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)))      C-fukCc^-^e-^a.   I-F  t+ttt+f(t<ri ,  tfc, 

CALENDAR  -       r.^- 


OF 


STATE    PAPEBS,  & 

COLONIAL    SERIES. 
AMERICA    AND    WEST    INDIES, 

AUGUST    1717— DEC.    1718, 

PRESERVED  IN  THE 

PUBLIC   EECORD   OFFICE. 


EDITED    BY 


CECIL    HEADLAM,     M.A. 

PUBLISHED    BY    THE    AUTHORITY    OF   THE    LORDS    COMMISSIONERS    OF    HIS    MAJESTY'S    TREASURY 
UNDER   THE    DIRECTION    OF   THE    MASTER    OF    THE    ROLLS. 


First  published  by  Her  Majesty's  Stationery  Office 

London 
1930 

REPRINTED  BY  ARRANGEMENT  WITH 
HER  MAJESTY'S  STATIONERY  OFFICE,  LONDON,  BY 


KRAUS  REPRINT  LTD. 

VADUZ 

1964 


Printed  in  the  United  States  of  America 


HAY  2  £  I?7'! 


CONTENTS, 

PAGE 

CORRIGENDA                          ....  jv> 

PREFACE        -                                    -  v. 

CALENDAR      -  1 

GENERAL  INDEX  ---..._  447 


(iv.) 


CORRIGENDA, 


Page      2  line    4  from  bottom,  for  10,000  read  20,000. 
8      „     13    For  6th  read  2nd. 
22      „       5     For  00  i  read  61  i. 
„        25      „       3    After  former,  read  to  H.M.  Ambassador  at 

the  Court  of  France,  and  the  latter. 

44  last  line  but  one,  For  4965  read  14,965. 

,,        45  line    3  from  bottom,  For  Sept.,  read  Aug. 

46      ,,       6    For  Sept.,  read  Aug. 
„      156      „     24     For  342,33  read  324,33. 
,,      164      ,,     17     For  Representations  read  Representation. 

,,      186  last  line  but  one,  For  Swanson  read  Swanton. 

,,      192  line  16  from  bottom,  For  he  read  they. 
„      205      „     31     For  My  read  Mr. 
„      216      „       9    DeleT. 

228      „     23    For  Shardo  read  Shard. 

246  lines  1  and  3     For  250  read  520. 

246  line  12  from  bottom,  For  Joseph  read  Josiah. 

336      ,,     24    For  Peneicola  read  Pencicola. 

347      „      10     For  Reply  to  read  Reply  by. 

366      „     11  from  bottom,  For  refilling  read  refitting. 


(v.) 


PREFACE, 


Cragga 

succeeds 

Addison  as 

Secretary 

of  State. 


Printing  of 
the  Acts 

of  the 
Plantations. 


Instruction 
to  Governors 

concerning 
Acts  affecting 

trade  and 
shipping. 


§   I- 
GENERAL. 

In  March,  1718,  Mr.  Craggs  informed  the  Governor 
of  Plantations  that  he  had  been  appointed  to  succeed 
Joseph  Addison  as  Secretary  of  State  for  the  Southern 
Department  (446). 

Before  Addison' s  failing  health  had  compelled  him 
to  resign  the  Seals,  he  was  able  to  report  several  important 
decisions  by  the  King  in  Council  on  Plantation  affairs 
(64).  Among  them  was  an  order  to  the  King's  Printer 
to  proceed  with  the  printing  of  the  Acts  of  the  Planta- 
tions in  accordance  with  the  request  of  the  Board  of 
Trade,  who  had  explained  that  when  they  had  to  consult 
the  laws  of  the  several  Colonies,  "  by  reason  the  said 
laws  are  contained  in  several  large  bundles  of  parchment, 
it  is  difficult  and  tedious  to  come  at  what  is  immediately 
wanted."  The  records  show  that  John  Basket  was  soon 
busy  printing  the  Acts  of  Bermuda  and  New  York  (51, 
64,  67).  His  estimate  of  the  cost  was  "  five  farthings 
pr.  sheet"  .(469,  715,  721,  728).  Printing  the  Acts 
entailed,  of  course,  a  preliminary  overhauling  and 
collection  of  the  body  of  laws  of  the  several  Colonies, 
which  in  some  cases  had  already  been  done.  In  the 
case  of  Virginia  this  procedure  gave  occasion  for  ob- 
jections to  be  raised  to  some  laws  of  long  standing  (171, 
174). 

">n  Sept.  27,  1717,  a  new  and  important  Instruction 
to  Governors  was  issued,  restraining  them  for  the  future 
from  passing  any  act  which  might  in  any  way  affect 
British  trade  or  shipping  without  the  addition  of  a 
clause  suspending  it  from  coming  into  force  until  it 
had  received  confirmation  from  the  Crown  (90  i.,  Ill, 
132,  142).  This  Instruction  was  forwarded  to  Governors, 

Wt.  441.  C.P.  6. 


vi. 


PREFACE. 


New  Seals. 


Governors' 

Instructions 

revised. 


Board  of 
Trade. 


New  rooms 
required. 


Admiralty 

Records 

burned  ; 

Burchett's 

History  of 

the  Navy. 


together  with  warrants  for  using  the  new  Seals  which 
had  been  prepared  after  the  accession  of  King  George  I 
(127,  135,  142). 

Much  care  having  been  spent  upon  the  preparation 
of  Instructions  for  the  new  Governor  of  Jamaica  (v.  §3), 
and  many  alterations  having  been  made  from  those  of 
his  predecessors,  it  was  decided  to  revise  the  Instructions 
of  other  Governors  so  as  to  secure  uniformity,  as  far  as 
possible  (144,  144  i.,  275,  665-667).  The  nature  of 
these  alterations  is  described  in  the  covering  letter  of 
the  Board  of  Trade  to  the  Secretary  of  State  (144). 
In  preparing  them,  the  Board  consulted  the  outgoing 
Governor  of  Jamaica. 

The  Earl  of  Holdernesse  succeeded  the  Earl  of  Suffolk 
and  Bindon  as  President  of  the  Council  of  Trade  and 
Plantations  in  Jan.,  1718  (339).  The  Board  had  recently 
been  reinforced  by  the  appointment  in  July,  1717,  of 
two  very  busy  and  capable  new  Commissioners,  Martin 
Bladen  (an  M.P.  who  had  been  Comptroller  of  the  Mint 
since  1714)  and  Daniel  Pulteney  (625). 

One  of  the  "  closets  in  the  office  in  the  cockpit  "  was 
now  so  much  out  of  repair  that  it  was  found  that  the 
Records  of  the  Board  were  being  seriously  damaged 
(224).  As  the  mass  of  documents  was  rapidly  increasing, 
the  Board  presently  made  a  request  for  the  erection  of 
a  new  room  on  Crown  land  adjoining  the  office  (300). 
Then,  finding  that  this  would  be  "  a  work  both  of  time 
and  expence,"  they  altered  their  request  to  one  for 
permission  to  take  over  some  adjacent  lodgings  (484). 

It  would  appear  that  the  Admiralty  Office  also  was 
cramped  for  room  for  housing  its  Records.  In  answer- 
ing an  application  by  Mr.  Popple  for  the  copy  of  a 
letter  from  Admiral  Benbow,  the  Secretary  of  the 
Admiralty  reveals  that  a  quantity  of  letters  had  been 
destroyed  by  a  fire  "  in  a  particular  place  where  they 
were  lodged  in  the  garden  of  this  Office"  (624).  Mr. 
Burchett,  however,  had  used  these  documents  for  the 
History  of  the  Navy  which  he  had  nearly  finished,  and 
was  able  to  supply  the  gist  of  Benbow's  correspondence 
from  that  source  (624  i.).  One  wonders  whether  perhaps 
they  had  been  "  lodged  in  the  garden  "  for  his  use. 


PREFACE. 


vii. 


Counsel 

appointed  to 

attend  the 

Board. 


A  difference 
with  the 

Attorney  and 
Solicitor 
General. 


Returns 
required 

from 
Governors. 


The  revision  of  the  laws  of  the  Plantations,  which  was 
rendered  necessary  by  the  undertaking  to  print  them, 
involved  the  consideration  of  many  legal  points  in  addi- 
tion to  those  raised  in  the  course  of  ordinary  Plantation 
business.  The  Board  was  empowered  by  its  Commission 
to  consult,  when  necessary,  the  Attorney  or  Solicitor 
General,  or  any  other  King's  Counsel.  The  practice 
hitherto  had  been  to  consult  only  the  Attorney  or 
Solicitor  General,  and  in  view  of  the  many  calls  upon 
their  time,  to  consult  them  as  little  as  possible.  A 
difference  had  recently  occurred  between  them  and  the 
Board.  The  Law  Officers  of  the  Crown  had  declared 
to  the  Privy  Council,  when  a  report  of  the  Council  of 
Trade  upon  some  acts  of  the  Leeward  Islands  was 
being  considered,  that  they  had  not  given  any  opinion 
on  the  subject.  Consideration  of  the  report  was  thereupon 
laid  aside.  But  the  Council  of  Trade  had  stated  in 
that  report  that  they  had  consulted  the  Attorney  and 
Solicitor  General,  and  on  hearing  what  had  happened, 
they  indignantly  protested  against  "  the  great  wrong  " 
done  them,  and  clinched  their  argument  by  submitting 
attested  copies  of  the  opinions  which  they  had  received 
from  those  officers,  and  which  they  had  quoted  in 
their  representation  (237).  It  may  well  be  that  this 
breeze  helped  to  impress  them  with  the  desirability 
of  having  some  lawyer  attached  to  the  Board,  upon 
whom  they  might  call  for  an  opinion  on  any  point  of 
law,  great  or  small.  His  particular  business  would  be 
to  report  upon  colonial  acts,  as  to  whether  they  were 
properly  drawn,  whether  they  infringed  the  Royal 
Prerogative  or  the  right  of  the  subject,  and  whether 
they  were  consonant,  with  both  the  Acts  of  Trade  and 
Navigation  and  the  other  laws  of  the  United  Kingdom 
(409).  At  any  rate,  the  Board  applied  for  such  an  officer 
to  relieve  the  Attorney  and  Solicitor  General  from  being 
consulted  on  all  but  matters  of  the  greatest  importance, 
and  Richard  West,  K.C.,  was  appointed  accordingly 
(496). 

The  new  Board  showed  itself  at  least  as  anxious  as 
its  predecessors  to  obtain  information  and  statistics 
from  the  Colonies,  partly  in  order  to  satisfy  the  growing 


Vlll. 


PREFACE. 


French 

progress 

on  the 

Mississippi. 


interest  taken  by  Pcarliament  in  the  trade  and  adminis- 
tration of  the  Empire.  Besides  repeating  former 
demands  for  regular  accounts  of  revenues,  it  sent 
circular  letters  to  the  Governors  of  the  Plantations 
requesting  statements  of  the  number  of  acres  that  had 
been  granted  to  planters,  and  details  of  quit-rents  and 
of  the  establishments  of  each  Government  (63,  334). 
Notice  was  demanded  when  leave  of  absence  was  granted 
to  a  Councillor  (570).  Returns  of  imports  and  exports 
from  and  to  Madeira  and  the  Azores  were  required 
(334  etc.). 

The  progress  made  by  the  French  in  establishing 
communications  between  Canada  and  the  new  colony 
of  Louisiana,  and  their  preparations  for  new  settlements 
on  the  Mississippi  "  on  the  back  of  the  British  Planta- 
tions "  had  already  aroused  apprehension  in  such  astute 
Governors  as  Spotswood  of  Virginia  and  Hunter  of 
New  York.  (Of.  C.S.P.  1716-17,  p.  viii.). 

Mr.  Cumings,  the  Customs  House  Officer  at  Boston, 
now  sent  a  map  of  the  ]  British  Empire  in  North  America 
to  illustrate  the  danger  which  threatened  it  (85).  Shortly 
The  Company  afterwards  (4th  Dec.,  1717),  Mr.  Beresford  submitted, 
on  behalf  of  South  Carolina,  a  memorial  in  which  he 
drew  attention  to  the  transferring  of  Crozat's  patent 
for  Louisiana  to  the  new  Compagnie  d'  Occident,  and 
to  the  extensive  powers  and  privileges  which  were  now 
conferred  upon  it.  The  national  effort  directed  by 
Law's  new  organisation,  and  by  the  French  in  Canada, 
would,  it  was  feared,  enable  them  effectually  to  put  into 
execution  the  project  of  La  Hontan,  either  to  induce 
the  Five  Nations  to  transfer  both  their  allegiance  and 
their  trade  from  the  English  to  the  French,  or  else  to 
compel  them  by  the  erection  of  forts  in  places  indicated 
by  him.  It  was  suspected  that  they  were  preparing 
an  attack  upon  the  Cherokee  Indians,  whose  friendship 
was  of  the  first  importance  to  Carolina.  The  Carolinians 
represented  that  the  grant  made  to  Crozat  by  Louis  XIV 
encrFoaecnhment  ^  1712>  as  outlined  by  La  Hontan's  map,  included  not 
Patneiteof  °nly. a11  Florida>  but  also  the  whole  Continent  from  the 
Carolina.  Mississippi  to  the  St.  Lawrence.  It  therefore  both  shut 
in  all  the  British  Plantations  on  the  Continent,  and 


PREFACE. 


IX. 


G  X  LJctliol  Oil  • 


Remedies 

proposed. 


infringed  the  patent  of  the  Proprietors  of  Carolina, 
whose  grant  extended  from  the  North  to  the  South 
Sea.  The  Carolinians  urged  the  Government  to  assert 
the  authority  of  the  Crown  against  such  encroachments 
Enquiries  by  (238,  660).  This  memorial  was  communicated  to  the 
Secretary  of  State  by  the  Board  of  Trade,  who  at  the 
same  time  wrote  to  all  the  Governors  of  North  America 
for  information  as  to  the  progress  and  encroachments 
of  the  French,  and  the  methods  which  they  would 
recommend  for  checking  them  (256). 

Cumings  saw  in  the  danger  which  threatened  from 
this  quarter  yet  one  more  reason  for  resuming  the 
charters  of  the  Proprietary  Governments,  in  order  that, 
with  a  uniform  system  of  government,  a  scheme  of  com- 
bined defence  might  be  introduced  (85,  660.  Cf.  C.S.P 
1716-17,  pp.  ix.,  x.).  Spotswood,  from  Virginia,  gave 
reasons  for  doubting  the  report  that  the  French  and  their 
Indians  were  marching  against  the  Cherokees,  or  that 
they  would  be  successful  if  they  did.  But  he  saw  plainly 
enough  that  it  would  be  in  the  interest  of  the  British 
to  obstruct  the  growth  of  the  new  French  colony  on 
the  Mississippi,  and  that  this  could  best  be  done  by 
cultivating  the  friendship  of  the  Cherokees,  extending 
trade  relations  with  the  other  tribes  of  Indians  in  the 
West,  and  interrupting  the  French  line  of  communica- 
tion between  Quebec  and  the  Bay  of  Mexico  by  adopting 
a  forward  western  policy  and  pushing  on  across  the 
mountains,  over  which  he  had  discovered  a  passage  (800). 
From  Carolina  the  encreasing  power  of  the  French  at 
Mobile  was  used  as  an  argument  for  resuming  the  charter 
of  the  Lords  Proprietors  (660).  New  England  had 
nothing  to  fear  from  the  French  settlements  on  the 
Mississippi,  and  felt  secure  in  the  great  distance  and  the 
vast  forests  which  separated  them.  For  Massachusetts 
and  New  Hampshire,  it  was  felt,  the  danger-point 
was  Cape  Breton,  where  the  fortification  of  Louisburg 
gave  rise  to  apprehension  (700).  General  Hunter, 
Governor  of  New  York,  like  Spotswood,  advocated  a 
forward  policy.  He  had  already  drawn  attention  to 
the  claims  inherent  in  M.  Crozat's  patent,  and  the 
danger  which  hung  over  the  frontiers  of  the  British 


0  PREFACE. 

Plantations  from  the  increase  of  French  influence  over 
the  Indians,  and  the  raids  upon  the  frontiers  which  it 
might  instigate.  The  extension  of  our  own  frontiers, 
and  the  erection  of  forts  and  the  increase  of  frontier 
garrisons  were  the  remedies  which  he  had  already 
advocated  (600.  Of.  C.S.P.  1716-17,  p.  viii.,  and,  1715, 
pp.  viii.-x.). 

Relations  with  Relations  with  Spain  were  now  very  strained.  So 
secure  of  far  as  the  Colonies  were  concerned,  complaints  con- 

British  ships.  tmue(j  to  be  made  of  British  ships  seized  by  Spanish 
guarda  costas,  and  now  began  to  take  the  shape  of  formal 
protests  and  appeals  to  the  Government.  Jamaican 
merchants  submitted  a  list  of  their  losses,  and  complained 
that  the  Governors  of  Spanish  ports  refused  to  give  any 
satisfaction  in  such  cases,  even  when  seizures  had  been 
made  within  sight  of  the  island,  or  raids  carried  out 
upon  Jamaican  plantations  (65,  65  i.-iii.) 

The  case  of  A  particularly  outrageous  instance  was  the  case  of 
BevPer%.  the  Virgin  of  Virginia,  a  privateer  commanded  by 
Harry  Beverley,  a  Virginian,  who,  as  shown  in  the 
previous  volume  (C.S.P.  1716-17,  Nos.  595,  595  iv.), 
had  been  commissioned  by  Lt.  Governor  Spots  wood 
to  investigate  the  activities  of  pirates  on  Providence 
Island  in  the  Bahamas,  which  were  under  his  jurisdiction 
as  Vice- Admiral.  Beverley's  character  was  vouched  for 
by  the  Council  of  Virginia.  There  was  not  the  least 
ground  for  suspicion  that  he  was  engaged  upon  any 
unlawful  design  or  intended  any  hostile  action  against 
the  Spaniards.  Nevertheless,  he  was  captured  by  a 
Spanish  man-of-war  upon  the  high  seas,  and  finally 
carried  into  Vera  Cruz.  There  the  Viceroy  of  Mexico, 
without  granting  him  a  hearing  or  considering  the  cre- 
dentials and  instructions  with  which  he  had  been 
furnished  by  the  Lt.  Governor  of  Virginia,  condemned 
his  sloop,  and  flung  him  and  his  crew  into  prison,  without 
subsistence,  so  that  several  died  of  starvation.  Beverley 
made  his  escape  to  Virginia,  after  having  lain  seven 
months  in  gaol,  petitioning  in  vain  for  a  trial.  Spotswood 
might  well  protest  that  "  by  the  same  rule  that  the 
Spaniards  have  taken  this  man  and  his  vessell  on  the 
high  seas  and  without  being  near  any  of  their  Dominions, 


PREFACE.  Xi. 

and  without  any  hostility  offered  on  his  part,  every 
vessell  belonging  to  H.M.  subjects  may  expect  the  like 
treatment  "  (10,  10  i.-viii,  59  ;  C.S.P.  1716-17,  Nos.  595, 
595  iv.).  The  Council  of  Trade  laid  the  case  before  the 
Secretary  of  State  "  as  a  matter  of  very  great  consequence 
to  the  trade  of  this  Nation  "  (5,  5  i.),  and  the  British 
demanded  Envoy  at  Madrid  was  instructed  to  demand  redress, 
from  Madrid.  (Aug.  1717.  No.  64).  There  was,  besides,  the  grievance 
of  the  Carolinians  that  the  Spaniards  at  St.  Augustine 
harboured  and  encouraged  enemy  Indians  in  their  war 
with  them  (525).  On  the  other  hand,  instructions  were 
given  that  the  Governor  of  Jamaica  should  enquire 
into  the  Spanish  complaint  of  piracies  committed  by 
Jamaican  privateers,  and  reparation  be  made,  if  feasible 
(361). 

EonrLogtaoodn  In  Sep*"'  1717>  the  Council  of  Trade  made  their  report 
cutting  in  in  answer  to  the  Marquis  de  Monteleon's  memorial 
Campeche.  concerning  the  logwood-cutters  in  the  Bay  of  Campeche 
(104i.).  This  highly  important  representation  has  often 
been  mentioned,  but  never  before  printed.  The  Board 
asserted  the  full  and  ample  right  of  British  subjects  to 
this  trade.  They  traced  their  claim  to  the  first  settle- 
ments near  Cape  Catoche  made  by  English  privateers- 
men  during  the  hostilities  preceding  the  Treaty  of 
Madrid  in  1667,  after  they  had  driven  the  Spaniards 
out  of  that  trade.  Either  upon,  or  before  the  publica- 
tion of  that  Treaty,  English  logwood-cutters  also  settled 
near  Suma  Sunta  "  adjacent  to  the  Laguna  de  Terminos 
and  to  Triste  and  Beef  Islands."  Their  right  to  the 
trade  was  held  to  be  confirmed  by  the  American  Treaty 
concluded  by  Sir  William  Godolphin  in  1670,  and  then* 
possession  was  made  good,  according  to  Sir  Thomas 
Modyford,  Governor  of  Jamaica,  writing  in  1672,  by 
their  having  used  that  trade  for  three  years  past  and 
by  their  occupation  of  the  interior  up  to  five  miles  from 
the  coast,  where  they  had  never  seen  a  Spaniard.  Such 
possession  was  held  in  the  West  Indies  "to  be  the 
strongest  that  can  be,  viz.  felling  of  wood,  building  of 
houses  and  clearing  and  planting  the  ground."  By  the 
7th  Article  of  the  American  Treaty  it  was  provided 
that  "  the  King  of  Great  Britain  shall  hold  and  keep  all 


PREFACE. 


the  lands  etc.  in  any  part  of  America,  which  he  and  his 
subjects  now  hold  and  possess."  Thus,  it  was  argued, 
the  Laguna  de  Terminos  and  the  parts  adjacent,  being 
in  the  possession  of  the  English  before  the  conclusion 
of  that  Treaty,  they  were  confirmed  in  it  by  the  said 
Treaty.  But  in  1672  a  Royal  cedula  was  issued  by  the 
Queen  Regent  of  Spain,  by  which  it  was  decreed  that 
"  such  as  should  make  invasion,  or  trade  without  license 
in  the  ports  of  the  Indies,  should  be  proceeded  against 
as  pirates."  By  virtue  of  this  decree  the  Spaniards  began 
to  seize  any  ships  that  had  logwood  on  board  without 
regard  to  the  Treaty  of  1670.  Disregarding  the  effective 
occupation  of  the  English  or  the  absence  of  it  on  their 
own  part,  they  attacked  and  dislodged  the  English 
logwood  cutters  at  the  Laguna  de  Terminos  and  Island 
of  Triste  in  1680.  But  after  two  or  three  months,  these 
places  were  re-occupied  and  the  logwood  trade  resumed. 
By  the  Treaty  of  Utrecht  it  was  agreed  that  the  places 
in  the  Indies  taken  during  the  war  should  be  restored. 
The  Spanish  Ambassador  argued  that  this  involved  the 
evacuation  of  the  Laguna  de  Terminos.  But  the  Council 
of  Trade  replied  that,  as  the  English  had  been  in  posses- 
sion of  it  ever  since  1669  and  before,  except  for  the  short 
period  after  the  Spanish  attack  in  1680,  this  could  not 
be  so.  Moreover,  by  the  Treaty  of  Commerce  following 
the  Treaty  of  Utrecht  the  American  Treaty  of  1670 
was  confirmed,  but  with  the  express  stipulation,  "  with- 
out any  prejudice  however  to  any  liberty  or  power 
which  the  subjects  of  Great  Britain  enjoy'd  before, 
either  thro'  right,  sufferance  or  indulgence."  The  latter 
phrase,  the  Board  maintained,  established  "  in  as  plain 
and  express  words  as  can  be  us'd  or  imagin'd,"  the 
liberty  of  British  subjects  to  cut  logwood  which  they 
had  enjoyed  without  interruption  before  the  Treaty  of 
1660,  as  well  as  a  right  in  the  Crown  to  Laguna  de 
Terminos  and  the  parts  adjacent,  if  it  was  thought 
worth  while  to  insist  upon  it.  As  to  the  logwood,  the 
importance  Board  emphasised  the  importance  of  that  trade,  not 
Trade6  only  for  its  cash  value  of  £60»°00  per  annum,  but  also 
as  providing  employment  for  British  ships  and  seamen. 
In  a  former  preface  we  have  noted  its  importance  in 


PREFACE.  Xiii. 

supplying  dye  for  the  woollen  industry.  The  Board 
concluded  by  representing  that  though  the  Spanish 
Ambassador  in  his  memorial  had  declared  that  no  attack 
would  be  made  upon  British  subjects  at  the  Laguna 
de  Terminos  till  eight  months  had  expired,  yet  they 
British  at  were  attacked  and  made  prisoners  that  same  month, 

Laguna  de  x  ri- 

as   has    been   seen   in   the   preceding   volume   of   this 


Calendar  (104L). 

Spraidrds  At  tlie  beginning  of  1718  the  Governor  of  the  Leeward 
Crab  island.  Islands  announced  that  what  he  had  always  dreaded 
had  come  to  pass.  A  Spanish  man  of  war  and  six 
sloops  appeared  off  Crab  Island  and  demanded  its 
surrender.  They  then  landed  and  killed  several  of  the 
inhabitants,  and  carried  off  others,  with  their  wives 
and  children  and  fifty  negroes,  as  well  as  the  Lt.  Governor, 
Abraham  Ho  well,  to  Puerto  Rico.  They  also  seized  all 
the  sloops  they  could  lay  their  hands  on,  "  as  they  do 
others  in  the  open  sea  ".  Those  of  the  inhabitants 
who  managed  to  escape  to  the  windward  side  of  the 
island  were  saved  by  sloops  that  happened  to  be  there, 
and  sought  refuge  at  Anguilla  and  Spanish  Town  (442). 

Restitution  Governor  Hamilton  at  once  sent  a  demand  by  H.M.S. 
Scarborough  to  the  Governor  of  Puerto  Rico  for  the 
immediate  release  of  those  who  had  been  carried  thither 
and  for  the  return  of  their  negroes  and  effects.  At  the 
same  time  he  asserted  "  the  unquestionable  right  and 
title  of  the  British  Crown  to  Crab  Island  (442,  449  iii.). 
Hamilton's  letter  was  submitted  by  the  Board  of  Trade 
to  Mr.  Secretary  Addison,  as  a  matter  demanding  instant 
action  (557),  and  the  Minister  at  Madrid  was  instructed 
to  lodge  complaint  (563).  The  Board  next  laid  before 
Mr.  Secretary  Craggs  Hamilton's  request  for  further 
directions,  he  having  done,  in  regard  to  the  Governor 
of  Puerto  Rico,  all  that  he  was  empowered  to  do  by  his 
Instructions  (582).  Further  accounts  were  received  from 
£edh  him  of  seizures  by  the  Spaniards  of  British  sloops  off 
off  the  Tortuga  and  whilst  turtling  off  Crab  Island  and  Sta. 

Islands. 


Lt.  Governor  Lt.  Governor  Howell  at  length  succeeded  in  obtaining 
k*s  release  from  Puerto  Rico,  through  the  intercession 
of  the  Agent  of  the  Asiento  Company  there,  and  made 


XIV. 


PREFACE. 


his  way  to  St.  Kitts  in  a  Jamaican  sloop.  He  brought 
news  that  the  Spaniards  were  fitting  out  an  expedition 
at  Vera  Cruz  and  Havana  to  attack  the  Bahama  Islands. 

Spaniards  ^  smau  raid  was  in  fact  made  (737,  737  iv.,  v.,  vii., 
Bahama  797,  807).  Evidently  a  state  of  almost  open  naval  war- 
islands.  ^are  wag  ^ing  waged  by  the  Spaniards  against  British 
vessels  in  the  West  Indian  waters,  and  would  not  be 
much  longer  endured. 

Address  by       However  much  within  their  rights  the  King  of  Spain 

^^York f  and  Alberoni  might  be  in  their  determination  to  exclude 
British  merchants  from  trading  with  Spanish  ports, 
the  methods  pursued  by  the  guarda  costas  and  Spanish 
Governors  in  the  West  Indies  were  such  as  no  sea-going 
nation  could  be  expected  to  tolerate.  In  addition  to 
the  cases  above  mentioned,  the  Assembly  of  New  York 
in  Oct.,  1718,  requested  the  Governor  to  represent  to 
the  King  that  a  sloop  belonging  to  the  Mayor  of 
that  City  had  been  taken  on  her  voyage,  carried  into 
Puerto  Rico  and  there  condemned  though  "  the  master 
had  neither  directly  or  indirectly  traded  in  any  port 
belonging  to  his  Catholick  Majesty  or  with  any  of  his 

New  York  subjects."  Other  New  York  vessels  had  been  seized  on 
'  their  voyages  to  and  from  the  West  Indies  with  nothing 
but  the  produce  of  British  Plantations  on  board.  It 
was  stated  that  privateers  were  fitting  out  at  Puerto 
Rico  in  order  to  capture  British  vessels  passing  that 
way,  a  situation  which  would  paralyse  the  New  York 
trade  in  provisions  for  the  West  Indies  (738  v.).  When 
therefore  news  arrived  of  Sir  George  Byng's  victory 

wsara^jth  over  the  Spanish  fleet  off  Cape  Passaro,  it  was  received 
with  pleasure,  for,  as  Governor  Hunter  observed  "  they 
have  been  making  war  upon  us  of  a  long  time  "  (738, 
807).  In  the  mean  time  Alberoni' s  endeavours  to  recover 
for  Spain  what  she  had  lost  by  the  Treaty  of  Utrecht 
resulted  in  the  formation  of  the  Quadruple  Alliance 
and  declaration  of  war,  16th  Dec.,  1718.  A  man  of  war 

instructions  was  despatched  with  instructions  for  the  Governors  of 
"'  Plantations  at  this  crisis  (780,  791,  803,  804,  814). 

Description       In  this  connection  there  is  noted  here  a  description 

West  indies,  of  the  Spanish  West  Indies,  which  was  written  by  the 
chief  Pilot  of  the  Spanish  Flotas  in  1718.  It  includes 


PREFACE.  XV. 

an  account  of  shoals,  currents  and  coasts  of  the  Spanish 
West  Indies  and  Bay  of  Mexico,  and  also  of  sailing 
directions,  of  considerable  interest  still,  and  of  great 
practical  importance  at  the  time  (1740)  when  it  was 
translated  and  presented  to  the  Duke  of  Newcastle 
(820).  The  Spaniards  guarded  the  secrets  of  navigation 
with  the  most  jealous  care.  It  will  be  remembered 
what  great  importance  Admiral  Anson  attached  to  the 
charts  and  sailing-directions  which  he  found  on  board 
the  Manila  galleon  captured  by  the  Centurion  in  1748.* 
increase  and  Pirates  of  all  nationalities  continued  to  increase  in 
of  pirates,  numbers.  Their  depredations  had  a  paralysing  effect 
upon  commerce.  Jamaican  merchants  had  to  await 
convoy  by  a  man  of  war.  Those  who  took  the  risk  and 
attempted  to  run  what  practically  amounted  to  a 
blockade,  were  almost  inevitably  plundered.  "  'Tis  with 
great  hazard  that  ships  come  to  us,  which  has  occasioned 
a  great  scarcity  of  all  sorts  of  provisions,"  wrote  a 
Governor  of  Jamaica  in  August,  1717.  "  There  is  hardly 
one  vessel,"  wrote  another  a  year  later,  "  coming  in  or 
going  out  of  this  Island  that  is  not  plundered  "  (54, 
^2,  566).  A  list  of  some  of  the  chief  pirates  and  an 
account  of  their  brutalities  is  given  by  the  Lt.  Governor 
of  Bermuda,  to  whom  they  sent  word  that  they  intended 
to  seize  his  government  and  use  it  as  their  headquarters, 
like  a  second  Madagascar,  instead  of  their  present 
rendezvous  in  the  Bahama  Islands.  There  their  strength 
and  impudence  was  such  that  they  ordered  H.M.S. 
Phoenix  out  of  the  harbour  at  Providence  Island  (551, 
551  i.-x.).  Carolina,  like  Jamaica,  reported  that  hardly 
a  ship  goes  to  sea  but  falls  into  their  hands.  Trade 
was  brought  to  a  stand-still,  and  the  port  of  Charleston 
was  blocked  by  pirates  lying  off  the  bar.  By  threats  of 
murdering  their  prisoners  and  burning  the  town  about 
his  ears,  they  compelled  the  Governor  to  supply  them 
with  a  chest  of  medicines  (556,  660).  The  Governor 
of  New  England  wrote  in  the  same  vein  :  "  The  pirates 
continue  to  rove  on  these  seas  ;  and  if  a  sufficient  force 
is  not  sent  to  drive  them  off,  our  trade  must  stop  "  (575). 
The  Governor  of  the  Leeward  Islands  was  prevented 

*Anson's  Voyage  Bound  the  World,  Ch.  viii. 


PREFACE. 

from  making  his  intended  visit  to  the  Virgin  Islands 
until  he  learned  that  the  pirates  who  swarmed  there 
had  left  for  the  North  American  coast.  Even  so,  on 
his  return,  the  appearance  of  pirates  in  strength  off 
St.  Christopher  caused  the  inhabitants,  in  alarm  for  the 
Governor's  safety,  to  impress  and  man  a  sloop,  in  order 
to  reinforce  the  small  warship,  which  was  quite  unfit 
to  cope  with  them  (134,  298,  298  i.-iii.,  797,  797  i.-vi.). 
Similarly,  Governor  Hunter  was  delayed  in  making  his 
departure  from  New  York  by  "  the  pirates  being  busy 
on  this  coast "  (553). 

Remedies  The  remedies  proposed  for  this  state  of  things  from 
all  quarters  were  an  increased  naval  force  to  police 
the  seas,  and  a  promise  of  pardon  to  all  pirates  who 
should  surrender  within  a  given  time.  The  attention 
of  Ministers  was  again  drawn  to  the  seriousness  of  the 
situation  at  the  beginning  of  this  period  by  the  Board 
and  adopted.  of  Trade.  In  Sept.,  1717,  Addison  announced  that  it 
had  been  decided  to  put  both  the  proposed  measures 
into  force.  Additional  men  of  war  were  ordered  to  the 
West  Indies  to  suppress  the  pirates,  whilst  a  Proclama- 
tion offering  pardon  to  those  who  should  surrender 
was  being  prepared  (1,  1  i.,  5,  5  i.,  64).  Steps  were  also 
being  taken  for  driving  them  out  of  their  nest  in  the 
Bahamas  by  naval  reinforcement  of  the  expedition 
under  Capt.  Rogers  (64,  471).  Shortly  afterwards,  the 

House  of     House  of  Commons  called  for  a  return  of  all  papers 
calls °f^apers.  and  orders  on  the  subject  (393  i.,  400). 
Proclamation      The   proclamation   promising   pardon   to    all   pirates 

offering  i_       u  j          i      ?  T  i-.i 

pardon,  who  should  surrender  betore  Jan.  5th,  was  prepared 
by  the  Law  Officers  of  the  Crown  in  consultation  with 
the  Council  of  Trade  (1,  1  i.,  9,  64).  Several  questions 
were  at  once  raised  concerning  it,  and  were  answered 
by  the  Attorney  and  Solicitor  General  (181,  187,  187 
i.-iv.,  201).  The  notorious  Henry  Avery  (or  Every, 
alias  Bridgman)  had  been  previously  excepted,  but  the 
offer  of  pardon  was  now  without  restriction  (9,  201). 
As  the  Proclamation  contained  a  promise  of  pardon 
only  it  was  at  first  suggested  that  it  would  be  necessary 
for  Governors  to  be  instructed  to  grant  it  to  those  who 
surrendered.  Goods  piratically  taken  by  them  would 


PREFACE.  XVli. 

remain  the  property  of  the  original  owners,  and  might 
Governor's    be  recovered  bv  them  (201).    On  further  consideration, 

Commissions  .  -i-i-ii  T  •  /-N 

for  granting  however,  it  was  decided  that  an  Instruction  to  Governors 
ns'  would  not  suffice,  but  that  Commissions  under  the 
Great  Seal  must  be  issued  (390,  466).  In  the  absence 
of  such  power,  the  Lt.  Governor  of  Bermuda  and  the 
Commander  of  H.M.S.  Phoenix  issued  certificates  to 
such  as  surrendered  to  them  on  the  .publication  of  the 

Effect  of  the  King's  Proclamation .  (345,  345  i.,  384).   For  at  first  a 

Proclamation.  v          '  .     '  ' 

considerable  number  did  so,  including  some  of  note, 
such  as  Hornigold  and  Jennings.  A  certain  number 
of  these  had  been  forced  to  turn  pirates  against  their 
wills,  when  their  ships  were  taken.  Amongst  them 
were  some  who  retook  their  ship  in  dramatic  fashion 
(551).  The  first  tidings  of  the  pardon  were  received 
with  great  joy,  we  are  told,  by  the  community  of  pirates, 
numbering  6  or  700,  at  the  Bahamas  (345,  345  i-iii., 
447,  474,  556).  But  their  first  enthusiasm  cooled  down 
when  they  found  that  Governors  had  not  yet  any  power 
to  grant  the  promised  pardon,  and  that  it  did  not  assure 
to  them  the  enjoyment  of  their  ill-gotten  gains.  They 
declared  that  they  would  not  surrender,  if  surrender 
involved  the  loss  of  the  effects  for  which  they  had  risked 
their  necks  (474).  In  Virginia,  Howard,  the  Quarter- 
master of  the  infamous  "  Blackboard,"  Teach,  had  the 
impudence  to  commence  a  suit  against  the  officer  who, 
by  the  Governor's  command,  had  seized  two  negroes 
whom  he  admitted  he  had  taken  out  of  two  ships  (800). 
The  Board  of  Trade  therefore  asked  what  instructions 
should  be  given  to  Governors  with  regard  to  such  stolen 
goods,  and  they  urged  the  dispatch  of  commissions  to 
the  several  Governors  (539,  580).  On  28th  July,  1718, 
commissions  for  pardoning  pirates,  and  extending  the 
time  limit  for  their  surrender  till  1st  July,  passed  the 
Great  Seal,  and  were  ordered  to  be  dispatched  by  the 
earliest  opportunity  (594,  638-642,  803). 

After  the  first  flush,  the  results  of  the  offer  of  pardon 

proved     disappointing.       Hornigold,     indeed,     in     the 

pirates      Bahamas  not  only  surrendered,  but  even  took  command 

of  a  sloop  and  sailed  in  search  of  Vane  (737).   But  the 

majority  of  those  who  gave  themselves  up  did  not  make 


PREFACE. 

good.  They  soon  reverted  to  their  old  way  of  living. 
From  all  sides  came  reports  that  they  were  "  returning 
to  the  sport "  or  going  out  again  "on  the  account " 
(551,  556,  657,  660,  797).  This  caused  no  surprize  to 
Governor  Hunter.  For  it  had  been  found  by  experi- 
ence at  New  York  that,  as  soon  as  their  money  was 
spent,  such  men  usually  relapsed  into  their  former 
ways,  partly  because  nobody  was  willing  to  employ 
them,  and  partly  because  it  was  an  easy  method  of 
earning  a  livelihood  (660).  There  is  also  a  plain  hint 
from  the  Secretary  of  State  that  gratuities  were  being 
exacted  by  those  in  authority  for  granting  pardons  or 
issuing  certificates  of  surrender,  and  that  such  exactions 
had  hindered  the  flow  of  surrenders  (803).  In  Carolina 
it  was  thought  that  the  offer  of  pardon  had  proved  an 
actual  encouragement  to  pirates.  There  they  came  in, 
took  their  discharge  and  probably  deposited  some  of 
their  effects,  and  then,  after  a  brief  holiday,  reverted 
to  their  old  course  of  life.  Their  number  was  reported 
to  have  increased  threefold  since  the  publication  of  the 
Proclamation.  Many  of  the  pirates  were  old  privateers- 
men,  who  found  themselves  out  of  employment  in  the 
intervals  of  peace.  When  war  broke  out  with  Spain, 
they  would  be  ready  enough  to  take  up  their  old  and 
more  legitimate  occupation  on  one  side  or  the  other 
(660).  The  Council  of  Trade  therefore  proposed  an  ex- 
tension of  the  time  allowed  for  their  claiming  the  pardon, 
because  it  was  feared  that,  otherwise,  they  would  enter 
into  the  service  of  Spain  (780). 

The  Act  f™  tfie  more  tffectual  suppression  of  piracy 
pirates  in  the  had  been  renewed  by  subsequent  acts.   But  the  com- 

Plantations.         .      .  -  .  . 

missions  for  trying  pirates  in  the  Plantations,  issued 
under  King  William  III  and  Queen  Anne,  had  deter- 
mined with  the  recent  demise  of  the  Crown.  As  pirates 
were  now  reported  to  have  been  seized  in  Bermuda 
and  New  York,  the  Council  of  Trade  suggested  that 
such  commissions  should  be  renewed  (91,  580).  This 
was  done,  but  the  dispatch  of  them  was  for  some  reason 
held  up,  possibly  to  avoid  confusion  with  the  extended 
offer  of  pardon  (338,  403-405,  483,  594).  They  were 
not  sent  out  until  nearly  a  year  later,  after  a  further 


PREFACE.  XIX. 

representation  by  the  Council  of  Trade,  on  the  occasion 
of  the  declaration  of  war  with  Spain  (703,  803).   In  the 

Trithe  oldder  mean  time  Governor  Shute  at  Boston  had  held  trials  of 
Commissions,  eight  pirates,  apparently  under  the  commission  issued 
to  the  Governor  of  the  Massachusetts  Bay  by  her  late 
Majesty  (193,  419,  575,  575  i.,  656,  658).  Spotswood, 
too,  in  Virginia,  in  spite  of  protests  from  some  of  the 
Councillors,  tried  a  pirate  under  the  Commission  of 
William  III,  and  the  extended  pardon  only  arrived 
just  in  time  to  save  his  unworthy  neck  from  the  gallows 
(800). 

Cp?rates°f  ^U^  y°u  mus^  ^S^  c&tch  y°ur  hare.  Pirates,  before 
being  tried,  had  to  be  captured.  Efforts  in  that  direc- 
tion were  not  altogether  unsuccessful,  in  spite  of  the 
great  numbers  and  heavy  armaments  of  "  these  vermin." 
We  have  seen  that  men  of  war  had  been  ordered  to 
the  West  Indies,  and  that  in  Hornigold  a  thief  was 
set  to  catch  a  thief  (64,  737,  807).  Among  the  Leeward 
Islands  the  guardships  Scarborough  and  Seaford  were 
active  (298,  298  i.-iii.),  the  capture  of  a  French  pirate 
by  the  former  leading  to  a  dispute  with  the  Governor 
of  Barbados  as  to  the  disposal  of  the  ship  and  cargo 
under  an  order  of  the  Admiralty  Court  at  St.  Christopher 
(742).  The  Governor  of  Jamaica,  however,  complained 
that  the  men  of  war  on  that  station  were  largely  con- 
cerned in  trading  with  the  Spanish  Main  on  their  own 
account.  This  complaint,  when  communicated  to  the 
Admiralty,  occasioned  a  repetition  of  their  instructions 
to  the  Commodore  to  see  that  Commanders  of  H.M.  ships 
did  not  carry  merchandise  on  any  account,  but  should  use 
the  utmost  diligence  in  cruising  against  pirates  (566, 
685,  686,  688). 

Captain  Woodes  Rogers  arriving  at  Providence  Island 
in  July,  1718,  to  take  up  his  new  government  of  the 
Bahama  Islands,  found  Charles  Vane  in  command  of 
the  community  of  pirates  there  (737).  Rogers  was 
accompanied  by  the  men  of  war,  Milford  and  Rose, 
and  the  Shark,  sloop.  Their  orders  were  to  assist  in 
putting  the  Governor  in  possession  of  Providence  I., 
and  to  relieve  the  guardships  on  the  Barbados  and 
Leeward  I.  stations,  "  when  the  pirates  in  the  West 


XX.  PREFACE. 

Indies  are  supprest."  (Admiralty,  8/14.)  The  Rose 
arrived  at  Nassau  the  evening  before  Rogers,  but  was 
obliged  to  cut  her  cables  and  run  out  at  night,  owing 
to  Vane's  having  set  fire  to  one  of  his  prizes  in  the  har- 
bour. Next  day,  however,  on  the  arrival  of  the  remainder 
of  the  expedition,  the  pirate  captain  was  obliged  to 
make  his  escape,  "  wearing  the  black  flag  and  firing 
guns  in  defiance."  After  lying  off  the  bar  of  Charleston 
harbour  and  capturing  ships  trading  with  Carolina, 
Vane  visited  the  coast  of  Cuba  and  then  took  shelter 
with  his  prizes  near  Abacoa,  where  some  of  his  friends 
from  Providence  traded  with  him  (730,  737).  At  Rogers' 
earnest  request,  Commodore  Chamberlain  had  left 
H.M.S.  Rose,  Capt.  Whitney,  with  orders  to  remain 
three  weeks.  Whitney  refused  to  prolong  his  stay  beyond 
another  week.  Rogers  was  therefore  not  only  com- 
pelled to  refrain  from  attacking  Vane,  but  also  had 
good  grounds  for  fearing  that  the  pirate  would  now 
make  an  attack,  and  that,  if  he  did  so,  he  would  be 
supported  by  his  old  friends  ashore.  Vane,  indeed,  sent 
word  to  the  Governor  that  he  intended  to  attack  him, 
and  to  burn  his  guardship  in  return  for  his  former  affront 
in  sending  two  sloops  after  him,  instead  of  answering 
his  letter  (737,  807).  Vane  had  been  expecting  to  join 
forces  with  Major  Stede  Bonnet,  a  Barbadian,  or  some 
other  pirate,  in  order  to  attack  Rogers  (737).  But 
Bonnet's  activities  were  brought  to  an  end  just  at  that 
time  (Nov.,  1718).  After  surrendering  with  Teach, 
when  wrecked  in  N.  Carolina,  he  had  taken  to  piracy 
again,  and  was  refitting  in  Cape  Fear  River  whilst 
Vane  was  plundering  vessels  off  Charleston  harbour 
(800).  The  Governor  of  South  Carolina  fitted  out  a 
Stcaetur01dnet  couPle  °*  S1°°PS  under  command  of  Colonel  Rhett  to 
attack  the  latter.  But  being  unable  to  find  Vane, 
Rhett  went  after  Bonnet  into  Cape  Fear  River.  Bonnet 
endeavoured  to  escape,  and  in  the  course  of  the  chase 
all  three  sloops  went  aground  at  low  tide. 

Rhett's  sloop  lay  within  shot  of  the  pirates,  and  for 
six  hours  they  engaged  in  a  hot  musketry  duel.  But 
when  the  tide  turned,  the  rising  water  set  Rhett's  sloops 
afloat  before  it  reached  Bonnet.  Having  thus  secured 


PREFACE  . 

the  advantage  in  manoeuvring,  Rhett  prepared  to 
board  the  pirate,  who  therefore  surrendered  (730,  787). 
In  announcing  this  success,  Governor  Johnson  and  the 
Council  of  South  Carolina  begged  the  Council  of  Trade 
to  help  them  in  obtaining  a  man  of  war  to  protect 
their  harbour,  which  the  pirates  sometimes  blocked 
up  for  eight  or  ten  days  together  (556,  660,  730).  They 
also  expressed  their  apprehension  lest  their  victory 
over  Bonnet  would  "  very  much  irritate  the  pirates 
who  infest  this  coast  in  great  numbers  "  (730).  These 
fears  were  justified,  for  the  harbour  was  promptly 
blocked  again  by  pirates,  who  took  several  ships  in 
sight  of  Charleston  (787).  The  Governor,  however, 
again  rose  to  the  occasion,  and  fitted  out  several  vessels, 
Woriey  which  succeeded  in  capturing  a  pirate  ship  and  sloop, 
after  killing  26  men,  including  their  leader,  Woriey. 

One    of   the    pirates   who    appeared    off    Charleston, 
and  besides  plundering  trading  vessels,  compelled  the 


Teach,  a/ias  Governor  to  send  him  a  chest  of  medicines,  was  Teach, 
alias  Blackbeard.  He  commanded  a  ship  of  40  guns 
and  3  sloops,  carrying  400  hands  (551,  556,  660).  Like 
Vane,  he  was  said  to  have  committed  many  atrocities 
(551,  551  i.-x.).  Teach  had  been  hunting  in  company 
with  Bonnet,  Kentish  and  Edwards,  seizing  and  burning 
ships  off  Guadeloupe  and  St.  Christopher  (298,  298 
i.-iii.).  On  leaving  Charleston  in  June,  1718,  he  sailed 
northwards,  and  entering  Ouacock  Bay,  ran  aground, 
and  lost  his  ship  and  two  of  his  sloops.  He  thereupon 
surrendered  to  the  Governor  of  North  Carolina  (657, 
800).  On  hearing  of  this,  Lt.  Governor  Spotswood  in 
Virginia,  having  no  great  confidence  either  in  the  forced 
submission  of  men  of  that  character,  or  in  the  integrity 
or  power  of  the  Government  of  North  Carolina,  issued 
a  Proclamation  forbidding  surrendered  pirates  to  carry 
arms  or  assemble  in  numbers  (July,  1718.  Nos.  657, 
657  iii.,  800).  He  explained  that  he  was  afraid  that  as 
soon  as  their  money  was  spent,  they  would  seize  some 
vessel  and  return  again  to  their  old  trade  (657).  This 
was  what  happened.  Bonnet,  as  we  have  seen,  was 
soon  out  again,  whilst  Teach,  keeping  his  crew  together 
in  North  Carolina,  "  went  out  at  pleasure  committing 

Wt.  441.  C.P.  c. 


PREFACE. 

robberys  upon  this  coast "  (800).  Spotswood  was  deter- 
mined that  the  pirates  should  not  be  permitted,  through 
the  weakness  or  connivance  of  the  Government  of 
North  Carolina,  to  gather  strength  and  establish  a 
rendezvous  at  a  spot  so  dangerous  to  Virginian  shipping 
as  Ouacock  Inlet.  He  persuaded  the  Assembly  to  offer 
rewards  for  the  apprehension  or  destruction  of  pirates, 
and  to  put  a  heavy  price  on  Teach's  head.  But  he  did 
not  dare  to  communicate  the  plan  he  had  devised  either 
to  the  Assembly  or  to  the  Council,  for  fear  Teach  should 
be  informed  of  it,  "  there  being  in  this  country,  and 
more  especially  among  the  present  faction,  an  un- 
accountable inclination  to  favour  pyrates,"  as  was  shown 
by  the  refusal  of  the  inhabitants  to  assist  in  disarming 
and  suppressing  a  gang  of  pirates  who,  in  defiance 
of  the  Proclamation,  marched  under  arms  through 
Virginia  and  endeavoured  to  induce  sailors  to  join 
them.  In  secret,  therefore,  he  approached  the  Captains 
of  the  men  of  war  on  that  station  and  communicated 
to  them  his  project  of  destroying  that  nest  of  pirates. 
When  they  explained  that  their  ships  could  not  negotiate 
the  shallow  and  difficult  channels  of  Ouacock,  he  hired 
two  sloops  which  they  manned  with  two  naval  officers 
and  55  men.  They  found  and  boarded  the  pirate  sloop. 
Teach  killed  But  Teach  made  a  stout  resistance,  in  the  course  of 

ctesperaate  which  that  desperate  ruffian  and  nine  of  his  crew  were 
killed.  The  pirate  captain  had  heralded  the  fight  by 
draining  a  bowl  of  liquor  and  crying  "  Damnation  to 
anyone  who  should  give  or  ask  quarter."  Then  he 
raked  the  approaching  sloops  with  his  great  guns  loaded 
with  partridge  shot,  inflicting  serious  loss  on  the  unpro- 
tected sailors,  and  himself  sprang  onto  the  deck  of  the 
first  sloop  which  came  alongside  to  board  his.  He  had 
given  orders  for  his  sloop  to  be  blown  up,  if  he  should 
be  overcome.  But  the  negro  who  was  about  to  set  fire 
to  the  powder  was  stopped  by  a  planter  who  had  been 
taken  prisoner  the  day  before,  and  lay  in  the  hold  during 
the  action.  Of  the  King's  men,  eleven  were  killed  and 
twenty-three  wounded  (800). 

ME°ngiandd  Mo°dy,  England  and  Frowd,  however,  continued  their 
depredations  off  Carolina  and  the  Leeward  Islands 


PREFACE.  XX1U. 

unchecked,  drawing  supplies  from  the  Danish  port  of 
St.  Thomas,  which  is  described  as  "  a  nest  that  harbours 
all  villains  and  vagabonds,"  and  using  Sumana  Bay, 
Scots  Bay  and  the  Island  of  Mona  as  places  of  rendezvous 
(797,  797i.-vi.). 

It  will  be  remembered  that  in  March,  1717,  the 
Council  of  Trade  had  laid  before  the  King  a  compre- 
hensive report  upon  the  question  of  encouraging  the 
importation  of  Naval  Stores  from  the  Plantations  (C.S.P. 
1716-17,  pp.  xv.,  xvi.).  At  the  beginning  of  1718  Mr. 
Joshua  Gee  and  other  merchants  applied  to  Parliament 
for  the  grant  of  a  premium  on  unmanufactured  iron 
imported  from  the  Plantations.  This  the  Council  of 
Trade  had  recommended  in  their  representation.  Nothing 
was  decided,  but  the  Board  had  hopes  of  success  in  the 
ensuing  year,  and  stated  their  determination  to  continue 
their  support  of  that  policy  (450).  In  the  mean  while 
the  Commons  asked  that  a  report  by  the  Council  of 
Trade  upon  the  whole  question  of  naval  stores  should 
be  laid  before  the  House  (328,  328  L).  The  Board  at 
once  proceeded  to  collect  more  statistics  (381,  386, 
386  i.,  387).  At  the  same  time  the  Commissioners  of 
Customs  drew  attention  to  certain  frauds  which  were 
being  practised  in  those  commodities  on  which  a  pre- 
mium had  been  granted  (382).  Tar  was  being  diluted  with 
water  and  pitch  mixed  with  sand,  a  method  of  business 
which  reminds  one  of  a  famous  cargo  of  wooden  hams 
at  a  later  date.  The  Council  of  Trade  therefore  issued 
a  circular  letter  to  Governors  warning  them  that  such 
abuses  would  bring  American  pitch  and  tar  into  dis- 
repute, and  instructing  them  to  give  directions  for 
maintaining  the  good  quality  of  their  exports  (416, 
419).  Spots  wood,  who  had  been  disgusted  at  the  success 
of  the  agitations  which  had  secured  the  repeal  of  the 
acts  for  regulating  the  tobacco,  fur  and  Indian  trades 
in  Virginia,  prophesied  great  difficulty  in  obtaining  one 
to  prevent  frauds  in  this.  That  part  of  the  electorate 
which  was  most  concerned,  he  said,  valued  the  reputa- 
tion of  their  commodities  in  the  British  market  as 
little  as  their  own  in  Virginia  (699). 


xxiv.  PREFACE. 

^  Joshua  in  pursuit  of  their  study  of  the  question,  the  Council 
report.  rf  ^^  obtained  a  report  from  Mr.  Gee.  He  stressed 
the  danger  of  allowing  the  country  to  be  at  the  mercy 
of  the  King  of  Sweden  for  its  supplies  of  iron  and  timber. 
The  import  duties  on  timber,  boards,  pipe-staves  and 
copper  were,  he  asserted,  preventing  the  Plantations 
from  supplying  the  British  market  with  those  com- 
modities. The  removal  of  those  duties  in  favour  of  the 
Plantations  would  be  a  sufficient  encouragement,  and 
thus  make  Great  Britain  independent  of  the  supplies 
at  present  drawn  from  Norway  and  Sweden.  She  would 
pay  for  them  by  her  manufactures  instead  of  exporting 
gold  to  the  Eastern  countries.  He  emphasised  the 
advantage  that  would  be  gained  for  British  shipping 
by  having  this  additional  freight  for  homeward-bound 
voyages  from  America.  And  he  was  able  to  point  to 
the  success  which  had  attended  the  granting  of  a 
premium  upon  tar  imported  from  the  Plantations.  For 
not  only  had  the  price  of  Swedish  tar  been  greatly 
reduced,  but  also  the  monopoly  of  the  Stockholm  Com- 
pany had  been  so  successfully  invaded,  that  large 
quantities  were  being  exported  from  Great  Britain  to 
Europe.  As  to  iron,  the  quality  of  the  American  ore 
had  been  proved  to  be  excellent.  But  the  erection  of 
iron  works  was  a  chargeable  undertaking,  and  the 
mere  removal  of  the  import  duty  would  scarcely  suffice 
to  induce  people  to  invest  the  necessary  capital  in  such 
enterprises.  He  therefore  proposed  that  a  premium 
should  be  granted  on  unmanufactured  iron  made  in  the 
Plantations,  and  that  in  return,  and  to  safeguard  British 
manufacturers,  all  such  iron  should  be  imported  directly 
to  England,  "  so  that  the  Plantations  may  have  their 
supplies  of  iron  and  iron  manufactures  from  England 
as  they  now  have"  (819).  The  Board  of  Trade,  on 
the  last  day  of  the  year,  invited  the  Chancellor  of  the 
Exchequer  to  confer  with  them  on  the  subject  (815). 

The  Board  of  Trade  laid  before  the  Privy  Council  a 
suggestion  from  the  Governor  of  Barbados  that  Governors 
should  be  permitted  to  press  seamen  in  emergencies. 
But  they  had  little  hope  that  the  Act  for  the  encouragement 
of  the  trade  to  America  would  be  altered  in  that  sense  (471). 


PREFACE.  XXV. 

Posts  had  already  been  established  in  the  Northern 
Posts  in      Plantations    between    Boston,    New    York    and    Phila- 
delphia,  by  the  Post-Master  General,  in  pursuance  of 
the  powers  granted  him  by  the  Act  of  IX  Queen  Anne. 
But  when  he  now  began  to  establish  a  fortnightly  service 
Right  of     from  Williamsburgh  via  Maryland  to  Philadelphia,  ob- 
ta*thetto  jsctions   were   raised   in   Virginia.    Fixing   the   rates   of 


Postage>  it  was  maintained,  was  equivalent  to  imposing 
a  tax,  and  the  right  of  Parliament  to  impose  a  tax 
without  the  consent  of  the  General  Assembly  was  denied. 
But  in  a  bill  passed  by  the  Council  and  Assembly  this 
fundamental  principle  was  abandoned,  so  far  as  the 
Post  Office  act  was  concerned.  Whilst  acknowledging 
the  act  to  be  in  force  in  the  Colonies,  opposition  to  the 
Post-Master  General  of  America  and  the  Deputies 
appointed  by  him  was  concentrated  on  imposing  such 
penalties,  provisoes  and  exceptions  as  to  render  the 
establishment  of  the  posts  impossible.  Spots  wood  re- 
fused his  assent  to  the  bill.  But  it  remains  important 
as  showing  that  the  principle  of  taxation  for  revenue 
by  Parliament  was  recognised  as  being  raised,  and  was 
so  far  conceded  (568). 
A  Patent  for  Petitions  from  several  merchants  for  the  sole  right  of 

Sturgeon.  .  ° 

curing  sturgeon  in  America  and  importing  them  into  Eng- 
Protestfrom  land  were  considered  (149,  149  i.,  165  i.,  222,  222  i.  etc.). 

New  England.    A 

A  protest  against  any  such  monopoly  was  entered  by 
the  Agent  for  New  England  as  "  contrary  to  the  natural 
and  common  rights  of  His  Majesty's  subjects  "  (354). 

The  Council  of  Trade  rejected  the  application  of 
English  petitioners  whose  claims  to  have  been  at  much 
labour  and  expense  in  perfecting  the  art  of  curing 
sturgeon  they  found  to  be  baseless.  But  they  recom- 
mended the  grant  of  a  monopoly  to  John  Boreland,  a 
Boston  merchant,  in  order  to  encourage  such  curing 
and  importation  from  the  Plantations.  Boreland  had 
already  made  experiments  in  this  direction,  and  under- 
took to  import  sturgeon  from  North  America  within 
four  years  which  would  be  as  good  as  that  which  came 
from  Hamburgh  and  the  East  Country.  His  patent 
was  to  be  granted  for  eight  years  only  at  first,  and  to 
be  terminable  \t  the  end  of  four  (480). 


XXVI. 


Foreign  With  regard  to  the  prohibition  of  foreign  trade,  the 
Council  of  Trade  thought  it  necessary  to  explain  the 
instructions  of  the  previous  summer  (v.  C.S.P.  1716-17, 
p.  ix.).  By  the  Act  of  Navigation  no  foreign  ships  were 
allowed  to  trade  with  the  British  Plantations.  But 
there  was  no  law  forbidding  British  ships  from  trading 
to  or  from  foreign  Plantations.  Only  it  was  agreed  to 
prevent  it  by  the  Treaty  of  Peace  and  Neutrality. 
Governors  were  to  discourage  such  trading,  but  ships 
which  did  so  could  not  be  confiscated,  nor  their  cargoes 
(227,  588).  Prevention  of  such  trading,  however,  was, 
as  the  Governor  of  the  Leeward  Islands  observed,  no 
easy  matter  without  a  complete  system  of  sloops  to 
act  as  coast-guards  about  the  numerous  bays  of  the 
islands  (134).  The  further  question  arose,  whether  any 
goods  not  of  European  growth  or  manufacture  might 
be  imported  into  the  Plantations  in  English  ships  from 
anywhere  but  Great  Britain.  This  question  was  put  to 
the  Attorney  General  (636). 


?micyi°i  ^e  ^ounc^  °f  Trade  expressed  their  agreement  with 
Preference,  the  suggestion  of  Lt.  Governor  Keith  (who  had  been 
Surveyor  General  of  the  Customs  in  America),  that  a 
much  higher  duty  ought  to  be  laid  in  all  the  British 
Plantations  upon  imports  from  foreign  Plantations  than 
on  those  from  the  British  Empire,  "  so  as  to  encourage 
as  much  as  possible  the  commodities  of  our  own  Planta- 
tions "  (227,  450).  Mr.  Cumings,  it  will  be  remembered, 
had  in  1716  proposed  a  duty  equivalent  to  the  4J  p.c. 
by  which  the  British  Sugar  Islands  were  handicapped 
(v.  C.S.P.  1716-17,  pp.  ix.,  x.). 


§2. 
THE  AMERICAN  COLONIES. 

South  Carolina.     In  March,  1718,  the  Committee  of  the  Assembly  of 

South  Carolina  wrote  to  their  Agent  giving  reasons  for 

Salwar  *earmg  a  renewal  of  the  Indian  war.   Colonel  Hastens, 

feared.      who  had  been  sent  to  make  peace  with  the  Southern 

Indians,  and  had  been  left  as  a  hostage  with  them  whilst 

a  deputation  of  Creeks  went  to  Charleston  to  negotiate, 


xxv. 

was  murdered  together  with  nine  white  men,  women 
and  children.  The  intentions  of  the  Cherokees  and 
Cuttabas  appeared  doubtful.  It  was  reported  that 
they  had  made  peace  with  the  Creeks.  The  French  had 
posted  garrisons  amongst  the  Creeks  ;  and  there  were 
grounds  for  believing  that,  encouraged  by  the  French 
and  Spaniards,  "  the  whole  body  of  Indians  all  round 
us  are  plotted  against  us."  The  Assembly  repeated  their 
appeal  for  relief  from  the  Crown ;  otherwise,  these 
perpetual  hostilities  with  the  Indians  and  the  pressure 
of  taxation  to  pay  for  measures  of  defence  would  cause 
an  exodus  of  the  inhabitants  to  the  Bahamas,  as  soon 
as  Capt.  Rogers  arrived  in  his  new  Government  (423, 
556).  A  similar  account  of  the  situation  having  befen 
forwarded  to  the  Council  of  Trade  by  the  Lieut.  Governor 
of  Bermuda,  the  Board  once  more  enquired  of  the  Lords 
Proprietors  what  they  had  done  or  intended  to  do  for 
the  security  of  the  Province  (384,  486,  504  i.).  Later, 
the  Governor  of  Virginia  reported  raids  by  the  Northern 
and  Tuscarora  Indians  in  North  Carolina  and  an  attack 
by  them  intended  to  cut  off  the  new  seat  of  Government, 
which  was  beaten  off  within  half  a  mile  of  the  Governor's 
residence  (699).  The  fears  aroused  by  the  progress  of 
French  the  French  and  the  (improbable)  rumour  of  an  intended 
'attack  by  them  upon  the  Cherokees  has  been  mentioned 
above  (238  ;  §  1.  p.  viii.). 

The  desperate  condition  of  the  Province,  added  to 
resumption  the  irritation  caused  by  the  combination  of  interference 
and  neglect  on  the  part  of  the  Proprietors,  occasioned  a 
renewal  of  the  appeal  from  the  inhabitants  to  be  taken 
under  the  immediate  protection  of  the  Crown.  In 
soliciting  a  report  upon  the  necessity  for  resuming  the 
Charter,  and  the  presentation  of  the  Address  to  this 
effect  by  the  Assembly  and  inhabitants  of  South  Carolina, 
the  Agent  drew  attention  to  the  fact  that  it  was  now 
signed  by  the  Assemblymen  and  568  others,  that  is,  by 
more  than  half  the  inhabitants  of  the  Province.  This 
was  the  best  answer  to  the  assertion  of  the  Lords 
Proprietors  that  the  demand  was  merely  factious,  and 
the  work  of  a  party  (536,  536  ii. ;  Cf.  C.S.P.  1716-17, 
536  ii.,  p.  xxii.).  The  Council  of  Trade  were  ready  enough 


xxviii.  PREFACE. 

Supported  by  to  support  this  application.  In  forwarding  the  Agents' 
t0f  T^ade?  memorial  (423),  to  the  Secretary  of  State,  they  repeated 
their  previous  suggestions  that  steps  should  be  taken 
"  for  resuming  this  and  all  other  Proprietary  Govern- 
ments into  the  hands  of  His  Majesty,  since  it  is  evident 
they  cannot  support  or  protect  themselves,  and  that 
any  misfortune  happening  to  them  must  in  consequence 
affect  the  rest  of  His  Majesty's  Dominions  on  the  Con- 
tinent of  America"  (525).  A  fortnight  later  they  expressed 
the  daily  increasing  conviction  of  the  "  great  incon- 
veniences that  do  arise  from  the  erecting  of  Proprietary 
Governments  "  (543.) 

entoura^in  ^e  Proprietors  having  withdrawn  their  prohibition 
settlement  of  of  the  settlement  of  lands  between  the  Cambahee  and 
raTeapeaiedandsSavannah  rivers  (C.S.P.  1716-17,  72,  413  i.),  the  Assembly 
had  passed  two  acts  for  encouraging  the  seating  of  the 
Yamassee  lands  (C.S.P.  1716-17,  413  i.).  By  them  ad- 
vantageous terms  as  to  grants  and  quit-rents  were 
offered  to  Protestant  colonists  from  the  British 
Dominions.  But  in  the  autumn  of  1718  the  Lords 
Proprietors  instructed  the  Governor  and  Council  that 
no  more  lands  must  be  surveyed  and  granted  without 
permission  from  their  Board.  The  reason  advanced  was 
that  the  old  abuses  of  exorbitant  grants  and  failure  to 
keep  accounts  of  quit-rents  were  being  repeated.  They 
demanded  an  exact  return  of  such  grants  and  rents 
(694-696).  They  thanked  Col.  Rhett  for  his  efforts  to 
obtain  such  a  rent-roll  (697),  and  repealed  the  two  acts 
above  mentioned  as  being  an  encroachment  by  the 
Assembly  upon  their  rights  and  property  (631,  632). 
Whilst  one  of  these  acts  had  offered  a  bounty  on  white 
servants  imported,  provided  they  were  not  Roman 
Catholics,  native  Irish,  or  persons  of  evil  character, 
another  was  passed  laying  a  duty  on  negroes  imported 
(660).  The  intention,  evidently,  was  to  redress  the 
balance  between  white  and  black. 

^andThe163"      In  accor(iance  with  the  instructions  given  by  the  Lords 

Tax  Act.     Proprietors  to  Governor  Johnson,  an  act,  known  as  the 

Tax  act,  was  passed  for  raising  money  to  sink  the  bills 

of  credit  which  had  been  issued  under  the  Bank  Act. 

It   was   represented   to   the   Proprietors,   however,    by 


PREFACE.  XXIX. 

London  merchants  and  others,  that  the  Assembly  were 
designing  to  elude  the  provisions  of  this  Tax  act,  and  to 
issue  more  paper  money.  They  therefore  instructed  the 
Governor  not  to  give  his  consent  to  any  measure  for 
evading  the  Tax  act,  and  not  to  permit  the  creation  of 
iegai°tender.  anv  new  kills  of  credit  without  their  consent.  The 
same  restriction  was  applied  to  the  proposal  to  make 
commodities  legal  tender  at  a  fixed  price  (660,  687). 
Act  laying  Great  objection  was  made  to  another  device  of  the 
British  goods.  Assembly  for  raising  money  to  pay  for  the  Indian  war 
without  taxing  their  estates.  This  was  a  duty  of  10  p.c. 
upon  all  British  manufactures  imported.  Col.  Rhett, 
the  Surveyor  General  of  Customs,  represented  that  such 
an  import  would  not  only  be  a  burden  upon  British 
merchants,  but  also  encourage  illegal  trade  in  foreign 
goods  and  stimulate  the  colonists  to  set  up  manufactures 
of  their  own,  "  which  they  have  for  some  time  past 
aim'd  at,  and  endeavoured  to  effect  and  are  capable 
to  do,  having  wools  in  great  plenty  "  (452  i.,  660).  Upon 
this  the  Council  of  Trade  consulted  the  Solicitor  General, 
and  elicited  from  him  an  opinion  that  such  a  heavy 
burden  upon  British  trade  was  not  consonant  to  reason 
and  by  no  means  agreeable  to  the  laws  of  Britain,  as  the 
terms  of  the  Charter  required  (463,  489).  The  Lords 
Proprietors,  however,  stated  that  the  act  had  not  been 
submitted  for  their  approbation,  and  that  they  did  not 
know  of  its  existence  (505).  The  Council  of  Trade  there- 
fore suggested  that  they  should  be  instructed  by  the 
Crown  to  send  their  disallowance  of  the  act  at  once  to 
Carolina,  with  directions  to  the  Governor  never  to 
assent  to  a  similar  law  in  the  future  (514).  This  they 
were  required  to  do  by  an  Order  in  Council,  and,  in  addi- 
tion, to  reprimand  Governor  Johnson  for  having  given 
his  consent  to  so  illegal  an  act  (537,  631). 

As  a  sign  of  their  good-will,  the  Lords  Proprietors 
had  empowered  Governor  Johnson  to  announce  to  the 
Assembly  upon  his  arrival  in  the  Colony  their  gift  of 
all  arrears  of  money  due  from  lands,  and  of  future  quit- 
rents  till  May,  1718.  But  there  was  a  pill  concealed 
within  this  gift.  For  it  was  decreed  that  thereafter, 
to  atone  for  the  depreciation  of  the  paper  money,  £12 


XXX.. 

instead  of  £3  per  100  acres  must  be  paid  for  grants  of 
lands.  A  rent-roll  must  be  prepared,  and  the  rates  of 
foreign  coins  laid  down  by  the  Act  of  Parliament  observed 

Acts  asserting  (632).  The  Assembly  had  assumed  the  right  of  appoint- 
ing  the  Receiver  General  of  the  Province  and  the  Receiver 
of  tne  powder  duty.  In  spite  of  the  Governor's  opposi- 
tion, they  had  passed  two  acts  asserting  this  right. 
These  acts  the  Lords  Proprietors  also  repealed,  as  well 
as  the  Indian  Trade  Act  and  two  acts  regulating  the 

New  Assembly  elections  etc.  (631,  632).   At  the  same  time  they  directed 

ed*     the  Governor  to  dissolve  the  Assembly  and  summon 

a  new  one  (632).   Against  the  act  for  regulating  the 

Indian  Trade  Indian  trade  petitions  had  been  submitted,  complaining 

EieetionnActs  that  it  instituted  a  monopoly,  like  the  Virginian  Indian 

repealed.     Company  Act,  the  repeal  of  which  had  been  ordered 

(631).   It  was  also  alleged  that  the  Indians  themselves 

objected  to  it,  and  that  its  restrictions  would  involve 

the  loss  of  their  trade  (660). 

The  act  entitled  to  keep  inviolate  the  freedom  of 
elections  etc.  and  an  explanatory  act  of  the  same,  which 
were  repealed,  revised  the  distribution  of  seats  in  the 
Assembly,  the  qualifications  for  voters  and  members  and 
the  arrangements  for  elections.  It  was  aimed  chiefly  at 
the  political  predominance  of  Charleston,  where  hitherto 
elections  had  been  exclusively  held,  and  where  the 
influence  of  the  Proprietors  and  their  officials  was 
paramount. 

The  Lords  Proprietors  concluded  their  letter  to  the 
Governor  and  Council  announcing  these  decisions  by 
remarking  that  as  the  Assembly  had  not  accepted  what 
they  had  offered,  and  their  behaviour  appeared  to 
indicate  that  they  needed  no  assistance  from  them, 
their  proposed  donation  would  be  withdrawn.  The 
request  for  salaries  for  the  Council  they  were  unable  to 
meet  except  by  suggesting  that  the  Council  and  Assembly 
should  provide  means  for  the  support  of  the  Government 
and  paying  themselves  (632). 

In  8Pite  of  the  disturbed  condition  of  the  Colony, 
it  could  boast  of  an  export  of  no  less  than  35,000  barrels 
of  tar,  pitch  and  turpentine  in  1717  (787). 


PREFACE.  xxxi. 

In  recommending  the  proposal  of  Sir  Robert  Mount- 
gomery  for  his  "  new-intended  settlement  of  Azilia," 
(v.  C.S.P.  1716-17,  p.  xxii.),  the  Council  of  Trade 
followed  the  suggestions  of  the  Attorney  General  (360  i., 
424,  459,  493).  Mountgomery's  grant  from  the  Lords 
Proprietors  extended  to  the  southern  extremity  of 
Carolina,  and  was  intended  to  be  a  separate  province, 
independent  of  South  Carolina.  Mountgomery  urged  in 
its  favour  that  the  produce  that  could  be  raised  there, 
such  as  wine,  olives,  almonds  and  currants,  were  at 
present  imported  entirely  from  foreign  countries,  and 
that  the  new  colony,  reaching  to  the  north  coast  of  the 
Bay  of  Mexico,  would  act  as  a  buffer  between  the 
Spaniards  and  enemy  Indians  and  the  northern  Planta- 
tions. It  would  enable  us  to  check  the  encroachments 
by  the  French  from  their  new  settlements  on  the 
Mississippi,  and  serve  as  a  good  jumping  off  ground  for 
a  new  settlement  on  the  River  Apalachia  (389).  This 
suggestion  of  a  forward  policy  south  and  west  was 
approved  by  the  Attorney  General  and  the  Board.  But 
the  former  was  doubtful  whether  the  Lords  Proprietors 
of  Carolina  had  the  power  to  divide  their  Government 
and  to  constitute  a  new  province  independent  of  the  laws 
of  South  Carolina.  Both  agreed  that  in  any  case  the 
erection  of  a  new  Proprietary  government  was  undesir- 
able. The  Board  emphasised  the  objection  that  some 
of  these  Charter  Governments  were  not  obliged  to  sub- 
mit their  acts  for  the  approbation  of  the  Crown,  and  took 
advantage  of  that  liberty  to  make  laws  "  prejudicial  to 
the  trading  interest  of  this  kingdom  and  of  the  other 
Plantations."  They  therefore  proposed  that  the  Lords 
Proprietors  should  surrender  to  the  Crown  their  powers 
of  government  in  the  new  province,  retaining  the  property 
of  the  soil  only,  and  that  the  king  should  then  establish 
a  suitable  form  of  government,  with  Sir  Robert  as  a  royal 
Application  Governor  (459,  493).  Mountgomery  himself  presently 
Lottery,  applied  for  permission  to  organise  a  lottery  in  Scotland, 

in  order  to  obtain  funds  for  his  venture  (671  i.,  684). 
Pirates.          Engagements   with   the   pirates   who   had   terrorised 
Charleston  and  paralysed  the  trade  of  South  Carolina 
are  described  in  §  1  (660,  730,  787). 


XXXU. 


PREFACE. 


report. 


Governor  of       Capt.  Henry  Kelsey  received  a  Royal  Commission  as 

Hudson's  Bay.  J  •        n-   £       £    TT    j         >x> 

Governor  and  Commander  in  Chief  of  Hudson  s  Bay, 
to  do  what  he  should  judge  necessary  "  for  Our  service, 
the  advantage  of  the  said  Company  and  the  increase 
of  the  Beaver  Trade  "  (793). 

Maryland.  The  only  documents  of  interest  relating  to  Maryland 
are  two  undated  charges  against  Governor  Hart  of  being 
concerned  in  illegal  trade  and  encouraging  Jacobites 
and  Papists  (288,  289). 

New  England.  jn  reply  to  the  queries  of  the  Council  of  Trade,  Governor 
shute's  Shute  announced,  in  November,  1717,  that  he  had  visited 
^e  forts  in  both  the  provinces  under  his  government, 
and  found  them  in  a  bad  state  of  repair.  Both  Massa- 
chusetts and  New  Hampshire  were  much  in  debt  owing 
to  the  cost  of  the  Indian  wars.  He  proposed  that 
emigration  should  be  assisted  by  offering  to  masters  of 
ships  405.  per  head  for  emigrants  transported  by  them, 
and  that  the  duty  on  lumber  should  be  taken  off.  Some 
measures  of  relief  were  necessary  because  exports  were 
so  far  in  excess  of  imports  (some  accounts  of  which  were 
rendered,  85,  85  i.,  330,  620  i.,  700),  and  the  balance  of 
trade  was  so  much  against  them,  that  the  value  of  their 
paper  money,  which  had  driven  out  all  other  currency, 
was  continually  falling.  One  of  Shute's  first  acts  had 
been  to  assent  to  a  further  issue  of  bills  of  credit  for 
£100,000.  This  device  to  avoid  taxation  was,  in  fact, 
having  its  inevitable  result  (193).  In  a  later  report, 
he  rendered  an  account  of  the  revenues  and  establish- 
ments of  the  two  provinces  (700,  700  iv.,  v.). 

^n  reporting  upon  an  application  for  a  grant  of  the 
lands  between  Nova  Scotia  (v.  infra  p.  xlvii.),  which  were 
claimed  by  the  Massachusetts  Bay,  the  Board  of  Trade 
made  mention  of  a  proposal  by  the  Agent  of  that  Govern- 
ment to  surrender  to  the  Crown  that  portion  of  the 
lands  in  question  which  lay  between  the  rivers  Penobscot 
and  St.  Croix,  in  return  for  the  recognition  of  their 
right  to  the  lands  between  Kennebec  and  fenobscot 
rivers.  Their  comment  is  instructive.  The  Board  depre- 
cated the  entering  into  any  contracts  with  Proprietary 
Governments,  or  doing  anything  to  confirm  their  claims, 
because  they  were  daily  more  and  more  convinced  of 


money, 


PREFACE. 


XXX111. 


A  bounty 


considered 


the    inconveniences    arising    from    such    Governments, 

"  who  generally  are  not  able  to  defend  their  own  lands." 

Whilst  admitting  that  the  Massachusetts  Bay  was  not 

jealousy     Kable  to  this  stricture,  they  adopted  the  narrow  view 

Eng°iandetrade  of  British  merchants  by  adding  that  "  we  cannot  but 
and  fishery.  o^gerve  tnat  the  people  of  New  England  do  in  many 
occasions  interfere  with  the  trade  and  benefit  that  should 
The  woollen  only  accrue  to  the  Mother  Kingdom  "  (543).  One  such 
industry,  trade  was  the  woollen  industry,  the  development  of 
which  was  restricted  by  the  act  which  prohibited  the 
export  of  wool  from  one  Colony  to  another.  Mr.  Cumings 
reported  that  this  act  was  evaded,  but  with  so  much 
secrecy  that  it  was  difficult  to  gauge  to  what  extent. 
j}ut  as  the  woollen  manufacturers  in  the  Colonies  de- 
pended  upon  its  evasion,  seizures  of  such  wool  would 
onjy  ^g  condemned  if  tried  in  the  Admiralty  Courts, 
because  in  the  Courts  of  Common  Law  both  judges  and 
juries  were  generally  parties  concerned.  The  Council 
of  Trade  then  began  to  enquire  whether  a  bounty  upon 
wool  exported  from  the  Plantations  to  England  for 
manufacture  there  might  not  solve  the  difficulty  (85, 
418,  620). 

Governor  Shute  held  a  conference  with  the  Eastern 
Indians  at  Arrowsick  and  concluded  a  new  treaty  of 
peace  with  them  (193).  Before  the  end  of  the  following 
year,  however,  he  had  to  report  that  they  had  become 
very  insolent,  through  the  instigation  of  the  French 
Jesuits  among  them,  but  he  still  hoped  to  prevent  a 
war  (700).  The  question  of  French  aggression  and  of 
the  trials  of  pirates  are  mentioned  in  §  1  (193,  700). 

The  Assembly  pursued  its  policy  of  cutting  down  the 
saiaries  of  officers  in  an  Act  abolishing  certain  fees 
hitherto  allowed  to  the  Secretary.  Mr.  Willard  asked 
for  the  repeal  of  this  act,  on  the  grounds  that  it  repealed 
existing  ones,  and  left  the  most  troublesome  business 
in  the  Secretary's  Office  to  be  done  without  reward, 
when  his  salary  was  already  "  so  scandalously  small,  as 
not  to  amount  to  more  than  £40  sterling  "  (274  ;  cf.  284). 

Governor  Shute     As  a  moderate  Church  of  England  man,  who  would 
.  identify    himself    with    neither    Congregationalists    nor 
Episcopalians,  Governor  Shute  was  giving  satisfaction 


Treaty  with 
Eastern 
Indians. 


French 
intrigues. 


Trials  of 
ThePAssembiy 


PREFACE. 

to  neither  party.  Vehement  opposition  to  him  was  led 
by  Elisha  Cooke.  His  violent  abuse  of  the  Governor, 
whom  he  described  as  being  under  the  influence  of 
Dudley,  led  to  his  dismissal  from  the  office  of  Clerk  of 
Tw<>ods8S  ^ne  Superior  Court.  The  lumber  trade  was  growing 
rapidly.  Saw-mills  were  being  erected  everywhere, 
especially  on  the  frontiers  of  New  Hampshire  and  in 
the  Province  of  Maine.  Whilst  by  the  Charter  the 
inhabitants  were  permitted  to  cut  trees  within  their 
townships,  the  woods  without  were  reserved  to  the 
Crown,  and  only  such  trees  were  allowed  to  be  cut  as 
were  not  marked  for  the  use  of  the  Navy.  Cooke  seized 
upon  this  situation  for  a  campaign  directed  against  the 
royal  authority  and  officers  appointed  by  the  Crown. 
Arguing  that  the  Province  of  Maine  had  been  granted 
to  Sir  Ferdinando  Gorges  and  purchased  by  the  Massa- 
chusetts Bay,  he  maintained  that  the  Colony  had  full 
title  to  the  woods,  and  that  the  General  Court  could 
dispose  of  them  as  they  thought  fit.  He  informed  the 
people  that  they  could  cut  logs  where  they  pleased, 
and  made  violent  attacks  upon  Mr.  Bridger,  H.M. 
Surveyor  of  the  Woods.  After  presenting  a  memorial 
to  this  effect  to  the  Assembly,  he  subsequently  modifed, 
reSovSd°from  his  statement  (616,  616  i.-viii.,  672).  His  conduct  upon 
Council,  this  occasion,  and  his  personal  abuse  of  the  Governor 
led  to  his  removal  from  the  Council  (700,  700  i.-iii.). 
But  he  was  elected  Speaker  of  the  Assembly,  where  he 
found  wider  scope  for  his  demagogic  activities.  It  was 
apparently  owing  to  the  representation  of  the  Agent 
^or  -^ew  England,  Mr.  Dummer,  that  Bridger  was 
presently  superceded,  and  Mr.  Burniston,  an  absentee 
place-holder,  with  no  knowledge  of  forestry,  was  appointed 

Thtorthet8  in  his  Place  (428>  592>  735)-  On  receipt  of  Mr.  Bridger's 
Woods,  letter  (672),  the  Treasury  enquired  what  the  situation 
was  as  to  the  rights  to  the  woods.  The  legal  adviser 
of  the  Board  of  Trade  gave  his  opinion  that  Maine  was 
now  one  with  Massachusetts,  and  not  the  private  property 
of  that  Colony ;  that  the  Crown  was  entitled  to  all  the 
trees  therein  of  the  dimensions  reserved  by  the  Act 
of  IXth  Anne  for  the  Royal  Navy,  except  only  on  such 
lands  as  were  granted  to  private  persons  before  the 


PREFACE. 


XXXV. 


Bridget 

remains  and 

reports 

waste  of 

woods  here 


and  in 

New 

Hampshire. 


Wentworth 

succeeds 
Lt. -Governor 

Vaughan. 

Exports  of 
timber  to 
Spain  and 
Portugal. 


Three  Acts 
repealed. 


resumption  of  the  Charter  of  Charles  I.  With  this  opinion 
the  Board  of  Trade  expressed  their  entire  agreement, 
and  suggested  that  it  should  be  communicated  to  the 
Council  and  Assembly  of  Massachusetts  Bay  through 
the  Governor,  with  directions  for  its  observance.  In 
the  event  of  its  not  having  the  desired  effect,  they 
advised  that  a  scire  facias  should  be  brought  against 
the  Charter  (711,  711  i.,  741,  744,  755).  They  also 
considered  the  Surveyor's  Instructions,  and  whether 
any  additions  were  required  to  the  Acts  governing  them 
(706). 

On  hearing  of  his  dismissal,  Mr.  Bridger  expressed 
great  indignation  and  surprise.  He  represented  that,  on 
the  rumour  of  his  being  turned  out,  the  lumber-men 
had  begun  to  cut  and  destroy  all  before  them.  If  he 
left  his  post,  many  thousands  of  fine  mast  trees  would 
be  destroyed  in  a  month.  He  therefore  proposed  to 
continue  to  exercise  his  office,  until  he  was  relieved, 
and  begged  for  the  Board  of  Trade's  good  offices  in 
securing  him  the  continuation  of  his  salary  (735,  812). 
That  his  post  was  no  sinecure,  is  emphasised  by  his 
excusing  his  bad  writing  in  one  letter  by  the  remark 
that "  the  weather  is  so  cold  I  cannot  write  three  words 
before  the  ink  freezes  "  (283).  Part  of  the  waste  of  woods 
and  cutting  down  of  mast  trees  reserved  for  the  Navy 
in  New  Hampshire,  he  attributes  to  the  connivance  of 
the  Lieutenant-Governor,  Vaughan.  On  the  other  hand, 
complaints  came  from  that  Government  of  the  restric- 
tions imposed  by  him,  with  the  result  we  have  described 
(428,  592,  738). 

Following  upon  his  quarrel  with  Governor  Shute, 
Vaughan  was  replaced  by  John  Wentworth  as  Lt.- 
Governor  (80 ;  cf.  C.S.P.  1716-17,  pp.  xxv.,  xxvi.). 

The  large  exports  of  timber  to  Spain  and  Portugal 
to  be  used  for  naval  construction  by  the  king's  enemies 
roused  the  indignation  of  a  patriotic  mariner,  and  the 
Collector  of  Customs  of  New  Hampshire,  who  reported 
it  on  the  outbreak  of  war  (796,  806  i.,  810,  810  i.-iii.). 

Three  Acts  of  New  Hampshire,  for  the  relief  of  idiots  ; 
providing  for  posthumous  children  ;  and  against  High 
Treason  were  repealed,  for  reasons  given  by  Mr.  West 


xxxvi. 


PREFACE. 


Objection  to 

Act  for 

making  lands 

etc.  liable 

for  debts. 

Command  of 

the  Rhode 

Island 

Militia. 


New  Jersey. 

Governor 

Hunter 

commended. 


Coxe's 

agitation 

in  London. 


(599,  615,  627,  674).  As  to  the  latter  act,  which  made 
several  alterations  in  the  rules  by  which  traitors  could 
be  convicted,  to  which  exception  might  well  be  taken, 
Mr.  West  represented  that  it  was  desirable  to  keep 
cases  of  treason  in  the  Plantations  within  the  Common 
Law,  by  which  "  the  Crown  has  the  subjects  of  those 
Provinces  much  more  at  command  than  if  the  English 
Statutes  of  Treasons  were  extended  to  them."  This  act 
of  New  Hampshire,  he  added,  encroached  upon  the 
King's  prerogative,  and  no  inducement  was  offered  by 
that  Colony  to  the  Crown  in  return,  such,  for  instance, 
as  the  settlement  of  the  Revenue  (615).  He  also  took 
objection  to  the  Act  for  making  lands  and  tenements 
liable  to  payment  of  debts,  chiefly  on  the  grounds  that  it 
was  badly  worded  (607). 

The  Governor  of  New  England  visited  Rhode  Island, 
and  laid  before  the  Council  that  part  of  his  Commission 
which  appointed  him  to  the  command  of  their  Militia 
in  time  of  war  or  emergency.  The  General  Assembly 
declared  that  this  was  contrary  to  their  Charter,  and 
refused  their  consent  (700). 

In  response  to  Governor  Hunter's  request  for  a  public 
declaration  upon  the  rumours  and  complaints  against 
him  sponsored  by  Coxe  and  his  party  in  New  Jersey, 
he  was  authorised  to  make  known  that  the  King  was 
well  satisfied  with  his  conduct,  and  that  the  reports 
of  his  dismissal  were  groundless  and  malicious  (22, 
69;  cf.  C.S.P.  1716-17,  p.  xxxii.).  Some  further 
correspondence  of  about  the  same  date  (Aug.,  1717) 
revealed  how  busily  Coxe  and  Bustill  were  promoting 
their  agitation  against  him  in  London,  and  repre- 
senting to  their  supporters  in  New  Jersey  that  they 
had  influential  support  from  Ministers  and  others  (373, 
373  i.-v.,  375,  376).  They  even  went  so  far  as  to  hint 
at  the  assassination  of  Hunter  by  suggesting  that "  even 
Parliament  men "  were  wondering  why  he  did  not 
meet  with  the  same  fate  as  Governor  Parke  (373  iv.,  376). 
But,  strengthened  by  the  pronouncement  of  the  Govern- 
ment in  his  favour,  the  dismissal  of  the  objectionable 
Councillors,  the  elimination  of  Coxe  and  his  friends  from 
the  Assembly,  and  the  approval  by  the  Council  of  Trade 


PEEFACE.  XXXvii. 

Tranquillity  °*  nis  rePlv  to  tne  Traders'  memorial  (344  ;  cf.  C.S.P. 

restored.  1716-17,  pp.  xxix.-xxxii.),  Hunter  was  able  to  report 
that  the  Province  was  at  last  enjoying  complete  tran- 
quillity. The  Assembly  was  perfectly  amenable,  and 
promised  to  settle  a  revenue  for  a  longer  period  (520, 
520  i.-iii.,  738).  The  accounts  showed  a  balance  on  the 
right  side  (651). 
Act  re  aii  ^e  ^c^  rePeaung  the  act  for  ascertaining  the  place 

Act  for  of  sitting  of  the  Assembly  was  confirmed  in  accordance 
a8^acaeofng  with  Hunter's  representations  (248,  254,  344,  378 ;  cf. 
confirmed.  C.S.P.  1716-17,  pp.  xxix.-xxxi.),  as  also  the  Act  that 
the  solemn  affirmation  of  Quakers  be  accepted  instead  of 
an  oath  etc.  This  act,  by  which  Quakers  were  permitted 
to  serve  as  jurors,  even  in  criminal  cases,  on  affirmation 
only,  and  to  hold  offices,  extended  to  them  greater 
indulgence  than  they  received  in  England.  But  the 
Council  of  Trade  recommended  it  on  the  grounds  that 
it  was  represented  to  be  "  absolutely  necessary  for  the 
strengthening  the  hands  of  the  Government  there  "  (253, 
267,  326,  344,  378.  Cf.  C.S.P.  1716-17,  p.  xxix.).  A 
petition  was  presented  praying  that  the  subject 
should  be  re-opened  before  the  Order  in  Council 
confirming  the  act  was  issued.  Mulford  figures  among 
the  signatories.  The  Council  of  Trade  reported  that 
the  Order  had  gone  out  nearly  three  months  before  the 
petition  reached  them,  and  that,  till  then,  no  objections 
to  the  Act  had  been  presented  (445,  445  i.-iii.,  558).  At 
the  same  time  they  reminded  Hunter  that  Lt.  Governor 

Lt.  GOV.     Ingoldsby's  commission  for  New  Jersey  had  not  been 

Ingoldsby'8  6  J  ..  J       .      . 

Acts.  revoked  at  the  same  time  as  his  commission  as  Lt. 
Governor  of  New  York,  and  therefore  challenged  his 
statement  that  the  acts  to  which  he  objected  were 
passed  without  authority  (344.  Cf.  C.S.P.  1716-17, 
pp.  xxviii.,  xxix.).  Hunter,  in  reply,  stated  his  case, 
but  added  that  as  most  of  the  laws  in  question  were 
by  this  time  expired  or  repealed,  it  was  no  longer  of  any 
consequence  (600). 
A  An  Act  for  naturalization  led  the  Council  of  Trade  to 

Act.  '  n  ask  for  a  statement  of  the  law  regarding  naturalization 
objection  to  m  the  Plantations  (785).    Objection  was  made  to  three 

Acts  affecting  *  -111  •     ••• 

Patent  Offices,  acts  on  the  grounds  that  they  diminished  the  jurisdiction 

Wt.  441.  C.P.  d. 


XXXV111. 


PREFACE. 


Policy  of 

starving 

Royal  Officers 


Revenue 
Accounts. 

New  York. 

Act  for 
payment  of 
public  debts. 


Increased 
trade  and 
prosperity 
follow  on 
new  issue 
of  paper 
currency. 


of  the  Supreme  Court,  and  also  the  accustomed  fees  of 
holders  of  Patent  Offices  (253,  267,  284,  764,  786).  The 
Secretary  complained  that  the  fees  of  his  office  were 
reduced  below  a  living  wage.  He  quoted  several  members 
of  Assembly  as  having  declared  that  they  had  people 
enough  of  their  own  to  execute  that  office,  and  that  if 
the  King  would  send  over  Patent  Officers,  they  would 
take  care  to  make  it  not  worth  their  while  (284). 

Accounts  of  the  Revenue  from  1710  to  1718  were 
returned,  amounting  in  all  to  under  £10,000  (651). 

In  New  York  politics  there  had  long  been  an  acute 
division  between  the  interests  of  the  City  and  the  country 
districts.  This  division  had  been  a  potent  factor  in  the 
struggle  for  a  settlement  of  the  revenue,  when  one  point 
at  issue  was  whether  a  tax  upon  land  or  upon  imports 
should  be  raised.  The  former  would  fall,  of  course,  upon 
the  planters  and  pioneers  of  the  frontier,  the  latter 
mainly  upon  the  richer  merchants  and  consumers  of 
the  towns.  The  vote  of  the  Country  Party  had  con- 
tributed largely  to  the  settlement  of  the  revenue,  and  to 
the  passing  of  the  act  for  the  payment  of  the  debts  of 
the  Province  on  a  basis  of  customs  and  excise  duties, 
and  an  issue  of  bills  of  credit.  The  persons  whose  debts 
were  to  be  paid  were  named  in  this  Act  of  1715,  and 
by  it  all  other  claims  were  declared  void.  It  soon 
appeared,  however,  that  there  were  many  creditors  of 
the  Province  whose  claims  had  been  ignored.  A  second 
act  was  therefore  passed  at  the  end  of  1717,  for  their 
payment,  by  which  another  issue  of  bills  of  credit  was 
authorised,  secured  by  a  duty  on  imported,  and  an  excise 
on  retailed  liquors. 

Hunter  recommended  this  act  as  a  measure  both 
reasonable  and  just.  Opposition  to  it  he  described  as 
merely  arising  from  the  resentment  of  vested  interests. 
Rich  merchants  who  had  grown  accustomed  to  a  practical 
monopoly  of  trade,  saw  it  threatened  by  the  diffusion  of 
money  and  restoration  of  credit,  opening  the  door  to 
smaller  tradesmen.  But  Hunter  could  point  to  a  definite 
increase  of  trade  and  shipping  and  general  prosperity, 
shown  by  the  returns  of  imports  and  exports,  and  the 
acceptance  of  the  paper  currency  at  par,  as  all  tending 


PREFACE.  XXXIX. 

to  prove  the  new  issue  of  paper  bills  to  be  a  beneficial 
measure.  If  the  act  were  disallowed  and  the  bills  recalled, 
a  financial  disaster  would  ensue  (194,  236,  317,  516,  518, 
519,  650,  724  i.,  738,  738  v.). 

Opposition  to  The  merchants  of  New  York  City  at  once  expressed 
their  vehement  dislike  of  the  new  imposition  laid  upon 
trade,  and  prosecuted  an  active  opposition  to  the  act. 
When  the  bill  had  passed  the  Assembly,  the  Grand  Jury 
of  New  York  petitioned  the  Governor  to  veto  it.  Hunter 
communicated  their  address  to  the  Assembly,  and  the 
Grand  Jurors  were  ordered  to  be  taken  into  custody 
and  brought  before  the  bar  of  the  House,  where  they 
were  severely  reprimanded  (516,  516  i.,  650,  738  iv.,  v.). 
Opposition  to  the  act  was  then  organised  in  London. 
Money  was  sent  home  to  procure  its  repeal.  A  caveat 
was  entered,  and  petitions  were  presented.  The  coffee- 
houses were  canvassed,  and  arguments  advanced  to 
show  the  undesirable  nature  of  the  act  (492,  499  i.,  516, 
650,  663  i.,  707,  724  i.,  738  ii.).  The  caveats  were 
referred  to  the  Board  of  Trade,  and  by  the  Board  of 
Trade  to  the  Government  of  New  York  (499,  528,  529, 
633).  The  Council  replied  to  them  in  forcible  terms, 
agreeing  with  Hunter's  assertion  that  the  allegations, 
of  the  opposition  were  scandalous  and  false,  and  their 
prophecies  already  proved  by  experience  to  be  incorrect 
(650,  738,  738  i.-v.). 

Mr.  West's  Mr.  West,  in  his  report  upon  the  Act,  after  examining 
the  objections  of  the  British  merchants  and  others, 
expressed  approval  of  its  objects.  But  he  stated  the 
legal  objection  that,  though  the  act  by  the  customs 
imposed  materially  affected  British  trade  and  shipping, 
the  instruction  requiring  a  suspensory  clause  in  such 
legislation  had  not  been  observed,  and  that  bills  of  credit 
had  been  struck  and  issued  immediately  without  waiting 
for  the  royal  assent.  They  could  not,  however,  now  be 
recalled,  without  throwing  the  colony  into  the  utmost 
confusion  (663). 

Objections  to  Objection  to  the  Revenue  Act,  and  an  Act  to  oblige  all 
vessels  trading  to  this  Colony  to  pay  duty,  was  taken  on 
^e  same  grounds,  that  they  affected  British  trade  and 
shipping.  The  Council  of  Trade,  anxious  to  avoid  the 


xl. 


PREFACE. 


Act 

amending 

Revenue  Act 

passed. 


Opposition 

from 
Long  Island. 


The  Whale 
Fishery. 


Mulford's 
speech  and 
memorial. 


necessity  of  repealing  these  acts,  urged  Hunter  to  procure 
their  amendment  by  the  Assembly,  and  himself  in  future 
to  observe  the  recent  Instruction  on  the  subject  (199, 
292,  402,  402  i.,  662,  676).  Hunter  protested  that  it 
would  be  very  difficult  to  find  any  source  of  revenue, 
seeing  that  a  land  tax  was  impracticable,  if  "  by  the 
clamours  of  merchants  or  those1  self-interested  every  sort 
of  duty  may  be  constructed  to  affect  the  trade  of  Great 
Britain."  Similar  duties,  moreover,  had  been  exacted 
before,  and  in  other  Colonies  (600,  602).  He  did,  however, 
succeed  in  obtaining  an  Act  amending  the  Revenue  Act 
(718,  738). 

The  inhabitants  of  Long  Island,  N.Y.,  had  joined  the 
merchants  of  New  York  in  their  opposition  to  the  Act 
for  the  payment  of  the  public  debts. 

During  the  struggle  for  the  settlement  of  a  revenue, 
when  money  had  to  be  raised  somehow  by  Hunter  to 
carry  on  the  Government,  pressure  had  been  brought  to 
enforce  payment  of  quit-rents  and  of  fees  for  licences 
for  whale-fishing  (50,  317,  603  iii.).  Whales  were  royal 
fish,  and  the  right  to  grant  licences  for  fishing  for  them, 
or  to  claim  the  Crown  property  in  drift  whales,  was 
assigned  to  the  Governor  in  his  Commission.  (As  to 
this  point,  the  Council  of  Trade  expressed  some  doubt, 
which  was  fully  answered  by  Hunter,  Nos.  317,  317  i.-x., 
402,  478,  600,  603  iii.,  738).  The  capture  of  drift-whales, 
however,  was  one  of  the  leading  industries  in  Long  Island. 

The  Long  Islanders,  who  had  been  refused  a  port  of 
their  own,  were  bound  to  enter  and  clear  their  vessels 
at  New  York.  The  port  and  customs  duties  which  they 
were  now  called  upon  to  pay  there,  not  to  mention  the 
enforcement  of  the  Acts  of  Trade  by  the  New  York 
Collectors,  roused  their  resentment  and  touched  their 
pockets.  In  these  circumstances,  the  collection  of  fees 
for  whale-fishing  and  the  demand  for  the  payment  of 
quit-rents  provoked  bitter  opposition  among  those  who 
had  been  accustomed  to  indulge  a  strong  preference  for 
illegal  trade  and  a  considerable  leaning  towards  pirates. 
Their  cause  was  championed  in  the  Assembly  by  Samuel 
Mulford,  of  Easthampton.  He  had  been  sued  for  non- 
payment of  quit-rents  and  of  licences  for  whale-fishing 


FfcEFACE.  xli. 

(317,  317  i.-xi.).  In  a  bitter  speech  in  the  House  he  had 
attacked  the  Assembly  and  administration.  There  he 
could  plead  privilege.  But  he  committed  the  indiscretion 
of  publishing  his  speech,  and  was  expelled  from  the 
House.  Going  to  England,  he  appealed  to  the  Council 
of  Trade  and  Privy  Council  for  redress,  stating  his 
grievances  in  a  Memorial,  which  had  been  referred  to 
Hunter  for  his  reply  (14,  49,  49  i.-ii.,  94 ;  and  ?>. 
C.S.P.  1716-17,  p.  xxvii.).  The  present  volume  gives 
the  answers  of  Governor,  Council  and  Assembly  to  the 
wild  attacks  of  that  "  craz'd  old  man,"  as  Hunter  calls 
him  (317,  317  i.-xiv.,  602,  603,  603  i.-iii.). 

Reply  of  Mulford  in  his  Memorial  had  complained  that  the 
distribution  of  seats  in  the  Assembly  was  unfair ;  that 
the  Country  Party  was  over-represented,  and  that  Long 
Island  had  not  been  assigned  its  just  number  of  members. 
This,  he  alleged,  had  rendered  possible  the  imposition 
of  an  excessive  proportion  of  the  taxes  upon  Long  Island, 
when  the  quotas  of  taxes  were  being  assigned.  To  this 
the  Assembly  gave  a  clear  reply  (317  xi.,  603  ii.,  iii.). 
His  complaint  against  the  powers  of  the  Court  of  Chancery, 
which  had  been  called  into  requisition  when  it  was  being 
boasted  that  no  jury  would  convict  for  arrears  of  quit- 
Muiford  and  ren^s>  was  also  answered  (317,  603  iii).  But  what  chiefly 
the  Indians,  aroused  the  wrath  of  the  Assembly  was  the  character 
of  Mulford' s  attack  upon  the  Government's  Indian 
policy.  Denouncing  the  cost  of  the  salaries  of  the  Com- 
missioners for  Indian  Affairs  and  of  the  presents  made  to 
the  Five  Nations,  he  declared  that  their  general  effect 
was  to  render  the  Colony  tributary  to  the  Indians.  The 
drift  of  his  speeches  and  that  of  the  Memorial  suggested 
that  an  attack  upon  the  Indians  might  be  contemplated, 
with  a  view  to  exterminating  them  and  seizing  their  lands. 
The  mischievous  effect  of  this  wicked  and  silly  suggestion 
was  denounced  by  the  Assembly,  which  expressed  its 
full  appreciation  of  the  services  rendered  to  the  Colony 
by  the  Five  Nations  (112  i.,  317  xi.).  Colonel  Schuyler 
also  protested  against  an  unjustifiable  use  of  his  name 
Conference  in  that  connection  (578  i.).  Hunter  held  a  conference 
Five  Nations,  with  the  Five  Nations  at  Albany  in  the  summers  of 

The  Palatines. 


xlii.  PBEFACB. 

Hunter's  comments  upon  Mulford  and  his  agitation 
show  considerable  irritation  and  impatience.  His  letters 
seem  to  indicate  that  he  had  grown  weary  and  outworn 
by  the  bitter  personal  attacks  of  such  men  as  Mulford  and 
Cox,  supported  by  "  some  great  men  at  home,"  and  he 
resented  the  perpetual  drudgery  of  having  to  reply  to 
their  false  accusations  and  repeated  complaints  (375  iv., 
553,  554,  600,  602).  Having  achieved  his  object  in 
settling  the  revenue  and  obtaining  peace  and  prosperity 
in  both  New  York  and  New  Jersey,  he  was  ready  to 
return  to  England  and  lay  down  his  office.  He  was 
suffering,  apparently,  from  gout ;  he  was  anxious  and 
distressed  at  the  failure  of  his  friends  to  secure  by  applica- 
tion to  Parliament  repayment  to  him  of  the  large  sum 
he  had  expended  on  behalf  of  the  Palatine  emigrants 
(236,  402,  600).  But  though  he  began  to  think  that  his 
friends  were  forgetting  him,  he  expresses  again  and  again 
in  the  warmest  terms  his  appreciation  of  the  friendship 
and  services  of  Mr.  Popple,  the  Secretary  of  the  Board 
of  Trade  (12,  112,  194,  236,  553,  675,  718  etc.).  He  had 
already  obtained  leave  of  absence,  and  at  one  time 
hoped  to  go  home  early  in  the  spring  of  1718.  But,  later, 
he  decided  to  defer  his  departure  till  the  following  spring, 
first  because  of  the  danger  of  pirates  on  the  coast,  and 
afterwards  because  he  felt  that  his  presence  was  needed 
to  induce  the  Assembly  to  amend  the  Acts  to  which 
exception  had  been  taken  (12,  194,  553,  602,  675,  724  i.). 
The  Palatines.  As  f  or  his  large  disbursements  on  account  of  the  German 
Protestant  Refugees,  the  Council  of  Trade  promised  him 
all  the  assistance  in  their  power  (235,  402).  But  they 
had  to  inform  him  that  it  had  not  been  possible  to  do 
anything  in  the  matter  during  the  recent  session  of 
Parliament.  They  asked  for  a  return  of  then*  numbers 
and  occupations,  and  where  they  were  settled,  and  also 
for  suggestions  for  employing  them  (402).  Hunter  re- 
plied, briefly,  mentioning  that  Conrad  Weiser  had  now 
gone  to  England  on  behalf  of  the  few  malcontents  who 
would  come  to  no  terms.  The  rest  were  comfortably  settled 
and  some  were  growing  rich.  They  might  be  usefully 
employed,  he  thought,  on  the  frontiers,  if  his  policy  of 
extension  were  adopted  (600,  650  i.) 


PREFACE. 


xliii. 


Lack  of  land 
and  the 
forward 
policy. 


Naturalization 
Act. 


Revenue 
Accounts. 


Act  for 
settlement 
of  lands. 


New  act 
suggested. 


Act  for 

shortening 

law-suits 

repealed. 


Nova  Scotia. 

Col.  Phillips 

appointed 

Governor. 


Repeating,  in  reply  to  an  enquiry  from  the  Council 
of  Trade,  his  statement  that  there  was  little  land  left 
for  granting  to  new  settlers,  Hunter  reminded  the  Board 
that  the  adoption  of  his  forward  policy  and  his  proposal 
to  erect  forts  about  the  Great  Lakes  would  solve  this 
difficulty  (650.  Of.  C.S.P.  1716-17,  pp.  xxvi.,  xxvii.). 

In  view  of  the  Attorney  General's  objections  to  the 
Naturalization  act  of  1715,  to  which  so  much  importance 
was  attached  in  New  York,  and  Hunter's  assurance  that 
the  Assembly  would  pass  an  amended  act,  the  Board  of 
Trade  applied  first  to  Sir  Edward  Northey,  and  then  to 
Mr.  West  for  a  draft  of  the  alterations  which  were 
deemed  necessary  for  the  Governor  to  lay  before  the 
Assembly  (294,  385,  401,  708.  Of.  C.S.P.  1716-17,  p. 
xxvi.). 

In  forwarding  accounts  of  the  Revenue,  Hunter 
mentions  that  the  Treasurer  refused  to  submit  them  for 
audit  to  the  deputy  of  the  Auditor  General  (who  was  a 
royal  official),  holding  himself  accountable  only  to  the 
Governor,  Council  and  Assembly  (650,  650  ii.). 

To  Hunter's  request  for  the  repeal  of  the  Act  of  1710 
for  the  better  settlement  of  lands,  the  Attorney  General 
objected  that  it  would  inflict  considerable  hardship  upon 
purchasers  under  that  act.  He  took  occasion  to  remark 
upon  the  inconveniency  arising  from  allowing  Plantation 
laws  to  remain  so  long  without  being  either  confirmed 
or  repealed  by  the  Crown  (436).  The  Council  of  Trade 
therefore  recommended  the  passing  of  a  new  act,  not 
liable  to  the  objections  which  had  been  taken  to  that  of 
1710,  but  at  the  same  time  safeguarding  the  titles  of 
those  who  had  purchased  on  its  security  (500).  A 
similar  recommendation  was  made  with  regard  to  the 
Act  for  shortening  law-suits,  following  upon  criticisms 
by  the  Attorney  General,  who  found  that  it  might  involve 
hardships  upon  litigants.  Experience  in  New  York 
proved  that  Sir  Edward's  criticisms  were  just,  and  the 
act,  on  Hunter's  suggestion,  was  therefore  offered  for 
repeal  (293,  402,  600,  709). 

Following  on  the  reports  concerning  the  settlement 
of  Nova  Scotia  (C.S.P.  1716-17,  pp.  xxxii.-xxxiv.),  Col. 
Richard  Phillips  received  his  Commission  as  Governor 


xliv. 


PREFACE. 


of  Nova  Scotia  and  Placentia  in  Aug.,  1717  (19,  20). 
In  a  memorial  upon  his  government  presented  by  him 
to  the  Secretary  of  State  (392  i.)  Phillips  urged  the 
necessity  of  a  present  to  the  Indians  in  order  to  wean 
them  from  the  influence  of  the  French  priests,  in  accord- 
His  ance  with  the  advice  of  the  Lt.  Governor,  Doucett,  who 

suggestions,  thought  that  the  Indians  would  be  more  swayed  by 
benefits  in  this  world  than  any  promises  for  the  next 
(371,  565,  789).  Phillips  also  urged  the  determination 
of  the  boundaries,  the  repair  of  the  fort  at  Annapolis 
Royal,  and  measures  for  encouraging  settlers.  He 
emphasised  the  value  of  the  country  and  the  fishery, 
which  ought  to  be  reserved  for  the  common  use  in  the 
case  of  any  grants  of  lands.  For  its  protection  and  for 
the  administration  of  his  two  governments,  he  required 
the  services  of  a  frigate  (392  i.).  This  would  also  be  of 
service  in  preventing  the  smuggling  trade  which  was 
being  carried  on  from  New  England,  Canada  and  Cape 
Breton,  and  which,  the  inhabitants  complained,  was 
delaying  the  settlement  of  the  country  (351,  351  ii.,  352). 
The  Council  of  Trade  reported  upon  these  proposals, 
that  the  present  to  the  Indians  might  be  made  if,  after 
his  arrival,  the  Governor  thought  it  advisable  ;  that  forts 
should  be  erected  as  recommended  by  the  Comptrollers 
of  the  accounts  of  the  Army  (C.S.P.  1716-17,  No.  615), 
and  also  a  fort  on  the  Gut  of  Canso,  for  which  purposes  an 
engineer  should  be  despatched  to  make  a  survey  of  the 
coast,  as  well  as  to  serve  as  a  Commissary  for  settling  the 
boundaries  ;  and  that  a  survey  of  the  woods  and  country 
should  be  made  with  a  view  to  the  production  of  Naval 
Stores.  They  approved  the  Governor's  other  proposals 
for  the  encouragement  of  settlers,  the  protection  of  the 
fishery  and  the  appointment  of  a  frigate,  and  recom- 
mended that  he  should  have  the  usual  powers  and 
Instructions  of  Governors  of  Plantations,  more  particu- 
larly as  to  the  disposal  of  lands  (550). 

Grant  for        Orders  were  given  for  a  grant  for  rebuilding  the  fort 

Annapolis,  at  Annapolis  (605,  645).  As  to  the  frigate,  the  Admiralty, 
on  being  consulted,  demurred  as  to  the  expense,  but 

AdrTiortty  undertook  to  provide  a  suitable  vessel.  They  recom- 
mended that  the  Surveyor  General  of  the  Woods  be 


PREFACE. 

instructed  to  survey  those  of   Nova  Scotia  (604,  619). 

Arrival  of        Lt.   Governor  Doucett,   arriving  in  Nova    Scotia  in 

Doucett'.     Oct.,  1717,  found  the  fort  almost  demolished,  and  the 

The  garrison,  garrison,    whose   plight   was   described   in  the  previous 

volume  (p.  xxxii.),  continually  in  mutiny  for  their  pay 

(185,   351,    352,   392  ii.).   He   assured   them   that   their 

grievances  would  shortly  be  redressed  (392  ii.). 

The  French       He  then  began  to  put  pressure  upon  the  French  in- 

inhabitants.     .      ,  .,  ,  ,        .  ~  *.s^^s\      i       i 

Refusal  to  habitants  who,  numbering  some  6  or  7000,  had  not 
yet  acknowledged  King  George.  He  called  upon  them 
to  sign  a  declaration  of  allegiance,  warning  them  that 
otherwise  they  would  not  be  allowed  the  privileges  of 
British  subjects  in  trading  and  fishing.  They  refused 
to  take  the  oath  required,  but  offered  to  swear  not  to 
take  up  arms  for  either  side  in  case  of  a  rupture  between 
France  and  England.  Their  excuse  was  that,  if  they 
took  the  oath  of  allegiance,  they  would  expose  themselves 
to  the  fury  of  the  Indians,  who  were  wholly  in  the  French 
interest,  and  from  whom  the  English  Government  could 
not  protect  them.  But  the  rough  way  in  which  the 
French  inhabitants  treated  the  Indians  without  suffering 
any  reprisals,  led  Doucett  to  discount  this  excuse.  The 
real  reason  for  their  refusal  he  found  in  the  influence  of 
their  priests,  who  were  circulating  rumours  that  the 
Pretender  had  landed  in  Scotland,  and,  having  been 
established  on  the  throne  of  Great  Britain  by  French 
troops,  had  returned  Nova  Scotia  to  France  in  acknow- 
ledgment of  their  aid.  However,  the  inducement  of  the 
fishery  caused  some  of  them  to  waver,  and  Doucett 
expected  that,  as  in  the  case  of  the  Indians,  "  if  advan- 
tages can  biass  them  more  than  their  priests,"  they 
would  yet  take  the  oath  of  allegiance  (185,  185  i.,  ii., 
351,  371,  371  i.-iv.,  392  i.,  550,  565).  In  sending  the 
form  of  the  oath  of  allegiance,  Doucett  had  invited  the 
co-operation  of  the  French  priest  at  Minis.  The  Jesuit 
replied  that  he  would  give  no  advice  to  the  people  one 
way  or  the  other  (351,  371,  371  i.-iv.,  565,  565  i.-iv.). 

On  receiving  the  reply  of  the  French  inhabitants, 
Doucett  reminded  them  that  they  could  choose  to 
remain  as  British  subjects  or  to  retire  from  the  Colony. 
But  if  they  refused  to  take  the  oath  of  allegiance,  he 


xlvi. 


PREFACE. 


would  be  obliged  to  forbid  them  to  trade  within  His 
Majesty's  territories  (565  i.).  He  also  wrote  to  the 
Governor  of  Canada  and  the  Lt.  Governor  of  Cape  Breton, 
in  order  to  find  out  what  the  French  were  prepared  to 
do  with  regard  to  the  inhabitants,  if  they  chose  to  retire 
thither.  For  once  already  most  of  them  had  been  to 
Cape  Breton  on  the  strength  of  French  promises,  and 
being  disappointed  at  what  they  had  found  there  had 
returned  to  Nova  Scotia,  but  still  as  French  subjects. 
He  also  complained  that  Frenchmen  from  Cape  Breton 
were  settling  at  Cape  Canso  and  encroaching  on  the 
fishery  there.  He  invited  M.  de  Brouillan  to  put  a  stop 
to  this,  and  M.  de  Vaudreuil  to  instruct  the  French 
missionaries  to  desist  from  hostile  propaganda  (351  i., 
FtoThheCisir  565>  565  iv.,  v.).  In  reply,  Brouillan  stated  that  the 
of  Canso  isies  of  Canso  were  situated  "  at  the  mouth  of  the  small 
st.  John,  entrance  of  the  Gulf  of  St.  Lawrence  "  and  that  "  this 
place  up  to  the  River  Ste.  Marie  "  was  assigned  to  the 
French  by  the  Treaty  of  Utrecht,  "  since  it  is  this  river 
which  constitutes  the  old  boundary  of  which  mention 
is  made  "  (635  i.).  Vaudreuil  claimed  the  River  St.  John 
for  France,  and  instructed  the  French  inhabitants  that 
they  might  withdraw  to  lands  there,  with  their  moveable 
effects.  Doucett's  comment  on  this  was  that,  unless  a  stop 
were  put  to  them,  the  French  would  claim  everything 
to  within  a  cannon  shot  of  the  Fort  at  Annapolis  Royal, 
and  he  sent  home  a  map  drawn  by  Capt.  Southack, 
showing  the  ancient  boundaries  of  Nova  Scotia  (789, 
789  i.-iv.).  Both  French  Governors  complained  that  the 
English  had  put  difficulties  in  the  way  of  the  French 
inhabitants  when  they  wished  to  withdraw  their  moveable 
goods  (635  i.,  .789  i.). 

The  Governor  of  Canada  wrote  two  letters  to  the 
French  inhabitants,  one,  which  could  be  shown  to  the 
English,  instructing  them  that,  if  they  preferred  not  to  take 
the  oath  of  allegiance  to  King  George,  they  might  retire 
to  the  River  St.  John,  and  take  their  moveable  effects 
with  them  (789  iii.),  although  by  the  Treaty  they  were 
only  entitled  to  do  so  within  a  year  (789  iii.).  In  the  other, 
which  was  not  intended  to  be  seen  by  the  English,  he 
stated  that  he  was  instructing  a  Jesuit  missionary  to 


Capt. 

Southack's 
map. 


Vaudreuil's 
double- 
dealing. 


PREFACE.  xlvii. 

allot  them  lands,  and  advised  them  in  any  case  not  to 
take  the  oath  of  allegiance,  as  they  would  not  be  allowed 
the  free  exercise  of  their  religion  (789  iv.). 

In  the  meantime  the  Governor  of  New  England  had 
snto  taken  action.  He  sent  H.M.S.  Squirrel  from  Boston  to 
Cape  Breton  with  a  letter  requesting  M.  de  Brouillan 
to  give  orders  to  the  French  to  pull  down  their  huts 
near  the  Gut  of  Canso  and  not  to  fish  any  more  on  that 
shore.  Thence  the  Squirrel  sailed  to  Canso,  seized  two 
French  fishing  ships  there,  and  carried  them  off  to 
Boston  (575,  782  i.,  ii.). 
LNovlbsecotian  Petitions  for  grants  of  lands  lying  between  Nova 

and  Maine.  Scotia  and  Maine  continued  to  be  the  subject  of  con- 
troversy. Capt.  Coram  and  his  partners  in  the  scheme 
for  erecting  a  new  Province  there,  to  be  settled  by  dis- 
banded soldiers,  maintained  that  the  right  to  these  lands 
was  re-invested  in  the  Crown  by  virtue  of  re-conquest 
from  the  French.  Coram  denied  that  the  Marquis  of 
Hamilton's  grant  included  any  of  this  tract,  and  as  for 
Sir  Bibby  Lake's  purchase  from  the  Indians,  it  was  of 
no  value,  for  any  Indian  when  drunk  would,  for  a  bottle 
of  liquor,  sign  any  paper,  but  such  conveyances  would  be 
repudiated  by  the  other  Indians  and  had  led  to  the 
murder  of  the  settlers  (268,  396,  397).  The  claims  of 
the  Massachusetts  Bay  were,  according  to  them,  equally 
invalid  (497).  But  the  Solicitor  General  took  a  different 

Offer  of  the  view.  He  upheld  the  claims  both  of  Hamilton  and  Lake 
^™6  bs  and  of  the  Massachusetts  Bay  (261,  308,  383,  498,  511). 
On  behalf  of  that  Government,  an  offer  was  made  that 
the  soil  and  government  of  the  territory  between  the 
Kennebec  and  Penobscot  rivers  should  be  recognised  as 
belonging  to  Massachusetts,  whilst  that  between  the 
Penobscot  and  St.  Croix  rivers  should  be  at  the  disposal 
of  the  Crown  (458  i.).  The  latter  tract  the  Council  of 
Trade  was  inclined  to  think  would  prove  suitable  for 
the  settlement  of  the  disbanded  soldiers.  But  they 
hesitated  to  enter  into  any  new  "  contracts  with  the 
Massachusetts  Company,"  for  the  reasons  quoted  above 
(§  1),  (543). 

c,  Gfai^  *°         Sir  Alexander  Cairnes,  Joshua  Gee  and  other  mer- 

Sir  A.  Cairnes 

etc.         chants  petitioned  for  a  grant  of  lands,  with  a  view  to 

recommended. 


xlviii.  PREFACE. 

settlement,  near  Chedabucto  (3  i.,  11,  86).  The  Council 
of  Trade  recommended  the  granting  of  their  petition 
as  being  for  the  benefit  of  the  Colony  and  the  trade  of 
Great  Britain  (105).  But  they  suggested  that  in  any 
such  grant  the  right  of  fishing  off  the  coast  and  of  curing 
fish  ashore  should  be  reserved  for  all  British  subjects 
(23,  106,  392  i.,  550,  432,  790). 
PemActIama'  A  memorial  was  presented  by  the  Proprietor  of  Pennsyl- 

estabiishing   vania  and  his  friends,  praying  for  the  confirmation  of 

f'  acts  passed  in   1713  and   1715.    Several  of  these  were 

concerned  with  the  regulation  of  the  judiciary  and  were 

defended  in  the  memorial,  as  well  as  two  acts  permitting 

Affimation   the  Affirmation  by  Quakers  (508,  586,  781).    Objection 

was  ta^en  to  tne  l^ter  on  the  ground  that  they 
practically  repeated  the  provisions  of  former  acts  which 
had  been  annulled,  and  allowed  persons  not  upon  oath 
to  take  part  in  .criminal  proceedings.  Attention  was 
also  drawn  to  the  delay  in  submitting  them  for  confirma- 
tion (506).  The  Council  of  Trade,  indeed,  complained 
to  Joshua  Gee  that  they  had  received  no  laws  from 
Joshua  Gee.  Pennsylvania  since  those  of  1711  (772,  784).  Mr.  Gee, 
as  one  of  the  mortgagees,  answered  some  of  these 
objections  (586).  It  was  he  who  had  urged  the  encourage- 


in  ment  of  the  production  of  iron  ore  in  the  Plantations, 
l'  of  which  Lt.  Governor  Keith  reported  "  great  plenty  in 
many  places  "  in  Pennsylvania  (101).  It  was  the  con- 
LKeithV  troversy  over  the  Affirmation  Acts  which  had  brought  to 
a  head  the  hostility  between  Lt.  Governor  Goodwin  and 
the  Assembly,  and  had  resulted  in  the  appointment  of 
Keith  by  the  Proprietors.  He  had  been  recommended  by 
Logan  and  other  members  of  the  Council  of  Pennsylvania. 
As  Surveyor  General  of  Customs  in  America  he  had 
acquired  an  ultimate  knowledge  of  colonial  affairs  (227). 
A  Scotsman,  who  was  the  friend  of  Lt.  Governor 
Spotswood  and  a  protege  of  the  Duke  of  Argyll,  he 
had  impressed  Mrs.  Penn  by  his  "  prudent  conduct  and 
obliging  behaviour  "  (Penn  Papers).  On  arriving  in 
the  province  in  May,  1717,  he  quickly  justified  Mrs. 
Penn's  estimate  of  him  as  "  an  understanding  man  and 
a  man  of  temper."  His  ability  and  his  affable  manners 
soon  won  over  the  Assembly,  who  granted  him  £500  a 


PREFACE. 


Welt  Jerah   anc* 
proposed, 


Counties. 


year  (101  ii.,  552).  Keith  echoed  the  suggestion  which 
had  come  from  the  Quakers  of  New  Jersey  (C.S.P. 
1716-17,  p.  xxix.),  that,  if  Pennsylvania  were  resumed 
by  the  Crown,  West  Jersey  should  be  united  with  it 
Three  Lower  Counties  under  one  Government, 
supporting  his  suggestion  by  a  reference  to  the  "  con- 
tinual jarrings  between  the  people  of  West  Jersey  and 
New  York"  (101).  Upon  the  petition  of  the  Earl  of 
Sutherland  for  a  grant  of  the  Three  Lower  Counties, 
an(j  penn»s  ciaim  to  them,  the  Law  Officers  of  the  Crown 
made  a  long  and  careful  report.  Penn's  claim  appeared 
to  hang  upon  the  question  whether  the  Duke  of  York 
had  any  title  to  the  Three  Lower  Counties  in  1682, 
when  he  transferred  his  rights  to  Mr.  Penn,  and  whether 
the  grant  of  the  Duke  of  York  in  1683  ever  passed  the 
Great  Seal.  Sutherland  had  undertaken  to  make  out 
the  title  of  the  Crown.  The  point,  it  was  suggested, 
should  be  determined  by  the  Court  of  Chancery.  But 
if  Penn's  claim  under  the  grant  of  1682  were  established, 
then  he  was  liable  for  a  moiety  of  the  rents  and  profits 
under  it  (177  i.). 

Taxation  of       In  reporting  upon  trade  carried  on  with  the  French 

°proposedPbyts  and  Spanish  colonies,   Keith  suggested  that  a  higher 

Keith.       duty  should  be  imposed  upon  the  produce  of  foreign 

Plantations  than  upon  our  own,  "  which  would  oblige 

our  Adventurers  not  to  return  anything  but  bullion  from 

their  trade  with  foreigners  unless  at  the  cost  of  a  revenue 

to  the  Crown  "  (227  ;    v.  §  1). 

Indians.         The  conference  of  Governors  at  Philadelphia  proposed 

Conference  at  .  •       * 

Philadelphia,  by  Lt.  Governor  Spotswood,  with  a  view  to  making  a 

general  treaty  with  the  Indians,  came  to  little.     The 

Five  Nations  would  only  treat  at  Albany,  through  the 

Government  of  New  York  (59,  406,  568  ii.,  578  i.,  675)  ; 

the  Pennsylvanians  refused  to  allow  any  negotiations 

with   the   Indians   of   the   Susquehanna   Valley   except 

through  their  own  Government  (101  i.).   Their  Act  for 

ewuinwing    Con^nu^n9  a  friendly  correspondence  with  the    Indians, 

friendly      like  the  Act  which  Spotswood  had  carried  in  Virginia, 

ce'aimed  at  regulating  traders  with  them  and  preventing 

those  impositions  which  had  had  such  dire  results  in 

Carolina  and  elsewhere.   The  Pennsylvanians  were  able 


1. 


PREFACE. 


Connecticut 
and  Rhode  I. 


Virginia. 

A.ct.s. 
prohibiting 

assembly  of 
Quakers, 


and  concerning 
foreign  debts. 


Lt.  Gov. 

Spotswood 

and  the 

Council. 

Their  claim 

to  be  sole 

Judges. 


to  boast  that  hitherto,  thanks  to  their  honest  dealings 
with  the  Indians,  not  a  single  one  of  their  settlers  had 
lost  his  life  at  their  hands  (781). 

The  Collector  of  Customs  at  Rhode  Island  drew  atten- 
tion to  the  passing  of  several  laws  contrary  to  the  Acts 
of  Trade  and  to  the  detriment  of  the  royal  officers  and 
the  inhabitants  of  the  neighbouring  Colonies.  Rhode 
Island  and  Connecticut,  he  suggested,  ought  to  be 
obliged  to  submit  their  acts  for  confirmation  by  the 
Crown  (759).  The  refusal  of  Rhode  Island  to  submit 
their  Militia  to  the  command  of  the  Governor  of  New 
England  in  times  of  emergency  is  mentioned  above 
(700,  p.  xxxvi.). 

The  revision  of  the  laws,  preparatory  to  printing,  led 
in  the  case  of  Virginia,  to  exception  being  taken  to  acts 
of  long-standing.  One  was  that  of  1663  prohibiting  the 
unlawful  assembly  of  Quakers,  which,  if  put  in  execution, 
would  have  rendered  it  impossible  for  any  Friend  to 
abide  in  Virginia  (174,  263,  281,  343,  380).  The  other, 
concerning  foreign  debts,  protected  debtors  who  had  fled 
to  Virginia  from  Great  Britain,  which,  as  the  Attorney 
General  sardonically  remarked,  would  be  a  great  con- 
venience for  the  inhabitants  of  that  Colony,  but  a  great 
means  to  defraud  English  creditors.  Both  acts,  there- 
fore, were  repealed  (174,  263,  281,  343,  380). 

Spotswood  continued  his  duel  with  the  Council  (v. 
C.S.P.  1716-17,  p.  xxix.).  His  reply  to  their  claim  to 
be  sole  Judges  in  the  Court  of  Oyer  and  Terminer  was 
trenchant  and  convincing  (59,  456).  Supported  by  the 
views  of  the  Council  of  Trade  and  legal  opinion,  he  exer- 
cised his  right  to  appoint  Judges  to  that  Court.  Some 
of  the  Councillors  thereupon  refused  to  sit  (59).  At  that 
time  the  Council  of  Trade  was  repeating  its  view  (63). 
It  was  confirmed  by  the  opinion  of  the  Attorney  General, 
that  the  power  of  constituting  Courts  in  Virginia  remained 
in  the  Crown,  and  that  therefore  by  his  Commission  the 
Governor  was  properly  empowered  to  appoint  Judges 
thereto.  He  agreed,  however,  that  this  power  might  be 
abused  by  a  bad  Governor,  and  suggested  that  "  for 
the  preventing  of  inconveniences  and  quieting  the  minds 
of  H.M.  subjects  there,"  Instructions  might  be  given  for 


PEEFAOE.  li. 

restricting  it  (275).  The  Council  of  Trade  accordingly 
recommended  Spotswood  to  make  a  discreet  use  of  that 
power,  "  which  should  be  exerted  on  extraordinary 
occasions  only"  (334). 

In  the  meantime  the  "  secret  remonstrance,  ... 
through  private  agents,"  which  Spotswood  had  foreseen 
(59),  had  been  made  by  Mr.  Byrd  to  the  Council  of 
Trade.  But  recognising  that,  after  the  verdict  of  the 
Attorney  General,  it  was  useless  to  challenge  the  right 
of  the  Crown,  he  changed  his  position  to  a  petition  for 
an  Instruction  appointing  the  Judges  of  the  General 
Court  to  be  the  Justices  of  the  Courts  of  Oyer  and 
Terminer,  except  in  extraordinary  cases  (342,  342  i., 
398).  To  this  the  Council  of  Trade  replied,  that  no 
complaint  had  yet  been  made  that  the  Governor  had 
abused  the  power  placed  in  his  hands  in  the  way  it  was 
suggested  he  might  do.  He  had  always  chosen  a  majority 
of  the  Judges  from  the  Councillors,  and  by  no  means 
excluded  them,  as  the  petitioner  seemed  to  suggest. 
The  application,  too,  came  not  from  persons  aggrieved 
by  an  abuse  of  the  Governor's  power,  but  from  those 
who  wished  to  engross  the  power  of  being  sole  Judges 
in  criminal  causes,  to  the  diminution  of  the  royal  pre- 
rogative. For  these  reasons,  and  because  there  might 
be  grave  inconveniences  if  Councillors  were  to  be  the  only 
judges,  whilst  the  Governor  would  always  be  answerable 
for  any  abuse  of  his  power,  they  saw  no  reason  for 
altering  the  present  position  (410).  Their  appreciation 
of  the  situation  was  borne  out  by  letters  subsequently 
received  from  the  Lt.  Governor,  in  which  he  asserted 
that  one  of  the  objects  of  the  Councillors  was  to  secure 
to  themselves  the  £100  allowed  out  of  the  revenue  for  the 
Judges  for  each  Court,  and  another  to  encroach  upon  the 
prerogative  of  the  Crown,  and  to  make  the  Governor 
and  the  people  subservient  to  the  will  of  their  clique 
(422,  456,  568,  588,  799,  800). 
Reform  in  Spotswood  devotes  a  good  deal  of  space  to  explaining 

methods  of     ,  .     f     .  .  __      r, 

aiecting  and  his  ret orms  in  the  methods  of  collecting  and  auditing 

evened  the  revenue  and  quit-rents  (59  i.,  iii.,  422,  422  i.  etc.). 

quit  rents.    To  these  reforms,   approved  by  the  Council  of  Trade 

(334),  he  attributes  the  fierce  hostility  of  the  Ludwells, 


Hi.  PREFACE. 

Byrds,  and  Blairs,  who  formed  the  family  party  opposed 
to  him  in  the  Council  (568,  800).  As  to  their  address 
concerning  the  quit-rents,  he  explains  that  it  was  part 
of  a  scheme  to  obtain  a  salary  of  £100  a  year  out  of  the 
revenue  for  each  Councillor  (456).  He  answers  their 
charges  against  himself  with  great  vigour,  analysing  the 
characters  and  motives  of  his  opponents  with  a  vocabu- 
lary fortified  by  reminiscences  of  Dry  den's  Absalom  and 
Achitophel  (456,  568,  588,  799,  800).  The  substitution 
of  more  peaceable  and  loyal  Councillors  for  some  of 
this  "  Juncto  of  Relations  "  would  solve  the  difficulty 
here,  as  successfully  as  in  New  Jersey  (568,  588,  699, 
799). 

^e  summonmg  °f  a  new  Assembly  was  necessary  for 
dealing  with  the  situation  created  by  the  repeal  of  the 
Act  for  regulating  the  Indian  Trade.  The  ill  effects  of 
that  repeal  Spotswood  was  not  slow  to  point  out  (699). 
The  election  was  fought  by  "  the  patent  family  "  mainly 
on  the  Indian  Trade  Act  and  the  dispute  over  the  appoint- 
ing of  Judges.  Another  plank  in  their  platform  was 
the  removal  of  Lord  Orkney,  the  absentee  Governor. 
They  obtained  a  majority  in  the  Assembly,  composed, 
as  Spotswood  says,  of  "  many  of  their  relations  and  others 
of  weak  understandings."  This  "  cabal  of  malcontents 
among  the  Burgesses "  proceeded  to  carry  out  the 
policy  of  the  family  party,  "  with  a  score  of  base  dis- 
loyalists and  ungrateful  Creolians  for  their  adherents." 
If  successful  in  their  attacks  upon  the  Governor  and  the 
royal  prerogative,  Spotswood  declared  that  they  would 
in  future  rule  the  Province  (568,  568  i.,  588,  799,  800). 

An  attempt  at  effecting  a  reconciliation  between  the 
Lt.  Governor  and  opponents  so  determined  failed  for 
the  time  being  (588  i.,  ii.).  The  Assembly's  first  step 
was  to  address  the  King  in  support  of  the  Councillors' 
claim  to  be  sole  judges.  They  asked,  too,  that  the  recent 
Instruction  relating  to  acts  affecting  British  trade  and 
shipping  might  be  revoked.  They  appointed  Mr.  Byrd 
their  agent  for  presenting  their  Address  (568,  568  iv.,  v., 
588,  799,  800).  At  the  same  time  they  prepared  a  bill 
which  would  have  enabled  them  to  appoint  or  change 
their  agent,  and  pay  him  as  they  thought  fit  by  a  mere 


PREFACE.  liii. 

resolution  of  their  House.  This  bill  was  rejected  in 
Council,  Spotswood  pointing  out  that  it  enabled  the 
Burgesses  to  "  nominate  one  another  and  give  what 
sums  they  thought  fitt  for  no  service  at  all."  Another 
bill  placing  £4000  at  the  disposal  of  Archibald  Blair, 
a  brother  of  the  Commissary  and  partner  of  Col.  Ludwell, 
was  passed  in  Council,  where  there  was  "  a  great  majority 
of  the  relations  of  those  gentlemen."  It  was  vetoed  by 
Spotswood,  who  gave  his  reasons  (568).  The  next  move 
of  the  party  "  who  always  have  their  eyes  very  quick 
to  watch  all  advantages  for  lessening  the  power  of  the 
Crown,"  was  to  endeavour  to  take  away  from  the 
Secretary's  Office  the  right  of  appointing  County  Court 
Clerks  ;  and  to  pass  a  bill  intended  to  torpedo  the 
establishment  of  posts  between  Williamsburgh  and 
Philadelphia  for  the  interesting  reason  referred  to  in  §  1  ; 
and  to  reject  a  bill  because  it  retained  the  King's  right 
to  alter  the  day  for  holding  Courts.  The  opportunity  of 
attacking  the  Lt.  Governor  through  the  Indian  Company 
was  obvious.  The  Assembly  refused  to  compensate  the 
Company,  as  had  been  recommended  on  the  repeal  of 
the  Act  regulating  the  Indian  trade,  for  expenses  which 
they  had  been  expressly  enjoined  by  that  Act  to  incur 
in  building  the  Indian  school,  repairing  the  fort  and 
maintaining  the  fort  at  Christanna.  Spotswood's  com- 
ment on  all  this,  and  upon  their  reversal  of  the  whole 
of  his  Indian  policy,  and  refusal  to  allow  him  the  expenses 
of  his  journeys,  is  sufficiently  pointed  (406,  568,  588  ii.). 
But,  having  overstepped  the  mark  before  in  his  Speech 
to  the  Assembly,  he  refused  to  be  provoked  into  showing 
resentment  to  them  now.  In  answer  to  all  their  attacks 
he  could  point  to  the  prosperity  of  the  country,  a  full 
Treasury,  moderate  taxation,  peace  on  the  frontiers  and 
trade  flourishing.  Moreover,  the  country  so  far  from 
being  willing  to  submit  grievances  against  him,  showed 
signs  of  rallying  to  his  support  (568  i,  657  v.,  vi.,  799, 
800,  800  vi.).  Meanwhile  the  Councillors  and  their  party 
among  the  Burgesses  refused  to  attend  the  Lt.  Governor's 
entertainment  on  the  King's  Birthday,  and  provided 
one  of  their  own  in  the  Burgesses'  House  and  a  bonfire 
for  the  mob  (568  i.,  588). 

Wt.  441.  C.P.  e. 


liv. 


PREFACE. 


Assembly 
prorogued. 


Address 

against 

Spotswood. 


Spotswood's 
explorations 

and  the 
Westward 
Movement. 


Spotswood 
and  the 
Indian 

Conference. 


When,  after  the  Council  had  declared  against  renewing 
the  treaty  with  the  Five  Nations,  Spotswood  proposed 
to  prorogue  by  proclamation  the  already  adjourned 
Assembly,  the  Council  protested  that  a  meeting  was 
necessary  before  prorogation  (657).  The  Councillors  then 
entered  upon  "a  new  dispute,  challenging  the  right  of 
the  Crown  to  the  patronage  and  collation  of  ecclesiasti- 
cal benefices  (657).  On  both  these  points  the  opinion 
of  the  Law  Officers  of  the  Crown  was  invited,  at 
Spotswood's  request  (657,  731). 

When  the  Assembly  re-assembled  in  the  autumn,  they 
first  passed  a  bill  re-enacting  the  law  declaring  who  should 
hold  office  etc.,  which  had  already  been  repealed,  and 
then  fell  to  attacking  the  Lt.  Governor.  A  Committee 
enquired  into  the  state  of  the  furniture  of  the  Capitol, 
and  an  Address  and  charges  against  Spotswood  were 
passed  in  an  empty  House.  To  some  of  these  he  answers 
in  advance  (800,  800  i.-vi.). 

Spotswood  makes  several  interesting  references  to  his 
exploration  of  the  Blue  Ridge  and  his  discovery  of  the 
passage  over  the  mountains,  through  which  he  hoped 
to  open  up  trade  with  the  Western  Indians  and  to  check 
the  development  of  the  French  settlements  (v.  §1).  To 
this  end  he  urged  the  occupation  of  the  passes  and 
settlements  on  the  Lakes,  notably  upon  Lake  Erie. 
He  proposed  that  he  should  be  instructed  to  undertake 
the  execution  of  this  plan,  to  be  financed  out  of  the  quit- 
rents  (657,  800).  He  recommended  cultivating  the  friend- 
ship of  the  Cherokee  Indians,  as  his  Virginian  Indian 
Company  had  done,  and  announced  that  he  had  set 
German  miners  to  work  on  the  iron  ore  found  at  the  head 
of  Rappahannock  River.  Gold,  too,  he  hoped  for  in 
the  mountains,  which  might  deprive  the  Spaniards  of 
the  boast  that  the  Treasures  of  the  Universe  were 
committed  solely  to  them  (800). 

An  attack  upon  the  Cuttaba  Indians,  who  had  just 
made  peace  with  the  English,  by  a  party  of  Senecas  and 
Tuscaroras,  prompted  Spotswood  to  send  to  New  York 
for  the  release  of  the  prisoners  taken,  and  to  suggest  to 
Governor  Hunter  that,  by  way  of  atonement,  the  Five 
Nations  should  send  delegates  to  Virginia  to  renew  the 


PREFACE.  lv. 

peace  made  with  that  government  in  1685.  He  also 
issued  a  Proclamation  prohibiting  trade  with  the 
Tuscaroras  except  under  license,  there  being  reason  to 
suspect  that  they  had  been  led  to  attack  the  Cuttabas 
through  information  conveyed  by  some  unlicensed 
traders.  The  Five  Nations  refusing  to  treat  except  at 
Albany,  Spotswood  proposed  a  Conference  at  Phila- 
delphia where,  with  the  Governors  of  New  York, 
Maryland  and  Pennsylvania,  measures  might  be  taken 
for  bringing  the  Indians  into  a  general  treaty,  in  relation 
to  all  the  governments.  But,  as  we  have  seen,  the 
Pennsylvanians  preferred  their  own  methods  with  their 
neighbouring  Indians,  contrasting,  not  unnaturally,  the 
results  obtained  by  the  Southern  Colonies.  The  New 
York  Commissioners  for  Indian  Affairs  were  evidently 
anxious  that  the  Five  Nations  should  not  be  hectored 
and  upset  by  the  Virginian  Government,  which  for  25 
years  had  contributed  nothing  to  the  expense  of  presents 
to  them  ;  and  the  Council  of  Virginia  finally  declared 
against  renewing  the  treaty  with  them.  Thus  Colonial 
separatism  once  more  gained  the  day,  to  the  disapppint- 
ment  of  such  as  wished  to  see  all  the  Colonies  placed 
under  one  system  of  government  with  a  general  scheme 
of  defence  against  the  French  (59,  59  iv.  (a),  85,  101  i., 
406,  578  i.,  657). 


cMntao&t  ^n  connecti°n  with  *ne  Cuttabas,  Spotswood  mentions 
that  they  were  suddenly  and  rapidly  dying  out,  owing 
to  the  barrenness  of  their  women.  He  sees  in  this  a 
dispensation  of  Providence,  designed  to  "  make  room  for 
our  growing  settlements."  It  would  be  interesting  to 
know  whether  this  sterility  was  due  to  decadence  or 
disease,  or  to  race  suicide  (800). 

Virginia  and       The  important  share  taken  by  Virginia  in  the  suppres- 
sion of  pirates  is  mentioned  in  §  1.    Cf.  657,  657  hi.,  800. 

Governor's        Spotswood  observes  that,  having  no  commands  for 

o^e^To*  th?  Beeping  his  Instructions  secret,  he  left  them  open  to  the 

Council,      inspection  of  the  Council  (p.  221). 
Grants  of  land  :     A   list   of   grants   of   lands   includes   one   to  "John 

Washington.  jr  „    (65?  iy  ) 


Ivi. 


PREFACE. 


§  III. 

THE  WEST  INDIES. 

The  Bahama      At  the  beginning  of  this  period  Messrs.  Samuel  Buck 
surrendered  by  and  Company  submitted  an  estimate  for  transporting 
ard°ieasedrto  50°  refugees  from  the  Palatinate  to  the  Bahama  Islands, 
capt.  Rogers  1QQ  of  whom  shortly  afterwards  went  as  indentured 
any' servants  to  Pennsylvania  (76).    The  Lords  Proprietors 
executed  a  deed  of  surrender  to  the  Crown  of  the  Govern- 
ment of  those  Islands.   At  the  same  time  they  leased 
their  remaining  rights  to  the  soil  etc.  to  Capt.  Woodes 
Rogers   and    his    partners   (166,    176,    183,    184,   420). 
Capt.  Rogers,  Rogers  was  appointed  Governor  by  the  Crown,  with  a 

Governor.  /-*        ,     .  f  /-*  *    -r,  -i 

commission  as  Captain  of  a  Company  of  Foot,  and  a 
naval  force  to  dislodge  the  pirates  there  (64,  167,  220, 
220  i.,  ii.,  305,  471).  As  two  of  the  Proprietors  were 
minors  and  had  therefore  not  signed  the  deed  of  surrender, 
there  was  some  doubt  as  to  its  validity  (220,  221,  250). 
But  the  Council  of  Trade  represented  that,  in  any  case, 
by  their  long  neglect  to  defend  the  islands,  the  Proprietors 
had  forfeited  their  right  to  the  Government  (225). 
Capt.  Jacob,  H.M.S.  Diamond,  was  ordered  to  proceed 
to  Jamaica  and  thence  to  do  his  utmost "  in  the  rooting 
out  of  those  nests  of  robbers  from  "  Providence  Island, 
with  power  to  call  to  his  aid  the  ships  stationed  at 
Barbados  and  the  Leeward  Islands  (Admiralty  2/49, 
p.  267-9,  and  8/14).  The  pirates  were  dislodged,  as 
recorded  in  §  1,  by  the  men  of  war  and  Rogers,  who 
arrived  in  Delicia  at  the  end  of  July,  1718  (737). 

Rogers  then  set  to  work  to  repair  the  fortifications, 
and  was  in  good  hopes  that  with  settlers  he  had  invited 
from  Anguilla,  Carolina  and  Bermuda  the  colony  would 
soon  begin  to  prosper.  He  appointed  Councillors,  Justices 
and  Officers,  and  recommended  the  institution  of  an 
Assembly  (737).  But  he  soon  found  that  his  task  was 
to  be  no  easy  one.  His  letters  vividly  describe  his  diffi- 
culties. Sickness  decimated  the  newcomers ;  the  old 
inhabitants  had  been  rendered  lazy  and  incompetent 
by  their  piratical  ways  ;  they  remained  in  sympathy 
with  the  pirates  who  threatened  to  return  (v.  §  1) ;  and 
soon  an  attack  by  the  Spaniards  seemed  imminent, 


Pirates 
dislodged. 


Rogers' 
difficulties. 


PREFACE. 


Ivii. 


Barbados. 


Act 
empowering 

licentiate 
lawyers  etc. 


Act  for 

payment  of 
bills. 


Act  laying 

duty  on 
foreign  sugars, 


Grants  and 
Finances. 


Lists  of 
causes. 

Presents  to 

Governor 

disapproved. 


At  one  moment  the  position  appeared  so  perilous,  that 
he  appealed  for  succour  to  the  Governors  of  Jamaica 
and  New  York.  But  the  old  sea-dog  faced  his  troubles 
bravely,  and  still  hoped  for  the  best  "  amongst  a  very 
odd  sort  of  people  wth.  so  small  a  beginning  "  (737, 
807). 

Governor  Lowther,  replying  to  some  strictures  by 
the  Council  of  Trade  upon  several  acts  passed  in  Bar- 
bados, defended  in  particular  one  empowering  licentiate 
lawyers  to  act  as  barristers.  It  was,  however,  strongly 
opposed  as  likely  to  promote  ignorance  of  British  law 
and  thereby  to  weaken  the  connection  with  the  Mother 
Country.  Mr.  West  also  observed  that  it  gave  the 
Governor  the  power  of  enabling  his  footman  to  practice 
at  the  bar  (210,  259,  517,  535,  561,  572,  742). 

In  reporting  upon  an  additional  act  to  the  act  for 
the  payment  of  bills,  the  Attorney  General  commented 
on  "  a  pretty  extraordinary  punishment "  imposed  by 
it.  Persons  bidding  for  lands  for  which  they  were  then 
incapable  of  paying  were  to  expiate  that  offence  by 
imprisonment  for  a  year,  being  set  in  the  pillory,  and 
having  their  ears  cut  off  (216,  273). 

An  Act  laying  a  duty  on  foreign  sugars  imported, 
intended  to  protect  the  planter  from  the  competition 
of  French  and  Dutch  Colonies  which  had  "  the  advantage 
of  a  newer  soil,"  was  confirmed  (103,  103  i.,  148,  160, 
547,  611). 

Governor  Lowther  made  returns  upon  grants  of  lands 
and  the  state  of  the  finances,  anticipating  that  the  new 
poll-tax  upon  negroes  would  enable  the  country  to  pay 
all  the  public  debts  by  the  following  spring  (534,  742, 
742  xiii.,  xiv.).  Lists  of  causes  determined  and  depending 
in  the  Courts  were  also  sent  in  (742  ii.,  iii.). 

The  Council  of  Trade  expressed  satisfaction  at  the 
good  understanding  established  by  the  Governor  with 
the  Council  and  Assembly,  to  which  the  large  presents 
voted  to  him  by  the  Assembly  were  convincing  proofs. 
But  they  added  that  they  were  proofs  of  a  kind  directly 
contrary  to  his  Instructions,  which  they  admonished  him 
to  observe  (471). 


Iviii. 


PREFACE. 


The 

Ecclesiastical 
Court  and 
the  Clergy. 


A  duel. 


Bermuda 

Pirates. 

Acts. 


Jamaica. 


Lord  A. 
Hamilton. 


Cockburne's 
appeal. 


The  complaint  against  the  Clergy  appointed  or  recom- 
mended by  the  Bishop  of  London  and  the  attempt  of 
Mr.  Gordon,  his  Commissary,  to  set  up  an  ecclesiastical 
Court  was  answered  by  the  Bishop.  He  observed  that 
he  had  not  from  any  other  Colony  "  so  melancholy  an 
account  of  the  state  of  religion  "  (68  i.,  88).  The  Council 
of  Trade  examined  the  Bishop's  Commission  to  Mr. 
Gordon  and  recommended  that  the  latter  should  be 
removed  and  consideration  given  to  the  character  of 
the  clergy  in  Barbados  (159).  Gordon  entered  in  his 
defence  the  not  very  convincing  testimony  of  a  sermon  of 
his  own  (733.  Cf.  C.S.P.  1716-17,  p.  xliii.). 

There  is  the  echo  of  a  duel  in  a  petition  for  pardon 
(2  i.,  490).  And  see  §  1  Pirates. 

Threatened  by  an  onslaught  of  pirates,  the  Lt. 
Governor  of  Bermuda  petitioned  for  naval  and  military 
reinforcements  (551).  The  Council  of  Trade  communi- 
cated to  the  Lt.  Governor  some  criticisms  of  acts  passed 
during  the  last  few  years  (720,  720  ii.). 

The  documents  relating  to  Jamaica  are  for  the  most 
part  concerned  with  the  aftermath  of  the  crisis  which 
resulted  in  the  recall  and  arrest  of  Lord  Archibald 
Hamilton.  The  situation  was  fully  analysed  in  the 
Preface  to  the  previous  volume  (pp.  xliv.-lv.).  Having 
succeeded  in  getting  rid  of  their  Governor,  and  secured 
the  appointment  of  a  Lt.  Governor  who  was  ready  to 
do  their  bidding,  his  enemies  declined  to  prosecute 
their  charges  against  Lord  Archibald,  in  spite  of  his 
repeated  demands  for  a  hearing  before  the  Privy  Council. 
At  length  he  submitted  a  Memorial  complaining  of  the 
treatment  he  had  received,  and  asking  that  the  new 
Councillors  and  the  Deputy  Secretary,  Dr.  Page,  should 
be  dismissed  (109,  109  i.-vi.).  The  Council  of  Trade, 
after  many  interviews  at  the  Board,  supported  his 
contentions,  and  recommended  the  removal  of  Dr.  Page. 
He  was  finally  dismissed  from  all  offices,  though  William 
Congreve,  the  dramatist,  who  held  the  place  of  Secretary, 
succeeded  in  making  his  peace  with  the  Secretary  of 
State,  and  was  confirmed  in  his  office  (130,  169,  331, 
332,  365,  509).  But  it  was  recommended  that  William 
Cockburne,  who  had  been  appointed  to  succeed  Page  as 


PREFACE. 


lix. 


The  case 

of  the 

Kensington 

sloop. 


Case  of  the 

ISaimable 

Marie. 


Pirates  and 

Naval 
protection. 


Trading 
by  Navy. 


Deputy  Secretary  by  Lord  A.  Hamilton,  and  had  been 
ordered  by  Lt.  Governor  Heywood  to  refund  all  the 
profits  of  that  office,  should  be  allowed  to  appeal  to  the 
Privy  Council,  although  the  amount  involved  was  less 
than  the  £500  sterl.,  the  limit  for  which  Governors  were 
allowed  to  permit  appeals  (218,  218  L,  232,  266,  320  i., 
366).  Another  injustice  inflicted  on  a  Patent  Officer, 
the  Receiver  General,  was  ordered  to  be  remedied,  with 
interest  (89,  367). 

Lord  Archibald  also  entered  his  defence  in  the  matter 
of  the  privateers  commissioned  by  him  (131,  131  i.-v.), 
whilst  the  owners  of  the  Nuestra  Senora  de  Belem  or 
Kensington  sloop,  petitioned  for  nearly  £40,000  damages 
(4,  4  i.,  ii.,  13,  252,  252  i.-viii.,  310,  310  i.,  iii.  Cf.  C.S.P. 
1716-17,  pp.  xlvii.-liii.),  by  direct  appeal  to  the  Crown. 
The  Council  of  Trade  made  some  caustic  observations 
upon  such  procedure,  before  a  regular  appeal  had  been 
made  from  the  decision  of  the  Admiralty  Court  of 
Jamaica,  and  suggested  that  reparations  were  also  due 
for  the  great  losses  sustained  by  H.M.  subjects  from  the 
Spaniards  in  those  seas  (350).  Don  Juan  del  Valle,  who 
had  been  soliciting  the  cause  of  the  Spaniards  in  Jamaica, 
was  given  an  answer  in  this  sense  by  the  Governor  and 
Council,  and,  as  he  was  suspected  of  giving  information 
to  the  Spanish  privateers  of  sailings  of  Jamaican  vessels, 
he  was  presently  invited  to  leave  the  island  (131  iv.,  v., 
350,  681,  681  ix.). 

In  the  case  of  a  French  ship,  however,  seized  by  some 
privateer-pirates  from  Jamaica,  directions  were  given 
for  reparation  to  be  made  and  for  the  prosecution  of 
those  concerned  (591,  591  ii.,  606,  643). 

The  effects  of  the  depredations  of  pirates  on  the  trade 
of  Jamaica  and  the  steps  taken  to  repress  them  have 
been  indicated  in  §  1  (54,  64,  271,  522,  566  etc.).  The 
newly  appointed  Governor  asked  for  further  naval 
protection,  and  at  the  same  time  repeated  the  request 
of  other  Governors  that  the  Commanders  of  H.M.  ships 
should  be  placed  under  the  immediate  direction  of  the 
Governor.  As  it  was,  instead  of  devoting  themselves 
to  the  protection  of  trade,  they  were  apt  to  employ 
themselves  in  carrying  merchandize  to  Spanish  ports. 


Ix.  PREFACE. 

The  Council  of  Trade  supported  this  recommendation, 
(54^  144^  566,  681  iiL,  688.  Cf.  807).  In  an  address 
returning  thanks  for  the  intended  help  against  pirates, 
and  congratulating  the  king  on  the  failure  of  the  designed 
invasion  of  England,  the  Council  and  Assembly  promised 
to  provide  for  the  support  of  the  soldiers  in  the  island 
and  all  necessary  aids  to  the  Revenue  (35).  They 
theetw°of  admitted  by  their  action  in  refusing  to  spare  soldiers  for 

independent  a  convoy  that  the  retention  of  the  two  Independent 
Companies  against  which  they  had  so  long  been  agitating 
was  really  a  necessity  (78).  But  though  they  had  repaid 
with  high  interest  the  advances  made  by  their  Lt. 
Governor  for  the  subsistence  of  the  forces,  and  though 
the  payment  of  the  similar  debt  to  Lord  Archibald 
Hamilton  was  again  recommended  to  them,  they  con- 
tinued  to  refuse  it  (18i.,  64,  681).  On  these  and  other 
outstanding  points  of  controversy,  notably  the  revenue, 
the  new  Governor,  Sir  Nicholas  Lawes,  asked  for  definite 
decisions  before  sailing  for  Jamaica.  In  preparing  his 
Instructions  the  Council  of  Trade  consulted  him  fre- 
quently, recognising  that  his  knowledge  of  Jamaica 
and  Jamaican  opinion  was  intimate.  The  result  of  their 
deliberations  was  a  complete  revision  of  the  Governor's 
Instructions  (78,  144,  144  i.,  264,  295,  327,  356). 

The  Council.  The  Council  was  reconstructed  by  the  removal  of 
those  Councillors  who  had  previously  been  dismissed 
and  then  restored  in  order  to  form  a  balanced  board, 
which  had  so  signally  failed  to  justify  its  appointment 
(53,  116,  140,  144,  144  i.,  264). 

Acts  A  considerable  number  of  Acts  were  confirmed  or 

rePealed>  Sir  N.  Lawes  being  active  in  obtaining  decisions 
upon  them  (96,  108,  168,  181,  311  i.,  363,  364,  488). 
The  Acts  to  encourage  white  men  to  settle  and  for  the 
effectual  discovery  of  disaffected  persons  were  allowed  to 
await  the  report  of  the  new  Governor,  who  advised  the 
repeal  of  the  latter  (364,  391,  421,  748,  681). 
Agent  for  In  the  course  of  these  transactions,  the  Council  of 
Trade  emphasised  the  need  of  an  Agent,  appointed  by 
the  Council  and  Assembly,  to  solicit  the  passing  of 
laws  and  conducting  the  business  of  Jamaica  in  London. 
A  bill  was  brought  in  for  that  purpose  (488,  682). 


PREFACE. 


Ixi. 


negroes 


Post  and 


Wealth  of 


Lt.  Governor's 
Commission, 


Fortifications 

and  stores 

of  war. 
to^oncvictns. 


Protection 


South  Sea  Company  petitioned  against  an  Act 
laying  a  duty  upon  negroes  brought  to  Jamaica  as  a 
port  of  call  and  re-exported  by  them  under  the  Asiento 
(178L,  206).  Lawes  expressed  apprehension  that  its 
repeal  would  occasion  resentment  in  the  Assembly, 
and  defended  the  duty  (196,  356).  Meanwhile  the 
Assembly  passed  another  act  doubling  the  duty  on 
re-exported  negroes  (206  i.,  270,  270  i.).  The  Council 
of  Trade  summed  up  the  position,  and  the  Acts  were 
repealed  with  the  addition  of  an  Instruction  to  the 
Governor  not  to  pass  any  such  law  for  the  future,  and 
to  observe  his  Instructions  relating  to  the  passing  of 
acts,  especially  those  affecting  trade  or  the  royal  Pre- 
rogative (272,  301,  302,  313). 

On  his  arrival,  Lawes  recommended  the  Assembly  to 
pay  the  debts  of  the  Island  by  taxing  their  own  estates 
(681). 

Lawes  proposed  the  establishment  of  a  Post  and  of 
a  printing  press  in  the  Island,  under  the  Governor's 
license  (116).  He  emphasised  the  wealth  and  potentiali- 
ties of  Jamaica  (196,  356),  whilst  proposing  the 
prevention  of  trade  with  Hispaniola,  against  which  an 
act  had  recently  been  passed  (181,  189). 

At  his  request  a  Lt.  Governor  was  appointed  with  a 
dormant  commission  (163,  163  i.,  ii.,  175,  180). 

Lawes  arrived  in  his  Government  at  the  end  of  April, 
1718  (522).  He  reported  that  the  fortifications  were  in 

.    x  r 

a  ruinous  condition,  and  asked  for  a  supply  of  stores  of 

war  (303>  681>  681  vL-viii-)-  He  denounced  the  convicts 
who  had  been  transported  under  the  recent  Act  of 
Parliament,  as  a  "  wicked  lazy  and  indolent  people  " 
and  expressed  the  hope  that  the  country  would  be 
troubled  with  no  more  of  them  (681).  On  the  other 
hand,  he  was  instructed  to  give  protection  to  the  Jewish 
settlers,  whose  privileges  and  security  there  had  been 
some  attempt  to  invade  (622). 

^e  Parign  registers  were  so  badly  kept  that  Lawes 
warned  the  Council  of  Trade  that  the  census  they 
required  would  be  very  defective  (566). 

^e  Jama*ca  Coffee  House  figures  as  the  centre  of 
Jamaican  politics  in  London  (110). 


PREFACE. 

The  Leeward       The  Council  of  Trade  transmitted  to  the  Governor 
Queries      of  the  Leeward  Islands  a  list  of  queries  to  which  they 


required  annual  answers  (652,  652  i.).    Hamilton  made 
some  returns  of  imports  and  grants  of  lands,  but  pro- 
fessed himself  unable  to  obtain  from  the  Councils  and 
instruction    Assemblies    accounts    of    the    revenue    (692).    He    was 

°n  ^eJeCnte°r'S  permitted  to  receive  the  grant  of  £1000  a  year  for  house 

rent  voted   by  Antigua,   and   his   Instruction   on   that 

point  was  altered  (64,  257  i.  ;    cf.  C.S.P.   1716-17,  pp. 

lix.,  lx.). 

Request  for       The  prevalence   of  pirates,   whose  presence  delayed 

guardshipsand  the  Governor  from  visiting  the  several  islands  under 

stores  of  war.  n'g  government  (v.  §  1  Pirates),  led  him  to  ask  for  addi- 
tional guardships.  He  also  pointed  out  the  inconvenience 
caused  by  the  men  of  war  being  obliged  to  go  to 
Barbados  to  victual  and  refit  for  lack  of  suitable  accom- 
modation and  stores  at  the  Leeward  Islands  (134,  298, 
691,  797,  797  i.-vi.).  The  request  for  a  grant  of  stores 
of  war  was  repeated  (200). 

Rumour  of       The   rumour  that   Hamilton   was   to   be   superceded 
Har™can.n'8    elicited  protests  and  testimonials  in  his  behalf  (3121., 

319,  411-413,  438,  439). 

Excessive        In  reviewing  the  Acts  before  them  the  Council  of 

Trade  remarked  upon  the  excessive  penalties  imposed 

by  most,  and  recommended  moderation  in  future  laws 

(171,  570). 

Antigua.         The   Act   of   Antigua   providing   that   the   Court   of 

AandCrepeaiedd  Chancery  should  be  held  before  the  Governor  and 
Council  was  confirmed,  whilst  that  establishing  a  Court 
of  King's  Bench,  of  which  the  Attorney  General  had 
expressed  disapproval,  was  annulled  (158,  336,  337. 
Cf.  C.S.P.  1716-17,  p.  lix.).  So,  too,  was  an  Act  laying 
a  duty  on  liquors  imported,  since  by  it  the  Assembly 
endeavoured  to  acquire  a  share  in  the  issuing  of  warrants 
for  payments,  a  power  reserved  to  Governors  with  the 
consent  of  the  Council  (722,  802).  The  Act  to  prevent 
the  increase  of  Papists  was  also  repealed,  as  being  cal- 
culated to  drive  all  Roman  Catholics  out  of  the  island. 
In  spite  of  the  Jacobite  demonstrations  of  some,  this 
was  held  to  be  neither  politic  nor  just  (297,  297  i.,  309, 
335,  462,  470,  515,  584). 


PREFACE. 

The  Act  for  prohibiting  the  importation  of  foreign 
sugars  etc.  was  carefully  considered.  Arguments  for  and 
against  it  were  submitted  at  some  length.  It  went 
further  than  the  Barbados  act  which  had  been  con- 
firmed, and  objections  of  considerable  weight  were 
made  to  it  by  the  Customs  authorities.  The  Council 
of  Trade  finally  advised  its  disallowance  (162,  277, 
277  i.,  487,  495  i.,  530,  547,  611).  The  Act  to  quiet 
present  possessors  of  lands  etc.,  was  referred  back  to  the 
Assembly  in  order  that  they  might,  if  they  wished,  pass 
a  new  act  not  liable  to  certain  objections  raised  by  the 
Attorney  General  (297,  532). 

Councillor        Col.  Morris  was  suspended  from  the  Council  by  the 
suspended.    Qovernor   on   ^6   grounds   of   notorious   ill-behaviour. 
He  petitioned  to  be  re-instated  (358,  358  i.,  359,  359 
i.-xii.,  477,  491,  570,  736). 

Montserrat.  An  act  of  Montserrat  for  quieting  possessors  was  con- 
sidered by  Mr.  West  to  be  too  one-sided,  and  the  passing 
of  a  new  act  not  liable  to  his  objections  was  recom- 
mended to  the  Assembly  (545,  652). 

*^™s.  A  demand  was  submitted  by  the  French  Envoy  for 

Capitulation,  the  fulfilment  of  the  conditions  imposed  by  his  brother, 
M.  D'Iberville  when  he  raided  Nevis  (102,  102  i.,  ii.). 
The  Council  of  Trade  once  more  examined  the  contention 
of  the  inhabitants  that  the  conditions  were  imposed 
upon  them  by  force  majeure,  and  were  also  broken  by 
the  French. 

They  gave  their  opinion  that  the  matter  ought  rightly 
to  be  settled  by  Commissaries  to  be  appointed  under  the 
Treaty  of  Utrecht  to  determine  the  question  of 
reparations  affecting  not  only  Nevis,  but  also  Mont- 
serrat and  Hudson  Bay.  In  the  meantime  the  French 
claim  for  money  due  for  the  subsistence  of  the  hostages 
was  declared  to  be  unfounded,  and  the  release  of  the 
The  grant  sole  survivor  was  urged  pending  the  decision  of  the 
Commissaries  (230).  Application  to  Parliament  was 
being  prepared  on  behalf  of  those  sufferers  in  Nevis 
and  St.  Kitts  who  were  not  covered  by  the  terms  of  the 
grant  in  aid  (762). 

DamtPeb*         Great  damage  was  done  to  shipping  at  St.  Christopher 
hurricanes,    by    storms    during  "  the    hurricane    time "    (40,    230). 


Ixiv. 


PREFACE. 


Acts. 


The  French 
lands. 


Conditions 
of  sale. 


Some  acts  were  confirmed,  but  that  for  settling  estates 
was  allowed  to  lie  dormant  in  order  that  the  Assembly 
might  have  the  opportunity  of  passing  an  amended 
one  (408). 

The  disposal  of  the  lands  in  the  former  French  part  of 
the  island  was  still  in  debate.  The  Council  of  Trade 
made  a  report  to  the  Treasury  of  the  proposals  which 
had  been  made  to  them,  and  the  conditions  which  they 
thought  should  be  imposed  (7,  7  i.,  156,  156  i.).  Various 
estimates  of  the  value  of  the  late  French  lands  were 
submitted,  and  several  offers  for  buying  the  whole 
outright  from  the  Crown  were  made  in  response  to  an 
advertisement  for  tenders  by  the  Treasury.  All  agreed 
that  the  best  lands  were  very  valuable  for  sugar  planta- 
tions, and  that  the  rest,  near  the  sea  and  salt-pans, 
was  very  poor  (6,  7).  In  view  of  the  variations  in  the 
estimates,  and  in  the  absence  of  any  reliable  survey, 
the  Council  of  Trade  at  first  recommended  that  they 
should  be  parcelled  out  into  lots  and  sold  at  a  fixed 
price  per  acre.  Conditions  designed  to  ensure  settle- 
ment and  the  security  of  the  island  were  to  be  attached 
to  the  sale.  They  included  the  reservation  of  a  quit-rent 
not  exceeding  6d.  per  acre.  French  Protestants  were  to 
be  continued  in  their  grants,  and  holders  of  temporary 
grants  confirmed  in  their  holdings  on  payment  of  a  fair 
price.  Holdings  were  not  to  exceed  200  acres  per  head, 
and  each  grantee  was  to  be  obliged  to  cultivate  his  lands 
within  a  specified  time.  For  every  40  acres  a  planter 
must  keep  one  white  or  two  white  women  within  a 
year  after  the  date  of  his  grant,  and  after  three  years 
the  same  for  every  20  acres.  Small  holdings  of  the  less 
valuable  land  should  be  granted  to  poor  inhabitants 
and  be  unalienable.  No  Roman  Catholics  were  to  be 
permitted  to  purchase  these  lands  (7  i.,  48  i.).  An  anony- 
mous writer  expressed  appreciation  of  the  vote  of  the 
House  of  Commons  for  the  sale  of  the  French  lands  for 
what  they  would  fetch,  and  declared  that  there  was  a 
conspiracy  of  the  inhabitants  to  depreciate  their  real 
value,  in  order  to  obtain  cheap  grants  of  their  planta- 
tions (34).  Many  petitions  were  entered  from  planters 
and  others  for  confirmation  of  their  temporary  grants 


PREFACE. 


Ixv. 


Migration  to 
Crab  Island. 


or  permission  to  buy  plantations  in  this  quarter.  Such 
confirmations  were  conceded,  to  hold  good  until  the 
final  decision,  repeatedly  urged  by  the  Council  of  Trade, 
should  at  last  be  made  (560,  574).  In  a  subsequent 
report  the  Board  was  inclined  to  favour  the  sale  of  the 
lands  in  one  lot  to  one  purchaser  under  conditions 
which  they  outlined  (156,  156  L). 

One  of  the  reasons  why  the  Board  was  anxious  that 
the  Treasury  should  come  to  an  early  decision  on  this 
matter  was  to  stop  the  inhabitants  of  the  Leeward 
Islands  from  migrating  to  Crab  Island  or  Sta.  Cruz, 
and  to  divert  them  by  grants  of  lands  to  St.  Kitts. 
But  in  spite  of  Governor  Hamilton's  endeavours  (to 
which  they  repeatedly  urged  him)  to  deter  the  inhabi- 
tants of  the  Virgin  Islands,  he  had  to  report  that  those 
of  Anguilla,  growing  weary  of  waiting  for  those  promised 
grants,  had  begun  to  remove  to  Crab  Island,  and  that 
their  example  was  likely  to  be  followed,  not  only  by 
other  settlers  in  the  Virgin  Islands,  but  also  by  the 
poorer  inhabitants  of  Nevis,  St.  Kitts  and  Montserrat, 
who  were  feeling  the  effects  of  the  devastation  wrought 
by  the  French  raids  (40,  157,  171,  214,  231,  298,  298 
iv.-ix.,  329,  408,  442,  487,  692,  692  i.).  It  was  feared 
that  the  resulting  loss  of  man-power  might  prove  dis- 
astrous to  the  Leeward  Islands,  in  case  of  a  rupture 
with  France  (40,  40  i.). 

Hamilton  visited  the  Virgin  Islands  in  Nov.,  1717, 
and  reported  upon  their  inhabitants  and  poverty-stricken 
condition  (298,  298  iv.-ix.).  At  Crab  I.  he  gave  Abraham 
Howell  a  Commission  as  Commandant  of  the  new 
settlement.  But  within  a  few  months  a  Spanish  squadron 
attacked  the  island,  killed  several  of  the  inhabitants 
and  carried  away  others,  with  their  wives,  children 
and  negroes,  and  Howell  himself  as  prisoner  to  Puerto 
Rico  (425,  442).  Governor  Hamilton  sent  H.M.S. 
Scarborough  to  demand  their  return  from  the  Governor 
of  Puerto  Rico,  and  to  assert  the  British  title  to  Crab  I., 
and  wrote  home  for  further  instructions  (492,  494  iii., 
582,  797).  The  Council  of  Trade  had  already  made  a 
virgin  islands,  full  report  upon  the  British  title  to  the  Virgin  Islands, 
including  St.  Thomas,  St.  Johns  and  Crab  L,  in  reply 


Hamilton's 
visit  and 
reports. 


Spanish 
raid  on 
Crab  I. 


British 
title  to  the 


PREFACE. 

to  the  claims  put  forward  by  the  Danish  Envoy  (8  i.). 
To  this  the  latter  replied  (593  i.-iv.),  and  the  Board 
answered  their  reply  (628  i.).  In  spite  of  protests  from 
Governor  Hamilton,  the  Danes  from  St.  Thomas  con- 
tinued to  settle  on  St.  Johns  I.  (298,  298  x.,  494,  494  i.,  ii., 
526,  526  i.-vii.,  593  i.-iv.,  624,  624  i.).  But  when  the 
Danes  heard  that  the  Spaniards  were  preparing  to 
attack  St.  Thomas,  they  actually  asked  that  help  should 
be  rendered  them  from  the  Leeward  Islands  !  (818  i.). 
A  present  Governor  Hamilton  sent  as  a  present  to  Mr.  Popple 
Leeward  "  a  black-bearded  little  Lady,  the  pretty  est  of  the  sort 

Islands. 


Newfoundland  The  grievance  against  the  New  Englanders,  that  they 
iery'  debauched  the  Newfoundland  fishermen  with  rum,  in- 
volved them  in  debt  and  carried  them  off  to  New 
England,  was  renewed.  In  1716,  it  was  reported,  the 
English  fishing  ships  lost  no  fewer  than  1300  hands 
in  this  fashion.  On  arriving  in  New  England  those 
who  could  not  pay  for  their  passages  were  sold  as 
indentured  servants.  Capt.  Passenger,  the  Commodore, 
reported  that  he  had  endeavoured  to  stop  this  practice 
by  forbidding  the  New  Englanders  to  sail  before  the 
departure  of  the  convoy  and  fishing  fleet  for  home, 
and  by  taking  bonds  from  them  not  to  carry  off  such 
men.  Those  who  refused  to  give  bonds,  he  ordered  to 
sail  with  him.  But  not  one  did  so  (115,  164,  164  i.). 
He  concluded  that  Newfoundland  would  be  much  better 
off,  if  they  were  forbidden  to  come  there  at  all.  He 
concluded  his  report  by  recommending  the  appointment 
of  a  permanent  Governor.  Discipline  and  the  fishery 
alike  suffered  from  the  flood  of  New  England  "  stinking 
rum."  The  Fishing  Admirals  only  looked  after  their 
own  interests,  and  for  ten  months  in  the  year  the  island 
was  practically  without  government.  In  the  absence 
of  the  ships  of  war,  "  he  that  is  strongest  is  the  best 
man."  The  Council  of  Trade  had  suggested  that  he 
should  submit  the  name  of  any  inhabitant  whom  he 
thought  fit  to  act  as  Governor  during  the  winter.  He 
declared  himself  unable  to  do  so  (115,  164,  626  i.,  ii.). 
Capt.  Scott,  the  next  Commodore,  was  instructed  to 
oblige  all  New  England  ships  to  sail  with  him.  He  took 


PREFACE. 


Ixvii. 


of  Trade, 


bonds  from  them,  and  threats  of  prosecution  had  some 
effect  (394,  751,  751  L,  ii.). 

Following  on  these  reports  and  that  of  the  Comptrollers 
of  the  accounts  of  the  Army,  and  their  own  given  in  the 
previous  volume,  the  Council  of  Trade  submitted  a  long 
and  important  representation  on  Newfoundland  and 
the  Fishery  (798),  and,  in  pursuance  of  it  a  draft  of  a 
bill  for  remedying  the  abuses  in  the  Newfoundland 
trade  (808  L).  They  were  in  favour  of  removing  all 
the  inhabitants  to  Nova  Scotia.  Col.  Phillips,  appointed 
Governor  of  Placentia  and  Nova  Scotia,  was  likewise 
in  favour  of  curtailing  the  New  Englanders'  share  in 
the  trade  and  fishery  (507,  550). 

The  case  of  Tulon  and  the  Fishing  Admirals  was 
finally  settled  (64,  318,  370  i.,  527).     The  Board  recom- 
The  Survey,  mended  that  Capt.   Taverner  should  be  rewarded  for 
his    services,    and   that    the    survey   of   Newfoundland 
should  be  completed  (546). 

The  most  important  documents  in  this  volume  are 
the  revised  Instructions  of  the  Governor  of  Jamaica 
(144,  144  i.),  and  the  representations  upon  the  British 
title  to  the  Virgin  Islands  (81,  628  i.),  and  the  right 
to  logwood-cutting  in  Campeche  Bay  (104i.),  and  that 
upon  the  Newfoundland  trade  and  fishery  (798). 


Tuion  and 


Important 

Repre- 
sentations. 


CECIL  HEADLAM. 


(Ixviii.) 


The  documents  calendared  in  the  following  pages  are  included 
in  the  volumes  of  the  Colonial  Office  Records  preserved  at  the 
Public  Record  Office  and  listed  as  follows  : — 
C.O.  5,  4  ;   5,  12  ;   5,  189  ;   5,  290  ;   5,  382  ;   5,  383  ;   5,  508  ;   5, 
717 ;  5,  720  ;  5,  866  ;  5,  867  ;  5,  915  ;  5,  971  ;  5,  995  ;  5,  1019 
5,  1051  ;  5,  1052  ;  5,  1079  ;  5,  1123;    5,  1124;  5,  1233;  5,  1265 
5,  1293  ;   5,  1318  ;   5,  1335  ;   5,  1342  ;   5,  1364  ;   5,  1365  ;   23,  1 
23,  12  ;  23,  13  ;  24,  1  ;  28,  13  ;  28,  15  ;  28,  16  ;  28,  39  ;  28,  43 
29,  13;    29,  14;    37,  10;    37,  24;    38,  7;    116,  21;    116,  22 
137,  12  ;   137,  13  ;   137,  46  ;   137,  51  ;   138,  15  ;   138,  16  ;   152,  12 
152,  13  ;    152,  39  ;    152,  42  ;    153,  13  ;    194,  6  ;    194,  23  ;    195,  6 
216,  21  ;    217,  2  ;    217,  3  ;    217,  31  ;    217,  38  ;    218,  1  ;    253,  1 
314,  1  ;    319,  2  ;    323,  7  ;    324,  10  ;    324,  33  ;    324,  49  ;   388,  77 
389,  26  ;   389,  37. 

NOTE.  etc.  printed  in  italics  in  the  course  of  the  text  indicates 
that  matter  merely  repeated  or  of  no  importance  is 
there  omitted.  Words  printed  in  italics  between  square 
brackets  [thus]  are  suggestions  by  the  Editor  where 
the  MS.  is  rubbed  or  torn. 

The  reference  "  A.P.C."  is  to  the  printed  Acts  of  the  Privy 
Council,  Colonial  Series. 


COLONIAL    PAPERS. 


1717. 


1717. 
Aug.  1, 


1 .  Mr.  Attorney  General  to  the  Council  of  Trade  and  Plan- 
tations. Your  Lordships  informed  me  that  when  I  should  send 
the  draught  of  the  Proclamation  for  pardoning  of  pirates  (v.  July 
15),  you  would  give  me  your  assistance,  etc.  When  the  draught 
of  the  pardon  was  made,  all  piracies  were  excepted,  nevertheless 
such  pirates,  who  should  surrender  themselves  by  a  day  to  be 
prefixt  were  to  be  pardoned.  But  on  further  consideration 
thereof,  the  Nevertheless  etc.  was  left  out,  and  the  exception  of 
pirates  remained  absolute,  it  being  then  intended  to  issue  a 
pardon  by  Proclamation  for  pirates,  on  such  terms  as  should  be 
thought  proper.  Whereupon  I  was  commanded  to  prepare  the 
Proclamation  for  that  purpose  with  your  Lordships'  assistance 
etc.  (v.  July  15).  I  have  now  prepared  the  draught,  which  is 
submitted  to  your  Lordships,  etc.  Signed,  Edw.  Northey. 
Endorsed,,  Reed,  2nd,  Read.  7th  Aug.,  1717.  1  p..  Enclosed, 

1.  i.  Draught  of  H.M.  Proclamation  for  suppressing  of  pyrates, 
referred  to  in  preceding.  2£  pp.  [C.O.  323.  7.  Nos. 
104,  104  i.  ;  and  324,  10.  pp.  127-131.] 


Aug.  2. 
Barbados. 


2.  Governor  Lowther  to  Mr.  Secretary  Addison.  Recom- 
mends following  as  a  proper  object  of  H.M.  clemency.  Signed 
Robt.  Lowther.  Addressed.  \p.  Enclosed, 

2.  i.  Petition  of  Lucy  Harwood,  to  the  King.  In  1716,  Depo- 
nent's late  husband  Richard,  accidentally  met  in  the 
highway  and  fought  with  Emanuel  Healis.  Her  son 
Richard  hastening  up  to  prevent  mischief  arrived  after 
her  husband  was  shot  dead  by  Healis,  who  also  had 
received  wounds  of  which  he  died.  Richard  jr.  appre- 
hending himself  to  be  lyable  to  be  questioned  for  the 
death  of  Healis,  withdrew  from  the  Island  etc.  Prays 
for  H.M.  pardon  of  his  offences.  Signed,  Lucy  Har- 
wood. 1  p.  [C.O.  28,  43.  pp.  455,  456.] 


Aug.  2. 

Hampton 
Court. 


3.  Mr.  Secretary  Addison  to  the  Council  of  Trade  and 
Plantations.  Refers  following  for  their  report.  Signed,  J. 
Addison.  Endorsed,  Reed.  6th,  Read  9th  Aug.,  1717.  J  p. 
Overleaf, 

3.  i.  Petition  of  Sir  Alexander  Cairnes  Bart.,  James  Douglass 
and  Joshua  Gee,  merchants,  on  behalf  of  themselves 
and  others,  to  the  King.  Pray  for  a  grant  of  land  in 
Nova  Scotia  for  a  settlement  5  leagues  to  the  S.W.  and 

Wt.  441.— B.  &  S.— 375.  C.P.  1. 


COLONIAL    PAPERS. 


1717. 


Aug.  2. 

Hampton 
Court. 


Aug.  6. 

Whitehall. 


[Aug.  6.] 


3. 


5  leagues  to  the  N.E.  of  the  River  and  Harbour  of 
Chiboutou  etc.     French.     1  p. 

ii.  English  version  of  preceding.     [C.O.  217,  2.     Nos.  33, 
33  i.,  ii.  ;  and  (without  enclosure  i.)  218,  1.    pp.  327-329.] 


4.  Mr.  Secretary  Addison  to  the  Council  of  Trade  and 
Plantations.  Refers  following  for  their  report.  Signed,  J. 
Addison.  Overleaf, 

4.  i.  Petition  of  Bernardo  de  Guardia  and  Peter  Diharce  to 
the  King.  Petitioners  having  attended  the  Council  of 
Trade  and  Plantations  upon  their  former  petition 
(June  15),  were  informed  that  they  not  having  par- 
ticularly mentioned  the  damages,  losses,  proffitts  and 
intrest  they  have  susteyned,  or  which  they  would 
necessarily  have  gained  by  the  voyage  of  the  Nostra 
Signora  de  Bethleem,  their  Lordships  could  not  in  pursu- 
ance of  the  reference  take  any  notice  thereof.  At  a 
moderate  computation  these  amount  to  £37,485  sterling. 
Pray  H.M.  order  that  satisfaction  be  made  etc.  Signed, 
Bernardo  de  Guardia,  Peter  Diharce.  The  whole 
endorsed,  Reed.  6th,  Read  9th  Aug.,  1717.  1J  pp. 
Enclosed, 

4.  ii.  Details  of  above  estimate.     Signed  as  preceding.     1  p. 

[C.O.  137,  12.  Nos.  55,  55  i.,  ii.  ;  and  (enclosure  1  only) 
138,  15.  pp.  281-283.] 

5.  Council  of  Trade  and  Plantations  to  Mr.  Secretary  Addison. 
Enclose  following  to  be  laid  before  H.M.,  "  appearing  to  us  to  be 
matters  of  very  great  consequence  to  the  Trade  of  this  Nation." 
Autograph  signatures.     2  pp.     Enclosed, 

5.  i.  Copies  of  letter  etc.  from  Lt.  Gov.  Spotswood,  31st  May, 

1717,  relating  to  seizures  by  Spaniards  and  increase  of 
pirates.  [C.O.  5,  1342.  Nos.  4,  4  i.-v.  ;  and  (without 
enclosures)  5,  1364.  pp.  487,  488.] 

6.  Daniel  Bolton  to  the  Council  of  Trade  and  Plantations. 
The  late  French  part  of  St.  Christophers  contains  30,000  acres 
whereof  20,000  are  the  best  in  all  the  Leeward  Islands  for  sugar 
canes,  the  other  10,000  acres  are  fit  for  graising  and  producing 
cotton  and  indico.     £60,000  has  been  offered  for  the  said  lands 
etc.     All  or  most  of  the  Proprietors  of  St.  Christophers,  who  were 
plundered  by  the  French  to  whom  debentures  have  been  made  out 
for  the  losses  they  sustained,  had  large  plantations  granted  them 
of  the  sd.  French  lands,  who  still  hold(s)  the  same  rent  free  (and 
ever  since  the  said  Island  was  invaded  by  the  French)  out  of 
which  they  have   raised   considerably   more    mony,    than   the 
losses  they  sustain'd  by  the  said  invasion,  besides  the  intrest  they 
have  received  from  the  Crown  on  their  said  debentures.     The 
said  10,000  acres  are  worth  £10  pr.  acre.     Mr.  Buckridge  the  late 
Collector  of  Antego  delivered  an  estimate  thereof  to  the  late 
Lord  Bolingbroke  at  £20  pr.  acre,  but  the  reasons  why  his  Lord- 
ship stifled  that  estimate  is    obvious.     The    other  10,000  acres 


AMERICA    AND    WEST    INDIES.  3 

1717. 

which  lyes  adjacent  to  the  salt  ponds  are  by  a  modest  computation 
worth  20/s.  pr.  acre,  besides  what  the  salt  ponds  may  produce. 
The  town  of  Basse  Terre,  containing  between  50  and  60  houses, 
will  yield  the  Crown  £4000,  which  the  present  possessors  are 
willing  to  pay.  Total,  £214,000.  Signed,  Danl.  Bolton. 
Endorsed,  Reed.  Read  6th  Aug.,  1717.  2  pp.  [C.O.  152,  12. 
No.  7.] 

Aug.  7.  7.  Council  of  Trade  and  Plantations  to  the  Lords  Commis- 
Whitehall.  sioners  of  H.M.  Treasury.  Transmit  copies  of  papers  already 
made  in  reply  to  17th  July  etc.  Continue  ; — The  rest  shall  be  sent 
as  soon  as  possible.  But  in  the  mean  time  having  seen  your 
Lordps.'  advertizement  in  the  Daily  Courant  and  Gazette, 
whereby  you  have  been  pleased  to  direct  such  persons  as  are 
willing  to  purchase  the  said  lands,  to  lay  their  proposals  for  that 
purpose  before  us  on  or  before  the  24th  day  of  this  instant  August, 
we  thought  it  necessary  to  acquaint  your  Lordps.  that  we  have 
already  made  some  progress  in  our  enquiries  concerning  the 
value  of  the  said  lands.  But  as  we  have  no  survey  of  the  same 
and  as  the  accounts  we  have  received  from  such  persons  as  we 
have  discoursed  upon  this  subject  do  vary  extreamly,  not  only 
in  the  value,  but  likewise  in  the  number  of  acres  contained  in  the 
late  French  part  of  St.  Christophers  ;  we  are  of  opinion  it  will  be 
most  for  the  advantage  of  the  publick  that  the  lands  should  be 
parcell'd  out  into  lots,  and  sold  at  a  certain  value  per  acre. 
But  as  the  persons  designing  to  purchase  must  be  at  a  loss  in  what 
manner  to  turn  their  proposals,  we  would  beg  leave  to  submit 
to  your  Lordships  whether  it  may  not  be  convenient  that  they 
should  be  apprized  of  the  annexed  conditions  ;  which  we  conceive 
necessary  for  the  settlement  and  security  of  the  Island,  being  in 
great  measure  the  same  that  have  been  proposed  in  former  reports 
by  this  Board.  If  your  Lordps.  shall  approve  of  these  prelim- 
inary conditions  or  any  of  them,  we  shall  be  glad  to  know  your 
sentiments  thereupon,  that  if  you  think  proper  the  same  may  be 
communicated  to  the  persons  who  are  to  make  their  proposals 
before  we  receive  the  same,  whereby  in  our  opinion  much  time 
may  be  saved.  When  we  shall  have  received  and  considered  the 
proposals  that  will  be  laid,  relating  to  this  matter,  we  shall  take 
the  liberty  to  offer  your  Lordps.  what  may  further  occur  to  us  as 
necessary  towards  the  better  settlement  of  the  said  Island. 
Annexed, 

7.  i.  Preliminary  conditions  proposed  for  purchases  of  lands 
in  the  late  French  part  of  St.  Christophers,  (i)  A  quit- 
rent  not  exceeding  6d.  pr.  acre  to  be  reserved.  New 
purchasers  to  be  liable  to  the  4J  p.c.  Plantation  duty, 
and  all  laws,  customs  and  usages  now  in  force  in  the 
English  part,  (ii)  3000  acres  lying  most  contiguous  to 
the  sea,  and  not  proper  for  sugar-canes,  to  be  given 
gratis  in  small  plantations  from  8  to  10  acres  to  poor 
families  etc.  to  be  held  in  capite  and  unalienable. 
(iii)  The  salt  ponds  to  be  reserved  for  the  use  of  the 
Island  in  common,  (iv)  The  French  Protestants'  lands, 


COLONIAL    PAPERS. 
1717. 


which  they  lost  upon  account  of  their  religion  and  which 
upon  that  consideration  have  been  regranted  to  them 
by  H.M.  shall  continue  in  their  possession,  subject  to 
the  same  quit-rents,  tenures  and  imposts  as  the  new 
purchases,  (v)  Such  parcells  of  improvable  lands, 
as  are  at  present  held  by  any  intermediate  lease  from 
the  several  governmts.  of  the  Leeward  Islands  shall 
continue  in  the  possession  of  the  present  planters, 
provided  they  will  pay  a  just  value  for  the  same,  and 
hold  their  lands  under  such  conditions  as  the  other 
purchasers  etc.  (vii)  No  one  person  shall  be  allowed 
either  now  or  hereafter  to  purchase  above  200  acres  of 
such  land  now  to  be  disposed  of,  as  shall  be  deemed 
plantable  for  sugar  canes,  and  whoever  is  already 
possessed  of  a  plantation  in  the  said  Island  or  any  other 
of  the  Leeward  Islands,  if  it  already  exceed  200  acres 
of  the  plantable  land,  shall  not  be  admitted  to  be  a 
purchaser  etc.  (vii)  Each  grantee  to  be  obliged  to 
cultivate  the  lands  in  a  certain  limited  time,  and  for 
every  40  acres  to  keep  one  white  man  or  two  white 
women  within  a  year  after  the  date  of  their  grant  or 
bill  of  sale,  and  one  white  man  or  two  white  women  for 
every  20  acres  three  years  after  the  sd.  date,  (viii)  The 
ground  not  adjudged  improvable,  if  the  same  will  not 
produce  upon  sale  any  considerable  sum,  to  be  reserved 
in  the  hands  of  the  Crown,  till  a  further  demand  for 
land  in  the  said  Island  may  render  the  same  more 
valuable,  or  given  gratis  in  capite,  to  poor  inhabitants 
in  the  earne  proportions,  and  under  the  same  conditions 
with  the  3000  acres  on  the  sea  coast,  (ix)  No  Roman 
Catholicks  shall  be  admitted  purchasers  of  any  of  the 
lands  now  to  be  disposed  of.  [C.O.  153,  13:  pp. 
61-66.] 

Aug.  9.         8.     Council  of  Trade  and  Plantations  to  Mr.  Secretary  Addison. 

Whitehall.     Enclose  following,  in  reply  to  llth  May,  to  be  laid  before  H.M. 
Annexed,, 

8.  i.  Council  of  Trade  and  Plantations  to  the  King.  Repre- 
sentation upon  the  pretensions  of  the  Danes  to  St.  Thomas 
and  the  little  Isles  about  it.  By  the  copy  of  the  letter  of 
King  Charles  II  (v.  C.S.P.  ix.  Sept.  23,  1672)  which  the 
Danish  Envoy  has  produced,  it  does  not  appear  that 
H.M.  gave  directions  against  molesting  the  subjects  of 
the  King  of  Denmark  upon  any  other  Island  or  Colony  to 
which  H.M.  of  Great  Britain  had  a  right,  except  that  of 
St.  Thomas  ;  but  that  in  the  same  letter  it  is  required 
and  commanded  that  H.M.  Governor  forbear  and  forbid 
the  doing  of  anything  that  may  give  just  cause  of  unkind- 
ness  between  his  Majesty  and  the  King  of  Denmark, 
and  to  shew  and  exercise  all  acts  of  friendship  to  the 
inhabitants  of  the  aforesaid  Island  of  St.  Thomas  and  all 
other  the  subjects  of  the  said  King  of  Denmark  in  the 


AMERICA    AND     WEST    INDIES.  5 

1717. 

West  Indies,  upon  express  condition,  that  they  the  said 
subjects  of  the  King  of  Denmark  in  the  mean  time  do 
nothing  contrary  to  his  Britannick  Majesty's  right  in 
his  Colonies  Islands  and  Plantations  there  etc.  That  by 
the  expression  all  other  the  subjects  of  the  said  King  of 
Denmark  in  the  West  Indies,  was  meant  of  no  other 
settlement  besides  St.  Thomas,  and  such  Danish  subjects 
as  might  be  met  with  at  sea  by  the  subjects  of  Great 
Britain,  or  who  might  have  occasion  to  touch  at  any  of 
the  Colonies  belonging  to  H.M.  of  Great  Britain,  we 
humbly  conceive  appears  by  the  subsequent  Instructions 
given  to  the  Governors  of  the  Leeward  Islands  and 
other  entries  we  find  in  the  books  of  our  Office  which  we 
take  leave  to  mention  to  your  Majesty  as  follows. 
Refer  to  Sir  W.  Stapleton's  letter  llth  Nov.,  1682,  and 
Representation  thereupon,  Order  in  Council  28th  Feb., 
1682,  and  Instruction  to  Governor  Stapleton  7th  May, 
1683  (to  assert  the  right  of  England  to  the  Virgin 
Islands),  Order  in  Council,  Nov.  14,  1683  (directing 
Sir  W.  Stapleton  to  seize  the  Governor  of  St.  Thomas 
etc.),  Lord  Sunderland's  letter  19th  Feb.,  1684, 
Representation  13th  May,  1684,  Order  in  Council  15th 
May,  1684,  letters  of  Sir  W.  Stapleton  28th  Oct.,  1684, 
and  Governor  Sir  Nath.  Johnson  20th  Feb.,  1688, 
Mr.  Blathwayt's  report,  6th  July  1688,  (that  Crab  Island 
is  one  of  the  Virgin  Islands),  Governor  Sir  N.  Johnson's 
letter  2nd  June,  1688,  etc.  For  these  documents  v. 
C.S.P.  1682-1688.  Continue: — From  which  passages 
abovementioned  it  may  be  observed  that  Tortola  and 
Anguilla  were  inhabited  by  subjects  of  Great  Britain, 
and  that  if  the  Danes  had  ever  any  settlemt.  on  Crab 
Island  or  any  of  the  Islands  adjacent  besides  St. 
Thomas,  it  would  probably  be  mentioned,  which  we 
have  not  found  in  any  of  the  books  or  papers  before  us. 
It  having  been  represented  to  King  William  that  some 
foreigners  endeavoured  to  settle  on  Crab  Island,  H.M. 
was  pleased  to  give  Instructions  4th  Dec.,  1694  to 
Governor  Codrington  requiring  him  "  to  assert  H.M. 
title  to  all  the  Virgin  Islands,  so  that  the  subjects  of 
any  foreign  Prince  or  State  whatsoever  be  not  permitted 
to  settle  in  any  of  the  said  Islands  except  St.  Thomas 
which  had  been  for  some  time  in  possession  of  the 
subjects  of  the  King  of  Denmark,  who  were  likewise 
to  be  given  to  understand  that  in  case  they  should  at 
any  time  act  in  prejudice  to  H.M.  right  of  Sovereignty 
in  those  Islands  that  the  King  of  Denmark  had  no  good 
title  to  St.  Thomas  itself,"  etc.  Which  Instruction  has 
been  continued  to  all  the  succeeding  Governors,  and  by 
your  Majesty  to  Governor  Hamilton,  and  the  same  being 
as  we  humbly  conceive  very  much  for  your  Majesties 
service,  we  can  by  no  means  presume  to  advise  any 
alteration  therein.  [C.O.  153,  13.  pp.  66-75.] 


COLONIAL    PAPERS. 


1717. 

Aug.  9.  9.  Mr.  Popple  to  Sir  Edward  Northey.  Gives  suggestions 
Whitehal.  from  the  Board  for  draught  of  proclamation  concerning  pirates 
(Aug.  1st.)  The  time  limit  to  be  one  year  from  the  date  of  the 
Proclamation.  The  reward  for  apprehending  a  pirate  commander 
to  be  £100,  and  for  other  officers  £40  and  £30,  and  private  men  £20. 
The  men  of  any  pirate  vessel  seizing  their  Commander  to  receive 
double  the  reward.  Concludes  : — Their  Lordships  finding  that 
Henry  Every  alias  Bridgman  was  excepted  in  the  last  Pro- 
clamation, desire  you  to  consider  whether  it  may  not  be  proper 
to  except  him  in  this.  [C.O.  324,  10.  pp.  131,132.] 

Aug.  12.  10.  Peter  Heywood,  Commander  in  Chief  of  Jamaica,  to  the 
Jamaica.  Council  of  Trade  and  Plantations.  Since  my  last,  I  have  reced. 
from  a  gentleman  that  was  taken  prisoner  by  the  Barbadoes 
pyrate  a  parcell  of  papers  wch.  as  he  gave  me  account  he  had 
saved  from  the  pyrates  (seeing  them  directed  for  H.M.  Governr. 
of  Jamaica)  who  had  taken  the  same  on  board  a  sloop  bound  for 
the  Havanna  from  La  Vera  Cruiz,  and  altho'  I  know  not  what 
to  write  to  those  prisoners  who  are  at  La  Vera  Cruz,  if  an  oppor- 
tunity shd.  offerr,  I  thought  it  my  duty  to  remit  coppys  of  them 
to  your  Lordships  for  directions  if  you  shall  think  it  necessary. 
We  have  account  of  pyrates  from  all  parts,  soe  that  'tis  with 
great  hazard  ships  come  to  us,  wch.  has  occasion 'd  a  great 
scarcity  of  all  sorts  of  provisions.  Capt.  Candler  in  H.M.S. 
Winchelsea  is  gone  for  Porto  Vela  and  H.M.  two  sloops  ye  Swift 
and  Try  all  by  his  orders  follow 'd  him  sayleing  from  Portroyall 
ye  5th  instant,  soe  here  is  only  left  for  the  defence  of  this  Island, 
ye  Adventure  who  has  put  up  notices  at  Portroyal  and  Kingston 
that  he  will  take  under  his  convoy  to  see  them  thro,  the  Windward 
passage  all  such  ships  as  will  be  ready  to  sayle  ye  14th  instant. 
The  Assembly  of  our  Island  met  according  to  prorogation  ye 
7th  instant  nothing  of  moment  as  yet  has  offerrd  to  signifye  to 
Your  Lords,  but  by  the  next  opportunity  shall  prepare  their 
Minutes  and  send  them.  Signed,  Peter  Heywood.  Endorsed, 
Reed.  28th  Oct.,  Read  19  Nov.,  1717.  1  p.  Enclosed, 
10.  i  Duplicate  of  July  3rd. 

10.  ii.  Capt.  Beverley,  of  Virginia,  to  the  Govr.  of  Jamaica. 
Vera  Cruz,  March  6,  1716.  Fresh  intelligence  in  May 
last  informed  the  Governor  of  Virginia  that  some 
pyrates  had  landed  on  the  Island  of  Providence  within 
his  jurisdiction  as  Admirall,  to  the  disturbance  of  the 
inhabitants,  some  of  whom  removed  to  Virginia  and 
brought  news  from  Providence  that  a  wreck  was  dayly 
expected  to  be  found  there,  and  also  that  provisions 
were  scarce,  etc.  Encouraged  by  the  Governor,  who 
gave  me  the  enclosed  credentials  and  instructions  and 
furnished  me  with  the  King's  arms  etc.,  I  sailed  in  a 
new  sloop  loaded  with  provisions  and  in  my  passage  to 
Prpvidence  on  5th  July  was  taken  by  a  Spanish  man  of 
war  St.  Juan  Baptista  commanded  by  Don  Joseph 
Rocher  de  la  pena  rere  Admirall  of  their  Barlevento 
squadron,  who  did  have  no  regard  to  my  credentials  but 


AMERICA    AND    WEST    INDIES.  7 

1717. 

carryed  me  prisoner  with  him  to  Vera  Cruz,  Sept.  12th, 
and  have  been  kept  prisoner  ever  since,  where  some  of 
my  men  for  want  of  subsistance  are  dead,  and  the  Vice- 
roy in  Mexico  has  condemned  my  sloop  without  suffering 
me  to  appear  or  speak  one  word  for  myself  or  knowing 
what  is  said  against  me,  my  men  indeed  are  now  suffered 
to  embark  to  Cuba,  but  the  Vice-Roy's  orders  is  that 
myself  shall  be  kept  a  prisoner,  so  that  I  cannot  expect 
relief  in  any  reasonable  time  from  Virginia  it  being  at 
such  a  distance,  etc.  Prays  for  H.E.  assistance. 
Signed,  Harry  Beverley.  Endorsed  as  preceding.  I J  pp. 

lO.iii.  Testimonial  by  Lt.  Governor  Spotswood,  in  favour  of 
Capt.  Beverley.  Williamsburgh,  15th  June,  1716. 
Signed,  A.  Spotswood.  Same  endorsement.  Copy.  1  p. 

10.  iv.  Lt.  Governor  Spotswood's  Instructions  to  Capt. 
Beverley  to  proceed  to  the  Bahamas  and  to  enquire 
about  the  pirates  at  Providence,  the  state  of  the  Islands, 
and  wrecks  upon  H.M.  coasts  etc.  Signed,  dated  and 
endorsed  as  preceding.  Copy.  3  pp. 

10.  v.  Certificate  that  Nos.  iii.  and  iv.  are  true  copies.  Vera 
Cruz,  March  5,  1717.  Signed,  Josiah  Nixon,  A.  Duncan. 
I  p. 

10.  vi.  Additional  Instruction  from  Lt.  Governor  Spotswood 
to  Capt.  Beverley.  If  you  meet  with  any  Spanish 
Commissioner  for  enquiring  into  the  affair  of  the  wrecks 
on  the  coast  of  Florida,  you  are  to  acquaint  them  that 
Josiah  Forbes  master  of  a  sloop  belonging  to  Phila- 
delphia having  come  into  this  Colony  and  being  suspected 
of  taking  away  by  force  plate  and  other  goods  from  the 
Spaniards  on  that  coast  is  under  confinement  here  untill 
he  shall  give  bail  to  answer  what  shall  be  laid  to  his 
charge  etc.  Signed,  dated  and  endorsed  as  No.  iii. 
Copy.  1  p. 

10.  vii.  Affidavit  by  Capt.  Beverley  that  the  sloop  Virgen 
was  built  in  Pianetank  River,  1716,  and  is  owned  by 
himself  and  Walter  Keeble.  Williamsburgh,  23rd  April, 
1716.  Signed,  Harry  Beverley.  Endorsed,  Reed.  28th 
Oct.,  Read  19th  Nov.,  1717.  Copy.  1  p. 

10.  viii.  Deposition  of  some  of  the  crew  of  the  sloop  Virgin 
in  confirmation  of  No.  ii.  etc.    Vera  Cruz,   9th  Dec., 
1716.     30  signatures.     Same  endorsement.     1J  pp. 
[C.O.    137,    12.     Nos.    98,    98    i.-viii.  ;    and    (without 
enclosures)  138,  16.    pp.  8-12.] 

Aug.  13.         11-     Sir  Alexander  Cairnes  to  Mr.  Popple.     Excuses  himself 

Tunbridge    from  attending  the  Board,  owing  to  his  "  being  here  drinking  the 

Wells.        waters."     Hopes  for  the  Board's  favourable  report,,  the  district 

desired  being  so  small,  and  the  undertakers   disclaiming   any 

inclination  to  have  the  power  of  government,  etc.  (v.  Aug.  2.) 

Signed,  Alex.  Cairnes.     Endorsed,  Reed.  Read  14th  Aug.,  1717. 

Addressed.     1  p.     [C.O.  217,  2.     No.  34  ;  and  218,  1.    pp.  329, 

330.] 


COLONIAL    PAPERS. 


1717. 
Aug.  13. 

N.  York. 


Aug.  14. 


Aug.  15. 

London. 


Aug.  15. 

Whitehal. 


Aug.  15. 

London. 


Aug.  15. 

London. 


12.  Governor  Hunter  to  Mr.  Popple.    Encloses  Naval  officer's 
accounts.     Mr.  Huddy  and  Mr.  Parker  two  of  the  Council  of  the 
Jerseys  are  lately  dead  and  Mr.  Byerley  is  little  better  and  Mr. 
Deacon    through    age    unable    to    attend.       Recommends    Peter 
Tretwell  and  John  Wells  in  the  Western  Division  and  John  Read 
in  the  Western  in  their  room  etc.     "  I  have  some  hopes  of  ye 
pleasure  of  embraceing  you  next  Spring  "  and  not  till  then,  etc. 
Signed,  Rd.   Hunter.     Endorsed,  Reed.   28th  Sept.,  Read   14th 
Nov.,  1717.     Holograph.     1|  pp.     Set  out,  N.J.Arch.  1st  Ser.  II. 
326.     [C.O.  5,  971.     No.  16  ;  and  5,  995.     p.  395.] 

13.  Agents  for  the  owners  of  the  Nostra  Signora  de  Bethleem 
to  the  Council  of  Trade  and  Plantations.     Rectify  some  mistakes 
in  former  claim  (v.  Aug.  6th.)     Endorsed,  Reed.  Read  14th  Aug., 
1717.     1  p.     [C.O.  137,  12.     No.  56.] 

14.  George  Bampfeild  to  Mr.  Popple.     One  Mulford  having 
printed  and  given  about  some  papers  against  Brigadr.  Hunter, 
which  I  doubt  not  will  appear  to  their  Lordships  to  be  frivolous 
and  vexatious  like  the  other  complaints  that  have  been  made 
against  him,  prays  that  they  may  be  transmitted  for  his  answer 
etc.     Signed,  Geo.  Bampfeild.     Endorsed,  Reed.  Read  15th  Augt., 
1717.     1  p.     [C.O.  5,  1123.     No.  30.] 

15.  Council    of   Trade    and    Plantations    to    Mr.    Secretary 
Addison.     Refer  to  letter  of  22nd  July  in  reply  to  12th  July. 
Enclose  copies  of  Lt.  Governor  Spots  wood's  letter  of  30th  May 
and  accounts,  and  submit  his  proposal  for  the  payment  of  the 
debt  on  the  establishment  out  of  the  Quit-rent  fund  etc.    Auto- 
graph signatures.     2  pp.    Enclosed, 

15.  i.-iii.  Copies  of  C.S.P.  1716-17,  Nos.  590,  590  i.,  ii.    [C.O. 

5,  1342.    Nos.  5,  5  i.-iii. ;  and  (without  enclosures)  5,  1364. 
pp.  495-497  ;  and  (rough  draft)  5,  1335.    pp.  203-205.] 

16.  Christopher    Stoddard    to    the    Council    of    Trade    and 
Plantations.     Having  been  a  great  sufferer  in  1706  as  a  planter 
in  St.   Christophers,   petitioner  obtained  a  grant  of  a  former 
French  plantation  from   General  Douglass;   General  Hamilton 
without  colour  of  reason  ejected  him  and  gave  the  same  to  Mr. 
James  Milliken  at  Nevis,  upon  which  Stoddard  came  over  to 
London  to  lay  his  case  before  H.M.     Petitioner  had  improved 
this  plantation  of  60  acres  so  that,  whereas  it  was  worth  £3  pr. 
acre,  now  it  is  worth  £5,  which  he  now  offers  to  pay,  or  asks  to 
be  allowed  for  his  improvements,  if  sold  to  another  etc.     Signed, 
Christopher  Stoddard.     Endorsed,  Read  28th  Aug.,  1717.     24-  vv. 
[C.O.  152,  12.  ,  No.  21.] 

17.  Eliz.   Buxton,   Widow,   to   the   Council   of   Trade   and 
Plantations.     Proposes  to  buy  a  plantation  in  the  late  French 
part  of  St.  Christophers,  of  150  acres  for  £300  sterl.     Signed, 
Eliz.  Buxton.     Endorsed,  Read  28th  Aug.,   1717.     }  p.     \C.O. 
152,  12.     No.  26.] 


AMERICA    AND    WEST    INDIES. 


1717. 
Aug.  16. 

Whitehall. 


18.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Addison.  Enclose  following  to  be  laid  before  H.M.  Autograph 
signatures.  1  p.  Enclosed, 

18.  i.  Same  to  the  King.  Representation  in  reply  to  July  llth. 
We  humbly  conceive  that  your  Majesty's  most  gracious 
orders  may  fitly  be  renewed  (v.  May  13,  1715)  to  Sr. 
Nicholas  Laws,  who  is  now  going  your  Majesty's  Governor 
of  Jamaica,  that  £2706  6s.  3d.  may  be  paid  Lord  A. 
Hamilton  out  of  the  first  and  readiest  of  the  Revenue 
of  that  Island  unappropriated,  and  in  case  the  intire 
revenue  is  appropriated,  that  your  Majesty  may  be 
pleased  to  give  your  Instructions  to  Sr.  Nich.  Lawes, 
that  he  do  recommend  to  the  Assembly  at  their  next 
meeting  in  the  most  effectual  manner,  to  make  provision 
for  so  just  a  debt.  And  in  regard  Lord  A.  Hamilton 
and  the  late  Council  of  Jamaica  have  been  long  out  of 
their  money,  we  have  no  objection  why  your  Majesty 
may  not  order  interest  to  be  paid  for  it  at  the  ordinary 
rate  of  interest  in  Jamaica.  We  humbly  conceive  such 
an  allowance  the  more  reasonable,  since  we  find  by  an 
Act  passed  there  the  10th  of  Nov.  last,  a  greater  interest 
was  directed  to  be  allow 'd  to  Coll.  Hey  wood  for  mony 
advanc'd  by  him  on  the  like  service.  As  to  the  arrears 
of  salary  and  some  other  debts  claim'd  by  the  Lord  A. 
Hamilton  out  of  the  Revenue  of  Jamaica,  we  are  humbly 
of  opinion  that  Sr.  Nich.  Lawes  upon  his  arrival  there 
will  best  judge  thereof,  whom  your  Majesty  may  be 
graciously  pleas 'd  to  direct  to  cause  payment  to  be  made 
of  what  shall  appear  to  be  justly  due  to  his  Lordship. 
Autograph  signatures.  3  pp.  [(7.0.  137,  46.  Nos.  26, 
26  i.  ;  and  138,  15.  pp.  288-291.] 


Aug.  17. 

Hampton 
Court. 


Aug.  17. 

Hampton 
Court. 


Aug.  21. 

London. 


Aug.  22. 
Whitehall. 


19.  Copy  of  H.M.  Commission  to  Col.  Richard  Phillips  to 
be  Governor  of  the  Province  of  Nova  Scotia  or  Acadia  and  the 
Town    and    Garrison    of    Annapolis    Royal   etc.     Countersigned, 
J.  Addison.     Endorsed,  Reed.  6th,  Read  7th  March,  17}£.     Copy. 
lp.     [C.O.  217,  2.     No.  38  ;  and  324,  33.     p.  100.] 

20.  H.M.  Commission  to  Col.  Richard  Phillips  to  be  Governor 
of  the  town  and  garrison  of  Placentia.     Countersigned,  J.  Addison. 
Endorsed  as  precedirig.     Copy,     f  p.     [C.O.  194,  6.     No.  41  ;  and 
324,  33.    p.  101.] 

21 .  William  Fenton  to  the  Council  of  Trade  and  Plantations . 
Proposal  to  purchase  200  acres  of  land  in  the  French  part  of 
St.  Christophers,  where,  after  suffering  much  in  defence  of  the 
same,  1706,  he  now  cultivates  a  plantation,  paying  ^th  of  the  net 
produce,  a  vast  rent  etc.    Signed,  Wm.  Fenton.     Endorsed,  Read 
28th  Aug.,  1717.   ,  \\pp.     [C.O.  152,  12.     No.  18.] 

22.  Mr.    Secretary   Addison   to   the   Council   of   Trade   and 
Plantations.     I  have  laid  before  H.M.  your  Lops.'  letter  of  the 


10 


COLONIAL    PAPERS. 


1717. 


Aug.  22. 

Treasury 
Chambers. 


Aug.  22. 


Aug.  22. 

London. 


Aug.  22. 

London. 


Aug.  22. 


3rd  of  July  last.  H.M.  is  very  well  satisfied  with  the  conduct  of 
Governor  Hunter,  which  you  will  please  to  signify  in  such  a 
manner,  as  you  shall  think  the  most  likely  to  silence  such  reports, 
and  defeat  such  practices  for  the  future,  etc.  Set  out,  N.J.  Arch. 
1st  ser.  iv.  327.  Signed,  J.  Addison.  Endorsed,  Reed.  22nd, 
Read  30th  Aug.,  1717.  1  p.  [(7.0.  5,  971.  No.  15  ;  and  5,  995. 
pp.  336,  337.] 

23.  H.  Kelsall  to  Mr.  Popple.  The  Lords  Commissioners  of 
the  Treasury  refer  following  to  the  Council  of  Trade  and  Plan- 
tations for  their  report.  Signed,  H.  Kelsall.  Endorsed,  Reed. 
22nd  Aug.,  Read  25th  Sept.,  1717.  1  p.  Enclosed, 

23.  i.    Draft  of  H.M.  Grant  of  Land  in  Nova  Scotia,  12  miles 

by  12  including  Cape  Dore  in  the  Bay  of  Fundy,  for 
31  years,  etc.  2|  pp.  [C.O.  217,  2.  Nos.  36,  36  i.  ;  and 
(without  enclosure)  218,  1.  pp.  333.] 

24.  Thomas  Johnson  to  the  Council  of  Trade  and  Plantations. 
Having  observ'd  the  advertizement  in  the  Daily  Courant,  proposes 
to  purchase  the  whole  of  the  late  French  part  of  St.  Christophers 
for  £61,000.     Signed,  Tho.  Johnson.     Endorsed,  Read  28th  Aug., 
1717.     f  p.     [C.O.  152,  12,     No.  19.] 

25.  John  Smith  to  the  Council  of  Trade  and  Plantations. 
Proposal   on   behalf   of   Henry   Rawlings,   now   residing   in   St. 
Christophers  and  having  no  lands  there,  to  purchase  a  certain 
plantation  of  70  acres  in  the  late  French  part,  for  £5  sterl.  pr. 
acre.     Signed.  John  Smith.     Endorsed,  Read  28th  Aug.,   1717. 
|  p.     [C.O.  152,  12.     No.  20.] 

26.  Humphry    and   Robert   South  and   Saml.   and   Joseph 
Travers,  on  behalf  of  Geo.  Liddell  and  Robt.  Clayton,  to  the 
Council  of  Trade  and  Plantations.     Propose  to  purchase   their 
two  improved  plantations  in  the  late  French  part  of  St.  Chris- 
tophers for  £5  pr.  acre.     These  plantations  were  confirmed  to  them 
by  H.M.  etc.     v.  end.   1.     Signed,  Humpry.  and  Robt.  South, 
Saml.  and  Joseph  Travers.     Endorsed,  Read  28th  Aug.,   1717. 
2  pp.     Enclosed, 

26.  i.  Copy  of  H.M.  Warrant  confirming  grant  of  two  plan- 
tations to  Geo.  Liddell  and  Robt.  Clayton  for  2J  years 
etc.  St.  James's,  7th  May,  1712.  2} pp. 

26.  ii.  Copy  of  Governor  Parke's  grant  to   above   3rd   Dec., 

1708,  in  pursuance  of  H.M.  order  6th  Dec.,  1705,  for 
2|  years,  with  an  equitable  title  to  H.M.  bounty  for 
them  in  case  the  whole  Island  should  remain  to  the 
English  the  next  Treaty  of  Peace,  etc.  2  pp.  [C.O.  152, 
12.  Nos.  22,  22  i.,  ii.] 

27.  John  Smith,  Agent  for  the  widow  of  John  Thornton,  to 
the  Council  of  Trade  and  Plantations.       Proposal  to  purchase 
on  her  behalf,  at  £6  sterl.  pr.  acre,  200  acres  of  a  plantation  in  the 
late  French  part  of  St.  Christophers,  temporarily  confirmed  by 


AMERICA    AND    WEST    INDIES. 


11 


1717. 


H.M.  to  the  late  John  Thornton,  and  improved  by  him.  Signed, 
John  Thornton.  Endorsed,  Read  28th  Aug.,  1717.  f  p.  [C.O. 
152,  12.  No.  24.] 


Aug.  22.  28.  Richard  Bankes  to  the  Council  of  Trade  and  Plantations. 
Proposes  to  purchase  the  whole  of  the  late  French  part  of  St. 
Christophers,  excepting  the  salt  pans  and  poorest  lands  adjoining, 
and  resell  it  in  parcels  etc.  at  £6  sterl.  per  acre,  etc.  upon  certain 
conditions.  Signed  Richd.  Bankes.  Endorsed,  Read  28th  Aug., 
1717.  4  pp.  [0.0.152,12.  No.  11.] 


Aug.  22. 

London. 


29.  Peter  Cabibel  of  London,  Merchant,  to  the  Council  of 
Trade  and  Plantations.  Prays  that  he  and  his  partner,  Peter 
Soulegre,  who  were  luined  by  the  war  and  the  French  invasion 
of  St.  Kitts,  1705,  may  be  confirmed  in  the  grants  of  two  planta- 
tions made  to  them  by  Danl.  Smith  and  Lt. -General  Mathew, 
which  they  have  improved  with  great  cost.  They  offer  to  pay 
the  same  price  as  the  untilled  land  in  the  French  ground  is  sold 
for,  etc.  Signed,  Peter  Cabibel,  Senior.  Endorsed,  Read  28th 
Aug.,  1717.  2|  pp.  [C.O.  152;  12.  No.  15.] 


Aug.  23.  30.  Micajah  Perry,  Joseph  Martyn,  Humphrey  and  Robert 
South  and  John  Mills  to  the  Council  of  Trade  and  Plantations. 
As  agents  for  planters  in  following  list,  pray  that  they  may  be 
confiimed  in  the  grants  of  plantations  in  the  late  French  part 
of  St.  Christophers,  made  to  them  by  several  governors,  and 
improved  by  them.  Offer  to  pay  £5  per  acre  etc.  Conclude  ; 
Which  method  of  disposing  of  the  French  part  of  the  island  to 
the  present  possessors  for  a  reasonable  value  will  the  most 
effectually  tend  to  the  speedy  settling,  strengthening  and  im- 
proving the  said  island  etc.  Signed,  Micajah  Perry,  Joseph 
Martyn,  Humphrey  and  Robert  South,  John  Mills.  Endorsed, 
Read  28th  Aug.,  1717.  2  pp.  Enclosed, 

30.  i.  List  of  plantations  of  50  to  300  acres,  applied  for  in 
preceding,  on  behalf  of  Col.  Michael  Lambert,  Col. 
Cha.  Payne,  John  Willet,  John  Holden,  Githes  Me  Arthur, 
John  Orton,  Jno.  Burreau,  Robt.  Robertson,  John 
Poxon,  James  Ward,  Ralph  Willet,  Tim.  Hare,  Edwd. 
Parson,  Jno.  Seaburne.  Total  acreage,  2,740.  1  p. 
[C.O.  152,  12.  Nos.  16,  16  i.  ] 


Aug.  23. 

London. 


31 .  Lt. -Governor  Daniel  Smith  and  John  Smith  to  the  Council 
of  Trade  and  Plantations.  Propose  to  purchase,  in  behalf  of 
Richard  Abbot  of  Nevis,  the  house  and  250  acres  of  land  in  the 
French  part  of  St.  Christophers  granted  to  him  by  Governor 
Codrington  for  service  at  the  taking  thereof  etc.,  for  £6  sterl. 
per  acre.  Signed,  Danl.  Smith,  John  Smith.  Endorsed,  Read 
28th  Aug.,  1717.  Ip.  Overleaf, 

31.  i.  Copy  of  Governor  Codrington's  grant  of  above  for  2J 
years  etc.  7th  April,  1704.  Signed,  Chr.  Codrington. 
1  p.  [C.O.  152,  12.  Nos.  29,  29  i.] 


12  COLONIAL    PAPERS. 


1717. 

Aug.  23.  32.  James  Butler  to  the  Council  of  Trade  and  Plantations. 
London.  Proposals  for  certain  plantations  in  the  late  French  part  of  St. 
Christophers  for  himself,  and  for  Thomas  Fenton  and  Capt. 
Jno.  Williams  of  St.  Christophers,  at  £6  per  acre,  and  for  another 
for  James  Jackson  at  £5  per  acre.  Signed,  James  Butler. 
Endorsed,  Head  28th  Aug.,  1717.  1  p.  [C.O.  152,  12.  No.  14.] 

Aug.  23.        33.     Robert  Heysham  to  the  Council  of  Trade  and  Plantations. 
London.      Proposal,  on  behalf  of  the  widow  of  Col.  John  Panton,  for  a  planta- 
tion of  200  acres  in  the  late  French  part  of  St.  Christophers, 
improved  by  her,  for  £5  pr.  acre  etc.     Signed,  Robt.  Heysham. 
Endorsed,  Read  28th  Aug.,  1717.     f  p.     [C.O.  152,  12.     No.  31.] 

Aug.  23.  34.  "  Philo  Patria  "  to  the  Council  of  Trade  and  Plantations. 
St.  I  cannot  sufficiently  extoll  that  beneficiall  vote  of  the  House 
Christophers.  of  commons  for  the  sale  of  the  French  lands  here  for  the  most 
that  can  be  got  for  them.  For  the  inhabitants  have  been  long 
conspiring  to  depreciate  the  real  values  of  them,  and  in  laying 
of  schems  to  obtain  grants  of  their  possessions  for  almost  nothing 
etc.  These  lands  are  much  the  richest  of  all  the  Leeward  Islands. 
The  inhabitants  will  give  from  £4  to  £7  per  acre  etc.  The  temper 
of  the  inhabitants  is  such,  that  they  will  sooner  give  a  price  to 
a  private  person,  than  the  Crown  etc.  Urges  a  speedy  disposal, 
"for  at  present  many  givan  under  the  Government  of  the  present 
Captain  Generall,  who  turns  whom  he  pleases  out  of  the  planta- 
tions, reaps  the  crops,  or  grants  them  to  favorites"  etc.  Signed, 
Philo  Patria.  Endorsed,  Reed.  Read  1st.  Oct.,  1717.  Addressed. 
2J  pp.  [(7.0.152,12.  No.  42.] 

Aug.  23.  35.  Governor,  Council  and  Assembly  of  Jamaica  to  the  King. 
Congratulate  H.M.  upon  the  securing  your  Kingdoms  against 
the  danger  of  invasion  from  the  Pretenders  Swedish  abettor. 
We  cannot  sufficiently  acknowledge  your  Majesties  tenderness 
in  the  relief e  designed  us  against  pirates,  by  your  ships  of  warr 
sent  for  the  service  of  this  island,  when  your  affairs  at  home 
required  so  great  an  appearance  in  the  Sound  and  other  Stations  ; 
and  as  the  cause  of  that  necessary  preparation  is  succesfully 
ceased,  we  are  the  more  incouraged  to  hope  yr.  Majesties  pro- 
tection will  yet  attend  our  trade  with  Great  Brittain.  Your 
Majesties  early  condescention  in  declaring  your  royall  inclination 
towards  our  better  establishment,  by  your  gracious  letter  to 
ye  late  Governor,  has  (it's  hoped)  had  the  desired  influence  on 
ye  present  Legislature  of  your  Island,  neither  shall  we  (according 
to  the  respective  parts  we  beare  in  it)  be  wanting  to  your  further 
expectation,  in  providing  for  your  officers  and  soldiers  now  in 
this  Island,  and  granting  all  necessary  aids  to  your  Revennue" 
etc.  Signed,  Peter  Heywood,  Pe.  Beckford,  Speaker,  S.  Page 
Cl.  Con.  1  large  p.  [C.O.  137,  51.  No.  71.] 

Aug.  24.  36.  Nathaniel  Carpenter,  on  behalf  of  John  Hulstum  of  Nevis, 
to  the  Council  of  Trade  and  Plantations.  Proposal  to  purchase 
one  plantation  in  the  late  French  part  of  St.  Christophers  for 


AMERICA    AND    WEST    INDIES. 


13 


1717. 


Aug.  24. 

Hampton 
Court. 


Aug.   25. 

Hampton 

Court. 


Aug.  25. 

Hampton 
Court. 


Aug.  26. 

Nevis. 


£200,  and  another  of  150  acres  for  £500.     Signed,  Nath.  Carpenter. 
Endorsed,.  Read  28th  Aug.,  1717.     1  p.     [C.O.  152,  12.     No.  27.] 

37.  H.M.  Warrant  appointing  Peter  Capon  Commissary  of 
the   Stores   of   Warr   etc.   at   Annapolis   Royal.      Countersigned, 
J.  Addison.     [C.O.  324,  33.     pp.  96,  97.] 

38.  H.M.  Commission  to  Governor  Sr.  Nicholas  Lawes  to  be 
Captain   of   an   Independent   Company   at   Jamaica.     Counter- 
signed, J.  Addison.     [C.O.  324;  33.     pp.  93,  94.] 

39.  H.M.  Commission  to  Lt.  Col.  Martin  Purcell  to  be  Lt. 
Govr.     of    Placentia.     Countersigned,     J.     Addison.     Endorsed. 
Reed.  8th,  Read  10th  March,  17| -J.     Copy.    £  p.     [C.O.   194,  6. 
No.  42  ;   and  324,  33.     p.  116.] 

40.  Governor  Hamilton  to  the  Council  of  Trade  and  Planta- 
tions.     Begins    with    duplicate    of    July    15,    continues ; — Since 
which  I  came  down  to  this  Island,  to  witt  on  the  17  July  last, 
and  sent  the  man  of  warr  back  to  Antigua,  to  gett  into  harbour, 
in  order  to  lay  there  during  the  hurricaine  time,  ^here  being 
nothing  but  open  roads  in  any  of  the  other  Island's,  for  fear  of 
her  comming  to  any  damage  by  bad  weather,  and  I  shall  be 
obliged  to  stay  here  during  that  season,  which  wee  reckon  is 
not  over  till  about  the  20th  Oct.     Wee  had  a  violent  storm  on 
the  19th  instant;  by  which  means  (as  I  am  informed)  that  thirteen 
saile  of  vessells  were  lost  at  the  Island  of  St.  Christophers,  most 
of  them  sloop's,  no  great  damage  done  here,  there  being  no  ship's 
in  the  Road,  and  but  three  sloop's,  two  of  which  put  to  sea,  the 
other  was  cast  away,  with  some  small  sugar  drogers,  I  have  not 
heard  since  from  either  Antigua,  or  Mountseratt.  so  can  not 
informe  your  Lordship's  what  damage  has  been  done  there,  etc. 
All  that  I  could  say  to  the  poor  people  of  Anguilla  (v.  15th  July) 
when  they  were  with  me,  or  all  the  arguments  the  Governour 
made  use  of,  did  not  availe  etc.  (v.  enclosure  i.),  but  being  headed 
by  one  Abraham  Howell  (formerly  Governour  of  Anguilla)  they 
did  embarke  upon  severall  small  sloop's,  and  are  gon  without 
my  leave,   or  without  any   Commission,  to  setle   upon   Crabb 
Island,  a  little  way  to  windward  of  the  Island  of  St.  John  de 
Porto  Rico.     This  Howell  was  the  chiefe  man  that  formerly 
joyned  in  a  petition  about  setling  upon  the  Island  of  Sainta 
Croiss,  etc.     Refers  to  letter  of  14th  April,  1716.     And  I  am  afray'd 
the  mischief e  will  not  stop  here,  for  I  am  inform 'd,  that  by  this 
delusion  severall  of  the  poor  inhabitants  from  all  the  other  Island's, 
designe  to  remove  themselves  thither,  which  I  conceive  will  be 
greatly  prejudiciall  to   H.M.   interest,   and  tend   much  to  the 
weakening  of  the  other  H.M.  chiefe  Island's,  who  are   alreddy 
verry  thinly  peopled,  what  with  the  devastation's  made  by  the 
French  the  last  warr  upon  the  Island's  of  Nevis,  Saint  Christo- 
phers, and  Mountseratt,  as  well  as  other  accidents,  has  deminished 
the  numbers  verry  much,  and  should  there  at  any  time  be  a 
rupture  (which  God  forbid)  between  H.M.,  and  any  forraigne 


14  COLONIAL    PAPERS. 

1717. 

power,  our  people  being  so  scattered  up  and  downe  in  such  small 
numbers  would  in  my  humble  opinion  endanger  the  loss  of  most, 
if  not  all  the  Island's,  but  all  this  I  must  refer  to  your  Lordship's 
more  discerning  judgment,  but  withall  hoping  your  Lordship's 
will  make  such  a  representation  of  this  matter,  and  what  is 
contained  in  my  former  letters  relating  hereto,  that  I  may 
speedily  receive  H.M.  order,  with  your  Lordship's  directions 
how  to  proceed.  Signed.,  W.  Hamilton.  Endorsed,  Reed.  18th, 
Read  19th  Nov.,  1717.  Holograph.  3J  pp.  Enclosed, 

40.  i.  Lt.  Governor  Leonard  to  Governor  Hamilton.  Anguilla, 
12th  August,  1717.  According  to  your  Excellency's 
last,  I  did  use  all  arguments  to  keep  the  people  of  this 
Island  together  until  your  Excellency  had  an  answer 
from  home,  etc.,  but  all  would  not  do  with  sinking  men, 
for  having  no  orders  to  restrain  them  they  laid  hold 
of  any  twigg  :  What  orders  Capt.  Ho  well  brought 
from  your  Excellency  I  know  not  etc.  $  I  sent  your 
Excellency's  instructions  to  me,  to  him  ;  but  he  went 
away  to  Crabb  Island  and  carried  away  40  odd  white 
men  and  between  20  and  30  negroes  with  him  ;  I  wish 
them  well,  but  the  suckess  of  such  rash  actions  are 
always  to  be  doubted,  etc.  Signed,  George  Leonard. 
Endorsed  as  preceding.  Copy.  1  p.  [C.O.  152,  12.  Nos. 
54,  54  i. ;  and  (without  enclosure)  153,  13.  pp.  167-170.] 

Aug.  28.        41.     Danl.  Alford  to  the  Council  of  Trade  and  Plantations. 

London.      Proposes,  on  behalf  of  Matthew  Mills  of  St.  Christophers,  to 

purchase  a  plantation  of  150  acres  at  £5  sterl.  pr.  acre.     Signed, 

Danl.    Alford.     Endorsed,    Read   28th  Aug..  1717.     J  p.     [C.O. 

152,  12.     No.  32.] 

[Aug.  28.]  42.  Stephen  Browne  to  the  Council  of  Trade  and  Plantations. 
Proposal  for  purchasing  the  College  and  Fountain  Plantation, 
in  the  Basse  Terre  Quarter  of  St.  Christophers,  lately 
belonging  to  Jno.  Thornton  deed.,  at  £3  pr.  acre.  [Note.  Mr. 
Tryon  offers  £6  pr.  acre.]  Signed,  Ste.  Browne.  Endorsed, 
Read  28th  Aug.,  1717.  2£  pp.  [C.O.  152,  12.  No.  12.] 

[Aug.  28.]  43.  Petition  of  Stephen  Browne  to  the  King.  Prays  for  a 
grant  as  preceding,  he  being  an  inhabitant  of  St.  Christophers 
who  signaliz'd  himself  on  all  occasions  during  the  war  in  defence 
of  the  Island,  and  was  often  plundered  upon  acct.  of  his  vigorous 
resistance  and  valour,  etc.  1^  pp.  Annexed, 

43.  i.  (a)  Certificate   by   Dennis   Reed,    14th   June,    1717,   in 

support  of  preceding.  Signed,  Dennis  Reed. 
43.  ii.  (b)  Similar  certificate  by  inhabitants  of  St.  Christophers. 
St.  Christophers,  22nd  Nov.,  1716.  Signed,  Jno. 
Lambert,  Jno.  Davis,  Clemt.  Crooke,  Francis  Phipps, 
Jno.  Parsons,  Peter  Skarrot,  Dav.  Scanell,  Barth. 
Lynch,  Jno.  Witherill,  Patt.  Blake,  Sigisd.  Cooper. 
The  whole  endorsed,  Read  28th  Aug.,  1717.  1  p.  [C.O. 
152,  12.  Nos.  13,  13  i.  ;  and  153,  13.  pp.  84-87.] 


AMERICA    AND    WEST    INDIES.  15 


1717. 

[Aug.  28.]  44.  Walter  Darcy  to  the  Council  of  Trade  arid  Plantations. 
Proposal  for  planting  200  acres  in  the  French  Capisterre 
quarter  of  St.  Kitts.  Signed,  Walter  Darcy.  Endorsed,  Read 
28th  Aug.,  1717.  \%pp.  [C.O.  152,  12.  No.  17.] 

[Aug.  28.]  45.  Lt.  Governor  Daniel  Smith  to  the  Council  of  Trade  and 
Plantations.  Proposal  to  purchase  200  acres  in  Capesterre.  The 
full  value  is  £6  pr.  acre,  but  hopes  for  a  rebate  in  recognition  of 
his  services,  he  having  on  the  happy  revolution  of  1688  at  the 
head  of  a  company  rais'd  in  Nevis,  voluntarily  expos'd  his  life  for 
the  reduction  of  St.  Christophers  at  his  own  expence,  and  under 
General  Codrington  commanded  all  the  forces  wch.  from  Nevis  a 
second  time  reduced  it  etc.  Signed,  Danl.  Smith.  Endorsed, 
Read  28th  Aug.,  1717.  1  p.  [C.O.  152,  12.  No.  23]. 

[Aug.  28.]  46.  Petition  of  John  Douglas  to  the  Council  of  Trade  and 
Plantations.  Her  late  Majesty  did,  under  the  Great  Seal  of 
the  Leeward  Islands,  3rd  Nov.,  1711,  grant  unto  Sir  John  Leger 
Kt.,  James  Douglas  of  London,  Doctor  of  Physick,  and  Jno. 
Thornton  of  Nevis,  a  plantation  in  Basseterre  for  3  years  etc., 
with  an  equitable  title  to  her  gracious  bounty  for  the  same  in 
case  the  whole  Island  should  remain  to  H.M.  at  the  Peace  etc. 
Whereupon  petitioner's  trustees  and  agents  have  expended 
very  great  sums  in  improving  and  building  upon  the  same.  Prays 
for  an  absolute  grant  of  this  plantation,  commonly  called  Pensez 
y  bien.  The  grant  of  this  plantation  and  another  was  confirmed 
for  2J  years  by  Lt.  General  Matthews  10th  Jan.,  1716.  Petitioner 
has  no  other  means  of  making  further  progress  in  his  education 
and  subsisting  his  parents  etc.  Endorsed,  Read  28th  Aug.,  1717. 
3J  pp.  [C.O.  152,  12.  No.  25.] 

[Aug.  28.]  47.  Henry  Brown  to  the  Council  of  Trade  and  Plantations. 
Proposal  to  purchase  250  acres  of  the  late  French  part  of  St. 
Christophers  at  £4  sterl.  per  acre,  "  the  rack  full  value  thereof," 
etc.  Endorsed,  Read  28th  Aug.,  1717.  1J  pp.  [C.O.  152,  12. 
No.  28.] 

[Aug.  28.]  48.  Peter  Buor,  P.  de  Brissac  and  Samuel  Hill,  on  behalf  of 
planters  of  the  late  French  part  of  St.  Christophers,  to  the  Council 
of  Trade  and  Plantations.  Petitioners  have  devoted  themselves 
and  their  credit  to  clearing  and  improving  the  plantations  granted 
to  them  by  the  Governors.  They  are  informed  that  several 
persons  maliciously  bid  upon  their  laborious  improvements  and 
more  than  the  land  is  really  worth,  which  will  cause  their  utter 
ruin  etc.  Propose  that  they  be  allowed  to  purchase  their  plan- 
tations out  of  a  tax  per  acre.  In  1716  they  have  been  taxed 
by  the  inhabitants  of  the  English  quarter  15/-  per  head  for 
each  negro  to  pay  debts  contracted  10  years  before  their  settle- 
ment, and  this  year  £500  for  a  fortification  called  "Brimstone 
Hill."  "  We  have  not  the  privilege  to  elect  members  to  sit  in 
the  Assembly  wch.  makes  these  great  and  oppressive  taxes  being 
tax'd  by  the  inhabitants  of  the  English  Quarter  at  their  pleasure 


16  COLONIAL    PAPERS. 

1717. 


which  is  contrary  to  us,  our  known  laws  and  liberties  of  English 
subjects.  Several  of  the  poor  inhabitants  who  have  no  grants 
have  been  obliged  to  leave  the  Island,  having  no  lands  allotted 
them  that  are  fit  for  to  plant  provisions  for  their  families  on, 
and  will  speedily  return  if  there  is  any  small  provisions  made 
for  their  families  at  5  or  6  acres  to  each  family,  out  of  which 
they  might  pay  a  small  acknowledgment  pr.  annum,  per  acre 
to  be  employed  for  the  fortifications."  Pray  for  their  Lordships' 
consideration  etc.  Signed,  Peter  Buor,  P.  de  Brissac,  Saml. 
Hill.  3  pp.  Annexed, 

48.  i.  Same    to    same.     Further    considerations    upon    the 

settling  of  the  late  French  part  of  St.  Christophers. 
Only  those  to  be  settled  there  who  have  no  habitations 
in  the  English  Quarter  or  in  the  Leeward  Islands,  and 
are  not  Jacobites,  Non-jurors  or  Papists.  They  must  be 
obliged  to  take  the  oath  of  allegiance  etc.  3,000  of  the 
11,000  available  acres  to  be  given  in  6  acre  lots  to  poor 
inhabitants  etc.  4  pp.  The  whole  endorsed,  Reed. 
28th  Aug.  [C.O.  152,  12.  Nos.  30,  30  i.] 

[Aug.  28.]  49.  -Samuel  Mulford  to  the  Council  of  Trade  and  Plantations. 
An  account  of  the  proceedings  against  him  in  New  York.  He 
has  done  no  ill,  but  did  not  run  in  with  a  Jacobite  party  when 
that  was  to  much  in  fashion  four  or  five  years  ago,  and  has  fared 
the  worse  for  it.  On  Aug.  24th,  1716,  the  Assembly  addressed 
H.E.,  praying  that  he  might  be  discharged  from  prosecution 
for  printing  and  publishing  a  speech  formerly  made  by  him  in 
Assembly.  H.E.  replied  that  he  could  not  discharge  him,  unless 
he  would  own  it  to  be  a  false  and  scandalous  libell.  This  is 
contrary  to  the  Act  of  Assembly,  1691.  Mulford  was  indicted 
in  1715,  for  his  Speech  (infra).  The  Grand  Jury  endorsed  the 
bill  Ignoramus,  after  which  the  Attorney  General  proceeded 
by  way  of  information  in  the  Supreme  Court,  and  the  Chief 
Justice  at  New  York  bound  him  over  in  £500  to  attend  the 
Court  from  time  to  time.  He  has  attended  4  Courts,  115  miles 
from  his  habitation  without  any  determination  had  therein. 
All  these  proceedings  are  contrary  to  the  Act.  1st  Wm.  and 
Mary,  that  freedom  of  speech  etc.  in  Parliament  ought  not  to  be 
questioned  out  of  the  House  etc.  Signed,  Samll.  Mulford. 
Endorsed,  28th  Aug.,  1717.  Read  28th  March,  1718.  3  pp. 

49.  i.  Writ  of  attachment,  issued  for  the  arrest  of  Samuel 

Mulford  for  publishing  his  libellous  and  seditious 
Speech  to  the  Assembly,  April  2,  1714.  Signed,  David 
Jamison,  Commissioner  for  executing  the  office  of 
Attorney-General.  3J  pp.  Enclosing, 

4.9.  ii.  Copy    of   Mr.    Mulford's    Speech.      Printed.      7J   pp. 
[C.O.  5,  1051.     Nos.  59,  59  i.,  ii.] 

[Aug.  28.]  50.  John  Lloyd  and  other  Merchants  to  the  Council  of  Trade 
and  Plantations.  The  imports  of  whale  oil  and  bone  from  New 
York  have  greatly  decreased,  owing  to  disputes  with  the  Governor 
as  to  a  duty  demanded  for  whales  catched  there.  Propose  that 


AMERICA    AND    WEST    INDIES. 


17 


1717. 


the  inhabitants  have  free  liberty  to  kill  whales  etc.  Signed, 
John  Lloyd,  Charles  Lodwick  and  6  others.  Endorsed,  Reed.  28th 
Aug.,  1717,  Read  28th  March,  1718.  2*  pp.  [C.O.  5,  1051. 
No.  60.1 


Aug.  28. 

Whitehall. 


Aug.   29. 

Hampton 

Court. 


Aug.  29. 


51 .  Council  of  Trade  and  Plantations  to  Mr.  Secretary  Addison . 
It  being  necessary  for  us  from  time  to  time  to  have  recourse  to 
several  of  the  Plantation  Laws  for  our  information  in  matters 
that  come  before  us,  and  as  most  of  the  said  laws  at  present  are 
contained  in  great  bundles  of  parchment,  which  makes  it  more 
difficult  and  tedious  to  come  at  what  is  immediately  wanted  we 
think  it  will  be  for  H.M.  service  that  we  should  have  an  order 
to  H.M.  Printer  to  print  from  time  to  time  such  of  the  said 
Laws  as  we  shall  send  to  him.     We  desire  you  will  lay  this  before 
H.M.,  and  to  let  us  know  his  pleasure   thereupon.     Autograph 
signatures.     1  p.     [C.O.  5,  4.     No.  18  ;  and  324,  10.     p.  133.] 

52.  Order  of  King  in  Council.     Confirming  Act  of  Barbados 
to  dock  the  entail  on  certain  plantations  etc.  and  to  enable  George 
Nicholas  etc.  to  mortgage  or  sell  the  same  etc.  (v.  July  31st). 
Signed,  Ja.  Vernon.     Endorsed,  Reed.  5th,  Read  6th  Nov.,  1717. 
}\pp.     [C.O.  28,  15.     No.  20  ;  and  29,  13.     pp.  423,  424.] 

53.  Persons  proposed  [by  Sir  Nicholas  Lawes]  for  the  new 
Council  of  Jamaica  : — Charles  Chaplin,  Fran.  Rose,  John  Blair, 
Tho.  Bernard,  James  Archbould,  Ez.   Gomersall,  Geo.  Bennet, 
Peter  Beckford,  John  Moore,  Whitgift  Aylmer,  Wm.  Needham, 
Ed.   Pennent.     A  dormant  commission  for  a  Lt.   Governor  in 
case  of  death  or  absence,  for  Thomas  Bernard,  but  the  person 
not  to  be  discovered  till  that  Commission  takes  place.     Persons 
recommended  for  the  Council  when  vacancies  happen  : — John 
Carver,    Fran.    March,    Saml.    Moore,    John    Campbell,    Joseph 
Hodges,  Tho.   Harrison,  John  Haltsted,   George  Mudd,  James 
Hey  wood,  James  Rule,  John  Wyllys,  John  Lewis,  Sam.  Hemings, 
John  Clarke,  Richd.  Bathurst,  John  Morant.     Endorsed,  Reed, 
(from  Sr.  Nicholas  Lawes)  29th  Aug.,  Read   llth  Sept.,   1717. 
\p.     [C.O.  137,  12.     No.  61.] 

[Aug.  29.]  54.  Sir  N.  Lawes  to  the  Council  of  Trade  and  Plantations. 
The  trade  of  Jamaica  has  been  in  a  most  dangerous  condition, 
for  want  of  a  sufficient  number  of  ships  of  war,  whereby  many 
depredations  have  been  committed  by  pirates  of  all  nations 
who  infest  those  seas  ;  and  are  so  powerfull,  that  the  merchants 
ships  have  been,  and  are  obliged  to  stay  after  their  being  loaded 
till  one  of  H.M.  ships  of  war  could  or  can  see  them  out  of  the 
danger  of  them  ;  to  the  great  loss  of  traders,  owners  of  vessels, 
and  H.M.  Revenue.  To  reduce  the  pyrates,  H.M.  clemency, 
accompany 'd  with  a  number  of  proper  ships  of  war,  to  cruise 
in  those  parts,  is  the  most,  if  not  the  only  effectual  means  etc.  To 
curb  all  pyrates  and  check  the  insults  of  the  French  and  Spaniards 
(who  have  never  failed  to  insult  us  when  they  have  found  us 
disarmed  and  without  ships  of  war  in  those  seas)  it  is  absolutely 
Wt.  441.  c.P.  2. 


18 


COLONIAL    PAPERS. 


1717. 


necessary  even  in  the  profoundest  time  of  Peace  and  when  the 
coast  of  Jamaica  is  not  so  infested  with  pyrates,  that  at  least 
three  men  of  war,  vizt.  a  fourth,  fifth  and  sixth  rate,  should  be 
constantly  attending  the  service  of  that  country  and  under  the 
immediate  direction  of  the  Governor.  For  some  years  many 
complaints  have  been  made  of  inconveniencies  to  the  Trade  and 
Navigation  of  the  Island  by  reason  the  ships  of  war  have  not 
been  under  the  direction  of  the  Govr.  whereby  the  service  of  the 
ships  has  been  at  the  choice  of  the  Captains,  who  have  often 
refused  going  on  that,  which  was  absolutely  necessary  for  the 
security  of  the  trade  and  publick  good,  which  was  not  the  case 
when  the  ships  of  war  were  under  the  immediate  direction  of 
the  Govr.  Prays  that  a  Representation  may  be  made  accordingly. 
Endorsed,  Reed.  29th  Aug.,  Read  10th  Oct.,  1717.  1  p.  [C.O. 
137,  12.  No.  76  ;  and  138,  15.  pp.  314-344.] 


Aug.  29. 


Aug.  29. 

Whitehall. 


Aug.  29. 

Hampton 
Court. 


Aug.  29. 

Whitehall. 


Aug.  29. 

Virginia. 


55.  Same  to  same.     Observations  upon  the  draught   of  his 
Instructions  for  the  Government  of  Jamaica.     Endorsed,  Reed. 
29th,  Read  30th  Aug.,  1717.     2J  pp.     [C.O.  137,  12.     No.  59.] 

56.  Council  of  Trade  and  Plantations  to  the  King.     Re- 
commend John  Colleton  for  the  Council  of  Barbados  in  the 
room  of  Thos.  Alleyne  deed.  (cf.  July  6,  1716  and  April  22,  1717). 
[C.O.  29,  13.    pp.  387  bis.] 

57.  Order  of  King  in  Council.     Referring  following  to  the 
Council  of  Trade  and  Plantations  for  their  report.     Signed,,  Ja. 
Vernon.     Endorsed,  Reed.,  Read  5th  Sept.,    1717.     f  p.     En- 
closed. 

57.  i.  Petition  of  Samuel  Barwick,  of  the  Council  of  Barbados, 

to  the  King.  Applies  for  extension  of  leave  for  one 
year  longer  (v.  Sept.  12).  Copy,  f  p.  [C.O.  28,  15. 
Nos.  12,  12  i.  ;  and  29,  13.  pp.  392,  393.] 

58.  Mr.  Popple  to  Mr.   Shelton.     Encloses  the  proposal  of 
Lt.  Governor  Spotswood  and  Mr.  Eden  relating  to  the  boundaries 
of  Virginia  and  North  Carolina.     The  Council  of  Trade  and  Plan- 
tations desire  to  know  as  soon  as  may  be  the  sentiments  of  the 
Lords  Proprietors  of  Carolina  thereupon.     [C.O.  5,  1364.     p.  522.] 

59.  Lt.  Governor  Spotswood  to  the  Council  of  Trade  and 
Plantations.     Abstract.     Encloses  Journals  of  Council  with  ab- 
stracts in  margin  as  desired.     Hopes  that  the  steps  he  has  taken 
to  prevent  frauds  in  the  revenue  arising  from  the  sale  of  lands 
will  be  approved,  though  censured  by  some  men  there.      Refers  to 
former  letters   relating   to   the   Cattawba   and   other   Western 
Indians.     As  soon  as  they  had  made  peace  with  S.  Carolina, 
they  came  to  Christanna  with  their  hostages  as  promised,  where 
he  conferred  with  them,  and  observed  their  great  desire  to  continue 
in  friendship  with  the  English.    But  in  the  night,  a  party  of  the 
Five  Nations  and  Tuscaroras  attacked  their  camp,  killed  five, 
wounded  two,  and  carried  off  some  prisoners.     It  was  only  with 


AMERICA    AND    WEST    INDIES.  19 

1717. 

great  difficulty  that  he  convinced  them  that  this  was  not  due  to 
treachery  on  the  part  of  the  English.  They  then  delivered 
eleven  of  their  children  as  hostages,  whom  he  placed  under  the 
care  of  the  same  schoolmaster  as  those  of  the  Tributary  Indians 
at  Christanna.  To  demonstrate  the  good  faith  of  the  English. 
he  sent  to  New  York  to  demand  the  release  of  the  prisoners 
carried  away  by  the  Indians,  and  to  propose  to  the  Governor 
that,  as  an  acknowledgment  which  might  repair  the  affront 
to  H.M.  Government,  the  Five  Nations  should  send  Deputies 
to  Virginia,  to  renew  the  peace  made  with  that  government  in 
1685.  But  though  Brigadier  Hunter  very  vigorously  pressed 
them  to  it,  they  will  not  treat  anywhere  except  at  Albany,  wheie 
they  expect  all  H.M.  Governors  to  attend  them.  After  the 
expense  the  Crown  has  been  at  in  presents  to  them,  he  cannot 
believe  it  is  H.M.  intention  that  they  should  entertain  such 
unreasonable  notions  as  that  their  alliances  extend  no  farther 
than  to  the  people  of  New  York.  With  the  approbation  of  the 
Council,  he  is  about  to  confer  at  Philadelphia  with  the  Governors 
of  New  York,  Maryland  and  Pennsylvania,  and  hopes  to  concert 
with  them  measures  to  render  the  Indians  more  obsequious  to 
the  several  interests  of  all  these  Provinces  etc.  Continues  : — 
There  are  very  just  grounds  to  suspect,  that  some  loose  fellows  who 
were  carrying  on  a  clandestine  trade  with  the  Tuscoruros,  con- 
trary to  the  laws  of  this  countrey ,  gave  intelligence  to  the  Northern 
Indians  of  the  arrival  of  the  Cattawbas  at  Christanna,  and  of 
their  being  encamped  without  their  arms,  wch.  encouraged  the 
one  to  fall  on  the  other.  This  occasioned  the  issuing  one  of  the 
Proclamations  herewith  sent,  for  prohibiting  that  clandestine 
trade.  This  shows  the  necessity  of  continuing  the  Indian  trade 
under  the  regulations  now  established  by  law,  and  how  little 
regard  those  people  have  to  the  peace  of  this  country,  who  would 
perswade  yor.  Lordps.,  by  setting  aside  the  late  Act  of  Assembly, 
to  leave  that  trade  again  at  large,  and  the  Indians  to  be  influenced 
by  the  pernicious  counsels  of  the  dreggs  of  the  people,  such  as 
used  heretofore  to  carry  on  that  trade,  and  who  if  they  can  pro- 
mote their  own  private  gain,  are  regardless  of  the  lives  even  of 
their  fellow  traders  and  much  less  of  the  publick  faith  of  Governmt. 
or  the  consequence  it  may  have  on  these  Plantations  to  engage 
the  heathen  in  blood.  Refers  to  case  of  Harry  Beverley.  v.  May 
1st.  Continues  : — Since  which  he  is  arrived  here,  having  made 
his  escape  from  La  Vera  Crux,  where  he  had  been  seven  moneths 
a  prisoner,  without  any  tryal,  tho  he  often  petitioned  for  it : 
but  they  took  early  care  to  confiscate  his  sloop  and  cargo,  that 
being  what  they  most  wanted,  but  upon  what  grounds  they 
founded  this  condemnation  is  yet  a  secret  to  all  except  themselves. 
From  the  time  of  Mr.  Beverleys  arrival  at  La  Vera  Crux  no 
subsistance  was  allow'd  either  for  himself  or  his  crew,  and  had 
it  not  been  for  the  charity  of  the  Assiento  Companys  Factors, 
they  must  have  perished  for  want.  I  have  sent  to  Collo.  Blakiston 
a  narrative  of  the  whole  matter  drawn  up  by  Mr.  Beverley, 
with  papers  referred  to  etc.  Since  I  gave  yor.  Lordps.  an  account 
of  the  manner,  with  which  some  of  the  Council  received  yr. 


20  COLONIAL    PAPERS. 

1717. 


Lordps.  opinion  concerning  the  appointmt.  of  Judges  of  the 
Courts  of  Oyer  and  Terminer  ;  some  criminals  committed  after 
the  last  General  Court  made  it  necessary  for  me  to  appoint 
one  of  those  Courts  to  be  held  the  2nd  Tuesday  of  June  :  and 
because  I  would  remove  that  wrong  notion  wch.  has  been  care- 
fully infused  into  the  people  here,  that  H.M.  has  not  the  same 
power  of  constituting  Judges  here,  as  in  England,  I  appointed 
five  of  the  Council,  and  four  other  of  the  principal  Gentlemen  of 
the  Countrey  to  be  the  Judges  of  this  Court ;  but  some  of  the 
former  resolving  still  to  adhere  to  their  first  opinion,  that  the 
Council  ought  to  be  the  sole  Judges  in  all  criminal  cases,  refused 
to  sitt,  tho  the  Attorney  General  and  all  the  other  eminent 
lawyers  here,  are  clearly  of  opinion  that  there  is  nothing  in 
any  law  of  this  countrey  01  in  the  Charter  of  King  Charles  the 
2nd  that  favours  their  pretensions  etc.  I  should  not  have  troubled 
y or.  Lordps.  on  this  head  etc.  but  that  it  is  become  a  practice 
of  late  to  hand  secret  Remonstrances,  without  my  knowledge, 
to  private  Agents  to  be  made  use  of,  for  carrying  on  underhand 
designs,  and  I'm  apprehensive  some  such  may  be  made  on  this 
occasion  :  And  therefore  I  was  willing  to  give  yor.  Lordps. 
some  intimation  of  this  dispute,  that,  you  may  not  be  surprized 
into  any  alteration  of  what  you  have  already  declared  to  be 
yr.  sentiments  thereof,  nor  made  to  believe  that  while  I  am 
contending  for  the  legal  right  of  the  Crown,  I  am  lessening 
the  just  priviledges  of  the  Council,  for  whatever  specious  arguments 
they  may  use,  'tis  certain  their  pretensions  are  as  new  as  frivolous, 
the  Constitution  of  England,  the  Laws  of  this  countrey,  and  the 
constant  practice  of  former  times  are  entirely  agt.  them,  and 
I  hope  yor.  Lordps.  will  give  no  countenance  to  anything  that 
shal  be  urged  in  their  behalf  till  I  have  an  opportunity  of  setting 
forth  what  may  be  justly  off  erred  in  support  of  H.M.  Prerogative, 
and  of  the  power  wch.  H.M.  has  been  pleased  to  grant  to  his 
Governors  for  nominating  such  Judges,  which  is  now  called 
in  question.  Signed,  A.  Spotswood.  Endorsed,  Reed.  29th 
Oct.,  Read  19th  Dec.,  1717.  6  pp.  Set  out,  Va.  Hist.  Soc. 
Spotswood  Papers,  II.  256  ff.  Enclosed, 

59.  i.  Remarks  upon  the  present  state  of  the  Treasury  rights  in 
Virginia,  with  proposals  for  an  enquiry  into  that  branch 
of  the  Revenue,  which  arises  from  the  sale  of  H.M.  lands, 
and  for  settling  hereafter  a  more  exact  method  in  account- 
ing for.  the  same.  In  1699  the  Governor  and  Council 
came  to  the  resolution  of  selling  the  King's  lands  at 
the  rate  of  £5  sterl.  per  1,000  acres.  The  Receiver- 
General  was  thereupon  directed  to  accept  money  on 
that  account  from  all  persons  whatsoever  ;  and  for 
as  many  crowns  sterling  as  he  should  receive  to  issue 
so  many  rights  to  the  person  paying  the  same.  These 
rights  entitle  any  person,  that  produces  them,  to  take 
up,  upoii  any  part  of  the  King's  land  within  this  Govern- 
ment, 50  acres  for  each  right,  and  pass  as  ready  money 
in  this  Colony.  These  rights,  (or  money-bills)  were 
never  subject  to  any  kind  of  audit  untill  this  present 


AMERICA    AND    WEST    INDIES.  21 

1717. 

year.  These  rights  do  not  issue  out  of  any  settled 
Office,  nor  at  any  appointed  times,  nor  in  any  ascer- 
tained quantity s,  nor  under  the  description  of  numbers, 
but  wherever  the  Receiver  General  is  mett  with,  he 
issues  them  at  his  pleasure  and  is  not  under  any  manner 
of  controul,  besides  the  oath  wch.  he  is  obliged  to  make 
to  his  general  accompt  of  the  Revenue.  He  usually 
writes  a  short  certificate  wch.  entitles  the  purchaser 
to  as  many  rights  as  is  then  paid  for.  Points  out  the 
dangers  and  inconveniences  of  such  a  system,  with 
proposals  for  regularising  the  issue  of  certificates  etc. 
Endorsed  as  preceding.  3  pp. 

59.  ii.  Proclamation  notifying  the  repeal  of  the  Act  declaring 
who  shall  not  bear  office  etc.  Williamsburgh,  April  20, 
1716.  Signed,  A.  Spots  wood.  Copy.  \\  pp. 

59.  iii.  Proclamation  for  preventing  frauds  in  the  Treasury 
rights  (v.  No.  1).  All  outstanding  Treasury  rights  are 
withdrawn,  but  upon  presentation  thereof  to  the 
Receiver  General  new  rights  will  be  issued  without  fees 
etc.  Williamsburgh,  Jan.  23rd,  1716  (1717).  Signed, 
A.  Spots  wood.  Copy.  2  pp. 

59.  iv.  (a)  Proclamation    prohibiting    all    unlawfull    trading 

and  correspondence  with  the  Tuscoruro  Indians. 
Clandestine  traders  with  the  Tuscoruros  are  suspected 
to  have  encouraged  them  and  divers  of  the  Senaquas 
to  attack  the  Cattabaw  Indians,  10th  April.  Only 
those  authorised  by  law  are  to  trade  with  the  Tuscoruro 
Indians,  under  penalty  of  3  months  imprisonment  etc. 
May  4th,  1717.  Signed,  A.  Spotswood.  1J  pp. 
(b)  Proclamation  giving  further  time  for  calling  in  the 
old  Treasury  rights.  Williamsburgh,  Aug.  13,  1717. 
Signed,  A.  Spotswood.  Copy.  1^  pp.  The  whole 
endorsed  as  covering  letter.  [C.O.  5,  1318.  Nos.  40, 
40  i.-iv. ;  and  (without  enclosures)  5,  1365.  pp. 
19-29.] 

Aug.  29.        60.     Order  of  King  in  Council.     Referring  following  to  the 
Hampton      Council  of  Trade  and  Plantations  for  their  report.     Signed,  Ja. 

Vernon.      Endorsed,    Reed.,    Read    4th    Sept.,    1717.      1J   pp. 

Enclosed, 

60.  i.  Petition  of  Col.  William  Codrington  to  the  King.     Heir 

and  executor  of  Governor  Christopher  Codrington, 
prays  H.M.  to  grant  him  763  acres  of  the  late  French 
part  of  St.  Christophers,  a  plantation  of  which  Governor 
Christopher  Codrington  took  possession  in  1691,  and 
improved  it,  until  Governor  Parke  seized  it  and  dis- 
possessed him  of  it,  and  after  him  Governour  Douglas 
tooke  possession  thereof.  Copy.  2  pp. 

60.  ii.  Col.  Codringtou's  Case  relating  to  the  above  plantation. 
1  p.  [C.O.  152,  12.  Nos.  35,  35  i.-ii.  ;  and  153,  13. 
pp.  100-107.] 


COLONIAL    PAPERS. 


1717. 

Aug.  29. 

Hampton 
Court. 


Aug.  29. 


Aug.  30. 

Whitehall. 


61.  Order  of  King  in  Council.  Referring  following  to  the 
Council  of  Trade  and  Plantations  for  their  report.  Signed, 
Ja.  Vernon.  Endorsed,  Reed.  7th  Sept.,  Primer 'd,  24th  Oct., 
1717.  Ip.  Enclosed, 

00.  i.  Petition  of  Stephen  Browne  to  the  King.  Prays  for 
grant  of  700  acres  in  St.  Christophers  etc.  as  Aug.  28. 
Copy.  1  \  pp. 

61.  ii.  Certificate  by  inhabitants  of  St.  Christophers  and 
Montserratt,  as  to  Stephen  Browne's  loyalty,  bravery 
and  sufferings  in  defence  of  those  Islands.  Signed, 
John  Lambert  and  10  others.  Copy.  1  p. 

61.  iii.  Stephen  Browne  to  the  Council  of  Trade  and  Plan- 

tations. Proposal  for  planting  700  acres  in  St.  Christo- 
phers as  Aug.  28.  Copy.  1J  pp.  [C.O.  152,  12. 
Nos.  49,  49  i.-iii.  ;  and  (without  enclosures)  153,  13.  pp. 
148,  149.] 

62.  Rowland   Try  on   to   the   Council   of   Trade   and   Plan- 
tations.    Proposes  on  behalf  of  the  following  to  purchase  plan- 
tations (described)  in  the  late  French  part  of  St.  Christophers, 
at  £6  per  acre,  or  as  much  more  as  any  other  person  shall  offer  ; 
for  Josper  Verchild  200  acres  ;    for  Capt.  Giles  Me  Arthur  200 
acres  ;    for  William  McDowall  200  acres  ;    for  James  Millikin 
200  acres  ;  for  Daniel  Burchall  200  acres  ;  for  Governor  Hamilton 
400  acres,  and  200  acres  of  little  value  for  as  much  as  any  other 
person   will  give  ;    for   John   Hutchinson,    100   acres.     Signed, 
Rowld.  Tryon.     Endorsed,  Reed.  30th  Augt.,  Read  4th  Sept., 
1717.     31  pp.     [C.O.  152,  12.     No.  33.] 

63.  Council    of    Trade    and    Plantations    to    Lt.    Governor 
Spotswood.     Acknowledge  letters  of   16th  Jan.,  23rd  and  24th 
May,  and  3rd  and  llth  July,  1716,  16th  and  30th  April,  30th  and 
31st  May,  1717,  and  one  without  date  (?  April  5th).     To  your 
letter  of  16th  April,  1717,  and  several  paragraphs  in  the  others, 
we  have  little  to  say  H.M.  having  been  pleas'd  to  repeal  the 
Act  for  the  better  regulating  the  Indian  Trade  as  you  will  see  by 
the  enclos'd  Order  of  Council,   (31st  July).     Give  Instructions 
as  directed  in  that  Order,  and  refer  to  other  Acts  repealed  thereby. 
Continue  : — You  will  take  care  that  H.M.  pleasure  herein  be 
publish'd.     You  tell  us  (v.  April  5th)  that  we  are  again  to  have 
under  our  consideration  the   Council's  pretensions  to   be  sole 
Judges  in  the  Courts  of  Oyer  and  Terminer.     We  have  not  yet 
had  any  application  made  to  us  upon  that  head.     But  as  it 
appears  to  us  at  present  you  are  fully  .empower'd  by  your  Com- 
mission to  constitute  and  appoint  Judges  ;  and  in  cases  requisite 
Commissrs.  of  Oyer   and  Terminer  which  will  be  a  good  rule 
for  you  to  act -by  till  it  shall  appear  that  this  authority  granted 
to  you  under  the  Great  Seal  of  England  has  been  repeal'd  by 
some  equal  or  superior  power.     We  have  consider'd  your  reasons 
against  the  Councillors  acting  in  two  capacity s,  vizt.  as  Councillors 
under  an  oath  and  as  the  upper  House  of  the  genii.  Assembly 
without,  upon  which  we  must  observe  that  the  Council  act  as 


AMERICA    AND    WEST    INDIES.  23 

1717. 

part  of  the  Legislature  by  vertue  of  their  being  Councillors  only, 
for  which  reason  we  cannot  conceive  why  they  make  that  dis- 
tinction you  mention.  The  other  distinction  which  you  say  they 
make  vizt.  that  they  are  not  to  give  their  opinion  upon  the 
legality  of  any  Act  of  Government,  because  as  they  are  Judges 
of  the  General  Court,  the  same  or  a  case  of  the  like  nature  may 
come  in  judgmt.  before  them  there,  this  we  conceive  to  be  a 
very  unreasonable  difficulty,  because  as  they  are  of  H.M.  Council, 
they  are  oblig'd  freely  to  deliver  their  opinions  in  all  matters 
relating  to  his  service  and  the  support  of  the  Government, 
wherefore  they  ought  to  declare  upon  every  matter,  that  may 
arise  in  Council,  relating  to  the  Government  what  they  think 
may  or  may  not  be  lawfully  done,  and  this  has  been  the  constant 
practice  of  such  Judges  in  England  as  have  had  the  honour  to 
sit  in  H.M.  Privy  Council  here.  As  to  the  setling  the  bounds  of 
Carolina  so  soon  as  we  have  receiv'd  the  answer  from  the  Lords 
Proprietors  we  shall  lay  that  matter  before  H.M.  for  his  directions, 
and  let  you  know  his  pleasure  thereupon.  We  have  laid  what 
you  write,  30th  April,  upon  the  proceedings  of  the  Government 
of  South  Carolina  etc.  before  H.M. ;  and  so  soon  as  we  are  in- 
form'd  of  H.M.  pleasure  therein,  we  shall  not  fail  to  give  you 
notice.  We  have  in  like  manner  laid  before  H.M.  by  a  Secretary 
of  State,  what  you  write,  30th  May,  relating  to  the  deficiencies 
of  the  Revenue  of  2s.  pr.  hogshead  etc.,  and  doubt  not  but  you 
will  have  timely  notice  of  H.M.  directions  thereupon.  Upon 
this  occasion,  we  cannot  but  commend  your  care  in  sending 
us  the  accts.  of  the  two  abovemention'd  revenues.  But  as  it 
frequently  happens  that  H.M.  wants  to  be  inform'd  of  the  state 
of  the  whole  or  some  particular  branches  of  the  Revenue  in  the 
Plantations,  we  are  not  able  to  comply  with  H.M.  commands 
therein  for  want  of  such  regular  accounts  as  governors  are 
requir'd  to  transmit  to  us,  wherefore  H.M.  has  been  pleas'd  to 
direct  us  to  remind  all  the  Governors  of  their  Instructions  in 
that  behalf,  and  to  require  them  to  send  us  constant  and  distinct 
accounts  of  the  several  branches  of  the  Revenue  in  their  res- 
pective Governments.  To  which  you  will  likewise  be  pleas'd 
to  add  an  establishment  of  the  constant  and  regular  expence  for 
the  support  of  the  Government,  distinguishing  particularly 
what  Revenues  are  appropriated  for  that  purpose  and  from  what 
causes  it  doth  proceed  that  the  same  falls  short  of  the  expences, 
together  with  a  separate  acct.  of  all  contingent  and  extraordinary 
charges.  And  it  will  be  absolutely  necessary  we  shou'd  be 
constantly  inform'd  of  the  number  of  acres  granted  by  H.M.  to 
the  several  Planters  in  every  distinct  county  of  your  Govern- 
ment together  with  the  rent  reserv'd  thereupon.  You  will 
also  let  us  know  how  the  publick  accts.  are  audited.  Whenever 
the  author  of  the  anonymous  letter  and  queries  shall  appear  to 
make  good  the  matters  therein  contain'd,  your  answer  and  the 
papers  therein  referr'd  to,  16th  Feb.,  will  be  of  use.  In  the 
meantime  you  may  assure  yourself  we  shall  not  report  anything 
upon  this  or  any  other  complaint  till  you  have  fully  had  an 
opportunity  to  justify  yourself.  So  we  bid  you  heartily  farewell 


24  COLONIAL    PAPERS. 

1717. 

and  are  your  very  loving  friends  and  humble  servants  etc.     [C.O. 
5,  1364.    pp.  522-528  ;  and  (rough  draft)  5,  1335.     pp.  207-215.] 

Sept.  3.         64.    Mr.   Secretary  Addison  to  the   Council  of  Trade  and 
Whitehall.     Plantations.     Several    papers    and    reports    from    your    Lops, 
having  been  laid  before  the  King,  and  the  Lords  of  the  Committee, 
I  am  to  signify  to  your  Lops.  H.M.  pleasure  on  each  of  them 
respectively,     (i.)  As  to  your  Lops.'  report  of  April  16th  last, 
H.M.  [approving  of  the  same  and]  being  further  well  satisfied 
with  the  conduct  of  Governor  Hamilton  in  declining  to  receive 
any  part  of  the  sum  granted  by  the  Assembly  [of  the  Leeward 
Islands]  till  H.M.  pleasure  should  be  known  therein  etc. ;   H.M. 
is  graciously  pleased  to  permit  the  said  Governor  to  receive  the 
£1,000  pr.  ann.  during  his  Royal  pleasure  ;   and  your  Lorps.  are 
to  prepare  a  new  Instruction  in  the  place  of  the  old  one  before- 
mentioned,    which    may    effectually    restrain    Governors    from 
receiving  gifts  and  presents,  and  yet  not  be  liable  to  the  difficultys 
and  objections  mentioned  in  your  Lops.'  report,     (ii.)  Pursuant 
to  your  Lops.'  report  of  the  6th  of  May  last,  etc.,  H.M.  approves 
of  the  conduct  of  the  Fishing  Admirals  [Weston  and  Cleeves], 
as  justifiable  by  law  and  agreeable  to  their  duty.     But  in  con- 
sideration that  Gallantry  als.  Tulon  among  others  remaining  at 
St.  Peter's,  took  the  oaths  of  fidelity  to  H.M.,  and  engaged  in 
the  Fishery  in  confidence  of  Her  late  Majesty's  letter,  and  the 
orders  given  thereupon  ;    it  is  H.M.  pleasure,  that  the  produce 
of  the  fish  taken  by  the  said  Tulon  at  St.  Peter's  and  sent  to 
Bilboa  be  restored  to  him,  after  the  said  produce  has  been  re- 
turned from  Bilboa  to  H.M.  according  to  the  tenour  of  your 
Lops',  report,     (iii.)  Upon  your  Lops',  report  of  31st  May  last, 
relating   to   the   piracy s   committed   in   the   West  Indies,   and 
particularly  in  the  seas  about  Jamaica,  H.M.  being  sensible  that 
the  British  Trade  in  those  parts  is  thereby  in  great  danger. 
He  has  been  graciously  pleased  to  give  such  orders  thereupon 
as  have  been  recommended  by  your  Lops'.,  in  the  first  place  H.M. 
has  signified  his  pleasure  to  the  Lords  of  the  Admiralty  that  one 
fourth  rate,  and  two  fifth  rate  men  of  warr  be  ordered  to  those 
seas  to  suppress  the  pirates,  and  protect  the  Trade,  unless  their 
Lops,   have   already  made   other   sufficient  provision  for  that 
service,  in  which  case  they  are  to  acquaint  me  therewith,  that 
[  may  lay  the  same  before  H.M.  without  loss  of  time.      21y. 
H.M.  has  ordered  a  Proclamation  to  be  prepared,  with  an  assurance 
of  H.M.  gracious  pardon  to  the  said  pirates,  provided  they  come 
in,  and  surrender  themselves  within  a  limited  time.     3dly.  H.M. 
has  appointed  a  Governor  of  the  Bahama  Islands,  who  will  be 
enabled  to  drive  the  pirates  from  their  lodgement  at  Harbour 
Island,  and  Providence,  represented  by  your  Lops,  to  be  the 
great  receptacle  of  the  pirates,     (iv.)  In  answer  to  your  Lops, 
of  the  8th  of  July  last,  containing  the  extract  of  a  letter  from  Col. 
Hamilton  etc.,  relating  to  a  settlement  intended  by  the  French 
at  Sta.  Lucia,  and  the  confiscation  of  a  British  ship  at  Martinico  : 
and  your  letter  of  Aug.  6th,  containing  the  copy  of  a  letter  from 
Col.  Spotswood  etc.,  concerning  the  seizure  of  an  English  ship 


AMERICA    AND    WEST    INDIES.  25 

1717. 

by  the  Spaniards,  and  making  several  of  H.M.  subjects  prisoners, 
I  am  to  acquaint  you  that  I  have  received  H.M.  commands  to 
transmit  the  former  to  H.M.  Envoy  Extry.  at  the  Court  of  Spain, 
that  the  proper  applications  may  be  made  for  redress  in  H.M. 
name,  on  the  respective  complaints  therein  exhibited,  (v.)  In 
pursuance  to  your  Lops',  report  of  the  26th  of  July  last,  on  the 
petition  of  Capt.  Rogers,  about  fortifying  and  settling  the  Bahama 
Islands,  H.M.  being  very  well  satisfied  with  your  Lops.'  represen- 
tation of  the  importance  of  those  Islands  to  the  British  Trade 
and  Navigation  in  those  parts,  as  also  with  the  character  which 
is  given  of  the  said  Captain  Rogers  by  the  most  considerable 
merchants  of  London  and  Bristol,  as  a  person  every  way  qualified 
for  such  an  undertaking,  He  is  pleased  to  appoint  the  said  Capt. 
Woodes  Rogers  to  be  Governor  of  the  Bahama  Islands,  and  of 
the  Garrison  which  shall  be  sent  thither,  and  to  order  your 
Lops,  to  prepare  draughts  of  a  Commission  and  Instructions  for 
that  purpose,  that  the  same  may  be  laid  before  H.M.  for  his  Royal 
approbation,  (vi.)  Your  Lops.'  representation  of  the  16th  inst. 
upon  the  memorial  of  Lord  Archibald  Hamilton  etc.,  having  been 
also  laid  before  H.M.,  He  is  graciously  pleased  to  approve  the 
same  ;  and  whereas  your  Lops,  have  set  forth,  that  the  Assembly 
of  Jamaica  did  neglect  to  reimburse  the  £2,706  6s.  3d.,  tho'  recom- 
mended by  H.M.  letter,  13th  May,  1715,  I  am  to  signify  to  your 
Lops.  H.M.  pleasure  that  the  said  sum  be  paid  to  the  Lord 
Archibald  and  others,  to  whom  the  same  is  due,  out  of  the  first 
and  readiest  of  the  Revenues  of  that  Island  unappropriated,  but 
in  case  your  Lops,  find  the  entire  Revenue  of  the  sd.  Island  to 
be  appropriated,  your  Lops,  are  to  draw  up  an  Instruction  for 
Sr.  Nicholas  Lawes  to  recommend,  to  the  Assembly  at  their  next 
meeting  in  the  most  effectual  manner  to  make  provision  for  so 
just  a  debt :  and  whereas  the  memorialists  lent  the  said  sum  to 
supply  the  exigences  of  the  Government,  and  this  debt  has  stood 
out  so  long  a  time,  and  whereas  likewise  very  large  interest  has 
been  allowed  by  an  Act  of  Assembly  on  the  10th  Nov.  last  to 
Col.  Heywood  the  present  Commander  in  Chief  of  Jamaica,  for 
money  advanced  by  him  on  the  like  service  ;  it  is  H.M.  further 
pleasure,  that  interest  be  also  payed  to  the  memorialists,  according 
to  the  ordinary  rate  of  interest  in  Jamaica,  for  so  long  a  time  as 
they  have  been  kept  out  of  their  money,  and  as  to  the  arrears 
of  salary  and  other  debts  claimed  by  the  Lord  Archibald  Hamil- 
ton out  of  the  Revenues  of  Jamaica,  H.M.  defers  to  declare 
His  pleasure  therein,  till  Sr.  Nicholas  Lawes,  after  his  arrival 
there,  shall  have  transmitted  an  account  of  what  shall  appear 
to  be  justly  due  to  his  Lop.  (vii.)  Your  Lops,  having,  28th 
Aug.  last,  represented  the  necessity  you  are  under,  of  having 
recourse  from  time  to  time  to  several  of  the  Plantation  Laws, 
but  by  reason  the  said  Laws  are  contained  in  several  large  bundles 
of  parchment,  it  is  difficult  and  tedious  to  come  at  what  is  im- 
mediatly  wanted  ;  for  which  reason  your  Lops,  think  it  will 
be  for  H.M.  service  that  you  should  have  an  order  to  H.M. 
Printer  to  print  from  time  to  time  such  of  the  said  Laws  as  your 
Lops,  should  send  him,  H.M.  is  graciously  pleased  to  comply 


COLONIAL    PAPERS. 
1717. 


with  this  your  Lops.'  proposal,  and  I  am  to  give  such  an  order 
to  H.M.  Printer  as  is  therein  mentioned.  Signed,  J.  Addison. 
Endorsed,  Reed.,  Read  4th  Sept.,  1717.  5  pp.  [C.O.  152,  12. 
No.  34  ;  and  153,  13.  pp.  92-100.] 

Sept.  3.         65.     Mr.   Secretary  Addison   to   the   Council  of  Trade   and 
Hampton     Plantations.     Referring  following  for  their  opinion  what  H.M. 
k>urt.       may   f^jy   £Q  ^herein.     Signed,   J.   Addison.     Endorsed,   Reed. 
27th  Sept.,  Read  23rd  Oct.,  1717.     Superscribed, 

65.  i.  Petition  of  Edward  James,  John  Beswick,  William  Hay- 
man  and  other  Merchants  residing  in  Jamaica  to  H.R.H. 
Prince  of  Wales,  Guardian  of  the  Realm.  Since  the 
cessation  of  arms  concluded  between  Great  Britain 
and  Spain,  1712,  a  great  number  of  sloops  and  vessels 
belonging  to  H.M.  subjects  in  Jamaica  and  laden  with 
very  valuable  effects  have  been  pyratically  and  unjustly 
taken  and  seized  by  Spanish  vessels  and  by  them  carried 
into  Trinidado  and  other  Spanish  ports  etc.  Governor 
Lord  A.  Hamilton  did  dispatch  letters  and  persons 
in  their  behalf  to  the  several  Governments  of  the  Spanish 
ports  to  obtain  justice  and  restitution,  and  to  know 
the  reason  why  such  vessels  were  so  illegally  taken 
and  detained,  but  no  satisfaction  could  be  obtained  etc. 
Several  of  the  said  seizures  were  made  within  sight 
and  under  the  land  of  Jamaica,  and  depredations  have 
even  been  committed  within  the  country  ;  divers  of 
H.M.  subjects  killed,  wounded  and  made  prisoners 
in  defence  of  their  ships  and  goods,  and  some  of  them 
murder 'd'  in  cold  blood,  etc.  Pray  for  relief  and  satis- 
faction. Signed.  Wr.  Parrott,  Agent  for  petitioners. 
The  whole,  1  p. 

65.  ii.  Planters  and  merchants  concerned  in  Jamaica  now 
residing  in  Great  Britain  to  H.R.H.  the  Prince  of 
Wales,  Guardian  of  the  Realm  etc.  To  same  effect  as 
preceding.  Pray  that  Mr.  Pitt's  departure  to  his  govern- 
ment may  be  expedited,  with  suitable  instructions,  etc., 
and  that  the  Trade  may  be  protected  by  a  sufficient 
number  of  proper  ships  of  war,  etc.  Dec.  28,  1716. 
Signed,  John  Orgill  and  42  others.  1%  pp. 
65.  iii.  List  of  British  sloops  and  vessels  taken  by  the  Spaniards 
since  the  Peace  and  carried  into  Spanish  ports.  Total, 
37  ;  Value,  £76,143  10s.  6d.  (including  £600  for  24 
negroes  carried  off  from  Major  Cook's  plantation  to 
Trinidado,  by  Spaniards  who  landed  in  the  night- 
time). Endorsed,  Reed.  27th  Sept.,  Read  23rd  Oct., 
1717.  1  large  p.  [C.O.  137,  12.  Nos.  90,  90  i.-iii.  ; 
and  138,  15.  pp.  477-484.] 

Sept.  3.  66.  Governor  Hamilton  to  the  Council  of  Trade  and  Plan- 
tations. About  the  latter  end  of  July  last  I  had  an  Order  brought 
me  by  one  Clement  Crooke  Esq.  of  St.  Christopher's  from  H.M. 
in  Council  bearing  date  the  30th  March  last  containing  directions 


AMERICA    ANI>    WEST    INDIES.  27 

1717. 

for  allowing  examinations  to  be  taken  on  oath  and  certified 
under  the  Seals  of  these  Islands  for  supporting  *a  complaint 
made  against  me  on  behalf  of  one  Martha  Assaillie  ;  as  well  as 
orders  for  my  making  a  state  of  the  matters  in  question  ;  in 
obedience  to  which  order  I  immediately  appointed  John  Pinney 
and  John  Spooner  Esqrs.  to  act  as  Commissioners  on  my  behalf 
for  taking  the  examinations  of  such  persons  as  should  be  produced 
as  witnesses  on  behalf  of  the  said  complainant,  whereupon  they 
met  at  the  Island  of  St.  Christopher's  some  short  time  after, 
and  in  conjunction  with  John  Willett  Esq.  on  behalf  of  the 
said  complainant  took  several  examinations  on  her  part,  the 
which  were  brought  to  me  about  the  latter  end  of  the  last  month 
by  the  said  Crooke  in  order  to  have  the  Seal  affixed  thereto, 
which  I  have  accordingly  done  but  do  not  think  it  proper  to 
have  them  transmitted  until  I  can  cross-examine  the  said  witnesses 
and  take  the  examination  of  several  to  justifie  my  conduct  in 
that  affair,  which  I  shall  do  with  the  utmost  expedition  as  soon 
as  I  come  to  the  Island  of  St.  Christopher's  ;  But  as  I  am  appre- 
hensive that  some  farther  complaint  may  be  made  against  me 
under  pretence  of  my  delaying  or  disobeying  H.M.  Order  I  take 
this  opportunity  to  acquaint  your  Lordships  that  nothing  on 
my  part  shall  be  wanting  to  render  obedience  to  H.M.  commands 
etc.  Signed,  W.  Hamilton.  Endorsed,  Reed.  18th,  Read  19th 
Nov.,  1717.  1  p.  [C.O.  152,  12.  No.  55;  and  153,  13.  pp. 
172-174.] 

Sept.  3.  67.  Mr.  Secretary  Addison  to  John  Basket,  H.M.  Printer. 
I  am  commanded  to  signify  H.M.  pleasure  to  you,  that  you 
do  print  all  -such  Plantation  Laws,  as  you  shall  from  time  to 
time,  receive  for  that  purpose,  from  the  Lords  Commissioners 
for  Trade  and  Plantations  (v.  Aug.  28).  Signed,  J.  Addison. 
Endorsed,  Reed.  4th  Sept.,  Read  18th  Oct.,  1717.  Copy.  1  p. 
[0.0.323,7.  No.  110.] 

Sept.  3.         68.     Mr.   Secretary  Addison  to  the   Council  of  Trade   and 
Hampton     Plantations.     Referring    following    for    their    report.     Signed, 
J.   Addison.    Endorsed,   Reed.,   Read   4th    Sept.,    1717.     J  p. 
Overleaf, 

68.  i.  Petition  of  the  Agents  of  Barbados  to  the  King.  The 
Bishop  of  London  hath  lately  given  a  Commission  to 
one  Gordon,  by  the  power  of  which  he  doth  attempt  to 
erect  an  Ecclesiastical  Court  there,  from  which  no  good 
can  result,  but  abundance  of  mischief,  and  it  is  to  be 
apprehended  from  the  temper  and  principles  of  many 
of  the  Clericks  there,  but  more  especially  of  Gordon, 
and  two  other  priests  whom  the  said  Bishop  hath  re- 
commended to  benefices  there,  one  of  which  is  Dominick 
Langton,  formerly  a  Friar,  and  who  a  few  years  ago 
was  censured  by  the  House  of  Commons  in  Ireland, 
for  obstructing  the  conversion  of  several  Papists  to 
the  Protestant  Religion,  and  other  scandalous  practices, 
that  such  a  Court  will  clash  with  your  Majesty's  civil 


COLONIAL    PAPERS. 


1717. 


Sept.  4. 

Whitehall. 


Sept.  4. 

Whitehall. 


Sept.  4. 

Whitehall. 


Sept.  4. 

Whitehall. 


Sept.  5. 

Hampton 
Court. 


Sept.  5. 


Government,  and  the  municipal  laws  of  that  country, 
and  that  the  officers  of  the  said  Court  being  very  numer- 
ous, and  having  most  of  them  no  other  subsistance,  but 
what  must  arise  from  the  exercising  this  spiritual  juris- 
diction, will  probably  stir  up  innumerable  suits  etc.  in 
order  to  get  money  by  them.  If  this  Court  is  suffered 
to  go  on,  it  will  probably  ruin  the  flourishing  state  of 
that  Island,  by  embarrassing  the  Government,  vexing 
and  tormenting  the  gentry,  depauperatting  the  sub- 
stantial freeholders,  and  utterly  ruining  the  common 
people.  Pray  for  EM.  relief  etc.  1  p.  [C.O.  28,  15. 
Nos.  11,  11  i.  ;  and  29,  13.  pp.  389-391.] 

69.  Council  of  Trade  and  Plantations  to  Governor  Hunter. 
Enclose  Mr.  Secretary  Addison's  letter  Aug.  22  etc.     Continue; 
The   reports   of   your   removal   are   malicious   and   groundless. 
This  you  may  make  known  in  such  manner  as  you  shall  think 
the  most  likely  to  silence  such  reports  and  defeat  such  practices 
for  the  future.     We  shall  do  all  that  in  us  lyes  to  discourage  the 
same  as  opportunity  shall  offer.     Set  out,  N.J.  Arch.  1st  Ser.  iv. 
327.     [C.O.  5,  995.     pp.  337,  338.] 

70.  Mr.   Popple  to  Mr.   Solicitor-General.     The   Council  of 
Trade  and  Plantations  desire  your  opinion  in  point  of  law  upon 
the  inclosed  Act  of  Barbados,  1717,  to  dock  the  intail  of  certain 
lands  in  the  parishes  of  Christ  Church  and  St.  Michael,  and  to 
vest  the  fee  simple  in  Alice  Tickle  and  Francis  Jemmot  respectively, 
etc.     [C.O.  29,  13.    p.  388.] 

71.  Same   to  Same.     Asks   for  his  opinion  in  point  of  law 
upon  an  Act  of  New  York,   1712,  to  enable   William  Anderson 
to  sell  a  lot  of  land  in  Queen  Street  etc.     [C.O.  5,  1123.    p.  452.] 

72.  Same  to  Same.    Encloses  Act  passed  at  St.  Christophers 
26th  March  last,  to  impower  the  Surveyors  of  the  highways  to  turn 
the  Windward  Common  path  to  the  Eastward  of  Clay  Hill  in  the 
quarter  of  Basseterre,  for  his  opinion  thereupon  in  point  of  law 
etc.     [C.O.  153,  13.     p.  107.] 

73.  Copy    of    H.M.    Warrant   to    Governor    Hamilton,    for 
receiving   £1,000  per  ann.   that  money  in  lieu  of  house-rent, 
pursuant   to   an   Act   of   Antego.     Countersigned,   J.   Addison. 
Endorsed,  Reed.  7th,  Primer'd  9th  Sept.,  1717.     3f  pp.     [C.O. 
152,  12.     No.  37  ;  and  324,  33.    pp.  94-96.] 

74.  List  of  (37)  planters  in  the  French  Quarter  that  have 
no  plantations  in  the  English  Quarter,  and  of  those  who  have  (18). 
List  of  lands  given  back  to  French  Protestants  or  belonging  to 
them.    Endorsed,    Reed,    (from    Mr.    Bladen),    Primer'd,    5th 
Sept.,  1717.     1  p.     Enclosed, 

74.  i.  List  of  those  who  have  built  houses  by  vertue  of  grants 
in  the  French  town  Basse  Terre.  30  names.  }  p. 
[C.O.  152,  12.  Nos.  36,  36  i.] 


AMERICA    AND    WEST    INDIES.  29 


1717. 

Sept.  5.         75.     Order  of  King  in  Council.     Approving  Representation 

Hampton     of  Aug.  29,  and  appointing  John  Colleton  to  the  Council  of 

Court.       Barbados.     Signed,   Ja.    Vernon.     Endorsed,    Reed.    5th,    Read 

6th  Nov.,   1717.     1J  pp.     [C.O.  28,   15.     No.  21  ;    and  28,  39. 

No.  5  ;  and  29,  13.    pp.  424,  425.] 

Sept.  6.  76.  A  computation  of  the  charge  of  transporting  500  Palatines 
to  the  Bahama  Isles.  Provisions,  clothing,  bedding,  passages 
and  medicine,  £2.500.  £5  per  head  to  be  advanced  by  the 
undertakers  for  their  support  and  repaid  by  their  produce  in 
3  or  4  years,  £2,500.  "  There  is  a  person  in  London  who  will 
procure  £50  per  annum  for  a  minister  and  £30  per  annum  for 
a  schoolmaster  for  them  etc.  P.S.  Since  the  above  was  drawn 
up,  100  of  these  Palatines  have  sold  themselves  for  servants 
to  Pensilvania  for  5  years  and  their  children  that  are  20  years 
old  to  serve  to  that  time  and  5  years  after,  the  400  left  cannot 
do  the  like  for  want  of  masters,  and  having  sold  all  their  clothes 
and  utensils  to  subsist  themselves  will  soon  be  in  a  miserable 
condition"  etc.  Without  signature.  [?  By  Messrs.  Sam.  Buck  fr 
Co.]  1J  pp.  [C.O.  23,  12.  No.  76.] 

Sept.  11.  77.  Deposition  of  Samuel  Cox  of  Barbados.  On  7th  Aug. 
his  long  boat  with  some  negroes  on  board  was  blown  away  [?  to 
Martinique,  v.  Nov.  17,  1718]  etc.  Signed,  Sam.  Cox.  Endorsed, 
Reed.,  Read  25th  Nov.,  1718.  f  p.  [C.O.  28,  15.  No.  40.] 

[Sept.  11.]  78.  Sir  Nicholas  Lawes  to  the  Council  of  Trade  and  Plan- 
tations. Prays  that  H.M.  pleasure  may  be  fully  declared  con- 
cerning the  continuance  and  subsistance  of  the  soldiers,  the 
payment  of  the  publick  debts  and  supporting  the  Revenue  of 
Jamaica.  The  Act  to  oblige  several  inhabitants  to  provide  them- 
selves with  a  sufficient  number  of  white  people  seems  to  indicate  that 
it  is  the  intention  of  the  makers  of  this  law  not  to  subsist  the 
soldiers  beyond  Sept.  19th,  1717.  The  necessity  of  the  contin- 
uance of  the  soldiers  has  been  lately  owned  by  the  present  Govr. 
and  Council,  for  the  Commander  of  the  man  of  war  Snow  having 
made  an  offer  to  the  merchants  to  convey  ships  clear  of  the 
pyrates,  so  they  could  procure  him  30  or  40  soldiers,  the  Governor 
and  Council  determined  that  the  present  circumstances  of  the 
Island  would  by  no  means  admit  any  soldiers  to  be  spared  from 
it.  Endorsed,  Reed,  llth,  Read  27th  Sept.,  1717.  1J  pp. 
[C.O.  137,  12.  No.  68  ;  and  138,  15.  pp.  326-329.] 

Sept.  12.  79.  Samuel  Barwick  to  the  Council  of  Trade  and  Plantations. 
In  July,  1715,  the  writer  obtained  leave  from  Governor  Lowther 
to  come  to  England.  Having  been  detained  by  the  deferring 
of  the  decision  of  the  Lords  of  the  Committee  in  the  appeal  of 
the  Widow  Peers  from  the  Court  of  Chancery  in  Barbados, 
respondent  applies  for  extension  of  leave  etc.  (v.  Aug.  29).  Signed, 
Saml.  Barwick.  Endorsed,  Reed.,  Read  12th  Sept.,  1717.  ij 
pp.  [C.O.  28,  15.  No.  13.] 


30 


COLONIAL    PAPERS. 


1717. 
Sept.  12. 

Hampton 
Court. 


Sept.  12. 

Hampton 
Court. 

Sept.  12. 


Sept.  13. 


Sept.  17. 

Hampton 
Court. 


Sept.  17. 

Boston. 


80.  H.M.  Commission  to  John  Wentworth  to  be  Lt.  Governor 
of    New    Hampshire.     Countersigned,    J.    Addison.     Endorsed, 
Reed    Primer'd  20th  Sept.,  1717.     1J  pp.     Set  out,  N.H.  Hist. 
Soc    Coll.  I.   142  ;    and  N.H.  Prov.  Papers,  II.  712.     [C.O.  5, 
866*.     No.  123  ;  and  324,  33.     pp.  97,  98.] 

81 .  H.M.  Warrant  for  John  Colleton  to  be  of  the  Council  of 
Barbadoes.     Countersigned,  J.  Addison.     [C.O.  324,  33.    p.  99.] 

82.  Col.  William  Codrington  to  the  Council  of  Trade  and 
Plantations.     Offers  £8  per  acre  for  several  plantations,  containing 
2,000  acres,  in  the  Capisterre  division  of  St.  Christophers.     Signed, 
Wm.   Codrington.     Endorsed,   Reed.,    Read    27th    Sept.,    1717. 
|  p.     [C.O.  152,  12.     No.  41.] 

83.  Joseph  Martyn,  Micajah  Perry  and  others  to  the  Council 
of  Trade  and  Plantations.     Reasons  offered  against  disposing 
of  the  late  French  part  of  St.  Christophers  in  the  gross,  or  to  any 
others  than  the  present  Proprietors.     Purchasers  in  gross  will 
either  resell  at  excessive  terms  or  develop  them  in  large  parcels. 
Small  plantations  should  be  encouraged  for  peopling  and  strength- 
ening the  Island.     The  present  possessors  have  an  equitable 
claim  to  the  lands  they  have  improved  etc.     Signed,  Joseph 
Martyn,   Micajah   Perry,   Danl.   Alford,   Wm.   Coleman,   Alexr. 
Woodrop,    John    Travers,    Joseph    Travers.     Endorsed,    Reed. 
Read  25th  Sept.,  1717.     7  pp.     [C.O.  152,  12.     No.  38.] 

84.  H.M.  Warrant  for  Robert  Jenny,  Clerk,  to  be  Chaplain 
to  the  Four  Independent    Companys  of  Foot  at  New  York. 
Countersigned,  J.  Addison.     [C.O.  324,  33.     pp.  114,  115.] 

85.  Archibald  Cumings  to  the  Council  of  Trade  and  Plan- 
tations.    Acknowledges  letter  etc.  of  12th  Dec.  last.     Continues  : 
I  must  humbly  represent  that  if  such  seizures  of  wooll  [transported 
from  one  Colony  to  another]  doe  not  ly  to  be  tryed  in  the  Court 
of  Admiralty  here  it  will  be  difficult  ever  to  condemn  such  seizures 
in  the  Courts  of  Common  Law  because  both  Judges  and  Jurys 
are  generally  parties  concerned  and  things  of  this  nature  being 
destructive  to  the  woolen  manufactures  here  it  cannot  be  expected 
to  have  that  justice  in  the  Common  Law  Courts  as  in  the  Court 
of  Admiralty  where  all  other  seizures  upon  the  breach  of  the 
Acts  of  trade  are  cognoscible.     Acknowledges  letter  of  2nd  March 
etc.  and  refers  to  enclosure.     Continues  : — Wee  have  had  imported 
this  year  to  this  time  about  1,400  pipes  of  Azores  wines,  Madera, 
and  Canary  wines  into  this  port  and  about  1,500  hhds.  of  rume 
from  our  own  Islands  besides  a  vast  deal!  of  suger  and  molosses 
here  was  built  in  this  Colony  last  year  from  Aprill  to  Aprill  last 
about  160  saill  of  vessels  computing  one  with  another  att  50 
tun  each  makes  8,000  tun  of  shipiug   and  the  preceding  year 
about  148  saill :  wee  have  exported  since  Christmas  to  Midsummer 
for  Great  Brittain  5,041  brls.  tarr,  4,934  brls.  turpentine  and 
3,617  brls.  of  pitch  from  this  port  but  for  your  Lordships  more 


\ 


AMERICA    AND    WEST    INDIES.  31 

1717. 

particular  information  refers  to  the  quarterly  accounts  trans- 
mitted of  the  imports  and  exports  from  each  Collector's  district 
to  the  Commissioners  of  the  Customes  etc.  I  have  sent  your 
Lordships  a  draught  of  the  Brittish  Empire  in  North  America 
by  which  your  Lordships  will  see  its  scituation  and  the  incon- 
veniencies  these  Colonies  may  be  exposed  to  by  the  French 
settlements  upon  our  backs  (in  case  of  another  warr)  if  timely 
care  be  not  taken  by  putting  all  the  Colonies  upon  an  equal  foot 
of  Government  and  protection,  etc.  Signed,  Archd.  Cumings. 
Endorsed,  Reed.  4th,  Read  6th  Dec.,  1717.  Addressed.  I  p. 
Enclosed, 

85.  i.  Imports  of  foreign  and  enumerated  commodities  im- 
ported into  Boston  in  New  England,  1714.  Molosses, 
1,074  hhds.,  55  barrels,  937  teirces;  Sugar,  53  hhds., 
35  barls.,  59  teirces ;  Logwood,  1,434  tuns ;  Rum, 
29  hhds.,  20  barls.,  44  teirces  ;  Cocoa,  6  ;  Cotton  wool, 
32.  1715,  Molosses,  900  h.,  119  b.,  745  t.  ;  Sugar,  3  h., 
186  b.,  48  t.  ;  Logwood,  803  tuns  ;  Rum,  19  h.,  5  b.,  26 1.  ; 
Cocoa,  66;  Cotton  wool,  9.  1716,  Molosses,  800  h., 
137  b.,  778  t.  ;  Sugar,  4  h.,  521  b.,  116  t.  ;  Logwood, 
275  tuns  ;  Rum,  23  h.,  25  b.,  28  t.  ;  Cocoa,  98  ;  Indigo, 
4£  ;  Cotton  wool,  9.  1717,  (half  year  to  Midsummer), 
Molosses,  388  h.,  328  b.,  645  t.  ;  Sugar,  215  b.,  12  t.  ; 
Logwood,  60  tuns  ;  Rum,  12  h.,  8  b.,  6  t.  ;  Cocoa,  1 ; 
Indigo,  1  ;  Cotton  wool,  63.  Signed,  Archd.  Cuming, 
Surveyor  and  Searcher,  1  p.  [C.O.  5,  866.  Nos. 
128,  128  i.  ;  and  5,  915.  pp.  65-68.] 

Sept.  18.  86.  Sir  Alexander  Cairnes  and  James  Douglas  to  the  Council 
of  Trade  and  Plantations.  Details  of  proposed  settlement  in 
Nova  Scotia  of  200  persons  within  three  years  in  case  there  be  no 
war  with  France  or  Spain,  etc.  (No.  3  i.)  Undertakers  first  intend 
to  build  a  small  town  stockaded  round  for  securing  the  settlers 
they  shall  send  over  to  be  employed  in  making  naval  stores,  etc. 
As  this  country  is  cold  and  not  fit  for  any  manufacture  the 
settlers  must  have  their  whole  supplies  from  Great  Britain  etc. 
If  at  any  time  hereafter  H.M.  shall  think  it  necessary  to  erect 
a  fort  on  that  coast,  the  place  pitched  upon  by  H.M.  shall  be 
assigned  for  that  end,  if  not  already  built  upon.  The  under- 
takers do  not  desire  to  hinder  any  persons  from  fishing  in  the 
seas  of  the  said  districts.  They  desire  to  be  under  such  form  of 
government  as  H.M.  shall  hereafter  be  pleased  to  appoint  and 
establish  there.  As  this  country  is  a  meer  wilderness,  'tis  hoped 
all  due  encouragement  will  be  given  to  the  undertakers,  who 
are  ye  first  proposers  for  the  settlement  thereof,  in  doing  of  which 
they  must  lay  out  considerable  sums  of  money,  (v.  Aug.  2). 
Signed,  Alex.  Cairnes,  James  Douglas.  Endorsed,  Reed.,  Read 
18th  Sept.,  1717.  2£  pp.  [C.O.  217,  2.  No.  35  ;  and  218, 
1.  pp.  330-333.] 

Sept.  18.        87.     Council  of  Trade   and   Plantations  to  the   King.     Re- 
Whitehall,     presentation  on  Mr.  Barwick's  petition  (v.  Aug.  29th  and  Sept. 


32  COLONIAL    PAPERS. 

1717. 

12).  The  time  of  his  absence  from  Barbados  without  your 
Majesty's  leave  will  be  two  years  at  Michaelmas  next  so  that 
according  to  your  Majesty's  Instructions  to  the  Governors  of 
that  Island  his  place  in  the  Councill  is  become  vacant.  But  (for 
reasons  given  Sept.  12)  we  have  no  objection  why  your  Majesty 
may  not  restore  him  to  his  place  and  precedency  therein,  and 
further  to  allow  him  to  continue  here  so  much  longer  as  may 
be  necessary  for  the  affairs  which  brought  him  hither,  etc.  [C.O. 
29,  13.  pp.  395-397.] 


[Sept.  18.]  88.  Bishop  of  London  to  Governor  Lowt her.  Reply  to  May  11, 
No.  ii.  q.v.  As  to  Dominick  Langton,  (v.  No.  68  i.)  I  take  it  the 
House  of  Commons  of  Ireland  did  inflict  all  the  punishment  they 
thought  proportionable,  nothing  being  mention'd  of  his  exclusion 
from  preferment  in  any  other  Church.  Major  Mason  of  the 
Tower  assured  me  you  had  promised  to  provide  for  him,  which 
I  think  you  told  me  also,  etc.  As  to  Acourt,  if  he  have  again 
lost  his  senses,  I  shall  be  oblig'd  to  you  for  not  employing  him 
etc.  As  to  my  appointment  of  a  Commissary,  by  the  terms  you 
quote  I  have  so  exactly  guided  myself  by  the  tenour  of  the  Article 
in  your  Instructions  that  it  is  impossible  there  should  be  room 
for  any  cavil,  etc.  If  Mr.  Gordon  have  so  far  mistaken  himself 
as  to  pretend  to  erect  such  a  Court  and  exercise  such  a  Juris- 
diction as  you  very  amply  explain,  he  has  done  it  without  any 
advice  or  direction  from  me,  and  in  case  it  be  inconvenient, 
it  is  in  your  judgment  how  far  it  shall  be  permitted,  yet  so  as 
that  you  countenance  and  support  him  in  the  exercise  of  such 
jurisdiction  as  his  predecessors  have  used  or  even  with  such 
farther  enlargements  as  the  state  of  Religion  in  the  Island  shall 
require  consistently  with  the  peace  of  it.  For  I  have  not  from 
any  other  Colony  so  melancholy  an  account  of  the  state  of 
religion  as  frpm  yours,  especially  if  it  be  true,  that  not  long  ago 
a  presentment  was  prepared  by  your  Grand  Jury  to  complain 
of  the  Clergy  as  a  nusance  to  the  Colony.  I  am  indeed  perswaded 
the  attempt  was  as  malicious,  as  unheard  of  among  Christians  ; 
nevertheless  it  may  possibly  have  some  such  foundation,  as  to 
render  it  necessary  to  have  a  careful  inspection  into  the  behaviour 
of  the  Clergy  with  you,  and  it  is  therefore  the  more  my  duty  to 
do  my  part  in  the  method  hitherto  practised,  which  is  by  appoint- 
ing a  Commissary.  Your  demanding  of  me  to  produce  Letters 
Patents  to  authorize  me  to  exercise  Ecclesiastical  Jurisdiction  is 
more  proper  for  the  consideration  of  H.M.  and  his  Ministers,  than 
mine,  who  can  best  judge  whether  it  is  fit  that  you  obey  H.M. 
Instructions  or  no.  I  can  assure  you  no  Governor  in  the  other 
Colonies,  in  which  there  are  seven  Commissarys  make  any  such 
demand  or  the  least  objection.  As  to  the  hard  words  you  give 
Mr.  Gordon,  they  are  very  contrary  to  the  accounts  I  have  had 
and  still  have  of  him ;  however  I  send  him  a  copy  of  your  letter, 
and  leave  him  to  answer  for  himself.  Copy,  without  date  or 
signature.  Endorsed,  Reed,  (from  the  Bishop  of  London),  Read 
18th  Sept.,  1717.  2J  pp.  [C.O.  28,  15.  No.  15.] 


AMERICA    AND    WEST    INDIES. 


33 


1717. 
Sept.  18. 

Whitehall. 


89.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Addison.  Reply  to  July  19th.  The  Receiver-General  of  Jamaica 
has  been  oblig'd  to  pay  the  £620  out  of  his  own  stock  to  John 
Chaplin  the  Receiver  appointed  by  the  Jamaica  Additional  Duty 
Act,  wch.  we  think  a  very  great  hardship  and  injustice  to  H.M. 
Patent  Officer,  and  an  incroachment  upon  the  Prerogative.  And 
therefore  we  are  humbly  of  opinion,  that  H.M.  be  graciously 
pleased  to  give  an  Instruction  to  His  Governor  now  going  over, 
that  he  move  the  Assembly  in  H.M.  name  that  they  take  care 
to  reimburse  the  said  Knight  the  said  sum,  with  the  usual  interest 
of  the  Island  for  the  same.  Cf.  A.P.C.  IT.  No.  1283.  [C.O. 
138,  15.  pp.  296-298.] 


Sept.  18. 
Whitehall. 


90.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Addison.  Enclose  following  to  be  laid  before  H.M.  in  obedience 
to  Order  of  July  31st.  Annexed, 

90.  i.  Draught  of  H.M.  Additional  Instruction  to  the  Gover- 
nors of  Plantations.  Whereas  by  Our  Instructions  to 
you,  you  are  required  not  to  pass  any  law  of  an  extra- 
ordinary or  unusual  nature  and  importance,  whereby 
our  Prerogative  or  the  property  of  our  subjects  may  be 
prejudiced  without  having  either  first  transmitted 
unto  us  the  draught  of  such  a  bill  or  bills  and  our  having 
signifyed  our  Royal  pleasure  thereupon  or  that  you 
take  care  in  the  passing  of  any  Act  of  an  unusual  and 
extraordinary  nature  that  there  be  a  clause  inserted 
therein  suspending  and  deferring  the  execution  thereof 
untill  our  pleasure  be  known  concerning  the  said  Act 
etc.  It  is  our  further  will  and  pleasure,  that  you  do 
not  for  the  future  pass  any  Act  which  may  any  ways 
affect  the  Trade  or  Shipping  of  this  our  Kingdom, 
without  a  clause  expressly  declaring  that  the  said  Act 
shall  not  be  in  force  untill  it  be  approved  and  con- 
firmed by  us,  our  heires  and  successors  and  you  are  to 
signify  our  pleasure  herein  to  the  Council  and  Assembly  of 
our  Province  of  -  -  under  your  Government.  And  to 
take  care  that  the  same  be  punctually  observed  for 
the  future,  upon  pain  of  our  highest  displeasure.  [C.O. 
324,  10.  pp.  134-136.] 


Sept.  18. 

Whitehall. 


91.  Council  of  Trade  and  Plantations  to  the  King.  Com- 
missions having  been  issued  by  his  late  Majesty  King  William 
for  trying  pirates  in  America  etc.  pursuant  to  the  Act  for  the  more 
effectual  suppressing  of  piracy,  which  was  revived  by  subsequent 
Acts,  and  by  the  Act  in  the  first  year  of  your  Majesty's  reign 
to  prevent  disturbances  by  seamen  etc.  is  to  continue  in  force  for 
five  years  from  29th  Sept.  then  next  ensuing  etc.  ;  and  we  having 
received  advice  of  some  pirates  being  already  seized  in  New 
York  and  in  the  Bermuda  Islands  are  humbly  of  opinion  that  it 
may  be  necessary  that  the  like  Commissions  be  renewed  etc. 
[C.O.  324,  10.  pp.  136,  137.] 

Wt.  441.  C.P.  3. 


34 


COLONIAL  PAPERS. 


1717. 
Sept.  18. 


Sept.  19. 


Sept.  19. 

Whitehall. 


Sept.  19. 


Sept.  19. 

Whitehall. 


92.  John  Mills  to  the   Council  of  Trade  and  Plantations. 
Proposal  for  settling,  planting  and  peopling  the  late  French  part 
of   St.   Christophers.     300   poor  families   to   be  granted  about 
8  acres  each  near  the  sea.     The  remainder  to  be  granted  at  £5 
per  acre  to  John  Mills,  who  will  re-sell  the  same  to  the  present 
possessors  at  that  price,  plus  so  much  pr.  acre  as  they  shall  agree 
to  allow  him  for  his  charge,  trouble  and  pains  etc.  under  certain 
conditions.     Signed,   Jno.   Mills.     10  pp.     [(7.0.    152,    12.     No. 
39.] 

93.  Same  to  same.     Corrects  preceding,  proposing   10  acres 
for  each  poor  family.     At  the  first  establishment  of  Barbados 
and  the  Leeward  Islands  10  acre  men  were  established,  and  by 
that  means  the  inhabitants  became  very  numerous  and  trade 
very  much  increased.     But  the  rich  men  were  too  powerfull 
for  the  poor,  they  purchas'd  their  plantations  and  soon  turn'd 
them  out  of  possession,  which  in  a  great  measure  depopulated 
those  Islands,  and  render 'd  them  incapable  to  withstand  the 
enemy.     The  10  acre  men  must  have  no  power  to  sell  or  dispose 
of  their  land  etc.     Signed,  John  Mills.     Endorsed,  Reed.,  Read 
19th  Sept.,  1717.     2  pp.     [C.O.  152,  12.     No.  40.] 

94.  Mr.    Popple    to    Governor  Hunter.     Encloses,    for    his 
observations    thereupon,    copy    of  Samuel   Mulford's    petition, 
15th  Aug.,    1717.     [C.O.   5,    1123.  p.   453;    and   (rough  draft) 
5,  1079.     No.  94.] 

95.  Mr.  Solicitor-General  to  Mr.  Popple.    I  have  considered 
the  Act  to  enable  William  Anderson  etc.  (v.  4th  Sept.).     As  the 
debt  for  which  the  land  is  to  be  sold  was  contracted  by  his  wife 
when  sole,  it  seems  reasonable  that  so  much  of  her  estate  should 
be  disposed  of  to  pay  it  and  though  this  estate  would  come  to 
the  infants  after  the  death  of  Wm.  Anderson,  yet  as  he  parts 
with  his  estate  for  life  in  the  premisses  to  wch.  he  is  entitled  as 
tenant  by  the  curtesie  towards  the  satisfaction  of  this  debt 
thus  contracted,  I  think  the  infants  will  have  no  reason  to  com- 
plaine,  the  remainder  being  limited  to  them  absolutely.     Signed, 
Wm.  Thomson.     Endorsed,  Reed.,  Read  17th  Oct.,  1717.     f  p. 
[C.O.  5,  1051.     No.  32  ;  and  5,  1123.     p.  455.] 

96.  Mr.  Popple  to  Mr.  Solicitor-General.     Encloses,  for  his 
opinion  in  point  of  law,  Acts  of  Jamaica,  (i.)  for  the  more  easy 
serving  of  constables,     (ii.)  for  the  effectual  discovery  of  all  persons 
disaffected  to  H.M.  and  to  prevent  all  such  persons  holding  office. 
(iii.)  to  prevent  fraudulent  trade  to  Hispaniola,  etc.     (iv.)  to  oblige 
several  inhabitants  to  provide  themselves  with  a  sufficient  number 
of  white  people  and  to  maintain  such  as  shall  come  over,     (v.)  to 
encourage  the  bringing  over  and  settling  of  white  people,     (vi.)  for 
repealing  an  Act  for  the  better  securing  the  estates  and  interests  of 
orphans  etc.     (vii.)  to  secure  the  freedom  of  elections  etc.     (viii.)  for 
granting  a  further  relief  in  relation  to  proving  of  wills  and  testaments 
and  granting  letters  of  administration  etc.     Particularly  upon  the 


AMERICA  AND  WEST  INDIES.  35 

1717. 

last  mention'd  Act  the  Council  of  Trade  and  Plantations  desire 
to  know  whether  it  do's  not  any  ways  interfere  with  the  Governor's 
Instructions.  [C.O.  138,  15.  pp.  298-300.] 

Sept.  19.        97.     Mr.    Secretary   Addison   to   the   Council   of   Trade   and 
Hampton     Plantations.     Refers    following    for    their    report.     Signed,   J. 
Addison.     Endorsed,  Reed.  24th,  Read  26th  Sept.,  1717.     Super- 
scribed, 

97.  i.  Petition  of  Edward  Pennant  and  Anthony  Swymmer, 
of  Jamaica,  to  the  King.  Upon  your  Majesty's  warrant, 
H.E.  Peter  Hey  wood  has  granted  to  Edward  Nichols 
the  escheated  estate  of  the  late  Anna  Williamina 
Bernarda  Kupius,  previously  granted  by  Governor  Lord 
A.  Hamilton  to  petitioners.  Pray  for  relief  etc.  (v. 
A.P.C.  II.  1284  etc.).  Signed,  John  Moore.  The  whole, 
1  p.  [C.O.  137,  12.  Nos.  65,  65  i.  ;  and  138,  15.  pp. 
310-315  ;  and  (French  version  of  petition  only)  137, 
46.  No.  10.] 

Sept.  19.         98.     Memorandum    of   previous    correspondence    relating   to 
the  estate  of  Mrs.  Kupius.     1  p.     [C.O.  137,  12.     No.  66.] 

[Sept.  20.]  99.  Mr.  Solicitor-General  to  Mr.  Popple.  I  am  humbly  of 
opinion  that  the  Act  of  St.  Christophers  to  impower  the  Surveyors 
etc.  (v.  4th  Sept.)  is  proper  to  be  pass'd  as  it  is  commodious  to 
the  publick  and  as  the  persons  whose  private  properties  would 
be  affected  thereby  are  provided  for.  I  don't  apprehend  any 
inconvenience  from  the  said  Act  but  as  the  usual  method  in  such 
cases  in  England  is  that  the  value  of  the  land  of  private  owners 
should  be  appraised  by  a  jury  upon  oath  it  seemes  reasonable  at 
least  that  the  two  appraisers  in  the  Act  menconed  should  be 
upon  their  oathes  unless  the  method  of  that  country  is  otherwise 
and  that  the  appraisers  being  chose  one  by  the  Surveyors  and 
the  other  by  the  proprietor  should  be  thought  a  sufficient  provision 
to  secure  the  property  of  the  owners  of  the  land  so  converted  to 
the  publick  use.  Signed,  Wm.  Thomson.  Endorsed,  Reed. 
20th  Sept.,  Read  12th  Oct.,  1717.  f  p.  [C.O.  152,  12.  No. 
46  ;  and  153.  13.  pp.  112,  113.] 

Sept.  20.  100.  Governor  Hart  to  Mr.  Secretary  Addison.  Acknowledges 
Maryland,  letter  of  July  8th,  signifying  that  H.M.  had  receiv'd  advice  from 
the  Court  of  France,  of  the  revolt  of  the  Island  of  Martinica  from 
the  French  Government,  and  sent  away  ye  Governor  and  Inten- 
dant  thereof,  and  that  it  was  H.M.  pleasure  (in  regard  to  the 
friendship  and  amity  subsisting  between  H.M.  and  the  Crowne 
of  France,  and  to  the  good  correspondence  which  H.M.  is  always 
willing  to  maintain  with  the  Regent)  that  the  rebellion  shou'd 
intirely  be  discouraged  and  discountenanced  by  giving  the 
persons  concern'd  in  it,  no  manner  of  protection  or  assistance, 
from  H.M.  adjacent  Islands  or  other  Dominions  etc.  In  all 
dutifull  obedience  to  his  Sacred  Majesty's  commands,  I  immed- 
iately on  the  receipt  of  yr.  letter,  laid  it  before  the  Council  of 


36  COLONIAL  PAPERS. 

1717. 

this  Province,  who  advis'd  me  to  publish  a  Proclamation,  to 
declare  H.M.  pleasure,  concerning  this  Rebellion  etc.  Signed, 
Jo.  Hart.  Endorsed,  R.  1st  Feb.,  1717.  1-'  pp.  Enclosed, 

100.  i.  Proclamation  by  the  Governor  of  Maryland.     Annapolis, 

1 3th  Sept.,  1717,  forbidding  assistance  to  the  rebels  of 
Martineca,  etc.  [C.O.  5,  720.  Noa.  25,  25  i.] 

Sept.  24.  101.  Deputy  Governor  Keith  to  the  Council  of  Trade  and 
Pensiivania..  Plantations.  Refers  to  letter  of  26th  (?=27th)  June.  Continues  : 
Having  already  travelled  above  500  English  miles  this  summer 
in  visiting  this  Government,  etc.,  I  found  great  plenty  of  iron  oar 
in  many  places,  which  oar  blacksmiths  with  their  common  fur- 
naces work  up  to  a  great  advantage  and  in  such  quantities  as 
thereby  to  discourage  the  importation  and  lower  the  price  of 
European  iron  ;  I  have  therefore  sent  several  paterns  of  this 
oar  to  some  merchants  in  London,  with  a  description  of  the  places 
where  it  is  found,  and  if  any  proposals  are  offered  to  your  Lord- 
ships for  encouraging  an  iron  manufactory  there  I  hope  your 
Lordships  will  be  inclineable  to  promote  a  design  which  if  pursu'd, 
in  my  humble  opinion  cannot  fail  to  prove  very  advantagious 
both  to  the  trade  and  navigation  of  Great  Britain.  I  have 
many  reasons  to  perswade  myself  that  the  Crown  will  soon  find  an 
advantage  and  conveniency  either  by  purchase  or  some  other 
agreement  to  take  the  Dominion  of  this  Colony  into  it's  own 
hands,  and  it  is  with  this  view  that  I  would  humbly  offer 
it  to  your  Lordships  as  an  useful  thought,  so  to  order  matters 
in  the  mean  time  as  that  both  sides  of  De  La  Ware  River  and 
Bay  vizt.,  the  West  Jerseys,  this  Province,  and  the  three  Lower 
Counties  may  be  brought  under  one  Governmt.  the  number  of 
Quakers  that  are  settled  in  West  Jersey  seems  to  make  such  an 
union  very  natural,  and  the  continual  jarrings  between  the 
people  of  West  Jersey  and  New  York,  of  which  I  believe  there 
are  many  instances  now  lying  before  your  Lordships,  will  not 
a  little  contribute  towards  the  same  end.  Signed,  W.  Keith. 
Endorsed,  Reed.  4th,  Read  12th  Dec.,  1717.  1J  pp.  Enclosed, 

101.  i.  Minutes  of  Council  of  Penhsilvania,  held  at  Cannistogo, 

19th  July,  1717.  Present,  the  Lt.  Governor  and  Council 
and  the  Chiefs  of  the  Cannistogoe  or  Mingoe  Indians, 
the  Delawares,  the  Shawanois,  and  Gunawoise,  all 
inhabitants  near  the  River  Susquehanna.  Capt.  Chris- 
topher Smith,  instructed  by  Lt.  Governor  Spots  wood, 
showed  that  some  Senequa  Indians  had  confessed  to 
having  murdered  some  Cattabaw  Indians  near  Fort 
Christianna,  not  knowing  them  to  be  in  amity  with 
Virginia.  He  was  informed  that  some  Shawanois 
Indians  were  concerned  in  this  murder,  and  demanded 
an  enquiry  etc.  The  Shawanois  admitted  that  six 
of  their  number  had  accompanied  that  party  of  the 
five  Nations  who  had  committed  the  fact,  but  were  no 
way  concerned  in  the  attack.  They  had  only  one 
Cattawbra  prisoner,  taken  many  years  ago  etc.  Capt. 
Smith  proposed  that  he  might  have  liberty  to  treat 


AMERICA  AND  WEST  INDIES.  37 

1717. 

with  those  Indians,  in  order  to  make  a  league  with  them 
in  behalf  of  the  Government  of  Virginia  etc.  The 
Governor  answered  that  he  did  not  conceive  it  to  be 
necessary  or  useful  that  any  persons  whatsoever  should 
be  permitted  to  treat  with  Indians  except  the  Govern- 
ment of  that  Colony  to  which  the  Indians  respectively 
belonged.  If  Collo.  Spotswood  desired  to  make  any 
treaty  with  the  Indians  who  lived  under  the  protection 
of  this  Government,  for  establishing  a  peace  between 
them  and  the  Indians  under  the  protection  Of  Virginia, 
the  Governor  himself  with  the  advice  of  his  Council, 
would  heartily  endeavour  to  accomplish  a  treaty  upon 
such  reasonable  terms  as  Collo.  Spotswood  might  pro- 
pose, etc.  and  that  in  the  mean  time  he  would  (as  it 
had  been  usual  in  this  Province)  insist  upon  our  Indians 
friendship  to  all  the  English  Colonies,  with  their  depen- 
dent Indians,  and  Virginia  in  particular.  Addresses 
the  Indians  accordingly.  Copy.  6  pp. 

101.  ii.  The  Address  of  Lt. -Governor  Keith  to  the  Assembly  of 

Pennsilvania,  20th  Aug.,  1717,  with  their  reply  etc. 
Copy.  5J  pp.  [C.O.  5,  1265.  Nos.  88,  88  i.,  ii.  ;  and 
(witJwut  enclosures)  5,  1293.  pp.  132,  133.] 

Sept.  25.  102.  Mr.  Secretary  Addison  to  the  Council  of  Trade  and 
Whitehall.  Plantations.  Enclosed  I  transmit  to  your  Lordships,  by  H.M. 
command,  the  copie  of  a  Memorial  presented  to  the  King  by 
Monsieur  d'Iberville  the  late  French  Envoy,  etc.  :  that  your 
Lordships  may  fully  inform  your  selves  of  the  state  of  this  affair, 
and  draw  up  such  a  report  upon  the  same,  as  may  be  laid  before 
H.M.  Signed,  J.  Addison.  Endorsed,  Reed.  26th  Sept.,  Read 
6th  Nov.,  1717.  1  p.  Enclosed, 

102.  i.  Memorial   of   M.    d'Iberville   to   the   King.     London, 

July,  */,  1717.  The  undersigned  Envoy  Extraordinary 
of  France  has  received  fresh  orders  to  repeat  to  his 
Britannic  Majesty  the  humble  prayer,  which  has  already 
been  made  several  times,  for  the  necessary  directions 
to  be  given  to  oblige  the  inhabitants  of  Nevis  to  fulfill 
the  capitulation  made  by  them  the  4th  of  April,  1706, 
etc.  Signed,  D'Iberville.  Copy.  French,  £  p. 
102.  ii.  Memorial  concerning  the  Capitulation  of  Nevis.  The 
officers  and  inhabitants  of  the  Island  seeing  themselves 
unable  to  resist  the  forces  of  M.  d'Iberville,  and  wishing 
to  avoid  total  disaster,  asked  to  capitulate  in  the 
redoubt  (deodan)  (which  was  about  to  be  taken  by 
force).  M.  d'Iberville  granted  their  request,  to  the 
prejudice  of  the  considerable  advantage  which  he  would 
inevitably  have  gained  from  the  capture  and  complete 
pillage  of  this  Island.  Conditions  of  Capitulation 
quoted,  v.  C.S.P.  1706.  Nos.  357  iii.  (a),  357  v.  Con- 
tinues :  All  the  negroes  not  having  been  surrendered, 
as  required  by  the  7th  Article,  but  on  the  contrary 
several  of  the  inhabitants  having  caused  them  to  seek 


38  COLONIAL  PAPERS. 

1717. 

refuge  in  the  redoubt  contrary  to  their  plighted  faith, 
M.  d'Iberville  prepared  to  reduce  them  by  force  a  second 
time  within  this  redoubt,  but  the  principal  officers  and 
inhabitants  proposed  to  him  a  new  Treaty  in  order  to 
avoid  a  worse  misfortune,  which  was  signed  19th  April. 
Quote,  C.S.P.  1706.  No.  357  vi.  Continues:  M.  d'Iber- 
ville religiously  performed  everything  he  had  agreed  to 
by  these  Treaties.  But  of  all  the  conditions  to  which 
the  officers  and  inhabitants  agreed,  they  have  fulfilled  on 
their  part  only  that  relating  to  the  hostages,  and  they 
have  taken  so  little  care  to  redeem  them,  that  they  have 
not  even  provided  them  with  what  isjiecessary  for  their 
subsistence,  these  four  hostages  having  consumed  more 
than  20,000  livres  for  their  keep  at  Martinique. 
Demands  payment  with  interest  and  fulfillment  of  terms  of 
Capitulation,  April  4  and  19,  (1,400  negroes  or  140,000 
piastres)  from  the  Company  established  in  England  for 
the  Trade  with  Nevis.  Also  100  francs  for  each  prisoner 
not  released  in  exchange  as  agreed,  =  170,000  livres. 
French.  Copy.  6|  pp.  [C.O.  152,  12.  Nos.  50,  50  i., 
ii.  ;  and  153,  13.  pp.  149-158.] 

[Sept.  25.]  103.  Agents  of  Barbados  to  the  Council  of  Trade  and  Plan- 
tations. The  Legislature  of  Barbados  having  past  an  Act  for 
laying  a  duty  on  all  foreign  sugars  etc.  that  are  not  the  produce 
of  H.M.  Plantations  which  shall  be  imported  thither,  we  enclose 
following,  not  doubting  but  that  you  will  recommend  it  for  H.M. 
approbation.  Signed,  Jo.  Micklethwaite,  John  Lloyd,  Geo. 
Bampfield.  Endorsed,  Heed.  25th,  Read  27th  Sept.,  1717. 
|  p.  Enclosed, 

103.  i.  Reasons  for  the  above  Act.     The  French  and  Dutch  have 

the  advantage  of  a  newer  soil  and  consequently  can 
sell  their  sugars  far  cheaper  than  the  Planter  of  Barbadoes 
can,  who  hath  a  soil  almost  worn  out,  etc.,  for  a  plantation 
of  200  acres  in  any  of  the  French  colonies  may  be  cul- 
tivated with  30  or  40  negroes  and  few  cattle  or  horses, 
because  their  land  is  fresh  and  rich,  which  in  Barbadoes 
would  require  150  negroes,  with  50  or  60  head  of  cattle 
and  a  dozen  horses,  and  they  cannot  buy  a  good  beast 
fitt  for  work  under  £20,  and  horses  are  dearer,  etc.  This 
law  is  to  putt  the  planter  upon  an  equal  footing  with 
the  importer  of  foreign  sugars  etc.  (v.  Oct.  14).  1J  pp. 
[C.O.  28,  15.  Nos.  16,  16  i.  ;  and  29,  13.  pp.  397-402.] 

Sept.  25.        104.     Council  of  Trade   and  Plantations  to   Mr.    Secretary 
Whitehall.     Addison.     Enclose  following  to  be  laid  before  H.M.     Annexed, 

104.  i.  Council  of  Trade  and  Plantations  to  the  King.     Re- 

presentation in  reply  to  15th  Nov.,  1716,  q.v.,  and  the 
Marquis  de  Monteleori's  Memorial  concerning  H.M. 
subjects  cutting  logwood  in  the  Bay  of  Campechy.  Altho' 
we  did  humbly  propose  such  methods  as  we  esteem 'd 
proper  and  necessary  to  support  the  cutting  of  logwood 


AMERICA  AND  WEST  INDIES.  39 

1717. 

in  the  West  Indies,  when  Mr.  Methuen  was  on  departure 
for  Madrid,  yet  on  this  occasion,  when  a  Trade  of  so 
great  importance  to  our  Navigation  and  the  American 
Colonies  is  in  danger  of  being  lost,  we  have  again 
carefully  perus'd  the  books  and  papers  in  our  Office, 
and  receiv'd  from  the  merchants  and  others  the  fullest 
informations  we  can  hope  to  obtain,  which  hath  taken 
up  much  time  ;  and  we  do  now  humbly  crave  leave  to 
lay  before  your  Majesty  the  past  and  present  state  of 
this  Trade,  with  the  arguments  that  formerly  engag'd 
your  Majesty's  Royal  Predecessors  to  protect  and 
support  the  same,  to  which  we  shall  add  some  obser- 
vations, and  the  reasons  that  induce  us  to  conclude, 
your  Majesty's  subjects  have  now  as  full  and  ample 
right  to  this  trade  as  to  any  other  liberty  or  priviledge 
that  has  been  allow'd  by  the  Crown  of  Spain,  and 
en  joy 'd  by  them  by  vertue  of  any  Treaty  whatsoever. 
In  the  first  place  therefore,  it  must  be  observ'd,  that 
logwood  is  one  of  the  products  of  the  Province  of 
Yucatan,  which  extends  itself  into  the  North  Sea  in 
form  of  a  Peninsula,  about  100  leagues  in  length, 
the  Spaniards  are  possess'd,  of  San  Francisco  de  Camp- 
echy,  it's  capital  town  and  port,  which  has  been  thrice 
taken  by  the  English,  and  besides  they  have  two  other 
inland  towns,  Merida  and  Valladolid,  of  no  great 
importance  having  few  inhabitants,  but  the  rest  of 
the  Province  before  the  logwood  cutters  were  setled, 
was  in  a  manner  wholly  desolate  and  uninhabited. 
Nevertheless  it  must  be  allow'd  that  the  Spaniards 
had  from  time  to  time  cut  wood  in  several  places  near 
their  own  settlements,  .but  during  the  hostilities  that 
were  committed  in  the  West  Indies  before  1667,  they 
deserted  that  imployment,  being  frequently  interrupted 
by  the  privateers,  both  by  sea  and  land,  who  by  degrees 
becoming  acquainted  with  the  coast  and  with  those 
parts  where  the  wood  grew,  that  were  most  remote  from 
the  Spaniards,  they  at  last  fell  into  the  trade,  and 
laid  the  foundation  of  their  future  establishment. 
Their  first  settlements  were  near  to  Cape  Catoche, 
but  upon  (if  not  before)  the  publication  of  the  Treaty 
concluded  at  Madrid  in  1667,  by  the  Earl  of  Sandwich, 
they  likewise  setled  near  Suma  Sunta,  adjacent  to  the 
Laguna  de  Terminos  and  to  Trist  and  Beef  Islands, 
which  being  the  most  convenient  place  for  cutting  of 
wood,  and  a  tolerable  harbour  for  their  ships  and 
vessels,  the  whole  trade  soon  center 'd  there,  for  not- 
withstanding the  aforesaid  Treaty  was  principally 
intended  to  adjust  and  settle  our  commerce  with  his 
Cath.  Majesty's  Dominions  in  Europe  etc.  (quoted), 
it  was  concluded  that  the  Peace  extended  to  America 
as  well  as  Europe  ;  whereupon  many  of  the  British 
privateers  that  had  before  us'd  those  seas,  to  the  great 


40  COLONIAL   PAPERS. 

1717. 


interruption  of  commerce  were  then  induc'd  to  quit 
their  former  course,  and  to  settle  with  the  logwood 
cutters  in  the  Laguna  de  Terminos  ;  so  that  in  1669 
their  numbers  were  considerably  increas'd,  and  great 
quantities  of  wood  were  transported  both  to  Jamaica 
and  New  England.  The  American  Treaty  for  restraining 
depredations  in  those  parts,  being  afterwards  concluded 
by  Sir  William  Godolphin  in  July.  1670,  added  to  their 
strength  by  encouraging  several  others  of  the  privateers 
or  seamen  to  fall  in  with  this  employment  of  cutting 
wood,  to  which  it  was  now  generally  supposed  they 
had  a  right  by  the  said  Treaty.  And  as  the  logwood 
trade  was  of  the  greatest  importance  to  Jamaica, 
on  the  10th  of  March,  1671(2),  Sr.  Thomas  Lynch, 
then  Governor  of  that  Island,  not  having  receiv'd  any 
orders  how  to  govern  himself  in  this  affair,  transmitted 
to  the  Lords  of  the  Council  the  reasons  that  induc'd  him 
to  encourage  the  same  under  proper  regulations  :  1st 
That  the  English  had  done  so  for  divers  years.  (2)  It 
was  in  desolate  and  uninhabited  places.  (3)  That  this 
seems  a  possession  granted  by  the  American  Treaty. 
(4)  It  might  give  us  a  right  to  seclude  the  Dutch  and 
the  French,  if  we  shou'd  break  with  Spain.  (5)  The 
Spaniards  had  not  to  that  time  made  any  complaints 
of  it.  (6)  This  employ  makes  the  reducing  of  the  priva- 
teers more  easy.  (7)  That  it  will  employ  100  sail 
annually,  and  bring  in  more  to  H.M.  Customs  and  the 
Nation's  trade  than  any  Colony  the  King  hath.  Whilst 
there  arguments  were  under  consideration,  the  Earl  of 
Arlington  laid  before  the  Lords  of  the  Committee  a 
letter  from  Sr.  Thomas  Modyford,  the  late  Governor 
of  Jamaica  dated  the  16th  of  May,  1672,  wherein, 
after  he  had  given  an  acct.  of  the  great  extent  or  compass 
of  the  country  in  which  the  logwood  grows,  how  meanly 
the  Spanish  towns  on  the  foresaid  tract  of  land  were 
peopled,  and  of  the  places  frequented  by  the  English, 
he  adds,  "That  they  have,  us 'd  this  trade  for  three 
years  past,  at  first  finding  it  by  the  seaside,  but  after- 
wards being  forc'd  to  go  four  or  five  miles  up  into  the 
country  for  their  refreshment,  they  had  planted  Indian 
provisions,  and  built  houses  there,  to  keep  themselves 
and  their  provisions  from  the  sun  and  rain,  that  in 
generall  they  had  affirm'd  to  him,  never  to  have  seen 
any  Spaniard  or  other  person  in  all  the  time  of  their 
working,  altho'  they  had  gone  6  or  7  miles  further  into 
the  country,  to  kill  deer  etc.  This  possession,"  he 
says,  "  in  the  West  Indies,  is  held  the  strongest  that 
can  be,  vizt.  falling  of  wood,  building  of  houses  and 
clearing  and  planting  the  ground"  Sr.  Thomas  Lynch, 
to  confirm  what  he  had  before  asserted,  and  to  justify 
his  proceedings,  in  Nov.,  1672,  sends  home  the  copies 
of  several  depositions  he  had  taken  from  the  masters  of 


AMERICA   AND   WEST   INDIES.  41 

1717. 

ships  and  others  concern 'd  in  the  logwood  trade,  and  of 
a  Proclamation  he  had  issued  out  for  the  better  regulation 
and  security  thereof.  (Quoted,  v.  C.S.P.  1672.  Nos. 
954,  954  i.,  ii.)  Continue :  In  January  following, 
the  Secretary  of  the  Lords  of  the  Committee  advises 
him  that  their  Lordships  did  altogether  allow  of  the 
cutting  of  logwood  etc.  (quoted,  v.  C.S.P.  4673.  No. 
1015).  This  allowance  of  carrying  on  the  trade  as 
aforesaid,  gave  fresh  vigour  to  those  engag'd  in  it, 
tho'  about  this  time  the  Spaniards  began  to  interrupt 
them  in  the  prosecution  thereof,  and  to  dispute  their 
right  to  that  liberty  they  had  so  long  quietly  enjoy'd. 
For  we  must  insist  on  it,  as  an  undoubted  and  uncon- 
tested  fact,  that  from  the  publication  of  the  Treaty  in 
1667,  until  about  two  years  after  the  conclusion  of  the 
American  Treaty,  the  logwood  cutters  had  never  been 
in  the  least  disturb 'd  or  molested  in  their  employment, 
either  directly  or  indirectly,  nor  dos  it  appear  that 
the  Spanish  Govrs.  took  any  umbrage  at  or  made  any 
complaint  about  it,  much  less  did  they  pretend  to  an 
exclusive  right,  or  that  it  was  contrary  to  the  laws  of 
their  commerce,  or  an  infringment  of  the  Treaty. 
Nay  so  far  were  they,  from  expressing  any  resentment 
on  this  acct.  or  making  it  a  pretence  to  justify  the 
first  hostilities  they  committed,  in  violation  of  the 
Treaties  both  of  1667  and  1670,  that  when  Sir  Tho. 
Lynch  sent  to  Don  Fernando  Francisco  Descavado,  the 
Governor  of  San  Francisco  de  Campechy,  to  demand 
satisfaction  for  two  English  ships  which  had  logwood 
on  board,  and  were  taken  by  some  Spanish  men  of  war  ; 
in  his  answer  to  that  charge,  on  the  6th  of  April,  1672, 
he  takes  no  notice  of  our  cutting  logwood,  or  that  those 
ships  had  any  on  board,  or  that  we  had  setled  on  the 
Laguna  de  Terminos,  nor  had  he  any  other  complaint 
to  make  by  way  of  retaliation,  save  that  an  English 
vessel  had  taken  a  Spanish  bark  at  the  Laguna  de 
Terminos  bound  to  Tobasco,  which  is  the  more  remark- 
able, because  the  said  Laguna  was  at  that  time  and  had 
been  several  years  actually  in  our  possession.  It  must 
likewise  be  further  urg'd,  that  before  the  Queen  Regent 
of  Spain  had  published  a  Royal  cedula  bearing  date 
the  22nd  of  June,  1672,  which  orders,  "  that  such  as 
shou'd  make  invasion,  or  trade  without  license  in  the 
ports  of  the  Indies,  should  be  proceeded  against  as 
pirates  "  etc.,  it  dos  not  appear  that  cutting  of  log- 
wood was  esteem 'd  by  the  Spaniards  to  be  an  invasion 
and  trading  without  licence,  but  by  vertue  of  this 
cedula  it  was  at  length  carry'd  to  that  height  that  if 
our  ships  had  but  any  logwood  on  board,  they  were 
confiscated  without  remedy.  Upon  this  subject  the 
Earl  of  Arlington  on  the  19th  of  March,  1674,  wrote  to 
Sir  William  Godolphin,  then  Embassador  at  Madrid, 


42  COLONIAL   PAPERS. 

1717. 


as  follows,  "In  a  word,  H.M.  is  so  sensible  of  the 
sufferings  of  his  subjects  in  this  particular,  that  you  must 
endeavour  by  all  the  skill  you  have,  to  procure  some 
liberty  for  the  cutting  of  logwood  in  those  remote  parts 
where  the  Spaniards  have  none,  and  H.M.  subjects 
have  had  long  abode  .and  residence,  and  the  rather,  for 
that  we  find  by  all  the  replys  we  have  seen,  they  justify 
themselves  by  that  single  point  of  cutting  logwood  nay 
even  of  finding  it  on  board  our  vessels,  wch.  to  us  appears 
very  unreasonable."  Quote  Sr.  Lionel  Jenkins  v.  C.S.P. 
1675.  No.  698  end.  Continue :  Thus  by  a  Spanish 
Auto  or  a  decree  of  that  Court,  which  was  inconsistent 
with,  and  made  (ex  post  facto)  after  the  ratifications 
of  a  publick  and  solemn  Treaty,  it  was  manifestly 
intended  not  only  to  debar  the  British  subjects  of  that 
liberty  they  enjoy'd  before  the  said  Treaty  was  made, 
but  in  some  measure  to  deprive  them  of  the  common 
right  of  all  Nations  ;  whereas  if  your  Majesty's  subjects 
did  actually  hold  and  possess  the  Laguna  de  Terminos 
and  the  parts  adjacent  at  the  time  of  the  conclusion  of 
the  American  Treaty,  as  hath  been  already  prov'd, 
the  last  clause  of  the  7th  Article  will  determine  to 
whom  the  same  belongs.  Quote  Article  7,  "  The  King 
of  Great  Britain  shall  hold  and  keep  ...  all  the 
lands  etc.  in  any  part  of  America  .  .  .  which  he  and 
his  subjects  now  hold  and  possess  etc."  And  as  long  as 
the  8th  Article  of  the  same  Treaty  subsists,  it  will 
appear  very  extraordinary  that  the  Spaniards  shou'd 
pretend  to  any  dominion  or  power  in  those  ports  and 
havens  where  they  neither  had  fortifications  nor  maga- 
zines, or  in  those  places  which  were  not  possess'd  by 
them,  because  these  descriptions  are  undoubtedly  laid 
down  by  the  Treaty,  as  the  sole  and  distinguishing 
marks  of  the  sovereignty  of  the  Crown  of  Spain  in  those 
ports  and  places,  from  which  only  we  were  to  forbear 
sailing  to  and  trafficking  in,  whilst  all  other  ports  and 
places  were  left  open  and  free.  But  notwithstanding 
the  said  Treaty  was  so  strong  in  our  favour,  the  Spaniards 
having  thereby  compass'd  the  two  main  ends  they 
propos'd  to  themselves,  vizt.  :  (i.)  The  securing  their 
West  India  Trade  to  themselves,  by  excluding  us,  and 
consequently  all  other  Nations  from  trafficking  with 
them,  a  point  which  could  never  be  before  obtain'd, 
tho'  it  was  strenuously  insisted  on  in  the  reign  of  King 
James  the  1st  and  afterwards  in  1630.  (ii.)  The  dis- 
dispersion  of  the  privateers,  who  had  long  miserably 
harrass'd  and  distress'd  the  Spanish  Settlements,  and 
notably  check'd  the  encrease  both  of  their  power  and 
trade  in  those  parts,  but  were  now  entirely  reduc'd  by 
the  great  care  of  the  English  Governors,  and  by  their 
entring  into  the  Logwood  Trade.  Yet  the  only  ad- 
vantages Great  Britain  aim'd  at  by  the  Treaty,  vizt.  that 


AMERICA   AND   WEST   INDIES.  43 

1717. 

her  subjects  might  carry  on  their  trade  without  interrup- 
tion, and  peaceably  enjoy  those  places  they  then  held 
and   possess'd,    were   in    a   great   measure    absolutely 
defeated.     For  after  the  publication  of  the  aforesaid 
Royal  cedula,    many  of  our  ships  were  made  prizes 
under  that  pretence,  sometimes  by   Spanish  men  of 
war,  at  other  times  by  English  pirates  seduc'd  by  the 
Governors  into  the  service  of  Spain,  and  afterwards 
by  the  Biscayneers  that  were  sent  to  cruize  in  those 
seas.     And   upon   the   same   pretence   in   April,    1680, 
several  ships  under  the  command  of  Don  Philippo  de 
Varedda  Villegas  arriv'd  at  the  Island  of  Trist  and  the 
Laguna  de  Terminos,   attack'd  our  logwood  cutters, 
whilst  seperated  from  one  another,  and  dislodg'd  them 
from  thence.    Moreover  the  Spanish  Govrs.  encourag'd 
by  this  success,  and  little  regarding  the  just  right  of 
your  Majesty  or  your  subjects  even  to  Plantations  still 
more  distant  from  their  Dominions,  did  soon  resolve 
upon  another  Expedition,  and  in  1682  surpriz'd  New 
Providence   one   of  the   Bahama   Islands.     But  these 
places  were  again  soon  repeopled,  and  the 'trade  from 
Trist  and  the  Laguna  in  1682  was  greater  than  ever. 
The  rise  and  progress  of  the  logwood  trade  from  about 
1667  to  1682,  being  thus  stated,  we  presume,  it  would 
be  too  tedious  and  not  very  material  to  the  point  in 
question,  to  enter  into  the  particulars,  how  and  in  what 
manner  it  was  afterwards  constantly  carried  on,  and 
how  it  has  been  from  time  to  time  interrupted  and 
supported  until  the  year  1713,  when  the  adjustment 
and  settlement  thereof  was  again  under  consideration 
both  at  Madrid  and  Utrecht.     But  since  the  Spanish 
Ambassr.  insists  on  it,  that  by  the  Treaty  of  Peace 
made  at  Utrecht,  in  which  (he  says)  it  is  stipulated  that 
the  lands  or  other  places,  which  had  been  taken  in  the 
Indigs  during  the  war,  should  be  evacuated,  your  Majesty 
is  engag'd  to  oblige  your  subjects  who  are  come  to  the 
Lake  de  Terminos,  to  leave  it  immediately,  we  most 
humbly  take  the  liberty  to  represent  further  to  your 
Majesty  ;  That  if  his  Excellency  would  hereby  insinuate 
that  your  Majesty's  subjects  are  but  lately,  or  during 
the  war  come  to  the  Laguna  de  Terminos,  this  is  a 
mistake  in  fact,  for  it  appears  by  the  aforementioned 
depositions  sent  by  Sr.  Tho.  Lynch,  as  likewise  by  the 
several  representations  from  Sr.  Thomas  Lynch  and  Sr. 
Thomas  Modiford,  that  they  were  there  in  1669,  and 
for  some  time  or  years  before  ;   and  it  is  well  known  to 
the  Spaniards  that  they  have  been  ever  since  possess'd 
of  that  part  of  the  country,  except  for  two  or  three 
months  after  the  aforesaid  assault  in  1680.     Neither  will 
what  the  said  Embassador  asserts  from  the  Treaty, 
answer  the  end,  for  which  it  was  produc'd.     By  the 
8th  Article,  it  is  indeed  agreed  by  his  Cath.  Majesty 


44  COLONIAL    PAPERS. 

1717. 


"  not  to  alienate  any  of  his  territories  in  the  West  Indies 
to  the  French  or  to  any  other  Nation,  and  upon  this 
condition  her  late  Majesty  engages  that  she  will  give 
assistance  to  the  Spaniards,  that  the  ancient  limits  of 
their  Dominions  in  America  be  restor'd  etc.,  if  it  shall 
appear  that  they  have  in  any  manner  been  broker! 
into,  and  lessen 'd  in  any  part  since  the  death  of  King 
Charles  II,"  but  to  argue  from  hence  that  the  Laguna 
de  Terminos,  in  possession  of  the  English  before  1670, 
must  be  evacuated  when  this  Treaty  has  only  reference 
to  what  has  pass'd  since  the  demise  of  the  said  King 
Charles  II .  i s  very  extraordinary .  But  if  the  Ambassador 
refers  to  the  Memorial  on  the  Affairs  of  Commerce 
that  was  sign'd  at  Madrid  13th  July,  1713,  by  the  Lord 
Lexington  and  the  Marquis  de  Bedmar,  we  must  confess 
that  the  Article  relating  to  the  Logwood  Trade,  propos'd 
therein  by  his  Lordship,  had  not  then  its  effect.  But 
we  are  assur'd,  it  was  from  thence,  among  other  things, 
referr'd  to  the  discussion  of  the  Plenipotentiaries  at 
Utrecht.  What  pass'd  particularly  on  this  affair  at 
Utrecht,  doth  not  appear  to  us,  but  by  the  Treaty  of 
Commerce  concluded  the  28th  of  November  following 
(of  which  the  said  Ambassador  takes  no  notice  in  his 
Memorial)  and  wherein  the  several  interests  of  the  two 
Crowns  and  tfieir*  subjects  with  respect  to  commerce 
were  more  particularly  under  consideration,  it  is  mani- 
fest, that  the  rights  and  liberties  insisted  on  by  the  British 
subjects  in  the  West  Indies  were  adjusted  by  the  Lords 
Plenipotentiaries,  and  that  a  clause  in  the  Treaty  which 
determines  this  contest  relating  to  the  cutting  of  logwood 
beyond  all  possibility  of  dispute  for  the  future,  was 
then  agreed  upon  and  concluded,  it  being  expressly 
stipulated  in  the  first  Article  after  the  confirmation 
and  ratification  of  the  American  Treaty  in  1670,  as 
follows,  Without,  any  prejudice  however  to  any  liberty  or 
power  which  the  subjects  of  Great  Britain  enjoy'd  before, 
either  thro'  right,  sufferance  or  indulgence.  If  therefore 
this  comprehensive  clause  (which  relates  only  to  the 
West  Indies)  confirms,  secures  and  re-establishes  those 
liberties  which  the  subjects  of  Great  Britain  enjoy'd  in 
America  before  the  Treaty  in  1670,  it  necessarily  follows, 
that  they  having  then  enjoy'd  the  liberty  of  cutting 
logwood  without  any  interruption  (as  hath  been  fully 
prov'd)  either  thro'  right,  sufferance  or  indulgence  ; 
they  are  again  entituled  by  this  Treaty  to  the  same 
liberty  in  as  plain  and  express  words  as  can  be  us'd  or 
imagin'd.  And  that  your  Majesty  may  be  more  fully 
appriz'd  of  the  importance  of  this  Trade,  the  same  will 
be  effectually  demonstrated  by  the  following  acct.  of 
the  quantities  of  logwood  imported  since  the  war, 
vizt.,  1713-1716,  in  four  years  4,965  tuns,  that  is,  com- 
munibus  annis  3,741  tuns,  which  cannot  be  computed 


AMERICA   AND    WEST    INDIES  45 

1717. 

at  less  than  £60,000  pr.  annum  ;  tho'  the  price  is 
at  present  reduc'd  from  £40  to  £16  the  ton,  whereas 
before  your  Majesty's  subjects  were  setled  there,  it 
was  worth  £100  the  ton.  Nor  is  this  trade  less  necessary 
than  beneficial  to  your  Majesty's  Dominions,  by  reason 
of  the  great  incouragement  it  gives  to  our  seamen 
and  shipping,  which  at  all  times  require  a  particular 
attention,  but  now  especially  when  it's  daily  observed 
that  very  many  British  mariners,  either  thro'  defect  of 
the  Laws,  for  want  of  imployment  at  home  or  in  hopes 
of  greater  advantage  abroad  enter  themselves  into 
foreign  service.  Upon  the  whole  therefore  we  are 
humbly  of  opinion,  that  the  subjects  of  this  your 
Majesty's  Kingdom,  for  some  years  before  as  well  as 
after  the  conclusion  of  the  American  Treaty  in  1670,  did 
enjoy  an  uninterrupted  liberty  of  cutting  logwood  in 
the  Laguna  de  Terminos  and  in  other  places  not  in- 
habited by  the  Spaniards  in  the  Province  of  Yucatan, 
either  thro'  right,  sufferance  or  indulgence  :  That  the 
said  American  Treaty  did  establish  a  right  in  the  Crown 
of  Great  Britain  to  the  Laguna  de  Terminos  and  the 
parts  adjacent,  those  places  at  the  time  of  the  Treaty, 
and  for  some  years  before,  being  actually  in  possession 
of  the  British  subjects.  That  the  Royal  cedula  issued 
out  by  the  Court  of  Spain,  was  a  violation  of  the  afore- 
said Treaty,  forasmuch  as  the  carrying  on  the  Trade 
to  the  Laguna  de  Terminos.  was  thereby  interpreted  an 
invasion,  and  the  logwood  cutters  accounted  pirates. 
And  that  your  Majesty's  subjects  having  been  (at  least) 
suffer 'd  to  enjoy  the  liberty  of  cutting  logwood  as  afore- 
said, before  the  conclusion  of  the  American  Treaty 
(altho'  your  Majesty  should  not  insist  on  your  said 
right  to  the  Laguna  de  Terminos)  yet,  that  the  same 
liberty  is  absolutely  granted  and  confirm'd  by  the 
Treaty  of  Commerce  made  at  Utrecht.  And  we  do 
further  think  it  our  duty  to  represent  to  your  Majesty, 
that  altho'  the  said  Spanish  Ambassador  seems  to  declare 
in  his  Memorial,  that  no  attempt  should  be  made  to 
dislodge  your  subjects  setled  on  the  Laguna  de  Terminos 
in  a  less  time  than  eight  months  from  the  date  of  his 
said  Memorial,  yet  they  were  dislodg'd  and  taken 
prisoners  in  the  same  month  the  Memorial  was  deliver'd, 
as  appears  by  several  affidavits  sent  to  this  Board  by 
General  Hamilton  your  Majesty's  Governor  of  the  Lee- 
ward Islands.  21  pp.  [C.O.  137,  46.  No.  27  ;  and 
389,  26.  pp.  144-168.] 

Sept.  26.        105.     Council  of  Trade   and  Plantations  to  Mr.   Secretary 
Whitehall.     Addison.     Representation  upon  petition  of  Sir  A.  Cairnes  etc.  for 
a  grant  of  land  in  Nova  Scotia  etc.  (v.  2nd  Sept.).     We  have 
enquired  how  far  they  would  engage  for  the  making  such  settle- 
ment.    Quote  proposal  of  Sept.  18.     Conclude  :   This  undertaking 


46  COLONIAL    PAPERS. 

1717. 


appearing  to  us  to  be  for  H.M.  service  in  peopling  the  place  and 
for  the  benefit  of  this  Kingdom  by  laying  the  foundation  for 
a  trade  from  thence,  we  have  no  objection  why  H.M.  may  not 
grant  petitioners  request  upon  the  conditions  aforementioned. 
[(7.0.  218,  1.  pp.  334-337.] 

Sept.  26.        106.     Mr.   Popple   to   Mr.    Lowndes.     Reply  to   22nd   Sept. 

Whitehall.  The  Council  of  Trade  and  Plantations  are  of  opinion  that,  as  it 
is  H.M.  undoubted  right  to  make  leases  of  land  belonging  to  the 
Crown,  Mr.  Attorney  General  or  some  of  H.M.  Council  at  Law 
are  the  proper  Judges,  whether  the  draught  of  the  lease  be  in 
due  form.  Enclose  copy  of  preceding  and  suggest  that  the  leases 
be  under  conditions,  etc.  [C.O.  218,  1.  pp.  338,  339.] 

Sept.  26.  107.  Mr.  Solicitor  General  to  Mr.  Popple.  I  am  humbly  of 
opinion  that  the  Act  of  Barbados  to  dock  the  intail  of  certain  lands 
etc.  (v.  Sept.  4)  is  very  proper  and  is  only  to  supply  the  place  of 
fines  and  recoverys  by  which  according  to  the  law  of  England 
these  partys  in  whom  the  fee  simple  of  these  estates  are  now 
vested  might  if  the  estates  were  in  England  have  effectually 
settled  it  as  by  this  Act  and  barred  all  remainders,  etc.  Signed, 
Wm.  Thomson.  Endorsed,  Reed.  26th  Sept.,  Read  llth 
Oct.,  1717.  £  p.  [C.O.  28,  15.  No.  18  ;  and  29,  13.  pp.  406, 
407.] 

Sept.  26.  108.  Same  to  same.  Reply  to  Sept.  \§th.  I  have  no  objec- 
tions to  the  laws  [of  Jamaica]  therein  mentioned  only  I  find  in 
Nos.  Hi.,  iv.,  v.  and  vii.,  where  forfeitures  are  treated  the  King's 
prerogative  of  entering  non  vult  ulterius  prosequi  is  taken  away. 
Not  that  I  presume  any  one  would  advise  the  King  to  make  use 
of  that  power  to  the  prejudice  of  the  publick  especially  where  a 
part  of  the  forfeiture  is  given  to  an  informer.  But  as  cases  may 
happen  where  the  exercise  of  that  prerogative  may  be  necessary 
and  commendable,  I  never  mett  with  any  Act  before  that  takes  it 
away  but  if  it  has  obtained  in  this  Island  in  many  other  instances, 
it  may  not  be  thought  so  considerable  as  to  create  alterations  in 
these  Acts.  In  the  Act  to  prevent  the  trade  to  Hispaniola  there 
is  a  forfeiture  of  £500  on  every  master  of  a  ship  who  shall  not  take 
the  oath  therein  mentioned  one  moiety  to  him  who  will  sue  seize 
and  informe  for  the  same.  I  think  the  word  seise  should  be 
struck  out  as  improper  at  that  place,  'tis  mark'd  with  a  cross  in 
the  margent  against  the  word  and  towards  the  latter  end  the 
word  his  is  wanting  before  the  word  Majesty.  As  to  the  Act 
about  probates  of  wills,  it  does  interfere  with  the  Governour's 
Instructions  for  that  the  power  of  granting  probates  is  made 
subject  to  the  Supreme  Court  of  Judicature  where  before  the 
Appeal  from  any  supposed  wrong  lay  only  to  the  King  in  Councel. 
I  cannot  say  that  this  law  is  unreasonable  or  seemes  to  be  attended 
with  any  inconvenience  to  the  subjects  the  contrary  theire 
appeale  will  receive  a  speedyer  and  cheaper  determination  and 
in  cases  of  small  vallue  the  want  of  that  must  oblige  persons  to 


AMERICA    AND    WEST    INDIES.  47 

1717. 

beare  theire  wrongs  rather  than  appeal  to  England.  But  it  is 
certainly  abridgeing  the  present  power  of  the  Go vernour  by  making 
his  probates  liable  to  be  repealed  there,  which  are  not  so  now 
and  this  is  in  some  measure  impairing  the  King's  prerogative. 
Signed,  Wm.  Thomson.  Endorsed.  Reed.,  Read  26th  Sept.,  1717. 
1  p.  [C.O.  137,  12.  No.  64  ;  and  138,  15.  pp.  307-309.] 


Sept.  26.        109.    Mr.  Secretary  Addison  to  the  Council  of  Trade  and 
Whitehall.     Plantations.     Encloses   following    for   their  report.     Signed,  J. 
Addison.     Endorsed,    Reed.,    Read    27th    Sept.,     1717.     1    p. 
Enclosed, 

109.  i.  Memorial  of  Lord  Archibald  Hamilton  to  the  King. 
Complains  of  the  behaviour  and  disaffection  of  several 
of    the    Council    and    the    Deputy    Secretary   Page. 
Although  expressly  commanded  by  H.M.  Instructions, 
in  case  of  any  complaint  against  their  Governor,  to 
give  him  a  copy  of  the  charge,  the  party  opposed  to 
him  in  the  Assembly,  knowing  there  was  no  just  cause 
for  any  accusation,  collected  a  large  sum  of  money 
and  remitted  it  to  Great  Britain,  to  sollicite  the  affairs 
of   the    Island,    a   preceeding    without   president   and 
contrary  to  H.M.  Instructions,  and  at  their  instigation 
Page,  a  person  unquallified  and  of  an  ill  character  whom 
Lord  Archibald  had  refused  to  admit  into  the  office  of 
Deputy    Secretary,    left    the    Island    without    licence, 
contrary   to   law,    and   procured   wilful   and   perjured 
affidavits    charging    against    Lord  Archibald  etc.  with 
encouraging  and  being  concerned  in  fishing  upon  the 
Spanish  wrecks  and  robbing  them  etc.     Your  Majesty 
was  pleased  to  recall  him,  and  appoint  Mr.  Hey  wood  to 
succeed  him,  whom  he  had  some  months  before  by  the 
unanimous  advice  of  the  Council  removed  from  the 
Council    and    from    being    Chief    Justice.     The   new 
Councillors  appointed  with  the  said  new  Governor  were 
those  whom  your  Majesty  had  before  at  the  instance  of 
Lord  Archibald  thought   fitt  to   displace,   and  others 
the    most   violent   men    in   the    Assembly,    who   then 
became  the  majority  of  the  Council,  etc.      Far  from 
complying  with  your  Majesty's  Instructions,  the  new 
Governor  and  Councillors,  in  the  enquiry  made  by  them, 
acted  in  the  most  arbitrary,  partiall  and  injustifyable 
manner,  denying  Lord  Archibald  the  common  right  of 
the  meanest  British  subject  vizt.  a  copy  of  their  charge 
or  by  any  means  to  give  him  any  knowledge  of  what 
they  had  to  alledge  against  him,  thereby  greatly  abusing 
the  trust  reposed  in  them,  the  measures  they  took  having 
been  with  the  only  view  of  aspersing  him  by  screening 
the  guilty  against  your  Majesty's  just  and  royall  intention 
of  making  restitution  to  the  Spaniards.     Thus  unheard, 
ignorant   of   his   charge,   did  Mr.    Hey  wood   and  new 
Councillors  seize  his  person,  and  at  a  day's  warning 


48  COLONIAL   PAPERS. 

1717. 

sent  him  a  prisoner  to  Great  Britain,  having  granted 
a  very  extraordinary  if  not  illegall  warrant  for  his 
commitment,  and  all  this  by  a  majority  of  one  only, 
and  those  new  Councillors,  the  rest  protesting.  Lord 
Archibald  since  his  arrivall  here  has  continued  many 
months  under  bail  to  appear  and  answer  his  charge 
having  in  the  mean  time  made  frequent  applications 
to  have  the  said  accusation  brought  to  a  hearing.  The 
Governour  and  Councillors  conscious  of  the  injustice 
of  their  proceedings,  have  entirely  dropt  their  charge, 
and  have  chose  rather  to  disobey  H.M.  Roy  all  commands 
than  appear  any  further  in  the  matter.  By  all  which 
it  appears  that  the  complaint  was  raised  thro'  their 
malice  without  any  just  foundation,  merely  to  procure 
his  recall.  Prays  far  the  removal  of  the  said  Councillors 
and  the  Deputy  Secretary,  as  well  for  restoring  his 
injured  reputation  as  for  discouraging  such  evil  practices 
for  the  future,  etc.  2|  pp. 

109.  ii.  Samuel  Page  to  Governor  Lord  A.  Hamilton.  On 
board  the  Diamond,  March  6th,  1715.  Announces  that 
he  has  left  Jamaica,  without  H.E.'s  consent,  and  deputes 
Avery  Wagstaffe  to  execute  the  office  of  Secretary  etc. 
Copy.  1  p. 

109.  iii.  Mr.  Bernard  to  Lord  Archibald  Hamilton,  Jamaica, 
June,  1717.  In  the  Secretary's  Office  I  was  astonished  to 
see  the  entry  of  a  ticket  from  Lord  A.  Hamilton  to 
Samuel  Page  to  go  off  this  Island.  Page's  impudence 
is  surely  unparallelled.  I  very  well  remember  preceding 
letter,  etc.  Copy.  -|  p. 

109.  iv.  Copy  of  license  for  Samuel  Page  to  depart  etc.  referred 
to  in  preceding,  and  purporting  to  be  Signed,  A.  Hamil- 
ton.    Copy.     \  p. 
109.  v.  Copy,  in  French,  of  No.  1. 

109.  vi.  Copy,  in  French,  of  H.M.  Letter  to  Governor  Lord  A. 
Hamilton,  10th  April,  1716.  q.v.  [C.O.  137,  12. 
Nos.  67,  67  i.-vi.  ;  and  (covering  letter  and  enclosure 
i.  only)  138,  15.  pp.  315-325.] 

Sept.  27.  110.  D.  Harris  to  Mr.  Popple.  Here  being  a  clamour  att 
Londn.  ye  Jamaica  Coffee  house  about  making  one  Caillard  of  Jama,  a 
Councellour  there,  I  think  fitt  to  acquaint  you  that  he  was 
bookkeeper  to  a  factory  house  established  by  Mr.  Way  and 
myselfe,  etc.  I  have  now  a  fair  demand  on  him  for  £800  for  wch. 
I  must  sue  him  etc.  Signed,  D.  Hams.  Endorsed,  Reed.  28th 
Sept.,  Read  10th  Oct.,  1717.  Addressed.  Postmark.  1  p. 
[C.O.  137,  12.  No.  73.] 

Sept.  27.        111.     H.M.  Additional  Instructions  to  Lt.  Governor  Bennet. 
Hampton     As  No.  90  i.     Signed,  George  R.     The  like  Instructions  were  sent 
to  Governors  Hunter,  Shute,  Lowther,  Hamilton,  and  George 
Earl  of  Orkney.     [C.O.  324,  33.    pp.  102,  103.] 


AMERICA    AND    WEST    INDIES. 


49 


1717. 

Sept.  28.  112.  Governor  Hunter  to  Mr.  Pople.  Encloses  following 
N.  York,  for  Bampfield,  etc.  Continues  :  If  no  mark  of  discountenance 
or  discouragement  be  put  at  home  on  these  'men,  I  mean  Cox, 
Bustill,  Mulford  and  Sonmans,  I  believe  the  Ministry  will  be 
troubled  with  addresses  from  both  Provinces  very  speedily 
relating  to  these  enemys  to  their  countrey  and  all  that  is  good. 
I  have  not  had  the  honor  of  any  commands  from  the  board  of  a 
long  time.  Only  I  beg  that  in  my  name  you'll  be  pleased  to  recom- 
mend to  the  Council  of  New  York  Francis  Harrison  Esq.  it  is  true 
there  is  no  vacancy  but  a  necessity  of  a  supernumerary  several 
Councelors  living  at  a  distance  some  such  as  Col.  Schuyler, 
Renslaer  and  Heathcot,  not  attending  one  day  in  a  year  so  that 
I  am  frequently  at  a  losse  for  a  Quorum.  Our  Council  in  the 
Jerseys  dwindles.  Mr.  Huddy  and  Mr.  Parker  are  dead.  I 
desire  in  ye  room  of  the  former,  Peter  Fretwell,  and  of  the  later 
John  Parker  son  to  the  deceas'd.  I  hope  the  justice  of  my 
clame  will  make  amends  for  ye  want  of  my  personal  solicitation 
in  parliat.  this  session  and  I  beg  it  may  be  brought  on  unlesse  you 
be  ordred  otherwise  as  before.  I  need  not  excite  you  to  act 
for  your  friend,  I  have  experienc'd  too  uncommon  a  generosity 
from  you  to  doubt  it  and  am  with  a  warm  heart  intirely  yours, 
Signed,  Ro.  Hunter.  Endorsed,  Reed.  16th,  Read  26th  Nov., 
1717.  Holograph.  2J pp.  Enclosed, 

112.  i.  Extract  from  Journal  of  Assembly  of  New  York,  13th 
Sept.,  1717.  The  Committee  appointed  to  consider  of  a 
memorial,  entitled  a  Memorial  of  several  aggreivances  and 
oppressions  of  H.M.  subjects  in  the  Colony  of  New  York, 
reported  that  they  are  of  opinion  the  same  is  a  most 
false,  malitious  and  scandalous  paper,  reflecting  upon  the 
Governour  and  Government  and  the  wholl  Constitution 
of  this  Colony,  and  of  pernicious  consequence.  They  con- 
ceive, that  the  thanks  of  this  House  ought  to  be  returned 
H.E.  for  communicating  the  same,  and  that  he  be 
address'd  to  use  his  interest  at  the  Court  of  Great  Britain, 
to  find  the  author,  in  order  to  be  brought  to  justice,  and 
in  the  mean  time  H.E.  would  please  to  acquaint  the 
Indians  of  the  five  Nations,  that  we  utterly  abhor  and 
detest  that  suggestion  in  the  said  paper  or  lybell,  of 
reducing  the  Indians  by  force  and  possessing  their  lands, 
for  the  steadiness  of  those  Indians  to  the  interest  of  Great 
Britain,  all  the  last  warr  with  France,  it  is,  that  we  owe  in 
a  great  measure  our  present  security,  etc.  Address 
ordered  accordingly.  Copy.  1  p.  [C.O.  5,  971.  Nos. 
24,  24  i.  ;  and  5,  995.  pp.  360-363.] 

Sept.  28.        113.     Copy  of  the  Daily  Courant,  No.  4974,  recording  the 

[London.]     presentation  to  H:  M.  by  Mr.  Secretary  Addison  of  the  Address 

of  the  Grand  Jurors  of  New  York,  June,  1717,  etc.     Endorsed, 

Reed,  (from  Mr.  Philips),  Read  12th  Feb.,  17]  J.     Printed.     2  pp. 

Torn.     [C.O.  5,  1051.     No.  53.] 

Sept.  29.        114.     Petty    expences    of    the    Board    of    Trade,    postage, 

Wt.  441.  C.P.  4. 


50  COLONIAL    PAPERS. 

1717. 

stationery  etc.  from  Midsummer  to  Michaelmas,   1717.     4  pp. 
[C.O.  388,  77.     Nos.  32,  34,  36.] 

Oct.  1.  115.  Capt.  Passenger  to  Mr.  Popple.  Whereas  the  Council 
Newcastle  in  of  Trade  and  Plantations  commands  me  to  take  the  most  effectual 
St.  Johns  in  methods  to  prevent  the  irregularitys  and  abuses  committed  in 
Newfoundland,  especially  in  preventing  the  New  England  men 
carrying  away  H.M.  subjects  to  New  England,  I  take  this  oppor- 
tunity to  acquaint  their  Lordships  etc.,  that  the  last  year  the 
New  England  men  carried  away  1300  men,  and  a  great  many  of 
them  is  for  want  of  due  care  in  the  masters  of  fishing  ships,  after 
their  voyage  is  made  let  them  go  where  they  please  and  not  carry 
them  home  as  the  Act  of  Parliament  directs,  a  great  part  of  those 
men  that  are  so  carried  are  idle  fellows  that  have  spent  all  they 
get  in  the  summer,  then  they  ship  themselves  in  the  New  England 
vessells,  of  which  numbers  of  them  come  every  year  for  that 
purpose,  and  when  they  come  to  New  England  they  demand  three 
pounds  for  their  passage,  and  those  that  cannot  pay  that,  are 
sold  for  servants  which  abuse  makes  the  servants  in  Newfoundland 
so  scarce  that  they  must  give  18  or  £20  for  the  fishing  season,  so 
that  if  they  han't  an  extraordinary  fishing  season  and  a  great 
price  for  their  fish  the  masters  and  boatkeepers  lose  money  and 
break  and  this  year  in  St.  Johns  and  most  places  in  Newfoundland 
the  stages  and  boatrooms  was  not  half  imploy'd,  and  the  most 
substantial  fishing  masters  here  have  represented  it  to  me  that 
if  there  be  not  an  expedient  found  out  to  intirely  prevent  the  men 
being  carried  off  by  the  New  England  men,  the  fishing  in  New- 
foundland must  of  necessity  fall  in  three  or  four  years  more  which 
is  the  reason  I  give  this  early  trouble  before  I  can  send  their 
Lordships  the  whole  account  required  etc.  I  have  taken  all  the 
pains  in  my  power  to  prevent  those  so  much  complain'd  of 
abuses  this  season,  and  have  let  but  only  one  sloop  bound  to 
New  England  sail  since  I  have  been  in  this  harbour  and  bound 
the  master  in  a  bond  of  £5  for  every  man  he  should  carry  out  of 
the  land.  Notwithstanding  he  after  he  departed  St.  Johns  took 
on  board  of  Cape  Spear  six  men  etc.  Here  are  7  more  New 
England  vessels  which  have  refused  to  give  the  same  bond,  upon 
which  I  would  not  let  them  sail  till  I  depart  and  then  take  them 
along  with  me  which  will  be  in  two  or  three  dayes  but  beleive 
shall  have  a  hard  task  etc.  Those  masters  are  very  sawcy  and 
insolent,  and  one  of  them  told  me  when  I  told  him  they  would 
ruin  the  fishery,  he  did  not  care  if  it  was  ruin'd  etc.  Proposes 
that  the  Collectors  in  New  England  should  take  bonds  from 
masters  not  to  bring  any  men  from  Newfoundland  etc. 
Continues  : — The  land  would  be  much  the  better  if  they  could  be 
entirely  prohibited  coming  to  any  port  in  Newfoundland,  for  the' 
great  plenty  of  rumm  etc.  makes  this  place  a  perfect  scene  of 
drunkenness  and  debauchery,  and  all  the  masters  of  servants  in 
this  place  would  be  very  glad  if  rum  and  brandy  was  at  5  and  6s. 
the  gallon  but  the  New  England  men  make  such  a  glutt  that  the 
best  rumm  is  sold  for  25.  etc.  to  the  great  hinderance  of  fishing 
and  distroying  of  discipline  and  more  especially  in  the  absence  of 


AMERICA   AND    WEST    INDIES.  51 

1717. 

H.M.  ships  wch.  is  a  long  recess  of  ten  months  in  twelve,  without 
any  Goverment  more  than  he  that  is  strongest  is  the  best  man, 
so  that  dureing  the  little  time  H.M.  ships  are  here,  their  Com- 
manders time  is  taken  entirely  up  with  complaints  committed  in 
the  winter  etc.,  and  as  their  Lordships  have  represented  to  me 
(v.  9th  May)  if  I  could  find  any  man  fitt  to  govern  in  the  winter 
to  send  their  Lordships  his  name  it  is  my  humble  opinion  that 
there  is  not  now  nor  ever  has  been  a  man  since  the  first  settlement, 
that  has  resided  here  fitt  to  govern  farther  then  it  consists  for 
their  own  interest,  but  most  certain  it  is,  were  there  a  man  of 
honour  and  integrity  appointed  to  govern  and  to  be  on  the  spott, 
it  would  prevent  abundance  of  abuses,  and  without  that  I  cannot 
see  how  the  good  Goverment  in  the  fishery  and  trade  of  this 
country  can  flourish,  etc.  Signed,  W.  Passenger.  Endorsed,  Reed. 
28th  Oct.,  Read  7th  Nov.,  1717.  2f  pp.  [C.O.  194,  6.  No.  37  ; 
and  195,  6.  pp.  364-369.] 

[Oct.  1.]  116.  Sir  N.  Lawes  to  the  Council  of  Trade  and  Plantations. 
Recommends  for  the  Council  of  Jamaica,  John  Ascough,  formerly  a 
member,  who  now  intends  to  return  ;  John  Gregory,  and  James 
Risby,  instead  of  George  Bennet  formerly  suggested.  Continues  :- 
I  am  of  opinion  if  a  printing  press  were  set  up  in  Jamaica  ;  it 
would  be  of  great  use,  and  benefit  for  publick  intelligence, 
advertisements,  and  many  other  things.  But  to  prevent  abuses, 
that  might  attend  such  a  liberty,  there  should  be  but  one,  and 
that  to  be  licenced  by  the  Govr.  for  the  time  being.  And  I  also 
believe  a  Post  Office  to  be  established  in  a  regular  manner  for  the 
security  and  convenience  of  letters,  would  be  of  great  advantage 
to  trade  and  make  the  correspondencies  among  the  people  in  the 
Island  quick,  easie,  and  safe,  but  the  undertaker  must  have  some 
encouragement,  at  least  the  profitts  for  a  certain  term,  because 
it  will  require  a  great  expence  in  the  beginning  to  put  it  going,  but 
time  may  bring  it  to  some  advantage  I  hope  to  the  publick 
Revenue  of  that  Island.  Requests  their  Lordships'  approbation 
and  instructions  etc.  Endorsed,  Reed.  1st,  Read  10th  Oct.,  1717. 
1  p.  [C.O.  137,  12.  No.  75  ;  and  138,  15.  pp.  338-340.] 

[Oct.  2.]  117.  Deposition  of  Leonard  Barton  of  Port  Royal,  Mariner. 
17th  Aug.,  1716.  Deponent  delivered  a  letter  on  board  H.M.S. 
Diamond,  but  does  not  know  Dr.  Page  and  never  discoursed  him 
or  any  other  person  concerning  the  sloop,  formerly  called  the 
Kingsington,  taken  by  Capt.  Fernando  etc.  Signed,  Leonard 
Barton.  Endorsed,  Reed.  Read  2nd  Oct.,  1717.  2  pp.  [C.O. 
137,  12.  No.  80.] 

[Oct.  2.]  118.  Copy  of  proceedings  in  the  Court  of  Admiralty  held  at 
Port  Royal  in  Jamaica,  March  16 — July  llth,  1716.  The  sloop 
Kensington,  taken  by  Capt.  Francis  Farnando,  was  condemned, 
no  person  appearing  to  claim  and  defend  the  same,  etc.  Signed, 
John  Warner,  Judge  of  ye  Admiralty.  Endorsed  as  preceding. 
Z\pp.  [C.O.  137,  12.  No.  81.] 


52  COLONIAL   PAPERS. 


[Oct.  2.]  119.  Copy  of  the  Subscription  made  by  members  of  the 
Assembly  of  Jamaica  to  be  remitted  into  the  hands  of  Sr.  Gil. 
Heathcote,  for  the  soliciting  and  transacting  of  all  such  matters 
as  shall  tend  to  the  welfare  of  the  Island,  etc.  Endorsed  as 
preceding.  $p.  [(7.0.137,12.  No.  82.] 

[Oct.  2.]  120.  Copies  of  letters  from  Mr.  Secretary  Stanhope  to 
Governor  Lord  A.  Hamilton.  25th  Feb.  and  28th  Nov.,  1715. 
Endorsed  as  preceding.  [C.O.  137,  12.  Nos.  83,  84.] 

[Oct.  2.]  121.  Governor  Lord  A.  Hamilton  to  Mr.  Secretary  Stanhope, 
10th  Feb.,  1716.  Same  endorsement.  Copy.  [C.O.  137,  12. 
No.  85.] 

[Oct.  2.]  122.  Plea  by  T.  Barren  in  support  of  the  escheat  patent  to 
Pennant  and  Swymmer.  (v.  Oct.  16  etc.)  Same  endorsement. 
Upp.  [C.O.  137,  12.  No.  86.] 

[Oct.  2.]  123.  Copy  of  H.R.H.  Warrant,  July  17,  1716,  vacating  the 
grant  of  the  escheated  estate  of  Anna  Kupius  to  Pennant  and 
Swymmer,  and  granting  the  same  to  Edward  Nichols.  Same 
endorsement.  [C.O.  137,  12.  No.  87.] 

[Oct.  2.]  124.  Copy  of  H.M.  Warrant,  30th  April,  1715,  granting 
Anna  Kupius'  escheated  estate  to  Edward  Nicholls.  [C.O.  137, 
12.  No.  88.] 

[Oct.  2.]  125.  Memorandum  of  preceding  papers  by  Lord  A.  Hamilton. 
Same  endorsement.  Copy.  I  p.  [C.O.  137,  12.  No.  89.] 

Oct.  4.  126.  Address  from  the  General  Assembly  of  New  York  to 
Governor  Hunter.  We  are  utterly  strangers  to  the  grievances 
and  oppressions  complained  of  in  the  Memorial  sent  us  by  your 
Excellency  etc.  There  is  no  tax  imposed  on  the  people  but  by 
their  own  consent  in  General  Assembly,  which  is  cheerfully  given 
by  a  dutifull  people  towards  ye  support  of  his  most  Sacred 
Majesties  Government  over  us,  and  which  hath  been  duly  and 
faithfully  apply'd  to  ye  uses  intended,  and  accounted  for  to  ye 
satisfaction  of  the  General  Assembly  during  the  time  of  your 
Excellency's  administration  etc.  The  prosecution  of  Capt. 
Mulford  was  for  writing,  printing  and  publishing  a  scandalous 
libell  against  the  Government,  to  prevent  the  raising  any 
support  for  it,  he  had  first  attempted  it  by  way  of  speech  in  the 
General  Assembly  and  was  heard  with  impunity,  but  when  he 
ventured  to  print  what  he  had  said,  he  was  expell'd  etc.  Tho'  one 
of  the  Assembly  of  this  Colony,  he  is  very  much  a  stranger  to  the 
affairs  and  interest  of  it,  and  to  promote  his  beloved  Connecticut 
an  enemy  to  it,  the  being  tributaries  to  barbarous  heathens,  was 
a  cant  very  frequent  with  him  while  in  the  house,  and  used  by 
him  to  hinder  the  raising  those  necessary  supplys  the  Government 
wanted  to  use  in  the  Indian  affairs,  but  wee  thank  God  without 
any  other  effect  than  affording  tho  house  now  and  then  some 


AMERICA    AND    WEST    INDIES. 


53 


1717. 

diversion.  'Tis  a  little  odd  in  a  Memorialist  who  talks  so  warmly 
for  liberty  and  property  and  represents  the  province  to  be 
miserably  distress'd,  if  not  vassal'd,  by  the  raising  of  £30,000  for 
a  Canada  Expedition,  £27,000  for  the  paying  of  their  debts  and 
about  £4000  a  year  to  support  the  Government,  to  propose  an 
Expedition  against  the  Indians  at  ye  expence  of  half  our  personal 
estates  at  once  for  the  pious  purpose  of  cutting  their  throats  and 
possessing  their  lands  etc.  Wicked  and  rediculous  as  this  Mem- 
orial is,  it  may  be  attended  with  effects  worthy  the  care  of  a 
British  Ministry  to  prevent,  and  had  it  been  given  some  years 
since  when  the  French  were  our  enemies  in  the  manner  it  now  was, 
to  the  members  of  ye  house  of  Commons,  it  would  hardly  a  failed 
of  bringing  an  Indian  war  upon  all  ye  Colonies  of  English  on  the 
Continent.  Your  Excellency  is  not  ignorant  that  by  vilanous 
arts  the  Indians  are  made  to  believe  that  the  English  on  ye 
Continent  have  agreed  to  cut  them  off  and  that  you  are  the  only 
Governour  that  have  refused  to  joyn  in  that  execrable  project, 
that  it  was  with  difficulty  they  were  peiswaded  to  disbelieve  it 
(if  yet  they  do  so)  and  if  this  silly  memorial  should  fall  into  ye 
hands  of  the  enemies  of  the  Government,  either  forreigners  or 
English,  what  mischievious  use  might  not  be  made  of  it,  the 
Indians  will  be  told  such  a  proposal  has  been  made,  and  to  the 
members  of  a  British  Parliament  and  that  'tis  under  their 
consideration.  Your  Excellency  but  too  well  knows  the  ill 
impressions  the  Indians  have  received  and  the  position  they  are 
in  to  believe  such  a  tale  etc.  We  think  ourselves  bound  to  declare 
our  abhorrence  and  detestation  of  reducing  the  Indians  by  force 
and  possessing  their  lands  except  they  first  made  war  upon  us,  for 
to  the  steadyness  of  these  Indians  to  the  intrest  of  Great  Britain, 
it  is  that  we  owe  in  a  great  measure  our  present  security  from  ye 
irruptions  of  the  more  barbarous,  whilst  the  war  with  France 
continued,  this  Colony  was  not  only  covered  and  defended  by 
these  Indians,  but  when  expeditions  were  undertaken  against 
-,  the  french  on  this  side,  wee  ever  found  them  most  ready  to  assist 
in  them  wth.  all  their  force,  so  that  besides  the  injustice  of  such 
a  vile  attempt  as  surmis'd  in  that  paper,  if  it  were  practicable, 
such  an  action  must  bear  the  brand  of  the  blackest  perfidie  and 
ingratitude,  and  we  hope  your  Excellency  and  Council  will  joyn 
wth.  us  in  directions  and  Instructions  to  the  Agent  to  find  out 
this  offender  and  make  application  to  his  Maties.  Ministers  in 
order  to  his  being  brought  to  justice.  Signed,  By  Order  of  ye 
General  Assembly,  Wm.  Nicoll,  Speaker.  Endorsed,  Reed, 
(from  Mr.  Philips),  Read  12th  Feb.,  17f|.  1  large  p.  [.(7.0.  5, 
1051.  No.  52.] 

Oct.  4.          127.     Council   of  Trade   and   Plantations   to  Mr.   Secretary 
Whitehall.     Addison.     Transmit  new  seals  for  the  Plantations  and  draughts 

of  warrants  for  using  same.     Autograph  signatures.     1  p.     [C.O. 

5,  4.     No.  19  ;  and  324,  10.     p.  138.] 

Oct.  4.          128.     Circular  letter  from  the  Council  of  Trade  and  Plantations 
Whitehall,     to  the  Governors  of  Plantations.     As  it  frequently  happens  that 


54 


COLONIAL   PAPERS. 


1717. 


H.M.  wants  to  be  informed  of  the  state  of  the  whole,  or  some 
particular  branches  of  the  Revenue  in  the  Plantations,  we  are 
not  able  to  comply  -with  H.M.  commands  therein,  for  want  of 
such  regular  accounts  as  Governors  are  required  to  transmit  unto 
us.  Wherefore  H.M.  has  been  pleased  to  direct  us  to  remind  all 
the  Governors,  of  their  Instructions  in  that  behalf,  and  to  require 
them  to  send  us  constant  and  distinct  accounts  of  the  several 
branches  of  the  Revenue  in  their  respective  Governments  ;  to 
which  you  will  likewise  be  pleased  to  add  an  establishment  of  the 
constant  and  regular  expence  for  the  support  of  the  Government 
distinguishing  particularly  what  Revenues  aie  appropriated  for 
that  purpose  and  from  what  causes  it  doth  proceed  that  the  same 
falls  short  of  the  expences  together  with  a  separate  acct.  of  all 
contingent  and  extraordinary  charges.  And  it  will  be  absolutely 
necessary  we  should  be  constantly  informed  of  the  number  of 
acres  granted  by  H.M.  to  the  several  Planters  in  every  distinct 
county  of  your  Government  with  the  rent  reserved  thereupon. 
You  will  also  let  us  know  how  the  publick  accounts  are  audited. 
[C.O.  324,  10.  pp.  139,  140.] 

Oct.  4.          129.     Captain  Prissick  to  [Mr.  Popple].     Desires  to  be  heard 
London,      in  support  of  Col.  Codrington's  claim  (v.  29th  Aug).     Signed, 

Christo.  Prissick.     Endorsed,  Reed.  4th,  Read  10th  Oct.,  1717. 

1  p.     [C.O.  152,  12.     No.  43  ;  and  153,  13.    p.  111.] 

Oct.  5.  130.  William  Congreve  to  the  Council  of  Trade  and 
Ashley.  Plantations.  After  a  fitt  of  illness  for  two  month's  continuaince, 
I  am  but  just  gott  into  ye  country,  etc.,  and  am  altogether  unable 
to  waite  upon  the  Lords  Comrs.  as  they  desire,  etc.  You  may 
intimate  their  Lps.  that  I  have  already  given  satisfaction  to  both 
the  Principal  Secretarys  of  State  in  what  relates  to  me  concerning 
Mr.  Page.  Signed,  Wm.  Congreve.  Endorsed,  Reed.  9th,  Read 
10th  Oct.,  1717.  1  p.  [C.O.  137,  12.  No.  72.] 

Oct.  5.  131.  William  Cockburn  to  Mr.  Popple.  Encloses  following, 
Suffolk  street.  at  the  desire  of  Lord  A.  Hamilton.  Concludes  : — The  list  of 
vessells  delivered  by  Dr.  Page  (No.  iv.)  being  not  genuine,  the 
remarks  upon  it  inclosed  may  be  of  use  etc.  Signed,  Will. 
Cockburn.  Endorsed,  Reed.  7th,  Read  12th  Oct.,  1717.  1  p. 
Enclosed, 

131.  i.  Copy  of  Commission  granted  by  Governor  Lord  A. 
Hamilton  to  Jonathan  Barnet,  Commander  of  the 
snow  Tyger  to  seize  pyratical  vessels.  St.  Jago  de  la 
Vega.  Nov.  24,  1715.  Signed,  A.  Hamilton.  Endorsed 
as  preceding.  1|  pp. 

131.  ii.  Copy  of  Governor  Lord  A.  Hamilton's  Instructions 
to  Capt.  Barnet.  You  are  not  on  any  pretence  to 
committ  any  acts  of  hostility,  on  any  of  H.M.  allies, 
neuters,  friends  or  subjects  etc.  You  are  to  bring  into 
your  commission  port  all  such  pyrates  as  you  shall  take 
there  to  be  proceeded  against  according  to  law,  etc. 
Signed,  dated  and  endorsed  as  preceding.  1J  pp. 


AMERICA   AND   WEST   INDIES.  55 

1717. 

131.  iii.  Copy  of  bond  in  £1500  given  by  owners  of  the  Tyger 
commissioned  against  pirates  as  above,  to  observe  above 
Instructions  etc.  Nov.  24,  1715.  Signed,  Jonathan 
Barnet,  Lewis  Galdy,  Daniel  Axtell.  Same  endorsement. 
\lpp. 

131.  iv.  List  of  (10)  vessels  commissioned  by  Governor  Lord 
A.  Hamilton,  delivered  by  Mr.  Page,  Deputy  Secretary 
of  Jamaica,  to  the  Secretary  of  State.  Note.  The  above 
vessels  carried  more  than  800  men,  fitted  out  in  warlike 
manner,  doubly  provided  with  granadoes,  bombs  etc. 
The  Tyger  and  Mary  sloop  "  returned  innoxious." 
The  Eagle  and  Barsheba  were  the  vessels  complained  of 
by  Capt.  Don  Juan  del  Valle  for  robbing  the  Spaniards 
on  the  Florida  shore,  of  above  120,000  pieces  of  eight, 
besides  plundering  and  stripping  them,  took  their  arms 
and  powder  from  them,  and  gave  them  to  the  wild 
Indians  and  returned  with  their  booty  to  Jamaica,  and 
there  divided  the  same.  The  Eagle  is  sailed  out  again 
under  the  same  commission  with  about  100  men,  as  is 
the  Barsheba,  in  company  with  5  other  sloops  for  the 
wrecks,  well  fitted  with  warlike  stores.  The  Bennet 
sloop  Francis  Fernando,  Commander,  brought  into 
Carlisle  Bay  a  sloop  he  had  taken  from  the  Spaniards 
out  of  which  he  took  75,000  pieces  of  eight,  and  mer- 
chandize, as  the  master  of  the  Spanish  sloop  affirmed, 
to  the  value  with  the  money  to  140,000  pieces  of  eight 
belonging  to  the  French  late  Assientist ;  the  sloope 
was  soon  after  sent  up  to  Port  Royal  with  a  letter  from 
Fernando  to  the  Govi.,  importing  that  the  sloop  sent  in, 
was  formerly  the  Kingston  commanded  by  Henry 
Thornton,  and  taken  by  the  Spaniards  off  Cartagena, 
wch.  he  desired  might  be  condemned,  for  untill  then 
he  and  his  company  would  keep  out  at  the  sea  with  the 
booty  they  had  taken  out  of  the  said  sloop,  accordingly 
(as  I  have  been  informed)  the  sloop  with  her  caigo  was 
condemned  7th  March,  1715.  Endorsed  as  preceding .  Ip. 

131.  v.  Remarks  on  preceding.  (1)  The  vessels  would  have 
been  of  no  use  for  suppressing  pirates  if  not  fitted  out 
for  that  service.  (2)  The  Eagle  and  Barsheba  were 
not  the  vessells  first  complain 'd  of  by  Don  Juan  Del- 
vallee  ;  it  was  the  Tyger  snow,  whose  owners  being 
Mr.  Page's  particular  friends,  he  putts  down"  return'd 
innoxious,"  tho'  that  vessell  was  the  first  that  committed 
hostilities  and  which  occasion'd  the  journey  of  Don 
Juan  to  Jamaica,  the  securities  and  owners  of  the  said 
vessell  as  well  as  of  the  Mary  sloop  were  Lewis  Galdy 
and  Daniel  Axtell,  two  Assembly  men.  It  is  not  deny'd 
that  the  Eagle  and  Barsheba  committed  hostilities  on 
the  Spaniards  at  the  wrecks  but  not  to  the  fourth  part 
of  the  value,  nor  in  the  manner  describ'd  by  Doctor 
Page,  of  which  Don  Juan  had  the  first  notice  after  he 
had  been  some  time  in  Jamaica  which  occasion'd  his 


56  COLONIAL    PAPERS. 

1717. 


second  Memoriall  that  his  Lordship  laid  before  the 
Councill  and  they  came  to  resolutions  on  it  (Minutes  of 
Council,  9th  Feb.  17}£)  and  on  26th  Aprill  following  two 
Proclamations  issued,  one  for  recalling  the  commission'd 
vessells:  the  other  prohibiting  fishing  on  the  wrecks, 
(iii)  The  occasion  of  the  Eagle's  going  out  a  second  time 
was  at  the  request  of  severall  merchants  particularly 
Henry  Snarpe  who  had  but  a  few  days  before  the  Eagle 
went  out  been  taken  with  a  considerable  cargoe  by  a 
pirate,  in  sight  of  Jamaica.  The  Eagle  was  ordered  in 
pursuit  of  the  pyrate  and  she  retook  Mr.  Sharpe's 
vessell  and  run  the  pyrate  ashoar  on  the  south  side  of 
Cuba,  return'd  to  Jamaica  in  14  days,  and  never  went 
out  afterwards  with  the  said  Commission,  so  that  it  is 
humbly  conceived  this  was  a  peice  of  service  done  to  the 
Island,  (iv)  The  Barsheba  got  privately  away  from  the 
Island  contrary  to  the  express  commands  ^ of  Lord  A. 
Hamilton.  (Minutes  of  Council,  16th  Aug.,  1716.) 
(v)  The  sloop  which  Dr.  Page  mentions  to  have  been 
taken  and  sent  into  Port  Royall  Harbour  by  Capt. 
Farnando  was  actually  a  vessell  which  belong'd  to  Mr. 
Knight  a  merchant  at  Kingston,  and  had  been  taken 
some  time  before  with  a  cargo,  value  £12,000  by  a 
Spaniard  and  carry'd  unto  Porto  Bell,  where  she  had 
never  been  condemn'd,  so  that  Farnando  meeting  her 
at  sea  without  a  register  sent  her  to  Jamaica,  and 
perhaps  had  been  in  the  right  had  he  not  first  taken  out 
all  the  money  and  the  most  valuable  goods  into  his  own 
vessel,  which  however  did  not  amount  to  one  half  of 
the  same  Dr.  Page  mentions.  Mr  Bendish  one  of  the 
owners  of  Fernando  and  who  was  the  active  man  in 
solliciting  the  condemnation  together  with  the  captors 
obtain'din  the  Court  of  Admiralty  of  Jamaica,  a  sentence 
against  the  vessel  and  her  cargo  which  Dr.  Page  swears 
in  his  affidavit  Leonard  Barton  told  him  was  given  on  7th 
March,  17^f ,  whereas  Barton  swears  he  never  spoke  to 
Dr.  Page  about  it,  nor  indeed  is  it  probable,  for  the 
vessel  was  not  condemn'd  till  the  16th  of  March,  and  then 
Dr  Page  had  been  9  days  at  sea  etc.  His  Lordship  in 
publick  Council  declared  his  disapprobation  of  the  'said 
condemnation  and  appointed  a  Court  of  Delicates  to 
have  reversed  it  in  order  to  do  justice  to  the  Spaniards, 
but  the  day  before  the  said  Court  was  to  have  mett, 
his  Lordship  was  superceded  by  Mr.  Hay  wood,  who  has 
done  nothing  in  that  affair  since.  N.B.  The  Diligence 
galley  one  of  those  commission'd  by  his  Lordship  had 
a  patent  from  the  King  to  fish  upon  wrecks,  etc.  Same 
endorsement.  2  pp.  [0.0.  137,  12.  Nos.  78,  78  i.-v.  ; 
and  (witJiout  enclosures)  138,  15.  pp.  465-467.] 


Oct.  5.          132.     Mr.  Secretary  Addison  to  the  Council  of  Trade  and 
Whitehall.     Plantations.     H.M.  having  been  pleased  to  sign  the  Additional 


AMERICA    AND    WEST    INDIES. 


57 


1717. 


Oct.  [?  by 
error    for 
Nov.]    6. 

Whitehall. 


Oct.  7. 

Nevis. 


Instructions  to  the  Governors  of  the  several  Plantations  in 
America,  relating  to  their  passing  Acts  which  may  any  ways  affect 
the  Trade  or  Shipping  of  this  Kingdom  ;  I  herewith  transmit 
the  same  to  your  Lops,  that  they  may  be  forwarded  to  the  said 
respective  Governors  by  the  first  convenient  opportunity. 
Signed,  J.  Addison.  Endorsed,  Reed.  7th,  Read  10th  Oct.,  1717. 
|  p.  [C.O.  323,  7.  No.  108  ;  and  324,  10.  pp.  140,  141.] 

133.  Mr.  Popple  to  Horatio  Walpole.     The  Council  of  Trade 
and  Plantations  having  seen  a  copy  of  your  Patent  for  the  office 
of  Surveyor  and  Auditor  General  of  H.M.  Revenue  in  America, 
desire  you  will  let  them  have  as  soon  as  conveniently  may  be  an 
acct.  of  the  revenues  in  each  Govt.  for  3  years  last  past,  and  that 
the  annual  accts.  of  the  said  revenues  may  be  regularly  trans- 
mitted for  the  future.     [C.O.  324,  10.    p.  145.] 

134.  Governor    Hamilton    to    the    Council    of    Trade    and 
Plantations.     Begins  with  duplicate  of  26th  Aug.     Continues  : — 
I  am  honoured  with  your  Lordships  two  letters  of  the  16th  May 
last,  and  observe  the  contents.     I  should  have  visited  the  Virgine 
Island's  long  since,  as  I  advised  your  Lordship's,  but  have  all 
along  been  prevented  by  the  frequent  reports  of  the  pirates 
resorting  there,  and  the  smallness  of  the  man  of  warr  that  attends 
this  station,  but  am  now  assured  that  they  are  all  gon  to  north 
america,  or  to  some  other  parts,  so  that  as  sooneasthe  man-of-warr 
is  carreened,  which  the  Capt.  was  to  begin  as  soone  as  he  might 
with  safety  in  relation  of  the  bad  weather,  I  shall  go  downe,  and 
hope  then  to  be  able  to  give  your  Lordships  full  satisfaction  in 
relation  to  those  Island's.     I  observe  about  the  complaints  made 
to  H.M.,  of  an  illegall  trade  being  carryed  on  between  H.M. 
Plantation's,  and  the  French  settlements.     I  shall  to  the  utmost 
of  my  power,  take  care  that  the  same  be  suppres'd,  and  shall 
give  directions  throughout  all  the  Island's,  that  particularly  the 
5  and  6  articles  of  the  Treaty  of  peace  and  nutrality  in  America 
etc.  1686  be  strictly  observed,  but  it  is  almost  inpossible  for  the 
officers  to  prevent  them  from  carrying  on  in  some  measure  an 
underhand  trade,  for  the  many  bay's  we  have  about  the  Island's, 
except  wee  had  (as  the  French  have)  some  small  sloopes  that 
might  go  constantly  manned  for  that  purpose,  and  be  Guarde  de 
Coaste,  the  Collector  of  St.  Christophers  lately  made  a  seizure  of 
a  small  French  ship  for  having  traded  on  that  coast,  which  was 
condemned  in  a  Court  of  Admiralty,  but  was  afterwards  lost,  and 
stoave  all  to  pieces  in  the  great  storme,  and  litle  or  nothing  saved 
as  he  informes  me,  etc.     Some  time  since  (upon  seveiall  complaints 
being  made  to  me)  I  was  obliged  to  dismiss  one  Mr.  Clement 
Crooke  from  being  Chiefe  Justice  of  St.  Christophers,  for  having 
been  guilty  of  severall  ill  practices  and  corruptions,  as  your 
Lordships  will  perceive  by  the  severall  affidavids  herewith  sent, 
besides  that  the  saied  Crooke  is  a  verry  profligate,  and  a  man  of 
no  learning,  besides  one  that  is  verry  much  in  debt.     I  have  in  his 
stead  appoynted  one  Mr.  Mathew  Mill's,  a  person  thorroughly 
well  affected  to  his  present  Majesty,  and  the  Protestant  Succession 


58  COLONIAL    PAPERS. 

1717. 


in  his  illustrious  House,  a  man  of  clear  estate,  a  universall  good 
character,  and  well  qualified  for  the  post,  whom  I  hope  your 
Lordship's  will  aprove  of,  for  I  assure  your  Lordships,  I  have  no 
other  aime  than  H.M.  interest,  and  the  good  of  the  Island's 
his  Majesty  has  intrusted  me  with,  etc.  Signed,  W.  Hamilton. 
Endorsed,  Reed.  14th  Jan.,  Read  7th  Feb.,  17JJ.  3  pp. 
Enclosed, 

134.  i.  Deposition  of  Martin  Nicholls,  St.  Christophers,  25th 
Sept.  1717.  Col.  Clement  Crooke  as  Treasurer  refused 
to  pay  £90  due  to  deponent  as  gunner  to  Charles  Fort 
about  5  years  ago,  unless  he  would  take  about  the 
third  part  and  give  the  Treasurer  a  rect.  on  the  back 
of  his  acct.  pass'd  by  the  Committee,  wch.  deponent  was 
oblidg'd  to  accept  off.  Deponent  then  took  up  some 
refug'd  negroes  from  Mr.  Ottley  upon  the  sd.  Treasurer's 
promise  to  pay  for  them,  wch.  as  yet  is  not  effected  etc. 
Signed,  Martin  Nicholls.  1  p. 
134.  ii.  Duplicate  of  No.  40  i. 

134.  iii.  Deposition  of  Thomas  Butler,  St.  Christophers,  24th 
Sept. ,1717.  In  1712  Clement  Crooke  one  of  the  Justices 
Assistant  in  the  Court  of  Queen's  Bench,  retained 
deponent  to  be  of  council  with  James  Williams  against 
Ann  Sanders  alias  England,  and  directed  him  to  bring 
an  action  in  the  said  Court  in  the  name  of  said  Williams 
v.  said  Sanders  for  the  recovery  of  sever  all  negro  slaves. 
He  gave  deponent  three  pistoles  as  a  fee,  and  deponent 
afterwards  heard  that  Judge  Crooke  bore  all  the  charges 
of  the  action  etc.  Signed,  Thomas  Butler.  1  p. 
134.  iv.  Deposition  of  James  Gordon,  St.  Christophers,  26th 
Sept.,  1717.  Deponent  last  Feb.  bought  for  the  use  of 
Joseph  Crisp  5000  staves  for  sugar  cask,  and  lodged 
them  in  a  storehouse  in  Basseterre  belonging  to  Crisp. 
Clement  Crooke,  Chief  Justice,  threw  away  these  and 
other  goods  there  stored,  and  beat  Crisp's  negro.  Crooke 
said  he  had  a  grant  for  the  storehouse  from  Lt.  General 
Matthew  and  threatened  to  throw  all  Crisp's  goods,  his 
attorney  Matthew  Mills  and  deponent  into  the  sea. 
He  said  that  he  would  value  no  order  from  the  General 
for  Crisp  to  keep  quiet  possession  till  ejected  by  law, 
and  that  the  General  had  sent  such  an  order  for  John 
Considem  to  keep  possesion  of  his  house  and  land  to  the 
Court  of  King's  Bench  (for  which  Crooke  said  he  had  also 
a  grant)  of  which  the  Court  took  no  notice,  etc.  Signed, 
James  Gordon.  2  pp. 

134.  v.  Deposition  of  James  Williams,  Basseterre,  St.  Christ- 
ophers, 19th Sept.,  1717.  Corroborates  No. iii.  Deponent 
accepted  Judge  Crooke 's  offer  to  be  at  the  charge  of 
sueing  for  the  negroes,  upon  deponent's  giving  him  a 
bond  to  pay  Crooke  £50  if  he  should  recover  them. 
Crooke  sat  upon  the  Bench  at  the  tryal,  but  a  verdict 
was  found  agt.  him,  etc.  Signed,  James  Williams,  his 
mark.  1  p. 


AMERICA   AND    WEST    INDIES.  59 

1717. 

134.  vi.  Deposition  of  Orlando  Billingsley,  Nevis,  28th  Aug., 
1717.  On  22nd  Aug.  Clement  Crooke  delivered  to 
Governor  Hamilton  the  answers  of  several  persons  to 
certain  interrogatories  relating  to  the  said  Captain 
General  and  Martha  Assaillie  ;  the  General  upon  reading 
the  answer  of  Crooke  asked  him  several  questions  relating 
to  the  particular  paragraphs.  Crooke  having  suggested 
in  his  answer  that  he  having  delivered  a  certain  order, 
H.E.  told  him  he  had  not  then  time  to  read  it,  the 
General  asked  what  reasons  he  assigned  ;  Crooke  an- 
swered that  H.E.  was  just  then  taking  horse.  It  being 
incerted  in  said  answer  that  H.E.  had  told  Crooke  he 
was  informed  said  Assaillie  was  a  Roman  Catholick  and 
an  inhabitant  of  Guardaloupe,  and  that  H.E.  said  he 
knew  she  was  bred  a  Protestant,  H.E.  said  he  never  did 
say  anything  like  her  being  bred  a  Protestant  but  said 
that  her  being  suspected  to  be  a  Papist  and  her  being 
then  among  the  French  at  Guardaloupe  were  the 
reasons  why  H.E.  would  not  pass  her  a  patent  for  her 
late  father's  plantation  etc.  Crooke  owned  that  those 
were  H.E.'s  reasons  ;  that  Assaillie  was  then  among  the 
French  at  Guardaloupe  ;  that  he  told  H.E.  he  had 
bought  Mrs.  Assaillie's  right  to  the  plantation  etc. ; 
and  that  H.E.  said  H.M.  Ministers  (not  His  Majesty) 
had  been  imposed  upon  etc.  H.E.  told  Mr.  Crooke  his 
answer  was  made  up  of  most  scandalous  and  notorious 
falsities  and  that  the  most  material  things  were  left 
out,  the  more  to  aggravate  and  increase  the  matter, 
and  that  Crooke  was  guilty  of  very  great  and  malicious 
perjuries,  upon  which  Crooke  said  that-  when  H.E. 
should  come  to  St.  Christophers  he  would  alter  any  such 
part  thereof  or  immediately  interline  any  such  other 
things  as  H.E.  would  please  to  direct.  Signed,  0. 
Billingsley.  2  pp. 

134.  vii.  Deposition  of  Thomas  McGill,  Nevis,  28th  Aug., 
1717.  Corroborates  preceding.  Signed,  Tho.  Makgill. 
I  p. 

134.  viii.  Deposition  of  John  Pinney,  Nevis,  19th  Sept.,  1717. 
On  22nd  Aug.  Clement  Crooke,  Agent  for  Mrs.  Martha 
Assailie,  refused  to  pay  the  fee  for  the  affixing  of  the 
Seal  to  duplicates  of  depositions  taken  in  St.  Christ- 
ophers in  her  cause,  according  to  H.M.  order  in  Council. 
Deponent  thereupon  left  them  with  the  Governor  and 
informed  Crooke  they  were  ready  for  him  whenever 
he  pleased  to  goe  for  them,  but  that  the  General  would 
hardly  part  with  them  without  his  fee  for  the  Seal. 
Crooke  replied  God  damn  me  I'le  trouble  myself  no 
faither  about  them,  and  went  to  St.  Christophers  etc. 
Signed,  John  Pinney.  1  p. 

134.  ix.  Deposition  of  Timothy  Tyrrill,  Nevis,  28th  Aug.,  1717. 
Corroborates  No.  vi.  The  whole  endorsed,  Reed. 
14th  Jan.,  Read  7th  Feb.,  17J-J.  1  p.  [C.O.  152,  12. 


60 


COLONIAL    PAPERS. 


1717. 


Nos.  02,  62  i.-ix.  ;  and  (without  enclosures)  153,  13. 
pp.  214-216;  and  (covering  letter  only)  152,  12. 
No.  67.] 

Oct.  8.          135.     H.M.  Wcarrants  to  Governors  of  Plantations  (Leeward 

Hampton     Islands,  Barbados,  Jamaica,  New  Hampshire,  the  Massachusets 

Court,       Bav   New  jersey ?  Virginia,  Bermuda  and  New  York)  for  using 

the  new  Seal.     Countersigned,  J.  Addison.     That  for  New  Jersey 

is  printed,  N.  J.  Archives,  1st  Ser.  iv.  332.     [C.O.  3-24,  33.     pp. 

104-107;  and  (draught)  153,  13.  pp.  109,  110;  and  29,  13.  pp. 

403-405  ;  and  138,  15.     pp.  330-332  ;  and  5,  915.     pp.  49-52  ; 

and  5,  995.     pp.  338,  339  ;  and  5,  1365.     pp.  1,2;  and  38,  7.     pp. 

333,  334  ;  and  5,  1123.     pp.  453,  454.] 


Oct.  8. 

Hampton 

Court. 


136.     H.M.  Warrant  granting  Lt.  Governor  Thomas  Tolmach 
leave  of  absence  for  a  year  for  the  recovery  of  his  health.     Counter  - 
I,  J.  Addison.     [C.O.  324,  33.     p.  103.] 


Oct.  8. 

Hampton 

Court. 


137.  Order  of  King  in  Council.  Approving  Representations 
of  Ufa  an(j  i4th  Oct.,  1717,  restoring  Samuel  Barwick  to  the 
Council  of  Barbados,  and  granting  him  one  year's  further  leave 
of  absence,  etc.  Signed,  Edward  Southwell.  Endorsed,  Reed. 
30th,  Read  31st  Jan.,  17^.  If  pp.  [C.O.  28,  15.  No.  30; 
and  29,  13.  pp.  450-452.] 

Oct.  8.          138.     H.M.  Warrants  for  above.     Countersigned,  J.  Addison. 

Hampton      [C.O.  324,  33.      pp.   112-114.] 
Court. 

[Oct.  10.]  139.  Reasons  for  removing  Samual  Page,  Deputy  Secretary 
of  Jamaica,  v.  following.  Anonymous.  Endorsed,  Reed.  10th, 
Read  llth  Oct.,  1717.  1%  pp.  [C.O.  137,  12.  No.  77.] 

[Oct.  10.]  140.  Anonymous  Memorial,  giving  reasons  for  restoring  to 
the  Council  of  Jamaica  those  who  were  put  out  upon  the  removal 
of  Lord  Archibald  Hamilton.  They  have  always  endeavoured  to 
support  H.M.  Government,  follow  H.M.  Instructions  and  promote 
the  welfare  of  the  Island  ;  those  who  displaced  them  have  always 
opposed  H.M.  Government,  and  have  given  up  the  Council's 
right  to  amend  money  bills.  Their  enquiry  into  the  charges 
against  Lord  A.  Hamilton  was  partial,  and  sent  him  home  without 
any  proof  or  witness,  etc.  Endorsed,  Reed.  Read  10th  Oct.,  1717. 
2J  pp.  [C.O.  137,  12.  No.  74  ;  and  138,  15.  pp.  333-338.] 

Oct.  11.  141.  Peter  Heywood,  C.  in  C.  of  Jamaica,  to  the  Council 
Jamaica,  of  Trade  and  Plantations.  Refers  to  letter  of  13th  Aug.  Capt. 
Reynolds  took  under  his  convoy  thro'  the  Windward  passage 
such  mercht.  ships  as  were  ready  etc.  He  now  lyes  ready  with 
another  fleet  and  advises  he  will  be  gone  the  15th  instant.  Since 
wch.  (Aug.  13th)  1  have  not  had  any  account  of  the  pyrates,  no 
vessells  coming  to  this  Island  having  met  with  them.  I  send 
herewith  the  Acts  passed  this  Session  with  the  Journals  of  the 
Councill  and  Assembly  wch.  1  prorogu'd  to  the  6th  Nov.  next. 


AMERICA    AND    WEST    INDIES. 


61 


1717. 


Oct.  11. 

Whitehall. 


Oct.  11. 

Whitehall. 


Oct.  11. 

Whitehall. 


I  thank  God  I  can  write  your  Ldships.  that  H.M.  Island  was 
never  in  greater  peace  and  tranquillity  then  at  this  time,  etc. 
Signed,  Peter  Heywood.  Endorsed,  Reed.  23rd  Dec.,  1717, 
Read  2nd  Jan.,  17] -J.  1  p.  [C.O.  137,  12.  No.  106  ;  and  138, 
16.  pp.  46,  47.] 

142.  Circular  letter  from  the  Council  of -Trade  and  Planta- 
tions to  the  Governors  of  Plantations.     H.M.  having  signed  an 
additional  Instruction  to  you  relating  to  the  not  passing  Acts 
which  may  affect  the  Trade  and  Shipping  of  this  Kingdom,  as 
also  a  warrant  for  your  using  a  new  seal  etc.,  we  herewith  transmit 
them  etc.     The  letter  to  Governor  Hunter  is  printed,  Journal  of 
Legislative  Council  of  New  York,  I.  428.     [C.O.  324,  10.     p.  141  ; 
and  138,  15.     p.  464.] 

143.  Council    of    Trade    and    Plantations    to    the    King. 
Recommend  for  H.  M.  confirmation  Act  of  Barbados  to  dock  the 
intail  of  certain  lands  etc.     (v.  Sept.  4).     [C.O.  29,  13.     pp.  405, 
406.] 

144.  Council   of  Trade   and   Plantations  to   Mr.    Secretary 
Addison.     We  enclose  the  draught  of  Instructions  for  Sr.  Nich. 
Lawes  in  the  usual  form,  except  some  few  alterations,  as  follows  : — 
(i.)  Wheieas  by  the  10th  Instruction,  the  Governor  is  restram'd 
from  suspending  any  of  the  Council,  without  the  consent  of  the 
majority,  wch.  in  some  cases  may  prove  of  ill  consequence,  we  have 
added  at  the  end  of  that  Article  the  words  beginning,  Nevertheless 
if  it  shou'd  happen  that  you  shou'd  have  reasons  for  suspending 
of  any  Counsellor,  not  ft  to  be  communicated  to  the  Council,  you 
may  in  that  case  suspend  such  persons  without  their  consent ;  But 
you  are  thereupon  immediately  to  send  to  us  by  one  of  Our  Principal 
Secretaries  of  State  and  to   Our   Commissioners  for   Trade  and 
Plantations  an  account  thereof,  with  your  reasons  for  such  suspension, 
as  also  for  not  communicating  the  same  to  the  Council,  and  duplicates 
thereof  by  the  next  conveyance,     (ii.)  In   the    16th   Article  for- 
bidding the  Governor  to  pass  bills  of  an  extraordinary   and 
unusual  nature  etc.  we  have  added. the  words,  Or  that  may  anyways 
affect  the  trade  or  shipping  of  this  Kingdom,  pursuant  to  H.M. 
directions  on  that  behalf.     We  have  also  added,  that  he  do  not 
pass  any  Bill,  that  shall  repeal  an  Act  or  Acts  that  have  had  the 
Royal  Assent  without  first  having  Jiad  leave  from  H.M.,  unless 
there  be  a  clause  in  the  sd.  Bill,  suspending  the  execution  thereof, 
till  H.M.  pleasure  be  known,     (iii.)  We  have  made  some  small 
alterations  in  the  29th  and  30th  Articles,  only  to  inforce  them,  and 
to  prevent  their  being  liable  to  be  in  any  manner  misunderstood, 
(iv.)  As  it  has  been  a  great  prejudice  to  the  settling  of  the 
Plantations,  that  large   tracts  of  land  have  been  gianted  to 
particular  persons,  who  are  not  able  to  cultivate  and  improve  the 
same  ;  and  we  observing,  that  the  35th  Article  wch.  was  in 
former  Instructions  on  that  subject  did  not  fully  answer  the  end 
it  was  design'd  for  ;  we  have  substituted  another  Article  in  its 
place,  which  we  hope,  if  duly  observ'd,  will  be  more  effectual, 


62  COLONIAL    PAPERS. 

1717. 


(v.)  The  Governor  having  objected  to  the  41st  Art.  ;  wch.  was 
in  former  Instructions  and  requir'd  him  to  send  over  a  map  with 
the  exact  description  of  the  whole  Island,  that  he  cannot  comply 
with  this  direction,  unless  he  has  a  power  to  appoint  a  Surveyor 
General  with  suitable  encouragement,  we  humbly  offer  to  H.M. 
consideration,  as  what  might  be  of  great  benefit  to  H.M.  service, 
that  proper  persons  may  be  appointed  to  take  surveys  and  make 
exact  maps,  not  only  of  Jamaica,  but  of  the  other  Islds.  and 
Plantations  in  America,  (vi.)  By  the  44th  Article,  the  Govr.  is 
requir'd  upon  the  suspension  of  any  Patent  Officer  or  his  Deputy, 
to  take  care,  that  the  person  appointed  to  execute  the  place, 
during  such  suspension,  do  give  sufficient  security  to  the  person 
suspended  to  be  answerable  to  him  for  the  profits  accruing  during 
his  suspension,  in  case  he  be  restor'd,  but  as  this  might  in  some 
cases  prove  a  very  great  hardship  to  the  person  appointed  to 
officiate,  during  the  suspension,  we  have  added  the  following 
words,  //,  is  nevertheless  Our  pleasure  that  the  person  executing  the 
place,  during  such  suspension  shall  for  his  encouragemt.  receive 
the  same  profits  as  the  person  suspended,  if  a  Deputy,  did,  or  a 
moiety  of  the  profits  in  case  of  the  suspension  of  the  patentee. 
(vii.)  We  have  omitted  the  49th  Article  relating  to  a  Court  of 
Exchequer,  the  53rd  relating  to  a  Court  for  determining  small 
causes,  the  75th  relating  to  the  Ministers  being  of  their  respective 
Vestrys,  the  95th  relating  to  inhumanity  to  servants,  Indians  or 
slaves,  and  the  96th  Article  abt.  Work  Houses,  (wch.  articles 
used  to  be  in  former  Instructions)  because  the  several  matters 
recommended  by  them  are  now  provided  for  by  the  Laws  of  the 
Island,  (viii.)  Whereas  in  the  61st  Article  of  former  Instructions, 
it  used  to  be  said,  that  with  other  powers  of  Vice- Admiralty,  the 
Govr.  was  to  receive  from  the  Commissioners  for  executing  the 
Office  of  High  Admirall  of  Great  Britain,  authority  to  suspend 
any  Captain  or  Commander  of  any  ship  of  war  for  refusing  or 
neglecting  to  obey  such  written  orders  as  shou'd  be  given  him  by 
the  said  Governor  for  H.M.  service  etc.  But  the  Lords  of  the 
Admiralty  having  not  thought  fit  to  add  to  the  Commission  of 
Vice-Admiral,  wch.  they  have  given  Sr.  Nicholas  Lawes,  any  such 
power,  we  have  alter'd  the  clause  in  the  manner  you  will  observe 
by  the  59th  Article  of  the  present  Instructions  ;  However  as  it 
may  be  of  great  consequence  to  the  service  of  the  Plantations, 
that  such  ships  of  war  as  shall  be  sent  to  protect  the  said  Planta- 
tions and  the  Trade  thereof  respectively  shou'd  be  during  their 
stay  there,  under  the  directions  of  the  Governor,  more  particularly, 
with  relation  to  co-nvoys  and  sailing  orders,  we  are  humbly  of 
opinion  that  it  will  be  for  the  publick  service,  that  all  the 
Governors  in  the  Plantations  shou'd  be  impower'd  and  authoriz'd 
accordingly.  -  (ix.)  In  the  73rd  Article,  after  these  words,  You  are 
not  to  prefer  any  Minister  to  any  Ecclesiastical  Benefice  in  that 
Island  without  a  certificate  from  the  Rt.  Rev.  Father  in  God,  the 
Lord  Bishop  of  London,  we  have  added,  or  some  other  Bishop,  as 
believing  the  certificates  of  one  Bishop  in  such  a  case,  relative 
only  to  the  life  and  conversation  of  the  person,  equal  to  that  of 
any  other  Prelate,  because  it  has  been  represented  to  us,  that  it 


AMERICA    AND    WEST    INDIES.  63 

1717. 

woud  be  expensive  and  inconvenient  to  clergymen  to  be  oblig'd 
to  travel  1  to  London,  purely  to  obtain  a  certificate,  when  a  more 
convenient  place  of  embarkation  might  offer  for  them  at  some 
other  part,  (x.)  After  the  words  said  Lord  Bishop  of  London  in 
the  76th  Article,  we  thought  it  necessary  to  add  the  following 
words,  but  when  such  persons  so  qualify'd  as  above  shall  be  wanting 
for  the  promotion  of  learning  and  good  education,  you  may  yourself 
license  such  other  persons  as  you  shall  think  qualify'd  for  such 
imployment.  (xi.)  At  the  end  of  the  90th  Article,  wen.  seems 
calculated  to  discourage  vexatious  appeals  to  your  Majesty's 
Council  in  England,  we  have  added  the  following  words.  In  any 
case  where  a  judgement  first  given  by  an  Inferiour  Court  in  that 
our  Island  shall  have  been  cow  firm' d  by  the  Governor  and  Council 
there,  as  being  desirous  to  follow  the  original  design  of  the 
Instruction,  so  far  forth  as  the  same  may  be  agreable  to  the 
practice  in  the  Courts  of  Judicature  in  England,  where  every 
appeal  to  a  Superior  Court  stops  the  execution  from  the  Inferior, 
reserving  out  of  that  general  rule  such  cases  only  as  carry  in  the 
very  face  of  them  an  appearance  of  being  vexatious,  (xii.)  'We 
have  omitted  the  100th  Article  wch.  was  You  are  to  acquaint  our 
Council  and  Assembly  that  we  think  fit  when  any  complaint  shall 
be  intended,  against  you,  notice  shall  be  immediately  given  you  thereof 
by  the  complainants  with  the  charge  against  you  in  writing  to  the 
end  you  may  make  preparation  for  your  defence,  Because  we  find 
that  one  of  the  Articles  of  Impeachment  against  the  Ld.  Strafford 
in  the  reign  of  King  Charles  the  1st,  was  for  his  having  obtain'd 
an  order  to  this  effect  ;  and  because  we  take  it  for  granted  that 
whenever  any  complaint  is  offer'd  here  against  a  Governor, 
nothing  will  be  determin'd  about  it.  nor  any  impression  be  taken 
to  his  prejudice,  before  he  has  had  a  copy  of  that  complaint  and 
sufficient  time  and  opportunity  to  make  his  justification,  (xii.) 
We  have  added  the  Articles  95-101,  pursuant  to  H.M.  Commands 
April  12th.  In  relation  to  the  Council,  we  take  leave  to  observe, 
that  having  had  before  us  several  lists  of  persons  recommended 
to  us  to  be  Councillors  by  the  former  and  present  Governors,  as 
well  as  by  several  other  persons  of  consideration,  we  have  inserted 
the  names  of  Fran.  Rose.  Tho.  Bernard,  James  Archbould, 
John  Ayscough.  John  Sadler  and  Ezekiel  Gomersal,  some  of  them 
being  of  the  present  and  others  having  been  of  the  former  Council 
and  have  always  behav'd  themselves  with  zeal  for  the  service  of 
the  Crown  and  the  ] niblick.  We  have  omitted  of  Cha.  Chaplin, 
Jno.  Blair,  Jas.  Risby,  Tho.  Beckford,  and  George  Bennet,  the 
two  first  having  been  formerly  remov'd  by  a  Representation  of 
this  Board  at  the  King's  happy  accession  to  the  Crown,  and  having 
jointly  with  others  since  they  were  restored,  given  their  assent  to 
sevl.  bills,  in  wch.  we  conceive  they  have  not  had  a  due  regard, 
either  to  the  King's  Instructions  or  the  support  of  H.M.  just 
Prerogative.  And  we  have  added  the  names  of  John  Moore, 
Edward  Pennant.  Tho.  Harrison.  Saml.  Moore,  John  Gregory  and 
Jno.  Mora nt  who  have  been  represented  to  us  as  Gentm.  of  good 
estates,  well  affected  to  H.M.  Government  and  every  way 
qualify 'd  to  serve  H.M.  in  that  station.  And  having  communicated 


64  COLONIAL    PAPERS. 

these  names  to  Sr.  Nich.  Lawes,  he  has  given  us  the  same 
characters  of  them.  As  for  Peter  Hey  wood  Esq.  the  present 
Commander  in  Chief,  we  think  him  lyable  to  the  same  objections 
as  the  other  Gentm.  whose  name  we  have  omitted,  besides, 
we  have  been  inform'd  that  he  wou'd  not  care  to  act  as  Councillor 
after  he  has  had  the  chief  command  there.  We  further  send  you 
the  draught  of  Instructions  relating  to  the  Acts  of  Trade  and 
Navigation  wch.  are  in  the  usual  form.  Annexed, 

144.  i.  H.M.  Instructions  for  Sir  N.  Lawes,  Governor  of 
Jamaica.  St.  James's.  Jan.  1st,  17-J--J.  In  the  usual 
form,  except  that  Articles  49,  53,  75,  95,  96,  and  100  of 
former  Instructions  are  omitted  (v.  supra),  and  alterations 
are  made,  as  indicated  in  covering  letter,  in  Articles  10,  16, 
29,  30,  35,  44,  59,  73,  90,  95-101. 

Articles  29,  30,  35,  59,  95-101  now  run  :— (29)  It  is 
Our  express  will  and  pleasure  that  no  Law  for  raising 
any  imposition  on  wines  or  other  strong  liquors  be  made 
to  "continue  for  less  than  one  whole  ye'ar,  and  that  all 
other  laws  made  for  the  supply  and  support  of  the 
Government  shall  be  indefinite,  and  without  limitation, 
except  the  same  be  for  a  temporary  service,  and  wch. 
shall  expire  and  have  their  full  effect  within  the  time 
therein  prefix'd.  (30)  And  whereas  several  other  laws 
have  formerly  been  enacted  for  so  short  a  time  that 
our  assent  or  refusal  thereof  cou'd  not  be  had  thereupon, 
before  the  time  for  wch.  such  Laws  were  enacted,  did 
expire,  You  shall  not  for  the  future  give  your  assent 
to  any  law  that  shall  be  enacted  for  a  less  time  than  two 
years  ;  and  you  shall  not  re-enact  any  law,  to  which  our 
assent  has  once  been  refus'd,  without  express  leave  for 
that  purpose  first  obtain'd  from  us,  upon  a  full 
representation  by  you  to  be  made  of  the  reason,  and 
necessity  for  passing  such  law.  (35)  And  whereas  it 
hath  been  in  all  times  a  very  great  hindrance  to  the 
peopling  and  settling  of  our  said  Island,  that  large 
tracts  of  land  have  been  engross'd  by  particular  persons, 
a  great  part  whereof  still  remain  uncultivated,  whereby 
the  Island  is  depriv'd  of  many  inhabitants,  that  wou'd 
other  ways  have  settled  there,  and  have  greatly  contri- 
buted to  the  security,  wealth  and  defence  thereof. 
Now  having  taken  the  said  inconvenience  into  our 
Princely  consideration,  and  being  especially  minded  to 
provide  against  so  great  an  evil  for  the  future,  We  do 
hereby  in  a  very  particular  manner  recommend  to  you 
to  use  your  best  endeavours  to  get  a  law  pass'd  in  the 
most  effectual  terms  for  obliging  all  persons  already 
possess'd  of  any  lands  in  our  said  Island  to  plant  and 
cultivate  the  same  within  the  space  of  three  years  or  to 
dispose  of  the  same  to  such  persons  as  will  undertake 
to  do  it,  and  in  default  thereof,  that  such  lands  may 
revert  to  us  to  be  regranted  as  We  shall  see  cause  ;  and 
it  is  Our  express  will  and  pleasure,  that  no  grant  of  lands 


AMERICA    AND    WEST    INDIES.  65 

1717. 

shall  be  made  by  you  on  our  behalf  to  any  person  what- 
ever already  possess'd  of  1000  acres  or  more,  within  our 
said  Island,  and  that  no  person  whatever  shall  for  the 
future  be  capable  of  holding  by  any  grants  hereafter  to 
be  made  on  our  behalf  more  than  1000  acres  as  aforsd. 
And  that  all  future  grants  shall  be  expressly  upon 
condition,  that  the  land  granted  shall  be  cultivated 
within  three  years  or  else  revert  to  us.  Our  Heirs  and 
Successors.  (59)  And  whereas  you  will  receive  from 
Our  Commissioners  for  executing  the  Office  of  High 
Admiral  etc.  a  Commission  of  Vice-Admiral  of  our  said 
Island  of  Jamaica,  you  are  hereby  requir'd  and  directed 
carefully  to  put  in  execution  the  sevl.  powers  thereby 
granted  you.  (95)  Whereas  We  have  been  inform'd 
that  some  Assemblys  have  of  late  assum'd  to  themselves 
the  power  of  adjourning  at  pleasure  without  leave  from 
Our  Governors  first  obtain'd  as  usual  by  request,  wch. 
is  highly  detrimental  to  Our  Royal  Prerogative  and  may 
prove  of  prejudice  to  the  publick  service,  It  is  our  will 
and  pleasure,  that  you  signify  to  the  General  Assembly 
of  Jamaica  ;  and  that  you  accordingly  insist  upon  it, 
that  they  have  no  right  to  adjourn  themselves  other  ways 
than  de  die  in  diem,  excepting  Sundays  and  holidays, 
without  leave  from  you  Our  Governor  or  from  Our 
Governor  or  Commander  in  Chief  of  the  said  Island  for 
the  time  being  first  ask'd  and  obtain'd.  (96)  Whereas 
by  these  Our  Instructions  to  you  for  the  better  Govt.  of 
the  said  Island,  you  are  required  to  take  care,  that  in 
all  Acts  or  Orders  to  be  pass'd  within  that  Our  Island 
in  any  case  for  levying  money  or  imposing  fines  and 
penal tys,  express  mention  be  made,  that  the  same  is 
granted  or  reserv'd  to  Us,  Our  Heirs  and  Successors  for 
the  publick  uses  of  that  our  Island,  and  the  support 
of  the  Government  thereof,  as  by  the  said  Act  or  Order 
shall  be  directed.  And  whereas  the  General  Assemblys 
of  Our  Island  of  Jamaica  have  of  late  assum'd  to  them- 
selves the  sole  right  of  framing  money  bills,  refusing  to 
let  the  Council  alter  or  amend  the  same  ;  You  are  to 
take  notice  that  Our  Council  as  such  are  a  more  ancient 
part  of,  and  have  still  at  least  an  equal  share  in  the 
Legislature  with  the  Assembly,  who  have  no  right  to 
meet  or  debate  upon  any  matters  whatsoever,  but  by 
virtue  of  a  clause  in  Our  Commission  under  the  Great 
Seal  of  this  Kingdom,  without  which  they  cou'd  not  be 
elected  nor  sit  as  an  Assembly,  That  Our  said  Council 
have  frequently  alter'd  money  bills  in  former  times 
without  opposition  from  the  Assembly  ;  And  We  are  so 
far  from  looking  upon  this  pretended  right  to  be  inherent 
in  the  said  Assembly,  that  we  esteem  the  same  to  be  a 
violation  of  the  accustom'd  usage  and  constitution  of 
Jamaica  ;  Wherefore  you  are  hereby  requir'd  to  support 
Our  Council  in  their  just  right  in  this  particular. 

Wt.  441.  C.P.  5. 


66  COLONIAL    PAPERS. 

1717. 


(97)  And  whereas  the  General  Assembly  s  have  within 
these  few  years  taken  upon  them  to  nominate  Commis- 
sioners for  the  receipt  of  the  publick  monys,  wch.  may 
be  attended  with  many  other  inconveniencys  and 
dangerous  consequences,  besides  the  prejudice  done  to 
the  person,  whom  We  have  appointed  or  shall  hereafter 
appoint  to  be  Our  Receiver  General  of  Jamaica,  under 
the  Great  Seal  of  this  Kingdom,  You  are  not  to  give  your 
consent  for  the  future  to  any  law  for  the  raising  of  mony 
or  the  value  of  mony,  whereby  it  is  not  expressly 
declar'd  that  such  mony  shall  be  put  into  the  hands  of 
and  receiv'd  by  Our  Receiver  General  aforesaid  ; 
provided  that  nothing  herein  contain'd  shall  be  construed 
to  hinder  the  Assembly  from  appropriating  any  mony 
given  by  them  on  extraordinary  occasions  in  such  manner 
as  may  not  be  contrary  to  the  intent  of  this  or  any 
other  Instruction,  herewith  given  to  you.  (98)  Whereas 
we  have  judg'd  it  necessary  for  Our  service,  and  for  the 
defence  and  security  of  Our  said  Island  of  Jamaica, 
that  the  two  independent  Companies  now  remaining 
there,  shou'd  continue  on  foot,  untill  the  Island  be 
better  peopled  with  white  men  ;  you  are  to  recommend 
to  the  Assembly  in  the  strongest  terms  to  make  pro- 
vision for  subsisting  the  said  two  Companies,  assuring 
ye  Assembly  at  the  same  time  in  Our  name  that  the  said 
two  Companies  shall  be  sent  for  from  thence  as  soon  as 
it  shall  appear  to  Us,  that  there  are  white  people  enough 
establish 'd  there  to  defend  that  Island  against  the 
attempts  of  any  enemies  from  without,  and  of  the  negro 
slaves  from  within.  (99)  And  whereas  the  Lord  Archd. 
Hamilton,  late  Govr.  of  that  Island  and  the  then 
Council  did  disburse  several  considerable  sums  for  the 
subsistence  of  the  said  two  Companies  at  a  time  when 
the  Assembly  had  declin'd  providing  for  them.  And 
whereas  it  is  but  just  and  reasonable,  that  monys 
advanc'd  upon  exigencys  for  the  publick  services  shou'd 
be  punctually  discharg'd.  It  is  Our  will  and  pleasure, 
that  you  move  the  Assembly  also  in  Our  name  in  the 
most  pressing  manner  that  they  take  care  to  provide 
such  supplies  as  may  be  necessary .  for  the  dischargeing 
not  only  of  that  and  the  other  debts  of  the  Government 
unprovided  for,  but  also  that  they  take  care  to  settle 
such  a  Revenue  as  may  be  thought  sufficient  for  the 
support  and  honour  of  the  Government  for  the  future. 
(100)  And  whereas  the  Members  of  several  of  the 
Assemblys  in  the  Plantations  have  frequently  assum'd 
to  themselves  the  privilege  of  being  protected  from 
suits  at  law,  during  the  term  they  remain  of  the  Assembly 
to  the  great  prejudice  of  their  creditors  and  the  obstruc- 
tion of  Justice,  and  whereas  it  has  been  declar'd  by  her 
late  Majesty  in  Council  the  31st  May,  1713,  upon  a  full 
examination  of  the  matter,  that  there  is  no  ground  for 


AMERICA    AND    WEST    INDIES. 


67 


1717. 


Oct.  11 


Oct.  11. 

London. 


Oct.   14. 
Whitehall. 


Oct.  14. 

Whitehall. 


144. 


the  claiming  such  pretended  privilege,  nor  have  you 
Our  Governor  any  authority  by  Our  Commission  to  you 
to  allow  the  same  ;  It  is  therefore  Our  will  and  pleasure 
that  no  such  pretended  privilege  be  allow 'd  to  any 
Member  of  the  Assembly  or  of  Our  Council  (otherways 
than  in  their  persons)  which  you  are  to  signify  to  them, 
that  all  officers  and  other  persons  whom  it  may  concern 
may  take  notice  hereof  and  pay  due  obedience  hereunto. 
(101)  And  whereas  upon  the  expiration  of  an  Act 
pass'd  in  Our  Island  of  Jamaica  in  1693  for  raising 
mony  to  sollicit  in  England  the  affairs  of  this  their 
Majesty  s'  Island,  the  Assembly  did  pass  a  bill  for  ye 
same  purpose,  wherein  Our  Council  were  entirely 
excluded  from  any  share  in  the  management  thereof  ; 
We  do  hereby  empower  you  to  give  your  consent  to  a 
new  law  for  raising  mony  to  sollicit  the  affairs  of  Our 
said  Island  in  England,  provided  that  such  levy  do  not 
exceed  £300  ster.  yearly,  and  that  two  of  Our  Council 
in  conjunction  with  five  of  the  Assembly,  to  be  nam'd 
by  their  respective  Bodies  be  thereby  authoriz'd  to 
exercise  the  several  powers  given  them  by  the  former 
Act  passed  in  1693. 

ii.  H.M.  Instructions  to  Sir  N.  Lawes  relating  to  Trade  and 
Navigation.     [C.O.  138,  15.     pp.  344-457.] 


145.  Richd.  Bankesto  the  Council  of  Trade  and  Plantations. 
Repeats  proposal  to  purchase  the  late  French  lands  in  St.  Christ- 
ophers etc.     Signed,  Richd.  Bankes.     Endorsed,  Reed.  Read  llth 
Oct.,  1717.     1  p.     [C.O.  152,  12.     No.  44.] 

146.  Micajah  Perry,  John  Perry  and  Samuel  Travers  to  the 
Council  of  Trade  and  Plantations.     Undertake  to  purchase  the 
late  French  lands  in  St.  Christophers  upon  the  terms  proposed  by 
John  Mills  (v.  Sept.  19),  lately  deceased.     Signed,  Micajah  Perry, 
John  Perry,  Saml.  Travers.     Endorsed,  Reed.  Read  llth  Oct., 
1717.     1  p.     [C.O.  152,  12.     No.  45.] 

147.  Mr.  Popple  to  Wm.  Lowndes.     Applies  for  orders  to 
H.M.  Printer  to  supply  the  Board  of  Trade  with  copies  of  several 
Acts  necessary  to  be  given  to  Governors  of  Plantations  with  their 
Instructions.     [C.O.  324,  10.     pp.  142-144.] 

148.  Council  of  Trade  and  Plantations  to  the  King.     An  Act 
having  been  pass'd  in  your  Majesty's  Island  of  Barbados  in  July 
1716,  entituled  an  Act  laying  an  imposition,  or  duty  on  all  sugars, 
molossies,  rum,  cotton  and  ginger  imported  this  Island,  which  are 
not  the  natural  product,  growth  and  manufacture  of  some  of  H.M. 
Colonies,    we    have    considered   the    reasons    the    Agents   have 
suggested  to  us  for  passing  the  said  Act  (v.  Sept.  25),  which  are  to 

Erevent  commerce  carryed  on  by  a  few  private  persons  who  have 
illen  into  the  Dutch  and  French  sugar  trade,  and  very  much 
assisted  and  improved  the  French  and  Dutch  Colonies  by  sending 


68 


COLONIAL    PAPERS. 


1717. 


Oct.  14. 

Hampton 
Court. 


them  horses,  asses  and  negroes  to  the  great  detriment  of  the 
inhabitants  of  Barbado's,  who,  with  respect  to  the  labour  and 
expence  in  cultivating  their  land  are  under  greater  disadvantages 
than  the  Dutch  or  French  in  those  parts  ;  and  to  correct  an 
abuse  that  has  been  practised  of  late  years  in  importing  of  foreign 
sugars  into  Barbado's,  and  reexporting  the  same  afterwards  to 
this  Kingdom  under  the  notion  of  sugars  of  the  growth  of  the  said 
Island,  whereby  the  payment  of  the  double  duty  on  foreign 
sugars  has  been  evaded  and  the  price  of  the  sugars  of  your 
Majesty's  own  Plantations  lessened,  whereupon  we  are  humbly  of 
opinion  that  the  said  Act  may  be  fit  to  receive  your  Majesty's 
Royal  approbation.  [C.O.  29,  13.  pp.  407-409.] 

149.  Mr.  Secretary  Addison  to  the  Council  of  Trade  and 
Plantations.  Refers  following  for  their  report.  Signed,  J. 
Addison.  Endorsed,  Reed.  22nd  Oct.,  Read  6th  Nov.,  1717. 
Enclosed, 

149.  i.  Petition  of  Anne  Low,  Widow,  to  the  King.     Prays  for 

a  patent  for  the  sole  privilege  of  making  sturgeon  in 
America.  Petitioner's  husband  was  murdered  by  the 
Indians.  Her  father  who  devotes  himself  to  the  fishing 
trade  in  the  Plantations  and  at  Hamburgh  etc.,  has 
acquired  the  art  of  curing  sturgeon,  and  brought  it  to  a 
much  greater  perfection  than  had  been  formerly  done 
by  H.M.  subjects.  He  now  requires  her  to  go  over  and 
help  him,  etc.  Signed,  Anne  Low.  The  whole  1  p. 
[C.O.  5,  866.  Nos.  124,  124  i.  ;  and  5,  915.  pp.  52-55.] 

150.  Mr.  Popple  to  Messrs.  Mayne  and  Tilden.     Sends  a  box 
containing  the  new  Seal  and  papers  to  be  forwarded  to  the  Gover- 
nors of  Barbados  and  Bermuda.     Similar  letter  to  Mr.  R.  Tryon 
for  the  Leeward  Islands  and   to  Mica j ah  Perry  for   Virginia. 
[C.O.  29,  13.     p.  409.] 

151 .  Receipt  for  the  new  Seal  of  Jamaica.     Signed,  Nicholas 
Lawes.     J  p.     [C.O.   137,   12.     No.  79  ;  and  138,   15.     p.  467.] 

152.  Council  of   Trade   and  Plantations   to   Mr.    Secretary 
Addison.     Report  upon  petition  of  Edward  Pennant  and  Anthofcy 
Swymmer  (v.  Sept.  19th).     We  conceive  the  grant  of  the  escheated 
estate  of  Anna  Kupius  to  petitioners  is,  and  ought  to  stand  good 
etc.     Set  out,  A.P.C.  II.    pp.  732-734  q.v.       [C.O.  138,  15.     pp. 
467-474.] 

[Oct.  16.]  153.  W.  Byrd  to  the  Council  of  Trade  and  Plantations. 
Argues  in  support  of  the  Council  of  Virginia  as  to  the  joining 
other  persons  with  them  in  Commissions  of  Oyer  and  Terminer, 
etc.  (v.  May  4th.)  Signed,  W.  Byrd.  Endorsed,  Reed.  10th  Oct., 
Read  13th  Nov.,  1717.  3J  pp.  [C.O.  5,  1318.  No.  30.] 

[Oct.  16.]  154.  H.M.  Warrant  granting  to  Horatio  Walpole  the  re  version 
of  place  of  Surveyor  and  Auditor  General  of  H,M.  Revenues  in 


Oct.  15. 

Whitehall. 


Oct.  15. 
Whitehall. 

Oct.  16. 

Whitehall. 


AMERICA    AND    WEST    INDIES.  69 

1717. 

America,  etc.     Copy.     (cf.  C.S.P.  1715.     No.  640).     [C.O.  324,  49. 


Oct.  16.  155.  Mr.  Popple  to  Sir  Edward  Northey.  Encloses,  for  his 
Whitehall,  opinion  in  point  of  law,  Acts  of  Antigua,  (i.)  to  prevent  the 
increase  of  Papists  and  Nonjurors,  1716.  (ii.)  for  erecting  a 
Church  in  St.  John's,  1716,  and  (iii.)  to  quiet  present  possessors 
of  lands,  to  limit  actions  and  avoid  suits  in  Law,  1717.  [C.O.  153, 
13.  pp.  120,  121.] 

Oct.  16.         1 56.     Council  of  Trade  and  Plantations  to  theLordsCommissrs. 

Whitehall.  of  ^G  Treasury.  Having  received  several  proposals  for  pur- 
chasing the  lands  in  the  late  French  part  of  St.  Christophers, 
pursuant  to  the  advertisement  published  by  your  order  in  the 
Gazette  of  the  3rd  of  August  past,  we  herewith  transmit  the  same 
to  your  Lordps.  wTCli  our  observations  thereon,  as  desired  by 
Mr.  Lowndes,  17th  July.  Your  Lordps.  will  find,  that  the 
prices  and  conditions  offered  by  the  several  proposers  are  very 
different,  and  that  the  highest  bidders  do  not  exceed  the  sum  of 
£6  pr.  acre  ;  excepting  only  Col.  Codrington,  who  has  offered  £8 
pr.  acre  for  some  particular  plantations.  But  as  we  are  wholly 
ignorant  of  the  number  of  acres  contained  in  the  lands  now  to  be 
disposed  of  for  the  benefit  of  the  publick,  as  not  having  any 
survey  of  the  same,  and  as  little  apprized  of  the  real  value  thereof, 
by  reason  that  most  of  the  informations  we  have  been  able  to 
acquire  relating  thereto,  have  been  chiefly  from  the  present 
possessors,  their  agents  or  other  persons  interested  therein;  we  can 
by  no  means  take  upon  us  to  determine  what  may  be  thought  a 
valuable  consideration  for  the  same,  or  any  part  thereof.  But  as 
we  presume  your  Lordps.  design  upon  the  sale  of  these  lands,  to 
dispose  of  them  in  such  manner  as  will  effectually  conduce  to  the 
benefit  and  advantage  of  the  publick,  which  in  our  opinion  cannot 
be  done  but  under  certain  conditions  and  restrictions,  necessary 
to  obtain  that  end,  we  beg  leave  to  observe  to  your  Lordships, 
that  almost  all  the  lands  now  to  be  sold,  are  already  possessed  by 
several  planters,  by  virtue  of  intermediate  grants  from  the 
different  Governors  of  the  Leeward  Islands,  for  a  limited  time, 
and  subject  to  the  King's  further  pleasure,  pursuant  to  an  Order 
from  the  Treasury,  Sept.  25,  1702,  whence  it  happens  that  most 
of  the  proposals  enclosed  are  in  behalf  of  the  said  planters  ; 
wherein  they  have  fixed  the  quantity  of  acres  contained  in  their 
respective  plantations  at  pleasure,  and  offered  such  prices  and 
terms,  as  were  suitable  to  their  several  inclinations.  There  may 
perhaps  be  some  objection  to  the  disposing  of  all  the  land  now  to 
be  sold  to  one  purchaser  only  ;  But  if  this  could  be  done  so  as  to 
produce  a  sum  equal  to  your  Lorps.'  expectations  and  under  such 
conditions  as  are  here  enclosed,  in  all  probability  much  trouble 
might  be  saved  thereby,  the  King's  most  gracious  intention  would 
soonest  have  its  effect,  and  the  publick  be  in  a  shorter  time  pos- 
sessed of  the  money  arising  from  the  sale.  Amongst  the  several 
proposers,  there  are  only  three  persons,  that  have  offered  to 
purchase  the  whole,  vizt.  Mr.  Banks,  Sir  Thomas  Johnston,  and 


70  COLONIAL    PAPERS. 

1717. 

Mr.  Mills.  The  first  of  these  has  offered  £6  pr.  acre,  subject  to 
certain  conditions,  which  are  in  part  what  we  shall  likewise 
propose  for  the  better  settling  of  the  Island.  The  second  has 
offered  £61,000  in  gross,  provided  the  lands  hold  out  to  the  same 
number  of  acres  mentioned  in  a  former  report  of  this  Board, 
laid  before  the  House  of  Commons,  which  at  the  best  would  prove 
a  very  uncertain  bargain.  Besides  that  he  tyes  himself  down  to 
no  conditions  or  restrictions.  But  the  person  who  seems  to  have 
put  his  proposal  upon  the  fairest  and  most  equal  foot,  with 
respect  to  the  interest  of  the  Crown  and  of  the  Planters,  is  Mr. 
Mills  ;  and  tho'  we  shall  not  pretend  to  decide  whether  the  price 
by  him  offered  be  equal  to  the  value  of  the  lands  (for  the  reasons 
already  mentioned)  yet  we  cannot  help  being  of  opinion,  that 
most  of  the  conditions  proposed  by  the  said  Mr.  Mills  are 
apparently  beneficial,  and  in  a  great  measure  absolutely  necessary 
for  the  effectual  setling  of  the  said  Island  ;  whereby  our  sugar 
trade  might  be  increased,  and  a  considerable  income  arise  to 
H.M.  in  his  Customs  ;  provided  due  protection  and  encouragement 
be  given  to  this  new  and  valuable  Plantation  ;  which  would  seem 
the  more  necessary  at  this  juncture,  because  both  the  French  and 
Dutch  in  America  do  already  sell  their  sugars  cheaper  than  we 
can  afford  to  do  ;  and  have  of  late  imported  great  quantities  even 
into  Barbadoes.  How  far  therefore  it  might  be  advisable  to 
exact  from  the  present  possessors  a  price  equal  to  what  any 
stranger  might  offer  for  the  lands  with  the  improvements  upon 
them  may  deserve  your  Lordps.'  serious  consideration,  but  it 
appears  to  us  by  a  Memorial  sent  you  herewith,  signed  by  Micajah 
Perry  and  other  merchants  in  behalf  of  the  planters  on  the  French 
land  in  St.  Christophers,  that  it  is  highly  just  and  reasonable  the 
present  possessors  should  have  the  preference  in  the  purchase 
of  the  lands  now  held  by  them,  provided  they  will  give  a  valuable 
consideration  for  the  same.  All  therefore  we  shall  trouble  your 
Lordps.  with  at  present  shall  be  only  to  offer  such  further 
conditions  and  restrictions  in  addition  to  those  contained  in  our 
letter  of  7th  Aug.  last,  as  may  in  our  opinion  render  this  sale  most 
advantagious  in  it's  consequences  to  the  publick  and  best  conduce 
to  the  good  settlement  of  the  Island.  It  may  likewise  be  neces- 
sary in  case  your  Lordps.  should  approve  of  these  conditions 
that  such  Instructions  as  you  shall  think  convenient  for  the 
occasion  should  be  given  to  the  persons  to  be  appointed  Surveyors 
and  appraisers  in  behalf  of  his  Majesty,  and  more  particularly 
that  they  should  have  copies  of  the  several  proposals  that  have 
been  made,  and  be  informed  what  mony  has  been  already  offered 
for  the  lands  now  to  be  disposed  of  for  their  better  Government 
in  the  execution  of  their  several  Commissions.  P.S. — Refer  to 
further  Memorials  by  Mr.  Bankes  and  by  Mr.  Perry,  on  the  death 
of  Mr.  Mills.  Annexed, 

156.  i.  Conditions  and  Restrictions  for  sale  of  French  lands  in 
St.  Christophers.  A  sworn  Surveyor  to  be  appointed. 
The  lands  to  be  divided  into  parishes,  and  the  inhabitants 
represented  in  the  Assembly  in  like  manner  and  propor- 
tion with  those  of  the  English  part  of  the  Island.  They 


AMERICA  AND  WEST  INDIES.  71 

1717. 

shall  likewise  be  subject  to  the  same  laws,  duty's  and 
imposts  and  enjoy  the  same  priviledges  in  every  respect, 
with  the  rest  of  H.M.  subjects  there.  Out  of  the  lands 
in  the  French  part  of  St.  Xtophers,  there  shall  be 
reserved  a  certain  quantity,  not  exceeding  3000  acres, 
lying  most  contiguous  to  the  sea  coasts,  which  shall  be 
given  gratis,  in  small  plantations,  from  8  to  10  acres,  to 
poor  families  for  their  incouragement  to  inhabit  and 
defend  the  Island  ;  which  lands  shall  be  held  in  capite, 
and  be  made  inalienable  in  such  manner  as  shall  be 
advised  by  H.M.  Council  learned  in  the  law.  The 
Salt  ponds  shall  likewise  be  reserved  for  the  common  use 
of  all  the  inhabitants,  together  with  such  parcells  of 
ground,  as  may  be  necessary  and  convenient  for  the 
building  of  churches  and  forts.  All  French  protestants 
and  others  possessed  of  lands  by  virtue  of  absolute  and 
legal  grants  from  the  Crown,  may  quietly  hold  and  possess 
the  same  according  to  the  tenure  of  their  respective 
grants.  After  which  reservations,  the  remainder  of  the 
lands  in  the  late  French  part  shall  be  sold  upon  the 
following  conditions,  (i.)  Upon  all  the  lands  now  to  be 
disposed  of,  besides  the  purchase  money,  there  shall  be 
reserved  to  H.M.  an  annual  Quit  Rent  of  6d.  sterling 
upon  every  English  acre  towards  the  support  of  the  Gov- 
ernment there,  (ii.)  After  an  exact  survey  taken,  the 
lands  shall  be  divided  by  the  Surveyor  into  several  lots  ; 
none  of  which  shall  exceed  200  acres,  and  a  just  value 
put  upon  every  lot  by  4  persons  appointed  for  that 
purpose,  and  sworn  to  act  impartially  ;  that  is  to  say, 
two  by  H.M.  and  two  by  the  present  possessors,  who  shall 
fix  the  price  between  the  King  and  the  purchasers  :  But 
in  case  any  difference  should  arise  upon  the  valuation, 
the  Surveyor,  as  umpire  shall  finally  determine  the  same, 
(iii.)  The  lands  being  thus  appraised  the  present 
possessor  shall  have  the  preference  in  the  purchase  and 
refusal  of  the  same,  but  he  shall  be  obliged  within  20 
days  after  the  valuation,  to  declare  whether  he  will  buy 
the  land  at  the  price  set  on  it  by  the  appraiser, 
(iv.)  In  case  the  present  possessor  shall  refuse  to  give 
the  sum  agreed  on  by  the  appraisers,  then  the  lot  so 
refused,  shall  be  sold,  by  publick  auction  to  the  fairest 
bidder,  in  which  case  the  purchaser  shall  be  obliged  to 
allow  the  present  possessor  a  consideration  for  his 
improvements  in  building  only,  and  a  reasonable  time 
for  carrying  his  goods  and  moveable  stock  of  the  lands  ; 
which  consideration  and  time  shall  be  fixed  in  the  same 
manner,  and  by  the  same  persons  as  the  value  of  the 
land  was  :  But  the  person  removing  shall  be  answerable 
to  the  purchaser  for  any  willfull  wast  by  him  committed 
upon  the  premises,  after  the  value  fixed  14)011  the  lot 
as  aforesaid,  (v.)  But  where  it  shall  happen  that  the 
lot  to  be  sold,  is  not  already  in  the  possession  of  any 


72  COLONIAL  PAPERS. 

1717. 


planters  by  virtue  of  intermediate  grants  from  the 
Crown,  or  from  any  Governor  of  the  Leeward  Islands, 
such  lot  shall  be  publickly  exposed  to  sale  to  the  fairest 
bidder.  The  same  method  shall  likewise  be  observed 
for  the  disposal  of  such  lands  not  already  legally 
possessed,  as  may  be  proper  for  the  breeding  of  stock, 
tho'  not  fit  to  be*  planted  with  sugar  canes,  (vi.)  Pro- 
vided nevertheless  that  no  person  shall  be  capable  of 
purchasing  or  enjoying,  either  in  his  own  name  or  by 
trustees,  above  200  acres  of  the  lands  now  to  be  disposed 
of.  (vii.)  And  in  case  the  person  intending  to  purchase 
shall  be  already  possessed  of  a  plantation  in  the  English 
part  of  the  Island,  he  shall  be  capable  of  purchasing  no 
more  of  the  french  lands  than  will  be  sufficient  to  make 
up  the  plantations  already  possessed  by  him  200  acres. 
(viii.)  No  Roman  Catholick  or  Nonjuror  shall  be 
admitted  to  purchase  any  part  of  these  lands,  either 
in  his  own  name  or  by  trustees,  (ix.)  Every  person 
admitted  to  purchase  shall  pay  the  price  agreed  on  to 
such  officer  as  shall  be  appointed  by  H.M.  to  receive 
the  same,  in  manner  foil. ;  that  is  to  say,  one  fourth 
part  thereof  immediately  upon  being  put  into  possession, 
and  the  remainder  in  three  equal  payments  to  be  made 
half  yearly,  so  that  the  whole  purchase  money  may  be 
paid  in  within  the  compass  of  two  years  from  the  date 
of  every  sale  respectively,  (x.)  Every  purchaser  shall 
be  obliged  to  keep  and  maintain  within  18  months  after 
he  shall  have  been  put  into  possession  of  his  lot,  one 
white  man  or  two  white  women  servants,  for  every  60 
acres  of  land,  and  two  white  men  or  four  white  women 
servants  for  the  same  lands  within  18  months  more, 
(xi.)  Proper  orders  shall  be  sent  to  the  Governor  of  the 
Leeward  Islands  to  pass  good  and  effectual  grants  under 
the  Great  Seal  of  those  Islands  to  the  respective 
purchasers  and  to  their  heires  for  ever,  of  the  several 
lots  to  be  sold  to  them  upon  the  preceding  conditions, 
which  patents  shall  resolve  and  determine  all  former  and 
other  grants,  which  grants  so  to  be  made,  shall  at  any 
time,  when  desired  be  confirmed  to  the  several  purchasers 
by  Letters  Patents  under  the  great  Seal  of  Great 
Britain,  (xii.)  If  any  person  should  offer  such  a  price  for 
all  the  lands  now  to  be  disposed  of,  as  should  be  thought 
reasonable,  such  person  may  be  admitted  to  purchase 
the  same,  provided  he  will  give  >  ufficient  security  to 
retale  the  said  lands  again  to  the  present-  possessors, 
and  to  such  other  persons  as  shall  be  willing  to  buy  the 
same  in  the  manner,  and  subject  to  the  several  directions 
prescribed  by  the  foregoing  conditions,  (xiii.)  Such 
general  purchaser  for  his  incouragement  to  undertake 
this  settlement  shall  be  allowed  so  much  profit  upon 
every  acre  by  the  respective  persons  to  whom  he  shall 
retale  the  same,  as  shall  be  thought  reasonable ; 


AMERICA  AND  WEST  INDIES. 


73 


1717. 


Oct.  16. 

Whitehall. 


Oct.  16. 
Whitehall. 


provided  the  total  produce  of  all  the  lands  by  him 
purchased,  when  retaled,  shall  not  exceed  the  total  of  the 
original  purchase  money  by  him  paid,  or  to  be  paid  to 
H.M.  for  the  same.  [C.O.  153,  13.  pp.  121-134.] 

157.  Council    of    Trade    and    Plantations    to    the    Lords 
Commissioners  of  the  Treasury.     Refer  to  Governor  Hamilton's 
letter,  15th  July,  and  the  request  of  the  inhabitants  of  Anguilla 
for  leave  to  remove  to  Sta.  Cruix.     Continue  : — As  we  have  lately 
proposed  to  your  Lordps.  amongst  the  conditions  by  us  offered 
for  the  better  settlemt.  of  the  french  lands  in  the  Island  of  St. 
Christophers  that  about  3000  acres  should  be  reserved  to  be 
distributed  gratis  in  small  plantations  from  8  to  10  acres  each 
for  the  encouragement  of  poor  families  to  settle  there  for  the 
defence  of  the  Island,  we  humbly  conceive  it  would  be  highly 
necessary  for  H.M.  service  upon  that  occasion,  that  the  Governor 
of  the  Leeward  Islands  should  have  orders  without  loss  of  time  to 
assure,  not  only  the  inhabitants  of  Anguilla,  but  also  the  other 
poor  planters  in  like  circumstances  there  in  H.M.  name,  that  they 
shall  be  allowed  to  settle  in  St.  Xtophers  upon  the  terms  mentioned 
in  preceding.     [C.O.  153,  13.    pp.  134,  135.] 

158.  Council  of  Trade  and  Plantations  to  the  King.     Having 
had  under  our  consideration  some  Acts  that  passed  in  your 
Majesty's  Islands  of  St.  Christophers  and  Antegoa,  and  having 
received  the  opinion  of  your  Majesty's  Attorney  and  Solicitor 
Genl.  concerning  them,  we  take  leave  to  represent  that  (i.)  The 
Act  passed  in  Antegoa,  1715,  for  constituting  a  Court  of  Chancery, 
provides  that  the  Court  of  Chancery  shall  for  the  future  be  held 
before  the  Governor  and  Council,  and  not  before  the  Governor  as 
it  was  held  before  the  passing  this  Act ;  this  is  agreeable  to  a  law 
and  the  practice  in  your  Majesty's  Island  of  Barbadoes,  and  we 
have  no  objection  why  your  Majesty  may  not  be  graciously 
pleased  to  confirm  this  Act  in  favour  of  your  subjects  of  Antegoa. 
(ii.)  An  Act  passed  in  Antegoa,  1716,  for  establishing  a  Court  of 
King's  Bench,  Common  Pleas,  and  Errors  for  the  better  regulating 
and  settling  due  methods  for  the  administration  of  Justice  and 
limiting  a  time  for  issuing  executions  out  of  the  Court  of  Chancery 
in  this  Island.     Tho'  there  are  several  things  contained  in  it 
proper  for  regulating  the  proceedings  in  these  Courts,  yet  in  our 
humble  opinion  it  is  not  fit  to  receive  your  Majesty's  approbation 
for  the  following   reasons  given   by   your  Majesty's  Attorney 
General.     Quote  his  reporlDec.  12, 1716.     (iii.)  An  Act  passed  in  St. 
Xtophers,  1716,  to  prevent  the  danger  that  may  happen  by  fire  in  any 
of  the  towns,  seems  to  be  lyable  to  only  one  objection,  which  is 
that  it  obliges  the  owners  of  thatched  houses  to  pull  them  down 
or  to  board  all  such  houses  and  shingle  them  within  six  months 
after  the  date  of  this  Act,  without  allowing  the  said  owners  any 
consideration  for  so  doing  ;  But  as  this  part  of  the  Act  must 
already  have  had  its  effect,  and  that  no  complaints  that  we  know 
of,  have  been  made  against  it,  we  are  humbly  of  opinion  that 
your   Majesty    may    confirm    this   Act.     (iv.)  The   Act   of    St. 


74  COLONIAL  PAPERS. 

1717. 


Christophers,  1717,  to  impower  the  surveyor  of  the  highways  etc., 
may  deserve  to  be  confirmed  since  it  is  calculated  for  the  benefit 
of  the  publick  and  makes  due  provision  for  the  person  whose 
properties  might  be  affected  by  it.  [C.O.  153,  13.  pp.  136-140.] 

Oct.  17.  159.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehall,  Addison.  Reply  to  Sept.  3rd.  Report  upon  Mr.  Gordon's  attempt 
to  erect  an  ecclesiastical  Court  in  Barbados  etc.  Quote  corres- 
pondence from  Governor  Lowther,  Committee  of  Correspondence, 
Barbados,  and  Bishop  of  London.  Continue  : — The  letters  from 
the  Committee  of  Correspondence  and  the  Governor  seem  to 
insinuate  that  the  authority  now  attempted  to  be  exercised  by 
Mr.  Gordon,  is  entirely  new  in  that  country,  and  altho'  it  may  be 
true  that  the  late  Bishop  of  London  had  Commissaries  in  the  said 
Island,  yet  the  powers  given  them  were  more  restrain'd  than  those 
to  Mr.  Gordon.  Wherefore  we  thought  it  our  duty  to  examine 
upon  what  foot  the  Bishop's  authority  is  establish'd  in  the  Planta- 
tions ;  But  by  the  best  enquiry  we  have  been  able  to  make,  we 
can  find  no  other  foundation  for  the  same,  but  an  Article  in  the 
General  Instructions  to  all  H.M.  Governors  in  America  ;  nor 
cou'd  the  Bishop  inform  us  of  any  other,  tho'  in  all  probability 
the  plantations  may  have  been  formerly  recommended  to  the 
inspection  of  the  Bishops  of  London  by  some  Order  in  Council, 
from  whence  this  Instruction  might  take  its  rise.  The  first 
Instruction  runs  thus.  "  And  to  the  end  the  Ecclesiastical 
Jurisdiction  of  the  said  Bishop  of  London  may  take  place  in  the 
said  Island,  so  far  as  conveniently  may  be,  we  do  think  fit  that  you 
give  all  countenance  and  encouragement  to  the  exercise  of  the 
same,  excepting  only  the  collating  to  benefices,  granting  licences 
for  marriages  and  probate  of  wills,  which  we  have  reserv'd  to 
you  our  Governor,  and  to  the  Commander  in  Chief  of  our  said 
Island  for  the  time  being."  It  is  certain,  my  Lord  Bishop  has 
carefully  observ'd  the  latter  part  of  this  Instruction,  by  excepting 
out  of  Mr.  Gordon's  Commission  collating  to  benefices,  probate 
of  wills,  letters  of  administration  and  licences  for  marriages  ;  But 
it  is  to  be  fear'd  his  Lordship's  Commissary  has  had  littje  regard 
to  the  first  part  thereof,  whereby  prudence  and  moderation  seem 
to  be  recommended  in  the  exercise  of  this  authority,  by  the  words, 
so  far  as  conveniently  may  be  ;  However  it  is  possible  Mr.  Gordon 
might  be  ignorant  of  the  tenor  of  this  Article,  for  my  Lord 
Bishop  inform'd  us,  he  gave  him  no  other  Instructions  but  those 
contain'd  in  the  words  of  his  Commission  ;  And  as  his  Lordp. 
assur'd  us,  that  he  had  no  precedents  by  him  of  the  form,  in 
which  his  predecessor  us'd  to  grant  Commissions  of  this  nature, 
we  are  inclin'd  to  believe  they  may  have  been  different  from  this, 
because  there  are  some  clauses  in  Mr.  Gordon's  deputation, 
contrary  to  the  laws  of  Jamaica  ;  And  yet  my  Lord  Bishop  told 
us,  his  Commissary  there,  had  the  very  same  powers,  which  we 
are  persuaded  his  Lordp.  wou'd  never  have  granted,  had  he  been 
inform'd,  there  were  such  laws  in  force  in  that  Island.  The 
words  in  Mr.  Gordon's  commission  are  "  Et  quoscunque 
criminosos  sive  delinquentes  per  censuras  ecclesiasticas  et  alia 


AMERICA  AND   WEST  INDIES.  75 

1717. 

legitima  juris  ecclesiastic!  remedia  debite  corrigend'  reformand' 
et  puniend'  tibi  cujus  scientiae,  circumspectioni  et  industrial 
plurimum  confidimus,  vices  nostras  tenore  presentium,  authori- 
tate  qua  fungimur,  cum  cujuslibet  coercionis  ecclesiastics  et 
congruaa  potestate  committimus."  The  Clergy  indeed,  in  a 
following  clause  are  reserv'd  to  the  Bishop's  own  censure,  but  the 
Laity  are  here  absolutely  deliver'd  up  to  the  discretion  of  the 
Commissary,  contrary  to  the  intent  of  the  Jamaica  law  "  For  the 
maintaining  of  Ministers  and  the  poor,  and  repairing  of  Churches," 
which  was  confirm'd  by  the  Crown,  and  is  now  in  force,  wherein 
the  following  provision  is  made,  vizt.  "  Provided  always,  and  it  is 
the  true  intent  and  meaning  of  this  Act,  that  no  ecclesiastical  law 
or  jurisdiction  shall  have  power  to  inforce,  confirm  or  establish 
any  penal  mulcts  or  punishment  in  any  case  whatsoever, 
anything  in  this  Act  or  any  other  to  the  contrary  notwithstanding." 
Whether  this  Law  in  Jamaica,  might  have  taken  it's  rise  from 
some  dispute  of  the  like  nature  with  this,  we  cannot  say,  but 
whatsoever  powers  former  Commissarys  in  Barbado's  may  have 
had,  it  is  highly  probable  that  none  of  them  thro'  indiscretion  or 
vehemence  of  temper  have  given  the  like  cause  of  complaint  to 
the  inhabitants,  who  in  such  case  would  naturally  have  copy'd 
after  the  Jamaica  law  in  this  particular,  in  their  own  defence. 
As  to  Mr.  Acourt  and  Dominick  Langton,  the  two  clergymen 
recommended  by  his  Lordp.  to  be  collated  to  benefices  in  Barbado's, 
it  must  be  allow'd  that  the  former  of  these  was  a  lunatick,  nor  is 
it  deny'd  that  Dominick  Langton  is  the  very  same  person  that 
was  censur'd  by  the  House  of  Commons  in  Ireland.  But  his 
Lordship  in  his  answer  to  the  Governor's  letter  says  "  he  only 
recommended  Mr.  Acourt  conditionally,  that  is  to  say,  in  case  he 
shou'd  have  recover 'd  his  senses,  and  that  he  did  not  imagine  that 
vote  in  Ireland  was  intended  to  exclude  Dominick  Langton  from 
preferment  in  any  other  Church."  Besides  my  Lord  Bishop 
understood  by  one  Major  Mason  at  the  Tower,  that  the  Governor 
had  promis'd  to  provide  for  him,  which  upon  examination  we 
find  to  be  true,  tho'  at  the  same  time  Mr.  Mason  declar'd,  that 
both  he  and  the  Govr.  were  entirely  ignorant  of  Dominick 
Langton's  character  and  of  the  censure  pass'd  upon  him  in 
Ireland,  when  that  promise  was  made.  But  as  to  Mr.  Gordon, 
if  he  do's  really  deserve  the  character  given  him  by  the  Govr.  in 
his  letter  to  the  Bishop,  it  must  be  confess'd  he  cannot  be  a  very 
proper  person  to  be  trusted  with  any  authority,  much  less  with 
one  of  so  delicate  a  nature  as  that  of  Commissary.  Quote 
Governor  Lowther's  description  of  him  (May  17).  Continues  : — 
Considering  therefore,  that  the  Lord  Bishop  of  London's 
Ecclesiastical  Jurisdiction  in  America,  depends  entirely  on  H.M. 
pleasure,  that  his  Lordship's  present  Commissary  is  reported  to 
be  a  very  indiscreet  person,  and  that  H.M.  good  subjects  in  the 
said  Island  are  extremely  uneasy  under  his  authority,  we  wou'd 
humbly  submit  it  to  H.M.  great  wisdom,  whether  it  may  not  be 
proper  my  Lord  Bishop  shou'd  be  directed  to  supersede  the  said 
Gordon,  and  for  the  present,  to  employ  his  care  and  inspection 
more  immediately  upon  the  Clergy  there  ;  since  the  lives  and 


76 


COLONIAL  PAPERS. 


1717. 


Oct.  17. 

Hampton 
Court. 


Oct.  17. 

Whitehall. 


Oct.  18. 

Whitehall. 


Oct.  18. 

Whitehall. 


Oct.  20. 

Newcastle 
at  sea. 


conversation  of  the  Laity  will  in  all  human  probability  much 
sooner  be  reform'd  by  the  pious  examples  of  their  spiritual 
Pastors,  than  by  any  ecclesiastical  censure  or  coercion  from  the 
secular  arm.  Autograph  Signatures.  8%  pp.  Enclosed, 

159.  i.  Council    of    Trade     and     Plantations    to    the    King. 

Duplicate  of  preceding. 
159.  ii.  Copy  of  letter  from  Bishop  of  London  to  Governor 

Lowther,  26th  April,  1717. 

159.  iii.  Copy  of  petition  of  Agents  of  Barbados  to  the  King. 
159.  iv.  Copy  of  letter  from  Committee  of  Correspondence  to 

the  Agents  of  Barbados,  17th  May,  1717. 
159.  v.  Copy  of  Bishop  of  London's  Commission  to  Mr.  Gordon 
as  Commissary  of  Barbados. 

159.  vi.  Copy  of  letter  from  Governor  Lowther  to  Bishop  of 

London,  26th  April,  1717.  [C.O.  28,  39.  Nos.  3  ;  and 
(duplicate)  3  i.  ;  and  ii.-vi.  ;  arid  (without  enclosures) 
29,  13.  pp.  413-422.] 

1 60.  Order  of  King  in  Council.     Confirming  Acts  of  Barbados 
to  dock  the  entail  of  certain  lands  (v.  Sept.  4  etc.)  ;  and  for  laying  a 
duty  on  sugars  etc.  imported  (v.  Oct.  14  etc.).     Signed,  Edward 
Southwell.     Endorsed,  Reed.  30th,  Read  31st  Jan.,  17f| .     If  pp. 
[C.O.  28,  15.     No.  31  ;  and  29,  13.     pp.  452-454.] 

161.  Council  of  Trade  and  Plantations  to  the  King.     We 
have  no  objection  why  your  Majesty  may  not  confirm  the  Act 
of  New  York  to  enable  Wm.  Anderson,  etc.  (v.  4th  Sept.)     [C.O.  5, 
1079.     No.  95  ;  and  5,  1 123.     p.  456.] 

162.  Mr.  Popple  to  Mr.  Carkesse.     Encloses  Act  of  Antegoa, 
1716,  to  prohibit  the  importation  of  French  or  other  foreign  sugar, 
rum,  cotton  or  molosses.     Continues  ; — There  being  some  matters 
in  it  which  relate  to  the  officers  of  the  Customs  there,  the  Council 
of  Trade  and  Plantations  desire  the  opinion  of  the  Commissioners 
of  H.M.  Customs  upon  the  said  Act  as  soon  as  conveniently  may 
be.     [C.O.  153,  13.    p.  143.] 

163.  Mr.  Secretary  Addison  to  the  Council  of  Trade    and 
Plantations.     Encloses  following   for   their   report.     Signed,   J. 
Addison.     Endorsed,  Reed.   18th,  Read  23rd  Oct.,   1717.     1  p. 
Enclosed, 

163.  i.  Sir  N.  Lawes  to  the  King.     Prays  H.M.  to  grant  a 
dormant  Commission  for  a  Lieut.  Governoi  of  Jamaica. 

.. 1  p- 

163.  ii.  Memorandum  of  such  dormant  Commissions  formerly 

granted.  1  p.  [C.O.  137,  12.  Nos.  91,  91  i.,  ii.;  and 
138,  15.  pp.  485-488.] 

164.  Capt.   Passenger  to  Mr.   Popple.     Refers  to  letter  of 
Oct.  1st.     The  wind  hapened  to  prove  fair  just  in  an  evening,  so 
that  wee  had  not  above  one  hour  of  day  to  get  out  etc.     Not  one 
of  the  seven  New  England  men  (names  given)  sailed  with  me  as 


AMERICA  AND  WEST  INDIES.  77 

1717. 

commanded  etc.  They  had  no  manner  of  bussiness  to  stay,  but 
to  carry  off  men,  etc.  There  are  several  New  England  men 
setled  there  and  connive  and  bargain  with  those  fellows  etc., 
and  have  sent  them  off  headed  up  in  hogsheads  as  I  was  informed  ; 
and  when  I  called  the  person  to  account  for  it,  it  could  not  be 
made  appear  upon  oath  so  I  could  not  punish  him,  the  thing 
being  done  the  last  year  and  the  materiall  evidence  out  of  the 
harbour.  One  Arnold  Southmead  a  New  England  surly  fellow 
that  keeps  a  store  here,  and  sells  stinking  New  England  rumm, 
encouraged  them  not  to  sail  with  me,  etc.  So  the  merchants  as 
they  call  them  of  New  England  make  their  voyages  of  our  poor 
slaves  (if  I  may  call  them  so)  after  they  have  work'd  night  and 
day  all  the  fishing  season,  and  spent  what  they  have  gott  in  their 
stinking  rumm  brought  from  New  England  only  (all  other  rum  is 
good)  etc.  as  1st  Oct.  Continues  : — Sr.  after  I  came  to  be  truly 
informed  of  this  insufferable  proceedings,  wch.  I  was  ashamed  and 
confounded  to  hear  related,  I  exerted  myself  to  prevent  it,  for 
I  saw  the  good  of  the  country  depended  intirely  on  that  point, 
and  am  very  sorry  I  had  not  a  suficient  power  to  have  sent  every 
man  concern 'd  home  etc-.  I  hope  their  Lordpps.  will  find  some 
method  to  punish  them  ;  otherwise  whatever  any  Commander  of 
H.M.  ships  shall  order,  will  be  inefectuall  for  the  future  etc.  If 
there  is  not  some  measures  found  out  to  intirely  prevent  those 
abuses,  and  to  settle  a  Goverment,  the  fishing  and  trade  to 
Newfoundland  must  inevitably  dwindle  away  to  nothing,  is  the 
opinion  of  every  good  man  that  either  lives  or  trades  to  that 
place  etc.  Signed,  W.  Passenger.  Endorsed,  Reed.  22nd  Nov., 
1717,  Read  28th  Feb.,  17JJ-  3  pp.  Enclosed, 

164.  i.  Copy  of  Capt.  Passenger's  Order  to  the  Masters  of  the 
New  England  vessels  to  be  ready  to  sail  with  him  by 
30th  Sept.,  and  not  to  stay  after  H.M.  ships  under  any 
pretence.  H.M.S.  Newcastle,  St.  Johns,  23rd  Sept.,  1717. 
Signed,  W.  Passenger.  1  p. 

164.  ii.  Duplicate  of  No.  1 15.  [C.O.  194,  6.  Nos.  39,  39  i..  ii. ; 
and  (without  enclosures)  195,  6.  pp.  370-375.] 


Oct.  22.         165.     Mr.   Secretary  Addison  to  the  Council  of  Trade  and 
Hampton     Plantations.     Refers    following    for    their    report.     Signed,    J. 
irt-       Addison.     Endorsed,  Reed.    23rd    Oct.,  Read   6th   Nov.,    1717. 
\  p.     Overleaf, 

165.  i.  Petition  of  John  Borland,  New  England,  to  the  King. 
Petitioner  was  the  first  undertaker  of  curing  sturgeon 
in  America  for  the  English  market,  and  has  been  at 
considerable  expence  in  sending  over  persons  and 
necessarys  to  carry  on  the  same.  He  hath  moreover 
been  att  several  thousand  pounds  expence  for  the 
support  of  the  Garrison  at  Annapolis  Royal  which  is 
still  due  to  him.  Prays  for  a  patent  for  the  sole  curing 
and  importing  of  sturgeon,  which  others  (14th  Oct.)  are 
now  petitioning  for."  1  p.  [C.O.  5,  866.  Nos.  125, 
125  i.  ;  and  5,  915.  pp.  55-57.] 


78 


COLONIAL    PAPERS. 


1717. 
Oct.  23. 

Whitehall. 


Oct.  23. 

Hampton 
Court. 


Oct.  23. 

Whitehall. 


166.  Mr.  Secretary  Addison  to  the  Council  of  Trade  and 
Plantations.     The  Lords  Proprietors  of  the  Bahama  Islands  in 
America  being  about  to  surrender  to  the  Crown  their  right  and 
power  of  Government  in  and  over  the  said  Bahama  Islands  ; 
I  am  hereby  to  signify  H.M.  pleasure  to  your  Lops.,  that  when  the 
deed  of  surrender  shall  be  duly  executed  by   the  said  Lords 
Proprietors,  you  should  accept  the  same,  and  transmit  the  said 
deed  to  H.M.  Attorney  General,  in  order  to  its  being  inrolled  in 
Chancery.     Signed,   J.    Addison.     Endorsed..    Reed.    28th    Oct., 
Read  6th  Nov.,  1717.     1  p.     [C.O.  5,  1265.     No.  80  ;  and  5,  1293. 
p.  114.1 

167.  H.M  Commission  to  Woodes  Rogers  to  be  Captain,  and 
to  Rt.  Beauchamp  to  be  First  Lieutenant  of  the  Independant 
Company  of  Foot  appointed  to  do  duty  in  the  Bahama  Islands. 
Copy.     Countersigned,  J.  Addison.     [C.O.  324,  33.     p.  111.] 

168.  Council    of    Trade    and    Plantations    to    the    King. 
Recommend  for  H.M.  confirmation  3  Acts  of  Jamaica,     (i.)  for 
regulating  fowling  and  fishing,   (ii.)  for  the  better    securing    the 
estates  and  interests  of  orphans  and  creditors  and  to  oblige  executors 
to  give  security  etc.,  1711.     (iii.)  for  preserving  the  Public  Records, 
1712.     The  Act,  1712,  to  incourage  white  men  to  come  and  settle 
seems  in  generall  to  be  very  beneficial  and  to  be  liable  to  one 
objection  only  in  that  part  of  it,  where  to  prevent  the  stealing  of 
goods  by  persons  that  carry  goods  for  hire  it  is  enacted,  that  any 
such  person  being  suspected  of  having  stolen  any  such  goods  shall 
be  obliged  to  answer  upon  oath,  before  a  magistrate,  what  goods 
and  how  much  were  so  purloin' d,  stolen  or  imbezelled.     And  if  he 
refuse  to  take  such  an  oath,  he  is  to  forfeit  £20  ;     If  he  be  convicted 
by  his  own  confession  on  oath,  he  is  to  forfeit  to  the  person 
aggrieved  double  the  value  of  the  goods  so  purloined  etc.     And 
tho'  this  is  in  some  measure  qualify 'd  by  a  subsequent  clause,  wch. 
provides  that  such  confession  on  oath  shall  not  be  given  in 
evidence  to  charge  any  person  with  felony  or  in  any  action  at  law 
etc.  (v.  July  22,  1714)  yet  even  this  seems  to  be  too  hard,  as  being 
contrary  to  natural  Justice,  to  oblige  a  man  to  answer  upon  oath 
to  accuse  himself  of  a  crime,  which  we  do  not  know  to  be  required 
by  any  law  in  this  Kingdom.     However  as  we  have  been  inform 'd, 
that  some  such  rigorous  provision  by  Law  is  in  that  Island 
necessary  for  the  securing  goods  and  merchandizes  as  aforesaid, 
and  that  we  have  not  received  or  heard  of  any  complaints  against 
this  Act  since  it  pass'd,  and  that  it  is  in  other  respects  usefull  and 
reasonable,   we   must  beg  leave  to   submit  to  your  Majesty's 
pleasure,  whether  the  same  may  not  be  confirm'd.     Concerning 
the  Act  declaring  what  persons  shall  be  qualify' d  to  set  in  Assembly s, 
1711,  We  must  beg  leave  to  observe,  that  as . the  Assembly  did 
at  first  meet  and  now  subsist  only  by  your  Majesty's  Commission 
to  the  Governor  and  the  powers  therein  granted,  the  qualifications 
of  the  Assembly  men  and  of  their  electors  ought  properly  to  be 
regulated  by  Your  Majesty,  not  by  the  Assembly,  besides  the 
qualification  of  £200  pr.  annum  required  by  this  Act  appears  to 


AMERICA  AND  WEST  INDIES.  79 

1717. 

us  to  be  too  large  a  summ  ;  We  cannot  therefore  think  it  advise  - 
able  for  your  Majesty  to  confirm  this  Act,  but  rather  to  declare 
your  disallowance  of  it.  The  Act  to  prevent  hawking  and  disposing 
of  goods  clandestinely,  1711,  we  conceive  shou'd  be  rejected, 
because  it  prohibits  the  selling  in  open  markets  any  sorts  of  goods, 
wares  and  merchandizes  whatsoever,  other  than  Plantation 
provisions,  fresh  fish  and  live-stock,  whereby  markets  in  wch.  it 
is  lawful  to  sell  other  sorts  of  foods  and  wares,  wch.  may  lawfully 
be  and  usually  are  sold  in  markets  are  in  a  manner  destroy'd, 
and  it  is  not  within  the  mischief  design'd  to  be  remedy'd  by  this 
Act,  wch.  was  hawking  and  selling  from  place  to  place  ;  and  it 
seems  further  unreasonable  that  all  persons  shou'd  be  prohibited 
as  they  are  by  this  Act  from  buying  up  to  sell  again  any  manner  of 
Plantation  provisions  or  live  stock  whatsoever  within  ten  miles 
of  any  town  of  that  Island,  there  is  likewise  another  objection 
against  this  Act,  vizt.,  that  the  inhabitants  of  one  particular 
parish  are  restrain'd  from  supplying  any  other  place  or  parish 
with  any  small  stock  such  as  hoggs,  ducks  and  dunghill  fowl,  but 
what  the  seller  raises  himself,  it  being  unreasonable  to  distinguish 
the  inhabitants  of  that  parish  from  those  of  other  parts  of  the 
Island.  As  to  the  Act  to  disinable  any  Member  of  the  Council  or 
of  the  Assembly  from  acting  as  Commissioners  for  receiving  any 
publick  mony  rais'd  or  to  be  rais'd  by  the  Govr.  Council  and  Assembly, 
and  to  disinable  any  such  Commissioner  to  be  a  Member  of  the 
Council  or  of  the  present  or  any  future  Assembly  of  this  Island  ; 
We  think  it  not  only  lays  a  great  hardship  on  such  persons  as 
your  Majesty  may  think  proper  to  appoint  of  your  Council  there, 
but  likewise  lays  such  a  restriction  on  your  Majesty's  Prerogative 
as  may  be  attended  with  worse  consequences  in  this  Island,  than 
perhaps  in  any  other  of  your  Majesty's  Plantations,  wherefore 
we  are  humbly  of  opinion  this  Act  shou'd  be  rejected.  We  have 
no  objection  why  your  Majesty  may  not  confirm  the  Acts  of  1716 
for  the  more  easy  serving  of  constables  etc.,  and  for  the  effectual 
discovery  of  all  persons  that  are  disaffected  to  H.M.  and  His  Govt. 
and  to  prevent  all  such  persons  holding  any  office  or  place  of  trust 
within  this  Island.  The  following  Acts  pass'd  in  Nov.  1716  by  the 
present  Govr.  Mr.  Hey  wood  vizt.,  to  oblige  the  several  inhabitants 
to  provide  themselves  with  a  sufficient  number  of  white  people  etc., 
and  to  encourage  the  bringing  over  and  settling  of  white  people  etc. 
ought  for  many  reasons  to  be  rejected,  (i.)  Because  they  are 
join'd  together  in  the  nature  of  a  tack  ;  so  that  the  one  wou'd 
be  imperfect  without  the  other,  and  both  of  them  (tho'  not  equally) 
liable  to  objections,  do  take  away  your  Majesty's  power  of 
granting  a  non  vult  ulterius  prosequi  in  cases  of  forfeiture  against 
these  Acts,  (ii.)  The  former  provides  a  subsistence  for  the  two 
independent  Company s,  only  for  one  year,  wch.  term  is  now 
expired,  tho'  the  Act  itself  was  to  continue  in  force  to  Dec.  1st, 
1719,  and  this  provision  had  a  clause  annexed  to  it,  that  no 
officer  or  soldier  shoud  injoy  any  civil  office  on  the  penalty  of  £500, 
wch.  clause  is  foreign  to  the  main  design  of  the  Acts,  and  conse- 
quently contrary  to  an  article  in  your  Majesty's  Instructions  to 
your  Governor  of  that  Island,  wch.  expressly  forbids  him  to  pass 


80  COLONIAL   PAPERS. 

1717. 


any  bills  containing  clauses  of  a  different  nature  from  the  bill 
itself,  without  having  first  obtain'd  your  Majesty's  leave  to  do  it ; 
besides  a  former  Act  of  Jamaica  was  within  these  few  years 
rejected  by  the  Crown  for  having  the  very  same  clause  in  it. 
(iii.)  In  this  Act  all  the  public  offices  are  tax'd  and  the  mony 
arising  thereby  as  well  as  by  the  other  parts  of  this  Act,  was  to  be 
paid  into  the  hands  of  Commissioners  appointed  by  the  Assembly 
to  receive  the  same,  wch.  is  an  incroachment  upon  your  Majesty's 
Prerogative,  a  prejudice  to  your  Majesty's  Receiver  Gen.,  and  is 
contrary  to  an  Article  in  the  Instructions  to  your  Govr.  (iv.)  The 
latter  of  these  two  Acts  appoints  Commissioners  for  certain  uses 
and  directs  that  in  case  of  the  death  of  any  of  the  sd.  Commis- 
sioners, the  powers  granted  them  shall  devolve  upon  their  heirs 
several,  wch.  we  cannot  but  think  very  extraordinary,  (v.)  These 
two  Acts  do  in  several  respects  seem  to  clash  with  an  Act  for 
incouraging  the  importation  of  white  people  pass'd  in  1703,  wch. 
has  been  confirm'd  as  well  as  with  the  Act  of  1712,  for  the  same 
purpose,  both  wch.  Acts  were  to  be  perpetual,  and  yet  these  Acts 
of  1703  and  1712  are  not  repealed,  nor  indeed  is  there  any  mention 
made  of  them  in  either  of  the  abovemention'd  Acts  pass'd  by 
Mr.  Hey  wood.  We  think  it  our  duty  upon  this  occasion  to 
observe  to  your  Majesty  that  during  the  Govt.  of  Lord  Hamilton, 
his  Lordship  communicated  to  the  Assembly  a  letter  from  this 
Board  and  some  of  the  Articles  of  his  Instructions  from  your 
Majesty,  recommending  the  passing  some  Act  or  Acts  for  peopling 
the  Island  and  prescribing  some  methods  for  that  purpose, 
whereby  the  main  end  of  these  two  Acts  might  have  been  attain'd, 
and  the  objections  they  are  liable  to  have  been  prevented.  But 
the  Assembly  (as  we  are  inform'd)  had  so  little  regard  to  the  same 
that  they  declin'd  reading  either  ye  letter  or  the  Articles  of 
Instructions,  sent  them  by  my  Lord,  and  prepar'd  two  bills  for 
the  aforesaid  purpose,  wch.  bore  the  same  title,  with  these  two 
Acts,  and  were  liable  to  much  the  same  objections,  which  the 
Council  offering  to  amend,  the  Assembly  dropt  those  bills.  We 
cannot  therefore  but  be  surpriz'd  to  find  them  offer'd  again  with 
the  same  objections,  and  that  Mr.  Heywood,  who  is  personally 
interested  therein,  shou'd  have  thought  fit  to  pass  them,  and  so 
much  the  rather,  because  he  was  particularly  restrain'd  by  your 
Majesty's  Instructions  to  him  from  passing  of  any  Acts,  but  what 
were  immediately  necessary  for  the  peace  and  wellfare  of  the 
said  Island  without  your  Majesty's  particular  order  for  that 
purpose.  Upon  the  foregoing  considerations  we  cannot  but  be 
humbly  of  opinion,  that  your  Majesty  may  declare  your  dis- 
allowance of  these  two  Acts,  as  they  are  liable  to  the  aforesaid 
objections,  and  because  the  Act  of  1703  and  that  of  1712,  if  your 
Majesty  shou'd  think  fit  to  confirm  it,  may  in  some  degree  answer 
the  end  of  those  two  Acts,  at  least,  till  others  can  be  propos'd, 
not  liable  to  the  like  objections.  The  Act  repealing  an  Act  for 
the  better  securing  the  estates  and  interests  of  orphans  and  creditors 
etc.,  being  intended  to  repeal  another  law,  wch.  we  have  offer'd 
for  your  Majesty's  approbation,  and  not  appearing  to  be  more 
effectual  for  the  public  benefit  and  advantage  of  that  Island  ; 


AMERICA  AND  WEST  INDIES.  8) 

1717. 

Besides  this  Act  taking  away  your  Majesty's  power  of  granting  a 
non  vult  ulterius  prosequi,  your  Majesty  may  signify  your  dis- 
allowance of  the  same,  whereby  the  former  Act  will  be  in  force 
again.  The  Act  for  granting  a  further  relief,  in  relation  to  proving 
of  wills  and  testaments,  and  granting  letters  of  administration  of 
intestate  estates,  dos  interfere  with  your  Majesty's  Instructions, 
and  the  powers  therein  to  your  Governor,  whereby  the  probate 
of  wills  is  reserved  solely  to  him  ;  Whereas  the  power  of  granting 
such  probates  is  by  this  Act  made  subject  to  the  Supream  Court 
of  Judicature  in  that  Island  ;  We  must  therefore  humbly  submit 
it  to  your  Majesty's  pleasure,  whether  this  Act  shou'd  be  confirm'd. 
In  relation  to  the  Act  to  secure  the  freedom  of  elections  and  directing 
the  proceedings  in  the  choice  of  members  to  serve  in  Assembly s  etc.  ; 
we  must  beg  leave  to  observe  that  a  Bill  to  this  effect  having  been 
prepar'd  by  the  Assembly,  during  the  Lord  A.  Hamilton's  Govern- 
ment, the  Council  offer'd  an  amendment  to  it  to  prevent  clandes- 
tine conveyances,  and  ye  creating  sham  Freeholders  in  order  to 
multiply  votes  at  elections,  a  practice  wch.  we  are  inform'd  is 
pretty  much  made  use  of  there  ;  and  the  Assembly  refusing  to 
agree  to  such  an  amendment,  the  bill  was  dropt.  The  present 
Act  takes  away  your  Majesty's  power  of  granting  a  non  vult 
ulterius  prosequi  in  cases  of  penalties  incurr'd  by  the  Act,  and 
imposes  on  all  persons  without  exception,  who  may  offend  against 
some  conditions  of  ,it,  a  certain  fine  to  wch.  your  Majesty's 
Governor  himself  is  consequently  to  be  subject.  For  this  reason 
and  because  the  Assembly  have  not  been  willing  to  consent  to  the 
remedying  any  abuses  suppos'd  to  be  committed  in  elections  by 
persons  of  their  own  society,  we  cannot  think  it  adviseable  to 
propose  to  your  Majesty  the  confirming  this  Act.  As  to  the  Act 
to  prevent  any  one  man  to  hold  any  two  or  more  offices  of  profit  in  this 
Island,  we  humbly  represent  that  in  1711,  another  Act  with  the 
same  title  was  pass'd  in  Jamaica  and  repeal'd  by  her  late  Majesty 
for  reasons  offer'd  by  this  Board,  altho'  that  Act  was  only  levell'd 
agt.  the  Provost  Marshall,  who  then  held  the  office  of  Secretary  by 
deputation  ;  But  this  Act  is  still  more  general  and  consequently 
more  liable  to  objections,  since  it  extends  to  all  persons  that 
your  Majesty  may  think  fit  to  appoint  to  any  two  places  under 
the  penalty  of  £500  for  every  three  months  they  execute  the  same 
either  as  Deputy  or  Principal ;  Besides  it  is  liable  to  the  fore- 
mention'd  objection  of  restraining  your  Majesty's  Prerogative  in 
relation  to  a  non  vult  ulterius  prosequi,  for  wch.  reason  we  humbly 
offer  that  your  Majesty  be  pleased  to  signify  your  disapprobation 
of  the  sd.  Act.  [C.O.  138,  15.  pp.  488-504.] 

Oct.  24.  169.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehall.  Addison.  Reply  to  Sept.  26th.  We  have  considered  Lord  A. 
Hamilton's  Memorial,  and  his  proofs  of  the  allegations  therein 
contain'd.  His  Lordship's  method  of  proceeding  herein  was  to 
apply  his  evidence  to  the  sevl.  articles  in  order  as  they  stand 
number'd  in  his  Memorial,  and  as  his  proofs  were  pretty  volu- 
minous, we  have  rather  chosen  to  transmit  you  a  copy  of  our 
Minutes  together  with  the  several  papers  and  extracts  therein 

Wt.  441.  C.P.  6. 


82  COLONIAL    PAPERS. 

1717. 

referr'd  to  etc.,  than  to  incorporate  them  in  the  body  of  this  letter, 
that  H.M.  may  be  the  better  able  to  judge  whether  they  do  not 
sufficiently  prove  the  sevl.  facts  asserted  in  his  Lordships  meml. 
You  will  observe  that  most  of  these  proofs  consist  of  written 
evidence,  as  Instructions  and  letters  from  H.M.,  letters  from  the 
Secretary  of  State  and  this  Board,  and  Minutes  of  the  Council  in 
Jamaica,  and  are  consequently  of  such  a  nature  as  cou'd  not 
admit  of  contradiction  if  the  persons  complain'd  of  by  his  Lord- 
ship had  been  present  to  make  their  own  defence,  wch.  in  this 
case  was  impracticable  because  there  are  none  of  them  in  the 
Kingdom  ;  but  indeed  considering  the  nature  and  circumstances 
of  my  Lord  A.  Hamilton's  case,  the  presumptions  as  well  as  the 
proofs  are  very  strong  in  his  favour,  since  the  prosecution  agst. 
him  was  entirely  dropt  upon  his  Lordship's  being  dismiss 'd  from 
H.M.  Service,  tho  he  did  often  sollicit  to  be  heard  before  H.M. 
in  Council.  The  Orders  given  by  H.M.  for  securing  Lord  Hamil- 
ton's person,  seem  to  have  been  chiefly  grounded  upon  the 
affidavits  of  Walter  Adlington  and  Saml.  Page  present  Deputy 
Secretary  to  Jamaica,  whose  character  at  that  time  was  not  so 
well  known  as  it  has  been  since  ;  and  you  will  perceive  by  the 
papers  annex'd,  how  little  regard  the  sd.  Page  has  had  to  truth 
and  how  far  his  zeal  in  that  cause  transported  him  beyond  the 
rules  of  common  Justice.  You  will  likewise  be  pleas'd  to  take 
notice,  how  ill  an  use  Mr.  Hey  wood  and  the  Council  have  made  of 
H.M.  Instructions  for  securing  the  Lord  Archd's.  person,  wherein 
in  our  opinion  they  were  no  wise  justifiable  by  those  Instrns., 
because  they  were  not  directed  by  H.M.  Orders  to  send  the  Ld. 
Archd.  prisoner  to  England,  unless  upon  examination  it  shou'd 
appear  to  them,  that  he  was  concern'd  in  the  piracy  complain'd 
of  by  the  Spaniards,  the  contrary  whereof  seems  to  us  to  be  true. 
It  cannot  but  be  a  great  misfortune  to  any  Gentleman  to  be 
dismiss'd  the  service  of  so  excellent  a  Prince  as  H.M.  ;  but  to  be 
remov'd  in  a  manner  so  reflecting  upon  his  character  must  add 
to  the  mortification  ;  and  we  are  sorry  to  find  the  publick  has 
been  so  little  advantag'd  by  the  change.  We  shall  not  take  upon 
us  to  determine  how  far  it  might  be  proper  for  H.M.  to  comply 
with  the  prayer  of  my  Lord  Archibald's  Memorial,  tho  if  it 
shou'd  appear  to  H.M.  that  Mr.  Hey  wood  and  the  other  persons 
complain'd  of  by  his  Lordship  have  been  guilty  of  the  facts  by 
him  laid  to  their  charge,  we  cannot  but  think  it  wou'd  be  for 
H.M.  service  in  that  Island  and  contribute  very  much  to  tho 
better  supporting  H.M.  Government  there  for  the  future,  that 
H.M.  shou'd  shew  such  marks  of  his  displeasure  against  them  as 
to  His  Royal  wisdom  may  seem  most  proper.  But  as  to  Mr. 
Page,  we  think  it  highly  necessary  for  H.M.  service,  that  a  person 
of  his  character  shou'd  be  remov'd  from  the  place  of  under 
Secretary  to  the  Island  of  Jamaica  and  from  all  offices  of  trust 
whatsoever  under  H.M.  Since  it  will  be  impossible  for  any 
Govr.  to  discharge  his  duty  in  so  effectual  a  manner  as  might 
otherwise  be  expected  from  him  whilst  he  shall  find  himself  in  the 
power  of  a  Secry.  in  whom  he  cannot  repose  the  least  confidence. 
[C.O.  138,15.  pp.  504-508.] 


AMERICA  AND  WEST  INDIES.  83 


1717. 

Oct.  24.        170.    Analysis  of  preceding,  without  date.     2  pp.    Enclosed, 

170.  i.  Copy  of  Hamilton's  Memorial,     (v.  Sept.   26,    1717.) 

170.  ii.  Copy  of  Minutes  of  the  Board  of  Trade  upon  hearing 

the   Lord   Archd.    Hamilton   on   each   Article   of   his 

Memorial,  (v.- Journal  of  Council  of  Trade).     [C.O.  137, 

46.     Nos.  28,  28  i.,  ii.] 

Oct.  24.  171.  Mr.  Popple  to  Governor  Hamilton.  Acknowledges  letters 
Whitehall,  of  22nd  June  and  15th  July.  Continues: — The  Council  of 
Trade  and  Plantations  have  commanded  me  to  acquaint  you  that 
they  have  laid  some  of  the  Acts  of  your  Government  before  H.M. 
for  confirmation,  as  the  Act  for  establishing  a  Court  of  Chancery 
etc.,  and  others  to  be  repealed,  as  the  Act  for  the  Court  of  King's 
Bench,  of  all  which  (when  H.M.  has  declared  his  pleasure)  their 
Lordps.  themselves  will  give  you  a  full  account  and  of  the 
objections  that  are  against  any  of  them.  In  the  mean  time  I  am 
to  observe  to  you  by  their  direction  that  most  of  your  Acts  have 
too  much  severity  in  them,  which  often  prevents  the  cure  of  the 
evil  intended  to  be  remedyed  by  such  laws  ;  and  therefore  their 
Lordps.  are  of  opinion  that  you  should  endeavour  to  avoid  this 
objection  as  much  as  possible  in  all  future  Acts  to  be  passed  by 
you.  Upon  this  occasion  I  am  further  to  desire  that  when  you 
transmit  over  any  Acts  of  your  Government  you  be  very  particalar 
in  giving  their  Lordps.  an  account  of  the  reasons  there  may  be  for 
or  against  those  Acts.  Their  Lordps.  have  considered  what  you 
write  in  relation  to  small  armes,  and  have  made  two  reports  upon 
that  matter,  but  I  do  not  yet  hear  that  anything  is  done  upon 
them.  However  the  Agents  are  solliciting  the  dispatch  of  that 
affair.  I  am  now  to  remind  you  of  what  the  Board  writ  you, 
4th  Oct.,  about  transmitting  accounts  of  the  Revenue  and  of  the 
annual  expences  of  the  Government.  You  tell  their  Lordps. 
indeed,  that,  that  will  be  found  by  the  Acts  passed  in  each  res- 
pective Island  but  it  would  be  much  easier  to  them,  and  more 
easily  done  by  you  who  are  upon  the  spot,  and  who  can  best 
know  what  is  raised  by  your  Acts  to  transmit  to  their  Lordps. 
such  an  account  as  they  desire,  and  as  they  think  it  necessary  to 
insist  on  having  from  you.  They  have  also  considered  what  you 
writ  in  relation  to  the  poor  inhabitants  of  Anguilla,  and  have 
represented  to  the  Lords  of  the  Treasury  (who  have  now  under 
consideration  the  disposal  of  the  french  lands  of  St.  Christophers) 
that  so  many  of  the  said  inhabitants  as  can  be  conveniently 
disposed  of  in  St.  Christophers  be  setled  there  upon  small  planta- 
tions to  be  given  them  gratis  after  such  poor  inhabitants  as  are 
already  on  St.  Christophers  have  been  provided  for.  In  the  mean 
time  their  Lordps.  are  of  opinion  that  you  will  do  well  to  encourage 
the  people  of  Anguilla  to  remain  where  they  are,  till  the  method 
and  manner  of  the  disposal  of  the  late  French  lands  be  determined 
by  H.M.  And  that  you  endeavour  as  much  as  possible  to  prevent 
any  of  H.M.  subjects  from  removing  to  foreign  settlemts.  The 
collection  of  laws  that  you  have  sent  the  Board  is  not  what  they 
expected,  for  it  contains  only  the  Laws  of  Nevis,  and  the  general 
Laws  of  the  four  Islands  what  their  Lordps.  therefore  desire  is 


84 


COLONIAL  PAPERS. 


1717. 


Oct.  24. 

Hampton 
Court. 


that  you  would  send  them  one  Book  of  the  general  Laws  by  them- 
selves and  one  for  each  of  the  other  4  Islands,  that  is  of  such 
Laws  as  are  in  force.  In  the  mean  time  while  they  are  trans- 
cribing what  their  Lord^s.  expect  from  you  is  a  list  of  all  the 
Laws  in  force  under  the  same  distinctions  as  is  abovementioned 
in  the  5  Books,  that  their  Lordps.  may  compare  those  lists,  with 
the  Laws  they  already  have.  I  am  commanded  to  observe  one 
thing  more  to  you,  and  that  is  upon  an  Act  passed  by  you  at  St. 
Christophers  27th  Nov.,  1716,  for  raising  a  fax  on  trade  to  defray 
the  publick  charges  of  this  Island  ;  which  enacts  that  a  tax  of  10s. 
pr.  poll  be  laid  on  all  negroes,  and  other  slaves,  105.  pr.  head  on 
all  horses  and  mules,  and  5  pr.  cent,  currant  money  on  all  other 
wares  and  merchandize  of  what  kind  or  denomination  soever, 
(liquors  only  excepted)  imported  to  this  Island  and  not  being 
the  right  and  property  of  any  person  or  persons  residing  here  (all 
such  and  they  only  being  here  exempted  from  the  ^  payment  of 
the  said  tax)  this  their  Lordps.  think  very  unreasonable  and  would 
have  laid  the  Act  before  H.M.  to  be  repealed,  had  it  not  been 
expired,  and  therefore  for  the  future  expect  that  you  will  be  very 
caiefull  in  not  passing  any  Act  that  may  lay  a  burthen  upon  the 
trade  or  shipping  of  this  Kingdom  according  to  H.M.  additional 
Instruction  lately  sent  you.  [(7.0.  153,  13.  pp.  144-148.] 

172.  Order  of  King  in  Council.  Confirming  Act  of  New 
York  to  enable  Wm.  Anderson  etc.  v.  17th  Oct.  Signed,  Edward 
Southwell.  Endorsed,  Reed.  30th,  Read  31st  Jan.,  17f|.  1J  pp. 
[C.O.  5,  1051.  No.  48  ;  and  5,  1123.  pp.  510,  511  ;  and  (duplicate, 
endorsed,  Reed.  24th,  Read  25th  Feb.  17f|)  5,  1051.  No.  56.] 


Oct.  24.         173.     Micajah  and  Richard  Perry  to  Mr.  Popple.     Enclose 
London,     following.     Signed,  Micaj ah  and  Richard  Perry.     Endorsed,  Reed. 
24th  Oct.,  1717.     Addressed.     J  p.     Enclosed, 

173.  i.  Receipt  for  a  box  to  be  delivered  to  Lt.  Governor 
Spotswood.  Signed,  Const antine  Cant.  Capt.  of  the 
Burwell.  1  p.  [C.O.  5,  1318.  Nos.  26,  26  i.] 

Oct.  25.  174.  William  Cocke,  Secretary  of  Virginia,  to  the  Council  of 
Trade  and  Plantations.  The  Laws  of  Virginia  having  been  lately 
transmitted  over  to  me  in  order  to  be  printed,  'tis  found  upon 
perusal  that  certain  Acts  of  Assembly,  and  clauses  of  others  are 
repugnant  to  the  laws  of  Great  Britain.  As  for  instance,  Anno 
1663.  An  Act  prohibiting  the  unlawful!,  assembly  of  Quakers  etc., 
which  if  put  in  execution  would  prove  injurious  to  the  Colony  by 
banishing  out  thereof  great  numbers  of  industrious  inhabitants. 
The  2nd  Act  of  the  same  Sessions,  concerning  foreign  debts,  does 
directly  establish  injustice  to  English  creditors.  An  Act  pass'd 
in  1676  limiting  the  times  of  receipt  and  payment  of  publick  tobacco 
was  repealed  by  Proclamation  but  there  being  among  other 
clauses  therein  contained,  one  declaring  who  shall  not  bear  office 
in  the  Colony  of  Virginia,  the  lawyers  who  revised  the  Body  of 
Laws,  are  of  opinion  that  this  clause  is  still  in  force  notwith- 
standing such  repeal.  Now  seeing  H.M.  has  been  pleas'd  to 


AMERICA    AND     WEST    INDIES.  85 

1717. 

repeal  an  Act  made  in  1705  entitled  an  Act,  who  shall  not  bear 
office  in  Virginia,  'tis  thought  reasonable  with  submission  to  your 
Lordshipps  that  this  clause  particularly  be  repealed,  etc.  Signed, 
Wm.  Cocke.  Endorsed,  Reed.,  Read  Oct.  25,  1717.  1J  pp. 
[C.O.  5,  1318.  No.  27.] 

Oct.  25.  175.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehall.  Addison.  We  have  consider'd  Sir  N.  Lawes'  Memorial,  relating  to 
a  dormant  Commission  for  a  Lt.  Governor  of  Jamaica  (v.  Oct.  18), 
and  having  search'd  our  Books  find  several  precedents  of  the  like 
Commissions.  We  have  also  discours'd  with  Sr.  Nich.  Lawes  on 
this  subject,  who  represented  to  us  the  great  inconveniences,  that 
have  formerly  happen'd  by  the  Government's  devolving  on  the 
eldest  Councillor  as  is  now  practis'd  ;  Wherefore  we  intirely 
agree  that  it  may  be  for  H.M.  service,  yt.  such  a  Commission  as  is 
desir'd  by  Sr.  N.  Lawes  be  granted  to  a  proper  person ;  and  we 
inclose  to  you  the  copy  of  the  last  we  find  in  our  Books  given  to 
Col.  Handasyde  in  June  1702,  which  may  serve  for  your  inform- 
ation in  case  H.M.  shou'd  be  pleas'd  to  grant  the  same.  Auto- 
graph signatures.  1  p.  [C.O.  28,  39.  No.  4 ;  and  138,  15. 
pp.  509,  510.] 

Oct.  28.  176.  Copy  of  the  Surrender  from  the  Lords  Proprietors  of 
the  Bahama  Islands  to  the  King  of  their  right  of  civil  and  military 
government.  Rehearses  Charter  of  Charles  II.  etc.  Concludes 
with  following  clauses  of  surrender  and  reservation  ; — And  whereas 
the  estate,  intrest,  right  and  title  etc.  are  by  mean  conveyances 
and  assurances  in  the  Law  or  otherwise  by  descent  legally  come 
unto  and  vested  in  the  Most  Noble  Henry  Duke  of  Beaufort  an 
infant  under  the  age  of  21  years,  the  Right  Honourable  William 
Lord  Craven  likewise  an  infant  under  the  age  of  21  years,  the 
Right  Honourable  John  Lord  Carterett,  the  Rt.  Honoble.  William 
Lord  Berkeley,  the  Honourable  Maurice  Ashley  Esq.  and  Sr. 
John  Colleton,  Barronett,  the  present  Lords  Proprietors  of  the 
said  Islands  and  premisses  who  are  willing  and  desirous  to 
surrender  all  their  rights  to  the  civil  and  military  powers  of 
Government  of  and  in  the  said  Islands  and  premisses  to  his  Most 
Excellent  Majesty  to  the  intent  that  his  Majesty  may  be  pleased 
to  constitute  a  Governor  or  Governors  of  the  said  Islands  and 
places  aforesaid  with  such  powers,  priviledges  and  authorityes 
for  the  Government  thereof  and  making  of  such  Laws  there  with 
the  consent  of  the  Councill  and  Assembly  of  the  said  Islands,  and 
his  Majesty's  subsequent  approbation  thereof  as  His  Majesty  in 
his  great  wisdome  shall  think  fitt  and  convenient  Wee  therefore 
James  Berty  and  Doddington  Grevill  Esquires  Guardians  and 
Trustees  for  the  Duke  of  Beaufort  Sr.  Fullivar  Skip  with  Baronet 
Guardian  and  Trustee  for  the  said  William  Lord  Craven  John 
Lord  Carterett  William  Lord  Berkely  Maurice  Ashley  Esqr.  and 
Sr.  John  Colleton  Barronet  the  said  present  proprietors  of  the  sd. 
Islands  for  the  consideracons  and  to  the  intent  aforesaid  have 
surrendred  and  yeilded  up  and  by  these  presents  for  us  and  our 
heirs  do  surrender  and  yeild  up  unto  our  Soveraigne  Lord  George 


86  COLONIAL    PAPERS. 

1717. 

by  the  grace  of  God  King  of  Great  Brittain  France  and  Ireland 
etc.  his  heirs  and  successors  All  those  the  said  powers  and 
authorityes  to  .correct  punish  pardon  govern  and  rule  all  or  any 
of  his  Majesty es  subjects  or  others  who  now  are  or  inhabit  in  or 
shall  hereafter  adventure  into  or  inhabitt  within  the  said  Islands 
or  either' of  them  and  also  to  nominate  make  constitute  ordain 
and  confirm  any  laws  orders  ordinances  direccons  and  instruccons 
for  those  purposes  or  any  of  them  and  to  constitute  nominate  and 
appoint  revoke  discharge  change  or  alter  any  Governor  or 
Governors  Officers  or  Ministers  which  are  or  shall  be  appointed 
made  or  used  within  the  said  Islands  or  either  of  them  and  to 
make  ordain  and  establish  any  orders  laws  direccons  instructions 
formes  or  ceremonyes  of  Government  and  Magistracy  for  or 
concerning  the  Government  of  the  said  Islands  or  either  of  them 
or  on  the  sea  in  goeing  or  comeing  to  or  from  thence  or  to  put  in 
execution  or  abrogate  revoke  or  change  such  as  are  already 
made  for  or  concerning  such  Government  or  any  of  them  and 
also  all  those  the  said  powers  and  authorityes  to  use  and  exercise 
Martiall  Law  in  the  places  aforesaid  or  either  of  them  And  of 
encountring  repelling  and  resisting  by  force  of  arms  any  person 
or  persons  attempting  to  inhabitt  there  without  the  licence  of  us 
the  said  Lords  Proprietors  our  heirs  and  assignes  and  all  other 
the  powers  authorityes  and  priviledges  of  or  concerning  the  civill 
or  military  Government  of  the  said  Islands  or  any  of  them  or  of 
the  inhabitants  thereof  which  were  granted  or  menconed  or 
intended  to  be  granted  in  and  by  the  said  recited  Letters  Patent 
and  every  of  them  saveing  and  excepting  out  of  this  present 
surrender  to  us  our  heirs  and  assignes  all  the  lands  and  soyle  of 
the  said  Islands  and  places  aforesaid  and  the  rents  and  quitt- 
rents  issues  and  proffitts  thereof  or  thereout  ariseing  or  issueing 
or  to  be  issueing  or  goeing  thereout  and  also  saveing  and  excepting 
the  liberty  and  freedome  of  religion  in  such  manner  as  by  the 
said  Letters  Patents  is  granted  And  alsoe  saveing  and  excepting 
to  us  the  said  Lords  Proprietors  our  heirs  and  assignes  all  and 
singular  the  ports  harbours  bays  and  rivers  to  the  abovemenconed 
Island  and  Isletts  belonging  and  appertaining  with  the  fishing  of 
all  sorts  of  fish  whales  sturgeon  and  all  other  royall  fishes  in  the 
seas  bays  islands  and  rivers  within  the  abovemenconed  premisses 
and  the  royall  fish  and  others  therein  taken  together  with  the 
royaltye  of  the  sea  upon  the  coast  within  the  limitts  aforesaid 
And  moreover  all  veines,  mines  and  quarries  as  well  discovered 
as  not  discovered  of  gold  silver  gems  precious  stones  and  all 
other  whatsoever  be  it  of  stones  mettalls  or  any  other  thing 
whatsoever  found  or  to  be  found  within  the  Islands  and  limitts 
aforesaid  and  all  other  royaltyes  libertyes  franchises  and 
priviledges  in  and  by  the  said  Letters  Patents  granted  not 
interfering  with  or  relating  to  the  civill  and  military  powers  of 
Government  of  and  in  the  said  Islands  and  so  as  the  said  Islands 
shall  be  put  under  and  remaine  a  seperate  and  distinct  Government 
and  shall  not  be  made  any  member  or  part  of  any  Colony  in  America 
or  elsewhere  nor  be  depending  on  or  subject  to  their  Government 
in  anything  but  be  subject  imediately  to  the  Crowne  of  Great 


AMERICA  AND  WEST  INDIES.  si 

1717. 

Brittaine  as  depending  thereof  for  ever  etc.  Signed  and  sealed 
by  James  Bertye,  Doddington  Grevill,  Sr.  Fullivar  Skip  with, 
William  Lord  Berkeley,  Maurice  Ashley  and  Sr.  John  Colleton, 
and  Maurice  Ashley  for  John  Lord  Carterett.  Endorsed,  Reed, 
(from  Capt.  Rogers)  Read  6th  Nov.,  1717.  Parchment.  2  large 
pp.  [(7.0.  5,  1265.  No.  82  ;  and  5,  1293.  pp.  115-126.] 

Oct.  28.        177.    Mr.  Attorney  and  Mr.  Solicitor  General  to  Mr.  Popple. 

Enclose  following  in  reply  to  13th  Feb.,  and  to  H.M.  reference  of 

the    Earl    of    Sutherland's    petition    to    them.     Signed,    Edw. 

Northey,    Wm.   Thomson.     Endorsed,   Reed.    29th   Oct.,   Read 

6th  Nov,  1717.     |  p.     Enclosed, 

177.  i.  Mr.  Attorney  and  Solicitor  General  to  the  King. 
21st  Oct.,  1717.  We  have  jointly  considered  of 
the  petition  of  the  Earl  of  Sutherland  for  a  Charter 
of  the  three  Lower  Counties  upon  Delaware.  Bay  etc. 
We  have  heard  the  persons  concerned  for  William 
Perm  Esq.,  and  severall  mortgagees  and  purchasers 
under  him  and  also  Lord  Baltimore  who  severally 
claim  title  to  the  said  Lower  Counties  being  called 
New  Castle  Kent  and  Sussex  And  we  do  most 
humbly  certifie  your  Majesty  that  the  said  William 
Penn  is  intituled  under  the  grants  of  K.  Charles  II  to  the 
Plantation  of  Pensilvania  But  that  these  Counties  are 
not  included  in  such  grant  and  his  title  to  Pensilvania  is 
not  now  contested.  And  as  to  your  Majesty's  title 
which  the  Earl  of  Sutherland  has  undertaken  to  make 
out  to  the  said  three  Lower  Counties  he  has  insisted  that 
the  same  were  gained  by  conquest  by  the  subjects  of 
your  Majesty's  predecessors  or  granted  to  your  Majesty's 
predecessors  by  the  possessors  thereof  and  that  thereby 
your  Majesty's  predecessors  became  intituled  to  the 
same  for  that  a  subject  of  the  Crown  could  not  make 
foreign  acquisitions  by  conquest  but  for  the  benefit  of 
the  Crown  And  that  the  length  of  possession  will  be  no 
barr  to  the  Crown  That  for  severall  years  last  past  Mr. 
Penn  hath  had  the  possession  of  the  said  Lower  Counties 
under  a  pretence  of  a  grant  thereof  to  him  made  in  1682 
by  the  late  King  James  when  Duke  of  York  who  then 
had  the  possession  of  New  York  and  the  said  three 
Lower  Counties  ;  but  had  no  right  to  the  said  Lower 
Counties  and  therefore  could  not  transferr  any  right 
in  the  same  to  the  said  Mr.  Penn  which  appears  For  that 
the  said  late  King  afterwards  when  Duke  of  York  in 
1683  obtained  a  warrant  from  the  then  King  Charles  II 
to  pass  a  Patent  whereby  the  said  three  Lower  Counties 
should  have  been  granted  to  the  said  then  Duke  of  York 
And  a  copy  of  a  Bill  to  pass  into  a  grant  in  April  1683 
to  the  said  James  Duke  of  York  of  the  said  three  Lower 
Counties  has  been  produced  by  the  said  Earl  of  Suther- 
land And  it  is  alledged  the  same  was  never  past  into  a 
grant  And  that  if  the  same  had  past  into  a  grant  it 


88  COLONIAL    PAPERS. 

1717. 


would  not  have  made  Mr.  Penn's  title  to  the  said  Three 
Lower  Counties  to  be  good,  the  title  of  the  said  Mr.  Perm 
under  the  Duke  of  York  being  precedent  to  the  title  of 
the  said  Duke  of  York  but  that  the  same  did  remain  in 
the  said  Duke  of  York  and  is  consequently  now  in  your 
Majesty  And  that  your  Majesty's  title  further  appeares 
For  that  after  in  May  1683  when  the  then  Lord  Baltimore 
by  petition  opposed  the  passing  the  said  Bill  under  the 
Great  Seal  Mr.  Penn  then  appeared  against  the  said 
Lord  Baltimore  as  Agent  for  the  Crown  and  not  on 
behalf  of  himself  And  Mr.  Penn  under  his  hand  has 
declared  that  your  Majesty's  Royal  approbation  and 
allowance  of  the  Deputy  Governor  of  Pensilvania  and 
the  three  Lower  Counties  on  Delaware  River  named  by 
him  shall  not  be  construed  to  diminish  or  sett  aside  the 
right  claimed  by  the  Crown  to  the  said  three  Lower 
Counties  Besides  the  said  Earl  of  Sutherland  insists  that 
in  the  grant  of  the  said  Duke  of  York  in  1682  to  Mr. 
Penn  of  the  said  Three  Lower  Counties  there  is  a 
reservation  of  an  account  to  be  made  of  one  moiety  of 
the  profits  of  the  lands  thereby  granted  touching  which 
no  account  has  yet  been  rendred  by  Mr.  Penn  and  that 
therefore  if  the  said  grant  in  1682  was  effectual  the  said 
Mr.  Penn  is  yet  accountable  to  your  Maty,  for  the 
moiety  of  all  the  profits  of  the  land  so  granted  from  the 
year  1682  according  to  the  said  reservation,  And  that 
that  if  the  said  Earl  of  Sutherland  cannot  by  your  Maty's 
favour  be  intituled  to  the  said  Three  Lower  Counties 
he  humbly  prays  he  may  have  the  benefit  of  the  said 
account.  In  answer  to  which  on  the  behalf  of  Mr. 
Penn's  mortgagees  and  other  purchasers  under  him  it 
hath  been  alledged  that  the  late  King  James  II  when 
Duke  of  York  was  seized  in  fee  of  the  said  Three  Lower 
Counties  and  as  one  argument  to  prove  such  seizin  they 
have  produced  Letters  Patents  dated  the  29th  of  June 
26°  Car.  2di  whereby  his  said  late  Maty.  King  Charles  II 
granted  to  the  said  James  late  Duke  of  York  his  heires 
and  assigns  all  that  part  of  the  main  land  of  New 
England  beginning  at  a  certain  place  called  or  known  by 
the  name  of  St.  Croix  adjoyning  to  New  Scotland  in 
America  and  from  thence  extending  along  the  sea 
coast  unto  a  certain  place  called  Pemaquinne  or 
Pemaquid  and  so  up  the  river  thereof  to  the  further 
head  of  the  same  as  it  tendeth  northward  and  extending 
from  the  River  of  Kinebequin  and  so  upwards  by  the 
shortest  course  to  the  River  Canada  northwards 
And  all  that  Island  or  Islands  commonly  called  by  the 
several  name  or  names  of  Matewaicks  or  Long  Island 
scituate  and  being  towards  the  west  of  Cape  Codd  and 
the  Narro  Higansetts  abutting  upon  the  mainland 
between  the  two  rivers  there  called  or  known  by  the 
several  names  of  Connecticut  and  Hudson  River  together 


AMERICA    AND    WEST    INDIES.  89 

1717. 

also  with  the  said  river  called  Hudson's  River  And  all 
the  lands  from  the  West  side  of  Connecticut  River  to  the 
East  side  of  Delaware  Bay  And  also  all  those  severall 
Islands  called  or  known  by  the  name  of  Martin  Viniard 
and  Nantacks  otherwise  Nantakett  Together  with  all 
the  lands  islands  soyles  rivers  harbours  mines  mineralls 
quarries  woods  marshes  waters  lakes  fishings  hawkings 
hunting  and  fowling  and  all  other  royalties  profits 
commodities  and  hereditaments  to  the  said  several 
islands  lands  and  premisses  belonging  and  appertaining 
with  their  and  every  of  their  appurtenances  And  all 
his  said  late  Majty's.  estate  right  title  and  interest 
benefit  advantage  claim  and  demand  of  in  or  to  the  said 
lands  and  premisses  or  any  part  or  parcell  thereof 
And  the  revercon  and  revercons  remainder  and  remain- 
ders together  with  the  yearly  and  other  rents  revenues 
and  profits  of  the  premisses  and  of  every  part  and 
parcell  thereof  att  and  under  the  yearly  rent  of  40 
beaver  skins  when  they  shall  be  lawfully  demanded  or 
within  90  days  after  such  demand  made  with  powers 
of  Government  Within  the  descriptions  of  which  grant 
it  hath  been  agreed  by  both  parties  that  the  said  three 
Lower  Counties  are  not  contained  But  on  the  behalf  of 
Mr.  Penn  etc.  it  hath  been  insisted  that  by  the  general 
words  Together  with  all  the  lands  Islands  soyles  etc. 
the  said  three  lower  Counties  did  pass  as  belonging  to 
the  premisses  expressly  granted  by  the  said  Letters 
Patents  for  that  the  three  Lower  Counties  were  enjoyed 
by  the  said  late  Duke  of  York  together  with  New  York 
which  was  granted  by  the  said  Letters  Patents  unto  the 
said  late  Duke  of  York  untill  he  granted  the  same  to  the 
said  William  Penn  in  1682  by  the  grants  hereinafter 
mentioned  Which  seems  difficult  to  us  to  be  maintained 
since  the  abuttall  in  the  said  Letters  Patents  exclude  the 
three  Lower  Counties  But  they  presume  the  said  late 
Duke  of  York  might  have  some  other  grants  thereof 
which  Mr.  Penn  might  give  an  account  of  but  cannot 
being  under  a  Lunacy  And  we  do  further  humbly 
certifie  your  Majesty  that  by  indenture  dated  24th  Aug. 
1682  made  between  the  said  late  Duke  of  York  of  the  one 
part  and  the  said  William  Penn  of  the  other  part  the 
said  late  Duke  of  York  for  the  consideracons  therein 
menconed  did  bargain  sell  enfeoffe  and  confirm  to  the 
said  William  Penn  and  his  heirs  all  that  the  town  of 
Newcastle  otherwise  called  Delaware  And  all  that  tract 
of  land  lying  within  the  compass  or  circle  of  twelve  miles 
about  the  same  scituate  lyeing  and  being  upon  the 
River  Delaware  And  all  islands  in  the  said  River  Dela- 
ware and  the  said  River  and  soil  thereof  lyeing  north  of 
the  southermost  part  of  the  said  circle  of  twelve  miles 
about  the  said  town  together  with  all  rents  services 
royalties  franchises  duties  jurisdictions  liberties  and 


90  COLONIAL  PAPERS. 

1717. 


priviledges  thereunto  belonging  And  all  the  estate  right 
title 'interest  powers  property  claim  and  demand  what- 
soever of  the  said  late  Duke  of  and  in  or  to  the  same  or 
to  any  part  or  parcell  thereof  At  and  under  the  yearly 
rent  of  five  shillings  with  a  covenant  for  farther  assurance. 
And  the  said  late  Duke  did  thereby  constitute  and 
appoint  John  Moll  and  Ephraim  Harman  or  either  of 
them  his  Attorney  with  full  power  for  him  and  in  his 
name  and  stead  to  deliver  seizin  of  the  premisses  granted 
by  the  said  last  recited  indenture  to  the  said  Wm.  Penn 
and  his  heirs.  And  the  said  late  Duke  of  York  by 
another  indenture  bearing  date  the  said  24th  of  August 
1682,  and  made  between  the  said  late  Duke  of  York  of 
the  one  part,  and  the  sd,  Wm .  Penn  of  the  other  part  for  the 
consideration  therein  mentioned  did  bargain,  sell,  infeoffe 
and  confirm  unto  the  said  Wm.  Penn  and  his  heirs,  all 
that  tract  of  land  upon  Delaware  River  and  Bay  beginning 
1 2  miles  south  from  ye  Town  of  Newcastle  otherwise  called 
Delaware  and  extending  south  to  the  Whore  Kills 
otherwise  called  Capin  Lopen  [Cape  Henlopen]  together 
with  free  and  undisturbed  use  and  passage  unto  and  out 
of  all  harbours,  bays,  waters,  rivers,  isles  and  inlets 
belonging  to  or  leading  to  the  same  together  with  the 
soil,  fields,  woods,  underwoods,  mountains,  hills,  fenns, 
isles,  lakes,  rivers,  rivulets,  bays,  and  inlets  situate  in  or 
belonging  unto  the  limits  and  bounds  aforesaid  together 
with  all  sorts  of  minerals.  And  all  ye  estate,  intrest, 
royalties,  franchises,  powers,  privileges,  and  immunities 
whatsoever  of  the  sd.  Duke  of  York  therein  or  in  or  unto 
any  part  or  parcel  thereof  at  and  under  the  yearly  rent 
of  one  rose.  In  which  said  last  mentioned  indenture  is 
contained  a  covenant  on  the  part  of  the  said  Wm.  Penn 
his  heirs  or  assigns  within  the  space  of  one  year  next 
ensuing  the  date  of  the  said  indenture  to  erect  or  cause 
to  be  erected  and  set  up  one  or  more  publick  office  or 
offices  of  registry  in  or  upon  the  said  last  bargained 
premisses  wherein  truly  and  faithfully  to  account  set 
down  and  register  all  and  all  manner  of  rents  and  other 
profits  which  he  or  they  or  any  of  them  shall  by  any 
ways  or  means  make,  raise  get  or  procure  of  in  or  out  of 
the  said  last  bargained  premisses  or  any  part  or  parcel 
thereof.  And  also  at  the  Feast  of  St.  Michael  the 
Archangel  yearly  and  every  year  shall  well  and  truly 
yeild  pay  and  deliver  unto  the  said  late  Duke  of  York 
His  heirs  and  assigns  one  full  moiety  of  all  and  all  manner 
of  rents,  issues  and  profits  as  well  extraordinary  as 
ordinary  as  shall  be  made  or  raised  upon  or  by  reason 
of  the  premisses  or  any  part  thereof  with  power  to  the 
said  late  Duke  of  York  his  heirs  and  assigns  in  case 
the  same  shall  be  in  arrear  20  .days  to  enter  in  and  upon 
the  same  premisses  or  any  part  thereof  and  there  to 
distrain  and  the  distresses  to  detain  until  payment  of 


AMERICA  AND  WEST  INDIES.  9l 

1717. 

the  said  moiety  and  arrears  thereof  together  with  all 
costs  and  damages  for  the  same.  And  by  the  same 
indenture  the  said  John  Moll  and  Ephraim  Harman  or 
either  of  them  were  appointed  in  like  manner  Attorney 
or  Attorneys  to  deliver  seizin  of  the  last  bargained 
premisses  to  the  said  Win.  Penn  and  his  heirs.  Both 
which  said  indentures  were  entred  in  the  Office  of 
Records  for  ye  Province  of  New  York  on  the  21st  of 
Novr.  1682,  within  wch.  said  grants  the  said  three  lower 
Counties  are  contain'd  but  the  covenant  to  account 
extends  only  to  what  is  included  in  the  last  recited 
grant.  That  by  an  order  by  the  Commander  in  Chief 
and  Council  of  New  York  dated  at  New  York  21  Novr. 
1682,  reciting  the  said  two  recited  indentures,  and 
reciting,  that  the  said  Commander  and  Council,  were 
fully  satisfy 'd  of  the  said  Wm.  Penn's  right  to  the 
possession  and  enjoyment  of  the  premisses  had  therefore 
thought  fit  and  necessary  to  signify  and  declare  the  same 
to  the  several  Justices  of  ye  Peace  Magistrates  and  other 
Officers  at  Newcastle,  St.  Jones  Deale  als.  Whore  Kill, 
at  Delaware,  or  within  any  of  the  bounds  and  limits 
abovemention'd  to  prevent  any  doubt  or  trouble  that 
might  arise  ;  and  after  having  thanked  the  said  Magis- 
trates for  their  good  services  in  their  several  offices  and 
stations  during  the  time  they  remained  under  his  sd. 
late  Royal  Highnesses  Government,  they  declare  they 
expected  no  further  account,  than  that  they  should 
readily  submit  and  yeild  all  due  obedience  and  con- 
formity to  the  powers  granted  to  the  sd.  Wm.  Penn  in 
and  by  the  said  indentures.  Which  said  order  was  the 
25th  of  October  1701  entred  in  the  Rolls  Office  at 
Philadelphia.  It  appears  by  the  affidavit  of  Thomas 
Grey,  who  swears  he  lived  in  Pensylvania  from  the  year 
1699  to  the  year  1707,  and  that  he  made  out  and  saw 
many  patents  or  grants  and  warrants  whereby  consider- 
able quantities  of  lands  lying  in  the  said  three  lower 
Counties  which  as  he  deposes  are  esteemed  to  belong 
to  Pensylvania  were  granted  to  divers  persons  and  their 
heirs  some  of  which  grants  or  warrants  were  signed  by 
the  sd.  Wm.  Penn,  and  the  rest  by  his  Agents  or  Com- 
missioners, and  all  sealed  with  the  seal  of  the  said 
Province  ;  and  that  he  hath  seen  great  improvemts. 
in  building  and  planting  by  persons  claiming  under  such 
grants.  That  many  of  the  said  inhabitants  who  were 
reputed  to  have  settled  upon  lands  in  the  said  lower 
Counties  by  virtue  of  grants  or  patents,  and  warrants 
either  from  the  Swedes  or  Dutch  when  the  said  Counties 
were  in  their  hands  respectively  or  from  the  Governor 
of  New  York  under  the  said  late  Duke  of  York  when 
the  same  was  in  his  hands  did  upon  making  up  their 
accounts  of  quit-rents  due  from  them  to  the  said  William 
Penn  for  their  lands  accept  new  patents  from  the  said 


92  COLONIAL  PAPERS. 

1717. 


Wm.  Perm  or  his  Agents,  and  have  since  much  increased 
their  improvements  thereof  both  in  building  and 
planting.  That  he  hath  seen  patents  or  instruments 
for  conveying  lands  in  the  said  lower  Counties  to  divers 
of  ye  ancient  inhabitants  thereof,  as  well  from  ye  Swedes 
or  Dutch  as  the  Governors  of  New  York  under  the  sd. 
late  Duke,  as  also  Commissions  under  the  hands  of  some 
one  of  the  said  Governors  of  New  York  constituting 
Magistrates  and  officers  in  the  said  lower  Counties. 
That  he  believes  that  the  Patents  of  lands  in  the  said 
lower  Counties  granted  by  the  said  Governors  of  New 
York  were  registred  at  New  York,  and  that  if  search 
were  made  in  the  Secry's  Office  there,  the  same  would 
appear  so  to  be.  That  he  believes  much  the  greatest 
part  of  the  inhabitants  of  the  said  lower  Counties,  who 
have  land  there  hold  the  same  by  title  under  Mr.  Penn, 
and  that  several  who  hold  land  there  by  other  title 
have  delivered  the  same  up  and  have  accepted  new 
grants  from  Mr.  Penn.  And  it  also  appears  by  the 
affirmation  of  Robt.  Hiscox  a  Quaker,  that  the  Naval 
Store  Company  in  Bristol  have  by  their  Agents  made 
several  purchases  of  the  said  Wm.  Penn  of  3120  acres 
of  land  in  the  County  of  Kent,  and  that  the  said  Company 
hath  expended  for  purchasing  lands,  building  thereon 
and  other  improvements,  and  in  carrying  on  their 
manufacture  for  raising  hemp  upwards  of  2000^'.  and  are 
by  their  articles  obliged  to  lay  out  5000^.,  of  which  the 
said  2000^.  is  part,  and  that  he  expects  in  a  short 
time  the  greater  part  of  the  remaining  3000^'.  will  be 
laid  out  in  the  managemt.  and  carrying  on  the  said 
manufacture,  and  that  no  benefit  hath  yet  accrued  to 
the  said  Company  for  ye  mony  so  expended,  and  that 
he  believes  other  purchases  are  already  made  for  the  use 
of  the  said  Company.  And  as  to  the  said  Ea/1  of 
Sutherland's  objection,  that  the  Duke  of  York  in  1682, 
had  no  title  to  the  lower  Counties,  and  therefore  those 
grants  then  made  to  Mr.  Penn  were  void,  which  appears 
by  a  copy  of  a  bill  dated  13  April  1683  in  order  to  be 
passed  into  a  grant  of  the  said  three  lower  Counties  to 
the  said  late  Duke  of  York,  which  is  after  the  grant  by 
the  Duke  of  York  to  the  sd.  Wm.  Penn  but  never  passed 
into  a  grant,  and  which  bill  recites  a  surrender  of  certain 
Letters  Patents  bearing  date  the  22nd  of  Mar.  then  last 
past,  (which  grant  cannot  be  found)  of  the  Town  of 
Newcastle  otherwise  Delaware  and  Fort  thereunto 
belonging,  lying  between  Maryland  and  New  Jersey  in 
America.  And  several  other  lands,  tenements  and 
hereditaments  therein  mentioned  the  said  late  King 
Charles  the  Second  for  the  consider atn.  therein  men- 
tioned did  grant  to  the  said  late  Duke  of  York  and  his 
heirs  all  that  the  Town  of  Newcastle  other  wise  called 
Delaware  and  Fort  therein  or  thereunto  belonging  lying 


AMERICA  AND  WEST  INDIES.  93 

1717. 

between  Maryland  and  New  Jersey  in  America,  and  all 
that  River  called  Delaware  and  soil  thereof  and  all 
Islands  in  the  said  River  and  all  that  tract  of  land  upon 
the  West  side  of  the  river  and  bay  of  Delaware,  which 
lyeth  from  Skoolkill  Creek  upon  the  said  River  unto 
Bombeys  Hook  and  backwards  into  the  woods  so  far  as 
the  Minquas  country,  and  Bombey's  Hook  on  the  said 
River  and  Bay  unto  Cape  Henlopen  now  called  Cape 
James  being  the  South  point  of  a  sea  Warmet  Inlet  and 
backwards  into  the  woods  three  Indian  days  journeys 
being  formerly  the  claim  or  possession  of  the  Dutch 
(or  purchased  by  them  of  the  natives)  or  which  was  by 
them  first  surrendered  unto  his  said  late  Majesty's 
Lieut.  Governor  Col.  Niccols,  and  which  had  been  since 
surrendered  unto  Sir.  Edmd.  Andros  Lieut.  Governor  of 
the  said  James  Duke  of  York,  and  had  for  several  years 
been  in  his  possession,  with  the  free  use  and  continuance 
in,  and  passage  into  and  out  of  all  and  singular  ports, 
harbours,  bays,  rivers,  isles  and  inlets  belonging  unto  or 
leading  to  or  from  the  said  tract  of  land  or  any  part  or 
parcel  thereof  ;  And  the  seas,  bays  and  rivers  and  soil 
thereof  bending  eastward  and  southward  on  the  sd. 
tract  of  land  and  all  islands  therein.  And  also  all  the 
soil,  lands,  fields,  woods,  underwoods,  mountains,  hills, 
fenns,  swa-mps,  isles,  lakes,  rivers,  rivulets,  bays  and 
inlets,  situate  and  being  within  the  said  tract  of  land, 
and  any  of  the  limits  and  bounds  aforesaid  ;  together 
with  all  minerals  quarries  fishings,  hawkings,  huntings 
and  fowlings,  and  all  other  royalties,  privileges,  proffits, 
commodities  and  hereditaments  to  the  said  town,  fort, 
tract  of  land  and  premises,  or  to  any  or  either  of  them 
belonging  or  appertaining  with  their  and  every  of  their 
appurtenances  in  America.  And  all  his  said  late 
Majesty's  estate,  right,  title,  intrest,  benefit,  advantage, 
claim  and  demand  whatsoever  of  in  or  to  the  sd.  town, 
fort,  tract  of  land  and  premises,  or  any  part  or  parcel 
thereof,  together  with  ye  yearly  and  other  rents,  revenues 
and  profits  of  the  premises  and  of  every  part  and  parcel 
thereof.  To  hold  to  the  sd.  Duke  of  York  and  h'is  heirs 
at  and  under  the  yearly  rent  of  one  beaver  skin  when 
demanded.  On  the  behalf  of  Mr.  Penn  it  is  alledged  ; 
That  it  is  probable  the  said  bill  in  1683  might  have  been 
passed  into  a  grant ;  for  that  they  produced  from  the 
Hanaper  Office,  where  entries  are  made  of  grants  that 
pass  the  Great  Seal,  a  certificate  of  an  entry  in  that 
Office  in  the  words  following,  vizt :  April  the  6th  1683 
A  grant  to  James  Duke  of  York  of  the  Town  of  New- 
castle als.  Delaware,  situate  between  Maryland  and 
New  Jersey  in  America  to  him  and  his  heirs  for  ever, 
such  entries  not  being  made  at  the  Hanaper  Office  but 
where  Letters  Patents  do  pass,  which  Patent  might 
happen  not  to  be  enrolled,  as  it  is  not  by  the  neglect  of 


94  COLONIAL  PAPERS. 

1717. 


the  Six  Clerk  called  the  Riding  clerk,  whose  business 
it  was  to  see  the  same  inrolled.  And  as  to  the  objection, 
that  if  the  same  were  inrolled,  that  the  same  is  a  title 
subsequent  to  ye  grant  to  Mr.  Penn,  and  that  Mr.  Penn 
appeared  as  Agent  for  the  Crown  against  the  Lord 
Baltemore,  they  do  humbly  insist  that  Mr.  Penn  having 
a  grant  then  so  lately  from  the  said  late  Duke  of  York 
might  make  use  of  the  name  of  the  said  Duke  with  his 
leave  in  trust  for  the  said  Mr.  Penn  and  his  heirs,  which 
they  the  rather  apprehend  for  that  the  possession  was 
always  suffered  to  remain  with  the  said  Wm.  Penn. 
And  "that  if  the  sd.  grant  was  passed  and  the  said  grant 
was  in  trust  for  the  said  Wm.  Penn,  the  same  extin- 
guished the  said  covenant  of  Mr.  Penn  for  accounting  in 
the  grant  made  to  him  thereof.  Besides  in  the  said  last 
grant  to  the  Duke  of  York  it  is  recited  that  the  lands 
were  formerly  the  claim  and  possession  of  the  Dutch  and 
had  been  surrendered  unto  the  Lieut.  Governor  of  the 
said  Duke  of  York,  and  had  for  several  years  been  in 
his  possession,  which  might  enable  him  to  make  the 
grants  in  1682  to  the  sd.  Mr.  Penn.  And  on  the  behalf 
of  the  purchasers  it  has  been  insisted,  that  it  would  be 
very  hard  to  put  them  to  any  trouble  who  have  bought 
under  ye  title  and  enjoyment  of  Mr.  Penn,  and  have 
laid  out  great  sums  of  mony  in  improving  their  pur- 
chases. And  as  to  the  title  claimed  by  the  Lord 
Baltemore  we  are  humbly  of  opinion  that  ye  same  has 
already  received  a  full  and  a  final  determination.  For 
that  31  May  1683  Richard  Burk  Gent,  servant  to 
Charles  Ld.  Baltemore  praying  that  the  sd.  Bill  of  1683 
might  not  pass  the  Great  "Seal  until  his  then  Majesty 
should  be  satisfy'd  of  the  extent  of  the  Letters  Patents 
formerly  granted  to  Cecil  Lord  Baltemore  ;  wherein 
the  said  town  and  adjacent  country  is  alledged  to  be 
comprized,  which  said  petition  being  referred  to  the 
then  Lords  Commissioners  for  Trade  and  Plantations 
on  the  13th  of  Nov.  1685  their  Lordships  made  their 
report,  wherein  they  report  that  having  examined  the 
matters  in  difference  between  the  Ld.  Baltemore  and 
Wm.  Penn  Esq.  on  behalf  of  his  then  Majesty  concerning 
his  tract  of  land  called  Delaware,  they  found  the  land 
intended  to  be  granted  to  Lord  Baltemore  was  only 
lands  uncultivated  and  inhabited  by  savages,  and  that 
the  tract  of  land  then  in  dispute  was  inhabited  and 
planted  by  Christns.  at  and  before  the  date  of  the  Lord 
Baltemore's  Patent,  as  it  had  ever  since  to  that  time  and 
continued  as  a  distinct  Colony  from  Maryland.  So  that 
their  Lordships  humbly  offered  their  opinion  that  for 
avoiding  further  differences  the  tract  of  land  lying 
between  the  River  and  the  Eastern  Sea  on  the  one  side 
and  Cheasapeak  Bay  on  the  other  be  divided  into  equal 
parts  by  a  line  from  the  latitude  of  Cape  Hinlopen  to  the 


AMERICA  AND  WEST  INDIES.  95 

1717. 

40  degree  of  Northern  latitude,  and  that  one  half  thereof 
lying  towards  the  Bay  of  Delaware  and  the  Eastern  Sea 
be  adjudged  to  belong  to  H.M.,  and  the  other  half  to 
Lord  Baltemore.     Which  report  his  then  Majesty  was 
pleased  to  approve  of,  and  to  order  the  said  lands  to 
be  divided  accordingly  and  the  Lord  Baltemore  and 
Wm.  Penn  required  to  yield  due  obedience  thereunto, 
which  Rept.  was  also  confirmed  22nd  June  1709  by  her 
late    Majesty    Queen    Ann    in    Council,    however   this 
petition  is  a  very  great  argument,  that  the  Bill  of  1683 
to  the  late  Duke  of  York  never  passed  the  Great  Seal  as 
on  Mr.  Penn's  behalf  is  supposed  for  that  it  being  stopt 
as  must  be  presumed  in  that  petition  or  grant  after  that 
matter  settled  which  was  in  1685  in  the  reign  of  the  sd. 
Duke  when  King  of  England,  could  not  pass  the  Great 
Seal  in  the  name  of  King  Charles  to  the  Duke  of  York 
then  being  King  of  England  but  the  entry  in  the  Hanaper 
Office  might  have  been  made  when  the  Privy  Seal  was 
brought  to  the  Great  Seal  to  be  passed  into  a  grant. 
On  the  whole  matter  we  humbly  submit  it  to  your 
Majesty's  consideration  whether  it  will  not  be  reasonable 
that  your  Majesty's  title  should  be  established  by  ye 
Court  of  Chancery  before  any  grant  should  be  made  of 
the  premises.     And  if  any  grant  should  be  made  we 
most  humbly  submit  it  to  your  Majesty,  whether  the 
claims  of  purchasers  or  grantees  under  Mr.  Penn  who 
have  improved  part  of  the  said    three  lower  Counties 
should  not  be  established  ;     But  if  Mr.  Penn  should  have 
a  title  to  the  three  lower  Counties  by  virtue  of  ye  two 
grants  made  to  him  by  the  late  King  James  in  1682, 
when  Duke  of  York  we  have  not  received  any  answer 
why  he  should  not  account  according  to  his  Covenant  in 
the  last  of  the  said  deeds  for  the  moiety  of  the  rents, 
issues    and    profits    raised    by    virtue    of    that    grant. 
Signed  and  endorsed  as  preceding.     141  pp. 
177.  ii.  Duplicate  of  C.S.P.,  1716-17,  No.  434. 

177.  iii.  Duplicate  of  C.S.P.,    1716-17,    No.    434   i.     [C.O.   5, 

1265.  Nos.  83,  83  i.  (without  Nos.  ii.,  iii.)  ;  and  (without 
enclosures)  5,  1293.  p.  127  ;  and  (enclosures  only)  5, 
1233.  Nos.  57,  57  i.,  ii.] 

Oct.  31.         178.     Order  of  King  in  Council.     Referring  following  to  the 
Hampton     Council   of   Trade   and   Plantations   for   their   report.     Signed, 

Robert   Hales.     Endorsed,    Reed.    5th,    Read   6th   Nov.,    1717. 

1 J  pp.     Enclosed, 

178.  i.  Petition  of  the  Court  of  Directors  of  the  South  Sea 

Company  to  the  King  in  Council.  Pray  H.M.  to 
disannull  the  Act  of  Jamaica,  1716,  and  any  future  Act 
of  Jamaica  imposing  a  duty  upon  negroes  brought  in 
and  exported  by  the  Company,  etc.  Signed,  Ja.  Bateman, 
Sub.  Governor,  Saml.  Shepheard,  Deputie.  Copy. 
3J  pp.  Enclosed, 


96 


COLONIAL    PAPERS. 


1717. 


Oct.  31 

Hampton 
Court. 


Oct.  31. 

Hampton 
Court. 


Nov.  4. 

London. 


178.  ii.  Copy  of  petition  of  the  South  Sea  Company,  C.S.P. 

1716,   No.    67    i.     [C.O.   137,   12.     Nos.   92,  92  i.,  ii.  ; 
and  138,  15.     pp.  510-517.] 

179.  H.M.  Warrant  granting  a  free  pardon  to  Rebecca  Curl 
of  Barbados  (v.  25th  May,   1717).     Countersigned,  J.  Addison. 
[C.O.  324,  33.     pp.  108,  109.] 

180.  H.M.    Commission   to   Thos.    Bernard   to   act   as   Lt. 
Governor  of  Jamaica  in  case  of  the  death  or  absence  of  Governor 
Sr.  Nicholas  Lawes.     Countersigned,  J.  Addison.     [C.O.  324,  33. 
pp.  109,  110.] 

181.  Sir.  N.  Lawes  to  the  Council  of  Trade  and  Plantations. 
I  know  not,  how  to  answer  your  commands  better  then  by  reciteing 
part  of  a  letter  wrote  to  me  from  Jamaica  viz  :— "  I  repeat  my 
earnest  desire,  that  you  would  use  the  most  pressing  instances 
with  the  Ministers,  that  they   would  take  some   methods  for 
supporting  the  Government,  and  saving  the  Island,  which  daily 
sinks  in  its  people,  while  our  wiser  neighbours  are  increasing  : 
And  we  are  such  stupid  and  mercenary  wretches  to  give  them  all 
the  assistance  we  can  ;  for  our  own  undoing,  by  furnishing  them 
with  all  materials  for  sugar  works.     Very  lately  a  French  man 
came  from  Hispanic! a,  and  bought  all  the  lead,  and  mill  work  in 
the  Island,  so  that  several  people  were  forced  to  stop  work,  till 
more  came  in  the  London  ships.     The  trade  is  now  grown  bare- 
faced.    They  bring  in  sugars  as  well  as  indigo.     There  are  now  at 
North  side  three  ships  from  London,  under  pretence  of  loading 
there,  which  is  in  truth  not  able  to  load  one  ship  ;  but  we  are 
assured  they  go  home  freighted  with  French  sugar,  and  indigo  : 
Besides  the  French  have  raised  our  bitts  i.e.  7|d.  to  lOd.  pr.  bitt ; 
by  which  we  shall  soon  be  stript  of  all  our  currant  money  :  for 
Gods  sake  endeavour  to  put  a  stop  to  it.     The  ship  Tanner  frigat 
(Benham,  master)  unloaded  at  Port  Royal  went  empty  up  to 
Hispaniola,  and  there  took  in  her  loading  for  France  where  she 
now  is." 

And  now  my  Lords  I  beg  to  state  some  questions  upon  H.M. 
late  Proclamation  for  suppressing  of  pyrates.  (i.)  Whether  the 
Proclamation  is  a  full  and  sufficient  pardon  to  any  persons,  who 
may  have  committed  pyracies  and  robberies  upon  the  High  Seas 
in  America  within  the  time  therein  mentioned  ;  or  if  not  what 
steps  must  be  taken  to  obtain  it  of  the  Govrs.  in  America  ? 
(ii.)  Whether  by  this  Proclamation  murders  committed  by  such 
pirates  are  pardoned  ?  (iii.)  Whether  the  persons  who  have 
committed  any  robberies,  or  pyracies.  or  any  others  by  that  title 
can  hold  the  monys  and  effects  they  may  be  so  possest  of,  and  not 
liable  to  be  prosecuted  for  them  ?  (iv.)  Whether  if  any  persons 
having  notice  of  this  Proclamation  should  between  such  notice, 
and  the  fifth  of  January  next  committ  any  pyracies  or  robberies 
are  intitled  to  the  benefitt  of  it  ?  etc.  1  am  informed  more  than 
20  laws  (most  of  the  present  Governor  and  Assembly)  are  now 
before  your  Honors,  for  H.M.  approbation.  Prays  for  their 


AMERICA    AND    WEST    INDIES. 


97 


1717. 


Nov.  6. 

Whitehall. 


Nov.  6. 


Nov.  6. 

Whitehall. 


Nov.  6. 

Annapolis 
Royal. 


decisions  and  that  he  may  be  given  their  reasons  if  they  require 
amending  etc.  Signed,  Nicholas  Lawes.  Endorsed.  Reed.  4th, 
Read  7th  Nov.,  1717.  If  pp.  Enclosed, 

181.  i.  Reasons  for  not  calling  an  Assembly  [?  by  that  part  of 

the  Council  which  dissented].    No  signature.     1  p.     [C.O. 
137,  12.     Nos.  93,  93  i.,  ;  and  138,  15.     pp.  518-524.] 

182.  Mr.  Popple"  to  John  Ury,   Secry.  to  the  South  Sea 
Company.     The  Council  of  Trade  and  Plantations  desire  to  know 
what  proof  the  Directors  have  that  the  duty  referred  to  Oct.  31st, 
has  been  paid  for  the  negroes  who  are  only  put  into  Jamaica  for 
refreshment  and  what  objections  the  Company  have  to  the  paying 
of  the  duties  upon  the  exportation  of  negros  bought  in    that 
Island  as  the  inhabitants  there  do.     [C.O.  138,  15.     pp.  517,  518.] 

183.  Richard  Shelton  to  Mr.  Popple.     The  Lords  Proprietors 
of  the  Bahama  Islands  (viz.)  four  of  them  Mr.  Ashley,  for  himselfe 
and  the  Lord  Carteret  Ld.  Berkley  and  Sr.  Jno.  Colleton,  have 
executed  a  surrender  of  their  right  to  ye  civil  and    military 
Govermt.  of  those  Islands  to  H.M.  (v.  28th  Oct.)  and  also  have 
executed  a  lease  to  Capt.  Roger  for  one  and  twenty  years  of  all 
their  remaining  rights  and  interest  in  the  said  Islands.     Both 
which  instruments  are  witnessed  by  me  etc.  and  are  word  for  word 
the   same  as   Capt.   Rogers  prepared  them.     The  reason  that 
induced  the  Lords  Proprietors  to  surrender  their  Govermt.  was, 
the  great  desire  they  had  to  have  ye  Bahama  Islands  resettled  ; 
and  upon  that  account  have  commanded  me  not  to  deliver  the 
two  deeds  as  theirs,  till  Capt.  Rogers  has  his  Comission  signed  by 
H.M.     Capt.  Rogers  has  seen  the  deeds  legally  executed  by  the 
four  Proprietors  and  tells  me  he  will  give  you  a  copy  of  the 
surrender.     Signed,   Ri.    Shelton.     Endorsed,   Reed.,   Read   6th 
Nov.,  1717.     Addressed.     1  p.     [C.O.  5,  1265.     No.  81  ;  and  6, 
1293.     pp.  114-115.] 

184.  Mr.  Popple  to  Mr.  Shelton.     In  reply  to  preceding,  the 
Lords  Commrs.  for  Trade  etc.  being  authorized  by  H.M.  to  receive 
the  surrender  of  the  Lords  Proprietors  of  the  Bahama  Islands, 
they  do  not  see  how  they  can  present  a  Commission  to  be  signed 
for  H.M.  for  Cap.  Rogers  to  be  Govr.,  till  they  are  in  possession 
of  the  said  surrender  :     For  the  preamble  of  the  Commission  is 
to  declare  (according  to  the  usual  form)  that  the  Lords  Pro- 
prietors have  actually  surrender 'd  to  H.M.,  which  cannot  be  done 
till  the  surrender  is  in  the  hands  of  those  authorized  by  H.M. 
to  receive  it.     You'll  please  to  acquaint  the  Lords  Proprietors 
with  this.     [C.O.  5,  1293.     p.  128.] 

185.  Capt.  Doucett,  Lt.  Govr.  of  Annapolis  Royal,  to  the 
Council  of  Trade  and  Plantations.     Being  so  much  prest  in  time 
after  I  receiv'd  my  Commission  etc.,  I  was  obleidged  to  depart 
without  waiting  on  your  Lordships  for  your  instructions  etc. 
Soon  after  my  arrival  I  was  inform 'd  ye  French  inhabitants  have 
never  yett  acknowledged  H.M.,  upon  which  I  summons'd  those 

Wt.  441.  O.P.  7. 


COLONIAL    PAPERS. 
1717. 


that  live  in  this  neighborhood  to  signe  the  inclosed  paper  and  told 
them  how  much  they  stood  in  their  own  light,  and  how  dangerous 
it  was  to  triffle  wth/so  great  a  monarch,  allso  declared  I  could  by 
no  means  suffer  any  of  their  vessells  to  pass  this  Fort  to  fish  or 
trade  on  this  coast  without  they  became  subjects,  to  H.M.,  and 
that  assoon  as  they  should  become  such  they  might  expect  the 
same  liberty  as  the  English,  to  which  they  deliver'd  the  paper 
enclosed.  But  since  find  severall  inclin'd  to  signe  rather  then 
loose  the  profitt  the[y]  reap  in  the  fishing  season,  which  begins 
here  in  spring  and  lasts  till  the  winter,  so  that  I  expect  as  the 
spring  aproaches,  if  advantage  can  biass  them  more  then  their 
preisfs,  some  (if  not  all)  will  declare  themselves  subjects  to  H.M. 
Tho'  att  present  most  of  them  give  out  that  they  designe  to  leave 
this  part  of  the  country  in  the  spring,  and  to  settle  on  the  other 
side  of  the  Bay  of  Fundy  about  Passmaquady,  where  they  fancy 
themselves  secure  and  that  there  no  notice  would  be  taken  off 
them,  tho'  it  is  still  in  H.M.  Dominions,  But  it  seems  this  has 
been  their  declaration  every  winter  for  five  or  six  years  past  so 
that  wee  doe  not  give  much  creditt  to  it.  As  to  what  they  take 
notice  on  in  their  answer  concerning  their  dread  of  the  Indians, 
1  am  farr  from  beleiveing  what  they  sa.y.  For  to  my  knowledge 
if  an  Indian  is  att  any  time  insolent  in  their  houses,  they  not  only 
turn  them  out,  but  beat  them  very  severly,  therefore  since  they 
doe  not  revenge  themselves  on  'em  for  such  useage  is  my  reason 
of  objection  to  what  they  alledge  should  they  become  subjects 
to  H.M.  ;  but  rather  beleive,  that  if  the  French  dared  deal 
ingeniously,  they  would  tell  us,  they  fear'd  their  preists  much 
more  then  the  indians,  who  are  continually  doeing  all  in  their 
power  to  prevent  an  English  settlement  in  this  Country  ;  and  who 
att  this  time  have  spread  over  the  country  some  of  their  forged 
intellegency's,  and  report  that  a  preist  about  30  leagues  from 
hence  has  receiv'd  a  letter  from  his  correspondent  in  France,  in 
which  he  pretends  to  have  an  account  that  this  country  is  to  be 
given  back  into  the  hands  of  the  French,  with  the  circumstance's 
following.  That  the  Pretender  was  again  landed  in  Scotland  ; 
and  that  King  George  sent  for  10,000  French  from  the  Regent 
to  assist  him,  which  troop's  soon  after  they  landed  in  England, 
they  all  declar'd  for  the  Pretender  and  that  they  had  establisht 
him  upon  the  Throne  of  Great  Brittain,  and  that  for  the  service 
those  men  had  done  him.  he  intended  to  give  to  the  French,  all 
they  should  ask  for,  therefore  'twas  not  to  be  doubted  but  that 
this  country  would  be  included  in  their  requests.  This  dismall 
story  I  hope  your  Lordships  will  not  think  me  impertinent  to 
trouble  you  with,  For  from  it  I  hope  your  Lordships  will  take 
some  method  to  convince  these  people  that  their  preists  are 
fallible.  I  therefore  humbly  move  your  Lordships  that  if  an 
order  could  be  procured  to  be  sent  from  France  to  the  Govrs. 
of  Canada  and  Cape  Bretton,  that  they  should  surpress  and 
severly  punish  any  Indian  or  other's  the  French  who  shall  insult 
the  people  of  Nova  Scotia  or  L'Acadie  that  live  under  the  pro- 
tection of  H.M.  King  George  and  that  a  coppy  of  such 
orders  be  sent  to  this  Garrison  from  the  said  Govers,  to  be 


AMERICA    AND    WEST    INDIES.  99 

1717. 

publisht  amongst  the  people  of  this  country,  it  would  be  a  great 
mean's  to  bring  them  to  be  subjects  to  H.M.,  and  destroy  all 
reasons  they  could  alledge  to  triffle  any  longer,  etc.  John 
Doucett.  Endorsed,  Reed.,  Read  22nd  May,  1718.  Holograph. 
4  pp.  Enclosed, 

185.  i.  Copy  of  declaration  of  allegiance  to  King  George,  sent 
by  Lt.  Governor  Doucett  to  the  French  Inhabitants  of 
Nova  Scotia  for  their  signature.  Same  endorsement. 

i  P. 

185.  ii.  French  inhabitants  to  Lt.  Governor  Doucett.  Reply 
to  preceding.  We  shall  be  ready  to  comply  as  soon  as 
H.M.  has  found  means  to  protect  us  from  the  savage 
nations  who  have  killed  and  plundered  several  French 
and  English  settlers  since  the  Peace.  By  taking  the 
oath  required  we  should  expose  ourselves  to  be  murdered 
by  them.  We  are  ready  to  take  oath  not  to  take  up 
arms  against  France  or  England.  76  Signatures. 
Same  endorsement.  French.  2J  pp.  [C.O.  217,  2. 
Nos.  47,  47  i.,  ii.  ;  and  (without  enclosures)  218,  1.  pp. 
350-355.] 

Nov.  7.         186.     Council   of   Trade   and   Plantations   to   Mr.   Secretary 
Whitehall.     Addison.     Refer   to  report   of   Mr.   Attorney  and  Mr.   Solicitor 

General    upon    Lord    Sutherland's    petition    (v.    Oct.   28),  etc. 

Conclude:  Finding  the  sd.  report  to  consist  of  matters  of  right  and 

law,  we  have  nothing  farther  to  offer  upon  it.    [C.O.  5,  1293. 

p.  129.] 

Nov.  7.  187.  Mr.  Popple  to  Mr,  Attorney  and  Mr.  Solicitor  General. 
The  Council  of  Trade  and  Plantations  haveing  received  some 
queries  relating  to  the  late  Proclamation  for  suppressing  of 
pirates,  send  you  a  copy  thereof,  and  desire  your  answers  thereto 
as  soon  as  possible,  that  they  may  be  the  better  able  to  instruct 
the  several  Governments  of  the  Plantations  how  to  govern  them- 
selves in  case  any  pirates  should  surrender  on  the  faith  of  this 
H.M.  Proclamation.  Annexed, 

187.  i.  Quere.  i.  Whether  the  Proclamation  is  a  full  and 
sufficient  pardon  to  any  persons  who  may  have  com- 
mitted piracies  and  robberies  upon  the  high  seas  in 
America  within  the  time  therein  mentioned,  or  if  not 
what  steps  must  be  taken  to  obtain  it  of  the  Govrs. 
in  America. 
187.  ii.  Whether  by  this  Proclamation  murders  committed 

by  such  pirates  are  pardoned. 

187.  iii.  Whether  the  persons  who  have  committed  any 
robberies,  or  piracies,  or  any  others  by  that  title  can 
hold  the  monies  and  effects  they  may  be  so  possessed 
of,  and  not  lyable  to  be  prosecuted  for  them. 
187.  iv.  Whether  if  any  persons  having  notice  of  this  Pro- 
clamation, should  between  such-  notice  and  Jan.  5th 
next  commit  any  piracies  or  robberies  are  intituled  to 
the  benefit  of  it.  [C.O.  324,  10.  pp.  146,  147.] 


100 


COLONIAL    PAPERS. 


1717. 

Nov.  7.         188.     Messrs.   Tilden   and  Mayne   to  Mr.   Popple.     Enclose 
Tower  Street,  receipt  for  seals  etc.,  Oct.  15.     Signed,  Rich.  Tilden,  Jos.  Mayne. 
Endorsed,  Reed.,  Read  8th  Nov.,  1717.     Addressed.     Postmark. 
\p.     [C.O.  28,  15.     No.  22]. 

Nov.  7.  189.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehall.  Addison.  Sr.  N.  Lawes  has  communicated  to  us  the  extract 
of  a  letter  wch.  he  has  lately  receiv'd  from  Jamaica,  relating  to 
a  trade  carry'd  on  between  that  Island  and  Hispaniola  (a  copy 
whereof  is  inclos'd)  Upon  which  we  must  observe,  that  this  trade 
ought  as  much  as  possible  to  be  discourag'd  and  prevented.  There 
is  an  Act  lately  pass'd  in  that  Island,  to  prevent  all  fraudulent 
trade  to  Hispaniola  and  other  foreign  parts,  which  Act  we  have 
not  laid  before  H.M.  for  confirmation  by  reason  it  takes  away 
the  King's  power  of  granting  a  noli  prosequi,  nor  have  we  been 
willing  to  propose  the  rejecting  it  upon  this  account,  because 
the  Act  is  in  generall  usefull  and  necessary  ;  But  we  have  chose 
to  let  it  remain  as  it  is,  till  Sr.  N.  Lawes  arrives  at  his  Governmt. 
and  has  had  an  opportunity  to  get  another  Act  pass'd,  wch.  may 
not  be  liable  to  the  aforesaid  objection  about  the  noli  prosequi 
and  may  answer  yet  more  effectually  than  this  Act  dos,  the  end 
of  preventing  the  fraudulent  and  pernicious  trade  to  Hispaniola. 
We  have  accordingly  recommended  to  Sr.  N.  Lawes  to  get  such 
an  Act  pass'd  ;  and  we  think  this  a  proper  opportunity  to  observe 
to  you  the  necessity  of  Sir  N.  Lawes  being  dispatch 'd  to  his 
Government  as  soon  as  possible.  We  take  likewise  this  occasion 
to  inform  you  that  on  the  23rd  of  the  last  month,  we  laid  a  report 
before  H.M.  in  Council  upon  sevl.  Jamaica  Acts,  and  that  we  are 
of  opinion  it  is  necessary  H.M.  pleasure  shou'd  be  declar'd  there- 
upon before  Sir  N.  Lawes  gos  from  hence.  [C.O.  138,  16.  pp. 
1,2.] 

Nov.  8.         190.     Daniel  Wescomb  to  Mr.  Popple.     Acknowledges  letter 
South  Sea     of  NOV>  6  addressed  to  Mr.  Ury  etc.     Signed,  Daniel  Wescomb. 

Endorsed,  Reed.  9th,  Read  12th  Nov.   1717.     1  p.     [C.O.   137, 

12.     No.  94  ;  and  138,  16.     p.3.] 


House. 


[Nov.  8.]  191.  Objections  of  parishioners  of  St.  Philip  to  an  Act  of 
Antego  to  indemnify  Anthony  Brown  etc.  Endorsed,  Reed,  [from 
(John)  Marsh,  Sollicitor]  8th  Nov.,  1717,  Read  29th  Jan.,  1720. 
3  large  pp.  [C.O.  152,  13.  ff.  3-5.] 


[Nov.  8V 


Nov.  9. 

Boston. 


192.  Church  Wardens  and  Vestry  of  the  Parish  of  St.  Philip 
in  Antigua  to  the   Bishop  of  London.     Objections  to  Act  as 
preceding.     Signed,  Benjamin  Wickham,  Thomas  Elmes,  Church- 
wardens.    Jos.   Ledeatt,  James  Apres,  William  Painter,  Wm. 
Steele    Senr.,   Timo.    Singin,    Samuel    Mayer,    Jno.    Barnard. 
Endorsed  as  preceding.     If  pp.     [C.O.  152/13.    ff.  6,  7.] 

1 93.  -Governor  Shute  to  the  Council  of  Trade  and  Plantations. 
I  am  favoured  with  yours  of  the  4th  of  August  last  and  have 
issued  out  Proclamations  to  prohibit  the  illegal  trade,  that  has 


AMERICA    AND    WEST    INDIES.  101 

nil 

been  carried  on,  between  H.M.  Plantations  and  the  French 
settlements  in  America,  both  the  Provinces  of  the  Massachusetts 
Bay  and  New  Hampshire  :  and  have  sent  your  Lorps.'  enclosed 
orders  to  the  Governments  of  Rhode  Island,  and  Connecticut. 
Replies  to  enquiries  made  in  their  Lordships'  said  letter  (quoted) : — 
These  Provinces  are  indeed  very  much  indebted  occasioned  by  a 
long  and  expensive  war  with  the  Indians,  and  are  endeavouring 
to  get  out  of  that  debt  as  fast  as  possible.  I  have  also  since  I 
have  been  here  visited  the  Forts  in  both  Provinces  and  have 
found  some  of  them  in  a  very  ill  state  of  defence,  and  shall  use  my 
best  endeavours  to  perswade  the  Governments  in  a  little  time  to 
put  them  in  a  better  posture.  As  to  the  Revenues  of  both 
Governments  and  how  they  do  arrise  your  Lordps.  may  see  in 
Mr.  Blaithwait's  Office  who  is  Auditor  General  of  the  Plantations, 
where  they  have  been  yearly  transmitted.  These  accompts 
before  they  are  sent  over  are  laid  before  the  whole  Council  and 
Assembly,  where  any  Member  has  liberty  to  peruse  the  same,  and 
are  afterwards  audited  by  a  Deputy  Auditor  appointed  by  the 
Auditor  General.  After  which  they  are  sent  to  his  Office  in 
England.  I  have  endeavoured  to  get  the  exact  numbers  of 
white  men  able  to  bear  arms  in  both  Provinces,  but  can't  as  yet 
get  them  compleated,  but  will  send  them  as  soon  as  they  are 
perfectly  finished.  Your  Lordps.  are  pleas 'd  to  enquire  what 
methodes  can  be  proposed  for  the  better  peopling  and  advancing 
the  intrest  of  these  Provinces.  According  to  the  best  observation 
I  have  been  able  to  make  in  the  little  time  I  have  been  here,  I  am 
of  opinion  that  if  40  shillings  pr.  head  shou'd  be  allowed  for  the 
encouragement  of  masters  of  ships  for  the  transportation  of 
persons  from  16  to  40  years  of  age  that  it  wou'd  be  of  great 
service  to  these  Provinces  :  labour  being  very  dear  by  reason  of 
the  scarsity  of  hands.  I  wou'd  also  beg  leave  to  observe  to  your 
Lordps.  that  the  import  of  these  Provinces  is  so  vastly  different 
from  the  export,  that  if  some  method  is  not  taken  to  assist  them 
that  instead  of  their  becoming  a  flourishing  country  they  will 
fall  into  decay  for  here  is  nothing  but  paper  money  stirring  and 
that  falling  every  day  in  it's  value.  I  shou'd  also  hope  that  if 
the  dutys  were  taken  off  our  lumber  it  wou'd  be  of  great  help  as 
will  also  the  incouragement  of  Naval  Stores,  which  I  will  use  my 
best  arguments  to  perswade  them  to  raise.  As  to  the  stores  of 
war  and  their  several  species,  they  are  once  a  year  sent  to  the 
board  of  Ordnance  as  is  usual  and  I  have  herewith  sent  duplicates 
as  your  Lordps.  desire.  Since  I  writ  last  I  have  been  in  the 
Squirrel  man  of  war  at  Arowsick  which  lyes  upon  the  River  of 
Kennebec  where  I  met  a  great  number  of  the  Eastern  Indians 
who  have  ratified  and  confirmed  all  former  Treatys  and  entred 
into  some  new  on's,  which  I  hope  will  tend  to  the  honr.  of  the 
King  my  Master  and  the  quiet  and  peace  of  these  Provinces  : 
What  passed  in  that  Interview  is  printing,  which  when  finished 
I  shall  transmit  to  your  Lordps.  The  eight  pirates  which  have 
been  so  long  in  prison  here  have  been  try'd  by  a  special  Court  of 
Admiralty,  and  six  of  them  were  found  guilty  of  piracy  etc. 
and  have  received  sentence  of  death  and  are  to  be  executed  on 


102  COLONIAL    PAPERS. 

1717. 

Wednesday  the  13th  currt.  I  am  very  glad  of  this  oppertunity 
to  assure  this  Honble.  Board,  that  I  will  constantly  send  an 
accompt  of  all  the  remarkable  affairs  that  shall  happen  in 
relation  to  these  Provinces  ;  as  also  to  return  your  Lordps.  my 
thanks  four  your  promising  to  support  and  assist  me  etc.  Signed, 
Samll.  Shute.  Endorsed,  Reed.,  21st  Jan.,  Read  24th  Feb., 
17}f.  3pp.  Enclosed, 

193.  i.  Account  of  stores  of  war  expended  at  Castle  William, 
Boston,     llth    Oct.,    1716-24th    June,     1717.      Same 
endorsement.     1  p. 
193.  ii.  Account  of  stores  of  war  at  Castle  William,  24th  June, 

1717.     Same  endorsement.     1  p. 

193.  iii.  Account  of  stores  of  war  in  New  Hampshire,  24th 
June,  1715-1716.  Same  endorsement.  2  pp.  [C.O.  5, 
866.  Nos.  137,  137  i.-iii.  ;  and  (without  enclosures) 
5,  915.  pp.  82-87.] 

Nov.  9.  194.  Governor  Hunter  to  Mr.  Pople.  I  have  had  the 
N.York,  pleasure  of  but  one  of  yours  of  a  long  while  etc.  Refers  the 
Board  to  Mr.  Philips  etc.  I  believe  their  Losps.  are  con  vine 'd  by 
this  time  of  taking  some  effectual  and  speedy  course  to  put  a 
stop  to  the  seditious  practices  of  Cox  and  his  Agents,  etc.,  or  they 
may  lay  their  account  with  hearing  of  confusion  in  that  poor 
countrey  soon  after  my  departure.  I  have  wrote  several  times 
for  Councellors  for  the  Jerseys,  there  are  two  more  lately  dead 
viz.  :  Elisha  Parker  and  John  Reading.  In  the  room  of  the 
former  I  beg  leave  to  recommend  his  son  John  Parker  a  very 
sober  honest  sensible  young  man  and  of  a  considerable  estate. 
In  the  room  of  ye  later  Peter  Fretwell  a  man  of  very  good  abilitys 
and  estate  though  a  sort  of  a  Quaker.  If  I  am  under  a  necessity 
of  holding  an  Assembly  in  ye  Jerseys  this  winter  I  must  make  use 
of  ye  power  given  me  by  my  patent  and  Instructions.  For  all 
ye  Councelors  now  alive  are  these  Lewis  Morris  living  in  York, 
Thomas  Gordon  aged  and  infirm,  John  Anderson,  Th.  Byerley 
in  York  and  paralitical,  John  Hamilton  Post  Mr.  Genii.  David 
Lyal  remov'd  to  York.  I  have  formerly  and  beg  again  to 
recommend  for  ye  Eastern  Division  John  Read,  John  Parker, 
Adam  Hudd,  for  ye  Western  Peter  Fretwell,  Joshua  Wells. 
The  Assembly  here  is  still  sitting  and  will  continue  so  at  least 
a  fortnight  being  taken  up  in  putting  a  finishing  hand  to  a  bill 
for  payment  of  the  remainder  of  publick  debts,  which  by  reason 
of  ye  absence  of  ye  claimants  then  under  age  or  other  causes  were 
omitted  in  ye  former,  I  hope  their  Losps.  will  receive  no  sugges- 
tions against  it  or  ill  impression  of  it  till  they  see't,  I  say  this 
because  angry  men  have  threatned  that  they'll  have  it  damn'd 
before  'tis  pass'd.  I'm  sure  I  shall  not  passe  it  if  I  do  not  think 
it  reasonable  and  just,  by  the  next  conveyance  you'll  have  all, 
Adieu  I  am  from  the  bottom  of  my  heart  Yours  Signed,  Ro. 
Hunter.  Endorsed,  Reed.  30th  Dec,,  1717,  Read  27th  Jan.,  17}  j. 
Holograph.  4  pp.  [C.O.  5,  971.  No.  66  ;  and  5,  995.  pp. 
423-425.] 


AMERICA     AND     WEST    INDIES.  103 

1717. 

Nov.  11.  195.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehall.  Methuen.  Our  Secretary  having  received  a  letter  from  Brigadier 
Hunter  relating  to  the  designs  of  Mr.  Cox,  etc.  to  blacken  his 
reputation  here,  we  send  you  a  copy  of  the  said  letter  and  of  one 
from  Mr.  Cox,  referred  to  in  it,  (v.  Nov.  16,  1716)  that  you  may 
see  what  indirect  measures  are  taken  to  make  H.M.  Governors 
uneasy  in  the  Plantations.  [(7.0.  5,  995.  pp.  332,  333.] 

[Nov.  11.]  196.  Sir  N.  Lawes  to  the  Council  of  Trade  and  Plantations. 
Jamaica  is  70  times  bigger  than  Barbados,  and  capable  to  enter- 
tain 20  times  more  inhabitants.  There  is  room  for  100,000 
families  more  than  are  now  upon  that  Island  who  may  produce 
in  planting  sugar,  indigo,  cotton,  logwood;  peimento  etc.  £1000 
a  year  one  with  another.  Planting  is  the  mother  of  trade,  and 
negros  the  support  of  planting.  Negroes  are  very  dear,  from 
£25  to  £40  pr.  head,  little  or  no  credit  will  be  given  to  new  settlers, 
without  wch.  the  country  can  never  increase  in  Planters,  tho'  the 
present  possessors  may  in  riches.  The  Assiento  carrys  all  the 
able,  stout  and  young  negros,  or  such  as  they  call  peic'd  India 
to  the  Spaniards  and  sell  none  to  the  Planters  but  old  sickly  and 
decrepid,  or  what  are  call'd  Refuse  ;  if  a  choice  negro  is  sold  to 
a  Planter,  he  might  give  as  much  or  more  than  the  Spaniard 
and  that  in  ready  mony.  The  produce  of  one  able  negro's 
labour  in  planting  is  not  less,  often  more  than  one  hhd.  of  sugar 
yearly  etc.  The  freight  for  one  hhd.  is  £2  10s.  Od.  Duty  to  the 
Crown  £3.  Commission  etc.  £1  10s.  Od.  Clear  of  all  charges  to 
the  importer,  £15.  The  Assiento  'tis  supposed  may  sell  such  a 
negro  to  the  Spaniard  for  £40  in  ps.  £  and  there  is  an  end  of  that 
profit  to  the  Nation  for  ever.  The  Assiento  is  in  the  Crown  of 
Spain,  and  the  South  Sea  Company  exclusive  of  all  others. 
The  Company  assign  great  advantages  (as  they  are  pleased  to 
say)  accruing  to  Jamaica  ;  by  ordering  their  ships  from  Guinea 
to  touch  at  the  port  of  Jamaica,  and  there  to  sell  such  negros  as 
are  not  proper  for  the  Spaniards,  clean  their  ships,  and  buy 
provisions,  and  refreshments  to  carry  them  to  the  Spanish  ports  ; 
this  favour  (they  say)  incourages  many  ships  to  come  from 
North  America  with  provision  to  Jamaica,  for  the  market  made 
there  by  the  Assiento.  This  number  of  ships  lowers  the  freight 
of  goods  from  Jamaica  to  England.  If  the  Government  will 
not  ease  them  of  the  tax  laid  upon  negroes  exported  they  resolve 
to  direct  their  ships  to  some  other  port  etc.  But  this  duty  of 
20s.  per  head  was  laid  by  the  Assembly  many  years  before  the 
South  Sea  Company  had  the  Assiento,  and  is  to  be  paid  by  all 
H.M.  subjects.  It  may  be  concluded  that  the  Company  orders 
their  ships  to  Jamaica  as  being  the  most  convenient  port.  They 
can  well  afford  to  pay  that  easie  duty,  which  is  not  half  so  much 
as  their  factors  gain  by  them.  But  if  they  cannot  afford  to  pay 
the  duty  out  of  the  profitts  of  the  Assiento,  then  it  may  be 
supposed  the  negroes  imployed  on  our  Plantations  are  of  greater 
advantage  to  this  Kingdome,  than  selling  them  to  the  Spaniard. 
Endorsed,  Reed,  llth,  Read  21st  Nov.,  1717;  2|  pp.  [C.O.  137, 
12.  No.  99  ;  and  138,  16.  pp.  12-18.] 


104  COLONIAL    PAPERS. 

1717. 

Nov.  12.  197.  Copy  of  two  clauses  of  an  Act  of  Pensilvania  of  1711 
for  raising  £2000  for  the  Queen's  use,  and  of  a  Minute  of  Council, 
Philadelphia,  12th  Nov.,  1717,  directing  the  said  £2000  to  be 
paid  to  Lt.  Governor  William  Keith.  1  p.  [C.O.  5,  1233.  No. 
58.] 

Nov.  12.  198.  Jacob  Wachter  to  Mr.  Popple.  Mrs.  Lowe  answers 
that  tis  impossible  for  her  to  attend  the  board  to-morrow,  she 
having  lost  her  place  in  ye  Gloucester  Coach  etc.  Signed,  Jacob 
Wachter.  Endorsed,  Reed.  12th  Nov.,  1717.  Addressed.  1  p. 
[C.O.  5,  866.  No.  127.] 

Nov.  13.  199.  Mr.  Popple  to  Mr.  Attorney  General.  Encloses  three 
Whitehall.  Acts  of  New  York  for  his  opinion  in  point  of  law  as  soon  as 
conveniently  he  can  : — (i)  for  levying  several  duties,  June,  1714  ; 
(ii)  for  granting  a  supply  to  H.M.  for  supporting  his  government 
of  New  York,  and  for  striking  bills  of  credit  for  that  purpose, 
July,  1715  ;  and  to  oblige  all  vessels  trading  into  this  Colony  except 
such  as  are  therein  excepted  to  pay  a  certain  duty  etc.  Concludes  : — 
The  first  of  'em  is  expired  and  is  only  sent  you  because  the  other 
two  refer  to  it  etc.  Their  Lordships  being  now  about  to  print 
the  New  York  Acts,  cannot  go  on  with  them  till  they  know  your 
opinion.  [C.O.  5,  1123.  p.  457.] 

Nov.  13.  200.  Agents  for  the  Leeward  Islands  to  the  Council  of 
Trade  and  Plantations.  Refer  to  previous  correspondence  relating 
to  stores  of  war  for  the  Leeward  Islands,  June,  1716  etc.  Continue  : 
Nothing  further  has  been  done  in  this  matter.  By  the  freshest 
and  repeated  advices  from  those  parts,  it  appears  that  the 
present  state  of  those  Islands  makes  the  supply  of  those  stores 
still  more  and  more  necessary  for  their  defence.  The  4J  p.c. 
was  given  by  these  Islands  for  erecting  and  repairing  fortifications 
and  providing  them  with  other  necessary's  for  their  defence. 
The  said  revenue  has  for  some  time  been  applyed  to  the  Civil 
List.  This  lays  the  said  Islands  under  the  necessity  of  applying 
to  the  Crown.  Pray  their  Lordships  to  represent  the  matter  to 
H.M.,  that  the  Islands  may  be  supplyed  according  to  the  demands 
of  the  Governour  with  all  possible  dispatch.  Signed,  Jos.  Jory, 
Ste.  Duport,  Will.  Nivine.  Endorsed,  Reed.,  Read  13th  Nov., 
1717.  1  p.  [C.O.  152,  12.  No.  51  ;  and  153,  13.  pp.  158-160.] 

Nov.  14.        201.     Mr.  Attorney  and  Mr.  Solicitor  General  to  the  Council 
of  Trade  and  Plantations.     Reply  to  Nov.  7.     We  are  of  opinion 

(1)  that  the  Proclamation  does  not  contain  a  pardon  of  pyracy 
but  only  H.M.  gracious  promise  to  grant  pyrates  such  pardon  on 
the  terms  mentioned,  on  which  every  subject  may  safely  rely. 
But  that  it  will  be  reasonable  for  H.M.  to  give  Instructions  to  his 
Governors  in  America  to  grant  the  persons  surrendring  them- 
selves according  to  the  terms  of  such  proclamation  H.M.  most 
gratious  pardon  for  pyracies  and  robberies  on  the  High  Seas. 

(2)  That  where  the  murther  is  comitted  in  the  pyracy,  it  was  H.M. 
intention  to  pardon  the  murther  so  committed,  and  therefore  it 


AMERICA    AND     WEST    INDIES. 


1717. 


Nov.  14. 

Whitehall. 


Nov.  14. 

St.  James's. 


Nov.  14. 

Treary. 
Chambers. 


Nov.  15. 

Whitehall. 


may  be  reasonable  in  the  Instructions  to  H.M.  (Governors  to 
direct  them  to  insert  in  the  pardons  by  them  to  be  passed  of  the 
piracies  and  robberies  committed  on  the  High  Seas  a  pardon  of 
all  murthers  committed  in  the  same.  (3)  That  as  to  the  proper 
goods  of  the  py rates,  they  being  pardoned,  the  same  will  not  be 
forfeited,  but  they  may  retain  them  to  their  own  use.  But  as 
to  the  goods  of  other  persons  which  they  have  taken  unlawfully 
from  them,  the  property  thereof  by  such  taking  is  not  altered, 
but  the  owners,  notwithstanding  any  pardon,  may  retake  them, 
or  they  may  recover  the  same  by  an  action  to  be  brought  agt. 
the  robbers  for  the  same.  (4)  That  there  is  no  notice  of  any  ex- 
ception in  the  proclamation,  and  H.M.  has  been  pleased  to  give 
his  Roy  all  promise,  which  he  will  never  break,  to  pardon  pirates 
surrendring  themselves  all  pyracies  committed  or  to  be  committed 
before  the  said  fifth  day  of  January,  and  for  preventing  the 
mischeifs  hinted  at  in  this  query  H.M.  Officers  are  to  be  diligent 
in  apprehending  all  pyrates,  for  H.M.  has  not  been  pleased  to 
promise  pardon  to  any  pyrates  but  such  as  surrender  voluntarily 
according  to  the  terms  of  the  proclamation.  Signed,  Edw. 
Northey,  Wm.  Thomson.  Endorsed,  Reed.  15th,  Read  16th 
Nov.,  1717.  2^  pp.  Enclosed, 

201.  i.  Copy  of  queries,  Nos.  187  i-iv.    1  p.     [C.O.  323,  7.    Nos. 

114,  114  i.  ;  and  (without  enclosure)  324,  10.  pp.  148- 
150.] 

202.  Mr.  Popple  to  Mr.  Lowndes,  Secretary  to  the  Lords 
of  the  Treasury.     Encloses  copies  of  correspondence  relating  to 
stores  of  war  for  the  Leeward  Islands,  22nd  June  and  14th  Dec., 
1716,  and  22nd  Feb.,  and  13th  Nov.,  1717.     Whereby  the  Lords 
Commissioners    of   the    Treasury    will   see   the   necessity   their 
Lordps.  of  Trade  apprehend  there  is  for  supplying  those  Islands 
etc.     [C.O.  152,  12.     pp.  161,  162.] 

203.  Order  of  King  in  Council.     Referring  following  to  the 
Council   of   Trade   and   Plantations   for   their   report.     Signed, 
Robert  Hales.     Endorsed,  Reed.   19th,  Read  20th  Nov.,   1717. 
1  p.    Enclosed, 

203.  i.  Petition  of  Christopher  Stoddard  to  the  Kinjg.  Prays 

to  be  reinstated  in  his  plantation  in  St.  Christophers 
as  Aug.  15,  q.v.  Copy.  2£  pp.  [C.O.  152,  12.  Nos. 
56,  56  i.  ;  and  153,  13.  pp.  174-179.] 

204.  Charles  Stanhope  to  Mr.  Popple.     The  Lords  Commrs. 
of  the  Treasury  desire  an  explanation  of  the   13th  condition 
proposed  for  the  sale  of  lands  in  St.  Christophers  (v.  16th  Oct.). 
Signed,  C.  Stanhope.     Endorsed,  Reed.,  Read  15th  Nov.,  1717. 
Addressed.     1  p.     [C.O.  152,  12.     No.  52  ;  and  153,  13.    p.  161.] 

205.  Mr.  Popple  to  Mr.  Stanhope,  Secy,  to  the  Lords  of  the 
Treasury.     Reply  to  preceding.     The  intention  of  the  Council 
of  Trade  and  Plantations  in  the  said  Article  and  the  preceding 
one,  was  to  give  incouragement  to  any  person  that  might  be  dis- 


106 


COLONIAL    PAPERS. 


1717. 


Nov.  15. 

South  Sea 
House. 


Nov.  15. 

London. 


posed  to  become  a  general  purchaser  of  all  the  said  lands,  wherein 
their  Lordships  had  a  more  especial  regard  to  a  certain  proposal 
for  that  purpose,  laid  before  them  by  one  Mr.  Mills  since  deceased, 
and  by  them  transmitted  to  the  Lords  of  the  Treasury,  wherein 
he  did  offer  to  retale  the  said  lands  again  upon  an  average  for 
the  same  price  by  him  paid  to  the  publick,  reserving  only  to  him- 
self a  profit  upon  the  retale  of  each  acre  in  consideration  of  his 
charge  and  trouble.  And  as  their  Lordships  did  conceive  this 
part  of  Mr.  Mills's  proposal  to  have  been  very  just,  and  reasonable, 
they  did  in  great  measure  copy  after  it,  with  this  difference  only, 
that  whereas  the  said  Mills  did  fix  a  certain  profit  for  himself 
upon  each  acre  retaled,  the  Lords  Commissioners  of  Trade 
thought  it  more  proper  to  leave  that  profit  to  be  determined  by 
the  Lords  of  the  Treasury,  when  they  should  treat  upon  this 
subject,  with  any  general  purchaser.  [(7.0.  153,  13.  pp.  162- 
164.] 

206.     Daniel  Wescomb  to  Mr.  Popple.     Reply  to  Nov.   6th. 
(i.)  Encloses  following,     (ii.)  Refers  to  petition  of  the  South  Sea 
Company,  shewing  the  advantages  derived  by  Jamaica  from  their 
ships  touching  there  etc.     Concludes  :  Besides  which  the  Company 
conceive  it  to  be  contrary  to  the  practice  of  all  Nations,  where 
goods  are  imported  duty  free  to  burthen  'em  upon  their  re- 
exportation, and  they  can't  but  deem  this  duty  to  be  an  infringe- 
ment upon  the  Assiento  contract,  in  which  H.M.  and  the  King 
of  Spain  are  parties  ;  that  after  a  contract  has  been  entred  into 
for  30  years,  that  Trade  shou'd  be  burthen'd  with  new  duties, 
and  may  occasion  a  misunderstanding  with  the  King  of  Spain, 
and    be    of    ill    consequence,    etc.     Signed,    Daniel    Wescomb. 
Endorsed,  Reed.  15th,  Read  21st  Nov.,  1717.     1  \  pp.     Enclosed, 
206.  i.  Extracts   of  letters  from   Messrs.   Thompson,  Pratter 
and  Haselwood,  Agents  of  the  South  Sea  Company  at 
Jamaica,  to  the  Court  of  Directors,  Feb.-Aug.   1717. 
Complain   of  the    levying    of  the  tax  on  re-exported 
negroes,  and  fear  the  Assembly  will  lay  a  higher  one, 
thinking  it  an  easy  way  of  raising  money.     The  only 
way  to  prevent  them  imposing  what  duties  they  please 
on  the  Company  will  be  an  Act  of  Parliament  or  H.M. 
Instruction  to  the  Govr.  that  no  Act  wherein  their 
interest  is  concerned  shall  be  in  force  till  his  Royal 
pleasure  be  known.     3  pp. 

206.  ii.  Account  of  negroes  sent  to  the  Spanish  West  Indies 

on  account  of  the  Assiento  from  Jamaica,  8th  Oct., 
1716.  Totals'. — Bought  in  Jamaica  349.  Re-exported, 
1248.  If  pp.  [(7.0.  137,  12.  Nos.  100,  100  i.,  ii.  ; 
and  (without  enclosures)  138,  16.  pp.  18-21.] 

207.  Col.  Blakiston  to  Mr.  Popple.     Prays  for  a  copy  of 
the  Council  of  Virginia's  complaint  as  to  the  Court  of  Oyer  and 
Terminer  etc.  (v.  May  4th),  that  it  may  be  transmitted  to  Lt. 
Governor  Spotswood  to  answer,   "  besides  my  Lord  Orkny  is 
desirous  to  know  what  allegations  ye  Councill  have  urged  against 


AMERICA    AND    WEST    INDIES. 


107 


1717. 

it"  etc.  Signed,  N.  Blakiston.  Endorsed,  Reed.,  Read  15th 
Nov.,  1717.  Addressed.  Holograph.  1  p.  [C.O.  5,  1318.  No. 
31.] 

[Nov.  16.]  208.  Mr.  Byrd  to  the  Council  of  Trade  and  Plantations. 
Further  arguments  in  support  of  Oct.  16.  Signed,  W.  Byrd. 
Endorsed,  Reed.,  Read  16th  Nov.,  1717.  1  p.  [C.O.  5,  1318. 
No.  32.] 

[Nov.  16.]  209.  A  scheme  setting  forth  how  the  Council  of  Virginia 
stand  related  to  one  another.  Phillip  Ludwell  married  a  sister 
of  Nathaniel  Harrison,  and  James  Blair  a  sister  of  Harrison  now 
dead.  William  Byrd  ra.  Mr.  Ludwell's  niece  now  dead.  William 
Basset  ra.  Ludwell's  half-niece,  Edmund  Berkley  Ludwell's 
half -niece  now  dead.  The  remaining  six  Councillors  not  related 
to  any  of  the  Council.  Endorsed,  Reed,  (from  Mr.  Byrd),  Read 
16th  Nov.,  1717.  f  p.  [C.O.  5,  1318.  No.  33.] 

[Nov.  18.]  210.  Joseph  Micklethwaite,  Thomas  Reynolds  and  Anthony 
Cracherode  to  the  Council  of  Trade  and  Plantations.  H.M. 
having  been  graciously  pleased  to  constitute  petitioners  Secretary, 
Provost  Martial  and  Registrar  in  Chancery  of  Barbados  by  three 
several  patents,  they  desire  the  repeal  of  some  old  laws  of  the 
Island  relating  to  their  offices.  By  the  said  laws  they  are  liable 
to  forfeit  their  offices,  be  grievously  fined  and  imprisoned  without 
bail  or  mainprize,  and  declared  uncapable  of  ever  serving  again 
in  any  office,  and  the  King's  Patent  sett  aside,  without  a  fair 
tryal  thereupon  to  be  had  in  any  Court  of  Judicature  ;  and  all 
this  upon  the  oath  of  one  single  witness,  before  one  J.P.,  that 
any  of  their  clerks  or  servants  have  taken  a  larger  fee  on  any 
account  whatsoever,  than  is  expressed  in  the  said  Acts,  and  for 
the  encouragement  of  any  person  to  informe  against  them,  he 
is  to  receive  one  half  of  the  fine  which  goes  as  farr  as  10,000  Ib. 
of  sugar.  These  laws  are  not  agreeable  to  the  Instruction  to 
Governors  that  the  laws  to  be  passed  there  are  to  be  as  conform- 
able as  possible  to  the  Laws  of  England  etc.  The  fees  now  taken 
by  their  deputies  are  reasonable  and  much  smaller  than  the  fees 
of  Jamaica  confirmed  by  a  law  of  1711,  and  they  have  no  salaries, 
etc.  Signed,  Jo.  Micklethwaite,  Tho.  Reynolds,  A.  Cracherode. 
Endorsed,  Reed.,  Read  18th  Nov.,  1717.  If  pp.  [C.O.  28,  15. 
No.  23  ;  and  29,  13.  pp.  426-428.] 

Nov.  18.  211.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehal.  Addison.  Enclose  the  Attorney  and  Solicitor  General's  report 
(Nov.  14)  relating  to  the  Proclamation  for  suppressing  of  pirates, 
and  desire  H.M.  pleasure  concerning  the  Instructions  which 
Mr.  Attorney  and  Mr.  Sollicitor  are  of  opinion,  may  be  reasonable 
for  H.M.  to  give  to  his  several  Governors  in  America  upon  this 
occasion.  [C.O.  324,  10.  p.  151.] 

Nov.  18.        212.     Mr.    Popple   to   Governor   Lowther.     The   Council   of 
Whitehall.     Trade  and  Plantations  having  received  from  Barbado's  an  Act 


108 


COLONIAL 


1717. 


Nov.  19. 

Whitehall. 


Nov.  19. 

Whitehall. 


Nov.  19. 

Whitehall. 


to  confirm  and  make  more  effectual  certain  deeds  etc.  between 
H.E.  Robert  Lowther  and  the  Right  Honble.  Cath.  Viscountess 
Lonsdale  and  James  Lowther  etc.,  past  the  16th  of  March  last, 
they  acquaint  you  therewith,  to  know  if  you  have  anything  to 
offer  for  or  against  the  said  Act.  [C.O.  29,  13.  p.  436.] 

213.  Same    to    Mr.     Attorney    General.     Encloses    papers 
relating  to  the  dispute  between  the  Governor  and  Council  of 
Virginia  concerning  the  power  of  naming  Judges  in  Commissions 
of  Oyer  and  Terminer.     (v.  Aug.  29).     Continues  :     The  Council 
of  Trade  and  Plantations  desire  your  opinion  upon  the  Queries 
inclos'd.     (i.)  Whether  the  power  granted  by  H.M.  Commission 
to   his    Governour   for    appointing    Commissions    of    Oyer   and 
Terminer  in  cases  of  life  and  limb,  be  contrary  to  the  Charter  or 
Laws  of  Virginia  ?     (ii.)  Whether  by  the  said  Charter  or  Laws 
the  King  is  precluded  from  impowering  any  other  persons  to  be 
Judges  in  said  Commissions  in  conjunction  with  the  Members 
of  H.M.  Council  there  for  the  time  being  ?     (iii.)  Whether  H.M. 
may    by    Commission    appoint    Judges    in    like    cases    entirely 
exclusive  of  the  Council  ?     [C.O.  5,  1365.    pp.  16-18.] 

214.  Same  to   Mr.   Stanhope.     Since    16th   Oct.    (q.v.),   the 
Council  of  Trade  and  Plantations  have  received  another  letter 
from  Genl.  Hamilton  of  the  26th  Aug.  (extract  enclosed),  whereby 
it  appears  that  the  poor  inhabitants  are  actually  gone  from 
Anguilla  to  settle  on  Crab  Island  ;  And  that  General  Hamilton 
apprehends  the  poor  inhabitants  in  other  Islands  may  be  induced 
to  do  the  same.     I  am  commanded  to  desire  you  will  lay  the 
matter  before  my  Lords  of  the  Treasury,  to  know  of  their  Lord- 
ships, what  hopes  Genl.  Hamilton  may  give  to  these  people, 
that  care  will  be  taken  of  them  whenever  the  French  part  of 
St.  Christophers  is  disposed  of.     The  Lords  Commissioners  of 
Trade  think  it  is  of  great  consequence  to  hinder,  as  much  as 
possible,  these  people  from  dispersing  themselves  in  different 
small  settlements,  or  removing  as  it  is  to  be  feared  they  may  at 
last  do,  to  some  foreign  Plantations,  if  H.M.  Governors  are  not 
impowered  to  give,  or  promise  them  some  encouragement  in 
our  own  Plantations.     [C.O.  152,  12.     pp.  171,  172.] 

215.  Council  of  Trade   and   Plantations   to  Mr.   Secretary 
Addison.     Enclose  extract  of  Governor  Lowther' s  letter  of  20th  July. 
Whereupon  we  must  observe  that  the  Act  for  trying  of  pirates 
which  Mr.  Lowther  supposes  to  be  expired  is  revived  and  is 
still  in  force,  and  that  we  did  report  to  H.M.  the  18th  of  Sept. 
last  our  opinion  of  the  necessity  of  renewing  such  Commissions  ; 
We  are  still  of  opinion  that  it  will  be  for  H.M.  service  that  the 
said  Commissions  be  renewed,  and  that  as  soon  as  possible.     As 
to  that  part  of  Mr.  Lowther's  letter  relating  to  a  power  of  impres- 
sing seamen  etc.,  we  must  submit  to  H.M.  great  wisdom  how  far 
an  alteration  in  that    Law  may  be  adviseable,  so  as  to  lodge 
such  a  power  in  the  several.  Governors  of  the  Plantations  in 
conjunction    with   their   respective    Councils.     We    would   also 
acquaint  you  that  we  have  lately  received  from  Mr.  Heywood 


AMERICA    AND    WEST    INDIES. 


109 


1717. 


Nov.  19. 

Whitehall. 


Nov.  20. 

[Whitehall.] 


Nov.  21. 

St.   Jnmos's. 


Nov.  21. 

Whitelml. 


Nov.  21. 

Whitehall. 


Commander  in  Chief  of  Jamaica  the  same  account  relating  to 
the  capture  of  a  Virginia  ship  commanded  by  Peter  Beverly 
by  a  Spanish  man  of  war  as  we  had  from  Col.  Spotswood  which 
we  transmitted  to  you  6th  of  Aug.  last.  [(7.0.  29,  13.  pp.  436- 

438.] 

216.  Mr.  Popple  to  Sir  Edward  Northey.     The  Council  of 
Trade  and  Plantations  desire  your  opinion  in  point  of  law,  as 
soon  as  conveniently  may  be,  upon  the  enclosed  Act  of  Barbado's 
passed  16th  March  17ff,  intituled  an  additional  Act  to  the  Act 
to  ascertain  the  payment  of  bills  issued  pursuant  to  the  Act  to  supply 
the  want  of  cash,  etc.     [C.O.  29,  13.     pp.  438,  439.] 

217.  Mr.  Popple  to  John  Marsh.     Returns  petition  of  the 
Churchwardens  and  Vestry  of  St.   Philips  in  Antegoa,  which 
being  to  H.M.,  the  Council  of  Trade  think  they  cannot  properly 
take  notice  of  it  till  it  has  been  presented  to  H.M.  and  his  pleasure 
signifyed  to  them  upon  it.     [C.O.  153,  13.    pp.  179,  180.] 

218.  Mr.   Secretary  Addison  to  the  Council  of  Trade  and 
Plantations.     Refers  following  for  their  opinion  what  H.M.  may 
fitly   do  therin.     Signed,   J.   Addison.     Endorsed,   Reed.    22nd, 
Read  25th  Nov.,  1717.     J  p.     Enclosed, 

218.  i.  Petition  of  William  Cockburn  to  the  King.  On  9th 
March  1716,  petitioner  was  appointed  Secretary  of 
Jamaica,  and  dismissed  by  Mr.  Hey  wood  6th  Aug., 
1717.  Petitioner  was  appointed  to  receive  half  the 
profits,  and  for  the  other  half  to  be  accomptable  to  the 
Patentee.  But  Mr.  Beckford,  Attorney  to  the  Patentee, 
claimed  the  whole  profits,  £595  3s.  10d,,  as  due  to 
Samuel  Page,  Deputy  to  the  Patentee,  notwithstanding 
Page  had  deserted  that  office  without  the  privity  of  the 
Governour  before  petitioner  was  appointed.  Petitioner 
was  obliged  to  come  to  England  with  Lord  A.  Hamilton, 
and  learns  that  Governour  Heywood  has  given  a  decree 
in  Chancery  against  him  for  £641  5s.  8d.  and  £31  7s.  6d. 
costs,  which  his  Attorneys  have  paid  to  Mr.  Page, 
i.e.  £115  9s.  7jd.  more  than  he  ever  received.  By  a 
General  Instruction,  Governours  are  restrain'd  from 
allowing  of  appealls  under  the  value  of  £500  sterl., 
whereby  petitioner  is  entirely  left  without  any  relief 
in  this  unparallel'd  case,  unless  your  Majesty  shall  be 
graciously  pleas 'd  to  give  directions  for  the  rehearing 
of  petitioner's  cause  etc.  Prays  for  relief.  2  pp.  [C.O. 

».  2f-26.] 


137,   12.     Nos.   101,   101  i.  ;  and  138,^6.     pp. 


219.  Council  of  Trade  and  Plantations  to  the  King.     Re- 
commend John  Parker,  Peter  Fretwell  and  John  Wells  for  the 
Council  of  New  Jersey,  etc.     [C.O.  5,  995.     p.  340.] 

220.  Council   of   Trade   and   Plantations   to   Mr.   Secretary 
Addison,     We  have  prepar'd  the  draughts  of  a  Commission  and 


110  COLONIAL    PAPERS. 

1717. 

Instructions  for  Capt.  Woodes  Rogers  to  be  H.M.  Governor  of 
the  Bahama  Islands  (v.  Sept.  3),  which  we  hope  will  be  sufficient 
till  upon  the  informations  that  shall  be  receiv'd  from  him  after 
his  arrival  there,  of  the  true  state  and  condition  of  those  Islands 
H.M.  shall  be  pleas'd  to  establish  a  civil  Government  there, 
which  will  require  a  more  ample  Commission  and  Instructions. 
We  have  receiv'd  pursuant  to  H.M.  directions  signified  to  us  by 
your  letter  of  23rd  Oct.  last  a  surrender  from  four  of  the  Pro- 
prietors of  the  Bahama  Islands  to  H.M.  of  their  right  to  the 
Government  there,  and  shall  take  care  to  send  the  same  to  Mr. 
Attorney  General  to  be  enroll'd  in  Chancery  according  to  H.M. 
Orders  ;  But  whereas  there  are  six  Proprietors  of  the  said  Islands 
and  only  four  of  them  have  sign'd  to  the  said  surrender  We  have 
sent  to  Mr.  Attorney  General  for  his  opinion  how  far  the  same 
may  be  valid  and  effectual  in  Law  to  conclude  the  persons  that 
have  not  signed.  Annexed, 

220.  i.  H.M.  Commission  to  Woodes  Rogers  to  be  Governor 
of  the  Bahama  Islands.  Whereas  by  reason  of  the 
great  neglect  of  the  Proprietors  of  the  Bahama  Islands 
the  Government  of  the  said  Islands  is  fallen  into  great 
disorder  and  confusion,  by  means  whereof  not  only  the 
publick  peace  has  been  disturbed  and  the  adminis- 
tration of  Justice  (whereby  the  proprieties  of  Our 
subjects  should  have  been  preserv'd  there)  entirely 
stopp'd  but  there  has  also  been  an  utter  want  of  pro- 
visions for  the  guard  and  defence  of  the  said  Islands 
against  an  enemy,  insomuch  that  most  of  the  inhabitants 
are  fled  from  the  same,  whereby  the  said  Islands  are 
expos'd  to  be  plunder'd  and  ravaged  by  pirates  and 
others,  and  in  danger  of  being  lost  from  Our  Crown  of 
Great  Britain ;  And  whereas  the  Proprietors  being 
sensible  that  the  said  Islands  and  Our  good  subjects 
the  inhabitants  thereof,  cannot  be  defended  and 
secur'd  by  any  other  means  than  by  Our  taking  the 
Government  of  the  same  under  Our  Royal  Protection 
and  immediate  care,  have  executed  and  made  a  formal 
and  entire  surrender  of  their  right  or  pretended  right 
and  title  to  the  Government  thereof  unto  us  ;  Now 
know  ye  that  We,  etc.  by  these  presents  do  constitute 
and  appoint  you  Woodes  Rogers  to  be  Our  Captain 
General  and  Governor  in  Chief  in  and  over  our  said 
Islands,  and  of  the  Garrison  we  shall  send  thither, 
etc.  And  for  the  better  administration  of  Justice 
and  management  of  the  publick  affairs  of  our  said 
Islands,  We  hereby  give  and  grant  unto  you  full  power 
and  authority  to  choose  nominate  and  appoint  such 
fitting  and  discreet  persons  as  you  shall  either  find  there 
or  carry  along  with  you  not  exceeding  the  number  of 
twelve  to  be  of  our  Council  in  our  said  Islands  till  Our 
further  pleasure  be  known,  any  five  whereof  we  do 
hereby  appoint  to  be  a  Quorum.  Which  being  done 
you  shall  yourself  take  and  administer  unto  each  of 


AMERICA    AND    WEST    INDIES.  Ill 

1717. 

the  Members  of  Our  said  Council  as  well  the  oaths 
appointed  to  be  taken  instead  of  the  oaths  of  Allegiance 
and  Supremacy,  and  the  oath  mention'd  in  the  Act 
to  secure  H.M.  person  and  the  Protestant  succession,  as 
also  to  make  and  subscribe,  and  cause  them  to  make 
and  subscribe  the  Declaration  mention'd  in  the  Act 
for  preventing  dangers  which  may  happen  from  Popish 
Recusants.  And  you  and  every  one  of  them  are  to 
take  an  oath  for  the  due  execution  of  your  and  their 
places  and  trusts,  etc.,  and  likewise  the  oath  requir'd 
to  be  taken  by  all  Governors  of  Plantations  to  do  their 
utmost,  that  the  Laws  relating  to  the  Plantations  be 
observ'd  ;  all  which  oaths  We  do  hereby  impower  any 
five  of  our  said  Council  to  administer  to  you.  And  we 
do  hereby  give  and  grant  unto  you  full  power  and 
authority  to  levy  arm  muster  command  and  employ 
all  persons  whatsoever  residing  under  your  Government, 
and  to  execute  martial  Law  in  time  of  invasion,  insur- 
rection or  war,  etc.  And  to  the  end  that  the  industry 
of  our  good  people  and  their  posterity  may  have  all 
good  and  possible  encouragement,  We  do  by  these 
presents  give  and  grant  unto  you  the  said  Woodes 
Rogers,  with  the  advice  of  the  said  Council  or  any  five 
of  them  power  and  authority  to  give  one  or  more 
Commission  or  Commissions  unto  one  or  more  of  our 
subjects  addressing  themselves  unto  you  for  the  finding 
out  of  what  trades  shall  be  most  necessary  to  be  under- 
taken for  the  good  and  advantage  of  the  inhabitants 
of  the  said  Islands  ;  And  W'e  do  hereby  further  give 
full  power  and  authority  to  you  the  said  Woodes  Rogers 
to  do  execute  and  perform  all  and  every  such  further 
act  and  acts  as  shall  or  may  tend  or  conduce  to  the 
security  of  our  said  Islands  and  the  good  people  thereof, 
and  to  the  honour  of  our  Crown  ;  And  We  do  hereby 
further  give  unto  you  or  any  five  or  more  of  the  Council 
power  to  administer  the  oaths  etc.  And  Our  further 
will  and  pleasure  is,  and  we  do  by  these  presents  will 
require  and  command  the  several  officers,  Ministers 
and  other  the  soldiers  and  people  in  the  said  Islands, 
that  they  in  their  several  places  be  obedient,  aiding 
helping  and  assisting  unto  you,  etc.  Given  at  Our 
Court  at  St.  James's  the  16th  day  of  January,  17J|. 
Countersigned,  J.  Addison. 

220.  ii.  H.M.  Instructions  to  Governor  Woodes  Rogers.  You 
are  to  publish  your  commission,  appoint  Councillors 
and  send  us  their  names  etc.  To  transmit  the  names 
of  12  persons  best  qualified  for  that  trust  etc.,  and  by 
the  first  opportunity  and  afterwards  as  often  as  may  be 
a  true  state  of  the  said  Islands,  particularly  with  respect 
to  the  numbers  and  qualifications  of  the  people  that 
either  are  or  shall  resort  thither,  what  number  it  may 
be  proper  to  constitute  the  Assembly  of  ;  what  persons 


H2  COLONIAL    PAPERS. 

1717. 

are  proper  and  fit  to  be  judges  Justices  and  Sherriffs  ; 
and  any  other  matter  or  thing  that  may  be  of  use  to  us 
in  the  establishing  a  civil  Governmt.  as  aforesaid. 
In  the  meanwhile  till  We  shall  have  establish 'd  such 
a  Government  you  will  receive  herewith  a  copy  of  the 
several  Instructions  by  Us  given  to  Our  Governor  of 
Jamaica  [i.e.  Sir  Nic.  Lawes,  Ed.],  which  are  to  be  as 
a  rule  to  you  as  near  as  the  circumstance  of  the  place 
will  admit,  in  such  things  as  they  can  be  applicable  to, 
till  Our  further  pleasure  be  known  ;  But  you  are  not 
to  take  upon  you  to  enact  any  laws  till  We  shall  have 
appointed  an  Assembly  and  given  you  directions  for 
your  further  proceedings  therein  ;  neither  are  you  to 
suspend  any  of  the  members  of  Our  said  Council  without 
good  and  sufficient  cause  which  you  are  to  signify  to 
Us  and  to  Our  Commissrs.  for  Trade  and  Plantations 
etc.  [0.0.  24,  1.  pp.  2-12.] 

Nov.  21.  221.  Mr.  Popple  to  Mr.  Attorney  General.  Four  of  the 
Whitehall.  Lords  Proprietors  of  the  Bahama  Islands  have  executed  a  deed 
of  surrender  of  their  right  of  Government  to  H.M.;  but  two 
being  minors  have  not  sign'd.  The  Council  of  Trade  and 
Plantations  desire  your  opinion  whether  such  a  surrender 
without  the  hands  of  all  be  valid  and  effectual.  [0.0.  24,  1. 
p.  13.] 

Nov.  22.        222.     Mr.  Secretary  Addison  to  the  Council  of  Trade  and 
St.  James's.   Plantations.     Refers  following  for  their  report  thereon.     Signed, 
J.  Addison.     Endorsed,  Reed.  28th  Nov.,  Read  1st  Dec.,  1717. 
J  p.     Overleaf, 

222.  i.  Petition  of  John  Plowman  of  London,  Fishmonger, 
and  Robert  Shard  of  London,  merchant,  to  the  King. 
There  are  great  quantitys  of  sturgeon  imported  from 
Sweden.  There  are  great  quantitys  to  be  found  in 
America  equally  as  good  but  for  want  of  knowing  the 
art  of  curing  them  they  have  been  of  no  advantage  to 
your  Majesty's  subjects.  Petitioners  have  with  great 
labour  and  expence  found  out  and  acquired  the  art  of 
preserving  them  and  have  already  experimented  it 
having  imported  some  taken  and  cured  by  their  agents 
in  America,  etc.  Pray  for  patent  for  the  sole  use  and 
benefit  of  taking  cureing  preserving  and  vending  such 
sturgeon  etc.  Signed,  John  Plowman,  Robt.  Shard. 
1  p.  [C.O.  323,  7.  Nos.  115,  115  i.  ;  and  324,  10. 
pp.  152-155.] 

Nov.  22.        223.     Governor    Hunter   to    Mr.    Popple.     Abstract.     All    is 

N.  York,     well  in  both  Provinces  and  a  perfect  harmony  reigning  amongst 

all  partys,  which  only  meets  with  small  shocks  and  jarrs  from  the 

worthy  plaintiffs  on  your  side  who  continue  to  write  the  most 

notorious  falshoods  relateing  to  me  etc.     That  poor  troublesome 


AMERICA    AND    WEST    INDIES. 


113 


1717. 


old  man,  whose  memorial  is  now  referred  to  the  Board  etc., 
has  sent  over  of  late  some  blank  petitions  which  his  few 
friends  carry  round  the  county  for  subscriptions  etc.  Acknow- 
ledges his  indebtedness  to  the  Board,  "  even  in  bad  times  my 
most  just  masters  and  worthy  patrons,"  and  to  Mr.  Popple 
etc.  Set  out,  N.  Y.  Col.  Docs.  V.  493.  Signed,  Ro.  Hunter. 
Endorsed,  Reed.  7th,  Read  27th  Jan.,  17JJ.  Holograph.  4  pp. 
[C.O.  5,  1051.  No.  43  ;  and  5,  1123.  pp.  492-494.] 

Nov.  23.        224.     Bryan   Wheelock   to   the    Principal   Officers   of   H.M. 

Whitehall.  Board  of  Works.  Applies  for  repair  of  "  ojie  of  the  closets  in 
the  office  in  the  cockpit,"  which  "  being  very  much  out  of  repair 
the  books  and  papers  "  of  the  Office  "  are  thereby  greatly 
damaged."  [C.O.  389,  37.  p.  133.] 


Nov.  25. 


Nov.  25. 

Whitehall. 


225.  Francis  March  to  the  Council  of  Trade  and  Plantations. 
Repeats  request  for  copy  of  Ld.  A.   Hamilton's  order  by  his 
Secretary  William  Cockburn  to  Francis  Fernando  to  pay  to 
Thomas  Bendish  one  third  part  of  the  effects  etc.  taken  from  on 
board  the  Spannish  sloop  by  Fernando,  which  order  is  entered  in 
the  Council  Minutes  8th  June,   1716,  and  is  referd  to  in  the 
Articles  exhibited  by  the   Governor  and  Council  against  Ld. 
Archibald  etc.     Signed,  Francis  March.     Endorsed,  Reed.,  Read 
27th  Nov.,  1717.     1  p.     [C.O.  137,  12.     No.  102  ;  and  138,  16. 
pp.  28,  29.] 

226.  Mr.  Popple  to  Mr.  Wachter.     Reminds  him  that  the 
Council  of  Trade  and  Plantations  desire  to  speak  with  Mrs. 
Low  out  of  hand  (v.  14th  Oct.).     [C.O.  5,  915.     pp.  63,  64.] 


Nov.  25.  227.  Lt.  Governor  Keith  to  the  Council  of  Trade  and 
Philadelphia.  Plantations.  Acknowledges  letter  etc.  of  16th  May.  Continues  : 
I  immediately  gave  directions  accordingly,  copy  enclosed.  But 
as  formerly  the  Office  of  Surveyor  Genl.  of  the  Customs  in  these 
parts  gave  me  an  opportunity  to  be  acquainted  with  the  Planta- 
tion Trade  that  now  seems  to  be  complain'd  of,  I  presume  it  is 
my  duty  to  inform  your  Lordships  that  altho'  the  King's  subjects 
did  then,  and  I  believe  still  do  trade  both  with  the  French  and 
Spanish  Settlements  in  America  at  their  own  peril  and  risque 
of  being  taken  and  confiscated  by  the  French  etc.  according 
to  the  tenor  of  the  Treaty  [of  Peace  and  Neutrality],  yet  I  never 
could  learn  or  discover  that  any  trade  was  carried  on  by  the 
French  to  the  British  Settlements  in  violation  of  the  Act  of 
Navigation.  I  will  not  take  upon  me  to  say  how  far  it  would  be 
convenient  for  H.M.  interest  more  strictly  to  prohibite  all 
clandestine  trade  with  the  French  and  Spaniard  in  America  in 
our  own  shipping,  which  indeed  is  not  restrained  by  any  law  or 
Act  of  Parliamt.  that  I  know  of.  But  whereas  a  great  part 
of  the  returns  commonly  made  by  this  clandestine  trade  are  the 
produce  of  the  French  settlements  such  as  sugar,  cotton,  indigo 
etc.  which  being  transported  to  the  English  Colonies  pays  no  more 
duty  than  what  is  laid  on  the  product  of  H.M.  own  Plantations, 

Wt.  441.  C.P.  8. 


114 


COLONIAL    PAPERS. 


1717. 


Nov.  25. 


Nov.  26. 


Nov.  26. 

Whitehall. 


I  am  of  opinion  it  would  be  both  convenient  and  profitable  to 
lay  a  greater  duty  in  America  on  the  product  of  forreign  Planta- 
tions than  what  is  laid  upon  our  own,  which  would  oblige  our 
Adventurers  not  to  return  anything  but  bullion  from  their  trade 
with  forreigners  unless  at  the  cost  of  a  revenue  to  the  Crown, 
etc.  Signed,  W.  Keith.  Endorsed,  Reed.  27th,  Read  28th,  1717 
(1718).  Addressed.  Seal.  Postmark.  2  pp.  Enclosed, 

227.  i.  Lt.-Governor  Keith  to  the  Naval  Officer  and  Collector 

of  Customs  in  Pensilvania.  Instructs  them  to  act  in 
accordance  with  instructions  of  1 6th  May,  1717.  Philada. 
Nov.  25,  1717.  Copy.  1J  pp.  [(7.0.5,1265.  Nos. 
89,  89  i.  ;  and  (without  enclosure)  5,  1293.  pp.  134,  135.] 

228.  Ambrose  Philips  to  the  Council  of  Trade  and  Plantations. 
Mr.  Francis  Harrison,  for  whom  Brigadier  Hunter  has  applied 
for  a  dormant  warrant  to  fill  any  vacancy  in  the  Council  of  New 
York,  is  a  person  of  singular  merit,  capacity  and  zeal  towards  the 
Protestant  succession,   well  educated,   conversant  in   business, 
with  a  perfect  knowledge  of  the  country  etc.     Endorsed,  Reed. 
25th,  Read  26th  Nov.,  1717.     2J  pp.     [C.O.  5,  1051.     No.  41  ; 
and  5,  1123.     pp.  490,  491.] 


229.     Mr.  Popple  to  Sir  Edward  Northey.     Encloses  Memorial 
Whitehall.     Of  Messrs.  Micklethwaite  etc.  (v.  Nov.  18).  "  relating  to  4  Bar- 
bado's  Laws  contained   in  the  inclosed   book  and  numbered  41, 
42,  108,  145.     The  Council  of  Trade  and  Plantations  desire  your 
opinion  thereupon,"  etc.     [C.O.  29,  13.     p.  439.] 


230.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Addison.  In  obedience  to  H.M.  commands  signifyed  to  us  by 
your  letter  of  25th  Sept.  we  have  had  under  our  consideration 
the  Memorial  of  Monsieur  D'Ibberville  etc.  Upon  this  occasion 
we  have  discoursed  with  such  Gentlemen  as  were  most  capable 
of  giving  us  the  proper  informations  about  this  affair,  and  have 
considered  some  Addresses  and  Representations  to  H.M.  from 
the  Lt.  Governor,  Council  and  Assembly  of  Nevis,  as  likewise 
several  depositions  on  oath  of  the  principal  inhabitants  of  that 
Island,  and  other  papers,  all  which  relate  to  the  Capitulation, 
and  were  laid  before  this  Board  some  time  ago.  By  the  accounts 
given  us  by  those  Gentlemen  and  the  contents  of  these  papers, 
it  appears,  that  the  inhabitants  of  Nevis  did  agree  to  a  capitu- 
lation on  the  conditions  expressed  in  the  Memorial  of  the  Sieur 
D'Ibberville,  that  this  Capitulation  was  signed  on  the  4th  of 
April,  and  was  observed  on  the  part  of  the  inhabitants,  as  far  as 
was  in  their  power,  but  was  broke  by  the  french  in  several  respects, 
particularly  by  their  burning  houses,  and  destroying  all  the 
publick  Records  of  that  Island  ;  That  some  days  after  the  signing 
this  Capitulation  vizt.  on  the  19th  of  the  same  month,  the 
inhabitants  did  indeed  sign  a  second  agreement  to  the  effect  set 
forth  likewise  in  the  Sieur  D'Ibberville 's  Memorial,  but  this 
second  agreement  was  not  proposed  by  themselves  as  is  alledged 
in  the  said  Memorial,  for  it  was  forced  upon  them  by  threats 


AMERICA    AND    WEST    INDIES.  115 

1717. 

and  ill  treatment,  of  which  many  strong  and  particular  instances 
are  given  in  the  aforesaid  addresses,  representations  and 
depositions.  The  reason  given  by  the  Sieur  D'Ibberville  in  his 
memorial  for  the  making  this  second  agreement  is,  that  the 
inhabitants  had  not  performed  an  Article  of  the  Capitulation, 
whereby  they  were  to  deliver  up  to  him  all  their  negroes  ;  In 
answer  to  which,  we  find  it  is  alledged  in  behalf  of  the  inhabitants, 
that  in  pursuance  of  that  article  they  did  deliver  up  as  many  of 
their  negroes  as  were  in  their  power,  and  that  the  French  did 
actually  carry  off  the  Island  upwards  of  3000  negroes,  besides 
several  effects  of  considerable  value,  but  the  rest  of  the  negroes 
escaping  to  the  woods  on  the  mountains,  and  being  no  longer 
in  their  masters  power  the  French  themselves  attempted  in  vain 
to  force  them  thence,  from  whence  it  may  be  concluded  that  the 
french  were  convinced  there  had  not  as  yet  been  any  wilfull 
neglect  in  the  inhabitants  in  this  particular,  and  as  no  person 
can  be  obliged  to  do  anything  that  is  not  possible  to  be  performed, 
the  French  had  no  reason  to  make  use  of  this  pretence  for  imposing 
upon  the  inhabitants  a  new  agreement  when  a  reasonable  time  had 
not  as  yet  been  allowed  them  for  the  performance  of  the  old 
one  ;  and  that  this  was  the  sence  of  both  parties  concerned  in 
that  capitulation  appears  to  us  by  a  deposition  in  these  words 
"  That  in  March  1706  about  the  25th  day,  this  deponent  went 
where  the  officers  were  in  the  Dodan,  whither  came  to  them  as 
a  truce  with  Articles  from  the  French,  two  gentlemen  one  of 
which  had  the  title  of  Major,  the  other  as  an  Interpreter  who 
produced  their  Articles  which  being  read  that  Article  by  which 
they  would  have  us  bring  in  all  our  negroes  was  objected  against 
by  us,  saying  it  was  not  in  our  power  as  they  were  then  in  the 
woods,  the  Interpreter  told  the  Major  what  we  said,  and  he  by 
his  Interpreter  told  us  that  the  General  did  not  expect  anything 
of  us  but  what  was  in  our  power,  Captain  Dunbar  took  the  Articles 
and  wrote  the  same  words  in  the  margent  against  the  said 
Article."  But  the  true  reason  why  the  French  proposed  this 
second  agreement  as  the  inhabitants  affirm,  was  that  they 
found  it  would  require  more  time  than  they  at  first  imagined, 
to  force  the  negroes  in  the  mountains  to  surrender,  and  having 
received  intelligence  of  the  arrival  of  an  English  squadron  in 
those  parts,  the  French  were  in  hast  to  quit  the  Island  ;  wherefore 
making  use  of  the  advantage  they  got  by  the  Capitulation, 
whereby  the  inhabitants  had  put  themselves  entirely  into  their 
power  they  forced  them  to  submit  to  a  second  agreement  more 
advantagious  to  the  conquerors.  We  observe  the  Sieur  D'Ibber- 
ville affirms  (Sept.  25)  that  he  performed  religiously  on  his  part 
all  the  conditions  of  the  capitulation  and  agreement :  yet  we 
find  it  set  forth  in  the  aforesaid  addresses,  representations  and 
depositions,  that  the  French  destroyed  houses,  blew  up  the  fort 
and  magazine  and  carryed  off  several  negroes  after,  and  contrary 
to  the  express  conditions  of  this  second  agreement,  notwith- 
standing several  representations  and  complaints  which  were 
made  to  the  said  Sieur  D'Ibberville  of  such  infractions  of  that 
agreement  as  well  as  of  the  capitulation.  We  observe  likewise 


110  COLONIAL    PAPERS. 

1717. 

that  the  Sieur  D'Ibberville  in  his  Memorial  makes  a  demand  of 
20,000  livres  for  subsisting  at  Martinico  the  hostages  he  carryed 
off  with  him  from  Nevis,  yet  we  find  by  an  account  which  was 
joyned  to  a  representation  to  H.M.  from  the  Lt.  Governor, 
Council  and  Assembly  of  Nevis,  that  £2576  sterl.  had  at  different 
times  been  sent  from  Nevis  to  Martinico  for  the  subsistance  of 
those  hostages  to  the  7th  Sept.,  1715,  and  the  Gentn.  concerned 
in  the  affairs  of  that  Island,  whom  we  discoursed  with  on  this 
occasion,  assured  us  that  further  remittances  have  since  that 
time  been  made  for  the  same  purpose.  This  appears  to  us  to 
be  a  true  state  of  this  affair  according  to  the  accounts  given  us 
by  the  Gentlemen  we  discoursed  with,  and  by  the  several  papers 
lodg'd  in  our  Office,  compared  with  the  Sieur  D'Ibberville's 
Memorial ;  We  shall  not  determine  whether  any  violent  means 
used  by  the  French  to  make  the  inhabitants  sign  the  second 
agreement,  or  the  breach  of  several  conditions  of  this  agreement 
on  the  part  of  the  French  as  well  as  of  the  capitulation,  may 
discharge  the  inhabitants  from  making  good  the  whole  or  any 
part  of  those  agreements  ;  But  we  think  this  matter  might  be 
best  determined  by  Commissaries  to  be  appointed  for  this  purpose, 
as  by  the  llth  Article  of  the  Treaty  of  Peace  concluded  at 
Utrecht  was  agreed  to  be  done,  and  this  method  seems  to  be  the 
more  proper  because  it  appears  by  the  said  1 1th  Article  that  the 
French  were  to  have  justice  done  them  about  the  capitulation  of 
Nevis,  in  consequence  only  of  a  determination  to  be  made  by  the 
same  Commissaries  who  were  to  consider  and  to  adjust  likewise, 
and  in  the  first  place,  as  the  tenour  of  the  Article  seems  to  import, 
the  demands  of  the  Company  of  Hudson's  Bay,  and  of  the 
inhabitants  of  Mountserrat,  for  damages  done  them  by  the 
French  during  the  Peace,  and  for  which  reparation  is  expressly 
promised  by  that  Article  but  has  not  yet  been  made.  We 
further  find  that  on  13th  May,  1714,  this  Board  writ  a  letter  to 
the  Lord  Bolingbroke  to  represent  and  to  desire  that  H.M.  might 
be  pleased  to  signify  to  the  Court  of  France  the  necessity  of 
appointing  Commissaries  to  treat  of  several  matters  pursuant 
to  the  10th,  llth  arid  15  Articles  of  the  Treaty  of  Peace,  the 
french  Commissaries  who  were  then  here  having  no  power  to 
treat  about  those  matters,  and  we  cannot  but  take  notice 
that  neither  in  the  Memorial  of  Monsr.  D'Ibberville  the  Envoy, 
nor  in  that  of  the  Sieur  D'Ibberville  the  Commander,  any  mention 
is  made  of  the  aforesaid  llth  Article  of  the  Treaty  of  Peace,  so 
that  it  would  seem  as  if  the  French  themselves  declined  entring 
into  the  proper  method  assigned  by  that  Article  for  determining 
their  demands  about  the  capitulation  of  Nevis.  Since  therefore 
this  affair  cannot  in  our  opinion  be  so  well  setled  in  any  other 
way  as  by  the  method  abovementioned  which  is  likely  to  prove 
very  dilatory  on  the  part  of  the  French  it  would  be  a  very  great 
hardship,  that  Mr.  Char.  Earle  the  only  one  of  the  Nevis  hostages 
now  remaining  at  Martinico  should  be  any  longer  detained  there, 
wherefore  we  beg  leave  humbly  to  offer  to  H.M.,  that  he  would 
be  graciously  pleased  to  interpose  with  the  Court  of  France  that 
the  said  Mr.  Earle  may  be  set  at  liberty,  which  we  conceive  znay 


AMERICA    AND    WEST    INDIES. 


117 


Treary. 

Chambers. 


1717. 

be  done  without  prejudice  to  the  demands  of  the  French,  because 
they  are  enti tilled  by  the  aforesaid  1 1th  Article  of  the  Treaty  of 
Utrecht  to  have  due  satisfaction  for  their  demands,  when  they 
shall  be  found  to  be  just.  [C.O.  153,  13.  pp.  197-205.] 

Nov.  27.  231.  Charles  Stanhope  to  Mr.  Popple.  Having  laid  before 
my  Lords  of  the  Treasury  your  letter  of  the  19th  instant  whereby 
their  Lordps.  understand  that  the  Lords  Commrs.  of  Trade, 
think  it  is  of  great  consequence  to  hinder  as  much  as  possible  the 
poor  inhabitants  of  the  Leeward  Islands  from  dispersing  them- 
selves into  other  settlements  (as  they  seem  inclined  to  do)  for 
want  of  encouragement  where  they  now  are  etc.  ;  my  Lords  of 
the  Treasury  will  be  ready  when  opportunity  offers  of  giving  to 
the  said  poor  inhabitants  all  due  encouragement  to  the  best  of 
their  Lordps.  power.  Signed,  C.  Stanhope.  Endorsed,  Reed. 
29th  Nov.,  Read  2nd  Dec.,  1717.  Addressed.  1  p.  [C.O.  152, 
12.  No.  57  ;  and  153,  13.  p.  180.] 


Nov.  27. 

Whitehall. 


232.  Mr.  Popple  to  Mr.  Attorney  General.  Encloses,  for  ni» 
opinion,  Mr.  Cockburn's  petition  and  the  decree  of  the  Court  of 
Chancery  of  Jamaica  referred  to  (Nov.  21st).  Continues  :  —  I  am 
to  observe  to  you  that  by  a  clause  of  the  King's  Instructions  to 
the  Lord  A.  Hamilton  (enclosed),  which  has  been  the  same  to 
all  other  Governors,  his  Lordship  was  impowered  to  appoint 
officers  upon  the  suspension  or  absence  of  the  persons  officiating 
patent  places  and  that  Mr.  Page,  as  appears  by  a  letter  under  his 
own  hand  to  the  Lord  Archibald  Hamilton,  left  his  office  and 
the  Island  of  Jamaica,  contrary  to  the  Laws  of  that  Island  and 
without  the  Governor's  knowledge  and  consent. 

I  am  further  to  inclose  to  you  a  copy  of  Mr.  Congreve's  patent 
and  thereupon  to  desire  your  opinion  upon  Mr.  Cockburn's 
petition,  whether  H.M.  may  grant  an  order  for  rehearing  the 
cause  there,  or  what  H.M.  may  do  for  his  relief  therein.  [C.O. 
138,  16.  pp.  26-28.] 

Nov.  27.  233.  Copy  of  Privy  Seal  directing  salaries  to  the  Commis- 
Westminster.  sioners  for  Trade  and  Plantations,  Earl  of  Suffolk  and  Bindon, 
John  Chetwynd,  Sr.  Charles  Cook,  Paul  Docminique,  John 
Moles  worth,  Thomas  Pelham,  Daniel  Pulteney,  and  Martin 
Bladen,  and  to  William  Popple,  Secretary,  and  Bryan  Wheelock, 
Deputy  Secretary,  etc.  Signed,  J.  Wooddeson  Depty.  Endorsed, 
Reed.  6th,  Primerd,  9th  Dec.,  1717.  4  pp.  [C.O.  388,  77. 
No.  30  ;  and  389,  37.  pp.  134-139.] 

Nov.  27.         234.     Order  of  King  in  Council.     Appointing  John  Parker, 

St.  James's.   Peter  Fret  well  and  John  Wells  to  the  Council  of  New  Jersey, 

etc.     Signed,  Edward  Southwell.     Set  out,  N.  J.  Archives,   1st 

Ser.  iv.  331.     Endorsed,  Reed.  30th,  Read  31st  Jan.,  n{7s. 

[C.O.  5,  971.     No.  69  ;  and  5,  995.     pp.  427,  428.] 


[Dec.  2.]         235.     Account   of    moneys    paid    by    Governor    Hunter   for 
sustenance    etc.    of    the    Palatines.     Spent,    £32,071    13s.    lOd. 


118 


COLONIAL    PAPERS. 


1717. 


Dec.  3. 

N.  York. 


Dec.  3. 

Whitehall. 


Received  from  Treasury  £10,000,  and  for  goods  sold,  £800. 
Balance  due,  £21,271  13s.  lOd.  Endorsed,  Reed,  (from  Mr. 
Philips  2nd  Dec.,  1717,  Read  25th  Feb.,  17JJ.  2pp.  Torn. 
[(7.0.5,  1051.  No.  55.] 

236.  Governor  Hunter  to  Mr.  Popple.  Abstract.  I  send  the 
Quarterly  accounts  of  the  export  and  import,  by  which  their 
Losps.  will  observe  how  vastly  increas'd  the  Navigation  and 
Trade  of  this  place  is  of  late  which  in  a  great  measure  is  owing 
to  the  currency  of  bills  of  credit  upon  so  good  and  solid  fond  as 
that  of  the  Excise  our  bills  being  ev'n  on  the  Exchange  of  Boston 
25  pr.  cent,  better  then  their  own.  I  mention  this  because  the 
bill  for  payt.  of  the  remainder  of  publick  debts  past  the  house  of 
Representatives  and  now  depending  before  the  Council,  meets 
with  some  opposition  or  threatned  opposition  from  men  of 
private  views  piques  and  intrests,  the  true  cause  of  which  what- 
soever the  pretended  one  be  is  that  this  as  the  former  one  did 
incourages  and  enables  the  many  to  venture  their  stocks  in  trade 
to  the  prejudice  of  the  few  who  had  so  long  monopoliz'd  it  etc. 
Continues  : — If  the  bill  does  passe,  for  I  as  yet  know  not  its  fate, 
I  shall  be  able  to  convince  their  Losps.  of  the  reasonableness  and 
justice  of  it,  it  being  really  no  other  then  an  Act  extending  the 
former  to  such  persons  and  claimants  as  were  by  that  bill  pre- 
cluded their  just  demands  by  absence  nonage  neglect  or  the 
prevailing  humor  in  that  Assembly,  making  provision  for  publick 
charges  not  before  provided  for,  (as  particularly  the  Agency, 
incidents  of  Govt.  etc.)  and  in  effect  for  quieting  the  minds  of  all 
H.M.  subjects  on  this  side.  Requests  his  good  offices  in 
prosecuting  his  claim  in  Parliament,  and  promises  that  he  will 
not  be  content  with  a  bare  acknowledgment  of  his  indebtedness 
to  him.  Signed,  Ro.  Hunter.  Endorsed,  Reed.  7th,  Read  27th 
Jan.,  17f|.  3i  pp.  Set  out,  N.Y.  Col.  Docs.  V.  494.  [(7.0.  5, 
1051.  No.  44  ;  and  5,  1123.  pp.  494-496.] 


237.  Council  of  Trade  and  Plantations  to  the  Earl  of 
Sunderland.  We  are  informed,  that  on  the  last  Council  day, 
upon  reading  a  representation  from  our  Board,  16th  Oct.,  upon 
certain  laws,  passed  in  the  Leeward  Islands,  wherein  we  set 
forth,  that  we  had  consulted  H.M.  Attorney  and  Sollicitor 
General  concerning  those  laws,  Mr.  Attorney  and  Mr.  Solicitor 
were  pleased  to  acquaint  the  Council,  that  they  had  never  given 
any  opinion,  concerning  the  said  laws  ;  Whereupon  the  con- 
sideration of  our  report  was  laid  aside.  In  justice  therefore  to 
ourselves,  we  beg  leave  to  send  your  Lordship  a  duplicate  of  the 
said  report,  together  with  attested  copies  of  Mr.  Attorney  and 
Mr.  Sollr.,  their  opinions  upon  the  laws  therein  mentioned  ; 
your  Lordp.  will  be  pleased  to  observe,  that  we  have  inserted 
Mr.  Attorneys  own  words  in  our  report,  where  we  make  use  of 
his  authority  to  support  our  opinion,  and  have  kept  strictly  to 
the  Solicitors  sence  where  we  mention  the  Law,  on  which  we  had 
his  opinion.  We  must  intreat  your  Lordship  to  do  us  the  honor 
of  acquainting  H.M.  in  Council  at  the  next  meeting  with  the 


AMERICA    AND     WEST    INDIES.  119 

17J7. 

true  state  of  this  affair,  that  H.M.  may  be  sensible  of  the  great 
wrong  Mr.  Attorney  and  Mr.  Sollicitor  have  done  us  upon  this 
occasion.  [C.O.  153,  13.  pp.  181,  182.] 

[Dec.  4.]  238.  Richard  Beresford  to  the  Council  of  Trade  and 
Plantations.  It  has  been  long  foreseen  and  cornplain'd  of,  that 
ye  French  had  a  design  to  dispossess  us  of  all  our  Plantations 
in  the  Continent  of  North  America  towards  which  they  have  been 
very  industrious  to  make  disco  very  s  in  those  parts,  and  parti- 
cularly to  find  out  a  way  of  communication  betwixt  ye  Great 
Rivers  of  Quebec  and  Mississippi.  Having  effected  this  by  ye 
travels  of  M.  la  Salle  and  Baron  La  Hontan,  Lewis  XIV  gave  a 
patent  of  those  new  discoverys  to  M.  Crozat  in  Sept.  17 12  under 
ye  name  of  Louisiana,  which  not  only  takes  in  all  that  vast 
country  ye  Spaniards  call  Florida  but  all  that  part  of  ye  Con- 
tinent from  ye  River  Mississippi  on  ye  South  to  Lake  Frontenac 
in  ye  R.  of  Canada  on  ye  North  from  Lon.  282-302,  which 
according  to  La%  Hontan's  map  is  almost  3000  m.  and  together 
with  Canada  encompasses  all  our  English  plantations  on  ye 
Continent  by  land  ;  so  that  this  grant  is  a  direct  encroachmt.  on 
ye  patent  from  our  Crown  to  ye  Proprietors  of  Carolina  which 
extends  their  grant  from  ye  North  to  ye  South  Sea.  M.  Crozat, 
having  surrender 'd  his  patent  to  the  present  French  King,  His 
Majesty  conferr'd  it  in  August  last  for  25  years  on  a  trading 
Society  call'd  the  Western  Company  of  France  with  very  ample 
powers  and  privileges  an  abstract  of  which  is  to  be  seen  in  the 
French  Amsterdam  Gazette  of  -  -  and  in  the  Flying  Post  of 
Sept.  26th.  The  danger  which  this  grant  threatens  to  all  our 
plantations  on  the  Continent,  appears  not  only  from  ye  situation 
of  these  French  Colony  s,  but  also  from  the  Articles  which  empower 
this  Western  Company  to  make  alliances  war  and  peace  with  all 
the  Nations  in  ye  Country  that  are  not  dependant  on  other 
European  powers,  allow  them  to  build  and  garrison  fortification 
in  their  Colonys  and  to  raise  soldiers  in  France,  empower  them 
to  fit  out  as  many  ships  of  war  as  they  shall  think  necessary, 
assure  them  of  his  protection  by  force  of  arms  if  needful  and 
allow  them  all  his  forts  canon  arms  ammunition  and  shipping 
in  that  country  whither  they  are  oblig'd  to  transport  6000  whites 
and  3000  blacks.  This  grant  with  ye  assistance  of  ye  French  in 
Canada  and  ye  Indian  Nations  that  are  already  brought  into 
alliance  with  them  will  enable  ye  French  effectually  to  put  in 
execution  La  Hontan's  project  either  to  draw  over  ye  Iroquese 
Indians  etc.  to  their  interest  and  to  engross  all  ye  commerce  of 
those  Nations,  now  in  ye  hands  of  the  English  of  New  York, 
or  if  ye  Iroquese  etc.  don't  willingly  come  into  it,  ye  French  may 
force  them  by  building  forts  in  ye  places  he  mentions  etc.  We 
don't  know  how  far  this  is  effected  already  but  have  good  infor- 
mation that  ye  French  and  their  Allies  design  to  fall  upon  ye 
Chiriquese,  an  Indian  Nation  in  amity  with  us  upon  the  bank 
[?  back  Ed.]  of  Carolina,  and  as  they  may  easily  do  ye  like  to 
those  in  friendship  with  us  on  ye  back  of  our  other  plantations 
we  shall  not  only  lose  all  our  commerce  with  ye  natives,  which 


120 


COLONIAL    PAPERS. 


1717. 


Dec.  4. 

Whitehall. 


Dec.  4. 

St.  James's. 


Dec.  4. 

Whitehall. 


Dec.  5. 


Dec.  5. 

Whitehall. 


Dec.  6. 


will  sink  our  trade  but  be  evidently  expos'd  to  be  drove  out  of 
ye  Continent  by  the  French  and  their  numerous  Allies  ;  and 
what  a  loss  as  well  as  disgrace  this  will  be  to  England  'tis  not 
easy  to  be  conceiv'd  and  far  less  to  be  express'd.  It  is  therefore 
humbly  propos'd  to  ye  Government  that  they  wou'd  be  pleas'd 
to  think  of  proper  methods  to  assert  the  sovereignty  and  honour 
of  ye  Crown  of  England  against  such  encroachments  and  in  ye 
mean  time  to  take  such  measures  as  may  defend  our  plantations 
from  ye  wars  already  begun  in  Carolina  and  ye  others  that  are 
daily  fear'd  from  ye  French  and  their  Indian  Allies  elsewhere, 
towards  which  defence  La  Hontan's  proposals  p.  237  may  perhaps 
deserve  to  be  consider'd.  Signed,  Richd.  Beresford.  Endorsed, 
Reed.  4th,  Read  12th  Dec.,  1717.  2pp.  [C.O.  323,  7.  No.  117.] 

239.  Mr.  Popple  to  John  Bernardo  de  Guardia  and  Peter 
Diharce.     Requests   early   delivery   of   proofs   relating   to   the 
seizure  of  the  Spanish  bellandra,  promised  to  the  Board  Oct.  15 
etc.     [C.O.  138,  16.    pp.  29,  30.] 

240.  H.M.  Commission  to  Robert  Irvine  to  be  Surgeon  to 
the   two   Independent   Companys   in   Jamaica.    Countersigned, 
Sunderland.     [C.O.  324,  33.    pp.  116,  117.] 

241 .  Mr.  Popple  to  Sir  Wm.  Thompson.     Desires  his  opinion 
as  soon  as  possible  in  answer  to  his  letter  of  Oct.  7th.     [C.O.  5, 
915.    p.  64.] 

242.  Mr.  Solicitor  General  to  Mr.  Popple.     I  had  obeyed  ye 
commands  of  ye  Lords  Commrs.  June  last  immediately  after, 
if  ye  petitioners  for  ye  tract  of  land  between  Nova  Scotia  and  ye 
Province  of  Main  had  not  been  ye  occasion  of  theire  own  delay  : 
I  desired  theire  agent  to  summon  all  partyes  who  had  given  in 
memorials  against  ye  petition,  and  I  fix'd  a  day  for  a  hearing, 
and  I  found  three  different  partys  not  summon'd,  ye  vacation 
came  on  when  I  was  at  leisure,  I  order'd  fresh  summon's,  but  I 
found  some  of  ye  partys  out  of  town,  and  theire  agents  applyed 
for  time  till  theire  writings  could  be  produced,  I  could  not  in 
justice  deny  theire  request.     It  was  some  time  in  last  month 
before  all  partys  could  be  ready  etc.    I  hope  ye  beginning  of 
next  week  to  be  able  to  obey  the  commands  of  ye  Lords  etc. 
Signed,  Wm.  Thomson.    Endorsed,  Reed.  6th,  Read  9th  Dec., 
1717.     Holograph.  •  3  pp.     [C.O.  5,  866.     No.  129.] 

243.  Mr.    Popple   to   Sir  Wm.    Thomson,    Sollicitor   Genii. 
Encloses  Act  of  New  Jersey,  1717,  to  repeal  Act  ascertaining  the 
place  of  sitting  of  the  General  Assembly,  etc.,  for  his  opinion  there- 
upon in  point  of  law  as  soon  as  possible.     [C.O.  5,  995.    pp.  417, 
418.] 

244.  Mrs.  Anne  Low  to  Mr.  Popple.     In  obedience  to  this 
Honble.  Board's  commands  for  my  appearance  before  them  next 
Tuesday  I  have  to  request  you  will  let  them  know  I  quitt  my 


AMERICA    AND     WEST    INDIES. 


121 


1717. 


^retention  to  ye  patent  for  catching  and  curing  sturgeon  in  my 
name  in  H.M.  Dominions  in  America,  etc.  Signed,  Anne  Low. 
Endorsed,  Reed.  Oth,  Read  !)th  Dec.,  1717.  Addressed.  %  p. 
[C.O.  323,  7.  No.  110.] 


Dec.  0. 

Whitehall. 


245.  Mr.  Popple  to  Mr.  Carkes.se.  The  Council  of  Trade 
and  Plantations  desire  an  account  of  all  imports  and  exports 
to  and  from  New  England  for  3  years  last  past  etc.  [C.O.  5,  915. 
p.  69.] 


Dec.  0.          246.     B.  de  Guardia  and  P.  Diharce  to  Mr.  Popple.     Reply 

London,      to  Dec.  4.     Wee  shall  wayte  on  the  Board  Tuesday  next  with  the 

proofs,  etc.     Signed,  Bernardo  de  Guardia,  P.  Diharce.     Endorsed, 

Reed.  6th,  Read  9th  Dec.,  1717.     1  p.     [C.O.  137,  12.     No.  103.] 


Dec.  9. 

Whitehall. 


247.  Council  of  Trade  and  Plantations  to  the  Lords  Com- 
missioners of  the  Treasury.  Enclose  office  accounts  from  Lady 
day  to  Michaelmas.  Accounts  annexed.  [C.O.  389,  37.  pp. 
141-143.] 


Dec.  9.  248.  Mr.  Solicitor  General  to  Mr.  Popple.  I  have  considered 
the  Act  of  New  Jersey  to  repeal  the  Act  for  the  ascertaining  the 
place  of  the  sitting  of  the  Assembly,  etc.,  and  as  the  Act  to  be 
repealed  was  made  so  lately  as  the  eigth  year  of  Queen  Ann  and 
is  found  to  be  inconvenient  and  asserted  to  be  contrary  to  the 
Royal  instructions  I  doe  not  apprehend  that  there  can  be  any 
scruple  why  H.M.  should  not  approve  of  this  Act  sent  over  which 
leaves  the  place  to  be  appointed  as  shall  be  most  convenient  and 
the  rather  for  that  the  Act  to  be  repealed  was  a  restraint  of  the 
King's  prerogative.  Signed,  Wm.  Thomson.  Endorsed,  Reed. 
9th,  Read  10th  Dec.,  1717.  f  p.  [C.O.  5,  971.  No.  64  ;  and  5, 
995.  pp.  418,  419.] 


Dec.   10. 

Whitehall. 


249.  Mr.  Popple  to  Mr.  Attorney  General.  Requests  im- 
mediate reply  to  enquiry  of  Nov.  21,  as  to  validity  of  the 
surrender  of  the  Bahama  Islands,  etc.  [C.O.  24,  1.  p.  14.] 


Dec.  10.  250.  Mr.  Attorney  General  to  [?  Mr.  Popple].  Reply  to 
preceding.  I  am  of  opinion  a  surrender  by  four,  where  six  are 
seized,  can  only  convey  and  extinguish  thereby  four  parts  in 
six,  of  what  the  parties  enjoyed.  However  H.M.  being  intituled 
under  four  to  four  parts  of  the  Government,  which  is  entire, 
he  may  execute  the  whole.  And  I  do  not  know  that  the  other 
two  can  be  co-partners  with  H.M.  in  governing.  For  which 
reason  and  that  there  might  not  be  an  extinguishmt.  by  sur- 
render, I  apprehend  as  this  case  is,  a  grant  to  the  Crown  of  the 
four  parts  might  be  more  proper.  Signed,  Edw.  Northey. 
Endorsed,  Reed.,  Read  llth  Dec.,  1717.  \  p.  Enclosed, 
250.  i.  Copy  No.  249.  [C.O.  23,  1.  Nos.  7,  7  L] 


122 


COLONIAL    PAPERS. 


Dec.  10.  251.  Mr.  Clayton  to  Mr.  Popple.  Refers  to  above  opinion 
of  the  Attorney  General.  Signed,  Alex.  Clayton.  Endorsed, 
Reed.,  Read  10th  Dec.,  1717.  Addressed.  1  p.  [C.O.  23,  1. 
No.  6.] 


Dec.   10. 

London. 


252.  Agents  of  the  Spanish  owners  of  the  Nostra  Signora  de 
Bethleem  to  the  Council  of  Trade  and  Plantations.  Refer  to 
their  previous  petition  and  enclose  proofs  etc.  Signed,  Bernardo 
de  Guardia,  Pr.  Diharce.  Endorsed,  Reed.  10th  Dec.,  1717, 
Read  13th  Jan.,  17fl.  3  pp.  Enclosed, 

252.  i.  "Copy  of  Minutes  of  Council  of  Jamaica,  Sept.  1,  1716. 

11%  pp. 

252.  ii.  Copy  of  protest  of  John  Rolfe,  proctor  for  Don  Manuel 
de  Arambura  on  behalf  of  the  owners,  against  the 
condemnation  of  the  sloop  Kensington  (—Nostra 
Signora  de  Bethleem).  Rolfe  was  refused  the  aid  of 
Council  in  Court  and  not  given  time  to  make  a  proper 
defence  etc.  13th  Aug.,  1716.  Signed,  Jno.  Rolfe, 
Manuel  de  Arambura.  3  pp. 

252.  iii.  Copy  of  condemnation  of  the  sloop  Kensington  and 
her  cargo,  16th  March,  1716.  Signed,  Jno.  Warner, 
Judge  of  the  Admiralty,  Jamaica.  1  p. 

252.  iv.  Copy  of  bond  given  upon  appeal  from  preceding 
sentence.  27th  March,  1716.  Signed,  Lewis  Galdy, 
Daniel  Ax  tell.  1  p. 

252.  v.  Copy  of  appeal  referred  to  in  preceding.  Signed, 
Manuell  de  Aramburu,  Juan  Patricio  Grant.  7  pp. 

252.  vi.  Copy  of  enquiry  into  the  seizure  of  the  Nostra 
Signora  de  Bethleem  before  the  Marquis  de  Casatorres, 
Governor  of  Havana,  and  his  decree  that  letters  be 
despatched  to  the  Governor  of  Jamaica  for  restitution 
etc.  26th  and  27th  Jan.,  1716.  Translated  from  the 
Spanish,  74  pp. 

252.  vii.  Estimation  of  the  value  of  the  Nostra  Signora  de 
Bethleem,  her  cargo  and  damages  accruing  from  her 
seizure.  Total :— £36,723  Is.  4d.  London.  10th  Dec., 
1717.  Signed,  Bernardo  de  Guardia,  P.  Diharce.  l^pp. 

252.  viii.  Previous  estimate  of  preceding.  Total : — £37,485. 
July  24,  1717.  Signed  as  preceding.  [C.O.  137,  12. 
Nos.  107,  107  i.-viii.] 


Dec.  10. 

Whitehall. 


253.  Mr.  Popple  to  Mr.  Sollicitor  General.  Encloses  printed 
book  of  New  Jersey  Acts  and  desires  his  opinion  in  point  of  law 
as  soon  as  may  be  upon  the  Act  to  lay  a  duty  upon  wheat  exported 
out  of  the  Eastern  Division  etc.,  the  Act  that  the  solemn  affirmation 
and  declaration  of  the  people  called  Quakers  shall  be  accepted 
instead  of  an  oath  etc.,  and  the  Acts  for  inforcing  the  observation 
of  the  ordinance  for  establishing  fees,  1713  and  1717.  [C.O.  5,  995. 
pp.  419,  420.] 


AMERICA    AND     WEST    INDIES. 


123 


1717. 
Dec.  11. 

Whitehall. 


Dec.  11. 

Whitehall. 


Dec.   12. 

Whitehall. 


Dec.  12. 

Whitehall, 


254.  Council  of  Trade  and  Plantations  to  the  King.     Recom- 
mend for  H.M.  approbation  Act  of  New  Jersey  to  repeal  the  Act 
for  ascertaining  the  place  of  sitting  of  Assembly  etc.     [C.O.  5,  995. 
pp.  420,  421.] 

255.  Council   of  Trade   and   Plantations   to   Mr.   Secretary 
Addison.     Refer  to  letter  of  Nov.    21   and  quote  Mr.   Attorney 
General's  opinion  (No.  250).     Upon   which  we  only  take  leave 
to  observe  that   the   two   Proprietors  who   have  not   executed 
the  surrender,  are  Minors,  which  is  the  only  reason,  as  we  are 
inform 'd,  why  their  Trustees  have  not  sign'd  for  them  ;  However 
we  are  of  opinion  from  the  reports  of  former  Attornies  and 
Sollicitors  General,  that  had  not  this  surrender  been  made,  the 
Proprietors  by  their  long  neglect  in  providing  for  the  security 
of  the  said  Islands  and  H.M.   subjects  inhabiting  there,   had 
forfeited  their  right  to  the  Government  of  those  Islands,  and  that 
H.M.  might  legally  provide  both  for  the  civil  and  military  Govern- 
ment there  ;  Since  therefore  the  Parliament  have  now  voted  the 
necessary  supply  demanded  by  H.M.  for  the  security  of  these 
Islands,  and  since  Capt.  Rogers  together  with  his  friends,  who  are 
Adventurers  upon  this  occasion,  do  actually  stand  at  a  consider- 
able daily  expence  in  demurrage  on  the  ships  which  they  have 
at  their  own  charge  fitted  out  for  transporting  the  new  Governor 
with  his  stores,   ammunition,   provisions  and  garrison  to  Pro- 
vidence, we  would  intreat  you  to  lay  the  said  Commission  and 
Instructions  as  soon  as  conveniently  may  be  before  H.M.  for 
his  Royal  Signature.     [C.O.  24,  1.     pp.  15-17.] 

256.  Council   of   Trade   and   Plantations   to   Mr.   Secretary 
Addison.     Enclose  Mr.  Beresford's  report  (Dec.  4.)  of  the  French 
designs  etc.     Continue  : — This  has  been  further  confirm 'd  to  us 
by  Mr.  Cuming  Surveyor  of  ye  Customs  at  Boston  ;  By  wch. 
means  all  H.M.  Provinces  on  the  Continent  are  inclos'd  between 
the  said  French  settlements  and  the  sea.     Upon  this  occasion 
we  are  writing  to  H.M.  Governors  in  North  America  for  their 
opinion  what  may  be  proper  to  be  done  for  preventing  the 
incoiiveniencies  that  may  happen  from  the  French  extending 
their  settlements  in  this  manner  etc.     [C.O.  324,  10.     pp.  156, 
157.] 

257.  Same  to  Same.     Pursuant  to  H.M.  commands,  Sept. 
3rd,  enclose  following.     Annexed, 

257.  i.  Draft  of  H.M.  Additional  Instruction  to  Governor 
Walter  Hamilton.  Whereas  several  inconveniences 
have  arisen  to  our  Governments  of  the  Plantations  by 
gifts  and  presents  made  to  our  Governors  by  the 
General  Assemblies,  for  which  reason  you  have  been 
prohibited  by  an  Instruction  from  us  to  give  your 
consent  to  any  Acts  for  granting  to  you  any  such 
presents  or  to  receive  any  such  presents  from  the 
respective  Assemblies,  or  others  on  any  account  or  in 
any  manner  whatsoever  excepting  a  limited  sum  for 


124  COLONIAL    PAPERS. 

1717. 


the  rent  of  a  house.  And  whereas  the  Assembly  of 
our  Island  of  Antigua  have  passed  an  Act  for  setling 
upon  you  a  sum  of  a  thousand  pound  of  the  mony  of 
that  Island  pr.  ann.  for  house  rent,  during  your  con- 
tinuance in  the  Government  of  our  Leeward  Islands. 
And  we  have  allowed  you  to  receive  the  said  sum, 
during  our  pleasure,  and  we  do  hereby  revoke  and 
annul  the  forementioned  Instruction,  and  do  likewise 
hereby  will  and  require  you  upon  pain  of  our  highest 
displeasure  not  to  pass  any  act  or  order  for  any  gift 
or  present  to  yourself,  to  our  Lieut.  General  or  to  any 
of  our  Lieut.  Governors  or  Commanders  in  Chief  for 
the  time  being  from  the  Assembly  or  Assemblies  of  any 
of  our  Islands  under  your  Government ;  and  that  you 
do  not  receive  any  gift  or  present  whatsoever  either 
directly  or  indirectly,  other  than  the  forementioned 
thousand  pounds  pr.  ann.  etc.  [(7.0.  153,  13.  pp. 
183-185.] 

[Dec.  16.]  258.  Abstract  of  agreement  concluded  between  Jno.  Borland 
and  Tho.  Minshall  and  other  fishmongers  of  London  for  serving 
them  with  sturgeon  for  7  years,  28th  Feb.,  1716.  Endorsed, 
Reed.  16th  Dec.,  1717.  1J  pp.  [0.0.  5,  866.  No.  130.] 

Dec.  16.  259.  Mr.  Attorney  General  to  the  Council  of  Trade  and 
Plantations.  Reply  to  Nov.  26.  The  design  of  the  Acts  of 
Barbadoes  referred  to  being  to  ascertain  the  fees  of  the  several 
officers  of  that  Island  and  to  hang  up  tables  of  those  fees  in  their 
respective  offices  etc.  ;  if  the  fees  be  reasonable  (of  which  I  am  not 
a  judge)  I  have  no  objection  against  the  design  of  the  said  Acts, 
but  I  am  of  opinion  that  one  of  the  remedies  appointed  by  the 
said  Acts  for  punishing  the  offenders  agst.  the  said  Acts  is  un- 
reasonable and  unjust,  especially  as  to  the  Secretary,  Provost 
Marshall  and  Register  in  Chancery  etc.  Quotes  provision  in  case 
of  excessive  fee  being  taken  described  No.  210,  q.v.  Wherefore  I 
am  humbly  of  opinion,  that  the  said  Acts  with  the  said  powers 
are  not  fit  to  receive  H.M.  approbation,  if  they  have  not  already 
had  the  approbation  of  the  Crown.  Signed,  Edw.  Northey. 
Endorsed,  Reed.  1st,  Read  18th  Dec.,  1717.  2|  pp.  Enclosed, 
259.  i.  Duplicate  of  No.  210.  [0.0.  28,  15.  Nos.  25,  26  ; 
and  29,  13.  pp.  440-442.] 

[Dec.  17.]  260.  Petition  of  Robert  Cunynghame  to  the  Council  of 
Trade  and  Plantations.  Petitioner  served  in  the  Regiment  of 
Foot  in  the  Leeward  Islands  from  Sept.  1692 — Jan.  1699,  and 
in  the  Expedition  against  Martenico.  In  the  last  war  he  went 
a  Voluntier  against  Guadeloup,  where  he  was  appointed  Com- 
missary General,  and  had  a  post  of  trust  and  great  danger  in 
the  last  reduction  of  St.  Christophers  from  the  French.  Being 
desirous  to  provide  for  his  eleven  children  he  did  purchase  from 
Mrs.  Dorothy  Mitchell,  widow  of  Capt.  Thomas  Mitchel,  H.M.S. 
Sheerness,  her  and  her  daughter's  right  which  Governor  Douglas 


AMERICA    AND    WEST    INDIES.  125 

1717. 

made  unto  Capt.  Mitchel  for  a  plantation  of  200  acres  in  Basse- 
Terre  Quarter,  formerly  belonging  to  Monsieur  Girauclel  or 
Monsieur  Lambert.  Petitioner  applied  to  Governor  Hamilton 
to  renew  the  grant,  the  time  limited  therein  being  expired  or 
near  expired,  who  said  he  must  give  it  him  the  said  Governor 
which  the  petitioner  would  not  agree  to  ;  the  Governor  put  the 
grant  among  his  papers  ;  some  time  after  petitioner  being  told 
the  Governor  had  given  a  grant  of  said  Plantation  unto  Mr. 
Milliken  of  Nevis,  petitioner  went  to  the  Governor  who  told  him 
he  had  given  it  to  Mr.  Milliken  beleiving  the  petitioner  had 
complained  against  him.  Petitioner  continued  possessed  of  the 
dwelling  house  upon  the  said  plantation  untill  he  left  St. 
Christophers  and  has  not  any  advice  of  his  being  dispossest. 
Prays  for  their  Lordships'  recommendation  to  H.M.  that  he  may 
have  the  preferance  in  the  purchase  of  the  said  plantation  in  the 
name  of  Daniel  Cunynghame  his  second  son,  under  conditions 
that  petitioner  may  enjoy  the  profits  during  his  life  and  may 
charge  it  with  legacies  at  his  death,  petitioner  being  ready  to 
comply  with  what  their  Lordships  shall  be  pleased  to  order  in 
relation  to  Mr.  Stoddart.  (cf.  24th  Jan.,  1718.)  Endorsed, 
Reed.  17th  Dec.,  Read  23rd  Jan.,  17{J.  1J  pp.  [C.O.  152, 
12.  No.  61  ;  and  153,  13.  pp.  194-197.] 

Dec.  18.  261 .  Mr.  Solicitor  General  to  Mr.  Popple.  Reply  to  1th  June, 
as  to  granting  of  lands  between  Nova  Scotia  and  Maine.  I  have 
considered  the  petition  and  memorials  and  heard  all  parties 
except  Mr.  Partridge,  absent  from  England  etc.  His  son  being 
summoned  answered  that  he  should  take  no  care  about  it.  I 
found  Mr.  Dummer  unable  to  make  out  any  of  the  facts  alleged 
in  his  first  Memorial  (Dec.  3,  1716),  but  he  wanted  time  to  produce 
the  deeds  of  purchase.  To  make  good  the  assertion  in  his  second 
Memorial  (v.  30th  May),  he  referred  to  the  words  of  the  Charter 
in  the  printed  book  p.  (13).  Quotes  clause  of  Charter  beginning 
Provided  also  that  it  shall  and  may  be  lawfull  for  the  said 
Governour  and  General  Assembly  to  make  or  pass  any  grant  of 
lands  lying  within  the  bounds  of  Colonies  formerly  called  the 
Colonies  of  the  Massachusetts  Bay  and  New  Plymouth  and 
province  of  Maine  etc.  Upon  consideration  of  these  words  I 
am  humbly  of  opinion  that  the  Crown  has  not  divested  itself  in 
any  manner  of  the  right  to  the  lands  described  to  be  extending 
from  the  River  of  Sagadahock  to  the  Gulfe  of  St.  Laurence  and 
Canada  Rivers  and  to  the  main  sea  northward  and  eastward 
which  I  understand  is  the  land  in  question  nor  has  the  Crown 
given  the  said  Governour  and  General  Assembly  any  of  the  sd. 
lands  these  words  being  at  most  only  a  power  by  implicacon  to 
prepare  grants  which  are  to  have  no  validity  unless  confirmed 
by  the  Crown  so  that  1  humbly  conceive  that  there  is  nothing 
in  this  Charter  which  prevents  the  Crown  from  granting  these 
lands  the  sole  legal  right  remaining  still  in  the  Crown.  1  required 
the  Agent  for  Duke  Hamilton  to  make  out  the  right  of  the  Duke 
to  the  10,000  acres  as  is  asserted  in  the  letter  of  her  Grace  the 
Dutchess  of  Hamilton  (31st  May)  and  I  find  that  there  was  a 


126  COLONIAL    PAPERS. 

1717. 


grant  in  the  llth  year  of  Charles  I  of  that  quantity  of  acres 
lying  on  the  S.E.  side  of  Sagadahock  river  to  the  then  Marquis 
of  Hamilton  and  his  heires.  But  I  do  not  find  that  the  grantee 
or  his  descendants  have  taken  possession  or  in  any  manner 
occupyed  the  same  which  is  attributed  to  the  Civil  Warrs  in 
England  that  ensued  after  the  said  grant  and  to  the  other  warrs 
of  the  Indians  not  many  years  after  the  Restauracon  nor  do  I 
find  that  any  other  person  have  been  in  possession  of  the  same. 
If  so  it  would  be  hard  for  the  Crown  not  to  reserve  such  right 
in  any  future  grant.  As  to  Sr.  Byby  Lake's  pretencons  for 
himself  and  the  others  menconed  in  his  Memorial  I  required 
some  proofe  of  the  assertions  of  their  right  to  the  lands  menconed 
therein  and  there  were  produced  to  me  a  conveyance  under  the 
hand  and  seal  of  Robert  West  Esq.  to  Sr.  Byby  Lake  by  vertue 
of  a  patent  dated  6th  Dec.  in  the  2nd  year  of  James  II  and 
several  authentick  copies  of  ancient  deeds  which  were  purchased 
of  Indians  and  English  certified  under  the  hand  and  seal  of  the 
Governour  of  the  Province  of  Massachusetts  bay  which  seem  to 
convey  a  very  good  title  to  the  Memorialists  of  the  particulars 
hereafter  menconed  (vizt.)  Rowsick  als.  Arrowsick  Island  lying 
on  the  East  side  of  Kennebeck  River  Nequeasitt  als.  Negwesseg 
als.  Negwassag  bounded  by  Sagadiock  River  on  the  Western 
side  thereof  one  great  Pond  lying  on  the  North  side  thereof  and 
the  River  commonly  called  Negwasseg  River  on  the  West  side 
thereof  And  all  houses  and  lands  in  Negwassett  bounded  by 
Sackrehock  River  on  the  West  or  Westerly  and  so  to  Merry- 
meeting  Creek  and  from  thence  to  the  Northwards  eight  miles 
up  into  the  country  and  from  thence  Easterly  to  Shipscott  River 
and  from  thence  to  a  place  called  Tapanegine  Southerly  and  from 
thence  all  along  Mounswaggen  Bay  and  so  along  to  Russeck  and 
from  Russeck  to  Tusseck  and  from  thence  to  Merrymeeting 
all  along  Sackrehock  River  All  lands  upon  the  River  of  Kennebeck 
the  bounds  and  limmitts  whereof  extend  from  the  Northmost 
of  a  certain  place  called  Caper  Sacantry  and  on  both  sides  of  the 
aforesaid  River  of  Kennebeck  reaching  ten  miles  into  the  woods 
on  each  side  of  the  said  River  Kennebeck  East  and  West  and  so 
extending  Southward  unto  a  certain  place  called  and  known  by 
the  name  of  a  swome  all  which  is  about  four  leagues  length 
South  and  North  All  lands  lying  on  both  sides  Kennebeck  River 
reaching  ten  miles  into  the  woods  on  each  side  of  the  River 
beginning  about  half  a  mile  above  Swam  Alley  extending  to  the 
Northmost  part  of  Caper  Secontie  als.  Caper  Sacantry  which  is 
in  length  up  and  down  the  River  about  12  or  14  miles  And  all 
lands  at  and  about  Teconock  als.  Tockonock  lying  and  being 
on  both  sides  of  the  said  River  Kennebeck  reaching  tenn  miles 
into  the  woods  beginning  at  the  lower  end  Neaguamer  als. 
Neguamkett  and  so  reaching  up  the  River  four  miles  above  the 
falls  of  Tockonock  All  lands  lying  in  and  about  Agnascorangan 
adjoyning  to  Kennebeck  River  on  the  Northwest  and  so  South 
westward  to  the  Southermost  Island  of  Negnomkey  and  six 
miles  from  Tockonock  falls  Northeastward  and  so  fifteen  miles 
all  along  from  the  said  River  Kennebeck  into  the  main  land 


AMERICA    AND    WEST    INDIES. 


127 


1717. 


Dec.  18. 


Dec.  18. 

Whitehall. 


Dec.   18. 

St.  James's. 


Dec.  18. 

Whitehall. 


Dec.  19. 


Southeastwards  and  all  houses  edifices  buildings  lands  grounds 
trees  timber  woods  underwoods  mines  minerals  feedings  pastures 
moors  marshes  swamps  meadows  'waters  watercourses  pooles 
ponds  lakes  rivers  brookes  cones  innletts  creakes  bays  fishing 
fowling  hawking  and  hunting  profitts  priviledges  advantages 
hereditaments  and  appurtts  whatsoever  in  the  North  East 
part  of  New  England  in  America.  And  the  Memorialists' 
Ancestors  were  at  great  ex  pence  in  improveing  and  maintaining 
the  premisses  but  were  unhappily  driven  from  thence  by  the 
Indians  and  some  of  them  particularly  the  said  Sr.  Byby  Lake's 
grandfather  destroyed  by  the  Indians  in  defence  of  their  posses- 
sions etc.,  and  the  Memorialists  have  been  at  great  expences  to 
improve  and  resettle  these  premisses  since  H.M.  happy  accession 
and  have  settled  a  great  many  families  thereupon  and  are  now 
in  quiet  possession  thereof.  I  am  therefore  humbly  of  opinion 
that  in  justice  and  equity  these  Memorialists  the  Duke  Hamilton 
Sr.  Bybye  Lake  and  Ann  the  wife  of  Increase  Mather  Edward 
Hutchinson  and  Josiah  Walco  are  entituled  also  to  a  reservation 
of  their  right  to  the  premisses  aforesaid  respectively.  Signed, 
Wm.  Thomson.  Endorsed,  Reed.,  Read  19th  Dec.,  1717.  3|  pp. 
[C.O.  5,  866.  No.  131  ;  and  5,  915.  pp.  70-77.] 

262.  Deposition  of  Mrs.  Wensley,  wife,  and  Mrs.  Low  daughter 
of  George  Wensley  Fishmonger  of  London.     In    1715   George 
Wensley  discovered  the  receipt  for  pickling  and  curing  sturgeon 
to  John  Plowman  who  had  no  other  knowledge  of  it  etc.     Signed, 
Anne  Wensley,  Anne  Low.     Endorsed,  Reed.   19th  Dec.,   1717, 
Read  24th  Jan.,  17]^.     J  p.     [C.O.  5,  866.     No.  134.] 

263.  Mr.   Popple   to   Mr.   Attorney   General.     Encloses   for 
his  opinion  in  point  of  law  two  Acts  pass'd  in  Virginia,  pro- 
hibiting the  unlawful  assembly  of  Quakers  and  concerning  foreign 
debts.  '  [C.O.  5,  1365.     p.  19.] 

264.  Order    of    King    in    Council.     Approving    draught    of 
Instructions  to  the  Governor  of  Jamaica,  presented  Oct.    llth 
(q.r.),  excepting  in  the  95th  Article  wherein  the  words  (That  is 
to  say  from  the  Saturday  to  the  Monday)  are  to  be  left  out,  etc. 
Signed,  Edward  Southwell.     Endorsed,  Reed.   30th,  Read  31st 
Jan.,    17|'.     H  pp.     [C.O.    137,    12.     No.    112;   and    138,    16. 
pp.  63-65;  and  5,  189.     p.  334(a)]. 

265.  Mr.  Popple  to  Mr.  Charles  Stanhope.     The  Council  of 
Trade  and  Plantations  desire  the  Lords  Commrs.  of  the  Treasury 
to  instruct  Mr.  Cratchrode  to  attend  the  Attorney  and  Solicitor 
General  with  such  papers  as  they  shall  furnish  him  with  in  order 
to  attend  in  behalf  of  H.M.  at  their  hearing  of  Col.  Codrington 
on  his  petition.     [C.O.  153,  13.     jip.  185,  186.] 

266.  Mr  Attorney    General    to   the   Council  of    Trade  and 
Plantations.     Reply  to  No.  232.     Mr.  Cockburn's  petition  (Nov. 
21st)  is  unadvisedly  framed,  for  that  H.M.  cannot  by  law  give  a 


128  COLONIAL    PAPERS. 

1717. 


direction  to  any  Court  for  to  rehear  any  cause  depending  therein, 
but  rehearings  are  granted  or  denyed  by  Courts  of  Equity  on  peti- 
tion of  the  parties  grieved  to  such  Court  as  shall  be  judged  proper. 
And  as  to  the  Instructions  given  to  the  Governour  mentioned 
in  the  petition,  whereby  he  is  restrained  from  allowing  of  an 
appeal  in  any  case  under  the  value  of  £500  sterling,  that  does 
restrain  the  "Governour  only  from  granting  of  appeals  under 
that  value,  Notwithstanding  which  it  is  in  H.M.  power,  upon  a 
petition  to  allow  nn  appeal  in  cases  of  any  value,  where  he  shall 
think  fit,  and  such  appeals  have  been  often  allowed  by  H.M., 
but  I  think  the  reference  to  your  Lordsps.  in  that  matter  is 
improper,  for  petitions  for  appeals  from  decrees  given  in  the 
Plantations  have  been  always  referred  to  a  Committee  of  the 
Council  for  hearing  the  causes  of  the  Plantations,  and  on  their 
report  that  it  is  proper  to  allow  the  appeal  prayed  for,  H.M.  in 
Council  has  usually  allowed  the  same  and  not  in  any  other  manner. 
I  have  perused  the  decree  and  think  the  petitioner  has  great 
hardship  therein,  and  that  upon  a  proper  application  he  may 
obtain  an  appeale  in  that  case.  Signed,  Edw.  Northey. 
Endorsed,  Reed.  20th  Dec.,  1717,  Read  20th  Jan.,  17||.  2J  pp. 
Enclosed, 

266.  i.  Copy  of  No.  218.  i. 

266.  ii.   Copy  of    Wm.   Congreve's   Patent  to   be    Secretary 

of  Jamaica. 

266.  iii.  Copy  of  Article  44  of  H.M.  Instructions  to  the 
Governor  of  Jamaica.  [C.O.  137,  12.  Nos.  110,  110 
i.-iii.  ;  and  (without  enclosures)  138,  16.  pp.  55-58.] 

Dec.  10.  267.  Mr.  Solicitor  General  to  Mr.  Popple.  Reply  to  No.  253. 
The  Act  about  fees  and  ferriages.  I  think  it  is  a  restraint  upon 
the  liberty  of  the  subject  in  selling  and  in  working  for  what  may 
be  judged  a  reasonable  price  or  hire  and  may  be  so  agreed  upon 
between  both  ptys.  and  may  be  more  than  this  Act  allows  yett 
the  penaltys  are  very  severe  upon  them  if  they  take  more  'tis 
reasonable  and  usual  in  most  countrys  to  omitt  the  fees  of 
publick  officers  But  whither  this  general  restraint  as  #lso  that 
no  ferrys  shall  be  sett  up  without  licence  be  for  the  service  of  the 
country  I  must  submitt  to  their  Lops.  The  Act  that  the  solemn 
affirmation  of  the  people  called  Quakers  shall  be  taken  instead  of  an 
oath  goes  further  than  is  allowed  to  them  in  England  they  cannot 
be  wittnesses  or  have  concern  in  criminal  causes  or  have  offices 
etc.  But  whither  the  necessity  in  that  country  may  not  require 
a  greater  indulgence  to  them  their  Lops,  best  know.  I  have  no 
objection  in  point  of  law  to  the  Act  to  enforce  the  ordinance  for 
establishing  fees  nor  to  that  for  exporting  wheate  etc.  out  of  the 
Eastern  division.  Signed,  Wm.  Thomson.  Endorsed,  Reed. 
20th  Dec.,  1717,  Read  21st  Jan.,  17J|.  1  p.  [C.O,  5,  971. 
No.  65  ;  and  5,  995.  pp.  421-423.] 

[Dec.  20.]  268.  Thomas  Coram  to  the  Council  of  Trade  and  Plantations. 
Some  remarks  upon  the  Solicitor  General's  report,  Dec.  18. 
The  underwritten  Thomas  Coram  prayes  to  say  That  as  there 


AMERICA    AND    WEST    INDIES.  129 

1717. 

was  never  any  grant  or  patent  to  the  Marquiss  of  Hamilton  for 
10,000  acres  within  this  tract  nor  any  manner  of  improvements 
by  him  made  on  any  lands  there  he  beleives  your  Lordships  will 
have  reason  to  declare  the  Duke's  pretentions  to  be  of  no  effect. 
The  conveyance  from  Robert  West  to  Sr.  Bibby  Lake  was  made 
since  the  late  Peace  and  got  on  purpose  to  prevent  this  settlement. 
Robert  West  could  have  no  power  to  make  conveyancy  of  any 
lands  there  if  his  kinsmen  in  whose  right  he  claim 'd  had  had  any 
good  title  himself,  for  that  all  those  lands  were  conquerd  by  the 
French  and  remaind  in  their  possession  many  yeares  in  peace 
and  in  warr  (as  may  appear  by  Lord  Bellemont's  letter  of  15 
July  1700)  and  stil  continud  to  the  French  until  recoverd  by 
conquest  1710  at  the  charge  of  the  Crowne  and  confirmd  to  it  by 
the  12th  Article  of  the  late  Peace.  Sr.  Bibby  Lake's  purchases 
of  single  Indians  cannot  be  of  any  value  for  those  single  Indians 
when  drunk  woud  for  a  bottle  of  strong  lequers  signe  any  paper 
presented  to  them  which  conveyancies  the  Tribe  will  never 
consent  to  and  that  was  the  true  cause  of  so  many  of  H.M. 
subjects  being  murderd.  Those  deeds  being  certified  under  the 
hand  and  seale  of  the  Govr.  of  the  Massachusets  Bay  is  something 
very  extreordenary  and  is  what  the  Govrs.  who  were  annually 
chosen  by  the  people  (and  not  by  the  Crowne)  would  not  have 
done  had  it  not  been  to  give  it  a  kind  of  a  coulour  of  right  to 
themselves  and  their  friends  for  the  Governour  of  the  Massa- 
chusets had  no  more  right  to  concern  themselves  with  any  land 
in  this  tract  than  the  people  of  Guarnezy  or  Jersey  have  to  the 
Highlands  of  Scotland.  If  those  grants  from  the  Indians  should 
be  confirmd  it  would  create  new  warrs  with  the  Indians  and 
make  it  impracticall  ever  to  settle  this  noble  tract  of  180  miles 
front  to  the  sea  for  raising  Naval  Stores  or  be  any  wayes  advan- 
tageous to  the  Crowne.  This  tract  of  land  is  not  desird  for  ye 
intrest  of  privat  persons  but  to  have  it  an  intire  Province  on  a 
better  foot  than  most  of  the  other  Plantations  for  ye  service  of 
H.M.  and  the  publick  benefits  of  the  Kingdome.  Signed,  Tho. 
Coram.  Endorsed,  Reed.,  Read  20th  Dec.,  1717.  Holograph. 
2  pp.  [C.O.  5,  866.  No.  132.] 

[Dec.  20.]  269.  Joseph  Micklethwaite,  Tho.  Reynolds  and  Anthony 
Cracherode  to  the  Council  of  Trade  and  Plantations.  Since  our 
Memorial  (Nov.  18),  we  have  been  advised  that  it  will  be  more 
acceptable  to  the  Governour  and  people  of  Barbadoes  that  we 
should  seek  redress  agt.  those  laws  from  themselves,  than  that 
we  should  endeavour  to  obtain  orders  to  be  sent  to  them  from 
hence,  for  wch.  reason  we  beg  leave  to  withdraw  our  sd.  memorial. 
Signed,  Jo.  Micklethwaite,  A.  Cracherode.  Endorsed,  Reed. 
Read  20th  Dec.,  1717.  J  p.  [C.O.  28,  15.  No.  27  ;  and  29,  13. 
p.  448.] 

Dec.  20.         270.     Daniel  Wescomb  to   Mr.   Popple.     Encloses  following. 
South  Sea     Signed,   Daniel   Wescomb.     Endorsed,   Reed.,   Read  20th  Dec., 
1717.     \p.     Enclosed, 

Wt.  441.  O.P.  9. 


130 


COLONIAL    PAPERS. 


1717. 


Dec.  21 

Jamaica. 


Dec.  21. 

Whitehall. 


270.  i.  Copy  of  Act  of  Jamaica  for  imposing  a  duty  on  exported 
negroes,  Aug.  31,  1717.     2J  pp. 

270.  ii.  Extract  of  letter  from  Agents  of  the  South  Sea  Company 

at  Jamaica  to  the  Court  of  Directors.  Give  instance 
of  payment  of  above  duty  by  a  ship  merely  calling 
at  the  port.  By  this  new  Law,  if  your  vessels  come 
in  sight  of  Jamaica  (for  some  of  the  Cays  belonging  to 
it  are  almost  out  of  sight  of  it)  they'l  expect  the  duty 
of  405  pr.  head,  etc.  The  people  in  this  Country  deem 
all  laws  to  be  good  (tho  H.M.  should  reject  them  at 
home)  to  the  time  his  pleasure  is  known  here.  1  p. 
[C.O.  137,  12.  Nos.  104,  104  i.,  ii. ;  and  (without 
enclosures)  138,  16.  p.  31.] 

271.  Peter  Heywood,  Commander  in  Chief  of  Jamaica,  to 
the  Council  of  Trade  and  Plantations.     Refers  to  letter  of  llth 
Oct.     Continues  : — I  think  the  pyrates   daily  increase  takeing 
and  plundering  most  ships  and  vessells  that  are  bound  to  this 
Island  severall  of  which  they  keep  particularly  the  Mary  of 
Bristoll  with  all  her  cargoe,  three  of  them  have  very  lately 
landed  on  the  Leewd.  part  of  this  Island  abused  the  inhabitants 
and  took  away  what  they  thought  for  their  purpose,  so  that 
no  ships  that  are  bound  for  Great  Brittain  dare  stirr  without  a 
convoy  which  made  me  with  the  Councill  address  Capt.  Candler 
to  stay  in  these  seas,  and  convoy  the  ships  now  ready,  that  Capt. 
Reynolds  in  the  Adventure  might  have  time  to  careen  wch.  he 
writt  me  would  take  at  least  two  months  the  greatest  part  of 
his  sheathing  being  decayed  and  the  uncertainty  when  Capt. 
Jacob  might  return  from  La  Vera  Crux.     Signed,  Peter  Heywood. 
Endorsed,  Reed.,  Read  10th  March,  1717.     2  pp.     [C.O.  137,  12. 
No.  123  ;  and  138,  16.     pp.  96,  97.] 

272.  Council    of    Trade    and    Plantations    to    the    King. 
Representation  upon  petition  of  South  Sea  Company,   3lst  Oct. 
We  have  carefully  perused  the  Act  of  Jamaica  complained  of, 
to  impose  dutys  on  several  commoditys  to  defray  the  extraordinary 
charge  of  the  Government,  wch.  contains  many  matters  and  clauses 
liable  to  objection  besides  those  complain 'd  of  by  the  South  Sea 
Company  ;  and  we  shou'd  have  some  time  since  laid  before  your 
Majesty  our  opinion,  concerning  this  Act,  if  the  same  had  not 
been  expir'd  ;  But  considering  what  has  been  lately  offered  to  us 
by  the  petitioners  on  this  occasion,  relating  to  a  design  of  renewing 
the  said  Act  from  time  to  time  ;  we  shall  in  the  first  place  humbly 
inform  your  Majesty  of  the  state  of  the  matter  now  in  question, 
as  it  appears  to  us  from  the  arguments  that  have  been  offer'd 
by  some  Directors  of  the  South  Sea  Company  in  support  of  their 
petition  on  the  one  part  and  from  the  facts  and  usage  alledg'd 
by  several  gentlemen  and  planters  of  the  Island  in  justification 
of  the  duty  laid  by  this  Act  on  the  other  side  ;  after  which  we 
shall  make  our  observations  on  such  other  parts  of  the  sd.  Act 
as   to   us    appear   highly   unreasonable.     The    Company   have 
produc'd  to  us  extracts  of  sevl.  letters  from  their  Agents,  whereby 


AMERICA    AND     WEST     INDIES.  131 

1717. 

it  appears,  that  this  duty  has  been  demanded  of  them,  not  only 
for  the  negros  bought  in  the  Isld.  but  likewise  for  such  as  have 
been  landed  there  for  refreshment  and  recovery  of  their  health, 
and  also  for  those  who  have  put  into  port,  tho'  they  never  sett 
foot  on  shore,  wch.  the  Company  conceive  to  be  as  unreasonable 
as  if  a  duty  shoud  be  laid  on  all  ships  that  put  into  the  Island 
for  wood  and  water,  a  liberty  that  has  never  been  refus'd,  even 
to  foreigners  in  amity  with  your  Majesty  in  any  part  of  your 
Dominions.  The  Directors  did  not  seem  to  think  themselves 
so  much  aggriev'd  by  the  duty  on  Exportation  of  negros  bought 
in  Jamaica,  as  on  the  re-exportation  of  those  brought  in  for 
refreshment  and  the  tax  upon  such  as  were  never  landed,  tho' 
they  do  conceive  that  they  ought  to  be  free  from  dutys  in  all 
these  cases,  because  there  were  no  dutys  in  Jamaica  on  the 
exportation  of  negros  at  the  time  of  making  the  Assiento  contract, 
which  being  a  publick  and  national  agreement  between  the  Crowns 
of  Great  Britain  and  Spain,  they  do  conceive  it  wou'd  be  very 
unreasonable  that  they  shou'd  be  renderd  less  capable  to  perform 
the  same  by  any  law  made  subsequent  to  the  said  contract  more 
especially  in  the  Plantations,  whereby  the  trade  of  the  Mother 
Kingdom  will  be  affected.  They  did  likewise  further  alledge 
that  they  had  reason  to  believe  the  present  duty  was  the  effect 
of  some  persons'  resentment  there,  whom  the  Company  had 
refus'd  to  employ  as  their  Agents  ;  For  altho'  there  had  formerly 
been  such  a  duty  in  Jamaica  yet  it  had  been  discontinued  (as 
they  were  informd)  for  8  or  9  years  past  as  being  found  incon- 
venient for  the  Island.  But  since  they  found  themselves  thus 
hardly  treated  they  had  already  orderd  three  of  their  ships  to 
touch  at  Barbados  instead  of  Jamaica,  and  shou'd  be  oblig'd  to 
give  the  like  orders  to  all  the  rest,  if  this  duty  be  continued  ; 
Whereby  the  Island  wou'd  be  depriv'd  of  the  many  advantages 
the  people  of  Jamaica  do  at  present  reap  from  the  Company's 
ships  touching  there,  and  which  are  very  considerable  not  only 
upon  account  of  the  great  expence  their  sailors  make  there,  whom 
they  pay  in  the  Island,  but  likewise  by  reason  of  ye  refreshments 
bought  there  for  the  negros  ;  and  because  this  trade  doth 
necessarily  occasion  greater  numbers  of  vessels  to  come  to  the 
Island  from  H.M.  Plantations  on  the  Continent  of  America  with 
provisions,  wch.  causes  a  great  circulation  of  Trade  there  ; 
Besides  that  the  Company  do  frequently  hire  sloops  in  the  Island 
for  transporting  their  slaves  after  they  are  refresh 'd  to  the 
Spanish  Continent,  and  their  own  ships  being  oblig'd  either  to 
return  home  empty  or  accept  of  a  moderate  freight,  the  inhabi- 
tants of  Jamaica  do  thence  obtain  an  opportunity  of  sending 
home  the  product  of  their  Island  on  much  cheaper  terms  than 
formerly.  On  the  other  hand,  the  Gentlemen  of  Jamaica,  who 
have  attended  us  in  behalf  of  the  Island,  do  say,  that  the  Assiento 
being  soley  in  the  South  Sea  Company,  exclusive  of  all  inter- 
lopers, is  a  great  detriment  to  Jamaica,  where  formerly  the 
inhabitants  had  a  considerable  trade  in  negros  by  connivance 
to  the  Spanish  Coast — That  it  is  absolutely  necessary  for  the 
support  of  the  Government  of  Jamaica  to  raise  taxes  on  the  Trade 


132  COLONIAL    PAPERS. 

1717. 

as  well  as  the  inhabitants  there — That  Sr.  James  Castile,  who  in 
King  Charles  the  second's  and  in  King  James  the  second's  reigns 
had  the  Assiento  to  himself  and  Company  being  Portugueeze, 
always  paid  the  said  duty  now  complaind  of  ;  and  that  the  same 
has  at  different  times  been  laid  by  Additional  Duty  bills  for  these 
20  years  past — That  Sr,  James  paid  as  well  for  those  negros 
that  were  landed  only  for  refreshment  as  others — That  the  same 
duty  was  paid  by  the  inhabitants  of  Jamaica,  even  when  they 
carry'd  negros  to  New  York  or  any  other  of  the  Plantations 
belonging  to  Great  Britain — That  the  present  Assiento  takes 
away  the  best  negros  from  Jamaica  to  the  Spaniards,  leaving 
only  the  worst  for  the  use  of  your  Majesty's  subjects,  unless  they 
give  as  high  a  price  as  the  Spaniards,  which  occasions  great 
inconvenience   and  expence  to  the  Planters — That  as  to   the 
advantages  wch.  the  Company  do  affirm  the  Island  dos  receive 
from  their  Trade  they  woud  much  rather  forego  the  same  than 
be  depriv'd  of  the  liberty  of  laying  impositions  in  such  manner 
as  may  inable  them  to  support  the  necessary  expences  of  the 
Govt.  by  methods  least  grievous  to  the  inhabitants.     Upon  due 
consideration  therefore  of  all  that  hath  been  offer 'd  on  both  sides 
in  relation  to  this  affair,  We  are  humbly  of  opinion  that  how 
just  soever  it  may  be  that  the  people  of  Jamaica  shou'd  be  left 
at  liberty  to  lay  such  dutys  as  they  shall  think  necessary  for  the 
support  of  your  Majesty's  Government  there  on  negros  bought 
in  their  own  Island,  it  cannot  be  reasonable,  that  they  shou'd 
lay  a  tax  upon  negros  landed  there  by  the  South  Sea  Company 
for  refreshment,  and  much  less  on  such  as  do  only  put  into  their 
harbours  for  wood  and  water,  because  this  wou'd  be  an  oppression 
upon  the  South  Sea  Company  and  consequently  support  Jamaica 
at  the  expence  of  the  British  Trade,  nor  can  precedents  of  the 
like  duty  drawn  from  former  times,  whilst  the  Assiento  was  in 
the  hands  of  foreigners  in  any  sort  justify  the  like  proceeding  in 
the  present  case,  the  sd.  contract  being  now  vested  in  your 
Majesty's  own  subjects  in  whose  loss  or  gain,  the  whole  Kingdom 
of  Great  Britain  is  immediately  concernd  ;  And  therefore  we 
humbly  offer  that  your  Majesty's  pleasure  be  signify'd  to  the 
Governor  of  Jamaica,  that  he  do  not  pass  any  law  for  the  future, 
that  shall  lay  a  duty  upon  the  re-exportation  of  negros  that 
have  been  brought  thither  only  for  refreshment,  and  much  less 
on  such  as  touch  in  the  ports  of  Jamaica  without  landing  there. 
And  now  we  shall  beg  leave  to  mention  some  other  objections 
to  this  Act : — That  it  lays  a  higher  duty  upon  the  trade  and 
shipping  of  all  other  your  Majesty's  subjects,  than  those   of 
Jamaica.     That  the  inhabitants  of  the  two  parishes  of  St.  Jago 
de  la  Vega  and  Kingston  are  to  pay  I2d.  pr.  pound  for  the  rent 
of  every  house,  altho'  the  rest  of  the  Island  is  not  charg'd  with 
any  tax  on  that  account,  and  we  cannot  conceive  why  those 
particular  parishes  shou'd  be  distinguish 'd  in  this  manner  from 
the  rest.     That  by  this  Act  Commissioners  are  appointed  to 
receive  and  to  distribute  the  mony  arising  thereby  with  an 
allowance   of   7|   p.c.,   in   diminution   of  your  Majty's.   Royal 
Prerogative   and  in   prejudice   of  the   Receiver   General,   your 


AMERICA    AND    WEST    INDIES.  133 

1717. 

Majesty's  Patent  Officer,  these  Commissrs.  are  to  give  bond  of 
£8000  for  the  due  execution  of  the  Act ;  and  notwithstanding 
they  shall  have  perform 'd  all  that  is  requir'd  by  the  Act  and  by 
consequence  the  bond  become  void,  it  is  not  to  be  cancell'd  but 
in  the  presence  of  the  President  of  the  Council  and  of  the  Speakers 
of  the  Assembly,  and  if  any  person  shall  presume  to  do  or  advise 
the  contrary,  they  shall  forfeit  double  the  penalty  of  the  bond, 
without  allowing  any  pardon  or  non  vult  ulterius  prosequi.  Be- 
sides in  several  other  clauses  of  this  Act,  your  Majesty's  pre- 
rogative of  pardon  or  granting  a  non  vult  ulterius  prosequi  is 
taken  away.  In  order  therefore  to  prevent  such  inconveniencys 
and  absurditys  for  ye  future  ;  We  are  humbly  of  opinion,  it  may 
be  convenient  your  Majesty's  Governor,  of  Jamaica  shou'd  be 
made  acquainted  with  the  objections  we  have  to  this  Act,  and 
be  particularly  injoin'd  carefully  to  observe  the  several  Instruc- 
tions given  him  by  your  Majty.,  with  relation  to  the  passing  of 
laws  in  that  Island,  more  especially  in  such  cases  where  your 
Majesty's  Royal  Prerogative  or  the  Trade  of  Great  Britain  may 
be  any  ways  affected,  wch.  precaution  will  be  still  more  necessary 
in  the  passing  of  mony  bills,  than  those  of  any  other  nature, 
because  generally  they  have  their  duration,  but  for  one  year  and 
frequently  have  their  effect  before  your  Majesty's  royal  pleasure 
can  be  known  concerning  them.  P.S. — Since  the  close  of  the 
foregoing  Representation,  we  have  reced.  a  further  information 
from  the  South  Sea  Company,  that  the  foremention'd  Act  was 
renew'd  in  Augt.  last,  and  the  former  duty  of  20s.  on  negros 
continued  with  an  addition  of  20s.  more  on  ye  negros  belonging 
to  the  South  Sea  Company  only.  [C.O.  138,  16.  pp.  32-43.] 

Dec.  23.  273.  Mr.  Attorney  General  to  the  Council  of  Trade  and 
Plantations.  Reply  to  No.  216.  The  said  Additional  Act  of 
Barbados  is  to  constitute  a  new  Commissioner  and  a  new  Marshal 
(those  mentioned  in  the  first  Act  being  dead  or  removed)  to 
execute  the  powers  in  the  original  and  this  Additional  Act,  in 
part  executed  or  not  executed.  And  provides  several  remedies 
where  moneys  bid  on  sales  at  outcrys  pursuant  to  the  first  Act 
have  not  been  paid,  and  lays  several  penalties  on  such  bidders 
not  paying  what  they  shall  have  bid,  and  impowers  a  person  to 
bid,  in  behalf  of  the  Government,  where  no  person  appears  to  bid, 
by  which  I  apprehend  is  meant  a  real  bidder  ;  for  in  the  oath 
of  the  person  impowered  to  bid,  he  swears  he  will  not  bid,  but 
where  no  other  person  will  bid,  or  unless  a  person  shall  endeavour 
to  purchase  the  lands  at  an  under  rate,  and  swears  he  will  not 
exceed  in  such  bidding  two  thirds  of  what  he  shall  in  his  conscience 
esteem  the  land  to  be  worth,  which  seems  to  be  a  penalty  on  the 
owner  for  keeping  away  bidders.  Otherwise  I  don't  see  why  the 
bidder  should  not  give  the  value  of  the  estate.  And  the  said 
Additional  Act  gives  several  powers  for  the  better  executing 
the  design  of  the  former  Act,  which  was  to  discharge  the  debts 
and  engagements  contracted  by  reason  of  an  Act  to  supply  the 
want  of  cash  etc.  (commonly  called  the  Paper  Act)  which  was 
repealed  by  her  late  Majestic,  and  I  have  no  objection  in  point 


134  COLONIAL  PAPERS. 

1717. 

of  law  agst.  the  said  Additional  Act,  There  is  therein  a  pritty 
extraordinary  punishment  on  persons  bidding  for  lands  which 
they  were  then  incapable  of  paying  for,  vizt.  imprisonment  for 
a  year,  to  be  set  in  the  pillory,  and  to  have  their  ears  cut  off,  but 
that  being  only  for  persons,  who  knew  their  own  inabilities 
I  have  no  objection  thereto.  Signed,  Edw.  Northey.  Endorsed, 
Reed.  24th  Dec.,  1717,  Read  2nd  Jan.,  17H-  ]i  PP-  [c-°-  28> 
15.  No.  28  ;  and  29,  13.  pp.  444-446.] 

Dec.  23.         274.     Josiah  Willard,  Secretary  to  the  Massachusetts  Bay, 
Boston,       to  Mr.  Popple.     I  have  thought  it  proper  to  advise  you  of  my 

N.  England.  arrjvai  here,  that  (if  it  be  necessary)  the  Lords  Commissioners 
may  know  that  I  am  no  longer  absent  from  my  post,  etc.  I  must 
use  this  opportunity  of  recommending  to  you  an  affair  in  wch. 
I  am  deeply  interested.  The  first  Act  of  the  Assembly  of  this 
Province  relating  to  fees  was  made  in  the  fourth  year  of  William 
and  Mary,  and  among  other  articles  referring  to  the  Secretaries 
fees  are  these  two  Every  Order  of  Council  for  the  benefit  of 
particular  persons  2/6.  Every  petition  to  the  Governor  and 
Council  or  Genl.  Assembly  from  2/6  to  10/s.  In  the  first  year 
of  his  present  Majtie's.  reign  an  Act  pass'd  entituled  an  Act 
in  addition  to  an  Act  for  regulating  fees,  the  words  of  wch.  are  as 
follows,  Whereas  in  the  aforesaid  Act  there  is  not  mention  made 
of  the  fees  to  be  taken  for  many  things  wch.  may  from  time  to 
time  be  enter'd,  recorded,  registered  and  copied  either  in  the 
Secretaries  or  Clerks  Offices  of  the  several  Courts  within  this 
Province  ;  Be  it  therefore  enacted  etc.  that  no  officer  whatsoever 
shall  ask,  demand  and  take  any  more  than  12  pence  a  page  for 
the  entering,  recording  registring  and  copying  all  and  every 
matter  and  thing  whatsoever.  The  design  of  wch.  Act  was  not 
only  to  prevent  any  demand  of  extravagant  fees,  but  also  to  state 
and  appoint  fees  for  such  work  as  was  never  in  any  former  Acts 
mentioned,  as  is  plain  both  by  the  Preamble  of  this  Act,  and  by 
the  consequent  practice  of  the  House  of  Representatives,  who 
pass'd  Mr.  Woodward  the  late  Secretaries  accts.  without  the 
least  demur,  in  wch.  he  charges  twelve  pence  a  page  for  entering 
and  copying  the  public  transactions  of  the  Governmt.  In  the 
Sessions  of  the  Assembly  held  in  May  last  an  Act  pass'd  entituled 
an  Act  in  addition  to  and  explanation  of  two  Acts  (the  Acts  before 
mentioned).  The  body  of  wch.  Act  is  in  these  terms  ;  viz.,  Be 
it  enacted  etc.  that  no  fee  whatsoever  shall  be  due  or  demanded 
in  the  Secretaries 'Office,  for  any  Order  of  the  Govr.  and  Council 
for  the  payment  of  any  public  debts  of  and  from  the  Government : 
and  that  the  fee  for  any  petition  to  the  Govr.  and  Council  referring 
to  any  debt  of  the  Province  as  aforesaid  be  2  /6  and  no  more  : 
that  no  fee  whatsoever  shall  be  due  or  demanded  in  the  said 
Office  for  any  other  copies  or  cppying  than  such  as  are  taken 
from  fair  entries,  registers  or  records,  and  those  only  for  a  private 
use  and  not  for  the  service  of  the  Governmt.  This  Act  is  really 
a  repeal  of  the  two  former  Acts.  The  Act  with  some  others  is 
sent  Home  for  the  Royal  Assent  etc.  I  hope  their  Lordships 


AMERICA    AND    WEST    INDIES.  JU5 

1717. 

will  be  so  good  Guardians  of  such  offices  as  are  in  H.M.  gift  as 
not  to  think  Acts  of  that  kind  fit  to  pass  ;  for  by  the  last  clause 
of  this  Act  the  heaviest  and  most  troublesome  business  in  the 
Secretaries  Office  must  be  done  without  the  least  consideration 
of  profit ;  and  the  salary  is  so  scandalously  small,  as  not  to  amount 
to  more  than  £40  sterling.  Besides  I  cannot  think  it  in  the  power 
of  the  Governmt.  here  to  take  off  the  fees  of  any  offices  that  are 
held  by  Lettrs.  Patent  under  the  Great  Seal,  after  they  have  by 
their  own  Acts  stated  and  settled  them.  I  entreat  your  friendship 
in  making  a  proper  representation  of  the  great  injury  done  to  the 
Secretaries  Office  by  this  Act.  Please  to  give  my  service  to 
Mr.  Bamfield,  and  assure  him  that  if  I  can  be  useful  to  him  in 
anything  that  may  fall  in  my  way  on  this  side  the  water,  I  shall 
very  readily  embrace  the  opportunity  etc.  Signed,  Josiah  Willard. 
Endorsed,  Reed.  25th  Feb.,  Read  4th  March,  17j^.  Addressed. 
Holograph.  2pp.  [C.O.  5,  866.  No.  141  ;  and  5,  915.  pp.  93-96.] 

Dec.  24.  275.  Mr.  Attorney  General  to  the  Council  of  Trade  and 
Plantations.  Reply  to  queries  of  No.  213.  I  do  most  humbly 
certifie  your  Lordships  that  by  the  Charter  of  King  Charles  II, 
dated  the  10th  of  October  in  the  28th  year  of  his  reign,  H.M.  did 
grant  and  declare,  that  the  Governour  and  Council  of  Virginia 
for  the  time  being,  and  in  the  absence  of  the  Governour,  the 
Deputy  Governour  and  Council  or  any  five  or  more  of  them 
(whereof  the  Governour  or  his  Deputy  to  be  always  one)  should 
have  full  power  and  authority  to  hear  and  determine  all  treasons, 
murthers,  felonies  and  other  offences  to  be  committed  or  done 
within  the  said  Government,  so  as  they  proceed  therein  as  near 
as  may  be  to  the  Laws  and  Statutes  of  England  ;  By  which  H.M. 
did  erect  a  Court  in  the  Governour  and  Council  of  Virginia  for 
the  time  being  with  power  to  take  cognizance  of  all  crimes  what- 
soever, and  did  no  more  thereby  than  what  the  Crown  does  in 
all  cases  erecting  Courts,  and  might  and  may  notwithstanding 
such  grant,  appoint  other  Courts,  who  shall  have  concurrent 
jurisdiction  with  that  Court,  for  the  Crown  hath  not  thereby 
excluded  it's  authority  of  erecting  other  Courts  of  the  like  nature. 
But  by  the  Book  entituled  The  Laws  of  Virginia  now  in  force, 
published  in  the  year  1662  before  the  making  of  that  Charter, 
it  does  appear,  that  there  was  a  Court  in  Virginia  called  the 
General  Court  held  before  the  making  of  those  Letters  Patents, 
which  must  be  presumed  to  have  been  erected  by  some  former 
Letters  Patents  ;  For  by  the  19th  Act  it  appears,  that  the  General 
Court  was  before  called  Quarter  Courts,  and  by  that  Law  the 
name  is  changed  from  Quarter  Courts  to  that  of  General  Courts, 
etc.  ;  And  in  the  24th  chapter  for  the  regulating  the  proceedings 
in  that  Court  it  is  enacted,  that  all  criminal  causes  that  concern 
either  life  or  member,  shall  be  tryed  at  the  General  Courts,  only 
the  fourth  day  of  the  said  Courts,  Which  I  am  of  opinion,  did 
not  in  any  sort  restrain  criminal  causes  to  be  tryed  in  other  Courts, 
but  did  provide  that  all  criminal  causes  that  should  be  tryed 
at  the  General  Courts,  should  be  tryed  only  on  the  fourth  day 
of  the  said  Courts.  Several  of  the  subsequent  laws  therein  are 


136  COLONIAL    PAPERS. 

1717. 


touching  the  proceedings  of  that  and  other  Courts  then  in  being. 
The  next  Act  taken  notice  of,  was  made  23rd  Oct.,   1705,  for 
establishing   the   General   Court,    whereby    for    continuing,    con- 
stituting and  erecting  competent  Courts  it  is  enacted,  that  at 
some  certain  place,  to  be  lawfully  appointed,  and  at  such  times 
as  in  the  Act  is  directed,  there  should  be  held  one  principal 
Court  of  Judicature  for  Virginia,  which  should  be  and  is  thereby 
establisht  by  the  name  of  the  General  Court  of  Virginia,  and 
shall  consist  of  H.M.  Governour  or  Commander  in  Chief,  and 
the  Council  for  the  time  being  (any  five  of  them  to  be  a  quorum) 
and  they  are  thereby  declared  and  appointed  Judges  or  Justices 
to  hear  and  determine  all  suits  and  controversies,  that  should 
be  depending  in  the  said  Court.     Which  was   a  further  Act 
confirming  the  General  Court  and  the  Judges  therein,  which  in 
no  sort  excludes  H.M.   power  of  appointing  other  Courts  of 
concurrent  jurisdiction.     And  in  the  said  Act  there  are  divers 
rules  for  governing  the  Judges  and  suitors  in  their  proceedings, 
and  also  a  clause  taking  notice  that,  forasmuch  as  several  fines 
and  forfeitures  by  that  and  several  other  Acts,  were  or  might 
be  directed  to  be  recovered  in  any  Court  of  Record,  it  is  by  that 
Act  declared,  that  the  General  Court  and  the  County  Courts 
should  be  deemed  and  taken  to  be  the  only  Courts  of  Record 
in  that  Dominion,  and  that  no  other  Court  or  Courts  whatsoever 
should  be  construed,  deemed  or  taken  to  be  such  ;  Which  I  am 
of  opinion  did  not  carry  any  restriction  to  H.M.  from  making 
other  Courts  of  Record,  but  that  forfeitures  to  be  recovered  by 
Act  of  Assembly  in  Courts  of  Record,  should  be  recovered  in 
those   Courts   therein   mentioned.     Besides   by   the   Act   made 
25th  Oct.  in  the  ninth  year  of  the  reign  of  Her  late  Majesty 
Queen  Anne  for  explaining  the  aforementioned  Act,  it  is  enacted, 
that  nothing  in  that  Act  contained  should  be  construed,  deemed 
or  taken  to  derogate  from,  lessen  or  abridge  the  Royal  power 
of  H.M.  her  heires  and  successors,  of  granting  commission  or 
commissions  of   Oyer  and  Terminer  and  of  constituting  and 
erecting  such  other  Court  or  Courts  of  Record,  as  H.M.,  her 
heires  or  successors,  by  Her  or  their  commission  or  commissions, 
instruction  or  instructions  to  Her  or  their  Governr.  or  Commander 
in  Chief  of  that  Colony  and  Dominion,  for  the  time  being,  should 
direct,  order  or  appoint.     By  which  it's  most  plain,  that  not- 
withstanding the  being  of  the  General  Court  with  such  powers 
as  aforesaid,  even  by  the  words  of  that  Act  the  power  of  appointing 
special  commissions  of  Oyer  and   Terminer  etc.,  was  and  is  in 
the  Crown,  and  is  well  given  to  the  Governour  by  his  commission  ; 
And  in  such  special  commissions  of  Oyer  and  Terminer,  such 
persons    may    be    appointed    Commissioners    therein,    with    or 
exclusive  of  the  Council  there  ;  But  I  am  of  opinion,  the  Governr. 
or  Lt.  Governr.  and  Council,  being  appointed  Judges  of  the 
General  Court,   H.M.   Governour  by  vertue  of  any  power  or 
authority,  cannot  constitute  or  impower  any  other  persons  to 
be  Judges  in  that  Court,  that  Court  and  the  Judges  thereof 
being  constituted  by  Letters  Patents,  and  confirmed  by  Act  of 
Assembly.     I  have  considered  the  objections  made  against  H.M. 


AMERICA    AND    WEST    INDIES.  137 

1717. 

power,  and  so  far  as  they  are  founded  upon  the  Charter  or  Acts 
of  Assembly,  I  have  hereinbefore  given  my  opinion  thereon  ; 
What  remain  are  only  arguments  ab  inconvenienti  and  from  the 
fatal  consequences  represented  to  be,  if  a  Governr.  should  have 
power  to  appoint  Judges  to  try  people  for  their  lives  ;  To  which 
I  am  of  opinion,  they  are  not  arguments  against  the  power  but 
against  the  use  of  it,  and  peradventure  in  case  of  bad  Governours 
there  might  be  such  consequences  at  a  distance  from  England, 
And  in  regard  by  the  Act  of  1705  the  General  Court  is  to  be  held 
the  15th  April  and  the  15th  Oct.  and  to  continue  for  18  days, 
H.M.  may  be  pleased  for  the  preventing  of  inconveniencies,  and 
quieting  the  minds  of  His  subjects  there,  by  His  Instructions  to 
the  Gove,rnour,  to  restrain  his  power  of  issuing  special  Com- 
missions of  Oyer  and  Terminer,  except  in  cases  of  extraordinary 
emergencies,  and  in  the  vacancy  of  the  General  Court.  Signed, 
Edw.  Northey.  Endorsed,  Reed.  24th,  Read  31st  Dec.,  1717. 
4f  PP-  [C.O.  5,  1318.  No.  41  ;  and  5,  1365.  pp.  29-36.] 

Dec.  24.  276.  Accounts  of  the  victualling  of  the  Garrison  at  Annapolis 
Royal,  25th  June— 24th  Dec.,  1717.  30  pp.  [C.O.  217,  38. 
No.  2.] 

Dec.  24.         277.     Mr.  Carkesse  to  Mr.  Popple.     Reply  to  18th  Oct.  (q.v.) 
Customo  ho.,  The  Commrs.  having  formerly  received  an  accompt  that  foreign 
sugars  etc.  were  frequently  imported  into  H.M.  Plantations  and 
from  thence  brought  to  Great  Britain,  and  entred  as  sugars  etc. 
of  H.M.   Plantations   they   directed   the   Collectrs.   and  Naval 
officers  in  the  several  Plantations,  in  order  to  prevent  frauds 
in  the  importing  such  goods  into  this  Kingdom,  to  give  this 
Board  notice  from  time  to  time  when  any  should  be  ship'd  from 
their  respective   districts   for   this   Kingdom,   whereby,   if  the 
officers  in  the  Plantations  do  transmit  such  accompt  as  is  directed, 
all  foreign  sugars  etc.  on  importation  into   Great  Britain,  will 
be  obliged  to  pay  such  Customs  as  the  Law  directs.     And  the 
Commrs.  having  read  and  considered  the  said  Act,  have  directed 
me  to  transmit  to  you  their  observations  thereon  which  are 
enclosed.     The  Commrs.  have  also  directed  me  to  acquaint  you, 
.that  Mr.  Perrie  late  Surveyr.  Genii,  of  Barbados  and  ye  Leeward 
Islands  did  some  time  since  inform  them  that  the  Governr.  and 
Assembly  of  Antego  had  voted  an  Address  to  H.M.  for  obtaining 
four  places  to  be  appointed  in  that  Island  for  collecting  the  duties 
of  4J  p.c.,  which  permission  would  not  only  very  much  encrease 
the  charge  of  management  in  that  Island,  but  be  of  other  ill 
consequences  to  the  Revenue  there.     Wherefore  the  Commrs. 
desire  they  may  have  an  opportunity  to  give  their  opinion,  if  there 
shall  be  occasion,  before  any  Order  goes  for  appointing  those 
places  etc.     Signed,  Cha.  Carkesse.     Endorsed,  Reed.  24th  Dec., 
1717,  Read  21st  Jan.,  17f|.     Addressed.     1J  pp.     Enclosed, 
»277.  i.  Observations  by  the  Commissioners  of  Customs  on  an 
Act  past  in  Antigua  19th  June,   1716.     (i.)  The  pro- 
hibiting the  importation  of  foreign  sugars  etc.  into  the 
said  Island  will  lessen  H.M.  Revenue  there  granted 


138 


COLONIAL    PAPERS. 


1717. 


by  an  Act  past  in  the  said  Island  1715  which  is  repeated 
by  the  said  Act  of  1716.  (ii.)  The  clause  impowering 
the  Treasurer  of  ye  Islands  or  Deputies  appointed  by 
him  to  seize,  in  case  of  the  neglect  or  refusall  of  the 
Officer  of  the  Customs  for  the  space  of  four  hours  after 
information  shall  be  given  seems  to  disqualifie  the 
Officers  of  the  Customs,  on  one  single  neglect  or  refusal 
for  ever,  tho'  they  should  be  necessarily  employed  in 
the  execution  of  some  other  part  of  their  duty,  (iii.)  The 
penalty  of  felony  laid  upon  any  shipper  or  master  of 
ship  etc.  who  shall  resist  the  officers  in  the  execution 
of  this  Act,  seems  very  severe  and  no  way  adequate 
to  the  offence,  (iv.)  The  clause  directing  the  Treasurer 
to  pay  for  all  sloops  or  boats  which  shall  be  lost  in 
putting  this  Act  in  force,  the  damage  to  be  adjusted 
by  two  persons  one  chose  by  the  Treasurer  and  the 
other  by  the  owner,  does  not  make  any  provision,  for 
adjusting  the  damage,  in  case  the  parties  so  chosen 
do  not  agree.  1  p.  [0.0.  152,  12.  Nos.  60,  60  i.  ; 
and  153,  13.  pp.  191-194.] 

Dec.  25.         278.     H.M.  Commissions  to  Thomas  Mathews  to  be  second 
St.  James's.    Lieutenant,   and   to   Thomas   Ockold   to   be   third   Lieutenant 

of  the  Independant  Company  of  Foot  in  the  Bahama  Islands. 

[0.0.  324,  33.     p.  117.] 

Dec.  25.  279.  Petty  expences  of  the  Board  of  Trade,  postage, 
stationery  etc.  from  Michaelmas  to  Christmas,  1717.  4  pp. 
[0.0.  388,  77.  Nos.  40,  42,  44.] 


Dec.  27. 

Admty. 
Office. 


280.  Mr.  Burchett  to  Mr.  Popple.  My  Lords  Commissrs. 
of  the  Admiralty  having  received  a  letter  from  Mr.  Nicholas 
Coleman  dated  at  Jamaica  20th  March  17jf ,  by  which  he  com- 
plains that  the  present  Govr.  hath  taken  from  him  the  keys  of 
H.M.  Naval  Storehouse  there,  send  you  enclosed  letter  and  agree- 
ment made,  by  direction  of  the  then  Board  of  Admiralty,  with 
Mr.  Coleman,  for  repairing  the  storehouse,  and  desire  the  Lords 
Commissrs.  of  Trade  and  Plantations  to  send  directions  to  the 
Governor,  not  only  to  cause  the  key  of  the  storehouse,  but  the 
storehouse  itself  to  be  put  into  his  possession  etc.  Signed, 
J.  Burchett.  Endorsed,  Reed.  27th,  Read  31st  Dec.,  1717. 
1  p.  Enclosed, 
280.  i.  Extract  of  letter  from  Capt.  Balchen,  H.M.S.  Diamond, 

to  Mr.  Burchett,  4th  May,   1716.     Encloses  following 

etc.     1  p. 
280.  ii.  Copy  of  agreement  made  between  Capt.  Balchen  and 

Mr.  Coleman.     The  Naval  Storehouse  at  Kingston  is 

left  in  Mr.  Coleman's  hands  for  repairs,  etc.     26th  Feb., 

1715.     Signed,  John  Balchen,  Nicho.  Coleman.     2  pp. 

[0.0.    137,    12.     Nos.    105,    105    i.,    ii.  ;    and    (without 

enclosures)  138,  16.     p.  44.] 


AMERICA    AND    WEST    INDIES. 


130 


1717. 

Dec.  28.  281.  Mr.  Attorney  General  to  the  Council  of  Trade  and 
Plantations.  Reply  to  No.  263.  I  have  considered  of  an  Act  of 
Virginia  prohibiting  the  unlawfull  assembling  of  Quakers,  pass'd 
in  1663  ;  Whereby  the  assembling  of  Quakers  for  religious  worship 
is  prohibited,  for  the  first  offence  each  Quaker  is  to  forfeit  200  Ib. 
of  tobacco,  for  the  second  offence  500  Ib.,  for  the  third,  to  be 
banisht  that  Colony  to  such  place  as  the  Governour  and  Council 
shall  appoint :  And  there  is  a  penalty  laid  on  masters  of  ships 
bringing  Quakers  to  reside  there,  unless  exported  from  England 
by  vertue  of  the  Act  hereinafter  mentioned,  and  the  said  masters 
are  enjoyned  to  carry  them  away  again,  with  other  penalties  ; 
the  intent  thereof  seeming  to  be  that  no  Quaker  should  live  in 
Virginia.  Which  Act  was  drawn  and  pass't  there  according  to 
an  Act  pass'd  in  England  in  the  13th — 14th  years  of  King 
Charles  II  for  preventing  mischeifs  and  dangers  that  may  arise 
by  certain  persons  called  Quakers  etc.  :  from  the  penalties  of  which 
Act  in  England,  the  Quakers  being  freed  by  the  Act  of  the  first 
year  of  King  William  and  Queen  Mary  etc.,  I  have  no  objection 
agt.  H.M.  giving  the  same  liberty  to  Quakers  in  the  plantations 
as  hath  been  given  to  those  in  England,  which  may  be  done 
either  by  repealing  the  Virginia  Act,  if  not  already  confirmed, 
or  in  regard  the  law  was  made  so  long  since,  and  it  may  be 
necessary  to  oblidge  them  to  make  declarations  instead  of  oaths, 
by  directing  the  Assembly  of  Virginia  to  repeal  the  same  and 
enact  a  new  law.  And  I  have  also  considered  of  the  Act  con- 
cerning foreign  debts.  Whereby  it  is  declared,  that  no  debt 
whatsoever  is  pleadable  agt.  any  inhabitant,  but  for  goods 
imported  into  that  country,  the  meaning  whereof,  is,  that  persons 
indebted  in  England  may  remove  themselves  into  Virginia,  and 
have  the  priviledge  there  not  to  be  sued  for  those  debts,  which 
will  be  a  convenience  for  the  inhabitants  of  that  Colony  but  will 
be  a  great  means  to  defraud  the  people  of  England  of  their  just 
debts.  Wherefore  I  am  of  opinion,  that  law  is  not  proper  to  be 
confirmed  by  H.M.  but  to  be  rejected.  Signed,  Edw.  Northey. 
Endorsed,  Reed.  30th  Dec.,  1717,  Read  21st  Jan.,  171 J.  2  pp. 
Enclosed, 

281.  i.  Copy  of  Act  of  Virginia,  1663,  prohibiting  the  unlawful 
assembling  of  Quakers.  5  pp. 

281.  ii.  Copy  of  Act  of  Virginia,  1663,  concerning  foreign 
debts.  \  p.  [C.O.  5,  1318.  Nos.  42,  42  i.,  ii.  ;  and 
(without  enclosures)  5,  1365.  pp.  36-39.] 

Dec.  30.        282.     Mr.  Popple  to  Sr.  N.  Lawes.     The  Council  of  Trade 
Whitehall,    and  Plantations  desire  an  account  of  what  you  know  concerning 

the  affair  of  the  Naval  Storehouse  at  Jamaica  (v.  27th  Dec.) 

[C.O.  138,  16.    p.  45.] 

Dec.  30.         283.     Mr.  Bridger  to  Mr.  Popple.     I  find  there  has  been  a 

Portsmouth,   great  distruction  in  H.M.  woods  in    my  absence,  perticularly 

about  Exeter,  where  out  of  70  trees  marked  there  is  but  one 

remaines,  this  was  done  during  the  time  of  one  George  Vaughan 

was  Leift.  Governr.,  who  put  out  those  persons  I  had  deputed, 


140  COLONIAL    PAPERS. 

1717. 


and  put  in  creatures  of  his  own,  wch.  suffered  anything  to  be 
done  as  would  please  the  people,  for  as  long  as  there  are  New 
England  persons  Governrs.  the  King  must  not  expect  any  justice 
as  to  the  woods,  for  all  the  people  on  the  frontiers  depend  on  the 
woods  for  their  lively  hood  and  say  the  King  has  no  woods  here, 
and  they  will  cut  what  and  where  they  please  as  long  as  the 
Charters  good.  I  have  deputised  seven  persons  well  knowing 
in  the  woods  and  people  of  good  repute,  but  cannot  give  them 
any  reward  so  what  may  be  expected  from  them  I  humbly 
submitt  to  their  Lordshipps  but  I  shall  see  that  they  do  there 
duty,  as  far  as  lies  in  me,  there  are  two  persons  now  wanting  in 
the  Council  and  if  their  Lordships  think  me  a  proper  person  to 
fill  one  of  these  places  it  would  give  me  a  litle  more  power  in 
this  Province  and  more  respect.  Capt.  Gerrish  is  dead,  and 
Capt.  Wentworth  made  Lieut.  Governor  etc.  The  circuit  of 
my  survey  here  is  78  miles,  from  Almsbury  to  Sacco,  etc. 
P.S. — I  humbly  aske  pardon  for  this  scrawl  but  the  weather 
is  so  very  cold  I  cannot  write  three  words  before  the  ink  freezes. 
George  Vaughan  is  coming  to  England  to  turn  us  all  out  that 
belongs  to  H.M.  and  to  get  any  of  our  places  etc.  List  of  his  1 
deputies.  Signed,  J.  Bridger.  Endorsed,  Reed.  27th  Feb., 
Read  4th  March,  17}-f.  Torn.  2%  pp.  [C.O.  5,  866.  No.  140  ; 
and  5,  915.  pp.  90-93.] 

Dec.  31.  284.  James  Smith  to  the  Council  of  Trade  and  Plantations. 
Appointed  Secretary  of  New  Jersey  in  1715  by  H.M.  Letters 
Patent,  upon  his  arrival  there  petitioner  found  that  by  some 
Acts  of  the  late  Assembly,  the  fees  and  profits  of  that  Office  were 
so  reduced,  that  it  was  not  possible  for  any  one  to  subsist  on  them. 
These  Acts  were  made  on  purpose  for  the  punishment  of  Jeremiah 
Bass,  at  that  time  Secretary,  and  guilty  of  many  ill  practises 
in  the  said  Office.  The  Governour  was  induced  to  assent  to 
them  upon  the  repeated  assurances  of  the  Assembly  that  they 
would  repeal  them  whenever  another  Secretary  should  be  sent 
over.  That  Assembly  being  dissolved,  by  the  death  of  the  late 
Queen,  nothing  was  to  be  expected  in  favour  of  the  officers  of  the 
Crown,  from  the  next  Assembly,  severall  of  the  Members  haveing 
given  out,  that  they  had  people  enough  of  their  own  to  execute 
the  said  office,  and  if  the  King  wou'd  send  over  officers  they 
wou'd  take  care  to  make  it  not  worth  their  while.  With  the 
Governour's  approbation,  prays  their  Lordships  to  take  the 
matter  into  their  consideration.  Signed,  James  Smith.  Endorsed, 
Reed.  31st  Dec.,  1717,  Read  27th  Jan.,  17}  J.  1  p.  [C.O.  5,  971. 
No.  68.] 

[1717.]  285.  List  of  reports  from  the  Secretary  at  Warr  etc.  relating 
to  Placentia  and  Annapolis  Royal.  1715-20th  Feb.,  1717. 
1J  pp.  [C.O.  5,  4.  No.  16.] 

[?  1717.]  286.  Memorial  from  Sundry  Merchants  to  Mr.  Secretary 
Addison.  Recommend  Capt.  Woodes  Rogers,  "  who  has  made 


AMERICA    AND    WEST    INDIES.  141 

[?  1717.] 

very  advantagious  proposals  for  effectually  settling  and  securing  " 
the  Bahama  Islands  etc.  Signed,  Sam.  Buck,  Elias  Pearse, 
Rob.  Heysham,  Sam.  Shepheard,  Alex.  Cairnes,  John  Meriwether, 
Robert  Chester  and  28  others.  Without  date.  1  p.  [C.O.  23,  12. 
No.  75.] 

1717.  287.     Go  vernorWoodes  Rogers  to  the  King.  Asks  for  despatch  of 

guns  and  ammunition  for  the  Bahamas,  and  that  the  Independent 
Company  intended  for  the  garrison  may  be  placed  upon  the 
establishment.  Offers  to  victual  them  at  6d.  per  head  per  diem 
for  the  first  year  with  provisions  from  the  Plantations,  etc. 
Estimate  of  charge  to  the  Crown.  Signed,,  Woodes  Rogers. 

H  PP-     \.C'°-  253>  l-     No-  20 

[?  1717.]  288.  Mrs.  Mary  Hemsley,  of  Maryland,  to  the  King. 
fcuTre  Governor  Hart,  promoted  to  that  station  in  1714,  by  the  interest 
e'  of  the  late  Duke  of  Ormond,  has  during  his  administration 
shew'd  great  favour  to  the  Papists  and  Jacobites,  and  discouraged 
your  Majesty's  Royal  subjects.  There  are  frequent  seditious 
healths  drank,  and  Mr.  Hart  has  discountenanc'd  the  discoverers, 
tho'  of  the  greatest  rank  in  the  Country.  Upon  your  Majesty's 
last  Birthday,  Mr.  Hart  made  an  entertainment,  where  Papists 
and  Non  Jurors,  were  chiefly  respected,  and  tho'  the  King's 
health  was  drank,  yet  most  omitted  your  Majesty's  name. 
Through  these  encouragements,  on  the  10th  of  June  last,  being 
the  Pretender's  Birthday,  the  gunns  were  fired  in  the  publick 
seat  of  Government,  the  Pretender's  health  drank,  by  the  name 
of  King  James  the  Third.  And  great  pains  taken  to  influence 
the  people  they  had  better  be  under  a  Popish,  than  Presbiterian 
Governmt.  So  that  we  have  the  greatest  occasion  of  a  Gentleman 
that  is  known  to  be  well  affected  to  your  Majesty,  etc.  Signed, 
Mary  Hemsley.  No  date.  I  p.  [C.O.  5,  720.  No.  26.] 

[?  1717.]  289.  Thomas  Macnemara  of  Annapolis,  Maryland,  to  the 
King.  Prays  for  the  recall  etc.  of  Governor  Hart,  he  having  in 
May,  1715,  in  partnership  with  some  of  the  principal  inhabitants, 
imported  in  a  vessel  belonging  to  him  and  others  wines  sugar,  etc. 
from  Lisbon,  contrary  to  the  Acts  of  Parliament,  and  so  farr 
awed  or  influenced  the  Custom  Officers,  that  they  required  no 
entry  to  be  made  of  the  said  goods.  Information  was  given  to 
the  Attorney  and  Advocate  General,  but  he,  being  appointed 
by  Hart,  refused  to  prosecute  him,  etc.  Signed,  Tho. Macnemara. 
No  date.  1  p.  [C.O.  5,  720.  No.  15.] 

1717-1719.      290.     Naval  Officer's  Returns,  S.   Carolina.     [C.O.   5,   508.] 


(142) 


1718. 


1718. 

Jan.  1.          291.     H.M.  Instructions  for  Governor  Sir  N.  Lawes,  relating 
St.  James's    to  the  Acts  of  Trade  and  Navigation.     Signed,  G.  R.     [C.O.  5, 
189.     pp.  384-409.] 

Jan.  2.  292.  Mr.  Attorney  General  to  the  Council  of  Trade  and 
Plantations.  I  have  no  objection  in  point  of  law  to  the  Acts 
of  New  York  referred  13th  Nov.  Acts  described.  Signed,  Edw. 
Northey.  Endorsed,  Reed.  3rd,  Read  27th  Jan.,  17}J.  1J  pp. 
[C.O.  5,  1051.  No.  45  ;  and  5,  1123.  pp.  497,  498.] 

Jan.  2.  293.  Same  to  Same.  Report  upon  Act  of  New  York  for 
shortning  of  law  suits  etc.  (v.  23rd  March,  1716.)  Whereby  the 
proceedings  in  the  Supreme  and  Inferior  Courts  of  that  Colony 
are  regulated,  and  their  jurisdictions  of  holding  pleas  to  certain 
values  are  ascertained  :  and  power  is  therein  given  (where  the 
Court  shall  see  just  cause)  to  give  longer  time  than  allow'd  by  the 
Act  for  putting  in  baile  and  declaring,  but  there  is  no  such  power 
given  for  enlarging  the  time  for  pleading  afterwards,  if  the 
Court  should  see  cause,  but  Plaintifs  and  Defendts.  are  tied  to 
the  times  directed  by  the  Act,  which  may  happen  to  be  impos- 
sible or  inconvent.  and  the  Court  has  no  power  to  releive  them. 
In  the  Act  there  is  a  clause,  whereby  it  is  directed  no  suit  shall 
be  in  the  Supreme  Court  where  the  true  and  real  cause  of  action 
shall  not  exceed  £20  of  current  money  of  that  Colony  besides 
costs  (except  where  titles  of  lands  are  anyway  concerned)  under 
the  penalty  of  paying  the  defendt.  his  costs,  which  may  happen 
to  be  mischeivous  to  plaintifs  where  the  true  and  real  cause  of 
action  may  exceed  £20,  but  by  the  absence  of  a  witness  or 
obstinacy  of  a  jury  the  value  may  be  found  to  be  less  and  the 
plaintiffe  be  oblidged  to  pay  costs  in  such  case,  which  will  be 
unreasonable.  I  have  no  objection  agst.  the  other  parts  of  the 
said  Act,  but  submit  to  your  Lordships'  consideration  whether 
the  Act  lieable  to  the  aforesaid  objections  be  fit  to  be  confirmed. 
As  to  the  Act  for  preventing  the  multiplicity  of  lawsuits,  1714, 
(described),  I  am  of  opinion  this  Act  is  very  useful,  and  fit  to  be 
confirmed.  Signed,  Edw.  Northey.  Endorsed,  Reed.  3rd,  Read 
28th  Jan.,  17f£.  2  pp.  [C.O.  5,  1051.  No.  47  ;  and  5,  1123. 
pp.  507-509.] 

Jan.  2.  294.  Same  to  Same.  Abstract.  Has  considered  the  Act  of  New 
York  (v.  C.S.P.  6th  Dec.,  1715)  declaring  that  all  persons  of  foreign 
birth  heretofore  inhabiting  within  this  Colony  and  dying  seized  of 
any  lands,  tenemts.  and  hereditaments,  shall  be  for  ever  hereafter 
deemed  taken  and  esteemed  to  have  been  naturalized,  And  for 
naturalizing  all  Protestants  of  foreign  birth  now  inhabiting  within 


AMERICA   AND   WEST   INDIES. 


143 


1718. 


this  Colony  etc.  Does  not  think  this  act,  as  framed,  fit  to  be  con- 
firmed, for  reasons  stated.  "  The  encouraging  foreigners  to  settle 
in  the  Plantations  without  naturalization,  will  be  directly  contrary 
to  the  Act  of  Navigation  "  etc.  Set  out,  N.Y.  Col.  Docs.  V.  495. 
q.v.  Signed,  Edwd.  Northey.  [C.O.  5,  1123.  pp.  499-506  ;  and 
(memorandum  of  original,  endorsed,  Read  Jan.  27,  17|J)  5,  1051. 
No.  46.] 

Jan.  1.          295.     H.M.  Instructions  to  Sir  Nicholas  Lawes,  Governor  of 
St.  James's.   Jamaica,     (v.  Oct.   11  and  Dec.   18,  1717.)     [C.O.  5,  189.    pp. 
334-375.] 

Jan.  3.  296.  Council  of  Trade  and  Plantations  to  the  Earl  of  Sunder- 
Whitehall.  land.  Since  our  Representation  of  21st  Dec.  etc.,  we  have 
received  the  Act  of  Jamaica  mention'd  in  the  postscript,  and 
find  it  lyable  to  the  objection  therein  mention'd.  We  therefore 
humbly  conceive  it  will  be  for  H.M.  service,  that  Sr.  Nich. 
Lawes  shoud  receive  the  King's  commands  upon  this  subject 
before  his  departure.  [C.O.  138,  16.  p.  48.] 

Jan.  4.  297.     Mr.   Attorney  General  to  the  Council  of  Trade  and 

Plantations.  Report  upon  Act  of  Antigua,  2nd  March,  1715, 
to  prevent  the  encrease  of  papists  and  non-jurors  in  this  Island 
and  for  better  governing  those  who  are  already  settled  here.  The 
end  of  which  Act  I  apprehend  is  to  remove  all  papists  out  of  that 
Island,  and  to  prevent  others  from  coming  there.  For  it  recites 
that  several  papists  are  resident  there,  and  others  daily  coming, 
who  receive  benefit  of  the  Law,  and  protection,  yet  refuse  to 
take  such  reasonable  oaths  and  subscribe  the  declaration  for 
securing  their  allegiance  and  fidelity  as  are  required  in  Great 
Britain  :  In  the  first  place,  it  requires  all  persons  residing  in  that 
Island,  or  who  should  after  come  thither,  being  or  when  of  the 
age  of  sixteen  (except  servants  under  covenant  and  feme  coverts) 
who  should  not  have  taken  the  oaths,  and  subscribed  the 
Declaration,  since  H.M.  accession  to  the  Crown,  on  notice  given 
to  take  the  oaths  of  Allegiance  and  Supremacy,  and  to  subscribe 
the  Declaration  mentioned  in  the  Act  of  30th  K.  Charles  II, 
and  to  take  the  oath  of  abjuration.  And  it  lays  all  the  penalties 
upon  the  refusers  or  neglecters  thereof,  which  are  laid  in  England 
by  the  Laws  made  in  the  times  of  King  James  1st,  King  Charles 
Ilnd,  King  William  and  Queen  Mary  and  King  William,  and 
carries  the  penalties  further  to  remove  them  out  of  the  country 
(altho'  part  of  the  title  be  for  the  better  governing  those  already 
settled  there) .  For  it  makes  them  incapable  to  exercise  any  place 
ecclesiastical,  civil,  or  military,  or  to  be  an  Assembly  man, 
Vestryman  or  Churchwarden,  or  to  serve  on  any  Jury,  or  to  be 
Executor,  Administrator,  or  Guardian,  or  Agent  to  any  person 
or  persons  whatsoever,  or  to  give  a  vote  in  the  election  of  Assembly- 
men, Vestrymen,  Churchwardens,  or  in  any  other  case,  or  to 
keep  any  arms,  gunpowder,  weapon  or  amunition,  except  allow'd 
for  the  defence  of  their  houses,  and  persons  by  the  Council,  or 
to  keep  or  ride  a  horse  above  the  value  of  £20  current  money  of 


COLONIAL    PAPERS. 

1718. 

that  country  :  And  disables  them  to  take  by  purchase  or  devise 
any  lands,  tenements  or  hereditamts.  (negroes  excepted)  And 
they  forfeit  for  their  lives  the  profits  of  the  lands  they  now  have 
to  their  next  Protestant  kindred.  And  all  persons  are  disabled 
to  take  or  keep  any  popish  servant  or  slave  :  and  such  papists 
are  disabled  to  keep  any  shop,  storehouse,  tavern,  punch-house 
or  victualling-house,  or  to  sell,  contract  for,  dispose  of,  or  utter 
any  liquors,  or  other  goods  whatsoever  :  But  the  present  Popish 
inhabitants  are  enabled  upon  taking  the  oath  of  allegiance  and 
abjuration  to  keep  their  shops  for  a  year  and  nine  months  and 
no  longer.  There  is  a  clause,  that  nothing  in  the  Act  shall 
extend  to  Quakers,  and  a  provisoe  that  conformity  shall  deliver 
from  the  penalties  of  the  Act.  Agst.  the  approving  the  said 
Act  it  hath  been  offered  that  all  or  most  of  the  papists  there  are 
H.M.  subjects* and  that  several  of  them  have  inhabited  and 
settled  there  for  thirty  years,  and  were  lately  zealous  in  the 
defence  of  that  Colony  agst.  the  French,  and  that  several  of  the 
preston  rebels  were  transported  thither  by  his  present  Majesty, 
and  that  the  expelling  of  such  out  of  that  Colony,  will  very 
much  weaken  the  same  and  force  them  to  settle  in,  and 
thereby  to  strengthen  the  Dutch  or  French  settlements  in  the 
West  Indies,  which  may  in  time  prove  prejudicial  to  that  Colony 
in  case  of  a  war  with  France  or  Holland.  And  the  annex 't 
affidavit  hath  been  produced  to  me.  As  to  most  of  the  penalties, 
I  have  observed  before,  That  they  are  the  same  as  in  England, 
upon  papists  ;  And  I  think  it  is  very  reasonable  to  keep  such 
out  of  all  offices  and  out  of  the  Assembly,  and  from  being 
Guardians  to  children  etc.  But  I  am  of  opinion  it  seems  very 
hard  to  disable  them  to  execute  any  trade,  or  to  be  Agents  for 
other  persons  therein  for  that  the  same  will  amount  to  banish 
them  out  of  that  Colony.  And  I  do  most  humbly  submit  it  to 
your  Lordspps.  consideration  whether  it  will  be  convenient  to 
banish  all  Papists  out  of  H.M.  Plantations  there  being  no  Law 
like  this  (as  I  know  of)  pass'd  in  any  other  of  H.M.  Plantations, 
or  whether  it  would  not  be  more  convenient  to  oblidge  all  papists 
to  take  the  oaths  of  allegiance  and  abjuration  and  to  deprive 
them  of  all  offices  and  from  voting  in  the  elections  of  them, 
but  to  leave  them  at  liberty  to  exercise  their  trades  and  to  suffer 
them  to  enjoy  their  estates,  behaving  themselves  with  duty  and 
allegiance  to  the  Government,  without  oblidging  them  to  take 
the  oath  of  Supremacy  or  make  the  Declaration  mentioned  in 
the  Act  of  30th  K.  Charles  II,  which  'tis  known  no  papist  can 
take  or  make  etc.  I  have  also  considered  of  an  Act  pass'd  in 
Antigua  Nov.  1716,  for  the  erecting  a  new  Church  in  St.  Johns  in 
the  room  of  the  present  parochial  Church  and  for  raising  a  yearly 
reasonable  tax  for  maintaining  the  same  etc.  By  which  Act  it 
appears,  that  the  present  Church  is  too  small  and  out  of  repair. 
Therefore  provides  for  pulling  down  the  same,  and  building  one 
more  large  in  the  roome  thereof,  the  cost  whereof  is  to  amount 
to  £7408  7s.  current  money  of  that  country,  and  is  to  be  paid 
by  the  inhabitants  of  the  said  Parish,  by  five  payments  in  the 
space  of  five  years  :  and  rules  are  made  by  the  said  Act  for  the 


AMERICA   AND   WEST   INDIES.  146 

1718. 

assessing,  levying  and  paying  the  same.  And  I  have  no  objection 
in  point  of  law  against  the  said  Act.  I  have  also  considered  of 
an  Act  passed  in  Antigua  in  Feb.  1716,  to  quiet  present  possessors 
of  lands,  to  limit  actions,  and  avoid  suits  in  Law  ;  which  Act  takes 
notice  that  upon  the  settlement  of  that  Island  many  persons 
took  up  great  tracts  of  land,  but  did  not  improve,  but  departed 
from  the  same,  so  that  the  Island  was  in  danger  of  being  deserted, 
had  not  the  Governor  encouraged  others  to  take  up  the  said 
lands,  by  giving  patents,  warrants  and  grants  for  the  same, 
which  they  thought  was  legal  on  failure  of  such  non-setlers. 
Others  purchased  and  after  settling  of  the  lands  purchased, 
made  great  improvements  thereon,  and  paid  great  taxes  for 
the  same,  and  suits  are  daily  commenced  agt.  such  settlers  and 
purchasers.  The  bill  provides  for  their  ease,  that  all  persons 
in  possession  and  who  were  so  for  five  years  before  the  bill  by 
vertue  of  any  patent,  warrant,  grant,  deed  or  any  other  lawful 
conveyance  duly  recorded,  are  confirmed  in  their  right  and 
title  thereunto,  and  declared  to  have  a  good  right  to  the  same 
during  the  estate  or  estates  granted  by  such  patent,  grant, 
warrant  or  other  conveyance  in  writing,  duly  recorded,  agt. 
all  persons  whatsoever  ;  except  such  persons  as  should  prosecute 
their  title  within  three  years  after  the  date  of  the  Act,  or  within 
three  years  after  impediments  removed,  if  the  claimer  be  under 
age,  marryed  women,  non  compos  mentis,  or  beyond  sea,  and 
all  persons  not  claiming  their  rights  within  three  years  after  the 
same  shall  accrue,  are  by  the  Act  barred  (except  as  aforesaid). 
And  where  suits  shall  be  within  the  time  mentioned  in  the  Act, 
and  there  shall  appear  a  good  title  for  the  plaintife,  he  is  not 
to  recover  the  land,  but  to  have  the  value  of  it,  to  be  assessed 
by  the  Jury  who  shall  try  the  cause,  if  at  Law,  and  if  in  equity 
the  value  to  be  ascertained  by  commission,  which  is  not  restrained 
to  possessors  at  the  time  of  the  Act,  but  general ;  and  the  lands 
are  to  be  valued  with  respect  to  the  place  where  scituated,  and 
the  time  when  the  person  under  whom  the  Defendt.  shall  claim 
first  derived  his  title.  The  Act  makes  good  all  sales  made  by 
Treasurers  or  Churchwardens  for  publick  or  parochial  taxes 
laid  on  such  lands,  pursuant  to  the  Laws  of  that  Island,  and 
which  were  duly  entred  in  the  Book  of  the  Treasurer  or  Church- 
warden, altho'  no  deed  of  sale  or  conveyance  be  to  be  found  on 
record  for  the  same  ; — and  altho'  several  circumstances  required 
by  the  Act  have  been  omitted  to  be  done.  But  this  clause  is 
not  to  affect  any  lands,  for  which  a  suit  hath  been  commenced 
in  law  or  equity  and  depending  at  the  time  of  the  Act.  And  the 
Act  does  limit  certain  times  for  the  bringing  personal  actions. 
Agst.  the  greatest  part  of  which  Act,  I  have  no  objection  :  But 
the  Act  seems  to  be  unpresidented  to  put  the  King  and  his  subjects 
on  a  level  as  to  the  time  of  claiming  their  rights.  In  England 
in  the  times  of  King  Henry  8th  and  Queen  Elizabeth  several 
Acts  of  Parliament  were  made  for  confirming  the  Letters  Patents 
of  the  Crown,  but  no  Statute  of  Limitation  of  time  for  their 
suites.  The  Statute  of  the  21st  of  King  James  1st  agst.  con- 
cealmts.  made  in  England  quieted  possessors  only  where  possession 
had  been  agst.  the  Crown  for  sixty  years  and  the  Crown 
Wt.  441.  O.P.  10. 


146  COLONIAL    PAPERS. 

1718. 


had  not  been  answered  any  rents,  nor  the  lands  duly  in  charge 
within  that  time,  but  there  is  no  Act  that  limits  the  Crown  to  a 
time  for  commencing  their  suits.  How  far  H.M.  may  be  advised 
for  the  quiet  of  the  Island  of  Antigua  to  confirm  the  present 
titles,  if  he  shall  not  contest  them  within  3  years,  as  proposed  by 
the  Bill,  is  submitted.  But  I  cannot  think  H.M.  will  be  advised 
to  put  himself  and  successors  for  ever  hereafter  on  the  level  with 
his  subjects  as  to  the  time  of  commencing  future  suits.  There- 
fore if  H.M.  will  be  pleased  to  confirm  the  present  possessions 
(if  he  shall  not  think  fit  to  contest  them  within  the  3  years)  I 
think  for  future  rights  the  Act  should  be  made  to  extend  only 
to  subjects  suits.  In  the  provisoe  for  persons  under  disability 
to  sue,  is  omitted  persons  in  prison,  who  ought  to  have  had  time 
allow'd  them  for  commencing  their  suits  after  they  should  be 
delivered  out  of  prison  ;  and  the  right  of  suing  ought  in  the  Act 
to  be  express't  to  be  for  the  person  to  whom  the  right  should 
come,  his  heirs,  executors  or  admors.,  within  the  time  limited 
in  ye  Act.  And  the  clause  for  recovering  the  value  of  the  lands 
instead  of  ye  land  should  be  restrained  to  suits  agst.  the  present 
possessors  only,  which  may  be  reasonable,  but  it  will  be  unreason- 
able for  persons  who  shall  have  future  rights  to  debar  them  from 
recovering  the  land  and  oblidge  them  to  take  the  value  thereof, 
wch.  will  be  oblidging  them  to  sell  their  lands,  to  possessors  by 
wrong,  agt.  their  wills.  On  the  whole,  I  am  of  opinion,  for  the 
objections  aforesaid,  this  Law  is  not  proper  to  be  approved  but 
that  an  Act  between  subject  and  subject  for  the  purposes  in  the 
Act,  is  reasonable,  and  necessary,  and  such  Law  with  small 
alterations  may  be  framed.  As  to  the  quieting  present  titles 
agst.  the  Crown,  if  H.M.  shall  be  gratiously  pleased  to  allow  the 
same,  it's  proper  to  be  done  by  an  Act  for  that  purpose  only, 
and  the  repealing  of  this  Law  may  be  suspended  till  a  new  law 
may  be  pass'd  not  lieable  to  these  objections.  Signed,  Edw. 
Northey.  Endorsed,  Reed.  7th  Jan.,  Read  18th  March,  17^. 
7J  pp.  Enclosed, 

297.  i.  Deposition  of  Ambrose  Lynch  of  Antego  in  America 
mercht.  Some  of  the  papists  and  non-jurors  now  dwell- 
ing on  Antego,  have  lived  there  upwards  of  30  years 
and  behaved  themselves  with  all  obedience  and  submis- 
sion to  the  Government  etc.  They  assisted  in  the 
Expedition  against  Martinico  and  Gaudalupa  and 
appeared  in  arms  in  defence  of  the  Island  as  often  as 
French  ships  appeared  on  the  coast  in  the  late  war. 
The  Act  to  prevent  the  encrease  of  Papists  etc.would  much 
weaken  and  depopulate  the  Island  and  lessen  the  trade 
there  etc.  The  reputed  papists  and  non- jurors  are 
natives  of  Great  Britain  or  Ireland.  Signed,  Ambr. 
Lynch  Barth  (sic)  3rd  Jan.,  1717(18).  1J  pp.  [(7.0. 
152,  12.  Nos.  68,  68  i.  ;  and  153,  13.  pp.  252-264.] 

Jan.  6.  298.  Governor  Hamilton  to  the  Council  of  Trade  and  Plan- 
tations. Begins  with  copy  of  letter  of  1th  Oct.,  1717  (q.v.).  Con- 
tinues :  The  man  of  war  came  to  me  at  Nevis  the  latter  end  of 


AMERICA     AND    WEST    INDIES.  147 

1718. 

October  which  Island  I  left  upon  4th  Nov.  and  arrived  the  same 
day  at  St.  Christophers  from  whence  I  sailed  the  9th  in  order 
to  visit  the  Virgin  Islands  as  your  Lordships  had  directed  and 
landed  upon  the  llth  upon  the  Island  of  Anguilla  which  is  a 
long  narrow  Island  so  worn  out  that  they  can  hardly  subsist 
their  families,  for  that  reason  a  great  many  of  the  inhabitants  are 

fone  off  and  have  settled  upon  Crabb  Island  etc.  The  next 
sland  I  went  to  was  Spanish  Town,  the  Island  Capt.  Walton 
talked  so  much  off  and  informed  your  Lordships  when  I  had  the 
honour  to  wait  at  your  Board  that  it  was  equal  with  Antigua 
or  at  least  with  any  of  the  other  four  Islands  ;  I  could  not  then 
contradict  that  Gentleman  but  by  hearsay  I  told  your  Lordships 
that  I  had  always  been  informed  that  it  was  not  capable  to  main- 
tain 10.0  poor  families,  and  now  I  must  assure  your  tordships 
that  it  is  a  great  deal  worse  than  it  was  represented  to  me,  it 
being  a  pretty  large  Island  but  very  mountainous  and  rocky, 
has  not  2,000  acres  of  manureable  land,  little  or  no  timber  in  it, 
and  the  land  so  worn  out  that  the  few  inhabitants  that  are  upon 
it  (which  are  but  54  men  as  your  Lordships  will  see  by  the  inclosed 
list)  and  those  have  joined  in  a  petition  with  the  inhabitants  of 
Tortola  for  liberty  to  settle  upon  Sancta  Cruis  or  Saint  Cruix, 
copy  of  which  petition  is  here  inclosed  ;  From  this  last  Island, 
I  went  to  the  Island  of  Tortola,  which  is  also  a  pretty  large 
mountainous  rocky  Island,  a  pretty  deal  of  good  timber  upon  it 
little  level  land  in  it,  but  has  most  of  it  been  given  away  in  great 
tracts  under  the  great  Seal  of  these  Islands  by  my  two  last 
predecessours,  not  as  I  believe  with  intent  to  make  a  Settlement 
but  for  the  sake  of  the  timber  for  it  is  really  not  worth  settling  ; 
an  other  little  Island  called  Beef  Island  lyes  just  joining  to  it, 
the  Channell  not  above  a  mile  broad  only  fitt  for  boats  to  go 
through,  has  but  two  families  upon  it,  St.  Peters  Island  Mr. 
Walton  talked  of  for  the  goodness  of  the  harbour  is  a  small 
barren  Island  and  the  harbour  only  fitt  for  sloops  ;  The  next 
Island  I  went  to  was  the  Island  called  St.  Johns  which  is  also 
a  small  barren  mountainous  Island  hath  a  pretty  deal  of  good 
timber  upon  it  and  an  excellent  harbour  at  the  East  end  of  it ; 
all  these  Islands  and  a  great  many  more  small  ones  not  worth 
mentioning  and  rocks  innumerable  lye  as  it  were  all  in  a  cluster. 
From  hence  I  went  to  the  Island  of  St.  Thomas  where  the  subjects 
of  the  King  of  Denmark  have  settled  upon  and  came  to  an  anchor 
off  the  mouth  of  the  Harbour  having  been  informed  that  the 
Danes  did  not  only  come  daily  and  cutt  timber  off  of  the  several 
Islands  belonging  to  our  Great  Master  but  even  talked  of  making 
settlements  upon  some  of  them.  I  therefore  thought  myself  in 
duty  bound  to  send  word  by  Captain  John  Marshall  of  Colonel 
Alexander's  Regiment  whom  I  sent  on  purpose  to  the  Danish 
Governor  with  instructions  (inclosed)  to  forbid  them,  and  in 
case  the  Governor  insisted  upon  it  to  let  him  know  that  the  King 
of  Denmark  had  no  good  title  to  St.  Thomas  it  self  which  was 
done  accordingly,  but  before  he  had  my  answer  a  ship  came  by, 
which  a  little  Brittish  sloop  that  had  escaped  her  amongst  the 
little  Islands  at  whom  he  had  fired  three  guns  (the  first  under 


148  COLONIAL    PAPERS. 

1718 

Brittish  colours,  which  he  lowered  and  then  hoysted  a  white 
Ensign  with  the  figure  of  a  dead  man  spread  in  it)  gave  me  an 
account  that  the  said  ship  was  a  pirate  upon  which  we  made  a 
signall  for  Captain  Marshall  to  come  off  which  as  soon  as  he  did 
we  went  after  said  pirate  believing  her  to  be  a  ship  of  about 
18  or  20  guns  but  could  not  get  sight  of  her,  she  having  as  we 
believed  turned  up  under  the  North  side  of  that  Island,  we 
stood  as  far  as  the  Islands  called  Passage  to  the  Northward, 
Sunday  the  17th  we  came  about  noon  to  Crabb  Island  where  I 
went  a  shore  the  day  following.  This  is  a  long  very  level  Island 
but  one  mountain  in  it  at  the  South  West  end,  and  not  high, 
well  timbered  and  an  excellent  soyl,  it's  about  nine  leagues 
long,  and  in  most  parts  about  six  or  seven  miles  broad  except 
at  the  East  end,  there  is  not  above  two  or  three  mile  broad  for 
about  seven  or  eight  miles,  it  has  a  good  harbour  at  the  South 
side  about  a  third  down  from  the  East  end  when  once  ships 
are  in  but  the  passage  in  is  very  narrow  and  ships  must  warpe 
out  again  except  they  have  the  wind  far  northerly  this  Island 
seems  to  be  very  fertile  and  excellent  land,  but  then  it  is  attended 
with  this  inconveniency  that  it  lyes  so  near  to  the  Island  of 
St.  John  de  Porto  Rico  that  slaves  upon  the  least  disgust  may 
easily  waft  over  in  either  canoes  or  bark  logs  it  being  just  to  the 
Eastward  of  the  center  of  that  Island,  the  chanell  shallow  and 
not  above  three  leagues  over  ;  From  hence  I  went  to  the  Island 
of  Saint  Cruis  or  Sancta  Crois  which  lyes  about  16  leagues  to  the 
Eastward  of  Crabb  Island  and  about  10  leagues  due  South  from 
St.  Thomas,  this  is  a  very  fertile  Island  somewhat  more  moun- 
tainous than  Crabb,  but  most  of  the  mountains  not  so  high  but 
that  they  are  manureable  almost  to  the  tops,  this  Island  is 
above  10  leagues  long  and  in  several  places  much  broader  than 
Crabb  Island,  it  has  at  the  West  end  a  very  fine  large  bay  or 
road  for  shipping  to  ride  and  at  the  north  side  a  pretty  good 
harbour  called  the  Basin  where  Captain  Hume  in  H.M.S.  the 
Scarborough  did  the  last  year  destroy  a  pirate  ship,  besides  several 
other  roads.  This  Island  had  once  some  English  settlers  upon 
it,  but  as  I  am  informed  left  it  or  were  drove  off  in  1666,  since 
that  the  French  had  a  Settlement  upon  it,  the  ruines  of  a  great 
many  of  their  houses  are  still  to  be  seen  and  it  abounds  in  a 
great  many  places  with  fruit  trees,  as  oranges,  lemmons,  and 
lime  trees,  is  plenty  of  timber  and  a  great  many  wild  cattle  upon 
it,  some  of  our  men  that  were  out  shooting  have  seen  forty  and 
upwards  of  head  of  bulls,  cows  and  calves  in  a  drove,  it  is  in 
some  places  pretty  well  watered,  and  I  am  informed  it  produced 
very  good  sugar.  I  think  the  soil  very  good.  The  French  had 
an  order  from  home  in  or  about  1690  or  1691  to  abandon  that 
Island  whether  it  was  out  of  fear  of  a  squadron  of  men  of  war 
and  land  forces  we  had  then  in  this  part  and  that  had  taken 
the  Island  of  St.  Christopher's  and  St.  Eustatius  from  them  or 
that  it  was  to  carry  on  with  more  vigor  the  settlement  of  Cape 
St.  Fran£ois  upon  the  Island  of  Hispaniola  I  cannot  inform  your 
Lordships  etc.  Had  the  poor  people  of  Anguilla,  Spanish  Town 
and  Tortola,  been  provided  for  out  of  the  conquered  land  of  St. 


AME&ICA    AND    WEST    INDIES.  140 

1718. 

Christopher's,  they  would  some  time  since  have  not  only  been  a 
great  strengthning  to  all  the  other  Chief  Islands  but  have  by 
this  time  increased  the  revenue  of  the  Crown  for  as  they  now 
are  they  are  altogether  useless,  and  so  many  men  lost.  Or  if 
your  Lordships  shall  think  fitt  to  represent  to  H.M.  that  ac- 
cording to  their  prayer  they  might  all  at  once  remove  and  settle 
upon  one  of  the  two  last  Islands,  and  that  they  might  have 
tracts  of  land  allotted  tl\em  under  the  Great  Seal  of  these  H.M. 
Islands  to  them  and  their  heirs,  they  might  in  time  become  a 
profitable  Colony  to  the  Crown  and  be  able  to  defend  themselves  ; 
In  my  opinion  Sainta  Crois  should  be*the  island  for  these  reasons. 
First  that  it  is  larger  and  I  think  the  land  of  an  equal  goodness  ; 
secondly  will  by  reason  of  its  little  hills  more  frequently  draw 
the  showers  of  rain  ;  thirdly  that  it  lyes  farther  to  windward 
out  of  the  way  of  the  Spaniards  who  once  in  King  James's  time 
took  off  from  Crabb  Island  the  few  that  had  settled  there  by 
commission  from  Sir  Nathaniel  Johnson,  and  kept  them  prisoners 
so  long  or  rather  made  them  slaves  upon  Porto  Rico  that  few  of 
them  ever  returned,  but  most  of  them  perished  among  the 
Spaniards  etc.  Awaits  their  "  Lordships  direction  herein  which 
1  hope  will  be  soon  the  poor  people  of  Anguilla  and  Spanish 
Town  being  in  a  starving  condition,  and  are  with  great  difficulty 
kept  together  ;  If  H.M.  should  give  directions  for  settling  said 
Island  or  one  of  them  and  if  leave  could  be  given  to  the  Dutch 
and  Danes  to  settle  amongst  them  I  am  informed  a  great  many 
of  the  Dutch  from  the  Island  of  St.  Eustatia  the  Island  Sabeott 
and  the  Island  St.  Martin's  would  immediately  settle  there  and 
take  the  oaths,  several  of  the  inhabitants  from  St.  Thomas  and 
most  or  all  the  Brittish  subjects  that  are  settled  upon  that  Island. 
In  my  turning  up  to  windward  we  did  see  another  pirate  ship 
and  a  large  sloop  which  we  were  informed  when  we  came  off  of 
the  Island  St.  Eustatius  by  a  sloop  sent  express  from  St. 
Christopher's  were  two  other  pirates  that  had  two  days  before 
taken  some  of  the  trading  sloops  off  of  that  Island  and  sunk  a 
ship  loaden  with  white  sugar  etc.  just  under  Brimstone  Hill 
which  they  had  taken  under  Guadaloupe  shore.  The  ship  is 
commanded  by  one  Captain  Teatch,  the  sloop  by  one  Major 
Bonnett  an  inhabitant  of  Barbadoes,  some  say  Bonne tt  com- 
mands both  ship  and  sloop.  This  Teatch  it's  said  has  a  wife  and 
children  in  London,  they  have  comitted  a  great  many  barbarities  ; 
The  ship  some  say  has  22  others  say  she  has  26  guns  mounted 
but  all  agree  that  she  can  carry  40  and  is  full  of  men  the  sloop 
hath  ten  guns  and  doth  not  want  men  ;  This  gave  the  people  of 
St.  Christophers  such  just  apprehensions  of  my  safety  in  turning 
up  from  thence  to  Antigua  that  they  moved  it  to  me  in  Council 
to  give  them  leave  to  impress  and  man  a  good  sloop  to  attend 
the  man  of  war  to  see  me  up,  which  was  done  accordingly  and 
was  put  under  the  comand  of  one  Col.  William  Woodrope  an 
inhabitant  of  that  Island  who  had  on  board  110  men.  Indeed 
the  man  of  war  is  so  small  as  I  formerly  wrote  your  Lordships 
that  in  case  he  should  meet  by  himself  these  pirates  it  would  be 
exposing  the  Captain's  character  and  perhaps  be  the  loss  of  H.M. 


150  COLONIAL     TAPERS. 

1718. 

ship,  I  therefore  humbly  intreat  your  Lordships  to  represent  this 
matter  so  as  that  a  ship  of  40  guns  or  at  least  one  of  36  may  be 
ordered  to  attend  this  station  without  which  the  trade  of  these 
Islands  cannot  be  secured  ;  This  has  been  once  represented  to 
the  Admiralty  board  but  all  that  was  done  was  that  the  TryaL 
sloop  as  their  Secretary  writes  was  ordered  for  this  station  to 
reinforce  the  small  ship  that  attends  here,  but  the  Tryal  was 
then  at  Jamaica  and  believe  is  there  still  for  I  have  heard  nothing 
of  her  ;  Their  Lordships  may  much  sooner  order  a  vessell  from 
Brittain  here  than  to  turn  up  from  that  Island.  On  Friday  the 
20th  of  last  month  arrived  the  Scarborough  man  of  war  from  the 
station  of  Barbados,  had  lost  her  topmast  as  soon  as  she  was 
refitted.  J  ordered  an  officer  and  20  men  of  the  King's  troopes 
to  be  put  on  board,  the  same  number  on  board  of  the  Seaford 
and  are  gone  on  the  21st  in  quest  of  the  pirates  who  were  by  the 
last  accounts  I  had  at  Sancta  Cruis  or  thereabout  "  etc.  Refers 
to  enclosed  affidavits,  etc.  Signed,  W.  Hamilton.  Endorsed,  Reed. 
7th,  Read  llth  March,  17 J{.  5^  pp.  Enclosed, 

298.  i.  Deposition  of  Richard  Joy,  Master  of  the  sloop  New 
Division  of  Antigua,  30th  Nov.  1717.  This  morning  he 
was  taken  by  two  pirate  ships  and  a  sloop  who  said  they 
belonged  to  Barbados  and  enquired  what  vessels  were 
along  shoar .  They  restored  him  to  his  sloop  etc . ,  keeping  one 
of  his  men.  Signed,  Richd.  Joy,  his  mark  Copy.  £  p. 
298.  ii.  Deposition  of  Thos.  Knight,  belonging  to  the  Mount- 
serrat  Merchant,  Benjamin  Hobhouse,  commander,  30th 
Nov.  1717.  On  29th  Nov.,  seeing  two  ships  and  a  sloop, 
and  thinking  one  did  belong  to  Bristol,  and  the  other  two 
to  Guinea,  he  went  in  the  long-boat  to  enquire  for 
letters.  They  desired  us  to  come  on  board,  but  seeing 
Death  Head  in  the  stern  we  refused  it  etc.  They  said 
they  were  bound  from  Barbados  to  Jamaica  etc.  They 
compelled  us  to  go  on  board  and  asked  about  the  guns 
and  ships  at  Kingslale  and  Plymouth  etc.  We  made 
Nevis.  These  and  the  ship  they  had  taken  out  of 
Guardalupa  spying  some  vessels  in  Nevis,  and  among 
the  rest  took  one  for  the  man  of  warr,  they  said  they 
would  cut  her  out,  but  the  Captain  being  ill  prevented  it 
etc.  Confirms  preceding.  They  report  the  Captain  of 
the  pirates  name  is  Kentish  and  Captain  Edwards 
belonging  to  the  sloop,  and  they  report  the  ship  has  150 
men  on  board  and  22  guns  mounted,  the  sloop  about 
50  white  men,  and  eight  guns,  and  that  they  burnt  part 
of  Guardalupa,  when  they  cut  out  the  French  ship. 
Signed,  Thos.  Knight.  Copy.  1 J  pp. 

298.  iii.  Deposition  of  Henry  Bostock,  master  of  the  sloop 
Margaret  of  St.  Christophers,  19th  Dec.,  1717.  On  5th 
Dec.,  off  Crab  Island,  he  met  a  large  ship  and  a  sloop. 
He  was  ordered  on  board  and  Capt.  Tach  took  his  cargo 
of  cattle  and  hogs,  his  arms  books  and  instruments. 
The  ship,  Dutch  built,  was  a  French  Guinea  man,  36  guns 
mounted  and  300  men.  They  did  not  abuse  him  or  his 


AMERICA  AND  WEST  INDIES.  151 

1718. 

men,  but  forced  2  to  stay  and  one  Robert  Bibby  volun- 
tarily took  on  with  them.  They  had  a  great  deal  of  plate 
on  board,  and  one  very  fine  cup  they  told  deponent 
they  had  taken  out  of  Capt.  Taylor,  bound  from  Bar- 
bados to  Jamaica,  whom  they  very  much  abused  and 
burnt  his  ship.  They  said  they  had  burnt  several 
vessels,  among  them  two  or  three  belonging  to 
these  Islands,  particularly  the  day  before  a  sloop 
belonging  to  Antego,  one  (Robert)  McGill  owner.  They 
owned  they  had  met  the  man  of  warr  on  this  station, 
but  said  they  had  no  business  with  her,  but  if  she  had 
chased  them  they  would  have  kept  their  way.  Deponent 
told  them  an  Act  of  Grace  was  expected  out  for  them 
but  they  seemed  to  slight  it.  Among  the  crew  was  a 
nephew  of  Dr.  Rowland  of  this  Island  etc.  They  asked 
whether  there  were  any  more  traders  on  the  Porto 
Rico  coast,  etc.,  and  sent  to  look  for  them  etc.  They 
intended  for  Hispaniola  to  careen  and  lie  in  wait  for 
the  Spanish  Armada  that  they  expected  would  im- 
mediately after  Christmas  come  out  of  the  Havana  for 
Hispaniola  and  Porto  Rico  with  the  money  to  pay  the 
Garrisons  etc.  They  enquired  where  Capt.  Pinkethman 
was.  Deponent  said  he  heard  he  was  at  St.  Thomas' 
with  a  commission  from  the  King  to  go  on  the  wrecks. 
He  believes  they  had  much  gold  dust  on  board  etc. 
Signed,  Henry  Bostock.  Nos.  i.-iii.  endorsed  as  covering 
letter.  Copy.  2J  pp. 

298.  iv.  List  of  the  inhabitants  of  Anguilla,  22nd  Nov.,  1717. 
Men  (names  given)  97,  women  154,  children,  234. 
Negroes,  824.  Same  endorsement.  2  pp. 

298.  v.  Petition  of  inhabitants  of  Anguilla  to  Governor 
Walter  Hamilton.  For  several  years  Anguilla  hath  been 
attended  with  insupportable  drowths,  the  land  very 
poor  and  barren  by  means  whereof  not  capable  of  pro- 
duction sufficient  for  the  inhabitants  thereof  to  subsist 
on  ;  many  of  them  ready  to  perish  and  starve  for  want 
of  food,  which  we  the  said  inhabitants  to  remove  to 
the  Island  commonly  called  Crabb  Island  is  here 
to  endeavour  to  cultivate  the  same  in  planting 
necessary  food  for  our  relief  and  sustenance  rather 
than  utterly  perish.  Wherefore  we  the  said  inhabitants 
H.M.  most  dutifull  and  loyal  subjects  in  most  humble 
manner  comends  the  premises  to  your  Excellency's 
mature  consideration  and  prays  that  your  Excellency 
would  please  of  your  abundant  goodness  compassion  to 
protect  us  in  the  quiet  and  peacable  enjoyment  of  the 
said  Island  otherwise  we  must  inevitably  perish.  Signed, 
Christopher  Hodges,  Benjamin  Arundell,  Peter  Downing 
and  40  others.  Same  endorsement.  Copy.  1  p. 

298.  vi.  List  of  the  inhabitants  of  Spanish  Town,  18th  Nov., 
1717.  53  men,  60  women  (names  and  nationality  given), 
204  children,-308  negroes.  Same  endorsement.  Copy.  1  p. 


152  COLONIAL  PAPERS. 

1718, 

298.  vii.  Petition  of  the  poor  inhabitants  of  Tortola  and 
Spanish  Town  to  Governor  Hamilton.  Whereas  the 
Island  of  Tortola  is  patten' d  by  six  or  seven  persons 
being  granted  by  former  Generals,  the  poor  inhabitants 
having  no  land  to  live  upon  but  sufferance  and  during 
their  pleasure  which  causes  petitioners  to  crave  assist- 
ance from  your  Excellency,  and  the  Island  of  Spanish 
Town  being  worn  out  and  scarce  produce  subsistance 
for  petitioners  and  their  families,  and  whereas  both 
Islands  inform  your  Excellency  of  an  Island  called  St. 
Croose  which  was  formerly  possessed  and  inhabited  by 
the  subjects  of  Great  Brittain,  and  was  commissionated, 
and  now  lies  void  ;  and  as  we  are  subjects  to  his  most 
sacred  Majesty  King  George  of  Great  Brittain  therefore 
your  Excellency's  poor  humble  petitioners  desires  the 
humble  liberty  of  settling  upon  the  Island  of  St.  Croose 
as  subjects  of  Great  Brittain  and  shall  ever  remain,  and 
defend  the  said  Island  against  all  manner  of  forreign 
Princes,  and  maintain  the  said  Island  in  H.M.  name  etc. 
Signed,  Charles  Darcy,  Joseph  Hall,  Peter  Markoe, 
Patrick  Conner  and  80  others.  Same  endorsement. 
Copy.  1  p. 

298.  viii.  List  of  the  inhabitants  of  Tortola,  14th  Nov.,  1717. 
Men  (names  and  birth  places  given)  37,  women  34, 
children  88.  Negroes  176.  Same  endorsement.  Copy. 
I  p. 

298.  ix.  List  of  men  able  to  bear  arms  on  Crabb  Island  (names 
given)  46.  Negroes  62.  Same  endorsement.  Copy.  1  p. 

298.  x.  Governor  Hamilton's  Instructions  to  Captain  Marshal. 
To  represent  to  the  Governor  in  St.  Thomas  that  His 
Excellency  is  informed  that  several  of  the  subjects  of 
the  King  of  Denmark  have  not  only  presumed  to  cut 
off  timber  from  several  of  his  Brittanick  Majesty's 
Islands  but  also  to  give  out  that  they  did  design  to 
settle  upon  the  Island  of  St.  Johns  or  some  other  of 
H.M.  Virgin  Islands.  You  are  therefore  to  signifie  to 
the  said  Governour  that  he  forbid  any  of  the  people 
under  his  Government  either  to  cut  timber  or  presume 
to  settle  on  any  of  the  Virgin  Islands.  In  case  he 
persists  or  seems  to  support  the  people  in  their  preten- 
tions  you  are  to  give  him  to  understand  that  the  King 
of  Denmark  hath  no  good  title  to  St.  Thomas  it  self. 
Your  are  to  represent  that  his  Excellency  is  informed 
that  when  any  strays  happen  from  any  of  the  English 
Islands  that  the  people  in  St.  Thomas  exact  a  third 
for  salvage  which  is  an  unreasonable  and  unwarrantable 
salvage,  which  you  are  to  represent  to  the  Governor 
that  he  may  see  the  same,  redressed.  You  are  to  re- 
present the  case  of  one  Mr.  John  Phillip  now  in  St. 
Thomas  but  a  subject  of  the  King  my  Master  and  to 
demand  that  justice  might  be  done  in  the  recovery  of 
his  just  debts  and  that  he  may  have  liberty  to  transport 


AMERICA  AND  WEST  INDIES. 


153 


1718. 


Jan.  8. 
Whitehall. 


Jan.  9. 

Whitehall. 


Jan.  9. 

Whitehall. 


Jan.  9. 

Whitehall. 


Jan.  9. 

Whitehall. 


himself  and  effects  to  any  of  his  Britannick  Majesty's 
Kingdoms  or  Dominions  where  he  shall  think  proper 
without  any  lett  or  hindrance.  Same  endorsement. 
Copy.  1  p.  [C.O.  152,  12.  Nos.  67,  67  i.-x.  ;  and 
(without  enclosures)  153,  13.  pp.  238-250.] 

299.  Mr.  Popple  to  Sir  E.  Northey.      Encloses  for  his  opinion 
in  point  of  law  two  Acts  of  Jamaica,  Aug.  1717,  (1)  for  the  relief 
of  widows  and  orphans  in  relation  to  deficiency s,  (ii.)  for  the  'more 
effectual  punishment  of  crimes  committed  by  slaves.     [C.O.   138, 
16.    p.  49.] 

300.  Council  of  Trade  and  Plantations  to  the  Duke  of  New- 
castle, Lord  Chamberlain  of  H.M.  Household.     We  are  extreemly 
straitned  for  want  of  necessary  conveniences  in  our  Office,  our 
papers  and  records  which  must  be  carefully  preserved  for  H.M. 
service  greatly  encreasing  every  year  :   By  which  means  we  are 
now  so  far  reduced  for  want  of  room,  that  we  have  no  place  for 
Gentlemen  to  wait  in,  whose  business  may  oblidge  them  to  attend 
our  "Board.     Wherefore  we  would  entreat  your  Grace,  to  apply 
to  H.M.  for  his  orders  to  build  us  one  new  room  upon  a  piece  of 
spare  ground,  adjacent  to  our  Office  and  appertaining  to  H.M. 
which  has  already  been  surveyed  by  the  Officers  to  H.M.  Works 
and  adjudged  proper  for  that  purpose.     [C.O.  389,  37.    pp.  143, 
144.] 

301 .  Order  in  Council.     Repealing  Act  of  Jamaica  for  con- 
tinuing an  act  to  impose  dutys  on  sever  all  commody  ties  etc.     Signed, 
Edward  Southwell.     Endorsed,   Reed.   Read    14th   Jan.,    17fJ. 
Upp.     [C.O.  137,  12.     No.  109  ;  and  138,  16.    pp.  53-55.] 

302.  Order  in  Council.      Repealing  Act  of  Jamaica  to  impose 
duties  on   negros  exported  etc.  and  directing  Instructions  to  be 
prepared  for  the  Governor  as  proposed  Dec.  21,  1717.     Set  out, 
A.P.C.   II.   No.    1278.     Signed,   Edward   SouthweU.     Endorsed, 
Reed.  30th,  Read  31st  Jan.,  17f  J.     3J  pp.     [C.O.  137,  12.     No. 
113  ;   and  138,  16.     pp.  65-71.] 

303.  Council  of  Trade  and  Plantations  to  Governor  Sir  N. 
Lawes.     Among  the  publick  papers  lately  receiv'd  from  Jamaica, 
there  is  an  Act  for  the  repairing,  preserving  and  maintaining  the 
wall  of  Port  Royal  being  made  use  of  as  part  of  H.M.  fortifications, 
passed  31st  Aug.,  1717,  which  we  have  considered,  and  do  find, 
that  this  Act  applies  £150  per  annum  out  of  £1,250  appropriated 
by  a  former  act  to  the  use  of  the  fortifications  towards  the  main- 
taining, preserving  and  keeping  in  repair  the  wall  mention'd. 
We  also  find  by  a  report  from  a  Committee  of  the  Council  and 
Assembly  of  17th  Aug.,  1717,  that  almost  all  the  fortifications 
of  Jamaica  are  in  a  very  ruinous  condition.     We  desire  you  there- 
fore upon  your  arrival  in  Jamaica  to  examine  into  the  state  of 
the  sd.  fortifications,  and  let  us  have  a  perfect  account  thereof 
that  we  may  be  the  better  able  to  judge  whether  this  supply  of 


154 


COLONIAL  PAPERS. 


1718. 


Jan.  9. 

Whitehall. 


Jan.  9. 

Whitehall. 


Jan.  9. 

Whitehall. 


Jan.  9. 

Portsmo.  in 
N.  England. 


Jan.  10. 

Whitehall. 


£150  can  be  conveniently  spar'd  from  the  sum  of  £1250  already 
appropriated  for  the  fortifications  of  that  Island  in  general. 
Having  likewise  receiv'd  from  the  Lords  of  the  Admiralty  the 
extract  of  a  letter  from  Capt.  Baltchin  relating  to  an  agreement 
made  between  him  and  Mr.  Coleman  for  repairing  the  King's 
Naval  Store  House  there  ;  We  inclose  to  you  copies  of  the  sd. 
papers,  and  desire  that  upon  your  arrival  you  will  take  care  the 
sd.  Store  House  be  kept  in  constant  repair,  and  that  H.M.  ships 
of  war  have  all  necessary  accomodations  therein,  during  their 
stay  in  that  Island.  [C.O.  138,  16.  pp.  50,  51.] 

304.  Mr.  Popple  to  Mr.  Burchett.     In  reply  to   Dec.  27th, 
the  Council  of  Trade  have  written  as  in  preceding  concerning 
the  storehouse  in  Jamaica.     [C.O.  138,  16.    p.  52.] 

305.  Order    in    Council.     Approving    Commission    and    In- 
structions for  Governor  Woodes  Rogers  as  proposed  21st  Nov. 
and    llth    Dec.,    1717,    with    two    verbal   alterations.     Signed, 
Edward   Southwell.     Endorsed,    Reed.    30th,    Read    31st   Jan., 
17} £.     1J  pp.     [C.O.  23,   1.     No.  9;    and  5,   189.     p.  376  (a); 
and  324,  33.     p.  121.] 


306.  Order  in  Council.     Samuel  Page  is  removed  from   the 
office  of  Deputy  Secretary  of  Jamaica  and  all  other  offices  of 
trust  in  the  said  Island,  etc.     Signed,  Edward  Southwell.     [C.O. 
324,  33.    pp.  130,  131.] 

307.  Lt.  Governor  Wentworth  to  the  Council  of  Trade  and 
Plantations.     This  is  the  first  opertunity  since  the  arrivall  of 
my  Commisso.  for  Leiut.  Gov.  etc.  in  the  roome  of  Mr.  Vaughan, 
from  whom  I  expect  your  Lordships  has  complaints  lodged  against 
me.     I  know  that  he  can't  make  out  anything  against  me  worse, 
then  that  I  am  a  man  in  trade,  but  I  have  and  am  calling  it  into 
a  narrow  compas  etc.     I  faithfully  promise  to  doe  my  utmost 
endeavours  to  doe  all  possible  honnour  to  my  King  in  the  office 
I  sustaine  etc.     The  smuglin  trade  is  ye  least  carried  on  in  this 
Province  as  in  any  part  of  the  country,  for  this  seven  years  past, 
but  indeed  I  must  say  I  believe  its  in  a  great  measur  oweing  to 
Mr.   Armstrong  our  present  Collecter  care,   etc.     Signed,   Jno. 
Wentworth.     Endorsed,,  Reed.  4th  July,  Read  9th  Dec.,   1718. 
Holograph.     2  pp.     [C.O.  5,  866.     No.   171  ;    and  5,  915.     pp. 
161,  162.] 

308.  Mr.  Popple  to  Sir  William  Thomson.     The  Council  of 
Trade  and  Plantations  having  had  under  consideration  your 
report  of  the  18th  Dec.,  have  still  some  doubt  upon  that  part 
which  relates  to  the  Massachusets  Charter,  because  the  granting 
part  thereof  seems  to  include  the  land  in  question,  and  therefore 
they  have  commanded  me  to  send  you  a  copy  of  your  said  Report 
and  the  Charter  that  you  may  please  to  reconsider  the  same 
etc.     [C.O.  5,  915.    p.  78.] 


AMERICA  AND   WEST  INDIES. 


155 


1718. 
Jan.  10. 

Whitehall. 


Jan.   10. 


Jan.  13. 


Jan.  13. 

Whitehall* 


Jan.  16. 


309.  Petition  of  Thomas  Skerret,  Nicholas  Lynch,  Cornelius 
Holleran,  Peter  Martin,  James  Fallen,  and  Henry  Browne  to 
the  Council  of  Trade  and  Plantations.  On  behalf  of  themselves 
and  other  Popish  inhabitants  of  Antego,  object  to  Act  to  prevent 
encrease  of  Papists  etc.  as  Jan.  4.  q.v.  Add  : — If  it  be  approved 
of,  the  Protestant  inhabitants  of  the'  other  Colony s  as  of  Mary- 
land, will  on  the  least  peek  with  any  of  their  neighbours,  who 
they  know  to  be  a  non- juror,  promote  the  passing  such  an  Act 
as  this  etc.  On  hearing  of  this  Act  the  Govrs.  of  Martinico  and 
Gaudalupa  made  petitioners  severall  advantagious  offers  to 
come  and  settle  among  them,  but  being  thorowly  satisfied  of 
the  happiness  they  enjoy  under  his  present  Majesty,  they  are 
desirous  to  live  under  his  gratious  protection,  unless  banished 
by  this  law  etc.  Endorsed,  Reed.  10th  Jan.,  Read  18th  March, 
17}f  2pp.  [C.O.  152,  12.  No.  69 ;  and  153,  13.  pp.  264- 
268.] 

310.  P.  Diharce  and  Bernardo  de  Guardia  to  the  Council 
of  Trade  and  Plantations.  Pray  for  a  speedy  report  on  their 
petition  of  10th  Dec.,  1717.  Signed,  P.  Diharce,  Bernardo  de 
Guardia.  f  p.  Enclosed, 

310.  i.  Petition  of  P.  Diharce  and  Bernardo  de  Guardia, 
Agents  of  the  Spanish  master  and  owners  of  the 
Nostra  Signora  de  Bethleem,  condemned  at  Jamaica,  to 
the  Council  of  Trade  and  Plantations,  Aug.  28,  1717. 
cf.  10th  Dec.,  1717.  Signed  as  preceding.  Endorsed, 
Reed.  28th  Aug.,  1717.  1  p. 

310.  ii.  Manifest  and  bills  of  lading  of  the  sloop  Nostra  Senora 

de  Belem  in  her  voyage  from  Vera  Cruz  to  Havana. 
Translated  from  the  Spanish.  130  pp.  [C.O.  137,  12. 
Nos.  108,  108  i.,  ii.] 

311.  Governor  Sir  N.  Lawes  to  the  Council  of    Trade  and 
Plantations.     Encloses  following.     Signed,  Nicholas  Lawes.    En- 
dorsed, Reed.  14th,  Read  23rd  Jan.,  17-] -f .     2  pp.     Enclosed, 

311.  i.  Observations  by  Sir  Nicholas  Lawes  upon  some  Acts 

of  Jamaica  not  yet  confirmed.  1J  pp.  [C.O.  137,  12. 
Nos.  Ill,  llli.] 

312.  The  Earl  of  Sunderland  to  the  Council  of   Trade  and 
Plantations.     Encloses  following  for  their  report    "  whether  it 
be  fitting  for  H.M.  to  comply,"   etc.     Signed,  Sunderland.     En- 
dorsed, Reed.  15th,  Read  17th  Jan.,  17|J.     £  p.     Enclosed, 

312.  i.  Petition  of  Lt.  Col.  Martin  Purcel  to  the  King.     Lt.-Col. 

in  Col.  Philips'  regiment  and  Lt.  Governor  of  Placentia, 
petitioner  was  rewarded  for  his  services  in  Spain, 
Portugal  and  the  last  rebellion  by  those  offices.  Being 
informed  that  the  Governor  of  Antegoa  is  recalled,  he 
prays  for  that  appointment,  etc.  French.  1  p.  [C.O. 
152,  12.  Nos.  59,  59  i.  ;  and  153,  13.  pp.  187-189.] 

31 3.  H.M.  Additional  Instructions  to  Governor  Sir  N.  Lawes. 
Quotes  and  approves  Representation  of  Council  of  Trade,  2 1st 


156 


COLONIAL  PAPERS. 


1718. 


Jan.  16. 

St.  James's. 

Jan.  16. 

London. 


Jan.  4-£. 

River 
Essequobo. 


Jan.  20. 

Now  York. 


Dec.,  1717,  upon  petition  of  South  Sea  Company  against  Act  of 
Jamaica  laying  a  duty  of  20s.  pr.  head  upon  negroes  exported  from 
that  Island,  and  Representation  of  Jan.  3,  1718.  The  Act  laying 
an  additional  duty  of  20s.  pr.  head  was  repealed  $th  Jan.  Con- 
tinues : — We  hereby  do  signify  our  will  and  pleasure  unto  you, 
that  you  do  not  pass  any  Law  for  the  future,  that  shall  lay  a 
duty  on  the  re-exportation  of  negroes,  that  have  been,  or  shall 
be  brought  into  Our  said  Island  only  for  refreshment,  and  much 
less  on  such  as  touch  in  Our  ports  of  Jamaica  without  landing 
there.  But  the  Assembly  are  to  have  liberty  to  lay  such  tax 
on  the  negroes  bought  there  as  they  shall  think  fit.  And  our 
further  will  and  pleasure  is,  that  you  do  take  due  notice  of  the 
objections  mentioned  21st  Dec.,  1717.  And  we  do  particularly 
enjoyn  you  carefully  to  observe  the  several  Instructions  already 
given  you  by  us  with  relation  to  the  passing  of  Laws  in  that 
Island,  more  especially  in  such  cases  where  Our  Royal  Prerogative 
or  the  Trade  of  Great  Britain  may  be  any  ways  affected,  which 
precaution  will  be  still  more  necessary  in  the  passing  of  money 
Bills,  than  those  of  any  other  nature,  because  generally  these 
have  their  duration  but  for  one  year,  and  frequently  have  their 
effect  before  Our  Royal  Pleasure  be  known  concerning  them. 
Signed,  G.  R.  [C.O.  324,  33.  pp.  118-120.] 

314.  Copy   of   Governor   Rogers'  Commission,  v.  No.  220  i. 
[C.O.  342,  33.     pp.  122-125  ;   and  5,  189.     pp.  376-380.] 

315.  Col.  Codrington  to  Mr.  Popple.    Asks  for  a  short  day 
for  hearing  him  by  Counsel  in  relation  to  the  grant  of  some  lands 
in  St.   Xtophers,  about  which  he  attended  the  Board  before 
Xtmas.     Signed,  W.  Codrington.     Endorsed,  Reed.,  Read.  17th 
Jan.,  17j|.     Addressed.     I  p.     [C.O.  152,  12.     No.  58.] 

316.  Commander  Van  der  Heyden  Rezen  to  the   Directors 
of  the  Dutch  West  India  Company.     Signed,  Pr.  Van  der  Heyden 
Rezen.      Endorsed,   Read   28th   (N.S.)  April,    1718.     Dutch.     3£- 
pp.     Enclosed, 

316.  i.-xxiii.    Inventories  of  slaves  etc.,  lists  of  goods  required, 

clearances  etc.     Dutch.     52  pp.     [C.O.    116,  21.     Nos. 
156,  1561.  #.] 

317.  Governor  Hunter  to  the  Council  of  Trade  and  Planta- 
tions.    Acknowledges  letters  of  26th  May  and  4th  Sept.     Con- 
tinues : — As  to  the  first,  I  have  issued  a  Proclamation  forbidding 
trade  itfith  the  French  Plantations,  what  effect  it  may  have  in 
deterring  men  from  it  I  cannot  tell,  no  vessels  ever  did  clear  for 
these  ports,  neither  would  it  have  been  suffer'd ;    and  at  their 
return  tho'  it  be  apparent  that  they  have  been  in  these  ports, 
yet  as  your  Ldships.  have  hinted,  there  being  no  Acts  of  Parlia- 
ment forbidding  that  trade,  or  inflicting   penaltys  for  such,  all 
I  can  doe  is  to  vex  them,  which  has  already  provok'd  the  spleen 
of  some  of  the  tradeing  sort,  in  the  mean  time  whatever  is  in 
my  power  to  discourage  it  shall  be  executed.     Returns    "  most 
humble  and  most  hearty  thanks  "  for  letter  of  4th  Sept.,   "  with 


AMERICA  AND  WEST  INDIES.  167 

1718. 

Mr.   Secretary   Addison's   signification   of   H.M.   most  gracious 
pleasure,  and  condescention  in  favour  of  me  his  unworthy  but 
most  zealous  and  faithfull  servant  :    as  this  will  undoubtedly 
supress  all  the  seditious  attempts  of  that  most  contemptible 
party,  I  cannot  forbear  congratulating  your  Ldships.  upon  it, 
seeing  by  means  of  that  you'll  be  eas'd  of  much  trouble,  and  H.M. 
service  in  these  parts  goe  forward  as  you  would  have  it.     At  the 
same  time  (and  all  by  the  last  post  from  Boston)  I  receiv'd  one 
from  your   Secretary,   with  Mr.   Mullford's   complaints,   which 
I  think  have  been  effectualy  answerd  by  the  Council  and  Assembly 
here  some  time  before  I  receiv'd  them,  and  the  answer  transmitted 
to  the  Agent  in  order  to  be  laid  before  your  Lordships,  in  which 
you'll  observe  that  he  is  in  effect  declar'd  what  he  realy  is,  and 
in  all  Governments  has  been,  an  enemy  to  the  Publick  :   this  was 
occasiond  by  the  paper  printed  at  London  call'd  a  Memorial  of 
Aggreivances,  and  dispersd  here.     I  did  not  indeed  think  him 
worth  that  notice  he  being  realy  a  craz'd  man,  but  since  he  has 
given  your  Ldships.  the  trouble  of  his  complaints  I  shall  now 
again  (for  I  have  done  it  often  before)  state  that  case  of  the 
whale  fishing,  that  you  may  have  it  in  view.     It  was  the  custom 
in  this  Province  long  before  I  had  the  honour  to  preside  in  it, 
as  will  appear  by  the  enclosed  lycences,  for  all  whale  fishers  to 
take  out  lycences  from  the  Governour  for  such  fishing,  they 
agreeing  and  promiseing  as  fees  or  acknowledgment,  to  pay  the 
twentieth  part  of  the  produce  after  all  expence  is  deducted. 
Soon  after  my  arrival  here  many  such  fishers  (I  know  not  but 
Mr.  Mullford  might  have  been  in  one  or  other  of  these  Company s) 
came  voluntarily  to  me  for  such  lycences.     Mr.  Mullford  at  last 
thought  fit  singly  to  dispute  that  right.     The  matter  was  put 
upon  an  issue  at  law,  pending  the  suit  1  submitted  it  to  your 
Ldships,  sent  you  the  pleadings,  and  begg'd  the  Attorney  Genls. 
advice  or  opinion  which  was  transmitted  to  me,  etc.  quoted,  in 
which,  after  haveing  remark'd  some  errors  in  the  pleadings  on 
both  sides,  he  concluded  that  judgment  ought  to  be  given  for 
the  Crown,  long  after  the  receipt  of  Mr.  Attorney's  opinion,*  and 
a  rule  for  correcting  the  pleadings  on  both  sides,  judgment  was 
accordingly  given  for  the  Crown,  no  appeal  lodg'd  or  offer'd.     I 
agree  with  the  Gentlemen  brought  by  Mr.  Mullford  before  yr. 
Ldships.  that  there  was  not  at  any  time  neither  is  there  now  any 
tax  or  duty  upon  whale  oyl,  or  whale  bone  in  these  Provinces,  if 
they  mean  that  there  never  was  any  acknowledgment  paid  for 
lycences  it  is  false,  for  the  inclosed  lycences  were  issued  dureing 
the  residence  of  Mr.  Cox  and  Mr.  Godfrey  in  these  Provinces, 
of  which  Mr.  Cox  then  a  Councellor  cannot  pretend  ignorance. 
As  to  the  proposal  made  by  some  merchants,  all  strangers  to  me, 
and  known  but  by  a  few  on  this  side,  I  must  observe  that  if  the 
whale  fishing  be  decay 'd  it  is  not  for  want  of  numbers  of  fishers, 
for  it  is  evident  they  increase  yearly,  but  as  the  skillfull  fishers 
declare  it  is  oweing  to  the  frequent  wounding  of  whales  which 
not  being  catched  fright  away  the  rest,  neither  is  it  so  much 
decay d  as  is  pretended,  but  the  truth  of  the  matter  is  that  the 
town  of  Boston  is  the  port  of  trade  of  the  people  inhabiting  that 


158  COLONIAL  PAPERS. 

1718. 

end  of  Long  Island  of  late  years,  so  that  the  exportation  from 
hence  of  that  commodity  must  in  the  books  be  less  than  formerly, 
but  I  must  farther  observe  that  though  ye  perquisite  ariseing 
by  these  lycences  is  in  its  self  so  inconsiderable  that  it  is  worth 
no  Governours  time  to  dispute  it,  yet  should  it  at  this  time  be 
given  up  it  would  only  open  a  gap,  and  give  encouragement  to 
Mr.  Mullford  and  such  as  he  has  misled  to  dispute  every  in- 
dividual right  of  the  Crown,  or  perquisite  of  the  Government 
whatsoever,  and  the  time  has  been,  and  may  come  again  when  if 
the  Governour  and  the  officers  have  no  fees,  he  and  the  officers 
may.  be  left  to  starve  or  beg  for  bread,  and  perhaps  beg  in  vain, 
if  they  have  not  wherewithal  to  subsist  themselves.  For  instance 
one  other  part  of  Mr.  Mullford's  complaint,  the  quit  rents,  upon 
my  arrival  here  the  Receiver  General  complain'd  that  there 
was  a  total  cessation  of  payment  of  quit  rents,  and  beggd  for  a 
remedy,  he  hop'd  for  none  in  the  common  course  of  law,  the 
delinquents  not  only  trusting  to,  but  bragging  of  the  impossibility 
of  finding  jurys  in  the  country  that  would  give  a  verdict  for  the 
Crown  if  left  to  a  jury,  upon  which  the  delinquents  were  sub- 
poena'd  to  the  Court  of  Chancery,  which  immediately  had  its 
effect,  for  the  arrears  of  quit  rents  were  immediately  brought 
in,  and  have  ever  since  been  regularly  paid  into  the  King's 
Receiver.  As  to  Mr.  Mullford's  being  cited  whilst  he  was  not  a 
trustee  for  that  township,  truly  it  may  be  so,  for  it  is  impossible 
for  an  Attorney  General  to  know  precisely  the  names  of  the 
trustees  of  a  township  who  are  shifted  and  chang'd  so  frequently, 
and  at  that  distance,  but  if  he  was  not  then  he  had  immediately 
before  been  one  of  the  trustees  and  at  all  times  has  mismanagd  and 
misled  that  poor  people  who  have  little  harm  in  them  if  he  keeps 
away  from  them,  and  I  have  reason  to  beleive  that  by  the  very 
next  conveyance  I  shall  send  your  Lordships  their  formal  renun- 
ciation of  him,  and  all  his  works,  but  if  Mr.  Mullford  had  delay d 
or  refusd  to  pay  his  quit  rents,  as  he  actually  did,  what  exempted 
him  from  prosecution.  Had  I  followd  Mr.  Mompesson's  advice 

in  the cessavit  per  biennium,  and  by  virtue  of  that  vacated 

their  grants,  they  would  have  had  more  reason  to  complain. 
Although  as  I  humbly  presume  the  Agent  has  laid  before  your 
Ldships.  a  copy  of  the  Genl.  Assembly's  address  to  me,  relateing 
to  that  man  and  his  conduct,  yet  I  herewith  send  it  again  marked 
(C)  together  with  the  minutes  of  Council  by  which  the  Council 
approve,  and  joyn  with  them  in  said  address.  Mr.  Mullford  was 
prosecuted  for  printing  or  causing  to  be  printed  pubblishing 
and  dispersing  a  false  scandalous  and  malicious  libel  unjustly 
reflecting  on  the  Governour,  and  Governt.  of  this  Province 
(as  that  Assembly  which  expell'd  him  term'd  it)  with  an 
intent  to  raise  sedition  amongst  the  people,  and  in  their  minds 
an  aversion  to  both,  and  as  much  as  in  him  lay  (as  by  that  peice 
of  eloquence  its  self  appears  which  I  have  formerly  sent  to  your 
Ldships.)  to  obstruct  the  settlement  of  a  revenue,  or  any  support 
of  Government,  to  which  he  has  been  in  all  times  an  open  avowd 
enemy,  so  it  is  false  what  he  affirms  that  he  was  prosecuted  for 
makeing  a  speech  in  the  house,  he  has  fled  however  from  that 


AMERICA  AND  WEST  INDIES.  159 

1718. 

prosecution,  and  left  his  security  in  the  lurch.  Encloses  a  list 
of  all  the  Acts  passd  in  this  last  Session  of  Assembly  here,  which 
had  a  period  very  lately,  as  soon  as  they  can  be  ingrossed  I 
shall  transmit  them  with  the  necessary  observations.  The  Act 
for  paying  the  remainder  of  all  the  publick  debts  occasion 'd 
the  length  of  this  Session,  at  this  time  I  shall  say  no  more  of 
that  act  than  that  it  is  just  in  its  self,  paying  to  absents,  minors, 
and  executors  what  was  justly  due  to  them,  but  neglected  in 
the  former  act  for  that  purpose  and  (which  is  I  am  sure  a  good 
argument  for  it  with  your  Ldships.)  paying  those  (or  their  heirs) 
who  took  up  arms  in  favour  of  the  happy  revolution,  and  con- 
tinued in  the  service  in  the  several  forts  for  that  very  cause  a 
considerable  time  at  their  own  cost,  without  any  acknowledg- 
ment or  satisfaction  'til  now,  and  besides  this  I  have  had  the 
luck  to  get  allowance  made  in  it  for  many  publick  and  necessary 
services,  which  without  this  act  could  not  easily  have  been 
compass 'd  :  the  cry  which  a  few  made  against  the  strikeing 
more  bills  has  no  ground,  or  foundation,  for  there  being  real 
fonds  given  for  the  sinking  such  bills,  they  can  have  no  less 
credit  than  the  former,  which  are  at  this  very  time  twenty-five 
per  cent,  better  than  those  of  all  our  neighbouring  provinces, 
and  in  some  fifty  per  cent,  even  in  their  own  tradeing  towns, 
and  I  do  affirm,  and  beleive  your  Ldships.  may  have  observ'd, 
that  since  the  circulation  of  these  bills  the  trade  of  the  place 
has  increas'd  at  least  above  one  half  of  what  it  was,  the  truth  of 
the  matter  is,  this  circulation  ennables  the  many  to  trade  to  some 
small  loss  to  the  few  who  had  monopolis'd  it,  and  that  is  the 
true  cause  of  the  cry,  if  ever  it  should  reach  yr.  Ldships.  ears. 
Refers  to  Attorney  General's  opinion,  enclosed.  Signed,  Ro. 
Hunter.  Endorsed,  Reed.  24th,  Read  28th  March,  1718.  9  pp. 
Enclosed, 

317.  i.-viii.  Eight  licences  for  whale  fishing  issued  by  Gover- 
nor Lord  Cornbury  and  Lt.  Governor  Ingoldesby,  1705- 
1709. 

317.  i x .  Warrant  by  G  overnor  Lord  Cornbury  for  seizing  whale- 
oil  and  bone  made  by  Samuel  Mullford  without  licence. 
1st  Dec.,  1705.  Nos.  i.-ix.  endorsed  as  covering  letter. 
317.  x.  Opinion  of  Sir  E.  Northey,  Attorney  General,  upon 
proceedings  concerning  the  whale  fishery  at  New  York, 
30th  July,  1713.  Same  endorsement.  Copy,  f  p. 
317.  xi.  Address  of  the  Assembly  of  New  York  to  Governor 
Hunter.  We  have  had  under  our  consideration  the 
paper  entituled  a  Memorial  of  severall  agreivances  and 
oppressions  of  H.M.  subjects  sent  us  by  your  Excellency 
etc.  We  are  utterly  strangers  at  present  to  greivances 
and  oppressions  which  if  there  were,  wee  of  all  men  are 
under  the  greatest  tye  and  obligation  to  remonstrate 
the  same  to  you.  There  is  no  money  raised  or  tax 
imposed  on  the  people  of  this  Colony  but  by  their  own 
consent  in  generall  Assembly  which  is  chearfully  given 
by  a  dutifull  people  towards  the  support  of  his  most 
sacred  Majesty's  Government  over  us,  and  which  hath 


160  COLONIAL  PAPERS. 

1718. 


been  duly  and  faithfully  apply'd  to  the  uses  intended  and 
accounted  for,  to  the  satisfaction  of  the  Generall  Assem- 
bly during  the  time  of  your  Excellency's  administration, 
and  you  cannot  with  the  least  appearance  of  truth  be 
charged  with  the  misapplycation  of  the  publick  money 
or  that  in  the  administration  of  the  Government  you 
have  in  any  instance  strecht  your  power  beyond  its 
just  limitts.  The  prosecution  for  Capt.  Mulford  was 
not  for  his  endeavouring  to  have  justice  and  right 
done,  or  speaking  for  the  property  and  liberty  of  the  sub- 
j  ec  ts  as  is  represented  by  the  Memorialist .  But  for  writing 
printing  and  publishing  a  scandalous  lybell  against  the 
Government  of  this  Colony  to  prevent  the  raising  any 
support  for  it.  He  had  first  attempted  it  by  way  of 
speech  in  the  Generall  Assembly  of  which  he  then  was 
a  Member  and  was  heard  and  past  with  impunity  but 
when  he  ventured  to  print  and  publish  what  he  there 
had  said  he  was  expelled  as  he  justly  deserved.  The 
Memorialist  (if  he  be  not  the  same  person)  wee  believe 
received  the  accounts  he  gives  from  him  who  tho  one  of 
the  Assembly  of  this  Colony  is  very  much  a  stranger 
to  the  affaires  and  interest  of  it,  and  to  promote  his 
beloved  Connecticut  an  enemy  to  it,  the  being  tributaries 
to  barbarous  heathens  was  a  cant  very  frequent  with 
him  while  in  the  House  and  used  by  him  to  hinder  the 
raising  those  necessary  supplies  the  Government  wanted 
to  use  in  the  Indian  affaires.  But,  wee  thank  God, 
without  any  other  effect  than  affording  now  and  then 
some  de version,  'tis  a  little  odd  in  a  Memorialist  who 
talks  so  warmely  for  liberty  and  property  and  represents 
the  Province  to  be  miserably  distrest  if  not  vassall  by 
the  raising  of  £30,000  for  a  Canada  Expedition,  £27,000 
for  the  paying  of  their  debts  and  about  £4,000  a  yeare 
to  support  the  Government,  to  propose  an  expedition 
against  the  Indians  at  the  expence  of  half  our 
personall  estates  at  once,  for  the  pious  purpose  of 
cutting  their  throats  and  possessing  their  lands,  and 
to  make  this  chimericall  project  appear  practicable, 
instances  a  Quebeck  Expedition  that  brought  3,000  of 
them  to  temper  with  the  loss  of  only  three  men,  and 
two  Granada  shells.  But  wicked  and  ridiculous  as 
this  Memoriall  is,  it  may  be  attended  with  effects  worthy 
the  care  of  a  Brittish  Ministry  to  prevent,  and  had  it 
been  given  some  years  since  when  the  French  were  our 
enemies  in  the  manner  it  now  was  to  the  Members  of 
the  House  of  Commons  it  would  hardly  afailed  of 
bringing  an  Indian  warr  upon  all  the  Colonies  of  English 
on  the  Continent.  Your  Excellency  is  not  ignorant  that 
by  villainous  arts  the  Indians  are  made  to  believe  that 
the  English  on  the  Continent  have  agreed  to  cutt  them 
off  and  that  you  are  the  only  Governour  that  have 
refused  to  joyne  in  that  execrable  project,  that  it  was 


AMERICA  AND  WEST  INDIES.  161 

1718. 

with  difficulty  they  were  perswaded  to  disbeleive  it 
(if  yet  they  do  so)  and  if  this  silly  Memoriall  should 
fall  into  the  hands  of  the  enemies  of  the  Government 
either  forreigners  or  English  what  mischeivous  use 
might  not  be  made  of  it.  The  Indians  will  be  told 
such  a  proposall  has  been  made  and  to  the  Members  of 
a  Brittish  Parliament  and  that  it  is  under  their  con- 
sideration. Your  Excellency  but  too  well  knows  the 
ill  impressions  the  Indians  have  received,  and  the  dis- 
position they  are  in  to  beleive  such  a  tale,  and  the  ill 
consequences  that  must  attend  the  beleife  of  it.  For 
our  parts,  wee  think  ourselves  bound  to  declare  our 
abhorrence  and  detestation  of  reducing  the  Indians  by 
force  and  possessing  their  lands,  except  they  first  make 
warr  upon  us,  for  to  the  steadyness  of  these  Indians  to 
the  interest  of  Great  Brittaine  it  is  that  wee  owe  in  a 
great  measure  our  present  security  from  the  irruptions 
of  the  more  barbarous,  whilst  the  warr  with  France 
continued,  this  Colony  was  not  only  covered  and  defen- 
ded by  these  Indians  but  when  expeditions  were  under- 
taken against  the  French  on  this  side,  wee  ever  found 
them  most  ready  to  assist  in  them  with  all  their  force, 
so  that  besides  the  injustice  of  such  a  vile  attempt  as 
surmised  in  that  paper,  if  it  were  practicable  such  an 
action  must  bear  the  brand  of  the  blackest  perfidie 
and  ingratitude,  and  we  hope  your  Excellency  and 
Councill  will  joine  with  us  in  directions  and  instructions 
to  the  Agent  to  find  out  this  offender  and  make  apply  - 
cation  to  H.M.  Ministers  in  order  to  his  being  brought 
to  justice.  Signed,  W.  Nicoll,  Speaker.  21st  Oct., 
1717.  Same  endorsement.  Copy.  1J  pp. 

317.  xii.  Minutes  of  Council  of  New  York,  21st  Oct.  and  21st 
Nov.  1717.  Concur  with  preceding  and  recommend 
that  a  paper  signed  Samuell  Mulford  and  intituled  An 
Information  be  communicated  to  the  Assembly  etc. 
Same  endorsement.  2J  pp. 

317.  xiii.  List  of  23  Acts  of  New  York  passed  27th  May— 
23rd  Dec.,  1717.  Same  endorsement.  2J  pp. 

317.  xiv.  Report  upon  Mr.  Mulford's  complaint  against 
Governor  Hunter  by  "  the  person  who  acts  as  Attorney 
General  of  New  York."  Same  endorsement.  2|  pp. 
[C.O.  5,  1051.  Nos.  58,  58  i.-xiv.  ;  and  (without 
enclosures)  5,  1124.  pp.  1-11.] 

Jan.  20.  318.  Petition  of  Ollivier  Tulon  to  the  King.  Prays  for 
H.M.  Order  that  Sir  John  Lambert  may  pay  him  the  £400  due 
to  him  according  to  H.M.  Order  of  Sept.  3rd,  1717  ;  that  he  may 
be  allowed  to  return  to  St.  Pierre  and  pursue  his  fishing  there  ; 
that  his  sureties  at  Bilbao  may  be  discharged  ;  and  himself 
compensated  for  his  expenses  and  loss  of  time,  etc.  Signed, 
Ollivier  Tulon.  Endorsed,  Mr.  Sec.  Craggs  wrote  to  the  Lt. 
Governor  of  l^lacentia  to  permit  Tulon  to  his  house  and  fishing 
Wt,  441.  C.P.  11. 


162 


COLONIAL  PAPERS. 


1718. 

trade,  and  to  the  Consul  at  Bilbao  to  discharge  his  securities. 
2J  pp.     Enclosed, 

318.  i.  Account  of  Tullon's  fish  sold  at  Bilbao  26  Nov.  (N.S.), 

1717.     2pp. 

318.  ii.  [?  Ollivier  Tulon]  to  Mr.  Secretary  Addison.  The  fish 
has  been  sold  at  Bilbao  for  2,926  peices  of  £  etc.  No 
date  or  signature.  Copy,  f  p.  [C.O.  194,  23.  Nos. 
27,  27  i.,  ii.] 

Jan.  20.  319.  Council  of  Trade  and  Plantations  to  the  Earl  of  Sunder- 
Whitehaii.  land.  Reply  to  13th  Jan.  Col.  Purcell  has  informed  us  that  by 
the  Government  of  Antigua,  he  meant  the  Government  of  the 
Leeward  Islands  etc.  We  have  not  had  any  intimation  of 
H.M.  intentions  to  remove  the  present  Governor.  [C.O.  153,  13. 
p.  190.] 

Jan.  23.         320.     Council  of  Trade   and   Plantations   to    Mr.   Secretary 
Whitehall.    Addison.     Enclose  following  to  be  laid  before  H.M. 

"  320.  i.  Council  of  Trade  and  Plantations  to  the  King.  Re- 
presentation upon  the  petition  of  William  Cockburne 
(v.  21st  Nov.,  1717).  The  petitioner  seems  to  suffer 
very  great  hardship  by  the  decree  of  Chancery  in 
Jamaica,  and  very  justly  to  deserve  your  Majesty's 
favour  ;  But  since  the  Governor  of  Jamaica  is  restrain 'd 
by  your  Majesty's  Instructions  from  allowing  an  appeal 
to  your  Majesty  in  any  cause  under  the  value  of  £500 
sterling,  which  excludes  the  petitioner's  case  ;  We  are 
humbly  of  opinion  that  your  Majty.  may  by  a  particu- 
lar order,  dispence  with  that  Instruction  and  direct 
your  Governor  to  allow  of  an  appeal  for  the  reasons 
mention'd  in  the  Attorney's  report  hereunto  annexed. 
[C.O.  138,  16.  pp.  59-61.] 

Jan.  23.  321 .  Thomas  Minshall  and  other  Fishmongers  to  the  Council 
of  Trade  and  Plantations.  Support  Mr.  Borland's  petition 
(v.  22nd  Oct.,  1717),  the  demand  for  sturgeon  being  great  and 
the  fishing  at  Pillaw,  Dantzick  and  the  Elbe  decreasing  etc. 
Signed,  Tho.  Minshall  and  six  others.  Endorsed,  Reed  ~  23rd, 
Read  24th  Jan.,  17JJ.  f  p.  [C.O.  5,  866.  No.  133  ;  and  5, 
915.  pp.  79,  80.] 

[Jan.  24.]  322.  Copy  of  a  dedimus  to  Thomas  Bernard,  Chief  Justice 
of  Jamaica,  to  administer  the  oaths  to  William  Broderick,  Attorney 
General,  and  William  Nedham  and  James  Risbee,  Assistant 
Judges  of  the  Supreme  Court,  and  Thomas  Barrow.  9th  July, 
1716.  Signed,  A.  Hamilton.  With  certificate  by  Thomas 
Bernard  that  he  did  so  administer  them.  12th  July,  1716. 
Signed,  Tho.  Bernard.  Endorsed,  Reed.  24th  Jan.,  Read  April 
2nd,  1718.  3pp.  [C.O.  137,  13.  No.  2.] 

[Jan.  24.]  323.  Copy  of  a  Commission  for  rehearing  the  trial  of  the 
sloop  Kingston,  9th  July,  1716.  Signed,  A.  Hamilton.  Endorsed 
as  preceding.  5f  pp.  [C.O.  137,  13.  No.  3.] 


AMERICA  AND  WEST  INDIES.  163 


1718. 

[Jan.  24.]  324.  Copy  of  a  dedimus  to  Wm.  Brodrick  and  Wm.  Nedham 
for  administering  oaths  to  Thomas  Bernard,  v.  supra.  9th  July, 
1716.  Signed,  A.  Hamilton.  With  certificate  that  the  oaths 
were  duly  administered.  12th  July,  1716.  Signed,  Wm.  Brod- 
rick. Endorsed  as  preceding.  3pp.  [(7.0.137,13.  No.  4.] 

Jan.  24.  325.  Council  of  Trade  and  Plantations  to  the  King.  Quote 
Whitehall*  petition  of  Christopher  Stoddard  (v.  Uth  Nov.,  1717.) 
Continue : — We  have  discoursed  several  times  with  the  said 
Stoddard  and  have  considered  the  several  proofs  he  has  produced 
to  us,  we  have  likewise  spoken  with  the  widow  of  Capt.  Mitchel 
and  with  such  other  persons  as  were  able  to  give  us  any  informa- 
tions about  this  matter  ;  and  thereupon  we  humbly  take  leave 
to  represent  to  your  Majesty,  that  the  said  Stoddard  was  really 
a  sufferer  as  he  alledges  when  the  French  plundered  the  Island 
of  St.  Xphers  in  1706,  and  had  a  debenture  allowed  him  on  that 
account  but  that  the  plantation  on  which  he  was  at  that  time 
setled  did  not  belong  to  himself,  but  to  a  brother  of  his  by  virtue 
of  a  temporary  grant,  that  when  your  Majesty's  petitioner  setled 
again  on  the  same  plantation  after  the  French  left  the  Island 
the  grant  made  to  his  bro.  was  expired  and  he  had  not  obtained 
any  for  himself  and  that  tho'  he  may  have  suffered  by  being 
afterwards  disposessed  of  the  said  plantation  by  Col.  Parke, 
yet  he  never  before  now  made  any  complaint  on  that  account. 
As  to  what  he  complains  of  his  being  disposessed  now  lately  by 
one  James  Milliken  of  the  other  plantation,  which  he  says  he 
had  been  put  in  posession  of  by  Captain  Mitchel,  we  find  the 
state  of  this  matter  to  be  as  follows  ;  that  Captain  Mitchell 
having  a  grant  from  Col.  Douglas  for  3  years  of  the  said  Planta- 
tion did  some  few  months  before  the  grant  was  to  expire  treat 
with  Stoddard  about  entring  with  him  in  partnership  on  the 
said  plantation  ;  that  accordingly  Stoddard  did  bring  some 
negroes  of  his  own  upon  it  and  by  their  labour,  and  with  some 
assistance  from  negroes  belonging  to  Captain  Mitchell  did  erect 
a  dwelling  house  for  himself  upon  the  plantation,  Captain  Mitchell 
having  one  there  already  and  likewise  cleared  some  few  acres  of 
land  :  However  there  had  only  passed  a  verbal  agreement,  and 
none  in  writing  between  Captn.  Mitchell  and  Stoddard.  Captain 
Mitchel  dyed  soon  after  and  his  widow  sent  to  require  Stoddard 
to  quit  the  plantation,  she  having  consigned  the  house  belonging 
to  her  late  husband  and  all  the  right  she  might  have  to  the  plan- 
tation to  one  Mr.  Cunyngham  who  was  to  give  her  a  valuable 
consideration,  in  case  he  could  get  a  renewall  of  the  grant  which 
Captain  Mitchell  had  for  the  said  plantations.  That  soon  after 
the  widow  came  over  to  England,  and  it  appears  that  Stoddard 
continued  on  the  plantation  for  some  time  undisturbed  (without 
having  obtained  any  grant  for  it).  But  upon  the  arrival  of  Genl. 
Hamilton  the  present  Governor  of  the  Leeward  Islands,  Stoddard 
as  he  affirms  did  make  application  to  him  for  a  temporary  grant 
of  the  said  plantation  to  which  the  Governor  answered  he  had 
promised  the  grant  of  that  plantation  to  one  James  Milliken  but 
would  give  Stoddard  some  other  which  he  the  said  Stoddard 


164 


COLONIAL  PAPERS. 


1718. 


Jan.  27. 

Whitehall. 


Jan.  27. 

Whitehall. 


Jan.  28. 

Whitehall. 


not  being  satisfyed  with  and  refusing  to  withdraw  from  the 
plantation  after  the  grant  of  it  had  been  given  to  the  said  Milliken, 
he  has  been  ejected  by  course  of  law.  Considering  what  has 
been  laid  before  us  about  this  matter,  we  do  not  find  that  Stoddard 
has  properly  any  right  to  the  plantation,  yet,  if  it  be  true  as  he 
affirms,  that  he  had  made  considerable  improvemts.  upon  it,  he 
seems  upon  this  account  as  well  as  upon  that  of  his  former 
sufferings,  and  of  his  numerous  family,  to  have  at  least  some 
title  to  your  Majesty's  compassion.  But  we  have  no  account 
what  Genl.  Hamilton  or  James  Milliken  may  have  to  offer  about 
this  matter  there  being  no  persons  here  instructed  to  appear 
for  them.  We  beg  leave  to  offer  to  your  Majesty,  that  a  copy 
of  Stoddard's  petition  may  be  sent  to  Genl.  Hamilton  and  to 
the  said  Milliken  for  their  speedy  answers  thereto.  [0.0.  153, 
13.  pp.  206-211.] 

326.  Council  of  Trade  and  Plantations  to  the   King.     Re- 
presentations upon  the  Act  of  New  Jersey,  llth  March,   1713, 
that  the  solemn  affirmation  and  declaration  of  the  people  called 
Quakers  shall  be  taken  instead  of  an  oath  in  the  usual  form,  and 
for  qualifying  them  to  serve  as  jurors  and  to  execute  any  office  etc. 
Tho'   this  Act  gives  the   Quakers  greater  indulgence,   than  is 
allowed  them  in  this  Kingdom,  yet  as  your   Ma j ties.  Governor, 
and  other  persons  concerned  in  the  affairs   of  that  Province 
have  represented  to  us  that  this  Act  is  absolutely  necessary  for 
the  strengthening  the  hands  of  the  Government  there,  we  have 
no  objection  why  your  Majesty  may  not  be  graciously  pleased 
to  confirm  the  sd.  Act.     [C.O.  5,  995.    p.  426.] 

327.  Council   of  Trade   and  Plantations    to   Mr.   Secretary 
Addison.     Sir  Nicholas  Lawes  having  acquainted  us  this  morning 
with  his  intention  of  going  next  Monday  to  Portsmouth  in  order 
to  proceed  immediately  to  his  govt.  of  Jamaica,  desir'd  that 
before  he  gos,  he  may  receive  H.M.  directions,  concerning  the 
following  matters  ;  vizt.  the  opinion  of  the  Attorney  and  Sollicitor 
General  upon  some  observations  made  by  Sir  Nicholas  Lawes, 
concerning  H.M.  Proclamation  for  pardoning  pirates  etc.     Our 
Representation  (Sept.)  for  renewing  the  Commission  for  trying 
pirates  etc.,  and  our  letter  (Oct.  24th)  relating  to  Mr.  Page  ; 
Sir  N.  Lawes  acquainted  us  that  he  thought  it  absolutely  necessary 
for  H.M.  service  that  the  said  Page  shoud  be  remov'd  ;    We 
cannot  but  agree  intirely  with  him  in  this  particular  as  well  as 
in  the  necessity  of  his  receiving  H.M.  directions,  concerning  the 
other  matters  beforemention'd  ;  and  therefore  we  desire  you  will 
be  pleas'd  to  lay  these  matters  before  H.M.  that  his  pleasure 
concerning  them  may  be  known  before  Sr.  Nich.  Lawes  leaves 
Great  Britain.     [C.O.  138,  16.    pp.  61-63.] 

328.  Earl  of  Sunderland  to  the  Council  of  Trade  and  Plan- 
tations. '.  Encloses  following.     It  is  H.M.  pleasure  that  you  take 
care   that  the  same   be   complyed  with.     Signed,   Sunderland. 
Endorsed,  Reed.  28th,  Read  29th  Jan.,  1718.     1  p.     Enclosed, 


AMERICA  AND  WEST  INDIES. 


165 


1718. 


Jan.  28. 
Whitehall. 


Jan.  28. 

Boston. 


328.  i.  Address  of  th'e  House  of  Commons  to  the  King,  Jan. 

27,  1718,  that  a  report  by  the  Council  of  Trade  relating 
to  Naval  Stores  may  be  laid  before  the  House.  Copy. 
1  p.  [C.O.  323,  7.  Nos.  118,  118  i.  ;  and  324,  10. 
pp.  158,  159.] 

329.  Council  of  Trade  and  Plantations  to  Governor  Hamilton. 
We  have  in  former  letters  recommended  to  you  the  using  your 
utmost  endeavours,  to  hinder  the  inhabitants  of  Anguilla,  as  well 
as  of  St.  Christophers  and  other  Islands  under  your  Government 
from  dispersing  themselves  and  setling  in  Crab  Island,  by  giving 
them  assurances  that  they  will  be  provided  for  as  soon  as  ever 
the  French  part  of  St.  Christophers  is  disposed  of  by  publick 
authority,  which  we  hope  will  now  be  very  soon  done  ;    We 
must  again  recommend  this  to  you  as  a  matter  of  a  very  great 
importance,  and  desire  you  to  send  us  by  the  very  first  oppor- 
tunity an  account  of  the  present  state  of  the  said  French  part 
of  St.  Christophers,  specifying  how  much  of  it,  is  possessed  by 
temporary  grants  from  you,  or  any  former  Governors,  how  much 
is  disposed  of  by  absolute  grants  from  the  Crown?  and  what  part 
still  remains  not  possessed  or  disposed  of  ?   in  this  account  you 
will  mention  the  names  of  each  grantee,  his  qualifications,  the 
number  of  acres  he  enjoys,  what  improvements  he  has  made 
upon  his  plantation,  and  how  long  he  has  been  in  possession  of 
it ;  And  as  you  may  have  thought  fit  not  to  renew  several  grants, 
which  had  been  made  by  former  Governors,  but  to  grant  out  the 
same  plantations  to  other  persons,  we  desire  you  to  send  us  a 
particular  account  what  alterations  of  that  kind  you  have  made  ; 
the  names  of  the  persons  removed,  as  well  as  of  the  persons  in 
favour  of  whom  you  made  these  alterations,  and  your  reasons 
for  so  doing  ;   we  must  on  this  occasion  observe  to  you,  that  it 
will  not  be  proper,  you  should  for  the  future  make  any  altera- 
tions of  that  kind  :   you  cannot  but  be  sensible,  that  when  the 
time  for  the  disposing  of  the  aforesaid  French  part  of  St.  Xtophers 
draws  near,  we  shall  have  many  applications  in  behalf  of  present 
and  former  possessors  of  plantations  in  the  said  part  of  the 
Island  ;    and  therefore  you  will  think  it  highly  necessary,  even 
for  your  own  sake  that  we  should  be  fully  and  truely  informed 
of  the  several  particulars  we  now  desire  you  to  send  an  account 
of ;    we  shall  for  the  same  reason  expect  to  have  this  account 
as  soon  as  possibly  may  be,  We  once  more  recommend  to  you 
the  care  of  hindring  the  inhabitants,  and  particularly  those  of 
St.   Xtophers  from  removing  from  thence,  and  we  desire  to 
know,  if  any  are  lately  removed,  the  numbers  of  them,  and 
what  you  believe  to  have  been  the  occasion  of  their  removing. 
[C.O.  153,  13.     pp.  211-213.] 

330.  Mr.  Cumings  to  the  Council  of  Trade  and  Plantations. 
The  export  of  navall  stores  from  Christmas,  1716  to  1717  from  this 
port  to  Great  Brittain  [was]  8294  barls.  pitch,  14,591  barls.  tar, 
13,160  barls.  turpentine,  3,152  barls.  oil.    Besides  sugar,  molosses, 
ginger,  furrs,  wood  for  dying  and  555,000  of  hhd.  and  barl. 


166 


COLONIAL  PAPERS. 


1718. 


Jan.  29. 

Whitehall. 


Jan.  29. 

Whitehall. 


Jan.  29. 

Whitehall. 


Jan.  29. 

Whitehall. 


staves  and  if  your  Lordships  thought  proper  to  gett  the  dutys 
taken  off  the  timber  from  the  Plantations  it  might  be  the  means 
to  incourage  the  making  of  greater  quantities  etc.  The  import 
of  forreign  goods  since  Midsummer  (v.  17th  Sept.,  1717)  stands 
thus,  316  hhds.  molosses,  14  hhds.  rume,  28  barls.  and  teirces 
of  sugar,  19  bags  of  cotton  wooll,  3  hhds.,  2  barls.,  124  bags  of 
cocoa  nutts  :  there  has  been  for  the  last  year  in  all  imported 
1,900  pipes  of  Fyall,  Madera,  and  Canary  wines  and  about  400 
hhds.  rume  from  our  own  Plantations  since  my  last  accot.  etc. 
If  an  Inspector  General  of  all  the  accounts  of  the  import  and 
export  of  the  Continent  was  appointed  it  would  be  a  means 
annualy  to  give  your  Lordships  a  true  state  of  the  trade  of  the 
Continent  etc.  Signed,  Archd.  Cumings.  Endorsed,  Reed.  Read 
28th  Feb.,  17}J.  1  p.  [C.O.  5,  866.  No.  139.] 

331.  Earl  of  Sunderland  to  the  Governor  of  Jamaica.     En- 
closes Order  of  Council,  Jan.  9,  directing  the  removal  of  Samuel 
Page  from  his  office  etc.     Signed,  Sunderland.     [C.O.  324,  33. 
p.  129.] 

332.  Same  to  Mr.  Congreve.     I  send  you  the  copy  of  an 
Order  of  Council  directing  the  removal  of  Mr.  Samuel  Page  from 
being  your  Deputy,  as  Secretary  of  Jamaica  ;  and  I  am  to  signify 
to  you  H.M.  Pleasure,  that  you  forthwith  comply  with  the  said 
Order.    Signed,  Sunderland.     [C.O.  324,  33.    p.  130.] 

333.  Council  of  Trade  and  Plantations  to  the  King.     Recom- 
mend for  confirmation  Act  of  New  York  for  preventing  the  multi- 
plicity of  lawsuits  etc.     [C.O.  5,   1123.    pp.  509,  510  ;    and  5, 
1019.     No.  96.] 

334.  Council   of   Trade    and   Plantations    to    Lt.  Governor 
Spotswood.     Acknowledge    letter    of    Aug.    29th.     We    observe 
with  satisfaction  that  the  journals  you  have  now  transmitted, 
are  minuted  in  the  margent,  as  we  had  desir'd  of  you.     As  it's 
a  very  great  ease  to  us  in  the  multiplicity  of  business  that  is 
before  us  and  a  conveniency  in  finding  out  anything  we  may 
have  occasion  to  look  into.     We  doubt  not  but  you  will  continue 
this  method  for  the  future.     We  likewise  approve  of  the  refor- 
mation you  have  made  in  relation  to  the  Revenue  arising  by  the 
sale  of  lands  etc.     We  have  laid  before  H.M.  what  you  writ  etc. 
concerning  Mr.  Beverley  etc.     H.M.  has  thereupon  been  pleas 'd 
to  direct  that  the  same  be  transmitted  to  His    Envoy    Extra- 
ordinary at  the  Court  of  Spain,  that  proper  applications  be 
made  in  H.M.  name  in  that  matter.     We  are  still  of  the  same 
opinion  we  were  in  relation  to  the  appointing  Courts  of  Oyer 
and  Terminer.     But  that  this  matter  might  be  entirely  out  of 
dispute,  we  sent  the  sevl.  papers  reed,  from  yourself,  as  also  from 
the  Council,  to  Mr.  Attorney  General,  a  copy  of  which  you  have 
here  inclos'd,  to  be  communicated  to  the  Council  that  they  may 
govern  themselves  accordingly  for  the  future.     We  doubt  not 
but  you  will,  on  your  part,  make  a  discreet  use  of  that  power 


AMERICA  AND  WEST  INDIES.  167 

1718. 

lodg'd  in  your  hands,  which  seems  not  proper  to  be  exerted  but 
on  extraordinary  occasions.  It  is  necessary  for  us  in  considering 
the  general  state  of  the  trade  of  this  Kingdom  to  have  accounts 
of  the  trades  of  each  particular  country.  And  as  we  have 
accounts  of  what  goods  are  sent  from  hence  to  the  Maderas  and 
Western  Islands,  so  it  is  requisite  that  we  shou'd  be  inform'd  of 
what  returns  are  made  from  thence.  But  the  main  of  the  exports 
from  those  Islands  being  to  the  Plantations  in  America ;  we  can 
get  here  no  account  of  them.  And  tho'  the  Naval  Officers  do 
sometimes  give  accounts  of  the  entries  of  ships  inwards,  yet  it 
is  in  such  a  confus'd  manner  (sometimes  expressing  the  quantities 
of  goods  in  some  ships  and  oftner  omitting  it)  that  'tis  scarce 
practicable  to  make  a  true  state  of  that  trade  ;  we  desire  you 
therefore  to  give  immediate  directions  to  the  proper  officer  to 
make  out  an  account  of  the  imports  from  the  Maderas  and 
Western  Islands  for  three  years  last  past,  and  to  send  us  the 
same  by  the  first  opportunity  :  And  for  the  future  we  desire  you 
to  take  care  to  give  us  annual  accounts  of  the  said  imports.  We 
are  further  to  desire  of  you  a  particular  account  of  all  grants  of 
land  made  by  you  since  your  Govt.  whether  they  be  temporary 
or  perpetual  specifying  the  number  of  acres  granted,  what  quit 
rent  is  reserv'd  upon  them  with  the  name  of  the  grantee,  and 
the  reasons  inducing  you  to  make  such  grant.  We  send  you 
here  inclos'd  the  copy  of  a  Memorial  lately  laid  before  us  con- 
cerning the  progress  the  French  have  made  in  finding  out  and 
securing  a  passage  from  St.  Laurence  or  Canada  River  to  their 
new  settlement  call'd  Louisana,  and  down  the  River  Mississippi 
in  the  Bay  of  Mexico,  whereupon  we  must  desire  you  to  inform 
yourself  as  particularly  as  you  can  of  the  facts  therein  mention'd, 
and  to  acquaint  us  therewith  as  soon  as  possible,  and  give  us 
your  sentiments  what  methods  may  be  most  proper  to  be  taken 
for  preventing  the  inconveniences  to  which  H.M.  Plantations 
on  the  Continent  of  America,  and  the  trade  of  this  Kingdom  may 
be  subject  by  such  a  communication  between  the  French  settle- 
ments. [0.0.  5,  1365.  pp.  39-43  ;  and  (rough  draft)  5,  1335. 
pp.  9-16.] 

Jan.  29.  335.  Affidavit  by  Col.  Valentine  Morris  of  Antigua.  There 
are  above  200  Roman  Catholicks  in  Antigua  capable  of  bearing 
arms.  In  the  evening  of  St.  Patrick's  day  since  H.M.  accession 
50  or  60  of  them  got  together  in  St.  John's  at  midnight  and 
drank  ye  Pretender's  health  several  of  them  with  drawn  swords 
and  roved  about  ye  town  in  a  riotous  manner  insomuch  that 
the  Captain  of  the  Guard  drew  out  the  guard.  Being  C.O.  of 
H.M.  Regiment  of  Foot  then  posted  in  ye  Leeward  Islands, 
deponent  on  next  St.  Patrick's  day  ordered  the  Town  Guard  to 
be  reinforced  etc.  Deponent  has  been  informed  of  many  other 
instances  of  the  disaffection  of  the  Roman  Catholicks  of  ye  said 
Island  to  his  present  Majesty.  Signed,  Vail.  Morris.  Endorsed, 
Read  8th  April,  1718.  1  p.  [C.O.  152,  12.  No.  75.] 

Jan.  30.        336.     Orders  of  Council.     Confirming  Acts  of  St.  Christophers 
Whitehall,    to  prevent  the  danger  that  may  happen  by  fire  etc.  (1716)  and  to 


168 


COLONIAL   PAPERS. 


1718. 


impower  the  Surveyor  to  turn  the  windward  common  path  East- 
ward, etc. ,  (1717).  (v.  16th  Oct.,  1717) ;  and  confirming  an  Act 
of  Antegoa,  (1717)  for  constituting  a  Court  of  Chancery.  Signed,, 
Edward  Southwell.  Endorsed,  Reed.  24th,  Read  25th  Feb., 
17||  1%  pp.  [(7.0.  152,  12.  No.  65;  and  153,  13.  pp.  231, 
232.] 

Jan.  30.        337.     Order  of  Council.     Repealing  Act  of  Antegoa,   1716, 
Whitehall,    for  establishing  a  Court  of  King's  Bench,  Common   Pleas,  and 

errors,  etc.  (v.  16th  Oct.,  1717).     Signed  and  endorsed  as  preceding. 

\\pp.     [C.O.  152,  12.     No.  66  ;  and,  153,  13.     pp.  229-231.] 


Jan.  30. 

Whitehall. 


Jan.  31. 


Feb.  1. 

Annapolis 
Royal. 


Feb.  1. 

Custom  ho., 
London. 


Feb.  2. 

St.  James's. 


338.  Order  of  Council.     Approving  Representation  of  18th 
Sept.,   1717,  and  ordering  warrants  to  be  prepared  for  Com- 
missions to  pass  under  the  Great  Seal  for  trying  pirates  in  the 
Plantations,  in  like  manner  as  those  issued  in  1700.     The  Council 
of  Trade  are  to  present  the  names  of  such  persons  as  they  shall 
think  proper  for  executing  the  said  Commissions,  and  whatever 
else   they   shall   think   necessary   etc.     Signed,    Robert   Hales. 
Endorsed,  Reed.,  Read  3rd  Feb.,  17}J-     1  P-  [C.O.  323,  7.     No. 
119;    and  324,  10.    pp.  159,  160;    and  (copy  of  first  part  only, 
endorsed,  Reed.  24th,  Read  25th  Feb.,  17{£),  323,  7.     No.  124  ; 
and  324,  10.    pp.  192,  193.] 

339.  Memorandum  of  Commission  appointing  the   Earl  of 
Holdernesse   a   Lord   Commissioner  of   Trade   and  Plantations 
instead  of  the  Earl  of  Suffolk  and  Bindon.     Endorsed,  Reed. 
Read  7th  Feb.,  17JJ-     Slip.     [C.O.  388,  77.     No.  38.] 

340.  Lt.   Governor  Doucett  to   the   Council  of    Trade  and 
Plantations.     Encloses  following.     Signed,  John  Doucett.     En- 
dorsed, Reed.,  Read  22nd  May,  1718.     1  p.     Enclosed, 

340.  i.  Address  of  Officers,  soldiers  and  inhabitants  of  Anna- 
polis Royal.  Congratulate  H.M.  on  his  victory  over 
the  "  fomenters  of  the  late  horrid  and  unnaturall 
rebellion  "  etc.  "  Your  mild  and  unparrall'd  adminis- 
tration can  only  proceed  from  yor.  Majesty's  inate  good- 
ness "  etc.  Return  thanks  for  sending  them  Lt.  Governor 


Doucett  etc. 
p.  355.] 


[C.O.  217,  2.     Nos.  48,  48  i.  ;   and  218,  1, 


341.  Mr.  Carkesse  to  Mr.  Popple.     In  reply  to  6th  Dec., 
encloses   Naval    Officers'    accounts   from    Boston,     Salem    and 
Marblehead,  1714-1717  etc.    Signed,  Cha.  Carkesse.     Endorsed, 
Reed.  1st  Feb.,  Read  15th  Oct.,  1718.     Addressed.     1  p.     [C.O. 
5,  867.     No.  16  ;  and  5,  915.     pp.  220,  221.] 

342.  Order  of  King  in  Council.     Referring  following  to  the 
Council  of  Trade  and  Plantations,  who  are  to  take  Mr.  Attorney 
and  Sollicitor  Generall's  opinions   thereupon,    and   report   the 
same  to  this  Board,  together  with  what  their  Lordps.  conceive 
H.M.  may  fitly  doe  therein.     Signed,  Robert  Hales.     Endorsed, 
Reed.,  Read  5th  Feb.,  17J|.     1  p.    Enclosed, 


AMERICA  AND  WEST  INDIES. 


169 


1718. 

342.  i.  Petition  of  William  Byrd  to  the  Bang.  The  Judges  of 
the  General  Court  in  Virginia  have  from  the  first  settle- 
ment of  that  Colony  had  the  sole  cognizance  of  all 
criminall  causes,  except  in  some  very  few  extraordinary 
instances,  which  jurisdiction  was  granted  to  them  by 
letters  patents,  and  confirmed  by  sundry  acts  of  Assembly. 
Her  late  Majesty  by  her  Instruction  appointed  two 
Courts  of  Oyer  and  Terminer  to  be  held  on  the  2nd 
Tuesday  in  June  and  Dec.  Which  Instruction  was 
sent  with  the  gracious  intention,  that  persons  accused 
of  any  crime  might  be  brought  to  a  more  speedy  tryall : 
But  whereas  the  Governor  is  by  that  Instruction  enabled 
to  appoint  in  the  said  Courts,  what  Judges  he  pleases 
without  the  advice  of  your  Majestys  Councill,  whereby 
he  will  have  the  lives,  the  liberty s,  and  estates  of  all 
your  Majtys.  good  subjects  in  that  Colony  intirely  in 
his  power,  and  be  able  to  defeat  the  settled  jurisdiction 
of  your  Majtys.  said  Genl.  Court,  whenever  he  shall 
think  fit,  prays  that  by  H.M.  Instruction  the  Judges 
of  the  General  Court  may  be  appointed  the  Justices  of 
the  said  Courts  of  Oyer  and  Terminer,  except  in  cases 
of  an  extraordinary  nature,  etc.  Copy.  1£  pp. 

342.  ii.  Reasons  why  the  Governor  of  Virginia  shou'd  not  be 

impower'd  to  appoint  what  Justices  he  pleases  etc. 
I  p.  [0.0.  5,  1318.  Nos.  43,  43  i.,  ii.  ;  and  (without 
enclosures)  5,  1365.  pp.  47,  48.] 

343.  Council  of  Trade  and  Plantations  to  the  King.     Having 
lately  had  occasion  to  look  into  some  of  the  old  laws  of  Virginia, 
we  find  two  still  in  force  which  we  humbly  conceive  to  be  of 
very  ill  consequence,  and  having  had  the  opinion  of  your  Majesty's 
Attorney  General  thereupon,  we  humbly  take  leave  to  represent 
that  the   1st  is  an  Act  prohibiting  the  unlawful  assembling  of 
Quakers,    etc.     Described    as    Dec.    28th,     1717.     Continue:— 
Upon  which  we  beg  leave  to  observe  that  shou'd  this  Act  be  put 
in  execution  it  wou'd  prove  very  injurious  to  that  Colony  by 
banishing  from  thence  great  numbers  of  industrious  inhabitants, 
and  an  exemption  from  the  like  penalties  being  allow'd  to  Quakers 
in  England  by  an  Act  pass'd  in  the  first  year  of  K.  Wm.  and 
Mary  etc..  We  therefore  humbly  offer  that  your  Majesty  be  pleas'd 
to  signify  your  disapprobation  and  disallowance  of  the  said 
Act  of  Virga.     The  other  is  an  Act  concerning  foreign  debts 
etc.  (v.   Dec.   28,   1717),   which  we  humbly  conceive  unjust  in 
itself  and  a  hardship  upon  your  Majesty's  subjects  here.     And 
this  Act  having  been  several  times  pleaded  as  we  have  been 
inform 'd  in  the  Courts  there  in  bar  of  very  just  actions,  we 
humbly  offer  that  your  Majesty  be  likewise  pleas'd  to  signify 
your  disallowance  of  the  said  Act.     [0.0.  5,  1365.    pp.  44-47.] 

Feb.  3.         344.     Council  of  Trade  and  Plantations  to  Governor  Hunter. 

Whitehall.    Abstract.    Acknowledge  letters  and  refer  to  theirs  of  Sept.  4th, 

which  will,  they  hope  put  an  end  to  difficulties  upon  account  of 


Feb.  3. 

Whitehal. 


170  COLONIAL  PAPERS. 

1718. 

Mr.  Cox.  Have  recommended  for  confirmation  act  about 
Quakers,  and  act  repealing  the  act  for  ascertaining  place  of  sitting. 
He  will  always  have  an  opportunity  of  justifying  himself.  His 
answer  to  the  petition  of  the  traders  of  New  Jersey  is  very  satis- 
factory. Hope  that  he  will  be  able  fully  to  vindicate  himself 
from  Mr.  Mulford's  charges.  Three  members  of  Council  have 
been  appointed  as  he  desired,  but  as  there  are  no  persons  author- 
ized on  behalf  of  the  Province  or  the  persons  appointed  to  be 
Councillor  to  pay  the  fees  in  the  several  offices  there  may  be  some 
delay  in  getting  the  orders  and  warrants  dispatched.  Ask  for 
accounts  of  imports  from  Madeira  and  the  Western  Islands  and 
for  information  of  French  activity  on  the  Mississippi  as  No. 
334.  Do  not  find  that  Col.  Ingoldsby's  commission  as 
Lt.  Governor  of  New  Jersey  was  revoked  at  the  same  time  as 
his  commission  as  Lt.  Governor  of  New  York.  "You  must  there- 
fore explain  particularly,  what  grounds  you  had  for  saying 
Col.  Ingolsby  had  no  authority  to  pass  those  acts.  We  desire 
likewise  to  know  what  objections  you  have  against  such  of  the 
acts  themselves  as  are  not  expired.  We  have  received  from  Mr. 
Philips  an  affidavit  to  the  truth  of  the  copies  of  two  letters  writ 
by  D.  C.  and  Henry  Joyce  (v.  Feb.  11)  which  we  have  transmitted 
to  Mr.  Secretary  Addison  to  apprize  him  of  the  endeavours  of 
your  enemys  to  disturb  you  in  your  Goverment.  There  shall 
be  nothing  wanting  on  our  parts  to  discountenance  any  such 
attempts  against  you."  Set  out,  N.J.  Arch.,  1st  Ser.  iv.  335. 
[C.O.  5,  995.  pp.  428-433.] 

Feb.  3.  345.  Lt.  Governor  Bennett  to  the  Council  of  Trade  and 
Bermuda.  Plantations.  On  the  25th  of  Deer.  I  was  honour 'd  with  yor. 
Lordps.  of  16th  of  May  last  via  Barbados,  with  duplicates  of 
yors.  of  4th  of  Augt.  1715,  and  30th  of  May,  1716,  the  originals 
of  which  have  not  come  to  hand.  I  should  now  have  answer'd 
them  if  time  would  have  permitted,  but  am  prepareing  to  send 
by  the  way  of  Barbados  when  I  shall  write  att  large.  Refers  to 
letter  and  enclosures  of  30th  July  last.  Continues :  There  only 
remains  to  be  sent  the  account  relating  to  an  imposition  on 
trade,  which  was  laid  on  for  the  building  an  house  for  me  and 
succeeding  Governors,  which  acct.  I  have  directed  the  Collector 
of  that  tax  forthwith  to  prepare  in  ordr.  for  yr.  Lordps.  etc. 
Haveing  reed,  some  of  H.M.  Proclamations  relateing  to  the 
pirates  I  on  the  19th  of  Dec.  last  sent  a  sloop  with  them  to 
Providence  where  they  were  accepted  of  with  great  joy,  there 
being  near  300  of  them,  and  most  agreed  that  in  a  little  time  they 
would  come  and  surrender  themselves  to  me,  and  added  they 
were  satisfied  that  others  their  consorts  that  were  out  a  cruiseing, 
when  they  heard  of  the  proclamation,  would  doe  the  like,  soe 
that  I  hope  it  will  have  a  happy  effect :  Capt.  Henry  Jennings 
one  of  them  (who  left  off  that  way  of  liveing  some  months  since) 
has  arrived  here  who  with  seven  others  have  surrendred  them- 
selves :  The  method  I  take  on  that  occasion  is  to  give  a  certificate 
to  the  person  surrendring  according  to  a  copy  herein  inclosed 
which  I  hope  is  right,  but  presume  a  pardon  must  follow  therefore 


AMERICA  AND  WEST  INDIES. 


171 


1718. 


Feb.  4. 

St.  James's. 


Feb.  4. 

St.  James's. 


Feb.  4. 

St.  James's. 


Feb.  4. 


Feb.  5. 

Whitehall. 


desire  directions  therein  etc.    Signed,  Ben.  Bennett.     Endorsed, 

Heed.,  Read  27th  March,   1718.     Holograph.     \\  pp.  Enclosed, 

345.  i.  Form  of  certificate  issued  by  Lt.  Governor  Bennett  to 

surrendered   pirates,    1718.    (v.  preceding).    Same   en- 

dorsement.    1  p. 
345.  ii.  Thomas  Nichols,  a  pirate,  to  Lt.  Governor  Bennett. 

Returns  thanks  for  his  care  in  communicating  H.M. 

Proclamation  by  Capt.  Bennett,  his  only  son.     Some 

of  us  readily  embrace  the  same  etc.    Providence,  10th 

Jan.,   1717  (1718).     Signed,  Thos.  Nichols.     Same  en- 

dorsement.    Copy,     f  p. 

345.  iii.  F.  Leslei,  pirate,  to  Lt.  Governor  Bennett.     Gladly 

accepts  H.M.  pardon  etc.  Signed,  F.  Leslei.  Same 
endorsement.  Copy.  J  p.  [C.O.  37,  10.  Nos.  7, 
7  i.-iii.  ;  and  (abstract  of  covering  letter)  37,  24.  p.  5.] 

346.  H.M.    Warrant   for    admitting    John    Parker   to    the 
Council  of  New  Jersey,  in  the  room  of  Hugh  Hoddy,  deed. 
Countersigned,  J.  Addison.     [C.O.  324,  33.    p.  131.] 

347.  H.M.   Warrant  for  admitting  Peter   Fretwell  to  the 
Council  of  New  Jersey,  in  the  room  of  Elisha  Parker  deceased. 
Memorandum.     [C.O.  324,  33.    p.  132.] 

348.  H.M.  Warrant  for  admitting  John  Wells  to  the  Council 
of  New  Jersey  in  the  room  of  George  Deacon,  by  reason  of  his 
great  age  and  infirmity  become  incapable  of  that  employment. 
Memorandum.     [C.O.  324,  33.    p.  132.] 

349.  Mr.  Mulford  to  the  Council  of  Trade  and  Plantations. 
Prays  for  report  upon  his  petition,  referred  to  them  14th  March, 
1715    etc.      Signed,    Saml.    Mulford.      Endorsed,    Reed,    llth, 
Read  12th  Feb.,  17J|.     2pp.     [C.O.  5,  1051.     No.  50.] 


350.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Addison.  Report  upon  petition  of  Don  Bernardo  de  Guardia 
and  P.  Diharce  (v.  15th  June,  1717).  We  cannot  conceive  how 
they  shoud  be  reliev'd  by  H.M.  against  that  sentence,  (i.e.  of  the 
Court  of  Admiralty  in  Jamaica  condemning  the  Nostra  Senora  de 
Bethlehem)  but  by  the  common  course  of  law  ;  much  less  can 
we  take  upon  us  to  ascertain  the  value  of  the  ship  and  cargo, 
this  being  more  properly  the  province  of  a  Court  of  Judicature, 
where  both  parties  may  be  heard  by  their  Council,  and  produce 
their  sevl.  proofs  etc.  We  cannot  say  what  the  petitioners'  view 
may  have  been  in  making  this  extraordinary  application  to 
H.M.  ;  But  as  we  observe  that  their  pretence  for  so  doing  is  that 
they  coud  not  obtain  redress  in  Jamaica  ;  We  must  take  notice, 
that  they  have  been  very  deficient  in  the  proofs  of  this  allegation 
in  their  petition  ;  and  that  on  the  contrary  it  dos  appear  to  us, 
that  upon  complaint  made  against  this  sentence  in  the  Court  of 
Admiralty  by  the  persons  concernd  to  H.M.  then  Governor  the 


172  COLONIAL  PAPERS. 

1718. 


Lord  Archd.  Hamilton,  he  dispensd  with  the  common  forms  in 
their  favour,  receivd  their  appeal,  and  did  appoint  a  Court  of 
Delegates  to  reexamine  the  cause  in  order  to  reverse  that  sen- 
tence, if  it  shoud  not  have  been  justly  founded,  as  appears  by 
a  copy  of  a  Commission  under  the  broad  Seal  of  the  Island  for 
that  purpose  ;  It  is  likewise  evident  that  his  Lordp.  was  so  far 
inclind  to  do  justice  to  the  Spaniards  on  this  occasion,  that 
being  a  part  owner  in  the  ship  that  had  taken  the  Belandra,  he 
did  not  only  deposit  his  own  share  of  the  prize  as  thinking  the 
same  illegal,  but  did  likewise  oblige  the  other  persons  concern'd, 
as  well  as  those  that  had  been  security  for  the  captors'  just 
and  legal  behaviour  in  that  voyage,  to  enter  into  recognizances, 
whereby  as  far  as  in  him  layd  he  did  secure  very  considerable 
summs  towards  making  good  the  damages  complain'd  of  by  the 
Spaniards  to  the  great  satisfaction  of  Don  Juan  del  Valle,  who 
was  impowerd  by  the  owners  of  the  prize  to  sollicit  this  affair. 
By  what  motives  the  partys  concern'd  in  this  dispute  have  since 
my  Lord  Archibald's  removal  from  the  Govt.  of  Jamaica,  been 
indue 'd  to  put  this  matter  into  a  new  method  and  rather  to 
apply  in  this  manner  to  H.M.,  than  to  pursue  their  right  in  the 
ordinary  course  of  Law  :  we  shall  not  determine,  but  certain 
it  is,  that  however  unjust  and  partial,  that  sentence  in  the  Court 
of  Admiralty  in  Jamaica  may  have  been,  it  must  and  will  remain 
in  full  force,  till  it  shall  be  reversd  upon  a  regular  appeal,  wch. 
woud  intitle  the  Petrs.  to  the  sevl.  sums  deposited  and  secur'd 
for  their  use  by  the  Lord  A.  Hamilton  ;  and  if  they  shou'd  fall 
short  of  the  just  demand  it  woud  then  be  time  enough  to  apply 
to  H.M.  for  further  redress  ;  But  even  in  that  case  it  might  first 
be  reasonable  to  consider  of  some  methods  for  obtaining  repara- 
tion for  the  many  and  great  losses  H.M.  subjects  have  sustain 'd 
in  those  seas  by  the  Spaniards,  a  list  whereof  presented  to  us 
by  the  merchants  trading  to  those  parts  ;  we  have  hereunto 
annexd,  desiring  you  woud  be  pleasd  to  lay  the  same  before  H.M. 
that  he  may  be  graciously  pleasd  to  give  the  proper  orders  to  His 
Minister  at  Madrid  to  apply  to  that  Court  in  behalf  of  the  persons 
aggrievd.  [C.O.  138,  16.  pp.  72-76.] 

Feb.  6.  351.  Lt.  Governor  Doucett  to  the  Council  of  Trade  and 
Annapolis  Plantations.  Encloses  following.  Continues: — I  hope  your  Lord- 
oya '  ships  will  take  such  measures  as  may  prevent  the  like  for  the 
future,  which  might  easyly  be  done  were  there  three,  or  four 
sloop's,  of  four,  or  six  guns  each  etc.,  to  cruize  between  the  Gutt 
of  Cancer,  and  Mount  Desart,  in  the  Bay  of  Fundy.  Likewise 
up  the  Bay  to  prevent  the  smugling  traders  etc.  (No.  ii.).  I 
have  granted  their  request  they  haveing  made  it  apear  that 
they  should  only  be  the  sufferers,  haveing  made  provision  for 
the  fishing  season  of  this  year  before  I  arrived.  I  have  wrote 
to  the  French  att  Minis  and  to  the  Preist,  to  advise  him  not  to 
influence  the  inhabitants  against  doeing  their  duty  in  swearing 
alegiance  to  H.M.  etc.  P. 8.  This  place  wants  extreamly  a 
proper  officer  to  decide  controversy's  arriseing  upon  seizure's 
made  by  the  Collectr.  of  this  Port.  Some  haveing  lain  four 


AMERICA  AND  WEST  INDIES.  173 

1718. 

or  five  year's,  for  want  of  a  person  to  judge  in  that  affair,  which 
is  a  greivance  to  the  subject,  and  loss  to  H.M.  Signed,  John 
Doucett.  Endorsed,  Reed.  Read  22  May,  1718.  2  pp.  Enclosed, 
351.  i.  Capt.  Southack  to  Lt.  Governor  Doucett.  Boston, 
Jan.  9,  1718.  Here  is  come  Mr.  John  Hinshaw  and 
Capt.  Giles  Hall,  from  makeing  their  fishing  voyage  att 
Cape  Cancer  etc.  They  say  there  came  over  from  Island 
Bretton  a  great  many  French  Commanders  of  ships 
with  their  men,  and  shallops,  to  make  a  fishing  voyage 
att  Cape  Cancer,  and  the  Islands  adjacent  for  five 
leagues  westward,  in  the  territories  and  dominions  of 
Nova  Scotia,  and  carried  off  about  20,000  quentalls  of 
cod  fish,  which  is  contrary  to  the  Articles  of  Peace  att 
Utrecht  etc.  Quotes  Articles  12-14.  Continues : 
Severall  French  familys  are  come  to  Cape  Cancer  and 
place's  adjacent  without  takeing  the  oath  of  alligence. 
Fort  St.  Lewis  and  the  boundaries  there  belonging 
which  is  to  Cape  Cancer  and  west  five  leagues  to  White 
Head  I  took  in  1690  and  lost  a  great  many  men  in  takeing 
of  it ;  I  hope  it  would  be  given  to  the  capter's  or  some 
part  of  it,  as  my  gracious  Sovereign  will  and  pleasure 
will  be  etc.  There  is  a  French  man  his  name  is  Le 
Sone  he  is  come  over  from  Cape  Breton  to  Cape  Cancer, 
and  there  has  built  him  a  house  and  stage  for  fishing 
tho  he  has  been  an  inhabitant  att  Annapolis  Royal, 
and  they  know  him  to  be  a  very  great  rogue,  and  now 
att  Cape  Cancer  makes  all  the  mischeif  he  can  against 
the  interest  of  the  English.  Signed,  Cyprian  Southack. 
Endorsed  as  preceding.  Copy.  3  pp. 

351.  ii.  Address  of  Inhabitants  and  Merchants  of  Annapolis 
Royal  to  Lt.  Governor  Doucett.  Annapolis  Roy  all, 
Feb.  5,  1718.  Since  the  reduction  of  this  place  there 
never  hath  been  any  regulation  nor  notice  taken  of  the 
commerce  of  this  Colony  whicn  dayly  improves  and  is 
perhaps  (considering  the  hardshipps  wee  have  heitherto 
been  under)  in  as  faire  a  way  of  flourishing  as  any  other 
of  H.M.  Plantations  etc.  provide^  that  some  artickles 
may  be  removed  etc.  The  trade  cheifly  consisting  in 
furrs,  fish,  and  grain,  there  have  been  butt  some  small 
quantity s  lawfully  exported,  whereas  if  a  proper  method 
could  be  taken  to  hinder  the  clandestine  trade  carried 
on  by  some  from  New  England,  Cape  Bretton,  and  Canada, 
who  never  come  either  to  enter  or  cleare  at  this  port 
etc.,  the  product  of  the  Country  would  not  only  appear 
considerable  more,  butt  encourage  those  very  smuglers 
and  other  English  people  to  settell  the  pleace  for  the 
benefitt  of  the  trade.  For  the  want  of  Englishmen 
wee  who  are  the  first  inhabitants,  have  not  only  already 
suffered  very  much  butt  must  labour  under  some  other 
unsupportable  inconveniences,  if  our  former  priveledge 
of  employing  the  French  inhabitants  in  our  fishing 
vessells,  or  to  have  any  commerce  with  them  is  to  be 


174 


COLONIAL  PAPERS. 


1718. 


Feb.  6. 

Annapolis 
Royal. 


Feb.  6. 

t.  James's. 


[Feb.  7.] 


Feb.  7. 

Whitehall. 

Feb.  7. 

London. 


abridged,  which  will  certainly  terminate  in  our  ruin 
etc.  For  at  the  end  of  every  fishing  season  wee  are 
obliged  to  be  at  great  expence  for  the  ensuing  year 
which  wee  had  most  partly  don  before  your  arrival 
here,  besides  the  great  charge  of  keeping  men  on  wages 
for  that  purpose  which  wee  were  induced  to  doe  by  our 
past  libertys  and  encouragement  from  the  Surveyor 
General,  Caleb  Heathcote  (quoted).  Pray  to  be  allowed 
to  continue  employing  French  fishermen  of  the  Colony 
to  go  out  in  their  bottoms  until  Governor  Phillips  shall 
arrive  and  decide  etc.  Signed,  Will.  Wright  and  13 
others.  Endorsed  as  preceding.  Copy.  Torn.  I  large 
p.  [C.O.  217,  2.  Nos.  49,  49  i.,  ii.  ;  and  (without 
enclosures)  218,  1.  pp.  356,  357.] 

352.  Lt.  Governor  Doucett  to  Mr.  Popple.     I  was  extream 
sorry  to  leave  London  without  takeing  my  leave  of  you  etc. 
Urges  request  for  three  or  four  sloops  to  prevent  the  French 
from  fishing  and  the  smugling  traders,  which  would  be  cheaper 
and  more  effective  than  one  man  of  war  etc.    P.8.  Mr.  Wright  and 
1  often  drink  yr.  health,  who  is  worthy  the  recomendation  of  Mr. 
Pople.     Signed,   John   Doucett.     Endorsed,    Reed.    Read    22nd 
May,  1718.     If  pp.     [C.O.  217,  2.     No.  50  ;  and  218,  1.    p.  358.] 

353.  H.M.  Instructions  to  Woodes  Rogers,  Governor  of  the 
Bahama  Islands,     v.  No.  220  ii.      Signed,  G.  R.     [C.O.  324,  33. 
pp.  127-129  ;  and  5,  189.     pp.  381-383.] 

354.  Jeremiah   Dummer,   Agent  for    New  England  to  the 
Council    of    Trade    and    Plantations.     Several    persons    having 
engag'd  in  a  design  to  employ  Agents  in  New  England  for  the 
catching  and  curing  sturgeon,  have  petition'd  H.M.  for  a  patent 
for  importing  it  to  Great  Britain  exclusive  of  all  others  etc.     Such 
a  monopoly  is  contrary  to  the  natural  and  common  rights  of  all 
H.M.  subjects,  besides  that  it  would  prejudice  the  trade  itselfe, 
and  be  very  injurious  to  the  people  of  New  England,  who  have 
labour 'd  in  the  catching  and  curing  this  fish  for  above  60   years 
past.     Prays  to  be  heard  before  such  petition  is  reported  upon. 
Signed,  Jer.  Dummer.     Endorsed,  Reed.,  Read  7th  Feb.,  17 J|. 
1  p.     [C.O.  5,  866.     No.  135.] 

355.  Mr.  Popple  to  Sir  W.  Thomson.     Requests   reply  to 
10th  Jan.  as  soon  as  possible  etc.     [C.O.  5,  915.    p.  81.] 

356.  Governor  Sir  N.  Lawes  to  the  Council   of  Trade  and 
Plantations.     I  being  upon  the  point  of  embarking  for  Jamaica, 
I  beg  leave  to  observe  how  wrong  soever  it  was  in  the  Legislature 
of  Jamaica  to  lay  a  higher  duty  on  the  South  Sea  Company's 
negros  re-exported  than  any  others  H.M.  subjects,  or  how  right 
soever  it  may  be  thought  here,  that  no  duty  at  all  should  be  laid 
upon  them.     Yet  I  foresee  with  great  concern  that  the  Assembly 
may,  and  I  fear  will  think  their  rights,  and  long  accustomed 


AMERICA  AND  WEST  INDIES.  175 

1718. 

liberties  invaded  by  any  restraint  which  shall  be  laid  upon 
them  by  the  Sovereigns  limitting  them  what  they  shall, 
or  shall  not  levie,  or  raise  the  aids  demanded  of  them  for  publick 
service.  And  as  the  Assiento  contract  being  in  the  hands  of  the 
South  Sea  Company  is  believed  by  the  people  of  Jamaica  to  be 
many  ways  injurious  to  the  commerce,  and  prejudicial  to  the 

Elanting  interest  of  the  Island,  and  consequently,  say  they  of 
5ss  advantage  to  the  Mother  Kingdome,  I  apprehend  their 
being  of  that  opinion,  and  so  restrained  in  favour  of  the  South 
Sea  Company  will  contribute  very  much  to  their  obstinate  insisting 
upon  that  supposed  right,  and  property  of  levying  money  for 
the  support  of  H.M.  Government  upon  the  commerce,  and  trade 
of  the  Island  without  limitation.  There  are  several  matters 
in  my  Instructions,  by  which  I  am  to  move  the  Assembly  to 
make  provision  for,  as  subsistance  forthe  Independant  Companies, 
paying  the  debts  etc.  Wherefore  I  humbly  represent  that  as 
those  things  have  not  been  obtained  without  their  difficulties, 
and  sometimes  rejected  even  to  a  want  of  duty  in  former  Assem- 
blies, those  people,  who  have  been  too  willing,  without  such  pro- 
vocation, to  obstruct  the  King's  interest,  tho'  in  truth  'tis  the 
Countries,  may  take  occasion  to  revive  their  opposition  and 
make  it  popular  from  these  limitations.  I  fully  resolve  to  obey 
my  Instructions  with  the  utmost  exactness  etc.  I  hope  your 
Lordships  will  consider  that  the  grdce  produce  of  Jamaica, 
yearly  imported  into  England  is  not  less  than  6 1  believe  £700,000, 
of  its  native  product,  and  capable  of  great  improvements. 
Besides  the  private  trade  (which  is  now  almost  lost)  use  to  bring 
into  England  between  2  and  £3,000  a  year  in  ps.  £  silver,  and 
gold.  Suffer  me  to  remind  your  Lordships  that  the  standing 
revenue  of  Jamaica  is  not  above  £4,000  a  year  and  the  law  that 
settles  the  same  expires  in  about  8  years.  The  first  charges, 
and  contingent  expence  of  the  Government  is  seldome  less  than 
£6,000  a  year.  If  the  Assembly  refuse  or  delay  to  grant  the 
Additional  Duty  Bill,  I  hope  I  may  without  offence  ask  your 
Lordships  what  measures  must  I  take  to  support  that  Governmt. 
with  honour,  and  safety,  etc.  Signed,  Nicholas  Lawes.  Endorsed, 
Reed.  7th,  Read  10th  Feb.,  17f|.  2|  pp.  [C.O.  137,  12.  No. 
114  ;  and  138,  16.  pp.  76-81.] 

Feb.  7.  357.  Peter  Hey  wood,  Commander  in  Chief  of  Jamaica,  to 
Jamaica,  the  Council  of  Trade  and  Plantations.  No  ship  or  vessell  hath 
sayl'd  from  this  Island,  since  my  last  of  the  21st  Dec.,  nor  hath 
anything  of  moment  offer'd  for  me  to  write  yor.  Lordships, 
onely  that  Capt.  Durell  of  H.M.  sloop  Swift,  show'd  me  H.M. 
royall  Proclamation  of  pardon,  to  the  py rates  together  with  the 
Instructions  he  had  reced.  from  the  Admiralty  Board,  upon 
receipt  of  which,  I  forthwith  sent  out  two  vessells  in  quest  of 
them,  by  advice  of  the  Councill,  one  of  wch.  came  up  with  Horni- 
gold,  and  one  or  two  more  his  consorts,  who  sent  me  their  resolu- 
tion in  the  inclos'd  copy,  and  wth.  it  came  in  six  of  them,  who 
told  me  their  consorts  would  doe  the  same  in  a  little  time,  but 
not  haveing  since  heard  from  them  I  doubt  the  performing  of 


176  COLONIAL  PAPERS. 

1718. 

their  promise.  I  have  sent  another  wch.  I  wish  may  have  the 
good  effect  H.M.  intends.  Signed,  Peter  Heywood.  Endorsed, 
Reed.  18th,  Read  22nd  April,  1718.  1  p.  Enclosed, 

357.  i.  [Capt.  Hornigold  and  other  pirates]  to  Peter  Heywood, 
C.  in  C.  of  Jamaica.  Wee  embrace  H.M.  act  of  grace 
and  return  H.M.  our  hearty  thanks  for  the  same  etc. 
1  p.  [C.O.  137,  13.  Nos.  5,  5  i.  ;  and  (without  enclosure) 
138,  16.  pp.  110,  111.] 

Feb.  8.  358.  Governor  Hamilton  to  the  Council  of  Trade  and  Planta- 
Antigua.  tions.  Encloses  depositions  made  against  Thomas  Morris  etc. 
11  whom  I  have  suspended  by  the  unanimous  advice  of  the  Lt. 
Governr.  and  the  rest  of  the  Councill."  Refers  to  enclosed 
Minutes  and  asks  for  "H.M.  pleasure  thereon  pr.  first  opertunity." 
Continues  : — The  conduct  of  Coll.  Morris  in  many  other  respects 
are  not  verry  becomming  a  member  of  that  board.  He  is  fre- 
quently engaged  in  broils  and  quarrells,  most  of  which  are 
occasioned  by  his  abusive  language,  and  ill  behaviour,  as 
your  Lordships  may  be  informed  by  most  transcient  men, 
and  masters  of  ship's  that  use  the  trade  of  this  place, 
and  particularly  by  one  William  Tudor  Commander  of  the 
Warner  friggott  belonging  to  London,  whom  he  beat  and 
abused  in  a  most  cruell  manner  without  any  just  provocation. 
His  authority  as  a  magistrate  he  has  also  verry  ill  used,  and 
particularly  in  ordering  and  appointing  one  King  master  of  a 
merchant  ship  now  here  to  act  as  a  constable,  and  to  take  a  poore 
woman  from  her  house  carry  her  on  board  his  vessell  and  to 
duck  her,  and  that  even  without  any  conviction  or  tryall  (as  I 
can  hear)  for  the  crime  lay'd  to  her  charge,  for  refusing  of  which 
he  insulted  and  abused  the  saied  Master,  so  that  upon  the  whole 
I  must  say  I  think  him  very  unworthy  of  the  honour  that  has 
been  conferred  on  him  by  H.M.  in  appointing  him  one  of  the 
members  of  his  Councill  for  this  Island.  It  is  with  great  un- 
willingness that  I  at  any  time  take  on  me  to  do,  or  say  anything 
to  the  disadvantage  of  any  person  either  in  his  interest,  or 
character.  But  the  behaviour  of  Coll.  Morris  is  so  notorious, 
that  I  think  I  should  be  wanting  in  my  duty  to  H.M.  if  I  had 
omitted  suspending  of  him  etc"  Asks  for  their  Lordships' 
opinion.  Continues : — By  the  death  of  Coll.  Oliver  the  suspen- 
sion of  Coll.  Morris  and  the  absence  of  foure  other  members, 
who  are  at  present  in  Britaine,  there  are  but  five  members 
besides  the  Lieutenant  Governour  now  on  the  Island,  so  that 
at  the  next  meeting  of  the  Councill  I  intend  Coll.  John  Gamble 
as  a  member  of  that  board.  He  is  a  gentleman  that  has  served 
as  an  officer  in  several  expeditions  against  H.M.  enemies  in 
these  parts,  and  withall  has  had  the  honour  to  command 
as  an  officer  of  the  Militia  in  this  Island  for  many  years,  during 
all  which  time  he  worthily  discharged  his  duty  in  the  severall 
posts  he  enjoyed.  He  was  also  Chief e  Justice  of  the  Island  for 
some  time,  but  for  want  of  health  he  resigned  the  same.  But 
whilst  he  continued  in  that  station  he  behaved  himself  with 
great  honesty  and  integrity,  so  that  I  hope  your  Lordship  will 


AMERICA  AND  WEST  INDIES.  177 

1718. 

represent  him  to  H.M.  as  a  person  worthy  to  serve  him  in  that 
station  ;  his  zeal  and  affection  for  H.M.  Government  and  the 
Protestant  succession  in  his  illustrious  House  is  beyond  all  dis- 
pute and  his  estate  not  inconsiderable  amongst  us.  The  vessell 
by  which  this  is  intended  touches  here  by  accident  so  that  I 
must  crave  leave  untill  next  opertunity  for  answering  your 
Lordship's  letters  of  4th  Oct.  etc.  I  have  caused  the  ould  Great 
Seal  to  be  broake  in  Council  and  shall  take  care  to  transmit  the 
same  to  your  Lordship's  by  the  next  opertunity  etc.  Signed, 
W.  Hamilton.  Endorsed,  Reed.  29th  March,  Read  3rd  April, 
1718.  Holograph.  2%  pp.  Enclosed, 

358.  i.  Minutes  of  Council,  Antigua,  Feb.  3,  1717.     Depositions 

of  Samuel  Parker,  Robert  Glover,  Robert  Jacobs,  and 
Jonathan  Martin,  and  proceedings  relating  to  the  sus- 
pension of  Col.  Thomas  Morris  etc.  Deponents  state 
that  Col.  Morris  said  to  his  coachman,  "  If  I  tell  you  to 
take  His  Majesty  by  the  coller  and  beat  him,  you  are 
to  do  it  "  etc.  Same  endorsement.  4  pp.  [C.O.  152, 
12.  Nos.  70,  70  i.  ;  and  (without  enclosure)  153,  13. 
pp.  270-274.] 

Feb.  8.         359.     Thomas  Morris  to  the  Council  of  Trade  and  Plantations. 

Antigua.  Refers  his  suspension  to  their  Lordships.  If  the  words  alleged 
against  him  were  true,  which  they  are  not,  they  would  not  be 
of  weight  to  justify  his  suspension.  The  deponent  Richard 
Glover,  cooper,  (No.  i.  preceding)  was  fined  for  speaking  scanda- 
lous words  against  present  Government,  and  approved  the  murder 
of  General  Parke  etc.  Signed,  Thomas  Morris.  Endorsed, 
Reed.  31st  March,  Read  3rd  April,  1718.  Addressed.  1  p. 
Enclosed, 

359.  i.  Deposition    of    Elizabeth    Abraham,    wife    of    Philip 

Abraham,  of  Antigua,  4th  Feb.,  1718.  On  9th  Jan.  at 
the  house  of  Nathaniel  Wickham  Thomas  Morris 
expressed  his  anger  with  Capt.  (Edward)  Ting  who  had 
refused  to  act  as  a  Constable  at  his  bidding  upon 
occasion  of  a  disturbance  in  the  street,  but  he  did  not 
speak  the  words  alleged  by  Glover  (supra).  Signed, 
Eliz.  Abraham.  Endorsed,  Reed.  31st  March,  Read 
3rd  April,  1718.  I  p. 

359.  ii.  Deposition  of  Thomas  Mountain,  coachman  to  Mr. 
Morris.  4th  Feb.,  1718.  Confirms  preceding.  Signed, 
Thomas  Mountain,  his  mark.  Same  endorsement.  l\ 
pp. 

359.  iii.  Deposition  of  Timothy  Keefe.  As  preceding.  Signed, 
Timothy  Keefe.  Same  endorsement,  \\pp- 

359.  iv.  Deposition  of  Mary,  wife  of  Nathaniel  Wickham.  As 
preceding.  Signed,  Mary  Wickham.  Same  endorse- 
ment. 1  p. 

359.  v.  Deposition  of  John  Wickham.  As  preceding.  Signed, 
Jno.  Wickham.  Same  endorsement.  2  pp. 

359.  vi.  Deposition  of  Nathaniel  Wickham.  As  preceding. 
Signed,  Nathll.  Wickham.  2  pp. 

Wt.  441.  C.P.  12. 


178  COLONIAL  PAPERS. 

1718. 

359.  vii.  Deposition  of  Samuel  Parry.  As  preceding.  Signed, 
Samuel  Parry.  Same  endorsement.  1  p. 

359.  viii.  Deposition  of  Phillip  Abrahams  (Abram).  As  pre- 
ceding. Signed,  Phillip  Abram.  Same  endorsement. 
l%pp. 

359.  ix.  Deposition  of  Richd.  Chapman.  As  preceding. 
Signed,  Richd.  Chapman.  Same  endorsement.  2  pp. 

359.  x.  Deposition  of  Benjamin  Rawleigh,  Surgeon.  Confirms 
preceding.  Signed,  Benja.  Rawleigh.  Endorsed  as  pre- 
ceding. 1  p. 

359.  xi.  Copy  of  interrogatories  exhibited  to  Mr.  Robt. 
Jefferson,  Planter,  by  Tho.  Morris  and  Saml.  Parry, 
Justices  of  the  Peace,  by  virtue  of  a  General  Commission 
granted  by  Governor  Walter  Douglas,  Jan.  28,  17 JJ. 
Witness  admitted  he  was  in  arms  on  the  occasion  of 
the  murder  of  Governor  Parke.  Since  the  arrival  of 
H.E.,  Richard  Glover  told  him  that  he  beleived  they 
had  done  a  good  action  and  that  if  twas  to  do  again  he 
would  do  it,  meaning  killing  ye  Generall.  Same  endorse- 
ment. 1  p. 

359.  xii.  Deposition  of  Elizabeth,  wife  of  John  Wickham.     As 

No.  i.  Signed,  Eliz.  Wickham.  Same  endorsement.  1  p. 
[C.O.  152,  12.  Nos.  71,  71  i.-xii.  ;  and  (without  en- 
closures) 153,  13.  pp.  274-278.] 

Feb.  9.          360.     Order  of  King  in  Council.     Referring  following  to  the 
nh°un£i11      Council   of   Trade   and   Plantations   for   their   report.     Signed, 
VVhSali.    Edward   Southwell.     Endorsed,   Reed.    19th,   Read   20th   Feb., 
17£J.     1  p.     Enclosed, 

360.  i.  Lords  Proprietors  of  Carolina  to  the  King.     St.  James's, 

12th  July,  1717.  Recommend  the  proposal  of  Sir 
Robert  Montgomery  to  carry  over  several  families  at 
his  own  expence  and  settle  and  fortify  the  most  southern 
part  of  Carolina  as  a  separate  Government,  he  to  be 
governor  for  life  etc.  Pray  H.M.  approbation  of  him  as 
Governor  etc.  v.  A.  P.  C.  II.  No.  1285.  Signed,  Carteret 
Palatin,  J.  Bertie  for  D.  of  Beaufort,  Fulwar  Skip  with 
for  Lord  Craven,  M.  Ashley,  J.  Colleton,  J.  Danson. 
Copy.  2  pp.  [C.O.  5,  1265.  Nos.  90,  90  i.  ;  and 
(without  enclosure)  5,  1293.  p.  136).] 

Feb.  9.  361.  Order  in  Council.  The  Council  of  Trade  and  Planta- 
Whitehall.  tions  are  to  prepare  forthwith  such  Instructions  to  be  sent  to  the 
Governors  of  H.M.  Plantations  as  they  shall  think  proper  ;  and 
particularly  to  Sr.  Nicholas  Lawes  Governor  of  Jamaica,  to 
enquire  into  the  pyracy's  complained  of  by  the  Spaniards,  and 
to  do  what  in  him  lyes  to  procure  them  satisfaction  ;  and  present 
the  said  Instructions  to  this  Board  to  be  approved.  Signed, 
Edward  Southwell.  Endorsed,  Reed.  14th,  Read  17th  Feb., 
1  P>  Enclosed, 

361.  i.  Copy  of  No.  201.     2f  pp.     [C.O.  137,  12.     Nos.  115, 

115  i.  ;   and  (without  enclosure)  138,  16.    pp.  82,  83.] 


AMERICA  AND  WEST  INDIES. 


179 


1718. 
Feb.  9. 

Whitehall. 


Feb.  9. 

Whitehall. 


Feb.  9. 

Whitehall. 


Feb.  9. 

Whitehall. 


Feb.  9. 

Whitehall. 


Feb.  9. 

Whitehall. 


362.  Order  in  Council.    Confirming  grant  of  estate  of  Anna 
Kupius  in  Jamaica  to  Edwd.  Pennant  and  Anthony  Swimmer 
(v.  Oct.  16,  1717).     Signed,  Edward  Southwell.     Endorsed,  Reed. 
24th,  Read  25th  Feb.,   17JJ.     1  p.     [0.0.   137,   12.     No.  117; 
and  138,  16.    pp.  84,  85.] 

363.  Order  in  Council.     Confirming  Acts   of  Jamaica,   (i.) 
for  regulating  fowling  and  fishing,  (ii.)  for  the  better  securing  the 
interests  of  orphans  and  creditors  etc.,  past  in  1711,  (iii.)  for  pre- 
serving the  publick  records,  1712,  (iv.)  for  the  more  easy  serving 
of  Constables,  1716.     Signed  and  endorsed  as  preceding.     1J  pp. 
[0.0.  137,  12.     No.  118  ;  and  138,  16.    pp.  85-87.] 

364.  Order  in  Council.     Approving  Representation  of  23rd 
Oct.,  1717,  and  repealing  Acts  of  Jamaica,  (i.)  Declaring  what 
persons  shall  be  qualify ed  to  sitt  in  Assembly s  (1711) ;  (ii.)  to  pre- 
vent hawking  and  disposing  of  goods  clandestinely  (1711) ;    (iii.)  to 
disenable  any  Member  of  the  Councill,  or  of  the  Assembly  from 
acting  as  Commissr.  for  receiving  any  publick  money  raised  or  to 
be  raised  by  the  Oovr.  Council  and  Assembly  etc.  ;    (iv.)  to  oblige 
the  sevl.  inhabitants  to  provide  themselves  with  a  sufficient  number 
of  white  people  etc.  (1716) ;    (v.)  to  encourage  the  bringing  over  of 
white  people  etc.  (1716) ;     (vi.)  to  repeale  an  Act  for  the  better 
securing  the  estates  and  interests  of  orphans  and  creditors  (1716) ; 
(vii.)  for  granting  a  further  relief  in  relation  to  proving  of  wills 
etc.  (1716) ;    (viii.)  to  secure  the  freedom  of  elections  etc.  (1716) ; 
(ix.)  to  prevent  any  one  man  to  hold  two  or  more  offices  etc.  (1716). 
Mem.     The  Acts  to  encourage  white  men  to  settle  (1712),  and  for  the 
effectuall  discovery  of  disaffected  persons  etc.  (1716)  were  read, 
and  postponed.     Signed  and  endorsed  as  preceding.     3  pp.     [0.0. 
137,  12.     No.  119;  and  138,  16.    pp.  87-91.] 

365.  Order  in  Council.     Removing  Samuel  Page  from  the 
office  of  Depty.  Secretary  of  Jamaica,  and  from  all  other  offices 
of  trust  whatsoever  in  the  said  Island  (v.  24th  Oct.,  1717).     Signed 
and  endorsed  as  preceding.     1  p.      [C.O.    137,    12.     No.    120 ; 
and  137,  46.     No.  29  ;  and  138,  16.    pp.  91,  92.] 

366.  Order    in    Council.     Referring    representation    of    the 
Council  of  Trade  and  Plantations  upon  the  petition  of  Wm. 
Cockburne  (v.  Jan.  23)  to  the  Committee  for  hearing  appeals  from 
the  Plantations  for  their  opinion  thereon.     Signed  and  endorsed 
as  preceding.     1  p.     [C.O.  137,  12.     No.  121  ;   and  138,  16.    pp. 
92,  93.] 

367.  Order  in  Council.     Approving  Representation  of   18th 
Sept.,  1717,  and  ordering  the  Governor  of  Jamaica  to  move  the 
Generall  Assembly  in  H.M.  name  to  reimburse  James  Knight 
£620  with  the  usual  interest  of  the  Island,  as  therein  proposed. 
Signed  and  endorsed  as  preceding.     1  p.     [C.O.    137,    12.     No. 
122  ;   and  138,  16.     m.  93,  94.] 


180  COLONIAL  PAPERS. 


1718. 

Feb.  9.         368.     Order  in  Council.     Referring  following  to  the  Council 
Councill      of  Trade   and  Plantations  for  their  report.     Signed,   Edward 
WhaitehaH.    Southwell.     Endorsed,    Reed.    Read    24th    Feb.,     1?H-     1    P- 
Enclosed, 

368.  i.  Petition  of  Churchwardens,  Vestry  and  Parishioners  of 
St.  Philips,  Antego,  to  the  King.  In  pursuance  of  an 
Act  of  1692  for  dividing  the  Island  into  parishes  etc., 
the  then  vestry  took  up  land  in  Willoughby  Bay  and 
purchased  ground  in  Bellfast  whereon,  respectively,  a 
commodious  church  and  a  chapel  of  ease  have  been 
built  etc.  A  certain  late  Vestry  of  the  Parish  not  con- 
sidering the  poverty  or  ease  of  the  parishioners  and 
without  conveneing  them  did  order  that  a  new  parish 
church  should  be  built  and  that  upon  a  peice  of  ground 
given  by  John  King,  which  is  within  one  mile  of  the 
utmost  extent  of  the  said  parish  (which  is  9  x  6  miles) 
and  inaccessible  for  four  months  in  the  year  by  reason 
of  the  flouds  of  water  etc.  The  said  Vestry  perceiving 
that  the  same  order  was  disapproved  of  by  the  succeeding 
and  present  Vestry  and  upwards  of  three  fourths  of  the 
parishioners  in  respect  of  the  scituation  and  the  inability 
of  the  parish  to  undertake  so  great  a  building  and  the 
view  that  that  order  had  of  suffering  the  said  Church 
and  Chappell  of  Ease  to  go  to  decay  etc.,  did  privately 
apply  to  the  Assembly  etc.,  and  thereupon  an  Act  was 
passed  to  endempnifie  Anthony  Browne  and  John  Eliot 
from  a  bond  and  agreement  with  George  Pullen,  Carpenter, 
for  the  building  a  Church  in  the  parish  of  St.  Philips  and 
to  charge  the  said  parish  with  the  same  [etc.]  which  enacts 
that  the  Church  be  erected  on  the  ground  given  by  John 
King  etc.,  and  be  esteemed  the  parish  church  etc. 
There  is  no  need  for  such,  as  the  Act  pretends,  the  present 
church  and  chapel  being  in  good  repair  and  each  of  them 
sufficient  to  accommodate  the  whole  of  the  parishioners 
etc.  The  proposed  site  is  at  no  time  convenient  for 
any  but  those  that  made  that  order.  Pullen  would  have 
acquitted  them  from  the  agreement,  but  they  refused. 
Pray  H.M.  to  refuse  assent  to  the  Act  etc.  Signed, 
William  Yeomans  and  67  others.  Copy.  77  pp.  [(7.0. 
152,  12.  Nos.  63,  63  i.  ;  and  153,  13.  pp.  217-224.] 

Feb.  9.  369.  Order  in  Council.  Approving  representation  of  24th 
Whitehall;  Jan.  (q.v.),  and  ordering  that  a  copy  of  Christopher  Stoddard's 
petition  be  transmitted  to  Governor  Hamilton  and  James 
Miliken,  who  are  to  return  their  answer  in  writing  etc.  No 
signature.  Endorsed,  Reed.,  Read  19th  June,  1718.  1J  pp. 
[C.O.  152,  12.  No.  94  ;  and  153,  13.  pp.  315,  316.] 

Feb.  10.         370.     George  Trenchard  to  the  Earl  of  Sunderland.     Encloses 

Sq™aYe!ry  foll?win9-     Petitioners  have  done  a  signal  service  to  H.M.  and 

their  country  by  stopping  a  very  great  encroachment  of  the 


AMERICA  AKD  WEST  INDIES.  i8i 

1718. 

French  on  our  Newfoundland  trade,  etc.     Signed,  Geo.  Trenchard! 
Addressed.    Sealed.     1  p.    Enclosed, 

370.  i.  Petition  of  Ambrose  Weston  and  William  Cleeves  to  the 

King.  Pray  that  their  expenses  for  proceedings  against 
Toulon  la  Gallantre  (Ollivier  Tulon),m&y  be  defrayed  out 
of  the  money  remitted  from  Bilbao  for  his  seized  fish, 
etc.  Poole,  Feb.  1st,  1717(18).  Signed,  Ambrose 
Weston,  Wm.  Cleeves.  1  p.  [C.O.  194,  23.  Nos.  28, 
28  i.] 

Feb.  10.  371.  Lt.  Governor  Doucett  to  the  Council  of  Trade  and 
Annapolis  Plantations.  Encloses  following  replies  received  that  morning. 
(v.  6th  Feb.)  Continues  : — Some  of  the  cheifs  of  the  Indian's 
have  been  wth.  me  to  tell  me,  that  if  wee  expected  them  to 
continue  our  freind's,  they  expected  presents  yearly  from  H.M., 
as  they  allway's  receiv'd  when  this  country  was  in  the  hands  of 
the  French  King.  I  promised  I  would  writte  to  Great  Brittain 
about  it  etc.  Their  is  no  mean's  better  then  presents  to  gain  them 
to  our  intrest,  and  keep  them  from  goeing  to  Cape  Breton  and 
Canada,  where  they  have  still  presents  if  they  will  goe  for  them 
etc.'  These  place's  being  so  farr  oft,  I  beleive  they  would  not 
undertake  such  journey's  were  they  taken  notice  of  by  us,  etc. 
There  is  nothing  but  presents  can  ever  wean  them  from  their 
punctuall  obedience,  to  the  French  preist's  that  are  amongst 
them,  for  the  generality  of  the  Indian's  would  be  sway'd  more 
by  the  beneffitts  they  receive  in  this  world,  then  trust  to  all 
benefitts  their  preists  can  tell  them,  they  will  receive  in  the  next. 
My  Lords,  if  the  Indian's  could  be  gaind  and  this  place  settle'd, 
Great  Brittain  would  reap  ten  time's  the  advantage  that  it  can  now, 
for  the  French  gett  allmost  all  the  furrs  and  pelltry  of  the  country, 
and  send  it  away  to  Canada,  and  Cape  Breton  etc.  Signed,  John 
Doucett.  Endorsed,  Reed.,  Read  22nd  May,  1718.  2  pp. 
Enclosed,  * 

371.  i.  Lt.   Governor  Doucett  to  Pere  Felix,   the  Preist  at 

Minis.  Annapolis  Royal.  Dec.  4,  1717.  Being  no 
master  of  the  French  tongue,  I  have  wrote  to  Mr. 
Mellanson,  what  I  have  in  command  from  the  King  my 
Master,  concerning  the  French  inhabitants  of  this 
country,  and  hope  they  will  be  so  wise  etc.  as  to  acknow- 
ledge his  sovereignty  by  swearing  allegiance  to  him, 
and  thereby  secure  to  themselves,  and  heirs,  their 
Religion,  estates,  and  the  unparalleld  liberty,  and 
privilidges  of  Brittish  subjects.  I  desire  you  after 
Mr.  Mellanson  has  translated  the  paper  inclos'd  to  him, 
to  publish  it,  and  hope  you  will  give  countenance  to  it, 
since  their  is  nothing  in  it  to  disturb  them  in  their 
Religion  etc.  I  must  allso  desire  your  concurrance  wth. 
Mr.  Mellanson,  concerning  the  sloop  att  Maganshish. 
Signed,  J.  Doucett.  Same  endorsement.  2  pp. 
371.  ii.  Same  to  Mr.  Melanson  att  Minis.  Dec.  5,  1717. 
Prays  him  to  translate  and  publish  enclosed  for  the 
inhabitants  to  sign  etc.,  and  acquaint  them,  that  I  have 


182  COLONIAL  PAPERS. 

1718. 


a  positive  command  nott  to  let  any  of  the  inhabitants 
trade  or  fish  on  the  coast  of  Nova  Scotia,  without  first 
declareing  themselve's  subjects  to  King  George,  who  is, 
God  be  prais'd,  as  firm,  and  fixt  in  the  Throne  of  Great 
Brittain,  as  ever  Lewis  the  14th  was  in  the  French 
Throne  etc.  I  must  allso  recommend  to  your  care  a 
sloop  that  was  cast  on  shore  at  Maganshish,  the  owner 
intending  in  the  spring  to  fetch  her  etc.  Signed  and 
endorsed  as  preceding.  Copy.  1 J  pp. 

371.  iii.  Peter  Mellanson  to  Lt.  Governor  Douce tt.  Minis, 
Jan.  25,  (?  N.s.)  17J|.  Father  Felix  read  your  letter 
to  all  the  inhabitants  that  could  be  got  together. 
Father  Felix  will  write  to  a  Frenchman  and  his  family 
living  near  La  Hanne  concerning  the  wrecked  sloop 
etc.  Signed,  Peter  Mellanson.  Same  endorsement.  \  p. 

371 .  iv.  French  inhabitants  of  Minnes  to  Lt.  Governor  Doucett. 
Reply  to  No.  i.  Feb.  10,  1718.  The  bad  weather  and 
roads  have  prevented  us  from  assembling  in  the  outlying 
country.  We  pray  you  to  grant  us  time  so  that  we  may 
assemble  the  whole  Colony  in  order  to  decide.  We 
cannot  sign  the  oath  of  allegiance  enclosed  in  your 
letter  in  the  form  presented  to  us,  for  three  reasons 
(i.)  that  it  does  not  sufficiently  guarantee  the  liberty  of 
our  religion,  (ne  s'estant  pas  assez  sur  la  liberte  de  nostre 
religion  etc.)  as  has  always  been  promised  us,  (ii.)  if 
we  did  so,  we  should  expose  ourselves  to  the  rage  and 
fury  of  the  Indians,  and  (iii.)  because  when  our 
ancestors  were  under  the  English  rule,  such  oaths  were 
never  exacted  from  them  etc.  Signed,  Pierre  Terriot 
and  eight  others.  Same  endorsement.  French.  1  p. 
[C.O.  217,  2.  Nos.  51,  51  i.-iv.  ;  and  (without  enclosures) 
218,  1.  pp.  359-361.] 

Feb.  10.        372.     Council  of  Trade  and  Plantations  to  the  King.     Submit 
Whitehall,    names  of  Commissioners  for  trying  pirates  in  the  Plantations, 
as   ordered    30th   Jan.     Of.     C.S.P.    1700.     No.    498.     Set   out, 
N.J.  Arch.  1st  Ser.  IV.  339.     [C.O.  324,  10.    pp.  161-185.] 

Feb.  11.  373.  Mr.  Philips,  Agent  for  New  York,  to  Mr.  Popple. 
Encloses  following,  to  be  laid  before  the  Council  of  Trade  and 
Plantations.  Continues  : — By  repeated  letters' from  the  Governor 
and  others  I  am  assured,  that  if  there  be  not  a  speedy  stop  put 
to  the  groundless  and  malicious  complaints  of  Cox  and  his 
adherents,  it  will  be  impossible  that  Brigadier  Hunter  or  any  other 
Governor  should  be  able  long  to  discharge  his  duty  to  any  purpose  : 
Likewise,  that  if  Cox  and  his  friends  are  not  check 'd  and  discoun- 
tenanc'd,  some  poor  ignorant  wretches  may  be  drawn  in  to  be 
hang'd  ;  and  that  it  appears  by  the  tenor  of  some  of  their  letters, 
which  have  fallen  into  the  hands  of  the  Governor,  that  they  have 
laboured  hard  for  an  assassination.  Cox  and  his  friends  (in  order 
to  carry  on  their  malice)  write  and  speak  false  and  reflecting  things 
upon  the  Rt.  Hon.  the  Commissioners  of  Trade,  and  make  use  of 


AMERICA  AND  WEST  INDIES.  183 

1718. 

the  names  of  some  of  the  King's  Ministers,  and  other  great  men, 
not  only  without  their  leave,  but  even  contrary  to  their  intentions. 
As  to  Mulford's  complaint  about  the  whale-fishing,  believes  that 
Instructions  relating  to  that  matter  from  the  Council  and 
Assembly  of  New  York  were  on  board  the  Mercury  (which  is  lost 
with  all  her  men,  excepting  two  or  three.)  Encloses  addresses 
in  favour  of  Governor  Hunter.  Signed,  A.  Philips.  Endorsed, 
Reed.,  Read  12th  Feb.,  17JJ.  4  pp.  Enclosed, 

373.  i.  Certificate  -by  John  Johnston,  Mayor  of  New  York, 
24th  Aug.,  1717,  that  John  Drummy  swore  to  the  truth 
of  the  following  documents.  Signed,  John  Johnston. 
\p. 

373.  ii.  Deposition  of  John  Drummy  of  New  York,  mercht. 
24th  Aug.,  1717.  In  July  last  at  Cape  May  he  learned 
that  letters  from  Mr.  Cox  and  one  Mr.  Bustill  at  London 
were  industriously  handed  about  among  the  Justices 
and  inhabitants  of  New  Jersey,  which  very  much 
disturbed  their  minds,  leading  them  to  declare  that  they 
would  pay  no  more  taxes  to  the  present  Government. 
He  obtained  the  following  copies  etc.  John  Bradner,  a 
dissenting  Minister  of  Cape  May,  refused  to  allow  his 
Congregation  to  have  them  published  in  their  Meeting 
House  etc.  Signed,  John  Drummy.  2J  pp. 
373.  iii.  Copy  of  letter  [?  from  Daniel  Cox]  referred  to  in 
preceding.  The  King's  abscence  very  much  retarded 
our  affaire  etc.  Four  days  after  his  returne  the  petition 
was  read  to  him  in  Council,  and  contrary  to  the 
expectation  of  Coll.  Hunter's  freinds  referred  to  a 
Committee  of  H.M.  Councill  for  heareing  appeals  from 
the  Plantations,  and  which  was  [what]  wee  laboured  for, 
least  it  should  be  ordered  before  the  Board  of  Trade 
which  are  by  this  management  entirely  debarred  from 
haveing  anything  to  doe  in  this  affaire  soe  that  his 
freind  Dominique  cant  doe  him  that  service  that  Coll. 
Hunter  might  have  expected  etc.  His  freinds  urge 
all  they  can  to  deferr  heareing  till  he  comes  for  they 
know  neither  he  nor  they  can  stand  the  shock  of  the 
accusation  etc.  Wee  lay  before  the  Ministers  the 
miserable  condition  of  the  people  and  the  necessity  of 
a  speedy  heareing  etc.  The  management  of  Collo. 
Hunter  and  some  Quakers  in  refference  of  an  Act  of 
Parliament  pas.st  here  is  highly  resented  here  etc. 
You  will  soon  find  something  done  in  that  affaire  that 
will  not  be  pleaseing  to  the  faction  etc.  Refers  to  Mr. 
BustilVs  letter.  There  is  noe  fear  of  the  removeal  of 
such  oppressions  this  spring  or  summer  at  furthermost 
and  the  Quaker  freinds  will  share  his  fate  tho  perhaps 
sooner.  Signed,  D.  C.  .  1J  pp. 

373.  iv.  Copy  of  letter  [?  from  Mr.  Bustill,  referred  to  in 
preceding].  Describes  voyage  home  and  confirms 
preceding.  Adds  : — Col.  Cox  delayed  the  affair 
entrusted  to  him,  as  there  was  some  uneasiness  among 


184  COLONIAL  PAPERS. 

1718. 

the  Ministers  of  State  about  the  turneing  out  my  Lord 
Townshend,  etc.  There  is  hopes  of  a  heareing  in  about 
a  month.  Col.  Cox  has  beene  favoured  with  the  promise 
of  sever  all  Great  Men,  as  the  Lord  Bishop  of  London 
who  has  promised  to  be  at  the  heareing  and  will  speake 
to  the  Lord  Bishop  of  Canterbury  who  is  one  of  the 
King's  Cabinet  Councill  to  be  there  likewise  etc.  Coll. 
Hunter  interest  is  intirely  sunck  at  Court  since  ye  King's 
displeasure  with  the  Duke  of  Argyle  and  wee  cant 
learn  that  there  is  any  one  nobleman  or  person  of 
distinction  at  Court  will  appeare  for  his  interest.  My 
Lord  Cadogan  can't  heare  him  named  with  any  tollerable 
patience  etc.  Soe  that  you  have  all  imaginable  reason 
to  expect  the  removall  of  that  opposor.  Coll.  Hunter 
refuseing  and  printing  against  the  Act  of  Parliament 
with  Jamison  and  Gordons  treatments  of  it  seems  very 
odd  and  surpriseing  to  those  gentlemen  in  England  that 
was  most  imediately  concerned  in  passing  it,  and  they 
have  made  a  resolve  to  lay  it  before  the  King  and  the 
Act  made  null  and  void  etc.  Even  Parliament  men 
wonders  how  a  Province  of  free-born  Englishmen  cold 
beare  to  be  kept  under  soe  much  tyrany  and  oppression 
without  serveing  him  even  as  the  people  of  Antigua 
served  Generall  Parkes  or  else  from  being  provoked  to 
open  resistance  and  endeavour  our  freedom  by  force 
of  arms,  but  allow  wee  have  done  better  in  flying  to  a 
King  who  delights  in  acts  of  mercy  and  justice  etc. 
Col.  Hunter's  issueing  out  warrants  in  ye  Jerseys  and 
forceing  Members  unto  the  House  and  make  them 
prisoners  at  Amboy  makes  a  merry  story  in  England 
amongst  those  Parliament  men  that  heard  of  it  and 
'tis  said  that  article  is  enough  to  remove  him  etc.  as 
preceding.  Signed,  Hen.  Joyce.  4  pp. 

373.  v.  Copy  of  Order  of  King  in  Council  Jan.  23,  1717.  1  p. 
The  whole  endorsed  as  covering  letter.  [0.0.5,971.  Nos. 
71,  71  i.-v.  ;  and  (without  enclosures)  5,  995.  pp.  435, 
436.] 

Feb.  12.         374.     Mr.  Popple  to  Mr.  Attorney  General.     Encloses  Act  of 
Whitehall.    New  York  for 'the  better  settlement  and  assuring  of  lands,  1710,  for 

his  opinion  in  point  of  law,  the  Governor  having  proposed  the 

repeal  thereof.     [0.0.  5,  1123.    p.  512.] 

Feb.  13.        375.     Same  to  Same.     Encloses  extracts  of  letters  from  Mr. 

Whitehall.  Philips  (llth  Feb.),  affidavit-of  John  Drummie  and  letters  from 
Danl.  Cox  and  Henry  Joyce,  upon  which  the  Council  of  Trade 
and  Plantations  desire  to  discourse  with  him,  "as  it  will  be  for 
H.M.  service  something  should  speedily  be  done  to  put  a  stop  to 
such  false  and  malicious  insinuations."  etc.  [O.O.  5,  1123. 
P.  514.] 

Feb.  13.         376.     Council   of   Trade   and   Plantations   to   Mr.   Secretary 
Whitehall.    Addison.     Enclose   extracts   etc.    as   preceding.     Continue :— By 


AMERICA  AND  WEST  INDIES. 


185 


1718. 

which  you  will  perceive  the  continued  endeavours  of  Brigr. 
Hunter's  enemies  not  only  to  distress  him  and  the  Government 
of  the  Jerseys,  but  even  some  instigations  to  assassinate  him  etc. 
Enclose  address  of  Assembly  of  New  York  relating  to  Mulford's 
complaints.  In  all  probability  the  Brigrs.  answer  has  been  lost  in 
the  Mercury  (v.  llth  Feb.)  etc.  So  that  we  cannot  make  a  full 
report  thereupon  till  the  next  ships  shall  arrive  etc.  [(7.0.  5,  1 1231. 
pp.  515,  516  ;  and  5,  1079.  No.  97.] 

Feb.  13.        377.     Order  of  King  in  Council.     Confirming  Act  of    New 
St.  James's.  York  for  preventing  the  multiplicity  of  lawsuits.   'Signed,  Rob. 

Hales.     Endorsed,  Reed.  24th,  Read  25th  Feb.,  17f|.     1£  pp. 

[(7.0.  5,  1051.     No.  57  ;  and  5,  1123.    pp.  531,  532.] 

Feb.  13.  378.  Order  of  King  in  Council.  Confirming  Acts  of  New 
St;  James's.  Jersey,  (i.)  allowing  the  affirmation  of  Quakers  etc.  1713  (v.  27th 
Jan.,  1718) ;  and  (ii.)  repealing  the  Act  for  ascertaining  the  place 
of  sitting  of  the  Assembly,  1716,  (v.  llth  Dec.,  1717).  Signed, 
Robert  Hales.  Endorsed,  Reed.  24th,  Read  25th  Feb.,  17fJ. 
2  pp.  [(7.0.  5,  971.  No.  72  ;  and  5,  995.  pp.  437,  438.] 

Feb.  13.         379.     Order  of  King  in  Council.     Approving  Representation 
St.  James's;   of   Feb.    10    and   ordering    Commissions   accordingly:     Signed, 

Edward  Southwell.     Endorsed,  Reed.  24th,  Read  25th  Feb.,  17JJ. 

1  p.     [(7.0.  323,  7.     No.  125  ;  and  324,  10.    pp.  193,  194.] 

Feb.  13.        380.     Order  of  King  in  Council.     Repealing  Acts  of  Virginia 

St.  James's,    (i.)  prohibiting  the  unlawful  assembly  of  Quakers,  (ii.)  concerning 

foreign  debts,  etc.     v.  Feb.  3rd.     Signed,  Robert  Hales.   Endorsed, 

Reed.,  Read  21st  Feb.,  17JJ.     1J  pp.     [(7.0.  5,  1318.     No.  44  ; 

and  5,  1365.    pp.  49,  50.] 

Feb.  14.  381.  Mr.  Popple  to  the  Commissioners  of  the  Navy.  The 
Whitehall.  Council  of  Trade  and  Plantations  desire  you  will  let  them  have  as 
soon  as  conveniently  may  be  an  account  of  the  premiums  paid 
for  Naval  Stores  imported  from  America  for  5  years  ending  at 
Christmas  last.  And  an  account  of  pitch  and  tar  imported  from 
America  bought  for  the  use  of  H.M.,  with  the  prices  paid  etc. 
[C.O.  324,  10.  p.  186.] 


Feb.  15.        382.     Mr.  Carkesse  to  Mr.  Popple.     Encloses  papers  relating 

Custom  House,  to  complaints  of  fraudulent  practices  in  the  importation  of  tar 

London.      an(j   p^h   frOm   the   Plantations   etc.     The   Commissioners   of 

Customs  request  the  Council  of  Trade  and  Plantations  to  instruct 

the  Governors  that  all  possible  care  be  taken  in  the  preparing 

and  shipping  pitch  and  tar  to  prevent  a  discouragement  on  the 

commodities,  and  an  abuse  to  the  publick  with  respect  to  the 

bounty  etc.     Signed,  Cha.  Carkesse.     [C.O.  389,  26.    p.  252.] 

Feb.  15.  383.  Mr.  Solicitor  General  to  Mr.  Popple.  Reply  to  Jan.  10th. 
I  am  humbly  of  opinion  that  by  the  clauses  in  the  7th  and  8th 
pages  [of  the  Charter  of  the  Massachusetts  Bay]  (the  lands  in 


186 


COLONIAL  PAPERS. 


1718. 


question  being  now  owned  to  be  part  of  what  is  therein  described 
which  was  not  insisted  on  before  my  former  report  to  their 
Lordships).  The  inhabitants  of  the  Massachusetts  bay  have  the 
right  to  the  soyle  vested  in  them  and  though  there  is  a  clause  in 
page  the  13th  which  restraines  the  Assembly's  power  of  granting 
to  others  without  the  approbacon  of  the  Crown  yett  that  reserved 
power  by  the  Crown  does  not  give  the  Crown  a  power  to  grant 
it  to  any  others  because  the  Crown  has  divested  itself  of  the 
property  by  the  former  clause  and  the  grantees  have  the  inherit- 
ance though  qualified  with  that  condicon  beforemenconed. 
Signed,  Wm.  Thomson.  Endorsed,  Reed.  17th  Feb.,  Read 
23rd  April,  1718.  f  p.  Enclosed, 

383.  i.  Mr..Coram  to  Mr.  Solicitor  General,  21st  Jan.,  1718. 
Answer  on  the  doubt  arising  upon  the  clause  in  the 
Charter  of  the  Massachusetts  Bay.  Signed,  Tho. 
Coram.  Endorsed  as  preceding.  2  pp. 

383.  ii.  Mr.  Dummer's  reply  to  preceding.  Middle  Temple, 
9th  Jan.,  1717.  Signed,  Jer.  Dummer.  Same  endorse- 
ment. 3£  pp. 

383.  iii.  Joshua  Barkstead  to  Mr.  Solicitor  General.     Argues 

that  the  Propriety  of  the  soil  in  the  lands  in  question 
remains  in  the  Crown.  Signed,  J.  Barkstead.  Same 
endorsement,  f  p.  [(7.0.  5,  866.  Nos.  144,  144  i.-iii.  ; 
and  (without  enclosures)  5,  915.  pp.  112,  113.] 

384.  Lt.  Governor  Bennett  to  Mr.  Popple.     Encloses  duplicate 
of  3rd  inst.     Continues : — Eight  more  pirates  are  come  in  and 
surrendred  themselves,  and  I  daily  expect  a  number  of  them  from 
Providence  in  a  sloop  I  sent  thither  for  that  purpose,  and  doe 
intreat  directions  concerning  their  pardons  several  being  impatient 
to  be  gone.     The  vessel  a  snow  called  the  Trial  touched  here 
from  South  Carolina  that  carrys  this  bound  for  Bristol,  the  master 
of  which  (Capt.  Willington)  assures  me  that  the  inhabitants  there 
were  very  apprehensive  that  the  Cherikees  Indians  in  conjunction 
with  the  negros  (many  haveing  already  run  away  from  their 
masters  into  the  woods)  wuld  invade  them,  and  that  an  embargo 
was  expected  to  be  laid  on  all  vessels  the  day  he  sail'd  which  was 
on  the  5th  inst.,  etc.    Signed,  Ben.  Bennett.     Endorsed,  Reed. 
2nd,  Read  3rd  April,   1718.     Holograph.     1  p.     [C.O.   37,   10. 
No.  8.] 

385.  Ambrose  Philips  to  the  Council  of  Trade  and  Plantations. 
As  Agent  for  New  York,  has  been  repeatedly  instructed  to  urge 
the  confirmation  of  the  Act  of  general  naturalization  etc.  (v.  2nd 
Jan.)     Signed,  A.   Philips.     Endorsed,   Reed.    18th,  Read  19th 
Feb.,  17i|-     Upp-     [C.O.  5,  1051.     No.  54;  and  5,  1123.    pp. 
516-518.] 

Feb.  17.        386.     Commissioners  of  H.M.  Navy  to  Mr.  Popple.     Enclose 

Navy  Office,  following  in  reply  to  14th  Feb.     Signed,  Cha.  Sergison,  J.  Fawler, 

Tho.  Colby,  Ja.  Acworth,  Cha.  Wager,  Tho.  Swanson.     Endorsed, 

Reed.  17th,  Read  18th  Feb.,  17JJ.     Addressed.     1  p.     Enclosed, 


Feb.  16. 

Bermuda. 


Feb.  17. 


AMERICA  AtfD  WEST  INDIES. 


187 


1718. 

386.  i.  Account  of  praemiums  paid  for  Naval  Stores,  imported 
from  America,  1713,  £5783  195.  lOd.  ;  1714,  £6860  85.  lOd.  ; 
1715,  £10,135  105.  9d.  ;  1716,  £27,410  75.  9d.  ;  1717, 
£40,354  05.  3d.  Bought  for  the  use  of  H.M.  Navy  ; 
1715,  pitch  715  barrels,  tar  665  barls.  ;  1716,  pitch 
75  barls.  ;  1717,  pitch  1608  barls.,  tar  3773  barls. 
Prices  :  1715,  pitch  £11  and  £9  per  ton,  tar  £12  and  £11 
per  last.  ;  1716,  pitch,  £9  per  ton  ;  1717,  pitch  £7  105. 
and  £6  105.  per  ton,  tar  £11  105.  and  £11  per  last. 
Mem.  Several  tenders  for  Naval  Stores  imported 
from  America  await  payment  of  praemiums,  the 
proprietors  not  having  yet  brought  the  usual  certificates 
from  the  Customs  etc.  I  p.  [C.O.  323,  7.  Nos.  122, 
122  i.  ;  and  (without  enclosure)  324,  10.  p.  188.] 

Feb.  18.        387.     Mr.  Popple  to  the  Commissioners  of  the  Navy.     The 

Whitehall.    Council  of  Trade  and  Plantations  return  thanks  for  preceding, 

and  desire  the  like  accounts  annually  etc.     [C.O.  324,  10.    p.  189.] 

Feb.  18.         388.     Mr.  Popple    to  Sir   E.  Northey.     Desires   his  opinion 
Whitehall.    jn  point  of  law  upon  Act  of   Antigua,   1716,  for  encouraging 
the  importation  of  white  servants,  etc.     [C.O.  153,  13.    p.  217.] 

[Feb.  19.]  389.  Sir  Robert  Mountgomery  to  the  Council  of  Trade  and 
Plantations.  Reasons  why  the  new-intended  settlement  of 
Azilia  (v.  18th  June,  1717)  may  be  of  great  advantage  to  this 
Kingdom,  (i.)  Its  situation  is  such  that  neither  Spaniard  nor 
Indian  enemy  can  invade  Carolina,  or  the  Provinces  to  the  north- 
ward, without  passing  this  new  barrier  etc.  (ii.)  The  commodities 
arising  from  its  cultivation  will  be  different  from  any  now  produced 
by  the  English  Plantations,  which  will  considerably  encrease 
navigation  and  augment  the  Revenue  of  H.M.  Customs, 
(iii.)  As  such  commodities,  olives,  wine,  raisins,  almonds,  currants 
etc.,  are  now  brought  us  from  countries  entirely  foreign,  so  the 
advancement  of  this  Colony  wou'd  produce  a  considerable 
alteration  to  our  advantage  in  the  general  balance  of  our  trade 
to  the  Mediterranean,  (iv.)  The  French  are  eagerly  advancing 
their  interest  in  America,  by  encouraging  their  settlement  on 
the  Missisippi  (their  new  named  St.  Louis)  which  will  open  them 
a  free  trade,  tho  a  private  one,  in  the  Bay  of  Mexico,  with 
European  goods  sent  from  France  to  Quibeck,  and  thence  in 
flat  botom'd  vessells  along  the  rivers,  and  lakes,  behind  all  our 
Plantations,  down  into  Missisippi ;  And  we  having  no  settlement 
on  the  Bay,  can  know  little  of  the  matter,  and  be  ill  able  to  hinder 
it  any  other  way,  than  by  planting  a  new  Colony  of  our  own, 
just  upon  them,  which  wou'd  watch  their  designs,  and  be  a 
check  to  their  ambition,  and  encroachments.  This  can  never 
be  done  more  commodiously  than  under  covert  of  the  Lords 
Proprietors  grant  to  Sir  Robert  Mountgomery,  which  giving 
liberty  to  extend  the  settlement  to  the  utmost  southern  bounds 
of  Carolina  (viz.)  as  far  as  29  degrees,  the  North  coast  of  the  Bay 
of  Mexico  is  all  within  that  limit,  and  whenever  it  shall  be  thought 


188 


COLONIAL  PAPERS. 


1718. 


fit,  a  settlement  may  unexpectedly,  and  without  noise,  be  made, 
somewhere  on  the  river  of  Apalachia,  or  in  any  commodious  place 
thereabouts,  without  sending  any  shipps  at  first,  round  the 
neck  of  Florida,  but  crossing  by  land  from  the  freshes  of  Allata- 
maka  river,  whither  vessells  may  bring  any  number  of  people, 
and  from  whence,  to  the  place  intended,  the  distance  wou'd 
be  very  inconsiderable,  (v.)  The  Bahama  Islands,  being  now 
a  place  of  resort  for  the  pirates  :  and  some  late  measures  having 
been  taken,  to  remove  them  by  force,  and  plant  an  English 
Colony  of  honest,  and  industrious  persons  in  their  room,  the 
neighbourhood  of  the  Bahama's,  and  Azilia,  wou'd  make  them 
mutually  serviceable  towards  strengthening,  releiving,  and 
supporting  one  another.  Prays  for  a  speedy  and  favourable 
report  from  the  Board  etc.  Endorsed,  Reed.  19th,  Read  20th 
Feb.,  17}  J.  Addressed.  1  large  p.  [C.O.  5,  1265.  No.  91.] 

Feb.  20.         390.     Council  of  Trade  and  Plantations  to  the  Lords  of  H.M. 

Whitehall.  Privy  Council.  We  have  had  under  consideration  your  Lord- 
ships' Order  of  the  9th  instant  etc.  Having  consulted  H.M. 
Attorney  General,  we  are  of  opinion  that  an  Instruction  will 
not  be  sufficient  to  empower  the  Governors  to  pardon  any  of 
the  pirates  that  may  come  in  upon  the  Proclamation,  but  that 
there  must  be  Commissions  under  the  Great  Seal  for  the  sevl. 
Governors  for  that  purpose  etc.  [C.O.  324,  10.  p.  190.] 

Feb.  20.  391 .  William  Wood  to  the  Council  of  Trade  and  Plantations. 
The  Law  [of  Jamaica,  for  the  effectual  discovery  of  persons  that  are 
disaffected  etc.]  wch.  I  troubled  your  Lordships  upon  yesterday 
I  conceive  you  will  be  of  opinion  ought  to  be  rejected,  especially 
when  your  Lordships  are  acquainted,  that  by  gentlemen  not 
qualifying  themselves  as  the  Act  directs,  and  not  acting  to 
avoid  the  penalty  therein,  Sessions  were  not  able  to  be  held, 
and  the  Militia  appear'd  in  the  field  without  the  greatest  part  of 
their  officers  in  several  parishes  or  districts  of  the  Islands,  and 
that  to  prevent  so  great  an  inconvenience  new  Justices  and  new 
officers  were  made  a  remedy  ;  a  case  of  very  ill  consequence 
considering  the  very  few  inhabitants  in  it,  besides  those  who  have 
been  or  are  in  commission  ;  no  doubt,  my  Lords,  many  refuse 
to  qualifye  themselves  not  out  of  regard  only  to  it's  being  a 
prostitution  of  the  Sacrament  for  a  civil  end,  but  also  to  free 
themselves  from  chargeable  posts,  and  getting  clear  of  doing 
troublesome  dutys.  There  is  not  one  dissenting  meeting  house 
in  the  country,  tho'  numbers  of  dissenters  by  education  and 
principle  ;  now  if  any  of  these  will  not  take  the  Sacrament 
according  to  the  usage  of  the  Church  of  England,  they  are 
excluded  from  acting  either  as  Justices,  Military  Officers, 
Barristers,  Attorneys  etc.,  which  in  effect  makes  the  Law  a  sort 
of  Schism  Bill  to  the  Island,  etc.  Signed,  Wm.  Wood.  Endorsed, 
Reed.,  Read  Feb.  20th,  17}|.  2  pp.  [C.O.  137,  12.  No.  116.] 

Feb.  21.         392.     Earl    of    Sunderland    to    the    Council    of    Trade    and 
Whitehall.    Plantations.    Encloses  following  for  their  report  thereon.    Signed, 


AMERICA  AND  WEST  INDIES.  189 

1718. 

Sunderland.     Endorsed,    Reed.    24th    Feb.,    Read    3rd    March, 
17fJ.     1  p.     Enclosed, 

392.  i.  Memorial  of  Col.  Richard  Phillips,  Governor  of 
Placentia  and  Annapolis  Royal,  to  the  King,  (i.)  He 
is  only  Governor  of  Placentia,  whereas  there  are  several 
other  settlements  in  Newfoundland,  where,  by  the  Act 
passed  before  there  was  any  Governor  established,  the 
master  of  the  first  vessel  that  arrives  for  the  fishing  is 
empowered  to  determine  disputes  etc.  This  power  does 
not  accord  with  the  position  of  a  Governor  now  that 
the  whole  Island  is  surrendered  to  H.M.  (ii.)  The 
garrison  of  Placentia,  according  to  Capt.  Willis,  is  in 
a  very  bad  state,  (iii.)  All  the  inhabitants  of  Nova 
Scotia,  except  the  garrison  of  Annapolis  Royal,  are 
French  to  the  number  of  6  or  7000,  who  have  never  taken 
the  oath  of  allegiance,  and  when  the  Lt.  Governor 
summoned  them  to  do  so  finally,  replied  that  they  could 
not  do  so  till  they  saw  H.M.  in  a  position  to  protect 
them  against  the  natives,  who  are  very  numerous  and 
entirely  devoted  to  France,  and  they  ask  therefore  not 
to  be  obliged  to  take  up  arms,  in  case  of  a  rupture, 
against  the  subjects  of  France  or  the  Indians  (cf.  No.  ii.) 
(iv.)  The  French  secured  the  natives  to  their  interest 
by  yearly  presents,  and  were  rewarded  by  a  monopoly 
of  their  fur-trade.  The  same  means,  it  is  believed, 
would  gain  them  to  ours  etc.  (v.)  The  boundaries 
between  the  French  and  H.M.  subjects  in  Nova  Scotia 
not  being  determined,  the  former  are  still  in  possession 
of  such  parts  as  they  find  most  suitable  for  curing  their 
fish,  and  continuing  their  trade  with  the  Indians,  to  the 
prejudice  of  that  of  H.M.  subjects,  and  contrary  to  the 
Articles  of  Surrender,  (vi.)  Nova  Scotia  is  a  very  rich 
and  fertile  country,  and  the  fishery  surpasses  that  of 
Newfoundland,  being  to  the  southward,  and  therefore 
two  or  three  months  earlier.  It  only  requires  inhabit- 
ants to  make  it  a  very  advantageous  Colony  to  Great 
Britain,  and  it  is  therefore  proposed  that  all  encourage- 
ment should  be  given  towards  peopling  it,  and  the 
Governor  given  power  and  instructions  to  that  effect. 
( vii. )  The  Fort  of  Annapolis  is  in  a  bad  state  (v.  enclosure. ) 
(viii.)  A  frigate  under  his  orders  is  absolutely  necessary 
for  the  Governor  of  these  two  countries,  (ix.)  In  case 
of  H.M.  granting  lands  in  these  parts,  the  fishery  and 
the  Capes  and  the  right  of  curing  fish  wherever  found 
most  suitable,  should  be  reserved  for  the  common  use 
of  H.M.  subjects.  French.  2J  pp. 

392.  ii.  Lt.  Governor  Doucett  to  [?  Governor  Phillips]. 
Annapolis  Royal,  Nov.  5,  1717.  I  arrived  here  23  Oct. 
etc.,  concerned  to  find  a  fort  almost  demolisht,  and  the 
men  within  continually  in  mutiny  for  their  pay.  I  told 
them  H.M.  had  been  acquainted  with  their  complaints, 
and  that  in  the  spring  they  would  be  redresst.  However 


190 


COLONIAL  PAPERS. 


1718. 


the  commanding  officer  of  each  company  keeps  the 
men's  arm's,  and  deliver's  them  out  as  they  mount 
guard  etc.  As  to  their  cloaths,  they  are  indifferently 
well  etc.  As  to  arm's  they  must  have  an  intire  new 
sett,  these  not  being  fitt  for  service,  I  don't  find  one 
bay  one  tt  or  sword  in  the  Garrison  etc.  ;  allso  a  chyrur- 
geon's  chest,  severall  of  the  men  rotting  with  a  certain 
distemper  that  requires  phisick.  I  am  desired  by  all 
the  Gentlemen  of  the  garrison  to  congratulate  yr. 
Excellency,  and  to  recommend  to  your  care  our  Chaplain 
Mr.  Harrison,  and  two  cadett's  that  have  served  here 
some  time,  vizt.  Mr.  Hugh  Campbell  and  Mr.  John 
Broadstreet.  I  here  send  you  a  paper  inclos'd,  that 
I  summons'd  the  French  inhabitants  to  signe,  etc., 
(v.  preceding),  with  a  coppy  of  their  answer,  having 
sent  two  originals,  one  to  the  Secretary  of  State,  and 
one  to  the  Secretary  of  War.  I  allso  send  you  a  coppy 
of  a  Placart,  I  have  put  up,  concerning  all  vessell's  that 
sail  from  hence,  which  I  hope  you  will  approve  on,  for 
before  they  took  no  more  notice  of  a  Governor  here  ; 
then  a  person  that  was  under  the  direction  of  a 
Collector,  here  is  allso  a  return  of  the  Garrison  etc. 
Signed,  John  Doucett.  2  pp.  [C.O.  217,  2.  Nos.  37, 
37  i.  ;  and  (without  enclosures)  218,  i.  p.  339.] 

Feb.  21.         393.     The  Earl  of  Sunderland  to  the  Council  of  Trade  and 
Whitehall.    Plantations.     Encloses  following.     You    are    to    lay    the    same 
before   the   House   etc.     Signed,   Sunderland.     Endorsed,   Reed. 
Read  21st  Feb.,  17f|.     1  p.     Enclosed, 

393.  i.  Address  of  the  House  of  Commons  to  the  King,  praying 
that  all  papers  from  the  Plantations,  with  the  orders 
given  thereupon,  relating  to  the  pirates  in  the  West 
Indies  since  the  last  peace  may  be  laid  before  the  House. 
20th  Feb.,  1717(18).  Copy.  £  p.  [C.O.  323,  7. 
Nos.  123, 123  i.  ;  and  (covering  letter  only)  324, 10.  p.  191.] 

Feb.  21.  394.  Mr.  Burchett  to  Mr.  Popple.  H.M.S.  the  Dragon, 
Capt.  Thomas  Scott,  and  the  Rye,  Capt.  Thomas  Whorwood 
are  design'd  convoy  to  Newfoundland,  Capt.  Scott  being  the 
Comadore  etc.  Asks  for  heads  of  enquiry  etc.  as  usual.  My 
Lords  Commrs.  of  the  Admiralty  having,  at  the  requests  of  the 
merchants,  planters  etc.  of  Biddeford  etc.  order'd  the  Rye  to 
proceed  before  the  Dragon,  so  as  to  be  at  the  harbour  of  Trepassy 
by  the  middle  of-  April  next  at  farthest,  that  so  she  may 
protect  there  trade  there,  and  at  the  ports  thereabouts,  until  the 
Dragon  arrives,  asks  for  any  particular  Instructions  for  Capt. 
Whorwood  etc.  Signed,  J.  Burchett.  Endorsed,  Reed.  22nd, 
Read  24th  Feb.,  17JJ.  Addressed.  1  p.  [C.O.  194,  6.  No.  38  ; 
and  195,  6.  pp.  369,  370.] 

Feb.  21.         395.     Council   of   Trade   and   Plantations   to    Lt.    Governor 
Whitehal.     Spotswood.     Enclose  Order  in  Council,  Feb.  13th,  repealing  two 


AMERICA  AND  WEST  INDIES. 


191 


1718. 


Feb.  23. 


Feb.  21 


Feb.  24. 


Feb.  24. 


Feb.  24. 

Whitehall. 

Feb.  25. 

Whitehall. 


Acts,  to  be  publish'd  and  enter'd  in  the  Council  Books  as  usual. 
[C.O.  5,  1365.     p.  51.] 

396.  M.  le  Marquis  de  Wignacourt  to  Mr.  Docminique,  one 
of  the  Commissioners  for  Trade  and  Plantations.     In  the  absence 
of  Capt.  Coram  in  France,  urges  the  demand  for  a  settlement  of 
disbanded  soldiers  (cf.  20th  Dec.,  1717),  and  concludes  as  following. 
Signed,    Le    Marquis    de    Wignacourt    Franconville.     Endorsed, 
Reed.   Read   24th  Feb.,    17}J.     French.     4  pp.     [C.O.   5,    866. 
No.  136.] 

397.  Marquis  de  Wignacourt  and  others  to  the  Council  of 
Trade  and  Plantations.     Petitioners  allege  the  land  desired  for 
settlement  between  Maine  and  Nova  Scotia,  was  lost  to  the 
French,  and  that  the  Crown  by  conquest  has  reinvested  itself e 
of  a  just  right  and  title  to  it.     Propose  that  the  Board  shall 
examine  the  conquest  and  instruct  General  Nicholson  to  lay 
before  them  the  extent  of  the  French  and  English  conquests  as 
they  appear'd  to  him  in  1710.     Signed,  Le  Marquis  de  Wignacourt 
franconville     Dujary,     Daniel     Pelisson,     William     Birkhead. 
Endorsed,  Reed.   21st,  Read  24th  Feb.,   17}?.     1  p.     [C.O.   5, 
866.     No.  138  ;  and  5,  915.     pp.  87,  88.] 

398.  Mr.  Byrd  to  the  Council  of  Trade  and   Plantations. 
Haveing  been  convinc't  by  the  Attorney  Genii's  opinion  (v.  Dec. 
24,  1717),  that  H.M.  Governour  of  Virginia  hath  power  by  the 
Royal  Instruction  to  appoint  Courts  of  Oyer  and  Terminer  etc., 
refers  to  his  petition  and  the  Order  in  Council,  (2nd  Feb.),  and 
prays  for  an  early  and  favorable  report  thereupon  etc.     Signed, 
W.  Byrd.     Endorsed,  Reed.  24th,  Read  27th  Feb.,  17JJ-     1  P- 
[C.O.  5,  1365.     No.  45.] 

399.  Address   of   the   Representatives   and    Inhabitants   of 
South  Carolina  to  the  King.     A  repetition  of  Address  printed, 
C.S.P.  1716,  Nov.  30th.     Signed,  Geo.  Logan,  Speaker;  David 
Durham,  Tho.  Summers,  Thomas  Lynch,  Richd.  Harris,  John 
Godfry,  Arthur  Hall,  John  Woodward,  John  Russ,  Ra.  Izard, 
William   Gibbon,   Wa.   Izard,   John   Williams,   Thomas   Satur, 
Hugh   Hext,   Richard  Butler,   Thos.   Townsend,   Benja.   de   la 
Conseillere,  Charles  Hill,  Jonth.  Drake,  Thomas  Waring,  Jno. 
Beamor,  Roger  Moore,  Ja.  Cochran,  Members  of  the  House  of 
Commons  ;  and  likewise  by  the  rest  of  the  inhabitants,   (526 
signatures).     Copy,  certified  by  Johannes  Croft,  Notar  Pubcus. 
Endorsed,  To  be  sent  to  the  Proprietors  of  Carolina.     One  large 
p.     Torn.     [C.O.  5,  382.     No.  19.] 

400.  List   of  papers,   copied  for  the   House   of    Commons, 
relating  to  pirates,     (v.  Feb.  21st).     [C.O.  324,  10.     pp.  250-260.] 

401.  Mr.  Popple  to  Mr.  Attorney  General.     The  Council  of 
Trade  and  Plantations  desire  you  to  give  them  a  draught  of  such 
alterations  in  the  Act  of  New  York  for  a  general  naturalization 
as  you  may  think  proper  to  be  recommended  to  Brigr.  Hunter 


192  COLONIAL  PAPERS. 

1718. 

to  be  passed  into  a  new   law.     (v.   2nd  Jan.)     [C.O.    5,    1123. 
pp.  518,  519.] 

Feb.  25.         402.     Council  of  Trade  and  Plantations  to  Governor  Hunter. 

Whitehall.  Abstract.  Acknowledge  letters.  Are  satisfied  with  what  he 
writes  relating  to  Mr.  Lodwick's  memorial.  The  bills  which  he 
says  he  drew  for  the  building  of  forts  by  her  late  Majesty's  order 
are  still  outstanding,  because  the  orders  for  drawing  them  have 
not  been  communicated  to  the  Treasury.  Ask  for  authentick 
copies  of  said  orders  and  accounts  of  what  has  been  done.  The 
observance  of  the  Proclamation  and  Act  for  settling  the  rates 
of  foreign  coins  in  the  Plantations  is  of  such  consequence  to  the 
general  welfare,  that  it  must  not  be  neglected.  They  therefore 
desire  to  be  informed  which  are  the  neighbouring  Governments 
to  which  he  refers  as  not  observing  them,  and  by  what  methods 
they  evade  them.  They  have  some  objections  (v.  encl.  i.)  to  the 
Revenue  Act,  particularly  that  it  affects  the  trade  and  navigation 
of  this  Kingdom,  but  would  not  propose  its  repeal,  because  he 
says  that  would  ruin  the  trade  of  the  Province  ;  he  must  therefore 
move  the  Assembly  to  pass  a  new  act  not  liable  to  the  said 
objections.  Otherwise  they  will  be  obliged  to  lay  this  act  before 
H.M.  for  disallowance,  for  no  acts  are  to  be  passed  in  the 
Plantations  whereby  the  shipping  and  navigation  of  this  Kingdom 
are  affected,  according  to  the  Additional  Instruction  of  27th 
Sept.  last.  They  have  the  like  objections,  also  enclosed,  to  the 
Act  to  oblige  all  vessels  trading  to  their  Colony  to  pay  duty  etc.,  and 
for  the  same  reasons  desire  him  to  get  a  new  act  passed,  not 
liable  thereto.  Enclose  Attorney  General's  objections  to  act 
for  shortening  lawsuits,  showing  the  necessity  of  getting  another 
act  passed  etc.  Remind  him  of  his  Instructions,  and  that  he 
be  very  particular  in  his  remarks  and  explanations  of  acts  trans- 
mitted to  them.  Will  consider  what  he  writes  of  the  failure  in 
making  tar  etc.,  and  in  the  mean  time  desire  an  account  of  what 
number  of  Palatines  remain  and  where,  how  they  are  employed 
and  in  what  manner  they  might  be  made  more  useful  to  that 
Province  and  this  Kingdom.  He  will  receive  all  the  assistance 
he  can  give  on  account  of  his  disbursements  for  those  people, 
but  it  has  not  been  possible  to  do  anything  in  that  matter  this 
session  of  Parliament.  They  cannot  find  in  his  Commission  that 
the  whale-fishery  is  reserved  to  him,  as  he  intimates  in  his  letter 
of  22nd  Nov.  Request  him  to  explain  and  to  send  a  full  answer 
to  Mulford's  petition,  together  with  a  return  of  the  whale-fishery 
and  dues  paid  thereon.  They  hope  he  gives  all  due  encourage- 
ment to  that  trade.  Quote  from  their  report  13th  Feb.  Commis- 
sions are  preparing  to  enable  him  to  try  pirates  at  New  York. 
Will  recommend  Mr.  Harrison  for  the  Council  on  the  first 
vacancy.  Ask  for  accounts  of  imports  from  Madeira  and 
the  Western  Islands,  and  for  information  of  French  activity  on  the 
Mississippi,  and  for  report  on  the  best  method  of  preventing  the 
evil  effects  of  their  securing  and  communicating  with  their 
settlements  in  Canada,  etc.,  as  No.  334.  Set  out,  N.Y.  Col.  Docs, 
v.  500.  Annexed, 


AMERICA   AND   WEST   INDIES. 


193 


1718. 


Feb.  25. 

St.  James's. 


Feb.  25. 

St.  James's. 


Feb.  25. 

St.  James's. 


Feb.  27. 

Virginia. 


402.  i.  Some  queries  as  to  the  duties  imposed  by  the  Acts  of 

New  York  for  the  support  of  the  Government,  1715,  and 
laying   a   duty   upon   trading   vessels,    1716.     [C.O.    5, 
1123.     pp.    519-529;     and    (corrected    draft)    5,    1079 
No.  98.] 

403.  H.M.  Warrant  for  a  Commission  to  Governor   Sir  N. 
Lawes,  the  Council  of  Jamaica,  the  Chief  Justice,  the  Judge  of 
the   Vice- Admiralty,   the   Captains   and   Commanders   of   H.M. 
ships  of  war  within  the  Admiralty  jurisdiction  of  Jamaica,  the 
Receiver-General  and  Secretary  of  Jamaica,   H.M.   Surveyors- 
General  of  the  Customs  in  America,  Collectors  of  Customs  in 
Jamaica,   to  be  Commissioners  for  trying  pirates  at  Jamaica 
according  to  the  Act,  llth  K.  William  III.  for  the  more  effectual 
suppression  of  piracy  etc.,  with  the  same  powers  and  directions 
as  were  contained  in  the  Commission  granted  by  King  William  in 
the  12th  year  of  his  reign  to  Sir  Wm.  Beeston  etc.     Countersigned, 
J.  Addison.     [C.O.  324,  33.    pp.  132-134.] 

404.  H.M.  Warrant  for  similar  Commission  for  trying  pirates 
at  the  Bermuda  Islands  to  Lt. -Governor  Bennet,  the  Council, 
Chief  Justice,  Judge  of  the  Vice -Admiralty,  Captains  and  Com- 
manders  of   H.M.    ships,     Secretary   and   Receiver-General   of 
Bermuda,    Surveyors-General    of    Customs    and    Collectors    in 
Bermuda  etc.  as  preceding.     Countersigned,  J.  Addison.     [C.O. 
324,  33.     pp.  135-137.] 

405.  H.M.  Warrants  for  similar  Commissions  to  the  Governor 
etc.  for  trying  pirates  at  the  Bahama  Islands,  the  Lee  ward  Islands, 
Barbados   and  the   Windward  Islands,   Virginia,  Carolina   and 
Maryland,  New  York,  New  Jersey,  Pennsylvania  and  Connecticut, 
Massachusets  Bay,  New  Hampshire  and  Rhode  Island,  New- 
foundland  and   Nova   Scotia.     All   countersigned  as  preceding. 
[C.O.  324,  33.     pp.  137-159.] 

406.  Lt. -Governor  Spotswood  to  the  Council  of  Trade  and 
Plantations.     Acknowledges  letters  received  on  return  from  New 
York    etc.     Continues : — Before    I    enter    upon    answering    the 
particulars  in  those  letters,  I  beg  leave  to  give  yor.  Lordps.  a 
brief  account  of  my  negotiations  to  the  northward.     As  that 
progress  was  intended  to  concert  with  the  neighbouring  Gover- 
nours,  proper  measures  for  guarding  these  Governments  against 
the  incursions  of  the  Five  Nations,  I  found  both  the  Governour 
of  Maryland  and  Pensilvania  entirely  of  the  same  opinion  with 
me  that  there  could  not  be  a  more  proper  season  to  bring  those 
Indians  to  reasonable  terms  than  now,  while  the  Peace  subsisted 
between  H.M.  and  the  Crown  of  France,  and  consequently  that 
we  were  not  under  the  necessity  of  courting  their  friendship  ; 
they  also  agreed  that  it  was  necessary  to  demand  something 
more  substantial  than  the  bare  promises  of  the  chief  men  of  those 
Indians,  which  they  are  always  very  liberal  of,  in  expectation  of 
presents  from  the  English,  while  at  the  same  time  their  young 

Wt.  441.  C.P.  13. 


194  COLONIAL   PAPERS. 

1718. 


men  are  committing  their  usual  depredations  upon  the  frontiers 
of  these  Southern  Governments.  In  order  therefore  to  obtain 
this  security  we  thought  it  necessary  to  offer  certain  preliminary  s, 
without  which  we  judged  any  further  Treatys  with  those  Indians 
would  be  in  vain  ;  but  as  Brigadeer  Hunter  could  not  be  spared 
from  his  New  York  Assembly  (which  was  then  sitting)  and  the 
ill  state  of  health,  in  which  Collo.  Hart  left  his  family  obliged 
him  to  return  home  ;  the  transacting  of  this  part  fell  to  my 
share,  and  I  thought  I  could  not  imploy  my  time  more  agreeable 
to  H.M.  service  than  by  a  personal  interview  wth.  Brigadier 
Hunter  to  know  his  sentiments.  I  arrived  at  New  York  very 
opportunely  to  prevent  the  march  of  a  great  body  of  those  Indians, 
which  I  had  advice  on  the  road,  was  intended  chiefly  agst.  the 
Tributarys  of  this  Country,  and  the  Governor  of  New  York's 
Messengers  overtook  them  upon  their  march  and  obtained  their 
promise  to  abstain  from  any  hostility  s  on  the  English  Governmts. 
As  to  the  principal  occasion  of  my  journey,  the  Assembly  of 
New  York  being  in  the  height  of  their  business,  and  like  to  make 
a  longer  session  than  ordinary,  and  withall  the  season  of  the  year 
being  so  far  advanced,  as  not  to  admitt  of  an  interview  with  the 
Sachems  of  the  Five  Nations  during  my  stay  there  ;  all  that 
could  be  done  was  to  leave  the  preliminarys  to  be  communicated 
to  them  by  the  Governour  of  New  York  who  has  engaged  to 
obtain  their  answer  sometime  this  Spring  ;  upon  the  return 
whereof  I  shall  be  able  more  fully  to  communicate  to  your 
Lordps.  what  is  the  sense  of  these  Southern  Governments  with 
relation  to  the  five  Nations,  and  what  measures  are  necessary 
to  be  taken  for  securing  H.M.  subjects  here  against  the  dangers 
which  threaten  them  from  that  quarter.  In  obedience  to  H.M. 
commands  etc.  I  have  issued  a  proclamation  forbidding  all  trade 
and  commerce  contrary  to  the  said  Treaty  of  Neutrality  etc.  ; 
Soon  after,  having  reciev'd  advice  that  a  Bermuda  sloop  had 
imported  here  a  considerable  quantity  of  French  sugar,  I  caused 
her  to  be  siezed,  and  brought  to  a  trial  before  the  Court  of 
Admiralty  ;  upon  the  trial  the  Master  alledged  he  purchased 
the  sugar  of  a  Frenchman  at  one  of  the  Salt  Islands,  not  belonging 
to  the  French  King  ;  but  tho  the  Judge  of  this  Court  thought 
fitt  to  discharge  the  siezure,  in  regard  the  Master  was  ignorant 
of  the  Treaty  of  Neutrality  when  the  sugar  was  taken  on  board 
and  imported  here,  yet  he  declared  he  would  for  the  future  con- 
demn every  vessell  importing  any  the  produce  of  the  French 
settlemts.  This  declaration,  I  hope,  will  have  it's  effect,  to 
deterr  people  from  that  illegal  trade,  tho'  it  must  be  own'd  that 
were  the  power  of  Judicature  in  maritime  affairs  in  the  hands  of 
any  other  person,  it  would  be  difficult  to  obtain  such  a  sentence, 
it  being  the  common  opinion  here  that  the  Treatys  of  Sovereigns 
do  not  bind  the  subjects  unless  confirm'd  by  Act  of  Parliament, 
and  consequently  that  no  man  ought  to  forfiet  his  vessell  or 
goods  for  -what  is  not  made  a  crime  by  any  law  :  'Tis  in  vain  to 
argue  that  the  prerogative  of  the  Crown  in  making  Treatys 
and  Alliances  being  part  of  the  Common  Law  of  the  land,  there 
must  naturally  be  the  same  power  in  the  Crown  to  punish  the 


AMERICA  AND  WEST  INDIES.  195 

1718. 

inf ringers  of  such  Treaty s  :  such  reasoning  will  not  prevail  here. 
It  might  therefore  be  of  service  to  H.M.  and  usefull  to  the  quiett 
of  this  Country,  in  undecieving  the  ignorant  and  convincing 
the  obstinate  if  when  such  new  cases  as  this  of  confiscating  ship 
and  goods  for  the  breach  of  a  Treaty,  which  does  not  appear 
at  first  sight  to  be  an  offence  against  any  Statute  Law,  your 
Lordsps.  would  be  pleased  to  send  together  with  H.M.  directions 
the  opinion  of  some  eminent  lawyers  on  the  point,  it  being  certain 
that  tho'  a  Governor  is  sincerely  convinced  that  all  the  orders  he 
recieves  from  the  Crown  are  founded  on  reason  and  justice, 
yet  he  acts  under  a  very  great  disadvantage,  if  he  is  not  able  to 
answer  all  the  impertinent  queries  that  are  put  to  him  on  such  an 
occasion.  Immediatly  upon  the  reciept  of  H.M.  Order  in  Council 
I  issued  a  proclamation  for  repealing  both  the  Indian  and  Tobacco 
laws  ;  but  as  the  Countrey  are  almost  generally  sensible  of  the 
loss  of  the  tobacco  law,  so  the  Government  found  itself  no  less 
embarrass'd  by  the  repeal  of  the  Indian  Law  :  the  forreign  Indians 
had  been  brought  to  so  good  a  correspondence  with  this  govern- 
ment by  the  commerce  established  between  them  and  the  late 
Company,  that  it  was  judged  dangerous  to  discontinue  that  trade, 
because  of  the  jealousys  it  might  naturally  create  in  the  minds 
of  that  suspicious  people  ;  and  the  fort  of  Christanna  has  been 
found  so  usefull  to  the  security  both  of  the  Tributarys  settled 
there,  and  of  the  English  settlements  on  that  frontier,  that  the 
slighting  thereof  would  have  proved  of  ill  consequence  besides 
that  the  Indian  hostages  being  kept  there  at  the  expence  of  the 
late  Company,  it  would  have  been  dangerous  either  to  have  sent 
them  back  or  to  have  removed  them  to  any  other  place,  where 
their  parents  could  not  so  easily  resort  to  see  them.  Upon  these 
considerations,  the  Council  unanimously  agreed  to  desire  the  late 
Compa.  to  continue  their  commerce,  and  to  keep  up  the  fort  and 
garrison  till  the  meeting  of  an  Assembly,  which  accordingly  is 
appointed  to  be  held  the  23rd  of  Aprill.  What  measures  they 
will  take  therein  or  in  compliance  with  H.M.  commands  for 
reimbursing  the  reasonable  expence  of  that  Company  on  the 
publick  service,  or  regulating  the  Indian  Trade,  must  be  left  to 
time.  As  I  have  constantly  treated  the  Gentlemen  of  the 
Council  with  that  freedom  and  openness  which  becomes  one 
that  has  no  other  view  than  promoting  H.M.  service,  nor  no  other 
aim  in  representing  to  your  Lordsps.  their  behaviour  than  to 
remove  unreasonable  scruples,  I  communicated  to  that  Board 
your  Lordps.  opinion  upon  the  distinctions  they  make  of  them- 
selves as  Councillors  and  as  the  upper  House  of  Assembly,  and 
upon  their  refusing  their  advice  as  Councillors  in  matters  of  law, 
under  pretence  of  their  being  Judges  of  the  Generall  Court,  it 
was  some  surprize  to  me  to  find  some  of  those  gentlemen  deny 
the  facts,  untill  the  particular  instances  were  quoted  and  acknow- 
ledged by  others  ;  but  altho'  they  had  then  nothing  to  object 
against  what  I  had  represented  to  yor.  Lordps.  on  both  those 
heads  ;  yet  the  common  practice  of  sending  partial  representa- 
tions to  your  Lordsps.  whenever  they  find  it  necessary  to  justify 
themselves  by  concealing  the  truth,  gives  me  ground  to  suspect 


196 


COLONIAL    PAPERS. 


1718. 


Feb.  28. 

Whitehall. 


that  the  same  persons  who  have  introduced  this  distinction  will 
not  rest  satisfyed  in  yor.  Lordps.  determination,  nor  in  the  con- 
viction of  the  truth  of  what  I  have  charged  them  with,  but  will 
still  endeavour  by  false  glosses  to  colour  over  a  practice  as  unjust 
in  itself  as  'tis  prejudicial  to  the  King's  service  :  And  therefore 
if  they  or  their  Agent  Mr.  Byrd  should  deny  at  yor.  Lordps. 
Board  their  making  any  such  distinctions  as  I  have  mentioned, 
I  begg  yor.  Lordps.  will  be  pleased  to  have  recourse  to  the  Council 
Journal  the  20th  June,  1706,  upon  their  advising  Coll.  Nott  to 
the  passing  the  Body  of  Laws  prepared  by  that  Assembly,  and 
to  the  Journal  of  the  Council  the  24th  Dec.,  1714,  on  occasion 
of  continuing  the  Act  for  the  defence  of  the  Countrey  in  times  of 
danger,  as  a  proof  of  the  first  of  those  distinctions  ;  And  to  the 
Council  Journal  of  the  25th  of  Oct.,  1715,  upon  a  question  put 
to  them  whether  there  was  any  law  of  this  countrey  directing 
Justices  of  the  Peace  to  levy  the  allowance  for  the  Burgesses, 
as  a  proof  of  the  second  distinction.  There  are  other  instances 
since  to  the  same  purpose,  tho'  not  inserted  in  the  Journals, 
because  I  would  avoid  new  contests,  it  being  strenuously  insisted 
on  that  the  Council  were  not  bound  to  enter  any  reason  for  their 
opinion,  in  the  Journals,  etc.  Refers  to  enclosed  accounts.  Will 
send  account  of  auditing  and  return  the  old  seal  by  the  next 
opportunity.  Will  lay  H.M.  Instruction  concerning  the  passing 
of  laws  before  the  next  Assembly,  etc.  Signed,  A.  Spotswood. 
Endorsed,  Reed.  15th,  Read  20th  May,  1718.  6|  pp.  Enclosed, 

406.  i.  Account  of  H.M.  Revenue  of  2,9.  per  hhd.  in  Virginia, 

25th  April-25th  Oct.,  1717.  Receipts,  £3,287  Is.  IJd. 
Expenditure,  £3,862  175.  IJcZ.  Signed,  J.  Roscow,  Recr. 
Genii. ,  John  Grymes,  Depty.  Auditor,  A.  Spotswood. 
Endorsed  as  preceding.  1| '-pp.  [C.O.  5,  1318.  Nos. 
46,  46  i.  ;  and  (without  enclosure)  5,  1365.  pp.  58-61.] 

407.  Mr.   Popple  to  Mr.   Carkesse.     Encloses  Copy  of    Mr. 
Cumings'  letter,  28th  Jan.,  to  be  laid  before  the  Cmmrs.  of  H.M. 
Customs.     The  Council  of  Trade  and  Plantations  desire  their 
opinion  of  the  expediency  of  what  Mr.  Cumings  proposes  therein, 
as  soon  as  may  be  convenient.     [C.O.  5,  915.    p.  89.] 


March  3. 

Whitehall. 


408.  Same  to  Governor  Hamilton.  H.M.  has  been  pleased 
to  approve  the  Acts  of  St.  Christophers  to  prevent  the  danger  that 
may  happen  by  fire  and  to  impower  the  Surveyor  etc.,  and  an  Act 
of  Antegoa/or  constituting  a  Court  of  Chancery  etc.  (v.  30th  Jan.) 
H.M.  has  thought  fit  to  repeal  an  Act  of  Antegoa  for  establishing 
a  Court  of  King's  Bench  etc.  for  the  reasons  contained  in  the 
Attorney-Genls.  report  (a  copy  whereof  is  here  inclosed  for  your 
information)  and  that  you  may  endeavour  to  get  another  Act 
passed  if  necessary,  not  liable  to  those  objections.  You  will 
receive  from  the  Agents  of  each  Isld.  the  orders  for  the  confirma- 
tion of  the  Acts  abovementioned.  But  I  doubt  they  will  not 
pay  the  fees  for  the  order  of  repeal ;  and  therefore  I  send  you 
inclosed  a  copy  of  the  same  attested  by  the  Clerk  of  the  Council 


AMERICA  AND  WBST  INDIES.  197 

1718. 

There  is  another  Act  passed  at  St.  Christophers,  1712,  for  veiling 
estates  etc.  upon  which  H.M.  Attorney  Genl.  had  given  his  opinion 
(v.  C.S.P.  14th  July,  1713)  that  it  is  not  fit  to  be  confirmed  for 
several  reasons.  But  as  their  Lordps.  believe  there  may  have 
been  several  transactions  in  pursuance  of  that  Act,  so  that  the 
repealing  of  it  immediately  might  occasion  several  difficulties 
and  disputes  among  the  inhabitants  of  that  Island,  their  Lordps. 
chuse  rather  to  let"  it  lie  dormant/  till  the  Assembly  have  had  an 
opportunity  of  passing  a  new  Act  not  liable  to  the  objections 
contained  in  the  Attorney  Genls.  report  here  inclosed.  They 
desire  therefore  this  matter  may  be  laid  before  the  first  Assembly 
at  St.  Christophers  that  they  may  consider  the  same  and  pass  a 
new  Act,  other  ways  this  will  be  repealed.  Whereas  it  is  necessary 
for  their  Lordps.  in  considering  the  general  state  of  the  Trade 
of  this  Kingdome  to  have  accounts  of  the  Trades  of  each  particular 
country  ;  and  as  they  have  accounts  of  what  goods  are  sent  from 
hence  to  the  Maderas  and  Western  Islands,  so  it  is  necessary  their 
Lordps.  should  be  informed  of  what  returns  are  made  from  thence. 
But  as  the  main  of  the  exports  from  those  Islands  are  to  the 
Plantations  in  America,  their  Lordps.  can  get  here  no  account 
of  them,  and  tho'  the  naval  Officers  do  sometimes  give  accts. 
of  the  entries  of  ships  inwards  yet  it  is  in  such  a  confused 
manner  (sometimes  expressing  the  quantities  of  goods  in  some 
ships  and  oftner  omitting  it)  that  it  is  impracticable  to  make  a 
true  state  of  that  Trade.  I  am  to  desire  you  therefore  to  give 
immediate  directions  to  the  proper  Officer  to  make  out  an  account 
of  the  imports  from  the  Maderas  and  Western  Islands  for  3  years 
last  past  and  to  send  the  same  by  the  first  opportunity.  And 
for  the  future  the  Board  desire  you  to  take  care  to  give  them 
annual  accts.  of  the  said  imports.  I  am  further  to  desire  of  you 
a  particular  account  of  all  grants  of  escheated  estates  made  by 
you  since  your  Governmt.  whither  they  be  temporary  or  perpetual 
specifying  the  no.  of  acres  granted,  what  quit-rent,  if  any  is 
reserved  upon  thent  with  the  name  of  the  grantee  and  the  reasons 
inducing  you  to  make  such  grant.  Their  Lordps.  lately  writ 
to  you  themselves  for  a  particular  account  of  the  grants  made 
in  the  French  part  of  St.  Christophers.  I  am  again  to  remind 
you  of  what  their  Lordships  writ  you  the  4th  Oct.  last  and 
what  I  repeated  the  24th  of  the  same  month  about  transmitting 
the  accounts  of  the  Revenue  and  of  the  annual  expences  of  the 
Islands  under  your  Government,  which  you  are  required  by  your 
Instructions  to  transmit,  and  which  their  Lordps.  do  insist  on 
having  as  soon  as  possible.  I  am  likewise  to  remind  you  of  what 
I  writ  you  24th  Oct.,  relating  to  a  Collection  of  the  Laws  of  each 
Island,  which  is  the  more  necessary  at  present,  because  their 
Lordps.  intend  to  have  all  the  Laws  of  each  Government  that 
are  in  force,  printed.  Their  Lordps.  being  informed  that  the 
settlement  at  Crabb  Island  increases  more  and  more,  have  ordered 
me  to  repeat  to  you  the  directions  sent  you  20th  Jan.,  17JJ,  to 
discourage  that  settlemt.  as  much  as  possible  you  can  ;  but  you 
are  to  do  this  in  such  a  manner  as  not  to  oblige  those  people  to 
retire  to  St.  Thomas  or  any  foreign  Plantation  and  their  Lordps. 


198 


COLONIAL    PAPERS. 


1718. 


March  3. 

Whitehall. 


March  3. 

Whitehall. 


expect  from  you  a  more  particular  account  of  the  condition  of 
the  settlement  at  Crabb  Island  and  of  the  methods  you  may 
think  necessary  to  be  taken  for  the  suppressing  it,  in  case  these 
used  by  yourself  should  not  prove  effectual.  [C.O.  153,  13.'  pp. 
233-237.] 

409.  Council  of  Trade  and  Plantations  to  the  Earl  of  Sunder- 
land.     We  beg  leave 'to  inform  your  Lordship,  that  it  would  bfe 
of  great  convenience  to  the  King's  service,  that  some  one  of  H.M. 
Counsel  learn'd  in  Law  should  be  directed  by  particular  appoint- 
ment to  attend  the  Law  business  relating  to  Trade  and  Plantations. 
For  altho'  we  are  already  impowerd  by  our  Commission  to  send  for 
the  Attorney  or  Solicitor  General  or  any  other  of  H.M.  Counsel 
learned  in  the  Law,  and  to  consult  them  as  occassion  shall  require, 
it  has  hitherto  been  ye  custom  to  consult  the  Attorny  and 
Solicitor  only,  and  tho'  we  do  not  find  any  instance  where  either 
of  them  have  neglected  to  give  their  attendance  at  this  board, 
when  thereunto  required,  notwithstanding  the  great  weight  of 
other  business  that  must  naturally  lye  upon  them  in  the  discharge 
of  their  duty  to  the  King  and  to  their  clients,  yet  we  cannot  help 
thinking  that  our  predecessors  in  regard  to  the  value  of  these 
Gentlemen's  time,   have  been  very  tender  of  troubling  them 
except  in  matters  of  great  importance,  and  indeed  considering 
how  many  laws  we  do  annually  receive  from  the  severall  Planta- 
tions, and  how  many  doubts  do  daily  arise  in  points  of  law 
contained  in  the  severall  Memorials  and  Petitions  referred  to  us, 
were  we  to  require  the  attendance  either  of  H.M.  Attorney  or 
Solicitor  General,  so  often  as  occasion  would  seem  to  require  it, 
we  should  leave  them  but  very  little  leizure  to  bestow  upon  any 
other  kind  of  business.     We  cannot  therefore  but  believe,  that 
ye  proposall  we  now  take  the  liberty  to  make  your  Lordship, 
would  be  equally  for  H.M.  service,  and  for  the  ease  of  the  Attorney 
and  Sollictor  Genii,  to  whom,  after  the  appointment  of  some 
particular  Counsel  to  attend  our  Board,   we  should  have  no 
occasion  to  apply  ourselves  but  in  cases  of  great  importance. 
But  there  is  still  further  reason  for  the  proposall  at  this  time  and 
that  is,  that  we  are  now  going  to  collect,  revise  and  dispose  into 
proper  order  and  methods  the  laws  of  the  severall  Plantations 
that  they  may  be  printed,  which  will  be  a  work  of  great  advantage 
to  the  publick,  but  will  demand  a  good  deal  of  applican.  and  require 
almost  the  constant  attendance,  of  some  one  of  H.M.  Counsel 
learned  in  the  Law.     [C.O.  389,  37.     pp.  145-147.] 

410.  Same  to  the  King.     Representation  upon  William  Byrd's 
petition,  Feb.  2.     Refer  to  correspondence  on  the  question,  the 
Attorney-General's   opinion   (Dec.    24,    1717),    and   their   letter 
Jan.    29.     Continue : — We   are   not   yet   inform'd   whether  the 
Council  will  not  acquiesce-  in  the  aforesaid  opinion  of  the  Attorny 
General.     We  find  that  Mr.  Byrd  in  his  petition  to  your  Majesty 
does  not  question  the  power  itself  which  is  lodg'd  in  the  Governor 
by  his  Commission  from  your  Majesty,  as  he  had  done  in  his 
memorial  to  us,  but  only  desires  it  may  be  restrain'd.     Upon 


AMERICA    AND    WEST    INDIES. 


199 


1718. 


March  3. 

St.   John's. 


March  3. 

Antigua. 


March  4. 

Antigua. 


which  we  must  observe,  that  no  complaint  has  been  offer 'd  of 
any  abuse  that  has  been  made  of  the  said  power  ;  that  the  Govr. 
has  always  on  such  occasions  chosen  the  majority  of  Judges  out 
of  the  Council  adding  others  to  them,  tho'  the  petitioner  seems 
to  insinuate  as  if  the  Counciler  Judges  of  the  General  Court  were 
entirely  excluded.  We  beg  leave  farther  to  observe  that  this 
application  does  not  come  from,  and  in  behalf  of  the  people  of 
the  Colony,  who  might  be  most  aggriev'd  by  any  such  power  as 
Mr.  Byrd  wou'd  represent  this  to  be  ;  But  from  those  persons 
who  wou'd  engross  the  privilege  of  being  sole  Judges  in  all 
criminal  causes,  so  that  it  seems  rather  a  claim  of  power  for  them- 
selves to  the  prejudice  of  your  Majesty's  prerogative.  As  there 
may  be  great  inconveniences  in  confining  the  power  entirely  to 
the  Council,  and  as  the  Governor  will  be  answerable  for  any 
abuse  he  might  make  of  such  a  power.  We  humbly  offer  that 
it  may  remain  as  it  is  at  present  by  your  Majts.  Commissn.  [C.O. 
5,  1365.  pp.  52-57.] 

411.  Address  of  the  Lt. -Governor,  Council  and  Assembly 
of  Antigua  to  the  King.     It  is  with  great  concern  that  we  have 
seen  a  paragraph  inserted  in  severall  printed  newspapers  that 
H.  E.  Walter  Hamilton  our  present  Generall  is  superseded  and 
it  is  with  much  greater  astonishment  that  we  are  informed, 
it  is  industriously  reported  to  be  for  disaffection  to  your  Majesties 
Government  etc.     He  has  upon  all  occasions  given  undeniable 
proofs  of  his  zeal  and  loyalty  etc.     Signed,  Edw.  Byam,  Jno. 
Hamilton,  Edward  Warner,  Natha.  Crump,  Jno.  Frye,  Archd. 
Cochran,  John  Gamble,  Ashton  Warner,  Speaker,  Geo.  Thomas, 
John   Lightfoot,    Tho.    Pigott,    John   King,    Wm.    Lavington, 
Jacob  Morgon,  Joshua  Jones,  (?)  Bap.  Looby,  Giles  Watkins, 
Richd.     Cochran,     Humphry    Osborn,    James    Nisbitte,    Isaac 
Horseford,  Tho.  Freeman,  Jno.  Gunthorpe,  James  Weatherill. 
Endorsed,  In  ye  Lieut. -Governor's  letter  of  March  3rd,    17J|. 
1  large  p.     [C.O.  152,  42.     No.  111.] 

412.  Same  to  the  Council  of  Trade  and  Plantations.     Urge 
that  Governor  Hamilton  may  be  continued  in  his  government 
etc.   as  preceding   and    12th  March   q.v.      Signed  as  preceding. 
Endorsed,   Reed.    12th,   Read    18th  June,    1718.     2  pp.     [C.O. 
152,  12.     Nos.  88  ;  and  (duplicate)  89 ;  and  153, 13.    pp.  310-311.] 

413.  Merchants,     Traders,     Planters    and    Inhabitants     of 
Antigua  to  the  Council  of  Trade  and  Plantations.     During  the 
two  years  of  his  administration  Governor  Hamilton  has  demon- 
strated the  utmost  regard  for  the  honour  of  H.M.,  the  ease  of 
his  people,  the  security  of  the  colonys,  and  the  prosperity  of 
trade,  in  which  latter  he  has  in  a  most  particular  manner  dis- 
tinguished himself  by  encouraging  and  making  easy  in  all  respects 
the  honest  and  fair  Adventurer,  and  discountenancing  all  others 
etc.    as    12th   March.     Signed,  Merchants  and  Traders: — Edwd. 
Chester  junr.,  Marmaduke  Bacheler,  Bartho.  Sanderson,  Wm. 
Dunbar,    Christopher    Scandrett,    Jacob    Thibou,    P.    Stoodlie, 


200 


COLONIAL  PAPERS. 


1718. 


March  3. 

Whitehall. 


March  4. 

Whitehall. 


March  5. 

Whitehall. 


Jos.  Adams,  John  Burke,  Fran.  Delap  (?),  John  Boudinot, 
Rich.  Denbow,  Michael  Arnald,  Wm.  Harrox,  Wm.  Hamilton, 
Tho.  Turner,  Jno.  Otto  Bayer,  Bayer  Otto  Bayer,  Hen.  Osborn, 
John  Tomlinison,  Caesar  Rodeney,  Hopefor  Bendall,  Cha.  Hedges. 
Planters  and  Inhabitants: — Sa.  Watkins,  Geo.  Lucas,  John  Eliot, 
James  Gamble,  Samll.  Parry,  John  Haddon,  Th.  Oesterman, 
Geo.  Forest,  W.  Hill,  Edwd.  Chester,  Richard  Oliver,  John 
Bradeson,  Jonas  Langford,  Dan.  Mackinen,  Edward  Morgon,  Jno. 
Booth,  John  Butler,  John  Langelier,  Saml.  Proctor,  John  Hoskins, 
Pat.  West,  Philip  Darby,  John  Gamble  junr.  Endorsed,  Reed. 
12th,  Read  18th  June,  1718.  2J  pp.  [C.O.  152,  12.  Nos.  90  ; 
and  (duplicate,  with  a  few  additional  signatures)  91  ;  and  153,  13. 
pp.  311-313.] 

414.  Mr.  Popple  to  Mr.  Burchett.  Encloses  following. 
Continues  : — The  Council  of  Trade  and  Plantations  have  received 
a  very  particular  and  distinct  account  of  the  illegal  proceedings 
of  the  New  England  men  from  Capt.  Passenger,  and  are  very 
well  pleased  with  his  endeavours  to  prevent  it ;  and  therefore 
they  have  added  the  last  clause  in  these  Instructions,  and  desire 
that  the  Lords  of  the  Admiralty  will  please  to  inforce  it,  as  far 
as  it  is  practicable.  Bequests  that  Capt.  Passenger  may  be  put 
in  mind  of  his  account  of  the  Fishery  for  last  year,  not  yet  received. 
Annexed, 

414.  i.  Heads  of  Enquiry  for  the  Commodore  of  the  New- 
foundland Convoy.  As  usual.  Cf.  C.S.P.  1705,  ATo. 
1032.  i. 

414.  ii.  Additional  Instructions  for  Same.      As  May  9th,  1717, 

with  addition  of  No.  17  : — You  will  observe  by  the  5th 
and  6th  Articles  of  these  Additional  Instructions  the 
irregularities  committed  by  the  New  England  men, 
particularly  their  inticeing  away  great  numbers  of 
seamen,  fishermen  and  others,  especially  after  the 
departure  of  the  convoys,  which  will  more  plainly 
appear  by  Commodore  Passengers  letters  annexed. 
And  therefore  you  are  to  endeavor  as  much  as  possible 
to  oblige  all  the  New  England  ships  to  sail  at  the  same 
time,  that  you  shall  leave  the  land,  and  otherwise  to 
restrain  them  as  much  as  possible  you  can  from  the 
irregularities  complained  of  by  Capt.  Passenger.  [C.O. 
195,  6.  pp.  375-391.] 

415.  Mr.  Popple  to  Governor  Sir  N.  Lawes.     Encloses  copy 
of  Mr.  Wood's  letter  of  20th  Feb.     The  Council  of  Trade  and 
Plantations  desire  that  upon  your  arrival  at  Jamaica  you'll 
make  particular  enquiry  into  this  matter  and  let  their  Lordships 
have  your  thoughts  thereupon  as  soon  as  may  be.     [C.O.  138,  16. 
p.  95.] 

41 6.  Circular  letter  from  the  Council  of  Trade  and  Plantations 
to  the  Governors  on  the  Continent  of  America.     The   Commis- 
sioners of  H.M.  Customs  have  transmitted  to  us  some  complaints 


AMERICA    AND    WEST    INDIES. 


201 


1718. 


March  6. 


March  6. 

Whitehall. 


made  to  them  of  the  badness  of  pitch  and  tar  from  the 
Plantations  particularly  that  the  tar  is  full  of  water  and  the 
pitch  mixt  with  sand,  durt  and  other  matter  to  make  it  weighty, 
and  upon  enquiry,  we  find  that  there  are  several  quantities  of 
those  commodities,  wch.  have  been  found  not  merchantable, 
and  certificates  for  them  have  been  refusd  ;  we  thought  it  neces- 
sary to  send  you  this  notice,  that  you  may  give  the  prope'r  direc- 
tions to  all  persons  concernd  in  pitch  and  tar  in  your  government, 
that  they  take  care  for  the  future,  in  manufacturing  these  com- 
moditys,  and  that  you  may,  if  necessary,  endeavour  to  get  an 
act  pass'd  for  that  purpose.  This  abuse  in  the  manufacture 
will  bring  a  disrepute  upon  American  pitch  and  tar,  and  no 
premiums  will  be  allowd  for  such  as  do  not  come  over  well 
conditiond  and  merchantable.  [C.O.  324,  10.  pp.  195,  196.] 

417.     Lord  Guilford  to  the  Council  of  Trade  and  Plantations. 

Encloses    following.     Signed,    Guilford.     Endorsed,    Reed.    7th, 

Read  10th  March,  lift.     1  p.    Enclosed, 

417.  i.  Governor  Hart  to  Lord  Guilford.  Maryland,  20th 
Oct.,  1717.  Acknowledges  letter  enclosing  that  of  the 
Board  of  Trade  10th  July,  1717,  relating  to  illegal  trade. 
Continues  : — I  immediately  laid  it  before  the  Council, 
and  demanded  if  they  knew  or  had  heard  of  any  trade 
carryed  on  by  the  inhabitants  of  this  Province,  with  the 
French  settlements  in  America.  The  Councill  were 
unanimous  in  saying,  there  was  no  such  trade  they 
knew  of  carryed  on  from  Maryland,  and  I  can  assure 
yr.  Lordship,  I  never  heard  of  any  etc.  However  I 
made  a  further  enquiry  from  the  Collectors,  Navall 
Officers,  and  other  Officers  of  the  Customs  etc.,  who 
answered  that  they  neither  knew,  nor  had  hitherto 
suspected  any  such  trade.  The  Councill  agreed  with 
my  proposal  for  the  issue  of  the  enclosed  Proclamation 
etc.  Signed,  Jo.  Hart.  2  pp. 

417.  ii.  Proclamation  by  the  Governor  of  Maryland  forbidding 

illegal  trade  between  Maryland  and  the  French  Settle- 
ments in  America  in  accordance  with  the  Treaty  of 
Peace  and  Neutrality  etc.  Annapolis,  13th  Sept.,  1717. 
Copy.  2pp.  [C.O.  5,  717.  Nos.  73,  73  i.,  ii.] 

418.  Mr.  Popple  to  Mr.  Cumming[s].     The  Council  of  Trade 
and  Plantations  have  considered  what  you  write,   17th  Sept., 
1717,  in  relation  to  the  wooll  of  New  England,  but  at  present 
have  nothing  to  add  to  Mr.  Attorney  Genls.  opinion  thereupon, 
which  you  have  already  received ;   However  upon  this  occasion 
there  Lordps.  think  it  will  be  of  use  to  have  answers  to  the 
following  questions  according  to  the  best  information  you  are 
able  to  get  (i.)  What  quantity  of  wooll  there  may  be  annually 
produced  in  N.  England  (ii.)  What  quantity  of  it  is  exported, 
unwrought  and  to  what  place,  (iii.)  What  quantity  of  it  is  made 
into  manufactures  in  New  England,  what  sorts  of  manufactures 
they  are,  and  were  consumed.     They  further  desire  that  you 


202 


COLONIAL    PAPERS. 


1718. 


March  6. 

Whitehall. 


March  7. 
Whitehall, 


would  send  them  a  sample  of  the  wooll,  and  also  of  the  different 
species  of  manufactures  that  are  made  up  in  that  country,  with 
the  prices  at  which  they  are  sold,  I  mean  both  the  wool  and  the 
several  manufactures.  They  likewise  desire  you  would  let  them 
have  your  thoughts  whether  it  would  be  worth  while  that  the 
wooll  of  New  England  should  be  brought  to  this  Kingdom,  and 
in  that  case  what  incouragement  would  be  either  proper  or 
necessary  to  promote  the  doing  of  it.  Their  Lordps.  are  well 
pleased  with  the  account  you  have  sent  them  of  foreign  goods 
imported  into  New  England  for  three  years  and  a  half,  but  they 
wish  you  had  specifyed  the  particular  places  from  whence  those 
species  came,  and  therefore  they  desire  you  will  do  it  for  the 
future.  [C.O.  5,  915.  pp.  97,  98.] 

419.  Council  of   Trade  and  Plantations  to  Governor  Shute. 
Acknowledge  letters  of  23rd  July  and  9th  Nov.     Continue  :  — 
You  refer  us  in  your  last  letter  to  Mr.  Blaithwayt's  Office,  for 
an  account  of  the  Revenues  in  your  Governments,  which  we  had 
writ  to  you  for  (4th  Aug.)  ;   We  desire  you  will  take  notice  that 
by  H.M.  Instructions,  you  are  required  to  send  constant  and 
regular  accounts  of  the  Revenue  in  your  Governments  to  us,  as 
well  as  to  the  Auditor,  and  we  shall  expect  them  from  you  for 
the  future.     We  take  notice  that  eight  pirates  have  been  tryed, 
upon  which  we  desire  to  know  by  virtue  of  what  power  those 
tryals  have  been  ;   also  you  will  do  .well  to  send  us  copies  of  the 
tryals  as  has  been  usually  done.      Repeat    Instructions   relating 
to  manufacture  of  pitch  and  tar  (No.  416),  and  for  returns  of 
imports  from   the  Maderas  and  Western  Islands   (No.  408  etc.). 
Continue  :  —  We     send    you      here    inclosed,     the     copy    of    a 
Meml.  lately  laid  before  us,  concerning  the  progress  the  French 
have    made    in    finding     out    and    securing    a    passage    from 
St.  Lawrence  on  Canada  River  to  their  new  settlement,  called 
Louisiana,  and  down  the  River  Mississippi  in  the  Bay  of  Mexico  ; 
Whereupon  we  must  desire  you  to  inform  yourself,  as  particularly 
as  you  can  of  the  facts  therein  mentioned,  and  to  acquaint  us 
therewith  as  soon  as  possible  and  to  give  us  your  sentiments, 
what  methods  may  be  most  proper  to  be  taken  for  preventing 
the  inconveniences  to  which  H.M.  Plantations  on  the  Continent 
of  America,  and  the  Trade  of  this  Kingdom  may  be  subject  by 
such  a  communication  between  the  French  settlements.     [C.O. 
5,  915.    pp  99-102.] 

420.  Mr.  Popple  to  Mr.  Attorney  General.     Encloses  deed 
of  surrender  by  the  Lords  Proprietors  of  the  Bahama  Islands  to 
be  enrolled  in  Chancery  etc.     [C.O.  24,  1.    p.  18.] 


March  7.  421.  Governor  Sir  N.  Lawes  to  Mr.  Popple.  Acknowledges 
Portsmouth,  letter  of  March  4th.  Continues  :  —  My  greatest  objection  against 
that  Law  is,  that  every  body  takes  all  opportunity  to  become 
what  they  call  Ref  ormado  Officers,  and  all  wise  men  who  have 
been  in  any  Office  will  make  that  Law  a  pretence,  as  I  believe, 
they  have  done  to  become  idle,  and  useless  to  the  publick,  because 


AMERICA    AND    WEST    INDIES.  203 

1718. 

they  get  nothing  by  it,  and  thereby  lay  a  great  burthen,  and  much 
trouble,  and  charge  upon  a  few,  besides  makeing  it  very  difficult 
for  a  Governour  to  find  proper  persons  quallified  by  this  Law, 
otherwise  very  loyall  to  serve  the  King  and  Country.  I  hear 
by  report,  that  several  matters  relating  to  the  Government  of 
Jamaica  has  been,  since  I  left  London,  under  the  consideration 
of  his  Ma j tie  in  Council,  and  that  14  Acts  of  the  Assembly  were 
some  of  them  approved,  and  the  rest  rejected  by  the  King.  I 
am  also  told,  that  14  times  £3  2s.  6d.  is  demanded  at  the  Council 
Office,  for  the  fees  of  those  14  Laws,  and  that  Mr.  March  has  a 
list  of  them  given  him  not  to  do  service,  but  to  ruffle  matters, 
keep  up  divisions,  and  rail  at  the  Ministers  ;  as  I  hear  he,  Harris, 
and  others  do  for  rejecting  the  Law  that  provides  for  the  paying 
peoples  passages  and  setting  them  free  at  Jamaica.  I  confess 
I  could  wish  H.M.  pleasure  had  been  known  at  first,  or  that  Law 
had  lain  suspended  during  its  temporary  end,  because  abundance 
of  people  have  imbarked  upon  the  faith  of  that  Law  and  many 
are  now  aboard  several  ships  at  this  time  in  the  Downs  bound  to 
Jamaica,  and  if  they  must  be  sold  for  their  passages  when  they 
come  there,  they  will  be  apt  to  say  they  were  betrayed,  and  no 
body  hereafter  will  depend  upon  any  such  encouragement.  It 
would  be  a  favour  to  me,  to  be  informed  of  my  duty  in  this  case 
what  notice  I  am  to  take  of  those  Laws  passed,  or  rejected,  without 
any  notification  from  the  Secretary  of  State,  or  any  proper  Office, 
or  whether  I  am  obliged  to  pay  those  fees  for  such  Acts  of  State, 
and  Government  as  I  was  not  concerned  in  otherwise  than  a 
planter,  or  private  man.  I  have  been  now  confined  more  than 
three  weeks  to  this  dismall  expensive  place  by  contrary  winds, 
and  God  knows  how  much  longer  I  must  be  so,  but  I  admire  in 
all  this  time  I  have  received  no  Instruction  about  the  pirates  ; 
I  am  confident  they  will  never  be  reduced  by  the  same  powers, 
and  directions  that  have  suffered  them  to  rove  so  long,  but  that 
is  what  I  am  not  answerable  for,  I  wish  no  body  had  cause  to 
complain,  and  that  proper  measures  may  be  taken  to  keep  those 
loose  people  in  subjection,  and  obedience  to  the  Law  when  they 
are  subdued  ;  for  my  part  I  shall  willingly  commit  them  to 
Providence  ;  and  never  desire  to  be  troubled  with  them  in 
Jamaica.  I- beg  you  to  present  my  most  obedient  service  to 
their  Lordships,  and  believe  me,  good  Mr.  Popple,  for  many 
reasons,  and  obligations  I  shall  ever  be,  Sir,  Your  most  humble 
servant  etc.  P.S.  When  you  see  my  friend,  and  brother  Governour 
Rogers,  pray  give  him  my  service,  the  same  to  Mr.  Bampfield. 
Signed,  Nicholas  Lawes.  Addressed.  \\  pp.  [(7.0.  137,  12. 
No.  124  ;  and  (without  concluding  sentences)  138,  16.  pp.  98-102.] 

March  7.  422.  Lt. -Governor  Spotswood  to  the  Council  of  Trade  and 
Virginia.  Plantations.  Abstract.  In  reply  to  letter  of  30th  Aug.  gives  an 
account  of  H.M.  Revenues  and  the  manner  of  auditing  them. 
As  to  quit-rents,  of  2s.  sterl.  reserved  to  the  Crown  upon  every 
100  acres  granted  by  patent,  that  would  yield  nearly  £3,000  a 
year,  but  that  the  Crown  having  so  far  indulged  the  planters  as 
to  accept  tobacco  at  Id.  per  Ib.  in  lieu  of  money,  it  frequently 


204  COLONIAL    PAPERS. 

1718. 

happens,  when  that  commodity  is  low,  that  the  same  tobacco 
paid  to  the  King  at  Ss.  4d.  a  hundred  yields  no  more  than  3s.  or 
or  half  a  crown  ;  and  what  through  the  remissness  of  the  people 
in  paying  their  rents,  and  the  fraud  or  negligence  of  the  officers 
collecting  them,  many  thousands  of  acres  are  held  for  which  no 
quit-rent  at  all  is  paid.  There  is  also  the  21b.  of  tobacco 
per  acre  payable  on  new  grants  of  escheated  lands.  The  actual 
revenue  from  quit-rents  might  be  considerably  improved  "  if 
it  were  possible  to  perswade  people  that  there  is  as  much  justice 
due  to  the  King  in  the  case  of  his  quitt-rents,  as  every  subject 
expects  to  receive  in  his  own  particular  case" :  or  were  it  possible 
for  a  Governor  to  obtain  a  due  execution  of  any  regulations  he 
might  propose  for  obtaining  a  true  rent-roll.  But  after  having 
struggled  for  seven  years  past  to  compass  these  ends,  I  have  only 
learned  that  all  measures  projected  for  the  service  of  the  Crown, 
are  against  the  grain,  and  serve  to  no  other  purpose  than  to  gain 
a  Governor  the  ill  will  of  the  people,  while  those  who  are  bound 
to  assist  him  in  supporting  the  King's  just  rights,  are  more  ready 
to  promote  disobedience  to  his  orders,  for  the  sake  of  popularity, 
than  to  merit  the  favour  of  their  Sovereign,  by  doing  their  duty  : 
Thus  the  people  have  been  taught  by  the  example,  and  doctrine 
of  their  superiors,  not  to  discover  the  true  quantity  of  the  land 
they  hold,  by  showing  their  patents  or  deeds  to  the  officer  collecting 
their  rents  :  and  notwithstanding  the  Act  etc.  which  makes  three 
years  non-payment  of  quitt-rents  a  forfeiture  of  the  land,  the 
governing  party  of  the  Council,  who  are  the  judges  of  the  General 
Court,  and  the  last  resort  in  all  cases  under  £300  value,  after  having 
by  their  emissarys  in  Assembly  tryed,  in  vain,  to  repeal  that  act, 
have  declared  their  opinion  to  be  that  it  shal  effect  no  lands 
except  such  as  have  been  granted  since  the  passing  thereof  : 
whereby  that  act  is  rendered  useless,  which  was  solely  designed  to 
oblige  the  people  to  give  up  a  just  account  of  the  lands  they  hold, 
without  any  intention  of  divesting  the  subject  of  his  freehold 
for  an  inconsiderable  penalty  (as  has  been  falsely  suggested), 
seeing  the  Governor  has  it  in  his  power  to  grant  the  land  de  novo 
to  the  person  forfeiting  the  same.  And  so  far  are  these  Gentle- 
men from  favouring  the  recovery  of  the  King's  rents,  that  in 
their  directions  (last  November)  to  the  Sherifs  for  collecting  the 
arrears  of  quitt-rents,  instead  of  ordering  distress  to  be  made, 
as  every  landlord  has  power  to  do,  for  his  rent,  the  Sherifs  were 
only  enjoined  to  make  a  demand,  and  in  case  the  tenant  refused 
to  pay  to  return  upon  the  rent-roll  the  reason  given  for  that 
refusal."  Enumerates  methods  of  improving  the  revenue  without 
making  a  new  law,  e.g.,  by  compelling  the  payment  of  quit-rents 
made  in  tobacco  at  certain  fixed  stations .  But  the  present  Council 
would  prevent  any  such  improvement.  Another  improvement 
would  be  to  entrust  the  collection  to  permanent  officers,  instead 
of  to  the  annual  Sheriffs  as  at  present,  who  act  by  deputies  often 
of  small  means  and  indifferent  characters.  This  method,  however, 
is  disliked  on  two  very  extraordinary  grounds,  (i.)  because  it 
would  introduce  a  greater  exactness  than  is  consistent  with  the 
popular  notions  of  liberty,  (ii.)  because  it  would  creat  too  great  a 


AMERICA    AND    WEST    INDIES.  205 

1718. 

dependence  of  those  officers  on  the  Government,  the  power  of 
which  the  present  sett  of  politicians  here  are  resolved  by  all 
means  to  lessen.  The  not  keeping  regular  accounts  of  arrears 
of  the  quitt-rents  has  also  lessened  the  revenue  ;  during  the  time 
of  the  two  late  officers  of  the  Revenue,  such  account  has  never 
been  demanded  till  this  last  year.  If  the  proposals  made  above 
were  put  in  force,  H.M.  would  rarely  have  less,  and  in  general  a 
great  deal  more  for  his  tobacco,  than  the  penny  per  pound  at 
which  it  is  paid  by  the  people,  and  consequently  would  be  no 
loser  by  the  favour  he  allows  them  of  paying  tobacco  in  lieu  of 
money.  Enumerates  the  other  branches  of  Revenue,  the  2s.  per 
hhd.,  tunage,  and  duty  on  persons  imported,  5s.  per  50  acres 
taken  up  etc.  The  improvement  of  this  revenue  must  depend 
very  little  on  any  means  to  be  taken  there,  but  upon  the  price 
of  tobacco  as  an  inducement  to  planters.  If  H.M.  would  order 
the  present  deficiency  to  be  made  good  out  of  the  quit-rents,  the 
Revenue  would  support  all  the  charges  of  the  Government  here- 
after, unless  some  such  accident  should  again  discourage  planters 
from  making  tobacco,  as  when,  during  the  late  war,  the  price 
fell  so  low.  To  lessen  the  annual  charges  of  the  Revenue,  proposes 
that  no  further  allowance  be  given  to  the  Judges  of  the  Courts 
of  Oyer  and  Terminer.  It  is  to  this  mistaken  generosity  of  the 
Crown,  that  the  Council's  pretensions  of  being  the  sole  Judges 
in  those  Courts  owe  their  birth,  etc.  Requests  that  the  Instruction 
allowing  £100  for  each  Court  be  altered.  Refers  to  enclosures.' 
Describes  the  reforms  he  has  introduced  in  the  method  of  keeping 
and  auditing  the  accounts.  The  new  regulations  he  has  made 
with  regard  to  the  sale  and  accounts  of  Treasury  rights  (described), 
are  shown  to  be  necessary,  since,  upon  calling  in  the  old  Treasury 
rights,  some  hundreds  have  been  returned,  more  than  have  been 
accounted  for  by  the  Receivers-General.  My  Byrd  and  his 
father  are  the  people  concerned.  Concludes  : — "  Tho'  this  method 
of  keeping  and  auditing  the  accots.  in  books,  be  new,  and  occasions 
some  more  trouble  to  the  Officers,  I  hope  it  will  not  be  disapproved 
by  yor.  Lordps.,  since  it  makes  these  officers  a  greater  check  on  one 
another,  than  they  could  possibly  have  been  while  one  examined 
all  the  receipts,  and  the  other  swore  to  the  truth  thereof  without 
being  privy  to  such  examination.  P.S.  April  26th.  Having 
writt  thus  far  of  my  former  date  expecting  to  have  been  furnished 
from  the  Receiver-Genii's,  books  with  the  state  of  the  sevll. 
branches  of  H.M.  Revenues  for  three  years  past  in  order  to  a 
medium  computation  of  the  income,  I  found  there  were  no 
distinct  accompts  entered  there,  till  Oct.  1716  (after  the  late 
Auditor's  suspension)  so  that  I  was  obliged  to  stop  this  letter 
till  now,  that  I  might  at  least  send  your  Lordps.  the  state  thereof 
for  two  years,  wch.  ends  the  25th  instant.  As  the  first  of  these 
years  proved  a  short  crop,  and  the  last  a  pretty  good  one,  your 
Lordps.  may  from  hence  forme  a  judgment  of  what  that  Revenue 
may  bring  in,  taking  one  year  with  another."  Set  out,  Spotswood 
Papers  II.,  265.  Signed,  A.  Spotswood.  Endorsed,  Reed.  8th 
July,  Read  6th  Aug.,  1718.  9  pp.  Enclosed, 

422.  i.  (a)  Annual  produce  of  the  Quitt  Rents  in  Virginia, 


206  COLONIAL    PAPERS. 

1718. 

exclusive  of  the  Northern  Neck  quitt  rents,  1704-1717. 
1704.  2,238,143acres  =£1,841  Is.  6fd.  1717.  2,216,881 
acres  =£2,240  16s.  7jd. 

(b)  Compositions  for  escheat  land,     17 16  =£14  15s.  Id.  ; 
1"717=£8  18s.  9jd. 

(c)  Established  sallarys  paid  out  of  the  Quitt  Rents  : — 
Bishop    of    London's    Commissary,    £100  ;     Attorney- 
General,  additional  sallary,  £60  ;   Coll.  Blakiston,  Agent 
for  Virginia,  additional  sallary,  £200  ;  Henry  Rainsford, 
an    annuity    for    31    years,    £500.  =£860."  The    whole 
endorsed  as  covering  letter.    2  pp. 

422.  ii.  (a)  Annual  produce  of  H.M.  Revenue  for  the  support 
of  the  Government  of  Virginia  for  two  years  ending  25th 
April,  1718.  .(L)  April,  1716-1717.  2s.  per  hhd., 
£2,258  14s.  ;  15d.  per  tun  on  ships  trading  here, 
£1,051  18s.  l\d.  ;  6d.  pr.  poll  on  persons  imported, 
£15  6s.  Gd.  '  (ii.)  April,  1717-1718.  £3,403; 

£1,552  14s.  2d.  ;  £38  6s.  Total,  after  allowing  10  p.c. 
on  the  2s.  p.  hhd.  to  the  masters  of  ships,  and  10  p.c. 
on  the  whole  duties  to  the  Collectors,  and  5  p.c.  to  the 
Auditor  and  Receiver-General  on  the  sum  paid  them 
by  the  Collectors,  (£2,038  18s.  9d.),  £6,281  Os.  Ojd. 

(b)  Rights  for  land  for  the  same  time,  £228   11s.  l\d.  ; 
fines  and  forfeitures,  £26  13s.  Sd. 

(c)  Established    sallarys    paid    out    of    preceding.     The 
Governor,    £2,000    per    annum  ;     The    Council,    £350  ; 
Auditor- General  of  the  Plantations,   £100  ;    Agent  of 
Virginia,    £100  ;     Attorney -Genii.,    £40  ;     Clerk   of   the 
Council  (sallary  and  office  books  etc.),  £100  ;   Armourer, 
£12  ;    Gunner  at  James  City,  £10  ;   Ministers  attending 
the  Genii.  Courts,  £10.     Casual  Payments  :   The  Courts 
of  Oyer  and  Terminer,   held  twice  in  a  year,   £200  ; 
Ministers    who    preach    before    the    Genii.    Assembly 
when   call'd,    £5  ;      Contingent   charges   for   expresses 
about  Indians,  transport  of  stores   etc.,   £100.     Total, 
£3,027.      The    whole    endorsed    as    preceding.      2    pp. 
[C.O.  5,  1318.     Nos.  47,  47  i.,  ii.  :  and  (without  enclosures) 
5,  1365.     pp.  64-81.] 

March  8.  423.  Committee  of  the  Assembly  of  Carolina  to  Mr.  Boone. 
Carolina.  We  being  by  the  House  of  Commons  appointed  a  Committee 
to  write  to  you,  and  enclose  an  Address  to  H.M.  for  relieving  this 
poor  Colony  which  at  present  seems  to  be  in  more  danger  by 
reason  of  our  enemy  Indians,  than  it  has  been  this  war.  We  are 
to  acquaint  you  the  reasons  of  our  belief  which  are  (i.)  Some  months 
before  Christmas  last  we  send  Colo.  Hastens,  Cap.  Musgrove 
and  8  persons  more  up  to  the  Southern  Indians  then  at  war  with 
us  with  proposals  of  peace,  after  some  time  Musgrove  came  down 
and  brought  a  few  of  the  Creek  Indians  to  make  peace  with  us, 
in  the  mean  time  Hastens  and  three  or  four  white  men  besides 
women  and  children  was  left  amongst  the  enemy  Indians  as  a 
pledge  of  the  safe  return  of  their  people,  and  when  Musgrove  left 


AMERICA   AND    WEST    INDIES.  207 

1718. 

Hastens,  he  engaged  if  alive  to  write  to  ye  Savana  Town  by 
Christmas,  but  to  this  day  no  news  from  him .  (ii. )  We  have  advice 
pr.  Capt.  Watson  that  came  lately  from  Augustine  and  by  another 
vessel,  that  the  enemy  Indians  brought  the  Spaniards  word, 
they  had  killed  Hastens  and  nine  white  people  more,  (iii.)  A 
white  man  that  came  from  Lavre  de  Cruiz  gives  us  account  that 
several  of  our  enemy  Indians  have  been  there  and  convey'd 
from  thence  to  the  Vice-Roy  of  Mexico  in  order  no  doubt  to 
shew  them  their  grandeur,  that  theyx  may  dispise  us,  they  have 
also  been  carry'd  to  the  Havana,  doubtless  on  the  same  account, 
at  both  places  treated  at  a  very  high  rate,  (iv.)  We  have  had  no 
late  news  either  from  the  Cherachees  or  Cuttabas  which  have 
entred  into  articles  of  Peace  with  this  Governmt.  which  induceth 
us  to  believe,  that  the  whole  body  of  Indians  all  round  us  are 
plotted  against  us  encouraged  by  the  French  and  Spaniards 
which  we  have  good  reason  to  believe,  having  affidavits  of  several 
persons  that  have  been  amongst  our  enemy  Indians  and  had 
account  what  encouragemt.  the  French  and  Spaniards  gave  them 
still  to -continue  the  war.  We  refer  you  to  those  affidavits  sent 
to  the  Lords  Proprietors  by  the  late  Governor  Daniel  and  Council 
etc.  (v.)  Several  servants  of  the  rebells  are  run  from  their 
masters  to  Augustine  and  notwithstanding  this  Goternmt.  has 
made  a  demand  of  them,  the  Governmt.  of  Augustine  detains 
them  alledging  they  are  turned  Christians,  and  cannot  deliver 
them,  without  the  King's  order,  they  likewise  receive  all  our 
slaves  they  can  get  on  any  account,  and  refuse  to  deliver  them 
tho'  demanded  by  this  Government.  We  need  not  acquaint  the 
Government  at  home,  how  the  French  increase  at  Moble,  and 
now  have  built  garrisons  amongst  our  Creek  Indians,  by  what  is 
now  writ  in  haste  you  and  all  impartial  men  may  judge  of  our 
circumstance  which  we  assure  you  most  people  here  take  to  be 
worse  than  ever  and  we  are  well  assured  as  soon  as  the  Governor 
of  Providence  arrives  to  his  Governmt.  many  people  will  leave 
this  Governmt.  and  go  there  for  Peace,  and  the  saving  of  taxes, 
for  this  handfull  of  people  in  this  Governmt.  is  to  pay  in  two  days 
time  £47,000,  for  our  keeping  so  many  garrisons  on  our  frontiers 
will  certainly  ruin  us  if  not  quickly  relieved.  We  are  well  assured 
if  our  Gracious  Sovereign  had  a  true  information  what  a  miserable 
condition  his  poor  subjects  are  in  in  this  Governmt.  he  would 
relieve  us  immediately.  We  doubt  not  of  your  prudent  manage- 
ment of  this  affair,  etc.  Signed,  pr.  order  of  the  Assembly,  Ja. 
Cockran,  Jonth.  Drake.  Endorsed,  Reed.,  Read  6th  May,  1718. 
HPP-  [C.O.  5,  1265.  No.  99.] 

March  10.  424.  Mr.  Popple  to  Mr.  Attorney  General.  Encloses-  copies 
Whitehall,  of  the  Memorial  of  the  Lords  Proprietors  of  Carolina  (v.  9th  Feb.), 
and  of  a  lease  and  release  from  them  to  Sir  R.  Montgomery  (v.  18th 
and  19th  June,  1717)  and  the  Charter  of  Carolina,  "  which  you  will 
find  in  ye  inclosed  book,  which  book  and  papers,  I  am  to  desire 
you  will  return  me  with  your  opinion  if  there  be  anything  con- 
tained in  the  said  lease  or  release,  that  may  be  prejudicial  to 
the  right  of  the  Crown."  [C.O.  5,  1293.  p.  138.] 


208  COLONIAL    PAPERS. 


1718. 

March  10.  425.  Extract  of  letter  from  Mr.  Burchal  to  Mr.  Cunyngham. 
St.Christopher'sThe  General  went  as  far  as  Crab  Island  and  gave  Capt.  Howel  a 
Commission  to  be  Captain  Commandant  to  protect  the  new 
Settlement,  which  is  since  broke  up  by  the  Spaniards  and  many 
of  our  people  knocked  on  the  head.  We  have  not  an  exact  no. 
the  survivors  are  made  prisoners.  Endorsed,  Reed.  20th,  Read 
23rd  May,  1718.  \  p.  [C.O.  152,  12.  No.  84  ;  and  153,  13. 
p.  295.] 

March  10.       426.     Council   of  Trade   and  Plantations  to    Mr.   Secretary 
Whitehall.    Addison.     Enclose  for  his  information  copy  of  letter  from  Col. 
Hey  wood,  21st  Dec.,   1717,  relating  to  the  increase  of  pirates. 
Autograph  signatures.     1  p.     Enclosed, 

426.  i.  Copy  of  No.   271.     [C.O.    137,   46.     Nos.  30,  34;  and 
(without  enclosure)  138,  16.    p.  97.] 

March  10.       427.     Mr.  Popple  to  Mr.  Burchett.     Encloses  copy  of  letter 
Whitehall.     from  Mr.  Heywood  (v.  preceding).     [C.O.  138,  16.    p.  98.] 

[March  11.]  428.  Mr.  Dummer  to  the  Council  of  Trade  and  Plantations. 
I  have  by  the  last  ships  from  New  England  receiv'd  a  complaint 
from  the  Lieut.  Governour,  the  Council  and  Representatives  of 
New  Hampshire  that  Mr.  Bridger  at  his  arrival  there  has  strictly 
forbid  all  persons  whatsoever  to  go  into  the  woods,  and  to  cut 
any  sort  of  timber  tho  it  neither  is,  nor  can  be  fit  for  H.M.  service. 
Whereupon  the  Assembly  have  desir'd  me  humbly  to  represent 
the  matter  to  your  Lordpps.  as  a  great  grievance  and  damage  to 
all  H.M.  good  subjects  in  that  Province,  and  pray  that  your 
Lordpps.  will  be  pleas'd  to  redress  the  same.  Signed,  Jer. 
Dummer.  Endorsed,  Reed.  Read  llth  March,  17]  £.  Subscribed, 
Jer.  Dummer,  Agent  for  N.  Hampshire,  appointed  by  Act 
of  Assembly.  I  p.  [C.O.  5,  866.  No.  142  ;  and  5,  915.  p.  104.] 

March  11.  429.  Mr.  Popple  to  Mr.  Bridger.  Reply  to  30th  Dec.,  1717. 
Whitehall.  The  Council  of  Trade  and  Plantations  are  very  sorry  for  the 
destruction  which  you  mention  to  have  been  made  in  some 
parts  of  H.M.  woods,  but  hope  those  abuses  may  be  prevented 
for  the  future  by  your  care  and  vigilance  in  the  discharge  of  your 
duty,  wch.  will  always  recommend  you  to  the  favour  of  the 
Board.  In  relation  to  the  Deputies  you  have  appointed  and  the 
allowance  you  desired  for  them.  I  am  to  observe  to  you  that 
you  cannot  but  remember  the  difficulties  which  the  settlement  of 
a  salary  for  yourself  met  with  ;  and  therefore  may  judge  how 
little  likelihood  there  is  of  obtaining  any  such  allowance  for  these 
Deptys.  at  present  :  When  the  survey  you  are  upon  is  perfected, 
and  it  may  fully  appear  what  service  the  said  Deputies  have  done, 
they  may  hope  for  rewards  suitable  to  their  services  and  expect 
the  proper  recommendations  from  this  Board  in  their  behalf. 
As  soon  as  their  Lordps.  have  notice  from  the  Governor  of  New 
Hampshire  of  the  vacancies  you  say  there  are  in  the  Council, 
their  Lordps.  have  agreed  to  recommend  you  for  supplying  one 
of  those  vacancies.  [C.O.  5,  915.  pp.  102,  103.] 


AMERICA    AND    WEST    INDIES. 


209 


March  11 

Whitehall. 


March  12. 

Whitehall. 


1718. 

March  11.       430.     Mr.  Popple  to  Mr.  Burchett.      Encloses  extract  from 
Whitehall.     Governor  Hamilton's  letter,  6th  Jan.,  as  to  need  of  a  larger  man 
of  war  etc.,  to  be  laid  before  the  Lords  Commrs.  of  the  Admiralty. 
[C.O.  153,  13.     p.  250.] 

431.  Council   of  Trade   and   Plantations   to   Mr.    Secretary 
Addison.     Enclose  above  extract  to  be  laid  before  H.M.     [C.O. 
153,  13.     p.  251.] 

432.  Same  to  Same.     Refer  to  letter  of  Sept.  26, 1 7 1 7,  represen- 
ting that  in  the  grants  of  land  petitioned  for  by  Sir  A.  Cairnes  etc. 
the  fishing  on  the  seas  within  the  district  to  be  granted  should  be 
left  free  to  all  H.M.  subjects.    Continue : — We  are  further  confirmed 
in  the  necessity  of  such  a  condition  because  we  have  good  reason  to 
believe  the  seas  on  those  coasts  is  more  profitable  for  fishing  than 
in  any  other  parts  of  H.M.  American  Dominions  :    But  least  a 
pretence  should  be  taken  to  restrain  this  liberty  barely  to  ye 
fishing  on  the  seas,  without  allowing  ye  fishermen  liberty  of  curing 
their  fish  along  the  coast,  we  think  it  proper  to  observe  that  if 
H.M.  shall  think  fit  to  grant  the  land  pray'd  for,  it  will  be  necessary 
there  be  a  clause  in  the  patent  allowing  to  all  H.M.  subjects  the 
liberty  of  building  stages  and  curing  fish  on  the  coast  without 
being  liable  to  any  impositions  upon  that  account.     Propose 
that  orders  be  given  to  H.M.  Attorney  or  Solicitor-General  to 
attend  the  Board  to  receive  such  directions  as  may  be  thought 
necessary  before  they  prepare  a  bill  for  this  grant  etc.     [C.O. 
218,  1.     pp.  340,  341.] 

[March  12.]  433.  Copy  of  General  Nicholson's  Commission  and  Instruc- 
tions for  the  reduction  of  Port  Royal,  18th  March,  1710. 
Endorsed,  Reed.,  Read  12th  March,  17}f  2J  pp.  [C.O.  217,2. 
Nos.  40-42.] 

[March  12.]  434.  Copy  of  pass  from  M.  Subercase  to  Major  Richard 
Mullins  and  Charles  Brown  etc.  23rd  Oct.,  1710.  q.v.  Endorsed, 
Reed.,  Read  12th  March,  17^J.  French.  I  p.  [C.O.  217,  2. 
No.  43.] 

March  12.  435.  Mr.  Attorney  General  to  the  Council  of  Trade  and 
Plantations.  I  have  no  objection  to  the  Act  of  Antigua  for 
encouraging  the  importation  of  white  servants  (v.  10th  Feb.)  Signed, 
Edw.  Northey.  Endorsed,  Reed.  3rd  April,  Read  2nd  May,  1718. 
\p.  [C.O.  152,  12.  No.  79  ;  and  153,  13.  p.  286.] 

March  12.  436.  Same  to  Same.  Report  upon  Act  of  New  York,  1710, 
for  the  better  settlement  and  assuring  of  lands  etc.  Provisions 
quoted.  Concludes  : — It  seems  pritty  extraordinary  that  the 
Govr.  of  New  York  should  now  propose  the  repealing  of  that 
bill  which  pass't  in  1710  and  in  1713  many  titles  of  the  possessors 
were  establish 't  thereby,  and  who  may  have  sold  to  purchasers 
under  the  security  of  that  Act,  by  the  repealing  of  which  they 
may  now  want  the  titles  upon  which  they  purchased.  On  which 

Wt.  441.  C.P.  14. 


210  COLONIAL  PAPERS. 

1718. 

I  cannot  but  observe  the  great  inconveniencys  which  may  happen 
by  suffering  the  Plantation  Laws  to  remain  so  long  not  confirmed 
or  repealed,  and  therefore  it  will  be  difficult  to  repeal  this  law 
now,  whereby  so  great  a  prejudice  may  ensue  to  such  purchasers, 
unless  some  provision  be  first  made  for  them.  As  to  the  Bill  I 
think  it  is  improper  to  put  H.M.  and  his  subjects  in  the  same 
condition  as  to  their  being  barred  by  possession,  but  if  H.M. 
for  the  quiet  of  the  publick  be  content  with  the  same,  I  have  no 
objection  to  that  part  of  the  Bill.  And  as  to  the  making  copys 
of  deeds  registred  to  be  as  good  evidence,  as  the  originals,  it  is 
no  more  than  what  is  in  England,  in  case  of  bargains  and  sales 
enrolled,  and  I  have  no  objection  agt.  any  other  parts  of  the 
said  bill.  Signed,  Edw.  Northey.  Endorsed,  Reed.  3rd,  Read 
9th  April,  1718.  3  pp.  [C.O.  5,  1051.  No.  64  ;  and  5,  1124. 
pp.  16-19.] 

March  12.  437.  Same  to  Same.  I  have  no  objection  to  either  of  the 
Acts  of  Jamaica  (v.  Jan.  8th,  1718).  Signed,  Edw.  Northey. 
Endorsed,  Reed.  3rd  April,  Read  21st  May,  1718.  \  p.  [C.O. 
137,  13.  No.  1  ;  and  138,  16.  p.  112.] 


March  12.  438.  Council  and  Assembly  of  Nevis  to  the  Council  of  Trade 
Nevis.  and  Plantations.  We  have  been  greatly  surprised  to  hear  of  a 
paragraph  inserted  in  some  newspapers  importing,  that  his 
Majestie  had  been  pleased  to  appoint  Col.  Purcell  to  be  Chief 
Governour  of  the  Leeward  Islands,  in  the  room  of  Walter  Hamil- 
ton Esq.,  and  we  are  informed,  that  it  has  been  industriously 
spread  abroad,  that  it  was  for  disaffection  to  H.M.  Government, 
etc.  Represent  the  falsity  of  this  charge  and  their  own  apprehen- 
sion at  his  recall.  They  have  enjoyed  much  happiness  and  tran- 
quility  under  his  administration,  and  recall  his  brave  and  free 
hazarding  his  life  in  defence  of  the  Protestant  cause,  at  the  time 
of  the  Revolution  etc.  Testify  to  his  loyalty  etc.  His  conduct 
has  been  prudent,  mild,  impartial  and  just  etc.  His  whole 
administration  has  been  universally  pleasing  to  all  unbiased, 
unprejudiced,  and  honest  men  etc.  Pray  their  Lordships  to  support 
and  continue  him  in  the  Government.  Signed,  Richd.  Abbott, 
John  Pinney,  Jas.  Bevon,  Aza.  Pinney,  John  Richardson, 
Robrt.  Eleis,  Michll.  Smith,  Jno.  Choppin,  Rog.  Pemberton, 
Speaker,  Saml.  Gardner,  Ja.  Symonds,  Rich.  Brodbelt,  Joseph 
Herbert,  John  Smith,  John  Woodley,  Thos.  Wallwin  junr., 
Jeremiah  Browne,  Geo.  Meriwether.  Endorsed,  Reed.  Read  10th 
June,  1718.  2  pp.  [C.O.  152,  12.  No.  85  ;  and  153,  13.  pp. 
296,  297.] 

March  12.  439.  Address  of  the  President  and  Council,  and  Assembly  of 
Nevis  to  the  King.  In  favour  of  Governor  Walter  Hamilton 
as  March  3rd.  Signed,  Richd.  Abbott,  Jas.  Bevon,  Aza.  Pinney, 
Robt.  Eleis,  John  Richardson,  Mich.  Smith,  Jno.  Choppin, 
John  Pinney,  Roger  Pemberton,  Speaker,  Ja.  Symonds,  Richd. 
Brodbelt,  John  Smith,  John  Woodley,  Joseph  Herbert,  Samll. 


AMERICA  AND  WEST  INDIES.  211 

1718. 

Gardner,  Geo.  Meri wether,  Jeremiah  Browne,  Carew  Brodbelt, 
Thos.  Wallwin  junr.     1  large  p.     [(7.0.  152,  42.     No.  112.] 

March  12.       440.     Mr.  Burchett  to  Mr.  Popple.     The  Heads  of  Enquiry  etc. 
Admty.  Office.  (^  3r(j  March)  are  sent'  to  Capt.  Scott-etc.     The  last  article  of  the 

Instructions  is  particularly  recommended  to  him.     When  Capt. 

Passenger  returns,  he  will  doubtless  send  to  the  Lords  Comnrs. 

for  Trade  an  account  of  the  Fishery  at  Newfoundland.     Signed, 

J.  Burchett.      Endorsed,  Reed.   12th,  Read  13th  March,   17}J. 

Addressed.     1  p.      [(7.0.  194;  6.       No.  43  ;  and  195,  6.    p.  392.] 

March  15.  441 .  Governor  Hamilton  to  the  Council  of  Trade  and  Plan- 
St.Christophers.tations.  Having  been  lately  advised  by  my  friends  in  England 
that  a  petition  and  complaint  has  been  exhibited  against  me 
before  your  Lordships  by  one  Christopher  Stoddart  representing 
some  hardships  by  me  done  to  the  petitioner  in  granting  a  planta- 
tion whereof  he  was  possessed  in  the  French  part  of  the  Island  of 
St.  Christophers  to  Mr.  MiUiken  and  that  I  had  caused  him  and 
his  family  to  be  turned  violently  out  of  his  possession  and  exposed 
to  great  want  I  thought  it  my  duty  by  the  earliest  oppertunity 
I  could  to  lay  before  your  Lordships  a  true  account  and  state  of 
the  matter  etc.  The  rule  which  I  have  set  to  myself  etc.  in  dis- 
charging the  trust  reposed  in  me  by  H.M.  of  disposing  of  the 
lands  in  the  late  French  part  of  that  Island  till  H.M.  final  pleasure 
was  known  therein  has  been  to  grant  the  same  to  such  people  as 
were  best  able  to  advance  H.M.  Revenue  by  making  powerfull 
and  effectual  settlements  thereon,  and  had  by  their  services 
during  the  last  war  deserved  best  of  their  King  and  Country,  not 
without  a  due  regard  (I  think)  to  the  poorer  sort  whom  I  never 
denied  such  tracts  of  land  as  they  were  able  to  manure  in  places 
most  convenient  for  them,  which  I  have  always  thought  to  be 
those  nearest  the  sea  ;  where  being  seated  they  are  best  able  to 
contribute  most  to  the  strength  and  safety  of  the  Island  as  also 
with  more  ease  to  succour  and  maintain  their  families  by  the 
conveniency  of  fishing  if  they  are  minded  and  I  never  receiv'dany 
consideration  or  made  any  advantage  to  myself  from  any  persons 
thereby  etc.  This  plantation  which  I  have  granted  to  Mr. 
Milliken  contains  about  200  acres  of  land  and  was  in  1711  by 
General  Douglass  granted  to  one  Thomas  Mitchell  formerly  a 
Commander  of  one  of  H.M.  ships  of  war  and  by  him  possessed 
till  his  death  in  1714.  Captain  Mitchell  some  little  time  before 
his  death  entered  into  an  agreement  with  this  Stoddart  to  plant 
the  same  in  partnership  with  him  as  your  Lordships  will  find 
by  the  agreement  (copy  enclosed)  intended  between  them  tho' 
never  executed,  by  which  agreement  your  Lordships  will  observe 
how  little  Mr.  Stoddart  was  able  to  settle  such  a  Plantation,  the 
whole  number  of  negroes  furnished  by  both  of  them  being  but 
twenty  and  his  part  but  ten.  Capt.  Mitchell  dying  some  time  in 
1714,  Stoddart  remained  in  possession  of  the  said  plantation  till 
I  arrived,  but  without  any  grant  from  Governour  Smith  who 
commanded  in  chief  when  Mitchell  died,  or  from  Lt. -General 
Mathew  who  succeeded  him,  tho  I  am  informed  he  applied  to 


212  COLONIAL  PAPERS. 

1718. 


both  of  them  for  a  grant  and  they  both  denied  him.  The  said 
plantation  being  undisposed  of  when  I  arrived  I  thought  I  might 
grant  the  same  to  anybody  without  doing  any  injustice  to  Mr. 
Stoddart  who  had  not  any  pretence  of  title  to  it  nor  had  he  at 
that  time  made  anything  of  a  settlement  or  much  improvement 
of  his  own  thereon -having  not  been  concern'd  with  Capt.  Mitchell 
in  improving  the  same  above  a  year,  and  therefore  I  did  upon  the 
application  of  Major  James  Milliken  grant  the  same  unto  him, 
but  withall  gave  particular  directions  to  him  that  he  should  suffer 
Mr.  Stoddart  to  reap  the  benefitt  of  his  crop  then  in  the  ground 
and  of  whatever  improvements  he  had  made  which  Mr.  Stoddart 
has  done  to  the  full.  If  he  has  suggested  in  his  petition  that  I 
by  any  arbitrary  power  of  my  own  caused  him  to  be  turned  out 
of  his  possession,  he  has  suggested  to  your  Lordships  what  is  not 
true  ;  for  after  I  had  given  Major  Milliken  a  grant  for  the  said 
plantation  I  concerned  myself  no  further  in  it  but  left  Major 
Milliken  (Mr.  Stoddart  forcibly  continuing  his  possession  not- 
withstanding my  grant)  to  pursue  his  legal  remedy  ;  who  there- 
upon brought  an  ejectment  against  him  in  the  Courts  of  Common 
Law  here  and  recovered  not  the  possession  thereof  till  August  last. 
Refers  to  enclosure.  Continues  : — What  improvements  Mr.  Stod- 
dart has  made  upon  this  plantation  which  is  but  very  small  he 
never  having  manured  above  30  acres  in  the  whole  (but  that  in 
the  heart  of  the  Plantation  and  the  best  part  of  the  land,  and 
without  which  Major  Milliken  can't  carry  on  his  settlement 
without  great  prejudice)  he  has  made  chiefly  since  my  grant  ; 
and  therefore  I  would  submit  it  to  your  Lordships  whether  a 
man  thus  obstinately  settling  without  any  manner  of  title  and  in 
open  opposition  to  the  power  given  by  H.M.  to  his  Chief 
Governours  here,  has  any  colour  to  complain  of  any  hardship 
done  him,  if  he  wrere  to  loose  the  benefitt  of  it  and  receive  no 
further  than  what  the  Law  allows  him,  but  nevertheless  I  do 
assure  your  Lordships  that  Major  Milliken  has  not  taken  that 
advantage  but  has  upon  my  request  been  so  very  tender  to  him 
as  to  let  him  receive  the  produce  of  whatever  canes  he  has  planted 
even  since  my  grant  to  him,  and  that  Mr.  Stoddart's  wife  is  at 
this  time  by  his  leave  grinding  of  the  canes  for  her  own  use,  which 
her  husband  planted  long  after  my  grant  tho  he  has  withstood 
him  as  long  as  he  could  and  put  him  to  the  trouble  and  expence 
of  a  lawsuit  etc.  Had  Mr.  Stoddard  applied  to  me  to  grant  him 
this  plantation  (which  he  did  not)  I  think  I  could  not  in  reason 
have  refused  it  to  Mr.  Milliken.  Mr.  Stoddart  in  the  first  place 
has  done  nothing  to  deserve  it  but  on  the  contrary  during  the 
late  war  when  he  had  the  command  of  a  Militia  company  and  the 
Island  was  invaded  by  the  enemy,  he  shamefully  deserted  his 
command  and  flew  to  the  mountains,  and  there  remained  till  the 
enemy  was  gone  on  the  other  hand  Major  Milliken  has  always 
during  my  knowledge  of  him  behaved  himself  very  well  upon  every 
command  and  did  voluntarily  upon  the  breaking  out  of  the  late 
war  in  1702  leave  his  family  and  habitation  in  Nevis  to  come 
down  and  assist  in  the  taking  of  the  French  part  of  St.  Christophers. 
And  besides  Mr,  Stoddart  is  a  man  of  but  mean  circumstances 


AMERICA  AND  WEST  INDIES.  213 

1718. 

and  not  able  to  settle  such  a  plantation  as  this,  having  but  10 
negroes  to  bring  upon  it  etc.,  whereas  Major  Milliken  is  able  to 
settle  it  effectually  and  has  brought  on  above  74  negroes,  and 
will  thereby  bring  more  advantage  to  H.M.   Revenue  besides 
adding  more  strength  to  the  Island  by  the  number  of  his  white 
servants,  and  has  not  any  other  plantation  in  these  Islands  etc. 
If  Mr.  Stoddart  had  applied  to  me  for  any  vacant  peice  of  land  in 
a  proper  part  of  the  Island  that  was  suitable  to  his  condition  I 
should  not  have  denied  him,  having  always  done  whatever  in 
me  lay  to  encourage  the  poorer  sort  to  settle,  knowing  how  much 
they  contribute  to  the  strength  of  an  Island,  but  this  I  thought 
was  a  plantation  too  large  for  him  to  expect  or  me  to  grant  him 
etc.     If  there  be  any  other  charges  in  this  petition  not  answered 
herein,  prays  for  a  copy  of  it,  etc.   Signed,  W.  Hamilton.   Endorsed, 
Reed.  12th,  Read  18th  June,  1718.     3  large  pp.     Enclosed, 
441.  i.  Deposition  of  James  Milliken.     St.  Christophers,  14th 
March,     1718.     By    an    agreement    with    Christopher 
Stoddart,  deponent  received  Jrd  of  the  produce  of  the 
canes  planted  by  him  on  the  plantation  of  200  acres 
granted  to  deponent  8th  May,  1716,  deponent  finding 
negroes   and  horses   to   cut  and  grind  them.     Ttyere- 
after  however  Stoddart  left  for  England  and  his  wife 
refused  to  quit  possession  of  said  plantation,  till  com- 
pelled   by    process    of    law.     Her    obstruction  caused 
deponent  to  lose  20,000  Ib.  of  sugar.     He  has  notwith- 
standing permitted  her  to  cut  and  grind  the  rattoones 
springing  from  the  canes  Stoddart  had  cut  last  year 
etc.     Signed,  James  Milliken.     Copy.     3  pp. 
441.  ii.  Agreement   concluded   between   James   Milliken   and 
Christopher  Stoddard.     St.  Christophers,  Dec.  [?  1716]. 
v.  preceding.     Copy,     f  p. 

441.  iii.  Agreement  concluded  between  Christopher  Stoddart 
and  Capt.  Thomas  Mitchell,  St.  Christophers,  Sept., 
1714.  Deed  of  partnership  for  developing  plantation 
in  Basse  Terre.  Each  partner  is  to  provide  10  negroes, 
3  horses  and  3  cart  cattle  etc.  Copy.  1  p.  [C.O. 

152,  12.     Nos.  86,   86  i.-iii.  ;    and  (without  enclosures) 

153,  13.     pp.  298-305.] 

March  15.  442.  Governor  Hamilton  to  the  Council  of  Trade  and  Planta- 
st.Christophers.tions.  Begins  with  duplicate  of  8th  Feb.  Continues : — I  have 
in  obedience  to  H.M.  commands  and  your  Lordships'  directions 
(4th  Oct.,  1717),  recommended  to  the  Council  and  Assembly  of 
Antigua  to  prepare  a  particular  account  of  all  the  charges  of  the 
Government  etc.  A  Committee  of  both  houses  is  appointed  for 
stating  the  same,  which  is  the  usual  practice  of  these  H.M.  Islands 
for  auditing  all  accounts.  As  soon  as  that  is  finished  I  shall  strive 
to  have  the  same  done  in  the  other  three  Islands  and  then  trans- 
mit them  home  by  first  opertunitys.  I  am  now  to  acquaint  your 
Lordships  that  what  I  always  dreaded  is  come  to  pass,  for  that 
on  the  10  of  February  last  the  Spaniards  with  one  man  of  war 
and  six  sloops  came  to  Crabb  Island,  sent  on  shoar  to  demand  them 


2  u  COLONIAL   PAPERS. 

1718. 

to  surrender  the  Island  to  the  King  of  Spain,  what  answer  Cap- 
tain Ho  well  (whom  I  formerly  mentioned  to  your  Lordships) 
made  I  cannot  inform  you,  he  being  carried  away  by  them,  but 
they  immediately  after  landed,  have  killed  severalls  of  our  men 
and  taken  others  with  their  wives  and  children  with  upwards 
of  50  negroes  and  carried  them  all  to  Porto  Rico,  the  rest  saved 
themselves  by  flight  to  the  Windward  part  of  the  Island  and  were 
taken  off  by  small  sloops  that  accidentally  were  coming  down 
there,  and  were  carried  to  Anguilla  and  Spanish  Town  and  it's 
said  they  design  to  carry  all  they  took  to  Mexico  ;  They  took 
all  the  sloops  they  found  upon  that  coast  as  well  as  they  do 
others  in  the  open  sea.  I  humbly  beg  your  Lordships  to  lay  this 
before  H.M.  that  I  may  have  as  soon  as  possible  H.M.  commands 
and  your  Lordships'  directions  how  to  act  in  this  affair  ;  in  the 
mean  time  I  design  to  make  a  demand  of  them,  as  well  as  of  the 
sloops  and  negroes  by  the  Scarborough  man  of  war  on  the 
Barbados  station,  who  has  orders  from  the  Admiralty  Board  to 
go  down  there  to  make  a  demand  for  a  ship  seized  in  the  time  of 
the  cessation  of  armes,  and  shall  inform  your  Lordships  the 
particulars  from  time  to  time  as  they  occur  to  my  knowledge. 
The  poor  people  of  Anguilla,  Spanish  Town  and  Tortola  are 
still  very  pressing  to  remove  to  the  Island  of  Santa  Crois  or  St. 
Cruis,  but  I  have  desired  them  to  have  patience  till  I  shall  receive 
H.M.  commands,  and  your  Lordships  directions,  which  I  beg 
may  be  soon  for  otherwise  it  will  be  impossible  to  keep  those 
poor  people  together,  indeed  they  are  almost  famished  for  want 
of  food,  for  such  a  long  spell  of  dry  weather  has  not  been  known 
in  the  memory  of  man.  Had  half  the  former  French  land  in 
St.  Christophers  been  given  gratis  to  those  poor  people  I  am  very 
well  satisfied  it  would  have  in  a  few  years  turned  to  a  greater 
advantage  in  raising  the  Revenue  of  the  Crown  than  now  it  will 
by  the  sale,  and  would  have  been  the  strengthning  of  all  the 
Islands,  but  as  they  are  now  dispersed  they  are  so  many  lost,  but 
I  must  submit  all  to  your  Lordships  more  discerning  judgement. 
I  have  so  of  ten  troubled  your  Lordships  with  representing  that  the 
man  of  war  on  this  station  was  of  little  or  no  service  whereupon 
your  Lordships  letter  to  the  Admiralty  Board  the  Tryal  sloop  was 
ordered  for  this  station  to  reinforce  the  Seaford,  which  sloop  did 
not  arrive  from  Jamaica  to  this  Government  till  the  15th  of  last 
month,  and  before  she  stirred  out  of  the  harbour  of  Antigua 
she  received  orders  for  her  returning  forthwith  for  Great  Brittain. 
So  that  we  are  again  as  defenceless  as  before,  should  any  pirates 
infest  this  coast,  which  I  must  also  leave  to  your  Lordships' 
consideration  etc.  Signed,  W.  Hamilton.  Endorsed,  Reed.  12th, 
Read  18th  June,  1718.  3  large  pp.  [C.O.  152,  12.  No.  87  ;  and 
153,  13.  pp.  305-308.] 

March  ||.       443.     Commandant  Vanderheyden  Rezen  to  the  Directors  of 
Essequebe,    the  Dutch  West  India  Company.     Signed,  Pr.  Vanderheyden 
R^zen-     Endorsed,  Read,  28th  April,  (N.S.)  1718.     Dutch.     15J 
pp.    Enclosed, 


AMERICA  AND  WEST  INDIES. 


216 


1718. 


March  j|. 
Essequebe, 

OPNabyUyS 

March  16. 
St.  James's. 


443.  i.  Lists  of  requirements,  inventories  of  slaves  and  goods, 

clearances  of  vessels.  Dutch.  [C.O.  116,  21.  Nos. 
156  jflT.] 

444.  Same  to  Same.     Signed,  Pr.  Van  der  Heyden   Rezen. 
Endorsed,  Read  18th  (N.S.)  July,  1718.     Dutch,  'lit  pp.     [C.O. 
116,  21.     No.  157.] 

445.  Order  of  King  in  Council.     Referring  following  to  the 
Council  of  Trade  and  Plantations  for  their  opinion  thereupon. 
Signed,  Edward  Southwell.     Endorsed,  Reed.,  Read  10th  June, 
1718.     I  p.    Enclosed, 

445.  i.  Petition  of  inhabitants  and  traders  of  New  Jersey  to 
the  King.  Pray  to  be  heard  before  the  Order  in  Council 
confirming  the  Act  of  New  Jersey  allowing  the  affirmation 
of  Quakers  etc.  be  issued,  (v.  Feb.  13).  The  Act  is 
repugnant  to  the  laws  of  this  Realm,  contrary  to  the 
Governor's  Instructions,  and  tends  to  the  great  damage 
of  petitioners.  It  was  sent  up  for  H.M.  approbation  by 
the  Council  of  Trade  without  first  hearing  objections 
to  it  etc.  Set  out,  N.J.  Archives,  1st  Ser.  IV.,  341,  342. 
Signed,  Chris.  Billope,  Saml.  Mulford,  Cha.  Huddy, 
Saml.  Bustill,  Thos.  Clarke,  Peter  Hambly,  J.  Barkstead, 
Charles  Lodwick,  Jo.  Lloyd,  Joseph  Lowe,  Joseph 
Paice,  Moses  Levy.  Copy.  3£  pp. 

445.  ii.  Notes  on  signatories  of  preceding.     Billop,  of  Staten 

Island  ;  Mulford,  of  Long  Island  ;  Huddy,  his  father 
was  of  the  Jerseys,  he  was  Lt.  in  the  Companies  at  N. 
York,  but  lives  here  ;  Tho.  Clarke,  was  here  very 
lately,  a  very  young  lad  ;  Hambly,  a  hatter  who  lives 
here  ;  Lodwick,  a  factor  here  for  some  N.  York  merchts.  ; 
Lloyd,  of  Long  Island  ;  Levy,  a  Jew  here.  1  p.  [C.O. 
5,  971.  Nos.  73,  73  i.,  ii.  ;  and  (without  enclosures) 
5,  995.  p.  439.] 

446.  Mr.  Secretary  Craggs  to  Governor  Sir  Nicholas  Lawes. 
Mr.  Addison  having  humbly  represented  to  the  King,  that  the 
bad  state  of  his  health,  will  not  permit  him  to  attend  the  business 
of  his  Office,  as  Secretary  of  State,  H.M.  has  been  pleased  to 
honour  me  with  the  Seals,   and  has  assigned  to  my  care  the 
affairs  of  the  Southern  Province.     I  take  the  first  opportunity 
of  giving  you  notice  thereof,  that  you  may  for  the  future  address 
to  me,  whatever  shall  occurr  to  you  for  H.M.  service.     I  have 
at  present  only  to  add,  that  I  shall  very  readily  embrace  all 
occasions  of  shewing  you  how  much  I  am  etc.     Signed,  J.  Craggs. 

Similar  letters  were  sent  to  all  Governors   of  Plantations. 
[C.O.  324,  33.    pp.  162,  163.] 

March  17.  447.  Peter  Hey  wood,  C.  in  C.  of  Jamaica,  to  the  Council  of 
Trade  and  Plantations.  Refers  to  Feb.  1th.  Concludes : — A 
considerable  no.  of  the  pyrates  have  come  in  and  surrendred 
upon  H.M.  proclamation  and  more  they  assure  me  will  as  they  find 


March  17. 

Whitehall. 


216  COLONIAL  PAPERS. 

1718. 

opportunities  of  vessels.  H.M.S.  Diamond  is  upon  our  coast 
being  return'd  from  La  Vera  Crux.  Signed,  Peter  Heywood. 
Endorsed,  Reed.,  Read  22nd  May,  1718.  1  p.  [(7.0.  137,  13. 
No.  8;  and  138,  16.  p.  113.] 

[March  18.]  448.  Richard  Lightfoot  to  the  Council  of  Trade  and  Planta- 
tions. Intending  to  go  in  a  short  time  for  Barbadoes,  where  he 
has  a  considerable  estate,  prays  to  be  appointed  to  the  Council 
there.  Recommendations  by  the  Duke  of  Newcastle  and  Bishop 
of  Salisbury.  Signed,  T.  Holies  Newcastle,  W.  Sarum.  Endorsed, 
Reed.,  Read  18th  March,  171J.  1  p.  [C.O.  28,  15.  No.  32.] 

March  18.       449.     Mr.  Hoy  to  Mr.  Delafay.     I  wrote  about  Xmas  under 
Kingston  in   cover  to  my  sister  Hoy  who  I  hope  has  attended  you  with  it, 
ca*      and  others  to  Ld.  Derby  etc.     Continues  : — I  am  conscious  to 
myself  Mr.  Congreve  has  much  more  merit,  and  a  more  extensive 
interest  than  myself,  wch.  makes  me  justly  fear,  least  the  pro- 
posalls  in  my  last,  to  my  only  remaining  and  most  honoured 
patron,  may  have  wanted  effect.     This  was  not  really  in  my 
thoughts,  at  that  time,  and  I  do  syncerely  ask  Mr.  Congreve's 
pardon  ;    tho  if  an  equivalent  could  have  been  thought  on  for 
him,  I  flatter  myself  this  Island  would  have  been  satisfyed  in 
the  change,  wth.  respect  to  a  Deputy  he  has  here  not  very  agree- 
able to  them,  and  who  I  believe  has  given  him  some  trouble,  etc. 
P.S.  Please  to  put  my  sister's  into  the  penny-post :  and  having 
perused  'em  forward  both  to  Ld.  Derby.     Signed,  (?)  J.  Hoy. 
2pp.     [C.O.  137,  46.     No.  31.] 

March  19.  450.  Council  of  Trade  and  Plantations  to  Lieut.  Governor 
Whitehall.  Keith.  We  have  received  your  letters  of  24th  Sepr.  and  25th 
Novr.  last  and  thank  you  for  them.  We  agree  with  you  in  opinion 
that  there  ought  to  be  a  much  higher  duty  laid  in  all  the  British 
Plantations  upon  the  importation  of  all  commodities  of  foreign 
Plantations,  than  is  or  may  be  laid  on  any  commodities,  which 
are  of  the  growth  or  product  of  this  Kingdom,  and  the  Dominions 
thereunto  belonging  so  as  to  encourage  as  much  as  possible  ye 
commodities  of  our  own  Plantations,  preferably  to  those  of  all 
foreign  Plantations.  We  have  not  had  any  proposals  offer 'd  to 
us  relating  to  iron  ore,  since  the  receipt  of  your  letters.  But 
last  year  having  had  that  matter  under  consideration  we  represent- 
ed to  H.M.,  that  iron  ore  is  to  be  found  in  great  plenty  and  very 
good,  in  all  the  Provinces  on  the  Continent  and  recommended 
a  prcemium  might  be  allow'd  by  Parliament  to  encourage  ye 
importation  of  iron  from  the  Plantations.  Mr.  Gee  and  several 
other  merchants  apply'd  this  year  to  Parliament  for  obtaining  a 
prcemium  upon  the  importation  of  iron  from  the  Plantations, 
but  nothing  was  done  in  it  however  it  may  perhaps  be  obtained 
next  year,  and  you  may  be  assured  that  we  shall  give  all  proper 
encouragement  towards  it.  We  send  you  here  inclosed  the 
copy  of  a  Memorial  lately  laid  before  us  concerning  the  progress 
the  French  have  made  in  finding  out  and  securing  a  passage  from 
St.  Lawrence  or  Canada  River  to  their  new  settlemt.  called 


AMERICA    AND     WEST     INDIES.  217 

1718. 

Louisiana  and  down  ye  River  Missisipi  in  the  Bay  of  Mexico  ; 
whereupon  we  must  desire  you  to  inform  yourself  as  particularly 
as  you  can  of  the  facts  therein  mentioned  to  acquaint  us  therewith 
as  soon  as  possible  and  give  us  your  sentiments,  what  methods 
may  be  most  proper  to  be  taken  for  preventing  the  inconveniencies 
to  which  H.M.  Plantations  on  the  continent  of  America  and  the 
trade  of  this  Kingdom  may  be  subject  by  such  a  communication 
between  the  French  settlements.  Instructions  for  an  account 
of  imports  from  the  Maderas  and  Western  Islands  in  same  terms 
as  No.  408.  We  are  obliged  to  you  for  the  accot.  you  have 
sent  us  of  your  transactions  with  the  Indians,  and  shall  be  glad 
of  hearing  from  you  as  often  as  you  can.  [C.O.  5,  1293.  pp. 
138-141.] 

March  19.       451.     Mr.  Popple  to  Sir  E.  Northey,  late   Attorney  General. 
Whitehall.    Asks  for  opinions  on  references  already  made,  and  return  of  other 
papers  etc.     [C.O.  153,  13.    pp.  268,  269.] 

March  20.       452.     Mr.  Carkesse  to  Mr.  Popple.     Encloses  following  to,  be 
Custom  House,  laid    before    the    Council   of    Trade    and   Plantations.     Signed, 
on-      Cha.  Carkesse.     Endorsed,  Reed.  22nd,  Read  25th  March,  1718. 
Addressed,     f  p.     Enclosed, 

452.  i.  Extract  of  letter  from  Col.  William  Rhett,  Surveyor  of 
Customs  in  Carolina,  to  the  Commissioners  of  Customs. 
South  Carolina,  3 1st  Dec .,1717.     An  Act  is  lately  passed 
by  the  Assembly  and  ratifyed  about  a  week  since  that 
lays  a  duty  10  p.c.  upon  all  manner  of  goods  of  the 
Brittish  Manufactory  imported  into  this  Province  from 
Great  Brittain,  which  I  take  to  be  of  a  dangerous  con- 
sequence etc.     There  is  not  less  than  £150,000  imported 
from  Great  Brittain  yearly  to  this  Collony  and  cheifly 
woolen  manufactory,  but  such  a  duty  will  undoubtedly 
prevent  that  quantity  of  goods  being  imported  for  the 
future   and   greatly   discourage   our   Brittish   merchts. 
Your  Honrs.  are  too  well  apprised  of  the  mischeifs  that 
must  necessaryly  follow  if   the   Collonys   are   allow'd 
to  make  laws  that  tends  so  much  to  the  prejudice  of  the 
Brittish  trade,  and  the  lessening  H.M.  Revenues,  and  not 
only  discourage  the  fair  trader,  but  will  'undoubtedly 
putt  the  illegal  traders  upon  supplying  these  parts  with 
all  manner  of  forreign  goods  from  Holland,  Portugall 
etc.  and  if  the  clandestine  traders  are  under  the  tempta- 
tion of  running  of  goods,  to  save  an  extravagant  custom, 
they  can  with  as  much  ease  run  forn.  goods,  which  they 
purchase  att  a  far  cheaper  rate.     Soe  mischeiveous  a 
law  etc.  will  most  certainly  putt  the  inhabitants  upon 
going  on  a  manufactory  of  their  owne  which  is  what 
they  have  for  some  time  past  aim'd  att,  and  endeavoured 
to  effect  and  are  capable  to  do,  having  wool  in  great 
plenty.     The  Assembly  have  made  severall  other  laws 
very  prejudiciall  to  trade,   and  this  they   do  purely, 
because  they  will  not  tax  their  own  estates,  to  discharge 


218  COLONIAL    PAPERS. 

1718. 

the  debts  of  the  Province  occasioned  by  our  unhappy 
Indian  war,  though  to  my  knowledge  they  have  not 
raised  more  than  one  or  two  years  taxes  for  this  24  years 
past,  but  by  laying  prodigious  duties  upon  the  importa- 
tion of  all  sorts  of  goods  in  this  Collony,  has  by  those 
methods  exempted  themselves  from  paying  taxes  and 
has  throwne  the  whole  charges  and  burden  upon  trade 
and  Brittish  merchants,  wch.  deals  to  these  parts,  who 
have  and  do  bear  the  burden  of  our  Indian  war,  etc. 
Signed,  Wm.  Rhett.  Copy.  2  pp.  [(7.0.  5,  1265. 
Nos.  94,  94  i.  ;  and  (without  enclosure)  5,  1293.  p.  141.] 

March  20.  453.  Order  of  Committee  of  Council.  The  Committee  for 
Whitehall,  hearing  appeals,  complaints  from  the  Plantations  defer  the 
consideration  of  the  petition  of  Samuel  Mulford,  until  their  first 
meeting  in  May,  Governor  Hunter's  answer  being  daily  expected. 
Upon  its  arrival,  the  answer  is  to  be  transmitted  to  Mr.  Mulford 
and  this  Board.  Signed,  Edward  Southwell.  Endorsed,  Reed., 
Read  1st  April,  1718.  1J  pp.  [C.O.  5,  1051.  No.  62  ;  and 
5,  1124.  pp.  14,  15.] 

March  20.       454.     Council  of  Trade  and  Plantations  to  Governor  Hunter. 
Whitehall.    Enclose  Order  of  13th  Feb.  confirming  two  Acts  of  New  Jersey, 
to  be  published  and  entred  in  the  Council  Books  as  usual.     [C.O. 
5,995.     #.'438.] 

March  |~f .       455.     Commander  Van  der  Hey  den  Rezen  to  the  Directors  of 
Rio  Essequebe,  the  Dutch  West  India  Company.     Signed,  Pr.  Van  der  Heyden 
°naa  BjT      Rezen.     Endorsed,  Read  23rd  June  (N.S.),  1718.     Dutch.     2|  pp. 
Enclosed, 

455.  i.  Duplicate  of  No.  443. 

455.  ii.-vii.  Orders,    inventories    etc.     Dutch.     17    pp.     [C.O. 
116,  21.     Nos.  158,  158  i.-viii.] 

March  20.  456.  Lt.  Governor  Spotswood  to  the  Council  of  Trade  and 
Virginia.  Plantations.  Refers  to  recent  letters  etc.  Having  just  come  to 
the  knowledge  of  a  letter  sign'd  by  eight  of  the  Council  of  this 
Colony,  and  delivered  at  Whitehall  by  their  associate,  Mr.  Byrd, 
together  with  a  remonstrance,  against  the  Courts  of  Over  and 
Terminer  etc.,  I  find  myself  under  the  necessity  of  giving  yor. 
Lor  dps.  the  trouble  of  this  etc.  Replies  to  their  arguments  that 
H.M.  Commission  and  Instructions  concerning  the  Judges  of  those 
Courts  are  contrary  to  the  laws,  to  the  Charter  and  to  the  constant 
practice  of  the  Colony  etc.  ;  also  to  their  complaint  that  he  mis- 
represents their  case,  and  their  address  about  the  quit-rents  etc. 
v.  supra.  Continues  : — The  secret  I  am  to  unfold  is,  that  these 
Gentlemen  have  been  projecting  for  10  or  12  years  past  to  procure 
a  sallary  of  £100  pr.  annum  to  each  Councelor,  and  the  King's 
quitt  rentt  was  the  fund  they  built  upon  etc.  The  first  step 
was  to  get  that  revenue  appropriated  to  the  use  of  this  Govern- 
ment, and  then  afterwards  they  might  the  more  easily  have  it 
granted  to  the  Council.  Now  when  Mr.  Ludwell  returned  from 


AMERICA    AND     WEST    INDIES.  219 

1718. 

England  in  1714,  he  gave  his  brethren  of  the  Council  such  hopes  of 
success,  that  they  thought  their  design  ripe  for  execution  ;  and 
upon  trying  to  engage  me  to  second  their  measures,  Mr.  Ludwell 
opened  the  affair  so  far  as  to  tell  me  that  he  knew  a  person  in 
England,  who  had  interest  enough  at  Court  to  obtain  the  quitt 
rents  for  the  service  of  this  countrey,  and  who  would  for  a  bribe 
of  £300  undertake  to  get  that  Revenue  so  settled.  Here  my 
Lords,  is  the  key  that  unlocks  all  the  causes  of  their  late  behaviour 
about  the  quitt  rents  :  This  explains  how  it  comes  to  pass  that 
I  have  greatly  incurrd  their  displeasure,  since  I  would  not  second 
their  Address  ;  and  this  shews  why  they  would  not  be  contented 
with  my  applications  (to  the  Treasury  as  well  as  to  yor.  Lordps. 
Board)  for  no  more  than  such  a  donation  as  might  suffice  to  clear 
the  present  deficiency s  in  this  countrys  revenue.  And  seing 
I  could  not  convince  these  Gentlemen,  that  it  was  most  fitt  the 
Government  here,  should  have  a  continual  dependance  on  H.M. 
favour,  and  that  to  secure  the  people's  affections  to  a  Prince  they 
never  behold,  we  ought  to  contrive  that  they  should  from  time 
to  time  become  humble  suitors  for  his  Royal  bounty  :  since,  I 
say,  they  would  not  relish  this  sort  of  policy,  but  would  send  over 
Mr.  Byrd,  to  insist  on  King  Charles's  letter,  and  to  get  the  quitt 
rents  lodged  where  there  should  need  no  application  to  the 
Sovereign  at  home,  I  cannot  but  still  think  that  they  meant 
nothing  less  by  their  Address,  than  a  surrender  of  H.M.  quitt 
rents  :  and  I  dare  answer  for  every  Member  of  the  House  of 
Burgesses,  that  they  will  say  they  made  a  surrender  of  the  25. 
per  hhd.,  when  they  past  an  Act  to  leave  it  in  the  disposal  of  the 
Crown,  notwithstanding  they  appropriated  that  duty  to  some 
certain  services  of  Government ;  Whereas  the  Assemblys  Address 
to  the  King  did  not  ask  the  quitt  rents  under  such  limitations  ; 
They  wanted  them  to  answer  all  sudden  emergencys  ;  That  is 
to  say  to  be  disposed  of  by  these  Gentlemen  whenever  they 
pleased  ;  for  they  can  so  serve  a  turn,  feign  an  emergency,  and 
tell  of  an  Insurrection  that  is  not  in  being  ;  as  may  be  observed  by 
a  parenthesis  in  their  letter,  where  they  informe  yor.  Lordps. 
that  when  they  join'd  in  the  Address,  they  were  under  some 
apprehensions  of  an  invasion  at  that  time  from  the  general  Insur- 
rection of  the  Indians  against  Carolina  :  whereas  the  revolt  of 
the  Indians  did  not  happen  till  the  year  following,  and  then  broke 
out  so  unexpectedly,  that  the  English  of  Carolina  were  under 
but  few  hours  apprehensions  of  mischief  before  they  felt  their 
enemys  fury  :  and  if  these  Gentlemen  knew  of  the  heathen  design 
as  long  before  as  they  pretend,  what  part  may  they  be  said  to 
have  acted  for  their  countrey,  when  they  agreed  in  Assembly 
to  lessen  the  guard  of  their  frontiers,  at  the  very  time  they 
apprehended  they  might  be  invaded  ?  for  the  same  Session  of  their 
Address  an  establishment  was  made,  whereby  the  132  men  wch. 
had  for  the  three  preceding  years  been  paid  as  Rangers,  were 
reduced  to  41  men  for  the  two  succeeding  years.  The  next  matter, 
these  Gentlemen  are  offended  at,  is  the  stile  of  my  observations 
upon  the  Revenue,  wherein  I  have  said  that  I  had  obtain'd  some 
laws,  and  new  regulations,  which  I  had  proposed  to  be  made  for 


220  COLONIAL    PAPERS. 

1718. 

improving  H.M.  Revenue  :  This  is  what  I  still  maintain  to  be 
truly  set  forth  etc.  It  is  very  hard  measure  these  remonstrants 
would  mete  out  to  me,  that  while  they  and  their  party  are 
endeavouring  to  blacken  me  with  the  people  here,  as  the  main 
contriver  and  promoter  of  the  land-law,  and  of  all  orders  of 
Government  for  encreasing  the  Revenue,  they  at  the  same  time 
are  aiming  to  discredit  me  with  yor.  Lordps.  at  home,  as  if  I  had 
the  least  hand  in  all  the  measures  taken  for  advancing  the  King's 
interests,  and  as  if  they  had  been  the  chief  projectors  of  whatever 
good  laws  or  orders  have  been  made  for  the  service  of  the  Crown 
etc.  What  follows  next  in  their  letter,  I  have  no  occasion  to 
answer,  untill  they  will  shew  me  where  I  have  accused  them  of 
factious  tampering  with  the  last  Assembly  :  and  whoever  reads 
the  Council's  Message  to  the  Burgesses  wch.  they  sent  to  that 
House  the  last  day  of  their  Session,  must  conclude  that  I  could  not 
be  capable  of  making  such  a  Representation  against  persons  who 
appeared  then  so  heartily  to  vindicate  me,  and  so  fully  to  justify 
my  conduct  with  that  Assembly.  Yet  still  I  don't  intend  to  clear 
them  all  from  the  imputation  of  tampering  ;  for  I  cannot  but 
think  that  one  of  these  Remonstrants  acted  such  a  factious  part 
as  could  never  pass  for  a  design  to  heal  differences.  Nor  can  I 
make  any  answer  to  what  these  Gentlemen  lay  next  to  my  charge 
in  the  general  terms  of  new  measures.  Refers  to  Journal  of  Council 
etc.  But  I  must  not  pass  by  in  silence  one  part  of  the  same  para- 
graph, where  they  say  they  have  always  paid  the  utmost  deference 
to  me  etc.  :  for  I  am  but  too  sensible  their  behaviour  here,  is  to 
lessen  me  in  the  eyes  of  the  people  :  yet  all  the  slights  and 
affronts  they  can  offer,  1  receive  with  unconcern,  well  knowing 
I  am  sent  hither  to  keep  the  people  loyal  and  just,  rather  than 
to  teach  a  rude  sett  of  men  manners,  etc.  As  to  their  desire  that 
no  Governor  may  exercise  the  Prerogative  of  the  Crown  contrary 
to  former  practice,  without  express  Instructions  so  to  do  ;  This 
is  a  very  modest  request  to  be  made  by  men  who  are  sworn  to 
assist  and  defend  the  King's  Prerogative  :  and  if  the  ancient  and 
legal  rights  of  the  Crown,  must  give  place  to  the  later  customs 
of  an  infant  Colony,  and  especially  if  the  practice  and  usage  which 
these  men  would  introduce  shal  be  of  the  greater  force,  the 
Princes  power  and  authority  must  daily  lose  ground  in  these 
parts  ;  and  tho  they  would  seem  to  admitt  express  Instructions 
from  H.M.  to  recover  it,  yet  such  concession  is  but  to  guild  over 
their  demand  :  for  they  are  sensible  that  they  have  endless 
shifts  to  oppose  a  Governor,  whenever  he  would  put  them  in 
execution,  and  they  know  that  I  have  been  contending  here  near 
seven  years  for  a  due  observance  of  the  29th  Article  of  the  King's 
Instructions,  without  having  hitherto  obtain'd  what  is  therein 
required  under  pain  of  H.M.  highest  displeasure.  And  I  submitt 
to  yor.  Lordps.  whether  these  Gentn.  ever  designd  to  assist  the 
Governor  in  supporting  the  Prerogative  of  the  Crown,  when  in 
passing  the  General  Court  Law  in  1705  they  struck  out  a  clause 
of  the  Judge's  oath  wch.  had  been  approved  by  yor.  Lordps. 
Board,  in  these  words  [you  shal  not  know  or  suffer  any  hurt  or 
disherison  of  the  King,  but  you  shal  make  known  the  same  to  the 


AMERICA    AND    WEST    INDIES.  221 

1718. 

Governor  etc.].  Thus  they  are  dispensed  with, from  advising  the 
Governor  in  any  case  where  the  legal  rights  of  the  Crown  come  to 
interfere  with  the  pretended  usages  of  the  country  ;  and  unless  a 
Governor  is  present  on  the  Bench  and  finds  out  of  himself  that  the 
King's  interest  is  encroached  on,  he  is  not  to  expect  any  information 
etc.  Their  next  request  to  yor.  Lordps.  for  communicating  to  the% 
party  accused  a  copy  of  his  accusation  before  it  be^uffered  to  make* 
any  impression  to  his  prejudice,  carry s  with  it  a  shew  of  so  much 
reason,  that  I  shal  readily  agree  with  them  ;  if  yor.  Lordps. 
think  it  for  H.M.  service,  that  every  misbehaviour  of  a  Councelor 
or  officer,  wch.  a  Governor  finds  himself  obliged  to  informe  yor. 
Lordps.  of,  in  the  course  of  his  correspondence,  should  be 
immediatly  sent  to  the  party  in  order  to  his  framing  an  excuse, 
and  getting  a  knott  of  relations  in  the  Council  to  vindicate  him 
therein,  a  favour  which  any  man  in  the  Government  may  readily 
obtain  of  them  :  for  it  is  become  a  standing  rule  that  whoever  is 
either  punished  for  his  crimes,  or  disappointed  of  his  expectations 
or  has  a  man  of  more  merit  preferred  to  him  in  the  distribution 
of  the  Governors  favours,  he  is  presently  caressd  and  adopted  one 
of  that  party,  and  may  depend  on  their  service  purely  for  his 
disaffection  to  the  Government.  For  my  own  part  I  could  wish 
that  not  only  all  accusations  sent  to  yor.  Lordps.  Board,  but  the 
accusers  also  were  made  publick.  But  tho  these  Gentlemen  are 
very  desirous  to  have  it  so,  when  anything  is  laid  to  their  charge, 
yet  they  dont  allow  a  Governor  the  same  priviledge  ;  for  when 
I  required  Collo.  Ludwell's  answer  to  my  charge  agt.  him  as 
Auditor,  he  positively  denyed  it,  and  to  this  hour,  I  know  not 
what  it  contains,  except  that  by  the  intimation  of  some  of  my 
friends,  I  have  come  to  understand  it  is  stuff d  with  virulent 
invectives  agt.  me  ;  and  I  shal  always  acknowledge  yor.  Lordps. 
great  justice  that  it  has  hitherto  made  no  impression  to  my 
prejudice,  etc.  etc.  Their  last  request,  is  indeed  extraordinary 
and  calculated  meerly  for  clamour.  All  the  Instructions  wch. 
relate  to  the  Administration  have  been  communicated  to  them. 
Refers  to  Journal  of  Council,  5th  July,  1710.  Continues: — 
I  shal  only  add  on  this  head,  that  as  I  have  communicated  more 
of  my  Instructions  than  any  Governor  that  ever  went  before  me, 
so  I  have  often  left  the  whole  body  of  them  on  the  Council  Table 
for  their  inspection  if  they  thought  fitt,  declaring  that  H.M.  had 
given  me  no  Instructions  that  were  to  be  kept  a  secret.  But  if 
these  Gentlemen  are  so  very  desirous  to  guide  their  judgments 
in  Councill  and  Assembly  according  to  H.M.  Instructions,  how 
came  it  to  pass,  that  in  the  Assembly  of  1714,  they  would  re-enact 
a  temporary  law  contrary  to  the  express  words  of  an  Instruction 
then  lying  before  them,  and  the  next  day  declare  their  opinion  in 
Council,  that  it  was  unfitt  for  me' to  pass  ;  as  if  H.M.  Instructions 
were  only  binding  to  the  Governor  and  not  to  the  Council.  After 
having  answered  the  material  parts  of  their  letter,  I  humbly 
submitt  to  yor.  Lordps.  whether  their  conclusion  be  consistent 
with  the  premises  sett  forth  therein  ?  Whether  the  transmitting 
to  yor.  Lordps.  such  arguments  for  supporting  their  pretensions 
to  be  the  sole  Judges  in  pleas  of  the  Crown,  as  were  never  insisted 


222 


COLONIAL    PAPEKS. 


1718. 

on,  or  mentioned  here,  could  be  with  a  sincere  design  to  keep  up 
a  good  understanding  between  the  Governor  and  Council  ?  And 
whether  their  taxing  me  with  subverting  the  fundamental  Con- 
stitution of  the  Government,  misrepresenting  the  Council  toyor. 
Lordps.  Board,  arrogating  to  myself  the  sole  praise  of  what 
belonged  in  a  greater  degree  to  them,  and  pressing  them  into  new 
and  inconvenient  measures  of  Governmt.  be  without  the  least 
intent  to  accuse  any  person  whatsoever  ?  etc.  As  a  Governor 
cannot  be  under  a  more  afflicting  circumstance,  than  to  have  to 
do  with  men  who  labour  indefatigably  to  blast  his  reputation  etc., 
so  it  is  still  more  aggravating  when  attempted  i  i  a  clandestine 
manner  etc.  I  have  had  a  sufficient  share  of  obloquy  in  anonymous 
letters  sent  to  yor.  Lordps.  Board,  and  to  other  persons  of  honour 
with  whom  it  was  most  necessary  to  blacken  my  character  in 
order  to  accomplish  the  design  of  a  party  who  by  their  success 
in  removing  former  Governors  are  so  far  encouraged  that  they 
are  resolved  no  one  ever  shal  sitt  easy  here,  that  doth  not  entirely 
submitt  to  their  dictates,  and  resign  his  duty,  his  reason  and  his 
honour  to  be  governed  by  their  maxims  and  interests.  This  is  the 
case  at  present  in  Virginia,  and  is  like  to  continue  so,  unless  yor. 
Lordps.  put  a  stop  to  the  growing  power  of  a  party,  to  whom  not 
any  one  particular  Governor  but  Government  itself  is  equally 
disagreable.  Signed,  A.  Spotswood.  Endorsed,  Reed.  28th  July, 
Read  6th  Aug.,  1718.  IS  pp.  Enclosed, 

456.  i.  Copy  of  Minutes  of  Council  of  Virginia,  12th  March, 

1717   (18).     Same  endorsement.     Copy.     1J  pp.     [C.O. 

5,  1318.     Nos.  48,  48  i.  ;  and  (without  enclosure)  5,  1365. 

pp.  82-117.] 

March  20.  457.  Wm.  Wood  to  Mr.  Popple.  Presses  for  a  report  upon 
the  petition  of  John  Beswick  etc.  Signed,  Wm.  Wood.  Endorsed, 
Reed.  20th,  Read  25th  March,  1718.  Postmark,  f  p.  [C.O. 
137,  13.  No.  1.] 

March  21.  458.  Mr.  Dummer  to  Mr.  Popple.  Encloses  following. 
Signed,  Jer.  Dummer.  Endorsed,  Reed.,  Read  21st  March,  17^J. 
1  p.  Enclosed, 

458.  i.  Petition  of  Jeremiah  Dummer,  Agent  for  the 
Massachusett's  Bay,  to  the  Council  of  Trade  and 
Plantations.  Whereas  several  persons  have  petition'd 
H.M.  for  a  grant  of  all  the  lands  lying  between  the 
rivers  of  Kennebek  and  St.  Croix  to  the  Eastward  of 
New  England  ;  and  whereas  it  has  been  pleaded  in 
behalfe  of  H.M.  Province  aforesd.  that  the  sd.  lands 
are  already  granted  to  the  sd.  Province,  petitioner 
humbly  proposes  a  division  of  these  lands  in  the  manner 
following  :  That  the  land  from  Kennebeck  to  ye  River 
of  Penobscot  shall  be  annext  both  as  to  soil  and  Govern- 
ment to  the  Province  of  the  Massachusetts  Bay  ;  and 
that  the  remainder  of  the  land,  vizt.  the  land  between 
Penobscot  and  St.  Croix  be  given  back  to  the  Crown 
to  dispose  of  it  as  H,M.  shall  think  fit.  And  accordingly 


AMERICA    AND    WEST    INDIES. 


223 


1718. 


your  Petitioner  does  in  the  name  and  behalfe  of  the 
sd.  Province  by  vertue  of  particular  instructions  agree 
to  this  division.  Signed,  Jer.  Dummer.  f  p. 
458.  ii.  Copy  of  Minutes  of  Council  and  Assembly  of  New 
Hampshire,  Oct.  12,  1717.  £20  sterl.  voted  for  Agency 
to  forward  the  resolution  of  a  grievance  against  Mr. 
Bridger  to  be  laid  before  H.M.  (v.  No.  428).  1  p. 
[C.O.  5,  866.  Nos.  143,  143  i.,  ii.  ;  and  (without  en- 
closures) 5,  915.  p.  105.] 

March  22.  459.  Sir  E.  Northey  to  the  Council  of  Trade  and  Plantations. 
Reply  to  Wth  March.  Quotes  Charter  of  Carolina  and  lease  and 
release  to*Sir  R.  Montgomery  (v.  8th  and  9th  June,  1717),  and 
continues  :  —  I  do  not  see  anything  in  the  said  lease  and  release 
that  may  be  prejudicial  to  the  right  of  the  Crown,  if  H.M.  shall 
think  fit  to  approve  of  a  Govr.  for  life  which  is  all  that  is  desired 
of  H.M.  :  But  I  am  very  doubtful  whether  the  power  of  Governmt. 
granted  to  the  Proprietors  of  Carolina  for  the  Governmt.  thereof 
can  be  divided,  as  proposed  by  the  release,  much  less,  whether 
the  present  Lords  Proprietors  alone  can  exempt  the  new  intended 
Province  from  being  lyable  to  the  present  laws  of  South  Carolina, 
which  were  made  for  the  whole  Province  and  whether  the  erecting 
new  Proprietary  Governments  will  be  for  the  publick  benefit  is 
submitted  to  your  Lordships.  But  if  the  Proprietors  will 
surrender  their  powers  of  Government  to  H.M.  in  the  places 
intended  to  be  erected  into  a  new  Province  (which  I  think  most 
proper)  reserving  to  themselves  the  property  of  the  lands  there, 
they  may  lease  the  same  on  such  terms,  as  they  think  fit,  and  H.M. 
may  create  a  new  Government  on  such  terms  as  he  shall  think 
proper.  And  I  do  not  observe  if  this  new  Province  shall  enact 
laws,  that  any  provision  is  made  for  their  "being  subject  to  the 
approbation  of  H.M.,  his  heirs  and  successours.  The  reasons 
given  by  the  Lords  Proprietors  of  Carolina  for  settling  the  lands 
proposed  to  be  granted,  are  good,  and  such  settlemt.  may  be  for 
the  benefit  of  H.M.  Plantation,  if  legally  made  and  with  proper 
powers  :  And  therefore  if  the  tract  granted  be  sufficient  for  a 
separate  Government  there  may  be  reason  to  encourage  such 
settlement.  Signed,  Edw.  Northey.  Endorsed,  Reed.  3rd,  Read 
4th  April,  1718.  5J  pp.  [C.O.  5,  1265.  No.  95.] 

March  25.  460.  Office  expences  of  the  Board  of  Trade,  Dec.  25,  1717- 
March  25,  1718.  [C.O.  388,  77.  Nos.  41,  43,  45.] 


March  26. 
Whitehall. 


461.  Mr.  Popple  to  Sir  W.  Thompson,  Sollicitor-General. 
Encloses,  for  his  opinion  thereon,  two  Acts  of  Nevis,  17  17,  for  the 
good  government  of  negroes  and  other  slaves,  and  for  laying  a  duty 
upon  French  sugars,  rum  and  molosses  imported  etc.  [C.O.  153, 
13.  p.  269.] 

March  27.  462.  Stephen  Brown  to  the  Council  of  Trade  and  Plantations. 
Objections  urged  against  the  Act  of  Antigua  to  prevent  the  increase 
of  Papists  etc.  (v.  Jan.  4th).  Signed,  Ste.  Brown.  Endorsed, 


224  COLONIAL    PAPERS. 

1718. 

Reed.  27th  March,  Read  8th  April,  1718.     1$  pp.     [(7.0.  152,  12. 
No.  73.] 

March  27.  463.  Mr.  Popple  to  Mr.  Solicitor  General.  Encloses  copy  of 
Whitehall:  Col.  Rhett's  letter,  20th  March.  Continues  : — The  Council  of 
Trade  and  Plantations  command  me  to  observe  that  by  ye  Char- 
ters of  Carolina  to  the  Proprietors,  to  make  laws  with  the  assent 
and  approbation  of  the  freemen  there  inhabiting  :  provided 
the  said  Laws  be  consonant  to  reason,  and  as  near  as  may  be 
conveniently,  agreable  to  the  laws  and  customs  of  England. 
Whereupon,  I  am  to  desire  your  opinion  whether  the  laws  com- 
plain'd  of  by  Col.  Rhett  come  within  the  meaning  of  the  abovesaid 
genl.  words,  so  as  to  be  in  anyways  contrary  to  the  powers  granted 
to  the  Proprietors  by  their  Charter  and  what  H.M.  may  do  to 
remedy  the  inconveniencies  of  such  laws,  and  prevent  the  like 
for  the  future,  etc.  [C.O.  5,  1293.  p.  142.] 

March  27.  464.  Governor  Phillipps  to  Mr.  Popple.  Refers  to  a  letter 
which  he  has  not  received.  "  I  am  now  better  and  will  not 
faile  to  attend  the  Board,"  etc.  Signed,  R.  Phillipps.  Endorsed, 
Reed.,  P  'ad  27th  March,  1718.  1  p.  [C.O.  217,  2.  No.  45.] 

March  27.  465.  M  "^pple  to  Lt.  Governor  Bennett.  Acknowledges 
Whitehall;  letters  of  30 u.  .July,  neither  of  which  require  any  particular 
answer.  The  Council  of  Trade  and  Plantations  desire  you  to 
send  them  annually  n  account  of  the  imports  from  the  Maderas 
and  Western  Islands  and  for  3  years  past  etc.  in  same  terms  as 
to  other  Governors,  v.  No.  408.  P.S.  Since  the  signing  of  this 
the  Board  have  reed,  your  letter  of  3rd  Feb.,  and  have  laid 
before  H.M.  what  you  write  concerning  the  coming  in  of  the 
pirates,  upon  which  their  Lordps.  will  write  to  you  more  fully 
themselves.  [C.O.  38,  7.  pp.  335,  336.] 

March  27.  466.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehall.  Craggs.  By  the  enclosed  from  Mr.  Bennett  Governor  of  Bermuda 
you  will  perceive  the  good  effect  H.M.  gracious  promise  of  pardon 
to  the  pirates  has  had,  and  that  the  most  considerable  of  them  have 
resolved  to  lay  hold  of  this  oportunity  to  surrender  themselves, 
which  we  thought  fit  to  acquaint,  you  of  without  loss  of  time. 
But  upon  this  occasion  we  must  observe  to  you  that  as  H.M.  in  his 
Proclamation  dos  not  actually  pardon  the  pirates  that  shall  surren- 
der themselves,  but  only  promises  they  shall  be  pardoned,  it  will  be 
absolutely  necessary  that  sufficient  powers  under  the  Great  Seal 
should  be  forthwith  dispatched  to  the  several  Governments  of  the 
Plantations,  to  authorize  them  to  pardon  such  pirates  as  shall 
come  in  upon  ye  faith  of  H.M.  Proclamation  ;  upon  which  subject 
we  did  make  a  representation  to  the  Lords  of  H.M.  Councel  on 
20th  Feb.  last,  a  copy  whereof  is  hereunto  annexd.  [(7.0.38,  7. 
pp.  338,  339.] 


AMERICA    AND    WEST    INDIES. 


225 


1718. 

March  28.       467.     Mr.  Popple  to  Mr.  Burchett.     Encloses  extract  of  Lt. 

Whitehall.     Governor  Bennett's  letter  as  preceding,  for  the  information  of 

the  Lords  Commrs.  of  the  Admiralty.     [C.O.  38, 7.    pp.  339, 340.] 

March  28.  468.  Same  to  Mr.  Solicitor-General.  The  Governors  of 
Whitehall.  New  York  have  for  many  years  past  granted  licences  to  fish  for 
whales  etc.  ;  But  a  person  of  that  Province  having  lately  refused 
to  take  out  such  a  licence,  has  complained  of  the  present  Governor 
for  putting  a  restriction  upon  that  trade.  The  Council  of  Trade 
and  Plantations  therefore  desire  your  opinion  whether  by  the  Act 
of  the  2nd  and  3rd  of  Edward  VI,  cap.  6th,  or  the  Act  of  25  K.C.  II. 
for  the  encouragement  of  the  Greenland  Trade  or  by  any  other 
Act  relating  to  the  Fishery,  H.M.  subjects  may  fish  for  whales 
at  New  York  without  licence.  [C.O.  5,  1124.  p.  12.] 

March  28.  469  John  Baskett  to  the  Council  of  Trade  and  Plantations. 
In  obedience  to  yor.  Lordships  command,  I  have  made  the  nearest 
computation  of  the  charge  of  printing  the  Plantation  Laws  ; 
and  find  it  cannot  be  done  for  less  than  five  farthings  pr.  sheet ; 
if  yor.  Lordpps.  will  be  pleas'd  to  consider,  that  what  is  printed 
for  H.M.  service  at  a  peny  pr.  sheet,  are  H.M.  Speeches,  Acts 
of  Parliament,  and  Proclamations,  wch.  paper  bears  but  little 
more  than  half  the  price  of  that,  on  wch.  those  laws  must  be 
printed  etc.  Signed,  John  Baskett.  Endorsed,  Reed.  28th 
March,  Read  1st  April,  1718.  1  p.  [C.O.  323?  7.  No.  126.] 

March  28.  470.  Stephen  Brown  to  the  Council  of  Trade  and  Plantations. 
Prays  for  a  speedy  order  for  the  relief  of  the  Popish  inhabitants 
of  Antigua,  who  now  lye  under  all  the  disability s  and  hardships 
expressed  in  the  Act  to  prevent  the  increase  of  Papists  and  with 
uttmost  impatience  expect  ypur  Lordspps.  determination  in  this 
affair  etc.  (v.  March  27,  and  4th  Jan.)  Signed,  Ste.  Brown. 
Endorsed,  Reed.  28th  March,  Read  8th  April,  1718.  J  p.  [C.O. 
152,  12.  No.  74.] 


March  28. 

Whitehall. 


471 .  Council  of  Trade  and  Plantations  to  Governor  Lowther. 
Acknowledge  letter  etc.  of  20th  July.  The  publick  papers  enclosed 
we  find  to  have  been  kept  in  good  order  :  But  for  the  future 
we  must  desire  that  in  addition  to  your  general  accounts  of 
exports  and  imports,  you  would  add  a  very  particular  one  of  the 
state  of  the  trade  between  Barbados  and  the  Maderas  and  Western 
Islands  ;  for  the  reasons  mentioned  in  a  circular  letter  etc.  We 
are  very  much  concerned  that  H.M.  subjects  in  the  West  Indies 
have  been  so  great  sufferers  by  the  depredations  of  the  pirates, 
but  all  possible  care  has  been  used  on  this  side  to  cure  so  great 
an  evil,  H.M.  having  been  graciously  pleased  to  issue  a  Procla- 
mation of  free  pardon  to  such  as  shall  surrender  themselves  within 
the  time  prefixed,  which  we  understand  has  had  a  very  good 
effect,  and  to  dislodge  such  of  them  as  shall  prove  obstinate  from 
their  old  retreat  at  the  Bahama  Islands,  a  regular  Government 
and  force  is  now  established  there  under  the  care  of  Captain 
Rogers  who  will  shortly  set  out  for  that  place,  attended  by  a 

Wt.  441.  C.P.  15. 


226  COLONIAL    PAPERS. 


1718. 

competent  number  of  men  of  war  to  destroy  the  remainder  of 
these  common  enemies  to  mankind.  The  Act  for  trying  of  pirates 
in  the  West  Indies  has  been  revived  and  proper  commissions  for 
the  execution  of  it  are  now  passing  the  seals  in  order  to  be  sent 
to  the  several  Govrs.  of  the  Plantations.  That  for  Barbado's  may 
probablv  accompany  this  letter.  We  have  considered  of  what 
you  propose  relating  to  an  alteration  in  the  Act  for  the  encourage- 
ment of  the  trade  to  America,  which  relates  to  the  impressing  of 
seamen  in  the  West  Indies  and  tho  we  are  convinced  by  the 
instances  you  have  given,  that  great  inconvences  do  attend 
that  law,  yet  undoubtedly  the  same  were  weighed  at  the  passing 
of  that  Act,  and  much  clamour  would  certainly  attend  any 
attempt  to  repeal  it.  Howevej  we  have  laid  an  extract  of  that 
part  of  your  letter  before  H.M.  Council  and  when  any  resolution 
shall  be  taken  thereupon,  we  will  acquaint  you  with  it.  Mean- 
tune  we  must  commend  your  zeal  for  the  publick  in  having  as 
far  as  in  you  laid,  obviated  the  difficulties  the  service  layd  under 
from  this  Act  by  fitting  out  the  man  of  war  upon  your  station  to 
cruise  with  such  success  upon  the  pirates.  We  observe  with  much 
satisfaction  from  the  Minutes  of  your  Council  and  Assembly 
the  great  harmony  and  good  understanding  there  is  between  you 
and  H.M.  subjects  in  Barbado's  of  which  the  great  presents 
the  Assembly  have  made  you  for  the  two  last  years  are  convincing 
proofs,  but  they  are  proofs  of  such  a  nature  as  are  directly  con- 
trary to  your  Instructions,  and  therefore  we  must  admonish  you 
not  to  break  in  upon  H.M.  Order  in  this  particular  for  the  future. 
We  have  perused  the  several  laws  past  in  your  Island  since  H.M. 
accession,  and  our  Secry.  has  directions  to  send  you  an  account 
of  what  has  been  done  upon  them  etc.  [(7.0.  29,  13.  pp.  454- 
457.] 

March  28.  472.  Mr.  Solicitor  General  to  Mr.  Popple.  Has  no  objection 
to  Acts  of  Nevis  for  the  good  government  of  negroes  and  for  laying 
a  duty  on  French  sugars  etc.  Signed,  Wm.  Thomson.  Endorsed, 
Reed.  28th  March,  Read  16th  May,  1718.  f  p.  [(7.0.  152,  12. 
No.  82  ;  and  153,  13.  pp.  293,  294.] 

March  29.       473.     Mr.    Popple    to    Mr.    Burchett.     Encloses    extract    of 
Whitehall,    letter  from   Governor  Lowther   (20th  July,    1717),   to  be  laid 
before  the  Lords  Commissioners  of  the  Admiralty.     [(7.0.   29, 
13.    p.  458.] 

March  29.  474.  Lt.  Governor  Bennett  to  the  Council  of  Trade  and 
Bermuda.  Plantations.  Encloses  duplicate  of  16th  Feb.  Continues  : — Only 
four  [more  pirates  from  Providence]  have  come  in.  More  intended 
by  what  they  say  but  were  afraid  of  bringing  their  effects 
with  them  for  fear  of  being  seized,  and  doe  declare  they  will  never 
surrender  without  the  assurance  of  enjoying  what  they  have 
gotten,  for  otherwise  say  they  we  have  ventured  our  necks  for 
nothing  etc.  This  notion  of  the  pirates  I  fear  will  occasion 
many  of  them  goeing  out  again  if  speedy  care  be  not  taken, 
therefore  intreat  yr.  Lordps.'  directions  therein.  Those  that 


AMERICA    AND    WEST    INDIES.  227 

1718. 

have  surrendered  to  me  (being  but  twenty)  brought  not  their 
effects  with  them  but  left  all  att  Providence,  but  if  liberty  be  given 
to  bring  them  hither  some  will  settle  here.  Pardon  me  my  Lord 


presumeing  on  my 
of  H.M.  Proclamation  that  as  upon  surrender  their  crimes  are 
remitted,  etc.,  their  effects  are  not  seizeable  but  subject  to  the 
King's  duties  etc.  My  Lords  I  am  endeavouring  all  I  can  to 
answer  with  satisfaction  yr.  Lordps.'  duplicates  of  letters  (the 
originals  not  comeing  to  my  hands)  dated  4th  Aug.,  1715,  and 
30th  May,  1716,  but  I  meet  with  soe  many  difficulties  and 
obstructions  occasioned  by  my  predicessour  in  his  time  of  Govermt., 
that  I  must  intreat  yr.  Lordps.'  patience,  and  beg  leave  to  assure 
that  noe  care  has  been  wanting  in  me  since  I  was  restored  to  the 
Govermt.  to  put  the  fortifications  and  militia  in  a  condition  for 
the  defence  of  the  country  therefore  humbly  hope  that  reflection 
makes  noe  impression.  Having  proceed  thus  far  etc.  a  sloop 
arrived  from  Providence  in  [which]  came  eight  surrenderee  etc., 
but  none  brought  any  effects  for  fear  of  seizure  etc.  They  left 
att  Providence  the  Phenex  man  of  war  Capt.  Pierce  Comander 
who  had  been  there  three  weeks,  and  by  his  prudent  managemt. 
and  conduct  had  occasioned  a  great  m[an]y  of  the  pirates  to 
surrender  upon  which  he  gives  them  certificates  of  their  soe  doeing, 
they  all  tell  me  that  there  is  not  above  200  men  (I  mean  pirates) 
att  Providence  and  Harbour  Island  who  are  all  very  quiet  and 
respectful  to  Capt.  Pierce,  and  therefore  hope  will  come  in  etc. 
Signed,  Ben.  Bennett.  Endorsed,  Reed.,  Read  15th  May,  1718. 
Holograph.  2  pp.  [C.O.  37,  10.  No.  9  ;  and  (abstract)  37,  24. 
No.  6.] 

April  1.         475.     Mr.  Popple  to  Sir  Edwd.  Northey.     Enquires  for  report 
Whitehall,     on  Sir  R.  Montgomery's  business,  asks  for  return  of  the  Carolina 
Charter  and  replies  to  No.  451  etc.     [C.O.  6,  1293.    p.  143.] 

April  1.  476.  Questions  to  Mr.  Barwick.  Suggesting  that  he  had 
embezzeled  sums  from  the  casual  revenue  of  Barbados.  No 
signature.  Inscribed,  This  paper  given  to  Mr.  Horatio  Walpool. 
4  pp.  [C.O.  28,  15.  No.  50.] 

[April  1.]  477.  Nathaniel  Wickham,  Dor.  in  Phisick,  to  the  Council 
of  Trade  and  Plantations.  Prays  that  the  suspension  of  Thomas 
Morris  may  not  be  confirmed  before  petitioner  with  the  depositions 
which  have  already  arrived  has  been  heard  on  his  behalf  etc.  (v. 
8th  Feb.)  Signed,  N.  Wickham.  Endorsed,  Reed.  1st,  Read 
3rd  April,  1718.  1  p.  [C.O.  152,  12.  No.  72.] 

April  1.  478.  Mr.  Solicitor-General  to  Mr.  Popple.  Reply  to  March 
28th.  If  the  oyle  or  produce  of  such  whales  is  to  be  imported  into 
England,  etc.  it  is  particularly  allowed  of  and  provided  for  by 
the  25th  of  Car.  2nd  cap.  the  7th,  and  though  there  are  general 
words  giving  a  liberty  to  all  H.M.  subjects  of  England  and  Wales 


228  COLONIAL    PAPERS. 

1718. 


to  use  and  exercise  all  other  trades  to  and  from  Greenland  and 
those  parts  and  to  import  (generally)  the  oyle  etc.  in  English 
shipps  yett  this  Act  seemes  to  mean  the  importacon  to  England 
onely  and  to  have  it  take  in  this  practice  of  fishing  and  importing 
it  to  New  York  would  be  a  construccon  not  to  be  warranted 
unless  by  a  very  favourable  regard  to  the  fishing  trade  it  should 
be  so  extended  the  2nd  and  3rd  of  Edward  the  6th  cap.  6th  makes 
the  pretended  licenses  granted  by  the  Admiral  or  any  officer  under 
the  Admirall  penal,  and  this  Act  relates  only  to  voyages  from 
England  etc.  so  that  if  licenses  for  whale  fishing  paying  such 
reasonable  proportion  as  the  20th  part  on  importacon  are  warran- 
ted at  New  York  by  any  Act  of  Assembly  there  or  other  authen- 
tick  order  of  the  Governour  and  Counsel  it  may  be  binding  to  the 
inhabitants  there  but  I  do  not  apprehend  that  it  will  be  binding 
to  other  H.M.  subjects.  Signed,  Wm.  Thomson.  Endorsed, 
Reed.,  Read  April  1st,  1718.  1|  pp.  [0.0.  5,  1051.  No.  61  ; 
5,  1124.  pp.  13,  14.] 


April  1.  479.  Copy  of  Governor  Hunter's  Commission  of  Vice- 
Admiralty,  26th  Aug.,  1715.  Endorsed,  Reed.  7th  March,  Read 
1st  April,  1718.  Latin.  11  pp.  [0.0.  5,  1051.  No.  63.] 

April  2.  480.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehall.  Craggs.  Representation  upon  the  petitions  of  Anne  Low,  John 
Boreland,  John  Plowman  and  Robert  Shardo.  Mrs.  Low 
having  quited  her  pretensions  to  a  Patent  for  [the  sole  curing  of 
sturgeon  in  North  America],  we  shall  represent  to  H.M.X  onely 
what  appears  to  us  upon  the  two  latter  petitions.  Quote  petitions 
and  evidence,v.  Jan.  23  etc.  It  appeared  to  us  that  Mr.  Boreland  hath 
engaged  himself  in  the  trade  of  catching  and  curing  sturgeon  in 
New  England,  etc.  He  hath  not  yet  imported  any,  but  is  in 
expectation  of  having  some  very  soon.  Plowman  and  Shard  did 
not  make  appear  to  us  the  pains  and  expence  they  had  been 
at  as  set  forth  in  their  petition,  but  alledged  that  they  had 
already  received  from  New  England  one  cagg  of  sturgeon  cured 
after  the  new  manner  from  a  person  employed  by  them,  and  that 
this  was  as  good  as  any  that  comes  from  Hamburgh  or  the 
East  Country.  It  appear'd  to  us  that  this  sturgeon  was  in  a 
New  England  cask,  but  we  had  some  reason  to  suspect  it  was 
put  into  that  cask  at  Hamburgh  or  elsewhere,  not  at  New  England, 
they  also  did  not  prove  to  us  that  any  person  was  or  had  been 
employed  by  them  in  New  England  in  catching  and  curing  of 
sturgeon.  Quote  Memorial  of  Jan.  23.  Upon  the  whole,  since 
the  sturgeon  of  North  America  as  cured  at  present  is  allowed  to 
be  of  little  or  no  value,  but  if  well  cured,  might  be  equal  in  good- 
ness with  that  of  Hamburgh  or  of  the  East  Country,  and  that 
the  importing  the  same  from  our  own  Plantations  will  be  of 
advantage  to  Great  Britain,  we  are  of  opinion  that  H.M.  may  be 
graciously  pleased  to  grant  a  Patent  to  some  person,  the  better  to 
enable  him  to  carry  on  this  trade  and  bring  it  to  perfection. 
Mr.  Boreland  desires  a  Patent  onely  for  eight  years,  and  will 
be  contented  to  have  it  determine  in  four,  if  within  that  time  he 


AMERICA    AND    WEST    INDIES.  229 

1718. 

does  not  import  sturgeon  from  North  America,  as  good  as  what 
comes  from  Hamburgh,  and  the  East  Country,  and  as  he  has 
been  the  first  undertaker,  and  hath  been  at  an  expence  to  discover 
the  true  method  of  curing  sturgeon,  and  seems  best  prepared  to 
carry  on  this  trade,  we  have  no  objection  why  H.M.  may  not  be 
graciously  pleased  to  grant  him  a  patent  for  the  sole  importing 
of  cured  sturgeon  from  North  America  into  Great  Britain  for 
the  term  of  eight  years,  revokable  at  the  end  of  the  first  four  years, 
or  within  3  months  after,  absolutely  at  H.M.  will  and  pleasure  ; 
H.M.  at  the  same  time  declaring  his  intention  to  make  use  of  the 
said  power  of  revokation  onely  in  case  that  Boreland  shall  not 
within  the  said  four  years  import  sturgeon  from  North  America 
as  good  as  that  from  Hamburgh  or  the  East  Country.  This  we 
desire  you  will  lay  before  H.M.  etc.  Autograph  signatures.  6  pp. 
[C.O.  5,  4.  No.  20  ;  and  5,  915.  pp.  105-111.] 

April  2.         481.     Col.  Joseph  Jory  to  Mr.  Popple.      Refers  to  Solicitor 

Bethnall  Green. General's  report  upon  two  Acts  of  Nevis  (v.  28th  March),  and 

prays  that  they  may  be  confirmed.     Signed,  Jos.  Jory.     Endorsed, 

Reed  3rd  April,  Read  16th  May,  1718.     Addressed.     J  p.     [C.O. 

152,  12.     No.  83.] 

April  3.  482.  Mr.  Popple  to  Lord  A.  Hamilton.  Returns  several 
Whitehall,  papers  relating  to  Jamaica.  Continues  : — As  to  your  Lordp's. 
desire  of  having  a  copy  of  ye  Representation  of  this  Board  upon 
ye  petition  of  Mr.  Diharce,  I  spoke  to  the  Board  of  it  again,  and 
they  think  they  cannot  breake  ye  rule  that  has  always  been 
observ'd  here,  that  is  not  to  give  any  copies  of  their  reports  before 
H.M.  pleasure  be  known  upon  them,  however  they  are  willing 
your  Lordship  should  have  a  sight  of  it,  if  your  Lordship  desires 
it.  [C.O.  138,  16.  pp.  103,  104.] 


April  3.         483.     Copy  of  a  Commission  for  trying  pirates  at  Jamaica. 
Westminster.  Countersigned,    Wrighte.     Endorsed,    Reed.    April    29th,    1718, 
Primer'd  May  5,   1719.     9  pp.     [C.O.   137,   13.     No.  25  ;    and 
138,  16.     pp.  169-179.] 

April  3.  484.  Council  of  Trade  and  Plantations  to  the  Earl  of  Sunder- 
land.  Refer  to  application  to  the  Lord  Chamberlain  for  two 
additional  rooms  (sic.  v.  9th  Jan.).  Conclude  : — But  having 
since  consider'd  that  this  would  be  a  work  both  of  time  and 
expence,  and  being  dayly  sencible  of  ye  great  confusion  our  papers 
are  in  for  want  of  room,  to  dispose  them  in  proper  order,  we 
must  entreat  your  Lordship  to  move  H.M.,  that  we  may  have 
those  lodgins  joining  to  our  Office,  at  prest.  in  the  possession  of 
one  Mr.  Colledge,  who  may  easily  be  accomodated  elsewhere  etc. 
[C.O.  389,  37.  pp.  148,  149.] 

April  3.         485.     Council  of  Trade  and  Plantations   to   Mr.   Secretary 
Whitehall.    Craggs.     Enclose  extract  of  Lt.  Governor  Bennett's  letter  of  16th 

Feb.  and  remind  him  of  what  they  wrote  27th  March.     [C.O. 

38,  7.     pp.  340,  341.] 


230 


COLONIAL    PAPERS. 


1718. 

April  3.  486.  Mr.  Popple  to  Richd.  Shelton.  Encloses  extract  from 
Whitehall.  Lt.  Governor  Bennett's  letter,  16th  Feb.,  relating  to  the  appre- 
hension of  a  new  invasion  of  Carolina.  Continues  : — The  Council 
of  Trade  and  Plantations  desire  to  know  what  their  Lordships 
[the  Proprietors]  have  done  or  intend  to  do  towards  the  security 
of  that  Province.  [C.O.  5,  1293.  p.  144.] 

April  4.         487.     Council  of  Trade  and  Plantations  to  Governor  Hamilton. 

Whitehall.  Acknowledge  letters  of  7th  Oct.,  1717,  and  6th  Jan.,  1718.  Con- 
tinue : — We  take  notice  of  what  you  write,  in  relation  to  your 
dismissing  Mr.  Crooke,  and  are  willing  to  believe  you  had  good 
reasons  for  so  doing ;  the  affidavits  you  have  sent  us  upon  that 
subject,  will  be  of  use  if  any  complaint  should  be  offered  in  behalf 
of  Mr.  Crooke.  We  thank  you  for  the  account  you  give  us  of 
the  Virgin  Islands  ;  What  you  propose  about  setling  at  St.  Cruz 
all  the  poor  people  who  are  now  dispersed  in  those  Islands  might 
be  right,  if  it  was  not  intended  to  settle  them  in  the  French 
part  of  St.  Christophers  where  they  will  be  more  to  their  own 
advantage  and  be  much  more  usefull  to  the  publick.  We  have 
expressed  our  thoughts  on  this  head  so  fully  and  so  strongly  in 
several  former  Irs.  to  you,  that  we  need  only  refer  you  to  those 
letters,  and  earnestly  to  recommend  to  you  to  observe  the 
directions  contained  in  them  ;  You  will  therefore  use  your  best 
endeavours  to  dispose  the  inhabitants  of  Spanish  Town  and  of 
Tortola,  who  have  petitioned  you  for  leave  to  settle  on  St.  Cruz 
to  wait  patiently  where  they  are,  till  they  can  be  setled  on  St. 
Christophers,  which  we  hope  may  be  soon.  We  shall  expect  to 
hear  what  answer  the  Danish  Governor  of  St.  Thomas  gave  to 
the  message  you  sent  him  by  Capt.  Marshall.  Refer  to  their 
references  of  request  for  man  of  war  (v.  6th  Jan.  and  llth  March). 
Continue  : — But  tho'  what  you  desired,  might  then  seem  to  us 
very  proper,  we  hope  it  will  not  be  necessary  now,  since  we  have 
been  informed  that  some  of  the  chief,  as  well  as  others,  of  the 
pirates,  which  were  on  the  Island  of  Providence  have  surrendered 
themselves  upon  H.M.  promise  of  pardon,  and  that  there  was 
reason  to  expect  the  rest  of  the  pirates  in  those  parts  would 
soon  follow  that  good  example.  We  have  lately  had  under  our 
consideration,  an  Act  passed  at  Antigua  in  June,  1716,  to  prohibit 
the  importation  of  foreign  sugars  etc.  ;  We  do  not  find  that  any 
other  of  H.M.  Plantations  has  gone  so  far  as  absolutely  to  pro- 
hibit, tho'  some  of  them  have  laid  duties  on  the  importation  of 
such  foreign  commodities,  and  some  reasons  have  been  offered 
to  us  to  show  that  such  a  prohibition  may  be  attended  with  ill 
consequences  ;  However  we  have  been  willing  to  suspend  our 
final  judgment  concerning  this  Act,  till  we  receive  from  you  a 

Particular  account,  which  we  desire  to  have  as  soon  as  possible, 
ow  far  such  an  Act  was  really  necessary,  as  is  set  forth  in  the 
preamble  of  it,  and  what  effect  it  has  hitherto  had.  But  should 
the  reasons  in  general  for  such  an  Act  be  never  so  strong,  yet  the 
present  Act  is  not  fit  to  be  continued,  upon  account  of  some 
objections  against  it  contained  in  the  inclosed  paper,  and  therefore 
if  the  Assembly  of  Antegoa  persist  in  their  reasons  for  prohibiting 


AMERICA    AND    WEST    INDIES.  231 

1718. 

all  the  aforesaid  foreign  commodities,  you  must  recommend  to 
them  to  pass  another  Act  for  that  purpose,  not  liable  to  such 
objections,  otherwise  we  shall  lay  this  Act  before  H.M.  to  be 
repealed.  We  think  it  proper  on  this  occasion  to  remind  you  of 
that  part  of  your  Instructions,  whereby  you  are  directed  to  send 
us  your  observations  upon  all  the  Acts  you  transmit  to  us,  and 
your  reasons  for  passing  such  Acts,  the  neglecting  to  do  it  may 
be  very  prejudicial  to  H.M.  service,  as  well  as  to  the  Islands 
under  your  Governmt.,  and  therefore  we  hope  you  will  be  very 
careful!  and  exact  in  the  doing  it  for  the  future  ;  The  Agent  for 
Nevis  has  brought  us  two  Acts  lately  passed  in  that  Island, 
for  laying  a  duty  on  French  sugars  etc.,  and  for  the  good  government 
of  negroes  etc.  ;  but  we  have  no  account  from  you  concerning 
them.  We  have  received  your  letter  of  8th  Feb.,  and  shall 
answer  it  by  the  next  opportunity.  [(7.0.  153,  13.  pp.  278-282.] 

April  4.  488.  Mr.  Popple  to  Governor  Sir  Nicholas  La wes.  In  reply  to 
Whitehall.  March  1th,  their  Lordships  do  expect  upon  your  arrival  in  Jamaica 
you  would  get  ye  best  information  you  can  in  relation  to  the  Act 
for  ye  effectual  discovery  of  all  persons  that  are  disaffected  to 
H.M.  etc.  and  let  their  Lordps.  have  your  thoughts  thereupon  as 
fully  as  may  be,  in  order  to  their  laying  the  same  before  H.M. 
for  his  pleasure  thereupon,  the  Act  remaining  at  present  in  sus- 
pence.  Encloses  Orders  in  Council  of  9th  Feb.  confirming  4  and 
repealing  9  Acts  of  Jamaica,  which  their  Lordships  desire  you  would 
have  publish'd  and  enter'd  in  the  Council  Books  in  the  usual 
form.  In  answer  to  what  you  mention  about  ye  Act  which  pro- 
vides for  paying  people's  passages  to  Jamaica  etc.,  I  am  com- 
manded to  acquaint  you  that  the  first  objections  their  Lordps. 
had  against  the  Acts  for  ye  encouragement  of  white  people  were 
contain'd  in  ye  memorial  you  presented  ye  29th  Augt.  last ; 
those  objections  appeared  to  their  Lordps.  so  strong  that  they 
thought  fitt  to  lay  the  said  laws  before  H.M.  for  his  disallowance  ; 
their  Lordps.  conceive  that  the  Acts  of  1703  and  1712  being 
still  in  force  the  repeal  of  this  Act  cannot  be  of  yt.  consequence 
which  you  seem  to  apprehend.  However  should  the  two  above  - 
mention'd  Acts  appear  not  to  be  sufficient  for  ye  encouragement 
of  white  people,  it  will  be  right  for 'you  to  endeavour  to  get  a 
new  Law  past  not  liable  to  the  objections  made  to  these,  which 
have  been  repealed.  But  then  you  must  take  care  that  no 
temporary  Law  do  repeal  a  perpetual  one  and  particularly 
that  no  Act  repeal  a  perpetual  Act  confirmed,  without  H.M. 
leave,  or  a  clause  declaring  the  said  Act  not  to  be  in  force  till  H.M. 
pleasure  be  known.  What  you  write  in  *ela£ion  to  the  fees 
demanded  in  the  Council  Office  is  not  properly  before  my  Lords 
Commrs.  for  Trade  and  Plantations  and  tho  their  Lordps.  have 
received  ye  Orders  here  inclosed  the  Council  Office  will  expect 
their  legal  fees  from  ye  Island.  However  they  observe  from  this 
ye  necessity  there  is  of  having  an  Agent  or  Agents  sufficiently 
instructed  and  impower'd  to  transact  ye  business  here  for  Jamaica, 
as  is  done  in  ye  other  Plantns.,  but  even  in  this  case  you  must 
take  care  yt.  such  Agent  or  Agents  be  not  dependant  wholly 


232 


COLONIAL    PAPERS. 


1718. 


April  5. 


April  9. 

Whitehall. 


April  9. 


[April  9. 


April  9. 

Whitehall. 


upon  ye  Assembly  but  upon  ye  Govr.,  Council  and  Assembly, 
their  Lordps.  do  think  ye  appointing  of  an  Agent  so  necessary  yt. 
they  do  recommend  it  to  you.  [C.O.  138,  16.  pp.  105-110.] 

489.  Mr.   Solicitor  General  to  Mr.   Popple.     Reply  to   26th 
(=21th)  March.     As  the  Lawe  menconed  by  Coll.  Rhett  (20th 
March)  laying  a  duty  of  10  p.c.  upon  British  goods  seemes  very 
extravagant  and  may  be  reasonably  supposed  to  be  attended  with 
the  consequences  he  mentions  I  think  it  may  be  truly  said  not 
to  be  consonant  to  reason  and  as  this  duty  is  so  heavy  it  may  prove 
to  be  such  a  burthen  to  trade  as  to  be  in  effect  a  prohibition  of  it 
to  the  British  subjects  which  is  by  no  meanes  agreeable  to  the 
Laws  of  Britain.     I  therefore  humbly  apprehend  that  the  power  of 
making  lawes  by  the  Charter  to  the  Proprietors  is  in  this  instance 
exceeded.      It  would  be  too  tedious  and  too  expensive  for  every 
particular  trader  to  contest  the  payment  of  the  duty  there  upon 
the  supposed  invalidity  of  the  Act  as  being  unreasonable  and  if 
determined  against  them  there  to  appeal  to  the  King  in  Council. 
But  if  the  merchants  find  themselves  aggreived  I  presume  they 
will  complaine  and  then  upon  a  peticon  to  the  King  the  Proprietors 
will  be  heard  and  if  they  do  not  consent  to  remedy  the  grievances 
a  prosecucon  may  be  ordered  against  them  and  their  Charter. 
Nor   will   the  complaint   be  improper  in   Parliament.     Signed, 
Win.  Thomson.     Endorsed,  Reed.   7th,   Read  8th  April,    1718. 
\%pp.     [C.O.  5,  1265.     No.  96.] 

490.  Mr.  Secretary  Craggs  to  the  Governor  of  Barbadoes.    H.M. 
having  receiv'd  information,  that  John  Brinsden  of  Speights 
Town  in  the  Island  of  Barbadoes  has  been  killd  in  a  duel  by 
Joseph  Milles  of  the  same  town,  has  commanded  me  to  signifie 
His  pleasure  to  you,  that  in  case  the  said  Joseph  Milles  hath  been, 
or  shall  be  upon  his  tryal  found  guilty  of  the  murther  of  the  said 
Brinsden,  you  do  suspend  the  execution  of  the  sentence,  that 
hath  been  or  shall  be  passed  upon  him  for  the  same  untill  you  shall 
have  given  H.M.  an  account  how  the  fact  appeared  upon  the  said 
Milles's  trial,  and  thereupon  receive  H.M.  further  directions  in 
that  matter.     Signed,  J.  Craggs.     [C.O.  324,  33.    p.  163.] 

491 .  The  case  for  Thomas  Morris  (v.  1st  April  and  8th  Feb.). 
No  signature.     Endorsed,  Reed.,  Read  9th  April,  1718.     l^PP- 
[C.O.  152,  12.     No.  76.] 

492.  James  Blew  to  the  Council  of  Trade  and  Plantations. 
Caveat  against  an  Act  of  New  York,  Dec.,  17 17, /or  paying  several 
debts  due  from  this  Cottony.     The  merchants  of  London  trading 
to  New  York  desire  to  be  heard,  in  behalf  of  themselves  and 
their  friends  residing  in  the  said  Colony,  against  the  said  bill 
etc.     Signed,   James   Blew.     Endorsed,   Reed.    9th,   Read   22nd 
April,  1718.     1  p.     [C.O.  5,  1051.     No.  65.] 

493.  Council  of  Trade  and  Plantations  to  the  King.      Reply 
to  9th  Feb.     We  have  discoursed  with  Sir  Robert  Montgomery 


AMERICA    AND    WEST    INDIES.  233 

1718. 

and  have  seen  a  lease  and  release  from  the  Lords  Proprietors 
[of  Carolina]  to  Sr.  Robert.  Quote  opinion  of  Sir  E.  Northey, 
late  Attorney  General,  thereupon,  v.  22nd  March.  Continue  : — 
Upon  which  we  take  leave  to  represent  to  your  Majesty,  that  we 
do  believe  the  proposed  settlement,  would  be  of  advantage  to 
Carolina  and  might  defend  ye  Plantatns.  on  that  Continent  against 
the  incursions  of  the  Indians.  But  as  we  find  great  incon- 
veniencies  have  arisen  and  daily  do  arise  from  the  Proprietary 
and  Charter  Governmts.  in  America,  and  particularly  in  that, 
several  of  them  are  not  obliged  to  lay  their  laws  before  your 
Majesty  for  your  Royal  approbation  or  disallowance  by  which 
means  several  laws  have  been  made  in  Proprietary  Governmts. 
prejudicial  to  the  trading  intrest  of  this  Kingdom,  and  of  the  other 
Plantations  under  your  Majesty's  immediate  Govt.,  we  would 
humbly  propose  that  the  Lords  Proprietors  of  Carolina  should 
surrender  their  powers  of  Govt.  to  your  Majty.  in  the  places 
intended  to  be  erected  into  a  new  Province,  reserving  to  themselves 
ye  property  of  the  lands  there  only,  and  then  your  Majty.  may 
constitute  such  a  form  of  Governmt.  there,  as  to  your  great 
wisdom  shall  seem  most  convenient  and  appoint  the  said  Robt. 
Montgomery  to  be  Govr.  thereof  during  good  behavior,  he  being 
a  person  of  a  very  fair  character,  well  affected  to  your  Majesty's 
Govt.  and  as  we  are  informed  every  way  qualify'd  for  such  an 
undertaking.  [0.0.  5,  1293.  pp.  145-147.] 

April  10.  494.  Governor  Hamilton  to  the  Council  of  Trade  and  Planta- 
Antigua.  tions.  Begins  with  duplicate  of  15th  March.  Continues  : — Since 
the  foregoing  I  returned  to  this  Island  where  soon  after  my 
arrival  I  received  a  letter  from  one  Mr.  John  Phillip  a  subject 
of  our  Royal  Master  but  at  present  an  inhabitant  upon  the  Island 
of  St.  Thomas,  giving  me  an  account  that  the  Danish  Governour 
of  that  Island  has  begun  a  settlement  upon  the  Island  of  St. 
John,  notwithstanding  I  had  forbid  him  when  I  was  to  visit  the 
Virgin  Islands  either  to  settle  or  so  much  as  to  cut  timber  off  of 
any  the  Islands  belonging  to  the  King  of  Great  Brittain  ;  Upon 
which  I  called  the  Council  of  this  Island  to  advise  with.  Refers 
to  enclosures.  Continues : — Shall  inform  your  Lordships  with 
their  answers  by  first  opertunity  for  H.M.  commands  etc.  Should 
the  Danes  persist,  it  would  not  be  very  difficult  to  rout  them 
out  of  St.  Thomas  itself  etc.  Signed,  W.  Hamilton.  Endorsed, 
Reed.  25th,  Read  26th  June,  1718.  2  large  pp.  Enclosed, 

494.  i.  Minutes  of  Council  of  Antigua,  31st  March,  1718.  H.  E. 
communicated  to  the  Council  a  letter  he  had  received 
from  Mr.  John  Philips,  dated  at  Saint  Thomas  29th 
Mart,  N.S.,  1718,  informing  H.E.  of  the  Novo  Danish 
Settlement  upon  the  Island  of  Saint  Johns,  and  that 
publication  for  setling  the  same  was  published  on  the 
23rd  of  Mart,  and  that  upon  the  24th  the  Governour  set 
out  for  Saint  Johns,  with  one  sloop,  and  three  two- 
mast  boats  with  about  20  of  the  inhabitants  8  soldiers 
and  24  negroes  and  that  upon  the  25th  he  took  possession 
of  it,  hoisted  the  Danish  flag  and  fixed  sundry  great 


234  COLONIAL  PAPERS. 

1718. 

guns,  and  upon  the  27th  returned,  and  all  the  people 
save  the  soldiers  and  negroes  who  are  actually  there  at 
present,  and  imployed  in  building  a  fort  there.  8 
Articles  of  the  Settlement  included  the  provisions  that 
all  servants  or  overseers  shall  not  be  English  or  Spaniards 
unless  naturalized  Danish,  or  have  been  in  the  Danish 
service  some  years,  and  that  they  obey  Axen  Dalle  or 
his  successor  as  their  Commander,  etc.  That  the  people 
inquired  of  the  Governour  against  whom  they  were  to 
defend  the  Island,  that  they  told  him  in  case  H.E. 
should  send  down  a  sloop,  and  take  their  negroes  from 
them  who  would  repay  their  loss,  they  knowing  the 
English  pretention  to  Saint  Johns,  that  he  answered 
them  that  he  had  the  Company's  order  to  settle  it,  and 
he  would  settle  it  for  the  Company  if  they  would  not, 
and  that  the  English  had  always  alledged  the  Island  of 
Saint  Thomas  but  that  there  was  nothing  in  it,  that 
the  people  were  all  afraid  until  they  should  know  H.E.'s 
resolution.  The  which  being  considered  H.E.  also 
communicated  several  paragraphs  of  his  Instructions 
relating  to  Saint  Thomas  and  other  the  Virgin  Islands 
and  desired  the  opinion  of  the  Lt.  Governor  and  Council 
who  were  unanimously  of  opinion  that  H.E.  should 
immediately  dispatch  some  vessel  with  a  message  in 
writing  by  one  of  the  Officers  of  H.M.  troops  to  the 
Governour  in  Saint  Thomas  in  which  he  should  assert 
H.M.  right  to  the  Island  of  Saint  Johns,  and  therein 
acquaint  him  of  the  information  he  has  of  the  Settlement 
that  is  now  making  thereon  by  the  Danes,  and  to  forbid 
their  setling  on  that  Island  as  belonging  to  the  King  of 
Great  Britain,  and  that  in  case  they  persist  therein 
that  he  would  proceed  according  to  his  Instructions 
relating  thereto  in  order  to  preserve  the  said  Island  for 
H.M.  and  obstruct  their  Settlement,  and  that  H.E. 
would  be  pleased  to  acquaint  the  Secretary  of  State  and 
the  Lords  of  Trade  with  his  proceedings  therein.  A  true 
copy.  Signed,  Cha.  Hedges.  Same  endorsement.  2%pp- 
494.  ii.  Governor  Hamilton  to  the  Governour  in  St.  Thomas. 
Antigua,  April  5th,  1718.  Being  informed  that  you  have 
taken  possession  of  the  Island  of  St.  Johns  one  of  the  Virgin 
Islands  on  behalf  of  H.M.  the  King  of  Denmark,  and 
that  you  had  there  hoisted  his  flag,  and  are  now  erecting 
a  fortification  thereon  in  order  to  settle  the  same  for 
H.M.  the  said  King,  I  send  this  by  Captain  Hume  of 
H.M.S.  the  Scarborough  to  make  known  to  you  that  the 
said  Island  of  Saint  Johns,  with  all  other  the  Virgin 
Islands  is  the  right  of  my  Royal  Master  the  King  of 
Great  Britain,  on  whose  behalf  the  said  Capt.  Hume 
will  acquaint  you  that  you  are  not  on  any  terms  to 
proceed  on  the  setling  of  the  said  Island,  which  I  assure 
myself  you  will  not  refuse  to  comply  with  for  you 
cannot  but  know  that  the  King  of  Denmarke  has  no 


AMERICA  AND  WEST  INDIES.  235 

1718. 

good  title  even  to  St.  Thomas  itself  ;  so  that  if  you 
insist  on  setling  or  keeping  possession  of  the  said  Island 
of  St.  Johns  for  H.M.  of  Denmarke  it  will  oblige  me 
to  take  such  other  measures  as  are  agreable  to  my 
Instructions  in  order  to  obstruct  your  Settlement,  and 
to  preserve  the  sovereignty  of  that  and  the  other  Islands 
within  my  Government  for  my  said  Royal  Master. 
Signed,  W.  Hamilton.  Same  endorsement.  Copy.  1  p. 

494.  iii.  Governor  Hamilton  to  the  Governour  of  Porto  Rico. 

Antigua,  April  5th,  1718.  The  attacking  and  killing 
some  as  well  as  the  taking  seizing  and  carying  away 
others  of  the  subjects  of  the  King  my  Master  with  their 
goods  and  effects  from  Crabb  Island  with  an  armed  force 
from  the  Island  under  your  command  is  so  contrary  to 
the  faith  and  good  friendship,  which  ought  to  be  observed 
between  the  Crown  of  Great  Britain  and  Spain  in  this 
time  of  peace  and  tranquillity,  that  I  cannot  but  be 
highly  surprised  at  the  attempt,  and  therefore  I  do  by 
this  in  the  name  of  my  Royal  Master  the  King  of 
Great  Britain  demand  that  all  and  every  of  his  subjects, 
which  were  seized  taken  and  carryed  away  from  Crabb 
Island  be  immediately  released  and  set  at  liberty,  and 
that  all  the  negroes  goods  and  effects  of  what  kind  soever, 
which  were  then  taken  from  them  or  any  of  the  subjects 
of  the  said  King  my  Master  be  immediately  restored 
to  such  of  them  as  are  now  in  your  Government,  and 
that  they  be  permitted  to  come  and  bring  them  away 
without  further  let  or  molestation,  and  that  the  negroes 
goods  and  effects  of  those  that  are  absent  be  delivered 
to  the  bearer  Captain  Hume  of  H.M.S.  the  Scarborough 
whom  I  have  appointed  and  directed  to  demand  and 
receive  them  in  order  to  their  being  brought  and 
delivered  to  the  Proprietors.  I  persuade  myself  that 
you  cannot  doubt  but  that  Crabb  Island  is  unquestion- 
ably the  right  and  title  of  the  King  my  Master,  and 
therefore  I  have  reason  to  hope  that  you  will  not  fail 
to  do  the  justice  I  have  now  demanded  on  behalf  of 
his  subjects  etc.  Signed,  W.  Hamilton.  Same  endorse- 
ment. Copy.  1 J  pp.  [C.O.  152, 12.  Nos.  96, 96  i.-iii. ; 
and  (without  enclosures)  153,  13.  pp.  329,  330.] 

April  12.        495.     Mr.   Carkesse  to  Mr.   Popple.     Encloses  following  to 
Custom  House,  be  laid  before  the  Council  of  Trade  and  Plantations.     Cf.  Dec. 
London.      24,  1717.     Signed,  Cha.  Carkesse.     Endorsed,  Reed.  12th,  Read 
22nd  April,  1718.     Addressed.     I  p.     Enclosed, 

495.  i.  Extract  of  letter  from  Mr.  Dunbar,  Surveyor-General 

of  H.M.  Customs  in  Barbados,  Leeward  Islands  etc.  to 
the  Commissioners  of  Customs.  Antigua,  Dec.  20th, 
1717.  Prays  for  directions  in  the  matter  of  the  Act  of 
Antigua  prohibiting  the  importation  of  foreign  sugars, 
especially  the  growth  of  French  colonies  etc.  As  a  Member 
of  the  Assembly,  he  describes  the  arguments  for  and 


236  COLONIAL    PAPERS. 

1718. 


against  it : — It  was  warmly  reed,  by  some — the  Gentle- 
men Planters — and  as  violently  opposed  by  others, 
those  concerned  in  trade  or  well-wishers  to  it.  The 
Planters  urged  that  the  importation  of  sugar  lowered 
the  price  on  this  Island  and  overstocked  the  market  in 
England  and  consequently  sunk  the  price  of  it  there, 
that  by  an  open  trade  with  the  French  Islands  we 
supplyd  them  with  provisions  and  negroes  and  by  that 
means  assisted  our  great  rivals  in  the  making  of  sugar  to 
fix  and  extend  their  setlemts.  which  in  the  process  of 
time  woud  tend  to  a  manifest  injury  of  all  the  British 
sugar  Colonies.  The  traders  reply d  that  the  credit  of 
this  Island  had  been  long  ruind  by  keeping  up  here  the 
price  of  sugars  above  their  real  value,  that  it  could 
avail  no  man  to  sell  off  his  sugars  at  a  fourth  part  more 
than  they  were  worth,  when  whatever  was  purchased 
with  them  was  rais'd  by  the  trader  25  p.  cent  on  that 
very  account,  that  the  French  commonly  govern'd 
themselves  nearer  the  market  in  Europe  with  respect 
to  the  difference  of  excha.  which  certainly  ought  to  be 
the  standerd  of  ours,  and  therefore  the  price  of  sugar 
was  sunk  no  lower  than  it  should  be  and  the  importation 
of  other  sugars  could  be  no  injury  to  any  one  person, 
but  on  the  contrary  a  free  trade  was  a  very  great 
advantage  to  Britain  in  general  and  to  this  Island  in 
particular,  for  first  it  consumes  many  of  our  British 
manufacturys,  secondly  it  encourages  trade  and  naviga- 
tion to  English  subjects,  thirdly  it  makes  this  Island  a 
good  mart  for  negroes,  provisions  and  other  goods 
necessary  for  the  support  of  the  Collonies  and  con- 
sequently we  have  not  only  the  first  choice  of  any  of 
these  but  that  too  on  the  easiest  terms  ;  4th  the  con- 
course of  ships  which  this  draws  to  us  makes  the  freight 
low  of  our  sugars  home  an  advantage  of  itself  sufficient 
to  weigh  down  much  greater  inconveniencys  than 
that  of  lowering  the  price  of  our  sugars  here,  which  in 
truth  is  rather  an  imaginary  than  real  injury.  That 
as  to  the  over  stocking  the  market  in  England,  it  is  not 
the  consumption  at  home  but  the  demands  from  abroad 
that  keep  up  the  market.  Britain  alone  consumes  but 
a  smal  part  of  the  produce  of  these  Colonies,  and  the 
rise  of  sugars  always  depends  upon  the  encouragemt. 
there  is  for  the  exportation  of  it  and  while  Britain  con- 
tinues the  chief  mart  of  Europe  for  that  great  and  staple 
comodity  whereon  foreign  markets  have  often  their 
dependance  there  can  sure  be  no  danger  of  overstocking 
the  market  which  hitherto  has  risen  in  proportion  the 
better  it  was  stockd.  As  to  our  supplying  our  great 
Rival  etc.,  we  supply  them  now  only  in  part,  and  if  we 
frowardly  throw  that  part  out  of  our  hands,  the  Dutch 
stand  ready  to  take  it  into  theirs,  and  would  bless 
and  greedily  grasp  the  occasion  that  opend  their  way 


AMERICA    AND    WEST    INDIES. 


237 


1718. 


April  21. 
Whitehall. 


April  23. 


April  23. 

Whitehall. 


April  23, 

Whitehall. 


to  a  branch  of  trade  they  have  long  secretly  envied  us 
etc.  The  Bill  strips  H.M.  Revenue  of  the  duty  of  4J  p.c. 
on  the  exportation  here  and  that  on  the  importation 
in  England.  It  is  repugnant  to  the  oth  and  6th  Articles 
of  the  Treaty  of  Commerce,  1686,  whereby  vessels  of 
either  Crown  in  case  of  want  or  disaster  are  permitted 
to  refit  etc.,  whereas  this  Act  strictly  forbids  all  French 
vessels  let  their  wants  and  necessitys  be  never  so  urgent 
so  much  as  to  approach  any  creek  bay  or  harbour  or 
presume  to  anchor  in  or  about  this  Island  on  any  pre- 
tence whatsoever  etc.  What  regard  Officers  of  the 
Customs  ought  to  have  to  an  Act  that  directly  opposes 
a  publick  Treaty,  I  am  ignorant  of  etc.  3|  pp.  \C.O. 
152,  12.  Nos.  77,  77  i.  ;  and  (without  enclosure)  153, 
13.  pp.  283,  284.] 

496.  Earl  Stanhope  to  the  Council  of  Trade  and  Plantations. 
The  King  approves  of  proposal  of  3rd  March,  etc.,  and  signifies 
his  pleasure  that  Richard  West  Esqr.  one  of  his  Council  at  Law 
be  the  person  whom  you  shall  consult  upon  all  matters  of  law, 
which  you  do  not  conceive  to  be  of  that  importance  as  to  require 
the    opinion    of    His    Attorney    or    Solicitor   General.     Signed, 
Stanhope.     Endorsed,   Reed.,    Read    23rd   April,    1718.     if  pp. 
[(7.0.  388,  77.     No.  39.] 

497.  Representation   of   the   Marquis   de   Wignacourt   and 
others  to  the  Council  of  Trade  and  Plantations.     Shewing  H.M. 
past    right    and    title    to    the    land    unjustly    claim 'd    by    the 
Massachusets,  between  Main  and  Nova  Scotia,  190  miles  in  length 
and  in  breadth  ;    And  if  settled  under  H.M.  Government  (as  is 
propos'd  to  be)  the  Quit-rent  thereof  will  be  worth  to  the  Crown 
more  than  90,000/.  sterling  per  annum,  besides  supplying  H.M. 
with    Naval    Stores    etc.     Signed,    Le    Marquis    de   Wignacourt 
Franconville,  William  Birkhead,  J.  de  la  Menardiere,  Du  Jary, 
Daniel    Pelisson.     Endorsed,    Reed.,     Read    23rd  April,     1718. 
Printed.     3J  large  folio  pp.     [C.O.  5,  866.     No.  145.] 

498.  Mr.  Popple  to  Sir  Wm.  Thomson.     Encloses  preceding. 
Continues  : — The  Council  of  Trade  and  Plantations  desire  you 
to  consider  the  same  with  all  convenient  dispatch  ;    and  to  let 
them  know  whether  you  have  anything  to  add  to  your  former 
report  on  this  matter.     [C.O.  5,  915.     p.  114.] 

499.  Order  of  Council.     Referring  following  to  the  Council 
of   Trade    and   Plantations   for   their   report.     Signed,   Robert 
Hales.     Endorsed,  Reed.  2nd,  Read  6th  May,  1718.     1  p.     En- 
closed, 

499.  i.  Petition  of  Merchants  trading  to  New  York,  in  behalf  of 
themselves  and  others  inhabiting  in  the  said  Province, 
to  the  King.  Pray  that  the  Governor  of  New  York  may 
be  directed  to  stay  all  proceedings  on  the  Act  for 
paying  several  debts  (v.  April,  9th)  and  to  transmit  the 


238 


COLONIAL    PAPERS. 


1718. 

same  forthwith  for  H.M.  consideration  etc.  The  Act 
is  looked  upon  as  a  very  great  hardship,  providing  for 
several  old  demands  which  were  disallowed  by  former 
Assembly s  when  large  sums  were  granted  for  the  de- 
fraying the  publick  debts  and  time  sufficient  allowed  for 
all  claims  to  be  brought  in  which  accordingly  were  done 
and  the  same  adjusted  to  June  1st,  1714,  and  provision 
made  to  prevent  the  Colony  from  being  in  debt  for  the 
future.  Yet  this  Act  grants  large  sums  unto  the 
Governor  Council  and  Assembly  in  an  unwarrantable 
manner,  which  summs  and  to  whom  granted  is  set  forth 
in  the  body  of  the  bill.  The  proceedings  on  the  said 
bill  in  the  Assembly  was  not  printed  as  usuall  (altho  a 
printer  is  paid  by  the  publick  for  those  purposes)  so 
that  the  carrying  on  the  same  could  not  be  fully  trans- 
mitted to  us  etc.  Signed,  Thomas  Pitt  and  19  others. 
Copy.  2  pp.  [C.O.  5,  1051.  Nos.  66,  66  i.  ;  and 
(without  enclosure)  5,  1124.  p.  23.] 

April  23.        500.     Council  of  Trade  and  Plantations  to  Governor  Hunter. 

Whitehall.  Acknowledge  letter  of  27th  [?  20th]  Janry.  last  and  inform  him 
of  following.  Enclose  order  of  20th  March.  "  Our  Secry.  will 
acquaint  you  more  particularly  with  the  state  of  that  matter." 
Enclose  Solicitor  General's  opinion,  April  1st.  Refer  to  opinion 
of  Sir  Edwd.  Northy  late  Attorney  General  upon  the  Act  for  the 
better  settlement  of  lands  etc.  (March  12th),  etc.  Continue : — 
Therefore  we  do  not  think  it  proper  at  present  to  lay  it  before 
H.M.  for  his  disallowance.  But  if  the  Assembly  will  pass  a  new 
Act  for  repealing  this  whereby  the  persons  who  have  purchased 
under  the  security  of  this  Act  of  1710  may  be  safe,  and  the  new 
law  not  liable  to  any  other  objections,  we  think  you  may  give 
your  assent  to  such  law,  provided  there  be  a  clause  in  it,  declaring 
that  it  shall  not  be  in  force  till  H.M.  pleasure  is  known.  We 
take  notice  of  what  you  write  concerning  the  Act  for  paying  the 
remainder  of  all  publick  debts,  and  we  wish  you  had  been  more 
particular  in  your  observations  upon  it,  which  would  have  been 
of  use  to  us,  there  being  a  caveat  lodged  in  our  Office  in  the  name 
of  some  merchants  here,  and  others  residing  at  New  York  against 
confirming  that  Law.  When  the  Act  comes  we  shall  consider  it, 
together  with  the  objections  that  will  be  then  made  against  it. 
[C.O.  5,  1124.  pp.  20,  21  ;  and  (corrected  draft)  5,  1079.  No.  99.] 

April  23.  501 .  Same  to  the  Lords  of  the  Committee  for  hearing  appeals 
Whitehall.  e£Cf  from  the  Plantations.  Enclose  papers  lately  received  from 
Brigadier  Hunter  relating  to  Mr.  Mulford's  complaints,  and  Mr. 
Solicitor  General's  opinion.  Your  Lordships  will  perceive  by 
enclosed  papers  what  opinion  the  inhabitants  of  New  York  have  of 
Brigr.  Hunter's  conduct  in  his  Governmt.  (v.  20th  Jan.  and  1st 
April).  Enclosed, 

501.  i.  List  of  papers  received  by  the  Council  of  Trade  from 
Governor  Hunter  relating  to  Mr.  Mulford.  [C.O.  5, 
1124.  p.  22  •  and  5,  1079.  Nos.  100,  101.] 


AMERICA  AND  WEST  INDIES. 


1718. 
April  23. 

Whitehall. 


502.     Earl  Stanhope  to  the  Council  of  Trade  and  Plantations. 
Copy  of  No.  496.     [C.O.  389,  37.      pp.  150,  151.] 


April  24. 

Treasury 
Chambers. 


503.  Mr.  Lowndes  to  Mr.  Popple.  A  petition  having  been 
presented  to  the  Lords  Commissioners  of  H.M.  Treasury  by 
William  Tavernor  for.  allowances  for  surveying  the  late  French 
part  of  Newfoundland,  desires  a  certificate  of  his  services  etc. 
Signed,  W.  Lowndes.  Endorsed,  Reed.  24th,  Read  29th  April, 
1718.  Addressed.  1  p.  [C.O.  194,  6.  No.  46;  and  195,  6. 
p.  393.] 


April  24.  504.  Richard  Shelton  to  Mr.  Popple.  In  reply  to  3rd  April 
encloses  following.  Signed,  Ri.  Shelton.  Endorsed,  Reed.,  Read 
30th  April,  1718.  f  p.  Enclosed, 

504.  i.  Extract  of  letter  from  Governor  Johnson  to  Mr.  Shelton. 
Charles  Town,  15th  Feb.,  1717(18).  Several  of  the 
heads  of  the  Creek  Indians  have  been  with  me  to  offer 
peace,  and  have  been  kindly  receiv'd  and  sent  back  ; 
'tis  reported  from  St.  Augustin,  as  if  they  had  made 
peace  with  the  Cherikees,  if  so,  we  are  deeper  ingag'd 
than  ever,  but  we  hope  the  best,  and  as  it  is  only  conjecture 
I  hope  by  the  next  to  give  you  a  better  account.  J  p. 
[C.O.  5,  1265.  Nos.  97,  97  i.  ;  and  (without  enclosure) 
5,  1293.  p.  147.] 


April  25.  505.  Mr.  Shelton  to  Mr.  Popple.  Reply  to  9th  April.  I  do 
assure  you  the  Lords  Proprietors  do  not  know  that  any  such  law 
was  ever  pass'd,  and  if  any  such  law  should  be  propos'd  there 
the  Lords  will  repeal  it  here  and  give  your  Board  notice  of  it. 
Signed  and  endorsed  as  preceding,  f  p.  [(7.0.5,1265.  No.  98.] 


April  26.  506.  Anonymous  letter  to  Mr.  Popple.  There  has  been  laws 
sent  from  Pensilvania  several  times  in  which  even  in  capital 
cases  an  affirmacon  was  allowed  to  be  taken  instead  off  an  oath 
but  as  often  as  such  laws  have  been  presented  they  were  rejected, 
yet  notwithstanding  the  Assembly  upon  receipt  of  the  Crown's 
negative  always  proceed  anew  to  reenact  ye  same  law  and  about 
six  years  agoe  they  have  pass'd  another  Affirmacon  Act  without 
the  name  of  God  being  menconed  in  the  affirmacon  this  Act  they 
still  keep  under  their  thumb  and  will  not  produce  it  for  the 
Royal  assent  till  they  are  forced  to  it  because  they  (&)now  it 
will  be  damn'd  then,  but  till  they  present  it,  it  will  be  in  force, 
etc.  Endorsed,  Reed.,  Read  6th  May,  1718.  Addressed.  Post- 
mark. 1  p.  [C.O.  5,  1265.  No.  101.] 


[April  26.]       507.      Governor  Philipps  to  the  Council  of  Trade  and  Planta- 
tions.    According  to  your  Lordships  commands,  I  humbly  offer 


240  COLONIAL  PAPERS. 

1718. 

my  oppinion  on  the  several  articles  of  my  memorial  (v.  21st 
Feb.).  (i.)  As  to  Newfoundland  trade  and  Governmt.,  I  doe 
agree  that  the  necessity  of  makeing  any  alteration  therein 
turns  intirely  upon  whether  settlements  there  are  to  be  incouraged 
or  not.  The  chief  objection  I  take  to  be  that  the  people  of  New 
England  benefitt  more  from  them  then  the  subjects  of  Brittain 
this  is  matter  of  fact  and  can  only  be  remedy'd  by  makeing  a 
monopoly  of  that  fishery  in  favour  of  the  latter,  or  the  Marchants 
contracting  a  year  beforehand  for  all  the  fish  that  shall  be  catch'd 
the  season  folio  wing,  or  by  prohibitting  the  retaile  of  all  como- 
dity's  brought  thither  in  New  England  bottoms,  etc.  (ii.)  Your 
Lordships'  opinion  inclining  to  the  report  of  the  Board  of  Ord- 
nance that  both  garrison  and  fortifications  of  Placentia  may  be 
reduced,  I  must  pray  you  to  observe  that  the  first  is  already  re- 
duced by  the  present  establishment  to  less  than  half  its  numbers. 
If  you  think  it  may  (with  security)  be  reduced  to  50  or  60  men,  the 
suppernumry.  will  be  very  useful  in  Nova  Scotia  to  garrison  the 
forts  thought  necessary  to  be  built  there,  etc.  As  to  the  forti- 
fications, it  is  submitted  whether  the  old  may  be  repaired  or  the 
new  built  with  the  least  expence.  Something  must  be  done 
this  summer  to  preserve  the  poor  men  and  their  provisions  from 
the  severity  of  the  winter  etc.  (iii.)  The  best  and  only  method 
to  secure  the  allegiance  of  the  French  inhabitants  of  Nova  Scotia, 
is  to  give  all  possible  incouragement  towards  settleing  that 
country  from  these  Kingdoms,  by  grants  or  publick  advertise- 
ments to  lett  people  know  that  there's  settlements  intended  in 
that  country,  where  property es  will  be  given  the  Adventurers, 
setting  forth  the  goodness  of  that  soyle  and  climate,  the  advantages 
of  trade  with  assureances  of  all  due  protection  from  the  Crown. 
And  if  transportation  could  be  allowed  them  it  would  be  a  great 
inducement  to  poore  family  es  to  go  thither  and  in  the  mean 
time  to  lett  these  French  see  that  the  Go  verm  t.  is  in  ernest  to 
take  care  of  that  countrey  by  repaireing  its  fortifications, 
(iv.)  Proposes  presents  to  the  Indians  to  the  value  of  5  or  £600. 
(v.)  Commissioners  to  be  appointed  to  adjust  the  bounds 
according  to  the  late  Treaty's  etc.  etc.  Articles  vi.-ix.  21st  Feb. 
expounded.  Signed,  R.  Philipps.  Endorsed,  Reed.  26th,  Read 
29th  April,  1718.  6  pp.  [C.O.  217,  2.  No.  46;  and  218,  1. 
pp.  343-350.] 

April  28.  508.  Anonymous  letter  to  Mr.  Popple.  In  the  late  King's 
London,  time  Mr.  Penn  agreed  to  surrender  his  right  to  the  governmt.  of 
Pensilvania,  with  all  the  fines  and  perquisites  thereof,  for  £12,000, 
but  never  sign'd  the  surrender,  tho  part  of  the  money  has  been 
paid  him.  You  will  have  transmitted  to  you  severall  laws  from 
Pensilvania,  in  some  of  which  the  fines  are  granted  to  the  Town  of 
Philadelphia  and  also  the  power  of  granting  licences  to  publick 
houses  is  vested  in  the  Justices  contrary  to  the  method  of  the 
Plantacons,  and  divesting  the  Governmt.  thereby  of  another  very 
considerable  proffit  in  prejudice  of  Mr.  Penn's  design'd  grant  of 
them  to  the  Crown  as  he  was  obliged  to  [?  by]  the  above  menconed 
agreement  and  wch.  indeed  will  be  effectually  made  void  if  those 


AMERICA  AND  WEST  INDIES.  241 

1718. 

laws  obtain  the  Royall  Fiat  by  the  King's  own  act,  etc.  Signed, 
A.  B.  Endorsed,  Reed.,  Read  6th  May,  1718.  Addressed. 
Postmark.  2  pp.  [C.O.  5,  1265.  No.  100.] 

April  28.        509.     H.M.   Warrant  confirming  to   William   Congreve   the 
Kensington.   Office  of  Secretary  of  Jamaica  during  his  life.     Countersigned, 
J.  Craggs.     [C.O.  324,  33.    pp.  164,  165.] 

[April  29.]  510.  Petition  of  Capt.  James  De  Leuze  to  the  Council  of 
Trade  and  Plantations.  Edmund  Helot  died  at  St.  Christophers 
in  1680  seized  of  considerable  estate  real  and  personal. 
Stephen  Duport  possessed  himself  thereof  upon  marrying  his 
widow.  Upon  the  breaking  out  of  the  war  with  France  in  1689 
Mr.  Duport  retired  for  England,  and  Mrs.  Duport  put  herself 
and  the  estate  of  Mr.  Helot  into  the  protection  of  the  French 
who  soon  after  took  the  English  part  of  St.  Christophers.  The 
English  reduced  St.  Christophers  in  1690  and  the  inhabitants 
who  submitted  to  K.  William  were  restored  to  everything  that  was 
found  to  belong  to  them.  Mrs.  Duport  having  farmed  her  estate 
to  a  Frenchman  and  retired  to  France  (Mr.  Duport  being  taken 
at  sea  and  carried  there)  her  negroes  and  movable  effects  together 
with  those  of  Mr.  Helot's  children  were  seized  and  sold  by  the 
Army.  Mr.  Duport  hearing  that  St.  Christophers  was  reduced 
returned  from  France  intp  England,  and  did  obtain  H.M.  order 
to  be  restored  to  the  whole  estate  that  could  be  found,  but  reaped 
little  benefit  thereby  the  persons  who  had  bought  the  negroes 
having  sold  them  off  the  Islands  for  Jamaica.  Mr.  Duport 
petitioned  Her  late  Majesty  that  he  might  be  considered  for  the 
great  losses  sustained  by  him  as  he  pretended  in  1689,  but  in 
truth  were  in  1690.  His  petition  and  accompt  were  laid  before 
the  Council  of  Trade  and  Plantations.  He  is  soliciting  the  said 
losses  to  be  paid  him  out  of  the  late  French  lands  of  St. 
Christophers.  Memorialist  is  married  to  the  only  surviving 
child  of  Mr.  Helot,  who  was  an  infant  under  the  care  of  her  mother 
when  the  said  losses  were  sustained,  which  chiefly  were  the 
effects  of  Mr.  Helot.  Petitioner  prays  for  such  part  of  any  repara- 
tion that  may  be  ordered  as  belongs  to  his  wife  and  for  a  copy  of 
Mr.  Duport's  accompt.  Endorsed,  Reed.,  Read  29th  April,  1718. 
Upp.  [C.O.  152,  12.  No.  78.] 

April  30.  511 .  Mr.  Solicitor  General  to  Mr.  Popple.  Reply  to  April  23. 
I  have  perused  the  representation  (Apr.  23),  and  I  find  no.  legall 
answer  to  the  express  grant  of  K.  Wm.  to  the  Massachusetts 
of  that  tract  of  land  so  that  I  have  nothing  more  to  trouble  their 
Lordships  with,  in  this  matter.  Signed,  Wm.  Thomson.  En- 
dorsed, Reed.,  Read  2nd  May.  \  p.  [C.O.  5,  866.  No.  146  ; 
and  5,  915.  p.  115.] 

April  30.        512.     Mr.  Popple  to  Mr.  Marsh.     The  Council  of  Trade  and 

Whitehall.     Plantations  have  for  some  time  expected  to  hear  from  you  when 

the  petitions  against  the  Act  of  Antigua  to  indemnify  Anthony 

Brown  etc.  would  be  ready  etc.     They  think  it  necessary  to  make 

Wt.  441.  C.P.  16. 


242 


COLONIAL    PAPERS. 


1718. 


April  30. 

Whitehall. 


May  1. 

Whitehall. 


May  2. 

Whitehall. 


a  report  as  soon  as  may  be  upon  H.M.  Order  of  Reference.     [G.O. 
153,  13.     pp.  284,  285.] 

513.  Same  to   Mr.   Priswick.     The   Council   of  Trade   and 
Plantations  desire  to  hear  what  Col.  Codrington  has  to  offer  upon 
his  petition  referred  to  them  29th  Aug.  etc.     If  he  desires  to  be 
heard  by  Council,  you  will  please  to  let  me  know  it,  that  H.M. 
Attorney  and  Sollicitor  Genl.  may  have  notice  to  attend  in  behalf 
of  the  Crown.     [(7.0.  153,  13.    pp.  285,  286.] 

514.  Council  of  Trade  and  Plantations  to  the  King.     Quote 
Col.  Rhett,  20th  March.      Continue  : — Altho  we  do  not  find  the 
said  Law  [of  Carolina]  has  hitherto  been  transmitted  to  the 
Lords  Proprietors  for  their  approbation,  yet  considering  the  ill 
consequence  of  such  an  Act,  and  that  it  is  of  force  till  repealed, 
we  thought  it  necessary  to  have  the  opinion  of  your  Majesty's 
Solr.   Genl.  in  relation  to  the  said  Act  quoted  (v.  April  5th). 
Agreeable  to  this  likewise  was  the  opinion  of  Sir  E.  Northy  and 
Sir  Simn.  Harcourt  in  1706  quoted,  [v.  C.S.P.  1706.   Nos.  328,  366.] 
Considering  therefore  that  this  Law  is  in  force  till  it  shall  be 
repealed,  we  most  humbly  offer,  that  your  Majesty's  pleasure  be 
signify'd    to    the    Lords    Proprietors    of    Carolina,    that    they 
immediately  send  over  to  that  Province  their  disallowance  of 
the  same,  with  directions  to  their  Govr.  there  never  to  give  his 
assent  to  any  law  of  the  like  nature  for  the  future.     [C.O.  5, 
1293.     pp.  148,  149.] 

515.  Same  to  Same.    We  have  received  a  Representation  of 
several  Roman  Catholick  inhabitants  of  your  Majesty's  Island 
of  Antegoa  against  an  Act  to  prevent  the  increase  of  Papists  and 
Nonjurors  etc.     Quote  its  provisions  and  effects  from  4th  Jan. 
Conclude  : — We  beg  leave  to  represent  to  your  Majesty  that 
tho'  the  Assembly  might  have  reason  to  make  an  Act  to  prevent 
the  increase  of  Papists  in  that  Island,  and  to  lay  some  restraint 
on  those  already  setled  there,  yet  we  cannot  but  think  it  very 
unjust  to  banish  them  all  out  of  the  Island  as  is  intended  by  this 
Act,  without  charging  them  with  any  crimes,  by  which  they  might 
have  deserved  such  a  punishment ;    And  it  seems  to  us  that  it 
would  have  been  more  proper,  only  to  subject  the  Papists  who 
were  already  setled  in  that  Island  to  such  penalties  as  might 
effectually  prevent  their  being  hurtfull  to  the  Governmt.  there, 
but  to  leave  them  the  liberty  of  exercising  their  trades  and 
enjoying  their  estates,  provided  they  take  the  oaths  of  Allegiance 
and  Abjuration  and  behave  themselves  with  duty  to  the  Govern- 
ment ;    And  we  are  the  more  inclined  to  be  of  this  opinion  by 
observing  in  the  Minutes  of  the  Council  of  Antegoa,  that  the 
Lieut.    Governor   of   that   Island   a   Gentleman   of   very   good 
character  and  of  unquestioned  zeal  for  your  Majesty's  Governmt., 
as  well  as  another  Member  of  the  Council,  refused  their  consent 
to  the  passing  this  Act,  and  that  the  whole  Council  did  recommend 
to  the  Assembly  to  insert  in  it  a  clause  in  favour  of  some  particular 
Roman  Catholicks  in  consideration  of  their  good  services  to  the 


AMERICA    AND    WEST    INDIES.  243 

1718. 

Island  which  was  not  complyed  with  ;  Wherefore  we  are  humbly 
of  opinion,  that  your  Majesty  may  declare  your  disallowance  of 
the  aforesaid  Act.  [(7.0.  153,  13.  pp.  287-290.] 

[May  2.]  516.  Merchants  trading  to  New  York  to  the  Council  of 
Trade  and  Plantations.  In  behalf  of  themselves  and  others 
inhabiting  said  Province,  petition  as  April  23rd,  concerning 
Act  for  paying  debts  etc.  Great  care  was  taken  by  the  Assembly 
not  to  print  the  proceedings  on  the  same  as  usual.  The  Grand 
Inquest  for  the  City  and  County  of  New  York,  addressed  the 
Governor  by  setting  forth  how  prejudicial  the  passing  of  the 
bill  would  be  to  the  trade  and  credit  of  the  Province.  To  their 
great  surprise  their  Address  was  laid  before  the  Assembly  by  the 
Governour,  and  the  Assembly  ordered  their  Sergeant  at  armes 
to  take  the  Grand  Jury  into  custody  and  bring  them  to  the 
barr  of  their  House.  The  Grand  Jury  was  charged  with  many 
perticulars  read  to  them  by  the  Speaker,  they  desired  a  copy  of 
the  same  but  it  was  refused  them  this  prosecution  was  carryed 
on  with  a  great  deal  of  violence  in  the  Assembly  by  Lewis  Morris 
Esq.  sole  Judge  of  the  Supream  Court  etc.  The  law  is  detrimental 
to  the  trade  of  the  inhabitants  because  (i.)  most  of  the  sums  to 
be  paid  are  for  claims  not  thought  to  have  sufficient  grounds 
to  be  brought  forward  5  years  ago,  when  Commissioners  were 
appointed  for  that  purpose,  or  then  rejected,  (ii.)  One  third 
of  the  moneys  to  be  paid  is  to  the  Governour  Councill  and 
Assembly  couched  under  the  terms  of  incidents  and  services 
etc.  (iii.)  It  will  give  a  handle  ever  after  for  designing  men  to 
introduce  presents  to  themselves  etc.  (iv.)  It  will  render  the 
support  of  the  Government  very  precarious  by  a  further  appro- 
priation and  anticipation  of  the  Excise  which  is  the  most  solid 
part  of  H.M.  Revenue,  (v.)  It  will  sink  the  credit  of  the  Province 
by  issuing  bills  of  credit  for  such  considerable  sumes  upon  a 
fund  already  anticipated  21  years  by  a  former  Act,  merchants 
being  forct  to  take  the  same  in  payment  when  they  are  of  little 
worth,  (vi.)  It  will  incourage  designing  men  to  enter  into  such 
measures  again  and  set  up  new  claimes  and  lay  further  dutys 
on  trade  which  they  seem  inclinable  to  do.  (vii.)  The  multi- 
plying of  paper  money  prevents  the  currency  of  silver  and  gold 
for  whilst  the  former  is  in  being  the  other  is  kept  up  so  that  the 
traders  cannot  remitt  in  gold  or  silver  as  usuall,  neither  is  it 
to  be  gott  under  10  p.c.  more  than  usuall  whilst  paper  money  is 
circulating,  (viii.)  Part  of  the  paper  money  to  be  struck  is 
appropriated  for  uses  in  future  and  part  to  remain  as  a  stock 
in  the  Treasurer's  hands,  neither  of  which  falls  under  the  title 
of  the  Act,  part  of  the  latter  is  intended  to  run  lines  between  New 
York  and  New  Jerseys.  If  so,  it  is  humbly  hop'd  due  care  may  be 
taken  that  no  part  of  New  York  province  be  laid  to  that  of  the 
New  Jerseys,  the  merchants  of  Great  Britain  preferring  the 
trade  of  a  Collony  under  the  Crown  to  that  under  Proprietors, 
(ix.)  and  unless  due  care  be  taken  that  H.M.  Dominions  in  the 
sd.  Province  be  preservd,  and  that  Richmond  County  and 
Minnesincks  and  other  places  in  Orange  County,  esteemed  as 


244  COLONIAL    PAPERS. 

1718. 

part  of  New  York  upwards  of  50  years,  great  quitt  rents  will 
be  lost  to  the  Crown  etc.  Signed,  Charles  Lodwiek,  John  Lloyd, 
and  six  others.  Endorsed,  Reed.  2nd,  Read  6th  May,  1718. 
4|  pp.  Enclosed, 

516.  i.  Representation  of  the  Grand  Jury  of  the  City  and 
County  of  New  York  to  Governor  Hunter.  Nov.  29, 
1717.  Pray  H.  E.  to  withhold  his  consent  to  the  Act 
for  paying  debts  etc.,  it  being  offered  upon  terms  of 
issuing  bills  of  credit,  upon  so  precarious  a  fund,  which 
will  weaken  credit  "  and  be  attended  with  the  worst 
of  consequences  to  this  now  thriving  Colloney,  and  which 
has  been  so  destructive  to  some  others  of  H.M.  Planta- 
tions "  etc.  Signed,  Stephen  De  Lancey,  Henry  Lane, 
Phillip  Cortlandt,  William  Smith,  Barent  Reynders, 
Jos.  Robinson,  Geo.  Emott,  John  Read,  Samll.  Provoost, 
John  Moore,  Phillip  Schuyler,  Henry  Cuyler,  Augustus 
Jay,  John  Rolland,  William  Walton,  Robt.  Lurting, 
H.  V.  D.  Spiegel,  Robt.  Watts. 

On  5th  Dec.  the  above  were  brought  to  the  Bar  of  the 
House  etc.  ut  supra.  They  replied  :  "  Wee  are  humbly 
of  opinion  that  the  bill  being  passed  this  honourable 
House  wee  could  not  more  properly  apply  than  to 
H.E.  etc.  without  the  imputation  of  contempt  to  the 
other  two  parts  of  the  Legislature."  Endorsed,  Reed, 
from  Mr.  Lodwiek,  2nd,  Read  6th  May,  1718.  2J  pp. 
[C.O.  5,  1051.  Nos.  67,  68.] 

[May  2.]  517.  Extract  of  a  letter  from  the  Committee  of  Correspon- 
dence at  Barbados  to  the  Agents  in  England.  Arguments  in 
favour  of  confirmation  of  the  law  (1715)  impowtfring  licentiate 
lawyers  to  practice  as  barristers  etc.  v.  18th  June.  Endorsed, 
Read  2nd  May,  1718.  3J  pp.  [C.O.  28,  15.  No.  33.] 

May  3.  518.  Governor  Hunter  to  the  Council  of  Trade  and  Planta- 
tions. Encloses  Minutes  of  Council  and  Acts  of  Assembly  of 
New  York,  "  of  which  one  only  wants  observation  that  is  the 
act  for  payment  of  the  remainder  of  the  publick  debts  of  this 
Province . ' '  Continues :  — those  who  on  your  side  clamoured  against 
the  last  gave  for  their  reasons  this  amongst  the  rest  that  many  were 
left  out  who  had  just  claims,  now  that  all  such  are  paid  I  can  with- 
out the  help  of  the  second  sight  foretell  that  the  same  persons  will 
say  that  now  many  are  paid  who  ought  not  to  have  been  so, 
for  in  the  first  place  I  must  inform  your  Ldships  that  a  great 
part  of  the  sum  given  by  that  act  is  for  the  payment  of  what  is 
due  to  such  persons  (or  their  heirs)  as  appeard  and  continued 
for  a  considerable  time  under  arms  in  favour  of  the  happy 
Revolution  here  and  at  Albany  for  which  service  til  now  they 
never  could  receive  any  consideration  tho'  it  was  apparent  that 
they  zealously  underwent  that  service  to  their  great  loss  and 
danger  as  also  by  this  act  all  such  are  paid  as  had  at  that  time 
any  good  arms  or  ammunition  or  provisions  taken  from  them 
for  the  uses  of  the  several  Garrisons,  there  are  also  given  certain 


AMERICA     AND     WEST     INDIES.  245 

1718. 

sums  for  publick  uses  which  were  absolutely  and  immediately 
requisite  such  as  repairing  the  Custom  house,  the  Secretary's 
office,  Agent's  salary,  running  the  division  lines  twixt  this  and 
the  adjacent  Provinces,  an  allowance  for  the  past  extraordinary 
and  incidental  expences  of  Govt.  for  which  nothing  had  been 
given  in  any  former  act,  (they  must  be  wrought  upon  by  degrees, 
he  that  thinks  he  can  doe  everything  at  once  knows  little  of 
popular  Assemblys)  and  many  more  your  Lordships  will  observe 
in  the  perusal  of  the  act  its  self,  the  Excise  by  that  is  continued 
five  years  longer  as  a  fund  for  sinking  the  bills  of  credit  struck 
on  this  occasion  or  rather  as  a  farther  security  for  their 
being  sunk  for  it  is  apparent  that  the  Excise  its  self  in 
the  term  for  which  it  is  given  in  the  former  act  with  the  other 
funds  given  in  this  will  goe  near  to  sink  these  bills  without  the 
help  of  that  five  years  continuation.  I  have  formerly  troubled 
yr.  Ldships.  about  a  Commission  for  trial  of  pirates  that  of  King 
William's  expireing  with  the  Act  upon  which  it  was  founded 
these  pirates  are  still  in  prison  here  and  since  the  promulgation 
of  H.M.  gracious  pardon  there  are  but  four  of  that  band  come 
into  this  Province  and  as  far  as  we  have  learned  very  few  to 
any  other.  Signed,  Ro.  Hunter.  Endorsed,  Reed.  24th,  Read 
25th  June,  1718.  3  pp.  Enclosed, 

518.  i.  List  of  14  Acts  passed  at  New  York.  Same  endorse- 
ment. 2%  pp.  [(7.0.  5,  1051.  Nos.  69,  69  i.  ;  and 
(without  enclosure)  5,  1124.  pp.  26-28.] 

May  3.         519.     Extract  of  letter  from  Governor  Hunter  to  Mr.  Philips. 

New  York.  Describes  opposition  to  Act  for  paying  debts  etc.  and  its  provisions. 
Concludes  : — If  any  mention  should  be  made  of  my  artticle 
in  that  Bill ;  it  is  really  for  what  is  there  named  ;  that  is,  the 
extraordinary 's  or  incidents  of  Government,  for  which  there 
has  not  been  one  farthing  allowed  in  their  former  bills  :  and  every 
man  of  them  is  sensible,  that  the  allowance  is  much  short  of  the 
real  expence.  These  bills,  however,  are  now  current  all  over  these 
Provinces  ;  and  without  a  general  ruin  cannot  be  damned. 
Endorsed,  Reed.  — ,  1718,  Read  16th  Aug.,  1720.  Copy.  2f  pp. 
[C.O.  5,  1052.  ff.  36,  37.] 

May  3.          520.     Governor  Hunter  to  the  Council  of  Trade  and  Planta- 

N.  York,      tions.     The  New  Jersey  affairs  require  but  little  room,  in  the 

main  all  is  easy  and  like  to  continue  so,  in  spite  of  the  continued 

endeavours  of  these  restless  men  who  had  missled  the  people,  of 

which  they  are  now  sensible.     I  mett  the  Assembly,  but  it  being 

their  busy  seed  time  I  let  them  adjourn  til  the  fall  etc.     They  have 

given  me  all  possible  assurances  of  settling  a  Revenue  for  a  longer 

term   at  their  next   meeting.     Has  appointed  John  Johnston 

junr.  and  John  Parker  Councillors  for  the  Eastern  Division,  and 

Peter  Tretwell  and  John  Hugg,  Quakers  both,  for  the  Western,  etc. 

Set  out,  N.J.  Archives,  1st  Ser.  IV.,  363.     Signed,  Ro.  Hunter. 

Endorsed,  Reed.  24th,  Read  26th  June,  1718.     2  pp.     Enclosed, 

520.  i.  Message  of  Governor  Hunter  to  the  Assembly  of  New 

Jersey,  Amboy,  19th  April,  1718.     Copy.     If  pp. 


246  COLONIAL    PAPERS. 

1718. 

250,  ii.  Speech  of  Same  to  Same.  Endorsed  as  covering  letter. 
Copy.  1  p. 

250.  iii.  Address  of  Assembly  of  New  Jersey  to  Governor 
Hunter.  Request  for  adjournment.  It  is  highly  grate- 
ful to  us  that  H.M.  has  expressed  himself  well  pleased 
with  your  Excies.  administration  etc.  Copy.  If  pp. 
[0.0.  5,  971.  Nos.  74,  74i.-iii.  ;  and  (without  enclosure*) 
5,  995.  pp.  442,  443.] 

May  3.         521.     Mr.  Marsh  to  Mr.  Popple.     Prays  for  coppy  of  Minutes 
Haberdashers  of  Council  of  Antigua  relatemg  to  the  suspension  of  Mr.  Morris 
Hall-        etc.    Signed,  Jo.  Marsh.     Endorsed,  Reed:  3rd,  Read  6th  May, 
1718.     I  p.     [0.0.152,12.     #0.80.] 

May  3.  522.  Governor  Sir  N.  Lawes  to  the  Council  of  Trade  and 
Jamaica.  Plantations.  I  have  the  honour  by  this  first  opertunity  since 
my  arrival  to  acquaint  yor.  Lordships,  that  after  a  very  agreeable 
passage,  I  had  my  Commission  publish 'd  on  the  26th  past  at 
the  usual  places,  which  was  perform'd  with  great  solemnity, 
and  a  general  satisfaction  appear 'd  among  the  inhabitants.  Your 
Lordps.  will  be  sensible,  the  ceremony  and  hurry,  usual  on  the 
like  occasions  has  prevented  as  yet  my  near  inspection  into  the 
civil  affairs  and  circumstances  of  my  Government,  in  which  for 
the  future  I  shall  not  be  wanting  etc.  I  have  had  several  informa- 
tions given  me  of  pyrates,  who  lye  lurking  in  and  about  the 
windward  passage,  and,  as  the  merchants  tell  me,  have  lately 
plunder 'd  and  taken  upwards  of  30  sail  of  ships  and  vessells, 
trading  to  and  from  this  Island.  I  shall  not  trouble  your  Lordps. 
at  this  time  with  any  further  particulars,  but  to  desire  that  during 
our  correspondence,  your  Lordps.  will  always  put  the  most 
favorable  and  candid  interpretation  upon  every  thing  I  shall 
write  to  you  etc.  Signed,  Nicholas  Lawes.  Endorsed,  Reed. 
18th,  Read  22nd  July,  1718.  If  pp.  [0.0.  137,  13.  No.  10  ; 
and  138,  16.  pp.  117,  118.] 

May  4.         523.    Memorandum  of  H.M.  Commission  to  William  Sheriff 
Kensington,  to  be  Commissary  of  the  Musters  of  the  Garrison  at  Annapolis 
Royal.     [0.0.  324,  33.    p.  181.] 

May  5.         524.     Joseph  Willard  to  Mr.  Popple.     Encloses  Journal  of 
Boston  in     Assembly  and  Acts  1717  etc.     Concludes  :  I  have  been  told  that 
New  England.  paper  an(j  other  stationary  ware  is  allow'd  by  the  Lords  Com- 
missioners to  the  Secretaries  Offices  in  the  Plantations  ;   if  it  be 
so,  you'll  please  to  send  us  a  supply,  and  it  will  be  very  acceptable. 
Signed,  Josiah  Willard.     Endorsed,  Reed.  3rd,  Read  9th  July, 
1718.     2pp.     [0.0.  5,  866.     No.  170  ;  and  5,  915.     pp.  160,  161.] 

May  6.         525.     Council  of  Trade  and    Plantations  to  Mr.   Secretary 

Whitehall.    Craggs.    Having  received  the  annex'd  copy  of  a  letter  (v.  No.  423,) 

from  the  Agent  of  Carolina,  we  thought  it  proper  to  lose  no  time 

in  communicating  the  same  to  you,  that  you  might  receive  H.M. 

orders  thereupon.    Upon  this  occasion  we  cannot  help  repeating 


AMERICA     AND     WEST    INDIES.  247 

1718. 

an  advice  which  has  frequently  been  given  by  this  Board,  that 
the  proper  methods  should  be  taken  for  resuming  of  this  and  all 
other  Proprietary  Oovernmts.  into  the  hands  of  H.M.,  since  it 
is  evident  they  cannot  support  or  protect  themselves,  and  that 
any  misfortune  happening  to  them  must  in  consequence  affect 
the  rest  of  H.M.  Dominions  on  the  Continent  of  America.  You 
will  be  pleased  to  observe  from  the  inclosed  that  the  people  of 
Carolina  seem  to  think  their  enemies  are  too  much  encouraged  by 
the  Spaniards,  and  this  part  of  the  grievance  may  possibly  be 
redressed  upon  settling  affairs  with  Spain.  We  expect  very 
shortly  a  memorial  at  large  from  the  Agent  of  Carolina  etc. 
[C.O.  5,  1293.  pp.  150,  151.] 

May  0.  526.  Governor  Hamilton  to  the  Council  of  Trade  and  Plaiita- 
8t.chri8topliors.tions.  Begins  with  duplicate  of  April  10th.  Continues  : — Since 
the  foregoing  I  have  received  a  letter  from  Capt.  Francis  Hume 
Commander  of  H.M.S.  Scarborough  etc.  Refers  to  enclosures, 
by  all  which  your  Lordship's  will  perceive  that  the  Danes  persist 
in  going  on  with  theire  Setlement  upon  the  Island  of  St.  Johns, 
which  by  my  ninety  ninth  Instruction  I  should  obstruct  and 
hinder  them  from  going  forward,  but  as  this  can  not  be  done  but 
by  force,  and  by  my  hundred  and  six't  Instruction  I  am  forbid  in 
these  express  words  Provided  always  that  you  do  not  by  colour 
of  any  power  or  authority  hereby  given  you  commence  or  declare 
war  without  knowledge  and  particular  command's  therein,  I 
therefore  think  it  my  duty  first  to  informe  your  Lordship's  in 
order  to  lay  this  matter  before  H.M.  that  I  may  receive  his  Royal 
command's  and  your  Lordship's  directions  how  far  then  to  proceed. 
I  also  sent  a  letter  to  the  Governour  of  St.  Juan  de  Porto  Rico 
etc.  (v.  April  10th),  but  Capt.  Hume  not  being  permitted  to  com 
into  theire  harbour  I  had  no  answer  and  shall  waite  yor.  Lord- 
ship's farther  direction's  etc.  Encloses  old  Seal  broken,  etc. 
Signed,  W.  Hamilton.  Endorsed,  Reed.  25th,  Read  26th  June, 
1718.  Holograph.  1}  pp.  Enclosed, 

526.  i.  Capt.  Hume  to  Governor  Hamilton.  Scarborough. 
Off  the  City  of  St.  Juan's  de  Porto  Rico.  April  15, 
1718.  Refers  to  following.  Continues  : — This  affair  of 
St.  Johns  gives  them  no  little  concern  ;  The  truest 
accounts  are  that  they  are  building  a  fort  Craul  Bay  and 
are  mounting  12  guns,  they  have  8  men  and  24  negroes. 
I  have  not  nor  would  not  converse  with  any  of  them 
since  have  been  there — only  with  the  Governour  about 
this  affair,  and  Mr.  Phillips  who  I  found  much  puzled, 
they  have  arrested  his  effects  pretending  he  was  in 
debt  which  will  appear  to  the  contrary  if  they  go  on  as 
they  have  done  for  two  days  last  week  in  settling  his 
accounts  by  arbitration  but  as  I  could  not  help  my  sailing 
with  all  expedition  for  this  place,  I  doubt  they  may  return 
to  their  old  way  of  delaying  etc.  Sunday  morning 
I  sailed  from  thence  and  got  before  this  place  yesterday 
morning.  I  sent  my  officer  (before  I  attempted  to  go 
in)  to  desire  leave,  and  a  pilott  but  would  not  admit  him 


248  COLONIAL     PAPERS. 

1718. 

to  come  on  shoar.  I  sent  him  a  second  time  with  a 
flag  of  truce,  and  they  fired  at  him.  To-day  Mr.  Ottley 
with  his  sloop  attempted  to  go  in,  and  admitted  himself 
and  boat  to  come  on  shoar,  conferred  with  the  Governour 
tendered  him  my  letter  which  he  would  not  peruse, 
said  he  had  orders  eight  days  past  from  the  King  of 
Spain  to  admit  of  no  conference  with  any  English. 
Signed,  Fra.  Hume.  Copy.  1  p. 

526.  ii.  Capt.  Hume  to  the  Governor  of  St.  Thomas.  H.M.S. 
Scarborough  at  St.  Thomas,  April  11,  1718.  I  have 
delivered  you  H.E.  General  Hamilton's  letter,  and 
verbally  conferred  with  you  this  morning  etc.  You 
owned  and  declared  it  [the  settlement  by  Danes  upon  St. 
Johns]  was  by  vertue  of  an  order  from  his  Danish 
Majesty  to  yourself  etc.  I  here  on  behalf  of  his  Brittanick 
Majesty,  and  by  directions  of  H.E.  General  Hamilton, 
H.M.  Captain  General  and  Commander  in  Chief  in  and 
over  all  the  Leeward  Carribbee  Islands  to  Windward  of 
Porto  Rico  to  demand  in  writing  why  you  presume  to 
make  a  Settlement  on  any  Island  to  which  his  Brittanick 
Majesty  has  an  undoubted  title  etc.  (as  No.  494  ii.) 
Demands  answer  in  writing.  Signed,  Fra.  Hume. 
Copy.  1  p. 

526.  iii.  M.  Bredal,  Governor  of  St.  Thomas,  to  Governor 
Hamilton.  St.  Thomas,  23rd  April,  1718.  You  will 
understand  that  it  would  ill  become  one  as  a  loyal 
subject  of  the  King  of  Denmark  to  abate  in  any  degree 
the  claims  of  H.M.  upon  the  island  of  St.  Johns,  and  in 
such  cases  it  is  for  me  to  obey  orders  etc.  To  the  King 
I  owe  my  life  etc.  As  to  the  measures  that  you  will 
take,  I  do  not  think  the  Danes  have  deserved  to  be 
treated  by  you,  Sir,  otherwise  than  as  friends  etc.  I 
have  no  doubt  but  that  the  Island  of  St.  Thomas  is 
held  by  the  King  of  Denmark  by  virtue  of  a  good  title 
etc.  Besides,  the  legitimate  occupation  of  a  deserted 
island,  and  peaceable  possession  of  it  for  so  many  years 
evidently  justify  it.  Signed^.  Bredal.  French.  Copy. 
I  p. 

526.  iv.  Same  to  Same.  St.  Thomas,  23rd  April,  1718. 
Since  the  occupation  of  the  Island  of  St.  Johns  is 
authorised  by  his  Majesty  of  Denmark,  as  well  as  founded 
on  good  right,  I  cannot  desist,  without  injuring  justice 
and  failing  in  my  duty,  which  consists  in  the  execution 
of  the  orders  of  my  Sovereign  etc.  Concludes  as  preceding. 
Nos.  i.-iv.  endorsed  as  covering  letter.  Copy.  \  p. 
Signed,  E.  Bredall. 

526.  v.  Governor  Hamilton  to  Capt.  Hume.  Antigua.  April 
5,  1718.-  Instructions  to  Capt.  Hume  for  delivery  of 
letters  to  Governors  of  St.  Thomas  and  Porto  Rico. 
cf.  Nos.  494  ii.,  iii.  1J  pp. 

526.  vi.  Duplicate  of  No.  494  ii. 

526.  vii.  Duplicate    of    No.    494    iii.      Nos.    v.-vii.    endorsed 


AMERICA    AND    WEST    INDIES. 


249 


1718. 


May  6. 

Whitehall. 


May  6. 

Whitehall. 


as  covering  letter.  [C.O.  152,  12.  Nos.  97,  97  i.-vii.  ; 
and  (without  enclosures)  153,  13.  pp.  331-333 ;  and 
152,  39.  #o.  130.] 

527.  Council  of  Trade  and  Plantations  to  the  King.     Reply 
to  Dec.   21st  and  Feb.    12th  last.     Quote  charges  against,  and 
defence  of  Gallantry,  alias  Tulon,  a  native  of  France,  as  to  trading 
with  French  goods  and  fishing  at  Newfoundland.     Quote  their 
Representation  of  2nd  March,   1716.     Continue  : — We  are  still 
humbly  of  opinion,  since  the  imployment  of  foreign  fishermen 
must  in  a  great  measure  hinder  the  nursery  of  our  seamen,  that 
your  Royal  orders  to  the  Govr.  of  Placentia  in  Newfoundland, 
and  the  Commanders  of  your  Majesty's  ships  of  war  attending 
that  service,  requiring  them  not  to  permit  any  persons  whatsoever 
to  fish  there,  who  are  not  your  Majesty's  subjects,  or  who  bring 
their  tackle  or  utensils  for  fishing  from  France,  or  any  other 
foreign  dominions,  may  effectually  reform  these  abuses.     And 
as  it  do's  not  appear  that  Tulon  is  naturaliz'd  a  subject  of  Great 
Britain,   in   which   case,   according  to  Mr.   Attorney   General's 
opinion,  neither  Tulon  nor  any  person  in  his  circumstance,  has 
a  right  to  fish  at  Newfoundland,  and  the  proceedings  of  Weston 
and  Cleeves,  in  securing  the  fish  taken  by  Tulon  there,  are  not  only 
justify  able  by  Law,  but  agreeable  to  their  duty  ;    we  humbly 
submit  it  to  your  Majesty,  how  far  in  consideration,  that  the  said 
Tulon,  who  among  others  remaining  at  St.  Peters,  took  the  oaths 
to  your  Majesty  and  ingag'd  in  the  Fishery  in  confidence  of  her 
late  Majesty's  letter  and  the  oaths  given  thereupon,  your  Majesty 
may  compassionate  his  case,  in  restoring  to  him  the  produce  of 
the  fish  taken  by  him  at  St.  Peters  and  sent  to  Bilboa  ;   But  we 
humbly  conceive  it  to  be  for  your  Majesty's  service,  that  a  practice 
be  discourag'd  so  evidently  tending  to  lessen  our  Trade  and  Fishery 
at  Newfoundland,  and  the  promoting  that  of  the  French,  as  the 
bringing  thither  and  imploying  French  servants,  fishing  tackle  and 
other  goods  from  France  ;  We  therefore  humbly  offer,  that  if  your 
Majesty  should  be  graciously  inclin'd  to  shew  your  Royal  favour 
to  the  said  Tulon,  no  part  of  the  produce  or  value  of  the  said  fish, 
remaining  or  dispos'd  of  at  Bilboa,  be  remitted  to  him,  till  after 
the  whole  has  been  return'd  to  your  Majesty,  since  we  have  reason 
to  believe,  that  nothing  less  will  effectually  incourage  the  fishing 
Admirals  to  exert  themselves  in  the  performance  of  their  duty 
according  to  law,  or  restrain  such  unprecedented  and  partial 
proceedings  of  the  Biscayneers  in  seizing  the  fish  at  Bilboa. 
Autograph  signatures.    Endorsed,  R.  7th  May,  17}^.     Read  at  the 
Committee.   Tulon  to  remit  the  produce  of  the  fish  to  H.M.  and  then 
to  have  it  restored  to  him.     Autograph  signatures.     5^  pp.     [C.O. 
194,  23.  No.  29.] 

528.  Council  of  Trade  and  Plantations  to  the  Lords  of  H.M. 
Privy  Council.     Reply  to  23rd  April.     We  have  not  yet  received  the 
Act  of  New  York  for  paying  several  debts  etc.,  but  have  writ  to  H.M. 
Governor  to  transmit  it  to  us  by  the  very  first  opportunity  etc. 
[C.O.  5,   1124.    p.  24;    and  (corrected  draft)  5,  1079.     No.  102.] 


260 


COLONIAL    PAPERS. 


1718. 

May  7. 


529.     Same  to  Governor  Hunter.     Enclose  order  in  Council 
Whitehall,     and  representation  of  merchants  April  9th,  May  2nd,   "  that  you 
may  without  loss  of  time  cause  the  said  Act  to  be  laid  before  us 
together    with   your    observations  thereupon."     [(7.0.   5,  1124. 
p.  25  ;  and  5,  1079.     No.  103.] 


May  7. 


May  8. 

Whitehall. 


May  8. 

Whitehall. 


530.  Mr.  West  to  the  Council  of  Trade  and  Plantations. 
Reports  against  Act  of  Antigua  to  prohibit  the  importation  of 
French  and  other  foreign  sugars  etc.     Objections  in  detail.     Has 
no  objection  to  the  Act  to  constitute  a  Court  Merchant.    Signed, 
Richd.  West.     Endorsed,  Reed.  9th  May,  Read  1st  July,  1718. 
4  pp.     [0.0.  152,  12.     No.  99  ;  and  153,  13.    pp.  334-337.] 

531 .  Mr.  Popple  to  Mr.  West.     Encloses  clauses  in  the  Gover- 
nor of  the  Leeward  Islands'  Commission  and  Instructions  relating 
to  the  passing  of  laws,  as  desired.     You  need  not  attend  the  Board 
till  Wednesday  morning,  but  in  the  mean  time  the  Council  of 
Trade  and  Plantations  desire  your  opinion  in  writing  upon  the 
Act  of  Antigua  to  prohibit  the  importation  of  foreign  sugars  etc. 
[0.0.  153,  13.    p.  291.1 

532.  Council  of  Trade  and  Plantations  to  Governor  Hamilton. 
We  have  had  under  consideration  an  Act  passed  at  Antegoa, 
1717,  to  quiet  present  possessors  of  lands  etc.  and  have  taken  the 
opinion  of  H.M.  Attorney  General  thereupon  (a  copy  whereof  is 
here  inclosed),  whereby  you  will  perceive  that  the  said  Act  as  it 
now  stands,  is  not  fit  for  H.M.  Royal  approbation  ;   But  as  it  is 
possible  there  may  be  some  purchasers  under  this  Act,  who  might 
be  sufferers,  if  the  same  should  be  immediately  repealed  on  this 
side,  we  are  willing  to  give  the  Assembly  an  opportunity  of 
passing  a  new  Act  or  Acts,  conformable  to  the  Attorney  Genls. 
opinion  ;  You  are  therefore  immediately  upon  the  receipt  of  this 
letter  to  acquaint  the  Assembly  that  if  they  will  at  their  first 
meeting  repeal  the  present  Act  and  pass  a  new  Act  or  Acts  in 
the  stead  thereof  which  shall  not  be  liable  to  the  objections  made 
by  the  Attorney  Genl.  to  the  present  law  and  transmitt  the  same 
to  us  by  the  first  ships,  we  will  defer  laying  this  Act  before  H.M. 
for  his  disallowance,  till  such  time  as  we  may  reasonably  expect  a 
return  to  this  letter.     But  in  case  of  any  neglect,  refusal  or  delay, 
we  shall  be  obliged  to  advise  H.M.  to  repeal  the  present  law  as 
derogatory  to  H.M.  right  and  prerogative.     [0.0.  153,  13.    pp. 
291,  292.] 


May  9. 

Whitehall. 


May  9. 

Barbado's. 


533.  Council  of  Trade  and  Plantations  to  the  Lords  Com- 
missioners   of    the    Treasury.     Enclose    Office    accounts    from 
Michaelmas,  1717,  to  Lady  day,  1718.     There  was  at  Lady  day  a 
quarter's  salary  due  to  our  Secretary  and  other  officers  of  this 
Commission.     Accounts  annexed.     [0.0.  389,  37.    pp.  152-154.] 

534.  Governor  Lowther  to  the  Council  of  Trade  and  Planta- 
tions.    I  should  not  have  so  long  deferred  answering  your  Lord- 
ship's letters  of  the  16th  of  May,  and  of  the  4th  and  llth  of 


AMERICA    AND    WEST    INDIES.  251 

1718. 

October,  1717,  had  I  been  able  to  have  transmitted  such  authen- 
tick  informations  of  the  state  of  the  publick  accountes  here  as 
yon  require  ;  but  as  your  Lordship's  are  sensible,  that  such 
accountes  are  only  to  be  had  from  the  Committee  who  are  ap- 
pointed by  law  to  adjust  and  state  'em  ;  so  I  hope  the  copy  of  the 
inclosed  order  will  convince  your  Lordshipes  that  I've  used  my 
best  endeavours  to  procure  'em,  and  that  I  shall  lay  'em  before 
you,  so  soon  as  I  receive  'em.  The  Revenue  which  properly  and 
immediately  belongs  to  the  Crown  here,  is,  first,  the  duty  of  4J 
per  cent,  that's  laid  on  all  the  country's  produce  which  is  exported  : 
and  secondly,  that  which  is  called  the  Casual  Revenue ;  both  which 
are  managed  and  collected  by  particular  officers  appointed  by  the 
Lords  Commissioners  of  H.M.  Treasury.  I  perceive  that  your 
Lordship's  do  conjecture  that  a  great  number  of  acres  of  land 
here  has  been  granted  by  the  Crown  to  the  inhabitantes  on  cer- 
tain reserved  rents  :  I  do  assure  your  Lordship's,  I  know  of  no 
such  grantes,  and  that  all  the  information  I  can  give  you  touching 
this  matter,  is,  that  King  Charles  the  first  granted  the  propriety 
of  this  Island  in  the  2nd  year  of  his  reign  to  James  Earl  of  Carlisle, 
and  that  King  Charles  the  2nd  purchased  the  sd.  propriety  in 
1661  etc.  The  grantes  that  have  since  been  made  here,  has  been 
only  of  some  waste  land  next  the  sea  which  people  have  inclosed 
or  built  upon  for  the  conveniency  of  the  landing  and  shipping  of 
goods,  and  all  that  hath  been  reserved  on  such  grantes  is  only 
a  pepper  corn.  Your  Lordshipes  seem  to  apprehend  that  if  the 
French  at  Martinique,  Guardeloupe  and  Hispaniola,  and  the 
Dutch  at  Surinam  are  deprived  of  horses  etc.,  that  they  will  erect 
windmills  and  consequently  make  their  sugars  cheaper  than  they 
do  at  present.  There's  no  question  to  be  made,  but  that  both  the 
French  and  Dutch  will  erect  windmills  so  soon  as  they  can  get  a 
sufficient  stock  of  silver  money  or  credit  to  effect  it,  but  I  humbly 
conceive,  if  a  Law  was  made  in  England  to  restrain  H.M.  subjects 
from  having  any  trade  or  commerce  with  'em,  that  they  would 
never  be  able  to  get  either  mony  or  credit  to  compass  it :  for  the 
French  could  never  vend  their  Europian  commodities  without  such 
a  trade,  nor  could  they  produce  any  considerable  quantity  of 
sugar  if  the  King's  subjectes  did  not  supply  'em  with  corn,  flour, 
fish,  beefe,  in  return  of  which,  they  receive  wine,  brandy,  sugar 
and  mollosses  ;  and  the  ballance  is  very  considerably  on  the 
French  side,  so  that,  this  pernitious  trade  will  in  all  probability 
inable  'em  (in  some  years)  to  erect  mills,  cureing-houses,  still- 
houses,  and  all  other  necessary  buildings  for  the  better  carrying 
on  the  sugar  manufacture  ;  now  as  they  do  already  undersel  us, 
and  have  so  much  advantage  in  the  extent  and  goodness  of  land> 
such  an  improvement  upon  it,  will  inable  'em  to  make  so  large- 
a  quantity  of  sugar,  mollosses,  and  rum,  and  to  undersel  us  to 
so  great  a  degree,  that  (in  a  little  time)  it  will  be  impossible  for 
H.M.  subjectes  here  to  continue  the  making  of  sugar.  The 
fortifications  are  not  yet  quite  compleated,  but  I  hope  I  shall  be 
able  in  a  little  time  to  give  your  Lordshipes  such  an  account  of 
'em  as  will  be  to  your  satisfaction.  The  Honourable  Colonel 
Brome  the  bearer  hereof  intending  to  return  hither  so  soon  as 


252  COLONIAL    PAPERS. 

1718. 


His  Lady  and  he  have  recovered  their  health  :  I  take  the  liberty 
to  desire  your  Lordship's  to  recommend  him  to  H.M.  as  a  very 
deserving  and  fit  person  to  serve  in  the  Council  here  ;  there  being 
few  Gentlemen  belonging  to  this  place  that's  possessed  of  a 
better  fortune,  that  have  received  a  more  liberal  education,  that 
hath  made  so  good  use  of  it ;  and  none  that's  more  cordially 
affected  to  H.M.  and  His  Royal  Family,  etc.  Signed,  Rob.  Lowther. 
Endorsed,  Reed.  26th  June,  1718,  Read  30th  Sept.,  1719.  Holo- 
graph. 3  pp.  Enclosed, 

534.  i.  List  of  publick  papers  prepared  to  be  sent  for  Great 

Brittaine.     Endorsed  as  preceding.     2  pp. 
534.  ii.  Minute   of   Council  of    Barbados,    25th    April,    1718. 

The  Committee  of  Publick  accounts  are  to  settle  the 

public  accounts,  sitting  de  die  in  diem  from  15th  May. 

etc.     Same  endorsement.     Copy.     2J  pp.     [C.O.  28,  15. 

Nos.   51,   51   i.,  ii.  ;    and  (without  enclosures),   29,    13. 

pp.  506-512.] 

May  9.  535.  William  Walker  to  the  Council  of  Trade  and  Plantations. 
Lincoins  Inn.  Objections  to  Act  of  Barbados  impowering  licentiate  lawyers  to 
practice  etc.  v.  2nd  May,  25th  June.  Concludes  : — The  Planta- 
tions are  already  unhappy  enough,  in  a  scituation  so  remote  from 
the  Fountain  of  Justice  ;  let  them  not  be  yet  more  so,  in 
estranging  them  from  the  Fountain  of  Knowledge,  Knowledge 
of  our  Laws,  which  alone  can  keep  them  in  inclinations,  manners 
and  affections,  united  with  their  Mother  Country.  Signed,  Wm. 
Walker.  Endorsed,  Reed.  9th  May,  Read  16th  July,  1718.  7  pp. 
[C.O.  28,  15.  No.  35  ;  and  29,  13.  pp.  470-478.] 

May  13.  536.  Joseph  Boone  to  the  Council  of  Trade  and  Plantations. 
Refers  to  former  Memorials  from  South  Carolina  and  encloses 
following,  "  signed  by  the  Assembly  and  568  other  of  the  in- 
habitants (which  is  more  then  one  halfe  of  the  inhabitants)  " 
etc.  Prays  their  "  Lordships  once  more  to  represent  to  H.M. 
the  miseries  and  distresses  of  H.M.  subjects  and  the  certain 
inevitable  ruin  that  must  attend  those  that  continue  to  remaine 
there  unless  H.M.  will  be  graciously  pleased  to  take  them  into 
his  own  imediate  protection  and  care."  Signed,  Joseph  Boone. 
Endorsed,  Reed.,  Read  13th  May,  1718.  1  p.  Enclosed, 
536.  i.  Duplicate  of  No.  423. 

536.  ii.  Address  of  the  Representatives  and  Inhabitants  of 
South  Carolina  to  the  King.  Out  of  the  extreme 
grief  we  are  under  to  see  our  country  still  harassed 
and  our  fellow  subjects  dayly  killed  and  carried  away 
by  our  savage  Indian  enemies,  are  obliged  again  etc.  to  lay 
before  your  Majesty  the  estate  of  this  yr.  afflicted  Colony. 
Refer  to  previous  Address.  Our  troubles  (instead  of 
coming  to  a  period)  dayly  encrease  upon  us  and  now 
wee  see  ourselves  reduced  to  such  a  dismall  extremity 
that  nothing  but  yr.  Majesties  royall  and  most  gracious 
protection  (under  God)  can  preserve  us  from  ruin. 
Our  Indians  continue  comitting  so  many  hostilities  and 


AMERICA    AND    WEST    INDIES. 


253 


1718. 

infest  our  settlemts.  and  plantations  to  such  a  degree 
that  not  only  those  estates  which  were  deserted  att 
the  breaking  out  of  the  war  cannot  be  resetted  but 
others  are  likewise  dayly  thrown  up  to  the  mercy  of 
the  enemy  to  the  ruin  and  impoverishmt.  of  severall 
numerous  families,  etc.  Notwithstanding  all  these  our 
miseries  the  Lords  Proprietors  instead  of  using  any 
endeavours  for  our  relief  and  assistance  are  pleas 'd  to 
term  all  our  endeavours  to  procure  yr.  Majesties  Roy  all 
protection  the  business  of  a  faction  and  party.  We 
most  humbly  assure  your  Majesty  that  'tis  so  far  from 
anything  of  that  nature  that  all  the  inhabitants  of  this 
Province  (in  generall)  are  not  only  convinced  that  no 
human  power  but  that  of  yr.  Majestic  can  protect  them 
but  earnestly  and  fervently  desire  that  this  once 
flourishing  Province  may  be  added  to  those  already 
under  yr.  happy  protection,  etc.  Signed  by  the  Assembly 
and  five  [hundred  and  sixty -eight  other  of  the  inhabitants]. 
Endorsed  as  preceding.  Torn.  1  p.  [C.O.  5,  1265. 
Nos.  102,  102  i.,  ii.] 

May  14.  537.  Order  of  King  in  Council.  Repealing  Act  of  Carolina 
Kensington,  laying  a  duty  of  10  p.c.  upon  all  goods  of  British  manufactory 
imported  into  that  Province  etc.  (v.  1st  May).  The  Proprietors 
and  the  Assembly  are  strictly  enjoyned  and  required  not  to 
permit  the  said  law  or  any  part  of  it  to  be  henceforward  put  in 
execution,  but  that  they  do  forthwith  declare  the  same  to  be 
null  and  void  to  all  intents  and  purposes,  as  they  will  answer  the 
contrary  ;  And  likewise  that  the  said  Proprietors  do  reprimand 
their  Governour  for  having  given  his  assent  to  so  illegall  an  Act  ; 
And  that  they  do  give  strict  orders  to  the  Governors  of  that 
Province,  for  the  time  being,  not  to  pass  any  law  of  the  like  nature, 
for  the  future,  the  same  not  being  consonant  to  reason  but 
repugnant  to  the  laws  of  Great  Brittain  and  no  ways  warranted 
by  the  Charter  granted  to  the  Proprietors.  Signed,  Robert 
Hales.  Endorsed,  Reed.,  Read  20th  June,  1718.  2|  pp.  [C.O. 
5,  1265.  No.  103  ;  and  5,  1293.  pp.  152,  153.] 

May  15.  538.  Mr!  Nivine  to  Mr.  Popple.  Asks  that  the  hearing  of 
the  Act  of  Antigua  against  importation  of  foreign  sugar  may  be 
postponed,  owing  to  his  indisposition  etc.  Signed,  Will.  Nivine. 
Endorsed,  Reed.,  Read  15th  May,  1718.  Addressed.  1  p.  [C.O. 
152,  12.  No.  81  ;  and  153,  13*  p.  293.] 

May  16.  539.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehall.  Craggs.  Having  received  a  letter  from  Lt.  Governor  Bennet 
relating  to  some  doubts  that  have  occurred  to  the  pirates,  and 
which  hinder  several  of  them  from  surrendring  upon  H.M.  Pro- 
clamation, we  thought  fit  to  transmit  an  extract  thereof  to  you 
without  loss  of  time,  that  you  may  receive  H.M.  Orders  thereupon, 
as  likewise  on  a  former  report  of  ours  to  the  Lords  of  the  Council 
of  20th  Feb.  last,  relating  to  Commissions  to  be  prepared  for 


254 


COLONIAL    PAPERS. 


1718. 


May  20. 

Whitehall. 


pardoning  of  pirates,  whereby  we  may  be  enabled  not  only  to  return 
an  answer  to  the  said  Mr.  Bennet  but  also  to  give  the  other  Gover- 
nors the  necessary  directions  in  cases  of  the  like  nature.  [(7.0. 
38,  7.  p.  342:] 

540.  Council  of  Trade  and  Plantations  to  the  King.  Recom- 
mend Act  of  Nevis  for  the  good  government  of  negroes  etc.  for  H.M. 
approbation.  [(7.0.  153,  13.  pp.  294,  295.] 


[May  20.]  541.  Petition  of  Bernardo  de  Guardia  and  Peter  Diharce 
to  the  Council  of  Trade  and  Plantations.  With  a  view  to  an 
appeal  in  the  case  of  the  N.S.  de  Bethlehem  (v.  5th  Feb.,  1718), 
pray  for  copies  of  papers  relating  thereto,  etc.  Signed,  Bernardo 
de  Guardia,  P.  Diharce.  Endorsed,  Reed.,  Read  20th  May,  1718. 
1  p.  [(7.0.  137,  13.  No.  6.] 

[May  20.]       542.     Copies  of  papers  relating  to  Capt.  Taverner's  services. 
(a)  Mr.    Secretary   Stanhope   to   Capt.   Taverner,    13th  May, 
1715.      I  p. 

(6)  (c)  Same  to  the  Lords  of  the  Treasury,  30th  May  and  22nd 
Nov.,  1715.  I  p. 

(d)  Certificate   by    Same   that   Capt.    Taverner  returned  8th 
March,  1716.     J  p. 

(e)  (/)  Copy  of  Capt.  Taverner's  Second  report  and  survey  upon 
Newfoundland,  with  Capt.  Dehaldy's  information.     30  pp. 

(g)  Capt.  Taverner's  list  of  French  ships  at  St.  Peters,  Aug., 
1714.  2pp. 

(h)  Capt.  Taverner's  account  of  Col.  Moody 's  proceedings  at 
Placentia,  1714.  6pp. 

(i)  (j)  Copies  of  Col.  Moody 's  Orders  and  Proclamations,  6th 
July,  1714.  2£  pp.  The  wJtole  endorsed,  Reed.  21st,  Read  27th 
May,  1718.  [C.O.  194,  6.  Nos.  48,  48  i.-ix.] 


May  21. 

Whitehall. 


543.  Council  of  Trade  and  Plantations  to  the  King.  In 
obedience  to  your  Majesty's  Order  in  Council  of  2nd  March,  1716, 
we  have  considered  the  petition  of  William  Armstrong,  and 
several  other  officers  and  soldiers  late  in  the  service  of  the  Crown, 
praying  for  a  tract  of  land  lying  between  Nova  Scotia  and  the 
Province  of  Maine  etc.,  and  have  been  many  times  attended  by 
the  petitioners  etc.  Quote  Solicitor  General's  opinion,  1 5th  Feb., 
and  the  proposal  of  Mr.  Dummer,  2lst  March,  for  the  surrender  of  the 
lands  "  between  Penobscot  and  the  River  St.  Croix  (which  last  is 
the  boundary  of  Nova  Scotia)  to  be  disposed  of  as  your  Majesty 
shall  think  fit."  Continue  /—This  last  tract  of  land,  we  humbly 
conceive  would  be  spacious  enough  to  contain  many  hundred 
families,  and  might  be  equally  convenient  for  the  petrs.  with 
that  particular  tract  upon  which  they  have  fixed  their  views, 
and  which  alone  as  they  alledge  can  engage  them  to  pursue  their 
project  which  might  probably  be  of  great  advantage  to  the  pub- 
lick.  But  how  far  it  might  be  adviseable  for  your  Majty.  to 
enter  into  any  contracts  of  this  nature  with  the  Massachusets 
Company,  or  to  do  anything  that  may  further  confirm  their 


AMERICA    AND    WEST    INDIES.  255 

1718. 

claims,  we  shall  not  pretend  to  say,  being  daily  more  and  more 
convinced  that  great  inconveniences  do  arise  from  the  erecting 
of  Proprietary  Governmts.,  who  generally  are  not  able  to  defend 
their  own  lands,  and  tho  there  be  less  to  object  upon  this  head  to 
the  Massachusets  Bay,  then  to  some  other  Proprietary  Govern- 
ments, yet  we  cannot  but  observe  that  the  people  of  New  England 
do  in  many  occasions  interfere  with  the  trade  and  benefit  that 
should  only  accrue  to  the  Mother  Kingdom.  But  if  the  Petrs. 
could  be  induced  to  settle  in  any  part  of  Nova  Scotia  not  already 
granted  to  any  other  persons,  they  might  be  made  very  usefull 
to  your  Majesty.  [C.O.  5,  915.  pp.  115-118.] 

May  23.  544.  Josiah  Willard  to  Mr.  Popple.  Refers  to  previous 
T  Boston  in  later  etc.  Three  days  agoe  H.E.  communicated  to  the  Council 
L  H.M.  Warrant  for  using  a  new  Province  Seal  etc.,  together  with 
his  Instructions  relating  to  the  passing  of  Acts  etc.  and  Orders 
concerning  the  Revenue  and  some  intended  settlements  of  the 
French,  which  two  last  H.E.  will  answer  very  particularly  as  soon 
as  the  Assembly,  who  are  to  meet  in  a  few  days,  shall  rise  :  He 
orders  me  to  inform  you  that  in  Dec.  last  he  sent  home  the  accounts 
of  the  three  years  exports  that  were  behind.  The  former  Seal 
was  broken  in  Council ;  the  parts  of  it  I  now  send  you  etc.  Signed, 
Josiah  Willard.  Endorsed,  Reed.  21st,  Read  22nd  July,  1718. 
2pp.  [C.O.  5,  867.  No.  3  ;  and  5,  915.  pp.  176,  177.] 

May  27.  545.  Mr.  West  to  the  Council  of  Trade  and  Plantations. 
Report  upon  Act  of  Mountserrat,  1705,  for  quieting  possessions 
and  for  the  better  secureing  and  confirming  the  titles  of  land  in  this 
Island.  By  which  Act  it  is  enacted  that  all  persons  who  them- 
selves or  whose  ancestors  had  been  in  the  possion  of  any  lands, 
tenemts.or  hereditamts.for  the  space  of  ten  years  before  the  date 
of  the  said  Act  should  be  adjudged  to  be  the  lawfull  Proprietors 
of  the  said  lands  as  much  as  if  their  respective  ancestors  had  been 
seized  thereof  by  a  lawfull  and  indefeizable  estate  in  fee  simple. 
Which  Act  I  conceive  to  be  lyable  to  these  objections.  By  the 
said  Act  the  rights  of  all  persons  are  concluded  excepting  only 
infants,  femes  covert  or  their  barons  claiming  in  their  rights, 
tents,  in  dower,  persons  non  compos  mentis  and  persons  out  of 
the  Governmt.  of  the  said  Island  and  such  persons  who  have  any 
title  or  claim  to  any  estate,  which  at  the  time  of  makeing  the  said 
Act  is  held  in  fee  tail  generall  or  speciall  or  after  possibility  of 
issue  extinct  for  life  or  years  or  a  tent,  at  will  or  sufferance  to  which 
severall  persons  the  terme  of  five  years  is  given  by  ye  said  Act 
to  prosecute  their  respective  titles  after  such  time  as  they  shall 
accrue.  So  that  all  persons  within  ye  Governmt.  of  the  said 
Island  who  may  have  any  title  or  claim  to  any  lands  etc.  other 
than  is  beforementioned  are  imediatly  concluded  and  have  no 
time  given  them  to  prosecute  their  claims,  (ii.)  By  the  said  Act 
it  is  also  proposed  to  confirm  to  the  present  possessors  of  any 
lands  etc.  their  respective  possessions  against  any  claims  which 
might  be  made  upon  their  lands  in  behalf  of  the  Crown.  Not- 
withstanding which  there  is  no  time  fixed  in  which  those  persons 


256  COLONIAL    PAPERS. 

1718. 

who  serve  the  King  in  his  Law  affairs  in  that  Island  should  make 
or  trye  such  legal  claims  or  demands  as  the  Crown  may  have  on 
any  lands  in  that  Island  so  that  the  Crown  is  imediatly  barr'd 
by  ye  said  Act.  Whereas  on  the  contrary  I  am  of  opinion  that  the 
Crown  ought  not  to  be  put  upon  the  same  foot  with  subjects,  but 
that  a  longer  time  ought  to  have  been  allotted  for  the  makeing 
its  demands  than  is  given  to  private  persons.  Signed,  Richd. 
West.  Endorsed,  Reed.  30th  May,  Read  llth  July,  1718.  2  pp. 
[C.O.  152,  12.  No.  104  ;  and  153,  13.  pp.  347-349.] 

May  27.  546.  Mr.  Popple  to  Mr.  Lowndes.  In  reply  to  April  24th, 
Whitehall,  recounts  Capt.  Taverner's  services.  Concludes  : — The  Council  of 
Trade  and  Plantations  are  still  of  opinion  it  is  necessary  the 
survey  [of  Newfoundland]  should  be  compleated.  They  have  no 
objection  against  Cap.  Taverner,  etc.  [C.O.  195,  6.  pp.  394- 
397.] 

[May  27.]  547.  Mr.  Nivine  to  the  Council  of  Trade  and  Plantations. 
Argues  in  favour  of  the  Act  of  Antigua  prohibiting  the  importation  of 
foreign  sugars.  An  effectual  restraint  of  importation  is  highly 
necessary  in  the  present  condition  of  that  Colony  etc.  "  The  said 
Island  did  not  last  year  make  above  one  halfe  of  its  usual  quantitys 
of  sugars,  this  year  their  will  hardly  be  made  1,000  hogsheads, 
which  is  about  a  15th  part  of  its  usual  complement  and  have  not 
any  prospect  of  making  much  more  the  next  year,  and  as  this  has 
been  occasioned  by  a  very  great  excess  of  dry  weather  so  the  same 
has  produced  such  a  scarcity  of  ground  provissions  that  they  are 
forced  to  send  off  numbers  of  their  negroes  to  be  sold  for  want  of 
food,  and  put  them  in  as  bad  a  condition  by  the  loss  of  a  great  part 
of  their  working  cattle  "  ;  these  misfortunes  have  been  so  hard 
upon  the  inhabitants  of  that  Island  that  many  of  them  have 
deserted  it  already  and  numbers  of  the  most  considerable  planters 
begin  to  entertaine  thoughts  of  retreating  with  their  negroes  and 
most  valuable  effects  to  the  Northern  Continent,  nor  has  the  low 
prices  of  sugars  in  the  markets  of  Europe  affected  that  Island  lightly 
etc.  The  inhabitants,  especially  the  planters,  are  neither  in  a 
temper  nor  condition  to  grapple  with  any  more  discouragements. 
It  is  apparent  that  the  continuance  of  such  importation  is  con- 
sidered by  several  other  of  the  Sugar  Colonies  as  well  as  Antegoa 
to  be  noe  slight  disadvantage  to  them  by  the  very  laws  made  by 
them  to  prevent  it  for  the  future,  some  of  which  have  been  already 
confirmed  by  H.M.  etc.  The  Council  and  Assembly  of  Antegoa 
are  so  anxious  about  the  fate  of  this  bill  that  if  the  same  is  re- 
jected in  such  a  manner  as  to  cutt  off  all  hopes  of  haveing  any  law 
confirmed  which  they  shall  make  for  remedying  this  mischeife 
it  will  make  impressions  upon  the  minds  of  that  people  very 
capable  of  produceing  fatal  consequences  to  that  Colony,  especially 
considering  that  an  Act  of  Barbado's  (amounting  to  an  effectual 
prohibition  of  that  trade)  has  already  been  approved  of  by  H.M. 
etc.  Suggests  that  if  this  Act  be  thought  not  proper  to  be  approved 
of  by  H.M.,  the  repeal  of  it  be  suspended  till  another  can  be 
made  not  liable  to  the  objections  urged  against  it  etc.  Signed, 


AMERICA    AND    WEST    INDIES. 


257 


1718. 


May  28. 


May  28. 

Jamaica. 


May  30. 

Whitehal. 


Will.  Nivine.     Endorsed,  Reed.  27th  May,  Read  1st  July,  1718 
2£  pp.     [C.O.  152,  12.     No.  100.] 

548.  Don    Saura    to   Lord  Stanhope.      The   favours   which 
your  Excy's  generosity  has  conferred  upon  me  emboldens  me  etc. 
to  acquaint  your  Excy.  the  miserable  condition  of  our  Island  ; 
for  the  people  are  so  heavy  burdened  they  have  not  even  where- 
withal to  pay  the  ordinary  expences  of  H.M.  service,  yet  is  there 
deputed  a  Sindico  to  goe  to  Court,  whereas  what  they  have  to 
request  might  be  done  in  the  method  General  Carpenter  our  Chief 
Governor  directed  to  acquaint  them  of,  which  would  save  the  vast 
expense  the  Deputys  journey  must  come  too  upon  which  account 
they  have  taken  up  money,  to  the  very  great  prejudice  of  the 
people,  but  what  is  still  more  sensible,  the  Sindico  is  of  a  faction 
and  kidney  I  presume  your  Excy.  has  been  advised,  and  it's  four 
or  five  illminded  men  that  have  brought  this  about,  covering  their 
wicked  designes  with  the  cloak  of  zeal,  and  not  only  for  deviding 
and  sowing  dissention  in  the  Island,  but  at  Court  too,  which  I  have 
thought  it  my  duty  to  acquaint  your  Excy.  of,  as  the  Patron  of 
our  Island  etc.     Cittdadela,*  May  28,  1718.     Signed,  Don  Juan 
Miguel  Saura.     1  p.     [C.O.  253,  1.     No.  3.] 

549.  Peter  Hey  wood  to  the  Council  of  Trade  and  Plantations. 
Encloses  Minutes  of  Council  of  Jamaica  to  the  close  of  his  ad- 
ministration   of    the    Government.     Signed,,    Peter    Hey  wood. 
Endorsed,  Reed.  8th,  Read  23rd  Sept.,  1718.     f  p.     [C.O.   137, 
13.     No.  14  ;  and  138,  16.     pp.  128,  129.] 


550.  Council  of  Trade  and  Plantations  to  the  King.  Repre- 
sentation upon  Governor  Philips'  Memorial,  2lst  Feb.,  etc.  The 
trade  to  Newfoundland  and  the  Government  thereof,  so  far 
forth  as  the  same  relates  to  the  Fishery,  being  at  present  estab- 
lish'd  and  regulated  by  Act  of  Parliament,  it  might  be  of  ill 
consequence  to  attempt  any  alteration  from  the  ancient  usages 
practis'd  there,  without  very  mature  consideration  ;  and  in  our 
humble  opinion,  it  wou'd  be  adviseable  to  use  all  proper  methods 
for  inducing  the  present  inhabitants  of  Newfoundland  to  remove 
to  your  Majesty's  neighbouring  Province  of  Nova  Scotia,  as  well 
for  the  better  settlement  and  strengthening  thereof,  as  for 
improving  the  Fishery  in  those  parts.  [Minister's  note  in 
margin  :  Let  this  recommendation  be  part  of  ye  instruction  to  Govr. 
Philips.]  The  inconveniences  in  the  Newfoundland  trade,  arising 
from  several  ill  practices  of  the  inhabitants  there,  but  more 
particularly  from  the  trade  they  drive  with  the  people  of  New 
England,  in  prejudice  of  their  Mother  Kingdom,  is  a  further 
reason  why  all  settlements  in  Newfoundland  shou'd  be  discourag'd ; 
which  may  in  a  proper  season  be  worthy  your  Majesty's  animad- 
version ;  and  as  we  have  the  general  state  of  the  trade  to  New- 
foundland at  present  under  our  consideration,  we  hope  in  some 
time  to  be  able  to  offer  our  humble  advice  more  particularly  to 


'  Among  papers  relating  to  Sta.  Lucia. 
Wt.  441. 


C.P.  17. 


258  COLONIAL    PAPERS. 

1718 

your  Majesty  thereupon.  The  second  article  of  Col.  Philips's 
Memorial,  relating  to  the  garrison  and  fortifications  of  Placentia, 
occasion'd  our  looking  back  to  a  Report  on  this  subject  from  the 
Board  of  Ordnance,  and  to  a  Representation  from  Major  General 
Richards,  which  were  formerly  considered  by  this  Board  ;  at 
which  time  they  had  the  assistance  of  some  of  your  Majesty's 
Ministers,  who  were  of  opinion  with  them,  "  That  Newfoundland 
was  a  very  inconvenient  place  for  building"  etc.  quoted.  [Note  by 
Minister  in  margin  :  See  ye  reports  of  Board  of  Ordnance  upon  this 
subject,  and  let  it  be  part  of  Govr.  Philip's  instructions  to  protect  ye 
Offrs.  of  yt.  Board  and  assist  them  in  the  execution  of  ye  schemes 
wch.  shall  be  pursued  for  ye  fortifications  according  to  yt.  report  and 
according  to  ye  summs  granted  for  yt.  purpose  by  Parliamt.] 
Continue  : — These  were  the  former  sentiments  of  the  Board  upon 
this  subject,  nor  have  we  any  reason  to  vary  from  them  ;  since 
the  Old  Fortifications,  if  repair'd  wou'd  not  be  able  to  make  any 
long  defence,  and  the  smaller  now  propos'd  wou'd  certainly  be 
sufficient  to  protect  the  harbour  and  fishery  from  being  surpriz'd  ; 
and  if  the  few  inhabitants  now  remaining  in  Newfoundland  cou'd 
be  induc'd  to  remove,  it  wou'd  be  less  worth  the  enemies  while, 
upon  any  rupture  to  attack  the  Island.  But  we  think  it  is  highly 
necessary  for  ye  preservation  of  ye  Fishery,  that  the  Garrison  of 
Placentia  should  be  strictly  enjoyned  not  to  concern  themselves 
therein,  or  to  interrupt  the  fishermen  in  the  curing  of  their  fish 
upon  any  pretence  whatsoever.  [Note  by  Minister  :  Let  this  be  a 
strict  article  of  ye  instruction.'}  Upon  discourse  with  Major  General 
Richards,  we  are  informed  that  the  barracks  and  magazines  at 
Placentia,  are  so  far  out  of  repair,  that  it  is  absolutely  necessary, 
immediate  care  should  be  taken  for  covering  them,  at  as  reasonable 
an  expence  as  may  be,  so  as  to  preserve  the  men  and  provisions 
from  the  severity  of  the  weather,  till  such  time  as  the  scheme 
above  proposed  shall  be  put  in  execution.  For  which  purpose 
Col.  Philips,  appointed  your  Majesty's  Governor  there,  should  be 
supply 'd  with  money,  workmen  and  materials  from  hence.  [Note 
by  Minister  :  Let  Col.  Philips  either  receive  such  a  summe  as  ye 
board  of  ordnance  shall  allot  him  out  of  ye  Parliamy.  provision,  or 
be  assistant  and  protect  such  as  ye  board  shall  employ  to  this  effect .] 
For  our  further  information  in  matters  relating  to  the  pay, 
cloathing  and  provisions  of  the  said  Garrison,  as  well  as  of  the 
forces  at  Annapolis  Royal,  we  had  recourse  to  two  Representa- 
tions, which  we  understood  had  been  made  thereupon  to  your 
Majesty  by  the  Comptrollers  of  the  Accounts  of  the  Army,  22nd 
June  and  29th  July  last,  whereunto  we  most  humbly  take  leave 
to  refer,  and  do  concur  with  the  said  Comptrollers  etc.,  to  which  we 
shall  add  only  that  by  some  letters  lately  received  from  Annapolis, 
we  have  reason  to  believe  the  soldiers  there  have  been  so  ill-treated, 
particularly  with  respect  to  their  cloathing,  that  unless  they  have 
speedy  redress  therein,  they  will  all  desert  your  Majesty's  service. 
In  the  3rd  Article  of  Col.  Philips'  Memorial,  he  represents  that  all 
the  inhabitants  of  Nova  Scotia  (except  those  of  the  Garrison  of 
Annapolis)  are  French  that  remained  there  after  the  surrender  of 
that  Country,  to  the  number  of  six  or  seven  thousand,  who  never 


AMERICA    AND    WEST    INDIES.  259 

1718. 

took  the  oath  of  fidelity  to  your  Majesty  :  and  that  when  the 
Lieut.  Governor  summoned  them  for  that  purpose,  answered, 
that  they  would  not  do  it,  till  they  should  see  your  Majesty's 
Governmt.  in  those  parts  in  condition  to  protect  them  against  the 
natives  of  the  country,  who,  they  pretend,  are  very  numerous,  and 
entirely  devoted  to  France,  and  that  even  in  that  case  the  said 
French  inhabitants  do  likewise  insist  that  they  shall  not  be  obliged 
to  take  arms  upon  a  rupture  either  against  the  subjects  of  France 
or  against  the  Indians.  We  have  but  too  much  reason  to  believe, 
that  this  may  be  the  true  state  of  Nova  Scotia,  and  it  is  with 
some  concern  that  we  reflect  how  precarious  your  Majesty's 
possession  may  be  thereby  rendered  in  a  country,  that  might  be 
made  very  useful  to  your  Majesty's  European  Dominions,  by  its 
Fishery  and  Naval  Stores  :  But  notwithstanding  this,  it  might  be 
adviseable,  at  least,  till  more  British  inhabitants  shall  be 
settled  there,  and  the  Indians  brought  over  intirely  to  your 
Majesty's  interest,  that  the  French  should  not  be  treated  in  the 
manner  they  deserve  for  so  undutiful  a  behaviour.  And  for  the 
present,  it  may  be  sufficient  that  your  Majesty's  Governor  there, 
should  have  a  discretionary  power  to  debar  the  French  from  those 
advantages  your  Majesty's  other  subjects  enjoy,  particularly  that 
of  the  Fishery,  till  they  shall  have  taken  an  oath  of  allegiance  : 
But  when  he  shall  find  himself  in  condition  to  compel  them  to  it,  he 
may  then  take  the  proper  measures  to  oblige  them  either  to  pay 
due  acknowledgmts.  to  your  Majesty's  Govermt.,  or  to  quit  ye 
country.  In  the  4th  Article  of  the  Cols'.  Memorial,  he  proposes, 
that  annual  presents  should  be  made  to  the  Indians,  to  engage 
them  in  your  Majesty's  intrest,  and  to  secure  the  fur  trade  to 
your  Majesty's  subjects  there.  This,  it  seems,  was  the  custom 
of  ye  French  whilst  they  possest  that  country,  and  had  a  good 
effect  in  their  favour  :  But  we  presume  Mr.  Phillips  will  be  better 
able  to  judge  whether  it  be  necessary  to  continue  this  custom,  after 
he  shall  have  spent  some  time  in  that  country,  and  if  he  shall 
then  be  of  opinion,  that  ye  Indians  may  be  thereby  effectually 
brought  over  to  your  Majesty's  intrest,  ye  money  may  be  well 
bestowed.  But  we  humbly  conceive  it  may  be  necessary  to  settle 
the  limits  between  your  Majesty's  said  Province,  and  the  terri- 
tories of  France  there,  as  is  desired  in  the  5th  Article  of  the  said 
Memorial,  because  we  apprehend  the  French  are  daily  incroaching 
in  those  parts  from  the  sides  of  the  River  of  Canada  and  from 
Cape  Breton  ;  Wherefore  we  would  propose  that  a  Commissary, 
subject  to  the  Governor's  direction,  should  be  sent  thither  as 
soon  as  possible,  to  view  the  boundaries,  and  make  his  report 
thereupon  to  your  Majesty  ;  And  in  order  to  prevent  effectually 
ax\y  such  incroachments  for  the  future,  as  well  as  to  protect  your 
Majesty's  subjects  in  the  fishing  trade  in  those  parts,  we  are 
humbly  of  opinion,  that  the  advice  offer'd  upon  this  subject  to 
your  Majesty  by  the  Comptrollers  of  the  Army,  in  their  report 
abovemention'd,  may  be  much  for  your  Majesty's  service,  that 
is  to  say,  that  no  more  expence  shou'd  be  made  in  the  fortifications 
of  Annapolis  Royal,  than  what  shall  be  thought  absolutely 
necessary  for  securing  the  necessary  stores  and  provisions,  and 


260  COLONIAL  PAPERS. 

1718. 


for  protecting  the  garrison  and  inhabitants  from  surprize  ;  But 
that  a  small  fort  shou'd  be  built  for  securing  the  harbour  of  Anna- 
polis Royal,  that  one  other  lesser  fort  shou'd  be  erected  at  Jenny's 
Streight,  the  entrance  into  the  British  River,  going  up  to  Anna- 
polis Royal,  and  the  great  Bason,  etc.  Quote  Comptrollers'  Report . . . 
Continue  : — And  in  addition  to  these  it  may  likewise  be  necessary 
for  your  Majesty's  service,  that  a  fort  shou'd  be  erected  at  the 
Gut  of  Cango,  to  protect  your  Majesty's  subjects  from  the  incroach- 
ments  of  the  French  on  that  side  ;  all  which  forts  may  be 
garrison'd  by  detachments  from  Annapolis.  In  case  your  Majesty 
shou'd  approve  of  this  proposal,  it  may  be  necessary  that  an 
Engineer  shou'd  be  sent  to  view  the  harbours  and  coasts,  in  order 
to  report  to  your  Majesty  the  most  convenient  places  and  means 
for  erecting  the  said  small  forts  ;  who  may  likewise  be  imploy'd  as 
Commissary  to  settle  the  boundaries  of  Nova  Scotia.  It  will 
also  be  for  your  Majesty's  service,  that  another  person  well  skill'd 
in  Naval  Stores,  shou'd  be  appointed  to  survey  the  woods  and 
inland  country,  that  your  Majesty  may  have  a  perfect  account, 
what  trees  there  are  proper  for  timber,  masts  and  making  of  tar 
and  what  land  there  is  proper  for  raising  of  hemp.  Col.  Philips 
proposes,  in  the  8th  Article  of  his  Memorial,  that  a  small  vessel 
shou'd  be  appointed  to  attend  the  service  of  the  Government 
there,  and  that  all  your  Majesty's  subjects,  who  may  come  to  fish 
there,  shou'd  have  liberty  to  cure  their  fish  upon  the  coasts,  which 
we  conceive  to  be  highly  reasonable,  such  a  vessel  being  necessary 
for  carrying  orders,  and  keeping  a  communication  with  the 
several  forts  and  settlements  in  his  Government.  And  we 
humbly  offer  for  the  better  advancement  of  the  Fishery,  that  in 
all  grants  to  be  made  of  land,  in  your  Majesty's  said  Province,  a 
reservation  be  made  of  a  certain  space  of  ground  from  high  water 
mark,  to  be  kept  free  for  any  of  your  Majesty's  subjects  to  erect 
stages  and  other  necessary  conveniences  for  managing  and  curing 
of  their  fish.  But  we  beg  leave  to  lay  before  your  Majesty,  the 
necessity  and  consequence  of  giving  all  possible  encouragement  to 
such  persons  as  shall  be  inclin'd  to  settle  in  this  Province,  for  which 
purpose  it  may  be  proper,  that  Col.  Philips  shou'd  have  a  Com- 
mission under  the  Great  Seal,  and  all  the  same  powers  and 
Instructions  for  his  conduct  there,  more  particularly  relating  to  the 
disposal  of  lands,  with  other  Governors  of  your  Majesty's  Planta- 
tions, so  far  as  the  same  may  be  practicable  in  so  young  a  Colony, 
wch.  we  are  persuaded  may  be  render 'd  very  useful  to  Great 
Britain,  tho',  we  have  reason  to  believe,  the  French  do  at  present, 
notwithstanding  their  cession  of  that  country,  continue  to  reap 
much  greater  advantages  from  thence  than  your  Majesty's  own 
subjects.  Autograph  signatures.  Endorsed,  R.  10th  June,  1718. 
12  pp.  Enclosed, 

550.  i.  Copy  of  Col.  Philips'  Memorial.     [C.O.  194,  23.     Nos. 
30,  30  i.  ;  and  (without  enclosure),  218,  1.     pp.  362-375.] 

May  31.         551.     Lt.   Governor  Bennett  to  the   Council  of   Trade   and 
uda-     Plantations.     Repeats  part  of  letter  of  29th  March,  etc.     Con- 
tinues : — Since  that,  I  understand  [the  pirates  at  Providence]  have 


AMERICA    AND    WEST    INDIES.  261 

1718. 

altered  their  treatment  and  sent  threatningly  to  the  (lapt.  [of 
H.M.S.  Phoenix],  whose  ship  lay  att  anchor  in  the  harbour,  to  be 
gone,  or  it  should  be  worse  for  him,  soe  that  I  conclude  all  have 
surrendred  that  intends,  and  the  inclosed  affidts.  demonstrates 
several  again  are  gone  out  on  the  account  and  proves  more  cruel 
than  formerly  :  I  fear  they  will  soon  multiply  for  to  many  are 
willing  to  joyn  with  them  when  taken,  and  with  submission  if  some 
speedy  care  be  not  used  to  suppress  them  the  trade  into  and  out 
of  the  West  Indies  will  greatly  suffer,  besides  the  miserable  con- 
sequences of  their  inhumanities  :  As  for  the  circumstance  of  the 
inhabitants  of  this  country,  we  are  much  worse  than  any  other 
place,  for  our  general  way  of  begining  voyages  is  to  goe  to  the 
Bahama  Islands  or  Turks  Islands  for  a  load  of  salt,  which  many 
of  the  pirates  well  know,  and  consequently  when  they  want  a  sloop 
or  provision  can  tell  where  to  meet  Bermudeans  :  and  before  H.M. 
Proclamation  to  encourage  them  to  come  in  and  surrender,  they 
often  sent  me  word  by  masters  of  vessels  they  had  taken,  that  if  a 
pardon  did  not  come  out  very  soon  they  were  resolved  to  attack 
this  Island  and  make  a  new  Madagascar  of  it,  and  now  they  give 
out,  that  when  the  men  of  war  cruses  upon  them  amongst  the 
Bahama  Islands,  they  will  joyn  all  the  forces  they  can  and  come 
and  take  this  country  :  and  before  those  pirate  vessels  that  went 
lately  out  from  Providence  there  were  several  others  att  sea  (vizt.) 
one  Tatch  with  whom  is  Major  Bonnett  of  Barbados  in  a  ship  of 
36  guns  and  300  men,  also  in  company  with  them  a  sloop  of  12  guns 
and  115  men,  and  two  other  ships,  in  all  which,  it  is  computed  there 
are  700  men  or  thereabt.,  one  Coudon  in  a  sloop  of  12  guns,  0 
pattireroes,  12  brass  bases  and  130  men,  a  French  ship  of  30  guns 
and  350  men  most  of  that  Nation,  a  French  sloop  of  6  guns  and 
40  men,  one  Vaine  in  a  sloop  of  6  guns  and  60  men,  and  several 
others  may  be  out  that  I  have  not  been  inform 'd  off,  but  if  what 
is  known  should  joyn  together  they  will  be  much  superior  to  what 
force  we  can  make  to  oppose  them,  as  yor.  Lordps.  may  be  pleased 
to  see  by  the  account  of  the  number  of  inhabitants  I  lately  trans- 
mitted, and  one  third  of  them  att  least  must  always  be  supposed 
to  be  att  sea,  for  without  employing  our  navigation  we  must 
starve,  this  country  not  produceing  sufficient  for  a  quarter  part 
of  the  people  that  lives  in  it,  and  as  for  the  negro  men  they  are 
grown  soe  very  impudent  and  insulting  of  late  that  we  have 
reason  to  suspect  their  riseing,  soe  that  we  can  have  noe  depen- 
dence on  their  assistance  but  to  the  contrary  on  occasion  should 
fear  their  joyning  with  the  pirates.  What  I  would  humbly 
propose  to  put  this  country  (in  all  opinion)  under  a  circumstance 
of  security  both  agt.  the  pirates,  and  negroes,  would  be,  to  make 
up  the  complemt.  of  the  Independent  Company  now  here  to  100 
men,  4  serjts.,  4  corporals,  and  two  drumrs.  ;  also  that  another 
company  consisting  of  the  like  number  with  officers  be  sent  over, 
both  the  additional  men  and  the  other  company  to  be  young 
fellows  and  breed  to  handy  craft  trades,  which  would  be  a  great 
benifit  and  advantage  to  the  Island  in  general :  Also  with  sub- 
mission it  would  be  absolutely  necessary  that  one  fourth  rate  man 
of  war  or  two  fifth  rates  be  ordered  here,  the  pirates  haveing 


262  COLONIAL    PAPERS. 

1718. 

frequently  made,  some  few  leagues  to  the  westward  of  us  their 
cruseing  ground.  As  for  the  number  of  Militia  we  have,  they 
are  (as  I  have  heard  many  say)  as  good  as  any  in  the  West  Indies, 
and  are  always  ready  on  occasion,  and  the  fortifications  in  a 
v.ery  good  condition,  soe  that  if  any  attempt  be  made  i'le  do  what 
possibly  I  can  with  the  few  men  I  have  to  defend  this  important 
place  in  respect  to  trade  both  into  and  out  of  the  West  Indies,  for 
were  it  in  an  enemy s  hands  it  lies  soe  very  much  in  the  way  few 
vessels  would  escape,  if  the  most  advantage  should  be  made  of 
it's  scituation.  If  it  be  concluded  on  to  send  the  souldiers  desired, 
subsistance  must  be  constantly  supplied,  it  not  being  possible  to 
quarter  and  put  them  on  credit,  the  inhabitants  being  generally 
soe  poor  that  they  can  neither  lodge  nor  provide  for  them.  On 
1st  Aprill  arrived  here  a  sloop  called  the  Elizabeth  that  belonged 
to  several  persons  of  these  Islands,  which  was  taken  att  Turks 
Islands  on  15th  Jan.  by  one  Capt.  Fife,  who  was  mate  of  a  sloop 
belonging  to  St.  Christophers,  and  being  att  anchor  in  St.  Johns 
harbour  att  Antigua,  on  llth  Nov.  last,  in  the  night  five  of  his 
own  men  with  two  others  surprised  him  in  his  cabbin  and  told  him 
they  were  resolved  to  run  away  with  the  sloop  a  pirateing,  and  he 
their  mate  must  take  the  comand  of  her,  which  he  refuseing  (as  he 
says)  they  put  a  pistol  to  his  brest  and  swore  if  he  would  not  take 
up  the  sword  he  should  have  that  (meaning  as  he  supposed  they 
would  shoot  him)  and  finding  them  resolute  he  was  obliged  for 
preservation  of  life  to  doe  as  they  would  have  him  etc.  They 
forced  several  of  the  Elizabeth's  men  to  goe  along  with  them,  and 
obliged  Fife  to  continue  the  comand,  and  soe  proceeded  a  pirateing 
in  the  Elizabeth,  and  took  several  vessels  some  men  voluntarily 
joyning  ;  On  14th  March  last  in  the  evening  the  sloop  being  att 
anchor  near  Portorico  (an  Island  belonging  to  the  Spaniards)  a 
conao  was  espied  near  the  shoar,  whereupon  their  boat  was  got 
ready  and  all  the  profest  pirates  but  three  went  on  board  and  put 
off  and  stood  for  the  conao.  Upon  which  Capt.  Fife  and  the  rest 
of  the  forced  men  took  the  opportunity  and  secured  the  three 
pirates  and  cut  the  cable  with  the  intention  of  standing  out  to  sea, 
but  the  sloop  falling  off  the  wrong  way  and  the  pirates  in  the 
boat  judging  what  they  in  [the]  vessel  were  about  turn'd  and  stood 
back  again,  and  came  soe  near  the  sloop  before  they  could  get 
under  sail,  that  they  fired  over  them  with  their  small  arms,  but  the 
gale  springing  up  the  sloop  got  away  and  went  to  Turks  Islands, 
and  from  thence  brought  her  hither  and  surrendred  themselves  to 
me  being  in  number  fourteen  :  but  I  could  not  give  them  certi- 
ficates of  such  surrender  because  the  piracies  committed  were  after 
the  5th  of  Jan.  last,  therefore  doe  detain  them  till  I  hear  from  yor. 
Lordps.  or  the  Rt.  Hon.  Mr.  Secretary  Addison  to  whom  I  have  now 
wrote  to  the  same  effect  for  orders  etc.  Considering  the  whole  cir- 
cumstances and  their  bringing  the  sloop  hither  knowing  it  was  the 
port  she  belonged  to,  I  presume  it  may  be  reasonably  concluded  they 
were  all  actually  forced  men,  and  took  the  first  opportunity  to  relieve 
themselves:  This  may  be  the  case  of  others,  should  therefore  be  glad 
to  receive  Instructions  as  soon  as  conveniently  maybe  etc.  Signed, 
Ben.  Bennett.  Endorsed,  Reed.,  Read  1st  July,  1718.  Holograph. 
4  pp.  Enclosed, 


AMERICA   AND    WEST    INDIES.  263 

1718. 

551.  i.  Deposition  of  Samuel  Cooper,  Mariner,  of  Bermuda, 
24th  May,  1718.  Deponent  was  on  board  the  Diamond 
sloop,  Capt.  Tibby,  when  she  was  captured  off  Rum  Key, 
one  of  the  Bahama  Islands,  by  Charles  Vain,  Com- 
mander of  the  pirate  sloop,  Ranger.  The  pirates  robbed 
and  beat  Tibby  and  the  rest  of  the  company.  They 
had  taken  12  vessels  on  their  cruise,  7  belonging  to 
Bermuda,  including  Edward  North,  Daniel  Styles  and 
James  Basden.  They  beat  the  Bermudians  and  cut 
away  their  masts  upon  account  of  one  Thomas  Brown 
who  was  (some  time)  detain'd  in  these  Islands  upon 
suspicion  of  piracy  etc.  Brown,  they  said,  had  sub- 
scriptions of  hands  to  the  number  of  70  to  go  out  under 
his  command  upon  the  account  of  piracy  and  would  give 
no  quarters  to  Bermudians  etc.  Their  expressions  at 
drinking  were  Damnacon  to  King  George  and  that  they 
designed  to  be  with  us  (meaning  the  inhabitants  of  these 
Islands)  this  summer  etc.  Signed,  Samuel  Cooper. 
Copy.  I  \  pp. 

551.  ii.  Deposition  of  Edward  North,  Commander  of  the 
William  and  Martha  sloop,  22nd  May,  1718.  Captured 
14th  April,  and  maltreated  by  Vain  as  preceding.  One 
of  the  company  they  bound  hands  and  feet  and  ty'd 
(upon  his  back)  down  to  the  bowspritt  with  matches  to 
his  eyes  burning  and  a  pistol  loaded  with  the  muzzle 
into  his  mouth,  thereby  to  oblige  him  to  confess  what 
money  was  on  board  etc.  Corroborates  preceding.  On 
23rd  April  lying  at  anchor  at  Exuma,  together  with 
John  Peniston  Commander  of  a  sloop  of  this  Island,  he 
was  again  captured  and  robbed  by  Vain  etc.  They 
informed  deponent  that  they  had  taken  a  ship  belonging 
to  New  England,  two  sloops  of  Jamaica,  one  of  these 
Islands,  some  of  whom  they  acknowledged  to  have  used 
very  barbarously  by  beating  them  etc.,  and  that  they 
had  increased  20  in  their  number  of  men  in  about  9  days. 
About  1st  April  deponent  met  with  a  New  England 
ship  which  had  been  taken  by  a  French  pirate  sloop  of 
the  coast  of  Spaniola,  who  beat  him  with  all  his 
company,  and  forced  the  mate  and  others  to  proceed 
with  them.  Signed,  Edward  North.  Copy.  2  pp. 

551.  iii.*  The  above  are  true  copies  etc.    Signed,  B.  Bennett. 

551.  iv.  Deposition  of  James  Mack-Culle,  mariner,  of  Bermuda, 
16th  May,  1718.  About  15th  April,  Daniel  Styles  at 
Ilethera  informed  deponent  that  Vain  had  taken  and 
robbed  him  and  James  Basden  etc.  When  deponent 
departed  from  Providence  there  was  about  200  men 
remaining  there  etc.  Signed,  James  Mack-Culle.  Copy. 


551.  v.  Deposition  of  Nathaniel  Catling,  Mariner,  of  Bermuda, 
17th  May,  1718.  One  of  the  crew  of  the  Diamond. 
Confirms  No.  1.  After  beating  them  all,  the  pirates  of 
the  Ranger  hanged  up  deponent  by  the  neck  untill  they 


264  COLONIAL  PAPERS. 

1718. 

thought  he  was  dead.  Perceiving  he  began  to  revive, 
one  of  them  cut  him  with  a  cutlass  over  the  collar-bone, 
till  one  of  their  own  gang  contradicted  it  etc.  Signed, 
Nathl.  Catling.  Copy.  2  pp. 

551.  vi.  Deposition  of  Joseph  Besea,  Mariner,  of  Bermuda. 
28th  May,  1718.  On  19th  April,  being  in  command  of  a 
sloop  called  the  Samuel,  deponent  was  taken  nigh 
Crooked  Island  one  of  the  Bahama  lids,  by  Cha.  Vain,  who 
robbed  and  cruelly  beat  him  and  the  major  part  of  his 
company.  Confirms  Nos.  i.  and  ii.  Signed,  Joseph 
Besea.  Copy.  1  p. 

551.  vii.  Deposition  of  Nathaniel  North,  mariner,  of  Bermuda. 
22nd  May,  1718.  Confirms  Nos.  i.  and  ii.  etc.  Copy.  2  pp. 

551.  viii.  Deposition  of  John  Tibby,  of  Bermuda,  Commander 
of  the  Diamond  sloop  etc.  Confirms  Nos.  i.,  ii.,  vi.,  etc. 
Signed,  John  Tibby.  Copy.  2%  pp. 

551.  ix.  Deposition  of  Lewis  Middleton,  mariner,  of  Bermuda. 
28th  May,  1718.  Commander  of  the  sloop  Fortune  he 
picked  up  three  men  among  the  Bahama  Islands,  who 
said  they  had  been  turned  adrift  by  pirates.  They 
presently  seized  his  sloop  and  went  to  cruize  upon  the 
account  of  piracy  etc.  Signed,  Lewis  Middleton.  Copy. 
l%pp. 

551.  x.  Deposition  of  William  Hall,  Master  of  the  Penzance  of 
Bermuda,  captured  and  robbed  by  Vain  etc.  Confirms 
Nos.  i.,  ii.  Signed,  Wm.  Hall.  Copy.  2  pp.  [C.O. 
37,  10.  Nos.  10,  10  i.-x.] 

June  2.  552.  Lt.  Governor  Keith  to  Mr.  Popple.  I  should  be 
Philadelphia,  extreamly  glad  to  know  if  my  letters  last  year,  came  to  hand,  for 
I  have  not  yet  received  any  direction  from  White  Hall  relateing 
to  this  Government,  tho  it  be  very  much  wanted  in  some  cases. 
Some  laws  have  been  passed  here  for  the  support  of  Government, 
wherein  duties  that  have  been  formerly  laid,  were  either  renew'd 
or  continued  for  a  longer  time,,  and  this  rule  has  been  observed, 
that  our  duties  ariseing  from  any  part  of  trade  are  more  than 
one  half  less  than  the  duties  of  the  same  kind  which  are  now  at 
this  time  exacted  in  the  neighbouring  Provinces  of  Virginia, 
Maryland  and  New  York,  whereby  we  humbly  hope  that  our 
laws  cannot  run  the  risque  of  being  disaproved,  unless  those  of 
the  same  nature  in  the  other  Provinces 'be  also  repealed,  for 
otherways  a  great  inequality  and  much  inconvenience  would 
insue  to  the  mutual  commerce  of  these  Colonies  with  one  another 
if  anything  therefor  of  this  nature  be  suggested  with  you,  I  beg 
that  I  may  have  a  fair  opportunity  to  give  the  Board  a  full  and 
distinct  information  how  that  mater  realy  stands  amongst  us 
etc.  Signed,  W.  Keith.  Endorsed,  Reed.  17th  Nov.,  Read  4th 
Dec.,  1718.  2  pp.  [C.O.  5,  1265.  No.  108  ;  and  5,  1293. 
pp.  158,  159.] 

June  3.         553.     Governor  Hunter  to  Mr.  Popple.    Abstract.    Hops  for  a 
N.  York,     letter  from  him.     Complains  of  the  perpetual  drudgery  imposed 


AMERICA    AND    WEST    INDIES.  265 

1718. 

upon  him  by  his  enemies  in  answering  the  repeated  complaints  of 
"that  poor  crack'd  man,  Mulford."  Regrets  "that  unhappy  diff- 
erence at  Court."  Must  wait  for  a  ship  of  war  before  sailing  on 
leave,  pirates  being  busy  on  the  coast.  Fears  H.M.  pardon  will  have 
small  effect  upon  such  wretches.  Whatever  his  fate,  he  remains 
in  the  strictest  bonds  of  friendship  etc.  Set  out,  N.Y.  Col.  Docs. 
V.  504.  Signed,  Ro.  Hunter.  Endorsed,  Reed.  19th,  Read  22nd 
July,  1718.  Holograph.  2f  pp.  [(7.0.  5,  1051.  No.  70 ;  and 
5,  1124.  pp.  29-31.] 

June  3.  554.  Same  to  the  Council  of  Trade  and  Plantations.  By  a 
New  York,  ship  arriv'd  here  about  ten  or  twelve  days  agoe  I  had  a  letter 
from  Mr.  Philips  informing  me  that  I  had  by  that  conveyance  the 
honor  of  your  Losps.  commands  as  to  several  matters,  but  not 
receiving  any  such  I  conclude  that  your  Losps.  dispatches  must 
be  on  board  of  Hopkins  who  sail'd  with  this  ship  but  is  not  as 
yet  arriv'd,  but  I  was  more  surpriz'd  by  an  Order  from  the  Lords 
Commissioners  of  Appeales  to  cease  all  proceedings  against  Mr. 
Mulford  or  his  security  untill  H.M.  pleasure  should  be  known  in 
relation  to  the  complaints  he  has  prefer 'd  against  me.  For  by 
your  Losps.  commands  I  transmitted  to  your  Losps.  my  answers 
to  ye  sd.  groundlesse  complaints  by  several  ways  and  have  now 
againe  to  Mr.  Philips  as  much  as  remains  in  my  power  (having 
sent  many  original  papers  by  the  former  conveyances)  in  order  to 
their  being  lay'd  before  your  Losps.  or  any  other  board  which 
Mr.  Mulford  or  his  friends  shall  think  fitt  to  disturb  with  that 
matter.  It  seems  my  answer  is  still  wanted  before  the  Lords  of 
Appeals  ;  I  never  heard  that  the  matter  was  carried  thither,  but 
if  what  I  have  formerly  sent  to  your  Losps.  and  what  I  have  now 
againe  sent  to  Mr.  Philips  be  not  a  sufficient  answer  to  what 
that  craz'd  man  has  represented  I  know  not  what  can  be  esteemed 
so.  Unlesse  the  testimony  of  every  individual  person  in  this 
Province  (which  I  can  procure  a  very  few  excepted)  under  their 
hands  affirming  every  individual  article  in  these  papers  of  com- 
plaints which  any  way  relate  to  me  or  my  conduct  to  be  false  or 
falsely  stated  be  expected  from  me.  If  by  any  strange  accident 
none  of  my  former  letters  relateing  to  that  matter  be  come  to 
your  Losps.  hands  Mr.  Philips  will  now  lay  before  you  what  I  have 
transmitted  to  him,  but  if  you  have  recieved  the  former  these  are 
superfluous.  The  Assembly  here  is  mett  but  seem  to  desire  to  be 
adjourn'd  till  the  fall  for  reasons  which  I  have  hinted  to  Mr. 
Philips.  I  have  however  desir'd  them  to  continue  their  sitting 
some  time  in  hopes  of  having  youfLosps.  commands  by  Hopkins 
in  a  few  days.  The  duplicates  of  the  Acts  of  Assembly  minutes 
of  Council  and  other  publick  papers  not  being  as  yet  finisht, 
(the  ship  which  carried  them  having  departed  from  hence  lately) 
I  shall  by  the  first  conveyance  after  they  are  finisht  transmitt 
them  with  the  necessary  observations  to  your  Losps.  With  this 
your  Losps.  will  receive  the  quarterly  accounts  of  the  export  and 
import  of  this  Province  which  is  all  the  trouble  I  shall  presume  to 
give  your  Losps.  at  this  time  but  to  assure  you  that  I  am  with  the 
deepest  sense  of  gratitude  and  all  due  honor  etc.  Signed , 


206  COLONIAL    PAPERS. 

1718. 

Ro.  Hunter.     Endorsed,  Reed.  19th,Read  23rd  July,  1718.     Holo- 
graph.    3pp.     [C.O.  5,  1051.     No.  71  ;  and  5,  1124.    pp.  31-33.] 

June  12.        555.     Bryan  Wheelock  to  Mr.  Carkesse.     In  the  absence  of  Mr. 

Plantatn.     Popple,  encloses  for  the  opinion  of  the  Commissioners  of  Customs 

Whitehall     thereon  an  Act  °f  Jamaica,  1714,  for  ascertaining  the  number  of 

ports  of  entry,  and  obliging  officers  to  keep  deputies  at  such  ports  and 

to  prevent  all  clandestine  trade.     [0.0.138,16.     p.  114.] 

June  18.  556.  Governor  Johnson  to  the  Council  of  Trade  and  Planta- 
cimrles  Towno,  tions.  The  unspeakable  calamity  this  poor  Province  suffers  from 
South  Carolina.  pyra^s  obliges  me  to  inform  your  Lordships  of  it  in  order  that 
his  Majestie  may  know  it  and  be  induced  to  afford  us  the  assistance 
of  a  frigate  or  two  to  cruse  hereabouts  upon  them  for  we  are 
continually  alarmed  and  our  ships  taken  to  the  utter  ruin  of  our 
trade ;  twice  since  my  comming  here  in  9  moneths  time  they  have 
lain  off  of  our  barr  takeing  and  plundering  all  ships  that  either 
goe  out  or  come  in  to  this  port,  about  14  days  ago  4  sail  of  them 
appeared  in  sight  of  the  Town  tooke  our  pilot  boat  and  afterwards 
8  or  9  sail  wth.  severall  of  the  best  inhabitants  of  this  place  on 
board  and  then  sent  me  word  if  I  did  not  imediately  send  them  a 
chest  of  medicins  they  would  put  every  prisoner  to  death  which 
for  there  sakes  being  complied  with  after  plundering  them  of  all 
they  had  were  sent  ashore  almost  naked.  This  company  is 
comanded  by  one  Teach  alias  Blackbeard  has  a  ship  of  40  od 
guns  under  him  and  3  sloopes  tenders  besides  and  are  in  all  above 
400  men.  I  don't  perceive  H.M.  gracious  proclamacon  of  pardon 
works  any  good  efect  upon  them,  some  few  indead  surrender  and 
take  a  certificate  of  there  so  doing  and  then  severall  of  them 
return  to  the  sport  again  ;  notwithstanding  there  has  for  this  3 
moneths  last  past  been  a  man  of  warr  Capt.  Perce  Comr.  at 
Providence  severall  sloopes  have  fitted  out  a  py rating  from  thence 
dureing  her  being  there  and  I  am  credibly  inform 'd  there  are 
above  20  sail  now  in  these  seas  so  yt.  unless  ships  be  sent  to  cruse 
upon  them,  all  the  trade  of  these  American  parts  will  be  stopt,  for 
hardly  a  ship  goes  to  sea  but  falls  into  there  hands.  As  to  the 
warr  wth.  the  Indians  I  have  since  my  comming  made  peace  wth. 
severall  nations  perticulerly  the  great  nation  of  the  Creeks  who 
live  to  the  southward  near  St.  Augustin,  but  Treaty s  with  them  are 
very  precarious,  so  long  as  the  French  from  Movele  and  Spaniards 
from  St.  Augustin  live  and  have  built  forts  amongst  them  and  doe 
continually  by  presents  and  furnishing  them  with  arms  and 
ammunission  and  buying  the  slaves  and  plunder  incourage  them  to 
warr  upon  us,  this  is  certainly  fact  and  I  can  have  no  redress  altho 
have  severall  times  demanded  it.  Servants  slaves  robbers  and 
debtors  frequently  escape  from  hence  there  and  when  demanded 
can  have  no  return  from  the  Governor  but  that  he  will  send  to  the 
King  his  Master  to  know  his  pleasure  therein  and  soe  are  always 
kept  and  protected  ;  a  sloope  arived  here  from  Providence  about 
six  days  agoe  but  I  cant  learn  Capt.  Rogers  Governor  of  those 
Islands  is  yet  arived  there,  'tis  to  be  hoped  he  has  frigats  with  him 
and  a  good  force  of  land  men  otherways  he  will  runn  some  resque 


AMERICA    AND    WEST    INDIES. 


26? 


1718. 


June    18. 

Whitehall. 


June  18. 

Whitehall. 


[June  19. 


June  19. 

Whitehall. 


June  20. 

Whitehall. 


of  being  attact  by  pyrats  for  it  being  there  nest  and  rendevous  they 
will  be  unwilling  to  have  the  place  setled,  I  am  advised  there  are 
6  or  700  now  there,  etc.  Signed,  Robt.  Johnson.  Endorsed,  Reed., 
Read  28th  Aug.,  1718.  3  pp.  [C.O.  5,  1265.  No.  106  ;  and  5, 
1293.  pp.  154-157.]. 

557.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Craggs.  Enclose  extract  of  Governor  Hamilton's  letter,  (15th 
March)  relating  to  the  Spaniards  and  Crab  Island,  "  conceiving  the 
same  to  be  of  such  moment,  that  no  time  should  be  lost  in  laying 
the  state  thereof  before  H.M.,  that  H.M.  may  be  pleased  to  signify 
his  Royal  pleasure  thereupon  to  his  Governor  of  the  Leeward 
Islands,  and  give  such  further  directions  therein  as  so  extra- 
ordinary a  proceeding  may  deserve."  Enclose  extract  from  same 
letter  relating  to  the  want  of  ships  of  war  to  protect  the  Leeward 
Islands  etc.  Autograph  signatures.  1 J  pp.  Enclosed, 

557.  i.  Extracts  from  Governor  Hamilton's  letter,  15th  March. 

2  pp.     [C.O.  152,  39.     Nos.  129,  129  i.  ;    and  (without 
enclosure)  153,  13.    p.  309.] 

558.  Council  of  Trade  and  Plantations  to  the  King.     In 
reply  to  order  of  16th  March.     Repeat  representation  of  Jan. 
27  q.v.  "  H.M.  Order  was  not  delivered  to  us  till  the  10th  inst. 
(near  3  months  after  the  order  of  confirmation,  Feb.  13th,  was 
sent  away),  before  which  time  we  had  no  notice  of  any  complaint 
against  the  said  Act."     Set  out,  N.J.  Archives,  1st  Ser.  IV.  366. 
[C.O.  5,  995.     pp.  440,  441.] 

559.  William   Mathew,    Lt.    Governor   of    St.    Christophers 
(v.  23rd  March,  1716)  to  the  Council  of  Trade  and  Plantations. 
Prays  that  Charles  Payne,  Benjamin  Estridge  and  John  Garnett 
may  be  appointed  members  of  Council  of  St.  Christopher  in  the 
room  of  John  Panton  and  Ralph  Willett,  deed.,  and  John  Helden 
resigned.     They  are  men  of  steady  loyall  principles  to  H.M.,  of 
best  repute   and  estates  in  that  Island  etc.     Endorsed,  Reed., 
Read  19th  June,  1718.     1  p.     [C.O.  152,  12.     No.  93  ;   and  153, 
13.    p.  314.] 

560.  Council  of  Trade  and  Plantations  to  the  Lords  Com- 
missioners of  the  Treasury.     Enclose  extract  of  letter  from  Gover- 
nor Hamilton  relating  to  the  inhabitants  of  Anguilla,  (15th  March), 
and  repeat  their  suggestion  for  settling  St.  Kitts.  (v.  16th  Oct., 
1717  etc.)     [C.O.  153,  13.    pp.  316,  317.] 

561.  Mr.  Popple  to  Governor  Lowther.     Encloses  Acts  of 
Barbados  passed  since  H.M.  accession,  with  the  observations  of 
the   Council  of  Trade  thereon.      Some  are  marked   "  expired," 
some  "  to  lie  by  probational,"  etc.     The  Board  are  surprized  that 
they  have  received  no  letter  since  20th  July,  1717,  and  send  a  list 
of  publick  papers  wanting  for  their  information  etc.     P.S.  They 
have  now  received  letter  etc.  of  9th  May,  1718.     [C.O.  29,  13. 
pp.  459-466.] 


268 


COLONIAL    PAPERS. 


1718. 
June  20. 

Whitehall. 


June  20. 

Whitehall. 


June  20. 

Whitehall. 


June  20. 

Annapolis 
Roval. 


562.  Mr.  Popple  to  Mr.  Carkesse.     Encloses  copy  of  Order  of 
Council,  14th  May,  in  reply  to  20th  March  etc.     [C.O.  5,  1293. 
p.  153.] 

563.  Mr.  Tickell  to  Mr.  Popple.     Mr.  Secretary  Craggs  has 
signified  the  King's  pleasure  to  Mr.  Stanhope,  H.M.  Minister  at 
Madrid,  that  he  make  a  complaint  at  that  Court  of  the  Spaniards 
having  seized  Cfabb  Island  in  the  West  Indies,  and  drove  out  the 
inhabitants  there  etc.     Signed,  Tho.  Tickell.     Endorsed,  Reed., 
Read  20th  June,  1718.     1  p.     [C.O.  152,  12.     No.  95  ;   and  153, 
13.     pp.  317,  318.] 

564.  Mr.   Popple   to  Mr.    West.     Encloses,   for  his   opinion 
thereon,  Act  of  Antigua,    1718,  to  enable  Arthur  Freeman  and 
Dorothy  his  wife  to  sell  and  convey  a  certain  plantation,  to  make 
provision*  for  Henry  Sirnms  and  Eliz.  Athy,  children  to  the  said 
Dorothy  by  her  former  husband,  George  Symms  deed.     [C.O.  153,  13. 
p.  318.'] 

565.  Lt.   Governor  Douce tt  to  the    Council   of  Trade   and 
Plantations.     Refers  to  enclosures.     Continues  : — Upon  my  answer 
(No.  iii.)  they  [the  French  inhabitants  of  Minis]  sent  a  person  to 
Cape  Breton,  to  see  what  the  French  King  will  doe  with  them, 
they  haveing  in  the  late  Queen's  time  signed  an  agrement  wth. 
one  Capt.   La  Ronde   Denys  to  remain  subjects  to   His  Most 
Christian  Majesty,  the  same  gentleman  haveing  been  sent  on 
purpose  from  Cape  Breton,  who  promis'd  them  great  advantage's 
in  that  Island,  but  upon  some  of  them  goeing  thither  they  found 
nothing  answer  to  the  promises  made  them  upon  which  most  of 
them  came  back  again  and  have  lived  here  ever  since  without 
acknowledging  H.M.  King  George,  and  keep  their  lands  upon  the 
same  engagements  and  acknowledgements  to  the  French  as  when 
the  country  was  in  their  possession.     The  inhabitants  have  allso 
sent  a  person  from  hence  to  Cape  Breton  on  the  same  errand  as 
those  of  Minis,  by  whom  I  sent  the  paper  (No.  iv.)  to  the  Govr., 
and  haveing  had  an  opertunity  of  an  Indians  goeing  to  Canada,  I 
sent  a  letter  to  the  Marquiss  de  Vaudriel  (No.  v.),  but  as  ye  tt  have 
had  no  answer  to  either.     Some  of  the  Indians  of  this  country 
seem  to  be  sett  on  by  the  preists,  or  people  as  bad,  to  pretend  that 
the  country  belongs  only  to  them,  and  that  neither  the  English  or 
French  have  any  thing  to  doe  here,  and  have  insulted  and  used 
the  like  argument's  to  some  of  our  traders  on  the  coast,  but  yett 
are  very  civill  when  they  are  in  reach  of  our  country,  and  who  are 
as  civilly  treated  by  us,  some  of  them  own  that  the  French  inhabi- 
tants would  willingly  have  them  differ  with  us,  but  I  hope  your 
Lordships  will  find  a  method  of  sending  them  some  presents, 
which  would  easyly  prevent  the  influence  those  wicked  incendiarys 
have  over  them.     I  am  inform'd  att  this  time,  that  the  Indians 
are  gone  to  Cape  Breton,  for  presents  sent  there  by  the  French 
King.     The  truth  of  which  a  little  time  will  shew  etc.     Signed, 
John  Doucett.     Endorsed,  Reed.  19th  Dec.,  1718,  Read  10th  Feb., 
17it-     2i  PP-    Enclosed, 


AMERICA    AND    WEST    INDIES.  269 

1718. 

565.  i.  Lt.  Governor  Doucett  to  the  French  Inhabitants  of 
Minis.  Acknowledges  letter  v.  No.  371  iv.  If  you 
doe  not  comply  with  the  oath  required,  you  will  oblidge 
me  to  forbid  H.M.  subjects  to  trade  with  you,  and  if 
any  from  Canada,  Cape  Breton,  or  any  part  belonging 
to  the  French  King  shall  presume  to  trade  in  the 
territory s  belonging  to  the  King  of  Great  Britain, 
contrary  to  the  Articles  of  Peace,  I  shall  not  only 
represent  it  to  the  King  (my  Master)  but  seise  all  such 
vessells  as  lawfull  prises  etc.  You  ought  to  consider  in 
whose  Dominions  you  live,  and  not  longer  pretend  to 
capitulate  etc.,  you  having  it  in  your  own  choice  to 
become  subjects  to  the  King  of  Great  Brittain  and 
remaine  or  retire  etc.  Signed,  John  Doucett.  Same 
endorsement.  Copy.  1  p. 

565.  ii.  Pere  Felix  to  Lt.  Governor  Doucett,  Mines,  29th 
March  (N.S.)  1718.  Acknowledges  letter  etc.  v.  Feb.  10. 
The  people  are  sufficiently  instructed  in  their  duty, 
without  my  help  etc.  I  am  only  here  to  keep  them  with 
God  etc.  I  am  resolved  not  to  give  them  any  advice  one 
way  or  the  other  etc.  Signed,  F.  Felix.  Same  endorse- 
ment. Copy.  French.  1  p. 

565.  iii.  Lt.  Governor  Doucett  to  Pere  Felix.  Annapolis 
Royal,  26th  March,  1718.  I  think  you  acct  very 
prudently  in  leaveing  the  people  to  themselves  in 
temporal  affairs,  by  which  they  can  lay  noe  blame  on  you, 
if  they  suffer  for  accting  contrary  to  reason  etc.  I  shall 
henceforward  esteem  you  to  be  a  person  of  integrity 
etc.  No  signature.  Same  endorsement.  Copy,  f  p. 
565.  iv.  Lt.  Governor  Doucett  to  M.  St.  Ovide  Brouillan, 
Governor  of  Cape  Breton.  Annapolis  Royal,  May  15, 
1718.  I  wish  you  joy  of  your  new  Commission  etc., 
with  which  I  don't  doubt,  but  you  have  had  advice  of  the 
firm  alliance  between  the  King  of  Great  Britain  and  his 
most  Christian  Majesty  etc.  Complains  that  (i.)  "  several 
of  your  vessels  last  year  took  severall  thousand  quintalls 
of  fish  on  our  coast,  and  dry'd  them  on  the  same, 
contrary  to  an  Article  in  the  late  Peace  "  etc.  Desires  him 
to  order  French  subjects  to  desist  for  the  future,  (ii.) 
Severall  people  from  Cape  Breton  have  settled  and 
built  themselves  houses  and  stages  for  the  fishing  in 
severall  parts  of  H.M.  dominions  of  Nova  Scotia, 
especially  one  Latonde,  at  Cape  Cancer,  and  who  has 
done  great  damage  by  incensing  the  savages  against 
H.M.  subjects.  The  rest  of  the  French  inhabitants  who 
live  on  the  coast  dayly  doe  the  same  etc.  Desires  him 
to  order  Latonde  and  all  who  have  not  H.M.  permission 
to  reside  on  the  coast  of  Nova  Scotia,  to  retire,  (iii.) 
The  agreement  between  the  French  inhabitants,  and 
Capt.  La  Ronde  Denys,  not  haveing  been  comply 'd  with, 
has  been  a  great  detriment  to  these  Dominions,  etc. 
"  I  therefore  expect,  since  it  has  not  been  perform 'd  in 


270  COLONIAL    PAPERS. 

1718. 

the  time  allow'd  by  her  late  Majesty  for  their  retireing 
out  of  this  country,  it  may  be  anull'd,  if  the  inhabitants 
desire,  but  if  any  of  them  shall  not  so  desire,  that  then 
you  will  provide  for  their  retireing  into  his  Most  Christian 
Majesty's  Dominions,  as  speedily  as  may  be.  To  all 
which  I  with  impatience  wait  the  honour  of  your  answer" 
etc.  Signed,  John  Doucett.  Same,  endorsement.  Copy. 
2pp. 

565.  v.  Same  to  the  Marquiss  de  Vaudriell,  Governor  of  Canada 
and  Quebeck.  Annapolis  Royal,  April  15,  1718.  I 
have  the  honour  to  succeed  the  late  Lt.  Governor  of 
this  place.  I  shall  doe  my  best  endeavour  to  fulfil  the 
agreement  between  Great  Brittain  and  France  etc.,  and 
doubt  not  yor.  Excellency's  readyness  to  comply  with 
the  same  ;  for  which  reason  I  much  desire  your  Excellency 
to  send  me  a  line  or  two  hither  to  shew  the  inhabitants, 
that  those  who  have  a  mind  to  become  subjects  to  the 
King  of  Great  Brittain  has  free  liberty,  according  to  the 
articles  of  peace,  and  order  those  who  shall  not  to  retire 
to  Canada  etc.  I  allso  desire  your  Excellency  will 
comunicate  to  them  and  the  savages,  the  firm  alliance 
between  the  two  Crowns  etc.  Allso  if  the  Bishop  of 
Canada  would  give  orders  to  all  the  Missionarys  not 
to  acct  anything  cpntrary  to  King  George's  intrest  in 
these  his  Dominions,  which  if  they  doe,  I  must  be 
oblidged  to  use  such  methods,  as  would  not  be  pleaseing 
to  me  or  to  them  etc.  Signed  and  endorsed  as  preceding. 
Copy.  1J  pp.  [C.Q.  217,  2.  Nos.  54,  54  i.-v.  ;  and 
(without  enclosures)  218,  1.  pp.  378-381.] 


June  21.  566.  Governor  Sir.  N.  Lawes  to  the  Council  of  Trade  and 
Jamaica.  Plantations.  Encloses  copy  of  May  3rd,  since  which  I  have  not 
been  favour'd  with  any  of  your  commands.  With  the  unanimous 
advice  of  the  Council,  I  have  issued  writts  for  the  calling  of  an 
Assembly,  which  is  to  meet  on  the  first  of  August  next,  and  I  have 
no  reason  to  doubt,  but  they  will  meet  with  a  disposition  to  do 
their  country  service,  and  support  the  honor  and  dignity  of  the 
Government.  Herewith  yor.  Lordsps.  will  receive  two  accounts 
current  of  H.M.  revenue,  etc.  (v.  encl.  i.).  As  to  H.M. 
Instruction  to  transmit  the  number  of  inhabitants  etc.,  I  have  not 
yet  received  musters  of  all  the  Militia  regiments  nor  returns  from 
the  Parish  books  from  whence  this  account  must  be  collected. 
But  I  have  given  directions  to  the  proper  officers  to  prepare  such 
lists,  which  shall  be  transmitted  etc.  I  have  likewise  given 
particular  directions  to  the  Commissary  to  send  me  an  account  of 
the  births  christnings  and  burials.  But  I  am  afraid  he  will  not 
be  able  exactly  to  comply  with  the  same,  by  reason  that  some 
parishes  want  Ministers,  and  in  those  there  are  not  any  registers 
made  of  these  particulars,  in  others  lame  and  imperfect  accounts 
are  kept  so  that  there  is  no  dependance  to  be  had  upon  them.  I 
thought  to  have  sent  yor.  Lordps.  by  this  conveyance  the  Naval 


AMERICA    AND    WEST    INDIES.  271 

1718. 

Officers  accounts  of  entrys  and  clearances  etc.  and  the  number  of 
negros  imported  etc.  But  he  informs  me,  that  the  last  quarter's 
accot.  is  not  due  till  the  24th  instant.  I  have  not  yet  had  an 
opertunity  of  viewing  the  fortifications  etc.  I  am  daily  in  expect- 
ation of  the  arrival  of  an  Engineer,  and  then  I  will  take  a  survey, 
arid  order  plans  to  be  made  of  them,  which  when  done  shall  be 
carefully  transmitted.  It  is  with  great  concern  that  I  must  still 
acquaint  yor.  Lordsps.  of  the  dayly  complaints  I  receive  of 
pyracys  and  robberys  committed  in  these  parts,  insomuch  that 
there  is  hardly  one  ship  or  vessell,  coming  in  or  going  out  of  this 
Island  that  is  not  plunder'd.  And  this  in  great  measure  I 
impute  to  the  neglect  of  the  Commanders  of  H.M.  ships  of  warr, 
who  are  said  to  be  appointed  for  the  suppressing  of  pyrates  and  for 
a  security  to  this  Island,  and  protection  of  the  trade  thereof,  but 
in  reality  by  their  conduct,  have  not  the  least  regard  to  the 
service  they  are  designed  for.  There  are  innumerable  instances  of 
it.  The  Ludlow  Castle  which  brought  me  hither  was  order'd  by 
Capt.  Jacob  to  sail  to  the  Spanish  coast  in  six  days  after  I  landed  ; 
and  she  actually  sail'd  full  of  merchandize,  without  giving  me  the 
least  notice  thereof,  so  that  I  had  not  an  opertunity  of  notifying 
my  arrival  to  any  of  the  Spanish  Governors.  And  I  am  still 
altogether  a  stranger  when  that  ship  is  to  return.  The  Winchelsea 
has  not  been  here  since  my  arrival.  I  am  given  to  understand 
she  is  likewise  a  trading  on  the  Spanish  coast.  And  the  Diamond 
sail'd  about  ten  days  agoe  full  of  goods  (as  I  am  inform'd)  for  the 
coast  of  New  Spain.  So  that  ye  Adventure  and  Swift  sloop  going 
home  with  this  fleet,  the  Island  and  it's  trade  will  be  left  without 
any  of  H.M.  ships  for  their  protection.  Your  Lordpps.  undoubt- 
edly are  sensible  that  the  men  of  warr  carrying  goods  and 
merchandize  must  be  a  very  great  discouragement  to  the  fair 
trader,  and  to  the  seafaring  men  belonging  to  this  Island,  who 
ought  to  be  encourag'd  they  being  a  considerable  strength  and 
security  to  us,  and  more  especially  to  ye  town  of  Port  Roy  all 
which  hath  now  almost  lost  its  trade.  And  I  can  attribute  that 
to  nothing  more  than  the  men  of  warr's  transporting  goods  and 
merchandize  which  otherwise  would  be  done  by  vessells  belonging 
to  the  Island,  and  consequently  be  a  livelihood  to  numbers  of 
seafaring  men,  who  now  have  not  bread  for  want  of  employment, 
which  is  the  chief  occasion  of  so  many  of  them  going  a  py rating. 
I  hope  yor.  Lordshps.  as  you  have  always  espous'd  and  endeavour'd 
the  good  and  prosperity  of  this  Colony,  will  now  be  pleas 'd  to  lay 
this  matter  before  H.M.  for  redress  for  should  the  men  of  warr 
continue  under  the  same  regulations  they  now  are  they  will  be  of 
little  service  to  this  country.  Signed,  Nicholas  Lawes.  Endorsed, 
Reed.  Aug.  29th,  Read  Sept.  3rd,  1718.  4|  pp.  Enclosed, 

566.  i.  Account  of  H.M.  Revenue  in  Jamaica  25th  March  1716- 

29th  Sept.,  1717.  Endorsed  as  preceding.  5J  pp. 
566.  ii.  Account  of  H.M.  Revenue  in  Jamaica,  29th  Sept., 
1717-25th  March,  1718.  Signed,  James  Knight, 
Receiver  Cenll.,  Deane  Poyntz,  Dep.  Auditor,  Nicholas 
Lawes.  6J  pp.  [C.O.  137,  13.  Nos.  13,  13  i.,  ii.  ;  and 
(without  enclosures)  138,  16.  pp.  121-126.] 


272 


COLONIAL    PAPERS. 


1718. 
June  23, 

Tofts  in 
Essex. 


June  24. 

Virginia. 


567.  Mr.  Barrington  to  Mr.  Popple.     Asks  that  his  nephew, 
Mr.  Yeamans,  may  be  appointed  to  the  Council  of  Antego.     He 
has  a  considerable  Plantation  there,  and  is  ready  to  embark  ;  a 
young  gentleman  of  very  good  parts  and  learning  and  of  great 
affection  and  zeal  to  H.M.  etc.     Signed,  J.  Barrington.     Endorsed, 
Reed.  25th,  Read  26th  June,  1718.     3  pp.     [C.O.  152,  12.     No. 
98.] 

568.  Lt.  Governor  Spots  wood  to  the  Council  of  Trade  and 
Plantations.     The  General  Assembly  which  I  have  now  on  foot 
here,  being  at  their  own  desire  under  a  pretty  long  adjournment, 
I  take  this  opportunity  to  lay  before  your  Lordps.  a  brief  account 
of  some  of  their  extraordinary  proceedings,  because  the  Journals 
cannot  be  compleated  till  the  determination  of  the  Session  etc. 
It  is  necessary,  for  the  better  understanding  the  temper  of  the 
present  House  of  Burgesses,  to  give  your  Lordps.  a  view  of  the 
Arts  by  which  they  were  chosen.     No  sooner  was  the  resolution 
taken  to  call  an  Assembly  upon  what  H.M.  was  pleased  to  recom- 
mend in  relation  to  the  regulating  the  Indian  Trade,  the  making 
provision  for  the  defence  of  the  frontiers,  and  the  reimburseing 
the  expence  of  the  late  Indian  Company,  than  the  discontented 
party  very  assiduously  applyed  themselves  to  instill  into  the 
people  a  belieff  that  great  sums  would  be  required  of  them  for 
this  purpose,  and  that  they  would  be  entirely  ruined,  if  they  chose 
for  their  Burgesses  any  one  who  had  an  affection  to  the  Governor  : 
A  specimen  of   the  reasoning  and  good  manners  of  the  Party 
yor.  Lordps.  may  find  in  the  inclosed  paper  (No.  i.),  penn'd  (as 
is  credibly  reported)  by  a  Member  of  the  Council,  and  dispersed 
with  great  industry  through   most  countys  in  the   Colony  to 
poyson  the  minds  of  the  populace.     To  increase  the  disaffection 
towards  the  friends  of  the  Government,  great  care  was  also  taken 
to  possess  the  people  with  a  partial  account  of  the  dispute  about  the 
Courts  of  Oyer  and  Terminer  etc.     A  paper  was  drawn  up  in  the 
nature  of  a  grievance  agt.  those  Courts,  and  sent  all  over  the 
country  to  be  signd  by  the  people  :  and  in  order  to  make  this  go 
down  the  better  some  other  popular  propositions  were  coupled 
with  it,  such  as  the  ascertaining  officers  fees  by  law  etc.  being 
what  everyone  desired  to  see  regulated.     But  this  train  would 
not  take,  the  people  generally  refusing  to  concern  themselves 
therin  ;    and  chusing  rather  to  drop  the  article  of  the  officers  fees, 
than  sign  to  that  which  they  knew  to  be  only  calculated  to 
enlarge  the  power  of  a  party  in  the  Council.     So  that  this  grievance 
of  the  Oyer  and  Terminer  Judges  came  only  recommended  from 
two  countys,  and  signd  in  one  of  them  but  by  18  and  in  the  other 
by  no  more  than  1 1  and  all  of  them  very  obscure  fellows.     However 
having  by  great  industry,   in  propagating  calumny s,   and  the 
practices  usual  in  elections  got  many  of  their  relations,  and  others 
of    weak    understandings,    and    credulous    tempers    chosen    for 
Burgesses,  upon  the  meeting  of  the  Assembly  there  appeared  a 
majority  of  that  party  :     And  that  yor.  Lordps.  may  see  what 
the  state  of  the  country  then  was,  and  what  was  expected  of  the 
Assembly  on  that  occasion,   I  have  here  inclosed  my  Speech 


AMERICA    AND    WEST    INDIES.  273 

1718. 

(No.  ii.)  at  the  opening  of  the  session  :   The  flourishing  condition 
of  the  trade  and  manufactures,  the  peace  and  tranquillity  of  the 
Colony,  and  the  riches  of  the  publick  Treasury  therein  described, 
are  all  acknowledged  (tho  indeed  in  an  awkward  manner)  by  the 
Burgesses  in  their  Address  (No.  in.),  because  neither  could  be 
denyed.     And  I  hope  yor.  Lordps.  by  perusing  these  two  papers 
will   judge    that    I    have  in  some    measure    answered   the  end 
of    my    mission    here,    when    from    a    state    of    the    greatest 
poverty,   a  general  decay   of   all  H.M.  revenues,   and  a   want 
of    means    to    defend    it    self,    this    country    has    under    my 
administration  arrived  at  that  flourishing  estate  it  now  enjoys 
in    all    the    branches    of    its    trade,    and    a    bank    of    14    or 
£15000  in   its   Treasury  after  all  the  publick  debts   are  paid. 
The    first    remarkable    step    the    Assembly    proceeded   in,   was 
to  address  the  King  to  revoke  the  late   Instruction  prohibit- 
ing the  passing  of  laws  which  affect  the  trade  and  shipping  of 
Great  Britain  ;  To  which  they  added  another  clause  complain- 
ing of  the  power  given  the  Governor  to  nominate  the  Judges 
of  the  Oyer  and  Terminer  Courts,  and  praying  that  the  Council 
may  be  the  sole  Judges  of  life  and  death  (No.  iv.).     To  sollicite 
this  Address,  they  thought  fitt  to  have  a  particular  Agent :  and 
to  this  purpose  prepared  a  bill,  whereby  the  Burgesses  were  of 
themselves  impowered  to  name   (barely  by  a  resolve  of  their 
House)  any  person  to  be  their  Agent,  by  the  like  resolve  to  change 
him  and  put  in  another,  and  by  the  same  power  of  a  resolve  to  pay 
such  Agents  what  sums  they  thought  fitt  without  any  concurrence 
of   the   Governor   and   Council.     This   power,   tho   strenuously 
contended  for,  by  such  of  the  Council  as  set  the  Burgesses  to 
work,  was  nevertheless  so  ill  relished  by  the  soberer  men  of  the 
same  party,  and  so  exclaimed  against,  by  the  other  Gentlemen 
of  the  Council  who  are  not  in  that  interest,  that  it  was  at  last 
rejected  in  the  Council.     And  soon  after  a  vote  passed  in  the 
Burgesses  House  appointing  Mr.  Byrd  their  Agent,  and  assuring 
him   of   a   suitable  gratification  for  his   trouble,   and  a  select 
Committee  appointed  to  prepare  Instructions  for  him,  (No.  v.). 
By  which  yor.  Lordps.  will  perceive  what  mighty  occasion  they 
have  for  throwing   away  the  countrys  money  upon  such   an 
Agent  when  they  have  so  little  business  for  him  to  negotiate  ; 
and  when  they  were  told  that  the  transmitting  Addresses  to  the 
Sovereign  in  any  other  manner  than  through  the  hands  of  the 
Governor   had   been   disapproved   by   the   late   Queen   upon   a 
Representation  from  yor.  Lordps.'  Board  in  a  case  wherein  this 
very  Gentleman  was  imployed  as  Agent  in  1702.     But  the  truth 
is  the  main  aim  of  constituting  an  Agent  was  disappointed  by 
the  miscarriage  of  their  Bill,  which  would  have  enabled  that  party 
(if  they  were  so  weak  as  to  imagine  I  would  pass  it)  to  dispose  of 
every  'farthing  of  the  publick  money  at  their  pleasure  to  their 
own  friends,  for  by  the  same  power  of  making  and  gratifying 
Agents  by  the  resolve  of  their  House,  they  might  from  time  to 
time  have  nominated  one  another  and  given  what  sums  they 
thought  fitt  for  no  service  at  all.     That  this  is  no  unreasonable 
conjecture  will  appear  from  another  step  taken  after  their  Agents 

Wt.  441.  C.P.  18 


274  COLONIAL    PAPERS. 

1718. 

bill  miscarryed  :  A  bill  was  prepared  by  the  Burgesses,  sent  up  to 
the  Council  and  pass'd  there,  whereby  £4000  of  the  publick  money 
was  directed  to  be  put  into  the  hands  of  Mr.  Archibald  Blair 
under  pretence  of  entrusting  him  to  put  it  out  at  interest  for 
4  pr.  cent.  pr.  annum,  of  which  he  was  to  be  allowed  one  half 
for  his  trouble  :  but  with  this  express  condition  that  if  he  did  not 
lend  it  he  should  pay  no  interest  at  all.  This  Gentleman  now  a 
Member  of  the  House  of  Burgesses,  is  brother  to  Mr.  Commissary 
Blair  one  of  the  Council,  and  they  two  are  in  partnership  with 
Collonel  Ludwell  in  one  of  the  most  considerable  trading  stores 
in  this  country  :  and  as  this  money  being  once  placed  in  his  hands 
by  an  Act  of  Assembly  could  not  have  been  called  out  but  by  the 
same  authority,  and  as  there  is  in  the  Council  a  great  majority 
of  the  relations  of  those  Gentlemen  ;  should  they  have  refused  their 
concurrence  to  the  recalling  that  money  it  must  have  remained 
in  their  hands  without  any  interest  to  the  country  as  long  as 
they  pleased  ;  And  for  this  reason  I  have  resolved  to  reject  that 
bill.  Having  thus  far  given  yor.  Lordps.  a  summary  of  proceed- 
ings in  relation  to  party  interest,  I  shal  next  show  what  attempts 
have  been  made  this  session  on  the  prerogative  and  interest  of 
the  Crown.  I  have  already  observed  that  the  ascertaining  and 
regulating  the  fees  of  divers  publick  officers  was  generally  desired 
by  the  country,  in  regard  the  former  laws  being  expired  gave 
too  great  a  liberty  for  exaction  :  This  being  therefore  a  very 
popular  Act,  it  was  believed  a  Governor  would  not  so  far  disoblige 
the  country  as  to  reject  it :  and  upon  this  view,  the  Party  who 
always  have  their  eyes  very  quick  to  watch  all  advantages  for 
lessening  the  power  of  the  Crown  tack'd  to  this  bill  a  clause  for 
altering  the  power  which  the  King  has  thought  fitt  to  grant  the 
Secretary  of  placing  and  displacing  the  County  Court  Clerks  : 
These  Clerks  (according  to  their  scheme)  were  to  hold  their  places 
during  the  pleasure  of  the  Justices  of  their  respective  County s, 
who  might  suspend  them,  and  put  others  in  their  room,  saving 
only  that  the  suspended  Clerk  had  an  appeal  to  the  General 
Court,  but  tho  he  might  be  restored  by  that  Court,  he  was  to  have 
none  of  the  profites  during  the  suspension.  This  bill  thus  framed 
being  sent  up  to  the  Council,  it  was  surprizing  to  find  so  many 
advocates  for  it  among  men  sworne  to  defend  the  rights  of  the 
Crown,  and  this  extraordinary  argument  used  for  passing  it, 
That  County  Court  Clerks  being  often  chosen  Burgesses,  it  gave 
the  Governor  too  great  an  interest,  in  that  House  over  persons  who 
thus  held  their  places  during  the  pleasure  of  an  officer  of  the  King's 
immediate  appointment,  and  that  therefore  it  was  necessary  to 
transfer  the  dependance  of  these  Clerks  upon  other  masters. 
An  argument  worthy  of  the  King's  Council ;  to  deprive  H.M.  of 
the  service  of  all  those  who  had  any  obligation  to  promote  his 
interest;  and  is  the  same  in  effect  as  was  aim'd  at,  last  Assembly 
for  excluding  all  officers  out  of  the  House  of  Burgesses.  But  tho 
by  this  clause  in  the  abovementioned  bill  they  would  thus  have 
abridged  the  power  of  the  Crown,  they  hoped  thereby  to  draw  a 
greater  dependance  on  themselves  as  Judges  of  the  General 
Court  since  everyone  who  had  the  misfortune  to  be  suspended  by 


AMERICA   AND    WEST    INDIES.  275 

1718. 

a  prevailing  party  in  his  County  Court,  must  ow  his  restoration 
or  ruin  to  the  present  sett  of  Councelors,  and  consequently  must 
depend  more  on  their  favour  for  keeping  his  office  than  on  the 
Governor  and  Secretary  who  first  gave  it  him.  But  I  having 
very  plainly  declared  that  unless  that  clause  was  struck  out,  I 
would  not  pass  the  bill,  and  that  they  must  be  answerable  for 
hindring  the  redress  of  the  country s  only  grievance,  they  thought 
fitt  at  last  to  leave  it  out,  and  so  the  bill  is  past,  to  the  great 
satisfaction  of  the  whole  country  :  who  tho  they  were  earnest  for 
ascertaining  the  officers  fees,  never  made  the  least  mention  in  any 
of  their  grievances  of  altering  the  power  of  appointing  the  clerks. 
Some  time  last  Fall  the  Post  Master  General  of  America  having 
thought  fitt  to  endeavour  the  settling  posts  through  Virginia  and 
Maryland  (in-  the  same  manner  as  they  are  settled  in  the  other 
Plantations  to  the  northward)  in  pursuance  of  the  Act  of  Parlia- 
ment of  the  9th  of  Queen  Anne,  gave  out  commissions  for  that 
purpose,  and  posts  were  accordingly  established  once  a  fourtnight 
from  Williamsburgh  to  Philadelphia  and  for  the  conveyance  of 
letters  brought  by  sea  through  the  several  county  s.  In  order 
thereto  the  Post  Master  set  up  printed  placarts  (such  as  were 
sent  in  by  the  Post  Mrs.  General  of  Great  Britain)  at  ye  several 
ports  requiring  the  delivery  of  all  letters  not  excepted  by  the 
Act  of  Parliament  to  his  Deputys  there.  No  sooner  was  this 
noised  abroad,  but  great  clamour  was  raised  against  it.  The 
people  were  made  believe  that  the  Parliament  could  not  lay  any 
tax  (for  so  they  call  the  rates  of  postage)  on  them  without  the 
consent  of  the  General  Assembly.  That  besides  all  their  letters 
were  exempted,  because  scarce  any  came  in  here  but  what  some 
way  or  other  concerned  Trade.  That  tho  the  masters  of  the 
ships  should  for  the  reward  of  a  penny  a  letter  deliver  them,  yet 
the  Postmr.  could  demand  no  postage  for  the  conveyance  of  them, 
and  abundance  more  to  the  same  purpose  as  ridiculous  as  arrogant. 
This  gave  a  handle  for  framing  some  grievances  to  the  Assembly 
against  this  new  office  :  and  thereupon  a  bill  is  prepared  and  passd 
both  Council  and  Burgesses,  which  tho  it  acknowledges  the  Act 
of  Parliament  to  be  in  force  here,  doth  effectually  prevent  its 
being  ever  put  in  execution.  The  first  clause  imposes  an  obliga- 
tion on  the  Post  Master  to  which  he  is  no  ways  bound  by  the  Act 
of  Parliament.  The  2d  clause  lays  a  penalty  of  no  less  than  five 
pounds  for  every  letter  he  demands  or  takes  from  on  board  any 
ship,  wch.  shal  be  deemed  to  be  excepted  by  the  Act  of  Parliament, 
and  the  last  clause  appoints  the  stages  and  limits  the  time  of 
conveyance  of  all  letters  under  an  extravagant  penalty.  As  it  is 
impossible  for  the  Post  Master  to  know  whether  the  letters  he 
receives  be  excepted  or  not,  and  that  according  to  the  inter- 
pretation our  Judges  give  of  the  Act  of  Parliament  all  letters  sent 
from  any  merchant  whether  it  concern  the  merchandize  on  board 
or  not  are  within  the  exception  of  the  law,  the  Post  Master  must 
meddle  with  no  letters  at  all  or  run  the  hazard  of  being  ruined. 
And  the  last  clause  of  the  bill  besides  its  contradiction  to  the  Act 
of  Parliament  in  appointing  the  stages  wch.  is  expressly  reserved 
to  the  Post  Mr.  General  according  to  instructions  to  be  given  him 


276  COLONIAL    PAPERS. 

1718. 

by  the  Sovereign,  is  so  great  an  impossibility  to  be  complyed 
with,  that  considering  the  difficulty  of  passing  the  many  great 
rivers,  the  Post  Mr.  will  be  under  a  penalty  at  20,9.  for  every  letter 
he  receives  during  the  whole  winter  season  because  he  cannot 
convey  them  in  the  time  limited  by  this  bill.  From  whence  yor. 
Lordps.  may  judge  how  well  affected  the  major  part  of  the 
men  are  towards  the  collection  of  this  branch  of  H.M.  Revenue  and 
will  therefore  be  pleased  to  acquitt  me  of  any  censure  if  I  refuse 
my  assent  to  such  a  bill.  To  demonstrate  further  the  inclination 
of  these  Gentlemen  towards  the  King's  Prerogative.  A  bill  being 
brought  in  for  altering  the  day  for  holding  Courts  in  the  County 
of  Northampton,  was  thrown  out  upon  the  third  reading,  purely 
because  there  was  in  it  a  saving  to  the  right  of  the  King  to  alter 
the  said  Court  days  upon  the  application  of  the  Justices  to  the 
Governor  ;  Tho  the  same  salvo  has  been  inserted  in  other  bills  of 
the  like  nature  passd  since  my  administration.  And  it  is  very 
remarkable  that  the  Burgesses  read  this  bill  twice  and  had  it 
engross'd,  without  objecting  agt.  this  salvo,  till  by  the  Members 
who  spoke  against  it  at  last,  it  came  to  be  discovered  they  had  acted 
contrary  to  the  sentiments  of  their  directors  in  the  Council. 
H.M.  recommendation  of  the  Indian  Company's  expences  on  the 
publick  service  of  this  Government,  has  mett  with  the  regard 
which  might  be  expected  from  men  of  such  principles  as  compose 
the  leading  party  in  both  Houses  of  Assembly.  The  building 
the  Indian  School,  the  maintaining  the  guard  at  Christanna,  and 
all  the  charge  of  repairing  that  fort,  tho  expressly  enjoined  by 
the  Act  of  Assembly  to  be  performed  by  the  late  Company,  are 
now  voted  of  no  service  to  the  country,  and  the  charge  thereof 
refused  to  be  paid.  The  first  instance  perhaps  in  H.M.  Dominions, 
where  men  have  been  obliged  by  law  to  performe  a  service  for 
the  publick  in  expectation  of  a  benefite,  and  that  benefite  taken 
away,  without  any  compensation  for  what  was  laid  out  to  purchase 
it.  And  to  render  the  whole  proceedings  of  a  peice,  the  Indian 
hostages  taken  for  securing  the  Peace  of  the  Colony  are  ordered 
to  be  sent  back  ;  the  Indian  Trade  voted  to  want  no  regulation  : 
The  Fort  built  for  the  defence  of  the  frontiers  resolved  to  be 
slighted  :  The  Tributary  Indians  who  in  complyance  with  their 
Treaty,  removed  from  a  place  of  safety,  to  that  Fort,  purely  to 
strengthen  the  barrier  of  the  inhabitants,  are  voted  to  be  entitled 
to  no  other  protection  than  the  other  Tributarys  (who  refused  to 
performe  their  engagements).  And  that  for  this  extraordinary 
reason  expressd  in  their  votes,  because  these  Indians  were  the  only 
Nation  of  the  Tributarys  who  did  comply  with  their  Treatys. 
Thus,  my  Lords,  by  the  pre valency  of  a  party,  and  their  assiduity 
in  debauching  the  minds  of  weak  and  inconsiderate  men,  all 
the  measures  which  have  been  projected  for  the  defence  of  the 
country  are  now  overturned  ;  tho  entered  upon  with  the  almost 
unanimous  concurrence  of  the  Council  and  the  approbation  of 
former  Assemblys  ;  the  Christianizing  of  the  Indians,  which  was  in 
so  fair  a  way  of  being  compass'd,  defeated  :  the  Kings  authority 
encroachd  on,  his  interest  thwarted  and  opposed,  his  recommen- 
dation slighted  ;  and  common  justice  denyed  to  those  who  have 


AMERICA    AND    WEST    INDIES.  277 

1718. 

laid  out  their  estates  for  the  publick  service  of  the  Government 
and  on  the  publick  faith.     And  after  all  this  undutifull  behaviour 
towards  their  Sovereign  and  neglect  of  the  real  interest  of  their 
country,  it  will  be  no  surprize  to  find  a  paralel  usage  of  H.M. 
Governor.     When   your   Lordps.  shal   peruse    my    Speech  and 
Messages,  I'm  perswaded  you  will  not  find  therein  anything  which 
might  give  just  occasion  for  their  "treating  me  with  rudeness  : 
but  it  having  been  of  use  to  the  same  party  to  give  unreasonable 
provocation  to  former  Governors,  and  then  to  complain  if  any 
resentment  was  showd  thereof,  the  like  means  have  been  tryed 
with  me,  but  without  the  effect  they  expected  from  it.     I  will 
not  enter  into  the  detail  of  the  indecent  behaviour  of  the  House 
of  Burgesses,  such  as  their  rude  speeches  on  sundry  occasions, 
insomuch  as  several  of  their  own  members  have  thought  them- 
selves obliged  to  call  out  for  good  manners  ;  their  sending  their 
Addresses  and  Messages,  by  such  Members  as  were  most  notorious 
for  opposing  the  King's  service,  and  for  treating  me  with  abusive 
speeches  in  their  House  ;  and  their  addressing  me  to  lay  before 
them  an  accot.  of  my  journeys  for  the  publick  service  of  the 
Government,  and  then  making  a  doubt  whether  any  of  them  were 
of  service,  tho  plainly  set  forth  to  them,  to  have  been  all  under- 
taken by  the  advice  and  at  the  desire  of  the  Council,  and  many  of 
them  in  pursuance  of  the  acts  and  resolutions  of  former  Assemblys. 
As  I  knew  all  these  steps  were  contrived  to  provoke  me  to  a 
return  of  the  like  treatment,  I  have  disappointed  them,  by  showing 
an  unconcern  at  all  the  little  affronts  they  have  offerred :  But  I 
cannot  think  myself  excusable  should  I  forbear  to  let  yor.  Lordps. 
know  from  what  fountain  those  streams  of  disaffection  proceed. 
The  eight  Councelors  who  troubled  yor.  Lordps.  with  a  remon- 
strance against  the  Courts  of  Oyer  and  Terminer  are  the  very 
persons  who  infuse  into  the  people  jealousys  of  H.M.  Prerogative, 
and  of  designs  against  their  libertys,  who  influence  the  Burgesses 
to  encroach  on  H.M.  rights,  to  oppose  his  service,  and  to  slight 
whatever  comes  recommended  from  the  Crown  :  to  distress  the 
Government  by  opposing  all  measures  for  the  publick  safety  ; 
and  to  traduce  the  Governor  as  a  publick  enemy  to  the  country, 
and  by  these  artifices  keep  up  misunderstandings  which  other- 
wise would  soon  be  removed  and  dissipated.     I  appeal  to  yor. 
Lordps.  whether  any  of  the  measures  I  have  put  in  execution 
here  for  the  King's  service,  the  advancement  of  his  re  venue  or  the 
safety  of  the  Government  has  ever  been  faulted  by  yor.  Lordps., 
as  unrighteous  to  the  people  of  the  country  ;  On  the  contrary 
yor.  Lordps.     Board  have  done  me  the  honr.  to  signify  your 
approbation  of  most  of  them  ;  Yet  these  are  the  grounds  of  these 
Gentlemen's  uneasiness.     A  Governor  cannot  contrive  a  surer  way 
of  gaining  their  disfavour  than  by  strictly  pursuing  his  duty  and 
faithfully  discharging  his  trust.     Yor.  Lordps.  determination  of 
the  dispute  about  the  Courts  of  Oyer  and  Terminer  remains  deeply 
rooted  in  their  minds,  and  they  have  publickly  declared  at  the 
Council  Board  that  tho  they  could  not  help  acquiescing,  they  were 
not  convinced  of  the  legality  of  that  decision.     Their  behaviour 
towards  me,  ever  since,  has  been  far  from  owning  themselves  in 


278  COLONIAL    PAPERS. 

1718. 

the  wrong  in  that  controversy :  When  the  minds  of  some  of  the 
Council,  heedlessly  drawn  into  that  dispute,  began  to  waver, 
on  seing  their  pretensions  condemned,  and  were  thereupon  willing 
to  return  to  a  good  correspondence  with  me,  Mr.  Blair  and  Mr. 
Ludwell  the  chief  engines  of  faction,  found  it  necessary  to  keep  up 
their  spirits  by  a  new  invention,  craftily  insinuating  from  a 
paragraph  of  your  Lordps.  letter  of  the  30th  of  August,  relating 
to  the  Councels  giving  different  opinions  as  Councelors  and  as  the 
Upper  House  of  Assembly,  that  I  had  endeavoured  to  perswade  yor . 
Lordps.  to  take  away  the  Councelors  votes  in  the  passing  of  laws. 
An  accusation  which  I'm  sure  yor.  Lordps.  will  absolve  me  from. 
This,  however  false,  has  kept  the  whole  eight  closely  united,  in 
so  much  as  my  condescension  to  everything  they  could  reasonably 
desire  in  order  to  a  perfect  reconciliation  of  all  differences  ; 
an  invitation  to  my  house  after  they  had  slighted  that  recon- 
ciliation ;  and  an  entertainmt.  there  with  all  the  freedom  and 
civility  I  could  give  ;  has  not  prevailed  with  any  one  of  the  eight 
to  make  me  the  common  complement  of  a  visit :  Nay  when  in 
order  to  the  solemnizing  H.M.  Birthday,  I  gave  a  publick 
entertainment,  to  which  all  Gentlemen  that  would  come  were 
freely  admitted  ;  These  eight  Councelors  would  neither  come  to 
my  house  nor  go  to  the  play  which  was  acted  on  that  occasion  : 
but  getting  together  all  the  turbulent  and  disaffected  Burgesses, 
had  an  entertainment  of  their  own  in  the  Burgesses  House,  and 
invited  all  the  mobb  of  the  town  to  a  bonefire  where  they  were 
plentifully  supplyed  with  liquor  to  drink  the  same  healths 
without,  as  their  masters  drank  within  ;  which  were  chiefly  those 
of  the  Council  and  their  associated  Burgesses,  without  taking 
any  more  notice  of  their  Governor  than  B  there  had  been  none 
upon  the  place.  And  as  the  whole  proceedings  of  this  Assembly 
have  been  dictated  by  the  Council,  and  most  of  their  extra- 
ordinary resolves  and  messages  drawn  up  by  some  of  that  Board, 
I  hope  your  Lordps.  will  not  be  offended,  if  I  begg  you  will  be 
pleased  to  use  your  interest  with  H.M.,  to  assign  a  Council  to 
assist  his  Governor  in  carrying  on  the  publick  service,  since  the 
greater  part  of  those  he  has,  are  become  the  advisers  of  the  people 
to  oppose  H.M.  interest.  If  men  who  use  their  offices  against  their 
duty  were  once  divested  of  the  power  they  enjoy  by  H.M.  favour, 
and  which  they  imploy  to  do  evil ;  Virginia  would  soon  be  a  quiet 
and  peaceable  country  and  your  Lordps.  would  receive  no  more 
complaints.  This  may  be  exemplifyed  by  the  late  removal  of 
some  turbulent  Councelors  in  New  York  and  New  Jersey,  which 
has  rendered  that  Government  easy  and  obedient  ever  since  : 
But  in  vain  will  H.M.  change  his  Governors  to  silence  factious 
clamours  in  his  Plantations  while  those  who  first  raise  them,  retain 
the  same  power  to  revive  them  again,  whenever  they  find  it 
necessary  for  gratifying  their  passions  or  interests .  In  this  country 
the  clamours  and  complaints  of  this  very  family,  who  now  compose 
the  majority  of  the  Council,  have  succeeded  so  well  as  to  remove 
two  Governors  already,  while  they  themselves  have  kept  their 
places  ;  So  that  their  offices  begin  to  be  accounted  for  life,  from 
which  no  misdemeanor  is  capable  of  removing  them.  This  gives 


AMERICA    AND    WEST    INDIES.  279 

1718. 

them  great  authority  among  the  people,  whose  lives  and  estates 
depend  upon  their  judgements,  and  makes  other  Gentlemen 
either  cool  in  assisting  the  Government  when  they  see  men 
continued  in  the  post  of  Councelors  to  H.M.,  who  deserve  it  so 
little,  or  to  judge  that  if  preferment  be  the  reward  of  opposing 
Government  they  ought  to  pursue  the  same  steps  to  arrive  at 
the  same  honour,  etc.,  etc.  I  shal  conclude  with  declaring  my 
dissent  to  that  part  of  the  Burgesses  Address  wch.  petitions  for  a 
revocation  of  H.M.  Instruction,  restraining  the  passing  of  laws  ; 
for  according  to  the  disposition  of  the  people  in  these  Plantations, 
the  continuance  of  that  Instruction,  seems  to  me  very  necessary  to 
guard  a  Governor  against  the  importunate  sollicitations  of 
Plantation  Assemblys  in  many  matters  not  fitt  to  be  granted  them. 
For  my  own  part  I  could  wish  the  passing  of  laws  were 'more 
restrained,  for  I'm  pers waded  the  present  Council  here,  would 
gladly  lay  hold  of  any  opportunity  to  promote  popular  bills,  and 
then  to  traduce  me  among  the  people,  if  I  refused  my  assent  without 
express  authority  for  my  so  doing.  P.S.  I  send  the  old  seal 
of  this  Colony,  defaced  according  to  yr.  Lordps.  commands. 
Signed,  A.  Spotswood.  Endorsed,  Reed.  4th,  Read  7th  Aug., 
1718.  l^pp.  Enclosed, 

568.  i.  Advice  to  the  freeholders  of  the  several  countys  in 
Virginia  in  their  choice  of  Representatives  to  serve  in  the 
approaching  Assembly.  Having  seen  a  rascaly  paper 
entd.  advice  to  the  Freeholders  in  favour  of  a  Court 
Party  and  tools  of  arbitrary  power,  to  enslave  and  ruin 
a  freeborn  people  and  ye  best,  profitablest,  and  most 
peacefull  Collony  under  the  Crown  of  Great  Brittain, 
to  prevent  which  I  thought  it  my  duty  to  let  you  into 
the  secret  of  the  Court  favourite  party  :  you  are  to 
know  Brother  Electors,  that  this  Assembly  is  calld  for 
no  other  reason  but  to  pay  to  ye  Indian  Company  their 
charges  etc.  on  Fort  Christanna  etc.  It  will  cost  100,000 
Ib.  of  tobacco  yearly  to  maintain  it,  and  for  no  other 
end  but  to  protect  the  Company's  goods  etc.,  etc.  You 
may  remember  how  a  former  favourite  Assembly  had 
like  to  ruin'd  our  Country  and  which  is  not  yet  recovered 
nor  ever  will  that  mischievous  land  law,  nor  their 

Erivelidges  of  making  laws  to  raise  money  to  ease  the 
'vv  by  ye  poll  which  we  are  now  deprived  of  by  that 
darling  favourite  Assembly  passing  those  laws  agt.  ye 
law  of  England  reason  or  justice  which  H.M.  has  been 
graciously  pleas'd  to  repeal,  etc.  Therefore  be  careful 
how  you  chuse  a  favourite,  one  of  ye  Indian  Compy. 
which  now  goes  by  the  name  of  Thomas  Jones  and 
Company  or  one  that  makes  his  court  to  the 
Governour  etc.  Endorsed  as  preceding.  Copy.  2  pp. 
568.  ii.  Speech  of  Lt.  Governor  Spotswood  to  the  Assembly 
of  Virginia,  24th  April,  1718.  You  have  to  dispose  of  the 
greatest  bank  of  money  that  ever  was  at  one  time  in 
the  publick  Treasury  of  Virginia,  etc.  Never  was  your 
produce  more  in  demand,  or  afforded  larger  returns  ; 


280  COLONIAL    PAPERS. 

1718. 

never  were  taxes  more  moderate  etc.,  and  never  did  your 
frontiers  continue  under  a  more  perfect  tranquillity, 
with  respect  to  the  Indians  than  for  these  four  years 
past  etc.  Refers  to  the  time  when  he  restrained  them 
from  making  war,  and  to  his  journey  to  New  York  to 
prevent  the  approach  of  the  Indians  of  the  Five  Nations. 
If  the  Assembly  desires  further  measures  are  to  be  taken 
to  preserve  those  Indians'  friendship,  they  will  insist  on 
negotiations  being  carried  on  at  Albany,  and  the 
Assembly  ought  to  pay  the  expences  of  the  Governor's 
journeys  etc.  Hopes  to  keep  up  a  good  understanding 
with  the  Assembly,  etc.  Copy.  3  pp. 

568.  iii.  Address  of  the  House  of  Burgesses  of  Virginia  to  Lt. 
Governor  Spotswood.  Reply  to  preceding.  Acknow- 
ledge the  prudent  conduct  of  the  Government,  and  H.M. 
care  of  their  trade,  etc.  Same  endorsement.  Copy.  1 J  pp. 

568.  iv.  Address  of  the  House  of  Burgesses  of  Virginia  to  the 
King.  Congratulate  H.M.  on  the  success  of  his  arms 
against  the  rebels  etc.,  and  return  thanks  for  H.M. 
"  great  care  of  the  trade  of  our  mother  country,  of 
which  wee  tho  verry  remote  feel  the  happy  influence  : 
and  do  firmly  believe  the  present  flourishing  condition 
of  this  country  is  next  to  the  Divine  goodness  owing 
to  the  wisdom  of  your  Majesty's  Councils  and  glorious 
administration  "  etc.  We  are  humbly  of  opinion  that 
by  the  Order  in  Council  31st  July,  1717,  and  your  Royal 
Instructions  27th  Sept.  last,  your  Majesty's  subjects 
may  be  deprived  of  the  best  means  of  raising  a  revenue, 
let  the  emergency  be  never  so  great,  till  your  Royal 
pleasure  be  known  therein,  which  may  prove  of  dangerous 
consequence  to  our  future  safety.  Wherefore  we  most 
humbly  implore  yor.  Majesty  that  you  will  be  graciously 
pleas 'd  to  allow  us  the  liberty  of  making  laws  for  ye 
good  and  support  of  this  Colony  as  formerly,  it  being 
often  needful  laws  should  take  place  imediately  and  as 
the  dependance  wee  have  on  trade  will  always  make 
us  cautious  of  laying  unnecessary  burthens  upon  it  so  the 
negative  with  which  your  Gover.  is  vested  may  always 
be  an  effectual  barr  thereto.  Pray  for  H.M.  Instruction 
to  the  Governor  that  the  Judges  of  the  General  Court 
may  be  declared  the  only  Justices  of  the  Court  of  Oyer 
and  Terminer  etc.  Signed,  Danll.  McCarty,  Speaker. 
Same  endorsement.  Copy.  2J  pp. 

568.  v.  Instructions  from  the  House  of  Burgesses  to  William 
Byrd,  Agent  for  Virginia.  May  30,  1718.  You  are 
desired  to  lay  before  H.M.  the  Address  of  the  House  of 
Burgesses  etc.  The  House  send  their  Journal  for  your 
perusal,  and  in  case  any  misrepresentation  should  be 
made  of  their  proceedings  you  are  to  have  regard  to 
their  honour.  Same  endorsement.  Copy.  1  p.  [C.O. 
5,  1318.  Nos.  49,  49  i.-v.  ;  and  (without  enclosures)  5, 
1365.  pp.  117-141.] 


AMERICA   AND    WEST   INDIES.  281 


1718. 

June  24.  569.  Accounts  of  the  victualling  of  the  garrison  of  Annapolis 
Royal,  25th  Dec.,  1717,-24th  June,  1718.  27  pp.  [C.O.  217, 
38.  No.  3.] 

June  24.        570.     Council  of  Trade  and  Plantations  to  Governor  Hamilton. 

Whitehall.  We  have  lately  had  under  our  consideration  all  the  Acts  pass'd 
in  the  Leeward  Islands  since  the  King's  accession  to  the  Throne 
which  had  not  been  consider'd  before  by  the  Board  and  have  made 
observations  upon  some  of  them  which  we  here  inclose  for  your 
information  and  direction  ;  We  take  notice  of  one  defect  in  the 
private  Acts  of  the  Leeward  Islands,  which  have  been  pass'd  by 
you  that  there  is  not  a  clause  for  saving  the  right  of  the  King 
his  Heirs  etc.  according  to  the  20th  Article  of  your  Instructions, 
and  upon  this  occasion  as  well  as  from  the  observations  we  have 
made  upon  some  of  the  publick  Acts  pass'd  by  you,  We  think 
ourselves  oblig'd  to  admonish  you  to  be  very  punctual  in  observing 
the  several  Articles  of  your  Instructions  relating  to  the  passing 
of  Laws,  and  to  the  transmitting  of  your  particular  observations 
upon  each  law.  We  must  further  take  notice  of  your  not  trans- 
mitting to  us  the  Minutes  of  Council  and  Assembly  of  each 
respective  Island  as  you  are  directed  to  do  by  the  41st  and  42nd 
of  your  Instructions,  the  inclos'd  list  will  shew  you  what  Minutes 
of  Council  and  Assembly  and  other  publick  papers  are  wanting. 
Acknowledge  letters  of  8th  Feb.  and  15th  March.  Continue  :— 
We  have  under  consideration  what  relates  to  the  suspension  of 
Col.  Morris  from  the  Council  and  shall  give  you  notice  when  any 
determination  is  had  thereupon.  We  have  been  inform'd  that 
there  are  some  vacancies  in  the  Council  of  St.  Christopher  etc. 
(v.  ISth  June),  but  as  we  have  not  had  any  notice  from  you  of 
those  vacancies,  we  have  not  as  yet  done  anything  towards  filling 
them  up,  but  we  must  observe  to  you  that  it  is  necessary  you 
should  give  us  timely  notice  as  often  as  such  vacancies  happen. 
We  have  laid  before  H.M.  the  account  you  sent  us  of  the  attack 
of  the  Spaniards  on  Crabb  Island,  whereupon  directions  have  been 
sent  to  H.M.  Minister  at  Madrid  to  make  the  proper  application 
to  that  Court  upon  that  matter.  We  have  also  represented  your 
complaint  of  want  of  ships  of  war  for  the  guard  of  your  Islands, 
and  we  have  communicated  to  the  Lords  of  the  Treasury  what 
you  write  in  relation  to  the  inhabitants  of  Anguilla,  Spanish  Town 
and  Tortola,  and  are  in  hopes  that  speedy  orders  will  be  given 
thereupon.  The  Commissioners  of  H.M.  Customs  having  desir'd 
to  have  notice  from  us  before  any  more  places  are  appointed  in 
Antegoa  for  collecting  the  duty  of  4J  p.  ct.,  we  must  desire  you  to 
take  care  that  no  such  places  are  appointed  before  you  have  sent 
us  notice  and  have  receiv'd  an  answer  from  hence  thereupon.  It 
being  for  H.M.  service  that  we  be  at  all  times  acquainted  with  the 
absence  of  Councillors  from  their  posts  in  the  Plantations,  we  desire 
that  whenever  you  give  leave  to  any  Member  of  H  .M.  Councils  in  your 
Government  to  be  absent  from  his  post,  that  such  leave  be  under 
your  hand  and  seal,  and  that  you  forthwith  transmit  to  us  a  copy  of 
such  licence  of  leave  as  also  an  account  when  such  Councillor 
departed  your  Government,  and  to  what  place  he  is  gone.  Annexed, 


282  COLONIAL    PAPERS. 

1718. 


570.  i.  Observations  upon  (a)  Acts  of  Nevis  (v.  preceding). 
(i.)  An  Act  to  settle  the  estate  of  Thomas  Herbert  (1715). 
Confirm'd.  There  is  a  saving  clause  for  the  right  of  all 
persons  whatsoever  except  those  named  in  the  Act  but 
no  mention  specially  of  the  King  his  Heirs  and  Successrs. 
(ii.)  Act  for  the  good  Govt.  of  negroes  and  other  slaves. 
Reported"  for  confirmation  (1717).  (iii.)  Act  for  laying  a 
duty  on  french  sugars,  rum  and  molosses  (1717).  To  lye 
probationary. 

(6)  Act  of  Mountserrat,  to  repeal  the  Act  entitled  the  Six 
pound  Act.  The  title  of  the  Act  repealed  is  not  truly 
recited,  it  being  an  Act  empowering  Justices  of  the 
Peace  to  decide  differences  not  exceeding  six  pounds. 
This  is  contrary  to  the  19th  Article  of  the  Governor's 
Instructions  etc. 

(c)  Acts  of  St.  Christophers,     (i.)  An  act  to  ascertain 
the  bounds  of  possessions  in  the  late  French  ground  (1715). 
With  this  Act  ought  to  have  been  transmitted  the  survey 
made  in  consequence  of  it.     (ii.)  Act  for  the  settlement 
of  the  Militia  (1715).     This  Act  in  some  places  is  not 
clearly  worded,     (iii.)  Act  for  laying  a  duty  on  sugars 
exported  to  any  other  Island  in  this  government  for  the  use 
of  the  fortifications  (1715).    Expires  in  1720.     To  lye  by 
probationary,     (iv. )  An  Act  for  regulating  and  appointing 
the  fees  of  the  several  Offices  and  Courts  (1716).     To  lye 
by  probationary.      (v.)  An  Act  for  raising  a  levy  to 
discharge  the  publick  debts  (1716).     Expir'd. 

(d)  Acts  of  Antego.     (i.)  An  Act  for  raising  5  p.c.  on  dry 
goods  and  laying  an  additional  duty  on  wines  imported 
(1715).  Expired  in  1716.    Instead  of  the  oath  to  be  taken 
by  this  Act  to  prove  in  certain  cases  that  the  duties 
were  paid,   it  would  have   been  more   proper  that  a 
certificate  from  the  Officer  who  receiv'd  the  payment 
should  be  produc'd  for  that  purpose.      The  duty  of  5  p.c. 
impos'd  by  this  Act  on  all  dry  goods  affects  all  British 
manufactures  and  therefore  the  Governor  should  not 
have  given  his  assent  to  this  Act.     (ii.)  An  Act  to  lay  a 
duty  on  foreign  sugars,  rums  etc.  (1715.)    Repealed  by  an 
Act  of  1716.      This  Act  is  liable  to  objections  because 
(a)  any  master  of  a  ship  that  shall  land  any  of  the  goods 
tax'd  by  this  Act  etc.  without  paying  the  duty  or  making 
due  entries  shall  suffer  6  months   close   imprisonment 
without  bail  or  mainprize,  which  penalty  is  too  severe  ; 
(6)  each  vessel  importing  any  of  the  said  goods,  landed 
or  put  on  board  any  other  vessel  without  duty  paid  or 
due  entry  made,  shall  on  proof  thereof  by  oath  of  one 
witness  in  the  Court  of  Admiralty  be  condemn'd  and 
forfeited  ;  (c)  This  Act  extends  to  all  sugars  imported 
from    any    neighbouring    Island    belonging    to    H.M. 
Dominions  in  order  to  be  sent  from  thence  to  Great 
Britain  ;    (d)    The  clause  empowering  Comissrs.  to  tax 
traders  according  to  the  profits  of  their  trade  is  too 


AMERICA    AND    WEST    INDIES.  283 

1718. 

arbitrary,  (iii.)  An  Act  for  raising  a  tax  of  £12,000  for 
defraying  publick  debts  and  charges  (1716).  Has  had 
its  effect.  The  clause  impowering  the  Treasurer  to  sue 
for  bonds  is  so  odly  worded  that  it  seems  to  be  perpetual, 
tho'  the  Act  itself  is  only  temporary,  (iv.)  An  Act  for 
laying  an  additional  duty  on  wines  etc.  Expired  1717. 
(v.)  An  Act  for  raising  a  tax  of  £13,000  and  to  defray 
the  publick  debts  and  charges.  In  this  and  all  other 
mony  bills  mention  is  not  made  that  the  mony  thereby 
granted  is  given  to  H.M.  his  Heirs  and  Successors  for  the 
public  use  of  the  Island  as  directed  by  the  25th  Art.  of 
Instructions.  Nor  is  the  mony  rais'd  by  those  Acts 
payable  by  warrant  or  order  of  the  Govr  or  Commander 
in  Chief  only  as  directed  by  Art.  35.  (vi.)  An  Act  to 
revive  an  Act  for  laying  a  duty  of  powder  on  trading 
vessels  (1715).  Expired  in  1716.  (vii.)  Similar  Act, 
1716.  Expired  in  1717.  The  act  reviv'd  by  these  Acts 
is  not  in  the  Office  tho'  mention'd  to  be  pass'd  in  the 
first  year  of  the  King's  reign,  a  copy  to  be  sent  by  the 
first  opportunity,  (viii.)  An  Act  to  encourage  the 
importation  of  white  servants.  This  Act  is  ordered  to  lye 
by  probationary  notwithstanding  the  following  objections 
to  it,  and  therefore  the  Govr.  must  take  care  to  get 
another  Act  pass'd  not  lyable  to  those  objections.  A 
servant  on  his  Master's  refusing  him  a  certificate  of 
his  freedom  has  not  due  relief,  and  is  not  to  be  taken  by 
another  master  in  less  than  12  months  after  leaving  the 
first,  some  provision  shou'd  be  made  that  on  the  Master's 
refusing  the  certificate,  the  servant  may  have  it  from  a 
Justice  of  the  Peace,  and  that  the  fine  payable  by  the 
Master  for  refusing  it,  should  be  for  the  servant  to  find 
him  a  gun  as  requir'd  by  this  Act.  The  £10  fine  which 
is  to  be  paid  by  a  master  for  every  servant  wanting  of 
the  number  requir'd  by  this  Act  should  be  apply'd  to  the 
supplying  that  want  in  the  Militia,  (ix.)  An  Act  for 
erecting  a  new  Church  in  St.  Johns  in  room  of  the  present 
Parochial  Church  etc.  To  lye  by  probationary,  (x.) 
An  Act  for  constituting  a  Court  Merchant  (1717).  To  lye 
by  probationary,  (xi.)  An  Act  to  indemnify  Antho. 
Brown  etc.  There  is  a  petition  against  this  Act  of  which 
a  copy  has  been  given  to  the  Agent  that  he  may  make 
an  answer  thereunto.  [(7.0.  153,  13.  pp.  319-328.] 

June  24.  571.  Office  Expenses  of  the  Board  of  Trade,  March  25-June 
24th,  1718.  v.  Journal  of  Council.  [(7.0.  388,  77.  Nos.  47, 
50,  53.] 

June  25.  572.  Mr.  West  to  the  Council  of  Trade  and  Plantations. 
Report  upon  Act  of  Barbados  to  impower  licentiate  lawyers 
to  practise  as  barristers  in  the  said  Island  (1715).  By  which  law 
it  is  enacted  that  every  person  licensed  by  the  Governour  shall 
be  authorized  to  practice  the  law  as  fully  as  if  he  were  a  regular 


284 


COLONIAL    PAPERS. 


1718. 


barrister.  The  Committee  of  Correspondence  (v.  2nd  May)  urge 
(i.)  that  it  had  been  the  custom,  and  such  custom  had  never  been 
attended  by  any  evill  consequences,  (ii.)  that  the  custom  had 
been  approved  by  the  Crown,  by  the  appointment  of  such 
licentiates  to  act  as  Attorneys  and  Sollicitors  Generall  in  the  sd. 
Island,  (iii.)  that  the  Island  was  lyable  to  several  inconveniences 
from  there  not  being  a  sufficient  number  of  barristers.  I  have 
also  been  attended  by  Mr.  Walker  (v.  9th  May)  and  other  gentle- 
men who  opposed  the  Act's  being  passed  into  law,  who  replied 
that  the  custom  arose  from  necessity,  which  no  longer  exists,  and 
that  their  not  having  a  sufficient  number  of  barristers  is  owing  to 
their  permitting  licentiates  to  practice.  I  beg  leave  to  observe 
that  the  ignorance  of  the  Brittish  laws  does  naturally  tend  to 
weaken  that  connection  and  union  wch.  ought  to  be  kept  up 
between  the  Mother  Countrey  and  the  Colonie  and  English 
Gentlemen  regularly  called  to  the  Bar  will  have  but  little 
incouragement  to  venture  abroad  when  they  see  a  perpetuall 
establishment  of  licentiates  in  that  Island.  Other  Colonies  may 
be  induced  to  obtain  the  like  law,  which  as  it  will  leave  them  little 
or  no  reason  to  send  their  sons  to  be  educated  here  in  England  will 
naturally  alienate  them  from  the  knowledge  and  love  of  the  Laws 
of  Great  Britain.  There  are  no  qualificacons  whatsoever  relate - 
ing  either  to  oaths  or  religion  prescribed  by  the  Act  in  order  to 
obtain  such  licence.  But  is  wholly  left  to  the  arbitrary  disposicon 
of  the  Governour  who  is  enabled  to  permitt  even  his  footman  or 
his  black  to  practice  as  a  barrister.  And  since  the  Governour 
has  no  particular  power  by  his  Instruccons  to  grant  such  licenses 
I  believe  yor.  Lordpps.  will  think  it  more  for  ye  honour  of  ye 
Prerogative  that  in  case  there  should  be  any  deficiency  of  barristers 
in  the  Island  they  should  be  oblidged  to  apply  for  licences  at  home. 
However  I  cannot  but  own  that  it  would  be  a  hardship  to  take 
away  the  priviledge  of  practiceing  from  those  who  have  applyed 
themselves  to  the  Law  in  that  Island  and  have  already  been 
bona  fide  licenced.  Therefore  I  am  of  opinion  that  the  law  should 
not  be  wholly  rejected  but  ordered  to  lye  by.  And  I  hope  yor. 
Lordships  will  think  proper  to  write  to  the  Governour  not  to 
grant  any  such  licenses  for  the  future.  Signed,  Richd.  West. 
Endorsed,  Reed.  25th  June,  Read  10th  July,  1718.  2f  pp.  [C.O. 
28,  15.  No.  34  ;  and  29,  13.  pp.  467-470.] 

June  25.        573.     Council    of    Trade    and    Plantations    to    the    King. 
Whitehall.     Recommend  appointment  of  John  Gamble  to  the  Council  of 

Antego,  as  proposed  by  Governor  Hamilton.     [C.O.    153,    13. 

p.  328.] 


June  25. 

Whitehall. 


574.  Mr.  Secretary  Craggs  to  Governor  Hamilton.  It  having 
been  represented  to  the  King  that  William  Mathew,  John  Davis, 
John  Bourryau,  Joseph  Estridge,  Jno.  Willet,  George  Lyddell, 
Charles  Rowland,  Charles  Payne,  Gillies  McArthur,  Clement 
Crooke,  John  Greathead,  Timothy  Hore,  John  Williams,  Peter 
Soulegre,  Main  Swete,  Thomas  Bridgewater  Esqrs.,  Mr.  Peter 
Thomas,  Mr.  Benjamin  Markham,  Mr.  Nathanael  Payne,  Mr. 


AMERICA    AND    WEST    INDIES.  285 

1718. 

John  Orton,  Mr.  Augustus  Boyd,  Mr.  Peter  Gignilliat,  Mr. 
Benjamin  Clifton,  Mr.  Humphrey  Shepherd,  Mr.  Paul  Brisac,  Mr. 
George  Taylour,  Mr.  John  Johnson,  the  Revd.  Mr.  Danl. 
Burchall,  Mrs.  Louise  Mathew  als.  Burt,  Mrs.  Sarah  Browne, 
Mrs.  Elizabeth  Davis  and  Stephen  Pelissier  having  had  grants 
for  lands  in  the  Island  of  St.  Christophers,  they  have  by  themselves 
or  undertenants  manured  great  part  thereof,  built  boyling 
houses,  and  other  works  for  sugar  making,  and  been  at  great 
expence  and  charge,  whereby  the  produce  of  that  Island  and  the 
settlement  thereof  has  been  very  greatly  improved,  and  H.M. 
Revenue  of  Customs  thereby  considerably  augmented,  and  they 
praying  to  be  continued  in  the  peaceable  possession  of  the  said 
lands  ;  H.M.  being  not  yet  come  to  a  resolution  in  what  manner  to 
dispose  of  his  lands  in  that  Island,  has  commanded  me  to  signifie 
his  pleasure  to  you,  that  all  the  persons  abovenamed  do  remain 
in  the  quiet  enjoyment  of  the  lands  granted  to  them,  by  grants 
not  expired  the  25th  Dec.,  1717,  till  H.M.  shall  think  fit  how  to 
dispose  of  that  part  of  St.  Christophers,  which  was  the  French 
settlement,  under  the  like  conditions,  as  they  have  hitherto 
held  the  lands,  and  in  case  you  have  already  given  any  grants  to 
dispossess  such  persons,  H.M.  further  pleasure  is,  that  you  do 
recall  the  same.  P.S.  I  add  this  postscript  to  explain  the 
above  written  command  of  H.M.,  whose  intention  only  is,  that 
the  persons  therein  mentioned,  may  be  maintained  in  the  quiet 
possession  of  the  lands  they  now  enjoy  in  St.  Christophers,  till 
H.M.  further  pleasure  shall  be  known,  there  appearing  as  yet  no 
reason  to  H.M.  why  these  persons  should  not  be  preferred  to  any 
others  whatsoever,  for  holding  the  said  lands  on  the  foot  they 
are  at  present  granted.  [C.O.  324,  33.  pp.  166,167.] 

June  26.  575.  Governor  Shute  to  the  Council  of  Trade  and  Plantations. 
Boston.  I  had  the  favour  of  your  Lordships  letter  dated  on  the  4th  of 
March  and  have  sent  the  numbers  of  the  Militia  of  both  Provinces 
as  also  the  tryal  of  the  pirates  who  were  tryed  here  by  the  power 
invested  in  me  and  other  persons  mentioned  in  the  34th  Article  of 
my  Instructions  ;  And  had  also  the  opinion  of  the  Judge  of  the 
Court  of  Admiralty  at  home.  The  King's  gracious  Proclamation 
has  not  produced  the  hoped  for  effects  ;  for  the  pirates  still 
continue  to  rove  on  these  seas  ;  and  if  a  sufficient  force  is  not  sent 
to  drive  them  off  our  Trade  must  stop.  I  have  received  lately 
complaints,  that  the  French  at  Cape  Breton  fish  upon  our  coast 
by  the  Gutt  of  Cancer  and  have  made  hutts  there  which  is  contrary 
to  the  Articles  of  Peace  and  am  sending  the  Squirrel  man  of  war 
to  inquire  into  the  truth  of  it  that  so  the  Fishery  of  H.M.  subjects 
may  be  maintained,  and  have  writ  to  the  Governour  of  Cape 
Breton,  that  I  do  expect,  that  he  does  immediately  order  the 
French  under  his  command  to  pull  down  their  hutts  and  also  not 
to  fish  any  more  on  yt.  shoar.  The  accompts  of  the  3  yrs.  export 
from  the  Western  and  Madera  Islands  I  sent  yr.  Lordps.  in 
January  last  by  Mr.  Keys  the  Collector  of  Rhoad  Island  who 
promised  me  to  deliver  them  to  the  Honble.  Board.  The  other 
Articles  in  yr.  Lordps.  last  letter  shall  be  answered  by  the  next 


286  COLONIAL    PAPERS. 

1718. 


ship.  Signed,  Samll.  Shute.  Endorsed,  Reed.  4th,  Read  5th 
Aug.,  1718.  1  p.  Enclosed, 

575.  i.  The  Trials  of  Eight  Persons  Indited  for  Piracy  etc. 
held  in  Boston,  18th  Oct.,  1717,  with  their  confessions 
etc.,  Simon  van  Vorst,  John  Brown,  Thomas  Baker, 
Hendrick  Quintor,  Peter  Cornelius  Hoof,  John  Shuan, 
Thomas  South  and  Thomas  Davis.  The  last  two 
acquitted,  the  rest  found  guilty.  Boston.  Printed 
by  B.  Green,  for  John  Edwards,  and  sold  at  his  shop 
in  King's  Street.  1718.  Endorsed  as  preceding .  25pp. 

575.  ii.  List  of  the  militia  of  the  Massachusetts  Bay.  Total, 
14,925.  1  p. 

575.  iii.  List  of  the  Militia  of  New  Hampshire.  Total  of  1st 
Regiment,  749.  Numbers  of  2nd  Regiment  missing. 
Endorsed  as  covering  letter.  1  p.  [C.O.  5,  867.  Nos. 
4,  4  i.-iii.  ;  and  (without  enclosures)  5,  915.  pp.  177-179.] 

June  26.        576.     Mr.    Popple  to  Mr.  Barrington.      Reply  to  23rd  June. 

Whitehall.  There  is  at  present  no  vacancy  in  the  Council  of  Antegoa,  but  the 
Council  of  Trade  and  Plantations  have  order'd  Mr.  Yeamans  to 
be  minuted  down  as  recommended  by  you  etc.  [C.O.  153,  13. 
p.  333.] 

June  26.        577.     Mr.  Popple  to  Mr.  West.     Encloses  for  his  opinion  thereon, 
Whitehall.     Act  of  New  York  for  paying  several  debts  etc.  and  papers  relating 

thereto.     "  These  papers  being  originals,  I  am  to  desire  you  to 

return  them."     [C.O.  5,  1124.    pp.  28,  29.] 

June  27.  578.  Mr.  Philips  to  Mr.  Popple.  Encloses  following  to  be 
laid  before  the  Board.  Signed,,  A.  Philips.  Endorsed,  Reed. 
27th  June,  1718,  Read  16th  Aug.,  1720.  1  p.  Enclosed, 

578.  i.  Col.  Schuyler  to  Governor  Hunter.  Albany,  Feb.  5, 
1 7  }  I .  The  Comrs .  of  Indian  affairs  have  exactly  comply d 
with  yr.  last  orders  relateing  to  the  Indians,  who  are 
very  quiett  and  well  satisfyd  etc.  I  am  extreamly  well 
pleasd  to  hear  yr.  Excellcy.  had  passed  the  Debt  Bill 
etc.  I  was  extreamly  surprized  to  hear  of  Col. 
Lodowicks  appeareing  with  Mulford  in  any  attempts 
against  yr.  Excy.  but  much  more  when  I  heard  he  made 
so  unwarranted  and  so  unjust  a  use  of  my  name,  to 
charge  yr.  Excy.  with  ill  usuage  of  me,  and  to  found  the 
Indians  discontent  and  the  Carolina  warr  on  so  base  a 
falshood  etc.  The  reason  of  that  warr  I  leave  to  the 
consideration  of  their  own  government,  but  that  it  was 
not  more  easily  or  sooner  ended  I  must  impute  to  their 
not  knowing  the  nature  of  our  Indians,  or  their  despiseing 
them  ;  The  Five  Nations  offering  in  a  late  proposition  to 
yr.  Excy.  (Capt.  Smith  the  Agent  from  Virginia  being 
prsent)  to  enterpose  and  become  arbitrators  betwen 
them  and  the  Indian  enimy,  and  to  meet  their  Agents 
here  (the  setld  place  of  their  meetings),  but  this  govern- 
ment know  by  chargeable  experience  that  they  are  not 


AMERICA    AND    WEST    INDIES. 


287 


1718. 


June  30. 

Whitehall. 


July  1. 

Whitehall. 


to  be  applyd  to  without  presents  being  their  own  way 
of  makeing  propositions,  and  it  is  more  then  25  years 
past  since  ye  Governmt .  of  Virginea  thought  it  worth  their 
while,  to  be  at  sueh  expence,  whilest  tins  Government 
being  the  frontieers  of  all  H.M.  settlements  on  the  main, 
beares  the  whole  burthen  and  ex  pence  of  the  Indians  ; 
and  how  depicable  soever  the  Five  Nations  of  Indians 
may  appear  in  the  eyes  of  those  other  Governments  I 
can't  but  be  of  opinion  that  they  are  highly  serviceable 
to  H.M.  interest  and  in  a  great  measure  the  ballance  of 
North  America  :  and  whilest  I  have  any  interest  amongst 
them,  shall  allways  improve  it  for  H.M.  service  etc. 
Acknowledges  H.E.'s  extraordinary  respect  and  friendship 
etc.  Signed,  Pr.  Schuyler.  Addressed.  1J  pp.  \C.O. 
5,  1052.  ff.  32-35.] 

579.  Mr.  Secretary  Craggs  to  the  Governor  of  the  Leeward 
Islands.  Monsr.  Chammorel  Secry.  to  the  Embassy  of  France 
having  presented  a  Memorial  to  the  King  on  a  complaint  made 
by  Pierre  Sales  a  merchant  of  Martinico  against  the  Officers  of 
the  Revenue  in  Antigoa  for  having  extorted  from  him  a  security 
for  20,000  livres  tournois  without  any  just  pretence  for  so  doing  : 
I  am  commanded  by  H.M.  to  enclose  to  you  a  copy  of  the  said 
Memorial,  that  you  may  enquire  into  the  truth  of  the  allegations, 
and  accordingly  that  you  either  give  effectual  orders  for  redressing 
the  grievance  complained  of,  or  transmit  to  me  a  satisfactory 
answer  to  the  said  Memorial.  Signed,  J.  Craggs.  Annexed, 

579.  i.-M.   Chammorel  to  the   King.     Memorial  described  in 

preceding,  but  stateing  the  amount  of  the  security  as 
200,000  1.  tournois  etc.  French.  Copy.  [C.O.  324,  33. 
pp.  167-170.] 

580.  Council   of   Trade   and   Plantations   to   Mr.    Secretary 
Craggs.     We  have  this  morning  receiv'd  a  Ir.  from  Colo.  Bennet, 
dated  31st  May  last,  relating  to  the  increase  of  pirates  in  those 
parts  and  informing  us  that  sevl.  who  had  surrenderd  are  gone 
out  again  because  the  Govrs.  were  not  impowerd  to  pardon  them, 
and  giving  us  an  accot.  of  the  weak  condition  of  the  Bermuda 
Islands.     Tho'  we  are  apt  to  beleive  from  this  letter  you  will 
receive  the  like  information,  yet  as  this  is  a  matter  of  such  great 
importance  to  the  Trade  and  Navigation  of  this  Kingdom  and  to 
the  security  of  the  Plantns.,  we  think  our  selves  obliged  to  trans- 
mit you  a  copy  of  the  said  Ir.,  with  our  opinion  that  the  Commis- 
sions not  only  for  trying  but  for  pardoning  the  pirates  also  be 
immediately  dispatched  as  we  proposed  by  our  former  letters 
to  you  on  this  subject.     You  will  perceive  by  ye  enclosed  that 
some  of  the  pirates  who  have  surrendred  had  committed  acts  of 
piracy   since   the   time   prefixed   for   their   surrender   by   H.M. 
Proclamation,  and  therefore  we  should  be  glad  to  receive  H.M. 
Orders  in  this  particular  for  the  better  conduct  of  all  Governors 
in  such  cases  as  may  deserve  compassion.     [C.O.  38,  7.    pp.  343, 
344.] 


288 


COLONIAL  PAPERS. 


1718. 
July  1, 


July  1. 

Whitehall. 


581.  Mr.  West  to  the  Council  of  Trade  and  Plantations. 
I  have  no  objection  to  the  Act  of  Antigua  to  enable  Arthur  Freeman 
etc.,  there  being  in  the  sd.  Act  all  the  clauses  for  the  saveing  the 
rights  of  ye  Crown  as  are  requisite  in  a  private  Act  etc.     Signed, 
Richd.  West.     Endorsed,  Reed.  2nd,  Read  llth  July,  1718.     f  p. 
[C.O.  152,  12.     No.  103  ;  and  153,  13.     p.  346]. 

582.  Council   of   Trade   and   Plantations   to   Mr.    Secretary 
Craggs.     Enclose    letters    received    from    Governor    Hamilton 
relating  to  the  Danes  at  St.  Johns  and  the  Spaniards  at  Crab  Island 
(v.  April  10th),  "  that  H.M.  pleasure  thereon  may  be  signified  by  the 
first  opportunity  to  Genl.  Hamilton,  who  has  done  already  on 
that  occasion  as  much  as  he  is  warranted. to  do  by  his  Instructions." 
(Art.  99  and  106  enclosed).     Wee  think  it  proper  to  observe  to 
you,  that  this  Board  did,  by  a  Representation  to  H.M.  of  9th 
Aug.,  1717,  fully  set  forth  H.M.  right  of  sovereignty  to  the  Virgin 
Islands  in  answer  to  a  Memorial  presented  by  the  Danish  Envoy, 
and  that  it  has  been  the  constant  opinion  of  this  Board  that  the 
settlement  of  foreigners  on  any  of  those  Islands  may  prove  of 
ill  consequence  to  the  neighbouring  Islands  inhabited  by  H.M. 
subjects.     Autograph  signatures.     If  pp.     Enclosed, 

582.  i.-viii.  Copies  of  enclosures,  C.S.P.,  April  10th,  Nos. 
i.-iii.,  Nos.  526  i-v. 

582.  ix.  Copy  of  Governor  Hamilton's  Instructions,  Articles 
99  and  106,  not  to  permit  foreigners  to  settle  on  the 
Virgin  Islands  etc.  [C.O.  314,  1.  Nos.  2,  2  i.-ix.  ;  and 
(without  enclosures)  153,  13.  pp.  338,  340.] 

July  1.          583.     Order  of  King  in  Council.     Appointing  John  Gamble 
Kensington,    to  the  Council  of  Antigua  (v .  25th  June).     Signed,  Robert  Hales. 
Endorsed,  Reed.,  Read  24th  July,   1718.     1  p.     [C.O.  152,  12. 
No.  107.] 

July  1.          584.     Order  of  King  in  Council.     Repealing  Act  of  Antigua 
Kensington,   to  prevent  the  increase  of  Papists  etc.      Signed  and  endorsed  as 
preceding.     1J  pp.     [C.O.  152,  12.     No.  108.] 

July  1.          585.     Order  of  King  in  Council.     Confirming  Act  of  Nevis 
Kensington,  for  the  good  government  of  negroes  etc.     Signed  and  endorsed  as 
preceding.     1J  pp.     [C.O.  152,  12.     No.  109.] 

[July  1.]  586.  Joshua  Gee,  one  of  the  mortgagees  concern' d  for  the 
Province  of  Pensilvania  in  behalf  of  the  Proprietor  and  the  rest 
of  the  mortgagees,  to  the  Council  of  Trade  and  Plantations. 
Reply  to  anonymous  letters  of  26th  and  28th  April,  (i.)  The  laws 
complain 'd  off  to  have  been  enacted  about  six  years  agoe,  were 
at  least  a  great  part  of  them  made  within  this  three  years.  The 
Lords  of  Trade  cannot  take  it  amisse  if  some  of  those  laws  have 
lain  neglected  longer  than  ordinary  considering  that  the  Proprietor 
by  his  distemper  is  rendred  incapable  of  businesse.  The  mort- 
gagees were  in  a  manner  perfect  strangers  to  these  affairs  those 
laws  not  passing  thro'  their  hands  etc.  Respondent  will  take  care 


AMERICA    AND    WEST    INDIES. 


289 


1718. 


the  said  laws  shall  be  transmitted  to  the  Lords  of  Trade  with 
reasons  upon  which  they  are  founded  etc.  (ii.)  The  Assembly 
have  done  nothing  more  in  relation  to  the  fines  save  only 
appropriating  them  towards  the  support  of  Government  etc. 
If  the  Lords  of  Trade  shall  find  reason  upon  a  perusall  of  those 
laws  to  be  of  opinion  that  the  Assembly  have  unadvisedly  enacted 
contrary  to  the  Proprietor's  agreement,  they  can  easily  apply  a 
negative  and  thereby  hinder  the  agreemt.  from  being  broke 
through.  It  being  both  the  desire  and  interest  as  well  of  the  said 
Proprietor  as  of  the  said  Mortgagees  to  preserve  that  agreemt. 
intire.  It  is  not  true  that  either  the  power  or  profitt  of  licensing 
publick  houses  is  taken  away  from  the  Govr.,  but  he  may  as 
formerly  grant  licenses  to  such  persons  as  are  recommended  by 
the  Justices  of  the  Peace,  and  receives  to  his  own  use  the  accustomed 
proffits,  etc.  Signed,  Joshua  Gee.  Endorsed,  Reed.  1st,  Read 
4th  July,  1718.  6  pp.  [(7.0.  5,  1265.  No.  104.] 

July  1.  587.  Order  of  King  in  Council.  Referring  report  of  the 
Kensington.  Council  of  Trade  and  Plantations  upon  Sir  Robert  Montgomery's 
proposall  (v.  9th  April),  to  the  Lords  of  the  Committee  of  the 
Privy  Council  for  their  report  thereupon.  Signed,  Robert  Hales. 
Endorsed,  Reed.,  Read  24th  July,  1718.  1  p.  [C.O.  5,  1265. 
No.  105  ;  and  (signed  Edward  Southwell,  awl  enclosing  duplicates 
of  <Hh  April.  4  pp.)  5,  383.  Nos.  2,  2  i.] 

July  1.  588.  Lt.  Governor  Spotswood  to  Governor  the  Earl  of 
Virginia.  Orkney.  Refers  to  differences  with  the  Council  etc.  Continues  : — 
The  success  these  men  have  had,  by  their  further  underhand 
dealings  to  possess  your  Lordship  with  a  belief  of  my  haughty 
and  implacable  temper,  induces  me  to  send  so  particular  a  relation 
of  the  steps  made  to  a  reconciliation  (enclosed).  But  I  have  little 
hopes  of  compassing  the  same  while  the  party  looks  upon  them- 
selves to  be  so  formidable.  They  know  that  they  have  now 
lodg'd  wholly  in  their  hands  that  power  which  Absalom  wanted 
for  effectually  securing  the  people  in  his  interests,  when  he  long'd 
to  be  the  Judge  of  every  man's  cause.  They  have  Mr.  Blair  for 
a  staunch  Achitophel  in  all  conspiracies  against  Governors  who 
will  take  upon  him  the  whole  drudgery  of  forming  their  letters, 
memorials  etc.  Nay  and  they  know  he  will  not  be  overscrupulous 
of  swearing  to  them.  They  boast  that  by  his  influence  they  shall 
keep  your  Lordships  from  acting  strenuously  in  my  behalf  while 
they  are  confident  Mr.  Byrd  will  leave  no  stone  unturn'd  to 
prejudice  me.  But  in  short  the  main  obstacle  to  an  accommoda- 
tion is  this  ;  These  Councillors  in  their  anger  about  the  Oyer  and 
Terminer  Courts  have  leagu'd  themselves  with  all  the  turbulent 
opposers  of  Government  whom  they  observ'd  to  have  interest 
with  the  populace  to  be  elected  for  Burgesses,  and  they  cannot 
now  accept  of  a  reconciliation  with  me,  without  a  breach  of  their 
union  with  them.  Thus  my  Lord  I  am  come  to  be  divested  of 
the  Council  H.M.  had  given  me  etc.,  who  to  gratify  their  spleen 
do  openly  side  with  the  most  notorious  opponents  of  the  King's 
prerogative  and  now  continually  cabal  with  those  very  men  of 
Wt.  441.  C.P.  19. 


290  COLONIAL    PAPERS. 

1718. 

whom  they  us'd  to  give  vile  characters,  and  whom  they  formerly 
advis'd  me  to  remove  from  all  places  of  trust  for  their  evil 
behaviour.  It  was  surprizing  to  see  how  barefacedly  these 
Councillors  proceeded  in  their  extravagant  measures  ;  Ludwell's 
house  (wch.  is  close  in  sight  of  mine)  was  the  common  rendezvoiis 
of  the  disaffected  Burgesses,  and  the  Commissary  continually  in 
their  consultations,  and  it  was  remark'd  that  after  a  grand  meeting 
there,  many  scurrilous  and  reflecting  speeches  were  next  day  made 
in  the  lower  House.  Nor  has  any  member  shewn  himself  more 
violent  against  me  than  the  Commissaries  own  brother,  whose 
Billingsgate  expressions  with  regard  to  me  on  several  occasions  I 
shall  not  offend  your  Lordships  ears  with  etc.  Refers  to  enclosures 
etc.  Continues  : — Here  is  a  powerful  knot  of  relations  in  the 
Council,  who  by  their  possession  of  the  Judicature  have  gain'd 
a  mighty  influence  over  the  Legislature,  and  the  people  begin  to 
strive  rather  for  their  good  graces  than  for  those  of  a  Governor, 
and  if  they  obtain  another  victory  in  the  turning  out  a  third 
Governor,  the  country  will  be  persuaded  that  they  hold  their 
places  for  life  and  the  Governor  his  only  during  their  pleasure. 
And  such  a  notion  will  make  their  party  so  formidable  that  all 
men  here,  even  the  Govr.  himself  must  truckle  to  them  and  not 
dare  to  lay  before  the  Ministry  at  home  the  truth  of  occurrences 
or  the  real  state  of  his  Government,  if  there  be  ought  in  the 
account  that  touches  one  of  this  patent  family,  who  have  often 
been  compar'd  to  a  nest  of  wasps  in  this  particular,  that  if  you 
but  offend  one  of  them  you  immediately  draw  the  whole  swarm 
about  your  ears.  Eight  years  experience  has  taught  me  to  know 
the  men,  and  I  do  now  in  my  conscience  declare  that  I  take  them 
to  be  false  to  the  interest  of  the  Crown,  and  very  much  disaffected 
to  that  of  Great  Britain.  And  as  I  am  sufficiently  convinc'd 
that  there  is  nothing  they  will  boggle  at  to  prejudice  the  man  who 
will  not  concur  in  the  measures  they  happen  to  be  bent  upon,  so 
I  firmly  believe  that  they  wou'd  not  stick  to  overturn  the  Govern- 
ment by  such  another  Rebellion  as  Bacon's  to  get  rid  of  a  Governor 
who  may  have  penetration  and  resolution  enough  to  discover  and 
withstand  their  sinister  designs  :  And  some  people  who  were 
witness  to  their  management  of  the  mob  on  the  last  Birthday 
apprehended  they  were  then  going  to  begin  such  a  sort  of  work. 
This  growing  mischief  may  as  yet  easily  receive  a  check,  by 
removing  from  Council  three  or  four  of  the  most  turbulent  spirits 
(vizt.  Blair,  Ludwell,  Smith  and  Byrd)  and  putting  in  their 
rooms  others  of  more  peaceable  and  loyal  principles  (vizt.  Peter 
Beverley,  Cole  Diggs,  John  Robinson  and  Edward  Hill).  Nor  is 
there  wanting  at  this  juncture  a  just  pretence  for  so  doing,  seeing 
I  am  become  destitute  of  a  Council  that  I  may  confide  in,  by  the 
defection  of  eight  or  nine  of  the  present  Board,  who  are  turn'd 
Councillors,  and  one  of  them  constituted  Agent  to  the  House  of 
Burgesses.  Such  a  proceeding  effectually  reduc'd  the  Govern- 
ment of  New  York  to  peace  and  quietness  and  enabled  Mr. 
Hunter  to  bring  his  people  into  reasonable  measures  ;  And  I 
hope  Virginia's  Governor  is  not  always  to  be  sacrific'd  right  or 
wrong  to  the  humour  of  one  Family,  but  that  the  Ministry  will 


AMERICA  AND  WEST  INDIES.  291 

1718. 

seriously  reflect  on  the  danger  of  suffering  in  this  remote 
part  of  H.M.  Dominions,  a  Juncto  of  Relations  to  grow  to 
that  height  of  power  as  to  bear  an  uncontroulable  sway  over 
both  Govr.  and  people  here,  etc.  Signed,  A.  Spotswood. 
Endorsed,  Reed.  24th  March,  Read  8th  April,  1719.  Copy. 
4£  pp.  Enclosed, 

588.  i.  A  narrative  of  the  steps  and  proposals  made  during  the 
Session  of  Assembly  for  accommodating  our  differences. 
April  24th.  Lt.  Governor  Spotswood  describes  negotia- 
tions with  Mr.  Robertson  and  Col.  Harrison  towards  a 
reconciliation  between  himself  and  the  Council.  He 
proposed  as  the  only  terms  that  they  should  behave 
themselves  for  the  future  with  decent  good  manners 
towards  himself  as  Governor,  and  offered  to  constitute 
no  other  Judges  of  Oyer  and  Terminer  than  the  members 
of  Council,  provided  they  would  acknowledge  the  King 
could  grant  a  power  to  make  other  Judges  to  those 
Courts  exclusive  of  them,  and  would  declare  they 
acquiesced  in  the  determination  of  the  Lords  of  Trade, 
and  the  opinion  of  the  Attorney  General,  and  that  then 
he  would  withhold  his  replies  exposing  them  and  Mr. 
Byrd.  The  Council,  after  some  delay,  submitted 
proposals  for  the  Governor  to  subscribe  acknowledging 
himself  to  have  been  in  the  wrong,  to  lay  aside  all 
attempts  of  innovations  on  the  Constitution,  to  forbear 
all  terms  of  reproach  in  common  conversation  etc. 
After  further  futile  negotiations  through  Col.  Page, 
the  Governor  invited  the  Council  to  his  house  to 
discuss  a  bowl  of  arrack  punch,  and  endeavoured 
to  pledge  them  to  peace  and  union,  but  without 
result  etc.  Signed,  A.  S.  Endorsed,  Reed,  from  the 
E.  of  Orkney,  24th  March,  Read  8th  April,  1719. 
.  13*  pp. 

588.  ii.  (a)  Memorandum  delivered  by  Col.  Harrison  to  Lt. 
Governor  Spotswood,  9th  May,  1718.  I  have  discoursed 
the  Gentlemen  of  the  Council  as  to  a  reconciliation  etc., 
but  find  them  so  startled  at  the  Governor's  conduct  in 
the  meantime,  particularly  at  the  meeting  of  the 
Governors  of  the  Colledge  and  likewise  at  his  exposing 
the  late  officers  of  the  Revenue  in  Council  etc.,  that 
they  propose  the  following  terms  for  a  lasting  friendship. 
(i.)  That  all  attempts  at  innovation  on  the  Constitution 
may  be  laid  aside,  and  their  privileges  preserved, 
(ii.)  all  terms  of  reproach  be  forborn,  (iii.)  all  former 
misunderstandings  laid  aside,  and  mutual  letters  to  the 
Council  of  Trade  written  to  that  purpose,  (iv.)  these 
terms  to  be  given  in  writing. 

(6)  Extracts  from  the  Governor's  Speech  and  the 
reply  of  the  Burgesses  refusing  to  make  him  any  allow- 
ance for  his  journeys  of  5020  miles  on  the  country's 
service.  16th  May,  1718.  Same  endorsement.  3|  pp. 
[C.O.  5,  1318.  Nos.  57,  57  i.,  ii.] 


292  COLONIAL    PAPERS. 


1718. 

July  1.  589.  Order  of  King  in  Council.  Approving  of  Representation 
Kensington.  of  Feb.  9th,  and  ordering  warrants  to  be  prepared  for  passing 
under  the  Great  Seal  Commissions  empowering  the  Governors  of 
Plantations  to  pardon  all  such  pirates  as  shall  have  surrendred 
themselves  according  to  the  Proclamation  in  that  behalf  etc. 
Signed,  Robert  Hales.  Endorsed,  Reed.,  Read  24th  July,  1718. 
[0.0.  323,  7.  No.  130  ;  and  324,  10.  pp.  201,  202.] 


July  I.         590.     Order  of  King  in  Council.     Referring  report  of  Council 
Kensington,    of  Trade  and  Plantations  (April  9)  upon  the  proposal  of  Sir  R. 
Montgomery  to  the  Committee  of  the  Privy  Council  for  their 
report.     Signed,  Edward  Southwell.     &pp.     Enclosed, 

590.  i.  Copy  of  No.  493.     [0.0.  5,  383.     Nos.  2,  2  i.] 

July  3.         591.    Mr.   Secretary   Craggs   to   the   Council   of   Trade   and 
Whitehall.     Plantations.      Encloses  following  for  their  report.      Signed,  J. 

Craggs.     Endorsed,    Reed.    7th,    Read    8th    July,    1718.     f   p. 

Enclosed, 

591.  i.  M.  Chammorel,  Secretary  of  the  French  Embassy,  to 

the  King.  March  ^\,  17^|.  Prays  that  orders  may  be 
sent  to  the  Governor  and  Council  of  Jamaica  to  see  that 
justice  be  done  to  M.  Bonfils  etc.  Signed,  Chammorel. 
Copy.  French.  1  p. 

591.  ii.  Memorial  of  Messrs.  Bonfils  et  Freres,  French  merchants 
of  La  Rochelle.  Their  ship  Uaimable  Marie,  Capt. 
Escoubet,  sailed  from  La  Rochelle  23rd  Oct.,  1714,  for 
Cuba.  After  having  unloaded  part  of  her  cargo  at  St. 
Dominique,  she  was  seized  by  5  sloops  from  Jamaica, 
in  the  port  of  Bayouda  near  the  Havanna,  where  she 
had  put  in  for  wood  and  water.  The  English  captains 
(Henry  Jennings,  Saml.  Tiddell  or  Lydell,  James 
Carnagy,  Ash  wood  or  Ash  worth,  and  Leigh)  held  a 
commission  from  Governor  Lord  A.  Hamilton,  of  21st 
Nov.,  to  salve  among  the  wrecks  of  the  Flotilla  in  the 
Gulf  of  Mexico.  They  compelled  Capt.  Escoubet  to 
sign  a  letter  to  Governor  Hamilton  to  the  effect  that 
they  had  taken  the  ship  under  agreement  with  him  to 
pay  him  a  certain  sum  for  the  time  they  kept  her.  They 
took  her  to  the  island  of  Providence.  Her  cargo  was 
worth  250,000  livres  tournois.  They  divided  30,000 
piastres  amongst  themselves  and  the  remainder  of  the 
cargo  they  put  aboard  the  sloop  Dauphin,  which  they 
sent  with  the  ship  to  Port  Royal,  Jamaica.  Governor 
Hamilton,  upon  information  given  by  an  officer  of  the 
French  ship,  sent  4  soldiers  on  board  the  sloop  to  guard 
the  cargo,  but  the  following  night  several  masked  men 
overpowered  the  soldiers  and  carried  off  all  the  merchan- 
dize. Two  of  these  persons  having  been  discovered  and 
put  in  prison  gave  bond  for  £10,000  sterl.  by  order  of 
the  Council  of  Jamaica,  which  also  ordered  the  ship  to 
be  restored  to  the  proprietors  in  the  state  it  was  after 
having  been  completely  plundered.  It  was  sold  by 


AMERICA    AND    WEST    INDIES.  293 

1718. 

public  auction  for  4000  livres  tournois,  tho  it  cost  at 
leaving  La  Rochelle  50,000.  They  also  ordered  the 
restitution  of  1400  ounces  of  silver  proved  to  have  been 
part  of  her  cargo.  By  a  Minute  of  22nd  Sept.,  1716, 
the  Council  declared  that  they  could  do  no  more  without 
H.M.  express  directions  to  prosecute  the  sureties  of 
the  5  captains.  The  Due  d' Orleans  has  instructed  us 
to  refer  to  the  Minister  of  France  who  is  to  request  H.M. 
to  give  orders  accordingly,  and  for  the  prosecution  of 
Daniel  Axtell,  Gaspard  Ashwood  Bendish  and  John 
Warner  the  prisoners  referred  to  above,  and  of  all  others 
found  guilty  hereafter.  Signed,  Bonfils.  Copy.  French. 
4J  pp.  [C.O.  137,  13.  Nos.  9,  9  i.,  ii.  ;  and  (without 
enclosures)  138,  16.  p.  115.] 

[July  3.]  592.  Jeremy  Dummer  to  the  Council  of  Trade  and  Plantations. 
Being  inform 'd  that  H.M.  has  appointed  a  new  Surveyor  of  the 
woods  of  North  America,  and  that  the  gentleman  does  not  intend 
to  execute  his  commission  in  person  ;  I  humble  submit  it  to  your 
Lordpps.  whether  it  would  not  be  for  H.M.  service  that  the 
Governour  of  New  England  be  charg'd  with  the  care  of  the  King's 
woods.  In  what  manner  this  is  to  be  done,  whether  by  making 
the  Governour  Controller  over  the  Survey  our  and  his  Deputy,  or 
Deputies,  or  in  any  other  way,  your  Lordpps.  are  the  best  judges. 
Signed,  Jer.  Dummer.  Endorsed,  Reed.  3rd,  Read  4th  July,  1718. 
%  p.  [C.O.  5,  866.  No.  169  ;  and  5,  915.  pp.  158,  159.] 

July  3.  593.  Mr.  Secretary  Craggs  to  the  Council  of  Trade  and 
Plantations.  Encloses  following  reply  to  Representation  of  Aug. 
9th,  1717.  "  As  to  the  settlement  of  the  Danes  on  the  Island 
of  St.  John  "  (v.  10th  April,  6th  May,  1st  July),  "  H.M.  pleasure  is, 
that  your  Lops,  should  take  the  state  of  that  matter  into  your 
consideration,  and  report  what  is  proper  for  H.M.  to  do  therein." 
Signed,  J.  Craggs.  Endorsed,  Reed.,  Read  4th  July,  1718.  1  p. 
Enclosed, 

593.  i.  Memorial  by  Baron  de  Sohlenthal,  the  Danish  Envoy, 
in  reply  to  the  Representation  of  the  Council  of  Trade 
and  Plantations  of  9th  Aug.,  1717,  relating  to  the  Island 
of  St.  Thomas  and  other  little  islands  about  it,  communi- 
cated by  Mr.  Secretary  Addison.  London,  24th  March, 
1718.  (i.)  The  order  given  Sept.  23rd,  1672,  to  Governor 
Stapleton  "  that  you  should  exercise  every  mark  of 
friendship  towards  all  the  inhabitants  of  the  said  Island 
of  St.  Thomas,  and  all  other  the  subjects  of  the  King 
of  Denmark  in  the  West  Indies  "  must  necessarily  apply 
to  the  subjects  of  his  Danish  Majesty  in  the  other 
Islands,  since  if  one  had  meant  thereby  the  Danish 
subjects  who  might  be  met  with  at  sea,  as  the  above- 
mentioned  representation  (Aug.  Qth,  1717)  explains  it,  it 
would  have  been  necessary  to  say,  the  subjects  who  trade 
in  the  West  Indies,  because  in  the  said  Order  there  is  no 
mention  or  reservation  made  touching  the  pretentions 


294  COLONIAL  PAPERS. 

1718. 


which  the  English  since  that  time  have  begun  to 
form  to  the  said  Islands  belonging  to  the  Crown  of 
Denmark,  as  do  those  of  St.  John  and  Crab,  (ii.)  There 
is  great  reason  to  believe  that  these  pretentions  were 
only  formed  in  the  time  of  Col.  Stapleton,  who  one  sees 
clearly  was  hostile  to  the  Governor  of  St.  Thomas,  upon 
the  false  representations  he  made,  whether  through 
hatred  or  false  reports.  And  as  the  Danish  Company  of 
the  West  Indies  has  never  had  the  least  knowledge  of 
what  the  said  Stapleton  advanced  against  the  Governor 
of  St.  Thomas,  as  if  he  were  a  bad  neighbour  and 
protected  pirates,  one  can  the  less  credit  it,  since  the 
Company  has  not  failed  always  to  give  the  necessary 
orders  to  its  servants  to  observe  exactly  the  Conventions 
and  Neutrality,  and  not  to  meddle  with  any  forbidden 
trade,  so  that  if  this  Governor  had  dared  to  trade  with 
pirates,  he  would  have  undergone  severe  punishment, 
as  acting  contrary  to  the  Law  of  Nations  and  against 
the  order  of  the  Company,  which  has  never  designed  to 
do  anything  to  the  prejudice  of  the  English  Nation, 
whence  it  is  rather  to  be  presumed,  that  if  anything 
occurred,  it  was  practised  by  others,  under  the  Danish 
name,  and  imputed  to  the  Colonies  of  this  Nation  by 
their  enemies,  (iii.)  That  which  is  drawn  from  the  report 
made  to  His  Britannic  Majesty  in  the  month  of  May,  1688, 
touching  the  right  of  sovereignty  (droit  de  primaute)  of  the 
King  of  Great  Britain  over  Crab  Island  as  well  as  over 
the  other  Virgin  or  Caribbee  Islands,  cannot  be  alleged 
against  the  Crown  of  Denmark,  which  took  possession 
of  them  first,  as  is  clearly  proved  by  the  Commissions 
found  there  [qui  y  out  ete  trouvees]  several  years  before, 
and  by  the  opposition  made  from  time  to  time  against 
those  who  wished  to  establish  themselves  there,  as 
appears  by  the  protest  of  the  Governor  Adolph  Esmit 
against  Abraham  Howel,  who  in  the  time  of  the  Govern- 
ment of  Colonel  Stapleton  wished  to  possess  himself  of  it, 
mentioned  in  another  against  William  Pellet  who  to 
the  same  end  had  landed  troops  there  (v.  end.  ii.).  There 
is  also  a  protest  made  2nd  Oct.,  1698,  against  Sir  Robert 
Pinckerton,  the  Scottish  Commander,  who  wished  to 
seize  Crab  Island,  and  the  6th  of  the  same  month  the 
Governor  Jean  Laurent  and  Commander  Claude  Hansen 
caused  a  similar  protest  to  be  presented  to  the  ship  of 
the  Commander  of  the  Squadron  in  the  road  of  the  said 
Island  (v.  end.  iii.,  iv.)  There  is  similarly  a  letter  from 
Admiral  Sir  Benbow  written  in  1699  to  the  Governor- 
Jean  Laurent  [v.  end.  v..;  cf.  Cal  C.S.P.  1699,  No.  907]. 
And  after  the  signing  of  the  said  protests,  the  English  and 
Scotch  withdrew  from  this  Island,  and  have  not  there 
undertaken  any  enterprise  since  that  time,  having  then 
themselves  avowed,  that  these  Islands  were  of  so  little 
importance,  that  it  was  not  worth  while  to  people  them, 


AMERICA    AND    WEST    INDIES.  205 

1718. 

for  a  Nation  which  possesses  such  vast  and  fertile  lands 
in  America  as  they  do.  All  the  abovesaid  reasons  are 
sufficient  to  show  the  right  of  sovereignty  of  His  Danish 
Majesty  over  the  Islands  of  St.  John  and  Crab,  as  well  as 
over  St.  Thomas,  and  consequently  it  is  by  so  much 
the  less  justifiable  that,  as  one  learns  by  letters  of  last 
year,  the  English  have  not  only  again  landed  on  Crab 
Island,  but  also  proceed  to  cut  wood  and  begin  to  build 
houses  there.  Therefore  the  undersigned  is  charged  by 
the  King  his  Master,  to  insist  in  the  strongest  terms, 
that  those  who  have  taken  possession  of  Crab  Island, 
should  quit  it  immediately,  that  the  orders  given  by  his 
Britannic  Majesty  to  the  Governor  of  his  Caribbee 
Islands  to  the  prejudice  of  the  prior  right  of  His  Danish 
Majesty  should  be  revoked,  and  that  the  Danish  subjects 
should  be  left  in  peaceable  possession  of  the  abovesaid 
Islands,  upon  which  he  very  humbly  begs  to  be  given  a 
prompt  and  favorable  resolution.  Signed,  Le  Baron  de 
Sohlenthal.  Copy.  French.  4J  pp. 

593.  ii.  (a)  Governor  Esmit  to  [?  William  Pellet]  Christians- 
fort,  St.  Thomas,  20th  May,  1688.  H.M.  the  King  of 
Denmark  and  Norway  my  Sovereign  Lord  having  charged 
me  with  his  orders,  as  soon  as  I  should  have  arrived 
safely  in  America,  to  take  every  care  to  put  myself  in 
possession  of  Crab  Island,  called  Bicque  on  the  maps, 
belonging  to  H.M.,  and  to  put  a  Commander  there  in 
his  name  and  on  his  behalf,  who  should  not  only  maintain 
and  defend  the  Commission  and  flag  of  H.M.  established 
and  planted  there  in  1682,  I  therefore  placed  a  Captain 
there  with  his  men,  when  Commander  Howel  wished  to 
take  possession  of  it  at  the  time  of  the  government  of 
Genl.  Stapleton,  and  entered  a  protest  at  the  same  time 
against  the  said  Howel.  And  since  that  time  the  said 
Genl.  Stapleton  has  left  the  said  Bicque  or  Crab  Island 
undisturbed.  At  the  present  time  H.M.  has  sent  here, 
with  me,  one  of  his  Admirals,  to  examine  and  visit  the 
said  Island,  and  to  people  it,  who  is  already  on  the  way 
with  some  people  to  put  himself  in  possession  thereof. 
But  as  I  learn  that  you,  Monsr.  Guillaume  Pellit,  have 
orders  to  take  possession  of  the  said  Island,  and  to 
people  it,  which  is  contrary  to  the  orders  and  command 
of  H.M.  my  very  august  King,  and  contrary  to  the  law 
of  all  the  world,  I  perceive  myself  obliged  to  follow  the 
orders  with  which  H.M.  has  honoured  me,  and  forbid 
you,  Monsr.  Guillaume  Pellit,  in  the  name  and  on  behalf 
of  H.M.  the  King  of  Denmark  and  Norway,  to  take 
possession  of  the  said  Crab  Island,  or  to  settle  people 
there,  or  to  make  any  pretentions  thereto,  of  whatsoever 
sort  or  kind.  And  in  case  you  disobey,  I  protest  by 
virtue  and  authority,  in  the  name  and  on  behalf  of  his 
Danish  Majesty,  against  you,  Guillaume  Pellit,  and 
against  those  who  have  authorised  you  or  given  you 


296  COLONIAL  PAPERS. 

1718. 


order  to  seize  yourself  of  the  said  Crab  Island,  and 
declare  that  you  \\ill  be  held  responsible  for  all  the 
damages  and  prejudices  which  may  thereby  arise,  now 
and  in  the  future  etc.  Signed,  A.  Esmit.  Copy.  French. 
l%pp. 

593.  ii.  (6)  Governor  Jean  Laurent  and  J.  von  Holten  to  Sir 
[Copt.]  Robert  Pinckert(h)on.  (v.  C.S.P.  1699.  No. 
579.  xv.)  Christiansfort,  St.  Thomas.  2nd  Oct.,  1698. 
Hearing  that  you  have  been  sent  with  ships  now  before 
our  port  to  seize  Crab  Island,  protest  in  similar  terms  to 
preceding.  Signed,  Jean  Laurent,  J.  von  Holten.  Copy. 
French.  1 J  pp. 

593.  iii.  C[laude]  Hanson  to  the  Commander  in  Chief  [of  the 
Scottish  Expedition].  At  the  post  of  Cronenburg  on 
Crab  Island.  6th  Oct.,  1698.  Protests,  in  similar 
terms  to  above,  against  threatened  seizure  of  Crab 
Island.  Signed,  C.  Hanson.  Copy.  French.  1  p. 

593.  iv.  (a)  Rear-Admiral  Benbow  to  Governor  Laurent. 
H.M.S.  Gloucester,  in  the  harbour  of  St.  Thomas,  21st 
Oct.,  1699.  (v.  C.S.P.  1699.  No.  907.)  The  unusual 
sight  of  the  flag  of  his  Britannic  Majesty  in  your  harbour 
will  appear  strange  to  you,  but  this  will  apprise  you 

of  the  reason as  also  to  know  by  what  authority 

you  have  flown  the  flag  of  his  Danish  Majesty  on  Crab 
Island  for  some  time,  this  Island  belonging  to  the  King 
my  master.  Signed,  Benbow.  Copy.  French.  \  p. 

(b)  Governor  Jean  Laurent  to  Rear  Admiral  Benbow. 
Christiansfort,  St.  Thomas.  21st  Oct.,  1699.  Extract 
of  reply  to  preceding.  As  to  Crab  Island,  I  am  extremely 
astonished  that  you  now  write  on  such  a  subject,  it 
being  known  that  the  said  Island  belongs  to  the  King 
my  Sovereign  and  Lord,  and  that  long  before  me  there 
was  a  Commission  from  my  Master,  and  his  flag  was 
flown  there.  Copy.  French.  |  p.  [C.O.  152,  12. 
Nos.  101,  101  i.-iv.  ;  and  (without  enclosures)  153,13. 
pp.  340,  341.] 

July  3.  594.  Mr.  Secretary  Craggs  to  the  Council  of  Trade  and 
Whitehall.  Plantations.  Enquires  to  which  of  H.M.  Governors  the  commis- 
sions for  pardoning  pirates  should  be  sent.  These  commissions 
"  are  ordered  to  be  sent  before  those  for  trying  pirates,  which 
latter  are  to  remain  on  this  side  till  further  orders."  Signed, 
J.  Craggs.  Endorsed,  Reed.  3rd,  Read  4th  July,  1718.  1  p. 
[C.O.  323,  7.  No.  128  ;  and  324,  10.  pp.  197,  198.] 

July  4.         595.     Council   of   Trade   and   Plantations   to    Mr.   Secretary 
Whitehall.     Craggs.     Reply   to  preceding.     We  think   the   Commissions   for 

pardoning  ought  to  be  to  the  same  persons  as  those  for  trying  of 

pirates  etc.     [C.O.  324,  10.    p.  199.] 

July  4.         596.     Mr.   Barrington  to  Mr.   Popple.     Returns  thanks    for 
Tofts.       minuting  Mr.  Yeamans  for  the  next  vacancy  etc.     v.  23rd  June. 


AMERICA  AND  WEST  INDIES. 


297 


1718. 


July  4. 

Whitehall. 


July  4. 

Whitehall. 


Signed,  J.  Barrington.     Endorsed,  Reed.   7th,  Read   8th  July, 
1718.     1  p.     [C.O.  152,  12.     No.  102.] 

597.  Council  of  Trade  and  Plantations  to  the  King.     Recom- 
mend John  Hugg  for  the  Council  of  N.  Jersey,     (v.  May  3.) 
[C.O.  5,  995.     pp.  443,  444.] 

598.  Council   of   Trade   and   Plantations   to   Lt.    Governor 
Spotswood.     Acknowledge  letter  of  27th  Feb.     We  take  notice  of 
what  you  write  in  relation  to  the  5th  and  6th  Articles  of  the 
Treaty  of  Neutrality,  and  lest  you  shou'd  misunderstand  what  we 
wrote  you  the  16th  of  May,  1717,  we  think  it  necessary  to  observe, 
that  by  the  1st  clause  of  the  Act  of  Navigation  mention'd  in  the 
3rd  Art.  of  your  Instructions  relating  to  the  Acts  of  Trade,  no 
foreign  ships  are  to  be  allow'd  to  trade  into  H.M.  Plantations. 
But  we  are  of  opinion  that  British  ships  cannot  be  condemn'd 
nor  their  lading  confiscated  only  for  trading  to.  or  from  foreign 
Plantations,  provided  that  trade  be  not  carried  on  in  any  manner 
contrary  to  the  laws  of  this  Kingdom  or  of  Virginia  :  whereby  the 
ships  or  lading  might  be  lyable  to  be  confiscated.     However  you 
will  do  well  to  observe  your  last  orders  so  far  as  to  discourage  this 
way  of  trading  which  is  contrary  to  the  Treaties  of  Peace,  tho 
not  contrary  to  our  laws.     [C.O.  5,  1365.    pp.  62,  63.] 

July  7.         599.     Bryan  Wheelock  to  Richard  West.     In  the  Secretary's 
Whitehall,     absence  desires  his  opinion  upon  two  Acts  of  New  Hampshire, 
passed  in  1714,  (i.)  for  the  relief  of  idiots,  (ii.)  providing  for  posthu- 
mous children.     [C.O.  5,  915.    p.  159.] 


July  7. 

New  York. 


600.  Governor  Hunter  to  the  Council  of  Trade  and  Planta- 
tions. Abstract.  Acknowledges  letters,  will  transmit  accounts 
required  by  next  conveyances,  and  instruct  Naval  Officers  to 
send  accounts  of  imports  from  Madera  and  the  Western  Islands  etc. 
Mr.  Beresford's  representation  is  very  just,  and  no  more  than  he 
himself  laid  before  the  Secretary  of  State  on  learning  of  M. 
Crozat's  patent.  The  French  have  forts  and  settlements  in 
many  places  on  the  Messasipi  and  on  the  Lakes,  and  claim  all 
the  country  and  the  trade  of  it  as  theirs,  if  these  settlements 
prosper  the  very  being  of  the  Brittish  Plantations  will  become 
precarious,  for  by  means  of  these  settlements  they  acquire  the 
dependances  of  these  numerous  Indian  nations,  and  though  the 
French  may  be  at  peace  with  us  in  appearance,  these  Indians  by 
the  instigation  of  their  traders  may  be  prevail'd  upon  to  make 
incursions  on  the  frontiers  of  the  English  settlements,  which 
being  all  uncovered  will  be  an  easy  prey,  and  after  an  attempt 
of  that  kind  no  planter  will  venture  to  sit  down  without  the  reach 
of  assistance,  or  defence,  and  so  by  degrees  these  Colonys  may 
come  to  be  unpeopled  etc.  Does  not  know  upon  what  right  the 
French  found  their  claim.  As  a  remedy,  can  only  suggest  our 
extending  our  frontiers,  and  augmenting  our  force  and  garisons, 
as  he  has  already  amply  proposed  etc.  In  reply  to  3rd  Feb.,  states 
case  of  acts  passed  by  Lt.  Gov.  Ingoldsby.  Most  of  them  being 


298  COLONIAL    PAPERS. 

1718. 


now  expired  or  repealed,  they  are  no  longer  of  any  consequence 
etc.  In  answer  to  25th  Feb.,  encloses  copy  of  H.M,  Order  for 
building  a  fort,  in  compliance  with  which  Col.  Nicholson  and  he 
contracted  for  building  a  fort  in  the  Mohocks'  country  for  half 
the  sum  mentioned  in  their  instructions,  reserveing  the  other  half 
for  one  to  be  built  at  Onondagaa,  when  the  Indians  should  agree 
to  it  etc.  Has  constantly  kept  the  fort  in  good  repair  etc.  The 
currency  has  ever  been  at  8s.  per  ounce  in  New  York  and  New 
England  etc.  On  his  arrival  he  published  the  Proclamation  for 
the  currency,  but  it  had  little  effect.  Now  that  the  Assemblies 
are  of  better  disposition,  hopes  to  remedy  this  and  other  failures 
noted  by  the  Board.  The  harvest  being  begun,  he  could  not  keep 
them  together,  but  he  communicated  to  them  H.M.  commands 
as  to  passing  acts  affecting  the  trade  or  shipping  of  Great  Britain. 
Had  he  had  any  such  instructions  before,  he  would  not  have  passed 
these  acts,  but  in  the  former  revenue  acts  there  being  the  like 
duties,  particularly  on  all  dry  goods  from  Europe,  and  in  other 
Provinces  tunnage,  or  powder  money,  and  that  tunnage  being  so 
low,  and  the  people  at  a  loss  to  find  out  funds  for  the  support  of 
Govt.,  a  land  tax  being  by  the  expences  of  unhappy  expeditions 
impracticable  and  burthensome,  he  could  not  foresee  any  harm  in 
passing  such  acts.  Requests  the  Board  to  suspend  the  disappro- 
bation of  these  acts  until  the  Assembly  has  met  in  the  Fall,  when, 
judging  by  its  present  disposition,  he  hopes  for  success  in  every- 
thing the  Board  wishes.  Sees  no  harm  in  disallowing  the  act 
for  shortening  law-suits,  Mr.  Attorney  General's  observations 
having  been  found  by  experience  to  be  just.  As  to  the  act 
granting  a  supply  etc.,  there  was  never  any  wine  imported  from 
Great  Britain  and  no  duty  was  intended  upon  such,  or  upon  any 
goods  directly  imported  from  Gt.  Britain.  This  shall  be  made 
clear  in  an  explanatory  act.  The  duties  laid  on  negroes  imported 
from  other  Colonies  were  intended  to  encourage  their  own  shipping 
and  to  discourage  the  importing  of  refuse  and  sickly  negroes  from 
other  Colonies.  The  greater  part  of  the  Palatines  remain  upon 
the  lands  he  purchased  for  them  with  his  own  money  on  Hudson's 
River,  and  earn  a  tolerable  living,  some  are  grown  rich.  But 
about  50  families  removed,  against  orders,  to  lands  which  had 
been  granted  to  other  inhabitants  etc.  In  compassion,  he 
persuaded  the  Proprietors  to  offer  them  terms  of  long  leases 
paying  nothing  for  several  years,  and  a  very  trifle  after.  The 
greatest  part  accepted,  but  one  Wyser,  the  constant  ringleader 
of  all  mischief  amongst  them,  who  is  now  gone  for  England,  has 
formed  a  party  who  would  come  to  no  terms  etc.  These  people 
might  be  usefully  employed  on  the  frontiers,  if  his  plan  for 
extending  them  is  approved,  but  there  must  first  be  a  fort  to  cover 
and  to  keep  them  in  order,  and  this  will  require  an  augmentation 
of  the  forces.  Quotes  from  his  Commission  to  show  that  licences 
for  whale-fishing  were  a  perquisite  of  his  Government.  Nobody 
but  Mr.  Mulford  disputed  it,  and  he  lost  the  case  he  brought. 
It  is  not  worth  £20  sterl.  per  annum,  but  he  does  not  wish  to  be 
accused  of  giving  up  the  rights  of  the  Crown.  Refers  to  papers 
sent  to  Mr.  Philips.  If  men  like  Cox  and  Mulford,  who  were 


AMERICA    AND    WEST    INDIES.  299 

1718. 

common  disturbers  of  the  publick  peace  and  avowed  obstructors 
of  all  settlement  or  support  of  Government,  when  they  are  called 
to  account  for  crimes  against  the  Government,  shall  find  their 
account  by  flying  from  such  prosecutions,  and  complaining  at 
home,  whoever  governs  in  these  parts  must  either  hold  the  reins 
of  Government  very  slack,  and  resolve  to  bear  with  daily  repeated 
insults  or  with  the  intolerable  drudgery  of  answering  false  and 
malicious  accusations  or  frivolous  complaints  etc.  He  has  in 
every  step  had  a  particular  view  to  H.M.  service,  and  in  that  has 
had  the  desired  success  etc.  Describes  procedure  in  granting  of 
patents  for  lands.  Set  out,  N.Y.  Col.  Docs.  V.,  pp.  507-511. 
Signed,  Ro.  Hunter.  Endorsed,  Reed.  10th  Sept.,  Read  1st  Oct., 
1718.  Torn.  7£  pp.  Enclosed, 
600.  i.  Extract  of  H.M.  Additional  Instructions  to  Governor 

Hunter  for  building  a  chapel  and  fort  for  the  Indians 

etc.     21st    Feb.,    1710/11.     Same    endorsement.      1   p. 

[C.O.  5,  1051.     Nos.  73,  73  i.  ;   and  (without  enclosure) 

5,  1124.    pp.  38-50.] 

July  7.  601.  Same  to  Same.  By  Hopkins  I  receiv'd  the  new  seals, 
N.  York,  and  with  this  your  Losps.  will  receive  the  old  one  of  this  Province 
broke  in  Council  according  to  H.M.  commands  ;  to-morrow  I  go 
to  the  Jerseys  and  when  that  of  that  Province  is  broke  in  Council 
there  I  shall  transmitt  it  also,  but  this  ship  is  upon  her  departure. 
I  have  also  receiv'd  H.M.  letters  nominating  John  Parker,  Peter 
Tret  well  and  Jo.  Wells  of  the  Council  for  that  Province.  I  beg 
the  same  favour  for  John  Johnston,  junr.,  in  order  to  keep  the 
equality  Mr.  Tretwell  and  Mr.  Wells  being  of  the  Western  division. 
Signed,  Ro.  Hunter.  Endorsed,  Reed.  10th  Sept.,  Read  1st  Oct., 
1718.  Holograph.  2  pp.  [C.O.  5,  1051.  No.  74;  and  5,  1124. 
p.  51.] 

July  7.  602.  Same  to  Mr.  Popple.  Hopkins  brought  me  yours  and 
N.  York.  jn  it  a  great  deal  of  comfort,  finding  by  that,  that  I  am  not 
become  indifferent  to  you  as  I  like  a  suspicious  fool  or  rather 
jealous  friend,  surmis'd  in  my  last.  I  assure  you  that  I  want 
nothing  but  a  conveyance  to  bring  me  to  you,  for  to  deale  plainly 
with  you,  after  the  incouragement  Mr.  Mulford  and  some  others 
have  lately  mett  with  from  some  great  men,  my  stay  on  this  side 
will  be  but  uselesse  to  the  publick  and  hurtfull  to  my  self.  I  have 
no  care  about  any  consequences  but  in  so  far  as  they  may  affect 
my  reputation,  which  I  think  I  have  taken  sufficient  care  to 
vindicate  by  what  I  have  sent  inclos'd  to  Mr.  Philips  by  this 
conveyance.  If  the  voice  of  a  whole  Province  is  not  judg'd  of  force 
sufficient  to  disprove  the  simple  allegations  of  one  craz'd  old 
man,  it  will  be  in  vain  for  me  to  endeavour  any  more  at  being 
pronounc'd  innocent  I  must  satisfy  myself  with  being  so.  I  beg 
leave  to  remark  to  you  upon  the  objections  made  to  our  Acts  of 
Revenue,  that  it  will  be  a  very  hard  task  hereafter  to  find  any 
fonds  for  that  use,  whilst  by  the  clamours  of  merchants  or  those 
self  interested  every  sort  of  duty  may  be  constructed  to  affect 
the  trade  of  Great  Brittaine,  in  all  or  most  other  Provinces  there  is 


300  COLONIAL    PAPERS. 

1718. 

a  tunnage  or  powder  money,  and  that  here  is  such  a  trifle  that  it 
can  not  seriously  speaking  be  said  to  affect  any  trade.  There  is 
no  duty  on  goods  imported  from  Brittaine,  though  in  all  former 
Acts  of  Revenue  in  Coll.  Fletcher,  Ld.  Bellomont  and  Ld.  Corn- 
bury's  time  there  was  two  and  a  half  pr.  cent  on  all  such,  and  is 
it  not  surprizeing  that  trade  should  so  considerably  increase  under 
all  these  discouragements.  In  short  considering  that  a  land  tax 
is  impracticable  a  future  revenue  here,  will  be  so,  at  least  very 
difficult  under  these  restrictions  not  so  much  by  reason  of  them 
but  of  the  constructions  that  the  merchants  here  and  there  will 
put  upon  every  duty  whatsoever  as  affecting  the  trade  of  Great 
Brittaine  and  I'll  affirm  without  assumeing  too  much  to  my  self, 
if  I  do  not  accomplish  it  it  will  be  a  long  time  a  doing  come  who 
will  in  my  place.  Mr.  Philips  hints  to  me  that  my  affairs  and 
intrests  move  heavily.  I  sensibly  feel  he  has  too  much  reason. 
My  comfort  is  that  I  have  deserv'd  a  better  fate.  I  can  not  see 
how  I  can  get  over  'till  next  Spring  because  I  am  resolv'd  to  use 
my  endeavours  with  the  Assembly  this  fall  to  remedy  what  is 
excepted  against  in  our  several  Acts.  But  a  dissallowance  of 
them  would  put  all  into  confusion  and  ruine  this  flourishing 
Province.  P.S. — The  Act  wch.  Mr.  Chetwind  is  concern'd  about, 
had  pass'd  if  I  had  not  reed,  your  letter  but  I  have  stav'd  it  off 
for  another  session.  Signed,  Ro.  Hunter.  Endorsed,  Reed.  10th 
Sept.,  Read  1st  Oct.,  1718.  Holograph.  4  pp.  [C.O.  5,  1051. 
No.  75  ;  and  5,  1124.  pp.  52-54.] 

July  7.  603.  Extract  of  letter  from  Governor  Hunter  to  Mr.  Philips. 
Encloses  Representation  (No.  iii.  infra)  in  reply  to  Mr.  Mulford. 
Continues  : — Having  received  several  letters  from  the  Justices 
and  others  on  Long  Island,  informing  me,  that  there  was  a  paper 
sent  over  by  Mr.  Mulford,  handed  about  clandestinely  for 
subscriptions,  and  that  some  were  threatened,  others  hired,  and 
others  wheadled  to  set  their  hands  to  it ;  that  particularly  in  one 
township  they  could  get  no  hands,  but  a  woman's,  a  madman's 
and  a  boy's  ;  and  all  this  managed  by  Richard  Floyd,  Mr. 
Mulford's  Agent,  a  very  troublesome  man,  I  communicated  all 
these  advices  to  the  Council,  who  advised,  that  orders  should  be 
immediately  sent  to  the  Justices  of  the  Peace,  to  enquire  into  the 
affair,  and  after  the  paper  ;  to  put  a  stop  to  the  proceeding,  which 
might  endanger  the  Peace  of  the  Country,  which  I  did  accordingly. 
The  Justices  found  that  matter  so,  but  the  subscribers  declared 
they  were  told  the  paper  they  signed  was  only  a  request  about 
the  whale  fishing.  They  sent  after  it  of  their  own  accord,  burned 
it,  and  signed  enclosed  address  to  me.  The  people  have  been 
perfectly  easy  and  quiet  ever  since.  God  knows  my  heart,  that 
I  wish  hurt  to  no  man.  And  could  I  have  devised  any  other 
method  to  keep  that  troublesome  man  from  disturbing  the  Peace 
of  the  Country,  I  would  have  followed  it.  But  if  he  meets  with 
encouragement  at  home,  whoever  governs  here  will  have  a  hard 
task  etc.  Signed,  Ro.  Hunter.  Endorsed,  Reed,  (from  Mr. 
Philips)  23rd  Sept.,  Read  1st  Oct.,  1718.  Copy.  3pp.  Enclosed, 
603.  i.  Petition  of  Cornelius  Conkling  and  other  inhabitants 


AMERICA    AND    WEST    INDIES.  301 

1718. 

of  Suffolk  County  to  Governor  Hunter.  Pray  pardon 
for  their  error  in  signing  an  Address  to  H.M.  Nov. 
1717.  We  intended  no  accusation  against  your  Excel- 
lency, but  thereby  chiefly  to  obtain  of  H.M.  the  whale- 
fishing,  free  of  paying  the  duty  to  the  Crown  etc.  Signed, 
Cornelius  Conkling,  Mathias  Burnet,  Daniel  Miller, 
Isaac  Mulford,  Tho.  Mulford,  William  Edwards,  Nat. 
Downing,  John  Mulford,  Theodore  Peirson,  Robert 
Nevins,  James  Cooper,  Theo.  Howell,  Isaac  Halsey, 
Nat.  Howell,  Edmound  Howell,  Christopher  Foster, 
Zebulun  Howell,  Richard  Fowler,  Abraham  Halsey. 
Same  endorsement.  Copy.  1  p. 

603.  ii.  Address  of  several  inhabitants  of  New  York,  especially 
of  Nassau  Island,  to  the  King.  Complain  of  the  unequall 
numbers  of  Representatives  and  the  disproportion  of 
the  quotas  of  taxes,  in  the  counties  ;  of  the  powers  of 
the  Court  of  Chancery  ;  that  they  do  not  have  the 
benefit  of  the  Agent  of  the  Province  ;  and  that  their 
whales  and  oil  have  been  seized,  etc.  No  signatures. 
Copy.  4  pp. 

603.  iii.  Representation  of  the  Council  and  Assembly  of  New 
York  to  the  Lords  of  the  Committee  for  hearing  appeals 
from  the  Plantations.  Reply  to  preceding  and  Aug.  28, 
1717.  The  Counties  of  this  Province  are  not  all  equal 
in  territory,  number  or  wealth  of  inhabitants,  from 
whence  proceeds  the  different  taxations  etc.  Mr. 
Mulford's  representation  is  unjust,  because  the  number 
of  representatives  were  not  as  he  represents  at  the  time 
the  quotas  of  taxation  were  laid,  the  County  of  Orange 
having  but  one  Representative,  and  not  two  as  he  says, 
and  the  County  of  Dutchess  none,  neither  is  this  taxation 
to  be  charged  to  Colo.  Hunter,  or  an  effect  of  his  putting 
Representatives  on  the  Assembly,  those  taxations  being 
made  before  his  arrival  etc.  The  true  cause  of  these 
clamours  was  such  an  addition  to  the  Representative(s)  as 
gave  a  check  to  that  spirit  of  opposition,  that  by  Mulford's 
means  too  much  for  a  time  prevail'd  and  retarded  the 
necessary  support  for  the  Government  and  payment  of 
publick  debts,  which  by  that  means  has  been  happily 
effected,  and  this  Province  reduced  to  a  state  of  tran- 
quility  unknown  to  past  times,  and  but  a  little  while 
since  almost  despair 'd  of.  The  additions  then  made  and 
complain 'd  of  have  been  agreable  to  the  laws  and  practice 
of  this  Province,  and  were  but  three,  one  in  the  County 
of  Orange  and  two  in  Dutchess  County,  wch.  are  large 
countys  'and  daily  increasing  in  people,  and  by  that 
addition  were  made  but  equal  to  the  smallest  county 
in  the  Province.  An  acknowledgement  for  the  liberty 
of  taking  Royal  fish  was  taken  by  the  Governor's 
predecessors,  as  justly  due  to  the  Crown,  and  what  the 
Governor  without  the  imputation  of  departing  from 
H.M.  rights  cou'd  not  give  up,  the  methods  us'd  for 


302  COLONIAL   PAPERS. 

1718. 


recovery  of  this  was  a  process  in  the  ordinary  course 
of  law,  in  which  Mr.  Mulford  was  not  debarr'd  the 
making  such  a  defence  as  he  thought  most  conducive 
to  his  service.  His  accounts  of  the  prosecution  for  his 
speech  etc.  are  misrepresentations.  Refer  to  Address 
of  Assembly  and  Minutes  of  Council  and  Assembly 
(v.  Nos.  317  xi.,  xii.).  By  the  last  it  will  appear 
how  inclinable  the  Governor  was  to  have  stopped  any 
further  prosecution  against  him,  had  he  himself  not 
been  averse  to  it  etc.  Their  being  a  great  arrear  of 
quitt  rents,  we  believe  the  Attorney  Genl.  took  such 
measures  as  he  judg'd  would  prove  most  effectual  to 
obtain  the  payment  of  them,  but  we  cannot  find  that 
Mr.  Mulford  met  with  a  diff  rent  treatment  from  others, 
or  if  he  did  the  Govr.  cannot  be  suppos'd  to  be  interested 
in  it,  the  Receiver  General  and  Attorney  General  being 
solely  concern'd.  Whatever  proceedings  have  been  in 
the  Supream  Court  against  Mr.  Mulford  (of  which  we 
can  find  none)  we  submit  to  your  Lordships,  whether 
any  complaint  of  that  kind  can  affect  the  Governor, 
who  doth  not  interpose  in  the  judicial  proceedings  of 
that  Court  etc.  We  could  wish  all  the  parts  of  H.M. 
Dominions  were  as  free  from  Jacobite  partys  as  this 
remote  corner  of  them  are  and  always  hath  been  ;  and 
we  hope  your  Lops,  are  so  well  assured  of  the  Governor's 
firm  adherence  to  the  interest  of  the  present  Government, 
that  it  will  not  be  in  the  power  of  any  complaints  of 
that  nature  to  render  him  suspected  etc.  His  adminis- 
tration is  free  from  tyranny  or  oppression,  and  we  know 
of  no  grievances  in  the  Province,  wch.  is  in  happier 
circumstances  than  ever  in  great  measure  owing  to  the 
just  and  mild  administration  of  Brigr.  Hunter.  2nd 
July,  1718.  Signed,  By  order  of  the  Council,  Wm. 
Wiseman  ;  of  the  Assembly,  J.  Ludlow.  Same  endorse- 
ment. Copy.  5-1  pp.  [(7.0.  5,  1051.  Nos.  76,  76 


July  8.         604.     Mr.  Secretary  Craggs  to  the  Lords   Commissioners  of 
Whitehall,     the  Admiralty.     Encloses,  for  their  opinion  thereupon,  report  of 

Council  of  Trade  and  Plantations  upon  Nova  Scotia,  30th  May. 

Signed,  J.  Craggs.     1  p.     [C.O.  217,  31.     No.  17.] 

July  8.          605.     Same  to  Board  of  Ordnance.     As  preceding.     [C.O.  314, 

Whitehall.       1.      No.  3t] 

July  9.  606.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehall.  Craggs.  Report  upon  Memorial  of  M.  Chammorel  (July  3rd). 
Having  perused  the  Minutes  of  ye  Councill  of  Jamaica,  whereby 
it  appears  that  petitioners  had  made  out  their  allegations,  we 
humbly  conceive  that  directions  may  be  sent  to  the  Governor 
of  Jamaica,  not  only  to  prosecute  the  commanders  and  mariners 
of  any  ships  or  vessells  concern'd  in  this  capture,  but  also  put 


AMERICA    AND    WEST    INDIES.  303 

1718. 

the  bonds  given  by  the  sureties  in  execution,  whereby  reparations 
may  be  made  to  ye  sufferers.     [C.O.  138,  16.    pp.  116,  117.] 

July  0.  607.  Richard  West  to  the  Council  of  Trade  and  Plantations. 
Report  upon  Act  of  New  Hampshire,  1716,  for  making  lands  and 
tenements  liable  to  payment  of  debts.  I  have  perused  ye  Act  to 
wch.  it  referrs,  8th  William  III.,  ye  design  of  wch.  Act  I  doe  think 
to  have  been  perfectly  just  and  in  case  this  Act  had  pursued  ye 
intention  of  ye  sd.  Act  I  should  have  had  no  objection  to  its  being 
passed  into  a  law.  But  it  is  so  unhapily  worded  that  I  cannot  see 
that  by  any  construction  whatsoever  it  can  effect  ye  end  proposed 
by  it.  The  end  proposed  by  this  Act  is  to  make  ye  real  estates  of 
debtors  lyable  to  ye  paymt.  of  their  personall  debts  which  by  ye 
former  Act  of  King  William  was  sufficiently  provided  for  in  case 
of  ye  debtors  dying  indebted  in  a  greater  summe  yn.  his  personall 
estate  was  able  to  answer  this  Act  proposes  to  provide  for  ye 
creditors  security  during  ye  life  of  ye  debtor  by  compelling  him  to 
a  mortgage  of  his  lands  to  which  end  it  is  enacted  that  all  creditors 
recovering  judgemt.  and  ye  debtor  not  satisfying  ye  same  to  ye 
acceptance  or  satisfaction  of  ye  creditor  shall  have  execution  there- 
upon agt.  ye  lands  of  ye  debtor  and  ye  Sherriffe  shall  cause  a 
parcell  of  ye  debtor's  lands  to 'be  set  out  (by  the  oath  of  three 
appraisers)  sufficient  to  satisfy  the  creditors  demands  and  shall 
thereof  deliver  possession  and  seizen  to  ye  creditor  which  when 
recorded  is  enacted  to  be  a  good  title  to  such  creditor  or  creditors. 
My  objection  to  this  Act  arises  from  the  last  words  wch.  in  my 
opinion  leaves  ye  creditor  (tho  perhaps  contrary  to  ye  intention 
of  ye  makers  of  the  Act)  in  a  worse  condition  yn.  they  found  him. 
By  the  equity  of  redemption  reserved  it  is  manifest  that  ye 
intention  of  ye  law  makers  could  be  only  to  create  a  reall  security 
to  ye  creditor  for  his  debt  by  way  of  mortgage  wch.  mortgage 
can  be  only  for  ye  life  of  ye  mortgagee  they  haveing  forgott  to 
insert  after  their  enacting  that  ye  returning  of  the  aforesd. 
execution  should  be  a  good  title  to  ye  creditor  that  it  should  also 
extend  to  his  heirs  without  wch.  word  it  is  certain  no  larger  estate 
yn.  for  life  can  be  created  and  wch.  they  therefore  in  ye  sd.  Act 
of  K.  William  do  very  properly  use.  I  must  also  observe  yt.  ye 
acceptance  of  such  mortgage  under  this  Act  is  a  discharge  of  ye 
execution  agt.  ye  debtor  and  his  land  and  that  ye  estate  for  the 
life  of  the  mortgagee  being  by  this  Act  considered  as  a  full  satis- 
faction for  any  debt  whatever  it  from  thence  follows  that  if  any 
creditor  should  chance  to  die  but  ye  next  week  after  such  accept- 
ance of  ye  mortgage  as  aforesd.  the  debt  is  wholly  extinguished 
and  the  heirs  or  exrs.  etc.  of  such  creditor  woulof  be  absolutely 
barr'd  from  ye  making  use  of  any  such  remedy  wch.  by  ye  Common 
Law  or  by  ye  beforementioned  Statute  of  King  William  they 
would  otherwise  be  entituled  to.  I  might  mention  other 
objections  of  less  consequence.  But  I  think  what  I  have  already 
taken  notice  of  will  be  sufficient  to  justify  my  being  of  opinion 
that  this  Act  is  not  proper  to  be  passed  into  a  Law  etc.  Signed, 
Richd.  West,  Endorsed,  Reed.  9th,  Read  1 1th  July,  1718.  2  pp. 
[C.O.  5,  867.  No.  2.  ;  and  5,  915.  pp.  168-171.] 


304 


COLONIAL   PAPERS. 


1718. 
July  10. 

Whitehall. 


July  10. 


July  10. 

Whitehall. 


July  10. 

Whitehall. 


July  10. 

Office  of 
Ordnance. 


608.  Mr.  Popple  to  Mr.  Burchett.     Encloses  extract  of  letter 
from  Lt.  Governor  Bennett,  31st  May,  for  the  information  of  the 
Lords  Commrs.  of  the  Admiralty.     [C.O.  38,  7.    p.  345.] 

609.  [Stephen  Duport  to  the  Council  of  Trade  and  Plantations.] 
Some    notes    relating    to    Danish    Settlement    of    St.  Thomas. 
Endorsed,  Reed.,  Read  16th  July,   1718.     French.     f  p.     [C.O. 
152,  12.     No.  105.] 

610.  Mr.   Popple   to   Baron   Bloombergh.     The   Council   of 
Trade  and  Plantations  desire  you  will  please  to  give  'em  what 
information  you  can  of  the  Danish  settlement  on  the  Island  of 
St.  Thomas  in  America.     [C.O.  153,  13.    p.  342.] 

611 .  Council  of  Trade  and  Plantations  to  the  King.     Enclose 
arguments  for  and  against  Act  of  Antegoa  to  prohibit  the  import- 
ation of  French  and  other  foreign  sugars  etc.     Continue  : — The 
reasons  contained  in  the  [Surveyor  General's]  letter  [v.  12th  April] 
appear  to  us  to  be  such  as  may  induce  your  Majesty  not  to  approve 
of  this  Act.     But  besides  those  objections  to  the  design  of  this 
Act  we  shou'd  think  ye  same  not  fit  to  receive  your  Majesty's 
approbation  by  reason  of  sevl.  clauses  therein  contain'd.     By  one 
it  is  enacted  "that  if  any  quantity  (tho'  never  so  small)  of  sugars 
or  of  any  other  of  the  commodity's  prohibited  by  this  act  be 
landed  in  any  part  of  the  said  Island  of  Antegua,  the  ship  in  which 
they  are  imported  shall  be  forfeited  upon  the  oath  of  one  single 
evidence  who  is  to  be  rewarded  with  the  moyety  of  the  forfeiture." 
Another  enacts  that  "  if  any  master  of  a  vessel  should  put  any 
such  foreign  goods  as  aforesd.  from  on  board  his  own  into  any 
other  vessel  within  any  harbr.  or  anchoring  place  in  or  about  the 
sd.  Island  he  shall  suffer  12  months  imprisonment  in  the  common 
gaol  without  bail  or  mainprize,"  and  this  likewise  upon  the  oath 
of  one  single  evidence.     But  there  is  another  clause  more  extra- 
ordinary  than   these,  whereby  a   skipper  or  master  who  shall 
order  any  person  on  board  his  vessel  to  resist  any  officer  appointed 
by  this  Act  to  search,  is  to  be  adjudged  guilty  of  felony.     We 
beg  leave  to  observe  on  this  occasion,  that  tho'  some  Acts  have 
lately  been  pass'd  in  others  of  your  Majty's.  Islands  for  discourag- 
ing the  importation  of  French  and  other  foreign  sugars,  particularly 
one  in  Barbado's  which  your  Majesty  has  been  pleased  to  confirm  ; 
Yet  none  of  those  Acts  have  extended  to  an  absolute  prohibition 
of  those  commoditys,  neither  are  there  any  clauses  in  them  liable 
to  such  exceptions  as  those  in  this  Act  of  Antegua.     We  are 
therefore   humbly   of  opinion   from   the   severall  considerations 
beforemention'd  that  your  Majesty  may  declare  your  disallowance 
of  [this]  Act  of  Antegua  etc.     [C.O.  153,  13.     pp.  342-345.] 

612.  Board    of    Ordnance    to    Mr.    Secretary    Craggs.     In 
obedience  to  H.M.  commands  we  have  considered  the  report  of 
the  Council  of  Trade  and  Plantations,  30th  May.     We  are  of  the 
same  opinion  with  their  Lordships  with  regard  to  the  fortifications 
of    Placentia    and    Annapolis    Royal    efc.     Propose    to    advance 


AMERICA   AND   WEST   INDIES.  305 

1718. 

£200  to  Governor  Philips,  to  buy  boards  and  provide  small 
timber  at  both  places,  for  repairs  of  the  barracks  and  magazines, 
and  to  send  nails  and  tools  from  hence  for  the  same  etc.  Signed, 
Tho.  Frankland,  Jno.  Armstrong,  M.  Richards.  Endorsed,  Reed, 
(from  Mr.  Stanyan)  3rd  Feb.,  Read  19th  May,  17JJ.  Copy. 
1J  pp.  Enclosed, 

612.  i.  Estimate  of  materials  proposed  to  be  sent  for  the  repair 
of  the  barracks  and  magazines  at  Placentia  and  Anna- 
polis. Total,  (including  24,000  ft.  of  deal  boards  at 
£200)  £292  3s.  2d.  1  p.  [0.0.  217,  3.  Nos.  1,  1  i.] 

July  11.        613.     Governor  Hunter  to  the  Council  of  Trade  and  Plantations. 
New  York.    Refers  to  receipt  of  seal  and  asks  for  an  alteration  in  the  Council 

of  New  Jersey,  supposing  that  the  superseding  of  George  Deacon 

by  John  Wells  arose  from  misapprehension  of  what  he  wrote  etc. 

Set  out,  N.J.  Archives,  1st  Ser.  iv.  373.     Signed,  Ro.  Hunter. 

Endorsed,  Reed.   10th  Sept.,  Read  1st  Oct.,   1718.     Holograph. 

3  pp.     [C.O.  5,  971.     No.  75  ;  and  5,  995.     pp.  448,  449.] 

July  11.         614.     H.M.  Warrant  to  Governors  of  Plantations  to  grant 
Kensington,    pardon  to  pirates  surrendered  in  accordance  with  the  Proclamation 

of   5th  Sept.,  1717,   etc.     Countersigned,  J.   Craggs.     [C.O.   324, 

33.    pp.  170-178.] 

July  11.  615.  Richard  West  to  the  Council  of  Trade  and  Plantations. 
Reply  to  1th  July.  By  the  Act  of  New  Hampshire  for  the  relief  of 
Jdeots  etc.,  it  is  enacted  that  ye  overseers  of  ye  poor  or  select  men 
of  every  town,  shall  be  empower'd  to  take  any  person  whom  they 
shall  judge  to  be  mad,  into  their  custody,  in  case  there  be  no 
relations  who  undertake  ye  trust,  and  are  even  impowered  (upon 
application  first  made  to  the  Sovereign  Court)  to  sell  the  estate  of 
ye  lunatick  etc.  Upon  which  Act  I  must  observe  that  there  are 
no  rules  laid  down  nor  method  prescribed  by  wch.  a  person  is  to  be 
proved  and  declared  to  be  a  lunatick  but  ye  whole  is  left  to  the 
disposition  of  ye  beforesd.  overseers  ;  wch.  is  a  power  perfectly 
unknown  to  ye  laws  of  England.  And  likewise  that  there  is  no 
notice  or  care  taken  of  the  Roy  all  Prerogative.  By  law  ye  King 
has  ye  custody  both  body  and  goods  etc.  of  every  naturall  born 
ideot  and  ye  yearly  value  of  his  lands  doe  belong  to  ye  Crown. 
The  King  also  by  his  prerogative  hath  ye  custody  of  accidentall 
lunaticks,  tho  he  hath  not  an  equall  interest  in  their  estates. 
And  ye  custody  of  those  persons  hath  been  always  obtained  by 
application  to  ye  Crown  for  a  Comission  of  Lunacy  wch.  issues  out 
of  ye  Court  of  Chancery.  And  since  ye  Governors  of  ye  Provinces 
in  ye  West  Indias  have  alsoe  ye  power  of  a  Chancellour  likewise 
granted  to  them  perhaps  your  Lordpps.  may  think  it  adviseable 
that  ye  like  Commissions  should  issue  from  the  Government  there. 
And  least  ye  Governour  should  use  this  power  to  the  oppression  of 
any  particular  persons  he  might  be  directed  not  to  pass  such 
Comission  untill  such  time  as  a  writ  de  Ideota  inquirendo  should 
be  directed  to  ye  Sherriffe  of  ye  County  and  a  return  of  ideocy 
made  upon  ye  verdict  of  a  jury  summoned  in  ye  County  where  ye 
Wt.  441.  C.P.  20. 


306  COLONIAL    PAPERS. 

1718. 

ideot  is  alleadged  to  be  liveing.  Which  method  I  think  is  pref en- 
able to  ye  giveing  a  power  to  ye  overseers  of  any  town  to  lock  up 
without  any  ceremony  any  person  whatever  whom  they  shall 
agree  to  vote  mad,  etc.  By  the  Act  providing  for  posthumous 
children  it  is  inter  alia  enacted,  that  if  any  child  born  during  ye 
life  of  ye  testator  should  happen  to  be  omitted  and  not  mentioned 
in  ye  will  of  his  parents,  that  in  such  case  ye  will  as  to  such  child 
should  be  totally  void  and  ye  child  entituled  unto  such  a  propor- 
tion of  its  parents'  estate  as  it  wou'd  have  been  in  case  its  parents 
had  died  intestate.  Not  to  take  notice  of  this  claus's  being 
altogether  foreign  to  ye  title  of  ye  Bill  I  must  observe  to  your 
Lordpps.  that  this  clause  is  in  my  opinion  contrary  to  that  right 
wch.  every  man  has  to  dispose  of  an  estate  acquired  by  himself. 
But  that  is  not  all  since  in  consequence  of  this  clause  a  child  whom 
perhaps  his  father  did  leave  out  of  his  will  as  a  punishmt.  for  his 
disobedience  or  some  other  crime  shall  by  setting  aside  his  father's 
will  in  this  respect  contrary  to  ye  testator's  intentions  have  a 
greater  proportion  of  his  father's  estate  than  ye  most  dutifull  of 
his  children  who  are  legatees  in  ye  will.  As  to  that  clause  which 
referrs  to  posthumus  children  who  may  be  unprovided  for  I 
think  it  perfectly  just  that  ye  legatees  should  loose  pro  rato  of 
their  legacies  in  order  to  make  a  reasonable  provision  for  such 
child.  But  how  far  what  hath  been  alleadged  shall  be  of  weight 
sufficient  to  induce  your  Lordpps.  to  pass  or  not  to  pass  this  Bill, 
I  entirely  submitt.  By  the  Act  against  High  Treason  there  is 
nothing  enacted  to  be  treason  but  what  is  so  att  ye  Common 
Law.  But  yet  they  make  severall  alterations  in  ye  rules  by  wch. 
any  traytor  must  be  convicted  for  tho  in  ye  first  part  of  their 
Act  they  doe  seem  to  imitate  ye  Statute  of  the  25th  of  Edward 
III.,  yet  they  have  added  to  it  ye  necessity  of  haveing  two 
witnesses  to  ye  same  overt  act  of  treason  which  is  a  difficulty  in 
ye  conviction  of  tray  tors  unknown  to  ye  Common  Law  by  wch. 
all  try  alls  are  pr.  patriam  and  not  pr.  testes.  By  another  clause 
it  is  enacted  that  all  persons  prosecuted  for  High  Treason,  their 
tryalls  shall  be  regulated  according  to  ye  Act  of  8th  Will.  III. 
for  regulating  of  tryalls  in  cases  of  treason.  I  shall  not  insist  upon 
any  advantage  that  may  be  taken  from  their  misreciteing  ye  Act 
(wch.  was  really  Vllth  Will.  III.).  But  shall  consider  it  as  if  ye 
recitall  had  been  justly  made  the  method  prescribed  by  that 
Act  has  made  it  extreamly  difficult  to  convict  any  person  of 
Treason  but  yet  in  that  Act  there  are  exceptions  for  those  treasons 
in  wch.  it  cannot  be  supposed  that  two  wittnesses  to  ye  same 
overt  Act  should  be  procured  wch.  exceptions  are  not  inserted  in 
this  Act.  But  those  persons  wch.  by  ye  Statute  of  K.  William 
are  precluded  any  priviledges  granted  by  that  Act,  are  by  this 
Act  of  New  Hampshire  entituled  to  them  ;  as  for  instance  persons 
prosecuted  for  counterfeiting  ye  coin,  of  ye  Great  or  Privy  Seal 
(and  also  ye  Sign  Manuall  and  Signett  wch.  are  two  species  of 
treason  not  taken  notice  of  by  this  Act  of  New  Hampshire). 
I  must  further  observe  that  as  ye  Statute  of  ye  25th  of  Edw.  III. 
is  declaratory  of  ye  Common  Law  I  am  of  opinion  that  it  is  much 
better  for  ye  Plantations  to  keep  ye  cases  of  treason  within  ye 


AMERICA  AND  WEST  INDIES.  307 

1718. 

rules  of  yt.  Statute  than  to  perplex  them  with  any  new  ones,  and 
it  is  certain  that  ye  Crown  has  ye  subjects  of  those  Provinces  much 
more  at  command  by  ye  Common  Law  yn.  it  would  have  if  the 
English  Statutes  of  Treasons  were  extended  to  them.  And 
doubtless  ye  example  of  this  Province  will  be  immitated  by  all  ye 
other  Colonies.  And  therefore  since  ye  King's  prerogative  is 
proposed  to  be  lessened  by  this  Act  I  submitt  it  to  your  Lordpps. 
to  judge  whether  it  is  reasonable  to  grant  what  may  be  called  so 
large  a  priviledge  without  anything  being  offer'd  to  ye  Crown  on 
ye  part  of  ye  Province  (as  ye  setling  Revenue  etc.)  to  induce  it. 
Signed,  Richd.  West.  Endorsed,  Read  llth  July,  1718.  3  pp. 
[C.O.  5,  867.  No.  I;  and  5,  915.  pp.  163-168.] 

July  14.  616.  Mr.  Bridger  to  the  Council  of  Trade  and  Plantations. 
Boston.  My  Instructions  from  the  Lords  of  the  Admiralty  forbids  all 
persons  H.M.  woods,  without  leave,  the  inhabitants  of  all  the  towns 
next  H.M.  woods  being  accostomed  to  go  and  cut  such  trees  as 
were  not  fitt  for  the  Roy  all  Navy,  the  woods  being  first  survey 'd, 
and  the  trees  marked  that  were  to  be  reserved,  to  put  these 
Instructions  in  practice  gave  me  very  much  trouble  ;  and  the 
people  dissatisfaction,  however  by  care  etc.  and  a  deep  snow  falling 
in  November  the  wood  has  been  preserved  better  than  in  some 
years  past.  But  ill  minded  persons  factious,  malicious,  and 
disloyal  and  vile  in  practise  are  never  easie  and  who  to  carrie  on 
their  designes  stick  at  nothing,  all  which  will  appear  in  the  actions 
of  one  Elisha  Cooke  Esq.  one  of  the  Council  of  this  Province,  who 
in  a  letter  to  the  Spaker  of  the  House  of  Representatives  unjustly 
falls  on  me,  and  office  :  asserts  vindicates,  and  maintaines,  that 
his  Majestie  nor  officers  has  anything  to  doe  with  the  woods 
in  the  Province  of  Main  etc.  Refers  to  enclosures.  Upon  my 
Memorial,  the  Governour  at  the  next  election  of  Councilors  was 
pleased  to  put  a  negative  on  sd.  Cooke.  Since  wch.  he  has 
delivered  another  representation  to  the  Govr.  and  Council  and 
Assembly  to  wch.  I  answered  by  Memorial  to  the  Governour. 
But  the  majority  are  for  him  and  [^]is  rebelious  assertions, 
saying  that  they  bought  the  Province  of  Main  for  £1250  (80  miles 
long),  which  was  out  of  the  power  of  the  than  Charter  to  purchas, 
much  less  had  they  a  power  to  annex  it  to  a  Charter  Govermt.  :  if 
so,  they  may  now  purchass  Roade  Island  Connecticut  etc.  and  add 
it  this  Charter,  and  entierly  thro  of  H.M.  power  and  prerogative 
from  this  Continent :  the  people  of  thi[«]  Province  pleading  they 
have  a  Charter.  When  the  dispute  of  H.M.  just  rights  and 
prerogative  of  the  woods  was  debating  in  the  lower  house,  I 
gave  one  of  the  Members  two  Acts  of  Parliament  pass'd  in  the 
4  and  IT  years  of  the  late  Queen  for  the  preservation  of  H.M. 
woods  here  in  America,  he  was  very  smartly  answered,  that  Acts 
of  Parliament  were  of  no  force  with  them,  they  had  a  Charter, 
with  great  subnotion  I  am  of  oppinion  that  the  grant  of  the 
Province  of  Main  may  be  reassumed  and  annexed  to  H.M. 
Province  of  New  Hampshire,  with  much  more  reason  than  the 
grants  of  lerland  were,  without  any  regard  to  the  possessors,  if 
it  should  be  thought  proper  to  repay  the  purchas  summ  etc.  The 


308  COLONIAL  PAPERS. 

1718. 

Province  of  Main  is  better  furnished  wth.  mastt  trees  both  for 
number  and  large  sizes  more  than  all  besides  :  there  are  now  cut 
this  last  winter  -|  of  what  was  cut  of  the  478  trees  ;  there  are 
several  new  towns  laid  out  in  the  sd.  province  since  4  years  past, 
all  and  every  Proprietor  that  have  conveniences  for  a  saw  mill  is 
building  one  ;  and  nothing  but  a  resumption  of  that  grant  will  I 
fear  do  to  preserve  the  woods  :  an  Act  of  Parliament  as  severe  as 
that  for  the  preservation  of  pitch  pine  trees,  or  tar  trees,  that 
very  Act  would  wth.  amendments  do.     but  i  pray  leave  to  inclose 
a  copie  for  a  bill  to  be  pass'd  forthwith  etc.,  or  all  the  large  pines 
will  be  destroy 'd,  etc.     I  allways  deemed  the  woods  without  the 
township  to  be  his  Majesties  ;  the  General  Court  says  he,  that  is 
H.M.  has  none,  and  that  it  is  in  their  power  to  grant  all  land  and 
woods  without  the  townships,  or  give  them  away  as  they  please, 
and  can  lay  out  and  give  away  another  rainge  of  towns  above  the 
present  towns  ;  if  so,  the  King  cannot  have  a  mast  tree  without 
purchassing  it  of  these  Proprietors,  etc.     What  further  may  be 
done  prejudicial  to  H.M.  intrest  I  cannot  yet  informe  ;  There 
being  a  Committe  appointed  of  the  Uper  and  of  the  Lower  house, 
to  sitt  as  Judges  of  H.M.  title  to  the  woods  in  this  Country,  which 
with    other    particulars    remaine    undetermined    till    the    next 
Sessions  in  October  etc.     Refers  to  enclosures  and  Mr.  Cooke's 
disloyal  pretentions  and  malicious  and  false  charges  etc.     Suchlike 
treatment  I  have  allways  meett  with  from  those  people,  etc. 
All  belonging  to  the  Crown  are  so  obnoxious  to  these  people  in 
generall,  that  it  is  very  dangerous  for  [one  ?]  to  .travaile  alone, 
etc.,  as  the  officers  of  the  Customs  can  testifie  who  has  been  molested 
in  the  execution  of  their  duty,  in  all  the  Charter  Governments, 
some  of  them  being  forced  home  this  last  year  for  redress  etc. 
Refers  to  his  affidavit  in  answer  to  Cooke's  false  charge  that  he 
exacted  40s.  a  team  from  the  inhabitants  who  cut  trees  for  loggs 
within  the  grant  of  their  townships  etc.     In  the  time  of  my 
absence  and  some  time  before  these  Great  and  Generall  Assemblys 
has  laid  out  eight  new  towns,  and  no  reserve  made  according 
to  the  Charter  which  reservation  ought  to  have  been  the  obligatory 
part  in  every  town  grant  so  lay'd  out,  the  neglect  of  wch.  not  only 
a  breach  the  Charter,  but  destroys  all  the  woods  within  those 
townships  beyond  redress,  besides  whenever  there  is  occasion  to 
but  name  this  is  for  H.M.  intrest  or  'tis  against  the  Prorogative 
of  the  Crown,  the  answer  is,  these  are  the  privileges  of  the  Charter, 
so  that  the  Charter  is  allways  pleaded  and  the  reservation  for 
H.M.  Navy  is  null'd.     If  this  Magogg  or  Idoll  of  these  people 
were  lost,  no  one  person  would  suffer  a  penny  damage  in  their 
estates  :  and  H.M.  intrest  secured,  and  officers  protected,  and 
keept  from  the  insults  of  the  people  etc.     P.S.— There  is  affidavitt 
wherein  I  am  charged  with  receiving  £20  and  £5  for  leting  some 
people  get  logg  and  that  on  land  up  Merrimack  River,  and  is 
in  propriete  wth.  some  other  persons  and  myself.     Signed,  J. 
Bridger.     Endorsed,  Reed.   29th  Aug.,  Read  23rd  Sept.,   1718. 
4  pp.    Enclosed, 

616.  i.  Memorial  of  John  Bridger  to  Governor  Shute.     Replies 
to  Elisha  Cooke's  false  and  malicious  aspersions.      The 


AMERICA  AND  WEST  INDIES.  309 

1718. 

royalty  of  the  woods  has  never  been  sold  or  alienated, 
as  he  maintains,  as  appears  by  many  Acts  of  Parliament. 
Points  out  inconsistency  of  Mr.  Cooke,  who  in  one  place 
affirms  that  the  General  Court  may  dispose  of  unappro- 
priated lands,  woods  etc.,  and  in  another  declares  that 
no  person  might  presume  to  cutt  down  trees  without  the 
townships,  etc.  Continues : — I  have  an  authentick 
affidavit  from  Samuel  Plaisted  that  he  heard  Cooke  say 
that  neither  the  King  nor  Mr.  Bridger  his  officer  had 
anything  to  doe  in  the  Province  of  Main.  In  the  present 
Charter  the  woods  are  expressly  reserved  for  H.M.  use, 
etc.  Copy.  1  \  pp. 

616.  ii.  Memorial  of  Elisha  Cooke  to  the  Governor,  Council  and 
Assembly  of  the  Massachusets  Bay.  Charges  Mr.  Bridger 
with  having  received  £50  from  Mr.  Mico  for  masts  sent 
to  England.  Continues  : — When  I  was  in  Main, 
Jan.  last,  being  inform'd  that  there  was  a  designe  to 
entice  the  inhabitants  there  to  give  Mr.  Bridger  or  his 
Deputy  money  to  cutt  loggs  in  that  county,  some  having 
been  threatened  by  Samuel  Plaisted,  his  Deputy,  and 
others  had  the  trees  they  had  cut  for  sloop  masts 
seized,  because  they  had  not  Mr.  Bridger's  liberty, 
altho  they  grew  within  the  township  of  Berwick,  I 
informed  the  people  that  they  might  cut  trees  for  logs 
etc.  and  be  in  no  danger  of  the  penalty  of  £100  mentioned 
in  the  Charter.  Charles  I.  granted  the  Province  of 
Main,  with  all  its  woods  etc.  to  Sir  Ferdinando  Gorges, 
whose  son  sold  it  to  John  Usher  in  1677  for  £1250. 
Usher  conveyed  his  title  to  the  Collony  of  the  Massachu- 
sets Bay.  The  General  Court  may  therefore  doubtless 
dispose  of  the  unapropriated  lands  woods  etc.  to  such 
persons  as  they  think  fitt,  more  especially  considering 
the  Charter  granted  by  King  William  and  Queen  Mary 
to  the  inhabitants  of  this  Province  doth  confirm  all 
lands  tenements  etc.  which  any  persons  and  persons 
body's  pollitick  do  hold  and  enjoy  etc.  If  so,  the 
suppositions  of  Mr.  Bridger  that  all  the  woods  without 
ye  townships  are  H.M.'s,  must  fall  to  the  ground.  Mr. 
Bridger  might  travail  a  little  further  where  there  are 
very  large  tracts  of  lands  and  woods  not  granted  to  any 
private  persons  etc.  Boston,  June  14,  1718.  Add. 
June  16,  1718.  Being  desired  to  explain  above  statement 
that  "  I  did  inform  the  people  that  they  might  cut 
trees  etc.,"  I  declare  that  I  informed  the  inhabitants  that 
no  person  might  presume  to  cut  down  any  trees  without 
the  bounds  of  their  townships  etc.  Signed,  Elisha 
Cooke.  The  above  memorial  was  referred  to  a  Committee 
of  the  Council  and  Assembly  July  lst-5th.  Copy. 
*±pp. 

616.  iii.  Memorial  of  John  Bridger  to  Governor  Shute.  Cooke 
not  only  denys  the  power  H.M.  has  invested  me  with, 
but  tells  the  inhabitants  of  Main  they  may  cut  where 


3io  COLONIAL    PAPERS. 

1718. 

and  what  log  they  please  etc.  This  arbitrary  liberty 
this  Gentleman  dispences  will  soon  destroy  all  the  mast 
trees  reserved  by  H.M.  in  the  Charter  for  the  Roy  all 
Navy,  and  lay  H.M.  under  a  necessity  not  only  to  keep 
but  makeing  a  peace  with  the  Northern  Crowns  let  it 
be  never  so  injurious  to  the  trade  and  interest  of  Great 
Brittain  etc.  The  time  being  near  wherein  your  Excel- 
lency will  have  an  opportunity  to  remove  all  enemies 
to  H.M.  and  his  interest  from  the  Council,  obliges  me  to 
put  your  Excellency  in  mind  thereof  etc.  Copy.  1  p. 

616.  iv.  Memorial  of  Elisha  Cooke  to  the  Speaker  of  the 
Assembly  of  the  Massachusets  Bay.  Boston,  6th  Feb., 
1717.  Complains  that  Mr.  Bridger  is  endeavouring  to 
force  the  inhabitants  of  Kittery  and  Berwick  to  pay  him 
40s.  for  each  team  they  send  into  the  woods,  and  exacts 
from  them  for  his  licence  to  work  upon  land  within 
grant  of  the  townships  and  a  bond  of  £100  that  they 
cut  down  no  trees  fit  for  masts  for  H.M.  use.  The 
reservation  made  by  H.M.  in  the  Charter  cannot  be 
construed  to  countenance  Mr.  Bridger,  for  it  can  only 
refer  to  trees  that  grow  upon  lands  not  heretofore 
granted  to  any  private  persons,  and  the  Province  of 
Main  was  long  since  granted  by  the  Crown  to  Sir 
Ferdinando  Gorges  etc.  Signed,  Elisha  Cooke.  Copy. 
2}  pp. 

616.  v.  Mr.  Bridger  to  Governor  Shute.  Copy  of  an  Act 
proposed  to  be  pass'd  for  the  better  preservation  of 
H.M.  woods  and  intrest  in  America,  f  p. 

616.  vi.  (a)  Deposition  of  Samuel  Plaisted.  Portsmo.,  June 
12,  1718.  Deponent  heard  Cooke  say  that  neither  the 
King  nor  Mr.  Bridger  had  anything  to  do  in  the  county 
of  Yorke  formerly  the  Province  of  Main  in  surveying 
the  mast  trees  etc.  Signed,  Saml.  Plaisted. 

(6)  Deposition    of    Archibald   Macpheadris    to    same 
effect.     Portsmo.,  May  16,  1718.     Copy.     The  whole,  1  p. 

616.  vii.  Mr.  Bridger  to  Mr.  Popple.  I  offered  to  take  the 
oath  before  the  Governor  and  Council,  that  I  have  not 
exacted  any  sum  whatever  from  the  inhabitants  of  the 
county  of  York,  nor  from  any  other  person,  as  alledged 
No.  iv.,  but  was  reffused,  etc.  Signed,  J.  Bridger.  1  p. 

616.  viii.  Mr.  Bridger  to  Josiah  Willard,  Secretary.  Acknow- 
ledges copy  of  Cooke's  charges  and  denies  them .  Boston, 
April  15,  1718.  Signed,  J.  Bridger.  Endorsed,  Reed. 
29th  Aug.,  Read  23rd  Sept.,  1718.  Copy.  1  p.  [C.O. 
5,  867.  Nos.  12,  12  i.-viii.  ;  and  (without  enclosures) 
5,  915.  pp.  206-214.] 

July  14.        617.    Mr.   Bridger  to  Mr.   Popple.     Acknowledges  letter   of 

Boston.       nth  March  etc.     Continues  :— No  care  shall  be  wanting  on  my 

part  to  protect  H.M.  interest  etc.     I  pray  their  Lordships  may  be 

minded  that  there  are  near  7000  inhabitants  who  loose  no  opper- 

tunity  to  inrich  themselves,  by  the  spoyles  they  make  out  of  H.M. 


AMERICA  AND  WEST  INDIES.  311 

1718. 

woods  (but  'tis  in  dispute  whether  H.M.  has  any  woods  in  this 
Govermt.  or  no)  and  but  one  person  to  secure  60  or  70  miles  in 
length  next  the  woods  against  their  wasts  and  destruction.  I  am 
not  contending  for  assistance  whereby  to  make  an  advantage  to 
myself,  or  putting  the  Crown  to  any  expence  but  such  as  the 
publick  good  in  a  most  necessitious  manner  calls  for  it  etc.  H.M. 
in  his  Commission  did  establish  my  salary  and  the  Navy  to  pay 
for  it,  the  dispute  was  with  my  Lord  Orford  himself,  who  was  so 
superiour  a  man  that  he  would  have  the  nomination  of  the  officer 
he  paid,  but  as  soon  as  he  heard  the  Commission  read  to  him, 
said  he  had  nothing  to  doe  wth.  it  the  King  had  appointed  my 
salary  and  bid  me  go  and  recieve  it.  This  was  the  difficulty, 
not  the  establishmt.  of  the  salary.  I  should  be  glad  tobeinfonn'd 
of  your  meaning,  when  the  survey  is  done  that  I  am  upon  the 
Deputies  might  expect  a  reward,  there  is  none  will  worke  an 
houer  without  a  certaine  pay  etc.  Urges  that  Cooke  should  be 
sent  for  home  to  answer  to  H.M.  Court  of  Exchequer  etc.  Unless 
such  as  he  be  humbled,  and  H.M.  intrest  supported,  as  well 
otherways  as  by  Acts  of  Parliament,  the  intrest  of  the  Crown, 
and  H.M.  prerogative  will  entierly  be  lost  here  etc,  Signed, 
J.  Bridger.  Endorsed  as  preceding.  Addressed.  1J  pp.  [(7.0. 
5,  867.  No.  13  ;  and  5,  915.  pp.  214-216.] 

July  14.  618.  Governor  Hunter  to  the  Council  of  Trade  and  Plantations. 
N.  York.  The  ship  (Capt.  Gerard  Comder.)  being  still  here,  I  herewith  send 
your  Losps.  an  abstract  of  the  import  from  the  Western  Islands 
chiefly  Madera  together  with  the  quarterly  accounts  which  I 
believe  your  Losps.  will  find  to  be  very  exact  and  nicely  conform- 
able to  the  Instructions  etc.,  and  your  Losps.  shall  have  them 
punctually  by  all  conveyances.  Signed,  Ro.  Hunter.  Endorsedt 
Reed.  10th  Sept.,  Read  1st  Oct.,  1718.  Holograph.  1  p. 
Enclosed, 

618.  i.  Account  of  imports  to  New  York  from  Madera,  24th 
June,  1715-1718,  in  return  for  exports  of  provisions, 
grain  and  pipe-staves.  Totals : — Wine,  1614  pipes, 
47  hhds.,  59  casks.  Spirits,  distilled  at  the  Western 
Islands,  1  hhd.,  36  casks.  Same  endorsement.  J  p. 
[C.O.  5,  1051.  Nos.  75,  75  i.  ;  and  (without  enclosure) 
5,  1124.  p.  54.] 

July  14.  619.  Lords  Commissioners  of  the  Admiralty  to  Mr.  Secretary 
Admiralty  Craggs.  Reply  to  July  8.  Propose  that  H.M.  Surveyor  of  Woods 
in  America,  lately  appointed,  be  instructed  to  survey  those  of 
Nova  Scotia,  by  himself  or  by  deputy.  As  to  a  small  vessel  to 
attend  on  that  Government,  the  numbers  of  men  actually  employed 
in  the  Royal  Navy  do  very  much  exceed  what  Parliament  have 
made  provision  for  etc.  But  if  H.M.  shall  think  it  for  His  service, 
we  shall  endeavour  to  appoint  such  a  vessel  as  may  occasion  the 
least  expence  ;  tho'  it  is  our  opinion,  that  if  she  doth  not  depart 
from  hence  within  a  month,  she  will  not  be  able  to  lay  hold  of 
the  coast  this  year,  and  whether  the  Governor  can  be  able  to  leave 
England  by  that  time  is  uncertain  to  us.  Signed,  J.  Barkeley, 


312 


COLONIAL  PAPERS. 


1718. 


July  15. 

Boston. 


July  15. 

Boston. 


July  15. 

Whitehall. 


J.  Jennings,  Jo.  Cokburne,  W.  Chetwynd,  Cha.  Wager.     3  pp. 
[C.O.  217,  31.     No.  18.] 

620.  Mr.  Cumings  to  the  Council  of  Trade  and  Plantations. 
Replies  to  questions  of  6th  March,  (i.)  There  may  be  100,000 
weight  of  wool]  annually  in  this  province  and  Rhoad  Island  but 
difficult  to  know  the  exact  quantity,  (ii.)  As  to  what  quantity 
is  exported  it  is  done  with  such  privacy  that  it  is  difficult  to  find 
out  but  it  has  been  reported  they  have  exported  some  from 
Nantucket  Island  (where  they  have  10,000  sheep)  to  France, 
(iii.)  The  most  part  of  itt  is  here  manufactured  into  shalloons 
serges  stuffs  drugets  and  kersies  and  here  consumed  a  sample 
whereof  I  shall  indeavour  to  procure  your  Lordships  and  the 
prices  they  sell  for  and  a  sample  of  the  wooll  which  is  sold  now  att 
16d.  pr.  pound.  I  am  att  present  a  stranger  to  the  price  of  wooll 
in  England  so  cannot  so  readily  give  my  thoughts  thereon  but  if 
a  praemium  was  given  to  enable  the  merchts.  to  make  any  tolerable 
return  by  wooll  it  would  much  decrease  the  manufacturing  of  the 
wooll  here  and  advance  the  Brittish  for  where  the  greatest 
quantity  of  wooll  is  produced  is  upon  Islands  where  litle  or  none 
of  itt  is  manufactured,  etc.  The  export  for  Great  Britain  from 
Christmas  to  Midsummer  from  this  port  stands  thus : — Whalebone 
177  bundles,  pitch  2665  barls.,  tarr  7599,  turpentine  3202,  rozin 
32,  oyll  3091,  rice  543,  indigoe  22,  sugar  100  hhds.,  brazeletto 
wood  22|  tuns,  fustick  52  tuns,  lignum  vitse,  100  tuns,  skins  and 
furrs  58  hhds.  and  casks,  staves  131,600,  etc.  Signed,  Archd. 
Cumings.  Endorsed,  Reed.  29th  Aug.,  Read  23rd  Sept.,  1718. 
1 J  pp.  Enclosed, 

620.  i.  Account  of  foreign  enumerated  commodities  imported 

in  the  port  of  Boston  24th  June,  1717-1718;  showing 
French,  Dutch,  Danish  and  Spanish  origins.  Signed, 
Archd.  Cumings.  Cocoa,  from  St.  Thomas,  144  barrls., 
from  Martinico,  133  ;  Indigo,  from  Cyan  1501b.,  Cotton, 
from  St.  Thomas  174  bags  ;  Molosses,  from  Cyan, 
49  hhds.,  71  teirces,  from  Surinam,  737  hhds.,  37  teirces, 

6  barls.  ;  Sugar,  from  Cyan,  10  barls.  from  Cape  Fran9ois 
16  barls.,  from   Surinam,   4  barls.,   from   St.   Thomas, 

7  hhds.,  40  teirces,   145  barls.     Rum,  from  Surinam, 
10  hhds.,    13  teirces,   3    barls.     1   slip.     [C.O.  5,  867. 
Nos.  10,  10  i.  ;  and  5,  915.    pp.  201-204.] 

621 .  Mr.  Cumings  to  Mr.  Popple.     Acknowledges  letter  of 
6th  March  and  recommends  appointment  of  an  Inspector  Generall 
of  Imports  and  Exports  of  each  Colony  etc.     Signed,  Archd. 
Cumings.     Endorsed,  Reed.  29th  Aug.,  Read  23rd  Sept.,   1718. 
J  p.     [C.O.  5,  867.     No.  11  ;  and  5,  915.    p.  205.] 

622.  Mr.  Secretary  Craggs  to  the  Governor  of  Jamaica.     It 
having  been  represented  to  H.M.  in  behalf  of  the  Jews  inhabiting 
Jamaica,  that  many  of  their  profession  have  been  settled  in  that 
Island  for  several  years,  on  encouragement  from  an  Act  passed 
there,  as  also  by  Letters  Patent  of  naturalization,  and  that  others 


AMERICA    AND    WEST    INDIES.  313 

1718. 

of  them  have  been  born  upon  the  place  ;  all  of  which  have  carried 
on  their  trade,  possessed  lands,  and  enjoyed  all  other  rights, 
privileges  and  jurisdictions  granted  them  by  the  said  Act  and 
Letters  Patents,  in  the  same  manner  as  the  other  natural-born 
subjects  of  H.M.,  without  distinction  on  account  of  their  Religion  : 
And  it  having  been  further  represented,  that  there  have  been  some 
late  attempts  to  diminish  their  aforesaid  privileges,  though  they 
have  on  all  occasions  given  incontestable  proofs  of  their  zeal 
and  affection  for  H.M.  Person  and  Government :  I  am  therefore 
to  signifie  to  you  H.M.  pleasure,  that  you  give  all  fitting  encourage- 
ment and  protection  to  the  Jews  settled,  as  abovementioned,  in 
Jamaica,  so  far  as  the  Laws  of  that  Island  now  in  force  do  allow, 
provided  they  on  their  part  demean  themselves  quietly  ;  to  the 
end  that  they  may  remain  in  the  peaceable  possession  of  such 
privileges  as  they  have  hitherto  enjoyed.  Signed,  J.  Craggs. 
[C.O.  324,  33.  p.  179.] 

July  15.         623.     Mr.  Popple  to  Mr.  Burchett.     Asks  for  copy  of  Admiral 
Whitehall.     Benbow's  letter  to  the  Governor  of  St.  Thomas,  21st  Oct.,  1699, 

and    of    his    answer.      (v.  No.   593    iv.   (a),)      [C.O.    153,    13. 

pp.  349,  350.] 

July  15.  624.  Mr.  Burchett  to  Mr.  Popple.  Reply  to  preceding.  The 
Adiiity.  Office,  said  letters  were  some  time  since  unfortunately  burnt,  among 
others,  in  a  particular  place  where  they  were  lodged  in  the  garden 
of  this  Office  ;  but  I  having,  before  this* accident  hapen'd,  collected 
several  things  from  the  letters  of  the  Flagg  Officers,  in  order  to  the 
compleating  the  History  which  I  have  almost  finished  of  Naval 
Affaires,  I  send  you  herewith  an  account  of  what  I  have  observed 
passed  between  Rear  Admiral  Benbow  and  the  aforesaid  Governor 
of  St.  Thomas's,  and  if  the  same  may  be  of  any  use  to  the  Lords 
Commissioners  for  Trade,  I  shall  be  very  glad.  Signed,  J. 
Burchett.  Endorsed,  Reed.,  Read  16th  July,  1718.  1  p. 
Enclosed, 

624.  i.  Mr.  Burchett's  account  of  what  passed  between  Rear 
Admiral  Benbow  and  the  Danish  Governor  of  St.  Thomas. 
At  the  request  of  the  President  of  the  Council  of  Nevis, 
the  Rear  Admiral  sail'd  to  the  Island  St.  Thomas, 
inhabited  chiefly,  if  not  altogether,  by  subjects  of 
Denmark,  and  demanded  by  what  authority  they  bore 
the  flag  of  that  Nation  on  Crab  Island,  since  it  apper- 
tained to  the  King  of  England  his  Master  :  He  also  let 
the  Governour  know,  that  it  was  not  agreeable  to  the 
Laws  of  Nations,  to  trade  with  Py rates,  (it  being 
evident  he  had  suffered  great  part  of  Kidd's  cargo  to  be 
landed  at  that  Port),  and  demanded  of  him  all  subjects 
of  England  who  were  non-resident  there.  The  Gover- 
nour  seem'd  surprized  at  his  making  any  objections  to 
the  Flag,  and  insisted  that  the  Island  whereon  it  flew 
was  actually  the  King  of  Denmark's.  The  Port  he  said 
was  free,  and  since  the  Brandenburgh  Factors  had 
received  part  of  Kidd's  effects,  he  could  by  no  means 


314  COLONIAL    PAPERS. 

1718. 

molest,  but  on  the  contrary,  was  obliged  to  protect 
them  :  He  averr'd  that  there  were  not  any  of  the  subjects 
of  England  on  the  Island,  Capt.  Sharp  only  excepted, 
who  was  confined  for  misdemeanours,  and  having  sworn 
allegiance  to  the  King  of  Denmark,  could  not  justifi- 
ably be  deliver 'd  up,  so  that  the  Rear  Admiral  was 
obliged  to  desist,  for  his  Instructions  did  not  empower 
him  to  act  in  an  hostile  manner,  etc.  [0.0.  152,  12. 
Nos.  106,  106  i.  ;  and  (without  enclosures)  153,  13.  pp. 
350,  351.] 

July  16.  625.  Copy  of  Privy  Seal  directing  salaries  to  be  paid  to  the 
Lords  Commissioners  for  Trade  and  Plantations  : — Robert,  Earl 
of  Holdernesse,  John  Chetwynd  Esqr.,  Sir  Charles  Cooke,  Paul 
Docminique,  John  Moles  worth,  Thomas  Pelham,  Daniel  Pulteney 
and  Martin  Bladen,  and  under  officers.  Endorsed,  Reed.,  Read 
8th  Aug.,  1718.  2  pp.  [O.O.  388,  77.  No.  46.] 

[July  16.]  626.  Capt.  Passenger  to  Mr.  Popple.  Encloses  following. 
"  The  most  exact  account  I  could  possibly  get,  in  that  short  time 
I  was  there,  wch.  was  less  than  two  months,  and  12  months  would 
have  been  too  short  a  time  to  have  done  it  effectualy,  it  being 
110  leagues  from  Bonavist  to  Placentia,  and  has  21  fishing  harbours 
and  coves  in  it,  wch.  I  was  obliged  to  send  my  officers  to,  and  hire 
boats  and  sloops  at  my  own  charge,  there  not  being  one  shilling 
allow'd  for  it  "  etc.  I  have  no  manner  of  intrest  in  it  more  than 
for  the  good  of  H.M.  subjects  etc.  Signed,  W.  Passenger. 
Endorsed,  Reed.  16th  July,  Read  15th  Aug.,  1718.  f  p. 
Enclosed, 

626.  i.  Capt.  Passenger's  answers  to  Heads  of  Enquiry  relating 
to  the  Trade  and  Fishery  of  Newfoundland,  May  9th, 
1717.  (i.)  There  are  some  small  numbers  of  black 
cattle,  sheep  and  hoggs,  etc.,  and  a  small  no.  of  beaver 
furrs  etc.  of  the  Planters  own  killing  in  the  winter,  but 
have  no  trade  with  the  Indians,  (ii.)  They  are  supply 'd 
with  bread,  flower,  rumm,  brandy  and  tobacco  from 
New  England  to  the  great  prejudice  of  those  trading 
directly  from  Great  Brittain.  (iii.)  In  the  spring 
before  H.M.  ships  can  arrive  they  do  rind  the  trees  to 
cover  their  houses  and  stages,  and  cut  down  a  great 
deal  of  birch  to  make  new  flakes  to  dry  their  fish  on,  the 
other  being  burnt  in  the  winter,  to  the  great  decay  and 
destruction  of  the  woods,  and  the  fishing  ships  trading 
thither  ;  they  being  forced  to  go  5  or  6  miles  in  ye  woods 
for  a  stick  of  birch  as  big  as  my  arm,  being  contrary  to 
the  Act  of  Parliamt.  and  the  advantage  of  all  that  reside 
or  trade  there,  and  all  for  want  of  good  Government  in 
the  winter,  otherwise  the  flakes  and  stages  would  last 
seven  years,  (iv.)  He  that  is  the  strongest  man,  in 
the  winter  commonly  ingrosses  other  men's  right ;  until 
H.M.  ships  arrive  etc.  (v.)  That  is  frequently  done  till 
the  arrival  of  H.M.  ships  to  decide  that  matter ;  For 


AMERICA    AND    WEST    INDIES.  315 

1718. 

they  are  such  a  sort  of  people  that  their  will  is  sufficient 
against  all  Acts  of  Parliament,  untill  they  meet  with  a 
superiour  power  to  put  those  laws  in  execution,  (vi.) 
All  those  fishing  ships  that  come  to  fish  in  the  country, 
do  bring  over  the  number  of  green  men,  if  they  can  get 
them  ;  but  there  has  been  so  many  lately  carried  away 
to  New  England,  that  the  oldest  traders  to  Newfoundland 
have  told  me  'tis  not  possible  to  get  the  number  of  the 
future,  without  the  New  England  trade  is  prohibited 
etc.  as  1st  Oct.,  1717.  Great  quantity s  [?  of  fish  from 
New  England]  are  carried  to  the  Spanish  and  Italian 
marketts,  and  are  sold  a  dollar  in  a  quintal  cheaper  than 
the  ships  from  Great  Brittain  can  afford  to  sell  them, 
(vii.)  There  being  no  officer  on  the  spott  to  examine  their 
certificates,  they  are  seldome  produced,  except  there 
arrise  a  dispute  who  has  a  right  to  be  Admiral  etc.  On 
my  arrival,  there  was  three  set  up  for  Admirals  of  St. 
Johns  etc.  The  most  part  of  the  Admls.  of  the  Harbours 
are  for  their  own  private  benefitt,  and  not  the  publick 
good  in  genl.  ;  they  have  some  priviledges  more  than 
others,  and  especially  in  collecting  their  debts  ;  and 
very  little  else  minded  of  the  Acts  of  Parliament,  relating 
to  the  Admlls.  of  harbours,  if  not  compell'd  by  the 
commanders  of  H.M.  ships  of  warr,  and  all  for  want 
of  a  Governour  on  the  spott.  (viii.)  Whenever  they 
have  oppertunitys'  to  defraud  their  neighbours,  they 
will  not  only  cut  out  the  marks  of  the  train  fatts,  but 
where  strong  enough  will  turn  a  man  out  of  his  house 
and  keep  possession  of  it  untill  one  of  H.M.  ships  arrive  to 
put  the  right  owner  in  possession  again,  (ix.)  No 
complaints  of  that,  (x.)  Those  that  dont  leave  some- 
body to  look  after  their  stages  etc.  in  the  winter  will 
find  them  in  a  very  bad  condition  the  next  spring,  by 
being  stoln  and  burnt  in  the  winter,  (xi.)  It  happen'd 
this  year  that  there  was  not  much  above  half  ships 
enough  to  take  up  the  rooms,  so  they  had  no  occasion 
whilst  I  was  there  (to  engross  more  beach  and  flakes 
than  belongs  to  them),  but  I  have  heard  the  Admlls. 
have  made  it  their  practice  in  other  years,  wch.  is  the 
chief  reason  they  endeavour  to  be  Admlls.  to  serve 
themselves,  but  as  to  their  doing  justice  to  others  (more 
than  sutes  with  their  own  interests),  'tis  very  rare  to 
find  they  will  take  much  pains  on  that  point,  (xii.)  I 
never  saw  any  of  their  journals  here,  but  have  often 
put  them  in  mind  of  their  duty.  The  Admirals  do 
determine  differences,  and  very  often  they  appeal  to  ye 
Commanders  of  H.M.  ships  for  a  final  determination, 
but  stand  by  that  no  longer  than  the  Captain  is  on  the 
spott,  as  in  the  case  of  Tobias  Hutchinson  v.  Langley. 
(xvi.)  There  is  no  manner  of  regard  had  to  this  Article, 
for  they  throw  everything  they  have  a  mind  to  throw 
overboard  where  their  ships  lay  without  any  scruple, 


316  COLONIAL    PAPERS. 

1717. 


wch.  I  have  complain'd  off  very  often,  (xvii.)  They 
allways  throw  their  offall  at  ye  stagehead  so  the  tides 
do  wash  and  carry  it  off  without  any  annoyance  to  the 
place,  (xviii.)  They  do  observe  the  Lord's  Day  in  going 
to  Church  when  the  parson  happens  to  be  sober  ;  But 
as  to  the  selling  strong  liquors  etc.  there  is  much  more 
sold  that  day  than  any  week  day,  by  reason  all  ye  people 
are  exempt  from  work  that  day,  and  they  have  nothing 
else  to  do  but  to  drink  for  want  of  a  Civill  Government 
among  them,  (xix.)  I  have  not  seen  nor  heard  of  any 
aliens  to  fish  in  any  part  of  Newfoundland,  except  the 
Bay  of  Fortune,  and  the  Island  of  St.  Peters  where 
there  are  a  sort  of  French  inhabitants  that  pretend  they 
have  a  right  to  fish  there,  they  did  take  the  oaths  to 
Queen  Anne,  but  have  not  done  it  to  King  George  for 
wch.  reason  Governor  Moody  sent  down  an  officer  and 
seiz'd  their  fish  and  train  etc.  before  my  arrivall  etc. 
(xx.)  As  to  curing  their  fish  with  good  salt,  that  is  done 
most  certainly  for  their  own  ad  vantage  for  they  make  two 
sorts,  merchantable,  and  refuse,  the  latter  is  sold  for 
half  the  price  as  the  former,  both  at  Newfoundland,  and 
the  Streights  ;  and  our  gentlemen  that  commands  the 
sack  ships  know  what  fish  is  good  for  the  Spanish  marketts 
as  the  Spaniards  themselves,  (xxi.)  Certainly  the 
inhabitants  debauch  themselves  with  drinking,  to  the 
great  detriment  and  in  a  little  time  to  the  utter  destruc- 
tion of  the  fishery  etc.  v.  1st  Oct.,  1717.  (xxii.)  It  is 
very  common  for  ships  to  come  directly  from  France, 
Spain,  Portugall  etc.  with  salt,  wines,  brandy  and  all 
the  produce  of  those  country s,  they  will  sell  at  New- 
foundland, as  well  as  they  do  from  all  H.M.  Islands  in 
the  West  Indies,  and  America,  with  rumm,  mellosses, 
sugar,  tobacco  etc.  (xxiii.)  Some  are  sold  to  people 
that  makes  it  their  bussness  to  buy  ships  cargos,  and 
retailes  them  out  to  the  inhabitants  ;  and  some  masters 
of  ships  that  bring  cargos  hire  storehouses,  and  land 
their  goods,  and  retails  them  out  to  ye  planters,  and 
trusts  them  till  their  fish  is  made  and  then  they  collect 
in  their  fish  for  their  goods  ;  and  if  they  don't  sell  all 
they  leave  a  trusty  man  to  stay  the  winter,  and  sell  all 
that  they  cant,  in  the  summer  season.  They  sell  to 
any  that  will  buy  them  ;  as  well  to  those  who  belong  to 
ships  as  those  planters  on  shoar,  and  'tis  my  opinion 
that  not  one  fourth  part  of  the  provisions  etc.  comes 
directly  from  Brittain  or  Ireland,  (xxiv.)  I  did  not 
observe  any  of  those  enumerated  comoditys  were  shipt 
on  ships,  bound  to  Spain,  only  sugar  and  tobacco  in 
small  quantity  s  for  their  present  use,  and  not  to 
merchandize,  by  reason  all  the  ships  that  go  to  Spain 
lade  with  fish  only,  and  tobacco,  and  sugars  are  pro- 
hibited in  Spain,  and  nobody  can  buy  them,  but  one 
man  that  is  appointed  by  the  King,  (xxvii. )  The  price  of 


AMERICA    AND    WEST    INDIES.  317 

1717. 

fish  is  commonly  broke  at  28  or  30  ryals  pr.  quintal,  and 
carried  to  Spain,  Itally  and  Portugall,  for  a  market, 
train  oyl  from  9  to  £10  pr.  tun,  carried  for  great  Brittain 
to  market,     (xxix.)  They  clear  from  all  the  West  coast 
of  England  and  Bristol.     The  sack  ships  most  from 
London  and   Bristoll.     (xxx.)  1100  men  went  to  New 
England  the  year  before  I  came  ;  and  I  can't  find  any 
way   that   will   intirely   prevent   that   abuse,   but   the 
prohibiting  the  New   England  ships  from   trading  to 
Newfoundland,     (xxxi,  xxxii.)  The  French  have  a  great 
number  of  ships  wch.  fish  on  the  Banks,  but  I  could 
never  learn  what  number,  by  reason  they  fish  further 
to  the  Southward  than  our  ships  do,  and  'tis  almost 
all  ways  foggy  etc.,  and  likewise  on  the  coast  of  Canada 
and  Cape  Britton.     But  they  carry  on  a  great  trade 
there  'tis  certain.     Answers  to  Additional  Instructions. 
(1.)  The  trees  are  rinded  and  the  woods  destroyed,  so 
much  is  certain,  and  not  in  the  power  of  a  Commander 
of  H.M.  ship  to  hinder  it,  for  'tis  done  before  they  arrive 
in  the  spring,  before  they  begin  their  fishery,  to  repair 
their  stages,  houses  etc.     Which  can  never  be  prevented 
without  a  civill  Government  settled.     (2.)  The  Admirals 
observe  the  Act  no  farther  than  consists  for  their  own 
interests.     (3.)  The  vessels  from  New  England  supply 
Newfoundland  with  three  fourths  of  their  provissions 
to  the  great  hinderance  of  the  trade  of  Great  Brittain. 
(4.)  As  the  New  England  ships  seldome  depart  before 
H.M.  ships  sail  etc.  ut  supra.     (5.)  The  masters  of  ships 
neglect  to  bring  their  men  home  to  save  charges  etc. 
If  the  master  was  under  a  penalty  of  £10  for  every  man 
he  carries  out  of  Great  Brittain,  and  not  bring  him  back 
again,  death  only  excepted,  to  be  paid  to  the  Collector 
that  clears   the   ship   inwards,   and  those  men   to   be 
registred  by  the  officer  that  clears  the  ship  outwards  ; 
must    prevent    the    same.     (6.)  European    comoditys 
are  carried  to  Newfoundland  in  Brittish  ships,  directly 
from  France,  Spain,  and  Portugall  that  is  salt,  wine  and 
brandy,  and  sold  to  the  inhabitants  wch.  is  all  the  supply 
they   have   except   from   New   England   for   of   those 
commoditys  none  comes  directly  from  England,  but 
bread,  pease,  oatmeal  etc.,  and  clothing,  and  I  find 
those  things  have  been  done  time  out  of  mind,  and  are 
wink'd  at  for  the  sake  of  trade,  and  for  want  of  a 
sufficient  power  to  seize  them,  and  indeed  had  I  seized 
all  those  ships  which  did  not  come  directly  from  Great 
Brittain,  the  major  part  of  the  fish  must  have  been  left 
in  the  country,  besides  the  advantage  the  New  England 
men  would  have  had,  in  selling  their  commoditys  of  the 
same  sort  for  double  the  money  they  did  ;  and  all  that 
with  submission  may  be  prevented  when  they  clear,  in 
Great  Brittain  for  Newfoundland,  to  give  bond  not  to 
go  into  any  other  port  to  load  or  take  on  board  any 


318  COLONIAL    PAPERS. 

1718. 


goods,  directly,  or  indirectly,  for  Newfoundland,  after 
they  depart  from  Great  Brittain.  I  have  done  all  that 
in  me  lay  and  took  especial  care  that  none  of  those 
commoditys  so  brought  into  the  country  was  shipt  off 
or  sold  to  any  ship  bound  to  any  markett,  but  purely 
for  the  supplying  of  the  planters,  and  without  that  they 
could  not  carry  on  the  fishery,  and  indeed  all  this  is  not 
one  third  of  the  trade,  the  other  is  carried  on  by  the 
New  England  men,  so  there  is  no  benefitt  arrises  to 
great  Brittain ;  but  those  Brittish  ships  that  bring 
cargo's  thither  tho'  not  directly  from  Great  Brittain, 
is  only  to  purchace  their  cargo's  of  fish  for  the  Spanish 
marketts  etc.  and  that  cargo  loads  them  home  with 
wines,  fruits  etc.  of  the  growth  of  Spain  or  the  place 
they  load  at,  which  pays  H.M.  dutys  at  their  return. 
(8.)  With  humble  submission  I  think  it  highly  necessary 
that  there  should  be  an  entire  stop  put  to  the  New 
England  trade,  otherwise  they  will  in  a  very  little  time 
intirely  destroy  the  Newfoundland  trade,  and  set  up  a 
much  better  fishery  in  New  England,  wch.  they  can  do 
so  much  cheaper  than  our  people  that  go  out  from 
great  Brittain,  and  carry  out  their  servants  and  fishermen 
at  the  rate  of  16  and  £18  pr.  head  for  the  season,  besides 
ye  charge  of  netts,  hooks,  lines,  and  all  other  contin- 
gencys  wch.  discourages  a  great  many  to  undertake  it, 
so  many  having  of  late  miscarried,  and  all  occasion'd 
by  the  New  England  trade  carrying  off  such  a  number  of 
men,  that  it  is  become  a  rare  thing,  to  carry  one  man 
two  voyages.  (9.)  I  have  given  out  several  orders, 
for  the  Admirals  and  the  oldest  masters,  and  planters, 
to  survey  the  stages  and  cookrooms  etc.  to  know  what 
belong  to  shiproome,  and  what  was  boatroomer  and  their 
report  was  they  had  not  been  survey 'd  so  long,  that 
their  was  none  knew  one  from  another  etc.  (10.)  I  have 
made  it  my  particular  care  to  inform  myself  about  the 
Government ;  that  being  the  materiall  and  only  thing 
wanting  ;  'twould  give  a  new  life  and  spirit  to  everything 
etc.  On  the  foot  it  is  now  on  :  he  that  happens  to  be  the 
strongest  knows  everything  to  be  his  own  etc.  Very 
often  the  agressor,  absconds  runs  into  ye  woods  and 
flys  from  justice,  untill  H.M.  ships  are  gone,  and  then 
down  he  comes,  and  reigns  Lord  again.  This  has  been 
done  by  a  great  many,  but  especially  by  one  Forde 
which  had  a  power  left  him  by  a  Commander  of  one  of 
H.M.  ships  to  be  Governour  of  Petty  harbour  etc.  I 
have  seen  and  heard  so  very  much  of  this  that  I  faithfully 
beleive,  no  man  liveing  in  the  country  of  Newfoundland 
is  fit  to  govern  etc.,  for  this  set  of  people  that  live  here, 
are  those  that  cant  live  in  great  Brittain  or  anywhere 
else,  but  in  a  place  without  Goverment  etc.  Insists  on 
need  of  a  Civil  Governor  "  That  shan't  reside  at  one 
place,  but  have  a  sloop  to  visit  the  several  coves  etc." 


AMERICA    AND    WEST    INDIES. 


319 


1718. 


July  18. 
Whitehall. 


July  18. 

Whitehall. 


(11.)  I  have  not  heard  that  the  French  sell  goods  to 
the  prejudice  of  our  trade  where  I  have  been  :  there  are 
not  above  three  French  living  at  Placentia  and  they 
drive  no  manner  of  trade  there,  but  what  they  do  at 
St.  Peters,  and  the  Bay  of  Fortune,  I  know  not,  being 
places  I  have  not  been  at ;  doubtless  they  carry  their 
own  fishing  gear  out  with  them,  but  none  of  our  people 
have  any  corrispondance  with  them,  except  at  St. 
Peters  whither  our  ships  go  to  buy  their  fish.  etc. 
(12.)  I  never  heard  the  French  did  either  hunt  or  furr 
in  the  winter.  (13.)  I  could  not  find  that  the  officers 
or  soldiers  were  commanded  to  fish  or  that  they  did 
fish  or  concern  themselves  with  the  fishing,  or  boats, 
fishing  rooms  etc.  12 J  pp. 

626.  ii.  Scheme  of  the  Fishery  of  Newfoundland,  1717.     Fishing 

ships,  89  ;  sack  ships,  33  ;  ships  from  America,  44. 
Burthen  of  fishing  ships,  7530  tons.  Number  of  men 
belonging  to  the  ships,  2032.  Fishing  ships  boats,  320  ; 
by  boats,  29  ;  inhabitants'  boats,  402.  Number  of  by 
boats  men,  masters,  156  ;  servants,  943.  Quintals  of 
fish,  made  by  fishing  ships,  50,090  ;  by  byboats  and 
inhabitants  boats,  63,900  ;  carried  to  market,  92,680. 
Train,  made  by  fishing  ships,  164  tons  ;  by  byboats, 
20  tons  ;  by  inhabitants'  boats,  233  tons.  Number  of 
stages,  389.  Number  of  inhabitants,  men,  1863 ; 
women,  351  ;  children,  608.  1  p.  [(7.0.  194,  6.  Nos. 
50,  50  i.,  ii.  ;  and  (without  enclosure,  ii.)  195,  6.  pp. 
397-415.] 

627.  Council    of    Trade    and    Plantations    to    the    King. 
Representation  upon  3  Acts  of  New  Hampshire.     As  to  the 
first,  relating  to  ideots,  quote  opinion  of  Mr.  West,  "  one  of  your 
Ma j esty  's  Council  learned  in  the  Law  "  ( v .  1 1  th  July ) .     Continue : — 
We  cannot  conceive  the  said  Act  fit  for  your  Majesty's  Royal 
approbation,  but  humbly  propose  the  same  be  repealed.     In 
which  case  we  have  no  objection  against  the  Govr.  being  directed 
to  proceed  in  relation  to  ideots  and  lunaticks  in  the  manner  set 
forth  in  Mr.  West's  report  etc.     As  to  the  Act  providing  for 
posthumous  children,  tho  some  parts  thereof  may  be  very  reason- 
able and  just,  quote  Mr.  West  llth  July,  upon  the  whole,  we  are 
humbly  of  opinion,  that  the  said  Act  is  fit  to  be  rejected.     In 
relation  to  the  Act  against  High  Treason,  quote  Mr.  West  llth 
July  and  conclude,  Wherefore  we  are  most  humbly  of  opinion  that 
your  Majesty  should  disallow  the  said  Act.     [C.O.  5,  915.    pp. 
172-175.] 

628.  Council  of  Trade   and  Plantations  to  Mr.   Secretary 
Craggs.     Enclose  following  to  be  laid  before  H.M.  Annexed, 

628.  i.  Council  of  Trade  and  Plantations  to  the  King.  Reply 
to  Memorial  of  Danish  Envoy,  (v.  July  3rd.)  State 
claims  of  Denmark  to  Islands  of  St.  John  and  Crabb. 
Refer  to  Representation  of  9th  Aug.,  1717,  "  which  we 


320  COLONIAL    PAPERS. 

1718. 


think  the  Memorial  (3rd  July)  has  not  in  the  least 
answer 'd."  Continue  : — We  beg  leave  in  addition  there- 
unto to  observe  that  King  Charles  the  2nd  letter  to 
Col.  Stapleton  in  1672  could  not  possibly  have  any  such 
meaning  as  the  Memorial  wou'd  fix  upon  it,  because  the 
same  Col.  Stapleton  (afterwards  Sir  William)  writes  in 
1677,  to  the  Lords  of  the  Committee  for  Trade  and 
Plantations  that  the  Danes  had  then  no  other  Colony  but 
St.  Thomas  and  were  new  planters  there,  and  in  1682 
King  Charles  sent  orders  to  Sir  William  Stapleton,  not 
to  suffer  the  Danes  to  settle  on  any  of  the  Virgin  Islds. 
except  St.  Thomas  ;  Besides  it  do's  appear  by  the 
Memorial  that  the  Danes  do  not  pretend  to  date  their 
claim  to  the  other  Islands  earlier  than  1682.  It  appears 
by  our  said  Representation  that  the  Court  of  Denmark 
was  not  only  apprized  of  the  complaints  against  the 
Govr.  of  St.  Thomas,  but  likewise  so  well  satisfyed  of 
the  justice  of  them  as  to  recall  him  upon  that  account 
and  had  so  very  ill  an  opinion  of  the  said  Governour  that 
they  even  doubted  whether  he  would  resign  his  Govt. 
to  the  persons  appointed  by  his  Danish  Majesty  to 
succeed  him  to  which  we  can  further  add  that  we  find 
in  the  books  in  our  Office,  continual  complaints  from  all 
the  Govrs.  of  the  Leeward  Islands  successively,  from 
Colo.  Stapleton  to  the  present  time,  and  very  frequent 
Representations  from  this  Board  to  your  Majesty's 
Royal  predecessors,  of  the  many  and  great  mischiefs 
occasion'd  to  this  Kingdom  by  the  settlement  of  the 
Danes  at  St.  Thomas.  1st  By  their  encouraging  and 
protecting  py  rates.  2nd  By  supplying  the  French 
Plantations  in  time  of  war  with  Navall  Stores,  subsistance 
and  intelligence,  by  harbouring  their  privateers  and 
allowing  them  to  sell  their  prizes  at  St.  Thomas.  3rd  By 
giving  retreat  and  protection  to  runaway  servants, 
slaves  and  debtors  from  the  English  Plantations  and 
refusing  to  diliver  them  up,  when  demanded.  4th  By 
carrying  on  a  clandestine  and  illegall  trade  with  the 
British  Plantations  to  the  prejudice  of  your  Majesty's 
revenues  and  of  the  Trade  and  Navigation  of  this 
Kingdom.  We  beg  leave  to  observe  further  that  tho 
the  Danes  found  their  claim  of  right  to  the  Virgin  Islands, 
upon  the  pretence  that  they  first  took  possession  of  them 
yet  they  produce  no  proof  of  it,  but  only  the  bare 
assertion  of  a  Govr.  of  St.  Thomas  (v.  July  3rd)  that  he 
had  planted  the  King  of  Denmark's  standard  and 
establish 'd  his  Commission  upon  one  of  those  Islands, 
viz.  Crabb  Island  in  1682  ;  Whereas  it  is  notorious  that 
the  right  of  Sovereignty  over  all  the  Virgin  Islands  was 
lodged  in  the  Crown  of  England  long  before  that  time  ; 
those  Ilsds.  having  been  first  discover'd  by  the  English 
and  comprehended  in  a  grant  made  by  King  Charles  I. 
to  the  Earl  of  Carlisle  in  1627,  as  they  have  been 


AMERICA   AND    WEST    INDIES.  321 

1718. 

comprehended  in  the  severall  Commissns.  given  from 
that  time  to  this,  to  the  Governours  of  the  Leeward 
Islands.  It  is  no  less  well  known  that  some  of  the 
Virgin  Islands  were  very  early  settled  and  inhabited  by 
the  English,  and  that  the  rest  of  them  particularly 
Tor  tola,  St.  Johns  and  Crabbe  Islands  have  been 
subservient  to  the  English  Colony s  in  those  parts,  by 
supplying  them  with  timber,  and  by  affording  a  safe 
retreat  for  their  ships  in  stress  of  weather.  We  cannot 
but  think  it  pretty  remarkable  that  nothing  is  said  in  the 
Memorial,  in  vindication  of  the  King  of  Denmark's  title 
to  St.  Thomas,  since  the  clearing  up  this  point  seem'd  to 
be  a  very  proper  and  necessary  foundation  for  supporting 
the  Danish  pretentions  to  the  other  Islands,  besides 
that  we  had  given  occasion  for  it  by  taking  notice  in 
our  former  Representation  (which  this  Memorial  is  said 
to  answer)  that  your  Majesty's  present  Govr.  of  the 
Leeward  Islands  has  an  Instruction  as  his  predecessors 
for  many  years  have  had,  to  assert  your  Majesty's 
right  of  Sovereignty  over  all  the  Virgin  Islands  and  not 
to  suffer  the  Danes  or  any  other  foreigners  to  settle  on 
any  of  them,  except  St.  Thomas  and  if  the  Danes  should 
not  acquiesce  therein  to  give  them  to  understand  they 
have  no  title  to  St.  Thomas  itself.  We  cou'd  offer 
severall  other  considerations,  in  support  of  your 
Majesty's  right  to  those  Islands,  which  the  Danes  now 
lay  claim  to  ;  but  we  believe  that  what  we  have  already 
said  in  this,  and  our  former  Representations,  will 
sufficiently  show  how  groundless  their  claim  is  ;  The 
Danes  themselves  seem  to  have  been  so  conscious  of  it, 
that  without  waiting  for  an  answer  to  the  prayer  of  the 
Memorial  they  have  already  begun  to  make  a  settlement 
on  St.  Johns,  one  of  the  Islands  contended  for  in  the 
Memorial.  An  account  of  which  settlement  we  had  the 
honour  to  lay  before  your  Majesty  by  Mr.  Secretary 
Craggs,  and  your  Majesty  having  thereupon  been 
pleas 'd  to  command  us,  to  report  what  we  conceive  may 
be  proper  for  your  Majesty  to  do  therein  ;  We  beg  leave 
humbly  to  represent,  that  considering  your  Majesty's 
undoubted  right,  to  all  the  Virgin  Islands,  and  how  very 
prejudicial  the  settlement  of  the  Danes  at  St.  Thomas 
has  hitherto  been  to  your  Majesty's  subjects  in  those 
parts,  as  well  as  to  the  interest  of  this  Kingdom  in 
general,  and  that  this  evil  would  in  all  likelyhood 
increase  in  proportion  with  any  further  settlements  they 
might  make,  We  think  it  absolutely  necessary,  that 
neither  the  Danes  nor  any  other  foreigners  should  be 
allowed  to  settle  on  any  of  the  Virgin  Island[s],  excepting 
only  St.  Thomas  ;  And  since  the  Danes  have  thought 
fit  to  undertake  the  settlement  at  St.  Johns  in  opposition 
to  the  repeated  admonitions  of  your  Majesty's  Govr.  of 
the  Leeward  Islands,  pursuant  to  his  Instructions  from 

Wt.  441.  C.P.  21. 


322  COLONIAL    PAPERS. 

1718. 


your  Majesty,  we  are  humbly  of  opinion  that  no  time 
should  be  lost  in  asserting  your  Majesty's  right  to  the 
said  Islands  of  St.  Johns,  in  such  manner  as  to  your 
Majesty  shall  seem  most  proper  and  effectuall.  [(7.0. 
153,  13.  pp.  352-363.] 

July  21.         629.     Order  of  King  in  Council.     Appointment  of  John  Hugg 
Kensington,    to  the  Council  of  New  Jersey  is  confirmed.     Signed,  Ja.  Vernon. 

Endorsed,  Reed.  23rd,  Read  24th  Jan.,  17|f.     1|  pp.     [C.O.  5, 

971.     No.  78  ;  and  5,  995.     pp.  452,  453.] 

July  22.  630.  Warrant  from  the  Lords  Proprietors  of  Carolina  to  Col. 
Wm.  Rhett,  Receiver  General  of  South  Carolina,  to  pay  £100  to 
Charles  Hart,  Secretary  of  South  Carolina,  for  necessaries  for  his 
office.  Signed,  Carteret,  Palatin,  Ja.  Bertie  for  D.  of  Beaufort, 
Fulwar  Skipwith  for  L.  Craven,  Maurice  Ashley,  J.  Colleton, 
J.  Danson.  [C.O.  5,  290.  p.  114.] 

July  22.  631.  Lords  Proprietors  of  Carolina  to  the  Governor  and 
Council  of  South  Carolina.  In  obedience  to  H.M.  Order  in 
Council  14th  May,  1718,  we  do  repeal  and  hereby  declare  the  Act, 
laying  a  duty  of  £10  p.c.  upon  all  goods  of  British  manufactory 
imported  into  that  Province  from  Great  Britain  and  all  matters 
therein  contain'd  to  be  null  and  void  to  all  intents  and  purposes 
whatsoever.  We  having  also  taken  into  our  consideration,  an 
Act,  declaring  the  right  of  the  House  of  Commons  to  nominate  the 
publick  Receiver  etc.,  and  finding  the  said  Act  to  be  inconsistent 
with  the  safety  welfare  and  good  Governmt.  of  the  Province  of 
South  Carolina,  and  inconsistent  with  and  contrary  to  the  usage 
and  custom  of  Great  Britain,  do  declare  the  said  Act  to  be  null 
and  void  etc.  We  likewise  having  read  and  consider'd  two  Acts 
of  Assembly,  the  one  an  Act  to  keep  inviolate  and  preserve  the 
freedom  of  elections,  and  appoint  who  shall  be  deem'd  and  adjudg'd 
capable  of  choosing  and  being  chosen  members  of  the  Commons  House 
of  Assembly,  the  other  entituled  an  additional  and  explanatory 
Act  to  the  foregoing  Act,  and  finding  the  said  two  Acts  tend  to  the 
intire  alteration  and  subversion  of  the  Constitution  of  the 
Province  of  South  Carolina  and  are  contrary  to  the  laws  and 
customs  of  Parliament  in  Great  Britain,  we  therefore  do  declare 
the  said  two  last  mention'd  Acts  to  be  null  and  void  etc.  We 
have  read  also  two  other  Acts  of  Assembly,  to  appropriate,  the 
Yamasee  lands  to  the  use  of  such  persons  as  shall  come  into  and 
settle  themselves  in  this  Province  etc.,  and  an  Act  to  grant  several 
privileges,  exemptions  and  encouragements  to  such  of  H.M. 
Protestant  subjects  as  are  desirous  to  come  into  and  settle  in  this 
Province,  which  two  Acts  being  an  encroachment  upon  the 
property  of  us  the  Lords  Proprietors,  and  tend  only  to  the 
disposal  of  our  estates  to  which  the  Assembly  can  pretend  no 
manner  of  right,  we  therefore  do  declare  the  said  two  Acts  to  be 
null  and  void,  etc.  We  having  receiv'd  a  petition  from  Mr. 
Joseph  Boon,  Stephen  Godin,  Saml.  Barons  and  many  other 
merchants  of  London,  complaining  of  the  Indian  Trade  Act  as  a 


AMERICA  AND  WEST  INDIES.  323 

1718. 

monopoly,  vizt.  the  carrying  on  a  trade  by  a  Company,  exclusive 
of  all  others,  and  H.M.  having  been  graciously  pleas 'd  upon 
application  made  to  him  by  the  merchants  of  London,  to  repeal 
the  Laws  made  in  Virginia  to  the  same  effect,  we  the  Lord  Palatin 
and  the  rest  of  the  Lords  Proprietors  of  the  Province  of  South 
Carolina  do  think  it  -proper  to  repeal  and  make  void  the  said 
Indian  Trade  Act,  etc.  Signed  as  preceding.  [C.O.  5,  290.  pp. 
115-117.] 

July  22.  632.  Same  to  Same.  We  have  read  your  publick  letter  to  us, 
St.  James's.  an(j  have  according  to  your  desire  herewith  sent  you  the  resolution 
of  our  Board  held  the  3rd  March,  17|f ,  relating  to  the  proportion- 
ing of  the  lands  call'd  the  Yamasee  settlement,  wch.  we  require 
you  strictly  to  comply  with,  and  not  to  depart  from  that  order 
upon  any  pretence  whatsoever.  We  return  you  our  thanks  for 
the  care  you  have  taken,  in  relation  to  the  coin,  for  as  very  great 
inconveniences  and  confusion  must  arise  from  the  different  rates 
that  the  same  species  of  coin  did  pass  in  H.M.  several  Colonies 
and  Plantations,  so  that  being  once  duly  regulated  and  ascertain'd, 
it  must  not  only  be  beneficial  to  the  Trade  of  your  Province,  but 
tend  to  the  advantage  of  the  commerce  of  H.M.  subjects  in  all 
the  Plantations  in  America  ;  We  therefore  recommend  it  to  your 
further  care  and  consideration,  and  that  you  wou'd  observe  the 
pains  and  penalties  the  persons  are  liable  to,  who  break  the 
regulations  made  by  the  Act  of  the  sixth  of  Queen  Anne.  You 
can't  but  be  sensible  how  necessary  it  will  be  to  your  own  future 
security,  that  the  arms  and  ammunition  which  were  lately  sent 
over  for  the  use  of  the  publick  be  not  embezzel'd  or  apply'd  to 
other  uses  than  they  were  at  first  design'd  for,  We  therefore 
earnestly  desire  you  to  send  us  a  more  particular  account  of  them 
by  your  next  letter  to  us.  We  have  receiv'd  another  letter  from 
you,  dated  Dec.  2,  1717,  wherein  you  give  us  an  account  of  an 
Act  of  Assembly,  whereby  the  lower  House  pretend  a  right  to 
keep  the  gunpowder  and  magazines  of  the  province,  which  in 
effect  is  taking  the  military  power  out  of  the  hands  of  the  Govern- 
ment. We  have  therefore  repeal'd  and  made  void  that,  [?  and] 
some  other  Acts  of  Assemblies,  the  several  repeals  whereof,  we 
have  herewith  sent  you,  and  upon  the  receipt  of  this  letter,  we 
think  it  proper  for  you  to  dissolve  the  present  Assembly,  and  that 
you  forthwith  call  another  Assembly  according  to  the  ancient 
usage  and  custom  of  the  Province.  As  to  what  you  write  concern- 
ing an  Act  for  the  better  keeping  and  preserving  the  publick  arms  of 
the  Province,  we  do  not  perfectly  understand  what  you  mean  by 
that  paragraph,  and  desire  that  clause  and  the  custom  there 
mention'd  to  be  claim'd  by  the  lower  House  of  Assembly,  may  be 
more  particularly  explain'd.  We  are  very  well  pleas'd  to  find 
by  the  behaviour  of  the  House  of  Assembly  that  the  affairs  of  the 
Province  are  such  as  do  not  require  our  bounty  or  assistance, 
and  since  what  we  h&Ve  offer'd  has  not  been  accepted  by  the 
Assembly,  we  will  give  orders  that  our  donative  shall  be  apply'd 
to  such  publick  uses,  as  we,  upon  further  consideration  shall 
think  most  proper  and  convenient.  We  do  not  find,  upon 


324  COLONIAL  PAPERS. 

1718. 


enquiry  that  any  salaries  have  been  granted  or  allow'd  to  such 
Gentlemen  who  are  in  the  Council,  in  any  of  H.M.  Colonies,  in 
America,  and  our  Revenue  at  present  being  so  very  uncertain 
(nor  can  it  as  we  conceive  without  a  Rent  Roll  be  reduc'd  to  any 
certainty  and  regularly  collected)  we  think  it  very  improper  to 
lay  any  further,  or  greater  charge  upon  it ;  But  if  you  (Gentlemen) 
and  the  Assembly  cou'd  find  out  any  means,  whereby  the  charge 
of  the  Government,  as  in  other  H.M.  Colonies,  might  be  supported, 
and  the  attendance  and  expences  of  the  Council  and  Assembly 
might  be  made  more  easy  to  them,  we  shou'd  readily  give 
encouragement  to  and  comply  with  such  proceedings.  We  have 
according  to  your  request,  agreed  that  an  order  be  prepar'd  and 
sent  to  Coll.  Rhett  to  pay  Mr.  Secretary  Hart  etc.  ut  supra. 
Signed  as  preceding.  [C.O.  5,  290.  pp.  118-120.] 

July  23.  633.  Mr.  Popple  to  Governor  Hunter.  Acknowledges  letter 
Whitehall.  of  3r(j  May.  Continues  : — The  Acts  [of  New  York]  are  under 
consideration,  and  particularly  that  for  the  payment  of  the 
remainder  of  the  publick  debts.  The  Lords  Commissrs.  for 
Trade  and  Plantations  hope  you  will  be  able  speedily  to  give 
them  a  full  answer  to  all  the  allegations  in  the  petition  against 
it  (v.  7th  May).  It  being  for  H.M.  service  that  this  Board  be  at 
all  times  acquainted  with  the  absence  of  Councillors  from  their 
posts  in  the  Plantations,  their  Lordships  desire  that  whenever 
you  give  leave  to  any  member  of  H.M.  Council  in  your  Government 
to  be  absent  from  his  post,  such  leave  be  under  your  hand  and 
seal  and  that  you  forthwith  transmit  to  them  a  copy  of  such 
licence  of  leave,  as  also  an  account  when  such  Councillor  departed 
your  Governmt.,  and  to  what  place  he  is  gone.  Lest  you  should 
have  misunderstood  what  their  Lordships  writ  to  you  16th  May, 
17}  J  (sic),  I  am  to  observe  to  you  that  by  the  first  clause  of  the 
Act  of  Navigation  mentioned  in  the  3rd  Article  of  your  Instruc- 
tions, relating  to  the  Acts  of  Trade,  no  foreign  ships  are  to  be 
allow'd  to  trade  into  H.M.  Plantations.  But  their  Lordships  are 
of  opinion  that  British  ships  cannot  be  condemn'd  nor  their 
lading  confiscated  only  for  trading  to  or  from  foreign  Plantations  : 
provided  that  trade  be  not  carried  on  in  any  manner  contrary 
to  the  laws  of  this  Kingdom  or  of  New  York  whereby  the  ships  or 
ladings  might  be  lyable  to  be  confiscated.  However  their  Lord- 
ships think  you  will  do  well  to  observe  your  last  orders  so  far  as 
to  discourage  this  way  of  trading  which  is  contrary  to  the  Treaties 
of  Peace,  tho'  not  contrary  to  our  laws.  Since  the  writing  of 
this  I  have  receiv'd  your  letter  of  the  3rd  of  June  last,  and  have 
laid  it  before  ye  Board  together  with  your  letter  to  their  Lordships 
of  the  same  date  ;  upon  which  I'm  only  to  observe  that  the 
business  of  Mulford's  complaints  is  to  be  heard  before  the  Lords 
of  the  Committee  for  hearing  appeals  on  Thursday  the  31st  inst. 
at  which  time  the  papers  transmitted  by  you  will  be  made  use  of : 
Tho  I  have  not  received  from  Mr.  Philips  ye  last  you  mention  to 
have  transmitted  him.  However,  lie  send  for  them  that  nothing 
may  be  wanting  to  make  your  innocence  and  integrity  appear  : 
I  am  surprized  you  seem  to  complain  of  want  of  letters  from  me 


AMERICA   AND    WEST   INDIES. 


325 


1718. 


July  23. 

Whitehall. 


having  writ  to  you  by  almost  every  conveyance  and  delivered 
them  to  Mr.  Philips  to  be  sent  to  you.  This  ship  being  just  upon 
her  departure  I  have  not  time  to  make  duplicates  but  shall  do 
it  by  the  next.  The  Board  will  expect  the  Minutes  of  Council 
and  other  publick  papers  you  mention.  P.8.  In  the  mean  time 
you  have  here  inclos'd  a  list  of  such  publick  papers  that  are 
wanting.  It  is  not  the  business  of  Mulford  that  is  to  be  heard  as 
I  have  sd.  above  but  the  compt.  of  Cox  and  that  is  put  off  to  8th 
Aug.  [C.O.  5,  1124.  pp.  34-36;  and  (corrected  draft)  5,  1079. 
No.  104.] 

634.  Mr.  Popple  to  Governor  Hunter.    The  Council  of  Trade 
and  Plantations  are  very  glad  that  all  things  in  the  Jerseys  are 
so  easy  at  present  etc.     Refers  to  some  confusion  in  the  appoint- 
ment of  Councillors  ;  asks  for  list  and  reasons,  to  be  given  when 
leave  is  granted  to  Councillors,  and  reminds  him  of  the  necessity 
of  having  an  Agent  etc.    Repeats  preceding  instructions  as  to  leave 
of  Councillors  and  foreign  trade.     [C.O.  5,  995.    pp.  444-447.] 

July  23.  635.  Lt.  Governor  Doucett  to  the  Council  of  Trade  and 
Annapolis  Plantations.  Encloses  following  just  received  etc.  v.  20th  June. 
Signed,  John  Doucett.  Endorsed,  Reed.  19th  Dec.,  1718,  Read 
10th  Feb.,  17£f .  Holograph.  1  p.  Enclosed, 

635.  i.  Governor   St.    Ovide   de   Brouillan   to   Lt.    Governor 

Doucett.  Louisbourg,  21st  July  (N.S.),  1718.  Reply  to 
No.  565  iv.  I  w3l  .  neglect  nothing  to  maintain 
the  Peace,  etc.  (i.)  I  have  no  knowledge  of  this, 
(ii.)  As  to  Lassonde  and  other  French  inhabitants  being 
settled  on  the  Isles  of  Canceau,  these  islands  are  situated 
at  the  mouth  of  the  small  entrance  of  the  Gulph  of  St. 
Lawrence,  otherwise  called  the  River  of  Canada,  it 
clearly  appears  by  Articles  12  and  13  of  the  Peace  signed 
at  Utrecht,  that  this  place  up  to  the  River  Ste.  Marie 
ought  to  belong  to  the  King  my  Master,  since  it  is  this 
river  which  constitutes  the  old  boundary  of  which  mention 
is  made  etc.  Proposes  that  they  should  await  the  decision 
of  their  respective  Courts  etc.  Having  been  informed  that 
there  was  a  considerable  gathering  of  savages  at  Canceau, 
who  were  beginning  to  disturb  the  English  who  fish  there, 
I  went  there  and  held  an  assembly  of  the  chiefs  and  told 
them  that  they  ought  not  in  any  wise  to  interrupt  the 
union  between  the  English  and  ourselves,  but  allow  them 
to  pursue  their  trade  in  peace.  They  promised  accord- 
ingly, and  have  hitherto  kept  their  word  etc.  As  to 
your  complaints  about  the  inhabitants  of  Nova  Scotia, 
you  must  know  how  impossible  M.  de  Nikelson  and  other 
Governors  of  Nova  Scotia  made  it  for  them  to  fulfil  the 
agreement  that  was  made,  some  by  not  beftig  willing  to 
allow  them  to  carry  away  their  goods,  and  others  by  not 
allowing  us  to  send  them  tackle  for  the  little  boats  they 
had  built,  and  which  they  were  obliged  to  part  with  for 
almost  nothing  to  the  English  merchants.  I  will  not 


COLONIAL  PAPERS. 


1718. 


July  23. 

Whitehall. 


July  23. 

Whitehall. 


fail  to  inform  the  King  my  Master  of  all  you  mention, 
in  order  that  I  may  receive  his  instructions.  Requests 
return  of  deserters  who  have  fled  to  his  Government  etc. 
Signed,  St.  Ovide  de  Brouillan.  Copy.  French.  2  pp. 
[C.O.  217,  2.  Nos.  55,  55  i.  ;  and  (without  enclosure) 
218,  1.  p.  381.] 

636.  Mr.  Popple  to  Mr.  Lechmere,  Attorney  General.  The 
Council  of  Trade  and  Plantations  desire  your  opinion,  whether  by 
the  several  Acts  of  Trade  and  Navigation,  any  goods  not  of  the 
growth,  product,  and  manufacture  of  Europe  may  be  imported 
into  H.M.  Plantations  in  English  built  shipping  from  Ireland  or 
from  any  foreign  Plantation  or  from  any  other  place  whatsoever 
except  Great  Britain  only.  And  in  case  this  may  be  done,  from 
what  place  or  places,  and  in  respect  of  what  goods  it  is  allowable. 
[C.O.  324,  10.  p.  200.] 


637.    Mr.  Popple  to  Mr.  West. 
324,  10.    p.  200.] 


Similar  to  preceding.     [C.O. 


July  23.        638.     Copy  of  H.M.  Commission  to  Governor  Sir.  N.  Lawes, 
Westminster.  for  granting  pardon  to  pirates  (v.  July  25).     Endorsed,  Reed., 
Read  25th  July,  1718.     2  pp.     [C.O.  137,  13.     No.  13.] 


July  24. 

Whitehall. 


July  25. 

Whitehall. 


639.  Mr.   Secretary  Craggs  to  the   Council  of  Trade   and 
Plantations.     Commissions    for    pardoning    pirates    being    now 
passing  the  Seals,  they  are  to  be  transmitted  to  the  respective 
Governmts.   by  the  first  conveyance   etc.     Signed,  J.   Craggs. 
Endorsed,  Reed.,  Read  24th  July,   1718.     1  p.     [C.O.  323,  7. 
No.  131  ;  and  324,  10.    p.  203.] 

640.  Council  of  Trade  and  Plantations  to  Mr.   Secretary 
Craggs.     Having  perused  a  copy  of  H.M.  Commission  under  the 
Great  Seal,  whereby  the  sevl.  Govrs.  of  the  Plantations  are 
impowerd  to  pardon  such  pirates  as  shall  surrender  themselves 
within  the  time  prefix 'd  by  H.M.  late  Proclamation  ;  and  observing 
thereupon,  that  H.M.  has  of  his  own  meer  motion  been  pleasd  to 
extend  his  mercy  beyond  what  was  promised  in  the  said  Proclam- 
ation ;  we  thought  fit  in  our  circular  letters  to  ye  Governors, 
wherewith  we  transmit  to  them  the  said  Commissions,  pursuant 
to  H.M.  Orders  to  take  notice,  that  H.M.  did  promise  by  His 
Proclamation  to  pardon  such  piracies  only,  as  had  been  committed 
before  ye  5th  of  Janry.  last,  whereas  ye  present  Commissions  do 
impower  the  several  Governors  to  pardon  all  piracys  committed  at 
any  time  before  the  23rd  day  of  this  instant  July,     And  that 
H.M.  most  gracious  intentions  in  this  particular  might  be  the  more 
effectual ;  we  have  in  our  said  circular  letters  directed  the  sevl. 
Governors  to  publish  Proclamations  in  their  respective  Govern- 
ments to  notify  H.M.  pleasure  herein.     But  notwithstanding  this 
direction,  we  wou'd  submit  it  to  His  Majty's.   consideration 
whether  it  wou'd  not  still  be  necessary,  that  H.M.  shou'd  likewise 


AMERICA    AND    WEST    INDIES. 


327 


1718. 


July  25. 


July  25. 

Whitehall. 


July  25. 

Whitehall. 


July  25. 

Whitehall. 


Aug.  5. 

Whitehall. 


issue  his  own  Royal  Proclamation  to  the  same  effect.     [C.O.  324 
10.     pp.  204,205.] 

641.  Receipt  for  Governor  Sir  N.  Lawes  Commission   for 
pardoning  pirates  (23rd  July).     Signed,  John  Symms,  Clerk  to 
Ham.  Morice.     f  p.     [C.O.  137,  13.     No.  12.] 

642.  Council  of  Trade  and  Plantations  to  Governor  Sir  N. 
Lawes.     Enclose   Commission   (v.  July   23rd).    Whereupon  we 
must  observe  to  you  that  H.M.  has  been  pleas'd  to  extend  his 
mercy,  even  beyond  what  was  promised  by  H.M.  late  Proclamation 
whereby  such  piracies  only  were  to  be  pardon'd  as  had  been 
committed  before  ye  fifth  day  of  January,  1717,  but  by  this 
Commission  you  are  direct'd  to  pardon  all  piracys  committ'd 
before  the  23rd  day  of  July,  being  the  date  of  the  said  Letters 
Patents.     To  the  end  therefore  that  H.M.  most  gracious  intention 
may  have  ye  fuller  effect,  we  desire  you  would  immeadiatly  upon 
receipt  hereof  publish  a  Proclamation  throughout  your  Govern- 
ment to  give  notice  of  H.M.  Royal  pleasure  in  this  particular. 
[C.O.  138,  16.    pp.  119,  120.] 

643.  Mr.  Secretary  Craggs  to  Governor  Sir  N.  Lawes.    I  send 
you  inclosed  by  H.M.  command  a  copy  of  a  Memorial  presented 
to  the  French  Secretary  here,  relating  to  the  ship  UAimable  Marie 
belonging  to  Messrs.  Bonfils  of  Rochelle,  which  had  been  taken  by 
some  vessels  of  Jamaica  ;  and  I  am  to  acquaint  you  that  this 
complaint  having  by  H.M.  order  been  considered  by  the  Lds. 
Commrs.  for  Trade  and  Plantations,  a  copy  of  whose  report  is 
also  here  inclosed,  H.M.  has  commanded  me  to  signify  His 
pleasure  to  you,  that  you  do  not  only  prosecute  the  Commanders 
and  Mariners  of  any  ships  or  vessels  concerned  in  the  capture  of 
the  said  ship  UAimable  Marie,  but  that  you  do  also  put  the  bonds 
given  by  the  sureties  in  execution,  whereby  reparation  may  be 
made    to   the    sufferers.      Signed,  J.   Craggs.      [C.O.    324,  33. 
p.  180.] 

644.  Mr.  Secretary  Craggs  to  the  Governor  of  the  Leeward 
Islands.     It  having  been  represented  to  the  King,  on  the  part  of 
Mr.  Buor  late  an  Officer  in  H.M.  service,  that  some  persons,  taking 
advantage  from  the  said  Buor's  having  been  removed  from  his 
command,   are   encouraged   to   distress   him   in   his   domestick 
affairs  in  America  :  I  am  to  signify  to  you  H.M.  commands  that 
the  said  Buor  be  protected  in  the  prosecution  of  all  legal  claims 
within  your  Government,  to  the  end  that  H.M.  displeasure  against 
him  on  a  publick  account  may  have  no  influence  on  the  course  of 
Justice  with  regard  to  his  private  property  and  possessions. 
Signed,  J.  Craggs.     [C.O.  324,  33.    p.  181.] 

645.  Mr.  Secretary  Craggs  to  the  Board  of  Ordnance.     H.M. 
has  been  pleased  to  approve  your  report  of  10th  Sept.  relating  to 
the  building  of  forts  etc.   in  Nova    Scotia  and  Placentia,  and 
accordingly  you  are  to  advance  £200  to  Govr.  Phillips,  and  send 


328 


COLONIAL    PAPERS. 


1718. 


Aug.  6. 

Kensington. 


Aug.  6. 

Kensington. 


Aug.  7. 

Whitehall. 


from  hence  nails   and   tools  for   the  purposes  mentioned  etc. 
Signed,  J.  Craggs.     Copy.     I  p.     [C.O.  137,  46.     No.  32.] 

646.  H.M.  Warrant  continuing  licence  of  absence  to  John 
Cornelius,   Naval   Officer  of  Barbadoes,   for  two   years   more. 
Countersigned,  J.  Craggs.     Copy.     [C.O.  324,  33.    pp.  182,  183.] 

647.  H.M.  Warrant  granting  leave  of  absence  to  William 
Thomas,  of  the  Council  of  Antegoa,  for  one  year  longer  for  the 
recovery  of  his  health.     Copy.     [C.O.  324,  33.    pp.  184,  185.] 

648.  Mr.  Popple  to  Mr.  Carkesse.     Enquires  if  Keys  and  the 
accounts  referred  to  bv  Governor  Shute,  26th  June,  have  arrived 
etc.     [C.O.  5,  915.    ^179.] 


[Aug.  7.]  649.  William  Nuvine  to  the  Council  of  Trade  and  Plantations. 
In  behalf  of  Arthur  Freeman  and  Dorothy  his  wife  petitions  for 
speedy  report  upon  Act  of  Antigua  to  enable  Arthur  Freeman  etc. 
Endorsed,  Reed.,  Read  7th  Aug.,  1718.  1  p.  [C.O.  152,  12. 
No.  110.] 


Aug.  7. 

New  York. 


650 .  Governor  Hunter  to  the  Council  of  Trade  and  Plantations . 
Encloses  duplicates  of  1th  July.  Continues  : — -Your  Lordships 
have  also  an  account  of  the  Revenue  of  the  Jerseys  since  my 
administration.  But  there  is  no  Auditor  for  that  Province. 
As  also  such  an  account  as  I  could  at  this  time  procure  of  the 
Revenue  of  this  Province.  But  the  Treasurer  absolutely  refuses 
to  have  the  accounts  audited  by  the  Deputy  Auditor  here,  being 
by  the  acts  made  accountable  to  the  Governour,  Councill  and 
Assembly  which  is  the  method  of  audit  in  both  Provinces.  I  told 
him  in  Council  that  whatever  obligation  he  was  laid  under  by  the 
acts  of  Assembly  they  could  never  be  supposed  to  dissolve  the 
obligation  he  lay  under  to  account  to  the  King  for  money  granted 
to  him  in  the  manner  he  should  please  to  prescribe.  But  Mr. 
Clarke  the  Deputy  Auditor  has  given  a  more  full  account  to  the 
Auditor  General  of  that  matter  than  I  can  doe.  I  judged  that  the 
Representation  to  her  late  Majesty  from  the  Governour,  Councill 
and  Assembly  in  Lord  Cornbury's  time  might  give  your  Lordships 
some  further  information  of  the  causes  of  the  continuation  of  the 
old  currency  of  silver  in  these  Provinces  and  have  for  that  reason 
herewith  transmitted  it.  The  account  of  the  patents  for  lands  is 
not  so  perfect  as  to  be  fitt  to  be  sent  by  this  ship  which  goes  to 
Bristoll,  but  by  one  bound  speedily  for  London  it  shall  be  sent. 
There  was  little  land  left  in  this  Province  for  me  to  grant  except 
that  resumed  from  Captain  Evans  and  of  that  there  remained 
little  besides  the  high-lands  which  can  be  put  to  no  manner  of  use 
but  furnishing  firewood.  The  former  Governours  and  Coll. 
Ingoldsby  in  his  short  time  haveing  granted  away  all  tha,t  was  of 
any  value  in  that  tract.  The  reservation  of  quit  rent  is  always 
conformeable  to  the  Instructions  etc.  Could  we  extend  our 
frontiers  there  would  be  land  enough.  By  last  post  from  Boston 
I  have  a  letter  from  London  informing  me  that  one  Mr.  Baker 


AMERICA    AND    WEST    INDIES.  329 

1718. 

a  merchant  there  has  had  a  sum  of  money  remitted  him  from  hence 
to  enable  him  to  oppose  some  or  all  our  money  bills  at  home.  If 
we  may  guesse  at  his  employers  by  his  correspondents  they  are 
the  same  persons  who  have  dureing  all  my  time  strenuously 
opposed  all  publick  settlement  and  support  of  Government,  and 
if  I  had  not  had  the  good  luck  to  have  them  left  out  in  the  last 
elections  for  City  members  there  never  had  been  any  such  settle- 
ment, and  I  am  afraid  if  ever  they  get  themselves  chosen  again 
there  will  be  no  further.  This  I  beg  may  induce  your  Lordships 
not  to  give  an  easy  ear  to  the  suggestions  of  such  men  but  to  lett 
the  people  here  have  an  opportunity  to  answer  for  themselves  in 
a  matter  which  affects  their  very  being  or  at  least  their  being 
happy.  Your  Lordships  cannot  but  observe  the  vast  increase  of 
trade  and  shipping  here  which  is  the  true  cause  of  the  unaccount- 
able rage  of  some  of  these  men  who  formerly  monopolized  what  is 
now  become  so  diffusive.  Our  money  bills  are  equal  to  silver 
over  the  greatest  part  of  the  English  Continent  and  30  per  cent, 
better  than  the  Country  bills  upon  the  Change  at  Boston  it  self, 
Our  credit  better  than  any  of  our  Neighbours,  a  more  universal 
unfeign'd  duty  and  firm  affection  to  H.M.  and  the  present  happy 
settlement  then  is  perhaps  to  be  found  in  any  one  part  of  his 
Dominions,  all  which  may  be  endanger'd  by  the  ruinous  ends 
which  these  men  are  pursueing.  Whilst  the  last  Debt  bill  was 
prepareing  in  the  Assembly  the  Chief  of  these  men  being  by  chance 
or  design  at  that  time  one  of  the  Grand  jury  for  the  City  pers waded 
the  rest  to  sign  an  adress  to  me  against  the  passing  of  that  bill 
when  it  was  presented  I  gave  for  answer  that  the  bill  was  not  yet 
before  me  but  I  should  lay  their  Representation  before  the  Council 
and  Assembly  whom  it  more  immediatly  concerned,  which  accord- 
ingly I  did.  The  Assembly  sent  for  them  in  custodie  and  justly 
reprimanded  them  for  their  fault.  Experience  has  show'n  that 
the  suggestions  in  that  Address  are  groundless  and  false.  I  doubt 
not  but  Mr.  Baker  has  laid  it  before  your  Lordships  for  I  am 
informed  that  he  has  laid  it  on  the  tables  of  most  Coffeehouses 
in  the  City.  If  your  Lordships  would  but  be  pleas'd  to  look  back 
into  the  affairs  of  this  Province  dureing  my  time  and  take  a  view 
of  the  difficultys  I  have  had  to  struggle  with  occasion 'd  in  a  great 
measure  by  these  very  men,  and  the  good  luck  or  art  I  have  had  to 
get  the  better  of  them,  and  compare  the  former  confusion  with 
the  present  happy  tranquillity  I  am  confident  your  goodnesse 
will  induce  you  to  make  some  allowance  for  failures  of  small 
consequence  if  any  there  be,  and  to  continue  your  protection 
and  patronage  to  .me  against  the  rage  of  a  small  number  of 
restless  men  who  have  nothing  in  view  but  their  own  private 
interests  or  the  gratifying  their  resentment  etc.  P.S.  The  Acts 
last  past  are  not  yet  ingrossed.  8ignedy  Ro.  Hunter.  Endorsed, 
Reed.  8th  Oct.,  1718,  Read  23rd  April,  1719.  4  pp.  Enclosed, 
650.  i.  Account  of  families  of  Germans  settled  on  Hudson's 
River.  394  families  =  1601,  not  including  widows  and 
orphans.  Signed,  Joshua  Kocherthal,  John  Fred. 
Hager  (?).  Same  endorsement.  1  p. 
660.  ii.  Account  of  the  Revenue  of  New  York  July  1715-Aug. 


330  COLONIAL    PAPERS. 

1718. 

1718.  Receipts:  £19,898  15s. 7£d.  Expenditure:  £17,683 
15s.  5|d.  Signed,  A.  D.  Peyster,  New  Yorke,  7th  Aug., 
1718.  Same  endorsement.  2pp. 

650.  iii.  Address  of  the  Governor  Lord  Cornbury,  Councill  and 
Assembly  of  New  York  to  the  Queen,  petitioning  against 
the  Act  for  ascertaining  the  rates  of  foreign  coins  etc. 
(v>  C.S.P.  1708-9.  No.  157  i).  Same  endorsement. 
Copy.  3  pp.  [C.O.  5,  1051.  Nos.  84,  84  i.  ;  and 
(without  enclosures)  5,  1124.  pp.  72-76.] 

[Aug.  7.]  651 .  Account  of  Revenue  of  New  Jersey,  23rd  June  1710-23rd 
Sept.,  1718.  Totals  :  Receipts,  £9951  4s.  3d.  Expenditure,  £9220 
2s.  6d.  Signed,  Thomas  Gordon,  Receiver  General.  Endorsed, 
Reed,  (with  preceding)  8th  Oct.,  1718,  Read  23rd  April,  1719. 
2pp.  [C.O.  5,  971.  No.  80.] 

Aug.  8.         652.     Council  of  Trade  and  Plantations  to  Governor  Hamilton. 

Whitehall.  Acknowledge  letters  of  10th  April  and  6th  May.  Continue  : — We 
have  laid  before  his  Majesty  what  you  write  in  relation  to  the 
settlement  the  Danes  had  begun  to  make  at  St.  Johns,  and  suppose 
you  will  soon  know  H.M.  pleasure  thereupon.  In  the  mean  time 
we  send  you  the  inclosed  copy  of  a  Memorial  lately  presented  by 
the  Danish  Envoy  (v.  3rd  July),  not  only  for  your  information  but 
that  you  may  transmit  to  us  such  observations  upon  it  as  may  be 
of  use  hereafter.  And  particularly  that  you  may  send  us  the  best 
information  you  can  of  the  time,  when  the  Danes  first  settled 
St.  Thomas,  whether  any  opposition  was  then  made  to  it  ?  And 
upon  what  account  it  was  they  were  suffer 'd  to  make  such  settle- 
ment. Whether  it  was  by  connivance  or  permission  ?  We 
desire  also  to  know  as  soon  as  possible  whether  you  have  yet 
received  any  satisfactory  answer  from  the  Governour  of  Porto 
Rico  to  the  demand  you  made  in  behalf  of  H.M.  subjects  that  were 
carried  off  Crabb  Island.  We  have  had  under  consideration  an 
Act  pass'd  at  Mountserrat  the  27th  of  April  last,  for  quieting 
possessions  etc.,  which  by  the  inclosed  report  of  Mr.  West,  one  of 
H.M.  Council  at  Law,  is  not  fit  for  H.M.  approbation  (v.  21th  May). 
But  as  the  Act  may  be  of  use  for  quieting  the  possessions  of 
severall  persons  in  that  Island,  we  shall  let  it  lye  by,  till  the  Assembly 
shall  have  had  an  opportunity  of  passing  another  not  liable  to 
those  objections.  Upon  further  consideration  of  the  Act  passed 
at  Antigua,  to  prohibit  the  importation  of  foreign  sugar  etc.,  we 
have  thought  necessary  to  lay  the  same  before  H.M.  for  his 
disallowance.  We  should  be  glad  to  know  from  you  whether  the 
soil  of  foreign  Colonies  where  sugar  canes  are  planted  be  more 
valuable  than  that  of  H.M.  Islands  under  your  Government  and 
particularly  whether  the  lands  of  Guardaloupe  or  Martinique  be 
preferable  to  the  lands  in  the  late  French  part  of  St.  Christophers  ? 
But  as  there  are  likewise  many  other  matters  of  consequence  to 
H.M.  service,  whereof  we  should  be  punctually  informed  according 
to  your  Instructions,  we  have  reduced  the  same  into  certain  queries 
(enclosed),  to  which  we  desire  to  have  an  answer  as  soon  as 
conveniently  may  be,  and  that  for  the  future  you  will  transmit  an 


AMERICA    AND    WEST    INDIES.  331 

1718. 

annual  account  to  the  Board  which  may  answer  the  aforesd. 
queries.     Annexed, 

652.  i.  Queries  to  Genl.  Hamilton,     (i.)  Number  of  inhabitants, 

freemen,  women  and  children,  servants,  white  and  black, 
in  each  of  the  several  Islands  under  your  Government  ? 
(ii.)  To  what  degree  are  those  numbers  encreased  or 
decreased  since  the  last  estimate  ?  (iii.)  Whether  any 
of  the  inhabitants  have  removed,  and  what  you  conceive 
most  proper  to  prevent  such  removal  ?  (iv.)  What 
trade  is  there  with  any  other  place  besides  this  Kingdom, 
and  from  whence  are  the  said  Islands  furnish'd  with 
supplies  (particularly  of  any  manufactures)  that  they 
were  wont  to  have  from  Great  Britain  ?  (v.)  How  is 
the  trade  of  the  said  Islands  encreased  or  decayed  of 
late  years,  and  the  reason  ?  (vi.)  What  are  the  present 
methods  us'd  to  prevent  illegall  trade  ?  and  what  further 
methods  do  you  think  adviseable  for  that  purpose  ? 
(vii.)  What  number  of  ships  etc.  are  there  belonging  to 
the  said  Islands,  where  built,  and  what  number  of 
seafaring  men  ?  (viii.)  What  manufactures  are  settled 
in  the  said  Islands  ?  (ix.)  What  is  reckon'd  to  be  the 
annual  produce  one  year  with  another  of  the  severall 
commodities  in  each  of  the  said  Islands  ?  (x.)  What 
trade  have  they  with  any  foreign  Plantations  ?  How  is 
that  trade  carried  on  ?  What  commodities  do  they 
send  to,  or  receive  from  foreign  Plantations  ?  We 
further  desire  that  you  would  send  us  the  best  accounts 
you  can  possibily  get  concerning  the  foreign  Plantations 
in  your  neighbourhood  ;  at  what  times  and  by  what 
means  they  were  first  possessed  ?  What  is  the  number 
of  the  inhabitants  and  of  the  Militia  or  what  other 
military  force  is  in  each  of  these  Plantations  ?  What 
are  the  severall  commodities  produced  in  them  ?  and 
how  much  is  the  annual  produce  one  year  with  another 
of  such  commodities  ?  What  trade  is  carried  on  to  and 
from  these  Plantations  ?  What  form  of  Government  is 
establish'd  in  them  and  what  methods  are  used  to 
encourage  and  improve  the  products  and  the  trade 
thereof  ?  [C.O.  153,  13.  pp.  352-373.] 

Aug.  11.        653.     Governor  Hunter  to  the  Council  of  Trade  and  Plantations. 

N.York.      Encloses  following.     Signed,  Ro.  Hunter.     Endorsed,  Reed.  8th 

Oct.,  1718,  Read  23rd  April,  1719.     Holograph.     1  p.     Enclosed, 

653.  i.  Account  of  grants  of  lands  in  New  York  made  during 

Governor  Hunter's  administration.  Same  endorsement. 
Torn.  3  pp.  [C.O.  5,  1051.  Nos.  85,  85  i.  ;  and 
(without  enclosure)  5,  1124.  p.  77.] 

Aug.  12.         654.     H.M.  Warrant  granting  licence  of  absence  to  Valentine 
Kensington.   Morris,  Lt.  Col.  of  the  Regiment  of  Foot  in  the  Leewards  Islands, 

for  one  year  as  a  Member  of  the  Council  there  etc.     Countersigned , 

J.  Craggs.     [C.O.  324,  33.    pp.  183,  184.] 


332 


COLONIAL    PAPERS. 


1718. 

Aug.  12.        655.     Sir  H.  Penrice  to  Mr.  Popple.     Explains  that,  owing  to 
?Aaf.l'   absence  from  London,  he  cannot  attend  the  Board  as  requested, 
7th  Aug.  etc.      Signed,  H.  Penrice.     Endorsed,  Reed.  13th,  Read 
14th  Aug.,  1718.     1  p.     [C.O.  5,  867.     No.  5.] 


Hertfordshire. 


Aug.  14. 

Whitehall. 


Aug.  14, 

Virginia. 


656.  Mr.  Popple  to  Sir  Henry  Penrice.     Reply  to  12th  Any. 
The  occasion  of  the  Lords  Commissrs'.  desiring  to  speak  with  you, 
arose  from  a  letter  from  Governor  Shute  (v.  26th  June),  wherein 
he  says  that  he  had  tryed  some  pirates,  which  must  have  been  by 
virtue  of  a  Commission  issued  for  that  purpose  by  the  late  Queen 
directed  to  Col.  Dudley  or  the  Govr.  of  fche  Massachusetts  Bay  for 
the  time  being,  and  adds  that  he  had  the  opinion  of  the  Judge  of 
the  Court  of  Admiralty  at  home  thereupon,  which  their  Lordps. 
do  believe  may  be  a  mistake,  because  Sir  E.  Northey  was  of  opinion 
that  all  the  Commissions  sent  to  the  several  Governors  in  the 
Plantations  impowering  them  to  try  pirates  in  King  William's 
time,  determined  by  his  demise,  and  advised  the  same  should  be 
renewed  upon  the  late  Queen's  accession  to  the  Throne,  and  they 
were  renewed  accordingly  ;  However  their  Lordps.  desire  that  you 
would  please  to  let  them  know  what  questions  Col.  Shute  did 
propose  to  you  on  this  subject,  if  you  can  recollect  the  same.     [C.O. 
5,  915.     pp.  180,181.] 

657.  Lt.  Governor  Spotswood  to  the  Council  of  Trade  and 
Plantations.     Abstract.     Encloses  Journals  and  Acts  of  the  last 
Session.     Observations  upon  the  Acts  for  settling  fees  and  for 
granting  £1000  for  maintaining  scholars  at  the  College  of  William 
and  Mary,  and  some  private  Acts.     Continues  : — There  were  two 
others  offerred  for  my  assent  etc.,  viz.     An  Act  for  dividing 
Westopher  Parish  and  an  Act  for  the  better  securing  the  payment 
of  levys.     The  first  framed  upon  the  representation  of  a  part  of 
that  parish  against  the  declared  sentiments  of  the  greater  number 
of  the  parishioners,  and  has  so  much  of  a  party  spirit  in  it,  that 
it  seems  for  that  very  reason  it  pass'd  the  Council  so  easily  now, 
when  another  Bill  verbatim  the  same  was  unanimously  rejected 
by  them  last  Session  as  unjust.     The  last,  having  been  trans- 
formed into  various  shapes  by  both  Houses,  is  at  last  so  ill  liked 
by  many  who  voted  for  it,  that  I  judged  it  not  amiss  to  give  them 
time  to  consider  farther  of  it,  in  their  next  Session,  etc.    He 
expected  that  the  Council  would  have  promoted  the  renewing  the 
Treaty  with  the  Five  Nations,  but  they  delivered  their  opinion, 
that  no  measures  should  be  taken  with  those  Indians  untill  they 
should  break  into  open  hostility s.     He  therefore  proposed  to 
prorogue-  the  Assembly  by  Proclamation,  but  the  Council  being 
of  opinion  that  an  adjourned  Assembly  could  not  be  prorogued 
without  a  meeting,  he  let  them  meet  and  adjourns  them  by  short 
prorogations,  to  have  them  ready  in  case  of  any  disturbances  by 
the  Indians,  "  that  they  may  be  in  a  readiness  to  apply  a  remedy 
to  an  evil,  which  they  cannot  be  perswaded  to  prevent."     Submits 
this  question  of  proroguing  Assemblies  under  adjournment  to 
the  Board's  determination.     "  If  the  Parliamentary  custom  of 
Great  Britain,  is  to  be  followed  here  in  cases  of  adjournment,  thp 


AMERICA    AND    WEST    INDIES.  333 

1718. 

same  may  as  well  be  urged  as  a  precedent  to  restrain  a  Governor 
from  proroguing  the  Assembly  at  all  without  a  meeting  of  the 
Members  :  and  how  great  a  burthen  that  would  bring  upon  a 
country  which  pays  so  largely,  as  this  does,  both  for  the  attendance 
and  travelling  expences  of  their  Burgesses,  is  very  obvious  "  etc. 
Refers  to  Minutes 'of  Council  concerning  the  behaviour  of  the 
Council  to  himself.  They  distinguish  between  the  opinions  they 
give  as  Virginians  and  as  Counsellors  to  the  King.  "  This  is  the 
very  ground-work  of  our  discord  ;  for  while  I  perceive  the  Creolean 
is  uppermost  in  all  their  judgments,  I  cannot  but  take  them  for 
unfaithful  Councelors  ;  and  while  they  prove  me  to  be  staunch  for 
H.M.  rights,  they  will  think  me  a  Governor  not  for  their  purpose, 
and  for  that  reason  strive  to  blast  my  credit  "  etc.  Refers  to  a 
new  contest,  "  which  Mr.  Ludwell  and  Mr.  Commissary  Blair 
have  begun  to  set  on  foot,  which  is  to  dispute  with  the  Crown 
the  right  of  supplying  the  Churches  of  Virginia  with  Ministers  ; 
for  I  having  lately  preferred  to  a  better  benefice,  the  incumbent 
of  a  Parish  where  Mr.  Ludwell  and  Mr.  Blair's  brother  are  Vestry- 
men, they  invited  a  Minister  from  another  living,  and  fix'd  him 
in  their  Parish  by  a  vote  of  their  Vestry  etc.  I  laid  this  matter 
before  the  Council  30th  July,  where  Mr.  Ludwell  and  Mr.  Blair 
strenuously  opposed  the  powers  granted  H.M.,  urging  the  practice 
of  the  Country  in  placing  and  displacing  their  Ministers,  to  be  of 
more  force  etc.  This  pretended  right  of  patronage,  has  no  other 
foundation  than  a  clause  in  an  Act  made  in  1662  entituled, 
Ministers  to  be  inducted , "  etc .  Desires  Attorney  General 's  opinion 
on  this  case.  Refers  to  enclosures.  The  Proclamation  prohibiting 
the  unlawfull  concourse  of  persons  who  have  been  guilty  of  piracy 
was  occasioned  by  the  great  resort  to  this  Colony,  of  certain 
pyrates  who  being  cast  away  in  North  Carolina,  surrendered  there 
upon  H.M.  Proclamation  ;  but  as  there's  no  great  faith  to  be  given 
to  the  forc'd  submission  of  men  of  those  principles,  it  seem'd 
necessary  in  a  country  so  thinly  inhabited  as  this  is,  to  restrain 
their  carrying  arms,  or  associating  in  too  great  numbers,  lest 
they  should  seize  upon  some  vessell  and  betake  themselves  again 
to  their  old  trade  as  soon  as  their  money  was  spent.  There  are 
yet  diverse  pyrats  on  this  coast,  but  the  men  of  war  cruising  about 
our  Capes,  has  prevented  their  taking  any  of  our  inward  or  out- 
ward bound  ships,  etc.  Refers  to  enclosed  account  of  grants  of 
lands  etc.  Continues : — The  Memorial  mention 'd  in  your  Lordps.' 
letter  concerning  the  French  settlement  at  Louisiana  was  ommitted 
to  be  sent,  etc.  I  have  often  regretted  that  after  so  many  years 
as  these  countrys  have  been  seated,  no  attempts  have  been  made 
to  discover  the  sources  of  our  rivers,  nor  to  establish  any  corres- 
pondence with  those  Nations  of  Indians  to  the  Westward  of  us, 
even  after  the  certain  knowledge  of  the  progress  made  by  the 
French  in  surrounding  us  with  their  settlements  :  The  cheif  aim 
of  my  expedition  over  the  great  mountains  in  1716  was  to  satisfy 
myself  whether  it  was  practicable  that  way  to  come  at  the  Lakes. 
Having  on  that  occasion  found  an  easy  passage  over  that  great 
ridge  of  mountains,  wch.  before  were  judged  unpassable,  I  also 
discovered  by  the  relation  of  Indians  who  frequent  those  parts, 


334  COLONIAL    PAPERS. 

1718. 

that  from  the  Pass,  where  I  was,  it  is  but  three  days  march  to  a 
great  Nation  of  Indians  living  on  a  river  which  discharges  itself 
in  the  Lake  Erie  etc.  Describes  route  of  the  French  from  Montreal 
to  Mouville,  their  chief  town  in  their  new  settlement  of  Louisiana. 
Continues  : — By  this  communication,  and  the  forts  they  have 
already  built,  the  British  Plantations  are  in  a  manner  surrounded. 
By  their  commerce  with  the  numerous  Nations  of  Indians  seated 
on  both  sides  of  the  Lakes,  they  may  not  only  engross  the  whole 
skin  trade,  but  may  when  they  please,  send  out  such  bodys  of 
Indians  on  the  back  of  these  Plantations,  as  may  greatly  distress 
H.M.  subjects  here  :  and  should  they  multiply  their  settlements 
along  these  Lakes  so  as  to  join  their  dominions  of  Canada  to  their 
new  Colony  of  Louisiana,  they  might  even  possess  themselves  of 
any  of  these  Plantations  they  pleased.  Nature  tis  true  has 
formed  a  barrier  for  us,  by  that  long  chain  of  mountains  which 
run  from  the  back  of  South  Carolina  as  far  as  New  York,  and  which 
are  only  passable  in  some  few  places  :  but  even  that  natural 
defence  may  prove  rather  destructive  to  us,  if  the  passes  are  not 
possess 'd  by  us,  before  they  are  known  to  them.  To  prevent  the 
dangers  which  threaten  H.M.  Dominions  here  from  the  growing 
power  of  these  neighbours,  nothing  seems  to  me  of  more  conse- 
quence than  that  now  while  the  Nations  are  at  peace,  and  while 
the  French  are  yet  uncapable  of  possessing  all  that  vast  tract 
which  lyes  on  the  back  of  these  Provinces,  we  should  attempt 
some  settlements  on  the  Lakes,  and  at  the  same  time  possess  our- 
selves of  those  passes  of  the  Great  Mountains  which  are  necessary 
to  preserve  a  communication  with  such  settlements.  As  the 
Lake  Erie  lyes  almost  in  the  center  of  the  French  communication, 
and  (as  I  observed  before)  not  above  five  days  march  from  the 
late  discovered  passage  of  our  Great  Mountains  ;  that  seems  the 
most  proper  for  forming  a  settlement  on.  By  which  we  shal  not 
only  share  with  the  French  in  the  commerce  and  friendship  of  the 
Indians  on  the  banks  of  the  Lakes  ;  but  may  be  able  to  cutt  or 
disturb  the  communication  between  Canada  and  Louisiana,  if  a 
war  should  happen  to  break  out.  If  such  a  settlement  were  once 
made,  I  can't  see  how  the  French  could  dispute  the  right,  seeing 
in  lands  uninhabited,  the  Law  of  Nations  vests  a  title  in  the  first 
occupant ;  and  should  they  think  fitt  to  attempt  disposessing  us 
by  force,  we  are  nearer  to  support,  than  they  to  attack.  As  this 
country  is  the  nearest  of  any  other  to  furnish  out  and  supply  such  a 
settlement,  and  as  I  flatter  myself,  that  I  have  attain'd  a  more 
exact  knowledge  than  any  other  Englishman  yet  hath,  of  the 
scituation  of  the  Lakes,  and  the  way  through  which  they  are  most 
accessible  over  land,  I  shal  be  ready  to  undertake  the  executing 
this  project,  if  H.M.  thinks  fitt  to  approve  of  it  etc.  The  quit -rents 
of  Virginia  would  answer  the  charge.  Proposes,  to  begin  with, 
"  to  reconnoitre  the  country,  and  find  out  a  proper  post  to  be 
fortifyed  on  the  Lakes,"  etc.  Set  out,  Spotswood  Papers  II.,  286. 
Signed,  A.  Spotswood.  Endorsed,  Reed.  3rd,  Read  7th  Oct.,  1718. 
15  pp.  Enclosed, 

657.  i.  Copies  of  Acts  of  Virginia  and  Governor's  Instructions 
etc.  relating  to  the  collation  to  ecclesiastical  benefices, 
Same  endorsement.  2J  pp. 


AMERICA    AND    WEST    INDIES.  335 

1718. 

657.  ii.  Proclamations  by  Lt.  Governor  Spotswood  (a)  for 
publishing  the  repeal  of  the  Acts  for  -preventing  frauds  in 
tobacco  payments  and  for  the  better  regulation  of  the  Indian 
trade,  and  (b)  prohibiting  trade  with  the  French  settle- 
ments in  America.  Williamsburgh,  12th  Nov.,  1717. 
2pp. 

657.  iii.  Proclamations  by  Lt.  Governor  Spotswood  (a)  pro- 
hibiting the  harbouring  of  deserters  from  H.M.  ships  of 
war,  Nov.  13,  1717  ;  (b)  publishing  the  repeal  of  the  Acts 
prohibiting  the  unlawfull  assembly  of  Quakers,  and 
concerning  forreign  debts,  14th  May,  1718  ;  (c)  prohibiting 
the  unlawfull  concourse  of  such  persons  as  have  been 
guilty  of  pyracy,  10th  July,  1718  ;  and  (d)  proroguing 
the  General  Assembly,  Williamsburgh,  30th  July,  1718. 
Same  endorsement.  3  j  pp. 

657.  iv.  List  of  patents  granted  for  land  in  Virginia  by  Lt. 
Governor  Spotswood.  States  names,  dates,  acreage 
and  counties  and  upon  what  consideration  granted. 
Includes  a  grant  of  46J  acres  in  Gloucester  County  to 
John  Lewis,  John  Smith,  and  Jno.  Washington  junr., 
for  importation  rights,  28th  April,  1711.  Same  endorse- 
ment, llth  June,  1718.  24^^. 

657.  v.  Account  of  H.M.  Revenue  of  quit-rents  in  Virginia,  2  5th 
April,  1717-1718.  Total  received,  (including  £3766  Is.  4d. 
brought  forward  and  arrears)  =  £6937  2s.  Ofd.  Total 
disbursed,  £1408  ls.4|d.  Signed,  J.  Roscow,  Rr.  Genii., 
John  Gryme,  Depty.  Audr.,  A.  Spotswood.  Same 
endorsement.  3  pp. 

657.  vi.  Accountof  H.M.  Revenueof  2s.  per  hhd.,  Virginia,  25th 
Oct.,  1717-25th  April,  1718.  Receipts,  £1144  4s.  lljd. 
Payments,  £2192  15s.  Signed  and  endorsed- as  preceding. 
2  pp.  [0.0.  5,  1318.  Nos.  50,  50  i.-vi.  ;  and  (without 
enclosures)  5,  1365.  pp.  142-169.] 

Aug.  16.  658.  Sir  H.  Penrice  to  Mr.  Popple.  Reply  to  14th  Aug.  Some 
Offlcy  Flace.  time  ago  my  Lords  Commissioners  of  the  Admiralty  sent  me  a 
letter  from  Governor  Shute  relating  to  some  pirates  that  were 
taken,  desiring  to  know  what  shou'd  be  done  wth.  them  ;  it  being 
apprehended  that  the  Act  11°  and  12°  W.  III.  for  the  more  effectual 
suppressing  of  pirates,  was  expired.  My  report  was  to  this  effect. 
That  the  Act  was  continued  by  an  Act  5°  Anna,  and  since 
continued  by  another  Act  lmo  Georgii,  and  that  it  is  still  in 
force  ;  and  that  pirates  may  be  tried  in  the  Plantations  by  a 
Commission  under  the  Great  Seal  of  Great  Britain,  or  under  the 
Great  Seal  of  the  Admiralty,  in  manner  and  form  directed  by  that 
Act  of  Parliament.  But  I  am  very  certain  it  was  never  proposed 
to  me  to  report  my  opinion  whether  the  Commission  issued  by 
the  late  Queen  for  the  trial  of  pirates,  to  Coll.  Dudley,  or  to  the 
Govr.  of  that  Province  for  the  time,  determin'd  by  the  demise  of 
the  late  Queen,  or  whether  it  ought  to  be  renew'd  upon  H.M. 
happy  accession  to  the  Throne,  etc.  Refers  to  Admiralty  for 
copies  of  correspondence  etc.  Signed,  H.  Penrice.  Endorsed, 


336  COLONIAL   PAPERS. 

1718. 

Reed.    18th,    Read    19th    Aug.,    1718.     Addressed.     Postmark. 
If  pp.     [C.O.  5,  867.     No.  6  ;  and  5,  915.     pp.  181-183.] 

Aug.  19.        659.     Mr.  Popple  to  Mr.  Burchett.     Encloses  copy  of  Sir  H. 

Whitehall.  Penrice's  letter  16th  Aug.  etc.  and  desires  him  to  move  the  Lords 
Commrs.  of  the  Admiralty  to  inform  the  Lords  Commrs.  for 
Trade  of  what  passed  at  their  Board  concerning  this  matter.  [C.O. 
5,  915.  pp.  183,  184.] 

[Aug.  19.]  660.  Extracts  of  several  letters  from  Carolina,  (a)  South 
Carolina,  17th  Dec.,  1717.  Our  Assembly  by  a  late  Act  has 
encreased  the  duty  of  goods  imported  here  etc.  There  is  likewise 
a  late  Act  that  18  months  after  the  ratification  thereof  lays  an 
additional  duty  upon  negroes  of  £40  etc.  Negroes  will  now  fetch 
a  better  price  than  ever  etc.  The  Act  for  carrying  on  the  Indian 
trade  by  the  publick  is  continued  for  5  years  which  in  the  opinion 
of  many  is  not  thought  to  be  for  the  advantage  of  the  country. 
We  are  very  much  afraid  we  shall  by  that  means  loose  in  a  few 
years  all  our  Indians  who  will  goe  over  to  the  French  interest  and 
become  greater  enemies  than  ever,  the  Act  is  in  itself  a  monopoly 
and  the  country  has  no  further  to  doe  in  it  then  to  oblige  such  as 
should  goe  amongst  the  Indians  to  trade  to  give  security  for  their 
good  behaviour  among  the  Indians  and  the  Indians  themselves  are 
allready  averse  to  this  manner  of  carrying  on  the  trade  amongst 
them  and  deam  it  as  a  hardship  imposed  upon  them.  There  have 
allready  been  some  vessells  in  the  Bay  of  Mexico  Peneicola  and 
Moville  with  our  Indian  tradeing  goods  and  have  sold  them  to 
the  French  and  Spaniards  and  are  return'd  hither  with  consider- 
able quantities  of  skins  and  more  will  be  going,  tho'  there  is  now 
since  passed  a  Law  to  prevent  them,  here  are  in  port  some 
Bristoll  man  who  now  talks  of  fitting  out  directly  from  Bristol 
to  these  places  which  will  prove  of  very  evil  consequence  to  this 
country  and  by  which  means  we  may  loose  all  our  Indians  and  this 
chiefly  by  reason  that  the  country  has  engrossed  the  whole  trade 
thro'  a  mercenary  and  ignorant  temper  which  reigns  in  most  of 
our  people.  'Tis  highly  reasonable  this  should  be  remedied  by 
disannulling  the  Act  at  home  as  they  have  done  that  of  the 
Virginia  Company  for  carrying  on  that  trade  by  a  Company 
Virginia,  our  Assembly  has  at  length  posted  the  Act  for  cancelling 
their  bills  of  credite,  this  next  March  is  to  be  paid  in  a  tax  of 
£47,000  of  which  £24,000  is  to  sink  the  same  of  bills  and  the 
remaining  £27,000  to  pay  of  sundry  orders  and  debts  contracted 
by  the  Publick.  In  March  1718  is  to  be  paid  in  another  tax  of 
£30,000  to  sink  the  same  value  in  bills,  so  that  by  March  come  12 
months  will  be  cancelled  £54,000  bills,  unless  they'l  think  fitt  to 
break  again  thro'  their  Act  and  forfeit  their  publick  faith,  etc. 
(b)  South  Carolina,  13th  June,  1718.  Capt.  Mede  sailed  over 
our  barr  18th  May  in  company  with  Capt.  Hudson  and  Capt. 
Clarck  in  the  Crowley,  the  latter  put  back  for  his  passengers  and 
boats  that  he  lost  goeing  over  the  barr  and  the  22nd  as  he  was  just 
proceeding  from  the  barr  was  unfortunately  .taken  by  two  pirates, 
one  a  large  French  ship  mounted  with  40  guns  and  the  other  a 


AMERICA  AND  WEST  INDIES.  337 

1718. 

sloop  mounted  with  12  guns  with  two  other  sloopes  for  their 
tenders  having  in  all  about  300  men  all  English  the  ship  is 
commanded  by  one  Theach  and  the  sloop  by  one  Richards  who 
have  been  upon  this  account  in  those  and  other  vessells  about 
two  years  and  is  the  same  sloop  and  company  that  was  off  of  our 
barr  the  last  summer  and  took  two  vessells  inward  bound  they 
now  took  besides  Capt.  Clarck,  Capt.  Craigh  in  a  small  ship 
belonging  to  this  place  as  he  went  over  the  barr  bound  for  London 
and  the  William  Capt.  Hewes  from  Wey mouth.  Whilst  these 
ships  were  in  their  possession  they  sent  one  of  Clark's  passengers 
with  Richards  and  another  person  master  of  one  of  their  tenders 
to  towne  with  a  message  to  send  them  a  chest  of  medecines 
which  if  was  refused  by  the  Government  they  would  imediately 
put  to  death  all  the  persons  that  were  in  their  possession  and 
burn  their  ships  etc.  and  threatn'd  to  come  over  the  barr  for  to 
burn  the  ships  that  lay  before  the  Towne  and  to  beat  it  about  our 
ears,  as  the  Town  is  at  present  in  a  very  indifferent  condition  of 
making  much  resistance  if  them  or  any  other  enemye  should 
attempt  it  and  that  we  were  very  desirious  to  gett  them  off  our 
coast  by  fair  means  which  we  could  not  doe  otherwise  for  want 
of  such  helps  as  other  Governments  are  supply 'd  with  from  the 
Crown,  the  chest  of  medecines  was  sent  etc.  Soon  after  they 
dismissed  our  people  and  their  ships  having  first  taken  from  the 
two  vessells  that  were  homeward  bound  what  little  money  they 
had  on  board  and  all  their  provisions  and  from  the  two  others  the 
same  and  distroy'd  most  of  their  cargoes  etc.  all  for  pure  mischief 
sake  and  to  keep  their  hands  in.  They  made  no  farther  stay 
(thanks  to  God)  but  are  gone  to  the  Northward  etc.  Those 
people  are  so  accustomed  to  this  easy  way  of  living  that  nothing 
can  reclaime  and  most  of  those  that  took  up  with  the  Proclamation 
are  now  return'd  to  the  same  imployment  which  has  rather  proved 
an  encouragement  than  anything  else,  there  now  being  three  for 
one  there  was  before  the  Proclamation  was  put  out.  They  are 
now  come  to  such  a  head  that  there  is  no  trading  in  these  parts, 
it  being  almost  impossible  to  avoid  them  and  nothing  but  a 
considerable  force  can  reduce  them  which  at  first  might  have 
been  done  at  an  easy  charge,  had  the  Government  but  rightly 
appraised  what  sort  of  people  they  generally  are  and  how  most  of 
them  that  first  turn'd  pirates  have  formerly  lived  being  such  as 
had  always  sailed  in  these  parts  in  privateers  and  lived  in  the 
Bay  of  Campechia  they  had  not  we  believe  thought  that  a  pardon 
would  have  supresed  them  that  being  of  so  near  akin  to  their 
present  way  of  living.  Since  they  are  gone  severall  vessells  are 
come  in  amongst  which  is  a  brigantine  from  Angola  with  86  negroes 
which  was  mett  with  by  the  pirates  they  took  from  her  14  of  their 
best  negroes,  she  belongs  to  Bristol,  a  ship  from  Boston  is  also 
come  in  which  was  likewise  plunder'd  by  them,  etc.  The  Spaniards 
and  French  are  very  industrious  in  improveing  their  settlements 
in  these  parts  and  will  stick  at  no  charges  to  bring  the  Indians 
entirely  under  their  Goverment,  the  latter  are  like  to  become 
very  powerful  at  their  settlements  of  Mobille  in  a  very  short  time. 
By  the  care  our  Government  takes  of  its  Plantations  one  would 

Wt.  441.  C.P.  22. 


338  COLONIAL  PAPERS. 

1718. 

imagine  that  they  are  of  no  further  concern  to  the  Government 
than  they  are  an  opportunity  of  advancing  and  gratifying  a 
Courtier  or  a  considerable  party  man.  The  neglect  of  this  upon 
a  sudden  warr  with  any  of  neighbours  it's  greatly  feared  may  prove 
of  the  utmost  ill  consequence  to  the  rest  it  being  the  only  barrier 
we  have.  Wee  wish  it  may  be  thought  of  before  it  proves  too 
late,  it  cannot  be  expected  that  it  can  ever  become  a  place  well 
settled  under  a  Proprietory  Government  and  able  to  defend  itself 
or  of  any  security e  to  our  other  Plantations  etc.  Endorsed, 
Reed,  (from  Mr.  Godin)  19th,  Read  28th  Aug.,  1718.  5  pp. 
[C.O.  5,  1265.  No.  107.] 

Aug.  20.        661.     H.M.  Warrant  for  John  Gamble  to  be  of  the  Council 
Hampton     of  Antegoa  in  the  room  of  Richard  Oliver  deceased .    Counter signed , 
J.  Craggs.     [C.O.  324,  33.    p.  185.] 

Aug.  20.  662.  J.  Miranda  to  the  Council  of  Trade  and  Plantations. 
Refers  to  Instructions  to  Governors  31st  July,  1717.  Continues  : 
In  Feb.  last  my  ship  Hampstead  English  built  was  obliged  to  pay 
at  New  York  3s.  per.  tonn  pursuant  to  a  Act  of  their  Assembly 
which  lays  a  duty  upon  all  English  ships  of  3s.  per  tonn  and 
excludes  their  plantacion  built  ships  from  paying  the  same. 
The  abovesaid  ship  being  now  departing  to  New  York,  prays 
that  instructions  may  be  sent  that  this  scandalous  practice  may 
have  an  end  etc.  Signed,  J.  Miranda.  Endorsed,  Reed.,  Read 
21st  Aug.,  1718.  1  p.  [C.O.  5,  1051.  No.  72.] 

Aug.  20.  663.  Mr.  West  to  the  Council  of  Trade  and  Plantations. 
Reply  to  June  26.  By  the  Act  of  New  York  for  paying  and 
discharging  several  debts  due  from  this  Colony,  to  the  persons  therein 
named  etc.,  it  is  proposed  to  raise  a  fund  sufficient  to  pay  of  all 
the  publick  debts  of  ye  said  Colony,  some  of  wch.  are  in  the 
preamble  recited  to  be  due  to  severall  companies  of  soldiers  (and 
their  families)  who  had  been  employ'd  by  ye  Governmt.  of  ye  said 
Colony  presently  after  ye  Revolution,  for  the  defense  of  the  same  ; 
and  also  to  severall  persons  who  at  the  same  time  had  furnish 'd 
the  Government  with  goods  necessary  for  ye  publick  service, 
for  wch.  debts  no  provision  had  ever  been  made  etc.  I  have 
been  attended  by  several  merchants  of  London  trading  to  New 
York.  Their  first  objection  is  that  several  sums  are  to  be  paid 
upon  claims  disallowed  by  the  Act  of  1714  etc.  But  I  am  of 
opinion  that  the  merchants  of  London  are  not  proper  to  object 
to  what  debts  ought  to  be  allow'd  or  disallow'd,  that  being  a 
thing  which  is  absolutely  in  the  power  of  the  Generall  Assembly 
etc.  The  only  head  upon  which  the  merchants  can  properly 
object  is  by  showing  that  the  manner  in  wch.  ye  publick  debts 
are  proposed  to  be  paid  will  be  prejudiciall  to  the  trade  of  Great 
Britain  etc.  It  is  certain  that  the  only  considerable  sufferers  by 
it  are  the  merchants  of  Great  Britain  who  trade  to  that  Province. 
This  Act  raises  money  upon  an  anticipated  fund  wch.  is  appro- 
priated for  17  years  to  come,  during  wch.  terme  no  interest  is 
provided  for  these  bills  of  credit  nor  any  persons  appointed  (let 


AMERICA   AND    WEST   INDIES.  339 

1718. 

the  necessityes  of  merchts.  for  want  of  money  be  never  so  great) 
to  pay  any  money  upon  the  said  bills  during  the  time  of  their 
circulation.  So  that  the  British  traders  to  that  country  are  by 
their  Factors,  under  pain  of  loosing  their  debts,  oblidged  to  accept 
of  these  bills  in  payment  for  their  freight,  goods  etc.  at  par, 
when  they  are  upon  the  beforementioned  account  actually  at  30 \ 
40  and  50  pr.  cent  discount.  By  an  order  of  your  Lordpps.' 
Board  made  about  10  or  1 1  years  agoe,  to  ye  end  that  ye  merchants 
of  Great  Britain  might  be  at  a  certainty  in  the  carrying  on  their 
trade,  it  was  made  a  generall  rule  to  be  observ'd  by  the  Governors 
of  ye  Plantations  that  17  pwt.  12  qrs.  of  plate  should  pass  current 
but  for  6s.  sterling  and  no  more  being  after  ye  rate  of  6s.  lOd. 
pr.  oz.  But  as  it  is  represented  to  me  (v.  enclosure),  by  this 
method  of  creating  paper  money  silver  is  advanc'd  from  6s.  lOd. 
to  95.  per  oz.,  so  that  ye  merchants  for  what  goods  they  had  sold 
before  ye  issuing  of  these  bills  of  credit,  and  for  wch.  their  money 
is  still  standing  out  must  loose  33  p. c.  And  what  is  still  a  greater 
hardship  upon  our  British  merchants  the  inhabitants  of  New  York 
take  this  further  advantage,  when  a  cargoe  arrives  in  that  Colony, 
they  knowing  that  ye  long  lying  of  a  ship  will  eat  out  ye  profitt 
of  the  voyage  and  that  the  goods  imported  may  not  be  proper 
for  any  other  Colony  force  the  merchants  to  sell  their  goods  at 
the  usuall  price,  for  wch.  they  pay  them  in  these  bills  of  credit 
at  par,  which  being  of  no  value  in  any  other  place,  they  are  sure 
of  haveing  them  back  again  for  their  own  commodities  at  their 
own  rates.  It  does  not  clearly  appear  to  me,  that  ye  merchants 
can  be  any  loosers  in  consequence  of  these  bills,  but  only  for  the 
debts  now  actually  due,  for  I  beleve  all  merchants  in  future 
contracts  will  take  care  to  proportion  the  price  of  goods  to  the 
discount  the  bills  of  credit  are  at.  By  the  Instruction  of  31st 
July,  1717,  Governors  are  directed  not  to  pass  any  law  which 
may  anyways  affect  the  trade  or  shiping  of  this  Kingdom,  unless 
there  be  a  clause  therein  declaring  the  same  shall  not  be  in  force 
untill  it  be  approved  by  H.M.  This  Act  does  seem  very  materially 
to  affect  the  trade  of  this  Kingdom,  especially  if  it  be  considered 
that  it  continues  the  customes  etc.  which  commodities  are 
imported  into  that  Colony  by  British  shiping,  and  that  imediatly 
upon  ye  passing  of  this  Act,  Bills  of  Credit  were  in  pursuance  of 
it  struck  and  sent  about  for  payment,  which  is  a  very  material 
variation  from  the  method  taken  in  1714,  when  a  bill  of  ye  same 
nature  was  pass'd,  since  in  that  bill  there  is  a  clause  to  this  effect, 
That  none  of  the  intended  bills  of  credit  should  be  struck  or  pass 
current,  before  the  Roy  all  assent  was  signified  etc.  Which  is  a 
caution  I  am  of  opinion  ought  in  prudence  to  have  been  observ'd 
in  the  drawing  of  this  Bill.  And  it  is  indeed  ye  only  objection 
in  point  of  law  which  I  have  unto  it.  All  the  others  are  perfectly 
merchantile,  and  matters  of  a  prudentiall  consideration.  From 
the  Governor's  letter  and  the  Agent  it  appears  that  the  ends  for 
which  the  said  money  was  given,  were  perfectly  just  and  honour- 
able, and  that  the  money  given  to  the  Governor  was  to  defray 
the  extraordinary  or  incidental  charges  of  Government,  which 
happens  in  all  countries  and  cannot  be  foreseen.  And  therefore 


340 


COLONIAL  PAPERS. 


1718. 

in  that  particular  I  am  of  opinion  that  his  accepting  the  said 
summe  for  those  purposes  is  not  contrary  to  the  Instruction  of 
20th  April,  1703  etc.  Concurs  with  the  Governor,  that  since  the 
bills  of  credit  are  actually  current,  they  cannot  now  be  called 
in  again  without  throwing  the  Colony  into  the  utmost  confusion. 
Signed,  Richd.  West.  Endorsed,  Reed.  26th  Aug.,  1718,  Read 
22nd  April,  1719.  4J  pp.  Enclosed, 

663.  i.  Memorial  by  Merchants  trading  to  New  York.  Objec- 
tions to  the  Act  of  New  York  referred  to  in  preceding. 
Signed,  Char.  Lodwick  and  5  others.  With  a  declaration 
by  4  masters  of  ships  lately  come  from  New  York  :  — 
Since  Jan.  last  there  has  been  issued  out  new  bills  of 
creditt  the  wch.  we  and  others  were  obliged  to  take  for 
freight  equall  to  silver  money.  1  p.  [0.0.  5,  1051. 
Nos.  82,  83;  and  (without  enclosure)  5,  1124.  pp. 
64-71.] 

Aug.  21.        664.    Mr.  Carkesse  to  Mr.  Popple.     Reply  to  1th  Aug.    Mr. 
Custom  House,  Kay  did  not  deliver  any  such  accot.  here,  etc.     Signed,  Cha. 
Carkesse.     Endorsed,    Reed.     22nd,    Read    26th    Aug.,     1718. 
Addressed.     1  p.     [0.0.  5,  867.     No.  8  ;  and  5,  915.    pp.  200, 
201.] 


rton< 


Aug.  21. 

Whitehall. 


Aug.  21. 

Whitehall. 


Aug.  21. 

Whitehall. 


Aug.  22. 

Whitehall. 


Aug.  22. 

Admiralty 
Office. 


665.  Council  of  Trade   and  Plantations  to  Mr.   Secretary 
Craggs.     When  we  had  under  consideration  the  Instructions  for 
Sr.  Nicholas  Laws,  H.M.  Governor  of  Jamaica,  we  found  several 
things  therein,  which  we  thought  necessary  to  be  alterd,  and 
having  represented  the  same  to  H.M.  ;  He  was  graciously  pleasd 
to  approve  thereof.     We  therefore  now  humbly  offer,  that  the 
like  alterations  be  made  in  the  Instructions  to  the  other  Governors, 
mutatis  mutandis,  as  near  as  the  nature  of  each  Govt.  will  allow, 
according  to  the  inclosd  papers,  etc.     [0.0.  324,  10.    p.  206.] 

666.  Same    to    Same.    Propose    as    above    alterations    in 
Instructions  of  Governor  of  Barbados,  in  articles  iii.,  ix.,  x.,  xv., 
xxv.,   xxvi.,   xlix.,   Ixviii.,   Ixxxv.,    xcvi.      [0.0.    29,    13.      pp. 
486-497.] 

667.  Same  to  Same.    Enclose  amendments  proposed  to  be 
made  in  the  Instructions  of  Lt.  Governor  Bennett.     [0.0.  38, 
7.    pp.  346-357.] 

668.  Mr.  Popple  to  John  Lloyd,  Secretary  to  the  Post  Master 
General.     Encloses  extract  of  Lt.  Governor  Spotswood's  letter 
June  24.     [0.0.  5,  1365.    p.  142.] 

669.  Mr.  Burchett  to  Mr.  Popple.     In  reply  to  19th  Aug., 
encloses  following.    Signed,  J.  Burchett.    Endorsed,  Reed.  22nd, 
Read  26th  Aug.,  1718.     f  p.     Enclosed, 

669.  i.  Mr.  Burchett  to  Sr.  Hen.  Penrice,  Judge  of  the 
Admiralty.  Admty.  Office,  25th  June,  1717.  Encloses 
letter  from  Mr.  Dudley  to  Mr.  Dummer,  and  desires  his 


AMERICA   AND    WEST   INDIES.  341 

1718. 

opinion  in  what  manner  the  pirates  in  custody  in  New 
England  may  be  properly  and  legally  proceeded  against. 
Signed,  J.  Burchett.  Endorsed,  Reed.  22nd  Aug.,  1718. 
Copy.  I  p. 

669.  ii.  Sir  H.  Penrice  to  Mr.  Burchett.  Reply  to  preceding. 
I  am  of  opinion,  that,  the  pirates  in  custody  in  New 
England  may  be  most  properly  and  legally  proceeded 
against  according  to  the  Act  of  the  llth  and  12th  K. 
William  III  continued  in  the  reign  of  Q.  Anne  and 
lmo  Georgii  etc.  as  IQth  Aug.  Signed,  H.  Penrice. 
Endorsed  as  preceding.  Copy.  1  p.  [C.O.  5,  867. 
Nos.  7,  7  i.,  ii.  ;  and  (without  enclosures)  5,  915.  p.  200.] 

Aug.  23.  670.  Receipt  by  Tho.  Smith,  the  ship  Beaver,  for  a  red  gilt 
leather  box  from  A.  Philips  for  Governor  Hunter  (Commission 
for  pardoning  pirates).  Signed,  Tho.  Smith.  Endorsed,  Reed. 
14th,  Read  15th  Oct.,  1718.  1  small  p.  [C.O.  5,  1051.  No.  78.] 

Aug.  23.        671.     Reference  of  enclosed  petition  to  the  Attorney  General. 

Whitehall.    Countersigned,  Roxburghe.     \p.    Annexed, 

671.  i.  Petition  of  Sir  Robt.  Mountgomery  to  the  King.  Refers 
to  report  of  Board  of  Trade  upon  his  design  to  make  a 
settlement  at  Azilia  in  Carolina .  By  reason  of  the  Indian 
war  petitioner  has  been  at  expense  beyond  his  expectation. 
Quotes  case  of  grant  of  licence  for  a  lottery  in  aid  of 
Virginia  in  1612.  Continues : — Encouraged  by  this 
precedent  and  humbly  conceiving,  that  the  Act  concern- 
ing lotteries,  as  it  was  made  by  an  English  Parliament, 
long  before  the  happy  union  of  the  two  Kingdoms, 
does  not  extend  to  your  Majesty's  Dominion  of  North 
Britain,  Petitioner  therefore  most  humbly  prays  that 
your  Majesty,  taking  into  your  Royal  consideration,  the 
general  usefullness  of  the  petitioner's  design,  will  be 
graciously  pleased  to  grant  to  him  and  his  assigns, 
your  Royal  licence  for  proposing,  establishing  and 
causeing  to  be  drawn  (within  twelve  months  from,  and 
after  the  date  of  the  said  licence)  a  Lottery  in  your 
Majesty  city  of  Edenborough,  or  in  any  of  the  Royal 
Boroughs  of  North  Britain,  to  be  drawn  openly,  and 
in  the  usual,  and  most  publick  manner,  with,  and  under 
the  inspection  of  the  Magestrates  of  that  City,  or 
Borough  etc.,  Petitioner  to  issue,  by  some  Bank  or 
Society  100,000  tickets  at  the  rate  of  40*.  per  ticket, 
the  highest  prize  being  £10,000  and  the  rest  at  the 
discretion  of  petitioner,  provided  that  the  general 
proportion  of  blanks  to  prizes  shall  not  be  more  than 
four  to  one,  and  that  the  amount  of  prizes,  in  the  whole, 
shall  be  equal  to  the  full  summe,  which  shall  arise  by 
the  sale  of  the  tickets,  after  a  deduction  of  15  per  cent, 
for  petitioners  expenses  in  supporting  the  settlement 
above  mentioned  etc.  2  pp.  [C.O.  5,  383.  Nos.  3,  3  i.] 


342 


COLONIAL  PAPEBS. 


1718. 

Aug.  26.        672.     Mr.  Bridger  to  the  Council  of  Trade  and  Plantations. 

Portsmouth.  I  have  since  my  last  discovered  some  persons  who  have  made  it 
a  practise  to  destroy  a  great  number  of  large  mast  trees  in  H.M. 
woods  by  cutting  them  down  and  sawing  them  into  plank  etc. 
I  design  to  prosecute  them  forthwith  etc.  Upon  viewing  the 
Eastern  parts  I  have  found  a  great  swamp  of  10  miles  and  4 
broad  fuU  of  good  white  pine  trees  of  the  first  sort  etc.  It  lies 
near  a  navagable  river  whence  they  may  be  shipped  for  Great 
Britain  etc.  These  parts  being  now  setteling  and  the  people 
building  saw  mills  on  every  river  and  brooke  almost,  which  will 
soon  cutt  down  these  fine  pines,  and  all  others,  unless  an  imediate 
care  be  taken  by  Acts  or  such  other  methods  as  your  Lordships 
shall  think  proper  etc.  Mr.  Cooke  has  perswaded  the  people 
H.M.  has  no  right  to  the  woods  in  this  country  and  agreeable  to 
that  oppinion  they  designe  to  act  the  next  winter  as  they  give 
out,  what  method  I  must  act  on,  I  cannot  yet  see  etc.  I  find  it 
very  dificult  to  protect  the  least  part  of  H.M.  woods  singily 
by  myself,  from  the  common  wasts,  made  therein  by  the  inhabi- 
tants of  the  frontier  places  near  those  woods  etc.  Signed,  J. 
Bridger.  Endorsed,  Reed.  2nd,  Read  3rd  Oct.,  1718.  If  pp. 
[C.O.  5,  867.  No.  14  ;  and  5,  915.  pp.  217,  218.] 


Aug.  27. 

Hampton 
Court. 


Aug.  27. 

Hampton 
Court. 


Aug.  27. 

N.  York. 


Aug.  28. 

Whitehall. 


673.  H.M.  Commission  to  Charles  Charnock  to  be  Deputy 
Judge  Advocate  of  the  Forces  at  Placentia.     Countersigned,  J. 
Craggs.     [C.O.  324,  33.    p.  186.] 

674.  Order  of  King  in  Council.     Repealing  three  Acts  of 
New  Hampshire,  for  the  relief  of  ideots  ;  providing  for  posthumous 
children ;  and  against  High  Treason  etc.    Signed,  James  Vernon. 
Endorsed,  Reed.   23rd,  Read  24th  Jan.,    17ff.     1J  pp.     [C.O. 
5,  867.     No.  24  ;  and  5,  915.    pp.  241,  242.] 

675.  Governor  Hunter  to  Mr.   Popple.     Abstract.     Cannot 
write  to  the  Board  as  he  is  summoned  by  express  to  meet  the 
Indians  at  Albany.     Intends  to  meet  the  Assembly  next  month, 
and  is  confident  he  will  then  be  able  to  remedy  what  is  really 
amiss.     But  if  too  easy  an  ear  is  given  to  self  interested  little 
merchants  there  or  spiteful  ones  here,  it  is  to  no  purpose  for  him 
to  remain  on  that  side.     The  Acts  last  past,  which  are  of  no 
consequence,  are  not  yet  ready,  owing  to  a  lack  of  parchment 
etc.    He  perceives  that  his  interests  move  more  heavily  than 
usual,  but  cannot  assign  a  reason.     Thinks  nothing  can  prevent 
his  returning  in  the  Spring,  but  God  alone  is  the  disposer  of 
futuritys.     Set  out,  N.Y.  Col.  Docs.  v.    p.  516.     Signed,  I  am  for 
ever  intirely  Yours,  Ro.  Hunter.     Endorsed,  Reed.   16th  Oct., 
1718,  Read  23rd  April,  1719.     Holograph.     3J  pp.     Enclosed, 

675.  i.  List  of   9   Acts   passed   at  New   York,    1718.     Same 

endorsement.     1  p.     [C.O.  5,  1051.     Nos.  86,  86  i.  ;  and 
(without  enclosure)  5,11 24.    pp.  11,  IS.] 

676.  Council  of  Trade  and  Plantations  to  Governor  Hunter. 
Refer  to  memorial  of  Mr.  Miranda  (v.  20th  Aug.),  complaining  of 


AMERICA    AND    WEST    INDIES. 


343 


1718. 


Aug.  28. 

Whitehall. 


Aug.  28. 
Whitehall. 


Aug.  — 


Sept.  — 

Hampton 
Court. 


Sept.  1. 

Jamaica. 


duties  raised  at  N.  York  upon  English  ships,  "  which  we  suppose 
to  be  [by  virtue  of]  the  Revenue  Act  and  the  Act  to  oblige  all 
vessels  etc.  to  pay  duty.  But  as  we  sent  you  3rd  Feb.  last  our 
objections  to  those  Acts,  which  are  now  confirmed  by  Mr. 
Miranda's  complaint,  and  did  then  recommend  you  to  get  an 
Act  passed  for  removing  those  objections,  we  hope  it  is  already 
done  or  will  be  very  soon  otherwise  we  shall  be  obliged  to  lay 
those  Acts  before  H.M.  for  his  disallowance,  and  we  do  not 
doubt  but  you  will  take  particular  care  for  the  future  pursuant* 
to  the  late  Instruction  from  H.M.  that  no  Acts  be  passed  in  your 
Governmts.  which  may  affect  the  Trade  or  Navigation  of  this 
Kingdom/'  [C.O.  5,  1124.  pp.  37,  38;  and  5,  1079.  No.  105.] 

677.  Council  of  Trade   and  Plantations  to  Mr.   Secretary 
Craggs.     We  had  the  honour  to  communicate  to  you  some  time 
ago  such  accounts  as  we  had  then  received,  in  relation  to  the 
pirates  in  the  West  Indies  and  to  the  state  of  Carolina  etc.    Enclose 
Governor  Johnson's  and  other  letters  of  18th  June  and  19th 
Aug.  upon  the  same  subject,  that  you  may  lay  the  same  before 
H.M.,  and  receive  his  orders  thereupon.     [C.O.  5,  1293.    p.  157.] 

678.  Mr.    Popple    to    Mr.    Burchett.     Encloses    extract    of 
Governor  Johnson's  letter  June  18,  for  the  information  of  the 
Admiralty.     [C.O.  5,  1293.    p.  158.] 

679.  Roger  Tublay  to  Lord  Carteret,  Secretary  of  State. 
A  statement  of  his  claim  against  Don  Antonio  Casado,  son  of  the 
Marquis  de  Monteleon,  Ambassador  to  the  Court  of  Great  Britain, 
in  the  matter  of  protested  bills  for  £2000,  given  by  him  to  the 
order  of  Col.  Thomas  Beckford,  June   10,   1718.  etc.    French. 
5J  pp.     [0.0.137,46.     #o.35.] 

680.  H.M.  Warrant  and  Commission  to  Thos.  Betts  to  be 
Naval  Officer  in  Jamaica,  with  a  clause  obliging  him  to  residence, 
and  revoking  the  letters  patent  of    William   Norris.     Counter- 
signed, J.  Craggs.     [C.O.  324,  33.    pp.  187,  188.] 

681.  Governor  Sir  N.  Lawes  to  the  Council  of  Trade  and 
Plantations.     Encloses  duplicate  of  20th  June,  and  acknowledges 
letter  etc.  of  4th  April.    Continues : — The  Acts  referred  to  I  have 
caused  to  be  enter'd  in  the  Council  books  and  published  in  the 
usual  forme.     The  objections  your  Lordps.  have  made  in  your 
Representation  to  H.M.  against  the  passing  of  those  laws  on 
which  he  has  been  please [d]  to  signifie  his  disallowance,  appears 
so  strong  that  I  am  in  hopes  the  Assembly  will  see  their  error  and 
frame  such  other  laws  for  the  good  of  their  countrey  as  may  not 
be  lyable  to  the  same  objections.     I  have  particularly  signified 
to  them  that  if  they  shall  not  judge  the  Acts  of  1703  and  1712, 
which  are  now  in  force,  sufficient  for  the  encouragement  of  white 
people,  I  will  readily  give  my  consent  to  a  new  law  for  that  purpose 
in  which  care  shall  be  taken  that  no  temporary  law  do  repeal  a 
perpetual  one  ;  and  that  no  act  shall  repeal  a  perpetual  Act 


344  COLONIAL  PAPERS. 

1718. 


confirm'd,  without  H.M.  leave,  or  a  clause  declaring  such  an  Act 
not  to  be  in  force  til  H.M.  pleasure  be  knowne.  As  to  the  Act 
for  the  effectual  discovery  of  all  persons  that  are  disaffected  to  H.M. 
etc.  which  remains  at  present  in  suspence,  I  have  endeavour'd 
to  get  the  best  information  I  could,  both  with  respect  to  the  benefit 
and  advantage  of  such  a  law,  as  also  the  inconveniency's  and 
disadvantages  of  it,  and  upon  the  whole  I  am  of  opinion  it  is  not 
suitable  in  many  respects  to  our  condition  as  an  unpeopled  Colony, 
the  same  obliging  all  officers  civil  and  military  within  this  Island 
to  receive  the  holy  Communion  within  a  month  after  the  publica- 
tion of  their  Commissions,  which  has  occasion'd  many  to  lay  down 
and  so  become  reform'd  officers  who  are  really  gentlemen  well 
affected  to  H.M.  and  his  Government,  and  I  cannot  say,  that  we 
have  either  many  Roman  Catholicks  or  Dissenters  amongst  us. 
Therefore  in  my  humble  opinion  if  your  Lordships  thinks  fit, 
that  Act  may  be  laid  before  H.M.  for  his  disallowance.  Refers 
to  enclosures  and  Address  of  Assembly.  Continues : — I  humbly 
begg  your  Lordships'  favourable  assistance  in  getting  it  presented 
to*  H.M.  in  an  acceptable  manner.  The  Assembly  did  likewise 
testifye  their  satisfaction  under  my  Government  in  an  Address 
a  coppy  whereof  comes  herewith.  On  the  23rd  past  I  did  with 
the  unanimous  advice  of  the  Council  adjourn  the  Assembly  til 
the  24th  inst.,  by  reason  of  the  sitting  of  the  Grand  Court,  the 
Speaker  being  Chief  Justice  and  severall  of  the  Judges  and 
Lawyers  Members  of  the  House,  it  was  impracticable  for  them 
both  to  sit  together  and  as  the  last  Grand  Court  had  been 
adjourn'd  without  doing  any  business,  both  myself  and  the 
Council  were  of  opinion  that  it  was  better  for  the  Island  to  have 
the  present  Grand  Court  meet  to  prevent  a  delay  in  Justice,  then 
to  continue  the  Assembly  sitting.  I  therefore  gave  them  a  recess 
for  one  month  which  seem'd  agreeable  to  most  of  the  Members 
thereof,  and  I  hope  they  will  fullfill  what  they  have  engag'd  by 
their  Resolutions.  I  observe  by  one  of  their  resolutions  they  seem 
to  have  misconstrued  that  paragraph  of  my  Speech,  wherein  I 
recommend  to  them  the  passing  of  a  law  to  subject  their  real 
estates  or  the  produce  thereof  towards  the  payment  of  their 
just  debts,  at  their  next  meeting.  I  shall  endeavour  to  convince 
them  of  the  justness  of  subjecting  their  estates  for  that  end  and 
am  in  hopes  they  will  come  into  it.  I  am  sorry  H.M.  recom- 
mendacons  to  them  has  hitherto  prov'd  ineffectual  for  reimbursing 
the  Lord  A.  Hamilton  and  the  Council  for  moneys  advanced  by 
them  for  the  subsistance  of  H.M.  forces  here.  Your  Lordships 
will  observe  by  my  Speech  in  what  pressing  terms  I  recommended 
it  to  them,  and  notwithstanding  their  Resolution  that  it  ought 
not  to  be  paid,  yet  I 'am  in  great  hopes  at  their  next  meeting  they 
will  consider  the  justness  of  that  demand  and  pay  obedience  to 
H.M.  recommendacon,  I  shall  not  be  wanting  in  promoting  all 
I  can  towards  it.  Encloses  Naval  Officers  Accounts  etc.,  and  that 
of  the  Collector  of  Customs.  Continues : — Whereby  you  will 
observe  how  small  a  share  of  seizures  comes  to  H.M.  proporcon, 
and  I  cannot  help  taking  notice  to  your  Lordships  upon  this 
occasion,  that  in  all  former  Governments  H.M.  share  of  seizures 


AMERICA  AND  WEST  INDIES.  346 

1718. 

were  paid  into  the  hands  of  the  Governour  and  he  to  be  account- 
able to  the  Lord  High  Treasurer  in  Great  Britain.  The  first 
instance  of  the  contrary  was  upon  an  application  of  Mr.  Beckford, 
Comptroler  in  Mr.  Hey  wood's  Government,  for  the  Lord  A. 
Hamilton  to  pay  into  the  Collector's  hands  H.M.  share  of  all 
the  seizures  that  had  hapned  in  his  Lordp's.  Government,  which 
Mr.  Hey  wood  accordingly  order'd.  Refers  to  Minutes  of  Council, 
Aug.  23  and  25,  1716.  Continues: — I  confess  I  have  not  been 
able  to  find  out  what  inducements  Mr.  Hey  wood  had  to  give  such 
a  positive  direction  etc.,  especially  when  the  Councill  where 
equally  divided  in  their  opinions  ;  I  hope  your  Lordships  will 
please  to  take  the  same  into  your  consideration  for  it  plainly 
appears  by  this  account  that  H.M.  reaps  little  advantage  from 
seizures  the  greatest  part  being  swallowed  up  in  extravagant  and 
unnecessary  charges  and  sallarys  to  the  officers.  I  therefore 
propose  it  to  your  Lordships  to  move  H.M.  that  he  wou'd  be 
graciously  pleas'd  to  grant  his  share  of  all  such  seizures  in  this 
Island  as  may  happen  from  time  to  time  for  breach  of  the  Acts 
of  Trade  towards  the  support  of  the  Government  thereof.  Since 
I  had  the  last  honor  to  write  to  your  Lordships,  I  have  taken  an 
opportunity  with  a  Committee  of  the  Councill  to  view  the  fortifi- 
cations on  Port  Roy  all  wch.  I  found  very  much  out  of  repair, 
and  severall  implements  and  stores  wanting.  I  ordered  a  survey 
to  be  taken  of  the  ordnance  and  stores,  coppys  whereof  conies 
herewith,  together  with  a  list  of  what  ordnance  stores  and  other 
implements  of  war,  which  are  wanting  and  necessary  as  retorn'd 
by  a  Committee  of  the  Councill  with  their  opinion  thereupon  and 
I  humbly  desire  the  favour  of  your  Lordships  to  lay  the  same 
before  H.M.  with  your  recommendacons  that  he  may  be  graciously 
pleased  to  give  directions  to  the  Board  of  Ordnance  to  supply 
us  with  the  same.  I  think  it  my  duty  to  acquaint  your  Lordships, 
that  severall  people  have  been  lately  sent  over  out  of  the  gaols 
in  England,  upon  the  encouragement  of  an  Act  of  Parliament 
pass'd  the  last  Sessions,  for  the  further  preventing  robbery  etc.  and 
for  the  more  effectual  transportation  of  felons  etc.  ;  Those  people 
have  been  so  farr,  from  altering  their  evil  courses  and  way  of 
living  and  becoming  an  advantage  to  us,  that  the  greatest  part 
of  them  are  gone  and  have  induced  others  to  go  with  them  a 
pyrating,  and  have  inveglied  and  encouraged  severall  negroes  to 
desart  from  their  masters  and  go  to  the  Spaniards  in  Cuba,  the 
few  that  remains  proves  a  wicked  lazy  and  indolent  people,  so 
that  I  could  heartily  wish  this  country  might  be  troubled  wth. 
no  more  [of]  them.  The  Spanish  gentleman  Don  Juan  del  Valle 
who  has  been  in  this  Island  for  some  years  past  solliciting  for 
restitution  for  severall  losses  the  Spaniards  hath  sustained  by 
English  pyrates  has  receiv'd  an  answer  from  myself  and  the 
Councill  to  a  Memoriall  he  deliver'd  in  some  time  after  my 
arrivall  of  wch.  I  send  your  Lordships  a  copy,  and  seeing,  we  have 
nothing  more  in  our  power  to  make  restitution  but  the  money 
deposited  by  Lord  A.  Hamilton,  his  staying  longer  in  this  countrey 
was  thought  unadviseablc  especially  he  giving  great  umbrage  to 
the  merchants,  who  suspected  he  gave  intelligence  to  the  Spaniards 


346  COLONIAL    PAPERS. 

1718. 


on  Cuba,  the  time  of  their  ships  sailing  from  this  Island  by  means 
of  which  information  the  Spanish  Guardalacoasts  (whom  I  can 
call  no  better  than  pyrates)  lay  in  wait  and  has  taken  severall 
of  their  ships,  the  said  Don  Juan  was  with  the  unanimous  advice 
of  the  Council  desired  to  depart  this  Island  in  21  dayes.  He 
thereupon  applyed  for  coppys  of  all  his  memorialls,  answers  etc. 
attested  under  the  Seal  of  the  Island  which  was  allowed  him, 
and  now  I  am  inform 'd  he  designs  for  England  by  this  conveyance. 
Signed,  Nicholas  Lawes.  Endorsed,  Reed.  8th,  Read  llth  Nov., 
1718.  12  pp.  Enclosed, 

681.  i.  List  of  enclosures.  Same  endorsement.  \  p. 
681.  ii.  Copy  of  the  Resolutions  of  the  Assembly  of  Jamaica 
upon  the  Governor's  Speech,  19th  Aug.,  1718.  (v. 
Journal  of  Assembly).  Same  endorsement.  3J  pp. 
681.  iii.  Address  of  the  Council  and  Assembly  of  Jamaica 
to  the  King.  Aug.  9th,  1718.  We  acknowledge  with 
the  highest  gratitude  your  unwearied  endeavors  for 
our  safety  and  prosperity,  a  signal  instance  of  which  we 
have  lately  been  favour'd  with,  in  your  Majesty's 
appointment  of  Sr.  N.  Lawes,  who  from  his  former  just 
administration,  in  the  subordinate  offices  of  this  Island, 
his  perfect  knowledge  of  our  Constitution,  and  from  his 
being  also  engag'd  in  interest  with  us  ;  we  perswade 
ourselves  will  fully  answer  your  Majesty's  purposes  in 
such  appointment.  Return  thanks  for  H.M.  ships  of 
warr  for  guarding  of  our  Island,  and  protecting  our 
trade  against  pyrates,  who  notwithstanding  your 
Majesty's  gracious  promise  of  pardon  are  grown  so 
numerous  and  insolent,  that  the  subduing  them  requires 
not  only  a  greater  number  of  ships  but  a  much  greater 
vigilance  than  has  hitherto  been  shewn  by  the  Comman- 
ders of  those  ships  fitted  for  our  immediate  service. 
And  here  we  begg  leave  to  represent  to  your  Majesty, 
that  we  are  without  hopes  of  being  freed  from  the 
depredations  and  barbaritys  daily  committed  by  those 
common  enemy s,  untill  your  Majesty  in  your  great 
wisdom  shall  think  fit  to  order  the  commanders  of  your 
ships  here  to  follow  the  direction  of  our  Governor  in 
their  cruises,  and  untill  such  commanders  are  prevented 
trading  on  the  Spanish  coast,  or  elsewhere,  by  the  gain  of 
which  they  are  necessarily  tempted  to  neglect  the  service 
of  the  Island,  and  by  their  carrying  on  the  remains  of  our 
Trade,  without  the  expence  of  hire -wages  or  victualling  ; 
our  seafaring  men  wanting  their  usuall  employ,  are  the 
easier  seduc'd  to  turn  pyrates  etc.  Our  chief  aim  in  all  our 
proceedings  shall  be  to  render  us  an  acceptable  people  to 
the  best  of  Kings  etc.  Signed,  Ja.  Daniel,  Clk  Council,  Wm. 
Nedham,  Speaker.  Same  endorsement.  Copy.  2J  pp. 
681.  iv.  Address  of  the  Assembly  of  Jamaica  to  Governor  Sir 
N.  Lawes,  with  his  reply,  12th  Aug.,  1718.  v.  Journal 
of  Assembly.  Printed  by  R.  Baldwin  in  Kingston. 
Price  one  bit.  Same  endorsement.  If  pp. 


AMERICA   AND    WEST   INDIES.  347 

1718. 

681.  v.  Account  of  the  Collector  of  Customs,  Jamaica,  25th 
March-24th  June,  1718.  Signed,  George  Dawes.  Same 
endorsement.  1  p. 

681.  vi.  List  of  Ordnance  Stores  wanting  in  Jamaica.  Same 
endorsement.  1  p. 

681.  vii.  Survey  of  the  Ordnance  Stores,  Port  Royal,  May  1st, 
1718.  Same  endorsement.  1  p. 

681.  viii.  Survey  of  Ordnance  Stores,  Port  Royal,  July  26th, 
1718.  Same  endorsement.  1  p . 

681.  ix.  Reply  to  the  Governor  and  Council  of  Jamaica  to  Don 
Juan  del  Valle  (v.  supra).  H.E.  and  the  Council  are 
extreamely  concern'd  at  the  hostilities  and  pyracies 
that  have  been  committed  by  the  subjects  of  Great 
Britain  on  those  of  his  Catholick  Majesty.  They  will 
use  their  utmost  endeavours  to  discountenance  and 
prevent  all  such  practices  for  the  future  etc.  His 
Majesty  has  been  pleas'd  to  grant  his  pardon  to  the 
persons  concern'd  in  the  pyracies  complain'd  of.  Far 
the  greatest  part  of  the  money  and  effects  had  been 
carried  into  other  parts  and  spent  by  the  disorderly 
seamen.  They  had  nothing  immediately  in  their  power 
but  the  money  deposited  by  Lord  A.  Hamilton  and  some 
few  effects  taken  out  of  the  sloop  Kensengton  which  they 
shall  not  only  be  ready  to  restore,  but  likewise  to  cause 
the  severall  owners  of  the  sloops  Bennett,  Eagle  and 
Bersheba  to  make  restitution,  when  they  receive  H.M. 
commands  for  that  purpose.  At  the  same  time  they 
hoped  that  the  subjects  of  the  King  of  Spain  would  be 
as  ready  to  make  restitution  to  the  subjects  of  the  King 
of  Great  Britain  for  their  losses  which  are  equall  if  not 
superiourHo  those  sustained  by  the  Spaniards.  Same 
endorsement.  Copy.  1J  pp.  [C.O.  137,  13.  Nos.  16, 
16  i.-ix. ;  and  (without  enclosures)  138, 16.  pp.  131-144  ; 
and  (extract  of  covering  letter  and  Nos.  vi.-viii.  only)  137, 
46.  Nos.  33,  33  i.,  ii.] 

Sept.  1.  682.  Same  to  Mr.  Popple.  Acknowledges  letter  of  4th  April 
Jamaica,  etc.  as  in  preceding.  The  Assembly  have  ordered  a  bill  to  be 
brought  in,  appointing  an  Agent  or  Agents  who  are  to  be 
sufficiently  instructed  and  empower'd  to  transact  the  business  of 
this  Island  in  Great  Britain  and  care  shall  be  taken  that  such 
Agent  or  Agents  be  not  dependant  wholly  upon  the  Assembly  but 
joyntly  upon  the  Governour,  Council  and  Assembly  in  the  manner 
prescribed  by  their  Lordships.  Herewith  I  send  you  the  old 
Broad  Seal  of  the  Island  broke  in  peices  before  me  in  Council  etc. 
Signed,  Nicholas  Lawes.  Endorsed,  Reed.  8th,  Read  12th  Nov., 
1718.  Upp.  [C.O.  137,13.  No.  17;awdl38, 16.  pp.  145, 146.] 

Sept.  2.  683.  Memorandum  of  receipt  for  the  Commission  to  pardon 
pirates,  to  be  delivered  to  the  Governor  of  New  England.  Signed, 
Saml.  Gary.  Endorsed,  Reed.  2nd  Sept.,  1718.  J  p.  [C.O.  5, 
867.  No.  9.] 


348 


COLONIAL  PAPERS. 


1718. 
Sept,  2. 


684.  Deposition  by  Sir  Robert  Mountgomery  of  Skelmorly 
that  he  doth  bona  fide  design  to  make  a  settlement  in  Carolina 
etc.  as  Feb.  9.  Signed,  Rob.  Mountgomery.  J  p.  [C.O.  5,  383. 
No.  4.] 


Sept.  4. 

St.  James's. 


Sept.  3.         685.    .Council   of   Trade   and   Plantations   to   Mr.    Secretary 

Whitehall.     Craggs.     Enclose  extract  of  letter  from  Governor  Sir  N.  Lawes, 

21st  June,  to  be  laid  before  H.M.     [C.O.  138,  16.    pp.  126,  127.] 

Sept.  3.         686.     Mr.  Popple  to  Mr.  Burchett.     Encloses  similar  extract 
Whitehall,    for  the  information  of  the  Lords  of  the  Admiralty.     [C.O.  138, 
16.    pp.  127,  128.] 

687.     Lords    Proprietors   of    Carolina    to    Governor   Robert 
Johnson   and    the    Council    of    Carolina.       Whereas    by     our 
Instructions  to  you  our  Governor,  30th  Aug.,  1717,  we  strictly 
enjoin'd  you  to  reduce  that  paper  credit,  which  was  pretended 
to   be  establish'd  amongst  you  by  your  Bank  Act,   to  which 
Act  we  always  shew'd  our  dissent  and  dislike,    and   directed 
you  to  put  in  execution  the  Act  of  the  6th  of  the  late  Queen, 
for   ascertaining  foreign   coin  etc.,  and  we  have  been  inform 'd, 
that  in   pursuance   to   our   Instructions,   you   have   us'd   your 
endeavours  to  put  the  aforesaid  Act  of  the  Queen  in  execution 
and  have  also  pass'd  lately  an  Act  of  Assembly  call'd  the  Tax 
Act,  whereby  many,  if  not  most  of  the  said  Bills  of  Credit  are  or 
will  be  sunk  and  paid  off.     But  we  receiv'd  a  petition  from  the 
London  merchants,  at  our  last  Board,  wherein  they  set  forth, 
that  they  were  inform 'd,  that  an  intention  or  design  was  on  foot 
to  elude  your  late  Act  of  Assembly  call'd  the  Tax  Act,  in  breach 
of  the  publick  faith,  or  to  stamp  more  bills  of  credit,  they  humbly 
pray,  that  no  more  bills  of  credit  shou'd  be  allow'd  of  by  us, the 
proprietors  and  that  we  wou'd  not  suffer  the  said  Act  of  Assembly 
so  lately  pass'd  (pursuant  to  the  Instructions  given  to  our  Govr.) 
to  be  anyways  eluded  or  evaded.     We  therefore  having  taken  the 
petition  of  the  said  merchants,  into  our  serious  consideration  and 
reflecting  on  the  many  inconveniences  that  must  ensue,  if  either 
of  the  merchants'  suggestions  shou'd  take  effect.    We  therefore  the 
Lords  Proprietors   do  strictly  enjoin  and  command  you   Our 
Governor  and  said  Council,  not  to  give  your  consent  to  any  act 
of  Assembly  to  be  hereafter  pass'd  or  that  may  alter  or  any  way 
evade  the  said  Tax  Act  for  the  lessning  the  Bills  of  Credit,  and  that 
you  do  not  consent  to  the  makeing  or  stamping  any  new  bills  of 
credit  for  the  future  until  our  pleasure  be  first  made  known  to 
you  upon  that  account.     \Ve  having  also  receiv'd  further  informa- 
tion of  a  design  in  the  Assembly  to  set  a  price  upon  the  country 
commodities,  and  to  make  such  commodities  at  such  price  be  a 
good  tender  in  law  in  discharge  of  all  debts  ;  We  do  also  enjoin 
and  command  you  Our  Govr.  and  Council  not  to  consent  to  any 
such  law  without  first  sending  to  us  and  laying  the  copy  of  such 
bill  before  us  for  our  consent  and  approbation.     Signed,  Carteret 
P.,  Ja.  Bertie  for  D.  of  R(eaufort),  Fulwar  Skipwith  for  L.  C(raven), 
M.  Ashley,  J.  Colleton,  J.  Danson.     [C.O.  5,  290.     pp.  121,  122.] 


AMERICA  AND  WEST  INDIES. 


349 


1718. 

Sept.  5. 

Admiralty 
Office. 


688.  Mr.    Burchett    to    Mr.    Popple.     Reply   to    Sept.    3rd. 
Upon  complaints  formerly  received  of  the  like  nature,  by  my 
Lords  Commrs.  of  the  Admiralty,  orders  were  sent  to  all  the 
Captains  of  H.M.  ships  in  those  parts  to  use  their  utmost  diligence 
not  only  in  cruizing  against  the  pirates,  and  for  the  security  of 
the  trade,  but  not  to  take  on  board,  and  carry  from  one  port  to 
another  any  merchant's  goods,  upon  any  account  whatever,  and 
those  orders  are  again  repeated  to  the  Commander  in  cheif  of  the 
ships  at  Jamaica.     Signed,  J.  Burchett.     Endorsed,  Reed.  8th, 
Read  23rd  Sept.,  1718.     Addressed.     1  p.     [C.O.  137,  13.     No. 
15  ;  and  138,  16.    pp.  129,  130.] 

Sept.  0.  689.  Mr.  Perry  to  Mr.  Popple.  Encloses  following.  Signed, 
Micajah  Perry.  Endorsed,  Reed.  14th,  Read  15th  Oct.,  1718. 
Addressed.  Postmark.  J  p.  Enclosed, 

689.  i.  Receipt  for  one  red  box  for  Lt.  Governor  Spotswood 

etc.     Gravesend.     6th     Sept.,     1718.     Signed,    Joshua 
Leland,  Master.     1  slip.     [C.O.  5,  1318.     Nos.  51,  51  i.] 

Sept.  ,9Tr.        690.     H.  Winkler  to  the  Directors  of  the  Dutch  West  India 

Fort  Company.     Signed,  Hn.  Winkler.     Endorsed,   Read,    15th   Dec. 

River  l>  (N-8-)'    1718-     Addressed.     Sealed.     Dutch.     2  pp.     [C.O.    116, 

Essequebo.  21.      No.  159.] 

Sept.  10.  691.  Governor  Hamilton  to  Mr.  Popple.  Yours  of  the  31 
Antigua.  January  did  not  com  to  my  hand  till  in  June  last  at  my  returne 
from  St.  Christophers,  where  I  had  undergone  a  varry  severe  fitt 
of  a  lax,  and  the  man  of  war  was  then  immediatly  obliged  to 
proceed  for  Barbados  to  victuall,  for  there  being  no  one  imploy'd 
here  by  the  undertakers  to  furnish  them,  which  is  so  inconvenient, 
that  a  third  of  her  time  of  attending  on  this  station  is  taken  up 
in  going  thither,  taking  in  provisions,  and  comming  back,  which 
I  ones  represented,  but  had  no  answer  to  it,  and  as  soone  as  shee 
returned  it  was  our  hurry-cane  time,  and  the  Capt.  judged  it  for 
H.M.  service  to  lay  up  the  ship  in  the  harbour,  for  the  better 
securing  of  her,  and  there  shee  remaines  still,  for  which  reason, 
I  was  forced  to  send  downe  to  the  aforesaid  Island  of  St.  Kitts, 
and  put  up  proclamations,  for  all  people  that  had  any  setlements 
in  the  former  French  ground  to  send  me  copy's  of  theire  grant's 
etc.  according  to  theire  Lordship's  directions,  a  state  of  which 
I  now  send,  but  is  not  so  perfect  as  I  would  have  wish'd,  but  no 
paines  of  mine  has  been  wanting,  but  some  thro'  stubborness, 
others  have  theire  grants  in  Britaine,  is  the  reall  occasion  that  I 
could  not  com  pleat  it,  however,  I  hope  this  will  by  theire  Lord- 
ship's be  taken  so,  as  that  I  have  discharged  my  duty  to  the 
utmost  of  my  power.  As  for  having  drove  of  any  poore  people 
off  of  the  Island,  it's  so  far  from  that,  that  I  have  given  them  all 
the  incouragment  and  protection  in  my  power,  even  to  the 
disobliging  of  some  of  the  great  Planters,  and  as  for  dispossessing 
any,  I  have  not,  for  that  Stoddard,  that  has  lodged  a  petition 
against  me,  had  never  any  grant,  or  right,  nor  had  he  made  near 
a  third  the  improvements  he  set's  forth  in  his  falce  petition,  as 


350  COLONIAL  PAPERS. 

1718. 

you  will  perceive  by  my  answer,  neither  had  that  fellow  any 
manner  of  claime  to  H.M.  bounty,  having  shamefully  deserted  his 
command,  and  flew  to  the  mountaines  when  the  French  landed 
upon  St.  Kitts  in  170f  when  he  comanded  a  militia  company,  and 
there  remaind  till  the  enemie  was  gon,  by  which  means  I  lost  a 
strong  pass,  and  the  reason  I  gave  a  grant  for  that  plantation  to 
Majr.  Milliken,  was,  that  he  was  well  able  to  setle  it,  and  thereby 
H.M.  revenew  improved  etc.,  but  all  this  without  the  least  profitt 
to  my  self  e,  and  with  no  other  viwe  than  the  well  setling  of  the 
Collony,  for  I  assure  you  I  have  no  regard  to  person's  in  the  way  of 
doing  Justice,  but  if  every  litle  complaint  against  Governours  is 
taken  notice  of,  it  is  the  greatest  discouragment  immaginable  ; 
for  by  this  means,  every  litle  fellow  if  he  doth  but  immagine  that 
he  has  the  least  hardship  done  him,  he  is  immediatly  for  going 
home,  and  there  they  meet  with  some  of  my  implacable  enemies 
to  support  them  etc.  I  thank  God,  I  have  a  clear  and  safe 
conscience,  that  I  have  wronged  no  boddy,  but  if  a  Governour  must 
be  complained  against  for  doing  his  duty,  and  by  that  means  put 
to  a  great  deale  of  charge,  and  trouble  to  himself  e  and  friends, 
it  is  enough  to  discourse]  them  from  doing  theire  duty,  as  in 
the  case  of  Mrs.  Assaillie,  where  my  conduct  was  aproved  by  H.M. 
and  Councill,  but  still  no  reparation  order 'd  to  be  made  me.  I 
am  sorry  to  find  theire  Lordship's  should  receive  any  impressions 
to  my  prejudice,  without  first  letting  me  know,  and  to  hear  what 
I  could  say  in  my  owne  justification,  which  I  beg  for  the  future 
if  any  such  thing  should  againe  happen,  you  will  use  your 
endeavours  and  interest  to  procure  for  me.  One  Mr.  John 
Spooner  Solicitor  Generall  of  these  Islands,  and  a  verry  worthy 
honest  Gentleman  will  waite  on  you,  I  have  recommended  him 
to  theire  Lordship's  for  part  of  the  unmanured  land  Mr.  Douglas 
our  late  Generall  stands  possess 'd  of,  but  now  without  a  grant, 
if  you  can  any  way  befriend  him,  or  do  him  any  servis,  I  beg 
you  will  afford  him  your  best  assistance,  he  is  a  person  very 
capable  to  informe  theire  Lordships  about  the  state  of  these 
Islands,  and  in  particular  as  to  my  conduct.  I  hope  long  before 
this  you  have  seen  my  spouse,  (by  whom  I  sent  you  a  second  black 
bearded  litle  Lady,  the  pretty est  of  the  sort  that  I  ever  did  see) 
with  whom  I  hope  you  have  had  a  pretty  deale  of  discourse,  to 
whom  I  refer  you  as  to  any  affaires  of  mine  etc.  Compliments. 
My  most  humble  servis  attends  good  Mrs.  Popple,  and  all  your 
pretty  family,  and  I  remaine  for  ever,  my  dear  Popple,  your  most 
obliged,  and  verry  much  devouted  humble  servant.  Signed, 
W.  Hamilton.  Endorsed,  Reed.  14th  Nov.,  Read  16th  Dec.,  1718. 
Holograph.  ±pp.  [C.O.  152,  12.  No.  117.] 

Sept.  10.  692.  Governor  Hamilton  to  the  Council  of  Trade  and  Planta- 
Autigua.  tions.  As  soon  as  I  had  the  honour  to  receive  yours  of  the  28 
of  January  last  which  was  in  June,  I  applied  myself  to  perform 
the  several  particulars  which  you  thereby  directed,  and  as  the 
most  effectual  means  to  hinder  the  inhabitants  of  Anguilla  and 
those  Islands  from  dispersing  and  going  to  settle  at  Crabb  Island 
I  caused  a  Proclamation  to  be  issued  and  published  at  St. 


AMERICA   AND    WEST   INDIES.  351 

1718. 

Christophers  and  each  of  those  Islands,  enclosed,  which  I  hope  will 
meet  your  approbation.     Refers  to  enclosed  account  of  grants  in 
St.  Christophers  and  repeats  part  of  preceding.    Adds  : — I  doubt 
the  accounts  which  some  have  given  of  their  negroes  and  improve- 
ments do  exceed  what  they  have  on  their  lands  etc.     On  the  16 
ultimo  there  happen'd  a  storm  which  forced  several  ships  and 
sloops  ashore  at  St.   Christopher's  where  they  were  lost  and 
destroyed  by  the  violence  of  the  weather  etc.     I  was  in  great 
hopes  that  the  method  for  the  disposal  of  those  lands  would  have 
been  adjusted  ere  now.     I  do  assure  your  Lordships  that  they 
give  me  more  trouble  than  all  the  other  business  of  my  Govern- 
ment and  that  even  without  one  penny  profit  to  me  in  any  respect 
etc.  as  preceding.     I  know  not  what  former  Governours  may  have 
got  by  renewing  of  grants  or  making  alterations,  but  I  do  affirm 
to  your  Lordships  that  I  never  got  one  groat  for  anything  of  that 
kind  neither  have  I  made  any  alterations  save  the  two  mentioned 
in  the  list  and  remarks  now  sent,  my  reasons  for  which  you  will 
find  there,  and  tho'  there  are  several  persons  in  possession  of  good 
parcells  ,of  lands  which  I  think  do  not  deserve  the  same  yet  I 
do  assure  your  Lordships  I  have  admitted  them  to  continue,  and 
was  resolved  so  to  do  even  before  I  received  your  Lordships 
directions  not  to  make  any  future  alterations,  to  which  you  may 
therefore  please  to  be  assured  that  I  shall  the  more  strictly  conform. 
At  the  time  of  my  issuing  the  Proclamation  I  wrote  to  the 
President  of  St.  Christophers  as  well  as  to  the  Presidents  of  the 
other  Islands   to  use  their  utmost  endeavours  to  hinder  the 
inhabitants  of  those  Islands  from  leaving  the  same,  and  withall 
I  desired  that  if  there  were  any  lately  removed  from  them,  they 
would  let  me  know  the  numbers,  together  with  what  they  believed 
to  have  been  the  cause  thereof,  but  as  yet  I  have  not  had  any 
answer  thereto,  so  presume  there  are  few  or  none  gone,  but  those 
which  I  formerly  gave  your  Lordships  an  account  of,  to  prevent 
which  your  Lordships  may  remember  the  methods  that  I  then 
took  which  were  the  only  means  that  I  conceived  proper  to  be 
used,  and  upon  the  whole  I  am  in  hopes  your  Lordships  will 
believe  I  have  been  so  far  from  forcing  or  encouraging  any  to 
leave  these  Islands  that  I  have  taken  all  the  prudent  measures 
I  could  to  prevent  the  same.     Refers  to  enclosed  account  of  imports 
etc.     And  as  to  your  Lordships'  commands  of  the  4  Oct.  last 
requiring  me  to  send  you  a  distinct  account  of  the  several  branches 
of  the  Revenue  in  this  Government  and  the  constant  expences 
thereof,  I  must  beg  leave  to  acquaint  your  Lordships  that  I  have 
often  recommended  the  same  to  the  Council  and  Assembly  of 
each  Island  but  cannot  get  an  answer  thereto,  so  it  is  not  in  my 
power  to  comply  at  present  etc.     I  likewise  observe  your  Lord- 
ships commands   about  sending  constant  informations  of  the 
number  of  acres  granted  by  H.M.  to  the  several  Planters  within 
my  Government  with  the  rents  reserved  thereupon  for  answer 
whereto  your  Lordships  will  please  to  observe  that  there  has  not 
been  one  forfeiture  or  escheat  of  lands  to  H.M.  since  my  coming 
to  the  Government  so  that  there  has  not  been  anything  for  me  to 
give  or  grant  away  ;  Indeed  I  have  passed  some  few  patents  in 


362  COLONIAL  PAPERS. 

1718. 

this  Island  as  well  as  the  other  Islands  but  it  has  been  for  lands 
which  had  been  given  away  by  former  Governours,  the  grantees 
of  which  have  desired  the  same  more  for  their  own  satisfaction 
than  any  great  benefit  they  could  expect  for  the  same.  So  that 
in  reality  there  has  been  nothing  given  away  belonging  to  H.M. 
since  my  arrival.  The  rents  generally  reserved  upon  such  grants 
are  one  ear  of  Indian  corn  to  be  paid  upon  certain  days  limitted 
by  their  grants,  if  lawfully  demanded.  As  to  your  Lordships' 
[enquiry],  how  the  publick*  accounts  are  audited,  refers  to  former 
letters,  and  to  his  account  of  Spaniards  attacking  Crab  Island  etc. 
Continues : — Since  which  I  have  an  account  that  they  have  also 
at  Tertuga  alias  Saltatudas  taken  a  ship  and  a  sloop  belonging  to 
the  subjects  of  H.M.,  the  which  ship  was  commanded  by  one 
Joseph  Bos  worth,  and  the  sloop  by  one  Anthony  Attwood  etc. 
Refers  to  enclosures.  Continues  : — They  have  also  taken  several 
small  sloops  belonging  to  these  Islands  which  only ,  went  to 
Crabb  Island  and  St.  Cruix  to  get  turtle,  of  which  I  think  it  my 
duty  to  acquaint  your  Lordships  that  you  may  take  such  measures 
therein  for  the  relief  of  the  parties  concerned,  as  in  your  wisdom 
you  shall  deem  most  convenient.  I  formerly  gave  your  Lordships 
an  account  that  the  Dutch  yearly  imported  great  quantities  of 
negroes  to  St.  Eustatia  and  that  several  were  brought  from  thence 
to  St.  Christophers  and  the  rest  of  these  Islands  in  English  vessells, 
for  payment  whereof  'tis  supposed  that  great  quantities  of  sugars 
are  carried  by  stealth  from  the  English  Islands  to  the  said  Island 
of  St.  Eustatia,  to  the  great  prejudice  not  only  of  H.M.  Revenue 
but  of  the  fair  and  honest  English  trader  but  as  yet  I  have  had 
no  answer  thereto,  wherefore  I  humbly  beg  leave  to  put  your 
Lordships  in  mind  thereof  and  to  pray  that  you  will  be  pleased  to 
signifie  to  me  by  the  first  whether  you  think  negroes  bought  with 
Dutch  goods  upon  the  coast  of  Africa  and  brought  from  thence 
in  Dutch  vessells  may  lawfully  be  brought  into  any  of  H.M. 
Plantations  in  an  English  bottom,  after  having  been  first  landed 
upon  St.  Eustatia.  Signed,  W.  Hamilton.  Endorsed,  Reed.  1 1th, 
Read  16th  Dec.,  1718.  3J  pp.  Enclosed, 

692.  i.  Proclamation  by  Governor  Hamilton,  13th  June,  1718. 
Quotes  from  letter  of  Council  of  Trade  28th  Jan.,  and 
forbids  the  inhabitants  of  Anguilla,  St.  Kitts  and 
the  other  Leeward  Islands  to  go  and  settle  on  Crab 
Island.  Those  who  have  gone,  but  now  return,  shall 
have  all  the  protection  and  encouragement  in  his  power, 
and  free  grants  of  waste  lands  etc.  Instructions  for 
obtaining  these.  Hopes  to  obtain  for  them  parcels  of 
lands  in  the  late  French  part  of  St.  Kitts  when  it  is 
disposed  of  etc.  Signed  and  endorsed  as  preceding.  1  p. 
692.  ii.  An  account  of  the  qualifications  of  97  grantees  of  the 
French  part  of  St.  Kitts,  together  with  Governor 
Hamilton's  reasons  for  the  grants  given  by  him  in  that 
part  of  the  Island.  Same  endorsement.  13|  pp. 
692.  iii.  Governor  Hamilton  to  the  Lords  of  H.M.  Privy  Council. 
12th  Aug.,  1718.  Reply  to  petition  of  Christopher 
Stoddard.  v.  supra.  Same  endorsement.  Copy.  3J  pp. 


AMERICA    AND    WEST    INDIES  353 

1718. 

692.  iv.  Proclamation  by  Governor  Hamilton,  Antigua,  13th 
June  ,1718.  All  persons  holding  lands  in  the  late  French 
part  of  St.  Kitts  are  to  deliver  copies  of  their  grants  to 
him  at  Antigua  by  25th  July,  with  an  account  of  the 
improvements  they  have  made  on  each  parcell  of  land 
and  how  long  they  have  been  in  possession,  and  by  whom 
and  when  their  grants  were  first  given.  Same  endorse- 
ment. 1  p. 

692.  v.  Return  by  the  97  grantees  of  lands  in  the  late  French 
part  of  St.  Kitts  in  accordance  with  preceding  Proclama- 
tion. Signed,  W.  Hamilton.  Same  endorsement.  2| 
large  pp.,  folded. 

692.  vi.  Deposition  of  Anthony  Attwood,  Master  of  the  sloop 
Mary  and  Elizabeth.  Antigua,  4th  Sept.,  1718.  Depo- 
nent sailed  from  Antigua  for  Tertuga  and  on  3rd  July 
saw  the  ship  Neptune  which  was  in  company  with  him 
boarded  by  a  periaga  or  row-galley,  upon  which  deponent 
put  his  sloop  under  sail,  but  the  periaga  boarded  him, 
overcame  the  crew  and  carried  the  sloop  into  Cumana. 
The  periaga  was  commanded  by  Dago  Pocheet,  who 
showed  a  Commission  from  the  Governor  of  Cumana. 
On  13th  Aug.  after  several  times  petitioning  the  Governor 
deponent  was  ordered  away  in  a  boat  with  his  sloop's 
crew  and  Capt.  Bosworth  and  the  Neptune's  crew. 
Deponent  had  no  salt  or  anything  else  of  the  growth  or 
produce  of  Tertuga  etc.  Signed,  Anthony  Attwood. 
l%pp. 

692.  vii.  Deposition  of  John  Harris,  Antigua,  4th  Sept.,  1718. 
Deponent,  a  sailor  on  board  the  Mary  and  Elizabeth, 
corroborates  preceding.  Signed,  John  Harris.  1  p. 

692.  viii.  Deposition    of    Joseph    Bosworth,    Master    of    the 

Neptune.  Antigua,  3rd  Sept. ,1718.  Narrates  experience 
similar  to  that  of  Attwood,  No.  vi.  1J  pp.  Nos.  vi.-viii. 
endorsed  as  letter.  [C.O.  152,  12.  Nos.  118,  118  i.-viii.  ; 
and  (extract  of  covering  letter  and  copies  of  Nos.  vi.-viii.) 
152,  39.  Nos.  131,  131  i.  ;  and  (copy  of  covering  letter) 
152,  39.  No.  130.] 

Sept.  ij.        693.     Commandant  Van  der  Heyden  Rezen  to  the  Directors 
Rio  Essequebe.  of  the  Dutch  West  India  Company.     Signed,  Pr.  Van  der  Heyden 
Rezen.     Endorsed,  Read  15th  Dec.  (N.S.),  1718.     Dutcli.     15pp. 
Enclosed, 

693.  i.  Minutes  of  the   Court  in  Essequibo.     Aug.   2,    1718. 

Dutch.     8  pp. 

693.  ii.  OrdersbyCommandantVanderHeydenRezenconcern- 
ing  Herman  Winkler  etc.  26th  July-18th  Aug.,  1718. 
Dutch.  5pp.  [C.O.  116,  21.  Nos.  164,  164  i.,  ii.] 

Sept.   1 2         694.     Lords  Proprietors  of  Carolina  to  Francis  Yonge,  Surveyor 

St.  James's.    General.     You  were  by  your  Instructions,  deliver'd  to  you  with 

our  Commission  to  be  our  Surveyor  Genl.,  directed,  as  all  your 

predecessors  have  been,  to  make  entries,  and  keep  a  true  record 

Wt.  441.  C.P.  23. 


354 


COLONIAL  PAPERS. 


1718. 


Sept.  12. 

St.  James's. 


Sept.  12. 

St.  James's. 


of  all  lands  which  you  shou'd  admeasure  and  set  out  to  any  person 
whatsoever  and  you  were  desir'd  to  transmit  to  us  particular 
accounts  of  all  the  lands  that  have  been  taken  up  before  your 
entring  upon  your  office,  as  also  what  you  admeasur'd  and  set 
out  since  the  date  of  your  Commission  ;  We  take  this  opportunity 
of  putting  you  in  mind  of  this  part  of  your  duty  and  desire  you 
to  send  us  such  accounts,  as  by  your  Instructions  you  are 
directed,  by  the  first  opportunity.  Signed,  Carteret,  P.,  Ja. 
Bertie  for  D.  of  'B[eaufort])  M.  Ashley,  J.  Colleton,  J.  Danson. 
[0.0.  5,  290.  p.  123.] 

695.  Same  to  the  Governor  and  Council  of  South  Carolina. 
Whereas  it  was  agreed  at  our  Board  formerly,  that  in  consideration 
of  the  many  and  great  abuses  that  were  constantly  committed 
by  the  exorbitant  grants  of  land  that  were  made  in  our  Province 
of  South  Carolina,  far  exceeding  and  contrary  to  our  Commissions 
and  Instructions  to  our  Govrs.  and  Officers  no  more  land  shou'd 
be  sold  from  thenceforth,  except  what  shou'd  be  sold  by  ourselves 
at  our  Board  ;  and  whereas  we  have  at  the  instance  and  request 
of  several  of  the  inhabitants  of  our  Province,  consented  to  suspend 
that  our  order  and  resolution  and  have  since  permitted  our 
Agents  to  sell  our  land  to  purchasers  as  formerly,  yet  we  perceive 
that  the  abuses  abovemention'd  are  rather  increas'd  since  our 
late  indulgence  ;  conveyances  and  disposals  of  our  land  having 
been  endeavour'd  to  be  made  without  our  knowledge  or  consent, 
and  that  all  grants  of  land  heretofore  made  in  our  province,  are 
in  such  a  disorderly  and  confus'd  condition  that  no  regular  account 
can  be  given  of  the  same,  nor  can  any  estimate  or  calculation  of 
the  rents  or  reservations  made  to  us  by  reason  of  such  grants  be 
any  ways  made  up  or  transmitted  to  us  ;  for  preventing  therefore 
such  enormous  practices  and  abuses  for  the  future,  we  have 
resolv'd,  and  we  do  hereby  strictly  charge  and  command  you  our 
Govr.  and  Council,  that  you  do  not  consent,  permit  or  suffer  any 
more  of  our  land  to  be  admeasur'd  and  set  out  to  any  person 
whatsoever  without  our  consent  and  approbation  be  first  obtain'd 
upon  that  accot.     Signed,  Carteret,  P.  ;  Ja.   Bertie  for  D.  of 
^lean/or t],  Fulwar  Skipwith  for  L.  C[raven],  M.  Ashley,  J.  Colleton, 
J.  Danson.     [0.0.  5,  290.    pp.  124,  125.] 

696.  Same   to   Mr.    Secretary   Hart.     You    were   by   your 
Commission  from  us  authoriz'd  and  directed  to  receive  from  the 
Surveyor   General    all   certificates    of   land   by   him    survey'd, 
pursuant  to  the  warrts.  to  him  directed,  and  you  were  therein 
authoriz'd  to  draw  up  all  the  conveyances  of  land,  and  when  such 
conveyances  were  executed  you  were  by  your  Commission  directed 
to  inroll  them.     In  your  Instructions  you  were  to  register  all 
warrants  to  the  Surveyor  General  for  setting  out  land  to  such 
person  who  shall  come  into  your  Province  to  plant,  and  the 
Surveyor  Genls.  return  etc.    And  in  another  Article  of  your 
Instructions  you  were  directed  to  transmit  to  us  yearly  a  true 
account  of  all  our  rents,  and  the  arrears  of  the  same,  what  lands, 
in  what  county,  to  whom  and  for  what  sold.     Tho'  you  have  not 


AMERICA  AND  WEST  INDIES. 


355 


1718. 

been  so  regular  in  obeying  our  Instructions  and  Orders  as  you 
ought  to  have  been,  nor  have  you  transmitted  to  us  yearly  as  the 
duty  of  your  office  required  you,  an  account  of  our  Chief  ;  yet 
we  doubt  not  but  that  all  the  conveyances  that  have  been  made 
of  land  have  been  constantly  enrolTd  in  your  office,  and  the 
warrts.  and  the  returns  thereof  have  been  duly  register'd,  by 
which  means  you  may  with  ease  send  us  an  exact  and  just  accot. 
of  what  lands  have  been  convey'd  and  granted  away  to  any 
person  whatsoever,  with  the  conditions  and  reservations  therein 
contain'd,  and  the  counties  wherein  such  land  lies  since  you  have 
executed  the  office  of  our  Secretary.  We  hereby  therefore  strictly 
require  you  forthwith  to  send  us  such  an  accot.,  together  with  a 
transcript  of  what  lands  etc.  have  been  heretofore  register'd  and 
enter'd  at  your  Office  at  any  time  before  you  executed  that 
imployment.  Signed  as  preceding :  [(7.0.  5,  290.  pp.  125,  126.] 

Sept.  12.  697.  R.  Shelton  (Secretary  to  the  Lords  Proprietors  of 
St.  James's.  Carolina)  to  Coll.  Rhet.  I  having  inform'd  the  Lords  of  a 
clause  in  your  letter  to  me,  after  your  safe  arrival  in  Carolina, 
wherein  you  signify  your  desire  to  the  Lords  Proprietors,  and  in 
order  thereunto  you  had  at  last,  tho  with  some  difficulty  and 
charge  procur'd  a  copy  of  the  assessors  lists,  (and  counties  they 
reside  in)  of  lands,  with  the  persons  names  and  quantity  of  lands 
they  hold,  by  which  means  you  thought  you  shou'd  be  the  better 
inabled  to  charge  the  Lords  tenants  with  their  several  and 
respective  rents,  and  to  send  them,  tho'  perhaps  not  an  exact, 
yet  a  better  roll  than  you  have  been  hitherto  able  to  procure  ; 
The  Lords  therefore  upon  this  account  have  commanded  me  to 
return  you  their  thanks,  and  to  desire  you  to  make  up  a  rent 
roll  according  to  the  assessors'  lists  of  lands  in  your  hands,  as 
soon  as  you  can,  and  to  transmit  the  same  to  them  by  the  first 
opportunity.  Signed,  R.  Shelton.  [(7.0.  5,  290.  p.  127.] 

Sept.  15.  698.  Sir  Charles  Cox  to  Mr.  Popple.  I  hear  a  report  that 
South wark.  the  Governr.  of  Barbadoes  has  suspended  my  brother  Samuel 
Cox  from  the  Councill  etc.  Prays  to  be  heard  before  that  suspen- 
sion be  confirmd.  Signed,  Charles  Cox.  Endorsed,  Reed.  16th, 
Read  23rd  Sept.,  1718.  Addressed.  Jrd  p.  [C.O.  28,  15. 
No.  36.] 

Sept.  27.  699.  Lt.  Governor  Spotswood  to  the  Council  of  Trade  and 
Virginia.  Plantations.  Abstract.  Acknowledges  receipt  of  Mr.  Beresford's 
Memorial  relating  to  the  danger  of  the  French  settlements  etc. 
Explains  the  difficulties  he  will  meet  with  in  getting  a  law  passed 
to  redress  the  frauds  complained  of  in  the  pitch  and  tar  trade 
(v.  5th  March).  Continues : — The  persons  chiefly  concerned  in 
that  manufacture,  are  of  the  meanest  of  the  people,  who  have  no 
other  view  than  the  passing  it  off  to  the  merchant  here,  and  if  they 
can  conceal  their  false  packing  from  his  knowledge,  have  as  little 
concern  for  the  reputation  of  their  commoditys  in  the  British 
markett,  as  they  have  for  their  own  here  ;  yet  these  people  having 
a  great  influence  in  the  election  of  Burgesses,  it  is  difficult  to 


356  COLONIAL   PAPERS. 

1718. 

perswade  those  who  receive  a  benefite  by  their  votes,  to  pass  an 
Act  so  prejudicial  to  their  interest,  as  that  of  obliging  them  to  a 
greater  honesty  would  be  etc.  Besides  it  is  evident  that  the 
Virginia  merchants,  tho  they  are  as  apt  as  any  to  clamour  against 
frauds  in  this  country's  manufactures,  are  the  most  difficult  to  be 
pleased  in  any  regulations  made  therin  here.  Proposes  that  the 
merchants  prepare  a  scheme  of  such  regulations  as  they  will  be 
content  to  submit  to,  for  preventing  abuses  in  that  trade.  "  And 
I  shal  be  ready  to  use  my  utmost  endeavours  to  bring  the  Assembly 
into  the  passing  a  law  conformable  thereto  ;  for  otherwise  I'm 
pers waded  that  no  measure  projected  here  will  content  them  " 
etc.  Refers  to  their  obtaining  the  repeal  of  the  Acts  for  preventing 
frauds  in  tobacco  payments,  and  for  regulating  the  skin  trade,  tho 
never  were  any  laws  attended  with  more  remarkable  success  etc., 
and  to  the  daily  inconveniencys  that  arise  by  recurring  to  the 
loose  way  of  managing  the  Indian  trade  wch.  the  repealed  Act 
for  regulating  it  was  calculated  to  prevent,  and  by  destroying 
that  security  to  the  frontiers  wch.  it  had  so  well  provided  for  etc. 
It  was  in  Aug.  1714  that  I  began  to  build  the  Fort  of  Christanna 
etc.,  and  from  that  time  there  was  not  so  much  as  one  alarm  to 
occasion  the  ordering  out  the  Militia,  as  had  been  usual  for  many 
years  before  :  but  now  the  Northern  Indians  and  Tuscoruros 
begin  again  their  customary  incursions,  and  about  the  begining 
of  last  month  murdered  a  man  at  one  of  the  out  Plantations.  A 
more  dangerous  design  has  been  formed  by  them  in  our  neighbour- 
ing province  of  North  Carolina  to  cutt  off  the  new  seat  of  Governmt. 
there,  and  the  neighbouring  settlements  and  they  had  so  far 
proceeded  therin  as  to  attack  a  plantation  within  less  than  half  a 
mile  of  the  Governors  residence  ;  but  the  design  having  been 
timely  discovered,  the  people  were  upon  their  guard,  and  the 
Indians  were  beat  off.  Nevertheless  this  has  so  much  alarmed 
the  inhabitants  that  many  plantations  are  deserted,  and  the 
Governor  is  even  withdrawing  his  family  to  a  place  of  more  safety. 
The  Saponie  Indians  settled  at  Christanna,  have  been  also 
threatened  by  these  Northern  Indians,  who  even  went  so  far  as 
to  send  a  message  to  the  officer  commanding  that  fort  demanding 
those  Indians  to  be  delivered  up  to  them  :  but  tho  our  Assembly 
thought  fitt  to  abandon  those  Indians  by  refusing  to  keep  any 
longer  a  guard  at  that  fort,  (contrary  to  the  publick  faith  of  the 
Governmt.  wch.  is  engaged  by  a  Treaty  for  their  protection  in  that 
manner)  and  tho  they  seemd  bent  upon  discouraging  the  late 
Indian  Company  from  contributing  any  more  to  the  security  of 
that  place,  by  that  extraordinary  vote  of  theirs  on  the  24th  of 
May,  when  the  Burgesses  resolved  that  the  Governmt.  be  not 
enabled  to  performe  its  engagements  to  the  late  Indian  Company 
for  rebuilding  Fort  Christanna  ;  I  could  not  think  myself  excusable 
in  treating  so  inhumanely  a  people  that  had  voluntarily  submitted 
to  this  Government,  desired  to  be  ruled  according  to  such  methods 
as  we  should  prescribe,  and  agreed  to  have  all  their  children 
brought  up  Christians  at  the  school  wch.  I  have  settled  there  ; 
and  therefore  I  removed  them  into  the  Fort,  which  the  late 
Indian  Company  had  after  their  dissolution  at  the  desire  of  the 


AMERICA   AND   WEST  INDIES. 


357 


1718. 


Government  rebuilt,  and  made  of  sufficient  strength  to  baffle 
any  Indian  enemy  ;  and  the  Northern  Indians  being  sensible  that 
it  was  impracticable  to  attack  them  there,  have  since  offerred 
them  peace,  and  a  kind  of  treaty  is  concluded  between  them, 
whereby  they  are  to  forbear  all  hostilitys  against  one  another. 
It  were  to  be  wished  that  the  Assembly  of  Virginia,  laying  aside 
their  more  refined  politicks  had  consulted  as  much  the  safety  of 
the  people  they  represent  by  renewing  the  peace  with  those 
Northern  Indians,  before  they  are  tempted  to  fresh  hostilitys  : 
but  whatever  may  befall  either  this  Government  or  its  neighbours 
from  those  Indians  will  be  imputed  to  this  obstinacy  of  the 
Virginia  Assembly  in  refusing  to  enter  into  any  measures  with 
them,  and  I  must  plainly  charge  it  on  that  factious  party  in  the 
Council  here,  who  rather  chuse  to  ruine  their  countrey  than  to 
second  anything  I  project  for  the  King's  service,  or  the  publick 
benefite,  it  being  urged  by  one  of  their  party  in  the  House  of 
Burgesses  as  his  reason  for  not  complying  with  my  measures  for 
defence  of  the  country,  that  the  approbation  of  those  measures 
by  that  House  would  do  me  too  much  service  at  Whitehall :  but 
I'm  as  little  apprehensive  of  their  being  able  to  distress  my 
administration  on  this  or  any  other  occasion,  as  I  am  of  their 
succeeding  at  yor.  Lordps.  Board  etc.  Prays  that  Mr.  Byrd,  who 
has  been  absent  3J  years,  may  be  removed  from  the  Council,  and 
Mr.  Cole  Digges  put  in  his  place,  etc.  Set  out,  Spotswood  Papers, 
II.  304.  Signed,  A.  Spotswood.  Endorsed,  Reed.  24th  Nov., 
1718,  Read  24th  Feb.,  17f§.  5  pp.  [C.O.  5,  1318.  No.  56  ; 
and  5,  1365.  pp.  173-183.] 

Sept.  29.  700.  Governor  Shute  to  the  Council  of  Trade  and  Plantations. 
Boston,  Refers  to  letter  of  26th  June  and  replies  to  their  Lordships'  last  letter. 

ew  .Lng  and.  (jon^nues  • — ^s  to  the  Revenues  and  the  constant  and  regular 
expence  of  the  Government  they  are  uncertain.  The  Governor 
nor  Lieut.  Govr.  have  no  fixed  sallery  assigned  them  but 
whatever  falls  short  in  any  years  tax  is  made  good  at  the  next 
meeting  of  the  Assembly  the  particulars  of  the  whole  your  Lordps. 
will  find  in  the  Treasurer's  accompt  herewith  inclosed.  The 
Provinces  under  my  care  are  upon  a  different  footing  from  the 
other  Provinces  in  America  as  to  quit-rents  ;  when  any  number 
of  acres  are  granted  there  is  no  rent  reserved  for  H.M.  ;  but  in 
case  any  gold  or  silver  mines  or  precious  stones  should  be  found 
in  any  of  the  said  lands  the  fifth  part  is  reserved  to  the  Crown. 
I  have  taken  notice  to  the  last  Assembly  of  the  great  complaints 
that  have  been  made  against  the  pitch  and  tar  ;  and  there  are 
such  directions  given  to  the  officers  that  (I  hope  for  the  future) 
there  won't  be  any  more  complaints  of  that  kind.  The  accompts 
of  the  exports  and  imports  for  3  years  which  I  sent  by  the  Collector 
of  Rhoad  Island,  I  hope  is  long  since  arrived  at  the  Honble. 
Board  ;  and  have  now  sent  inclosed  the  account  of  the  last  years 
exports  and  imports  as  also  an  account  of  the  powder,  expended 
in  both  Provinces.  I  have  also  sent  a  Memorial  with  two 
affidavits  against  Dr.  Cooke  which  I  suppose  Mr.  Bridger  hath 
sent  already,  which  I  shew'd  to  the  Council  who  were  very  much 


358  COLONIAL  PAPERS. 

1718. 

surprized  at  it  and  were  of  a  quite  different  opinion  from  that 
Gentleman,  which  was  all  that  was  done  upon  it ;  whereupon  I 
thought  it  very' much  for  the  King  my  Master's  service  to  remove 
Dr.  Cooke  from  the  Council  Board.  The  Memorial  your  Lordps . 
enclosed  to  me  concerning  the  progress  the  French  have  made 
in  America,  I  have  carefully  perused  and  find  it  will  not  in  the 
least  affect  either  the  Province  of  the  Massachusetts  or  New 
Hampshire  because  of  the  vast  distance  and  large  tracts  of  thick 
woods  that  seperate  the  French  from  us  ;  and  have  sent  a  map 
printed  here  since  my  arrival  wherein  all  their  Forts  are  mark'd 
which  I'm  informed  are  not  kept  in  good  repair.  But  if  a  war 
should  break  out  betwixt  the  Crown  of  Great  Britain  and  France 
these  Provinces  might  be  forceibly  attacked  from  Cape  Breton. 
There  being  three  vacancies  by  the  death  and  non  acceptance  of 
some  Councillers  of  New  Hampshire  I  would  recommend  to  your 
Lordps.  Archibald  Mackphedres  Nicholas  Gillmon  and  Peter 
Wear  Esqrs.  (who  are  persons  well  affected  to  H.M.  Government 
and  in  considerable  circumstances)  to  compleat  the  number  of 
that  Board  etc.  I  have  been  at  Rhoad  Island  and  ordred  that 
part  of  my  Commission  wherein  H.M.  is  pleased  to  give  me  the 
command  of  the  Militia  there  in  time  of  war  and  imminent  danger 
to  be  read  upon  which  the  Council  desired  time  to  consider  of  it 
and  at  last  have  told  me  they  the  General  Assembly  can't  consent 
to  it  because  it  is  contrary  to  the  Charter  granted  to  them  by 
King  Charles  II.  The  Indians  by  the  instigation  of  their  Jesuits 
have  of  late  been  very  insolent  but  I  am  still  in  hopes  I  shall  be 
able  to  prevent  a  war  breaking  out  wch.  wou'd  prove  very 
distinctive  to  ye  Eastern  settlemt.  Signed,  Samll.  Shute. 
Endorsed,  Reed.  28th  Nov.,  Read  4th  Dec.,  1718.  3  pp. 
Enclosed, 

700.  i.  Mr.  Bridger  to  Governor  Shute.     Duplicate  of  No.  616, 

iii. 

700.  ii.,  iii.  Duplicates  of  No.  616,  vi. 

700.  iv.  Account  of  H.M.  Revenue  in  the  Massachusetts  Bay 
May  1717-1718,  signed  and  sworn  to  by  Jeremiah  Allen, 
Treasurer.  Boston,  July  23,  1718.  Total,  £47,670  15*. 
Endorsed  as  covering  letter.  27  pp. 

700.  v.  Account  of  the  Revenue  of  New  Hampshire,  1715,  1716. 
Sworn  to  by  Saml.  Penhallow,  12th  May,  1718.  Total, 
£1938  185.  Id.  Same  endorsement,  3  pp. 
700.  vi.  Account  of  the  Revenue  of  New  Hampshire  1716,  1717. 
As  preceding.  Total,  £1300  Is.  U.  Same  endorsement. 
2pp. 

700.  vii.  Account  of  foreign  commodities  imported  at  Boston, 
Midsummer  1717-1718.  cf.  No.  620,  i.  Signed,  John 
Jekyll.  Same  endorsement.  1  p. 

700.  viii.  Account  of  powder  expended  at  Fort  William  and 
Mary,  Oct.,  1717— July,  1718.  Signed,  J.  Wentworthy, 
Capt.  Same  endorsement.  1  p. 

700.  ix.  Account  of  Stores  of  war  expended  at  Castle  William, 
Midsummer  1717-1718.  Signed,  Za.  Tuthill,  Lt.  Same 
endorsement.  1  p. 


AMERICA    AND    WEST    INDIES. 


359 


1718. 

700.  x.  Account  of  stores  of  war  at  Castle  William,  June  24, 
1718.  Signed  and  endorsed  as  preceding.  1  p.  [C.O. 
5,  8G7.  Nos.  18,  18  i.-x.  ;  and  (without  enclosures)  5, 
915.  pp.  232-237.] 

Sept.  29.        701 .     Office  expenses  of  the  Board  of  Trade,  June  24— Sept.  29, 
1718.     [C.O.  388,  77.     Nos.  48,  51,  54.] 


-  Sept.] 

River 
Easequibo. 


Oct.  2. 

Whitehall. 


[Oct.  3.] 


Oct.  4. 


Oct.  7. 
Whitehall. 


Oct.  7, 


702.  Petition  of  A.  Hollander  and  others  to  the  Directors  of 
the   Dutch   West  India  Company.     Signed,   A.   Hollander  and 
other  settlers.     Endorsed,   Reed.   6th  July  (N.S.),   1719.     Dutch. 
6  pp.     [C.O.  216,  21.     No.  162.] 

703.  Council   of   Trade   and   Plantations   to   Mr.   Secretary 
Craggs.     Refer  to  letter  of  3rd  July  last.     We  desire  to  know 
H.M.  pleasure,  whether  the  Commissions  for  trying  pirates  may 
not  now  be  sent  by  the  first  opportunity,  sevl.  of  H.M.  Governors 
having  informd  us  they  have  for  some  time  had  in  custody  pirates 
who   were  taken  and  are   consequently  not   intituld   to   H.M. 
gracious  pardon.     [C.O.  324,  10.    pp.  207,  208.] 

704.  Francis  Carlile  of  Antego,  Gent.,  to  the  Council  of  Trade 
and  Plantations.     Possessed  of  a  considerable  estate  in  Antigua 
and  proposing  to  return  thither,  he  prays  to  be  appointed  to  the 
Council  in  the  room  of  Col.  Wm.  Thomas  deed.     1  p.     [C.O.  152, 
12.     No.  111.] 

705.  Mr.  Barrington  to  Mr.  Popple.     Asks  that  John  Yeamans 
may  be  appointed  to  vacancy  in  Council  of  Antigua,  in  accordance 
with  the  "  promise  "  of  the  Board,     (v.  26th  June).     Signed,  J. 
Barrington.     Endorsed,  Reed.,  (from  Edward  Byam),  Read  9th 
Oct.,  1718.     2^  pp.     [(7.0.152,12.     No.  112.] 

706.  Mr.  Popple  to  Richard  West.     Encloses  letter  and  papers 
from  Mr.  Bridger,  26th  Aug.,  with  his  Commission  and  Instructions 
and  the  Charter  of  the  Massachusets  Bay,  and  H.M.  Instruction 
to  Governor  Shute.     Continues : — I  am  to  desire  you  will  please 
carefully  to  peruse  the  said  papers  and  particularly  to  consider 
whether  Mr.  Bridger's  Instructions  are  sufficiently  vouched  by 
the  Acts  therein  mentioned,  and  whether  it  were  to  be  wished 
that  anything  were  added  to  the  said  Act  or  Acts  to  make  the  same 
more  effectual ;  whereupon  their  Lordps.,  when  you  shall  be 
prepared,  would  be  glad  to  discourse  with  you.     I  desire  you 
will  please  to  return  the  inclosed  book  and  papers.     [C.O.  5,  915. 
p.  219.] 

707.  Merchants  trading  to  New   York  to  the   Council  of 
Trade  and  Plantations.     Pray  that  the  Act  of  New  York  for  pay- 
ment of  debts  may  be  taken  into  consideration,  the  said  act  subsist- 
ing until  H.M.  pleasure  is  known  etc.     Signed,  Charles  Lodwick 
and   7   others.     Endorsed,   Reed.,   Read   8th   Oct.,    1718.     1  p. 
[C.O.  5,  1051.     No.  77.] 


360 


COLONIAL    PAPERS. 


1718. 
Oct.  7. 

Whitehall. 


708.  Mr,  Popple  to  Mr.  West.  Encloses  Act  of  New  York, 
1715,  for  a  general  naturalization,  with  Sir  E.  Northey's  report, 
and  desires  a  draught  of  alterations  proper  to  be  recommended 
to  Governor  Hunter  to  be  passed  into  a  new  law  etc.  [(7.0.  5, 
1124.  #.56.] 


Oct.  7.          709.     Council  of  Trade  and  Plantations  to  the  King.     Recom- 
Whitehall.     mend  repeal  of  Act  of  New  York,  1714,  for  shortening  law  mils, 

quoting  Sir  E.  Northey  and  Governor  Hunter.     [C.O.  5,   1124. 

pp.  57,  58  ;  and  (corrected  draft)  5,  1079.     No.  106.] 

Oct.  9.          710.     Mr.    Popple    to   Mr.    Barrington.     Reply   to   4th    Oct. 
Whitehall.     Quotes  letter  of  26th  June.     Concludes  : — Their  Lordships  will 
consider  this  matter  at  the  first  convenient  opportunity.     [C.O. 
153,  13.     pp.  374,  375.] 


Oct.  9. 

Treasury 
Chambers. 


711.  Mr.  Lowndes  to  Mr.  Popple.  My  Lords  Commrs.  of 
H.M.  Treasury  desire  that  the  Lords  Commrs.  for  Trade  and 
Plantations  will  consider  the  enclosed  and  give  their  Lordps. 
the  best  informacon  they  can  concerning  the  said  woods  and 
H.M.  right  thereunto  with  their  opinion  what  is  fit  to  be  done 
therein.  Signed,  W.  Lowndes.  Endorsed,  Reed.,  Read  15th 
Oct.,  1718.  Addressed.  I  p.  Enclosed, 

711.  i.  Mr.  Bridger  to  the  Lords  of  the  Admiralty.  Duplicate 
of  26th  Aug.  [C.O.  5,  867.  Nos.  15, 15  i.  ;  and  (without 
enclosure)  5,  915.  p.  220.] 


Oct.  9. 

Admty. 
Office. 


712.  Mr.  Burchett  to  Mr.  Popple.  Has  written  to  Capts. 
Passenger  and  Wade  to  attend  the  Board  of  Trade  upon  New- 
foundland matters  etc.  Signed,  J.  Burchett.  Endorsed,  Reed. 
9th,  Read  10th  Oct.,  1718.  Addressed.  %  p.  [C.O.  194,  6. 
No.  51.] 


Oct.  10.  713.  Governor  Sir  N.  Lawes  to  the  Council  of  Trade  and 
Jamaica.  Plantations.  Acknowledges  letter  of  July  25th  with  Commission 
for  pardoning  pirates  etc.  Continues : — I  have  publish'd  a 
Proclamation  signifying  H.M.  Royall  pleasure  in  this  particular, 
and  sent  coppys  thereof  to  our  neighbouring  Colonies.  H.M. 
goodness  in  extending  his  mercy  even  beyond  what  was  promis'd, 
I  hope  will  be  an  inducement  for  all  those  who  has  been  anyways 
concern'd  in  pyracy  to  return  to  their  due  obedience  and  allegiance 
to  H.M.  Your  Lordships  will  please  to  remember  when  I  had 
the  honor  of  attending  your  Board,  I  had  the  asurances  given  me 
that  a  Commission  should  be  speedily  prepared  and  dispatcht 
impowering  me  to  appoint  fit  persons  to  try  the  accessarys  of 
py rates  which  I  find  very  much  wanted  here.  I  therefore  take 
the  liberty  of  reminding  your  Lordships  of  it  etc.  Nothing 
material  has  hapned  in  our  Assembly  affaires  etc.  Signed, 
Nicholas  Lawes.  Endorsed,  Reed.  17th,  Read  18th  Dec.,  1718. 
2f  pp.  [C.O.  137,  13.  No.  20  ;  and  138,  16.  pp.  155,  156.] 


AMERICA   AND   WEST   INDIES. 


361 


1718. 
Oct.  10. 

Essex 
Buildings. 


Oct.  10. 

Whitehall. 


714.  Sir  John  Bennett  to  Mr.  Popple.  Encloses  following 
etc.  Signed,  Jo.  Bennett.  Endorsed,  Reed.  10th  Oct.,  1718. 
1  p.  Enclosed, 

714.  i.  Receipt   for    packet   containing    Lt.    Gov.    Bennett's 

Commission  for  pardoning  pirates .  Signed ,  Sam .  Daffye , 
Capt.  of  the  sloop  Mary  etc.  Slip.  [0.0.  37,  10.  Nos. 
11,  11  L] 

715.  Mr.  Popple  to  John  Basket.     Enquires  what  progress 
he  has  made  in  printing  the  New  York  Acts,  and  desires  to  see 
the  printed  book  he  has.     [C.O.  5,  1124.    p.  59.] 


Oct.  11.         716.     Mr.  Lloyd  to  Mr.  Popple.     Encloses  following.     Signed, 

General  Post  john  Lloyd.     Endorsed,  Reed.  14th  Oct.,  1718.     1  p.    Enclosed, 

716.  i.  Receipt    for    Commission    for    pardoning    pirates    at 

Barbadoes.     Deale.    Oct.  7,  1718.    Signed,  Mary  Watte, 

on  behalf  of  Capt.  Cobb.     1  p.     [C.O.  28,   15.     Nos. 

37,  37  i.] 

Oct.  13.         717.     Mr.  Barrington  to  Mr.  Popple.     Regrets  his  mistake. 

Beckett  House,  v.  9th  Oct.     His  nephew  has  gone  to  Antigua  in  the  opinion  that 

the  minute  was  absolutely  in  his  favour  etc .     Signed ,  J .  Barrington . 

Endorsed,  Reed.,  Read  16th  Oct.,  1718.     Sealed.     If  pp.     [C.O. 

152,  12.     No.  113.] 


Oct.  13. 

New  York. 


718.  Governor  Hunter  to  Mr.  Popple.  Abstract.  The  General 
Assembly  has  passed  an  act  remedying  clauses  in  former  revenue 
acts  to  which  the  Board  objected.  At  the  same  time  they 
presented  enclosed  representation  to  be  communicated  when  he 
shall  appear  before  their  Lordships.  Believes  he  will  be  able  to 
convince  them,  that  the  people  here  are  not  so  much  in  the  wrong 
as  has  been  suggested.  Has  no  correspondent  left,  so  that  he 
must  come  home  to  recover  the  old  or  establish  the  new.  Lays 
hold  of  Mr.  Popple's  friendship  as  his  main  comfort.  Set  out, 
N.Y.  Col.  Docs.  V.,  p.  518.  Signed,  Ro.  Hunter.  Endorsed, 
Reed.  15th  Dec.,  1718.  Read  23rd  April,  1719.  Holograph.  3pp. 
Enclosed, 

718.  i.  Representation  of  Assembly  of  New  York  to  Governor 

Hunter,  on  the  Act  amending  clauses  in  the  Revenue  Act. 

v.  preceding.    Signed,  Rt.  Livingston,  Speaker,  Lewis 

Morris   and    21    others.     Same   endorsement.     12|   pp. 

[C.O.  5,  1051.     Nos.  87,  87  i.  ;  and  (without  enclosure), 

5,  1124.    p.  87.] 

Oct.  14.         719.     H.M.  Warrant  granting  licence  of  absence  for  twelve 
Hampton     months  longer  to  William  Matthew,  Lt.  Genl.  of  the  Leeward 

Islands,  and  Lt.  Governor  of  St.  Christophers.     Countersigned, 

J.  Craggs.     [C.O.  324,  33.    pp.  188,  189.] 


Court. 


Oct.  14.         720.     Council  of   Trade   and   Plantations   to   Lt.   Governor 

Whitehall.    Bennett.     Acknowledge  letters  of  3rd  and  16th  Feb.,  29th  March 

and  31st  May.     Continue :— We  did  without  loss  of  time  lay 


362  COLONIAL  PAPERS. 

1718. 

before  H.M.  your  account  of  the  surrender  of  the  pirates,  being 
glad  to  find  so  good  an  effect  from  your  diligence  in  sending  H.M. 
Proclamation  to  the  Isle  of  Providence.  We  cou'd  have  wished 
the  like  success  had  continu'd  but  we  perceive  by  your  last  the 
state  of  that  case  is  very  much  alter'd.  You  will  have  reed, 
before  this  comes  to  your  hands  H.M.  Commission  under  the 
Great  Seal  for  pardoning  such  pirates  as  have  surrender'd  within 
the  terms  prescrib'd  by  the  Proclamation,  and  thereby  entituled 
themselves  to  mercy,  but  as  for  the  doubts  rais'd  by  the  pirates 
concerning  their  effects  and  the  particular  hardships  of  Cpt. 
Fife's  case  we  can  at  present  give  you  no  opinion.  But  these 
matters  together  with  the  other  informations  you  have  given  us 
relating  to  the  pirates  have  been  transmitted  to  Mr.  Secry. 
Craggs  to  be  laid  before  H.M.,  and  when  we  receive  his  orders 
thereupon  we  shall  communicate  them  to  you  by  the  first 
opportunity.  We  have  reed,  the  Acts  and  public  papers  wch. 
you  transmitted  30th  July,  1717,  and  desire  you  will  be  punctual 
in  sending  to  us  all  such  papers  as  you  are  required  to  transmit 
to  us  by  your  Instructions  by  the  first  opportunity,  and  par- 
ticularly such  as  you  will  find  by  the  list  enclos'd  to  be  wanting. 
We  have  made  some  observations  upon  the  several  Acts  pass'd  in 
Bermuda  since  H.M.  accession  to  the  Throne,  which  you  will 
likewise  receive  herewith  for  your  better  government  in  the  form 
and  method  of  passing  Acts  for  the  future.  Annexed, 

720.  i.  Public  papers  wanting  from  Bermuda,  (i.)  Minutes  of 
Council  and  Assembly,  2nd  March  170| — to  1718. 
(ii.)  Naval  Officers  lists  wanting  for  several  years 
backward. 

720.  ii.  Observations  upon  Acts  passed  in  Bermuda  in  1715 
and  1717.  (i.)  An  additional  clause  to  an  Act  for  the 
better  observation  of  the  Lords  Day  commonly  called 
Sunday.  The  title  is  a  very  odd  one  and  by  the  preamble 
the  very  title  is  made  a  part  of  the  Act.  However  the 
intention  of  the  Act  being  good  it  lys  by  probational. 
(ii.)  An  Act  for  alteration  and  amendment  of  several  Acts 
of  Assembly.  The  dates  or  time  of  passing  as  well  as 
the  exact  titles  of  every  Act  alter'd  or  to  which  any 
addition  is  made  shou'd  be  recited,  which  is  not  done  in 
this  Act,  But  shou'd  be  observ'd  for  the  future  ;  This 
Act  lyes  by  probational.  (iii.)  An  Act  for  prolonging  the 
Act  to  supply  the  deficiency  of  the  several  funds  in  these 
Islands  for  and  towards  the  building  a  new  house  for  the 
present  and  future  Governors,  pass'd  in  17 15.  The  title  of 
this  Act  like  that  of  the  first  is  made  a  part  of  the  Act. 
The  continuing  clause  mighty  oddly  worded.  The  time  of 
passing  and  of  the  expiration  of  the  Act  to  supply  the 
deficiency  etc.  shou'd  have  been  particularly  mention'd. 
This  Act  to  lye  by  probational.  (iv.)  An  Act  for 
limiting  the  time  the  names  of  such  persons  as  are  bound  of 
these  Islands  shall  be  published.  To  lye  by.  (v.)  An 
additional  clause  to  an  Act  to  supply  the  deficiency  of 
the  several  funds  in  these  Islands  for  and  towards  the 


AMERICA  AND  WEST  INDIES.  363 

1718. 

building  a  new  house  for  the  present  and  succeeding 
Governors,  pass'd  in  1717.  The  title  lyable  to  the  same 
objections  as  the  Act  No.  1,  and  the  last  clause  which 
declares  this  to  be  part  member  and  parcel  of  the  Act 
to  which  it  referrs  is  something  unusual.  This  Act  to 
lye  by.  The  Prayer  for  the  enacting  part  of  the  Acts 
abovemention'd  being  to  the  King  from  the  Assembly 
only  is  a  mistake  by  following  the  stile  us'd  in,  and 
peculiar  to  Acts  of  Parliament  for  granting  mony,  the 
stile  in  other  Acts  being  different.  [(7.0.  38,  7.  pp. 
358-362.] 

Oct.  14.  721 .  Mr.  Baskett  to  Mr.  Popple.  I  have  herewith  sent  you 
the  printed  book  of  Plantation  Laws,  and  intend  to  put  2  or  3 
compositors  about  it,  that  it  may  be  speedily  compleated  etc. 
Signed,  John  Baskett.  Endorsed,  Reed.  14th,  Read  22nd  Oct., 
1718.  %p.  [(7.0.  5,  1051.  No.  79.] 

Oct.  14.  722.  Governor  Hamilton  to  the  Council  of  Trade  and 
Antigua.  Plantations.  Encloses  two  Acts  bearing  date  the  second  day  of 
this  instant  month  of  October,  the  one  for  laying  an  additional 
duty  on  liquors,  and  the  other  for  laying  a  duty  of  powder  on  all 
trading  vessels.  As  they  are  laws  that  will  affect  the  trade  and 
shiping  of  Great  Britain  when  they  come  to  this  Island,  I  have 
taken  care  to  get  a  clause  inserted  in  each  of  them  to  prevent  their 
taking  place  until  they  are  approved  and  confirmed  by  H.M.  in 
obedience  to  the  Additional  Instruction  which  I  received  lately 
bearing  date  27th  Sept.,  1717.  But  nevertheless  I  must  beg 
leave  to  acquaint  your  Lordships,  that  laws  of  this  nature  have 
been  frequently  passed  in  this  and  the  other  Islands  belonging  to 
H.M.  in  these  parts,  and  indeed  are  very  necessary  in  order  to 
supply  our  forts  and  fortifications  with  powder  as  well  as  to  raise 
mony  to  help  defray  the  incident  charges  of  the  Government, 
for  which  reason  if  your  Lordships  shall  be  of  opinion  that  they 
are  fit  to  be  confirmed,  I  beg  that  they  may  be  laid  before  H.M. 
with  all  possible  expedition,  to  the  end  they  may  be  returned  with 
the  utmost  speed,  for  until  then  the  publick  will  loose  the  benefit 
that  use  to  result  from  Acts  of  this  nature,  in  regard  no  collection 
can  be  made  of  the  dutys  intended  on  shipping  or  liquors  until 
it  shall  be  known  that  the  said  Acts  have  received  the  Royal 
assent.  In  the  Act  for  laying  a  duty  on  liquors  your  Lordships 
will  find  a  clause  declaring  that  no  money  raised  by  virtue  of 
that  Act  shall  be  paid  by  the  Treasurer  or  his  Deputy  for  the  time 
being  by  virtue  of  any  order  or  authority  whatsoever  unless  by 
order  in  writing  signed  by  the  Commander  in  Chief  Governour  or 
President  of  the  Council  with  one  Member  of  the  Council  and  the 
Speaker  of  the  Assembly,  which  I  know  is  contrary  to  my 
Instructions  but  as  the  Act  is  not  to  take  place  untill  it  has  received 
H.M.  assent,  I  am  in  hopes  your  Lordships  will  be  of  opinion 
that  my  consenting  to  the  said  Act  with  that  clause  in  it  can  be 
no  breach  of  my  said  Instruction  in  regard  it  cannot  have  any 
effect  untill  it  has  obtained  the  Royal  assent  which  if  H.M. 


364  COLONIAL    PAPERS. 

1718. 

shall  be  pleased  to  give  will  be  a  sufficient  dispensation  of  my 
said  Instructions.  All  orders  for  payment  of  publick  mony  have 
been  issued  in  that  manner  ever  since  the  settlement  of  the  Island 
as  I  am  informed,  which  I  have  signifyed  to  the  Assembly  is 
contrary  to  my  Instructions  from  H.M.,  and  that  I  had  reason  to 
fear  it  might  be  a  means  to  obstruct  the  passing  the  Act  at  home  ; 
but  nevertheless  I  could  not  prevail  with  them  to  pass  the  said 
Act  without  the  said  clause,  which,  with  what  I  have  already 
offered,  will  I  hope  be  sufficient  to  excuse  me  to  your  Lordships 
for  assenting  to  it,  and  the  rather  for  that  if  the  said  Act  be 
rejected  upon  that  account  it  will  convince  those  Gentlemen  that 
H.M.  will  not  admit  of  his  Instructions  to  be  dispensed  with  on 
any  terms,  the  observing  whereof  has  occasioned  more  than  a 
little  dispute  between  that  House  and  myself,  as  your  Lordships 
may  perceive  by  the  Minutes  here  inclosed.  There  is  also  a 
clause  in  the  Powder  Act,  which  is  reinforced  by  the  present  Law, 
that  enjoins  the  powder  Officer  to  be  nominated  by  the  Governour, 
Council  and  Assembly,  as  your  Lordships  may  observe  by  a  copy 
thereof  herewith  sent  which  I  take  to  be  an  incroachment  on 
H.M.  Prerogative  and  have  accordingly  signifyed  the  same  to  the 
Assembly.  However  as  it  has  been  always  usual  for  that  officer 
to  be  appointed  in  that  manner,  they  prayed  I  would  consent 
thereto  in  hopes  that  H.M.  will  be  pleased  to  admit  them  to  enjoy 
their  former  custom  in  that  matter,  to  which,  upon  their  earnest 
request,  I  thought  fit  to  condescend,  well  knowing  that  no 
inconveniency  could  thereby  arise  to  H.M.  if  he  did  not  see  fit  to 
pass  the  said  law  in  regard  there  is  a  clause  in  the  said  new  Act  to 
prevent  its  taking  place  untill  it  is  confirmed  by  H.M.  which  I 
hope  will  be  sufficient  to  justify  what  is  done  therein  by  May 
it  please  your  Lordships  your  Lordships  most  obedient  and  most 
dutiffull  humble  servant,  Signed,  W.  Hamilton.  Endorsed, 
Reed,  llth,  Read  16th  Dec.,  1718.  2£  pp.  Enclosed, 

722.  i.  Minutes  of  Council  and  Assembly  of  Antigua.  St. 
Johns,  18th  Sept.,  1718.  The  Assembly  addressed  H.E., 
protesting  against  his  literal  exposition  of  his  Instructions 
to  the  prejudice  of  the  Colony  in  prohibiting  laws  so 
fundamental  to  their  Constitution  etc.  Sept.  23rd. 
Parham.  Governor  Hamilton's  reply  to  the  Assembly 
and  their  answer.  Same  endorsement.  Copy.  7J  pp. 
[C.O.  152,  12.  #06-.  119,  119  i.] 

Oct.  15.  723.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehall.  Craggs.  Having  some  time  since  received  accounts  of  the  great 
settlements  the  French  are  making  on  the  back  of  ye  British 
Plantations  in  America  from  ye  River  of  St.  Lawrence  southward 
to  ye  mouth  of  Missisippi  in  the  Bay  of  Mexico,  and  considering 
how  detrimental  the  same  may  prove  to  the  trade  of  these  King- 
doms ;  we  wrote  circular  letters  to  H.M.  Governors  upon  that 
Continent  to  send  us  the  fullest  informations  they  could  get  of 
the  state  of  the  said  new  settlements,  together  with  their  opinion 
concerning  the  proper  measures  to  be  taken  by  H.M.  upon  this 
occasion, and  in  answer  have  received  letters  from  Brigr.  Hunter 


AMERICA    AND    WEST    INDIES.  365 

1718. 

(v.  July  7th)  and  Col.  Spots  wood.     Enclose  extracts  to  be  laid 
before  H.M.  for  his  directions  therein.     [(7.0.  5,  1124.    p.  60.] 

Oct.  15.  724.  Mr.  Philips  to  Mr.  Popple.  Encloses  following.  Signed, 
A.  Philips.  Endorsed,  Reed.  16th  Oct.,  1718,  Read  16th  Aug., 
1720.  1  p.  Enclosed, 

724.  i.  Governor  Hunter  to  Mr.  Philips.  N.  York.  Aug.  15, 
1718.  A  summ  of  money  has  been  sent  from  hence  to 
procure  the  disallowance  of  our  money  Acts  etc.  I  know 
not  the  objections  ;  but  I  foresee  an  inevitable  necessity 
of  my  coming  home  for  that  very  purpose  ;  for  it  is 
impossible  to  answer  as  one  should  at  this  distance,  or 
to  instruct  another.  I  do  affirm,  that  this  is,  at  present, 
the  most  flourishing  Province  in  trade  and  creditt.  Our 
money  bills  are  now,  at  least,  thirty  pr.  cent,  better 
than  those  of  New  England,  on  their  own  Exchange, 
and  equall  to  silver  all  round  about  us.  The  trade  of 
this  place  is  increased  most  conspicuously,  as  the 
Quarterly  accounts  sent  to  the  Lords  of  Trade  will  shew. 
If  any  of  this  place  have  been  so  wicked,  as  to  employ 
any  person  in  the  foul  work  before  mentioned,  their 
resolution  must  be  to  leave  it,  having  ruined  it  etc. 
Should  this  Province  be  undone,  I  will  make  good  in 
the  face  of  the  world,  that  there  are  more  hearty, 
zealous  and  sincerely  dutifull  subjects  of  H.M.  undone, 
than  could  be  by  any  generall  mine  to  the  same  propor- 
tion of  people  in  any  other  part  ;  and  that  by  the  means 
of  some,  who  have  no  manner  of  pretence  to  that 
character.  I  earnestly  desire,  that  nothing  may  be 
resolved,  till  I  am  brought  face  to  face  to  answer  these 
or  any  other  men,  as  to  what  I  have  done  in  my  station. 
Extract.  Signed,  A.  Philips.  2f  pp. 

724.  ii.  Minute  of  Council  of  New  York.  2nd  July,  1718. 
Ordering  following  Representation  to  be  signed  etc.  I  p. 

724.  iii.  Representation  of  the  Council  and  Assembly  of  New 

York  to  the  Lords  Committee  for  hearing  appeals  from 
the  Plantations.  Reply  to  Mr.  Mulford's  complaints 
and  defence  of  Governor  Hunter.  Duplicate  of  No. 
603  iii.  [C.O.  5,  1052.  ff.  38-44.] 

Oct.  |g.  725.  A.  Hollander  and  others  to  the  Directors  of  the  Dutch 
West  India  Company.  Signed,  A  Hollander  and  other  settlers. 
Endorsed,  Read  .27th  April  (N.S.),  1719.  Dutch.  6pp.  Enclosed, 

725.  i.  Duplicate  of  preceding. 

725.  ii.  Correspondence  of  same  with  Commandant  Van  der 
Heyden  Rezen  etc.  Copies.  Dutch.  ±\pp.  [C.O.  116, 
21.*  #o<s.  163,  163  i.-ii.] 


Oct.  16.        726.     Mr.  Popple  to  Mr.  Lowndes.     Reply  to  9th  Oct.     The 

Whitehall.     Council  of  Trade  and  Plantations  have  already  communicated 

the  papers  on  that  subject  to  Mr.  West,  H.M.  Council  learned  in 

the  Law  appointed  to  attend  the  service  of  the  Commission  for 


366 


COLONIAL    PAPERS. 


1718. 

Trade.  As  soon  as  they  shall  receive  his  opinion,  their  Lordps. 
will  lay  a  state  of  that  matter  before  the  Lords  of  the  Treasury. 
[C.O.  5,  915.  p.  222.] 

Oct.  17.  727.  Lt.  Governor  Keith  to  the  Council  of  Trade  and 
Pensilvania.  Plantations.  Encloses  Act  of  Assembly  for  ELM.  approbation. 
Continues : — It  generally  contains  such  an  amendment  of  our 
criminal  law,  as  will  bring  the  constitution  of  this  Colonie  much 
nearer  to  that  of  Great  Britain  than  formerly  it  was  etc.  Signed, 
W.  Keith.  Endorsed,  Reed.  4th,  Read  5th  Feb.,  17£>.  Addressed,. 
1  p.  [C.O.  5,  1265.  No.  114  ;  and  5,  1293.  p.  162.] 

Oct.  18.  728.  John  Baskett  to  Mr.  Popple.  Requests  him  to  send 
another  book  of  the  Plantation  Laws,  to  be  printed  etc.  Signed, 
John  Baskett.  Endorsed,  Reed.  18th,  Read  22nd  Oct.,  1718. 
Addressed.  |-  p.  Mem.  The  first  vol.  of  Bermuda  Laws  was 
sent.  [C.O.  37,  10.  No.  12.] 

Oct.  18.         729.     (a)  Depositions  of  John  Barnard,  James  Welch,  John 
Antigua.      Lavicountt,   planters   of   Antigua,    and  of  Ambrose  Marchant, 
carpenter,  relating  to  the  new  Church  at  St.  Phillips.     4  pp. 

(b)  Deposition  of  the  Church  Wardens  and  major  part  of  the 
Vestry  of  St.  Phillips,  Antigua.  Three  quarters  of  the  parish- 
ioners were  and  are  against  building  the  new  Church,  which  is 
near  the  boundary.  The  old  Church  is  in  Bridge  Town,  very 
commodious  and  convenient.  There  is  a  commodious  chapel  of 
ease  in  the  division  of  Belfast.  Each  capable  of  containing  the 
whole  of  the  parishioners  etc.  Signed,  Thomas  Elmes,  Jos. 
Ledeatt,  Churchwardens  ;  W.  Steele,  Benja.  Wickham,  Henry 
Symes,  Jno.  Lavicountt,  senr.,  John  Witts,  Jno.  Barnard, 
Timo.  Singin.  1  p.  The  whole  endorsed,  Reed.,  Read  2nd  Feb., 
172ir-  [C-0.  152,  13.  ff.  8-13.] 

Oct.  21.  730.  Governor  and  Council  of  South  Carolina  to  the  Council 
Charles  Town,  of  Trade  and  Plantations.  Lately  two  pirate  vessels,  commanded 
na-  by  one  Vane,  lay  of  the  barr  of  this  harbour,  as  they  have  often 
done,  and  took  a  ship  from  Guiney  with  negros,  and  two  sloops 
bound  in,  and  the  next  day  attack 't  four  ships  outward  bound, 
but  what  success,  he  had  with  them  wee  cou'd  not  be  inform'd, 
however  their  insults,  and  receiveing  advice  that  wee  might 
expect  the  same  usage  from  another,  who  was  careening,  and 
refilling  in  Cape  Fear  River,  obliged  the  Governr.  (tho  very  unable 
both  for  want  of  men  and  money)  to  fitt  out  a  force  to  go  and 
attack  them,  and  accordingly  two  sloops,  one  commanded  by 
Capt.  Masters  and  the  other  by  Capt.  Hall,  with  about,  130  men 
were  gott  ready  wth.  all  the  dispatch  wee  cou'd.  and  Collo. 
William  Rhett  commanded  the  whole,  who  sail'd  southerly  first, 
in  search  of  Vane,  but  not  being  able  to  meet  with,  or  gain 
intelligence  of  him,  he  steered  for  Cape  Feare  River,  in  which  he 
found  a  sloop  of  8  gunns  and  50  men,  commanded  by  a  Majr. 
Stede  Bonett,  and  two  prizes,  sloops  belonging  to  New  England. 
On  seeing  our  vessells  enter  the  River,  they  endeavoured  to  gett 


AMERICA    AND    WEST    INDIES.  367 

1718. 

out,  and  in  the  chase,  all  the  three  sloops  run  aground  on  some 
shoals,  But  that  commanded  by  Capt.  Masters,  in  which  Collo. 
Rhett  was,  lay  within  musqt.  shott  of  the  pirate,  and  the  water 
falling  away  (it  being  ebb)  she  keel'd  towards  him,  which  exposed 
our  men  very  much  to  their  fire,  for  near  six  hours,  dureing  wch. 
time  they  were  engaged  very  warmly,  untill  the  water  riseing  sett 
our  sloops  afloat,  about  an  hour  before  the  pirate,  when  Collo. 
Rhett  makeing  the  signall,  and  they  prepair'd  to  board  him, 
which  the  pirate  seeing,  sent  a  white  flagg,  and  after  some  short 
time,  surrender'd,  on  Collo.  Rhett's  promising  he  wou'd  interceed 
for  mercy.  Wee  had  killed  on  board  Collo.  Rhett  eight  men  and 
fourteen  wounded,  of  which  four  are  since  dead,  and  on  board 
Capt.  Hall,  two  killed  and  six  wounded.  The  said  pirates  are  now 
prisoners  here,  and  wee  are  prepairing  for  their  tryall.  This 
undertaking,  besides  that  it  has  been  a  considerable  expence  to 
us,  will  (wee  apprehend)  very  much  irretate  the  pirates  who  infest 
this  coast  in  great  numbers.  Wee  become  therefore  humble 
sutors  to  your  Lordships,  that  you  will  be  pleased  to  lay  before 
H.M.  the  great  danger  our  trade  and  Collony  are  in  from  them, 
they  having  at  some  times  blocked  up  our  harbour  for  eight  or 
ten  days  together,  and  taken  all  that  have  come  in  or  gone  out, 
and  plundered  them,  where  they  have  not  thought  the  vessells  fitt 
for  their  purpose.  In  procureing  a  vessell  it  will  be  of  the  greatest 
service  to  the  trade  not  only  of  this  Collony,  but  of  all  these  parts 
etc.  Signed,  Robt.  Johnson,  A.  Skene,  Nicholas  Trott,  Tho. 
Broughton,  Char.  Hart,  Fra.  Yonge.  Endorsed,  Reed.  29th  May, 
Read  llth  June,  1719.  3  pp.  [(7.0.  5,  1265.  No.  121  ;  and  5, 
1293.  pp.  173-175.] 

Oct.  22.  731.  Mr.  Popple  to  Nicholas  Lechmere,  H.M.  Attorney 
Whitehall.  General.  Encloses  extracts  from  Lt.  Governor  Spotswood's 
letter  etc.,  14th  Aug.  The  Council  of  Trade  and  Plantations 
desire  your  opinion  whether  H.M.  or  the  several  vestries  of  the 
parishes  in  Virginia  have  the  right  of  patronage  presentation  and 
collating  to  ecclesiastical  benefices,  or  what  right  either  have. 
Also  whether  an  Assembly  under  adjournment  or  prorogation 
may  be  prorogu'd  by  proclamation  without  a  meeting  according 
to  such  previous  adjournmt.  or  prorogation.  N.B.  A  like  letter 
was  writ  to  Mr.  Sollicitor  General  and  Mr.  West.  [C.O.  5,  1365. 
pp.  170,  171.] 

Oct.  23.         732.     Lt.  Governor  Keith  to  Mr.  Popple.     I  have  just  received 
Penaylvania.  letters  of  15th  and  19th  March.     I  shall  forthwith  apply  myself 
to    obey    their    Ldships.    commands    etc.     Signed,   W.    Keith. 
Endorsed,    Reed.    22nd    Dec.,    1718,    Read    10th    Feb.,    171. 
Addressed.     I  p.     [C.O.  5,  1265.     No.  115.] 

Oct.  23.         733.     Mr.  Gordon  to  the  Council  of  Trade  and  Plantations. 

London.      Encloses  a  sermon,  with  preface,  in  answer  to  Governor  Lowther's 

reflections   upon   his   character   and   conduct   etc.    Signed,  W. 

Gordon.     Endorsed,  Reed.   24th,  Read  28th  Oct.,  1718.     2  pp. 

[C.O.  28,  15.     No.  38  ;  and  29,  13.     pp.  479,  480.] 


368 


COLONIAL  PAPERS. 


1718. 

Oct.  23.  734.  Mr.  Popple  to  John  Basket.  Returns  book  of  New  York 
Whitehall,  laws  (v.  10th  Oct.),  and  sends  book  of  Bermuda  Acts  to  be  printed 
as  the  other.  These  Bermuda  Acts  have  ye  notes  hi  the  margin 
that  are  to  be  upon  them.  In  folio  4,  there  is  nothing  but  the 
title  of  an  Act,  which  title  must  be  printed,  and  a  blank  of  a  page 
or  two  left,  for  writing  the  Act  in,  when  it  shall  be  found,  which  is 
at  present  mislaid.  The  Council  of  Trade  and  Plantations  desire 
all  the  dispatch  possible  in  ye  printing  these  laws.  [C.O.  5,  1124. 
p.  61.] 

Oct.  24.  735.  .  Mr.  Bridger  to  the  Council  of  Trade  and  Plantations. 
Portsmouth.  Here  has  been  a  report  for  some  time  of  my  [being]  superseeded, 
and  by  the  last  post  from  boston  I  have  reed,  the  surprissing  and 
unwelcome  news  that  one  Mr.  Burriston  has  a  Commission  for 
my  post  and  that  the  sallary  commences  from  19th  June  last ; 
I  humbly  pray  your  Lordps.  will  not  let  me  suffer  who  has  done 
the  duty  ever  since  at  a  1000  leeagus  distant  and  had  no  certainty 
of  it  till  now,  and  yet  not  from  any  office,  my  leters  informes  me 
that  I  was  removed  by  the  insinuations  and  mal[icious]  contri- 
vances of  Mr.  Dummer,  whom  I  know  to  be  a  falce  and  [cwnjning 
person,  and  what  further  strengthens  my  oppinion  is  that  he  wrot 
to  the  Govr.  that  my  post  was  represented  to  be  worth  5  or  £600 
pr.  annum  wch.  is  most  notoriously /a/se],  for  he  could  not  think 
any  such  thing  having  as  he  said  the  Commission  in  his  hand 
which  sets  forth  the  salary  ;  In  the  2nd  place  Dummer  writes  to 
the  Leivt.  Governor  of  this  place  [that]  I  was  turned  out  but  he 
had  no  hand  in  it,  and  by  the  talke  he  made  to  some  of  my  friends 
in  London,  he  was  the  only  person  that  first  moved  in  it,  and  the 
only  person  yt.  knew  [it  in]  London  first,  adding  that  such  a  day 
the  King  signed  the  Commission  and  that  the  person  [was  to] 
act  by  a  Deputy.  If  so  H.M.  Officers  here  are  in  very  [poor]  but 
dangerous  circumstances,  for  here  my  life  is  threatened  if  found 
on  my  duty  in  the  woods  [and  at]  home  if  not  agreeable  to  the 
Agent  turn'd  out,  without  any  fault  assigned  but  what  this 
Agent  shall  suggest ;  and  so  he  turned  out  the  Leivt.  Governor 
of  Boston  by  the  [assistance]  of  Sr.  William  Ashurst  to  whom 
Dummer  had  insinuated  that  Col.  Taylor  was  a  Jacobite  and] 
was  turned  out  imediatly  upon  it,  and  I  am  of  oppinion  that  my 
asserting  and  maintaining  H.M.  title  to  the  woods,  against  the 
Charter,  and  people,  have  disgusted  this  great  [man]  and  I  must 
fall  a  victim  to  his  malice,  the  rumor  of  my  being  turn'd  out  has 
spread  [through]  the  country,  the  people  next  the  woods  threaten 
what  they  will  do,  and  have  begun  to  cut  [and]  destroy  all  before 
them  etc.  I  have  yesterday  given  £5  to  [two]  persons  to  lay  in 
the  woods  to  make  discovery  of  this  destruction  [and  design  to 
find  it  out  cost  what  it  will  for  should'}  I  now  leave  my  post  many 
thousands  [of  good]  mast  trees  would  be  destroyed  in  one  month, 
which  consideration  keeps  me  on  [my  duty]  and  I  hope  your 
Lordps.  will  not  let  me  suffer  for  want  of  my  salary,  till  a  person 
arrives  to  take  it  from  me  etc.  The  Governor  has  promised  me 
to  represent  to  your  Lordps.  the  necessity  of  the  service  etc., 
and  the  ill  consequences  that  would  attend  my  repairing  home  at 


AMERICA  AND  WEST  INDIES.  369 

1718. 

a  time  when  so  much  destruction  is  like  to  follow  it,  etc.  I  have 
not  directly  nor  indirectly  reed,  one  shilling  since  my  being  here 
etc.  Emphasises  his  knowledge  of  the  woods  and  people.  Prays 
their  Lordships  to  remember  that  "  I  have  been  here  but  one  year, 
and  a  month,  since  I  renewed  my  Commission,  which  cost  me 
while  I  was  a  soliciting  it  £500,  that  after  22  years  faithful  service 
in  this  country,  to  be  turned  out  and  obliged  to  beg  my  bread  " 
etc.  Signed,  J.  Bridger.  Endorsed,  Reed.  29th  Nov.,  1718, 
Read  4th  Feb.,  17ff.  Edges  torn.  2  pp.  [C.O.  5,  867.  No. 
27  ;  and  5,  915.  pp.  244-248.] 

Oct.  26.  736.  Governor  Hamilton  to  the  Council  of  Trade  and 
Antigua.  Plantations.  On  the  13th  currant  arrived  Capt.  Gibbons  in  the 
Cadogan,  who  brought  me  your  Lordship's  command's  of  the  4th 
April,  and  8th  May  and  21st  June,  together  with  your  Lordships' 
observations  on  the  severall  Acts  past  since  H.M.  happy  accession 
etc.,  of  all  which  I  take  particular  notice  etc.  In  order  to  gett 
the  Minutes  of  the  Councell  and  Assembly  that  are  wanting 
transmitted  to  your  Lordships,  I  have  directions  to  the  severall 
officers  for  transcribing  them,  and  as  soon  as  they  are  compleated 
and  delivered  to  me,  they  shall  be  transmitted  to  your  Lordships, 
likewise  rest  assured  that  the  next  conveyance  from  hence  will 
bring  you  the  Minutes  of  this  Island  from  the  time  of  my  arrivall 
to  the  31st  March  last,  if  not  to  the  25th  of  Sept.  the  greatest 
part  of  them  being  alreaddy  transcribed,  and  for  the  future  your 
Lordships  may  be  assured  they  shall  be  quarterly  transmitted 
you  or  as  opertunity's  offer,  I  having  enjoyned  the  Clerks  of  the 
Assemblys  of  the  severall  Islands  as  well  as  the  Secretarys  to 
deliver  me  the  saied  minutes  by  the  25th  of  March  next  under 
paine  of  being  suspended  as  your  Lordship's  may  perceive  by  a 
copy  of  the  orders  herewith  sent,  which  I  hope  will  oblige  each 
of  them  not  only  to  let  me  have  the  minutes  of  the  other  Islands 
by  that  time  but  to  do  theire  dutys  for  the  future.  I  also  observe 
that  in  the  Memoriall  which  your  Lordships  have  sent  of  the 
papers  that  are  wanting,  you  mention  the  Navall  Officers  List's, 
but  do  not  distinguish  of  what,  so  that  I  must  beg  your  Lordship's 
by  the  first  to  explaine  the  same  in  regard  I  know  not  what  lists 
your  Lordship's  would  have  unless  it  be  those  relating  to  the 
importation  of  good's  from  Madera  and  the  Western  Islands, 
which  if  it  be,  your  Lordships  will  receive  them  before  this  can 
gett  to  hand  etc.  I  am  inclinable  to  think  the  affaire  of  Coll. 
Crooke  will  give  your  Lordship's  no  farther  trouble.  But  if  it 
should  I  am  reddy  to  justify  what  I  formerly  alledged  against  him. 
Your  Lordships  directions,  4  of  Aprill,  to  use  my  best  endeavours 
to  dispose  the  inhabitants  of  Spanish  Towne  and  Tortola  to  waite 
patiently  where  they  are  untill  they  can  be  setled  in  Saint  Christo- 
phers will  I  hope  be  fully  answered  by  the  Proclamations  I 
formerly  issued  etc.  Nothing  on  my  part  shall  be  wanting 
punctually  to  observe  your  Lordship  commands  on  this  occasion. 
I  formerly  transmitted  your  Lordship's  the  answer  I  had  from  the 
Danish  Governour  at  Saint  Thomas's  since  when  I  have  had  no 
farther  account  relating  to  that  affaire,  saving  that  the  Danes  do 
Wt.  441.  C.P.  24. 


370  COLONIAL    PAPERS. 

1718. 

still  go  forward  with  theire  setlement  on  the  Island  of  Saint 
Johns  which  againe  obliges  me  to  beg  that  your  Lordship's  will 
be  pleased  to  lett  me  know  what  farther  methods  I  am  to  take 
therein,  the  Gentleman  Capt.  John  Marshall  of  Coll.  Richard 
Lucas's  Regiment  whom  I  formerly  mentioned  to  your  Lordship's 
to  have  sent  the  message  by  to  the  Danish  Governr.  corn's  for 
Britaine  by  this  opertunity,  to  whom  I  farther  refer  your  Lord- 
ship's as  to  the  answer  the  saied  Governour  gave  then.  I  am 
extreamly  pleased  to  hear  that  your  Lordship's  have  an  account 
of  some  of  the  pirates  at  Providence  have  surrendered  themselves 
etc.  I  wish  they  may  all  have  sense  enough  to  returne  to  theire 
duty.  But  I  cannot  help  fearing  the  same,  in  regard  it's  but 
verry  lately  that  wee  have  had  an  account  of  theire  being  on  the 
coast  of  Carolina,  and  other  part's  of  the  maine,  where  they  have 
taken  and  plundered  several!  vessell's,  of  which  I  am  perswaded 
your  Lordship's  will  have  advice  before  this  can  gett  to  hand. 
Therefore  I  shan't  now  trouble  your  Lordship's  etc.,  only  to  say 
that  I  don't  at  present  hear  of  any  being  in  these  seas.  But  how 
soone  we  may  is  uncertaine,  the  season  of  the  year  being  at  hand, 
that  will  force  them  from  the  Northerne  Collony's.  The  para- 
graph of  your  Lordship's  letter  relating  to  the  Act  past  in  this 
Island  for  prohibitting  the  importation  of  French  and  other 
forreigne  sugar  now  lyes  before  me,  and  in  answer  to  that  part 
which  relates  to  the  Assembly,  your  Lordships  may  be  assured 
that  I  will  communicate  the  same  to  them,  and  when  I  have  theire 
answer  I  shall  take  care  to  transmitt  it  to  your  Lordship's,  untill 
when  I  must  beg  leave  to  defer  answering  the  rest  of  your  Lord- 
ship's letter  relating  to  that  Act.  And  as  to  the  next  paragraph 
reminding  me  of  sending  my  observations  upon  all  the  Act's  by  me 
to  be  transmitted  to  your  Lordships  with  my  reasons  for  passing 
the  same,  I  shall  take  care  to  be  verry  punctuall  in  for  the  future, 
which  I  hope  will  excuse  my  omission  of  that  kind  for  the  time 
past.  Your  Lordships  of  the  8th  of  May  last  relating  to  the  Act 
to  quiet  present  possessors  of  lands  and  to  limit  actions,  and 
avoid  suits  in  law,  shall  likewise  be  laid  before  the  Assembly  at 
theire  next  meeting,  and  I  do  not  doubt,  but  they  will  verry 
thankfully  agree  to  pass  a  new  act  for  that  purpose  according  to 
your  Lordship's  directions  etc.  I  remarck  the  defect  which  your 
Lordships  have  taken  notice  of  in  the  private  Acts  of  the  Leeward 
Islands,  for  want  of  a  clause  saving  the  right  of  H.M.  his  heires 
etc.  which  I  shall  take  care  shall  be  inserted  for  the  future  in  all 
private  bill's,  as  well  as  punctually  to  observe  severall  other 
articles  of  my  Instructions  relating  to  the  passing  and  transmitting 
my  particular  observations  on  them.  I  hope  my  conduct  in  the 
suspending  of  Coll.  Thomas  Morris  will  meet  your  Lordship's 
approbation,  I  having  nothing  in  view  in  that  matter  but  H.M. 
honour,  which  I  look  to  be  much  abused  by  that  Gentleman  whose 
character  I  am  perswaded  will  not  appear  verry  extraordinary 
when  it  corn's  to  be  examined  into  by  your  Lordship's.  I  take 
notice  of  the  informations  that  have  been  given  your  Lordship's 
of  the  vacancies  in  the  Councill  of  St.  Christophers  as  well  as  of 
the  observations  that  your  Lordships  have  been  pleased  to  make 


AMERICA    AND    WEST    INDIES,  371 

1718. 

upon  that  occasion.  In  answer  to  which  I  must  begg  leave  to 
acquaint  your  Lordship's  that  by  my  letter  of  6th  Feb.,  17 1£  I  gave 
your  Lordship's  an  acct.  of  Mr.  Helden's  refusing  to  act,  and  tho' 
I  have  omitted  hitherto  to  give  your  Lordship's  an  account  of  the 
death  of  Coll.  Jno.  Panton  and  Majr.  Ralph  Willett  yett  there  has 
al way's  been  a  sufficient  number  to  make  a  Councill,  so  that 
H.M.  affaires  have  in  no  respect  thereby  suffered.  However  for 
the  future  your  Lordships  may  be  assured  that  I  will  be  verry 
exact  in  that  as  well  as  other  particulars,  and  therefore  I  take 
this  opertunity  to  acquaint  your  Lordship  that  I  had  an  acct. 
from  St.  Christophers  about  ten  day's  ago  that  John  Duport  Esq. 
a  member  of  the  Councill  of  that  Island  is  lately  dead  so  that 
there  now  remaines  but  six  members  at  present  upon  the  Island, 
the  Lieutenant  Generall  and  Lt.  Governr.  William  Mathew  Esq. 
being  absent  by  leave  from  H.M.,  and  John  Willett  Esq.  by  leave 
from  myself e  having  been  gone  for  England  near  eight  month's 
where  his  stay  is  uncertaine,  for  which  reason  I  intend  to  swear 
Coll.  William  Woodrope  Capt.  William  McDowall  and  Capt.  John 
Garnett  as  members  of  the  Councill  of  that  Island  at  my  next 
going  thither  (which  I  intend  in  a  few  day's)  and  therefore  I  beg 
leave  to  recommend  them  to  your  Lordship's  and  to  desire  that 
you  will  be  pleased  to  afford  your  offices  in  recommending  them 
to  H.M.  and  getting  mandamusses  for  theire  confirmation  and 
continuance  they  being  Gentlemen  of  undoubted  loyalty  and 
affection  to  H.M.  person  and  Government,  as  well  as  to  the 
Protestant  Succession,  and  withall  of  verry  good  interest's  in  the 
saied  Island.  As  to  your  Lordship's  commands  directing  that 
no  more  places  may  be  appoynted  for  collecting  the  duty  of  4J  p.c. 
in  this  Island  untill  I  have  given  your  Lordship's  notice  and 
receive  your  answer  thereto,  you  may  please  to  be  assured  that 
I  shall  take  care  punctually  to  obey  the  same.  And  withall  your 
Lordship's  may  depend  that  I  won't  omitt  observing  the  last 
part  of  your  letter  directing  me  to  give  you  advice  of  the  absence 
of  Councellours  etc.  Refers  to  enclosure  i.,  extending  the  leave  of 
Coll.  Vail.  Morris,  "  which  I  hope  will  meet  your  Lordship's  appro- 
bation. He  is  a  Gentleman  of  unquestionable  zeal  for  H.M.  and 
the  Royall  family  as  also  of  a  distingueshed  character  as  to  his 
sense  and  ability  and  likewise  has  a  considerable  fortune  amongst 
us,  and  as  he  has  the  honour  to  be  Lt.  Collonell  of  H.M.  Regiment 
of  Foot  in  these  Islands,  I  cannot  but  take  leave  to  recommend 
hfm  to  your  Lordships  and  to  desire  that  he  may  be  nominated  to 
be  of  the  Councill  in  the  severall  Island's  of  this  Government.  His 
going  for  England  was  by  leave  from  myself,  minuted  in  the 
Councill  Book,  but  not  under  my  hand  and  seal  it  not  being  usuall 
heretofore.  However  I  shall  conforme  thereto  for  the  future. 
Coll.  William  Thomas  and  Coll.  John  Frey  two  other  Members 
of  the  Councill  of  this  Island  are  likewise  absent  by  leave  from 
me  minuted  on  the  Councill  Book  they  are  boath  in  England.  But 
the  liberty  granted  to  the  former  is  long  since  expired,  it  being 
only  for  twelve  months,  and  he  has  been  gon  upwards  of  eighteen, 
having  left  this  Island  in  the  moneth  of  Aprill  1717  or  thereabouts, 
since  when  I  have  had  no  farther  application  from  him  for 


372  COLONIAL    PAPERS. 

1718. 

renewing  his  licence,  so  know  not,  whether  he  intends  to  returne 
againe  to  this  Island,  or  not.  The  latter  went  hence  in  the  moneth 
of  May  last  past,  and  had  liberty  to  be  absent  for  twelve  moneths 
of  which  terme  there  is  yett  a  pretty  deal  to  come,  before  the 
expiration  whereof,  I  suppose  he  will  either  returne,  or  apply 
to  have  his  licence  renewed,  which  if  he  dos  shall  be  communicated 
to  your  Lordships  by  "  etc.,  Signed,  W.  Hamilton.  Endorsed, 
Reed.  23rd  Dec.,  1718,  Read  21st  Jan.,  171£.  Holograph.  3|  pp. 
Enclosed, 

736.  i.  Governor  Hamilton's  licence  to  Coll.  Vallentine  Morris, 
Member  of  Council  of  Antigua,  to  be  absent  on  leave 
for  a  further  18  months,  loth  Oct.,  1718.  Signed  and 
endorsed  as  preceding.  Copy.  1  p. 

730.  ii.  Governor  Hamilton's  Order  to  the  Secretaries,  Deputy 
Secretaries  and  Clerks  of  Assemblies  of  the  several 
Leeward  Islands,  to  deliver  to  him  copies  of  the  Minutes 
of  Council  and  Assembly,  lacking  and  required  by  the 
Council  of  Trade  (24th  June),  by  25th  March  next, 
and  to  deliver  copies  of  the  Minutes  of  Council  and 
Assembly  quarterly  henceforward,  on  pain  of  suspension 
etc.  Signed  and  endorsed  as  preceding .  I  p.  [(7.0.152, 
12.  Nos.  124,  124i.,ii.] 

Oct.  31.  737.  Governor  Woodes  Rogers  to  the  Council  of  Trade  and 
Nassau  on  Plantations.  Pursuant  to  my  Instructions  I  take  leave  to 
Providence.  acquamt  your  Lordships,  I  arriv'd  in  this  port  26th  July  in 
company  with  the  men  of  warr  ordered  to  assist  me.  I  met  with 
little  opposition  in  coming  in,  but  found  a  French  ship  (that  was 
taken  by  the  pirates  of  22  guns)  burning  in  the  harbour,  which  we 
were  told  was  set  on  fire  to  drive  out  H.M.S.  the  Rose  who  got  in 
too  eagerly  the  evening  before  me,  and  cut  her  cables  and  run 
out  in  the  night  for  fear  of  being  burnt,  by  one  Charles  Vane  who 
command'd  the  pirates  and  at  ours  and  H.M.S  the  Milford's  near 
approach  the  next  morning  they  finding  it  impossible  to  escape 
us,  he  with  about  90  men  fled  away  in  a  sloop  wearing  the  black 
flag,  and  fir'd  guns  of  defiance  when  they  perceiv'd  their  sloop 
out  sayl'd  the  two  that  I  sent  to  chase  them  hence.  On  the  27th 
I  landed  and  took  possession  of  the  fort,  where  I  read  H.M. 
Commission  in  the  presence  of  my  officers,  soldiers  and  about 
300  of  the  people  found  here,  who  received  me  under  armes 
and  readily  surrendered,  shewing  then  many  tokens  of  joy  for 
the  re -introduction  of  Governmt.  I  sent  officers  ashoar  at  first 
coming  in,  but  by  means  of  our  ship  and  H.M.  ship  the  Milford 
running  aground  I  delayed  my  landing  till  this  day.  After  I  had 
made  the  necessary  enquirys  after  the  characters  of  the  inhabitants 
who  had  not  been  pirates,  I  got  information  of  a  few  that  were 
the  least  encouragers  of  trading  with  them,  six  of  whom  I 
nominated  and  sworn  with  the  six  I  chose  out  of  those  brought 
with  me  to  compleat  H.M.  Council  here.  Their  names,  vizt. 
These  came  wth.  me  :— Robert  Beauchamp,  William  Salter, 
William  Fairfax,  William  Walker,  Wingate  Gale,  George  Hooper. 
These  are  inhabitants  :— Nathaniel  Taylor,  Richd,  Thompson 


AMERICA  AND  WKST  INDIES.  373 

1718. 

Edwd.  Holmes,  Thos  Barnard,  Thus  Spencer,  Sainl.  Watkins. 
But  since  their  election  Messrs.  Salter  and  Watkin  are  dead  into 
whose  places  Christopher  Gale  and  Thos.  Walker  have  been  chosen. 
L  have  occation  to  recommend  in  a  particular  manner  Messrs. 
Beauchamp  and  Fairfax,  Colo.  Gale,  ('apt.  Gale  and  Mr.  Hooper 
yt.  came  here  with  me  their  firm  adhearance  to  H.M.  interest  and 
diligence  here  deserve  all  the  regard  L  can  now  shew  them  and 
hope  H.M.  will  please  to  confirm  them  of  his  Council  here.  Those 
six  I  found  here  are  men  of  the  best  morals  amongst  the  people, 
and  I  believe  are  capeable  to  advise  us  of  anything  relating  to 
lands  on  the  Bahamas,  till  more  fit  persons  arrive  to  settle  here. 
I  have  appointed  by  my  Commission  Robt.  Beauchamp  Esq. 
first  Lieut,  of  my  Independant  Company  under  my  command  to 
be  Secretary  General  of  these  Islands  and  I  do  earnestly  sol  licit 
your  Lordships  to  interceed  with  H.M.  that  he  may  have  a  patent 
for  that  place,  because  he  is  very  capable  and  the  long  fatigues 
he  has  and  may  yet  endure  render  him  deserving  of  the  greatest 
rewards  I  can  procure  him  here.  Christopher  Gale  Esq.  1  have 
made  Chief  Justice,  because  he  maintain'd  an  honest  and  genteel 
character  during  the  13  years  he  was  in  that  office  at  No.  Carolina 
by  favour  of  my  Lord  Carteret,  but  being  very  willing  to  change 
his  living  on  that  Colony,  beleiving  he  could  do  more  good  in  this, 
I  hope  your  Lordship  will  be  pleased  to  offer  him  to  H.M. 
pleasure  for  that  office.  I  have  added  in  the  Commission  to  be 
Assistant  Justices  Wm.  Fairfax  and  Thomas  Walker  Esqrs.  whom 
I  beleive  will  do  justice  and  act  honourable.  Mr.  Fairfax  is  by 
Patent  Judge  of  the  Admiralty  but  without  an  annual  salary, 
the  office  is  but  barely  honble.  for  want  of  support,  I  did  indeed 
receive  an  order  from  the  Lords  of  the  Treasury  to  appoint  him 
Deputy  to  Mr.  Graves  Collector  in  case  of  that  old  man's  inability 
to  act,  wch.  he  has  not  been  able  to  do  otherwise  then  in  his 
chamber  or  bed,  but  is  of  so  petulant  a  temper  that  I  have  been 
unwilling  to  interfere,  and  Mr.  Fairfax  not  pressing  to  serve  under 
such  a  peevish  gentleman  without  the  manner  of  his  acting  and 
pay,  or  fees,  was  settled  for  wch.  I  have  no  direction  how  to  divide 
it,  and  Mr.  Graves  having  no  other  support  but  this  employ  wch. 
he  has  been  several  years  possess 'd  of.  I  am  very  unwilling  to 
meddle  in  this  affair  without  its  first  being  settled  in  England. 
But  beg  leave  to  propose  for  H.M.  approbation  that  Mr.  Graves 
may  enjoy  his  annual  sallary  of  £70,  and  the  fees  of  Collector  will 
content  Mr.  Fairfax  during  Mr.  Graves's  life  etc.  Capt.  Gale  is 
Commander  of  the  ship  Delicia  which  I  came  in  and  being  one  that 
I  can  rely  on  have  taken  him  into  the  Council.  Mr  Hooper  is  his 
chief  mate  and  by  the  former  reasons  chose  him,  and  by  my 
Commission  made  him  Naval  Officer,  but  how  long  these  two  last 
gentm.  will  continue  here,  I  know  not.  The  satisfaction  that  I 
proposed  at  home  to  myself  after  my  arrival  here  has  been  very 
much  taken  away  by  the  mortality  of  many  of  my  soldiers, 
passengers,  and  seamen.  There  had  been  a  sickness  upon  the 
Island  about  a  fortnight  before  we  came  in  imputed  to  a  number 
of  raw  hides  put  on  shoar  near  the  towne,  wch.  putrified  the  air, 
but  as  if  only  fresh  European  blood  could  only  draw  the  infection, 


374  COLONIAL    PAPERS. 

1718. 

the  inhabitants  and  people  quickly  became  free  and  our  pool- 
attendants  on  every  hand  seized  so  violently  that  I  have  had 
above  100  sick  at  one  time  and  not  a  healthful!  officer,  till  now  we 
begin  to  recover.  The  air  being  purged  I  trust  in  God  shall  not 
see  such  another  season  ;  this  last  being  such  an  extraordinary 
fatality  unknown  before  to  persons  who  have  lived  here  these 
forty  years  past.  But  they  all  agree  yt.  people  when  they  become 
sickley  in  most  of  the  other  American  Plantations  find  releif  when 
they  come  here.  The  Island  of  Providence  is  at  present  over- 
grown with  wood  but  affords  an  agreeable  view  of  what  industry 
may  make,  and  I  hope  for  the  honour,  and  good  fortune,  to  see 
the  Bahamas  equall  if  not  exceed  the  characters  given  you  in  my 
several  Memorials  etc.  Here  we  found  the  ruins  of  the  former 
fort  which  we  are  employ 'd  in  rebuilding,  one  bastion  fronting  the 
sea  last  week  fell  down  having  only  a  crazy  crack'd  wall  in  its 
foundation.  The  wages  of  hired  workmen  are  extravagantly 
dear,  and  I  have  buried  most  of  those  I  brought  with  me.  If  H.M. 
would  please  to  contribute  towards  the  fortifications  necessary 
to  be  erected  in  two  more  places  in  the  harbour  of  Nassau  when 
I  have  workmen  here,  the  charge  would  be  much  less  then  at  any 
other  place  in  the  West  Indies,  and  I  presume  not  of  less  conse- 
quence, another  Indepeiidant  Company  with  one  years  provision 
more  would  be  sufficient  to  garrison  it,  and  I  dare  be  confident 
that  in  little  time  after  our  Assembly  shall  be  called,  I  could  find 
an  expedient  to  raise  a  fund  for  supporting  the  garrison  on  their 
bare  pay.  Here  is  the  best  stone,  lime  and  timber,  everywhere 
on  this  Island,  but  at  present  the  excessive  laziness  of  the  people 
and  sickly  season  has  been  the  only  cause,  I  have  not  put  the 
place  by  this  time  in  a  better  posture  of  defence.  I  shall  continue 
doing  all  I  can  for  fear  of  a  sudden  rupture  wth.  either  France  or 
Spain,  it  lying  so  advantageous  to  annoy  their  trade  that  they 
would  dread  the  consequence  of  this  place  more  then  any  other 
English  settlement  in  America.  In  dependance  that  I  shall  have 
numbers  of  new  inhabitants  by  that  time  I  can  have  H.M.  Orders, 
I  beg  in  the  next  place  to  recommend  the  settlement  of  an 
Assembly  for  these  Islands  wch.  with  submission  may  consist  of 
15  persons  for  Providence  two  for  Elutheria  two  for  Harbour 
Island  one  for  Abacoa  the  number  may  be  encreased  for  each 
Island  as  they  shall  be  settled,  for  I  cannot  forme  a  Council  and 
Assembly  out  of  those  that  are  now  here  except  I  take  such  as  are 
not  to  be  rely'd  on,  and  most  of  them  are  poor  and  so  addicted  to 
idleness  that  they  would  chuse  rathar  almost  to  starve  then  work. 
We  have  scarce  half  of  those  who  have  been  pirates  left,  for  they 
soon  became  weary  of  living  under  restraint  and  are  either  gone 
to  several  parts  of  North  America,  or  engaged  themselves  on 
services  at  sea,  wch.  I  was  willing  to  promote,  for  they  are  not  the 

rople  I  ought  to  think  will  make  any  land  improvements,  and 
wish  they  may  be  faithfull  at  sea.  I  shall  depend  on  those  I 
have  invited  from  several  Collonys  accustomed  to  plantations, 
particularly  the  whole  inhabitants  of  Anguilla,  who  readily 
accepted  my  offer  when  I  called  there  in  my  way  hither.  Anguilla 
is  a  defenceless  barren  Island  amongst  the  Caribes  that  has  as  they 


AMERICA    AND    WEST    INDIES.  375 

1718. 

themselves  informe  me  about  1800  whites  and  blacks  on  it.  The 
people  are  very  poor  but  industrious.  I  have  sent  a  vessel  to 
give  notice  of  my  being  in  security  here,  on  which  I  expect  many 
of  their  family s  and  slaves  will  come  in  their  own  vessels.  I  am 
more  covetous  of  those  people  because  I  observed  and  was  told 
that  they  all  live  in  perfect  friendship  with  each  other,  and  are 
of  modest  behaviour,  whose  conversations  will  very  much  reform 
the  contrary  manners  of  the  men  and  women  now  with  us,  which 
cannot,  be  suddenly  changed.  Many  others  have  sent  me  word 
from  Bermudas  that  the  inhabitants  are  too  numerous,  and  at 
Carolina  where  I  hear  they  dread  a  worse  Indian  warr  then  the 
last,  and  dont  beleive  themselves  secure  under  the  Proprietors. 
Numbers  of  those  people  I  depend  will  be  here  from  the  knowledge 
they  have  of  the  soil  being  so  very  productive,  that  with  little 
labour  almost  every  root,  plant  or  grain  will  in  small  time  ripen 
to  perfection.  We  may  soon  expect  to  rake  salt  enough,  from  the 
several  ponds  amongst  the  windward  Bahama  Islands,  to  supply 
Newfoundland  and  all  North  America,  and  were  it  worth  while 
vast  quantitys  for  Europe,  so  that  we  hope  to  have  the  same 
vessels  as  now  do  use  Salturtuga  come  here  for  salt,  as  being  much 
nearer  all  North  America.  Here  might  be  very  good  whale 
fisherys  promoted.  We  expect  experienc'd  men  from  Bermudas 
to  begin  on  it  this  year.  Ambergrease  is  found  in  large  quantitys 
amongst  these  Islands  etc.  I  have  erected  a  small  fort  of  eight 
guns  at  the  eastermost  entrance  into  the  harbour  where  we  keep 
watch,  and  have  formed  the  inhabitants  and  all  the  rest  of  the 
men  on  this  Island  into  three  companys  of  Militia,  under  their 
own  officers,  who  by  turns  keep  a  guard  in  the  town  every  night. 
I  don't  fear  but  theyl  all  stand  by  me  in  case  of  any  attempt 
except  pirates,  but  should  their  old  friends  have  strength  enough 
to  designe  to  attack  me,  I  much  doubt  whether  I  should  find  one 
half  to  joyn  me.  This  made  me  keep  not  only  the  guardship 
according  to  my  proposals  to  protect  the  place,  but  till  now  two 
ships  more  belonging  to  the  gentm.  that  has  so  generously 
adventured  to  make  this  settlement.  I  haveing  been  very  ill 
almost  ever  since  my  arrival  here  and  my  Independt.  Com  pa. 
and  those  that  came  wth.  me  reduced  so  low,  that  sometimes,  I 
had  scarce  men  to  mount  the  necessary  guards  this  has  been 
extreamly  fateaguing  to  us  here  and  very  expensive  to  the  above 
Gentlemen  adventurers  beyond  wt.  could  be  imagined  at  home. 
I  have  commissioned  Edwd.  Holmes  Esq.  one  of  the  Council,  to 
be  Deputy  Governour  of  Elutheria  where  there  is  about  50 
familys  and  70  men  formed  into  a  Militia  Company  and  Richard 
Thompson  Esq.  another  of  the  Council  Deputy  Governour  of 
Harbour  Island  where  are  about  60  familys,  and  80  men  wch.  are 
also  in  another  Company  of  Militia  they  have  fortified  themselves 
and  secured  the  harbour  wch.  is  very  narrow  at  the  enterance 
but  a  ship  of  18  foot  water  may  go  in  and  ride  very  securely,  a 
draught  of  this  harbour  and  all  ye  Bahama  Islands  are  indifferently 
well  done  by  one  Cajft.  Cockram  and  I  have  sent  it  home  by  the 
Samuel  that  brings  this,  there  are  severall  good  men  there  that 
may  be  relyed  on.  I  have  supplyed  them  wth.  powder  and  shot, 


COLONIAL   PAPERS. 

1718. 

for  they  have  two  small  forts,  one  of  eight  six-pounders  and  the 
other  of  four  nine-pounders  that  commands  the  entrance  and 
harbour.     I  prevailed  wth.  Comadore  Chamberlain  to  stay  till 
the  16th  Aug.  and  wth.  some  difficulty  procured  his  order  to  Capt. 
Whitney  to  stay  three  weeks  longer  in  which  time  I  was  in  hopes 
my  men  and  the  fortification  would  be  in  a  better  state  for  I 
wanted  to  depend  on  my  own  strenght  without  the  men  of  war 
if  possible,  since  they  often  told  me  they  had  no  orders,  and  was 
very  much  against  staying  wth.  me  when  the  three  weeks  was 
expired  I  was  yet  in  a  worse  posture  of  defence  and  sick  myself  yet 
I  could  not  prevaile  with  Capt.  Whitney  to  stay  longer  then  the 
14th  Sept.  tho'  we  depended  every  minute  to  hear  of  Vaine  wch. 
Capt.  Whitney  and  I  knew  was  expected  at  Abacco  every  minute, 
for  on  1st  Sepr.  three  men  that  came  in  a  boat  from  Vaine  who 
was  then  on  the  coast  of  Cuba  confess'd  they  promised  to  meet 
him  again  about  this  time  there  ;  And  the  very  day  after  Capt. 
Whitney  sailed,  I  had  an  express  sent  me  that  three  vessels 
supposed  to  be  Vaine  and  his  prizes  were  at  Green  Turtle  Key 
near  Abacoa  and  since  I  had  no  strenght  to  do  better,  I  got  a 
sloop  fitted  under  the  command  of  Capt.  Horny  gold  to  send  and 
view  them  and  bring  me  an  accot.  what  they  were,  in  the  mean 
time  I  keep  a  very  strick't  watch  for  fear  of  any  surprize,  and  not 
hearing  from  Capt.  Hornigold  I  was  afraid  he  was  either  taken  by 
Vaine  or  begun  his  old  practice  of  pirating  again,  wch.  was  the 
general  opinion  here  in  his  absence,  but  to  my  great  satisfaction 
he  return 'd  in  about  three  weeks  having  lain  most  of  that  time 
concealed  and  viewing  of  Vaine  the  Pirate  in  order  to  surprize 
him  or  some  of  his  men  that  they  expected  would  be  near  them  in 
their  boats,  but  tho  they  failed  in  this  Capt.  Horny  gold  brought 
wth.  him  a  sloop  of  this  place,  that  got  leave  from  me  to  go  out  a 
turtling  but  had  been  trading  wth.  Vaine  who  had  then  wth. 
him  two  ships  and  a  brigantine,  his  sloop  that  he  escaped  hence 
in  being  run  away  with  by  another  set  of  new  pirates,  the  two 
ships  he  took  coming  out  of  Carolina  one  of  400  and  the  other  of 
200  tons  loaded  wth.  rice,  pitch  and  tarr  and  skins  bound  for 
London  the  Neptune  Capt.  King  being  the  largest  he  sunk  and  the 
Emperour  Capt.  Arnold  Gowers  he  left  without  doing  her  any 
damage  except  taking  away  their  provisions.     I  have  secured  the 
meroht.  that  traded  wth.  Vaine  and  having  not  yet  a  power  to 
make  an  example  of  them  here  he  remains  in  irons  to  be  sent  home 
to   England   by  the  next  ship.     For  want  of  Capt.  Whitney's 
staying  to  assist  me  we  have  once  more  missed  taking  this  Pirate. 
I  beg  your  Lordships  (if  H.M.  signifies  his  pleasure  of  stationing 
any  ships  of  war  here)  that  they  may  be  under  the  direction  of  the 
Governour  and  Council  whilst  here  or  at  least  one  of  them,  other- 
wise we  expect  little  benifit  by  their  assistance  if  the  Shark  sloop 
that  came  wth.  us  was  appointed  or  any  other  such  small  cruzier 
we  then  could  joyne  a  sloop  or  two  and  men  from  the  guarrison 
with  the  best  of  the  people  here  and  soon  be  out  after  any  pirate 
for  we  may  expect  to  be  alarmed  by  them  whilst  there  are  any 
in  America.     This  Vaine  had  the  impudence  to  send  me  word 
that  he  design's  to  burn  my  guardship  and  visit  me  very  soon  to 


AMERICA   AND   WEST   INDIES.  377 

1718. 

return  the  affront,  I  gave  him  on  my  arrival  in  sending  two  sloops 
after  him  instead  of  answering  the  letter  he  sent  me.  He  expects 
soon  to  joyne  Majr.  Bonnet  or  some  other  pirate,  and  then  I  am 
to  be  attack'd  by  them.  But  being  now  got  to  the  20th  of  Octr., 
the  heat  abates  very  much  and  our  people  all  begin  to  be  pretty 
well  and  our  fort  will  be  soon  in  a  tollerable  posture  of  defence, 
and  the  guardship  is  well  provided  wch.  makes  me  now  not 
concern 'd  at  his  threats.  Capt.  Horny  gold  having  proved  honest, 
and  disobliged  his  old  friends  by  seazing  this  vessel  it  devides  the 
people  here  and  makes  me  stronger  then  I  expected.  The  6th 
of  Sepr.  I  wrot  Governour  Hunter  at  New  York  of  the  mallan- 
cholly  state  of  our  settlement  and  at  that  time  beg'd  that  he  would 
send  me  40  of  his  guarrison  and  an  officer  for  then  I  was  afraid 
that  the  distemper  would  run  further  then  it  has,  and  make  me 
too  weak  to  hold  this  place.  On  the  15th  Sepr.  fearing  my  letter 
to  Governour  Hunter  should  miscarry  I  wrot  the  same  to  Sr. 
Nichs.  Lawes  Governour  of  Jamaica  and  beg'd  20  or  30  men  from 
him.  But  on  the  6th  of  Oct.  our  people  being  somewt.  recovered 
and  ye  pirates  many  of  them  gone  hence,  T  acquainted  the  Gover- 
nour of  New  York  yt.  if  his  men  were  not  on  their  way  hither,  I 
desired  the  lent  but  of  25  men  till  he  had  more  inhabitants  and 
yt.  1  would  pay  the  transportation.  1  again  wrote  the  Govemour 
of  Jamaica  yt.  1  did  hope  I  could  do  without  any  of  his  soldiers, 
and  desired  he'd  keep  them  if  not  come  away  thence,  because  my 
people  began  to  be  more  healthfull.  I  can  now  muster  in  armes 
of  our  own  people  belonging  to  the  Independant  Company,  112  ; 
of  passengers  and  new  inhabitants  that  I  can  rely  on,  30.  And 
at  our  last  muster  of  ye  merooners  and  the  inhabitants  we  have 
at  home  to  appear  in  armes,  152.  There  are  about  150  more 
that  has  been  pirates  who  has  gone  hence  since  my  arrival  and 
keeps  near  this  place  moving  out  and  home  mostly  amongst 
these  Islands  and  coast  of  Cuba  if  they  all  return  I  will  endeavour 
to  keep  them  employed,  I  expect  not  less  then  150  of  these  sort 
of  people  at  home  continually,  till  new  inhabitants  of  better 
principalls  come  to  make  us  stronger.  Nov.  4th.  Whilst  I 
was  concluding  this  letter  there  came  in  some  of  those  men 
before  mentioned,  but  with  ye  unwelcome  news  of  all  our 
vessels  designing  to  trade  on  Cuba  being  seized  on  and  run  away 
with  by  the  very  sailors  that  came  in  on  the  Act  of  Grace,  and 
entered  here  to  navigate  them,  they  still  retaining  the  itching 
desire  to  return  to  their  former  vile  course  of  life,  made  use  of 
the  first  opperfunity  and  finding  themselves  stronger  then  the 
honest  side  on  a  signal  given  made  the  other  prisoners.  But 
before  they  had  prepar'd  their  vessels  for  piracy  they  turn'd 
four  of  their  men  which  I  recommend'd  on  shoar  by  themselves 
on  a  desart  island  ye  Spaniards  soon  after  attack't  them  in  a 
small  haven  amongst  these  islands  and  whilst  they  were  preparing 
their  vessels  took  advantage  of  their  cowardice  and  surprized 
them.  The  English  renegadoes  flying  out  of  their  sloops  on 
shoar,  and  would  not  accept  of  the  offer  the  prisoners  made  to 
assist  them  against  the  Spaniards  whom  they  might  have  taken 
being  superior  in  number  and  strength.  This  attempt  of  the 


378  COLONIAL    PAPERS. 

1718. 

Spaniards  tho  ill  intended  had  two  good  consequences  to  us  the 
one  in  breaking  the  measures  concerted  by  these  new  villains  who 
intended  to  joyne  -Vaine  and  attempt  this  place,  and  the  other  in 

Ere  venting  the  Spaniards'  design  on  Elutheria  or  Harbour 
sland  as  they  declared  they  intended  to  surprize  one  of  these 
places  in  the  night.  The  French  also  cast  their  eyes  on  these 
Islands  and  I  beleive  whenever  they  have  an  oppertunity  they'l 
not  scruple  it  for  want  of  title  for.  A  sloop  belonging  to  these 
Islands  conveyed  a  letter  from  me  to  ye  French  General  of 
Hispaniola  about  a  brigantine  the  pirates  has  left  here  ye  person 
that  deliver'd  the  letter  to  the  General  informes  me  he  stampt 
wth.  his  foot  and  said  in  a  passion  that  the  French  king  his  Master 
had  right  to  these  Islands  and  that  they  would  settle  here  very 
soon  such  are  the  sentiments  of  these  two  Nations  and  as  we  find 
they  think,  that  they  are  worth  contending  for  it  is  ye  greater 
reason  for  us  to  value  ye  possession  for  if  we  loose  these  Islands, 
we  shall  better  judge  of  the  consequence  had  we  kept  them  by 
finding  how  much  they  are  capable  of  annoying  ye  neighbourhood. 
I  have  yet  had  no  tryal  of  the  men  I  now  most  depend  on  but 
I  hope  I  have  about  200  including  my  Independant  Company, 
that  may  be  relyed  on  against  all  attacks,  and  because  here  are 
several  amongst  them  that  seems  ambitious  to  convince  me,  of 
their  integrity  to  serve  this  Settlemt.  and  as  I  do  not  know  how 
to  hold  this  place  without  their  assistance,  I  beg  your  Lordships 
would  interceed  wth.  H.M.  to  procure  them  the  same  favours  as 
Governour  Bennet  procur'd  for  those  that  surrendred  to  him  at 
Bermudas  wch.  will  very  much  endear  the  reform'd  here,  and  be 
their  security  when  they  have  occation  to  visit  any  other  Settle- 
ment, some  of  them  were  amongst  others  that  comitted  acts  of 
piracy  since  the  5th  of  Janry.  last  but  seem  to  be  reform'd,  this 
has  been  one  great  reason  why  I  gave  them  all  their  certificates  in 
ye  manner  I  did  (copy  inclosed)  neither  have  I  exerted  my  power 
as  Vice  Admiral  to  seize  many  things  that  I  might  have  laid  my 
hands  on  because  I  would  not  quarrel  at  the  time  of  my  mens 
great  sickness  when  they  might  have  sent  us  all  back  again.  My 
not  then  taking  an  advantage  of  them  has  stopt  several  here  that 
would  have  been  out  a  pirating  afresh  this  I  hope  will  redound 
to  the  publick  service  wch.  I  have  and  shall  regard  before  my 
own  interest.  What  wth.  the  pirates  robbing  us  and  ye  inclination 
of  many  of  our  people  to  joyn  them,  and  the  Spaniards  threatning 
to  attempt  these  Islands  we  are  continually  obliged  to  keep  on 
our  guard  and  our  trading  vessels  in  our  harbour  above  100  men 
that  accepted  H.M.  Act  of  Grace  in  this  place  are  now  out  pirating 
again  and  except  effectual  measures  are  taken  the  whole  trade  of 
America  must  be  soon  ruin'd  etc.  Signed,  Woodes  Rogers. 
Endorsed,  Reed.,  Read  17th  Dec.,  1718.  25  pp.  Enclosed, 
737.  i.  (a)  List  of  soldiers,  sailors  and  passengers  deceased 

since  we  arrived  at  Providence.     86  names. 

(b)  List  of  men  entered,  discharged  and  deserted  since 

we  left  England.     19  names.     Endorsed,  Reed.    16th, 

Read  17th  Dec.,  1718. 
737.  ii.  Copy  of  proceedings  of  Governour  and  Council  of  the 


AMERICA    AND    WEST    INDIES.  379 

1718. 

Bahama  Islands,   Nassau,  Providence,  1st  Aug. — 28th 
Sept.,  1718.     Endorsed  as  preceding.     8  pp. 

737.  iii.  Deposition  of  Thomas  Bowlin,  and  four  others, 
Nassau  on  Providence,  8th  Sept.,  1718.  Deponent 
sailed  about  three  months  ago  from  Harbour  Island, 
on  board  the  sloop  Dolphin,  to  trade  with  the  Spaniards 
for  live  stock  at  Porto  Prince,  Cuba.  Here  the  sloop 
was  seized  by  ..one  of  the  Commanders  of  the  Guarda 
d'la  Coast's,  who  compelled  deponent  to  sail  with  him 
as  pilot  for  Andros  Island  in  order  to  look  out  for  English 
vessels  cutting  wood,  and  thence  to  Providence,  where 
he  lay  viewing  the  island,  in  order  to  take  some  boat 
for  intelligence  etc.  On  returning  to  Porto  Prince, 
deponent,  with  four  of  the  Company,  was  allowed  to 
depart  in  a  periauger,  leaving  one  of  the  company  as 
hostage  for  the  fulfilment  of  the  condition  that  they 
should  pay  for  the  same  and  return  with  letters  from 
the  Governor  here  to  prove  themselves  to  be  honest 
men,  the  Alcalda  being  of  opinion  that  they  were  pirates 
and  that  there  was  no  Governor  here  etc.  Signed, 
Thomas  Bowling,  Phillip  Cockrem,  William  Rutherford, 
Nathaniell  Baran,  Josep  Hern,  alias  Middlebourrow. 
Endorsed  as  preceding.  2f  pp. 

737.  iv.  Deposition  of  William  Dewick,  of  Kingston  in 
Jamaica,  mariner,  and  three  others.  15th  Sept.,  1718. 
On  19th  July  last  deponent  was  on  board  the  sloop 
Edward  and  William  at  anchor  in  a  lagoon  on  the  coast 
of  Florida,  10  leagues  to  the  southerd  of  the  norther- 
most  Spanish  wrecks,  in  company  with  4  other  sloops. 
Four  Spanish  vessels  showing  themselves  off  the  mouth 
of  the  harbour,  the  English  fired  several  shot  to  bring 
them  to,  not  knowing  who  they  were.  The  Spaniards 
landed  about  130  of  their  people  on  the  north  side  of  the 
lagoon,  who  marched  within  gunshot  of  their  vessels, 
and  engaged  them  from  the  shore,  and  at  the  same  time 
one'  of  the  Spanish  vessels  plying  too  and  from  play'd 
upon  them  with  great  shot  from  the  mouth  of  the  harbour. 
One  Englishman  was  killed  and  six  wounded,  and  one 
Spaniard  was  found  dead  on  the  shoar  after  the  rest 
were  gone  aboard,  which  they  did  that  evening,  and  stood 
away  to  sea.  On  19th  Aug.  two  Spanish  brigantines 
came  against  the  mouth  of  the  harbour,  one  row  galley, 
six  sloops  (two  of  which  were  English  vessels,  taken  by 
the  Spaniards  in  their  passage  from  the  Havanna  thither, 
one  of  them  belonging  to  New  York  was  commanded  by 
one  Boniett,  and  the  other  belonging  to  the  Asciento 
Factor  at  the  Havanna  commanded  by  Capt.  Marshall 
of  Jamaica)  etc.  In  reply  to  a  flag  of  truce,  they 
proposed  that  if  the  English  would  permit  them  without 
opposition  to  come  into  the  harbour,  they  would  not 
interrupt  them  in  working  upon  the  wrecks,  but  that 
each  company  should  work  without  doeing  any  injury 


380  COLONIAL  PAPERS. 

1718. 


to  the  other.  This  was  agreed  to,  and  the  Spaniards 
treacherously  surprising  the  English  made  them  all 
prisoners  and  took  what  moneys  and  plate  they  had 
got  from  the  wrecks.  Deponent  with  20  others  was 
put  on  board  the  Edward  and  Sarah  schooner  in  order 
to  be  sent  to  the  Havanna  under  the  conduct  of  five 
Spaniards  in  company  with  a  Spanish  sloop,  from  whom 
they  were  parted  Iby  bad  weather,  whereupon  deponents 
secured  the  Spaniards  and  their  armes,  and  made  way 
with  'em  for  this  place.  Signed,  Wm.  Dewick  and  three 
others.  If  pp. 

737.  v.  Certificate  by  Governor  Woodes  Rogers  as  to  the  taking 
of  preceding  deposition.  Deponents  added  that  the 
report  made  by  the  Spaniards  of  a  black  flagg  being 
hoisted  against  them  when  they  first  assalted  the  English 
at  anchor  in  the  lagoon  is  utterly  false  etc.  15th  Sepr., 
1718.  Signed,  Woodes  Rogers.  Endorsed,  Reed.  16th, 
Read  17th  Dec.,  1718.  1  p. 

737.  vi.  Estimate  of  stores  of  war  etc.  needed  for  fortifying 
Providence.  Nassau,  Oct.  31st,  1718.  Endorsed  as 
preceding.  1 J  pp. 

737.  vii.  Deposition  of  Richard  Tayler,  of  Philadelphia, 
Master  of  the  sloop  Elizabeth  and  Mary,  of  Pennsilvania, 
and  three  others.  Nassau,  4th  Aug.,  1718.  Arriving 
at  Exuma,  5th  July,  to  load  salt,  he  and  his  sloop  were 
taken  by  three  Spanish  periaugas  from  Baracoa  etc. 
They  sent  away  his  sloop  for  Baracoa  and  from  thence 
till  the  24th,  deponent  was  confined  as  prisoner  with 
his  mate  and  two  others,  cruising  about  between 
Stocking  Island,  and  Exuma,  att  wch.  time  they  stretch 'd 
over  for  Catt  Island,  and  on  the  26th  landed  there  in 
a  creek  on  the  S.W.  part  of  the  Island,  and  took  6  women 
and  several  children,  but  not  one  of  the  men  belonging 
to  the  said  Island,  they  all  flying  to  the  bushes  for 
shelter.  They  carried  of  thence  all  the  goods  they  could 
find  belonging  to  the  inhabitants,  even  to  the  meanest 
of  their  houshold  utensils.  At  the  same  place  they  met 
and  took  8  men  who  had  lately  belong'd  to  a  pirate 
sloop  built  at  Bermudas,  commanded  by  one  Cha.  Yate 
etc.  Richard  Holland,  an  Irishman  in  command  of  one 
of  them,  told  deponent  that  a  new  Governor  was  lately 
arrived  at  the  Havana  from  Spain,  with  orders  to  destroy 
all  the  English  settlements  on  the  Bahama  Islands  :  and 
that  they  had  provided  for  that  purpose,  one  ship  of 
50  guns  and  700  men,  another  of  26  guns  and  300  men, 
and  three  row  gaily s  full  of  men,  wth.  instructions  in 
case  of  surrender,  to  transport  the  people  and  their 
effects  to  Carolina,  Virginia,  or  some  other  of  the 
Northern  Governments,  but  in  case  of  resistance  to  send 
them  to  the  Havana,  for  Old  Spain.  Deponent  desired 
that  he  might  go  with  his  sloop  to  defend  her  upon  her 
trial,  but  this  was  refused,  and  Holland  said  the 


AMERICA   AND   WEST   INDIES.  381 

1718. 

Alcacaid  of  Baracoa  or  Trinidade  would  for  500  peices 
of  eight  condemn  any  vessel  he  carried  in,  and  shewed 
him  a  large  commission  from  the  Alcaid  of  Baracoa  for 
what  he  did  etc.  Signed,  Richd.  Taylor  and  three  others 
2pp. 

737.  viii.  Governor  Woodes  Roger's  certificate  as  to  the  taking 
of  preceding  deposition,  4th  Aug.  Signed,  Woodes 
Rogers.  Endorsed,  Reed.  16th,  Read  17th  Dec.,  1718 
J  p.  [(7.0.  23,  1.  Nos.  10,  10  i.-viii.] 

Nov.  3.  738.  Governor  Hunter  to  the  Council  of  Trade  and  Planta- 
NewYork.  tions.  Abstract.  Acknowledges  letters.  As  to  the  badness  of 
pitch  and'  tar  exported  from  the  Plantations,  no  remedy  can  be 
applied  till  the  Assembly  meets  next  spring.  Will  follow  the 
Solicitor  General's  opinion  concerning  licenses  for  whale-fishing. 
Acknowledges  Commission  for  pardoning  pirates,  which  he  is 
afraid  will  meet  with  bad  returns,  "  for  we  have  found  by  experi- 
ence that  their  money  spent  and  no  merchant  willing  to  employ 
them,  they  generally  return  to  their  former  course  of  life."  The 
Province  and  Legislature  are  under  the  deepest  obligations  to  the 
Board  for  transmitting  the  caveats  lodged  with  them  against  the 
Act  for  payment  of  the  remainder  of  the  publick  debts.  Explains 
and  defends  said  Act,  and  encloses  Council's  answer,  and  also 
Assembly's  Address,  upon  Address  of  Grand  Jury  against  the  bill 
(cf.  7th  Aug.).  "  A  few  merchants  here  with  those  over  whom 
they  had  any  influence  have  formerly  and  will  ever  hereafter 
oppose  and  obstruct  as  much  as  in  them  lies  all  acts  for  support 
of  Government  although  it  is  self  evident  that  all  this  time  our 
credit  is  higher  and  our  trade  more  considerable  than  formerly, 
as  your  Lordships  may  observe  from  the  Naval  Officer's  account. 
We  have  heard  with  pleasure  of  Sir  George  Byng's  success  against 
the  Spanish  fleet  they  have  indeed  been  making  war  upon  us  of  a 
long  time  as  your  Lordships  will  observe  from  the  Assembly's 
address  "  enclosed.  The  Provincial  Agent  will  lay  the  papers 
relating  to  the  seizure  referred  to  before  the  Board.  Encloses 
acts  passed  the  two  last  Sessions,  none  of  which  require  any 
observations.  By  one  the  inconveniences  complained  of  in  the 
Revenue  acts  are  removed.  But,  for  reasons  previously  stated 
(July  7th  etc.),  asks,  on  behalf  of  the  Legislature  and  people,  for 
H.M.  permission  to  make  good  the  deficiencies  that  will  be  caused 
by  said  act,  by  passing  an  act  laying  a  duty  of  2  p.c.  on  all  dry 
goods  directly  imported  from  Europe,  which  being  on  the  prime 
cost  does  not  amount  to  one  per  cent,  and  is  in  reality  paid  by  the 
purchasers  themselves,  for  without  this  the  wisest  men  cannot 
devise  funds  sufficient  for  the  future  support  of  the  Government. 
Encloses  Minutes  of  Council  and  Journal  of  Assembly,  and 
recommends  to  the  Board's  consideration  the  Address  of  Assembly 
relating  to  the  Revenue  acts.  Concludes  : — "And  when  you  have 
reflected  on  the  former  difficulties  in  setleing  any  Revenue  at  all 
and  the  consequences  that  may  attend  the  obstruction  of  a  future 
setlement  I  cannot  perswade  my  self  that  your  Lordships  can 
think  that  the  clamours  of  a  few  self  interested  men  avowed 


382  COLONIAL    PAPERS. 

1718. 


enemies  to  all  such  setlement  can  have  force  or  weight  to  over- 
bear the  joint  opinion  of  H.M.  Councill  here  the  Representatives  of 
this  Province  and  the  whole  body  of  such  as  are  known  to  be  well 
affected  to  his  person  and  Government.  The  affairs  of  the 
Jerseys  require  no  separate  letter  all  continues  there  in  perfect 
tranquillity  that  Assembly  which  was  to  have  met  at  this  time 
is  adjourned  to  the  beginning  of  January  by  reason  of  their 
Courts  of  Justice  which  sit  in  this  and  next  month  in  the  several 
Counties."  Set  out,  N.Y.  Col.  Docs.  V.,  p.  520.  Signed,  Ro. 
Hunter.  Endorsed,  17th  Dec.,  1718,  Read  23rd  April,  1719. 
6 1  pp.  Enclosed, 

738.  i.  Memorial  of  the  Governor  and  Council  of  New  York 
to  the  Council  of  Trade  and  Plantations.  Reply  to 
caveats  against  the  Act  for  payment  of  public  debts  etc. 
It  is  with  no  small  concern  we  find  a  number  of  strangers 
to  the  Province  very  little  interested  in  the  trade  of  it 
become  the  advocates  of  a  few  male  contents  here  and 
arraign  the  whole  Legislature  as  the  vilest  of  persons. 
We  hope  a  libel  against  the  Legislature  founded  only  on 
imaginations  and  suspicions  may  be  dismist  with  such 
a  rebuke  as  will  discourage  such  attempts  for  the  future, 
etc.  Their  preamble  consists  of  gross  prevarications 
and  misrepresentations.  First  they  set  forth  that  the 
debts  accrued  but  since  1698  and  that  they  were  stated 
by  the  Commissioners  at  £19,000,  and  that  by  claims 
comeing  in  afterwards  with  what  was  added  by  this 
board  they  were  found  to  amount  to  £27,680,  which  was 
paid  by  an  Act  for  that  purpose.  But  that  it  was 
declared  at  the  passing  of  that  Act  and  inserted  into 
the  preamble  of  it,  that  that  Act  should  not  serve  as  a 
president  for  any  like  bill  for  the  future.  The  truth  is 
very  different.  The  debts  began  as  far  back  as  1687, 
and  were  stated  by  the  Commissioners  at  £36,482  13s.  Ifd., 
nor  was  there  any  such  declaration  as  they  say  in  any 
part  of  it,  nor  is  it  to  be  thought  reasonable  that  the 
Legislature  would  make  any  such  declaration  as  would 
intemedate  the  people  and  be  a  means  of  their  denying 
a  credit  to  the  Government  when  there  was  occasion  for  it. 
Continue  : — They  represent  the  Act  now  complained  of 
as  a  piece  of  private  managery  and  that  the  Assembly 
took  all  the  care  they  could  to  make  it  so  by  not  printing 
their  votes.  This  is  a  very  wicked  as  well  as  rediculous 
representation  for  tho'  it  be  true  that  the  votes  were 
not  printed  (owing  to  the  negligence  of  the  printer, 
there  being  a  standing  order  for  that  purpose  and  sheets 
of  votes  were  carried  by  the  clerk  of  the  house  to  him 
for  that  end),  yet  the  procedings  were  not  less  publick, 
for  on  Aug.  24th  1716  there  was  an  order  of  the  General 
Assembly  to  certain  persons  therein  named  to  receive 
the  several  claimes  and  report  them  at  the  next  meet- 
ing of  the  house  these  persons  sat  publickly  all  the 
following  winter  and  part  of  the  next  summer  etc, 


AMERICA  AND  WEST  INDIES.  383 

1718. 

Some  of  the  Grand  Jury  who  gave  rise  to  this  repre- 
sentation solicited  that  Assembly  for  debts  and  had 
them  etc.  It  is  rediculous  to  make  the  pretence  of 

Erivacie  when  anybody  for  a  small  value  might  have 
•om  the  Clerk  every  night  a  coppy  of  the  votes  of  the 
foregoing  day  etc.  If  the  addressers  were  realy  concerned 
for  the  precariousness  of  the  funds,  they  might  have 
applied  to  us  before  whom  the  bill  then  was.  The 
reasons  for  enacting  the  bill  are  in  the  preamble,  which 
we  humbly  offer  as  reasons  sufficient  etc.  The  true 
reason  for  the  clamours  against  the  Act  is  because  those 
men  were  paid  who  appeared  so  early  on  the  side  of 
the  Revolution  etc.  Answer  objections  in  detail.  Cf. 
June  4th,  1719.  Conclude: — The  Act  has  the  just 
relief  of  many  persons  and  the  credit  and  service  of  the 
Government  for  its  foundation  :  the  repeal  of  it  will  be 
attended  with  dangerous  consequences  etc.  Signed, 
Ro.  Hunter,  A.D.  Peyster,  R.  Walter,  Gerard  Beekman, 
Rip  Van  Dam,  John  Barberie,  Th.  Byerly,  John  John- 
ston. Endorsed,  Reed.  17th  Dec.,  1718,  Read  22nd, 
23rd  April,  1719.  15  pp. 

738.  ii.  Examination  of  Denis  Downing  before  the  Council  of 
New  York,  31st  Oct.,  1718.  He  signed  the  address 
against  the  passing  of  the  Act  for  payment  of  debts 
without  reading  it,  because  desired  by  Samuel  Barker 
and  others  in  a  coffee-house  in  London  in  April  last 
etc.  Signed,  Denis  Downing.  Endorsed,  Reed.  17th 
Dec.,  1718,  Read  23rd  April,  1719.  Copy.  1  p. 

738.  iii.  Affidavit  by  Gabriel  Ludlow,  Clerk  of  Assembly  of 
New  York,  31st  Oct.,  1718.  Confirms  No.  i.  as  to 
printing  of  votes  etc.  Signed,  G.  Ludlow.  Endorsed 
as  preceding.  Copy.  1  p. 

738.  iv.  Minutes  of  Assembly  of  New  York,  29th  Nov.  etc. 
1717.  Address  to  H.E.  ordered  upon  the  representation 
of  the  Grand  Jury  etc.  Copy.  1  p. 

738.  v.  Address  of  the  Assembly  of  New  York  to  Governor 
Hunter,  Dec.,  1717.  We  thank  you  for  communicating 
to  us  the  representation  of  the  Grand  Jury.  We  join 
with  them  in  acknowledging  that  to  your  just,  milde 
and  prudent  administration  is  very  much  owing  the 
flourishing  circumstances  wee  now  are  in  etc.  We  are 
very  much  concerned  to  find  a  number  of  men  some  of 
which  makes  so  considerable  a  figure  in  our  trade  to  be 
endeavouring  (but  wee  hope  not  intentionally)  the 
distruction  of  that  creditt  which  is  so  very  much  their 
interest  to  preserve  etc.  If  the  fonds  are  precarious  the 
Royall  assent  will  not  make  them  less  so  etc.  They  are 
the  same  funds  that  support  the  Government,  and  the 
credit  of  those  very  bills  now  currant  which  has  so  much 
raised  the  character  and  interest  of  the  trade  of  this 
place  etc.  Same  endorsement.  Copy.  2J  pp. 

738.  vi.  Address  of  the  Assembly  of  New  York  to  Governor 


384  COLONIAL    PAPERS. 

1718. 


Hunter.  New  York,  Oct.  14,  1718.  A  sloop  with  her 
cargo  belonging  to  the  Mayor  of  this  City  was  on  her 
voyage  to  this  port  taken  by  subjects  of  the  King  of 
Spaine  and  carried  into  St.  Juan  de  Porto  Ricco,  and 
there  condemned  though  the  master  had  neither  directly 
or  indirectly  traded  in  any  port  belonging  to  his  Catholick 
Majesty  or  with  any  of  his  subjects  etc.  Others  belong- 
ing to  this  port  have  been  taken  by  the  Spaniards  in 
their  voyages  to  and  from  the  West  Indies  with  only 
the  produce  of  H.M.  Plantations  on  board.  Several 
vessells  are  fitting  out  at  Porto  Ricco  in  order  to  seize 
such  English  vessells  as  shall  pass  that  way,  which  will 
render  our  trade  and  the  supply  of  provisions  to  the  West 
India  Islands  precarious,  and  this  being  of  most  fatall 
consequence  to  the  trade  of  this  Colony,  we  humbly 
pray  your  Excellency  that  you  would  represent  it  in 
such  manner  to  H.M.,  and  his  Ministers  that  restitution 
may  be  made  to  the  Mayor,  and  such  unjust  proceedings 
prevented  for  the  future.  Signed,  Rt.  Livingston, 
Speaker,  and  21  Members  of  Assembly.  Same  endorse- 
ment. Copy.  1  p.  [C.O.  5,  1051.  Nos.  88,  88  i.-vi.  ; 
and  (without  enclosures)  5,  1124.  pp.  79-86.] 

Nov.  3.  739.  Governor  Hunter  to  Mr.  Popple.  Acknowledges  letter 
New  York.  of  23rd  July  etc.  Continues  : — There  are  no  Counsellors  absent 
from  New  York  with  or  without  leave  tho'  some  live  remote  in 
the  Province  and  cannot  attend.  There  has  no  forreign  vessel 
been  here  to  trade  since  I  have  been  in  this  Government.  As  to 
our  vessels  that  trade  with  forreign  Plantations  I  shall  observe 
the  directions  given  me  by  their  Lordships.  I  have  by  the  same 
conveyance  transmitted  to  their  Lops,  all  publick  acts  minutes 
and  papers  which  were  mentioned  in  your  schedule  to  be  wanting 
except  the  Naval  Officer's  account  for  the  three  years  mentioned 
there  which  will  take  much  longer  time  than  I  have  at  present 
to  make  out.  But  if  you'll  be  pleased  to  send  to  the  board  of 
Customs  to  whom  for  that  three  years  they  have  been  by  a  very 
odd  mistake  transmitted  they  will  furnish  you  with  them,  they 
haveing  the  same  accounts  by  the  same  conveyances  from  the 
officers  of  the  Customs  here.  In  my  former  letters  to  their 
Lordships  I  have  in  effect  answered  what  you  writt  in  relation 
to  the  Council  of  the  Jerseys.  But  there  is  a  mistake  in  that 
list  of  Counsellors  you  sent  me  for  William  Morris  has  been  dead 
many  years  and  never  was  in  the  Councill  so  that  there  is  room 
for  John  Johnstoun  in  the  Eastern  Division  and  for  the  continua- 
tion of  the  good  old  man  George  Deacon  for  the  Western.  Of 
those  formerly  recommended  Miles  Foster  and  Robert  Wheeler 
are  dead  and  John  Bambridge  become  altogether  unfitt  by  age 
and  hard  drinking.  For  the  Eastern  Division  I  continue  my 
recommendation  in  case  of  vacancies  for  John  Reid,  Adam  Hude, 
John  Jobnstoun  and  Thomas  Leonard  and  John  Harrisone  is  now 
of  the  General  Assembly  but  he  is  of  the  Eastern  Division  alsoe. 
For  the  Western  John  Reiding  son  of  the  deceased  of  that  name 


AMERICA    AND    WEST    INDIES. 


385 


1718. 


Nov.  4. 

Antigua. 


Nov.  6. 

Whitehall. 


Nov.  9. 

Barbado's. 


Peter  Baird  merchant  and  inhabitant  of  Burlington  John  Muir- 
head  and  Anthony  Woodward.  But  before  I  can  venture  to 
recommend  more  I  must  be  better  advised.  There  was  no 
Assembly  sat  in  Jersey  in  any  of  these  three  years  of  which  you 
mention  the  Minutes  of  Assembly  to  be  wanting.  But  the 
Minutes  of  Councill  which  are  a  wranting  shall  go  so  soon  as  they 
are  perfected  which  I  hope  will  be  by  the  first  conveyance  etc. 
Signed,  Ro.  Hunter.  Endorsed,  Reed.  17th  Dec.,  1718,  Read 
23rd  April,  1719.  3  pp.  [C.O.  5,  1051.  No.  89  ;  and  5,  1124. 
pp.  88,  89.] 

740.  Governor  Hamilton  to  the  Council  of  Trade  and  Planta- 
tions.    Encloses  Minutes  of  Council  of  Antigua  7th  Feb.,  1716 — 
31st  March,  1718,  and  of  Assembly  llth  Feb.,  1716-31st  March, 
1718.     Concludes: — As  soon  as  I  get  the  remainder,  which  I 
believe  will  be  by  the  next  oppertunity  I  shall  not  fail  to  transmitt 
them    to    your   Lordships.     Signed,    W.    Hamilton.     Endorsed, 
Reed.  12th,  Read  16th  Dec.,  1718.     1  p.     [C.O.  152,  12.     No. 
120.] 

741.  Mr.  Popple  to  Richard  West.     The  Lords  Commissrs. 
for  Trade  etc.  desire  that  when  you  have  considered  the  papers 
transmitted  to  you  7th  Oct.,  you  will  give  them  your  opinion  in 
writing  whether  the  Province  of  the  Massachusets  Bay  or  those 
claiming  under  them  have  any  and  what  right  to  the  woods  or 
any  part  of  the  same  growing  in  the  Province  of  Maine,  what 
woods  the  Province  of  the  Massachusets  and  those  claiming  under 
them    have    a    right    to,    as    likewise    what    woods    on    sevl. 
lands   comprehended  under  the  Charter  of  the  Massachusets 
Bay  do  by  Act  of  Parliament  reservation  in  the  Charter  or  other- 
wise belong  of  right  to  the  Crown.     [C.O.  5,  915.    p.  223.] 

742.  Governor  Lowther  to  the  Council  of  Trade  and  Planta- 
tions.    Acknowledges   letters   of    20th   March    and    20th   June. 
Continues  : — Tho'  seldom  any  vessels  go's  directly  from  hence  to 
the  Maderas,  yet  I  directed  the  Naval  Officer  here  to  prepare  such 
an  account  of  the  exportes  and  importes  between  Barbado's, 
the   Maderas,   and  Western  Island's  as  you   seem  to  require 
(enclosed).    Returns  thanks  for  information  as  to  measures  taken 
to  suppress  pirates.     Continues  : — As  I've  expected  with  some 
impatience  the  Commission  etc.  to  try  pirates,  so  I  cannot  omit 
informing  you,   that  Captain  Francis   Humes   Commander  of 
H.M.S.  the  Scarborough  took  on  the  12th  of  June  a  pirate  ship 
called  the  Blanco,  of  6  guns,  man'd  with  80  men,  and  commanded 
by  one  Lew.  [?  de]  Le  Bour,  a  French  man,  who  made  his  escape 
with  all  his  men  but  17,  which  number,  are  now  in  gaol  here,  and 
maintained  out  of  the  mony  arising  from  the  pirates  goods  that 
were  seized  here  for  the  King's  use,  by  vertue  of  my  warrant 
dated  the  24th  of  July,  grounded  on  my  54th  Instruction  :  the 
issuing  of  this  warrant,  was  occasioned  from  Chaptain  Humes 
having  got  the  sd.  ship  and  goods  condemn'd  as  a  prize  to  him  at 
St.  Christophers  by  one  William  Woddrop  Judge  Surrogate  of 

Wt.  441.  C.P.  25. 


386  COLONIAL    PAPERS. 

1718. 

H.M.  Court  of  Admiralty  there,  and  from  his  declaring  that  he 
would  dispose  of  the  sd.  ship  and  cargo  here  as  his  prize  even  after 
I  had  shewed  him  the  aforementioned  Instruction,  but  as  the 
whole  proceeding  of  this  affair  is  entered  in  the  Minutes  of  Council 
herewith  sent,  I  shall  not  trouble  your  Lordshipes  with  a  further 
narrative  of  it,  but  only  say,  that  I  conceive  all  pirates  goods 
belong  to  the  King,  and  that  Mr.  Wooddrop  acted  illegally  etc. 
Encloses  accounts  of  pirates'  goods  sold  etc.  Continues  : — In  the 
meantime  1  should  be  extreamly  glad  to  understand  H.M.  pleasure 
touching  the  sd.  17  pirates  etc.  I've  reconsidered  all  the  Acts 
inserted  in  the  list  Mr.  Popple  sent  me  by  your  Lordshipes 
direction,  and  do  sincerely  declare  I  know  no  material  objections 
against  any  of  'em,  but  do  still  apprehend  that  they  are  very 
reasonable,  wholesome,  and  necessary  lawes  ;  but  as  your  Lord- 
shipes seem  to  dislike  some  of  'em,  I  shall  endeavour  to  give  you 
all  the  satisfaction  I'm  able.  I  observe  that  your  Lordshipes  are 
of  opinion  that  the  Act  for  laying  an  imposition  on  wines  etc.,  is 
not  only  lyable  to  many  objections  on  account  of  the  powers  and 
penalties  therein  contained,  but  also,  that  it  may  have  an  ill 
effect  upon  trade.  In  answer  to  these  scruples  I  hold  it  necessary 
to  informe  your  Lordshipes,  that  tho'  this  Act  is  only  annual, 
yet,  it  has  been  continued  for  many  years  as  the  easiest  and  most 
impartial  imposition  that  can  be  laid  upon  the  country.  If  the 
powers  given  for  collecting  the  several  impost's,  and  the  penalties 
inflicted  on  eluding  the  payment  of  the  several  rates  and  duties 
thereby  imposed  are  thought  to  be  too  great  and  exorbitant, 
it  may  be  justly  said,  that  the  many  trick's  and  fraud's  which  the 
importers  of  the  sd.  wines  and  strong  liquors  did  put  upon  the 
Government  is  the  only  reason  of  making  the  Law  so  very  strict 
etc.  I  conceive  this  law  has  no  ill  effect  upon  trade,  because  if 
the  importers  are  dissatisfyed  with  market  here,  they  are  not  only 
intituled  to  have  a  permit  to  export  it  to  what  place  they  please, 
but  also  of  having  all  the  duty  either  remitted  or  repayed.  As 
to  the  Act  for  compiling  the  Laws  of  this  Island  I  shall  take  care 
to  lay  the  collection  thereof  before  your  Lordshipes  (when 
fmish'd)  in  order  to  receive  your  approbation  before  they  are 
sent  to  the  press.  The  exception  that's  taken  to  the  Act  for 
defraying  the  expence  of  the  Commissioners  appointed  for  making 
contracts  being  only  about  the  wording  of  it,  I  hope  the  intent 
of  the  Act  gives  no  offence  ;  it  being  thought  but  reasonable  here 
that  the  country  should  defray  the  expence  of  such  publick 
spirited  person  as  neglect  their  private  affairs  to  serve  their 
country.  I  hope  your  Lordshipes  approves  of  the  Act  impowering 
licentiate  lawyers  to  practice  as  barristers  here  since  I  find  no 
animadversion  upon  it :  as  I'm  sure  no  reasonable  objection  can 
be  raised  against  it,  but  what  may  be  easily  answer'd,  so  I  beg 
the  favour  of  your  Lordship's  (on  behalf  of  the  Country)  that  if 
any  interest  is  made  to  get  it  repealed,  that  you  would  be  pleased 
to  transmit  us  the  reasons  that  are  assigned  against  it,  and  to 
suspend  your  judgment,  till  you  see  the  answer  that  may  be  given 
to  the  sd.  reasons.  As  I  send  your  Lordshipes  by  this  oppor- 
tunity A  particular  state  of  H.M.  fortifications  here,  together  with 


AMERICA    AND    WEST    INDIES.  387 

1718. 

the  Treasurer's  account  of  the  tax  on  negro  heads  that  was  raised 
for  the  repair  thereof,  as  also  the  Minutes  of  Commissioners  of 
contractes  relating  thereto,  so  in  order  to  satisfy  your  Lordshipes 
that  the  sd.  tax  has  been  faithfully  and  justly  apply 'd  to  the  use 
it  was  design'd  ;  I  desire  you'l  be  pleased  to  observe  that  all  the 
person's  names  with  whom  the  Commissioners  contracted  for 
any  materials  for  the  use  of  the  fortifications  and  all  artificers 
names  that  were  employ 'd  to  work  up  the  sd.  materials  are  all 
inserted  in  the  sd.  Minutes  as  well  as  the  wages  of  the  several 
artificers,  and  the  quallity,  quantity  and  prises  of  the  several 
species  of  materials  etc.  ;  likewise  that  as  any  of  the  Contractors 
had  compleated  their  contractes  ;  the  Commissioners  certifyed  it 
to  me  in  Council :  this  also  appears  by  the  Minutes  of  Council,  as 
likewise  that  the  Council  advised  and  consented  to  my  issuing 
orders  on  the  Treasurer  for  the  payment  thereof.  Refers  to  the 
Treasurer's  accounts  settled  with  the  Committee  of  publick 
accountes  etc.  The  mony  remaining  in  the  Treasurer's  hand  upon 
the  sd.  tax,  and  the  materials  that  are  yet  unrought  up  will  fully 
compleat  all  the  fortifications.  As  your  Lordshipes  will  find 
among  the  rest  of  the  publick  papers  (I  now  send  you)  an  estimate 
of  the  publick  debts  stated  by  the  said  Committee,  so  I  cannot 
but  acquaint  you,  that  the  provision  that's  made  by  the  two  levy 
Actes  on  negro  heads  (now  sent  you)  together  with  some  debtes 
we  have  recovered  for  the  country  will  ballance  all  the  publick 
debts  by  May  next.  I  cannot  conclude  without  thanking  your 
Lordshipes  for  your  admonition,  tho  I  cannot  but  compare  it  to 
ep6e  a  deux  tranchans  which  I  shall  take  the  liberty  to  explain 
in  my  next.  Signed,  Rob.  Lowther.  Endorsed,  Reed.  30th  Dec., 
1718,  Read  30th  Sept.,  1719.  Holograph.  4  pp.  Enclosed, 
742.  i.  List  of  public  papers  sent  in  preceding.  Same  endorse- 
ment. 1%  pp. 

742.  ii.  List  of  causes  determined  and  depending  in  the  Court 
of  Errors,  Barbados,  18th  Feb.,  1717— 16th  Sept.,  1718. 
Same  endorsement.  1  p. 

742.  iii.  List  of  causes  determined  in  the  Court  of  Chancery, 
Barbados,  since  19th  May— 9th  Oct.,  1718.  Same 
endorsement .  4  pp . 

742.  iv.-xii.  State  of  the  several  fortifications  and  stores  of 
war  in  Barbados,  July,  1718.  Signed,,  Robt.  Yeamans, 
Tho.  Maycock  junr.,  John  Waterman,  W.  Leslie,  Tho. 
Maxwell.  Same  endorsement.  10  pp. 

742.  xiii.  Account  by  Judge  Edmund  Sutton,  Treasurer  of 
Barbados,  of  £10,100  85.  4d.  raised  by  a  tax  on  negroes' 
heads  for  the  repair  of  the  fortifications.  Balance, 
£1898  11s.  5d.  Audited  by  the  Committee  of  Accounts. 
Same  endorsement.  4  pp. 

742.  xiv.  Estimate  of  the  public  debts  of  Barbados,  by  the 
Committee  for  settling  the  public  accounts.  Debit, 
£27,731  35.  OK  Credit,  £8540  11*.  3d.  Signed,  Wm. 
Leslie,  Saml.  Forte,  Ralph  Weekes,  Robt.  Bishop,  Guy 
Ball,  Will.  Carter,  Edmund  Sutton,  Jno.  Waterman. 
Same  endorsement.  2  pp. 


388  COLONIAL    PAPERS. 

1718. 

742.  xv.  Account  of  sale  of  the  pirate  ship  Blanco  and  her 
cargo,  by  Henry  Lascelles,  Collector.  Same  endorse- 
ment. 2  pp.  [C.O.  28,  15.  Nos.  52,  52  i.-xv.  ;  and 
(without  enclosures)  29,  14.  pp.  1-13.] 

[Nov.  9.]  743.  Minutes  of  Commissioners  of  Contracts  relating  to  the 
fortifications  of  Barbados,  Nov.  1715,  referred  to  in  Mr.  Lowther's 
letter  of  Nov.  9,  1718.  Endorsed,,  Reed.  30th  Dec.,  1718,  Read 
30th  Sept.,  1719.  36  pp.  [C.O.  28,  16.  No.  3.] 

Nov.  12.  744.  Mr.  West  to  the  Council  of  Trade  and  Plantations. 
Reply  to  1th  Oct.  and  6th  Nov.  I  do  find  that  the  title  which 
Mr.  Cooke  doth  claim  to  be  in  the  Province  of  Massachusetts  Bay 
in  opposition  to  the  right  of  H.M.  to  all  trees  fit  for  masts  of  the 
diameter  of  24  inches  and  iipwards  at  12  inches  from  the  ground 
growing  within  the  Province  of  Main  is  founded  upon  a  supposed 
purchase  of  the  said  Province  of  Main  by  the  Province  of  the 
Massachusetts  Bay  of  and  from  the  assignees  of  Sr.  Ferdinando 
Gorges  the  person  to  whom  the  said  Province  was  originally 
granted  from  the  Crown.  King  Charles  I  did  incorporate  the 
assignees  of  the  patent  which  King  James  I  did  in  the  eighteenth 
year  of  his  reign  grant  to  the  Councell  established  at  Plymouth 
in  the  County  of  Devon  by  the  name  of  the  Governour  and 
Company  of  the  Massachusetts  Bay  in  New  England  by  which 
Charter  the  said  King  did  grant  unto  the  said  Corporation  power 
to  have  take  and  possess  acquire  and  purchase  any  lands  tenements 
or  hereditamts.  or  any  goods  or  chattells  and  the  same  to  lease  or 
grant  demise  alien  bargain  sell  and  dispose  of  as  other  our  liege 
people  of  this  Our  Realm  of  England  or  other  Corporation  or  body 
politick  of  the  same  may  lawfully  doe.  In  the  15th  year  of  K. 
Charles  I  the  Province  of  Main  was  granted  to  Sr.  Ferdinand 
Gorges  his  heirs  and  ass8,  which  province  did  descend  unto 
Ferdinando  Gorges  son  and  heir  of  John  Gorges  who  was  son  and 
heir  of  the  sd.  Sr.  Ferdinando  Gorges  which  Ferdinando  Gorges 
did  in  1677  in  consideration  of  £1250  give  and  grant  all  his  right 
and  title  in  and  to  the  said  Province  unto  John  Usher  of  Boston 
merchant  his  heirs  and  ass8.  But  whether  it  was  by  way  of 
absolute  sale  or  way  of  mortage  doth  not  appear.  And  the  said 
John  Usher  did  in  1678  convey  the  same  unto  the  said  Corporation 
as  appears  by  the  printed  Journall  of  the  House  of  Representatives 
of  that  Province  which  was  sent  to  me  by  Mr.  Dummer  their 
Agent.  It  may  my  Lords  be  made  a  question  in  Law  whether 
that  Corporation  which  was  created  by  King  Charles  I  could 
legally  purchase  the  said  Province  of  Main  inasmuch  as  the  clause 
of  licence  does  goe  no  further  then  that  they  might  purchas 
lands  etc.  as  any  other  Corporation  or  Body  politick  in  Engld. 
might  lawfully  doe  and  I  take  it  to  be  clear  Law  that  no  Corpora- 
tion whatsoever  in  England  can  purchase  any  lands  which  shall 
inure  to  themselves  unless  an  express  licence  for  that  purpose 
be  inserted  in  their  Charter  of  Incorporation  or  otherwise.  Yor. 
Lordpps.  will  be  pleased  to  observe  that  this  Corporation  is  by 
the  Charter  only  subjected  to  the  same  laws  as  the  Corporations 


AMERICA    AND    WEST    INDIES.  38& 

1718. 

in  England  are  and  that  there  is  no  licence  to  purchase  lands 
granted  to  them  by  express  words.  I  need  not  observe  to  your 
Lordpps.  that  nothing  but  express  words  is  in  Law  sufficient  to 
take  away  the  King's  prerogative.  But  indeed  I  should  not  have 
made  use  of  any  argument  of  this  nature  did  I  not  think  the 
Roy  all  Prerogative  in  relation  to  the  Navall  Stores  in  America 
of  the  utmost  consequence  to  the  Kingdome  and  that  therefore 
any  advantage  in  point  of  Law  ought  to  be  taken  wch.  does  not 
injure  any  private  persons.  But  admitting  that  Corporation  was 
fully  enabled  to  purchase  lands  yet  that  Corporation  is  now 
extinguished  for  the  patent  4°  Caroli  primi  was  in  1684  reversed 
in  Chancery  by  a  judgmt.  upon  a  scir.  fac.  and  consequently 
the  Province  which  was  granted  to  that  Corporation  and  all 
lands  purchased  by  that  Corporation  were  revested  in  the  Crown 
and  therefore  the  inhabits,  of  New  England  can  be  no  otherwise 
entituled  unto  the  Province  of  Main  then  by  some  new  title  which 
must  have  accrued  unto  them  subsequent  to  their  incorporation 
by  King  William  wch.  it  is  impossible  ever  should  have  been 
since  there  is  no  licence  granted  unto  them  to  purchase  lands  in 
or  by  their  last  Charter.  Their  last  Charter  was  granted  by  the 
late  King  William  in  the  third  year  of  his  Reign  in  which  Charter 
it  is  observable  that  there  is  not  only  a  variation  in  the  name  of 
incorporation  but  in  the  thing  itself.  And  so  far  is  the  old 
Corporation  from  being  revived  that  by  this  Charter  they  are  not 
so  much  as  erected  into  a  Corporation  or  Body  Pollitick  so  as  to 
be  able  to  sue  or  be  sued  etc.  but  the  very  termes  of  the  Charter 
are  that  the  King  does  erect  and  incorporate  the  severall  countries 
menconed  in  the  patent  into  one  Reall  Province  by  the  name  of 
Our  province  of  the  Massachusetts  Bay  in  New  England.  It  is 
plain  to  a  demonstration  that  King  William  did  at  the  time  of 
granting  this  patent  consider  all  the  countries  therein  named  and 
particularly  the  Province  of  Main  as  vested  in  himself  in  the  right 
of  his  Crown  and  therefore  he  does  unite  and  incorporate  all 
those  countries  which  were  before  severall  and  distinct,  into  one 
Real  Province  and  does  then  grant  all  the  lands  included  in  that 
Province  unto  the  inhabits,  of  the  Province  of  the  Massachusetts 
Bay  in  wch.  denomination  and  grant  the  inhabitants  of  the 
Province  of  Main  etc.  are  as  much  included  and  concerned  as 
grantees  as  the  inhabitants  of  that  part  of  the  countrey  which 
was  originally  and  singly  known  by  the  name  of  the  Massachusetts 
Bay.  All  these  Provinces  therefore  are  now  to  be  considered  as 
one  neither  is  it  possible  that  one  part  of  the  Province  should  be 
the  private  property  of  another.  It  is  true  that  the  King  does 
grant  a  power  unto  the  Generall  Assembly  of  the  said  Province 
to  make  grants  of  lands  uncultivated  lying  within  the  bounds 
described  in  and  by  the  Charter.  But  that  grant  does  no  ways 
extend  to  one  part  of  the  Province  more  then  another  but  is 
equall  to  them  all  and  is  therefore  subject  to  the  last  clause  in 
the  Charter  by  wch.  all  trees  of  the  beforemcnconcd  size  are 
reserved  to  the  Crown  and  consequently  the  Generall  Assembly 
of  that  Province  cannot  make  any  grant  of  lands  to  private 
persons  without  their  being  subject  to  that  clause  of  reservation. 


390 


COLONIAL    PAPERS. 


1718. 


Nov.  13. 

Whitehall. 


Nov.  14. 


Nov.  14. 

Whitehall. 


Nov.  14. 
Whitehall. 


Nov.  14. 

Whitehall. 


Nov.  14. 

St.  James's. 


The  Act  of  Parliament  nono  Amise  page  387  extends  no  further 
then  the  reservation  in  the  Charter  does  only  that  Prerogative 
wch.  before  subsisted  singly  on  the  Charter  is  now  confirmed  and 
established  by  authority  of  Parliament.  And  therefore  upon  the 
whole  matter  I  am  of  opinion  that  the  King  is  legally  entituled 
to  all  trees  of  the  prescribed  size  growing  in  the  Province  of  the 
Massachusetts  Bay  as  it  is  described  and  bounded  in  the  Charter 
of  King  William  and  particularly  in  the  Province  of  Main  except- 
ing only  those  trees  scituated  on  lands  wch.  were  legally  granted 
to  private  persons  before  the  Charter  4°  Caroli  primi  was  reversed. 
Signed,  Richd.  West.  Endorsed,  Reed.,  Read  14th  Nov.,  1718. 
5}  pp.  [0.0.  5,  867.  No.  17  ;  and  5,  915.  pp.  225-230.] 

745.  Council  of  Trade  and  Plantations  to  the  King.     Recom- 
mend John  Yeamans  for  the  Council  of  Antigua  etc.     [0.0.  153, 
13.    pp.  375,  376.] 

746.  Receipt  by  Francis  Carlile  for  Commission  to  pardon 
pirates  to  be  delivered  to  Governor  Hamilton.     Signed,  Fran. 
Carlile.     Endorsed,  Reed.  14th  Nov.,  1718.     Slip.     [0.0.  152,  12. 
No.  114.] 

747.  Mr.   Popple  to  Sir  W.  Thompson.     Encloses  copy    of 
Governor  Dudley's  Commission,  whereupon  eight  persons  have 
been  indicted  for  piracy  etc.     The  Council  of  Trade  and  Planta- 
tions desire  your  opinion  whether  the  said  Commission  did  become 
void  upon  her  Majesty's  demise  or  before  the  said  tryals,  and  in 
that  case,  as  the  persons  who  acted  as  Judges  therein  proceeded 
with  a  good  intention,  what  methods  may  be  proper  to  be  taken 
for  indemnifying  them  from  such  penalties  as  they  may  by  Law 
have  incurred.     [0.0.  5,  915.    p.  224.] 

748.  Council  of  Trade  and  Plantations  to  the  King.     Propose 
repeal  of  Act  of  Jamaica,  1716,  for  the  effectual  discovery  of  all 
persons  that  are  disaffected  to  H.M.  etc.,  on  grounds  advanced 
by  Sir  N.  Lawes,  v.  1st  Sept.     [0.0.  138,  16.    pp.  146-148.] 

749.  Mr.    Secretary   Craggs   to   the   Council   of   Trade   and 
Plantations.     Enquires  if  they  have  any  objection  to  William 
Pusey,  recommended  for  the  Council!  of  Jamaica  in  place  of  Mr. 
Harrison  deed.     Signed,  J.  Craggs.     Endorsed,  Reed.,  Read  18th 
Nov.,  1718.     I  p.     [0.0.  137,  13.     No.  18  ;  and  138,  16.    pp.  148, 
149.] 

750.  Same    to    Same.     Refers    following    for    their    report. 
Signed,  J.  Craggs.     \  p.     Enclosed, 

750.  i.  Petition  of  Fernando  de  Costa  and  son  and  Isaac 
Paxotto,  on  behalf  of  themselves  and  divers  other 
merchants,  to  the  King.  Petitioners  by  their  factors 
in  Jamaica  bought  £7000  of  indigo  and  shipped  it  on 
board  the  Nassau.  It  was  seized  by  the  Custom  House 
Officers,  supposed  to  be  of  the  growth  of  Hispaniola, 


AMERICA    AND    WEST    INDIES.  391 

1718. 

though  the  same  way  of  trade  has  been  before  and  since 
this  seizure  etc.  The  indigo  was  sold,  with  a  share  to 
Peter  Hey  wood,  then  Governor,  and  others  by  his  order, 
without  any  legal  condemnation,  for  there  was  no  Court 
of  Admiralty  capable  of  being  held  there  at  that  time. 
Indigo  is  most  necessary  for  the  woolen  manufacture  ; 
our  Islands  produce  but  very  small  quantities,  and  none 
coming  from  the  East  Indies,  from  whence  they  were 
mostly  supplied.  Petitioners'  factors  will  be  deterred 
from  appearing  in  petitioners'  behalf  by  dread  of  a 
by  law  of  that  Island  made  (but  not  confirm 'd  by  your 
Majesty)  inflicting  £500  penalty  and  12  months  imprison- 
ment without  bail  or  main-prize  upon  any  person  that 
shall  appear  upon  the  importation  of  indico  from 
Hispaniola  etc..  Pray  H.M.  directions  in  their  behalf. 
Endorsed,  Reed,  (from  Mr.  Bravo)  20th,  Read  21st  Nov., 
1718.  I  p. 

750.  ii.  Opinions  by  Richard  West  upon  the  case  of  the 
Nassau  supra.  17th  June,  1718.  Signed,  Rich  d.  West. 
2pp. 

750.  iii.  Copy  of  Act  of  Jamaica  for  ascertaining  j;or/,s  of  entry 
etc.  1714.  2$  pp. 

750.  iv.  Copy  of  Act  of  Jamaica,  1715,  to  prevent  all  fraudulent 
trade  to  Hispaniola  etc.  2  pp. 

750.  v.  Copy  of  Act  of  Jamaica,  for  raising  a  revenue,  laying  a 
tax  of  Is.  6d.  per  Ib.  on  indigo  imported.  1  p.  [C.O.  137, 
13.  Nos.  19,  19  i.-v.] 

Nov.  16.  751.  Commodore  Scott  to  Mr.  Popple.  In  pursuance  of 
Dragon  in  Instructions  of  the  Council  of  Trade  etc.  upon  my  arrival  in  New- 
Lisbon  River.  foun(Jianci  it  was  my  chief  care  to  find  out  the  cause  of  the  success 
[of  the  New  Englanders  who  yearly  carry  away  at  least  1 000  men] 
etc.  And  being  inform'd  that  it  was  customary  for  creditors, 
before  the  fishing  season  was  near  an  end,  to  seize  upon  the 
planters  and  boatkeepers  fish  ;  1  concluded  that  thereby  the 
servants  must  be  disappointed  of  their  wages,  discouraged  from 
continuing  their  labour,  and  laid  under  a  necessity  of  embracing 
any  offers  whatever  ;  I  therefore  sent  directions  to  the  fishing 
Admirals  of  the  several  harbours,  to  prevent  so  illegal  and  unfair 
a  practice,  and  neglected  no  opportunity  of  recommending  to 
them  the  encouragement  of  fishermen,  which  1  doubt  not,  was 
in  some  measure  an  occasion  of  more  men's  returning  to  England 
this  year,  than  for  several  years  past  :  But  that  which  1  bcleive 
contributed  most  to  it,  was  the  fear  I  possess'd  the  New  England 
masters  with,  of  a  rigorous  prosecution  from  their  Lordps.  in 
case  they  should  entice  or  entertain  any  men  from  Newfoundland, 
contrary  to  an  Order  which  I  sent  them  etc.  (No.  ii.).  Pursuant 
to  their  Lordps.'  commands  I  likewise  oblig'd  such  of  them,  as 
were  in  the  harbour  to  sail  with  the  convoy,  and  others  who 
wanted  to  depart  before  it,  to  enter  into  bonds  of  £500  etc-  When 
1  left  St.  Johns,  I  gave  it  in  charge  to  Mr.  Collins  there,  to  make 
strict  enquiry  if  any  of  these  masters  had  incurred  the  penalty, 


392  COLONIAL    PAPERS. 

1718. 

and  to  communicate  his  information  to  their  Lordps.  that  they 
might  give  the  necessary  directions  for  their  prosecution  ;  and  if 
one  forfeiture  were  exacted,  it  is  my  humble  opinion,  that  their 
Lordps.  would  be  for  ever  after,  freed  from  the  trouble  of  receiving 
complaints  of  this  kind  :  for  which  reason  I  think  myself  oblig'd 
to  mention  Edmond  Freeman,  master  of  the  Harwich  sloop,  who 
the  next  day  after  he  had  signed  his  bond,  sailed  from  St.  Johns, 
and  contrary  to  his  obligation  received  on  board  19  men,  which  as 
I  was  inform'd  he  had  encourag'd  to  wait  for  him,  and  Thomas 
Haddock  and  Samuel  Brixham  bye  boat  keepers  carry 'd  off  to  him 
from  Cape  Spear  :  but  they  being  return'd  for  England  before  I. 
had  any  intelligence  of  it,  I  could  not  after  the  strictest  search, 
find  any  persons,  who  were  aiding  to  them,  or  that  could  make 
such  a  circumstantiall  and  positive  declaration  upon  oath  as  would 
have  been  sufficient :  however,  they  living  at  Brixham  in  Devon- 
shire, their  Lordships  may  receive  their  evidence  etc.  This  is 
not  the  only  thing  which  craves  a  redress,  for  in  answer  to  5th  and 
9th  Articles  of  their  Additional  Instructions,  I  desire  you  to  lay 
before  the  Board  that,  the  people  of  Newfoundland  are  chiefly 
supply'd  with  their  provisions  from  the  Plantations,  from  whence 
also  are  brought  such  large  quantities  of  rum,  molosses  and  tobacco, 
as  to  be  afforded  at  very  low  rates,  whereby  the  fishermen  are 
tempted  to  idleness  and  debauchery  :  But  that  which  I  would 
more  particularly  represent  is  the  clandestine  and  illegall 
commerce,  carry'd  on  between  the  New  England  men,  and 
severall  of  the  British  masters,  especially  the  fishing  admirals 
who  (after  they  have  according  to  the  Act  of  Parliament  qualify 'd 
themselves  in  England  for  fishing  ships)  depart  for  France, 
Spain,  or  Portugall,  where  they  freight  with  wines  and  brandys, 
which  early  in  the  year  they  carry  directly  for  Newfoundland, 
and  either  dispose  of  to  the  planters,  or  barter  with  the  New 
England  men  for  the  produce  of  the.  Plantations  ;  by  this  means 
Newfoundland  is  not  only  supply'd  with  these  foreign  European 
commodities,  but  it  is  become  a  mart,  from  whence  the  other 
American  Plantations  are  (in  fraud  of  H.M.  dutys)  in  a  good 
measure  furnish'd.  If  the  Officers  of  the  Customs  in  these 
Plantations  would  look  narrowly  after  the  ships,  which  use  the 
Newfoundland  trade  they  might  give  some  discouragement  to 
this  traffick,  etc.  As  these  Admirals  are  chiefly  concern'd  in  this 
unfair  commerce,  so  their  tyranny  and  oppression  in  the  harbours 
where  there  are  none  of  H.M.  ships,  is  not  to  be  reckoned  among 
the  least  causes  of  the  decay  of  the  fishery,  those  who  labour  in  it 
having  learn'd  by  experience  that  the  rule  of  their  decisions  is 
their  private  interest,  and  that  fishermen  are  not  to  expect  any 
justice  from  them  :  this  contributes  to  the  scarcity  of  men,  which 
occasions  wages  to  be  so  extravagant  that  the  fish  which  they 
catch  is  often  not  sufficient  to  pay  the  servants,  and  the  inhabi- 
tants, and  the  inhabitants  are  thereby  so  much  discourag'd  that 
there  have  not  been  half  the  number  of  boats  employ'd  by  them 
as  formerly.  Another  great  disadvantage  which  the  fishery 
labours  under  proceeding  from  the  countrey's  being,  during  it's 
long  winter  without  the  least  form  of  Government  or  order,  it 


AMERICA    AND    WEST    INDIES.  393 

1718. 

would  be  of  considerable  service,  if  some  of  the  inhabitants  were 
entrusted  with  Commissions  of  the  Peace  for  the  administration 
of  justice  during  that  season,  and  as  their  Lordps.  commanded 
me  to  make  enquiry  if  any  persons  in  Newfoundland,  were 
fitly  qualify 'd  for  the  preserving  of  order,  I  think  myself  oblig'd 
to  recommend  William  Keen  merchant,  and  John  Collins  planter 
in  St.  Johns  ;  the  first,  though  a  native  of  New  England,  seems 
to  have  a  reall  concern  for  the  prosperity  of  the  fishery  etc.,  and 
has  spirit  enough  for  reforming  severall  disorders  that  have  been 
the  unavoidable  consequences  of  want  of  government,  etc.  As 
there  were  a  great  many  French  employ'd  in  catching  of  core 
fish  upon  the  Banks,  which  they  carry  directly  to  France,  so  they 
had  6  vessels  in  Petit  Nore,  and  it's  neighbouring  harbours, 
where  for  some  years  they  have  assum'd  to  themselves  the  liberty 
of  leaving  their  boats  untill  the  succeeding  year,  which  I  sent 
orders  to  the  inhabitants  of  Bonnavist  to  destroy  if  they  continue 
the  practice.  Reply  to  Article  4  of  Instructions.  The  people  to 
the  northward  of  St.  Johns,  after  the  codd  fishing,  follow  the 
furring  and  seal  oyl  trades  with  industry  and  success  insomuch 
that  these  two  last  winters  by  less  than  200  persons  belonging  to 
Bonnavist,  there  was  made  130  tun  of  oyl,  and  £3000  clear'd  for 
furrs,  and  were  it  not  for  the  scarcity  of  servants  those  trades 
might  be  improv'd  to  a  very  great  degree  :  The  Northern  Bays 
abounding  with  beavers,  otters,  and  foxes,  as  well  as  scales. 
And  to  the  northward  of  Cape  Bonavist  there  are  severall  fine 
rivers  capable  of  employing  some  hundreds  of  men  in  the  salmon 
fishing  which  lyes  unimproved  :  the  last  season  there  was  200 
teirces  of  it  catch'd  by  only  five  persons.  Signed,  Tho.  Scott. 
Endorsed,  Reed.  16th  Feb.,  Read  9th  April,  1719.  2£  pp. 
Enclosed, 

751.  i.  Copies  of  bonds  in  £500  by  3  masters,  Tho.  Thompson, 
Edmond  Freeman  and  John  Stevens,  of  New  England 
vessels,  not  to  carry  from  Newfoundland  any  but  their 
own  ships'  complement  etc.  H.M.S.  Dragon.  Oct., 
1718.  Endorsed  as  preceding.  3  pp. 

751.  ii.  Order  by  Commodore  Scott  to  masters  of  New  England 
vessels  not  to  carry  away  men  from  Newfoundland, 
but  to  be  in  readiness  to  sail  with  H.M.  ships  against 
5th  Oct.  H.M.S.  Dragon,  St.  Johns,  20th  Sept.,  1718. 
Same  endorsement.  Copy.  1  p. 

761.  iii.  Scheme  of  the  Fishery  of  Newfoundland  (1718). 
Fishing  ships,  95  ;  sack  ships,  35  ;  ships  from  America, 
26.  Burthen  of  fishing  ships,  7902  tons  ;  number  of 
men  belonging  to  the  ships,  2079.  Fishing  ships'  boats, 
326 ;  bye  boats,  185 ;  inhabitants'  boats,  393.  Boatsmen ; 
masters,  242,  servants,  1398.  Quintals  of  fish  made  by 
fishing  ships,  36,058  ;  by  bye  boats,  23,310  ;  by  inhabi- 
tants' boats,  41,455.  Fish  carried  to  market,  92,730 
quintals.  Train,  made  by  fishing  ships,  604  ;  by  bye 
boats,  326  ;  by  inhabitants'  boats,  645.  Number  of 
stages,  320.  Inhabitants  ;  men,  2493  ;  women,  304  ; 
children,  517.  Same  endorsement.  1  p.  [C.O.  194, 


394 


COLONIAL    PAPERS. 


Nov.  17. 

Whitehall. 


1718. 

G.  Nos.  59,  59  i.-iii.  ;  and  (without  enclosures)  195,  6. 
pp.  491-497.] 

752.  Mr.    Secretary   Craggs   to   the   Council   of   Trade   and 
Plantations.     Francis  Carlisle  being  recommended  to  H.M.  as  a 
person  very  fit  to  be  of  the  Council  of  Antego,  in  the  room  of  Mr. 
Thomas  deceased,  desifes  to  know  whether  they  have  any  objection 
etc.     Signed,  J.  Craggs.     Endorsed,  Reed.,  Read  18th  Nov.,  1718. 
1  p.     [(7.0.  152,  12.     No.  15.] 

Nov.  17.        753.     Same   to  Same.     Refers  following  for  their  report  etc. 
St.  James's.   Signed,   J.    Craggs.     Endorsed,   Reed.,  Read   20th   Nov.,  1718. 
-J-  p.     Annexed, 

753.  i.  Petition  of  Abel  Alley n,  Samuel  Cox,  Timothy  Alley nc 

and  John  Whetstone  and  15  others  to  the  King.  The 
passage  from  Barbados  to  Martinique  is  short  and  easily 
performed  in  small  boats,  whereby  negro  slaves  run 
away,  are  stolen  by  sailors,  or  driven  away  in  boats  by 
stress  of  weather  etc.  The  regulation  for  their  restitution 
instituted  by  the  French  King  is  to  apprehend  all  such 
and  them  to  keep  for  the  French  King,  but  to  restore 
them  to  H.M.  subjects  upon  their  produceing  a  letter 
of  claime  from  H.M.  Governor.  The  Marquis  D'Fan- 
quier,  General  of  the  French  Islands  is  ready  to  restore 
their  respective  slaves  to  petitioners,  upon  receiving 
such  letter  from  Governor  Lowther,  but  he  has  abso- 
lutely and  peremptorily  refused  to  write  any  letter  or 
make  any  application  whatsoever  to  the  Governor  of 
Martinique.  Pray  for  H.M.  directions  to  Governor 
Lowther  etc.  2  pp.  [(7.0.  28,  15.  Nos.  39,  39  i.  ;  and 
29,  13.  pp.  480-484.] 


Nov.  19. 

Whitehall. 


Nov.  19. 

Whitehall. 


754.  Council   of   Trade   and   Plantations   to   Mr.    Secretary 
Craggs.    In  reply  to  17th  Nov.  refer  to  No.  745.    Will  propose  Mr. 
Carlisle  upon  the  next  vacancy  etc.     [(7.0.  153,  13.    pp.  377,  378.] 

755.  Mr.   Popple  to  Mr.   Lowndes.     Encloses  copy   of  Mr. 
West's  opinion  [12th  Nov.],  whereby  H.M.  title  to  the  woods  is 
fully  asserted.     Continues  : — And  as  the  Council  of  Trade  and 
Plantations  do  intirely  agree  with  Mr.  West  in  his  opinion  upon  this 
matter,  and  are  highly  sensible  of  how  great  consequence  it  is  to 
the  Royal  Navy,  that  the  powers  and  instructions  formerly  given 
to  Mr.  Bridger  for  the  preservation  of  H.M.  woods  in  America, 
should  be  duely  obeyed  and  executed,  they  do  conceive,  it  may 
be  for  H.M.  service  that  he  should  be  pleased  to  order  that  a 
copy  of  Mr.  West's  report  should  be  sent  to  Governor  Shute, 
and  that  he  be  directed  to  communicate  the  same  to  the  Council 
and  Assembly  of  that  Province,  together  with  H.M.  resolution 
to  be  punctually  obeyed  in  a  matter  of  so  great  consequence  to 
these  Realms.     And  if  these  directions  should  not  produce  the 
effect  that  might  be  expected  from  them,  their  Lordps.  are  of 
opinion  it  would  in  such  case  be  adviseable  to  bring  a  scire  facias 


AMERICA  AND  WEST  INDIES.  395 

1718. 

against  the  Charter  of  the  Massachusets  Bay.     [C.O.   5,   915. 
pp.  230-232.] 

Nov.  19.        756.     Council  of  Trade  and  Plantations  to  Mr.   Secretary 
Whitehall.     Craggs.     Reply  to  Nov.  14.     Mr.  Pusey  having  been  recommended 

to  us,  we  have  given  directions  for  enquiry  to  be  made  into  his 

character  etc.     [C.O.  138,  16.    pp.  149,  150.] 

Nov.  20.        757.     Mr.    Secretary   Craggs  to   the   Council  of  Trade   and 
Whitehall.     Plantations.     Encloses   following  for   their   opinion   thereupon. 

Signed,  J.  Craggs.    Endorsed,  Reed.  21st  Nov.,  Read  5th  Dec., 

1718.     %p.     Enclosed, 

757.  i.  Address  of  House  of  Burgesses  of  Virginia  to  the  King, 

27th  May,  1718.  Copy  of  No.  568  iv.  [C.O.  5, 
1318.  Nos.  52,  52  i.  ;  and  (without  enclosure)  5,  1365. 
pp.  171,  172.] 

Nov.  24.        758.     Mr.    Burchett    to    Mr.    Popple.     Encloses    following. 
Admty.  Office.  Signed,  J.  Burchett.     Endorsed,  Reed.  24th  Nov.,   1718,  Read 
9th  April,  1719.     Addressed.     £  p.    Enclosed, 

758.  i.  Commodore  Scott  to  Mr.  Burchett.     H.M.S  Dragon, 

Lisbon,  SthNov.,  1718.  On  17th  Oct.  I  sailed  from  New- 
foundland with  H.M.S.  Rye  and  18  merchant  men  :  Tho' 
we  had  no  certain  intelligence  of  the  rupture  with  Spain, 
yet  we  had  such  rumors,  as  made  me  appoint  Lisbon  for 
the  place  of  rendevous  etc.  The  ships  design'd  for  the 
Port  of  Spain,  intend  now  to  go  to  Italy,  not  finding  a 
market  here  for  their  fish,  where  I  shall  proceed  with  them 
etc.  Concludes  with  copy  of  No.  751.  Copy.  3J  pp. 
758.  ii.  Duplicate  of  No.  751  iii.  [C.O.  194,  6.  Nos.  60, 
60  i.,  ii.  ;  and  (with  enclosure  ii.  only)  195,  6.  p.  498.] 

Nov.  24.  759.  Nathaniel  Kay  to  Mr.  Popple.  When  I  had  the  honr.  to 
Rhode  Island,  waitt  on  you  about  4  months  since  att  the  Cockpitt,  I  crav'd  the 
favr.  to  know  whether  the  order  was  sent  to  the  Charter  Gov- 
ernmts.  that  restrain'd  the  severall  Govermts.  in  the  Plantations 
from  putting  laws  relating  to  trade  in  execution  ;  before  they  were 
confirm'd  in  England  :  and  you  were  pleas'd  to  acquaintt  me 
they  were.  I  being  the  Collectr.  appointed  by  the  Hon.  Commrs. 
of  H.M.  Customes  for  this  Governmt.  ;  think  itt  my  duty  to 
acquaintt ;  they  have  not  receiv'd  any  account  of  such  an  order 
here  ;  and  as  I  have  been  inform 'd  not  in  our  neighbouring  Colony 
of  Connecticutt.  And  severall  laws  being  made  there,  wch.  'tis 
humbly  conceiv'd,  are  repugnt.  to  the  Laws  of  Trade  made  in 
England  relating  to  the  Plantations  ;  as  laying  on  of  duties,  and 
obliging  the  King's  subjects  of  other  Governts.  to  pay  them  ;  and 
curtailing  the  trade  by  obliging  the  King's  liege  subjects  in  bond, 
to  carry  the  produce  of  that  Governmt.  to  certain  places  of  trade 
limited  by  their  own  Acts,  and  abusing  the  King's  Officers  by 
laws  wch.  are  repugnt.  to  the  Laws  of  Trade  made  for  the  planta- 
tions ;  and  if  order'd  to  be  sent  home,  w'd  treat  the  officers  in 
another  manner ;  and  allso  These  matters  giving  greatt 


396 


COLONIAL  PAPERS. 


1718. 


discouragemt.  to  trade  in  generall,  and  many  of  H.M.  subjects  in 
this  Colony  having  suffer'd  very  much  by  such  laws  ;  and  as 
likewise  a  flourishing  trade  might  be  carried  on  between  the 
severall  Governmts.  of  H.M.  Plantations :  I  pray  you  will 
signifie  the  King's  Order  to  these  Governmts.  etc.  Signed,  Nath. 
Kay.  Endorsed,  Reed.  22nd  Jan.,  Read  llth  June,  1719.  2  pp. 
[C.O.  5,  1265.  No.  122  ;  and  5,  1293.  pp.  176,  177.] 


Nov.  25.        760.     H.M.  Warrant  for  affixing  the  Great  Seal  to  Commissions 

St.  James's,    to   John  Hunter,    Commander   of   the   Sunderland,    and   John 

Ricard,  Commander  of  the  Borneo,  for  seizing  pyrates,  freebooters 

and  sea-rovers  etc.      Countersigned,   J.   Craggs.      Copy.      [C.O. 

324,  33.    p.  190.] 

Nov.  26.  761.  Mr.  Secretary  Craggs  to  the  Governor  of  the  Leeward 
Whitehall.  Islands,  or  in  his  absence  the  Lt.  Governor  of  Antegoa.  Sir 
Edmund  Prideaux  owner  of  three  fourth  parts  of  the  ship  the 
Three  Maries  lately  stranded  at  Antegoa,  having  given  a  power 
to  Philip  Darby  of  that  Island,  to  recover  his  f  th.  parts  of  what 
the  hull  and  appurtenances  of  the  said  ship  were  sold  or  agreed 
for,  I  am  to  desire  you  will  give  him  all  the  necessary  assistance 
etc.  Signed,  J.  Craggs.  [C.O.  324,  33.  p.  189.] 

Nov.  27.  762.  Richard  Coope  to  Mr.  Popple.  The  Proprietors  of  the 
Cockpit.  Nevis  and  St.  Christophers  debentures,  designing  to  apply  to 
Parliamt.,  to  procure  provision  for  the  same,  and  there  being  some 
sufferers  who  have  not  had  debentures  issued,  because  they  did 
not  settle  on  the  Island  where  they  sustain'd  their  losses,  and 
others,  who  are  under  ye  same  circumstances,  for  omitting  to 
comply  wth.  some  things  required  by  Act  of  Parliamt.,  desire  a 
list  of  the  sd.  sufferers  and  the  loss  which  was  allowed  ym. 
Signed,  Ri.  Coope.  Endorsed,  Reed.  27th,  Read  28th  Nov.,  1718. 
Addressed.  I  p.  [C.O.  152,  12.  No.  116.] 

[Nov.  27.]  763.  List  of  31  negroes  and  their  owners  stolen,  run  away  or 
driven  by  stress  of  weather  from  Barbados  to  Martinique  in 
1717, 1718.  (t7.  llth  Sept.,  1717, and  17thNov.,  1718.)  Endorsed, 
Reed,  (from  Tho.  Tryon,  Mr.  Gordon  etc.),  Read  27th  Nov.,  1718. 
I  p.  [C.O.  28,  15.  #o.41.] 


Nov.  27. 

Whitehall. 


764.  Mr.  Popple  to  Mr.  West.  Requests  his  opinion  upon 
3  Acts  of  New  Jersey  etc.  (v.  llth  Dec.)  passed  1714,  and  an 
Act  passed  in  1717  for  the  better  inforcing  an  order  of  H.E.  etc. 
Encloses  memorial  of  Mr.  Smith,  Secretary  of  New  Jersey,  and 
extract  from  Governor  Hunter's  letter  12th  Nov.,  1715.  [C.O. 
5,  995.  pp.  449,  450.] 


Nov.  28.        765.     Council  of  Trade  and  Plantations  to  the  King.     Recom- 
Whitehall.     mend  William  Pusey  for  the  Council  of  Jamaica  etc.   (v.  14th 
Nov.)     [C.O.  138,  16.    p.  151.] 


AMERICA    AND    WEST    INDIES. 


397 


1718. 

Nov.  28. 

Whitehall. 


Nov.  28. 

Whitehall. 


766.     Same  to  Mr.  Secretary  Craggs. 
ceding  representation.     [C. O.  138,  16.    p, 


Informing  him  of  pre 
152.] 


767.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Craggs.  Reply  to  Nov.  17th.  Mr.  Micklethwaite,  one  of  the 
Agents  of  Barbados,  suggests  that  the  Governor's  refusal  of 
petitioner's  request,  might  have  proceeded  from  his  care  to  avoid 
and  discourage  all  pretence  of  carrying  on  a  clandestine  trade 
with  the  French  Plantations  in  accordance  with  his  Instructions 
of  May,  1717  etc.  But  if  he  has  no  other  reasons,  we  are  humbly 
of  opinion  that  H.M.  may  be  graciously  pleased  to  direct  him  to 
comply  with  their  request,  provided  his  letter  to  reclaim  the 
negroes  be  sent  by  a  messenger  of  his  own  and  that  particular 
care  be  taken,  that  no  illegal  trade  be  carry ed  on  with  the  French 
settlements  under  this  pretence.  Autograph  signatures.  2  pp. 
Enclosed, 

767.  i.  List  of  negroes  lost  from  Barbados  to  Martinique,  1717, 
1718.  1  p.  [C.O.  28,  39.  Nos.  6,  6  i.  ;  and  (without 
enclosure)  29,  13.  pp.  485,  486.] 


Dec.  3. 

St.  James's. 


768.  Order  of  King  in  Council.  Appointing  William  Pusey 
to  the  Council  of  Jamaica  (v.  Nov.  28th).  Signed,  Robert  Hales. 
Endorsed,  Reed.  23rd,  Read  24th  Jan.,  17}*.  1  p.  [C.O.  137, 
13.  No.  21  ;  and  138,  16.  pp.  157,  158.] 


Dec.  3. 

St.  James's. 


769.  Order  of  King  in  Council.  Appointing  John  Yeamans 
to  the  Council  of  Antigua  (v.  13th  Nov.).  Signed,  Robert  Hales. 
Endorsed,  Reed.  23rd,  Read  24th  Jan.,  17j£.  1  p.  [C.O.  152, 
12.  No.  126.1 


Dec.  4.  770.  Mr.  Byrd  to  the  Council  of  Trade  and  Plantations.  I 
understand  it  has  been  propos'd  to  your  Lordps.  from  Virginia, 
to  remove  several  members  of  H.M.  Council  there.  Prays  that 
nothing  may  be  determined  in  their  prejudice,  "  till  they  have  had 
a  copy  of  their  accusation,  and  been  favour'd  with  the  common 
liberty  of  justifying  themselves "  etc.  Signed,  W.  Byrd. 
Endorsed,  Reed.  5th,  Read  10th  Dec.,  1718.  1  p.  [C.O.  5,  13 IS. 
No.  54.] 

Dec.  5.          771 .     Mr.  Popple  to  Jeremy  Dummer.     The  Council  of  Trade 
Whitehall.     an(j  Plantations  desire  to  see  the  powers  by  which  you  act  as 

Agent  of  the  Massachusetts  Bay  in  order  that  they  may  be  entered 

in  this  Office. 

N.B.     The  same  letter  was  writ  to  the  Agents  of  N.  Hampshire, 

Antegoa,  Virginia  and  New  York.     [C.O.  5,  915.    pp.  237,  238.] 

Dec.  5.  772.  Mr.  Popple  to  Mr.  Joshua  Gee.  The  Council  of  Trade 
and  Plantations  desire  you  would  bring  the  Laws  of  Pensylvania, 
referred  to  by  Lt.  Oov.  Keith  2nd  June,  to  them  as  soon  as  may  be  in 
order  to  be  laid  before  H.M.  [C.O.  5,  1293.  pp.  159,  160.] 


398  COLONIAL    PAPERS. 


1718. 

Dec.  5.  773.  Grant  by  the  Lords  Proprietors  of  Carolina  of  four 
baronies  of  12,000  acres  each  to  John  Danson,  at  a  pepper  corn 
rent.  Signed,  by  order,  Ri.  Shelton,  Seciy.  Copy.  [C.O.  324, 
49.  p.  120.] 

Dec.  6.          774.     H.M.  Warrant  appointing  William  Pusey  to  the  Council 
St.  James's.    of  Jamaica  in  the  room  of  Thomas  Harrison  deed.     Counter- 
signed, J.  Craggs.     Copy.     [C.O.  324,  33.    p.  192.] 

Dec.  6.          775.     H.M.  Warrant  appointing  John  Yeamans  to  the  Council 
St.  James's,   of  Antegoa  in  the  room  of  Col.  William  Thomas  deed.     Counter- 
signed, J.  Craggs.     Copy.     [C.O.  324,  33.    p.  191.] 

Dec.  6.  776.  Mr.  Willard  to  Mr.  Popple.  Encloses  Minutes  of 
Boston.  Council  from  1st  Sept.,  Journal  of  Assembly  from  18th  May, 
and  13  Acts  of  the  Massachusetts  Bay,  May,  1718.  Continues  : — 
I  should  give  a  better  dispatch  to  those  affairs,  if  the  Assembly 
or  the  profits  of  my  office  would  allow  me  any  assistance  etc. 
The  last  Sessions  ended  two  days  agoe  etc.  Signed,  Josiah 
Willard.  Endorsed,  Reed.,  Read  29th  Jan.,  17f£.  2  pp.  [C.O. 
5,  867.  No.  25  ;  and  5,  915.  pp.  243,  244.] 

Dec.  ff.        777.     H.  Gelsherke  to  the  Directors  of  the  Dutch  West  India 
Rio  Essequebe.  Company.     Signed,  H.  Gelsherke.     Endorsed,  Read  24th  April 
(N.S.),  1719.     Dutch.     2  pp.    Enclosed, 

111.  i.  Order  by  Governor  and  Council,   22nd   Sept.,    1718. 
Dutch.     2^  pp.     [C.O.  116,  21.     Nos.  160,  160  i.] 

Dec.   ,6T.        778.     Commander  Van  der  Heyden  Rezen  to  the  Directors  of 
Rio  Esaequebe,  the  Dutch  West  India  Company.     Signed,  Pr.  Van  der  Heyden 
°NabvyS     Rezen.     Endorsed,  Read  24th  April  (N.S.),  1719.      Dutch.     2  pp. 
[C.O.  116,  21.     No.  161.] 

Dec.  9.  779.  Copy  of  Minute  of  Council  of  Virginia,  16th  Aug.,  1705, 
nominating  Col.  Blackiston  Agent  to  solicit  the  affairs  of  this 
country.  Signed,  Willm.  Robertson,  Cl.  Con.  Endwsed,  Reed., 
Read  9th  Dec.,  1718.  1  p.  [C.O.  5,  1318.  No.  53.] 

Dec.  9.  780.  Council  of  Trade  and  Plantations  to  Mr.  Secretary 
Whitehall.  Craggs.  Understanding  that  H.M.  in  Council  has  order'd,  that 
general  reprisals  be  granted  against  ye  ships  good's  and  subjects 
of  the  King  of  Spain  for  reparation  of  the  losses  unjustly  sustain'd 
by  H.M.  own  subjects  from  the  violent  and  arbitrary  proceedings 
of  ye  Spanish  Government,  and  being  likewise  inform'd  that  H.M. 
has  directed  one  of  His  ships  of  war  forthwith  to  sail  to  the  West 
Indies  with  Orders  to  the  several  Governors  there,  relating  to  our 
present  situation  with  Spain  ;  we  thought  it  might  be  of  advantage 
to  H.M.  service,  that  he  shoud  be  pleased  to  enlarge  the  time 
formerly  granted  for  the  pardoning  pirates  in  the  West  Indies, 
lest  they  should  be  tempted  to  enter  into  the  Spanish  service, 
from  whence  great  detriment  might  ensue  to  the  trade  of  these 
Kingdoms.  In  case  H.M.  shou'd  approve  of  our  proposals  upon 


AMERICA    AND    WEST    INDIES.  399 

1718. 

this  subject,  it  may  be  necessary,  that  H.M.  orders  for  this  purpose 
shou'd  be  dispatch'd  to  the  sevl.  Governors  of  ye  Plantations  by 
the  very  first  opportunity  and  if  possible  by  the  man  of  war, 
now  under  sailing  orders.  [C.O.  324,  10.  pp.  209,  210.] 

[Dec.  9.]  781.  Memorial  of  William  Penn,  Proprietary  and  Governour 
of  Pensilvania  and  several  of  his  Friends  in  behalf  of  the  people 
of  that  Province,  to  the  Council  of  Trade  and  Plantations. 
Submit  for  their  favourable  report  to  the  King  laws  past  in  1713 
and  1715,  with  reasons  for  passing  them,  notably  :  (i.)  The  Act  for 
impowring  religious  Societies  to  buy,  hold  and  enjoy  lands  and 
tenements  (1715).  The  true  reason  of  this  Act  was  to  encourage 
in  an  infant  Colony  where  there  was  no  endowments,  the  building 
of  hospitals,  churches,  and  other  places,  for  religious  worship, 
and  Charity  schools,  for  educating  of  youth  etc.,  without  any  other 
view,  that  wee  can  understand,  but  that,  if  any  lands,  or  tenements 
etc.  are,  or  shall  be  given  to  such  pious  uses,  they  shall  in  such 
case  be  applied  to  that  use  etc.  (ii.)  An  affirmation  Act  (1715) 
for  such  who  for  conscience  sake  cannot  take  an  oath,  being  the 
same  with  that  used  in  Great  Brittain.  True  it  is,  an  Act  of  the 
same  nature,  with  this,  may  before,  have  been  transmitted,  to 
the  Lorols  of  Trade,  which,  had  not,  the  Royal  approbation. 
And  that,  thereupon,  an  intire  failure  of  Justice  ensued,  in 
Pensilvania,  for  want  of  Magistrates,  that  would  administer,  and 
officers,  juries  etc.  who  could,  in  conscience,  take  an  oath,  so 
greatly,  doth  the  number  of  the  people  called  Quakers,  exceed 
that,  of  all  other  perswasions,  in  that  Province.  Wherefore 
the  Assembly  found  themselves,  indispensably  bound,  in  duty 
to  the  King,  for  the  reviving,  a  due  administration  of  Justice,  in 
that  Collony,  to  make  this  Act,  and  William  Penn  and  his  friends 
desire,  the  Lords  of  Trade,  will  be  pleased,  in  their  report  of  the 
Laws,  to  mention  these  facts,  to  the  King.  And  that,  his 
Dissenting  subjects,  in  Pensilvania  called  Quakers,  quitted 
England,  their  native  countrey,  to  be  freed  from  the  imposition 
of  oaths,  and  other  matters,  which  they,  in  their  conscience, 
could  not  comply  with,  and  transplanted  themselves  into  a 
wilde,  uncultivated  country,  inhabited  by  salvages,  where,  they 
have,  by  their  industry  added,  a  flourishing  Collony,  to  the  British 
Empire,  in  that  part  of  the  world,  to  the  mighty  benefitt  of  the 
Kingdom  of  England,  by  the  increase  of  Trade,  and  Navigation, 
in  the  great  number  of  shipping  they  employ,  and  the  vast 
quantities  of  manufactures,  of  that  growth,  which  they  consume. 
And  all  this,  in  hopes  to  enjoy,  that  liberty  abroad,  they  were 
denyed,  by  the  laws  at  home.  And  which  was,  the  intent  of 
King  Charles  the  Second.  For  he  in  his  Charter  to  William  Penn, 
grants  him  power,  with  the  consent  of  the  inhabitants,  to  enact 
such  laws,  as  might  secure  to  them,  their  civil,  and  religious  rights, 
and  liberties.  And  these  powers,  were  looked  upon,  at  that  time 
of  day,  to  be  so  large  and  extensive,  that  for  fear,  they  might  be 
interpreted,  to  have  vested,  the  people  called  Quakers,  in  whom, 
the  Government  of  Pensilvania,  by  that  Charter,  was  designed 
to  be  lodged,  to  hinder  the  exercise  of  any  other,  manner  of 


400  COLONIAL    PAPERS. 

1718. 

religious  worship,  different  from  their  own.  Therefore  Mr. 
Penn  was  tyed  down,  by  a  clause  in  that  Charter,  to  admitt  any 
minister,  sent  over  by  the  Bishop  of  London,  to  exercise,  his 
ministerial  function,  in  that  Province,  so  that,  from  thence,  we 
may  rationally  conclude  that,  William  Penn,  and  those  of  his 
perswasion,  were  by  that  Charter,  left  at  liberty,  to  enact  such 
laws,  as  might  best  secure  them,  from  those  burthens,  and  tyes, 
at  that  time  of  day,  upon  their  consciences,  by  the  laws  of 
England,  which  they  complain'd  off.  For  if,  without  that  clause, 
they  would  have  been  at  liberty,  to  impose  upon  others,  they 
must  at  the  same  time,  most  certainly,  have  been  design'd,  to 
be  left  free,  themselves.  And  as  it  doth  not  appear,  that  these 
religious,  and  industrious  people,  have  done  anything,  to  forfeit 
the  rights,  and  liberties,  they  claim,  by  that  Charter,  and  have 
by  virtue  thereof,  been  possessed  off,  so  many  years.  It  cannot 
therefore,  but  be  esteemed  greatly,  to  tend  to  their  discourage- 
ment, who  are  of  unquestionable  loyalty  to  King  George,  to  be 
deprived  of  them,  in  a  reign,  they  could  not  but  promise  themselves 
at  least,  as  much  happiness,  as  in  any  other,  and  thereby,  be  left 
in  a  state  of  anarchy,  and  confusion,  which  will  be  the  conse- 
quence, of  repealing  this  Affirmation  Act.  The  penalties  for 
falsly  affirming,  being  made  the  same  in  this  Act,  with  those,  in 
case^  of  corrupt  and  wilfull  perjury,  will,  therefore,  we  believe, 
have  the  same  effect.  Pray  for  a  favourable  report  to  the  King, 
for  his  Royal  assent,  for  thereupon  depends  the  great  happiness 
of  Pensilvania.  (iii.)  Act  for  the,  recovery  of  fines,  and  forfeitures, 
due  to  the  Governour  and  Government.  This  Act  was  made  to 
enforce,  the  duly  estreating,  levying,  and  paying,  into  the  pro- 
vincial Treasury,  all  fines  and  forfeitures  design'd,  and  which 
ought  to  be  apply 'd,  towards  defraying,  the  charges  of  supporting 
the  Government,  so  that  they  might  goe,  and  be  applied  to  those 
uses.  This  is  a  case,  so  necessary,  to  be  taken  care  off,  in  all 
Governments,  that,  the  Assembly,  promised  themselves  success,  in 
having  this  bill  pass'd.  Query  in  margin :  Whether  this  Act  can  pass 
without  prejudice  to  ye  contract  made  in  ye  late  Queen's  time  for 
Mr.  Penn's  resigning  ye  Governmt.,  whereby  'tis  probable  that  ye 
fines  and  forfeitures  were  likewise  to  be  resign'd  to  ye  Crown, 
(iv.)  An  Act  for  assigning  of  bonds  etc.  This  Act  was  made,  for 
facilitating,  and  increasing  of  trade  and  commerce,  in  a  countrey, 
from  whence,  all  their  money  is  drained,  by  their  trade,  with 
Great  Brittain,  which,  we  presume,  will  be  a  good  reason,  for 
passing  the  same,  (v.)  An  Act  for  acknowledging,  and  recording 
of  deeds.  In  this  Act  the  Assembly  have  endeavored  to  remove, 
such  objections, 'as  were  made,  against  a  former  bill,  of  this 
nature,  and  experience,  having  made  appear,  the  great  con- 
veniency  thereof,  and  a  certainty  to  purchasers,  in  their  titles, 
by  this  method,  of  recording  all  deeds,  so  we  desire  it  may  be 
ratified,  (vi.)  The  Act  for  such  as  refuse  to  take  the  solemn 
Affirmacon  used  in  Great  Brittain  is  the  same,  with  the  Affirma- 
tion Act,  before  mentioned,  saving,  the  name  of  God,  is  not  made 
use  of  therein,  the  reason  whereof  is,  that  there  are,  a  considerable 
number  of  scrupulous  conscientious  people,  who  dare  not  make 


AMERICA    AND    WEST    INDIES.  401 

1718. 

use  of,  the  sacred  name  of  God,  on  such  occasions.  The  penalties 
in  this  Act  are,  made  the  same,  as  in  the  before  mentioned 
Affirmation  Act  etc.  (vii.)  An  Act  for  continuing  a  friendly 
correspondence  with  the  Indians.  The  whole  intent  of  this  Act  is, 
to  prevent  the  Indians  being  imposed  upon,  or  abused  in  trade, 
or  otherwise,  by  ill  minded  persons.  Which  experience  hatli 
shown,  is  impossible  to  prevent,  if  all  manner  of  persons,  without 
some  restrictions,  and  regulations,  should  be  suffered  to  trade, 
arid  live  amongst  the  Indians.  The  fatal  effects  whereof,  some 
of  the  English  neighbouring  Collonies,  have  felt,  in  the  late  warrs, 
with  those  salvages,  by  the  loss  of  great  numbers  of  Christians 
killed,  and  their  houses,  plantations,  goods,  and  cattle  burnt, 
destroyed,  or  carried  away,  by  those  heathen.  These  dreadful! 
mischiefs  might  probably  have  been  prevented,  had  care  been 
taken,  to  observe,  some  such  like  means,  as  is  proposed,  in  this 
Act,  in  treating  and  dealing  with  the  Indians  honestly.  And 
which  is,  what  hath  hitherto  preserved  a  friendship,  between 
them,  and  the  Christian  inhabitants  of  Pensilvania,  insomuch, 
that  although  the  Indians,  have  had  warrs,  with  all  our  neigh- 
bouring Collonies,  yet  have  they  not  hitherto,  had  any  quarrel 
with  us,  nor  have  we  lost  the  life  of  any  one  Englishman,  by  their 
means,  from  the  settlement  of  the  Collony,  to  this  day,  that  we 
know,  or  have  heard  of.  This  Act,  therefore  being  of  such 
consequence,  for  secureing  the  peace,  and  tranquillity  of  that 
country,  and  the  same,  to  continue,  for  no  more,  than  three  years, 
merits  from  the  Lords  of  Trade  and  Plantations,  a  favourable 
report  to  the  King,  that  it  may  have  the  Royal  fiat,  (viii.)  An 
Act  for  better  determining  of  debts,  under  forty  shilling*,  and  laying 
aside  the  two  weeks  Court  in  Philadelphia.  The  two  weeks 
Court,  not  answering  the  ends  propos'd,  but  on  the  contrary, 
the  mannor  of  executing  it,  by  the  magistrates  and  officers,  of 
the  City  of  Philadia.,  proving  chargeable,  and  inconvenient, 
Therefore  this  Act,  upon  complaint  thereof,  made,  takes  it  clear 
away,  and  provides  an  easier  method,  for  recovering  such  small 
debts,  by  lodging  that  power,  in  the  breast,  of  a  Justice  of  Peace, 
who  is,  to  determine  the  same,  in  a  summary  way  with  little 
expence  to  the  parties,  (ix.)  An  Act  for  erecting  a  supreme,  or 
Provincial  Court  of  law  and  equity.  This  Court,  is  not  a  novelty 
in  Pensilvania,  any  more,  than  in  any,  of  the  rest  of  the  King's 
Plantations.  This  Act,  being  rather  made,  to  rectifye,  and 
amend  the  proceedings  of  the  antient  Provincial  Court,  and  make 
the  practice  thereof,  more  conformable,  to  the  methods  used,  in 
the  Courts,  at  Westminsterhall.  And  as  to  the  hearing  causes 
by  Appeal,  writs  of  error,  certiorari  etc.,  they  are  things,  that 
have  been  long  practised,  in  that  Government,  as  well  as,  in  other 
Supreme  Courts,  throughout  all,  or  most  of  the  Plantations,  by 
laws  made  for  that  purpose,  and  those  laws,  ratified  by  the  Crown, 
so  that,  we  hope,  this  Act,  will  have  the  Royal  assent  to  it. 
(x.,  xi.)  Acts  for  selling  the  Court  of  Common  Pleas,  and  for  ascer- 
taining the  practice  of  the  Courts  of  Judicature.  In  framing  these 
Acts  the  Assembly  have  advised,  with  the  most  learned  in  the 
law,  in  that  Province,  and  followed  their  opinion,  in  setling  the 

Wt.  441.  C.P.  26. 


402  COLONIAL    PAPERS. 

1718. 

method,  and  practice  of  the  Courts,  as  near,  as  could  be  done 
conveniently,  according  to  the  course  of  proceedings,  in  the 
Courts  at  Westmr.  etc.  (xii.)  An  Act  for  raising  a  supply  of  one 
penny  per  pound,  and  four  shillings,  per  head,  and  for  reviving 
other  Acts.  The  intent  of  this  Act  being  to  raise  a  supplye,  for 
the  support  of  Government,  makes  the  same  to  be,  in  the  nature 
of  a  money  bill,  in  Parliamt.,  wherein  the  people,  who  grant  it, 
raise  it,  amongst  themselves.  Acts  of  this  kind,  being  necessary, 
and  frequent,  in  all  Governments,  and  without  which,  none  can 
subsist,  Therefore,  we  desire,  this  bill  may  pass  the  Royal  assent, 
There  are  sever  all  penalties  in  this  bill,  upon  transgressors  thereof, 
which  goe  one  half  to  the  Governor,  for  the  support  of  Govern- 
ment, and  the  other  to  the  informer,  (xiii.)  An  Act  for  regulating 
and  establishing  fees.  An  Act  bearing  the  same  title  with  this 
Act,  it's  true,  was,  formerly  repealed,  But  for  no  other  reason, 
save  only  that,  it  depended  on  an  other  Act,  at  that  time  likewise 
repealed,  so  that,  had  it  pass'd,  at  that  time,  with  the  Royal 
assent,  it  could  not,  have  been  of  any  use,  the  matters  thereof, 
being  so  interwoven,  and  depending,  so  much  on  the  other.  But 
that  objection,  being  now  removed,  we  doubt  not  but  that,  this 
bill,  will  have  the  Royal  assent  etc.  (xiv.,  xv.)  An  Act  for  laying 
a  duty,  on  wine,  brandy,  and  other  spirits,  cyder,  and  hopps 
imported,  and  an  Act  for  laying  a  duty  on  negroes  imported.  These 
two,  are  Acts,  wherein  likewise  the  people,  by  their  Representa- 
tives, mett  in  Generall  Assembly,  have  agreed,  to  raise[s]  money 
upon  themselves,  to  supplye  the  publick  exigences  of  the  Govern- 
ment, in  such  manner,  as  after  a  mature  deliberation,  they  thought, 
would  not  be  burthensome  there,  or  unacceptable  at  home, 
Particularly,  in  the  Act  for  laying  a  duty  on  negroes,  they  have 
endeavoured  to  remove,  and  take  off,  the  former  objections  to 
that  Act.  Wherefore,  we  hope  now  no  more  difficulties  will  be 
started,  to  hinder,  these  two  Acts,  having  the  Royal  assent. 
There  are,  in  these  two  Acts  also,  severall  penalties,  that  goe  one 
half,  to  the  Governour,  for  the  support  of  Government,  and  the 
other  half,  to  the  informer,  as  is  usuall  in  such  Acts.  For  these, 
and  the  severall  other  reasons  aforemenconed,  William  Penn, 
and  his  friends  doe,  in  behalf  of  the  people  of  Pensilvania,  lay 
before  and  recommend,  the  two  parcells  of  laws,  to  the  Lords 
of  Trade  and  Plantations,  that  they  would  be  pleased,  favourably 
to  report  them  to  the  King,  for  his  Royal  sanction,  on  which, 
intirely  depends  the  future  happiness  of  that  Collony,  for  without 
that  sanction,  the  Country  must  fall  into  the  utmost  anarchy, 
and  confusion,  for  want  of  a  due  administration  of  Justice,  wee 
not  being  able  there  to  find  persons  enough,  who  can  in  conscience 
give,  or  take  an  oath,  to  serve  as  Magistrates,  juries  etc.  Endorsed, 
Reed.,  Read  9th  Dec.,  1718.  37  pp.  Enclosed, 

781.  i.  Abstract  of  laws  passed  in  Pennsylvania,  1712-1715. 
Same  endorsement.  32  pp.  [0.0.  5,  1265.  Nos.  109, 
109  i.] 

Dec.  9.         782.     Mr.   Secretary  Craggs  to  the   Council  of  Trade   and 
Whitehall.     Plantations.     Encloses  following  for  their  report.     Signed,  J. 


AMERICA    AND    WEST    INDIES.  403 

1718. 

Craggs.     Endorsed,  Reed.  10th  Dec.,  1718,  Read  10th  Feb.,  171$. 
|  p.     Enclosed, 

782.  i.  George  Vaughan  to  Mr.  Secretary  Craggs.  London, 
Nov.  29,  1718.  Encloses  following  received  this  day. 
I  was  at  Causo  10  or  12  miles  to  the  westward  of  Cape 
Brittoon  in  Augt.  last,  and  then  all  things  was  peaceable 
and  quiet,  the  French  and  English  fishing  with  all 
friendship  and  love,  and  the  Indians  tho  numerous  very 
ready  to  do  all  friendly  offices,  but  I  fear  they  are  now 
exasperated,  etc.  Signed,  Geo.  Vaughan.  Copy.  1  p. 

782.  ii.  Nathaniel  Shannon  to  George  Vaughan.  Portsmo. 
Oct.  22,  1718.  But  soon  after  comes  the  Squirrell 
man  of  war  from  Boston  to  break  up  and  destroy  (if 
I  may  say  rather  the  English  than)  the  French  Fishery 
at  Causo,  which  (after  he  had  been  to  Cape  Britton)  on 
the  18th  Sept.  last  he  began  like  fury  to  do  ;  my  vessell 
then  happened  to  be  at  sea  ;  caused  me  to  be  but  under 
poor  circumstances  to  secure  and  get  away  what  little 
fish  and  other  effects  I  had,  the  disturbance  grew  so 
great  in  2  or  3  days,  that  I  fear'd  to  lodge  in  my  house, 
but  left  it  for  severall  nights  to  the  generosity  of  the 
(then)  theivish  French  and  Indians,  at  last  on  a  Sabbath 
day  I  sold,  and  was  forced  to  weigh  of  my  dry  fish  etc. 
On  26th  Sept.  the  Fleet  sail'd  for  Boston  together  with 
a  brigt.  and  Sloop,  two  prizes  taken  from  the  French, 
the  former  had  a  thousand  quintalls  of  fish  ;  the  French 
Admiral  had  his  ship  given  again  but  all  his  fish  and 
wine  and  brandy  etc.,  and  he  carried  to  Boston  a  prisoner 
etc.  I  tarry'd  with  six  vessells  7  days  after  the  Fleet. 
We  are  all  bent  (with  three  times  the  number  before) 
upon  going  another  year,  hourly  expecting  Col.  Phillips 
with  forces  to  garrison  there.  Advise  me  pr.  first  how 
this  action  is  approved  of  at  home,  and  whether  any 
care  is  like  to  be  taken  for  its  care  and  settlement.  The 
French  would  have  had  40  sail  there  next  year,  was  it 
not  for  this  rout.  Signed,  Nathaniel  Shannon.  1J  pp. 
\C.O.  5,  867.  No*.  30,  30  i.,  ii.  ;  and  (without  enclosures) 
5,  915.  p.  253.] 

[Dec.  10.]  783.  Copy  of  Governor  Shute's  Commission,  by  and  with 
the  advice  and  consent  of  the  Council  and  Assembly,  to  Jeremiah 
Dummer  to  act  as  Agent  for  the  Massachusetts  Bay.  Signed, 
Saml.  Shute.  Endorsed,  Reed.,  Read  10th  Dec.,  1718.  If  pp. 
[C.O.  5,  867.  No.  19  ;  and  5,  915.  pp.  238,  239.] 

Dec.  10.  784.  Mr.  Popple  to  Mr.  Gee.  The  Council  of  Trade  and 
Whitehall.  Plantations  having  looked  into  the  Laws  of  Pensylvania  that  are 
in  this  Office,  find  that  they  have  received  none  since  those  passed 
in  Feb.  1710  and  Aug.  1711,  and  therefore  their  Lordships  desire 
that  if  there  be  here  any  Laws  passed  since  that  time  they  may  be 
sent  to  them  immediately,  or,  if  there  be  none  such  here,  that  you 


404 


COLONIAL    PAPERS. 


1718. 


Dec.  10. 

Whitehall. 


Dec.  11 


Dec.  12. 

S.  Carolina. 


would  immediately  write  to  your  friends  in  Pensylvania  for  them. 
[(7.0.  5,  1293.    p.  160.] 

785.  Mr.  Popple  to  Sir  Wm.  Thomson.     Encloses  Act  of 
New  Jersey,  1717,  to  naturalize  Jacob  Arents  and  Ms  three  children. 
The  Council  of  Trade  and  Plantations  desire  your  opinion  more 
particularly  how  far  the  sd.  Act  of  New  Jersey  is  consistent  with 
the  Act  of  Parliament  of  12th  Car.  II.  for  the  incouraging  of 
shipping  etc.,  the  Act  of  7  and  8  Guli.  Ill  for  preventing  frauds  in 
the  Plantation  Trade,  or  any  other  Acts  of  Parliament  relating  to 
the  Trade  and  Navigation  of  this  Kingdom  ?  And  what  privileges 
a  person  naturalized  in  any  of  H.M.  Plantations  will  be  entituled 
to?     [0.0.5,995.     #.450.] 

786.  Mr.  West  to  the  Council  of   Trade  and    Plantations. 
I  have  considered  three  Acts  passed  in  New  Jersey  1714,  (i.)  for 
shortning  of  law  suits,  (ii.)  inforcing  the  observation  of  the  ordinance 
for  establishing  fees  and  (iii.)  for  acknowledging  and  recording  of 
deeds  and  conveyances  of  land  etc.     As  to  the  generall  purview  of 
which  Acts  I  have  no  objection.     But  inasmuch  as  those  Acts 
are  represented  by  the  Governour  and  by  the  Judges  of  the 
Supream  Courts  of  Justice  in  that  Province  to  bee  entirely 
destructive  of  their  jurisdiction  and  as  in  their  opinion  not  fitt 
to  be  pass'd  into  law  especially  considering  that  they  are  intended 
to  be  perpetuall  and  have  also  been  represented  unto  me  that 
those  Acts  are  very  prejudiciall  to  the  right  of  those  officers  who 
are  appointed  by  patents  from  the  Crown  by  lessening  their 
usuall  and  accustomed  fees  in  such  a  manner  as  that  there  is  not 
a  sufficient  encouragement  for  any  person  to  undertake  the 
execution  of  those  offices,  I  am  of  opinion  that  those  Acts  are  not 
proper  to  be  passed,  unlesse  there  be  clauses  inserted  to  save  the 
jurisdiction  of  the  Superior  Courts  and  the  rights  of  those  few 
officers  in  the  Province  who  are  appointed  by  patent  from  the 
Crown.     Signed,    Richd.    West.     Endorsed,    Reed.,    Read    12th 
Dec.,  1718.     l\pp.     [0.0.5,971.     No.  76;  and  5,  995.    pp.  451, 
452.] 

787.  Governor  and  Council  of  South  Carolina  to  the  Council 
of  Trade  and  Plantations.     Wee  had  the  honr.  of  laying  before 
your  Ldships.,  21st  Oct.  last,  the  action  of  taking  Majr.  Stede 
Bonnet,  and  his  crew  at  Cape  Fear,  by  Collo.  William  Rhett.     Wee 
then  informed  yr.  Ldships  of  the  apprehensions,  wee  lay  under 
of  further  insults  of  those  people.     Those  our  apprehensions  have 
proved  too  true,  wee  having  been  blocked  up,  and  several  ships 
taken  in  sight  of  the  town,  insomuch  that  the  Governr.  thought  it 
proper,  to  press  several  ships  and  vessells,  and  fitt  them  out,  at 
a  very  great  expence  to  our  Province  to  remove  them,  and  went 
himself  in  person,  and  took  a  ship,  and  a  sloop,  after  having 
killed,  26  men,  among  which  was  one  Worley  the  commander. 
Wee  hope  this  may  convince  yr.  Ldships.  of  the  reasonableness 
of  our  request,  that  a  ship  of  warr,  may  be  sent  to  our  assistance, 
and  protection,  without  which  our  trade  must  be  inevitably 


AMERICA   AND   WEST   INDIES. 


405 


1718. 


Dec.  12. 

Whitehall. 


Dec.  13. 

Annapolis 
Royal. 


ruined,  which  wee  are  the  more  perswaded,  yr.  Ldships  will 
endeavour  to  prevent,  by  your  solicitations  to  H.M.,  when  you 
shall  be  pleased  to  consider  the  newness  of  our  Colony,  and  that 
nevertheless  wee  the  last  year  shipped  off,  32,000  barrels  of  tarr, 
2643  barrels  of  pitch  and  473  barrels  of  turpentine,  all  stores, 
very  usefull  for  H.M.  Navy.  Signed,  Robt.  Johnson,  A.  Skene, 
Nicholas  Trott,  Tho.  Broughton,  Charles  Hart,  Fra.  Yonge. 
Endorsed,  Reed.  24th  Feb.,  Read  3rd  April,  1719.  1  p.  [C.O.  5, 
1265.  No.  119  ;  and  5,  1293.  pp.  166,  167.] 

788.  Mr.  Tickell  to  Mr.  Popple.  Mr.  Secretary  Craggs 
desires  a  copie  of  the  report  made  about  three  years  ago  by  the 
Council  of  Trade  and  Plantations  concerning  the  taking  off  the 


duties  on  American  timber. 
Read  12th  Dec.,  1718.     1  p. 
10. 


Signed,  Tickell.     Endorsed,  Reed., 
[C.O.  323,  7.     No.  134  ;  and  324, 


789.  Lt.  Governor  Douce tt  to  Governor  Philipps.  Refers  to 
enclosures.  As  to  what  he  (i.e.  M.  de  Vaudreuil)  mentions  of 
River  St.  John  sure  he  must  be  very  much  mistaken,  for  that 
river  lyes  in  the  same  bay  wth.  us,  and  is  but  twelve  leagues  from 
hence,  and  much  about  the  center  of  Nova  Scotia.  1  hope  Sir 
you  will  put  a  stop  to  their  proceedings,  or  ellce  they  will  claim 
everything  to  within  cannon  shott  of  this  Fort,  which  has  been 
often  the  topick  of  the  inhabitants'  discourse,  and  not  long  since 
I  was  oblidged  to  comitt  one  of  them  to  prison,  for  saying  so  to 
me  and  being  very  insolent.  In  short  Sir  from  the  neglect  of 
this  place  so  long,  they  think  it  is  allways  to  lye  as  it  does,  and 
I  dare  sware  their  is  not  one  inhabitant  believes,  they  shall  ever 
see  a  Govenr.  here  etc.  Your  Excellency  plainly  sees  the  under- 
hand dealing  by  the  private  letter  of  Monsr.  Vaudreuil  etc.,  as 
allso  by  M.  St.  Ovide's  writeing  one  thing  to  me,  and  doing  the 
reverse  etc.  (v.  July  23,  1718  and  March  24,  1719).  Urges  him  to 
press  for  presents  for  the  Indians  and  a  man  of  war  ut  supra. 
Concludes  : — My  wife  joynes  with  me  in  our  most  humble  service 
to  your  Lady  and  self,  and  hope's  the  fox  skin  she  has  sent  to 
Madam  Phillips  may  be  acceptable,  etc.  P.S. — I  hope  you  will 
receive  a  draught  wth.  this  from  Capt.  Southack,  in  which  I  have 
desire'd  him  to  trace  out  in  red,  the  antient  bounds  of  Nova 
Scotia  etc.  Signed,  John  Doucett.  Endorsed,  Reed,  (from  Col. 
Philips)  23rd,  Read  29th  April,  1719.  2  pp.  Enclosed, 

789.  i.  Marquis  de  Vaudreuil  to  Lt.  Governor  Doucett. 
Quebec,  22nd  Sept.  (N.S.),  1718.  Reply  to  letter  of 
April  15  (v.  20th  June).  Refers  to  the  new  treaty  of 
alliance  between  the  two  Crowns  and  his  determination 
to  maintain  it  etc.  Continues  : — But  those  who  govern 
on  behalf  of  the  King  your  Master  must  contribute 
their  share.  I  will  never  incite  the  savages  to  insult 
your  Government,  and  if  I  knew  of  any  Frenchman 
capable  of  doing  so,  would  punish  them  severely.  As 
regards  the  Missionaries,  I  can  hardly  believe  them  so 
ill  advised  as  to  stir  up  the  people  who  have  submitted, 


406  COLONIAL    PAPERS. 

1718. 

They  ought  to  confine  themselves  to  the  functions  of 
their  ministry  etc.  I  am  sure  that  if  they  confine 
themselves  to  their  duty,  you  will  not  refuse  them  the 
protection  you  owe  them.  Although  in  the  14th 
Article  of  the  Treaty  it  is  said  that  in  the  ceded  Colonies 
French  siibjects  shall  be  free  to  withdraw  with  their 
moveable  effects  etc.,  I  am  informed  that  you  refuse  them 
passports  and  liberty  to  take  away  their  cattle  and  other 
moveable  effects  etc.  I  shall  be  obliged  to  complain 
of  you  if  you  persist  in  refusing  to  the  French  inhabitants 
the  justice  which  is  their  due.  I  pray  you  also  not  to 
permit  your  English  boats  to  go  in  the  River  St.  John, 
which  is  still  part  of  the  French  dominion,  etc.  Signed, 
Vaudreuil.  Endorsed  as  preceding.  French.  If  pp. 

789.  ii.  Copy  of  No.  565  v. 

789.  iii.  Marquis  de  Vaudreuil  to  M.  Louis  Allain  at  Port 
Royal.  Quebec,  22nd  Sept.  (N.S.),  1718.  I  see  by  your 
letter  of  Nov.  25  last  that  the  Governor  of  Port  Royal  is 
pressing  you  and  the  other  inhabitants  to  take  the  oath 
of  allegiance  to  his  Britannic  Majesty  or  to  withdraw 
etc.  It  is  for  you  to  decide  whether  to  remain  in  Nova 
Scotia  or  withdraw  to  the  River  St.  John,  as  you  appear 
to  me  to  desire  to  do  ;  if  you  wish  to  withdraw  to  the 
River  St.  John,  which  is  not  part  of  the  English 
dominion,  you  ought  to  be  allowed  to  take  away  all 
your  moveable  effects,  in  which  effects  are  included  cattle 
and  everything  that  you  can  take  from  your  mills  with- 
out destroying  the  buildings.  The  buildings  etc.  you 
cannot  take  away  etc.  Signed,  Vaudreuil.  Same  endorse- 
ment. French.  Copy.  1  p. 

789.  iv.  Same  to  Same.  Quebec.  Sept.  22  (N.S.)  I  have 
just  written  a  reply  to  your  letter  of  Nov.  25th,  which 
you  will  be  able  to  show  to  the  English,  and  this  which 
accompanies  it  is  a  private  letter  which  you  must  not 
show  them  ;  I  pity  you  in  that  the  fortune  of  war  has 
subjected  you  to  a  foreign  rule,  which  you  find  it  hard 
to  endure.  You  assure  me  of  your  desire  to  withdraw 
to  the  River  St.  John  and  that  you  hope  to  be  able  to 
bring  there  a  good  number  of  your  inhabitants,  if  this 
river  belongs  to  the  French,  asking  me  for  this  settlement 
the  land  which  formerly  belonged  to  the  late  M.  Dubrauil. 
Whereupon  I  will  tell  you  that  the  River  St.  John  is  not 
part  of  the  English  dominion,  that  I  shall  always  support 
the  French  inhabitants  who  are  there  and  those  who 
shall  go  there  to  settle,  and  that  I  shall  not  suffer  the 
English  to  take  possession  of  it,  you  as  well  as  the  other 
families  of  inhabitants  who  shall  wish  to  follow  you  can 
go  and  take  the  lands,  and  apply  for  that  purpose  to 
the  Rev.  Father  Loyard,  Jesuit,  who  is  the  missionary 
there,  and  to  whom  I  have  given  a  power  of  granting 
habitations  to  those  who  shall  ask  for  them.  I  am 
writing  to  him  with  regard  to  you  on  this  occasion,  in 


AMERICA     AND    WEST    INDIES. 


407 


1718. 


Dec.  15. 

Whitehall. 


order  that  he  may  grant  to  you  the  land  you  shall  ask 
of  him.  You  ought  to  lose  no  time  in  going  there,  and 
when  you  are  there  with  your  family  and  all  your 
moveable  effects,  I  shall  be  able  to  send  you  a  passport 
for  the  voyage  which  you  propose  to  make  to  the  Islands 
with  your  ship,  which  I  cannot  do  so  long  as  you  are  at 
Port  Royal  under  the  English  dominion.  As  to  the 
oath  which  is  required  of  you  in  case  you  remain,  it  is 
for  you  and  the  other  inhabitants  to  decide  whether  it 
is  in  accordance  with  your  religion,  of  which  you  will  not 
have  the  free  exercise,  and  which  you  ought  to  prefer 
to  all  temporal  advantages  etc.  Signed,  Vaudreuil. 
Endorsed  as  preceding.  Copy.  French.  I  p.  [C.O. 

217,  2.     Nos.    64,    64   i.-iv.  ;   and   (without   enclosures) 

218,  1.     pp.  394-397.] 

790.  Reference  by  the  Lords  of  the  Committee  of  Council  for 
Plantation  Affairs  to  the  Council  of  Trade  and  Plantations,  for 
their  report  whether  any  and  what  liberty  for  fishing  and  curing 
ought  to  be  reserved  to  H.M.  subjects  in  such  grants  of  land  in 
Nova  Scotia  as  desired  by  Sir  A.  Cairnes,  21st  July,  etc.     Set  out, 
A.P.C.    II.   No.    1299.   q.v.      Signed,    Ja.    Vernon.      Endorsed, 
Reed.,  Read  18th  Dec.,  1718.     1  p.     [C.O.  217,  2.     No.  52  ;  and 
218,  1.     p.  376.] 

791 .  Council   of   Trade   and   Plantations   to   Mr.    Secretary 
Craggs.     We  are  now  writing  to  all  H.M.  Governors  in  America 
and  should  be  glad  to  know  H.M.  pleasure  whether  they  shou'd 
have  any  directions  sent  them  from  this  Board  upon  ye  present 
posture  of  affairs,  and  in  case  any  directions  are  sent  them  from 
your  Office  ;  we  shou'd  be  glad  that  they  might  be  communicated 
to  us  for  our  better  guidance  in  our  future  correspondence  with 
the  said  Governors.     [C.O.  324,  10.     pp.  211,  212.] 

Dec.  16.         792.     H.M.  Warrant  granting  to  Thomas  Bctts,  Naval  Officer 
St.  James's.   jn  jamajcaj  leave  of  absence  for  12  months,  etc.     Copy.     [C.O. 
324,  33.  pp.  192,  193.] 


Dec.  16. 

Whitehall. 


Dec.  16. 

St.  James's. 


793.  H.M.  Commission  to  Captain  Henry  Kelsey  to  be 
Governor  and  Commander  in  Chief  of  Hudson's  Bay,  to  do  "all 
manner  of  things  (not  being  contrary  to  Law)  which  you  shall 
judge  necessary  or  convenient  for  Our  service  the  advantage  of 
the  said  Company,  and  the  increase  of  the  Beaver  Trade  "  etc. 
Countersigned,  J.  Craggs.  Copy.  [C.O.  324,  33.  pp.  194,  195.] 

[Dec.  16.]  794.  Petition  of  Nathaniel  Carpenter  of  London,  merchant, 
to  the  Council  of  Trade  and  Plantations.  As  administrator  to 
Edward  Gillard  deed,  prays  that  the  name  of  his  former  partner, 
Henry  Burrell,  may  be  erased  from  the  debenture  for  his  losses 
on  a  plantation  in  St.  Kitts  at  the  time  of  the  French  invasion. 
It  was  agreed  to  divide  the  loss,  but  two  debentures  were  granted 
of  £192  2s.  2d.  each,  one  payable  to  Henry  Burrell  and  Co.  and 


408  COLONIAL    PAPERS. 

1718. 

the  other  to  Edwd.  Gillard  and  Henry  Burrell.     Endorsed,  Reed., 
Read  16th  Dec.,  1718.     1  p.     [(7.0.  152,  12.     No.  121.] 

Dec.  17.  795.  Mr.  Popple  to  Mr.  Carkesse.  Encloses  extract  of 
Whitehall,  letter  from  Governor  Sir  N.  Lawes,  1st  Sept.,  whereby  it  is 
represented  that  the  method  of  securing  H.M.  share  of  seizures 
there  has  been  alter'd.  The  Council  of  Trade  and  Plantations 
desire  you  will  let  irie  know  whether  it  has  been  done  by  directions 
from  the  Commissrs.  of  H.M.  Customs,  as  soon  as  possible. 
[(7.0.  138,  16.  p.  153.] 

[Dec.  18.]  796.  An  account  of  timber  exported  from  New  Hampshire 
to  Lisbon  and  Cadiz  1712 — 1718.  There  goes  yearly  to  Barbados 
and  the  Leeward  Islands  out  of  this  Province  5,000,000  ft.  of 
boards,  besides  staves  etc.  No  signature.  Endorsed,  Reed.  18th 
Dec.,  1718.  1  p.  [C.O.  5,  867.  No.  20.] 

Dec.  19.  797.  Governor  Hamilton  to  the  Council  of  Trade  and  Planta- 
st-  tions.  Begins  with  duplicate  of  26th  Oct.  Continues : — Since 
Christophers.  wkich  i  have  visitted  the  other  Islands  of  my  Government  and 
find  that  in  the  Island  of  Mountserratt  there  are  only  the  following 
persons  of  the  Council,  viz.  William  Frye  Esqr.  President,  John 
Daly  Esqr.,  George  Wyke  Esqr.,  Edward  Parsons  Esqr.,  William 
White  Esqr.  and  Anthony  Fox  Esqr.  :  William  Mathew  Esqr. 
Lieutenant  General,  Thomas  Talmash  Esqr.  Lieutenant  Governour, 
William  Gerrish  Esqr.,  Daniell  Ravell  Esqr.  being  all  in  Great 
Brittain,  the  first  by  leave  of  H.M.,  the  second  has  not  been  at 
his  post  since  my  arrival  to  the  Government,  William  Gerrish 
Esq.  absent  by  leave  from  myself  as  also  Daniel  Ravell  Esq.  ; 
John  Bramble  Esq.  refuses  to  serve,  Thomas  Lee  of  whom  I 
gave  your  Lordships  formerly  an  account  and  William  Barzey 
Esqrs.  being  dead.  I  therefore  beg  your  Lordships  will  recommend 
the  following  persons  to  H.M.  to  be  made  Members  of  the  Council 
for  that  Island  they  being  well  affected  to  H.M.  person  and  Govern- 
ment, and  of  good  estates  in  that  Island  vizt.  Major  John  Cochran, 
Mr.  Thomas  Lee  and  Mr.  William  Irish.  As  for  Nevis  there  are 
none  wanting  except  Major  Milliken  who  is  removed  from  that 
Island  and  is.  now  settled  on  the  Island  of  St.  Christopher's, 
whom  I  beg  your  Lordships  will  recommend  to  H.M.  to  be  one 
of  the  Council  for  St.  Christophers  he  being  a  person  thoroughly 
well  affected  to  H.M.  person  and  Government.  As  for  the 
Island  of  St.  Christophers,  here  are  remaining  John  Davis  Esqr. 
President  of  the  Council,  Francis  Phipps  Esqr.  John  Bourryan 
Esqr.  Joseph  Estridge  Esqr.  John  Willett  Esqr.  absent  by  forloe 
John  Milward  Esqr.  and  George  Lyddell  Esqr.,  to  whom  I  have 
added  and  sworn  of  the  Council,  as  mentioned  in  the  foregoing 
letter,  Colonel  William  Woodrope  and  Captain  William  Mc- 
Dowall,  I  have  not  called  to  the  board  as  advised,  Capt.  John 
Garnett  being  very  well  inform 'd  that  he  has  behaved  himself 
very  disrespectfully  towards  me,  and  therefore  must  recommend 
the  forementioned  James  Milliken  Esqr.  in  his  stead.  As  for  the 
Island  of  Antigua  there  are  remaining  Edward  Byam  Esqr. 


AMERICA    AND    WEST    INDIES.  409 

1718. 

Lieutenant  Governour,  John  Hamilton  Esqr.  who  is  almost 
superannuated,  William  Codrington  Esqr.  has  not  been  in  this 
Government  since  my  arrival,  and  at  least  two  years  before, 
Thomas  Morris  Esqr.  suspended,  William  Thomas  Esqr.  who  I 
am  informed  died  in  September  last  in  Great  Brittain,  William 
Byam  Esqr.  Edward  Warner  Esqr.  Vallentine  Morris  Esqr. 
absent,  in  Brittain  by  a  forloe,  Nathaniel  Crump  Esqr.  John  Frye 
Esqr.  absent  by  forloe  in  Great  Brittain,  Archibald  Cochran  Esqr. 
and  John  Gamble  Esqr.,  so  that  we  have  now  but  barely  seven 
with  the  Lieutenant  Governour,  upon  that  Island.  I  therefore 
humbly  desire  that  your  Lordships  will  be  pleased  to  recommend 
George  Lucas  and  Francis  Carlile  Esqrs.  the  latter  I  am  informed 
has  applied  to  your  Lordships,  and  is  now  returning  for  the 
Island  of  Antigua,  which  if  I  had  known  that  he  had  intended  to 
have  come  out  again  should  have  long  since  recommended  him 
to  your  Lordships,  they  are  both  persons  very  well  qualified,  of 
good  interests,  and  truely  zealously  affected  to  H.M.  person  and 
Government.  Here  arrived  this  week  one  Abraham  Howell,  who 
was  one  of  the  persons  taken  at  Crabb  Island  and  carried  away 
by  the  Spaniards  who  informs  me  that  after  they  had  carried  him 
through  all  their  ports  at  Porto  Rico,  Hispaniola,  Cuba  and  at 
Laverre  a  Cruix  they  at  last  suffered  him  upon  the  intercession  of 
the  Agent  of  the  Royal  Assiento  Company  to  return  (with  two  or 
three  more  that  were  with  him  taken)  in  a  Jamaica  sloop,  to  that 
Island,  from  whence  he  got  up  here  and  informs  me  that  when  he 
left  Laverre  a  Croix  which  was  about  the  27th  of  August  last, 
that  the  Spaniards  were  fitting  out  at  that  place  several!  vessells 
with  whom  they  were  to  go  to  the  Havana  there  to  join  others, 
and  to  take  in  four  or  five  thousand  men  with  a  design  to  destroy 
the  settlement  at  Providence.  Refers  to  former  request  for  a  ship 
of  40  guns  to  protect  the  Islands  against  Pirates.  Continues  : — The 
man  of  war  that  is  on  this  station  not  being  capable  of  doing  any 
service  against  that  vermin,  for  I  have  now  lately  received  an 
account  of  three  pirate  vessells  that  are  cruising  amongst  these 
Islands,  to  wit  a  ship  of  24  guns,  commanded  by  one  Captain 
William  Moody,  a  brigantine  of  eight  guns,  commanded  by  one 
Captain  Frowd,  and  a  sloop  of  six  or  eight  guns,  they  have  taken, 
stranded,  and  burnt  several  vessells  between  this  Island  and 
Santa  Cruix,  particularly  stranded  one,  and  burnt  another 
belonging  to  trading  persons  of  this  Island,  they  were  several 
days  at  an  anchor  off  of  the  Harbour's  mouth  of  the  Island  of  St. 
Thomas,  from  which  Island  it's  said  they  were  supplied  with 
provisions,  and  it's  very  probable  they  were  so,  for  that  is  a  nest 
that  harbours  all  villains,  and  vagabonds.  They  appeared  off  of 
this  Island  standing  to  windward,  and  I  am  not  without  fear  that 
they  will  intercept  some  of  our  provision  ships,  it  being  now  the 
season  for  them  to  drop  in,  or  may  even  attempt  the  man  of  war, 
if  they  meet  her  she  being  gone  for  Barbados  to  victual  which 
she  is  always  obliged  to  do,  there  being  no  person  appointed  in 
any  of  these  Islands  by  the  undertakers  to  supply  them,  which  is, 
and  may  prove  vastly  detrimental  to  H.M.  service,  and  the  great 
discouragement  of  trade  ;  I  therefore  humbly  recommend  this 


410  COLONIAL    PAPERS. 

1718 

to  your  Lordships'  consideration  whether  it  would  not  be  for 
H.M.  service  that  the  undertakers  should  be  obliged  to  appoint 
a  person  or  persons  in  some  of  these  Islands  to  supply  the  man 
of  war  attending  this  station  etc.,  for  at  any  time  she  is  obliged 
to  go  to  Barbados,  she  is  absent  at  least  a  month,  or  six  weeks. 
I  this  week  have  an  account  given  me  by  a  person  that  came  from 
Providence  that  some  of  those  pirates  that  had  surrendred 
themselves,  soon  after  surprized  a  vessell,  and  went  out  again 
upon  the  same  account,  I  therefore  once  more  beg  your  Lordships 
will  represent  this  matter  so  to  H.M.  that  the  evil  which  may 
otherwise  proceed  therefrom,  may  be  effectually  remedied.  I 
formerly  wrote  your  Lordships  about  the  trade  that  is  carried  on 
in  the  Island  of  St.  Eustatia  but  have  had  no  answer  thereto. 
I  must  now  further  acquaint  your  Lordships  that  we  have  daily 
soldiers  of  H.M.  Regiment  of  Foot  quartered  in  these  Islands 
(from  this  Island  in  particular)  desert  and  are  entertained,  and 
I  cannot  but  believe  are  encouraged  by  the  Dutch  Governour 
there,  for  that  I  have  several  times  sent  an  officer  down  to  demand 
them  who  have  been  put  of  from  time  to  time  with  fair  promises 
that  I  should  have  them  returned,  but  never  have  had  any 
performances,  although  some  of  the  Officers  have  seen  some  of 
their  men  upon  the  Island  at  a  distance,  but  could  never  obtain 
them,  which  is  so  very  prejudicial  to  H.M.  service  that  I  cannot 
omit  to  lay  this  before  your  Lordships,  in  order  to  represent  it 
to  H.M.  that  an  order  might  be  obtained  from  the  States  of 
Holland  to  the  Dutch  Governour  of  that  Island  for  the  restoring 
all  such  soldiers,  as  also  white  servants  that  some  times  run  off 
of  this  Island,  without  which  it  will  be  almost  impossible  for 
Officers  to  keep  their  Companies  compleat,  or  for  masters  to  keep 
their  servants.  P.S. — Since  the  foregoing  I  have  an  account 
given  me  by  the  master  of  a  New  York  sloop,  one  Mr.  Dane  that 
he  was  taken  in  the  latitude  of  28  by  the  beforementioned  sloop 
that  run  away  from  Providence  which  they  call  the  Duke  and 
Duchess,  commanded  by  one  Captain  David,  they  had  fifty-five 
men,  they  plundered  and  took  away  almost  all  his  water  and 
provisions,  and  took  away  two  of  his  men.  Signed,  W.  Hamilton. 
Endorsed,  Reed.  15th  May,  Read  9th  June,  1719.  6f  large  pp. 
Enclosed, 

797.  i.  Deposition  of  John  Brown,  late  Commander  of  the 
brigantine  John  and  Thomas  of  Road  Island.  Antigua, 
12th  March,  17ff .  On  Nov.  5th  last  he  was  taken  off 
the  Bay  of  Carolina  by  a  pirate  ship,  the  Rising  Sun, 
William  Moudy  Commander,  mounted  with  36  guns 
and  having  on  board  130  men,  white  and  black.  They 
came  to  St.  Thomas  at  the  end  of  Nov.  where  they 
stayed  two  or  three  days  and  took  three  vessells  belong- 
ing to  Martinico.  They  sent  the  master  of  each  vessell 
ashoar  to  the  Governor  to  demand  provisions  for  their 
ransom  otherwise  they  threatned  to  burn  their  vessells  ; 
they  had  thereupon  from  St.  Thomas  about  30  barrels 
of  beef  as  much  flower  with  wine  etc.  Thence  they 
went  to  Saint  Cruise  to  water,  where  they  took  three  or 


AMERICA    AND    WEST    INDIES  4U 

1718. 

four  vessels  etc.  In  latitude  34  they  fought  and  took 
a  Dutch  ship  from  Guinea,  and  used  the  master  and 
sailers  barberously.  Refers  to  3  other  captures.  They 
used  deponent  and  the  master  of  the  ship  very  bar- 
berously during  the  time  they  were  detained  on  board 
etc.  Signed,  Jno.  Brown.  Same  endorsement.  l\pp. 

797.  ii.  Deposition  of  John  Bois,  Carpenter  of  the  Wade 
frigate,  -  -  Edwards  Commander.  Antigua,  Feb.  24th, 
1718(9).  Bound  for  Jamaica,  he  was  taken  by  a 
French  pirate  ship,  the  Mary  Anne.  The  pirates 
plundered  and  drove  the  ship  ashore  after  using  the 
Captain  very  barbarously,  upon  suspicion  of  his  having 
concealed  mony.  Their  consort  the  PostiUion  took  a 
French  pink,  which  they  fitted  out  and  then  sank  the 
Mary  Anne  in  Samana  Bay.  They  pretended  to  trade 
with  Spanish  merchants  upon  the  coast,  but  robbed 
them  when  they  got  them  on  board.  They  afterwards 
took  several  vessels  belonging  to  New  England,  one 
belonging  to  Bermudas,  and  one  to  Jamaica.  They 
were  afterwards  engaged  by  an  English  pirate  off 
Samana  Bay  which  plundered  them  and  took  off 
deponent.  These  plundered  another  vessel,  and  sent 
deponent  and  one  Isaac  Wackee  on  board  because  they 
refused  to  go  with  the  pirates.  The  pirates  had  on 
board  about  130  white  men,  and  about  50  Spaniards, 
negroes  and  Indians,  26  guns  and  4  swivel  guns,  com- 
manded by  Edward  England  an  Irishman.  They 
designed  to  go  to  the  latitude  of  Barbados  to  get  bread 
or  flower  and  a  better  ship,  and  from  thence  to  the 
coast  of  Guinea  and  Brazil.  Sumana  Bay  and  Scots 
Bay  and  the  Island  of  Mona  are  places  of  rendezvous 
for  the  pirates.  Signed,  John  Bois,  his  mark.  Same 
endorsement.  2|  pp. 

797.  iii.  Duplicate  of  preceding. 

797.  iv.  Deposition  of  Jonathan  Bull,  Commander  of  the  ship 
Christiana  of  Boston.  Antigua,  17th  Jan.,  1718(9). 
Bound  from  Surinam  to  Boston,  deponent  on  Dec.  5th 
last,  was  taken  and  plundered  off  Barbados  by  a  pirate 
brigantine  mounted  with  12  guns,  about  90  men  on 
board,  commanded  by  Edward  England,  with  a  sloop 
their  tender.  An  hour  before,  they  .took  a  sloop  belong- 
ing to  Col.  Lesley  of  Barbados,  which  they  sank.  The 
night  following  they  took  a  vessel  bound  to  Barbados 
from  Guinea  with  250  negroes,  and  some  small  time 
after  another  ship  from  Madera  bound  for  Barbados 
with  provisions  etc.  On  28th  they  took  a  small  sloop 
belonging  to  Martinico  etc.  Believes  they  intend  to  fit 
out  the  Guinea  man  for  their  man  of  war  somewhere 
near  St.  Vincents.  When  they  sent  him  and  his  men 
off  in  their  own  vessel,  they  had  on  board  5  commanders 
with  their  men,  including  the  Commander  of  a  briganteen 
belonging  to  Piscataqua  taken  about  18th  Dec.  They 


412  COLONIAL    PAPERS. 

1718. 

were  about  1 25  in  number  when  he  left  them  etc.  Signed, 
Jona.  Bull.  Same  endorsement.  2J  pp. 

797.  v.  Deposition  of  Robert  Leathes,  Commander  of  the 
Upton  pink  of  Belfast.  Antigua,  12th  March,  17J§. 
On  17th  Jan.  he  was  taken  by  a  pirate  brigantine, 
Richard  Frowd  Commander,  in  latitude  35  North,  in 
his  voyage  from  Belfast  to  South  Carolina.  The 
brigantine  had  about  4  guns  and  60  men  whites  and 
blacks,  and  was  tender  to  the  pirate  ship  Rising  Sun 
etc.  Confirms  Encl.  No.  i.  Signed,  Robert  Leathes. 
Same  endorsement.  2  pp. 

797.  vi.  Deposition  of  Robert  Leonard,  Commander  of  the 
snow  Eagle  of  New  York.  Antigua,  24th  Feb.,  17J-J. 
In  latitude  of  23,  Feb.  15th,  deponent  was  taken  and  his 
ship  plundered  by  a  pirate  ship.  The  Commander  beat 
him  with  his  cutlass  for  not  bringing  to  at  first  shot,  and 
the  pirates  threatned  to  sink  his  vessell  and  throw  him 
overboard  with  a  double  headed  shot  about  his  neck, 
if  he  concealed  where  his  money  was.  They  said  they 
had  taken  a  French  pirate  in  Scots  Bay  at  the  N.  end 
of  Hispaniola.  The  Captain's  name  was  Edward 
England  and  the  Master,  who  sailed  with  deponent 
about  six  months  ago  as  boatswain,  was  Alexander 
Ure  etc.  Signed,  Robt.  Leonard.  Same  endorsement. 
1J  pp.  [C.O.  152,  12.  Nos.  136,  136  i.-vi.] 

Dec.  19.  798.  Council  of  Trade  and  Plantations  to  the  King.  The 
Whitehall.  Fishery  at  Newfoundland  having  been  obstructed  and  discouraged 
for  many  years  past,  not  only  by  the  late  wars  but  by  the  irregula- 
rities of  the  inhabitants,  traders  and  fishermen  who  reside  in  and 
resort  to  that  Island,  We  have  in  obedience  to  your  Majesty's 
Commission,  whereby  we  are  directed  to  enquire  into  the  several 
obstructions  of  trade,  and  the  means  of  removing  the  same 
considered  the  past  and  present  state  of  the  aforesaid  Fishery, 
etc.,  and  thereupon  crave  leave  to  represent,  That  the  Fishery 
in  Newfoundland  was  at  first  settled  by  merchants  and  other 
Adventurers,  inhabiting  the  Western  parts  of  this  Kingdom,  and 
successfully  carry 'd  on  for  many  years,  under  the  restriction  of 
such  customs  and  laws  as  were  agreed  upon  by  the  fishermen 
among  themselves.  Altho  the  harbours  and  fishing  places  were 
for  some  time  left  open  and  free  (Purchase  Pilgrim  fol.  1877)  to 
all  Nations  (without  prejudice  however  to  the  Sovereignty  of 
your  Majesty's  Royal  Predecessors)  nevertheless  great  numbers 
,>,.  of  ships  and  seamen  were  annually  employ 'd  by  the  sd.  Adven- 
turers, some  in  fishing  and  others  in  supplying  them  with  salt 
from  France  and  Portugal,  and  in  carrying  their  fish  to  foreign 
markets,  which  ships  being  furnished  with  provisions  and  all 
other  necessaries  of  English  production  and  manufacture,  for  ye 
whole  voyage,  it  was  not  only  a  particular  advantage  to  the 
Western  Counties,  but  likewise  to  the  Nation  in  general,  by 
encreasing  the  factories  in  foreign  Countries  and  by  promoting 
the  consumption  of  our  manufactures.  And  forasmuch  as  the 


AMERICA    AND    WEST    INDIES.  413 

1718. 

fishing  ships  required  more  hands  than  were  barely  necessary 
to  navigate  them,  the  masters  and  owners  constantly  bred  up 
(Wade,  2.)  many  servants  and  others  unacquainted  with  the  sea, 
by  which  method  the  charge  of  the  voyage  was  lessen'd,  and  the 
number  of  seamen  for  the  service  of  the  Crown  and  Kingdom 
was  wonderfully  encreased,  and  to  excite  their  industry,  as  well 
as  to  reward  their  labour  (Wade,  1)  instead  of  allowing  them 
wages  by  the  month  or  voyage,  according  to  ye  present  practise 
of  ye  fishing  towns,  every  one  had  a  certain  share  or  shares  in  the 
fish  and  oyle  that  was  taken  and  made  during  the  voyage  and 
upon  their  return  ye  whole  cargo  was  sold,  and  the  proceed 
divided,  f  to  the  owners  and  J  to  the  ship's  Compa.,  in  such 
proportions  as  were  agreed  on,  which  made  it  their  intrest,  to 
attend  diligently  to  their  employment,  and  raised  an  emulation 
among  them  to  outvy  one  another.  The  first  account  of  this 
Fishery  we  have  met  with  is  from  Mr.  Antho.  Parkhurst  (Hack- 
luyt,  3  vol.  132.)  who  relates,  that  in  1574,  thirty  English  ships 
were  employ'd  in  fishing  at  Newfoundland,  and  in  1578,  fifty. 
The  succeeding  war  with  Spain  checked  the  increase  of  the  Fishery 
for  some  years,  but  after  the  peace,  1604,  it  flourish'd  exceedingly. 
(Purchase,  4  vol.,  1886).  Which  encouraged  the  merchants  of 
London  and  Bristol  in  1610  to  solicit  a  grant  which  they  obtained 
from  King  James  I  for  a  considerable  part  of  Newfoundland, 
(Purchase,  Pilgrim  1876,  1877.  Vol.  1.  Cap.  12.)  in  order  to 
settle  Colonies  that  by  their  assistance  they  might  be  enabled 
to  share  the  advantages  of  the  Fishery  with  the  Western  Adven- 
turers. But  after  they  had  expended  large  sums  to  no  purpose, 
they  quitted  their  design,  being  convinced,  that  the  country  was 
not  capable  of  subsisting  English  Colonies  and  if  it  had,  that  the 
charge  of  supporting  and  governing  them,  was  too  great  to  be  born 
by  a  Fishery.  Afterwards  in  1615  Cap.  Richard  Whitburn,  who 
was  sent  to  Newfoundland  with  a  Commission  from  the  Court 
of  Admiralty  to  enquire  into  ye  disorders  and  abuses  committed 
on  that  coast  reported  that  250  ships  belonging  to  this  Kingdom, 
were  engaged  in  the  Fishery,  which  he  computed  one  with  another 
at  60  tons  and  20  mariners,  and  that  each  ship  had  taken  120,000 
fish,  and  made  5  tons  of  train  oyle  etc.  However  as  some  of  the 
looser  sort,  both  of  the  planters  and  mariners  remained  in  the 
country,  because  they  vainly  immagined,  that  they  could  not 
be  impeached  there  for  such  injuries  and  wrongs  as  they  had 
committed  and  were  supply 'd  with  rum,  strong  liquors  and 
tobacco  from  New  England  and  other  parts.  They  retailed 
them  contrary  to  ye  rules  of  the  Fishery  among  the  seamen  ; 
whereupon  idleness  and  debauchery  soon  prevailed  and  increased 
to  that  degree,  that  at  last  the  masters  and  owners  of  ye  ships 
were  obliged  to  petition  King  Charles  I  to  restrain  by  His  Royal 
authority  those  disorders  which  evidently  tended  to  the  ruin  of 
the  Fishery.  H.M.,  to  prevent  these  irregularities  and  excesses 
for  the  future,  upon  granting  the  Propriety  of  Newfoundland  to 
several  noblemen  and  others,  ordain'd  that  no  person  should 
plant  or  inhabit  within  six  miles  of  the  sea  shore,  between  Cape 
Race  and  Cape  Bonavista.  (13th  Nov.,  1637.  Vol.  1.  c.  12.) 


414  COLONIAL    PAPERS. 

1718. 

And  that  nothing  might  be  ^wanting  to  encourage  the  Adven- 
turers dilligently  to  attend  to,  and  vigorously  to  prosecute  the 
aforesaid  fishery,  the  Star  Chamber  in  Jan.  1633(4),  adjusted  and 
settled  several  orders  for  the  regulation  and  government  thereof, 
and  on  20th  Feb.  following  H.M.  was  graciously  pleased  to  grant 
a  Charter  to  all  his  subjects,  trading  to  Newfoundland,  according 
to  the  tenor  of  the  said  Orders,  which  was  commonly  called  the 
Western  Charter.  Provisions  of  the  Charter  enumerated.  The 
ancient  customs  and  constitutions  of  the  Fishery,  being  in  this 
manner  confirm'd,  and  the  Magistrates  in  the  Western  Counties 
impower'd  to  put  the  aforesaid  laws  in  execution  the  fishing 
trade  was  again  revived,  and  at  length  by  the  frugal  management 
and  industrious  application  of  the  Adventurers  (notwithstanding 
they  were  frequently  obstructed  and  injured  by  the  Governor 
and  inhabitants  contrary  to  the  conditions  of  the  grant  in  1628 
by  virtue  of  which  they  had  settled  there)  most  of  their  foreign 
competitors  were  constrained  to  abandon  the  said  fishery,  and 
the  European  markets  were  plentifully  supply'd  with  dry  fish, 
by  the  subjects  of  this  Kingdom  at  such  moderate  rates,  as 
promoted  and  secured  its  consumption,  to  the  vast  encourage- 
ment and  encrease  both  of  Navigation  and  Trade.  The  best  and 
exactest  account  of  the  Fishery  under  this  regulation,  that  is  to 
be  found  in  our  Office,  is  a  Representation  of  the  merchants  etc. 
of  the  Western  Ports  (v.  C.S.P.  1674,  No.  362  i.)  wherein  it  is 
asserted  that  about  1644  at  least  270  fishing  ships  were  annually 
employ'd  in  the  Newfoundland  Fishery,  besides  those  that 
supply'd  them  with  salt  etc.,  and  that  carry 'd  their  fish  to  market. 
The  burthen  of  these  270  sail  may  be  computed  21,600  tons,  and 
for  every  100  tons  50  men  and  at  least  10  boats.  To  each  boat 
they  generally  allow'd  5  men,  and  usually  made  200  to  300 
quintals  of  fish  pr.  boat,  which  was  then  sold  in  ye  country  at 
14  to  16  rials,  or  from  7s.  to  8s.  pr.  quintal  etc.  But  the  course 
of  this  success  was  soon  after  interrupted  by  that  unnatural  war, 
which  broke  out  in  this  Kingdom  ;  by  the  measures  that  were 
concerted  and  taken  by  the  Governmt.  in  1650  and  1655  for 
settling  a  Governor  and  Colonies  in  Newfoundland,  by  the  many 
losses  sustained  by  the  Adventurers  during  ye  wars,  first  with 
Holland  and  then  with  Spain,  especially  in  the  latter,  and  by  a 
pernicious  practice  lately  introduced  by  the  masters  and  owners 
of  the  fishing  ships,  of  carrying  to  Newfoundland  by -boat  keepers 
and  their  crews,  and  servants  to  assist  the  inhabitants  in  their 
fishing.  So  that  at  the  time  of  ye  Restauration  of  K.  Charles 
II,  the  Fishery  was  very  inconsiderable.  In  order  therefore  to 
retrieve  and  recover  the  fishing  trade,  H.M.  was  graciously  pleased, 
upon  the  humble  petition  by  the  Western  Adventurers,  by  Letters 
Patents  bearing  date  26th  Jan.,  1660,  to  confirm  the  aforesd. 
Charter,  with  an  additional  clause  to  prevent  ye  transporting  of 
by-boat  keepers  and  servants  (quoted).  But  this  prohibition  not 
being  inf orced  by  proper  penalties  (which  were  now  become  more 
necessary  than  formerly)  it  was  evaded  and  opposed  by  some  of 
the  masters  and  owners  of  fishing  ships,  who  chose  rather  to 
quit  part  of  their  annual  fishery,  by  lessening  the  complements 


AMERICA    AND    WEST    INDIES.  415 

1718. 

of  their  men  and  boats,  than  to  lose  the  advantage  they  made  by 
carrying  of  passengers,  and  by  disposing  of  their  trifling  adventures 
to  ye  inhabitants,  from  whence  several  unhappy  consequences 
ensued,  vizt.  That  the  number  of  the  fishing  ships  and  seamen 
employ'd  in  Newfoundland,  was  considerably  reduced,  and  that 
ye  breeding  up  of  young  men  for  that  service  was  generally 
neglected.  That  the  price  of  fish  in  Newfoundland  was  enhanced 
from  14  or  16  ryals  pr.  quintal  to  about  24,  whereby  the  consump- 
tion thereof  was  lessen 'd  in  all  foreign  ports  (Sir  Josia  Child,  fol. 
206).  That  the  merchants  of  London  were  induced  to  set  up  a 
fishery  in  New  England,  which  has  been  ever  since  carry'd  on  to 
ye  great  discouragemt.  of  the  Adventurers  ;  and  tho  it  may 
possibly  be  a  question,  whether  this  unlucky  management  did 
not  first  prompt  and  encourage  the  French  to  settle  at  Placentia 
in  1662,  yet  'tis  not  to  be  doubted,  but  that  it  contributed  to  the 
establishment  of  their  Fishery,  and  enabled  them  to  supply  not 
only  their  own  markets,  but  to  rival  us  in  Portugal,  Spain  and 
Italy.  However  these  innovations  by  the  remissness  of  some 
and  by  the  contrivance  of  others,  were  not  restrained,  nor  does 
it  appear,  that  any  notice  was  taken  of  the  complaints,  exhibited 
against  those  that  had  violated  the  aforesaid  law  and  constitution, 
until  the  latter  end  of  1663,  when  by  H.M.  command,  circular 
letters  were  wrote  by  the  Lords  of  the  Council  to  the  Mayors 
and  Magistrates  of  the  Western  Corporations,  requiring  them  to 
be  careful  that  the  said  law  should  be  punctually  observed  and 
duly  executed,  and  at  the  same  time  the  Officers  of  ye  Customs 
were  directed  to  charge  all  masters  of  ships  to  observe  and  keep 
the  said  rule  :  But  this  Order  being  likewise  eluded  in  Feb.  1669 
H.M.  in  Council  again  enjoyn'd  the  observance  thereof,  and 
commanded  that  a  return  should  be  made  of  the  names  of  offenders 
and  in  the  mean  time  to  stop  their  proceeding  on  ye  voyage. 
And  whereas  the  Western  Adventurers  had  been  for  some  time 
past  opposing  the  placing  of  Govr.  in  Newfoundland,  which  was 
proposed,  as  absolutely  necessary  to  check  the  encroachments 
of  the  French,  H.M.  on  the  4th  Feb.,  upon  the  report  of  the  Lords 
of  the  Council  for  Foreign  Plantations  rejected  the  said  proposal 
and  thereby  removed  the  fears  and  jealousies,  that  the  Adven- 
turers had  entertained  to  the  great  discouragement  of  the  fishing 
trade.  Nevertheless  the  Fishery  was  so  severely  effected  by  the 
aforesaid  disorders  and  disputes  that  the  merchants,  owners  and 
masters  of  ships  and  inhabitants  of  the  Western  parts  of  this 
Kingdom  adventuring  to  Newfoundland  were  obliged  in  Dec. 
1670  to  petition  H.M.  ;  That  the  said  Fishery  might  be  main- 
tained by  fishing  ships,  according  to  its  ancient  custom,  that 
encroachments  thereupon  might  be  removed,  and  that  the 
Mayors  mentioned  in  their  Patent  might  be  impowered  to  depute 
from  time  to  time  persons  to  execute  the  laws  and  constitution 
of  the  Fishery  etc.  Refer  to  procedure  summarised  C.8.P. 
1670.  Nos.  362  iii.-v.  The  Council  of  Foreign  Plantations  made 
their  report  on  the  2nd  of  March  following,  (C.S.P.  1670.  No.  362 
iv.)  and  offer'd  that  several  new  regulations  be  added  to  the 
Charter,  and  on  the  10th  March,  after  the  said  new  regulations 


416  COLONIAL    PAPERS. 

1718. 

had  been  seriously  considered  by  H.M.  in  Council,  those  that 
related  to  the  Adventurers,  were  all  approved,  except  one, 
whereby  it  was  proposed  :  That  encouragement  might  be  given 
to  the  inhabitants  to  transport  themselves  and  their  families  to 
Jamaica,  St.  Christophers,  or  some  others  of  H.M.  Plantations, 
etc.  But  when  the  Adventurers  found,  that  the  removal  of  the 
inhabitants  from  Newfoundland  could  riot  be  obtained,  they 
seemed  to  be  very  indifferent,  about  renewing  of  ye  Charter,  so 
the  Trade  was  left  to  take  its  course,  and  in  1671  Cap.  Davies 
affirmed  that  "  the  said  trade  was  not  then  by  two  third  parts  so 
good  as  he  remembered  it  "  etc.,  with  which  acct.  the  memorials 
of  the  Adventurers  agree.  In  1674,  the  solicitations  for  a 
Governor  were  again  renewed.  Quote  Report  of  the  Committee 
for  Foreign  Plantations  on  the  progress  of  the  French  and  New 
England  fisheries,  and  the  decay  of  the  Newfoundland  fisheries, 
approving  of  rules  settled  in  Council  10th  March  1670,  but  propos- 
ing the  discouragement  of  any  settling  there,  and  if  no  Colony, 
no  Governor  etc.  (v.  C.S.P.  1675.  No.  550).  Continue  :— On  5th 
May  following  H.M.  in  Council  thought  fit  for  the  several  con- 
siderations in  the  said  Report  mentioned,  to  order  ye  Commander 
of  his  convoy  bound  to  Newfoundland  to  admonish  the  inhabi- 
tants either  to  return  home  or  betake  themselves  to  others  of  his 
Plantations  etc.  (v.  C.S.P.  1675.  No.  550).  And  on  27th  Jan. 
1675  H.M.  passed  the  New  Charter,  which  recited  and  confirmed 
all  the  old  laws,  and  several  others  were  added  for  the  better 
Government  of  the  Fishery,  which  if  they  had  been  as  steadily 
supported  and  executed,  as  they  were  carefully  concerted,  in  all 
probability  the  subjects  of  France  and  the  people  of  New  England, 
had  reaped  very  little  benefit  by  their  fisheries,  and  this  valuable 
branch  of  the  British  trade  had  been  firmly  re-established  and 
secured.  Quote  the  Additional  Regulations  of  the  New  Charter. 
Continue : — Upon  these  encouragements  and  assurances  the 
Western  Adventurers  immediately  returned  to  the  Fishery  and 
employed  in  1675,  105  fishing  ship>s  ;  in  1676,  126  ;  in  1677,  109, 
etc.  (v.  C.S.P.  No.  1175  etc.),  and  in  the  same  years  the  numbers 
of  inhabitants,  besides  women  and  children,  was  planters,  140, 
138,  152,  and  servants,  1250,  943,  1355.  For  notwithstanding 
H.M.  orders  as  aforesaid  they  still  remained  in  the  country. 
However  the  Adventurers  being  encouraged  by  the  Lords  of  the 
Committee  to  put  the  laws  of  the  Charter  in  executions  they 
began  in  1676  to  restrain  the  disorders  of  the  Planters  and  to 
prevent  ye  transportation  of  their  servants  but  upon  the  petition 
of  the  said  planters  in  No  vr.  following  and  the  soli  citation  of  those, 
who  were  either  excited  by  the  hopes  of  procuring  advantages 
for  themselves  or  influenced  by  ye  French,  whose  fishery  must 
have  been  soon  render'd  precarious  if  the  Charter  had  been 
observed,  an  Order  was  obtained  on  18th  May,  1677  that  the 
planters  be  continued  in  possession  of  their  houses  etc.  (v.  C.S.P. 
1677.  No.  256).  The  said  inhabitants  being  flushed  with  this 
success,  the  old  schemes  for  establishing  the  Colony  and  settling 
a  Govr.  were  again  revived,  and  the  necessity  thereof  strenuously 
asserted  by  some  and  opposed  by  others.  Quote  adverse  report  of 


AMERICA    AND    WEST    INDIES.  417 

1718. 

Commrs.  of  Customs,  26th  March,  1680.  Continue : — These 
arguments  had  not  their  due  effect  and  on  18th  April,  1680  it 
was  ordered,  that  H.M.  intentions  to  settle  a  Govr.  and  erect  a 
Fort  in  Newfoundland  for  the  preservation  of  his  sovereignty 
and  good  of  the  fishery,  should  be  signify'd  unto  the  Magistrates 
of  such  towns  in  the  West  of  England,  as  were  chiefly  concerned 
in  that  trade  etc.  The  Western  Corporations  represented  the 
hardships  and  difficulties  they  had  formerly  strugled  with  under 
a  Govr.  in  Newfoundland  and  that  they  apprehended  the  fishing 
trade  wou'd  be  greatly  discouraged  and  prejudiced  if  a  Govr. 
was  settled  there  and  therefore  pray  that  H.M.  Sovereignty  may 
be  maintained  by  ships  of  war  to  be  sent  annually  thither  and 
that  the  Charter  be  enforced  etc.  These  representations  had  so 
much  weight,  that  the  proposals  relating  to  a  Govr.  were  laid 
aside,  but  the  regulations  and  laws  of  the  Charter  being  enervated 
by  these  disputes,  the  fishing  trade  very  sensibly  declined  from 
the  time  that  the  Order  for  removing  the  planters  was  revoked. 
And  in  1682  it  was  reduced  to  32  fishing  ships,  1012  seamen  and 
183  boats  and  in  1684  to  43,  1489  and  294,  tho'  the  inhabitants 
employed  in  the  same  years  299  and  304  boats.  But  this  decay 
of  the  fishing  trade  was  not  the  only  loss  this  Kingdom  sustained 
on  this  occasion,  for  as  Cap.  Jones  one  of  the  Commanders  of  the 
Convoy  in  1682  hath  affirmed,  the  traders  from  New  England  to 
Newfoundland  yearly  made  voyages  for  the  sake  of  spiriting 
away  the  fishermen  ;  so  that  the  Newfoundland  Fishery,  which 
was  formerly  the  great  nursery  for  breeding  up  stout  and  able 
mariners,  was  now  become  a  meer  drain  that  carry 'd  off  very 
many  of  the  best  and  most  useful  of  all  the  British  sailors,  and 
it  is  too  notorious,  that  this  practise  has  prevailed  ever  since. 
Quote  Sir  Francis  Wheler's  report  (C.S.P.  1684.  No.  1907)  as  to 
the  high  wages  paid  by  planters,  their  sale  of  liquor,  and  its  effect 
in  driving  away  the  Western  Adventurers  from  the  Fishery. 
Continue  : — Nor  doth  it  appear  to  us,  that  the  fishing  trade  was 
afterwards,  during  ye  reign  of  K.  James  II  upon  a  better  foot,  or 
that  the  least  care  was  taken  to  remove  the  aforesaid  obstructions, 
(Note  in  margin  :  No  accots.  of  the  Fishery  in  this  reign)  much 
less  to  retrieve  trade,  but  on  the  contrary,  notwithstanding  the 
French  fishery  was  prodigiously  encreased  both  at  Placentia  and 
to  the  northward  of  Cape  Bonavista,  and  that  the  value  of  the 
fish  taken  by  the  English  Adventurers  after  1682  fell  short  of 
the  value  of  what  was  taken  in  1676,  at  least  £100,000  pr.  annum, 
nevertheless  the  subjects  of  this  Kingdom  were  restrained  by  the 
Treaty  of  1686  from  fishing  in  such  places  as  were  held  or  possessed 
by  His  Most  Christian  Majty.  in  America,  which  seems  derogatory 
to  the  Charter,  and  to  the  Statute  of  15  Car.  II.  c.  16,  whereby 
several  regulations  are  prescribed  and  ordained  to  be  observed 
in  any  of  the  harbours  in  Newfoundland.  Moreover  the  war  in 
1689  still  added  to  ye  misfortunes  of  the  said  trade,  not  only  as  it 
was  thereby  rendered  impracticable  to  pursue  such  measures,  as 
were  necessary  to  reform  ye  aforesaid  disorders  and  mismanage- 
ment, but  from  the  difficulties  and  hazards  that  unavoidably 
attended  the  Adventurers  in  prosecuting  the  same,  however  they 

Wt.  441.  C.P.  27. 


418  COLONIAL    PAPERS. 

1718. 

employ'd  every  year  some  ships,  more  or  less,  as  they  could  obtain 
protection  for  their  men,  and  the  inhabitants  maintain'd  (as 
formerly)  about  300  boats  pr.  annum  until  the  French  in  1696, 
without  any  regard  to  what  was  stipulated  by  the  18th  Article 
in  the  Treaty  of  1686,  ravaged  several  of  the  harbours  in  Newfound- 
land and  destroy 'd  all  that  appertained  to  ye  fishermen  ;  Where- 
upon his  late  Majesty  King  William  the  3rd  erected  a  fort  at  St. 
Johns,  for  the  better  security  and  protection  of  his  subjects  and 
their  trade.  But  upon  the  conclusion  of  the  Peace  at  Ryswick, 
the  Adventurers,  either  forgetting  the  difficulties  their  predecessors 
were  not  able  to  surmount,  or  imagining  that  the  inhabitants  by 
reason  of  the  severe  losses  they  had  lately  suffered  were  rendered 
incapable  of  carrying  on  the  Fishery,  or  else  very  probably 
adhering  (for  their  own  private  ends)  to  the  practise  of  those 
refractory  masters  of  ships,  who  could  not  be  restrained  from 
transporting  passengers,  they  reassumed  and  returned  to  their 
old  trade  with  fresh  vigour.  And  in  1698  there  were  imploy'd 
by  the  Adventurers  143  fishing  ships  and  532  boats,  and  by  the 
inhabitants  and  by  boat  keepers  397  boats.  In  all  929  boats  who 
took  265,198  quintals  of  fish.  The  Fishery  at  Newfoundd. 
being  thus  revived,  etc.  the  Act  to  encourage  the  Trade  to  Newfound- 
land was  passed.  Abstract  given.  Upon  which,  and  the  success 
of  the  Fishery  in  the  last  year  the  Adventurers,  by-boat  keepers 
and  inhabitants  apply 'd  themselves  very  earnestly  to  the  Fishery, 
and  there  was  imploy'd  by  the  Adventurers  in  1699,  fishing  ships, 
168,  boats  669,  and  in  1700  fishing  ships  171,  boats,  800  ;  and  by 
by-boat  keepers,  in  1699,  115  boats,  in  1700,  90  boats  ;  and  by  the 
inhabitants,  in  1699,  457  boats,  in  1700,  674  boats.  But  as  this 
Act  had  not  that  good  effect  which  the  Adventurers  expected, 
they  were  from  this  time  forwards  constrained  to  give  place  to 
the  inhabitants,  for  in  1701,  the  fishery  of  the  Adventurers  was 
reduced  to  75  fishing  ships  and  338  boats.  Whereas  there  was 
then  kept  by  the  by-boatmen  97  boats,  and  by  the  inhabitants 
558  boats.  Quote  figures  during  the  war,  1702 — 1712,  shewing 
average  of  41  ships  per  annum  and  1713 — 1716,  an  average  of  86 
ships  and  324  boats,  and  177  by-boats  and  381  inhabitants'  boats 
(v.  C.S.P.  1702 — 1716).  According  to  the  preceding  accounts  of 
the  Fishery  it  may  be  asserted  : — that  the  Western  Adventurers 
in  1615  whilst  the  trade  was  open  and  free  to  all  strangers  employ'd 
1250  fishing  ships'  boats.  About  1694,  when  ye  Colony  was  in  a 
manner  deserted,  and  the  foreigners  fairly  driven  out  of  the 
trade,  at  least,  2160.  Before  1660,  and  for  several  years  after, 
it  was  generally  agreed  that  ye  Fishery  was  reduced  by  divers 
misfortunes  and  evil  practises,  to  less  than  one  third  part,  or 
720.  Upon  restraining  the  transportation  of  passengers  by  the 
New  Charter,  and  enjoyning  the  planters  to  remove  by  a  special 
order,  the  trade  began  to  revive  again  in  1676,  and  maintain'd 
894  fishing  ships'  boats,  206  by-boats  and  inhabitants'  boats. 
Upon  the  revocation  of  the  said  Order  and  the  design  to  settle  a 
Governor,  a  full  stop  was  put  to  the  increase  of  the  Trade,  and 
in  1684  it  sunk  to  294  and  304  respectively.  And  it  is  computed 
that  it  continued  (communibus  annis)  near  upon  the  same  foot, 


AMERICA    AND    WEST    INDIES.  419 

1718. 

from  that  time  to  the  conclusion  of  the  Peace  at  Ryswick  in  1697. 
In  the  three  following  years  there  was  annually  employ'd  in  a 
medium  677  fishing  ships'  boats,  577  by-boats  and  inhabitants' 
boats.  But  in  1701,  the  Adventurers  being  discouraged,  the 
trade  fell  off,  to  338  and  655  respectively.  Afterwards  during 
the  war  1701 — 1712,  it  was  carryed  on,  communibus  annis,  by  no 
more  than  120  and  300  respectively.  And  on  a  medium  of  four 
years  from  the  conclusion  of  the  Peace,  by  324  and  558  respec- 
tively. So  that  the  difference  between  the  Fishery  in  1644  and 
since  the  present  Peace  may  be  computed  as  follows  : — In  1644 
the  Adventurers  employ'd  2160  boats,  and  by  the  great  industry 
of  the  fishermen,  there  was  seldom  less  taken  than  250  quintals 
of  fish  pr.  boat.  In  all  quintals  540,000  pr.  annum  which  pro- 
duced about  3375  tons  of  train  oyle,  at  one  hhd.  for  40  quintals  ; 
And  since  the  Peace  the  Adventurers,  by-boatmen  and  inhabitants 
have  employ'd  comm.  annis  882  boats  ;  and  have  taken  95,424 
quintals  of  fish,  that  is  108  quintals  pr.  boat  and  365J  tons  of 
train  oyle  at  one  hhd.  pr.  64  quintals.  Consequently  therefore 
the  quantity  of  fish  taken  in  1644,  and  about  that  time  exceeded 
what  has  been  taken  since  ye  Peace  444,576  quintals  pr.  annum, 
which  at  8s.  pr.  quintal  amounts  to  £177,830  Os.  Qd.,  and  of  train 
oyle  3009 J  tons,  which  at  £12  pr.  ton  amounts  to  £36, 114.  Freight 
for  said  fish  to  Europe  —  £100,029.  Lost  annually  to  England 
by  the  decay  of  the  trade,  £313,973.  Not  including  in  this  account 
what  was  gained  by  the  merchants  upon  the  sale  thereof  in  foreign 
markets,  nor  what  was  paid  for  provision,  strong  liquors  etc.  to 
New  England  and  other  places.  It  is  therefore  very  apparent, 
that  the  Fishery  at  Newfoundland  from  its  first  establishment 
has  either  flourished  or  languished,  according  as  the  inhabitants 
have  been  discouraged  or  incouraged.  That  the  principal 
obstructions  which  have  attended  that  trade  since  the  reign  of 
King  Charles  I,  when  it  was  at  the  greatest  height  (exclusive  of 
those  that  proceeded  from  the  wars  this  Kingdom  has  been 
engaged  in)  are  intirely  owing  to  the  project  for  carrying  on  the 
said  trade  by  a  Colony  of  fishermen,  in  opposition  to  the  fishing 
ships  belonging  to  the  Adventurers.  That  the  first  immediate 
cause  of  the  decay  of  the  fishing  trade  and  of  the  disorders  that 
have  depressed  it  ever  since,  was  from  the  encouragement  that  was 
given  to  the  transportation  of  passengers,  by  appointing  a 
Governor  in  1650,  and  by  granting  a  patent  to  Sir  David  Kirk 
etc.  in  1655.  That  the  pernicious  consequences,  which  evidently 
ensued  upon  the  diverting  the  course  of  the  Fishery  into  this  new 
Channel,  were  the  only  motives  that  induced  K.  Charles  II  (after 
every  circumstance,  relating  to  the  Trade  had  been  strictly 
examined  and  seriously  considered)  to  order  the  Commander  of 
the  convoy  in  1675  to  admonish  the  planters  to  return  home, 
and  to  grant  in  the  same  year  a  New  Charter,  which  provided 
and  guarded  against  every  inconveniency  and  abuse  that  had 
interrupted  the  Adventurers  in  the  prosecution  of  their  fishing 
trade.  That  when  these  regulations  were  settled  there  was  a 
fair  prospect  of  retrieving  and  reviving  the  trade,  but  that  the 
indulgence  shewn  to  the  planters  in  1077,  by  permitting  them  to 


420  COLONIAL    PAPERS. 

1718. 

remain  in  the  country,  rendred  the  Charter  ineffectual,  reduced 
the  Fishery  to  the  lowest  ebb  and  favoured  both  the  French  and 
New  Englanders  in  carrying  on  their  fishing  trade.  And  that 
the  unhappy  state  of  the  trade  from  that  time  to  this  (which  is 
upwards  of  40  years)  is  an  undeniable  argument,  that  it  cannot 
flourish  under  the  present  regulations,  which  will  be  farther 
demonstrated  by  examining  and  comparing  the  rules  and  methods 
that  were  formerly  observed  by  the  Western  Adventurers,  with 
the  extravagant  and  irregular  measures  and  practises  that  of  late 
years  have  been  introduced,  and  pursued  in  the  management  of 
the  Fishery.  For  instance,  Before  the  fishing  ships  became  trans- 
ports to  the  planters  and  by-boat-keepers,  the  usual  complement 
of  a  ship  containing  100  tons  fitted  out  for  a  fishing  voyage,  was 
50  men  and  10  boats,  and  this  practise  was  continued  until  1677, 
in  which  year  according  to  Sir  Wm.  Poole's  accounts,  there  were 
employed  in  the  fishery  109  fishing  ships  containing  9035  tons 
and  4475  men,  which  amounted  to  upwards  of  49  men  for  every 
100  tons,  but  upon  a  medium  of  4  years,  since  the  Peace  of 
Utrecht,  the  86  fishing  ships  annually  employ 'd  contained  9010 
tons  and  but  1839  men,  which  is  little  more  than  20  men  for 
every  100  tons  ;  The  present  Adventurers  have  therefore  annually 
wanted  2666  men  to  compleat  the  number  their  predecessors 
maintained  formerly  on  the  same  tonnage  ;  and  had  their  ships 
been  fully  manned  the  aforesaid  2666  men  would  have  taken  to 
the  value  of  at  least  £20  each,  that  is  in  the  whole  £53,320  pr. 
annum  over  and  above  what  they  have  now  gained,  and  what- 
soever, is  taken  by  the  Fishing  ships  entirely  belongs  to,  and  is 
a  certain  addition  to  the  stock  of  your  Majesty's  subjects  residing 
in  this  Kingdom.  Whereas  all  the  advantages  that  the  inhabi- 
tants enjoy  at  present  by  the  Fishery  (unless  the  season  proves 
exceeding  favourable)  never  answers  their  charge  ;  for  as  they  are 
in  general  very  idle,  indigent  and  necessitous,  they  are  always 
indebted  and  enslav'd  to  the  traders  from  New  England,  and 
other  parts,  by  whom  they  are  supply'd  with  provisions  for  their 
subsistance,  and  with  vast  quantities  of  strong  liquors,  molosses 
and  tobacco  for  sale,  and  many  of  them  not  having  wherewithal 
to  satisfy  their  said  creditors  ;  they  are  in  course  stript  of  all 
they  have  taken,  before  the  Fishery  is  well  over  and  the  rest, 
when  their  debts  are  discharged  have  seldom  enough  left  to  secure 
a  sufficient  stock  for  their  own  and  their  servants  support  and 
debaucheries  in  the  winter  ;  so  that  New  England  reaps  all  ye 
fruit  of  their  labour,  except  what  is  paid  for  the  passage  of  their 
servants,  and  for  the  goods,  that  are  exported  from  Great  Britain 
for  their  consumption.  How  much  the  transportation  of  their 
servants  out  and  home,  may  amount  to,  is  uncertain  :  but  since 
few  return  from  thence,  we  compute  it  cannot  exceed  £4,500. 
And  the  value  of  the  goods  exported  thither,  according  to  the 
Custom  House  Accots.,  upon  a  medium  of  three  years,  after  the 
present  Peace,  was  £8133.  Another  instance  of  the  prejudice 
that  Great  Britain  receives  by  the  inhabitants  of  Newfoundland, 
is  from  their  abuse  of  that  liberty  which  is  given  them  to  trans- 
port servants  to  assist  them  in  carrying  on  their  fishery.  For 


AMERICA  AND  WEST  INDIES.  421 

1718. 

in  1677  and  1701  the  number  of  the  inhabitants  and  their  men 
servants  amounted  to  1507  and  2159,  and  they  maintained  337 
and  558  boats.     Which  in  the  first  year  falls  short  of  men  4J,  and 
in  the  last  year  of  4  men  to  each  boat.     But  in  1715  and  1716  the 
number  of  inhabitants  was  3153  and  2611,  and  they  maintained, 
only  464  and  408  boats.     Which  being  after  the  rate  of  6jJ  meii 
to  every  boat  it  necessarily  follows,  they  were  supply 'd  in  1715 
and  1716  with  920  men  pr.  annum  more  than  they  would  have 
employ'd  in  the  same  number  of  boats,  according  to  their  manage- 
ment in  1677  ;  and  since  the  fishing  ships  in  proportion  to  their 
men,  have  taken  a  greater  quantity  of  fish,  than  was  taken  at 
the  same  time  by  the  inhabitants,  and  that  in  1716  servants  were 
so  scarce  in  Newfoundland,  that  they  were  forced  to  give  £18  to 
£20  pr.  man  for  the  fishing  season  ;  it  can  never  be  pretended  that 
the  said  920  Supernumeraries  were  employed  in  the  fishery  ; 
But  it  manifestly  confirms  the  truth  of  all  those  complaints,  that 
have  been  made  for  upwards  of  40  years  past,  that  the  New 
Englanders  by  ye  assistance  of  the  planters  of  Newfoundland 
have  carried  away  every  year  from  thence  as  many  of  the  English 
fishermen,  as  they  could  perswade  or  seduce  to  proceed  with  them  ; 
By   which    means   they   have   established   a   very   considerable 
Navigation,  and  gained  a  fishery  on  their  own  coast,  which  at 
present  is  probably  superiour  to  that  at  Newfoundland  ;  moreover 
it  will  serve  to  justify  and  support  what  Capn.  Passenger  has 
advised  us  (v.  1st  Oct.).     From  hence  therefore  it  plainly  appears, 
that  the  Navigation  of  this  Kingdom  has  suffered  exceedingly 
ever  since  the  transportation  of  passengers  to  Newfoundland  has 
been  connived  at,  and  there  can  be  no  doubt  but  that  it  has  been 
one  of  the  principal  causes  of  the  want  of  seamen  for  your 
Majesty's  service.     The  next  irregular  and  pernicious  practise 
of  the  inhabitants,  that  must  be  taken  notice  of,  is,  their  retaling 
of  rum  and  other  strong  liquors  among  the  fishermen.     That  the 
Fishery  was  severely  affected  by  the  unhappy  consequences  of 
this  practise  soon  after  the  first  planters  were  settled  in  Newfound- 
land, is  apparent  from  the  Charter  of  K.  Charles  I,  whereby  it  is 
ordained  in  the  10th  Article  "  That  no  person  shall  set  up  any 
tavern  for  selling  of  wine,  beer  etc.  to  entertain  the  fishermen, 
etc."     And  it  is  certain  that  ye  flourishing  state  of  the  fishing 
trade,  during  the  aforesd.  reign,  was  in  a  great  measure  owing  to 
this  wholesome  prohibition  ;  For  as  long  as  it  was  maintained,  so 
long  the  trade  prospered,  and  it  was  no  sooner  dispensed  with, 
but  the  trade  sensibly  declined,  and  altho'  the  planters  were 
afterwards  kept  in  awe  for  some  time  by  the  Charters,  that  were 
granted  by  K.  Charles  II  which  confirmed  the  said  prohibition, 
nevertheless  when  that  difficulty  was  surmounted,  and  they  were 
at  liberty  to  pursue  their  own  measures,  the  Fishery  immediately 
languished,  nor  has  it  render'd  to  this  Kingdom,  from  that  time, 
above  one  third  part  of  the  profit,  that  was  formerly  enjoy'd 
thereby,  excepting  only  after  the  conclusion  of  the  Peace  at 
Ryswick,  when  for  three  years  the  fishing  trade  was  vigourously 
carried  on  in  hopes  that  the  said  Peace  would  have  favoured  the 


422  COLONIAL    PAPERS. 

1718 

consumption  of  their  fish  in  foreign  parts,  and  that  the  settling 
of  the  trade  by  an  Act  of  Parliament,  would  have  effectually 
prevented  all  abuses  and  disorders,  and  restored  good  order  and 
government  in  the  Fishery  ;  But  the  said  Act  having  only 
restrained  the  inhabitants,  who  keep  public  houses  from  selling 
upon  the  Lord's 'Day  or  Sunday,  any  liquors  whatsoever,  and 
without  imposing  any  penalty  upon  the  transgressors,  even  upon 
that  day  ;  Newfoundland  is  now  become  a  perfect  scene  of 
drunkeness  and  debauchery  ;  nor  can  it  be  otherwise,  whilst 
such  vast  quantities  of  rum  and  strong  liquors,  tobacco  and  other 
stores  are  annually  imported  from  New  England,  the  Leeward 
Islands  and  other  places,  and  that  the  inhabitants  who  carry 
on  their  fishing  trade  at  a  much  greater  charge  than  the  fishing 
ships,  and  are  under  the  necessity  of  selling  their  fish  at  the  same 
price,  have  no  other  way  to  reduce  the  price  thereof,  but  by  what 
they  gain  upon  the  sale  of  their  said  liquors  to  the  poor  fishermen, 
who  being  always  too  prone  to  drink,  are  easily  drawn  into 
debaucheries  and  excesses,  until  they  have  profusely  expended 
and  consumed,  all  or  at  least  a  large  part  of  their  wages,  to  the 
great  prejudice  of  their  families  ;  and  as  this  has  been  always 
justly  resented,  as  an  intolerable  abuse  and  burthen,  so  the 
disorders,  that  naturally  arise  from  the  said  debaucheries  have 
obstructed  the  trade  by  discouraging  the  masters  and  owners 
of  the  fishing  ships  from  engaging  in  these  voyages,  it  being 
evident,  that  the  fishermen  are  become  negligent  and  careless  in 
their  employment,  that  they  are  hereby  render'd  unfit  for  their 
labour,  that  they  are  often  refractory  and  ungovernable,  and 
that  to  support  their  extravagancies,  they  are  guilty  of  many 
embezlements  and  thefts,  which  are  difficulties  that  are  insuper- 
able in  a  fishing  voyage,  the  success  whereof  absolutely  depends 
upon  the  utmost  care  and  frugality  of  the  master,  and  the 
diligence  and  hard  labour  of  the  fishermen,  especially  when  they 
are  to  contend  with  a  foreign  rival,  who  cherishes  industry  and 
crushes  every  irregularity,  that  increases  the  charge  of  their 
Fishery.  Neither  are  these  the  only  hardships  under  which  the 
fishing  ships  labour,  for  upon  their  fitting  out,  the  best  and 
ablest  fishermen  generally  decline  serving  in  them,  until  the 
boat-keepers  .have  their  full  compliments,  the  boat-keepers  crews 
being  exempted  from  working  on  board  ship  in  their  passage  and 
in  Newfoundland,  when  bad  weather  hinders  their  attendance  on 
the  Fishery.  And  whereas  the  said  by -boat-keepers  always 
take  their  passage  on  the  earliest  ships  and  best  sailers,  the  Fishing 
Admirals  under  the  pretence  of  their  being  freighters  of  ships  put 
them  in  possession  of  the  best  and  most  convenient  places  by  the 
waterside,  to  the  great  prejudice  and  discouragement  of  the  later 
ships,  whose  masters  have  been  frequently  constrained  to  hire 
both  stages  and  room  from  the  said  boat-keepers  and  obliged  to 
carry  their  fish  so  far  backward,  that  they  could  not  avoid 
allowing  one  man  extraordinary  to  each  boat.  Moreover  since 
it  is  now  customary  for  many  of  the  by-boat-keepers  to  remain 
every  winter  in  the  country,  to  secure  their  stages  and  rooms 
against  the  next  fishing  season,  and  that  the  aforesaid  Act  of 


AMERICA   AND   WEST   INDIES.  423 

1718. 

10th  and  llth  William  III  has  provided,  "  That  all  such  persons 
as  since  25th  March  1685  have  built  e/c.  or  hereafter  shall  build 
any  houses,  stages  etc.  for  fishing  there  etc.,  may  peacefully  enjoy 
the  same  etc."  It  is  found  by  experience,  that  the  fishing  shipping, 
which  was  employ'd  in  the  Fishery,  about  the  time  K.  Charles  11. 
granted  his  second  Charter,  cannot  be  now  accommodated  as 
formerly,  in  the  principal  harbours  where  the  planters  generally 
remain.  For  the  number  of  those  ships  being  reduced  some 
years  before  1685,  to  one  third  part  or  thereabouts  of  the  number 
that  was  annually  imploy'd  in  1675,  1676  and  1677,  and  the  trade 
continuing  near  upon  the  same  foot  from  1685  to  the  time  the 
said  Act  was  under  consideration,  the  said  ships  neither  did,  nor 
could  occupy  in  that  interval  more  than  one  third  part  of  the 
stages  and  rooms,  which  had  been  in  the  possession  of  the  fishing 
ships  in  the  aforesaid  three  years  ;  and  without  doubt  the  rest 
were  either  decay 'd  or  destroy 'd  in  their  absence.  But  the 
inhabitants  having  built,  cut  out  and  made  since  1685,  several 
houses,  stages,  trainfats  etc.  in  the  same  places  where  the  other 
two  third  parts  of  the  fishing  ships'  rooms  and  stages  were 
formerly  erected  and  fix'd  ;  the  fishihg  ships  are  deprived  by  ye 
Act,  of  the  right  they  had  to  ye  said  places  :  Wheresoever  there- 
fore they  shall  be  again  encouraged  to  return  to  the  Fishery,  they 
will  be  obliged  to  hire  their  conveniencies  of  the  planters  in  the  same 
manner  as  in  1698,  in  which  year  according  to  the  accounts 
transmitted  by  Sir  John  Norris  they  paid  from  5  to  £15.pr.  boat, 
which  must  be  assigned  for  one  of  the  reasons  why  they  quited 
the  fishing  trade  so  soon  after  the  Act  passed,  and  why  they  have 
declined  it  ever  since.  Nevertheless  as  the  said  Act  has  directed 
by  a  preceding  clause,  that  those  who  had  detained  after  1685, 
any  beach  or  other  places  for  curing,  drying  or  husbanding  of 
fish,  which  before  that  time  belonged  to  the  fishing  ships,  should 
relinquish  the  same,  to  the  publick  use  of  the  fishing  ships  arriving 
there,  it  cannot  be  imagined,  that  the  aforesaid  proviso  was 
intended  to  abridge  them  of  so  great  and  necessary  a  privilege, 
much  less  to  permit  the  planters  to  possess  more  flakes  and  beach , 
than  they  actually  want  for  curing  and  drying  their  fish  in 
proportion  to  the  number  of  boats  they  imploy,  or  to  extend  their 
flakes  and  huts  by  the  waterside  or  behind  those  of  the  fishing 
ships,  contrary  to  ye  ancient  custom  of  the  fishery.  It  must  be 
remarked,  that  notwithstanding  Placentia  and  several  other 
places  lately  possessed  by  the  French  in  Newfoundland,  were 
surrendred  to  Great  Britain  in  compliance  with  the  Treaty  of 
Utrecht,  the  fishing  ships  enjoy  no  other  advantage  thereby, 
than  by  fishing  at  the  Island  of  St.  Peters,  the  stages,  beaches, 
etc.  at  Placentia  and  in  those  parts,  being  engrossed  by  some  of 
your  Majesty's  subjects  inhabiting  there.  For  altho'  the  French 
by  the  14th  Article  of  the  said  Treaty,  were  only  allowed  to 
remove  with  their  movable  effects  ;  yet  her  late  Majesty  by  her 
letter  of  23rd  June,  1713,  to  Col.  Nicholson,  having  permitted 
them  to  dispose  of  their  houses,  beaches  and  other  immoveables, 
they  were  bought  up  by  particular  persons  in  hopes  of  letting  them 
out  annually  to  the  fishermen,  which  has  effectually  discouraged 


424  COLONIAL    PAPERS. 

1718. 

the  fishing  trade  in  that  part  of  the  country.     To  which  may  be 
added,  that  the  importation  of  wine  and  all  other  necessaries 
(except  salt)  for  the  fishery  by  the  ships,  which  proceed  to  New- 
foundland, from  Portugal,  Spain  and  other  foreign  parts,  is  a 
discouragement  to  the  Adventurers  in  general,  whose  ships  are 
victualed  and  stores  provided  in  this  Kingdom.     Nor  can  we 
conclude,  without  taking  notice,  that  we  have  lately  received 
letters  from  your  Majesty's  Consuls,  and  the  merchants  residing 
in  Spain,  Portugal  and  Italy,  that  the  fish  brought  to  those  markets 
from  Newfoundland,  for  some  years  past,  has  been  for  the  most 
part  so  very  ill  cured,  that  the  consumption  thereof  is  greatly 
abated,  and  that  the  trade  is  in  danger  of  being  thereby  lost. 
Upon  the  whole  therefore,  We  most  humbely  crave  leave  to  offer 
it  as  our  opinion  to  your  Majesty,  that  this  important  Fishery 
can  never  be  revived  or  restored  to  its  former  flourishing  state 
and  condition  until  it  be  again  wholly  carried  on  by  fishing  ships, 
according  to  its  ancient  custom,  and  regulated  by  laws  agreeable 
thereunto.     And  that  the  most  effectual  method  to  remove  all 
the  aforementioned  obstructions,  and  to  restrain  the  irregularities 
and  disorders  of  the  fishermen  as  well  as  to  encourage  ye  Adven- 
turers to  return  to  their  employ mt.  would  be  to  remove  the 
inhabitants  or  planters  to  Nova  Scotia,  or  to  some  other  of  your 
Majesty's    Plantations    in    America.     Nevertheless,    least    this 
should  be  esteemed  a  hardship  on  such  of  the  inhabitants  as  have 
erected  houses  or  made  any  other  conveniencies  for  their  fishing 
in  Newfoundland  under  ye  encouragemt.  which  seems  to  have 
been  given  them  by  the  Act  of  the  10th  and  llth  Gul.  Ill,  we 
shall  shortly  beg  leave  to  offer  to  your  Majesty  some  heads  of  a 
Bill  for  remedying  the  difficulties  and  abuses  the  said  fishing 
trade  doth  at  present  labour  under,  to  the  great  prejudice  of  your 
Majesty's  British  Dominions.     [C.O.  195,  6.    pp.  416-464.] 

Dec.  22.  799.  Lt.  Governor  Spotswood  to  Governor  the  Earl  of 
Virginia.  Orkney.  The  enclosed  Address,  Articles,  etc.  will  lay  open  the 
unreasonable  conduct  of  my  adversaries  etc.  What  single 
instance  do  they  give  of  the  many  hardships  which  they  say  I 
daily  exercise  upon  the  people  ?  Certainly  if  here  had  been  any 
grounds  for  this  accusation,  the  new  humour  of  sending  no 
grievances  to  the  Assembly  could  never  have  prevailed  so  univer- 
sally throughout  all  the  countys,  as  it  has  most  remarkably  done 
at  this  juncture  etc.  Proposes  to  send  over  a  full  answer  to  all 
the  charges  against  him.  The  chief  contrivers  of  this  plot  against 
him,  tho'  behind  the  curtain,  are  Mr.  Commissary  Blair  and  Mr. 
Ludwell ;  the  first  by  his  brother,  and  ye  other  by  his  son  in  law 
(Grimes)  dictating  to  the  cabal  of  malecontents  among  the 
Burgesses  all  the  measures  they  would  have  the  house  take  to 
affront  and  thwart  him.  These  two  Burgesses  (Blair  and  Grymes) 
are  noted  for  the  most  violent  men  in  the  house  etc.  Continues : — 
When  I  before  gave  your  Lordship  an  account  of  the  Spring  Session, 
I  informed  you  of  what  Grimes  had  moved  both  in  his  county  and 
in  the  House,  for  ye  removal  of  yr.  Lordship,  and  how  tenaciously 
he  has  pursued  those  endeavors,  is  now  manifested  by  the 


AMERICA   AND   WEST   INDIES.  425 

1718. 

enclosed  Address  ;  the  penman  whereof  everybody  here  concludes 
to  be  the  Commissary.  When  there  was  lately  a  stiff  debate  in 
Council  about  allowing  an  article  in  the  Book  of  Claims,  for 
giving  Mr.  Byrd  £300  to  present  and  solicit  ye  Address,  I  asked 
Mr.  Commissary  whether  he  would  declare  himself  to  be  so  much 
your  enemy  as  to  vote  for  paying  a  solicitor  to  get  your  Lordship 
removed  ;  nevertheless  he  violently  argued,  and  gave  his  vote 
for  paying  that  sum.  Presses  him  to  exert  his  intrest  to  check 
these  turbulent  spirits  etc.  I  know  Byrd's  advice  from  London 
is  :  "  Furnish  me  only  with  a  complaint  that  carries  but  the  face 
of  a  grievance  from  ye  Assembly,  I  will  weary  out  the  Ministry 
here  with  it,  until  I  gain  my  ends  in  removing  him  "  etc.  A 
victory  for  this  hereditary  faction  of  designing  men  would  raise 
them  to  an  insulting  hight  of  power  etc.  I  take  ye  power,  intrest 
and  reputation  of  the  King's  Governor  in  this  Dominion  to  be 
now  reduced  to  a  desparate  gasp,  and  if  the  present  efforts  of 
the  country  cannot  add  new  vigour  to  the  same,  then  the  haughti- 
ness of  a  Carter,  the  hypocrisy  of  a  Blair,  the  inveteracy  of  a 
Ludwell,  ye  brutishness  of  a  Smith,  the  malice  of  a  Byrd,  the 
conceitedness  of  a  Grymes,  and  the  scurrility  of  a  Cor  bin,  with 
about  a  score  of  base  disloyalists  and  ungrateful  Creolians  for 
their  adherents,  must  for  the  future  rule  this  Province.  What 
I  mean  by  the  present  efforts  of  ye  country  is,  that  the  Counties 
have  of  themselves  begun  to  address  me,  in  order  to  testify  the 
general  easiness  of  the  Country  under  my  administration,  and 
to  protest  against  the  late  proceedings  of  their  Representatives. 
Urges  him  to  use  his  intrest  that  the  one  family  faction  may  not 
procure  another  voter  in  the  Council  in  the  room  of  Mr.  Berkley, 
recommending  Mr.  Cole  Diggs  etc.,  and  opposing  the  reinstating 
of  Mr.  Porteous  :  "for  when  I  called  that  person  to  Council,  I 
was  strangly  imposed  upon,  not  knowing  the  affinity  and  attach- 
ment he  had  to  the  Family,  and  taking  his  character  from  them  " 
etc.  Signed,  A.  Spotswood.  Endorsed,  Reed,  from  my  Ld. 
Orkney  24th  March,  Read  10th  April,  1719.  Copy.  7  pp.  [C.O. 
5,  1318.  No.  59.] 

Dec.  22.  800.  Same  to  the  Council  of  Trade  and  Plantations.  Having 
Virginia,  long  struggled  with  a  sett  of  men  here,  whose  designs  for  many 
years  have  been  to  engross  into  their  own  hands  the  whole  power 
of  the  Government  and  to  forme  a  new  plan  thereof  according  to 
their  own  caprice,  but  directly  opposite  to  the  interest  of  their 
Soveraigri,  as  well  as  of  their  Mother  Country  ;  It  is  no  wonder 
that  I  now  share  with  the  rest  of  my  predecessors,  the  effects 
of  their  resentment :  it  being  too  well  known  for  these  thirty 
years  past,  that  no  Governor  has  longer  escaped  being  vilifyed 
and  aspersed  here,  and  misrepresented  at  home,  than  he  began 
to  discover  the  intrigues  and  thwart  the  politicks  of  this  formid- 
able party,  etc.  Thus  a  Governors  asserting  the  undoubted 
prerogative  of  the  Crown  in  the  nomination  of  Judges,  is  in  the 
language  of  these  men,  a  subversion  of  the  Constitution  ;  and  his 
endeavours  to  obtain  a  just  payment  of  the  Kings  Rents  a  depriv- 
ing the  people  of  their  ancient  rights  and  priviledges,  and  by  such 


426  COLONIAL  PAPERS. 

1718. 

false  glosses  the  ignorant  are  imposed  on  to  believe,  and  the 
knavish  encouraged  to  hope  for  mighty  liberty s  and  advantages  by 
adhering  to  this  Party,  and  chusing  such  Representatives  as  are 
agreable  to  them.  But  notwithstanding  these  and  many  other 
artifices  to  foment  dissatisfactions  among  the  people,  the  Country 
in  general  is  so  sensible  of  its  present  happiness,  that  with  all 
the  industry  of  the  Party,  not  one  grievance  came  to  the  Assembly 
which  mett  here  on  the  llth  of  last  month  ;  and  indeed  if  ever 
any  people  had  reason  to  be  easy  under  a  nourishing  trade  and 
moderate  taxes,  an  exuberant  Treasury,  and  a  profound  Peace, 
it  is  certain  those  of  Virginia  ought  to  be  so.  Under  these  happy 
circumstances  this  last  Session  of  Assembly  mett,  and  as  the 
peaceable  state  of  the  country  gave  me  no  occasion  to  demand 
anything  in  behalf  of  the  Government,  everyone  expected  the 
Burgesses  had  nothing  else  to  do,  but  to  call  for  the  few  bills 
which  remained  unfinished  at  their  former  Session,  and  to  lay 
the  levy  for  discharging  the  publick  creditors  :  but  instead  of 
proceeding  on  any  of  their  bills  that  lay  before  them,  the  first 
business  they  went  upon  was  to  re-enact  a  law  which  H.M.  had 
very  lately  repealed  viz.  that  declaring  who  shal  not  bear  office 
in  this  Country.  This  bill  brought  in  by  Mr.  Grymes  the  Deputy 
Auditor,  soon  passed  the  Burgesses  without  removing  the  very 
objection  for  which  it  was  formerly  repealed  ;  and  being  sent  to 
the  Council  found  as  easy  a  passage  there,  tho  not  without-  the 
opposition  of  some  of  that  Board  and  particularly  Collo.  Jenings, 
who  having  been  at  yor.  Lordps.  Board,  when  the  repeal  was  under 
deliberation,  argued  for  leaving  out  those  parts  agt.  which  your 
Lordps.  took  exception  ;  but  all  objections  were  in  vain,  the 
avowd  design  of  this  bill  being  to  exclude  from  offices,  all  persons 
recommended  from  England.  The  reasonableness  of  this  sett 
of  Councelors,  will  further  appear  by  the  inclosed  Minuts  of 
Council,  wherein  they  advise  me  to  pass  this  bill,  notwithstanding 
the  many  just  exceptions  I  represented  it  lyable  to.  After 
passing  this  bill  and  one  other  which  I  shal  mention  hereafter,  the 
Burgesses  seem'd  inclined  to  no  other  business.  All  petitions 
brought  before  them,  were  immediatly  referred  to  the  next 
Assembly,  and  their  Grand  Committee  converted  into  a  trifling 
Office  of  Enquiry  into  the  Capitol  furniture  ;  in  which  they  spent 
five  or  six  days  at  the  expence  of  £400  to  their  country  to  examine 
into  the  state  of  a  few  old  chairs  and  sconces  of  less  than  £50  value. 
When  many  of  the  more  sensible  members  of  that  House,  tired 
out  with  these  amusements  were  return'd  home,  as  apprehending 
no  business  of  moment  would  be  brought  in,  and  others  believing 
their  presence  unnecessary,  were  gone  to  take  the  diversion  of  a 
horse  race  near  the  town,  the  Party  managers  watched  that 
opportunity  to  bring  in  an  Address  to  the  King,  with  a  long  roll 
of  Articles  ;  in  the  first  charging  me  in  general  with  subverting 
the  Constitution  of  their  Government,  depriving  them  of  their 
ancient  rights  and  priviledges,  and  daily  exercising  hardships 
on  H.M.  good  subjects  :  and  in  the  second  with  divers  particulars 
facts  to  prove  their  pretended  accusation.  Without  examining 
the  truth  of  any  one  of  these  Articles,  the  Address  containing  the 


AMERICA  AND  WEST  INDIES.  427 

1718. 

general  charge  was  first  put  to  the  vote,  and  carry ed  by  the 
suffrages  of  22  against  14  that  opposed  it,  there  being  then  no  less 
than  15  Members  absent,  who  would  have  been  of  the  latter 
opinion.  Having  thus  obtained  their  Address  to  pass,  the  Speaker 
was  immediately  commanded  to  sign  three  fair  copys,  wch.  were 
brought  in  ready  drawn  for  that  purpose  ;  and  then  they  proceeded 
to  consider  the  Articles,  but  upon  hearing  the  falsehood  of  many 
of  them  exposed,  those  who  readily  voted  for  the  Address  upon 
the  faith  of  their  leaders,  began  to  be  startled  and  would  not  so 
easily  give  in  to  what  they  found  could  not  be  proved,  and  so 
put  off  the  debate  till  next  day,  when  eight  of  the  Articles  were 
entirely  struck  out  as  groundless,  and  the  rest  which  are  intended 
to  support  their  charge  so  much  altered  from  the  first  draught, 
that  those  who  opposed  the  Address  consented  to  let  them  pass 
purely  to  expose  the  weakness  and  malice  of  my  accusers.  I 
herewith  transmitt  to  yor.  Lordps.  a  copy  of  the  Address  and 
Articles  as  they  passd  the  House,  whereby  your  Lordps.  may 
judge  whether  the  latter,  if  they  were  really  true,  are  sufficient  to 
convict  me  of  subverting  the  Constitution  of  the  Government, 
or  oppressing  the  King's  subjects.  I  have  also  added  the  whole 
Articles  given  in  that  yor.  Lordps.  may  see  the  malice  of  these 
men  hi  charging  me  with  crimes  wch.  they  themselves  could  not 
justify  to  be  true.  Time  will  not  allow  me  at  present  to  enter 
upon  a  full  answer  to  this  charge  neither  would  it  be  proper  to 
send  one  by  this  uncertain  conveyance  :  but  I  shall  in  a  very 
short  time  send  over  a  Gentleman  well  acquainted  with  the 
affairs  of  this  Country  etc.,  who  will  be  able  to  give  yor.  Lordps. 
a  true  light  into  those  things  which  my  adversarys  have  industri- 
ously misrepresented,  or  which  their  Agent  Mr.  Byrd  may  craftily 
insinuate  to  my  prejudice  :  and  besides  I  have  not  the  least 
doubt  of  your  allowing  me  a  reasonable  time  to  be  heard  etc.  In 
the  mean  time  refers  to  enclosures  as  a  brief  answer.  When  your 
Lordps.  shal  be  pleased  to  consider  the  first  of  the  Burgesses 
Articles  I  hope  you  will  be  pleased  to  entertain  a  more  favourable 
opinion  of  Virginia  than  to  beleive  that  the  persons  concerned 
in  that  unintelligible  composition,  are  the  wisest  or  most  learn'd 
of  its  legislators  :  but  tho  I  ought  not  to  quarrell  with  my  accusers' 
understandings,  I  may  be  allow'd  with  justice  to  expose  their 
dishonesty,  wch.  in  this  particular  is  very  notorious  etc.  I  am 
accused  of  putting  a  misconstruction  on  the  law  for  settling  the 
titles  and  bounds  of  lands,  and  of  endeavouring  to  extend  that 
clause  thereof  making  three  years  non-payment  of  quitt  rents  a 
forfeiture  of  the  land  granted  after  the  passing  that  law,  to  other 
lands  wch.  were  granted  long  before.  Now,  my  Lords,  I  do 
affirm,  that  this  charge  is  utterly  false.  I  never  had  a  thought 
of  extending  that  law  etc.  and  no  occasion.  The  Law  cited  was 
passed  in  1710,  and  in  less  than  three  years  therafter  viz.  in  17 15 
another  Act  of  Assembly  was  made  declaring  what  shall  be  accounted 
a  sufficient  seating  etc.,  wherein  there  is  a  clause  declaring  in 
express  words,  That  all  lands  for  which  the  quittrents  shal  be 
three  years  in  arrear,  shal  revert  to  the  Crown.  This  I  acknow- 
ledge to  have  construed  according  to  the  sense  it  will  naturally 


428  COLONIAL    PAPERS. 

1718. 

bear,  according  to  the  intention  of  those  that  made  it,  and  the 
interpretation  the  whole  country  put  on  it  till  of  late,  that  a 
party  of  the  Council  thought  fitt  by  their  own  absolute  will  and 
pleasure  to  declare  it  to  have  no  meaning  at  all  etc.      I  challenge 
them  to  produce  one  single  instance  of  any  man's  paying  more 
quittrents  than  he  is  bound  to,  by  the  condition  of  his  patent,  or 
that  I  have  disseised  any  one  of  his  freehold  for  non-payment  by 
colour  of  this  Act :  a  power  being  still  lodged  in  the  Governor  to 
regrant  the  land  forfeited  to  the  same  proprietor  from  whom  it 
reverts.     As  the  chief  design  of  this  law  was  to  obtain  justice 
to  the  King  without  the  least  intention  to  injure  the  subject,  so 
I  have  on  divers  occasions  declared  that  if  the  Burgesses  would 
by  a  new  law,  make  a  reasonable  provision  for  the  just  payment 
of  the  quitt  rents,  I  would  consent  to  the  repeal  of  this,  and  I 
even  offerred  to  consent,  that  it  might  be  declared  by  law  that 
whoever  should  enter  the  true  quantity  of  his  lands  on  the 
Receiver  Generals  books,  should  incur  no  forfeiture  for  the  non- 
payment of  his  quittrents  untill  a  reasonable  time  after  the  same 
should  be  demanded  by  the  Kings  Officers  :  But  the  party  who 
have  always  opposed  the  Kings  interest,  foreseing  that  this  would 
necessarily  tend  to  the  obtaining  a  true  rent  roll  of  the  Colony, 
would  by  no  means  hearken  to  this  proposal.     From  all  which 
your  Lordps.  will  judge,  whether  my  endeavouring  to  obtain  a 
just  payment  of  the  Kings  rents,  according  to  the  express  words 
of  a  law  in  force,  or  this  party  of  men  aiming  to  defraud  their 
Soveraign  of  the  acknowledgment  due  by  the  very  condition  of 
their  own  patents,  be  most  like  an  attempt  to  subvert  the  Con- 
stitution ?  and  whether  a  people  have  just  cause  to  complain  of 
the  hardship  of  a  law,  who  refuse  all  overtures  for  amending  it  ? 
My  accusers  designed  to  represent  me  as  a  person  so  ignorant  as 
not  to  understand  the  common  sense  of  their  laws,  or  Such  a 
tyrant  as  to  wrest  them  to  purposes  quite  forreign  to  the  true 
intent  thereof  etc.     They  knew  very  well  that  the  law  made  in 
1713  is  that  which  I  have  always  contended  for  etc.     As  soon  as 
they  found  the  people  alarm'd  at  this  law,  and  preparing  to  give 
up  a  true  account  of  their  lands  to  prevent  the  forfeiture  thereof, 
they  spread  a  report  about  the  countrey  that  the  Kings  Attorney 
General  in   England   had   declared   his   opinion   that   this   law 
extended  only  to  lands  granted  after  the  passing  thereof,  and  that 
no  man  had  occasion  to  fear  the  forfeiture  of  any  lands  patented 
before  :  they  declared  this  to  be  their  own  opinion  too  on  all 
occasions,  and  to  make  it  the  more  publick  took  an  opportunity 
to  argue  it  on  the  General  Court  Bench,  without  having  any  case 
in  judgment  before  them  wch.  required  their  opinion  in  that  point : 
and  to  show  the  people  how  little  they  valued  the  effect  of  that 
law,  divers  of  the  same  party  let  their  lands  run  in  arrears,  as  an 
example  to  others  to  act  the  same  part.     I  can  scarce  believe  that 
the  Kings  Attorney  General  gave  any  such  opinion,  unless  it  was 
on  the  law  with  which  I  am  now  charged,  for  all  the  lawyers  here 
are  clear  that  the  Act  in  1713  doth  extend  to  all  lands  whatsoever, 
as  indeed  it  was  the  intention  of  the  makers  that  it  should.  The 
other  three  Articles  will  appear  to  be  very  frivolous,  when  I 


AMERICA    AND    WEST    INDIES.  429 

1718. 

come  to  set  forth  the  truth  of  the  matters  etc.  I  shal  only  now  give 
a  brief  character  of  the  persons  chiefly  concerned  in  framing  the 
present  accusation  against  me  etc.  The  two  late  Officers  of  the 
Revenue  are  particularly  offended  at  my  enquiry  into  their  mis- 
managements. Yor.  Lordps.  may  be  pleased  to  remember  that 
in  Aug.  1714  I  received  a  particular  charge  from  yor.  Board  to 
transmitt  an  account  of  the  several  branches  of  the  Kings 
Revenues,  the  application,  and  manner  of  auditing  thereof  ;  I 
no  sooner  began  this  inquiry,  than  I  found  many  abuses  in  the 
collection  and  the  utmost  confusion  in  the  accompts  of  these 
Revenues,  which  I  thought  highly  necessary  to  reforme  :  but  as 
both  the  Officers  strenuously  opposed  any  such  regulation,  so 
Mr.  Byrd  thought  fitt  soon  to  withdraw  to  England,  carrying  with 
him  all  the  books  of  the  Revenue  (if  he  ever  kept  any)  and  has 
continued  there  ever  since,  ready  on  all  occasions  to  do  me  ill 
offices,  instead  of  returning  to  clear  himself  of  those  frauds  wch. 
have  been  discovered  in  his  management  during  his  being  Receiver 
General.  This  Gentleman  (as  is  publickly  talkd  here)  has  advised 
his  accomplices  that  they  had  no  other  way  to  carry  their  point, 
than  by  getting  the  Assembly  to  petition  H.M.  to  remove  me.  And 
Collo  Ludwell  his  chief  correspondent  here,  undertook  that  task. 
As  both  these  gentlemen  were  closely  united  in  their  opposition 
to  my  endeavours  for  reforming  the  abuses  in  the  Revenue,  so  the 
latter  (who  is  a  man  of  implacable  malice  and  resentment)  can 
never  forgive  my  suspending  him  from  the  office  of  Auditor  : 
He  it  is,  who  with  the  assistance  of  his  brother  in  law  Mr.  Com- 
missary Blair,  the  constant  instrument  of  faction  against  all  former 
Governors,  has  set  himself  up  for  the  Head  of  that  Party  etc. 
Amongst  the  two  and  twenty  Burgesses  who  voted  the  present 
accusation  against  me,  there  are  Mr  Grymes  the  Deputy  Auditor 
son  in  law  to  Mr.  Ludwell,  a  man  of  the  same  principles  with  him 
in  relation  to  Government,  and  pursuing  the  very  same  schemes 
in  the  management  of  the  Kings  Revenue.  Mr.  Corbin  married 
to  one  of  the  same  family  etc.,  and  turned  out  of  the  place  of 
Naval  Officer,  for  no  less  an  offence  than  forging  the  late  Queen's 
letter,  for  clearing  a  ship  in  his  district  etc.,  and  consequently  a 
person  disobliged  etc.  Mr.  Blair  brother  to  the  Commissary  and 
both  partners  in  trade  with  Mr.  Ludwell ;  a  member  chosen  (by 
much  industry)  for  the  almost  deserted  corporation  of  James 
City,  merely  for  his  remarkable  scurrility  and  insolence.  Three 
more  of  the  same  party  displaced  from  being  Justices  of  the 
Peace,  and  one  from  the  office  of  an  Agent  under  the  Tobacco 
law  for  evil  practices  in  their  offices  by  the  advice  of  these  very 
Councelors  who  now  use  them  as  their  tools  ;  and  divers  others 
disobliged  for  being  refused  the  imployment  they  had  a  mind  to, 
as  indeed  it  is  very  common  for  some  here  to  look  upon  anything 
that's  refused  them  to  be  so  much  taken  away  from  them,  and 
the  less  they  are  qualify'd  for  the  offices  they  aim  at,  so  much 
the  greater  is  their  resentment  for  being  denyed.  These  are  my 
only  accusers,  for  as  to  several  others  drawn  in  to  vote  on  the 
same  side,  they  have  already  owned  their  error  in  being  so  easily 
imposed  on,  by  the  crafty  insinuations  of  these  Party  managers, 


430  COLONIAL     PAPERS. 

1718. 

and  it  will  not  appear  strange  if  among  two  and  fifty  men  (of 
which  the  Burgesses  House  is  composed)  there  should  be  found 
some  of  weak  understandings,  as  well  as  others  liable  to  corruption 
and  neither  prooff  against  the  arts  of  an  industrious  party  when 
they  have  so  great  a  point  to  carry.  But  however  this  Party  of 
men  may  triumph  in  their  gaining  a  small  number  of  the  Bur- 
gesses to  joine  with  them  in  an  unrighteous  accusation,  their  joy 
is  like  to  be  but  short  lived,  the  people  in  general  begining  already 
to  condemn  their  proceedings,  and  as  the  principal  gentlemen  of 
the  country  are  resolved  to  give  publick  testimonys  of  their 
satisfaction  with  my  administration,  and  their  dislike  of  the  late 
Assembly s  behaviour  I  doubt  not  in  a  short  time  to  send  yor. 
Lordps.  Addresses  from  most  parts  of  the  Colony  vindicating  me 
from  what  I  am  charged  with  ;  as  I  now  send  copys  of  what  I 
have  already  recieved  on  this  occasion.  In  my  letter  of  the  14th 
of  August  last,  I  gave  yor.  Lordps.  an  account  that  one  Capt. 
Tach  a  noted  pyrate  in  a  ship  of  40  guns  run  ashore  in  June,  at 
the  mouth  of  Ouacoch  Inlett  in  North  Carolina  where  that  ship 
and  two  of  the  four  sloops  he  had  under  his  command  were  lost, 
and  that  he  and  his  crew  had  surrendered  to  the  Governor  of 
that  Province.  Since  which  one  Howard,  Tach's  Quartermaster, 
came  into  this  Colony,  with  two  negros  which  he  own'd  to  have 
been  piratically  taken,  the  one  from  a  French  ship  and  the  other 
from  an  English  brigantine.  I  caused  them  to  be  seized  pursuant 
to  H.M.  Instructions,  upon  which,  encouraged  by  the  countenance 
he  found  here,  he  commenced  a  suit  against  the  officer  who  made 
the  seizure,  and  his  insolence  became  so  intolerable,  without 
applying  himself  to  any  lawful  business,  that  the  Justices  of  the 
Peace  where  he  resided  thought  fitt  to  send  him  on  board  one  of 
the  Kings  ships  as  a  vagrant  seaman.  Hereupon  he  caused  not 
only  the  Justice  who  signed  the  warrant  but  the  Captain  and 
Lieutenant  of  the  man  of  war  to  be  arrested  each  in  an  action  of 
£500  dammages.  And  one  of  the  chief  lawyers  here  undertook  his 
cause.  This  extraordinary  behaviour  of  a  pyrate  well  known  to 
have  been  very  active  in  plundering  divers  vessells  on  this  coast 
but  the  year  before,  occasioned  a  more  strict  enquiry  into  his 
course  of  life  after  his  departure  from  hence,  and  at  last  it  came 
to  be  discovered  that  tho  he  and  the  rest  of  Tache's  crew,  pretended 
to  surrender  and  to  claim  the  benefite  of  H.M.  Proclamation,  they 
had  nevertheless  been  guilty  of  divers  piracys  after  the  fifth  of 
January  for  which  they  were  not  entitled  to  H.M.  pardon.  I 
therefore  thought  fitt  to  have  him  brought  to  a  tryal,  but  found 
a  strong  opposition  from  some  of  the  Council  agt.  trying  him  by 
vertue  of  the  Commission  under  the  great  Seal  pursuant  to  the 
Act  of  the  llth  and  12th  of  King  Wm.  tho  I  produced  the  King's 
Instruction  directing  that  manner  of  tryal ;  but  having  at  length 
overcome  their  scruples,  I  had  this  person  tryed  and  convicted  of 
taking  and  destroying  no  less  than  twelve  ships  and  vessells 
after  the  5th  of  January  and  long  after  notice  of  H.M.  Proclama- 
tion. About  the  time  of  this  tryal  I  received  advice  from  North 
Carolina,  that  Major  Bonnett  who  was  one  of  Tach's  associates 
and  surrendered  with  him,  was  gone  out  again  in  a  sloop,  and 


AMERICA    AND   WEST    INDIES.  431 

1718. 

betaking  himself  to  fresh  piracys  had  been  taken  by  some  vessells 
fitted  out  for  that  purpose  by  the  Government  of  South  Carolina. 
That  Tach  with  divers  of  his  crew  kept  together  in  North  Carolina 
went  out  at  pleasure  committing  robberys  on  this  coast  and  had 
lately  brought  in  a  ship  laden  with  sugar  and  cocoa,  which 
they  pretended  they  found  as  a  wreck  at  sea  without  either  men 
or  papers,  that  they  had  landed  the  cargo  at  a  remote  inlett  in 
that  Province  and  set  the  ship  on  fire  to  prevent  discovery  to  whom 
she  belonged  :  and  having  at  the  same  time  received  complaints 
from  divers  of  the  trading  people  of  that  Province  of  the  insolence 
of  that  gang  of  pyrates,  and  the  weakness  of  that  Governmt.  to 
restrain  them,  I  judged  it  high  time  to  destroy  that  crew  of 
villains,  and  not  to  suffer  them  to  gather  strength  in  the  neigh- 
bourhood of  so  valuable  a  trade  as  that  of  this  Colony.  Having 
gained  sufficient  intelligence  of  the  strength  of  Tache's  crew,  and 
sent  for  pylots  from  Carolina,  I  communicated  to  the  Captains 
of  H.M.  ships  of  war  on  this  station  the  project  I  had  formed  to 
extirpate  this  nest  of  pyrates.  It  was  found  impracticable  for 
the  men  of  war  to  go  into  the  shallow  and  difficult  channells  of 
that  country,  and  the  Captains  were  unwilling  to  be  at  the  charge 
of  hyring  sloops  wch.  they  had  no  orders  to  do,  and  must  therefore 
have  paid  out  of  their  own  pocketts,  but  as  they  readily  consented 
to  furnish  men,  I  undertook  the  other  part  of  supplying  at  my 
own  charge  sloops  and  pilots.  Accordingly  I  hyred  two  sloops 
and  put  pilotes  on  board,  and  the  Captains  of  H.M.  ships  having 
put  55  men  on  board  under  the  command  of  the  first  Lieutenant 
of  the  Pearle  and  an  officer  from  the  Lyme,  they  came  up  with 
Tach  at  Ouacock  Inlett  on  the  22nd  of  last  month,  he  was  on 
board  a  sloop  wch.  carryed  8  guns  and  very  well  fitted  for  fight. 
As  soon  as  he  perceived  the  King's  men  intended  to  board  him,  he 
took  up  a  bowl  of  liquor  and  calling  out  to  the  Officers  of  the  other 
sloops,  drank  Damnation  to  anyone  that  should  give  or  ask 
quarter,  and  then  discharged  his  great  guns  loaded  with  partridge 
shott,  wch.  killed  and  wounded  twenty  of  the  King's  men  who  lay 
exposed  to  his  fire  without  any  barricade  or  other  shelter  ;  he 
resolutely  entered  the  first  sloop  which  boarded  him,  nor  did  any 
one  of  his  men  yeild  while  they  were  hi  a  condition  to  fight.  His 
orders  were  to  blow  up  his  own  vessell  if  he  should  happen  to  be 
overcome,  and  a  negro  was  ready  to  set  fire  to  the  powder,  had 
he  not  been  luckily  prevented  by  a  planter  forced  on  board  the 
night  before  and  who  lay  in  the  hold  of  the  sloop  during  the 
action  of  the  pyrats.  Tach  with  nine  of  his  crew  were  killed,  and 
three  white  men  and  six  negros  were  taken  alive  but  all  much 
wounded.  The  loss  of  the  King's  men  is  very  considerable  for 
the  number,  there  being  (?)  ten  killed  in  the  action,  and  four  and 
twenty  wounded  of  whom  one  is  since  dead  of  his  wounds.  I  do 
myself  the  honour  of  giving  yor.  Lordps.  the  particulars  of  this 
action  because,  it  has,  I  hope,  prevented  a  design  of  the  most 
pernicious  consequence  to  the  trade  of  these  Plantations,  wch. 
was  that  of  the  pyrats  fortifying  an  Island  at  Ouacock  Inlett  and 
making  that  a  general  rendevouze  of  such  robbers.  While  the 
preparations  for  this  service  were  carrying  on,  I  proposed  to  our 


432  COLONIAL    PAPERS. 

1718. 

late  Assembly  and  prevailed  with  them  to  pass  an  Act  giving 
rewards  for  apprehending  and  destroying  of  py rates,  by  which 
there  is  to  be  paid  particularly  for  Tach  £100,  and  half  the  rewards 
promised  by  H.M.  Proclamation,  for  every  one  of  his,  or  any  other 
crew  of  pyrates  taken  on  this  coast,  to  be  paid  out  of  the  publick 
money  now  in  the  hands  of  the  countrey's  Treasurer  :  but  I  did 
not  communicate  to  the  Assembly  nor  Council,  the  project  then 
forming  agt.  Tach's  crew  for  fear  of  his  having  intelligence,  there 
being  in  this  country  and  more  especially  among  the  present 
faction,  an  unaccountable  inclination  to  favour  pyrates,  of  which 
I  begg  leave  to  mention  some  instances.  Besides  the  favour 
shown  to  Tache's  Quarter  Master  in  advising  him  to  sue  for  his 
liberty  and  for  his  pyratical  effects  ;  some  of  the  same  gang 
having  pass'd  through  this  countrey  in  their  way  to  Pensilvania, 
and  contrary  to  my  Proclamation  assembling  in  great  numbers 
with  their  arms,  and  endeavouring  to  debauch  some  sailors  out 
of  the  merchant  ships  to  joine  them,  the  Officers  of  the  Govern- 
ment could  find  none  to  assist  in  the  disarming  and  suppressing 
that  gang.  On  the  tryal  of  some  pyrates  lately  brought  hither, 
arguments  have  been  used  to  justify  their  villanys,  and  to  acquitt 
them,  upon  the  bare  allegation  of  their  being  forced  into  that 
wicked  Association  without  any  proof,  or  so  much  as  a  proba- 
bility of  their  acting  by  constraint.  I  received  some  days  ago  the 
honr.  of  yor.  Lordps.  of  the  —  of  August  and  H.M.  Commission 
for  pardoning  pyrates,  wch.  came  very  seasonably  to  save  Howard 
the  Quartermr.  then  under  sentence  of  death,  but  by  H.M. 
extending  his  mercy  for  all  piracys  committed  before  the  18th 
of  August,  is  now  set  at  liberty.  I  must  on  this  occasion  intreat 
yor.  Lordps.  directions  as  well  concerning  the  effects  of  this  man 
as  of  others  wch.  appear  to  have  been  piratically  taken.  By 
H.M.  Instructions  I  am  commanded  to  seize  and  secure  the  effects 
of  all  pyrats  brought  in  here  ;  untill  H.M.  pleasure  be  signify ed 
therein  :  and  by  H.M.  late  Commission,  I  observe  that  all  for- 
feitures are  remitted  to  such  as  surrender  within  the  time  therin 
mentioned  :  what  I  am  therefore  in  doubt  of  is,  whether  by  the 
remitting  all  forfeitures,  H.M.  intends  only  to  restore  the  pyrates 
to  the  estates  they  had  before  the  committing  their  pyracies,  or 
to  grant  them  a  property  also  in  the  effects  wch.  they  have 
piratically  taken.  There  is  besides  the  two  negro  boys,  about 
£50  in  money  and  other  things  taken  from  the  aforenamed 
Howard,  and  now  in  the  hands  of  the  Officer  who  seized  it  on 
H.M.  behalf,  of  wch.  an  inventary  is  lodged  in  the  Secretary s 
Office  here.  I  therefore  pray  yor.  Lordps.  advice  and  commands 
how  these  effects  are  to  be  disposed,  where  the  person  in  whose 
possession  they  were  found  is  pardoned.  I  also  expect  from 
North  Carolina  a  considerable  quantity  of  sugar  and  cocoa,  wch. 
were  in  the  possession  of  Tach  and  his  crew,  and  appear  to  have 
been  the  lading  of  that  ship  wch.  they  lately  brought  in  there 
under  pretence  of  a  wreck,  but  in  reality  was  taken  piratically 
near  Bermuda  from  the  subjects  of  the  French  King,  and  the  men 
put  on  board  a  ship  of  the  same  nation  taken  at  the  same  time, 
as  some  of  Taches  crew  now  in  custody  alledge.  If  these  men 


AMERICA    AND    WEST    INDIES.  433 

1718. 

were  saved  alive  it  is  probable  they  may  lay  claim  to  the  lading 
of  their  ship  :  but  if  they  are  not,  there  is  some  consideration 
due  to  the  Officers  and  men  who  rescued  the  same  out  of  the 
hands  of  the  pyrates  etc.  Observing  by  the  publick  prints  as 
well  as  the  letters  from  divers  of  the  merchts.  that  the  French 
settlement  on  Mississippi,  begins  to  make  a  considerable  noise 
in  the  world,  I  cannot  forbear  taking  notice  of  one  particular 
circumstance  thereof,  for  which  I  cannot  find  any  foundation. 
It  is  advised  by  a  letter  from  South  Carolina  inserted  in  the 
Political  State  for  the  month  of  August  last,  that  the  French  had 
formed  a  design  in  conjunction  with  some  of  their  neighbouring 
Indians  to  cutt  off  the  Cherikees,  and  the  writer  of  that  letter  is 
so  particular  as  to  mention  the  precise  time,  when,  and  the  number 
of  men  by  whom,  it  was  to  be  put  in  execution.  The  traders 
imployed  by  the  late  Indian  company  who  have  been  among  the 
Cherikees  all  the  last  summer  arrived  here  a  few  days  ago  with 
about  70  horse  load  of  skins,  and  brought  in  with  them  four  of 
the  Great  men  of  that  Nation,  declare  that  they  heard  of  no  such 
discourse  there  ;  tho  they  left  the  Cherikee  country  long  after  the 
time  mentioned  for  this  supposed  attack  from  the  French  : 
besides  that  the  Cherikees  being  a  numerous  Nation  consisting  of 
upwards  of  4000  fighting  men,  and  seated  in  the  fastnesses  of  the 
great  mountains  are  not  so  easily  to  be  destroyed  by  the  small 
numbers  wch.  the  Carolina  intelligence  says  are  marching  against 
them.  So  that  it  is  not  improbable,  but  that  the  French  hopes 
from  their  new  settlement  may  be  as  ill  grounded,  as  the  Carolina 
fears  of  their  Indian  neighbours.  But  whatever  may  be  the 
progress  of  this  new  Colony,  it  is  certainly  the  British  interest  to 
obstruct  its  growth,  not  only  by  interrupting  the  communication 
between  that,  and  Canada,  but  by  extending  our  commerce 
among  the  Indians,  and  particularly  by  cultivating  a  good 
correspondence  with  these  Cherikees  who  are  now  very  friendly 
to  the  English,  and  especially  to  those  of  this  country  imployed 
among  them  by  the  gentlemen  of  the  late  Indian  Company  and 
who  have  furnished  them  with  arms  and  ammunition  in  greater 
proportion  than  the  people  of  Carolina  are  capable  of  supplying. 
By  the  account  I  have  had  from  our  Indian  traders  these  Cherikees 
are  little  farther  distant  from  Virginia  than  they  are  from  Charles- 
town  :  They  are  an  increasing  people,  and  the  rather  to  be  courted 
because  of  the  barrier  they  may  afford  us  agt.  this  new  settlement 
of  the  French  :  whereas  those  Indian  Nations  that  inhabite  among 
or  near  the  British  settlements  are  of  small  account,  by  reason  of 
their  daily  decrease,  such  are  the  Cattawbaws  who  from  a  powerful 
nation,  are  of  late  become  much  lessend,  by  a  remarkable  dispen- 
sation of  Providence  in  rendring  their  women  for  the  most  part 
barren  ;  as  if  Heaven  design'd  by  the  diminution  of  these  Indian 
neighbours,  to  make  room  for  our  growing  settlements.  The 
scarcity  and  dearth  of  iron,  which  the  merchants  of  England  have 
for  some  time  complained  of,  and  the  people  here  have  sensibly 
felt,  may  I  hope  be  happily  remedyed  by  the  late  discoverys  of 
mines  in  this  Colony  :  one  of  which  has  been  found  at  the  head 
of  Rappahannock  River,  by  some  German  miners  wch.  I  employed 

Wt.  441.  C.P.  28. 


434  COLONIAL    PAPERS. 

1718. 

in  that  service,  wch.  is  reputed  richer  than  any  in  Europe,  and 
lyes  within  less  than  ten  miles  of  water  carriage.  Several  gentle- 
men here  are  concerned  with  me,  and  ready  to  set  up  an  iron 
works  if  it  may  be  allowed  :  and  I  am  not  without  hopes  of  dis- 
covering other  mines  of  a  nobler  mettall,  as  soon  as  the  country 
comes  to  be  seated  nearer  the  Great  Mountains  (over  which  I 
discovered  the  passage)  and  which  may  serve  to  check  the  vain 
boasts  of  the  Spaniards,  as  if  the  Treasures  of  the  Universe  are 
solely  committed  to  them.  I  shall  conclude  this  letter  with 
informing  yor.  Lordps.  of  the  death  of  Mr.  Berkeley  one  of  the 
Council  here,  in  whose  stead  I  humbly  recommend  Mr.  Cole 
Digges,  a  gentleman  of  good  parts,  and  of  an  estate  wch.  may  be 
reckoned  amongst  the  first  in  this  country,  he  is  descended  of  an 
honble.  Family  in  England,  and  his  father  served  for  divers 
years  with  great  reputation  in  the  office  of  a  Councelor  and 
Deputy  Auditor  here.  This  gentleman  lives  near  the  seat  of 
Government,  and  is  on  that  account  preferable  to  others  whose 
remoteness  makes  them  unwillingly  attend  on  the  business  of 
the  Council.  Signed,  A.  Spotswood.  Endorsed,  Reed.  13th, 
Read  29th  April,  1719.  13  pp.  Enclosed, 

800.  i.  Minutes  of  Council  of  Virginia,  relating  to  the  Bill 
declaring  who  shall  not  bear  office  etc.  Same  endorsement. 
2pp. 

800.  ii.  (a).  Address  of  the  House  of  Burgesses  of  Virginia  to 
the  King.  Nov.  20,  1718.  We  lay  before  your  Majesty 
several  attempts  of  the  Lieut.  Governor  towards  the 
subversion  of  the  Constitution  of  our  Government  the 
depriving  us  of  our  ancient  rights  and  priviledges  and 
many  hardships  wch.  he  dayly  exercises  upon  your 
Majestys  good  subjects.  Pray  H.M.  to  receive  some 
particulars  from  the  Honble.  William  Byrd  Esq.  "  whom 
we  have  desired  to  appear  in  behalf  of  your  oppressed 
subjects  of  this  Colony  being  deprived  of  any  other 
means  whereby  to  make  known  to  your  Majesty  our 
just  grievances  by  our  remote  scituation,  which  misfor- 
tune we  find  greatly  increased  by  being  governed  by  a 
Lieutenant  Governor  while  the  Governor  in  chief  resides 
in  Great  Brittain  to  which  we  attribute  many  of  the 
difficulties  we  now  labour  under.  It  is  with  great 
comfort  we  behold  your  Majesty  earnestly  imploying 
yourself  in  defence  of  the  liberties  not  only  of  your  own 
subjects,  but  of  all  Europe."  etc.  Signed,  Daniel 
McCarty,  Speaker. 

(b)  Instructions  to  Wm.  Bird,  Agent  for  the  Colony  of 
Virginia.  To  present  the  above  Address  to  H.M.  and 
the  following  particulars  against  the  Lieut.  Governor 
That  he  hath  by  a  misconstruction  of  our  laws  as  much 
as  in  him  lay  perverted  many  of  them  particularly  that 
for  settling  ye  titles  and  bounds  of  lands,  which  makes 
it  a  condition  of  the  patents,  that  they  are  to  forfeit 
them  if  they  fail  three  years  of  paying  their  quit  rents, 
which  he  hath  endeavoured  to  extend  to  lands  granted 


AMERICA   AND   WEST   INDIES. 


435 


1718. 


before  that  law  which  have  no  such  condition  in  their 
patent  or  grant.  His  construction  of  the  law  for  finishing 
of  the  Governor's  House,  whereby  he  lavishes  away  the 
country's  money  contrary  to  the  intent  of  the  law  and 
even  beyond  what  the  words  of  the  law  will  bear,  and 
hath  hitherto  refused  any  redress  therein.  That  he 
endeavoured  to  deter  ye  Justices  of  the  Countys  from 
levying  the. Burgesses  salary  settled  by  law.  That  he 
hath  by  provoking  speeches  and  messages  abused  the 
House  of  Burgesses  and  thrown  undeserved  reflections 
upon  them.  That  this  Country  hath  no  way  to  represent 
its  grievances  but  by  an  Agent,  that  we  seldom  complain 
but  when  much  opprest  by  our  Governor  in  which  case 
the  Governor  will  hardly  be  prevailed  with  to  consent 
to  the  paying  an  Agent  for  his  trouble  and  necessary 
disbursments,  wherefore  you  are  to  endeavour  to  obtain 
an  Instruction  to  our  Governor  to  consent  to  any  such 
necessary  payment  when  the  House  of  Burgesses  shall 
meet.  Copy.  1%  pp. 

800.  Hi.  Copy  of  Instructions  to  Wm.  Bird  as  originally  brought 
in  to  the  House  of  Burgesses,  containing  14  grievances 
against  the  Lt.  Governor  (v.  covering  letter).     Endorsed, 
Reed.  13th,  Read  29th  April,  1719.     1  p. 
iv.  Lt.  Governor  Spotswood's  messages  to  the  House  of 
Burgesses  Nov.  22  and  28.     Copy.     2J  pp. 
.  Copy   of   Lt.    Governor   Spotswood's   Speech   to   the 
House  of   Burgesses   when  proroguing  the  Assembly. 
Endorsed,  Reed.   13th,  Read  29th  April,   1719.     Copy. 


800. 
800. 


v. 


800.  vi.  Address  of  Henrico  County  to  Lt.  Governor  Spotswood. 
Disown  the  charges  brought  against  him  by  the  clamours 
of  a  few  prejudiced  men  etc.  Same  endorsement.  Copy. 
\  p.  [(7.0.  5,  1318.  Nos.  61,  61  i.-vi.] 

Dec.  23.        801.     H.M.  Warrant  to  the  Attorney  and  Solicitor  General 
St  James's,   to  prepare  Commissions  impowering  Governors  of  Plantations 

to  pardon  pirates  according  to  the  Proclamation  of  21st  Dec. 

Countersigned,  J.  Craggs.     Copy.     [(7.0.  324,  33.    pp.  196-201.] 

Dec.  24.  802.  Council  of  Trade  and  Plantations  to  the  King.  Repre- 
Whitehall.  Dentation  upon  Act  passed  in  Antigua  2nd  Oct.  last  for  laying  an 
additional  duty  on  wines  and  other  strong  liquors  wch.  shall  be 
imported  into  this  Island,  the  purport  [of]  which  Act  is  to  revive 
an  Act  of  the  same  nature  pass'd  in  1717  which  laid  an  additional 
duty  of  20s.  p.  pipe  on  all  Madera  wines,  and  50  p.  cent,  on  other 
liquors  imported  for  sale  over  and  above  what  was  laid  by  a 
former  Act  pass'd  1697  for  raising  an  impost  on  all  liquors 
imported  etc.  And  it  enacts  that  no  sum  of  money  to  be  rais'd 
by  this  Act  shall  be  issued,  but  by  virtue  of  an  order  in  writing 
sign'd  by  the  Commander  in  Chief  one  of  the  Council  and  the 
Speaker  of  the  Assembly  and  is  to  continue  in  force  three  years 
from  ye  time  your  Majesty  shall  be  pleas'd  to  confirm  the  same. 


436  COLONIAL  PAPERS. 

1718. 


By  your  Majesty's  Instructions  to  your  Govr.  he  is  requir'd  to 
take  care  that  no  money  be  issu'd  but  by  warrant  under  his  hand 
by  and  with  the  advice  and  consent  of  the  Council ;  But  by  the 
foresaid  Act  this  power  which  your  Majesty  has  thought  fit  to 
lodge  in  your  Governour,  is  in  effect  taken  from  him,  since  no 
money  can  be  issued  but  by  an  .order  under  the  hand  of  the 
Governour,  one  of  the  Council  and  Speaker  of  the  Assembly, 
which  we  conceive  derogatory  to  your  Majesty's  Royal  Preroga- 
tive, and  ought  not  to  be  allow 'd  of  besides  that  the  mony  to  be 
rais'd  by  this  Act  is  not  given  to  your  Majty.  as  required  by  your 
Majesty's  Instructions  to  the  Governour,  therefore  we  humbly 
offer,  that  Your  Majty.  be  pleas'd  to  signifie  your  disallowance 
of  the  said  Act  which  can  be  of  no  prejudice  to  the  Island  since 
the  Governour  not  knowing  how  far  this  duty  might  affect  the 
trade  and  shipping  of  this  Kingdom,  had  a  clause  inserted  declar- 
ing that  the  Act  shall  not  be  in  force  till  your  Majesty's  pleasure 
be  known,  pursuant  to  his  Instructions  in  that  behalf.  So  that 
upon  the  receipt  of  your  Majesty's  disallowance  of  the  said  Act 
they  may  have  an  opportunity  of  passing  another  not  lyable  to 
these  objections.  [C.O.  153,  13.  pp.  382-384.] 

Dec.  24.  803.  Circular  letter  from  Mr.  Secretary  Craggs  to  Governors 
Whitehall.  of  Plantations.  I  am  to  acquaint  you,  that  on  Tuesday  the  16th 
inst.  a  great  Council  was  held  at  St.  James's,  where  H.M.  signed 
a  Declaration  of  War  against  Spain,  and  ordered,  that  the  same 
should  be  published  the  next  day  by  the  Heralds  at  Arms  etc.  ; 
and  H.M.  having  communicated  the  same  to  both  Houses  of 
Parliament,  they  have  presented  Addresses  to  assure  H.M.  of 
their  assisting  and  supporting  Him  in  the  sd.  war  ;  and  I  am 
commanded  to  send  you  a  printed  copy  of  the  sd.  Declaration, 
with  a  signification  of  H.M.  Pleasure,  that  you  cause  it  to  be 
proclaimed  in  the  places  under  your  Governmt.,  that  His  subjects, 
having  this  notice,  may  take  care  to  prevent  any  mischief,  which 
otherwise  they  might  suffer  from  the  enemy,  and  do  their  duty 
in  their  several  stations  to  annoy  the  subjects  of  Spain  ;  and  H.M. 
would  have  you  be  very  rigorous  and  severe  in  preventing  any 
ammunition  or  stores  of  any  kind  from  being  carried  to  them, 
and  you  are  to  use  all  proper  methods,  that  may  be  most  effectual 
for  this  purpose.  The  Regent  has  also  agreed,  that  the  like 
Declaration  of  War  shall  be  made  in  the  name  of  the  French  King 
at  Paris.  I  am  further  to  acquaint  you,  that  since  the  King's 
last  Proclamation  bearing  date  the  5th  of  September  1717, 
relating  to  the  surrender  of  the  pirates  in  the  West  Indies,  H.M. 
has  been  pleased  to  issue  another  Proclamation  of  the  same  kind 
(which  I  herewith  transmit  to  you)  for  enlarging  the  time  of 
their  surrender  to  the  first  of  July  next ;  and  that  the  terms  thereof 
may  be  most  strictly  and  punctually  complied  with,  I  transmit 
to  you  at  the  same  time  H.M.  Commission  under  the  Great  Seal, 
authorizing  and  commanding  you  to  grant  H.M.  full  and  free 
pardon  to  all  such  pirates,  as  are,  or  shall  be  entituled  thereto, 
by  surrendring  themselves  within  the  time  limited  by  the  sd. 
Proclamation  ;  as  likewise  H,M.  Commission  under  the  Great 


AMERICA    AND    WEST    INDIES. 


437 


1718. 


Seal  for  the  trying  such  other  pirates  as  have  been,  or  shall  be 
taken,  after  their  having  refused  the  terms  of  H.M.  mercy  offered 
to  them.  But  as  to  those,  who  have  surrender'd,  or  shall  here- 
after surrender  themselves,  pursuant  to  the  two  abovementioned 
Proclamations,  it  is  H.M.  pleasure,  that  you  should  grant  His 
free  and  gracious  pardon  to  them  without  any  exception  or  reserve. 
And  I  am  the  more  particular  in  signifying  H.M.  commands  upon 
this  occasion,  because  there  has  been  a  general  outcry  and  clamour 
here,  as  if  great  advantages  had  been,  or  were  proposed  to  be 
made  by  particular  persons  upon  the  surrender  or  pardon  of  the 
pirates.  As  these  practices  are  very  unjustifiable  in  themselves, 
so  they  must  tend  in  a  great  measure  to  defeat  H.M.  gracious 
intentions,  and  be  of  dangerous  consequence  to  the  Publick,  and 
therefore  I  am  hereby  to  acquaint  you,  that  in  case  any  of  H.M. 
Governors,  or  any  others  concerned  in  the  surrender  or  pardon 
of  any  of  the  pirates  shall  receive  any  sum  of  money  or  any  other 
gratuity  or  advantage  whatsoever  on  account  thereof,  it  is  H.M. 
intention,  that  he  or  they  so  offending  shall  be  prosecuted  with 
the  utmost  severity  of  the  Law.  I  hope  you  will  not  imagine, 
that  what  I  say  upon  this  head,  is  pointed  at  you,  or  any  other 
person  in  particular,  since  it  is  by  the  express  order  of  H.M.  in 
Council,  that  I  have  been  directed  to  give  this  intimation  in  a 
circular  letter  to  each  respective  Governor  in  the  West  Indies. 
Signed,  J.  Craggs.  [C.O.  324,  33.  pp.  202-204.] 

804.  Same  to  the  Deputy  Governor  of  Pennsylvania,  the 
Governor  and  Company  of  Connecticut  and  of  Rhode  Island,  the 
Lords  Proprietors  of  Carolina  and  Lord  Guilford,  Guardian  to  the 
Lord  Proprietor  of  Maryland.  As  preceding,  omitting  la  fit  para- 
graph relating  to  pirates.  Signed,  J.  Craggs.  [C.O.  324,  33.  pp. 
204-206  ;  and  5,  1233.  No.  58.] 

Dec.  24.        805.     H.M.  Warrant  for  a  Commission  to  John  Knight  to  be 
St.  James's.   Secretary  and  Clerk  of  the  Crown  of  the  Leeward  Islands,  and 

revoking  the  Letters  Patent  of  Charles  Hedges.      Signed,  J. 

Craggs.     Copy.     [C.O.  324,  33.    p.  210.] 

Dec.  24.        806.     Mr.  Tilson  to  Mr.  Popple.     Encloses  following,  by  my 
Whitehall.     Lord  Stanhope's  order,  to  be  laid  before  the  Council  of  Trade  and 
Plantations  for  their  consideration.  Signed,  Geo.  Tilson.  Endorsed, 
Reed.  24th,  Read  31st  Dec.,  1718.     1  p.     Enclosed, 

806.  i.  William  Comes  to  Lord  Stanhope.  I  am  a  sailor  etc. 
There  came  into  Cales  five  ships  from  New  England 
full  of  stores  of  masts,  oak,  timber  and  plank  for  that 
King's  service.  I  hope  it  will  be  enquired  into  and 
wicked  men  punished,  all  other  ships  are  seized  no  more 
but  your  humble  servant.  Signed,  William  Comes.  \  p. 
[0.0.5,867.  Nos.  21,  21  i.  ',  and  5,  915.  ^.240.] 

Dec.  24.  807.  Governor  Rogers  to  Mr.  Secretary  Craggs.  By  the 
Nassau  on  ship  Samuel,  llth  Nov.,  being  the  first  oppertumty  I  have  had 
Providence.  gince  arrival,  I  sent  three  men  prisoners  being  accused  of 


Dec.  24. 

Whitehall. 


438  COLONIAL    PAPERS. 

1718. 

piracy  and  the  evidences  etc.  I  was  at  that  time  too  weak  to 
bring  them  to  a  tryal,  for  most  of  the  people  here  having  led  the 
same  course  of  life  notwithstanding  their  seeming  concurrence  of 
being  quiet  under  the  present  Government,  I  did  not  know  but  if 
I  had  adventur'd  to  have  try'd  them  and  brought  to  execution, 
but  an  insurrection  might  have  rescued  them  from  the  guards  and 
since  I  did  not  think  myself  secure  to  try  the  pirates  I  did  not 
give  myself  time  to  consider  the  power  I  had  to  try  them  in  case 
of  necessity,  wch.  I  have  since  done  my  reasons  are  here  enclosed 
wch.  I  was  not  willing  to  make  publick  here,  or  even  to  trust  a 
coram  of  my  Council.  A  little  after  the  Samuel's  departure,  I 
receiv'd  advice  of  Sir  George  Bing's  success  against  the  Spaniards 
in  the  Mediterranean  which  wth.  other  circumstances  seem'd  to 
me  that  the  war  were  either  proclaim 'd  or  on  foot.  These  advices 
I  was  glad  to  believe  for  on  my  strong  remonstrances  to  the 
people  of  the  great  probability  of  an  actual  war  I  readily  procured 
their  assistance  wch.  wth.  much  application  and  expence  of 
provisions  and  liquors  having  supplied  whilst  at  work  extra- 
vagantly with  both,  the  fort  is  now  made  tenible  and  in  the 
manner  laid  down  in  the  draught  herewith  sent.  The  people  did 
for  14  days  work  vigorously,  seldom  less  than  200  men  a  day,  but 
nothing  but  their  innate  thirst  of  revenge  on  the  Spaniard  could 
prompt  them  to  such  zeal,  which  was  so  strong  that  they  forgott 
they  were  at  the  same  time  strengthning  a  curb  for  themselves. 
Having  lately  had  intelligence  of  certain  pirates  who  had  run 
away  wth.  some  vessels  fitted  out  of  this  port  and  where  they 
might  be  found  I  equipped  a  sloop  with  sufficient  men  and  arms 
under  ye  command  of  Capt.  Hornigold  and  Cockram  who  had 
themselves  been  pirates,  but  accepted  of  H.M.  Act  of  Grace  and 
by  their  behaviour  since  my  arrival  gave  me  full  confidence  of 
their  sincerity,  wch.  has  been  successfully  confirmed  by  their 
apprehending  them,  to  the  number  of  13,  three  whereof  dyed  of 
their  wounds  ;  I  am  glad  of  this  new  proof  Capt.  Hornigold  has 
given  the  world  to  wipe  off  the  infamous  name  he  has  hitherto 
been  known  by,  tho  in  the  very  acts  of  piracy  he  comitted  most 
people  spoke  well  of  his  generosity.  These  last  prisoners  were 
brought  to  me  when  I  was  made  stronger  and  after  a  leisure  I 
had  to  peruse  and  consider  of  my  power  invested  by  my  Commis- 
sion and  Instructions  etc.  Encloses  proceedings  etc.  One  George 
Kounsivell  I  reprieved  under  the  gallows,  till  I  know  H.M. 
pleasure  etc.  He  is  the  son  of  loyall  and  good  parents  in  Dorset- 
shire etc.  Begs  his  intercession  with  H.M.  etc.  Continues  : — I 
design  to  send  an  accessary  of  piracy  and  such  evidence  as  I  can 
best  procure  by  a  ship  yt.  I  believe  will  saile  hence  in  about  a 
month.  I  have  five  more  now  in  custody  suspected  guilty  of 
piracy  since  H.M.  Act  of  Grace.  As  soon  as  the  Fort  is  finish'd 
and  all  the  guns  mounted  wch.  I  hope  will  be  done  before  the 
Christmas  holy  days  are  over,  I  will  then  do  the  best  I  can  to  make 
examples  of  some  of  them.  By  wch.  time  I  hope  to  have  more 
of  them  in  custody,  we  having  two  small  cruizers  mann'd  with 
50  men  now  out  to  look  for  two  pirates  yt.  are  newly  sett  up  wth. 
about  15  men  each.  It's  near  three  months  and  a  half  since  Capt. 


AMERICA    AND    WEST    INDIES.  439 

1718. 

Whitney,  H.M.S.  Rose,  left  me  in  a  great  extremity,  to  go  to  the 
Havana  carrying  a  letter  from  me  and  some  Spaniards  that  was 
left  here  wth.  him,  and  promis'd  to  return  in  three  weeks  at  most, 
but  now  I  hear  he's  got  at  New  York  and  writes  hither  that  the 
Spaniards  designe  to  begin  wth.  us  first  and  yt.  the  Governour  of 
the  Havana  takes  no  notice  of  my  passes  but  keeps  the  men  of 
this  Governt.  that  falls  into  their  hands  in  custody,  this  Capt. 
Whitney  pretends  he  was  drove  from  the  Havana  to  New  York 
by  stress  of  weather.  I  very  much  wonder  how  it  was  possible 
he  could  shere  clear  of  Providence  that  lyes  so  directly  in  his  way. 
There  are  three  more  of  H.M.  ships  at  New  York  that  has  layne 
there  some  time  whilst  the  pirates  has  been  very  troublesome  to 
us  and  Carolina  and  almost  everywhere  in  the  West  Indies.  I  beg 
if  any  of  H.M.  ships  are  order 'd  this  way  for  the  future,  that  they 
may  be  under  ye  direction  of  ye  Goverment  and  Council, 
especially  whilst  they  are  here,  and  then  we  may  be  capable  to 
joyn  them  in  serving  the  Publick.  I  would  not  undergoe  the 
like  fatigue  and  risque  as  I  have  done  ever  since  I  have  been  here 
for  the  proffits  of  any  employ  upon  earth  but  I  hope  I  am  now 
out  of  danger  at  least  of  ye  pirates,  and  if  the  Spaniards  come 
it  must  be  with  a  greater  force  then  I  hope  they'l  spare  for  some 
time,  whilst  I  may  have  recruits  and  another  Independt.  Company 
from  England,  no  time  shall  be  lost  to  make  this  place  not  less 
considerable  then  can  be  expected  after  so  many  misfortunes 
and  disappointments  amongst  a  very  odd  sort  of  people  wth.  so 
small  a  beginning.  I  hope  ye  extraordinary  charge  I  have  been 
forc'd  to  put  the  Gentlemen  to,  that  has  been  so  generous  to 
employ  me  in  serving  ye  publick  will  be  made  up  by  the  publick, 
my  utmost  ambition  being  to  demonstrate  myself  deserving  the 
honour  and  trust  H.M.  has  been  pleas'd  to  bestow  on  me  etc. 
Signed,  W.R.  .  Copy  of  letter  sent  by  James  Ker  via  Carolina. 
10  pp.  [C.O.  23,  13.  ff.  20-24  v.] 

Dec.  24.  808.  Council  of  Trade  and  Plantations  to  the  King.  Enclose 
Whitehall,  following  and  refer  to  Representation  of  Dec.  19  upon  the  New- 
foundland trade,  "  which  in  our  opinion  can  never  be  retrieved 
but  by  your  Majesty's  assent  to  some  Law  for  preventing  the 
many  difficulties  and  abuses  it  doth  at  present  labour  under," 
etc.  Annexed, 

808.  i.  Heads  of  a  Bill  for  remedying  the  abuses  in  ye  New- 
foundland Trade.  Abstract :— (i.)  Trade  and  Fishery  to 
Newfoundland  to  be  open  and  free  to  all  H.M.  subjects, 
provided  the  fishing  ships  are  victualled  in  this  Kingdom 
with  all  necessaries,  salt  excepted,  for  the  whole  voyage 
or  fishing  season.  No  alien  or  stranger  (not  residing  in 
Great  Britain)  shall  take  any  bait  or  use  any  sort  of 
fishing  or  trade  in  Newfoundland  or  in  any  of  the  islands 
or  places  adjacent,  (ii.)  No  fishing  ship  to  carry  to 
Newfoundland  any  other  person  than  such  as  truly 
belong  to  the  ships  company.  Masters,  owners  or 
freighters  to  give  bond  at  the  Custom  House  in  £100, 
not  to  transport  any  other,  and  to  bring  back  into  this 


440  COLONIAL    PAPERS. 

1718. 


Kingdom  all  such  fishermen  or  other  persons  as  they 
shall  carry  out,  mortality  and  danger  of  the  seas  excepted, 
as  also  such  persons  as  shall  be  employ 'd  from  Newfound- 
land in  British  ships  with  fish  for  market  voyages.  In 
case  of  deserters,  the  masters  paying  such  persons'  share 
or  hire  to  the  Collector  at  the  port  whence  the  ship  set 
out,  shall  be  discharged  of  their  bonds  ;  or  if  no  complaint 
be  made  against  them  in  three  months  after  their 
return,  (iii.)  No  fishing  ship  to  carry  more  than  GO 
persons  to  100  tons  burthen,  (iv.)  Fishing  ships  to 
carry  one  green  or  fresh  man  in  every  five.  The  master 
to  take  oath  thereof  before  the  Collector  at  the  port 
from  whence  he  intends  to  sail,  without  fee.  (v.)  No 
fishing  ship  to  depart  out  of  Great  Britain  directly  for 
Newfoundland  on  a  fishing  voyage,  in  any  year  before 
10th  March,  nor  to  the  Isles  Cape  Verd  intending  from 
thence  to  Newfoundland,  before  15  Jan.  (vi.)  Accord- 
ing to  the  ancient  custom  used  in  Newfoundland,  every 
such  fishing  ship  from  Great  Britain,  or  such  fishermen 
as  shall  first  enter  any  harbour  or  creek  in  Newfoundland 
in  behalf  of  his  ship,  shall  be  Admiral  of  the  said  harbour 
or  Creek  during  that  fishing  season,  and  for  that  time 
shall  reserve  to  himself  so  much  beech  or  flakes  or  both, 
as  are  needfull  for  the  number  of  such  boats  as  he  shall 
there  keep,  with  an  overplus  only  for  the  use  of  one  boat 
more  than  he  needs,  as  a  privilege  for  his  first  coming 
thither.  The  masters  of  the  second  and  third  fishing 
ship  to  be  Vice-Admiral  and  Rear  Admiral  etc.  All 
ships  arriving  to  be  accommodated  according  to  the 
time  of  their  arrival  with  such  beech  or  flakes  as  they 
shall  have  necessary  use  for  and  no  more  etc.  (viii.)  And 
whereas  several  of  your  Ma j ties,  subjects  inhabiting 
in  Newfoundland  have  possessed  themselves  of  beaches, 
flakes,  stages,  rooms  and  other  conveniences  for  fishing, 
over  and  above  what  is  necessary  for  the  drying,  curing 
or  husbanding  their  fish,  and  making  of  oyle,  to  the 
great  prejudice  and  discouragemt.  of  the  Fishery  ;  none 
of  the  inhabitants  shall  henceforth  retain  or  possess  in 
any  year,  during  the  fishing  season,  any  beach,  flakes, 
stages,  rooms,  trainfats,  or  places  for  fishing,  other  than 
such  as  are  needful  for  the  number  of  boats  they  shall 
respectively  keep  and  actually  employ  in  the  Fishery 
there,  and  all  others  released  for  the  publick  use  of 
fishing  ships  etc.  (viii.)  No  inhabitant  or  planter  shall 
alienate,  sell  or  dispose  of  his  stages,  rooms,  flakes, 
beach  trainfats  or  fishing  places  to  any  person  ;  if  he 
shall  quit  the  same,  they  shall  remain  to  the  publick 
use  of  the  fishing^hips  etc.  Nor  shall  any  person  who 
may  hereafter  become  an  inhabitant  in  Newfoundland 
pretend  to  or  meddle  with  any  stage,  room,  beach,  flakes 
or  other  conveniencies,  or  make  use  of  any  such  until 
30  days  after  the  arrival  of  the  Admiral  or  the  three 


AMERICA   AND   WEST   INDIES.  441 

1718. 

first  fishing  ships  in  each  respective  harbour      (ix  )  No 
ballast  to  be  thrown  into  the  harbours,     (x.)  No  damage 
to  be  done  to  stages  etc.  on  departure,  but  these  shall 
be  repaired  with  timber  from  the  woods  and  not  bv 
breaking  down  stages  left  etc.     (xi.)  Trees  not  to  be 
rinded  etc.     (xii.)  Marks  of  boats  or  trainfats  not  to  be 
defaced.      Nets   and  bait  not  to  be  stolen  etc.     (xiii.) 
Capital  crimes  to  be  tried  in  any  county  in  England 
(xiv.)  And  whereas  it  has  been  found  by  experience,  that 
the  selling  and  retaling  of  wine,  beer,  rum,  and  other 
strong  liquors  to  the  seamen  and  fishermen  at  New- 
foundld.  was  always  prejudicial  to  the  Fishery,  and  that 
for  many  years  past  the  Adventurers  have  been  greatly 
discouraged  by  the  negligence,  debaucheries  and  dis- 
orders of  the  fishermen  and  seamen  from  engaging  in 
the  said  Fishery  ;  No  person  shall  set  up  or  keep  any 
tavern  or  victualling  house  in  Newfoundland,  for  selling 
of  wine,  beer,  rum  or  any  other  strong  liquor,  nor  shall 
sell  or  cause  to  be  sold  either  publickly  or  privately, 
any  such  liquors  by  retale,  to  any  seaman  or  fisherman' 
or  other  person  whatsoever,  on  penalty  of  forfeiting 
all  the  wine,  or  the  other  strong  liquors  that  shall  be 
found  in  his  own,  or  in  the  possession  of  him  or  them  that 
imploy'd  him,   one   half  whereof   to   the  informer  or 
informers,  and  the  other  half  to  your  Majesty,  for  the 
use  of  your  Majesty's  ships  of  war,  and  of  your  Majesty's 
garrisons  in  Newfoundland,     (xv.)  All  wines,  rum  or 
other  strong  liquors  imported   from  any  place  except 
Great  Britain  shall  be  forfeited  and  similarly  disposed  of. 
(xvi.)  And  whereas  the  masters  of  the  ships  in  general 
permit  the  seamen  to  run  into  the  inhabitants'  debt 
for  strong  liquors  in  order  to  secure  their  wages  on 
account  of  what  ye  inhabitants  owe  unto  the  said  masters ; 
whereby  many  of  the  poor  seamen  have  been  constrained 
either  to  remain  in  ye  country  as  servants  to  the  planters 
or  inhabitants,  or  to  dispose  of  themselves  for  New 
England  ;  and  in  the  meantime  their  families  become 
burthensome  at  home  to  their  respective  parishes  ;  to 
prevent  therefore  this  pernicious  practice,  no  wages, 
hire  or  share  of  the  voyage  shall  become  due  to  any 
seamen  or  fishermen  whatsoever  serving  on  board  any 
of  the  fishing  ships  that  proceed  annually  to  Newfound- 
land, until  ye  ship  arrive  at  her  discharging  port,  and 
her  lading  shall  be  put  on  shore  ;  nor  shall  the  masters 
advance  wages  to  any  of  their  ship's  company  etc.,  on 
penalty  of  repaying  the  same  again  at  the  expiration  of 
the  voyage  etc.     (xvii.)  Deserters  shall  lose  their  wages 
and  be  brought  home  by  one  of  H.M.  ships  of  war  and 
committed  by  the  chief  magistrate  at  the  first  port  in 
this  Kingdom  for  3  months  hard  labour,     (xviii.)  The 
Admirals  of  the  Harbours  in  Newfoundland  shall  take 
bonds  in  £100  from  the  masters  of  all  vessels  bound 


442  COLONIAL    PAPE&S. 

1718. 

thence  to  New  England  or  any  other  Colony  conditioned 
to  depart  before  or  at  the  time  your  Majesty's  convoys 
shall  sail  for  Europe,  and  not  to  return  to  Newfoundland 
again  that  year,  nor  carry  away  any  seaman  or  fisherman 
belonging  to  the  fishing  ships,  or  to  any  other  ships 
bound  to  any  port  in  Europe.  In  case  of  refusal,  such 
master's  ship  to  be  seized  by  any  of  your  Majesty's 
ships  of  war,  and  sequestred  to  your  Majesty's  use.  If 
any  of  the  inhabitants,  or  of  the  merchants  of  New 
England  shall  seduce  or  prevail  with  any  of  the  seamen 
or  fishermen  belonging  to  the  fishing  ships  to  remain  in 
the  land  after  the  departure  of  the  Fleet,  he  shall  be 
brought  home  by  the  Commander  of  your  Majesty's 
ships  of  war  and  forfeit  £20.  (xix.)  And  for  the  further 
encouragemt.  of  the  Trade  and  Navigation  of  this 
Kingdom,  no  unfree  ships  shall  be  permitted  to  fish  or 
trade  in  any  part  of  Newfoundland,  (xx.)  Admirals  of 
the  Harbours  to  preserve  the  peace,  see  that  the  aforesaid 
rules  are  duly  put  in  execution,  and  to  keep  Journals 
etc.  (xxi.)  and  to  settle  disputes  between  the  inhabitants 
and  masters  of  fishing  ships.  Appeals  to  lie  to  the 
Commander  of  H.M.  ships  of  war  etc.  (xxii.)  The  Lord's 
day  to  be  strictly  observed  by  all,  and  the  Admirals 
in  their  respective  harbours  to  appoint  some  proper 
person  to  read  prayers  etc.  (xxiii.)  Commanders  of 
H.M.  ships  and  the  fishing  Admirals  to  be  empowered  to 
apprehend  all  offenders  for  any  crime  committed  in 
Newfoundld.  on  shore  or  at  sea,  and  to  bring  them  into 
Great  Britain,  (xxiv. )  The  said  Commanders  or  Admirals 
shall  on  or  about  20th  Sept.  yearly  publish  in  their 
harbours  and  upon  the  shore  these  orders  and  laws  and 
forbid  all  seamen  or  fishermen  to  remain  in  or  upon 
Newfoundland  after  the  departure  of  the  ships  to  which 
they  belong.  [C.O.  195,  6.  pp.  464-484.] 

Dec.  25.  809.  Office  expences  of  the  Board  of  Trade,  Sept.  29 — Dec. 
25,  1718.  v.  Journal  of  Council.  [C.O.  388,  77.  Nos.  49,  52,  55, 
56.] 

Dec.  27.        810.     Robert  Armstrong,  Collector  of  Customs  in  New  Hamp- 

Port  of  New   shire,   to   the   Council   of   Trade   and   Plantations.      Refers   to 

Hampshire.    encioseci  account  of  timber  exported  from  New  England  to  Spain 

and  Portugal,  and  to  Lord  Bellomont's  letter  as  to  the  necessity 

of  preserving  the  timber  of  New  Hampshire  for  the  use  of  the 

Crown,  and  the  ill  consequences  that  might  attend  sending  it 

abroad  (v.  C.S.P.  1699  jjjf.),  "  wch.  is  now  partly  come  to  pass,  for 

I  am  satisfied  that  the  strength  of  the  Spanish  fleet  is  now  partly 

owing  to  the  timber  exported  from  hence,"  etc.    Signed,  Robt. 

Armstrong.     Reed.  3rd,  Read  5th  Feb.,  17£f .     1  p.     Enclosed, 

810.  i.  J.  Bridger  and  R.  Armstrong  to  Sir  Matw.  Dudley. 

Portsmo.,  New  Hampshire,  20th  Oct.  1718.     It  would 

be  serviceable  to  the  Crown  that  New  Hampshire  be 


AMERICA    AND    WENT    INDIES. 


•143 


810. 


810. 


1718. 

purchased  and  Mr.  Allen's  title  surrendered  to  H.M. 

It  would  in  a  great  measure  supply  the  Navy  with  masts, 

tarr,  hemp,  plank  etc.     Signed,  3 .  Bridger,  R.  Armstrong 

Copy.     I  p. 
ii.  Account     of    foreign     and     plantation     commodities 

imported  into  the  port  of  New  Hampshire  25th  Dec., 

1715—1716.     I  p. 
iii.  Account  of  timber  exported  from  New  Hampshire  to 

Spain  and  Portugal,    1712—1718.     ef.    Dec.    18.     1  p. 

[C.O.  5,  867.     Nos.  28,  28  i.-iii.;  and  (without  enclosures) 

5,  915.     pp.  248-250.] 

_Dec.^8._  811.  Commandant  Vanderhcyden  Rezen  to  the  Directors  of 
Jan.  8,  1719.the  Dutch  West  India  Co.  -Signed,  P.  Vanderheyden  Rezen. 
Rio  Essequibo.  Endorsed,  Read  30th  March  (N.S.)  1719.  Dutch.  Addressed 

Seal.     Postmark.     2pp.     [(7.0.116,22.     No.  1.] 
1718. 

Dec.  30.  812.  Mr.  Bridger  to  Mr.  Popple.  I  have  been  here  since 
Portsmouth.  22nd  Aug.  on  my  duty  and  must  remaine  in  order  to  preserve 
H.M.  woods,  or  leave  them  to  the  spoyle  of  the  people  etc.,  tho' 
no  salary  from  19th  June  etc.  Prays  for  a  representation  from 
the  Board  in  his  behalf  to  the  Admiralty  or  Treasury,  etc.  Signed, 
J.  Bridger.  Endorsed,  Reed.  7th,  Read  10th  Feb.,  17JJ. 
Addressed.  1  p.  [C.O.  5,  867.  No.  29;  and  5,  915.  pp.  252,  253.] 

Dec.  30.         813.     Mr.  Tickell  to  Mr.  Popple.     Encloses  following  to  be 

Whitehall.     laid  before  the  Council  of  Trade  and  Plantations.     Signed,  Tho. 

Tickell.     Endorsed,  Reed.  30th  Dec.,  1718,  Read  2nd  Jan., 

1  p.     Enclosed, 

813.  i.  Circular  letter  from  Mr.  Secretary  Craggs  to  the 
Governors  of  Plantations.  Copy  of  No.  803.  [C.O.  323, 
7.  Nos.  136,  136  i.  ;  and  324,  10.  pp.  221-225.] 

Dec.  31.  814.  Secretary  of  the  Lords  Proprietors  of  Carolina  to  the 
St.  James's.  Governor  of  South  Carolina.  Encloses  Declaration  of  War  with 
Spain  (No.  804)  and  Mr.  Craggs'  instructions  that  he  should  use 
his  utmost  endeavours  to  prevent  any  ammunition  or  stores  of 
any  kind  from  being  carry 'd  to  them  etc.  Signed,  R.  Shelton. 
[C.O.  5,  290.  pp.  131,  132.] 

815.  Council  of  Trade  and  Plantations  to  the  Chancellor 
of  the  Exchequer.  We  have  now  under  our  consideration  the 
incouraging  the  importation  of  Naval  Stores  and  particularly 
timber  and  iron  from  America  etc.  Desire  his  attendance  on 
Friday  at  9  a.m.  Mem.  The  same  letter  was*  writ  to  the  Rt. 
Honble.  Mr.  Smith.  [C.O.  324,  10.  p.  220.] 

Dec.  31.         816.     Mr.  Secretary  Craggs  to  the  Governor  of  the  Leeward 
Whitehall.     Islands.     The  trustees  of  John  Douglas  are  to  remain  in  the  quiet 
enjoyment  of  the  plantation  of  Pensez  y  bien  in  St.  Christophers, 
until  H.M.  shall  think  fit  how  to  dispose  of  that  part  which  was 
the  French  settlement  etc.     In  case  you  have  already  given  any 


Dec.  31. 

Whitehall. 


444  COLONIAL  CAPERS. 

1718. 

grants  to  dispossess  those  persons,  you  are   to  recal  the  same. 
tiigned,  J.  Craggs.     [C.O.  324,  33.     p.  207.] 

Dec.  31.         817.     Same   to   Same.     Similar   instruction   to   preceding   as 
Whitehall,     to  grants  of  land  held  by  Michael  Lambert,  John  Heldon,  William 

Woodrop,  Anthony  Tahi,  James  Thomas,  and  Edward  Warner. 

Signed,  J.  Craggs.     1  p.     [C.O.  152,  42.     No.  113  ;  and  324,  33. 

p.  208.] 

Dec.  31.         818.     Same  to  the  Co unci I  of  Trade  and  Plantations.     Encloses 
Whitehall,     following  for  their  report  thereon.     Signed,  J.  Craggs.     Endorsed, 
Reed.  1st,  Read  21st  Jan.,  17 }£.     1  p.     Enclosed, 

818.  i.  Memorial  by  the  Baron  de  Sohlenthal.  London.  Dec. 
!*- ,  1 7 1 8 .  Envoy  Extraordinary  of  the  King  of  Denmark 
and  Norway,  he  is  instructed  to  represent  to  the  King  of 
Great  Britain,  that  the  Directors  of  the  West  Indies  at 
Copenhagen  have  received  information  from  the 
Governor  of  St.  Thomas,  that  the  Spaniards,  and 
particularly  the  Governor  of  the  Island  of  Porto  Rico, 
nearest  to  St.  Thomas,  have  formed  the  design  of 
surprising  and  seizing  it,  only  awaiting  an  Order  from 
the  Court  of  Spain,  and  some  troops  to  reinforce  those 
which  are  there  having  there  already  three  ships  of  war 
and  a  barque  of  12  guns.  This  information  is  confirmed 
by  several  people  who  have  come  from  Porto  Rico, 
and  add  that  they  threaten  to  execute  this  design  next 
year  since  they  did  not  think  themselves  sufficiently 
strong  at  present.  As  the  preservation  of  this  Island 
is  of  the  utmost  importance  to  his  Danish  Majesty,  and 
the  Spaniards  have  no  right  or  pretention  to  it,  nor  will 
they  ever  be  able  to  prove,  that  they  have  been  given 
occasion  for  any  conflict,  still  less  for  such  violence,  the 
King  my  Master  flatters  himself,  that  His  Britannic 
Majesty,  by  his  natural  inclination  for  Justice,  and  by 
the  friendship  and  common  interest  existing  between 
the  two  Crowns,  will  not  only  disapprove  entirely  of 
an  enterprise  so  contrary  to  all  equity,  but  also  that  he 
will  be  pleased  to  give  such  orders,  that  his  Governor 
in  the  neighbouring  Islands  may  lend  assistance  to  the 
said  Island  against  the  Spaniards  in  such  case,  in  order 
that  the  evil  which  is  to  be  feared  therefrom  may 
be  averted  and  prevented  etc.  Signed,  Le  Baron  dc 
Sohlenthal.  Copy.  French.  2  pp.  [C.O.  152,  12. 
Nos.  125,  125  i.] 

[Dec.  31.]  819.  Joshua  Gee  to  the  Council  of  Trade  and  Plantations. 
The  monopoly  of  tar  by  the  Govr.  and  Company  of  Stockholm 
about  20  years  ago  oblig'd  the  Parliament  to  encourage  the  making 
that  commodity  in  our  own  Plantations,  and  soon  brought  down 
the  price  of  Swedish  tar,  and  now  we  have  so  much  of  our  own 
that  we  send  great  quantities  to  Hambro',  Bremen,  Holland, 
Portugal  etc.  Within  these  three  years  the  King  of  Sweden  set 


AMERICA    AND    WEST    INDIES.  445 

1718. 

forth  an  edict,  by  wch.  he  oblig'd  all  that  wanted  his  iron  to 
bring  their  silver  and  gold  for  it  etc.  Notwithstanding  the  care 
taken  last  Session  of  Parliament  to  incourage  the  importation  of 
iron,  the  quantity  imported  falls  very  short  of  a  sufficient  supply, 
and  England  does  not  make  a  third  part  enough  for  her  own 
consumption,  and  even  what  is  made  is  very  much  to  the  prejudice 
of  our  growing  timber,  and  may  in  a  short  time  render  it  so  scarce, 
that  we  shall  not  have  enough  for  building  our  own  shipping  etc. 
Norway  have  advanced  the  price  of  their  boards  above  90  p.c. 
and  their  timber  to  an  extravagant  price.  If  the  King  of  Sweden 
shou'd  carry  his  conquests  over  that  country,  our  supply  of  iron 
and  timber  will  depend  on  his  will  and  pleasure.  The  English 
Plantations  in  America  abound  with  wood  iron  and  copper  oar 
etc.  and  all  sorts  of  timber,  but  are  not  brought  from  thence, 
because  a  duty  is  imposd  on  them  here.  And  therefore,  for  want 
of  proper  incouragement,  we  are  forcd  to  send  out  ready  mony  to 
Sweden  for  iron,  and  to  Norway  for  timber  and  boards  etc.  At 
the  same  time  we  suffer  this  great  wound  in  the  ballance  of  our 
trade,  we  neglect  the  many  advantages  we  have  in  our  own 
Plantations,  and  put  the  inhabitants  there  upon  the  necessity  of 
working  up  their  own  wooll  for  cloathing  themselves,  to  the  great 
prejudice  of  the  manufacturers  of  this  Kingdom.  Sweden  and 
Norway  drew  from  Great  Britain  and  Ireland  for  iron,  copper 
timber  and  freight  etc.  £400,000,  all  wch.  commodities  we  might 
have  from  our  own  Plantations  and  brought  home  in  our  own 
ships,  and  all  purchas'd  with  our  own  manufactures  etc.  If  wo 
have  our  supply  of  timber  and  boards  from  our  own  Plantations, 
the  navigation  of  Sweden  and  Norway  will  soon  sink,  and  ours 
increase,  and  we  shall  have  a  new  supply  of  seamen,  and  our 
navigation  will  be  very  much  incourag'd  and  ships  that  go  to 
Virginia,  Maryland  etc.  for  freight,  when  they  meet  with  dis- 
appointments, instead  of  coming  home  empty,  will  at  least  have 
opportunities  of  taking  in  a  loading  of  boards  etc.  If  the  duty* 
were  taken  off  from  timber,  boards  pipe-staves  and  copper,  it 
would  be  sufficient  incouragemt.  for  persons  to  engage  therein. 
But  iron  works  are  such  chargeable  undertakings,  that  some 
bounty  or  reward  besides  the  taking  off  the  duty  will  be  necessary 
to  incourage  persons  to  lay  out  their  estates  in  erecting  them,  etc. 
The  iron  oar  of  America  has  been  found  upon  trial  to  be  as  good 
as  the  best  from  Sweden,  none  exceeds  it  for  gunn  barrils,  nor  will 
bear  a  better  proof,  nor  tis  thought  make  better  steel  etc.  If  pott 
ashes  were  made,  it  wou'd  not  only  consume  the  underwood  and 
help  to  clear  the  land,  but  be  of  great  advantage  to  the  publick. 
That  the  erecting  iron  works  may  no  way  interfere  with  our  iron 
manufactures,  and  that  in  that  respect  the  Plantations  may  have 
their  supply  of  iron  and  iron  manufactures  from  England  as  they 
now  have  ;  it  is  proposed  that  all  iron  made  in  the  Plantations 
shall  be  directly  imported  into  England,  and  all  such  iron  as  shall 
be  exported  again  shall  be  stampd  wth.  a  stamp  made  for  that 
purpose  at  the  same  port  where  the  same  shall  be  exported. 
Endorsed,  Reed.,  Read  31st  Dec.,  1718.  1J  pp.  [C.O.  323,  7. 
No.  135  ;  and  324,  10.  pp.  212-219.] 


446  COLONIAL    PAPERS. 


[1718.]  820.  General  Description  of  the  Spanish  West  Indies, 
written  in  1718.  By  Capt.  Domgo.  Gonzales  Carranza,  Principal 
Pilot  to  the  King  of  Spain  for  the  Flotas.  Translated  from  the 
original  Spanish  manuscript  and  presented  to  the  Duke  of  New- 
castle, one  of  H.M.  Principal  Secretary s  of  State,  1740.  Decorated 
title  page,  with  sketches  of  the  two  hemispheres.  Descriptions 
of  the  Spanish  West  Indies,  Bay  of  Mexico,  shoals  and  coast  as 
far  as  New  Spain  etc.,  with  sailing  directions,  currents  etc.  [C.O. 
319,  2.  pp.  1-69.] 

[1715-1718.]  821.  Extracts  of  letters  from  Captains  of  H.M.  ships  on  the 
Barbados  station  to  the  Governor,  1715 — 1718.  Copy.  3  pp. 
[C.O.  28,  43.  pp.  457,  457  A.] 

[?  1718.]  822.  Petition  of  Sir  John  Eyles  to  [?  Mr.  Secretary  Addison]. 
Prays  that  John  Floyer  may  be  appointed  Naval  Officer  of  the 
Leeward  Islands  now  vacant  by  the  death  of  Edward  Perry. 
The  place  is  worth  only  £100  a  year,  arising  from  perquisites,  so 
that,  unless  it  is  granted  for  life,  no  deputy  will  execute  it.  Sir 
John  entered  into  a  bond  to  compensate  Floyer  after  Mr.  Secretary 
Stanhope  had  withdrawn  his  appointment  as  Attorney  General  of 
Barbados,  Sir  John  having  intervened  on  behalf  of  the  then 
Attorney  General,  Mr.  Carter.  Having  been  assured  that  Mr. 
Floyer  would  be  soon  preferred  to  a  Commission  of  £300  pr.  ann., 
he  undertook  to  make  good  that  amount  until  he  received  such 
Commission  etc.  1  \  pp.  [C.O.  28,  43.  pp.  458,  458  v.] 

[?1716-1718.]  823.  Capt.  Coram  to  Mr.  Stanhope.  Clause  proposed  to  be 
inserted  in  bill  for  the  better  regulating  of  the  Charter  and  Pro- 
prietary Governments.  Signed,  Thomas  Coram.  Copy.  2  pp. 
[C.O.  5,  12.  ff.  109,  109  v.,  110  v.] 


(447) 


GENERAL    INJ)EX, 


\ 


(449) 


GENERAL  INDEX, 


Abbott,  Richard,  document  signed  by, 

438,  439. 
,    . . . . ,  plantation  of,  petition 

concerning,  31  I. 
,    . . . . ,    . . . . ,    . . . . ,   grant   of, 

31  i. 
Abraham,    Elizabeth,    deposition    of, 

359  i. 
Abram  (Abrahams),  Philip,  359  i. 

,  deposition  of,  359  vin. 

Acadie.    See  Nova  Scotia. 
Ac(k)worth,    Jacob,    Commissioner   of 

the  Navy,  document  signed  by, 

386. 
Acourt,  —  ,  case  of,  88. 

,   . . . . ,  report  upon,  159. 

Act  of  Parliament,  373  m,  iv. 

,  authority  of,  denied  in  N.E., 

616. 
,  confirmation  of  Treaties  by, 

question  concerning,  406. 
,      printed      copies      of,      for 

Governors,  147. 
,  for  ascertaining  rates  of  foreign 

coins,  observance  of,  required, 

402,  632,  687. 
,   . . . . ,    petition    against,    650, 

650  in. 
,  for   better   regulating    Charter 

and     Proprietary     Governments, 

clause  proposed  for,  823. 
,  for  encouragement  of  trade  to 

America,   amendment   of,   con- 
sidered, 471. 
,  for  the  encouragement  of  the 

Greenland  trade,  468,  478. 
,     to     encourage     the     trade     to 

Newfoundland,  550,  798. 
,    . . . . ,  infringements  of.     See 

Newfoundland  Fishery,  abuses 

in. 
for     establishing     posts     in 

America,  568. 
Wt.  441. 


Act  of  Parliament — cont. 

,  for  the   better  preservation   of 

H.M.  woods  in  America,  774. 

,  proposed,   616,   616  v, 

617. 

,     to    prevent    disturbances    by 

seamen,  91. 

,  for  preventing  mischiefs  etc.  by 

Quakers  etc.,  281. 

,    for     the    furtJier     preventing 

robbery  and  more  effectual  trans- 
portation of  felons,  681. 

for   remedying   abuses   in   the 

Newfoundland  trade,  draft  of, 
submitted,  798,  808,  808  I. 

,  for  the  more  effectual  suppres- 
sion of  piracy,  403-405. 

,    ,  revived,   91,   215,   471, 

658,  669  II. 

Acts  of  Trade  and  Navigation,  144  u, 
294,  307,  633,  636,  637,  785. 

,  enquiry  concerning,  636. 

,  instructions  concerning,  291. 

,  infringement  of,  in  R.I.,  com- 
plaint concerning,  759. 

,  not  violated  by  French  traders, 

227. 

Acts  of  the  Plantations,  printing  of. 
See  under  Plantations,  The. 

Adams,  Jos.,  document  signed  by, 
413. 

Addison,  Joseph,  Secretary  of  State 
for  the  Southern  Department, 
113,  551. 

,    document   signed    by, 

19,  20,  37-39,  73,  80,  81,  84, 
135,  136,  138,  167,  179,  180, 
220  i,  346,  403-405. 

,  letter  from,  3,  4,  22,  64, 

65,  67,  68,  69,  97,  102,  109, 
132,  149,  163,  165,  166,  218, 
222,  317,  593  i. 

letter  to,  2,  5,  8,  15,  18, 

61,  89,  90,  100,  104,  105,  127, 
144,  152,  159,  169,  175,  186, 
189,  211,  215,  220,  230,  255- 
257,  286,  318  n,  320,  327,  344, 
350,  376,  426,  431,  432,  822. 

,         . . . . ,        resignation        of, 

announced  to   Governors,   446. 
Adlington,  Walter,  affidavit  of,   169. 

C.P.  29. 


450                                  GENERAL  INDEX. 

Admiralty,    Lords  Commissioners   of,  Antigua,  Act— cont. 

Governors'     powers     of     Vice ,....,  to  encourage  importation 

Admiralty  restricted  by,  144.  of  white  servants,  objections  to, 

,  Instructions  by,  616.  570  I  (d). 

,  Instructions  to,  64.  , to  lie  probationary, 

letter  from,   303,   442,  whilst    a    new    act    is    passed, 

*"61'9"  570  i  (d). 

. ,  letter,  reference,  to,  298 ,   •  •  •  • ,  referred,  388. 

604,  658,  711  i,  812.  , »  report  upon,  435. 

Court,  Judge  of.    See  Penrice,         ,....,  for  erecting  a  new  church 

Sir  H  in  St.  Johns,  297,  570  I  (d). 

,  Courts,  trials  in.     See  under         , , ,  referred,  155. 

Plantations.  ,..v.  for  establishing  a  Court 

Office,  garden  of,  fire  in,  624.  of  King's  Bench,  repealed,  337, 

]....,  . . . . ,   . . . . ,   . . . . ,  documents  408. 

'  'destroyed  in,  624.  , » >  report  upon,  158, 

,  Secretary  of.    See  Burchett,  J.  171. 

Adventure,  H.M.S.,  10,  271,  566.  ,...., new,  proposed,  408. 

Agnascorangan,  261.  ,    to    indemnify    Anthony 

Aislabio,     John,    Chancellor     of     the  Browne  and  John  Eliot  from  an 

Exchequer,  815.  agreement    with    George    Pullen 

Alexander,  Col.,  regiment  of,  298.  etc.,  petition  against,  368  I,  512, 

Alford,  Daniel,  letter  from,  41.  570  I  (d). 

, ,  plantation  of,  St.  Kitts,         , , ,  referred,  368,  570 

proposal  to  purchase,  83.  I  (d). 

Allain,  Louis,  letter  to,  789  in,  TV.  , ,  objections  to,  191, 

Allen,     Jeremiah,     Treasurer,     Mass.,  192,  217. 

document  signed  by,  700  iv.  , ,    laying    5   p.c.    duty   on 

Alleyn,  Abel,  petition  of,  753 1.  dry    goods    etc.,    objection    to, 

,   . . . .,   . . . .,  referred,  753.  570  i  (d). 

f  . . . . , ,  report  upon,  767 ,....,  laying  an  additional  duty 

,  Timothy,  petition  of,  753  i.  upon  wines  etc.,  570  i  (d). 

. . . . ,   . . . . ,  referred,  753.  ,  . . . . ,  . . . . ,  Governor's  observ- 

,  . . . . ,  . . . . ,  report  upon,  767.  ations  on,  722. 

Alleyno,  Thomas,  Councillor,  Barbados,         . . , , ,  objection  to,  722, 

deed.,  56.  722  i,  802. 

Almsbury,  283.  ,    ,    new,    proposed, 

Amsterdam  Gazette,  The,  238.  802. 

Anderson,  John,  Councillor,  N.J.,  194 , ,  laying  a  powder  duty  etc., 

,  William,  Act  concerning.    See  570  i  (d). 

New  York,  Act  to  enable  etc.  ,  . . . . ,  to  prevent  the  increase  of 

Andros  I.,  737  in.  Papists,     objections     to,     297, 

Andros,  Lt.-Gov.  Sir  E.,  177  i.  297  i,  462. 

Angola,  ship  from,  660.  ,   ....,   ....,  petition    against, 

Anguilla,  I.    See  Virgin  Islands.  309. 

Anno,  Queen,  Address  to,  650,  650  in ,  . .  . .,  . . . .,  referred,  155. 

,  death  of,  284.  , , ,  report  upon,  297, 

, ,  grant  by,  26  i.  515. 

Anonymous  letter,  506,  508.  ,    . . , . ,   . . . . ,   . . . . ,  request  for, 

ANTIGUA  :     and    see    Hamilton,    W.,  470. 

Governor    of  ;      and    Leeward         ,    . . . .,    . . . . ,    repeal   of,    515, 

Islands.  584. 

,  Act,   constituting   a   Court   of        , ,  laying  duty  upon  foreign 

Chancery,  confirmed,  336,  408.  sugars,  rum  etc.,  objections  to, 

, report  upon,  158,  570  i  (d). 

171.  ,  prohibiting  the  importa- 

,    constituting    a     Court  tion  of  foreign  sugars,  736. 

Merchant,   570 1   (d).  ,     ,     arguments     in 

, ,  report  upon,  530.  favour  of,  547. 

,  . . . . ,  for  dividing  into  parishes         ,  . . . . ,  . . . . ,  discussed  in  Assem- 

(1692),  368  i.  bly,  495  I. 

, ,  to  enable  Arthur  Freeman         , , ,    enquiry    concern- 
ed, referred,  564.  ing,  487. 

,  report  upon,  581 , , , ,  hearing  of, 

» » ,  petition  for,  649.  postponement  requested,  538. 


GENERAL  INDEX. 


451 


Antigua,  Act,  prohibiting  the  importa- 
tion of  foreign  sugars — cont. 

,...., objection  to,  277  I, 

487,  495  i,  530. 

,  . . . . , ,  referred,  162,  495, 

531. 

,....,....,  new,  proposed,  487, 

547. 

,  . . . . ,  to  quiet  present  possessors 

of  lands   and   avoid   suits   etc., 
referred,  155. 

, ,  report  upon,  297, 

532. 

,  . . . . ,  new  act  recom- 
mended, 532,  736< 

,     . . . . ,   for    raising    a    tax    of 

£12,000,  570  i  (d). 

,    ,   for    settling    £1000    on 

Governor  confirmed,  64,  257  i. 

,  . . . . ,  . . . . ,  warrant  for  pay- 
ment, 73. 

,  Acts  of,  collection  of,  required, 

171. 

,     agent     of,     408 ;      and     see 

Nivine,  W. 

,    . . . . ,    Act    referred    to,    570 

i  (d). 

,  . . . .,  commission  of,  required, 

771. 

,  Assembly  of,  547,  692,  736. 

,  . . . . ,  Act  prohibiting  importa- 
tion of  foreign  sugars  etc.,  dis- 
cussion on,  495  i. 

,  . . . . ,  . . . . ,  new,  recommended 

to,  532. 

, ,  Address  by,  722,  722  i. 

, , reply  to,  722  I. 

,  . . . . ,  . . . . ,  concerning  4i  p.c., 

277. 

,  . . . . ,  claim  to  authorise  pay- 
ments, 722,  722  i,  802. 

,  . . . . ,  Journal  of,  transmission 

of,  required,  736,  736  n. 

,  . . . . ,  Speaker  of.   See  Warner, 

Ash  ton. 

Belfast,  368  i. 

,  Bridge  Town,  Church,  729  (6). 

,  Church,  act  for  building  a  new, 

570  i  (d). 

Churchwardens  of  St.  Philips, 

petition     of.       See    below,     St. 
Philips. 

,  Council  of,  358,  494,  547,  692, 

745  ;   and  see  Act  constituting  a 
Court  of  Chancery. 

,   ....,  Minutes  of,  358,  358  I, 

494  i,  515,  521,  740. 

,     . . . . ,     . . . . ,    required,    736, 

736  n. 

,  Council  and  Assembly,  Com- 
mittee for  auditing  and*  stating 
accounts,  442. 

,  Minutes  of,  722,  722  i. 

,    Councillors,    661,    704,    705, 

745,  752,  754,  769,  775,  797. 


Antigua,  Councillors — cont. 

,    ,  absent,    358,    647,  736, 

736  i,  797. 

, appointment  of,  358,  583. 

, death  of,  358. 

,    . . . . ,  persons     recommended 

for,   567,    573,    576,    710,    717; 

and  see  Barrington. 
,     . . . . ,    suspension    of.        See 

Morris,  Thomas. 
,  Court  of  Chancery.     See  Act 

constituting. 
,  . . . . ,  King's  Bench.    See  Act 

for  establishing. 

,  . . . . ,  Merchant,  Act  constitu- 
ting, 570  i  (d). 

Customs,  officers,  6,  570. 

,  . . . . ,  . . . . ,  complaint  against. 

See  Sales,  P. 
,     . . . . ,    . . . . ,    instruction    to, 

736. 

drought  in,  547. 

,      duty      on      British      goods, 

570  i  (d). 
,  4 £    p.c.    duty,    collectors    of, 

instruction  concerning,  736. 
,  . . . . ,  . . . . ,  notice  of  appoint- 
ment of,  required,  570. 

,  . . . . ,  infringement  of,  495  i. 

,  . . . . ,  places  for  collection  of, 

address  for  increase  of,  277. 

,  . . . . ,  objection  to,  277. 

Governor  Hamilton  at,  494  ; 

and  see  Hamilton.  W. 
,     Governor     of,     petition     for 

appointment  as,  312  i. 

, ,  ,  referred,  312. 

,  harbour  of,  40. 

,  inhabitants,  losses  of,  547. 

,  .  . . . ,  migration  of,  40,  547. 

,   lands  in,   titles  to,  act  con- 
cerning.  See  Act  to  quiet  present 

possessors. 
,  Lt. -Governor  of.     See  Byam, 

Edward. 
,     Lt.-Governor,     Council    and 

Assembly,  address  of,  411,  412. 
,    merchants,    traders    and    in- 
habitants, address  by,  413. 

negroes,  547. 

,   . . . . ,  market,  495  i. 

,  Papists  in.    See  Act  to  prevent 

increase  of. 
,  disloyalty  of,  deposition 

concerning,  335. 

, ,  services  of,  297,  515. 

,    . . . . ,   invited   to   remove   to 

Martinique     and     Guadeloupe, 

309. 
payments   of   public   money, 

instructions     concerning,     722, 

722  i. 
,   . . . . ,   . . . . ,  Assembly's  claim 

and  act  infringing,   722,   722  i, 

802. 


452 


GENERAL  INDEX. 


Antigua — cont. 

,  pirates,  depredations  ot,  298. 

298  i-in.       And    see    Leeward 

Islands. 
,  powder  officer,  nomination  of, 

claim  concerning,  722,  722  I. 

,    prerogative    of    the    Crown, 

infringement  of,  532,  722,  802. 

Quakers,  297. 

,   recusants   in,    297;     and   see 

Act  to  prevent  increase  of  papists. 
,  St.  Philip's  parish.     See  Act 

to  indemnify  Anthony  Brown. 
,     Churchwardens     and 

Vestry  of,   deposition  by,   729 

(a)  (6). 
,  ....,  petition    of,    192,    217, 

368   I. 

t ,  referred,  368. 

,  . . . . ,  new  Church  in,  opposi- 
tion to,  729  (a)  (6). 
,  ship  of,  seized  by  Spaniards, 

692,  692  vi-vm. 
,   . . . . ,    . . . . ,  by  pirates,   29S, 

298  in. 
,  sugar,  price  of,  547  ;    and  see 

Act  prohibiting   importation   of 

foreign. 

,  sugar  crop,  reduction  of,  547. 

t    Three    Maries,    ship,    order 

concerning,  761. 

Treasurer  of,  277  I. 

Willoughby  Bay,  368  I. 

A  pros,  James,  document  signed  by,192. 
Arambaru    (Arambara),    Don   Manuel 

de,   252  u,  v  ;     and  see  Nuestra 

Senora  de  Belem. 
Archbould,  James,   recommended   for 

Council,  Jam.,  53. 

,  . . . . ,  . . . . ,  appointed,  1 44. 

Arents,  Jacob.     See  New  Jersey,  Act 

for  naturalising. 

Argyll,  Duke  of.    See  Campbell,  John. 
Arlington,  Baron.     See  Bonnet,  H. 
Armstrong,   Robert,    Collector,   N.H., 

letter  from,  810,  810  I. 

,  praise  of,  307. 

William,    Lt.,    petition    of, 

report    upon,     543 ;      and    see 

Nova    Scotia,    lands    between 

Maine  and. 
Army,  Controllers  of  Accounts,  report 

by,  550. 
Arnald,  Michael,  document  signed  by, 

413. 

Arowsick,  I.,  193,  261. 
Arundell,  Benjamin,  document  signed 

by,  298  v. 

Ashurst,  Sir  William,  735. 
Ashley,   Maurice,   a   Lord   Proprietor 

of     the     Bahamas,     document 

signed  by,  176,  183,  360  I,  630- 

632,  687,  694-696. 
»     . . . . ,     . . . . ,     surrender     of 

Government  by,  183. 


Ashworth     (Ashwood),     French    ship 

seized  by,  591  n. 

,  . . . . ,  imprisoned,  591  n. 

,  . . . . ,  prosecution  of,  petition 

for,  591  11. 

, , ,  order  for,  643. 

,    ,    proposed, 

606. 
Asiento  Company,  the,  196,  356  ;   and 

see   Jamaica,    Act   laying   duty 

on  negroes  exported  ;  and  South 

Sea  Co. 

,  Agent  of,  737  iv,  797. 

Assaillie,   Martha,   plantation   of,   St. 

Kitts,  case  of,  134  vi-ix,  691. 
,....,...., ,  enquiry 

into,  66. 
>  ....,  ....,  ....,  ....,  . . . . , 

order  for,  66. 
Athy,      Elizabeth,      564 ;       and     see 

Antigua,     Act     to     enable     A. 

Freeman. 
Attorney  General,  The.    See  Northey, 

Sir  E.  ;    Lechmere,  Sir  N. 
,  consulted  by  Board  of  Trade, 

409. 
Counsel   to  relieve,  proposed, 

409. 

,    ,   appointed,    496,    502. 

Attwood,  Anthony,  692. 

,   . . .  . ,  deposition  of,  692  vi. 

Auditor   General   of   the   Plantations. 

See  Blathwayt,  W. 
Avery,  pirate.     See  Every. 
Axtell,    Daniel,    owner    of    privateer 

(Jam.),    131  i,  n,  iv,  v. 

,  . . . . ,  bond  taken  from,  131  in. 

,    . . . . ,    document    signed    by, 

252  iv  ;  and  see  Nuestra  Senora 

de  Belem. 
,  . . . . ,  prosecution  of,  petition 

for,  591  u. 
,  . . . . ,  . . . . ,  order  for,  proposed, 

606. 

, ordered,  643. 

Aylmer,    Whitgift,    recommended    for 

Council,  Jam.,  53. 

Ayscough    (Ascough),    John,    recom- 
mended for  Council,  Jam.,  116. 

,  . .  .  . ,  . . .  . ,  appointed,  144. 

Azilia,   settlement    of.        See    Mount- 

gomery,   Sir  R. 
Azores,    trade    with.       See    Western 

Islands. 


B.,  A.,  letter  from,  508. 
Bachelor,       Marmaduke,       document 
signed  by,  413. 


GENERAL  INDEX. 


453 


BAHAMA  ISLANDS,  THE. 

,  Abacoa  I.,  737. 

,  Admiralty  Court,  Judge  of. 

See  Fairfax,  W. 

,  aid  for,  solicited  from  Jamaica 

and  New  York,  737. 

,  Assembly,  proposed,  737. 

report  concerning,  re- 
quired, 220  ii. 

,  Carolina,  relations  with,  389, 

423,  737. 

Catt  I.,  raided  by  Spaniards, 

737  vn,  vni. 

,  Civil  Government  for,  pros- 
pect of,  220,  220  ii. 

,  Collector  of  Customs,  737. 

Company,  charges  of,  com- 
pensation for,  requested,  807. 

, ,  ships  of,  detained,  737. 

,  condition  of,  neglected,  220  i. 

,  . . . . ,  report  upon,  awaited, 

220. 

,  Council  of,  220  i. 

, ,  Minutes  of,  737  n. 

,  Councillors,  appointment  of, 

by  Governor,  737. 

,  ,  confirmation  of, 

requested,  737. 

,  . . . . ,  persons  to  be  recom- 
mended for,  220  ii. 

,  Crooked  Island,  551  vi. 

,  Eleuthera,  I.,  (Islethera),  551 

IV. 

, attack  on,  by  Spaniards, 

designed,  737. 
,    . . . . ,  Lt.  Governor  of.     See 

Holmes,  E. 

Exuma,  551  n,  737  vii. 

French,    attack    by,    feared, 

737. 
garrison      ordered    for,     64, 

220 1 ;     and    see    Independent 

Company  at. 
Governor    of,    64 ;     and    see 

Rogers,  Woodes. 

,  guardship  at,  556,  737. 

,    . . . . ,   complaint   concerning, 

807. 
,  . . . . ,  to  be  under  direction  of 

Governor  and  Council,  request 

for,  737,  807. 
Harbour  I.,   attack     on,   by 

Spaniards,  designed,  737. 

,  . . . .,  fortification  of,  737. 

,  . . . . ,  inhabitants  of,  737. 

,  . . . .,  Lt.  Governor  of,  737. 

,  . . . . ,  map  of,  737. 

,  . . . . ,  militia  of,  737. 

,  . . . . ,  pirates  at,  64. 

,  importance  of,  recognised,  64. 

,  Independent  Company  at,  167, 

737. 

,  . . . .,  commissions  for,  278. 

,  establishment  of,  re- 
quested, 287. 


Bahama  Islands,  Independent  Com- 
pany at — -cont. 

,  losses  of,  737,  737  I. 

,  victualling  of,  287. 

,  second,  request  for,  807. 

.......  inhabitants,  character  of,  737. 

,  Islethera.    See  Eleuthera. 

Lords  Proprietors,  rights  of, 

leased  to  Capt.  Rogers,  183. 

,  . . . .,  minors,  183,  221. 

,  . . . . ,  Secretary  of.  See 

Shelton,  Richard. 

,  . . . . ,  surrender  of  Govern- 
ment by,  166,  183. 

, deed  of,  166,  176, 

420. 

delay  in, 

proposed,  183. 

,  ,  re- 
jected, 184. 

,  . . . . ,  . . . . ,  . . . . ,  validity  of, 

enquiry  concerning,  183,  220, 
221,  249. 


reply  to,  250. 

. ,  . . . . ,  . . . . ,  . . . . , report 

upon,  255. 

. ,  map  of,  737. 

.,  marooners,  737. 

. ,  memorial  of  merchants  con- 
cerning, 286. 

.,  Militia  formed,  737. 

. ,  Nassau.  See  under  Bahamas, 
Providence  I. 

.,  Naval  officer,  737. 

. ,  Palatines,  estimate  of  trans- 
porting to,  76. 

. ,  pirates  at,  64,  220 1,  551,  591  n ; 
and  see  Hornigold  ;  Vane,  etc. 

,  atrocities  by,  551  i-x. 

,  captured,  807. 

. ,  dislodgement  of,  64, 

389,  471,  551,  737. 

. ,  . . . . ,  inhabitants'  sympathy 
with,  737,  807. 

.,  . . . .,  numbers  of,  474,  551  iv, 
556. 

,  rendezvous  of,  389. 

. ,  . . . . ,  ships  taken  by,  737, 
797,  797  vi. 

, ,  . . . . ,  pardon  of,  Proclamation 
for,  345,  720. 

, ,  extended,  737. 

. ,  . . .  . ,  surrender  of,  345,  345 
i-m,  384,  474,  485,  720,  736. 

, ,   . . . . ,   . . . . ,  checked,  474. 

,  . . . . ,  instructions  con- 
cerning, requested,  474. 

, ,  . . . . ,  surrendered,  effects  of, 
question  concerning,  720. 

., , revert,  737,  797. 

. ,  .  . . . ,  trial  of,  commission 
for,  405,  737  ;  and  see  Planta- 
tions, Governors. 

, .  . . . . ,  . . . . ,  sent  home  for,  807. 


454 


GENERAL  INDEX. 


Bahama  Islands,  pirates  at — cont. 

,  threaten  H.M.S.  Phoenix, 

551. 
, ,  Virginian  sloop  sent  to 

investigate,   10,   10  i-vm. 
, traffic  with,  arrest  for, 

737. 

position  of,  737. 

,  produce  of,  737. 

,  prospects  of,  737. 

Providence  I.,  New,  Nassau, 

fort  at,  rebuilding  of,  737,  807. 
,    . . . . ,    fortifications    at,    pro- 
posed, 737. 
,  pirates  at.  See  Bahamas, 

pirates. 
,      . . . . ,     Spanish     expedition 

against,  designed,  797. 
,  . . . . ,  stores  of  war  needed  for, 

737  vi. 

,  salt-raking,  551. 

,      settlers,     expected,      from 

Carolina,  423,  737. 
,    . . . . ,  . . . . ,    from    Bermuda, 

737. 
,    . . . . ,     . . . . ,  from    Anguilla, 

invited,  737. 
,  ships  of  war  leave,  complaint 

concerning,  737. 

,  sickness  at,  737,  737  i. 

,  Spaniards,  raid  by,  737,   737 

VII,  VIII. 

,    . . . . ,    designed,    737, 

737  vii,  vni,   807. 

,  raid  by  (1682),  104  I. 

,    . . . . ,   ships   seized   by,    737, 

737  in,  iv,  v,  vi,  vin. 
,    . . . . ,    war    with,    rumoured, 

807. 

,  Stocking  I.,  737  vii. 

,   stores   of   war   required   for, 

737  vi. 
trade   with   Cuba,    737,    737 

in. 
Baird,      Peter,      recommended      for 

Council,  N.J.,  739. 
Baker,     —   ,   merchant   of    London, 

Agent   for   opposition   to   New 

York  money  bills,  650. 
Thomas,  pirate,  trial  of,  575, 

575  i. 
Balcher  (Baltchin),  John,  Capt.,  R.N., 

contract  signed  by,  280  n. 

letter  from,  280  i,  303. 

Baldwin,  R.,  printer,  Jam.,  681  iv. 
Ball,  Guy,  document  signed  by,  742 

XIV. 

Baltimore,  Lord.    See  Calvert. 
Bambridge,  John,  739. 
Bampfield,    George,    Agent    for    Bar- 
bados,   document    signed    by, 

»     • . . . ,    Agent    for    Governor 

Hunter,  112,  274. 
» letter  from,  14. 


Baiikes,  Richard,  proposal  by,  to 
purchase  the  late  French  part 
of  St.  Kitts,  28,  145,  156. 

Baracoa,  Alcaid  of,  737  vii. 

Baran,  Nathaniel,  deposition  of,  737 
in. 

BARBADOS,  345. 

,  Act,  additional,  to  act  to 

ascertain  payment  of  bills  etc., 
referred,  216. 

,  . . .  . ,  report  upon,  273. 

rnalty  extra- 
„, 

,  . . . . ,  to  confirm  certain  deeds 

etc.,  212. 

,  . . . . ,  defraying  expenses  of 

Commissioners  of  Contracts,  de- 
fence of,  742. 

, for  docking  an  entail  and 

vesting  the  fee  simple  in  A.  Tickle 
and  Francis  Jemmot,  confirmed, 
52,  160. 

, referred,  70. 

,  . . . . ,  . . . . ,  report  upon,  107, 

143. 

,  . . . . ,  empowering  licentiate 

lawyers  to  practise  etc.,  argu- 
ments for  confirmation  of,  517. 

,  . . . . , defence  of,  oppor- 
tunity for,  requested,  742. 

,  . . . . ,   . . . . ,  objection  to.  535. 

,   . . . . ,   . . .  . ,  report  upon,  572. 

,  . . . . ,  laying  duty  on  foreign 

sugar,  160,  547,  611. 

,  . . . . ,  . . . . ,  reasons  for,  103, 

103  i,  148. 

,  . . . . ,  . . . . ,  report  upon,  148. 

,  , . . . ,  laying  an  imposition  on 

wines,  defence  of,  742. 

,  laying  tax  on  negroes, 

742,  742xm,  743. 

,  Acts,  affecting  trade  and 

shipping  of  Great  Britain,  only 
to  be  passed  with  suspensory 
clause,  142. 

,  remarks  of  Council 

of  Trade  upon,  561. 

,  . . . . ,  . . . . ,  reports  upon,  471. 

,  . . . . ,  concerning  fees,  petition 

against,  210,  229. 

,  . . . . ,  . . . . ,  repeal  of,  proposed, 

259. 

,  Agents  of,  148;  and  see 

Bampfield,  G.  ;  Micklethwaite, 
J. 

,  letter  to,  159  iv,  517. 

, memorial  by,  103,  103  i. 

, ,  petition  of,  68  i,  159  in. 

,  . . . . ,  . . . . ,  referred,  68. 

,  Asiento  ships  sent  to,  272. 

...«..,  Assembly  of,  Journal  of,  471. 

Attorney  General  of,  572. 

,  Blanco,  ship,  case  of,  742. 

,  sale  of,  account  of, 

742  xv. 


GENERAL  INDEX. 


455 


Barbados — cent. 

,  Clergy  in,  character  of,  68  I, 

88. 

,   . . . . ,  complaint  against,  88  ; 

and  see  Gordon,  W.  ;   Langton  ; 
Acourt ;    Bishop  of  London. 

coins,  currency  in,  paper.    See 

Act  additional  to  act  to  ascertain 
payment  of  bills  etc. 

Commissary,  appointment  of, 

by  Bishop  of  London,  88. 

,  . . . . ,  powers  of,  159  ;   and  see 

Gordon,  W. 

,   Commissioners  of  Contracts, 

Act  defraying  expenses  of,  742. 

, Minutes  of,  743. 

,  Committee  of  Public  Accounts, 

742,  742  xiii,  743. 

,    document   signed    by, 

742  xiv. 

,  Committee  of  Correspondence, 

letter   from,    159,    159  iv,   517, 
572. 

Council,  Minutes  of,  471,  472. 

Councillors,  56. 

,  . . . . ,  appointment  of,  75,  81. 

,   . . . . ,  leave    of    absence    for, 

79,  87. 

,    persons   proposed   for, 

448,  534. 

,      suspended,      caveat 

against,    698 ;     and    see    Cox, 
Samuel. 

,    Court    of    Chancery,    appeal 

from,  79. 

,    . . . . ,  causes  determined  in, 

742  HI. 

,  . . . . ,  constitution  of,  158. 

Court  of  Errors,  causes  deter- 
mined and  depending  in,  742  n. 

,   Court,  ecclesiastical,  attempt 

to  erect,  protest  against,  68  I. 

,    . . . . ,    . . . . ,     ,    referred, 

68. 

,  . . . . ,  . . . . ,  report  upon,  159. 

,    . . . . ,    . . . . ,    repudiated    by 

Bishop  of  London,  88. 

,    Curl,    Rebecca,    pardon    for, 

179. 

,   Customs,   Collector  of.      See 

Lascelles,  Henry. 

,    . . . . ,    Surveyor   General   of, 

277. 

,  duel  in,  490. 

,     . . . . ,     petition     concerning. 

See  Harwood,  Lucy. 

,  fees,   acts  affecting,   petition 

against,  210,  229. 

fortifications,  tax  for  repairing, 

742,  742xm,  743. 

,   . . . . ,  . . . . ,  accounts  of,  742, 

742iv-xm,  743. 

, state  of,  534,  742  IV-XH. 

4£  p.c.  duty,  534. 

Governor  of.   See  Lowther. 


Barbados — cont. 

,  Grand  Jury,  presentment  of, 

against  clergy,  88. 

,  grant  of,  to  Earl  of  Carlisle, 

534. 

,  guardships,  298,  471  ;   and  see 

Scarborough. 

,  Captains  of,  letters  from, 

821. 

,    from   L.I.,   victual   at, 

691,  797. 

,  inhabitants  decrease  of,  cause 

of,   93. 

,  lands  in,  grants  of,  account  of, 

534. 

,  Naval  Officer.    See  Cornelius, 

John  ;    Betts,  Thomas. 

,  negroes,  797  iv. 

,    . . . . ,    number    required    per 

acre,  103  i. 

,  . . . . ,  runaway,  to  Martinique, 

77,  763,  767i. 

,  . . . . ,  .  . . . ,    Governor    refuses 

to  apply  for,  753  i. 

,  . . . . ,  return  of,  petition 

for,  753  i. 

,    . . . .,    . . . .,    . . . .,    . . . .,   re 

f erred,  753. 

,  . . . . ,  . .  . . ,  . . . . ,  report 

upon,  767. 

,    ,   tax  on,   742,   742  xm, 

743. 

,  patent  offices  in,  petition  con- 
cerning, 210,  229. 

, leave  of  absence  for,  792. 

,  pirates,    10,   298  n,   in,   471; 

and  see  Bonnet ;    Teach. 

,    . . . . ,    depredations   of,    471, 

797  n,  iv. 

,  . . . . ,  goods  captured,  disposal 

of,    question    concerning,    742, 
742  xv. 

,  pardon  of,    commission 

for  granting,  405,  716i. 

,  .  . . . , Proclamation  if  or, 

471. 

,  trial  of,  commission  for, 

despatch  of,  urged,   742  ;    and 
see  Plantations,  Governors. 

,  pressing  of  seamen,  question 

of,  471. 

, ,  referred,  471. 

,       Provost       Marshal.        See 

Reynolds,  Thomas. 

, ,  deputy,  210. 

,    . . . . ,   fees   of,   petition   con- 
cerning, 210,  229. 

,     . . . . ,     . . . . ,    acts    affecting, 

210,  229. 

public    papers    required    by 

Council  of  Trade,  561. 

,   purchase   of,   by   Charles   II, 

534. 

,  Receiver  General.      See  Bar- 
wick,  S. 


456 


GENERAL  INDEX. 


See 


Barbados — cont. 

,   Registrar  in  Chancery. 

Cracherode,  A. 

, ,  deputy  of,  210. 

9    . . . . ,   fees   of,   petition   con- 
cerning, 210. 

, acts  affecting,  210. 

,   religious    condition     of,    de- 
plored, 88. 

t  Revenue  and  public  debts,  ac- 
count of,  742,  742  xm,  xiv,  743. 

,     ,    Committee    of    public 

accounts,  delays  by,  534 


534  ii. 

.,  seal,  new,  for,  127,  150. 
. ,  . . . . ,  . . . . ,  warrant  for  using, 

127,  135,  142. 

.,  Secretary    of.       See     Mickle- 
thwaite,  Joseph. 

,, ,  deputy  of,  210. 

, ,    . . . . ,   fees   of,   petition   con- 
cerning, 210,  229. 

, ,     ,    acts    affecting, 

210,  229. 

,  ship  taken  by  pirates,  791  iv. 

,  soil  exhausted,   103  i. 

,  Solicitor  General  of,  572. 

,  Speights  Town,  490. 


Barringtoii,  J.,  letter  from,  567,  596, 
705,  717. 

, letter  to,  576,  710. 

Barren,  T.,  plea  by,  122. 

Barrow,  Thomas,  Jam.,  322. 

Barsheba,  131  iv,  v  ;   and  see  Jamaica, 
privateers. 

Barton,  Leonard,  deposition  of,    117, 
131  v. 

Barwick,     Samuel,     Councillor,     Bar- 
bados,   leave    of    absence    for, 
137,  138. 
. . . . ,  petition  for,  57  I,  79,  87. 

ms7ruc"tions   to,         .' .' >  restored,   137,   138. 

t       . . . . ,      Receiver      General, 

charges  against,  476. 
Barzey,    William,    Councillor,    Mont- 

serrat,  death  of,  797. 
Basden,  James,  551 1. 
,     . . . . ,     robbed     by     pirates, 

561  iv. 
Baskett,  John,  H.M.  Printer,  Acts  of 

Plantations  printed  by,  51,  67, 

728,  734. 
,    ,  letter  from,   469,   721, 

729. 

,  letter  to,  715,  734. 

Basse,  Jeremiah,  late  Secretary,  N.J., 

misbehaviour  of,  284. 


stores    of    war,    account    of Act  reducing  fees  of,  284. 

e\ T-» j-j.    i;i7':ii:«,~,     ^^,•,•^^11^.-^    ~\Tn,       ono 


742  iv-xn. 

,    sugar,    foreign,    imports     of, 

148,  156. 
,    trade,    competition   of 

French  and  Dutch,  534. 
,   .  . . . ,   remedy  for,  pro- 
posed, 534  ;   and  see  Act  laying 

duty  on  foreign. 

trade,  148,  156,  534,  742. 

illegal,  with  French  W.L, 

measures  to  prevent,  767. 
,      . . . . ,     with     Madeira     and 

Western  Islands,  797  iv. 

,  . . . . , return  of,  742. 

,  . . . . ,  . . . . ,  ordered,  471. 

, with  N.H.,  796. 

,      Treasurer.       See      Sutton, 

Edmund. 
Barberie,     John,     Councillor,     N.Y., 

document  signed  by,  738  i. 
Barkeley,  J.    See  Berkeley,  Earl  of. 
Barker,  Samuel,  738  n. 
Barkstead,   J.,   document  signed   by. 

445i. 

Joshua,  letter  from,  383  in. 

Barnard,   James,   deposition   of,    729, 

(a)  (6). 
»   John,   document   signed   by, 

»  Thomas,  Councillor,  Bahamas, 

737. 


Bassett,  William,  Councillor,  Va.,  209. 

, ,  wife  of,  209. 

Bateman,  Ja.,  Sub-Governor  of  South 

Sea  Co.,  document  signed  by, 

178i. 
Bathurst,  Richard,  recommended  for 

Council,  Jam.,  53. 
Bayer,  Bayer  Otto,  document  signed 

by,  413. 
,  John  Otto,  document  signed 

by,   413. 
Beamor,  John,  document  signed  by, 

399. 
Beauchamp,        Robert,        Councillor, 

Bahamas,  737. 

,  . . . .,  commendation  of,  737. 

,     . . . . ,    Lt.    of    Independent 

Company,  737. 
,    . . . . ,     commission   of, 

167. 
Beaufort,    Duke    of.       See    Somerset, 

Henry. 

Beaver,  ship,  670. 
Beckford,  — ,   218  i. 
,   . . . . ,  Controller  of  Customs, 

Jam.,  681. 

,  Peter,   Speaker,   Jam.,  docu- 
ment signed  by,  37. 
,       . . . . ,      recommended      for 

Council,  Jam.,  53. 
Thomas,  679. 


Barnet,    Jonathan,    privateer,    Jam.,         ,    ,    Councillor,    Jam.,    re- 


commission  and  instructions  of, 

131 1,  n,  iv,  v. 

,  bond  of,  131  in. 


moved,   144. 
Bedmar,  Marquis  de,   104  i. 
Beef  I.    See  Virgin  Islands. 


GENERAL  INDEX. 


457 


Beekman,    Gerard,    document    signed 

by,  738  i. 

Beersheba,  sloop,  case  of,  681  ix. 
Bellomoiit,  Earl  of.  See  Coote,  Richard. 
Beiibow,    Rear-Admiral,    letter    from, 

593  iv  (a),  623,  624,  624  I. 

,   . . .  . ,   . . . . ,  enquiry  for,  623. 

,  . . . . ,  . . . . ,  burnt  in  Admiralty 

fire,  624. 

,  letter  to,  593  iv  (6). 

Bendall,    Hopefor,    document    signed 

by,  413. 
Bendish,    Thomas,    owner    of    Bennet 

privateer,  131  v  ;   and  see  Jam- 
aica privateers. 
,    payment    of    piratical 

effects  to,  225. 
,  . . . . ,  prosecution  of,  petition 

for,  591  ii. 
,....,....,  order  for,  proposed, 

606. 

, , ordered,  643. 

Benham,  — ,  181. 

Bennet,    sloop,    case    of,     131  iv,    v, 

681  ix ;      and      see      Jamaica, 

privateers. 
Bennet,     George,     Councillor,     Jam., 

removed,    144. 

,  . . . .,  recommendation  of,  53. 

,  . . . . ,  . . . . ,  withdrawn,  116. 

,  H.,  Baron  Arlington,  104  I. 

, ,  letter  to,  104  I. 

Bennett,     Benjamin,     Lt.     Governor, 

Bermuda,  737. 
,   certificate  of  surrender 

issued     by,     to     pirates,     345, 

345  i. 
,     commission    of,     for 

pardoning  pirates,  despatched, 

714,  714  i,  720. 
,  . . . . ,  . . . . ,  for  trying  pirates, 

404 ;      and     see     Plantations, 

Governors. 

,   . . . . ,  instructions  of,  720. 

,     . . . . ,     . . . . ,    alterations    in, 

667. 
,    . .  . . ,    concerning  acts 

affecting    trade    and    shipping, 

90  i,  111. 
,    ,  letter  from,   345,   384, 

467,   474,   485,   486,    551,   580, 

608. 
,  ..-..,  letter  to,  345  n,  HI,  465, 

720. 
,   public  papers  required 

from,  720,  720  i. 
,  . . . . ,  queries  from  the  Board 

of  Trade,   replies   to,   delayed, 

474. 
Capt.,    son    of    above,    345, 

345  n. 

Sir  John,  letter  from,  714. 

Beresford,  Richard,  Agent  of  Assem- 
bly, S.  Carolina,  letter,  mem- 
orial from,  238,  256,  600,  699. 


Berkeley  (Barkeloy),  James,  Earl  of 
Berkeley,  a  Lord  Commissioner 
of  the  Admiralty,  document 
signed  by,  619. 

,  William,  Lord,  a  Lord  Pro- 
prietor of  the  Bahamas,  docu- 
ment signed  by,  176,  183. 

,  . . . . ,  surrender  of 

government  by,  183. 

,  . . . . ,  . . . . ,  lease  to  Capt. 

Rogers  signed  by,  183. 

Berkley,  Edmund,  Councillor,  Va., 
209,  799. 

death  of,  800. 

wife  of,  209. 

BERMUDA,  Act,  for  the  better  observa- 
tion of  the  Lord's  Day,  addi- 
tional clause  to,  criticism  of, 
720  n. 

to  lie  probational, 

720i. 

,  limiting  time  the  names 

of  persons  bound  off  the  island 
shall  be  published,  to  lie  pro- 
bational, 720  n. 

,  . . . . ,  prolonging  act  to  supply 

deficiency  for  building  Governor's 
house  etc.,  criticism  of,  345, 
720  H. 

,  . . . . ,  . . . . ,  to  lie  probational, 

720  n. 

,  . . . . ,  . . . . ,  additional  clause 

to,  criticism  of,  720  n. 

,  . . . . ,  . . . . ,  . . . . ,  to  lie  proba- 
tional, 720  n. 

,  Acts  affecting  trade  and 

shipping,  instructions  con- 
cerning, 90 1,  111,  142. 

,....» observations  upon,  by  the 

Council  of  Trade,  720,  720  n. 

,  printing  of,  728,  734. 

Council,  commissions  for  try- 
ing pirates,  404. 

,  Council  and  Assembly,  Min- 
utes of,  transmission  of,  re- 
quired, 720,  720  i. 

,  Elizabeth,  sloop,  taken  by 

pirates,  551. 

,  . . . . ,  re-captured,  551. 

,  Fife,  Capt.,  taken  by  pirates, 

551. 

,  ....,....,  retakes  ship,  551. 

....... , ,  case  of,  720. 

fortifications,  condition  of,  551, 

580. 

,  . . . . ,  repair  of,  474. 

Governor's  House,  Act  pro- 
viding for,  345,  720  n. 

,  guardships  for,  request  for, 

551. 

,  Independent  Company  at, 

quartering  and  subsistence  for, 
required,  551. 

,  . . . . ,  inhabitants  unable  to 

provide,  651. 


458 


GENERAL  INDEX. 


Bermuda,  guardships  for  —  cont. 
...........  ,  recruiting  of,  required, 

551. 
...........  ,  additional,  request  for, 

551. 
......  .inhabitants  expected  to  migrate 

to  Bahamas,  737. 
......  f  .  .  .  .  ,  poverty  of,  551. 

......  ,  .  .  .  .,  sea-faring,  551. 

.......  Lt.  Governor  of.   See  Bennett, 

Benjamin. 
......  ,  militia  of,  474,  551. 

......  ,    Naval    Officer's    lists,    trans- 

mission of,  required,  720,  720  I. 
......  9  negroes,  rising  of,  feared,  551. 

......  ,  pirates,  depredations  of,  551. 

...........  ,  increase  of,  580. 

............  pardon  of,   request   for, 

467. 
......  ,  .  .  .  .  ,  pardon,  commission  for, 

requested,  465,  466. 
......  ,  .  .  .  .  ,  .  .  .  .  ,  extension  of,  580, 

737. 
......  ,    .  .  .  .  ,    .  .  .  .  ,    .  .  .  .  ,    question 

concerning,  384. 
......  ,    .....    trial    of,    commissions 

for,  91,  404. 
...........  ,  ship  taken  by,  797  n. 

......  ,   ____  ,  surrender  of,  384,  465, 

466,  720. 
...........  ,  .  .  .  .  ,  checked,  474. 

......  ,     .  .  .  .  ,    surrendered,    instruc- 

tions  concerning,   request   for, 

551. 
......  ,  .........  ,  effects  of,  question 

concerning,  720. 
......  ,  .  .  .  .  ,  threaten  to  seize,  551, 

551  1,  737. 
......  ,  produce  of,  551. 

......  ,    Receiver    General    of,    com- 

mission for,  404. 
......  ,  Revenue,  accounts  of,  345. 

......  ,  seal,  new,  for,  127,  150. 

......  ,  .  .  .  .  ,  .....  warrant  for  using, 

127,  135,  142. 
......  ,  Secretary  of,    commission  of, 

404. 
......  ,  situation  of,   importance   of, 

551. 
......  ,  sloop,  737  vn. 

......  ,    .  .  .  .  ,    seizure    and    trial    of 

(Va.),  406. 
......  ,  sloops,  captured  by  pirates, 

551,  551  i-x. 
......  ,     trade     with     Madeira     and 

Western     Islands,     return     of, 

requested,  465. 
......  ,     trade     and     shipping,     acts 

affecting,    instruction    concern- 

ing, 90  1,  111,  142. 

Bernard    (Barnard),    Thomas,    Coun- 
cillor,   Jam.,    appointment*  of, 


recommendation 


of,  53. 


Bernard,  Thomas — cont. 

.......  Chief  Justice,  Jam., 

dodimus  to,  322. 

,  .  .  .  . ,  .  .  .  . ,  dismissal  of, 

109i. 

9  . . . . ,  document  signed  by, 

322. 

,  . . . . ,  oaths  administered  to, 

324. 

,  . . . . ,  Lt.  Governor,  dormant 

commission  for,  53,  180. 

,  . . . . ,  letter  from,  109  in. 

Bertie  (Bertye),  James,  a  Lord  Pro- 
prietor of  the  Bahama  Islands, 
surrender  signed  by,  176. 

,  .  . . . ,  guardian  of  Duke  of 

Beaufort,  document  signed 
by,  as,  360,  630-632,  687, 
694-696. 

Besea,  Joseph,  Capt.,  maltreated  by 

Eirates,  551  vi. 
,  John,  petition  of,  65  I. 

f   . . . . ,   . . . . ,  referred,  65. 

,    .  . . . ,    . . . . ,  report  upon,  re- 
quested, 457. 
Betts,  Thomas,  Naval  Officer,  Jam., 

commission  of,  680. 
,   . . . . ,   leave  of  absence 

for,  792. 
Beverley,     Harry,     Capt.,     sloop     of, 

captured   by    Spaniards,    10  u, 

59,  215. 
,  . . . . ,  escapes  from  Vera  Cruz, 

59. 

,  . . . . ,  letter  from,  10  n. 

,   .  .  . . ,  redress  demanded  from 

Madrid,  64,  334. 
,   Peter,  proposed  for  Council, 

Va.,  588. 
Bevon,  James,  document   signed   by, 

438,  439. 

Bibby,  Robert,  pirate,  298  m. 
Bideford,    merchants    of,    request   for 

guardships  at  Trepassy,  394. 
Bilboa,  fish  seized  at,  order  concerning, 

64,  527  ;    and  see  Tulon,  G. 
Billingsley,    Orlando,    deposition    of, 

134  vi. 

Billope,  Chris.,  445  I. 
,  . . . . ,    document    signed    by, 

445  n. 
Birkhead,  William,   document  signed 

by,  397. 

Biscayners,  104  I. 
Bishop,  Robert,  document  signed  by, 

742  xiv. 
Bladen,    Martin,    a    Commissioner   of 

Trade    and    Plantations,     233, 
625. 

Blair,  Archibald,  brother  of  following, 
588,  799,  800. 

,    . . . . ,   bill  entrusting  money 

to,  568. 

,  James,  Commissary  and  Coun- 
cillor, Va.,  209. 


GENERAL  INDEX. 


459 


Blair,  James,  Commissary  and  Coun- 
cillor— cont. 

, dismissal  of,  pro- 
posed, 588. 
,     . . . . ,     . . . . ,    opposition    to 

Lt.    Gov.    Spotswood     led   by, 

568,  588,  657,  790. 
,  . . . . ,  partner  of  Col.  Ludwell, 

568. 

,  wife  of,  209. 

,      John,      recommended      for 

Council,  Jam.,  53. 

, ,  removed,  144. 

Blake,  Pat.,  certificate  by,  43  n. 
Blakiston  (Blackiston)  N.,  Col.,  59. 
,  . . . . ,  Agent,  Va.,  commission 

of,  771,  779. 

, letter  from,  207. 

,  . . . . ,  salary  of,  422  i,  n. 

Blanco,  ship,  pirate,  captured,  742. 

,  case  of,  742. 

Blathwayt,  William,  Auditor  General 

of  the  Plantations,  193. 
accounts   rendered   to, 

419. 

, ,  letter  to,  650. 

,  report  by,  8  i. 

Blew,  James,  caveat  by,  492. 
Bloombergh,  Baron,  letter  to,  610. 
Bois,  John,  deposition  of,  797  n. 
Bolingbroke,  Viscount.    See  St.  John, 

Henry. 

Bolton,  Daniel,  letter  from,  6. 
Bonfils,    Mm.,    owners    of    Vaimable 

Marie ,  petition  of,  591 1,  n. 

,....,....,....,  referred,  591. 

,  . . . . ,  . . . . ,  . . . . ,  representa- 
tion on,  606,  643. 
,  . . . . ,  . . . . ,  order  upon, 

643. 

Boniett,  — ,  Capt.,  737  iv. 
Bonnet,  Stede,  pirate,     298,  298  i-m, 

551,  737. 
.......  . . . .,   engagement  with,  730. 

,    . . » . ,   capture   of,    730,    787, 

800. 
, ,  depredations  of,  298, 

298  i-in. 

, surrender  of,  800. 

, ,  reverts  to  piracy,  800. 

Boone,   Joseph,   Agent   of  Assembly, 

S.     Carolina,     letter,     petition 

from,  423,  536,  631. 
,    ,    . . . . ,    referred, 

525. 

, ,  letter  to,  423. 

Booth,    John,    document   signed    by, 

413. 

Borland,  John,  contract  of,  258. 
,  petition  of,  for  patent 

for  sturgeon,   165  i. 
,     . . . . ,     recommended, 

321. 

,  . . . . ,  referred,  165. 

,  . . . . ,  . . . . ,  report  upon,  480. 


Borland,  John, — cont. 

, subsistence  for  garrison, 

Annapolis  Royal,  supplied  by, 

165i. 

Borneo,  privateer,  commission  of,  760. 
Bostock,  Henry,  captured  by  pirates, 

298  m. 

, ,  deposition  of,  298  m. 

Boston.    See  under  Mass.  Bay. 
Bosworth,  Joseph,  692. 

,  . . . . ,  deposition  of,  692  vm. 

Boudinot,  John,  document  signed  by, 

413. 
Bourryau,  John,  Councillor,  St.  Kitts, 

797. 
,    . . . . ,    plantation    of,    grant 

continued,  574. 
,    . . . . ,  petition  for,   30, 

30  i. 

Bowlin,  Thomas,  deposition  of,  737  m. 
Boyd,  Augustus,  grant  of,  continued, 

574. 
Bradeson,  John,  document  signed  by, 

413. 
Bradner,  John,  Minister  at  Cape  May, 

378  n. 
Bramble,     John,     Councillor,     Mont- 

serrat,  refuses  to  serve,  797. 
Bravo,  — ,  750  i. 
Bredal,  E.,  Governor  of   St.  Thomas, 

letter  from,  526  m,  iv. 

letter  to,  526,  526  n,  v. 

Bridger,     J.,     Surveyor     General     of 

H.  M.  Woods  in  America,  Act 

proposed     by,    for    preserving 

H.M.  woods,  616,  616  v,  617. 
,     . . . . ,    charges    against,    by 

Elisha  Cooke,  616,  616,  616  n, 

IV,  VIII. 

,  ,  ,  reply  to,  616, 

616  i,  in,  vn,  vm. 

,  ,  from  N.H.,  428, 

458  n. 

,  . . . . ,  Commission  and  In- 
structions of,  revision  of,  706. 

continues  to  officiate, 

812. 

,  . . . . ,  Councillor,  N.H., 

appointment  applied  for,  283. 

,  . . . . ,  . . . . ,  recommended  for, 

429. 

,  . . . . ,  deputies  of,  allowance 

for,  difficulty  in  obtaining,  429. 

,  . . . . , promise  of  reward 

to,  429. 

,  . . . . ,  ,  question 

concerning,  617. 

,  ,  removed  by  Lt. 

Gov.  Vaughan,  283. 

, , ,  unpaid,  283. 

,  ,  difficulties  of,  in  pre- 
serving woods  in  N.E.,  616. 

,  instructions  of,  616,  706. 

,  land  of,  on  Merrimac  River, 

616. 


460 


GENERAL  INDEX. 


Bridger,  J. — cont. 

,    ,  letter  from,   283,   616, 

616  v,  vn,  viu,  617,  672,  700  i, 
711 1,  735,  810i,  812. 

t  . . . . ,  . . . . ,  referred,  711. 

,  letter  to,  429. 

,    misrepresentations   by 

Mr.  Dummer  alleged  by,  735. 

,  . . . . ,  prosecutions  contem- 
plated by,  672. 

, salary,  617,  735. 

. . . . ,  . . . . ,  . . . . ,  payment  of,  with- 
held, 429. 

.   9  . . . . ,  . . . . , ,  reason 

for,  617. 

,  . . . . , petition  for,  812. 

,  . . . . ,  services  of,  735. 

superceded,  735. 

Bridgewater,  Thomas,  grant  of,  con- 
tinued, 574. 

Bridgman,  alias  Every,  Henry,  pirate, 
excepted  from  pardon,  9. 

Brinsden,  John,  killed  in  duel,  490. 

Brissac,  P.  de,  plantation  of,  St.  Kitts, 
proposal  to  purchase,  48. 

,    condition   for   settling 

late  French  lands,  proposed  by, 
48  i. 

,  . . . . ,  complaint  by,  of  heavy 

taxation,  48. 

,     . . . . ,    grant    of,    continued, 

574. 

Bristol,  384,  660. 

,  merchants,  grant  of  New- 
foundland to,  798. 

,  . . . . ,  testimonial  by,  64. 

,    sailings    for    Newfoundland, 

626i. 

,    ship    plundered    by    pirates, 

660. 

Brixham,  Samuel,  751. 

Broadstreet,  John,  392  n. 

Brodbelt,  Carew,  document  signed  by, 
439. 

,  Richard,  document  signed  by, 

438,  439. 

Broderick,  William,  Attorney  General, 
Jamaica,  oaths  administered 
to,  322. 

,  . . . . ,  dedimus  to,  324. 

,    . . . . ,   document   signed    by, 

324. 

Brome,  Col.,  534. 

,       . . . . ,      recommended      for 

Council,  Barbados,  534. 

Broughton,  Thomas,  Councillor,  Car. 
S.,  document  signed  by,  730, 
787. 

Brouillan,  M.  St.  Ovide  de,  Lt. 
Governor  of  Capo  Breton,  Canso 
visited  by,  635  i. 

,  . . . . ,  deception  practised  by, 

789. 

,  . . . . ,  letter  from,  635  i. 

,  . . . . ,  letter  to,  565  iv,  575. 


Brown,  Anthony,      tiee  Antigua,  Act 

to  indemnify  etc. 

,  Charles,  passport  of,  434. 

,  Henry,  proposal  to  purchase 

plantation,  St.  Kitts,  47. 
,    John,    Capt.,    deposition    of, 

797  i. 
,    . . . . ,    pirate,    trial    of,    575, 

575i. 

,  Thomas,  pirate,  551 1. 

Browne,  Henry,  petition  of,  309. 
,    Jeremiah,    document    signed 

by,  438,  439. 

,    Mrs.    Sarah,    grant    of,    con- 
tinued, 574. 
,     Stephen,     proposal     by,     to 

purchase  plantation,  St.  Kitts, 

42,  43,  61,  61 1,  m. 

,  services  of,  43,  61 11. 

,    . . . . ,    . . . . ,    testimonial    to, 

43  i,  n,  61  ii. 

, memorial  by,  462,  470. 

Buck,   Samuel,   document  signed  by, 

286. 

,  ....,&  Co.,  memorial  by,  76. 

Buckridge,     — ,     Collector,     Antigua, 

estimate  of  lands  in  St.  Kitts 

by,  6. 
Bull,     Jonathan,     Capt.,     taken     by 

pirates,   797  iv. 

, deposition  of,  797  iv. 

Buor,  — ,  dismissal  of,  644. 

,   . . . . ,  protection  of,  ordered, 

644. 
,  Peter,  plantation  of,  St.  Kitts, 

proposal  to  purchase,  48. 
,    .  . . . ,  conditions    of    settling 

late  French  lands  suggested  by, 

48  i. 
,  complaint  by,  of  heavy 

taxation,  48. 

Burchal,  — ,  letter  from,  425. 
Burchall,  Rev.  Daniel,  grant  of,  con- 
tinued, 574. 
.......    proposal    to    purchase 

plantation,   St.  Kitts,   62. 
Burchett,    Josiah,    Secretary    of    the 

Admiralty,    History    of    Navy 

by,  624,  624  i. 
letter  from,   280,   394, 

440,  624,  669,  669  i,  688,  712, 

758. 
,    ,    letter   to,    280 1,    304, 

414,    427,   430,    467,    608,    623, 

659,  669  n,  678,  686,  758  I. 
Burk,  Richard,  petition  of,  177  I. 
Burke,    John,    document    signed    by, 

413. 
Burnet,  Mathias,  document  signed  by, 

603  i. 
Burniston,   — ,    Surveyor    General   of 

H.M.    Woods  in   America,   ap- 
pointment of,  735. 

,  . . . .,  Commission  of,  735. 

,  . . . . ,  to  act  by  Deputy,  735. 


GENERAL  INDEX. 


461 


Burrell,  Henry,  794. 

Burreau,  J.    See  Bourryau. 

Burt.    See  Mathew,  L. 

Burwell,  ship,  173  i. 

Bustill,  Samuel,  document  signed  by, 

445i. 
,    . . . . ,  letter,  seditious,  from, 

373,  373i-iv. 

, ,  referred,  375,  376. 

,  . . . . ,  reprimand  of,  requested, 

112. 
Butler,  James,  proposal  by,  32. 

, ,  Duke  of  Ormonde,  288. 

,   John,   document   signed   by, 

413. 
,  Richard,  document  signed  by, 

399. 

Thomas,  134  in. 

Buxton,  Eliz.,  petition  of,  17. 
Byam,    Edward,    Councillor    and    Lt. 

Governor  of  Antigua,  358,  515, 

705,  797. 
,    . . . . ,    document   signed    by, 

411,  412. 

,  letter  to,  761. 

,  William,  Councillor,  Antigua, 

797. 
Byerley,    Thomas,    Councillor,    N.J., 

12,  194. 
,    . . . . ,    document    signed    by, 

7381. 
Byrd,  William,  Agent  of  Council  and 

Assembly,  Va.,  209,  406,  456. 
,    . . . . ,    . . . . ,  appointment  of, 

568. 
,  . . . . ,  dismissal  of,  from 

Council,  proposed,  588,  699. 
,    . . . . ,   Instructions   to, 

568,  568  v,  800,  800  n,  in. 
,  . . . . ,  . . . . ,  . . . . ,  prepared  by 

special  Committee,  568. 
, ,  letter   from,    153,    208, 

209,  398,  770. 

, petition  of,  342  i. 

, ,  referred,  342. 

,  . . . . ,  report  upon,  410. 

, ,  salary  of,  568,  799. 

,   Receiver  General,  Va., 

opposition    of,    to    reform    of 

revenue  accounts,  800. 
,    ....,    charges    against,    422, 

588,  588  i,  800. 
,     recall    of    Lt.     Gov. 

Spotswood  urged  by,  799,  800. 
,  wife  of,  209. 


Cabibel,  Peter,  petition  of,  29. 
Cadogan,  ship,  736, 


Cadogan,  William,  Earl  Cadogan,  373 

IV. 

Caillard,  — ,  character  of,  110. 
Cairnes,   Sir  Alexander,  proposal  by, 

for  settlement  in  Nova  Scotia, 

86. 
, , ,  report  upon, 

105,  106,  432. 
,     . . . . ,     enquiry 

concerning,  790. 
,    . . . . ,    document   signed    by, 

286. 
Calvert,    Charles,    Baron    Baltimore, 

claim     of,     to     Three     Lower 

Counties,  report  upon,  177  i. 
Campbell,  Hugh,  392  11. 
John,   Duke    of    Argyll,    373 

IV. 

,       . . . . ,      recommended      for 

Council,  Jam.,  53. 
Campeche   Bay,   logwood   cutting  in, 

depositions  concerning,   104  i. 
,  . . . . ,  protest  against  by  Spain, 

reply  to,  104  i. 
, right  secured  by  Treaty 

of  Utrecht,  104  i. 
,     sanctioned    by    Lords 

of  Committee  (1673),  104  i. 

privateers  turn  pirates,  660. 

San  Francisco  de,   Governor 

of,   104  i. 

Canada,  communications  with  Louisi- 
ana, 389. 
,  enquiry  concerning,  334, 

344,  402,  419,  450,  699,  723. 
reply  to,  600,  657, 

699,  700,  723,  800. 

,  expedition  against,  317  xi. 

,  Fishery,  626  i. 

,  Governor  of,  instructions  to, 

suggested,       185 ;        and      see 

Vaudreuil,  Marquis  de. 

,  Montreal,  657. 

,  St.  Lawrence  R.,  261. 

,....,     communications     with 

Mississippi,  238. 
,   French  encroachments 

from,  550. 
,    . . . . ,   islands   in   mouth   of, 

French  claim  to,  635  i. 
,     trade,     illegal,     with     Nova 

Scotia,  351  n. 

Canada,  R.  See  Canada,  St.  Lawrence. 
Candler,  Capt.,  R.N.,  10,  271. 
Cannistogo,  Pa.,  101  I. 
Canso  (Cancer).    See  Nova  Scotia. 
Cant,    Constantino,    Capt.,    document 

signed  by,  173  i. 

Canterbury,  Archbishop  of,  373  iv. 
Cape  Breton,  550. 
,  deserters,  return  of,  requested, 

635i. 

,  fishery,  626  i. 

,   French  at,   danger  from,   to 

N.E.,  700. 


462 


GENERAL  INDEX. 


Cape  Breton — cont. 

,     French     encroachments     on 

Nova  Scotia  from,   351,   351  I, 
II,  575. 

9    . . . . ,   protest   against,    575  ; 

and  see  Nova  Scotia. 

,  French  inhabitants  of  Nova 

Scotia  return  from,  565. 

,  Governor  of,  instructions  to, 

suggested,       185 ;        and      see 
Brouillan. 

,     trade,     illegal,     with     Nova 

Scotia,  351  n. 

Cape  Catoche,  104  i. 

Cape  Cod,  177  I. 

Cape  Francois,  trade  with,  620  I. 

Cape  Henlopen  (Cape  James),  177  I. 

Caper  Sacantry  (Secontie),  261. 

Carkesse,  Charles,  Secretary  to 
Commissioners  of  Customs, 
letter  from,  277,  341,  382,  452, 
495,  664. 

,  . . . .,  letter  to,  162,  245,  407, 

555,  562,  648,  795. 
Carlile,  Francis,  petition  of,  704. 

receipt  by,  746. 

,       recommended      for 

Council,  Antigua,  752,  754,  797. 
Carlisle,  Earl  of.     See  Hay,  James. 
Carnagy,   James,   French  ship   seized 
by,   591  n. 

,  . . . . ,  prosecution  of,  petition 

for,  591  n. 

,  . . . . ,  . . . . ,  order  for,  643. 

,    . . . . ,    . . . . ,    . . . . ,   proposed, 

606. 

CAROLINA,  French  encroachments  on, 
238,  256. 

,  . . . . ,  measures  against,  256. 

,    Lords    Proprietors    of,    Acts 

repealed  by,  631. 

,  . . . .,  Act,  repeal  of,  instruc- 
tion for,  proposed,  514. 

,  . . . . ,  aid  from,  enquiry  con- 
cerning, 486. 

,  . . . . ,  . . . . ,  rejected  by  Assem- 
bly, 632. 

, ,  boundary  with  Virginia, 

proposal  referred  to,  58. 

,     Charter    of,     quoted, 

463. 

,    . . . . ,    . . . . ,  infringement  of, 

enquiry  concerning,  463,  489. 

,  . . . . ,  commissions  and  in- 
structions by,  687,  694-696. 

, ,  complaint  against,  536  11, 

660. 

gi  ants  of  lands  by,  773  ; 

and  see  Mountgomery,  Sir  R. 

,  instructions  con- 
cerning, 632,  694-696. 

letter  from,  360  i,  442, 

631,  632,  687,  694-696. 

, , ,  referred,  360. 

, letter  to,  804,  814. 


Carolina,  Lords  Proprietors  of — cont. 

,  . . .  . ,  instruction  to,  to 

reprimand  Governor,  537. 

,  . . . . ,  to  repeal  act,  proposed, 

514. 

,  . . . . ,  memorial  by,  referred, 

424. 

,  . . . .,  petition  to,  631. 

,   . . . . ,  reference  to,  399. 

,  . . . . ,  rent-roll  required  by, 

632,  697. 

,  . . . . ,  revenue  of,  632. 

, surrender  of  government 

by,  proposed,  493. 

,  . . . . ,  Secretary  of.  See 

Shelton,  R. 

,  .....  warrant  by,  630. 

,  North,  boundary  with  Vir- 
ginia, proposal  for,  58,  63. 

,  . . . . ,  Governor  of,  seat  of, 

threatened  by  Indians,  699. 

,  Indians,  attack  by, 

begun,  699. 

,  . . .  . ,  pirates,  commissions  for 

trying,  405. 

,  .  . . . ,  . . . . ,  surrendered, 

657,  800. 

,  .  . . . ,  . . . . ,  danger  from,  657. 

,  . . . . ,  . . . . ,  failure  to  restrain, 

800. 

,  South,  Act,  to  appropriate  the 

Yamassee  lands  etc.,  repealed, 
631. 

,  . . . . ,  . . . . ,  for  better  keeping 

public  arms  etc.,  enquiry  con- 
cerning, 632. 

,  .  . . . ,  . . . . ,  declaring  the  right 

of  the  House  of  Commons  to 
nominate  the  Receiver,  repealed, 
631. 

,  . . . . ,  . . . . ,  to  grant  encourage- 
ments to  Protestant  settlers  etc., 
repealed,  631. 

,  . . . . ,  . . .  . ,  to  keep  inviolate 

the  freedom  of  elections  and 
appoint  who  shall  be  deemed 
capable  of  choosing  and  being 
chosen  members  of  Assembly, 
repealed,  631. 

,  . . . . ,  . . . . ,  additional 

to  preceding,  repealed,  631. 

,  .  .  .  . ,  . . .  . ,  laying  additional 

duty  on  negroes,  660. 

,  . . . . ,  .  . . . ,  laying  duty  on 

British  goods  imported,  660. 

,  . . .  . ,  . . . . ,  protest 

against,  452  i. 

.re- 


ferred, 452. 
489/514." 


report  upon, 


. ,  ,  . . . . ,  repeal  of, 

505,  514,  537,  562,  631. 

. ,  .  . .  . ,  .  . .  . ,  .  . . . ,  instruction 
concerning,  proposed,  514. 


GENERAL  INDEX. 


463 


Carolina,  South,  Act — cont. 

,....,....,  making  commodities 

legal  tender,  proposed,  687. 
,   . . . . ,   . . . . ,   . . . . ,  instruction 

concerning,  687. 
,  . . . . ,  . . . . ,  concerning  powder 

and  magazines,  repealed,  632. 
....... ,     . . . . ,     . . . . ,    for    regulating 

Indian  trade,  renewed,  660. 
,    . . . . ,    . . . . ,    . . . . ,   effect   of, 

feared,  660. 
.......     . . . . ,     . . . . ,     . . . . ,    petition 

against,  631. 
,    . . . . ,    . . . . ,   repealed, 

631. 
,    . . . . ,    . . . . ,  for  sinking    bills 

of  credit,  660. 
,....» evasion  of,  petition 

against,  687. 
,   . . . . ,   . . . . ,   . . . . ,  instruction 

prohibiting,  687. 
,    Acts    affecting    trade, 

protest  against,  452  i. 
,    ,   passed   contrary 

to  Charter,  enquiry  concerning, 

463. 

,  Appalachia,  R.,  settle- 
ment on,  proposed,  389. 
,      . . . . ,     arms     supplied     to, 

account  of,  required,  632. 

, ,  Assembly,  660. 

,    . . . . ,    . . . . ,    Act   appointing 

who  shall  be  deemed  capable  of 

choosing      and      being      chosen 

members  etc.  repealed,  631. 
,    . . . . ,    ,  additional 

to  preceding,  repealed,  631. 
,    . . . . ,  Address  by,  for 

aid  from  Crown,  423. 
,  . . . . ,  . . . . , for  resump- 
tion to  Crown,  399,  536,  536  n. 
,    ,   aid  from  Lords 

Proprietors  rejected  by,  632. 
,    . . . . ,    . . . . ,    claim    to    keep 

powder  and  magazines,  denied, 

632. 
,  claim  to  nominate 

Receiver  General,  Act  declaring. 

631. 

,  ,  re- 
pealed, 631. 

,  . . . . ,  Committee  of, 

letter  from,  423. 

,  . . . . ,  . . . . ,  dissolution  ordered 

by  Lords  Proprietors,  632. 

,  . . . . ,  . . . . ,  instruction  to, 

537. 

,  . . . . ,  new,  ordered  by 

Lords  Proprietors,  632. 

,  payment  of  mem- 
bers proposed,  632. 

,  . . . . ,  . . . . ,  refusal  of,  to 

tax  their  estates,  452  i. 

,  . . . . ,  Speaker  of.  See 

Logan,  George. 


Carolina,  South — cont. 

,    . . . . ,    Azilia,    settlement   of, 

proposed.      See   Mountgomery, 

Sir  R. 
,  . . . . ,  Barons,  Samuel,  petition 

of,  631. 
, ,  Cape  Fear  River,  pirates 

in,  engagement  with,  730. 

, ,  Charter  of,  424,  459, 475. 

,   . . . . ,  coins  and  currency  in, 

Act  ascertaining  rates  of  foreign  , 

order  for  enforcement  of,  632, 

687. 
,    . . . . ,    . . . . ,   paper,    Act  for 

sinking  bills,  660. 

,  . . . . ,  . . . . ,  . . . . ,  . . . . ,  observ- 
ance of,  ordered,  687. 
,    ,    . . . . ,    issue   of, 

prohibited,  687. 
,     . . . . ,     Councillors,    salaries, 

Proprietors  refuse  to  pay,  632. 
,    . . . . ,    defence    of,    measures 

for,    enquiry   concerning,    486  ; 

and  see  Car.,  Indians,  war  with. 

,  . . . . ,  embargo  laid  in,  384. 

,  . . . . ,  emigration  to  Bahamas 

expected  from,  423,  737. 
, Governor  of,  reprimand 

of,     ordered,     537  ;      and     see 

Johnson,  Robert. 
,   . . . . ,  Governor  and  Council, 

letter  from,  632,  730,  787. 
,    ,    letter    to,    631, 

632,  687,  695. 
, ,  guardship,  request  for, 

556,  730,  787. 
,  . . . . ,  imports  of  British  goods, 

452  i. 
,     ,    duty    laid    on, 

protest  against,  452  i ;    and  see 

Act  laying  duty  on  etc. 
,      ,     Indians,     Cherokees, 

French  designs  against,  alleged, 

238,  256,  800. 
, , invasion  by, 

feared,  384,  486. 
,  . . . . ,  . . . . ,  . . . . ,  peace  with, 

423. 
, , ,  peace  with 

Creeks,  rumoured,  504  i. 
,    ,    ,    Creeks,   murder 

of  Col.  Hastens  by,  423. 
,  . . . . ,  . . . . , peace  with, 

offer  of,  483,  504  i,  556. 
,   . . . . ,  . . . . ,   . . . . ,  peace  with 

Cherokees,  rumoured,  504  T. 

, , Cuttabas,  423. 

,  . . . . ,  . . . . ,  . . . . ,  peace  with, 

79. 
, , , ,  attacked  by 

Senecas  etc.,   59,   59  iv  (o),   79, 

79  iv  (a). 
,  enemy,  encouraged 

by  French  and  Spaniards,  423, 

525,  556, 


464 


GENERAL  INDEX. 


Carolina,  South,  Indians— cont.  Carolina,  South— cont. 

, Southern,  mission  , ,  naval  stores,  exports  of, 

to  propose  peace,  423.  787. 

.        ,  treaties  concluded  , negroes,  660. 

with,  556.  •'» danger  from,  384. 

Tuscaroras,  attack  , , ,  duty  on,  increased, 

Cuttabas,  79,  79  iv  (a).                                    660. 
,    war   with,    aid  ,     ,     ,    runaway,    pro- 

from  Lords  Proprietors,  enquiry  tected  by  Spaniards,  423,  556. 

concerning,  486.  , »  pirates,  capture  of,  730, 

, ,  aid  requested  787  ;    and  see  Bonnet ;    Vane. 

for   423  »  •  •  •  • »  •  •  •  • »  Charleston  harbour 

'. .  ,f   causes  of,  blocked  by,  730,  787. 

'  alleged,  578  I.  ,    ,    »   commissions  for 

t , ,  trying,  405. 

'reply  to,  578  i.  ,   ,  depredations  by, 

,  cost  of,  423.  556,   660,   677,    730,    736,   737, 

,      ,  787,  797i. 

measures  for  paying,  452  i.  ,....,....,  engagement  with, 

,    ,    ,    ,   expected,  730,787. 

384,  423,  456,  737.  , , infest  coast,  556, 

,    ....,    ....,    ....,   hostilities  730,736,787,807. 

renewed,  536  n.  , , ,  ship  captured  by, 

,  Yamassees,  etc.,  556,  660. 

entertained  by  Spaniards,  423.  , , ,  surrender  of,  upon 

,   . . . . ,   .  . .  . ,  Yamassee    lands,  proclamation  of  pardon,  556. 

act  appropriating,  repealed,  63 1 .  ,   . . .  . , ,    return    to 

,    . . . . ,    . . . . ,    . . .  . ,    order    of  piracy,  556. 

Lords    Proprietors    concerning  ,     .  . . . ,     Proprietary     Govern  - 

grants  of,  632.  ment,  objection  to,  660. 
,  . . . . ,  . . . . ,  trade,  act  regulat-  ,       .  . .  . ,      Receiver      General, 

ing,  petition  against,  631.  Assembly's  right  to  nominate, 
,      ....,      ....,      ,  Act  declaring,  631. 

repealed,  631.  ,    ....,    ....,    ....,    ....,   re- 

,      ,      ,      pealed,  631. 

renewed,  660.  ,....,  resumption  of,  to  Crown, 

, , , ,  urged,    399,    525,    536,    536  n, 

effect  of,  feared,  660.  660. 
,  . . . . ,  lands  in,  grant  of,  773  ;  ,....,  Savana  Town,  423. 

and  see  Mountgomery,  Sir  R.  ,....,  Secretary  of.    See  Hart, 

,    ,    ,    ,  permission  Charles. 

to  make  in  Carolina,  withdrawn,  ,       . . . . ,      settlers,      Act      to 

695.                                                                     encourage,  repealed,  631. 
, , ,  and  rent-roll,  , ,  state  of,  account  of,  677. 

return  of,  required,  694-697.  , ,  Spain,  war  with,  declara- 

,    ,    ,    pre-  tion  of,  804,  814. 

pared  by  Col.  Rhett,  697.  ,  Surveyor  of  Customs  in. 

, , ,     Yamassees,    act  See  Rhett,  William. 

appropriating,  repealed,  631.  ,    ,    Surveyor    General    of. 

>  . . . . ,  . . . . ,  . . . . ,  . . . . ,  order  See  Yonge,  Francis. 

of   Lords   Proprietors   concern-  ,    ,    trade,    Acts    affecting, 

ing,  632.                                                             452  i. 
»  surveyed,  return  , ,  injured  by  pirates, 

of,  required,  694.                                               730,  787. 
»    legal    tender,    Act    to  , , ,  with  Indians,  660. 

render  commodities,  proposed, ,    with    Spaniards, 

687.                                                                       660. 
»    ,  instruction  con-  , , with  French,  660. 

cernmg,  687.  Carpenter,  General,  548. 
»    »    letters   from,    extracts  ,  Nathaniel,  letter  from,  36. 

of>  660.  t  petition  by,  794. 

>    »   manufactures     in,   en-  Carranza,    Gonzales,    Capt.    Domingo, 

couragement  of,  452 1.  description    of    Spanish    West 
,  Naval  Officer,  returns  of,  Indies  by,  820. 

29°-  Cartagena,  131  iv. 


GENERAL  INDEX. 


465 


Carter,    — ,    Attorney    General,    L.I., 

822. 

,  Robert,  Councillor,  Va.,  799. 

,  William,  Councillor,  Barbados, 

document  signed  by,  742  xiv. 
Carteret,    John,    Lord,    a    Lord    Pro- 
prietor of  the  Bahamas,  docu- 
ment signed  for,  176. 
,    lease  to  Capt.  Rogers 

signed  by,  183. 
,  . . . . ,  surrender  of  government 

signed  by,  183. 
,    a   Lord   Proprietor   of 

Carolina,  document  signed  by, 

360  i,  630-632,  687,  694-696. 
,     . . . . ,     Secretary    of     State, 

memorial  to,  679. 
Carver,  John,  recommended  for  Council, 

Jam.,  53. 
Gary,    Samuel,   document   signed   by, 

683. 

Casada,  Antonio,  claim  against,  679. 
Cassatorres,  Marquis  de,  Governor  of 

Havana,  decree  by,  252  vi. 
Castile,  Sir  James,  272. 
Catling,     Nathaniel,     deposition     of, 

551  v. 
,    . . . . ,  maltreated  by  pirates, 

551  v. 

C.D.    See  Coxe,  Daniel. 
Chamberlain,  Capt.,  R.N.,  737. 
Chammorel,  M.,  memorial  by,   579 1, 

591  i. 

, , ,  referred,  579. 

Chaplin,    Charles,    recommended    for 

Council,  Jam.,  53. 

,  . . . . ,   . . . . ,  removed,  144. 

John,    Receiver,    Jam.,    ap- 
pointed by  Assembly,   89. 
Chapman,     Richard,     deposition     of, 

359  ix. 
Charles  I.,  grants  by,  261,  534,  616  u, 

iv,  628  i,  744,  798. 

II,  grants  by,  177  i,  534,  781. 

,  letter  from,  8  i,  628  i. 

Charnock,  Charles,  Commission  of,  673. 
Chester,  Edward,  document  signed  by, 

413. 
,  . . . . ,  jr.,  document  signed  by, 

413. 
Robert,  document  signed  by, 

286. 
Chetwynd,  John,  a  Lord  Commissioner 

of  Trade  and  Plantations,  233, 

602,  625. 
,  William,  a  Lord  Commissioner 

of    the    Admiralty,    document 

signed  by,  619. 

Child,  Sir  Josiah,  quoted,  798. 
Choppin,  John,  document  signed  by, 

438,  439. 
Christiana,    ship,    taken    by    pirates, 

797  iv. 

Cittadela,  548. 
Clarck,  Capt.,  660. 
Wt.  441. 


Clarke,    — ,    Deputy    Auditor    N.Y., 

right  to  audit  accounts  denied, 

650. 
,      John,      recommended      for 

Council,  Jam.,  53. 

,  Thomas,  445  i. 

,    . . . . ,    document    signed    by, 

445  i. 

Clayton,  Alexander,  letter  from,  251. 
,     Robert,     plantation     of,     in 

St.  Kitts,  grant  of,  26  n. 

warrant  confirming,  26  i. 
,     . . . . ,     . . . . ,    proposal 

to  purchase,  26. 
Cleeves,    William,    petition    of,    370, 

370  i. 

,  . . . . ,  . . . . ,  report  upon,  527. 

,    . . . . ,   conduct  of,  approved, 

64,  527. 
Clifton,  Benjamin,  grant  of,  continued, 

574. 

Cobb,  Capt.,  receipt  by,  716  i. 
Cochran,         Archibald,         Councillor 

Antigua,  797. 
,    . . . . ,   document    signed    by, 

411,  412. 
,   James,    document  signed  by, 

399,  403. 
,   John,   proposed   for   Council, 

Montserrat,  797. 
,  Richard,  document  signed  by, 

411,  412. 
Cockburne,  John,  a  Lord  Commissioner 

of    the    Admiralty,    document 

signed  by,   619. 
,  William,  Secretary,  Jamaica, 

appointment  of,  218  i. 
,  . . . . ,  . . . . ,  . . . . ,  dismissal  of, 

218i. 

,  decree  against,  for  re- 
payment of  profits,  218  i. 

,  . . . . ,  letter  from,  131. 

, ,  order  by,  225. 

,    . . . . ,    petition    of,    for    per- 
mission to  appeal,  218  i. 

, , ,  referred,  218,  232. 

,  . . . . ,  . . . . ,  report  upon,  266, 

320i. 
,    . . . . ,    report  referred, 

366. 
Cocke,  WTilliam,  Secretary,  Va.,  letter 

from,  174. 
Cockram,  Capt.  (Bahamas),  737. 

,   . . . . ,  pirate,  reformed,  807. 

Cockrem,  Philip,  deposition  of,  737  in. 
Codrington,  Christopher,  General,  late 

Governor      of      the      Leeward 

Islands,  45. 

,  grant  by,  31,  31  i. 

,   . . . . ,  instruction  to,  8  i. 

,     . . . . ,    plantation    of.       See 

Codrington,  W. 
,  William,  Councillor,  Antigua, 

absentee,  797. 

C.P.  30. 


466  GENERAL  INDEX. 

Codrineton,  William— cont.  Commons,  House  of,  Address  for  papers 

" executor   of  preceding  concerning  pirates,  393,  393  I. 

'  petition  for  grant  of  plantation  , , ,  reply  to,  400. 

in  St.  Kitts,  60 1,  n,   129.  ,    order    by,    concerning 

. . . . ,    referred,  St.  Kitts,  34. 

"QQ  ,     order    for    report    on 

hearing  of,  naval  stores,  328,  328  i. 

'26*5*  315    513.  »    ••••»  premium  on  iron  from 

.'...,  'offer   by,  to.  purchase  the  Plantations  applied  for,  450. 

plantations  in  St.  Kitts,  82.  Congreve,      William,      Secretary      of 
. . . . ,    report    upon,  Jamaica,  Deputy  of,  449  ;   and 

"l56.  8ee  Pag°»  s- 

Coins  and  currency  in  the  Plantations,  ,  . . . .,  letter  from,  130. 

Act   for    ascertaining    rates    of  ,....,  letter  to,  332. 

foreign,    infringement    of,    en-  .......   ....,  patent  of,    232,    266 II. 

quiry  concerning,  402.  ,      . . . . ,     warrant     appointing, 

, ,  order  for  enforcing,  402,  509. 

632.  Conkling,  Cornelius,  document  signed 
,  paper,  Car.  S.,  Act  for  sinking  by,  603  i. 

660,  687.  CONNECTICUT.    And  see  Mulford,  S. 

. . . . ,   further  issues  of,  ,   Governor   and   Company   of, 

prohibited,  687.  instructions  to,  concerning  acts 
,    Mass.,  depreciation  of,  affecting     British     trade     and 

724  i.                                                                     shipping,  759. 
,    ,  N.E.,  depreciation  of , , for  prevention  of 

193.                                                                     trade  with  French,  193. 
,    N.Y.,  success  of,   199,  ,    ,  proclaiming  war 

236,  317,  650,  663,  724  i.  with  Spain,  804. 
,    ....,    ....,  Act  for  issuing,  Connecticut,  R.,  177  i. 

report  upon,  663.  Conner,  Patrick,  document  signed  by, 
,    . . . . ,    . . . . ,    .  . . . ,  objections  298  vn. 

to,  516,  516  i,  663,  663  i ;    and  Conseillere,  de  la,  Benjamin,  document 

see  N.Y.  Act  for  paying  debts.  signed  by,  399. 
,  . . . . ,  . . . . ,  . . . . ,  . . . . ,  reply  Considem,  John,  134  iv. 

to,  518,  519.  Convicts,  transported  to  the  Planta- 

,  ....,  Pa.,  781.  tions,  unsatisfactory,  681. 

,  tobacco,  quit-rents,  payable  in,  ,  Act  for  transporting,  681. 

Va.,  422.  Convoys,  Governors'  control  of,  recom- 
Colby,  Thomas,  Commissioner  of  the  mended,  144  ;  and  see  Navy. 

Navy,    document    signed    by,  Cooke,   Sir  Charles,  a  Lord  Commis- 

386.  sioner  for  Trade  and  Plantations, 

Coleman,  Nicholas,  contract  with,  280,  233,  625. 

280  ii,  303,  304.  ,     Elisha,     Councillor,     Mass., 

,  complaint  by,  280.  attacks  Bridger,  616. 

,    . . . . ,    document   signed    by,  ,   depositions  concerning, 

280  n.  700,  700  i,  n. 
,     . . . . ,     enquiry     concerning,  ,  . . . . ,  letter  from,  616. 

282.  9   . . . . ,  rejected  from  Council, 

,    William,    plantation    of,    St.  616. 

Kitts,  proposal  to  purchase,  83 , ,  suspended,  700. 

Colledge,  — ,  rooms  of,  in  Whitehall , ,  Crown  rights  to  woods 

484.  in  Maine  denied  by,  616,  616  n, 

Colleton,  Sir  John,  a  Lord  Proprietor  iv,  vi,  672. 

of    the     Bahamas,     document  ,    ,    ,    reply    to,    616, 

signed     by,     176,     183,    360 1,  616 1,  m,  744. 

630-632,  687,  694-696.  , memorial  by,  616,  616  n, 

»  John,  appointed  to  Council,  iv. 

Barbados,  75,  81.  ,     ,    reply    to,    616, 

......  f ,  recommendation  of,  56.  616  i,  in,  vn,  vni. 

Collins,    John,   Nfd.,   instructions    to,  ,    representation  of,  616, 

751.                                                                     616 n. 
» recommended  for  Com-  ,    ,    ,    reply    to,    616, 

mission  of  the  Peace,  751.  616m. 

Comes,  William,  letter  from,  806  i.  summons  to   England, 

» ,  referred,  806.  proposed,   617, 


GENERAL  INDEX. 


467 


Coope,  Richard,  letter  from,  762. 
Cooper,  James,  document  signed  by, 

603  i. 

,  Samuel,  deposition  of,  551  I. 

,  Sigismund,  certificate  by,  43  n. 

Coote,    Richard,    Earl   of   Bellomont, 

late    Governor   of   New    York, 

letter  from,  268,  810. 
Copper,  in  the  Plantations,  819. 
Coram,  Capt.  Thomas,  in  France,  396. 
,   letter  from,  268,  383  I, 

823 

Corbin,  T.'(Va.),  799,  800. 
Cornbury,     Lord,    late    Governor    of 

New  York.   See  Hyde,  Edward. 
Cornelius,   John,  Naval  Officer,   Bar- 
bados, leave  of  absence  for,  646. 
Cortlandt,    Philip,    document    signed 

by,  616  I. 

Costa,  Fernando  da,  petition  of,  750  i. 
,     . . . . ,     . . . . ,    referred,    750  ; 

and  see  Nassau,  case  of. 
Coudon,  — ,  pirate,  551. 
Council,  Privy.    See  Privy  Council. 
Cox,  Sir  Charles,  letter  from,  698. 
Daniel,  New  Jersey,  charges 

by,  against  Governor  Hunter, 

600. 
,  . . . . ,  . . . . ,  hearing  of, 

by  Committee  of  Privy  Council, 

633. 
,    ....,  intrigues  of,   194,   195, 

373,  373i-iv    375,  376. 
,  . . . . ,  . . . . ,  Measures  to  check, 

urged,  112,  194. 
letter  from,    195,   373, 

373 i-iu. 
, , ,  referred,  344,  375, 

376. 
,    . . . . ,    . . . . ,   authenticity  of, 

344. 
,    Ministers'   support   of, 

alleged,   373,   373  in,   iv,   375, 

376. 

, ,  reprimand  of,  22,  344. 

, ,  request  for,  112. 

,  Samuel,  Councillor,  Barbados, 

deposition  of,  77. 

,   . . . . ,  petition  of,  753  i. 

,    . . . . ,    . . . . ,  referred,  753. 

, ,  report  upon,  767. 

,    . . . . ,   suspension   of,    caveat 

against,  698. 

Crab  Island.    See  Virgin  Islands. 
Cracherode,    Anthony,    Registrar    in 

Chancery,    Barbados,    petition 

of,  210,  229,  265. 
,  . . . . ,  . . . . ,  . . . . ,  report  upon, 

259. 
,   ....,  . . . . ,  ....,  withdrawn, 

269. 
Craggs,    J.,    Secretary    of    State    for 

Southern  Affairs,  628  i. 
,    . . . . ,  appointment  of, 

446. 


Craggs,  J. — con*. 

,    ,    document   signed    by, 

509,    646,    654,    661,    673,    680, 

719,    760,    774,    775,    793,    801, 

805. 
,   letter   from,  318,  446, 

490,    574,    579,    591,    593,    594, 

604,    605,    622,    639,    643-645, 

749,    750,    752,    753,    757,    761, 

782,  803,  804,  813  i,  816-818. 
letter  to,  466,  480,  485, 

525,    539,    557,    580,    582,    595, 

606,    612,   619,   628,   640,   665- 

667,    677,    685,    703,    720,    723, 

754,  756,  766,  767,  780,  782  i, 

789,  807. 
,     . . . . ,     Secretary    of.        See 

Tickell,  Thomas. 
Craigh,  — ,  Capt.,  660. 
Craven,  William,  Lord,  a  Lord  Pro- 
prietor of  the  Bahama  Islands, 

a  minor,  176. 
,    document    signed    for, 

176,   360 1,   630-632,   687,   695, 

696. 

Crisp,  Joseph,  134iv. 
Croft,    John,    document    signed    by, 

399. 

,   . . . . ,  certificate  by,  43  n. 

Crooke,    Clement,    Chief    Justice,    St. 

Kitts,   66. 
,  . . . . ,  . . . . ,  . . . . ,  dismissal  of, 

134,  487,  736. 
,     . . . . ,     . . . . ,     . . . . ,    charges 

against,  134,  134  i-ix. 
,     . . . . ,    grant    of,    continued, 

574. 

Crowley,  ship  captured  by  pirates,  660. 
Crozat,  M.,  patent  of,  238,  600. 

,   . . . . ,   . . . . ,  surrendered,  238. 

Crump,          Nathaniel,          Councillor, 

Antigua,  797. 
,    . . . . ,    document    signed    by, 

411,  412. 
Cuba,  131  v. 

,  Havana,  298m,  310  n. 

,     Asiento,     Factor     at, 

737  iv. 

,   . . . . ,  expedition  from,  797. 

,   . . . . ,  Governor  of,  complaint 

against,    807  ;     and  see   Cassa- 

torres. 
,    . . , . ,    . . . . ,    instructions    of, 

to    attack    Bahamas,    737  vn, 

VIII. 

,    trade,  with   Bahamas, 

737,  737m. 

, with  N.Y.,  737  iv. 

Cumana,  692  vi-vm. 

Cumings,      Archibald,     Surveyor     of 

Customs,      Boston,      document 

signed  by,  85  i,  620  i. 
,    ,    letter    from,    85,    256, 

330,  620,  621. 
,.. ., ,  letter  to,  418. 


468 


GENERAL  INDEX. 


Cumings,  Archibald — cont. 

,   . . . . ,  proposals  by,  referred, 

407. 

Cunyngham,  — ,  letter  to,  425. 
Cunynghame,  Daniel,  son  of  following, 

260. 
,    Robert,    plantation    of,    St. 

Kitts,  petition  concerning,  260. 
. . . .  9  . . . . ,  . . . . , ,  report 

upon,  325. 

, ,  services  of,  260. 

Curl,  Rebecca,  pardon  for,  179. 
Customs,   H.M.,    104  i. 

, accounts,  Newfd.,  798. 

,  . . . . ,  Commissioners  of,  739  ; 

and  see  Carkesse,  Charles. 
, , ,  letter  from,  277  I, 

570. 
,    ,    ,   letter  to,   452  i, 

495  i ;    and  see  Carkesse,  C. 
t  . . . . ,  . . .  . ,  Secretary  to.    See 

Carkesse,  Charles. 
,       ,      Officers      of.       See 

Armstrong,  R.  ;    Cumings,  A. 
,    . . . . ,    . . .  . ,    hostility   to,    in 

Proprietary  Governments,  616. 

, ,  order  to,  798. 

,    . . . . ,    Surveyor    General    of, 

in  America.    See  Keith,  W. 
,   . . .  . ,   . . . . ,  in  Barbados  and 

L.I.     See  Dunbar. 
Cuyler,  Henry,  document  signed  by, 

516i. 
Cyan,  trade  with,  620  I. 


Daffye,    Samuel,    Capt.,    receipt    by, 

714  i. 
Daily  Courant,  The,  24. 

,  copy  of,  113. 

Dalle,  Axen,  494  i. 

Daly,    John,    Councillor,    Montserrat, 

797. 
Dam,  Rip  Van,  document  signed  by, 

738i. 

Dane,  Capt.,  797. 
Daniel,  Ja.,  Clerk  of  Council,  Jam., 

document  signed  by,  681  in. 
Robert,    late    Lt.    Governor, 

S.  Carolina,  423. 
Danson,  John,  a  Lord  Proprietor  of 

Carolina,  document  signed  by, 

360 1,  630-632,  687,  694-696. 
,     grant    of     lands    to. 

773. 

Darby,  Philip,  761. 
»    document   signed   by, 

413. 


Darcy,  Charles,  document  signed  by, 

298  vn. 
,  Robert,  Earl  of  Holdernesse, 

President  of  the  Board  of  Trade, 

339,  625. 
,     Walter,     proposal     by,     for 

plantation,  St.  Kitts,  44. 
Dauphin,  case  of,  (Jam.),  591  n. 

,   . . . . ,  representation  on,  606. 

,   . . . . ,  order  upon,  643. 

David,  Capt.,  pirate,  797. 

Davies,  Capt.,  quoted,  798. 

Davis,  John,  Councillor,  St.  Kitts,  797. 

,    . . . . ,  document    signed    by, 

43  n. 

,  . . . . ,  grant  of,  continued,  574. 

,     Mrs.     Elizabeth,     grant     of, 

continued,  574. 
,  Thomas,  pirate,  trial  of,  575, 

575  i. 
Dawes,      George,      Collector,      Jam., 

account  Ojf,  681,  681  v. 
Deacon,  George,  Councillor,  N.J.,  12, 

739. 
,   . . . . ,    . . . . ,  superceded,  348, 

613. 

Dehaldy,  Capt.,  542  (e,  /.). 
Delafaye,    Charles,    Secretary    to    the 

Lords  Justices,  letter  to,  449. 
De  Lancey,  Stephen,  document  signed 

by,  516  i. 
Delap,  Francis,  document  signed  by, 

413. 

Delaware,  R.,  177  i. 
,    . . . . ,    islands  in,    claims   to, 

report  upon,  177  i. 
Delicia,  ship,  737. 
Denbow,    Richard,    document   signed 

by,  413. 
DENMARK  and  the  DANES,   claim  to 

and  settlements  on  St.  Thomas, 

Crab  I.  and  St.  Johns  I.,  298, 

526,  593  i-iv,  736. 
,....,....,  enquiry  concerning, 

610. 
,    ....,....,  observations  on, 

609. 
,....,    . . . . ,    protest    against, 

298,  298  x,  494,  494  i,  n,  526, 

526  i,  n,  v. 
,    . . . . ,    . . . . ,    . . . . ,   reply   to, 

526  m,  iv. 

, , ,  referred,  593. 

,  . . . . ,  . . . . ,  report  upon,  8,  8  I ; 

and  see  Virgin  Islands. 
,  Danish  West  India  Company, 

593  i. 

,   . . . . ,  exactions  by,  for  run- 
away     slaves      etc.,      protest 

against,  298  x. 
,  Envoy.  See  Sohlenthal,  Baron 

do. 
,     naval     stores     supplied     to 

French  by,  628  i. 
,  trade  with  N.E.,  620  i, 


GENERAL  INDEX. 


469 


Depeyster,  Abraham,  document  signed 

by,  738  i. 

Derby,  Earl  of:     See  Stanley,  James. 
Descavado,  Don  Fernando,  Governor 

of  San  Francisco  de  Campechy, 

104i. 
Dewick,   William,   deposition   of,   737 

IV. 

Diamond,  H.M.S.,    109  n,    117,   280 1, 
447,  566. 

,    sloop,    captured    by    pirates, 

551  i,  v. 

Digges,  Cole,  formerly  Councillor  and 
Depty.  Auditor,  Va.,  800. 

,  son  of  above,  proposed 

for  Council,  588,  699,  799,  800. 
Diharce,  Peter,  letter  from,  246,  252. 

, letter  to,  230. 

, ,  petition  of,  4  i,  n,  310  i, 

541. 

, ,  referred,  4. 

, , ,  reply  to,  482. 

, ,  report  upon,  350. 

,  . . . . ,  . . . . ,  . . . . ,  request  for, 

310  ;     and  see  Nuestra  Senora 
de  Belem. 

Diligence,  galley,   131  v. 
Docminique^  Paul,   a   Lord   Commis- 
sioner for  Trade   and   Planta- 
tions, 233,  625. 

,  letter  to,  396. 

reference  to,  373  HI. 

Dodan,  230. 

Dolphin,  sloop,  seized  by  Spaniards, 
737  IH. 

Doucett,  Capfc.  John,  Lt.  Governor  of 
Annapolis  Royal,  550. 

,  Address  to,  351  n. 

,     . . . . ,     . . . . ,    in    favour    of, 

340  i. 

,    ,    allegiance    of    French 

inhabitants   required   by,    185, 
185i. 

, ,  reply  to,  185  11. 

,  . . . . ,  arrival  of,  392  n. 

, commission  of,  185. 

,  . . . . ,  departure  of,  185. 

,    ,  letter  from,    185,   340 

351,  352,  371,  371 1,  n,  392  n 
565,  565  i,  m-v,  635,  789. 

,  letter  to,  185  n,  351  I 

371  m,  iv,  565  n,  635  i,  789  i 

,   . . . . ,  Proclamation  by,  con 

corning     ships     clearing     from 
Annapolis  Royal,  392  n. 

Douglas,    Dr.    James,    plantation    of, 
St.  Kitts,  grant  of,  46. 

,  John,  plantation  of,  St.  Kitts, 

grant  of,  46. 

,  . . . . ,  . . . . ,  . . . . ,  order   con- 
cerning, 816.  . 

,   . . . . ,   . . . . ,  . . . . ,  petition  for 

confirmation  of,  46. 

,  Walter,  late  Governor,   L.I., 

grant  of  lands  by,  260,  441. 


Douglas,  Walter — cont. 

. ., ,  lands  of,  691. 

,  . . . . ,  . . .  . ,  petition  concern- 
ing, 60  i,  n. 

,  . . . . ,  . .  . . ,  .  .  . . ,  referred,  60. 

Douglass,  James,  proposal  by,  for 
settlement  in  Nova  Scotia, 
3  i,  n,  86. 

,    . . . . ,    . .  . . ,  referred,  3. 

Downing,  Denis,  examination  of, 
738  n. 

,  Nathaniel,  document  signed 

by,  603  i. 

,  Peter,  document  signed  by, 

298  v. 

Dragon,  H.M.S.,  394,  751  i,  n,  758  i. 

Drake,  Jonathan,  document  signed 
by,  399,  423. 

Drummy,  John,  deposition  of,  373, 
i,  n. 

, ,  referred,  375. 

Dubrauil,  — ,  lands  of,  789  iv. 

Dudley,  J.,  late  Governor  of  N.E., 
commission  of,  for  trying  pir- 
ates, 656,  658,  659,  747. 

, ,  letter  from,  669  i. 

,  Sir  Matthew,  letter  to,  810  i. 

Dujarz,  document  signed  by,  397. 

Duke  and  Duchess,  pirate  ship,  797. 

Dummer,  Jeremiah,  Agent  for  Mass. 
Bay  and  New  Hampshire,  Com- 
mission of,  783. 

,  . . . . ,  ,  required, 

771. 

,  . . . . ,  dismissal  of  Bridgor  and 

Lt.  Gov.  Taylor  procured  by, 
735. 

, ,  letter  from,  354,  383  n, 

428,  458,  592,. 744. 

, ,  letter  to,  669  i,  771. 

,  memorial  by,  report 

upon,  261. 

, , ,  reply  to,  268. 

,   . . . . ,  petition  of,  458  i. 

misrepresentations  by, 

alleged,  735. 

,  . . . . ,  proposal  of,  concerning 

lands  adjoining  Nova  Scotia, 
543. 

vote  for  (N.H.),  458  n. 

Dunbar,  Capt.,  Nevis,  230. 

,  ?  Charles,  Surveyor  General 

of  Customs,  Barbados  and  Lee- 
ward Islands  etc.,  letter  from, 
495i. 

,  . . . . ,  . . . . ,  . . . . ,  referred, 

495. 

,  William,  document  signed  by, 

413. 

Duncan,  A.,  certificate  by,   10  v. 

Duport,  John,  Councillor,  St.  Kitts, 
death  of,  736. 

,  Stephen,  Agent  for  Leeward 

Islands,  document  signed  by, 
200. 


470 


GENERAL  INDEX. 


Duport,  Stephen — cont. 

t  .  . .  . ,  claim  of,  to  grant  in  aid, 

510. 

.  . . . ,  letter  from,  609. 
t  .  .  .  . ,  plantation  of,  St.  Kitts, 

claim  to,  510. 

.    . .,  . . . .,  wife  of  above,  510. 
Durell,  Capt.,  R.N.,  357. 
Durham,  David,  document  signed  by, 

399. 
Dutch  West  India  Company,  Director 

of,  complaint  by,  818  I. 
,  letter  to,  316,  443,  444, 

455,  690,  693,  702,  725,  725  i, 

777,  778,  811,  818  i. 
,  Minutes  of  Court  at  Essequibo, 

693  i  ;    and  see  Holland. 


Estridge,     Benjamin,      proposed     for 

Council,  St.  Kitts,  559. 
,  Joseph,  Councillor,  St.  Kitts, 

797. 

,  .  .  .  . ,  grant  of,  continued,  574. 

Evans,  Capt.,  R.N.,  grant  of  land  to, 

in  N.Y.,  resumed,  650. 
Every,  Henry.     See  Bridgman. 
Exchequer,  Chancellor  of.  See  Aislabie, 

John. 

Exuma  I.   See  Bahama  Islands. 
Eyles,  Sir  John,  petition  of,  822. 


Eagle,  sloop,  case  of,  131  iv,  v,  681  ix, 

797  vi. 
Earle,  Charles,  hostage  at  Martinique, 

release  of,  proposed,  230  ;    and 

see  Nevis,  invasion  by  French. 
Eden,    Charles,    Lt.    Governor   of   N. 

Carolina,  letter  from,  58. 
Edinburgh,  lottery,  petition  for,  671  I. 
Edward  and  Sarah,  ship,  737,  737  iv. 
Edward  and  William,  ship,  seized  by 

Spaniards,  737  iv,  v. 
Edwards,    Capt.,    taken    by    pirates, 

797  n. 

,  pirate,  298  n. 

John,  575  i. 

,  William,  document  signed  by, 

603  i. 
Eleis,   Robert,   document   signed   by, 

438,  439. 
Eliot,    John,    document    signed    by, 

413  ;    and  see  Antigua,  Act  to 

indemnify. 
Elizabeth,  sloop,  capture  and  re-taking 

of,  551. 
Elmes,    Thomas,    deposition    of,    729 

(b). 
,    document   signed   by, 

192. 
Emott,  George,  document  signed  by, 

516  i. 
Emperor,  ship,   captured   by   pirates, 

737. 
England,  A.   See  Sanders. 

,  Edward,  pirate,  797  n-vi. 

Escoubert,    Capt.,    591  n ;     and    see 

UaimabU  Marie,  case  of. 
Esmit,     Adolph,     Governor     of      St. 

Thomas,  letter  from,  593  i,  II. 
Essequibo,  Minutes  of  Court  at,  693  i. 


Fairfax,  William,  Councillor,  Bahamas, 

737. 

,   . . . . ,  commendation  of,  737. 

,  4 .  .  . ,  Judge  of  the  Admiralty, 

737. 

Fallon,  James,  petition  of,  309. 
Fanquier,     Marquis    de,     General    of 

French  W.I.,  753  I. 
Fawler,  J.,  Commissioner  of  the  Navy, 

document  signed  by,  386. 
Felix,  Pere,  letter  from,  371  ra,  565  n. 

, letter  to,  371 1,  565  in. 

Fenton,  Thomas,  plantation  of,  peti- 
tion concerning,  32. 
,   William,    plantation  of,  pro- 
posal to  purchase,  21. 
Fernando,  Francesco,  Commander  of 

privateer,   Jam.,   case  of,    117, 

118,  131  iv,  v. 
,   . . . . ,  order  to,  225  ;    and  see 

Niiestra  Senora  de  Belem. 
Fife,  Capt.,  forced  to  turn  pirate,  551. 

,  . . . . ,  retakes  ship,  551,  720. 

Florida,  Spanish  wrecks  off,  fishing  on, 

737  iv,  v  ;    and  see  Spain. 
Floyer,  John,  recommendation  of,  as 

Naval  Officer,  L.I.,  822. 
Flying  Post,  The,  238. 
Forbes,  Josiah,  arrest  for  piracy,  10  vi. 
Forde,  — ,  Nfd.,  charge  against,  626  i. 
Forest,  George,  document  signed  by, 

413. 
Forte,  Samuel,  document  signed  by, 

742  xiv. 
Fortune,  sloop,   captured  by  pirates, 

551  ix. 
Foster,  Christopher,  document  signed 

by,  601  i. 

Miles,  N. J.,  death  of,  739. 

4£  p.c.  duty,  tho,  534. 

Fowler,  Richard,  document  signed  bv, 

603i. 
Fox,  Anthony,  Councillor,  Montserrat, 

797. 


GENERAL  INDEX. 


471 


FRANCE  AND  THE  FRENCH  ;  and  see 
Canada  ;  Cape  Breton  ;  Indians  ; 
Louisiana  ;  Martinique  ;  Missi- 
ssippi ;  Nova  Scotia. 

,  Bahamas,  attack  on.  feared, 

737. 

,  . . .  . ,  claimed  by,  737. 

Ambassador  of,  Secretary  to. 

See  Chammorel. 

,  British  vessels  seized  by,  54, 

64  ;  and  see  Nova  Scotia. 

,  . . . . ,  representation  concern- 
ing, 64. 

,  Compagnie  de  1'Occident, 

patent  of,  238. 

,  designs  of,  letter  concerning, 

238. 

,  encroachments  on  Carolina, 

238,  256. 

,  . . . . ,  measures  against,  256. 

,  forts,  in  bad  repair,  700. 

,  . . . . ,  built  by,  amongst  Creeks, 

423. 

,  . . . . ,  map  showing,  700. 

,  Hispaniola,  settlements  on, 

298. 

,  Martinique,  revolt  at.  See 

Martinique. 

,  Mississippi,  settlements  on, 

238,  389,  660. 

,  . . . . ,  . . . . ,  enquiry  concern- 
ing, 389,  544. 

,  . . . . ,  . . . . ,  measures  to  pre- 
vent, 389  ;  and  see  Mississippi. 

,  naval  stores  supplied  to,  by 

Danes,  628  i. 

,  Nevis,  claims  under  capitula- 
tion. See  Nevis. 

,  pirate  taken  by  English  pirate, 

797  n,  vi. 

pirates,  ships  taken  by,  660, 

737,  797  n,  800. 

,  plantations  of,  103  i. 

,  Regent,  the,  185. 

,  Sta.  Lucia,  settlement  on, 

representation  concerning,  64. 

,  sugar,  taxation  of  imported, 

103  i,  227  ;  and  see  Barbados, 
Act  taxing  ;  Antigua,  Act  to 
prohibit. 

,  trade  with,  227,  660. 

, ,  prohibition  of,  134,  193, 

227,  227  i,  317,  534. 

,  . . . . ,  . . . . ,  difficulty  of  pre- 
venting, 317. 

,  . . . . ,  . . . . ,  ship  condemned 

for,  134. 

,  . . . . ,  Jamaica,  181. 

Nfd.,  798. 

,  Spaniards  in  W.I., 

389. 

, ,  Va.,  prohibited,  657,  657 

II. 

,  War  with  Spain,  declared  by, 

803,  804,  813  i. 


France  arid  the  French — cont. 

,  Treaty  with,   789  i  ;    and  see 

Treaty  of  Utrecht  etc. 
,  wool,  export  to,  from  N.E., 

620,  621. 
Freeman,  Arthur,  Act  concerning.   See 

Antigua,  Act  to  enable. 
,  Dorothy,  wife  of  above,  564  ; 

and  see  Antigua,  Act  to  enable 

etc. 

,  Edmond,  charge  against,  751. 

,  . . . . ,  bond  of,  751  i. 

,    . . . . ,    document    signed    by, 

411,  412. 
Fretwell,     Peter,     recommended     for 

Council,  N.J.,  112,  194,  219. 
,    . . . . ,    . . . . ,   appointed,    234, 

347. 

Frontenac,  Lake,  238. 
Frowd,  Capt.,  pirate,  797,  797  v. 
Frye    (Frey),   John,   Col.,   Councillor, 

Antigua,  document  signed  by, 

411,   412. 
,    . . . . ,  leave  of  absence,   736, 

797. 
,    William,    Councillor,    Mont- 

serrat,  797. 

Fundy,  Bay  of,  185,  351. 
Fyal,  trade  with,  330. 


G 


Galdy,    Lewis,    owner    of    privateer, 

Jam.,  131  i-v. 
, bond   taken   from,   131 

in. 
,    . . . . ,    document   signed    by, 

252  iv  ;    and  see  Nuestra  Senora 

de  Belem. 
Gale,  Christopher,  Councillor,  Bahamas, 

737. 

,   commendation  of,  737. 

,   . . . . ,  Chief  Justice,  737. 

,  Wingate,  Councillor,  Bahamas, 

737. 

,  . . . . ,  commendation  of,  737. 

Gamble,  James,  document  signed  by, 

413. 
John,       Col.,       Councillor, 

Antigua,  797. 
,   . . . . ,    appointment    of,    358, 

683,  661. 

,   . . . . ,   proposed,  573. 

,    document   signed    by, 

411,  412. 

, ,  Chief  Justice,  358. 

,  . . . . ,  . . . . ,  services  of,  358. 

,  . . . . ,  jr.,  document  signed  by, 

413. 


472  GENERAL  INDEX. 

Gaixiner.  Samuel,  document  signed  by,  George  I,  King,  orders  etc,  by,  eoncern- 

438,  439.  ing—cow*. 

Garnet  t,  John,  nroiMMod  for  Council,  ......  ,   ----  ,   ----    Leeward  Islands, 

St,  Kilts,  5511  64,   72,   75,    81,    136,   583-585, 

......  ,      ____  ,      not      admitted      by  654,719,805;  and  see  Antigua  ; 

Governor     Hamilton,     797.    '  St.  Kitts. 

G&spard,    —  ,     (Jam.),    French    ship  ......  ,  ----  ,  ----  Massachusetts  Bay, 

seized  by,  591  n.  544. 

.  .  .  ,,  imprisoned,  591  n.  ......  ,....,.  ___  Montserrat,  136. 

......  '  ____  ,  prosecution  of,  petition  ......  ,  .........   Nevis,  585. 

for,  591  n.  ......  ,  ----  ,  ----  Newfoundland,  20, 

......  ,  ----  ,  ----  ,  order  for,  proposed,  39,  64,  527. 

606.  ......  ,  ____  ,   ----    New  Hampshire, 

Gee,    Joshua,    application    to    Parlia-  80,  674. 

ment  by,  450.  ......  ,   ----  ,   ----   New  Jersey,  234, 

......  ,   ____  /letter  from,  819.  346-348,    378,    445,    454,    558, 

......  ,  ____  ,  letter  to,  772,  784.  629. 

......  ,  ____  ,  memorial  by,  586.  ......  ,    ----  ,    ----    New  York,    172, 

......  ,  ____  ,  petition  of,"  3  i,  n.  377,  600  1. 

......  ,   ____  ,   ____  ,  referred,  3.  ......  ,....,.  —   Nova  Scotia,   19, 

Gebberke,  H.,  letter  from,  777.  37,  523,  673. 

George  I,  King,  allegiance  to,  oath  of,  ......  ,    ----  ,    ....    pirates,    pardon 

required   from   French   inhabi-  and  trial  of.    See  under  Pirates. 

tants    of    Nova    Scotia,     185,  ......  ,      ----  ,      ----      presents     for 

185i.  Governors,  64. 

......  ,  .  —  ,  ----  ,  ----  ,  refused,  185  ......  ,    ----  ,    ----    reprisals  against 

n.  Spain,  780. 

......  ,    ----  ,  dethronement  by  Pre-  ......  ,   ____  ,   ----    St.  Kitts,  60,  61, 

tender      rumoured      in   *  Nova  66,    203,    336,    369,    574  ;     and 

Scotia,  185.  see  Leeward  Islands. 

......  ,   ----  ,  in  Council,  appeals  to,  ......  ,     ____  ,     ----     seals    for    the 

79,  87,  144,  232,  266  ;    and  see  Plantations,  127,  135. 

Privy  Council.  ......  ,     ----  ,     ----     Surveyor    and 

......  ,  ----  ,  ----  ,  procedure  in,  266.  Auditor  General,  154. 

......  ,    ----  ,    ----  ,  orders,   commis-  ......  ,  ____  ,  .  ___  Virginia,  342,  380. 

sions,    instructions,    proclama-  ......  ,  ____  ,  addresses,  appeals,  peti- 

tions, references,  warrants  by,  tions,  representations  to,   con- 

concerning  ;  —  acts         affecting  corning  ;  —  Antigua,     158,     191, 

trade  and  shipping,  90  1,  111,  142.  217,  277,  312  i,  368  I,  515,  579, 

......  ,     ----  .     ----  ,     ----  .Antigua,  579  i,  611,  745,  802  ;    and  see 

337,    368,    573,   583,   584,   647,  Leeward  I. 

661,  769,  775  ;  and  see  Leeward  ......  ,    ____  ,    ____  ,    ____    Bahamas 

Islands.  287. 

......  •    ----  .    ----     Bahama  I.,    64,  ......  ,    ----  ,    ----  ,    ----    Barbados, 

167,  220  i,  n,  278,  305,  353.  2  i,  56,  57  i,  68  i,  79,  87,  143, 

...........  .  ----  RarfMWkiB,  52,  57,  148,  159  i,  m,  753  i. 

137,  138,  160,  179,  646.  ......  ,    ....,    ....,     ....     Carolina 

......  ..........  Carolina,  360,  537,  360  i,  399,  423,  493,  514,  536, 

562,  587,  637.  536  n,  67i  L 

......  •••••'  ----   Council  of  Trade  .......  ,    ----  ,    ----  ,    ----    failure    of 

scheme  for  invasion,  35,  340. 

......  •     ----  »•••-.  P"H"«liMi    of  ......  ,  ----  ,  ----  ,  ----  ecclesiastical 

War  with  Spam,  780,  803,  804,  jurisdiction  in  the  Plantations, 

813i,  814.  159  1. 

......  »  •  •  -  •»  ....  fees  for  copies  of  ......  ,  ____  ,....,.  ___  Jamaica   4  i 

orders,  4O8.  18  r,  35,  97  I,    109  i,  144,  163 

......  •;:•-»  ----  fashing  upon  wrecks,  i,   168,   178  i,  218  i,  272,  320  i, 

131  v-            __    _       ,    tt  591  i,  681,  681  m,  748,  75O  i, 

Hudson's  Bay,  793.  765. 

"  "" 


Antiglia;  Nevi8;  st- 

.....     ....     logwood 

774,  792.  cutters  in  Campeche  Bay,  104  1. 


GENERAL  INDEX. 


473 


George    I,    King,    addresses     etc.    to, 
concerning — conf. 

,    ....,    ....    Maryland, 


chusette  Bay,  543. 


Nevis,  102 1, 


540; 
543." 


,  ...., Newfound- 
land, 318,  392  i,  527,  550,  798, 
808. 

,  ....,  ....,  ....  New  Hamp- 
shire, 627. 

, , , New  Jersey, 

219,  326,  373  m,  445  i,  597. 

, ,  ..... New  York, 

113,  161,  333,  499  i,  603  i,  n, 
709. 

, ,  ....  Nova  Scotia, 

3  i,  392  i,  543,  550. 

,  ....,  ....,  ....  Pennsyl- 
vania (Three  Lower  Counties), 
117  i. 

, pirates,  91, 

372,  393  i,  539,  780. 

,  ....,  ....,  ....  pressing  of 

seamen,  471. 

,  ,  ,  St.  Kitts, 

43,  60  i,  61  I,  158,  203  i,  325  ; 
and  see  Leeward  T«J<urwi«. 

, , St.  Thomas, 

8  i. 

,  ,  ,  sturgeon, 

patent  for,  149  i,  222,  222  i. 

Virginia,  342 1, 

343,  410,  568  m-v,  757  i,  800  n. 

»  ....,  ....,  ....  Virgin 

Islands,  8 1,  628,  652,  818  i;  and 
tee  Leeward  Islands. 

, , ,  War  with 

Spain,  803,  804,  813  i,  814. 

George,  Prince  of  Wales,  petition  to, 
concerning  Jamaica,  65  i-m. 

Gerard,  Capt.,  618. 

German  miners  in  Virginia,  800. 

German  Protestant  Refugees  (Pala- 
tines), estimate  for  transporting 
to  thfr  n^i««»»»«^  76, 

,  destitution  of,  76.* 

character  of,  600. 

,  indentured  servants  for  Penn- 
sylvania, 76. 

New  York,  money  advanced 

by  Governor  Hunter  for,  402, 
600. 

, account  of,  235. 

,  ,  application  to  Parlia- 
ment for,  112,  236,  602. 

»  report  upon,  required, 

4  U  i. . 

, settlement  of,  x>n  Hud- 
son River  efc^,  account  of,  600, 
6501. 


for 


New 

York, 

pro- 
posed, 600. 

,    ,    ,   Weiser  sent   to 

England  on  behalf  of,  600. 

Gerrish,  John,  Councillor,  N.H^  death 
of,  ML 

,    WHfiam,    Councillor,    Mnsjl 

Gibbon,  WTliisi,  ilniBMi  •ftHiilby, 

399. 
Gizr-illiat,  Peier,  ^r-ir.* 

574. 

GiDard,  Edward,  794. 
Gflhnon,  Nicholas, 

Oiaaiil,  NJE^  700. 
Giraodel,  M    plantation  of, 

MS, 

flfcacesffr,  HJLS.,  593  iv  (a). 
Glover,  Richard,  seditious  speech  by, 

3ft  30. 

,  Robert,  character  of,  359. 

,    ,  dspositkwi    of,   358   i, 

359,  359  i. 
Godfrey,  — ,  317. 
.......  John,  document  signed  by, 

399. 
Godin,  Stephen,  660. 

, pntitinn  of,  631. 

Godolphin,  Sir  Wflliam,  104  i. 
Gomersall,  Ezekiel,  Councillor,  Jam., 

appointed,  144. 
.......    ....,   ....,  appointment  of, 

144. 

Gordon,  Jmnwrn,  *ltij*mlMm  of,  134  rv. 
Thnmsa,     Councillor,     N.J., 

194,  373  iv. 

, ,  Receiver  General,  docu- 
ment signed  by,  651. 
,  Rev.  W.,  Barbados,  attempt 

by,  to  erect  ecclesiastical  Court, 

protest  against,  68  L 
,....,...., .referred, 

68. 


upon,  159. 


mended,  159. 
.......  ....,  return  by,  763. 

Gorges.    Sir    Ferdinando,    grant 

616  n,  iv,  744. 
Gowers,  Arnold,  Cap*-,  737. 
Grant,  Juan  P 


to, 


by.  252. 

Graves,  —  ,  Collector, 
Greathead,  John,  grant  of, 

574. 
Green,  Barthokkmew,  Printer,  Boston. 

5751. 


474 


GENERAL  INDEX. 


Green  Turtle  Key,  737.  Halsey,    Abraham,    document   signed 

Gregory,  John,  proposed  for  Council,  by,  603  I. 

Jam.,  116.  ,   Isaac,   document   signed   by, 

,  . . . .,  appointed,  144.  603  I. 

Grevill,  Doddington,  guardian  of  the  Halsted,     John,     recommended     for 

Duke    of    Beaufort,    document  Council,  Jam.,  53. 

signed  by,  176.  Hambly,  Peter,  445  n. 

Grey,  Thomas,  affidavit  of,  177  i.  ,    ,    document   signed    by, 

Grymes,  John,  Depty.  Auditor,  Va.,  445  i. 

800.  Hamilton,  Lord  Archibald,  late  Goy- 
9    . . . . ,    document   signed   by,  ernor    of    Jamaica,     affidavits 

406  i,  657  v,  yi.  against,  alleged  to  be  perjured, 
,  . . . . ,  opposition  to  Lt.  Gov.  109  I. 

Spotswood  led  by,  799.  ,    ,   arrest   of,   unjustified, 

Guadeloupe,  134  vi.  109  i,  169. 

,  competition  of,  feared,  534.  , ,  charges  against,  of  being 

,  Papist  settlers  from  Antigua,  concerned       in       piracy       of 

309.  privateers,  131  iv,  225. 

pirates  attack,  298  n.  ,    ,    ,  dropped,    109  i, 

soil  of,   enquiry   concerning,  169. 

652.  ,     ,     enquiry    into, 

,    trade    with,    prohibition    of,  irregularities  of,  109  i,  140. 

recommended,  534.  , , ,  hearing  of,  109  i, 

Guardia,    John    Bernardo    de,    letter  169 1,  170  HI. 

from,  246,  252.  , , petition  for, 

,  letter  to,  239.  109  i,  169. 

,  petition  of,  4  i,  n,  310  i,         ,    . . . . ,     »    reply    to,     64, 

541.  109  i-vi,  131  i-m,  v,  170  i. 

,  referred,  4.  ,....,  evidence  for,  169, 

,  . . . . , report  upon,  350,  170  i. 

482.  , , ,  referred,  109. 

,    . . . . ,    . . . . ,  requested,         ,   . . . . ,   . . . . ,  report  upon,  64, 

310  ;    and  see   Nttestra   Senora  169. 

de  Belem.  ,  . . . . ,  . . . . ,  order  upon,  64. 

Guilford,  Guildford,  Lord.    See  North,         ,    . . . . ,    document   signed    by, 

Francis.  109  iv,  131  i,  n,  322,  324. 

Guinea,  trade  in  negroes,  196.  ,....,  grant  by,  97  i. 

Gunthorpe,  John,  document  signed  by,         , Instructions  of,  168,  169, 

411,  412.  234,  266  m. 

,   . . . .,  Kensington  sloop  (N.S. 

de  Belem),   appeal  allowed  in 
case  of,  350. 

,  . . . . ,  commission  for  re-trying, 

323  ;     and   see  Nuestra  Senora 
de  Belem. 

,  . . . .,  letter  from,  121. 

H  ,    ,   letter   to,    109   n,   m, 

vi,  120,  252  vi,  482. 
Haddon,  John,  document  signed  by,         ,    . . . . ,   money   deposited    by, 

413.  681  ix. 

Hager   (  ?  ),    John,   document  signed         ,  debt  due  to,  for  sub- 
by,  650  i.  sisting    soldiers,    payment    of, 
Hakluyt,  quoted,  798.  ordered    out    of    Revenue,    64, 
Hales,    Robert,    Clerk    of    the    Privy  18,  18  i,  64,  681. 

Council,   document  signed  by ,   . . . . ,   . . . . ,   . . . . , with 

178  i,  203,  338,  342,  377,  378,  interest,  64. 

380,    499,    537,    583-585,    587,         ,    ,    ,     ,   re- 

768,  769.  commended  to    Assembly,    64, 

Hall,  Arthur,  document  signed  by,  399.  144  i. 

,  Giles,  351 1.  f t ,....,  refused 

»  Joseph,  document  signed  by,  by  Assembly,  681. 

298  vii.  t t  salary  and  other  debts, 

»  William,  Capt.,  captured  by  account  of,  ordered,  64. 

pirates,  551  x,  730.  , ,  order  by,  to  Fernando, 

deposition  of,  551  x.  copy  of,  requested,  225. 


GENERAL  INDEX. 


475 


Hamilton,  Lord  Archibald — cont. 
,    papers   submitted   by, 

117-125,  131  i-v. 
,  . . . . ,  privateers  commissioned 

by,  131,  131  i-v,  591  I,  n. 
,    . . . . ,    . . . . ,  instructions  for, 

131  i,  n,  iv,  v. 
,  . . . . ,  . . . . ,  . . . . ,  bond  taken 

for  observance  of,  131  m. 
,    . . . . ,    . . . . ,    prosecution    of, 

643. 
,  . . . . , petition  for, 

591  n,  606 ;   and  see  Uaimable 

Marie,  case  of. 
,  recall  of,  109  I,  131  v, 

140. 
,    . . . . ,  satisfaction  demanded 

by,  from  Spaniards,  65  i. 
,     George,     Earl     of     Orkney, 

Governor  of  Virginia,  207,  800 

ii  (a). 
, ,  dismissal  of,  urged,  799, 

800  n. 

,     . . . . ,    instructions    of,    con- 
cerning   acts    affecting    British 

trade  and  shipping,  90  i,  m. 

, ,  letter  to,  588,  799. 

,    John,     Councillor,    Antigua, 

797. 
,    ,    document   signed   by, 

411,  412. 

,  E.,  Duchess  of,  261. 

,  Duke  of,  claim  of,  to  lands 

between  Nova  Scotia  and  N.E., 

report  upon,  261. 

, , ,  reply  to,  268. 

,    John,    Postmaster    General, 

America,  194. 
,     Walter,     Governor    of     the 

Leeward  Islands,  573,  761. 
, Acts,   remarks    on    by, 

required,  487. 
,  . . . . ,   Address   in   favour   of, 

411-413,  438,  439. 

, ,  Address  to,  722,  722  i. 

,    ,    ,   reply   to,  722  i. 

, charges  against,  16,  34, 

134  vi-ix\ 

,   . . . . ,  . . . . ,  enquiry  into,   66. 

,    ,   reply     to,     438, 

441,  691. 
, ,  Antigua  visited  by,  494, 

691. 
,    Councillor     suspended 

by.  See  Morris,  Thomas. 
,    . . . . ,     vacancies     for, 

notification    of,    required,   570. 
grants  of  land   by,   34, 

325,  691,  692,  692  n  ;    and  see 

charges  against. 

,  . . . . ,  . . . . ,  petition   concern- 
ing, 260. 
,  . . . . ,  house-rent  for,  Antigua, 

allowed,  64,  73. 
,  illness  of,  691. 


Hamilton,  Walter — cont. 

,    . . . . ,   instructions     by,     298, 

298  iv,  526  v,  736,  736  n. 
,    . . .  . ,    instructions     to,     8  i, 

369,  628  i,  802  ;  and  see  Planta- 
tions, Governors  of. 
,   . . . . ,   . . . . ,  concerning  Acts, 

severity  of,  171. 
,   . . . . ,   . . . . ,   concerning    Acts 

affecting    trade    and    shipping, 

90  i,   111,   142,  171,  531,  722. 
,   . . . . ,     . . . . ,    concerning    Mr. 

Buor,  644. 
,  . . . . ,  . . . . ,  compliance  with, 

ordered,  408,  570. 
, ,  concerning  grants 

of  land  in  St.  Kitts,  329. 
,     . . . . ,      . . . . ,     infringements 

of,  570  i,  722. 

,  ...., ,    ....,   pro- 
test against,  722  i. 

,    ,    new,    64,  257  i. 

,  . . . . ,  . . . . ,  concerning  Virgin 

Islands,    171,   494  i,   526,   582, 

582  n. 
,    letter    from,     40,     64, 

66,    104  i,    134,   157,  214,  298, 

358,    430,    431,    441,    442,    494, 

494  n,  m,  526,  557,  557  I,  582, 

691,    692,    692    m,    722,    736, 

740,  797. 
,   letter   to,     40   i,     171, 

329,   408,    487,    526  i,  m,  iv, 

532,    570,    574,    579,   652,   816, 

817. 
,  Montserrat  visited  by, 

797. 
,  . . . . ,    Nevis    visited    by,    40, 

298,  797. 
, petition  to,  from  Virgin 

Islands,  298,  298  v,  vn. 

,  . . . . ,  pirates  chased  by,  298. 

,    . . . . ,    . . . . ,    commission   for 

pardoning   and   trial   of,    746 ; 

and  see  Plantations,  Governors 

of. 
,     . . . . ,     precautions     against 

capture  by,  134,  298. 
..,..., ,  Proclamation    by,    692, 

692  i,  iv,  736. 
,     . . . . ,  public  papers   ordered 

to  be  transmitted  by,  570. 
,   queries  to,  from  Board 

of  Trade,  652  i. 
,  . . . . ,  recall  of,  rumoured,  411, 

412,  438. 
,   . . . . ,  St.    Kitts    visited    by, 

298,  691,  797. 

,  . . . .,  services  of,  438. 

,    . . . . ,  visit  to  Virgin  Islands, 

delayed    by    fear    of     pirates, 

134. 

, wife  of  above,  691. 

,  William,  document  signed  by, 

413. 


476 


GENERAL  INDEX. 


Hampstead,  ship,  case  of,  662. 
Handasyde,    Col.,     late    Governor    of 

Jamaica,  175. 
Hanson,    Claude,    Commander,    letter 

from,  593  I,  in. 
Hare,  Timothy,  plantation  of,  petition 

concerning,  30,  30  i. 
Harman,  Ephraim,  177  i. 
Harris,  D.,  letter  from,  110. 

,  John,  deposition  of,  692  vn. 

,     Richard     (Car.),     document 

signed  by,  399. 

, (Jam.),  421. 

Harrison,  — ,  Rev.,  392  n. 

,     Francis,     recommended     for 

Council  of  New  York,  112,  228, 

402. 
,      John,      recommended      for 

Council,  N.J.,  739. 
,    Nathaniel,    Councillor,    Va., 

209,  588  I. 

,  . . . . ,  memorandum  by,  588  n. 

,     Thomas,     Councillor,     Jam., 

appointed,  144. 

,   ....,  death  of,  749,  774. 

,  . . . . ,  recommendation  of,  53. 

Harrox,  William,  document  signed  by. 

413. 
Hart,     Charles,     Secretary,     Car.     S., 

Commission    and    Instructions 

of,  696. 
,    document    signed    by, 

730,  787. 

,    ,   letter   to,    696. 

,   . . . . ,  return  of  lands  granted 

and    rent-roll     required    from, 

696. 
,    . . . . ,  salary  of,  warrant  for, 

630-632. 
,  John,  Governor  of  Maryland, 

charges  against,  288,  289. 
,  . . . . ,  conference  of  Governors 

attended  by,  406. 

, ,  letter  from,  100,  417  i. 

,    . . . . ,   Papists   and   Jacobites 

encouraged  by,  288. 

,  . . . . ,  patron  of,  288. 

,  proclamation    by,    100, 

100  i,  417  n. 
t     . . . . ,    recall    of,    demanded, 

288,  289. 
, ,  trade,  illegal,  by,  alleged, 

289. 

Harwich,  sloop,  751. 
Harwood,  Lucy,  petition  of,  2  i. 

,  . . . . ,  . . . . ,  referred,  2. 

,  Richard,  duel  of,  2  i. 

,   . . . . ,  son  of  above,  petition 

for  pardon  of.  2  I. 

»  . . . . ,  . . . . ,  . . . . ,  referred,  2. 

Hastens,  Col.,  murdered  by  Indians, 

423. 

Havana.    See  Cuba. 
Hay,   James,   Earl  of   Carlisle,   grant 

of,  534,  628  i. 


Hayman,  William,  petition  of,  65  i. 

,   .  .  .  . ,   .  .  .  . ,  referred,  65. 

Hazelwood,  — ,  Agent  of  South  Sea  Co., 

letter  from,  206  i. 
Healis,  Edmund,  duel  of,  2,  2  i. 
Heathcote,    Caleb,    Councillor,   N.Y., 

112. 

,  .  . . . ,  Surveyor  General,  351  u. 

,  Sir  Gilbert,  Agent  for  Assem- 
bly, Jam.,  119. 
Hedges,  Charles,  Secretary  and  Clerk 

of  the  Crown,  L.I.,  commission 

of,  revoked,  805. 

,  . . . . ,  document  signed  by,  413. 

Heldon  (Helden)  John,  plantation  of, 

St.     Kitts,     order    concerning, 

817. 
,    . . . . ,   refuses   Councillorship, 

736. 
Helot,  Edmund,  plantation  of,  claim 

to,  510. 

, ,  widow  of.  See  Duport,  S. 

, ,  daughter  of,  510. 

Hemings,    Samuel,    recommended   for 

Council,  Jam.,  53. 
Hemsley,    Mary    (Ma.),    letter    from, 

288. 
,     ,    charges    by,     against 

Governor  Hart,  288. 
Herbert,  Joseph,  document  signed  by, 

438,  439. 
,  Thomas,  Nevis,  Act  to  settle 

estate  of,  570  i  (a). 

Hern,  Joseph  (Middebourrow),  deposi- 
tion of,  737  in. 
Howes,  — ,  Capt.,  660. 
Hext,    Hugh,    document    signed    by, 

399. 
Heysham,    Robert,    document    signed 

by,  286. 

,  .  . . . ,  proposal  by,  33. 

Heywood,    James,    recommended    for 

Council,  Jam.,  53. 
,   Peter,   Commander  in  Chief, 

Jam.,   appointment   of,    109   i, 

131  v. 
,  . . . . ,  Acts  passed  by,  contrary 

to  instructions,  168. 
,  .  . . . ,  arrest  of  Lord  A.  Hamil- 
ton by,  not  justified,  169. 
,    . . . . ,  censure    of,    proposed, 

169. 
,  . . .  . ,  complaint  against,   681, 

750  i. 
,   . . . . ,   . . . . ,  concerning  Naval 

Storehouse,  280. 

,  .  . . . ,  . . . . ,    enquiry    concern- 
ing, 282. 

,  .  .  . . ,  document  signed  by,  35. 

,     enquiries      by,     into 

charges       against       Lord       A. 

Hamilton,  irregularity  of,  109  i. 
,  . . . . ,  . . . . ,  . . . . ,  intention  of, 

alleged,  109  i. 
.......  . . . . ,  grant  by,  97  I. 


GENERAL   INDEX. 


477 


Heywood,  Peter — cont. 
,    . . . . ,    Instructions    to,     dis- 
obeyed, 109  i,  168. 
,     . . . . ,     . . . . ,     .  . . . ,    enquiry 

concerning,  96. 
,    ,  letter  from,     10,     141, 

215,    271,    357,    426,   427,    447, 

549. 

,  letter  to,  10,  10  I,  357  i. 

,   . . . . ,    money    advanced    for 

subsistence    of    troops,    repaid 

with  interest,  18i,  64. 
,   . . . . ,  need    of    H.M.    troops 

admitted  by,  78. 
,  . . . . ,  Secretary  dismissed  by, 

218  i ;  and  see  Cockburn,  W. 
,     . . . . ,    Chief    Justice,    Jam., 

removal  of,  109  i. 

,    . . . . ,    Councillor,    Jam.,    re- 
moved, 144. 

,  . . . . ,  . . . . ,  suspended,  109  i. 

Hill,    Charles,    document    signed    by, 

399. 
,  Edward,  proposed  for  Council, 

Va.,  588. 
,    Samuel,    plantation    of,    St. 

Kitts,  proposal  to  purchase,  48. 
,    . . . . ,  conditions  for  settling 

late    French    lands    suggested 

by,  48  i. 
,  . . . . ,  complaint  by,  of  heavy 

taxation,  48. 

,  W.,  document  signed  by,  413. 

Hinshaw,  John,  351  I. 

Hiscox,  Robert,  affidavit  of,  177  i. 

HISPANIOLA,  551  ii. 

,  competition  of,  feared,  534. 

,  French  Governor  of,  Bahamas 

claimed  by,  737. 

, ,  letter  to,  737. 

,  French  settlement  on,  298. 

,     ,    pirates    at,    298    in, 

797  n,  vi. 
,    trade    with,    prohibition    of, 

recommended,  534. 

,  ....  Jamaica,  181,  750  i. 

,   . . . . ,  Act  to  prevent  fraudu- 
lent, 750  in. 
,  . . . . ,  . . . . ,  . . . . ,  report  upon, 

189. 

Hobhouse,  Benjamin,  Capt.,  298  II. 
Hoddy,  Hugh,  Councillor,  N.J.       See 

Huddy. 
Hodges,  Christopher,  document  signed 

by,  298  v. 
,     Joseph,     recommended     for 

Council,  Jam.,  53. 
Holden,  John,  plantation  of,  petition 

concerning,  30,  30  I. 
Holdernesse,    Earl    of.       See    Darcy, 

Robert. 
HOLLAND  AND  THE  DUTCH  ;    and  see 

St.     Eustatia ;      Dutch     West 

India  Co. 
,  plantations  of,  103  i. 


Holland  and  the  Dutch,    plantations 

of — cont. 

, ,  inN.Y.,  177  i. 

,   sugar,  103  i.     And  see 

Barbados,  Act  laying  duty  on 

foreign  sugar. 

,  settlers  in  St.  Eustatia,  298. 

, ,  St.  Martin,  298. 

, ,  Sabeott  I.,  298. 

,  ship  taken  by  pirates,  797  i. 

,  trade  with  L.I.,  797. 

,     . . . . ,  in    negroes,    question 

concerning,  692. 

, N.E.,  620  i. 

,    . . . . ,  prohibition  of,  recom- 
mended,  534  ;    and  see  Dutch 

West  India  Co. 
Holland,    Richard,    Capt.,    statement 

by,  737  vn. 
Hollander,  A.,  petition  of,  702,   725, 

725  I,  II. 

Holleran,  Cornelius,  petition  of,  309. 
Holmes,  Edward,  Councillor,  Bahamas, 

737. 
,    Lt.  Governor  of  Eleu- 

theria,  737. 

Holten,  J.  von,  letter  from,  593  n  (6). 
Hoof,  Peter  Cornelius,  pirate,  trial  of, 

575,  575  i. 
Hooper,  George,  Councillor,  Bahamas, 

737. 

,   . . . . ,  commendation  of,  737. 

Hopkins,  Capt.,  554,  601,  602. 
Hore,  Timothy,  grant  of,  continued, 

574. 
Hornigold,  pirate,  letter  from,  357  i. 

, ,  reformed,  737,  807. 

....... surrender  of,  357,  357  i. 

,    . . . . ,    pirates    captured    by, 

807. 
Horseford,  Isaac,  document  signed  by, 

411,  412. 
Hoskins,  John,  document  signed  by, 

413. 

Howard,  — ,  pirate,  seizure  of,  800. 
,  . . . . ,  action  brought  by, 

800. 

, , ,  pardoned,  800. 

, , ,  trial  of,  800. 

Henry,   Earl  of  Suffolk  and 

Bindon,  President  of  the  Board 

of  Trade,  233,  339. 
Howell,  Abraham,  former  Lt.  Governor 

of  Anguilla,  migration  to  Crab 

Island  headed  by,  40,  40  i. 
,    . . . . ,    . . . . ,    instructions    to 

stop,  40  i. 
,     . . . . ,     . . . . ,  protest  against 

by  Danes,  593  i-iv. 
,    . . . . ,   seized    by     Spaniards, 

442,  797. 
,    . . . . ,    petition   of,    to   settle 

on  Sta.  Cruz,  40. 
,    Edmund,    document    signed 

by,  603  i, 


478 


GENERAL  INDEX. 


Howell — cont. 

,   Nathaniel,   document   signed 

by,  603  i. 
,    Theodore,    document    signed 

by,  603  i. 

,  Zebulun,  document  by,  603  i. 

Hoy,  J.  (  ?  ),  letter  from,  449. 
Hudd    (Hude),    Adam,    recommended 

for  Council,  N.J.,  194,  739. 
Huddy,  Hugh,  Councillor,  N.J.,  death 

of,  12,  112,  346. 
,  Charles,  document  signed  by, 

445  i. 

,  residence  of,  445  n. 

Hudson,  Capt.,  660. 

Hudson    Bay    Co.,    claims    of,    to    be 

settled  by  Commissaries  under 

the  Treaty  of  Utrecht,  230. 

,  Governor  of.    See  Kelsey,  H. 

Hudson,  R.,  177  n ;  and  see  New  York. 
Hulstum,  John  (Nevis),  proposals  by, 

for  purchase  of  plantations  in 

St.  Kitts,  36. 

Hugg,  John,  Councillor,  N.J.,  appoint- 
ment of,  520,  629. 
,     . . . . ,     recommendation     of, 

597. 
Hume,    Francis,    Capt.,    R.N.,    letter 

from,  526,  526  i,  n. 
,     . . . . ,     mission     of,     to     St. 

Thomas,  494,  494  i,  n. 
,    . . . . ,    instructions  for, 

526  v. 
,  not  permitted  to  land, 

St.  Juan  de  Puerto  Rico,  526, 

526  i. 
,    . . . . ,   pirate   ship    destroyed 

by,  298. 

,  . . . . ,  captured  by,  742. 

Hunter,  John,  Capt.,  privateer,  com- 
mission of,  760. 
,   Robert,   Brigadier,   Governor 

of  New  York  and  New  Jersey, 

284  ;   and  see  New  York  ;   New 

Jersey  ;  Indians,  Five  Nations  ; 

German  Protestant  Refugees. 
,   . . . . ,  accused  of  Jacobitism, 

603  in. 

reply  to,  603  m. 

Address   to,    126,   317, 

317  xi,  516,  516  i,  520  in,  603  i, 

650,  718  i,  738  iv-vi. 
,  . . . . ,  in  favour  of,  126, 

317  xi,   373,   376,   501,   501   i, 

520  in,  603  in. 
,      . . . . ,      administration      of, 

success  claimed  for,  650. 
,     acknowledgments    of, 

to  Board  of  Trade,  223. 
»    . . . . ,    . . . . ,   to   Mr.    Popple, 

112,  223,  236,  602,  718. 
»  . . . . ,  Agent  of.  See  Bampfeild, 

George. 
aid      solicited      for 

Bahamas,  737. 


Hunter,  Robert — cont. 

9  . . . . ,  assassination  of,  hinted 

at,  373,  373  iv. 
,  . . . . ,  charges  against,  by  Cox 

and  party,  N.J.,  373,   373  m, 

iv,  375,  376. 
,  . . . . , reply  to,  accepted, 

344. 
,   . . . . ,  by  Mr.  Lodwick, 

reply  to,  accepted,  402. 
, ,  by  Samuel  Mulford, 

14,  344. 
,    . . . . ,    . . . . ,    . . . . ,    remitted 

for  reply,  94. 
,    ,    ,   reply   to, 

317,   317   i-xi,   373,   376,   453, 

553,  554,  603  m. 
,   ,     . . . . ,    reply    to, 

by  Council  and  Assembly,  112, 

112  i,    126,    317    xi,    603    m, 

724  n,  in. 
,    . . . . ,    referred, 

501,  501  i. 
,    ,    ,    ,   by 

Col.  Schuyler,  578  i. 
,  . . . . ,  . . . . ,  . . . . ,  report  upon, 

317,  317  xi,  xiv. 
, claim  of,  for  subsistence 

of     Palatines,      submitted     to 

Parliament,  112,  236,  402. 

,   . . . . ,   . . . . ,  account  of,  235. 

,     . . . . ,    commended,    22,    69, 

317,  603  m. 
,     . . . . ,    Commission    of,    402, 

600. 
,     . . . . ,     . . . . ,    for    pardoning 

pirates,  738. 
,       . . . . ,      . . . . ,      for      trying 

pirates,     402,     670 ;      and    see 

Plantations,  Governors  of. 

,  . . . . ,  Vice- Admiralty,  479. 

,    . . . . ,   Conference   with   Five 

Nations,  59,  675. 
,     ....,     dismissal    of     (N.J.), 

assurance  of,  373  m,  iv. 
,    document    signed    by, 

738  i. 
,   . . . . ,  frontiers,  extension  of, 

advocated  by,  600. 
,     . . . . ,    grants    of    lands    by, 

account  of,  653  i. 

,  . . . . ,  instructions  of,  663. 

,    . . . . ,    .  . .  . ,    concerning   acts 

affecting     British     trade     and 

shipping,  90  i,  in,  142,  402,  676. 
,  . . . . ,  . . . . ,  relating  to  Acts  of 

Trade,     explanation     of,     633, 

739. 
,    .  . . . ,   .  . . . ,  for  building  fort 

etc.,  600,  600  i. 
,   . . . . ,   concerning  leave 

of  Councillors,  633,  634. 
,    ....,  intrigues  against,    195, 

223. 
,  . . . . ,  letter  commending,  69. 


GENERAL  INDEX. 


479 


Hunter,  Robert — cont. 

,  ,  letter  from,  12,  112, 

194,  195,  223,  228,  236,  317, 
518-520,  553,  554,  600-603, 
613,  618,  650,  653,  663,  675, 
718,  723,  724  I,  738,  739,  764. 

,  ,  letter  to,  69,  94,  344, 

402,  454,  500,  529,  554,  578  I, 
633,  634,  650,  676,  708. 

,  ,  from  Board  of 

Trade,  desired  by,  112. 

,  . . . . ,  message  from,  to  Assem- 
bly, N.J.,  520  i. 

, ,  Speech  by,  to  Assembly, 

N.J.,  520  ii. 

opposition  to,  675. 

,  . . . . ,  at  Court,  alleged, 

373  iv. 

order  by,  603. 

,  . . . . ,  return  to  England,  194. 

,  . . . . ,  . . . . ,  effects  of,  feared, 

194. 

intended,  602, 

675. 

,  leave  for,  12. 

,  . . . . , reason  for,  724  I. 

, supporters  of,  373  in. 

,  . . . . ,  visited  by  Lt.  Gov. 

Spotswood,  406. 

, whale  fishery,  rights  of, 

enquiry  concerning,  402;  and 
see  Mulford,  S. 

Hutchinson,  Edward,  claim  to  lands 
between  Nova  Scotia  and  Maine, 
report  upon,  261. 

, , ,  reply  to,  268. 

,  John,  proposal  to  purchase 

plantation  in  St.  Kitts,  62. 

,  Tobias,  case  of,  626  i. 

Hyde,  Edward,  Viscount  Cornbury, 
late  Governor  of  New  York  and 
New  Jersey,  650,  650  in. 

,   . . . . ,  warrant  by,  317  ix. 

,  . . . . ,  licences  for  whale- 
fishing  by,  317  i-vii. 


Iberville,  M.  d',  French  Envoy,  mem- 
orial by,  102  i,  ii. 

, referred,  102. 

,  . . . . ,  report  upon,  230. 

,  . . . . ,  . . . . ,  reference  of,  to 

Commissioners,  proposed,  230. 

,  French  Commander, 

raid  on  Nevis  by,  fulfilment  of 
capitulation  demanded  for,  102, 
102  i,  it. 


Indians,   Cannistogo   or  Mingo,    con- 
ference with,  101  i. 
,  Carolina.     See  Car.,  Indians, 

war  with. 
,  Cherokee.  See  Virginia  Indians, 

and  Carolina. 
,  Creek.    See  Va.,  Indians,  and 

Carolina. 
,    Cuttaba,    sterility    of,    800 ; 

and  see  Virginia,  Indians,  and 

Carolina. 
,    Delaware,     conference    with, 

101  i. 

,  Eastern,  conference  with,  193. 

,     intrigues    of    Jesuits 

with,  700. 

,  outbreak  of,  feared,  700. 

, ,  treaty  with  N.E.,  193. 

,  . . . . ,  war  with,  cost  of,  193. 

,  Five    (Six),    Nations,     attack 

upon,  proposed  by  Mulford,  112 

i,  126. 
reply    to,    by 

Assembly,  N.Y.,  112  i,  126. 
,    . . . . ,    conference  at  Albany, 

59,  675. 

,....,....  of  Governors  at  Phil- 
adelphia concerning,  59,  406. 

,  . . . . ,  . . . . ,  proposed,  568  ii. 

,  . . . . ,  contented,  578  i. 

,    fort  and  chapel   built 

in  Mohawks'  country,  600. 
,    . . . . ,    . . . . ,    instruction  for, 

600  i. 
,      . . . . ,     fort     in     Onondage 

country  proposed,  600. 
,....,  forts  to  be  built  amongst, 

by  French,  238,  256. 
,    . . . . ,   importance   of,    112   i, 

126,  317  xi,  578  i. 
, incursions  by,  measures 

to  prevent,  proposed,  406. 
,    . . . . ,    intervention    of,    pro- 
posed, 578  i. 
,  presents  for,  necessary, 

578i. 

,  . . . . ,  proposal  to  renew  coven- 
ants with  Virginia,  59,  406,  657. 
,     refuse     to     negotiate 

except  at  Albany,  59. 
,        . . . . ,       Senecas,       attack 

Cuttabas,   59,   59  iv  (a) ;    and 

see  Virginia,  Indians. 
,  . . . . , prisoners  released 

by,  59. 
,  . . . . ,  services  of,  acknowledged 

by  Assembly,  N.Y.,  112  i,  126. 
,    . . . . ,   Lt.   Gov.   Spotswood's 

journey  to  meet,  406,  568  ii. 
,    . . . . ,    treaty   with    Virginia, 

renewal  of,  rejected  by  Council, 

657,  699. 

,  French  and,  600,  660,  700. 

,  . . . . ,  forts  to  be  built  amongst 

by,  238,  256. 


480 


GENERAL  INDEX. 


Indians — cont. 

,  French,  danger  from,  657. 

,    Gunawois,    conference    with, 

101  i. 

,  Iroquois.    See  Five  Nations. 

lands    of,    purchases    from, 

discredited,  268. 

,  murder  by,  149  I.        „ 

,     Northern,     attack     by,     on 

N.  Carolina  begun  by,  699. 
,    Nova    Scotia.        See    Nova 

Scotia,  Indians. 

,  Pennsylvania,  450. 

,    . . . . ,  trade  with,   Act  regu- 
lating, 781. 
,   . . . . ,    . . . . ,  effect  of  honest, 

781  ;     and    see    Five    Nations, 

conference. 
,  Saponie,  attack  by  Northern 

Indians  threatened,  699. 
,  . . . . ,  protected  by  Spotswood, 

699. 
,   Shawanois,    conference   with, 

101  i. 
,  Southern,  Spaniards  entertain, 

423. 
,  . . . . ,  war  with.    See  Carolina, 

S. 

,  Tuscarora.  See  under  Virginia. 

,     Westward,     communications 

with,  657. 

Yamassee.    See  Carolina,  S. 

Ingoldesby,  Col.,  late  Lt.  Governor  of 

New   Jersey,   Acts   passed   by, 

question  of  validity,  344,  600. 

,  grants  of  land  by,  650. 

,  . . . . ,  licences  for  whale  fishing 

by,  317  i- vii. 
Irish,  William,  proposed  for  Council, 

Montserrat,  797. 
Iron,  mines  in  Virginia,  discovery  of, 

Lt.  Governor  Spotswood,  800. 

Pa.,  101. 

,  from  the  Plantations,  premium 

on,  proposed,  450,  815,  819. 

, ,  quality  of,  819. 

Swedish  monopoly  of,  feared, 

819. 
Irvine,  Robert,  Surveyor,  commission 

of,  240. 
Italy,  trade  with  Newfoundland,  626  i, 

751,  758  i,  798. 

Izard,  Ra.,  document  signed  by,  399. 
,  Wa.,  document  signed  by,  399. 


Jacob,  — ,  Capt.,  R.N.,  271. 

» complaint  against,  566. 


Jacobs,  Robert,  deposition  of,  358  i. 

JAMAICA,  442,  797,  797  n. 

Act  appointing  agents,  intro- 
duced, 682. 

,    instruction  concerning, 

1441. 

,  Act,  for  ascertaining  ports  of 

entry,  750  in. 

,  . . . . ,  referred,  555. 

,  . . . . ,  concerning  Courts,  144. 

,    . . . . ,   declaring  what  persons 

shall  be  qualified  to  sit  in 
Assembly,  repealed,  364. 

,    . . . . ,    . . . . ,  repeal  proposed, 

168. 

,  . . . . ,  to   disenable    Councillors 

or  Assemblymen  from  acting  as 
Commissioners  etc.,  repealed, 
364. 

,  . . . . ,    . . . . ,   repeal   proposed, 

168. 

,    . . . . ,  for   the   more   effectual 

discovery  of  persons  disaffected 
etc.,  confirmation  of,  proposed, 
168. 

,     . . . . ,     . . . . ,     . . . . ,    decision 

postponed,  364,  488. 

,  . . . . ,  . . . . ,  enquiry  concern- 
ing, ordered,  415. 

, , ,  objection  to,  390, 

421,  681. 

.  ¥. . . . ,  . . . . ,  . . . . ,  referred,  96. 

,  . . . . ,  . . . . ,  repeal  of,  pro- 
posed, 748. 

, ,  report  upon,  108. 

,    . . . . ,    . . . . ,    . . . . ,    required, 

488. 

,  . . . . ,  to  encourage  the  bringing 

over  of  white  people  etc.,  objec- 
tions to,  168. 

, , ,  referred,  96. 

,  . . . . ,  . . . . ,  report  upon,  108, 

168. 

, ,  repeal  of,  364. 

,    . . . . ,    .....    .....   proposed, 

364. 

,   . . . . ,  . . . . ,  . . . . ,  resentment 

at,  421. 

,  . . . . ,  for  encouraging  the  im- 
portation of  white  people  (1703), 
confirmed,  168. 

,   to  encourage  white  men 

to  settle  (1712),  decision  upon, 
postponed,  364. 

,  . . . . ,  . . . . ,  objection  to,  168, 

488. 

,  . . . . ,  . . . . ,  new  act  proposed, 

488,  681. 

,   . . . . ,  concerning  inhumanity 

to  slaves,  144. 

,   . . . . ,  concerning  Jews,  622. 

,  . . . . ,  for  the  more  easy  serving 

of  constables,    confirmation    of 
363,  488. 

,  . . . . ,  . . . . ,  proposed,  168. 


GENERAL  INDEX. 


481 


Jamaica,  Act,  for  the  more  easy  serving 
of  constables — cont. 

,   . . . . ,  . . . . ,  referred,  96. 

,  . . . . ,  report  upon,  108, 

168. 

,  . . . . ,  granting  further  relief  in 

proving  wills  etc.,  referred,  96. 

,    repeal    of,    364, 

488. 

,    . . . . ,    . . . . ,   proposed, 

168. 

,  . . . . ,  . . . . ,  report  upon,  108. 

imposing  duties  on  several 

commodities  etc.  (negroes  ex- 
ported), (1716),  defence  of,  196, 
356. 

,    . . . . ,    instruction  pro- 
hibiting, 272,  302,  313. 

,  . . . . , objection  to,  178  i, 

n,  196,  206,  206  I,  356. 

,  . . . . ,  . . . . ,    petition    against, 

by  South  Sea  Co.,  178  i,  n. 

,   . . . . ,   . . . . ,  enquiry  concern- 
ing, 182. 

, referred,  178. 

, , repealed,  302. 

,  .  .  .  . ,  report  upon,  272. 

,    Act    renewing 

(1717),  206  I,  270  i,  n,  272,  296. 

, , repealed,  301. 

,    laying    an    additional 

duty,  89,  356. 

,      . . . . ,    for     maintaining     of 

Ministers,  144,  159. 

,  for   the   more   effectual 

punishment  of  crimes  com- 
mitted by  slaves,  referred,  300. 

,  report  upon,  437. 

,    . . . . ,  to  oblige  inhabitants  to 

provide  themselves  with  a  suffi- 
cient number  of  white  servants, 
etc.,  78. 

, ,  referred,  96. 

,  . . . . ,  . . . . ,  report  upon,  108. 

, , repeal  of,  364,  488. 

,    ,    ,    ,   proposed, 

168. 

,  . . . . ,  for  payment  to  Governor 

Hoy  wood,  64. 

,     ,    giving    preference    to 

Jamaica  trade  and  shipping, 
272. 

,   for    preserving    public 

records,  168. 

,    ,    ,   confirmed,    363, 

488. 

,  to  prevent  any  one  man 

holding  two  offices  (1716),  re- 
peal of,  364,  488. 

,  . . . . ,  . . .  . ,  proposed,  168. 

, to  prevent  all  fraudulent 

trade  to  Jiispaniola,  750  iv. 

, report  upon,  108, 

189. 

,  . . . . ,  . . . . ,  new,  proposed,  189. 

Wt.  441. 


Jamaica,  Act, — cont. 

,   . . . . ,  to  prevent  hawking  etc., 

repeal  of,  364,  488. 

,  . . . . ,  .  . . . ,  proposed,  168. 

,    regulating  fowling   and 

fishing,  confirmation  of,  363, 
488. 

,    ,    proposed, 

168. 

,   .  .  .  . ,  for  relief  of  widows  and 

orphans  in  relation  to  deficiencys, 
referred,  300. 

,  . . . . ,  .  . .  . ,  report  upon,  437. 

,     . . .  . ,    to    remedy    excessive 

grants  of  land,  proposed,  144  i. 

,     .  .  . . ,   for    repairing    wall    of 

Port  Royal,  enquiry  concerning, 
303. 

,     .  .  .  . ,    to    secure   freedom    of 

elections  etc.,  amendments  to, 
rejected  by  Assembly,  168. 

, , ,  referred,  96. 

, ,  repeal  of,  364,  488. 

,    . . .  . ,    . .  .  . ,    . . .  . ,   proposed, 

168. 

, ,  report  upon,  108. 

,  . . . . ,  for  better  securing  estates 

of  orphans  and  creditors,  con- 
firmation of,  363,  488. 

,    . .  . . ,    .  . . . ,    .  .  . . ,   proposed, 

168. 

,    . . . . ,    . . . . ,   repealing  above 

act,  referred,  96. 

,    ,    repeal   of,    364, 

488. 

,    ....,    ....,    ....,   proposed, 

168. 

,  for  settling  a  revenue,  750  v. 

,  .  . .  . , expiration  of,  356. 

,     . . . . ,     taxing     real     estates 

proposed,  681. 

,  . . . . ,  for  workhouses,  144. 

Acts,  141. 

,  . . .  . ,  affecting  the  prerogative 

of  the  Crown,  instructions  con- 
cerning, 313. 

,     . . . . ,    affecting    trade    and 

shipping  of  Great  Britain,  not 
to  be  passed  without  suspensory 
clause,  142,  144,  313. 

confirmed,    363,    364, 

421,  488. 

,     . . . . ,     decisions     upon,     re- 
quested, 181,  189. 

,     . . . . ,    fees    for,    at    Council 

Office,  421,  488. 

,      .  . . . ,      .  . .  . ,     payment     of, 

question  concerning,  421. 

,  .  . . . ,  laying  duties  on  liquors, 

instruction  concerning,  144  i. 

, money,  instruction  con- 
cerning, 313. 

,  . . . .,  objections  to,  681. 

,  amendment  of,  proposed, 

681. 

a.p.  31. 


482 


GENERAL  INDEX. 


Jamaica,  Acts — cont. 

perpetual,  instructions 

concerning,  488. 

9  . . . . ,  re-enactment  of,  instruc- 
tion concerning,  144  i. 

,  . . . .,  repealed,  364,  421,  488. 

,  . . . . ,  repealing  acts  confirmed, 

not  to  bo  passed  without  leave 
or  suspensory  clause,  144. 

. . . . ,     revenue,     instruction 
concerning,  144  i. 

. . . . ,  temporary,  instruction 
concerning,  144  i,  681. 

,    . . . . ,    unconfirmed,    remarks 

upon,  311  i. 

,  . . . . ,  of  Trade  and  Navigation, 

instructions  concerning,  144  n, 
291. 

,  Agent,  need  for,  488. 

,  . . . . ,  Act  appointing,  intro- 
duced, 682. 

,  . . . . ,  ,  instruction  con- 
cerning, 144  i. 

,    aid    for    Bahamas    solicited, 

737. 

,     appeals     from,     232, 

320  i  ;   and  see  Cockburn,  W. 

,  . . .  . ,  . . . . ,  instruction  con- 
cerning, 144. 

,  Asiento,  The,  advantages  of, 

196,  206. 

,  . . . . ,  objection  to,  356. 

,  prices  of  negroes  raised 

by,  196 ;  and  see  South  Sea 
Co. 

,  Assembly,  713  ;    and  see  Act 

to  secure  freedom  of  elections  ; 
and  to  disenable  members  etc. 

,    . . . . ,  Act,  encouraging  white 

settlors,  new,  proposed  to,  681. 

,  . . .  . ,  . . . . , proceedings 

on,  168. 

,  ....,....,  to  remedy  excessive 

grants  of  lands,  recommended 
to,  144,  144  i. 

, ,  address  by,  681,  681  m, 

IV. 

,  adjournment  of,  reason 

for,  681. 

,  . . . . ,  bill  for  appointing 

Agents,  682. 

,  . . . . ,  claim  to  adjourn  selves, 

instruction  concerning,  144  i. 

,  . . . . ,  Commissioners  nomin- 
ated by,  to  receive  public 
money,  89. 

,  . . . . ,  . . . . ,  instruction  con- 
corning,  144  i. 

,  . . . . ,  debt  due  to  Lord  A. 

Hamilton,  recommendation  of, 
64,  144  i. 

»     ,     ,     ,    ignored, 

64. 
, debts,  public,  payment 

of,  recommended  to,  144  i. 


Jamaica,  Assembly — cont. 

.......  . . . . ,  elections,  Act  regulating, 

168. 
,  . . . . ,  . . . . ,  . . . . ,  amendments 

by  Council  rejected,  168. 
,   . . . . ,   . . . . ,  creation  of  sham 

freeholders  for,  168. 
,    . . . . ,   Governor's   speech   to, 

resolutions  on,  681,  681  n. 
, infringement  of  preroga- 
tive by,  89. 

, ,  Journal  of,  10,  141. 

, ,  meeting  of,  10,  566. 

,   . . . . ,  members  of,  owners  of 

privateers,  131  ni-v. 
,   . . . . ,  members,  qualification, 

Act  declaring,  objection  to,  168. 
,  . . . . ,  money  bills,  instruction 

concerning,  144  i. 
,  . . . . ,  new,  Councillors'  reasons 

for  not  calling,  181  i. 
,   . . . . ,  object  to  limitation  of 

right  of  taxation,  356. 
,    .  . . . ,  opposition  in,  to  Lord 

A.  Hamilton,  109  i. 
,  . . . . ,  privilege  of,  instruction 

concerning,  144  i. 

,  . . . .,  prorogued,  141. 

,   . . . . ,  Receiver  appointed  by, 

89. 
,  . . . . ,  refusal  of,  to  read  letter 

from  the  Council  of  Trade,  168. 
,      . . . . ,      reimbursement       of 

Receiver   General   etc.,   recom- 
mended to,  89,  367. 
,    . . . . ,    H.M.    regiment,    sub- 
sistence for,   recommended   to, 

144  i. 
,  . . . . ,  . . . . ,  provision  for,  not 

intended,  78. 
,  revenue,  settlement  of, 

recommended  to,  144  i. 
,     sit     by     virtue     of 

Governor's  Commission,   144  i, 

168. 
,      . . . . ,      Speaker      of.       See 

Beckford,      Peter ;       Nedham, 

William. 
,    subscription  promoted 

by,     for    soliciting     affairs     of 

island,  copy  of,  119. 
, ,  . . . . ,  purpose  of, 

109  I. 
, taxation  of  negroes.   See 

Act  imposing  duties. 
, ,  real  estates  recom- 
mended to,  681. 
Attorney    General    of.       See 

Broderick,  William. 
,  Axtell,  Daniel,  prosecution  of, 

petition  for,  591  n. 
,    . . . . ,    . . . . ,    order  for, 

proposed,  606. 
,     . . . . ,     . . . . ,     . . . . ,    ordered, 

643, 


GENERAL  INDEX. 


483 


Jamaica — cent. 

,  Bendish,  — ,  prosecution  of, 

petition  for,  591  n. 

,    . . . . ,    ,  order  for, 

proposed,  606. 

,     . . . . ,    . . . . ,     . . . . ,    ordered, 

643. 

,    bills,    protested,    claim    con- 
cerning, 679. 

,  Buor,  — ,  dismissal  of,  644. 

,     . . . . ,     . . . . ,    protection    of, 

order  for,  644. 

Carlisle  Bay,  131  iv. 

,  Chief  Justice  of.   See  Bernard, 

Thomas;    Nedham,  W. 

,  coins  and  currency  in,  181. 

,   Commissary,   return   ordered 

from,  566. 

,  . . . . ,  powers  of,  159. 

condition  of,  quiet,  141. 

,   congratulations   to    King   on 

failure  of  invasion  scheme,  35. 

,    convicts    sent    to,    unsatis- 
factory, 681. 

,  . . . . ,  turn  pirates,  681. 

,   convoy   for   merchant   ships, 

10,  78,  141,  271, 

,  need  of,  54. 

,   Cook,   Major,   plantation   of, 

raided  by  Spaniards,  65  in. 

Council,  566,  681. 

,     . . . . ,    amendments    by,    re- 
jected by  Assembly,  168. 

,    . . . . ,    . . . . ,   instruction  con- 
cerning, 144  i. 

,     arrest     of     Lord     A. 

Hamilton  by,  not  justified, 
169. 

,  Clerk  of.  See  Daniel,  Ja. 

, ,  Minutes  of,  131  v,  141, 

169,  225,  252  i,  549,  606,  681. 

,    . . . . ,    money    advanced    by, 

for  subsistence  of  forces,  pay- 
ment of,  recommended,  681. 

,   . . . . ,   . . . . ,  refused  by 

Assembly,  681. 

,    . . . . ,   need   of   H.M.    troops 

admitted  by,  78. 

,  order  by,  591  u,  606. 

,   reasons  for  not  calling 

an  Assembly,  181,  181  i. 

,  . . . . ,  share  in  appointment  of 

Agent,  instruction  concerning, 
144i. 

,  Council  and  Assembly,  Address 

by,  681,  681  m. 

,    . . . . ,    Committee   of,    report 

by,  303. 

,    Councillors,    749,    756,    765, 

766,  768,  774  ;  and  see  Act  to 
disenable  etc. ;  and  Lord  A. 
Hamilton. 

appointed,  144. 

,  . . . . ,  character  of,  109  i. 

,  . . . . ,  complaint  against,  109  i. 


Jamaica,  Councillors — cont. 

,  . . . . ,  dismissed,  144. 

,  . . .  . ,  . . . . ,  re -appointment  of, 

proposed,  140. 
,    . . . . ,    persons   proposed    for, 

53,  116,  140. 

,  . . . . ,  . . . . ,  character  of,  110. 

, ,  privilege  of,  instruction 

concerning,  144  i. 

,  . . . . ,  suspension  of,  109  i. 

,    ,   instruction  con- 
cerning, 144. 
,   Court  of  Admiralty,    750   i  ; 

and  see  Nuestra  Senora  de  Belem. 
, Judge  of.    See  Warner, 

John. 
, ship  condemned  in,  118, 

131  v. 
,   ....   Chancery,  appeal  from, 

case  concerning,  320  i. 

Exchequer,  144. 

, Supreme,  681. 

,  . . . . , Judges  of,  322. 

,  . . .  . ,  . .  . . ,  .  . . . ,  oaths  admin- 
istered to,  322,  324. 

,  Courts,  Act  concerning,  144. 

,     Customs,     Collector.         See 

Dawes,  George. 
,     Controller    of.        See 

Beckford. 
Dauphin,  sloop,  case  of,  591, 

591  i,  n. 
, report  upon, 

606. 
,  . . . . ,  . . . . ,  . . . . ,  order  upon, 

643. 
....,.,    debts,    public,    payment    of, 

instruction  concerning,  144  i. 
,  . . .  . , ,  request  for, 

78. 
,  Dissenters  in,  391,  681  ;    and 

see    Act  for    discovery    of   dis- 
affected persons ,  681. 

,  escheats  in.    See  Kupius,  A. 

,  exports  of,  value  of,  356. 

..'....,    fortifications    of,    repair    of, 

needed,  303,  681. 
,    . . . . ,    Act  concerning, 

303. 

,  . . . . ,  . . . . ,  report  upon,  303. 

,    . . . . ,    . . . . ,    . . . . ,    required, 

303. 
,   . . . . ,  Engineer  for  surveying, 

awaited,  566. 

,  French,  vessels  seized  by,  54. 

,  goods  seized,  Crown's  share  of, 

method  of  securing,  alteration 

in,  enquiry  concerning,  795. 
,  Governor  of.    See  Lawes,  Sir 

Nicholas  ;    Hamilton,  Lord  A.  ; 

Hey  wood,  Peter  ;  Pitt,  Thomas. 
,   Act  imposing  penalties 

on,  168. 

, ,    . . . . ,  control  of  H.M.  ships 

proposed  for,  54,  144,  566, 


GENERAL  INDEX. 


Jamaica,  Governor  of—  con*. 

.  ,  Instructions  of,  copy  of, 
"for      Governor      of      Bahama 

Islands,  220  ii. 

.....  concerning  duties 
'  'on  negroes,  302  ;   and  see  Plan- 

tations,  Governors  of. 
.  ,  Governor  and  Council,  charges 

bv,  against  Lord  A.  Hamilton 

225 

,,  letter  from,  681  ix. 
Governor,  Council  and  Assem- 

blv  of,  Address  by,  35. 
......  ,  guardships  for,  35. 

....,    control    by    Governor 

proposed,  54,  144,  566. 
.  .  .  .,  increase  of,  request  for, 

54,  65  11,  681  m. 
.....  manning  of,  by  soldiers 

requested,  78. 
................  ,  refused,  78. 

'  '  .  '.  |  ____  ,  pirates  not  chocked  by, 

566. 
......  ,  imports  from  Hispaniola,  181. 

......  ,  indigo,  750  i. 

......  ,  ____  ,  imports  of,  181. 

......  ,    ....,   tax   on   imported,    750 

in. 
......  ,  inhabitants  of,  births,  christen- 

ings    and    burials,    return    of, 

directed,  566. 
......  f   .  .  .  .  ,  numbers  of,  return  of, 

ordered,  566. 
......  ,  .  .  .  .  ,  .  .  .  .  ,  decrease  of,  181  ; 

and  see  Acts  to  encourage  etc. 
......  ,     Jews,     Act     encouraging     to 

settle,  622. 
......  ,    .  .  .  .  ,  encouragement   of  ,   in- 

struction  for,  622. 
......  ,   .  .  .  .  ,  naturalisation  of,  622. 

......  ,  Kingston,  10,  681  iv. 

...........  ,    Naval    Storehouse    at, 

contract   concerning,    280,    280 

n. 
......  ,   .  .  .  .  ,   .  .  .  .  ,  enquiry  concern- 

ing,  282. 
......  ,  .  .  .  .  ,  taxation  of,  preferential, 

272. 
......  ,  Kingston  (Kensington)  sloop, 

case  of,  117,  118. 
......  ,    .  .  .  .  ,    .  .  .  .  ,    commission   for 

re-trial  of,  323  ;  and  see  Nuestra 

Senora  de  Belem. 
......  ,  L'aimable  Marie,  case  of,  591, 

591  i,  ii. 
......  ,  .........  ,  representation  on, 

606. 
...........  ,  .  .  .  .  ,  .  .  .  .  ,  order  upon, 

643. 
.......  lands  in,  grants  of  ,  97,  97  i 

98,  362  ;    and  see  Kupius. 
......  »    .....    grants   excessive,    evil 

of,  144,  144  i. 
......  »    .....  instruction  concerning, 

144,  144  i. 


Jamaica—  cont. 

......  ,  Lt.  Governor    dormant  com- 

mission  for,  180. 
.................  proposed,  53 

......  ,....,  ......  petition  for,  163  I. 

.  .  .  :  .......  ,....,....,  referred,  163. 

......     ...  ,....,....,  report  upon, 

17o. 

,    .........  ,  memorandum  of 

former,  163  n. 
......  ,  logwood  cutting,  104  i. 

...........  ,  reasons  for  encouraging 

(1671),  104  i. 
.......  ,  map  and  survey  of,  proposed, 

144. 
......  ^merchants  and  planters,  peti- 

tion  of,  .65  i,  n. 
......  ,   ----  ,   ----  ,  referred,  65. 

.  .  ----  ,    Militia,   effect   upon,    of   Act 

for  discovery  of  disaffected  per- 

sons,  391. 
......  ,  ----  ,  musters  of,  566. 

......  ,     .  .  .  .  ,    officers,     "  reformed," 

resignation  of,  421,  681. 
.......  Ministers,  Act  concerning,  144. 

......  ,  ----  ,  lack  of,  566. 

......  ,   Nassau,   seizure   of,   case  of, 

750,  750  i-v. 
......  ,    Naval    Officer.       See    Betts, 

Thomas  ;    Norris,  William. 
.......    Naval    Officer's    accounts    of 

clearances  etc.,  required,  566. 
......  ,  Naval  Squadron  at,  10,  271. 

......  ,    .  .  .  .  ,    complaint    concerning, 

566,  681  m. 
......  ,....,....,....,  orders  upon, 

688. 
......  ,    .  .  .  .  ,    Governor   ignored   by, 

566. 
......  ,  .  .  .  .  ,  pirates  not  checked  by, 

566. 
......  ,    .  .  .  .  ,  storehouse  of,  contract 

concerning,    280,    280    n,    303, 

304. 
......  ,    .  .  .  .  ,    .  .  .  .  ,    .  .  .  .  ,   complaint 

and    enquiry    concerning,    280, 

282. 
......  ,  .  .  .  .  ,  .  .  .  .  ,  repair  of,  instruc- 

tions  concerning,  303,  304. 
......  ,    ----  ,   trading  by,   complaint 

concerning,  566. 
.......  negroes,  carried  off  by  Spani- 

ards,  65  in. 
......  ,    .  .  .  .  ,    duty    on   re-exported. 

See  Act  imposing  duty  on. 
......  ,     .  .  .  .  ,     .  .  .  .  ,    on    those    not 

re-exported,  permitted,  313. 
............    exported    to    Spanish 

West  Indies,  account  of,  206  n. 

,   .....  imports  of,  account  of, 

required,  566. 
...........  ,  need  of,  196. 

......  ,  .....  price  of,  196. 

......  ,  ____  ,  ____  ,  raised  by  Asiento 

trade,  196, 


GENERAL  INDEX. 


485 


Jamaica,  negroes — con*. 

,     . . .  . ,    punishment    of,     Act 

concerning,  300,  437. 

, sold  to,  from  St.  Kitts, 

510. 

,    .  .  .  . ,   amount  of  sugar  pro- 
duced by,  196. 
,   Nuestra  Senora  de  Bethleem, 

case    of,    4,    4    I,    n ;     and   see 

Nuestra  Senora. 
,    Parish    registers,    imperfect, 

566. 

,  Patent  offices  in,  89,  272. 

,  Patent  officers,  suspension  of, 

instruction  concerning,  144. 
,    piracies    committed    against 

Spaniards,  complaint  of,  131  iv. 

, reply  to,  131  v. 

pirates,  141,  298  n,  in,  681  ; 

and  see  L'aimable  Marie,  case 

of  ;    Kingston,  case  of. 

,  . . .  . ,  convoys  required,  78. 

depredations  of,  54,  271, 

522,  566. 
,    . . . . ,    . . . . ,  protection  from, 

request  for,  35,  54,  78. 
,     . . . . ,     unchecked    by 

Naval  Squadron,  566. 
,    ....,    increase    of,    10,    271, 

426,  427,  681  in. 

,  . . . . ,  . . . . ,  due  to  unemploy- 
ment, 566. 
,  . . . . ,  instructions  concerning, 

421. 
,....,  measures  for  suppressing, 

64,  131  i-iv. 
,   . . . . ,  pardon  of,  Commission 

for  granting,  638-642. 
,     . . . . ,      . . .  . ,      Proclamation 

extending    date    of,    640,    642, 

713. 
,  . . . . ,  privateers  commissioned 

to  suppress,  131  i-iv. 

, ,  raid  by,  271. 

,  . . . .,  ships  captured  by,  271, 

551  n,  797  n. 
,    . . . . ,  shortage  of  provisions 

caused  by,   10. 
,  . . . . ,  surrender  of,  357,  357  I, 

447. 
,    . . . . ,   trial    of,   Commissions 

for,    403,    483,    713;     and    see 

Plantations,  Governors  of. 

Port  Royal,  10,  118,  131  iv,  v. 

,    . . . . ,   fortification  of,   repair 

of,  needed,  681. 
,    . . . . ,    . . . . ,   Act  concerning, 

303. 

,  . . . . ,  trade  of,  decayed,  566. 

,  Post  Office,  proposal  for,  116. 

prerogative    of    the    Crown, 

infringements  of,  108,  144,  168, 

272. 
,    . . .  . ,   instruction   concerning 

acts  affecting,  272,  313. 


Jamaica — cont. 

,  printing  press  in,  681  iv. 

,    ,   licensed,   proposal   for, 

116. 
,    privateers,   commissions   and 

instructions    for,    by    Lord    A. 

Hamilton,  131,  131  i-v,  591  n. 

,  .  . .  . ,  bond  for,  131  in. 

,    piratical    seizures    by, 

131  iv,  v,  591  i,  ii. 
,  prosecution  of,  petition 

for,  591  n. 

,  .  . .  . ,  .  . . . ,  order  for,  643. 

,    .  .  .  . ,    .  .  .  . ,    .  .  .  . ,    proposed, 

606. 
prosecution  of  sureties 

ordered,  643. 
,     .  . . . ,    list    of,    supplied    by 

Dr.  Page,  131  iv. 
,  .  . .  .,  . . . .,  comments  on,  131, 

131  v. 

,  produce,  potential,  of,  196. 

,  Receiver  appointed  by  Assem- 
bly, 89. 
,   Receiver  General,    168,   272; 

and  see  Knight,  James. 

,  .  .  .  . ,  Commission  of,  403. 

,  .  .  .  . ,  instructions  concerning, 

144  i. 
,      Records.          See     Act     for 

preserving. 
"Reformado"   Officers,   391, 

421,  681. 
,  H.M.  Independent  Companies 

at,   Governor's   Commission   as 

Capt.,  38. 
,   . . . . ,  instructions  concerning, 

144  i. 

,  . .  .  . ,  need  for,  admitted,  78. 

,  . . . . ,  subsistence  for,  decision 

requested,  78. 

, ,  promised,  35. 

,  . . . . ,  provision  for,  78, 

168. 
,    . . . . ,    . . . . ,    . . . . ,  not  to  be 

continued,  78. 
,  . . . . ,  . . . . ,  to  be  recommended 

to  Assembly,  144  i,  356. 
,     . . . . ,     payment     of    money 

advanced     for,     by     Lord     A. 

Hamilton,  ordered,  64. 
,  . . . . ,  . . . . ,  refused  by  Assem- 
bly, 681. 
, paid  with  interest 

to  Governor  Heywood,  64. 

,  Surgeon  of,  240. 

,  .  . .  . ,  withdrawal  of,  promised, 

144  i. 
,    Revenue,    accounts    of,    566, 

566  i,  11. 
,    . . .  . ,   amount  of,   356  ;    and 

see  Act  settling  ;  and  Act  laying 

additional  duty. 
,  debts  ordered  to  bo  paid 

from,  64 


486 


GENE&AL  INDEX. 


Jamaica,  Revenue — cont. 

,     . . . . ,     decision     concerning, 

requested,  78. 
,    . . . . ,  instruction  concerning, 

144  i. 
, ,  measures  for  providing, 

urged,  181. 

t    . . . . ,   settlement   of,    recom- 
mended, 144  i. 

t  .  . .  . ,  .  . .  . ,  promised,  35. 

,    Roman    Catholics    in,     681; 

and    see    Act  for    discovery    of 

disaffected  persons. 
St.  Jago  de  la  Vega,  taxation 

of,  preferential,  272. 

,  seal,  new,  for,  127,  135. 

,  . . . . ,  receipt  for,  151. 

,  . . . . ,  . . . . ,  warrant  for  using, 

127,  135,  142. 
,  . . . . ,  old,  broken  and  returned, 

682. 
,  Secretary  of.     See  Congreve, 

William. 

,  . . . . ,  Commission  of,  403. 

,  . . . . ,  Deputy.    See  Pago,  S.  ; 

Wagstaffe       A.  ;         Cockburn, 

William. 

shipping,  196. 

, ,  freights,  196. 

,    ships    captured    by    pirates, 

551  n. 
,    ships    seized    by    Spaniards, 

54,  131  iv,  v. 
,    complaint   concerning, 

65  I,  n,  350. 

,  . . . . ,  . . .  . ,  referred,  65. 

, ,  list  of,  65  in. 

,     reparation     for,     de- 
manded, 681,  681  ix. 
,  Spaniards,  raids  by,  65  i,  in  ; 

and  see  ships  seized  by. 
,    Spanish   wrecks   off   Florida, 

fishing  on,  ship  seized  for,  737 

iv,  v. 
,    Stores    of    war,    account    of, 

681,  681  vn,  vm. 

,  . . . .,  request  for,  681,  681  vi. 

,   sugar,    imported    from    His- 

paniola,  181. 

, price  and  charges  on,  196. 

,  Surveyor  General  of  Customs, 

403. 
,   trade   fleet,   convoy   for,    10, 

54,  78,  141,  271. 

, sailing,  of,  566. 

,  trade  and  shipping,  Act  giving 

preference  to  Jamaican,  272. 

,  trade  with,  N.  America,  196. 

,  Spanish  coast,  681  in. 

, ,  decay  of,  566. 

,  . . . . , by  naval  officers, 

complaint  concerning,  566,  681 

in. 

»  . .  • . ,  . .  . . , orders  pro- 
hibiting, 688. 


Jamaica,  trade  with — cont. 

,  .  . .  . ,  illegal,  seizure  for.    See 

Nassau,  case  of. 
,      .  . .  . ,      .  .  .  . ,     seizures     for, 

accounts  of,  681,  681  v. 
,     . . . . ,     . . .  . ,     . . .  . ,    paid    to 

Collector,  681. 
f    .  . . . ,    . . . . ,    grant    of 

H.M.     share     for     support     of 

Government  proposed,  681. 
t    . . .  . ,    .  . .  . ,  with  Hispaniola, 

181,    750    i  ;     and   see   Act    to 

prevent  etc. 

,  trade  of,  value  of,  356. 

,    Valle,    Don   Juan   del,    com- 
plaint by,  131  iv. 
,    ,   reply   to, 

131  v  ;  and  see  Jam.,  privateers. 
,  Warner,  John,  prosecution  of, 

petition  for,  591  n. 
,    . . . . ,    . . . . ,    . . . . ,  order  for, 

proposed,  606. 

, , , ,  ordered,  643. 

,  Workhouses,  144. 

Jamaica  Coffee  House,  110. 
James  I,  grant  by,  (Mass.),  744. 

, ,  (Newfd.),  798. 

II,  grant  by,  177  I. 

James,  Edward,  petition  of,  65  i. 

,   .  . . . ,  referred,  65. 

Jamison,    David,    Attorney    General, 

N.Y.,  writ  issued  by,  49  i. 

,  . . . . ,  proceedings  by,  49. 

,     . . . . ,    Chief    Justice,    N. J., 

373  iv. 
Jay,  Augustus,  document  signed  by, 

516  i. 
Jefferson,     Robert,     examination    of, 

359  xi. 
Jekyll,    John,    document    signed    by, 

700  vn. 
Jemmot,  Francis.    See  Barbados,  Act 

for  docking  an  entail. 
Jenkins,  Sir  Lionel,  104  i. 
Jennings,    E.,    Col.,    Councillor,    Va., 

800. 
,    Henry,    pirate,    French    ship 

seized  by,  591  n. 
,    . . . . ,    . . . . ,    prosecution    of, 

petition  for,  591  n. 
,    . . . . ,    . . . . ,    . . . . ,   order  for, 

643. 

,  . . . . ,  . . . . ,  . . . . ,    . . . . ,    pro- 
posed, 606. 

,  . . . . ,  . . . . ,  surrender  of,  345. 

,  Sir  John,  a  Lord  Commissioner 

of    the    Admiralty,    document 

signed  by,  619. 
Jenny,    Robert,    Rev.,    Chaplain    of 

Forces,   N.Y.,    Commission   of, 

84. 

Jesuits,  intrigues  of,  with  Indians,  700. 
Jews.    See  Jamaica. 
John  and  Thomas,  ship  captured  by 

pirates,  797  i. 


GENERAL  INDEX. 


487 


Johnson,   John,   grant  of,   continued, 

674. 
,  Sir  Nathaniel,- former  Governor 

of  the  Leeward  Islands,  298. 

,  . . . . ,  instructions  to,  8  I. 

,  . . . . ,  letter  from,  8  I. 

,  Robert,  Governor  of  S.  Caro- 
lina, document  signed  by,  730, 

787. 
,      expedition     against 

pirates  led  by,  787. 

,  . . . .,  instructions  to,  687. 

, letter  from,  504  i,  556. 

, referred,  677,  678. 

, ,  letter  to,  687,  814. 

(Johnston),  Sir  Thomas,  pro- 
posal    by,     to     purchase     the 

French  part  of  St.  Kitts,   24, 

156. 
Johnston,     John,     Councillor,     N.Y., 

document  signed  by,  738  I. 
,    . . . . ,   Mayor  of  New   York, 

certificate  by,  373  I. 
,    . . . . ,    jr.,    Councillor,    N. J., 

appointed,  520. 
,    . . . . ,    . . . . ,    . . . . ,   proposed 

for,  601,  739. 

Jones,  Capt.,  R.N.,  report  by,  798. 
,  Joshua,  document  signed  by, 

411,  412. 
,  Thomas  &  Co.     See  Virginia, 

Indian  Trading  Company. 
Jory,  Jos.,   Col.,  Agent  for  Leeward 

Islands,   document   signed   by, 

200. 
, ,  Agent  for  Nevis,  petition 

of,  481,  487. 
Joy,    Richard,    captured    by    pirates, 

298,  298  I. 

,  ...  .^deposition  of,  298  I. 

Joyce,   Henry,   document  signed   by, 

373  iv,  v. 
letter  from,  authenticity 

of,  344. 


Kay,  Nathaniel,  Collector,  R.I., 
accounts  sent  by,  575,  664. 

,  . . . . ,  letter  from,  759. 

Keeble,  Walter,  10  vn. 

Keefe,  Timothy,  deposition  of,  359  in. 

Keen,  William,  Nfd.,  recommended 
for  Commission  of  the  Peace, 
751. 

Keith,  W.,  Lt.  Governor  of  Penn- 
sylvania, Conference  with 
Indians,  101  I. 

,  . . . .,  instructions  by,  227  I. 


Keith,  W. — cont. 

,  . . . . ,  instructions  required  by, 

552. 
,   letter   from,    101,    227, 

552,  727,  732. 

, ,  letter  to,  450,  804. 

,  . . . . ,  present  to,  197. 

,  . . . . ,  proposals  by,  approved, 

450. 

,  .  . . . ,  resumption  of  Penn- 
sylvania to  Crown  and  union 

with  West  Jersey  proposed  by, 

101. 
,  . . . . ,  speech  of,  to  Assembly, 

101  n. 

, , *eply  to,  101  ii. 

,     . . . . ,    Surveyor    General    of 

Customs  in  America,  227. 
Kelsall,  H.,  Assistant  Secretary  to  the 

Treasury,  letter  from,  23. 
Kelsey,   Henry,  Capt.,   Governor  and 

Commander       in       Chief       of 

Hudson's  Bay,  Commission  of, 

793. 
Kenneboc,   R.,    177   i,    193  ;    and  see 

Nova  Scotia. 
Kensington  (Kingston)  sloop,  case  of, 

117,  118,  131  iv,  v.,  323,  681  ix  ; 

and  see  Ntiestra  Senora  de  Belem. 
Kentish,  — ,  pirate,  298  n. 
Ker,  James,  807. 
,    John,   Duke    of   Roxburghe, 

document  signed  by,  671. 
Keys.    See  Kay,  N. 
Kidd,  Capt.,  goods  landed  at  Crab  I. 

by,  624  i. 
King,  Capt.,  358,  737. 

,  John  (Antigua),  368  I. 

,    . . . . ,    document   signed    bv, 

411,  412. 

Kingston,  ship.    See  Kensington. 
Kirk,  Sir  David,  grant  of,  798. 
Knight,  — ,  merchant,  Jam.,  131  v. 
,    James,      Receiver      General, 

Jamaica,  document  signed  by, 

566  n. 

,  . . . . ,  re-imbursement  of,  re- 
commended to  Assembly,  89, 

367. 
,  John,  Secretary  and  Clerk  of 

the    Crown,    L.I.,    commission 

of,  805. 
,   Thomas,    deposition    of,    298 

II*. 

Kocherthal,  Joseph,  document  signed 
by,  650  i. 

Kupius,  Anna  Williamiiia,  escheated 
estate  of,  grant  of,  97  i,  98, 
123,  124,  362. 

,  . . . . ,  restitution  of,  to 

first  grantees,  petition  for,  97  i. 

,  . . . . ,  . . . . ,  . . . . ,  . . . . ,  re- 
ferred, 97. 

, , , ,  report 

upon,  152. 


4B8  GENERAL  INDEX. 

Lawes,  Sir  Nicholas — cont. 

,   . . . . ,  address,  welcoming,  by 

Assembly,  681,  681  in,  iv. 

9  . . . . ,  . . . . ,  reply  to,  681  iv. 

,      . . . . ,     aid     for     Bahamas 

solicited,  737. 

^  ,....,  arrival  of,  522. 

,    Commission    of,    pub- 

Laguna  de  Terminos,  logwood  cutters  ^  ^  fished,  622.     ^    ^^    ^ 

a  seized  by  Spaniards,  104  I.  independent  Company,  38. 

I!:::;;    protest    against,    by    Spain,  ...  for grantmg pardon 

reply  to,  104  I.  to  Plates,  638-642,  732. 

La  Hoiitan,  travels  of,  238.  ',Xo  ' ' '  ' '  W '         t%?g  F^' 

Uaimable  Marie,  case  of,  591,  591  I,  n.  403  ;       and     see     Plantations, 

,  representation  on,  606,  Governors  oi. 

g43  , Vice -Admiralty,  instruc- 

order  upon,  643.  tion  concerning,  144,  144  I. 

Lake,  Sir  Bibye,  claim  of,  report  upon,  , ,  Councillors  proposed  by, 

261  53. 

Lake  Erie,  657.  »   •  •  •  •»  departure  of,  327,  356. 

Lakes,    The    Great,    settlements    and  , delayed,  421. 

ports     on,     proposed     by     Lt ,    ,    document    signed    by, 

Governor  Spotswood,  657.                               151,  566  n. 
Lambert,  John,  certificate  by,  43  n , ,  Instructions  of,  18  I,  64, 

61  „  144,  144  i,  189,  264,  291,  295, 

,  Sir  John,  318.  367,  415,  566. 

,    Michael,    plantation    of,    St ,     alterations    in, 

Kitts,  260.                                                         665. 
, , ,  order  concerning,  ,    ,    ,    concerning   acts 

817.  affecting     British     trade     and 
, ,  petition  concern-  shipping,  142,  272,  313. 

ing,  30,  30  i.  ,    ,    ,    affecting 

Lane,    Henry,    document    signed    by,  Royal  Prerogative,  313. 

516  i.  ,....,....,....,    re-enact- 

Langelier,  John,  document  signed  by,  ment  of,  144  i. 

413.  ,....,....,....,    revenue, 

Langford,  Jonas,  document  signed  by,  144  i. 

413.  ,....,....,....«  temporary, 

Langley,  — ,  case  of,  626  i.  144  i. 

Langton,  Dominic,  Rev.,  case  of,  88.  ,  . .  . . ,  .  . . . ,  . .  . . ,     Trade  and 

,  . . . .,  . . . .,  report  upon,  159.  Navigation,  144  u. 

La  Ronde  Denys,  mission  of,  to  Nova  ,  . . . . ,  . . . . ,  concerning  Agent, 

Scotia,  565.  144  i. 
,    agreement    made    with,    by  ,  . . . . ,  . . .  . ,  concerning  amend  - 

French,  565,  565  iv.  moiit  of  money  bills,  144  i. 

La  Salle,  travels  of,  238.  ,    . . . .,    . . . . ,    concerning    ad- 

Lascelles,  Henry,  Collector,  Barbados,  journment  of  Assembly,  144  i. 

742  xv.  t  . . . . ,  . . .  . ,  concerning  appeals, 

Latonde    (Lassonde,   Lo   Sone)    351  I,  144,  320  i. 

665  iv,  635  i.  ,....,....,  concerning  charges 

Laurent,     Jean,      Governor     of     St.  against,  omitted,  144. 

Thomas,  letter  from,  593  i,  n  (6),  , , ,  concerning  debts, 

iv  (6).  payment  of,  144  i. 
, letter  to,  593  iv  (a) ;  and  ,  . . . . ,  . . . . ,  concerning  duties 

see  Virgin  Islands,  St.  Thomas.  on    negroes,    206    i,    272,    296, 

Lavington,  William,  document  signed  313. 

by,  411,412.  , f  concerning  ecclesi- 

Lavicountt,  John,  deposition  of,  729  asticai  preferments,  144. 

(°0  (&)•  ,    . . . . ,   . . . . ,  concerning  forti- 

Lawes,    Sir    Nicholas,    Governor    of  fications,  303. 

Jamaica.  t       t       t       concerning 

»    »  account  of  debts  due  L'aimable  Marie,  643. 

to  Lord  A.  Hamilton  required  ,    . . . . ,    . . . . ,    piracies   against 

from,  64.  Spaniards,  361. 


GENERAL  INDEX. 


489 


Lawes,    Sir    Nicholas,     Instructions — 

cont. 
, ,  concerning  pirates, 

421. 

,   . . . . ,   . . . . ,  concerning  privi- 
leges    of     Assemblymen      and 

Councillors,  144  i. 

,    ,   concerning   pro- 
tection and  encouragement  of 

Jews,  622. 
,    . . . . ,    concerning     the 

Two  Companies,  144  i. 
,  . . . . ,  . . . . ,  observations  upon, 

55,  356. 
,    .....    proposed,  206  i, 

606. 
,  . . . . ,  requested  by,  327, 

356,  421. 
letter  from,  54,  55,  78, 

116,    181,    196,   311,    356,   421, 

522,  566,  681,  682,  748,  713. 
, ,  referred,  685,  686, 

795 
, ,  letter  to,  181,  189,  282, 

303,    331,    415,    446,   488,    622, 

642,  643,  681,  681  iv. 
, observations  by,  on  acts, 

311  i. 

,  . . . . ,  petition  of,  163  i. 

,  . . . . ,  .  .  .  . ,  report  upon,  175. 

,  .  . . .,  proclamation  by,  713. 

,    . . . . ,  speech  by,  Assembly's 

resolutions  on,  681,  681  n. 
Leather,     Robert,     Capt.,     taken    by 

pirates,  797  v. 

Le  Bour,  Lew.  de,  pirate,  742. 
Lechmere,     Sir     Nicholas,     Attorney 

General,    letter,    reference,    to, 

636,  671,  731,  801. 
Ledeatt,  Jos.,  deposition  of,  729  (6). 

,  . . . . ,  document  signed  by,  192. 

Lee,  Thomas,  Councillor,  Montserrat, 

death  of,  797. 
,  .  .  . . ,  jr.,  proposed  for  Council, 

Montserrat,  797. 
LEEWARD    ISLANDS,    THE  ;     and    see 

Virgin         Islands :       Antigua ; 

Nevis  ;    Montserrat ;    St.  Kitts. 
,   Acts   affecting   British   trade 

and  shipping,  instruction  con- 
cerning, 90  i,  111,  142. 

, ,  collection  of,  171,  408. 

,  . . . . ,  instructions  concerning, 

531. 
,    . . . . ,    . . . . ,    ordered    to    be 

observed,  570. 
,  . . . . ,  observations  by  Council 

of  Trade  on,  570,  570  i,  736. 
,   by  Governor,  required, 

171,  487,  736. 
,  . . . . ,  opinions  on,  repudiated 

by      Attorney      and      Solicitor 

General,  237. 
,....,....,  complaint  of  Council 

of  Trade  concerning,  237. 


Leeward  Islands,  Acts — cont. 

,    printing  of,   proposed, 

408,  409. 

, ,  private,  570. 

,     . . . . ,     . . . . ,    clause    saving 

H.M.  right  required  in,  736. 
,    repealed,    payment   of 

fees  for,  408. 
,    . . . . ,   undue  severity   of,   to 

be    discouraged    by    Governor, 

171. 
,  Agents  of,  171,  408  ;    and  see 

Duport,  S.  ;    Jory,  J. 
,    . . . . ,    document    signed    by, 

200. 
,   aid   for   St.   Thomas   against 

Spanish  attack  solicited,  818  i. 
,  Assemblies  of,  Clerks  of,  order 

to,  736,  736  ii. 
,  . . . . ,  Journals  of,  required  to 

be  transmitted,  570. 
,      Attorney      General.         See 

Carter. 

,  British  ships  seized  by  Spani- 
ards, 692,  692  vi-vin. 

,  Crooke,  Col.,  case  of,  736. 

,  Councils,  Minutes  of,  required 

to  be  transmitted,  570. 
,    .  . .  . ,   vacancies  in,   required 

to  be  notified,  570. 
,  Councillors,  leave  of  absence 

for,  647,  654,  736. 
,    . . . . ,    . . . . ,    notification    of, 

required,  570. 
,    Customs,    Surveyor    General 

of,  277. 

drought  in,  298  v,  442. 

,  escheats  in,  692. 

,  expedition  against  Martinique, 

260. 

Guadeloupe,  260. 

,    4£    p.c.    duty,    address    con- 
cerning, 277. 
,    . . . . ,  diverted  to  Civil  List, 

200. 

,    . . . . ,   intended   for   fortifica- 
tions, 200. 

Government   of,    annual   ex- 
pence    of,    return    of,    ordered, 

408. 
Governor  of.     See  Stapleton 

Sir       W.  ;        Hamilton,       W. 

Codrington,  Christopher 

Parke,    Col.  ;     Douglas,    Col. 

Matthews,  W. 
Governors  of,  Instructions  of, 

8  i,  531. 

,  guardship,  40,  298,  494  I,  11. 

,   additional,  request  for, 

134,  298,  487,  797. 
,     . . . . ,     ,    referred, 

430,  431,  557. 
,  . . . . ,  . . . . ,  . . . . ,  report  upon, 

570. 


490 


GENERAL  INDEX. 


Leeward  Islands,  guardship,  additional 
— cont. 

, , ,  ordered  for,  298, 

442. 

,  . . . . ,   . . . . ,  withdrawn,  442. 

,  . . . . ,  sent  in  search  of  pirates, 

298. 

,  . . . . ,  victuals  at  Barbados, 

691,  797. 

,  ......  victualling  station  in 

L.I.  proposed,  691,  797. 

,  hurricane,  damage  by,  40. 

,  . . . . ,  season,  691. 

,  imports  of,  account  of,  692. 

,  inhabitants,  decrease  of, 

causes  of,  40,  93. 

,  . . . . ,  . . . . ,  enquiries  concern- 
ing, 652  i. 

,  . . . . ,  removal  of,  enquiries 

concerning,  652  i. 

,  •. . . . ,  . . . . ,  discouraged,  171. 

,  ....,  ....,  to  Crab  I.,  pro- 
hibited, 40,  692,  692  i. 

,  lands  in,  grants  of,  rents  of,  692. 

,  Lt.  General  of.  See  Matthew, 

Wm. 

manufactures  in,  enquiry  con- 
cerning, 652  i. 

,  Naval  Officer.  See  Floyer, 

John  ;  Perry,  Edward. 

,  Naval  Officers'  lists  required, 

736. 

negroes,  imported  from  St. 

Eustatia,  question  concerning, 
692. 

,  runaway,  exactions  by 

Danes,  protest  against,  298  x. 

,  orders  in  Council,  copies  of, 

fees  for,  408. 

,  Patent  Offices,  805. 

, bargaining  for,  822. 

pirate  ship,  chased  off  St. 

Thomas,  298. 

,  destroyed  at  Crab 

Island,  298. 

,  pirates,  134,  736. 

,  . . . . ,  commission  for  pardon- 
ing, 746. 

,  commission  for  trying, 

405  ;  and  see  Plantations,  Gov- 
ernors of. 

,  ,  depredations  of,  797, 

797  i-vi. 

, ,  measures  against,  298. 

,  presents  from  Assemblies, 

instruction  concerning,  257  i ; 
and  see  Hamilton,  W. 

»  produce  of,  enquiry  con- 
cerning, 652  i. 

,  queries  concerning,  by  Council 

of  Trade,  652,  652  i. 

,  quit-rents,  156  i. 

,  H.M.  Regiment  in,  298. 

» deserters  from,  harboured 

by  Dutch,  complaint  of,  797. 


Leeward  Islands,  H.M.  Regiment  in — 

cont. 
,  Lt.  Col.  of.    See  Morris, 

Valentine. 
,  . . . . ,  sent  in  search  of  pirates, 

298. 

,  Revenue,  accounts   of,   Com- 
mittees for  auditing  etc.,   442, 

692. 
,  statement  of,  demanded, 

171,  408,  442,  692. 

,  Sta.  Lucia.    See  Sta.  Lucia. 

,  seal,  new,  for,  127,  150. 

, ,  warrant  for  using, 

127,  135,  142. 

, ,  old,  broken,  358,  526. 

,    Secretary   and   Clerk   of   the 

Crown.     See  Hedges,  Charles  ; 

Knight,  John. 
,  Secretaries  of,  orders  to,  736, 

736  ii. 
,  shipping,  enquiry  concerning, 

652  i. 
,    Solicitor    General    of.       See 

Spooner,  John. 
,   stores   of   war   for,   need   of, 

urged,  171,  200,  202. 
,    . . . . ,    payment    for,    out    of 

4£  p.c.  duty  intended,  200. 
,     trade     and     shipping,     acts 

affecting,    instruction    concern- 
ing, 90  i,  111,  142. 
,  trade  of,  enquiries  concerning, 

652,  652  i. 

,  . . . . ,  illegal,  discouraged,  413. 

,     . . . . ,     . . . . ,    prevention    of, 

enquiry  concerning,  652,  652  i. 

, ,  with  Dutch,  692,  797. 

,  . . . . ,  with  foreign  Plantations, 

enquiry  concerning,  652  i. 
,  . . . . ,  . . . . ,  in  English  bottoms, 

legitimacy    of,     question    con- 
cerning, 692. 
,      . . . . ,     with     Madeira     and 

Western     Islands,     return     of, 

required,  408,  736. 

, ,  with  Nfd.,  798. 

, withN.H.,  796. 

, ,  with  St.  Eustatia,  797. 

Leger,    Sir    John,    plantation    of,    St. 

Kitts,  grant  of,  46. 
Leigh,    — ,    French    ship    seized    by, 

591  ii. 
prosecution  of,  sureties 

of,  petition  for,  591  n. 
,....,....,  order  for,  proposed, 

606. 

,  . . . . ,  . . . . ,  ordered,  643. 

Leland,  Joshua,  receipt  by,  689  i. 
Lenze,  Capt.,  James  de,  petition  of, 

510. 

,  wife  of,  claim  for,  510. 

Leonard,      George,      Lt.      Governor, 

Anguilla,  instructions  to,  40  i. 
,  . . . . ,  letter  from,  40  i. 


GENERAL  INDEX. 


491 


Leonard — cont.  Logwood    cutters  in   Campeche  Bay, 
,  Robert,  Capt.,  deposition  of,  Laguna  de  Terminos  etc.,  pro- 

797  vi.  test  against  by  Spain,  reply  to, 
,     captured    by    pirates,  104  I. 

797  vi.  Logwood,  price  of,  104  i. 
,    Thomas,    recommended    for  ,  trade  in,  85  I. 

Council,  N. J.,  739.  ,  .'...,  importance  of,  104  I. 

Leslei,   F.,  pirate,   surrender   of,    345  London,  Bishop  of,  144. 

in.  ,  . . . . ,  attempt  to  erect  ecclesi- 

Leslie,   William,  document  signed  by,  astical  Court  in  Barbados,  re- 

742  iv-xn,  xiv.  pudiated  by,  88. 

Lesley,  Col.,  sloop  of,  taken  by  pirates,  ,    Commissary   of,    com- 

797  iv.  plaint  concerning,  68  i. 

Le  Sone,  351  i  ;   and  see  Latonde.  ,    . . . . ,    . . . . ,    . . . . ,    referred, 

Levy,  Moses,  445  n.  68  ;    and  see  Blair  ;    Gordon. 
,    . . . . ,    document   signed    by,  ,  . . . . ,  . . . . ,  powers  of,  159. 

445  I.  , ecclesiastical  jurisdiction 

Lewis,  John,  recommended  for  Council,  of,  in  the  Plantations,  88,  159. 

Jam.,  53.  ,     . . . . ,     intrigue     of     against 

John,  Va.,  grant  of  lands  to,  Hunter,  alleged,  373  iv. 

657  iv.  ,    ,    letter   from,    88, .  159, 

Lexinton,  Lord.    See  Sutton,  Robert.  159  11. 

Liddell  (Lyddell),  George,  Councillor,  , letter  to,  159  vi,  192. 

St.  Kitts,  797.  ,    merchants,    grant    of    New- 

,    . . . . ,    plantation   of,    in    St.  f  oundland  to,  798. 

Kitts,  grant  of,  26  n.  , ,  petition  of,  631,  687. 

,   . . . . ,   . . . . ,  warrant  confirm-  , testimonial  by,  64. 

ing,  26  i,  574.  sailings    for    Newfoundland, 

,   . . . . ,   proposal  to  pur-  626  i. 

chase,  26.  Lonsdale,  Catherine,  Viscountess.    See 
,  Samuel,  French  ship  seized  by,  Lowther. 

591  ii.  Looby,    Bap.,    document    signed    by, 
,    . . . . ,    prosecution   of,  411,  412. 

petition  for,  591  n.  Lords  Justices,  The,  Secretary  of.    See 
,    . . . . ,    . . . . ,    . . . . ,  order  for,  Delaf aye,  Charles. 

643.  Louisiana,        communication        with 
,      . . . . ,     . . . . ,      . . . . ,       . . . . ,  Canada,     enquiry     concerning, 

proposed,  606.  334,   344,   402,   419,   450,   699, 

Lightfoot,  John,  document  signed  by,  723. 

411,  412.  , reply  to,  600,  657, 

,  Richard,  petition  of,  448.  699,  700,  723,  800. 

,      recommended      for  ,  patent  of,  238. 

Council,  Barbados,  448.  Low,  Anne,  Mrs.,  deposition  of,  262. 

Livingston,  Robert,  Speaker,  N.Y.  ,  . . . . ,  letter  from,  244. 

,    . . . . ,    document   signed    by,  ,  petition   for  patent  for 

718  i,  738  vi.  sturgeon  fishery,  149  i,  198. 

Lloyd,  John  (N.J.),  memorial  by,  50 , , ,  referred,  149. 

,  . . . . ,  petition  of,  445  i.  ,....,....,  report  upon,  480. 

,  . . . . ,  residence  of,  N.Y.,  445  ,  . . . . ,  . . . . ,  withdrawn,  244. 

n.  , father  of,  149  i. 

,    . . . . ,    Agent    for    Barbados,  ,    . . . . ,  husband  of,  murdered 

document  signed  by,  103,  516.  by  Indians,  149  i. 

,  . . . . ,  letter  from,  716.  ,    summoned    to    attend 

, ,  Secretary  to  Post  Master  Board,  226. 

General,  letter  to,  668.  ,  Joseph,  document  signed  by, 

Lodwick,  Charles,  445  n.  445  i. 

,    . . . . ,    document   signed    by,  Lowndes,   William,   Secretary   to   the 

445  i,  516,  663  i.  Treasury,  letter  from,  503,  711, 
, petition,  memorial,  by,  755. 

50,  707.  , ,  letter  to,  106,  147,  202, 

,  reply  to,  578  i.  546,  726. 

,     . . . . ,     . . . . ,     comment    on,  Lowther,        Catherine,        Viscountess 

402.  Lonsdale,  Act  of  Barbados,  to 

Logan,  George,  Speaker  of  Assembly,  confirm      certain      deeds      etc.t 

document  signed  by,  399.  enquiry  concerning,  212. 


492 


GENERAL  INDEX. 


Lowther — cont. 

,  Robert,  Governor  of  Barbados, 

79. 
,    Act    of    Barbados,    to 

confirm   certain   deeds,   enquiry 

concerning,  212. 
,  Commission  for  trying 

pirates,    471,    716    i;     and. see 

Plantations,  Governors  of. 
Councillor  suspended  by, 

caveat  against,  698. 
,  instructions  of,  88,  742, 

767  ;  and  see  Plantations,  Gov- 
ernors of. 

t  . . . . ,  . . .  . ,  alterations  in,  666. 

,    . . . . ,   concerning   acts 

affecting    trade    and    shipping, 

90  i,  111,  142. 
,  . . . . ,  .  . . . ,  relating  to  salary 

etc.,  infringement  of,  471. 

, , , ,  rebuked,  471. 

,     ,    letter    from,    2,     159, 

159  vi,  215,  534,  742,  743. 

,  . . .  . , referred,  473. 

,    ,   letter   to,    88,    159   n, 

212,  471,  490,  561,  821. 
,    . . . . ,  presents  to,  excessive, 

471. 
,   . . . . ,  refusal  of,  to  apply  to 

Martinique  for  return  of  run- 
away slaves,  753  i. 
t   . . . . ,   . . . . ,    . . . . ,  instruction 

concerning,  767. 
Loyard,  Pere,  789  iv. 
Lucas,   George,  document  signed  by, 

413. 
,    . . . . ,   proposed   for   Council, 

Antigua,  797. 
,   Richard,   Col.,   Regiment   of, 

in  Leeward  Islands,  736. 
Ludlow  Castle,  H.M.S.,  566. 
Ludlow,  Gabriel,  Clerk  of  Assembly, 

N.Y.,  affidavit  by,  738  in. 
,    document    signed    by, 

603  in. 

Ludwell,    Philip,    Auditor,    Va.,    sus- 
pended, 800. 

,  business  of,  568. 

,     in    partnership    with 

Blairs,  568. 
,  Councillor,  dismissal  of, 

proposed,  588. 
,    . . . . ,   charge   against,   reply 

to,  456. 
,  . . . . ,  . . . . ,  copy  refused 

to  Lt.  Gov.  Spotswood,  456. 
,     . . .  . ,    Governor's    right    to 

collate  to  benefices  challenged 

by,  657. 

,   . . . . ,  opposition  to  Lt.  Gov- 
ernor   led    by,    456,    568,    588, 

799,  800. 

,  . . . . , ,  cause  of,  800. 

,  . . . . ,  relatives  of,  on  Council, 

209,  568,  799,  800. 


Ludwell,  Philip cont. 

, ,  wife  of,  209. 

,    . . . . ,    son   in   law    of.       See 

Grymes. 
Lurting,  Robert,  document  signed  by, 

516  i. 
Lyal,  David,  Councillor,  N.J.,  resident 

in  New  York,  194. 
Lyddell.  '  See  Liddell. 
Lyme,  H.M.S.,  800. 
Lynch,  Ambrose  (Barth.),  deposition 

of,  297  i. 
,   Bartholomew,   certificate  by, 

43  n. 

,  Nicholas,  petition  of,  309. 

,  Sir  Thomas,  former  Governor 

of  Jamaica,  104  i. 
,  Thomas,  document  signed  by, 

399. 


McArthur,  Gibbos,  plantation  of,  peti- 
tion concerning,  30,  30  i. 
,  . .  .  . ,  .  .  .  . ,  grant  of,  continued, 

574. 
McCarty,  Daniel,  Speaker  of  Assembly, 

Va.,  document  signed  by,   568 

iv,  800  n  (a). 
Mac-Culle,    Nathaniel,    deposition   of, 

551  iv. 
McDowall,  William,  Capt.,  Councillor, 

St.  Kitts,  736,  797. 
,    .  . . . ,    proposal    to    purchase 

plantation  in  St.  Kitts,  62. 
McGill,  Robert,  298  in. 
(Makgill),     Thomas     (Nevis), 

deposition  of,  134  vn. 
Mackinen,  Dan.,  document  signed  by, 

413. 
Macnemara,     Thomas,     charges     by, 

against  Governor  Hart,  289. 
MacPheadris  (Macphedres),  Archibald, 

deposition  of,  616  vi  (6). 
,      recommended      for 

Council,  N.H.,  700. 
Maddock,  Thomas,  751. 
Madeira,  trade  with,  85. 

,  Barbados,  797  iv. 

, ,  N.E.,  330. 

,    ,    returns    of,    330,    575, 

600,  618,  618  i,  736,  742. 
, , ,  required,  334,  344, 

402,  408,  419,  450,  465,  471. 
Maine,    purchase    of,    616 ;     and    see 

Mass.  Bay. 
March,  Francis,  421. 

,  . . . . ,  letter  from,  225. 

,       . . . . ,      recommended      for 

Council,  Jam.,  53. 


GENERAL  INDEX. 


493 


Marchant,     Ambrose,     deposition    of, 

729  (a). 
Margaret,  sloop,  captured  by  pirates, 

298  in. 

Markham,   Benjamin,   grant   of,   con- 
tinued, 574. 
Markoe,   Peter,  document  signed  by, 

298  vii. 

Marooners,  737. 
Marsh,  John,  191. 

,  . . . . ,  letter  from,  521. 

,  letter  to,  217,  512. 

Marshall,  Capt.  (Jam.),  737  iv. 
,     . . . . ,     mission     of,     to     St. 

Thomas,  298,  487,  736. 
,     . . . . ,    instructions    of,    298, 

298  x. 
,     returns    to    England, 

736. 
Martin,  Jonathan,  deposition   of,  358 

i. 

,  Peter,  petition  of,  309. 

Martinique,    British    ship    seized    at, 

representation  concerning,  64. 

,  expedition  against,  260. 

,  Governor  of,  753  i. 

,     . . . . ,    Papist    settlers    from 

Antigua  invited  by,  309. 
,    hostages    from    Nevis.       See 

Nevis,  invasion  by  French. 
,   merchant   of,    complaint   by. 

See  Sales,  Pierre. 

,  negroes,  runaway  from  Bar- 
bados, 77. 

, ,  list  of,  763,  767  i. 

,     . . . . ,     . . . . ,    restoration    of, 

petition  for,  753  i. 
,    . . . . ,    . . . . ,    . . . . ,    referred, 

753. 
,    . . . . ,     . . . . ,    regulation    for, 

753  i. 
,  revolution  at,  instructions  to 

British    Governors    concerning, 

100. 

,    . . . . ,   Proclamation  concern- 
ing, 100  i. 
,  . . . . ,  ships  taken  by  pirates, 

797  i,  iv. 
,   soil   of,   enquiry   concerning, 

652. 
,  trade,  illegal,  with,  measures 

to  prevent,  767. 
,    trade    with,    prohibition    of, 

recommended,  534. 
Martin's  Vineyard,  I.,  177  i. 
Martyn,  Joseph,  letter  from,  30. 
,   . . . . ,  plantation  of,  proposal 

to  purchase,  83. 

Mary  Anne,  pirate  ship,  797  n. 
Mary  of  Bristol,  captured  by  pirates, 

271. 

Mary  and  Elizabeth,  seized  by  Spani- 
ards, 692,  692  vi-vm. 
Mary,  sloop,    131   iv,  v,   714  I  ;    and 

see  Jamaica,  privateers. 


MARYLAND,  309. 

,  Attorney  General,  collusion 

of,  289. 

,  Council,  100,  417  i. 

,  Governor  of.    See  Hart,  John. 

,  ,  attends  Conference 

concerning  Indians,  59,  406. 

,  Papists  and  Jacobites  in, 

alleged  encouragement  of,  by 
Governor,  288. 

,  pirates,  commissions  for  try- 
ing, 405. 

,  Proclamation  forbidding 

assistance  to  rebels  at  Martini- 
que, 100,  100  i. 

,  trade,  819. 

,  . . . . ,  duties  on,  552. 

,  illegal  in,  encouragement 

of,  by  Governor,  alleged,  289. 

,  ,  with  foreign 

Plantations,  proclamation  pro- 
hibiting, 417  i,  n. 

Mason,  Major,  88,  159. 

MASSACHUSETTS  BAY  ;  and  see  New 
England. 

,  Act,  in  addition  to  Act  for 

regulating  fees,  274. 

,  . . . . ,  in  addition  to  and  ex- 
planation of  two  Acts  etc.  for 
regulating  fees,  complaint,  con- 
cerning, 274. 

,  Acts,  524. 

,  . . . . ,  affecting  trade  and 

shipping  of  Great  Britain,  only 
to  be  passed  with  suspensory 
clause,  90  i,  111,  142. 

,  . . . . ,  transmitted,  776. 

, Governor's  Instructions 

relating  to,  544 ;  and  see 
Plantations,  Governors  of. 

,  . . . . ,  of  Parliament,  authority 

of,  denied  in,  616. 

,  Agent  of.  See  Dummer, 

Jeremiah. 

,  Assembly  of,  544. 

, adjourned,  776. 

,  . . . . ,  directions  concerning 

naval  stores  by,  700. 

Journal  of,  278,  524, 

744,  776. 

,  Speaker  of,  letter, 

memorial  to,  616,  616  iv. 

Berwick,  616  11,  IV. 

,  Boston,  575  i,  620,  620  i, 

660,  700  vn,  797  iv. 

, Castle  William,  account 

of  stores  at,  193,  193  i,  n. 

, Exchange,  236. 

, ,  Change,  650. 

,  . . . . ,  imports,  account  of, 

85  i. 

, Naval  Officer's  accounts, 

341. 

, ,post,  317,  735. 

,   . . . . ,  whale-fishery,  317. 


494  GENERAL  INDEX. 

Massachusetts— con*.  Massachusetts,  inhabitants— <xwf. 

Charter  of,  261,  511,  706,  741 ,     increase    of,    method 

claims  under,  616,  616  proposed  for,  193. 

" '  J_vi.  *  ,  Kittery,  616  iv. 

...'.,  enquiry  concerning,  308 ,  labour  in,  scarcity  of,  193. 

. . . ,  opinion  concerning,  383,  ,   lands   between   Nova   Scotia 

383  i-m.  and  Maine»  claim  to,  396,  397, 
scire  facias  for  resump-  543. 

tion  of,  suggested,  755.  ,   , ,  opinion  on,  383, 

H.M.   Woods  reserved  511. 

by,  744.  »  ••••-•  •  •  •  • »  objection  to,  383  i, 

,    coins,    currency    in,    paper,  in. 

depreciation  of,  193,  236,  650,  ,  reply  to,  383  n. 

724  i.  ,....,....,  petition  and  pro- 

,  Company,  543,  744.  posal  concerning,  458  i,  543. 

,  Council,  544,  700.  , , ,  report  upon,  241, 

f  Governor's  Instructions  242,  261. 

communicated  to,  544.  , ,  . . . . , ,  referred  back, 

,  Minutes  of,  776.  308. 

,  Council  and  Assembly,  Com-  ,    . . . . ,    reply    to, 

mittee  of,  616,  616  n.  261. 

Councillors,    616;     and    see  ,  lands  in,  grants  of,   method 

Cooke,  J.  of,  700. 
,   Court  of  Admiralty,   pirates  .......  Lt.  Governor.    See  Tailor,  W. 

condemned  in,  193.    *  , salary  of,  700. 

,  Crown  officers  in,  hostility  to,  Maine  (York  County),  develop- 

616.  ment  of,  616  ;    and  see  Mass., 
,   Customs,   Surveyor  of.      See  lands  between. 

Cumings,  A.  , grant  of,  616  u,  iv. 

defence  of,  543.  , ,  lumber,  removal  of  duty 

'.,  exports  of,  85,  330,  620.  proposed,  193. 

,   accounts  of,  544,  700,  , ,  purchase  of,  (516. 

700  vii.  ,    . . . . ,    . . . . ,    question   raised 

t exceeded  by  imports,  193.  on,  744. 

,  fees  in,  act  regulating,  com-  , ,  woods  in,  claim  to,  616, 

plaint  concerning,  274.  616  i-vin. 

,  forts,  repair  of,  needed,  193.  ,••••, enquiry  con- 

,  French  advance,  not  throat-  cerning,  741. 

ening,  700.  , , ,  waste  in,  616,  617. 

,  . . . . ,  at  Capt  Breton,  danger  ,    . . . . ,    . . . . ,  sawmills  erected 

from,  700.  in,  616. 
French  fishery  at  Canso,  man  .......  Marblehead,    Naval    Officer's 

of  war  sent  to  disperse,   782,  accounts,  341. 

782  i,  n.  ,  Militia  of,  list  of,  575,  575  n. 

French  settlements  on  Missis-  ,  mines,  royalties,  700. 

sippi,  enquiry  concerning,  544.  ,   naval  stores,  encouragement 

Governor  of.    See  Shute,  S.  of,  recommended,  193. 

salary  of,  700.  , ,  exports  of,  85,  330. 

,  . . . . ,  grants  of  land  by,  261 ,    instructions  for  main- 

268.  taining  quality  of,  419,  700. 
,  Governor,  Council  and  Assem-  ,  . . . . ,  . . . . ,  proposed  to  Assem- 
bly of,  representation  to,  616.  bly,  700. 
,    ,    ,    ,   reply   to,  ,  Patent  Offices  in,  274. 

616,  616  in.  ,  pirates,  depredations  of,  evil 

,  imports  of,  330,  620  i.  effect  of,  on  trade,  575. 

, ,  account  of,  700,  700  vn ,   ,  pardon  of,  little  effect 

,  . . . . ,  excess  over  exports,  193.  of,  575. 

,  Indians,  Eastern,  treaty  with,  ,   ships   taken   by,    660, 

193.                                                                   797  n,  iv. 
,  . . . . ,  intrigues  of  Jesuits  with,  ,  trials  of,  193,  575,  575  I. 

700.  ,  . . . . ,  . . . . ,  copies  of,  required, 

, ,  outbreak  of,  feared,  700.  419. 

war  with,  cost  of,  193.  ,    ,    ,   commission   for, 

,  inhabitants,  capable  of  bearing  405  ;  and  see  Plantations,  Gov- 

arms,  193.  ernors  of. 


GENERAL  INDEX. 


495 


Massachusetts,  pirates,  trials  of,  com- 
mission for — cont. 

,  . . . . ,  .  . . . ,  . . .  . ,  validity  of, 

question  of,  656,  659,  669  i, 
747. 

, , , ,  reply 

to,  575,  658,  669  n. 

Post,  317,  650,  735. 

,  proclamation  in,  193. 

,  quit  rents,  not  reserved,  700. 

,  Revenue,  accounts  of,  193, 

700,  700  iv. 

,  . . . . ,  required,  419. 

,  . . . . ,  . . . . ,  auditing  of,  193. 

,  . . . . ,  instructions  concerning, 

544. 

,  St.  Thomas,  trade  with,  620  i. 

,  Salem,  Naval  Officer's 

accounts,  341. 

,  seal,  now,  for,  127. 

,  . . . . ,  . . . . ,  warrant  for  using, 

127,  135,  142,  544. 

,  . . . . ,  old,  broken  and  returned, 

544. 

,  Secretary  of.  See  Willard, 

Josiah. 

,  fees  of,  Act  affecting, 

complaint  against,  274. 

,  shipbuilding  in,  85. 

,  stores  of  war  in,  accounts  of, 

193,  193  i-m,  700,  700  ix,  x. 

,  townships,  now,  laid  out,  616. 

,  . . . . ,  woods  in,  right  to,  616, 

616  i,  n. 

,  . . . . ,  . . . . ,  title  of  Crown 

to,  755. 

, , ,  denied,  283. 

, ,  . . . . ,  enquiry  con- 
cerning, 711,  726,  741. 

,  . . . . ,  . . . . ,  . . . . ,  opinion  on, 

744  ;  and  see  Mass.,  Maine. 

,  woods  in,  preservation  of, 

instructions  for,  755. 

,  . . . . ,  . . . . ,  observance  of, 

urged,  755. 

, ,  waste  of,  616,  617,  672, 

735. 

,  . . . . ,  . . . . ,  difficulty  of  pre- 
venting, 616. 

trade  and  shipping,  Acts 

affecting,  instructions  concern- 
ing, 90  i,  111,  142. 

,  trade,  with  Dutch,  620  I. 

,  . . . . ,  with  French,  Proclama- 
tion prohibiting,  193. 

,  . . . . ,  with  Great  Britain,  620. 

,....,  with  Madeira  and  Azores, 

85,  330. 

,   . . . . ,  accounts  of,  575. 

,  . . .  . ,  .  .  .  . ,  .  . . . ,  required, 

419. 

, with  Spaniards,  620  i. 

,  ,  with  West  Indies,  85, 

85  i,  330. 

,  Treasurer,  see  Allen,  Jeremiah, 


Massachusetts — cont. 

,  wool  clip  in,  620. 

,   . . . . ,  export  of,  620. 

Masters,  Capt.,  engagement  with  pir- 
ates, 730. 
Mather,   Increase,   wife    of,   claim   to 

lands  N.E.,  report  upon,  261. 
,    ,    ,    ,   reply   to, 

268. 
Mathew,  Mrs.  Louise  (Burt),  grant  of, 

continued,  574. 
,     (Matthews)      William,      Lt. 

Governor   of    Leeward   Islands 

and  St.  Kitts,  441,  797. 

, ,  grant  by,  29,  46. 

,  . . . . ,  ....  of,  continued,  574. 

, ,  letter  from,  559. 

,    . . . . ,  leave  of  absence,  719, 

736. 
Mathows,  Thomas,  Lt.,  commission  of, 

278. 
Maxwell,    Thomas,    document    signed 

by,  742  iv-xu. 
Maycock,    Thomas,    junr.,    document 

signed  by,  742  iv-xn. 
Mayer,  Samuel,  document  signed  by, 

192. 
Mayne,  Jos.,  letter  from,  188. 

, ,  letter  to,  150. 

Mode,  Capt.,  660. 
Mellanson,  Peter,  371  i. 

,   . . . .,  letter  from,  371  in. 

, ,  letter  to,  371  i,  n. 

Mercury,  loss  of,  373,  376. 

Merida,  104  i. 

,  George,  document  signed  by, 

438,  439. 
,    John,   document   signed   by, 

286. 

Merrimac,  River,  616. 
Merry-meeting  Creek,  261. 
Methuen,  Paul,  Secretary  of  State  for 

the  Southern  Department,  104  i, 

195. 
Mexico,  Bay  of,  389. 

....... ,  trade  in,  389. 

,   . . . . ,  description  and  sailing 

directions,  820. 

,  Viceroy  of,  423. 

Micklothwaite,    Jo.,    Agent    for    Bar- 
bados, 767. 

,....,  document  signed  by,  103. 

,  Joseph,  Secretary,  Barbados, 

petition  of,  210,  229. 

, ,  withdrawn,  269. 

,  . .  . . ,  .  . . . ,  report  upon,  259. 

Middlebourrow.    See  Hern,  Joseph. 
Middleton,  Lewis,  Capt.,  captured  by 

pirates,  551  ix. 

,  deposition  of,  551  ix. 

Milford,  H.M.S.,  737. 

Miller,   Daniel,   document   signed   by, 

603  i. 
Milles,  Joseph,  sentence  of,  suspended, 

490. 


496 


GENERAL  INDEX. 


Milliken,  James,  agreement  of,  with 
Mr.  Stoddart,  441,  441  I,  n. 

...'...,  . . . . ,  deposition  of,  441  I. 

f  . . . . ,  plantation  of,  grant  of, 

16,  260,  441,  441  i-m,  691. 

...'...,  . . . . ,  . . . . ,  complaint  con- 
cerning, 441. 

9  . . . . ,  . . . . ,  order  concerning, 

369. 

, ,  report  upon,  325. 

, ,  proposal  to  pur- 
chase, 62. 

, removal  of,  from  Nevis 

to  St.  Kitts,  797. 

,  . . . . ,  proposed  for  Council, 

St.  Kitts,  797. 

,  . . . . ,  services  of,  441. 

Mills,  John,  proposal  by,  for  pur- 
chasing former  French  lands 
in  St.  Kitts,  30,  92,  93,  146, 
156. 

, death  of,  156,  305. 

,  Mathew,  Chief  Justice,  St. 

Kitts,  134  iv. 

,    . . . . ,  appointment  of,    134. 

,  . . . . ,  proposal  to  purchase 

plantation,  St.  Kitts,  41. 

Milward,  John,  Councillor,  St.  Kitts, 
797. 

Mines,  iron,  Va.,  discovery  of,  800. 

Minshall,  Thomas,  contract  of,  258. 

,   . . .  . ,  letter  from,  321. 

Miranda,  J.,  petition  of,  662,  676. 

Mississippi,  Company,  238. 

,  French  communications  with 

Canada,  enquiry  concerning, 
334,  344,  402,  419,  450,  699, 
723. 

, reply  to,  600,  657, 

699,  700,  723,  800. 

, ,  exploration  of,  238,  256. 

Mitchell,  Thomas,  Capt.,  R.N.,  grant 
of  lands  to,  St.  Kitts,  260,  325, 
441,  441  m. 

,  widow  of,  260,  325. 

Modyford,  Sir  Thomas,  former  Gov- 
ernor of  Jamaica,  104  I. 

Molesworth,  John,  a  Commissioner  of 
Trade  and  Plantations,  233, 
625. 

Moll,  John,  177  i. 

Mona,  I.,  rendezvous  of  pirates,  797  n. 

Monteleon,  Marquis  de,  Spanish  Am- 
bassador, memorial  of,  reply  to, 
104i. 

, ,  son  of,  679. 

Montgomery  (Mountgomery),  Sir 
Robert,  deposition  of,  684. 

,  grant  to,  of  Margravate 

of  Azilia,  360  i,  389. 

,  . . . . ,  . . . . ,  referred,  424. 

,  . . . . ,  . . . . ,  report  upon,  459, 

493. 

,  . . . . ,  . . . . ,  . . . . ,  requested, 

475. 


Montgomery,  Sir  Robert,  grant  to — cont . 
,     . . ; . ,    settlement    of, 

proposed  for,  389,  671  i. 
,     . . . . ,     .  .  . . ,     .  . . . ,    referred, 

360,  587,  671. 
....;.,  . . . . ,  . . .  . ,  reasons  for,  389. 

, ,  products  of,  389. 

,    . . . . ,    . . . . ,  recommendation 

of,  360  i,  493. 
MONTSEBBAT  ;   and  see  Hamilton,  W., 

Governor     of ;      and     Leeward 

Islands. 
,   Act,  for  quieting  possessions 

etc.,  objections  to,  545,  652. 
,   . . . . ,     . . . . ,    new,    proposed, 

652. 
,  » . . . ,  repealing  Six  pound  act, 

objection  to,  570  i  (b). 
,  Acts  of,  collection  of,  required, 

171. 

,  Assembly  of,  692. 

,  .  .  . . ,  Journal  of,  transmission 

of,  required,  736,  736  n. 

,  Council  of,  692. 

,    . . .  . ,    Minutes   of,     required, 

736,  736  n. 

,  Councillors,  797. 

,  . . . . ,  absentee,  797. 

,    .  .  .  . ,    persons   proposed   for, 

797. 
,  Governor  of.     See  Hamilton, 

W. 
,    inhabitants    of,    migrate    to 

Crab  Island,  40. 

,   . . .  . ,  testimonial  by,  61  n. 

,  invasion  of,  by  French,  40. 

,     .  .  .  . ,    damages    by,    to    be 

assessed  by  Commissaries,  230. 
,  Lt.  Governor  of.  See  Tolmach, 

T. 
Montserrat     Merchant,     captured     by 

pirates,  298  n. 
Moody,    Col.   John,    Lt.    Governor   of 

Placentia,  fish  of  French  seized 

by,  626  i. 
,   . . . . ,  orders  and ,  proceedings 

of,  542. 

,  William,  pirate,  797,  797  i,  v. 

Moore,    John,    Councillor,    Jam.,    ap- 
pointed, 144. 

,   . . . . ,  recommended,  53. 

,    document    signed    by, 

97  i,  516  i. 
,  Roger,  document  signed  by, 

399. 
,     Samuel,     recommended     for 

Council,  Jam.,  53. 

,  . . . . ,  .  . . . ,  appointed,  144. 

Morant,   John,   Councillor,   Jam.,   ap- 
pointed, 144. 

,   . . .  . ,  recommended,  53. 

Morgon,    Edward,    document    signed 

by,  413. 
,  Jacob,  document  signed  by, 

411,  412. 


GENERAL  INDEX. 


497 


Morice,  Ham.,  641. 

Morris,  Lewis,  Councillor,  N.J.,  resi- 
dent in  New  York,  194. 

, charge  against,  516. 

,    . . .  . ,   document    signed    by, 

718i. 

,     Thomas,      suspended     from 

Council,  Antigua,  358,  491,  570, 
736,  797. 

,  .  .  .  . ,  depositions  and  reasons 

for,  358,  358  I,  359  i-xn. 

,     . .  .  . ,     Minutes     of     Council 

concerning,  521. 

,  .  . .  . ,  petition  concerning,  477. 

,  ;  .  .  . ,  letter  from,  359. 

,  Valentine,  Lt.  Col.  of  Regi- 
ment in  the  Leeward  Islands, 
736. 

,   .  .  .  . ,  character  of,  736. 

,  deposition  by,  335. 

,  Councillor,  Antigua,  leave  of 

absence    of,    654,    736,    736    u, 
797. 

,   proposed   for   Councils 

of  all  the  L.I.,  736. 

,  William,  N.J.,  deceased,  739. 

,     . . .  . ,     Councillor,     Antigua, 

death  of,  797. 

Mounswaggen  Bay,  261. 

Mountain,  Thomas,  deposition  of, 
359  u. 

Mount  Desart,  351. 

Mountgomery,  Sir  R.  See  Mont- 
gomery. 

Moville  (Mobile),   French  at,   657. 

,  . . . . ,  enemy  Indians  en- 
couraged by,  556. 

,  . . . . ,  increase  of,  423. 

, trade  with,  660. 

Mudd,  George,  recommended  for 
Council,  Jam.,  53. 

Muirhead,  John,  recommended  for 
Council,  N.J.,  739. 

Mulford,  Isaac,  document  signed  by, 
603  i. 

John,    document   signed   by, 

603  i. 

,  Samuel,  N.Y.,  absconds,  317. 

,  Address  got  up  by,  223, 

603,  603  n. 

,   . . . . ,   . . . . ,  suppressed,  603. 

,     . . . . ,    . . .  . ,    disowned,    603, 

603  i. 

, arrest  of,  writ  for,  49  i. 

: ,    charges    against,    by 

Governor  Hunter,  600-603. 

,     . . . . ,     charges    by,    against 

Governor  Hunter,  49,  344,  633. 

,  . . . . ,  . . . . ,  petition  concern- 
ing, 14. 

,    ,    reply  to, 

317,    317    i-xi,    553,    554,    600, 
603  in. 

,   . . .  . , ,  by  Council 

and  Assembly,  724  n,  in. 
Wt.  441. 


Mulford,  Samuel,  charges  by,  petition 

concerning — cont. 
,    ,    ,   lost,    373, 

376. 
,     ,     ,    by    Col. 

Schuyler,  578  i. 
,     .  . .  . ,     .  .  .  . ,     . .  .  . ,    referred, 

501  i. 
,  .  .  .  . ,  .  .  .  . ,  .  .  .  . ,  report  upon, 

317,  317  xi,  xiv. 
, Connecticut  interest  of, 

126,  317  xi. 
,     .  .  .  . ,    document    signed    by, 

445  i. 
,       .  .  .  . ,      expedition      against 

Indians  proposed  by,  126. 
, expelled  from  Assembly, 

317. 
,     ....,    Indian    affairs,    policy 

of,  criticised,  126,  317  xr. 

letter  from,  49. 

,    opposition  of,   to  pay- 
ment  for   Canada    Expedition, 

126. 
,    ....,    ....,  to  settlement   of 

revenue,  317. 
,    .  .  .  .,  petition,  memorial,  by, 

94,  223. 
,     ,     ,    reply    to,     112, 

112  i,  126,  317,  317  xi. 
,    . . . . ,    . . . . ,    . . . . ,    required, 

402. 

,    .  .  .  . ,    .  .  .  . ,    hearing   of,    de- 
ferred, 453. 
,      .  .  .  . ,      .  .  .  . ,     report     upon, 

petition  for,  349. 
,    petitions   prepared   by, 

223. 
,  .  .  .  . ,  prosecution  of,  126,  317, 

317  xi,  xn. 

,    .  .  .  . ,     .  .  . . ,    complaint    con- 
cerning, 49,  49  i. 
,  . .  .  . , order  suspending, 

554. 

,    .  .  . . ,    .  .  .  . ,    reason   for,  1 26. 

,    .  .  . . ,    reprimand   of,   request 

for,  112. 

,   .  .  .  . ,  residence  of,  445  u. 

,  .  .  .  . ,  speech  of,  in  Assembly, 

49  n. 
,   .  . .  . ,   . .  .  . ,   .  .  .  . ,  publication 

of,  prosecution  for,  126,  317  xn. 
whale-fishing,  licences  for, 

disputed  by,  600,  603,  603  i-in. 
,    .  .  .  . ,    .  . . . ,  case  concerning, 

brought  by,  600,  603  in. 
,   . .  .  . ,   .  .  .  . ,   .  .  .  . ,  decision  in, 

600. 
,     ....,    referred, 

468. 
,     . . . . ,    whale    oil    made    by, 

without    licence,    warrant    for 

seizing,  317  ix. 
,  Thomas,  document  signed  by, 

603  i. 

C.P.  32. 


498 


Mullins,  Major  Richard,  passport  of, 

434. 
Musgrove,  Col.,  mission  of,  to  Indians, 

423. 


GENERAL  INDEX. 


Nantucket,  177  I. 

,  wool  exported,  620. 

Narragansett,  177  I. 

Nassau,  ship,  case  of,  750,  750  i-v. 

Naval    Stores    (timber,    hemp,    pitch, 

tar,  turpentine)  ;    and  see  iron. 
,  Bristol  Co.,  lands  purchased 

by,  from  W.  Penn,  177  I. 
,  exports  from  the  Plantations, 

(Car.  S.),  787. 

, ,  (N.E.),  85,  330. 

, ,  (N.H.),  806 1,  810,  810  m. 

,  encouragement  of,  con- 
sidered, 193,  815. 
,  . . . . ,  to  the  Continent,  806  i, 

810,  810  m,  819. 
,    French     supplied     with,    by 

Danes,  628  i. 
,    pitch    and    tar,    bought    for 

Navyt    account    of,    requested, 

381. 
,     . . . . ,    quality    of,    Act    for 

maintaining,  699,  700,  738. 
,    . . . . ,    . . . . ,   complaints   con- 
cerning, 382,  416,  699. 
,    . . . . ,    instructions    to     Gov- 
ernors    for    maintaining,    382, 

416,  419. 
,    premium    on,    effect    of,    on 

Swedish  monopoly,  819. 
,   paid   for,    account    of, 

386  i. 
,  . . . . ,  . . . . ,  . . . . ,  request  for, 

381,  387. 
tar,  in  N.Y.,  failure  to  make, 

402. 
,    in    the    Plantations,    report 

upon,  by  Mr.  Gee,  819. 
, ,   ,  to  the  House  of 

Commons  ordered,  328,  328  i. 
»  timber,  duty  on,  remoyal  of, 

proposed,  330,  788. 
Navy,    H.M. ;     and    see    Admiralty ; 

Byng,    Sir   G.  ;     Burchett,    J.  ; 

Jamaica,  Naval  Squadron  at. 
»   . . . . ,  Burchett's  History  of, 

624,  624  i. 
,    Commanders   of  H.M. 

ships,  complaint  against,  566. 

,  trading  by,  566. 

»   action  brought  against 

by  pirate,  800. 


Navy,  H.M. — cont. 

,  . . . . ,  Commissioners  of,  letter 

from,  386. 

, , ,  letter  to,  381,  387. 

,    . . . . ,   convoy  for  plantation 

ships,  10,  54,  58,  78,  141,  144, 

271. 
,     . . . . ,    deserters,    harbouring 

of,     proclamation     prohibiting, 

Va.,  657,  657  m. 

,  . . . . ,  guardships  in  the  Planta- 
tions : —  (Bahamas),  737. 

,   ....,   ....,  Barbados,  471. 

,      . . . . ,      . . . . ,     letters     from 

Captains  of,  821. 
,  . . . . ,  . . . . ,  (Bermuda), request 

for,  551. 
, ,  (Car.),  request  for, 

556,  730,  787. 

,  . . . . ,  . . . . ,  (Jam.),  35. 

,   . . . . ,   . . . . , request  for 

increase,  54,  65  n,  681  HI. 
,  . . . . ,  . . .  . ,  . . .  . ,  manned  by 

soldiers,  78. 
,  . . . . ,   . . . . ,  Leeward  Islands, 

increase    of,    request    for,    134, 

298,  430,  431,  487,  557,  797. 
,    . . . . ,    . . . . ,  dispatched 

and  withdrawn,  442. 
,    ...'.,    . . . . ,    . . . . ,  victual  at 

Barbados,  691,  797. 
,    .  . .  . ,    .  . .  . ,    . . .  . ,  victualling 

station  in   L.I.  proposed,   691, 

797. 
,     . . . . ,     . . . . ,   (Nova    Scotia), 

352,  619. 
,  . . . . ,  . . . . ,  . . . . ,  request  for, 

351,  550,  619,  789. 

,  ...., (Va.),  657,  800. 

,    . . . . ,    . . .  . ,    control    of,    by 

Governors,   proposed,    54,    144, 

681  m,  737,  807. 
, ,  . . . . ,  refused 

by  Admiralty,  144. 
,   . . . . ,   . . . . ,  trading  by,  com- 
plaint concerning,  681  m. 
,   . . . . ,   . . . . ,   . . . . ,  orders  pro- 
hibiting, 688. 
,    pirates,    captured    by, 

742  ;    and  see  pirates. 
, expedition  against 

(Bahamas),      471  ;       and      see 

Rogers,  W. 
,   . . . . ,   . . . . ,  ships  ordered  for 

suppression  of,  64. 

,  . . . . ,  ships  : — See 

Adventure. 

Diamond. 

Dragon. 

Gloucester. 

Ludlow  Castle. 

Lyme. 

Milford. 

Newcastle. 

Pearl, 


GENERAL  INDEX. 


499 


Navy,  H.M.,  ships — cont. 
Phcenix. 
Rose. 
Eye. 

Scarborough. 
Seaford. 
Shark. 
Sheemess. 
Snow. 
Squirrel. 
Swift. 
Trial. 
Winchelsea. 

,  . . . . ,  victory  over  Spaniards, 

807. 

Nedham,  William,  Chief  Justice  and 
Speaker,  Jam.,  322,  681. 

, ,  dedimus  to,  324. 

,    . . . . ,    document    signed    by, 

681  m. 

,  . . . . ,  proposed  for  Council,  53. 

Negnomkey,  261. 
Negroes,  797  iv,  800. 

Angola,  660. 

,  Antigua,  495  I,  547. 

,  Barbados,  103  I. 

,  runaway,  to  Martinique, 

77,  753  i,  763,  767  I. 

,  tax  on,  742,  742  xm,  743. 

,  Bermuda,  danger  from,   551. 

Car.,  danger  from,  384. 

, ,  duty  on,  660. 

.,  runaway,  protected  by 

Spaniards,  423,  556. 

,   Crab  I.,   taken  prisoners  by 

Spaniards,  442. 

,  Jam.,  144  ;  and  see  Act  laying 

duty  on. 

,     exported    to    Spanish 

West  Indies,  account  of,  206  n. 

,   . . . . ,  imports  of,  account  of, 

566. 

,    . . . . ,  need  of,   for  planting, 

196. 

,  . . . . ,  price  of,  196. 

,  . . . . ,  raised  by  Asiento 

trade,  196. 

,  tax  upon,  exported.   See 

Jamaica,  Act  laying  duty  on. 

,     . . . . ,    punishment    of,    Act 

concerning,  300. 

,    Leeward    Islands,    runaway, 

298  x. 

,   Nevis.      See   Nevis,   Act  for 

good  government  of. 

,  "peiced  India,"   196. 

"refuse,"  196. 

,   runaway,   harboured,   at   St. 

Thomas,  628  I. 

, ,  at  Martinique,  77, 

753  i,  763,  767  I. 

,  . . . . ,  . . . . ,  at  St.  Augustine, 

423,  556. 

, ,  L.I.,  298  x. 

,  St,  Kitts,  325,  510, 


Negroes,  St.  Kitts — cont. 

,  . . . . ,  taxation  of,  48. 

,  trade  in,  between  Dutch  and 

L.I.,  692. 
,    in    Virgin    Islands,    298    iv, 

VI,  vin,  ix,  442. 
Neguamkett  (Neaguamer),  261. 
Negwassag,  R.,  261. 
Neptune,   ship,   captured   by   pirates, 

737. 
,     seized    by    Spaniards, 

692,  692  vi-vm. 
Nevins,  Robert,  document  signed  by, 

603  i. 
NEVIS  ;    and  see  Hamilton,  W. ;    and 

Leeward  Islands. 
,   Act,  for   the  good  government 

of  negroes,  461. 
,    .  .  . . ,    confirmation  of, 

585. 
,     . . . . ,     . .  . . ,     recommended, 

481,  540,  570  i  (a). 

,  . . . . ,  .  . . . ,  referred,  461. 

,   .  .  .  . ,   .  .  .  . ,  report  upon,  472. 

,     . . .  . ,     .  .  .  . ,    Governor's    re- 
marks upon,  required,  487. 
,  for  laying  a  duty  upon 

French  sugars,  rum  and  molasses 

imported,  461. 
,    ,   confirmation  of, 

request  for,  481. 

,     . . .  . ,     . .  .  . ,    Governor's    re- 
marks upon,  required,  487. 

,  . .  .  . ,  . .  . . ,  referred,  461. 

,  .  .  .  . ,  . .  .  . ,  report  upon,  472. 

,  . . . . ,  . . .  . ,  to  lie  probationary, 

570  i  (a). 
,  . . .  . ,  to  settle  estate  of  Thomas 

Herbert,  objection  to,  570  i  (a). 

,  Acts  of,  collection  of,  171. 

,  Agent  of.    See  Jory,  Joseph. 

,  Assembly  of,  692. 

,  .  . .  . ,  Journals  of,  transmission 

of,  required,  736,  736  in. 
,       Speaker      of.      See 

Pemberton,  Roger. 

Council,  692. 

,  Minutes  of,  transmission 

of,  required,  736,  736  n. 

President  of,  624  i. 

,  Council  and  Assembly,  Address 

by,     in     favour     of     Governor 

Hamilton,  438,  439. 

,  Councillors,  797. 

,    . . .  . ,    persons   proposed   for, 

797. 

dodan,  102  n,  230. 

Governor  of.     See  Hamilton, 

W. 

, ,  visit  to,  40,  298. 

,   inhabitants  of,  migration  to 

Crab  Island,  40. 

,  invasion  of,  by  French,  40. 

,    . .  .  . ,    . . .  . ,    capitulation    of, 

230, 


500 


GENERAL  INDEX. 


Nevis,  invasion  of,  by  French — cont. 

, ,  fulfilment  of,  de- 
manded, 102  i,  n. 

,....,    .  . . . ,   infringement   of, 

alleged,  230. 

......  . . . . ,  reference  of, 

to  Commissaries  under  Treaty, 
proposed,  230. 

,....,....,  ....,roferred,  102. 

|    . .  .  . ,    . .  . . ,    . .  . . ,   terms   of, 

102  n. 

f  . .  .  . ,  hostages  at  Martinique, 

102  n. 

t  . . . . ,  . . .  . ,  neglect  of,  alleged, 

102  n. 

5  . . .  . ,  . .  . . ,  report  upon,  230. 

9  . .  . . ,  ...'.,  survivor  of,  230. 

,     . . .  . ,     .  . .  . ,    subsistence    of, 

payments  for,  accounts  of,  230. 

,  . . . . , release  of,  applica- 
tion for,  proposed,  230. 

t  .  .  .  . ,  sufferers  from,  deben- 
tures for,  application  to  Parlia- 
ment concerning,  762. 

,  Lt.  Governor  of.     See  Smith, 

Daniel. 

,    Lt.    Governor,    Council    and 

Assembly,  address  of,  230. 

,    negroes.      See   Act  for   good 

government  of. 

,    planters,    proposals    by,    for 

purchase  of  plantations  in  St. 
Kitts,  31,  36. 

,     records     of,     destroyed     by 

French,  230. 

,  succour  for   St.    Kitts    from, 

45. 

Newcastle,  Duke  of.  See  Pelham- 
Holles. 

Newcastle,  H.M.S.,  164  i. 

NEW  ENGLAND  ;  and  see  Mass.  Bay  ; 
New  Hampshire. 

,  exports  from,  245,  620. 

,  fishery,  competition  of,  feared, 

626  i. 

,     . . . . ,    development    of,    by 

fishermen  brought  from  New- 
foundland, 798  ;  and  see  New- 
foundland ;  Nova  Scotia ; 
N.E.,  sturgeon. 

Governor  of,  to  be  entrusted 

with  care  of  H.M.  Woods, 
proposal  for,  592  ;  and  see 
Shute,  Samuel. 

,  Governors,    native-born,  and 

H.M.  Woods,  283. 

,  imports  and  exports,  account 

of,  required,  245. 

,     imports    of    foreign    goods, 

return  of,  418. 

lands    between,    and    Nova 

Scotia.  See  Nova  Scotia ; 
Mass.,  Maine. 

logwood  trade,  104  i. 

,  Pemaquid,  177  I, 


New  England — cont. 

,  pirates,  depredations  of,  551  n, 

797  n. 

,  rum,  quality  of,  164. 

ship     captured    by    pirates, 

551  n. 
,    sturgeon,    patent    for.       See 

Sturgeon. 
,    trade,    competition    of,    with 

Great     Britain,     objection     to, 

543,  550. 

,  trade,  with  Danes,  620  i. 

,      with      France,     620, 

621. 

,   .  .  .  . ,  with  Jamaica,  196. 

,    .  . . . ,    Newfoundland,    objec- 
tions to,  550. 
,  .  . . . ,  illegal,  with  Nova  Scotia, 

351  n. 

,    wool   and   woollen   manufac- 
tures, enquiry  concerning,  418. 
,    ....,   remedy  for,   proposed, 

620. 
NEWFOUNDLAND,    Act,    to    encourage 

trade  to,  550,  798. 
,  .  .  .  . ,  .  .  .  . ,  not  observed,  1 15, 

626  i. 
,  .  .  .  . ,  to  remedy  abuses  in  trade 

of,    draft    of,    submitted,    798, 

808,  808  i. 

,  Bay  of  Fortune,  626  i. 

,  Cape  Bonavista,  626,  751,  798. 

,  Cape  Race,  798. 

,  Charter  of,  now,  798. 

, ,  "Western,"  798. 

,     drunkenness,     prevalent    in, 

115,   164,  626  i,  751,   798. 
Fishery,     abuses      in,      115, 

751. 
,     .  . . . ,     .  . .  . ,     remedies     for, 

proposed,    115,    751  ;     and   see 

Act  to  remedy  etc. 
,  .  .  .  . ,  .  .  .  . ,  report  upon,  626  i, 

798. 
, ,  account  of,  440,  626  n, 

751  m. 
,     .  . .  . ,    Act    regulating,    550  ; 

and  see  Act  to  encourage  trade 

to  ;    Act  to  remedy  abuses  etc. 
,  . . . . ,  Convoy,  Commodore  of. 

See  Passenger,  W.  ;    Scott,  T. 
,   . . . . ,   . . . . ,   . . . . ,  appeals  to, 

626  i,  808  i. 
,  .  .  . . ,  .  .  .  . ,  . .  .  . ,  . .  .  . ,  report 

by,    115,    164,    626,    626    i,    n, 

751. 
,  .  .  . . ,  . . . . ,  Instructions 

and  Heads  of  Enquiry  for,  414, 

414  i,  n,  527. 
,  . . . . ,  decay  of,  causes  of,  751, 

798. 

,    .  . . . ,    fish,    curing    of,    com- 
plaints concerning,  798. 
,    . .  .  . ,    . .  .  . ,  prices  of,   626  i, 

798, 


GENERAL  INDEX. 


501 


Newfoundland,  Fishery — cont. 

,   Fishing*  Admirals,  527. 

, ,  abuses  by,  626  i, 

751,  798. 
,     . . .  . ,     . . . . ,     authority     of, 

objection  to,  392  i. 
, ,  complaints  against, 

798  ;  and  see  Weston  ;  Cleeves  ; 

Tulon. 
. . . . ,     . . . . ,    regulation    of, 

808  i. 

• . ,  fleet,  sailing  of,  758  i. 

,  French  at  Petit  Nore, 

etc.,  626  i,  751. 
,   . . . . ,   boats  of,  ordered 

to  be  destroyed,  751. 
,     ,    at     Placentia, 

798. 
,     ,     at    St.    Peters, 

542  (g),  626  i. 
,     garrison's    share    in, 

denied,  626  i. 

, . ,   forbidden,  550. 

,    . . . . ,  growth  and  decay  of, 

751,  798. 
,    . . . . ,    . . . . ,    causes    of,   751, 

798. 

, Hakluyt  quoted,  798. 

,   ....,  harbours,  626. 

, history  of,  report  upon, 

by  Council  of  Trade,  798. 

,   . . . . ,  importance  of,  798. 

,   . . . . ,  New  Englanders,  Com- 
modore's   order    to    sail    with 

convoy,  164  i,  414  n,  751  11. 
,    . . . . ,    . . . . ,    . . . . ,  disobeyed, 

164. 
,  . . . . ,  . . . . ,  . . . . ,  punishment 

of,  demanded,  164. 
,    competition   of, 

feared,  507,  626  i. 

,  . . . . ,  . . . . ,  exclusion  of,  pro- 
posed, 507. 

,  . . . . ,  . . . . ,  resident,  164. 

,    '....,  rum  supplied  to 

fishermen    by,    115,    164,    751, 

798. 
,   . . . . ,  . . . . ,   . . . . ,  prohibition 

of,  proposed,  115. 
, seamen  debauched 

and  carried  off   by,    115,    164, 

414,  414  n,  626  i,  751,  798. 
,    . . . . ,    . . . . ,    bonds   to 

prevent,    required    from,     115, 

751,  751  I,  n,  808  I. 
,     . . . . ,     prosecution    of, 

urged,  115. 
,    . . . . ,    . . . . ,   instructions   for 

preventing,  414  n. 
, >  trade,  illegal,  by, 

751. 
,     . . . . ,     orders     confining     to 

British  subjects,  proposed,  527. 
at  Placentia,  798  ;     and 

see  below,  Placentia. 


Newfoundland,  Fishery — cont. 

,    ....,   prohibition   of   sale   of 

alcoholic   liquors   in,   effect   of, 

798. 
,    . . . . ,    proposed,    115, 

808  I. 
,  .  . .  . ,  prosperity  of,  dependent 

on  fishing  ships,  alleged,  798. 
,  .  . . . ,  regulation  of,  798  ;   and 

see  Acts. 
,   .  . . .,  reports  upon,  115,  164, 

612,  626,  626  i,  n,  751,  798. 
,   St.  Peters.     See  below, 

St.  Peters. 

,  . . . . ,  sailings  for,  626  i. 

,   . .  . .,  salmon,  751. 

,  . . . .,  seal,  751. 

,     .  . .  . ,    seamen,    number    of, 

employed    in,     798  ;     and    see 

New  Englanders  :    wages. 
,    .  .  . . ,  ships,  number  of,  em- 
ployed in,  798. 
,    . . . . ,    Tulon,    case   of.      See 

Tulon,  G. 

, ,  wages,  626  i,  751. 

,     . .  .  .  j    . .  .  . ,    regulation    pro- 
posed, 808  i. 
,  .  .  .  . ,  .  .  .  . ,  share  of  proceeds, 

good  results  of,  798. 
,    Western    Adventurers, 

798. 
,-  French   inhabitants,   oatli   of 

allegiance,  taken  by,  64,  527. 
,     .  .  . . ,     .  .  .  . ,    not    taken    by, 

626  i. 
,    ,  fish  of,  seized,   626  i ; 

and  see  below,   Placentia ;     St. 

Peters. 

,  Governor  of,  798. 

,    . . . . ,   resident,   needed,    115, 

626  i,  751,  798. 

,     instructions    to,    pro- 
posed,  527. 

,  .  . .  . , objection  to,  798. 

,  grant  of,  by  James  I,  798. 

, by  Charles  I,  798. 

,  imports,  accounts  of,  798. 

,     inhabitants,     character     of, 

626  i,  798. 
,     . . . . ,    debauched    by    New 

Englanders,  798. 

,  forbidden  to  settle,  798. 

,     number    of,     626     n, 

751  m. 
,  .  . .  . ,  question  of  encouraging, 

507. 
,  . . . . ,  removal  to  Nova  Scotia 

or    W.I.,    recommended,     550, 

798. 

,  Justices  in  absence  of  Com- 
modore, lack  of  fit  men,  115. 
,    Kirke,    Sir  David,   grant   of, 

798. 
,  Lt.  Governor  of.    See  Purcell, 

Martin. 


502 


GENERAL  INDEX. 


Newfoundland — cont. 

,  Petty  Harbour,  Governor  of, 

charge  against,  626  I. 
,  pirates,  commissions  for  try- 
ing, 405  ;    and  see  Plantations, 

Governors  of. 

,  Placentia,  626. 

, ,  fishing  stages  engrossed 

at,  complaint  concerning,  798. 
.......    .  . .  . ,  barracks  and  fortifica- 
tions,    repair     of,     order     and 

material  for,  507,  550,  645. 
, ,  report  upon,  550, 

612,  612  i. 
,    . . . . ,   French  settlement  at, 

798. 
,     garrison     of,     Judge 

Advocate.  See      Charnock, 

Charles. 

,  . . . . ,  . . . . ,  condition  of,  392  I. 

,  . . .  . ,  reduction  of,  507. 

, , , further,  507. 

,     . . . . ,     . . . . ,    provision    for, 

urgent,  507. 

,  .  .^ ,  report  upon,  550. 

,    . . . . ,    .  . . . ,  share  in  fishery, 

denied,  626  i. 
,    . . . . ,    . . . . ,    . . . . ,  forbidden, 

550. 
,     . . . . ,     Governor    of.         See 

Philips,  Richard. 
,  Lt.  Governor  of.     See 

Purcel,  Martin. 
,  . . . . ,  Col.  Moody's  proceedings 

at,  1714,  542  (h-j). 
,  . . . . ,  . . . . ,  report  upon,  285, 

550. 
,  provisions,  from  Great  Britain, 

626  i. 

, ,  Ireland,  626  i. 

, from  N.E.,  626  i. 

,    Purchase's   Pilgrim,    quoted, 

798. 
,  reports,  representation  upon, 

115,    164,   612,   626,   626  i,   n, 

751,  798. 

, ,  . . . .,  referred,  604,  605. 

,  St.  Johns,  626  i,  751. 

,  fort  built  at,  798. 

,  St.  Peters  I.,  French  at,  542 

(9),  626  i. 
,  inhabitants  of,  oaths  of 

allegiance  taken  by,  64,  527. 
»     Sabbath,     drunkenness     on, 

626  i. 
»    . . . . ,   observance   of,    to   be 

enforced,  808  i. 

»    settlements    in,    discourage- 
ment of,  proposed,  507,  550. 

»  Southmead,  Arnold,  164. 

survey  of,  503. 

»    •  •  •  • ,   completion   of,   urged, 

546  ;    and  see  Taverner,  Capt. 

,  trade,  fur,  751. 

» ,  illegal,  626  i. 


Newfoundland,  trade,  illegal — cont. 
,    . . . . ,    by    New    Eng- 

landers  and  Fishing  Admirals, 

626  i,  751. 

,  . . . . ,  . . . . ,  report  upon,  626  i. 

, ,  seal,  751. 

,  with  Great  Britain,  626  i. 

, ,  with  France,  798. 

,    with  Italy,  626  i,  751, 

758  i,  798. 

, ,  with  L.I.,  798. 

,     with    New    England, 

objections  to,  550. 
,     . . . . ,     . . . . ,    prohibition    of, 

proposed,  626  i. 
,    ,   with   Portugal,    626   i, 

798. 

, with  Spain,  626  i,  798. 

, ,  with  West  Indies,  626  i. 

,  Trepassy,  guardship  for,  394. 

NEW     HAMPSHIRE  ;      and    see     New 

England. 
,     Act,    against    high    treason, 

repeal  of,  627,  674. 

,  . . . . ,  . . . . ,  report  upon,  615. 

,    . . . . ,  for  making   lands  and 

tenements  liable  to  the  payment 

of  debts,  objections  to,  607. 
,    . . . . ,  for  the  relief  of  idiots, 

objections  to,  615. 

,  . . . . ,  . . . . ,  referred,  599. 

,  . . . . ,  . . . . ,  report  upon,  615, 

627. 

, , ,  repeal  of,  627,  674. 

,  . . . . ,  providing  for  posthumous 

children,  referred,  599. 

, , ,  repeal  of,  627,  674. 

,  . . . . ,  report  upon,  615, 

627. 
,     Acts     affecting     trade     and 

shipping  of  Great  Britain  only 

to   be  passed  with  suspensory 

clause,  90  i,  111,  142. 

,  Agent  for.   See  Dummer,  Jer. 

,  . . . . ,  Commission  of,  required, 

771. 
,  Allen's  title  to,  surrender  of, 

proposed,  810  i. 
,    coins,    currency    in,    paper, 

depreciation  of,  193. 
,  Council  and  Assembly,   Min- 
utes of,  458  II. 

Councillors,  death  of,  283. 

,    . . . . ,    persons   recommended 

for,  429,  700. 

,  . . . . ,  vacancies  for,  283. 

,   Customs,   Collector   of.      See 

Armstrong,  Robert. 

Exeter,  283. 

exports,  accounts  of,  193,  700. 

,  forts,  repair  of,  needed,   193. 

,  French  advance,  not  threaten- 
ing, 700. 
, ,  at  Cape  Breton,  danger 

from,  700. 


GENERAL  INDEX. 


503 


New  Hampshire — cont. 

Governor  of.  See  Shute, 

Samuel. 

, ,  salary  of,  700. 

imports,  accounts  of,  700, 

810  ii. 

,  . . . . ,  excess  over  exports,  193. 

,  Indians,  Eastern,  treaty  with, 

193. 

,  . . . . ,  war  with,  cost  of,  193. 

,  inhabitants  capable  of  bearing 

arms,  193. 

,  . . . . ,  increase  of,  method  pro- 
posed for,  193. 

,  labour  in,  scarcity  of,  193. 

lands  in,  grants  of,  method 

of,  700. 

Lt.  Governor  of.  See  Went- 

worth,  John  ;  Vaughan,  George. 

, ,  salary  of,  700. 

,  . . . . ,  Council  and  Assembly, 

complaint  by,  against  Mr. 
Bridger,  428. 

,  lumber,  duty  to  be  taken  off, 

proposal  for,  193. 

,  exported,  account  of,  796. 

,  Maine,  annexation  of,  pro- 
posed, 616. 

,  Militia,  list  of,  575,  575  in. 

,  Mines,  royalties  on,  700. 

,  naval  stores,  encouragement 

of,  recommended,  193. 

,  . . . . ,  supplied  to  Spain  by, 

806  i,  810,  810  m. 

,  pirates,  commissions  for  try- 
ing, 405  ;  and  see  Plantations, 
Governors  of. 

,  . . . . ,  ship  taken  by,  797  iv. 

,  powder,  account,  700,  700  vin. 

,  proclamation  in,  193. 

,  purchase  of,  by  Crown,  pro- 
posed, 810  i. 

,  quit-rents,  not  reserved,  700. 

,  Revenue,  accounts  of,  193, 

700,  700  v,  vi. 

,  . . . . ,  v . . . ,  auditing  of,  193. 

,  . . . . ,  . . . . ,  required,  419. 

,  seal,  new,  for,  127. 

, ,  warrant  for  using, 

127,  135,  142. 

,  smuggling  in,  repressed,  307. 

,  stores  of  war  in,  account  of, 

193,  193  in. 

,  trade  of,  810  n. 

,  trade,  with  Barbados,  796. 

,  . . . . ,  Leeward  Islands,  796. 

,  . . . . ,  French,  proclamation 

prohibiting,  193. 

,  . . . . ,  with  Madeira  and  West- 
ern Islands,  return  of,  required, 
419. 

, with  Portugal,  accounts 

of,  810,  810  n. 

, ,  objection  to,  796, 

810. 


New  Hampshire,  trade — cont. 

,    ,  with  Spain,  complaint 

concerning,    796,    806    T,    810, 

810  m. 
Treasurer  of.    See  Penhallow, 

Samuel. 
,    woods    in,    charges    against 

Mr.    Bridger    concerning,    428, 

458  n. 
,  title  of  Crown,  enquiry 

concerning,  711,  726. 

, ,  denied,  283. 

, ,  waste  of,  672,  735,  812. 

,     . . . . ,     . . . . ,     promoted    by 

Lt.  Gov.  Vaughan,  283. 
NEW     JERSEY,     Act,     allowing      the 

solemn    affirmation    of    Quakers 

etc.,  confirmed,  378,  454. 
,    . . . . ,    . . . . ,  petition  against, 

445  I. 
,     referred,     445, 

558. 
,     . . .  . ,     .  . .  . ,    signatories    to, 

criticised,  445  n. 

,   .  . . . ,   .  .  . . ,  referred,  253. 

,  . .  . . ,   .  . . . ,  report  upon,  267, 

326,  344,  558. 
,  . . . . ,  for  ascertaining  place  of 

sitting  of  Assembly,  Act  repeal- 
ing, confirmed,  378,  454. 

, ,  referred,  243. 

,  .  . . . ,  .  . . . ,  report  upon,  248, 

254,  344. 
,    . . . . ,  for  enforcing  ordinance 

for    establishing  fees,    referj-ed, 

764. 
,  . . . . ,  . . . . ,  report  upon,  253, 

267,  786. 
,   protest  against, 

284. 
,  . . . . ,  . . .  . ,  promise  to  repeal, 

not  fulfilled,  284. 
,    . . . . ,  to  lay  a  duty  on  wheat 

exported     out     of    the     Eastern 

division,  referred,  253. 

, ,  report  upon,  267. 

,      . . . . ,     to     naturalize     Jacob 

Arents,  referred,  785. 
,  for  recording  deeds  etc., 

referred,  764. 

,  . . .  . ,  . . . . ,  report  upon,  786. 

,    . .  . . ,  for   shortening    of   law 

suits,  referred,  764. 

, report  upon,  786. 

,    Act    of    Parliament    opposed 

by,  373  in,  iv. 
,     Acts,     affecting     trade    and 

shipping  of  Great  Britain,  not 

to     be     passed     without     sus- 
pensory clause,  90  i,  111,  142. 

,  book  of,  253. 

,     . . . . ,    passed    by    Lt.    Gov. 

Ingoldsby,  question  of  validity 

of,  344,  600. 
,  Agent  for,  need  of,  344,  634. 


504 


GENERAL  INDEX. 


New  Jersey — cont. 

,     Assembly,     Address    of,     to 

Governor,  520  in. 

, ,  adjourned,  738. 

, ,  dissolved,  284. 

,   .  .  .  . ,  Governor's  message  to, 

520  i. 

, , ,  speech  to,  520  n. 

,  . . . . ,  Journal  of,  739. 

f    .  .  .  . ,  meeting  of,    194  ;    and 

see  Act  to  ascertain  place  of. 
,....,  patent  offices,  objection 

to,  284. 
promise  to  repeal  Act 

reducing    Secretary's    fees,    not 

kept  by,  284. 

t  .  .  .  . ,  prorogued,  520,  520  in. 

,    revenue   promised   by, 

520. 
,    .  .  .  . ,  warrants  for  members 

to  attend,  373  iv. 

Auditor  wanting,  650. 

,    boundary,    with    N.Y.,    516, 

518. 

,  Cape  May,  Minister  at,  373  u. 

,  condition  of,  quiet,  223,  520, 

738. 

,  Council  of,  Minutes  of,  739. 

,  Councillors  of,    12,    194,   629, 

739. 
,  .  . . . ,  alteration  in,  requested, 

613. 
,     . .  .  . ,    appointed,    234,    344, 

346-348,  520,  601. 

,    .  . .  . ,    appointment    of,    con- 
fusion in,  634. 

,  death  of,  112,  194. 

,    .  . .  . ,  leave  of  absence  to  be 

notified    to    Board    of    Trade, 

634. 
,    . . . . ,    persons    recommended 

for,  112,  194,  219,  597,  601,  739. 
,   . . .  . ,  removal  of,  good  effect 

of,  568. 
,    . .  . . ,  resident  in  New  York, 

194. 
,    . . . . ,  warrants  for,  fees  for, 

344. 

,  Cox  and  party,  317. 

,  . . . . ,  complaints  against,  194, 

373,  375,  376. 
,     . .  . . ,    letters,    seditious,    of, 

373,  373  i-iv. 
,     ....-,     . . . . ,     . . . . ,    referred, 

375,  376. 
,   . . . . ,  petition  of,  hearing  of, 

account  of,  373  in. 

,  . . . . ,  . . . . ,  referred,  373  in. 

,    . . . . ,   seditious   practices   of, 

194,  373. 
,  . . . . ,  . . . . ,  measures  to  check, 

urged,   194. 

fees  in.    See  Act  concerning. 

,    Governor    of.       See    Hunter, 

Robert. 


New  Jersey  —  cont. 

......  ,    inhabitants    and    traders    of, 

petition     of,     against     Quaker 

Act,  445  i. 
...........  ,    .  .  .  .  ,   criticism  of  sig- 

natories to,  445  ii. 
......  ,    .  .  .  .  ,    .  .  .  .  ,  referred,  445. 

......  ,  .  .  .  .  ,  .  .  .  .  ,  reply  to,  approved, 

344. 
......  ,   Naval   Officers,   accounts   of, 

600. 
......  ,    Patent    Offices   in,    objection 

to,  284. 
......  ,  Perth  Amboy,  373  iv. 

......  ,  pirates,  commissions  for  try- 

ing, 405  ;    and  see  Plantations, 

Governors  of. 
......  ,  Quakers  in,  101,  194,  373  in  ; 

and  see  Act  allowing  affirmation 


,  Receiver  General.  See  Gordon, 

Thomas. 

,  Revenue,  accounts  of,  650,  651. 

,   .  .  .  .  ,  method  of,  650. 

,  .  .  .  .  ,  settlement  of,  promised, 

520. 

,  seal,  new,  for,  127,  601,  613. 

,  .  .  .  .  ,  .  .  .  .  ,  warrant  for  using, 

127,  135,  142. 

,    Secretary    of.        See    Smith, 

James  ;    Basse,  Jeremiah. 

,    .  .  ;  .  ,  fees  of.     See  Act  con- 


cerning. 
......  ,  taxes,  refusal  to  pay,  373  IT. 

......  ,     trade     with     Madeira     and 

Western   Islands,    accounts   of, 

600. 
......  ,    trade    and    shipping.        See 

Acts  affecting. 
......  ,  West,  Quakers  in,  101. 

......  ,     West,     union     with     Penn- 

sylvania proposed,  101. 
NEW  YORK. 
......  ,      Act,      to      enable      William 

Anderson  to  sell  a   lot  of  land 

in  Queen  Street,  confirmed,  172. 
......  ,  .  .  .  .  ,   .  .  .  .  ,  referred,  -71. 

......  ,    .  .  .  .  ,    .....  report  upon,  95, 

161. 
......  ,    .  .  .  .  ,  for  granting   a   supply 

to  H.M.    See  Act,  Revenue. 
......  ,  .  .  .  .  ,  laying  duty  on  dry  goods 

imported  from  Europe,   recom- 

mended by  Gov.  Hunter,  738. 
......  ,    .  .  .  .  ,  laying  duty  on  negroes 

imported,  defence  of,  600,  602. 
......  ,  .  .  .  .  ,  for  levying  several  duties 

(1714),  referred,   199. 
......  ,  .  .  .  .  ,  .....  report  upon,  292. 

......  ,  .  .  .  .  ,  for  naturalization,  alter- 

ations   in,    draft    of,    required, 

401,  708. 
......  ,    .  .  .  .  ,    .  .  .  .  ,   confirmation  of, 

requested,  385. 
......  ,   .  .  .  .  ,   .  .  .  .  ,  report  upon,  294. 


GENERAL  INDEX. 


505 


New  York,  Act- — cont. 

> ,  . . .  . ,  to  oblige  all  vessels  to  pay 

duty,  complaint  concerning,  402, 

662,  676. 
,     .  .  .  . ,     Act    amending, 

proposed,  402,  676. 
,    . . .  . ,   .  .  . . ,  enquiry  concern- 
ing, 402  i. 
,    petition  against, 

662. 

, ,  referred,  199. 

,   .  . . . ,  report  upon,  292. 

,  . . .  . ,  for  payment  of  remainder 

of  public  debts,  194,  578  i. 
, ,  copy  of,  required, 

528. 
,    .  .  .  . ,     .  .  .  . ,    defence    of,    by 

Governor     Hunter,     236,     317, 

724  i,  738. 
,  .  .  . . ,  .  .  .  . ,  Address  of  Grand 

Jury  against,  516,  516  I. 
, ,  proceedings  upon, 

516,  516  i. 
,    ,   reply     to,     738, 

738  i,  iv,  v. 
,  .  .  .  . ,  .  . .  . ,  objections  to,  236, 

500,  516,  516  i,  517,  518,  663, 

663  i,  738,  738  n. 
,     ,    signatures    to, 

how  obtained,  738  n. 
,    .  . .  . ,    .  .  .  . ,    .  .  .  . ,    reply    to, 

518,  519,  663,  738,  738  i,  v. 
,  . .  .  . ,  .  .  .  . ,  .  . .  . ,  reasons  for, 

236. 
,    .  . .  . ,    .  .  .  . ,   observations   by 

Governor  on,  required,  500. 
,     . . . . ,     . . . . ,    opposition    to, 

194,  650,  721  i. 
,    . . .  . ,    .  .  .  . ,     .  . .  . ,    character 

of,  236,  738,  738  I,  n,  v. 
,   . . . . ,   . . . . ,    petition,  caveat, 

against,  492,  499  i,  516. 
,    ,    ,    ,   reply   to, 

awaited,  6j33. 
,     proceedings    of 

Assembly      on,      printing      of, 

omitted,  499  i. 
,    referred,     499, 

577. 
,   . . . . ,  repeal  of,  money 

sent  home  to  procure,  724  i. 
,     report     upon, 

663. 

,  . . . . ,  . . . . ,  petition  for,  707. 

,     . . . . ,   for    preventing    multi- 
plicity of  lawsuits,  confirmation 

of,  377. 

,     .  . . . ,     . . . . ,     recom- 
mended, 293,  333. 
Revenue,  Act  amending, 

402,  676,  718. 
,   . . . . ,   . . . . ,  defence   of,    718, 

718  i. 

,    ,  enquiry  concern- 
ing, 402  i. 


New  York,  Act,  Revenue — cont. 
,  .  . . . ,  . .  .  . ,  objections  to,  402, 

662,  675,  876. 
,    . . . . ,    . . . . ,   reply   to, 

600,  602. 

, , ,  referred,  199. 

,  . . .  . ,  .  . . . ,  report  upon,  292. 

,    . . . . ,  for  the  better  settlement 

of  lands,  referred,  374. 

,   . . .  . ,   . .  .  . ,  report  upon,  436. 

,     .  . . . ,     . . . . ,    new,    proposed, 

500. 
,    .  .  .  . ,  for  shortening  lawsuits, 

repeal  of,  acceptable,  600. 
,    . . . . ,    . . . . ,    proposed, 

709. 
,     . .  .  . ,     .  . . . ,    objections    to, 

293,  402. 
,    . . . . ,    . . . . ,    new,    proposed, 

402. 
,  . . . . ,  . . . . ,  report  upon,  293, 

709. 
,    Acts,     317,     317    xm,    518, 

518  i,  554,  633. 
,     affecting    trade    and 

shipping  of  Great  Britain,  only 

to   be   passed   with  suspensory 

clause,  90  i,  111,  142,  600. 
,    . . . . ,    . . . . ,  defence  of,   600, 

602. 
,  . . .  . ,  Governor's  comments  on, 

required,  402. 
,    .  .  .  . ,  for  payment  of  public 

debts,  and  issue  of  money  bills, 

opposition  to,  650. 
,    ,   printing   of,    199,    715, 

728,  734. 

,    . . ,  . ,  transmission  of,  739. 

, , ,  delayed,  675. 

,     Agent     of,     738  ;      and     see 

Philips,  A. 
,     . . . . ,  complaint    concerning, 

603,  603  i,  n. 
, salary  of,  provision  for, 

518. 
aid    for    Bahamas    solicited, 

737. 
,      Albany,      conference      with 

Indians  at,  675. 
Assembly   of,    317    xii,    406, 

554. 
,    accounts    of    revenue 

approved  by,  126. 
,    Address  by,    126,   317, 

317  xi,  376,  603  m,  738  iv-vi, 

718,  718  i,  738  iv-vi. 

,   . . . . ,  adjourned,  600. 

Clerk  of.     See  Ludlow, 

Gabriel. 

,   .  . . . ,  disposition  of,  (500. 

,  .  .  .  . ,  Grand  Jury  reprimanded 

by,  for  Address,  650. 
, Journal  of,  603  in,  738, 

739. 
,  . . . . ,  extract  from,  112. 


506                                  GENERAL  INDEX. 

New  York,  Assembly  of— cont.  New  York,  Councillors — con*. 

, ,  meeting  of,  194,  675.  ,    dismissal  of,  effect  of, 

,     . . . . ,    proceedings    of,     not  568,  588. 

printed,  499  i,  516,  738  i,  n.  ,     dormant    commission 

,    reply    to    complaints  for,     proposed     by     Governor 

against  Governor  etc.,  1 12,  1 12  i,  Hunter,  228. 

317,  317  xi.  , leave  of  absence  to  be 

,    ,  representation  in,  un-  notified    to    Board    of    Trade, 

equal,     complaint     concerning,  633,  634. 

603,  603  i,  n.  >, ,   persons   recommended 

,...., ,  reply  to,  603  i.  for,  112,  227,  402. 

,   ,  Speaker  of,  516  ;    and         , ,  supernumerary,  required 

see  Nicoll,  W.  ;    Livingston,  R.  by  Hunter,  112. 

, ,  taxation  by,  126.  ,  Court  of  Chancery,  complaint 

,    Attorney    General,    603    in  ;  against  powers  of,  603,  603  i,  n. 

and  see  Jamison,  David.  ,  . . . . ,  . . . . ,  reply  to,  603  in. 

, ,  report  by,  317,  317  xiv , ,  quit-rents  recovered  in, 

Auditor,  Deputy.   See  Clarke.  317. 

,  boundary  line,  N.J.,  provision         ,    Courts,    juries    unwilling    to 

for  running,  516,  518.  find  for  Crown,  317. 

,  Chief  Justice,  order  by,  49.  ,     . . . . ,    credit    of,    improved, 

,  coins  and  currency,  Act  ascer-  650,    738  ;     and  see   coins   and 

taining  rates  of  foreign,  observ-  currency. 

ance  of,  required,  402.  ,     Custom    House,    repair    of, 

,  . . . . , Proclamation  for,  provision  for,  518. 

small  effect  of,  600.  ,  duties  on  English  ships,  com- 

,    ,    ,  petition  against,  plaint  concerning,  662,  676. 

650,  650  in.  ,   Excise,   anticipation   of,    ob- 

,  . . . . ,  . . . . ,  rate  of,  600.  jection  to,  516. 

,  . . . . ,  paper,  issue  of,  Act  for,         ,  . . . . ,  . . . . ,  . . . . ,  reply  to,  518. 

99  ;  and  see  Act  for  payment  of        ,  exports,  account  of,  236,  554. 

debts.  ,  forts,  bill  drawn  for  building 

,     . . . . ,     . . . . ,    objections    to,  of,  not  paid,  402. 

317,    516,     516    i,     650,     663,         , ,  accounts    for,   required, 

663  i.  402. 
,    . . . . ,    ,   reply   to,         ,    frontiers   and   garrisons,   ex- 

317,  518,  519,  650.  tension  of,  advocated  by  Gov. 

, Agent  for,  650.  Hunter,  600. 

,    . . . . ,    . . . . ,   effect  of,   good,         ,   Government   of,   support  of, 

on  trade,  317,  650.  payments    for.       See    Act  for 
,    ,    credit    of,    236,  payment  of  public  debts. 

650,  663,  724  i,  738.  ,    Governor   of.      See   Hunter, 

, silver,  600,  650,  650  in.  Robert ;        Cornbury,       Lord  ; 

,  condition  of,  quiet,  223,  603.  Bellomont,  Lgrd. 

,  Council  of,  126.  ,  Governor  and  Council,  mem- 

,   Minutes   of,    317,    317  orial  by,  738  i. 

xii,    518,    554,    603    m,    633 , ,  order  by  (1682),  177  i. 

724  n,  738,  738  iv,  739.  Governor,       Council       and 

»    objections   in,    to   bill  Assembly  of,  Address  of,  against 

for    paying   public    debts    etc.,  Act  ascertaining  rates  of  coins 

236.  etc.,  650,  650  m. 

,  order  by,  603.  payments  to,  v.  Act  for 

»    ,    quorum,    difficulty    of  paying  debts  etc. 

obtaining,  112.  ,     Grand     Jury,     address     of, 

*      Council      and      Assembly,  against     bill    for    payment    of 

Address     by,     in     defence     of  public  debts,  516,  516  i,  650. 

Hunter,  603  m.  , , reply  to,  738, 

»     •  •  •  • .     reply     by,     to      Mr.  738  i,  iv,  v. 

Mulford's  complaints,  317,  317         , , , presented  to 

»•  King,  113. 
»    »    >    »  lost,   373 , , ,  signatories  of , 

31Q'  reprimanded,  650. 
»  • . . . ,  representation  of,  724  n,         ,    ....,....,....,  brought  to 

In-  bar   of   the  House,  516,  516  i, 
,  Councillors,  739.  650. 


GENERAL  INDEX. 


507 


New  York — cont. 

,  Hudson's  River,  Palatines 

settled  on,  600 ;  and  see 
German  Protestant  Refugees. 

,  imports,  account  of,  236, 

554. 

,  from  Madeira  and  the 

Western  Islands,  618,  618  I. 

,  Independent  Companies  at, 

Chaplain  of,  84. 

,  Indians,  Commissioners  for 

Indian  Affairs,  report  of,  578  I. 

, Conference  of  Governors 

concerning,  59.  And  see 
Indians,  Five  Nations. 

,  Jacobite  party  in,  49,  603  in. 

,  lands  in,  grants  of,  account 

of,  650  ;  and  see  Act  for  better 
settlement  of. 

, ,  by  Govr.  Hunter, 

650,  653  i. 

,  . . . . ,  . . . . ,  by  Lt.  Gov. 

Ingoldsby,  650. 

,  . . . . ,  . . . . ,  to  Capt.  Evans, 

resumed,  650. 

,  . . . . ,  . . . . ,  extension  of 

frontiers  needed  for,  650. 

, , ,  method  of,  600. 

,  land  tax  not  practicable,  600, 

602. 

Long  Island  (Nassau),  177  I, 

317. 

,  ,  Address  from,  603, 

603  ii. 

,  . . . . ,  signatures  to,  how 

obtained,  603. 

,  . . . . ,  . . . . ,  suppressed,  603. 

,  . . . . ,  petition  from,  603  I. 

loyalty  of,  650. 

,  Mayor  of,  ship  of,  captured 

by  Spaniards,  738  v. 

,  ,  restitution  de- 
manded, 738  v  ;  and  see  John- 
ston, John. 

,  Merchants  of  London  trading 

to,  petition  of.  See  Act  for 
payment  of  public  debts. 

,  Minnesincks,  516. 

,  Mulf ord,  Samuel,  case  of. 

See  Mulf  ord,  S. 

,  Naturalization.  See  Act,  for 

naturalisation. 

,  Naval  Officer's  accounts,  12, 

600,  738,  739. 

naval  stores,  regulation  of 

quality  of,  738. 

,  tar,  failure  of,  402  ;  and 

see  German  Protestant  Refu- 
gees. 

,  negroes.  See  Act  laying  duty 

on. 

Orange  County  claimed  for, 

616. 

,  Palatines.  See  German  Pro- 
testant Refugees. 


New  York — cont. 

,  Pirates,  trial  of,  commissions 

for,  91,  402,  405. 

,  . . . . ,  .  . . . ,  renewal  of,  re- 
quested, 518  ;  and  see  Planta- 
tions, Governors  of. 

,  . . . . ,  captured,  518. 

,  . . . . ,  danger  from,  553. 

,  . . . . ,  pardon  of,  proclamation 

for,  518. 
,    . . . . ,    . . . . ,    . . . . ,   effect   of, 

small,  553. 
,    . . . . ,    . . . . ,    . . . . ,  surrenders 

upon,  518. 
,     pardoned,    revert    to 

piracy,  738. 
,     . . . . ,    ship    taken    by,    797, 

797  vi. 

,  post,  from  Boston,  317,  650. 

,  Queen  Street,  71. 

,  quit-rents,  650. 

,     ,    arrears    of,    collected, 

317,  603  m. 
,  . . . . ,  . . . . ,  juries  unwilling  to 

find  for  Crown,  317. 
,    . . . . ,    . . . . ,    loss   of,    feared, 

516. 
,     . . . . ,     . . . . ,    prosecuted    in 

Court  of  Chancery,  317,  603  m. 

,  Receiver  General,  603  in. 

,   . . .  . ,  complaint  by,  317. 

,  Records,  Office  of,  177  i. 

,  Revenue,    accounts    of,    126, 

650,  650  n,  724  i. 
,   . . . . ,   . . . . ,  audit  of,  dispute 

concerning,  650. 
,  . . . . ,  . . . . ,    . . . . ,    method   of 

650. 

,  . . . . ,  Act,  complaint  con- 
cerning, 662,  675,  676. 

,  . . . . ,  Act  amending,  676,  718. 

,    . . . . ,  defence  of,   718, 

718  i. 
, . ,  anticipation  of,  objection 

to,  516,  516  i. 
,  expenditure  of,  approved 

by  Assembly,  126. 
.......  . . . . ,  measures  for,  600, 

,   . . . . ,  . . . . ,    defence    of,    600, 

602. 
,       . . . . ,      misapplication      of, 

denied,  by  Assembly,  317  xi. 
,    settlement  of,   opposi- 
tion to,  126,  317,  650  ;   and  see 

Mulford,  S. 
Richmond    County,    claimed 

for,  516. 

,  seal,  new,  for,  127,  601. 

,  . . . . , warrant  for  using, 

127,  135,  142. 

, ,  old,  broken,  601. 

,   Secretary's   office,   repair  of, 

provision  for,  518. 
,    shipping,    increase    of,    236, 

650. 


508 


GENEBAL  INDEX. 


New  York — cont. 

,  H.M.  ships  at,  807. 

,  Spaniards,  ship  seized  by, 

737  iv,  v,  738,  738  v,  vi. 

,  . . . . ,  . . . . ,  reparation  de- 
manded, 738  v. 

,  Suffolk  County,  petition  from, 

603  i. 

,  ,  address  from,  apology 

for,  603  i. 

,  taxation,  unequal,  complaint 

concerning,  603,  603  i,  n. 

,  ,  reply  to, 

603  in. 

,  Three  Lower  Counties,  grants 

of  land  in,  177  i. 

,  trade,  duties  on,  552. 

,  ,  increase  of,  236,  602, 

650,  724  i,  738. 

t  . . .  . ,  with  foreign  Plantations 

in  British  bottoms,  instruction 
for  discouraging,  739. 

,  .  . . . ,  French  Plantations, 

proclamation  forbidding,  317. 

, , , ,  difficulty  of 

preventing,  317. 

,  .  . .  . ,  with  Madeira  and  the 

Western  Islands,  618,  618  i. 

,   .  . .  . ,   . . .  . ,  accounts  of,  600. 

, ,  with  W.I.,  738  v. 

trade  and  snipping,  Acts 

affecting,  instruction  concern- 
ing, 90  i,  111,  142,  600. 

,  Treasurer,  516. 

,  .  . . . ,  dispute  of,  with  auditor, 

650. 

,  West  Jersey,  disagreements 

with,  101. 

,  whale  fishery,  decrease  of,  50, 

317. 

,  . . . . ,  . . . . ,  due  to  Governor's 

claim  for  royalties,  50. 

,  licences  for,  317,  317 

i-xi. 

,  ,  ,  history  of,  317  ; 

and  see  Mulford,  S. 

,  . . . . ,  .  . . . ,  opinion  of 

Attorney  General  on,  317,  317 
x,  478,  738. 

,  . . . . ,  . . . . ,  a  perquisite  of  the 

Governor,  600. 

,  . . . . ,  . . . . ,  . . .  . ,  not  found 

in  Commission,  enquiry  con- 
cerning, 402. 

,  ,  . . . . ,  value  of, 

600. 

,  . . . . ,  . . . . ,  disputed  by 

Mulford,  etc.,  600,  603,  603  i. 

»  ,  .  . . . ,  case  con- 
cerning, decision  in,  600. 

,  .  . . . ,  . . .  . ,  .  . . . ,  re- 
ferred, 468. 

Niccolls,  Lt.  Gov.,  177  i. 

Nicholas,  George,  Act  to  dock  an 
entail  concerning  (Barbados),  52. 


Nicholls,  Edward,  grant  of  escheated 
estate  to  (Jam.),  123,  124. 

,  . . . . ,  . . . . ,  restitution  of, 

petition  for,  97  i. 

,  . . . . ,  . . .  . ,  . . . . ,  referred,  97. 

, ,  report  upon, 

152. 

,  Martin,  deposition  of,  134  i. 

Nichols,  Thomas,  pirate,  surrender 
of,  345  ii. 

Nicholson,  General  Francis,  Governor 
of  Nova  Scotia,  complaint 
against,  635  I. 

,  . . . . ,  Commission  and  Instruc- 
tions of,  433. 

,   . . . . ,  reference  to,  397. 

Nicoll,  William,  Speaker  of  Assembly, 
N.Y.,  document  signed  by,  126, 
317  xi. 

Nisbitte,  James,  document  signed  by, 
411,  412. 

Nivine,  William,  Agent  for  Leeward 
Islands,  document  signed  by, 
200. 

,  . . . . ,  letter,  petition,  from, 

538,  547,  649. 

Nixon,  Josiah,  certificate  by,  10  v. 

Norris,  Sir  John,  report  by,  798. 

,  William,  Naval  Officer,  Jam., 

patent  of,  revoked,  680. 

North,  Edward,  Capt.,  551  i. 

,  .  .  .  . ,  deposition  of,  551  n. 

,  . . . . ,  maltreated  by  pirates, 

551  n. 

,  Francis,  Baron  Guildford, 

guardian  of  Lord  Baltimore, 
Lord  Proprietor  of  Maryland, 
letter  from,  417. 

, ,  letter  to,  417  i,  804. 

,  Nathaniel,  deposition  of,  551  vn. 

Northey,  Sir  Edward,  Attorney  Gen- 
eral, 513. 

,  .  .  .  . ,  complaint  by  Council 

of  Trade  concerning,  237. 

,  .  .  . . ,  letter,  opinion,  from, 

117,  117  i,  158,  186,  201,  211, 
250,  251,  259,  266,  273,  275, 
281,  292-294,  297,  317,  317  x, 
320  i,  327,  334,  390,  398,  402, 
408,  410,  418,  435-437,  459, 
493,  500,  514,  527,  532,  656, 
708,  800. 

,  . . . . ,  letter,  reference  to,  9, 

155,  166,  187,  199,  213,  216, 
220,  221,  229,  232,  249,  263, 
265,  300,  342,  374,  375,  388, 
401,  420,  424,  432,  451,  475, 
657. 

,  opinion  on  L.I.,  Acts 

repudiated  by,  237. 

Norway,  timber  prices,  819. 

Nostra  Signora  de  Belem.  See  Nuestra 
Senora  de  Belem. 

Nott,  Edward,  late  Governor  ot 
Virginia,  406. 


GENERAL  INDEX.  609 

NOVA  SCOTIA,  Annapolis  Royal,  Col-  Nova  Scotia,  Canso — cont. 

lector  at,  seizures  by,  dispute         , Gut  of,  351. 

concerning,  351.  ~ , ,  fort  on,  proposed, 

,  . . . . ,  fort  almost  demolished,  550. 

391  ii.  ,  Chedabucto  (Chebuctori)  peti- 

,    ,    fortifications    of,    pro-  tion  for  grant   of   lands   near, 

posals  for  repair  of,   507,   550,  3,  3  I,  11. 

612,  612  i.  ,  deserters  from  Cape  Breton, 

, ,  materials  ordered  return  of,  requested,  635  i. 

for,  645.  ,  engineer  for  surveying,  pro- 

,  garrison,  chaplain  of,  posed,  550. 

392  ii.  ,  fishery,  French  encroachments 

,    ,    clothing  needed  on,  351  i,  352,  392  i,  550,  575, 

for,  550.  635  I. 
,    . . . . ,    . . . . ,  neglected  condi-         ,    . . . . ,    protest  against, 

tion  of,  550.  565  iv,  575  ;  and  see  Shute,  S.  ; 

,  . . . . ,  . . . . ,  report  upon,  550.  Canso. 

,    ....,....,    Commissary   of,         ,....,  French  inhabitants  em- 

37,  523.  ployed  in,  351,  351  n. 
,  . . . . ,  . . . . ,  loyal  address  from,         ,    ships    seized    at,    782, 

340  i.  782  i,  ii. 
,    . . . . ,     . . . . ,    muster-roll    of,         , proposals  for  developing, 

392  n.  550. 
,...., mutiny  threatened,         ,••••,  regulations  for,  proposed, 

392  n.  550. 
,   . . . . ,  reinforcement  of,         ,   . . . . ,  representation  concern  - 

from  Placentia  suggested,  507.  ing,  432. 

,  .  . . . ,  . .  .  . ,  sickness  of,  392  ii.          ,....,  reservations  for  curing, 

,     . .  .  . ,     .  .  .  . ,    subsistence    of,  urged,  392  i. 

165  i.  , rights  reserved  in  grants 

, , accounts  of,  of  land,  enquiry  concerning,  790. 

276,  569.  ,  value  of,  392  i,  550. 

,    .  . . . ,    .  .  .  . ,    . .  .  . ,    .  .  .  . ,   un-          ,     French     encroachments     on, 

paid,  392  n.  550  ;      and    see    N.S.,     Canso  ; 
,    .  .  .  . ,    inhabitants    and   mer-  Fishery. 

chants,  address  by,  351,  351  in.         ,    .  . .  .,    measures    to    prevent, 

,    ,   Lt.  Governor  of.      See  352,  550. 

Doucett,  John.  ,  French  inhabitants  of,  agree  - 

,  . . . . ,  reports  upon,  285.  ment  made  by,  565,  565  iv. 

,   . . . . ,  trade  of,  improvement         ,  .  .  . . ,  .  . .  . ,  not  fulfilled,  com- 

of,  351  in.  plaint  concerning,  635  i. 

boundary  of,  543,  635  I.  ,....,  allegiance  of,  means  of 

, ,  map  of,  789.  securing,  proposed,  507,  550. 

,   . . . . ,  settlement  of,  need  of,         , ,  oath  of,  refusal  of, 

392  i.  185  n,  351  i,  371  iv,  392  i,  n, 
,    ....,    appointment   of   Com-  550,  565. 

missaries  for,  urged,  507,  550.  ,   .  .  .  . ,   .  .  .  . ,   .  .  .  . ,  advised  by 

,    .  . .  . ,   .  .  .  . ,  passport  relating  Vaudreuil,  789,  789  i,  in,  iv. 

to,  434.  ,     .  .  .  . ,     .  .  .  . ,    required    from, 

,   British   River,   fort   on,   pro-  185,  185  i,  351,  371  i,  n,  565  i, 

posed,  550.  iv,  v. 
,  Canso  (CanQeau,  Cancer),  Cape         ,    .  . .  . ,    ,    reply   to, 

of,  351  i.  371  iv. 
,    . . . . ,   Fishery,   French   ships         ,  .  .  .  . ,  claim  to  withdraw  witli 

seized  by  H.M.S.  Squirrel,  782,  moveable  effects,  789  i,  in. 

782  i,  ii.  claim  to  St.  John  R., 

, ,  increase  of,  782  n.  789,  789  i,  in,  iv. 

,  . . . . ,  Fort  St.  Louis,  capture         ,     . . . . ,     employment     of,     in 

of,  351  i.  fishery,  request  for,  351  ii. 
,  . . . . ,  . . . . ,  garrison  expected,         ,  .  . . . ,  . . . . ,  granted,  351 . 

782  ii.  ,....,     Indians,     dread     of, 

, French  claim  to,  635  i.  alleged,  185,  185  ii,  550. 

,     . . . . ,     . . . . ,    settlement    on,         ,    . . . . ,    . . . . ,    intrigues    with, 

565  iv,  635  i.  565,  565  iv,  789  i. 

, , ,  Indians,  782  n,  ,....,  treatment  of,  185. 


510 


GENERAL  INDEX. 


Nova  Scotia,  French  inhabitants  of — 

cont. 
, influence  of  priests  over, 

185. 

,  letter  to,  351,  565  I. 

,  at  Minis,  565. 

, , letter  from,  371  iv. 

, , ,  letter  to,  351. 

oath  of  allegiance 

required  from,  371  I,  n. 

,  numbers  of,  550. 

,....,  removal  of,  intended,  185. 

. . . . ,    . . . . ,    with    moveable 

goods,  claimed  by,  789  I,  in. 
,  return  of,   from   Cape 

Breton,  565. 
,    ,  rumour  of  Pretender's 

success,  185. 
,  . . . . ,  treatment  of,  proposals 

for,  550. 

,    . . . . ,   Vaudreuil's  secret  in- 
structions to,  789,  789  i,  in,  iv. 
Governor    of.      See    Phillips, 

Richard  ;    and  Nicholson,  F. 
,    guardships   for,   request   for, 

351,  352,  550,  619,  789. 

,  Indians,  371  iv,  782  n. 

,    . . . . ,  at  Canso,  Governor  of 

Cape  Breton  and,  635  I. 

,  . . . . ,  country  claimed  by,  565. 

,    ,    fear    of,    185,    185    n, 

392  i,  550. 
,  French  intrigues  with, 

565,  565  iv,  789  i. 
,    ....,   at  Minis  etc.,   371   iv, 

789  i. 
,    . . . . ,    murders    by,    alleged, 

185  n. 
,   . . . . ,  presents  for,  proposed, 

371,  392  i,  507,  550,  565,  789. 

,  . . . . ,  trade  with  French,  371. 

,  inhabitants  of  Newfoundland 

to  move  to,  proposed,  550,  798. 
,    Jenny's     Straight,     fort    at, 

proposed,   550. 
,  Jesuit  missionaries,  intrigues 

of,  789  i,  iv. 

,    orders   restraining,   re- 
quested, 565  v. 

,  La  Hanne,  371  in. 

,  lands  in,  grant  of,  petition  for, 

3  i,  11. 
,  . . . . ,  . . . . ,  . . . . ,  referred,  3  ; 

and  see  Cairnes,  Sir  A. 

,  . . . . ,  grant  of,  by  Crown,  23  i. 

referred,  23. 

,  . . . . ,  . . . . ,  terms  of,  proposed, 

23  i,  105,  106,  392  i,  550. 
,    lands    between    Maine    and, 

claims  of  Mass.   Bay  etc.,   to, 

objection  to,  383  i,  in. 
,   . . . . ,    . . . . ,  opinion  on,  383, 

511,  543. 
»    . . . . ,    ,   reply    to, 

268,  383  ii. 


Nova  Scotia,  lands  between  Maine  and, 

claims   of   Mass.    Bay  etc.,   to 

— cont. 
, , ,  report  upon,  241, 

242,  268. 
,  . . . . , »•••••»  referred 

back,  308. 
, ,  claim  of  Crown  to,  396, 

397. 
,  petition  for  grants  of, 

396,  397,  458  i. 

,  . . . . ,  . . . . ,  report  upon,  543. 

,  . . . . ,  proposal  for  division  by 

Mass.  Bay,  483  i. 

,  . . . . ,  . . . . ,  report  upon,  543. 

,  Maganshish,  sloop  cast  ashore 

at,  care    of,    recommended    to 

French  priest,  371  i-ni. 

,  Naval  Stores  in,  550. 

,    . . . . ,    survey    of,    proposed, 

550. 

,    neglect    of,    complaint    con- 
cerning, 789. 

,  pirates,  commissions  for  try- 
ing, 405  ;    and  see  Plantations, 

Governors  of. 

,  Port  Royal,  capture  of,  433. 

,    representation    on,    referred, 

604,  605. 
,   . . . . ,  report  upon,  by  Board 

of  Ordnance,  612. 

,  St.  Croix,  River,  177  i. 

,  . . .  . ,  boundary,  543. 

,     . . . . ,     lands    between,    and 

Kenebec  R.     See  Nova  Scotia, 

lands  between. 

,  St.  John  R.,  789. 

,    . . . . ,   claim   to,   by   French, 

789  i,  in,  iv. 

, , , reply  to,  789. 

,   settlement   of,    measures   for 

encouraging,  proposed,  86,  105, 

392  i,  507,  550,  789  ;    and  see 

Cairnes,  Sir  A. 
,  smuggling,  complaint  of,  351, 

351  m,  352. 

,  trade,  fur,  550. 

,  . . . . ,  . . . . ,  French  monopoly 

of,  371,  392  i. 

,   . . . . ,  growth  of,  351  m. 

, ,  illegal,  351  m. 

, with  Indians,  371. 

White  Head,  351  i. 

,  woods  in,  survey  of,  proposed, 

619. 
Nuestra  Senora  de  Belem  (Bethlehem), 

(Kensington  sloop),  bills  of  lad- 
ing of,  310  n. 

/capture  of,  case  of,  13,  225. 

,  cargo,  value  of,  252  vn,  vin. 

,      commission     for     rehearing 

trial  of,  323. 

,  condemnation  of,  252  in. 

,  . . . . ,  appeal  from,  252  iv,  v, 

350, 


GENERAL  INDEX. 


511 


Nuestra  Senora  de  Belem — cont. 
,    petition    concerning,     4  i,  n, 

310  i,  482,  541. 

,  . . . . ,  referred,  4. 

,  report  upon,  350. 

, ,  copy  of,  refused, 

482. 
,....,....,  . . . . ,  request  for, 

310. 
,    . . . . ,    . . . . ,   proofs  required, 

239,  246. 
,   . . . . ,   . . . . ,   . . . . ,  submitted, 

252,  252  i-vin. 


Ockold,  Thomas,  Lt.,  commission  of, 

278. 
Oesterman,  Thomas,  document  signed 

by,  413. 

Officers  and  soldiers,  disbanded,  peti- 
tion of,  for  lands  between  Nova 

Scotia  and  Maine,  report  upon, 

543. 
Oliver,  Richard,  Councillor,  Antigua, 

358,  661. 
,    . . . . ,    document    signed    by, 

413. 

Ordnance,  Board  of,  193,  550,  681. 
,    letter,  report  by,   550, 

612. 

letter  to,  605,  645. 

Orford,  Earl  of.  See  Russell,  E. 
Orgill,  John,  petition  of,  65  n. 
Orkney,  Earl  of.  See  Hamilton, 

George,  Earl  of  Orkney. 
Orleans,  Due  de,  order  by,  591  n. 
Ormonde,  Duke  of.  See  Butler,  James. 
Orton,  John,  grant  of,  continued,  574. 
,    petition  for,  30, 

30  i. 
Osborn,  Henry,  document  signed  by, 

413. 
,  Humphrey,  document  signed 

by,  411,  412. 
Ottley,  — ,  St.  Kitts,  134  i,  526  i. 


Page,  Col.,  Va.,  688  i. 

,  Samuel,  Secretary  of  Jamaica, 

affidavits  procured  by,  117. 

,  . . . . ,  character  of,  169. 

,    charges    against,    109 


Page,  Samuel — cont. 

,     ,    charges    by,    against 

Lord  A.  Hamilton,  135  iv. 
,    ,    reply    to,    131, 

131  i-m,  v. 
,   departure   of,   without 

leave,  218  i,  232. 
,    . . . . ,   re-payment   of   profits 

to,  ordered,  218  i. 
,    . . . . ,    . . . . ,    appeal   against, 

218  i. 

,   . . . . ,  deposition  of,  169. 

,  . . . . ,  . . . . ,  contradicted,  117, 

131  v. 
,    . . . . ,   deputy  appointed  by, 

109  n. 
,    . . . . ,   dismissal  of,   from  all 

offices,  306,  331,  332,  365. 
..,   urged,   139,   169, 

327. 

,  . . . . ,  letter  from,  109  n. 

,    licence   for   departure, 

alleged  forgery  of>  109  i-iv. 
Paice,   Joseph,   document  signed   by, 

445  i. 
Painter,    William,    document    signed 

by,   192. 
Palatines.       See    German    Protestant 

Refugees. 
Panton,   John,   Councillor,   St.   Kitts, 

death  of,  559,  736. 
, widow  of,  plantation  of, 

petition  concerning,  33. 
Papists,  Antigua.     See  Antigua,  Act 

to  prevent  increase  of;    and  see 

Roman  Catholics. 
Parke,  Col.  Daniel,  late  Governor  of 

the  Leeward  Islands,  325. 

,  grant  by,  26  n. 

,    murder    of,    359    xi, 

373  iv. 
,    . . . . ,    plantation   seized    by, 

60  i. 
Parker,  Elisha,  Councillor,  N.J.,  death 

of,  12,  112,  194,  347. 
,      John,      recommended      for 

Council,  N.J.,  112,  194,  219. 
,    appointed,   234, 

346,  520,  601. 

,  Samuel,  deposition  of,  358  i. 

Parkhurst,  Anthony,  quoted,  798. 
Parrott,  William,  Agent  for  Jamaica 

merchants,  document  signed  by, 

65  i. 
Parry,    Samuel,    deposition    of,     359 

VII. 

,    . . . . ,  interrogations  by,   359 

XI. 

,  document  signed  by, 

413. 

Parson,  Edward,  plantation  of,  peti- 
tion concerning,  30,  30  i. 

Parsons,  Edward,  Councillor,  Mont- 
serrat,  797. 

,,....,  John,  certificate  by,  43  u. 


512 


GENERAL  INDEX. 


Partridge,  Col.  William,  claim  of,  to 

lanrls  between  Nova  Scotia  and 

Maine,  261. 
,    ,    ,    reply    to,    261  ; 

and    see    Nova    Scotia,    lands 

between. 

Passenger,  W  ,  Capt.,  R.N.,  Commo- 
dore of  Newfoundland  Convoy, 

letter,  report  by,  115,  164,  440, 

626,  626  i,  n,  798. 
,   . .  .  . ,  order  by,  to  New  Eng- 

landers,  164  i. 
,    . . . . ,    . . . . ,    .  . . . ,  destroyed, 

164. 

Passmaquady,  185. 
Patent  Offices  and  Officers.    See  under 

Plantations,  The. 
Paxotto,  Isaac,  petition  of,  750  i. 
,     .  .  .  . ,    referred,     750  ; 

and  see  Nassau,  case  of. 
Payne,   Cbarlos,   grant  of,   continued, 

574. 
,    .  .  .  . ,  petition  for,   30, 

30  i. 
,    . . .  . ,    proposed   for   Council, 

St.  Kitts,  559. 
,  Nathaniel,  grant  of,  continued, 

574. 

Pearl,  H.M.S.,  800. 
Pearse,    Elias,    document    signed    by, 

286. 

Peers,  widow,  appeal  of,  79,  87. 
Poirson,    Theodore,    document    signed 

by,  603  i. 

Pelham-Holles,  Thomas,  Duke  of  New- 
castle, book  presented  to,  820. 
recommendation     by, 

448. 
,  . . . . ,  Lord  Chamberlain,  letter 

to,  300. 
,  Thomas,  a  Lord  Commissioner 

for  Trade  and  Plantations,  233, 

625. 
Pelissier,  Stephen,  grant  of,  continued, 

574. 
Pelisson,  Daniel,  document  signed  by, 

397. 

Pellet,  William,  letter  to,  593  i,  n. 
Pemberton,    Roger,    Speaker,    Nevis, 

document  signed   by,  438,  439. 
Pena,  Don  Josef  Rocher  de  la,  Spanish 

Admiral,  10  n. 
Penhallow,  Samuel,  Treasurer,  N.H., 

document  signed  by,  700  v,  vi. 
Peniston,  John,  Capt.,  551  n. 
Penn,    William,    Governor    and    Pro- 
prietor of  Pennsylvania,  Charter 

of,  781. 
. . . . ,  by,  to  Philadelphia, 

complaint  concerning,  508. 

, grant  to  (1682),  177  i. 

,  . . . .,  lunacy  of,  177  i,  586. 

>  . . . . ,  mortgagees  of,  177. 

, ,  memorial  by,  586, 

78 1 . 


Penn,  William — cont. 
,     surrender    of    Govern- 
ment by,   781. 

,  .  .  .  . ,  .  .  .  . ,  not  signed,  508. 

,  Three  Lower  Counties, 

claim    to,    report    upon,     177, 

177  i. 
,     ,     ,    grants    in,    by, 

177  i. 
Pennant,    Edward,    recommended   for 

Council,  Jam.,  53. 

appointed,  144. 

,      .  .  .  . ,     grant     of     escheated 

estate  to  (Jam.),  123,  362. 
,    .  . .  . ,     . .  .  . ,    revoked,    97    i, 

124. 
,     .  . .  . ,     .  .  . . ,    restitution    of, 

petition  for,  97  i. 

,  .  . .  . ,  . . .  . ,  .  .  . . ,  referred,  97. 

,  .  .  .  . ,  .  .  .  . ,  . . .  . ,  report  upon, 

152. 
PENNSYLVANIA,  Act,  affirmation  (1715) 

confirmation  of,  urged,  781. 
,    .  . . . ,  for   stick    as   refuse    to 

take  the  solemn  affirmation  used 

in    Great    Britain,    explanation 

of,  781. 
,   .  .  .  . ,  amending  criminal  law, 

727. 
,    .  .  .  . ,  for  assigning  of  bonds 

etc.,  explanation  of,  781. 
,   .  .  .  . ,  for  better  determining  of 

debts  under  40.9.  etc.,   781. 

,  .  .  .  . ,  concerning  licences,  586. 

,  .  .  .  . ,  for  continuing  a  friendly 

correspondence  with  the  Indians, 

781. 
,  .  .  .  . ,  for  erecting  a  Supreme  or 

Provincial  Court,  781. 
,  laying  a  duty  on  negroes 

imported,  revised,  781. 
,    .  . .  . ,  laying  a  duty  on  wine 

etc.  imported,  781. 
,     .  .  .  . ,    empowering    religious 

societies  to   buy   lands  etc.,   ex- 
planation of,  781. 
,    for  raising   £2000  etc., 

197. 
,  .  .  .  . ,  for  raising  a  supply  etc., 

781. 

,  .  . .  . ,  for  regulating  and  estab- 
lishing fees,  repealed,  781. 

, , ,  new,  781. 

,    . . .  . ,  for  recording  deeds  etc., 

new,    confirmation   of,   desired, 

781. 
,   . .  .  . ,  for  recovery  of  fines  etc., 

explanation  of,  781. 

,  .  .  .  .,  . .  .  .,  objection  to,  781. 

,     .  .  .  . ,    for    settling    Court    of 

Common  Pleas  etc.,  781. 

,  Acts,  abstract  of,  781  i. 

,    .  . .  . ,    anonymous   complaint 

concerning,  506,  508. 
, ,  reply  to,  586, 


GENERAL  INDEX. 


513 


Pennsylvania,  Acts — cont. 

,  .  . .  . ,  laying  duties  on  imports 

etc.,  account  of,  552. 

,   . . .  .,  observations  on,  781. 

,  .  . . . ,  permitting  affirmation  of 

Quakers,  repealed,  506. 
,    ,   ro-onactod,   506, 

781. 
,  . . . . ,   . .  . . ,  not  submitted  for 

assent  of  Crown,  506. 
,    .  .  .  . ,  submission  of,  request 

for,  772,  784. 

Assembly  of,  586. 

,  . . . . ,  speech  of  Lt.  Governor 

to,  101  ii. 

, ,  reply  to,  101  n. 

,   Cannistogo,   Conference  with 

Indians  held  at,   101  I. 
,    coins,    currency,    paper,    Act 

for  issuing,  781. 
,    Council,    Minutes    of,    101    I, 

197. 
,  Court  of  Common   Pleas*  Act 

for  settling,  781. 
,   . . . . ,  Supreme,  Act  erecting, 

781. 
,     Courts,     Two     weeks,     Act 

abolishing,  781. 
,  Customs,  Collector  of,    order 

to,  227,  227  i. 
,     Delaware,     R.,     islands     in, 

claims  to,  report  upon,  177  I. 
,  . . . . ,  . . . . ,  grants  of  land  in, 

by  Governor  of  New  York  etc., 

177  i. 
,    . . . . ,    . . . . ,    . . .  . ,   by   Penn, 

177  i. 
,    ,    .  ,  .  „ ,   to  Bristol 

Co.,  177  i. 

,  . . . . ,  naval  stores  in,  177  i. 

,   . . . . ,  Three  Lower  Counties, 

claims    to,    report    upon,    177, 

177  I. 

fines,  appropriated,  586. 

French  advance  on  Mississippi, 

etc.,     report     upon,     required, 

450. 
,  German  Protestant  Refugees 

for,  as  indented  servants,  76. 
,   Governor  and  Proprietor  of. 

See  Penn,  William. 
,  hemp,  planting  of,  by  Bristol 

Co.,  177  i. 

,  Indians,  450. 

,    . . . . ,    Act  for   continuing   a 

friendly  correspondence  with,  781. 
Conference  concerning, 

59,  406. 

, with,  101  i. 

,   . . . . ,  outrages  by,  unknown, 

781. 

, ,    . . . . ,   trade  with,   Act  regu- 
lating, 781. 
,     . . . . ,     . . . . ,     . . . . ,     honest, 

good  effect  of,  781. 
Wt.  44 1. 


Pennsylvania,  Indians — cont. 

,    ....;    treaty    with    Virginia, 

proposed,   101  i. 

,      . . .  . ,      . . . . ,     rejected      by 

Lt,  Gov.  Keith,  101  i. 

,  iron  in,  101. 

,  . .  .  . ,  manufacture  of,  101. 

,  . . . . ,  . . .  . ,  encouragement  of, 

proposed,  101. 

,  licences,  act  concerning,  ex- 
plained, 586. 

,     Lt.     Governor,     present     to, 

197  ;   and  see  Keith,  W. 

Naval  Officer,  order  to,  227, 

227  i. 

,  Newcastle,  177  i. 

,  Philadelphia,  charter  of,  com- 
plaint concerning,  508. 

,  . . . . ,  conference  of  Governors 

concerning    Indian     affairs    at, 
59,  406. 

,    . . . . ,  post  to  Williamsburgh 

established,  568. 

, Rolls  Office,  177  i. 

,  . . . . ,  sloop  of,  10  vi. 

,    . . . . ,   two   weeks   Courts  at, 

Act  abolishing,  781. 

,  pirates,  commissions  for  try- 
ing, 405  ;  and  see  Plantations, 
Governors  of. 

,  . . . . ,  from,  arrest  of,  10  vi. 

post,  established,  568. 

Quakers,    loyalty    of,     781; 

and  see  Act  for  affirmation. 

,     resumption    of,     to     Crown, 

proposed,  101. 

,    Spaniards,    ship    seized    by, 

737,  737  vn,  vm. 

,  trade,  duties  on,  552. 

,  with  French,  prohibi- 
tion of,  orders  for,  227,  227  i. 

, with  Indians,  781. 

,    .  . . . ,  with  Madeira,  enquiry 

concerning,  450. 

,    . . . . ,  with  Western  Islands, 

enquiry  concerning,  450. 

,  union  with  West  Jersey  pro- 
posed, 101. 

Penobscot,  R.,  lands  adjoining.  See 
Nova  Scotia,  lands  between. 

Ponrice,  Sir  Henry,  Judge  of  the 
Admiralty,  letter  from,  655, 
658,  659,  669  n. 

,  letter  to,  656,  669  i. 

Pensacola,  trade  with,  660. 

Penzance,  sloop,  captured  by  pirates, 
551  x. 

Perrio,  — ,  Surveyor  General  of  Cus- 
toms, Barbados  and  L.I.,  277. 

Perry,  Edward,  Naval  Officer,  L.I., 
death  of,  822. 

,  John,  letter  from,  146. 

,  Micajah,  letter  from,  30,  146, 

173,  689. 

letter  to,  150. 

C.P.  33. 


514 


GENERAL  INDEX. 


Porry,  Micajah — cont. 

, ,  plantation  of,  St.  Kitts, 

proposal  to  purchase,  83,  156. 

,  Richard,  letter  from,   173. 

Peystor,  A.  D.    See  Do  Poyster. 
Philips,  Ambrose,  Agent  for  New  York, 

317,  633. 
, Commission  of,  required, 

771. 

. . . . ,     documents     received 

from,  113,  126. 

,   letter  from,    228,    235, 

344,    373,    385,    464,    507,    554, 

578,  602,  663,  670,  724. 
.    ..,....,....,  referred,  375. 
,   .  .  .  . ,  letter  to,  517,  554,  600, 

602,  603,  724  i. 
Phillip,  John,  case  of,  298  X,  526  I. 

, ,  letter  from,  494,  494  I. 

Phillips,    Col.    Richard,    Governor    of 

Nova     Scotia     and     Placentia, 

351  IT,  645. 
,     .  .  .  . ,    arrival    of,    expected, 

782  ii. 
,  . . . . ,  attendance  of,  at  Board 

of  Trade,  464. 

,   .  .  .  . ,  departure  of,  619. 

,    .  .  .  . ,    Commissions    and    In- 
structions of,   19,  550. 

, letter  to,  392  n,  789. 

,    ,    Memorial    by,    392    i, 

550  i. 

,  .  . .  . ,  .  . .  . ,  report  upon,  550. 

,  Mrs.,  present  to,  789. 

Philo  Patria,  letter  from,  34. 
Phipps,  Francis,  Councillor,  St.  Kitts, 

797. 

,  . .  . . ,  certificate  by,  43  n. 

Phoenix,  H.M.S.,  474. 

,    . . .  . ,  threatened  by  pirates, 

551. 

Pierce,  — ,  Capt.,  R.N.,  474,  556. 
Pigott,  Thomas,  document  signed  by, 

411,  412. 
Pinkerton,    Capt.    Robert,    settlement 

by,  on  Crab  I.,  protest  against, 

593  i,  n  (b),  m. 
Pinkothman,    Capt.,    commission    of, 

298  m. 
Pinney,  Azariah,  document  signed  by, 

438,  439. 
,    John,   document   signed    by, 

438,  439. 
.......  . . . . ,  deposition  of,  134  vm. 

Piracies,    against    Spaniards,    instruc- 
tions concerning,  361. 
Pirates,   104  i ;    and  see  Brown,  T.  ; 

Bonnet ;     Coudon  ;     England  ; 

Hornigold  ;         Jennings,        H  ; 

Leslei ;  Nichols,  T.  ;  Richards  ; 

Rounsivell  ;    Thatch  ;    Vane. 
,    Act   for    the    more    effectual 

suppression  of,  continued,  215, 

471,  658,  669  n. 
,  activity  of,  renewed,  551. 


Pirates — cont. 

,  in  the  Bahamas,  220  I,  556, 

591  n. 

,  .  .  .  . ,  atrocities  by,  551  i-ix. 

,   .  .  .  . ,  attacked  by  Spaniards, 

737. 

,   . . . . ,  captured,  807. 

,  . . . . ,  depredations  by,  737. 

,      dislodgment     of,     by 

Governor  Rogers,  737. 
,   . . . . ,   . . . . ,  measures  for,  64, 

471. 
,  inhabitants'  sympathy 

with,  807. 

,  .  . .  . ,  numbers  of,  474,  556. 

,     .  . .  . ,     .  .  . . ,    at    Providence, 

551  iv. 
,  . . . . ,  pardon  of,  extension  of, 

requested,  737. 
,  .  . . . ,  .  . .  . ,  Proclamation  for, 

720. 

,   .  .  . .,  revert,  797. 

, ,  ship  taken  by,  737,  797, 

797  vi. 

,  . . . . ,  sent  home  for  trial,  807. 

, ,  surrender  of,  345,  384, 

474,  487,  720,  736. 

,  . . . . , checked,  474. 

,  . . . . ,  .  . . . ,  effects  of,  question 

concerning,  720. 
,  .  . . . ,  instructions  concerning, 

requested,  474. 
,  . . . . ,  threaten  H.M.S.  Phoenix, 

551. 

, traffic  with,  737. 

, ,  arrest  for,  737. 

,   . . . . ,  Virginian  sloop  sent  to 

investigate,   10,  10  i-vni. 

(Barbados),  capture  by,  10. 

,  captured,  742. 

,  barbarities  practised  by,  551, 

551  i-ix,  797  i,  11,  vi. 

(Bermuda),  485. 

, increase  of,  580. 

,    . . .  . ,  pardon  of,  Commission 

for,  requested,  465,  466  ;    and 

see  Plantations,  Governors  of. 

,  .  . . . ,  . . . . ,  extension  of,  737. 

,  . . . . ,  sloop  captured  by,  551. 

,  .  . . . ,  . . . . ,  retaken,  551. 

, ,  surrender  of,  384,  465, 

466,  720. 

, ,  checked,  474. 

,  .  . .  . ,  effects  of,  question  con- 
cerning, 720. 
,  . . . . ,  surrendered,  instructions 

concerning,  requested,  474,  551. 

,  . . . . ,  threatened  by,  551. 

,  (Car.),  807. 

,   captured,    10  vi,    730, 

787. 
,    .  . . . ,    depredations    of,    556, 

660,  677,  730,  736,  797  I. 

surrender,  556,  657,  800. 

,  . . .  . ,  revert  to  piracy,  556. 


GENERAL  INDEX. 


515 


Pirates — cont. 

,    convicts,    transported,    turn, 

681. 

,    effects   of,   instructions   con- 
cerning, 800. 

,    . . . . ,    piratically   taken,    en- 
quiry concerning,  800. 

,    action    by    pirate    for 

recovering,  800. 

,   French,    ship    captured    by, 

551  n,  660,  797  n. 

, barbarity  of,  797  n. 

, taken  by  English  pirate, 

797  n,  vi. 

,     Guadeloupe     attacked     by, 

298. 

,   increase   of,    5,  5 1,    10,    271, 

681  m. 

(Jam.),   78,    141,   591   n,   606, 

643,  681. 

,     . . . . ,    depredations    of,    54, 

522,  566. 

,  . . . . ,  protection  from,  request 

for,  54. 

,  . . . . ,  . . .  . ,  measures  for,  35. 

,    . . . . ,   increase   of,     10,     271, 

681  m. 

, ,  instructions  con- 
cerning, 421. 

,  . . . . ,  privateers  commissioned 

to  suppress,  131  i-v. 

, raid  by,  271. 

, ship  captured  by,  271. 

,  . . . . ,  surrender  of,  357,  357  I, 

447. 

,  Kentish,  — ,  298  n. 

,  Kidd,  goods  landed  at  Crab  I., 

by,  624  i. 

(Leeward  Islands),  depreda- 
tions of,  298,  298  I-HI,  797, 
797  i-vi. 

,    ,   ships   taken   by,    298, 

298  i-in. 

McGill,  Robert,  298  m. 

(Mass.),    trials    of,     193,    419, 

575,  575  i. 

,    . . . . ,  under  Governor 

Dudley's  Commission,  validity 
of,  question  concerning,  747. 

(N.Y.),  danger  from,  553. 

,   ....,  captured,  518. 

ship    taken    by,    797, 

797  vi. 

,  papers  concerning,  laid  before 

House  of  Commons,  400. 

, address   for,    393, 

393  i. 

,   pardon   of,    Commissions   for 

granting,  589,  594,  595,  614, 
638-642,  683,  713,  714  i,  716  i, 
720,  728,  746,  801. 

,   . . . . ,  request  for,  390, 

467. 

,    . . . . ,   complaint   concerning, 

803,  813  i. 


Pirates,  pardon  of — cont. 

,     . . . . ,    enquiries    concerning, 

181,  187  i-iv,  327,  345,  384,539. 

, ,  reply  to,  201. 

,    . . . . ,   exception   from.      See 

Bridgman. 

,    . . . . ,  extension  of  date  for, 

proposal  and  proclamation  for, 
580,  640,  642,  780,  800,  803, 
804,  813  i. 

,    . . . . ,  instruction  concerning, 

211. 

,    . . . . ,    Proclamation     for,    1, 

li,  9,  64,  181,  187  i-iv,  201, 
327,  345,  384,  471,  539,  640, 
642,  713,  803,  804,  813  i. 

,    . . . . ,    effect    of,    small,    553, 

575,  660  ;   and  see  surrender  of. 
,   . . . . ,  representation  concern- 
ing, 466,  485. 

,    privateers,    commission     for 

seizing,  760. 

,  turn,  660. 

,  rendezvous  of,  797  11. 

,....,  at  Ouacock  intended,  800. 

,  Rowland,  — ,  298  m. 

,  Spaniards  attacked  by,  797  n. 

supplied    from    St.    Thomas, 

797,  797  i. 

suppression  of,  measures  for, 

64. 

,  surrender,  471,  518. 

, ,  certificate  of,  345,  345  i. 

,  surrendered,  revert  to  piracy, 

556,  660,  737,  738,  800. 

,   trial  of,   in   the   Plantations, 

Acts  concerning,  91. 

,     .  . . . ,    commissions    for,    91, 

338,  372,  379,  402-405,  471, 
483,  800,  803,  804,  807,  813  i. 

,  despatch  of,  urged, 

703,  713,  742. 

, ,  delayed,  594. 

,  . . . . ,  . . . . ,  renewal  of,  pro- 
posed, 91,  215,  327,  518,  737. 
,  enquiry  concern- 
ing validity  of,  419,  539,  575, 
575  i,  580,  656,  659,  669  i, 
800,  807. 

,    ,    ,    ,   reply   to, 

658,  669  n. 

Va.,  657. 

, ,  captured,  800. 

,  . . . . ,  expedition  against,  800. 

, favoured  by  inhabitants, 

800. 

,      reward     offered     for 

capture  of,  800. 

,    . . . . ,  unlawful  concourse  of, 

proclamation  forbidding,  657 
in. 

,  . . . . ,  . . . . ,  reason  for,  657. 

at  Virgin  Islands,   134. 

, ships  sent  in  search  for, 

298. 


516 


GENERAL  INDEX. 


Pitt,  Thomas,  Governor  of  Jamaica, 
departure  of,  urged,  65  11. 

,  . . . . ,  document  signed  by, 

499  i. 

Plaisted,  Samuel,  deputy  surveyor  of 
H.M.  woods,  616  n. 

,  . . . . ,  deposition  by,  616, 

616  vi  (a). 

PLANTATIONS,  THE,  Acts,  foes  for,  at 
Council  Office,  421. 

,  printing  of,  408,  409, 

715,  721,  728,  734. 

,  . . . . ,  . . . . ,  estimate  for,  469. 

,  . . . . ,  . . . . ,  ordered,  64,  67. 

, ,  proposed,  51. 

,  . . . . ,  sent  home,  Governor's 

remarks  upon,  required,  487. 

,  Admiralty  Courts,  trial  of 

seizures  of  wool  in,  urged,  85. 

,  appeals  from,  232,  320  I  ; 

and  see  Cockburn,  William. 

,  .  . . . ,  procedure  in,  report 

upon,  266. 

,  Assemblies,  prorogation  of, 

under  adjournment,  question 
concerning,  731. 

,  Auditor  General  of  H.M. 

Revenues  in.  See  Blathwayt, 
W.  ;  Walpole,  Horatio. 

,  salary  of,  422  n. 

,  barristers  in.  See  Barbados, 

Act  to  empower  licentiate 
lawyers. 

,  Commissaries  in,  defence  of,  88. 

,  . . . . ,  powers  of,  159  ;  and 

see  London,  Bishop  of. 

,  convicts  sent  to,  unsatis- 
factory (Jam.),  681. 

,  . . . . ,  Act  for  transporting, 

681. 

,  Councillors,  leave  of  absence 

to  be  notified  to  Board  of 
Trade,  570,  633,  634. 

,  defence  of,  scheme  for  united, 

urged,  85. 

,  ecclesiastical  jurisdiction  in, 

159 ;  and  see  London,  Bishop  of. 

,  exports  and  imports,  Inspector 

General  of,  proposed,  330,  620  I. 

,  foreign,  enquiries  concerning, 

652  i. 

,  French,  danger  from,  in  the 

West,  238,  256,  334,  34|,  402, 
419,  450,  600,  657. 

,  Governors  of,  circular  letter 

to,  announcing  appointment  of 
Secretary  Craggs,  446. 

Commission  and  In- 
structions for  pardoning  pir- 
ates, 187,  187  i-iv,  201,  211, 
390,  421,  539,  580,  589,  594, 
595,  614,  638-642,  683,  713, 
714,  714  i.,  716  i,  720,  738, 
746,  780,  800,  801,  803,  804, 
813  i ;  and  see  Pirates. 


Plantations,  The,  Governors  of,  Com- 
missions and  Instructions — cont. 

, ,  for  trying  pirates, 

91,  215,  327,  338,  372,  379, 
402-405,  419,  421,  471,  483, 
575,  575  i,  580,  594,  656,  658, 
659,  669  i,  n,  703,  713,  737, 
742,  800,  803,  804,  807,  813  i  ; 
and  see  Pirates. 

,  . . . . ,  complaint  against,  con- 
cerning pardons  to  pirates, 
803,  813  i. 

,  . . . . ,  control  of  guardships  for, 

proposed,  144,  566,  681  in, 
737,  807. 

,  Instructions  to,  altera- 
tions in,  665. 

,  . . . . ,  . . . . ,  concerning  Acts 

affecting  British  trade  and 
shipping,  90,  90  i,  111,  142, 
144,  402,  406,  676,  722. 

,  . . . . ,  . . . . ,  revocation  of, 

requested  by  Virginian  Assem- 
bly, 568,  568  iv,  v. 

,  . . . . ,  . . . . ,  concerning  Acts 

of  Trade  and  Navigation  and 
trade  with  foreign  Plantations, 
633,  739. 

,  . . . . ,  . . . . ,  concerning  eccles- 
iastical jurisdiction,  159. 

,  . . . . ,  for  maintaining 

quality  of  Naval  Stores,  382, 
416,  419. 

,  . . . . ,  . . . . ,  concerning  pre- 
sents, 64,  257  i. 

,  . . . . ,  concerning  pir- 
acies against  Spaniards,  361. 

,  . . . . ,  . . . . ,  for  sending 

accounts  of  revenue,  and  quit- 
rents,  63,  128. 

,  . . . . ,  .  . . . ,  relating  to  War 

with  Spain,  780,  791,  803,  804, 
813  i,  814. 

,  . . . . ,  . . . . ,  report  upon  French 

designs  and  settlements  re- 
quired from,  256,  334,  344,  402, 
419,  450,  699,  723. 

,  . . . . ,  . . . . ,  . . . . ,  reply  to, 

600,  657,  699,  700,  723,  800. 

,....,  power  of  pressing  seamen, 

report  upon,  215,  471. 

,  printed  copies  of  Acts 

for,  147. 

,  import  duties  on  foreign 

goods,  450. 

,  iron  in.    See  iron. 

,  lands  in,  extravagant  grants 

of,  evil  of,  144,  144  i. 

,  .  . . . ,  . . . . ,  instruction  to 

restrain,  144,  144  i. 

,  . . . . ,  grants  of,  return  of, 

required,  128. 

,  manufactures  in,  819. 

,  map  of,  85. 

,  maps  of,  proposal  for,  144. 


GENERAL  INDEX. 


517 


Plantations,  The — cont. 

,  Naturalization  in,  Act  for,  785. 

,   . . .  . ,  privileges  of,  785. 

Patent   Officers   in,    89,    123, 

154,    210,    229,    272,    274,    284, 

646,  805  ;   and  see  under  separ- 
ate Colonies. 
,      appeal      concerning 

(Jam.),  218  i. 

,  . . . . ,  bargaining  for  commis- 
sions, 822. 
,     . . . . ,     fees    of     (Barbados), 

petition  concerning,  210,  229. 
,    . . . . ,  instruction  concerning, 

(Jam.),  144  I. 

, ,  objection  to,  284. 

,     . . . . ,     . . . . ,    suspension    of, 

instruction  concerning,  144. 
,    pirates    in,    commissions    for 

pardoning  and  trying  etc.    See 

Pirates. 
,  posts  established  in  Virginia 

etc.,  568. 
,  . . . . ,  objection  to,  568  ;    and 

see  Mass.  Bay. 
,      Proprietary      and      Charter 

Governments,     Act    for    better 

regulating,  clause  proposed  for, 

823. 
, Acts  not  submitted  by, 

inconvenience  of,  493. 
,     . . . . ,     prejudicial     to 

British  trade,  passed  by,  493. 
,  . . . . ,  Crown  governments  pre- 
ferred to,  516. 
,     Crown      Officers     in, 

hostility  to,  616. 

,  . . . .,  objections  to,  493,  543. 

,  . . . . ,  resumption  of,  to  Crown, 

urged,  493,  525. 

, ,  weakness  of,  660. 

,  quit-rents  in,  7  i. 

.......    . . . . ,   accounts   of,   required, 

128. 
. . . . ,     N.Y.,     recovered     in 

Court  of  Chancery,  317,  603  in. 
,    Receiver    General    of.       See 

Blathwayt,  W. 

,  Revenue,  accounts  of,  193. 

, , ,  required,  128,  133. 

,  . . . . ,  Auditor  General  of.    See 

Walpole,  Horatio. 
,  seals,  new,  for,  127,  150,  151, 

358. 
,  warrants  for  using, 

127,  135  ;    and  see  under  separ* 

ate  Colonies. 

,  ship  building  in,  85. 

,  (Mass.),  85. 

stores    of    war,    accounts    of, 

(N.E.),  193,  193  i-m. 
request      for 

(Bahamas),  737  vi. 

, . .,  (Jam.)  681,  681  vi. 

, , ,  L.I.,  171,  200,  202. 


Plantations,  The — cont. 

,  sturgeon  in,  patent  for.  See 

Sturgeon. 

,  sugar  etc.,  foreign,  taxation  of 

imported  into,  227,  277  ;  and 
see  Barbados  ;  Leeward  Islands. 

,  . .  .  . ,  frauds  in,  pre- 
vention of,  277. 

,  Surveyor  General  of,  pro- 
posed, 144. 

,  taxation  by  Parliament,  right 

denied,  568. 

,  trade  by  foreign  ships  for- 
bidden, 633. 

,  trade  with  foreign  Plantations 

by  British  ships  not  prohibited 
by  law,  633. 

, enquiry  concerning,  636, 

637,  692. 

,  prohibited  by  Treaties, 

633. 

,  .  . . . ,  instruction  for  discourag- 
ing, 633,  739. 

trade  with  French  and  Dutch 

W.I.,  prohibition  of,  orders  for, 
193,  227,  227  i. 

,   . . . . ,  . . . . ,  proposed,  534. 

, , ,  effects  of,  534. 

,  Spanish,  227  ;  and  see 

Trade. 

,  Trade  and  shipping,  Act 

giving  preference  to  Jamaican, 
objection  to,  272. 

,  . . . . ,  instructions  con- 
cerning, 272. 

,  treason,  law  of,  in  the,  615, 

627. 

,  whale  fishery,  licences,  opinion 

on,  478  ;  and  see  New  York. 

,  wool  seized  in,  trial  of,  in 

Admiralty  Courts  urged,  85. 

Plowman,  John,  262. 

,  petition  of,  for  patent  for 

sturgeon,  222  i. 

, , ,  referred,  222. 

,   .  . . . , report  upon,  480. 

Pocheet,  Dago,  692  vi-vin. 

Political  State,  The,  quoted,  800. 

Poole,  Sir  William,  798. 

Popple,  William,  Secretary  of  the 
Council  of  Trade  and  Planta- 
tions, letter  from,  9,  58,  70- 
72,  94,  96,  106,  133,  147,  150, 
155,  162,  171,  182,  184,  187, 
199,  202,  205,  212-214,  216, 
217,  221,  226,  229,  232,  239, 
241,  243,  245,  249,  253,  263, 
265,  282,  300,  304,  308,  317, 
355,  374,  375,  381,  387,  388, 
401,  407,  408,  414,  415,  418, 
420,  424,  427,  429,  430,  451, 
461,  463,  465,  467,  468,  473, 
475,  482,  486,  488,  498,  512, 
513,  531,  546,  561,  562,  564, 
576,  577,  608,  610,  623,  633, 


518 


GENERAL  INDEX. 


Popple,  William,  letter  from — cont. 

634,  636,  648,  656,  659,  668, 
678,  686,  706,  708,  710,  715, 
726,  731,  734,  741,  747,  755, 
764,  771,  772,  784,  785,  795. 
....,letterto,ll,12,  14,23,  95, 
99,  107,  108,  110,  112,  115,  129, 
131,  164,  173,  177,  183,  188, 
190,  194,  195,  198,  204,  206, 
207,  223,  231,  236,  242,  244, 
246,  248,  250,  251,  261,  267, 
270,  274,  277,  280,  283,  315, 
341,  352,  373,  382,  383,  384, 
386,  394,  421,  440,  452,  457, 
458,  464,  472,  478,  481,  489, 
495, '503-506,  511,  521,  524, 
538,  544,  552,  553,  563,  567, 
578,  596,  602,  616  vn,  617,  621, 
624,  626,  655,  658,  664,  669, 
675,  682,  688,  689,  691,  698, 
705,  711,  712,  714,  716-718, 
721,  724,  728,  732,  739,  751, 
758,  759,  762,  776,  788,  806, 
812,  813. 

,  .  . .  . ,   present   to,  from   Gov. 

Hamilton,  691. 

, salary  of,  233,  533. 

,  .  .  .  . ,  thanks  and  acknow- 
ledgments of  Governor  Hunter 
to,  112,  223,  236,  633,  691, 
718. 

,  Mrs.,  691. 

Porteous,  — ,  proposed  for  Council, 
Va.,  799. 

,  . . . . ,  . . . . ,  objection  to,  799. 

Porto  Bello,  131  v. 

Porto  Rico.     See  Puertorico. 

Port  Royal.  See  Jamaica  ;  and  Nova 
Scotia,  Annapolis  Royal. 

Portugal,  trade  with  Maryland,  289. 

, ,  Newfoundland,  798. 

,  New  Hampshire,  796. 

,   . . . . ,   . . . . ,  accounts  of,  810, 

810  m. 

,  objection  to,  810. 

Post,  establishment  of,  in  America, 
568. 

, ,  Act  for,  568. 

,     . . . . ,     . . . . ,     objection     to, 

568. 

,  ....,  in  N.E.,  317,  650,  735. 

Post  Master  General,  of  America, 
commissions  issued  by,  568  ; 
and  see  Hamilton,  John. 

,  proclamation  by,  568. 

,    Secretary    of.        See    Lloyd, 

John. 

Postilion,  pirate  ship,  797  n. 

Potash,  819. 

Poxon,  John,  plantation  of,  petition 
for,  30,  30  i. 

Poyntz,  Deano,  Depty.  Auditor,  Jam., 
document  signed  by,  566  u. 

Pratter,  — ,  Agent  of  South  Sea  Co., 
letter  from,  20G  I. 


Prerogative  of  the  Crown,  infringement 
of  (Antigua),  532,  568,  722,  802. 

f    ,  (Jam.),    89,    108,    144, 

168,  272. 

t    .  . . . ,    .  . . . ,   instruction  con- 
cerning, 272,  313. 

, ,  (Mass.),  616,  617. 

,..., ,  (N.H.),  615. 

,   (Va.),  456,  657. 

Pressing  of  seamen,  question  of,  con- 
sidered, 471. 

report  upon,  215. 

Pretender,  The,  success  of,  rumoured 
in  Nova  Scotia,  185. 

Pridoaux,  Sir  Edmund,  761. 

Prissick,  Capt.,  Christopher,  letter 
from,  129. 

, ,  letter  to,  513. 

PRIVY  COUNCIL,  THE,  Clerk  of.  See 
Hales,  Robert ;  Southwell, 
Edward  ;  Vernon,  James. 

,  orders  in  ;    see  George,  King  ; 

George,  Prince  of  Wales. 

,  Committee  for  hearing  appeals 

etc.  from  the  Plantations,  633. 

, order  by,  499,  554. 

, ,  appeal  to,  79,  87. 

,    order    by,    concerning 

New  York,  453. 

, ,  letter  from,  790. 

, ,  letter  to,  501,  528. 

,  . . . . ,  logwood  cutting  sanc- 
tioned by  (1673),  104  I. 

,  . . . . ,  reference  to,  587. 

,    .  .  . . ,  representation  to,   390, 

603  m,  692  in,  724  n,  m. 

,  Office,  fees  for  Acts,  488. 

Proctor,  Samuel,  document  signed  by, 
413. 

Proprietary  Governments.  See  under 
Plantations. 

Provost,  Samuel,  document  signed  by, 
516  i. 

Puertorico,  298,  298  m,  442, 551,  738  v, 
818  i. 

,  Governor  of,  526. 

, ,  letter  to,  494  in,  526  i,  v, 

652. 

Pullen,  George.  See  Antigua,  Act  to 
indemnify  A.  Browne  etc. 

Pulteney,  Daniel,  a  Lord  Commissioner 
for  Trade  and  Plantations,  233, 
625. 

Purcell,  Col.,  appointment  of,  to  Gov- 
ernorship of  L.I.,  rumoured,  438. 

,     Martin,     Lt.     Governor     of 

Placentia,  Commission  of,  39. 

,  letter  to,  318. 

,  .  . .  . ,  petition  of,  312  i. 

,  . . . .,   . . . .,  referred,  312. 

,   .  .  . . ,   .  . .  . ,  report  upon,  319. 

,  . . . . ,  services  of,  312  i. 

Pusey,     William,     recommended     for 

Council,  Jam.,  749,  756,  765,  766. 

, appointed,  768,  774. 


GENERAL  INDEX. 


519 


Quakers,  Antigua,  297. 

,  (N.J.).  See  New  Jersey,  Act 

for  solemn  affirmation  by. 

,  Va.  See  Virginia,  Act,  pro- 
hibiting unlawful  assembling  of. 

Quintor,  Hendrick,  pirate,  trial  of, 
575,  575  i. 

Quit  rents,  N.Y.,  516,  650  ;  and  see 
New  York. 

,  required,  408. 

,  Va.,  15,  15  i-m. 

, ,  account  of,  422,  422  I, 

657,  657  v. 

,  reluctance  to  pay,  422  ;  and 

see  under  separate  Colonies. 


R 


Rainsford,   Henry   (Va.),   annuity   of, 

422  i. 

Ranger,  pirate  ship.  See  Vane,  Charles. 
Ravell,  Daniel,  Councillor,  Montserrat, 

leave  of  absence,  797. 
Rawleigh,    Benjamin,    deposition    of, 

359  x. 

Rawlings,  Henry,  proposal  of,  25. 
Read  (Reid),  John,  document  signed 

by,  516  i. 
,       . . . . ,      recommended      for 

Council,  N.J.,  12,   194,  739. 
Reading  (Reiding),  John,   Councillor, 

N.J.,  death  of,  194. 
,     . . . . ,    jr.,     recommendation 

of,  for  Council,  N.J.,  739. 
Rebellion  ;    failure  of,  congratulatory 

address  upon,  340  i. 
Reed,  Dennis,  certificate  by,  43  i. 
Renslaer,  Councillor,  N.Y.,  112. 
Reynders,    Barent,    document   signed 

by,  516  i. 

Reynolds,  Capt.,  R.N.,  141,  271. 
,     Thomas,     Provost    Marshal, 

Barbados,  petition  of,  210,  229. 

,  . . . . ,  . . . . ,  report  upon,  259. 

. . , , ,  withdrawn,  269. 

Rezen,  Commander  Van  der  Heyden, 

letter  etc.  from,  316,  316  i-xxm, 

443,  443  i,  444,  455,  455  i-vu, 

693,  778,  811. 

,  . . . . ,  letter  to,  725  II. 

,  . . . . ,  instructions  by,  693  II. 


Rhett,  William,  Surveyor  of  Customs, 
Carolina,  letter  from,  452  i, 
489. 

, , ,  referred,  452,  463. 

,  report  upon,  514. 

,  . . . . ,  letter,  warrant,  to, 

630-632,  697. 

,  . . . . ,  expedition  against  pir- 
ates commanded  by,  730,  787. 

RHODE  ISLAND,  Acts  repugnant  to  the 
Acts  of  Trade,  complaint  con- 
cerning, 759. 

, affecting  Crown  officers, 

759. 

,  Charter  of,  pleaded,  700. 

Council  and  Assembly  of,  700. 

,  Customs,  Collector  of,  575  ; 

and  see  Kay,  Nathaniel. 

,  Governor  and  Council  of, 

letter  to,  804. 

,  . . . . ,  instructions  to,  for  pre- 
vention of  trade  with  French, 
193. 

,  Militia,  command  of,  refused 

to  Governor  of  N.E.,  700. 

,  pirates,  commissions  for  try- 
ing, 405. 

,  ship  captured  by  pirates, 

797  i. 

,  wool  clip  in,  620. 

, ,  export  of,  620. 

Ricard,  John,  Capt.,  privateer,  com- 
mission of,  760. 

Richards,  — ,  pirate,  ship  captured  by, 
660. 

,  Major  General,  550. 

Richardson,  John,  document  signed 
by,  438,  439. 

Risby  (Risbee),  James,  Jam.,  322. 

,....,  proposed  for  Council,  116. 

,  . . . . ,  removed,  144. 

Rising  Sun,  pirate  ship,  797  i,  v. 

Robertson,  Robert,  plantation  of, 
petition  of,  30,  30  I. 

,  William,  Clerk  of  Council,  Va., 

588  i. 

,  . . . . ,  document  signed  by, 

779. 

Robinson,  John,  proposed  for  Council, 
Va.,  588. 

,  John.     See  London,  Bishop  of. 

,  Jos.,  document  signed  by, 

516  i. 

Rodeney,  Caesar,  document  signed  by, 
413. 

Rogers,  Woodes,  Capt.,  Governor  of 
the  Bahama  Islands,  423,  471. 

, appointment  of,  64. 

, arrival  of,  at  New  Provi- 
dence, 737. 

, ,  expected,  556. 

,    .  . . . ,    certificate    by,    737    v, 

VIII. 

.......  ....,  character  of,  testi- 
monials to,  64,  286. 


520 


GENERAL  INDEX. 


Rogers,  Woodes— cont.  Rule,       James,       recommended       for 
, Commission  of,  64,  220,  Council,  Jam.,  53. 

220  -i,  305,  314.  Russ,  John,  document  signed  by,  399. 
,....,    . . . . ,   despatch   of,   re-  Russeck,  261. 

quested,  255.  Russell,  Edward,  Earl  of  Orford,  First 
,....,....,  proposal  for  signing,  Lord  of  the  Admiralty,  617. 

before  completion  of  surrender  Rutherford,    William,    deposition    of, 

of  Government,  183.  737  in. 
,     ,    rejected,  Rye,  H.M.S.,  394,  758  I. 

184. 
,     . . . . ,     . . . . ,    as    Captain    of 

Independent  Company,  64,  167. 
,  . . . . ,  . . . . ,  for  trying  pirates, 

question  of,  807. 
,    . . . . ,    Company   formed    by, 

252. 
,  . . . . ,  danger  of,  from  pirates,  S 

556. 
,    . . . . ,    departure   of,    urgent,  St.  Augustine,  423. 

255.  Spaniards  at,  enemy  Indians 

, illness  of,  737.  encouraged   by,    556;     and  see 

,  .  . . . ,  Instructions  of,  64,  220,  Carolina. 

220  n,  305,  353.  ST.    CHRISTOPHER    (St.    Kitts),    551  ; 
,    . . . . ,    . . . . ,  despatch  of,  re-  and   see   Hamilton,    W.  ;     Lee- 
quested,  255.  ward  I. 
,    . .  . . ,  of   Governor    of         ,    Act,    ascertaining    bounds    in 

Jamaica  supplied  to,  220  n.  late  French  ground  etc.,  criticism 
,     ....,    lease    of    Proprietors'  of,  570  I  (c). 

rights  assigned  to,  183.  ,....,  to  empower  the  Surveyor 

,    ....,   letter  from,   287,    737,  to    turn    path    etc.,    confirmed, 

807.  336,  408. 
,   . . . . ,  message  to,  from  Gov-         ,   . . . . ,   . . . . ,  report  upon,  99, 

ernor  Sir  N.  Lawes,  421.  158. 
,    . . . . ,   Officers  appointed  by,         ,   . . . . ,  referred,  72. 

737.  ,    ....,  for   laying   a   duty   on 

,  . . .  . ,  petition  of,  report  upon,  sugars    exported    to    any    other 

64.  island  in  this  Government  etc., 

,  . . . .,  welcome  of,  737.  570  I  (c). 

Rolfe,  John,  protest  by,  252  n  ;    and         , ,  to  prevent  danger  by  fire, 

see  Nue.stra  Senora  de  Belem.  confirmed,  336,  408. 

Rolland,  John,  document  signed  by,         ,  . . . .,  .  . . .,  report  upon,  158. 

516  i.  t  for    raising    a    tax    on 

Roman  Catholics ;    and  see  Antigua,  trade    etc.,    objection    to,    171, 

Act  to  prevent  increase  of.  570  I  (c). 
,    debarred    from    purchase    of         , ,  regulating  fees,  570  I  (c). 

French  lands  in  St.  Kitts,  7  I,          , ,  for  settlement  of  Militia, 

156  i.  570  i  (C). 

Maryland,  288,  289.  ,    for  settling  estates,  ob- 

»  Missionaries,  orders  restrain-  jections  to,  408. 

ing,  requested,  565  v.  ,    ,    ,    new,    proposed, 

Roscow,    J.,    Receiver    General,    Va.,  408. 

document    signed    by,    406    i,         ,  Acts  of,  collection  of,  required, 

Rose,  H.M.S.',  737,  807.  Agent  of,  408. 

Rose,      Francis,      recommended      for         ,  Assembly  of,  692. 

Council,  Jam.,  53.  Journal   of,    transmis- 

• .»  y  ••»  aPP°lnted»  *44.  sion  of,  required,  736,  736  n. 

Rounsivell,    George,    pirate,    reprieve         ,    ....,     representation    in,    of 

of,  recommended,  807.  late  French  part,  156  i. 

Rowland,  Charles,  grant  of,  continued revision  of  Act  recom- 

51*'  mended  to,  408. 

Dr-»  298  ™.  Basseterre,  72. 

» nephew   of,  pirate,  298         , ,  houses  and  value  of,  6  ; 

„     ,    m*  and  see  lands  in  former  French 

Roxburghe,  Duke  of.     See  Ker,  John.  part  of. 


\ 


GENERAL  INDEX. 


521 


St.  Christopher — cont. 

Blanco,  ship,  case  of,  742. 

, sale  of,  account  of,  742 

xv. 

Brimstone  Hill,  298. 

,  . . . . ,  fortification  of,  taxation 

for,  48. 

,  capture  of,  298. 

,  Charles  Fort,  134  I. 

,    Chief   Justice   of,   dismissed, 

134  ;   and  see  Crooke,  Clement ; 

Mills,  Mathew. 

,  Clay  Hill,  72. 

,  Council  of,  298,  692. 

,  . . . . ,  Minutes  of,  transmission 

of,  required,  736,  736  n. 

,   . . . . ,  vacancies  in,  570. 

,  . . . . ,  . . . . ,  notice  of,  required 

from  Governor,  570. 

,    ,  reported,  736. 

,  Councillors,  736,  797. 

,  . . . . ,  absentee,  797. 

,   . . . . ,  deceased,  559. 

,   persons   proposed   for, 

559. 
...•...,  Court  of  Admiralty,  Judge  of. 

See  Woddrop,  William. 
.......     ship    condemned     in, 

134. 

,  escheats,  return  of,  408. 

,   fees,   Act    regulating,    570    i 

(c). 
,  fortifications,  Act  laying  duty 

for,  570  i  (c). 

,  4£  p.c.  duty  in,  7  i. 

,  French  Protestants,  to  retain 

grants,  7  i,  156  i;  and  see  lands 

in. 

,  Governor's  visit  to,  298. 

,    house,    thatched,    Act    pro- 
hibiting, 158. 
,  hurricane,  damage  to  shipping 

by,  40,  692. 
inhabitants,    certificate    by, 

61  n. 
,     . . . . ,     migration     to     Crab 

Island,  etc.,  40,  48. 
,    ,   prohibited,   329, 

691,  692,  692  i. 

invasion  of,  by  French,  40. 

,    . . . . ,    grant  in  aid  to 

sufferers  from,  6,  510. 
,  petition  concern- 
ing, 794. 
,    application    to 

Parliament    concerning   deben- 
tures, 762. 
,  lands  in,  escheated,  grants  of, 

return  of,  required,  408. 
,  lands  in  former  French  part 

of,    Act    ascertaining    bounds, 

570  i  (c). 

,  . . . . ,  4£  p.c.  duty,  7  i. 

,  grants  of,    16,   46,   48, 

74,  74  i,  156,  610,  692  n. 


St.  Christopher,  lands  in  former  French 
part  of,  grants  of — cont. 

,  continued,  7  i, 

74,  134  vi-ix,  574,  816,  817. 

, ,  account  of,  692, 

692  n,  v. 

,  . . . . ,  ,  imperfect, 

691. 

,  . . . . ,  . . . . ,  Proclamation 

ordering,  691,  692,  692  iv. 

, required,  408. 

,  . . . . ,  . . . . ,  limitation  of,  pro- 
posed, 7  i,  83,  92,  93. 

, ,  petition  concern- 
ing, 16,  26,  26  i,  n,  27,  29-33, 
60  i,  n,  61  i,  n,  203  i,  260, 
265. 

,     . . . . ,    . . . . ,    . . . . ,    referred, 

60,  61,  203  ;    and  see  Assaillie  ; 
Duport,      S.  ;       Milliken,      J.  ; 
Stoddart,  C.  ;    Codrington,  W. 

,  . . . . ,  . . . . ,  rule  followed  by 

Governor  Hamilton,  441. 

,  ,  to  poor  settlers, 

441. 

, ,  small  plantations 

gratia,  proposed,  7  i,  156  i. 

. ,  ,  to  French  Pro- 
testants, 66,  74,  134  vi-ix. 

,  . . . . ,  . . . . ,  continued,  7  i, 

156  i. 

,  . . . . ,  ....*,  to  inhabitants  of 

Virgin  Islands,  proposed,  157, 
191,  231,  298,  329,  442,  560, 
692,  692  i. 

,  . . . . ,  houses  in,  74  i. 

,  parishes,  proposed,  156  i. 

,  . . . . ,  plantation  of  Pensez-y- 

bien,  46. 

,  . . . . ,  order  concerning,  816. 

,  . . . . ,  planters  in,  list  of, 

74. 

,  . . . . ,  proposals  for  purchase 

of,  6,  16,  17,  21,  24-33,  41-48, 

61,  62,  82,  83,  92,  93,  145,  146, 
205. 

,  . . . . ,  . . . . ,  advertisements  for, 

7. 
,  . . . . , in  gross,  objection 

to,  83. 
, ,   . . . . ,  report  upon,  71, 

156. 
purchases    of,  limited, 

156  i. 
,     . . . . ,     quality    of,    enquiry 

concerning,  652. 
,     quit-rents,    proposed, 

7  I,  156  i. 
,     restored     to     former 

owners,  510. 
,    representation    of,    in 

Assembly,  156  i. 

,  Roman  Catholics  de- 
barred from  purchasing,  7  i, 

156  i. 


522 


GENERAL  INDEX. 


St.  Christopher,  lands  in  former  French 

part  of — cont. 

. . . . ,  sale  and  settlement  of, 

conditions  proposed  for,  7,  7  I, 

48,  48  i,  156,  156  I,  692. 

,     . . . . ,    enquiry 

concerning,  204. 
, , , ,  reply 

to,  205. 

,  report  upon, 

"l56,  329. 

9  . . . . , ordered,  34. 

f   . . . . ,   . . . . ,  instructions  con- 
cerning, 329. 
.    . . ,    . . . . ,    salt    ponds,    common, 

7  i,  156  i. 
. . ,     . . . . ,     smallholders     to     be 

secured,  83,  92,  93. 

,  . . . . ,  survey  of,  needed,  7. 

,  . . . . ,  Surveyor  for,  proposed, 

156,  156  i. 
,     . . .  . ,    taxation    of,    without 

representation,  complaint  con- 
cerning, 48. 

,  . . . . ,  value  of,  6,  34. 

,  Lt.  Governor  of.  See  Matthew, 

Wm. 
Militia,  Act  for  settling,  570 

i  (c). 

,  negroes,  134  i-v,  325,  510. 

,    . . . . ,  taxation  of,  complaint 

concerning,  48. 
,     pirates     infest     coast,     298, 

797. 
,  . . . . ,  sloop  captured  by,  298, 

298  m. 

quit-rents  in,  7  i. 

,     . . . . ,    return    of,     required, 

408. 
,    trade,    illegal,    French    ship 

seized  for,  134. 
,    trade    and    shipping    of    Gt. 

Britain,   Act  taxing,   objection 

to,  171. 

,   . . . . ,   . . . . ,  instruction    con- 
cerning, 171. 
,      Treasurer.       See      Crooke, 

Clement. 
,  white  servants,  to  be  employed 

on  former  French  lands,  156  i. 
St.  Croix,  R.    See  Nova  Scotia. 
Sta.  Cruz.    See  Virgin  Islands. 
St.  Eustatia,  I.,  capture  of,  298. 
,  Governor    of,  deserters  from 

L.I.  harboured  by,  797. 

trade  with  L.I.,  797. 

,     in    negroes,    question 

concerning,  692. 
St.  John,  Henry,  Viscount  Bolingbroke, 

6. 

, ,  letter  to,  230. 

St.  John's  I.    See  Virgin  Islands. 

St.  Juan  de  Porto  Rico.    See  Puertorico. 

S.  Juan  Baptista,  10  n. 

St.  Kitts.    See  St.  Christopher. 


St.  Lawrence,  R.    See  Canada. 

Sta.  Lucia,  French  settlement  on, 
intended,  representation  con- 
cerning, 64. 

St.  Peter's  I.    See  Virgin  Islands. 

St.  Thomas  I.    See  Virgin  Islands. 

St.  Vincent,  797  iv. 

Sacco,  283. 

Sackrehock,  R.,  261. 

Sadler,  John,  Councillor,  Jam.,  ap- 
pointed, 144. 

Sagadehoc,  R.,  261. 

Sales,  Pierre,  complaint  by,  579  i. 

,  . . . . ,  .  . . . ,  referred,  579. 

Salisbury,  Bishop  of,  recommendation 
by,  448. 

Salt  Islands,  406. 

Saltertudas.  .  See  Tortuga. 

Salter,  William,  Councillor,  Bahamas, 
737. 

, ,  death  of,  737. 

Samana  Bay,  rendezvous  of  pirates, 
797  n. 

Samuel,  ship,  737,  807. 

,  sloop,  captured  by  pirates, 

551  vi. 

Sanders  (England),  Ann,  case  of, 
134  m. 

Sanderson,  Bartholomew,  document 
signed  by,  413. 

San  Francisco  de  Campechy,  104  i. 

Satur,  Thomas,  document  signed  by, 
399. 

Saura,  Don  Juan,  letter  from,  548. 

Scandrett,  Christopher,  document 
signed  by,  413. 

Scannell,  Dav.,  certificate  by,  43  n. 

Scarborough,  H.M.S.,  442,  494  i,  n, 
526  ;  and  see  Hume,  Capt. 

,  . . . . ,  action  with  pirates,  298, 

742. 

Schuyler,  Col.  Peter,  N.Y.,  Commis- 
sioner for  Indian  Affairs,  letter 
from,  578  i. 

,   Councillor,  N.Y.,  112. 

,  Philip,  document  signed  by, 

516  i. 

Scott,  Thomas,  Capt.,  R.N.,  Commo- 
dore of  Newfoundland  Convoy, 
instructions  for,  394,  440. 

,  . . . . ,  letter,  report  from,  751, 

758  I. 

,  . . . .,  orders  by,  751,  751  n. 

Seaburne,  John,  plantation  of,  petition 
concerning,  30,  30  I. 

Seaford,  H.M.S.,  298,  442. 

Seals,  new.     See  Plantations. 

Secretary  at  War,  report  by,  285. 

report  to,  392  n. 

Sergison,  Charles,  Commissioner  of 
the  Navy,  document  signed  by, 
386. 

Shannon,  Nathaniel,  letter  from,  782 
i,  n. 

, ,  . . . . ,  referred,  782. 


GENERAL  INDEX. 


623 


Shard,  Robert,  petition  of,  222  i. 

, referred,  222. 

, , ,  report  upon,  480. 

Shark,  H.M.S.,  737. 

Sharp,  Capt.,  624  i. 

Sharpe,  Henry  (Jam.),  131  v. 

Sheerness,  H.M.S.,  260. 

Shelton,  Richard,  Secretary  to  the 
Lords  Proprietors  of  the 
Bahama  Islands,  document 
signed  by,  773. 

,  ,  letter  from  183,  504, 

505,  697,  814. 

, ,  letter  to,  58,  184,  486, 

504  i. 

Shepheard,  Samuel,  Deputy,  South 
Sea  Co.,  document  signed  by, 
178  i,  286. 

Shepherd,  Humphrey,  grant  of,  con- 
tinued, 574. 

Sheriff,  William,  Commissary  of 
garrison,  Annapolis  Royal, 
commission  of,  523. 

Shipscot,  R.,  261. 

Shuan,  John,  pirate,  trial  of,  575, 575 1. 

Shute,  Samuel,  Governor  of  Massa- 
chusetts Bay  and  New  Hamp- 
shire, 735. 

,  command  of  Rhode 

Island  militia  in  time  of  emer- 
gency refused  to,  700. 

,  . . . . ,  commission  by,  783. 

,  . . . . ,  commission  of,  for  par- 
doning pirates,  683. 

,  . . . . ,  . . . . ,  for  trying  pirates, 

question  of  validity  of,  419, 
656,  659. 

» , ,  reply 

to,  658  ;  and  see  Plantations, 
The,  Governors  of. 

, conference  with  Eastern 

Indians,  193. 

,  . . . . ,  Instructions  of,  706. 

, ,  compliance  with, 

ordered,  419. 

, ,  communicated  to 

Council,  544. 

,  . . . . ,  . . . . ,  concerning  Acts 

affecting  trade  and  shipping, 
90  i,  111,  142. 

,  . . . . ,  . . . . ,  concerning  French 

on  Mississippi,  419. 

,  . . . . ,  . . . . ,  trade  with  Madeira 

etc.,  419. 

,  . . . . ,  . . . . ,  concerning  naval 

stores,  419. 

,  ......  . . . . ,  concerning  pre- 
servation of  the  woods,  755. 

; ,  ,  letter  from,  193,  575, 

656,  658,  700. 

,  . . . . ,  letter,  memorial,  to, 

419,  616,  616  i-m,  v,  700  i. 

,  . . . .,  proclamation  by,  193. 

,  Rhode  Island  visited  by, 

700. 


Simms,  George,  564. 

,  Henry.     See  Antigua,  Act  to 

enable  A.  Freeman. 

Singin,  Timothy,  deposition  of,  729  (6). 
,    document    signed    by, 

192. 

Skarrot,  Peter,  certificate  by,  43  n. 
Skerret,  Thomas,  petition  of,  309. 
Skene,  A.,  Councillor,  Car.  S.,  docu- 
ment signed  by,  730,  787. 
Skipwith,    Sir    Fullivar,    guardian    of 

Lord  Craven,  documents  signed 

by,     176,    630-632,    687,    695, 

696. 

Skoolkill  Creek,  177  i. 
Smith,  — ,  Rt.  Hon.,  letter  to,  815. 
Christopher,      Capt.,      Va., 

deputy    for    India    Conference, 

101  i. 

,  Daniel,  Lt.  Gov.  of  the  Lee- 
ward Islands,  441. 

, ,  grant  by,  29. 

Lt.   Governor,   of    St. 

Kitts,  letter  from,  31. 
,    proposal   to    purchase 

plantation,  45. 

, ,  services  of,  45. 

,   James,  Secretary,   N.J.,  Act 

reducing     fees     of,     complaint 

concerning,  284. 
, ,  memorial,  petition,  by, 

284,  764. 

John,  Councillor,  Va.,  799. 

,   . . . . ,  dismissal  of,  proposed, 

588. 
,    St.    Kitts,    document 

signed  by,  438,  439. 

, ,  grant  of,  657  iv. 

, ,  letter  from,  31. 

, ,  proposal  submitted  by, 

25,  27. 
,  Michael,  document  signed  by, 

438,  439. 

,  Thomas,  receipt  by,  670. 

,     William,     N.  Y.,     document 

signed  by,  516  i. 
Snow,  H.M.S.,  78. 
Sohlenthal,  Baron  de,  Danish  Envoy, 

memorial  by,  593  i,  652,  818  i. 

,  . . . . ,  . . . . ,  referred,  593. 

, ,  reply  to,  628  i. 

Solicitor  General,   The,   consulted   by 

Board  of  Trade,  409  ;    and  see 

Thomson,  Sir  Wm. 
,  Counsel  to  relieve,  proposed, 

409. 

, ,  appointed,  496,  502. 

Somerset,  Henry,  Duke  of  Beaufort, 

a     Lord     Proprietor     of     the 

Bahama  Islancls,  a  minor,  176. 
,    . . . . ,    document   signed    for, 

176,  360  i,  630-632,  687,  694- 

696. 
Sonmans,     Peter,     Councillor,     N.J., 

reprimand  of,  request  for,  112. 


524 


GENERAL  INDEX. 


Soulegre,  Peter,  grant  of,  continued, 
574. 

,  . . . . ,  proposal  by,  29. 

South,  Humphry,  letter  from,  26,  30. 

,  Robert,  letter  from,  26,  30. 

,  Thomas,  pirate,  trial  of,  575, 

575  I. 

Southack,  Cyprian,  Capt.,  letter  from, 
351  i. 

f  . . . . ,  map  of  Nova  Scotia  by, 

789. 

petition  of,  351  I. 

t  . . . . ,  Fort  St.  Louis  captured, 

351  i. 

Southmead,  Arnold,  164. 
South    Sea    Co.,    Agents    of    (Jam.), 
letter  from,  206  i,  207  n,  272. 

,  Asiento  ships  sent  to  Barbados, 

272. 

, ,  trade,  196. 

,  Directors  of,  letter  to,  206  i, 

270  n. 

petition  etc.,  of,  against  duty 

on  negroes  exported  from 
Jamaica,  178  i,  n,  206,  206  i. 

, , ,  reply  to,  196. 

,  . . . . ,  . . . . ,  instruction  con- 
cerning, 313. 

,  . . . . ,  . . . . ,  report  upon,  272  ; 

and  see  Jamaica,  Act  laying 
duty  on  negroes. 

,  Secretary  of.    See  Ury,  John  ; 

Wescomb,  Daniel. 

,       Sub -Governor       of.        See 

Bateman,  Ja. 

Southwell,  Edward,  Clerk  of  the  Privy 
Council,  document  signed  by, 
137,  160,  172,  234,  264,  301, 
302,  305,  306,  336,  337,  360-368, 
379,  445,  453. 

SPAIN  AND  THE  SPANIARDS.  See  also 
Cuba  ;  Hispaniola  ;  Campeche  ; 
Jamaica  ;  St.  Augustine  ;  Valle, 
Don  Juan  ;  Asiento,  the. 

,  Bahamas  and  Carolina,  attack 

upon,  prepared  by,  737,  797. 

,    British   ships   seized    by,    5, 

5  I,  54,  59,  104  i,  131  iv,  v, 
692,  692  vi-vm,  737,  737  m- 
v,  vii,  viii,  738,  738  vi,  806  i. 

,    . . . . ,   complaint   concerning, 

10,  10  i-vni,  65  i,  n,  350. 

,  referred,  65. 

,  list  of ,  65  in. 

,     . . . . ,    satisfaction    for,    de- 
manded, 64,  681  ix,  738  vi. 

,  . . . . , refused,  65  i. 

,  Crab  I.,  seized  by,  442,  692, 

797. 

,    . . . . ,   restitution  demanded, 

442,  563. 

, English  settlers  removed 

from,  298. 

,    galleons    and    flota,    pirates 

watch  for,  298  in. 


Spain  and  the  Spaniards,  galleons  and 

flota — cont. 
,    wrecks  of,  fishing  on, 

10  vi,  298  in. 
,  . . . . ,  . . . . ,  .  . . . ,  British  ship 

seized  for,  737  iv,  V  ;    and  see 

Hamilton,  Lord  A. 
,    guarda   costas,    depredations 

by,  681,  681  ix. 
,    . . . . ,    . . . . ,   reparations   for, 

demanded,  681  ix. 
,  logwood  cutters  in  Campeche 

Bay,  protest  against,  reply  to, 

104  i. 

, ,  dispersed  (1680),  104  i. 

,  Main,  trade  with,  681  m,  688. 

, ,  by  H.M.  ships,  566. 

,   negroes,   runaway,   protected 

by,  423,  525,  556. 
,  piracies  committed  on,  arrest 

for,  10  vi. 
,  by  Jamaican  privateers, 

complaint  of,  131  iv,  169. 
,    ,  enquiry  ordered, 

361. 
,    ,    ,    ,   reply   to, 

131  v. 
,   pirates   (Bahamas),   attacked 

by,  737. 

, ,  attack,  797  n. 

,     . . . . ,    watch    for    galleons, 

298  in. 
,    . . . . ,    at    Puerto    Rico.     See 

Puerto  Rico. 
,  privateers,  English,  suppressed 

by  English  Governors,  104  i. 
,  raid  by,  on  Bahamas  (1682), 

104  i. 

,  raids  by,  on  Jamaica,  65  i,  in. 

reprisals  against,  ordered,  780. 

,    St.    Augustine,    Indians   and 

slaves  from  Carolina  harboured 

by,  423,  525,  556. 
,    settlements    at,    660  ; 

and  see  St.  Augustine. 
,  St.  Thomas,  expedition  against, 

intended  by,  818  i. 
,    ships    seized.       See    Nuesira 

Senora  de  Belem. 
,   trade  with,   in   W.I.,   decree 

forbidding      without      licence, 

104  i.    I 
,   ,  227,  566,  660,  681  m, 

688. 

French,  389. 

,  . . . . ,  Jamaica,  750  i. 

, N.E.,  620  i. 

,    Newfoundland,   626   i, 

798. 
,    . . . . ,  New  Hampshire,   796, 

806  i,  810  n,  m. 

,  treachery  of,  737  IV. 

,  Treaty  with,  (1667),  104  i. 

,  (1670),  104  i. 

,  (Utrecht),  104  i. 


GENERAL  INDEX. 


525 


Spain  and  the  Spaniards — cont. 

war  with,  807. 

, ,  declaration  of,  803,  804, 

813  i,  814. 

by  France,  803. 

,    . . . . ,   rumours   of,    in    W.I., 

758  i. 

,    . . . . ,  Sir  G.  Byng's  victory, 

738. 

,  West  Indies,  description  and 

sailing  directions  of,  820. 

, decree  forbidding  trade 

with,  104  I. 

Spanish  Town.     See  Virgin  Islands. 

Spencer,  Charles,  Earl  of  Sunderland, 
letter  from,  8  i,  312,  328,  331, 
332,  392,  393. 

, ,  letter  to,  237,  296,  319, 

370,  409,  484. 

,  Thomas,  Councillor,  Bahamas, 

737. 

Spiegel,  H.  van  dam,  document  signed 
by,  516  i. 

Spooner,  John,  Solicitor  General,  L.I., 
recommendation  of,  691. 

Spotswood,  Col.  Alexander,  Lt.  Gov- 
ernor of  Virginia,  Addresses  to, 
in  favour  of,  568,  568  in,  799, 
800,  800  vi. 

,   . . . . ,  appointment  of  Courts 

by,  instruction  concerning,  334, 
422. 

,  . . . . ,  . . . . ,  judges  by,  com- 
mission empowering,  63. 

,  . . . . ,  . . . . ,  dispute  concern- 
ing, 207,  208,  213,  275. 

,  . . , . ,  . . . . ,  objection  to,  342  i, 

n. 

,   . . . . ,   . . . . ,  petition  against, 

342  i. 

,  . . . . ,  . . . . ,  . . . . ,  referred,  342. 

,    charges    against,    59 ; 

and  see  Ludwell,  Col. 

, reply  to,  568,  799, 

800. 

, ,   anonymous,  456. 

, , ,  reply  to,  63. 

, by  Assembly,  799, 

800,  800  ii,  m. 

, reply  to,  456. 

,    . . . . ,    . . . . ,    by    Councillors, 

588  i,  ii. 

,    . . . . ,   reply   to, 

456,  688,  588  i,  n. 

,    . . . . ,   collation   to   benefices, 

right  of,  challenged,  657. 

,  . . . . ,  . . . . ,  question  con- 
cerning, 731. 

,  . . . . ,  . . . . ,  instruction  con- 
cerning, 657  i. 

,  commended,  334. 

,    . . . . ,    Councillors,    dismissal 

of,  proposed  by,  688. 

,  . . . . ,  . . . . ,  reconciliation  with, 

attempts  at,  568,  588,  588  i,  n. 


Spotswood,  Col.  Alexander — cont. 

,  . . . . ,  document  signed  by, 

59  n-iv,  360  i,  657  v,  vi. 

expedition  against  pir- 
ates organised  by,  800. 

Governor  Hunter  visited 


by,  406. 


grants  of  lands  by,  657 


IV. 


. ,  . . . . ,  Indians,  Conference 
with.  See  Indians,  Delaware  etc. 

. ,  ,  ,  Five 

Nations  proposed,  568  n. 

. ,  . . . . ,  . . . . ,  Conference  with 
Governors  concerning,  59,  406. 

. ,  . . . . ,  instructions  by,  to  Capt. 
Beverley,  10  iv-vi. 

,  Instructions  of,  342  i, 

406. 

. ,  . . . . ,  . . . . ,  concerning  Act 
for  regulating  Indian  trade,  63. 

. ,  . . . . ,  relating  to  colla- 
tion to  benefices,  657  i. 

. ,  . . . . ,  . . . . ,  concerning  laws 
affecting  British  trade  and 
shipping,  90  I,  111,  142. 

. , ,  revocation  of,  re- 
quested by  Assembly,  568,  568 

IV,   V. 

. ,  . . . . ,  . . . . ,  relating  to  Courts, 

334. 
. ,    . . . . ,    ,   alteration 

of,  proposed,  422. 
, concerning  pirates, 

800. 
. ,   . . . . , ,  observance 

of,  avoided  by  Council,  456. 
. ,   ,  concerning  trade 

with  foreign  Plantations,  598. 
. , communicated  to 

Council,  456. 
. , iron  mines,  working  of, 

proposed  by,  800. 
. ,    . . . . ,  journeys  of,  allowance 

for,  refused  by  Assembly,  568, 

568  ii,  588  ii  (6). 
, ,    letter     from,     15,     15 

i-m,  58,  59,  64,  215,  406,  422, 

456,   568,   588,   657,   699,   723, 

799,  800. 

,, referred,  5  i,  668,  731. 

, , letters  to,  63,  207,   334, 

395,  588  n,  598,  689  i. 
,,...., receipt  for  dispatch 

of,  173  i. 
, ,  . . . . ,  opposition  to,  456,  699. 

,,. , ,  cause  of,  799,  800. 

, ,   . . . . ,   . . . . ,  led  by  Blair  and 

Ludwell,  799,  800. 
,  recall  of,  urged  by  Byrd, 

799,  800. 
,  pass  over  the  mountains 

discovered  by  (1716),  657,  800. 
. ,    . . . . ,    Proclamations   by,    59 

Ii-iv,  657,  657  n,  ill. 


526 


GENERAL  INDEX. 


Spotswood,  Col.  Alexander — cont. 

,  . . . . ,  proposals  by,  for  im- 
provement of  revenue  and  quit- 
rents,  422.  And  see  Va., 
Revenue  ;  quit-rents. 

salary  of,  422  n. 

,  . . . . ,  settlements  and  forts 

on  the  Great  Lakes,  proposed 
by,  657. 

,  . . . . ,  sloop  sent  by,  to  investi- 
gate pirates  and  Bahamas,  case 
of,  10,  10  i-vni. 

,  . . . . ,  speech  of,  to  Assembly, 

568,  568  n,  588  n  (6),  800  iv,  v. 

,  . . . . ,  . . . . ,  . . . . ,  reply  to, 

568,  568  m,  588  n  (b). 

,  . . . . ,  . . .  . ,  complaint  con- 
cerning, 800  n. 

,  . . . .,  testimonial  by,  10  in. 

, westward  policy  of,  657. 

Squirrel,  H.M.S.,  193,  575. 

French  ships  seized  by,  782  IT. 

Stanhope,  — ,  Ambassador  at  Madrid, 
instructions  to,  563. 

,  Charles,  Secretary  of  the 

Treasury,  letter  from,  120,  204, 
231,  542  (ar-d). 

,  letter  to,  121,  205,  214, 

265. 

,  James  (Earl  Stanhope,  April, 

1717)  Chancellor  of  the  Ex- 
chequer, etc.,  letter  from,  496, 
602. 

,  letter  to,  548,  806  i, 

823. 

referred,  806. 

patronage  by,  822. 

Stanley,  James,  Earl  of  Derby,  letter 
to,  449. 

Stapleton,  Sir  W.,  late  Governor  of 
the  Leeward  Islands,  instruc- 
tions to,  8  i,  593  i. 

,  letter  from,  8  i,  628  i. 

, letter  to,  8  i,  628  i. 

Steele,  William,  deposition  of,  729  (6). 

»  . . . . ,  document  signed  by, 

192. 

Stevens,  John,  bond  of,  751  i. 

Stoddard,  Christopher,  plantation  of, 
in  St.  Kitts,  agreement  con- 
cerning, 441,  441  i-in. 

»  ,  complaint  con- 
cerning, reply  to,  441. 

,  grant  of,  441, 

441  i-ni. 

>  . . . . ,  . . . . ,  petition  concern- 
ing, 16,  203  i,  260. 

»  •  •  • . ,  . . . . ,  order  concerning, 

369. 

,  referred,  203. 

»  . . . . , report  upon,  325. 

, reply  to,  691,  692 

in. 

,  Mrs.,  441  i. 

Stoodlie,  P.,  document  signed  by,  413. 


Sturgeon,  in  N.E.,  patent  for  curing 
and  catching,  petition  for,  149  i, 
165  i,  222  i,  244,  258,  262,  321  ; 
and  see  Low,  Mrs. 

,  . . . . ,  . . . . ,  caveat 

against,  354. 

,  . . . . ,  . . . . ,  . . . . ,  recom- 
mended, 321. 

. . . . ,  referred, 

149,  165,  222. 

,  . . . . ,  . . . . ,  representation  on, 

480. 

Styles,  Daniel,  551  i. 

,  . . . . ,  robbed  by  pirates,  551 

IV. 

Subercasse,     M.,     late     Governor     of 

Accadie,    passport    signed    by, 

434. 
Suffolk    and    Bindon,    Earl    of.       See 

Howard,  Henry. 
Sugar,  trade,  the,  competition  of  French 

and   Dutch,   feared,   534  ;    and 

see  Barbados  ;  Leeward  Islands: 

Jamaica. 

Suma  Sunta,  104  i. 
Summers,   Thomas,   document  signed 

by,  399. 
Sunderland,  privateer,  commission  of, 

760. 
Sunderland,    Earl    of.      See   Spencer, 

Charles. 
Surinam,  797  iv. 

,  competition  of,  feared,  534. 

,  trade  with  N.E.,  620  i. 

,    trade    with,    prohibition    of, 

recommended,  534. 
Susquehanna,  R.,  101  i. 
Sutherland,  John,  Earl  of,  petition  of, 

for  grant  of  the  Three  Lower 

Counties,     report     upon,     117, 

117  I,  177,  177  i,  186. 
Sutton,  Edmund,  Judge  and  Treasurer, 

Barbados,  742,  742  xin. 
,    . . . . ,    document   signed    by, 

742  xiv. 
,    Robert,    Baron   Lexinton   of 

Aram,  104  i. 
Swam  Alley,  261. 
Swanton,    Thomas,    Commissioner    of 

the  Navy,  document  signed  by, 

386. 

Sweden,  monopoly  of  naval  stores,  819. 
Swete,  Main,  grant  of,  continued,  574. 
Sivift,  H.M.S.,  10,  357,  566. 
Swymmer,  Anthony,  grant  of  escheated 

estate  to,  (Jam.),  123. 

, revoked,  97  i,  124. 

,  . . . . ,  . . . . ,  petition  for 

restitution  of,  97  i. 
,    ,    re- 
ferred, 97. 
, ,  . . . . ,  . . . . ,  report 

upon,  152. 

, ,  confirmed,  362. 

Symes,  Henry,  deposition  of,  729  (b). 


GENERAL  INDEX. 


527 


Symms,   John,   document  signed   by, 

641. 
Symonds,    Ja.,    document   signed   by, 

438,  439. 


Tabasco,  104  I. 

Tahi,  Anthony,   plantation   of,   order 

concerning,  817. 
Tailer  (Taylor),  Wm.,  Lt.  Gov.,  Mass. 

Bay,  dismissal  of,  735. 

,  accused  of  Jacobitism,  735. 

Talmash.    See  Tolmach. 

Tanner,  frigate,  181. 

Tapanegine,  261. 

Taverner,  Capt.  William,  letter  from, 

542  (e-h). 

, ,  letter  to,  542  (a). 

,  services  of,  542,  546. 

,  . . . . ,  testimonial  to,  542,  546. 

survey  of  Newfoundland 

by,  503,  542,  546. 

, ,  reward  for,  503. 

Tayler,   Richard,    Pa.,   deposition   of, 

737  vii. 
Taylor,    Capt.,    captured    by    pirates, 

298  m. 
,         Nathaniel,          Councillor, 

Bahamas,  737. 
Taylour,  George,  grant  of,  continued, 

574. 
Teach  (Thatch,  Tatch,  Teatch),  alias 

Blackboard,  pirate,  551,  556. 
,    . . . . ,    depredations    of,    298, 

298  i-ni,  660. 

, ship  of,  298,  298  i-m. 

,  . . . . ,  . . . . ,  ship  sent  in  search 

for,  298. 
,  captured  by, 

660. 

,  . . . . ,  effects  of,  enquiry  con- 
cerning, 800. 

,  . . . . ,  expedition  against,  800. 

, ,  killed,  800. 

,    . . . . ,  piracies  continued  by. 

800. 
,     . . . . ,     Government     of     N. 

Carolina  fail  to  restrain,  800. 
,   . . . . ,  Quartermaster  of.     See 

Howard. 
,   . . . . ,  reward  for  capture  of, 

800. 

,  . . . . ,  surrender  of,  800. 

Teconock  (Tockonock),  261. 

Terriot,  Pierre,  document  signed  by, 

371  iv. 

Thatch,  pirate.    See  Teach. 
Thibou,  Jacob,  document  signed  by, 

413. 


Thomas,  George,  document  signed  by, 

411,  412. 
,     James,     plantation     of,     St. 

Kitts,  order  concerning,  817. 
Peter,    grant    of,    continued, 

574. 
,  William,  Councillor,  Antigua, 

leave  of  absence  for,  647,  736. 

, death  of,  704,  752,  775. 

Thompson,   — ,   Agent  of  South   Sea 

Co.,  letter  from,  206  I. 
,  Richard,  Councillor,  Bahamas, 

737. 
,....,  Lt.  Governor,  Harbour  I., 

737. 

,  Thomas,  N.E.,  bond  of,  751  I. 

Thomson,      Sir      William,      Solicitor 

General,  513. 
,    . . . . ,    letter,    opinion,    from, 

95,  99,  107,  108,  158,  177,  177  I, 

201,    211,    237,    242,    248,    261, 

267,  268,  308,  383,  383  i,  472, 

478,    481,    489,    500,   501,    511, 

514,  543,  738. 
,  . . . . ,  . . . . ,  reference,  to,  70- 

72,  96,  186,  187,  241,  243,  253, 

265,  308,  383  m,  461,  463,  468, 

498,  734,  747,  785,  801. 

, opinion  by,  ordered,  342. 

, , referred  back,  308. 

,     . . . . ,    . . . . ,     on    L.I.    Acts, 

repudiated  by,  237. 
,  . . . . ,  . . . . ,  . . . . ,  complaint  of, 

by  Council  of  Trade,  237. 
Thornton,  Henry,  131  iv. 
,    John,    deed.,    plantation    of, 

St.  Kitts,  proposal  to  purchase, 

27,  42. 
,    . . . . ,   grant   of,   petition   for 

confirmation  of,  46. 
Three  Maries,  ship,  order  concerning, 

761. 
Tibby,  Capt.,  maltreated  by  pirates, 

551  i. 

deposition  of,  551  vm. 

Tickell,    Thomas,    Secretary    to    Mr. 

Craggs,   letter  from,   563,   788, 

813. 
Tickle,    Alice,    Act   concerning.      See 

Barbados,   Act  for  docking  an 

entail. 

Tiddell,  S.    See  Lyddell. 
Tiger,  privateer,  Jam.,  131,  131  i-v. 
,    owners    of,    bond    of, 

131  m. 

,     . . . . ,    commission    and    in- 
structions for,  131  i,  n,  iv,  v. 
Tilden,  Richard,  letter  from,  188. 

letter  to,  150. 

Tilson,    George,    Secretary    to    Lord 

Stanhope,  letter  from,  806. 
Tolmach,    Thomas,    Lt.    Governor   of 

Montserrat,  797. 
,   leave    of    absence    for, 

136. 


528 


GENERAL  INDEX. 


Tomlinson,  John,  document  signed  by, 
413. 

Tortola.    See  Virgin  Islands. 

Tortuga  (Tertuga)  (Saltertudas),  751. 

British  ship  seized  by  Spani- 
ards at,  692,  692  vi-vin. 

Townsend,  Thomas,  document  signed 
by,  399. 

Townshend,  Lord,  dismissal  of,  373  iv. 

Trade.    See  also  Naval  Stores. 

,  by  foreign  ships  with  the 

Plantations,  prohibited,  633. 

with  foreign  Plantations  by 

British  ships,  not  prohibited 
by  law,  598,  633. 

, ,  prohibited  by  Treaties, 

598,  633. 

,  instructions  for 

discouraging,  633,  739. 

,  . . . . ,  proclamation  prohibit- 
ing (Mass.),  193. 

,  with  French  settlements,  pro- 
hibition of,  orders  for,  193, 
227,  227  i. 

,....,  . . . . ,  recommended,  534. 

,  prohibited,  Va.,  657, 

657  n. 

,  illegal,  with  French  W.I., 

measures  to  prevent  (Barbados), 
767. 

,....,....  (Ma.),  289. 

, with  foreign  Plantations, 

proclamation  prohibiting  (Ma.), 
417  i,  n. 

,  ....,  ....   (Va.),  406. 

,  (L.I.),  with  French 

settlements,  suppression  of,  en- 
joined, 134. 

,  difficulty  of  en- 
forcing, 134. 

,  . . . . ,  French  ship  seized 

for,  134. 

,  .....  . . . . ,  prevention  of, 

enquiry  concerning,  652  i. 

, Nfd.,  626  i,  751. 

with  St.  Thomas,  628  i. 

,  seizure  for  (Jam.).  See 

Nassau,  case  of. 

,  ....  (Va.),  orders  to  prevent, 

406. 

Ireland  with  Newfoundland, 

626  i. 

,  L.I.,  enquiries  concerning, 

652,  652  i. 

logwood.    See  Logwood. 

with  Madeira  and  Western 

Islands  (Azores),  returns  of, 
85,  330,  575,  600,  618,  618  i, 
736,  742. 

, required,  334,  344, 

402,  408,  419,  450,  465,  471. 

,  with  Mobile,  660. 

,  N.E.,  competition  of,  with 

Great  Britain  objected  to,  543, 
550. 


Trade,  N.E. — cont. 

, ,  with  Danes,  620  i. 

, ,  with  Dutch,  620  i. 

, ,  with  French,  620  i. 

,  .  . .  . ,  with  Spaniards,  620  i. 

,      ,     with     French     W.I., 

difficulty  of  preventing,  317. 
,  . . . . ,  with  Newfoundland,  550; 

and  see  Newfoundland  Fishery. 
,    ,    with    W.I.,    85,    85    i, 

230. 

,  Newfoundland,  with  New  Eng- 
land, objection  to,  550. 

, with  Portugal,  626  i. 

,    .  .  .  . ,  with  Spain  and  Italy, 

626  i. 

,  with  W.I.,  626  I. 

,  New  York,  increase  of,  724  i ; 

and  see  N.Y.,  trade. 

.,  Nova  Scotia  (fur),  392  i. 

,  with  Pensacola,  660. 

,    royal    care    for,    thanks    for, 

568,  568  in,  iv. 
,    with    Spanish,    227,    681    m, 

688. 

,  Spanish,  with  French,  389. 

W.I.,  and  N.E.,  85,  85  i,  330. 

, ,  and  Nfd.,  626  i. 

, and  N.Y.,  738  v. 

,  and  shipping  of  Great  Britain, 

Acts       affecting,       suspensory 

clause   required  in,    90   i,    111, 

142,  144,  568,  568  iv,  600,  602. 
,    Acts    prejudicial    to, 

passed  in  Proprietary  Govern- 
ments, 493. 
,    Act  taxing,  St.  Kitts, 

censured,  171. 
TRADE  AND  PLANTATIONS,  COUNCIL  OF, 

Lords  Commissioners  of,  625. 

,  .  . .  . ,  commission  of,  339. 

Counsel  to  attend  law  business 

of,  proposed,  409. 

, ,  appointed,  496,  502. 

,  misrepresentation  of,  by  Cox 

and  party,  N.J.,  373. 
,  office,  accounts,  114,  247,  279, 

460,  533,  571,  701,  809. 
,    . . .  . ,  repair  of,  request  for, 

224. 
,    . . . . ,   rooms,   additional,   for 

storing    records,    required    by, 

300,  484. 
salaries    of,    Privy    Seal    for, 

233,  625. 
,    Secretary    of.       See    Popple, 

William. 
,    Secretary,    Assistant.        See 

Wheelock,  Bryan. 

,    letters,    instructions,    repre- 
sentations from,  copies  of,  not 

issued,  482. 

,    ,   concerning  : — 

Acts  affecting  trade  or  ship- 
ping, 90. 


GENERAL  INDEX. 


529 


Trade  and  Plantations,  letters,  instruc- 
tions from,  concerning — cont. 
Antigua,  516,  632,  673,  611, 

662,    746,   764,    802;     and 

see  Leeward  Islands, 
appointment  of  Counsel  for 

Board  of  Trade,  409. 
Attorney  and  Solicitor  Gen- 
eral, 237. 

Bahamas,  220,  266. 
Barbados,   66,   87,   143,   148, 

159,  215,  471,  667,  767. 
Bermuda,  465,  485,  639,  580, 

667,  720. 
Carolina,   63,  486,  493,   514, 

625,  677. 

French  designs,  256,  723. 
import     duties     on     foreign 

goods,  450. 
Jamaica,    5,     18,     18  i,   89, 

144,    152,    168,    169,     176, 

189,    272,    296,    303,    320, 

320  i,  327,  350,  426,  606, 

642,    665,    685,    686,    748, 

756,  765,  766. 
Leeward    Islands,    158,  171, 

257,    319,    329,    430,    487, 

657,    660,    670,    582,    652, 

652  i ;    and  see  Antigua  ; 

St.  Christopher;    Nevis, 
logwood   cutters   in   Bay   of 

Campeche,  104,  104  i. 
Massachusetts  Bay,  419,  543. 
Montserrat,     652  ;     and    see 

Leeward  Islands. 
Naval  Stores,  416,  788,  815. 
Nevis,    230,    540 ;     and    see 

Leeward  Islands. 
New  England,  480,  543  ;  and 

see     Mass.      Bay ;       New 

Hampshire. 
Newfoundland,  527,  650,  604, 

605,  612,  798,  808. 
New   Hampshire,   419,    627  ; 

and  see  New  England. 
New    Jersey,    69,    195,    219, 

264,    326,    344,    376,    454, 

697,  634. 
New    York,    161,    333,    344, 

402,  500,  601,  528,  529,  676, 

709. 
Nova  Scotia,   105,  432,  543, 

550,  604,  605,  612. 
Office  accounts,  247,  533. 
Office  buildings.     See  above, 

Office. 

Pennsylvania,  186,  450. 
Pirates,  400,  426,  580,  677. 
....,  pardon  of,  9,  187,  187 

i-iv,    211,    390,   485,   539, 

640,  642,  780. 
,  trial  of,  91,  215,  327, 

372,  465,  466,  703,  747. 
Premium   on   iron   from   the 

Plantations,  460. 

Wt.  441. 


Trade  and  Plantations,  letters,  instruc- 
tions from,  concerning — cont. 

Printing  of  Plantation  Laws, 
51. 

Proprietary  Governments, 
543. 

Quit-rents,  128. 

Revenue  accounts,  128. 

St.  Christopher,  7,  7  i,  156, 
158,  325,  329,  660;  and 
see  Leeward  Islands. 

St.  Thomas  etc.,  8,  8  i. 

Seals  for  the  Plantations, 
127. 

Sturgeon,  patent  for,  480. 

Lord  Sutherland's  petition, 
186. 

Trade  with  foreign  Planta- 
tions, 598. 

Trade  with  French,  193. 

Virginia,  15,  63,  334,  343, 
395,  410,  598. 

Virgin  Islands,  167,  329,  487, 
557,  560,  682,  628,  628  i, 
652. 

War  with  Spain,  declaration 

of,  791. 

,  letters,  instructions,  mem- 
orials, orders,  petitions,  refer- 
ences to,  concerning  : — 

Acts  affecting  Trade  or 
Shipping,  132. 

Antigua,  297,  309,  312  i,  358, 
359,  368,  435,  462,  470, 
477,  530,  647,  581,  649, 
704,  722,  740,  752 ;  and 
see  Leeward  Islands. 

Bahamas,  64,  166,  737. 

Barbados,  57,  68,  79,  103, 
210,  259,  269,  273,  448, 
534,  635,  572,  733,  742, 
753. 

Bermuda,  345,  474,  651. 

Carolina,  360,  389,  452,  459, 
536,  556,  730,  787. 

Counsel,  496,  502. 

French  designs,  238,  266. 

Governors'  presents,  64. 

Jamaica,  4,  10,  64,  55,  64, 
65,  78,  97,  109,  116,  130, 
141,  163,  178,  181,  196, 
218,  225,  252,  266,  271,  310, 
310  i,  311,  356,  357,  361, 
391,  437,  447,  522,  541, 
549,  566,  591,  681,  713, 
749,  750. 

Lands  between  Nova  Scotia 
and  Maine,  268,  396,  397, 
458i. 

Leeward  Islands,  40,  64,  66, 
134,  200,  237,  260,  298, 
412,  413,  438,  442,  526, 
645,  692,  722,  736,  797  ; 
and  see  Antigua ;  St. 
Christopher  ;  Nevis. 

C.P.  34. 


630 


GENERAL  INDEX. 


Trade  and  Plantations,  letters,  instruc-  Treasurer,  the  Lord  High,  accounts  of 

tions  to,  concerning— cont.  seizures  rendered  to  (Jam.),  681. 

Maryland,  417.  Treasury,    Lords    Commissioners    of, 

Massachusetts  Bay,  85,  193,  534,  737. 

330,  458  i,  575,  616,  620 ,  letter  to,   7,   156,   157, 

672,    700,   744,    782;    and  171,  247,  533,  542  (6,  c),  560, 

see  New  England.  670,  812. 

Montserrat,     645 ;     and    see         Secretary  of.     See  Lowndes, 

Leeward  Islands.  William  ;     Stanhope,    Charles  ; 

Naval  Stores,  328,  328  I,  330,  Kelsall,  H. 

382,  810,  819.  Treaty  of,  Breda,  798. 

Nevis,    102,    438;     and    see         ,  Madrid,  (1667),  104  I. 

Leeward  Islands.  ,     Peace     and     Neutrality     in 

New     England,     354,     592 ;  America,  227. 

and  see  Mass.  Bay  ;    New         ,  observance  of,  ordered, 

Hampshire.  134,  406,  417  i,  n. 

Newfoundland,  64,  392  i,  507 not    thought    binding 

New    Hampshire,    193,    307,  unless  confirmed  by  Parliament, 

428,    575,    607,    615,    672,  406. 

700,    810;     and   see   New         Ryswick,  798. 

England.  ,  Utrecht,  268,  507,  789  I. 

New    Jersey,    22,    284,    445,         ,  clause  relating  to  log- 

520,    601,    613,    650,    738,  wood  cutting,  104  i. 

786.  ,    ....,  Commissaries  to  settle 

New  York,  49,  50,  228,  292-  claims    of   Montserrat,  Hudson 

294,    349,    385,    436,    492,  Bay   Co.,   and   case   of   Nevis, 

499,    516,    518,    554,    601,  230. 

618,    650,    653,    662,    663 ,    ....,   French   claims   under, 

707,  738,  738  i.  635  I. 

Nova  Scotia,  3,  23,  86,  185,         , ,  infringement  of,  565  iv. 

340,    351,    371,    392,    507,  Trenchard,  George,  letter  from,  370. 

565,  635,  782,  790.  Tretwell,  Peter,  Councillor,  N.J.,  ap- 

Nuestra  Senora  de  Belem,  13.  pointment  of,  620,  601. 

Pennsylvania,  101,  586,  727,         ,  recommendation  of,  12. 

781.  Trial,  H.M.S.,  10,  298,  442. 

Pirates,  64,  361,  393  i,  474 ,  sloop,  384. 

pardon  of,  1,  201,  639.  Trinidad,  65  m. 

trial  of,  338.  ,  Alcaid  of,  737  vn. 

Printing  of  Plantation  laws,  Triste  (del  Carmen),  104  i. 

64,  67,  469.  Trott,  Nicholas,  document  signed  by, 

St.    Christopher,    6,    16,    17,  730,  787. 

21,  24-34,  36,  41,  42,  44-  Tryon,  Rowland,  letter  from,  42,  62. 

48  i,  60,  61,  61  m,  62,  82 ,  letter  to,  150. 

83,  92,  93,   145,   146,  203 ,  Thomas,  763. 

260,   441,   510,    559,    794  ;  Tublay,  Roger,  memorial  by,  679. 

and  see  Leeward  Islands.  Tudor,  William,  Capt.,  358. 

St.  Thomas,  818.  Tulon  (Toulon),  Ollivier  de  la  Gallan- 

Sta.  Lucia,  64.  trie,  case  of,  order  concerning, 

Sturgeon,    patent    for,    149,  64. 

165,  222,  321,  354.  ,    ,    letter,    petition    from, 

Surveyor  of  Woods,  592.  318,  318  I. 

Trade  with  French,  227.  ,  . . . . ,  . . . . ,  . . . . ,  report  upon, 

Virginia,    59,    64,    153,    176,  627. 

208,    275,    281,    342,    398 ,    money    remitted    to, 

406,    422,    456,    568,    657,  claim  on,  370,  370  i. 

699,  757,  770,  800.  , ,  fish  seized  on  behalf  of, 

Virgin  Islands,  442,  494,  526,  at  Bilboa ,  318  i,  n,  527. 

692,818.  .......     ....,     order    for    restoring 

H.M.  Woods,  744.  produce  of,  527. 

Travers,  John,  plantation  of,  St.  Kitts,  Turks  Island,  551. 

proposal  to  purchase,  83.  Turner,  Thomas,  document  signed  by, 

Joseph,  ditto,  83.  413. 

, ,  letter  from,  26.  Tusseck,  261. 

Samuel,  letter  from,  26,  146.  Tyrrill,   Timothy    (Nevis),    deposition 

of,  134  ixt 


GENERAL  INDEX. 


531 


Vernon,   James,    Clerk   of   the   Privy 
Council,    document   signed   by 
52,  57,  60,  61,  75,  629,  674,  790. 
Villegas,  Don  Philippe  de,  104  i. 
VIRGINIA,   Act,   for  altering  day  for 
holding  Courts  rejected,  568. 

T,   .  t ,  ascertaining  officers'  fees. 

Upton,  ship,  taken  by  pirates,  797  v.  desired,  568. 

Ure,  Alexander,  pirate,  797  vi.  , .      rejected    568 

Ury,  John,  Secretary,  South  Sea  Co.,  rftaqnn*  for 

letter  to,  182,  190.  568. 

Usher,   John     purchase   and   convey-         ,...., observations 

ance  of  Maine  by,  616  n,  744.  on,  657. 

frV  "  'C.1  VV  ' '  i'  ^o10  £f'  616  n*  »  declaring  what  shall  be 

Utrecht,  Treaty  of.    See  Treaty.  accounted    a    sufficient    seating 

668  i. 

>  . . . . ,  . . . . ,  dispute  concerning 

interpretation  of,  799,  800,  800 
n  (6). 

»  • ;  -e ,  Attorney  General's 

opinion  on,  alleged,  800. 

V  »    ,  declaring  who  shall  not 

bear  office,  800  i. 

Valladolid,  104  i.  ,      ,      ,    objection     to, 

Valle,   Don  Juan  del,   350  ;    and  see  ignored,  800. 

Nuestra  Senora  de  Belem.  »    •  •  •  • ,    . . . . ,  new,   passed  by 

complaint  by,  131  iv.  Council  and  Assembly,  800. 

,  . . . . , ,  reply  to,  131  v.  >    ,    ,    ,    repealed, 

,  . . . . ,  mission  of,  to  Jamaica,  59  n. 

for  restitution  of  Spanish  losses,          »  •  •  •  •  >  entrusting  public  money 

681.                                                                       to  Mr.  Blair,  rejected,  568. 
,    ,    ,    ,  reply    to,         »     ,    for    defence    of    the 

681,  681  IX.                                                          country,  406. 
,    ,    ,    re ,  for  dividing  Westopher's 

quested  to  leave,  681,  681  ix.                       parish,  observations  upon,  657. 
, suspected  of  spying,  681,         » ,  concerning  foreign  debts 

681  ix.  (1663),  281  n. 

Van  Dam.   See  Dam.  , , ,  objection  to,  174. 

Vane  ( Vaine),  Charles,  pirate,  depreda » referred,  263. 

tions  and  cruelty  of,  551,  551         » , repeal  of,  380,  395. 

i-x,  730.  , , ,  proposed,  343. 

>  . . . . ,  French  ship  captured  by,         »  •  •  •  • »  •  •  •  • »  . . . . ,  proclaimed. 

737.                                                                         657,  657  m. 
, ,  Hornigold  sent  in  search         » ,  report  upon,  281. 

of,  737.  ,     ,     ,    General    Court 

Vaudreuil,   Marquis   de,   Governor   of  (1705)  amendment  to,  456. 

Canada     and     Quebec,     letter         ,    granting    rewards   for 

from,  789  i,  m.  pirates  captured,  800. 

>    . . . . ,    reply   to,    789.  »  limiting  times  of  receipt 

, letter  to,  565,  565    v.  of  public  tobacco  (1676),  objec- 

Vaughan,   George,   Lt.   Gov.   of  New  tion  to,  174. 

Hampshire,  307.  , ,  repeal  of,  174. 

»  . . . . ,  waste  of  woods  encour-         » ,  clause  in,  thought 

aged  by,  283.                                                     to  be  in  force,  174. 
,  departure  for  England,         » for  maintaining  scholars 

object  of,  283.  at  the   College  of   William  and 

, letter  from,  782  i.  Mary  etc.,  Lt.  Govr's.  observa- 

, letter  to,  782  n.  tions  upon,  657. 

Vera  Cruz,  271,  310  n,  423,  447.  »    ,    concerning    posts,    re- 

,   British  prisoners   at,    10,    10  jocted,  by  Lt.  Govr.,  568. 

i-vni.  for  preventing  frauds  in 

,  expedition  preparing  at,  797.  tobacco     payments,     repeal     of, 

Verchild,    Jasper,    proposal    to    pur-  proclaimed,  406,  657,  657  n. 

chase  plantation  in  St.   Kitts,         »    »    ,    regretted, 

62.  406,  699. 


532 


GENERAL  INDEX. 


Virginia,  Act — cont. 

,    prohibiting    unlawful 

assembly  of  Quakers,  281  i. 
9  . . . . ,  . . . . ,  objection  to,  174. 

, ...,  referred,  263. 

,    ,    repeal   of,    380, 

395. 
9  . . . . ,  . . . . , proclaimed, 

657,  657  in. 
9    . . . . ,    . . . . ,  proposed, 

343. 

9  . . . . ,  . . . . ,  report  upon,  281 . 

,  concerning  quit-rents, 

422. 

,  . . . . ,  . . . . ,  attempts  to  repeal, 

422. 

9  ....,-....,  interpretation  of, 

by  Council,  422. 

,  for  the  better  regulation 

of  the  Indian  trade,  668. 

repeal  of,  63,  631, 

660. 

,  . . . . ,  instruction  con- 
cerning, 63. 

, , ,  bad  effect  of,  406, 

699. 

,  . . . . ,  . . . . ,  repeal  of,  pro- 
claimed, 406,  657,  657  n. 

regulating  quality  of 

pitch  and  tar,  difficulty  in 
obtaining,  699. 

,  . . . . ,  for  the  better  securing 

payment  of  levies,  observations 
upon,  657. 

,  . . . . ,  for  settling  lands  etc., 

objection  to,  568  I. 

Acts,  657. 

,  affecting  trade  and 

shipping  of  Groat  Britain  to 
be  passed  with  suspensory 
clause,  90  i.,  Ill,  142. 

,  . . . . ,  . . . . ,  instruction  pro- 
hibiting, 568. 

f  . . . . , Address  of  Assem- 
bly for  revoking,  568,  568  iv. 

,  . . . . ,  . . . . ,  . . . . ,  Governor's 

dissent  from,  568. 

,  . . . . ,  concerning  collation  to 

benefices,  657,  657  i. 

,  . . . . ,  printing  of,  174. 

,  private,  observations 

upon,  657. 

,  relating  to  Courts, 

opinion  on,  275. 

Agent  of.  See  Blackiston,  Col. ; 

Byrd,  Wm. 

,  armourer,  salary  of,  422  n. 

,  Assembly,  and  Act  for  regu- 
lating frauds  in  Naval  Stores, 
699. 

,  Address  of,  568,  568  IIT, 

iv,  757  i. 

,  . . . . ,  . . . . ,  referred,  757. 

, , ,  for  grant  of  quit- 
rents,  456, 


Virginia,  Assembly,  Address  of  — cont. 
,  . , . . ,   . . . . ,  not  agreed  to  by 

Lt.  Govr.  Spotswood,  456. 
,      . . . . ,      against     Lt. 

Governor,  799,  800,  800  n  (a). 
,  . . . . ,  . . . . ,  . . . . ,  how  passed, 

800. 
,  . . . . ,  . . . . , instructions 

for  presenting,  799,  800,  800  n 

(6),  m. 
, altered, 

800. 
,    . . . . ,    . . . . ,  presentment  of, 

entrusted  to  Agent,  568,  568  v, 

799,  800,  800  n  (6),  m. 
,    ,    t only  per- 
mitted through'  Governor,  568. 

,  . . . . ,  for  revocation  of 

instruction  as  to  Acts  affecting 
British  trade  and  shipping,  568, 
568  iv. 

,  Lt. 

Governor's  dissent  from,  568. 

,  . . . . ,  adjourned,  568. 

,  ,  Agent  of.  See  Byrd, 

William. 

,  . . . . ,  . . . . ,  instructions  to, 

568  v,  799,  800,  800  n  (6), 
in. 

,  . . . . ,  . . . . ,  need  for,  800  n. 

,  . . . . ,  allowance  for  Lt.  Gov- 
ernor's journeys  refused  by, 
588  n  (6). 

,  bill  for  entrusting  public 

money  to  Mr.  Blair,  sent  up  by, 
568. 

,  . . . . ,  rejected  by  Lt. 

Govr.,  568. 

, compensation  to  Indian 

trading  Company  refused  by, 
568. 

,  . . . . ,  Councillors  to  be  sole 

judges  in  Courts  of  Oyer  and 
Terminer  requested  by,  568, 
568  iv. 

,  ...-.,  election  literature,  568  i. 

,  . . . . ,  elections  for  new,  568. 

,  . . . . ,  . . . . ,  how  managed, 

568. 

,  . . . . ,  . . . . ,  . . . . ,  opposition 

to  Lt.  Governor,  568. 

,  . . . . ,  enquiry  by,  into  furn- 
ishing of  Governor's  House, 

800,  800  n. 

, Lt.  Governor's  speeches 

to,  complaint  concerning,  800  n. 

,  . . . . ,  Indian  war  anticipated 

by,  456. 

,  . . . . ,  instruction  communi- 
cated to,  406. 

, ,  insulting  behaviour  of, 

to  Lt.  Governor,  568. 

, ,  Journal  of,  568  v,  657. 

, ,  Journals,  abstracted  in 

margins,  334, 


GENERAL  INDEX. 


533 


Virginia,  Assembly — cont. 
,  Lt.  Governor's  message 

to,  800  iv. 
,    ,   speech   to,   568, 

568  ii,  588  ii  (6),  800  v. 
,    ,    reply    to, 

588  ii  (6). 

,  new,  character  of,  568. 

,   objection   of,   to   post, 

568. 
,    opposition   in,    to    Lt. 

Governor,  588,  699. 
,  . . . . ,  . . . . ,  led  by  Councillors, 

588,  799. 
,    payment  of  members, 

cost  of,  657. 
,   . . . . ,   . . . . ,  levy  for,  legality 

of,  questioned,  406,  800  n. 
,  . . . . ,  proceedings  of,  account 

of,  by  Lt.  Governor  Spotswood, 

568. 
,     . . . . ,    prorogation    of,    657, 

657  HI,  800  v. 

,    . . . . ,    . . . . ,    under   adjourn- 
ment, question  concerning,  657, 

731. 
,    . . . . ,    Rangers    reduced    by, 

456. 
,  . . . . ,  refuse  to  pay  for  fort  at 

Christanna,  568,   699. 
,  ....  Delations  of, with  Council, 

568,  588,  799. 
,   . . . . ,  renewal  of  treaty  with 

Indians  refused  by,  699. 
,     . . .  . ,    tampering    with,    by 

Council,  alleged,  456. 
,  Attorney  General,  opinion  of, 

59. 

,  . . . . ,  salary  of,  422  i,  ii. 

,   Auditor   General,   perquisites 

of,  422  n. 

, salary  of,  422  n. 

,  Auditor,  Deputy.     See  Grymes, 

John. 
,    Beverley,    Capt.,    seized    by 

Spaniards,  case    of,    10,    10   i- 

VIII. 

,   affidavit   by,    10 

VII. 

,    . . . . ,    commission   of, 

10,  10  iv-vi. 
,    . . . . ,    . . . . ,    testimonial    to, 

10  m. 
boundary  with  N.   Carolina, 

proposal  for,  63. 

,  . . . . , referred,  58. 

Charter  of,  213,  275. 

,  Christanna,  Fort,  101  I. 

,  . . . . ,  . . . . ,  maintenance  and 

re-building  of,  406,  699. 
,  Assembly  refuse 

to  pay,  568,  699. 
,   . . . . ,   . . . . ,   . . . . ,  school  for, 

Assembly    refuse    to    pay    for, 

568,  699. 


Virginia — cont. 

,    collation    of    benefices,    Acts 

relating  to,  657,  657  i. 

,  . . . . ,  Governor's  in- 
structions concerning,  657, 
657  I. 

,    ,    ,    ,    right    to, 

challenged,  657. 

,     . . . . ,     . . . . ,     . . . . ,    question 

concerning,  731. 

,  College  of  William  and  Mary, 

grant  for  scholars.    See  Act  for 
maintaining  scholars  etc. 

,  Commissary,  salary  of,  422  I  ; 

and  see  Blair. 

,  condition  of,  quiet,  568. 

,  Council,  59,  101  i,  406,  657. 

,     amendments     by,    to 

Judge's  oath,  456. 

,     . . . . ,    and    appointment    of 

County  Court  Clerks,  568. 

,  charges  by,  against  Lt. 

Governor,  456,  588,  588  i  n. 

,  Clerk  of,  salary  of,  422  ii; 

and  see  Robertson,  William. 

,    . . . . ,   "  Creolean  "   views  of, 

657. 

,  . . . . ,  Crown  rights,  opposi- 
tion to,  657. 

,  . . . . ,  instructions  communi- 
cated to,  456. 

,  . . . . ,  . . . . ,  ignored  by,  456. 

,    . . . . ,  message  to  Assembly, 

456. 

,    Minutes    of,    59,    406, 

456,  456  i,  657,  779,  800,  800  i. 

,     . . . . ,    abstracted    in 

margins,  334. 

,  . . . . ,  on  prorogation  of  Assem- 
bly, 657. 

,  . . . . ,  opposition  of,  to  quit- 
rent  Act,  422. 

,   . . . . ,  reconciliation  with  Lt. 

Governor,   failure   of   attempts 
at,  588,  588  i,  n. 

,  . . . . ,  relation  of,  with  Assem- 
bly, 568,  588,  799. 

,  treaty  with  Five  Nations, 

renewal  of,  rejected  by,  657. 

,  Council  and  Assembly,  Agent 

of.    See  Byrd,  Wm. 

,  Councillors,  800. 

, absentees,  699. 

, acting  in  dual  capacity, 

opinion   of    Council    of   Trade, 
63. 

,    . . . . ,    . . . . ,    . . . . ,  communi- 

-•  cated  to,  406. 

,  . . . . ,  . . . . ,  reference  to  Min- 
utes concerning,  406. 

,  . . . . ,  charges  against,  by  Lt. 

Gov.  Spotswood,  456,  688. 

, ,  to  be  communi- 
cated to,  request  for,  456. 

,  . . . . ,  . . . . ,  reply  to,  456. 


534 


GENERAL  INDEX. 


Virginia,  Councillors — cont. 

,  . . . . ,  claim  to  be  sole  Judges 

in  Court  of  Oyer  and  Terminer. 

See  Court  of  Oyer  and  Terminer. 

,  . . . . ,  . . . . ,  intrigues  for,  568. 

,    . . . . ,    . . . . ,    . . . . ,  object  of, 

422,  456,  568. 
,     ,    offer    toy    Lt. 

Governor    Spotswood    concern- 
ing, 588  i. 
,  . . . . ,  . . . . , opinion  on, 

275. 

,   . . . . ,   . . . . ,  petition  concern- 
ing, 342  i,  ii. 
,    . . . . ,    . . . . ,    . . .  . ,    referred, 

342. 
,     . . . . ,    dismissal    of,    caveat 

against,  770. 
,    . . . . ,    . . . . ,    . . . . ,   requested 

by   Lt.   Gov.   Spotswood,    568, 

588,  699. 

,  intrigues  of,  568. 

,    . . . . ,    majority    of,    related, 

568. 

, , , ,  evil  of,  588. 

, , , ,  list  of,  209. 

,    . . . . ,    new,    request   for,    by 

Lt.  Governor,  568. 

,  . . . . ,  opposition  of,  568,  588. 

,    . . . . ,    persons    proposed    as, 

588,  699,  799,  800. 
,  refuse  Governor's  hospi- 
tality, 568,  688  i. 
,     . . . . ,    remote,    unwilling    to 

attend,  800. 

,  . . . . ,  salaries  of,  422  n. 

,    . . . . ,    . . . . ,  from  quit-rents, 

project  of,  456. 
,    . . . . ,    terms    offered    by,  to 

Lt.  Governor  Spotswood,  588  i, 

u. 

,  Counties,  grievances  of,  568. 

,  Court  party,  568  i. 

Court  of  Admiralty,  trial  in, 

406. 
,   . . . . ,  County,  Clerks  of,  bill 

concerning  appointment  of,  ob- 
jection to,  568. 
,  . . . . ,  General,  Act  concerning, 

amendment  to,  456. 
,   of  Oyer  and  Terminor, 

agitation  concerning,  failure  of, 

568. 
,    ,   appointment  of 

Judges  by  Governor,  admitted, 

398. 
,    . . . . ,    objection 

to,  342  i,  n. 
»     • . . . ,     . . . . ,     . . . . ,    petition 

concerning,  342  i. 

,    . . . . ,    . . . . ,    . . . . ,    . . . . ,   re- 
ferred, 342. 
,    ,    opinion,    report 

upon,  63,  275,  334,  410;    and 

see  following. 


Virginia,  Court  of  Oyer  and  Terminer 

— cont. 
,  . . . . ,  . . . . ,  Councillors'  claim 

to  be  sole  Judges  of,  59,   153, 

207,   208,   342,   342  i,  n,   456, 

588,  588  I. 


support,  568,  578  IV. 
concerning,  213. 


enquiries 


in- 


struction by  Council  of  Trade 
concerning,  63,  334. 
, ,    . . . . ,    . . . . ,    ,   re- 
ception of,  568. 

, ,  . . . . , ,  . . . . ,  report 

upon,  410. 


request  for,  398 
to* '267,  *456.' 
422.'"  ' 


,  reply 

Judges'  allowances, 
cessation  of, 


proposed,  422. 

,  . . . . ,  Act  for  altering  date, 

rejected,  568. 

,  . . . . ,  Acts  relating  to,  opinion 

on,  275. 

,  . . . . ,  Ministers  of,  salaries 

of,  422  n. 

,  . . . . ,  . . . . ,  . . . . ,  payments 

for,  422  n. 

,  Creoles,  657,  799. 

.......  defence  of,  699. 

,  . . . . ,  measures  for,  568. 

,  . . . . ,  . . . . ,  rejected  by 

Assembly,  568. 

,  . . . . ,  . . . . ,  Hangers  reduced 

by  Assembly,  456. 

,  deserters  from  Navy,  Pro- 
clamation prohibiting  harbour- 
ing of,  657,  657  m. 

,  fees.    See  Act  for  settling. 

,  forts.     See  Christanna. 

,  French,  attack  upon  Cherikees 

intended,  rumour  of,  800. 

,  encroachments,  danger 

of,  657,  699. 

,  German  mines,  800. 

,  Government,  establishment, 

422,  422  i,  n. 

,  . . . . ,  expences,  account  of, 

required,  63. 

,  Governor  of.  See  .  Orkney, 

Earl  of  ;  Spotswood,  A. 

,  Governor's  House,  extrava- 
gance in  furnishing  alleged,  800, 
800  n  (6). 

,  Governors,  policy  of  opposi- 
tion to,  456. 

,  . . . . ,  powers  of.  See  Courts  : 

Collation  to  benefices. 

,  grievances,  absence  of,  799, 800. 

guardships,  657. 


GENERAL  INDEX. 


535 


Virginia,  guardships—  cont. 

,  . . . . ,  men  furnished  by, 

against  pirates,  800. 

,  Indian  Company,  the,  699  ; 

and  see  Act  for  better  regulation 
of  Indian  trade. 

,  . . . . ,  compensation  for,  re- 
commended to  Assembly,  406. 

, , refused,  568,  568  I. 

,  . . . . ,  continuation  of,  sanc- 
tioned by  Council,  406. 

,  traders  of,  report  by, 

800. 

, "  Thomas  Jones  &  Co.," 

568  i. 

Indian  trade.  See'  Act  regu- 
lating ;  and  Indian  Company. 

,  . . . . ,  regulation  of,  continued, 

406. 

,  . . . . ,  . . . . ,  necessity  for,  59. 

. . . . ,  . . . . ,  . . . . ,  denied  by 

Assembly,  568. 

,  . . . . ,  with  Tuscaroras,  re- 
stricted, 59,  59  iv  (a). 

,  Indian  traders,  character  of, 

59. 

,  Indians,  Cuttaba,  attack  upon, 

by  Senecas,  and  Tuscaroras, 
59,  59  iv  (a),  101  i. 

,  . . . . ,  . . . . ,  attack  upon,  by 

Shawanois,  denied,  101  i. 

,  . . . . ,  . . . . ,  treaty  with  Vir- 
ginia proposed,  101  i. 

,  . . . . ,  . . . . ,  . . . . ,  rejected  by 

Pennsylvania,  101  i. 

,  . . . . ,  . . . . ,  at  Christanna,  59. 

,  . . . . ,  . . . . ,  hostages  given  by, 

69. 

,...., ,  sterility  of,  800. 

,  . . . . ,  Cherokee,  arms  supplied 

to,  800. 

,  . . . . ,  . . . . ,  French  designs 

against,  alleged,  238,  256,  800. 

,  . . . . ,  . . . . ,  importance  of 

friendship  of,  800. 

,  . . . . ,  . . . . ,  invasion  by,  feared 

(Car.),  384. 

,  . . . . ,  . . . . ,  numbers  of,  800. 

,  . . . . ,  Creeks,  proposals  for 

peace,  423. 

,  . . . . ,  Delaware  etc.,  confer- 
ence with,  101  i. 

, ,  deputy  for, 

101  i. 

,  . . . . ,  . . . . ,  proposal  for  treaty 

with,  101  i. 

,  . . . . ,  . . . . ,  . . . . ,  rejected  by 

Lt.  Gov.  of  Pennsylvania,  101 1. 

,  . . . . ,  expresses  for,  payments 

for,  422  ii. 

,  . . . . ,  Five  Nations,  confer- 
ence of  Governors  concerning, 
59. 

,  ,  march  of,  pre- 
vented, 406. 


Virginia,  Indians,  Five  Nations — cont. 

, ,  negotiations  with, 

578  I. 

, ,  Agent  for,  578  i. 

,  . . . . ,  . . . . ,  presents  for, 

necessary,  578  i. 

,  renewal  of  cove- 
nants of  1685  proposed,  59. 

,  ,  ,  refuse  to  treat 

except  at  Albany,  59. 

,  Treaty  with,  re- 
newal of,  rejected  by  Council, 
657. 

, ,  hostages  at  Fort  Christ- 
anna, 406. 

..,...,  . . . . ,  . . . . ,  return  of,  ordered, 
568. 

,  murder  by,  699. 

,  . . . . ,  Northern,  incursions  by, 

renewed,  699. 

,  . . . . , threaten  Saponies, 

699. 

,  . . . . ,  . . . . ,  . . . . ,  prevented 

by  Spotswood,  699. 

,  . . . . ,  treaty  with, 

refused  by  Assembly,  699. 

,  . . . . ,  peaceful,  568  11. 

,  . . . . ,  Saponie,  attack  by 

Northern  Indians  threatened, 
699. 

,  . . . . ,  protected  by 

Spotswood,  699. 

, ,  treaty  with,  699. 

,  . . . . ,  Tributaries,  protection 

for,  refused  by  Assembly,  568. 

,  . . . . ,  . . . . ,  fort  for,  ordered 

to  be  destroyed,  568. 

,  Tuscarora,  incursions 

by,  renewed,  699. 

,  . . . . ,  . . . . ,  trade  with,  res- 
tricted, 59,  59  iv  (a). 

,  . . . . ,  . . . . ,  traders  suspected 

of  encouraging  to  attack 
Cuttabas,  59,  59  iv  (a). 

,  . . . . ,  war  with,  anticipated 

by  Assembly,  456. 

,  Westward,  communica- 
tions with,  attempts  to  open, 
by  Lt.  Govr.  Spotswood,  657. 

,  iron  mines,  discovery  of,  800. 

,  James  City,  800. 

,  King's  Birthday,  celebration 

of,  568,  588. 

,  lands  in,  escheated,  grants  of, 

payments  for,  422,  422  i. 

,  . . . . ,  grants  of,  account  of, 

required,  63,  334. 

,  ,  ,  by  Lt,  Gov. 

Spotswood,  657,  657  rv. 

,  . . . . , forfeited  on  non- 
payment of  quit-rents,  422. 

,  . . . . ,  . . . . ,  . . . . ,  complaint 

concerning,  800  n  (6). 

, , , ,  reply 

to,  800. 


536 


GENERAL  INDEX. 


Virginia,  lands  in,  grants  of—cont. 
9     ,    payments    for, 

422  n. 
,    . . . . ,   new  regulations 

for,  59. 
, ,  . . . . , necessity  for, 

described,  59  I. 

9   . . . . ,    . . . . ,    . . . . ,  Proclama- 
tion concerning,  59  in,  iv  (6). 
,    sale    of,    new   method 

commended,  334. 
,      Lt.      Governor      of.       See 

Spotswood,  A. 

, ,  salary  of,  422  n. 

,  lottery,  671  I. 

,  Militia,  699. 

,  miners,  German,  employed  by 

Spotswood,  800. 

,  mines,  iron,  discovery  of,  800. 

, ,  . . . . ,  gold,  expected,  800. 

,  . . . . ,  Spotswood's  interest  in, 

800. 

,  ministers,  salaries  of,  422  n. 

,  naval  stores,   Act  regulating 

quality  of,  difficulty  in  procur- 
ing,  699. 
Northampton    County,    Act 

concerning  Courts  in,  rejected, 

568. 
,  oath  of  Judges,  amendment  to, 

456. 
officers  appointed  by  Crown, 

objection  to,  800. 
,     . . . . ,     fees,     regulation     of, 

proposed,  568. 

Ouacock,  intended  as  rendez- 
vous for  pirates,  800. 
,   pirates,    capture   of,    10    vi, 

800. 
,    . . . . ,    . . . . ,    reward    offered 

for,  800. 

, ,  off  coast,  657. 

,    . . . . ,    effects    of,    piratically 

taken,  enquiry  concerning,  800. 
,   . . . . ,   . . . . ,  action  by  pirate 

for  recovering,  800. 

,  . . . . ,  expedition  against,  800. 

,  favoured  by  inhabitants, 

800. 

,  . . . . ,  increase  of,  5,  5  i. 

,    ,  pardon  for,  extended, 

800. 
,    commission  for, 

800. 

, trial  of,  800. 

,   . . . . ,  commissions  for, 

405. 
,  . . . . , ,  validity  of, 

questioned,  800  ;   and  see  Plan- 
tations, Governors  of. 
,   unlawful  concourse  of, 

Proclamation   prohibiting,    657 

in. 

» ,  reason  for, 

657. 


Virginia — cont. 

,  posts,  fortnightly,  to  Penn- 
sylvania, established,  568. 

,  . . . . ,  . . . . ,  objection  to,  568. 

,  prerogative  of  the  Crown, 

defence  of,  456. 

,  . . . . ,  infringement  of,  568, 

588,  657. 

, opposition  to,  657,  800. 

,  Proclamations,  59  n,  in, 

IV  (a),  (b),  657,  657  n,  in. 

,  prosperity  of,  568,  568  u, 

800. 

,  Quakers.  See  Act  prohibiting 

unlawful  assembly  of. 

,  quit-rents,  657. 

,  accounts  of,  422,  422  i, 

657  v. 

,  . . . . ,  . . . . ,  required,  63. 

,  . . . . ,  Act  concerning  payment 

of,  422. 

,  . . . . ,  . . . . ,  attempts  to  repeal, 

422. 

,  . . . . ,  interpretation  of, 

by  Council,  422. 

,  .  . . . ,  appropriation  of,  to 

support  of  Government,  pro- 
posed, 456. 

,  . . . . ,  . . . . ,  . . . . ,  object  of, 

456. 

,  . . . . , opposed  by 

Lt.  Gov.  Spotswood,  456. 

,  .  . . . ,  lands  forfeited  for  non- 
payment, complaint  concerning, 
800  n  (b). 

, , ,  reply  to,  800. 

,  . . . . ,  . . . . ,  opposition  to, 

422,  800. 

,  . . . . ,  payable  in  tobacco,  422. 

,  . . . . ,  payments  from,  422  i. 

,  payment  of  deficiency 

of  revenue  from,  proposed,  15, 
15  i-in,  63. 

,  Rappahanock,  R.,  iron  dis- 
covered near,  800. 

,  Receiver  General.  See 

Roscow,  J. 

,  accounts  of,  new  regu- 
lation of,  59,  59  i,  in,  iv  (6). 

,  . . . . ,  . . . . ,  payment  of,  422  n. 

,  remonstrances,  secret,  Spots- 
wood  on,  59. 

,  Revenue,  accounts  of,  63, 

406  i,  422,  422  n,  657,  657  vi  ; 
and  see  Quit-rents. 

,  . . . . , required,  63. 

, , frauds  in,  59,  59  i, 

800. 

,  . . .  . ,  accounts  and  auditing, 

reforms  by  Lt.  Gov.  Spotswood, 
59,  59  i,  406,  422,  456,  800. 

,  . . . . ,  . . . . ,  . . . . ,  opposition 

to,  800. 

,  . . . . ,  . . . . ,  . . . . ,  proclama- 
tion for,  59  in,  iv  (b). 


GENERAL  INDEX. 


537 


Virginia,  Reven 

,   . . . . ,  deficiency  in,  payment 

out  of  quit-rents  proposed,  15, 

15  i-in,  63. 

,  surplus  of,  568,  568  n. 

,  seal,  new,  for,  127,  150. 

,  . . . . , warrant  for  using, 

127,  135,  142. 
, old,  broken  and  returned, 

406,  568. 
,    Secretary    of.       See     Cocke, 

William. 

Sheriffs,  422. 

,    ships    seized    by    Spaniards, 

5,  5  I,   10,   10  i-vin  ;    and  see 

Beverley,  H. 
, ,  taxation  by  Parliament,  right 

of,  denied,  568. 

,  tobacco,  crops,  422. 

, price  of,  422. 

,    . . . . ,   quit-rents  payable  in, 

422  ;  and  see  Act  for  preventing 

frauds  in  tobacco  payments. 

trade,  819. 

,  . . . . ,  duties  on,  552. 

,  . . . . ,  with  foreign  Plantations, 

instruction  concerning,  598. 
,  . . . . ,  . . . . ,  proclamation  pro- 
hibiting, 406,  657,  657  n. 
, illegal,  seizure  and  trial 

of  sloop  for,  406. 
,  . . . . ,  Indian.    See  Va.,  Indian 

trade. 
,      . . . . ,     with     Madeira     and 

Western    Islands,    returns    of, 

requested,  334. 
,  . . . . ,  naval  stores,  frauds  in, 

699. 
, ,    . . . . ,    . . . . ,    Act    regulating 

quality  of,  difficulty  in  obtain- 
ing, 699. 
,  prosperous,  568,  568  11, 

800. 
,  . . . . ,  royal  care  of,  gratitude 

for,  568  in,  iv. 
,    trade    and    shipping.       See 

Acts  affecting. 
Treasury     rights,     accounts 

of,  faulty,  422  ;    and  see  lands 

in,  grants  of. 
,  Treaties  not  thought  binding 

unless    confirmed    by    Act    of 

Parliament,  406. 
William  and  Mary,  College  of, 

Governors  of,  588  n. 
,  Williamsburgh,  post  from,  to 

Philadelphia,   established,   568. 
,    . . . . ,    . . . . ,    . . . . ,   objection 

to,  568. 
VIRGIN  ISLANDS,  account  of,  487. 

British  title  to,  582,  582  i  fi. 

,  . . . . ,  asserted,  8  I. 

,  British  ships  seized  by  Spani- 
ards at,  692,  692  vi-vm. 
description  of,  298,  487. 


Virgin  Islands,  description  of — cont. 
,      ,     by     Capt.     Walton, 

criticised,  298. 
,  drought  and  famine  in,  298  v, 

442. 

. . ,  Governor  of.   See  Hamilton,  W. 

,  instructions  of,  494  I. 

,   . . . . ,   . . . . ,  to  assert  British 

title,  8  i. 
,      . . . . ,      . . . . ,      to     prevent 

foreigners  settling,  582,  582  n. 

, ,  report  by,  298. 

, visit  by,  298. 

,  inhabitants  of,  298,  298  iv-ix. 

,     ,    emigration    of,     pro- 
posals for,  to  Crab  I,  40,  40  i, 

298,  298  v-vn,  329. 

, to  St.  Cruz,  487. 

, to  St.  Kitts,  487, 

560. 
,    ,   grants  of  land   to,   in 

St.  Kitts,  proposed,   157,   231, 

298,  692,  692  i. 

,   . . . . ,   . . . . ,  promised,  329. 

,     . . . . ,     . . . . ,     recommended, 

442. 

negroes  in,  298  iv,  vi,  vm,  ix. 

,  pirates  at,  134. 

,     settlement    of    Dutch     and 

Danes  in,  recommended,  298. 
settlements    in,  by    Danes, 

intended,  298. 

,  timber-cutting  by  Danes,  pro- 
test against,  298,  298  x. 

,  Anguilla,  442. 

British  settlement  on, 

8  i. 
,     . . . . ,    description    of,    298, 

298  v,  737. 
,  . . . . ,  drought  and  famine  in, 

298  v,  442. 
,   inhabitants  of,  invited 

to  Bahamas,  737. 

,  . . . . ,  . . . . ,  migration  of,  298. 

, to  Crab  I., 

40,  214. 
, ,  . . . . ,  . . . . ,  petition  for, 

298,  298  v. 


recommended,  298. 


40  i,  329,  692,  692  i. 


prohibited, 


,     to     Sta. 


Cruz,  167. 

checked)  442. 

, to  St.  Kitts, 

proposed,  560,  570. 

, ,  . . . . ,  . . . . ,  . . . . ,  grants  of 
lands  to,  in  St.  Kitts,  pro- 
posed, 157,  171,  214. 

. ,  ....,  ....,  ....,  ....,  .  .  . . , 
promised,  329. 

. ,  . . . . ,  . . . . ,  numbers  of,  298, 
298  iv,  737. 


538  GENERAL  INDEX. 

Virgin  Islands,  Anguilla  —  cont.  Virgin  Islands,  Sta.  Cruz  I.—  cont. 

......  ,   .....  Lt.  Governor  of.     See  ......  ,   ----  ,  settlement  on,  English, 

Howell,    Abraham  ;     Leonard,  298. 

George.  ......  ,  •  •  .  •  ,  ----  ,  French,  298. 

......  ,  .  .  .  .  ,  soil  of,  exhausted,  298,  ......  ,  .  .  .  .  ,  .  .  .  .  ,  .  .  .  .  ,  abandoned, 

298  v.  298. 

......  ,  Beef  Island,  104  I.  ......  ,  .....  turtling  at,  692. 

......  ,  .  .  .  .  ,  description  of,  298.  ......  ,  .  .  .  .  ,  .  .  .  .  ,  British  ship  seized 

...........  ,  inhabitants  of,  298  I.  by  Spaniards  for,  692,  692  vi- 

......  ,  Crab  Island,  attack  upon,  by  vm. 

Spaniards,  298,  442,  652,  692  ........    St.    Johns,    British    title    to, 

......  9     .........  ,    representation  asserted,    494,    494   I,   n,    582, 

concerning,  582,  582  i  ff.  628  I. 

......  ,    .  .  .  .  ,    .  .  .  .  ,    reparation    for,  ......  ,  .  .  .  .  ,  claim  to,  by  Danes,  526, 

demanded,  442,  570.  526  i-iv,  593  I,  628  i. 

......  ,    .....   claim   to,   by   British,  ......  ,    .  .  .  .  ,    .  .  .  .  ,    .  .  .  .  ,   reply   to, 

8  i,  593  iv  (a),  624  i,  628  i.  526,  526  i,  n,  628  i. 

......  ,    .........  ,    ----  ,   reply   to,  ......  ,  ----  ,  .........  ,  representa- 

593  i-iv.  tion  on,  582,  582  i  ff,  652. 

...........  ,    claim    to,    by    Danes,  ......  ,  .  .  .  .  ,  Craul  Bay,  fortification 

593  i-iv,  624  i,  628  i.  of,  by  Danes,  526  i. 

......  ,  .  .  .  .  ,  .  .  .  .  ,  .  .  .  .  ,  referred,  593  .......  ,  .  .  .  .  ,  description  of,  298. 

......  ,    .........  ,    .  .  .  .  ,   reply   to,  ......  »•••.,  settlement  on,  by  Danes, 

628  i.  628  i,  736. 

......  ,  ____  ,  ----  ,  ----  ,  report  upon,  ......  ,    ----  ,    ----  ,   protest  against, 

8  I.  298,  298  x,  494,  494  i,  n,  526, 

......  ,  ____  ,  description  of,  298.  526  i,  n,  v,  628  i. 

......  ,   .  .  .  .  ,  inhabitants  of,  carried  ......  ,    .  .  .  .  ,    .  .  .  .  ,    .  .  .  .  ,   reply   to, 

off  by  Spaniards,  298,  797.  526  in,  iv. 

......  ,     ....,     ....,     ....,    enquiry  ......  ,  ....,  ....,  ....,  .  ...,repre- 

concerning,  652.  sentation  upon,  652. 

......  ,  .  .  .  .  ,  .  .  .  .  ,   numbers   of,   298  ......  ,  .........  ,  .  .  .  .  ,  .  .  .  .  ,  reply 

rx.  to,  593  I. 

......  ,  ----  ,  ----  ,  increase  of,  408.  ......  ,  .........  ,  .........  ,  referred, 

......  ,  .  .  .  .  ,  .  .  .  .  ,  discouragement  of,  593. 

ordered,  408.  ......  ,  St.  Peter's  I.,  description  of, 

......  ,   .....  report  upon,  required,  298. 

408.  ......  ,  St.  Thomas,  Danes  at,  298. 

......  ,  ----  ,  withdrawal  from,  593  i  .......  ,    .........  ,  complaints  con- 


,    Capt.    Kidd's    cargo  corning,  628  i. 

at,  624  i. 


landed  at,  624  i.  ......  ,....,....,  observations  on, 

,  .........  ,  protest  against  by  609. 

Admiral  Benbow,  624  i.  ......  ,....,....,  enquiry  concern- 

,    migration    to,     from  ing,  610,  652. 

Leeward     and     other     Virgin  ......  ,   ____  ,   .  .  .  .  ,  title  of,  526  in, 

Islands,    40,    40    i,    214,    298,  iv,  693  i. 

298v,  vn.  ......  ,....,....,....,    denied, 

,    ----  ,   .....  prohibited,  526  n,  628  i. 

40,329,692,6921.  ...........  ,     ____  ,     ____  ,    enquiry 

,     .  .  .  .  ,    .  .  .  .  ,     .....    petition  concerning,  610. 

concerning,  298,  298  v,  vn.  ......  ,  ----  ,  ----  ,  observations  upon, 

,  .........  ,  .  .  .  .  ,  .  .  .  .  ,  recom-  609. 

mended,  298.  ......  ,  ----  ,  ----  ,  report  upon,  8,  8  i. 

,     sloop     captured     by  ......  ,   ____  ,  emigration  to,  fear  of, 

pirates,  298  in.  408. 

,  .  .  .  .  ,  turtling  at,  692.  ......  ,    ____  ,  expedition  against,  by 

,  Sta.  Cruz  I.,  description  of,  Spaniards,  feared,  818  i. 

298.  ......  ,    .  .  .  .  ,    .  .  .  .  ,    .  .  .  .  ,   aid  from 

,  emigration  to,  checked,  L.I.,  solicited,  818  i. 

442.  ......  ,   ----  ,  French  privateers  har- 

,    ----  ,    proposed,  boured  at,  628  i. 

487.  ......  ,    ----  ,     Governor   of,    593   i  ; 

,  pirates  at,  797,  797  i.  and  see  Bredal,  E. 

»  .....  ship  of,  destroyed,  ......  ,  .........  ,  letter  from,  59  i, 

298.  n,  iv  (6),  736,  818  i. 


GENERAL  INDEX. 


539 


Virgin  Islands,  St.  Thomas,  Governor 

of — cent. 
, ,  letter  to,  593  iv  (a), 

623,  736. 
, , ,  enquiry  for, 

623. 
,    ,    . . . . ,   burnt   in 

Admiralty  fire,  624. 
,   . . . . ,   . . . . ,  message  to,  487, 

494,   494  ii ;    and  see   Bredal, 

E. 
,  . . . . , representation  to, 

concerning  Virgin  Islands,  298, 

298  iv. 

,   . . . . ,  negroes,  runaway,  har- 
boured at,  628  i. 
,    Phillip,    — ,    case    of, 

298  x. 
,    pirates  supplied  from, 

797,  797  i. 
,     . . . . ,    settlement    of    Virgin 

Islands  from,  494. 
,    . . . . ,    . . . . ,   protest  against, 

494,  494  I. 

, trade,  illegal,  with,  628  i. 

, ,  trade  with  N.E.,  620  I. 

,  Spanish  Town,  442. 

,  . . . . ,  description  of,  298. 

,    . . . . ,  inhabitants  of,  migra- 
tion of,  to  Sta.  Cruz,  petition 

for,  298,  298  Vii. 

,  . . . . ,  . . . . ,  . . . . ,  . . . . ,  recom- 
mended, 298. 
, ,   .'...,  restrained, 

442,  487. 
,  to  St.  Kitts, 

intended,  487. 
,    . . . . ,    . . . . ,    . . . . ,   grants   of 

land  to,  in  St.  Kitts,  proposed, 

487,  570,  736. 
,  . . . . ,  . . . . ,  numbers  of,  298, 

298  vi. 
,     . . . . ,    praise    of,    by    Capt. 

Walton,  exaggerated,  298. 

, soil  of,  exhausted,  298. 

,  Tortola,  British  settlement  on, 

8  i. 

,  title  to,  628  i. 

description  of,  628  I. 

,  . . . . ,  drought  and  famine  in, 

442. 
,  . . . . ,  lands  in,  grants  of,  298, 

298  vn. 
,  inhabitants  of,  migration 

of,  to  Sta.  Cruz,  checked,   442, 

487. 
, ,...., petition 

for,  298,  298  vn. 
, , ,  to  St.  Kitts, 

intended,  487. 
,    . . . . ,    . . . . ,    . . . . ,   grants  of 

lands  to,  in  St.  Kitts,  proposed, 

487,  570,  736. 
, , ,  numbers  of,  298 

VIII. 


Virgin    sloop,    seized    by    Spaniards. 

See  Virginia,  Beverley. 
,   . . . . ,  crew  of,  deposition  by, 

10  vni. 
Vorst,    Simon    Van,    pirate,    trial    of, 

575,  575  I. 


Wachter,  Jacob,  letter  from,  198. 

, letter  to,  226. 

Wackee,    Isaac,  captured  by  pirates, 

797  n. 

Wade,  ship,  taken  by  pirates,  797  n. 
Wager,  Sir  Charles,  Commissioner  of 

the  Navy,  document  signed  by, 

386,  619. 
Wagstaffe,  Avery,  deputy  Secretary, 

Jam.,  109  n. 
Walco,  Josiah,  claim  to  lands  between 

Nova  Scotia  and  Maine,  report 

upon,  261. 

, , ,  reply  to,  268. 

Walker,  Thomas,  Councillor,  Bahamas, 

737. 
,  William,  Councillor,  Bahamas, 

737. 
,    ....    (Barbados),  caveat  by, 

535,  572. 
Wallwin,    Thomas,    junr.,    document 

signed  by,  438,  429. 
Walpole,  Horatio,  Surveyor  and  Audi- 
tor General  of  the  Plantations, 

476. 

, ,  patent  of,  133,  154. 

,  . . . . ,  accounts  required  from, 

133. 

Walter,    R.,    Councillor,    N.Y.,   docu- 
ment signed  by,  738  i. 
Walton,    Capt.,    report    upon    Virgin 

Islands,  criticised,  298. 
,  William,  document  signed  by, 

516  i. 
Ward,  James,  plantation  of,  petition 

concerning,  30,  30  I. 
Waring,  Thomas,  document  signed  by. 

399. 
Warner,  Ashton,  Speaker  of  Assembly, 

Antigua,  document  signed  by, 

411,  412. 
,  Edward,  Councillor,  Antigua, 

797. 
,    document   signed   by, 

411,  412. 
,  . . . : ,  plantation  of,  St.  Kitts, 

order  concerning,  817. 
John,  Judge  of  the  Admiralty 

Court,  Jam.,  118. 
,    . . . . ,    document   signed   by, 

252  in. 


540 


GENERAL  INDEX. 


Warner,  John — cont. 

,  . . . . ,  prosecution  of,  petition 

for,  591  ii. 
,....,....,  order  for,  proposed, 

606. 

, , ,  ordered,  643. 

Warner,  frigate,  358. 

Washington,  John,  jr.,  Va.,  grant  of 

lands  to,  657  IV. 
Waterman,    John,    document    signed 

by,  742  iv-xn,  xiv. 
Watkins,  Giles,  document  signed  by, 

411,  412. 
Samuel,  Councillor,  Bahamas, 

737. 

, ,  death  of,  737. 

,    . . . . ,    document   signed   by, 

413. 

Watson,  Capt.,  423. 
Watte,    Mary,    document    signed    by, 

716  i. 
Watts,  Robert,  document  signed  by, 

516  i. 

Way,  — ,  110. 
Wear,  Peter,  recommended  for  Council, 

N.H.,  700. 
Weatherill,   James,   document   signed 

by,  411,  412. 
Weekes,  Ralph,  document  signed  by, 

742  xiv. 

Weiser,  Conrad,  character  of,  600. 
,    . . . . ,    goes    to    England    on 

behalf  of  Palatines,  600. 
Welch,  James,  deposition  of,  729  (a). 
Wells,  John,  Councillor,  N.J.,  613. 
,    . . . . ,   appointment   of,    234, 

348,  601. 
,  . . . . ,  recommendation  of,  12, 

194,  219. 
Wensley,  Anne,  deposition  of,  262. 

,  George,  262. 

Wentworth,  John,  Lt.  Governor,  New 

Hampshire,  Commission  of,  80. 

,  . . . . ,  appointment  of,  283. 

,  . . . . ,  business  of,  307. 

,  . . . . ,  complaints  against,  anti- 
cipated, 307. 

, letter  from,  307. 

Wentworthy,  J.,  document  signed  by, 

700  vni. 
WEST  INDIES,  trade  with  N.E.,  85, 85  i; 

and  see  Trade.  • 
provisions  for,  transport   of, 

from     N.E.,      threatened      by 

Spaniards,  738  v. 
West,  Patrick,  document  signed  by, 

413. 
,   Richard,    Counsel   to    Board 

of  Trade,  appointment  of,  496. 
,    letter  from,   630,   545, 

572,   581,   607,    615,    652,    663, 

744,  750  n,  755,  786. 
letter  to,  531,  564,  577,  599, 

636,   706,   708,   726,   731,   741, 

764. 


West — cont. 

,  Robert,  conveyance  of  grant, 

N.E.,  261,  268. 
Western  Islands  (Azores),  trade  with, 

returns  of,   85,   330,   575,   600, 

618,  618  i,  736,  742. 
,     required,    334, 

344,   402,   408,   419,   450,   465, 

471. 
Weston,    Ambrose,    case    of,    report 

upon,  527. 

,  . . . . ,  conduct  of,  approved,  64. 

, ,  petition  of,  370,  370  i ; 

and  see  Tulon. 
Whale    fishery,     licences    for.        See 

Mulford,  S. 

,  . . . . ,  opinion  on,  478. 

Wheeler,  Sir  Francis,  report  by,  798. 

,  Robert,  N. J.,  death  of,  739. 

Wheelock,  Bryan,  Assistant  Secretary, 

Board   of   Trade,    letter   from, 

224,  555,  599. 

, salary  of,  233. 

Whetstone,  John,  petition  of,  753  i. 

,  . . . . ,  . . . . ,  referred,  753. 

,  . . . . , report  upon,  767. 

Whitburn,  Capt.  Richard,  mission  of, 

798. 
White,     William,     Councillor,     Mont- 

serrat,  797. 
Whitney,  Capt.,  R.N.,  737. 

,   . . . . ,  complaint  against,  807. 

Whore-Kills  (Cape  Henlopen),  177  i. 
Whorwood,  Thomas,  Capt.,  R.N.,  394. 

,  . . . . ,  Instructions  for,  394. 

Wickham,    Benjamin,    deposition    of, 

729  (6). 
,    document    signed    by, 

192. 
,  Elizabeth,  deposition  by,  359 

XII. 

,  John,  deposition  of,  359  v. 

,  Mary,  deposition  of,  359  iv. 

,  Nathaniel,  359  i,  iv. 

,  deposition  of,  359  vi. 

petition  of,  477. 

Wignacourt,  Franconville,  Marquis  de, 

letter  from,  396,  397. 
,  . . . . ,  settlement  between  Nova 

Scotia  and  Maine  proposed  by, 

396,  397. 
Willard,  Josiah,  Secretary,  Mass.  Bay, 

fees  of,  Act  affecting,  complaint 

concerning,  274. 
,    ,  letter  from,   274,   524, 

544,  776. 

, ,  letter  to,  616  vni. 

,    . . . . ,  salary  of,   insufficient, 

776. 
,  . . . . ,  stationery,  request  for, 

524; 
Willett     (Willet),     John,     Councillor, 

St.  Kitts,  66. 
,   leave  of  absence,  736, 

797. 


GENERAL  INDEX. 


541 


Willett  (Willet),  John— con*. 

,    plantation  of,  petition 

concerning,  30,  30  I. 
,    . . . . ,    . . . . ,    grant   of,    con- 
tinued, 674. 
,  Ralph,  Councillor,  St.  Kitts, 

559. 

,  death  of,  736. 

,   plantation  of,  petition 

•concerning,  30,  30  I. 
William,  ship,  captured  by  pirates,  660. 
William  and  Mary  sloop,  captured  by 

pirates,  551  I,  n,  v,  vu,  vin,  x. 
William  III,  798. 
Williams,  James,  134  in. 

,  . . . . ,  deposition  of,  134  v. 

,   John,   document   signed   by, 

399. 
,   . . . . ,  plantation  of,  petition 

concerning,  32. 

,  . . . . ,   . . . . ,  grant  of,  contin- 
ued, 574. 

Willington,  Capt.,  384. 
Willis,  Capt.,  392  I. 
Winchelsea,  H.M.S.,  10,  566. 
Winkler,  Herman,  instructions  to,  693 

n. 

, ,  letter  from,  690. 

Wiseman,  William,  document  signed 

by,  603  m. 

Witherill,  John,  certificate  by,  43  n. 
Witts,  John,  deposition  of,  729  (b). 
Woddrop,  William,  Judge  of  Admir- 
alty, St.  Christophers,  742. 
Wood,  William,  letter  from,  391,  415, 

467. 
Wooddeson,  J.,  document  signed  by, 

233. 
Woodley,  John,  document  signed  by, 

438,  439. 
Woodrop,    Alexander,    plantation   of, 

St.  Kitts,  proposal  to  purchase, 

83. 
Woodrope,    William,    Councillor,    St. 

Kitts,  298,  736,  742,  797. 
,     . . . . ,    plantation    of,    order 

concerning,  817. 
Woods,   H.M.,   in   America,   Act,  for 

preservation  of  pine  etc.,  744. 
,  . . . . ,  . . . . ,    for   better 

preservation  of,  proposed,  616, 

616  v,  617. 
,  care  of,  to  be  entrusted 

to  Governor  of  New  England, 

proposal  for,  692. 
,  . . . . ,  claimed  for  Mass.  Bay, 

283,  616,  616  i-vi,  672. 

, Crown  title  to,  755. 

,    . . . . ,    . . . . ,  challenged,   283, 

616,  616  i-vi,  672. 
,  . . . . ,   . . . . ,  enquiry  concern- 
ing, 711,  726,  741. 

,  . . . . ,  . . . . ,  opinion  on,  744. 

,      . . . . ,     . . . . ,     reserved     by 

Charter,  744. 


Woods,  H.M. — cant. 
,  . . . . ,  preservation  of,  import- 
ance of,  755. 
,    . . . . ,    . . . . ,  instructions  for, 

insistence     on,     recommended, 

755. 
,     . . . . ,    survey    of,    in    Nova 

Scotia,  proposed,  619. 
,    . . . . ,    Surveyor   General   of. 

See  Bridger,  J. ;    Burniston. 
,  . . . . ,  to  act  by  deputy, 

592. 
,    . . . . ,   Instructions  to, 

619. 

,  need  of,  617,  735. 

,     . . . . ,    waste    of,     in    New 

England,    283,    428,    616,    617, 

672,  735,  812. 
, ,    difficulty 

of  preventing,  616. 
,  . . . . ,  . . . . ,  . . . . ,  measures  to 

prevent,  428,  429. 
,    ,  complaint 

from  N.H.  concerning,  428. 
,   ,....,  prosecutions 

for,  proposed,  672. 
Woodward,    Anthony,    recommended 

for  Council,  N.J.,  739. 
,   John,   document   signed   by, 

399. 
Wool,  Carolina,  452  I. 

,  manufacture  of,  in  N.E.,  620. 

,     . . . . ,     enquiry 

concerning,  418.  * 
,   . . . . , ,  remedy  for, 

proposed,  620  i. 

,  in  the  Plantations,  819. 

,  prohibition  of  trade  in,  85. 

,  seizures  of,  trial  of,  in  Admir- 
alty Courts  urged,  85. 
Works,  Office  of,  299. 

letter  to,  224. 

Worley,  — ,  pirate,  capture  of,  787. 

Wright,  William,  N.S.,  352. 

,    . . . . ,    document   signed    by, 

351  ii. 
Wrighte,    — ,    document    signed    by, 

483. 
Wyke,  George,  Councillor,  Montserrat, 

797. 
Wyllys,      John,      recommended      for 

Council,  Jam.,  53. 


Yate,  Charles,  Capt.,  737  vu. 
Yeamans,  John,  Councillor,  Antigua, 
appointment  of,  745,  769,  775. 
,   . . . . ,  petition  for,  705. 


542  GENERAL  INDEX. 

Yeamans,  John — con*.  Yucatan,  logwood  cutting  in,  104  i. 
,     . . . . ,    recommendation    for, 

567,  676,  596,  745,  754;    and 

see  Barrington,  J. 
Robert,  document  signed  by, 

742  iv-xn. 
Yonge,    Francis,    Surveyor    General, 

Car.,  commission  and  instruc- 
tions of,  694.  Z 
,    . . . . ,   document   signed   by, 

730,  787.  Zuthill,  Za.,  Lt.,  document  signed  by, 
,    ....,  return  of  surveys  re-  700  ix,  x. 

quired  from,  694. 


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