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AMERICA AND WEST INDIES,
JULY, 1712-JULY, 1714,
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CONTENTS,
PAGE
CORRIGENDA - IV -
PREFACE v -
CALENDAR
GENERAL INDEX -
Wt. 5622. C.P. a.
(iv.)
CORRIGENDA,
Page 10, line 13. For Phill. read Phile.
,, 17, line 30. For Governors read Governor.
38, line 28. For 1388 read 388.
,, 191, line 3 from bottom. For 30 read 20.
,, 252, line 13. For Heldison read Addison.
287. Delete No. 551, which should be dated 1715.
312, line 36. For [?Earl of Dartmouth] read [? Lord
Bolingbroke].
(v.)
PREFACE,
11.
GENERAL.
The present volume carries the publication of the
Colonial series of State Papers down to the end of the
reign of Queen Anne.
Treaty of The announcement of the Truce, and, presently, of the
Treaty of Utrecht and its terms was received in the
Colonies with a chorus of welcome (50, 66, 339, 396).
The addresses no doubt bear witness to relief at the end
of a long and expensive war (94 xii., 145 ii., 153, 231,
453, 453 i., 464, 468, 496 i.). If the weak points of the
Treaty were realised, they were not yet openly expressed.
Only the Jamaicans, disappointed of their hope of
regaining the Asiento trade, and anxious lest the
monopoly of the Royal African Company should be
renewed, bewailed their lot and refused to sign a con-
Cape Breton, gratulatory address (612 i.). As to Cape Breton, the
Council of Trade were asked for and gave the grounds
for their statement that it had always been esteemed part
of Nova Scotia by the French themselves (162, 166).
No sooner was the Treaty signed, than the French began
to settle and fortify that island, diverting to it all the
energy and funds which had hitherto been spent on
Acadie and Placentia, and placing it under the Govern-
ment of the late Governor and Lt. Governor of Placentia
(521, 522). Their schemes for settling on the Mississippi
also caused apprehension (295).
Hudson's Petitions were presently submitted by the Hudson's
Bay Company and the planters of Montserrat for the
settlement of the reparation to be made to them for
damages inflicted by the French in time of peace or
armistice (v. 3). Steps were accordingly taken for
the appointment on both sides of the Commissaries who.
VI.
PREFACE.
Peace with
Eastern
Peace
establishments.
by the 10th, llth, and 15th Articles of the Treaty,
were to settle these matters (638, 638 i., ii., 667, 674,
675, 691, 727, 736). Among the terms not in the bond
was an arrangement by which, in return for the release
of prisoners who had been sent to the galleys on account
of their religious belief, it was agreed to make some
concessions in favour of French inhabitants of the
Plantations now ceded to Great Britain. Governor
Nicholson was instructed to allow the French inhabitants
of Nova Scotia and Placentia to continue to enjoy their
estates until H.M. pleasure was further known (343,
386).
The Articles of Peace and Commerce with Spain were
circulated to Governors in April, 1714 (632). Already
smce ^ ne Truce the old question of the Spanish claim to
Salt Tertudas had been raised again. Spanish privateers
seized British vessels raking salt on that barren and
uninhabitable island, on the grounds that it belonged to
the Crown of Spain. New Englanders, on the contrary,
asserted that the Spaniards had no occupancy there ;
that it was " free and common as the ocean " ; and that
the right of raking salt there, established by long usage
and by Treaty, was essential to their fishery and of no
value to anybody else (478 i., 484, 484 i.-vii., 504, 513,
513 ii.). This view was supported by the Council of
Trade in their report on the subject (554 i.).
The prospect of the conclusion of the war with France
made the Eastern Indians anxious to come to terms
with the New Englanders against whom they had
rebelled. The terms of their submission are reported by
Dudley (464, 466, 467).
Many problems, the natural aftermath of a long war,
now called for decision. Among these was the establish-
ment of troops necessary in times of peace, and the
further question as to how far the Colonies could be
induced to pay for their quartering and subsistence
(275, 309, 413, 637, etc.). In view of the cost of supplying
the Plantations with ordnance and stores of war, the
Lord High Treasurer instituted enquiries as to how the
Colonies could be made to pay for the whole charge of
their governments (349, 574).
PREFACE. vii.
Amongst other advice and petitions as to the terms of
the Treaties of Peace and Commerce (205, 206, 247), is a
petition from West Indian merchants and planters
Foreign against prohibitory duties being laid on British sugar
Sugar duties. * J
and other West Indian commodities imported into
France and French dominions (188, 247, 248). On the
other hand, came a petition from Barbados against the
importation into the Northern Colonies of rum, sugar,
and molasses from Surinam, which was able to undersell
the British Sugar Islands (482). After interviewing the
agents for Barbados and Massachusetts, the Council
of Trade decided to recommend that the trade between
the Plantations on the Northern continent and foreign
Plantations should be prohibited by law here (577). A
bill was ordered to be brought in accordingly (589). Thus
we find that in three particulars there was initiated after
the Treaty of Utrecht the policy which was to be pursued
with such singular infelicity after the Peace of Paris.
This point has not, I think, hitherto been appreciated by
historians.
Proposed The problem of settling soldiers on the land always
settlements A
by disbanded arises after a war. The Empire had new land to be
settled and disbanded soldiers in plenty, but after so
exhausting a war little enough of the capital necessary
for financing such projects. We have, then, petitions
from a group of disbanded officers and soldiers for a
grant of vacant land between New England and Nova
Scotia (357, 366, 379 i.). They asked for a free passage
and full pay for two years, amounting to some fifteen
thousand pounds (385). The Council of Trade in
reporting upon this proposal as desirable but expensive,
suggested Nova Scotia as more suitable for such an
experiment. Their suggestion was adopted (366, 390,
448 i.-iii., 459, 460 i.). It is interesting to observe that
^ e original promoter of the scheme was Thomas Coram,
whose name is familiar to Londoners as the Founder of
the Foundling Hospital, and the eponymous hero of
Coram Street and Dickens' s Tatty Coram. In pressing
the proposal put forward by him both as a means of
saving starving ex-soldiers and of developing the Empire,
he gives some interesting details of his own career (460 i.),
Vlll. PREFACE.
with which his biographers do not seem to be acquainted
(v. D.N.B. and authorities there quoted).
" Nova Anna " Expense proving a stumbling-block, a new scheme was
next proposed for settling a Colony to be named Nova
Anna on the site originally suggested. Settlers were to
receive a grant of the lands, and a patent for coining
1500 tons of copper half -pence and farthings for England
and the Colonies was to provide them with the necessary
capital of 105,000. The report of the Master of the
Mint, Sir Isaac Newton, exposed the weak point in these
calculations (618 ii., 629, 633-640 i.), whilst the Council
of Trade called attention to the rights of Massachusetts
in the lands mentioned. They added that none of the
other Colonies had been settled at the charge of the
Public and in so burthensome a manner as this appeared
to be (659).
French A complaint was made by the French of illegal trade
megai trade, carried on between Barbados and Martinique, and
shared in and protected by Capt. Vanbrugh of H.M.S.
Sorlings in defiance of the French Governor, his own
Instructions and the provisions of the Treaty of Peace
and Neutrality (716 i., 733, 733 i., 735, 737). *
Abuse of The consideration of a batch of Acts from Pennsylvania
61 Acts rary drew attention to an anomaly in the matter of temporary
laws enacted there and elsewhere. The device of re-
enacting an expiring temporary law before it was repealed
provided a loop-hole whereby the right of repeal vested
in the Crown might be evaded (553, 689, 689 i., 692). The
Attorney General pointed out that in other than
Proprietary Governments the case was already provided
against by Instructions to Governors. But an Act of
Parliament was needed to remedy the mischief in the
case of Chartered Colonies. He remarked upon the
absence of any obligation in the Charters of Rhode Island
and Connecticut for the submission of laws for the
approval of the Crown (728).
Act In response to urgent petitions and reports from
Tobacco e Maryland and Virginia as to the condition of the tobacco
trade and the necessity of reducing the several duties
upon that article, and in pursuance of previous repre-
sentations by the Council of Trade upon that subject, a
PREFACE.
IX.
bill for encouraging the tobacco trade was brought in. In
Virginia an Act was past intended to restore the prestige
of the Dominion tobacco (473, 473 i., ii., 684, 684 i.,
686, 688).
In August, 1713, Lord Dartmouth announced to the
Dartmouth, several Governors that he had been succeeded by Lord
Boiingbroke as Secretary of State for the Southern
Department (455, 456, 487, 489). In spite of the
enormous amount of business in which he was involved
by the negotiation of the Treaties and home politics,
Boiingbroke gives many indications of his grasp of the
numerous important problems in Colonial affairs, which
were now calling for solution, notably in Newfoundland,
Nova Scotia and Jamaica (699, etc.}. In one of the earliest
His activity, instructions issued by him, he insisted upon the rights of
Patent Officers being maintained (487). At the same
time the abuse of Patent Offices was growing apace.
Erasmus Lewis, for instance, was appointed Provost
Marshal General of Barbados and allowed to exercise
his office by Deputy on the ground that he was Lord
Dartmouth's Secretary. His patent was revoked when
Dartmouth was dismissed (96, 98, 111, 452). This,
however, may not have been a case of post hoc, propter
hoc. For Bolingboke some months later was apparently
ignorant of the change, and wrote to recommend Lewis
and his Deputy to the particular protection of the
Governor of Barbados. Possibly Lewis, in view of the
uncertainty of the political situation, may have thought
it wiser to strike a bargain and to sell the reversion of
his place to his successor. Certainly the activities of the
Jacobite party were increasing at this time, and are
reflected in the changes which were taking place or being
prepared in official life both at home and abroad. The
appointments of General Nicholson, of Major Lloyd,
of Lt. Governor Pulleyne and of William Sharpe, as
well as the neglect of Col. Hunter and Col. Vetch and the
recall of Governor Lowther and Lt. Governor Bennett
must be considered in this light. Even that excellent
servant, William Popple, the Secretary of the Board of
Trade, was now threatened with dismissal as the reward
for his sturdy Protestantism and support of Governor
X. PREFACE.
Hunter and the Whig party. According to his own
official statement made in June, 1716, he would have
been turned out had Queen Anne lived a few days
longer, for his place was " already promised to another."
(C.O. 152, 11. No. 11.).
Commissioners Qne of Bolingbroke's notions was to send Commis-
into sioners to enquire into the disorders and confusions in
3 ' Jamaica, Barbados and the Leeward Islands and other
Colonies in those parts, with a view to taking steps to
put an end to them (612). This was an extension of the
idea which had prompted the sending out of General
General Nicholson with a large Commission of enquiry into the
Commission, affairs of the Northern Colonies (97). This Commission
was primarily to enquire into the disposal of stores of
war and funds granted to the Colonies since 1701 for
various purposes ; into the state of H.M. forces, woods,
fisheries, settlements and into clandestine trade ; and to
treat with the Indians. Nicholson was empowered to
dispose of superfluous stores remaining over there from
the Canada Expedition, etc., and also to take back to
America those which had been returned (97, 242, 259).
The Lords Proprietors of Carolina were also permitted
to commission him to enquire into and report upon the
disorders in North Carolina (154, 264). He was also
instructed to recover arrears of prize money due to
the Crown. For there were good grounds for suspecting
that there had been embezzlement or fraudulent conceal-
ment of considerable sums of this nature in the Planta-
tions (267 i.-iii., 301, 301 i.-iii., 312 i.). Nicholson was
further directed to report upon the delay in fixing the
boundaries between Virginia and Carolina and between
Pennsylvania and Maryland (311 i.). In addition to
Governor of all these trusts, he was appointed Governor and Corn-
Nova Scotia _ . _., . - __. _. . , .._
and mander in Chief of Nova Scotia and Newfoundland (104,
Newfoundland. 1Q5) His de p arture was delayed by bad weather.
He did not arrive at Boston until the end of the year,
when he immediately began to prosecute his enquiries
into the affairs of the Northern Plantations (407, 443,
Loyalist 524 ff\ With Dartmouth's approval he took over
Propaganda. t/ | / ' **
with him some printed copies of the Queen's speech of
16th July and had 3,000 more printed in Boston, to be
PREFACE.
XI.
Prisoners
sent home
for trial.
circulated as propaganda to counteract " the traitorous
factious and ill-natured pamphlets," which were being
sent over and " industriously spread abroad amongst
the people " (425, 432, 523, 731).
Several instances occur of prisoners being sent home for
trial from Jamaica, the Leeward Islands and Virginia
under the statute of Henry VIII. referred to in former
volumes. Such procedure does not appear to have
been regarded as a grievance in the Colonies then as it
was in Massachusetts some 60 years later. The objection
came from England. For one reason or another, the
witnesses and evidence in these cases lagged behind the
accused. Lord Dartmouth therefore gave directions
that Governors should be instructed not to transmit
any prisoners without sending full proofs of their guilt
at the same time (34, 49, 62, 135, 233).
In response to the repeated requests of the Board
of Trade, a considerable number of accounts of Revenue
came in from various Colonies (420, 421). The Board
again drew attention to the inconvenience caused by
absentee Councillors (486). Their own salaries were
seven quarters in arrear in Jan., 1713 (254). The
Assistant Secretary, Adrian Drift, was sent to Paris to
help Mat. Prior in the negotiations of the Treaty.
At the close of the war, Mr. Dummer proposed to
renew his packet-boat service, which had been suspended
owing to the great losses inflicted by enemy privateers
(10, 10 i., 13).
The unfortunate Jeronimy Clifford, still languishing
in Fleet Prison for debt owing to the refusal of the Dutch
to compensate him for his property in Surinam, now saw
reason to fear that he was in danger of losing his lands in
Jamaica (369).
n.
THE AMERICAN COLONIES.
Carolina: Robert Johnson was appointed Governor of Carolina
appointed, in April, 1713 (316), and Charles Eden Lt. Governor of
North Carolina, in succession to Edward Hyde, who died
in Sept., 1712 (99, 331 i.). The death of the latter
Board of
Trade.
Revenue
Accounts.
Absentee
Councillors.
Packet-boat
service.
Jeronimy
Clifford.
Xll.
PREFACE.
Disorders in
N. Carolina.
War with
Tuscaroras.
Help from
Virginia.
Col. Moore
defeats the
Tuscaroras.
rendered confusion more confounded in that distracted
Government. Political divisions paralysed attempts at
defence against the Indians and even caused failure to
fulfil the obligations undertaken on account of forces
from Virginia sent to relieve the country (25, 99). A
fresh outbreak of the Tuscaroras followed close upon the
peace hastily patched up by Col. Barnwell. They were
exasperated by his conduct in carrying off captives on
his retirement to South Carolina, and encouraged by
promises of help from the Senecas. These irregular
proceedings, the Lt. Governor of Virginia declared,
" discourage and disenable me to assist " the Carolinans
(25). Before long, however, in response to a despairing
appeal from the Assembly of North Carolina, he managed
to extract from the very unwilling Burgesses of Virginia
a grant of 1,000 for their assistance. The Assembly
not without reason looked upon their neighbours as
largely responsible for their own misfortunes, as well
as for the danger which threatened the Virginian frontiers
" by the continued disorders in the Government and the
disorders of the people." But Spotswood remarks that
the sum thus voted, though inadequate for the task of
subduing the enemy, was the greatest donation ever made
there to be spent out of the country. The Assembly of
North Carolina had offered to supply provisions and the
cost of transport for Virginian troops. But it soon
became clear that they could neither keep this promise
nor supply more than one hundred men for an expedition
against the Indians, even though a gift of clothing for
them was voted by Virginia. For some of the inhabitants
deserted the country to avoid military service in its
defence, and others sheltered themselves under the cloak
of Quakerism. In the meantime a force of 850 Indians
and 33 white men under Col. Moore was marching from
South Carolina to their relief (272, 272 i., 273). Moore's
expedition met with unexpected success. He inflicted a
thousand casualties upon the Tuscaroras and captured
their only fort (272, 355). As the Government of Carolina
was incapable of continuing the war, and it was now
certain that the Tuscaroras were being assisted not only
by the Senecas, but also by the Mohawks and others of
PREFACE. Xlll.
the Five Nations, Spotswood intervened to make peace
(355, 524 iii. (a) ). The Tuscaroras, after their defeat,
had come down to the Virginian frontier, and Spotswood
endeavoured to raise a force to deal with them. He
completely failed, however, to enlist even the small
number of two hundred volunteers which he proposed to
raise for that service. He decided, therefore, to make a
Treaty with the Tuscaroras, and this, fortunately, they
were ready enough to enter into (473, 502). The details
of it are given (603, 603 i.-iii.).
Maryland was still suffering from the low price of
tobacco, but the hopes of the planters rose as it gave
signs of improving (11). We have seen (1), that
attention was paid to their petitions for a reduction of
the duties upon that commodity (319, 503, etc.).
Governor A new Governor was at last appointed in the person
appointed. rf j^ jj^ ^^ y^ ghortly after hig arrival ( 695)j
he reported that the impoverishment of the planters had
Drought and been increased by a serious drought, and that for want of
satisfactory prices, they were abandoning the cultivation
of tobacco and taking to raise cattle and grain. They
were being compelled to manufacture clothing themselves,
much to the detriment of the British woollen manu-
facturers (717).
Census. A census of the inhabitants was returned (1712). But
in Maryland as elsewhere neglect in keeping the registers
rendered it very imperfect (11, 1*1 i.).
Claims of the The claims of the absentee Secretary were still ignored
ignored, by the Assembly. In spite of a Royal letter mandatory,
they refused to pass an Act for regulating ordinaries as
directed, which should appropriate the benefit of the
licences to that office as heretofore, and compensate Sir
Thomas Laurence for his losses since 1704 (112, 586).
They stated their case at length in an address to the
Crown (567).
Nicholson's \v e have already referred to the Lords Proprietors'
Commission to General Nicholson to enquire into the
disorders in North Carolina and to appoint Deputies
to the Council on their behalf (154, 264). He was also
Boi ^th ries instructed to investigate the delay in fixing the boundaires
Virginia, with Virginia (311 i.). Although an Order in Council
XIV. PREFACE.
in Jan., 1713, directed the appointment of Commissioners
to settle this long-vexed question, Spotswood in July,
1714, reported that Mr. Eden, the new Governor, had
arrived without any instructions to that effect from the
Lords Proprietors. He explained the advantage they
drew from this delay and the steps he intended to take
(178, 245, 726).
Act for The Lords Proprietors sent out the draft of an Act,
q'St^nfs, drawn by the Chief Justice Trott, and approved and
amended by them, for securing quit-rents and settling
titles to lands (302, 303). They withdrew their order
that grants for new lands should only be issued by
order of the Board in London, but fixed the rates, quit-
rents and limit of each grant (462, 469). On complaint
Taxation of from Virginia, an Act imposing duties on Virginian
Virginian TTT
Indian traders with the Western Indians, contrary to previous
Traders. instructions> was repealed (178, 245).
Coi. Carey Col. Carey and those of his supporters who had been
Dei ?eturn. * caught and sent home from Virginia for trial, were
permitted to return to Carolina, no evidence against
them having been forthcoming to support a prosecution
(135, 233 ; v. 1).
Massachusetts To Bolingbroke, on his succeeding Dartmouth,
Governor Dudley described the steps he had taken to
defend the frontiers of New England and the difficulties
he experienced in obtaining the release of English
prisoners in Canada (116, etc.). The Council and
Assembly of Massachusetts Bay addressed the Crown for
a further preference to enable New England to compete
successfully with the East Country in supplying the
Naval stores. English market with Naval Stores (592). In response
to an enquiry from the Board of Trade, Dudley gave an
Paper Money account of the issues and provisions for paper money in
fc 'New England (384, 509). The question had been
raised by the Postmasters General. For bills of credit
having been made current as specie and standing at a
heavy discount, the collection of postage on letters
involved considerable risk, as well as immediate difficulty
owing to the fact that the lowest denomination of the
paper currency was for the nominal value of five shillings
(340, 340 i., 378, 384).
PREFACE. XV.
Submission of The close of the war brought with it the submission
Indians, of the rebellious Eastern Indians (464, 466, 467). Dudley
was also able to announce the conclusion of an agreement
with Connecticut over the long-standing boundary
dispute (464, 464 i.).
Newbury There is a petition from the churchmen of Newbury
Church. J
in which there is a hint of a proposed episcopal establish-
ment (519, 519 i.).
New York. Throughout this period the position of Governor
Governor A
Hunter's Hunter in New York was one of great and increasing
]/> ij O C2
difficulty. The Council of Trade, indeed, supported him
loyally at home (313, 324, 409, etc.}. But the sinister
opposition of Lord Clarendon was plainly revealed in
an attempt to prevent the pardon of the negro con-
spirators whom Hunter had reprieved (293). As the
danger of a Jacobite revolution grew more pronounced,
the prospect of his being left in the lurch or superseded
added to his anxieties and difficulties (404, 665). No
notice having been taken of his continual applications
The Palatines. f or f un d s to carry on the settlement of German Protestant
Refugees until the production of Naval Stores should
have begun to pay their way, he was at last compelled
to throw them upon their own resources. Many of them
at once proceeded to settle on the lands at Schoharee.
They had long desired to do so, but Hunter had done his
best to prevent them. There they were soon starving
(122, 404).
struggle with The long constitutional struggle with the Assembly of
the Assembly. .* i
.New York now reached a very critical stage. Hunter
appealed again and again to the Board of Trade, to
Dartmouth and Bolingbroke, assuring them that nothing
now remained but for measures to be taken by Ministers
at home (123, 124, 169, 171, 293, etc.). It is significant
that he who had acted with so much forbearance and
moderation felt compelled to ask for an increase of troops
to support the Government (100, 338). The Assembly
still insisted that the Council had no right to amend
money bills, and received the ruling of the Board of
Trade on that point with " indecent heats and undutifull
expressions " (7, 122). They assumed the right of
adjourning themselves ; denied the right of the Governor
XVI.
PREFACE.
Act for settling
the Revenue.
and Council to erect Courts of Judicature ; challenged
the right of the Crown to appoint officers or to dispose
of public money, and persistently refused to vote an
adequate revenue for the support of the Government
(126, 169, 293). No question of economy was involved
in this refusal, for their own frequent sessions cost more
than the money they saved by not voting a revenue
(122, 293, 293 i., 362). These and other infringements
of the Royal prerogative could only be part of a policy
intended to place the whole control of government
entirely in the hands of the Representatives. On these
grounds the Council of Trade recommended the passing
^ ^e Act which had been prepared in 1711 for settling
the Revenue of New York over their heads (313). It
was ordered to be introduced, but the close of the
Sessions being at hand, it was not laid before Parliament
(330, 409, 412). The threat of it, however, was sufficient
to induce the Assembly to make a show of passing a
Revenue Act. It was for one year only, and quite
inadequate (404, 665). In pursuance of his Instructions,
Quit-rents. Hunter had begun to enquire into the quit-rents. He
found that the planters had entirely ceased to pay them,
relying upon the " sence and strength of a country jury,
if they should be sued." The interest of the Crown had
been badly served by former extravagant grants and
renewals which reduced the original quit-rents. Hunter
called attention to the insignificance of the sum due
from so important a Province, and raised the question
of the validity of such grants (293).
The Attorney General was consulted on this and other
points in connection therewith, and also concerning
escheats and the whale-fishery (328, 334, 427, 665).
Hunter reported the building of the two forts in the
Mohawks' and Onondages' country (122), and also gave
a curious account of the social and political customs of
the Five Nations (295). He mentions that great
apprehension was felt on account of French plans for
making settlements on the Mississippi, "all along the
backs of our settlements " (295).
Affairs in New Jersey were at a standstill whilst
Hunter awaited a decision upon his application for the
The Five
Nations.
New Jersey.
PREFACE. XV11.
Councillors dismissal of the obnoxious Councillors. In the mean-
time Mr. Sonmans absconded with the Records (122, 296).
At last an order was passed for making those changes
in the Council which Hunter had declared to be necessary
for the peaceful government of the country (65, 315).
Harmony being thus restored, he was soon able to report
the passing of many acts, and the settlement of the
revenue for two years (404, 665).
Nova Scotia. General Nicholson was appointed Governor of Nova
Scotia in Oct., 1712 (97, 104, 105). Col. Vetch had
continually represented the great difficulty he was
experiencing in victualling the garrison at Annapolis
Royal, their credit being exhausted and bills of exchange
unpaid (31, 255). Nicholson did not visit his govern-
ment, but, from Boston, accused Vetch of fraud and
maladministration, on the reports of Sir Charles Hobby
(652, 731). In pursuance of an arrangement with the
French Court, by which English prisoners condemned
to the galleys on account of their religion were to be
released if some favour were shown to French inhabitants
of the ceded territories, General Nicholson was instructed
to permit the French settlers in Nova Scotia to retain
their lands and tenements till H.M. " pleasure be further
known," or to sell the same, if they preferred to quit the
country (343, 370).
Acts of T^ consideration of a batch of Acts from Pennsyl-
Pennsylvania.
vania (434, 525), raised a problem of considerable import-
ance. By the terms of Penn's Charter, he was allowed
five years after the making of a law in which to submit
it for H.M. approbation, but it could only be repealed
within six months of its being delivered to the Privy
Council. The Council of Trade represented that six
months was too short a period for the proper consider-
ation of a large number of acts if submitted at a time of
great pressure of business. Moreover, this provision
opened the door to the passing of temporary acts,
possibly of an objectionable character, which would
expire before the date at which it was necessary for
them to be laid before the Privy Council. Supposing
such an act were disallowed, it could be re-enacted before
any intimation of repeal could arrive in Pennsylvania.
xvm.
PREFACE.
Penn's
surrender.
By refraining from submitting the new temporary act
until near the time of its expiration, the same process
could be repeated, and thus the prerogative of the Crown
of approving or disapproving acts might be evaded. A
case in point was an act laying a duty upon incoming
shipping other than that owned by the inhabitants of
Pennsylvania (553).
It was decided that the agreement with William Penn
for the surrender of his propriety should be proceeded
with. As he was now incapable of attending to business,
an Act of Parliament was ordered to be prepared, for
supplying his incapacity and altering the method
complained of as to temporary laws and the time limited
for transmitting and approving laws. The Attorney
General reported that " during the last session of
Parliament a bill for that purpose could not be settled,
in regard of some difficulties between the mortgagees
and family of Mr. Penn." In other than Proprietary
Governments the case of temporary laws was provided
against by the Governors' Instructions. But enquiry
into the subject drew attention to the fact that there
was no obligation by charter for Rhode Island and
Connecticut to transmit their laws for H.M. approbation
at all, and an Act of Parliament would be necessary to
introduce any change in such charters (689, 689 i., 728).
We have already referred to the delay in fixing the
boundaries of Virginia and the aid given to Carolina
against the Indians. It was only with great difficulty
that Lt. Governor Spotswood induced the Assembly to
sanction those measures. They were unwilling to take
any steps for the defence of the country, and the Militia
was allowed to remain practically useless, although
the danger of negro insurrections and Indian risings
remained, even after the conclusion of the Peace.
Spotswood devised a scheme for strengthening the
frontier by settling parties of the Tributary Indians
and some of Baron de Graffenried's Palatines along
it (99, 726, p. 278). Spotswood managed to persuade
the Burgesses to pay the debt incurred for previous
Measures of measures of defence sanctioned by them, but they refused
to pay for the spy-boat he had commissioned (272, 325,
Virginia.
Defence.
PREFACE. XIX.
410). So serious was the position, that the Council of
Trade recommended that a grant of arms and ammuni-
tion should be made, but under strict regulations to
prevent the recurrence of loss and embezzlement (25, 260,
261). A frigate was appointed to protect the coast from
pirates (375).
The Spotswood was anxious to make it plain that the
Assembly acted through no lack of confidence in himself,
but that they were committed to a policy of economy
at all hazards. They had pledged themselves to their
constituents to raise no taxes, " let the occasion be what
it will." He attributed this attitude to the wide
franchise by which the purchaser of only half an acre
of land was entitled to a vote (99, p. 278). The Council
of Trade thereupon recommended the passing of an act
for the qualification of electors and representatives,
threatening an Act of Parliament to that effect, if the
Burgesses should refuse (325).
The Assembly rejected a bill embodying H.M.
Instructions as to the method of granting lands (272,
272 vi., 410) ; but Spotswood proceeded to put the
Instructions into force (272, 453, 473). By the end of
1713, however, he was able to announce that the
Assembly had concluded their session satisfactorily by
passing the Act declaring what shall be accounted a suffi-
cient seating, etc., as well as an important act for preventing
frauds in tobacco payments, calculated to improve the
position of the tobacco trade. It is a curious com-
mentary on the political morality of this age of placemen,
that he quite unblushingly observes, with regard to this
act, that it will have the additional advantage of enabling
a Governor for the future to carry " any reasonable
point in the House of Burgesses ; for he will have in his
disposal about forty agencys, likely to yield nigh 250
per annum each ; these my intentions are to dispose of
among the most considerable men of the Colony, and
principally to gratify with a place all the members of
Assembly who were for the bill ' (502, 530, 530 i., 531).
Returns and In the course of replies to the enquiries of the Board of
Trade in which he made returns of the revenue, negroes,
and neighbouring Indians, etc., Spotswood explained
Wt. 5622. C.P. b.
XX.
PREFACE.
Mines.
that the taking of a census was impossible owing to the
fear of the inhabitants that it would be used for imposing
a capitation tax. As elsewhere, the registration of
births, christenings and burials was very imperfectly
observed (25, 25 i.-iii., 272, 272 iii.-v., 603).
Spotswood was profoundly interested in the explora-
tion of the mountains on the frontier and the development
of mines reported to have been discovered there, a
project in which he engaged the services of Baron de
Graffenried. He pressed for a declaration of the
royalties which would be claimed by the Crown. Without
this, prospectors would not proceed. The Council of
Trade recommended that the Crown should demand a
fifth part of all gold and silver ore mined, a figure sug-
gested by the charter of Massachusetts Bay (25, 287, 599
ii., 671).
Action in the matter of the Tobacco duties is referred
to in 1. Among the remedies proposed for restoring
prosperity to the tobacco trade was a scheme for keeping
it in bond in warehouses (355).
Drought. A long continued drought threatened the crops (726).
Body of Laws. Spotswood's plan for collecting and publishing a body
of laws was approved (410, p. 137).
3.
Tobacco in
bond.
The Bahamas.
Barbados.
Guardships.
THE WEST INDIES.
The Bahamas, according to the Lt. Governor of
Bermuda, who wished to have them annexed to his
Government, were now nothing more than a nest of
pirates, who preyed chiefly upon Spanish commerce
(651).
The appearance of a French fleet off the Leeward
Islands (v. infra) occasioned an appeal for the help of
the Barbados guardships. Governor Lowther seems to
have done his best to send them. But unfortunately
the Naval officers in command chose to take umbrage
at his manner and to waste time over the question of his
right to give them orders rather than to seek out the
enemy and protect the Leeward Islands (69, etc., v.
Leeward Islands).
PREFACE.
XXI.
Recall of
Governor
Lowther.
Assembly and In Barbados the Assembly were having the same dispute
with the Council over the amendment of money bills as
was being fought out at New York. Lowther plainly
describes it as part of a move towards making themselves
independent of the Crown (45). The Council of Trade
agreed, and stated their view of the matter, making
pointed reference to the revenue act intended for New
York (412). Lowther had, however, by that time nearly
reached the end of his tether. Complaints against his
choleric and high-handed actions, notably in the case of
Alexander Skene, whom he had been ordered to restore
to his places, ended in his recall (143 i., 150, 172, 333,
333 i. //., 344, 412, 475, 487, 545, 571, 571 i.-vi., 576).
He was commanded to hand over the administration
of the Government to the President of the Council,
William Sharpe (576). It was Sharpe who had brought
out the order for the Governor's return. Lowther
refused to surrender the government to him until the
eve of his departure (654, 657). Sharpe, after duly
lodging his complaint against this procedure, reported
that the condition of the fortifications was deplorable
and the " public credit 60 or 70 per cent, discount." He
describes his endeavours to remedy this state of things,
and complains that he was obstructed by Lowther 's
party in the Assembly (696, 711). His first steps were
directed to reviewing the Militia and re-appointing those
officers whom Lowther had turned out, replacing them
by his own creatures (711). He wished to deal with the
Council in a similar fashion. As Sharpe was reputed to
be a Jacobite, and was appointed by Bolingbroke's
Ministry at this juncture, these proceedings may perhaps
have been tendencious. It is interesting to note that of
twelve men of the best estates submitted by him as
suitable for Councillors, no fewer than four had been
educated at English Universities (711 i.).
Petition A petition was presented by the Barbadians against
against the ., . ,. . -vr T, , -, f -,
importation of the importation into New England 01 rum, sugar and
molasses (482, . i.).
Gamson' ^ e Board of Ordnance having represented that a
establishment, large sum was owing for the establishment of gunners
at Barbados, and that there was no money forthcoming
XX11.
PREFACE.
Census.
Bermuda.
Hurricane.
Pulleyne
succeeds
Bennett.
Salary and
House-rent.
Presents
forbidden.
Poverty of the
Island.
Complaints
against
Spanish
privateers.
to pay it, it was decided that they should be dismissed,
and their places filled by matrosses to be paid by the
Assembly (275 i., 679 i., 680, 682).
Returns were made giving lists of inhabitants, births,
christenings and burials (45 ii., v.).
Lieutenant Governor Bennett received information in
the spring of 1712 that the French were preparing to
attack Bermuda. The expedition, however, was con-
fined to the Leeward Islands (44, 44 i.-iii.). But in the
autumn the island was visited by a disaster almost as
ruinous, " the most severest hurricane that has been
known here." This was on Sept. 8th, eleven days after
that which devastated part of Jamaica (77, 94, 540).
Shortly afterwards Henry Pulleyne was appointed to
succeed Bennett (147). His instructions permitted him
to accept provision for a house or house-rent from the
Assembly, provided it were made in the first sessions
after his arrival and for the full term of his office. His
salary was increased by the addition of 100 from the
Exchequer, but he was forbidden to accept any present
from the Assembly. It was hoped that in acknowledge-
ment of this relief the Assembly would be the more
ready to provide for the defence of the island (339 i.,
540). Pulleyne reported that the Treasury was in
debt to the extent of a thousand pounds or so, and that
the poverty of the island was so great that it could not
raise even this small sum and pay the usual expenses
of the Government. The fortifications and public
buildings were in a ruinous condition. After voting a
small sum of money which had been used in the prosecu-
tion of Jones, the Assembly refused to raise another
penny (540, 651).
Complaints were lodged against Spanish privateers
which, after the peace, by virtue of alledged commissions
from Havana, etc., were seizing any British vessel which
had on board Spanish money, logwood, salt, hides or
cocoa. It was recommended that reparation should be
demanded from the Court of Madrid (544, 544 i., ii.,
590, 596, 600, 601, 651).
On the other hand, the Spaniards were not without
cause of complaint both as regards Jamaican privateers
PREFACE. XXlii.
(94, 107) and the nest of pirates in the Bahamas (651).
Jamaica. Whilst Jamaica was preparing to resist a possible
Disastrous r ._
Hurricane, attack by the French, a terrible hurricane swept across
the island (28 Aug., 1712), devastating a large tract and
dashing the hopes of the planters who had begun to
look for a prosperous season. As much damage was
done, it was said, as by the great earthquake. Terrible
havoc was wrought among the shipping in the harbour.
The long list of wrecks is given by the Governor (92,
94, 94 xv., 492). On receiving news of the Truce,
Governor Lord Archibald Hamilton opened communica-
tions with the Governor of Petit Guavas with a view
to the observance and possible extension of it, the
exchange of prisoners, and, in accordance with his
instructions, to the establishing of trade relations. His
proceedings were hindered by a violent quarrel with
Bear Admiral Rear- Admiral Sir Hovenden Walker, Commodore of the
H Walker
recalled. Jamaican Squadron. The truculent behaviour of the
Admiral, combined with a direct charge against him of
using H.M. ships for purposes of trade, led to his recall
(148, 148 xii., xiv., 149, 149 i. //., 167, 167 i.-v., 176, 238,
239, 277 i. //., 292, 413). It is noted that he was on
terms of intimacy with the extreme members of the
Assembly, whom we have met in previous years, and
who conducted a campaign of opposition against the
Government not unlike that which was in progress in New
The Governor York (149). Lord Archibald, however, reported that
Assembly, they represented only a small and noisy faction, and that
the generality of the country was well disposed both
towards himself and the Queen's service. The Assembly
made a satisfactory provision for the revenue (149, 492).
The next sessions of the Assembly, however, was
attended with so much heat and altercation that the
Governor dissolved it, Oct., 1713 (492). But the same
violent dissension broke out in the new House (Nov., Dec.).
The chief point of dispute was the provision for the sub-
sistence and quartering of the Regiment, much clamour
being raised against the maintenance of a standing army,
although by the peace establishment the Regiment
had been reduced, after very careful consideration, to
300 men. The presence of some such force was necessary
PREFACE.
Governor and ^ CO p e w ith the danger of negro insurrections, if nothing
obHged'to else (94, 290, 413, 492, 527, 580, 606, 612 ii., 637, 642,
pr Segiment. 701). When the act for providing quartering and
subsistence expired, the Governor and Council were
obliged to advance the money for that purpose out of
their own pockets (664), the Assembly having been
dissolved after a short sessions on account of their
" violent and unwarrantable proceedings " (527, 615).
Pretentions These are enumerated by Lord Archibald. They
and violence of * *
the Assembly, adjourned themselves without the Governor's leave, as
in New York and Barbados ; they denied the right of the
Council to amend money bills ; they attempted to
arrogate to themselves the right of reviewing H.M.
Regiment without consulting the Governor, and in other
points endeavoured to infringe the prerogative of the
Crown (615). The Council supported the Governor in
his resistance to these encroachments (701). But it
was complained that he had received little encourage-
ment from Ministers at home, and that the consequences
might prove very unfortunate (612 ii.). The Board of
Trade, however, did not fail to express their opinion
of the Assembly's pretentions. They clearly stated that
Ruling by the the claim that the Council had no right to amend money
Council of J
Trade. bills was groundless and would receive no countenance
at home. The Assembly, as well as the Council,
it was laid down, only sat as part of the Legislature by
virtue of the Governor's Commission. Consequently, the
Assembly's " assuming a right in no ways inherent in
them is a violation of the Constitution of Jamaica, and is
derogatory to H.M. royal prerogative." They must not
persist in assuming the rights and privileges of the House
of Commons ; if they did, measures would be taken to
assert H.M. undoubted prerogative. Their adjourning
themselves without the Governor's leave was another
instance of their undutifulness and disrespect to the
Crown, and unless the next reports from Jamaica showed
that they had changed their tune, proper remedies
would be applied (701). Another cause of offence was
the refusal of the Assembly to join in an Address of
congratulation upon the Peace, and then transmitting
through their Speaker an Address in which they stated
PREFACE. XXV.
their dissatisfaction in the matters of the Asiento and the
African trade (527, 612 i., 615). These proceedings were
accompanied by scenes and measures of great violence
in the Chamber and the country. Bolingbroke wrote
to Lord Archibald in June, 1714, explaining that great
pressure of affairs had prevented him from examining
the disordered circumstances of Jamaica, but that he
hoped shortly to be able to devote his attention to it
(612 ii., 699). This letter was written two days before
the despatch of the Board of Trade already quoted (701).
He had already informed the Board of Trade that no
answer was to be made to the Address from Jamaica
referred to above, but that the " disorders and con-
fusions " in Jamaica, Barbados and the Leeward Islands
seemed to call for some speedy remedy, and that it
Commission was therefore proposed to send to those parts a Com-
of Enquiry x * . . A
proposed, missioner, with instructions similar to those given to
General Nicholson on his mission to the Northern Colonies
and Carolina. These instructions the Board was
instructed to prepare (612).
Acts. TWO o f the Acts passed at this time were repealed.
The first, for preventing any one person holding two or
more offices by deputy, was objected to as directed
against a particular individual. It was alledged, but
also denied, that there were abuses resulting from the
uniting of two offices in the case of the Secretary and
Provost Marshal (278, 399, 422, 429-431, 437, 440, 444).
The Act for the relief of the inhabitants of Kingston was
annulled as misrepresenting facts and infringing the
property rights of the late Governor, Sir William Beeston
(681, 690, 702, 723). The Attorney General having
pointed out several objections in law to the Act for
further quieting possessions, which was otherwise desirable
in the interests of the island, the Council of Trade decided
to accept the proposal of " several gentlemen on behalf
of Jamaica," and withhold their report upon it until the
Assembly should have had an opportunity of passing
another law free from those objections (394, 413). There
was a good deal of discussion over the disposal of escheats,
a question raised by the Governor (441, 441 i.).
XXVI.
PREFACE.
Leeward
Islands.
Governor
Douglas
recalled.
Raids by
French.
Montserrat
plundered.
Refusal to
capitulate.
Danger of
Antigua.
This volume opens with one of a series of complaints
by Robert Cunynghame against the Governor of the
Leeward Islands for harsh and arbitrary conduct in
St. Christopher's (1). Douglas replied to these charges
as well as that of feathering his nest by compounding
with the rebels in Antigua (127, 678, 678 i. //). He
was recalled in the following year, and Walter Hamilton
appointed to succeed him (447, 449, etc.). His com-
mission was prepared, but not signed (461). Douglas
did not leave his Government till four months after he
received his letter of recall, and then left Daniel Smith,
Lieut. Governor of Nevis, in command (605).
Before this, Barbados and the Leeward Islands had
suffered much alarm, and Montserrat great damage,
from the French expeditions that were abroad under
MM. Duguay-Torin and Cassart. Early in the morning
of July 6th, 1712, a powerful squadron, including seven
men of war, appeared off Antigua. They endeavoured
to effect a landing at Willoughby Bay, but abandoned
the attempt, according to one account because they saw
a few horse and foot ready to receive them (38), according
to another, because of a heavy sea (33 ii., 38, 95 i.).
This was Cassart' s " private robbing expedition," which,
after plundering Santiago and making an attempt upon
Surinam, had been reinforced from Martinique and
Guadeloupe (33 ii., 38). Cassart proceeded to Mont-
serrat. There he effected landings at Plymouth and
Carr's Bay, putting ashore over three thousand men,
who plundered and ravaged the island for twelve days
(6, 8, 17, 33 ii., 57). The islanders, though ill-prepared
for defence and suffering from the absence of their Lieut.
Governor, appear to have acted on the whole with bravery
and determination. Retiring to their " deodand," or
strong place of refuge, they disputed the advance of the
enemy, and refused to capitulate, in spite of the offer of
easy terms. They were thus able to boast that a small
force of 400 men had, against such odds, succeeded in
maintaining H.M. sovereignty (38, 57 vii.). As soon
as the French had left the coast of Antigua, Douglas
had sent to Barbados for the assistance of the six men
of war there. Rear-Admiral Sir Hovenden Walker,
PREFACE. XXV11.
outward-bound for Jamaica with the London Trade
fleet, had left instructions with Capt. Hamilton, who was
in command of them, to go to the aid of the Leeward
Islands in any emergency. Capts. Constable and Clark
were ordered to prepare to convoy the homeward fleet.
But without informing the Governor they went for a
cruize and did not return from it till July 14th (38, 69).
strange There was an unfortunate delay in responding to Douglas'
officers, appeal. The causes of it are clearly exposed in the
despatches of the Governor of Barbados, and in the formal
complaint to the Admiralty by the Governor, Lieut.
Governor, Council and Assembly of Antigua. They do
no credit to the fighting spirit of the Naval officers
concerned (45, 45 vii., 57 hi., iv., 69, 95 i.). After waiting
in vain for some days for the arrival of these men of war,
Douglas set sail from Antigua with the four small and
partly disabled guardships of the Leeward Islands (8,
33 ii., 38). Heavy weather prevented him from landing on
Montserrat, though the islanders made a sortie from their
deodand to aid him. But his appearance off Plymouth
Road alarmed the raiders, who hastily re-embarked
after setting fire to the town. They returned to Guade-
loupe (33 ii., 38, 95 i.), carrying with them 1,200 out of
5,000 negroes upon the island, besides other plunder (38,
69). By this raid all the records and laws of Montserrat
were destroyed (G.O. 152, 15. /. 34 v.). Douglas had
returned to Antigua, after causing some alarm at Guade-
loupe. On 20th July the six men of war from Barbados
at last arrived at Antigua. Douglas immediately rein-
forced them with 400 soldiers, sailors and volunteers.
Capts. Hamilton and Constable, however, decided not
to attack the enemy if they should prove to be of equal
force with themselves. Two days after their arrival they
went out to reconnoitre in the direction of Montserrat,
but returned on learning that the enemy had retired
with his booty to Guadeloupe. They had thus missed
an excellent opportunity of catching Cassart's ships in
Plymouth Road with his men ashore. For the French
landed on Montserrat on July 8th, and stayed there till the
19th, whilst Douglas' appeal for help reached Barbados
on the 13th, but, owing to the unreadiness of Capt.
XXV111. PREFACE.
Constable and the unwillingness of Capt. Hamilton to
sail without him, the men of war did not leave Barbados
till the 17th. Ignoring the appeals of the Antiguans to
stay for a fortnight and protect them from the further
raid which was plainly threatened, or to attack with their
aid the inferior French force now at Guadeloupe, they
returned to Barbados on 26th and 27th July (38, 69, 95
i.).
Hasty preparations for defence previously neglected
were made at Antigua (6, 38, 57). For, although the
Governor of Martinique gave out that he was not
rendering them any assistance, yet according to infor-
mation from Martinique, Duguay-Torin was daily
expected " with fifteen men of war to attack Barbados,"
whilst Cassart was still intending to raid Antigua and
the rest of the Leeward Islands and hoping to intercept
the homeward-bound Trade fleet (57, 69).
At the beginning of August a spy-boat reported that
the two French squadrons had joined forces at Guade-
loupe and were preparing for a descent upon Antigua.
Their force now amounted to 16 ships and 32 sloops
(33 i.). In these circumstances Governor Douglas again
appealed to Barbados for the succour of the six men of
war, who might then join the Leeward Islands convoys
and conduct both their Trade fleet and that of Barbados
on their homeward voyage (57, 69, 95 i.). In view of the
enemy's strength the Governor of Barbados had already
urged upon the Commanders the advisability of con-
centrating all available naval forces at Antigua (Aug. 8).
But Capts. Constable and Hamilton were entirely con-
cerned with resenting any orders or interference from the
Governor. On the 21st Aug. came another urgent
appeal from Governor Douglas, dated on the 13th, and
stating that he expected Antigua to be attacked within
a few hours. After wasting several days quarrelling
with the Governor and Council who urged their departure,
the two Naval officers announced on the 24th that they
were going to leeward to discover the enemy's motions,
but that they must first be supplied with men and powder.
So they continued to delay. It was not until Capt.
Constable had received an impetus in the shape of 400
PREFACE. XXIX.
from some gentlemen of Barbados and a promise of
an indemnity in case the Admiralty objected to his
not sailing at that moment with the Trade fleet, that
they finally consented to sail in the direction of the enemy.
Nor would they approach Antigua until they had
ascertained that there was no danger (38, 69, 95 i.).
The Antiguans represent that had they joined forces as
proposed, the ten English ships might well have destroyed
the six Frenchmen, who carried 130 fewer guns (95 i.).
Cassart, however, passed on to Surinam and Curagao,
which places he held to ransom (180, 291, 305, 307).
His reported return to Martinique led the Governor of
Barbados to enter into negotiations with M. Phelypeaux
for the continuance of the Truce after its expiration
on Dec. llth, until further orders should arrive from home
(180, 180 i.-iii.). About the same time Ducasse was
reported at Martinique with an immense cargo of Spanish
treasure, and the Barbados guardships were ordered to
join the Diamond from the Leeward Islands and to
Damages for endeavour to intercept him (181). The damage inflicted
upon Montserrat was estimated at 180,000, and it was
stipulated by the Xlth Article of the Treaty of Utrecht
that Commissaries should be appointed to enquire into
them. The inhabitants of Montserrat petitioned for
their appointment, and their Instructions were ordered
to be drawn up (638 ii., 727, 736).
Lt. GOV. The Lieut. Governor Pearne, returning from England
PcflilTlG ^^ ^^
with H.M. Commission, found his post at Montserrat
occupied by Capt. Marshall, appointed in his absence
by Governor Douglas. Marshall refused to give place,
until Lt. Governor Smith suspended him. Neither of
them seems to have been a very desirable representative
of the Crown (38, 494, 494 i., ii., 605, 678, 678 i. //.).
Ringleaders Further evidence for and against Governor Parke and
Governor his murderers came to hand, whilst his relatives were
active in pressing for the prosecution of the prisoners sent
home for trial (141, 232, 304, 304 i., 532). Douglas gives
a further account of his proceedings in this affair to
Lord Dartmouth's Secretary (6). After dissolving the
Assembly on account of their factious behaviour and
refusal to provide for the Regiment or defence of the
XXX. PREFACE.
island, he issued a warrant for the arrest of two ring-
leaders, Dr. Mackinnen and Samuel Watkins, the late
Speaker. They promptly sought refuge on board H.M.S.
Diamond, the Captain of which had previously shown his
sympathy with the insurgents (2, 6). On arriving in
England, they managed to lie hid for some time, but
were ultimately discovered by Parke's relatives and
committed to Newgate (6, 81, 232), in company with
Thomas Kerby. All three applied for bail, the evidence
against them being delayed (6, 81, 93, 113, 129, 136,
141, 232, 265, 306).
List of Lists of the inhabitants, births, christenings and burials
inhabitants, .... <. , .
Antigua, in Antigua, as well as returns oi exports and imports,
are given (55 x., xi.).
The Bounty Progress was made with the payment of the bounty to
st. Kitts. the sufferers from the invasion of Nevis and St. Kitts.
Many preliminary points had first to be decided. What
constituted the re-settlement of a plantation, which was
a condition of the bounty ? Was a planter who re-settled
on a different one of the islands, or a parish Church which
had been destroyed, entitled to the benefit of the grant
(165, 173, 177, 185) ? What was to be the form of the
debentures and what was to be the form of the oath of
re-settlement and powers of attorney ? The answers to
these problems show why some claimants for the bounty
failed to make good their title both then and since.
Lisfof The record of the debentures issued gives valuable lists
Debentures. of the m h a kj tants o f b oi h islands at that time (20, 21,
190-204, 209-229, 535, 536). Recipients of the deben-
tures petitioned to have them converted into South Sea
Hostages at stock (493). Meanwhile the unfortunate hostages whom
mque. j^gpyjiig na( j carried off from Nevis were still detained
at Martinique where they suffered severely (605, 720,
720 i., ii.).
Settlement of With the conclusion of the war, which resulted in the
st. Kitts. retention of the French part of St. Kitts, the question
of the disposal of the lands there came up for considera-
tion. A plea was put in on behalf of the poorer inhabi-
tants of the island (320, 373 i.). Many points, too, arose
in connection with the temporary grants which had been
made during the war (630, 662, etc.). The Council of
PREFACE. XXXI.
Trade was instructed to report upon the whole subject
(476, 476 L, ii.). They recommended that the late
French lands should be sold to the highest bidder, with
a preference for those already in possession, who had
improved their plantations. A quit-rent should be
reserved, and no one family should be allowed more than
two or three hundred acres, purchasers being obliged to
keep a definite number of white servants per 40 acres.
Free grants of the worst land near the sea should, it
was suggested, be made to the poorer inhabitants, up
to ten acres per family, and Commissioners be appointed
from home to supervise the distribution without inter-
ference by the Governor (662).
Newfoundland, j n J u ly 1713, Col. Moody was directed to sail for
Placentia.
Newfoundland and there to take over Placentia from
the French. He was instructed to permit the French
subjects, who were willing to remain and become British
subjects, to retain their immoveable effects, or to sell
them, if they chose to leave (343, 386). Later, owing
to a delay in sending orders from Paris to the French
Governor there, Moody was ordered to allow the French
garrison and inhabitants to remain at Placentia till the
following spring, when they were to be moved to Cape
Breton. But he was to take immediate possession of the
forts (470, 480, 480 i.-v., 521). Moody, however, got
no further than Lisbon that winter. He occupied his
leisure in framing some proposals for new powers for
himself as Lieut. Governor of Placentia, some of which
were approved, but the suggestion that he should be
empowered to employ the inhabitants out of the fishing
season in felling timber and working on the fortifications
was rejected as placing them too much at the mercy of
the commanding officer (511, 565, 594). On his arrival
in the spring he announced that he had taken possession
of the town and fort on 5th June, N.S. He reported on
The Fishery, the Fishery, recommended the establishment of a
permanent civil Government, and enquired how he was
to deal with French ships which were still fishing in
the neighbourhood (483, 707, 713). Attention was
naturally turned to the taking over and development of
the Fishery which had now passed into British hands.
XXX11. PREFACE.
Several reports and memorials were presented upon it
(205, 206, 521, 698) both before and after the signing of
the Peace. With the same object in view, Capt.
Taverner was appointed to survey the late French coast
and islands (415-417, 581, 582). Reports on the English
Fishery, with some notes upon the abuses connected with
it, are given (110, 115 i., ii., 310 i., 614).
In Oct., 1712, General Nicholson was appointed
Commander in Chief of the forces in Newfoundland
(104, 310 i.).
clafm'to ^ *ke Beginning of 1713 the Spanish Ambassador
right in presented a memorial in which a claim was advanced on
behalf of the Guipuscoans " and the other subjects of
His Christian Majesty " to navigate, trade and fish on
the coast of Newfoundland " (237, 237 i.). The Council
of Trade in their report denied any such right (252).
The claim was to be raised on many future occasions.
Deodand. The word " deodand " (" dodand " or " Do Dun ")
occurs several times in connection with the raid on
Montserrat (8, 38, 44, 57). We have had instances of
it before (v. C.S.P., 1699, etc.) It is used to designate
a strong, prepared place of retreat, to which the in-
habitants of an island could retire before invaders.
CECIL HEADLAM.
Aug., 1926.
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, 9 ; 5, 11 ; 7, 1 ; 5, 189 ; 5, 290 ; 5,
291 ; 5, 536 ; 5, 582 ; 5, 717 ; 5, 720 ; 5, 721 ; 5, 751 ;
5, 752 ; 5, 865 ; 5, 866 ; 5, 898 ; 5, 913 ; 5, 915 ; 5,
931 ; 5, 970 ; 5, 995 ; 5, 1050 ; 5, 1085 ; 5, 1091 ; 5,
1123 ; 5, 1222 ; 5, 1233 ; 5, 1264 ; 5, 1292 ; 5, 1316 ;
5, 1317 ; 5, 1335 ; 5, 1337 ; 5, 1341 ; 5, 1363 ; 5, 1364 ;
28, 13 ; 28, 14 ; 28, 16 ; 28, 38 ; 28, 43 ; 29, 12 ; 29,
13 ; 37, 8 ; 37, 9 ; 37, 10 ; 37, 24 ; 37, 26 ; 37, 28 ;
38, 7; 116, 21; 134, 2; 135, 3; 137, 9; 137, 10;
137, 12 ; 137, 46 ; 137, 51 ; 138, 13 ; 138, 14 ; 138, 15 ;
152, 9 ; 152, 10 ; 152, 11 ; 152, 42 ; 153, 11 ; 153, 12 ;
184, 1 ; 194, 5 ; 194, 6 ; 194, 22 ; 194, 23 ; 195, 5 ;
195, 6 ; 195, 43 ; 217, 1 ; 217, 2 ; 217, 31 ; 218, 1 ;
243, 4 ; 243, 5 ; 243, 6 ; 243, 7 ; 243, 8 ; 243, 9 ; 323, 7 ;
324, 10 ; 324, 32 ; 324, 33 ; 326, 47 ; 388, 15 ; 388, 17 ;
388, 76 ; 389, 24 ; 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 in places 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.
JULY. 1712.
1712.
July 2. 1 . Robert Cunynghame to the Council of Trade and Plant-
Charles Fort ations. Refers to letter of April 30, q.v. General Dowglas prom-
Chr Gophers ^ sec ^ ^- should have a copie of my mittimus to prison, but took
effectual care I should not, he has denyed to admit me to bayle,
the Council after application to them, said not a word except Mr.
Liddell who said the General would not allow of it, etc. Those
of that board who fear loosing their employments, or have made
away four of the Queen's brass field pieces, or sent provisions to
the enemy at a time of greatest scarcity (which will be made
appear if your Lordships think fit to order a thorow examination
into, and effectual care be taken that Mr. Rawleigh the General's
Secretary and John Hardtman, marriner, who has already sworn
to the landing of 99 barrils of beef at Martenique be not put out
of the way) will be cautious of acting contrary to the General,
do what he please, etc. He says H.M. will hear no complaints
against him, etc. Signed,, Ro. Cunynghame. Endorsed, Reed.
19th, Read 27th Aug., 1712. 2 pp. [C.O. 152, 9. No. 128 ;
and 153, 12. pp. 5-7.]
July 6. 2. Governor Douglas to [? the Earl of Dartmouth, cf. July 10].
Antigua. I send two of the chief promoters and advisers of ye late rebellion,
and who are guilty of attempting rebellious practices since H.M.
Proclamation was issued Feb. 6th last. Their names are Mr.
Daniel Mackinen and Mr. Samuel Watkins, and their being
brought to justice will in a great measure appease the troubles
and divisions of this Island. The evidences against them are
to follow speedily. Signed, Walter Douglas. 1 p. [C.O. 152,
42. No. 85.]
July 8. 3. Copy of Privy Seal for the establishment of the Commission
Westminster. o f Trade and Plantations (Francis, Lord Guildford, Sir Philip
Meadows, Robt. Monckton, Arthur Moore, Francis Gwyn, Thomas
Foley, and John Hind Cotton), etc. as Jan. 31, 1712. Counter-
signed, John Wooddeson, depty. 4 pp. [C.O. 388, 76. No.
136 ; and 389, 37. pp. 45-49.]
July 8. 4. The Earl of Dartmouth to Governor Hunter. Tho' the
Whitehall, remittances which you expected for discharging the publick debts
were not sent you by this convoy, you may however be fully
assured that all demands of that nature shall be satisfy'd very
Wt, 5622. B.&S. 375, C.P. 1.
COLONIAL PAPERS.
1712.
July 8.
Whitehall.
July 10.
Antegoa.
soon. H.M. care of you will not be limited only to that act of
justice, but that a good establishmt. will likewise be setled for a
garrison at Annapolis to protect her subjects in those parts, and
secure to them the freedome and advantages of their commerce.
Signed, Dartmouth. [C.O. 324, 32. p. 155.]
5. Same to Governor Dudley. Begins as preceding.
Concludes : When you reflect how many affairs of the utmost
importance have been under H.M. consideration for some months
past, you will not wonder that things of less consequence should
meet with some delay. Signed, Dartmouth. [C.O. 324, 32.
pp. 155, 156.]
6. Governor Douglas to the Hon. Erasmus Lewes, Secretary
to the Earl of Dartmouth. Upon my arrivall in July last I found
Mr. Hamilton the late Lt. General wholy in the interests and
party of Mr. Mackinen (at whose house he lodged and endeavoured
to press me to do the same) and of Mr. Watkins Speaker of their
Assembly, and that they were the chief conspirators against
General Parke and principal advisers and promoters of the late
rebellion, and the chief sticklers for Mr. Hamilton's having the
command of these Islands as chief Governor and do beleive
even they themselves have not confidence enough to deny that
Mr. Hamilton was privy and jointly concerned in all their factious
intreagues. I see such a majority and cruel partiality against
the honest people that were not concerned in the Insurrection
that I could not possibly at that time choose any other measures
but to endeavour to bring these two unfortunate persons and some
others to a due sence of their allegiance and duty and to an entire
submission to the Queen's mercy, and to demonstrate the sincerity
of their repentance by useing their interest to quiet and unite
the minds of the people and destroy the seeds of rancour and
discord which these turbulent persons had sown through the
Island (but without some rigour of justice nothing can succeed as
the honour of H.M. service requires). I gave into all the methods
of moderation and mildness to gain these ends and was oblidged
to hearken to some strange proposalls to gain time and break the
strength of their rebellious faction, as their appointing Sir John
St. Leger their Agent with hopes of extraordinary rewards in
which they expected that I should be a sharer and fancying
themselves a little secure to go on with their treasonable endea-
vours for Mr. Hamilton, they resolved to turn all my forced
condescensions and seeming favours as arguments of complaints
and male-administration, and employed Capt. Norbury to vent
their malitious calumnies, the person they had formerly seduced
and drawn in to be deeply concerned in their horrid conspiracies,
as they in their private caballs commonly threatned not only to
assassinate me but all those who had not embrued their hands
in the blood of their General and of many poor innocent people,
and the Regiment (whereof there are a show of six companies
in this Island) continues as unfitt for service as ever being un-
armed without discipline and pay, and of late by the factious
AMERICA AND WEST INDIES. 3
1712.
endeavours of Mr. Mackinen and Watkins and their accomplices
they were turned out of quarters, and denied the former allowance
of provisions by which they subsisted and very few of the officers
who are not seduced to favour their party, as also many of the
soldiers who have been wanting in their allegiance as well as in
their obedience, not that I believe any of them would again dare
to disobey in opposeing an open Insurrection. About the latter
end of January last when they perceived I had broke their meas-
ures and defeated their projects, a guilty terror seized them and
occasioned such various reports amongst themselves that their
Assembly was not able to make up a number to set about any
publick business such was their consternation, that at length
they pressed me to take some effectuall method to calm the dis-
quiets of the people and to prevent further disturbances and
commotions in the Government upon which I resolved to issue
H.M. most gracious Proclamation of pardon with all the limita-
tions and exceptions I thought most adviseable (after having
seized and imprisoned four that I was informed were violent
in the Rebellion and one of whom was said to head a party)
but I find they are not more guilty than others who were in arms
who after two months imprisonment the Councill and Assembly
advised to accept of 40,000 bail for them as I have formerly
transmitted particular accounts and hope they will be found fitt
objects for the mercy of H.M., and would extreamly conduce
towards the peace and safety of these Islands : And that the voice
of God and Justice calls for Kerby, Mackinen and Watkins and for
the most part both partys agree in their being sent home without
which it were impossible to allay the heats and factions of this
Island, is plainly known to all men, and these two unfortunate
persons have persisted in justifying the murder of General Parke
since the Proclamation and have collected money and stirred up
some unthinking people to join in the faction to promote the late
Lt. General Hamilton's pretensions for ye Government under
whom they suppose their most flagrant crimes and treason would
be sheltered. These two were chiefly concerned in deluding
Mr. Pearne, Lt. Governor of Montserrat, which poor Island is
just now attacked by the French, and I am waiting for assistance
from Barbadoes to try to carry some little force to releive them
having at present onely the Diamond and Scarbrough who is
also sickly fitt for any service, (the Roebuck being for the present
disabled in her mainmast, and the Jolly of only 16 guns) and
by their factious animositys compelled some of the most worthy
judicious members of the Assembly to leave of meeting with
them, turned the soldiers out of quarters to starve and left off all
thought of going on with their publick works and fortifications
for the necessary defence of the Island, which now they grievously
lament a great French Fleet being in sight with about 8 or 9
men of warr, three of which being reckoned of 60 guns ; and at
length when by their factious proceedings there appeared great
difficulties in getting a proper number of members together to
make up an Assembly I dissolved them (intending very speedily
to summon another) and gave out a warrant the second instant
COLONIAL PAPERS.
1712.
to the Provost Marshall to seize and apprehend Mr. Mackinen
and Mr. Watkins who fled and absconded upon notice of it, and
at length heard they were harboured on board one of H.M. own
ships the Diamond, the inclosed papers fully shewing the Captain's
misbehaviour in that matter, tho' he took a copy of the warrant
yet pretended to me he did not advert to the word Passengers in
the Master's receipt where they were sent on board without any
particular order to the Master, whereby they expect to lurk
some time in England before they are taken up, tho' I have
also a receipt for the short letter in which I gave the Lord Dart-
mouth an account of their being sent home by my order, and I
hope they will be produced. I kept a Fleet of homeward bound
merchant ships under an embargoe for two or three days to get
these prisoners on board, and if I had delayed ordering them to
sail but two hours longer they had been all taken by the French
Fleet (now at Montserrat) by which means Captain Lisle got
that receipt for them, and two of the evidences against the
prisoners were left behind, which shall be sent by first opportunity,
these evidences and most people in this Island can witness upon
what occasions that Captain vindicated the murder of General
Parke, and insulted several people upon the account of their
zeal to the honour of H.M. prerogative and detestation of those
cruell murderers tho' at length, we have Captains of men of warr
of better principles, family and education, and I have avoided
as much as possible to take any cognizance of such unworthy and
treacherous actions as believing it of consequence to be examined
before more competent judges and would perhaps have been ill
taken if I had interposed my authority according to exact justice
and occasioned those disturbances which would have delayed
the Fleet's being convoyed home in safety, and the Trade have
suffered. I am now hopefull there are but one or two violent
incendiarys more in this Island and should be mighty glad to have
the honour to receive directions concerning the sending them home
as prisoners as the only most infallible and speedy method of
restoreing the peace, trade and tranquility of this Island. Signed,
Walter Douglas. Endorsed, R. Oct. 28, 1712. Addressed. 1|
large closely written pp. [C.O. 152, 42. No. 86.]
July 11. 7. Governor Hunter to the Council of Trade and Plantations.
New York. What I have to add to the duplicate of mine by the packet boat
which goes now by the Virginia fleet is only to acquaint your
Lorps. that all the Acts which past the Assembly and Council
besides these which are therein mention'd are as follows, (i) An
Act for paying the Brittish officers. This is only the continuing
the 18d. per day to these officers dureing the winter, H.M. haveing
by her orders allow'd them Ensigns pay. (ii) An Act for paying
the arrears due to the forces late rais'd in the County of Suffolk
for the Expedition against Canada in 1709. This is to pay the
forces which serv'd for that County longer then the time provided
for by the Assembly before they march'd on that Expedition,
which is a piece of justice no other county besides that has done,
AMERICA AND WEST INDIES. 5
1712.
(iii) An Act /or paying 1600 ounces of plate for secureiny the frontiers
at Albany, which Act explains itself, (iv) An Act reviveing an
Act against selling of rumm to the Indians, and for better guarding
the City of Albany. Your Lorps. haveing already the Acts which
this revives, it wants no explanation, (v) An Act prohibiting
all but John Darmiter to make lampblack for 5 years. This is to
incourage the first who sett up that manufacture. These are all
which past. But several other Acts being sent up which had
been formerly amended by the Council but the amendments
rejected for the reasons your Lorps. have been so often troubled
with, and the same objections still remaining, I thought fitt to
prorogue them. These Bills were that for an Agency, that for
assigning of Sheriffs, that for paying the officers of the Government,
and that for laying a further duty on the tunnage of vessels and
slaves, copies of all which your Lordps. have already had for they
differ in nothing from those formerly sent you. Besides those
they sent up another for the better and more easy carriage of
goods by land or water. Judgeing this not to be consistent with
some of the Laws of Trade, I gave notice of it to the Officers of
Customs who presented a petition against it, but it was dropt by
ye prorogation. Signed, Ro. Hunter. Endorsed, Reed. Sept. 15,
Read llth March, 17}|. 2 pp. [(7.0. 5, 1050. No. 57 ; and 5,
1123. pp. 67-69.]
July 11. 8- Lt. Governor Smith to the Council of Trade and Plantations.
Nevis. On Thursday the 3rd inst. this Island was alarmed by the enemie
that lay between Guardaloupe and Mountserat with six men of
warr, vizt. three of 60 guns, two of 40 and one of 32, with some
other ships, and 8 sloopes. On the 4th the President of that
Island advised me of the enemie, and I put this Island into the
best posture of defence I could, in which it still continues.
Yesterday by a ship that escaped from Mountserat I was informed
that the enemie landed there the 8th instant and burnt some
plantations, that the inhabitants were going to their Do Dun
being of too small a number to withstand them and last night
was seen a fire on that part where the Town stood by which
I doubt they have burnt it. I have dispatched a sloope to
Antigua to the Generall, who I believe could not but see the
enemie off Mountserat, and I hope H.M. ships will joyne and
come timely to their and our relief, that are under apprehensions
of being likewise attacqued. 'Tis said these ships came from
Brest with some regular troopes, and that their force now amounts
to above 2000 men, soe that if the men of warr, Barbadoes being
soe farr from us, should not come timely they will doe much
mischief to these Islands. I will do my utmost endeavour
for H.M. honour, etc. P.S. July 12. Just now I had advise by a
long boat that escaped that yesterday the French flagg was
hoisted at the fort at Mountserratt and the ships riding in the
road at anchor. Signed, Dan Smith. Endorsed, Reed. Sept. 15,
Read Oct. 31st, 1712. Addressed. 1 pp. [(7.0. 152, 9. No.
131 ; and 153, 11. pp. 22, 23 ; and 184, 1. No. 27.]
COLONIAL PAPERS.
1712.
July 12. 9. H.M. licence to John Pearne, Lt. Governor of Montserat,
extending his leave of absence to one year since his departure
thence. [C.O. 324, 32. pp. 156, 157.]
July 14.
London.
10. Mr. Dummer to the Council of Trade and Plantations.
To give yr. Lordships an account of those accidents wch. were ye
cause of ceasing the packett-boates to the West Indies will not be
so acceptable to your Lordps. as the acquainting your Lopps.
with my designe (if I am countenanced) not onley to enterprize
that service againe, but to doe it with much greater dispatch.
I have seen ye inconvenience of obligeing every vessell to pass by
all the Islands : I have learnt by experience that if ye boate
wch. shall goe to Barbadoes do goe no further to Leeward, then
to St. Xphers, and thence to returne for England ; and that the
boate which shall goe to Jamaica, do goe to no other Island,
butt returne thence directly, that then ye time they stay at each
island by my first project (much too short) will be longer ; and
yett all dispatches to and from each island will be quicker, and
the service in generall more acceptable : for notwithstanding
this alteration, those Islands shall be served with a monthly
boate from England as they were before. Begs the favour of a
certificate from the Board commending the scheme. This favour I
can't despair of, if it were onley to me to make myself e
some amends by my own contrivance without askeing any
assistance and recompence of the Crowne for those losses I have
susteyned thereby dureing the warr : and for undergoeing soe
bold, and unpresidented an enterprize, as this at first was knowne
to bee ; etc. Signed, E. Dummer. Endorsed, Reed. 14th, Read
17th July, 1712. Addressed. 1 p. Enclosed,
10. i. Observations on the service of West India Packet-boats.
The proposition first laid down in 1702 for maintaining
a monthly correspondence with all the English Island
Plantations in America, each vessel performing her
voyage in 100 days or thereabouts, has been put into
practice, though at first thought impracticable by many
of the best seamen in England. Hate of letters :
Single of one sheet Outward Is. 3d. Inward Is. Qd.
Double or two sheets ,, 2s. Qd. ,, 3s. Od.
and so on in proportion. For every ounce or a greater
weight 6s. outward and inward. Overleaf ; A scheme
of the sailings of the West India packet-boats from
the beginning of the service under the Post-Master
General by Ed. Dummer in Oct. 21, 1702, untill Aug.
7th, 1711, when the service was discontinued. The
length of the voyages varies from 92 to 165 days. 10
ships were taken by the enemy and two lost at sea.
Finely printed. 2| pp. [C.O. 137, 9. Nos. 66, 66 i ;
and (without enclosure) 138, 13. pp. 392, 393.]
July 15. 11. Edward Lloyd, President of the Council of Maryland,
Maryland, to the Council of Trade and Plantations. Acknowledges letter of
Oct. 26, 1711, with H.M. Order in Council repealing two Acts,
AMERICA AND WEST INDIES. 7
1712.
which has been punctually comply'd with, etc. With the same
pacquet I received two Acts of Parliament, which I have caused
to be published. And further in obedience to your Lordships'
commands in relation to severall of H.M. Royall Instructions to
the late Governour, Col. Seymour, not punctually comply'd
with, etc., I have summoned H.M. Receivers of Puttuxent and
Potomack Districts, John Rousby and John Dansey Esqrs.,
the former of which has perfected his accounts to the last yeare,
and they will be transmitted to the Hon. William Blathwayt, Sur-
veyor Generall and Auditor of H.M. Revenue in this Province.
But the others vizt. Mr. Dansey 's being intangled with the receipts
of the Revenue in Pocomoke District cannot be yet perfected,
but shall take care to urge that Receiver's complyance and to have
them transmitted as instructed. Refers to enclosures. As to
H.M. Instructions requiring the account of births, christnings
and burialls, after all endeavours possible, the accounts I have
got are so imperfect and insufficient by the neglect of ye persons
who kept and who by the law ought to have made registers thereof,
that it is in vain to trouble you with some very few parishes ; but
have given direction to have the laws therefore put in execution ;
so that I am in hopes the lists may be perfect the next year.
The Commissary General of the publique arms and ammunition
having return'd an account thereof the last yeare, on inspection
it was found imperfect, and therefore he had orders to go through
the severall County s to gett a more exact account, which order
since the receipt of your Lordps.' commands has been again
renew 'd to him ; but a very severe and long fitt of sickness has
prevented his complyance therewith, however upon his recovery
he has ingaged speedily to have the said account fully settled and
return'd, which shall be transmitted your Honble. Board with
the very first convenience. In obedience to H.M. Instruction
requiring an account of what strength our neighbours have, be
they Indians or others, and what correspondence wee hold with
them. This Province being bounded on the north and south
by Pensilvania and Virginia, and only part of one county on the
east by the sea-coast, wee have little correspondence either with
the northern or southern Indians, and haveing but few neighbour
Indians inhabiting among us, wee live in perfect peace and friend-
ship with them. The scituation of this Province being severall
leagues up the Bay of Cheseopeake, wee have little knowledge
what forces our enemies have at sea, yet frequently heare of some
privateers coasting off the Capes of Virginia, which sometimes
take severall of our vessells passing in and out of those Capes to
the damage of our trade. And as to the wants and defects of
this Province, the chief product thereof, and what improvements
may be made. This Country has suffered very much by our
Tobaccos, our only Staple commodity, which for some years
past has mett with very low marketts, so that many are reduced
to great poverty, and others ingaged in debt. Our manufactures
are very little but what mere necessity has enforced for some
necessary course cloathing, during the great scarcity of goods.
This last yeare wee have had a small trade for West India goods
* COLONIAL PAPERS.
1712.
and salt in exchange of our Indian corne and wheat which has
been transported to Lisbone, New England, and Maderas. But
the planters finding some encouragement from the rise of tobacco
the last year on the hopes of peace, they have very industriously
betaken themselves to the culture thereof, so that wee have
expectations of a very good cropp, if the latter part of the year
prove seasonable. I am very much concern'd, that I am not
able at present to send your Lordships a particular account,
of every particular requir'd. But was very unwilling to lett the
Fleete sayle without shewing my endeavours to obey your
commands, though but in part, arid begg your favourable accept-
ance thereof untill I can send a compleate account, etc. Signed,
Edwd. Lloyd. Endorsed, Reed. Sept. 16, 1712. Read July 13,
1713. 2^ pp. Enclosed,
11. i. List of inhabitants of Maryland (by counties) : Totals,
Masters and taxable men, 11025 ; white women, 9077 ;
children, 17641. Negroes, 8330. The masters and
taxable men are generally reputed fitt to beare arms,
being from 16 years and not many old or decrepid.
Same endorsement. 1 p.
11. ii. An account of the several Courts, Officers and Offices
in Maryland. Same endorsement. 5 pp.
11. iii. A table of fees of officers in Maryland. Same endorse-
ment. 4 pp. [C.O. 5, 717. Nos. 51, 51 i.-iii. ; and
(without enclosures) 5, 727. pp. 323-327.]
[July 16.] 12. A memorial relating to the English prisoners in Canada,
(probably addressed to Lord Dartmouth). The French and Indians
goe out in parties for the most part every year, and attack one or
more of the frontier villages of New England, and after burning
the houses, carry off men, women, and children without distinc-
tion ; some of whom they sell for servants to the inhabitants of
Canada, and others they carry into the woods, and keep 'em for
their own slaves. There are now above 100 of H.M. subjects in
this condition, whose names I have a list of. It is fear'd that a
Peace will not extend to the redemption of these captives ; it
is therefore humbly propos'd that the King of France be moved
to send an order to the Governor of Canada to release 'em ; as
well those in the hands of the French, as those in the power of
the Indians, who depend on the French and dare not refuse, when
they know it is the pleasure of the King of France. Endorsed, R.
July 16, 1712. 1 p. [C.O. 5, 9. No. 110 ; and (similar memorial,
with some variations and no date or endorsement), No. llOa.]
July 17. 13. Certificate by the Council of Trade and Plantations in
Whitehal. favour of Mr. Dummer (v. July 14). The monthly correspondence
with all H.M. Islands in the West Indies managed by him 1702-
1711, was a very good service to H.M. and her subjects, perticu-
larly to such who were concerned in the trade to and from the
West Indies, or who had settlements and estates there.. The
losses he has sustained (v. July 14) appears to have been very
great. And as there will be great convenience and advantage
AMERICA AND WEST INDIES.
1712.
in a monthly correspondence with the said Islands by the said
packet-boats, as well in time of peace as in time of War, whereby
the imbezelment or miscarriage of letters will be prevented, we
have thought fit to give Mr. Dummer this our approbation, etc.
[C.O. 138, 13. pp. 394, 395.]
July 17. 14. Order of Queen in Council. Referring following to the
Kensington. Council of Trade for their report. Signed, Edward Southwell.
Endorsed, Reed. July 21st, Read 27th Aug. 1712. 1 p. Enclosed,
14. i. Petition of Edmond Edlyne and Valentine Mumbee
Members of Council of Jamaica, to the Queen. Pray
for further leave of absence to dispatch their private
affairs, etc. If pp. [C.O. 137, 9. Nos. 70, 70 i. ; and
138, 13. pp. 400-402.]
[July 17.] 15. Address of the Lt. General of the Leeward Islands and the
Council and Representatives of Nevis to the Council of Trade and
Plantations. Return thanks for their favour to them in relation
to the grant in aid. Signed, W. Hamilton, Dan Smith, Richd.
Abbott, J. Bevon, Aza. Pinney, Law. Brodbelt, Jno. Richardson,
Mich. Smith, Rob. Eleis. Jno. Choppin, Speaker, Mich. Williams,
John Symonds, Thos. Bridgwater, Roger Pemberton, Jno. Butler,
Rich. Brodbelt, Geo. Meriwether, Davd. Gardner, Tho. Minor,
Samll. Gardner, John Smith, Jasper Wall, Solomon Israel. En-
dorsed, Reed. Read July 17, 1712. 1 large p. [C.O. 152, 9.
No. 124.]
July 18. 16. President and Council of Maryland to [? the Earl of Dart-
Maryiand. mouth]. Enumerate crimes of Thomas Macnemara (v. Sept. 18,
1711). On his trial for the .murder of Thomas Graham, he was
found guilty of homicide by chance medley, and on that verdict
the jury persisted against plaine evidence, tho' they were twice
sent back by the Court. But the Cheife Justice and his associates
takeing into consideration the barbarity of the fact with the
malice prepens'd according to evidence, by his acting without
any deputation from the Sherriffe, and that in his own case, which
made it malice implyed in law and so murther, they concluded
that the jury had found the matter which was the manslaughter,
yet they were judges of the manner, and so gave judgment that
he was guilty of manslaughter, and for grounds of such their
judgment relyed on the case of John Vane Salisbury in Plowden's
Commentaryes. Whereupon Macnemara was burnt in the hand,
deprived of his practice, etc. (v. Sept. 18, 1711). He fled to
England, notwithstanding warrants issued against him, and
haveing found means to gett himself entred of Gray's Inn and
called to the Barr, he appealed to H.M. in Council and obteyned
an Order permitting him by writt of error to remove the proceed-
ings on the indictment against him, the verdict having been homi-
cidium per infortunium, and ordering that he be forthwith
restored to his practice of attorney in the Courts of Maryland,
and the Justices ordered to transmit the record and process of
the indictment to H.M. in Council, etc. None appearing to
10 COLONIAL PAPERS.
1712.
gainsay or give a true character of him, in obedience to H.M. said
Order, at the last Chancery Court, June 3 last, he was by the
President and Keeper of the Great Seale restored to his practice
in that Court ; but the Keeper of the Seale being informed by the
Attorney Genii, that he lay under an indictment, whereon the
Grand Jury of the Province had found a bill for his assaulting
and attempting to bugger the aforesaid boy (v. Sept. 18, 1711),
he was thereupon suspended untill he should be legally acquitted
thereof. Whereupon he has not been wanting to threaten he will
complayne to H.M., whom wee most humbly desire your Lord-
ship will informe of Macnemara's just character, etc. Signed,
Edwd. Lloyd, Wm. Holland, Thos. Ennalls, Sam. Young, Tho.
Greenfeild, Cha. Greenberry, Tho. Addison, Phill. Lloyd, Jno.
Dorsey, Ricd. Tilgham. 8 pp. Enclosed,
16. i. Judges of the Provincial Court of Maryland. The
grounds of our judgment against Thomas Macnemara
(supra) was that the fact of murthering Thomas Graham,
a Quaker without any weapon in his hand, appeared
by the evidence to have been committed with so great
mallice prepensed inhumanity and barbarity, togeather
with the sinister and evill practice and interest his
friends and relations used by tampering with the Jury,
who would not by the evidence tho' plain nor by the
arguments of the Attorney Generall tho' persuasive,
be induced to find him guilty of any other crime than
homicide by chance medly. Therefore we resolved
as in preceding. And further wee most humbly offer to
your Majesty's consideration whether the barbarous
fact committed on the body of Thomas Graham, joined
with the many former crimes and misdemeanours
whereof he is guilty were not a legall and sufficient
inducement to us to deprive him of his practice in your
Majesty's Provinciall Court here, where, with sub-
mission to your Majesty, wee conceive by vertue of your
Commission to us granted, wee are judges of the behav-
iour and practice of the officers belonging to the same
Court, and best know their lifes and conversations. And
hope your Majesty will be of opinion that wee have
power to suppress their evill practices and for their
misdeeds deprive them. And for our judgment afore-
said, tho' wee acknowledge wee are not thorough-paced
lawyers, wee had some reliance on the case of John
Vane Salisbury ut supra, etc. Signed, Wm. Holland,
Tho. Smyth, R. Bradly. Maryland, July 18, 1712. 2 pp.
[C.O. 5, 720. Nos. 16, 17.]
July 19. 17. Lt. Governor Lambert to the Council of Trade and Plant-
Ch i t St h a ti ns - H.E. the Generall being at Antegoa and not knowing
of the saileing of these vessells from hence was the occasion of
this presumption to acquaint your Lordships that on Tuesday
was sevennight last the French with nineteen saile of vessells
from Martineco and Guardaloupe landed on the Island of
AMERICA AND WEST INDIES. 11
1712.
Montserratt and have been burneing the houses and canes thereon
ever since. One Moulton in a pinke made his escape from thence
to this Island after the enemy were landed, and have beaten the
inhabitants from their Fortt. He gives accot. that he did see
five saile of friggotts amongst them, two whereof were ships of 60
odd gunns, the others smaller. Yesterday arived a boat from
St. Bartholomews, and gives a farther account that two French
sloops had been cruiseing about that place by order of said
French squadron to intercept vessells carrying anything off the
island, and this was part of Monsr. Dugee's squadron, and that
the rest was daily expected and farther that there design was on
the other Leeward Islands ; what credit may be given to this
part I am not a judge but the inhabitants are in a mighty pain,
and have sent their goods all to the Fortt and all the Islands are
in arms, etc. Signed, Mich. Lambert. Endorsed, Reed. 3rd,
Read 31st Oct., 1712. 2 pp. [C.O. 152, 9. No. 132 ; and 153,
12. pp. 24, 25.]
July 20. 18. Lt. Governor Hyde to [? the Earl of Dartmouth]. Returns
North Carolina. thanks for his Lordship's favour, etc. Continues : I durst not have
presum'd to have cas'd and directed my letters to yr. Ldp., had I
not been assur'd by my wife that yr. Lp. had allow'd it, by reason
all my former dispatches to the Lds. Proprietors and my friends
have been intercepted, etc. I have in North Carolina been under
the sharpest tryalls of any person in the world, and I hope I have
acquitted myselfe with duty to my Queen and fidelity to my
masters. I am really (my Lord) allmost worn out, having had
continuall trouble without any allowance hitherto. It is in such
generous breasts as your Lp.'s to do good to Families that have
been unfortunate. My dear Ld. Rochester's death had like to
have prov'd mine, I have lost my best friend, etc. P.S. My
time is now tooke up in an Indian war, the consequence of that
rebellion of Mr. Gary's, and I shall send yr. Lp. an acct. at large
of all its circumstances. Signed, Edward Hyde. 1 p. [C.O.
5, 9. No. 18.]
July f y-. 19. P. Vanderheyden Rezen to the Directors of the Dutch
Fort West India Company. .Signed, P. Vanderhevden Rezen. En-
dorsed, Read, Oct. 13 (N.S.), 1712. 15 closely written pp.
Dutch. [C.O. 116, 21. No. 7.]
[July 21.] 20. Copy of advertisement inserted in the Gazette inviting
applicants for the grant in aid of Nevis and St. Kitts to attend on
Mondays and Thursdays at the office of the Board of Trade at the
Cockpit in Whitehall. [C.O. 153, 11. p. 498.]
July 21. 21. Mr. Popple to Mr. Attorney General. Encloses Act for
Whitehall, explaining the Act for the relief of Nevis and St. Kitts. Con-
tinues : The Council of Trade and Plantations desire you to
prepare the form of an oath for the proof of a resettlement
according thereto. [C.O. 153, 11. pp. 498, 499.]
12 COLONIAL PAPERS.
1712.
July 24. 22. P. Vanderheyden Rezen to the Directors of the Dutch
AugT5. West India Company. Signed, P. Vanderheyden Rezen. En-
Fort, dorsed, Read Oct. 13 (N.S.) 1712. 2pp. Dutch. E?iclosed,
Kykoverall, 22. i.-vii. Accounts, inventories, Bills of lading etc. Dutch.
Kio Jiissequebe. r/ ~, /- i , m AT o o n
[C.O. 116. 21. Nos. 8, 8 i.-vii.]
July 25. 23. Sir John St. Leger to Mr. Popple. I have received a
Headly. letter from Mr. William Douglass from Brest, who was taken
prisoner coming from Antigua, with several letters and instru-
ments as well for your office, as ye Secretary of State, with ye
proclamation of ye general pardon, and a full account of the pro-
ceedings thereupon, but he informs me, that all his papers were
lost or thrown overboard, except one packet, which fell into Mr.
Hamilton's hands, from whom I received ye papers I send you
herewith. Signed, J. St. Leger. Endorsed, Reed. July 29, 1712,
Read July 14th, 1713. Addressed. f p. Enclosed,
23. i. Address of Lt. General Hamilton and the Lt. Governor
and Council of Antigua to Governor Douglas, St. Johns,
July 17, 171^. Address of welcome. Signed, W.
Hamilton, John Yeamans, Jno. Hamilton, Edw. Byam,
Hen. Lyons, Thomas Morris, Richard Oliver, Will.
Byam. Endorsed, as preceding. 1 p.
23. ii. Address of the Lt. General, Council and Assembly of
Nevis to the Queen. Thank H.M. for acceptance of
address declaring their abhorrence of Col. Parke's murder,
and for the grant in aid. Continues: We cannot but
declare our great resentments of that most bloody, cruel
and inhuman tragedy intended to have been acted on
the person of your most sacred Majesty, etc. We beleive
ourselves at this time a people the most happy, by being
under your most gracious protection, and by having a
Captain General to govern us who we beleive to be an
example of piety arid loyalty. Signed, W. Hamilton, Dan
Smith, Richard Abbott, J. Bevon, Aza. Pinney, Lawce.
Brodbelt, Jno. Richardson, Micha. Smith. Jno. Choppin,
Speaker, Michl. Williams, John Symonds, Thorns.
Bridgwater, Roger Pemberton, John Butler, Richard
Brodbelt, Geo. Meriweather, David Gardner, Thos.
Minor, Saml. Gardner, John Smith, Jasper Wall, Solomon
Israel. Same endorsement. 1 p.
23. iii. Address of the Lt. Governor, Council and Assembly
of St. Christophers to the Queen. Return thanks for
the grant in aid, and praise " the sweet comportments
and desposition " and moderation of Governor Douglas.
Same endorsement. 1 p.
23. iv. Address of Assembly of Nevis in reply to Governor
Douglas' speech (v. Journal of Assembly). Same endorse-
ment. Copy. 1% pp.
23. v. Proclamation by Governor Douglas, St. Johns, Feb. 9,
1712. In pursuance of H.M. general pardon for the
murder of Governor Parke, the inhabitants are required
to abstain from party-making, and opprobrious language
AMERICA AND WEST INDIES.
13
1712.
in connection therewith. Same endorsement. Copy,
I p.
23. vi. Petition of merchants and inhabitants of Antigua to
Governor Douglas for a new Act of Courts, " to be made
to be held the usual times in this Island, whereby
petitioners may be enabled to recover their just debts."
Signed, Edward Chester and 23 others. Same endorse-
ment. Copy. I p.
23. vii. Proclamation by Governor Douglas. Feb. 21st (1712)
is to be kept as a Day of publick Fast and humiliation
throughout the Leeward Islands, etc. Same endorsement.
Copy. 1 p.
23. viii. Governor Douglas' Warrant, Jan. 1712, suspending
Walter Hamilton from being Lt. General of the Leeward
Islands and Lt. Governor of Nevis, and publishing the
same. Signed, Walter Douglas. Same endorsement.
Copy. 1 p.
23. ix. Account of stores of war wanting for St. Kitts, April
17, 1712. Signed and endorsed as preceding. 1 p.
23. x. Governor Douglas' summons to the officers of St. Kitts
to make a return to him in Council of all fines, forfeitures
and escheats, etc. from June 4, 1706 to March 25, 1711.
Same endorsement. Copy, f p. [C.O. 152, 9. Nos.
161, 161 i.-x. ; and (without enclosures] 153, 12. pp.
83-87.]
July 26. 24. Lt. Governor Spotswood to [? the Earl of Dartmouth}.
Virginia. Repeats part of following. Concludes :
As to what your Lordp. is pleased to mention (Feb. 14, 17 j^) of
Col. Corbin's voluntary appearance, and petitioning H.M. to be
heard for clearing his innocence in relation to the razure of one of
the Queen's passes, whatever pretences he may forme to vindicate
himself from being concerned in that forgery, because such a
clandestine action is hardly to be proved, yet he has not, nor can
ever clear himself of the crime of concealing it, which it was his
duty as Naval Officer to detect ; and when he had a fair oppor-
tunity of doing himself justice at his tryal before H.M. Council
here, and seemed to acquiesce in their determination, it was very
unfair to carry an appeal before H.M. without ever giving me
the least notice of his intentions, tho' he is not ignorant that it is
the constitution of this Government that appellants must not
only give such notice but also enter into bond for the prosecution
of their complaints. However, I have great reason to be satisfyed
with the justice that has been done me in this affair, since not-
withstanding I had none to appear in my behalf, nor to represent
the character he has in this Country, he has failed in carrying
the point he aimed at, etc. Signed, A. Spotswood. 3f pp.
Enclosed,
24. i. Duplicate of No. 25. i. [C.O. 5, 1337. Nos. 19A, 19A i.]
July 26. 25. Lt. Governor Spotswood to the Council of Trade and
Virginia. Plantations. Encloses duplicates of May 8 and 15. I shall
14 COLONIAL PAPERS.
1712.
according to my promise in the former begin with answering
yours of Oct. 26th (q.v.). As to the Accounts of the receipts
and payments of publick money required by the 31st article
of my Instructions, upon my arrival here, enquiring of the
Receiver Genii, for the copys of those accounts, I was told that
he constantly transmitted them to the Treasury, and to Mr.
Blathwayt, Auditor General of the Plantations, from whence he
presumed your Lordps. had the perusal of them, for that no such
accounts had been demanded of him by preceding Governors,
for your Lordps.' use : and on that information I forbore sending
copys thereof, being unwilling to trouble your Lorps. with more
papers than had been usually sent by my predecessors : but now
that I know your Lordps.' pleasure I have sent the last accounts
of the Revenue of Quitt-rents and 2s. per hhd. and shall continue
the like care for the future. There is besides these only a fund
raised by a temporary duty for finishing the Governor's house,
and all that hath arisen thereon hitherto, hath been apply ed
to that use alone, and no great expectations of its raising much
more than is so appropriated. I can't tell whether your Lordps.
will think it worth while to inspect an account of that duty (it
being under the managment of a particular Treasurer constituted
by the Assembly) or of the tobacco payments regulated by the
Assembly in that which they call the book of claims, levyed by
the poll on the tithable persons, and paid to the publick creditors
to whom it is proportioned. I have in compliance with the
48th Article of my Instructions sent your Lordps. a list of all
offices and officers within this Government, and as to the publick
charges thereof, I beg leave to refer to the accounts of the
Revenues, where the sallarys are particularly set down. The
increase and decrease both of H.M. Revenues of quitt-rents and
2s. per hogshead depend on the market for tobacco ; and tho
the former has received a considerable addition in the number of
acres lately discovered, and some new land taken up, yet while
the price of tobacco is so low, there is little probability of that
revenue's increasing : and for the same reason the 2s. per hhd.
has been for divers years past in a decreasing condition, the people
- being in sundry places of the country totally discouraged from
making tobacco, but as soon as that commodity becomes again
valuable (of which the near prospect of a happy peace gives us
the greatest hopes) there is no doubt both those revenues will
be considerably advanced. As to the 46th Article of my Instruc-
tions relating to patent places, there are in this Colony only two
under the Great Seal, viz., the Secretary and the Auditor, which
last has a Deputy acting under him here ; and the Receiver
Genii, who holds his office under H.M. sign manual. Whenever
I observe anything in the management of either of those offices
which may be worthy your Lordps.' notice, I shall not fail to
communicate the same with my thoughts thereon. The obtaining
an account of all the inhabitants according to the 67th article
of my Instructions has been attempted by former Governors
with very little success ; for the people are so possessed with the
apprehensions that a capitation tax will be the consequence of
AMERICA AND WEST INDIES. 15
1712.
taking those lists, that they never would, nor will be perswaded
to give up the number of their familys with any exactness ; nor
can they be compelled to do it without a law for that purpose.
The most exact accounts I can obtain is by the lists of tithables
wch. comprehend all male persons bond or- free above 16, and
all negro, mulatto and Indian women of the same age, the number
of which your Lordps. will find in the general list I have herewith
sent, where you will also observe the number of freemen fitt to
bear arms amounting to 12051 : and I beleive there cannot be
less than an equal number of negros and other servants if it
were fitt to arm them upon any occasion. The accounts of
births, christenings and burials tho directed to be kept by an old
law of this Colony, has been so long neglected, that in order to
the obtaining a more exact computation thereof, I have been
obliged to issue a proclamation to enforce that law : and have
directed lists to be transmitted to the Council Office every half
year, the first return of which will be made next October, whereby
I hope to enforce what is required by the 68th Article of my
Instructions. I have made enquiry concerning the stores of
war in this Colony, and find that by order of former Governors,
the arms and ammunition sent hither by H.M. some years ago,
were distributed through ye several countys to be more ready for
the service of the Militia upon any emergency : but either through
the negligence or death of some of the officers to whom they
were intrusted, there has been great embezelments made therein,
which I'm now endeavouring to discover, in order to lay a true
account of those stores before your Lordps. according to the 75th
and 76th articles of my Instructions, tho' notwithstanding all
the diligence I could use, I have not been able to obtain the same
so as to send it by this conveyance. The 92 article concerning
the strength of our neighbours, I suppose to be meant of the
neighbouring Indians, (for there are no other forreign nations
near this Colony). In answer to which, there are nine Nations
of Indians tributary s to this Government viz. the Pamunkys,
Chicahominys, Nansemonds, Nottoways, Maherines, Saponies,
Stukanocks, Occoneechees, and Totteros, whose number of men,
women, and children do not exceed 700 in all, and of those
there may be reckoned 250 fighting men. These are all
in an entire subjection to this Government, and live quietly
on our frontiers traffiquing with the inhabitants their
skins and furrs for cloathing, powder, shott and other
European manufactures. The next Nation of Indians with
whom we have had frequent correspondence, and who are
most like to annoy us, is the Tuscaruros said to be about 2000
fighting men ; they live within the bounds of Carolina, and before
the late massacre committed there by some of them, and others,
had a constant trade with our inhabitants for the like commoditys
as our own Indians : but since that time I have prohibited all
comerce with them, till they give satisfaction for the murders
committed in Carolina. Besides these we have no other Nations
that frequent our frontiers, and those with whom our traders
have the cheifest traffique for skins live at least 4 or 500 miles
16 COLONIAL PAPERS.
1712.
to the south west of us, and their names scarce known to any but
the traders. As to the 109th Article, there have been no negros
imported into this Government from the coast of Affrica, either
by the Company or separate traders since my arrival, nor like
to be while the price of tobacco is so low, and the country so
much in debt. There have been a few brought from Barbados
and are generally such as have been first entered there, of which
I doubt not your Lordps. have accounts from thence. The 110th
Article of my Instructions I hope hath been complyed with
by my former letters wherein I have taken the liberty to represent
to your Lordps. the wants and defects of this Government, as
well as the improvements which I conceived might be made,
according as the same occurr'd to my observation : and shall not
fail to continue the like representations from time to time as I
find occasion. At present I cannot think anything of greater
concernmt. to this country, as well as the particular service of
H.M., than what I hinted to your Lordps. (May 15th) for encour-
aging the discovery of the silver mines. I have since the return
of the Baron de Graffenried from Potomack discoursed him upon
the probability of mines in those parts : he says, tho' he has no
doubt of finding such from the accounts he received from one
Mr. Mitchel a Swiss gentleman who went on the like discoverys
some years ago : yet he finds himself much discouraged from
prosecuting his first intentions not only because of the different
claims to the property of the soil (whether belonging to the Queen
or the Proprietors) but because the share which the Crown may
claim in those mines, is also uncertain ; and that after all his
trouble in the discovery he may chance to have only his labour
for his pains : whereas he would gladly imploy his utmost dili-
gence in making discoverys, if it were once declared what share
H.M. would expect out of the produce of the mines ; or if H.M.
would be pleased to take the mines into her own hands, promising
him a suitable reward for his discovery, and granting him the
superintendency of the works with a handsome sallary : he says
it is a matter not new to him, there having been mines of the
like nature, found on his father's lands in Swisserland which were
at first wrought for the benefitt of the State, but turning to small
account were afterwards yeilded to the Proprietor of the soil,
upon paying a share out of the produce thereof : that he has
some relations now concerned therein, and by their interest can
procure skilfull workmen out of Germany for carrying on these
works. I shall submitt to your Lodps. better judgment which
of the alternatives proposed by the Baron will be best for H.M.
service, and shall hope for a speedy signification of H.M. pleasure
thereon, for promoting a design, wch. I can't but believe will turn
to the advantage of H.M. and the improvemt. of this Colony.
The Baron has not been so far up Potomack as to discover the
head springs of that River, nor to make a true draught of their
course : so that I can't now send your Lordps. the mapp I prom-
ised in my last, nor form a judgment of the pretensions of the
several Proprietors. Having in sundry of my former letters
given yr. Lordps. an account of the principal transactions of this
AMERICA AND WEST INDIES. 17
1712.
Government, which have been treated of in Council, I shall not
renew your trouble by any remarks on the Journals which I
now send entire from July 24, 1711, to July 21, 1712. I have
also sent the duplicates of the Laws and Journals of Assembly,
together with the several proclamations issued this year. It is
with very great concern, that I find myself still obliged to repre-
sent to your Lordps. the unhappy scituation of affairs in the
neighbouring province of North Carolina : for since the hasty
peace concluded with the Indians (v. May 8th), the forces sent
from South Carolina are returned home, and the Indians have
committed two fresh massacres, and it is not likely they will
stop there, if there be truth in what one of their cheifs concerned
in the first massacre hath lately confessed at his execution, that
the Senequa's have promised them a powerfull assistance by the
latter end of next month, who are in their way to fall on some of
the Tributary Indians on our frontiers, and what seems to confirm
this is the account I have just now seen in a letter from the
Secretary of New York to the Governor of North Carolina, that
the French have been very active to perswade the Senequa's
to joine the Tuscaruros, and it is to be feared have prevailed with
them. The conduct of the Government of North Carolina from the
begining of this Indian war has been so unaccountably irregular,
that it has rendered all the measures I was willing to enter into
for their assistance ineffectual, and I hope when I have mention-
ed a few instances thereof, your Lordps. will not judge me only
an idle spectator of the miserys of my fellow subjects. The first,
when I had engaged our Assembly to vote a considerable supply
for the succour of that Province, their Assembly which was then
sitting, instead of acting in concert with ours, fell into such heats
among themselves, because they could not oblige the Governors
to admitt into their former offices, the most notorious fomenters
of the late rebellion, that they would take no measures against
the common enemy ; and to this behaviour of theirs may in a
great measure be attributed that of our Burgesses, who fell from
their first resolutions, and could not thereafter be prevailed upon
to give assistance to a people so wanting to themselves. Next
when I had by a solemn treaty made in the presence of our
Assembly, engaged the upper towns of the Tuscaruros to joine
in cutting off those concerned in the massacre, and had communi-
cated the same to the Governour of North Carolina. That
Government instead of concurring with me, in stipulations that
provided solely for their succour, and the relief of their captives :
rather chose to denounce war against all the towns in general
and without waiting to see whether those upper towns would
perform any of their engagments, they imediately fell upon
those very people who (how little soever they designed to execute
their promises) hereupon argued that we had violated ours.
And lastly (for I will not trouble your Lordps. with all the
instances I could give) when their whole Assembly joined in an
Address to me last spring, beging an aid of 200 men for the better
carrying on the war, and in that Address told me that they had
raised 4000 whereby the succours sent from hence would be
Wt. 5622, C.P. 2.
18 COLONIAL PAPERS.
1712.
provided for : I thereupon made extraordinary efforts to assist
them with 200 white men and Indians, as your Lordps. will
observe in the Journal of the Council April 24th last, and accord-
ingly directed the rendevouze of those forces on the 10th of May :
yet upon my meeting the Governor of North Carolina to adjust
certain preliminarys for the better carrying on the service and the
subsistance of the troops, I found that Government never intended
to furnish so much as provisions or be at any manner of expence
for them, but on the contrary had laid 10 per cent, on all the pro-
visions carry ed into that country, so that the forces sent to their
assistance must not only be paid and subsisted at the charge of
this Government, but must also pay a duty for the victuals they
eat while they were imployed in the defence of that country :
and besides this I found the Commander of their forces had of
his own head, clapt up a peace with the Indians upon very odd
and unaccountable conditions, which nobody expected to last
long, and it seems he did not intend it should ; for he soon after
surprized some towns, and carryed off a great many captives of
those who looked upon themselves as secure under the Treaty
he had made with them, and by that means he has entailed a
new war on the people of North Carolina, in which he was resolved
to have no share, having imediatly after set sail with his prisoners
to South Carolina, and the two massacres I have above mentioned
have been the imediate consequences of this Mr. Barnwell's
treachery. These irregular proceedings, both discourage and
disable me from assisting the unfortunate people of that Province,
who must be forced to abandon all their settlements on Neuse
and Pamplico rivers, and thereby incourage the heathen to further
attempts both on the other parts of that country, and on our
frontiers : and I must sitt down under the mortification of seeing
myself unable to protect H.M. subjects untill a nearer approach of
danger convinces the people of this Colony of their error in not
making timely provision to hinder the growing power of the
heathen, and alarms both countrys to act more vigorously for
their mutual defence. It was but the other day that a party of
the Tuscaruros killed 3 and wounded two Nottoway Indians our
Tributarys as they were hunting near our inhabitants, which
seems only a prelude to what we may expect after their conjunc-
tion with the Senequas. I understand by some traders lately
come from South Carolina that they make great clamours there,
as if our Indian traders had assisted the Tuscaruros with ammuni-
tion ; but I'm perswaded your Lordps. will find enough on the
Council Journals since September last, to refute that report ;
and to satisfy your Lordps. that this Government hath taken all
imaginable care to prevent any such commerce. Your Lordps.
will observe by our Journals that even the trade with the Western
Indians has been shutt up ever since last October, out of consider-
ation for the province of North Carolina, but finding that trade
still carry 'd on by the people of South Carolina, and that those
Indians have no correspondence with the Tuscoruros, I have
again by advice of the Council, opened the same for our inhabi-
tants, lest it should be lost to us, and the Indians obliged to sue
AMERICA AND WEST INDIES. 19
1712.
to the French for those supplys which South Carolina can't
furnish them ; but still with this precaution of taking 300 bond
of every one of our traders not to trade with, nor go near the
Tuscaruros or any other Nation in alliance with them. The
Nations with whom this trade is carryed on live sevll. hundred
miles from the Tuscaruros ; and as our traders assure me they
must travell at least 1500 miles to come at the most considerable
of them who live on the back of the mountains in the latitude of
Virginia. If this be true (which I shall know more certainly
at the return of our traders, to whom I have given directions
to make observations of the latitude) your Lordships will no
doubt think it still more unreasonable, that the Carolina men
should impose dutys and seize the goods of H.M. subjects for
barely passing through their Country. Acknowledges letter of
Feb. 1st, 17j|. Signed, A. Spotswood. Endorsed, Reed. Sept.
19th, Read Feb. 26th, 17||. 9f pp. Enclosed,
25. i. (a) Copy of Proclamation by Lt. General Spotswood for
apprehending Col. Thos. Gary and other seditious
and factious persons (John Porter, Emanuel Low,
Nevil Low, Capt. Stone, Edmund Porter, Levy True-
hitt, Wm. Barrow, Tho. Sparrow, George Berkin-
head, Henry Warren, Simon Alderson jr., Samll.
Boatwell, and Richard Roach), that have made their
escape from North Carolina into this Colony. July
24, 1711.
(b) Copy of a Proclamation for a General Fast on Sept.
7th to implore the blessing of God upon the expedition
to Canada, etc. Aug. 6, 1711. Signed, A. Spotswood.
(<?) Copy of a Proclamation repealing Acts of 1666 and of
1705 concerning the seating of lands. Oct. 24, 1711.
Signed, A. Spotswood.
(d) Copy of a Proclamation restraining seating on out
lands during this time of danger. Jan. 28, 1711 (12).
Signed, A. Spotswood.
(e) Copy of a Proclamation for enforcing the Act of 1661
for the keeping of registers by ministers and readers,
etc. April 1st, 1712. Signed, A. Spotswood.
(/) Copy of a Proclamation for publishing the encourage-
ments in the Act of Parliament for the encouragement
of the trade to America. April 1st, 1712. Signed,
A. Spotswood.
(g) Copy of a Proclamation for prohibiting all correspond-
ence with the Tuscaruro Indians. April 19, 1712.
Signed, A. Spotswood.
(h) Copy of a Proclamation prohibiting the takeing up or
seating any lands within the bounds in dispute
between Virginia and North Carolina. June 10,
1712. Signed, A. Spotswood.
(*) Copy of a Proclamation for a free trade with the
Western Indians. June 10, 1712. Signed, A. Spots-
wood. The whole endorsed, Reed. Sept. 19, Read
Feb. 26, 17ff. 11% pp.
20 COLONIAL PAPERS.
1712.
25. ii. Account of H.M. revenue of 2s. per hhd. arising in
Virginia. Total (July 20, 1711 April 25, 1712,) =
2523 14s. 3d. Expenditure on salaries of officers, etc.
=3203 12. Qd. Same endorsement. 1 p.
25. iii. Account of H.M. Revenue of Quit-rents in Virginia,
June 1st, 1711 April 25, 1712. Total, 1585 18s.
Same endorsement. 1^ pp. [C.O. 5, 1316. Nos. 90,
90 i. -iii. ; and (without enclosures) 5, 1363. pp. 459-475.]
July 28. 26. Order of Queen in Council. Referring enclosed petition
Windsor, to the Council of Trade and Plantations for their report. Signed,
Edward Southwell. Enclosed, Reed. 1st, Read 26th August,
1712. l pp. Enclosed,
26. i. Petition of the Society for the Propagation of the
Gospell in Foreign Parts to the Queen. Thomas Poyer,
wrongfully kept out of his parsonage and glebe in the
parish of Jamaica in Long Island, fears lest, if he seek
his remedy at law, and a cause of the Church be tried
by Dissenters, he would not find justice. The value of
the house, etc. being small, an Appeal to H.M. would
not lie. Pray that, in causes relating immediately
to the Church, appeals may be allowed without any
restriction, or limitation of the value appealed for. (v.
A.P.C. II. No. 1168). Copy. 4 pp. [C.O. 5, 1050.
Nos. 52, 52 i. ; and 5, 1123. pp. 50-56.]
Aug. 2. 27. J. Reynardson and John Elbridge, Collectors of Customs
Custom house, at Bristol, to the Council of Trade and Plantations. Enclose
Bnstoll. following. Signed, J. Reynardson, Jno. Elbridge. Endorsed,
Reed. Read Aug. 5th, 1712. Addressed. Postmark, f p.
Enclosed,
27. i. List of ships (10) cleared from Bristol to the Fishery at
Newfoundland, June 24, 17111712. 1 p. [C.O.
194, 5. Nos. 14, 14 i.]
Aug. 4. 28. William Sharpe to the Earl of Dartmouth. Your
London. Lordship, my Lords Archbishop of York and Bishop of London
haveing done me the great honour of presenting me to H.M.
I think myself highly concern'd to vindicate my character from
aspersions etc. I now stand reproach't in those very things for
which I have receiv'd the universal thanks of my country, and
the approbation of the best of Princes ; etc. I pray your Lordship
to sett my innocence in a true light before H.M. I have petitioned
the Committee of the Privy Council for hearing appeals from the
Plantations either to dismiss that fals and scandalous libell
against me, or command the persons who lodg'd the same forth-
with to serve me with copys of their proceedings, etc. Compli-
ments, Signed, Wm. Sharpe. 4 pp. [C.O. 28, 43. No. 78.]
[Aug. 5.] 29. Micajah and Richard Perry, merchants of London, to
the Council of Trade and Plantations. Petitioners having
advanced several considerable summs of money for Governor
AMERICA AND WEST INDIES.
21
1712.
Aug. 6.
Whitehal.
Aug. 8.
Annapolis
Royall.
Parke, he made over to them his land and negroes in Virginia
as security, and owing also several sums by bond to others. As
executors with his daughter, they have joined in an Act of Assem-
bly there (to enable John Custis etc. v. Aug. 26) for selling part of
his estate towards paying his debts, etc. Pray H.M. approbation
of the same. Endorsed, Reed. 5th, Read 26th Aug, 1712. 1 p.
[C.O. 5, 1316. No. 82.]
30. Council of Trade and Plantations to Lt. Governor Bennett.
Having had under consideration an Act past in Bermuda, Jan.
19, 11 j^ impowering Richard Jennings to sell one share of land
in Smith's Tribe, transmitted to us in your letter of Aug. 30, 1710,
we find that the land mentioned in the said Act is vested in
Richard Jennings in Fee, whereas it ought to have been vested
in Trustees to be by them sold, and the money arising thereby
apply'd to the just payment of the debts of the said Richard
Jenings, according to the true intent and meaning of that Act.
And that the surplus if any there be ought to be laid out upon a
purchase of lands to be settled to the same uses, as the land
directed to be sold were limited and settled. Besides there is
no saving in the said Act of the right of the Crown or Bodies
Politic. For which reasons we have not thought proper to lay
the said Act before H.M. And therefore you will do well to
move the Assembly to pass a new law not liable to these objec-
tions. And when we receive the same from you, we shall lay it
before the Queen for Her Royal confirmation. [C.O. 38, 7.
pp. 35, 36.]
31. Lt. Governor Vetch to the Earl of Dartmouth. I
have wrote your Lordship so often relating to the state of this
garison and the payment of the bills for its support without
being honoured with the least return or direction with relation
to the same, that I now allmost write in dispair, and as the Agent
who hath launched out all the money he was capable to raise for
H.M. service and the support of this garison, having received as
yett no reimbursement is necessitate to abandon us, so that I
cannott gett any person whatsomever who will upon the publick
account advance either money or provisions for the support of
the garison, nor have wee provisions for no more then a month's
time longer, which is to the 10th of September, so that wee are
like to be reduced to a necessity to abandon the place, for the
inhabitants have not provisions to maintain themselves ; soe
that wee are reduced to the last extremity especially considering
that the garison is composed of all the mutineers and refuse of
the seven regiments from which they were detached as their own
officers affirm : so that if any misfortune should happen, I cannott
be justly blamed for the same. Seven or eight of them deserted
to the French and Indians : but upon paying a reward of 5
pr. man, they were all brought back by the French save two,
and being tryd by a Court Martiall five of them being condemned
to die, of whom I reprived four by vertue of H.M. Commission
to me for that effect : and one was shott conform to sentence.
22 COLONIAL PAPERS.
1712.
Since which twelve of them who were stragling abroad contrary
to positive orders that same morning given out, were taken
prisoners and two more killed, by a party of 150 or 200 Indians
who came privately by order of the Governour of Canada to
catch some prisoners to give them information whither any expedi-
tion was designed against that place : had they not been above
the double number of Coll. Livingston's company of Indians,
and that even the half of them was gone along with the Saphyre
man of warr whom I sent att the desire of the Governours of
New England and New York with two small tenders to the wreck
of the Fevershame and transeports lost att Cape Britton, I doubt
not but they would have recovered the prisoners from them,
but they carried them all away to Canada, and wee have two more
deserted since, many of them being Irish desert upon the account
of Religion, so that if your Lordship and the Ministry would but
please to consider my circumstances, you will find I have the
hardest task imaginable to manage such a garison in such cir-
cumstances. As to the victualling of the garison it hath bein
upon the most frugall footing possibly could be : for the Agent
hath bein only allowed l\d. per day for the provisions delivered
att the Fort, the freight of which cost att least a fifth part :
besides the sea hazard : while att the same time, the victualling
of each seaman in the station ships att Boston, who receive their
provisions there and save all the freight, stands the Queen in
9d., etc. As I have by every possible oportunity pray'd H.M.
orders, for near these two years past, so I hope I cannot be blamed
in continuing them upon the same footing the Counsell of Warr
who was impowered by H.M. left them in with me, etc. As soon
as your Lordship will obtain me H.M. leave to waite upon her
in Brittan, I doubt not to convince your Lordship and the
Ministry that I have laboured under the greatest difficultys and
hardships that perhaps ever any person in such a post ever did,
etc., and have acted with the utmost zeall, justice, frugality and
regard to H.M. honour and intrest, and hope to find a reward
accordingly. Refers to accounts transmitted, etc. Signed, Sam.
Vetch. 11 pp. [(7.0.5,9. No. 109.]
Aug. 8. 32. Mr. Attorney General to the Council of Trade and
Plantations. Submits form of oath for proof of resettlement by
the sufferers at Nevis and St. Kitts (v. July 21). Signed, Edw.
Northey. Endorsed, Reed, llth, Read 12th Aug. 1712. 1 pp.
[C.O. 152, 9. No. 126 ; and 153, 12. pp. 1, 2.]
Aug. 9. 33. Lt. Governor Lambert to the Council of Trade and
St. Plantations. The enclosed I had presumed to have sent by
Christophers. SO me vessells bound hence for Level-pool, which parted in
such confusion and fear of the enemy that the Masters omitted
calling for it at the Custome house, etc. Signed, Mich. Lambert.
Endorsed, Reed. 3rd, Read 31st Oct., 1712. 1 p. Enclosed,
33. i. Lt. Governor Smith of Nevis to Lt. Governor Lam-
bert of St. Kitts. Nevis, Aug. 6, 1712. These serves
to advise you of what news we had by a briganteen
AMERICA AND WEST INDIES. 23
1712.
on Munday, which came from Antegoa Sunday last.
The master reports that the Virgin Queen that day
came in being sent out as a spye, saith that he saw
at Guard a loupa 16 saile of ships and 32 saile of sloops
by which number presume they are all joyned, and may
be upon some attackt in a few days. It's also reported
by what they have learnt they are designed for Antegoa,
the men of warr are all hailed in, and their men on shoare,
as it's reported and all incampt ; which now I presume
you will have from Capt. Liddle that went from hence
on Munday. I am now sending out Capt. Canarragan's
sloop to make some discovery, etc. Signed, Dan Smith.
I p.
33. ii. Deposition of William Bevell and James Brookes,
mariners. St. Kitts, Aug. 9, 1712. Deponents were
taken at the Isle of May on April 24 by a ship belonging
to a French squadron consisting of 7 men of war, which
came from Touloon under M. Cousier, who took the
Island of St. Jaugo, belonging to the King of Portugall,
where they plundered for eight days, and burnt part of
the town. Thence proceeded to Surrinam (except one
merchant ship which was reported went for Guinnia)
they attempted landing there with 25 boats manned,
but was put off, and then went for Martiniqco. The
inhabitants of that Island and Guardaloupa joyned
them with two briganteens and 16 sloops, and went
first to Antegoa, where they attempted landing about
midnight near Falmouth harbour, but was discovered,
the Island allarmed, and they put away for Montserratt
where they landed about 3000 men, ravaged and
plundered that Island (in part) for 12 days and carryed
off about 12 or 1400 negroes but General Douglas with
four small men off warr and five sloops appeareing off
the Road where the French Fleet was at anchor, they
burnt the towne, imbarqued their forces and sailed the
same day for Guardaloupa. The French Commodore
had 56 guns, one ship 50, one 48, one 40, one 30, one
20 guns ; the other ship had 30 gunns but left behinde
at Martinique haveing lost her mast. Signed, William
W. Bevell, James Brookes. 1 p. [C.O. 152, 9. Nos.
132, 132 i., ii. ; and 153, 12. pp. 26-29.]
Aug. 11. 34. The Earl of Dartmouth to the Council of Trade and
Windsor Plantations. I am to desire you will let me know what informa-
Castle. tions you have reed, relating to a clandestine trade carryed on
by one David Creagh in the West Indies, particularly whether
any affidavits have been transmitted to you, or living wittnesses
sent over to prove the crimes with which he stands charged. He
is now on board one of H.M. ships of war, and no resolution can
be taken in what manner to proceed against him till I have your
answer, etc. Signed, Dartmouth. Endorsed, Reed. Read Aug.
13, 1712. 1 p. [C.O. 137, 9. No. 67 ; and 138, 13. p. 395.]
24
COLONIAL PAPERS.
1712.
Aug. 12.
Whitehall.
35. Mr. Popple to Mr. Burchet. Encloses extract from
Governor Hunter's letter, etc., March 1st, relating to the building
of a galley at New York, to be laid before the Lords Commissioners
of the Admiralty. [C.O. 5, 1123. p. 49.]
Aug. 12.
Charles Fort
in St.
36. Robert Cunynghame to the Council of Trade and Plant-
ations. Repeats parts of April 30 and July 2. Continues:
Genera] Douglas had me taken up by a falce, scandalous and
'' malicious warrant (v. C.S.P. 1711-12, No. 392 ii.), for that the
persons he sayes informed him and Council, were not before
the Council, but at the Lt. Governor's with a Justice and
lawyer of his appointing, the Saturday and Sunday before,
where he then was, I gave myself the pleasure by a letter on
Munday, to informe him more than any or every body besides
could and more than he cared to hear, which was delivered
him by my little son of twelve years old, who I hope will have
the honor to deliver this to your Lordships, with the copie
of my said letter if required. Upon my appearing before him in
Council the 15th he charged me with no part of his warrant
but my letter, which I did and will justifie in every part, and
what I said besides at the Council Board, etc. The Island of
Montsearat is lately destroyed by 5 of the enemies ships from 30
to 54 guns, a Dutch prize, 13 sloops and smal vessels at a time
there never was so many merchant ships nor of so good coun-
tenance in this Government, were some of them fitted out with
the four men of war they would drive the enemies ships out of
the West Indies. I wish your Lordships may not in a little time
hear of the loss of all the Islands by the General's ill conduct,
we daily expect to be attackt here, I continue a prisoner, my wife
with child and eleven smal children, etc. My humble petition
to your Lordships is that General Douglas, Lt. Governor Lambert
and myself may appear before H.M. in Council, your Lordships,
or at the Queens Bench Barr, for that here the General is always
in the right, it will then appear who is guilty of high crimes and
misdemeanors, or worse, General Douglas for his conduct on
account of General Park at Antigua ; upon account of Montserat
and now all the Islands being exposed to be destroyed by the
enemy, his suspending Lt. General Hamilton, which common
fame said he was searching reasons for some months after, his
oppressing me, and taking by himself or servants extravagant
fees, more then ever General Park did, nine pieces of eight from
a stranger for a lycence of marriage and seven from a poor man for
proving a deed of gift, more demanded but beat down by both.
Lt. Governor Lambert for making away four of the Queen's
brass field pieces, two that came with the Duke of Bolton's
regiment from England, and two with Sir Timothy Thornhills
from Barbados which were in Charles Fort when Lt. General
Hamilton went hence. Lt. Governor of Nevis. For being
concerned with or consenting to General Park, in defrauding the
poor inhabitants of this Island and Nevis of the Queen's Royal
Bounty sent in the Triumphant under the convoy of Capt. Geo.
Camocke of H.M.S. Speedwell, no part of the following species
AMERICA AND WEST INDIES.
25
1712.
Aug. 13.
Whitehal.
Aug. 13.
Antegoa.
being distributed : 7 tierces of beef, 1 tierce, 7 barrils and 6 half
barrils of pork, 8 tierces, 57 barrils of flower, 27 boxes of candles ;
43 hhds. of wine etc., 8 hhds. of salt ; 5 runlets of brandy etc,
For that the said Lt. Governor's sloop being sent with a flag
of truce to Martinique about Easter 1708, he with one or more of
the Council were concerned in 99 barrils of beef then sent to the
enemy, etc. For that some years ago he did take John Cannaragan
an inhabitant of this island then sick of a fever from his family
and put him on board H.M.S. Diamond, Capt. Ramsey com-
mander, where he was put in irons and exposed to sun and weather
upon the forecastle four dayes and nights without bread or water
but what was given him unknown to the Captain, his pretended
crime being piracy for taking under a Dutch commission one of
General Park's flags (of) truce with contraband goods going to
Martenique. He being told of it by myself some time after at a
conference as I was Speaker to the Assembly, he said 'twas by
the General's order and with consent of the Council, so that your
Lordships see what they are. For that at this time of very great
danger from the enemy, being still at Guardeloup, 37 dayes
since they landed at Montsearat and a much longer time since
we were apprized of their designs against the Islands, the Queen's
best cannon lye exposed at the Old Road, Palmeta Point and
Sandy Point, when they are wanted in Charles Fort as well for
its defence as security of the ships that would on this occasion
anchor under it, that the said Fort is entirely neglected, the well
within as well as that without being choakt up with dirt and
stones, neither winlass, rope nor bucket to either, that for these
four months past that I am here, he has bin but four times in it
and his stay at all those times not half an hour. That there is
not a barril of beef nor flower upon Brimston Hill, which is our
greatest security, by nature impregnable, and but lately either
powder or ball, and the officers of the Queen's Regular troopes
are not to this day consulted upon the danger that hangs over
our heads. Signed. Ro. Cunynghame. Endorsed, Reed. 29th,
Read 31st Oct., 1712. 3 pp. \C.O. 152, 9. No. 130 ; and 153,
12. pp. 14-20.]
37. Council of Trade and Plantations to the Earl of Dart-
mouth. Reply to Aug. 11. Enclose extract of letter from Lord
A. Hamilton, May 15, and state of the case of David Creagh.
Autograph signatures. 1 p. [137, 46. Nos. 4, 4 i. ; and (without
enclosure) 138, 13. p. 396.]
38. Governor Douglas to the Council of Trade and Plantations.
Sir Hovenden Walker arrived with the London fleet the 24th of
June, and sailed for Jamaica the 28th, and left his orders for
Capt. Hamiltoii, H.M.S. Woolwich, to come down from Barbadoes
with all H.M. ships to the assistance of these Islands, upon the
first notice from me, of any invasion from the publick enemy, or
any new insurrection in this Island. On July 4th a squadron of
men of warr from Thoulon commanded by Monsieur Cassaert, that
had made some attempts at St. Jago was repulsed at Surrinam,
26 COLONIAL PAPERS.
1712.
alarmed Barbadoes, the Panther and Burlington having been
chased by three of their biggest ships, alarmed us with some small
ships appearing near Guardaloupe and standing off seemed to be
reinforced with some more ships and sloops. They endeavoured
to land on Sunday morning, July 6th, at Willoughby Bay and the
Mamora, but stood off again upon their perceiving a few horse
and foot in some readiness to receive them. On Munday morning
they stretched along the Leewardmost part of the Island and
besides a great many sloops and small vessells with small boats
for landing men we reckoned one 70 gun ship (with 64 guns
mounted called Le Neptune as our spy and prisoners have since
informed us) two ships of 50 guns, one ship of 40 guns, three
ships of 32 guns. In the evening they landed a few men at Carrs
Bay upon the Island of Montserratt, and next morning at Ply-
mouth after firing some broadsides against the battery and tower
they landed there and to northward of the Island at Carrs and
the next Bay above 3500 men as they confidently report. Upon
the first alarm I immediately sent away two sloops to the Governor
of Barbadoes for his assistance and had the six men of warr met
with the usual dispatch they would have arrived at Plymouth
Road in Montserratt a considerable time before they left that
Island and when they were in confusion many of their men being
ashoar and taken up with thoughts of their plunder. It proved
to be the singular good fortune of the French that the great
rain and tempestuousness of the weather hindered us from
landing anywhere to windward which made our intelligence very
slow and incertain ; and the Roebuck being disabled in her masts
as soon as ever we could get her in a posture of sailing, I embarked
with the Diamond, Roebuck, Scarborough and the Jolly man of
warr of 16 guns and some sloops with near 300 men on board,
which I endeavoured to land (and would have gone ashoar
alone to have incouraged the poor people if it had been possible)
but by reason of the surges running so very high I found it alto-
gether impracticable, tho' about 100 of the inhabitants came
down from their last place of retreat, their dodand, to favour
our landing ; we were oblidged to go very near the French fleet
at anchor and by their hurry and unreadiness to sail we got all
safely to windward and alarmed Guardaloupe (still heartily
praying for a force to land and make reprizalls) and took some
prisoners before we returned to Antegoa where the six men of
warr arrived from Barbadoes July 20th, who after a consultation
resolved not to attack the enemy if of equal 1 force. The day
following I sent a reinforcement of above 400 men soldiers,
sailors and the islanders, on board their ships. The 22nd they
sent to discover the enemy who they perceived had left Mont-
serratt the same day in the evening after we had given them the
alarm and in spite of all our intreatys and remonstrances the
Captains of the men of warr from Barbadoes would neither
consent to continue with us any time nor yet to attack the enemy
tho of an inferiour force at anchor at Guardaloupe ; Capt.
Constable left us the 26th and Capt. Hamilton the 27th of July
in very mean circumstances which has oblidged us to take all
AMERICA AND WEST INDIES. 27
1712.
imaginable care to put the Island in the best posture of defence
that at present it is capable of. I have formed the sailors into a
regiment and sent for 100 men from Montserratt and repaired
our breastworks, trenches and all sorts of fortifications, but both
the few soldiers and the militia are in great want of small arms.
We are still in hourly apprehensions of being invaded by the
enemy (the planters affairs and all trade being at a stand) and
this day our spy-boates brings intelligence of their being in
motion and some of them got under sail ; we are as well provided
for them as it lyes in our power to be, and the people seem very
well resolved to make a vigorous defence, but if they fall to
leeward and attack Nevis and St. Christophers they must of
necessity overrun them in a little time. The desertion and
absence of the Lt. Governor of Montserratt made it the easier
for them to ravage and do so much prejudice to that poor island,
where out of about 5000 negroes (besides the burning many of
their houses and works) they lost about 1200. Signed, Walter
Douglas. Endorsed, Reed. 29th, Read 31st Oct., 1712. 2| pp.
[C.O. 152, 9. No. 134 ; and 153, 11. pp. 30-34.]
Aug. 13. 39. Governor Douglas to [? the Earl of Dartmouth]. Repeats
Antegoa. preceding. [C.O. 152, 42. No. 87.]
[Aug. 14.] 40. Order of King in Council, April 2, 1696, referring following
petition to the Council of Trade and Plantations. Signed, Wm.
Bridgeman. Endorsed, Reed. 1696, Read Aug. 14, 1712.
Enclosed,
i. Petition of Charles Knights, Charles Whittell and
Edward Broughton, of Jamaica. Sir James del Castillo
and Don Francisco Porcio, subjects of the King of
Spain and factors for the Assiento for importing negroes
to the Spanish West Indies, contracted with petitioners
for moneys advanced and negroes delivered at Porto
Bello and Carthagena, and particularly Francis Porcio
did agree to pay Charles Knights 38,280 peices of
eight; to Charles Whittell 2150 135. 9d., and to
Edward Broughton 500 for negroes delivered. Sir
James del Castillo contracted to pay Charles Knights
37,500 peices of eight for negroes delivered. Before
the ships sailed from Carthagena these peices of eight
were by some order from the Spanish Governor there on
contrivance of Francisco Porcio taken out and detained.
Porcio resides and is protected at Panama. Appeal for
H.M. orders for satisfaction to be made to them by him.
\p.
40. ii.-iv. Copy of Don Francisco Portio's contracts to pay
Knight, Whittell and Broughton as in preceding.
Signed, Francis Portio. 3 pp.
40. v. Copy of Sir James del Castillo's contract as in preceding.
Signed, Santiago del Castillo. 1 p. [C.O. 137, 9.
Nos. 68, 68 i.-v.]
28
COLONIAL PAPERS.
1712.
Aug. 14.
Whitehall.
Aug. 14.
London.
Aug. 15.
Whitehall.
Aug. 15.
Bermuda.
41. Mr. Popple to Henry Lord Bishop of London. The
Board is verry sorry to hear of your Lordship's indisposition,
which has hindred them of the advantage of your Lordship's
assistance this day. However they send you names of six
persons recommended to them, and desire you to let them know
whether your Lordship have any objection as to the principles
of these men, that may disqualify them, for the place of Coun-
cillors in New Jersey, etc. [C.O. 5, 995. pp. 161, 162.]
42. Micajah Perry to Mr. Popple. I have yours relating to
Col. Douglas. I have only advice that there is severall gentlemen
comeing over immediatly to whome I am to aply for a full state
of all thing in the Islands, particularly one Mr. Bunnion, ete.
Signed, Micajah Perry. Endorsed, Reed. 14th, Read 26th Aug.,
1712. | p. [C.O. 152, 9. No. 127 ; and 153, 12. p. 4.]
43. Mr. Popple to Mr. Buckley. Order to print 1000 copies
of the oath for the sufferers at Nevis etc. (v. Aug. 8). [C.O. 153,
12. p. 3.]
44. Lt. Governor Bennett to [? the Earl of Dartmouth].
Repeats March 15. Inclosed are two affidts. relateing to the
designs of the French upon this country, which occasioned an
embargo for two months, and I believe would have been put
in execution, had not our men of war last winter had the good
success to take their fleet of ammunition and provision snipes
bound to Martinique, whereby it's concluded they were incapassi-
tated to forward that intent. As for the consequences I fear will
happen if these islands were in the hands of the French etc.,
I refer to my letters of June 22, and Oct. 26, 1711 ; and doe pray
consideration may be had on that part concerning makeing my
company up 100 men, and if another company were ordered
here it would doe well, verily believeing and concludeing the
French have resolved to attempt this country. Also inclosed
is a letter found (amongst many others) on board a French ship
bound to Nantes of about 100 tuns, 8 guns and 20 men, taken
on the 19th of July past near the west end of these Islands by
a privateer fitted out here, to which letter (the cover whereon
to whom directed being some way lost, but remember it to
have been to a Secretary of State) I desire to refer your Lordp.
for further information. The ship made prize came from Martin-
ique on the 2nd of the last month in company with the seven
French men of war mentioned in said letter, and 16 privateer
vessells, haveing 1000 soldiers on board, which with the privateers,
could on occasion land 3000 men. On the 6th about midnight
they were off of Antigua designing to steal a landing, but being
discovered and the sea running high, they in the morning stood
away and went for Mounserat, and after being three days in
sight of that Island landed (but what opposition was made I
have not heard). The inhabitants retired to the Dodan, which
I am told is a secure strong place, and provision sufficient for
AMERICA AND WEST INDIES. 29
1712.
the people and their slaves for some months. By advice from
Barbados I understand, that six men of war were gone from thence
to Antigua to joyn four more, with intent to attack the French
fleet at Mountseratt, etc. Signed, Ben. Bennett. Endorsed,
R. Nov. 20. Holograph. 2 pp. Enclosed,
44. i. Deposition of William Be veil of Liverpool, mariner
and James Brooke, mariner, St. Kitts, Aug. 9, 1712.
Duplicate of No. 33. ii. 1 p.
44. ii. Deposition of John Shattock, mariner, Bermuda,
April 21, 1712. A Frenchman at St. Thomas' informed
deponent in March that the French intended to fit out
a fleet at Martinique, Guardalupe and St. Domingo
and to take Bermuda by surprize. Signed, John
Shattock. 1 p.
44. iii. Deposition of William Cherittoe, Bermuda, Aug. 15,
1712. Deponent heard at Thomas' four or five weeks
ago that the French were preparing at Martinique, 13
or 14 sail of privateer vessels, and 4 or 5 men of warr
to take Bermuda. Signed, Wm. Cherittoe, his mark.
Copy. 1 p. [C.O. 37, 28. Nos. 12, 12 i.-iii.]
Aug. 16. 45. Governor Lowther to the Council of Trade and
Barbados. Plantations. Refers to letter of May 28 ; " since which I have
not had the honour to receive any commands from you. The
Council and Assembly have had a great dispute about the Excise
Bill, I did all I could to accomodate the matter, but some here
aim at nothing less than to make themselves an independent
people, and to that end endeavour all they can to divest the
administration here of all the Queen's power and authority and
to lodge it in the Assembly, this project hath been a long time on
foot and a great progress hath been made in it, for they have
extorted so many powers from my predecessors, that there is
now hardly enough left to keep the peace, much less to maintain
the decent respect and regard that is due to the Queen's servant.
I only now take the liberty to hint these thinges to your Lord-
shipes, but if you have a mind to be thoroughly satisfy 'd of
them, I shall upon the least intimation lay these matters very
fully before you. I have already inform'd your Lordshipes of
the reasons that prevail'd upon me to suspend Mr. Carter from
practicing the Law ; as also that I gave him to understand by
Col. Barwick and some others that I would restore him, provided
he would acknowledge his fault and make his submission, but he
hath never yet thought fit to do it, but now intends as I am
informed to apply to H.M. to take off his suspension. I shall
only add, that if such incendiaries are countenanc'd and encour-
ag'd, instead of being punished, it's then not improbable that
such a tragedy may be acted here as was lately at Antegoa.
I hope your Lordshipes will be satisfy 'd upon perusing the
Minutes of Council that I did all that laid in my power to prevent
the enemy from invading any of H.M. Leeward Islands : I shall
make no remarkes at this time upon the conduct of any of the
Commanders of H.M. shipes, but intirely submit the matter to
30
COLONIAL PAPERS.
1712.
your Lordshipes, you having all the matters of fact before you
(in the inclosed Minutes of Council). P.S. Mr. Barwick presented
me the inclosed petition in relation to Mr. Skene since I had writ
this letter : your Lordshipes will observe that he prayes that I
will represent the contentes home to England, that H.M. interest
may no longer suffer by the said Skene," etc. Signed, Rob.
Lowther. Endorsed, Reed. Nov. 13, 1712, Read July 17th, 1713.
Holograph. If pp. Enclosed,
45. i. Account of Stores of War, Barbados, June 2, 1712.
Signed, Wm. Leslie. Same endorsement. 1 large p.
45. ii. Account of Christenings and Burials, Clergy and School-
masters in the several parishes of Barbados, June 22,
1711-1712. Totals : Christenings, 449; Burials, 352;
Schoolmasters, 46. Same endorsement. 1 p.
45. iii. Account of Negroes imported into Barbados June 22,
1711-1712. Separate traders, 492 ; Royal African
Company, 161. Same endorsement. \p.
45. iv. Account of arms and ammunition in the several
divisions of Barbados, Aug. 1st, 1712. Same endorse-
ment. 1 p.
45. v. List of inhabitants of Barbados, by parishes. Totals :
Number of Plantations, 1309 ; White men, 3537 ;
women, 3529 ; children, 5462 ; white men fit to bear
arms, 3438 ; negro slaves, 41,970 ; horses, 2471.
Same endorsement. 1 p.
45. vi. Account of prizes and seizures in the Court of Admir-
alty, Barbados, June 1711 July, 1712. 21 ships (17
French prizes, 1 Spanish). Signed, Stephen Alexander,
Register Cur. Adm. Same endorsement. 2 pp.
45. vii. Copy of Deposition of Wm. Leslie, Keeper of the Stores,
Sept. 6, 1712. Deponent was informed of an order
from the Governor, July 16th, to Capt. Archibald
Hamilton, H.M.S. Woolwich, for stores of war, which
deponent waited to give him, but he sailed without
ever sending for them, etc. Same endorsement. 1 p.
45. viii. Petition of Samuel Barwick to Governor Lowther.
Alexander Skeene went off the Island contrary to law
and unknown to petitioner owing him 129 1,9. 8d. out of
329 Is. 8d. decreed by the Court of Exchequer in H.M.
v. Skeene. Prays that the matter be represented home
and Skeene obliged to give good security there for
payment of the balance with costs. Signed, Saml.
Barwick. Same endorsement. 1 p. [C.O. 28, 14. Nos.
2, 2 i.-viii. ; and (without enclosures) 29, 13. pp. 53-57.]
Aug. 17. 46. Mr. Tucker to Erasmus Lewis. Asks for the post of
Liliingston- Secretary or Ensign for his kinsman in Bermuda, etc. Signed,
Dayrell. j Tucker j p ^ Q 3^ 2 8. No. 13.]
[Aug.] 17.
Fulham.
47. Bishop of London to Mr. Popple. I do entirely approve
of their Lordships' choice, etc. (i.e. of Councillors for New Jersey ?)
v. No. 41. Signed, H. London. Endorsed, Reed. 17th, Read
AMERICA AND WEST INDIES.
31
1712.
26th Aug., 1712. Addressed. % p. [C.O. 5, 970. No. 162 ;
and 5, 995. p. 163.]
[Aug. 18.] 48. Copy of Mr. Skene's Patent as Secretary of Barbados,
May 8, 1702. Endorsed, Reed. Read Aug. 18, 1712. 2| pp.
[C.O. 28, 13. No. 94.]
Aug. 21. 49. The Earl of Dartmouth to the Council of Trade and
Whitehall. Plantations. The Queen is very much surprised to find that
several of her subjects have been lately sent hither in custody
from the Plantations without any evidence of their crimes, which
as it is a practice very injurious to the particular persons who fall
under the misfortune, it is likewise very derogatory to the honour
of H.M. Government ; I am therefore commanded to signify
H.M. pleasure to you that the several Governours of her Colonys
in America be ordered not to send any of her people hither as
prisoners, without transmitting at the same time full proofs of
their guilt. Signed, Dartmouth. Endorsed, Reed. 24th, Read
26th Augt., 1712. 1 p. [C.O. 137, 9. No. 69 ; and 138, 13.
p. 397.]
Aug. 21.
Whitehall.
Aug. 21.
Whitehall.
Aug. 23.
Barcelona.
50. Circular letter from the Earl of Dartmouth to Governors
Hunter, Dudley, Spotswood, Bennet, Lowther, Douglas, and the
President of the Council of Maryland and the Commander in
Chief at Newfoundland.
At the same time that I transmit to you H.M. Proclamation
for observance of the truce she has thought fit to conclude with
the French King, it is necessary I should acquaint you that it is
not to take effect beyond the Line til six months to be computed
from the 8th inst. It is hoped however that such a form of passes
will soon be settled on both sides as may intirely remove that
difficulty, and as the encouragement of commerce is the chief
concern of the Plantacons you govern, I cannot doubt but you
will take all imaginable care to see the cessation of hostilitys
duely complyed with. H.M. has likewise commanded me to
signify her pleasure to you that none of her subjects be hereafter
sent prisoners from the Plantations to Great Britain unless
sufficient proof of their crimes is sent at the same time. Signed,
Dartmouth. Mem. The foregoing letters and that to Lord A.
Hamilton were carryed to the Admiralty on Aug. 22, to be sent
by a frigat bound to New York. [C.O. 324, 32. pp. 166, 167.]
51. The Earl of Dartmouth to Governor Lord A. Hamilton.
Circular letter as above. Concludes : I have receiv'd your
Lordship's letter concerning David Creagh, whom I have put
into the custody of a messenger, but he is forthwith to be bailed
out, for want of affidavits or other legal evidence against him.
Signed, Dartmouth. [C.O. 324, 32. p. 168.]
52. John Roope to Mr. Popple. I have much to say for
the benefit of the Newfoundland trade etc. on my return, etc.
32 COLONIAL PAPERS.
1712.
Signed, John Roope. Endorsed, Reed. Dec. 6th, Read Jan. 21,
1712 (13). Addressed. 1 p. [C.O. 194, 5. No. 19.]
Aug. 23. 53. Deposition of Edwd. Chester, Senr. On Dec. 6th, 1710,
the day before Governor Parke was killed, Thomas Kerby late
Secretary of Antego did in deponent's presence endeavour to
dissuade Capt. John Pigott who was killed the same day with the
Generall, from making any attempt to apprehend the said Generall
in order to send him off the Island, etc. Copy. [C.O. 324, 32.
p. 170.]
Aug. 23. 54. Deposition of Edward Byam. Thomas Kerby attended
deponent and some other members of the Council of Antego
who mett Dec. 7, 1710, in order to prepare and sign an address
to Genii. Parke before the conflict arose, and did stay with the
Council and take a copy of the said address with what else he
was directed to during their meeting, which continued untill
the inhabitants began to march towards Gen. Parke's house.
Deponent has known Kerby for many years and hath observed
him upon all occasions to be zealously affected to H.M. Govern-
ment, respectful to Governors, and never suspected of being a
contriver of the late insurrection, etc. Copy. [C.O. 324, 32.
pp. 171-173.]
Aug. 23. 55. Sir John St. Leger to Mr. Popple. Encloses following,
Inner Temple. " transmitted to me by Mr. Douglas." All the public papers of
the Leeward Islands were lost in the Bristol galley etc. (v. July
25). In the said packet soe lost, there was a state of the Leeward
Islands directed to the Council of Trade, etc. Signed., John St.
Leger. Endorsed, Reed. Aug. 24th, 1712, Read July 14, 1713.
Addressed. 1 p. Enclosed,
55. i. Account of negroes imported to Antegoa, May 1, 1711-
1712. Total, 1008 in 4 ships. Signed, Richd. Buck-
eridge, Collr. Endorsed as preceding. 1 p.
55. ii.-vii. Account of powder and stores of war, Antigua,
April 29, 1712. Signed, John Brett. Same endorse-
ment. 8 pp.
55. viii. Proceedings in the Court of Chancery, Antigua,
Jan. 14- June 2, 1712. Same endorsement. Copy. 18
pp.
55. ix. Proceedings of the Courts of Queen's Bench and
Common Pleas, Antigua, 1712. Same endorsement.
Copy. 41 pp.
55. x. Answer to several articles in Major Douglas' Instruc-
tions, (a) A complete digest of the laws in force
through these Islands would prove a work of more
trouble and charge in the present unsettled circumstances
then could be speedily complyed withall, and of the
more difficulty in regarde it is uncertaine what acts
are in force, disputes frequently ariseing thereupon as
well in the Courts of Common Pleas as other wayes.
I doe not conceive it possible to be done untill I can
AMERICA AND WEST INDIES. 33
1712.
prevail to have the Acts supervised by a Committee
of able and discreet persons and a law made to declare
those that are in force. (6) (No. 54). Relating to
Courts, establishments, they are all the most plainly
mentioned in the Act of 1698, for establishing of Courts,
etc. (c) (No. 55). The established tables of fees
(quoted] are those of the Chief Justice, settled Jan. 20,
1701 (v. Minutes of Council) ; and of the Marshall
and Secretary, settled Jan. 31, 1703 (v. Minutes of
Council), (d) List of inhabitants of Antigua, 1711
(by divisions). Totals, families 758 ; women 794 ;
children, 1131 ; men fitt to bear arms, 929 ; negroes
11,838. (e) Christenings and burials, Antigua, March
25, 1711-1712. Parish of St. Johns, baptised 42,
buried 32 ; St. Peters, baptised 21, buried 13 ; St.
Pauls, baptised 15, buried 1 ; St. Marys, baptised 5,
buried 3. (/) Several accounts of stores of war have
been lately transmitted etc. (g) Since the late Act of
Courts has had such very hapy results in encourageing
all merchants etc., it's humbly hoped it will receive their
Lordships' approbation, and that the supplementary
Act may be dissalowed. Same endorsement. 12 pp.
55. xi. Abstract of exports and imports, Antigua, May 1st-
Aug. 1st, 1712. Ships, Great Britain 23, Plantations,
11. Exports; Brown Sugar; Great Britain, 2142
hhds., 2849 tierces, 521 barrels, 1080 kilderkins ; Plant-
ations, 6 hhds., 12 tierces, 3 barrels, 68 kilderkins.
Cotton, Great Britain, 377 bags, 805 pockets ; Planta-
tions, 6 bags, 26 pockets. Lignum vita, Great Britain,
1439 sticks, 18 tuns ; Plantations, 94 sticks, 2 tuns.
Ginger, Great Britain, 445 bags, 2 tierces. Rum, Plan-
tations, 12 pipes, 56 hhds., 70 tierces, 18 barrels, 11
kilderkins. Molosses, Great Britain, 147 hhds. 81 tierces ;
Plantations, 473 hhds., 215 tierces, 4 barrels, 18 kilder-
kins.
Imports are said to be dry goods, liquors, provisions,
wines, lumber, horses, candles, bricks, flower, train
oyle, fish, and sheep. Same endorsement. 1 p.
55. xii. Duplicate (with some variations) of No. viii. [C.O.
152, 10. Nos. 1, 1 i.-xii. ; and (without enclosures), 153,
12. pp. 87-93.]
Aug. 24. 56. Brigadier-General Hill to the Earl of Dartmouth. I
Dunkerque. have received a letter from Mr. Vane, the Ingenier I appointed
last year to the Garrison of Annapolis, concerning some un-
warrantable practices of Col. Vetch, the present Governour of
that Fort, of which letter I humbly conceived it for H.M. service
to send you the inclosed copy. Signed, J. Hill. 1 p. Enclosed.
56. i. Extract of letter from Mr. Vane to Brigadier General
Hill, Annapolis, May 5, 1712. A repetition of the
charges v. Col. Vetch, v. C.S.P. 1711-12, No. 403. l pp.
[C.O. 217, 31. Nos. 8, 8 i.]
Wt, 5622. C.P. 3.
34 COLONIAL PAPERS.
1712.
Aug. 25. 57. Governor Douglas to the Council of Trade and Plant-
Antegoa. ations. When the French returned from Montserratt to Guarda-
loupe they had a man of warr of 40 guns, a brigantine and two
sloops stranded. They continued there some time to divide
their plunder (which was of very small value to them) and take
care of their sick men, they afterwards sailed with eight large
ships and six or seven sloops towards the windward of this
Island and continued standing off and on untill the 17th inst.,
and we have been cantonned in little encampments untill the
24th inst. at which time the Act for encamping (not allowing
Martial Law, nor the articles of warr to be in force) is expired,
the Assembly taking upon them to intermeddle in several affairs
where they can make out no priviledge nor precedent, yet the
immediate defence of the Island oblidges me to condescend to
some comply ances, especially where the safety of the Island
requires labour and expence. for the very least idle and false
report is like to shake their constancy tho' their all is at stake ;
and affairs must needs continue unsettled untill some of the
chief promoters of the late rebellion have suffered condign
punishment and some others of the most guilty and seditious
corrected and restrained. It is almost incredible to believe
how small a number of white men there are in the island (and in
great want of good small arms) which besides the effects of their
heats and divisions is very much occasioned by their neglect of
having their due proportion of white servants to the number
of slaves, and their possessing larger tracts of land than they
are perfectly able to improve ; I am very sensible of the unlucky
accident which hindered the sending arms, accoutrements and
cloaths for H.M. Regiment in these parts, there was about 20
arms taken up for them on the country's account and still 12 or
14 men are unprovided of the 150 serviceable men belonging
to the six company s in this Island, the private men suffering
extreamly by their being turned out of quarters by every caprice
of the Assembly, and no subsistance being remitted from Great
Britain. By a Flagg of Truce which I sent with some prisoners
and to gain some intelligence, to Martinique I find by publick
and private advices that Monsieur du Guay is daily expected
with 15 men of warr to attack Barbadoes and that Monsieur
Cassaert still intends to try to destroy this and the other Leeward
Islands and at present wee guess from our spy boats that he
lyes in wait for the Fleet from Barbadoes of which reports I
have sent advice to Barbadoes and to desire the Governor would
again endeavour to get these six men of warr to our assistance
and to joine our convoy of two men of warr to carry both the
fleets from Barbadoes and these Islands with the greater safety.
I am however in very good hopes these flourishing Colonys will
never fall a prey to a barbarous French piraticall warr, and
carryed on by the charge of private persons, while we are in daily
expectation to have the happy news of a general Peace from
Europe, and that if there are but 100 men left in this Island the
sovereignty and possession will never be lost to H.M. etc. P.S.
Tho' Monsr. Phelypeaux seems to disown his giving assistance or
AMERICA AND WEST INDIES. 35
1712.
encouragement to these robbing private expeditions, yet consider-
ing ye manifold inconveniencies (which I have humbly repre-
sented to your Lordships on another occasion) and vast charges
the cartell with Martinique has cost these Islands, I proposed in
Councill to break it, which was opposed by a majority upon our
hopes of a speedy Peace. Signed, Walter Douglas. Endorsed,
Reed. 29th, Read 31st Oct., 1712. 3 pp. Enclosed,
57. i. Copies of Major Douglas' Proclamations and Orders,
upon the occasion of the French invasion of Montserrat,
Aug. 1712. Endorsed, Reed. 29th Oct. 1712. 8 pp.
57. ii. Journal of Major Douglas' attempt to relieve Mont-
serrat, July 17-Aug. 13, 1712. v. supra. Endorsed as
preceding. If pp.
57. iii. Copy of Minutes of Council of Barbados relating to
assistance to be sent to the Leeward Islands, July 14,
1712. Same endorsement. 4 pp.
57. iv. Correspondence between Governor Lowther and the
Captains of the men of war at Barbados relating to
assistance for the Leeward Islands. Aug. 24, 1712.
etc. Same endorsement. Copy. 2 pp.
57. v. Letters to Major Douglas from A. Hamilton and Charles
Constable, Captains of the Barbados men of war, July
17th and 20th, 1712. Copy. Same endorsement. 2| pp.
57. vi. Two Letters from the Governor and Council of the
Leeward Islands to Capt. Constable, requesting him to
stay for 15 days with the ships under his command,
to protect the Leeward Islands, their preservation
being of more importance than the delay of the trade
he has to convoy from Barbados, (v. Oct. 10 etc.)
Copy. Same endorsement. 2| pp.
57. vii. Edward Parson to Governor Douglas. Aug. 2, 1712.
Returns thanks to H. E. for granting him the commission
to be Commander in Chief of [Montserrat}, Continues :
though had rather much had been a commission to be
Lt. Governor, because would entitle me to the Queen's
pay. I have used all my endeavours hitherto to put
our Island in a posture of defence, and mounted some
great guns, some whereof are not spiked and those that
are have given orders to be drilled and this day am
mounting the guards through the Island. I am very
sorry to hear that our Island has been misrepresented
to your Excy. and that by our Commander in Chief
Col. Daly, who ought to have blam'd his own conduct,
than found fault with the courage of the men in generall
of the Island etc. The Island in generall behaved them-
selves very well. Wee always annoyed the enemy in
several parties, and whenever I had the honour to
command myself or other officers ; I did not find but
a very willing forwardness. The enemy were so appre-
hensive of us, that wherever 300 men were capable of
maintaining a pass against 3000, they never came but
always surrounded us by taking distant passes and
36
COLONIAL PAPERS.
1712.
Aug. 25.
Antegoa.
Aug. 26.
Whitehal.
byways, which we could not fortify by reason had not
men enough ; which ways moreover we were the more
unwilling to fortify, because we thought them unknown to
the enemy, but found to the contrary, for our deserters
headed their army and carried them through those
unknown bypasses. Notwithstanding, when we were
forc't to retreat to our last places of defence, we were
so resolved to defend it to the last ; that although the
French General Cassaert would give us extraordinary
articles of capitulation, we answered him we were
resolved to maintain H.M. Colony to the last extremity,
by which means a few men to the number of 400 have
preserved the sovereignty of H.M. Island from a power-
full enemy, etc. We want two sheets of lead and five
barrills of powder, etc. P.S. If Capt. Marshall's com-
pany will be serviceable to you, your Excellency may
remove them ; for our people are unwilling to give
them quarters, and men can't live upon the air.
Signed, Edward Parson. Same endorsement. Copy.
2 pp. [C.O. 152, 9. Nos. 135, 135 i.-vii. ; and (with-
out enclosures) 153, 12. pp. 35-40.]
58. Governor Douglas to [? the Earl of Dartmouth.] Duplicate
of preceding covering letter. [C.O. 152, 42. No. 88.]
59. Council of Trade and Plantations to the Earl of Dart-
mouth. In obedience to H.M. commands of 21st instant, we
shal immediately write to all the Governors of the Plantations
(v. Aug. 27). Autograph signatures. 1 p. Enclosed,
59. i. Extract of letter from Governor Lord A. Hamilton,
giving his reasons why the evidence against Mr. Creagh
are not yet sent over, etc. [C.O. 5, 4. Nos. 4, 4 i. ;
and (without enclosure) 138, 13. p. 398.]
Aug. 26.
Whitehall.
60. Mr. Popple to Mr. Attorney General. The Council of
Trade desire your opinion upon enclosed Act past in Virginia
in 1711 to enable John Custis and Frances his wife to sell a mill
etc. entailed on the said Frances by the will of Daniel Parke, for
payment of his debts, etc. Encloses memorial from Micajah
Perry praying that it may be passed. [C.O. 5, 1363. p. 412 ;
and 5, 1335. No. 175.]
Aug. 27.
Whitehall.
Aug. 27.
Whitehall.
61 . Council of Trade and Plantations to the Queen. Recom-
mend repeal of Act of Barbados enabling the executors of Christo-
pher Estwick, etc. (v. April 26.) [C.O. 29, 12. p. 437.]
62. Council of Trade and Plantations to Col. Lloyd, President
of the Council of Maryland. H.M. is very much surpriz'd to
find that several of her subjects have been lately sent hither in
custody from the Plantations, without any evidence of their
primes, which as it is a practice very injurious to the particular
AMERICA AND WEST INDIES.
37
1712.
persons who fall under the misfortune, it is likewise very deroga-
tory to the honour of H.M. Government ; and therefore we are
commanded to signify H.M. pleasure that you do not upon any
occasion send any of her subjects hither as prisoners, without
good proof first made of the crime, and that proof transmitted
along with the prisoner. [C.O. 5, 727. pp. 315, 316.]
Aug. 27.
Whitehall.
63. Similar letters to Lt. Governor Spotswood ; Governor
Dudley ; Governor Hunter ; Governor Douglas ; Governor
Lowther ; Governor Lord A. Hamilton ; the Lords Proprietors
of Carolina; and Lt. Governor Bennett. [C.O. 5, 1363. p. 413 ;
and 5, 1335. No. 176 ; 5, 913. p. 379 ; 5, 1123. p. 59 ; 153, 12.
pp. 7, 8 ; 29, 12. p. 438 ; 138, 13. p. 399 ; 5, 1292. p. 374 ;
and 37, 8. p. 37.]
Aug. 27. 64. Council of Trade and Plantations to the Earl of Dart-
Whitehall, mouth. Enclose extract of Governor Hunter's letter of June 23,
relating to the conspiracy of negroes at New York. We are of
opinion that the Governor had good reason for his granting the
reprieve, and humbly offer that H.M. be graciously pleased to
grant a pardon to the negro and Spanish Indians. Enclose
accounts of stores of war remaining and wanting in the Province
of New York. We desire your Lordship will please to lay them
before H.M., with our humble opinion, that H.M. be graciously
pleased to direct, that a supply of the stores wanting there, be
sent by the first opportunity, and the rather for that Col. Hunter
informs us, that the war between North Carolina and the Tuscoruro
Indians is like to embroil all the Continent, that the five Nations
of New York Indians, by the instigation of the French, had
threaten'd to joyn with the said Tuscoruro Indians. [C.O. 5,
1123. pp. 57, 58.]
Aug. 27.
Whitehall.
65. Council of Trade and Plantations to the Queen. Quote
Governor Hunter's complaints against Wm. Pinhorn, Daniel
Cox, Peter Sonmans, and Wm. Hall. Several of the most
considerable of the Proprietors of that Province having also
attended us with complaints against them, praying that they^
may be removed, we humbly offer that your Majesty dismiss
them from the Council of New Jersey, and that John Anderson,
William Morris, John Hamilton, and John Beading, recommended
to us both by the Governor and the Proprietors, be appointed
members thereof. There being besides two vacancies in that
Councill, we humbly offer that your Majesty be pleas'd to con-
stitute and appoint Elisha Parker, and Thomas Byerly members,
they having been also recommended to us by the Governor and
Proprietors. [C.O. 5, 995. pp. 163-166.]
Aug. 28. 66. Circular letter from the Earl of Dartmouth to the Gov-
Whitehall. ernors of Plantations. In my letter of the 21st inst. I enclosed
the Queen's Proclamation for observance of the truce H.M. had
38
COLONIAL PAPERS.
1712.
Aug. 28.
Whitehall.
Aug. 29.
Whitehal.
Aug. 29.
Barbado.
concluded with the most Christian King, by the fourth article
whereof it is agreed that Spain should be included in that agree-
ment ; I am now therefore to repeat to you H.M. commands that
you give strict orders throughout all places under your Govern-
ment, and notify likewise to the Commanders of H.M. ships or
privateers who happen to come into your ports, that all hostilitys
are to cease and the subjects of France and Spain not to be
molested either in their persons or effects during the term the
Treaty is in force, vizt. to the 21st Deer, next, but in regard it
does not take place beyond the line till Feb. 21st, it is to enjoy
its full effect in those parts till June 21st, 1713. I am farther to
acquaint you that H.M. having thought fitt to grant her passes
to severall French and Spanish ships, you are to take all imagin-
able care, as far as lies in you, that they be respected, H.M. not
doubting but those which have been granted to her subjects by
the Most Christian King, will be likewise duly observed. [C.O.
324, 32. pp. 173, 174.]
67. Mr. Popple to Coll. Cuninghame. Acknowledges letters
of April 30 and July 2. Continues /The Council of Trade and
Plantations have laid your complaint before H.M., and will not
omit anything that lys in their power for your releif. [C.O. 153,
12. p. 9.]
68. Lord Bolingbroke to the Council of Trade and Plant-
ations. Mr. Prior being ordered by H.M. to continue some
time at the Court of France, and having desired that Mr. Drift
(v. Jan. 31) may attend him, I hope you will be pleased to dispence
with his absence on this occasion. Signed, Bolingbroke. Endorsed,,
Reed. Aug. 30, 1712. 1 p. [C.O. 1388, 76. No. 137 ; and 389,
37. p. 50.]
69. Governor Lowther to the Council of Trade and Plant-
ations. I am extreamly sorry to acquaint your Lordships
yt. Monsieur Cassert landed about 3500 men at Montsieurat
on the 8th and 9th of July last, and did carry away about 1200
negroes besides coppers, stills and other valuable things ; his
force in shipping as I am informed consisted of one ship of 64
guns, one of 56, one of 54, two of 44, one 38, and one of 28. This
great misfortune in my opinion is owing in all probability to the
conduct of some of the Commanders of H.M. ships. But in
regard those gentlemen do in some measure excuse themselves
by endeavouring to asperse and misrepresent that part I have
acted in the matter, I therefore hope your Lordships will suffer
me to give you a full and faithful! narrative of what concerns
me and of what hath come within my knowledge, etc. Ye
fleet from London arriv'd in Carlisle Bay June 22nd, under
convoy of the Woolwich, Lime and Swallow, and there were
then in Carlisle Bay H.M.S. Panther and Burlington. But Mr.
Constable and Clark, the Commanders of the said ships did
not continue long in the road after the arrival of the London
fleet, for instead of staying to protect the fleet, and of fitting
AMERICA AND WEST INDIES. 39
1712.
themselves in order to convoy back the sd. fleet to London, they
left the Island without haveing my orders or without giving me
any notice of it, and did not return to Barbados till July 14th.
On ye 13th of July last between the hours of 9 and 10 in the morn-
ing I received a letter by an express boat from the Generall
of the Leward Islands, dated the 9th of July, wherein he informed
me yt. Antegoa was alarm'd on the 4th of July last by the
appearance of a great number of ships from Guardeloope standing
for Antegoa, and therefore desired that I would dispatch H.M.
ships yt. were here to his assistance. This letter is entered at
large in the Minutes of Council herewith sent. Upon the receipt
of this letter, I immediatly sent for Capt. Hamilton, Commander
of H.M.S. the Woolwich, and communicated to him the said
letter, and then gave him orders to gett his own ship, as also
those under his command in readiness forthwith, and to make
the best of his way to the Island of Antegoa for the releif of that,
and the rest of the Leward Islands. I also issued a warrant for
the takeing up all deserters, and stragling sailors, to be put on
board H.M. ships. I likewise laid an embargo upon all mercht.
ships and other vessells. On the 14th of July last Capt. Constable
and Clark arriv'd in Carlisle Bay with H.M.S. the Panther and
Burlington, and about 10 a'clock in the morning Mr. Constable
sent me a letter dated the 14th of July, wherein he informed
me yt. on the 2nd of July last, he saw off of Guardeloope 10 ships,
and that the Burlington and he chaced them till they found yt.
five of them were larger than themselves, and yt. then the French
ships chaced for about two hours, and yt. when they left them
they saw four more, which the others went in order to joyne ;
he adds yt. on Sunday following a ship came directly towards
him, wch. he chaced for some time, and then left off ; but the
boat happened to break from the stern of that ship wch. he chaced,
and ye two persons yt. were in it informed him, yt. the ship they
belonged to was the Valuer of 44 guns, as also yt. ye ships he
had seen were seaven of them men of war, from 56 to 76 guns.
This letter is incerted at large in the Minutes of Council, I there-
fore beg leave to refer yr. Lordships to it. Mr. Hamilton was
as yet in the road. I therefore immediatly communicated the
said letter to him, and desired him to hold a Council of war with
the Commanders of H.M. ships upon the advice I had received
from General Douglas, and the letter I reced. from Mr. Constable,
and to signe their opinions, and to attend me in Council at four
a clock in the afternoon being the 14th of July. I also upon the
receipt of ye said letter from Mr. Constable caused an alarm
to be put about ; I also directed the Council to meet me at 4
a clock in ye afternoon of the same day, and ordered all the
Masters of mercht. men to attend me at the same time. There
was not a quorum of the Council till it was five a clock, but the
Capts. of H.M. ships came to my house about four a clock the
said afternoon, and Mr. Hamilton delivered me the opinion of
the Councill of war, to wch. I refer, it being entered in the Minutes
of Councill : before the Councill sat I had some conversation
with the Commanders of H.M. ships concerning ye strength of
40 COLONIAL PAPERS.
1712.
the enemy, and abt. their goeing clown to the relief of the Leeward
Islands : upon wch. some Gentlemen very much magnified the
enemy's strength, and talked much of the largeness of their
ships, and of their being double mann'd : whereupon I told them
that when they six were joyned with the four men of war yt.
were at Antegoa, they would be strong enough to encounter the
enemy ; upon this Capt. Elford asked me if I knew what a
seaventy gun ship was, and further said yt. he must tell me yt.
one seaventy gun ship was better than two fifty gun ships. Upon
this I asked him his reason for asking me that question, to wch.
he answered because I had never been much at sea, to this I only
replied yt. tho' a man had never been much at sea, yet he might
easily know what a 70 gun ship was, whereupon he answered in a
very disdainfull manner, yt. he knew what he said, for he was
only talking to the Governor of Barbados ; as he was proceeding
in this kind of rude discourse yt. was nothing to the purpose,
I bid him hold his tongue, and some smal time after I went into
another room to discourse with some gentlemen I had sent for :
whereupon Capt. Constable, Clarke and Elford went their ways
without takeing any further notice of me, or staying to consult
with the Councill and myself upon the relief of the Leward
Islands. A quorum of the Council met according to summons
abt. 5 a clock in the afternoon, and after I had acquainted them
with the cause of their being summoned, I laid before them
Generall Douglas's letter, Mr. Constable's letter, as likewise the
opinion of the Council of war, etc. I also laid before the Council
a letter I received from Generall Douglas at 4 a clock this afternoon
(by a second advice boat) dated July 9th, 1712. Hereupon it
was the unanimous opinion of the board yt. all H.M. ships now in
Carlisle Bay should forthwith go down to the relief of the Leeward
Islands ; after the Board had come to this resolution the Captains
were desired to come into the Council Chamber, but none appeared
but Capt. Hamilton, Gunman and Drake. I acquainted them
with the Board's opinion, and then Mr. Hamilton laid before the
Board a letter he had received from Mr. Constable dated July
14, 1712, wch. was read, and ordered to be entred in the Minutes
of Council, after wch. Mr. Hamilton, Gunman, and Drake declared
yt. it was their opinion if the six men of war here should
joyne those at Antegoa with the addition of 400 seamen, they
might divert the enemy, if not do better service ; but that their
three ships alone could not possibly do any good, but would be
made a sacrifice : after this declaration they withdrew, and then
I ordered all the masters of the mercht. men to be called in, and I
informed them of the French's attacking Montsieurat, and wt.
danger H.M. Leward Islands were in, and yt. it was the opinion
of the Board, yt. all H.M. ships now in Carlisle Bay should go
to the releif of the Leward Islands, and I desired yt. they would
lend the said men of warr 400 seamen out of the 632 yt. were on
board their ships ; but most of them refused to lend any of their
men ; only Mr. Gill, commander of the John galley, and Capt.
John Wilkinson, commander of the ship Sea-nymph offered to
lend their ships for the service. When the Captains of the
AMERICA AND WEST INDIES. 41
1712.
mercht. men were withdrawn, I told the Council I would go down
in person to the assistance of ye Leward Islands, if I could gett
a sufficient number of the gentlemen and inhabitants of this
Island to attend me, and for that end I had caused an alarm to
be put about the sooner to know the inclinations of the people
touching this proposition, after this I ordered the several aide-de-
campes to be called in, and ordered them to repair forthwith to
the severall forts where the forces were mett, and to acquaint
them yt. H.M. Leward Islands were attacked by the French,
and yt. unless they had speedy releif, they would be utterly
ruined, and that therefore I would go in person agt. the enemy
provided I could get a sufficient number of the gentlemen and
other inhabitants of this Island to go with me, and yt. for this
reason I had ordered an alarm to be put about this day, in order
to communicate this matter to them, and to require their assist-
ance, and yt. if any of them were inclinable to attend me, I should
take it as a great favour, and that they must be ready by twelve
a clock to-morrow in the forenoon at Needham's Fort, in order
to embarque on board the six men of war in this road, and the
two mercht. ships ; after the several aide-de-campes were charged
with these orders Capt. Hamilton was called into the Council
Chamber, and I communicated to him my intentions of going
to the Leward Islands, and acquainted him with the orders I
had given the aid-de-campes, whereupon he told me he had no
room to accomo'date any such persons, for yt. his ship was very
much pestered ; I was therefore (upon this and the reluctancy
the other Commanders of H.M. ships had shewen) obliged to
recall the orders I had given the aid-de-campes and to content
myself at that time with directing the Provost-Marshall to go
early the next morning on board the severall mercht. ships and
vessells and to desire the severall commanders thereof to give
him in a list of what men they could spare, yt. he might carry the
same to Capt. Hamilton to make a distribucon thereof on board
the severall men of war ; I likewise sent my Secretary Mr. Upton
upon the same errand, and gave out warrts. to take up all stragling
seamen ; I also laid another embargo upon shipping. This
was ye utmost I could possibly do, since I had no power to press
seamen out of the mercht. ships ; therefore on July 15th at
12 a clock at noon, I sent my Secretary with orders to Capt.
Hamilton to gett his own ship, and all H.M. ships of war then
rideing at anchor in Carlisle Bay forthwith in readiness to saile,
and to proceed with all speed to ye Island of Antegoa, and there
to joyne with H.M. ships of war attending yt. Govermt., and to
do all they could to protect those Islands and destroy the enemy,
and yt. after he apprehended those Islands were out of danger,
then to return to Carlisle Bay and to lay before me a journal! of
his proceedings ; I likewise directed him to give Capt. Constable
a copy of those orders (entered in Minutes of Council). After
Mr. Hamilton had received these orders, he putt on an air of
alacrity of going to the assistance of the Leward Islands, but at
the same time pretended he could not tell what measures to
take till he knew whether I could supply H.M. ships with 400
42 COLONIAL PAPERS.
1712.
seamen, hereby he would not only have suggested yt. he was
ignorant of wt. power I had, but also of the endeavours I had
used to procure the said men ; as to the first of these I informed
him but the Sunday before yt. I had no power to press seamen
out of the merchts'. ships, as to the other part my actions were
so publick yt. none in the Island was ignorant of them, another
pertence of delay was that he wanted powder, arms and ammuni-
tion, but did not inform me wt. quantity he wanted. In answer
to this I gave him to understand yt. he should be forthwith
supplied with any stores he wanted so soon as I knew what
quantity of each species he stood in need of, upon this he made a
demand of fusees, swords, powder, smal shot etc. and I immedi-
ately gave Col. Lasley the store-keeper an order to supply him
with the said arms, and stores. Col. Lasley immediately got
the same ready, and sent Mr. Hamilton word thereof who returned
answer yt. he would forthwith come and fetch them, but instead
thereof caused him to waite a whole day, and made him beleive
to the very last that he would have them (deposition enclosed).
On the 17th of July the Panther, Burlington, Experiment, Wool-
wich, Swallow and Lyme took their departure from hence and
came to an anchor off of St. Johns Harbour on the 20th July in
the evening. On the 19th of July the enemy left Montsieurat,
and went all to an anchor at Guardeloope. I now beg leave to
remark that after the London fleet arrived in Carlisle Bay, it
was no longer under the care of Mr. Hamilton, who brought it
hither ; but committed to the care and protection of Mr. Con-
stable, who was to reconvoy it to London, and yt. he ought not
to have exposed the fleet to the least hazard, or insults of an
enemy, by leaving it, nor have run the risque of disabling the
Queen's ships by ill weather, or any other accident, or of putting
them in any danger of being taken by the enemy, without the
Queen's service did absolutely require it. Now tho' no misfortune
befell the fleet during the absence of Mr. Constable, and Clerk,
and tho' they met with no storms or ill weather to disable the
Queen's ships and tho' they had extraordinary good fortune
to escape being taken by the enemy yet the misfortune yt. befell
Montseiurat had been prevented if Mr. Constable and Clark had
continued with the fleet at Barbados and had lost no time in
fitting themselves with all necessaries for their voiage to great
Brittain according to the instructions they received from the
Lords of the Admiralty, for then all the six men of war might have
gone from hence on the 13th of July, but they did not go till
the 17th, by reason neither Mr. Constable, Clark or Elford were
ready and therefor those pertences were made use of to delay
ye time yt. I have already related, whereas if they had gone from
hence the 13th, they had prevented in all probabilyty the
misfortune that hath befell that unhappy Island, because the
French did not go from Montsieurat till the 19th of July. How
Mr. Constable and Hamilton behaved when they ariv'd, and
continued at Antegoa, I beg leave to refer yr. Lordships to the
accounts wch. Generall Douglas, and the other gentlemen there
will give you : But I think it incumbent upon me to inform your
AMERICA AND WEST INDIES. 43
1712.
Lordships, that Capt. Constable, Clark and Elford with H.M.
ships under their commands, arrived here in Carlisle Bay the
3rd of Aug. last from Antegoa and yt. Mr. Constable writ me
a letter dated Aug. 3rd, and ye chief reason he gave me for
leaving Antegoa was yt. the Queen's ships he left there were
capable to prevent any further designes the enemy might have
upon the Leeward Islands : after I had read this letter (entered
in Minutes of Council] I commanded one of my serts. to bid
the person who brought it to acquaint Mr. Constable, that I
should be glad to see him in order to discourse him upon
the subject matter of his letter, but Mr. Constable did not think
fitt to come to me or to take any further notice of it. On Aug.
7th, Capt. Hamilton, Gunman and Drake with H.M. ships
under their commands did also arrive in Carlisle Bay from
Antegoa, and on ye 8th Mr. Hamilton paid me a visit and informed
me amongst other things yt. ye reason why he loft Antegoa was
because the enemy were so superior to him, and ye rest of H.M.
ships Mr. Constable had left at Antegoa, that they could neither
encounter them nor prevent any attempt the enemy might
make upon any of H.M. Leward Islands, being the enemy con-
sisted of one ship of 64 guns, one of 56, one of 54, two of 44, one
of 38 and one of 28. Mr. Slingsby, H.M. Attorney Generall and
Mr. Upton were with me when Mr. Hamilton gave me this and
some other informations, and they have given their depositions
of it, wch. are also entered at large in the Councill Books, etc.
So soon as Mr. Hamilton had left me I writt a letter to Mr.
Constable dated Aug. 8, and did not only inform him of the
reasons Mr. Hamilton had given me for his leaving of Antegoa,
but did represent the danger H.M. Leward Islands were in, and
did also tell him, that if Mr. Hamilton's information were true,
yt. then nothing could prevent the loss and ruin of the Leward
Islands, but a conjunction of all H.M. ships both here and at
Antegoa, and yt. therefore I thought it absolutely necessary for
H.M. service, and the preservation of those Islands, yt. all H.M.
ships here should forthwith joyne those at Antegoa, and yt.
after they were so united yt. they should continue together till
the storm wch. so much threatned H.M. subjects was blown over.
Mr. Upton delivered this letter to Mr. Constable on Aug. 8th, and
I desired him to return an answer by him, but he bid the said
Upton tell me yt. he would neither answer my letter nor would
he go to the Leward Islands (letter and depositions entered in
the Councill Books). Besides this, Mr. Hamilton informed me
yt. there was a report yt. Monsieur de Guy was arrived from
France at Martinique with five ships of war, and yt. they had
some land forces on board ; I therefore thought it absolutely
necessary after Mr. Constable had refused to joyne H.M. ships
at Leward to give Mr. Hamilton orders to cruise abt. this Island
with the ships under his command to prevent any sudden surprise
of this Island ; these orders are dated Aug. 9th, and are entered
at large in the Council Books, and Mr. Upton delivered these
orders to Mr. Hamilton ; upon wch. he told ye said Upton
yt. he had as good a Governmt. as I had, and yt. he would not
44 COLONIAL PAPERS.
1712.
change with me, and as to those orders he did not look upon them
as any orders at all, and would take no notice of them. Mr.
Upton delivering me this message from Mr. Hamilton, and finding
yt. no assistance was to be expected from the ships of war, I
thought it absolutely necessary for the defence and security of
this Island, to bring down some of the Militia to guard the severall
forts, and batterys of this Island, and on the 13th of Aug. I
required the Council to give me their opinion, whether it was not
adviseable, considering the present posture of affairs (and yt.
ye mattrosses did not do their dutys at the severall forts and
batterys as they ought to do) yt. ye Militia should be continued
to guard ye same, till we should receive some intelligence of the
enemy's designes and what was become of them. Whereupon
Mr. Pilgrim, Hallet. Frere, Barwick, and Maxwell were of opinion
yt. ye Militia should be continued ; but Mr. Walker, Alleyne,
Beresford and Salter, were of a contrary opinion, notwithstanding
wch. I gave orders for the Militia to continue. On the 21st
Aug. about 11 a'clock at night I received a letter (entered in
Council Book) by an express from ye General of the Leward
Islands, dated 13th Aug., wherein he informed me yt. on the 12th
and 13th Aug. their spy-boats had discovered the motions of
the enemy, and from thence he did conclude yt. the enemy would
attack them very suddenly, if not within the space of six hours,
and therefore desired yt. I would send all H.M. ships here to his
assistance. I immediately dispatched one William Tonstall
a servt. of mine to Mr. Upton my Secretary with orders to waite
upon Mr. Hamilton, and to acquaint him with the advice I had
received from Generall Douglass, and to desire him to attend me
immediately upon it at my house ; but the said Hamilton sent
me word by Mr. Upton yt. he would not come yt. night, but
yt. he would in the morning, and yt. his ship, and the others under
his command were ready, and yt. he had no excuse but could sail
about eight or nine a clock in the morning ; he said a good deal
more as appears by Mr. Tonstall's deposition entered in ye
Minutes of Council. On Aug. 22 between 7 and 8 a clock in ye
morning I ordered Mr. Grace the Provost Marshall to go to Capt.
Hamilton and Capt. Constable, and to acquaint them yt. I had
received last night an express from General Douglas, yt. he was
in dayly apprehensions of being attacqued by a very considerable
French force, and intreated the assistance of all H.M. ships here,
and yt. therefore I desired them to meet me in Councill with the
Capts. under their commands at 12 a clock, to consult wt. was
proper to be done for H.M. service, and ye protection of the
Leward Islands, Mr. Hamilton bid the said Grace tell me yt.
he would waite upon me if he could get convenience by coach,
or horses for himself, and ye Captains under his command. But
Mr. Constable bid the said Grace tell me yt. ye last time he
with the Capts. under his command attended me on the like
occasion, I used them so ill, yt. they thought they had no further
business with me, and further yt. he was preparing every thing to
go to England with the Fleet, who ought to have sailed this
day ; but upon the petition of severall merchants and ye masters
AMERICA AND WEST INDIES. 45
1712.
of ships yt. he would stay four days longer, he had granted
their petition for two days, and yt. on Sunday he would accord-
ingly sail ; the ill usuage yt. Mr. Constable hints at was my
bidding Mr. Elford hold his tongue ; but haveing already faith-
fully recited yt. matter I shall not here trouble yr. Lordships
with a repetition of it. I summoned the Council to meet on the
22nd of Augt. at 12 a clock in the morning, and a little after 12
I sent ye Provost Marshall to the Council Chamber to see whether
there was a quorum of the Council, and ye said Provost Marshal
brought me word yt. there was not, but yt. Mr. Hamilton and the
two Capts. under his command had been there, and ordered him
to acquaint me yt. they would go to dinner, and return again
abt. three a clock ; abt. half an hour after two a quorum of the
gentlemen of the Council mett, and I communicated to them
Generall Douglas's letter, and examined upon oath Capt. John
Green, Commander of the sloop William, and William Vanhurst,
lately Commander of the sloop Rochell, what they knew concerning
the enemy's strength, and of their designes (entered in the Council
Book). The Board and I were unanimously of opinion yt. it
was highly necessary for H.M. service, and the preservation
of the Leward Islands, yt. all the men of war here should forth-
with joyne those at Antegoa : after this I read to the Board some
paragraphs out of Capt. Hamilton's letter of Aug. 13th, and then
made some remarks upon them, all wch. is entered in the Council
Books. About 5 a clock in the afternoon Mr. Hamilton, Constable
a.nd all the other Capts. came to the House where the Councill
and I were sitting ; but we being then very busy they were not
imediately called in, but so soon as the said business was over, I
enquired where the said Capts. were, and John Newland and
Pat. Beacham deposed yt. they staid abt. 12 minutes, and
then went away damning the Council and me. Refers to their
depositions. About two hours after Mr. Hamilton and Constable
had left the House where the Councill and I were sitting they sent
the Councill, and me a letter, Aug. 22, wch. is entered in the
Councill Books, wherein they sett forth yt. they and the other
Commanders of H.M. ships upon my request by the Provost
Marshall readily repaired to the Council Chamber at the hour
appointed, and after staying a hour they at last saw the Provost
Marshall, and desired him to acquaint me yt. they had stayed
there so long in vain ; but that they would be at Councill between
the hours of 3 and 4 in the afternoon, and they assert yt. they
came up again between the hours of 3 and 4 in the afternoon,
and staid there half an hour, without so much as gentlemanlike
usage, and therefore they thought themselves in honour obliged
to resent it by returning to their dutys. In the first place I
crave leave to take notice, yt. neither Mr. Constable, Clark, nor
Elford were with Mr. Hamilton, Gunman and Drake at the House
where the Council meets at 12 a clock, as they assert, nor did
any of those three gent, at that time speak with the Provost
Marshall as Mr. Constable alleadges. It is true I summoned the
Council to meet at 12 a clock, and yt. they did not meet before half
an hour after two, but that is not to be wondered at considering
46 COLONIAL PAPERS.
1712.
the great distance yt. some of them lives at, and the shortnes
of the notice they had, wch. was however the soonest yt. could
be given them upon that occasion, for I summoned them upon an
express T had received from Generall Douglas on 21st Aug.
between 10 and 11 at night, and the summons ran to meet me at
twelve a clock at noon the next day, and this I did because the
matter was of great importance, and required dispatch : as to
Mr. Constable's and Hamilton's asserting yt. they stayed near
half a hour, I was informed in Council (as appears by the
Minutes) yt. they only staid 12 minutes. Mr. Hamilton in his
letter of Aug. 13th, haveing desired a copy of what was then
entered in the Council Books in relation to him, I not only ordered
yt. he should have a copy of those Minutes, but that the Clerk of
the Councill should forthwith (after the Council was adjourned)
waite on Capt. Hamilton, and Constable, and read to them the
Minutes of Aug. 22, as also the letters, and advices I had received
from the Generall of the Leeward Islands, a little while after the
Councill broke up, I sent Mr. Hamilton orders dated Aug. 22
at nine a clock at night, to gett his own ship, and all H.M. ships
then rideing at anchor in Carlisle Bay forthwith in readyness,
and immediately to saile to Antegoa, and if possible to joyne
with H.M. ships there, and to do all he could to protect the Leward
Islands and destroy the enemy, and to return to Carlisle Bay so
soon as he apprehended those Islands were out of danger. On
Aug. 23, the Councill mett again, and Mr. Barren informed us yt.
he had waited on Mr. Hamilton and Constable and read to them
the Minutes of Councill of Aug. 22, etc. and deposed that Mr.
Hamilton said yt. if he had me on board he would keele haul me,
and that he called me a son of a whore, rascall, villain, and rogue
(deposition enclosed). I was advised by several to resent this
barbarous and vile usage in the manner it deserved, and to have
immediately taken up Mr. Hamilton for it, but I did not think
fitt at that time to follow their advice, least the Capts. of the
Queen's ships (who had already shewed too great a reluctancy
and had made soe many frivolous delays in goeing to the assist-
ance of H.M. distressed subjects,) should even make that a per-
tence of not goeing to the relief of the Leward Islands, wch.
were then in such eminent danger. On Aug. 24, Mr. William
Walker, and Major Cogan delivered me a letter abt. 2 a clock in
the afternoon signed by the Commanders of H.M. ships here ;
wherein they sett forth yt. they had come to an unanimous resolu-
tion to proceed to Leward. to gain further intelligence of the
enemy's motions ; but that they wanted ten barrells of powder,
and near 300 effective men to proceed on that service ; they also
desired two sloops to gain intelligence yt. they might not seperate
their present strength, for yt. the enemy was too strong for
them till they were joyned with the ships to Leward, and then
add yt. nothing would contribute more to H.M. service, than my
comeing to a speedy resolution to exert my power in granting
their request, hereby they would excuse their not goeing to the
assistance of the Leward Islands > on ye 22nd Augt. in pursuance
of the orders I had given them, by suggesting that they wanted
AMERICA AND WEST INDIES. 47
1712.
300 effective men, and two sloops, and yt. it was in my power
to supply them with the said men and sloops : whereas they very
well knew yt. it was no more in my power to press men out of
the mercht. ships than it was to take away the ships from the
owners, nor yt. it was in my power to supply them with two sloops.
I immediately returned them an answer, and sent it by the person
yt. brought me theirs, wherein I told them amongst other things
yt. I did admire they had been so long in comeing to a resolution
of goeing to the assistance of the Leward Islands, especially
after they had received my orders, as also yt. they did not acquaint
me before, yt. they wanted men, for yt. if they had, all proper
means would have been used to have got them, but as they had
delayed the matter so long without any justifiable reason yt.
I saw, and had then asked wt. was impossible for me to comply
with on a sudden, they ought to go in the condition they were
in, and not to loose any more time upon any pretence wt. ever,
being the Leeward Islands were in such eminent danger. Their
letter and my answer thereto are entered in the Minutes of Council.
After I had writt this letter, I immediately ordered the store-
keeper to supply them with 10 barrells of powder, and sent a
warrt. to take up all deserters and stragling seamen. On Aug.
25th one John Airey a servt. of mine met Capt. Hamilton in the
Bridge Town, in the morning, and Mr. Hamilton asked him if
he had any commands from me to him, ye said Airey replied yt.
he had not ; whereupon Mr. Hamilton bid him tell me, yt. I
was a French bastard, and yt. he did not think I would have given
him so much trouble agt. the French ; I likewise took no notice
of this abuse least it should impeed the Queen's service, and be
made a pertence by the other Commanders of the Queen's ships
for not goeing to ye assistance of the Leward Islands. On Aug.
26th last between the hours of ten, and eleaven in the morning,
Mr. Arthur Upton delivered me paper sealed up under a cover,
and directed to me in the form of a letter, and at the same time
informed me yt. his wife gave him the said letter, and yt. Mr.
William Gordon, Minister of St. Georges, delivered it to her abt.
seaven or eight a clock on Monday night last, and acquainted
her yt. ye Capts. of the men of war would stay half an hour
for an answer ; I cannot but observe yt. if the said letter had
been delivered to me at the same time Mr. Gordon gave it to
Mr. Upton's wife, yet it had been impossible to have sent an
answer to it, in so short a time as half an hour, being my residence
is a mile from the harbour, and the ships were then under sail ;
Mr. Upton was examined in relation to this matter in Council!
upon oath, as your Lordships will see by the Minutes. Upon
breaking open the seal, I found under the cover a paper intituled
A remonstrance of the severall Commanders of H.M. ships whose
names are hereunto subscribed. The time, circumstance, and
manner of sending itj and ye stile in wch. it is writ, are so very
extraordinary, considering all the affronts and abuses they had
before given me, yt. I shall humbly leave it to yr. Lordships
to make what observations thereon you think fitt. But as to
the severall facts yt. are there laid down, and the severall unjust
48 COLONIAL PAPERS.
1712.
reflections they make, I shall endeavour to give your Lordships
full satisfaction. They first suggest yt. I obstructed and delayed
their goeing to the assistance of the Leward Islands, and then by
artfull insinuations laid the blame upon them, and in order to
excuse their own conduct, and to make out those suggestions,
and to fix the fault of their delay in not goeing immediately
to the assistance of H.M. distressed subjects to Leward, they first
represent that they attended at ye Council house on Aug. 22nd
last at 12 a clock according to the message I sent them by Mr.
Grace, the Provost Marshall ; but yt. neither I nor any of the
Councill being there, Mr. Hamilton bid ye said Grace tell me yt.
they would return again abt. three a clock, and yt. in the afternoon
they came to the Councill House ; in a quarter of an hours
time they sent up two messages waiteing all the while amongst
the footmen, but did not receive any answer, and therefore they
returned to town, and sent a very civill letter to lett me know
the cause of their comeing away to wch. as my usuall manner
was I did not return any answer. As to this part of their remon-
strance, it is admitted yt. Mr. Hamilton, Gunman and Drake,
did attend at the Council House at 12 a clock, and yt. Mr.
Hamilton bid Mr. Grace inform me yt. he and those two gentle-
men would be there again at three. But neither Mr. Constable,
Clark nor Elford were there with Mr. Hamilton and the other
gentlemen as is suggested in their remonstrance ; it is true the
Councill did not meet at 12 a clock according to the summons
I sent them etc. as supra. As to their suggesting yt. they waited
amongst the footmen and servts., to this I can say nothing ; but
if they did, it was their own fault, because there were two very
good rooms in either of wch. they might have been as private
as they pleased ; as to the civill letter they mention, it is
entered in the Council Books, and your Lordships will find it is
directed to ye Council as well as me ; however after it was read
at the Board, I ordered Coll. Barwick yt. is one of the Council,
to return an answer to it, wch. accordingly he did, and Mr.
Grace the Provost Marshall delivered it to the said Gentlemen,
as appears by his deposition. The Gentlemen in their remon-
strance further sett forth yt. one Mr. Barren who executes
the office of Secretary told them, yt. he was sent by me to them
to read the minutes of yt. days proceeding, wch. he did in the
hearing of severall gentlemen of the Island, and merchts. in town ;
they add yt. they are amazed at ye unparralleld insolence, of the
treatment that I should averr facts in the minutes wch. they can
so notoriously disprove, and should pick out that time, to send
for them to Councill, to charge them with crimes to their faces
yt. they were never guilty of, to rip up old differences, and stories
invidiously contrived to excite their resentments agt. me, and
to sett them at variance one agt. another, and then to send my
Secretary into publick company to expose and insult them with
reading them openly, thereby to surprise them into some extravi-
gant passion, and resentmts., and then to gett my officers to
inform and give depositions. This representation I hope to
make to appear to your Lordships to be very dishonourable
AMERICA AND WEST INDIES. 49
1712.
and unjust. It is very true Mr. Barren was ordered to waite
upon Capt. Hamilton, and Constable forthwith after the Council
was adjourned, and to read to them yt. day's minutes, as also
the letter and advices I had received from General Douglas ; this
order was partly occasioned by their not staying to be called
into Councill ; but chiefly from Mr. Hamilton's complaining in
his letter of Aug. 13 that I had caused a narrative of letters,
orders and messages wch. had passed between him and me to
be entered in the Councill Books, and yt. in such an unfair
manner yt. he found himself under a necessity to ask a copy of
what had been entered, and therefore to anticipate all extravagant
and unreasonable murmur-ings and complaints of this kind, Mr.
Barren was sent to read the Minutes of Council to Mr. Hamilton,
and Constable without any of those ridiculous views, as is dis-
ingeniously and absurdly suggested ; but I hope yr. Lordships
will believe yt. it was high time to make them sensible (by all
just means) of their delitoriness, and ill conduct when so many of
the lives and fortunes of H.M. subjects depended in all probability
upon their expedition, courage and prudence ; as to Mr. Barren's
reading the minutes to them in publick company, it was both
without my order and knowledge, and they have nobody to
blame for it but themselves ; for if they had desired to have them
in private none can doubt but he must and would have attended
them ; As to the reflections they make of being informed agt.
by my officers, yr. Lordships will be so farr from thinking that a
fault, or the least imputation upon those persons, yt. you will
judge it a matter both of duty, and meritt, especially since the
persons they informed against reposed no trust or secrecy in
them. As to the facts I have charged them with I do not only
take upon me to aver yt. they are all true ; but in some measure
do appeal to their own Journalls concerning the veracity thereof,
and in others to their letters and my answers thereto, in others
to the Minutes of Councill, and to the severall informations
and depositions of credible persons yt. are entered in the Minutes
of Councill : I will be bold to say yt. there's no fact I have charged
them with but what will thus be made appear, save only the
interlocutory discourse I have related on the 14th July, when
there was nobody with us, and it's so faithfully related yt. I
cannot think they can possibly deny it. They say in their
remonstrance yt. it was a happy thing they came away from the
Councill, for had they staid to have heard those minutes read,
they do not know what length of passion might have hurried
some of them. I take upon me to assure yr. Lordships yt.
there's none yt. sitts at Board yt. either is, or would have been
deterred (by any airs they could have given themselves) either
from not doeing their duty, or representing the truth. However,
I humbly leave it to your Lordships to consider, the height, the
quality and consequence of such a menacing, and do not doubt
but your Lordships will so represent it to H.M. as to prevent
the like for the future. They further say in their remonstrance
yt. they were in hopes to have found in the minutes some resolu-
tions relateing to the relief of the Leward Islands, as also mine
Wt. 5622. C.P. 4.
50 COLONIAL PAPERS.
1712.
and the Council's opinion wt. were the properest measures to take,
what assistance the Island would give, that the Assembly would
have been suffered to sitt to raise money to hire men and sloops
for intelligence, wch. they are informed they are ready to do,
if I would give them leave to sitt, but instead of all this they had
nothing read to them but calumnies, accusations, and scandalous
reflections ; they add that this procedure is so very surprizeing,
yt. they cannot forbear again exclaiming with a just indignation.
As to their suggesting that we came to no resolutions in relation
to the relief of the Leward Islands ; I do aver the contrary and
do appeal to the Minutes, wch. they own Mr. Barren read to them ;
your Lordships will see that both the Councill and I were of opinion
yt. all H.M. ships here should forthwith go to their assistance.
This was with submission the best resolution we could come to
in the present posture of affairs ; for General Douglass in his
letter to me of Aug. 13th said, yt. he expected yt. the enemy
would attack him in six hours, and Capt. John Green who brought
the said letter deposed amongst other things, yt. a little after he
left Antegoa, he heard the alarm gun fired from Monk's Hill,
where the chief fortification of Antegoa is, by wch. he believed
yt. the French were then in sight of the said Island, we therefore
not only thought it expedient beyond all other things yt. H.M.
ships here should go to the relief of Antegoa ; but that they should
proceed thither with all imaginable expedition, yt. they might
not only come in time to save Antegoa, but to prevent in some
measure the damage H.M. subjects might otherwise have sustained :
we made no doubt but that the six men of war (tho not joyned
with those at Antegoa) were of sufficient strength to give a good
account of the enemy, and we were the more sanguin in our
hopes of their success, because Mr. Constable in his letter, Aug. 3,
said yt. he then knew the enemys strength and thought yt. the
ships he left at Antegoa were capable to prevent any further
designes of the enemy : now those ships everybody must own
were much inferiour to the six men of war yt. were here. As
to the reflections they make about ye Assembly, we wanted no
intelligence at that time, for Capt. Green gave us as good, and
as fresh intelligence, as was possible to be had : as to what men
they wanted of their complement, I can say nothing to : but I
must again observe yt. Mr. Upton did on Aug. 21st acquaint Mr.
Hamilton by my order of the danger Antegoa was in, and yt. he
bid Upton tell me yt. he could or would not waite upon me yt.
night, but yt. he would in the morning, and further yt. his ship
and those under his command were ready, and yt. he had no excuse
but could sail by eight or nine a clock in the morning. I would
further observe yt. it was not easy to suppose yt. the ships under
Capt. Constables command wanted either men or anything yt.
was necessary ; because they returned from Antegoa Aug. 3rd,
and were to have gone from hence on Aug. 22 as convoy to the
London fleet ; therefore if they had not their full complement of
men or wanted anything, yt. this place could have accommodated
them with, they should have made a representacon thereof to
me, and if I had not done all yt. lay in my power to have supplied
AMERICA AND WEST INDIES. 51
1712.
them, then the fault had laid at my door : but since Mr. Hamilton
sent me word by Mr. Upton yt. his ship, and those under his
command were ready, and yt. he had no excuse for not sailing,
and since yt. Mr. Constable, and the ships under his command
made no application for men : I hope yr. Lordships won't wonder
yt. no consideration of yt. was had in Council, especially since all
long considerations and dilatory proceedings appeared then to
be as fatall to Antegoa, as the not sending them any relief at all,
etc. I further take the liberty to say in answer to that reflection
they make yt. the Assembly should have been suffered to have
sat to raise money to hire men, and sloops, yt. there were severall
persons in the Assembly, at that time, yt. would have perplexed,
and baffled, any such proposition, and refer your Lordships to
the Minutes of Councill on Aug. 31st last, wherein your Lordships
will see yt. they would not come into those measures wch. at
that time seemed absolutely necessary for the preservation
of their own country. The next paragraph in their remonstrance
runs, On the Thursday night the Genl. and merchts. of the
Island presented us with a petition to go down : whereupon
we called a consultation the next morning, and unanimously
resolved we thought it Capt. Constable's duty to break thro'
his orders, and go in conjunction with the rest, wch. we imediately
acquainted you with in a letter, as also yt. our ships wanted
300 effective men, some of our ships having now about 40 sick,
and we flattered ourselves yt. you would have exerted the prero-
gative upon this so emergent occasion, since you are so tender of
preserving it upon others, but to our great surprise we received
in answer yt. it was impossible for you now to do it, tho' you
own in the same letter yt. it was possible two days agoe, and yt.
you admire we have not obeyed the orders you sent us, whereas
we admire more yt. you should take upon you to issue orders,
wch. you have no authority to give, or yt. you should fancy we
would obey them, when the Capts. of the Stations have so often
told you they would not receive any orders without being con-
sulted with, when we are so expressly directed by our Instructions
first to advise and consult with you, and then to receive orders,
and you know yt. you have no authority, or power over Capt.
Constable or the ships under his command. In answer to this
paragraph, your Lordships will give me leave to say yt. I know
nothing of the consultations they mention ; but I do own they
did send me a letter by Wm. Walker and Major Cogan on Aug.
24th about two a clock in the afternoon, and both their letter
and my answer thereto are entered in the Minutes of Council,
but since they endeavour to reflect upon me by misreciteing it,
I lay it here verbatim before yr. Lordships : " I have just
received yours, and I do wonder you have been so long in comeing
to a resolution of goeing to the assistance of the Leward Islands
espescialy after you received my orders wch. I sent you by and
with the advice of H.M. Councill to go thither. I also admire
yt. you did not acquaint me before now yt. you wanted men to
proceed on yt. service, if you had, all proper means would have
been used to have got you them, before this, but as you have
52 COLONIAL PAPERS.
1712.
delayed the matter thus long without any justifiable reason yt.
I can see, and have now asked wt. is impossible for me to comply
with on a sudden, I must therefore tell you yt. the Leward Islands
are in such eminent danger, yt. you ought to go in the condition
you are in, and not to loose any more time upon any pertence
wt.ever, but obey the orders I have given you ; I have directed
Mr. Faucet to supply the Experiment with 10 barrells of powder."
I shall now take notice yt. they say yt. I to their great surprise
told them in answer to their demand for men, yt. it was impossible
for me now to do it, tho' they say I own yt. it was possible two
days ago, your Lordships will easily perceive the occasion of this
incongruity ; for if they had not left out these words (on a sudden)
they had been baulked of their satisfaction, of being greatly
surprized : yr. Lordpps. cannot but take notice yt. they say they
admire yt. I should take upon me to issue orders, etc. In answer
to this I must remind yr. Lordships, yt. ye Gent, of the station
have in severall important cases refused to consult, and advise
with me, and sometimes upon very frivolous pretences, and
sometimes without assigning any reason at all. Repeats story of
July 14 and Aug. 8, 22 etc,. I had much rather they should thus
clamour agt. my giving them proper orders without consulting,
and adviseing with them, than they should excuse their not doeing
their duty, or any part of their ill conduct, by pretending they
wanted my orders, but under the pretence of their not being
obliged to receive orders without first being advised and consulted
with, they have found out a way to evade the receiving any
orders at all ; for if they are not humoured like children, if
everything is not exactly complied with according to their
mind, and if they are not suffered to stay as long in the road
as they please, they either give out yt. they are ill-treated, or
used with ill manners, and therefore absolved from comeing
any more to advise and consult with me. Mr. Constable's
Journals will sufficiently convince your Lordships yt. he
hath gone from hence a great many times without my orders, and
I must assure your Lordpps. without so much as letting me
know where he went or when he would return : But your
Lordships wont wonder at these libertys, after I have taken upon
me to tell you that Mr. Hamilton hath not scrupled even to disobey
orders yt. have been issued for H.M. espescial service, and ye
preservation of her Colonies, even tho' he had been consulted
thereupon, and yt. they were issued by and with the advice of H.M.
Councill here. Refers again to the orders of July 15, and Messrs.
Constable and Hamilton leaving Antigua. Continues : Though
the inhabitants of Antegoa were under most terrible apprehensions,
of being invaded by the enemy, and therefore made all the
pressing instances and kind offers yt. was possible to engage them
to stay a few days with them, yet nothing would prevail upon
them, notwithstanding they were obliged to do it by their orders,
their honour and common humanity ; so Mr. Constable on Aug.
26th and Mr. Hamilton on the 27th left the distressed Antegonians
to bewail their misfortunes, and to expect the greatest harm
the enemy could do them, this in my poor opinion, is the most
AMERICA AND WEST INDIES. 53
1712.
indiscreet, the most inhumane and dishonourable act yt. ever
was committed by persons of their station. It is said in ye
remonstrance yt. I know yt. I have no manner of power over
Capt. Constable, etc. All yt. I can say to this is yt. I have not
seen Capt; Constable's last Instructions, nor know nothing of
them more than wt. is menconed in a paper yt. contains the
opinion of a Councill of war, yt. was held on board the Woolwich
on July 14th last, and is entered in the Minutes of Council, the
Gent, who signed that paper sett forth, yt. Mr. Constable was of
opinion yt. he could not enter into any consultation with them yt.
might cause any alterations in his proceedings contrary to what
he had this day acquainted me with, without my application to
him, for so doeing, he beleiving he could not be safe otherwise ;
from hence I concluded yt. I had a power to give him orders, for
if I had no such power then my application or orders could have
been of no manner of safety or benefit to him. The next para-
graph in ye remonstrance runs : " On the afternoon of the same
day haveing been offered by Mr. Walker, Mr. Newport and Major
Cogan 600 for the encouragemt. of 300 men at 40s. a man to
go with us, we sent up Mr. Chaplin of H.M.S. the Lyme with a
message to you to desire leave to beat up for volunteers, in hopes
yt. he being a Gent, of good esteem in this Island might have
mollified you into a compliance but as he informed us under his
hand upon his return when he sent your servt. whom he saw
speak to you to acquaint you yt. he was come from us on H.M.
speciall and imediate service, with a message relateing to the relief
of the Leward Islands, the servt. returned in answer yt. you were
busy and would not be spooke with, or receive any message, and
yt. afterwards he desired the same servt. to call your private
Secrey. to have spooke with him, and yt. he returned the same
answer." As to the offer they say they had made of 600 I can
say nothing to, not knowing whether it was so, or not, nor
whether Parson Gordon is chaplin of the Lyme. or whether any-
body here hath power to make him so, or to make a sinecure of
the place of chaplin to a man of war ; but I do submitt it to your
Lordships whether such things are not very great abuses upon the
publick, and very great hardships upon the poor seamen ; as to
the esteem and character Mr. Gordon hath in the island, I am
unwilling to speak much of it, but it is so very bad, yt. I never
shewed him any countenance, or cared yt. he should come within
my doors, this severall of the Capts. of the men of war knew, and
therefore very innocently sent this pious man to mollifie me
into a compliance, they had never proposed to me, nor wt. I could
have had no objection to, if they had been sincere in it and would
not even have made it a pretence for delay. When Mr. Gordon
came to my house he sent one Lancelot Bainbridge a servt. of
mine into the garden to tell me yt. he desired to speak with me,
I ordered the servt. to acquaint him yt. I was busy, he then sent
the same message by the said servt. to Mr. Upton, and the like
answer was returned, and this is all yt. I knew of his business,
as appears by the depositions of Mr. Upton and Lancelot Bain-
bridge well, are entered in the Minutes of Councill herewith sent.
54 COLONIAL PAPERS.
1712.
The next paragraph setts forth yt. in the evening I sent Capt.
Hamilton one single order directed to the Constables to take up
deserters, and stragling sailors ; but would not make use of my
authority to press or give us leave to beat up for volunteers upon
ye aforementioned encouragement. In answer to this I must
desire your Lordships to call to mind yt. it was but on the 24th
of Augt. in the afternoon, yt. they informed me that they wanted
seamen, and in the evening, I sent Mr. Hamilton a warrt. to
take up all deserters, and stragling seamen wch. was sufficient
for the town of St. Michael ; for the danger the Leward Islands
were in, was so great, and the Capts. of the men of war had
industriously lost so much time, yt. I did not think it proper to
send warrts. into the severall parishes of the Island, to take up
seamen, and to keep the ships here from goeing to the assistance
of the Leward Islands, till returns were made thereof. As to
my not pressing seamen out of the mercht. ships, I must again
say I have no power to do it, and as to my not suffering them to
beat up for volunteers, I deny yt. they desired any such thing of
me, or anybody in behalf of them. In the next paragraph they
say yt. upon the whole affair they shall submitt it to the world,
whether it is not plain even to a demonstration yt. all my aim
and design hath been to retard and prevent their goeing, and then
they add yt. the first step I. took was to slight and affront them,
to rip up old differences, throw dirt, abuse and endeavour to
devide us, to issue insulting, peremptory orders, wch. you have
no authority to give ; to deny supplying us with men, not to suffer
the Assembly to sitt to raise money for their encouragement, not
to lett us have a tender even tho' there was one ready, and at
last not to admit our officers, and refuse to receive any message
from us, the naturall conclusion from all wch. is yt. so you could
lay the blame upon us, you would be glad the Leward Islands
perished. The first step they assert I took was to slight and
affront them, and endeavouring to divide them. I do utterly
deny it unless they do hereby mean the facts yt. are incerted in
the Minutes of Councill to demonstrate their ill conduct, and I
hope your Lordships will see there was an absolute necessity of
doeing this, since one of the Queen's Islands was destroyed, and
many others exposed to the mercy of the enemy. As to their
asserting yt. I sent them insulting peremptory orders, wch. I
had no authority to give, I must refer yr. Lordships to those
orders, and do hope you will not think there's anything rude,
insulting or improper in them, but adapted to the then circum-
stances of affairs. I do also humbly submitt it to your Lordships,
whether I had not power to issue them, but I must take the liberty
to say that I veryly beleive if I had not issued them, that they
would have not gone to the relief of the Leward Islands, and
would have afterwards thrown the blame upon me, for not giving
them orders. I have already given my reasons for the Assembly's
not sitting, and have made it appear yt. I have neither denyed
the Capts. men, nor anything else for the service of the Queen
and the Leward Islands yt. laid in my power to grant, nor do I
know they have been treated with the least disrespect or incivility,
AMERICA AND WEST INDIES. 55
1712.
and I am sure I have been far from giving them any reason
to say. yt. so I could lay the blame upon them I should be glad
the Leward Islands perished. This is so very severe a charge
yt. if it could but be probably made out I should be so far from
thinking myself entituled to any share of the Queen's favour, or
the friendship of any good man, yt. I freely own there's no punish-
ment upon earth too great for me, etc. I cannot conclude this
long letter without once more observing yt. upon my sending
Mr. Grace the Provost Marshall to Capt. Constable on Aug. 22
last, to acquaint him in what eminent danger the Leward Islands
were in, and to desire him to meet me in Councill att twelve a
clock the same day, to consult about their preservation yt. he
sent me word by the said Grace yt., he had no business with me,
and yt. he would sail on Sunday (being the 24th Aug.) with the
fleet, to prevent wch. I directed the severall officers not to clear
the mercht. ships. So from this single instance, I submitt it to
your Lordships, whether Mr. Constable or I had the intrest of
the Leward Islands most at heart. I hope yr. Lordships will
pardon this crude and prolix account, and beleive I would have
put it into better method, and language, if time and the business
of the Govermt. would have allowed it, but I have been so
straightened in the one. and taken up with the other, yt. I have
had only leisure thus to relate the facts and circumstances
thereto belonging. I have only to add yt. the members of H.M.
Council here did unanimously desire me on Aug. 25th last upon
reading the remonstrance of the Capts. of H.M. ships yt. I would
lay before H.M. the insolent and outragious behaviour of the sd.
Capts. as also the many unjust, and scandalous reflections the^
have thrown upon the Council and me without any colour of
reason, and yt. I would humbly desire her most sacred Majesty
to grant us such relief herein as to her great wisdom shall seem
most meet : from hence I humbly intreat yr. Lordships to lay the
contents of this letter before H.M. Signed, Rob. Lowther. En-
dorsed, Reed. 26th, Read 27th Nov. 1712. 24| pp. Enclosed,
69. i. Copy of Orders issued by Governor Lowther to the
Captains of the men of war attending Barbados about
assisting the Leeward Islands. June 28 Aug. 22,
1712. As described in preceding. 17 pp. [C.O. 28,
13. Nos. 97, 97 i. ; and (without enclosure), 29, 12.
pp. 449-503.]
Aug. 29. 70. Capts. Taylor, Holland and Arnold to the Council of
Trade and Plantations. Being advised that your Lordships
would willingly be informed respecting Cape Bretton, on the
coast of Nova Scotia, we being masters of ships and inhabitants
in that part of the world, knowing well the said Cape, are ready
to attend your honours, etc. P.S. Please to give us a line at ye
New England Coffee-house behind the Royall Exchange. Signed,
Chr. Taylor, Tho. Holland, Wm. Arnold. Endorsed, Reed.
Read Aug. 30th, 1712. Addressed. 1 p. [C.O. 5, 865. No.
86 ; and 5, 913. p. 380.]
56
COLONIAL PAPERS.
1712.
Aug. 29.
Whitehall.
Sept. 3.
Whitehall.
Sept. 4.
Antigua.
Sept. 5.
Bermuda.
71. Council of Trade and Plantations to the Earl of Dart-
mouth. Enclose Mr. Cuninghame's complaints against Governor
Douglas. (April 30, July 2). [C.O. 153, 12. pp. 10-12.]
72. Mr. Popple to Capts. Taylor, Holland and Arnold.
In reply to Aug. 29, desires their attendance at Mr. Moore's*
house in Bloomesbury Square on Fryday, etc. [C.O. 5, 913. p.
381.]
73. Governor Douglas to Mr. Lewis (v. July 10). Encloses
by H.M.S. Panther, copy of the General Pardon (Feb. 6) " and
make it my humble petition to the Earl of Dartmouth, to have
his further directions for my conduct in this embarrassing affair."
Signed, Walter Douglas. Endorsed, R. Dec. 16, 1712. 1 p.
[C.O. 152, 42. No. 90.]
74. Lt. Governor Bennett to [? the Earl of Dartmouth]. Re-
peats part of Aug. 15. Continues : In a letter to me from Major
General Lambert, Governor of St. Christopher's, is the following
paragraph (vizt.) : I have by late advice from a spy-boat, that
there is got together at Guardalupa 16 ships and 32 sloops,
therefore believe they design to attack something greater than
their last interprize, etc. Signed, Ben. Bennett. Holograph.
2 pp. [C.O. 37, 28. No. 14.]
75. Order of Queen in Council. Repealing act of Barbados
enabling the executors of Christopher Estwick, etc. (v. April 26).
Signed, Edward Southwell. Endorsed, Reed. 14th, Read 31st
Oct. 1712. 2pp. [C.O. 28, 13. No. 96; and 29, 12. pp. 441,
442.]
Sept. 13. 76. Robert Cunynghame to the Council of Trade and Planta-
Charies Fort tions. As I still continue a prisoner, so do my complaints against
Christophers G enera l Douglas and Lieut. Governor Lambert, humbly praying
your Lordships, that effectual orders may be given, that affidavits
be taken against them, for maintaining my complaints, and that
they as well as myself be obliged to appear before H.M. in Council,
your Lordships, or at the Queen's Bench Bar etc. Signed, Ro.
Cunynghame. Endorsed, Reed. Nov. 8th, Read Jan. 20th, 17{4.
1 p. [C.O. 152, 9. No. 148 ; and 153, 12. pp. 59, 60.]
Sept. 8.
Windsor.
Sept. 13.
Bermuda.
77. Lt. Governor Bennett to Mr. Popple. The packett
herewith inclosed was designed to be sent by the way of Newfound-
land according to its date, but the vessell was detain'd by con-
trary winds : and on the 8th inst. about two in the afternoon,
began the most severest hurricane that has been known here,
and continued till ten att night : a great many houses were quite
blown down, none escapeing without being much shattered, very
many trees toren up by the rotts, and several of the largest
cedars that were most fast in the ground twisted off in the middle
by whurle-winds, to our great amasement, five sloopes (being all
* Arthur Moore, Commissioner of Trade, 1712.
AMERICA AND WEST INDIES.
57
1712.
Sept. 13.
that were) in the Town harbour were driven on shoar, and most
that were a building (throughout the country) blown off the
stocks, a woman and child killed by the fall of a house, and one
old woman blown off from an Island where she lived into the sea
and drown'd. It was fear'd before enquiry made that much more
mischief had been done to people's lives. The sloop that was to
carry my packet suffered in the storme, soe that this now goes by
the way of Barbados, etc. Signed, B. Bennett. Endorsed, Reed.
Jan. 30, Read Feb. 2, 1712-13. Holograph. 1 p. [C.O. 37,
9. No. 25 ; and 38, 7. pp. Ill, 178. J
78. Mr. Attorney General to the Council of Trade and Plant-
ations. I have no objection in point of law to the Act of Virginia
to enable John Guslis, etc. (v. Aug. 26). Signed, Edwd. Northey.
Endorsed, Reed. 19th, Read 25th Sept. 1712. f p. [C.O. 5,
1316. No. 83 ; and 5, 1363. p. 414.]
Sept. 15. 79. Robert Cunynghame to the Council of Trade and Plant-
Charles Fort ations. I have further cause of complaint, etc. By accompt
Christophers a djusted by a Committee of Council and Assembly the publick
of this Island is indebted to me 163, I continue a prisoner, have
wife with eleven smal children to maintain, notwithstanding
which my estate is this day distrained upon for my part of the
levey, which amounts to 30, and is chiefly for a present to the
General, which is contrary to the Queen's intentions, and which
had not the consent of the majority of the Assembly, etc. v. supra.
Signed, R>o. Cunynghame. Endorsed, Reed. Nov. 8th, Read Jan.
20th, 17}f . 1 p. [C.O. 152, 9. No. 149 ; and 153, 12. p. 61.]
Sept. 17. 80. Certificate that publick papers of Barbados " hereunto
annext " are true and exact coppys. Signed, Rob. Lowther.
1 p. [C.O. 28, 43. No. 81.]
Sept 23 (?). 81. W. Nevine, agent of the Leeward Islands, to [? Erasmus
London. Lewis, v. July 10.] Daniel Mckinen and Samuel Watkins (two
gentlemen of Antegoa) have been taken up and committed to
Newgate by my Lord Chief Justice's warrant for the murther of
Coll. Park ; notwithstanding H.M. most gracious proclamation
of pardon (out of which, it cannot be pretended, they are in any
manner excepted), so that unless the sd. pardon be made an effec-
tual security against imprisonment and prosecution as well as att
tryal, the case of all the persons intitled to the sd. pardon will be
very miserable and the sd. Colony throwne into the utmost
confusion. Prays that they may be admitted immediately to
baile and that the like trouble to any of the persons compre-
hended in the sd. pardon will be effectually prevented for the
future. Continues : This is matter of the greatest astonishment
to the merchants and all others concerned in that Colony, and
therefore I beg you will informe my Lord Dartmouth. Signed,
Will. Nevine. Endorsed, R. Sept. 24th, 1712. l$pp. [C.O.
152, 42. No. 89.]
58
COLONIAL PAPERS.
1712.
Sept. 24.
Whitehall.
Sept. 25.
Sept. 25.
Windsor
Castle.
Sept. 25.
Whitehall.
Sept. 29.
Sept. 30.
Windsor
Castle.
Oct. 1.
Whitehall.
Oct. 2.
Bermuda.
82. The Earl of Dartmouth to Mr. Attorney General. H.M.
thinks fit that you consider of the enclosed Address of the Repre-
sentatives of the Freemen of the Province of Pensilvania and re-
port your opinion what H.M. may properly do therein. Signed,
Dartmouth. 1 p. [C.O. 5, 1233. No. 55.]
83. Agents for the sufferers at Nevis and St. Kitts to the
Council of Trade and Plantations. Propose an alteration in the
form of oath offered by the Attorney General, Aug. 8. Signed,
Ste. Duport, Cha. Mathew, Rich. Meriwether, Nath. Carpenter,
senr., Rowld. Tryon, Ja. Campbell. Endorsed, Reed. Read,
Sept. 25, 1712. 2 pp. [C.O. 152, 9. No. 129.]
84. H.M. warrant to Mr. Attorney or Solicitor General to
prepare a bill for H.M. signature granting the place of Provost
Marshall General of the Leeward Islands, to Aston Warner Esq.,
" to have hold and enjoy the same by himself or his sufficient
deputy or deputys (for whom he will be answerable) for and during
our pleasure and his residence upon our said Islands " etc., and
revoking the patent of John Perrie. Countersigned, Dartmouth.
[C.O. 324, 32. pp. 174, 175.]
85. Council of Trade and Plantations to the Queen. Recom-
mend for H.M. approbation an Act of Virginia to enable John
Custis, etc. (v. Aug. 26, Sept. 13). [C.O. 5, 1363. p. 415 ; and
5, 1335. No. 177.]
86. Petty expenses of the Board of Trade, June 25 Sept.
29, 30 125. 6d. Stationer's bill, 39 3s. 3d. Postage, 26 19s. Id.
6pp. [(7.0.388,76. Nos. 139, 141, 143.]
87. H.M. warrant to Mr. Attorney or Solicitor General to
prepare a bill for H.M. signature granting the places of Secretary
and Provost Marshall General of Bermuda to George Tucker,
(etc. as Sept. 25), and revoking the patent of Edward Jones.
Countersigned, Dartmouth. [C.O. 324, 32. pp. 175, 176.]
88. Mr. Popple to Mr. Attorney General. Encloses objections
(Sept. 25) to the form of oath for Nevis and St. Kitts, for his
opinion. [C.O. 153, 12. p. 13.]
89. Lt. Governor Bennett to [? the Earl of Dartmouth]. Last
night arrived here H.M.S Dunwich, Capt. Graves Commander,
who delivered me your Lordship's letter of Aug. 21st ult., relateing
to a cessation of arms, wherein was a proclamation concerning the
same, to which all due observance shall be had. As also when
thought proper to send any prisoners to Great Britan, shall take
care sufficient proofs of their crimes shall goe with them. Repeats
part of Sept. 5th and Sept. 13th. Signed, Ben. Bennett. Holo-
graph. 2 pp. Enclosed,
89. i. Duplicate of No. 44 i. [C.O. 37, 28. Nos. 15, 15 i.]
AMERICA AND WEST INDIES.
59
1712.
Oct. 5.
90. Mr. Attorney General to the Council of Trade and Plant-
ations. I have considered objections made to the form of oath
I prepared for the sufferers of Nevis and St. Christophers. The
Act having expressly declared that none shall be entituled to a
share of the bounty, but such who appear to be sufferers by the
return of the Commission, it will not be sufficient that a man of
the same name, as is mentioned in that return, had resettled, but
an express oath must be made, that the person sworn to have
resettled, is the same person mentioned in that return, for that
there may be several of the same name. As to the objection
against swearing to the property of a plantation, I have no
objection against the altering the form of the oath, as proposed,
so that some oath be made, that the person is the same mentioned
in the return as a sufferer. As to the form of an oath for all
inhabitants resettling, I have no objection against the form
proposed by the objectors, if oath be made, that it is the same
person, who appears to have been a sufferer by the said return.
Signed, Edw. Northey. Endorsed, Reed. 15th, Read 31st Oct.
1712. 1 p. Enclosed,
90. i. Duplicate of No. 83.
90. ii. Duplicate of form of oath proposed Aug. 8. [C.O. 152,
9. Nos. 136, 136 i., ii. ; and (without enclosures) 153,
12. pp. 41, 42.]
Oct. 6.
Charles Fort
in St.
Christophers.
91. Robert Cunynghame to the Council of Trade and
Plantations. Complaints against Governor Douglas as Sept.
13th, etc. "I know none of my high crimes and misdemeanours,
for which the Council here as well as he refused to admit me to
bayle. I presume it is no new thing to your Lordships to hear
they always do as the General would have them, witness their
address in favour of General Park, upon complaints being
exhibited against him and their report of Mrs. Bowdon's affair.
I have bin long since told that the least line of submission to the
Generall will set me at liberty," etc. Signed, Ro. Cunynghame.
Endorsed, Reed. Dec. 13, Read Jan. 20, 17}|. 1 p. [C.O. 152,
9. No. 150 ; and 153, 12. pp. 62, 63.]
Oct. 8.
Jamaica.
92. Mr. Mackenzie to the Council of Trade and Plantations.
I hope the singularity of the occasion may in some measure
plead my excuse for the presumption of this address : for,
understanding lately by a very intelligent and creditable person,
as well as by several pregnant and concurring circumstances
formerly consistent with my own particular knowledge, that
abundance of art and industry is used in contriving such volum-
inous and specious advices as (I am told) are now transmitted
to your Lordships and others by H.E. the Governor of this
Island, with an air of mighty zeal for the service of H.M. and the
preservation and interest of this Island in particular ; I think
myself in duty bound to give your Lordships an humble
precaution against your giving an intire creditt to these advices,
or coming to any determined resolutions touching the same,
60 COLONIAL PAPERS.
1712.
before the arival of H.M.S. the Defyance, which is appointed to
sail on the 14th inst. as convoy to the London merchant ships
which have been detained here, about two months past, by reason
of an embargo, and a subsequent dreadful hurrican which
happen'd here the 28th of August last. I have no servile
mercenary end in view, etc. I undertake under the severest of
penalties, to make it evident, after my arrival at London ; I
having at the same time the Goverment's protection ; that
chiefly by the influence of Richard Rigby and John Stewart,
two of the Council, and William Brodrick, Attorney General,
partiality, oppression and manifest injustice have been counten-
anced and committed in the Council, the Court of Chancery,
the Grand Court and the Court of Admiralty of this Island. That
several resolutions voted in Council have some time thereafter
been quite razed out of the Minutes and Journals of Council.
That several things have been ordered to be entred in the Council
Books that were not consistent with real point of fact, and other
material matters of fact pass'd in Council, and yet ordered not
to be entered. That in relation to some matters of the greatest
consequence transacted in Council in May 1711, when Richard
Rigby was neither a member nor Clark of the Council, he has
privately in about twelve months time thereafter quite altered
the Minutes, and had them entered in the books so as to
contradict flatly the plain sense and meaning of the Council,
merely to make them subservient to his own private ends. That
he having in his possession the Council Books is now privately
altering and transcribing them many years backward. That in
manifest contempt of H.M. authority the present Governor has
by the advice of the said Rigby, Brodrick and Stewart, or some
or other of them, knowingly and as fully neglected some, and
broken others of H.M. Instructions. That to the manifest
lessening of H.M. Revenue, the Governour took bribes of money
and other presents in breach of the said Instructions. That he
seem'd to slight and conived at several considerable embezlements
of stores and ammunition out of H.M. chief forts in this Island,
after I had apprized him thereof. That the late embargo and
martial law here, was only to serve a turn of state, as being
projected and moved in Council, before any news arrived here of
the French's having been at Mountserrat, tho' the same happen'd
to be opposed by such Councellours as were not upon the secret,
and the generality of the people complained that the unseason-
ableness of both the embargo and martial law has proved more
injurious to them than the hurrican ; all which several articles
I can plainly prove by undeniable vouchers ; but am just now
advised that the Governor intends to detain me prisoner in this
Island, by refuseing to sign my tickett, which he has done several
times before ; tho' I gave security into the Secretary's Office long
agoe, etc., in relation to which I must rely on your Lordships'
orders to the Governor, such practice being a violent encroach-
ment on the liberty of the subject, etc. Signed, Rod. Mackenzie.
Endorsed, Reed. 16th, Read 19th Dec. 1712. 2f pp. [C.O. 137,
9. No. 75 ; and 138, 13. pp. 413-418.]
AMERICA AND WEST INDIES. 61
1712.
Oct. 9. 93. William Borrett to Mr. Lewis (v. July 10). Samuel
Inner Temple. Watkins and Daniel Mackinen (v. Sept. 23) are making application
to be bay led. Mr. Attorney General thinks it reasonable, but
cannot consent without the Earl of Dartmouth's warrt. wherein
H.M. may be signified to that purpose. Signed, Wm. Borrett.
Endorsed, R. Oct. 9, 1712. f p. [C.O. 152, 42. No. 91.]
Oct. 10. 94. Governor Lord A. Hamilton to the Council of Trade and
Jamaica. Plantations. It is now almost ten weeks since we have had any
ship from Great Britain nor have I received any from your Lops,
since my last. The Defyance by which I have now ye honour to
write to your Lops, was first intended to saile the beginning of
August, but ye accidents wch. have detain'd her, have likewise
prevented my writing sooner. The news of Mountserrat's being
taken, and of ye enemy's appearing off of Antegoa some time
afterwards with a more considerable force, the number of their
ships being then augmented from 23 to 36 sayl and wch. seem'd to
favour a report there had been for some time of Mons. Du Guey's
being expected in ye West Indies, was, as I thought sufnciant
alarm for us to be upon our guard : and accordingly by ye
unanimuss advice of ye Council and of a Council of War, I laid
an embargo and caus'd marchal law to be proclaimed. I
communicated my intelligence with my designs to ye Admiral,
who seconded our endeavours by sending a ship to look into ye
enemy s ports to windward, and calling in ye squadron. But
whilst wee were preparing to resist a human force we were
shattered almost to pieces by one irresistable ; on ye 28th of
August at night there arose a hurican of wind and rain in so
violent a manner that it has been made a question whether ye
great earthquake did more damage to ye Island. It's fury
lasted from about \ an hour past 9 to almost 12, and raged most
from ye windward part of ye Island for about 80 miles to leward
on ye south side ; in wch. tract of country many houses and
works were thrown down, few escapt without being uncovered
or receiving some damage, and ye whole face of nature in ye
morning seem'd chang'd from a beautifull appearance of spring
to ye depths of a winter, there being nothing that was green to be
seen, and ye mountains as it were opened by ye fall of trees.
The particulars of ye loss in ye shipping I have here inclos'd, and
wch. I think has been confin'd to ye harbour ; the Monmouth
only met with ye storme at sea wch. carried away her masts
at once ; the trading vessels upon ye coast of Portobel and
Carthagena, had at ye same time unusual calmes, nor has ye
hurrican as I can learn reacht any of ye other Islands ; But ye
great damage with us is computed to be in ye canes and provision
in ye ground ; It was but in my last letter yt. I gave you an accot.
of ye prosperous condition of the planting interest of this Island.
The planters now say they are half undone ; such is the fluctuating
state of interests here. However, my Lords, it pleas'd God to
send a little dry wether after ye storm, and people had thereby
an opportunity to get ymselves cover'd again, or els in all
probability another misfortune had followed by a general sickness,
62 COLONIAL PAPERS.
1712.
whereas ye country is notwithstanding pretty healthy. This
did not hinder neither but such measures were pursued as were
thought necessary to secure us agt. ye enemy we expected (who
in ye condition we were in was still more to be feared) untill wee
reed, certain intelligence of their having left ye Indies, upon
wch. also by ye unanimuss advice of ye Council I immediatly
took off ye embargo and revived ye common law. My Lords,
tho' I can't accuse myself of being short in ye accot. I have now
given yr. Lopps., yet having sent you by this opportunity ye
Minuts of ye Council and of ye Council of War, I take ye liberty
to referr yr. Lopps. thither for a fuller detail of ye motives upon
wch. I have acted, and of what I proposed to be done whilst it
was thought by both Councils absolutely necessary to put ye
country into ye best posture of defence it was capable of. If
your Lops, please to give yourselves the trouble to inspect ye
Minutes of ye Council, you will likewise observe there at length
(and wch. it is impossible for me to abridge in a letter) some
examinations concerning several disorders and crueltys said to
have been comitted by ye privateers of this Island upon ye
Spaniards both on the coast of Carthagena and Cuba wth. what
has been resolved thereupon, but has not yet been brought to
any perfection ; and indeed our principal informations in those
cases (tho' I believe ym. too true) being from ye Spaniards them-
selves and ye facts alleadged against the privateers by ym.
controverted or deny'd, I find there is a good deal of difficulty in
ye prosecutions ; But I assure your Lops, nothing shall be wanting
in me to give all the discountenance possible to such practises
and all ye satisfaction I justifiably can to ye Spaniards. This has
been attended with a further inconveniency and wch. your Lops,
will also see more at large upon ye Minutes of ye Council ; some
of ye privateers suspected of those facts have been met with at
sea by ye men of war and by them have been taken on board and
there detained wth. some of their effects, and not discharg'd or
proceeded against as seizure, when brought into harbour. The
owners have hereupon comenct suites against ye Capt. of ye
man of war for their goods and detention of their men contrary
to ye American Act of Parliament, at wch. ye Admiral has been
offended, and complaints have been made to me from both sides
for reparation, yr. Lops, will find this matter clearly stated in ye
resolutions of ye Council, to whom I thought it was best to referr
ye examination, because I plainly perceived the Capt. of ye man
of war had gone farther than he could well justifye ; tho' ye
privateers might be guilty they were to be tryed according to
law, and this they insisted on, and there haveing been some
instances already of men being taken off ye shoar, the whole
Island took part wth. ym. in this ; so that I found myself obliged
to insist yt. ye men should be deliver'd on shoar into ye custody
of ye proper officer till their examination and tryall if sufficient
evidence could be had against ym. and ye goods taken to be put
into ye hands of ye Register of ye Admiralty to wait ye same
issue. I confess ye difficulty I have lain under to give satisfaction
to all sides ; the Comanders at sea have likewise complained of
AMERICA AND WEST INDIES. 63
1712.
their men being entic't away and entertain 'd by ye inhabitants
of ye Island, yr. Lops, will remarke by ye proclamation I publisht
wch. you will see entered in ye Minutes how much I have been
enclined to prevent any prejudice to H.M. service at sea, and
indeed my Lords I have endeavour'd by all other ways to give
those commanders all just and reasonable satisfaction ; at ye
same time not to sacrifize ye rights of ye people, of whom H.M.
had intrusted me wth. ye Goverment. There is my Lords ye
greater occasion at this time to give ye Island all just supports,
because of ye present misfortunes they labour under, and ye entire
decay of trade wch. ye merchants live in hopes will revive again
upon ye establishment of a peace so honble. and so advantagious
as that wee daily expect to hear off. The disorders wee have
been in from ye hurrican and ye apprehension of an enemy have
made it impracticable for ye Assembly to meet at ye time they
were appointed. They stand now prorogued to ye 14th inst.,
at wch. time I design ym. to meet and do bussiness. In my letter
to your Lops, of ye 8th of March, I took ye liberty to recommend
to you Mr. Brodrick's being restored to his place in ye Council
here. I find myself obliged in order to have ye assistance of a
full Council, whereas now I have often difficulty to get a quorum
together, to add two gentlemen, Coll. James Archbould and
Lt. Coll. John Sadler to that recommandation, in ye room of
Coll. Long, Edlyn and Mumbee, the first haveing been off ye
Island near 6 ye others above two years without any of them
having signify'd to me their intentions to returne. The characters
of ye gentlemen now propos'd to that trust are as agreeable to
H.M. Instructions upon yt. head, and in my humble opinion in all
respects more proper for ye good of H.M. service then any others
yt. I can at this time name. I herewith send ye Receiver Genii. 's
accts. made up to March last. Mr. Chaplin is now makeing up
ye last half year to Sept. 29th before ye Auditor, and Mr. Knights
is then to take possession of that office by virtue of a deputation
from Mr. Compere ye patentee. I likewise send ye lists of ye
regiments I promis't you in my last, and haveing viewed some of
them on this occasion, I am sorry to tell yr. Lops, wee musterd
in ye field much short of what appears upon ye lists, sickness I
am afraid will generally require allowances of a sixth part of our
numbers. But yr. Lops, will undoubtedly observe how very
smal a force at best (Coll. Handasyd's Regiment apart concerning
wch. I have in my former given yr. Lops, some accot.) and how
scatter'd a body of men wee are for ye defence of so large and
plentifull an Island, nay without a forreign enemy ye planters
could not conceal their apprehentions from their negroes when
I ordered but a regiment at a time together to view them, and it
was thought expedient to send a body of horse into those parishes
from whence ye foot were drawn ; indeed ye insolence of ye
negroes has been very great, insomuch that two white persons
have lately been cutt in pieces by ym. in ye Plantations in open
day ; and I cannot but from this consideration propose to yr.
Lops, thoughts ye necessity of continuing some regular forces
here at least for some time after a peace or untill wee can reap
04 COLONIAL PAPERS.
1712.
ye benefit of it by an addition of white people amongst us, or
otherwise this Island may be lyable to some very unlucky disaster
by an insurrection ; and I mention this matter thus early to
yr. Lops. yt. it may be considered of before a resolution be taken
to recall this regiment. Besides my Lords were all ye circum-
stances of this Island clearly before yr. Lops.' view, I am almost
perswaded you would be of opinion so many inconveniencys
are apt to arise from ye heat of this climate yt. we were not fit
to be trusted altogether wth. ourselves, and yt. at lest 300
men wch. might be independent companys and in that manner of
much less charge to H. M., would be necessary in time of Peace
to guarrison ye forts and keep other guards to wch. I attribute
much of ye quiet this Island has hitherto enjoyed, etc. P.S.
Oct. 18. Since I ended my letter, there are aryved here four
ships from Bristoll. I have had sent me by private hands
ye Queen's proclamation for a cessation of arms wth. France
for 4 months, but have not had ye honour of any commands
from yr. Lops., nor ye Secretary of State upon that occasion.
However I have countermanded some commissions to privateers
wch. I had before granted, and shall call in those that are
out as soon as possible. Ye Assembly met ye 14th inst. and
ye Council having prepared ye inclosed address wth. my
approbation, ye Assembly have concurred wth. ym., and
both have desired me to have it presented in ye properest
manner, wch. I conceive to be by ye hands of ye Earl of Dart-
mouth, to whom I have recommended it, to whom yr. Lops, will
please to transmitt it, etc. Signed, A. Hamilton. Endorsed,
Reed. March 28th, Read July 17th, 1713. 9f pp. Enclosed,
94. i. Accounts of H.M. fortifications in Jamaica, March 25,
Sept. 29, 1711. Signed, Char. Chaplin, Rec. Gen.
Same endorsement. 1% pp.
94. ii. Accounts of H.M. fortifications in Jamaica, Sept. 29,
1711 March 25, 1712. Same signature and endorsement.
2 pp.
94. iii. Account of H.M. Revenue in Jamaica, March 25
Sept. 29, 1711. Receipts and balance, 8370 11s. lOJrf.
Expenditure, 5453 12s. l\d. Same signature and
endorsement. 2 pp.
94. iv. List of outstanding debts on H.M. account, Sept. 29,
1711. 4725 15s. 6id. 1$ pp.
94. v. Account of H.M. Revenue, Sept. 29, 1711 March 25,
1712. Receipts and balance, 5423 Is. 9d. Expenditure,
2401 18s. Signed, Char. Chaplin. Same endorsement.
4 pp.
94. vi. List of outstanding debts on H.M. account, March 25,
1712. 3786 3s. ll^d. Same endorsement. 1 p.
94. vii. Account of H.M. Imposts, Jamaica, 1711, 3152 19s.
3fd. Signed, Char. Chaplin. Sept. 29, 1711. 2pp.
94. viii. Account of H.M. imposts, Sept. 29, 1711 March 25,
1712. 361 3s. Ifd. Signed, Char. Chaplin. Endorsed,
Reed. March 28, Read July 17, 1713. 2 pp.
94. ix. Account of H.M. quit-rents, fines, forfeitures and
AMERICA AND WEST INDIES. 65
1712.
escheats in Jamaica, March 25 Sept. 29, 1711. Quit-
rents, 177 2s. ll^d. Fines etc., 265. Same signature
and endorsement. 2 pp.
94. x. Account of H.M. fines, forfeitures and escheats, Sept. 29,
1711 March 25, 1712. 336. Same signature and
endorsement. 2 pp.
94. xi. Account of H.M. quit-rents, 46 18s. 6d., and wine
licences, 63 at 5, Sept. 29, 1711 March 25, 1712.
Same signature and endorsement. 2 pp.
94. xii. Address of the Governor, Council and Assembly of
Jamaica to the Queen, Oct. 18, 1712. Congratulate
H.M. on terms of peace, and return thanks for H.M.
protection during the war. Signed, A. Hamilton,
William Brodrick, Speaker. Same endorsement. 2% pp.
94. xiii. Copy of Minutes of a Council of, Warr held at St.
Jago Dela Vega, Sept. 1, 2, 1712. Measures of defence
against invasion resolved upon. Same endorsement.
lpp.
94. xiv. List of the 7 Militia Regiments (Colonels Henry Lowe,
Odoardo Lewis, James Archbould, Francis Rose, John
Wyllys, John Clarke, William Brodrick) in Jamaica,
Oct. 11, 1712. Total, 2451, and 7 troops of horse
(Captains John Peeke, Lewis Archbould, Richd. Aide-
burgh, Antony Swymer, James Guthrys, Thomas Rose,
John Cossly)=271. Same endorsement. \ p.
94. xv. (a) List of ships lost and damaged by the hurricane
(attended with an earthquake) in Port Royal Harbour,
Aug. 8, 1712. Driven ashore or sunk but afterwards
weighed up, with loss of masts etc : Wey mouth man of
war ; Salisbury prize ; Tryal sloop of war ; Jamaica
sloop of war ; Medway's prize ; the Galleoon hulk,
Baltimore gaily ; Foy frigate ; King William ; Tryal's
prize, August's prize ; Elizabeth's Good Luck : Sennet
of Bermudas ; Tryall sloop ; Rose-tree sloop ; Anne sloop ;
Elizabeth and Sarah sloop of Jamaica ; Eunice sloop of
Jamaica ; Supply sloop of Jamaica ; Ann sloop of
Jamaica ; Isabella sloop of Jamaica ; Elizabeth brigantine ;
Leopard brigantine ; Hawk-gaily snow. Lost : Tyger
gaily, beat in pieces ; Diamond gaily sank in mud ; August's
prize lost ; Union of Jamaica, sloop ; Society of Jamaica,
sloop ; Diamond of Jamaica, sloop ; Endeavour sloop of
Jamaica ; Content sloop of Jamaica ; Beginning sloop
of Jamaica ; Mesopotamia sloop of Jamaica ; Kingston
sloop of Jamaica ; Francis and Sarah sloop of Jamaica ;
Charles sloop of Jamaica ; Black Moll sloop of Jamaica ;
Adventure brigantine ; Mary Eose.
(b) List of ships lost and damaged at Kingston. Amy-
gally and Joseph-gally, ships of London, lost with all
hands, except their Captains ashoar. Mary and
Catherine, Unity, Nicholson frigate, ships of London,
run ashore ; Aleppo Factor, of London, lost masts ;
Beaufort gaily of Bristol, Lancaster pink of London,
Wt. 5622. C.P. 5.
t COLONIAL PAPERS.
1712.
Jamaica gaily of Boston, sunk and lost. Most of the
wherry s and canoas lost. All the wharfs at Kingston
destroyed. Same endorsement. 3 pp. [C.O. 137, 10.
Nos. 9, 9 i.-xv. ; and (without enclosures) 138, 13.
pp. 468-483.]
Oct. 10. 95. Governor, Lt. Governor, Council and Speaker of Antigua
Antegoa. ^ o ^he Council of Trade and Plantations, We have this day
wrote to the Lords of the Admiralty to give them an accot. of
Capt. Hamilton's and Capt. Constable's behaviour at a time
when Mr. Cassar with a squadron of 6 men of warr and several
merchants shipps and sloopes under his command landed at and
plundered Mountseratt and afterwards threatned the reduction
of the rest of the Leeward Islands, the coppy of which wee have
sent herewith, that in case the Lords of the Admiralty do not take
due notice thereof your Lordps. may make such a representation
to H.M. as you shall think proper. Our coast is very much
infested with the enemyes privateers and our merchants vessells
dayly taken in our sight for want of a man of warr constantly
cruiseing to windward which is not to be expected while there is
but one ordered to attend this government for while she is cleaning
or goeing with our Generall on the visitation of the other Islands
our windward parts are naked and the trade bound in exposed.
We therefore pray your Lordps. will make such application in
our favour as may procure two men of warr more to attend this
government dureing the warr. Signed, Walter Douglas, John
Yeamans, Jno. Hamilton, Edw. Byam, W. Codrington, Richard
Oliver, Geo. Lucas, Speaker. Endorsed, Reed, llth Feb.
Read 14th July, 1713. 2 pp. Enclosed,
95. i. Governor Douglas, Lt. -Governor, Council, and Speaker
of the Assembly of Antigua to the Lords Commissioners
of the Admiralty. It is with regret we trouble your
Lordships with a complaint, but when we see the
Commanders of the Queen's ships neglect their duty,
and by their ill conduct expose H.M. Collonys to ruine,
we think ourselves obliged to lay the same before you,
etc. On July 5th appeared off this Island a French
Fleet consisting of 32 sayle of shipps and sloopes
commanded by Monsr. Cassart, who attempted to land
July 6th about 2 of the clock in the morning, but were
happyly prevented by the violence of the weather,
which occasioned the loss of several of their boats,
and some of their men, whereupon they weighed and
stood away for the leewardmost part of this island, but
made no more attempts to land ; the same evening they
bore away to Mountserat, and next morning before
day landed on that island ; which they plundered and
destroyed, but did not intirely subdue it. As soon as
the enemy left us, our General dispatched an expresse
to Barbadoes to give the General of that Island an
accot. of our danger and to ask such assistance as he
was capable of affording us, who wee are informed
AMERICA AND WEST INDIES. 67-
1712.
immediately issued his orders to the Commanders of
H.M. shipps forthwith to come down to our releife, but
some scruples and debates ariseing amongst them,
delayed their sayleing some days after the arrival
of our expresse, in the interim we used our utmost
endeavours to draw the enemy from Mountserat ; our
General imbarked with about 600 land men on board
the 4 men of warr then here, and several sloops ; but the
weather proveing stormy, H.E. did not think it practic-
able to land ; however their appearance off the harbour
alarmed the French Fleet, and caused them to withdraw
their forces from Mountserat. A few days after the
return of our shipps, they were joyned by the six men of
warr from Barbadoes, and after their staying here two
days went out to releive Mountserat, but in their
passage met a boat from that Island which acquainted
them that the enemy had left it two days before and
were gone with their plunder to Guardaloope which
occasioned the returne of our men of war and sloops.
Five or six days after we were informed by our spie
boats yt. six shipps and several sloops of the French
Fleet were rideing in an open road at Guardaloope called
Bastar, and some English prisoners that were landed at
Mountserat from the French Fleet informed us yt. ye
enemy's designes were to take on board more forces
to attack us, whereupon the General, Council and
Assembly of this Island made application to Capt.
Hamilton and Capt. Constable setting forth the appre-
hensions we were under, and praying they would stay
with the ships under their command a fortnight amongst
us, in which time we might reasonably expect to have a
certain accot. of the enemy's designes ; and our General
told them if they thought fit to attack the enemy as
they lay at anchor at Guardaloope [? Ae] together with
Col. John Hamilton with what forces they could rayse,
would go on board the sd. Capt. Hamilton as volunteers,
and Col. Hamilton acquainted Capt. Hamilton yt. he
would secure his quarter deck wth. small shot under
his command, but all the reasons they could use could
not prevaile. Whereupon we sent a second letter to
Capt. Constable to tell him our opinions were that
when your Lordps. were acquainted with the cause of
his trespassing your orders you would pardon the same
in consideration of the smal proportion the detayneing
the trade at Barbados 15 days would bear to the loss of
the Leeward Islands, and withall told him if all we could
say had no influence upon him, and that the Islands
miscarry ed by his not granting this request, wee should
lay his conduct before the Queen and parliament, to
which we had no other answer than a verbal one by the
bearer of our letter telling us, that if he had resolved to
stay such a letter as wee sent, would hasten him away,
.68 COLONIAL PAPERS.
1712.
and tho' he did intend to use his utmost endeavours
to perswade Capt. Hamilton to stay (with the shipps
under his command) amongst us after his departure,
yet since wee had writ him such a letter, he would pre-
vaile with him to leave us. Wee have taken a deposition
hereof, and send it herewith, as also coppies of our
letters and Capt. Constable's answers etc. (Aug. 25),
whereby your Lordps. will perceive how little regard he
has to the Queen's honour, or the preservation of her
Collonys. Some time after the returne of the men of
war to Barbadoes, the French Fleet consisting of 9
shipps and about 15 sloops appeared a second time off
this Island ; and remained in sight four days to wind-
ward. On their first appeareance our General dispatched
another expresse to the Governor of Barbadoes to
acquaint him that the enemy was off, and in all
probability would attempt to land in few hours, and
desired he would send downe the men of warr to our
assistance. But no application had any effect upon
Capt. Constable until some gent, of Barbadoes presented
him with 400 and gave him assureance he should have
2000 in case your Lordps. disapproved of his comeing
down and broke him for the same. We shall desire
Governor Lowther to have the gentlemen who transacted
that affair interrogated upon oath and shall send the
same home to be laid before your Lps. After ye men
of war left Barbadoes and were on their passage hither
Capt. Hamilton by his Lieut, commanded our expresse
boat on board and tooke from the master thereof all
such letters as he found directed to anyone of this Island,
and made particular enquiry for the General's packet,
the cause of wch. we conceive was that he apprehended
the Governor and other gent, of Barbadoes had given
us full accot. of their conduct, wch. he might beleive
we should remit to you. After they came in sight of
this Island, they sent our expresse boat in to know
whether ye enemy were landed and at the same time
continued about 5 leagues off the shoar until the sloop
returned and gave them an accot. there was no danger.
Upon which they came in, from which we may reasonably
infer that if we had been actually attacked they never
intended to do us any service or would have afforded us
any releife and consequently their stay at Barbadoes
would have caused a greater apprehension in the
enemy then their comeing downe. We must acknow-
ledge our inadvertency in telling Capt. Constable we
should trouble ye Queen and parliament with a
complaint of his conduct, when your Ldps. are ye proper
judges on such occasions, and we have no roome to
doubt but you wil passe such a due censure on the
aforesd. Capts. as your Ldps. shall think they deserve.
We shan't presume to tell your Ldps. how much the
AMERICA AND WEST INDIES. 69
1712.
Leeward Islands were like to suffer and how exposed
we were to the insults of the enemy by the Captns.
of H.M. ships gratifyeing their private resentments
and interests and preferring the same to the honour of
H.M. and ye preservation of her Islands, when in all
probability our ten men of war might have destroyed
the enemy, who had but six men of war in their Fleet
and had 130 odd peeces of cannon less than ours, etc.
Signed and endorsed as preceding. 2 pp. [C.O. 152,
10. Nos. 2, 2 i. ; and (without enclosure) 153, 12.
pp. 94-96.]
Oct. 13. 96. H.M. Warrant to Mr. Attorney or Solicitor General to
Windsor prepare a bill for H.M. signature granting the place of Provost
Marshall Generall of Barbados to Erasmus Lewis (etc. as Sept.
25th), in place of George Gordon, deed. Countersigned, Dart-
mouth. [C.O. 324, 32. pp. 9 176, 177.]
Oct. 14. 97. Copy of H.M. Commission to Col. Francis Nicholson
Westminster. " f or enquire what monies, provisions, arms, ammunition, stores,
or other things did come to the hands or power of any our present
or late Governors, Lt. Govrs., Commanders in chief, officers,
ecclesiastical civil or military or other persons whatsoever in
North America upon account of the late expedition to Canada,
presents to the Indians, fitting of ships, propagation of the
established religion, or any other services since March 8, 1701,"
etc. To examine into the rates of exchange of bills, to state
accounts of what remains, to dispose of such stores as will not be
necessary to serve the uses for which they were at first provided ;
to enquire into the state of H.M. Revenue and Woods and the
state and accounts of the College of Wm. and Mary in Virginia ;
the numbers and qualities and accounts of H.M. forces in
New York, Annapolis Royal, etc., and of the Palatines ; to enquire
into clandestine trade and all frauds and abuses relating to the
premises ; and to treat with any H.M. subjects or Indians relating
to settlements, fisheries, trade or otherwise tending to H.M.
general advantage etc., with power to administer oaths to persons
able to give account of the premises. Governors etc. to give Col.
Nicholson access to and copies of papers required for these
purposes, and to assist him in the execution of his trust, etc.
Countersigned, Wrighte. Endorsed, Reed. 22nd, Read 31st Oct.
1712. 5pp. [(7.0.323,7. No. 19 ; and 324, 10. pp. 4-9.]
Oct. 15. 98. The Earl of Dartmouth to Governor Lowther. H.M.
Windsor having been pleased to constitute Mr. Lewis (Oct. 13) Provost
Marshall of Barbados, it is my request to you that you will
countenance and protect his deputys in the due execution of the
office and that you will assist him as much as lies in your power to
make all the just advantages belonging to it. Signed, Dartmouth.
[C.O. 324, 32. p. 177.]
70 COLONIAL PAPERS.
1712.
Oct. 15. 99- Lt. Governor Spotswood to the Council of Trade and
Virginia. Plantations. The arrival of the Dunwich frigat with H.M.
Proclamation for a cessation of arms, gives me the opportunity of
a few minutes to informe your Lordps. of the present scituation
of affairs in these parts. The Indians continue their incursions
in North Carolina, and the death of Coll. Hyde the Governor,
wch. happened the begining of last moneth, encreases the misery
of that Province, so much weakened already by their own divisions,
that no measures projected by those in the Government for
curbing the heathen can be prosecuted. This unhappy state of
H.M. subjects in my neighbourhood, is the more afflicting to me,
because I have very little hopes of being enabled to relieve them
by our Assembly, which I have called to meet next week ; for
the mobb of this countrey having tryed their strength in the late
election, and finding themselves able to carry whom they please,
have generally chosen representatives of their own class ; who
as their principal recommendation have declared their resolution
to raise no tax on the people let the occasion be what it will. This
is owing to a defect in the Constitution, which allows to everyone
tho but just out of the condition of a servant that can but purchase
half an acre of land, an equal vote with the men of the best
estates in the countrey. The Militia of this Colony is perfectly
useless, without arms or ammunition, and by an unaccountable
infatuation no arguments I have used can prevail on these people
to make their Militia more serviceable. The fear of enemys
by sea (except pirates) are now happily removed by the Peace,
which if on no other account than that alone, ought to be received
here as the greatest and most valuable blessing ; but the insurrec-
tions of our own negros, and the invasions of the Indians, are
no less to be dreaded, while the people are so stupidly averse
to the only means they have left to protect themselves against
either of these events. I shal for my own part take all the care
I am capable of (under these disadvantages) for the safety of
H.M. subjects, etc. Signed, A. Spotswood. Endorsed, Reed.
Dec. 29, 1712. Read Feb. 26, 17}. 2pp. [C.O. 5, 1316. No.
91 ; and 5, 1363. pp. 475-477.]
[Oct. 16.] 100. Alexander Strahan, Agent to the 4 Independent Companys
of Foot at New York, to the Council of Trade and Plantations.
Encloses following to be laid before H.M. Continues : I would
humbly offer it to your consideration, whether the accts. from
those parts of the defection of the five nations of the Indians may
not make this augmentation more requisite etc. Endorsed,
Reed. 16th, Read 31st Oct. 1712. 1 p. Enclosed,
100. i. Extract from Brigadier Hunter's letter to Alexander
Strahan, Jan. 1, 17j-. Urges him strongly to sollicite
the augmentation of the troops at New York, on account
of the building of two new forts in the Indian countrys.
" Another cogent reason is the, tarr manufacture, for
in time of peace I by these hands with a small allowance
to the workers for the working days only can pursue it
tho' the Palatines were not here, there is no doing with
AMERICA AND WEST INDIES.
71
1712.
Oct. 18.
Jamaica.
Oct. 20.
Windsor.
Oct. 20.
Windsor.
Oct. 20.
Windsor.
Oct. 20.
Windsor.
Oct. 20.
Barbados.
that turbulent race of men but a strong hand and severe
discipline. I have found all other mesures ineffectual,
and have been oblig'd to disarm them and keep them
to their work by a small detachmt. in their neighbour-
hood, etc. Whether they would regiment them, or add
2 company s independant, I am indifferent, but for
discipline sake, I wish they may be regimented. The
Governor being Col. needs no pay, the Major's pay is a
trifle, and the rest of the staff we have already." f p.
[C.O. 5, 1050. Nos. 53, 53 i.]
1 01 . Governor Lord A. Hamilton to [? the Earl of Dartmouth.]
Acknowledges letter of June 24th in favour of Mr. Lewis Galdy.
Signed, A. Hamilton. 1 p. [C.O. 137, 51. No. 63.]
1 02. Order of Queen in Council. Approving representation of
Sept. 8th, (g.v.) and granting H.M. royal pardon to Mars, a negroe,
Hosea and John, two Spanish Indians. Signed, Edward South-
well. H'pp. [C.O. 5, 11. No. 87.]
103. Order of Queen in Council. Approving representation
of Sept. 25, and confirming Act of Virginia to enable John and
Frances Cu-stis to sell part of Col. Parke's land entailed on the said
Frances, etc. Signed, Ja. Vernon. Endorsed, Reed. Read June
24, 1715. 1| pp. [C.O. 5, 1316. No. 116; and 5, 1364. pp.
206, 207.]
104. Copy of H.M. Commission to Francis Nicholson to be
General and Commander in Chief of the forces in Nova Scotia
or Acadia, and in Newfoundland. Countersigned, Bolingbroke.
Endorsed, Reed. Read Jan. 29, 17f|. 2 pp. [C.O. 217, 1.
No. 4 ; and 218, 1. pp. 34-36.]
105. Copy of H.M. Commission to Francis Nicholson to be
" Governor of our Province of Nova Scotia, or Acadia, in North
America ; and of our town and garrison of Annapolis Royal,"
etc. Signed and endorsed as preceding. 1 p. [C.O. 217, 1. No.
5 ; and 218, 1. pp. 36, 37.]
1 06. Governor Lowther to the Earl of Dartmouth. Captain
Bungo Hardman, Commander of the Blenford man of war, arriv'd
here with your Lordshipe's of Aug. 21st on the 10th inst., and
on the llth I published the proclamation your Lordship sent me
in relation to the Truce. The line that's mentioned in the
Queen's Proclamation, and your Lordshipe's letter, I take to be
the equinoctial line, and not the Tropick of Cancer as some
conjecture. I will do my utmost endeavour to see the cessation
of hostility duely complyed with, and shall punctually observe
H.M. commands in not sending any prisoners to Great Britain
without sending at the same time sufficient proofes of their
crimes. Signed, Rob. Lowther. Holograph. 1 p. [C.O. 28,
43. No. 79.]
72 COLONIAL PAPERS.
1712.
Oct. 20. 1 07. Governor Lord A. Hamilton to [? the Earl of Dartmouth.']
Jamaica. The Defyance by which I have now ye honour to write to your
Lop. was first intended to saile the beginning of August, but
ye accidents wch. have detain'd her, have likewise prevented my
writting sooner. Refers to letters to Board of Trade re imbargo
and martial law and the hurricane. People have pretty well
refitted their houses, and by ye favourableness of ye wether since
I hope their canes won't suffer so much as was at first expected.
But there are two matters wch. have lately happen'd and wch.
being national I have thought necessary to inform yr. Lop. of.
Both have been done by ye privateers of this Island against
what I presume was the intent of the American Act of Parliament,
tho' they seem to have evaded the letter of it ; one fact has been
ye robbing ye Spaniards near Carthagena, in an intercourse of
trade wth. ye Dutch, the other has been comitted on ye coast of
Cuba by using some crueltyes on ye Spaniards to discover their
effects and money in an intercourse of trade wth. English
vessels. Of these I have reed, complaints from ye respective
Spanish Govrs., and from ye Spanish and Dutch traders and from
our own, and have endeavour 'd to give ym. all possible assurances
yt. such actions, as being highly disagreeable to H.M. inclinations
towards ye Spaniards as well as ye Dutch, shall be strictly
enquired into and discourag'd ; I have order'd a prosecution on
ye Stat. of H.G.c.4, against ye first, and am advis'd by H.M.
Attorney General here that restitution may be thereupon decreed
out of ye effects wch. I have ordered to be detain'd in ye Agent's
hands belonging to that privateer. The second fact is not so
well prooved nor seems so obnoxious to any statute, tho' in this
too all shall be done yt. can by law. But my Lord it is from
the difficulty I meet with in such prosecutions and my inability
effectually to redress these disorders yt. more inclines me to give
yr. Lop. this information, etc. Recommends for the Council,
Mr. Brodrick (May 5), Coll. James Archbould and Col. John
Sadler in the room of Cols. Long, Edlyn and Mumbee, the first
having been off ye Island near 6, ye others above two years,
without any of them having signify'd to me their intentions to
return, etc. Prays his Lordship to present to the Queen an
Address forwarded to the Board of Trade, " wherein the body of
this Island have endeavour'd to express their duty to H.M. on
this happy occasion," etc. Signed, A. Hamilton. 2f pp. [(7.0.
137, 51. No. 64.]
Oct. 20. 1 08. Governor Douglas to [? the Earl of Dartmouth.] Acknow-
Antigua. ledges letter of Aug. 21st " with H.M. Proclamation for observance
of the Truce, which I have published in all the four Islands with
the usual ceremony and notifyed the same to the Governour of
Martinique and all whom it might concern : I have also made
some considerable progress in recovering the decayed trade and
credit of this Island, wch. was chiefly occasion'd by the late
confusions, and continued by ye present heats, and divisions, to
which, it's humbly hoped a few examples of justice wou'd put a
very speedy conclusion, the chief promoters of the many murders
AMERICA AND WEST INDIES.
73
1712.
and rebellion being supposed to have reached London befor now.
I shal take all imaginable care to see the cessation of hostilityes
duely complyed with. Your Lordship's further orders, in the
signification of H.M. pleasure, that none of her subjects be here-
after sent prisoners from the plantations to Great Britain, unless
sufficient proof of their crimes is sent at the same time, shal be
observed with all possible exactness, ' ' etc. Signed, Walter Douglas.
2pp. [(7.0.152,42. No. 93.]
Oct. 21.
Windsor
Castle.
109. The Earl of Dartmouth to Governor Lowther. The
enclosed petition of Richard Carter having been laid before the
Queen, H.M. was pleased to referr it to the consideration of the
Attorney Generall, whose report is annext. You will see it is his
opinion the petitioner ought immediately to be restored to the
exercise of his profession, and H.M. commands me to signify her
pleasure to you, that he be restored accordingly. Signed, Dart-
mouth. [(7.0. 324, 32. p. 178.]
Oct. 21.
St. Johns.
110. Archibald Cumings to the Council of Trade and Planta-
tions. In complying with your Lordships' commands, I take
leave humbly to represent to your Lordships the state of the trade
of this country. This year abundance of ships came to load fish,
but the bad fishery has obleidged a great many to goe away dead
freighted here has been some quantities of tobacco pitch and
tarr imported this year more then the country could expend so
it is shiped off for the Straights and for Portugall and one whole
sloop lading of logwood for the Straits contrary to the Acts of
Trade here is also brought in from Portugall and Fyall brandy
fruit oyl and bacon and sometimes limns and can vis of the
produce of that country contrary to law and shiped off for the
other Plantations. Also my Lords here oame an English ship
from Holland with canvis powder potts linnens and other
merchdize of that country and cordage which is contrary to law
and prejudiciall to the trade of Great Brittain. Refers to the
prejudice to trade by ships coming hither from Spain under
Spanish colours, etc. as April 22. Signed, Archd. Cumings.
Endorsed, Reed. Read Dec. 12, 1712. Addressed, f p. [C.O.
194, 5. No. 17 ; and 195, 5. ^.-285, 286.]
Oct. 24.
Windsor
Castle.
111. H.M. Warrant to Governor Lowther, directing him to
permit Erasmus Lewis (v. Oct. 13, 15) to execute his office by
Provost Marshal General by his deputy or deputys, " Wee having
thought fitt in regard to his being employed in our service as
Secretary to our right trusty and wel beloved cousin and
Councellor, William Earl of Dartmouth, one of our principal
Secretarys of State, and upon other considerations us thereunto
moving, to give and grant unto him our leave and licence to
continue and remain in this our Kingdom of Great Britain till
further signification of our pleasure," etc,. Countersigned,
Dartmouth. [C.O. 324, 32. pp. 178-180.]
74
COLONIAL PAPERS.
1712.
Oct. 29. 112. The Queen to the President of the Council of Maryland.
Windsor No Governor having been sent thither since the death of Col.
fcle ' Seymour, our petitioner Sir T. Lawrence Secretary of Maryland
still remains without redress, as ordered March 30, 1710 etc.
Wee accordingly signify our will and pleasure to you that at the
first Assembly which shall meet, after your receipt of these our
Letters, you do in the strongest and most earnest manner
represent to them that the several orders Wee have made in
Council and letters Wee have been pleased to write in his behalf,
after his case had been fully examined by Our Commissioners for
Trade and Plantations and by Our Attorney General, who all
agreed in representing the hardship thereof, have hitherto meet
with no complyance, but that on the contrary because Wee had
laid our commands upon Governor Seymour not to pass any law
for the future whereby the advantage of the licences to ordinarys
should be taken for the Secretary's Office the Council and
Assembly at that time being did on Dec. 3, 1708, pass an ordinance
directing and empowering the Justices of the County Courts to
grant licences to ordinary keepers and to take recognizances for
their keeping good rules and orders in their houses and settling
the rates of liquors etc., which pretended ordinance being contrary
to commission to our Governor wherein it is expressly declared
that laws, statutes and ordinances shall be passed by him with
the advice and consent of the Assembly is therefore null and
void and this proceeding altogether unwarrantable and illegall.
You are further to acquaint them that Wee expect they should
forthwith pass a law for regulating ordinarys without limitation
of time or at least for a longer duration than it has hitherto been
made and that the benefit of the licences be thereby appropriated
to the use of the Secretary for the time being as fully to all intents
and purposes as the said Sir T. Lawrence or any other Secretary
of that Province hath at any time heretofore had or lawfully
enjoyed the same, and that Wee do further expect that they give
to Sir T. Lawrence an equitable consideration for the mean profit
of the said office which he hath lost since 1704. And it is Our
further will and pleasure that you use your utmost endeavour by
pressing these matters home to them and by all other proper ways
and methods (the choice whereof wee leave to your prudence and
discretion) to procure a complyance with these Our commands.
Countersigned, Dartmouth. [(7.0. 324, 32. pp. 184-188.]
113. G. Bonnin to the Earl of Dartmouth. I am sent here as
an eye-witness and on(e) of the chief evidences of that unparalleled
rebellion and murder of Antigoa by a special warrant of Col.
Walter Douglas against Sam. Watkins and Dan. Makinen and
others to come, as chief actors in that barbarous fact. Prays
for maintenance if he must wait long, etc. Signed, G. Bonriin.
Endorsed, R. Nov. 1. Addressed. 1 p. [C.O. 1, 1. No. 21.]
Oct. 29. 114. Commodore Sir Nicholas Trevanion to [? the Earl of
h rlC h in h st ' Dartmouth.] I writt you by Capt. Owen in the Solebay which
r ' brought me your letter and the Queen's Proclamation. Att the
Oct. 29.
London.
AMERICA AND WEST INDIES. 75
1712.
latter end of September the men of warr under my command had
taken 5 prizes of considerable value three of which their men was
sent to Placentia. I immediately sent an express to Monsr.
Cost-De-Bel, the Governour, that if the officers and men would
return their ships shou'd be restored ; the other two I gave
liberty that they might proceed on their intended voyage ; now
the men are return'd from Placentia with a letter from the
Governour (enclosed). And I have restored their ships to their
great satisfaction. I sent three expresses and this comes by the
second, and I doubt the first is lost. I leave this Island in a very
good condition and the people very well satisfied, etc. Prays
to be appointed to settle affairs here in the spring, if Placentia
is to be delivered up etc. Signed, N. Trevanion. 2 pp. Enclosed,
114. i. M. de Costebelle to Commodore Sir N. Trevanion.
Plaisance, Nov. 3, 1712. Accepts his offer as above,
and sends 4 dozen of wine, and begs to be allowed to
purchase a box of soap and candles. I am told that some
of our fulibustiers contrary to the laws of war and my
orders, have committed outrages on your territory.
If I can learn the names of these scoundrels, I will have
them punished as they deserved, etc. Signed, De
Costebelle. French. 3| pp.
114. ii. Address of the inhabitants and merchants of New-
foundland to the Earl of Dartmouth. Return thanks
for so early a notification of the cessation of arms, and
pray that Sir N. Trevanion may be continued as
Governour, etc. 97 signatures. 1 p. [C.O. 194, 24.
Nos. 10, 10 i., 11.]
Oct. 29. 115. Commodore Sir Nicholas Trevanion to the Council of
T , For *v in h st - Trade and Plantations. In complyance with the orders that I
ur ' reed, from your office, this brings you an acct. of the condition
and state of Newfoundland. 'Twas the 18th Sept. before I
arrived ; I have done what lies in my power for to settle the
inhabitants ; and to decide all matters relateing to the affairs
of the country ; Monsr. Cost-de-Bel Governour of Placentia has
given me his word, he will nott make them uneasie till he hears
farther from France. I have writt to the Principal Secretary of
State, and to Lords of the Admiralty ; that I may come hear the
next year to settle this country if it be a peace ; I desire the interest
of your honble. Board. Signed, N. Trevanion. Endorsed, Heed.
Read Dec. 10, 1712. 1 p. Enclosed,
115. i. By Sir Nicholas Trevanion, Krtt., Commander of
H.M. ships and garrisons and Governour in Chief att
Newfoundland. A record of several Courts held att
St. Johns for the better discipline and good order of the
people, and correcting the irregularities by them
committed, contrary to good laws and Acts of Parlia-
ment, all which was debated att severall Courts held ;
wherein was present the Admirall and Vice-Admirall,
merchants, and cheif inhabitants, and witnesses being
examined, it was brought to the following conclusion
76 COLONIAL PAPERS.
1712.
Article (i) That orders be put up att publick houses, and other
convenient places, for the suppressing drunkenness,
cursing, and swearing, and other irregularities. (ii)
Whereas it was confirmed last year by Capt. Josiah
Crow, that Mr. Jacob Rice, minister of St. Johns, was to
have from the shallops 3, the two-men boat 2, and the
skiff one quintals of dry merchandable fish, and I find
that the planters are very backward in paying him
though they gave from under their hands ; he informs
me he gott but 100 quintal Is of fish, this fishing season ;
I do confirm what Commandore Crow, and the Court
with the inhabitants did agree to, for the minister's
subsistence and to encourage the Minister to remain in
this country, (iii) I do confirm John Collyns Esq.
Governor of Fort William of St. Johns, and that it is
appointed, during the cessation, that 20 able men lies
in the Fort every night, (iv) I granted a warrant to
call Mr. Benger before me, relating to Sir William
Hopkins' plantation att Ferriland, which is now in the
possession of the Widow Clapp, and the tenement that
was formerly in the possession of Sir David Kirk, but
Mr. Benger did not appear in Court, (v) Mrs. Benger,
wife of James Benger did appear relating to a tenement
formerly in the possession of William Bennett deed.,
and Mrs. Benger is willing to allow to the heirs of Bennett,
to one Tomson Reeve 10 per annum till it is further
decided, (vi) As to what has happened to other matters
between the merchts. and masters of ships, and planters
and boatkeepers, relating to debts, I don't mention the
parties being satisfied.
(Replies to Enquiries, v. Aug. 2.) (i) As to the numbers of
English planters etc. v. scheme annexed, (ii) The
planters receive sustenance from the countries, and kill
but very few beavers, and other wild beasts, (iii) The
inhabitants have most part of their salt provisions from
Ireland ; the fresh provisions as bread, pease and other
necessaryes, from New England and Pensylvania,
they have their salt from Lisbon, and the Isle of May ;
and in war time from prizes brought in here, (iv) I
have given strict orders, that no trees should be cutt
down or rinded, nor woods sett on fire, but what is
necessary for the building of the stages and other
uses, which I hope will be duly complyed with, and that
there is no trees cutt down upon the account of making
oyle. (v) I have took all the care I could ; to settle
all matters between the fishing ships, and planters ; to
possess the fishing ships with what was their right, and
the planters with theirs, there has been severall
complaints of that nature, and I have done what lies
in my power, to settle it for the little time I have been
here, not arriving till Sept. 17th. (vi) I have had no
complaints of the fishing ships ; that the inhabitants,
AMERICA AND WEST INDIES. 77
1712.
or by-boat keepers, have possessed their stages, cook-
rooms, or train-fatts, or other conveniences, but att the
arrivall of the ships they have had quiett possession,
(vii) I have took all the care that I could that the
by-boat keepers and fishing ships do carry such number of
freshmen and greenmen in proportion to their respective
companies as the Act directs me. (viii) I have had no
complaints from any persons that there is any expunging,
cutting out, or altering, any marks of any boats or
trainfatts, or converting them to their use, or removing
the same from the places where they have been left by
the owners, (ix) I have had no complaints from any
persons that there is any person leaving the country ;
or any other time, that they do not destroy, deface or
do any detriment, to the stages, cookrooms, etc. ; or
to the material! s thereunto belonging which had been
possessed either by himself or others, and that all
persons during their stay here, does content themselves
with what is necessary for their own use, and repair
the defects that may be in their stages or other conve-
niences by timber fetched out of the woods, and that they
do not committ any spoil upon stages already built.
(x) I have had no complaint that any Admirall, Vice-
Admirall. and Rear- Admirall of any Harbour do ingross
any more beach or flakes then they pitch upon at their
arrivall. (xi) Att my arrivall here I sent proper
orders to all the Admiralls of the harbours, to give me
an account as my Instructions directs me, and likewise
to the cheif planters of every little cove, to give me an
account of what boats, and fish, and of the inhabitants
living in that port, (annexed), (xii) Att my arrivall
here, I held a Generall Court twice a week, the Admirall
and Vice-Admirall att my assistance, and whatever
differences happened, we endeavoured to settle it,
relating to planters and boatkeepers, servants, etc.
(xiii) I took care to send to all the Captains of the men
of war and Admiralls of the Harbours ; that no ballast
should be thrown out of any ship to the prejudice of
that harbour, which they have assured me they have
complyed with, (xiv) There has been due care taken
that the inhabitants, boat keepers and fishing ships,
and all others concerned in fishing, that their offalls, has
not been any ways offensive ; their stages being so near
the water, they throw it in, so that it's presently washed
away, (xv) I took all possible care that the Lord's
day should be duely observed, by the inhabitants and
ships' companies, by sending a watch att sermon time,
and setting up of strict orders, and where I have found
any so offending, I took due care to give them corrections,
both housekeepers and the agressors. (xvi) There
is none but H.M. subjects that fishes or takes bait in
these ports that are inhabited by the English, (xvii)
78 COLONIAL PAPERS.
1712.
There is great care taken that the fish is preserved with
good salt, and sent to markett in a very good condition,
(xviii) There is no wine nor brandy brought from New
England ; only rum and molossus, which is the liquor
the servants drinke in this country ; it has proved a
very bad year of fishing, so that the planters are in
debt for themselves and servants, to the masters of
ships and merchants, wch. they are to pay the year
ensuing, if they are able, (xix) It was Sept. 17th before
I arrived here, so that I could not gett the masters'
names ; for most of them were gone before my arrivall,
but you will find by the scheme there was 20 sail
belonging to America, they brought bread, pease, rice,
rum, tobacco, molossus, and cattle, and other necessaryes
to supply the inhabitants of this country, (xx) The
provisions brought here is from England, Ireland, and
New England, and it is disposed of here to the planters
and inhabitants, for their subsistence ; the New
Englandmen return home in their ballast, (xxi) I gave
you an account in the former article of the provisions
brought hither, there is sugar and tobacco, but I can't
find any cotton-wool, indico, ginger, fustick, or any
dying wood that is brought here, nor any put on board
of any ship bound for Spaine, Portugal!, or any other
forreign part, (xxii) and (xxiii) v. No. 115, ii. The
food and sustenance for the men is beef, fish, pease and
other provisions, what they can gett, their beer is brewed
with molossus and spruce. They goe out of the harbours
in shollops 7 men and 5 men in a boat : They catch
their fish with hook and line. The first part of the year
their bait is muscles and lances, and about the middle
of June, their bait is capleing, squid and fresh herring ;
and the end of the year they fish with herring only,
which they have nets purposely for taking the sort of
bait, (xxiv) The price of fish this year is from 30 to 36
ryalls per quintall, good merchanable fish ; the broken
fish which they call refuge fish is sold for 20 ryalls per
quintel, and carried to Spain and Portugall, and the oyle
that is made of the livers of the fish, is carried to
England : the value of the oyle is 16 per tun. (xxv) v.
No. ii. They load with dry fish, bound to severall ports,
as Spain and Portugall ; but there is 8 ships this year
that could not gett their loadeing, and was forced to go
in their ballast to Virginia to seek freight, (xxvi) I
have given strickt charge to take care not to discharge
any men but to carry back what they brought from
England, (xxvii) I have made the best enquiry I can
to know what inhabitants there are att Placentia ;
there are 500 men and 200 women and children. There
has been great quantities of fish catched there this
year and sold for 22 ryals a quintal, (xxviii) There is
a fort and platform consisting of 60 guns ; ammunition
AMERICA AND WEST INDIES. 79
1712.
and victualls they have from France and Canada, what
quantities of ammunition I can't be informed with,
and provisions there is no want, (xxix) As to the
number of ships from Placentia this year was about
30 sail, which most of them came to make a fishing
voyage, and some to buy fish in order to carry to markett,
which came there with necessaries for their subsistence :
the ships that fish upon the banks, is taking of codd and
salting of them, and carrying of them in bulk to France,
and in the Bay ; they fish upon the coast of Canada,
and salt their fish after the same manner, (xxx) There
is no other nation besides England and France, except
the Spaniards come by stealth, into harbours where
they are not discovered, (xxxi) As to the New England-
men, I have took care to see them all out of port, so
that they may not carry away any of H.M. subjects.
1 pp.
115. ii. Scheme of the Fishery of Newfoundland. Fishing
ships, 66 ; Sack ships, 17 ; ships from America, 20.
Burthen of fishing ships, 8000 tuns. Men belonging to
the ships, 1423. Fishing ships' boats, 198. By-boats,
70. Inhabitants' boats, 300. By-boatmen, masters,
75, servants, 520. Quintals of fish, made by fishing ships,
20,030 ; by-boats, 13,900 ; inhabitants' boats, 30,500 ;
Total, 64,430. Quintals of fish carried to market,
57,550. Quantity of train made by fishing ships, 180
tuns ; by-boats 150 tuns, inhabitants' boats 336 tuns ;
Total, 666. Number of stages, 389. Number of
inhabitants ; men, 1509 ; women, 185 ; children, 323 ;
Total, 2017. Signed, N. Trevanion. York, in St. Johns
Habr. Oct. 29, 1712. 1 p. [C.O. 194, 5. Nos. 16,
16 i., ii. ; and 195, 5. pp. 271-284.]
Oct. 29. 116. Governor Dudley to Lord Bolingbroke [my Lord Bullen-
Boston, brook}. I humbly congratulate your Lordship's advancement,
New England. an( j smce mv Lord Dartmouth's removal, pray to be allow'd
to represent the present state of affayres in H.M. provinces where
I have the honour to command. I have had a hard summer to
prevent the inroads of my French and Indian neighbours from
Quebeck. Early in the spring I sent a party of 60 men 250 miles
into the deseart between us and Quebeck, where they cut of a
small factory of Indians, of whom they destroyed tenn of their
best men, and the rest fled towards Mountreal, and left their
beaver and pelts in the English hands. This party gave notice
and alarm to M. Vodriel, who supposing us to be more then we
were, raised 200 Indians and French who come upon our frontiers
of this Province and Newhampshire for 7 or 8 weeks flying from
place to place, which obliged me to keep out 300 foot and two
troopes of horse the most part of the summer, which prevented
their falling upon any village of our frontiers. At length they
march'd of, carrying with them only the heads of two little girles,
and since the middle of September I have been at quiet. A few
80 COLONIAL PAPERS.
1712.
dayes since I have receiv'd from Sir Nicholas Trevanion H.M.
proclamation for a cessation of armes, which I have madepublique,
the gentlemen of H.M. Councill and the Representatives of the
Province and the first regiment of this town in armes attending.
And the articles which H.M. in her princely wisdom has procured
demonstrate her care for all her good subjects, especially those of
North America, as well as her superior interist in the disposation
of the affayres of Europe, to the satisfaction of all good men that
love the Government and their own interest. I have obeyed
H.M. commands in the Instructions to return bills of exchange
for the experices here, which are humbly laid before my Lord
Treasurer. The great affayres before H.M. relating to the warr
must content everybody in the delay of lesser matters, and the
merchants concern'd must have patience, but I most humbly pray
of your Lordship that they may not be forgotton least it be a
discouragement to any future service from them as well as the
undoing those that made those supplyes and depend on their
bills. I am sensible that expedition ended very unfortunately,
but I beseech your Lordship to believe me there was nothing
left undone in the power of these Governments that it might
have succeeded, and I humbly pray they may be satisfyed in
their just expectations. I am inform 'd that some Clerks and
Accountants were intended to be sent to examine those accounts,
nothing shall be more acceptable to me then to receive them here,
and yeild them all assistance for H.M. satisfaction. I am not
personally concern'd one farthing in all those accounts. And if
they can be shortned by any examination, I will approve myself
to H.M. and my Lord Treasurer by assisting in it with all applica-
tion. But if after all my sincere endeavours in that affayr, I
should lose my reputation with the people here, and H.M. favour
I should be the most unfortunate man liveing, etc. Signed, J.
Dudley. 2pp. [C.O. 5, 751. No. 82.]
Oct. 29. 117. Governor Dudley to the Council of Trade and Planta-
New England, tions. Refers to letter of April 8th and acknowledges receipt of
>ston. i e tt er o f Feb. 1st requiring an account of stores of war etc. All
these stores left by Generall Hill could not be in the year's account
ending June 24, 1711 already sent but are now making ready to
come in the mast fleet, wherein the thousand small armes will be
contayned, of which I am advised by the Rt. Hon. the Lord Dart-
mouth, Feb. 13. That supply and a happy peace by H.M. most
gracious provision for us, I hope will secure us and prevent our
being further chargable to H.M. on that head. I humbly thank
your Lordships' favour to Mr. Wentworth, whose warrant to
serve in H.M. Councill is receiv'd and he is sworn, and serves
very well being a man of good estate and loyalty. In the article
of that letter referring to the division line between H.M. Province
of the Massachusets and the Colonyes of Conecticut and Road
Island, I had no reference to the petition of Wayt Winthrop and
others referring to land in the Narraganset country, but only to
the division line between the Massachusets and the two other
Colonyes. That matter stands thus, in 1628 the Massachusets
AMERICA AND WEST INDIES.
81
1712.
Charter [was] granted by King Charles I to severall gentlemen,
and the bounds [of] the grant therein exprest and set down and
the south bounds of the said grant were to be three miles southard
of Charles River, or any branch of it, etc., by an east and west
line, which was accordingly run by skilfull artists and markt
out in 1642, and the Surveyors' returns upon record, etc. In
1662 Conecticut and Road Island obtayn'd their charters, and
were both bounded by the south line of the Massachusets, which
lines they have since pretended to examine, and alledge that it
comes too far southward, and so deprives them of lands belonging
to those Colonyes. The Government of Road Island two years
since sent some members of their Generall Assembly to treat
about it, and upon a conference of two or three dayes were better
informed and submitted to that antient line, run before the grant
of their Charter, which agreement was accordingly signed by
them, and is of record in both the Goverments, but the Colony
of Conecticut remayn unsatisfyed and there has been suits at
law for damages thereabout, and I have been often told that they
had layd their complaint before H.M., which was the reason
I wrote thereupon to your Lordships, as I am commanded in
the Instructions for this H.M. Goverment. The inhabitants of
this Goverment adjoyning to Conecticut are at a tolerable
quiet at present, but the chalange will hardly be ended untill
H.M. upon a full hearing shall please to determine the controversie,
which will demand time when H.M. more important affayres
will allow. I have passed the summer with my French and
Indian neighbours tollerably without any considerable loss, and
have now received from Sir Nicholas Trevanion at Newfoundland,
H.M. proclamation for a cessation of armes, which every good
man here hopes will be followed by a happy peace agreeable to
those articles wherein H.M. has shew'd her princely wisdom
and care for all her subjects in North America, and will give them
leave to return to their imployments for their own benefit, and the
supply of Great Britain with naval stores, and what else they may
be directed to for H.M. service, which I shall put forward with all
dilligence while I have the honour to serve H.M. here. Signed,
J. Dudley. Endorsed, Reed. Dec. 29, 1712, Read July 6th, 1713.
2 f PP> [C.O. 5, 865. No. 93 ; and 5, 913. pp. 422-426.]
Oct. 29. 118. Governor Dudley to Mr. Popple. Acknowledges letters
New England, of June 1st and 13th. I am surprised to read the death of the
Boston. Earl O f Wmchelsea, efc -> etc - Signed, J. Dudley. Endorsed
as preceding. 1 p. [C.O. 5, 865. No. 94 ; and 5, 913. p. 427.]
Oct. 29.
Boston.
119. Governor Dudley to the Earl of Dartmouth. Acknow-
ledges letters of Feb. 13, and July 2nd and 8th. Repeats parts of
No. 117. Concludes : I have served H.M. here faithfully these
ten years, and the country has been well defended to the
observation of my enemyes, if I have any, and I have left nothing
undone to the observation of the Ministry in all things, and have
had but a mean support, and yet am not willing to lose my station,
if I may have H.M. favour to continue in it, etc. Signed, J.
Dudley. If pp. [C.O. 5, 898. No. 24.]
Wt. 5622. C.P. 6.
82
COLONIAL PAPERS.
1712.
Oct. 30. 120. George Lee to the honblo. Sir Stephen Fox att his
Boston in lodgeings in Whitehall. A letter on private affairs. Thanks for
; d. care of his family, etc. and endeavours to procure him a captain's
commission, which he hopes will be done when the establishment
of Annapolis and Placentia is settled, etc. Signed, George Lee.
Endorsed, Rd. Jan. 1st, 1712 (13). 2i pp. [C.O. 5, 751. No.
83.]
Oct. 31. 121. Council of Trade and Plantations to the Earl of Dart-
Whitehall, mouth. Enclose Mr. Cunynghame's letter of Aug. 12 (cf. Aug.
29th). [C.O. 153, 12. p. 21.]
Oct. 31. 122. Governor Hunter to the Council of Trade and
New York. Plantations. I had ye honour of your Lordps.' letter of June
I2th by the hands of Mr. Dupre, who arrived here on ye 18th
inst. having left ye Sorlings man of warr when she touched at
Rhode Island. Since ye arrival of that ship Capt. Graves in the
Dullidge brought me H.M. Orders and Proclamation for a cessation
of arms by sea and land, who being in hast to proceed to Boston
with the like dispatches and from thence straight for Brittain,
I have not time to give your Lordps. soe exact and perticular
accounts of ye affaires on this side as is requisite, but shall supply
that defect by the Hector and Shoreham who are now prepareing
for their returne. I most humbly and heartilly thank your Lordps.
for the honour and justice you have done me in your Representa-
tions to H.M. and that to my Lord High Treasurer, and must
suffer with patience untill the more important affaires at home
shall afford leasure to apply ye proper remedy s. It would be a
crime to doubt it after what you have done. As to ye Palatins,
my substance and creditt being exhausted, I had noe remedy left
but by a letter to the managers of ye work to intimate to that
people that they should take measures to subsist themselves
dureing this winter upon the lands where they were planted,
and such as cold not, might find it by working with the inhabitants
leaveing with the Commissarys their names and the names of
ye places or landlords where they are imploy'd dureing that time,
that they may be in readyness upon the first publick notice given
to returne to ye work which they have obliged themselves by
contract to pursue. Upon this intimation some hundreds of
them took a resolution of possessing the lands of Scoharee and
are accordingly marched thither, have been buissy in cutting a
road from Schenectady to that place and have purchased or
procured a quantity of Indian corn toward their winter subsis-
tance. It being impossible for me to prevent this, I have been
ye easier under it upon these considerations that by these meanes
the body of that people is kept togeather within ye Province,
that when it shall please H.M. to resume the designe of prosecute-
ing that work that body at Scoharee may be imploy'd in working
in the vast pine- woods near to Albany, which they must be
obliged to doe haveing noe manner of pretence to ye possession
of any lands but by performing their part of the contract relateing
to that manufacture, and that in that sittuation they serve
AMERICA AND WEST INDIES. 83
1712.
in some measure as a frontier to or at least an increase to the
strength of Albany and Schenectady, but if ye warr continues, or
should by any misfortune break out again, it will be neither
possible for them to subsist or safe for them to remain there,
considering the ill use they have already made of arms when
they were intrusted with them. The tarr work in the mean time
was brought to all ye perfection that was possible in the time.
The trees have received their last preparation, and staves
prepared for the barrells, the magazine almost finished and ye
road betweene it and ye pine woods almost compleated. Mr.
Sackett who has had ye direction of that work ever since Mr.
Bridger did basely desert it, assures me that the trees promise
beyond expectation ; the best of it in our present circumstances
is that ye longer they stand now the more tarr they will yeild,
provideing it does not exceed a year or two. The reasons of the
difference between the method of prepareing the trees which
your Lordps. have transmitted to me and that we follow are
obvious. The sun has much more force here than in Moscow,
which oblidges us to consult and follow the seasons of the yeare in
our several barkings. I myself e have observed that where by
mistake the trees have been first rinded on the side where the
sun's heat had most influence, the ground neare it was filled with
turpentine drein'd by't from ye tree. My freinds in England
who know nothing of ye matter press mightilly the sending over
a quantity of tarr to convince the world of the solidity of ye
project. To your Lordps. I referr them who are sufficiently
appriz'd of the time absolutely requisite to produce ye first
quantity in the manner it is done in all other countrys from whence
wee have had it, and shall conclude this subject with this reflection ;
If ye production of that quantity of tarr requisite for ye Navy
in H.M. own plantations be a reall advantage, or rather at this
time indispensably necessary to Great Brittain, if the world is
convinc'd that tarr is made out of pitch pine, of which we are here
sufficiently perswaded our trees yeilding as much turpentine,
(which is ye same substance) as any in the world, if a sufficient
number of hands duely instructed and imploy'd are ye instruments
and means of produceing it, which are now here at great expence
and soe imploy'd, if all this I say be true as undeniably it is,
then I shall still conclude it impossible that this design can
be dropt when it is brought soe near to ye pitch of perfection.
By the inclosed Minutes of Assembly your Lordps. will observe
that nothing is yet done or to be expected from them toward the
support of Government. I communicated to them as I was
directed your Lordps.' sentiments with relation to their pro-
ceedings. What regard they pay to them, your Lordps. will be
appris'd of by their resolves of Oct. 30, whereby they still insist
upon ye Councill's haveing noe right to amend money bills, a
notion but lately broached, the practice of almost all former
Assemblys standing on record against them in that matter.
The indecent heats and undutifull expressions in their house upon
the reading your Lordps.' letter are not fitt to be repeated.
Two things they avowedly declare they will never depart from,
84 COLONIAL PAPERS.
1712.
that is the appointing of sallaries and the custody of ye publick
money, and now haveing for severall years starved the Govern-
ment, they consume the time dureing their severall sessions in
bantering it, that is by prepareing bills which they know can never
pass, and others which if passed would raise noe money, whilst in
the mean time their frequent sessions cost the country more
money than an honourable support of Government would amount
to. I have nothing to hope for from a new Assembly for ye
reasons formerly alleadged to your Lordps., which experience
has since that time connrm'd, the same members being return'd
for ye last to one man. I shall only add, and I pray God my
prediction may prove false, the remedy for those evils if delay'd
will cost more then ye Province is worth. Such bills as shall
passe my consent this sessions shall be transmitted by the next
conveyance. My constant attendance on the Assembly here
hath oblig'd me as constantly to prorogue that of the Jerseys.
Neither can I promise my self e any good issue from that meeting,
if those gentlemen formerly mentioned continue in the Councill,
that faction upon all occations vilifye and affront the Government
in all it's branches. One of them Peter Sonmans, an alien, lately
after haveing given orders to a servant of his (to whom it seems
dureing a former administration Mr. Bass had intrusted the
Records of the Eastern Division of that Province) not to show
them to those who had not only my order but Mr. Basse's for
that purpose, upon heareing of a second application and
complaint to me from the parties concerned, thought fitt to
break open the trunck in which the Records had beene kept and
carry them out of the Province. Some time after the Cheife
Justice haveing issued out his warrant for a search, and another
for apprehending the said Sonmans, the Records were sent
from New York by a permitt for Philadelphia. But Mr. Basse,
who is likewise Surveyor of the Customes at Burlington, as he
affirms to me suspecting there might be some prohibitted goods in
the said trunck when at Burlington, and haveing a key sent him
by an unknown hand sealed up in a blanck peice of paper, had ye
curiosity to open ye trunck, where to his great surprize he found
all the Records of the Eastern Division safe and sound, and
swears he will now never part with them more but with his life.
I suppose ye collusion is palpable enough to your Lordps., but I
shall make all more plain by the next conveyance. In the mean
time the taxes are paid with daily difficulty and prosecution
occasioned by the ill example and countenance of some of these
gentlemen and matters of Government in the high road to the
same confusion that raigns in this Province, whilst the remedy
is easey and noebody hurt by't. Our Indians are now quiet
againe, a very good Fort and Chappell built in the Mohak's
country, where I have at present 20 private men and an officer,
the other in the Onondagues country is like to meet with some
opposition by ye evil arts of French emissarys, but I hope to
get ye better of that and carry on ye work this summer. The
Missionary for ye Mohaks is arriv'd and upon his departure for
his mission, I doubt not but he will be kindly receiv'd, etc. P.8,
AMERICA AND WEST INDIES.
85
1712.
I need not inform your Lor dps. of the loss that must attend ye
interruption of ye tarr work if it is resumed by reason of ye want
of a yearly succession of prepared trees. Signed, Ho. Hunter.
Sndorsed, Reed. Dec. 29, 1712, Read March 11, 17||. 7 pp.
[C.O. 5, 1050. No. 58 ; and 5, 1123. pp. -10-19.]
Oct. 31.
New York.
123. Governor Hunter to the Earl of Dartmouth. Refers to
enclosure. Acknowledges letter of July 8th, which gave us no
small comfort, assureing us of the remittances for the publique
service being speedily answer'd. Copies of all my vouchers went
home by the Virginia Fleet, etc. Acknowledges letter of Aug. 21st,
etc. The Fort in the Mohaks' countrey is built and garrison'd by
an officer and 20 men who are very well received. That in the
Onondagues is like to meet with some obstruction which I make
no doubt to conquer. I must earnestly intreat your Lordp's.
generous assistance toward a remedy for my present insupportable
pressures. If I had so much as in a thought departed from H.M.
interests, service, and commands, I should not think myself
intitled to 't, but upon that confidence I throw myself at your
Lordp's. feet, etc. Signed, Ro. Hunter. Holograph. 2 pp.
Enclosed,
123. i. Copy of No. 122. [C.O. 5, 1091. Nos. 79, 79 i. ; and
(duplicates), 80, 80 i.]
Oct. 31. 124. Governor Hunter to Lord Bolingbroke. Your Lorp.
New York. w jn undoubtedly hear what I have communicated to the Earl of
Dartmouth and the Lds. Commissioners of Trade with relation
to the deplorable and dangerous situation of H.M. Government
in this Province, and I can not doubt your Lorp's. generous
assistance toward a speedy remedy so much being at stake. I
have formerly beg'd your patronage to your friend Mr. Harrison
who deserves much more then I have in my power to do for him.
The present Secretary of ye Jerseys is one of the vilest of men.
I am confident Mr. Harrison would fill that post to the satisfaction
of all men concern'd. I am much concern'd that I have no
returns to the representations against that person and some others
of the Council there who are in many instances a lawlesse and
worthlesse race of men, and the quiet of that Province is in
danger by their continuance in these parts. I would fain resolve
all into the hurry of more important affaires at home, which
I now hope is well over, etc. P.S. I most humbly thank your
Lorp. for the justice you have procur'd me as to my rank and
commission, etc. Signed, Ro. Hunter. 2| pp. [C.O. 5, 1085.
Nos. 4, ; and (duplicate) 5.]
Oct. 31. 125. H.M. Letters Patent appointing George Tucker
Westminster. p rO vost Marshall of Bermuda, in the room of Edward Jones.
Countersigned, Cocks. Endorsed. Reed. 15th Dec. 1712. 1 p.
[C.O. 37, 9. No. 23.]
Nov. 1.
N. York.
126. Governor Hunter to Mr. Popple. What I have to add
to my genii, letter to the board and would have you communicate
86 COLONIAL PAPERS.
1712.
to them is this. The Assembly since the writing of mine, in order
to putt off or defeat the intention of their Lordps. contained in
theirs to me, have in a hurry enter'd into some resolves for the
payment of the officers of the Govt., by which they reduce all
sellarys to the standard of their own conceit, and do not allow
me for all the contingencys of Govt. and my senary, so much as
the sellary appointed me by H.M. amounts to, tho' they themselves
know and allow that the single article of fireirig and candales
for the garrisons amounts to more then 400 per aim. But even
for these summs in their resolves they neither have nor ever
intend to give any other funds then the imaginary ones mention'd
in my letter, and their members have already acquainted me with
their design of breaking up in a day or two. And how farr their
resolves are to be depended on, the treatment of the heirs of ye
late Lord Lovelace will inform their Lorps. They have also
voted an Adresse to the Queen for her orders to me to passe an
Act establishing an Agent for them in Engld., which according to
the purport of the rough draught I have secretly seen, amounts
to this, that H.M. would be pleas 'd to receive no representations
of matters relating to her Province and the Govt. of it for the
future, but such as shall be made by their Agent instructed by
them or a Comittee of them to sitt at all times, excluding their
Lorps., the Governour and Council of this province, as their Lorps.
will also observe from the copie of the bill they formerly sent up
for that purpose which I long agoe sent over to their Lorps.
Signed, Ro. Hunter. Endorsed, Reed. Dec. 29, 1712, Read March
llth, 17||. 2 pp. [C.O. 5, 1050. No. 60; and 5, 1123. pp.
84, 85.]
Nov. 1. 127. Governor Douglas to the Council of Trade and Planta-
Antigua. tions. I am but too sensible how much I must have sufferd in
your Lordships' opinions, if entire credit has been given to some
letters wrote from hence to private persons in England, and as I
have been inform 'd, have been read at your Lordships' board ;
my freinds have not been able to obtaine copyes, and thereby,
to give me an opportunity to answer to each particular. But I
understand that the whole substance tends to charge me with
amassing a prodigious fortune, by compounding with the
murderers of General Park. If what your Lordships have heard
were true, the people of this Island are of too quick and dareing
a resentment to have endured it so long. If I had not sent home
so many malefactors, where sure justice is like to overtake 'em ;
if I had not secured so many more, to expect further direction
from H.M. ; if I had let any of 'em been acquitted upon a sham
tryal, or by a partial jury here ; I might have expected such
usage from the freinds of Mr. Park, and as the guilty persons
expected a general impunity, the one side will never beleive that
they have mercy shewn, nor the other, enough of blood drawn.
I can't say, my Lords, that there has been no grounds, and a
very little handle well managed by one's enimys, is enough
to ruin so inconsiderable and freiiidless a man as myself. Mr.
Britton, the Attorny General, pretending to have more influence
AMERICA AND WEST INDIES. 87
1712.
and interest with me then he really had, in my absence from
Antigua, without my knowledge or consent, enter'd into a treaty
with the criminals, and took bills and bonds for 5000 or upwards,
as I am told, to procure a general pardon, without any exception,
but after the publication of the general pardon with such
exceptions as I was instructed to make, the persons contracting
exclaym'd against me for not performeing the bargain and
promise that I never made ; and those, who were disappointed
of their general indemnity, pursue now my ruin. I did all I
could to satisfy them. I disclaym'd all right or pretence to the
securities, and caused an entry to be made of this in the Council
books, which might serve in the nature of a General Release.
I examined Mr. Britton and made him produce 'em, and burned
'em before witnesses, which your Lordships may observe in the
Minutes of the Council. And all those transactions that have
so much aspersed me, have not added sixpence to my fortune,
and I can most truly say to your Lordships that if the malice
of those persons prevails, I shall beggar myself and family, by
my post, which as yet has not answer'd the charges of transporting
and setling 'em here. Mr. Robert Cuningham of St. Christopher's
has threaten'd to complain of me to your Lordships for haveing
accepted of 100,000 Ib. sugar from the Assembly, and for
imprisoning him, and ref useing to bail him, for opposing that grant,
as he pretends. Your Lordships will observe by the Minutes of
the Councill of St. Christophers that the Assembly and Council
first had it under their consideracon to provide an annual allow-
ance, to accomodate me, when I visited this Island, but afterwards
chang'd their resolution, and agreed to raise a sum at once to
make an apartment for me, which might serve for the whole time
of my Government. Sugars soe levyed are the worst that can be
imagined, such dirty molossus. or soe moist, that a cask can't
hold 'em, and never worth above 8s. per hundred. And I hope
your Lordships won't think 400 (the value of the sugar mentioned)
in this country where materials for building, labour, and furniture,
are at such an excessive rate, to be an extraordinary computation
to make a decent lodging. The cause of Mr. Cuningham's
comitment will appear to your Lordships upon view of the Minutes
of Council to have been that upon several informations upon oath
it appear'd to the Governor and Council, that he by his practices
had disturbed the quiet and endanger'd the surprizing of H.M.
Colony by the comon enemy, and was therefore comitted by order
of the Governor and Council, and by the opinion of the said
Council, bail was for that time denyed him. Upon which I
departed from the Island, and left it to his choice to be try'd
at St. Christophers or in Britain. All things look joyfull here
upon the approach of peace, which wee eagerly hope will succeed
the hapy cessation of armes. Signed, Walter Douglas. Endorsed,
Reed. Feb. 12th, Read July 14th, 1713. 3pp. [C.O. 152, 10. No.
3 ; and 153, 12. pp. 96-100.]
Nov. 5. 128. Robert Cunynghame to the Council of Trade and
Charles Fort Plantations. Repeats complaints and requests of Sept. 13, etc.
Christophers ^ n ^ ie ^ r( ^ " ls *' was ^ onera l Sessions, wliich adjourned to the
88 COLONIAL PAPERS.
1712.
24th. I have heard of no charge against me, etc. Were I a
criminal, should long ago have been indicted, etc. It has bin
given out that 'tis my fault I continue a prisoner, and that
I may go hence when I please, for that nobody will stop me, as
I was committed by General Douglas so I do expect by some lawf ull
authority to be discharged, least I meet with the like treatment
as a young man of this Island named James Dixon, who being
troublesome in his drink was confined upon one of the Militia
Guards, where continuing some hours and that a brother of his
came to see him, what induced him to it I cannot tell, but he bid
the guard good night, and was going off with his brother, one of
the guard, who was neither corporal nor sentry, takes his gun
and shoots him doun, who after having languished some dayes
dyed of the wound. Lt. Governor Lambert calls a court-martial,
and brings the murderer to a tryal, the Court as ignorant as
himself, acquits him as having done his duty, this 1 add to the
charge I have given against the said Lt. Governor, etc. Signed,
Ro. Cunynghame. Endorsed, Reed. 19th, Read 20th Jan., 17-J-S.
\lpp. [C.O. 152, 9. No. 151 ; and 153, 12. pp. 64, 65.]
Nov. 6. 129. Edward Perrie to Rowland and William Try on. Refers
Antigua. f o sailing of " three of Mr. Douglas his affidavit men, Lyndsey,
Oglethorpe and George French, the first was formerly a servant
to our Lt. General, who like an ungrateful villain is now made
use of as a tool by our General, etc. ; the second a broken rascally
fellow that marryed the widow of Tempest Rogers (formerly a
notorious pyrate) and has been one of the Marshal's men of this
Island, and a person of a very scandalous life, an humble trout
to our late deceased Parke, and a most obedient servant to all
Douglas commands, and the third a notorious rank inveterate
Irish papist ; that is marryed to an old antiquated whore of the
same stamp, and a fellow fit to receive any impressions to qualify
him for the great errand they are now all going upon, which is
to do our Lieutenant General's character all the injury they can
and to wound poor Mr. Kerby, Mr. Mackinen and Col. Watkins
in the most sensible parts etc. They are men of that infamous
order, else they would never have sworn that my worthy freind
Coll. William Thomas and I were the contrivers of Parke's death,
when he was at that time and 14 months before in England
and I at the same time and for 8 months before in Barbados,
and each of us alike ignorant of that action, etc. God send us a
good deliverance from this second monster of iniquity. We have
neither of us done him any harm and purely because we will
not fall in with his base abominable practices he makes use
of these improbable falsities to asperse our characters," etc.
Signed, Edwd. Perrie. Copy. If pp. [C.O. 152, 42. No. 92.]
[Nov. 6.] 130. Affidavit of Sir James del Castillo, knight, as to the
money owed to Charles Knight etc. (v. Aug. 14, Nov. 7).
Governor Sir W. Beeston at the instance of deponent and the
merchants sent a ship of war several times to the then President
and Governor of Panama, but could neither obtain the money
AMERICA AND WEST INDIES.
1712.
Nov. 6.
Boston.
Nov. 7.
Whitehall.
Nov. 7.
Whitehall.
Nov. 7.
Nevis.
nor that Portio should be sent to Jamaica to give satisfaction
himself, etc. Signed, James del Castillo. Oct. 5th, 1709.
Endorsed, Reed. Read Nov. 6, 1712. 5f pp. [C.O. 137, 9.
No. 72.]
1 31 . Governor Dudley to [? the Earl of Dartmouth]. Acknow-
ledges letter of Aug. 21. I have made the Proclamation publick,
etc. (v. Dec. 2). Signed, J. Dudley. I p. [C.O. 5, 898. No.
25.]
132. Council of Trade and Plantations to the Lord High
Treasurer. Request payment of enclosed account of office
expenses and salaries, Lady Day to Michaelnas, 1712. [C.O.
389, 37. pp. 52-64.]
133. Council of Trade and Plantations to the Queen. Report
on the petition of Mr. Knights and other Jamaica merchants
relating to a debt due to them from the Assiento (v. Aug. 14th).
We find that the Spanish Ambassador represented to H.M. in
1690 that Don Nicholas Portio had made a contract with the
then King of Spain for furnishing the Spanish West Indies with
negroes, and that Sr. James del Castilio, Chief Agent of the said
Portio at Jamaica, had contracted with the Royal African
Company and other of your Majesty's subjects, for such negroes
as they shou'd want, and therefore pray'd that H.M. wou'd
give directions that such ships and persons as shou'd be imployed
for buying such negroes shou'd receive protection at Jamaica
[v. C.S.P. 1690, No. 760.] Refer to affidavits etc. given Aug.
14 and Nov. 6, supra. The greatest part of the money due to
petitioners for negroes imported is said to be in possession of
the President of Panama and the Governor of Carthagena.
Propose that H.M. give instructions to her plenipotentiaries
that they endeavour to procure satisfaction for petitioners, etc.
[C.O. 138, 13. pp. 404-407.]
134. Lt. Governor and Council of Nevis to the Council of
Trade and Plantations. Return thanks for bounty in aid and
enclose list of sufferers resettled, as sworn before the Council,
etc., " which wee hope may finde a kinde reception at your
honourable Board, and be timely there to dissipate the doubts
of many, that fear the meaning of the Act is, that the proof made
here ought to be before your Lordships before Dec. 25th, if
such be the meaning of the Act, and this doth not come in time,
wee most humbly beseech your Lordships to interseed for us to
that honourable House for some longer time to make proof, our
distance from Great Brittain, and the uncertainty of winds and
weather being such that some years wee receive no advice
(especially in time of warr) in six months. Wee have been in
every part of the list very exact, etc. Signed, Dan Smith, Richd.
Abbott, J. Bevon, Aza. Pinney, Law. Brodbelt, Jno. Richardson,
Jno. Butler. Endorsed, Reed. Read Jan. 14, 17j-f. 2 pp.
[C.O. 152, 9. No. 146 ; and 153, 12. pp. 56-58.]
90 COLONIAL PAPERS.
1712.
Nov. 8. 135. Permit from the Lords Proprietors of Carolina to
Craven House. Thomas Carey, etc. Whereas Thomas Carey of Carolina merchant,
Callingwood Ward of Carolina planter, Levy Trewit. Edmund
Porter and Geo. Lumley with others did severally at the office of
the Earl of Dartmouth enter into recognizances personally to
appear before us the Lords Proprietors of Carolina when summon'd
and were not to depart without leave and in the meantime to be
of good behaviour, and whereas they did several times so appear,
their petition to be discharged and permitted to return is granted,
they having been detain'd above 14 months from their families
in North Carolina, and there having been no accusation brought
against them, etc. Signed, Carteret, M. Ashley, J. Colleton, J.
Danson. [(7.0. 5, 290. p. 57.]
[Nov. 10.] 136. Petition of Thomas Kirby, late of Antegoa, merchant,
to the Queen. Petitioner continued and appeared publickly in
Antegoa for five months after the arrival of the present Governor,
and then embarked openly for Barbadoes intending to return by
the first opportunity after he had done his business there. Before
he could meet with passage he was apprehended by order of the
Governor of said Island, and by his warrant Jan. 18 sent for
Great Britain charged with high treason. In Easter term last a
bill of indictment was found against him for rebellion and treason.
Had petitioner beeli seized at Antegoa, he should have been
furnished with sufficient proofs that he was so farr from being an
adviser or promoter of the said rebellion, that he used his utmost
endeavours to hinder the people from resorting to armes or violence
and after they were gathered together in armes he did in most
earnest manner beseech both Col. Park and them not to carry
matters to these extremitys ; that as soon as he came to the
Governor's house he applyed himself intirely to prevent the
effusion of blood and other barbaritys usually upon such occasions,
and particularly did all the offices of humanity in his power
to Coll. Parke who was wounded before petitioner came to the
house. By your Majesty's general pardon issued at Antego Feb.
6th, petitioner humbly conceives the offences for which he stands
indicted are fully pardoned and that he is not expected [= ? ex-
cepted] out of the same, but as yet it has been utterly impossible
for him to gett the said pardon under the seal of the Leeward
Islands, nor as his [=? he] is advised plead it in barr or discharge
of the said indictmt. unless he shew the same to the Court under
the Great Seal of Great Brittain. The apprehending petitioner
at Barbadoes and unexampled hardships putt upon him in his
transportation from thence to Great Britain made it impossible
to come prepared for his tryal in this Kingdom, the master of the
sloop being sworn not only to keep petitioner in irons during the
voyage, but to destroy all letters and papers that should be found
on board except such as were delivered to him by the Govr's.
private secretary, who would not suffer petitioner to bring with
him so much as a letter of credit, whereby petitioner unless
relieved by your Majty. will be subjected to great disadvantages
and inconvenience in his defence contrary to your Majesty's
AMERICA AND WEST INDIES.
91
Nov. 10.
Windsor
Castle.
1712.
directions to the present Governor of the Leeward Islands ordering
him to give due notice to such persons as he should think proper
to send to England to be tryed for said offences, and all manner
of assistance for bringing over their wittnesses. Prays H.M., in
commiseration of petitioner's suffering in person and estate and
of his wife and three small children whose bread intirely depends
upon his life, to direct that he be admitted to bayle to stand his
tryal in Antegoa, or to render the general pardon effectual. [C.O.
324, 32. pp. 180-183.]
1 37. The Earl of Dartmouth to Mr. Attorney or Mr. Solicitor
General. H.M. is graciously pleased to referr preceding and the
affidavits annexed [v. Aug. 23] to Mr. Attorney or Mr. Sollicitor
General!, who is to report his opinion what H.M. may legally
and properly doe therein, etc. Signed, Dartmouth. [C.O. 324,
32. p. 184.]
Nov. 10- 138. Affidavits, according to the prepared printed form,
Dec. 24. as to the resettlement of claimants for H.M. grant in aid of Nevis
and St. Kitts. [C.O. 243, 6. pp. 1-307 ; and 243, 7. pp. 1-603.]
Nov. 10. 1 39. Robert Cunynghame to the Council of Trade and Plant-
St. ations. The 7th inst. I received a letter from Lt. Governor
itophers. L am } 3er t ) the substance of which was, that he was directed by the
General to offer me my liberty if I please to give bail (or upon
my own word) to answer my appearance when desired. My
answer was, that I had my bail ready the day I was sent here
(Charles Fort) and shall never flee from justice, etc., the issue of
which was Lt. Holland on the 8th told me I was discharged, for
which he showed me the Lt. Governor's order under hand, but
antedated the 6th as his letter was. I told him I thanked neither
General not Lt. Governor but a good and gracious Queen, and
doubted not but H.M. would do me further justice. Returns
thanks for his enlargement and prays that his complaints against
General Douglas and Lt. Governor Lambert may be heard.
Signed, Ro. Cunynghame. Endorsed, Reed. 19th, Read 20th
Jan. 17fL 1% pp. [C.O. 152, 9. No. 152 ; and 153, 12. pp. 66,
67.]
Nov. 12. 140. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
Whitehal. Encloses for their opinion the petition of Thomas Simpson and
Widow Gandy (v. March 8th). [C.O. 138, 13. pp. 408, 409.]
[Nov. 18.] 141. Gilbert Pepper and Evelyn his wife, sister unto Daniell
Parke Esq., deed., to the Council of Trade and Plantations.
Thomas Kerby stands indicted in the Queen's Bench for the
rebellion in Antigua and the murder of Governor Parke. He
pretends to be included in H.M. pardon to the inhabitants, tho'
in truth he is expressly excepted thereout as being fled from
justice. Pray for copy of Governor Lowther's letter referring
to him. Endorsed, Reed. Read Aug. 18, 1712. 1 p. [C.O.
152, 9. No. 138.]
92
COLONIAL PAPERS.
1712.
Nov. 19.
Whitehall.
Nov. 20.
Whitehall.
142. Mr. Popple to Mr. Attorney General. Encloses Act
past in St. Christophers, 1712, for settling the estates and titles
of the inhabitants, etc., for his opinion in point of law, etc. [C.O.
153, 12. pp. 43, 44.]
143. Council of Trade and Plantations to the Earl of Dart-
mouth. Enclose following to be laid before the Queen.
143. i. Report upon the petition of Alexander Skene.
Recommend that Governor Lowther be ordered to
restore him to his several patent places and the enjoy-
ment of all fees etc. thereto belonging. Skene is entitled
to all fees that have accrued since his suspension.
Propose that if any Patent Officer be suspended in the
future, the persons appointed to execute the place, give
sufficient security to the party suspended to be answer-
able to him for the profits accruing during such
suspension, in case he be restored. Set out, A.P.C.
II, pp. 660-663. [C.O. 29, 12. pp. 443-449.]
Nov. 20. 144. Edward Lloyd, President of the Council of Maryland, to
Maryland. [? the Earl of Dartmouth]. I had the honour to receive your Lord-
ships of Aug. 21st with H.M. royall proclamation notifying the
suspension of arms agreed on betwixt her and the most Christian
King, which was forwarded to me by the care of Col. Spots wood
from Virginia, and as your Lordp. is pleased to observe, commerce
being the cheife concerne of this Province, I have caus'd H.M.
said Proclamation to be published here with all possible solemnity.
I observe H.M. commands signifyed by your Lordp. forbidding
any of her subjects to be hereafter sent prisoners from the
plantations to Great Britain, unless sufficient proof of their
crimes be sent with them at the same tyme, and as I know of
none that have ever been sent from this Province, shall take
care, whilst I have the honour to preside in H.M. Councill here,
to yeild strict obedience thereto. I herewith transmitt Acts of
Journalls of the last session, etc. And as wee have presumed to
address H.M. on this happy occasion of the suspension of arms and
the pleasant prospect of an ensuing peace (which I doubt not
but her tender affection for her people assisted with so prudent
a good Ministry will procure for all her subjects) I am desired by
the Councill and Assembly humbly to begg your Lordship will
be favourably pleased to present the said Address (No. 145
ii.) to her sacred hands, etc. Signed, Edwd. Lloyd. 1| pp.
Enclosed,
144. i. Journal of House of Delegates of Maryland Oct. 28
Nov. 15, 1712. 110 pp.
144. ii. Journal of Committee of Accompts, Maryland, Oct.
29 Nov. 11, 1712. 30 pp.
144. iii. Journal of Council in Assembly of Maryland Oct. 29
Nov. 15, 1712. 33 pp.
144. iv. Copy of an Act of Maryland, Nov. 1712, against
stricking or shooting sundry sorts of fish, etc. 2 pp.
[C.O. 5, 720. ^os. 18, 18 i.-iv.]
AMERICA AND WEST INDIES. 93
1712.
Nov. 20. 145. Edward Lloyd to the Council of Trade and Plantations.
Maryland. Refers to letter of July 15 and enclosures. The meane circumstances
the country is still in by the small value of tobaccos, their only
staple commodity, occasioned their representatives to be very
pressing upon me and H.M. Councill to consent to the passing the
Act for relieving the inhabitants of this Province from some
aggrievances in the prosecution of suits at law. Upon mature
consideration whereof I was very tender of lessening the jurisdic-
tion of the Provincial Court, but it being by H.M. Councill as
well as the Delegates thought absolutely necessary for the peace
and wellfare of the Province (to ease many unfortunate people
who are often brought from the remotest parts of the Province
to the Provincial Court to their utter ruin as well as loss of their
creditors, might prosecute with less charge and to better effect
in the County Courts, where the debtors if not able themselves
are likelyer to procure friends to assist them to pay their debts)
1 was prevayled with to assent thereto untill the next session
after the arrivall of ye next Capt. Generall or Governor in Cheife,
who may be more fully instructed in H.M. good pleasure. And
hope in the meane tyme the short continuance thereof will be of
no ill consequence. It being represented by the Delegates that
a law for regulating writts of error and granting appeals from and
to the Courts of Common Law in this province was absolutely
necessary to regulate the practice on such writts of error and
appeals, the Assembly have made such a law, and I have taken
care it should not be clogg'd with any contradictory clauses
relating to the Court of Chancery or Keeper of ye Seale. Several
other Acts now sent being of no great consequence, but pray'd
by the delegates, the Councill ad vis 'd me to assent to them,
and I hope they will meete yr. Lordps.' approbation, etc. Signed,
Edwd. Lloyd. Endorsed, Reed. June 18, Read July 13, 1713.
2 pp. Enclosed,
145. i. Duplicate of No. 144.
145. ii. Copy of Address of President, Council and Assembly of
Maryland to the Queen. Return thanks for H.M.
protection and speedy transmission of Proclamation of
Peace, and congratulate Her upon the terms of
peace, " putting an end to a war which has so fair affected
us, that most of us are miserably impoverished and
many quite ruined/' etc. /Signed, Edwd. Lloyd. Wm.
Holland, Saml. Young, Rd. Tilghman, Jno. Dorsey,
Tho. Addison, Wm. Whittington, Phile. Lloyd, Tho.
Granfeild, Ch. Greenberry, Jno. Hall. R. Ungle (speaker),
D. Pearce, Edwd. Scott. S. Codd, Richd. Jones, junr.,
Amos Garrettey, Joseph Hill, Ch. Hammond, Tho.
Docwra, D. Mariarte, Jno. Mackall, Jno. Leach, Jno.
Brome, James Mackall, T. Truman Greenfeild, H. Percy
Jowles, Wm. Watts. Kenll. Chifeldme, Phill. Hoskins,
Walter Storis, John Fendall, Tho. Robins, M. Warele,
James Lloyd, Wm. Whittington, Jn. Parnell, Tho.
Parnell, Roger Woollford, Henry Gunnall, G. Loocker-
man, H. Tripp, Saml. Northington, Jam. Frisby, Robt.
94
COLONIAL PAPERS.
1712.
Tyler, Tho. Sprigg, Tho. Clagett, Tho. Brooke, junr.,
Cha. Wright, Jno. Wells, Jno. Whittington, Sol. Wright.
Same endorsement. 2| pp.
145. iii. Duplicate of No. 144 iii.
145. iv. Account of arms etc. in Maryland 1708 Sept. 1710,
taken by Col. Robert Finley, Commissary General.
Same endorsement. Parchment. I large p. [C. 0.5,717.
Nos. 52, 52 i.-iv. ; and (without enclosures) 5, 727.
pp. 329-332.]
[Nov. 20.] 146. Copies of Acts of Maryland referred to in preceding.
50 pp. [C.O. 5, 721. No. 13.]
Nov. 21. 147. The Earl of Dartmouth to the Council of Trade and
Whitehall. Plantations. H.M. having thought fit to appoint Henry Pulleyn
Esq., to be Governor of her Island of Bermuda in the room of
Benjamin Bennet Esq. ; I desire you will order a draught to be
prepared as usual of such a Commission and Instructions as are
proper, etc. Signed, Dartmouth. Endorsed, Reed. Nov. 24,
Read Dec. 22, 1712. 1 p. [C.O. 37, 9. No. 24 ; and 38, 7.
p. 38.]
Nov. 22.
Jamaica.
1 48. Governor Lord A. Hamilton to the Earl of Dartmouth.
Acknowledges letter of Aug. 21st by the Blandford " which arrived
here Oct. 24th, and Rear Admirall Walker being then in town,
I immediately communicated to him that part relating to the
Truce and ye encouragement of commerce, and proposed the
sending up a friggatt to Petit Guavas, which might carry about
100 prisoners we had at that, time, and which I thought would
be a good occasion to assure ye French Governour of our
disposition strictly to observe ye truce, and to desire ye release
of such prisoners as he had of ours on such terms as should be
reasonable, and by this means to receive from him reciprocall
assurances of their observance of ye truce on their part. The
Admirall made no difficulty in agreeing to send up a friggatt,
but told me, one should be gott ready with all expedition, of which
I should have notice, and in a friendly manner he took his leave
and left this town. I accordingly prepar'd such dispatches as I
thought necessary upon ye occasion, but conceiving that the
exchange of prisoners, as well as some overtures of trade between
the two Islands, as soon as ye peace should be proclaim'd, might
be better managed by a proper person to be sent than wholly by
letter, and ye Capt. who commanded ye friggatt which was to go
not having thought fit to let me see him on ye occasion, I deter-
mined to send one Mr. Basnett, an eminent merchant of this
Island, and accordingly deliver'd him my letter to ye Governor
of Petit-Guavas with instructions in relation to ye prisoners, and
a private letter in respect of trade, and gave him likewise a letter
to Capt. Hosier, Commander of ye friggatt (enclosed) and order'd
Mr. Basnett before he went to waite on ye Admirall to acquaint
him thereof, who accordingly did. But, my Lord, to my great
surprize Mr. Basnett when I thought he had been gon, return'd
AMERICA AND WEST INDIES. 95
1712.
again with my letters and instructions, and a letter from Capt.
Hosier, acquainting me that he could not receive Mr. Basnett on
board, and ye friggatt sail'd with ye prisoners, without any letter
or instructions from me in relation to them, and which being in
my humble opinion an obstruction to H.M. service I thought
myself oblidg'd to resent, and having communicated ye whole
matter to ye Councell here, and this giving occasion to them,
and the Assembly then sitting to look into other matters, relating
to ye Admirall's conduct here, they both allmost unanimous
have presented me with the two Addresses enclosed. I can assure
your Lops, there is not anything contain'd in these Addresses
but what has been prov'd beyond controversy, and that many
things of like nature are omitted which might have been added,
and many particulars are upon the Minutes which would be too
much to trouble your Lopp. with. But as for many reasons I
have thought proper (and more especially from some expressions
fain from Admirll. Walker himself of his own dependance upon my
Ld. Treasurer) to reffer this whole matter to him, I have deter -
min'd to submitt ye same with ye greatest deference to his Lop.,
to whom I have sent all the particulars in relation to this affair,
and tho' I could not acquit myself without giving your Lop. a
particular account of all that I had done in pursuance of your
Lop.'s commands, yet I will humbly begg ye favour of you to let
all differences which on my side have been unavoidable, with
Admirall Walker be husht or laid before H.M., as my Ld. Treasurer
shall think fit to direct." Refers to case of David Creagh. The
Assembly as they began with a dutyfull address to H.M., so they
have gon on to everything that has been desir'd of them for the
support of the Government. Signed, A. Hamilton. 2f pp.
Enclosed,
148. i. Duplicate of preceding, dated Nov. 23.
148. ii. Governor Lord A. Hamilton to the Governor of Petit
Guavas. Announces the truce and offers exchange of
prisoners, etc. Signed, A. Hamilton, Jamaica, Nov. 3,
1712. Copy. 1% pp.
148. iii. Governor Lord A. Hamilton's instructions to Richard
Basnett relating to the exchange of prisoners. Signed,
A. Hamilton, Nov. 3, 1712. Copy. 1 p.
148. iv. Governor Lord A. Hamilton to the Governor of Petit
Guavas. Introduces Mr. Basnett who will be able to
concert with the French merchants measures for opening
trade at the conclusion of the Peace, etc. Signed, A.
Hamilton, Jamaica, Nov. 3, 1712. Copy. French.
If pp.
148. v. Governor Lord A. Hamilton to Capt. Hosier. St.
Jago de la Vega, Nov. 3, 1712. Requests him to receive
Mr. Basnett aboard his ship. He is to negotiate the
exchange of prisoners with the Governor of Petit Guavas,
etc. Signed, A. Hamilton. Copy, f p.
148. vi. Capt. Hosier to Governor Lord A. Hamilton. Salis-
bury, Nov. 4th, 1712. I cannot take Mr. Basnett
on board without the Admirall's orders, having his
96 COLONIAL PAPERS.
1712.
commands how to proceed as to the exchange of
prisoners, etc. Signed, F. Hosier. Copy. | p.
148. vii. Duplicate of No. v.
148. viii. Duplicate of No. Hi.
148. ix. Duplicate of No. vi.
148. x. Duplicate of No. ii.
148. xi. Duplicate of No. iv.
148. xii. Address of the Council and Assembly of Jamaica to
Governor Lord A. Hamilton, Nov. 8, 1712. We
return our most hearty thanks to your Excelly. for
imparting to us the affront offer'd to you by Rear
Admll. Walker (as supra), as also ye unkind and
unhandsom expressions made use of by him both in
regard to your Excelly. and ye people of this Island.
We are sensible that your Excellency had taken all
prudent and necessary measures for H.M. service and
ye encouragemt. of trade in this Island in this con-
juncture, etc. We have had undeniable proof of severall
transactions of ye sd. Admirall and some officers under
his command, which we humbly conceive to be noways
warrantable by the power and authority he derives from
H.M. or the Lds. of the Admiralty, and inconsistent
with ye undoubted rights and privilidges of the subject,
and the prosperity of trade. Amongst these what
is of ye greatest concern to us is to find that he has
given encouragement to some of his officers not only to
take off the seafaring men of the Island, but even the
civil officers in the discharge of their duty, threatening
to send others to Great Britttane, exempting himself
and officers by extravagant positions from the power of
ye law here, to ye oppression of ye inhabitants of this
Island. Besides which the sd. Admirall Walker has
permitted H.M. ships under his command to carry
negroes and other merchdze. to trade, which practise
(as we humbly conceive it to be contrary to H.M.
Instructions to ye Commanders of Her ships of warr)
so it must, if established, be ye ruin of all merchant
traders, etc. We share in resentment of the Admirall's
affronts to H.M. authority in your Lordship's person,
and begg your Excellency to make representation to
H.M. of these our manifold greviances, etc. Signed,
Wm. Cockburn, Cl. Cons., Wm. Brodrick, Speaker.
Copy. 2J pp.
148. xiii. Duplicate of No. xii.
148. xiv. Address of the Council and Assembly of Jamaica to
Governor Lord A. Hamilton, Nov. 12, 1712. The
confidence your Excellency has shewn in communicating
to us ye private letters you had writ to ye French
Governour and ye secret instructions to Mr. Basnett,
etc., has laid an indispensable obligation upon us to
assure you that it has sufficiently appeared to us that the
Admirall has been misinformed of your Excellency's
AMERICA AND WEST INDIES. 97
1712.
intentions in respect to trade and that your Excellency
nor any other person with your privity had designed
any other trade then what was for the generall good of
H.M. subjects. Your Excellency having objected to ye
men of warrs being concerned to carry goods or receive
indico on board whereby to save the duty wee humbly
apprehend to have been one cause of offence to them,
and wee are humbly of opinion that such offers of trade
as your Excellency had made to the French Governour
were beneficiall and necessary to be made before ye
Peace was concluded least other nations should take
the advantage, and wee humbly desire that your
Excellency will make such overtures for the incourage-
ment of commerce as soon as ye Peace shall be published
as your Excellency had intended. Signed as preceding.
Copy. \\ pp.
148. xv. Duplicate of preceding. [C.O. 137, 51. Nos. 66,
67, 66 i.-xiv.j
Nov. 22. 1 49. Governor Lord A. Hamilton to the Council of Trade and
Jamaica. Plantations. The Assembly mett as I acquainted your Lopps.
was intended, etc. The late hurricane having done a good deal
of damage to publick buildings, and the sending out spy-boats and
other publick service in time of martiall law having occasion'd a
further extraordinary expence, I found myself again oblidged to
desire a reimbursement of ye Revenue and have obtain'd another
appropriation of 2000. All other necessary funds have been
provided for and they have past two Acts for the service of the
country, both which your Lopps. will perceive carry a good
intention and I think cannot fail of H.M. approbation. I
have herewith sent your Lopps. the Journalls of ye Councell and
Assembly together with the transcripts of ye four Acts past
this session, and at the desire of the Assembly I have likewise sent
transcripts of some Acts past the last session under ye Governmt.
of my predecessour, which they have had advice were sent to your
Lopps. without ye seal of ye Island. My Lords, this advice was
communicated to them by Mr. Peter Beckford in two paragraphs
of letters which he had reed, from Mr. Whitgift Aylmer, and which
being a little extraordinary in their kind I have here inclos'd.
The Councell were indeed of opinion that ye whole letters ought
to be seen and made an order accordingly. But Mr. Beckford
being gon to Leeward they have not yet had an opportunity.
These paragraphs were shewn to ye Assembly by Mr. Peter
Beckford as containing matters of very great greviance, and
aggravated wth. all ye force he could give them to make impres-
sions of ye neglect of ye affairs of this Island in Great Brittaine,
and as this gentleman with one or two more have signalized
themselves more particularly this session in opposition even to
the Address to H.M.. and everything else which was propos'd
and has been done for ye support of ye Governt. I think myself
oblidged to be particular concerning them in my account to your
Lopps. The style in which these paragraphs of letters are wrote
Wt. 5622. C.P. 7.
98 COLONIAL PAPERS.
1712.
I think my Lords sufficiently denote Mr. Aylmer to be ill dispos'd
towards the Governmt., wch. will the more appear to your Lopps.
when you observe that ye humble representation he mentions to
have proposed for ye misfortunes (he says) this Island labours
under in respect to the want of forwarding ye possession Act, is
mentioned upon the 30th of December ; when I myself had
particularly recommended that Act ; and had ye honour of your
Lopps.' letter of Nov. 22nd immediately before acquainting me
that it, and ye Act of fees, were under consideration, wch. I
communicated to ye Assembly upon this occasion, and when
by computation of time ye Act itself could not at that time have
been arrived a month, which and the memoriall afterwards
mentioned in the letter of May 22nd to be fram'd out of what
information was to be given by Mr. Beckford from hence, without
any application ever made to me by either of them, or any (as
I suppose) to your Lopps. discovers a correspondence that in my
humble opinion is prejudiciall to H.M. service, and therefore I
make no doubt but ye persons concern'd in it will meet with your
Lopps.' discountenance. But my Lords you will observe upon ye
Journalls of Councell and Assembly a matter of much greater
importance than this has happen'd this sessions, and which
forc't me with much reluctancy to an open difference wth. Rear-
Admirall Walker. Your Lopps. will see there what has been the
occasion and what ye result, and I assure your Lopps. there is
not anything mention'd in the Address to me, or in any of ye
resolutions of the Councel and Assembly, but what have been
unquestionably prov'd, on the contrary many things of like nature
have been omitted which might have been added. But as I
myself (tho' personally in many instances affronted) as I have
ye honour to be Oovernour of this Island, shall allways preferr
H.M. service to any private resentmt. and as I have been
unwillingly forc't to complain, so I have submitted ye whole
matter with the greatest deference to my Lord Treasurer and have
given him a full account of all particulars wch. I thought most
material and which being mostly contained in ye Journalls of ye
Councell and Assembly 1 need not here repeat. But as I think
I may venture to conclude yt. Admirall Walker has acted with
very great indiscretion, so nothing has more surprized me than to
have found particular friendships and intimacy s made by him
with Mr. Beckford, Mr. Totterdale and Mr. Carver, during
ye whole time of this Assembly, who have been ye only men who
have oppos'd all measures for ye support of ye Governmt., and
who were ye onely men wth. one Mr. Pugh of no great consequence,
who were against ye Address in relation to him, and ye same
who were against the Address to ye Queen, and therefore my Lords
it's pretty naturall for me to conclude that their opposition to
me has recomended them to him, and may not unlikely have contri-
buted to his own miscarriages. But to give your Lopps. instances
of these men with regard to the Queen's service, you will find
upon ye Journall when the Address was under deliberation to
congratulate H.M. upon ye prospect of ye Peace, Mr. Carver
had ye insolence to say at a conference he was not for such
AMERICA AND WEST INDIES. 99
1712.
flattery s and false shams to ye Queen, etc., and your Lopps. will
see ye reason upon ye Journall why he was not expell'd for it, as
also ye occasion upon which Mr. Totterdale was expelled, tho' of
this gent, and Mr. Beckfords I might reffer your Lopps. to ye
accots. given of them by my predecessour, and which I find by
experience he had but too much reason for. Yet I must not omitt
acquainting you that ye younger Beckford just at ye close of ye
Assembly, had like to have murdered Mr. Tho. AVood (who had
given some testimony at a Committee of ye House upon their
requireing itt, and wch. it seems, Mr. Beckford did not like)
which was complained of to me in ye Councell, and for which
I imediately sent for Mr. Beckford, where before us all he own'd
ye matter charg'd upon him, and with very indecent carriage
justifyed it as a matter of gallantry. Whereupon by ye
unanimous advice of the Councell, I oblidg'd him to enter
into recognizance before ye Cheif Justice, wth. securitys
for his good behaviour, and yet ye next morning not without
very ill manners, he came to tell me yt. there was no law for
ordering a man to be bound over unless somebody had sworn ye
peace against him and for this he would complain in England and
desire justice there. My Lords, I should think myself too long
detaining your Lopps. upon these particular persons but upon such
kind of transactions, I hope your Lopps. will allow it material
and whilest, I think I may say, I am generally possesst of the
goodwill of this country, as what your Lopps. will now see done
may be an argument of, and yt. ye inhabitants of this Island
are generally well dispos'd for H.M. service, and ye honour and
support of ye Governmt., your Lopps. will please to favour me
with your advice, what kind of discouragement is fitt to be given
to such incendiary s, that under ye clemency of a Governmt.
it may not at any time be in the power of two or three persons to
disturb ye quiet of it, and I find encouragemt. will not do with
all tempers, for I had put all these persons into ye Commission of
ye Peace, and shewn them an equal countenance to any others,
but to no purpose. I must begg your Lopps. for the satisfaction
of the generallity of ye Island to forward ye bills transmitted, and
particularly the bill of fees, and quieting possessions, which are
allways made use of for a handle to raise discontent, tho' I have
told them the Island can thereby receive no inconveniency,
they having the full enjoyment of bills till they are rejected by
H.M. Amongst those of a former session supposed to have
been sent without ye seal is ye bill for separateing publick offices
concerning which I took ye liberty in my letter of March 8th
to give your Lopps. my thoughts, and to propose ye disapprobation
of it. I think if what I said to it, had any weight it will not have
less now than at that time, but rather more. However as I shall
allways deal ingenuously by your Lopps., I shall observe to you
what has since happen'd and what I find to be the main drift of
this Act. Your Lopps. will see in the Minutes of ye Assembly
a message to me and the Councell in relation to Mr. Rigby's
executing ye Secretary's office, whilest another executes ye
Provost Marshall's of which he is pattentee which Mr. Beckford
100 COLONIAL PAPERS.
1712.
and Mr. Totterdale clamour at, as being contrary to this Act.
I find the opinions are different whether it's so, or not, and those
for Mr. Rigby, say, that he executes but one office which the Act
was made to provide against and he acts as Secretary, and Mr.
Nicholls as Provost Marshall by appointment of ye Government,
and that ye country are only concern'd in ye execution (which
are entirely, and to all intents and purposes seperated) and that
ye proviso in ye Act still warrants a deputation by any pattentee,
who has a right to depute. Whether this be a right way of
argueing or not I won't determine. But I will venture to tell
your Lopps. if this Act don't get Mr. Rigby out of that office it
won't content those gentlemen (and I believe everybody else
will be contented as it is) and this for no other reason that I can
tell, but because Mr. Rigby is usefull to ye Govermnt. and has
capacity as well as inclinations to serve ye Queen, wch. I think
with submission ought to be a requisite in persons who enjoy
offices of H.M. gift, and your Lopps. may please in this gent's
favour to observe that whilest they are aiming at him, they have
not been able to charge him with ye least miscarriage but must,
to their own shame, confess that he executes ye office with better
ability than it usually has been done, and therefore, my Lords, in
my humble opinion I think it will be for H.M. service, and ye
service of ye Island that he be continued in it. I herewith send
your Lopps. ye last accots. etc., and also a state of ye matter
concerning an instruction relating to escheats, which I must
begg ye favour of your Lopps. to lay before my Lord Treasurer,
and which I therefore mention 'd to him in my letter to him, and
I hope your Lopps. for the concern (you will remark) it is of this
Government, will take ye trouble of forwarding some determin-
ation in it, as shall appear most reasonable and necessary to my
Lord Treasurer to make. If the peace be actually or likely to
be concluded your Lopps. will also take into consideration what I
wrote you in my last concerning some Indipendent Companys
to be kept here, and which I hope will be thought requisite for
ye reasons I there mention 'd. But I have omitted one particular
I think necessary to acquaint your Lopps. upon ye subject of ye
escheats, and that is with respect to one upon ye list, which your
Lopps. will observe much more considerable than any of the
others, and is in possession of Mr. Anthony Swimer, who married
ye mother of Mrs. Kuping, and by that means having long
enjoy'd the esta. partly in right of his wife (now deceas'd) and
partly by lease under Mrs. Williamina Kuping ye daughter, who
died seiz'd without heirs ; a good number of ye slaves upon the
plantation are of his own purchase, and all ye children born in
it belong to him, so yt. if he had been put out of the possession
of it, a great many of ye slaves would have been taken away and
their familys divided, and being a sugar work without a possessor
to look after it would very shortly have gon to ruine, and I have
therefore promised ye grant to him, to which I have been farther
induc't by his having been remarkably zealous in promoting H.M.
service in this Island, (ever since my entrance upon ye Governmt.),
which I make no question will in your Lopps.' judgment, as well
AMERICA AND WEST INDIES. 101
1712.
as mine, be ye best recommendation to H.M. favour ; and Mr.
Swymer is able to give good security for ye payment of ye vallue
into ye Treasury according to ye Act. Your Lopps. will perceive
by the state of the case, that it is impossible for me to acquaint
you of every particular person to whom it may be adviseable to
grant ye rest. Signed, A, Hamilton. Endorsed, Reed. Jan.
16th, Read July 17th, 1713. 7 pp. Enclosed,
149. i. Address of the Council and Assembly of Jamaica to
Governor Lord A. Hamilton, Nov. 12, 1712. The confi-
dence your Excellency has shewn in communicating to us
the private letter you had writt to the French Governour
and the secrett instruccons you had given to Mr.
Basnett in relacon to trade, together with Admirall
Walker's letter, and a copy of Capt. Jackson's to him,
has laid an indispensable obligation upon us to assure you
that it lias sufficiently appeared to us that the Admirall
has been misinformed of your Excellency's intentions in
respect to trade, and that your Excellency nor any other
person with your privity had designed any other trade
than what was for the generall good of H.M. subjects.
Your Excellency having objected to the men of warrs
being concern'd to carry goods or receive indigo on board
whereby to save the duty wee humbly apprehend to
have been one cause of offence to them, and wee are
humbly of opinion that such offers of trade as your
Excellency had made to the French Governour were for
many reasons beneficiall and necessary to be made
before the peace was concluded least other nations
should take the advantage. And wee humbly desire
that your Excellency will proceed to make such overtures
for the encouragement of commerce as soon as the peace
shall be published as your Excellency had intended.
Signed, Will. Cockburne, Cl. Councill, Wm. Brodrick,
Speaker. H.E. returned thanks, etc. Same endorse-
ment. Copy. 1 large p.
149. ii. Address of the Council and Assembly of Jamaica to
Governor Lord A. Hamilton, Nov. 8, 1712. Wee return
our most hearty thanks to your Excellency for imparting
to us ye affront offer'd to you by Rear Admirall Walker
hi giveing directions to ye Capt. of ye Salisbury not to
receive Mr. Basnett on board with your Excellency's
dispatches for Petit Guavas, as also ye unkind and
unhandsome expressions made use of by ye said Admirall
both in regard to your Excellency and the people of
this Island. Wee are very sencible that your Excellency
had taken all prudent and necessary measures for H.M.
service and ye incouragemt. of ye trade of this Island
in this conjuncture, etc. We have had undeniable proofs
of several! transaccons of Admirall Walker and some
officers under his command which we humbly conceive
to be no wayes warrantable by ye powers and authoritys
he derives from H.M. or the Lords of ye Admiralty and
102 COLONIAL PAPERS.
1712.
inconsistent with ye undoubted rights and libertyes of
ye subject and ye prosperity of trade. Amongst these
what is of greatest concern to us is to find that he has
given encouragemt. to some of his officers not only to
take ye seafaring men of ye Island but even ye civill
officers in ye discharge of their duty, threat'ning to send
others to Great Britain, etc. He has permitted H.M.
ships to carry negroes and other merchandize to trade,
which practice we conceive to be contrary to H.M.
instructions and (if established) must be ye ruin of all
merchant traders, etc. Pray H.E. to represent to H.M.
accordingly. H.E. returned thanks, etc. Signed and
endorsed as preceding. Copy. 1 p.
149. iii. Extract from two letters (?from Whitgift Aylmer) to
Peter Beckford (v. covering letter, supra) (a) London,
Dec. 30, 1711. Tis evident to all impartiall men, yt
have ye least knowledge of ye transactions of ye affairs
of ye Island, that ye transmitting ye bill of fees here
without ye Island's seal is such a mistake as ye world
will comment upon, and it's very surprizing that all
ye bills should not be seald together, etc. (b) None will
stir to forward ye passing of ye Possession Act, etc.
London, May 22, 1712. I hope to frame a good memorial
etc. Same endorsement. Copy. | p.
149. iv. An account of escheats in Jamaica. Same endorse-
ment. 8| pp.
149. v.-ix. Accounts of H.M. revenue, wine licences, quit-
rents, fines, forfeitures, escheats, impost, fortifications,
etc., Jamaica, March 25 Sept. 29, 1712. The whole
endorsed as preceding. 16 pp. [C.O. 137, 10. Nos. 10,
10 i.-ix. ; and (without enclosures) 138, 13. pp. 483-
496.]
Nov. 24. 150. Order of Queen in Council. Approving representation
of Nov. 20th, and ordering the Governor of Barbados to restore
Mr. Skene, etc. [C.O. 28, 14. No. 36 ; and 29, 13. pp. 172-174.]
Nov. 25. 1 51 . Council of Trade and Plantations to the Queen. Reply
Whitehall, to July 28, upon the case of Mr. Poyer. Recommend as proposed
by the Society for propagating the Gospel, (v. July 28, and
A.P.C. II. No. 1168). [C.O. 5, 1123. pp. 60-62.]
Nov. 26. 152. The Earl of Dartmouth to the Council of Trade and
Whitehall. Plantations. Encloses Mr. Strahan's memorial (v. Oct. 16) for
their report thereon. Signed, Dartmouth. Endorsed, Reed.
Read Nov. 27, 1712. 1 p. Enclosed,
152. i., ii. Duplicates of Nos. 100, 100 i. [C.O. 5, 1050. Nos.
54, 54 i., ii. ; and (covering letter and enclosure i. only]
5, 1123. pp. 63-65.]
Dec. 2. 153. Governor Dudley to the Council of Trade and Planta-
Boston, tions. Capt. Rouse in H.M.S. the Saphire brought my last
N. England. letters (Q ct 2 Q) to your Lordships etc. This comes by the Chester
AMERICA AND WEST INDIES. 103
1712.
who brings home the mast ships, and other merchant ships that
are ready ; and in your Lordships' packets are the whole year's
papers etc. (v. Dec. 9th). About a month since by letters from Sir
Nicholas Trevanion, then at Newfoundland, and a few days after,
by letters from my Lord Dartmouth, brought by Capt. Graves
in H.M.S. the Dun-nick, 1 receiv'd the happy account of the
cessation of armes, which I presently made publique, being
attended therein by the Gentlemen of H.M. Councill, and Repre-
sentatives of the Assembly, and the foot regiment of the town of
Boston, with all demonstrations of satisfaction in H.M. good
subjects, in hopes of an established peace, upon the articles in
H.M. Speech referring thereunto. A coppy of the cessation of
armes 1 have sent over land to Mr. Vodriel the Governour of
Canada, by some French prisoners which I sent to him last week,
which 1 suppose will stop any further march of any partyes of
the enemy on that side, and I believe the peace, when it arrives
will be as welcome to him, as to H.M. good subjects in these
provinces. There will remayn a difficulty in the obtaining out
of his hands, and the French Indians depending upon him, our
many prisoners, men, women, and children, which he has long
detain 'd, contrary to his many promises, and thrust severall of
them into nunerys and religious houses, and many more left in
the barbarous hands of the Indian, some of them gentlemen's
daughters, to be made heathen, and wives to the Maquas. Not-
withstanding every year I have assured him that I have returned
to Canada, Placentia and Martineco, and into Europe all such
prisoners of the French nation that have fallen into my hands,
either by sea or land, which have been to the number of 500 or
more, of this redemption I despair, unless by your Lordships'
means, the French King's orders to his Governours of that part
do strictly command it, and that some gentlemen from hence may
be allow'd to go to Quebeck, Montreal and other parts in those
Governments to search and find them out. Another difficulty
will be how to govern myself, referring to the Indians in the
Bay of Fundee called Kenebecks, Panobscot, Norigarock, and
other settlements upon the English grounds, who have for these
60 years acknowledged their dependance upon the Croun of
great Britayn, and twice since I have come hither have
acknowledged their dependence upon the Croun of great Britayn
and their submission to it, but presently after the warr broke out
committed barbarous murders and burnt many houses in
company with the French and their dependant Indians, by the
instigation of the French Jesuits and priests alwayes residing
amongst them, and at this time with them. These Indians are
weary of the warr, having lost some hundreds of their number,
and are not now left above 3 or 400 men, but we can never be
assured of their fidelity, untill some English settlements be
established in those eastern parts to govern them, and their
priests be kept from them, which will hardly be obtain 'd unless
the French Governours be commanded intirely to withdraw them.
In these articles I pray your Lordships' consideration, and that
I may receive H.M. commands therein. It is a great mortification
104 COLONIAL PAPERS.
1712.
to all these tribes of the Indians, that they can have no more
assistance or encouragement from Newfoundland, Placentia,
Portroyall, nor any its dependency es but must travel to Quebeck
for all their supplyes, untill they are restored to the English
friendship, which I am humbly of opinion is best to be done,
both to secure the trade with them, as well as to take them of
from their French dependence, or gaining them to any future
assistance. I humbly submit the whole affayr to your Lordships'
direction and pray to have H.M. commands, which I shall with all
faithfullness persue as is my duty, in the mean time I shall bring
them to as good a quiet as I can, which they are already enquiring
after, at our Eastern garisons next adjoyning to them. Your
Lordships will please in the accounts of stores of warr, to observe
that the thousand small armes left here of the Canada expedition
are divided, 100 to New Hampshire, half in the Fort and hah* in
the Commissaryes stores, and the other 900 to this Province, 100
at the Castle, 800 in the Commissaryes stores, some few of them
were lost in the soldiers' passage by sea, in their going and return,
and death of some of them, as is usuall in such cases, they are
disposed under the care of the Commissaryes of each Province,
for the publique service, and will be keept clean, and serviceable
at all times, and shall be disposed in an armory in the publique
State House, which was last year burnt, but is again built in
better form and will be soon finished. Signed, J. Dudley.
Endorsed, Reed. Feb. 12, 17|f, Read July 6, 1713. 2 pp.
[C.O. 5, 865. No. 95 ; ami 5, 913. pp. 428-434.]
Dec. 3. 154. Lords Proprietors of Carolina to the Earl of Dartmouth.
Craven House. We have been informed that Colonel Nicholson is preparing to
go by virtue of H.M. commands as a Commr. for inspecting into
the affairs of H.M. Colonies in North America. We desire your
Ldsp. would please to inform H.M., that we most humbly beg
her royal permission that he may make an enquiry into the
occasion and the original causes of the late disorders and tumults
in North Carolina, and that he may report the same to us, whereby
we may be better enabled to lay the same before H.M. in order to
receive her royal commands in that affair. Signed, Carteret,
M. Ashley, J. Colleton, J. Danson. Fulwar Skipwith for Lord
Craven. 1 p. [C.O. 5, 9. No. 19.]
Dec. 3. 155. The Earl of Dartmouth to the Lords Proprietors of
Whitehall. Carolina. Reply to preceding. Col. Nicholson's instructions
having been prepared by directions of my Lord Treasurer and
issued out of his office, I have conveyed your request to his Lopp.
[C.O. 324, 32. p. 188.]
Dec. 3. 1 56. Lords Proprietors of Carolina to Edward Hyde, Governor
Craven House. o f N. Carolina. There having been a very extraordinary paper
laid before us wch. is attested by one Newby to be a copy of a
warrt. sign'd by you for the commitment of Low, we think it
proper to acquaint you that we hope for your credit that it is
false, tho' we have great reason to believe it true ; the liberty of
AMERICA AND WEST INDIES.
105
1712.
Dec. 5.
Dec. 6.
Windsor.
Dec. 6.
Windsor.
Dec. 6.
Windsor
Castle.
Dec. G.
Windsor
Castle.
Dec. 9.
Whitehall.
a subject is too tender a point for us to be dilatory in and nothing
but so great a concern as that cou'd make us incline to suspitions ;
however, till it's more effectually prov'd we will continue to hope
out of kindness and respect for you that this matter has been
wrongfully represented and we shal say no more at present than
that it is too probable that we already have the true acct. in all
warrts. of commitments the crimes of the party must be specif y'd
or else upon bringing a habeas corpus he must be discharged,
nor can the party be confin'd during the pleasure of him who
commits him, but the form must be to keep him in custody till
he be deliver'd by due course of law, these omissions if true are
highly reflecting upon the understanding as well as the justice of
a Govr. We do therefore expect that you take care forthwith
that these matters be set in a true light and that you clear
yourself if possible which will be a great satisfaction to your
assured friends and humble servants, Signed, Carteret, M.
Ashley, J. Colleton, J. Danson. Memo. It was agreed by the
Duke of Beaufort and my Lord Carteret that this letter should
not be sent. [(7.0. 5, 290. pp. 58, 59.]
157. Agents for the sufferers at Nevis and St. Christophers
to the Council of Trade and Plantations. Pray for a speedy
issue of the debentures for the grant in aid, etc. Signed, Ste.
Duport and 21 others. Endorsed, Reed. Read Dec. 12, 1712.
1 p. [C.O. 152, 9. No. 140.]
158. Copy of H.M. warrant to the President of the Council,
or the Commander in Chief of Maryland for using the new seal of
that Province. Countersigned, Dartmouth. Endorsed, sent to
the Earl of Dartmouth, May 13, 1712. 1 pp. [C.O. 5, 717.
No. 49 ; and 5, 727. pp. 316-318.]
1 59. Similar warrant to the Governor of Virginia. Endorsed,
April 10th, 1713. 2 pp. [C.O. 5, 1316. No. 93 ; and 5, 1363.
pp. 480, 481.]
160. The Queen to Governor Spotswood. Sending a new
seal of Virginia with instructions for using the same and breaking
and returning the old one. Countersigned, Dartmouth. [C.O.
324, 32. pp. 189, 190.]
1 61 . The Queen to the President of the Council of Maryland.
With new seal of Maryland. Countersigned, Dartmouth. [C.O.
324, 32. pp. 190, 191.]
162. George Filson to Mr. Popple. My Lords the Coinmrs.
for Trade in their report concerning the Island of Cap Breton
of April 5th last, say that Island has always been esteemed as
part of Nova Scotia, and included in that Government. Pray will
you please to inform me what proofs you have of that matter
that I may acquaint my Lord Bolingbroke with them, who
desires to know upon what grounds that position is founded.
106
COLONIAL PAPERS.
1712.
Dec. 9.
Boston,
New England.
Signed, Geo. Filson.
[C.O. 217, 1. No. 2
Endorsed, Reed. Read Dec. 10, 1712. 1 p.
ami 218, 1. p. 31.]
Dec. 9.
Boston.
Dec. 9.
Whitehall.
Dec. 10.
Whitehall.
163. Governor Dudley to Mr. Popple. Encloses the year's
papers. Continues : My papers from Hampshire are not in so
good order as from the Massachusets, nor do I know how to
have it better. The Secretary's salary is but 20 per annum, and
his other profits, and benefits will hardly feed and support him, and
the Province is so little I know not how to make it much better, and
they have no good example from the greater province, who give Mr.
Addington but 50 per annum, when most of the other Secretary's
offices in the West Indies are worth 500. We are all pleased
Avith the cessation of armes in hopes of a perfect and well establish'd
peace, and shall then return to our naval stores, and iron and
copper with all application, to make ourselves more serviceable
to our Mother then ever we have been during the warr, etc.
Signed, J. Dudley. Endorsed, Reed. Feb. 12, 17}|, Read July
6, 1713. 1 p. Enclosed,
163. i. Duplicate of C.S.P., 1712. No. 375 i. [C.O. 5, 865.
Nos. 96, 96 i. ; and (without enclosure] 5, 913. pp. 434-
436.]
1 64. Governor Dudley to [? the Earl of Dartmouth]. Acknow-
ledges letter of August 28 etc., received yesterday. I shall carefully
and strictly obey it, in letting all H.M. good subjects know their
duty and benefit thereby. By the Success that brought these
letters, I receiv'd also letters for Governour Hunter, which I
immediately dispatched, and letters for M. Voderil etc. (v. Dec.
2). The other letters to Mr. Costabel at Placentia are not possible
to be gotten thither till the winter be abated, etc. Signed, J.
Dudley. 1 p. [C.O. 5, 898. No. 26.]
165. Mr. Popple to Mr. Attorney General. The parish
church of St. Thomas in Nevis having been burnt by the French,
when they took the Island, is valued by the Church Wardens, and
returned by the Commissioners to be a loss of 838, and the said
church being now about to be rebuilt, the Lords Commissioners
of Trade desire your opinion, whether that ought to be deem'd
a resettlement, that they may have their share of the bounty,
etc. P.S. There is another church at Nevis in the same case,
as also one or two at St. Christophers, and I am to desire your
answer hereunto as soon as possible. [C.O. 153, 12. pp. 45,
46.]
166. Mr. Popple to Mr. Filson. In reply to No. 162, their
Lordships send you a copy of their minutes of April 4th, when
they made their report. At the same time Coll. Nicholson
produced a copy of ye passes granted by Mons. Subercase, wherein
he stiles himself Governour of L'Accadie, of Cape Breton Islands,
and lands adjacent, from the Cape Roziers of the great River St.
Lawrence, as far as the east part of Kennebec River : the
original of one of which passes Col. Nicholson has this day
AMERICA AND WEST INDIES. 107
1712.
informed their Lordships, is now in the hands of Major Mullins
(who is at present at Winchester) and which pass Col. Nicholson
has seen. Signed, Wm. Popple. 2 pp. [C.O. 217, 31. No. 9 ;
and 218, 1. pp. 32, 33.]
Dec. 12. 1 67. Governor Lord A. Hamilton to the Council of Trade and
Jamaica. Plantations. I inclose a duplicate of my last, which was but of
Nov. 22nd, and was so full that I should not need have troubled
you again so soon had not I thought it absolutely necessary for
H.M. service to inform you of Rear Admirall Walker's conduct
since that time. I was the less particular on this subject in my
last by reason that the most materiall passages were upon the
Journalls, and because I had given a more exact account of ye
whole to my Lord Treasurer who, I imagin'd (if he thought proper
that the matter should be farther enquired into) would reffer
ye whole to your Lopps.' examination. Encloses copy of the
Admirall's letter, Nov. 15, wch. I received in answer to one I
thought of some consequence to H.M. service, and wch. I confess
at that time rather surprized me as ye effect of some sudden
passion and resentment, than convinced me of an intention to
reject all further correspondence for carrying on H.M. service,
which I concluded would in cooler thoughts be preferr'd to all
other considerations. But my Lords I had imediately an
occasion to find I was mistaken, for having prepar'd my dispatches
for my Lord Dartmouth, and your Lopps., which are gon by ye
Scipio, and hearing a report that a friggat was shortly to be sent,
I wrote to ye Admirall the enclosed letter of Nov. 23rd, which
I send to your Lopps., in the manner it was returned to me again,
together with a deposition of Thomas Waite, who carry ed it to
the Admirall, and ye Scipio, and other Bristoll ships being then
ready to sail, I determin'd under the uncertainty I was left as
to ye sailing of a friggatt, to send away the packett I had then
prepared. Tho' your Lopps. will observe the letter which has
been thus sent me back unopen'd by the Admirall will have been
of little moment unless the Scipio should have miscarryed, yet
being directed on H.M. service, I think my Lords the slight
to me is lost in that consideration, and gives just apprehensions
of ye greatest inconveniencys from so rash a conduct ; since
this has happen'd I have had advice of severall privateers,
wch. infest ye trade and ye coast under Spanish commissions.
One has chased a trading vessell almost in sight of H.M. ships
in harbour and ye same, or another, has lain for severall days off
Withywood and taken two or three sugar drogers and severall
boats, and cannoes, and all I have been able to do, has been to
order ye persons who gave ye information, to inform the Admirall
likewise. I have also thought it for H.M. service at ye request
of the Councill and Assembly, to send up a Flagg of Truce to
Petit Guavas to take such measures with that Governor as may
prevent the encrease of privateers under Spanish commissions.
The Salisbury is since return'd, and neither the Admirall nor
the Commander, have given me any accot. of what has been done,
or what prisoners he has brought. I am told by others there is
108 COLONIAL PAPERS.
1712.
about 17, but if there be inhabitants of the Island among them,
I must look upon them as press'd aboard, with ye many others
who have been before. I enclose three other depositions (and
had I given encouragement to such numbers might have been
had of this kind) but I have all ways rejected things of this
nature, unless either the Queen's service or some right of an
inhabitant was concern'd. And truely my Lords I am appre-
hensive there has not been a justifyable occasion for ye seisure
of this sloop of Mr. Perkins, at least I am sure there has not been,
for threats to seize all other vessells which he shall send, and which
have been used both with respect to him and other traders. I
cannot neither conceal from your Lopps. that there has not been
that dilligence used in fitting out of ships and rend'ring ye
squadron serviceable, since Rear Admirall Walker has commanded
here, as might have been, both the ships and ye sloops have lain
too much in ye harbour for ye health of the men. And I can
scarcely tell any instance when any of them have been orderd to
cruize about ye Island, or convoy ye trade, unless it were a trade
in which themselves were principally concern'd and it is now confi-
dently reported (for I can only tell your Lops, reports concerning
the squadron) that the Admirall is going down to Blewfeilds
which is ye westermost part of ye Island, with all the ships, and
in which, if true, H.M. service must be intirely forgott. I
acquainted your Lopps. that I had submitted everything with
respect to the Admirall to my Ld. Treasurer ; and I am still
desirous his Lop. should do in these matters as he thinks fitt,
and am unwilling to give him farther trouble in new relations.
But as I regard your Lopps. as the patrons of H.M. Collonies etc.,
I should be unjust to the charge I am intrusted with, if I did not
propose it to your Lopps. as my humble opinion that it is necessary
for H.M. service, and ye welfare of this Island, that Rear Admirall
Walker be forthwith recalled. And I hope if my Lord Treasurer
should reffer these matters to your Lopps. with any sort of
recriminations alledged by the Admirall, in which as I cannot
in ye least particular accuse myself, so neither can I be forearmed,
your Lopps. will do me ye honour to advise me of them and in
the meantime put the most favourable construction on my
actions, etc. Signed, A. Hamilton. Endorsed, Reed. Feb. 2,
Read July 17, 1713. 3| >pp. Enclosed,
167. i. Governor Lord A. Hamilton to Sir Hovenden Walker,
Rear Admiral of the White. St. Jago de la Vega, Nov.
23, 1712. Enquires when he intends to send a ship
for England, etc. Signed, A. Hamilton. Endorsed as
preceding. Sealed, f p.
167. ii. Deposition of John Rolfe of Port Royal, Nov. 28, 1712.
At the house of John Warner, Judge of the Admiralty,
deponent heard Capt. Chamberlin, H.M.S. Monmouth, tell
Thomas Perkin that he would keep his sloop in spite of
his replevin ; that he would detain the Provost Marshal or
the Governor himself if he came on board to serve it ;
and that there was no law or justice in this Island.
Signed, John Rolfe. Endorsed as preceding. Copy. 1 p.
AMERICA AND WEST INDIES.
109
1712.
167. iii. Deposition of Jeremiah French and Edward White,
mariners. Corroborate preceding. Same endorsement.
Copy. 1 p.
167. iv. Deposition of George Sharpless, Depty. Marshal,
Nov. 25, 1712. When deponent delivered to Capt.
Chamberlain the replevin referred to (No. ii.), he threat-
ened to put him into ye bilboes, etc. Signed, George
Sharpless. Same endorsement. Copy. I p.
167. v. Deposition of Thomas Waite, St. Catherines, Nov. 24,
1712. Deponent delivered the letter (No. i.) to Rear-
Admiral Sir H. Walker who returned it to him unopened.
Signed, Tho. Waite. Same endorsement. Copy. 1 p.
[C.O. 137, 10. Nos. 11, 11 i.-v. ; and, (without enclosures)
138, 13. pp. 497-503.]
Dec. 12. 168. Mr. Popple to Mr. Attorney General. Encloses, for his
Whitehal. opinion in point of law, Act of Jamaica, July, 17 11, for the further
quieting possessions and preventing vexatious suits at law. I am
to observe to you, that in 1709, a law with the same title was
past at Jamaica and repeal'd here by H.M. for the reasons given
by Sir James Montague, then Attorney General, copy inclosed.
[C.O. 138, 13. p. 412.]
Dec. 16. 169. Governor Hunter to the Council of Trade and Planta-
New York, tions. Besides what is contain'd in the inclos'd duplicate of
what I wrote by the Dunwich, I am now to inform your Lordships,
that the Assembly after having insisted upon the Council's having
no right to make amendments to money bills notwithstanding of
your Lordps.' judgment communicated to them, and haveing
offer'd no bills for support of Government, but such as they well
knew could not pass, being expressly against the terms in my
Instructions, they adjourned themselves for a fortnight and
not meeting at the time appointed, I adjourned them from
day to day during a fortnight longer, when there being eleven
and the Speaker assembled, they sent me a message by two of
their members to inform me of their number, and that they did
not expect any more, signifying their desire by word of mouth for
a recesse during this winter season, which I was obliged to grant,
they not being a number sufficient to act as a house, and
accordingly prorogued them till March 25th next. If your
Lorps. wanted anything further to convince you, that there is no
hope of any support of government from them, unless H.M. will
be pleas 'd to putt it entirely into their own hands these proceedings
would be sufficient. But to shew you to what mean shifts they
are forced to have recourse, I here venture to inclose their address
to H.M. brought to me in the votes of the day, under the hand
of their own Clerke. It is impossible they can conceive any hope
of amusing H.M. with the pretence of their being misrepresented,
their own Minutes of proceedings sufficiently evidencing the
truth of all that hath ever been represented by me or the Council
here, but to amuse the people who feel the expense of their
frequent, long and fruitless sessions heavier then a just settlement
110
COLONIAL PAPERS.
1712.
would prove. Your Ldsps. had long agoe that Bill for establishing
an Agency for New York, for which they addresse, and which
amply enough explains their intentions. I cannot resolve upon
meeting the Assembly in the Jerseys untill I know H.M. pleasure
with relation to the Council of that Province, foreseeing nothing
but inevitable confusion. Mr. Sonmans since his having imbezel'd
the records has thought fit to retire to Pensilvania, where he
diverts himself with printing and dispersing libels against the
Government here. The Palatins continue upon the grounds
where I have planted them, so that we have them at hand when
H.M. shall think fit to resume the design, and require the perform-
ance of their contract. The Indians are at home and quiet, having
return 'd from their Expedition without effecting anything, being
divided among themselves. The Missionary for the Mohacks
is gone thither. I have heard nothing from him since he hath
been there. My numbers are much too few for the numbers of
garrisons. I have not heard of late from the undertakers of the
Fort at Onondague by reason of the season of the year, which
makes me conclude that they have met with no opposition as it
was apprehended. I shall send by the two frigates now under
sailing orders all the Acts past in these last sessions, and can
venture no more by this uncertain conveyance. I hope your
Ldsps. can safely bear rne witness that H.M. hath not a subject
who hath serv'd Her with a more firm and disinterressed zeal,
and I assure you she has not one in a more deplorable situation.
Signed, Ro. Hunter. Endorsed, Reed. Jan. 26, Read March 11,
17}|. 2$ pp. [(7.0.5,1050. No. 59; and 5, 1123. ^.80-83.]
170. Governor Hunter to Mr. Popple. Refers to preceding.
It is not credible that the Ministry after what is past can flatter
themselves that anything is to be done on this side. You will be
able to inform me whither they have any inclination to apply
the proper remedy. This I beg of your friendship that I may take
my measures accordingly, for I would shun if possible the danger
of being a prisoner for life. The Lords of Trade have I find
in every thing done me justice, for which they shall have my
pray'rs and thanks whilst I live which is all I have left to give to
any body, etc. Signed, Ro. Hunter. Endorsed, Reed. Jan. 26,
Read March 11, 17|f. Addressed. Holograph. 1 p. [C.O. 5,
1050. No. 61; and 5, 1123. p. 86.]
171. Governor Hunter to the Earl of Dartmouth. Refers
to enclosure. It would be but a peice of violence offered to your
Lordps'. generous nature to repeat my sufferings, etc. Signed,
Ro. Hunter, f p. Enclosed,
171. i. Copy of No. 169.
171. ii. Journal of General Assembly of New York, Aug. 25
Nov. 1, 1712. Printed. 14 pp. [C.O. 5, 1091. Nos.
81, 81 i., ii. ; and (duplicate) 82.]
Dec. 16. 172. The Queen to Governor Lowther. Upon consideration
St. James's. o f the petition of Alexander Skene and the report of the Council
Dec. 16.
N. York.
Dec. 16.
New York.
AMERICA AND WEST INDIES. Ill
1712.
of Trade etc. Wee do hereby order you upon pain of our highest
displeasure immediately to restore him to his places, and that he
be allowed all the fees and profitts that have occurred since his
suspension to the time of his being restored, etc., as Nov. 24 q.v.
Countersigned, Dartmouth. [C.O. 324, 32. pp. 193-198.]
Dec. 18. 173. [John Campbell and Stephen Duport] Agents for the
sufferers at Nevis and St. Kitts to the Council of Trade and
Plantations. Some of the sufferers of Nevis resettled at St.
Kitts and vice versa before Dec. 25, 1711, and never returned.
Such are not precisely within the letter of the Act, (tho' the
equity seemed to be with them). Endorser], Reed. Read Dec.
18, 1712. I p. [C.O. 152, 9. No. 141.)
Dec. 18. 174. Mr. Popple to Mr. Attorney General . Encloses preceding
for his opinion, as soon as possible, " Christmas Day (being the
last day that any proof can be made) drawing now very nigh."
[C.O. 153, 12. pp. 47, 48.]
Dec. 18. 175. Mr. Attorney General to the Council of Trade and
Plantations. Reply to queries arising from enclosed Memorial.
Mr. Ball and Company may be explained by affidavits, and it
being proved that Burryan and Garnet were partners with Mr.
Ball and that they have resetled, they will be entitled to a share
of ye bounty. What they receive will become part of ye estate
in partnership, etc. Signed, Edw. Northey. Endorsed, Reed.
Read Dec. 22, 1712. Enclosed,
175. i. Petition of Samuel Ball and John Bourryan to the
Council of Trade and Plantations. Petitioners John
Bourryan and John Garnett, deed., were inhabitants
of St. Kitts, trading in goods sent to and from their
partner, Saml. Ball in London, and resettled there.
Their losses by the French invasion were returned by the
Commission as 5550/. 18s. b\d. in the name of Saml.
Ball and Company. Pray that they may have their
due share of the bounty, etc. f p. [C.O. 152, 9. Nos.
142, 142 i. ; ami 153, 12. pp. 48-51.]
Dec. 18. 176. Governor Lord A. Hamilton to the Council of Trade
Jamaica, and Plantations. As my duty requiers of me I shall allways
endeavour to give your Lopps. ye latest advices and accots. of
transactions here that I possibly can. But Sir H. Walker having
thought fitt to break off all further correspondence (v. Dec. 12)
I am altogether unacquainted ye times of convoys, sailings etc.,
which occasions my being obliged to trouble yr. Lopps. with
different letters by ye same conveyance, having closed my dis-
patches ye 12 inst., on wh. day it was reported ye ships were to
saile, but have hitherto been detain'd by ye Admiral. The Flag
of Truce that I acquainted yr. Lopps. I had sent to Petit Guavas
is now return 'd and ye Comte D'arguyan, Governor of that place,
has sent another with an officer here. The prisoners and prizes
taken on both sides since ye time limitted in ye treaty of suspention
112 COLONIAL PAPERS.
1712.
have been reciprocally restored, and that Governor has assured
me that he will stricktly forbid the subjects of ye French King's
in ye extent of his Governmt. from committing any hostilitys on
those of H.M. subjects under Spanish commissions as I had
required of him, and he has likewise proposed to me, the suspention
for four months being now expired, to prolong ye same for six
months, which appears to me to be too much to take on me on my
part, without H.M. directions. But I intend to propose it to ye
Council as my opinion for H.M. service and for ye good and
quiet of her subjects in this Island so farr to agree with ye
proposition of ye French Govr. as to desist from all hostilitys on
both sydes till we receive further accots. of ye intentions of our
respective Sovereignes, and that ye party who shall first receive
intelligence of ye actuall declaration of Peace or a farther cessation
agreed on, shall acquaint the other therewith. But that if on ye
contrary the Treaty of a Peace between England and France
should break off (which is very little expected on either side)
that however notice thereof is to be given before hostilitys shall
commence. Refers to Mr. Aylmer's letter to Peter Beckford (v.
No. 149, iii.) since which ye Council took ye same into consider-
ation, and upon debate a question was putt, which I send yr. Lopps
together with ye dissent enter'd on ye Mmuitts of ye Council.
Yr Lopps. will be ye best judges of the sufficiency of ye reasons
for ye dissent, which have not so much as been offered to be
answered by ye gentlemen of ye contrary opinions, etc. Signed,
A. Hamilton. Endorsed, Reed. Jan. 27, Read July 17, 1713.
If pp. Enclosed,
176. i. Minutes of Council of Jamaica, Dec. 12, 1712. The
Council negatived a resolution by 5 to 4 that the extracts
from Mr. Beckford's letters (No. 149, iii.) have a
tendency unnecessarily to disquiet the minds of the
people. The dissentients' reasons are entered. Same
endorsement. 3| pp. [C.O. 137, 10. Nos. 12, 12 i. ;
and (without enclosure) 138, 13. pp. 503-506.]
Dec. 19. 177. Mr. Attorney General to the Council of Trade and
Plantations. Reply subscribed at foot of part of Memorial No.
173. I am of opinion that the Parliament gave the bounty to
encourage the resettlement of the respective Islands by the old
planters and inhabitants, and did not give liberty to resettle one,
and leave the other destitute, therefore a resettlement to entitle
any person to a share of the bounty must be in the Island, in
which before the invasion the person claiming was settled either
as a planter or inhabitant. Signed, Edw. Northey. Endorsed,
Reed. 20th, Read 22nd Dec. 1712. 1 p. [C.O. 152, 9. No. 143 ;
and 153, 12. pp. 52, 53.]
Dec. 19. 178. Council of Trade and Plantations to the Queen. A
Whitehall, complaint having been made from Virginia in 1709 (q.v.) of
obstructions the Virginia traders met with in their trade with the
Western Indians from the people of Carolina, your Majesty was
pleased to direct the Lords Proprietors of Carolina to give orders
AMERICA AND WEST INDIES.
113
1712.
Dec. 19.
Boston.
Dec. 20.
Barbadoes.
to their Governor there that the said trade should be carried
on without any let, hindrance or molestation whatsoever.
Notwithstanding which, we are informed by Lt. Governor
Spotswood that the Government of Carolina did in July 1711,
pass another Act, whereby they impose the duty and all the
hardships upon the Virginia Indian traders which your Majesty
graciously intended to remedy by the forementioned directions.
Act enclosed. The pretence for exacting the said duty and
imposing the said hardships, is that the Virginia Indian traders
in going to the Western Indians pass thro' Carolina, the bound-
aries whereof are not yet settled. And notwithstanding the
signification of your Majesty's pleasure (March 1st, 1710) to the
Lords Proprietors to appoint Commissioners to meet with others
on the part of Virginia, the same has not yet been done, tho'
the Lieut. Governor of Virginia has oft pressed the Governmt. of
Carolina to it, they pretending they had no directions ; wherefore
we humbly offer that your Majesty be pleased to renew your
Majesty's directions to the said Lords Proprietors that they may
immediatly appoint Commissioners to meet with those of Virginia
for that purpose. We humbly offer that your Majesty be likewise
pleased to signify your Royal pleasure to the said Lords Pro-
prietors of Carolina, that they immediatly (if the same be not
already done) take care that the foresaid Act passed in July, 1711,
so prejudicial to your Majesty's subjects of Virginia, be repealed.
[(7.0. 5, 1363. pp. 437-439 ; and 5, 1335. No. 178.]
1 79. Mr. Addington to Mr. Popple. Encloses public papers
and acknowledges letter of June 13. Signed, Isa. Addington.
Endorsed, Reed. Feb. 12, 17||, Read July 6, 1713. 2 pp.
Enclosed,
179. i. List of causes heard in the Inferior Courts of Barnstable
and Bristol, Mass., in 1712. 8 pp.
179. ii.-x. Account of Ordnance, ammunition and stores of
war in the several forts of New England for 1712.
Endorsed as preceding. IS pp.
179. xi. Proclamation by Governor Dudley, Boston, Oct. 31,
1712, for a day of public thanksgiving to be held on Nov.
20th, for the near view of a happy peace, the general
health and plentiful harvest, etc. Printed (by B. Green).
Same endorsement. 1 p.
179. xii. Proclamation by Governor Dudley, Boston, Nov. 8,
1712, for the strict observance of the Act ascertaining
the rate of foreign coins, etc. Same endorsement. Printed.
1 p. [C.O. 5, 866. Nos. 1, 1 i.-xii. ; and (without
enclosures) 5, 913. pp. 437-441.]
180. Governor Lowther to the Council of Trade and Plant-
ations. I think it my duty to acquaint your Lordshipes that
Monsieur Cassart with five men of war. two store shipes, seven
sloopes and several boates attack'd Surannan the 29th Sept.,
and after some small resistance oblig'd the place to capitulate,
and on Oct. 16th the country paied him 75,000 poundes sterling
Wt. :>fi22.
C.P. 8.
114 COLONIAL PAPERS.
1712.
(as a ransome) for part of which he took negroes, and several other
commodities of the country, and the rest of the said sum was
paied him in Bills of Exchange, for the security and due payment
of which he took hostages. Monsieur Cassart sent one ship and
several sloopes and boates to Barbilios, and nobody here doubtes
but that strength hath taken it. I likewise understand that
Monsieur Cassart is now at Martinique ; I am apprehensive that
he will reattempt some of H.M. Leeward Islandes ; in order to
prevent which and to secure the trade of that place, I have
sent Brigadeer Maxwil, Col. Home, Major William Cogan,
and Guy Ball Esq. to Martinique to enter into a treaty with
Monsieur Phillypeaux for continuing the truce which expired
the llth instant till I either have the Queene's commandes touch-
ing the same, or that Monsieur Phillypeaux hear from the King
of France. Refers to enclosures, which I hope your Lordshipes
will approve of as done for the benefit and security of H.M.
subjectes under my government. I have at last prevail'd upon
the Assembly to pass the Excise Bill without intrenching upon
the Queene's prerogative, and I thank God everything here is
very well, and in a good way of being establish 'd upon a right and
solid foundation. Signed, Rob. Lowther. Endorses!, Reed.
Jan. 30, Read Feb. 2, 17{ -, Holograph. If pp. Enclosed,
180. i. Copy of Governor Lowther 's instructions to Brigadier
Thomas Maxwell, Col. Thomas Home, Major William
Cogan and Guy Ball, for continuing the truce with
Mons. Phillipo. Signed, Robt. Lowther. 1 p.
180. ii. Copy of Governor Lowther's commission to the same.
Endorsed, Reed. Jan. 30th, Read Feb. 2, 1 ?-{-. 1 p.
180. iii. Copy of Governor Lowther's Proclamation, in
pursuance of H.M. Proclamation of Aug. 18 proclaiming
a general truce, commanding H.M. subjects to forbear
all acts of hostility until the return of the Flag of Truce
from Martinique or H.M. further commands. Pilgrim,
Dec. 8, 1712. Same endorsement. 1 large p. [C.O.
28, 13. Nos. 98, 98 i.-iii. ; awl (without, enclosures) 29,
12. pp. 505-508.]
Dec. 20. 1 81 . Governor Lowther to the Earl of Dartmouth. I had
Barbados, notice about six weeks ago that Monsieur du Cass was just then
arrived at Martinique with two men of war, one of which carried
70 guns and the other 50 ; I was further advised that he had
been this last summer at several Spanish ports in the West
Indies, where he had received an immense treasure on board
of the said shipes, with which he attempted to have got into
the Havanna, but that place being blocked up by some of H.M.
shipes, he was forced to make the best of his way to old France,
but meeting with a violent storm on the Bankes of Newfoundland
the 70 gun ship lost her rudder and received some other damage,
which obliged him to come to Martinique to refit. I have ordered
H.M. shipes that attend upon this station to joyn the Dimond
which attends the Leeward Islands and then to cruise off of
Martinique to intercept him ; if the said shipes have the fortune
AMERICA AND WEST INDIES.
115
1712.
Dec. 20.
Barbados.
Dec. 22.
Whitehall.
Dec. 25.
Dec. 29.
Dec. 29.
Barbados.
Dec. 30.
Boston.
to meet Monsieur du Cass I doe not doubt but they will give a
good account of him ; H.M. having upon this service one ship of
72 guns, another ot 40 and two of 50. The inclosed is the Grand
Juries Address to the Queen, and I desire your Lordship to lay it
before H.M. I have not had the honour to receive any commands
from your Lordship since I arrived here, which I am not a little
sorry for ; there being nobody that would more chearfully obey
them, etc. Signed, Rob. Lowther. Endorsed., R. April 13,
1712 (13). Holograph. 2 pp. Enclosed,
181. i.-iii. Duplicates of Nos. 180. i.-iii. [C.O. 28, 43. Nos.
80, 80 i.-iii.]
182. Governor Lowther to the Earl of Dartmouth. Repeats
No. 180, omitting last sentence. Signed, Rob. Lowther. Holo-
graph. 2 pp. [C.O. 28, 43. No. 82.]
183. Council of Trade and Plantations to Governor Lowther.
Enclose copies of Orders in Council, March 8 and Sept. 8th,
repealing two Acts of Barbados, and also copies of Attorney
General's reports thereon, " that you may communicate the same
to the persons concerned, that they may govern themselves
accordingly." [C.O. 29, 12. ^.504,505.]
184. Petty expenses of the Board of Trade Sept. 29 Dec.
25, 1712, 54Z. 2s. 3d. Stationer's bill, 221. 6s. lid. Postage,
UL 9s. lid. 5pp. [C.O. 388, 76. Nos. 146, 149, 152.]
185. Attorney General to the Council of Trade and Plant-
ations. Reply to Dec. 9. I am of opinion the Act having
restrained the bounty to particular persons, noe part thereof can
be allotted for building of churches, for that there is not any
person who is a particular sufferer more yn. others in the loss of
ye church. Signed, Edw. Northey. Endorsed, Reed. 20th,
Read 22nd Dec., 1712. On back of letter of Dec. 9. 1| pp. [C.O.
152, 9. Nos. 144, 144 i. ; and (without letter of Dec. 9), 153, 12.
p. 53.]
186. Governor Lowther to Mr. Lewis. I had the honour to
receive a letter from my Lord Dartmouth dated Oct. 25th,
informing me that the Queen had given you the office that Mr.
Gordon had here, and desir'd me to promote the interest of it as
much as lyes in my power. I will do you all the service I can,
etc. Signed, Rob. Lowther. Endorsed, R. Jan. 30, 17j-f. Holo-
graph. I p. [C.O. 28, 43. No. 83.]
187. Lt. Governor Tailer to the Council of Trade and
Plantations. I no sooner reed, the honour of H.M. Commission,
but thought it my duty to attend your Lordships for your
commands etc. Your favourable reception, and haveing been
some time here, oblidges me to acquaint your Lordships of the
good agreement betweene H.E. Coll. Dudley and myself, etc.
Butt, as wee are a Charter Government, it has occation some
116 COLONIAL PAPERS.
1712.
dispute betweene me and the Councill, (wch. is) that the Lieut.
Govr. has no right to vote with the Councill, without being choose
by the Assembly, att their yearly election to be one of the Councill,
and some of the Assembly are likewise of the same opinion, on
which with humble submission I think I have aright tho' not made
choise of by them, and shall maintaine it as a parogative belonging
to the Crowne, till I have your Lordships opinions to the contrary,
but make no doubt but I shall have it in my favour. May it
please your Lordships the Queen has reserved to Herself notwith-
standing the Charter granted to New England her right of
appointing Her Governour, Lieut. Governour and Secretary,
and it is by virtue of said right I maintaine this priviledge, wch.
I think it my duty to assert, the only reason they have to object,
is that by virtue of the Charter they have aright to choose 28
Councellors and without the Lieut. Govr. is one of that number,
he has no right to act as such, wch. if your Lordships should
construe as they doe, it would be a lessning H.M. authority, and
the betrustment that is put into the hands of Her Lieut. Govr.
who in the absence of the Govr. by virtue of my Commission,
have as full and ample authority as the Govr. himself, etc. They
likewise make provissions for the support of the Govr. by giving
him yearly 500Z. this mony, but take no notice of the Lieut.
Govr. wch. I likewise hope your Lordships will take into your
considerations etc. Signed, William Tailer. Endorsed, Reed.
1st March, 1712 (1713), Read 25th June, 1718. 2 pp. [C.O. 5,
866. No. 148 ; and 5, 915. pp. 120-122.]
Dec. 31. 188. West India merchants and planters to the Council of
Trade and Plantations. If it is intended, by the new Treaty of
Commerce with France, to prohibit the importing of sugers and
other the production of the Brittish Colonies of America into the
Dominions of France, it will greatly discourage the Brittish
Plantations in South America, and be a meanes of raising those of
France, and lessen the Western Navigation, etc. Signed, Nicholas
Lawes and 37 other signatures. Endorsed, Reed. 31st Dec. 1712,
Read Jan. 9th, 17f|. 1 p. [C.O. 388, 15. No. 98.]
[? Dec.] 189. Form of a debenture to be issued to the sufferers at
Nevis and St. Kitts. Presented to the Board by Messrs. (John)
Campbell and (Stephen) Duport. Endorsed, Reed. Read Jan.
13, 17||. 1 p. [C.O. 152, 9. No. 145 ; and 153, 12. pp. 54,
55.]
[? Dec.] 190. Form of a debenture to be issued to the sufferers at
Nevis and St. Kitts.. Subscribed, I approve of this form. Signed,
Edw. Northey. Endorsed, Reed. Read Jan. 20, 17 J4. if pp.
[C.O. 152, 9. No. 154 ; and 153, 12. pp. 68-70.]
[1712.] 191. Copies of powers of attorney granted by sufferers at
Nevis to representatives in England to receive their share of
H.M. grant in aid, 1708-1712. [C.O. 243, 4. pp. 1-311 : and
243, 5. pp. 313-450 ff.}
AMERICA AND WEST INDIES. 117
1712.
17121720. 192. Copy of will of William Venton, planter, of St. Kitts,
April 28s 1710. [C.O. 243, 4. p. 24.]
1 93. Copy of will of James Norton, of St. Kitts, May 28,
1712. [C.O. 243, 4. p. 26.]
194. Copy of will of William Sample, of London, Jan. 12,
1709. [C.O. 243, 4. p. 49.]
195. Copy of will of Charles Gregory, of London, Aug. 16,
1711. [C.O. 243, 4. p. 59.]
1 96. Copy of will of Jedidiah Hutchinson, St. Kitts, Feb. 28,
1711. [(7.0.243,4. p. 10.]
197. Copy of will of Martin Madan, late of Nevis, March 17,
1703. [C.O. 243, 4. pp. 111-116.]
198. Copy of will of Ann Estridge, St. Kitts, June 11, 1709.
[C.O. 243, 4. p. 128.]
199. Copy of marriage certificate of Lionel Davison and
Susanna Cotgrave, Nevis, Jan. 1, 1712. [C.O. 243, 4. p. 131.]
200. Copy of will of William Burt, of Nevis, Oct. 15, 1707.
[C.O. 243, 4. p. 233.]
201. Copy of will of John Byshopp, of Nevis, Dec. 27, 1707.
[C.O. 243, 4. p. 236.]
202. Copy of will of Thomas Neale, of Nevis, Feb. 24, 1708.
[C.O. 243, 4. p. 239.]
203. Copy of will of Richard Martyn, Nevis, Feb. 20, 1701 .
[C.O. 243, 4. p. 241.]
204. Copy of certificate of marriage of Rev. Robert Robertson,
rector of St. Pauls, Nevis, and Mrs. Mary Pogson, Nov. 13, 1709.
[C.O. 243, 4. p. 266.]
[? 1712.] 205. A Memorial by [? Capt. Taverner]. First Scheme. A
true account of the Island of Gaspey and how advantagous it will
be to the French, not only for their trade to Canada, but also for
the makeing a quantity of codfish in Nova Francia, and Petty north
with severall other places of N-f-d-1-d. (1) That Island lying in
the Gulph of the mouth of the St. Laurance and having a fine
harbor in it, must be very convenient for the French ships bound
to Canada etc., the river or harbor being very finly sittuated
for a strong fortification which it's presumable they will build it
being so highly necessary not only for the protection of their own
fishing trade in the Island, and that to Canada, but in time of war,
it will enable them to spoile all the fishing we shall have on the
118 COLONIAL PAPERS.
1712.
coast of Nova Scotia from the Island of Gaspey, St. Lewis, on
the entrance of the River of Canada, in which places are great
quantitys of cod fish, etc. (2) The Island of Gaspey its presumable
is most excellent for cod fishing, it being a Cape of land lying
between two seas, in both of which are great quantity of cod fish,
etc. There is wood for building stages, etc., for firing there is
coals enough, and none in any other part of America. (3) The
Island is very large, etc. described. The weather is much warmer
than in N-f-l-d, so that they catch cod fish there all the year
except January. (4) It is far preferable to N-f-l-d, etc. So that
it is very plain the French will be better seated there than ever
the English were on N-f-l-d, both as to trade and cod fishing, not
forgeting the clandestine trade they may cary on with the Indians
of Nova Scotia and make them our enimies when they please,
having Island of Gaspey, having fishing rome enough for France
and England too, I think the French have no reason to complain
for want of a fishing place ; if the French shou'd insist of any more
fishing place from us, I think it very unreasonable, etc. because
there is very good cod fishing all along the coast of Nova Scotia
from Gaspey to the mouth of the River Canada, which I call
Cape Nova, and about the coast of Cape Charles, which makes
210 leagues on their own coast. We are assured that about the
coast of Cape Charles is very good fishing by reason that several
French ships, since our men of war and letters of mark have gon
to Pettinor and seized their ships and fish, they have deserted that
fishing, and fish on the coaste of Nova Francha near Cape Charles
and made good voiages, etc. If the French must have some part
of N-f-l-d to fish, the best part we cou'd give them is from Cape
Kay to Cape Hamilton, because we have no knowledge of it, but
if they will not accept that, to give them from Cape Hamilton
to Cape St. John, etc. It's most certain the less room we allow
them the worse voiages they will make to confine them is best.
If the French have any permission to fish on N-f-l-d and the
English to trade with them, it will be very pernitious, by reason
that they can cary goods to the land, and sell cheaper than the
English do, especialy salt, wine, brandy, canvas, dowlas, kentin,
nails, and rosin also some silk, there being large consumptions of
those goods, the silk and kentin only excepted, but the New
England merchants will deal considerably in all those goods
except salt and pitch, wch. will incourage the French merchands,
and discourage the English to a great degree, so that speedy care
ought to be taken in preventing the same. If the French have
all these allowances it will enable them to be masters of the trade
in a maner for they have their men cheaper than we possibly can,
they vittle them cheaper, great part of the fishing craft cheaper
as netts, lines, canvas, nails and pitch, these things considered
they will be able to undersell us considerably at the markett,
their fish from Gaspey goeing sooner to the markett than ours
must have the best price, and their haveing so prodigious a coast
in length to fish on, that their advantage will be very great in
that respect. 3| pp. In Capt. Taverner's handwriting. [C.O.
194, 23. No. 16.]
AMERICA AND WEST INDIES. 119
[ill 12.] 206. A Memorial [? by Capt. Taverner]. Second Scheme.
An account of Newfoundland and Gaspey in Arcadia, as to the
comodiousness of the harbor, fishing, firing, and the trade thereof!,
showing how advantageous it will be to the English in liaveing
Placentia, Sbapenor, St. Peters, the Cape of Fortune, and the
coast as far as the west, and north east, as the Isle of St. George,
wch. lyeth in the Gulph of St. Laurence, and how inconsiderable
the Island of Gaspey will be to the English as to the fishing trade
or anything else. Explains hoiv the English Newfoundland fishery
is handicapped by lack of room, and the lateness of their season,
The consumption of all sorts of coarse goods and provisions there,
as well fishing as craft, is so very considerable that it employs
most of the trade in the west of England to make goods for that
countrey.
The fish made by the English indeed are not many, those
which are taken are chiefly caught by the people of Bonavista
at Pettenorth, but if we have Placentia and the coast from Cape
Rase, Cape Ray and from that to Port Rich, its impossible to have
any ground of complaint in that trade, for what we wanted before
is likely to come into our hands, such as want of fishing beaches,
fishing ground and great plenty of fish, and taking it soon in the
year, as also the great plenty of furrs of all sorts, besides dear,
bear, seals, timber, etc. Enlarges on the value of that fishery.
Perhaps some may object that the French haveing of Gaspey
will enable them to catch a great quantity of cod soon or sooner
than we can at Placentia, to wch. I answer that Gaspey is
convenient enough for their ships tradeing too and from Canada
to stop at, but I cannot allow it to be a place for fishing, for there
is no bank near enough to it for botts to fish on, the water near
the shore is very deep, there is a strong tyde allways comes out of
the Gulph of St. Laurence, which must spoil the codfish, so that
its plain the French cannot catch any considerable quantity of
cod fish at that Island, without they have sloops after the manner
of New England fishing, which must be very chargeable to them,
seeing they have no timber upon Gaspey fit for such vessells,
besides they have little or no beach upon that island, and what
there is cannot last long when the consumption will be so great,
that Island has been in the hands of the French some ages, that
they have not fished on it proves it can be of little or no use to
them for fishing, etc., and we need not envy the French having of
Gaspey. Pettenorth must be alow'd to be a very good place for fish-
ing and beaches on the coast fit for making fish, but their ships and
men goeing there have been attended with great difficulties by
reason of the ice, for the French seldom get into their fishing harbor
till the last of May or 15th of June, etc. I am fully satisfy 'd if
the French did not fish there, few or none of the English wou'd,
especially if we have Placentia. There are good furs at Pettenorth
wch. the English have allways caught. I never understood that
any large mast was to be had on that cost for ships. So that all
things considered, I do not se how the French by fisheing at
Pettenorth can any way damage us provided they have no in-
habitants nor build no forts, but go and fish as usal, and that our
120 COLONIAL PAPERS.
1712.
people may fetch furs, or do anything they please among them,
etc. I can only offer one thing more, that as soon as the peace is
made, necessary care be taken to send the forces ordered for
Placentia imediatly, this being tlon it will encourage several to
fish there this season, wch. will be the only help to encourage
ships and inhabitants to come there the next year, etc. If we
fail of this we loose 2 fishing seasons. I think it highly necessary
that some person be apointed to settle all the fishing room in
that part, and likewise to make a discovery of all the harbors
kays beaches etc., to search all harbors which the French are not
to have liberty to fish in, and to seise any they shall find there,
by this method we shall know how to proceed, and make all
necessary improvements. In times past we have been strangers
to the advantag and improvements wch. N-f-l-d is capable off.
7 pp. In Capt. Taverner's hand. [C.O. 194, 23. No. 17.]
[? 1712.] 207. Memorandum. There is a letter of the 20th (v. July
llth) from Nevis that says they were then under no apprehension
of the French. 4 p. [C.O. 184, 1. No. 28.]
[? 1712.] 208. Petition of merchants and traders to Antigua to the
Earl of Dartmouth. Pray that a General Pardon may be issued
to the inhabitants of Antigua. 1 p. [C.O. 152, 42. No. 79.]
209. Copy of certificate of marriage of Thos. Barnaby and Mrs.
Sarah Evant, St. James', Nevis, Aug. 22, 1711. [C.O. 243, 4.
p. 274.]
21 0. Copy of will of Henry Rawlins, of Nevis, Jan. 11,1 709-10.
[C.O. 243, 4. p. 279.]
211. Copy of will of James Walker, of Bow, Middlesex, Jan.
18, 1712. [C.O. 243, 4. p. 280.]
212. Copy of will of Sir James Houblon, London, Oct. 21,
1704, with affidavit of Sarah Brooks as to alterations, etc.
[C.O. 243, 4. p. 309.]
21 3. Copy of will of Stephen Payne, of St. Kitts, Sept. 8, 17 1 1 .
[C.O. 243, 5. p. 318.]
214. Copy of will of Tobias Pender, of Nevis, May 23, 1711.
[C.O. 243, 5. p. 331.]
215. Copy of will of Sarah Bennett, of Nevis, Dec. 28, 1707.
[C.O. 243, 5. " p. 337.]
21 6. Copy of will of Thomas Cottgrave, of Nevis, Aug. 6, 1706.
[C.O. 243, 5. p. 371.]
217. Copy of will of Anthony Peterson, of Nevis, Aug. 19,
1700. [C.O. 243, 5. p. 372.]
AMERICA AND WEST INDIES. 121
1712.
218. Copy of will of Michael Nowell, of Nevis, May 28, 1712.
[C.O, 243, 5. p. 372.]
219. Copy of will of John Hilton, of Nevis, Dec, 22, 1710.
[C.O. 243, 5. p. 385.]
220. Copy of will of William Davis, of Nevis, Jan. 22, 1707-8.
[C.O. 243, 5. p. 390.]
221 . Copy of will of Sarah Lobatto, of Nevis, Jan. 8, 1707-8.
[C.O. 243, 5. p. 393.]
[1712-1713.] 222. List of debentures of relief fund held by sufferers of
Nevis and St. Kitts. [C.O. 243, 9.]
223. Copy of will of John Lytton, of Nevis, May 1st, 1709.
[C.O. 243, 5. p. 400.]
224. Copy of will of Peter Christian, of Nevis, Feb. 26, 1706-7.
[C.O. 243, 5. p. 410.]
225. Copy of will of John Hayton, of Nevis, Dec. 22, 1706.
[C.O. 243, 5. p. 412.]
226. Copy of will of John Edgerly, of Nevis, Feb. 28, 1707-8.
[C.O. 243, 5. p. 419.]
227. Copy of will of Joseph Gurney, of Nevis, April 3, 1707.
[C.O. 243, 5. p. 462.]
228. Copy of will of Anne Ling, of Nevis, Jan. 8, 1709. [C.O.
243, 5. p. 471.]
229. Copy of will of George Chappell, of Nevis, May 19, 1711.
[C.O. 243, 5. p. 500.]
[1712-1750.] 230. Index (bis) to Nova Scotia correspondence, 1712-1750.
[C.O. 326, 47.]
[? 1712.] 231. Address of the Lt. Governor, Council and Assembly
of Antigua to the Queen. Wee, being prevented by General!
Douglass's neglect or some other designe of his, makeing our
earlier approaches to your most sacred Majesty, do now with the
greatest humility and hearts full of joy congratulate your Majesty
on your putting an end to the late bloody warr, by a most advan-
tagious and glorious Peace, etc., to the unspeakable satisfaction
of us your poor distressed inhabitants of this Collony, whose utter
ruine, under God, it has most effectually prevented, when wee were
on all sides environed by an enemy, whose subtilty being equall
to their power oblidged us at a vast expence allwayes to be in
armes, etc. Signed, John Yeamans, Edw. Byam, W. Codrington,
Thomas Morris, Wm. Thomas, Will. Byam, E. Warner. Geo,
Lucas, Speaker. 1 p. [C.O. 1,1. lVo/20.]
122 COLONIAL PAPERS.
[1712.] 232. Gilbert Pepper to the Earl of Dartmouth. The relations
of Daniel Parke having found Samuel Watkins and Dan. McKinen,
of Antigua, they are now secured in Newgate, etc. /Signed, G.
Pepper. 1 p. [C.O. 152, 42. No. 102.]
[? 1712.] 233. Col. Thomas Cary to the Earl of Dartmouth. Being
unjustly prosecuted and sent over prisoner into England, prays
to be admitted to bail and to be heard bv the Lord Dartmouth.
| p. [C.O. 152, 42. No. 104.]
[? 1712.] 234. Clergy of Barbados to Col. Cleland. Solicit his good
offices with the Diocesan and the Society for promoting the
Gospel in settling the affair of Generall Codrington's donation,
and obtaining an instruction to the Governor for granting
escheated lands as glebes to incumbents, " to .be communicated
to him by our hands, that he may be sensible, we are privy to
such instruction," etc. P.8. We mention Col. Codrington's
donation because we perceive by some printed discourses, that the
notion generally entertained of us, is very groundless. We are
not sunk into such a lethargick stupidity, as to be unconcerned
for ye conversion of our slaves. Our zeal is as fervent, etc. as
theirs who think so hardly of us. Signed, William Ball, Charles
Irvine, Gilb. Wharton, Ad. Justice, Willm. Gordon, Edw. Brice,
Charles Cuninghame, Jon. Glasgow, And. Baillie. 3 pp. [C.O.
28, 43. No. 86.]
[? 1712.] 235. A list of names and addresses in England, relating
to Barbados. 10 pp. [C.O. 28, 43. No. 85.]
[? 1712.] 236. Memorandum of the rate of exchange of some Portugal
pieces. 3 pp. [C.O. 5, 1085. No. 1.]
123
1713.
1713;
Jan. 1. 237. The Earl of Dartmouth to the Council of Trade and
Whitehall. Plantations. Encloses following for their report thereon. Signed,
Dartmouth. Endorsed, Reed. , Read Jan. 9, 17{f . 1 p.
Enclosed,
237. i. Extract of a Memorial from the Marquis de Monteleone.
The inhabitants of Guipuscoa and the other subjects
of his Christian Majesty will be maintained in their
free and immemorial practice, exercised up to the
present moment, of navigating, trading and fishing
on the coast of Newfoundland. French. | p. [C.O.
194, 5. Nos. 18, 18 i. ; and 195, 5. pp. 287, 288.]
Jan. 3.
Jamaica.
Jan. 3.
Jamaica.
238. Merchants and traders of Jamaica to the Council of
Trade and Plantations. Complain of the discouragement of their
trade, particularly of the most considerable and advantagious
branch of it, that to the Spanish coast, through Commanders of
H.M. ships of warr having in great measure engrost it and carrying
it on with the Queen's ships, etc. Sir H. Walker has appointed
the rende'vous of his squadron to be at Blewfeilds, one of the
leewardmost parts of the Island, the better (it is suggested) to
carry on a private trade, to the discouragement of that of the
merchants, in the delays and uncertaintys they must expect in
convoys to be obtain'd at such distance from Port Royal, etc.
Pray that H.M. ships may be restrained to guarding the coast and
protecting trade, etc. Signed, Jno. Lynch, Jno. Wyllys and 40
others. Endorsed, Reed. Read March 10, 174-|. 3 large pp.
[C.O. 137, 9. No. 79.]
239. Governor Lord A. Hamilton to the Earl of Dartmouth.
Refers to former letter (Nov. 22). Mr. Rigby, who's absence I
have dispenc't with for some small time upon extraordinary
affairs, will give your Lordship any further information. With
the unanimous consent of the Council, I have writt to the Governor
of the coast of St. Domingo, in reply to his proposition for the
continuance of the suspention of arms in these parts for six
months, to the purport of what I last informed your Lordship of.
Since the Blanrlford sail'd, Sir H. Walker has thought fit to
strick his flag at Port Royal and by advertisments that I am
told he has affixed there he has given out that for the better
conveniency of watering and other reasons not specify'd, it is
thought fitt that ye randevouse of H.M. ships shou'd be at
Bleufields. I need not observe to your Lop. that this is about
200 miles to leward and neer ye extent of that part of the Island,
and ye time it might require upon any emergent occasion to beat
up to windward again, so that how far this may be detrimentall
to H.M. service and ye protection of the Trade by delays it must
necessarly occasion, upon application of ye merchts. for convoys
and other ways, I humbly submitt ; all that I shall add is that I
124
COLONIAL PAPERS.
1713.
Jan. 3.
Jamaica.
Jan. 3.
Whitehall.
Jan. 7.
Treasury
Chambers.
Jan. 7.
London.
observe so general a dissatisfaction amongst the merchts. especially
those concern'd in the trade to ye Spanish coast that there is
reason to apprehend many of them will withdraw their effects
and settle els where, unless some speedy measures be taken to
put a stop to ye inconveniencys which in my humble opinion they
have but too just reason to complain off. Signed, A. Hamilton.
2 pp. [C.O. 137, 51. No. 68.]
240. Same to the Council of Trade and Plantations. Begins
0.3 preceding. Concludes : Since I began this letter I am told
that the merchants have resolved by a representation to apply
to your Lopps. as their proper refuge from who's interposition by
laying the hardships of their case before H.M. they hope for
redress ; If anything of ye kind shou'd be offer'd to your Lopps.,
I think it my duty ernestly to recommend ye forwarding of it as
a matter that nearly conserns ye generall wellfare and prosperity
of this Island, in which ye interest of Great Britain is not a little
concern'd. Signed, A. Hamilton. Endorsed, Reed. March 10th,
Read July 17th, 17-j-f. 2 pp. [C.O. 137, 10. No. 13 ; and
138, 13. pp. 506-509.]
241. The Earl of Dartmouth to Governor Lowther. Mi 1 .
Stewart and Mr. Mendez having represented to the Queen that
Mr. Alexander Walker, one of the Judges of the Court of Chancery
in Barbadoes and likewise a member of the Council there in
combination with Mr. William Walker a practising lawyer have
comitted several frauds and collusions to the great detriment of
trade in general as well as to the prejudice of particular persons ;
H.M. is pleased to order that you strictly examine into the allega-
tions of the enclosed petitions and report the facts as they appear
to you. Signed, Dartmouth. [C.O. 324, 32. p. 198.]
242. Warrant to Governor Nicholson to take with him and
dispose to H.M. best advantage in America of all the surplus
stores from the expedition to Canada, which were brought back
and now in charge of John Netmaker, Commissary of the forces
for that expedition. Signed, Oxford. Endorsed, Reed. Feb.
10, 17l-f. Copy. 2pp. [C.O. 323, 7. No. 22.]
243. M. de Gissey to [? Lord Bolingbroke]. In my letter of
last Saturday, on the subject of the Forts of Florida, I committed
the absurdity of asking pardon for something which I did not
express, etc. I have resolved to explain this matter to your
honour. Its exceeding boldness will justify my hesitation. I
shall hope that the sincerity of my good intentions will secure my
forgiveness. There is a Prince of the Royal Family and of the
Protestant Line, who would be better suited, perhaps, to the
Crown of Britain than he who appears to be publicly destined for
it, although this destination is only by a consequence, and not
through having been called to it by name. To substitute the
first in the place of the second, a special cause would be needed
to produce such an effect, and perhaps one should be brought
AMERICA AND WEST INDIES.
125
1713.
into being which, if it had not the same force as that which
inspires the destination abovementioned, would be strong enough
to render the proposed substitution legitimate and practicable,
seeing that it would not entail any injustice in itself. Measures
to prepare for this end should be taken at once, etc. I await your
orders at the Greyhound coffee-house, Compton Street, Soho.
Secrecy is necessary, and I pray you to burn or destroy this letter.
I am known to the King of Prussia, and can assure you that he
would have confidence in me, particularly in this matter of the
secret. Prays to be recommended to the Lord High Treasurer,
being in great poverty, etc. Signed, De Gissey. French. 2|th
pp. [C.O. 5, 582. No. 1.]
Jan. 8. 244. Order of Queen in Council. Approving representation
St. James's. a s to appeals of clergy (v. Nov. 25, 1712) and ordering accord-
ingly. Signed, Edward Southwell. Endorsed, Reed. 2nd, Read
27th Feb., 17{-|. 1| pp. [C.O. 5, 1050. No. 56 ; and 5, 1123.
pp. 65, 66 ; and 5, 11. No. 90.]
Jan. 8. 245. Order of Queen in Council. Approving representation
St. James's. o f Dec. 19, 1712. H.M. letters mandatory are to be sent to the
Proprietors of Carolina and Governor of Virginia that Commrs.
may be immediately appointed to meet for the settling of their
boundary s, and that direction be likewise given to the said Lords
Proprietors that they do immediately (if the same be not already
done) take care that the Act passed in July 1711, so prejudiciall
to H.M. subjects of Virginia, be repealed. Signed, Edward
Southwell. Endorsed, Reed. 2nd, Read 27th Feb., 17ff 1 p.
[C.O. 5, 1316. No. 92 ; and 5, 1363. p. 479.]
Jan. 9. 246. The Earl of Dartmouth to Governor Lord A. Hamilton.
Whitehall. The Queen has commanded me to transmitt to your Lopp. the
enclosed papers complaining that Mr. Harbert, Naval Officer
of the Island under your Lordship's government, refuses to
account for the publick money that lies in his hands, H.M. thinks
fit that your Lordship endeavour by all legall means to compel
him to do the justice that is expected from him and deliver the
money to such persons as you shall authorize to receive it. Signed,
Dartmouth. [C.O. 324, 32. pp. 199, 200.]
Jan. 9. 247. Minutes taken by Mr. Harris of what passed at the
Board of Trade, Jan. 9, 1713. Thomas Onslow, Capt. Richd.
Thomson, Capt. James, Tho. Mitchell and Rd. Harris waited on
the Board, on behalf of Jamaica and Barbados merchants, touch-
ing the dutys which twas feared might be agreed to be laid on
sugars and other West India comoditys imported into France
att the Treaty of Commerce, which if high or overated would
be in effect a prohibition etc. Notice was taken also about
Hispaniola. If delivered to France would ruine the Plantations.
Endorsed, Reed. Read 22nd Feb. 17|f 2 pp. [C.O. 137, 10.
No. 57.]
126
COLONIAL PAPERS.
1713.
[Jan. 9.]
248. Draught of a letter signed by Mr. Harris and others
after above meeting, to be sent to Mr. Popple ; as to clayed sugars
being laid under the same duty in France as refined, etc. Endorsed
as preceding. 1 p. [C.O. 137, 10. No. 58.]
Jan. 10. 249. Mr. Bridger to [? the Earl of Dartmouth]. I have at last
New England, convicted three persons of cuting down and destroying one mast
tree, which I hope will do a great good by striking an awe on the
people. Prays to be granted H.M. moiety. There is no tar in
this fleet nor any naval stores except masts, the Act for
encouraging Naval Stores from hence is near expiring. I leave
it to your Lordshipp's concideration to revive or not that Act,
but am very well assured that so soon as wee have peace, these
people will make a great quantity of tarr, this being a very
proper place for that service, etc. I humbly pray your Lordshipp's
favour to my Lord Bishop of London, in behalf e of the people at
Newbury who were your Lordshipp's petitioners last year, the
church is finished and there is only a good man wanting, and if
not soon supplyed they will scater and be lost or seduced by falce
bretheren. Signed, J. Bridger. 2 pp. [C.O. 5, 898. No. 27.]
Jan. 13.
Whitehall.
Jan. .13.
Whitehall.
Jan. 13.
Whitehall.
250. Council of Trade and Plantations to the Earl of Dart-
mouth. Enclose commission for Henry Pulleine to be Lt.
Governor of H.M. Bermuda Islands. " We are preparing the
necessary Instructions with all possible dispatch." Annexed,
250. i. Draft of Lt. Governor Pulleine's Commission, in the
usual form, with clause revoking that of Benjamin
Bennett. [C.O. 38, 7. pp. 39-67.]
251 . Mr. Popple to Mr. Attorney General. I enclose you
the draught of a debenture to be issued to the sufferers of Nevis
and St. Xtophers ; and am thereupon to desire your opinion
whether the same is conformable to the Acts of Parliament,
etc. [C.O. 153, 12. p. 55.]
252. Council of Trade and Plantations to the Earl of Dart-
mouth. Reply to Jan. 1st. We have discoursed with such
persons as are able to give us information, and we find that some
Spaniards have come thither with passes from her Majesty,
and others may have fish'd there privately, but never any that
we can learn, did do it, as of right belonging to them. By the
Act to encourage the Trade to Newfoundland, pass'd in the 10th and
1 1th years of his late Majesty when we were in amity and alliance
with Spain, it is declar'd and enacted, that no alien or stranger
whatsoever, not residing within the Kingdom of England,
Dominion of Wales or Town of Berwick upon Tweed, shall
at any time hereafter, take bait or use any sort of trade or fishing
whatsoever in Newfoundland, or in any of the Islands adjacent ;
pursuant to which Act, instructions have been given every year
to the Commodore of the Convoy, to prevent foreigners coming
thither, Autograph Signatures. 2 pp. Enclosed,
AMERICA AND WEST INDIES.
127
1713.
252. i. Extract of a Spanish paper relating to the inhabitants
of the province of Guipuscoa (v. Jan. 1st). They have
always had the liberty of fishing on the coasts of
Newfoundland, and were never molested therein by
the French, and on shoar they gave preference to
whomsoever was first in possession, without any
destinction of nations. Which they prove by several
affidavits of aged persons etc. \p. [C.O. 194, 23. Nos.
8, 8 i., 9 ; and 195, 5. pp. 288-290".]
[Jan. 21.] 253. Petition of Stephen Duport to the Council of Trade and
Plantations. There being lately two vacancies in the Council of
St. Christophers by the death of Col. Stephen Payne and John
Peteres, prays that Capt. Ralph Wlllett and John Duport may be
appointed in their room, being persons of good estate and
character, and well affected to H.M., both actually of the Assembly
and the latter Judge of the Admiralty, etc. Endorsed, Reed. Read
Jan. 21, 17 ]|. 1 p. [C.O. 152, 9. ' No. 155 ; and 153, 12. pp.
70, 71.]
Jan. 22.
Whitehall.
Jan. 22.
Annapolis
Rovall.
Jan. 22.
Whitehall.
Jan. 26.
Barbados.
254. Council of Trade and Plantations to the Lord High
Treasurer. This Commission is in arrears seven quarters at
Christmas last, etc., as April 2, 1712. [C.O. 389, 37. p. 55.]
255. Governor Vetch to the Earl of Dartmouth. Refers
to previous letters relating to the pay and provisions for the
garrison. Continues : By the non-payment of the bills formerly
drawn, the publick credit in Boston is so intirely ruined it is
impossible allmost to gett any person to advance money. It
was with the greatest difficulty imaginable that I could procure
provisions for the garrison until May 10th next, without which
the garrison must have desolved, etc. Prays for his Lordship's
intercession with the Lord High Treasurer, and for his commands,
as also for leave to come home to answer any objections, etc.
Signed, Sam. Vetch, f p. [C.O. 5, 9. No. 115.]
256. Council of Trade and Plantations to the Earl of Dart-
mouth. Enclose following.
250. i. Draft of Lt. -Governor Pulleine's Instructions. Similar
to those given to Lt. Governor Bennett. [C.O. 38, 7.
pp. 68-170.]
257. Governor Lowther to the Council of Trade and Plant-
ations. Encloses Minutes of Council with Commission, etc. given
by him to Brigadier Maxwell etc., to treat with M. Phyllypeaux
for continuing the truce etc. (v. No. 180), I forgot to acquaint your
Lordshipes that I did this by vertue of H.M. Instruction No.
108. The reason that this negotiation took no effect, was
occasion'd (as the gentlemen who went upon it inform'd me)
by a letter which Capt. Hamilton writ to General Phillypeaux.
Refers to Minutes of Council. I won't take upon me to say that
Mr, Hamilton's conduct in this matter is criminal, or if it be,
128
COLONIAL PAPERS.
1713.
of what quality it is off, all this being submitted to your Lordships'
judgement. I again intreat your Lordshipes to state to H.M.
not only this matter, but also what I have laid before you in
several letters touching the conduct of the men of war, and to
signify H.M. pleasure to me what I am to do upon the breach or
neglect of any orders I shall or may give them for H.M. especiall
and immediate service.
I am inform 'd that your Lordships are dissatisfy 'd with the
proceedings that were had here against Mr. Skene, but not knowing
the particulares and groundes of such dissatisfaction, I am
not now able to answer the suggestions or insinuations upon
which it may be raised, therefore I humbly hope your Lordshipes
will so far indulge me as to impart the causes of your discontent,
before you give any judgement or opinion against me, and if I
do not give you intire satisfaction, 1 shall then very chearfully
acquiess. Signed, Rob. Lowther. Endorsed, 7th March, Read
17th July, 1713. Holograph. 3 pp. [(7.0. 28, 14. No. 3;
and 29, 13. pp. 58-61.]
Jan. 26. 258. Governor Lowther to the Earl of Dartmouth. Duplicate
Barbados, of preceding, omitting last paragraph. [C.O. 28, 43. No. 87.]
Jan. 27.
Treary.
Chambers.
259. W. Lowndes to the Council of Trade and Plantations.
H.M. Commission under the Great Seal of Great Britain having
appointed Francis Nicholson (v. Oct. 14, 1712) to be her Commr.
in North America for enquiring into and about the severall matters
in the said Commission menconed among which the trade of
her subjects of Great Britain and any affairs relating to settle-
ments, fisherys or otherwise, which may tend to the advantage
of H.M. and her said subjects is a principall concerne, my Lord
Treasurer has ordered him to wait on you with his commission,
and desires you will consider thereof and furnish him with such
Instruccons as you shall think necessary for executing that
part of his commission which concerns the trade of this kingdome,
or any other matters authorized by the said commission and
cognizable by you as Commrs. for Trade, with effect. And
because it cannot be presumed that a commission of so large an
extent can be executed without the assistance of some able officers
and clerks under the direccon of the said Coll. Nicholson, my Lord
also desires you would consider what assistance is necessary and
of the capacity of those persons which Coll. Nicholson shall propose
for that service, and what allowances are reasonable to be made
not only to the said officers and clerks but also to Coll. Nicholson
himselfe, and make your report to his Lordp. with all convenient
speed. Signed, Wm. Lowndes. Endorsed, Reed. Read Jan.
27, 17-JI-. Addressed. 1 p. [C.O. 323, 7. No. 20 ; and 324,
10. pp. 10. 11.]
[Jan. 27.] 260. Micajah Perry to the Council of Trade and Plantations.
The Depty. Governr. of Virga. finding it needfull to make some
defence agt. the Indians, called the Assembly in order thereto,
but the Assembly being sencible of the extreeme poverty of the
AMERICA AND WEST INDIES. 129
1713.
country, and the necessityes of the people could not raise anything
to beare the charges of their defence, and so were dismist. And the
Deputy Governour finding all the armes formerly sent by the
Govermt. distributed and not accounted for but lost, prays
ELM. notwithstanding the miscarriage of former armes un-
accounted for thro' the various intervailes of the Govermt. to
grant such armes as he prays for to make defence against the
Indians, etc. Signed, Micajah Perry. Endorsed, Reed. Read
Jan. 27, 17}f . | p. [C.O. 5, 1316. No. 87.]
Jan. 29. 261 . Council of Trade and Plantations to the Earl of Dart-
Whitehall, mouth. Since our letter of May 15th last, relating to stores of
war for Virginia, we have been informed, that upon Col. Spots-
wood's apprehension of an Indian war, he had proposed to the
Assembly the raising a fund for supplying that Colony with arms,
but that the poverty of the people was such, the Assembly did
not raise any such fund as had been desired ; upon which we
take leave to observe to your Lordship ; that in case the Indians
should rise (as Col. Spots wood in several of his letters has
intimated he had reason to fear) it may prove of fatal consequence
to that Colony, and very prejudicial to H.M. revenue arising
by the Customs on tobacco here ; for as Col. Spotswood writes,
he is not in any condition to oppose any considerable attempt
from the said Indians, as we more particularly laid before your
Lordship Dec. 6th, 1711, and therefore, we are humbly of opinion,
that it will be for H.M. service and for the security of that Colony,
that a supply of small arms and ammunition be sent thither, as
desired by Col. Spotswood, under the regulations and restrictions
proposed in our letter, May 15th. [C.O. 5, 1363. pp. 440, 441 ;
and 5, 1335. No. 179.]
Jan. 31. 262. Lords Proprietors of Carolina to Col. Rhet. We have
Craven House, received your accounts from our Secretary and do intend to
consider them at our next Board and then we shal send you our
opinion relating to them ; But in the meantime we must tell you,
that we have received a letter from Mr. Craven dated Nov. 20,
1712, giving us an account of very ill language you gave him
and the affront you offer'd us and our Governor, the words alledg'd
against you were ; this is but a Lords Proprietors Government,
and I wou'd wipe my arse with the Commission ; We have very
great reason to resent such an indignity offer'd to us by our
officer, and we expect that since you have thro' inadvertencj'
or passion, suffer'd such imprudent words to escape from you,
that you should submit yourself to our Governor and ask his
pardon. Signed, Beaufort, Carteret, M. Ashley, J. Colleton, J.
Danson. [C.O. 5, 290. p. 62.]
Jan. 31. 263. Same to Governor Craven. We received your letter
Craven House, dated Nov. 20, 1712, wherein you give us an account of what you
so kindly and charitably have done towards the assisting your
neighbours in North Carolina. We thank you for your endeavours,
wch. we hope will have the effect they were designed for, and will
Wt. 5)322.
130 COLONIAL PAPERS.
ITL'i.
put an end to the Indian warr in that province ; we highly resent
the affront that was offerd to you by Col. Rhet and we shal take
care that all reasonable submission and satisfaction, shal be made
to you upon that acct., but at the same time we must tell you,
that we are surprized that you should offer to discharge any
officer commissioned by us under the Great Seal of the Province ;
and we do hereby require you to restore him his Commn., and we
shal direct him by our Lre. (copy enclosed) to make such
satisfaction to you, as the nature of such offence shal require.
We shal take into our consideration such Acts as have passed the
Assembly, since you were Govr. and have been transmitted to us
for our approbation and in a short time we will give you our
opinion relating to them ; we wish you success in your Govern-
ment. Signed r/.s preceding. [C.O. a, 21)0. p. 03.]
Jan. 31. 264. Copy of General Nicholson's Commission from the
Craven House. Lords Proprietors of Carolina. Many complaints having been
transmitted to us, relating to very great disorders that have
been lately committed in H.M. province of North Carolina, which
complaints tho' in some measure prov'd by affidavits, have
given us so imperfect an account of the said disorders, that we
were not thereby enabled to lay the same before H.M., to receive
Her royal commands relating thereto ; to the end therefore that
H.M. may receive a more certain information of all those illegal
proceedings and disorders, we authorize, constitute and appoint
you to be our Commissioner to enquire into the aforesaid illegal
proceedings and disorders by a full examination of the affidavits
and allegations on both sides, to inform us what was the occasion
of them, and who were the authors and abettors of them, and to
represent to us, what you shal think to be the most proper expe-
dient to put an end to the same ; and we do hereby authorize
you, after you have made enquiry into the said disorders, to
appoint such persons as you shal think most fit and proper
to represent us as Deputies in the Council of the province afore-
said ; and we do hereby desire you to transmit to us an account of
your doings, etc., in writing with what convenient speed you can ;
and we do hereby require the Deputy Governor and all officers
to be assisting you, etc. Signed, Beaufort, Palatin ; Carteret,
M. Ashley, J. Colleton, J. Danson. Endorsed, Reed. Read Feb.
25, 17j|.' 2^ pp. [C.O. r,, 1204. A T o. 131.]
Feb. 2. 265. G. Bonnin to the Earl of Dartmouth. Your Lordship
London. being pleased some months ago to order me in the Gazette to
waitte att the office, and haveing done it without any appearance
of hopes, makes me believe that your Lordship was no wayes
apprise of my misfortunes, it is very hard my Lord, that after the
murther of my son in law in Antego, and most my own, and the
obligation laid upon me to maintein his three yong children with
their poor desolate mother beside my own, ever since Dec. 7,
1710, when the rage of the people rebelled and murdered their
General, and that the begining of July last I was commanded by
the Chief Governour there to come to England for H.M, service
AMERICA AND WEST INDIES.
131
1713.
under his hand and seall which order Mr. Lewis has had in his
hand and told me for all comfort that I ought to [Jiave] bargain 'd
with the General when I came away, tho' not two hours of warning
given before the ship say led : etc. My charges in coming and my
expences since have utterly ruined me and all by my inviolable
loyalty, etc. Prays for his Lordship's compassion. Signed,
G' Bo'nnin. Addressed. 1 p. [C.O. 152, 42. No. 96.]
Feb. 5.
Whitehall.
266. Council of Trade and Plantations to the Lords
Proprietors of Carolina. Enclose extract of Col. Spotswood's
letter (May 8th, 1712) relating to Carolina. [C.O. 5, 1202. p.
375.]
Feb. 5.
Treary.
Chambers.
267. Wm. Lowndes to the Council of Trade and Plantations.
Encloses following, " which my lord Treasurer desires you will
consider with other the matters now before you relating to "
Col. Nicholson's Commission etc. Signed, Wm. Lowndes.
Endorsed, Reed. 5th, Read 19th Feb. 17 [|. Addressed. 1 p.
Enclosed,
267. i. Mr. Baker and Mr. Gosselin to the Lord High Treasurer.
Prize Office, Jan. 31, 1712 (13). Enclose following.
Conclude : It not having been the practice of the
Prize Office all this warr as well as the last, to constitute
officers on any such business at a standing allowance of
salary, we humbly offer whether J-th part of what may
be recovered free of charges may not be a more proper
recompense rather than a setled salary, and be an
inducement to use his utmost diligence, etc. Signed,
Tho. Baker, Wm. Gosselin. 1 p.
267. ii. Instructions to Governor Nicholson for recovering
arrears of prizes in America, and discovering embezil-
ments, etc. Signed and dated as preceding. 2 pp.
267. iii. List of prizes already accounted for. 1 p. [C.O.
323, 7. Nos. 23, 23 i.-iii. ; and (without No. ii.) 324,
10. pp. 15-18.]
Feb. 6.
St. James's.
268. The Queen to [? Governor Hunter]. Warrant to proceed
in cases of appeal by clergy as directed Jan. 8, q.v. Countersigned,
Dartmouth. [C.O. 324, 32. pp. 205-207.]
Feb. 7. 269. C. Douglas to [?the Earl of Dartmouth]. Asks for the
Government of Maryland, on the recommendation of the late
Duke of Queensberry etc. Signed, C. Douglas. 1 p. [C.O. 5,
721. No. 14.]
Feb. 9. 270. William Blathwayt to Mr. Popple. Encloses following.
Whitehall. P.S. There have been several proposalls made to ye executors
of Ld. Culpepper for the reuniting this part of the Colony which
have not yet been duly effected. Signed, Wm. Blathwayt.
Endorsed, Reed. 9th Feb. 17|f, Read 17th Nov. 1715. f p.
Enclosed,
132 COLONIAL PAPERS.
1713.
270. i. Copy of King James II. 's grant to Lord Culpeper of
land in the Northern Neck of Virginia, Sept. 27, 1688.
8* pp. [C.O. 5, 1317. Nos. 14, 14 i. ; and (without
enclosure) 5, 1364. p. 259.]
Feb. 10. 271. Governor Nicholson to the Council of Trade and
Plantations. In obedience to yr. Lordps'. commands, I humbly
lay before yr. Lordps. a coppy of the establishment for the
Commrs. apointed to inspect the publick accots. abroad. I hope
that my allowance may be at least equall to one of theirs, or to
any of the Governours on the Continent of America, being I have
tenn times the work and shall be oblidged to travell by land near
1000 miles wch. is very expensive in those parts. Mr. John
Netmaker being apointed by my Lord Treasurer to proceed with
me in the voyage and to take care of the stores that are to be
disposed off abroad, I humbly propose that he may be Secretary
and that I may have three clerks to assist me, their sallary or
allowance, I humbly submitt to your Lordps'. consideration, ete.
Signed, F. Nicholson. Endorsed, Reed. Read Feb. 10, 17-ff.
1 p. Enclosed,
271. i. Copy of the establishment for the Commissioners
appointed to inspect the Publick Accounts abroad,
Oct. 9, 1711. 51. a day each, 21. a day to the Secretary.
1 p. [C.O. 323, 7. Nos. 21, 21 i. : and 324, 10. pp.
11-13.]
Feb. 11. 272. Lt. Governor Spotswood to the Council of Trade and
Virginia. Plantations. It is so long since I had an opportunity of writing
to your Lops, that I hope you will the more easily pardon the
trouble I shall give you in this long letter, since I am obliged to
comprehend therein the transactions of a late General Assembly
and the other occurrences of this Government together with those
of the neighbouring province of North Carolina. The publick
debts which had been contracted upon the expected invasion of
the French squadron fitted out for the West Indies in 1711,
together with the necessitys of continueing the Rangers, for the
guard of our frontiers against the incursions of the Indians,
obliged me to call an Assembly to meet Oct. 22nd, etc. And tho'
the greater part of the House of Burgesses consisted of the old
members, I have so far prevailed on them that all the publick
debts for putting the country in a posture of defence are now
discharged ; except one for a spyboat imployed to cruise about
the Capes in the absence of our guardships, and the expence of
subsisting the French prisoners, which I have been obliged to
satisfy out of H.M. revenue of 2s. per hhd., finding it in vain to
press them after sundry repeated denials, in regard of the great
charge now on the country for the Rangers, which are continued
for another year. In order to perswade the House of Burgesses
to discharge the expence of the spyboat and of the French
prisoners, I laid before them a state of the annual charge of the
Government for the last two and twenty years, together with the
produce of the established revenue for the same time ; whereby I
AMERICA AND WEST INDIES. 133
1713
made it appear that the fund raised by the Revenue Act had
since 1689 fallen short of answering the sallarys and contingencys
of this Government by 14Q11. Is. ll^d., and that such deficiency
had from time to time been supplyed by the Crown Revenues ;
and thereupon I took occasion to argue with them as may be seen
in my message of Nov. 28th (Burgesses' Journal). Indeed in stating
the accompt I charged the country with the sallarys of all the
officers of this Government, even with those of the Commissary
and Attorney Generall, which are paid out of the quitt-rents ;
and on the other hand I extracted all sums that had arisen by
fines and forfietures by the purchase of rights for land, and by
the sale of the Queen's arms, which articles I find have before
my time been allowed to pass in the same accompt with the
revenue that arises by the Act of Assembly made in 1680, and
so have always been applyed to the support of the Government.
The honour your Lordps. have done me in approving my conduct
in relation to the civil dissentions in North Carolina is the greatest
encouragement I at present have for the continuance of my
endeavours to assist that unhappy country. I wish I could have
reciev'd from your Lordps'. Board directions for my better
guidance in a matter of far greater consequence, I mean, that of
their Indian war ; which would have been so much the more
necessary in regard to the difficultys I have to struggle with here ;
for such is the natural disposition of these people towards aiding
their neighbours, that I can very assuredly inform your Lordps.
that I am the only person of this Government that ever proposes
giving any assistance to North Carolina in its distresses, and must
alone furnish the arguments to obtain the Council's concurrence,
or to procure any supplys from the Burgesses : besides that
whatever I undertake in behalf of that distracted country,
I am forc'd to push on with a great deal of trouble and expence
to myself. On the other hand there reigns such stupidity and
dissent in the Government of North Carolina, that it can neither
concert any measures, nor perform any engagements for it's own
security. For upon a representation from the President, Council
and Assembly of that province, of their miserable circumstances,
which I immediately laid before our Assembly with all the
exhortations I could use to move their pitty to their distressed
fellow-subjects (v. Journal) all I have been able to obtain from our
House of Burgesses is only the sum of 1000?. and 900 yards of
course cloathing for the poor people that have been plunder'd
by the heathen, and (as it was represented) would be obliged to
ly out in the woods for the protection of the remaining part of the
province against their incursions in the winter season, our
Burgesses looking on that province as the author of its own
misery, by the continued disorders in the Government and the
licentiousness of the people. And tho' in that Address they say
they have given this supply with chearfull hearts, yet the struggle
with which it passed in their House is an evidence of their dis-
inclination : however it must be acknowledged that this
inconsiderable sum, tho' unequal to the charge necessary for
subduing that barbarous enemy, is nevertheless the greatest
COLONIAL PAPERS.
1713.
donative ever given by an Assembly here to be expended out of
the country. I am now endeavouring to lay out this small
supply to the best advantage, as soon as the season of the year
will favour an expedition against the Indians, and should have
hoped by the assistance of the forces sent from South Carolina
(which consist of 850 Indians and 33 white men) to have reduced
the enemy, had the Government of North Carolina done their
part : but notwithstanding the assurances given by their
Assembly in their Address (enclosed) that they would supply with
provisions and the charge of transportation, what forces should be
sent from hence to their assistance ; upon a conference which I
had with some agents from that Government about 3 weeks agoe,
they plainly told me that they could furnish neither : nor could
they make any proposals to me either for helping themselves, or
enabling me to do it. And tho' at their request I have supply'd
'em with the cloathing, which was intended for 300 men to go out
against the Indians, they cannot now find 100 in the whole
province to go on that expedition : some deserting the country,
others absconding, and the rest sheltering themselves under the
masque of Quakerism. Such gross mismanagements as these
have in a great measure been the occasion of their unhappy
circumstances, and must entail on them further miserys, if any
accident should happen to the gentleman who commands the
South Carolina Indians ; for as they are made up of a great many
different nations, and kept together by the sole authority of that
single person, there is no question to be made, but that if he should
fall, or recieve any considerable disadvantage in his attempts
upon the Tuscaruros, all these Indians would imediately disperse
and leave their friends in a much worse condition than they
found 'em, having already committed very great disorders in the
country through which they passed ; from which no authority
of their officers could restrain them. After my gratefull acknow-
ledgments to your Lordps. for your favourable recommendation,
to which I am satisfied I owe H.M. bounty in continuing to me the
allowance for house rent for two years longer, I am now to
acquaint your Lordps. that I have obtained of the General
Assembly a further sum of 900, for finishing the house for the
Governor, and I hope with that money, to compleat it within the
time H.M. hath been pleased to limit my allowance, and am so far
from postponing the work for the lucre of that house-rent, that
tho the money given by the Assembly is rais'd on a distant fund,
which cannot be expected to come in, in at least two years,
(because it is anticipated for the payment of former debts) I still
continue the workmen upon my own credit, having no other
intention than to accomplish what H.M. has so often recommended
to former Governors. As to the other proceedings of the
Assembly of lesser moment I refer your Lordps. to the Journals
and the laws passed in this session, upon which I shall not need
to give your Lorps. the trouble of any remarks, as judging neither
the interest of Great Brittain nor H.M. prerogative to be anyway
concerned therein, unless your Lordps. be of opinion that the
Act to prevent land lapsing from infants untill three years after
AMERICA AND WEST INDIES. 135
1713.
they come of age is such. Tho' I had a very just exception against
this law, because I take it that nonage is not pleadable against
the Crown, and am of opinion that 'tis presumption in a plantation
Assembly to abridge the Crown of that priviledge by an Act :
yet finding the Burgesses extreemly fond of this law, and that the
country in general had set their hearts very much upon it, I
Avas unwilling to .sower their temper by contending with them in an
indifferent matter ; I say an indifferent matter, because if
H.M. shall think fitt to disallow this Act at any time within three
years, the whole effect of it is destroyed. And since I have
observed that whatever favours are allowed to pass in Acts of
Assembly are seldom reckoned by the people in this climate as
gracious concession of the sovereign, 'tis therefore in my humble
opinion more advisable that such-like graces as these be extended
to the country, in the same manner as they have recieved the
benefitt of the Habeas Corpus Act. In pursuance of H.M.
permission for passing into a law the 84th article of my Instruc-
tions relating to the conditions of granting of lands, I got a bill to
be prepared by the Council in the manner I judged most agreeable
to H.M. intentions, the circumstances of the country and the ease
of the subject : a copy of which I herewith transmitt, wherein
your Lordps. will observe the different sorts of cultivation
proposed, as suited to the nature of the land to be taken up ; and
as any other kind of improvement would be impracticable on
those several soils, so there would have been a sufficient restraint
on persons from taking up great tracts (as heretofore) without
any design of cultivation : and on the other hand the conditions
required being so reasonable on the part of the patentee, I could
not but hope a House of Burgesses would have readily embraced
that offer. But the license to which they have been hitherto
accustomed remains still so fresh in their memorys, that it was
with difficulty they would allow this Bill a second reading in their
house, and then rejected it. Your Lordps. no doubt remember
what applications were made to your Board, even by the President
and Council against this instruction, and that during their admin-
istration it was never offered to be put in practice, which shews
the general aversion of the whole country to alter their antient
customs, how unreasonable soever they may appear to all dis-
interested persons. And it seems strange to me when I read
over the records of the country to find such unaccountable
proceedings in the granting of lands as have been practised
heretofore ; that the General Courts where the Governor has no
negative voice, and must be concluded in his judgment by the
majority of the Bench, should be allowed to pass grants of land,
and even in a manner so dishonourable as to order the Governor
to grant a patent, which nevertheless was the practice before my
time ; that everyone who had a mind to a tract of land vested in
the Crown either originally or by lapse or escheat, claimed a right
to have a patent for it upon his petition, without acknowledging
any right in the Governor to dispense the favours of the Crown,
according to the merits and qualifications of the person. This
custome being suffered so long to prevail is now pleaded as the
136 COLONIAL PAPERS.
1713.
right of the people, and all restrictions of that method look'd
upon as so many infringements of their liberty. And H.M.
favour seems to them a new term, with which they are not
acquainted, or at least have forgot the meaning of. I shall
however make it my business, as 'tis my duty, to bring them to
another opinion : and I hope I have in some measure convinced
them by the answer I gave to the Assembly's Address in November,
1710, (wherein they desired the ancient method of taking upland
might be restored to them) since they have never yet thought
fitt to make a reply, nor to trouble me with any further applica-
tions on that head. And I'm perswaded that nothing can be
more pernicious to the good government of these plantations
than to suffer any custom whatsoever to obtain either in the
Courts of Justice or otherwise contrary to the just prerogative
of the Crown, and wherein the favour of the Crown and the right
of the subject are not distinguished ; so that I must offer it as
my humble opinion that there is no necessity of making any
laws for directing the manner of granting H.M. lands, and that
the Royal Instructions ought in all such cases to be a law both for
the Governor and the People. I cannot forbear taking notice
of another abuse crept into the administration, in the way of
claiming lands for the importation of persons into the Colony.
By the charter of King Charles II, there is allowed to every person
that shall come to dwell here 50 acres out of the land not already
appropriated ; and although there can be no doubt that the
design and meaning of this priviledge was to encourage persons
to adventure themselves for peopling the country, yet this privi-
ledge has not only been allowed to the persons imported but to
the masters of ships who brought them in, to the merchants who
had the disposal of them as servants, and to the masters who
purchased their service ; so that for one person imported, there
has been granted away, instead of fifty acres, no less than 200.
By this easy way of obtaining rights for taking up land, and the
encouragement given by the Act in 1666, establishing a sham
condition of seating and planting, it has happened that such
vast tracts are now possessed by sundry persons, who thought fitt
to imploy their thoughts that way, which remain for the greatest
part uncultivated to the great prejudice of the Colony, and the
discouragement of future Adventurers, where they can find little
or no convenient land to plant upon. By the law passed in
1706, concerning the granting, seating and planting of land, the
priviledge of 50 acres of land was again restored, solely to the
person imported. But since the repeal of that Act people have
begun to practice the same fraudulent way of proving rights for
importation. For preventing of which abuse I have by a pro-
clamation (enclosed) directed all rights already proved to be
brought in for examination, before any patents are passed on
them, and have settled a method for registering of future rights
in the Secretary's office, wherby no person can obtain a grant of
any greater quantity of land for one importation than is allotted
by the Charter, and this will also prove a means of increasing
the fund arising by the sale of rights. Notwithstanding the
AMERICA AND WEST INDIES. 137
1713.
directions given by his late Majesty for revising the laws of this
Colony and a long time spent therein by a Committee of the
Council and Burgesses, which cost the country upwards of
1500?., I find that work still very imperfect. For the body of
laws passed by the Assembly in 1706 as prepared by the fore-
mentioned Committee doth not comprehend (as was intended)
the whole laws of the country, there being divers old Acts of
Assembly still in force and particular clauses in other Acts yet
pleadable in the courts of justice here, as not coming under the
purview of the general repealing clauses in the revised laws ;
which occasions great confusions in the proceedings of those
courts, while people continue ignorant what is la-w and what is
not. I might it's true have recommended this matter to the
Assembly, and got them to reenact those other old laws. But
when I consider how many disagreeable clauses were foysted in,
both by the Committee and the Assembly that passed the late
revised laws, which lias occasioned the repeal of sundry of them,
and divers others remain in force, which have passed unobserved
among the crowd, I can hardly perswade myself to this method,
and am very much in doubt whether it was ever your Lordps'.
intentions that the revising the laws should be performed in the
manner it was done. I therefore am of opinion that the collecting
of all the laws now in force into one body may be done with
better success by the Secretary of this Colony, the Clerk of the
Council, the Attorney General, and one or two of the most
eminent English lawyers here joined with them : for as the two
first have the custody of all the Records, to which recourse must
be had in this work, their concurrence and assistance will be
absolutely necessary therein, and the other three will be best able
to digest them into a proper method. I find they are willing to
undertake the work, upon little more encouragement than the
sole priviledge of printing and selling the copys. And if H.M.
think fitt to allow those laws to be published by the Governor's
authority and impower me to grant that li cense to these gentlemen,
I shall then transmitt a copy of the whole to your Lordships for
your perusal before they are printed. This I submitt to your
Lordps'. consideration, arid shall wait your commands before
I sett about this project. I have herewith sent your Lordps. an
account of the arms and ammunition, according to the best
account I could obtain of them from the countys into which they
have been formerly dispersed : most of these arms are unfitt for
service and the powder very much decay'd. I have also sent an
account of the negroes imported from the coast of Africa, being
but a small number in one ship last Fall ; and there's no great
reason to expect many more while the price of tobacco continues
so low, and the country by that means so poor. The list of
births and burials herewith sent is not complete ; sundry parishes
having failed to make returns ; for 'tis a thing so new to the
people, that neither they care to register their births and burials,
nor are the parish clerks yet brought into a regular method of
transmitting them : but I shal endeavour to send your Lordps.
a more exact account for the next half year. Col. Harrison one
138 COLONIAL PAPERS.
1711}.
of H.M. Council being lately dead, I cannot recommend a fitter
person to supply that vacancy than the gentleman H.M. was
pleased last year to honour with the office of Secretary, Mr.
William Cocke. The gentlemen of the Council who live near
this place, being now reduced to a small number, it is difficult
to get enough together on any sudden emergency ; which makes
me the more desirous to have this gentleman speedily added,
because of his residence at Williamsburgh, and that he will always
be near at hand upon such occasions : and for the same reason I
beg leave to mind your Lordps. of replacing Col. Bassett in his
former post at that Board. P.S. I did not discover before I was
sealing my letters that the laws are not written separately, as
they ought to have been ; which is occasioned through the
mistake of a new clerk of the House of Burgesses : but I shal take
care to amend that error in the duplicates wch. shal be sent your
Lodps. by the next conveyance. Signed, A. Spotswood. Endorsed,
Reed. 22nd April, Read 17th July, 1713. 8i pp. Enclosed,
272. i. Copy of an Address from the President and Assembly
of North Carolina to Lt. Governor Spotswood. The
many instances of your favourr encourages us to renew
our supplications for some timely assistance, under the
most miserable condition that ever people groan'd.
We have exerted our utmost endeavours, as well by
arms as by treatys to maintain the honour of the
British and Christian character ; but what with the
greatest poverty, the repeated slaughters of our men, and
the disability of our few remaining by wounds and
continual fatigues and marches, we are rendered not
only incapable of carrying on an offensive but even a
defensive war : and the barbarous heathen are too well
acquainted with our disability, both which renders
all treatys vain, and likewise makes us more obnoxious
to their barbarous crueltys, etc. What we can promise
on our parts is provisions and the expence of trans-
porting the soldiers, which is all our wretched circum-
stances will admitt of, etc. Signed, Tho. Snoden,
Speaker. C. Gale, N. Chevin, Tho. Pollock, T. Knight,
Wm. Reed, Tho. Boyd. 1 p.
272. ii. (a) Proclamation by Lt. Governor Spotswood for pub-
lishing H.M. Proclamation of the Armistice. Signed,
A. Spotswood. Williamsburgh, Oct. 15, 1712. 1| 'pp.
272. ii. (6) Proclamation by Lt. Governor Spotswood requiring
a return every six months of certificates of rights to
land obtained in the County Courts respectively for the
half year preceding to be examined and registered in
the Secretary's office, etc. Signed, A. Spotswood.
Williamsburgh, Dec. 9, 1712. The whole endorsed as
preceding. \\ pp.
272. iii. List of Births and Burials in Virginia, April 1st
Oct. 1st, 1712. Totals : Births, Males 364, Females,
322. Burials, Males 93, Females, 75. Same endorse-
ment, f p.
AMERICA AND WEST INDIES. 139
1713.
272. iv. Accompt of negro slaves imported from Africa, 1712,
113, sold at from 20 to 28 a head. Same endorsement.
IP-
272. v. Accompt of H.M. arms and ammunition in Virginia
(v. supra). Same endorsement, f p.
272. vi. Copy of a Bill to come into force Dec. 25, 1713,
declaring what shall be accounted a sufficient seating
and, planting of lands hereafter to be taken up and
patented. Same endorsement. 3 pp. [C.O. 5, 1310. Nos.
94, 94 i.-vi. ; and (without enclosures) 5, 1363. pp. 488-
506.]
Feb. 11. 273. Lt. Governor Spotswood to [?tJie Earl of Dartmouth].
Virginia. Acknoivledges letters of Aug. 21st and 28th. I have caused the
Truce to be published here as usual. In obedience to H.M.
commands (April 14th) I laid before our late Assembly the 84th
article of my Instructions to be passed into a law pursuant to
H.M. gracious permission, but the house of Burgesses did not think
fitt to agree thereto ; however that Instruction is already a law
to me without the formality of passing it into an Act of Assembly,
and must be so to everyone that pretends to ask a grant of the
Queen's land. Tho' I cannot but believe it must be as disagree-
able to your Lordp. to hear, as 'tis to me to write, a constant
account of the miserys and distractions of my neighbouring
province of North Carolina ; yet my duty to H.M. and regard for
her subjects will not suffer me to conceal from your Lordp. their
unhappy circumstances, nor to sitt idle, without using my utmost
endeavours to relieve them ; for tho' they have lately recieved
from South Carolina an aid of 850 Indians and 33 white men,
under the command of one Col. James Moore ; of whose coming
timely notice had been given them, yet that Government was so
negligent and improvident, that they neither made provision for
the subsistance of those forces, nor had in readiness any of
their own to join 'em ; so that through the ungovernable temper
of such a multitude, composed of a great many different nations,
and the necessity of dispersing them about the country, for their
better subsistance, the poor inhabitants have suffered a greater
destruction among their stocks by there auxiliarys than they
did from their enemys. Before the arrival of this succour, I
had upon a representation from the President and Assembly
of that Province (enclosed) obtained from our Assembly 1000L
to be imployed for their relief, together with cloathing sufficient
for 300 of their men, which could not otherwise endure the
fatigue of a march against the enemy in the winter season. It
was with much struggle I obtained this inconsiderable supply.
And because such an insignificant sum required more than
ordinary frugality in the management, I was willing to consult
with the President and Council of Carolina, upon the most
effectual measures for laying it out to their advantage. Yet
after waiting above six weeks for their answer, and when at last
I had taken the trouble of a long journey to their frontiers to
obtain a meeting, neither the President nor the commander of
140
COLONIAL PAPERS.
1713.
Feb. 12.
Treasury
Chambers.
Feb. 13.
Treasury
Chambers.
their forces thought fitt to be there, but only sent two Deputy s,
who instead of offering any proposals or facilitating the prosecu-
tion of the war against the Indians, had only authority to tell
me that the provisions promised by their Assembly for the forces
intended to be sent from hence is not now to be expected from
'em ; tho' at the same time they could not but acknowledge that
the small sum given for that service is insufficient for raising
and subsisting such a bod}' of men as can in prudence be ventured
from hence into the Tuscaruro country. It is a difficult task
I have to encounter, when no engagements of the persons
principally concerned are to be relyed on, almost all the necessary s
of tents, ammunition, etc., for an expedition wanting, no money
to provide such necessarys, not one officer in this whole Govern-
ment that knows anything of the discipline of forces to assist
me, the people generally averse to undertake anything for the
relief of these neighbours, no law in the county to compell
them to serve in such an expedition, nor have I hitherto recieved
any directions from H.M. to countenance me in any extraordinary
measures I may have occasion to use in this conjuncture. And
if the Government of North Carolina should still continue so
stupid as to deny furnishing provisions : or if Col. Moore should
happen to be baffled in his enterprize, the consequence may be
fatal, both to that unhappy province and to the other neighbour-
ing Governments, since by that means the Indians will be more
encouraged in their insolencies. I shall however continue my
endeavours to obviate these mischiefs as much as I am able etc.
Repeats part of preceding. Signed, A. Spotswood. 4 pp.
Enclosed,
273. i., ii. Duplicates of So*. 272 i., ii. [C.O. 5, 1337. Nos.
20-22.]
274. Mr. Lowndes to Mr. Popple. Encloses following for
the report of the Council of Trade and Plantations to H.M.
thereon. Signed, Wm. Lowndes. Endorsed, Reed. Feb. 13th,
Read July 17th, 1713. Addressed. 1 p. Enclosed,
274. i. Petition of Anthony Swymmer of Jamaica to the
Earl of Oxford, Lord High Treasurer. Prays for a
grant at the appraised value of escheated estate of Mrs.
Williamina Kupius, his step-daughter, deed, without
heirs, in the parish of Clarendon, Jamaica. Petitioner
has long occupied this plantation. 1| -pp. [C.O.
137, 10. Nos. 18, 18 i. ; and 138, 14. pp. 9-12.]
275. T. Harley to the Council of Trade and Plantations.
By order of my Lord High Treasurer I inclose the establishment
proposed by the Board of Ordnance for Barbados, Jamaica,
New Yorke and Annapolis, for your opinion thereupon, etc.
Signed, T. Harley. Endorsed, Reed. 16th, Read 19th Feb. 17J4 .
f p. Enclosed,
275. i. Charge of the establishment at Barbadoes. Engineer,
Master-gunner, 17 gunners. Total, 10161. 15s. per
annum. ] p. [C.O. 28, 13. Nos. 99, 99 i. ; and
(without enclosure) 29, 13. pp. 1, 2.]
AMERICA AND WEST INDIES. 141
1713.
Feb. 14. 276. The Earl of Dartmouth to Governor Lord A. Hamilton.
Whitehall. Recommends Peter Beckford to his protection and favour.
Signed, Dartmouth. [C.O. 324, 32. p. 208.]
Feb. 14. 277. The Earl of Dartmouth to the Council of Trade and
Whitehall. Plantations. I send you enclosed severall letters and other
papers relating to disputes that have hapned between my Lord
Archibald Hamilton and Sr. Hovenden Walker, for your opinion,
what orders may properly be given for putting an end to these
differences so prejudicial to the service, and for preventing the
like for the future. Signed, Dartmouth. Endorsed, Reed. 1 7th,
Read 19th Feb. 17 jf. 1 p. Enchsed,
277. i. Rear- Admiral Sr. Hovenden Walker to Governor Lord
A. Hamilton, Kingston, Aug. 11, 1712. Capt. Clifton
having given me an acct. that Mr. Fagg has arrested
him upon pretence of a box of lace which he found
aboard the Sina when he seized her, as also upon acct.
of a negroe that was at that time aboard and is now in
the Monmouth amongst the rest of the men as a prisoner
till inquiry shall be made into the proceedings of that
privateer, I aqaint you with it, being Governour,
that your Lordship may give some necessary directions
therein, for if people shall pretend to arrest a Capt. of
a man of warr, upon a seisure made before ye law has
determined ye case it will be of very ill consequence and
seems a great contempt of ye Queen's right of seisure
by Her officers. I shall be glad to know what yr.
Lordship thinks to do in this matter, before I take any
measures therein : for if Capt. Clifton had taken ye
persons aboard and carryed them to Brittain to answer
it there, I think he had done well. Signed, Hovenden
Walker. Copy. 1 p.
277. ii. Same to same. Kingston, Aug. 13, 1712. They
again arrested Capt. Clifton yesterday, so that I told
him I knew no better way of dealing with them, then
taking ye persons concerned aboard, etc. as above.
Signed, Hovenden Walker. Copy. 1 p.
277. iii. Same to same. Kingston, Sept. 20, 1712. I have yr.
Excellency's letter concerning the two seamen belonging
to ye Defyance who stole a silver tankard and I think
they very justly deserve hanging, tho' if ye man that
owned the tankard, as I understand, has got ye same
again, he layes himself lyable to be tryed since they
cannot be tryed for anything, restored. However if
your Excellency orders them, to be delivered when
called for they shall be severely punished aboard.
Mr. Perkin has thought fit to send Mr. Lodge to demand
ye sloop seised at which impudence I had one thought
of confining Mr. Lodge aboard, for it is not in ye power of
any person seising in behalf of ye Queen to deliver ye
seisure up without tryal, nor do I know by what
authority Mr. Lodge could pretend to come aboard a
142 COLONIAL PAPERS.
1713.
flagg ship to make any demand since ye Fleet knows no
superior but ye Queen and Lord High Admirall, etc.
Signed, Hovenden Walker. Copy. 1 p.
277. iv.-viii. Duplicates of Nos. 149 i.-v.
277. ix. Rear- Admiral Walker to Governor Lord A. Hamilton.
Kingston, Nov. 6, 1712. I am surprised you should
imagine a Captaine of a man of warr should receive
any person without my order, etc. Your letter of
Sept. 28th mentions nothing more than that you
desire a man of war to exchange prisoners at Petit
Guavas, and no notice of your design to send a particular
person, etc. Signed, Hovenden Walker. Copy. 1| pp.
277. x. Rear-Admiral Walker's instructions to Capt. Hosier
to proceed to Petit Guavas with prisoners of war to be
exchanged for H.M. subjects, etc. Signed, Hovenden
Walker. H.M.S. Monmouth, Port Royal Harbour,
Oct. 29, 1712. Copy. If pp.
277. xi. Rear- Admiral Walker to Governor Lord A. Hamilton.
Kingston, Nov. 9, 1712. Understanding that there is
an Address from ye Council and Assembly to yr.
Excellency that a representation may be made against
me to ye Queen ; alledging that Capt. Hosier by my
orders refused to carry Mr. Basnet with ye expresses
to ye Governor of Petit Guavas, which is false because
there could be no occasion for orders from me forbidding
him to take Mr. Basnet aboard : for without orders
so to do he could not receive him. However had I
known ye errand upon wch. Mr. Basnet was sent, I
should and very justify able, have forbid him : since I
hold myself obliged, only to do everything relating to
the Truce but nothing to support any person's private
interest in trade, and therefore that all things may be
made plain I herewith send Capt. Jackson's letter
wherein he gives an account of what he knows concerning
Mr. Basnet's instructions and buisness, etc. I desire it
may be communicated to the Council and Assembly,
etc. Signed, Hovenden Walker. Copy. 1| pp.
277. xii. Capt. Jackson to [? Rear -Admiral Walker}. Centurion,
Port Royall Keyes. Nov. 9th, 1712. I saw in Mr.
Basnet's hands a scheme of trade to Petit Guavas, wch.
he told me the Governour had desired him to draw up,
etc. In reply to the Governor, Basnet had given his
opinion therein that it could not be carryed on without
consent of ye Flagg. Signed, Rt. Jackson. Copy.
1 pp.
277. xiii. Governor Lord A. Hamilton to Rear-Admiral
Walker. St. Jago de la Vega. Nov. 9, 1712. I could
not doubt after what past between us at Spanish Towne,
when I communicated my Lord Dartmouth's letter to
you concerning the cessation of arms, etc., and my
desiring a man of warr to send up ye French prisoners,
but that you must necessarily conclude that I would
AMERICA AND WEST INDIES. 143
1713.
not only send up dispatches to ye French Governor of
ye Coast of St. Domingo, but a fit person likewise to
negotiate an affair of so much importance etc. You
can't (I imagine) in earnest after I had so freely com-
municated my thoughts to you etc., beleive that the
punctilio of desiring your order for Mr. Basnet to be
reed, on board ye Salisbury can be thought a colourable
excuse for sending away that ship without him or my
dispatches, etc., etc. I do not find by ye copy of your
instructions to Capt. Hosier that he had any orders
from you to communicate that Proclamation or insist
upon ye subjects of ye French Kings not annoying H.M.
subjects under Spanish Commissions, for which I had
given particular instructions to Mr. Basnet, and wch.
appears to ye Council a matter of such consequence as
well with respect to H.M. service as ye intrest of H.M.
subjects trading to and from ye Island that they have
given it as their unanimous opinion that I should as I
doe insist upon ye sending up another of H.M. ships
with such persons as I should think propper for the
negotiating an affair of such importance. Signed,
A. Hamilton. 3 pp.
277. xiv. Governor Lord A. Hamilton to Rear- Admiral
Walker. St. Jago cle la Vega, Nov. 14, 1712. Upon
considering your letter, etc. (A T os. xi., xii.), the Council
and Assembly have come to resolutions that you have
been misinformed of my instructions, and that the
instructions I had given and the letters I had wrote to
ye French Governor on the exchange of prisoners as on
trade were very propper for H.M. service and ye good
of ye Island, and have therefore unanimously desired
me to prosecute my former intentions, etc., and to insist
that another man of war might be forthwith sent up
with my despatches, etc. I renew my application as
No. xiii. I desire you will return me ye letters and
depositions I gave you when last here relating to
inhabitants of ye Island being press 'd on board ye
Queen's ships here. Copy. 1| pp.
277. xv. Rear-Aclmiral Walker to Governor Lord A. Hamilton.
Monmouth, Port Royall Harbour. Nov. 15, 1712.
Out of the great regard I have for your Lordship's
family as well as upon acct. of the long acquaintance
with and esteem for my Lord Archibald Hamilton ;
and as I have hitherto condescended to do many things
for that consideration, I send this letter by the messenger
who brot. your Lordships to me of this dayes date. But
as Governour of Jamaica I give ye answer once for all,
that unless yr. Excellency sends some of the Council
to me for transacting or treating of any matters relating
to H.M. service, I shall take no manner of notice of
letters or messages sent or coming otherwise. Signed,
Hovenden Walker. Copy, f p.
COLONIAL PAPERS.
1713.
277. xvi. Duplicate of preceding.
277. xvii. Duplicate of No. 176.
277. xviii. Governor Lord A. Hamilton to the Lord High
Treasurer. Jamaica, Nov. 22, 1712. Refers to enclosures
relating to dispute with Admiral Walker. Continues :
The Sina galley (v. No. i. supra) was ye privateer who
was suspected and I am afraid very justly of committing
those cruelteys upon ye Spaniards on the coast of Cuba
in an intercourse of trade with our merchants of wch.
I acquainted your Lordship, etc. Your Lordship will
observe by the resolutions of the Council (No. xix.)
how much I was inclined to avoid all difference with the
Admirall, but whatever the privateers had done they
insisted they were to be tryed by the law for it, and that
Capt. Clifton had no right to their goods nor were they
to be press'd or detained as prisoners on board the men
of warr. Several persons had already been press'd
off the Island, the Council were unanimous in their
advice, and I could not but agree with them, and as I
was unwilling the Admirall should be thought to give
incouragement to what had been done in respect to the
civil officer, I undertook to reconcile all matters wth.
him, but it was some time before I could prevail with him
to let the men be sett ashore to be proceeded against
according to law, nor was it done till a good while after,
which had an ill effect in alarming the inhabitants, and
particularly the seafaring men ; and the goods wch.
Capt. Clifton had taken I am told are not yet deposited
with the Registrar of the Admiralty into whose hands
I had desired they might be put to wait the sentence
of the propper Court ; tho' the Admirall promised me
this should be done above two months since. When
those men Avere sett ashore I ordered them all to be
committed and their examinations taken. The fact
they appeared to have been guilty of, was the tying a
Spaniard and a mulatto and severely whipping them to
make them confess where they had hid their mony and
goods, which goods they had bought out of a trading
vessell, and which the privateers by this means took
from the Spaniards again and part of wch. are ye same
that Capt. Clifton has taken again from them, but as
their Captain was killed in this rencounter and what ye
men had done was alledged to be done by his command,
all the advantage I was advised could be taken in this
affair (for this is not within the American Act) was to
prosecute ye security upon ye bond I had taken for
performance of the instructions I had given them, which
I accordingly ordered to be done, and expect the issue
of it this Court, and which I hope may be successfull
notwithstanding the difficultys I am told there will be
in proving those particuler facts on which the forfeiture
will arise, by reason that the actors themselves are all
AMERICA AND WEST INDIES. 145
1713.
the evidence can be had and who will at least be very
unwilling ones ; the men after about a month's imprison-
ment by the unanimous advice of the Council (without
which I have acted nothing in this affair nor in any others
of consequence) were sett at liberty ; only the principals
were still kept bound to their appearance, and two,
which were thought most propper, for witnesses in the
prosecution upon ye bond, etc. The other fact of which
I informed yr. Lordship in my last committed by ye
privateers at Carthagena by compelling Spaniards
to hand goods belonging to a Dutch trader out of a
Dutch boat into a Spanish canoe and then making prize
of them, which was the true state of that matter, has
been prosecuted and waits but the usual forms for its
decision, wch. I hope will be for restitution to be made,
etc. I never expected what has pass'd would have
occasioned any difference between the Admirall and
myself, for I made it my business to quiet all sides, and
put a stop to the actions against Capt. Clifton, and no
prosecutions were commenced for the disorders com-
plain'd of on the resolutions of the Council, upon the
AdmiralPs word that the goods should be deposited and
the men put ashore, which not being comply'd with
renewed ye complaints from ye inhabitants. Refers
to No. iii. supra. Capt. Chamberlain by the Admiral's
order, seized a sloop in Port Royall Harbour which was
come from the coast, and kept her several dayes before
he so much as informed me of it, and some weeks past
before any libel or other process was exhibited against
her. In this interval the owners of the sloop required
the Publick Notary to protest, which the Admirall
resented in this manner (No. iii.). I cannot pretend to
determine whether there was a justifyable cause for this
seizure, for ye Court of Admiralty have not yet deter-
mined it, or whether (it being within the harbour)
it ought not to have been made by the Navall Officer
upon the Admirall's or Capt. Chamberlain's information,
but it is certain this last method, has been ye practice
in like cases here and it is naturall for everyone to
conclude that if Captains of men of warr can press and
seize, and neither be arrested nor protests be made
against them, they may do what they please here, which
in ye tendency of it has created a universall dissatis-
faction amongst the merchants. I come now to what
has been ye more immediate occasion of this unhappy
difference, and the necessary cause of bringing the whole
in judgment before yr. Lordship. Refers to receipt of
H.M. Proclamation of the Truce and Lord Dartmouth's
letter of Aug. 21st. The Admirall happening to be in
towne I immediately communicated to him the
commands I had received and proposed for H.M. service
that a man of warr should be immediately sent to Petit
Wt. 5622. C.P. 10.
146 COLONIAL PAPERS.
1713.
Guavas with about 100 French prisoners which wee had,
and to offer ye exchange of them on such terms as should
be reasonable, and to notifye the truce and know of the
French Governour what orders he had received from his
Master ; The Admirall very readily consented and told
me he would order a man of warr for that service. I
accordingly prepared despatches etc. (enclosed). But as
the exchange of prisoners, as well as the affairs of trade
might, as I thought, be better managed by a person
with instructions then any other way, and the Capt.
of ye man of warr who was to go, not having thought
fitt to see me on the occasion, I determined to send Mr.
Basnett an eminent mercht. of this Island, to whom I
gave enclosed letters etc. I hope your Lordship will
allow me to express my surprize to see Mr. Basnett
return from the man of warr, with my letters and
instructions, delivering me a letter from Capt. Hosier
(enclosed') as the reason of his being refused to go, and the
man of warr sailed without giving me an opportunity
so much as to write to the Governor of Petit Guavas,
etc. Refers to enclosed resolutions and addresses of
Council and, Assembly, and correspondence with Admiral
Walker. There is this more to be added in answer to
what the Admirall has alledged of my being wanting in
not desiring his order for Mr. Basnett to go aboard, that
Mr. Basnett by my order went to acquaint him that he
had my letters and instructions to go, and was not
told by the Admirall either that he should not go, or
that there was any omission in forme. To my last
letters, which contain matter of some consequence to
H.M. service, I have only been able to obtain the answer
(No. xv. supra) which is so extraordinary that I was at a
loss what further to say or write. Before anything of
this happened I had given the Admirall severall
depositions wch. were brought to me by way of complaint
of above 40 inhabitants taken off the Island aboard ye
ships under his command, which I desired him to
inquire into, but can now neither obtain any answer
concerning such inquiry, nor whether he will return me
the dispositions or not, etc. Much more of the kind
complained of in the Address might have been sent. As
to the men of warr's carrying goods, I must do the
Admirall the justice that this is not particular to him or
his squadron, but has been practised by others, only
Admirall Walker alone has allowed a person (who
publickly declared ye same in ye Assembly) to tell the
merchants that he would order the men of warr to carry
what negroes and goods he pleased, which could only
serve to increase the dissatisfaction, and especially at
ye time when the privateers were called in and by the
prospect of a Peace could hope for no other way of
subsisting here but by ye incouragement of navigation
AMERICA AND WEST INDIES. 147
1713.
and trade. My humble desires are to rest this whole
affair in your Lordship's pleasure, etc. Upon the
encouragement of Admiral Walker's bigg words that
nobody knows his power and that perhaps I may not be
long in my Government, etc., one gentleman, Mr.
Totterdell by name, has said in ye Assembly, " How if
Admirall Walker should be declared Governor now,
how would they look who had shewn themselves
against him " ; which could be said with no other design
than to terrifye other people and reflect on me, and as
Admirall Walker has sided with and countenanced those
persons only who have opposed all ye measures taken
for H.M. service in the support of ye Government
and sent publick messages to others who have been
most usefull to the Queen's service, that he would turn
this person out of the Council and the Speaker then in
the chair from being Attorney Generall ; I find myself
under equall necessity to give your Lordship some
accot. of my stewardship, etc. When I entered upon
this Government all the Acts for publick service and
supply were expiring and writts were issued by my
predecessor for calling an Assembly which met about a
month after my arrivall. The publick revennue (if
about 4,OOOZ. per annum be worthy of that name) was
anticipated. There was scarcely sufficient to pay
Major General Handasyd his salary at his going off, all
publick buildings were gone to decay, there was not
a house for me to go into in six months after my arrivall
and I was forced to lodge in a private one. My lord,
in the first year of the Assembly I obtained 5,0001. to
be appropriated to the revenue and ye regiment and
every other service provided for as formerly ; Before
this last meeting ye hurricane had happened, which had
occasioned a new expence and I have obtained another
sum of 2,0001. to be appropriated to ye revenue with ye
other supplys as usual. I may without vanity assure
your Lordship so much money has never been given in
so short a time by any former assembly, and without
it the ordinary contingencys of ye Government could
not have been supported. The same Assembly My Lord
has dutyfully addressed H.M. both the first sessions and
now upon the glorious occasion of the Peace, which
nobody opposed but Mr. Totterdale and Mr. Beckford
and Mr. Carver, which last used the insolent expression
of saying he was not for such flatterys and false shams
to ye Queen etc., which is upon the Minutes and which
was complained of and he had been undoubtedly
expelled for it, but for his submission and protesting
he was so drunk he did not know what he said. And
these same persons have opposed all other measures
for the Queen's service. And yet these are the persons
(I am almost astonish'd whilst I am telling it to yr.
148 COLONIAL PAPERS.
1713.
Lordship) favoured by Admirall Walker, and as it is
said promised rewards and promotions, I suppose for
no other reason but because they have shewn themselves
opposers of my Government as they have been of all
others, and whose characters (the two first particularly
I might referr yr. Lordship for, to the accts. given of
them by my predecessors) and who instead of rewards
A^ery highly deserve some remarkable discountenance,
for the quiet and incouragement of the generally better
disposed people in this colony. I should be unjust to
those gentlemen whom the Admirall has publickly
threatened with the consequence of his displeasure, if
I did not acquaint your Lordship they have particularly
distinguished themselves in ability and integrity for
H.M. service, and as I indeavour alwayes to consider
things more yn. persons, and look upon persons by their
actions, I can distinguish no other party here but those
who are for supporting the Government and those who
are against it. Besides these difficulties I have mett
with in the Government, I must acquaint your Lordship
of another which has proceeded from an Instruction
sent to my predecessor about a year or two before I had
ye honour to releive him and which was on no account
to grant any escheat for above 101. before the Lord
Treasurer for the time being was informed of it and
which I have strictly com ply ed with. But as these
were by an Act of ye Island appropriated to ye support
of the Government and there has been a stop in them
ever since and none granted, the revenue has been
thereby greatly diminished insomuch that it is computed
at least 2,OOOZ. every year inferiour to its annual! charge ;
but as this will require a good deale to be said to sett
this matter in a clear view, I shall endeavour to do it
by itself and desire ye Lords Commrs. of Trade to lay it
before you, etc. Signed, A. Hamilton. Copy. 16f pp.
277. xix. Resolutions of the Council of Jamaica, Aug. 20,
1712. Capt. Clifton's detaining of the goods and
men seized on board the Sina galley brought in by him
was unjustifiable and an infringement of the liberty
of the subject, etc. The owners had good cause of
action against him, and their proceedings justifiable.
Lt. Davis and others of the Salisbury prize who seised
John Crossley in the discharge of his duty and execution
of H.M. writ, and endeavoured to carry him on ship-
board with menacing expressions, are guilty of high
crimes and misdemeanours for which they ought to be
prosecuted. The Council advise H.E. to acquaint the
Admiral of the premises, etc. Copy. 3-J pp.
277. xx. Duplicate of No. 148 xii.
277. xxi. Resolutions of the Council of Jamaica, Nov. 5, 1712.
The measures H.E. had taken to send Mr. Basnett
to the Governor of Petit Guavas, etc., were very proper.
AMERICA AND WEST INDIES. J4<)
1713.
The wailing of the Salisbury after refusing to take him on
board is a very great affront to H.E.'s authority and
may be of ill consequence to H.M. service in these parts,
in that the Governor of Petit Guavas may remaine in
doubt whether H.M. Governour of this Island has
notice of the truce and has called in the privateers, etc.
The Admirall's declaration mentioned in the affirmation
of Joshua Perkin in relation to ye Governours of ye
Island wearing flaggs which had alwayes been a custom
for them to doe, within ye ports and harbours of their
Government, and the general reflections upon ye
people of this Island, were unnecessary and unprovoked
and tending to encrease misunderstandings, etc.
Copy. 2| pp.
277. xxii. Duplicate of No. 148 xiv.
277. xxiii. Deposition of Joshua Perkin, Master of the sloop
Jacob, seized by Capt. Peter Chamberlain, H.M.S.
Monmouth, Oct. 13, 1712. Deponent going on board
H.M.S. Monmouth, Sept. 18 last, to demand some men
that belonged to the Jacob, he was answered by Admiral 1
Walker, " I won't let any of your men go ashore till
the Jacob is either acquitted or condemned. Last night
I found by examination you hoised Spanish colours,
for which I'll shew you an act of treason. I don't
question but all ye Island has been concerned in this
trade. I know you are going to set ye gentlemen of
ye Island and me at difference but I don't value them.
I am above their power. They can do me no hurt,
but I can do them a great deal of damage. They don't
think themselves under ye Goverment of the Queen of
England because they are so far off. But they may be
called home. Your Governors formerly wore their
flaggs in their boat but let me see any flag now I'll
let him know he is as nothing afloat," etc. Signed,
Josa. Perkins. J p.
277. xxiv. Deposition of Thomas Perkin. Nov. 8, 1712.
Owner of the Jacob (v. supra) he demanded his sloop
of Admiral Walker at the house of Col. Gomersall at
Kingston, who replied that she had been trading at the
Spanish ports contrary to the Act of Parliament, and
that there was no law here against him, and that it
was in his power to send her home to have her con-
demn 'd ; adding with all that if he should enter Perkins'
house and carry away their money, there was no other
redress to be had here against him, but to appeal home
to H.M., and that nobody knew what power and
authority he had, etc. Signed, Thos. Perkins. 1 p.
[C.O. 137, 9. Nos. 78, 78 i.-xxiv. ; and (without
enclosures) 138, 13. p. 420.]
Feb. 17. 278. John Baker to Mr. Popple. There being transmitted
from Jamaica an Act to prevent any one person haveing more
150
COLONIAL PAPERS.
1713.
Feb. 18.
Treary.
Chambers.
Feb. 19.
(N.8.)
Quebec.
Feb. 21.
Feb. 22.
Antegoa.
than one office of trust in that Island (wherein I am concerned)
I therefore desire the favour of a copy. Signed, John Baker.
Endorsed, Reed. Read Feb. 17, 17-j-f. Addressed. J p. [C.O.
137, 9. No. 76 ; and 138, 13. p. 419.]
279. T. Harley to the Council of Trade and Plantations.
Encloses following for their report thereon to the Lord High
Treasurer. Signed, T. Harley. Endorsed, Reed. Feb. 19th,
Read March llth, 17-{-|-. Addressed, f p. Enclosed,
279. i. Governor Hunter to the Lord High Treasurer. New York,
Oct. 31, 1712. Were I not perswaded that the com-
plaints of ye distressed are only greivous to your Lord-
ship when you have noe redress in your power, I would
not at this time presume to trouble you with mine,
consisting of these three heads. The Bills for ye
expedition to Canada not answered, all ye bills for ye
subsistance of the Palatins unpaid, and an expensive
Government without support. The Earl of Dartmouth's
letter of July 8th with ye assurances of the remittances
being speedily answered brought me new life. Copys
of my vouchers were sent home by the Virginia fleet
long agoe, etc. I have acquainted ye Earl of
Dartmouth and ye Lords of Trade with the present
state of ye tarr work and workers, etc. I beg your
Lordp. to consider that what I have done in that matter
was by H.M. special order and instructions, which shall
ever be sacred to me. I am perswaded that by this
time your Lordp. is of opinion that ye distracted state
of this Province calls for a speedy and effectual remedy
which is not to be hoped for on this side. To your
Lordship's wisdom I leave it, etc. I have studyed no
other ends but ye advancement of H.M. interest and
service and ye publick good. Signed, Ro. Hunter.
If pp. [C.O. 5, 1050. Nos. 62, 62 i. ; and (without
enclosure) 5, 1123. p. 87.]
280. M. Begon, French Intendant at Quebec to [?].
Requests "Milord" to forward a pacquet to M. le Comte de
Pontchartrain, containing a list of articles he requires to replace
those lost in a fire in his house. Signed, Begon. French.
3pp. [C.O. 5, 9. No. 114.]
281. Thomas Allen to Robert and William Heysham. The
Committee concerned for the sufferers of Nevis and St. Christophers
desire your attendance and accounts, etc. Signed, Tho. Allen.
Endorsed, Reed. 24th, Read 25th March, 1713. Addressed. 1 p.
[C.O. 152, 9. No. 156 ; and 153, 12. pp. 71, 72.]
282. Governor Douglas to [? the Earl of Dartmouth]. Acknow-
ledges letters of Aug. 21st. The first I received Oct. 15, 1712,
with H.M. Proclamation of the truce with His Most Christian
Majesty which was immediately published. I received the second
AMERICA AND WEST INDIES.
151
1713.
by the Nightingale man of warr the 17th inst. with H.M. commands
concerning Spain being included in the truce which I have
iiotifyed to all concerned and given out a Proclamation to that
effect that all hostility s are to cease, and the subjects of France and
Spain not to be molested either in their persons or effects during
the term the treaty is in force. This will prevent the Governor
of Puerto -Rico from any further pretence of seizing any vessells
belonging to the subjects of Her Britannick Majesty and afford
a just occasion of reclaiming these in due form that have been
already taken into their ports, etc. Signed, Walter Douglas.
2 pp. ' [C.O. 152, 42. No. 109.]
Feb. 25. 283. Council of Trade and Plantations to the Lord High
Whitcbai. Treasurer. We have considered Governor Nicholson's commis-
sions (v. Jan. 27) ; and have prepared Instructions for him, relating
to the Acts of Trade and Navigation, which are the same as are
given by H.M. to all the Governors in America, to which we have
added one clause, relating to the boundaries between Virginia
and Carolina, and between Maryland and Pensylvania. We
have prepared heads of enquiry, relating to the trade and
fishery of Newfoundland, which are the same as were annually
given to the Commanders of the Newfoundland convoy. And in
further pursuance of your Lordship's directions (Feb. 5), we
have considered the Instructions relating to arrears of prizes,
which we think may be of service, and to which we have added a
clause to empower Col. Nicholson to make an allowance as
proposed (Feb. 5), etc. [C.O. 324, 10. pp. 19, 20.]
Feb. 25.
Whitehall.
1713-1724.
Feb. 25.
Cock-pit,
Whitchal.
1713.
Feb. 27.
Whitehall.
Feb. 27.
Whitehall.
284. Council of Trade and Plantations to the Lord High
Treasurer. Col. Nicholson having received a commission from
the Lords Proprietors of Carolina, and apprehending he cannot
execute it without H.M. leave, we submit it to your Lordship,
whether it may not be for the publick service, that H.M. permit
him to execute the same. [C.O. 5, 1292. p. 376.]
285. Form of debentures issued to the sufferers at Nevis
and St. Kitts from the French invasion, who resettled before
Dec. 25, 1711, amounting to ^rd of their losses, with 6 p.c. interest
from Dec. 25, 1711. With receipts. [C.O. 243, 8. pp. 1-668.]
286. Council of Trade and Plantations to the Lords
Proprietors of Carolina. Enclose extract of Col. Spotswood's
letter (July 26th, 1712) relating to Carolina and the Indians.
[C.O. 5, 1292. p. 377.]
287. Council of Trade and Plantations to the Earl of Dart-
mouth. Enclose extract from Col. Spotswood's letter (July 26,
1712) relating to silver and gold mines on the back of Virginia,
for H.M. pleasure thereupon. [C.O. 5, 1363. p. 478 ; and 5,
1335. No. 180.]
152
COLONIAL PAPERS.
1713.
Feb. 27. 288. Mr. Popple to William Blathwayt. The Council of
Whitehall. Trade and Plantations being authorized and required by their
commission to demand an account of all monies given for publick
uses by the Assemblies in the Plantations, and how the same are
or have been expended, their Lordships desire you will let them
have a particular state of the revenue of each of H.M. Govern-
ments in America for the last year, or for such time as you are
able. [(7.0. 324, 10. p. 21.]
Feb. 27. 289. The Lords Proprietors of Carolina to Col. Pollock and
Craven House, the Council of North Carolina. Whereas H.M. has been pleased
to authorize Col. Nicholson to make enquiries into several matters
mentioned in his commission in H.M. Colonies in America ;
we also being very well assured of the prudence and integrity of
the said Col. Nicholson have thought fit to impower and authorize
him by commission under the seal of our Province to make a
strict enquiry into the illegal proceedings and disorders that
have lately happened amongst you that by a full examination
of the affidavits and allegations on both sides he may be able to
inform us (in a more perfect manner than we have been yet
informed) what was the occasion of them, and who were the
authors and abettors of them, that such persons who have
acted contrary to their duty might be brought to condign punish-
ment ; we therefore hereby require and command you that in
the meantime till the said Col. Nicholson shal arrive in our
Province all acts of hostility and severity cease amongst you and
that you invite and incourage all the inhabitants of our said
Province to return to their duty and to live and continue in
their obedience to H.M. and her Governmt. Signed, Beaufort,
Carteret, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. p.
64.]
March 4.
March 5
Jamaica.
290. J. Thurston to Mr. Popple. I have discoursed several
of the Jama, merchants upon what I had in command from the
Lords Commrs. of Trade, and none of them will undertake to say
what the Island may be inclined to do. But since the country
allows no more than 1,250?. a year (their money) for support of
the whole charge of the fortifications there, they think that the
entertainment of an Engenier and Storekeeper, which will
amount to near half that expence, will scarcely be agreed to, etc.
Signed, J. Thurston. Endorsed, Reed. 4th, Read 31st March,
1713. 1| pp. [C.O. 137, 9. No. 80 ; and 138, 13. p. 421.]
291 . Governor Lord A. Hamilton to \? the Earl of Dartmouth}.
I am sorry I should have occasion still to trouble your Lordship
with complaints of Sr. Hovenden Walker's conduct here. I
acquainted your Lop. before of his breaking off all correspondence
with me, even upon H.M. service by returning my letters unop'ned,
however I thought it my duty still to persist with giveing him
such notices by letter as I judged were necessary for H.M. service,
the protection of trade and the safety of this Island ; and upon
that consideration I wrot to him Jan. 13th acquainting him of the
AMERICA AND WEST INDIES. 153
1713.
agreement I had come to with the Comte D'Arquyan (v. Dec. 18),
as also another to Sir Hovenden Walker of Feb. 26th haveing
received a complaint from the Governor of Carthagena with a
letter inclos'd to him, that Capt. Jackson Commander of the St.
Turian [?:= Centurion Ed.] the same time he had convoy'd some
tradeing vessels belonging to this Island to that coast, had taken
as prize, while they were in an intercourse of trade with them,
a Spanish vessell laden with cocoa and some money aboard,
of which he complains and demands restitution. But to neither
of these letters I have received any answere from the Admiral,
so that I shall be pretty much at a loss how to give the Governor
of Carthagena the reasonable satisfaction that he might expect.
My Lord w r e have found the advantage of the agreement and good
correspondence with the French Governor on the coast of St.
Domingo since the Treaty of Cessation, the privateers from Petit
Guavos having usually most infested this coast, whereas there has
not been the least infriengment on the Treaty on either side,
that has not been effectually redres't and adjusted between us.
But on the contrary from other parts the coast of this Island has
been very much infested wth. privateers with Spanish commissions,
and pyrats, or freeboutters, by whom several trading vessels
have been taken and even desents made on the north side of ye
Island by which a gentleman there is intirely ruin'd by the loss of
all his slaves and movables carry'd off by them, without any of
the men of war here or Queen's sloops, as far as I have
been inform'd or can learn giveing them any obstruction or
endeavouring to protect ye coast from such insults. I have not
received any comands from your Lop. since yrs. of Aug. 21st,
nor have I as yet received any publick accot. of a second suspension
of arms. The Nightingale man of war which I have been informed
is arryved at Barbadoss and bound hither, may probably bring me
pacquetts from yr. Lop. and the Lrds. Commissrs. of Trade. I
have been some time since credably inform'd that Monsr. Cassard
was with a squadron of French men of war and privateers gon
to attack Curassow, but have not yet heard the event of that
expedition. I hear that Don Carlos de Suere who was lately
Govr. of Carthagena is arryved at the Havana Governor of that
place, etc. Signed, A. Hamilton. 4 pp. [C.O. 137, 51. No.
69.]
March 5. 292. Same to the Council of Trade and Plantations. Repeats
Jamaica, preceding, and adds: Since my last to your Lopps. there has
been two appeals home from decrees in Chancery here, before I
admitted of them I had recourse to my Instructions on that head,
but do not find any directions in them relateing to appeals from
Chancery, nor can I find any precedent of such appeals having
ever been made from this Island. However the value of both
these suitts exceeding 500?. each, I would not take upon me
not to admitt of them, they giveing the security to prosecute the
said appeals, being highly sensible how lyable I may be to mis-
takes and errors in such cases. But I cannot but observe to yr.
Lopps. that if such appeals are encouraged let the equity of the
154 COLONIAL PAPERS.
1713.
decree given be never so plain, the party looseing will never fail to
appeal home ; npon the whole I shall pray yr. Lopps.' directions
on this matter for my future conduct, etc. The crop of sugers here
this year 'will not be great, however much better then could have
been expected after the late hurrican, the weather since having
been very seasonable. Signed, A. Hamilton. Endorsed, Rec.
18th May, Read 17th July, 1713. 5pp. [C.O. 137, 10. No. 14;
and 138, 13. pp. 509-513.]
March 14. 293. Governor Hunter to the Council of Trade and Planta-
N. York, tions. I have not had ye honour of any of yr. Lordps.' commands
since that the Dunwi-ch man of warr brought me last fall. Sends
duplicates of former letters. I must once more assure your Lordps.
that there remains not ye least glimpse of hopes that an Assembly
there will ever doe anything effectually for support of H.M.
Government amongst them upon any other terms than her giveing
it up entirely to them, for what else would these articles they soe
boldly insist upon amount to, if granted, vizt. raiseing of money
by ways and meanes of their own exclusive of the Councill who
they still affirm (notwithstanding of what your Lordps. com-
manded to be communicated to them, and the practice of former
Assemblys) have noe right to meddle in money bills. Their
lodgeing of all publick moneys in ye hands of a Treasurer of their
own, who is to dispose of none but by their direction, by that
means makeing a cypher of Governour and Councill, and suspend-
ing from ye execution of his office H.M. Receiver Generall soe
constituted by her Royal Letters Patents under ye Broad Seale ;
their nameing and appointing such salaries, and to such officers
only as they shall thinke fitt, without any regard to those of H.M.
appointment. Now my Lords, these resolutions and practices
haveing soe aparent a tendency to ye dissolution of ye Govern-
ment, remote from requisite remedies in such a case, I would
choose any extremity rather than close with them, tho' I had not
that sacred barr, H.M. Instructions soe expressly forbidding me.
I have however with ye advice of ye Councill dissolved this
Assembly, not out of any hopes wee conceive from a new election,
but meerly as a duty incumbent upon me, after ye disrespectful!
behaviour of ye last, for when they have fixt ye name of slavery,
upon the supporting ye Government in ye manner H.M. has been
pleased to direct, and that of liberty, on their rash resolutions
and practices, and have taught the thoughtless people to speake
after them, there remaines but small hope of any change in the
elections, but what may be for ye worse as wee have experimented
in the elections when the dissolution was an act of their own.
Encloses Minutes of Council and Acts passed last Session, " none
of which want any observations only the Negroe Act, which tho'
much mittigated in its severities by ye Councill's amendments, I
am apt to beleive your Lordps. will still think too severe, but after
the late barberous attempt of some of their slaves nothing less
cold please the people. This leads me to acquaint your Lordps.
that by some private letters I am informed that ye Earl of
Clarendon has given himselfe much trouble to obstruct the pardon
AMERICA AND WEST INDIES. 155
1713.
of those I had repreived, and that there was a petition signed
by many hands gone from hence for the same purpose. I am
since satisfy 'd here that there was such a petition secretly carryed
round by one Bickley a buisy waspish man who acted then as
Attorney Generall ; the grand design of that petition was to
confirm some people in the beleife of what hee and his associates
give out that I have neither creditt or favoure at home, the second-
ary one to give creditt to his own infamous proceeding in that
matter, for there being some pique between him and Mr. Regnier
the master of one of the suspected negroes, after he had been
twice acquitted by two different juries of the most creditable and
substantiall of the inhabitants here, hee had him by some fetch
of law tryed again at the Supream Court, where he found a jury
tracticable to his purpose where he was found guilty ; I solemnly
protest to your Lordps. that in what I have done I had noe view
but to save inocent blood, for by all the examinations and
declarations of the evidence and the persons executed, I am
convinced in my conscience that he is as innocent of that fact or
the contrivance of it as ye child unborne. The others are
Spaniards unjustly kept in slavery here many yeares and repreived
by that Bickley 's own desire, for it was Clerk who came to desire
the mistress of one of them to beg for a repreive, about the time
of their intended execution, when ye whole town seemed to
acquiesce in their innocence and approve of the repreive ; many
who have signed that paper have declared to severall gentlemen
that they knew nothing of the contents thereof, but being told
that it was an Address for a law to punish negroe slaves, they
signed it ; I have in this acted according to conscience and shall
waite for the issue from H.M. determination, and only begg leave
to observe upon this occasion that if clandestine representations
projected by an angry and designeing man and handed round
to ye unwary and ignorant for subscriptions should gaine creditt
and countenance at home, the Governour whoever he be, must
have a very uneasy time of it, who knowing nothing of his accusa-
tion or accusers and liveing remote from his equall and just judges,
suffers in his reputation and perhaps in his fortunes without a
remedy. The House of Representatives past and sent up a Bill
for the naturalization of all foreigners being protestants, which
also past ye Councill, but an Act of the like nature being soe lately
repealed in England, and their behaviour here intitleing them
to noe such favour from ye Crown at present, I judg'ditadviseable
and for H.M. service to refuse my assent to it at this time. There
haveirig been for some yeares past a totall sessation of ye pay of
H.M. quitt-rents I did by advice of the Cheife Justice, and others
learned in the laws issue out writts from the Chancery for that
purpose, which begin to have their just effect for many are since
come in to pay their arreares. It appeared a combination by
their own confession severall haveing owned that they were
resolved never more to pay any relyeing upon the scence and
strength of a country jury, if they should at any time be sued for
the same. But indeed the yearly quitt rent of this soe consider-
able Province, amounts to soe insignificant a summe, that I
156 COLONIAL PAPERS.
1713.
cannot help blaming ye negligence of such as have made out these
soe very large grants with little if any reservation to the Crown ;
and in one very hard case upon the Crown I must intreat your
Lordps/ opinion. Some who held originally tracts of land
under a certain stated quitt-rent have from succeeding Governours
obtained new grants for the same, or grants of confirmation with-
out any reservation reduceing the old quitt-rent to a summe next
to nothing. Quere whether these subsequent grants be good in
law, and whether the parties be not bound to pay the quitt-rents
specif yed in their originall grant. Others have grants with this
reservation only, paying such quitt-rent as shall hereafter be
established by the laws of this Plantation ; and others, such as
shall be establish 't by his Royall Highness, his heires and
successors. Now H.M. has by her Instructions establish't half a
crown for every 100 acres at least. Quere whether such are not
obliged to pay that half crowne at least from the date of such
Instruction, or from what other commencement they are obliged
to pay it. In the next place, my Lords : The Palatins remaine
within the province, and for ye most part within ye lands where
I planted them, subsisting as they can and waiteing H.M. resolu-
tion. Cold I find any more creditt I would sett them to work
this spring to prepare a succession of trees, but that is long since
exhausted, none of my bills of any kind being paid at home, and
I myself e reduced to very hard shifts for a bare subsistance.
Neither is it possible to oblige them to work in ye woods without
subsistance, tho' for ye future I beleive the work may be carryed
on by barely subsisting the workers dureing ye times they shall
be imployed with the addition of a small allowance of bread for
their families, soe that the yearely expence may be reduced to
5,OOOZ. sterl., not including the expence of horses waggons and
magazines with their proper officers. Your Lordships understand
me well, that I doe not propose this as a perpetuall expence, but
only untill such time as wee can have returnes of the produce of
their labour, which considering the disapointments in point of
time by their late arrival! in ye first yeare, and the interruption
caused by ye non payment of my bills, and the time necessary
for makeing of tarr, as it is plaine from the practice of ye Eastern
Countries and our own experience, is three yeares, may be
reasonably calculated to be requisite for two yeares forward at
least, which also is to be reckoned as money lent to them seeing
by their contract they are to repay it by their labour. It is some
small comfort to me that I have brought that great undertakeing
to all the perfection that human power or industry cold doe in
that time and under such circumstances, and that wee have a
demonstration of ye success of our labours, the prepared trees
tho' not yet ripe for manufacture yeilding great quantities of
turpentine. I acquainted your Lordps. in my former that the
fort and chappell in ye Mohocks' village was finished. The
Missionary at first had but an indifferent reception by ye means of
one Henctrick who was one of those carryed to England, who had
possessed them with a notion that the Minister was to claime a
tenth of all their lands and goods, but being undeceived they have
AMERICA AND WEST INDIES. 157
1713.
received him kindly and have expelled their community one of
his opposers for that and haveing poisoned another." Refers to
enclosed expenses of Assembly. " From which you will perceive
what induces them to sitt and doe noe business, for by that means
they create a nesessity of frequent sessions, and thereby receive
a greater income than for the most part their farms or imployments
yeild them. The account I had from their own dark. I most
humbly recommend myself e and my sufferings to your Lordsjiips'
consideration and generous patronage." Signed, Ro. Hunter.
Endorsed, Reed. 22nd, Read 23rd April, 1713. 6% pp. Enclosed,
293. i. Account of the charge of the sessions of General
Assembly, Sept. 1, 171Q Dec. 10, 1712. Members'
and officers' salaries and incidentals : Total,
2,5241. 19s. M. I p. [C.O. 5, 1050. Nos. 63, 63 i. ;
and (without enclosure) 5, 1123. pp. 92-103.]
Mar[ch 14]. 294. Governor Hunter to the Earl of Dartmouth. Encloses
New York, following. "I am reduced to worse circumstances than the
worst of my enemies could wish." Signed, Ro. Hunter. 1 p.
Enclosed,
294. i. Duplicate of No. 296 i.
294. ii. Duplicate of No. 296.
294. iii. Duplicate of No. 293. [C.O. 5, 1091. Nos. 83, 83
i.-iii. ; and (duplicate of covering letter a-nd Nos. ii. and
iii.) 84, 84 i., ii.]
March 14. 295. Governor Hunter to [? the Earl of Dartmouth]. My
N. York. sufferings are known to you and my releif so necessary and just
that I bear them with patience in hopes that the dispatch of more
weighty affairs will speedily afford leisure for that. I must
beg leave once more to put your Lordship in mind of your poor
Cousin Harison who deserves well of mankind, there is no man
better beloved by all or fitter for business and it greives me that I
have it not in my power to prefer him as he deserves. Your
Lordship once laid your commands upon me to send you my
thoughts with relation to the Brittish interest in America. I
think it my duty at this time to acquaint your Lordship that
some new measure lately resolv'd upon in France for planting
and establishing Colonies on the river Messasipe all along the backs
of our settlements has given great umbrage and apprehensions
in these parts least in time these settlements may deprive us
of the trade and dependance of the Natives. My Lord I know
not how the freedom I am goeing to take might be construed
by others, but am persuaded that your Lordship will put no other
construction than the true one upon it, that is a zeal and concern
for H.M. interests in these parts. I humbly conceive you have
been kept in the dark, to say no worse of it, as to the nature of
the Government of the five Indian nations as they are called, which
by experience and the information of all those I have had any
conversation with amongst them I am convinc'd is now and
has in all times been no other than this. Such numbers as for
the conveniencys of hunting and fighting, all the businesse of their
158 COLONIAL PAPERS.
1713.
lives, herd together live in a perfect state of nature every man his
own master free from all rules or regulations, or any constraint
from custom itself, only in the two important affairs mentioned
the younger sort are readily advised by such of the elder as have
by the common vogue the reputation of the wisest, neither are
they under any obligation to follow such advice, there being no
coercive power or penalty lodged or so much as supposed to be any-
where amongst them, only they conclude it folly not to be advised
by those who have more sense and experience than themselves
and can have no interest in imposeing upon them, for that reason
these sages call'd by them laner, the word Sachim appertaining
only to our river Indians, are commonly the most indigent being
the most ancient unable to hunt themselves and haveing no share
in the produce of their exploits of any kind but such as these
concern'd in takeing the booty think fit voluntarily to leave them,
for at their return from these employments the wise men divide
to each his share saving nothing to themselves, neither are they
or can they be confined to any certain number there being no
other election or nomination of such but the impression that the
experience of their life and behaviour makes on the mind of the
generality. When at their own or my desire I have at any time
met them the whole body hears what I have to propose, after
which they retire and consult together and haveing agreed upon
answers to each individual proposition one of these sages is chosen
by the whole to report them neither is their voice delivered by any
one particular man but sometimes by one, sometimes another,
though most commonly they choose the eldest and most eloquent
amongst them. Their wars are begun and carried on in this
manner, one of them who has got the design in his head makes a
feast and invites his canton to it and in the assembly he dances
explaining in a song his intentions and reasons, such as approve of
it dance one after another and all that eat at his feast are looked
upon as listed for yt. expedition and the proposer is constantly
the leader for that time. This much is sufficient to let your
Lordship into the nature of their no government upon which in
a great measure our security depends, it not being probable that
they should at any time all agree to fall upon us without just
provocation, but if some from mistaken notions or private pur-
poses should endeavour to establish with success any other form
amongst them by applying meanings to words to which they
have no manner of relation and should it be obtruded upon that
people that such and such are Princes because we think so or call
them so and should these Princes assume or acquire an authority
in any measure proportion'd to that of European potentates,
from that minute our quiet and safety must depend upon their
caprice, who haveing little to doe at home and commanding
a people who have less will probably be for makeing war where
they propose to doe it with most ease and profit and may be easily
bribed to disturb us by our enemys when we are so unhappy as
to have any in our neighbohood. Happily indeed for us those
who were carryed to England were men of no consideration or
rather the most obscure amongst them. Hendrick its true had
AMERICA AND WEST INDIES. 159
171H.
some credit with the small village of Mohaks called Scoharee,
but he himself a river Indian and a very turbulent subtle fellow,
who since his return has given us more trouble than all the other
Indians beside, and had he had the hundredth part of that power
which was ascribed to him we must have been in actual war with
them at this time. I must acquaint 3 7 ou with one particular.
The people of Scoharee (who held that land by no good tenure
haveing formerly sold it but the grant of it being revok'd by an
act here, the Government here gave the Indians again possession
of it) were prevail'd upon to make a cession of it to the Queen.
Hendrick kept them off a long time from compleating their
act of cession under pretence of the insufficiency of the presents
which I at last considerably augmented which determined them
to accept of them, but Hendrick then their Speaker full of his
imperial power ventured to deliver his sentiments contrary
to what he had in instructions from them upon which the minute
they left me they fell upon him and had torn him to peices
but for the interposition of some soldiers and my servants and
they immediately return'd and resign'd their lands. To shew
your Lordship how apt they are to extend the notion of princely
power when they have receiv'd it, I must triffle once more. One
of the River Indians takeing away a candle from before me was
chid by one who stood by, but he readily replyed, I Sachem, I
King, I doe what I please, tho' at the same time he neither had or
claim 'd respect or obedience from his fellow savages. Upon the
foot they now stand they are easily managed, a little art and
industry with their antients carrys most points, but should they
happen to be new modell'd, we shall be at a loss what measures to
take. What I have set down is a rude sketch of then' ruder
government, and whether the contrary notion has arisen from
deception or design, or whether those who have imposed upon
others were not first imposed upon themselves I shall not take
upon me to determine, but I am bold to affirm that from that
minute that these notions with relation to their government which
have obtain'd among us prevail among them, we shall enjoy here
but a very precarious security, etc. Signed, Ro. Hunter. Endorsed,
Rd. April 24th, 1713. Holograph. 4* t pp. [C.O. 5, 1085. No.
11.]
March 14. 296. Governor Hunter to the Council of Trade and Planta-
New York, tions. This letter relates to the affaires in New Jersey, which
remain still in the same perplexity untill H.M. pleasure be known
touching the alteration of her Council there upon which intirely
the quiet of that Province depends. There has been somehow
handed over hither a copie of a representation said to be given
to your Lordships signed by Jacob Henderson missionary for
Dover Hundreds in Pensilvania aspersing foully several gentlemen
recommended for Councelors, some of the gentlemen concern'd
being so basely attackt in their reputations, thought it necessary
for their justification to appeale to the convocation of the clergy
of both Provinces assembled at New York, who unanimously
agreed upon the resolution of sending to Mr. Henderson a letter
160
COLONIAL PAPERS.
1713.
sign'd by them all, a copie of which is here inclos'd, etc. Nothing
but the appeal I have made to H.M. could have kept me from sus-
pending some of these gentlemen of the Council for their turbulent
and imdutifull behaviour, and I cannot doubt but that your
Lordps. will do your endeavour to prevent H.M. authority from
being trampled upon in the person of her Governour how incon-
siderable soever that may be, whilst she is pleas'd to continue him
in that office. Mr. Sonmans still absconds and continues to
disperse his libels. Mr. Pinhorn has never attended the Council
since the first Assembly and I believe resolves never more to do
so. Mr. Towneley, Mr. Gardner and Mr. Quarry are dead.
Mr. Cox talks still confidently of his going for Engld., so that I
shall hardly be able to make a quorum of Council for buss'nesse,
and even many of them dispos'd and resolv'd to obstruct all
buss'nesse. I formerly wrote to your Lordps. about a Court of
Chancery in that Province. The subject in this finds ease and
reliefe from it, and these in the Jerseys beg and groan for it, but
there is no hopes of opening such a Court with the advice of the
Council as it is now constituted. I desire to be resolv'd by your
Lops, whether the custody of the Scale does not actually
constitute such an officer and court, and if so whether I may not
by Proclamation without the Council's concurrence declare such
a Court to be open'd. It is to no purpose to let the Assembly
meet untill H.M. pleasure relateing to her Council there be
known. Signed, Ro. Hunter. Endorsed, Reed. 22nd, Read 23rd
April, 1713. 2 pp. Enclosed,
296. i. Convocation of Clergy at New York to Mr. Jacob
Henderson. March 5, 17J4. Protest against the char-
acters he is said to have given to the Board, of Trade
of some gentlemen recommended by the Governor for
Councillors . Signed , Alexander Innes , ^Eneas McKenzie ,
John Barton, Chris. Bridge, Edward Vaughan, John
Charpe, Daniel Bondet, T. Haleday, Henricus Beys.
Copy. 1| pp. [C.O. 5, 970. Nos. 163, 164; and
(without enclosure), 5, 995. pp. 170-173.]
March 17. 297. Council of Trade and Plantations to the Lord High
Whitehall. Treasurer. Your Lordship having been pleased some time
since to order one year and a half salary to this Board, we hope
your Lordship will be so good to direct the payment thereof.
[C.O. 389, 37. p. 56.]
March 21. 298. H.M. Commission for Capt. John Moody to be Lt.
St. James's. Governor of Placentia. Countersigned,, Bolingbroke. Endorsed.
Reed. 15th June, 1713. Copy. 1 p. [C.O. 194, 5. No. 24 ;
and 195, 5. pp. 312, 313.]
March 21. 299. Memorandum of letter from Thomas Harley, Secretary
to the Treasury, to the Council of Trade and Plantations.
Slip. | p.
Enclosed,
AMERICA AND WEST INDIES. 161
1713.
299. i. Establishment of the garrison of Annapolis, 1711. Total,
2,162?. 125. U. Endorsed, Feb. 16, 17f|. p.
299. ii. Establishment of the garrison of Annapolis, 1713.
Total, 1,204Z. 105. Same endorsement. I- p. [C.O.
217, 1. Nos. 9 i., 9 ii.]
March 21. 300. Thomas Gordon to [? Mr. Popple]. Encloses following,
New Jersey, to clear his character from Mr. Henderson's unjust aspersions,
etc. Signed, Thomas Gordon. Endorsed, Reed. 30th May, 1713,
Read 23 Nov., 1717. 1 p. Enclosed,
300. i. Certificate by Alexander Innes in favour of Lt. Col.
John Anderson, recommended for the Council of New
Jersey, and aspersed by a memorial subscribed by Jacob
Henderson, missionary to Dover Hundred in Pensilvania
and presented by him to Lord Winchelsea, president
to the Lds. Commissioners of Trade. 12th March,
1712 (1713). Signed, Alexander Innes, presbiter.
Endorsed as preceding. 1 p.
300. ii. Certificate by Robert Watts, Factor of the African
Company, in favour of Capt. John Anderson, late
commander of the Unicorn. 20th March, 17|~|. Signed,
Rot. Watts. Same endorsement. \ p.
300. in. Certificate by Edward Vaughan and T. Halliday as
to the character of Thomas Gordon. " He is learned
hi the law, and science mathematical, etc., and not only
catechises and instructs his children, but his slaves
in ye principles of the Christian faith " etc. 16th March,
1712 (1713). Signed, Edward Vaughan, minister of
Elizabeth Town in New Jersey ; T. Halliday, minister
of Perth Amboy, etc. Same endorsement. 1 p.
300. iv. Similar certificate. Signed, JEneas McKenzie, 21st
March, 17]-f . Same endorsement. 1 p.
300. v. Similar certificate as to the character and good family
of Thomas Gordon. 12th March, 17|f. Signed, Alexander
Innes, presbiter. Same endorsement. % p. [C.O. 5, 971.
Nos. 17, 17 i.-v. ; and (without enclosures) 5, 995.
pp. 341-343.]
March 21. 301 . T. Harley to the Council of Trade and Plantations. The
Treasury Lord High Treasurer desires you to take the usual method in
Chambers, obtaining H.M. hand to Governor Nicholson's instructions (Feb.
25), adding enclosed to those proposed for enquiring into arrears
of prizes, etc. Signed, T. Harley. Endorsed, Reed. 23rd, Read
31st March, 1713. Addressed. 1 p. Enclosed,
301. i. Mr. Burchett to the Lord High Treasurer. Admiralty
Office, Feb. 27, 17||. The Lords Commrs. of the
Admiralty having reason to apprehend the Queen
hath been defrauded of considerable summs in the
Plantations, propose that Mr. James Smith (who was
formerly Agent for Prizes in the Fleete abroad, and now
Judge of the Court of Admiralty in Newfoundland)
may be employed under Genl. Nicholson in inspecting
Wt. 5622. C.P. 11.
162 COLONIAL PAPERS.
1713.
into the rights and perquisites of the Admiralty, with
an allowance for his pains etc. Signed, J. Burchett.
Addressed. 1 p.
301. ii. (a) Instructions for Governor Nicholson for recovering
any rights and perquisites of Admiralty in America, since
H.M. accession, which have been either conceal'd or
imbezled, or not properly accounted for.
301. ii. (b) List of prizes accounted for. The ivhole, 4 pp.
[C.O. 323, 7. Nos. 24, 24 i., ii. ; and (without enclosures]
324, 10. pp. 22, 23.]
March 27. 302. The Lords Proprietors of Carolina to Governor Craven.
Craven House. We have herewith sent you the heads of an Act of Assembly
which we think proper to be passed for the better securing our
debts and chief rents to us and for confirming the titles of the
inhabitants to their plantations and estates. We have complyed
with the proposalls that were sent to us by our Chief Justice for
the passing such a law, and have advanced yours and some other
salaries, and have consented to the publick buildings wch. we
think to be for the honour and advantage of our Government.
We being inform'd of Sir Anthony Craven's death, are apprehen-
sive that your affairs, upon that occasion, may require your
coming for England, and in that case have appointed Mr. Robt.
Johnson to succeed you, but we shall not grant him any Commis-
sion till we can receive further advice from you. Signed, Beaufort,
Carteret, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. p. 65.]
March 27. 303. Same to Nicholas Trott, Chief Justice of South Carolina.
Craven House. We received your letters with the heads of an Act of Assembly
for the better securing our chief rents and for the confirming and
settling the titles of the inhabitants of our Province to their
lands ; we think it very reasonable that such a law should be
passed, and have therefore sent you back the heads which we
think proper for such an Act wth. very little alteration from those
you sent us ; we recommend to you the care of this and what
other Acts of Assembly shal be thought proper to be transmitted to
us for our confirmation. Signed as preceding. [C.O. 5, 290. p. 66.]
[March 28.] 304. [Relatives of General Parke] to the Council of Trade and
Plantations. The relations of General! Parke trouble your
Lordships with the inclosed, and hope you'l represent the matter
in its proper collours to H.M. in Generall Councill, where 'tis
thought she will declare her Royall pleasure about it this night.
And they have too much reason to think that she is much imposed
upon as to the whole fact. Endorsed, Reed. 28th, Read 31st
March, 1713. Addressed. 1 p. Enclosed,
304. i. Truth brought to light ; or, murder will out ; being a
short, but true, account of the most horrid, barbarous,
and bloody Murther and Rebellion committed at Antego
in the West Indies, against Her Majesty and Her
Government. Designed to show that the murder was
the result of a conspiracy. Printed. 4 pp.
AMERICA AND WEST INDIES.
103
1713.
March 30.
March 30.
Barbados.
March 31.
Jamaica.
304. ii. Some instances of the oppression and male adminis-
tration of Col. Parke, etc., and remarks on preceding.
Printed. 4 pp. [C.O. 152, 9. Nos. 157, 157 i., 158.]
305. Governor Douglas to the Council of Trade and Planta-
tions. The best account, that I have gained of Monsieur Cassarts'
expedition agt. Curassow is, that he hath lost his 70 gun shipp,
and rather compounded with, then ransomed the place for 150,000
crowns, and in some measure to save his honor, without hurting
the Colony, and tho' we hear the Dutch behaved themselves but
indiferently, yet the French were loosers. In pursuance of the
directions that I received from the Commissioners of Customs, I
have call'd a Court of Exchequer, and have appointed the
Reverend Jonathan Yate Giffard Clerk Chancellor, John Lucas,
Esq., Chief Barren and Abraham Redwood, Samuel Parry and
- James, Esqrs. puisny Barrens and the Attorney Generall
has exhibited 119 informacons upon soe many plantation bonds
that doe not appear to be legally discharg'd, great numbers have
been lost and illegally discharged, but these prosecutions extremly
allarm the Collony, and put the planters in great fear of forfeiting
their estates, and well deserves your Lordshipps' consideracon,
how farr it may be convenient to proceed therein, upon which
subject I hope to receive your Lordshipps' directions. Signed,
Walter Douglas. Endorsed, Reed. 26th May, Read 14th July,
1713. 1 p. [C.O. 152, 10. No. 4 ; and 153, 12. pp. 101, 102.]
306. Governor Lowther to the Council of Trade and Planta-
tions. Your Lordshipes letter of Aug. 27th came not to my
hand till the other day. I must crave leave to remind your
Lordshipes that I sent Mr. Kerby to England upon a letter I
receiv'd from General Douglas dated Jan. 7th, 1711-12, wherein
he not only charg'd him with the murder of Mr. Parke, but did
also assure me that there were sufficient evidences in England
to prove the fact against him. I did conceive that this letter was
not only a good warrant for me to apprehend Mr. Kerby, and to
send him to England, but also that I should have been remiss
and tardy in my duty and service to H.M. if I had not done it,
etc. However, for the future I shall give no credit to any such
letters, etc. Acknowledges letter of Dec. 22 last with H.M. two
orders of repeal " which I shall cause to be publish'd in the usual
manner and enter 'd in the Council books." Encloses sessional
papers, etc. Signed, Rob Lowther. Endorsed, Reed. 18th May,
Read July 17th, 1713. Addressed. Holograph. If pp. [C.O. 28,
14. No. 4 ; and 29, 13. pp. 62-64.]
307. Governor Lord A. Hamilton to the Earl of Dartmouth.
Since my last (duplicate enclosed) H.M.S. Nightingale arryved here,
by her received yr. Lop's, of Aug. 21st, which I have strikly
comply'd with, and have likewise given orders to all under my
Government that due respect be had to all such passes as H.M.
has thought fit to grant to French and Spanish ships. How well
H.M. commands has been obey'd in these points by Sir H. W T alker
164 COLONIAL PAPERS.
1713.
and some of the Comanders of Her ships here yr. Lop. will best
judge by stateing two facts which I think my duty to represent.
Refers to complaint against Capt. Jackson, v. No. 291. I
received an answear from the Admiral the 6th March in the
words following (viz), " I had own'd yr. Lop's, letter and the
Governor of Cartagena's letters sooner, but expecting the bark
in here that Capt. Jackson seiz'd, and that not yet aryving it is
to be presumed she may be return'd to Cartagena and therefore
am at a loss what to determin therein. But being now under
orders to proceed to Great Britain with the squadron I shall leave
all matters relating to that affair to be determined there." The
Admiral takes no notice of the money (6000 ps. of 8 as I am
inform'd) Capn. Jackson took out of that vessel and actually
brought with him to this Island, so that I am no less at a loss how
to answear the Governor of Cartagena's letter, and of what con-
sequence the delay of satisfaction to so reasonable a demand
may be to the trade of this Island, I humbly submit to
yr. Lop. ; and we have allready had an instance of the ill
consequence of such a proceeding. The master of a tradeing
vessel belonging to this Island returning some days ago from Porto
Velo assured me that he had not dispos'd of any part of his cargo,
and that the Governor of that place had strikly forbid to trade
with the English, till such time sufficient restitution be made
them for the said bark, and there are now several other vessels
richly laden gon a tradeing on that coast, which we may reasonably
expect will return with the same disapointment. The other
fact that I shall lay before your Lop. is this, upon receipt of
a letter from Mr. Burchett by command of the Lords of the
Admiralty of Oct. 27th last by the Nightingale that arrived here
the llth instant, I gave notice by letter to Rear Admiral Walker
that I had received dispatches by that ship from the Court of
Madrid to their several Governors in America, and of its being
recomended to me to see the same convey'd as directed with all
possible dispatch, the said packetts containing directions for the
observation of the truce. I thereupon conceiving it for H.M.
service proposed that a frigott or one of the sloops under his
command should be forthwith ordered to proceed to Cartagena
and Port Velo with the packetts for those Governors and such
others as were proper to be forwarded by them ; But to this letter
the Admiral has not thought fit to return me any answere, and I
am well inform'd that he had determined to send the Jamaica
sloop with merchts. goods to both those ports before the receipt
of my letter, and the said sloop is accordingly since sail'd without
his having given me the least notice thereof, so that I have been
oblidged to send a gentleman in a sloop belonging to the Island
with the said dispatches. I shall not trouble yr. Lop. with my
reflections on these facts upon what reason they are founded
being beyond my comprehention. By English vessels lately
arived here from Curassow, I am inform'd that Monsr. Cassart
had left that place after haveing oblidg'd the inhabitants to
ransom the towne for 115,000 pieces of eight, haveing made but a
very indifferent defence. The Duke D'Albequerk Vice-roy of
AMERICA AND WEST INDIES.
105
1713.
March 31,
Jamaica.
March 31.
Whitehall.
Mexico is aryved at the Havana in his way to Spain, and the
Marquis de Cassatores is aryved Governor of the Havana, and not
the Marquis de Sucre as I was inform'd before. There lay at
that port a fleet richly laden bound home. Signed, A. Hamilton.
5J pp. [C.O. 137, 51. No. 70.]
308. Same to the Council of Trade and Plantations. Repeats
preceding and adds after " comprehention." , nor shall I inlarge
on instances of an inferiour nature, as of the hardships and
discouragements put upon all traders in general and masters of
ships and vessels comeing in and goeing out by bringing them
under his stern among The Keys, and dedaining them upon
tryfling and frivolous pretences, threatning to wheep some and
carry home others, and since I began to write this, the master of
a French sloop from Nariz bound to the Havana, who had before
shew'd me the Queen's pass, as also the French King's, and had
desired the liberty of the port to wood and water ; now makes his
complaint to me that the Admiral lias brought him to an anchor
under his stern, put men on board and there detains him for what
reason or upon what accot. he knows not. I shall only add
that since his arrivall here the disposition of the ships both as to
convoys, cruisers and guarding the coast has been industriously
kept a secret from me, and now I writt this on the common
report of the squadron's saileing in few days, not being acquainted
therewith otherewise then by the abstract of his letter above
incerted. The Island is at present very healthy and the weather
seasonable, so that there is a promising prospect that the nixt
will be a good crop of sugers. Signed, A. Hamilton. Endorsed,
Reed. 25th May, Read 17th July, 1713. 6f pp. [C.O. 137, 10.
No. 15 ; ami 138, 14. pp. 1-5.]
309. Council of Trade and Plantations to the Lord High
Treasurer. Reply to Feb. 13th, q.v. The new fort begun at
Barbadoes during Sir B. Granville's government is not yet finish'd,
which as Col. Lilley, the Ingineer, informs us, wou'd be a great
security to that Island were it perfected. It has already cost the
Island about 9,OOOZ. in mony and in negroes labour, and he believ'd
that about 11,0001. more including negroes labour wou'd compleat
the same ; but neither he nor the agent of the Island cou'd
give us any assurance that the Assembly wou'd raise any more
mony for that work. We are also inform'd that the Assembly
of Jamaica allows but 1,250?. a year (their money) for the support
of the whole charge of the fortifications, and the persons with
whom we have discours'd here believe, they will scarce be induc'd
to raise mony for the support of the Ingineer and Storekeeper
there. As to New York, we are inform'd that there is a new
fort to be built in the Indian country to secure them against the
incursions of the French Indians, the doing whereof will require
some time. And as the Ingineer at New York, is also Ingineer
at New England, we propose that the recalling of him be deferr'd
till the said fort is finish'd, or till Col. Nicholson shall have been
upon the place and examin'd into the state of that matter, and
166 COLONIAL PAPERS.
1713.
made his report to your Lordship thereupon. We have no objec-
tion to the Board of Ordnance's proposal in relation to the garrison
at Annapolis. [C.O. 29, 13. pp. 2-5.]
April 1. 310. Council of Trade and Plantations to the Earl of Dart-
wiutelmii. mouth. Enclose following to be laid before H.M.
310. i. Heads of Enquiry and Instructions relating to the trade
and fishery of Newfoundland for Francis Nicholson
Commander-in-Chief of H.M. forces there, (a) 34
queries of the same tenor as those given annually to Com-
modores of the Convoys, (6) The Commodores have
reported that the following irregularities continue,
(1) The inhabitants have not a due regard to the regula-
tions of the fishery, it being found that to the northward
of St. John's as far as Carbonier, and to the southward,
as far as Ferryland, the trees are rinded, and the woods
destroyed, as much as before the Act to encourage the
Trade to Newfoundland, (ii) The Admirals of the
harbours and masters of ships do not exactly observe
the rules presented by the said Act. (iii) Vessels from
New England supply the people with provisions, and
the New England traders seldom depart the country,
till the men of war are first sail'd, raid then carry with
them numbers of handicraft men and fishermen, whom
they entice thither in expectation of great wages, (iv)
Masters of ships are very negligent, in bringing their
men home, whereby they save the charges of their
passages, and those men so left, are entic'd and carry'd
to New England, (v) European commodities have
been carryed directly from France, Spain and Portugal
to Newfoundland in British ships, contrary to law, and
sold or truck 'd with the traders from New England for
tobacco, sugar, and other of the enumerated commodities,
and carry'd to foreign parts, so that at the latter end of
the year, the masters have been wholly taken up in the
management of that illegal trade. You are therefore
upon your arrival in those ports, to take care, as far as
in you lies, that the most effectual methods be taken for
remedying the said irregularities and mischiefs, as
likewise that those others formerly complained of, be
not again practis'd ; and of your proceedings in pur-
suance of all these our Instructions, you are to give an
account to our Commissioners of Trade etc. (c) A scheme
of the fishery (number of ships, etc.}. [C.O. 195, 5.
pp. 292-308].
April 1. 311. Council of Trade and Plantations to the Earl of Dart-
Whitehall, mouth. Enclose following to be laid before H.M. Annexed,
311. i. Instructions for Francis Nicholson, Governor of Nova
Scotia. The same as those usually given to Governors,
with an additional clause, vizt : Whereas we have
thought fit to give directions to our Lt. Governor of
AMERICA AND WEST INDIES.
167
1713.
April 1.
Whitehall.
April 1.
Whitehall.
Virginia, and to the Lords Proprietors of Carolina,
for settling the boundarys between the said Provinces :
and whereas directions were formerly sent to the
respective Governors for settling the boundarys between
Maryland and Pennsylvania, you are therefore upon
your arrival in the said Provinces to inquire into this
matter, and to inform our Commissioners for Trade and
Plantations, what obstructions the same has met with,
and ye reasons thereof, with your opinion thereupon.
[C.O. 218, 1. pp. 40-79.]
312. Council of Trade and Plantations to the Earl of Dart-
mouth. Enclose Governor Nicholson's Instructions (v. Feb. 25)
for H.M. signature. Annexed,
312. i. Instructions to Governor Nicholson relating to arrears
of prizes and arrears of the rights and perquisites of
Admiralty. (Feb. 5, March 21.) [C.O. 324, 10. pp.
23-34.]
313. /Same to same. Since our Representations to H.M. of
Feb. 16, 17[-, and Nov. 13th, 1711 and 23 April last, concerning
the difficulties Col. Hunter H.M. Governor of New York had
met with from the Assembly of that Province, in relation to
the procuring the settlement of a Revenue for the support of the
Governmt. there, we have received frequent complaints from
him and the Council upon the same subject. Whereupon we
take leave to acquaint your Lordship, that the Assembly still
persist in their resolution of not permitting the Council to make
any amendments to a mony bill, pretending they (the Assembly)
have an inherent right to dispose of the mony of the Freemen of
that Province, and that such their right does not proceed from
any commission, letters patents, or other grant from H.M.,
but from the free choice and election of the people ; notwith-
standing they had been acquainted they could not be elected
nor sit as an Assembly but by virtue of a clause in H.M. Com-
mission to the Governor, so that several mony bills which had
been amended by the Council in some essential parts were lost ;
and that Government is at present without any Revenue for the
support thereof. Col. Hunter being empower'd by H.M.
Commission with the advice and consent of the Council to erect
and constitute such Courts of Judicature, as should be thought
fit and necessary ; on the repeated petitions from several parts
of that Province, did by advice of the Council, establish a Court of
Equity ; upon which the Assembly upon the 24th Nov., 1711,
resolved " that the erecting a Court of Equity, without consent in
General Assembly, is contrary to law, without precedent, and of
dangerous consequence to the liberty and property of the subjects."
By H.M. Additional Instruction to Col. Hunter, of Dec. 30,
1709, he was required to reconsider an ordinance, passed at New
York in 1693, for settling of fees, and with the advice and
assistance of the Council, to prepare such another table of fees
(if need were) as would make a reasonable provision for the
168
COLONIAL PAPERS.
1713.
officers, and be most agreeable to the circumstances of the
Province ; which having been prepared accordingly, the Assembly
did on the forementioned Nov. 27th, resolve " that the estab-
lishing fees without consent of the General Assembly is contrary
to law." These are some instances of their undutifulness to
H.M., and of their attempting to abridge her Royal Prerogative
there. Upon all which Col. Hunter observes in one of his last
letters, that if ye remedy for these evils be long delay'd, it may
cost more than the Province is worth. To which we take leave
to add, that this proceeding of the Assembly of New York will
be of very ill example to H.M. other Governments in America,
who have most of them already shewn too much inclination to
assume pretended rights tending to an independency on the
Crown of Great Britain : and therefore to remedy the inconve-
nience at New York, and to prevent the mischief that is to be
feared there, and to deter the other Plantations from attempting
the like ; we humbly offer that H.M. pleasure be signify'd upon
the draught of a Bill to be pass'd here, for settling a Revenue at
New York, which we prepared by her Majesty's directions and
laid before H.M. March 15, 17j p (copy enclosed), for unless this
be done, we do not see any probability that the Assembly of New
York will settle any Revenue, for the support of H.M. Governor
or Governmt. there. [C.O. 5, 1123. pp. 88-91.]
April 11. 314. A slip of memoranda. [(7.0.28,43. No. 84.]
April 15.
St. James's.
315. Order of Queen in Council. Approving of Representa-
tion of 27 Aug. 1712, and dismissing Messrs. Pinhorn, Cox,
Sonmans and Hall, and appointing John Anderson, John Hamilton,
John Redding, Elisha Parker, and Tho. Byerly to the Council of
New Jersey. Signed, Ja. Vernon. Endorsed, Reed. Read
June 24, 1715.
pp. 302-304.]
PP- \G*0. 5, 970. .No. 165; and 5, 995.
April 15.
St. James's.
316. Order of Queen in Council. The Lords Proprietors of
Carolina having appointed Robert Johnson Governor of Carolina
and desiring H.M. approbation according to the Act, the Council
of Trade and Plantations are to report their opinion with all
convenient speed. Signed, Christo. Musgrave. Endorsed, Reed.
30th April, Read 7th May, 1713. 1 p. [C.O. 5, 1264. No. 133.]
April 15.
St. James's.
31 7. Order of Queen in Council.
5, 1292. p. 378.]
Copy of preceding. [C.O.
April 1(3. 318. The Earl of Dartmouth to Governor Lowther. Recom-
Whitehall. mends the case of Mrs. Susannah Thomas, " a young lady who
by reason of the distance of the place where her estate lay,
has suffered great wrong, and by the death of her nearest relations,
been left destitute of all manner of support," etc. Signed, Dart-
mouth. [C.O. 324, 32. p. 213.]
AMERICA AND WEST INDIES.
169
1713.
April 16.
Maryland.
319. President and Council of Maryland to the Council of
Trade and Plantations. Wee humbly presume to address you and
implore your Lordships' consideration of the distressed circum-
stances of this poor Province, to which it is reduced by the
extream low price of Oronoko tobacco : in the cultivation whereof
the generality of the inhabitants and their servants are chiefly
employed ; so that most of us labour under great dificultys and
had not many people applyed themselves to spinning the little
wooll their small flocks of sheep afford, and likewise some small
quantitys of flax, they wou'd have suffer'd very much for want of
necessary cloathing, which too many, not so carefull, and
industrious have wofully experienced ; nor have wee any reason
to expect when these our unhappy circumstances will be anywise
better'd (considering the great debts the inhabitants are ingaged
in, not only one to the other, but also to the merchts. in Great
Brittain for necessary supplys) unless some expedient cann be
found to lessen the heavy charges on tobacco, which render its
produce so very small that the generality of planters are extreamly
discouraged, and many of them have applyed themselves to
makeing grain, finding their yearly cropps of tobacco will not
support them, much less enable them to discharge the engage-
ments they lye under ; wherefore wee cannot but think it our
dutys, to represent the true state of the province in this its present
exigency, and humbly to request your Lordshipps to propose
some expedient for our releif, etc. Signed, Edwd. Lloyd, Wm.
Holland, Will. Coursey, Tho. Ennalls, Sam. Young, Tho. Green-
fields, Cha. Greenberry, Jno. Hall, Th. Addison, Phile. Lloyd,
Rd. Tilghman, Jno. Dorsey. Endorsed, Reed. Read July 13,
1713. 2pp. [C.O. 5, 717. No. 53 ; and 5, 727. pp. 334, 335.]
[April 16.] 320. Stephen Duport to the Council of Trade and Plantations.
The Council and Assembly of St. Kitts pray your Lordships to
recommend to H.M. that when the French part of that Island
is to be disposed of, the poorest inhabitants may have some small
parcels of lands given them gratis, and others more able to
purchase may at least meet with a kind preferance before any
strangers who have not had any share in their great fatigue,
hazard, real losses and unspeakable troubles in the warrs, the
consequences of which are still severely felt by most of them either
in thier persons or estates or both. Signed, Ste. Duport.
Endorsed, Reed. 16th, Read 21st April, 1713. 1 p. [C.O. 152,
9. No. 159 ; and 153, 12. pp. 73, 74.]
April 16. 321 . Council of Trade and Plantations to the Earl of Dart-
Whitehai. mouth. Enclose congratulatory Address on the Peace from the
Council and Assembly of Jamaica. Autograph signatures.
1 p. [C.O. 137, 46. No. 5 ; and 138, 13. p. 422.]
April 20. 322. H.M. Commission to Lt. Governor Moody to be Lt. Col.
St. James's. o f Foot. Countersigned, Bolingbroke. Endorsed, Reed. 15th
June, 1713. Copy. 1 p. [C.O. 194, 5. No. 25.]
170
COLONIAL PAPERS.
1713.
April 23.
Whitehall.
April 23.
Whitehall.
323. Council of Trade and Plantations to the President and
Council of Maryland. Enclose new seal and warrant for using
it, with orders to break and send home the old one. [C.O. 5, 727.
p. 319.]
324. Council of Trade and Plantations to Governor Hunter.
Acknowledge letters of Jan. 1st, March 1st, June 23rd, July llth,
Oct. 31st, Nov. 1st and Dec. ICth. We transmitted to ye Lords
Commissioners of the Admiralty, the proposals you sent us,
relating to the building a gaily and furnishing H.M. with Naval
Stores. As to what you write concerning the payment of your bills
for the subsistance of the Palatines ; we can assure you, that we
have from time to time represented that matter to my Lord High
Treasurer, as you have seen by our several representations.
The Acts of New Jersey, the one for raising inony, and the other
for the currency of bills of credit, are now under our consideration ;
we shall lay the same before H.M. for her pleasure therein. In
answer to that part of your letter relating to the Act for issuing
inony out of the Treasurer's hands, for the support of the Govern-
ment etc., we must refer you to what we have already writ to
you upon that subject. We shall expect the account you promise
us, of the number of inhabitants, and desire that you will distin-
guish the men, women and children. You say that there has
never been any Register kept as to births and burials, and that
there is not a possibility of doing it until the counties are sub-
divided into parishes, great numbers remaining unchristned, for
want of ministers, upon which we should be glad you would let
us know, what provision can be made at New York for the support
and maintenance of such ministers there. We have laid before
H.M. the accounts of arms, ammunition, etc., and what you write
touching the wants of the Province ; as also the accounts of the
conspiracy of the slaves to destroy the inhabitants, and as you
desire, have humbly proposed to H.M., the reprieving those
mentioned in your letter, and so soon as we shall have received
H.M. pleasure on these matters, we shall transmit the same to
you. You shall likewise have the necessary information, as soon
as we know the event of what we have done upon your complaints,
in relation to the behaviour of the Assembly of New York ; that
whole affair has been laid before H.M., with the draught of a bill
we humbly offered might be proposed in the Parliament of Great
Britain, for raising a Revenue at New York, to support that
Government, and we are not without hopes that the same
may pass into a law here. We are not a little surprized at the
votes of the Assembly, upon your erecting a Court of Equity
at New York, it having been done, by virtue of the power vested
in you by H.M. ; and at the desire of the inhabitants ; these
votes as well as those they made in relation to the ordinance
for settling of fees, are so undutyful to H.M., and so highly deroga-
ting from her Royal Prerogative, that we have laid the same before
H.M., and doubt not by the next conveyance, to be able to acquaint
you, with the resolutions that shall be taken thereupon. We
hope now, you will be made easy, in relation to the Councillors
AMERICA AND WEST INDIES. 171
1713.
of New Jersey, for we laid that matter very fully before H.M.,
with our opinion that William Pinhorn, Danl. Cox, Peter Sonmans,
and Wm. Hall should be removed from the Council, and John
Anderson, Wm. Morris, John Hamilton, and John Reading
admitted in their places ; and that Elisha Parker and Tho.
Byerly be added to fill up two vacancies. Which H.M. has been
pleased to approve, so that there remains nothing to be done, but
that some person here, take out H.M. orders in this matter.
If you had an Agent here, we could send to him to do it, but as
you have none, we do not know how long the orders may lye
before they are dispatched to you ; this shows you the necessity
of having an Agent for each of your Governments, and we desire
therefore that you use your utmost endeavour to get such a one
established. We have this day, received your letters of March
14th relating to New York and New Jersey, the last whereof
relating cheifly to the Counsellors, needs no other answer than what
we have writ above, except that when the Council is changed,
you may then by their advice establish a Court of Chancery there.
As to the pardon of the persons that had been condemn'd, H.M.
has approv'd thereof, and Mr. Orby will take care of conveying
it to you. If any such petitioner's representation as you mention,
should be laid before us, you may be assured that we shall do you
justice, and that you will not be condemned unheard. We
have not received the address from the Assembly to H.M. which
you mention in your letter of Dec. 16th, and the votes of the
Assembly referr'd to in your letter of March 14th, is imperfect,
wanting at least two pages. As to the quit-rents, we shall
consider thereof, and by the next opportunity give you an answer
thereunto. [(7.0. 5, 1123. pp. 103-109; and 5, 1335. No.
181.]
April 23. 325. Council of Trade and Plantations to Lt. Governor
Whitehall. Spotswood. Acknowledge letters of Sept. 5th, Nov. 17, 1711,
Feb. 8, May 8 and 15th, July 26 and Oct. 15 last. We take
notice of what you write in relation to the Virginia Indian traders
and to the settling the boundaries between Virginia and Carolina,
and have accordingly laid (enclosed) representation of that
matter before H.M. And H.M. having been pleased to approve
our said representation, you may expect to receive orders
from the Earl of Dartmouth thereupon. Enclose order of Council.
You are very much in the right not to. give way to anything
contrary to H.M. Instructions, particularly in that clause wch.
relates to the patenting of lands. We have considered that
Instruction and do not see any cause for making any alteration
therein. What you have done towards bringing the Indians to
send their children to be educated at the Colledge is very commend-
able, and we hope that if clue care be taken of them it may tend
to the future advantage of Virginia. We have sent to the Lords
Proprietors of Carolina what you write, etc. (May 8 and July
26th) ; and they have given to Col. Nicholson, who is now going
over to America, commission to settle that Province upon a
better foot than it has hitherto been. However your care and
172 COLONIAL PAPEKS.
1713.
dilligence in endeavouring to assist the Province of Carolina
against the said Indians is very commendable. We observe
what you write in relation to the drawing of the quit-rents from
Virginia ; but as that matter is intirely under the direction of the
Lord High Treasurer, you ought to have made your application
to his Lordp. thereupon. If the Assembly should continue to
offer any bills that may lay a burthen upon the shipping or com-
modities of this Kingdom, you will do well (as you have hitherto
done) to discountenance such bills, and if they shou'd be brought
to you for your assent to reject the same. As to the claims
rejected by ye Assembly for fitting out of a spy-boat, mounting
of great guns, etc., we think they were very much in the wrong ;
and therefore you shou'd represent to them the reasonableness
of their discharging such debts as are contracted solely for their
service and security. We cannot well judge of what you write in
relation to the altering the value of foreign gold coins, unless we
saw ye draught of what the Assembly propose. However in
general, we think you may govern yourself in that matter, by
allowing foreign gold to pass in proportion to the weight and
fineness of guineas here. As to what you write in relation to your
being reimbursed for the pork you provided for the Canada
Expedition, we have been informed that 800Z. has already been
paid in part, and that the rest is in a way of payment. Col.
Nicholson will give you a further account thereof. If upon
your perusal of the Lord Baltermore's and the Lord Colepeper's
grants, you find that the Queen has a right to the lands in the
Fork of Potomack, you ought to insist upon it. We must com-
mend your care in preventing the abuses you mention in the
obtaining of rights for taking up lands, and we agree with you
that it is very unreasonable that the persons who take up and
cultivate Proprietors' lands in Virginia should have the same
privilege as those who cultivate the lands held of the Crown.
The account you give us of the qualifications of persons to elect
Assembly men in Virginia may prove of ill consequence if not
timely prevented, and therefore we desire you would take the
advice of the Council, and then propose to the Assembly the
passing a bill for the qualification of electors and of persons
to be elected ; and you may intimate to them that in case they
refuse to pass such a bill as may be reasonable in this behalf, care
will be taken here to set that matter upon a right foot. We have
represented to H.M. what you have writ in relation to your
want of arms, and also in relation to mines in Virginia, and as soon
as H.M. pleasure shall be signify 'd to us thereupon, we will not
fail of giving you notice thereof. Enclose new seal and H.M.
warrant, etc. You are to cause the old seal to be broke in Council,
and transmitted to us, as there expressed. [C.O. 5, 1363. pp.
482-486.]
April 25. 326. Governor Lord A. Hamilton to the Council of Trade
Jamaica. an( j Plantations. Pursuant to the directions of a letter from the
Commissrs. of H.M. Customs of Nov. 13th, I order'd the Naval
Officer and Collrs. here to lay such bonds as were remaining in
AMERICA AND WEST INDIES
173
1713.
April 25.
Jamaica.
April 28.
Whitehall.
their hands and are not discharged according to law before the
Attorney Genii., whom I likewise ordered to put the same in
suite before March 28th last, which has been done accordingly.
This, my Lords, has allarm'd the whole body of the merchts.
here, and has occasion'd a representation from them to me in
Council (enclosed), and upon the strictest examination and
inquiry not finding anything contrary to the allegations contain'd
in the said representation or any reasonable ground to suspect the
want of return of certificatts to have been occasion'd by a
clandestine or prohibited trade, but that the same was occasion'd
by the particulars innumirated in the representation, and there
being time sufficient between this and March 28th, 1715, for
obtaining judgement upon the said bonds, in case H.M. shall
not think fit to order a stop of those prosecutions, I have upon
these motives by and with the unanimous advice of the Council
given the Attorney Genii, orders to move that those actions may
be continued and that no further proceedings be had thereon till
H.M. pleasure be known. Signed, A. Hamilton. Endorsed, Reed.
29th June, Read 17th July, 1713. 2 pp. Enclosed,
326. i. H.M. Commissioners of Customs to Governor Lord A.
Hamilton, Custom Ho. London, Nov. 13, 1712. By the
Act for continuing duties on imports, plantation bonds
are to be void in case there be no prosecution for breach
thereof before March 28, 1713 or judgment obtained
before March 28, 1715. We have directed Naval Officers
and Collectors to put all such bonds in suit as are
remaining in their hands which are not discharg'd accord-
ing to law, and desire you will be assisting with your
authority therein. Signed, J. Bridges, J. Stanley, F.
Gibbon, Jo. Werden. Same endorsement. Copy. 1 p.
326. ii. Merchants of Jamaica to Governor Lord A. Hamilton.
Protest against the prosecution of plantation bonds
referred to in preceding. The want of due returns of the
certificates upon such bonds has in many cases been due
to vessels being captured during the war, etc. Signed,
John Eastwicke and 62 others. Same endorsement.
1 p. [C.O. 137, 10. Nos. 16, 16 i., ii. ; and -(without
enclosures), 138, 14. pp. 5-7.]
327. Governor Lord A. Hamilton to Mr. Popple. Refers
to preceding, etc. Continues : What we have now most to
apprehend is the interruption the trade in these parts may
meet with by pyratts, being informed there are allready some
hundreds of them gott together in the Gulff of Darian, and there
is at present here only one fifth rate frigot and that very improper
for such a service having been much disabled and shattered by a
long voyage and ingagement on the coast of Guinea, etc. Signed,
A. Hamilton. Endorsed, Reed. 29th June, Read 17th July, 1713.
2f pp. [C.O. 137, 10. No. 17 ; and 138, 14. pp. 8, 9.]
328. Mr. Popple to Mr. Attorney General. Encloses
Governor Hunter's queries relating to quit-rents (March 14)
174
COLONIAL PAPERS.
1713.
April 29.
May 4.
St. James's.
May 4.
St. James's.
May 4.
St. James's.
May 5.
Barbaclo's
Secretary's
Office.
with copy of clause in his Instructions, for his opinion thereon.
[(7.0. 5, 1050. Nos. 66, 66 i. ; and (without enclosure) 5, 1123.
pp. 110-112.]
329. Abstract of the case of escheats in Jamaica. 1 p.
\C.O. 137, 51. No. 65.]
330. Order of Queen in Council. Approving representation
of April 1st. The Lords Commrs. for Trade and Plantations are
to lay the draft of the Act for granting a Revenue to H.M. in New
York before the House of Commons as soon as conveniently may
be. Signed, Edward Southwell. Endorsed, Reed. 8th, Read
15th May, 1713. I p. Enclosed,
330. i. Duplicate of Representation No. 313.
330. ii. Heads of the proposed Act of Revenue for New York.
llpp.
330. iii. Draught of (above) proposed Act, laid before H.M.
March 15, 1710/11. Subscribed, We approve of this
Act, Edwd. Northey, Robt. Raymond, March 13,
1710. 7f pp. [C.O. 5, 1050. Noa. 64, 64 i.-iii. ; and
(without enclosures) 5, 1123. pp. 113, 114; and (No.
ii. only) 5, 1085. No. 1 2.]
331 . Order of Queen in Council. Referring following to the
Council of Trade and Plantations, for their opinion with all
convenient speed. Signed, Edward Southwell. Endorsed, Reed.
7th, Read 18th May, 1713. 1 p. Enclosed,
331. i. Lords Proprietors of Carolina to the Queen. St. James's
Square. April 25, 1713. Desire H.M. approbation of
Charles Eden to succeed Edward Hyde, deed., as
Governor of North Carolina. Signed, Beaufort, Carteret,
M. Ashley, J. Colleton, J. Danson. Copy, f p. [C.O:
5, 1264. Nos. 134, 134 i. ; and- (without enclosure) 5,
1292. p. 381.]
332. Order of Queen in Council. Ordered that the Lords
Commrs. for Trade and Plantations do forthwith cause the
proclamation for publishing the Treatys of peace and commerce
lately concluded between H.M. and his Most Christian Majesty
the French King to be sent to the respective Govrs. of H.M.
plantations in America, with directions to them to cause the same
to be solemnly published in the usual places within their
Governmt. ; and also to give notice to all privateers and
comanders of ships to cause the said articles of peace and
commerce to be observed inviolably according to the tenor of
the said Proclamation. Signed, Edward Southwell. Endorsed,
Reed. 7th, Read 8th May, 1713. f p. [C.O. 323, 7. No. 25 ;
and 324, 10. p. 35.]
333. A. Skene to Mr. Popple. The inclosed papers will
informe you of the barbarous treatment I have met with since
my arrival, wch. I beleive is not to be paralleled, and such as I
AMERICA AND WEST INDIES. 175
1713.
hope their Lordships will highly resent, especially the freedom
Mr. Lowther has taken with them in his summons, you are sensible
how openly I acted all that affair, and how much not only Mr.
Lowther, but Mr. Crowe was indulged, which occasion'd me great
delay, notwithstanding whereof Mr. Lowther declares publickly
that all my success is by practiceing on the Lords of Trade, etc.
Signed, A. Skene. Endorsed, Reed. 10th, Read 16th July, 1713.
Addressed. Postmark. 1 p. Enclosed,
333. i. Copy of summons by Governor Lowther, requiring
Alexander Skene to attend him in Council to answer
reflections cast upon the Governor by his petition to the
Queen and misrepresentation of him to the Council
of Trade, etc., whereby he prevented the Lords of Trade
from giving any judgment upon the several extortions,
crimes and misdemeanours for wch. he was suspended,
etc. Pilgrim. April 27, 1713. Signed,, Robt. Lowther.
*
333. ii. The case of Alexander Skene. Mr. Skene arrived
in Barbados March 25 with H.M. order for restoring him
to his office. Mr. Barwick and Mr. Upton refused to
refund him the profits of his office, the latter because
he had paid the Governor 400J. quarterly. April 22.
Skene petitioned the Governor for relief. H.E. merely
replied that he must apply to the Queen. From
Skene's arrival to that time, H.E. expressed the most
violent resentment against him, threatening him, and
not suffering him to come in his presence when he
brought him any paper to signe, and yet refusing to
sign any papers unless he brought them. On April
27 Skene preferred a second petition, praying for H.M.
seal of this Island to two copies thereof to lay before
H.M., but received no answer. The same day he was
serv'd with a summons (v. No. i.). Skene attended with
his answer in writing, but the Governor refused to have
it read. Mr. Skene desired H.M. order to be read and
entered, whereupon Mr. Lowther flew into a violent
passion and reviled him, and would not suffer H.M.
order to be read, etc. He then called in all the persons
whose depositions he had formerly made a handle to
suspend Skene, desiring them to recognize their deposi-
tions, and telling Mr. Skene that he might cross-examine
them, tho' most of them were not upon oath and did
declare they would not swear again. On the day follow-
ing Skene produced his patent and tender'd his deputy,
but Mr. Lowther would not admit him. During the
whole proceedings not one member of Council opened
his mouth. H.E. order 'd what he thought fit to be
enter'd, and when one of the members of Council asked
if he would take the opinion of the Board in yt. affair,
he answered that he did not want their opinions, and
adjourned the Council. Skene foreseeing that the
Minutes as entered might carry some reflection upon
176 COLONIAL PAPERS.
1713.
him, for they were not the Council's but the Governor's,
made his application to several of the members to attest
a true account of those two daies proceedings, wch. five of
them have accordingly done. It is the currt. report
that as soon as the ships saile for Brittaine, Skene will
be suspended and prosecuted to the utter ruine of him
and his family. Endorsed as letter. 3f pp. [C.O. 28,
13. Nos. 101, 101 i., .ii. ; and (without enclosures), 29,
13. pp. 19, 20.]
May 5. 334. Mr. Attorney General to the Council of Trade and
Plantations. Reply to queries of April 28. (i) Depends on the
authority the succeeding Governors had for making such new
grants or grants of confirmation, etc., and thereby reducing the
old-quit rents, which is not stated, but I am of opinion if the
succeeding Governors had a sufficient authority by their Com-
missions for making such reduction and such new grants by the
Act passed at New York March 2, 168, were not resumed, the
patentees are to pay no more than the reduced quit-rents. But
if the succeeding Governors had not by their Commissions
authority to make such reductions, which I am of opinion they
had not, if the power granted to them was only for making grants
of lands not in grant, or that should after escheat to the Crown,
especially if upon the making the new grant or grants of con-
firmation, the former grants were not surrendred, their old quit-
rents are and ought to be paid, and the grants of reduction will
be void, (ii) I am of opinion, if from the time of the reservation
of quit-rents, such as should after be established by the laws of
New York, no Act of Assembly hath been passed for establishing
what such quit-rents should be. nor any declaration of the
Government for ascertaining the same, and in ye other case where
the rents are reserved to be such as should be established by the
Duke of York, his heirs or successors, no such establishment hath
been made by him, his heirs, or successors, the rents of 2s. 6d.
for every 100 acres established by her present Majesty's Instruc-
tions, are the rents that are to be paid upon those grants ; and if
the reservations in the Patent are to be paid annually from the
dates of the grants, H.M. if she shall be so pleased, may insist
upon the arrears of rent, from the times of such grants. But
if the words of reservation are as loose as stated in the case, I am
of opinion the quit-rents will be only to be paid, from the time
they were established by such H.M. declarations, and I cannot
think it would be amiss if an Act of Assembly were past for
establishing this matter. Signed, Edw. Northey. [C.O. 5, 1123.
pp. 119, 120.]
May 7. 335. Council of Trade and Plantations to the Queen. Reply
Whitehall, to April 15. We have no objection to H.M. approval of Robt.
Johnson as Governor of Carolina, provided he qualify himself
as the Law requires, and give good security as usual in 2,000 sterl.
for observance of the Acts of Trade and Navigation and H.M.
Instructions touching the same. [C.O., 5, 1292. p. 379.]
AMERICA AND WEST INDIES.
177
1713.
May 8.
Whitehal.
May 8.
Whitehall.
May 11.
N. York.
336. Circular letter from the Council of Trade and Plantations
to the Governors of Plantations, enclosing Proclamation for
publishing the Peace, with directions as ordered May 4, q.v.
[0.0. 29, 13. pp. 5, 6 ; and 38, 7. p. 179 ; and 5, 727. p. 319 ;
and 5, 913. p. 382; and 5, 1123. pp. 112, 113; and 5, 1292.
p. 380 ; and 5, 1363. pp. 486, 487 ; and 5, 1335. No. 182 ; and
138, 13. p. 423 ; and 153, 12. p. 75 ; and 218, 1. p. 80.]
337. The Earl of Dartmouth to Governor Nicholson. I send
you enclosed two original letters from his Most Christian Majesty,
one directed to the Marquis de Vaudreuil Governor of New France,
the other to Monsr. Phelypeaux Governor of the French American
Islands. Upon sight of the former it is not doubted but the Isle
of Newfoundland will be delivered to you, the other you will
gett conveyed by the safest and most expeditious method you can
to Mr. Dowglass, H.M. Governor of the Leeward Islands, who in
that quality is Govr. of St. Christophers. I wish you a happy
voyage. Signed, Dartmouth. Enclosed,
337. i. The Earl of Dartmouth to Governor Dowglass. You
will find enclosed an original letter from his Most
Christian Majesty to Monsr. de Phelipeaux acquainting
him, that St. Christophers is yeilded to H.M. by the
Peace of Utrecht, and requiring him to conform himself
thereunto. There is no room to doubt but upon this
order, you will be left in the quiet possession of all
that Island for H.M. Signed, Dartmouth. [(7.0. 324,
32. pp. 215, 216.]
338. Governor Hunter to Mr. Popple. Tho' I have not had
the honor of a letter from their Lorps. of a long time, I have
heard from other hands with much pleasure that I am not out of
their thoughts, and when more important affaires are dispatcht
I can not doubt but that their just representations will have
their due weight and effect. I acquainted their Lorps. lately
by the Hector and Shoreham that I had dissolv'd the old and call'd
a new Assembly, and gave my reasons for so doing with the little
hopes I had from a new election. I am not dissappointed for all
the avow'd opposers of H.M. interests are chosen again, and
avowedly for that end. For men of the best sense and figure
have been rejected for the bare supposition that they would
be for supporting the Govt. This Assembly which is to meet
on the 12th instant will be of a short duration in all probability
for having nothing in expectation from them but affronts to
authority and disrespect to H.M., I shall conclude it necessary
to prevent the ill effects of their frenzy by a speedy dissolution.
After that you must expect to hear of a general alteration in the
commissions of peace and militia, that ill men may no longer
use H.M. authority against her. I use all means imaginable to
keep the Palatins together in hopes that they may be again['d]
imploy'd in the maner H.M. has given in Instructions to me but
many are gone of their own heads to setle at Scoharee and the
frontieres. Some few clergymen in Pensilvania have thought fitt
Wt. 5622. C.P. 12.
178 COLONIAL PAPERS.
1713.
to disturb the peace of the Jerseys as much as in them lyes, but
the clergy here are upon the point of meeting to do themselves
and me justice. Herewith you'll receive two printed papers
which will refresh your memory as to the true state of my strugle
with the Assembly here. I wrote once for an augmentation of the
forces here. I am bound by duty to acquaint their Lorps. that I
humbly conceive that the Government here is too weake, however
they may depend upon this, that I shall not part with any of H.M.
rights and prerogatives (or depart. from her interests) but with my
life. I have receiv'd from one Thomas, mr. of a merchant ship,
the carriages and stores that I wrote for ; but no letter or advice
from the Ordnance, etc. Signed, Ro. Hunter. Endorsed, Reed.
1st, Read loth July, 1713. 3pp. Enclosed,
338. i. An address " to the inhabitants and freeholders of
Westchester County." .States the points at issue over
the Revenue Bills and urges the election of supporters
of H.M. Government. No signature. Printed. 4 pp.
338. ii. Address of the Grand Jury of New York to Governor
Hunter. May 5, 1713. Commend his just adminis-
tration and condemn the calumnies of evil-minded
persons. Express thanks for H.M. defence of the
Province, etc. Printed. H pp.
338. iii. A pamphlet addressed " to all whom these presents
may concern." Recounts the action of the Assembly as
regards the Revenue, and advises the people of New
York to settle a Revenue speedily, " or it will be settled
to your hands.'' Printed by William Bradford, New
York, 1713. 9 pp. [C.O. 5,' 1050. Nos. 65, 65 i.-iii. ;
ami (without enclosures) 5, 1123. pp. 115-117.]
May 15. 339. Council of Trade and Plantations to the Earl of Dart-
Whitehal. mouth. Enclose following:
339. i. H.M. additional Instruction for Lt. Governor Pulleine.
Whereas several inconveniences have arisen to Our
Government in the Plantations, by gifts, and presents
made to Our Governors by the General Assemblys,
We have thought fit hereby to signify our express will
and pleasure ; that neither you Our Lt. Governor, nor
any Lt. Governor, Commander in Chief, or President of
Our Council of our Bermuda Islands, for the time being
do give your, or their consent to the passing any law,
or act for any gift or present to be made to you or them
by the Assembly ; and that neither you nor they do
receive any gift, or present from the Assembly, or
others, on any account, or in any manner whatsoever,
upon pain of Our highest displeasure, and of being
recalled from that Our Government ; except only that
in case there be no house, belonging to us fit to receive
you, We are pleased to permit the General Assembly
of Our said Islands, to assign, or provide such a house
or rent for the same, out of the publick levies, and to
allow you Our Lt. Governor, and the Lt. Governor for
AMERICA AND WEST INDIES. 179
1713.
the time being to accept thereof, untill a house be built
for that purpose provided that the assignment of a
house, or rent for the same as aforesaid, be made at the
first session of Assembly after such Lt. Govr's. arrival,
or after your receipt of this signification of Our Royal
pleasure in this behalf ; and that the said house or rent
for the same, be assign'd to you and our Lt. Governor
for the time being, for the whole time of your, or his
government. And whereas the salary of Our Lt.
Governor of those Islands, amounting to 400Z. sterl.
per annum may not be sufficient for his support, We
have been graciously pleased to give direction that 100?.
sterl. per annum more be added out of Our Exchequer,
to your present salary, and to the salary of the Lt.
Governor of Our said Islands for the time being. And
whereas by this encreas of salary out of Our Exchequer,
ye Assembly will have an opportunity, and be in a
condition of applying such sums as they gave in presents
to the Lt. Governors towards such publick uses as may
be most necessary for the defence and safety of the said
Islands, We do not doubt but that in consideration of
Our care in exempting Our good subjects from the giving
of presents, the said Assembly may be the more easily
induced to contribute in a more ample and effectual
manner to their own safety and preservation. And We
do further direct and require that this declaration of
Our Royal Will and Pleasure be communicated to the
Assembly at their first meeting after your receipt hereof,
and enter 'd in the Registers of Our Council, and Assem-
bly, that all persons whom it may concern may govern
themselves accordingly. [(7.0. 38, 7. pp. 180-183.]
May 1G. 340. T. Harley to the Council of Trade and Plantations.
Treasury H.M. Postmasters General having made a representation to my
Chambers. L orc [ Treasurer, concerning the loss which that branch of H.M.
Revenue in North America is like to suffer, by the currency of
paper bills throughout H.M. Dominions there, his Lordship
desires you will consider it, as well with respect to H.M. Revenues
in general, as to the mischeif which must attend the trade of her
subjects in those parts, when it is carry'd on by a specie that has
no fond to support the same, and to propose what you think fit
for H.M. to do therein. Signed, T. Harley. Endorsed, Reed.
18th May, Read June 1st, 1713. 1 p. Enclosed,
340. i. Postmasters General to the Lord High Treasurer.
General Post Office, May 9, 1713. Mr. Hamilton who has
the management of the posts throughout H.M. Dominions
on the Continent of North America represents a difficulty
to have happened to our Deputies in New England, by
reason of an Act of Assembly past there, which injoins
the currency of paper bills as specie throughout that
province, whereby should the postage due for letters be
insisted on to be paid in those bills, that branch of the
180
COLONIAL PAPERS.
1713.
Post Office would suffer considerably by the great dis-
count on the said bills, and as the nominal value of the
lowest species of such bills amounts to a crown, and the
postage of a single letter amounts but to a very small
part of that sum, there will be a necessity, if the postage
of letters be not actually paid in money, for our deputies
to keep accounts with the merchants or dealers there
to whom letters are directed, till the postage shall
amount to five shillings, or to exchange money for bills
on the delivery of each letter, which would be attended
with a great loss out of the produce of the letters of yt.
Province, etc. We humbly propose that a letter may by
H.M. commands be writ to the Governor and Councill
there recommending on this occasion to their particular
care and encouragement the posts of that Province, and
that as the Act of Parliament establishing ye rates of the
postage of letters through all H.M. Dominions expresses
the same to be paid in British mony, the postage of the
letters of New England may be paid therein as formerly,
and as now is practised throughout all H.M. other
Dominions on ye said Continent. Signed, Tho. Frank-
land, J. Evelyn. 2-| pp. [C.O. 5, 865. Nos. 87, 87 i. ;
and 5, 913. 'pp. 383-385.]
May 18.
Whitehall.
341 . Council of Trade and Plantations to the Queen. Reply
to May 4. We have no objection to H.M. approval of Charles
Eden as Governor of North Carolina, provided he qualify himself
as the law requires, and give good security for his observing
the Acts of Trade and Navigation, and of H.M. Instructions
touching the same. The security usually given by the Governors
of the Proprieties is in a bond of 2, GOO/, sterl., but in regard the
trade in that part is inconsiderable, we humbly offer that his
security be in a bond of 1,000/. \C.O. 5, 1292. *pp. 382, 383.]
May 18.
St. James's.
342. Order of Queen in Council. Charles Eden is approved
as Governor of North Carolina, upon giving a bond of 1,000/.
in security as proposed. No. 341. Signed, Edward Southwell.
Endorsed, ^ecd. 22nd May, Read 4th June, 1713. If pp. [C.O.
5, 1264. No. 135 ; and 5, 1292. p. 384.]
May 20.
Whitehall.
343. The Earl of Dartmouth to Governor Nicholson. The
Queen having been pleased to declare that she would shew some
marks of her favour to such of the subjects of France as had a
property in any lands or houses lying in the Plantations that are
yielded to her by the Treaty of Peace, in case his Most Xtian
Majty. could be prevailed upon to release those who were in the
gallies on account of religion and the Court of France having
declared their acceptation of this proposal ; you are to suffer
the French to enjoy their estates in all parts of your Governmt.
til H.M. pleasure be further known. [C.O. 324, 32. p. 218.]
AMERICA AND WEST INDIES.
1713.
May 20.
Barbados.
May If
Fort
Kykoverall,
Rio
Essequebe.
344. Governor Lowther to the Council of Trade and Planta-
tions. I have received a copy of your Lordshipes report upon my
proceeding against Mr. Skene : I shall not take upon me to
expostulate anything with your Lordshipes concerning it, or
touching the injury I conceive it hath done me ; being intirely
satisfy'd that it did not arise from any prejudice or ill-will your
Lordshipes have to me, but from the false account that was given
you both of me and my proceedings, for I understand your Lord-
ships have been informed, that I refused to let Mr. Skene have a
copy of his charge, that the evidence against him was taken
ex parte, that I suspended him because he would not pay me
400Z. per annum out of the Secretaries office, with several other
severe misrepresentations and false suggestions which I am
persuaded your Lordshipes will be undeceiv'd of, after you have
perused my answer to these aspersions : it is enter'cl in the Council
Books and will be sent you in a fortnight or three weeks at the
furthest, in the meantime I must intreat your Lordshipes not to
determine anything of me or my affairs till you have heared
what I have to offer in my justification. I have (in obedience to
the Queen's commandes) restored Mr. Skene to all his offices and
places. After I had sworn him into the office of Secretary to the
Council he desired that I would allow him to appoint a Deputy,
but I could not agree to it, because he executes the office of
clerk to the several Courts by a Deputy, and I am commanded
by my 34th Instruction not to suffer any person to execute above
one office or place by a Deputy, etc. Signed, Rob. Lowther.
Endorsed, Reed. Read Julv 20, 1713. Holograph. 1|- pp.
[C.O. 28, 14. No. 5 ; and 29," 13. pp. 65-67.]
345. P. Vanderheyden Rezen to the Directors of the Dutch
West India Company. Signed, P. Vanderheyden Rezen. En-
dorsed, Read Aug. 24 (N.S.) 1713. 9 closely written pp. Dutch.
Enclosed,
345. i.-vi. Accounts, inventories, bills of lading, etc. Dutch.
[C.O. 116, 21. Nos. 9, 9 i.-vi.]
May 21.
Admiralty
Office.
346. Mr. Burchett to Mr. Popple. A convoy of three men of
warr will be sent to Newfoundland to protect the trade and
convoy them home, by the beginning or middle of next month,
etc. Signed, J. Burchett. Endorsed, Reed. 21st May, Read 10th
June, 1713. Addressed, f p. [C.O. 194, 5. No. 22 ; and
195, 5. p. 310.]
May 22.
Annapolis
Royall.
347. Governor Vetch to the Earl of Dartmouth. 1 have
troubled your Lordship so often with the state of this garrison
without any return that I am ashamed to trouble your Lordship
any more, but shall waite Brigadier Nicholson's arrivall whom wee
have so much longed for, etc. I judged it my duty to accquaint
your Lordship of my having dismissed the Indian Company from
H.M. service, etc. Refers to enclosure. Signed, Sam. Vetch. f^>.
Enclosed,
182
COLONIAL PAPERS.
1713.
May 22.
Whitehall.
May 23.
Treasury
Chambers.
May 27.
Whitehall.
347. i. Governor Vetch's Order to Peter Mason, first lieutenant
of the Indian Company. Annapolis Royall, May 22,
1713. Whereas I have been informed by you of the
desertion of above one half of Col. Livingston's Indian
Company now under your command some days ago,
and that you are assured the remainder will verry soon
follow them, I have judged it for the good of H.M.
service both upon the repeated complaints of the
inhabitants (whose hoggs and sheep they frequently
kill in the woods) and the prospect of warrs being now
att ane end, to dismiss the said company intirely from
H.M. service ; and that they may neither suffer by so
long a journey as they must take by land nor destroy
the people's catle as the others have done that deserted :
have ordred a sloop with provisions to transeport them to
Boston, etc., where you are to apply yourself to Mr. John
Borland for 20s . per man to bear their expenses to New
London or Hartford, etc. Signed, Sam. Vetch. Copy.
I p. [C.O. 217, 31. Nos. 10, 10 i.]
348. Order of Committee of Privy Council for hearing
Appeals from the Plantations. Referring enclosed petition to the
Council of Trade and Plantations to report whether priviledge
has at any time been claimed by the members of the Assembly
of Jamaica and whether the same "have been allowed etc. Signed,
Edward Southwell. Endorsed, Reed. 26th, Read 27th May, 1713.
1 p. Enclosed,
348. i. Petition of Robert Saunders to the Queen. Prays
liberty to proceed against Gersham Elye, who took
possession of a plantation belonging to petitioner's
wife, and insisted on his privilege as a member of the
Assembly of Jamaica to protect him from a trial.
Petitioner's wife and child have died for want meantime.
1-1 pp. [C.O. 137, 9. Nos. 81, 81 i. ; ami 138, 13.
pp. 424-427.]
349. T. Harley to the Council of Trade and Plantations.
My Lord Treasurer foreseeing that great expences will arise to
this Kingdome by the large supplys of Ordnance and other stores
demanded for the service of H.M. Islands and Plantacons abroad
unless it be considered how to put the affaires of those Islands and
Plantations into such a method as that they may be enabled
by waies and meanes among themselves to support the whole
charge of their Governments, His Lordp. desires you will please
to turn this affair in your thoughts, and let his Lordp. have your
opinion thereupon as soon as conveniently you can. Signed,
T. Harley. Endorsed, Reed. May 25th, Read June 1st, 1713.
Addressed, f p. [C.O. 323, 7. No. 27 ; and 324, 10. p. 37.]
350. Earl of Dartmouth to the Council of Trade and Planta-
tions. Refers following for their report. Continues : In the
mean time, I am to acquaint you, that the places and countrys
AMERICA AND WEST INDIES. 183
1713.
therein named belonging, of right, to British subjects, H.M. did
not think fit to receive any Act of Cession from the French King,
and lias therefore insisted only upon an Order from that Court
for delivering possession to such persons as should be authorised
by H.M. to take it. By this means the title of the Company
is acknowledged, and they will come into the immediate enjoy-
ment of their property without further trouble. Signed, Dart-
mouth. Endorsed, Reed. 28th May, Read 1st June, 1713. 1 p.
Enclosed,
3o<). i. Petition of Hudson's Bay Company to the Queen.
Petitioners being inform 'd that the Act of Cession is
come over, whereby the French King obliges himself to
restore to your Majesty, ye Bay and Straits of Hudson,
together with all ye lands, seas, sea-coasts, rivers, and
places situate in ye sd. Bay and Straits ; as also all
forts and edifices whatsoever, entire, and not demolish'd ;
together with guns, shott, powder, and other war-like
provision (as mention'd in ye 10th Article of ye present
Treaty of Peace) within six months after ye ratification
thereof or sooner if possible it may be done, pray H.M.
to direct the said Act of Cession may be transmitted
to them, as also yr. Majesty's Commission to Capt.
James Knight, and Mr. Henry Kelsey gent, to authorize
them, or either of them to take possession of the premises
above mentioned, and to constitute Capt. James Knight
to be Govr. of the fortress call'd Port Nelson, and all
other forts and edifices, lands, seas, rivers and places
aft'oresaid ; and the better to enable petitioners to
recover the same, they humbly pray they may have a
small man of war, to depart with their ship by ye
12th day of June, etc. 1 p. [C.O. 134, 2. Nos. 35,
35 i. ; and 135, 3. pp. 121-123.]
May 27. 351. Order of a Committee of the House of Commons.
That the Secretary to the Lords Commissioners of Trade do lay
before the Committee an extract of the [? Minutes of the] Assembly
of Jamaica March 27, 1710 (relating to the high duties on prize
goods there). Endorsed, Reed. 27th, Read 28th May, 1713. 1 p.
[C.O. 137, 10. No. 1 ; and 138, 13. pp. 427, 428.]
May 28. 352. Council of Trade and Plantations to the Lords of the
Whitehal. Committee for hearing Appeals from the Plantations. Reply to
May 22nd. The members of the Assembly not only of Jamaica,
but of the other plantations also, do assume pretended rights
and privileges (for which we cannot find the least grounds) tending
to an independency on the Crown of Great Britain. Some of
them, particularly those of New York, pretend they have an
inherent right to dispose of the mony of the Freemen of that
province, and that such then* right does not proceed from any
commission, letters patents, or other grant from H.M., but from
the free choice and election of the people, notwithstanding they
had been acquainted they cou'd not be elected nor sit as an
184
COLONIAL PAPERS.
1713.
Assembly, but by virtue of a clause in H.M. Commission to the
Governor, impowering him to issue writs for their election.
Most of the Assemblies in the plantations claim all the privileges
the House of Commons here does, and some of them, others,
that the House of Commons never pretended to. Upon examina-
tion of some gentlemen of Jama., we find that Gersham Elye,
(v. May 22) insists on his priviledge as an Assemblyman, to avoid
coming to a tryal with the petitioner ; but we do not see any
reason for it ; nor do we find by our books, that the Governors
have any authority by their Commissions or Instructions to
allow any such priviledge. [C.O. 138, 13. pp. 428-430.]
[May 28.] 353. John Thurston to the Council of Trade and Plantations.
As agent for Governor Lord A. Hamilton, prays dispatch of
Jamaica business, laid before them by the Governor. Endorsed,
Reed. 28th May, Read 30th June, 1713. 1 p. [C.O. 137, 10.
No. 4 ; and 138, 13. pp. 432, 433.]
May 30. 354. Governor Nicholson to the Earl of Dartmouth.
Corke. Acknowledges letter of May 20, and sends receipts. Signed, Fr.
Nicholson. 1 p. [C.O. 5, 9. No. 116.]
June 2. 355. Lt. Governor Spots wood to the Council of Trade and
Virginia. Plantations. Since my last dispatch, Feb. llth, I have had
little to add to the trouble that gave you relateing to the affairs
of this Colony, and I doubt not your Lordps. will recieve with as
much satisfaction as it is to me to write the happier prospect of
affairs in the neighbouring Province of North Carolina ; the forces
sent thither this winter from South Carolina under the command
of Col. Moore have obtained a considerable advantage over the
Tuscaruros by the taking the only important fort they had, and it
and other rencounters killed and made prisoners upwards of 1,000
of that nation. This blow having extremely frighted them, it
was necessary to improve it, by engageing them in a Peace, since
the Government of Carolina is utterly unable to reduce them by
prosecuting the war, and by the information I have recieved
from the President of that country of their disposition to fall
into those measures I advised for establishing a peace I have
reason to hope it is now very near, if not altogether concluded, the
project whereof your Lordps. will find in the Council Journal of
16th April herewith sent. The making a peace with those Indians
was the more necessary in regard of some late discoverys that they
have been all along assisted in this war by the Senecas and others
of the Five Nations under the Government of New York : for
while the Carolina forces were besieging the Tuscaruro fort, a
considerable body of those Northern Indians came into the Tus-
caruro country, and would have perswaded the neutral towns to
joine with them in raising that siege ; and the same body of
Indians meeting with our traders as they were going with a cargo
of goods of the value of 1,000? . and upwards, to traffique with the
Western Indians, fell upon them and plundered them of all
they had, and at the same [time] did not disown their being
AMERICA AND WEST INDIES. 185
1713.
Mohacks and other Northern Indians, which the traders likewise
very well knew to be true, and was further confirmed by some of
our Tributary Indians who going out, upon the news of this
robbery mett and killed several of them. This brought the rest
down on our frontiers, and obliged me to command out all our
Rangers in search of them, but they were retired, ere our men could
come up with them, and so escaped with their booty. Your
Lordps. may observe in the Council Journal of the 10th of June
last, that the Council were then unanimously of opinion that the
Courts of Oyer and Terminer appointed by H.M. Instructions
ought constantly to be held, whether there was any criminal
likely to be tryed or not ; but now upon further consideration
they are as unanimous in the contrary opinion, that unless there
are criminals to be tryed, the holding that Court is unnecessary ;
they have likewise all joined to represent to me that the Judges of
the Court (whenever it is held) ought to consist only of the Council ;
this was occasioned by my joining the Speaker and two others of
the most eminent members of the House of Burgesses in com-
mission with them last December Court, when I expected a man
to be tryed for his life, and at a time that I could not reasonably
depend on any more than four of the Council to sit upon that tryal.
However here is no dispute between us, they being now come over
to my opinion as to the calling the Courts, and I acquiescing in
theirs, as to the appointment of the Judges, yet still I cannot
give up my judgment withall upon this last point, unless I find
your Lordps. concurr with these gentlemen in their sentiments
which are, that since the General Court has hitherto been the
only stated Court of Judicature in this Colony which hath had
cognizance of life and member, the Council who are constituted the
judges thereof look upon that same jurisdiction to be confined to
them, and cannot submitt to share it with other persons. That
some Governors might make a very dangerous use of this prece-
dent, and bring thereby men's lives and libertys under less security
than their estates : That the gentlemen of England are never
added to the Judges in Commissions of Oyer and Terminer but
in their circuits, and that then it is done because in those progresses,
there is but one Judge to sit on the Pleas of the Crown ; and lastly
that such affairs should proceed in the usual method, except where
unusual accidents shall require an extraordinary exertion of the
Royal power. This My Lords, is faithfully the sum of their argu-
ments, and if it shall be judged that there is no need of a Governor's
giving now and then an instance to undecieve the people here, and
manifest the prerogative of the Crown, and particularly in this
point to convince some that the General Court law passed here in
1705 has not established the Council to be the only Judges of life
and death, that H.M. may appoint ; but if after all your Lordps.
shall determine that the Members of the Council and no others
ought to be Commissioners of those Courts of Oyer and Terminer,
which H.M. orders me to constitute, I shall then most willingly
continue to appoint them solely according as I have already
promised them shall for the future be done, till I am otherwise
commanded. The Commissioners and other officers appointed
180 COLONIAL PAPERS.
1713.
for settling the boundary s between this Colony and North
Carolina finding a stop put to their proceedings by the proprietor's
failing to nominate Commissioners to joine with them have now
made application for an allowance for their past trouble. That
matter has been examined in Council, and their trouble and
expence being fully made appear, the Council have desired me to
represent their case to H.M. that an allowance of 250/. according
to the proportion mentioned in the Council Journal of 13th April
may be paid out of H.M. Revenue of quitt-rents, the service for
which they were imployed being intended for the increase of that
Revenue, and it's very true that had their endeavours taken effect,
or whenever it happens that the boundarys are settled H.M. will
gain such a large tract of land as will in a short time fully recom-
pence all the charge that shall be expended thereon. Upon which
consideration I beg leave to request your Lordships' favourable
representation of their case to H.M. There being no affairs
of consequence requiring an imediate meeting of the Assembly,
it is now prorogued to July 1st, and I intend a further prorogation
till the Fall, by which time I shall know whether the expected
peace with Carolina is likely to put a stop to the frequent murders
committed on our frontiers. But if it should prove otherwise I
shall then stand very much in need of your Lordps.' advice for
my conduct in so difficult a task, since in the present general
poverty of the country, there seems little expectation that an
Assembly will contribute any effectual succours towards the
frontiers, and as little hopes can be built on either the Revenues
of 2s. per hhd. or quitt-rents, the one being unable to discharge a
third part of this last half year's sallarys, and the other drawn
away into H.M. Exchequer as fast as it arises here. Tho the
country at present is very quiet, and the people generally easy and
satisfyed, yet I should be wanting in my duty to H.M., if I did
not represent that the tobacco trade is now brought to that low
ebb, that the planter who depends wholly upon it is not able to
cloath his family ; and I cannot forbear expressing my fear of
their soon falling into manufactures of their own, if this trade
be not speedily helped with some ease in the dutys laid thereon,
or else with some new regulation : in order to which nothing would
more encourage the planters than the reducing into practice a
project I have lately seen said to have been handed to the
merchants from the Custom house, whereby it is proposed that
all tobaccos be lodged in the Queen's warehouses, without
paying any duty till it be sold out, either for home consumption
or exportation. The merchants indeed exclaim against this as
ruinous to the trade, but the most judicious persons concerned
in sniping tobacco from hence seem to like of it very well as the
only means to put a stop to that unhappy necessity some
merchants are reduced to of selling the freighter's tobacco at
an under rate for discharging their debts at the Custom house,
in which case, tho the merchant takes care to secure his freight
and commission, the owners are often brought in debt over and
above the loss of their principal adventure. Encloses Journals
of Assembly and laws passed last Session, etc. P.S. June 10th.
AMERICA AND WEST INDIES.
187
1713.
June 4.
Whitehall.
June 4.
Treaury
Chambers.
The man of war by which this is intended being delayed here
longer than I expected has given me the opportunity of a meeting
of the Council at a Court of Oyer and Terminer held yesterday
for the tryal of a criminal, the proceedings of the Council being
chiefly the prorogation of the Assembly to Nov. 5th, and the pass-
ing the accompt of the Revenue of 2s. per hhd. Encloses copies.
Signed, A. Spotswood. Endorsed, Reed. 7th Aug., 1713, Read
3rd May, 1716. 4 pp. Enclosed,
355. i. Accompt of the Revenue of 26'. per hhd., 23rd Oct.,
1712-25th April, 1713. Totals: Receipts, 1,094?. 8s. 4c?.,
Expenditure, 1,964?. 9*. Gd. Same endorsement. I p.
ii. Copy of Proclamation proroguing the General Assembly
of Virginia to July 1st. April 16, 1713. f p.
iii. Copy of Proclamation proroguing the Assembly to
Nov. 5th. June 10, 1713. f p.
iv. Proclamation for apprehending Richard Oadham, of
Nansemond, labourer, suspected for the murder of Robert
Treween. June 11, 1713. Endorsed as letter. 1% pp.
[C.O. 5, 1317. Nos. 18, 18i.-iv. ; and (without enclosures)
5, 1364. pp. 262-272.]
356. Mr. Popple to the Secretaries of the Treasury. Encloses
draft of bond in 1,000?. for Governor Eden (v. May 18) for the
Lord High Treasurer's directions therein. [C.O. 5, 1292. p.
385.]
June 9.
Admiralty
Office.
357. T. Haiiey to the Council of Trade and Plantations.
Encloses following for their report. Signed, T. Haiiey. En-
dorsed, Reed. 5th, Read 8th June, 1713. f p. Enclosed,
357. i. Petition of disbanded officers and soldiers to the Queen.
Pray for a grant of land now uninhabited between New-
England and Nova Scotia, etc. Signed, Ja. Goodwin,
Surgeon, Rudson Cobleigh, Capt. and 28 other officers and
soldiers. 2 pp.
357. ii. Proposal of disbanded officers and soldiers. Describe
advantages of the scheme and details, as July 10. The
tract of land is above ] 00 miles in breadth and more in
length, bounded N.E. by the bounds of Nova Scotia,
being at the River of St. Croix, S.W. by the bounds of
New England, at or near the River Sagadehok, N.W. by
the great River Canada, S.E. by the Atlantick or
Western Ocean in the latitude of 44 to 46, about 100
miles from Anapolis Royal and 150 from Boston.
Propose appointment of a Governor, etc. Signed,
Rudson Cobleygh, John Evance, John Home, William
Bo wen, Wm. Armstrong, Capts. and 15 others. Copy.
31 pp. [C.O. 5, 865. Nos. 88, 88 i., ii. ; and 5, 913.
pp. 386393.]
358. Mr. Burchett to Mr. Popple. Requests Heads of Enquiry
for the Commodore of the Newfoundland convoy may be " hast-
hither, the convoy being under sailing orders." Signed, J.
188
COLONIAL PAPERS.
1713.
Juno 10.
Whitehall.
June 10.
Whitehall.
June 10.
Whitehall.
June 11.
New York.
Burchett. Endorsed, Reed. 9th, Read 10th June, 1713.
Addressed. I p. \C.O. 194, 5. No. 23 : and 195, 5. pp. 310,
311.]
359. Council of Trade and Plantations to General Nicholson.
Enclose H.M. Proclamation of Peace to be published upon arrival
in Newfoundland, etc. [C.O. 195, 5. p. 309.]
360. Council of Trade and Plantations to Lt. Governor Moody.
Enclosing Proclamation of Peace as preceding. [C.O. 195, 5.
p. 309.]
361. Mr. Popple to Mr. Burchett. Encloses Heads of
Enquiry etc. for the Commodore of the Newfoundland Convoy.
The same as March 12, 1711. \C.O. 195, 5. pp. 311, 312.]
362. Governor Hunter to the Council of Trade and Planta-
tions. Refers to enclosures. By ye first two yr. Lordps. will be
con vine 'd that wee can entertaine noe hopes of support for H.M.
Government here, and by the other three, that endeavours
are used to wrest her undoubted right from her. The Assembly
are sitting but as yet have done nothing but sent me up a few
resolves of their own of ye old stamp, soe that in all probability
this will prove a short session. It is my duty to represent these
matters, what creditt my representations may have is call'd in
question here, but I have had noe reason to beleive that they
have not had their due weight with yr. Lordps., whatever may
betide me, I shall behave myself e like an honest man, a faithfull
subject, and yr. Lordps.' most humble and most obedient servant.
P.S. I beleive yr. Lordps. will think it necessary to consult ye
Attorney General! as to ye questions stated with relation to ye
quitt-rents, as also as to the escheats and whale fishing. Signed,
Ro. Hunter. Endorsed, Reed. 20th, Read 28th July, 1713. 2 pp.
Enclosed,
362. i. Governor Hunter's Speech to the General Assembly of
New York, May 27, 1713. You are called to settle a
revenue, not a government. (1) You cannot lodge the
money destined for the support of the Government in
the hands of any other than the officers appointed by
H.M., or (2) divert the course of publick payments into
any other channel than that prescribed by H.M. Letters
Patents and Instructions, which is a warrant under the
hand of the Governour, by and with the advice and
consent of H.M. Council. 1 renew the ample security
which I offer'd to the last Assembly against all mis-
applications. (3) H.M. being the sole and undoubted
judge of the services and rewards of her servants in the
Government, it will be as vain as it will be disrespectful,
for you (by making yourselves the judges) to endeavour
to take that right from Her. Are you resolved to
submit to such rules of Government as are prescribed in
H.M. Letters Patents and Instructions ? Recommends
AMERICA AND WEST INDIES. 189
1713.
frequent conferences with the Council, " which will
prevent the necessity of amendments, and consequently
of all disputes relating to the right of making them,"
etc., etc. Signed, Ro. Hunter. Printed by William
Bradford. Same endorsement. 2 pp.
362. ii. Copy of proceedings of the Supreme Court at New
York, June Sept., 1712. Richard Floyd is prosecuted
for defrauding H.M. of her rights in a royal fish (whale)
April, 26th. Demurrer entered by prosecutor, (b)
Opinion of the Attorney General on preceding. The
pleading is informal on both sides (details) ; however,
the plea of the defendant being ill, I am of opinion judg-
ment ought to be given for the Queen. Signed, Edw.
Northey. July 30th, 1713. Same endorsement, l^pp.
362. iii. (a) Copy of proceedings of the Supreme Court at New
York, Oct. 1712 ; relating to an escheat of lands of
Joseph Baker, late of New York, now standing on a
demurrer.
362. iii. (b) Opinion of the Attorney General on preceding.
It depends on Baker's will, if he hath sufficiently
described the devisees, etc. Signed and endorsed as
preceding. 13 pp.
362. iv. (a) The case of H.M. quit-rents for land in New York,
with three queries as to future procedure.
362. iv. (b) The Attorney General's replies to preceding.
Signed and endorsed as preceding. 4^ pp. [C.O. 5,
1050. Nos. 67, 67 i.-iv. ; and (without enclosures) 5, 1123.
pp. 124, 125.]
June 11. 363. Governor Hunter to the Earl of Dartmouth. Encloses
New York, following etc. Signed, Ro. Hunter. 1 p. Enclosed,
363. i. Governor Hunter's speech to the Assemblv of New
York, Sept. 17, 1712. Printed. 2pp.
363. ii. Duplicate of No. 338 ii.
363. iii. Duplicate of No. 362 i.
363. iv. Duplicate of No. 338 iii.
363. v. Copy of No. 362. [C.O. 5, 1091. Nos. 85, 85 i.-v.]
[June 12.] 364. Petition of disbanded officers and soldiers to the Council
of Trade and Plantations. Petitioners are apprehensive that
the unfortunate delays which their petition met with between
April 23 and June 1st, will be of fatal consequence to them, if
their petition should meet with any other delay, etc. Endorsed,
Reed. Read June 12, 1713. 1 p. [C.O. 5, 865. No. 89 ; and
5, 913. pp. 393, 394.]
June 15. 365. Certificate from the Remembrance Office that Governor
Eden has given the security required (v. May 18). Signed,
Math. Lancaster. Endorsed, Reed. 16th, Read 18th June, 1713.
I p. [C.O. 5, 1264. No. 136.]
190
COLONIAL PAPERS.
1713.
June 17
Whitehall.
366. Council of Trade and Plantations to the Lord High
Treasurer. Reply to June 4. We find the whole country between
the River Sagadahoc and Nova Scotia (and even Nova Scotia
itself) has already by His late Majesty King William's Royal
Charter of Oct. 7, 1691, to the inhabitants of the Province of the
Massachusets Bay, been granted to them, with power to make
and pass grants of particular tracts of lands within that Province,
but with a reservation nevertheless that no grants of any lands
between the River Sagadahoc and the Gulph of St. Lawrence (in
which the lands petitioned for are included) should be of any force
until H.M., his heirs, or successors, shall have signifyed their
approbation of the same. And we submit it to your Lordship
whether H.M., can gratify the petitioners, untill a grant of the
lands they desire be first obtained from the Corporation of the
Massachusets Bay, which we doubt not they will readily agree to,
their Agent Mr. Dummer having communicated to us, a letter
from them, signifying their willingness to admit any colony or
number of people to settle on those lands. Upon this occasion
we must observe to your Lordship that formerly there was a good
fort at Pemaquid lying between Sagadahoc and Nova Scotia,
that the French took the said fort in 1696, from the Government
of the Massachusets Bay and seized all the lands between Nova
Scotia and the River Kennebeck, upon which they made a
settlement, and have ever since till this Peace kept possession
thereof ; and we do not find by the sd. Massachusets Agent,
that ever that Government has attempted to regain or settle
that country. The said Agent produced a letter from the
Dutchess of Hamilton and Brondon to him, whereby she laid claim
to. 10,000 acres of land in those parts, in behalf of those claiming
under the grant to the Marquis of Hamilton ; but he said lie
beleived, those lands were never planted or settled by the grantees.
We are humbly of opinion the settling the petitioners on the lands
they desire, it will not only be a comfortable provision for the
said disbanded officers and soldiers, and prevent their being
in necessity for want of bussiness and employment ; but it will
also be a great security to New England by having their frontiers
strenthned by such a number of people. The lands they pray
for are in a very good climate, the soile is fertile and has plenty
of trees for Naval Stores with man} 7 navigable rivers and good
harbours, as also a very good fishery on that coast, from all which,
it may be reasonably presumed that in a little time such a settle-
ment may turn to the advantage of this Kingdom, in furnishing
of Naval Stores and otherwise. [C.O. 5, 913. pp. 395-398.]
June 17.
Treary.
Chambers.
367. T. Harley to Mr. Popple. My Lord Treasurer desires
to know what care is taken about preserving the chappell furniture
in the severall Governments where any is allow'd by H.M.,
particularly as to that for Bermudas to which place a new
Governour is appointed. Signed, T. Harley. Endorsed, Reed.
19th, Read 22nd June, 1713. f p. [C.O. 323, 7. No. 28 ; and
324, 10. p. 38.]
AMERICA AND WEST INDIES.
191
1713.
June 18.
Whitehall.
368. Council of Trade and Plantations to the Earl of Dart-
mouth. We have received a certificate from H.M. Remembrance
Office that Governor Eden has given security for 1,OOOZ. (v.
May 18). We transmit draught of Instructions, for H.M.
signature, to the Lords Proprietors of Carolina, relating to
the Acts of Trade, etc. Mem. The Instructions are the same as
those for Mr. Hyde, except the additional clause and the two
clauses of an Act, which having relation only to the time of the
late war were left out. \C.O. 5, 1203. pp. 386, 387.]
June [23]. 369. Jeronimy Clifford to Mr. Popple. Encloses following.
Fleet prison. Continues : I am in danger of losing my land in Jamaica, which
is worth at least 20s. per acre, by the stratagems of my adversarys
who has for these many yeares prevented me removing my goods
and slaves from Surinam to Jamaica for cultivating the same, etc.
Signed, Jer. Clifford. Endorsed, Reed. 23rd, Read 25th June,
1713. 1 p. Enclosed,
369. i. Petition of Jeronimy Clifford to the Council of Trade
and Plantations. Petitioner purchased in 1685 and 1695
480 acres in Jamaica of Oliver Hampson and 1,000 of
Jacob Brand. By the illegal proceedings of the Governor
and Society of Surinam he has been prevented from
cultivating these lands. Some few dayes past he hath
been informed by one of the principall sugar planters of
Jamaica, that said lands was about two yeares agoe
escheated by some planters there, and that the Govern-
ment of Jamaica had issued out a proclamation pursuant
to the Act by which, when an owner of unsettled lands
is absent some years, it is free for any of H.M. subjects
there to escheat them in the Queen's name for their own
use, and if the owner doth not appear and make good his
title within three years after such an escheat and
proclamation is made thereupon in Jamaica, then the
said lands shall be invested in the escheater. The three
years time may not yet be elapsed, and petitioner prays
that the enclosed titles may be forwarded to the
Governor of Jamaica, etc. Signed, Jer. Clifford. If
pp.
369. ii. iii. Copies of title-deeds of the lands in Jamaica
purchased by Jeronimy Clifford from Oliver Hampson
and Jacob Brandt. 7 pp. [C.O. 137, 10. Nos. 2,
2 i.-iii.]
June 23. 370. H.M. Warrant to Col. Nicholson, Governor of Nova
Kensington. Scotia or Arcadia and Commander in chief of the forces of the said
Province and in Newfoundland in America. The French inhabit-
ants are to continue to enjoy their lands and tenements, or to sell
the same if they shall rather chuse to remove elsewhere, etc.
as May 30 q.v. Countersigned, Dartmouth. [C.O. 195, 43. No.
10 ; and (duplicate] 217, 1. No. 19 ; and 218, 1. pp. 103, 104 ;
and 324, 32. pp. 219, 220.]
192 COLONIAL PAPERS.
1713.
June 23. 371 . Council of Trade and Plantations to the Lord High
Whitehall. Treasurer. Reply to June 17. This Board has never been
consulted in the furnishing the said chappell, and we suppose that
the proper officers who issue the said furniture, have taken care
that the same be preserved. [C.O. 324, 10. p. 38.]
June 24. 372. Petty expences of the Board of Trade, stationer's account
and postage, Christmas, 1712 Midsummer, 1713. Endorsed,
July 20, 1713. 11 pp. [C.O. 388, 76. Nos. 147-151, 153-155.]
June 24. 373. Order of Queen in Council. Upon considering enclosed,
Kensington, it is referred to the Council of Trade and Plantations to report the
properest method of setling St. Christophers in respect to the
benefit of the trade of that Island and the inhabitants. Signed,
John Povey. Endorsed, Reed. Read July 9th, 1713. f p.
Enclosed,
373. i. Address of the Council and Assembly of St. Christophers
to the Queen. We humbly acknowledge your Majesty's
care of us during the warr, and look forward to seeing the
Colony nourish again in time of peace, etc. This is still
the more secure to us by your Majesty's great care and
wisdom in procuring the French part of this Island to
remain in your Majesty's hand, which in a few years will
render the same formidable, so [so] to defend itself
against the attempts of an enemy, etc. Pray for
preference for the poor inhabitants as April 16 q.v. Com-
mend Lt. Governor Michael Lambert, whose conduct has
often baulked the enemy in their designes against this
(so much exposed) Colony, and has used the utmost
care to make the same as defensible as the poor unhappy
circumstances of the same will as yet admit off. His
courage, loyalty, and length of service render him fitly
qualified, etc. Signed, Jno. Greatheed, Speaker, Rowld.
Davis, Joseph Crisp, senr., Thos. Dowson, Jonas Akers,
Jno. King, Benj. Markham, Wm. Singleton, Rich.
Haukihaws, Geo. Milward, John Felden, Jno. Davis,
E. Janton, Fran. Phipps, Jno. Bourryau, Jos. Estridge,
John Willet, Geo. Liddell. 2 pp.
373. ii. Petition of Stephen Duport to the Queen. To same
effect as that of April 16. 1 p. [C.O. 152, 9. Nos.
160, 160 i., ii. ; and, 153, 12. pp. 76-82.]
June 24. 374. Order of Queen in Council. Robert Cunningham is to
Kensington, be set at liberty, and depositions taken in St. Christophers and
transmitted to the Council, v. A.P.C. II. No. 1173. Endorsed,
Reed. June, 1713. Primer'd, 16th Jan. 17||. 2J pp. [C.O.
152, 11. No. 43 ; and 153, 12. pp. 486-488.]
June 25. 375. The Earl of Dartmouth to merchants and planters
Whitehall, residing in Virginia. I send you enclosed a copy of a letter I have
reed, from the Lords Commissioners of the Admiralty, by which
you will see, that for protecting your trade from pirates a frigat
AMERICA AND WEST INDIES.
193
1713.
June 25.
Whitolial.
June 26.
Fleet.
June 20.
Whitehall.
June 30.
Virginia.
of 20 guns is directed to remain on your coasts under the Govr.'s
orders. Signed, Dartmouth. [C.O. 324, 32. p. 220.]
376. Mr. Popple to Jeronimy Clifford. The Council of Trade
and Plantations desire to know the title of the Act and the name of
the planter from Jamaica you mention in your petition, etc. (v.
June 23). [C.O. 138, 13. *p. 431.]
377. Jeronimy Clifford to Mr. Popple. I cannot find the
Act in the Jamaica Laws printed 1704. The planter's name is
Joseph Hodges. He is very well known at the Jamaica Coffee-
house by the Roy all Exchange, where he may be spoken with
almost every day untill September next, etc. Signed, Jer. Clifford.
Endorsed, fiecd* 21th, Read 29th June, 1713. Addressed Sealed.
2pp. [C.O. 137,. 10. No. 3.]
378. Council of Trade and Plantations to the Lord High
Treasurer. Reply to May 16. We have discours'd the Agent of
the Posts on the Continent of America, as also the Agent for the
Massachusets Bay, and are inform'd that in November last, an
Act was past there for making paper bills current as specie through-
out that Province. But no such Act has been yet transmitted
to us as usual and ought to have been ; the said Agents inform us
that no fund is provided for the payment or discharge of the
said bills, which must needs be a great disadvantage to trade,
and a particular loss to the Revenue arising by the postage of
letters ; wherefore we humbly offer that H.M. pleasure be signified
to Governor Dudley, immediatly to transmit hither the said Act for
H.M. pleasure thereupon, and that he be directed for the future
not to give his assent to any Act for making bills of credit current,
unless the said Act do at the same time establish a sufficient
fund for the payment and discharge of such bills. [C.O. 5, 913.
pp. 399, 400.]
379. Mr. Lowndes to the Council of Trade and Plantations.
Encloses following. " My Lord High Treasurer desires you
to reconsider the whole affair upon the foot of this proposal."
Signed, Wm. Lowndes. Endorsed, Reed. 30th June, Read
July 2nd, 1713. Addressed, f p. Enclosed,
379. i. Further details of the proposal of disbanded officers
and soldiers for their settlement between the rivers
St. Croix and Sagadahock. Signed, John Norborne,
Nicholas Currer, Thomas Coram, John Evance, Wm.
Armstrong, Wm. Boteen, rectius Bowen, v. No. 385,
John Lewis, on behalf of petitioners. Copy. 2 pp.
[C.O. 5, 865. Nos. 90, 90 i. ; and 5, 913. pp. 401-404.]
380. Lt. Governor Spotswood to \? the Earl of Dartmouth}.
Upon further examination into the case of Jane Ham, condemned
here last Genii. Court for concealing the death of her bastard child,
I find she has a more reasonable excuse to plead for her ignorance
of that law, which makes the concealment penal, than I at first
Wt. 5022. C.P. 13.
194
COLONIAL PAPERS.
1713.
June 30.
Virginia.
[July 2.]
July 3.
The Fleet,
July 8.
Whitehall.
imagined, for notwithstanding that Act is by an express clause
therein appointed to be read yearly in all churches, I find it
never was published in any church in that county wherein she
lived, etc. I hope H.M. will signify her pleasure to me for granting
her pardon here, under the seal of the Colony ; since this woman
(being only a poor servant) has neither friends to sollicit, nor
money to pay the fees for obtaining one in England. Signed,
A. Spotswood. 1 p. [C.O. 5, 1337. No. 23.]
381 . Lt. Governor Spotswood to the Council of Trade and
Plantations. Prays to be allowed to exchange some land with
Col. Ludwell, etc. (v. Nov. 25 infra). Signed, A. Spotswood.
Endorsed, Reed. 7th Aug., Read 8th Jan. 1713 (14). 3pp. [C.O.
5, 1316. No. 102 ; and 5, 1364. pp. 16-19.]
382. Copy of proceedings in Bermuda against Edward Jones,
who was fined 201. and condemned to six months imprisonment
and debarred from making oath, 1701-2, for perjury, against
which he has appealed to H.M. in Council. Endorsed, Reed.
Read July 2, 1713. W pp. [C.O. 37, 9. No. 26.]
383. Jeronimy Clifford to Mr. Popple. Begs him to enclose
copies of deeds of his lands in the letter which Mr. Joseph Hodges
informs him the Board is going to write to the Governor for
securing his rights, etc. Signed, Jer. Clifford. Endorsed, Reed.
Read April 14, 1714. Addressed. 1 p. [C.O. 137, 10. No. 47.]
384. Council of Trade and Plantations to Governor Dudley.
Acknowledge letters of April 8, Oct. 29, Dec. 2 and 9, 1712, and Mr.
Addington's letters of Dec. 21, 1711 and Dec. 19, 1712. Continue:
We think ourselves oblig'd to take notice of the several Acts about
bills of credit past both in the province of the Massachusets Bay
and in New Hampshire, particularly that to prevent the oppression
of debtors, pass'd May 28, 1712, whereby creditors are enforced
to take those bills in payment. We desire an account of the
state of that matter, what number of those bills are extant, and
what funds to answer them. If there are not funds to answer
them, the issuing them is an injustice, and if there are sufficient
funds the credit of them must needs be diminish'd by their being
enforc'd, and the Acts past for the preventing their being forg'd
and punishing that offence, shows us that you experience another
great inconvenience by those bills. As to what you mention of
the difficulty of getting the prisoners out of the hands of the
French, we can only say that the detaining any is contrary to the
Articles of Peace which if upon any application to us, we find
broken, we will use our best endeavours to obtain justice. We are
entirely of your mind, that the best way to deal with the Indians
is to endeavor to restore them to the English friendship, if you can
bring them to live in quiet, and approve of your design, to attempt
the bringing them to so good a disposition. In answer to yours
of Dec. 9th, we think the salaries to the two Secretaries very
small, but must leave it to your interest, in the two Colonies to
AMERICA AND WEST INDIES.
195
1713.
persuade them to give reasonable allowance. Conclude with
circular letter given July 15. [(7.0. 5, 913. pp. 442-444.]
[July 10.] 385. Disbanded officers and soldiers to the Council of Trade
and Plantations. We have considered the matter thoroughly
and are willing to make the settlement if H.M. will give us arms,
ammunition, utensills necessary, with transportation for ourselves
500 men and family s and full pay for one year to be now advanc'd
for our settlemt. and support there, there being no cultivating
untill the ground is clear 'd and gott in readiness. A second year's
full pay to be advanc'd at the beginning of ye year, which shall
be repaid at the end of seven years, in naval stores or other effects.
Signed, Thomas Coram, William Bo wen, James Goodwin, John
Evance, Nicholas Currer, Henry Powell, John Lewis, Will.
Armstrong. Endorsed, Reed. Read July 10, 1713. I p. Enclosed,
385. i. Estimate of pay 90397. 16*. 8d., and cost of transporta-
tion 5,7407., referred to in preceding. 1 p. [C.O. 5,
866. Nos. 2, 2 i. ; and 5, 913. pp. 444-446.]
July 11.
Whitehall.
July 11.
Whitehall.
July 11.
Jamaica.
386. The Earl of Dartmouth to Col. Moody. General
Nicholson being ordered to sail directly to the Continent of
America, it is H.M. pleasure that you proceed forthwith to New-
foundland with the forces, arms, clothing and other necessarys
for the garrison of Placentia, which you will find at Kingsale.
You are to take possession of the places in that Island which are
to be yielded to H.M. pursuant to the late Treaty of Peace and
the most Christian King's Order which Mr. Nicholson will likewise
leave with the Governor or Commander in Chief at Kingsale
to be delivered to you ; and you are to permitt the French subjects
in those places who are willing to continue there and become
subjects to H.M. to retain there immoveable effects, or else to sell
them if they chuse to remove elsewhere, according to H.M.
Order in that behalf of which I enclose a copy. Signed, Dart-
mouth. [C.O. 324, 32. pp. 221, 222.]
387. The Earl of Dartmouth to Governor Nicholson. Upon
the receipt of this Order you are forthwith to proceed with the
stores to Annapolis in H.M.S. Adventure without stopping at
Newfoundland least by such delay the benefit of the season which
is already far advanced may be intirely lost, you are to leave the
order from the Court of France to the Governor of Placentia for
delivering that place to H.M. in the custody of the Commander
in Chief at Kingsale to be putt by him into the hands of Collonel
Moodv when he shall arrive in that harbour. [C.O. 324, 32. p.
222.]
388. Governor Lord A. Hamilton to the Council of Trade and
Plantations. I acquainted your Lordships, March 31st, of
Capt. Jacksons having seized a Spanish vessell on the coast of
Porto Velo and taken a sum of money out of the said vessell since
the commencement of the cessation of arms in these parts, and
lie has notwithstanding my representation of this matter to Sir
190
COLONIAL PAPERS.
1713.
July 13.
Whitehall.
July 13.
Whitehall.
Hovenden Walker carry 'd the money with him for Great Britain.
This has occasion'd a great clamour by the parties injured and
repeated demands for reparation has been made to me by the
Governor of Cartagena with the authentick attestations of that
whole affair which comes herewith inclosed. There remains
nothing further in my power but to acquitt myself, as I now do,
of my promiss to the Governor of Cartagena to represent as fully
as I can this affair to the Ministry in order to the obtaining full
satisfaction. I am pers waded it will be needless to inforce this
matter any further to your Lordships, the reputation of the service,
and the trade of this Island to the Spanish coast being in some
measure effected by it. Having granted a reprive for the space of
12 months to John Freyday under sentence of death. I send
inclosed his petition etc. in order to its being laid before H.M. for
Her most gracious pardon, which is humbly recommended to
your Lordships. This Island is at present healthy and all quiet
and easie ; we have had already the happyness of seeing H.M.
most gracious speech and have the news of the Peace being pro-
claim'd, and am dayly in expectations of receiving H.M. comands
for publishing the same here. P.S. The President of Panama
has pray'd me to forward the inclosed. Signed. A. Hamilton.
Endorsed, Reed. 23rd Sept. 1713, Read 19th Jan. 17f|. 2% pp.
Enclosed,
388. i. The Governor of Cartagena's demand for reparation for
money taken out of a Spanish vessel by Capt. Jackson
after the suspension of arms, with depositions, etc.
Endorsed, Reed. 23rd Sept. 1713. Spanish. 37| pp.
388. ii. Petition of John Fryday to Governor Lord A. Hamilton.
Petitioner lies under sentence of high treason for having
clipt and light'ned Spanish mony made current in this
Island by the laws thereof. Petitioner acted in ignor-
ance that it was a crime to lighten foreign money, as
is shown by the evidence that he acted publickly.
Prays for a reprieve, etc. Signed., J. Fryday. 1 p.
388. iii. Reference of preceding to the Judges of the Supreme
Court by Lord A. Hamilton* with their recommendation
for mercy on the grounds advanced by the petitioner.
Signed, Peter Heywood, Richd. Stoddart, James
Rubee (?). June 13, 1713. Endorsed, Reed. 23rd
Sept. 1713, Read 19th Jan. 17f . f P- [C.O. 137, 10.
Nos. 33, 33 i.-iii. ; and (without enclosures) 138, 14.
pp. 51-53.]
389. The Earl of Dartmouth to Governor Nicholson. In
pursuance of July 11. In case any of the cloaths etc. belonging
to the garrison of Placentia should be under your care, you are
to leave them with the Governor of Kingsale to be delivered by
him to Col. Moody etc. [C.O. 324, 32. p. 223.]
390. Council of Trade and Plantations to the Lord High
Treasurer. Reply to June 30. We have consider'd the new proposal
of the disbanded officers and soldiers for making a settlement in
AMERICA AND WEST INDIES. 197
1713.
North America, and have severall times discours'd with them
thereupon, in order to their bringing the charge of that settlement
as low as possible. Whereupon they have delivered to us a
memorial (v. July 10). They say they cannot pretend to go on
lower terms, and therefore we leave it to your Lordship's con-
sideration whether H.M. should be at so great an expence. If
H.M. shall think fit to advance any money, besides what is
necessary for their transportation, then we take leave to offer,
that in our opinion, Nova Scotia is a fitter place, to make their
settlement in, than the lands they desire, which will require a
great deal of time and cost, to clear the woods to build houses,
and make settlements ; whereas Nova Scotia having been for
many years inhabited by the French, these people will find
settlements ready made there. [C.O. 5, 913. pp. 447, 448.]
July 13. 391. Win. Popple to Isaac Addington. Refers to preceding
Whitehall, acknowledgment of letters. [C.O. 5, 913. p. 449.]
July 14. 392. Mr. Attorney General to the Council of Trade and
Plantations. I have considered of an Act passed at St. Christo-
phers (v. 19th Nov. 1712) for settling the estates and titles of the
inhabitants, etc., which Act first provides that no title of H.M.
shall be reviv'd or putt in suit on account of the reconquest
of yt. Island but that every proprietor of land should be rein-
vested in such estate therein as he or his ancestors or as they whose
estate he hath legally had at ye time of ye sd. Island's being
surrendred to ye French in 1C89, against wch. I have no objec-
tion. The next clause quiets the possessors of lands there who
have had quiet possession thereof wtout legal interruption for
5 years before ye beginning of the warr in 1689 and from the
reconquest thereof to the making of that Act, without any legal
hindrance thereto in a Court of Record unless sued for within
3 years after ye Act, which provision is proper if persons under
disability as Infts. Feme Coverts persons non compos or imprison'd
and their heirs, had been allowed three years to claim after those
disabilitys removed which is omitted. The next clause takes
notice that sevll. subjects of the French King did at ye conquest
of ye sd. Island in 1666 pretend to buy of the English sevll.
plantations, and gave small considerations therefore, wch. by the
Treaty of Breda was ascertain'd and confirm'd and such French
purchasers unless ye old English proprietors did (within a time
thereby limited) repay ye price ^>i ye first purchase and all
melioration thereon, which many failing to doe, the French
remain'd possess'd thereof till they sold again to ye English or
otherwise forfeited ye same, and enacts, that all conveyances and
assignmts. of lands made by any such French subject who was
in possion thereof after ye time limited in ye sd. Articles should be
good and valid in law. and likewise makes good all grants of lands
forfeited before 1689 by such French subjects, and given under
ye great seal of yt. Isld., and be good agst. any right or claim
prior to such French subjects possessn., against wch. clause
likewise I have no objection. The next clause takes notice that
198 COLONIAL PAPERS.
1713.
many of the French subjects (who continued to hold their lands
in the English Quarters by virtue of those Articles, till ye breaking
out of ye sd. late warr) did then renounce the protection of ye
English and remain 'd wth. the French, and after the reconquest
of ye sd. Tsld. by ye English abdicated their possessn. and went off
with other French subjects, and likewise that many Irish subjects
of ye English Crown did then goe into open rebellion assisting
the French to subdue the English part of ye sd. Isld. and remain'd
wth. them in profess'd hostility, for wch. there was reason that
they should be attainted and their estates confiscated to ye use of
ye Crown but for want of civil administration of the Governmt.
of the sd. Island for many years after ye reconquest, the same was
not done in such form as the law required, but that the lands
for ye better settling and strengthning yt. Isld. were granted
under the great seal there, to sevll. people who by their industry
have much improv'd ye same, and thereby strengthned ye sd.
Isld., and enacts that all the lands in the English Quarters of
any Frenchman or woman who quitted and deserted ye same
upon retaking ye sd. Isld. by ye English and went off wth. other
French subjects and dyd or yet survive in the Dominions of the
French King and also all lands of Irish or other natural subjects
of great Britain who then appear'd in rebellion and reed,
protection from the French, were justly forfeited to and legally
vested in ye Crown, notwithstanding any deficiency or want of
proceedings heretofore neglected for ye more regular confiscation
of ye same, wch. that Act is to be deem'd to answer and supply,
and the titles of ye patentees thereof are thereby confirmed which
clause making forfeitures for treason, without convicting or
attainting ye traytors is contrary to reason and the practice of
the Parliamt. of great Britain. Perhaps it might be reasonable
to discharge the possors. of all ye mean profitts of such lands arid
to confirm their titles to ye same unless the supposed forfeiting
persons should within a certain time pay to ye patentee the full
value of all improvemts. made thereon, and also ye moneys pd.
to ye Crown for ye purchase thereof. The next clause provides
that all bills of sale of lands made under ye hand and seal of
ye Provost Marshal or his Deputy and according to ye known
usage and practice of that Island should be good and valid to any
purchaser and his hres. against a former proprietor and his heirs
and any claiming by him. by any conveyance made after ye
execution levyd on such lands, notwithstanding ye records or
laws of yt. Isld. on wch. such execution and bill of sale are
founded may by ye late unhappy confusion of ye times be defaced
or lost, wch. clause is needless if there be any such law to warrant
such execution, and unreasonable if there be no such law. Beside,
the clause as worded may be construed to confirm all judgmts.
entred and thereby deprive the subject of his writt of error wch.
also is unreasonable. The next clause in the Act provides that
no want of method or of sufficient legal words to create an
inheritance to them and their heirs, nor impropriety of speech
which through ye ignorance of former times are frequent in old
deeds shall vitiate or make void any deed grant devise or other
AMERICA AND WEST INDIES. 199
1713.
conveyance whatsoever, wch. is unreasonable to make estates
pass without legall words and may create disturbances to ye
present possessors. Signed. Edw. Northey. Endorsed, Reed.
17th July, 1713. Read 24th Feb. 17}f. 3f pp. [C.O. 152, 12.
No. 64 ; and 153, 13. pp. 225-229.]
July 14. 393. Stephen Duport to the Council of Trade and Plantations.
Proposals concerning the resettlement of St. Christophers.
Endorsed, Reed. Read July 14, 1713. 3 jjp. Enclosed,
393. i. List of plantations in St. Christophers to be claimed by
way of petition to H.M. 1 p.
393. ii. List of plantations in St. Christophers granted for a
limited time. | p.
393. iii. A proposal (by a former Councillor) concerning the
disposal of the French part of St. Christophers. Oct.
7, 1712. Hpp. [C.O. 152, 10. Nos. 5, 5 i.-iii.]
394. Mr. Attorney General to the Council of Trade and
Plantations. I am of opinion that the Act passed in Jamaica
July 31st, 1711, for the further quieting possessions, etc., (v. Dec.
12, 1712), is not fit to be confirmed. (I) The recital, that several
titles made for want of skill and knowledge in those that drew
conveyances of the same may admit of disputes and suits in law
and equity is very improper, for I do not know that ever any
law was passed to quiet possessors who had no titles, therefore
this is fit to be left out, and possessors with non claim will have
the benefit of it, with title or without. (2) The Act establishes
all titles to be in fee where persons had been possessed before
making of it for seven years without suit claim or interruption
or shall continue for seven years from the first possessing as well
against the Crown as any subject, which is unreasonable, being to
establish a wrongfull possession, and to barr the Queen and her
people that have not claimed, when they were not before obliged
by law to claim, without giving a reasonable time to the Crown,
or the subject to contest the possessor's title, which was never
done in England, the Statute 32 H. VIII and 21 Jac. I., which
are the English statutes of limitation giving time for those
that had cause of suit when the Acts were made, before those
statutes should affect them. But in that Island in an Act for
prevention of law-suits in the collection of the laws of Jamaica
the then possessors' titles were confirmed, if they had or should
continue seven years quiet possession. (3) This Act is unpre-
cedented to put the Queen and her subjects on a levell as to the
time of their claiming their rights. In England in the times of
King H. VIII and Qn. Elisabeth several Acts of Parliament were
made for confirming the letters patents of the Crown, but no
Statute of Limitation of time for their suits. The statute of 21
Jac. cap. 2, against concealments made in England quieted
possessors onely where possession had been against the Crown
for 00 years, and the Crown had not been answered any rents
nor the lands duely in charge within that time. But there is
no Act that limits the Crown to a time in their suits for lands
200 COLONIAL PAPERS.
1713.
etc. How far H.M. may be advised for the quiet of the Island
of Jamaica to confirm the present titles, if she shall not contest
them within seven years as proposed by the Bill is submitted.
But I cannot think H.M. will be advised to put herself and her
successors for ever hereafter on the levell with her subjects as
to the time of comencing her suits, and therefore if H.M. will
confirm the present titles if not contested within that time, I
think for future rights the Act should be made to extend onely
to the subjects' suits. Besides I do not understand what is
meant by titles against the Crown by virtue of any Order formerly
granted. (4) The first proviso, for persons under disabilities to
sue, omits persons in prison, and for those that are mentioned,
saves the right of suits or entry onely to themselves but not to
their heirs extors. or admors. as it ought to have done. And the
proviso ought also to extend to suits where the defts. shall be
beyond sea. (5) The proviso touching bonds bills and mortgages
whereon no interest hath been paid and judgments recognizances
fines and amerciaments and all other writings obligatory, which
have not been legally demanded within 20 years from the dates
or from the last payment of bills bonds and mortgages, and that
shall not be legally demanded within 5 years after making the said
Act, which declares them null and void is unnecessary and
unreasonable. Unnecessary, because at law after 20 years past
without demand, it will be presumed the debts are satisfied,
unless the creditor shew a reason why no such demand was, as
prior incumbrances, or absence, poverty or absconding of the
debtor, or absence or incapacity of the creditor. And it is
unreasonable, for that the non payment of interest for that time
may be proved to be by agreements, or the securities may be
kept on foot to protect an estate, or the debtor may have been
insolvent absconded or absent, or there might be prior incum-
brances which ought to be first satisfied, or the creditor might be
absent or under disability to claim. The last clause that makes
all bills of sale, deeds and other conveyances made and recorded
according to an Act of that Island for preventing of law-suits,
as well as those that should be after made to have the effect
of a fine or common recovery is unreasonable as to deeds made
before this Act, and may give title to persons against the present
possessors by a retrospect. The latter part of the clause to make
future deeds recorded as good as a fine or recovery in England
may be reasonable, and I apprehend is wanted in that Island,
the former law making the grants onely of men and their wives
of such effect. On the whole I am of opinion, this law is not
proper to be approved of, but that an Act for limiting times for
suits to be commenced between party and party is reasonable
and necessary, and such law may with small alterations be framed
by the English Act of 21 Jac. As to the quieting present titles
against 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 onely.
P.S. It is proposed by several gentlemen on behalf of the
Island of Jamaica that this law may remain with your Lordps.
for sometime, that there may be opportunity of passing and
AMERICA AND WEST INDIES.
201
1713.
July 14.
Whitehall.
July 15.
Whitehall.
July 15.
Whitehal.
transmitting a law or laws for quieting possessions not liable to
these objections, and that then this law may be repealed, against
which I have no objection. Signed, Edw. Northey. Endorsed,
Reed. Read July 17, 1713. 3^ pp. [C.O. 137, 10. No. 5 ; and
138, 13. pp. 434-440.]
395. Council of Trade and Plantations to Edward Lloyd,
President of the Council of Maryland. Acknowledge letters of
Jan. 25, July 15, Nov. 20th, 1712, and April 16, 1713. Continue:
Wee have transmitted to the Earl of Dartmouth your letter to
him and the Address therein referr'd to. You have not with your
papers sent any account of the annual revenue of Maryland, which
you are required to do by your Instructions, and therefore we
must remind you thereof, that you do not fail of doing it half
yearly or oftner, as opportunity offers to us. The Acts which we
have receiv'd shall be considered at the first opportunity, and our
opinion thereupon transmitted to you. In the mean time we must
observe upon the Act for regulating writts of error and granting
appeals from and to ye Courts of Common Law within this Province,
that by H.M. Instructions, you are required to endeavour to
get a law passed, wherein the method and limitation of appeals
from the inferior courts to the Governor and Councill may be
settled and restrained ; but you are not to enact anything
that H.M. has already settled by Her said Instructions, and there-
fore all that clause in the foresaid Act, which relates to appeals
from the Governor and Councill to H.M. ought to be left out, the
same being sufficiently provided for as aforesaid. Wee advise
you therefore, to endeavour to get a new law pass'd without the
said clause ; else wee shall be obliged to lay the same before H.M.
for her disallowance. [C.O. 5, 727. pp. 336, 337.]
396. Circular letter from the Council of Trade and Planta-
tions to Governors of Plantations. Enclose for publication,
copies of the Treaties of Peace and Commerce with France, and
the Assiento Contract. [C.O. 29, 13. p. 17 ; and 38, 7. p. 184 ;
and 5, 727. p. 338; and 5, 913. pp. 443, 444; and 5, 1123.
p. 118 ; and 5, 1292. pp. 387, 388; and 5, 1363. p. 487 ; and
138, 13. pp. 433, 434 ; and 195, 5. pp. 314, 315 ; and 153, 12.
p. 103 ; and 218, 1. p. 80.]
397. Mr. Popple to Mr. Attorney General. Encloses extract
from Governor Lowther's letter. Continues: The Council of
Trade and Plantations desire your opinion as soon as may be,
upon the following query, vizt., whether an appeal can, or ought
to be brought from the Court of Exchequer in Barbadoes, to
the Governor and Council there, as a Court of Chancery. 1 p.
Overleaf,
397. i. Sir Edw. Northey to the Council of Trade and Planta-
tions. I am of opinion the Governor by virtue of his
Instructions is to admit appeals as well from the Court
of Exchequer as from other Courts in Barbados for the
Governor and Council there, and this plainly was the
202 COLONIAL PAPERS.
1713.
intent of the Governor's Instructions;, no appeal being
directed to be allowed from any Court toH.M. but from
the Court of Chanceiy, which would have been provided
for, to have been from the Court of Exchequer to H.M.,
if an appeal had not been intended to be first in the
Chancery. Signed, Edw. Northey, 16 Feb. 1713 (sic).
| p. Endorsed, Reed. Read July 17, 1713.
397. ii. Extract of Governor Lowther's letter Dec. 20, 1711.
397. iii. Extract of Governor Lowther's Instructions relating
to a Court of Exchequer and to appeals. [(7.0. 28, 13.
Nos. 102, 102 i.-iii. ; and 29, 13. pp. 16, 21.]
July 16. 398. W. Popple to .Sir E. Northey. Encloses No. iii. supra,
Whitehall. ail( j desires an answer as soon as possible. [C.O. 29, 13. p. 18.]
July 16. 399. Mr. Rigby, Deputy Secretary and Provost Marshal of
Jamaica. Objects to the Act of Jamaica for preventing any one
person holding two or more offices, as aimed at himself and encloses
following. No inconveniencys have hapned through his holding
the two offices, etc. Signed, R. Rigby. Endorsed, Reed. 17th,
Read 31st July, 1713. 2pp. Enclosed,
399. i. Copies of Sir E. Northey's opinion, June 30, 1707,
given to Governor Handasyd, that the office of Provost
Marshal is not incompatible with that of Secretary,
etc. 1 p. [C.O. 137 ; 10. Nos. 23, 23 i.]
July 17. 400. Mr. Attorney and Mr. Solicitor General to the Council of
Trade and Plantations. We have considered the case of Thomas
Simpson and Mrs. Gandy (v. Feb. 21, 1711, and March 8 and
Nov. 12, 1712) and have heard the persons concerned on both
sides, etc. Case stated at length. Conclude : Wee are humbly of
opinion that the Act (of Jamaica) for vesting Thomas Finche's
estate in trustees, the better to enable his security to pay 3800 due
from him as Commissioner for the publick of this Island, was just,
the bond to H.M. being a charge on the same and therefore
preferable to other creditors of the said Finch, and that it was
reasonable to make such provision for the payment of those
moneys, the same being publick money, and to be accounted for
to the Assembly, and it was just that Finch and his estate should
be charged with the same and not to have the same levied on his
security, and leave them to their remedy at law for their satis-
faction they having pursuant to the Act advanced the moneys
after, for fitting out the sloops, as appears by the affidavit of
William Wood and Joseph Hodges, etc. In pursuance of that
Act the trustees have already sold part of Finche's estate, and if
that Act should be now rejected, those purchasers will lose the
money paid by them for the same. Signed, Edw. Northey,
Rob. Raymond. Endorsed, Reed. 22nd July. 1713. Read 25th
Feb. 17 jf. 6pp. Enclosed,
400. i. Affidavit of Joseph Hodges referred to in preceding.
Jan. 13, 1712. Signed, Joseph Hodges. p.
400. ii. Affidavit of William Wood, referred to in preceding.
AMERICA AND WEST INDIES.
203
1713.
[July 17.
July 17.
July 18.
Whitehal.
July 18.
N. York.
Jan. 13, 1712. Signed, Win. Wood. Endorsed, Reed.
23rd July, 1713. Read 25th Feb. 17 jf. 1 p. [C.O.
137, 10. Nos. 42, 42 i., ii. ; and (without enclosures],
138, 14. pp. 77-86.]
401 . Whitgift Aylmer, Francis March and Thomas Beckford
to the Council of Trade and Plantations. As former members
of the Assembly of Jamaica, and in reply to Mr. Popple's
summons, pray for time and access to documents, in order to
put into writing information concerning the passing of the Act
for preventing of any one person from holding two or more offices etc.,
and concerning the escheated estate of Mrs. Kupius, etc. Signed,
Whitgift Aylmer, Francis March, Thomas Beckford. Endorsed,
Reed. Read July 17th, 1713. 1 p. [C.O. 137, 10. No. 19.]
402. Lt. Governor W. Hamilton to [? Mr. Lewis]. I have
received some intelligence that John Bermingham is in this city
[London Ed.] etc. I shall informe myself e where he may be
apprehended, etc. You may direct for me at my Lady Russells'
in Berwick Street. Signed, W. Hamilton. 1 p. [C.O. 152, 42.
No. 110.]
403. Mr. Popple to Sir Edward Northey, Attorney General.
Encloses four parcels of Jamaica Acts. The Council of Trade and
Plantations desire your opinion in point of law, with what con-
venient speed you can, upon the Acts (1) declaring what persons
shall be qualify' d to sit in Assembly (1711) ; (2) to pr event hawking
and disposing of goods clandestinely (1711); (3) to disenable any
member of the Council or Assembly from acting as Commissioner for
receiving any publick money , etc. (1711) ; (4) for regulating fowling
and fishing (1711) ; (5) for the better securing the estates ami interests
of orphans and creditors, and to oblige executors to give security and
to return appraisements into the Secretary's office (1711) ; (6) to
encourage white men to come to continue and settle in this Island
(1712); (7) for preserving the public Records (1712). [C.O. 138,
14. pp. 13-15.]
404. Governor Hunter to the Council of Trade and Planta-
tions. This comes by ye Enter prize ; I have not had ye honour of
any from your Lordps. since that of ye 12th of June, 1712, which
makes me conclude that my pressures are remedyless, haveing
had hitherto too solid proofes of your Lordps. compassion to
doubt your endeavours for my releife, I shall not now add to your
concerne by a recapitulation, but proceed to what has since
occurred. Haveing spoke to ye new Assembly (v. June 11),
their fears of ye promis'd remedy at home, and their apprehension
of a speedy dissolution suggested to them the necessity of an
appearing willingness to support the Government in ye manner it
was expected they should, and some resolves in their Grand
Committees sounding soe, made it necessary to continue their
session. The Act for support of Government will best inform
your Lordps. of ye result, for there they lodge in H.M. Receiver's
204 COLONIAL PAPERS.
1713.
hands, a summe short of their own scanty allowance of 2800,
and ye Government is to have recourse to their Treasurer for
ye remainder, and this too but for one yeare. soe that whoever
has ye misfortune to be concern 'd in their Governnit. ye ensueing
yeare will be laid under an unavoidable necessity of teizing yr.
Lordps. as I have done. The other two Acts (enclosed) require
noe comment. That house had passed severall other Bills, some
of which have also past ye Councill, but their harvest comeing
on, and all of them being desireous of a recess, I thought fitt to
delay my assent untill they meet againe, being now adjourned
to ye first of Oct. next. Amongst these there is an Act for appro-
priating the Excise to ye payment of ye publick debts for 20 yeares,
but those debts not being as yet ascertain'd by an Act or any
method of payment fix'd, I shall not assent to ye one without the
other, least I should pass an Act for lodgeing considerable summes
in ye hands of a country Treasurer for purposes which I am a
strainger to, and which may be hereafter apply'd to worse uses
than anybody dreams of. at present. I have often told yr.
Lordps. that it is in vaine to attempt anything in the Jerseys
untill the Councill be altered. I know that yr. Lordps. are of
the same opinion, and I doe again affirm that you must change
the Councill or change ye people, for changeing ye Governour
will not doe. The Palatins (askeing yr. Lordps'. pardon for
mentioning them) who remaine upon the lands on which I
planted them, have beene by the blessing of God and their own
labours able to subsist themselves, those who run to Schohare have
beene oblig'd to ye charity of ye province to save them from
starveing. The trees will be ready for ye manufacture after this
Fall, but nothing can be done here for nothing. I have formerly
inform'd your Lordps. of ye disputes about the quitt-rents, and
whale-fishing. I think it now necessary to put your Lordps.
in mind of an Act past here in November in ye ninth yeare of
H.M. raigne entituled an Act for ye better settlement and assure-
ing of lands, which was intended to gaine over ye people to ye
interest of ye Government, and has not as yet obtain'd H.M.
approbation. Yr. Lordps. are ye best judges whether or noe
their behaviour has deserved that, all claimes are barr'd by that
Act ye first of September next ensueing. Soe it is high time to
think of it. My Lords, I have done my best in my station, and
apprehend no scrutiny on earth. God who knows my heart
will acquitt me elsewhere. I have serv'd faithfully, suffer'd
patiently, and shall resign chearfully whenever it shall be H.M.
pleasure I should doe soe. I have spent ye better part of my life
in her service, and for that am ready to sacrifice ye poore
remainder, but whatever befall me, I am with ye deepest sense
of gratitude and duty, my Lords, your Lordps'. most humble and
most obedient servant. P.S. I send yr. Lordps. likewise a
private Act wch. needs noe remarke. Since ye writeing of what is
above the post from New England has brought me H.M. Letters
for ye changes in the Councill of ye Jerseys, and the pardon of ye
condemn'd negroes here, which will enable me to struggle chear-
fully with all other difficulties, for indeed the notion that a faction
AMERICA AND WEST INDIES.
205
1713.
July 18.
N. York.
July 18.
N. York.
July 19.
Corke.
July 20.
Whitehall.
July 20.
Whitehall.
here had spread that I was disregarded at home, and consequently
speedily to be recalled had gain'd soe much creditt, that the freinds
of ye Government cool'd whilst ye others triumph'd. Your
Lordps. shall never have reason from any act of mine to repent
or be asham'd of your generous patronage, etc. Signed, Ro.
Hunter. Endorsed, Reed. 23rd Sept., Read 22nd Oct. 1713.
2 pp. [C.O. 5, 1050. No. 68; and 5, 1123. pp. 128-133.]
405. Governor Hunter to Mr. Popple. Acknowledges letters
as above. Signed and endorsed as preceding. Holograph. 1 p.
[C.O. 5, 1050. No. 69 ; and 5, 1123. pp. 133, 134.]
406. Governor Hunter to the Earl of Dartmouth. Encloses
copy of No. 404. Signed, Ro. Hunter. Holograph. 2 pp.
Enclosed,
406. i. Duplicate of No. 404. [C.O. 5, 1085. Nos. 13, 14.]
407. Governor Nicholson to the Earl of Dartmouth. Acknow-
ledges letter of July llth, and H.M. commands of June 23rd.
I have enquired of Capt. Caleb Wade, H.M.S. Adventure, when he
could be ready to saile, etc. I hope in God wee shall be able to
reach Annapolis Royall time enough not to lose the benefitt of
the season for New England, and if possible I shall endeavour
to visitt Placentia etc. before the winter, etc. Signed, Fr.
Nicholson. If pp. [C.O. 5. 9. No. 117.]
408. Council of Trade and Plantations to the Lord High
Treasurer. Request payment of enclosed account of office
expenses and salaries, Michaelmas, 1712 Midsummer, 1713.
[C.O. 389, 37. pp. 60-63.]
409. Council of Trade and Plantations to Governor Hunter.
Since we wrote to you on the 13th [? 23rd] April, we have seen your
letter to our Secry. of the llth of May, and are very much sur-
prized to find the Assembly of New York persist so long in their
undutifulness to H.M. after what we have so often writ you upon
that subject. We acquainted you (April 23rd) what we had
done upon that matter ; H.M. approved the draught of the Bill,
and directed us to lay the same before the Parliament, but the
Parliamt. rising so soon after it was impossible to prosecute it
this Sessions to effect, however you may be assured that now
we have H.M. commands as aforesaid, we shall not fail at ye
beginning of the next Parliament, to take all the care possible
that H.M. commands for the future be no more slighted by a
people who owe their whole protection to H.M. goodness. Your
endeavours and resolutions to support and maintain H.M. rights
and prerogative, are very commendable ; but as to the augmenta-
tion of the forces you desire, we cannot at present make you any
answer thereto. We inclose Mr. Attorney General's opinion (May
5) relating to grants of lands and quit-rents, which will be a
guide to you in all future occasions, etc. [C.O. 5, 1123. pp. 121,
122 ; and 5, 1335. No. 184.]
206 COLONIAL PAPERS.
1713.
July 20. 410. Council of Trade and Plantations to Lt. Governor
Whitehall. Spotswood. Acknowledge letter of Feb. llth, q.v. With regard to
the expenses of the spyboat and prisoners, all that can be done now
will be (when the next session of Assembly shall resume the
consideration of the state of the Revenue), to exhort them to
replace the mony you have been obliged to take for these purposes
out of H.M. Revenue of 2s. per hhd., because these services
were solely for their advantage and security, and that all prisoners
of war, taken in the Plantations are constantly subsisted at the
charge of those Colonies where they are taken. This gives us
occasion to remind you of the article of your Instructions, whereby
you are required to transmit to us a constant account of the
receipts and issues of the publick revenues made up every half
year, and which we shall expect from you for the future. We
must needs commend your charity to your distressed neighbours of
North Carolina, and the great zeal you have shewn in exciting your
Colony to afford them the assistance, they have done in cloth
and money, and if your people had any share in the action, which
as 'tis said happen'd on the 20th of March last, wherein the
Tuscoruro Indians were entirely defeated, we hope to have
that report confirmed by a more authentic accot. from yourself.
We have the laws you have sent us, now before us, but have not
had time to consider of them. The Bill prepared in pursuance
of H.M. permission for passing the 84 Article of your Instructions
into a law, being so reasonable and well suited to the circumstances
of your Colony, makes it the more unreasonable in the Assembly
to reject it : but since they have done so in adherence to their
unreasonable customs, it is but just that you strictly pursue the
purport of your Instructions, which are and ought to be deemed
by them as valid as their Charter. You have done very well by
a Proclamation to prohibit the abuse of that privilege granted to
persons imported, and hope the measures you have taken will be
effectual to redress those practices. You will do very well to
pursue the scheme you propose for revising the laws of this
Colony, rather than by the Assembly and if you transmit a copy
of them hither before they are printed for our perusal, it will be
very reasonable that the persons who took the pains, should have
ye privilege of printing and selling them, and you may assure
them that they may expect our concurrence and assistance for
the same. We have received the account of arms and ammunition
belonging to H.M. and remaining in the several counties, where
they were dispersed, and we desire you from time to time to give
us the like accounts for our information. As to the low prices of
tobacco which you say is the occasion no more negroes have been
imported into your Colony, we hope that in another session of
Parliament if the trade of France be open'd, it will give a great
vent to and consequently raise the price of that commodity.
We shall expect a more compleat list of births and burials accord-
ing to your promise. We shall make a representation in behalf
of Mr. Wm. Cock Secretary as a fit person to supply the place of
Col. Harrison in the Council for the reasons you give, and we wish
Col. Basset would be content with being replaced at the Council,
AMERICA AND WEST INDIES.
207
1713.
July 20.
Whitehall.
July 20.
Whitehal.
and not insist on being restored to his former precedency for the
mischiefs and inconvenience that such an example would
necessarily introduce, and think he has the more reason to
submit to it, because his being out of the Council was his own
voluntary act. [(7.0.5,1363. ^p. 506-510.]
411. Mr. Popple to the Earl of Orkney. There being now
three vacancies in the Council of Virginia in case Mr. Basset shall
persist to refuse acting unless he be restored to his place of
precedency therein ; the Lords Commissioners for Trade and
Plantations have under consideration the filling up the said
vacancies, and command me to acquaint your Lordship therewith
and to desire to know whether your Lordship have anybody to
recommend to those places. I return your Lordship, my most
humble thanks for the favour your Lordship was pleased to do me
upon the account of James Keys. [C.O. 5, 1363. p. 511 ; and 5,
1335. No. 185.]
412. Council of Trade and Plantations to Governor Lowther.
Acknowledge letters of Dec. 20, 1711, Feb. 18, April 9, May 28,
Aug. 16 and 29, 1712, and Jan. 26 and March 30th, 1713.
Continue : As to what you write relating to the non-observance
of H.M. orders about coin in the Leeward Islands, we are to inform
you, that the present Governor being recall'd, we shall take care,
upon the sending over another, that the said orders be reinforc'd.
H.M. having been pleas'd. upon Mr. Carter's petition, to restore
him to the practice of the law, from which you had suspended
him, we have little to say to you upon that subject, only we think
it necessary to give you our opinion upon the matter for your
future government. When a practitr. of the law has been once
admitted by the Courts, he has an undoubted right to practise there,
and ought to enjoy the same, till he shall be legally convicted of
such misbehaviour in his practice as shall amount to a forfeiture
of such right. As to the particular case of Mr. Carter, you might
have suspended him from the execution of his office for pleading
against H.M., but we do not think, for the reasons abovemention'd,
that you have power to suspend him from the practice of the law.
Upon this occasion, we must take notice to you, that none of the
Queen's Council at Law either here or in the Plantations, ought to
plead against H.M., without H.M. leave, or the leave of H.M.
Governors in the said Plantations. This we desire you therefore
to signify to them that they may conform themselves thereunto
accordingly. In answer to your query how you are to behave
yourself in case you shou'd happen to be either plaintiff or defend-
ant in Chancery, we must take notice to you, that by your 98th
Instruction relating to appeals, the Councillors that are judges of
a Court from whence an appeal shall be brought to you and the
Council, are not to be admitted to vote upon the said appeal,
but they are allow'd to be present at the hearing of such appeal,
to give the reasons of the judgement given by them in the Court
from whence the appeal is brought. Since the abovesaid Instruc-
tion has been thought necessary in relation to a Councillor who
208 COLONIAL PAPERS.
1713.
has been only a judge, the reason of the thing will be much stronger
in the case of a Govr., who shall be both judge and party, in
Chancery ; and therefore, as the constant practice has been,
and which you may much better know in Barbadoes, that the
Councillors have always had their votes in all causes depending
in the Courts of Chancery, we can't think it adviseable for you,
to give your vote in any cause wherein you shall be either plaintiff
or defendant, tho' you may hold the Court, and be present at the
hearing. We are of opinion that by virtue of H.M. Instructions
to you, you are to admit appeals, as well from the Court of
Exchequer, as from other Courts in Barbadoes, which is plainly
the intention of your Instructions, no appeal being directed to ber
allow'd from any Court to H.M., but from the Court of Chancery,
which would have been provided for to have been from the Court
of Exchequer to H.M. had not an appeal been intended to be first
in the Chancery. We take notice of what you write in relation
to the dispute between the Council and Assembly on occasion
of the Excise Bill. We do not doubt that there are several
persons in the Assembly, that wou'd be glad to make themselves
independent on the Crown of Great Britain, but that they may
be undeceiv'd, we desire you to acquaint the Assembly in case
there be any dispute for the future, between them and the
Council, about passing of money bills, that the Council have an
equal right with them to alter or amend such bills ; for the
Council are impower'd thereto, and made part of the Legislative
by H.M. Commission to you ; and the Assembly cannot be elected
nor sit as an Assembly, but by virtue of a clause in your sd.
commission, whereby you are empower 'd to call Assemblys etc.
The Assembly's pretence therefore of having the sole power of
making mony bills will never be allowed of here, it being an
infringemt. of H.M. royal prerogative. And for your information,
we think fit to acquaint you that the Assembly at New York
had taken up a like pretence of not admitting the Council to amend
mony bills, upon wch. dispute the Revenue Bill of that Province
was lost, and tho' we had several times writ to the Govr. our
thoughts and the consequences of the Assembly's assuming such
a pretended right, they still persisted therein ; whereupon H.M.
directed us to prepare the drat, of a bill, to be pass'd by the
parliament here for settling a Revenue at New York, which was
accordingly done and we had H.M. directions to lay it before the
House, but the parliamt. rising so soon after, there was not time
to do it. However it is ready agst. the next session. As to the
business of the ship Oxford, that matter was some while ago
referr'd to us, and a day appointed for the hearing, but the
parties not being ready, nothing has yet been done in it. nor do
we know whether the petitioners will proceed any further therein.
We take this occasion to assure you that in the case of the sd.
ship, or any other wherein you may be concern'd, we shall do you
justice, and shall not determine anything without hearing you or
your agents thereupon. But we think ourselves oblig'd to take
notice that we have seen your summons of April 27th to Mr.
Skene, a copy whereof is here enclos'd, wherein you require him
AMERICA AND WEST INDIES. 200
1713.
to answer not only for what he did at this Board, but for his
petition to H.M. This is a very arbitrary proceeding in itself, and
reflecting upon ye justice of this Board. And upon this occasion
we must acquaint yon, that the Queen expects obedience to her
orders, and that if you continue to prosecute Mr. Skene, in so
unjust a manner, we shall represent this matter as it deserves to
H.M. P.S. Since our writing of this, we have reed, your letter
of May 20th last, which requires no answer. [C.O. 29, 1.3. /)/>.
67-73.]
July 20. 413. Council of Trade and Plantations to Governor Lord A.
Whitehai. Hamilton. We have several of your Lordp's. letters unanswer'd
occasioned by the long sitting of the parliament. In your
answers (March 8 and May 15, 1711) to several articles of your
Instructions we find that article which relates to the number of
inhabitants etc., not yet perfected and your Lordship's reasons
for it, which we hope will likewise be transmitted when you
have received the necessary informations. The duties upon prize
goods was taken of, by a clause in an Act of Parliament begun
in the House of Commons, and the taking up those bonds was laid
before the House, but met with so many objections and obstruc-
tions that nothing is done in it this sessions. Acknowledge letter
etc. of May 15. We recommend to your Lordship to require the
officers from time to time to return to your Lordship surveys of
the stores, which will be a means of preserving them and making
them useful upon any occasion. Your Lordship can best judge
what fortifications are necessary to be enlarg'd and repair'd and
what mony the country are willing to furnish for their safety and
convenience, etc. Your letter etc. of the 10th and 18th of Oct.
1712 gives us an evidence (that notwithstanding the great
disadvantage you were under by reason of the hurricane) you
took all possible care to prevent the mischief then threatn'd by
the French. We have perused the Minutes of Council mention'd
in your Lordship's letter, where we find enquiry made into the
disorders committed by the privateers of Jamaica. The ending
of the war will ease you of any farther trouble of that kind. We
likewise find some difficulties did arise upon disputes between the
sea officers and the inhabitants, which we hope the seasonable
Proclamation, issued out by your Lordship and the succeeding
Peace will entirely put an end to. Upon your Lordship's recom-
mendation of Mr. Broderick (March 8th). we enter'd his name in
our books as a fit person to fill the next vacancy in the Council.
But Mr. Edlyne and Mr. Mumby having by their petition to H.M.
in Council set forth their intentions of returning to their stations,
and beg'd leave to stay till the Peace, there is yet no vacancy.
The House of Commons hath voted a supply to H.M. for main-
taining Her forces in the West Indies and America for six months
from June 24th last : but had not time for passing any law for
raising the same. When any mony is issued on that account,
care will be taken that H.M. forces with you have their proportion
for the present till it can be further consider'd, which we hope
Wt, 5622. C.P. 14.
210 COLONIAL PAPERS.
1713.
will be in settling three Independant Companies instead of the
Regiment. With your Lordship's letter of Nov. 22, 1712, we
receiv'd the accounts of the Revenue and commend your Lord-
ship's great care in entring all those accounts in the Council
books and transmitting them hither from time to time. We have
sent the Acts mention 'd in the inclosed list to Mr. Attorney
General for his opinion in point of law, and so soon as we shall
receive the same, we shall lay the said Acts before H.M. for
Her pleasure thereupon. We have now receiv'd Mr. Attorney
General's opinion upon the Act for further quieting possessions,
which is by no means fit to be confirmed by H.M. for the reasons
mention'd in his report, a copy whereof is here inclos'd. Upon
which we must desire your Lordship to acquaint the first Assembly
that shall sit after the receipt of this, with Mr. Attorney's objec-
tions, and that we will forbear at present laying this Act before
H.M., that they may have an opportunity of passing another
not lyable to such objections, and that in case they do not pass
such a new act, we shall be oblig'd to lay this before H.M. for her
disallowance. We have been attended by several merchants
and planters in Jamaica in relation to the Act to prevent any one
person holding two or more offices of profit in Jamaica, who have
desired a further day to give their reasons for confirming the said
Act, and we have also heard Mr. Rigby and some others against
the same, so that in a short time it shall be dispatch'd, that there
may be no room for such misrepresentations as came from Mr.
Beckford. They have also inform'd us that they believe there
are heirs of Williamina Kupius living, and have promised in a few
days to give us some further light therein. The memorial
concerning escheats with observations thereupon, being a matter
of great nicety and tending to the alteration of one of the
Instructions H.M. was pleas'd to make upon a complaint before
Her, we have referr'd to the Attorny General and when we have
his opinion thereupon we will lay that matter before the Queen
and acquaint your Lordsp. with H.M. pleasure therein. We
receiv'd your Lordship's letters of Dec. 12 and 18. 1712 and Jan.
3rd following. We find that upon all disputes between your
Lordship and Rear Admiral, the Council and Assembly were
entirely of your Lordship's opinion ; recalling Sir H. Walker
hath put an end to that matter in Jamaica ; tho' my Lord
Treasurer has transmitted your Lordship's letter etc., to this
Board, to be enquir'd into when there is a proper opportunity ;
but in the mean time we cannot but take notice of what the
Council and Assembly have mention'd in their Address to your
Lordship ; that the permitting men of war to carry negroes and
merchandizes must be very prejudicial to the fair traders and
therefore we hope will be prevented for the future. We have
likewise your Lordsp's. letters of March 5 and 13, 1713. Tho'
your Lordship seems to doubt the allowing appeals from the
Chancery to the Queen and Council, we cannot but think your
Lordship took the right way in permitting them since they exceed
the value of 500. your Instruction being general to allow all
above that sum. [C.O. 138, 14. pp. 15-23.]
AMERICA AND WEST INDIES.
211
1713.
July 21.
Whitehal.
July 21.
Kensington.
July 21.
Kensington.
July 22.
Kensington.
41 4. Mr. Popple to Sir E. Northey. Encloses, for his opinion,
Governor Lord A. Hamilton's observations upon escheats, etc.
[C.O. 138, 14. pp. 23, 24.]
415. H.M. Warrant to Capt. William Taverner to be " Sur-
veyor of such part of the coast of Newfoundland, and the Islands
adjacent as the French have usually fished upon and wherewith
our subjects are at present unacquainted," etc. Countersigned,
Bolingbroke. [C.O. 324, 33. p. 1.]
416. H.M. Instructions to Capt. William Taverner as pre-
ceding. Signed, A. R. [C.O. 324, 33. pp. 2, 3.]
417. H.M. Additional Instructions to Capt. Taverner. You
are also to survey the adjacent islands proper for fishing, etc.
And whereas we are informed that the French, as well from their
settlements on Newfoundland, as from Canada, have driven a
considerable trade with the nations of Indians inhabiting the
aforesd. Island, by exchanging with them European goods and
merchandizes for several kinds of furs and other commodities
of the growth and product of Newfoundland, you are to use your
utmost endeavours to gain the sd. trade to our subjects, and
upon making the best enquirys you are able, you are to lay
before us the most proper methods you can discover for effectually
procuring and settling the same. Signed, A. R. [C.O. 324, 33.
p. 4.]
418. Earl of Orkney to the Council of Trade and Plantations.
Reply to July 20. Recommends Wm. Cock, Mr. Basset, and
Archibald Blair for the Council of Virginia. Signed, Orkney.
Endorsed, Reed. 22nd, Read 23rd July, 1713. 1 p. [C.O. 5,
1316. No. 95 ; and 5, 1363. p. 512.]
[July 23.] 419. John Marsh, Sollicitor, to the Council of Trade and
Plantations. Prays the Board's consideration of an Act of
Barbados, 1712, to enable the executor of Joanna P arris, widow,
to sell certain lands. Signed, John Marsh. Endorsed, Reed.
Read July 23, 1713. -| p. [C.O. 28, 14. No. 6.]
July 23. 420. Council of Trade and Plantations to Col. Lloyd, President
Whitehall. o f the Council of Maryland. Since our letter of the 14th instant,
wee have looked back into wt. was writ you Oct. 26th, 1711,
and find that there are some things in that letter, which remain
yet unanswered, particularly the state of the Revenue. You tell
us indeed in your answer to that letter that the accounts will be
transmitted to Mr. Blathwayt : that is nothing to us, you
are required by your instructions, to transmit those accounts to
us half yearly or oftner, and therefore wee do expect that the
same be punctually complyed with. The other clauses unanswerd
are, that requiring an account of the strength of your neighbours,
and what correspondence you had with ym. ; the clause relating
to the wants and defects of your Province. [C.O. 5, 727. p.
339.]
July 22.
212
COLONIAL PAPERS.
1713.
July 23.
Whitehall.
421 . Council of Trade and Plantations to Governor Lowther.
We take notice in your letter of April 9, 1712, that you promis'd
an answer to the letter writ you from this Board of Oct. 26, 1711,
upon several clauses of your Instructions : But as we have not
yet reed, such answer, we must remind you thereof, particularly
of that Instruction which requires you to send to us the accounts
of the Revenue of that Island. We shall therefore expect that
you transmit to us by the first opportunity distinct answers to
the sd. letter, it being absolutely necessary we be particularly
inform'd of the state of Barbados, that we may be the better
enabled, from time to time, to lay such representations before
H.M. as shal be necessary. [C.O. 29, 13. p. 74.]
[July 23.] 422. Planters and Merchants concerned in Jamaica to
Council of Trade and Plantations. We do not know of any
inconveniencys, nor are apprehensive of any, by reason of the
execution of the offices of Secretary and Provost Marshall in the
manner they have been executed for severall years past, etc.
Signed, Cha. Long, Charles Kent, Jno. Lynch, John Moore,
Tho. Freeman, Wm. Willard, Deane Poyntz, Wm. Wood, J.
Ayscough. Endorsed,, Reed. Read July 23, 1713. 1 p. [C.O.
137, 10. No. 20.]
[July 23.] 423. Traders to Jamaica to the Council of Trade and Planta-
tions. Pray for suspension of prosecution of plantation bonds
for 18 months, in which time they will be able to obtain certificates
of discharge of all ships at the ports they cleared for. except those
lost or taken by the enemjr, etc. Signed, Jedekiah Wyatt and
22 others. Endorsed, Reed. Read July 23, 1713. 1 p. [C.O.
137, 10. No. 21.]
July 24.
Whitehall.
424. Mr. Popple to Mr. Solicitor General. Encloses for his
opinion Act of Barbados referred to in No. 419. [C.O. 29, 13.
pp. 75, 76.]
July 24.
Corke.
425. Governor Nicholson to the Earl of Dartmouth. It
was last night before I reed, your Lorpps. letter of the 13th inst.
I hasten Capt. Wade all I can. but he tells me he can't saile untill
next week for want of provisions etc. I beg that your Lordpp.
would be pleased to order at least 1000 of H.M. most gracious
speeches to the Lords and Commons of the 16th inst. to be
dispersed on the Continent and Islands of H.M. Empire in North
America, and please God I arrive at Boston I intend to have a
good number of them printed and dispersed, etc. Signed, Fr.
Nicholson. 1| pp. Enclosed,
425. i. Governor Nicholson to Capt. Wade, Cork, July 24,
1713. Encloses Lord Dartmouth's letter of July 13
and requests him to sail for Kingsaile for the cloaths
etc. for the garrison of Placentia. Signed, Fr. Nicholson.
Copy. I p. [C.O. 5, 9. Nos. 118, 119.]
AMERICA AND WEST INDIES.
Whitehal.
1713.
July 24. 426. Mr. Popple to Charles Carkesse. Encloses Governor
Lord A. Hamilton's letter etc., April 25th, and memorials
relating to the prosecution of Plantation bonds, for the opinion
of H.M. Commissioners of Customs thereupon. \_C.O. 188. 14.
p. 25.]
July 27. 427. Mr. Popple to Mr. Attorney General. Encloses copy of
Whitehall. Governor Hunter's letter and queries relating to quit-rents,
escheats and whale-fishery (June 11). '' And because Col.
Hunter apprehends H.M. prerogative is very much concerned
in these matters, the Lords Commissioners for Trade and
Plantations desire you will forthwith let them have your opinion
upon them, that they may have an opportunity of representing
to H.M., or writing to Col. Hunter, as ye case shall require, before
they go down into ye country to their elections." [C.O. 5, 1123.
p. 123.]
July 28.
Whitehall.
428. Council of Trade and Plantations to the Queen. Recom-
mend Wm. Cocke and Edmd. Berkley for the Council of Virginia
(v. Feb. 11. July 22.) [C.O. 5, 1363. p. 513 ; and 5, 1335.
No. 183.]
[July 28.] 429. Whitgift Aylmer, Francis March and Thomas Beckford
to the Council of Trade and Plantations. Mr. Rigby was the
person aimed at by the Act of Jamaica for preventing any one
person from holding two or more offices, etc., his practices having
been for some years past such as disturb'd the quiet of the gener-
ality by exaction of extravagant fees, etc. Many of the original
deeds of estates having been through course of time and the
influences of that climate worn and defaced, and many others
quite lost by the terrible earthquake, 1692, the great fire 1702,
and the dreadfull hurricane 1712, and the publick records and
enrollments of all deeds and conveyances made in 1671, 1672
having likewise been lost, the persons who have the imediat
charge of some of the offices mentioned having the opportunity
of searching into possible defects in rights to estates, and frequent
experience had of many sinister uses made of the casual losing of
deeds by pretended escheats etc., has made such practice so
insupportably vexatious, and grievous to the inhabitants, that
that's the true cause of their having, all along, had so much
at heart the passing of the Act for the further quieting possessions
etc., and not the pretended concealment of any estates wch. of
right ought to belong to the Crown, as is without any just ground
suggested in the state of the case now lying before your Lordps.
and which we beleive was concerted by Mr. Rigby and Brodrick.
As to the estate of Williamina Kupius it may be worth 5 or 6000,
and an uncle and other relations of the said Williamina are living
in Holland, etc. Signed, Thomas Beckford, Francis March,
Whitgift Aylmer. Endorsed, Reed. Read July 28. 1713. 3i-
largepp. [C.O. 137, 10. No. 22.]
214
COLONIAL PAPERS.
1713.
July 31.
Whitchal.
July 31.
Whitehal.
430. Mr. Popple to Sir E. Northev. Desire* his opinion in
point of law as soon as possible upon the Act of Jamaica to
prevent any one person from holding two or more offices, etc. [G.O.
138, 14. pp. 26, 27.]
431 . Mr. Popple to Major General Handasyd. Desires his
opinion upon above Act, and the reasons which induced him to
pass it. [C.O. 138, 14. pp. 27, 28.]
[Aug. 1st ?] 432. The Earl of Dartmouth to Governor Nicholson. It
was very agreeable to the Queen to find by your letter of 24th
past to me which I laid before Her that you were using all
imaginable diligence to proceed to America. T have sent you
enclosed half a dozen of H.M. Speeches [will] all the Stationers
could furnish me with, the want of more will I hope be supply 'd
by the Press at Boston where 3^011 tell me you propose to reprint
'em. for I believe you judge very well that the publishing and
dispersing of 'em thro'out the Continent of America will be for
H.M. service. Countersigned, Dartmouth. [C.O. 324, 32. p.
229.]
Aug. 1.
Aug. 3.
Whitehall.
Aug. 3.
Whitehall.
Aug. 3.
Jamaica.
433. H.M. warrant granting further leave of absence to
William Sharpe for one year, he to continue one of the Council of
Barbados meanwhile. Countersigned, Dartmouth. [C.O. 324,
32. pp. 228, 229.]
434. Mr. Popple to Sir Kobt. Raymond, Solicitor General.
I send you four bundles of Pensylvania laws for your opinion
thereupon in point of law as soon as conveniently may be. The
reason for dispatch is, that by Mr. Penn's patent, he is allowed 5
years after the making of laws to transmit and deliver the same
to H.M. Privy Council, but H.M. by the said patent is allowed but
six months after the delivery of such laws as aforesd. to repeal
any of them. And the inclosed laws, having been received
from Mr. Penn the 22nd of the last month. I am commanded to
acquaint you therewith, that the time for H.M. repealing any of
them may not lapse. Among these laws there are several with
the same titles as others that have been formerly repealed. I
enclose representations of 1706-1711, with Mr. Attorney General's
opinions, ur>on the said repealed Acts. Annexed,
434. i. List of 29 Acts of Pennsylvania, Oct. 14. 1708 June
7, 1712. [C.O. 5, 1292. pp. 389393.]
435. Same to Wm. Borret, Solicitor of the Treasury. Encloses
above Acts of Pennsylvania, etc. The Council of Trade and
Plantations desire you would solicit the dispatch of Mr. Solr.
Genl., etc. [C.O. 5, 1292. p. 393.]
436. Governor Lord A. Hamilton to the Council of Trade and
Plantations. I received the 16th July your Lopps'. letter of
May 8th, with the Queen's commands for publishing the Peace
etc., which was done accordingly here the day following with the
AMERICA AND WEST INDIES. 215
1713.
utmost joy and all due solemnity. Acknowledges letter of Aug.
17, 1712. In relation to Mr. Creagh, / refer your Lopps. to May
1.5th, 1712, with this further observation only, the seizure of
Mr. Creagh's vessell being made by Mr. Littleton the evidences
for the proof of his crime were all ways in his possession, and upon
notice given by me to Mr. Littleton that they were to be sent home
together with Mr. Creagh. He undertook for that end to keep
them in safe custody and at hand on board one of H.M. ships at
that time under his command, but omitting to remove them upon
his sending that ship to sea, put it out of my power to send them
with Creagh as I intended, and it was at Creagh's own earnest
and pressing solicitation he was sent home before the return of
that ship ; but Mr. Littleton having afterwards carried the said
evidences along with him, I humbly hope has given H.M. as to my
part in that affair intire satisfaction. Encloses Minutts of
Council etc. Signed. A. Hamilton. Endorsed, Reed. Oct. 2,
1713, Read Jan. 19, 17^f. 2\ pp. Enclosed,
436. i. Receiver General's (James Knight) account of H.M.
Revenue, Jamaica, Sept. 29, 1712 March 25, 1713.
Receipts, 7445 19s. 2d. Paid, 4319 19s. Id. Owed,
4794. Audited by Peter Heywood. Endorsed, Reed.
Oct. 2, 1713. 3pp. [C.O. 137, 10. Nos. 33, 33 i. ; and
(without enclosures) 138, 14. pp. 54, 55.]
Aug. G. 437. Mr. Attorney General to the Council of Trade and
Plantations. I am humbly of opinion that the Act to prevent any
one person, from holding two or more offices of profit in Jamaica,
is not fit to have H.M. royal confirmation, it appearing to be
designed onely for a particular purpose to deprive Mr. Rigby,
Provost Marshall under Mr. Baker, of the deputation of the office
of Secretary, (held by him from Mr. Baker], and for that both the
said offices are held, and always have been so by vertue of H.M.
Letters Patents, and are properly to be regulated by H.M.
directions, and are not incompatible to be held and executed by
the same person. Besides, the Act providing that no two offices
of profit shall be held and enjoyed by one and the same person,
is unreasonable, for that many single offices of that Island are
not sufficient for the maintenance of one person, and where they
are not incompatible there never was any law made before for
restraining one person from having two. and the proviso in the
Act is repugnant to the body of it, for that it allows any person to
get by patent either from the Queen or the Governor as many
offices as he can obtain, and thereby allows a man to have and
execute more offices than one as Principal, but not as Deputy,
which is a mere fancy, and shews the Act is of no other use, but to
deprive Mr. Rigby of his deputation which Mr. Baker might
lawfully make and he lawfully accept. Signed, Edw. Northey.
Endorsed, Reed. Read Aug. 6th, 1713. 2| pp. [C.O. 137, 10.
No. 24 ; and 138, 14. pp. 2831.]
Aug. 6. 438. Council of Trade and Plantations to the Queen.
Whitehai. Recommend disallowance of Act to prevent any one person from
216 COLONIAL PAPERS.
1713.
holding two or more offices of profit in Jamaica, for reasons given in
preceding. [C.O. 138. 14. pp. 32-35.]
[Aug. 0.] 439. Planters and Merchants concerned in Jamaica to the
Council of Trade and Plantations. We consider the above Act
is for the general good of Jamaica, etc. Signed, Gilbert Heathcote
and 17 others. Endorsed, Reed. Read Aug. 6th, 1713. 1 p.
[C.O. 137, 10. No. 25.]
Aug. 0. 440. Major General Handasyd to the Council of Trade and
Gayns. Plantations. Reply to July 31st. Refers to his letters and Minutes
of Council and Assembly of Jamaica, 1711. The Act of Jamaica
for 'preventing any one person etc. was lookt upon by everybody to
be designed by ye then Assembly against Mr. Rigby, who did not
execute his offices, but however was to be concluded by it. I did
never approve the Act in my own judgment, and much less ye
manner in which it was first brought upon ye stage, which was
by tacking it to a mony bill, and which was carried in ye Assembly
but by ye Speaker's voice, who was yn. Mr. Beckford. The same
Assembly voted that they had a right of adjourning themselves
as they thought fitt ; and they were about yt. time in such heats,
yt. I could not but be apprehensive yt. I should not be able to
induce them to provide for ye Regiment, and other necessary
supplyes for ye Government, if I had not gratifyed them with
this bill, and which ye Council as well as myself determin'd to do,
provided they desisted from their pretence of tacking, and I
thought it more for H.M. service to pass this bill att ye time,
which would be afterwards submitted to H.M. pleasure to approve
or disallow, then to dissolve ye Assembly, before ye Government
was in some measure provided for, and which I immediately
thought necessary afterwards, lest some few men who had often
endeavoured to give disturbance to ye Government, and thought
they had yn. got power into their hands, after their vote of
adjourning, should make farther attempts upon H.M. royal
prerogative. It was with ye unanimous advice of ye Council yt.
I first admitted Mr. Rigby etc. I never heard any complaints
against him, but think he deserved well of the Government on
all occasions ; and I am apt to beleive ye opposition he has met
with, has been upon yt. account cheifly, etc. Signed. Tho.
Handasyd. Endorsed, Reed. 10th, Read llth Aug. 1713.
Addressed. Postmark. 2 pp. [C.O. 137, 10. No. 26 ; and
138, 14. pp. 36-39.]
Aug. 6. 441. Mr. Attorney General to the Council of Trade and
Plantations. In obedience to your Lordps.' commands, I have
considered of the enclosed accot. of escheats with the Lord
A. Hamilton's observations thereon, and I do most humbly
certifie that by an Act passed Nov. 21, 1703, for raising a revenue
to H.M. etc. it is provided that as well H.M. quit-rents fines
forfeitures and escheats arising within the Island of Jamaica as
the impost and revenue thereby granted shall be applyed and
appropriated to the support of the Government of that Island
AMERICA AND WEST INDIES.
217
1713.
Aug. 7.
Whitehal.
Aug. 7.
Corko.
and the contingent charges thereof, and to no other use intent
or purpose whatsoever, but not to lessen H.M. power of pardoning
and remitting such fines and forfeitures, and 1250 thereof pr.
ami. is appropriated for the fortifications. As to the new Instruc-
tion of Feb. 19, 170 to the Governor restraining him from selling
escheats till an account thereof shall be transmitted to Britain
and directions recvd. from thence, I can not say anything concern-
ing that complaint, which occasioned it, or how that complaint
was supported, having 110 account of it, except what appears in
the order, by which it appears to have arisen from persons,
whose titles had been questioned on such writs of escheat and
avoided, their complaints being as stated in that Order, that
their titles to their lands and negroes had been so questioned,
notwithstanding they had held and enjoyed the same many years,
which if without title, as by the determinations on those writs it
appears to have been, it was not a disturbance or oppression but a
just prosecution for the rights of the Crown. Another greivance
was that when the title of the Crown had been established, the
escheated estates had been granted to the prosecutors and
informers, which I think also not an objection, for they that had
discovered the title of the Crown had reason to have a preference
in purchasing the same, which could not by the Act mentioned in
the state be for less than they were valued at by the jury finding
the escheat. And in regard the profits of those escheats are by
that Act (approved by H.M.) appropriated for supporting the
Government of that Island, which by the representation is stated
not to be sufficient for that purpose, I do not see any objection
against altering that Instruction, and permitting the Governor to
sell from time to time as he is allowed to do by that Act which
hath been confirmed, he being satisfied that the value found is a
reasonable value and remitting accounts thereof from time to
time to H.M. Signed, Edw. Northey. Endorsed, Reed. 6th
Aug. 1713, Read 28th Jan. 17}. If pp. Enclosed,
441. i. An account of escheats in Jamaica with Governor Lord
Archibald Hamilton's observations thereon. Copy. 25
pp. [C.O. 137, 10. Nos. 39, 40 : and (without enclosure)
138, 14. pp. 67-69.]
442. Mr. Popple to Sir E. Northey. Desires his opinion in
point of law upon the Act of Jamaica declaring what persons shall
be qualify'd to sit in Assembly, etc. [C.O. 138, 14. <p. 36.]
443. Governor Nicholson to the Earl of Dartmouth. Encloses
receipts for letters left at Kinsale for Lt. Col. Moody, (v. July
11), etc. Continues: We have had for tenn dayes past very
stormy and rainy weather which to my great sorrow has hindred
our saileing. I hope the weather is changed, soe yt. wee may
saile, for it is a very great trouble to me that H.M. hath been at
the charge of a niann of warr and of my commission for above
six months and that wee have got noe farther, but I shall
endeavour God willing to retrieve the time, by makeing all the
dispatch possible, etc. I am heartily sorry that Col. Moody hath
218 COLONIAL PAPERS.
1713.
been detained soe long, for 1 fear that he will come late upon the
coast of Newfoundland, and if the winter should sett in soon
as sometimes it doth, that they will find it difficult to get to
that countrey, therefore I hope he will make but very little stay
here. I will endeavour what I can to meet him at Placentia,
this winter after please God I have been at Annapolis Roy all,
etc. Signed, Fr. .Nicholson. 1| pp. Enclosed,
443. i., ii. Governor Nicholson's orders for clothes for the four
Independent Companies at Placentia, Aug. 4, 1713.
443. iii., iv. John Netmaker's accounts etc. of above.
443. v., vi. Correspondence between Governor Nicholson and
Col. Henry Hawley, Lt. Governor of Kinsale. relating to
above and some deserters. 8 pp. in all.
443. vii. Col. Hawley's receipt for a letter to M. de Vaudreuil
to be delivered to Col. Moody. Cork, July 30, 1713.
Copy. 1 p. [C.O. 5, 9. Nos. Ill, 112 i.-v., 120.]
Aug. 8. 444. Order of Queen in Council. Repealing Act of Jamaica
Hampton Court, to prevent any one person from holding two or more offices of profit
in this Island. Signed, Christo. Musgrave. Endorsed, Reed.
14th Aug., Read 16th Dec., 1713. l pp. [C.O. 137, 10. No.
32 ;. and 138, 14. pp. 50, 51.]
Aug. 8. 445. Order of Queen in Council. Referring following to the
Hampton Court.Council of Trade and Plantations for their report. Signed
Christo. Musgrave. Endorsed, Reed. Sept. 2, Read Nov. 26. 1713.
\l -pp. Enclosed,
445. i. Petition of Capt. Cyprian Southack to the Queen.
Prays for payment of the Province galley for the
expedition to Canada, etc. v. A.P.C. II. No. 1190.
Copy. If pp. [C.O. 5, 866. Nos. 8, 8 i. ; and 5,
913. pp. 455-459.]
Aug. 8. 446. Order of Queen in Council. Appointing Edmond
Hampton Court. Berkley and William Cocke to the Council of Virginia. Signed,
Christo. Musgrave. Endorsed, Reed. Sept. 30, 1713, Read June
7th, 1714. 1$ pp. [C.O. 5, 1316. No. 109 ; and 5, 1364. pp.
43, 44.]
Aug. 10. 447. Governor Douglas to [? the Earl of Dartmouth]. I
From Antigua, received H.M. orders to return forthwith to England, on the 7th
instant, and am ready to obey all orders from H.M., and your
Lordshipp, and design to embark in the first shipp for Great
Brittaine ; my family is at this time very sickly, but that shall
not delay my return. I wish I durst beseech your Lordshipp to
suspend your censure of me, till I see my accusers face to face, and
have an opportunity to justifie my conduct, for what won't
those invent, that I have discharg'd of their places for mis-
demeanors, what won't they say, that pretend to my post, and
what may not I expect from those, that I have sent home to receive
condign punishment for their treasons and murders ? I am but
AMERICA AND WEST INDIES.
219
1713.
too sensible, that they have informed the Lords of the Couneill
of vast sums of mony that I have raised, but I hope to satisfie
your Lordshipp, that I am as innocent as poor, for anything I
have acquired in this part of the world. Signed, Walter Douglas.
1 p. [C.O. 7, 1. No. 22.]
Aug. 11.
Treary.
Chambers.
Aug. 12.
Whitehall.
448. T. Harley to the Council of Trade and Plantations.
Some of the disbanded officers and soldiers, who propose the
making of a settlement in North America, having been before my
Lord Trearer., and offered to go and settle there in case they be
paid a years pay according to the station they acted in when
disbanded ; his Lordp. returns your former report etc., and desires
you will consider this affair upon the foot of the peticoners' last
proposicon, etc. Signed, T. Harley. Endorsed, Reed. 13th,
Read 14th Aug. 1713. 1 p. Enclosed,
448. i. Duplicate of Council of Trade's Report, July 13th.
448. ii. Memorial of disbanded officers to the Lord High
Treasurer. " The memorialists having consider 'd that
going to Nova Scotia will be of farr greater advantage
to the Govermt. then where before has been propos'd,"
offer to do so, with 500 privates, if one year's pay be
advanced (8362 17s. 10d), and they be exported at
H.M. charge with arms, ammunition and all manner of
utensils fit for a plantation, and be granted 30,000 acres
of land, etc. Signed, John Evance, Will. Bowen, John
Lewis, Jno. Coleman. William Armstrong. Endorsed,
R. July 24, 1713. I p.
448. iii.-v. Duplicates of disbanded soldiers' proposals to
Council of Trade. [C.O. 217, 1. Nos. 10, 10 i.-v. ; and
(without enclosures] 218, 1. p. 80.]
449. The Earl of Dartmouth to the Council of Trade and
Plantations. The Queen having been pleased to appoint Walter
Hamilton Esq. to be Governor of the Leward Islands in the room
of Colonell Douglass, you are to prepare his Commission and
Instructions as usual. Signed, Dartmouth. Endorsed, Reed.
Read 14th Aug.. 1713.
12. p. 104.]
1 p. [C.O. 152, 10. No. 6; and 153,
Aug. 13.
St. James's.
Aug. 13.
St. James's.
450. Warrant from the Lords Proprietors of Carolina to
Francis Brooke, Surveyor General of North Carolina, to set out
for Charles Eden, Governor of North Carolina, 1000 acres of land,
with a quit-rent of 10 shil. a year. Signed, Beaufort, Carteret,
Ful. Skipwith, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290.
p. 67 ; and 5, 291. p. 29].
451. Warrant from the Lords Proprietors of Carolina to
Daniel Richardson, Receiver General of North Carolina, to pay
to Governor Eden 300/. per annum current money by quarterly
payments, as a salary, etc. Signed as preceding. [C.O. 5, 290.
p. 68 ; and 5, 291. p. 30.]
220 COLONIAL PAPERS.
1713.
Aug. 16. 452. H.M. Warrant to Mr. Attorney or Sollicitor General
Windsor Castle, to prepare a bill for H.M. signature appointing William Forbes
Provost Marshal General of Barbados, to enjoy the same by
himself or his sufficient deputy or deputies (who shall be resident
upon the said island and for whom he shall be answerable)
during our pleasure with all fees etc. thereunto belonging in as
full and ample a manner as Erasmus Lewis, etc., and revoking
the letters patents granted to Lewis, etc. [C.O. 324, 32. p.
230.]
Aug. 17. 453. Lt. Governor Spotswood to the Council of Trade and
Virginia. Plantations. In pursuance of your Lordps'. commands of 8th
May, I have appointed the tenth of next moneth for the solemn
publication of the Peace throughout this Colony, and for a general
thanksgiving for the same. I have also presum'd in conjunction
with the Council to address H.M. on this happy occasion, etc.,
and have desired Col. Blakiston our Agent to wait on your Lordps.
for your directions in the manner of presenting it to H.M. Your
Lordps. will observe that there are but six of the Council sub-
scribing that Address ; occasioned by the absence of Col. Jenings
and Col. Ludwell in England, and the remoteness of two others of
that Board, who rarely attend except at General Courts and
Assemblys. The small number to which the Council are now
reduced will I hope prevail with your Lordps. to move H.M.
to fill up the two vacancys, by restoring Coll. Bassett to his former
rank at that Board (which hath hitherto hindered his acting in
that station) and by adding Mr. William Cocke (the Secretary)
according to my former recommendation. In a letter to your
Lordps., March 6, 1710, soon after I had put in execution H.M.
Instruction concerning the granting of land, I took the liberty
to represent to your Lordps. the case of those who had taken
up and surveyed land before the death of Governor Nott upon
the faith of the Acts of Assembly, and the continued practice
then in force, and before the alteration of the conditions of cultiva-
tion had been publickly notify'd, whose patents were stop'd upon
a subsequent order. The pretensions of those persons being by
that Proclamation reserved to them untill H.M. should signify
Her pleasure upon what terms their land should be granted, I
beg leave to renew my applications to your Lordps. in their behalf,
not only in regard great part of such lands remain uncultivated
for the benefite of the claimers but more especially that the quitt-
rents thereof are lost to H.M. untill patents are granted. I shal
not here repeat what I formerly represented etc. : but as I
inform 'd your Lordps. that even at that time, neither the claimers
nor the quantity of land claim 'd under that circumstance were
considerable ; so I now assure your Lordps. both are much
lessen'd since ; divers patents having been taken out for the same
lands on the new tearms ; and therefore I must again with all due
submission, offer my opinion that the few that remain be gratify'd
with patents upon the old terms of seating and planting. This
favour if granted, will without much prejudice to H.M. intentions,
be a great means to quiet the people in relation to the new tenure
AMERICA AND WEST INDIES.
221
1713.
Aug. 17.
Custom ho.
Bristoll.
Aug. 18.
Whitehall.
Aug. 18.
Whitehall.
introduced by the late Instructions, and prevent that clamour
and uneasiness which the populace are apt to fall into, from a
reflection on private disappointments, without considering the
publick benefite of the country intended thereby, of which they
have but a remote and imperfect view. Signed, A. Spots wood.
Endorsed, Reed. 5th Nov., 1713, Read 3rd May, 1716. 2 pp.
Enclosed,
453. i. Address of the Lt. Governor and Council of Virginia to
the Queen. We humbly beg leave to send from these
distant parts of your Empire, unfeigned congratulations
upon the conclusion of a glorious war, which your
Majesty hath now crowned with an honourable and
advantageous Peace. None of your Majesty's people
can more truly rejoice at this happy Peace, than your
Virginia subjects, who have of late years laboured under
such discouragements in their only staple commodity,
that nothing less than Peace, with your Majesty's
compassionate regard to the trade and circumstances
of this Colony can give them any hopes to repair what
they have suffered during so long and burdensome a war.
As this Government at present enjoys the happiness of
a general calmness in men's minds here, we shall use
our utmost endeavours to preserve the same, and whilst
we are cultivating the arts of Peace, shall think it our
bounden duty to pray for that sacred person who next
under God procured us the blessing. Virginia, Aug. 12,
1713. Signed, A. Spotswood, Robert Carter, James
Blair, Hen. Duke, John Smith, John Lewis, W. Byrd.
Same endorsement. 1 p. [C.O. 5, 1317. Nos. 19, 19 i. ;
and (without enclosure) 5, 1364. pp. 272-276.]
454. Officers of the Custom House, Bristol, to the Council of
Trade and Plantations. Enclose following. Signed, J. Reynardson,
Jno. Elbridge. Endorsed, Reed. Aug. 21st, 1713, Read Feb.
9th, 17}|. Addressed, f p. Enclosed,
454. i. List of ships (3) cleared from Bristol, to the Fishery
at Newfoundland. June 24, 1712-1713. 1 p. [C.O.
194, 5. Nos. 30, 30 i.]
455. Circular letter from the Earl of Dartmouth to the
Governors of the Plantations, etc. H.M. having thought fitt to
remove me from the office of Secretary of State in which I have
had the honour to serve her above three years, and to constitute
me Keeper of the Privy Seal, I think myself obliged before I leave
this place to return you my hearty thanks for your regular corres-
pondence, and to assure you that in every station of life, I shall
unalterably be, Sr., your most humble servant, Signed D., C.P.S.
[(7.0. 324/32. p. 231.]
456. Same to Governor Lord A. Hamilton. Begins as pre-
ceding. Concludes : Notwithstanding the great difficulties which
attend a Plantation Government, your Lordp. has carry'd yourself
222
COLONIAL PAPERS.
1713.
Aug. 19.
Aug. 19.
Whitehall.
without reproach, and I have not heard the least complaint of
your conduct in anv respect, etc. Signed, Dartmouth, C.P.S.
[C.O. .324, 32. p. 232.]
457. Mr. Solicitor General to the Council of Trade and Plant-
ations. I have considered the Act of Barbados to enable the
executor of Joanna Parris to sell lands, etc. (v. July 23, 24) ; and
tho' this Act is not drawn as such Acts are usually drawn in
England, such acts here usually vesting the lands in the person
who is to sell, and this act only giving the party a power so to do,
and tho' the sale is to be made by a feme covert, yet I take it it
will be sufficient in an Act of Assembly, which is of the same
effect there, as an Act of Parliamt. here ; therefore I have no
objeccon in point of law agt. H.M. confirming the said Act, etc.
Signed, Rob. Raymond. Endorsed, Reed. Aug. 25, Read Oct.
15, 1713. 1 p. [C.O. 28, 14. No. 8 ; and 29, 13. pp. 77, 78.]
458. Council of Trade and Plantations to Governor Hunter.
Enclose Attorney General's reports upon queries in letter of June
llth, q.v. [C.O. 5, 1123. p. 127.]
[Aug. 19.] 459. Disbanded Officers and Soldiers to the Council of Trade
and Plantations, (cf. Aug. 11). New proposals for going to Nova
Scotia at H.M. expense. Total, estimated cost, 15,957 9s. 10<7.
Endorsed, Reed. Read Aug. 19, 1713. 1 p. Enclosed,
459. i. Estimated cost of necessary utensils in detail. Total,
(included in preceding estimate), 1699. If pp. [C.O.
217, 1. Nos. 11, 11 i.]
Aug. 20.
Treary.
Chambers.
460. T. Harley to the Council of Trade and Plantations.
Encloses following, to be considered with papers sent on Aug. 1 1
q.v. Signed, T. Harley. Endorsed, Reed. 20th, Read 21st Aug.
1713. I p. Enclosed]
460. i. Thomas Goram to the Lord High Treasurer. The last
time I had ye honour to speak to your Lordship, on
behalf of ye disbanded soldiery, you were pleased to
intimate yt. they could not agree among themselves ;
My Lord, they are all very desirous and unanimous
to settle (if they might) ye waste land petitioned for,
wch. would be of great importance to ye Crown as well
as a general benefit, by increasing our Navigation and
ye export of our woollen and other manufactures, and
many other ways advantageous, as I am (wth. humble
submission to better judgment) well assured, from ye
experience I had ten years together in North America,
where I went from hence a Faithful Factor for ye late
Mr. Thomas Hunt, before he fell into his misfortunes,
and for other principal merchants, to advance ye ship
building in those parts. I being sensible how far H.M.
waste lands there might be made advantageous to
ye Crown and nation if settled in a right method by ye
disbanded soldiery, who will otherwise be a burthen to
AMERICA AND WEST INDIES. 223
1713.
this Kingdom, was thereby moved (and encouraged to
it by Genera] Nicholson) to set ym. upon petitioning
H.M. for their being settled upon that part not yet
inhabited, joyning on one side to New England, and
on ye other side to Nova Scotia, which land to be
settled is ye only part wanting to compleat ye settling
H.M. Empire throughout on ye sea-coast fifteen hundred
miles in length, and be one of ye glories of H.M.
reign, by finishing that wch. was began in Queen
Elizabeth's reign. The honble. Board of Trade and
Plantations made a very favourable report to your
Lordsp., for ye settling that land ; but afterwards one
or more of that Board objected against that settlement,
on account of ye expence, and propos'd Nova Scotia.
Upon which there were some amongst ye soldiers yt.
were willing to go there for one year's pay, without any
farther view than getting a present supply for their
pressing necessities ; That occasioned ye disagreement
your Lordsp. spoke of ; by reason it is not practicable
for such indigent persons as they are to do ye Crown
or themselves any real service upon that scheme ; But
such is their necessities, yt. they are willing to accept
of anything to prevent starving ; they, for ye most
part, having no title to half -pay, nor hopes of any benefit
from ye Act of Parliament lately made in favour
of ye Soldiery. It was I, my Lord, yt. put these men
upon petitioning for that settlement, and have for more
than five months past, been at great pains, and some
charges, to put ym. in a way yt. they and their posterity
may be happy, and ye Crown and nation have an
advantage from their being well settled, etc. There are
enough of ym. to strengthen Nova Scotia, and to settle
ye land petition'd for, which they would gladly have
annexed to Nova Scotia, or put under ye Government
of it. Proposes that the Lord Treasurer should sanction
a general collection of voluntary contributions for
their settlement, as was granted for the Palatines, who
were not in worse circumstances, than most of these
disbanded soldiers, who faithfully served H.M. in ye
war, etc. I am assured by some persons of character
there would be money enough given to settle all the
distressed soldiers on the desired settlement without
any charge to ye Crown. I most humbly beg leave to
assure yr. Lordship it was with a design of doing good
service to H.M., and for a general benefit, that I presumed
to concern myself to promote this matter, and shall be
glad to be an instrument of having that waste countrey
settled with so many distressed families, comfortably
provided for in it by ye fishery, and by their raising
hemp and other naval stores we depend on from ye
Northern kingdomes, in such a manner as may render
Nova Scotia, with ye land petitioned for, ye most
224 COLONIAL PAPERS.
1713.
advantagious to Great Britain of any part of North
America. A map whereof is now with me to shew (if
your Lordship will permit) ye convenience and advantage
of this opportunity to settle it, etc. Signed, Thomas
Coram. Endorsed, to Commrs. for Trade. 2 large pp.
[C.O. 217, 1. Nos. 12, 12 i. ; and (without enclosure} 218,
1. p. 81.]
Aug. 21. 4(5'' . Council of Trade and Plantations to the Queen. Enclose
Whitehall, draught of Commission and Instructions in the usual form,
for Walter Hamilton to be Governor of the Leeward Islands.
(v. Aug. 14). And whereas there are several vacancies in the
Councils of the said Islands, by the death or removal of several
of the members thereof to other places, vizt. at Nevis three, at
St. Christors. five ; at Antegoa one, and at Montserrat five we have
left blanks in the said draught of Instructions for the names of
such persons as your Majesty shall think fit to appoint, etc.
Recommend for Nevis, Michael Williams, John Choppin, and
Joseph Symonds ; for St. Christophers, Ralph Willet, John
Duport, Clemt. Crook, Wm. Woodrop, and John Garnet ; for
Antegoa, Tho. Williams ; for Montserrat, Jno. Bramble, Anth.
Ravell, Anth. Fox, Wm. White and James Crookshanks, clerk.
Mem. The Commission and Instructions never passed. [C.O.
153, 12. pp. 105, 106.]
Aug. 21. 462. Lords Proprietors of Carolina to Ch. Harte. It being
represented to us some time since that very great wrongs and
injuries were done to us by the illegal and exorbitant grants of
lands in our Province of South Carolina, whereby we were induc'd
to issue out our orders, that no other land should be sold in that
Colony but such as should be directed by our special warrants,
sign'd at our Board in London, yet the inhabitants of our said
Province having earnestly applied themselves to us that this our
order might in some measure be repeal'd and revok'd, and we
being willing to grant their request, and to give all due encour-
agemt. to such persons as shall come to settle themselves in that
part of our Province aforesaid. We do agree that the said
order should be repeal'd, and we do hereby consent that warrants
may be issued out of our Secretary's office in South Carolina, for
the grant of lands according to the accustomed rates and usage
of our said Province, provided that such grants shall not exceed
500 acres of land to any one purchaser, and that every 500 acres
shall be rated proportionably to the value of 10 sterl. of the
current money of Great Britain. Mem. The usual and accus-
tomed chief rents, vizt. of 12 pence for every 100 acres of land
which shall be sold, must be reserv'd to be yearly paid by the
purchasers, to the Lords Proprietors, their heirs and assigns for
ever. Signed, Beaufort, Carteret. M. Ashley, J. Colleton. J.
Danson. [C.O. 5, 290. pp. 69, 70.]
Aug. 22. 463. Warrant from the Lords Proprietors of Carolina granting
leave of absence to Nicholas Trott, Chief Justice of South
AMERICA AND WEST INDIES. 225
1713.
Carolina, with full salary, the Governor to appoint a Judge of
Common Pleas, etc. in his absence. Signed, Beaufort, Carteret,
Ful. Skipwith, M. Ashley, J. Colleton, J. Danson. [C.O. 5. 290.
pp. 70, 71.]
Aug. 24. 464. Governor Dudley to the Council of Trade and Planta-
Boston, tions. My last letters were 1st Dec., 1712, etc.. since which I
' have no commands from your Lordships. Encloses Acts, Minutes
of Council, etc. Continues : These Provinces have been very
happy in the Cessation lately publish'd by H.M. commands,
and we are dayly waiting H.M. order for the publication of the
Peace, which her Majesty has so hapily brought to pass to the
benifit of all Europe as well as all the provinces in America. Ever
since the Cessation I have been sollicited by all the Eastern
Tribes of Indians to accept of their submission, and return
to their obedience to H.M., which was performed twenty dayes
since, the Sachems and delegates of the Indians attended me att
Piscataqua, in Newhampshire, and acknowledged their breach of
faith, in their rebellion, and again renewed their assurances of
obedience to H.M., and the Brittish Goverments here. The
articles are amongst the papers, and are humbly submitted to
H.M. I am humbly wayting H.M. orders referring to the English
prisoners yet left in Quebeck, and the French King's orders for
their delivery to such persons as shall be sent from hence. I am
fearfull it will come so late that I shall not be able to perform it
this year, for that no vessell that goes from hence after the last of
September will be able to return before winter, however I shall
loose no time after I have the order. The Generall Assembly
of both the Provinces have addressed H.M. upon the Peace and
are sensible of H.M. princely regard to all Her good subjects
in North America in securing Newfoundland, Nova Scotia, and
the Bay of Fundet to the british interest. I humbly acquainted
your Lordships some time since of the misunderstanding between
Conecticut Colony, and this Province referring to the dividing
line set in their grants from the Crown, and that Road Island
Goverment had submitted to the line stated before their grant.
Since which this present year in July last, the gentlemen in
the Goverment off Conecticut Colony, have agreed the stating
of the line between this Province, and themselves, and it is ended
to mutuall satisfaction, and off record in both the Goverments,
which will take away the petty quarrels between the inhabitants
dwelling close upon the dividing line, between the Goverments,
which has been troublesome heretofore. Signed, J. Dudley.
Endorsed. Reed. 12th Nov.. 1713, Read 2oth June, 1718. 2 pp.
Enclosed,
464. i. Copy of the agreement between the Commissioners of
the Province of the Massachusetts Bay and the Colony
of Connecticut, 13th July, 1713. (1) That the dividing
line between the aforesaid Province and Colony take its
commencement from the antient station of Woodward
and Saffery, and that a west line be run from thence
according to the direction in the Royal Charter to the
Wt. 5622, C.P. 15.
226 COLONIAL PAPERS.
1713.
late Colony of the Massachusetts Bay, which line so
far as there are any settlements, is to be run adjusted
and determined by suitable persons appointed by each
Government for that purpose within the space of twelve
months etc., and afterwards to be further continued to
the full extent as the Governments shall direct. (2)
That the town of Woodstock granted 1683, laid out,
planted and established by the Government of the
Massachusetts, and at their very great cost and charge,
defended thro' the course of a long destructive war ;
and the township of Symsbury granted in 1670, laid out
planted and established by the Government of Connecti-
cut, do remain entire to the respective Governments by
which they were granted, both as to property and
jurisdiction, notwithstanding any intersection that may
be made in either of them by a new running or stating
of the line. (3) That the interfering betwixt the towns
of Symsbury and Suffield, upon the S.W. corner of
Suffield be reformed and that the notch of land in the
S.W. corner of Suffield of the content of about two mile
and an half near on the square not allotted out or
improved by Suffield, but under some improvement by
Symsbury be accounted part of the said town of Syms-
bury. That a west northerly line be drawn from a large
white oak markt tree standing on the bank of the west
side of Connecticut River, two or three rods from the
same, and about half a mile below the Island near the
foot of the falls in the great river being the S.E. corner
of Suffield bounds as formerly laid out vizt. 304
rod southward from the mouth of Stoney Brook, to
extend to Symsbury easterly bounds, so as to faU 216
rod to the northward of the intersection of Suffield
south line lately run by Messrs. Partridge Parsons and
Porter with the easterly line of Symsbury.. This to
be the dividing line betwixt the town of Suffield to con-
tinue within the jurisdiction of the Massachusetts, and
the town of Windsor to continue within the jurisdiction
of Connecticut. And that for what land shall be wanting
to make the town of Suffield six mile square an equivalent
be made 'em according as is hereinafter agreed. (4)
That the town of Enfield granted and established by the
Government of the Massachusetts do entirely remain
within the jurisdiction of that Government according
to their grant etc. That the town of Windsor extend
north to the bounds of Enfield. Fit persons to be
appointed to run adjust and determine the lines between
the aforesaid towns as is herein agreed, so always that
in running the south line of Enfield its humbly proposed
to the Honourable the Governor and Council of
Connecticut to allow a favourable construction of the
grant of Enfield to contain six miles in breadth, which
if that cannot be obtained, then to be run upon a
AMERICA AND WEST INDIES. 227
1713.
straight line according to the general course of the
river. That the several tracts of land lying near to,
or bordering upon the line formerly granted and laid
out to Joseph Dudley, William Stoughton, Robert
Tompson, Esqrs., Sir Richard Saltonstall, Robert
Saltonstall, John Pyncheon, Thomas Clark, Esqrs.
Elisha Hutchinson. William Whiting Esqrs., and to
other particular persons, by the respective Governments
of the Massachusetts or Connecticut shall be held by
such grantees respectively their heirs and assigns forever
according to the priority of their grants altho upon the
new running of the divisional line it shall appear any of
the sd. lands lay not within the jurisdiction of the
Government by whom granted ; and shall be confirmed
to such grantees their heirs and assigns by the Governmt.
within which they fall, that no persons be prejudiced
in their improvements. Governors Dudley and Salton-
stall and the present Commissioners to hear and
determine any challenges by private persons made
within the next twelvemonths, etc. Where any towns
or particular persons by reason of any concessions herein
made, or a new stating of the line, shall be cutt short or
lessened in the quantity of their grants etc., an equivalent
shall be made of a like quantity of ungranted lands, etc.
Signed, Elisha Hutchinson, Isa. Addington, William
Pitkin, William Whiting. Endorsed as preceding . 6| pp.
464. ii. Account of stores of war in H.M. Fort William and
Mary, Newcastle in Newhampshire, 24th June. 1713.
I p.
464. iii. Account of stores of war in New Hampshire 24th June,
1712-1713. 2 pp.
464. iv. Account of powder expended at Fort William and
Mary, 24th June, 1712-1713. Endorsed as letter. p.
464. v. Account of stores of war at H.M. Fort at Marblehead,
New England, 24th June, 1713. Endorsed as preceding.
I p.
464. vi. Account of powder expended at Marblehead, 24th
June, 1712-1713. p.
464. vii. Account of stores of war expended at Castle William,
Boston, 24th June, 1712-1713. 1 p.
464. viii. Account of stores of war at Castle William, 24th June,
1713. 1 p.
464. ix. Account of stores of war at Fort Anne, Salem, 24th
June, 1713. 1 p.
464. x. Proclamation by Governor Dudley, by and with the
advice of the Representatives of the Massachusetts Bay,
for the more strict observance of the Act for ascertaining
the rates and value of foreign coins within H.M. Plantations.
Boston, 8th Nov. 1712. Signed, J. Dudley. Same
endorsement. Printed by B. Green etc. 1 p.
464. xi. Proclamation by Governor Dudley, with the advice of
H.M, Council, for the arrest of deserters, and infliction
228 COLONIAL PAPERS.
1713.
of the utmost penalties on all who shall harbour them
etc., " H.M. fleet and forces being sail'd this day on the
design 'd expedition against Canada ; and notwithstand-
ing the warrants, proclamations etc., there are several
sailers, marines and souldiers of H.M. British troops
that have deserted, not yet taken up " etc. Boston,
30th July, 1711. Signed, J. Dudley. Printed as
preceding. 1 p.
464. xii. Proclamation by Governor Dudley, by and with the
advice of the Council. Whereas Mary Nicholton, a ser-
vant woman in the family of Captain Thomas Matthews
in Boston, was missing from her master's house for two
days 17th Jan. last, and found murdered upon the flatts
on the south side of King Street pier in Boston near the
stern of the Success man of war etc., and writing without
name having been taken up in the street, intimating
the writer's knowledge of the place where she was
concealed, the writer of the said paper and all others
who can give information are hereby directed to give
information of what they know etc. 9th Feb. 1712,
Roxbury. Signed, J. Dudley. Printed as preceding.
1 p. [C.O. 5, 866. Nos. 149, 149 i.-xii. ; and (without
enclosures] 5, 915. pp. 122-125.]
Aug. 24. 465. Mr. Addington to Mr. Popple. Encloses Journal of
Boston; Assembly Aug.-Jan. 1712, Minutes of Council, June-Nov. 1712,
and Acts etc. 1711-1713. Continues : H.M. Royall Proclamation
for publishing the Peace, being newly arrived, was solemnly
published here this day, with the usual acclamations and demon-
strations of joy and fireing, etc. Signed,, Isa. Addington.
Endorsed, Reed. 12th Nov., 1713. Read 25th June. 1718. 2pp.
[C.O. 5, 866. No. 150 ; and 5. 915. pp. 126, 127.]
Aug. 24. 466. Governor Dudley to the Earl of Dartmouth. Refers
Boston, i o letter of April 8th, and " hopes of a perfect peace, which we are
dayly advised off by private letters, but yet want H.M. commands
to make it publique, and demand our prisoners att Mr. Voderil
hands yet remay[?i]mg in Queebek and the French settlements in
Canada. The Eastern tribes of the Indians have absolutely and
intirely submitted themselves to H.M. disposall as by the inclosed
articles your Lordship will see, which being an originall I humbly
pray your Lordship may be seen by my Lord Treasurer, and it is
as your Lordship will see in the last article intirely submitted to
H.M. farther direction. Mr. Dummer presents your Lordship
with the seal of the Indian articles. I have sent away out of these
Goverments, every French man prisoner, or others that were
delayed upon the account of the warr, and hope I shall obtain the
English prisoners yet remayning in French hands, so soon as I have
the French King's orders to Mr. Voderil to send with Commis-
sioners from hence to receive them. The other papers from these
Provinces are covered to the Board of Trade," etc. Signed, J.
Dudley. 1 p. [(7.0.5,751. No. 84.]
AMERICA AND WEST INDIES. 229
1713.
[Aug. 24.] 467. Enclosed in preceding :
The Submission and Agremt. of ye Eastern Indians, Ports-
mouth, New Hampshire, July 13, 1713. Whereas for some
years last past wee have made a breach of our fidelity and
loyalty to the Crown of Great Britaine and have made open
rebellion against H.M. subjects the English inhabiting in ye
Massachusets, New Hampsheire and other H.M. territories
in New Engld., and being now sensible of ye miseries wch. we
and our people are reduced unto thereby, we whose names are
hereunto subscribed, being delegates of all the Indians belonging
to Norrigawake, Narakamegock, Amasaconteog, Pigwocket,
Penecook, and to all other Indian Plantations, scituate on the
rivers of St. Johns Penobscot, Kenybeck, Amascogen, Saco
and Merimack and all other Indian Plantations lying between
the sd. rivers of St. Johns, and Merimack, parts of H.M. Provinces
of the Massachts. and New Hampshire within H.M. soveraignty,
haveing made application to H. E. Joseph Dudley Esq. Captn.
Generll. and Governor in chief in and over the sd. Provinces,
that the troubles, wch. we have unhappily raised, or occasioned
agt. Her Majties. sd. subjects ye English, and ourselv's may cease
and have' an end, and yt. wee may againe enjoy H.M. grace and
favor, and each of uss respectively, for ourselves and in ye name
and wth. ye free consent of all the Indians, belonging to ye severall
rivers and places afforesd. and all other Indians wthin. ye
said Provinces of and from Merrimack River unto the most
eastermost bounds of the said Provinces of ye Massach. Bay and
New Hampshire, hereby acknowledging ourselv's . the lawfull
subjects of our Soveraign Lady Queen Anne, and promising our
hearty subjection and obedience unto the Crown of Great Britaine,
doe solemnly Covenant promise and agree, to and wth. the sd.
Joseph Dudly Esq. Govornr., and all such as shall hereafter be in
the place of Captn. Generll. and Govor. in chief of ye. sd. Provinces
or Teritories on H.M. behalfe in manner following, that is to say,
that at all times for ever from and after ye date of these presents :
we will cease and forbearc all acts of hostility towards all the
subjects of the Crown of Great Britaine and not offer the least hurt,
or violence to them or any of them in theire psons or estates, but
will henceforward hold and maintaine a firm and constant amity
and friendship wth. all the English and will never entertaine any
treasonable conspiracy wth. any other nation to their disturbance.
That H.M. subjects the English shall and may peaceably and
quietly enter upon improve and for ever enjoy all and singular
theire rights of land and former settlements, properties and
possessions within the Eastern parts of the said Provinces of ye
Massachts. Bay and New Hampshire, together wth. all Islands,
Islets, Shores, Beaches and Fishery within the same without any
molestation or claime by us or any other Indians, and be in no
waies molested interrupted or disturbed therein : Saveing unto
the said Indians theire own grounds and free liberty of hunting,
fishing, fowling and all other theire lawfull liberties and priveledges
as on the eleventh day of August in the yeare of our lord God one
thousand six hundred and ninety three. That for mutuall safety
230 COLONIAL PAPERS.
1713.
and benifit, all trade and commerce which hereafter may be
allow'd betwixt the English and Indians shal be only in such
places and under such mannagmt. and regulations as shall be
stated by H.M. Govermts. of the sd. Provinces, respectively.
And to prevent mischiefs and inconveniencies : the Indians shall
not be allowed for the present : and imtill they have liberty
from the respective Governmts. to come neare to any English
Plantations or Settlemts. on this side Saco River. That if any
controversie or difference at any time hereafter happen to arise
betwixt any of the English or Indians for any real or supposed
wrong or injury don on the one side or the other, no private
revenge shall be taken by the Indians for the same, but proper
application shall be made to H.M. Governmt. upon the place for
remedy thereof, in due course of Justice, we hereby submitting
ourselv's to be ruled and governed by H.M. laws and desier to
have the protection and benefit of the same. We confess that
wee have contrary to all faith and justice broken our Articles
with Sr. Wm. Phips Governor made in the yeare of our Ld.
God 1693, and wth. the Earl of Bellomont Governor made in the
yeare of our Lord God 1699. And the assurance we gave to H.E.
Joseph Dudley Esq. Governor in ye year's of our lord God 1702 :
in the month of August : and 1703, in the month of July notwith-
standing wee have been well treated by the said Governors : and
we resolve for the future not to be drawn into any perfidious
treaty or corespondence to the hurt of any the subjects of Her
Majtie the Queen of Great Britaine, and if wee know of any such
we will seasonably reveal it to the English. Wherefore we whose
names are hereunto subscribed, delegates for the severall tribes
of the Indians belonging unto the river of Kenybeck, Amaras-
cogen, St. Johns Saco and Merrimack and parts adjacent being
sensible of our great offence and folly in not complying with the
aforesd. submissions and agreemts. and also of the sufferings and
mischiefs that we have thereby exposed ourselves unto do in all
humble and submissive manner cast our selves upon Her Majties.
mercy for the pardon of all our past rebellions, hostilities and
violations of our promises : praying to be received unto Her
Majties. grace and protection. And for and on behalf e of our
selves and of all other the Indians belonging to the severall rivers
and places aforesaid within the sovereignty of Her Majtie. of
Great Britaine do again acknowledge and profess our hearty and
sincere obedience unto the Crown of Great Britaine : And do
solemnly renew ratify and confirme all and every of these articles
and agremts. contained in the former and present submissions.
This treaty to be humbly laid before her Majtie. for her ratification
and further order. In wittness whereof we the Delegates aforesaid
by name Kireberuit : Iteansis and Jackoit for Penobscut :
Josep and Eneas for St. Johns : Waracansit, Wedaranaquin
and Bommoseen for Kennebeck ; have hereunto set our hands
and seals the day and yeare first above written. Signed sealed
and delivered in the presence of J . Redknap and 44 others. The
Indians' signatures are accompanied by seals and totem marks and
are as above except that Kireberuit appears as Qualebenewet.
AMERICA AND WEST INDIES.
1713.
Present ; H. E. Joseph Dudley, Councillors of Massachusets :
Samuel Sewall, Jona. Corwin, Pen. Townsend, John Applet on,
John Higgenson, Andrew Belcher, Thomas Noyes, Saml.
Appleton, Ichobud Plaisted, John Wheelwright, Benja. Lynde.
Councillors of New Hampshire : Wm. Vaughun, Peter Coffin,
Robert Elliot, Richd. Waldron, Nathl. Wyer, Saml. Penhallow,
John Plaisted. Mark Hunching, John Went worth. Addressed.
is For the Earl of Dartmouth." Endorsed, In Mr. Dudley's of 24th
Augt. 1713. 3| large pp. [C.O. 5, 931. No. 10.]
Aug. 25. 468. Governor Dudley to Mr. Popple. While I am sealing
Boston, m y letters very hapily I have receiv'd from New York a packett
' etc. commanding the Proclamation of the Peace etc. It has been
accordingly performed with all possible solemnity, and to the
universall joy and satisfaction of all H.M. good subjects etc.
Signed, J. Dudley. Endorsed, Reed. 12th Nov. 1713, Read 25th
June. 1718. f p. Enclosed,
468. i. Copy of the Boston News-Letter, Aug. 24-31, 1713,
giving an account of the Proclamation and acclamation
of the Peace. Printed. 2pp. [(7.0.5,866. Nos. 151,
151 i. ; and (without enclosure) 5, 915. pp. 127, 128.]
Sept. 3. 469. R. Shelton to Governor Craven. The public bus'ness
having call'd some of the Lords Proprietors out of the town,
their Lordships commanded me to inform you that they have
directed warrants for the sale of land to be issued out of the
Secretary's office etc. (v. Aug. 21). They further herewith send
you the proclamation for publishing the peace concluded between
H.M. and the French King, upon the receipt whereof you are
forthwith to cause the same to be publish 'd in the usual places of
your Colony under their Lordships' government, and that you
give notice to all privateers and commanders of ships within your
Province to ceas hostilities with the French King's subjects,
according to the tenor of the said proclamation. Encloses letter
from the Board of Trade (? Aug. 27) about sending prisoners
with evidence from the Plantations. Refers to warrant for Mr.
Trott's leave of absence. (Aug. 22.) As to the letter their
Lordships receiv'd from you and the Council, relating to the
boundaries between South and North Carolina, their Lordships
took that business into their consideration, but thought it a
matter of such consequence, that it requir'd to be more maturely
consider'd of, and therefore adjourn'd it for that time. I shall
take care to lay it before their Lordships at their next meeting,
and shall endeavor all I can to have a determination of that
matter in your favor. Signed, R. Shelton. [C.O. 5, 290. pp.
71-73.]
Sept. 8. 470. Lord Bolingbroke to Lt. Governor Moody. I hardly
Windsor Castle. ex p ec t that this letter should come to your hands while in Eng-
land, but will not however neglect to acknowledge yours of Aug.
20th. Tho' the order for the surrender of Placentia be directed
to the Marquis de Vaudreuil, who as Governor of Canada is the
232 COLONIAL PAPERS.
1713.
proper officer, yet we never made the least doubt but that notice
hereof had been sent from France in time, to prevent any dispute.
A memorial received a few days since from the Duke D'Aumont,
gives indeed some reason to apprehend the contrary. He
pretends that the French at Placentia cannot remove till next
spring, nor the place be by consequence till then evacuated.
Should this be so, the difficultys you foresaw would arise, and
H.M. must in this case depend on your discretion to conduct
things, and to manage the officers of the French King, so, as to fall
on some expedient wch. may secure the intents of the Treaty, and
answer H.M. expectations. I have heard that there are several
habitations, and a pretty large Colony, round the fortress of
Placentia. If so, it naturally offers itself, since the sovereignty
is the Queen's, that the military power be yeilded to you, that you
take immediate possession of the forts with the Queen's troops,
and that those of France continue, till the season shall permit
them to leave the Island, in the adjacent dwellings. During this
interval of time, you will I am sure, by a strict discipline and by
the best regulations you can make, prevent all manner of disorder,
or surprize. I have nothing more to add, but my sincere wishes
that you may have a prosperous and successful voyage, etc.
Signed, Bolingbroke. [C.O. 324, 33. pp. 5 and 2 (a).]
Sept. 10. 471 . Governor Hunter to Mr. Popple. 1 shall not trouble
New York, their Lordps. with much by this doubtfull conveyance (ye Drake)
only begg that you'l inform them, that I believe there was an
omission in ye pardon of ye negroes, for besides ye three which
H.M. has been pleased to pardon, there were other two vizt.
Tom a negroe belonging to Rip Van Dam Esq. , and Coffee a negroe
belonging to Mr. Walton, who were recommended by ye Bench
itselfe as proper objects of mercey there being noe manner of
convinceing evidence against them and nothing but ye blind fury
of a people much provoked cold have condemned them, they lye
still in prison. In mine of June 23, 1712, I gave their Lordps. an
account of their case and ye inducements for mercey, soe I humbly
intreat their Lordps. would please to recommend them to 't.
There is likewise a negroe woman who was indeed privy to
ye conspiracey but pleading her belley was repreived. She is
since delivered but in a wofull condition ever since, and I think
has suffered more than death by her long imprisonment. If their
Lordps. think fitt to include her, I should be pleased, for there
has beene much blood shed already on that account, I'm afraid
too much, and the people are now easey. The Five Nations are
hardly to be disswaded from sheltring ye Tuscarora Indians,
which would imbroil us all. I have sent some men of note with
them to disswade them, but I am not able to furnish out of my
own pockett the presents they expect upon all such occasions, and
there is noe fond for it here. By a ship (the Hunter's prize formerly
Sweepstakes) bound for England in ten days, I shall write more
fully to their Lordps. Our Assembly here meet ye first of October
to as little purpose I believe as formerly ; that in ye Jerseys ye
2nd of November, which will doe their duties I make noe doubt
AMERICA AND WEST INDIES.
233
1713.
Sept. 10.
New York.
Sept. 14.
Virginia.
notwithstanding ye impotent efforts of an arrogant party. P.S.
I have reced. their Lordps.' letter of May 8th by ye way of
Virginia. The peace was accordingly published here with ye usual
solemnities on ye 18th of August last. Signed, Ro. Hunter.
Endorsed, Reed. Jan. 15, 17|f, Read June 21st, 1715. Addressed.
If pp. Enclosed,
471. i. An Ordinance for regulating and establishing fees.
New York, Oct. 19, 1710. Signed by the Governor in
Council, R. Hunter. Endorsed as preceding. Printed.
20 pp. [C.O. 5, 1050. Nos. 81, 81 i. ; and (without
enclosure) 5, 1123. pp. 274, 275.]
472. Governor Hunter to the Earl of Dartmouth. Encloses
following. Signed, Ro. Hunter. Holograph. 1 p. Enclosed,
472. i. Duplicate of No. 471. [C.O. 5, 1085. Nos. 15, 15 i.]
473. Lt. Governor Spotswood to the Council of Trade and
Plantations. It is chiefly to accompany the inclosed representa-
tion from the body of the Council of this Colony that I do myself
the honour of writing to your Lordps. at present ; the declining
circumstances of this country for some years past occasioned by
the low value of their tobacco, would have prevailed both with
the Council and Assembly to make representations of this nature
long ago, had they not been diverted from it by pers wading them to
wait till the war should be ended ; but the late advices they recieved
from their correspondents that the merchants in this trade had
(with H.M. leave) applyed to the Parliament for a moderation of
the higli dutys, have prompted the Council to the resolution no
longer to delay setting forth to your Lordps. the miserys to which
the country is reduced ; and as I hope there is nothing in this
representation undutifull to H.M. or disagreable to your Lordps.,
so I hope you will not judge it either impertinent or improper
for me, if (being so earnestly solicited as your Lordps. will observe
by the copy of the inclosed Address) I recommend this matter to
your Lordps'. favour, as well in regard I am perfectly convinced
of the truth of many of the matters of fact represented, as in
consideration of the prejudice which will arise to H.M. service
and the trade of Great Brittain, if the people of this country
compelled by necessity should abandon the tobacco trade and
apply themselves to other manufactures, etc. Finding that
several persons have kept possession of lands by virtue of entrys
and surveys without takeing out patents or paying the quit -rents,
and that by the practice of this country such entrys are construed
to give a title so as to exclude any other person from taking up
the same land ; and observing also that divers tracts of land fallen
to H.M. by right of escheat are possessed without taking out patents
or paying the composition due for the same ; I have with the
advice of the Council issued a proclamation requiring both those
who hold new land, and those who possess escheated land, to sue
out grants within a short time limited, or otherwise that their
lands shall be disposed of to others ; this has had so good an
effect that above 100 patents for new taken up land have been
234 COLONIAL PAPERS.
1713.
bespoke within this month since the proclamation was issued ;
and people who have possessed escheated lands for many years,
without a title have also applyed themselves for grants. In 'the
same proclamation, I have enjoined all persons desiring grants of
escheated lands to survey the same before they obtain patents :
against which regulation divers applications have been made to
me under pretence of the charge of surveying ; but considering
the true reason of this objection doth not proceed from the charge
(which is inconsiderable) but from the restraint on fraudulent
practices, I shall not give way thereto. For by the former
method of passing away escheated lands, the grants were not made
according to the true quantity, but according to what the
petitioner thought fitt to suggest, and people finding how easily
they could defraud the Crown with a double advantage to
themselves, both in the payment of the composition and of the
quit-rents, have made use of that licence with great freedom, and
thereby obtained much larger quantitys of land than are expressed
in their grants, which cannot now be remedyed because tho the
true quantity hath been concealed, the grant is made for all that
the former Patentee held within his ancient bounds. Having on
former occasions, and more particularly in my last letter repre-
sented to your Lordps. the case of those people who entered for
and surveyed lands before the death of Governor Nott, with my
humble opinion that grants of such lands be allowed, according to
the Acts of Assembly then in force, I shall only beg leave to explain
myself that I did not intend thereby the conditions of seating
and planting mentioned in the Act passed in 1666, but that
in 1705, except only where the entrys were made before the
passing of this last Act, which are not above two or three ; your
Lordps. will be pleased to consider that however the Governor
might be mistaken in passing that last law, yet by the constitution
of this Government it remained a law to the subject, untill it was
formally repealed and how much clamour it will occasion among
the people, if that to which they concieve they have a right by a
positive law should be denyed them : besides the difficulty in
which the Governor must be involved (if any case under this
circumstance should come before the General Court) in giving his
judgment between an Instruction and a law, wherein tho his own
reason may incline him for the former, yet every member having
an equal vote, their oaths (being to judge according to law)
will carry the judgment for the latter. Since the South Carolina
Indians dispersed the Tuscaruros, these have settled themselves
near our frontiers : and it is believed are joined by some of the
Northern Nations, from whence frequent incursions have been
made and divers murders lately committed which hath exceed-
ingly alarmed the people, and induced sundry of the owners of
remote plantations to withdraw their familys and stocks : for
preventing of which, besides that I formerly mentioned to your
Lordps., I have ordered out divers partys in search of those
Indians, but without any effect, occasioned partly by the
unwillingness of the people to march far from their homes, but
principally from the inexperience and want of conduct in the
AMERICA AND WEST INDIES. 235
1713.
officers, of which there is not one in this whole Colony that ever
hath been in any imployment or action in an army, so that I am
obliged now to undertake an expedition in person, and intend
to take with me 200 vohmtiers out of the Militia of the countys
most apprehensive of the danger (for those that are far enough
from it are little inclined to adventure themselves) and with this
force and our tributary Indians either endeavour to bring those
Indians to a secure peace or to drive them further from our
frontiers. I hope the encouragements of 12d. a day pay together
with provisions and ammunition and the conveniency of tents,
which I have already provided, and with the concurrence of the
Council resolved to defray out of the 1000 given by the Assembly
for the relief of North Carolina, will obtain the small number
of men I desire, especially when joined with the advantage of
taking prisoners, in case I'm obliged to declare war, which the
Council have unanimously advised me to do, if the Indians refuse
to submitt to a peace. The death of several of the Council and
the absence of others having reduced the number under nine,
and some even of those infirm and unable to attend I have been
obliged to make use of the power granted me by H.M. Instructions
to fill up the vacancy by calling to that Board Dr. William Cocke,
etc. The difficulty of getting together on a sudden emergency a
sufficient number of the present Council, because of the remoteness
of their dwellings, and the little choice there is of persons fitt to
be added makes me the more earnest for the admission of Col.
Bassett in his former rank at that Board, which hath hitherto
hindered his being sworne. Here are many instances where the
like favour hath been granted to others, some of which I mentioned
May 8, 1712, and shall now only add one more to witt the case of
Coll. Richard Lee, which differs only from this, that he quitted
at the Revolution upon a scruple of taking the oaths, and Col.
Bassett declined because he was apprehensive his health would
not permitt him to attend that service : yet when the former had
overcome his scruples he was admitted again in his first station.
And since Col. Bassett has always shewed himself well affected
to the Government, and is a gentleman of as fair a character and
of as plentifull an estate as any in the country I hope your Lordps.
will judge him worthy of the same favour as others have had,
especially when his entering again into publick business, is
occasioned more through my importunity in regard of the want
of persons of his character to serve H.M., than any ambition of
his own, tho I cannot press him to submitt to an inferior rank than
what he hath formerly held. In my letter of Dec. 15, 1710, I
gave your Lordps. a large account of the inconveniencys, which
the people here labour under by the unequal division of the
countys and parishes, and the difficulty of remedying the same by
the Assemblys, with the doubt I had whether that matter were
proper for their cognizance tho it is a power they have constantly
exercised, upon which I should be glad to receive some direction,
for as these inconveniencys are still increasing, and that I perceive
the people will be contented from what authority soever their
redress comes, so I am far from seeking to increase the power
236 COLONIAL PAPERS.
1713.
of the Governor, unless it shall be thought more agreeable to
H.M. service that the distribution of the people into countys and
parishes be made by him rather than by Act of Assembly.' And
tho by perusing the Records of this country I am the more
perswaded that many things have heretofore been permitted to
be treated in the Assemblys, which would not have been allowed
of in England, and that this regulation of countys and parishes
may be made with less partiality by the Governor, yet I am
unwilling to introduce an innovation from the ancient practice
without H.M. particular directions or your Lordps'. approbation.
Signed, A. Spotswood. Endorsed. Reed. Read Jan. 7th, 17jf.
4f pp. Enclosed,
473. i. Address of the Council of Virginia to Lt. Governor
Spotswood, Sept. 11, 1713. Pray the Governor to
support their following Representation. Signed, Robert
Carter, John Custis, James Blair, Hen. Duke, John
Smith. John Lewis, W. Byrd, Will. Fitzhugh, Wm.
Cocke. Endorsed, Reed. Jan. 8th, 17}f. If pp.
473. ii. Council of Virginia to the Council of Trade and
Plantations, Sept. 11, 1713. Many of the disadvantages
which the tobacco trade hath for some years laboured
under have been sufficiently made out of late by the
merchants in England, but it is more properly our part
to represent the unhappy effects upon this Colony.
It is hardly possible to imagine a more miserable spec-
tacle than the poorer sort of inhabitants, whose labour
has not for several years afforded them cloathing to
shelter them from the violent colds as well as heats to
which this climate is subject. The importation of
British manufactures and other European commoditys
by the merchants, whereby in former times the planters
were plentifully supplyed with cloathing, etc. in exchange
for their tobacco is now in a manner wholly left off,
and the small supplys which some merchants yet
adventure sold at such prodigious rates as they please to
put thereon, whereby man}^ familys formerly decently
cloathed and their houses well furnished are now
reduced to rags and all the visible marks of poverty.
The credit of the merchants and more considerable
planters, which seven years ago was as flourishing as
any other of H.M. plantations is now sunk to an incredible
degree : those who either by their own industry had
acquired, or from the more prosperous fortune of their
ancestors received considerable estates, have instead of
improving thereof in the way of the tobacco trade, by
a continued decay of that commodity, so far involved
themselves in debt, that they have now little left but
the melancholy prospect of their ruined posterity. A
large stock of negroes heretofore accounted the chief
riches of this Colony, has only contributed to the more
speedy undoing of their owners, for he who has made
the best crops of tobacco has but the more effectually
AMERICA AND WEST INDIES. 237
1713.
diminished his estate, while that commodity has served
only to bring him in debt besides the entire loss of his
principal adventure : so that the bills of exchange of
many considerable planters and traders which some years
ago were as of good credit as any in H.M. plantations
will not now pass for the smallest sums, etc. It will
not appear so strange that many have left off planting
as that there should be any yet so dareing as to prosecute
a trade which brings in nothing but mine. Had these
calamitys been occasioned only by the accidents of
war, or the variableness of trade in markets, we should
silently wait for better times. But there are many
reasons that induce us to believe that the calamitys
attending this trade will not wear off without great
assistance from the Government. The dutys are now
so high that the people of this country who commonly
import the tobacco at their own risque into Great
Brittain, have neither money enough of their own
nor credit to take up on interest so much as is necessary
for defraying so large an expence, and the greatest
part of the merchants to whom we are obliged to entrust
the sale of our tobaccos are likewise unable to comply
with those high duties, their necessitys for money to
discharge their bonds at the Custom house forcing them
to part with our tobacco at such low rates as barely
pay the dutys, freights, their own commission and other
charges, and very often the consigner is brought in
debt even for a great part of these, etc. The new
invented method of makeing the ships storehouses and
charging Is. a hhd. for every month the tobacco is on
board is owing to the same want of money to discharge
the dutys, and a heavy burden upon our trade, etc.
Many frauds in running tobacco without paying the
dutys, to the ruine of fair traders, is likewise owing to
the high dutys, etc. Since the whole dutys were trans-
ferred to the importer, the merchants charge commission
on the full sales, etc. Hence many planters have taken
to the manufactures of cotton, flax and hemp. Pray
that the duties may be moderated and charged on the
consumptioner (or retailer) and not on the importer,
and that all frauds be discouraged, and for that end all
damaged tobacco which pays no duty to the Queen,
nor yields any profite to the importer be destroyed,
so that it may not be shipped off, to recover a drawback
and then be relanded by sinister means, etc. Signed,
Robert Carter, Jno. Custis, James Blair, Hen. Duke,
Wm. Cocke, John Smith, John Lewis, Will. Fitzhugh.
Endorsed, Reed. Read Jan. 7th, 17}f. 5 pp. [C.O.
5, 1316. Nos. 100, 100 i., ii. ; and (without enclosures]
5, 1364. pp. 5-14.]
Sept. 15. 474. Memorandum of a new Commission for Trade and
Plantations. [C.O. 389, 37. p. 63.]
238 COLONIAL PAPERS.
1713.
Sept. 16. 475. Rev. Saml. Beresford to the Council of Trade and Plant-
ations. The great goodnes and indulgence wherewith your
Lordships have receiv'd my former addresses in our late Governor's
time upon my suspension from H.M. Council, give me ye confidence
again of approaching to your Lordships on ye same occasion. Mr.
Lowther has suspended me from ye Council, giving for reason
thereof my marrying a gentleman here without his lycence, etc.
I acknowledg I ought to have had ye parent's consent for his
son's marriage ; but I had ye young lady's consent, wch. is most
material ; and besides there's nothing more common here, than
for old, covetous fathers to seem to deny their approbation,
for no other cause, but that they may avoid being oblig'd to
provide for them, and this was very likely to be ye case here ; and
I was made very sure yt. his opposition would continue no longer,
than till they were married ; besides I knew how ye father had
encouraged ye conversation between his son and ye gentlewoman,
and had married his only daughter to her brother but a little
before. So yt. indeed there's no more in it, but having been bred
a Presbyterian he's willing to shew a spite. The Governour has
instigated him to petition against me to give him an opportunity
of removing one from the Council, who would never give in to his
measures, yt. so he might ye better carry on his designs by gaining
a majority of his own creatures in ye Council ; I humbly conceive,
I have good reason to say this ; because, there were two bills
(one to keep inviolate ye freedom of elections, ye other appointing
an agent, and private committee of correspondence) wch. the
Assembly had pass'd to serve their turns, wch. ye majority of ye
Council opposed, and therefore he was forc't, ye better to carry
his point to call a Council, to meet within five hours after ye date
of ye summons, (when some of ye members live at 12 and 14 miles
distance) where were present none but his own 5 creatures, who
pass'd ye same. The gentleman I married is above 23 years
of age, and has been trader (on his own account) and been in
employments out of his father's jurisdiction for some years ;
and on many reasons wch. may not be proper to offer to your
Lordships, solicited me to marry him, which I did, purely to prevent
ye inconveniencys he lay under, and not for any advantage to
myself, etc. I was forc't to trouble you, since the Governour has
inflicted a secular punishment upon me for an ecclesiastical offence,
if any there be. Signed, Saml. Beresford. Endorsed, Reed. Nov.
11, Read Jan. 21, 17}|. 3 pp. \C.O. 28, 14. No. 9 ; and
29, 13. pp. 80-84.]
Sept. 21. 476. Mr. Lowndes to Mr. Popple. Encloses following. The
Treary. Lord High Treasurer requests that the Council of Trade and
Chambers, plantations will consider not only this petition but the whole
matter relating to that part of St. Christophers which was lately
in the hands of the French and report what they conceive to be
most for H.M. advantage in the managing and setling the revenues
which may arise from the same. Signed, Wm. Lowndes.
Endorsed, Reed. 21st Sept, 1713, Read 23rd March. 17|f . 1 p.
Enclosed.
AMERICA AND WEST INDIES. 239
1713.
476. i. Petition of Capt. William Stephenson, Commander of
H.M.S. Jolly, to the Lord High Treasurer. Prays for
H.M. confirmation of a grant of a plantation made by
Governor Douglass to petitioner, in the French part of
St. Christophers. 1 p.
476. ii. Governor Douglas' grant of land referred to in preceding.
" for three years with an equitable title to H.M. bounty
for the same in case the whole Island should remaine
unto H.M. upon the next Treaty of Peace," etc. May
22, 1713. Signed, Walter Douglas. 1 p. \C.O. 152,
10. Nos. 13, 13i., ii.]
[Sept. 24.] 477. Petition of Thomas Bernard to the Council of Trade and
Plantations. Petitioner, who has a considerable estate in that
Island, prays to be appointed to the Council of Jamaica, Charles
Long and Edmund Edlyn having been many years absent
without H.M. licence etc. Endorsed, Reed. 24th, Read 25th
Sept., 1713. 2pp. [C.O. 137, 10. No. 27; and 138, 14. p. 40.]
Sept. 24. 478. Lord Bolingbroke to the Council of Trade and Planta-
Whitehal. tions. Encloses following for their report, " that I may lay ye
same before H.M. on Sunday next." Signed, Bolingbroke.
Endorsed, Reed. 24th, Read 25th Sept. 1713. 1 p. Enclosed,
478. i. Petition of Jeremy Dummer, Agent for the Massachu-
setts Bay and Connecticut, to the Queen. Several of
the ships of the said Governments have been captured
by Spanish privateers after the suspension of arms took
place, as they were lading salt at Tertuda, on a pretence
that that Island do's belong to the Crown of Spain.
Your Majesty's subjects have ever believ'd it to be free
and common as the ocean, it having never been inhabited
nor is it capable of it, inasmuch as the whole Island
is either rock or barren sand, and has no fresh water
on it. Your Majesty's American subjects on the Conti-
nent have in all times past supply'd themselves there
with very near all the salt they expend in saving their
provisions, and especially in curing their fish, which is
the principal branch of their returns to Great Britain
for the woollen and other manufactures they purchase
here. If they are debarr'd fetching salt from thence,
they will not only be oblig'd to pay exorbitant rates for
it at the Dutch Plantation of Curaco, but the very being
of their fishery will entirely depend on the favour of the
Dutch. They are the only sufferers, no other nation,
not even the Spaniards themselves, ever fetch salt
from thence. Prays H.M. to secure for her subjects
free access to Tertuda. Signed, Jer. Dummer. 1 p.
[C.O. 5, 866. Nos. 6, 6 i. ; and 5, 913. pp. 451-453.]
Sept. 25. 479. Capt. Bennett to the Council of Trade and Plantations.
Bermuda. Having considered what may attend me when succeeded by Capt.
Pulleyne, doe pray leave to acquaint and address your Lordps.,
240 COLONIAL PAPERS.
1713.
that this Governmt. is on several accounts indebted to me in a
considerable summe, the particulars of which I cannot yet
ascertain, having not received my brother Sir John Bennett's
charge of postage of letters and packets, and other disbursemts.
(which he placed to my acct.) from 1702, since which time he has
transacted for the country (by their repeated request) in their
cause and disputes between Mr. Jones and them : and under-
standing said Jones is comeing with my successor, and concludeing
he will insinuate all he can to prevent justice being done me,
doe therefore most humbly entreat your Lordps.' insinuations
on Capt. Pulleyne, that he as soon as may be call the Assembly
together and sincerely and heartily recommend to them that
measures may be taken to answer my just demands (the Treasury
being low) and if in case Jones does not come with the Governor,
I still beg the same favour of your Lordps., least the Assembly
(to save mony) will not enter into consideration of anything but
what is earnestly proposed by him, etc. Signed., Ben. Bennett.
Endorsed, Recd/Jan. 5, Read Aug. 30, 1714. If pp. [C.O. 37,
0. No. 31 ; and 38, 7. pp. 195-197.]
Sept. 25. 480. Lord Bolingbroke to Lt. Governor Moody. The Duke
Whitehall. D'Aumont having some time ago delivered a memorial, setting
forth that the new settlemt. wch. the French are making upon
Cap Breton, would not be in a condition to receive the troops
wch. are now in Placentia, and therefore that the place could
not be evacuated, till spring, I dispatched a letter to Ireland,
etc. (v. Sept. 8), and writ at the same time to Mr. Prior to
represent to the Court of France, that the Treaty positively
stipulates the delivery of the place within seven months from
the exchange of the ratifications, that they might if they had
pleased, at the same time as they sent a fregat to take measures
for establishing a new colony at Cap Breton have dispatched such
orders as were necessary to be given for punctually fulfilling this
article of the Treaty, and what inconveniencys you and the troops
under your command must be exposed to, if at this season of the
year the Governor should refuse you admittance. In answer
to this, I have received a letter from Mr. Prior, accompanyed
with the most Xtian King's orders to Monsr. Costebelle, for the
immediate surrender of Placentia, all which are herewith trans-
mitted to you. You will observe, Sr., that the King's orders
are positive, and unconditional, and you will therefore take
possession of the forts and places that are now in the hands of
the French, in as full and ample manner as is intended by the
Treaty. But his most Xtian Majesty having desired, that the
Queen would be pleased to permit his troops, and other subjects,
inhabiting on Newfoundland, to continue there this winter, H.M.
considering that it may be impracticable, so late in the year, to
remove them to Canada, or any new settlemt. wch. the French
may intend to make, has thought fit to consent hereunto. You are
therefore to dispose them in those places where they will give least
annoyance to the Queen's troops and to use your best endeavours
to prevent, by a strict discipline, all manner of disorder, insinuating
AMERICA AND WEST INDIES. 241
1713.
if you find it proper, to them, that their being permitted to
stay on the Island, is only a courtesy, and the effect of H.M.
goodness. As there are no doubt several persons who have been
employed by the French in their fishing, and on other services,
and who may be usefull hereafter to the Brittish subjects inhabit-
ing on Newfoundland, I beleive I need not give you a hint of
taking all proper methods to induce them to continue there, tho'
it is certain we have no right to detain them, if they resolve to
leave. Signed, Bolingbroke. Enclosed,
480. i. Matthew Prior to Lord Bolingbroke. Fontainebleau,
Sept. f, 1713. In obedience to your Lops.' commands
of the 8th inst. O.S. I laid before Monsr. de Torcy the
contents of the Duke D'Aumont's Memoriall, accom-
panied by another from myself, of wch. I send your Lop.
a copy ; both wch. Monsr. Torcy having represented
to the King, I am enabled to send your Lop. this order
from the King and instruction from Monsr. Pontchartrain
to the Governor of Placentia for the surrender of that
fort and place. The order your Lop. sees is pure and
unconditional, as the Article requires, and as we
would have it. The French troops at Placentia cannot
be transported to Canada or Cap Breton before the
next spring, there being no place yet ready in the latter
of these Colonies to receive them. The King therefore
desires of the Queen that which by your Lops.' letter
I perceive will not be refused, that the troops and
other inhabitants may stay this ensuing winter at
Placentia. But as the order is unconditional (as I
just now observed) and the Article executed, so this
permission on H.M. side is only to be looked upon as a
favour and the effect of her goodness. Whether the
troops remaining still there proceeds from a neglect in
Monsr. Pontchartrain, or that Monsr. Desmarck (wch.
now he obliquely, insinuates) has not enabled him to
remove them, it avails not to determine. The Duke
D'Aumont's memorial came out of his quiver, as you
suspect, and whence we shall never find any arrow
pointed with justice or wing'd with honour. Even these
three last days while this affair has been before the King,
Monsr. Torcy and myself have received twenty cross
conundrums and odd propositions from him upon that
subject. To prevent all misunderstanding therefore
that may happen from any former order he may have
sent, Monsr. Torcy desires (supposing that H.M. thinks
it reasonable that the troops should stay) that by the
same conveyance by wch. your Lop. sends this order to
Col. Moody (wch. I beleive you will do without any loss
of time) you will likewise add H.M. pleasure as to the
troops and inhabitants, which together with their own
King's order will serve as a rule to those who command
there ; and likewise that you will send back a messenger
hither, wth. a copy of such H.M. direction, that this
Wt. 5622. C.P. 1.
242 COLONIAL PAPERS.
1713.
Court may likewise forward it to their people at
Placentia by the way that they may judge most proper.
As to the latter part of the Duke D'Aumont's Memorial
that the French should fish this next year in all the
harbours in the Island, Monsr. Torcy was really ashamed
of the proposition, and I can assure you the King in
Councill never gave such order to the Duke D'Aumont
(however this must not be said). This too was a
refinement of Monsr. Pontchartrain, who I believe has
done himself no good in his master's favour by these
wise and honourable strokes of ministry. I have
answered the first part of the Duke D'Aumont's
Memorial, by telling Monsr. de Torcy that your Lop.
has writ to the Governor of Dunkirk to take care that
what may be found there belonging to his most Xtian
Majty. shall be consigned to his officers ; the King is
informed thereof, and satisfied as to that point. I
write this letter without cypher, Barton bringing the
packet. Signed, M. Prior. Copy.
480. ii. Matthew Prior to Monsr. de Torcy. Fontainebleau,
Sept. 26th, (N.S.) 1713. The Queen has commanded
me to convey to the King, that it is with the utmost
surprise that Her Majesty finds that the least difficulty
is being made with regard to the cession of the town and
fort of Placentia, and without entering into a particular
discussion of what is formally stipulated on this subject
in Article 13 of the Treaty of Peace, that the Most
Christian King will cause to be delivered to those who
shall be there for that purpose within the space of seven
months from the day of the exchange of ratifications
of the Treaty and sooner if it can be done the tgwn and
fort of Placentia and other places which the French
might still possess in the said Island ; and without
repeating the explanations, which have already been
agreed upon between their Majesties' ministers, the
Queen orders me to acquaint the King that the officers
and troops destined to take possession of the place
were to sail from Ireland Aug. 20th last, and ought
therefore to arrive in Newfoundland before the beginning
of the winter. Whereupon Her Majesty is entirely
convinced that the King will please to dispatch to the
Commander of the fort or other His officers at Placentia
without any loss of time the necessary orders for the
evacuation of the fort and the surrender of the place.
This will prevent any inconvenience which might other-
wise arise in the execution of the Queen's commands,
and She will receive it as a fresh indication of the good
faith with which the King has acted during the whole
course of this negotiation, and of the friendship which
the Queen designs to cultivate and ever to increase with
His Majesty. Signed, Matt. Prior. French. Copy.
480. iii. M. de Pontchartrain to M. de Costebelle, Governor
AMERICA AND WEST INDIES. 243
1713.
of Placentia. Fontainebleau, Sept. 29 (N.S.), 1713.
Encloses the French King's order to surrender immedi-
ately the fort and town of Placentia and other places
in Newfoundland held by the French according to the
13th Article of the Treaty of Peace, etc. Signed, Pont-
chartrain. French. Copy.
480. iv. Order of the King of France that M. de Costebelle,
surrender Placentia as preceding. Fontainebleau, Sept.
29 (N.S.) 1713. Signed, Louis. Directed to Mr. Pliely-
peaux, Governor of Canada. French. Copy.
480. v. Copy of the 13th Article of the Treaty of Utrecht,
April 11, 1713. French. [C.O. 324, 33. pp. 4a, 5a-
12.]
Oct. 1. 481. Order of Queen in Council. Referring enclosed to
Windsor, the Council of Trade and Plantations for their report. Signed,
John Povey. Endorsed, Reed. 22nd Oct., Read 4th Nov. 1713.
1 p. Enclosed,
481. i. Petition of Godart and Johanna Kupius, widow, and
others to the Queen. Petitioners are the surviving
brother and sister of William Kupius, deed. On behalf of
themselves and the children and widow of other brothers
deed., they petition for the estate left by William Kupius
in Jamaica, of which several persons have taken posses-
sion on pretence that it is escheated to H.M., William's
two children having died intestate and without issue.
Kupius was induced to go to Jamaica by the Act for
encouraging the settling Jamaica and was naturalized
there. By the strict laws of your Majesty's Kingdom
petitioners, who are all Protestants and subjects of the
States General, may not have any method to recover the
aforesaid estate, but pray for H.M. relief, the rather
since by the laws of the Island great numbers of aliens
born, and most of them Jews, are possessed of plantations
and other freeholds there, etc. Copy. 3| pp. [C.O.
137, 10. Nos. 28, 28 i. ; and 138, 14. pp. 43-48.]
Oct. 6. 482. Mr. Heysham to the Council of Trade and Plantations.
I am directed from Barbadoes to lay before your Lordships, that
of late rumm, suger, and mollasses hath been imported to New
England and other northern Collonies from Surranam, which if
not timely prevented may prove fatall to H.M. suger Plantations
in America and greatly discourage the trade and navigation of
Great Brittain, Surranam being a large Collony and the land
new and fertile, they can make and vend sugers much cheaper
then any of H.M. Plantations. This humbly craves your Lord-
ships' speediest assistance to prevent the growing evill. Signed,
Wm. Heysham. Endorsed, Reed. Read Oct. 6, 1713. p.
[C.O. 28, 14. No. 1 ; and 29, 13. pp. 76, 77.]
Oct. 10. 483. Archibald Cumings to the Council of Trade and
St. Johns. Plantations. The fishery this year has proved very indifferent,
244 COLONIAL PAPERS.
1713.
not above 150 quintals per boat, etc. Fish proved dear being
sold at 11s. per quintal. It lays under many disadvantages for
want of a Comodore earlier to distribute justice, several rocks
were pillaged in July when the fishery not above half over to the
intire ruine of such planter, the fishery and discouragement to
trade in generall being practised by the Comders. of ships and
most of the Admirals of the harbours. Trade in generall has
lyen under severall difficulties this year and in all likelihood
to grow worse if not speedily prevented by having this country
colonized and made a Plantation as the others are with a regular
Government. The Acts of Trade are very much broke here and
a great deall of illegall trade carried on from Europe hither and
from hence to the other Plantations, etc. Signed, Archd. Cumings.
Endorsed, Reed. 6th, Read 17th March, 17-J-f . Addressed, p.
[C.O. 194, 5. No. 34 ; and 195, 5. pp. 335, 336.]
Oct. 13. 484. Jeremy Dummer to the Council of Trade and Planta-
tions. Elaborates memorial of Sept. 24th relating to Tertudas.
Near 100 English sail go there yearly. The Spaniards have no
occupancy there at all, and even if they have a title to the Island,
we have a right to go there for trade by the Treaties of 1667, and
1670, etc. Signed, Jer. Dummer. Endorsed, Reed. Read Oct.
13, 1713. 3 pp. Enclosed,
484. i. Declaration of James Atchison, Oct. 1713. I was at
Tartudas 24 years ago. There was no inhabitants,
fort or warehouse there. Signed, James Atchison. 1 p.
484. ii. Declaration of Daniel Updicke, London, Oct. 7, 1713.
I was at the Island of Tortugas commonly called by the
English Saltertudos about 37 years agoe to load salt,
and saw no fort, warehouse or inhabitants there, nor
do I think there ever was. Signed, Danl. Updicke.
I p.
484. iii. Declaration of Henry Sherburne, London, Oct. 6,
1713. Confirms preceding on voyages 17 and 10 years
ago. Signed, Henry Sherburne. \ p.
484. iv. Declaration of John Sunderland, London, Oct. 6,
1713. Confirms preceding on 6 voyages from 22 years
to 12 months ago. Signed, John Sunderland. \ p.
484. v. Declaration of Saml. Payn, London, Oct. 6, 1713.
Confirms preceding on 6 voyages from 18 years ago.
Signed, Saml. Payn. f p.
484. vi. Declaration of Thomas Temple, London, Oct. 7,
1713. Confirms preceding on a voyage 26 years ago.
Signed, Tho. Temple. | p.
484. vii. Declaration of William Keech, Oct. 1713. Con-
firms preceding on voyage about 50 years ago. Signed,
Wm. Keech. \ p. [C.O. 5, 866. Nos. 7, 7 i.-vii.]
Oct. 16. 485. Council of Trade and Plantations to the Queen.
Whitehal. Recommend for H.M. confirmation Act of Barbados enabling the
executor of Mrs. Parris etc. (v. Aug. 19). [C.O. 29, 13. pp. 79,
80.]
AMERICA AND WEST INDIES.
245
1713.
Oct. 1C.
Whitehal.
Oct. 19.
Whitehall.
Oct. 19.
Windsor.
Oct. 19.
Windsor
Castle.
486. Council of Trade and Plantations to the Queen. It
having been found very prejudicial to the Government in your
Majesty's Plantations, that Councillors shou'd absent themselves
from the Councils, thereby frequently hindering the dispatch of
public business for want of a quorum ; quote, H.M. Instruction
thereupon, and recommend Thomas Bernard for the Council of
Jamaica in the room of Charles Long (v. Sept. 24). [C.O. 138,
14. pp. 41, 42.]
487. Mr. Secretary, Lord Bolingbroke to Governor Lowther.
Since the promotion of the Earl of Dartmouth to the office of
Lord Privy Seal, I have been directed by H.M. to take care of the
affairs of the Southern Province, and am therefore to desire you
will please to correspond with me in whatever relates to the
Island under your Government. I am sorry upon my entrance
into the business of this Department to find complaints from some
of the patent officers concerning hardships put upon them,
whereas I observe by the 50th article of your Instructions that
you are directed by the Queen to countenance them and to give
them all due encouragement. But I am more particularly
surprized to understand that an Act has been offered you by the
Assembly, which is highly prejudicial to several of the patent
officers in their legal and accustomed fees, priviledges and emolu-
ments and tends to subject their places to the disposal of the
Governor in case of any misbehaviour. This is a proceeding so
plainly contrary to the true meaning of your Instruction which
I mentioned before, that I perswade myself you will not give the
least countenance to it. You will easily imagine that the Queen
cannot but disapprove with resentment any act of her subjects
which shall pretend to displace officers appointed under her Great
Seal without H.M. knowledge or consent, and I therefore hope to
hear soon from you, that you have taken due care to discourage
any such attempts upon the Queen's honour and authority.
Upon this head of patent officers, I must recommend to you in
a particular manner Mr. Lewis who has the Queen's commission
to be Provost Marshal General of Barbados ; I need not mention
to you H.M. letters of leave dispensing with his residence in the
Island etc., since I understand that they are registred there.
Wherefore I do not doubt but that you will both in obedience
to H.M. commands and in justice to a gentleman who is employed
in a post of trust here, take effectual care that he receive no
prejudice in his office under your Government. Signed, Boling-
broke. Copy. l^pp. [(7.0.28,43. No. 88 ; and 324, 33. pp.
15, 17.]
488. H.M. Warrant to Governor Lowther for granting
Alexander Skeene, Secretary of Barbados, leave of absence for
six months. Countersigned, Bolingbroke. [C.O. 324, 33. pp. 13,
14.]
489. Lord Bolingbroke to Governor Lord A. Hamilton.
Upon the promotion of the Earl of Dartmouth to the office of
Privy Seal, and of Mr. Bromley to that of Secry. of State, H.M. has
24G
COLONIAL PAPERS.
1713.
Oct. 25.
Windsor.
Oct. 20.
Windsor
Castle.
Oct. 27.
Jamaica.
thought lit that I should take upon me the care of the Southern
Province with the West Indies, you will therefore please for the
future to transmit to me accounts of what may occurr in your
parts relating to H.M. service, and the benefit of the Governmt.
under your care, that I may lay the same before the Queen in
order to receive her directions thereupon. Signed, Bolingbrokc.
The like letter to the other Governors of Plantations. [C.O.
324, 33. pp. 17, 18.]
490. Order of Queen in Council. Approving representation
of 10th inst. and appointing Thomas Bernard to the Council of
Jamaica in the room of Charles Long who has been many years
in this Kingdome without H.M. licence for his absence. Signed,
Ja. Vernon. Endorsed, Reed. Read June 24, 1715. 1{- pp.
[C.O. 137, 10. No. 76 ; and 138, 14. pp. 334, 335.]
491 . H.M. Warrant appointing Thomas Bernard to the
Council of Jamaica. Signed, W. Bromley. [C.O. 324, 33.
pp. 18, 19.]
492. Governor Lord A. Hamilton to the Council of Trade
and Plantations. I have not received any commands from your
Lopps. since yours of May 8th, etc. What I have now most
material to trouble your Lopps. with, is to give some account
of our last short but very unsuccessful! session of Assembly. The
Assembly stood prorogued to Sept. 24th when it was intended
they should meet the supplys for ye support of the Government
expireing ye last day of October. But an unforseen accident
falling in ye way by a remonstrance of one David Pughs, lately
a member of Assembly and expell'd not being duly qualify'd,
being presented to myself and ye Council importing a charge
against Mr. Brodrick H.M. Attorney General and Speaker of ye
Assembly, I did thereupon with ye unanimous advice of the
Council prorogue ye Assembly to Oct. 1st, in order to Mr. Pughes
having time to make good his said charge, in each article of which
he having intirely fail'd (v. Minutes of Council) the Assembly
mett accordingly Oct. 1st. Your Lopps. will observe in ye
Minutts of the Assembly ye Speech I made to them at ye opening
of ye Session. Their first proceedings began with divisions, ye
factious party in ye House, with ye gentlemen at their head of
whom I have given your Lopps. formerly a character indeavouring
to postpone the consideration of the Speech and indeed to obstruct
all bussiness. The popular arguments and clamour was made
against a standing army in time of peace being imposed on them
(as some of them were pleased to term H.M. Regiment as it now
stands reduced to 300 men) when in fact nothing more was
proposed then the usual quartering and subsistance from the
country they have allways had, till H.M. pleasure concerning
them should be known, which they were given to understand I
dayly expected. However on these unreasonable pretences, on
reading ye Bill for that purpose ye first time they fell into ye
greatest heats, when in truth ye real ground of difference was
AMERICA AND WEST INDIES. 247
1713.
personall pieques and aniinositys, and the partys present in ye
House being so equal!, that several questions were carried by the
Speaker's vote only, after which so many members absenting
themselves from the service of the House there could not be a
quorum of well disposed members to make a House, and it having
been represented to me by the Speaker and several members,
that they apprehended violence and the greatest disorders, should
the absent members again return to ye House, or if they did not,
not having a quorum without them to adjourn, without a proro-
gation the House fell ; under this delemma I immediatly call'd a
Council, and upon mature deliberation of the present temper of
the House, and of the little probability of their comming to a
better, by the unanimous advice of ye Council I thought it best
to dissolve them immediatly by Proclamation ; and it was
likewise resolved that writts should forthwith issue for calling a
new Assembly the 26th of November nixt which was accordingly
ordered. I have no reason to belive that these violent proceedings
are agreeable to ye general sence of the country, and I am very
hopefull a new Assembly will show more duty and gratitude to
H.M. for ye protection their country has had, and particularly
by this Regiment obtain'd at their own request. In ye mean time
I waite with ye most longing expectations imaginable the honour
of receiving by your Lopps. before the time of ye meeting of ye
new Assembly H.M. pleasure relateing to ye Regiment ; for I'm
perswaded when that is known all due obedience and submission
will be pay'd thereto. I took ye liberty in my letter, Oct. 10,
1712, humbly to offer my thoughts and apprehentions of the
dangers and inconveniencys of leaving this Island, even in time
of peace, altogether unprovided of a regular standing force, to
garison the fortifications, etc. If any thing like what I had ye
honour to hint should be resolved on, I'm perswaded the country
will cheerfully go into it, notwithstanding ye factious indeavours
of a few, who have never been satisfy'd with any Government ;
a seed brought here with ye first settlers that has never been
intirely rooted out. I must pray your Lopps.' indulgence writt
in some hurry, etc. I shall conclude only mentioning two parti-
culars which were industriously made use of to foment and
increase the heats in ye Assembly, one was their not having any
accots. of the bills past here and remitted home for H.M. con-
firmation, and particularly the bill for quieting possessions, which
they have so much at heart. The other handle that was made use
of on this occasion, was ye calamity that at that time was fallen
on the country by a strong south wind which indamaged their
caines and corn, and allmost intirely reuined ye planting walkes,
especially on ye north side and leward parts of ye Island which
had sufferd least by ye last years hurrican. These things were
aggravated and indeed contributed something to ye disorders
that have happened. P.S. Just as I had ended my letter, by a
London ship arrived, I receiv'd your Lopps.' of July 15th etc.
Nothing can be a greater satisfaction and incouragement to me in
ye discharge of my duty then to find your Lopps. are pleased to
honour me with your approbation, etc. I hope you will excuse
248
COLONIAL PAPERS.
1713.
Oct. 28.
Treary.
Chambers.
Oct. 28.
Treary.
Chambers.
me in not answering it now as I ought the ship by which this
comes being just upon sailling, I was not willing to stop her. I
shall punctually comply with what your Lopps. require in rela-
tion to ye Act for quieting possessions as soon as ye Assembly
meets. Signed, A. Hamilton. Endorsed, Reed. 28th Dec. 1713,
Read 19th Jan. 17}f . 7 pp. [C.O. 137, 10. No. 35 ; and 138,
14. pp. 56-62.]
493. Mr. Lowndes to the Council of Trade and Plantations.
The persons who have obtained debentures from you towards
repairing their losses in Nevis and St. Christophers having
petitioned my Lord Treasurer that their said debentures, which
amount to 97,936Z. 17s. 2d. may be admitted to be subscribed into
the South Sea Stock according to the direccons of the Acts of
Parliament in that behalfe, his Lordship desires that the several
requisites to be performed by those Acts before the peticoners
could entitle themselves to debentures may be layd before him,
and that you will let him know by what sort of evidence it
appeared to you that all the said requisites were well and truely
performed and comply'd with. Signed, Wm. Lowndes. En-
dorsed, Reed. Read 29th Oct. 1713. Addressed. 1 p. [C.O.
152, 10. No. 1 ; and 153, 12. p. 107.]
494. Mr. Lowndes to Mr. Popple. Encloses following. My
Lord Treasurer desires that the Council of Trade and Plantations
will give such direccons therein as may prevent any the like
complaints for the future. Signed, Wm. Lowndes. Endorsed,
Reed. 29th, Read 30th Oct. 1713. Addressed, f p. Enclosed,
494. i. Commissioners of Customs to the Lord High Treasurer.
Customehouse, London, Oct. 21, 1713. Enclose follow-
ing. Pray that directions may be given to Dep. Governor
Marshal not to obstruct the officers of the Customs, etc.
Signed, Rob. Wm.son, J. Bridges, Jo. Werden, J. Gibbon.
Ip.
494. ii. Extract of letter from William Gerrish (Collector of
Customs at Montserrat) to Edward Perrie (Surveyor
Generall of Barbados and the Leeward Islands). Mont-
serrat, July 25, 1713. Since your departure nothing of
moment hath offer'd in our Island save the appointing
Capt. Marshall our Governor, who with his company
doth govern as absolute as the Grand Senr., about 10
days past a vessell in her way to Jamaica touched here
with slaves. Govr. Marshal agreed for some, the master
would not take anything but bills, and such as I would
indorze, the Governor asked if I would endorse his bills,
I told him modestly I would not, immediately he call'd
me all the ill names he could and said he would cane
me very well, in a day or two after I was obliged to goe
to his Honour to prove my quarter's accts. of Customs,
he swore he would not do it, so am obliged to send it
to the Commrs. without proving or swearing to it,
besides he clears vessells without having ever been near
AMERICA AND WEST INDIES.
241)
Oct. 30.
Whitehall.
1713.
the Custom House, and if I give a permit he'll not
signe it, this may be very prejudicial to H.M. interest,
etc. Signed, Wm. Gerrish. Copy. 1 p. [C.O. 152,
10. Nos. 8, 8 i., ii. ; and (without enclosure ii.) 153,
12. pp. 110-113.]
495. Council of Trade and Plantations to the Lord High
Treasurer. Reply to Oct. 28. State requisites appointed by
the Act, and enclose copies of oaths and debentures, "wherein
we consulted H.M. Attorney General," etc. [C.O. 153, 12. pp.
108-110.]
Nov. 2. 496. Lt. Governor Saltonstall to [? Lord Bolingbroke]. Upon
Now London, the publishing of H.M. Proclamation of Peace with France, the
Generall Assembly of Connecticut have unanimously endeavoured
to express their duty and gratitude to H.M., for so great a
blessing by an Address, etc. Prays that it may be presented
by Mr. Dummer, their Agent. Signed, Gurdon Saltonstall.
1 p. [C.O. 5, 536. No. 5.]
Nov. 4.
Treary.
Chain bers.
497. Mr. Harley to the Council of Trade and Plantations.
Encloses following. If the facts be found to be true my Lord
Treasurer desires that you will report to H.M. in Councill your
opinion thereupon and the methods which you shall think fit
to be taken for remedying the mischiefs complained off. Signed,
T. Harley. Endorsed, Reed. Nov. 5th, 1713, Read Jan. 28,
17}f . Addressed. 1 p. Enclosed,
497. i. William Heysham to the Lord High Treasurer. Dupli-
cate of Oct. 6th. [C.O. 28, 14. Nos. 11, 11 i. ; and 29,
13. pp. 86-88.]
[Nov. 4.] 498. Petition of Johanna Kupius etc. (v. Oct. 1st) to the
Council of Trade and Plantations, praying to be heard by Counsel,
etc. Endorsed, Reed. Read Nov. 4, 1713. I p. [C.O. 137, 10.
No. 29.]
[Nov. 6.] 499. John Thurston to the Council of Trade and Plantations.
Prays that the hearing of the matters relating to escheats in
Jamaica may be deferred. Endorsed, Reed. Read Nov. 6,
1713. 1 p. [C.O. 137, 10. No. 30.]
Nov. 9. 500. Order of Queen in Council. Confirming Act of Barbados
Windsor, to enable the executors of Johanna P arris to sell certain lands, etc.
Signed, Ja. Vernon. Endorsed, Reed. Read June 24th, 1715.
l\ pp. [C.O. 28, 14. No. 39 ; and 29, 13. pp. 305-307.]
Nov. 16. 501 . Lt. Governor Spots wood to the Council of Trade and
Virginia. Plantations. Since it hath not been judged proper to restore
Col. Bassett to his former rank in the Council, whereby all hopes
of obtaining his service at that Board is cutt off, I recommend
Nathaniel Harrison to fill the vacancy made by the death of his
father, etc. I don't know one man, except himself, on all that
250 COLONIAL PAPERS.
1713.
side of the River litt to be appointed of the Council, and entrusted,
(as the Council are throughout the Colony) with the command of
the Militia, etc. tiiyned, A. Spotswood. Endorsed, Reed. Read
-!an. 5, 17-} J. 1 p. [C.O. 5, 1310. No. 00 ; and 5, 1304. pn.
1,2.]
Nov. 10. 502. Lt. Governor Spotswood to the Council of Trade and
Virginia, Plantations. In my last I had the honour to acquaint your
Lordps. of an expedition 1 intended, for securing the frontier
inhabitants of this Colony, from the constant alarms they were
kept under by the Tuscaruro Indians. 1 then little imagined to
meet with a disappointment, where 1 had reason to expect the
greatest readiness : For tho the people in those frontier countys,
upon every alarm, would generally clamour for some course to
be taken to cut off the Indians. Yet after I had made the
necessary preparations of tents and provisions, and gone myself
into those parts to review the Militia, in order to list voluntiers
for this service, their warmth was so much abated that I could
not engage near the number I proposed (which was only 200)
to follow me out. I found it then high time to endeavour to
accomplish that by a Peace, which the disposition of the people
would not enable me to do by a war. To this purpose I sent out
a detachment of fifty of our Tributary Indians, under the com-
mand of two of the traders with orders to find out the Tuscaruros
in their retirements, and to sound their inclinations towards
Peace : this detachment after ten days march found them dispersed
in small partys upon the head of Roanoak, and about the
mountains in a very miserable condition ; without any habitation
or provision of corne for their subsistance ; but living like wild
beasts on what the woods afforded : in dispair whether to return
to their own settlements in North Carolina, and run the risque
of being knockt in the head by the English, and South Carolina
Indians, or to submitt themselves to the Senecas, who had made
them large offers of assistance to revenge themselves on the
English, upon condition of incorporating with them : their wants
and necessitys made the offer of Peace very acceptable. So that
after a short consultation with about 160 of their men that could
be got together on the sudden, they agreed to send in two of the
chiefs of their Nation to know upon what terms they might
again obtain a Peace. These Deputys being examined here in
Council seemed willing to submitt to any terms, and desired
leave for all their Great men to come in and treat with me, which
I have accordingly granted, and am now in daily expectation of
their arrival here at Williamsburgh ; having just recieved an
account of upwards of 1,500 of them (men, women and children)
being already come down nearer to our frontier inhabitants, both
for the sake of subsistance and to be readier at hand to agree to a
Peace. Their number is such that, considering our people's
disposition to warlike undertakings, they cannot be accounted
a despicable enemy, nor will it be any way advisable to drive them
to dispair by too hard terms. Our Assembly being now sitting,
I shall have the opportunity of taking along with me the
AMERICA AND WEST INDIES. 251
1713.
concurrence of the Representatives of the people (us I have hitherto
had that of the Council) in whatever shall be concluded on. This
session of Assembly has begun with the best disposition to business
that I have yet observed : The first step they made was to prepare
an Address to H.M. on the Peace, which I have by this conveyance
sent to our Agent, with directions to recieve your Lorps. advice
as to the manner of presenting it ; and I also here inclose a copy
thereof for your perusal. As to what concerns myself therein I
can with truth assure your Lordps. that it proceeded from their
own meer motion, without any party arts, or so much as my
knowledge before it had passed both the Council and Burgesses,
and I hope your Lordps. will look on it no otherwise than as it is
a testimony of the union and agreement between me and the
people, which I shall endeavour to improve for H.M. service.
Besides the securing the frontiers with settlements of the Tributary
Indians, which I have recommended to this Assembly, they have
also under consideration the amendment of their tobacco trade,
which owes its ruine in a great measure to the pernicious (tho
ancient) practice of discharging all publick debts by tobacco
payments. This has been the occasion of making all that trash
which hath clogg'd the market and brought this country tobacco
in discredit abroad, and given opportunity to innumerable frauds
and unjust dealings among the planters themselves, to the des-
truction of all commerce, as well as the publick credit : so that it
was high time to apply a remedy, which I hope will now be brought
about to the service of H.M. and the good of this Colony. I shall
in a short time be able to give your Lordps. an account of the
success of the Indian Treaty and of the events of this session, etc.
Signed, A. Spotswood. Endorsed, Reed. 4th Jan. 17-^f, Read
10th May, 1716. 2f pp. [C.O. 5, 1317. No. 23 ; and 5, 1364.
pp. 298-303.]
[Nov. 20.] 503. Address of President, Council and Assembly of Maryland
to the Council of Trade and Plantations. The inhabitants from
the first settling apply 'd themselves to the makeing of tobacco,
for many years with very good success, etc. It is with the greatest
concerne imaginable and urged by meer necessity we are now
forced to lay before your Lordships that wee most sensibly find
the tobacco trade has for some years past laboured under very
great difficultys and hardships which are now grown so heavy and
insupportable to us that nothing less appears in view than the
totall loss of the same to Great Brittain and the ruin of this poor
Province, occasioned cheifly by the great quantity s of the same
comodity that for some time past have been made in Europe
some parts of which in former times were supplyed cheifly from
Maryland. Not subject to the great expence of freight, custome
and other charges this province lyes lyable to, renders them
capable of affording it at a farr cheaper rate then by any possibility
we cann. Therefore of late years a great many of our inhabitants
have withdrawn themselves into other American colony s, where
the fruits of their labour are of little or no service to the Crowne,
and most of those who remain have for some time and still are
COLONIAL PAPERS.
1713.
obliged in a groat measure to fall upon makeing of many of those
necessaries, as heretofore wee have been supplyed with from Great
Brittain in exchange for our tobacco. The present circumstances
of the said trade have had their ill effects on severall merchants
of Great Brittain, which has also proved very much to the pre-
judice of this province. Pray their Lordships to represent to
H.M. and the Parliament the circumstances of this poor Province
and the trade thereof so as to procure some redress and relief,
for want whereof we must in a little time inevitably fall under such
pressures as will render us unable to support ourselves and poor
families. Signed, Edwd. Lloyd, Presidt., Win. Holland, Thos.
Ennalls, Sam. Young, Tho. Greenfield, Jno. Hall, Wm. Whitting-
ton, Tho. Heldison, Phile. Lloyd, R. Tilghman (Council). R.
Ungle, Speaker, Phill. Hoskins, Roger Woollford, Henry
Ennalls, Gouertt Loockerman, D. Mariarte, St. Codd, Robt.
Tyler, Sam. Worthington, Jno. Mackall, Solomon Wright, Amos
Garrett, Tho. Docwra, Thos. Hammond, James Mackall, Jno.
Whittington, Henry Trippe, Richd. Colegate, Thos. Purnell,
Pere. Frisby, Kenelm Cheseldyne, Wm. Whittington, junr., Henry
Per. Jowles, Edw. Steevenson, Edwd. Scott, Wm. Watts, James
Lloyd, D. Pearce, Edward Bray, James Smallwood, Walter Story,
Jno. Brome, Jon. Rendall, Jn. Purnell, James Frisby, M. Vander-
heyden, Tho. Sprigg, Char. Hammond, Tho. Brook, jr., Cha.
Wright. Endorsed, Reed. 13th Jan., Read 16th April, 1714.
1 large p. [.0.5,717. No. 57.]
Nov. 21. 504. Jeremy Dummcr to Lord Bolingbroke. Encloses
London. Addresses from New England, one a congratulation upon the
Peace, the other relating to Tertudas. " The liberty of fetching
salt from this place is of the last importance to every Plantation
H.M. has in America, from Jamaica to Annapolis Royall ; the
island is of no use to anyone else," etc. Signed, Jer. Dummer.
2 pp. Enclosed,
504. i. Address of the Governor, Council and Assembly of the
Massachusetts Bay to the Queen, Boston, Aug. 28,
1713, relating to Tertudas, v. No. 513 ii. [(7.0. 5, 751.
Nos. 85, 85 i.]
Nov. 24. 505. R. Shelton to Lt. Govr. Spotswood. The Proprietors
St. James's, considering the condition of their Province of North Carolina,
as well in regard to the late insurrections and tumults that have
been there, as to the present Indian war, have thought nothing
could more encourage the inhabitants to return to their duty,
nor sooner settle peace and tranquility between them and the
Indians than to send a Governor there who might enquire into
the aforesaid disorders and administer justice accordingly ; they
therefore have upon the death of Mr. Hyde appointed Mr. Eden,
the bearer hereof, to be Governor of that Province ; a person
we hope duly qualified for that service ; and I recommend him
to your friendship for your advice and assistance, that he may be
the better able in his administration of the Government to put an
AMERICA AND WEST INDIES. 253
1713.
end to that war, and their own intestin jars, in giving which you
oblige, Sr., your humble servant. Signed, R. Shelton. [C.O. 5,
290. p. 73.]
[Nov. 25.] 506. Nathaniel Blakiston to the Council of Trade and Plant-
ations. Prays leave for Governor Spotswood to exchange,
on behalf of himself and succeeding Governors, 50 acres of the
land near James Town set apart for the use of Governors, for
some land belonging to Col. Philip Ludwell near Williamsburgh,
the seat of Government having been removed thither, etc. En-
dorsed, Reed. Nov. 25, Read Jan. 5, 17|f. 1 p. [C.O. 5, 1316.
No. 97 ; and 5, 1304. pp. 2-4.]
Nov. 27. 507. Sir E. Northey to the Council of Trade and Plantations.
Your Lordships having appointed to hear the matter relating to
the Lord Archibald Hamilton on Tuesday next, and there being a
Council at Windsor on Monday, Mr. Sollicitor General and myself
shall not be able to attend then etc. Proposes Friday. Signed,
Edw. Northey. Endorsed, Reed. Read Nov. 27, 1713. f p.
[C.O. 137, 10. No. 31 ; and 138, 14. p. 49.]
Nov. . 508. Governor Dudley to the Council of Trade and Planta-
Boston in tions. Recommends Col. John Redknap, H.M. Engenier, for his
New England. i O y a ^y an( j services the last nine years in raising and amending
the forts and defences of these Provinces. Continues : The
happy Peace Her Majesty's wise Council has happily brought to
pass gives him leave to wait on your Lordships etc. Here are
some alterations in the frontiers necessary in respect to the
fortifications, and places for trade with the Indians who are
lately reduced to H.M. obedience in which Col. Redknap will be
very serviceable etc. Signed, J. Dudley. Endorsed, Reed. 25th
Jan. 17f|, Read 25th June, 1718. H pp. [C.O. 5, 866. No.
152 ; and. 5, 915. pp. 128, 129.]
Dec. 1. 509. Governor Dudley to the Council of Trade and Planta-
New England, tions. My last (24th Aug.) brought the papers relating to the
on ' Massachusets Province. This is accompanyed with the papers
and Minutes from the Province of Newhampshire, being not
willing to venture them all by one conveyance especially a private
ship, have therefore sent this pr. Captain Brown H.M.S. Reserve.
In my last to Mr. Secretary Popple (Aug. 24) I gave account of
the receipt of the Articles of Peace, and Comerce, which I had
published to the universall satisfaction of all mankind here, and
sent home the dutifull addresses of both the Assemblyes, to H.M.
on that behalfe. Since which I have two letters from your
Lordships, the first of July 8th. In the first clause thereof your
Lordships direct me to give an account referring to the bills of
credit in use etc. Upon my arrivall here with H.M. commands
for this Goverment I was soon overtaken with the Proclamation
of the warr, into which as soon as in all former warrs the French
in my neighbourhood att Canada, soon arm'd themselves and all
254 COLONIAL PAPERS.
1713.
their dependant Indians and put me upon raysing guards and
garrisons, and marching partyes to the number of one thousand
men, and more, who after the manner of establishment and
subsistence, and paymt. here, with their officers, and incidentall
charges, amounts to 30,000 pr. annum, and when the Assemblyes
of both the Provinces came to consider, how to raise that money
necessary for ye first year, they found all the coyn, and bullion,
passing in trade not end to pay the necessary expences of the
year, and by their Comittyes projected these bills of credit, and
prayed at first to make a triall of only ten thousand pounds, for
which the fund should be an Act of Assembly, for 12,000 payable
in three years into the Treasury, making the said bills currant
only to pay the said taxes into the Treasury, before the year was
out, they granted another tax for as much more upon a like
fund for further time. The perfect want of money was such that
the bills became currant in all trade with merchants and country-
men, with that honour that I never heard of any abatement in
payment, either in trade, or market, or any dealing whatsoever.
The heat and length of the warr forct the Assemblyes to continue
their impression of them from first to last to the valew of and
all those Acts under H.M. seal of these Provinces are in your
Lordships' office sent home annually, and there is no penny
issued in bills till that security be duely enacted, signed by the
Speaker for the Representatives, by the Secretary for the Council!,
by the Governour for the Queen, and agreably there are already
in and burnt thousand pounds and there are yet standing out
and in use thousand pounds which four or five years will bring
in and leave the Province out of debt. And I may assure your
Lordships without this method I could never have subsisted nor
cloathed the Forces, that have defended and secured these
Colonyes as well as our neighbours, but must have left all to ruin
and mischief. Referring to that temporary Act to prevent the
oppression of debtors your Lordships see by the Act that it is
but for three years, and it does not oblige the creditor to take
them in payment of the debt, but only that if the debtor can
deposite so much, as the debts in Province bills, it shall save his
person from imprisonment untill the money can by that means or
any other estate discharge his debt, which short time will soon
be out, and without any great foresight, it is easy to be seen, that
these bills when they come to be paid up will be five pr. cent,
better then money because the Treasury receives them att that
advance, as appears by every one of those Acts and the usage
heitherto. The forgery and fraud offer'd to the bills of which your
Lordships enquire is not much, and is generally soon discover'd,
and reformed, and is no other I am humbly of opinion then the
corruption, and false coyning of money, stampt paper, and other
paper credits which has been too often done in Great Britain,
which I hope will be all over in three or four years, by which time
the last of them will come to the fire, however, what your Lord-
ships in your wisdom shall direct, shall be done therein. Referring
to the return of H.M. subjects from the French, and Indian
hands in Canada, I have lately received the French King's orders
AMERICA AND WEST INDIES.
255
1713.
[Doc. 1.]
Dec. 1.
Whitehall.
Dec. 2.
Whitohnll.
Dec. .3.
Windsor.
to Mr. Voderil the Governour there to dismiss them all, and with
those letters I have sent overlands agents to demand and gather
together those prisoners, and have acquainted Mr. Voderil that I
will send a ship early in the spring up Canada River for their
transportation home, of which negotiation I shall acquaint your
Lordships for further direction if need be. I am glad of your
Lordships' satisfaction in my endeavours to restore the Eastern
Indians to their obedience, to H.M., and hope the Articles of the
Treaty with them are att the Board before now, they are intirely
submitted to H.M. disposal! and we are in all friendship with them,
and shall return to our employment of navall stores and hus-
bandry everywhere as formerly. I shall obey your Lordships
in seeking to advance the Secretaryes salaryes in both the Prov-
vinces as they well deserve. I received the Treatyes of Peace,
and Assiento which your Lordships last mention in this letter,
and H.M. great wisdom, and princely regard to all her good
subjects, and neighbours is apparent therein to all mankind.
Your Lordships other letter is of the 25th of Aug. referring to
sending home prisoners without proof of their crimes. It has
been my good fortune, heitherto never to send any prisoner home,
but I shall obey your Lordships in the method commanded if
any such thing happen. Signed, J. Dudley. Endorsed, Reed.
15th Jan. 17 j|, Read 25th June, 1718. 2^ pp. [C.O. 5, 866. No.
153 ; and 5, 915. pp. 130-135.]
510. Declaration of John Martin. Charlestown. On May
30th Joseph Ellecut came in from the Bahamas and told Mr.
Craven that he was taken by a Spaniard there, as were also two
New England and one Bermuda vessels, come there to load salt.
(v. Oct. 13). Signed, John Martin. Endorsed, Reed. Read
Dec. 1, 1713. 1 p, [C.O. 5, 866. No. 9 ; and 5, 913. p. 460.]
511. Lord Bolingbroke to Lt. Governor Moody. Your letters
of the 4th of Octr. from Vigo, and of the 24th from Lisbon are
come safe to my hands, and I have laid them before the Queen,
who thought fit, to consult with the Lords of the Admiralty,
upon what you propose therein, as most conducive to H.M.
service, and I am now to acquaint you that H.M. approves of
your continuing at Lisbon, with the forces under your command,
during this winter, that you may be able to proceed very early
in the spring to Placentia, and She has given orders that a timely
supply shall be sent you of such provisions as you may have
occasion for in your voyage. I beleive the Lords of the Admiralty
have writ to this eft'ect to their officer. Signed, Bolingbroke.
[C.O. 324, 33. pp. 19, 20.]
512. Mr. Popple to Mr. Borret. Presses for Mr. Solicitor
General's report on Acts of Pensylvania (v. Aug. 3). [C.O. 5,
1292. p. 394.]
513. Lord Bolingbroke to the Council of Trade and Planta-
tions. The Spaniards in the West Indies having seized several
256 COLONIAL PAPERS.
1713.
ships belonging to H.M. subjects as they were lading salt according
to custom at Tertudos, on pretence that it was an unlawful
practice for that the said Island belonged to the Crown of Spain,
I send you an abstract of the case that you may please to take the
same into consideration, and inform H.M. how the prescription
is as to her subjects gathering salt on that Island. Signed,
Bolingbroke. Endorsed, Reed. Read Dec. 4, 1713. 1 p.
Enclosed,
513. i. Abstract of following. 1 %)
513. ii. Address of the Governor, Council and Assembly of
the Massachusetts Bay to the Queen. Salt for the
fishery of this Province has hitherto principally been
gotten from Salt Tertudos etc. as Sept. 24, an island
uninhabited and in all times past used and free for your
Majesty's subjects to gather and load salt there without
interruption, save only what they have sometimes met
with from pirates and privateers in time of war, and have
likewise had your Majesty's royal favour in allowing them
the protection of a ship of warr for a guard and convoy.
But in this present summer, long after the suspension
of arms, a ship of good burthen named the Marlborow/h
galley, Daniell Frizell commdr., belonging to the
Port of Boston, and other English vessells lading salt
at the said Island, were surpriz'd and seiz'd as they
lay at anchor by an armed sloop mann'd with about 80
men, commanded by Monsr. Nell, captain, having a
commission from the Spanish Governor of St. Domingo,
and carry'd to that Island, on pretence of unlawfully
gathering salt there, as belonging to the Crown of Spain.
Pray H.M. to secure her subjects a free and uninterrupted
course of trade to the said Island, etc. Signed, J.
Dudley, Isa. Addington, Secy., John Burrill, Speaker.
Copy. 3 pp. [C.O. 5, 866. Nos. 10, 10 i., ii. ; and
(without enclosures) 5, 913. p. 461.]
Dec. 4. 514. Wm. Lowndes to Mr. Popple. The Lord High Treasurer
refers following to the Council of Trade and Plantations for their
report. Signed, Wm. Lowndes. Endorsed, Reed. Dec. 18th,
Read 5th Jan. 17^|. 1 p. Enclosed,
514. i. Philip Ludwell to the Lord High Treasurer. Nov. 26,
1713. Prays, on behalf of himself and Nathaniel
Harrison, Commissioners appointed for settling the
bounds betwixt Virginia and Carolina, and of Harry
Beverly, Jno. Allen and Henry Briggs, persons employed
in that service, payment for the same of 250 out of the
Revenue arising by the quit-rents, etc. Signed, Phil.
Ludwell. 4| pp.
514. ii. Copy of Minutes of Council of Virginia, April 30th,
1713, recommending payment of above. 2 pp. [C.O.
5, 1316. Nos. 98, 98 i., 99 ; and (without enclosures)
5, 1364. pp. 4, 5.]
AMERICA AND WEST INDIES.
257
1713.
Dec. 4. 515. Mr. Popple to George Tilson. The Board of Trade
Whitehall, request a copy of the address relating to Tertudas, presented to
Lord Bolingbroke. v. No. 513 ii. Signed, Wm. Popple. 1 p.
[C.O. 5, 751. No. 86.]
Dec. 4. 516. Extract of a letter upon the state of Placentia etc.
Boston, (To same effect as Dec. 11 q.v.) Endorsed, Reed, (from Mr. Moore)
* Jan. 25th, Read Feb. 9th, 17}f . 1 pp. [C.O. 194, 5. No. 28.]
Dec. 5. 517. Deposition of Robert Keirton, mariner. Narrates
seizure of the Marlborough galley, v. No. 513 ii. Endorsed, Reed.
7th, Read 16th Dec. 1713. 1 p. [C.O. 5, 866. No. 11.]
Dec. 7. 518. Mr. Bridger to [? Lord Bolingbroke]. I have prosecuted
Boston in several persons to an execution for a breach of the Act forbidding
n ' the cutting of mast trees, and the officers have levyed upon their
estates for the penalty s, and when the day of sale came, their
neighbours being offenders in the like crime, none would appear
to buy, so that the forfeitures are not levyed, nor can untill
the Act of Parliament have some amendments made, etc. The
addition of Nova Scotia to H.M. Dominions is an enlargement
of my survey ; where there is great numbers of masts, and
ought to be preserved for the use of H.M. Navy
will requier that I have deputies allowed me, etc.
for one person to do it, etc. Signed, J. Bridger.
Jan. 15. If pp. [C.O. 5, 751. No. 87.]
which service
'Tis impossible
Endorsed, Rd.
Dec. 7. 51 9. Same to [? Lord Bolingbroke]. Encloses petition to H.M.
Boston in f ro m the people of Newbury belonging to the Church of England,
' wch. Church they have built at theire owne charge tho' forbid by
the Goverment, and to prevent any future alienations or alter-
ations of the peoples minds and humors, I have bought the
ground the Church stands on, and have made it so secure that it
cannot be taken away, there is now 300 auditors : in 6 months
I am pretty well assured we shall have more than twice that
number, etc. Signed, J. Bridger. 1 p. Enclosed,
519. i. Address of the Minister, Churchwardens, Vestrymen
and Inhabitants belonging to the Church of England in
the west precinct of Newberry in New England, to the
Queen. Our gratefull sense of the advantages of the
Peace rises in proportion to the miseries we endur'd
by the war, which rag'd more in this Colony than in
any other part of your Majesty's Dominions. Our
country has been the scene where the barbarous and
savage enemie acted unexampled cruelties and the laying
wast our towns the butchering of our neighbours or
leading them into a miserable captivity are the evils
from which we are now delivered. But this happy
change in our temporal condition is not ye only subject
of our joy. Your Majesties' care of our spirituall
concerns does likewise claim our most unfeigned acknow-
ledgments. For we are inform 'd by General Nicholson
Wt. 5622. C.P. 17.
258 COLONIAL PAPERS.
1713.
(that worthy patron of vertue and religion) that your
Majesty graciously intends to establish bishops and
bishopricks within your Majesty's Plantations of
America, and that the Honourable Society for pro-
pogating the Gospel in Foreign Parts encourag'd by
your Majesty's pious resolution have laid before your
Majesty the particular manner of their respective settle-
ments. Being con vine 'd that the Church of England
is a pure Orthodox Church we have left the schism
which has so unhappily prevail'd in this country, and
we have reason to believe that many other places
will follow our example and come into ye communion
of the Church were they so happy as to have ye successors
of the Apostles resident among them. Commend
the services of John Bridger, "who has protected us in
building our church when forbid, and obtain'd for us
since the protection of this Goverment by easing
us of our minister's tax, and releasing one from imprison-
ment, all which was inflicted on us by the Independants."
Pray for H.M. protection and bounty, etc. Signed,
John Lambton, Minister ; Joshua Brown, Abraham
Merrill, Churchwardens ; Joseph Bailey, Samuel Burtlet
(?), Abel Long, Saml. Sawyer, Joshua Brown, jr., John
Bartlett, Vestrymen ; William Huse, and 19 other*.
1 p. [C.O. 5, 751. No*. 88, 88 i.]
Dec. 9. 520. Memorial by Capt. Cyprian Southack. Urges the
Boston, diligent improvement of the fishing trade of L'Accadie and
New England. ^ova Scotia by settling inhabitants along the coast, etc. Signed,
Cyprian Southack, gent. Endorsed, Reed, (from Mr. Moore)
Jan. 25, Read Feb. 9, 17}. 2 pp. \C.O. 194, 5. No. 29.]
Dec. 11. 521. Archibald Cumings to the Council of Trade and
Boston. Plantations. Having left Newfoundland Oct. 24th to waite on
Col. Nicolson here none of our troops were arrived att Placentia
the 17th Oct. etc., and att Col. Nicholson's request having drawen
up a memoriall of the state and trade of that countrey which
he approved off and desired me to lay before your Lordships,
which is as follows. The codd fishery is improved to the vast
advantage of Great Brittain, and might be improved to greater
advantage, for there has been imployed in that trade and fishery
some years of last peace 200 sail, and in time of warr 130 to 150.
It is to be hoped that the surrender of Placentia may make it
more beneficiall. The branches of trade that country more
immediately depends upon are provisions of all sorts which are
imported from Great Brittain, Irland and the plantations, craft
for the fishery and clothing from Great Brittain, salt from Spain
and Portugall and in time of peace from France. There is also
a trade carried on from Portugall and Spain and since the peace
from France for wines, oyll, brandy, fruites, iron, linens, molosses,
alamodes, canvis, paper, and from Holland of late for cordage,
hollands, duck, powder, iron, polls etc. which is very detrimentall
AMERICA AND WEST INDIES. 250
1713.
to the trade and manufactures of Great Brittain and will more
and more unless speedily prevented by putting the Acts of trade
in execution in that country, and it's supposed severall ships
imployed in that trade belong to forreigners which is very pre-
judiciall to our Navigation, and a great deall of this trade is
carried on to incourage an illegall trade to the Plantations, to
prevent which it will be absolutely necessary that all ships should
enter and clear that the Government may be the better informed
of the import and export of that countrey and that all the ships
should be registred as the law directs to prove the property to be
Brittish, and that the officers in the Customes in that countrey
may be enabled to putt the Acts of trade in execution by erecting
and establishing a Court of Aclmiraltey, etc. As to other branches
* of trade carried on from the Plantations thither with provisions
rume molosses suger tobacco pitch tarr catle boards there is
litle or no illegall trade carried on this way only when tobacco
is plenty and cheap and pitch and tarr it is sometimes shiped
from thence for Portugall and Spain, but a great deal of illegall
trade carried on from thence to the Plantations with wines, oyll,
fruites, brandies and Dutch goods. But the French having still
the liberty to fish in the northern parts of Newfoundland so round
to Point Rich to the westward it will be necessary for the incour-
agement of that trade and fishery to have such places fortified
as may be thought most proper for fortification and protection
of the fishery in case of an irruption with the French being so
near neighbours and especialy since they are to have Cape Britton
and are now actualy fortifying of itt being an island of 40 leagues
in length and they are fortifying three harbours in itt and for
the incouragement of the French in Nfoundland and Nova
Scotia to remove and setle where the French King offers 18 months
provisions gratis with sloops shallops and shalloways to carry on
the fishery att his own charge etc. The French have had a
man of warr of 32 guns with Monsr. St. Ovid Lt. Governour of
Placentia and most of the soldiers of that garrison imployed in
fortifying of itt since July with a detachment of 150 men from
Quebeck to assist, all the brass field peices mortars and cohorns
taken in Fort William in St. Johns in 1708 being transported
to Cape Brittoun and a great deall of ammunition and 150 of the
inhabitants of Placentia went in shallops and shalloways in
September last to setle ther. The garrisons of Placentia are much
out of repaire and doe beleive the French will in a manner demolish
the lower fort this winter there being a great breach to the
seaward and pulling down the pallisadoes to burn daily and if
in the winter any storms should arrise may beat down all the
ramparts to seaward unless our troops gett there this fall. But
the setling of Cape Britton and fortifying itt in 3 places or harbours
being 40 leagues in length 40 mile broad with severall convenient
harbours and store of good timber with abundance of coals of
easy access and the only place for them on the continent having
so many advantages it wold seem that the French designe a vast
trade there, and in case of an irruption between France and us
would threaten both our fishery and continent trade, besides
260 COLONIAL PAPERS.
1713.
ther alliance with the Indians on that Island and the Continent
adjoyning might threaten our remotest settlements. But the
French by setting Cape Britton will have many advantages over
us in the fishery it being a good coast for fishing and near severall
adjacent banks and the Island of Sable which they propose to
setle being a good place for fishing, which they pretend to be
granted by the king to an officer Mons. Laronde though in our
bounds by the Articles of peace. To putt us upon a levell and to
promote our own fisherys it will be absolutely necessary to have
two harbours fortified on the coast of Nova Scotia where our
fishing sloops may repair to and all such places most convenient
for shipping and nearest the fishing ground to be a check over the
French and Indians in thesse parts and to incourage our fishery
there by which means the fishery may be carried on winter and
summer that so in going sooner to marcate with fish wee may
have an advantage over them in thers and by consequence the
best price, and if it was possible as H.M. subjects are the only
traders to Spain and Portugall for wines brandy oyl and fruites
to gett off the duty on Brittish fish or a diminution thereof it
will be very advantagious to our trade and fishery, etc. Signed,
Archd. Cumings. Endorsed, Reed. 18th, Read 19th Jan. 17^f .
Addressed. If pp. [C.O. 194, 5. No. 26; ami 195, 5. pp.
316-323.]
Dec. 12. 522. Col. Vetch to the Council of Trade and Plantations. I
Boston, could not but judge it my duty by this conveyance to give your
New England. L or d s hip s the trouble of the following short account notwithstand-
ing I hope to have the honour to waite upon your Lordships in
person very soon with a more full account of the state of affairs
in the northern part of this Continent : I mean Accadie and
Nova Scotia : where I have for these three years last past had the
honour to command H.M. Fort of Annapolis Royall. The follow-
ing account is what I see in a letter from France to on(e) Msr.
Goline a Missionary for the Indians upon the coast of Cape
Sables and Cape Brittoun and from his own mouth ; he being a
person of the greatest credit att the French Court with relation to
these countrys as knowing them better then any Indian whatsom-
ever. The substance of the letter was, that by the conclusion of
the peace the English were to be possessed of all the eastern
coast as farr as the Gutt of Cancer, which country the Ministers
of France had too easily parted with as not being then sufficiently
apprised of its value : however they were not without hopes of
yet in some measure by getting the Bay of Fundy or French Bay
made the limits of the English to the eastward : this if it depends
only upon the English Ministers they doubted not to obtain.
In the mean time the French King had ordred three considerable
settlements att Cape Brittoun, and had alotted all the funds
that were formerly for the support of Port Royall and the country
of L'Accadie and Nova Scotia : Placentia and St. Peters in
Newfoundland to be apply'd for the support of Cape Brittoun :
besides a considerable augmentation and that there was to be
600 regular troops to belong to the three Forts to be erected there ;
AMERICA AN!) WEST INDIES.
1713.
so far the letter. Msr. Goline told me himself that Msr. St.
Ovide late Lieut. Govr. of Placentia was arrived from France
in a frigatt of 30 gunns att Cape Brittoun, that he had received
from him letters from Msr. Pontcharterne to give his oppinion
and advice to Msr. Castobell late Govr. of Placentia and the
other principall officers that were to be at Cape Brittoun of the
properst places for building the forts and settlements upon : who
was by their desire pressed to make all possible haste to Cape
Brittoun : Msr. St. Ovide who then commanded att Cape
Brittoun : wrote him that a detachmt. from Quibeck of 180 men
were arrived under the command of Captn. La Ronde and Duvive
and a part of the garrison of Placentia under the command of
Msr. Hermite late Major there : and that they had aboard the
frigatt all proper tools and necessarys for working upon the
fortifications : he added that the King was to make the settlement
of Cape Brittoun much like that of Martinico : that there was
to be a Generall who he said to be the Marquis D'Alergny present
Commandant of the troops att Canada. That Msr. Du Costobell
to be Chief Govr. of the Island Msr. St. Ovide Lieut. Govr.
Msr. Artell to be Commandant of the troops and Msr. Hermite
Major and Commander of on of the forts and Chief Engineer.
That the French King had promised every planter that would go
settle there 18 months provisions gratis and all sorts of tools : and
to encourage the fishery promised to lend them ships and advance
them salt and other necessarys. This I thought myself in duty
bound to inform your Lordships of, whose province it is to judge
how farr this will affect the Brittish intrest and trade in these
parts, etc. P.S. The above-mentioned Capt. La Ronde and
i)u Vive belonged to the garison of Port Royall when wee took
that place, but the first was not there being Capt. of a frigatt,
and mostly employed by the French Govrs. in these parts as a
spy in the Brittish Governments under pretence of a flagg of
truce : he was att Boston under that character from Placentia
when the expedition against Quibeck arrived there : and was
confined to the Castle untill after the news of the disaster of the
Fleet reached that place when he gott of and went to Martinico.
It is to this La Ronde as wee are informed via Placentia that the
French King hath given the Isle of Sables : which by the Articles
of peace to belong to the Brittish Dominions in these parts.
Signed, Sam. Vetch. Endorsed, Reed. 15th, Read 19th Jan.
17^f. 2pp. [(7.0.217,1. No. 14 ; and 218, 1. pp. 82-85.]
Dec. 14. 523. Governor Nicholson to the Earl of Dartmouth. Acknow-
Boston in ledges letter of Aug. th. Compliments. Encloses following, of
England. wnic h 3}000 were p r j n ted at Boston. Continues .-There are
sent over to this place, and I suppose to others of this Continent
all the traiterous factious and ill-natured pamphlets of all sorts ;
and are industriously spread abroad amongst the people. Repeats
proposal that a good number of loyal prints be sent by the first
safe conveyance, to H.M. Governors, in order to have them
disperst in their several Governments in order to undeceive the
people, etc. Signed, Fr. Nicholson. 2 pp. Enclosed,
2(52 COLONIAL PAPERS.
1713.
523. i. H.M. Speech to the Houses of Parliament, July 10,
1713. Reprinted at Boston by order of Col. Nicholson.
4 pp. [C.O. 5, 751. Nos. 89/89 i.]
Dec. 14. 524. Governor Nicholson to the Council of Trade and Planta-
Boston in tions. Acknowledges letters of May 8 and July 15th. Continues:
England, jyj^ nQ j. touching at Annapolis Roy all for want of pilotts and after
came hither Capt. Wade Commander of H.M.S. Adventure durst
not venture it being so late in the year. I sent your Lordships'
commands to Major Thomas Caulfield, H.M. Lieut. Governor of
Annapolis Royall etc. Refers to enclosures. I design to go [thither]
(God willing) in the spring and from thence to Placentia tho'
as yet I have reed, no news of Col. Moody's being arrived there
and the winter being now sett in can't expect it, etc. Signed,
Fr. Nicholson. Endorsed, Reed. Jan. 15, Read Feb. 9, 17j|.
If pp. Enclosed,
524. .1. (a) Governor Nicholson to Lt. Govr. Caulfield. Boston,
Oct. 20, 1713. Encloses copies of the establishment,
H.M. Commission and Instructions, Proclamation of
Peace etc. and gives Instructions concerning the officers
of the Garrison. P.S. I desire that as few suttling
houses and ordinarys as possible may be both in the
fort and town and that you'l let me know the number
of them and upon what accot. they are, and you must
suffer no person whatsoever to trade with any of yr.
garrison without yr. lycence and see that justice be done
on both sides, not suffering comoditys to be sold at
extravagant rates and that no person whatsoever furnish
yr. garrison with any of the species of clothing untill
all her Majty.'s be dispos'd of, and I heartily recommend
to you that as little licquor as possible be sold to any of
the garrison, etc. Signed, Fr. Nicholson. Copy. 5\
pp.
524. i. (6) Lt. Governor Caulfield to Governor Nicholson.
Annapolis Royall, Nov. 5, 1713. Acknowledges preceding
etc. The inclosed Memorial will shew you the impossi-
bility of our subsisting on the allowance of fire, that the
establishment hath appointed, etc. Encloses muster-
rolls of the 4 companies, and refers to regimental business.
etc. This day I summoned all the inhabitants of this
place and signify'd H.M. goodness to them, the principall
of which seems extreamly well satisfyd and willing to
continue in their plantations which in my humble
opinion will be of great service to this garrison, and as
for the others the sooner we are rid of them the better.
According to your orders I shall take care to lessen the
sutlers, etc. Signed, Thos. Caulfield. Copy. 5 pp.
524. i. (c) Governor Nicholson to Lt. Governor Caulfield.
Boston, Nov. 15, 1713. Encloses his Commission of
Vice-Admiralty and refers to arrangements for provision-
ing the garrison, etc. Let me know how the trade with
your Indians is managed for great care must be taken
AMERICA AND WEST INDIES. 203
therein, etc. I send you the law lately passed here
concerning the Indian Trade, by which you may see
what care is here taken about it, the Assembly desired
my assistance about the said Act, etc. Signed, Fr.
Nicholson. Copy. 2| pp. The whole endorsed, Reed.
Jan. 15, 17|f.
524. ii. Governor Nicholson to Governor Hunter. Boston, Oct.
I !>, 171 3. Endow* correspondence, Commissions and In-
structions etc. Mr. William Newton brings other letters.
1 desire your Excelly. will let me have an accot., what
condition your four companies are in, both in respect to
number and clothing and where they are in garrison,
as likewise how your affairs are with your Indians espec-
ially the Five Nations, also in what circumstances the
Pa latins are etc. 1 hope this winter or early in the
spring to be with your Excellency at New York. Signed,
F. Nicholson. Copy. 2 pp.
524. iii. (a) Governor Hunter to Governor Nicholson. New
York, Oct. 26, 1.7 13. I am at a loss what to do with the
Lieuts. for the bills for their subsistance last year are
not paid, and there being such considerable summs stopt
in the Pay Office, that I doubt they have contracted such
debts here as will retard their departure uiitill satisfaction
be given to those who have trusted them, etc. The
Governor and Lt. Govr. when there is one, have always
had two of the Companys etc. Discusses distribution
of officers. As to the condition of our companys they
are in a much better then ever they have been since
they were levied, having lately receiv'd 100 recruits
from England, the best of the kind I ever saw, being
draughted from the standing regiments, by which
means we are compleated to our establishment and many
supernumerary. They were compleatly new cloathed
last week, etc. I have two companys intire here in
garrison, there are two at Albany, out of which there is
detacht a Lieut, and 20 men at the fort in the Mohacks
country, and a Lieut, and 20 men at Schenectady, nowe
the companys are compleated, I shall reinforce both
these places. The uper Nations have been in a great
ferment upon accot. of the warr, betwixt our Southern
Provinces and the Tuscororo Indians, but have at last
promis'd that they will neither shelter nor assist them
for the future, this they did lately by Hendrick Hansen,
Bleeker and others, whome I sent to them for that
purpose ; Coll. Schuyler declineing that service upon
account of his late loss, and indeed it goes very hard
both with those employed and him who employs them ;
for our Assemblys here will allow nothing for these so
absolutely requisite services. Encloses list of the Palatines.
Totals, 724 on the east and 284 on the west side of
Hudson's River ; 500 at Schoharee and 500 dispersed
amongst the planters for their subsistance . Continues :
264 COLONIAL PAPERS.
1713.
Having exhausted all my credit and substance toward the
subsisting that people and pursueing H.M. instructions
for that purpose and none of my bills paid, I was laid
under the hard necessity of ordering them to subsist
themselves in the best manner they could until H.M.
further pleasure should be known, but none of them to
leave the Province upon any account, which I believe
few have done, the accounts etc. are ready for your
inspection, etc. Signed, Ro. Hunter. Copy. 5 pp.
524. iii. (l>) Governor Hunter to Governor Nicholson. New
York, Nov. 2, 1713. Enquires what officers are to be
sent from hence to Placentia and Annapolis Royall,
and the date of his proposed visit, etc. Signed, Ro.
Hunter. Copy, p.
524. iii. (c) Governor Nicholson to Governor Hunter. Reply
to No. iii. (a). Boston, Nov. 2, 1713. I writ to the Warr
Office, to know where the half pay officers are to be paid,
but as yet received no answer ; in the intrim it will be
best for them where they are, and that your Excellency
will subsist or get them credit proportionable to their half
pay, there being no sending any of them this winter either
to Annapolis Royal or Placentia, etc. Refers to clothing
arrangements, etc. The first bill for building the two
Mohawks fort was paid long before I left London, the
other I heard nothing of, but hope they will be paid if yr.
Excelly. will write to my Lord High Treasurer. I hope
yr. Assembly will pay those gentlemen that have and
shall be employ 'd to goe into the Indians' country,
especially the Honble. Coll. Peter Schuyler. As for
subsisting the Palatins, I have no commands from H.M.
about it, but I desire you to let me know whether any
of them are at present subsisted and upon wt. accot., and
to what time they have been, what progress they have
made in tarr etc., if any of them are at work on that
comodity or any other and upon what account. I
desire an account of provisions, arms, stores etc. that
came to your hands or other persons in your Govern-
ment upon accot. of the late expedition to the River of
Canada, and such part of the remains of the said stores,
provisions etc. as will not be necessary to serve the uses
for which they were first provided may be sold and
disposed of to H.M. best advantage. Signed, Fr.
Nicholson. Copy. 2 pp.
524. iii. (d) Governor Hunter to Governor Nicholson. New
York, Nov. 9, 1713. I have all along done what I could
to serve Col. Schuyler, and as often as he has brought
me any accounts for his services amongst the Indians
so often have I recommended them to the Assembly,
and he has been paid, etc. The Palatins were subsisted
by me from their arrivall in this Province to Sept. 13th,
1712, as will appear by the books kept by the officers
appointed for that service. The non-payment of my bills
AMERICA AND WEST INDIES. 265
1713.
and the consequence of it there being a stop put to their
subsistance made it impracticable to prepare a succession
of trees for the ensueing years, that poor people with all
their labour having difficulty enough to find their dayly
bread, but such of them as remain upon the place, if I can
find credit, I intend to employ in the manufacturing
the trees all ready prepar'd which promise very well,
that work is to begin early the next spring at farthest,
the trees requireing to stand three years time after their
first preparation as the Lords of Trade are sufficiently
appriz'd. When they are at work it is upon the public
account as I was instructed for I have never yet imployed
one of them on my own. I will send accounts of stores,
etc. Signed, Ro. Hunter. Copy. 2 pp.
524. iii. (e) Copy of Lord Dartmouth's letter of Feb. 13, 1712.
524. iii. (/) Governor Hunter's message to the Assembly upon
Lord Dartmouth's letter (preceding) relating to stores.
Copy. 1 p.
524. iii. (g) Governor Nicholson to Governor Hunter. Boston,
Nov. 9, 1713. Enquires what time in the spring he is
to meet the Five Nations, because he would be there,
etc. Signed, Fr. Nicholson. Copy. \ p.
524. iii. (h) Governor Hunter to Governor Nicholson. N.York,
Nov. 16, 1713. The end of this week I goe to Burlington
to attend the Assembly there. In the spring I must
meet the Assembly here, who shew at present some
disposition to pay the debts of the Government. I
know not how long they may continue in that mind and
am not sanguine enough to hope for so good an issue.
If that affair may be discussed before May, I intend
then to meet the Five Nations' Deputy s at Albany, etc.
Signed, Ro. Hunter. Copy. \ p.
524. iii. (i) Governor Nicholson to Governor Hunter. Boston,
Nov. 16, 1713. Reply to iii. (d). The reason I
mentioned Col. Schuyler was because you had writt
about him Oct. 26th, etc. Signed, Fr. Nicholson. Copy.
Ip.
524. iii. (j) Governor Hunter to Governor Nicholson. N. York,
Nov. 23, 1713. Replies to preceding. I have a letter
from Mr. Taylor by order of my Lord Treasurer to send
him my accots. and vouchers. Sure they must mean
copys, which they allready have, but it cannot be ex-
pected that I should part with my vouchers untill I am
discharged, etc. Signed, Ro. Hunter. Copy. \ p.
524. iii. (k) Governor Nicholson to Governor Hunter. Boston,
Nov. 23, 1713. Encloses letters from Lord Dartmouth
to be sent to M. Segon, Intendant of Canada, and Mr.
Dural, Director General for the Assiento Company,
Carthagena, etc. Mr. Newton is at last arrived (v.
ii. supra}. Signed, Fr. Nicholson. Copy. 1| pp.
524. iii. (I) Governor Nicholson to Governor Hunter. Boston,
Nov. 30th, 1713. I should be glad to know what accots.
2<><> COLONIAL PAPERS.
1713.
you are to send to my Lord High Treasurer. Mr.
Newton writes me that he was 24 days going between
Rhod Island and New York, etc. Mem. What letters
went by ye post to New York could not be answered
sooner than a fortnight being seven days going and seven
returning. Signed, Fr. Nicholson. Copy. 1 p. The
whole endorsed, Reed. Jan. 15, 17 [f.
524. iv. Governor Nicholson to Governor Craven of South
Carolina. Boston, Nov. 3, 1713. Encloses Commission,
etc. This opportunity by Mr. Samll. Savill is ye first
since my arrivall ye 12th of last month. I hope to
have the honour of seeing you in your Goverment next
summer, etc. I hope you'll lett me know whereby I may
be enabled to do H.M. any service in your Goverment. I
likewise desire you will send me an accot. of ye condicon
of your Goverment as likewise what accot. you have of
ye Bahama Islands. P.S. I have discoursed Mr. Savill
about ye French settlements on ye Messascipi River
and shall be glad to know from you ye particulars of
that affair. 1 think it concerns your Governmt. to
have as just and full accot. about ye settlemt. of ye said
river either by French or Indians as possible you can
and if I can be any ways serviceable in that affair it
shall be readily done by, Signed, Fr. Nicholson, Same
endorsement. Copy. 1 p.
524. v. Governor Nicholson to the Lords Commissioners of
the Admiralty. Boston, Dec. llth, 1713. Encloses
papers relating to Capt. Caleb Wade, H.M.S. Adventure.
Continues : I considering our arrivall here so late in the
year, with the ways 1 found Capt. Wade intended to
have taken, by either going to the West Indies or
wintering here, not being able to go from hence to the
northwd. or returning from the West Indies before
Aprill, that he would want pilots to all places except
Newfoundland and Virginia, that the Adventure drew
too much water to go over the barr to Charles Town,
(the seat of the Governmt.) in South Carolina, as like-
wise among the Bahama Islands, that it was dangerous
for the said ship to go to Annapolis Royall and along the
coast of Nova Scotia, except in summer time, that
provisions here are and likely to be very scarce and
dear though I should fail in my duty to Her most
sacred Majestic, if I did not do what in me lay for the
sd. Capt. Wade's returning with H.M. ship as soon as
possible to Great Britain in order to receive your
Lordships commands. I shall endeavour (God willing)
to discharge the trust H.M. has been pleas'd to honour
me with, without putting H.M. to the great charge of
such a frigot, for if she had stayed to have carryed
me to the severall places in my Commission mencon'd
I suppose it would have taken up two years more to
have accomplish'd it, but I hope to do it in less time,
AMERICA AND WEST INDIES. :><7
1713.
though it will be much more troublesome and charge-
able to me, but those things shall never govern me.
Asks for their orders to the frigots. attending the
several Governments to transport him as H.M. interest
shall require, etc. Asks that Capt. Wade may not be
given full credit in any charges he may bring without
his having the opportunity of justifying himself, etc.
The principall thing which I intend is, that H.M. might
not be put to 5 or 6000/. a year charge upon my acct.
(which I suppose the Adventure would stand in) when I
can transact H.M. affairs without it, etc. Signed, Fr.
Nicholson. Same endorsement. Copy. 2 pp.
524. vi. Governor Nicholson to the Board of Ordnance. Boston,
Dec. 11, 1713. I am very much concerned that there
have been such differences at the garrison of Annapolis
Royal, between Col. Vetch, Mr. Vane and Mr. Hutchinson
etc. Encloses papers concerning them. I think that
unless those gentlemen should appear before your
Honours to make out their accusations against one
another, you will not be able to know the full truth of
them. I have spoke to Col. Vetch and Mr. Borland to
let me have the muster-rolls and accounts of provisions,
etc. Col. Vetch designs for Great Britain in the spring,
etc. Col. John Redknap is by this oppertunity designed
to wait on your Honours and will give you an acct.
of Annapolis Royal, etc. P.S. I am now examining
the accots. of Ordnance stores, etc. Signed, Fr.
Nicholson. Subscribed,
524. vi. (a) Inventory of stores of war at Boston intended for
the Canada Expedition. Signed, Andr. Belcher, Com-
missary. The whole endorsed, Reed. Jan. 15, 17|.
Copy. 2 pp.
524. vii. Governor Nicholson to the Commissioners of Customs.
I am heartily sorry that the first time L have the honour
of writing to you [is] upon so ungrateful! a subject as
that of the Tiverton galley. Endows papers and asks
for directions, etc. H.M. immediate service here not
permitting me to go to the southward this winter,
Esq. Birchfield is gone to New York and from thence for
Maryland, and I hope lie will perswade Judge Mompesson
to go with him thither, that Gent, being esteemed the
best lawyer in these parts, and I heartily wish he could
go for Great Britain because I believe it would conduce
to H.M. service, in particular concerning H.M. Revenue,
etc. Capt. Charles Brown, H.M.S. Reserve, now designed
for Great Britain, was here when the affair of the
Tiverton galley happened. I think it would be for
H.M. service that the Capts. of H.M. ships had a power
from your Honrs. about illegall trade, etc. Commends
Capt. Brown. Signed, Fr. Nicholson. Same endorse-
ment. Copy. 2%PP- [0.0.217,1. Nos. 15, 15 i.-vii. ;
and (without enclosures) 218, 1. pp. 80-89.]
208 COLONIAL PAPERS.
17K5.
Dec. 22. 525. Mr. Solicitor General to the Council of Trade and
Plantations. Report upon Acts of Pensylvania (v. Aug. 3) (1)
As to the Act for ascertaining the rates of mony for payments of
debts and preventing exactions in contracts and bargains made before
May 1st, 1709, passed in Pensylvania Oct. 14, 1708, I can't but
take notice of a clause therein, whereby 'tis enacted that the
prices of all goods, wares and merchandizes whatsoever, shall
after May 1st, 1709, be computed at f of the sum and no more
which the seller would have taken for them, if no change had been
made in the currency of their coins by H.M. Proclamation of
June 18, 1704 ; and the British Act of 6th of her present Majesty
for tjie ascertaining the rates of foreign coins in H.M. Plantations ;
which clause may not only be the foundation of many disputes,
but may possibly render H.M. proclamation and the British
Act which were intended to make the foreign coins go at the same
rate in all H.M. Plantations ineffectual ; because by lowering
the price of goods f in Pensylvania, in consequence in respect to
the other Plantations the coin there will be raised to the old value ;
and therefore whether this is a sufficient reason for repealing this
Act, I must submit to your Lordsps. As to the Act for establishing
Courts of Judicature passed in Feb. 1710, I conceive there are
several things in it not proper to be established as law. I can't
see any occasion for erecting such a Supream Court of Judicature
as therein is mentioned ; since Justice as to all the particulars
mentioned in this Act is already administred in Pensylvania in
Courts which this Act calls inferiour Courts ; and those are still
to continue ; only this Court to be erected is to draw from them
what business they think proper by certioraries, writs of error,
habeas corpus etc., which will only multiply suits, or make pro-
ceedings at law more dilatory and expensive. The Justices of
Peace have a power given them to make persons find sureties,
for threatning any person in body or estate ; and yet 'tis not
required the charge should be on oath or affirmation which
leaves a very arbitrary power in the Justices. In that part
of the Act which enacts several laws of Great Britain to be
observed there, 'tis enacted that the Act of 8 and 9 W. III. for
preventing frivolous and vexatious suits shall be put in execution
in Pensylvania as far as circumstances admit. What is meant
thereby I can't apprehend ; but it seems very improper to say
an Act shall be observed as far as circumstances will admit. In
relation to the proceedings in Equity ; there is a clause, that they
shall determine nothing determinable at common law ; nor try
any fact arising on hearing the cause but send it to an issue at
law. Which I apprehend must make proceedings in equity
insufferably dilatory and multiply tryals at law in the plainest
cases to no manner of purpose, for which reason I am humbly
of opinion that this Act ought to be repealed. As for the Act
for regulating and establishing fees. I should have no objection
against it, did it not establish as well the fees of officers of the
Supream Court and Sessions of the Peace and Court of Equity
erected by the Act for establishing Courts of Judicature, as fees
of other officers. And therefore if your Lordships should be of
opinion to advise H.M. to repeal that Act, 'twould look odd in
AMERICA AND WEST INDIES. 269
1713.
this to have the fees of a great number of officers mention'd to be
established ; whereas there will be no such officers if that Act is
repealed. As to the Act for acknowledging and recording of deeds.
There is a clause therein whereby 'tis enacted, that every deed or
conveyance (other than leases for 21 years or under) heretofore
made for any lands, tenements or hereditaments in this Province
not yet acknowledged or proved nor recorded, which shall within
5 years after March 25, 1711, be acknowledged or prov'd and
recorded as therein is mentioned, and all such deeds etc. as had
been at any time since Jan. 12, 1705 acknowledged or proved and
recorded as that Act directs should take effect from the time of
the signing and sealing and be good and available in law. By
which 'tis implied that without the aid of this Act, such deeds are
not good ; and then this Act will make them good by a retrospect
which may prejudice innocent purchasers and creditors. As to
the Act directing an affirmation to such who for conscience sake
can't take an oath, I find that the 4th Dec. 1711 the then Lords
Commissrs. of Trade made a representation to H.M. to disallow
an Act of this nature (possibly this very Act) passed in Pensyl-
vania because the affirmation therein differed materially from the
affirmation enjoyn'd the Quakers by Act of Parliament here ;
and particularly in that the name of Almighty God was not
mentioned, and because a Quaker might give evidence in criminal
matters on his affirmation ; which objections hold against this
Act now transmitted : and taking such affirmation is likewise to
qualifye any magistrate. As to the Act of privileges to a Freeman.
Such an Act formerly passed was repealed, because it interfered
with the Act of 7 and 8 Wm. III. for preventing frauds and regula-
ting abuses in the Plantation Trade, and tho' this present Act has
added a saving to the Admiralty Courts, yet I am apprehensive
it still may interfere with that Act ; and I can't well see what
occasion there is for this Act since by the laws already in being
the Freemen are entituled to all the privileges mentioned therein.
As to the act against riotous sports, plays and games. It restrains
persons from several innocent sports and healthy diversions, and
the penalties in it are too general, and therefore I humbly conceive
it ought to be repealed. As to the Act for priority of payments of
debts to the inhabitants of this Province. I apprehend among
traders in point of reason all persons who give credit to and make
contracts with others should stand on the same foot as to the point
of recovery of their debts, and I conceive that such a preference
of creditors as is given by this Act may prejudice all the subjects
of Great Britain who deal with the inhabitants of Pensylvania,
and therefore that this Act ought to be repealed. As for the Act
for regulating party walls and buildings in Philadelphia, it gives
to the Mayor and Court of Aldermen of Philadelphia a power to
determine differences about party walls and buildings, and to
give damages ; after which the party may sue for those damages
in any Court of Record and judgemt. there given shall be defini-
tive ; on which I observe, that the giving a new suit for the
damages after the Mayor and Aldermen have awarded the same ;
seems a round about away, and only multiplies suits. In the next
270 COLONIAL PAPERS.
1713.
place if a new suit is to be allowed, there ought to be allowed an
appeal to H.M., which is disallow'd by this Act. As to the Act
for laying a duty on negroes, wine, rum and other spirits, cyder
and vessels. Tho' this Act will expire March 10th, 1713 ; yet I
submit to your Lordships' consideration how far it may be proper
for them at Pensylvania to lay a duty on negroes, wine, rum all
shipping, etc., and how far it may affect H.M. subjects here of
which your Lordships are most proper judges. An Act confirming
patents and grants. This Act confirms lands granted by old grants.
before Wm. Penn had the Government, and new grants since ;
with a proviso that this Act shall not confirm any lands took up
by old grants and not duly seated or improved by the grantees
before 1682, and yet for anything appearing to me, who have not
the former Acts, such old grants might be good ; and if so, then
if Perm has granted those lands since his last grant is conh'rm'd
-by this Act, and the old grant avoided. The proviso wherein
'tis said the proprietor shall not be thereby obliged to make good
to any purchaser a right to unlocated lands who in advertency
or by misinformation did or may obtain a patent or confirmation
of lands which are discovered to be the prior right of another
person further or any more than the same quantity of lands in
the next advantageous place, that such purchaser shall chuse
and discover to be vacant and free from all other claims, seems
unreasonable because, if no such land can be found, the purchaser
is to have no satisfaction for his purchase. As to the Act for
better Governmt. of the City of Philadelphia. This Act inflicts
56'. penalty on persons riding a gallop ; and 10s. for persons
trotting with drays or their teams in their streets, and 5s. for
suffering a dogg or bitch to go at large ; or firing a gun without
license or if a negroe be found in any of the disorderly practices
or other misbehaviors, he may be whipt 21 lashes for any one
oft'ence or committed to prison, which words " other mis-
behaviors " are very uncertain, and give very arbitrary power
where the punishment is great. As to the Act for empowering
religious societies to buy, hold and enjoy lands, tenements and
hereditaments. There is a clause in it which confirms all sales,
gifts or grants to them already made, which having a retrospect
may be very prejudicial to purchasers, creditors and other
persons, and therefore I apprehend 'tis fit to be repealed. A
supplementary Act to a law about the manner of giving evidence.
This is lyable to the same objections as the Act directing an
affirmation etc. An Act to prevent the importation of negroes and
Indians into this Province. How far this Act may interfere with
the British interest as to their trading in negroes your Lordships
are most proper judges. But I observe, this Act gives a power to
break open houses to search upon suspicion of negroes being there
generally, which extends to night as well as day, which power is
rarely admitted by our law in offences of an inferior nature. A
supplementary Act to an impost Act laying a duty on negroes, rum,
wine, spirits, cyder and vessels and appropriating certain sums of
money arising by the same and other publick stocks of this Province.
This Act depends on the impost act and ought to have the same
AMERICA AND WEST INDIES. 271
1713.
determination concerning it. Enumerates 12 Acts to which he Jias
no objection. An Act for the further securing the administration of
the Government. An Act of this nature was repealed before upon a
representation of the then Lords Commissioners of Trade Sept.
8, 1709, that the Governor might elude the Queen's power of
approving a Lt. Governor as long as the Proprietor should think
fit to continue the Government in the hands of the President and
( Vmncil, which mischief e seems to be remedied ; because the power
vested in the President and the Council by virtue of the proviso
in this Act continues but six months, which is the time appointed
for the Governor to nominate a Lt. Governor ; and from thence
till the Queen's pleasure is known. Signed, Robt. Raymond.
Endorsed, Reed. 22nd Dec., 1713, Read, 13th Jan. 17jf . " 12 pp.
[C.O. 5, 1204. No. 140: and 5, 1202. pp. 305-407.
Dec. 25. 526. Petty expences of the Board of Trade, Stationer's account
and postage. Midsummer to Christmas, 1713. Endorsed, Jan.
20, 17] |. 7 pp. \C.(). 388, 70. No*. 157-102.]
Dec. 26. 527. Governor Lord A. Hamilton to the Council of Trade and
Jamaica. Plantations. 1 think it my duty to give your Lordships some short
account of the proceedings of our new Assembly, which mett Nov.
26th and satt till ye 24th inst. when they desired a recess for three
weeks, which I accordingly granted them upon ye motives they
made use of to me in their message. (Refers to Minutes of
Council and Assembly). Your Lopps. will see ye sessiones began
with a favourable aspect, and if the same temper and moderation
has not continued, your Lopps. will best judge to whom to
impute ye same from ye following facts. Mr. Brodrick Speaker
of ye late Assembly finding a mighty clamour made in ye House
against providing for H.M. officers and soldiers for one year,
as usuall, and that several members absented themselves from
ye service of ye House on that pretence, came to me with some
others of ye well disposed members and proposed for an expedient
that ye title of ye sd. Bill should be, for raising a fund to provide
an additional vubsistance for H.M. officers and soldiers now in this
I stand under pay from Nov. 1st, 1713-May 1st, 1714, if ye Regi-
ment here in pay shall so long continue in this Island, and from May
1st, 1714 to Nov. 1st, 1714, for the paying of and discharging the
arrears of subsistance which through ye falling short of ye fond raised
for ye purposes aforesaid remain due and unpaid. To which I
at last consented, believing this overture might have given satis-
faction to ye most prejudiced member of that House ; however
it had no such effect, for neither by this nor any other means they
could be brought to a moderate temper, which occasioned their
dissolution. Mr. Brodrick being afterwards with a good deal of
opposition chose a Member for this present Assembly, but
finding ye rest of ye elections not answering his expectations,
he thereupon disqualify'd himself from sitting in ye House, and
as soon as ye Assembly mett came to me and resigned his patent
for Attorney Genii, and all other offices of honour and trust
he enjoyed in this Island, which upon his pressing instances I
272 COLONIAL PAPERS.
1713.
thought fit to accept. The Assembly afterwards ordered several
persons to be taken into ye custody of their Messenger for having
shown ye title of ye intended Act above mentioned, at ye elections,
amongst whom \vere Mr. Brodrick and ye late Clerk of ye Assem-
bly. Refers to Journal of Assembly. The mighty bussel ye House
makes there about a paper of ye propper hand writting of Col.
Brodrick, was nothing els then the title of ye Act above-mentioned,
which they have not thought fit to enter in their Minutes, tho'
they have said in these words vizt. Several of H.M. subjects
were keept a considerable time in custody of their Messenger about
this paper ; but were at last discharged paying pritty exorbitant
fines, under ye name of fees. I am perswaded your Lopps. will
be pritty much surprized at ye reading of their Minutts on ye
inclosed printed paper, which was most industriously handed
about at ye elections ; I shall not trouble you with any observa-
tions on the sd. paper, or the Minutts of ye House in relation to it,
but leave ye same to your Lopps.' better judgements. Upon ye
Assembly's insisting on a right to view the fortifications, I
consented they should be admitted to view ye same ; but in
ye manner your Lopps. may observe (Journal of Council). In
p. 30 your Lopps. will observe a very extraordinary message
from ye House to ye Council in relation to Major Cooke. The
answer given to it I hope will be intirely satisfactory to your
Lopps. Your Lopps. will find in page 32 and 33 ye hard treat-
ment Mr. Brodrick has mett with from this Assembly, they
having had no manner of proof e whereon to ground ye oppinion
they their gave of him. On the contrary Mr. Brodrick had been
attacked by one Mr. Pughe, in which accusation every thing
was sett forth that his enemys could alledge against him ; but
he was honourably acquitted of each article of ye sd. charge
before myself and ye Council, nim. con., besides my Lords after
what I had signify 'd to them of his having resigned all ye offices
of honour trust and profitt he enjoy'd in this Island, the instruc-
tion they gave immediatly afterwards (p. 35) to their Committie
is in my oppinion pritty extraordinary. As is likewise their
message to me (p. 36) in relation to their taking upon themselves
(without first making due application to me) to order some of their
members to view and number H.M. Regiment here ; but upon my
answer they sent a message (p. 38) which in express words contra-
dicts their former. In p. 40 your Lopps. will perceive an Address
agreed to by ye Council and Assembly to H.M., against an
exclusive trade to Affrica, which they press'd me to have join'd
with them in ; but I told them as in p. 38 that I was of oppinion
ye said Address would do them no manner of service, all that could
be said on that subject having been allready represented fully,
therefore I would not concurr with them in it, and hope in due
time to receive your Lopps.' approbation for soe doing, especially
ye Assembly not having addressed H.M. upon ye happy conclusion
of the Peace, which I hoped would have been ye first address they
wou'd have desired me to concurr with them in. It remains only
for me to give some accot. of ye Bills which ye Assembly have
past, and sent up to ye Council, etc. As to ye Bill for quietiTig
AMERICA AND WEST INDIES. 273
1713.
possessions, the Council have made some amendments to it,
which I hope will make ye same not lyable to any of the objections
of ye Attorney Genii, as formerly. The soliciting Bill is short ;
but in my humble oppinion contains a great deal, it altering
intirely the constitution of this Government, and lodgeing ye
power in a juncto of 3 of ye members of their own House. Your
Lopps. may be assured I have too much zeal for ye support of
H.M. authority ever to pass that Bill as it now is, or any other
fram'd after that plan. The Bill allready sent home for separate-
ing ye offices, has either obtain'd H.M. allowance, or it has not,
if it has, then this new Bill is unnecessary, and if it has not I
conceive it irregular to pass a new law till H.M. pleasure is authen-
tickly known on ye former ; but if that should proove to be a
disallowance, it is then undutifull, to importune H.M. without
new matter and reasons, which they have not shown in their new
Bill. The Bill for raising an additional subsistance to H.M.
officers and soldiers, is ye only one I have as yett past ; they have
retrincht ye officers. However I thought it expedient to consent
to ye same before ye adjournment. I hope your Lopps. will
excuse wherein I have been defective in this accot., having but
just as ye sessions opened got out of my bed from a severe fitt
of sickness, and have continued very much indisposed ever
since. Signed, A. Hamilton. Endorsed, Reed. 22nd Feb., Read
16th June, 1713. 8 pp. Enclosed,
527. i. An account of the greivances of Jamaica, touching the
multiplication of offices, in the person of Mr. Richard
Rigby. Quotes Act to prevent any one person from
holding two or more offices etc. and the proceedings of
Messrs. Aylmer Beckford and March in connection
therewith, v. supra. Endorsed as preceding. Printed.
.. 7 2 PP-
527. ii. List of Bills passed and sent up by the Assembly of
Jamaica, Dec. 1713. Same endorsement. 1 p. [C.O.
137, 10. Nos. 50, 50 i., ii. ; and (without enclosures)
138, 14. pp. 110-118.]
Dec. 26. 528. P. Vanderheyden Rezen to the Directors of the Dutch
Jan. 6. West India Company. Signed, P. Vanderheyden Rezen. 9
Fort closely written pp. Dutch. Enclosed,
Kykoverali, 52 8. i.- v j. Lists of requirements, accounts etc. Dutch. [C.O.
Rio Essequebe. n /> o i ivr i n i n ' n
116, 21. NOS. 10, 10 1.-V1.]
Dec. 29. 529. Jeronimy Clifford to Mr. Popple. Encloses following,
wa'" Bench anc i owing to want of money begs to be allowed to do his business
without a solicitor, etc. Signed, Jer. Clifford. Endorsed, Reed.
30th Dec. 1713, Read April 14th, 1714. 1 p. Enclosed,
529. i. Jeronimy Clifford to the Council of Trade and Planta-
tions. Dec. 29, 1713. Mr. Atkinson presented my peti-
tion to the Queen through Mrs. Marsham, I am directed
to apply to the Lds. Commrs. of Trade, etc. Encloses
following and prays for relief, etc. Signed, Jer. Clifford.
2J pp.
Wt. 5622, C.P. 18.
274 COLONIAL PAPERS.
1713.
529. ii. Petition of Jeronimy Clifford to the Queen, Jan. 5th,
1713. Prays for H.M. effectual orders for his relief in
his claim against the Society of Surinam, according to
Order in Council July 9, 1705 (q.v.). Signed, Jer. Clifford.
I p.
529. iii. The case of Jeronimy Clifford. Printed, March 26,
1711. 32 pp.
529. iv. Abridgement of preceding. Signed, Jer. Clifford.
30 pp.
529. v. Account of money due from the Society of Surinam to
Jeronimy Clifford. Dec. 29, 1713. Signed as preceding .
5 pp.
529. vi. An account of Mr. Clifford's proceedings in the case,
. to Feb. 16, 1697. Signed, Jer. Clifford. 31 1 pp.
[(7.0. 388, 76. Nos. 164, 164 i.-vi.]
Dec. 29. 530. Lt. Governor Spotswood to the Council of Trade and
Virginia. Plantations. It was with great satisfaction that I received some
days ago by the way of New York, the honour of your Lordps.
of the 27th Aug. 1712, April 23rd, July 15th and 20th, 1713,
which give me the pleasure to find my administration approved
by your Lordps. The General Assembly of this Colony which
was sitting when I writt last to your Lordps. broke up the 12th
instant, after having concluded their session in such manner as
I hop'd for from the promising beginning they made. Time will
not permitt me to send by this conveyance the Journals and Laws ;
I shall therefore confine this letter to the subject matter of two
Acts pass'd this session (copys inclos'd), which are not to take
place till a twelve moneths hence. The Act I now send, declaring
what shal be accounted a sufficient seating, planting and cultivation
of land, etc. is almost the same with that draught I sent your
Lordps. last year, and which your Lordps; were pleased to
approve as well suited to the circumstances of this countrey. I
shall here mention the several additions to this Bill, which I hope
will be judged equally reasonable. That part of the Act, which
allows two thirds of all lands heretofore surveyed to be accounted
barren, and one third only plantable will touch very few tracts ;
for as the conditions of seating and planting mentioned in former
laws upon which all patents issued before my coming into this
Government, were much more easy, this regulation will only
extend to the few tracts granted since my Proclamation, wherein
the proportion above mentioned may be look'd upon as generally
agreeable to the truth of the case ; and if new surveys had been
directed (without which the quantity of each kind of land could
not be known, nor inserted in the patent) it would only have
proved burthensome to the people, without any advantage to
H.M., or answering better the intent of the Instruction. The
indulgence granted by another clause of this law to the persons
who took up and surveyed lands before H.M. Instructions were
publickly notify'd, was absolutely necessary for quieting the
minds of those people, who thought their rights and the con-
stitutions of the Government invaded by refusing them patents
AMERICA AND WEST INDIES. 275
1713.
upon the terms of the laws in force at the time of making their
surveys ; and many perswaded themselves that if it came to be
disputed before a Court of Judicature, those lands must have been
determined to be their right : but now the allowing them two years
more after the date of their patents for making the cultivation
and improvement required by this law", has given them all entire
satisfaction, and I'm well assured will prevent all future uneasiness
in the country about the new terms of granting lands ; a benefite
wch. ought to outweigh the small favour granted them by this
Act. The draining of marshes, swamps, and sunken grounds, is
by this Act made one kind of improvement, and is like to occasion
a considerable benefite to the Crown as well as to the subject.
Hitherto those kinds of ground (of which there are here great
quantitys) have been neglected and made only a range for cattle
and hoggs of the neighbourhood, no man pretending to patent
it, or to be at the expence of paying quitt-rents for the same : but
now that the draining thereof is declared to save a proportionable
quantity of high lands, people will thereby have the opportunity
to discover that such grounds once drained will become both for
planting and pasturage the most valuable land in the Colony, but
which means it will come to pass, that all that sort of land will be
greedily sought after and taken up, and in a short time well culti-
vated and the quitt-rents duly paid, tho it now yields no profite
either to the Queen or the subject. By this law also persons
taking up land and being unable to comply with the cultivation
required by their patent, are not (as formerly) to lose their whole
tract, but only so much as they have not made an improvement
sufficient to save. This seems very just, that a man who has done
his endeavour to save his tract of land by considerable improve-
ments, should not for default of cultivating, perhaps only half
an acre, less than his complement forfeit his whole land with all
his improvements to any one that should be so malicious to informe
agt. him : so that I hope this part will meet with no objection,
especially if your Lodps. will be pleased to observe this proviso
contrived on purpose to follow immediatly after this clause,
explaining what seem'd doubtfull in the former laws, that all
lands whatsoever are now lyable to be forfeited for non-payment
of the quitt-rents. This is the substance of the several alterations
and additions in this law and the reasons upon which the same are
founded. It remains that I beg your Lordps. will be pleased to
lay the same before H.M., that I may receive the signification
of H.M. pleasure thereupon as soon as may be, because I find
people are willing to delay the taking out their patents till they
see the event of this law. I gave your Lordps. an account
in my last of some preparatory steps towards the Act (herewith
sent) for preventing frauds in tobacco payments. After the many
discouragements which that trade laboured under both here and
in Great Britain it was necessary to enquire from what root so
many evils did proceed : This has been judged, to be owing to the
ill management of tobacco here ; many people making it for no
other end than to pay off debts and levys, for which purpose
they think it good enough, how mean soever it be ; and others
276 COLONIAL PAPERS.
1713.
making such a sort as several of the outport traders in Great
Britain most eagerly seek after (especially of late) and seing
housesweepings and the worst of trash is a sort too, which they
come hither to purchase, and that they have been known to pour
salt water upon such tobacco so soon as they have gotten it on
board, it may be reasonably suspected that what they carry hence
rather diminishes than increases the duty at the Customhouse,
and serves for no other use than vile practices, whereby the staple
commodity of this country has been brought into disesteem and
the marketts thereof entirely ruined in Europe. This law
therefore by obliging all planters to have their tobacco view'd by
a sworn officer, in the manner your Lordps. may observe more
fully from the several parts of the Act, has made provision
against the exportation of all such trash as is said to be allowed
by the Customhouse officers in the outports as damaged tobacco,
and thereafter frequently re-exported with the benefite of the
drawback ; and thus it is hop'd the reputation of Virginia tobacco
may be retrieved, when none but such as is found to be worth
paying the duty at home, shal be sent to the forreign marketts.
It has likewise very justly provided against the passing bad
tobacco in any manner of payments within this Colony, so that
H.M. quitt-rents, officers sallarys, and all the publick credit will
hereafter be raised, by so much as is the difference between trash
and good tobacco : for as I have before remark'd, it is the general
notion of the country that the worst sort is good enough for these
purposes. Besides the convenient method that this Act establishes
for the making all payments by the Agents' notes, which are to
pass like Bank-bills, will give an oppertunity to collect the
quitt-rents at a cheaper rate than hitherto they have been. The
main design of the Port Act, which was recommended to my
predecessor Governor Nott to endeavour to gett pass'd, is I
presume compassed by this Act ; since that ships will by means
thereof be hereafter loaded in half the time they are now, and that
the Collectors and Naval Officers may certainly know to a hogs-
head the tobacco that is shipd home to Great Britain, and to a
pound that which is exported for the Plantations. What I have
had at heart, and what I have in a former session in vain attempted
vizt. to make the benefices of the Clergy more valuable, and the
collecting their incomes more just and easy to them, to the end
good and able Divines might reckon it worth their while to come
over to supply the churches here, and that they might not be
diverted from their studys, as several now are, by running up and
down their parishes to gather in their sallary tobacco ; this, I
say, is by this Act effectually obtained. Hereby I have in a great
measure (I think) cleared the way for a Governor towards carrying
any reasonable point in the House of Burgesses ; for he will have
in his disposal about fourty agencys, which one with another
are likely to yeild nigh 2501. per annum each ; these, my inten-
tions are to dispose of among the most considerable men of the
Colony, and principally to gratify with a place, all the members
of the Assembly who were for the Bill : by this means the staple of
tobacco will have a better security for its perpetual establishment
AMERICA AND WEST INDIES. 277
1713.
and constant encouragement than any other manufacture ; and
the propositions of several countys, which are frequently used to
be presented to the House of Burgesses for the setting up other
manufactures, will not be so favourably heard in that House,
when the majority of its members shall be engaged by their
interest to advance the making of tobacco chiefly, besides in
aiming at this law, I had in view (for I must own myself not only
to be principally concern'd in framing the Bill, but even from the
beginning the sole author of the scheme) to put a check to some
dishonest courses in tobacco payments, which by use were grown
so habitual and general, that it was to be feared at long run,
there would scarce be found men in Virginia who durst make a
law to prevent those fraudulent dealings ; and I was apprehensive
of ill consequences, if the vulgar's standard of right and wrong
prevaild any longer : for there are a sett of people whom all
the meaner sort of planters cry up for honest men, for lovers and
patriots of their country, and for friends to the poor, and this
general character often setts them up for candidates in the election
feild (where the votes and humors of the lowest mobb do at present
decide who shal be the Representatives in Assembly) and also
recommends them for tobacco Receivers to merchants and masters
of ships who come hither to purchase that commodity : but a few
years observation has made me perceive that the vulgar in these
parts reckon him only the honest man who inclines to favour their
interest ; he is the lover of this country who in all controversys
justifys the Virginian, and in all dealings is ready to help him to
overreach the forreigner ; hee's the patriot who will not yeild to
whatever the Governor proposes, and can remain deaf to all
arguments that are used for the raising of money ; and lastly
him they call a Poor man's friend, who always carrys stillyards
to weigh to the needy planter's advantage, and who never judges
his tobacco to be trash. Of this sett of people there was such a
number in the Lower house, that it was with some address and
great struggle the Bill was gott to pass there ; for tho their
understandings be not above the levell of their electors, and that
they could not advance one solid argument against it, yet they
readily discovered that this Bill was to cutt them out of their
popular interest and profitable way of living, and thereupon they
opposed it most violently with their Nays. Except this last sort
of man with their dependants there are scarce any within this
Government, but who rejoice at this new law ; and your Lordps.
may be assured that a very fair scene of benefits is opened to the
people here, when the whole Council and all the sensible members
of the Lower House unanimously laboured to carry this extra-
ordinary point. I cannot foresee that any objection can be made
at home to this law, unless that some may possibly say, that the
navigation will be lessen'd by not shipping all the tobacco wch. is
made, and that it seems to take off some hands from planting,
who may perhaps fall upon the British manufactures : to this
I answer that it plainly appears by the Naval Officer's books that
of late years, ever since trash has been so abundantly exported,
to the ruin of the marketts in Europe, the number of hogsheads
278 COLONIAL PAPERS.
1713.
shipt off has been less by some thousands ; for it is well known
here that the considerable crop-masters who are able to cloath
their familys by what substance they happen to have beforehand
in Great Britain, will not drudge on with all their hands at
tobacco, when it does not yeild a living price, but employ them in
other services, and wait till the markett rises again, besides too
the natural consequences of this act will be that hogsheads will
not exceed the lawful! standard, that they will be less pressed,
and that the tobacco will be less stem'cl, whereby the number of
tunns must encrease. And as to the rest of the objection, if it
should prove true, that any hands fall off from planting, tis
evident enough they must be those of the careless idle planters from
whom the British manufactures are in less danger than from the
carefull industrious planter, if he should be necessitated to take
some other course to cloath his family than by making tobacco.
1 have, My Lords, been the more particular in my observations
upon this Act because it is lookd upon to be the most extraordinary
one, that ever pass'd a Virginia Assembly, and such an one as those
persons to whom I first communicated my thoughts and to whom
the temper of these Assembly s are well known, believed I could
never have compassd. I hope your Lordps. will be so well satisfy'd
with the honest design of it, and the advantages which in all
probability will arise thereby, that it will meet with your Lordps.'
approbation, so that it may be put in execution, according to the
time it is to commence. I shal not now trouble your Lordps.
with the detail of the other proceedings of the Assembly, untill
I can send the Journals with the other laws and my observations
thereon, wch. I hope to do in a short time, together with the
progress of the Treaty with the Tuscoruro Indians, and the new
project for securing our frontiers which I'm in great hopes to
accomplish this summer ; the Assembly having left it entirely
to my management and at the same time impowered me to dispose
of a considerable fund both of money and tobacco as I shal
think necessary for that service. They have likewise placed a
further confidence in me, by allowing me without any controul
to finish the Governor's house, and by agreeing that without
limiting the sum the charge thereof shal be paid out of the dutys
on liquors and slaves. But, My Lords, to gain this trust I have
first given them several prooffs of my f aithf ull and thrifty manage-
ment of the publick funds, and they know that for carrying
on the work of the House in the cheapest manner, I am already
in disburse the last sum they appropriated which was 900.,
and that without interest : and the funds being so far anticipated
for other urgent occasions, that it will be a considerable time before
I can be repaid, or any more money received for finishing this
work. I hope your Lordps. will therefore judge it reasonable
that my house-rent be continued, etc. Signed, A. Spotswood.
Endorsed, Reed. 13th Feb., 17jf, Read 3rd May, 1716. 7f pp.
Enclosed,
530. i. Copy of Act of Virginia, 1713, declaring what shal be
accounted a sufficient seating, planting, cultivating and
improving of lands already granted or hereafter to be taken
up and patented. Same endorsement. 5 pp.
AMERICA AND WEST INDIES. 270
1713.
530. ii. Copy of Act of Virginia, 1713, for preventing frauds
in tobacco payments ; and for the better improving the
staple of tobacco. Same endorsement. 14 pp. [C.O.
5, 1317. Nos. 20, 20 i., ii. ; and (without enclosures) 5,
1364. pp. 270-292.]
Dec. 31. 531. Mr. Carkesse to Mr. Popple. Encloses following. The
Custome house, Commissioners of the Customs desire copies of accounts sent from
Virginia concerning that matter, etc. Signed, Cha. Carkesse.
Endorsed, Reed. Dec. 31st, Read Jan. 7th, 1713 (14). Addressed.
1 p. Enclosed,
531. i. Extract of letter from Edwd. Hill, Collector in the Upper
District of James River, Virginia, Oct. 15, 1713. Of late
the out-ports have directed their agents here purchasing
tobacco to receive none other than trash, discouler'd
and unmerchantable etc. 'Tis now no longer a mistery ;
such discoloured tobacco when it comes for England or
North Brittain is all allow'd for damage and so no
custome paid in. Refers to Memorial of Council of
Virginia, etc. Signed, Edwd. Hill. 1 p. [C.O. 5, 1316.
Nos. 101, 101 i. ; ami (without enclosure) 5, 1364. p. 15.]
[1713.] 532. The case of the Inhabitants of the Leeward Islands
against Governor Parke. The unhappy inhabitants of H.M.
Charribbee Islands (especially those of Antego) labour'd under
variety of oppressions during the whole course of Col. Park's
government, and in perticular, to the utter subversion of all law
and justice, he in person, and with an armed force of soldiers,
without any title or colour of process of law entered upon the
freehold of Elizabeth Hastings, and maintained the possession
afterwards by the said soldiers who declared they had orders to
fire the house if Mrs. Hastings opposed 'em, and in most other
cases he caused common warrants and civil processes to be
executed by soldiers instead of civil officers to ye great terrour of
the inhabitants who saw their country lie under arbitrary govern-
ment and military execution. That to terrify part of the inhabi-
tants and to make others subservient to his wicked designs he
engrossed to himself in Chancery the whole judicature of the
Island, and thereby the sole disposition of the propertys of the
Islanders, that he declared oftentimes in Court that there was no
need of a Cheif Justice of the Common Pleas, that there was never
a law or statute of said Island in force, that was worth a farthing,
that he would have regard to none of them, and that he was
resolved to determine everything according to his own opinion,
which was well known to be airways sway'd by corruption or
resentment, and that by these methods having drawn all causes
into Chancery before himself he decreed against all suiters who
durst complain of his tyranny, took evidence without an oath,
and granted generall and perpetuall injunctions without bill
filed to the assistants and accomplices of his iniquities, and after-
wards purchased the debts from those whom he had soe injoin'd.
That to revenge himself of Mr. Chester (who upon a strong
280 COLONIAL PAPERS.
1713.
suspicion of a lewd conversation with his wife) forbid him his
house, he appear'd in person upon a sabbath day at a Coroner's
inquest setting upon the body of one Sawyer, that he labour'd
the jury, and even put words into the mouth of the evidences
against Mr. Chester, and brow [? heat] the wittnesses on the behalf
of Chester, and that when the jury found that Sawyer died a
naturall death, and some Justices of the Peace had bailed Chester,
Parks showed his resentment for his being bail'd, as before he had
expressed his satisfaction to have had him in his power. That
he came to Mr. Chester's house with a party of soldiers where
some Gentlemen were making merry and drinking the Queen's
health, that he kickt one of the Gentlemen, imprisoned nine of
them in a dungeon, two of them for only offering to the bail for
the others, that he sent for some justices of the peace, (whom
he had made for such purposes), and convicted all the Gentlemen
of a riot upon the view, tho' some of them were sent to jail before
the justices came and fined one of them 600Z., which was much
more then the person was worth, and the whole summe of the
fines amounted to 2,900. That Mr. Chester found Col. Parks
lurking in a little conveniency of his wife's bed-chamber, upon
which he drew his sword upon Mr. Chester, who was going naked
into bed, drove him down stairs and pursued him out into the
streets to murder him, and that when he turn'd his wife out of
doors, the Governor came up to him and swore that if he would
not take her again, he'd ruin him, challeng'd him to fight, and
then whistled upon which two grenadiers came up, that then he
bragg'd how well prepar'd he allways went, soe scandalously
were H.M. troops imploy'd, and her authority abused. That
afterwards he came himself with a party of soldiers, and upon
pretence seiz'd some cocoa, and other goods of Mr. Chester's to
the value of 800?., and that when by an order of the Admiralty
Court he should have had his goods again, Col. Parks kept them
for a seperate maintenance of Mrs. Chester, tho' she never applied
to any Court of Justice for it, and upon severall other pretences
seiz'd effects of Mr. Chester's to the value of 4,OOOZ. That
when upon unjust seizures the parties brought replevins, he took
the writts from the officers, to leave the persons without any
remedy at law. That he said, if any man should dare complain of
him he would clap him in a dungeon, and that there were more
ways than one to kill a dog, that had he been served as Sir Bevil
Granvil was in Barbados, he would have drove the people into
rebellion, and seiz'd their estates, and that if the people of Antego
gott him turn'd out of his government, he would have their
Island in a flame. That to have every man's person and estate
intirely in his power, he swore he would have no Marshall that
would not return such juries as he directed him, and that he
appointed Michael Ayon to be provost marshall, who declar'd
that he would shoot any man in the Island through the head upon
Col. Park's verbal order, tho' John Perry then did, and still does
hold the said office by H.M. letters patents. His unparalleld
lewdness was carried on by his authority, and was equally fatal
to the relacons of the parties both w[h] his lust found success, and
AMERICA AND WEST INDIES. 281
1713.
w[7i]ere it was disappointed. Where their chastity resisted, he
attempted to ravish them, found means to deprive their husbands
of their imployments harrassed them by warrants, imprisonments,
and excessive bail, till they were forced to betake themselves to
the mountains, and this was the case of Mr. Desowsey, who thro
despair turn'd to privatering, and died a beggar leaving a wife
and three children, whose wife was tempted with great promises
by the said Generall to make no complaints. That the inhabitants
observed with great grief that the Governor for three years past
refused to convene the Assembly, and that he declar'd that
whenever they should meet he would thro such rubs in their way
that they should doe no business, which he did effectually at
their meeting, and prevented their entering upon business by
severall artifices, that the Island of Antego was in no posture of
defence, that in the mean time they discovered that he corres-
ponded with the enemy at Martineco, and that under pretence
of sending flaggs of truce under the command of known Irish
papists, he supplied the enemy with provisions for want of which
our Islands were allmost famished, that by a willfull neglect of
the fortifications, that by disarming the platforms which only
could oppose the landing of the enemy, who were then making
such great preparacons, that by ordering the troops to the town of
St. Johns which was not defenceable, nor capable of being fortify'd,
instead of disputing the enemy's landing, against common sense
and the generall opinion of the council of officers ; by an affected
ignorance in military matters, which sufficiently demonstrated
his treacherous designs, they could not but beleive what he had
often said, that if it were not for his own and some few friends'
sake he would send the Islands to the Devil, and having declared
he would fortify his own house only, they justly concluded that
he designed to make terms for himself only, and surrender the
inhabitants to slavery. That he gave the command of the flaggs
of truce to one Bermingham, a traitor whom he knew to be such,
and had inform'd the Assembly of his offering himself to assist ye
french in landing upon the Island of Antego and who since has
actually conducted the enemy to Barbuda, murdered the principal
gentleman, and plundered the Island to the value of 10,000?.
That he has since assisted in a design upon Antigua which was
prevented by the Newcastle man of warr and upon that mis-
carriage he carried them to Mounserat. That he was heard to
encourage the officers and soldiers and others his partisans who
were allready too outragious, to use violence to the planters,
by promiseing them pardon if they committed murder, and assur-
ing them of revenge if they suffered in the cause. That the
miserable inhabitants being terrify'd on all sides by the implacable
rage of the Governor, by the insolence of his partisans and the
soldiery, by ye defenceless state of the colony, the great prepar-
acons of the enemy, and nothing but ruin and destruction in
view ; they most dutifully applied to Col. Parks to call an
Assembly and submitted to what terms and condicons he pleas'd
to impose. That tho he complied so farr as to call an Assembly,
yett thro his artfull adjournments and prorogacons nothing could
2 COLONIAL PAPERS.
1713.
be concluded upon for the publick safety. The Assembly then
resolved once more to wait upon the governor personally (for
all addresses and messages in writing were unanswered torn and
spurn'd upon by him before the Messengers and Council) to
beseech him with their tears to take some care of the Island, to
preserve H.M. dominions that he was intrusted with, and to
secure their lives and estates, or else to visit some other Islands,
and permitt them to defend themselves. And thereupon the
Speaker attended him with ye whole Assembly, to give the more
weight to the message, but to their great surprize, as they entered
the passage to the Council chamber they perceived a party of
granadiers with their arms cock't and presented, who told them
they only wanted the word to fire upon them, that his Excellency
Hew into a rage, call'd their humble application for the preserva-
tion of the colony a riot, laid hand upon his sword, and threatned
their Speaker with irons, and soe prorogued 'em to a short day.
That the day before the Assembly was to meet again, the generall
betook himself to arms, drew the artillery, arms and ammunition
out of H.M. magazine, and planted them agst. the town, intrench'd
and garrison'd his house with the troops of the Island, and made
it serve as a cittadell to overawe the town. These military
preparacons soe alarm 'd the whole Island that the inhabitants
flockt together in arms to protect their representatives, but
design'd not the least injury to the person of the governor, of
which they assur'd him by a message carried by ye Speaker of
the Assembly and Coll. Gamble and only insisted that for the
safety of their lives he should dismiss his troops, and for the
security of the Island he should retire out of it. To this they
received in answer that he scorn'd to hearken to proposals, or to
come to any accommodations, that he had sufficient force to
drive all the men in the Island before him, that he resolved to
fire that part of the town next him, that he had loaded his canon
with cross barr and small shott, and soe disposed 'em as to
clear the streets, and that he resolved neither to give nor take
quarters. It was then too that to compleat ye measure of
their misery they understood for certain that he had promised
the plunder of the town to the soldiers, and the estates of the
gentlemen they should kill, who thereupon behaved themselves
as if they had been in an enemy's countrey. And to execute all
these horrid designs, upon the first appearance of the multitude
he caused the canon and small shott to be fired upon them which
wounded and killd severall persons. By these desperate pro-
ceedings and with these aggravating circumstances ye unhappy
people were at last deprived of their reason and being wrought
up by despair and revenge did an act for which they must for
ever begg God's pardon and H.M. mercy. 3 large pp. [C.O.
152, 42. Nos. 105 ; and (duplicate) 106.]
[? 1713.] 533. Petition of Merchants trading to New England and
thence to the West Indies to the Queen. There being no man of
war in New England to guard their coast they are extreemly
exposed to the insults of their enemies and merchants ships
AMERICA AND WEST INDIES. 283
1713.
trading to and from those parts are dayly taken by the French
for want of men of war to convoy and secure them. Your
Majties. American Islands are in a great measure subsisted
by the provisions they receive from New England and they will
be exposed to great hardships if the intercourse and trade between
those places is obstructed for want of convoys. The Councill
and Assembly of your Majesty's colony of the Massachusetts
Bay in their Memorial lately delivered with their humble Addresse
to your Majesty have desired two frigats for guarding their coast
and secureing then' trade. Petitioners humbly represent that
less then one fourth and one fifth rate will not be sufficient for
those ends, etc. 45 Signatures. 1 large p. [C.O. 5, 752. No. 6.]
[1713-1715.] 534. Treasurer's accounts of duties on wine, rum and European
goods. New York, July 1st, 1713-1715. [C.O. 5, 1222. pp.
1-18.]
1713-1743. 535. List of Debentures of grant in aid issued to sufferers
at Nevis and St. Christophers. [C.O. 243, 8. pp. 1-668.]
1713-1721. 536. Copies of powers of attorney, letters of administration
etc. given by sufferers at Nevis for receiving the grant in aid.
[C.O. 243, 5. pp. 1-502.J
1713. 537. Commission and Instructions from the Lords Proprietors
for Charles Eden to be Governor of North Carolina, (v. 4th
May, 1713). [C.O. 5, 291. pp. 1-28.]
[1713.] 538. Duplicates of C.S.P. 1705. Nos. 1230 i., iii. ; and
1462 ii., v. [C.O. 5, 1085. Nos. 6-9.] These duplicates are
copies supplied to Ministers when the question of New York
Revenue Act was being prepared to be placed before Parliament
(1713).
(284)
1714.
Jan. 1.
Windsor
Castle.
Jan. 2.
Jan. 7.
Whitehall.
Jan. 8.
Whitehall.
1714.
539. Lord Bolingbroke to the Council of Trade and Planta-
tions. H.M. having been pleased to appoint John Hart, Esq.,
to be Governor of Maryland, you are to prepare his Commission
and Instructions as usual, etc. Signed, Bolingbroke. Endorsed,
Reed. 2nd, Read 3rd Jan. 17 }f. l*p. [07.0. 5, 717. No. 54;
and 5, 727. p. 340.]
540. Lt. Governor Pulleine to the Council of Trade and
Plantations. (Abstract of letter not preserved in inward Letter
Book C.O. 37, 9, nor entered, in Entry Book, 38, 7.). He arrived at
Bermuda, Nov. 12th, and had his Commission read etc. the 14th.
He's sorry he can't send a more gratefull accot. of the Island,
which, however, he has taken care to have correct. Not a penny
in the Treasury, but between 800 or 1,0001. debt due to particular
persons. No acct. yet how things came to this pass. The Island
in no condition to raise such a sum and defray the usual charge
of the Government. 'Tis unlucky the Island should be now so
exhausted, because of the great damages lately done by 2
hurricanes which he particularizes. The Assembly to sit in Jan.
He'll lay before them and give accot. what they do on the state of
the Island. But one Chancery cause tryed for several years.
All the troublesome business left to him by his predecessor, but
the profitable taken care of. He'll dispatch what causes are
depending. Persons avoid being of the Council the reason .
Inconvenience thereof. Very little current cash there. As to
other riches, such as houses, slaves, etc., they are in a passable
condition with neighbouring colonies. Scarcity of coin will make
the clearing incumbrances difficult and the fortifications and
publick edifices consequently ruinous. He'll be dilligent in his
duty. The Assembly's strange proceedings abt. their own
members. Mr. Dickinson excluded the last, only for being
ungrateful to the then Governor, etc., and upon a re-election
refused to admit him, burnt his picture, etc., without any crime
laid to his charge. Out of abt. 2001. appropriated for a Governor's
house, they voted 1501. to Sir John Bennet for secret service, which
appeared to be Jones's prosecution. This was a breach of their
trust upon which he begs speedy directions. His instructions
about presents entred in the Council'Books. [C.O. 37, 24. pp. 1,
2.]
541. Mr. Popple to Mr. Carkesse. Reply to Dec. 31st.
Encloses copy of representation from the Council of Virginia,
relating to the decay of the tobacco trade, (v. Sept. 14, 1713).
1 p. [C.O. 5, 1335. No. 186 ; and 5, 1364. p. 16.]
542. Council of Trade and Plantations to the Lord High
Treasurer. Enclose Lt. Governor Spotswood's request for leave
to exchange a piece of land etc. (v. June 30, 1713). This exchange
AMERICA AND WEST INDIES.
285
1714.
Jan. 8.
Whitehall.
Jan. 9.
Bermuda.
will be an advantage to the Governor, and no disservice to H.M.,
provided care be taken that the equivalent to be given to Col.
Ludwell do not exceed the value of the lands he shall make over
to the Governor, and we conceive it mav not be improper the same
be referred to Col. Nicholson. 2| pp." [C.O. 5, 1335. No. 187 ;
and 5, 1364. pp. 19-21.]
543. Council of Trade and Plantations to the Lord High
Treasurer. We find the allegations in Col. Philip Ludwell's
petition (v. Dec. 4, 1713) to be true. And we have no objection
why H.M. may not direct Col. Spotswood to allow the payment of
250 accordingly. 2 pp. [C.O. 5, 1335. No. 188 ; and 5, 1364.
p. 22.]
544. Lt. Governor Pulleine to the Council of Trade and
Plantations. I am extreamly sorry for ye occasion of troubling
you again, by this conveyance, but ye cas is so urgent in it's
nature, and pernicious in it's consequence, that I can't in duty
avoid it, etc. The Spanfards, from several of ye ports, here in ye
North Seas, arm out sloops with commissions to seize all English
vessels in which they find, any Spanish money (even to ye value of
but ten peices of eight), any salt, cacao, or hides, for wch. reasons
any vessels that trade in these parts, from port to port, are
certainly prizes, if they can overpower them, having one or other
of these commoditys always aboard 'em. This Island has already
had three vessels thus taken, since ye Peace, and they even
apprehend their total ruin, if your Ldships. don't interfere, by our
Embassadour, at ye Court of Spain, to gain them reparation, and
that, very suddenly : For, we know not what remedy to apply
against people, that make daily captures of us, in ye midst of a
Peace newly concluded ; for which reason, we might hope, it
wou'd have been better observ'd. I most humbly entreat your
Lordships to let me hear something encourage ing from you on this
head, to keep this poor Island from desponding ; for they are in
ye uttmost consternation. Refers to enclosure, the rest haveing
not given in their complaints : but I expect it from them daily.
I hear likewise, of several other vessels taken belonging to other
collonys ; but that being no business of mine, shall say nothing
further to it, etc. P.S. Since my concludeing this letter, one
Mr. Jones has brought the enclosed complaint, etc. I am afraid
if some speedy care be not taken ; your Lships. will have frequent
occasions of being teaz'd with things of this kind, to ye great
sorrow of H.M. subjects here. Signed, Henry Pulleine. Endorsed,
Reed. 22nd, Read 23rd Feb. 17]f . 2 pp. " Enclosed,
544. i. Deposition of Samuel Sherlock, master of the Samuels
sloop of Bermuda, owned by Samuel Smith and Samuel
Sherlock, and Bermuda built. May last deponent
sailed from the Port of Pensilvania for Crooked Island
in the West Indies. About three leagues distance from
the same, he was seized as prize by a Spanish privateer,
Lewis Martell. commander, who said he had a commission
from the Governour of Snt. Tiago (being on the Island
286 COLONIAL PAPERS.
1714.
of Cubia) to take all vessells that had braseletta, logwood
and salt. The Samuells had a cargo of 700 bushels
of salt, etc. Signed, Saml. Sherlock. Bermuda, Jan.
4, 17|-f . Same endorsement. Sealed. 1 p.
544. ii. (a) Deposition of Francis Jones, of Bermuda, merchant.
Jan. llth, 1713(-14). The sloop Swan belonging to
deponent and Thomas Jones sailed in Sept. for St.
Thomas, Curacao and Bonaire, and was taken off
Bonaire, Oct. 18th, last, with cocoa on board.
544. ii. (b) Deposition of John Williams, mariner, of Bermuda.
Jan. 9, 173f-f . The sloop Sivan whilst riding at anchor in
the Rode of Bonaire (an island belonging to the States
General of the United Provinces) where she intended
to take in salt, was seized by a sloop under Spanish
colours, the masters and mariners whereof pretended
that they had a commission from the Govermt. of
Porto Rico, but that they had lost the same. The Swan
was carried to Porto Rico and condemned as prize.
The master and mariners pretended to justify their
seizure for this cause only, that she had on board 7 bags
of cocoa nuts (taken on board at Curacao), etc. Signed,
John Williams. The whole endorsed, as preceding. 4 pp.
[C.O. 37, 9. Nos. 27, 27 i., ii. ; and (without enclosure*)
38, 7. pp. 185188.]
Jan. 10. 545. The Queen to Governor Lowther. Recalling him from
Windsor the Government of Barbadoes. Countersigned, Bolingbroke.
Castle. This letfer was canceiiej v p eD 7tn ^.0. 324, 33. pp. 20,
21.]
Jan. 11. 546. Jeronimy Clifford to Mr. Popple. Enquires result of
Queen's Bench, his letter of Dec. 29, etc. Signed, Jer. Clifford. Endorsed,
Reed. 12th Jan., Read 14th April, 1714. Addressed. \p. [C.O.
388, 76. No. 165.]
Jan. 12. 547. Council of Trade and Plantations to Lord Bolingbroke.
Whitehall. Enclose following. We are preparing the necessary Instructions,
etc. Annexed,
547. i. Draught of Commission for John Hart to be Governor
of Maryland. In the usual form. [C.O. 5, 727. pp.
340-361.]
Jan. 14. 548. Mr. Popple to Lt. Governor Spotswood. Acknowledges
Whitehall, letters of June 30, Aug. 17, Sept. 14, and Nov 16, 1713. The
multiplicity of business now before their Lordships prevents
their answering by this conveyance, however they intend to
do it as soon as possible. In the mean while I have only time to
acquaint you that their Lordships have made reports, upon your
desire of exchanging lands, etc. (v. Jan. 8). Your letter with a
representation from the Council of Virginia, relating to the
tobacco trade, (v. Sept. 14, 1713), will be considered, and I
AMERICA AND WEST INDIES.
287
1714.
Jan. 14.
Whitehall.
Jan. 14.
Whitehall.
Jan. 15.
Annapolis
Royall.
Jan. 15.
Whitehall.
Jan. 15.
Whitehall.
doubt not but such remedies will be proposed as ye nature of
the thing does require. 2 pp. [C.O. 5, 1335. No. 189 ; and
5, 1364. p. 23.]
549. W. Popple to Governor Hunter. Acknowledges letters
of July 18 and Sept. 10. Continues : The great hurry of business
their Lordships have had since the Peace (and which is not yet
over) renders it impossible for them to answer your said letters
by this conveyance ; they intend to do it therefore by the first
opportunity. I will not fail to lay before them the several
particulars you write me, and I doubt not but they will represent
the same as you desire to her Majesty. I hope, the Bill to settle
the Revenue at New York, will pass this session, whereby you will
be made more easy, and that people more sensible of their duty
to H.M. It was ordered to be done the last year, but there was
not then time for it. [C.O. 5, 1123. pp. 134| 135.]
550
of Aug
[C.O. 5, 013.
. Mr. Popple to Governor Dudley. Acknowledges letters
y. 24th, 25th, *1 7 13. Repeats first sentence of preceding.
p. 402.]
551 . Capt. Aldridge to Col. Nicholson. We arrived here 19th
Dec., etc. Lt. Govr. Caulfeild continues to act according to your
Excy's. instructions which will be much for ye King's interest
and ours etc. Our companys have all taken ye oaths to King
George without the least hesitation, the French inhabitants have
every man refused it. Your Excy's. notions of them is very
just for they are a pack of notorious villains in genii, and not to be
trusted if they had taken five thousand oaths. Our men are all
in perfect health, which is a very great blessing we having not
so much as a plaister for a cntt finger in ye garrison which I
hope your Excy. will remember, etc. Signed, Chris. Aldridge.
Endorsed, Reed. Oth June, Read Oth Sept. 1715. Copy, f p.
[C.O. 217, 2. A T o. 7.]
552. Mr. Secretary Bromley to the Council of Trade and
Plantations. Encloses following for their report. Signed, W.
Bromley. Endorsed, Reed. 1 8th, Read 21st Jan. 17{-f. 1 p.
Enclosed,
552. i. Envoy of Holland to the Queen. London, Jan. |4, 17 jf.
Repeats petition concerning the estate of Williamina
Kupius (v. Oct. 1st). Signed, M. Van Borssele, Van
der Hooghe. French. 2f pp.
552. ii. English version of preceding. [C.O. 137, 10. Nos.
36, 36 i., ii. ; and 138, 14. pp. 63-65.]
553. Council of Trade and Plantations to the Queen. Repre-
sentation upon Laws of Pennsylvania 1708 1712. We concur
with the (annexed) objections of Mr. Solicitor General (v. Dec. 22,
1713), and humbly offer that your Majesty be pleased to signify
your disallowance of the laws therein mentioned, etc. As to the
other laws, the titles whereof are likewise hereunto annexed, we
COLONIAL PAPERS.
1714.
have no objections against them ; so that in case your Majesty
do not see cause within six months from their being now delivered
to your Majesty's Privy Council 'to repeal any of them, they will
remain in full force, pursuant to the Charter of Propriety granted
to Wm. Penn. Upon this occasion we humbly take leave to
represent that by the said charter, Mr. Penn is impowered
with the advice of the Freemen of Pensylvania or their delegates
in General Assembly, to enact laws for the good of the said
Province, provided such laws be not repugnant but, so far as
conveniently may be, agreeable to the laws of this Kingdom
and that a transcript of such laws be within five years after the
making thereof delivered to your Majesty's Privy Council, and
if any of the said laws within the space of six months after they
shall be so delivered as aforesaid be declared by your Majesty
to be void, the said laws shall henceforth become null and void
accordingly, otherwise to remain in full force. This we think
to be unreasonable, that Mr. Penn should have five years time to
lay his laws before your Majesty and your Majesty but six months
to consider thereof ; for it may so happen as in the case of the
collection of laws passed in Pensylvania in 1705, that so great a
number of laws may at one time be transmitted, as that it will
be difficult, if not impossible, considering the other business that
may intervene, to examine the same as they ought to be. We
take leave to represent another ill consequence of that clause in
the said charter, which is, that temporary laws, prejudicial to the
trade of your Majesty's other subjects, may be enacted there
which will expire before Mr. Penn is obliged to lay the same before
your Majesty, as particularly in the present case the Act for
laying a duty on negroes, wine, rum and other spirits, cyder and
vessels, pass'd in Feb. 1710, lays a duty of 9rf. per ton on all
ships coming thither, except such as are owned by the inhabitants
of that Province etc., which we think very unreasonable and a
burthen on the trade and navigation of this Kingdom. This
Act will expire the 10th of March next, and was not delivered to
us till the 22nd of July last, so that before the signification of
your Majesty's disallowance thereof, they may re-enact the same
again, and by keeping it till near the time of expiration they may
in effect evade your Majesty's right of repealing such laws as may
be prejudicial to your Majesty's intrest or the trade of your
Majesty's subjects. [C.O. 5, 1292. pp. 408-411.]
Jan. 15. 554. Council of Trade and Plantations to Lord Bolingbroke.
Whitehall. Enclose following. Annexed,
554. i. Same to the Queen. After stating the case relating to
Spaniards seizing H.M. subjects in gathering salt at
Tertudos, (v. Sept. 24 and Dec. 3, 1713), continue:
Your Majesty's subjects have from the first settlement of
the continent of America, had a free access to this
Island, and have without interruption, unless in time of
war, used to take what salt they pleased there, and we
have proofs of that usage, for above 50 years, as appears
by certificates of persons who have been imployed in
AMERICA AND WEST INDIES. 289
1714.
that trade. It does not appear to us, upon the strictest
enquiry, that the Spaniards ever inhabited or settled on
the said Island, nor is it probable they ever did, it being
all either barren rock or dry sand, and having no fresh
water or provisions on it. We take leave to lay before
your Majesty, the consequence of your Majesty's subjects
being prohibited to fetch salt at Tertudos, wch. will
in part appear from the number of ships using that
trade, being as we are informed, one year with another
about 100 sail. The salt carryed from thence to New
England, is used cheifly for curing fish, which is either
caclelscale fish or mackrel, the former of which is the
principal branch of the returns made from the continent
of Great Brittain by way of Spain, Portugal and the
Streights, for the woollen and other goods sent from
this Kingdom thither ; besides which the scale fish and
mackrell are of such consequence, that the sugar
islands cannot subsist without it ; their negroes being
cheifly supported by this fish. So that if they were not
supply'd therewith from New England (which they
cannot be, if your Majesty's subjects are prohibitted
getting salt at Tertudos) they would not be able to
carry on their sugar works. This has been confirmed
to us by several considerable planters concerned in those
parts. Upon the whole your Majesty's subjects having
enjoyed uninterrupted usage of gathering salt at
Tertudos ever since the first settlement of the continent
as before sd., we humbly submit to your Majesty the
consequence of preserving that usage and right, upon
which the trade of your Majesty's Plantations so much
depends. [C.O. 5, 913. pp. 463-467.]
Jan. 15. 555. Petition of Sir Thomas Laurence to the Council of Trade
and Plantations. Prays that an Instruction may be given to
Governor Hart to cause restitution to be made of all the per-
quisites formerly belonging to and taken away from the office
of the Secretarv of Maryland, etc. Signed, Thomas Laurence.
Endorsed, Reed"! 14th, Read 21st Jan. ll\$. 1| pp. [C.O. 5,
717. No. 55.]
Jan. 17. 556. Order of Queen in Council. Approving draught of
Windsor. Commission (v. Jan. 12) for Governor Hart. Signed, Edward
Southwell. Endorsed, Reed. 15th March, 17jf , Read 4th March,
17}*. 1 p. [C.O. 5, 717/ No. 63 ; and 5, 189. p. 102a,]
Jan. 19. 557. Council of Trade and Plantations to Lord Bolingbroke.
Whitehall. Enclose Mr. Cumings' letter concerning Newfoundland, Dec. 11,
1713, for H.M. pleasure thereupon. [C.O. 195, 5. p. 324.]
Jan. 20. 558. Council of Trade and Plantations to the Lord High
Whitehall. Treasurer. Request payment of enclosed account of office
expenses and two quarters salaries due Christmas, 1713. [C.O.
389, 37. pp. 65-67.]
Wt. 5622. C.P. 19.
290
COLONIAL PAPERS.
1714.
[Jan. 21.]
Jan. 21.
Whitehall.
559. William Heysham to the Council of Trade and Plant-
ations. Prays that the Act of Barbados, 1713, relating to the
Three Houses spring in the parish of St. Phillips (a rivulet that
had been turned out of its proper course for private advantage
to the damage of the inhabitants) may be submitted for H.M.
approbation, etc. Signed, Wm. Heysham. Endorsed, Reed.
Read Jan. 21, 1714. 1 p. [C.O. 28, 14. No. 10; and 20, 13.
pp. 84, 85.]
560. Mr. Popple to Col. Cleland. Appointing Tuesday for
the hearing of his objections to the Act of Barbadoes relating to
the Three Houses spring. [C.O. 29, ] 3. pp. 85, 86.]
Jan. 21.
Whitehall.
Jan. 21.
Whitehall.
561. Mr. Popple to John Thurston. Thursday is appointed
for the consideration of Mr. Swymmer's petition, etc. [C.O. 138,
14. p. 66.]
562. Lord Bolingbroke to the Lord High Treasurer. Encloses
following, received from the Board of Trade. Signed, Bolingbroke .
Annexed,
562. i. Duplicate of No. 521. [C.O. 324, 33. pp. 21-28.]
Jan. 24.
Jan. 25.
Treary.
Chambers.
563. H.M. Commission to John Hart to be Governor of
Maryland. Countersigned, Bolingbroke. [C.O. 5, 189. pp. 103-
119.]
564. Mr. Lowndes to the Council of Trade and Plantations.
The Lord High Treasurer desires to know if you have any objection
to the granting of the following request, etc. Signed, Wm.
Lowndes. Endorsed, Reed. 28th, Read 29th Jan., 17 jf.
Addressed. \ p. Enclosed,
564. i. Petition of William Byrd to the Lord High Treasurer.
Desires leave of absence from his post as H.M. Receiver
General in Virginia, to transact private affairs in Eng-
land, leaving a deputy in the meantime. Endorsed,
15th Jan. 17 Jf.
and 5, 1364. 7
p. [C.O. 5, 1316.
.~25, 26.]
Nos. 103, 103 i.
Jan. 25.
Lisbon.
565. Lt. Governor Moody to Lord Bolingbroke (v. Feb. 16,
1714). Acknowledges letter of Dec. 1st. Continues : I will do
everything I am commanded for taking possession of that important
fortress (Placentia), and the Dominions belonging to it, which will
put it in the power of British subjects only to furnish all Europe
with dry fish, a scheme for wch. purpose, I shall beg leave in due
time to trouble your Lordship with. I humbly offer my opinion
to your Lordship, what instructions may at present be proper for
me to have for the further security and improvement of Placentia
and its dependances, which for its intrinsick value, and utility for
trade, and the protection and assistance which it is able to give
to our foreign commerce in distress exceeds all the ports in
America. (1) That I may be impowered to send a party of officers
AMERICA AND WEST INDIES. 291
1714.
and soldiers to any part of Newfoundland for the defence and
security thereof as occasion requires. (2) That I may have the
usuall Instructions which are given to Governors of other ports
relating to pirates, and other enemys. (3) To be impowered to
hold a Court Martial and condemn according to the Articles of
Warr. (4) To be authorized to command the inhabitants to
joine with the soldiers upon any invasion of pirates, or other
enemies, for the publick safety, and to employ them at convenient
times, when the fishing season is over in felling of timber and
pallisades for building of a large fort upon the most convenient
part behind the Grand Beach for the security of their families
and effects, into which, they may at any time repair in time of
danger, for they live now in a scattered manner, too much exposed
to the Indian parties from Canada etc. and pirates. With these
authorities, I shall be the better enabled to defend the inhabitants
and emprove the trade of Placentia, which nothing will incourage
so much as their being secured from invasion and insults, etc.
I sent from hence Dec. 25, inclosed to your Lop., two memorials
to the most Honble. the Ld. High Treasurer, relating to a supply
of beer and subsistance for the garrison against our arrival at
Placentia, without which their sufferings will bee too great
to be surmounted, for the last year's subsistance will be expended
the 25th of April next, and the garrison cannot live in Newfound-
land without some other drinkable besides water, altho', I have
hitherto kept them in temper wth. that only, and the expectation
of their recieving H.M. usuall allowance for beer, in mony for
the time past, as is the custom upon such occasions, etc. Signed,
J. Moody. Endorsed, Reed. 16th, Read 17th Feb., 17}f . 3 pp.
[C.O. 194, 5. No. 33.]
[Jan. 26.] 566. Petition of merchants in London, creditors of Thomas
Finch of Jamaica, to the Council of Trade and Plantations, against
the confirmation of the Act to vest Finch's estate in trustees etc.
The aim of it is to prefer one creditor in Jamaica over petitioners
here, and therefore unprecedented and totally destructive of
trade. Signed, Leonard Compere. Endorsed, Reed. Read 26th
Jan., 17if. Ip. [C.O. 137, 10. No. 37.]
[Jan. 29.] 567. Address of the Assembly of Maryland to the Queen.
Refer to Address of Dec. 1708 relating to Sir Thomas Laurence's
complaint, of which no notice is taken in the representation of
the Council of Trade and Plantations, March 30, 1710, nor can
we understand by it nor by your Royal Letter to the President
of the Council here, that it has ever reached your sacred ear.
Repeat gist of it, relating to the office of Secretary and the vesting
of ordinary licences therein, quoting laws of 1662, 1678, 1602
and 1694. We have not found any other than temporary laws that
ever gave those fines to the Secretary, except that of 1695, which
was intended to be temporary etc., but the clause that should
have made it so was omitted. The fine imposed on ordinary
keepers in 1692 was temporary and for the better regulation of
ordinaries and for limiting their number. We presume no officer
292 COLONIAL PAPERS.
1714.
can pretend a right to a perpetual certain estate in a thing which,
in itself, is so uncertain. By the Act of 1704 it plainly appears
to be the sense of the Province, that the business of ordinary
keepers was so far decayed, that they could not bear so largo
fines, which were therefore reduced from 2000 to 1200/6. of
tobacco, but now so unhappy are our circumstances, by the
misfortunes we have suffered in our tobacco trade, (which is the
life of all business amongst us) that we find it would be more
necessary to make an Act to encourage people to keep ordinaries,
as the first Act was, than to impose a fine upon those that do ; for
even now at some of our County Court houses, there is not one
house of publick entertainment to be found, where multitudes of
people are obliged frequently to resort for publick justice, and
where formerly, there have been several such houses at once,
so that now those that arc obliged to attend there, must cither
suffer hardships themselves for want of entertainment, or be
burthensome to the neighbouring inhabitants, who being scarcely
able to bear their own burthens, are frequently ruined by giving
too large entertainments. In the Act past in 1695 it was enacted,
that every ordinary keeper, that kept ordinary at any County
Court house or at the Port of Annapolis, should provide and
maintain twelve good substantiall beds, besides what was for
their own families' use, and if at any part of the country, six good
spare beds, as before, under penalty of 5000Z/>. of tobacco etc.,
but now ordinary keeping, by the change of times, is become so
unprofitable an employment, that most have left it off in time,
some can't keep a bed for themselves to lye on, others are run
away in debt and the best can scarce preserve their credit, so
that, if that Act were now in force, we should scarce have one
ordinary keeper in the whole Province that could comply with
such a law. And we dare presume your [Majesty] would not
deny us the liberty of altering such a law, lest the forfeitures
therein should miss the Exchequer ; neitheir, as we hope, will
your Majesty oblige us to continue such a law, so much to the
prejudice of the countrey, lest Sir Thomas Laurence should loose
his perquisite. Those fines, when paid, were not certainly
annext as a perquisite to any one particular office, or appropriated
continually to one and the same person's or officer's use, but as
the fine itself, so the application of it, was subject to alteration,
etc. Sir T. Laurence could have no other title to them than
what was consistent with their essence, which only depended on
their being serviceable to ordinary keepers, and therefore he could
not expect them longer than they served that end or had their
being, nor so, but that if the consideration on which he had them
was extinguisht or satisfy'd, they might have been disposed of
otherwise, or given to some more deserving person, or at least
have been refused to those that the Province thought deserved
them not. Sir Thomas has not deserved those fines of late had
they been continued on the ordinary keepers. We have long
forborn to make our just complaints against him, lest they should
be censured as the effects of disrespect. We are now obliged to
make them in our own defence, etc. Although he has the benefit
AMERICA AND WEST INDIES. 293
1714.
of the fees for searching the records in his office, yet he has suffered
so many of the record books to be so long used without causing
them to be transcribed that some parts of them where the rights
of sundry people's estates have been recorded are wholly lost and
worn out, and others tlic province have been forced to be at great
charges to get transcrib'd to prevent them from the like fate.
And now we find that those records which principally concern
all the real estates in Maryland are in so dangerous and moultering
a condition that 'tis not less than lf>0,000/&. of tobacco will
preserve them. And we mid that the Secretary's providing
insufficient books for records is one great cause of such loss and
charge. Sir T. Laurence has in his choice of Clerks of the several
Courts, most commonly appointed such as would serve him at the
cheapest rate, without regard to their capacities or merit, some of
which have left sundry judgements and other matters of great
concern to the inhabitants, which ought to have been entered,
wholly neglected to the great loss of those concerned therewith ;
and when the parties griev'd seek redress, they find no security
from Sir Thomas here to have recourse to, Sir Thomas having
taken advantage of H.M. Order in Council, March 2, 169| that his
own personal security should be taken for the due execution of
his office, tho' then by his commission he was obliged to reside
amongst us, and likewise of your Majesty's Royal Letter of Lycence
that lie might hold the said office, tho' absent, and exercise the
same by deputy, has transported himself from us, so that now we
have no other security from him, for the preservation of both
our real and personal estates which mostly depend upon the
records in his office, than his own person, and that beyond our
reach. He has leave by H.M. Order in Council, Dec. 21, 1691,
in consideration that he was to give security for the good
behaviour of the Clerks of the several County Courts to receive
yearly from such Clerks a tenth part of a year's value of each
Clerk's place, the said value to be estimated by the Governor
and Council here, and thereupon Sir Thomas, without giving such
security for the behaviour of said Clerks, and without having the
yearly value of such places estimated as directed exacts con-
siderable sums of the said County Clerks, on pretence that their
tenths are due to him ; tho' he never complyed with the condition
of their being granted to him. And at this day, by himself or
his deputy, receives more than one third of the yearly proffits
from some of them. Contrary as we beleive, to the true intent
of your Majesty's Royal Letter of Lycence to him, he has rented
out his office here against the form (as we take it) of the statute of
5th of Edward Vlth against buying and selling of offices. He
appoints the Clerks of the several County Courts to hold their
offices only during pleasure, and turns them out as he or his
deputy thinks fitt, without shewing to the Courts wherein they
serve any cause for his so doing, imposing upon the Courts
unskilful! clerks that pay large sums for their commissions, and
turning out those of more experience. The Journals and
proceedings of the General Assembly lodged in his office are not
taken due care of, most of them impair'd, and many of them lost,
294 COLONIAL PAPERS.
1714.
We confess some of these particulars have happened since the
alteration of that law for ordinary keepers, and therefore could
not be the cause of it. But as we thought we had sufficient
reason to lessen those fines and to apply those that were, towards
the releife of the country under its sinking circumstances ; and
that the care of our records had been much neglected by Sir. T
Laurence, who had the sole benefit of them, tho' we bear the
burthen, and paid for their transcribing and amendment, we
thought our application of those fines to the publick use but
reasonable, that it might in some measure make amends for the
damages received by Sir Tho. Laurence's male-execution of his
office. And tho' the later passages which relate to his farming
his said office could not be the cause of altering those fines, yet
the observation of them does the more confirm us, that Sir T.
Laurence is now the less deserving of them. We further beg leave
to observe that, when those fines were first given to. Sir Thomas,
the circumstances of the Province were much better, than they
are now, but the perquisits of his office amounted not to near the
annuall value that now they do ; that therefore finding the
province wanted them more, and his office less, than when at
first granted, 'twas thought unreasonable that they should be
continued longer to him after such an alteration of circumstances ;
being but at first given by a voluntary Act without any valuable
consideration for so doing. We are very sensible of the advantage
he has over us, by being always ready to answer our allegations
against him, whilst we being a distance, having never heard the
particulars of his complaint against us, lye under a necessity of
answering. We find his pretentions much more strait upon us
than any other we have had to do with. Upon granting a duty
of '3d. per hhd. on tobacco to Col. Blackeston as Governor for a
gratuity, his successor, Col. Seymour never pretended to it as a
debt from the country to the government, but allowed it to be in
the breast of the countrey, with the consent of your Majesty's
Viceregent here, either to give or withhold it, tho' the very end
of the imposition was to raise a revenue to which your Majesty's
Instructions against the making of presents was agreable. But
we find because Sir Thomas had those fines given him as a gratuity,
which were only accidentaly useful to the regulating ordinaries
as the cheif end of imposing them, and not laid for the sake of
advancing any revenue, he seems to expect that his proffits should
be lookt upon as the whole end of laying them, and that the
voluntary grant of them for once to him, shou'd immediatly
become a perpetual obligation on us. There was no valuable
consideration from him for the disposing of those fines to Sir
Thomas, etc. We are sorry to find that Sir Tho. Laurence made
an untrue allegation against Governor Seymour (as appears by
the remarks of the Lords of Trade, 1710) having some reason to
fear he may make more bold in using us after the like manner.
We humbly propose as a barrier against such unfair usage, that
your Majesty would be graciously pleased, from time to time, to
give orders that the particulars of his complaints and allegations
may be communicated to us. We shall be at all times ready to
AMERICA AND WEST INDIES.
295
1714.
Jan. 29.
Whitehall.
Jan. 31.
Windsor
Castle.
Jan. 31.
Feb. 1.
make appear the truth of what we have herein alledged etc., and
hope that no allegations may be received against us, but such as
shall be likewise proved. By this means we hope to preserve the
character of dutifull and loyal subjects. Upon the whole, unless
Sir Thomas can prove a better right to his pretentious than
yet he has done, we do not think he ought to have them ratifyed.
We shall always pay a strict regard to your Majesty's royall
commands, and if commanded to gratify Sir Thomas in this
behalf, we must and will passively submitt, but can never
dissemble so with your Majesty, as to pretend an active free
consent to any law for that which in the eyes of all your subjects
here, seems but a burthen and unreasonable, etc., etc. Signed,
R. Ungle, Speaker, and 41 others. (Cf. Nov. 20, 1713). Endorsed,
Reed. 29th Jan. 17}f. '25pp. [(7.0.5,717. No. 56.]
568. Council of Trade and Plantations to Lord Bolingbroke.
Enclose following. Annexed,
568. i. Instructions for John Hart, Governor of Maryland.
In usual form, but " omitting such clauses as were proper
only during the war." [C.O. 5, 727. pp. 362-435.]
569. H.M. Warrant to Mr. Attorney or Solicitor General,
to prepare a Bill for H.M. signature appointing Edward Ferric,
Clerk of the Navy Office in the Leeward Islands, with a clause
obliging him to reside there. Countersigned, Bolingbroke. [C.O.
324, 33. pp. 28-30.]
570. Order of Queen in Council. Approving Instructions
of Governor Hart. Signed, Edward Southwell. Endorsed, Reed.
15th March 17-J|, Read 4th March, 17if 1 p. [C.O. 5, 717.
No. 64.]
571. Governor Lowther to the Lords of the Committee of
Appeals. Replies in detail to the charges of Alexander Skene,
as ordered Oct. 14, 1713. Signed, Rob. Lowther. Endorsed,
Reed. Read 4th Jan. 17f. 9 closely written pp. Enclosed,
571. i. Deposition of Thomas Neale that the following are true
copies. 6th March, 1713(14). Signed, Rob. Lowther.
Ip.
571. ii. (a) Copy of proceedings for taking depositions in the
case of A. Skene, pursuant to the Order of Council 14th
Oct. 1713.
571. ii. (b) Copies of Depositions taken by the Governor's
order before Thomas Neale, in connection therewith,
by William Tonstall, Lt. General John Frere, Thomas
Maxwell, Wm. Grace, Saml. Barwick, John Mills, Samll.
Husbands, Edmund Sutton, with Skenc's protest, etc.
27 Jan. 1713(14). 23 closely written pp.
571. iii. Deposition of Thomas Prideaux and Robt. Bishop, that
the following are true copies. Signed, Robt. Lowther.
IP-
296
COLONIAL PAPERS.
1714.
[Feb. 2.]
Feb. 3.
Whitehall.
Feb. 4.
Whitehall.
571. iv. (a) Copy of petition of Alexander Skene to Thomas
Prideaux and Robert Bishop, demanding the summoning
of his witnesses, etc., Jan. 15, 17{f, for the hearing of
his case in the Council Chamber.
571. iv. (6) Copy of petition of Alexander Skene to Governor
Lowther, April 22, 1713, to be restored to the profits
of his office of Secretary since his suspension, detained by
Arthur Upton and Saml. Barwick, contrary to H.M.
Order in Council 16th Dec. 1712, and H.E.'s order of
28th March, 1713. In answer to above the Governor
replied that petitioner must apply to the Queen.
571. iv. (c) Copy of repty of Arthur Upton to Governor
Lowther, 12th April, 1713. When Skene applied to me,
I said I was surprised at the Governor's order to refund
the profits of the Secretary's office, and had spent it,
etc.
571. iv. (d) Copies of depositions relating to above by Hall
Belgrave and Herman Vonlengerhen, Wm. Grace,
Samuel Beresford, Thomas Maxwell, John Lane,
Timothy Salter, John Frere, John Pilgrim, Thomas
Alleyne, John Mills, and Samuel Cox. Jan. 19, 1713 (14).
The whole, 34 pp.
571. v. Governor Lowther to the Queen. Sept. 2, 1713. In
reply to Skene's misrepresentations, relates the whole
history of the proceedings in the case, with copies of
orders, petitions,, depositions, relating thereto. Signed,
Robt. Lowther. 104 closely written pp.
571. vi. Deposition of William Tonstall that preceding papers
are true copies. 6th March, 17{|. Signed, Robt.
Lowther. f p. [C.O. 28, 16. Nos. 1, 1 i.-vi.]
Feb. 7.
Windsor.
572. Four affidavits as to the course and common rights to
the Three Houses spring in Barbados (v. Jan. 21). Signed,
Joseph Thome, Feb. 1, 1713. f p. James Graeme, Feb. 1, 1713.
\ t p. Edward Skeete, July 11, 1713. 2-$ pp. Roger Webb, July
11, 1713. '2% pp. The whole endorsed, Reed. Read 2nd Feb., 17{f .
[C.O. 28, 14. Nos. 12-15.]
573. Council of Trade and Plantations to the Lord High
Treasurer. We have no objection to granting Mr. Byrd such a
licence in the manner proposed (v. Jan. 25th). [C.O. 5, 1-364. p.
25.]
574. Mr. Popple to Mr. Lowndes. The Council of Trade and
Plantations having received my Lord High Treasurer's commands
to report how the affairs of H.M. several Plantations may be
put into such a method as to be able by ways and means among
themselves to support the whole charge of their Governments ;
they desire an account of the annual expence of the said Planta-
tions, etc. [C.O. 324, 10. p. 39.]
575. H.M. Instructions to John Hart, Governor of Maryland.
Signed, A. R. [C.O. 5, 189. pp. 120-184.]
AMERICA AND WEST INDIES.
297
Feb. 9.
Whitehall.
1714.
Feb. 7. 576. The Queen to Governor Lowther. Whereas we have
Windsor thought fit to recall you from the Government of Barbados, etc.,
upon the receipt hereof you are to deliver unto our Trusty and Well
beloved William Sharpe President of our Council, etc., the seal,
publick papers and ensigns of Government, and forthwith repair
into our Royal Presence. Countersigned, Bolingbroke. [C.O. 324,
33. pp. 30, 31.]
577. Council of Trade and Plantations to the Queen. The
Agent for Barbados having presented a memorial complaining
that of late quantities of rum, sugar and molosses have been
imported from Surinam to New England and other your Majesty's
Provinces on the Northern Continent, to the great detriment of
your Majesty's sugar Plantations, and the trade and navigation
of this Kingdom, we have heard him, as also the agent for the
Massachusets Bay ; and thereupon take leave humbly to
represent to your Majesty, that by Acts passed in the 12th and
25th years of King Charles II. (quoted) certain goods vizt., sugar,
tobacco, cotton, wooll, indico, ginger, fustick or other dying
wood of the growth of the said Plantations are prohibited from
being shipped or transported from any of the English Plantations,
to any place but the Kingdom of England, Ireland or to other of
the said Plantations. And by an Act passed in the 3rd and 4th
years of your Majesty's reign, rice and molosses are under the
like restraint and penalties. But we do not find that there is
any law which prohibits your Majesty's subjects in the Plantations
from fetching any of the sd. goods from Surinam or other foreign
Plantations in America, by which means several European goods
are carryed to the said Plantations, contrary to the Acts of Trade
and Navigation, and therefore we humbly offer that it will be
for the advantage of the trade of this Kingdom and of the sugar
Plantations, that the trade between your Majesty's Plantations
on the Northern Continent, and the said foreign Plantations in
America, for rum, sugar and molosses, be prohibited by law here.
[C.O. 5, 913. pp. 469-471.]
[Feb. 11.] 578. Mayor and merchants of Dartmouth to the Council of
Trade and Plantations. Urge that, the boundaries of Newfound-
land having been settled by the Peace, the French be not allowed
to encroach on us as formerly they have by little and little done,
and that a brigantine be appointed to go continually round the
land, to see that the French leave the country after the cod fishing
season is over, in such parts as leave is granted 'em according to
the Treaty, and do not resettle there, etc. Signed, Caleb Rockett,
Mayor, and 46 others. Endorsed, Reed. Read Feb. 11, 17}f.
1 p. [C.O. 194, 5. No. 32 ; and 195, 5. pp. 326-328.]
Feb. 12.
Whitehall.
579. Council of Trade and Plantations to the Lord High
Treasurer. Representation on petition of Anthony Swymmer,
and Johanna Kupius etc. (v. Oct. 1st, 1713 and Jan. 15, 1714).
It does appear to us that the said estate is escheated to H.M.,
and that H.M. may grant the same to whom she shall think fit,
298
COLONIAL PAPERS.
1714.
Feb. 16.
Whitehall.
Feb. 16.
London.
Feb. 17.
Whitehall.
Feb. 17.
Whitehal.
etc. (as set out in first part of A. P.O. II. No. 1284, q.v.}. Concludes :
But as we have been inform'd, the valuation of this escheat,
as returned by the jury, is much less than in reality it ought to
be, we are of opinion there shou'd be another inquisition before
the said escheat be granted. [C.O. 138, 14. pp. 69-73.]
580. Lord Bolingbroke to the Council of Trade and Planta-
tions. Mr. Secretary at Warr has represented to the Queen
that complaint has been made by the Assembly of Jamaica
concerning the keeping of Mr. Handasyde's Regiment there, and
he has at the same time desired H.M. orders to him for his guidance
in this matter ; I am thereupon commanded to let your Lordships
know that you should call before you such merchants and planters
belonging to the said Island as are here, and enquire of them
concerning the nature and ground of this complaint, and concern-
ing the use this Regiment is of to the Island ; and upon the whole
state to H.M. your opinion in relation both to the complaint, and
to the necessity of keeping the said Regiment in Jamaica ; to the
end that if it appear to be of no advantage to the Island to have
the Regiment continued, it may be recalled ; but if on the contrary
it be necessary for the safety and defence of the said Island, it
may be kept there, and enjoy the same allowances, which have
been usually given. Encloses copy of letter from Col. Moody
at Lisbon (v. Jan. 25). H.M. directs that you should consider of
it, and lay before her what Instructions you think necessary
upon the points mentioned by Col. Moody ; as also upon any other
matters, which he has not taken notice of, and on which you may
judge it to be fit that Instructions should be given for the benefit
and improvement of that important Colony. Signed, Bolingbroke.
Endorsed, Reed. 16th, Read 17th Feb. 17{f . 2 pp. [C.O. 137,
10. No. 41 ; and 138, 14. pp. 73-75.]
581 . Capt. Taverner to the Council of Trade and Plantations.
Col. Moody being detained at Lisbon, proposes that he be
dispatched at once to Newfoundland with money and stores,
etc., in a ship burthen about 180 tons, etc., Signed, Wm. Taverner.
Endorsed, Reed.
194, 5. No. 32
16th Feb.
and 195,
.
pp.
Addressed.
329-331.]
1| pp. [C.O.
582. Council of Trade and Plantations to Lord Bolingbroke.
Enclose copy of memorial of Mayor, etc. of Dartmouth (v. Feb. 11).
In our humble opinion nothing will tend more to the publick
service, than that a survey be made of Newfoundland, its several
harbours and fishing places, as propos'd by the said representa-
tion. But we are apprehensive a brigantine therein mention'd,
will be too small, and that such a ship as propos'd by Capt.
Taverner Feb. 16 (copy enclosed), will be much more fit for that
service. [C.O. 195, 5. p. 332.]
583. Mr. Popple to Mr. Thurston. Refers to preceding.
Concludes : The Council of Trade and Plantations desire to
AMERICA AND WEST INDIES.
299
1714.
Feb. 17.
Whitehall.
Feb. 18.
Westminster.
Feb. 20.
Maryland.
Feb. 20.
St. James's.
Feb. 20.
St. James's.
speak with such merchants and planters of Jamaica as are in town
on Tuesday next, etc. [C.O. 138, 14. pp. 15, 70.]
584. Mr. Popple to Col. Laws.
14. p. 76.]
As preceding. [C.O. 138,
585. Copy of Privy Seal for Commission of Trade and
Plantations (Francis, Lord Guildford, Sir Phillip Meadows,
Robert Monckton, Arthur Moore, Sir John Hynde Cotton, John
Sharpe, Saml. Pytts, Tho. Vernon) etc., as Jan. 31, 1712, and
directing salaries for them and the under officers of the Plantation
Office, etc. 4J- pp. [C.O. 388, 76. No. 163 ; and 389, 37.
pp. 67-73.]
586. Col. Lloyd, President of the Council of Maryland, to
Lord Bolingbroke. Encloses Journals of Council and House of
Delegates, and laws made the session, Oct. 27, 1713, etc. In
obedience to H.M. royall commands in favour of her Secretary
of this province, I exerted my utmost endeavours to perswade the
delegates to yeild due complyance thereto, and enact a law to
settle the fynes or ordinary lycences upon H.M. Secretary of this
province, without lymitation of tyme, and to make him an
equitable satisfaction for the meane profitts of those lycences,
which he has lost since 1704. And altho' I was not able to induce
the delegates to pass such a law etc., yet I doubt not, but that it
will be evident by the many repeated messages, that I left no
means possible, that I was capable of, unused to perswade their
complyance. My Lord, as to the laws past this last session, they
not being of any great import, and most of them private Acts,
I am in hopes they will meete your Lordps. good countenance
and H.M. royall approbation etc. Signed, Edwd. Lloyd. Ad-
dressed. Sealed. 1 p. [C.O. 5, 720. No. 19.]
587. Order of Queen in Council. Approving representation
of Jan. 15 (q.v.), and confirming Acts of Pennsylvania accordingly.
Signed, Edward Southwell. Endorsed, Reed. 9th, Read 17th
March, 17[f . 3| pp. [C.O. 5, 1264. No. 142 ; and 5, 1292.
pp. 412, 413.]
588. Order of Queen in Council. Approving representation
of Jan. 15 (q.v.), and repealing Acts of Pennsylvania accordingly.
" And it is further ordered by her Majesty, that the Deputy
Governor, Council and Assembly of Pensylvania, be, and they
are hereby strictly enjoyn'd and required not to permit the said
laws or any part of them to be from henceforward put in execution,
but that they forthwith declare the same to be null and void
to all intents and purposes, as they will answer to the contrary."
Signed, John Povey. Endorsed, as preceding. 3| pp. [C.O.
5, 1264. No. 143 ; and 5, 1292. pp. 414, 415.]
Feb. 20.
St. James's.
589. Order of Queen in Council. Approving representation
of Feb. 9th, and ordering Mr. Attorney and Mr. Solicitor Generall
300
COLONIAL PAPERS.
1714.
Feb. 23.
Whitehal.
Feb. 23.
London.
Feb. 23.
Boston.
Feb. 25.
Feb. 25.
Whitehall.
to prepare the draft of a bill to be offered this Parliament for
prohibiting the importing of rum, sugar, etc. from Surinam to
New England, Signed, Edward Southwell. Endorsed, Reed.
15th March, ITjf, Read July 28, 1715. 1 p. [C.O. 28, 14. No.
45 ; and 29, 13. pp. 317, 318.]
590. Council of Trade and Plantations to Lord Bolingbroke.
Enclose copies of Lt. Governor Pulleine's letter and enclosures with
complaints against the Spaniards for seizing ships since the peace.
(v. Jan. 9). Autograph signatures. Endorsed, Demand reparation.
Write to Lawless. 1 p. Enclosed,
590 i.-iii. Duplicates of Nos. 544, 544 i., ii. [C.O. 37, 26.
Not. 18, 19, 19 i., ii. ; and 38, 7. pp. 188, 189.]
591. Col. Lawes and others to Mr. Popple. Propose that if
the Regiment is recalled from Jamaica, the private sentinels
may be left at liberty to stay or return, etc. Signed, Nicholas
Lawes, Charles Kent, Rich. Thompson, Richd. Rigby, Tho.
Mitchell, Wm. Willard. Endorsed, Reed. 24th Feb., Read 5th
March, 17|f. 1 p. [C.O. 137, 10. No. 43 ; and 138, 14. p.
87.]
592. Address of the Council and Assembly of the Massachusetts
Bay to the Queen. The timber and produce of this your Majesty's
Province, could we be so happy as to have it further encouraged,
might be of the greatest profit and advantage not only to your
Majesty's good subjects here, but also to your Majesty's Royal
Navy and all your Majesty's good subjects at home tradeing in
that article. (1) In this Province as well as in those next
adjoyning there are great quantitys of all sorts of timber. (2)
Importation of timber etc. from Norway and the East Country
hath been the occasion of the exportation of great quantitys of the
British coine. (3) The distance of scituation and consequently
the dearness of freight together with the Custom prevents the
importation of the best of all sorts of timber from your Majesty's
Plantations in North America. (4) But were the Custom so
proportioned that freight and Custom from America should not
exceed freight and Custom from the East Country such importa-
tion might be encouraged etc. Pray H.M. to direct accordingly.
Return thanks for the continuance in office of Governor Dudley,
etc. Signed, Isc. Addington, Secry., John Burrill, Speaker.
Emlorsed, Reed. May 23, 1714. llargep. [C.O. 5, 752. No. 2.]
593. Copy of clause in Governors' Instructions empowering
them to command the inhabitants to join with the soldiers in
case of any invasion (v. Nos. 505, 580, 594). [C.O. 5, 4. No. 5.]
594. Council of Trade and Plantations to Lord Bolingbroke.
In obedience to H.M. commands (Feb. 10) we have considered Col.
Moody's desire of having some new instructions, and are humbly
of opinion that the first and second articles proposed by him,
as also the first part of the fourth, relating to his being impower'd
AMERICA AND WEST INDIES.
301
1714.
Feb. 25.
Whitehall.
Feb. 27.
Whitehall.
to command the inhabitants to join the soldiers in case of any
invasion of pirates or any other enemies, are reasonable ; and we
presume the enclos'd (v. preceding) will be sufficient for that
matter. As to the third Article, to be impower'd to hold a Court
Martial etc., we think 'tis improper as proposed, for that the
Govrs. of the Plantations are not impower'd to execute Martial
Law, but only in time of war, and as is express'd in the said
clause, and the said Govrs. are restrained by their Instructions
from putting the said Law Martial in execution upon any of the
inhabitants without the advice and consent of the respective
Councils. We are apprehensive that the power he desires, of
commanding the inhabitants at convenient times when the
fishing season is over, to fell timber for pallisadoes, and for building
a large fort, etc., may be attended with the inconvenience of
subjecting the inhabitants to be harass 'cl at the will of the
commanding officer. Autograph signatures . 2pp. [(7.0.104,23.
No. 11 ; and 105, 5. pp. 333, 334.]
595. Lord Bolingbroke to Lt. Governor Moody. A frigat
was dispatched from hence about the latter end of Sept. with
several orders relating to your taking possession of Placentia
(v. Sept. 25). This ship we find got safe to Placentia. But I
understand from the Lords of the Admiralty that they have
advice from the Commander that he designs to return home as
soon as possibly he can. It being therefore likely that you may
miss of the ship, and not receive those dispatches, I thought it
requisite to send duplicates (inclosed). You will observe upon
perusing these papers that by reason of your not getting to
Newfoundland last winter, several of those orders may upon your
arrival in the spring be found to be of no further use, the French
having now had time enough to prepare to remove upon your
appearing to take possession of Placentia. However it is fit that
you should know H.M. resolutions in all events ; and I hope the
copys inclosed of the orders to Monsr. de Costebelle will have as
much force as the originals, in case of necessity, they having been
sent with my first packet. I have received your letters of Dec.
24th and Jan. 25th from Lisbon. The duplicates of your
memorials I transmitted to my Lord Treasurer, and I recom-
mended to his Lop. at the same time the care of furnishing
subsistence and provisions to the troops under your command.
Your proposals for the security of Placentia, and consequently
for the encouragement of commerce there are laying before the
Lords of Trade. I shall endeavour to get answers both from that
Board and from the Treasury, and then I shall be sure to transmit
them to you at Placentia by the first opportunity, which I expect
to have very soon. Signed, Bolingbroke. [C.O. 324, 33. pp.
31-33.]
596. Lord Bolingbroke to the Council of Trade and Planta-
tions. I have lay'd before the Lords of the Councill, your letter
of the 23rd instant, etc. Their Lops, think it proper, that before
they offer any opinion to H.M. etc. your Lordps. should advise
302
COLONIAL PAPERS.
Feb. 28.
St. James's.
March 1.
Whitehnl.
1714.
with the civil lawyers, etc., and when you have discours'd these
Gentlemen, you will please to report what your own sentiments
are, and likewise what are those of the civilians. Signed,
Bolingbroke. Endorsed, Reed. 27th Feb., Read 1st March, 17jf .
2 pp. [C.O. 37, 9. No. 28 ; and 38, 7. pp. 189, 190.]
597. H.M. Warrant to Mr. Attorney or Mr. Solicitor General
to prepare a bill for appointing Richard Carter Attorney General
of Barbadoes, with a clause obliging him to residence, and
revoking the letters patents of Thomas Hodges. Countersigned,
Bolingbroke. [C.O. 324, 33. pp. 34, 35.]
598. Mr. Popple to Sir Charles Hedges. Encloses copies of
Lt. Governor Pulleine's letter and enclosed affidavits (Jan. 9th)
for his opinion and that of other civil lawyers thereupon in writ-
ing on Friday morning, etc., at which time their Lordships desire
ye favour of speaking with you, etc. [C.O. 38, 7. pp. 191, 192.]
March 4. 599. Mr. Lowndes to the Council of Trade and Plantations.
Treaty. Encloses following for their report. Signed, Wm. Lowndes.
3ra - Endorsed,, Reed. 10th, Read llth March, 17jf. Addressed.
f p. Enclosed,
599. i. Order of Queen in Council, Windsor, Nov. 30, 1713.
Referring following to the Lord High Treasurer (v.
A.P.C. II., No. 1195). Signed, William Blathwayt. p.
599. ii. Petition of George Earl of Orkney, Captain Generall
and Governor in Chief of Virginia to the Queen. Proposes
that encouragement be given to the inhabitants to work
some ore discovered in Virginia within this 12 months
last past, that has greatly the semblance of silver in it.
Being sensible that all gold and silver mines are your
Majesty's intire property, they have desisted making
any further attempt till they are encouraged by your
Roy all Proclamation, and what share you will please
to retain to yourself. After which the inhabitants
there, are desirous to go in quest of this important project
at their own proper charges, etc. Endorsed, March 1,
17jf . Copy. 1 p. [C.O. 5, 1316. Nos. 104, 104 i., ii. ;
and 5, 1364. pp. 26-29.]
March 4. 600. Sir Charles Hedges and others to Mr. Popple. Having
Drs. Commons, perused Mr. Pullein's letter etc. Jan. 9, wee humbly are of opinion,
that in case the Lords Commissrs. for Trade, think those informa-
tions to bee true, that then the only, and proper way for relief
will bee, upon a representation to the Minister for Spain residing
here, and likewise by H.M. Minister att the Court of Madrid,
to demand reparation, and redresse of those practises complained
of, which seem very prejudiciall to, and destructive of the trade
of H.M. subjects in those parts : and that herein, no time should
bee lost, etc. Signed, C. Hedges, Nath. Lloyd, Hen. Newton,
R. Wood, Hum. Henchman. Endorsed, Reed. Read 5th March,
17 jf. 2pp. [C.O. 37, 9. No. 29 ; and 38, 7. pp. 192, 193. |
AMERICA AND WEST INDIES.
303
1714.
March 5.
March 5.
March 9.
Virginia.
601. Council of Trade and Plantations to Lord Bolingbroke.
Enclose copy of preceding, wth. wch. we agree, etc. We have no
reason to doubt of ye truth of ye facts, etc. Autograph signatures.
1 p. Enclosed,
601. i. Copy of No. 600. [(7.0. 37, 26, Nos. 20, 20 i. ; and
(without enclosures) 38, 7. p. 104.]
602. Extract of a letter from Elisha Dobree to Capt. Taverner.
I have this day received a letter of my friends of St. Malo who
writes me that the French ships continue to goe for St. Peters
this year, under the pretext of their having still their habitations,
and will dispose of none, they having retracted their mind of
selling or disposing of them, etc. Signed, Elisha Dobree.
Endorsed, Reed. Read 20th, March, 17ff. 1 p. [C.O. 104,
5. No. 36.]
603. Lt. Governor Spotswood to the Council of Trade and
Plantations. Refers to previous letter, and continues his remarks
upon other laws passed the last sessions of Assembly : The
deficiency as well as desuetude of the only law here made for
keeping Parish Registers having rendered ineffectual all my
endeavours for obtaining an exact list of the births, christnings
and burials required by H.M. Instructions, I thought it necessary
to recommend that matter to the Assembly, and I hope the Act
now passed is so well calculated for answering the end proposed,
that as soon as it takes place I shall be enabled to send your
Lordps. such a compleat list as may make some amends for the
deficiency I have heretofore sent. Upon the earnest application
of the inhabitants of St. Mary's parish I have consented to an
Act for redressing their grievances by dividing that parish : for
having received no answer from your Lordps. to what I writt
concerning the power of bounding and dividing countys and
parishes, I could no longer resist the importunitys of the people
in this case ; Nevertheless your Lordps. will observe by the
different preamble of that Act that I have endeavoured to set a
precedent for future applications of that kind to be made first to
the Crown in the person of the Governor, and to undecieve the
people, who have hitherto look'd upon their Representatives, to
have the sole power in all such matters. Two of the Acts pass'd
this session vizt. that for the settlement of ferrys, and that
prohibiting the entertainment of runaway seamen, which were
only temporary and near expiring, are now made perpetual
according to H.M. Instructions concerning the re-enacting laws
of that nature which I communicated to the House of Burgesses
on this occasion, as judging both these Acts to be of publick
benefite ; and if the Act concerning the nomination of sherifs,
which is now also re-enacted had not depended on a temporary
want, namely the increase of their profites by the advance of the
price of tobacco, which I hope a short time will bring to pass,
I should have got that too made perpetual : but seeing such an
alteration of the circumstances of the country may soon make
that law altogether unnecessary, I hope your Lordps. will not
304 COLONIAL PAPERS.
1714.
construe it a dispensing with H.M. directions that it is still con-
tinued temporary. I gave your Lordps. an account in my last
of the confidence the Assembly had placed in me, with relation
to two particulars of considerable importance, the one for
finishing the Governor's house without limitation of the summ
which your Lordps. will find in the Act to impower John Holloway
and John Clayton, gent., to recieve the money paid for lotts in
Williamsburgh , and the other in the Act continuing the Rangers,
whereby I am impowered to disband such of them as I shall think
fitt, and to apply their pay towards the settlement of the frontiers ;
and by an address of the House of Burgesses (Journal, Dec. 0),
I am further impowered to apply towards the same service the
remaining part of the sum appropriated for the relief of North
Carolina. In pursuance of this last trust, I formed the scheme
mentioned in the Council Journal, Jan. 27, and hope to put it
in execution very speedily, with more safety to the people and at
a fifth part of the charge they have been at for some years past to
maintain their Rangers. For after severall conferences with the
Tuscaruro Indians who have for some time dispersed themselves
on our frontiers, and occasioned the keeping on foot so great a
number of Rangers to prevent their incursions, I have at last
concluded a Treaty with them, and renewed the Treatys made with
the most considerable of our former Tributarys, which I hope will
not only secure us against any danger from them, but prevent
all other roving partys of strange Indians from coming near our
inhabitants ; the severall partys of men that are to be settled
among the Tuscaruros and the other Tributarys will be as so many
spyes upon all their actions, the trade carryed to their towns,
and settled upon a just and qual footing, and a due administra-
tion of justice in all controversys arising between them and the
English will create in them a likeing to our Laws and Government,
and secure a necessary dependance on this Colony for a supply
of all their wants as the instructing their youth in the principles
of Christianity, will in a generation or two banish their present
savage customs, and bind them by the obligations of religion to
be good subjects and usefull neighbours. I shall not enlarge
further on the advantages of these Treatys, of which I now send
your Lordps. the copys. I hope your Lordps. will be satisfyed of
the good intention with which they are formed, and I have not
much doubt but that the event will be answerable ; for as to our
ancient Tributarys, there is no suspition of their receding from
any of their engagements ; and for the Tuscaruros, if they once
deliver the hostages they have promised (which I expect to know
in ten days' time at furthest) there's as little question to be made
of them, considering the aversion they have to return into
Carolina, and the impossibility of their subsisting long without
trade. I shall not trouble your Lordships with anything more of
the proceedings of the Council, having in my former letters hinted
whatever is remarkable therein. Only take notice that this
winter has been fatal to three of that Board vizt. Henry Duke,
William Fitzhugh and John Custis, Esqrs., who all died in little
more than a month, the number of the Council being by that
AMERICA AND WEST INDIES. 305
1714.
means and the absence of Col. Jenings and Col. Ludwell now in
England reduced under the number of nine. I did in pursuance
of the power granted me by H-.M. for supplying that vacancy
on 27th Jan. call to that Board Major Nathaniel Harrison, whom
I formerly recommended to your Lordps. , and on 6th Feb. Mr.
Mann Page a young gentleman of a liberal education, good parts
and a very plentifull estate, and whose father and grandfather
had the honour of the same post. After this Mr. Edmund
Berkley brought me H.M. letter for swearing and admitting
him into the Council, but at the same time insisted upon his
taking place of all others sworne in since the date of his letter,
alledging that from that time he was to be look'd upon as one of the
Council tho' not sworne, and so preferrable to any of my nomin-
ation ; but as I do not pretend to any authority here except
what is derived from H.M. and that I look upon myself to be
equally impowered and under an equal obligation of obedience
whether H.M. commands be signifyed to me under the Great
Seal as is the power given me by my Commission for supplying
vacancys in the Council or by H.M. sign manual as the letter in
favour of Mr. Berkley is, and besides that all the precedents
I can find are plainly against this Gentleman's pretension, except
where it hath been otherwise directed by H.M. express commands,
I did not think it proper for me to determine that point in his
favour, upon which he refused to be sworne ; and having occasion
since to convene the Council I gave him notice thereof, that he
might then take the opportunity of being sworne, but he returned
answer that he was not resolved whether he should accept thereof
or not untill he had right done him. Whereupon I did on the first
instant swear Mr. Robert Porteus to make the number of the
Council nine. This last gentleman being of a very good character
both for good sense and loyal and honest principles, and besides
of a very considerable estate, I take the liberty to recommend
both him and Mr. Page to your Lordps'. favour that they may be
confirmed in that post, which I hope their services to H.M. and
their country will merit. At the same time I beg your Lordships
will do me the justice to believe that I have not been hasty in
filling up the Council, out of any dislike of Mr. Berkley, or upon
the account of his being put in without my recommendation, but
rather to construe it a seasonable precaution to supply the General
Court (which now draws near) with a sufficient number of Judges
not allyed to one particular family : for since the death of the
three gentlemen above-named (as I perceive by Mr. Secretary
Cock's letter) the removal of Mr. Jenings, the greatest part of the
present Council are related to the family of the Burwells, and as
there are sundry other gentlemen of the same family, whose
qualifications may entitle them to be of the Council, if they also
should be admitted upon the said private recommendation as
Mr. Berkley hath been, the whole Council would in a short time
be of one kindred. As it is now, if Mr. Bassett and Mr. Berkley
should take their places, there will be no less than seven so nearly
related that they will go off the Bench, whenever a cause of the
Burwells come to be tryed, whereby there must in all such cases
Wt. 3022. C.P. 20.
306 COLONIAL PAPERS.
1714.
be a failure of justice, unless the Council (who are by law
constituted the sole judges of the General Court) be composed of
a competent number of other persons not liable to the same
exception. This consideration will I doubt not prevail with your
Lordships to believe that the recommendation of a Governor is
more disinterested than many times that of other persons,
and may be often necessary to secure a ballance both on the bench
and at the Council Board. However, when Mr. Berkley thinks
fitt to offer himself to be sworne, I shall readily admitt him, and
it is purely his own neglect that he was not sworne before either of
the Gentlemen with whom he now disputes : for he had his letter
by the same ship which arrived on the 5th Jan. and brought me
that for swearing the Secretary, and yet he gave me no notice
that he was appointed of the Council till after Mr. Page was
sworne, nor shew'd me H.M. letter till Feb. 8th. If H.M. shall not
think fitt to give Coll. Basset his former rank in the Council, I
cannot recommend a fitter person to supply the vacancy than
Mr. John Robinson nephew to the present Bishop of London,
he is now with his uncle, and if he returns hither (which is yet
uncertain) I hope your Lordps. will afford him the honour of
serving H.M. in a station he is well qualifyed for. Mr. Thomson,
who for some years past was Attorney Generall of this Colony,
died in the beginning of last month, and I have commissionated
in his place Mr. John Clayton an English Gentleman and a
barrister-at-law, who has as fair a character as anyone I ever
knew of that profession. Signed, A. Spots wood. Endorsed,
Reed. 1st, Read 9th Sept. 1714. 6 pp. Enclosed,
i. Treaty of Peace concluded between Lt. Governor
Spotswood and Deputys from that part of the Tuscoruro
Nation lately inhabiting towns of Rarocaithee, Kintha,
Junonitz and Tahoghkee. Williamsburgh, Feb. 27, 1713
(-14). Whereas the Indians of the late Tuscoruro towns
Rarocaithee, Kintha, Junonitz and Tahoghkee and
divers others of the same Nation who during the war
with the Province of North Carolina deserted their
settlements on the frontiers of that Province, have for
some time past continued dispersed on the north side
of Roanoake River within the bounds of Virginia,
and after sundry applications for obtaining a peace with
the said Colony and the liberty of settling themselves
within the limits and under the protection thereof have
now deputed and sent Naccouea-ighwha, Nyasauckhee
and Narrouiauckhas great men of the said towns humbly
to represent their innocence the late barbarous massacre
in North Carolina and in the war which ensued thereupon,
for avoiding whereof they voluntarily retired very early
from their ancient settlements, and have not since been
aiding or assisting to the rest of their nation engaged
therein : and the said Deputys having further repre-
sented that it is impossible for them any longer to
subsist in the condition they are at present, nor to
restrain either their own people or that ungovernable
AMERICA AND WEST INDIES. 307
1714.
multitude of other towns which have since resorted to
them from supplying their necessitys by rapine and
hostilitys on some of the English. And whereas the said
Indians have as an earnest of their sincere desire to
continue in friendship with the English first delivered
up Hancock the ringleader in the massacre to the
Government of Carolina, and lately seiz'd and delivered
to this Government of Virginia two Tuscoruro Indians
who last summer committed a barbarous murder on
Roanoak River promising to bring in the other as soon
as possible, and have now humbly begg'd that a Peace
may be granted them with the liberty of settling them-
selves within the bounds of Virginia offering to become
Tributarys, and to submitt to such terms as the Governour
of Virginia shall think fit to impose for securing forever
hereafter the inhabitants of the said Colony and all other
H.M. subjects in the neighbouring Provinces against
any dangers from them and their adherents : the
said Governor of Virginia being desirous as well to re-
establish the peace and tranquility of the Province of
North Carolina, as to terminate the great expence which
the Colony of Virginia hath for some years undergone
for the defence of its frontiers, and more especially with a
pious intention to convert the sd. Nation of Indians
from Paganism and Idolatry to the true Christian Faith
to which they have now manifested a good disposition,
Hath with the advice of H.M. Council concluded this
present treaty as follows, (1) It is hereby stipulated and
agreed on the part of the sd. Indians that they and their
posterity shall from henceforth become Tributarys
to her Majesty of Great Britain and her successors, under
the subjection of the Government of Virginia, and shall
submit to such forms of Government, and be obedient
to such rules as the Governor of Virginia shall appoint.
(2) The sd. Indians do consent and agree that as soon as a
place shall be set apart for their habitation, and a
Minister and School Master established there, all their
children shall be taught the English language and
educated in the principles of the Christian Religion ;
and in the meantime twelve boys of the principal
familys of their Nation shall be sent to be taught and
educated at the Saponie Town whenever a School Master
shall be established there. (3) There shall be a firme
peace and amity forever hereafter between the said
Indians and all others that shall incorporate with them
and the Governmt. of Virginia and inhabitants thereof as
well English as Tributarys ; and if any murder, robbery,
theft, or other capital crime shall be comitted by any
of the Indians aforesaid, the sd. Nation shall forthwith
deliver up the offender to be tryed and punished accord-
ing to the laws of Virginia, and for all lesser offences,
committed by an Indian, to any of the English and all
308 COLONIAL PAPERS.
1714.
disputes and controversy s between them, the same shall
be determined by the proper judges appointed by
the Governour for that purpose neither shall either
party be permitted to seek redress by any other means.
(4) The Governor of Virginia shall use his endeavours
to establish as soon as may be a peace with the Senequas,
so as the sd. Tuscoruro Indians may securely without
danger of being attack 'd by that nation hunt in all the
places that shall be assigned them for that purpose.
But it is nevertheless expressly stipulated that the sd.
Tuscoruro Indians shall neither before or after such
peace hold any correspondence with the Senequas or
other forreign Indians without the approbation and
license of the Governour of Virginia for the time being :
and more especialty that they shall not harbour or assist
any Indians engaged in war with any of H.M. Colonys
or plantacons. (5) If the said Tuscoruros shall discover
any conspiracy carrying on by any of their own Nation
or of the other Tributary Indians, against H.M. subjects
or the other Tributary Nations : or that any strange
Indians are on their march for attacking the inhabitants
or Tributarys of Virginia, the sd. Tuscoruros shall
give immediate notice thereof to the Governour for the
time being, and be ready with all their force to suppress
such conspiracy or forreign invasion : and shall whenever
required march with the forces sent out by the Governour
of Virginia, against all enemyes whatsoever. (6) The
Governour of Virginia shall allott and appropriate for the
habitation of the said Tuscoruro Indians [a tract of land]
between James River and Rappahannock equivalent
to six miles square whereon they may build a fort and
town and make improvements for their more convenient
dwelling and subsistance. They shall also have liberty
of hunting on all unpatented lands between the sd. two
Rivers without hindrance or molestacon ; and in case
it shall happen that the lands between the said two rivers
be hereafter taken up and patented by H.M. subjects
as high as the sd. Indian settlement, so as it may be
found convenient to remove the sd. Indians to a further
distance there shall be of new laid out and assigned a
tract of the like quantity of land equally convenient for
their habitation, and due satisfaction made them for such
improvements as they shall leave at their removal : But
the sd. Indians shall not sell or alienate any parts of the
lands to be assigned for them ; the same being hereby
intended to remain in common to them and their
posterity and all sales or leases thereof made by them to
any Englishman, upon what consideracon soever
are hereby declared to be ipso facto void. Nevertheless
it is hereby concluded and agreed that there may be set
apart by the Governour of Virginia out of the land
assign 'd from time to time for the habitation of the sd,
AMERICA AND WEST INDIES. 309
1714.
Indians, a tract not exceeding 2000 acres for the better
support of the Minister and Schoolmaster to be estab-
lished there, and of the officers and souldiers to be
appointed for the guard of the sd. Indian Fort, which
tract shall in like manner remain for the use of the said
Minister, schoolmaster, officer and soldiers according to
the distribution thereof to be made for each respectively
by the Governour of Virginia, without being subject to
the alienation, mortgage, or lease of any of the persons
in those imployments. Provided always that if through
mortality or desertion the sd. Nation of Indians shall
decrease to an inconsiderable number no greater tract
of land shall be required by them for their habitacon
than according to the proporcon of 100 acres for each
person with the liberty of hunting on all the unpatented
lands between the sd. Rivers as aforesaid. (7) The
sd. Tuscoruro Indians shall within seven months
remove themselves from Roanoake River and from all
other places within the bounds of Virginia where they
are now dispersed to the land which shall be assign 'd
them as aforesaid between James River and Rappa-
hannock and shall within ten days after their return
from hence to Roanoak begin to deliver 20 men, women
or children of the chief of the familys of their nation to
be kept as hostages at the town of the Nottoway Indians
there to remain until the sd. Nation have removed to
the place assigned them as aforesd. and have given such
further security as shall be required for performance
of the Articles herein stipulated : after the delivery of
which hostages licenses shall be granted the sd. Indians
to trade and purchase such a quantity of ammunition
as shall be necessary for their subsistance. (8) For the
better defence of the said Indian settlement there shall
be maintained at the publick charge of the Government
of Virginia[n] an officer and twelve men to reside in
their Fort, so long as it shall be found necessary to
assist them against any strange Indians by whom
they may be attacked, and to go out with them in their
hunting as there shall be occasion. (9) During the
continuance of the sd. officer and men at the Indian
Fort aforesaid none of the sd. Indians shall depart
off the grounds allotted for their habitacon, nor repair
to the towns of the other Tributary Indians except
in company of some of the 1 English residing at their
Fort neither shall any of the sd. Indians depart off their
hunting grounds or come among the inhabitants without
the license of the Governour, or the Captain of the Fort
or in company of some Englishman belonging to their
Fort, on pain of being punished at the Governour's
discretion nor shall it be permitted them to hunt on the
land of any other Tributary Indians without the license
of such Tributarys. (10) For the conveniency of the
310 COLONIAL PAPERS.
1714.
sd. Indians, and for the more regular carrying on the
trade, there shall be a publick Mart and Fair kept at
their settlemt. at least six times in a year, where it
shall be free for all H.M. subjects to resort with their
wares and merchandizes, and to exchange the same with
the Indians for their skins, furrs and other commodity s,
and Magistrates shall be appointed to attend at the sd.
Fairs to see the trade justly manag'd to enquire into
any abuses or injurys offered to the Indians by any of
the English residing among them and to administer
justice in all controversies that may arise between
either party concerning the same. (11) Any other of
the Tuscorura Nation, who shall within twelve months
desire to incorporate within the sd. town or settlement
of Indians, and submit to the aforegoing regulations and
articles shall be received to the benefite of this Treaty ;
excepting only such of the sd. Indians as were notoriously
guilty of the late massacre in North Carolina, or of the
late murders on the frontiers of this Colony, and if any
such notorious offenders shall resort to the said settle-
ment, the said Indians do solemnly promise to secure and
deliver them up to the Government of Virginia to be
punished according to the laws thereof. (12) Whereas
by the first article the said Tuscoruro Indians have
submitted themselves Tributarys without any specifica-
tion of the quality or proporcon of tribute to be paid by
them, the Governour of Virginia prefering the safety and
benefite of H.M. subjects to all private advantage which
he might reap from the tribute of skins which have usually
been paid by the Indians to former Governours, and desir-
ing by easing them in that particular to engage them the
more to a faithful observance of this present Treaty, doth
hereby stipulate and agree with the sd. Indians that the
sd. nation shall only pay as an acknowledgment of their
dependance on the Crown of Great Britain, the yearly
tribute of three Indian arrows to be delivered by the
chief men of the sd. Nation to the Governour or Com-
mander in Chief of Virginia for the time being yearly on
St. George's Day at the Palace in Williamsburg. Signed,
The Mark of Narrouiauckhas (Totem Mark), Nyasaugh-
kee, (Totem Mark), Naccouiaighwha (Totem Mark).
Endorsed, Reed. 1st, Read 9th Sept. 1714. 5 pp.
603. ii. Treaty of Peace concluded by Lt. Governor Spotswood
and Ouracoorass Teerheer of the Nottoway Indians.
Williamsburgh, Feb. 27th, 1713. Whereas the lands
laid out and appropriated for the settlements of the
Nottoway Indians in pursuance of the Articles of Peace
made at Middle Plantacon the 29th of May 1677 being
now encompassed by the latter settlements of the English
inhabitants, are thereby become inconvenient for the
hunting by which the sd. Indians subsist, in regard, that
being obliged to pass through the plantacons of the
AMERICA AND WEST INDIES. 311
1714.
English quarrels do often arise to the interruption of
good correspondence between H.M. subjects and the
sd. Nation of Indians ; whereupon the Teerheer of the
said Nottoways having intimated his desire to change
his present settlement for one more remote from the
English as well for avoiding all occasions of difference
with the inhabitants as for the conveniency of a larger
range for hunting. The Governour of Virginia being
desirous to grant so reasonable a request : and at the
same time to employ the service of the sd. Nation of
Indians (of whose fidelity he hath had several proofs)
for the protection of H.M. subjects inhabiting the
frontiers of this Colony, and willing also to lay hold of
this opportunity to improve the favourable disposition
of the sd. Nation towards embracing the Christian faith
by which means the glory of God may be promoted and
the fidelity of the sd. Indians secured by the stricter
ties of religion, hath therefore by and with the advice of
H.M. Council concluded this present Treaty as follows.
(1) The sd. Nation of Indians shall from henceforth
continue Tributarys to H.M. of Great Britain and her
successors under the subjection of the Government of
Virginia. (2 and 3) Similar to articles 2 5 supra.
(5) There shall be set out and assigned for the settlement
of the sd. nation and all other Indians who shall there-
after incorporate with them a tract of land between
the Rivers of Appomattux and Roanoak above the
inhabitants equivalent to six miles square, where they
may build a fort and make improvements for the
conveniency and subsistance of their familys ; and
moreover there shall be set apart a sufficient tract of
hunting grounds for the sd. Indians between Roanoak
and James Rivers to be bounded in such manner as the
Governour shall think fit. And if it should happen
that the lands in those parts be at any time hereafter
taken up and patented by H.M. subjects as high as the
present intended settlement etc. as 6 supra. (6 8 as
10 supra). (9) The Articles of Peace concluded 29th
May, 1677 so far as the same are [? not Ed.] altered by
this present Treaty are hereby ratyfied and confirmed,
and shall be construed to extend to all the Indians who
shall hereafter incorporate with the sd. Nottoways.
(10) If any infringements be made of this present
Treaty by any of H.M. subjects within the Colony of
Virginia, upon a representacon thereof made by the
sd. Indians, due reparation and satisfaction shall be
given them therein. (11) Whereas the Governour of
Virginia did some years ago in order to encourage the
sd. Indians to send some of their children to be educated
at the Colledge of William and Mary, remit the annual
tribute of skins which were payable by the sd. Indians
to the Governour for the time being and it being
312
COLONIAL PAPERS.
1714.
March 9.
Virginia.
March 9.
Nevis.
stipulated by the first article etc. as No. 12 supra.
Signed, The mark of, Ouracoorass, Teerheer of Nottoway.
(Totem mark). Same endorsement. 4^ pp.
G03. iii. Treaty of Peace concluded by Lt. Governor Spots wood
and Tawheesocktra, Hoontkey of the Saponies,
Nehawroose in behalf of the Hoontkymyha of the
Shikanox Indians, Chawco in behalf of the Hoontky
of the Occoneechee Indians, and Mauseeuntkey,
Hoontky of the Tottero Indians. Williamsburgh, 27th
Feb., 1713. Whereas the several Nations of Indians
aforenamed have for some years past lived as Tributary s
to H.M. Government of Virginia and inhabited a small
tract of land on Maherine River, which now is encom-
pass'd by the English settlements etc., as the preamble
to preceding. Articles as (1) supra. (2) as supra, but
without clause as to the 12 boys. (3) and (4) as supra.
(5) as supra, the tract of land to be south of " James
River above the inhabitants." (6 11) as 6 11
preceding. Signed, The marks of Chawco (Totem Mark],
Mauseeuntky (Totem Mark), Tauheesoka (Totem Mark),
Nehaurooss (Totem Mark). Same endorsement. 4 pp.
[C.O. 5, 1316. Nos. 110, 110 i.-iii. ; and (without
enclosures) 5, 1364. pp. 45-57.]
604. Lt. Governor Spotswood to the Earl of Dartmouth.
Repeats part of preceding and refers to laws passed in the last
session. Signed, A. Spotswood. 3 pp. Printed, Va. Hist.
Soc. Coll. (Spotswood Papers) II. 63. Enclosed,
604. i. Minutes of Council of Virginia, Aug. 12 March 1st,
17if
604. ii. Minutes of Council in Assembly of Virginia, Nov. 6
Dec. 12, 1713.
604. iii. Journal of House of Burgesses of Virginia, Nov. 5
Dec. 12, 1713.
604. iv., v., vi. Duplicates of Nos. 603 i.-iii. [C.O. 5, 1341.
Nos. 20, 20 i.-vi.]
605. Lt. Governor Smith to [? the Earl of Dartmouth.] I
have the honour to receive your Lordship's letter of Oct. 19th
and was prepared to have given your Lordship an account of
occurrences here had any good opurtunity happened. The late
Generall Douglas thought fitt to leave his Government the 4th
Dec. last, when he embarq'ed for England. Before he went off
he sent me H.M. Instructions, and Seal of the Islands ; and orders
to take care of the Government of the Leward Islands till H.M.
pleasure should be known ; which I have accordingly done, only
the expectation of another Generall 's coming suddenly made me
delay visiting the other Islands 'till now that I intend to doe it,
so soon as H.M. ship that is to attend this Government is come
from Barbadoes. In November last Col. John Pearn arrived
from England, went from Antigua to Montseratt to take charge
of the government of that Island pursuant to H.M. Commission
AMERICA AND WEST INDIES. 313
1714.
to him ; but was obstructed by Capt. John Marshall who was
putt into that post in Aprill 1713 by the late Generall Douglas,
because of Coll. Pearn's absence ; upon which he came to me,
and I finding he had H.M. lycence for staying in England, and
came out againe with her Commission, writt to Mr. Marshall,
not to obstruct Mr. Pearn but deliver him the Government ; but
he peremptorily refused it ; and writt me, nothing should
displace him but a suspension in answer to which I did suspend
him in January last since which Mr. Pearn has had the govern-
ment of that Island, etc. March 13. By a letter I recieved
yesterday from our prisoners att Martinique, they complaine
they receive severe and barbarous usage from the French ; they
are not permitted to go out, but by two att a time and a soldier
with them, whose victualls they are obliged to pay for, and dare
not speak but with great caution otherwise they are insulted.
They are a great charge to this Island, my Lord, and expend
allso their own estates and youth in prison in time of peace ;
wherefore I beseech your Lordship's favour and compassion
towards them by laying their case before H.M. in Council!, when
an address from this island to H.M., which will be delivered your
Lordship by the agent for this Island, shall be layd before her,
that some means may be used for their speedy redemption.
Signed, Dan. Smith. Endorsed, Rd. 5 May. 1| pp. [(7.0.
184, 1. No. 29.]
March 9. 606. Council of Trade and Plantations to Lord Bolingbroke.
Whitehal. Reply to April 16th. We have discours'd Math some of the most
considerable Jamaica merchts. and planters here, in relation to
the keeping of Col. Handasyd's Regiment there, etc., and
considered what has been writ to us by Governor Lord A. Hamilton,
and humbly represent, that during the late war the Assembly
did in addition to H.M. pay, allow quarters to the private sentinels,
or 5s. per week to each man at the choice of such planters as were
to quarter them, and 20s. per week to the officers, and this was
done from year to year by temporary Acts ; in which the
Assembly have sometimes put such hardships upon the officers
that H.M. has thought fit to repeal some of them. Since the
Peace, the Assembly have passed another Act for subsisting the
said Regiment which consists but of 300 private men, besides
officers, to the 1st of May next, and no longer, and have declared
(as we are inform 'd, not having yet reced. the Journals of that
Assembly) that they will not continue it any further. And the
merchants and planters are all of opinion, that they will adhere
to that resolution ; in which case, it is not possible for the
Regiment to subsist there on Her Majesty's pay only. As to
the consequence of recalling the Regiment, we take leave to
represent, in concurrence with the opinion of the Governor and
of the merchants and planters here, that Jamaica being in a
manner surrounded by Spanish and French settlements, if there
is regular force there, it may be in danger from the attempts of
an enemy in case of any rupture hereafter. That there are a great
number of rebellious negroes in the mountains, who frequently
314 COLONIAL PAPERS.
1714.
do a great deal of mischief ; Besides the inhabitants are in great
apprehension of an insurrection of their own negroes, being about
40,000 in number, and very insolent, and not 3000 whites able to
bear arms in the Militia, so that if the regiment were absolutely
recalled, the Island wou'd be much less able to resist the said
negroes in case of an insurrection. To obviate therefore this
danger, the merchants and planters here, propose, that the corps
of the regiment be rccall'd, and the private sentinels left at liberty
to stay or return, the greatest part of whom they doubted not
wou'd remain there, and be by consequence inlisted in the
Militia. Upon which we take leave to observe, from what the
Governor has writ us, that the militia of that Island is too few,
and too much scatter'd for the defence of so large an Island,
even from their own negroes : that upon his viewing the said
militia, tho' but a regiment at a time, he was forc'd to send
a body of horse into those parishes from whence the foot were
drawn, so apprehensive were the planters of their negroes. We
further take leave to observe, that the fort at Port Royal (which
cost about 100, 0001.) is mounted with 120 guns, and so formidable,
that it has never yet been attempted by an enemy, and is
absolutely necessary for the security and defence by H.M. ships,
of the Island, and the trade thereof, in time of war : so that
we cannot think it proper or advisable for the reasons afore-
mention'd, that a fort of such consequence shou'd be left in the
custody of the Militia there. And therefore we humbly offer,
that two or three independent companies to be left there, will be
necessary even in time of peace, to guarrison the forts and to
keep other guards, for the safety of that Island and the Govern-
ment thereof. Autograph Signatures. 4f pp. [C.O. 137, 46.
No. 6 ; and 138, 14. pp. 88-91.]
[Mar. 11.] 607. Mrs. Fryday to the Council of Trade and Plantations.
Prays for representation on reprieve of her son, John Fryday,
which will expire June 18 (v. July 11, 1713). He is convicted
of clipping and lightening Spanish money in Jamaica, being
unwarily drawn into the committing of that fact from his ignor-
ance of the crime and the observation of its being commonly
practised in New England without the persons being accused or
thought guilty of a capital offence, etc. Signed, Frances Fryday.
Endorsed, Reed. Read March 11, 17{-. 1| pp. [C.O. 137, 10.
No. 44.]
March 12. 608. Council of Trade and Plantations to the Queen. In
Whitehal. obedience to your Majesty's Order in Council, we have reconsider'd
our representation of Feb. 21st, upon the petition of Thomas
Simpson etc., and the Act of Jamaica investing the estate of
Thomas Finch in trustees, etc., and have further consulted your
Majesty's Attorney and Solr. Genl. thereupon, and heard the
parties on both sides, etc. And upon the whole, we humbly
represent, that we find no reason to alter our former representation,
the facts therein contain'd appearing to us to be true, except,
that whereas we did then represent that by the laws of that Island
AMERICA AND WEST INDIES.
315
1714.
real estates were not subject to pay debts, we now find upon a
more strict enquiry, and confirm 'd to us by some of the most
considerable planters here, and not deny'd by those who appear'd
for the Act, that there is indeed no written law for it, but that
it has been the constant practice and usage in the said Island, and
therefore, for the reasons we humbly laid before your Majesty
by our said representation, we are still of opinon that the said
Act for vesting Finch's estate, etc., is unprecedented and unreason-
able, and that vour Majesty be graciously pleased to signify your
disallowance of the said Act. [C.O. 138, 14. pp. 92, 93.]
March 12. 609. Council of Trade and Plantations to the Queen.
Whitehal. Recommend John Fryday for H.M. pardon, upon the grounds
urged by Governor Lord A. Hamilton. 2 pp. [C.O. 137, 46.
No. 7 ; and 138, 14. pp. 94, 95.]
March 12. 610. Jeronimy Clifford to Mr. Popple. Enquires result of
Queen's Bench ln s letter Dec. 30, 1713, etc. Signed, Jer. Clifford. Endorsed,
Buildings. Recd 1Gth Mard^ p> eac j 14t h April, 1714. Addressed, p.
[C.O. 388, 76. No. 166.]
March 17. 611 . Col. Blakiston to Mr. Popple, (v. March 4). In reply to
letter inviting his suggestions, Proposes that the Adventurers in
Virginia be exempted for 21 years from paying any share H.M.
might retaine of the silver mines, the undertakeing being hazardous,
the country poor, and they not insisting that H.M. be put to any
charge, etc. Signed, N. Blakiston. Endorsed, Reed. 17th March,
Read 12th May, 1714. 1 p. [C.O. 5, 1316. No. 105 ; and 5,
1364. pp. 30, 31.]
March 18. 612. Lord Bolingbroke to the Council of Trade and Planta-
tions. You have herewith a copy of an address to H.M. from
the Councill and Assembly of Jamaica. The Queen has not
thought fit to give any answer to this address, but has ordered me
to transmit it to your Lops, for your consideration. And on this
occasion H.M. directs me to acquaint you that these disorders and
confusions in that country, and in other H.M. Islands and Colonys
in those parts seem to be come to so great a heighth, as to require
some speedy remedy to be applyed for putting an end to them.
Her Majesty has therefore determined to send some person into
those countrys with a Commission in the nature of that which
was given to Mr. Nicholson for the Northern Colonys. Wherefore
your Lops, will please immediately to take into your consideration
the present state of things in Jamaica, Barbadoes, the Leeward
Islands, and other H.M. Colonys in those parts in order to prepare
such Instructions as may be proper to be given to the said Com-
missioner, or to be sent to the respective Governments whither
he is to go. Not knowing whether your Lops, have had any
account of matters in Jamaica of the same kind as I have received,
I send you herewith an abstract of some occurrences in that
Island since the Government of the Lord Archibald Hamilton,
316 COLONIAL PAPERS.
1714.
which have lately come to my hands. Signed, Bolingbroke.
Endorsed, Reed. 18th, Read 19th March, 17}. 2 pp. Enclosed,
012. i. Address of the Council and Assembly of Jamaica to the
Queen, Dec. 24, 1713. Wee your Majesty's most
dutifull and loyal subjects etc., having nothing so near
our hearts as your Majestic 's safety and the welfare
of this Island (formerly esteemed none of your Majtie's.
least valuable jewels but) now likely to become the
meanest of all your Majtie's. Colonies in America, since
we have lost the benefits of vending dry goods the
manufactures of Great Britain, and the produce of your
Majtie's. northern Colonies as well as negroes to the
subjects of Spain in America by the Assiento lately
setled. Wee therefore humbly assure your Majesty
that if an exclusive Company for the trade to Africa
should prevail it must wholy discourage all persons from
coming to settle in this Island and put your Majtie's.
subjects now here upon thoughts of abandoning their
estates and removing to some other places where they
may labour for themselves and not for an exclusive
Company and by that means this your Majtie's. Island
may be left without any manner of defence, many years
experience under an African Company even before the
Assiento was in the hands of the English has shewn us
that if they should be re-established we must certainly
be ruined. And we are convinced by the enjoyment,
which we had of an open trade to Africa for some years
last past that this your Island may be relieved from
utter destruction if your Majtie's. subjects may have a
free trade to Africa as formerly. The many reasons
already made use of in Great Britain against such
exclusive trade are so full that we concieve there can
be nothing more added to them but our own fatal
experience which we have already mentioned. We
therefore humbly lay ourselves at your Majestie's feet,
and do implore your most sacred Majesty to reserve
this your Island from utter ruin by preventing an
exclusive trade to Africa wch. if again setled will perfectly
destroy this Colony. Signed-, Wm. Cockburn Cl. Cone.
Pe. Beckford, Speaker. Endorsed as preceding. Copy.
2% pp.
612. ii. Abstract of occurrences in Jamaica during Lord A.
Hamilton's Government, (a) Description of the opposi-
tion of Mr. Beckford (recommended by Lord Dartmouth)
and Totterdale and their adherents to the Governor and
Court party, (b) Remarks upon the whole. During the
whole time of my Lord Archibald Hamilton's Govern-
ment, he has scarcely obtained any request for the better
support and countenance of his own authority, for
the gratification or encouragement of his friends nor
. releif to any complaint made to him by the Assembly,
merchants or seafaring men. Those persons who have
AMERICA AND WEST INDIES. 317
1714.
faithfully and zealously served H.M. in the Island,
to his Lop's, entire satisfaction, have either there or in
Britain, been put to a great deal of trouble and charge
by some vexatious proceedings of the factions or their
emissaries. Those persons whom his Lop. has com-
plained of, have been so far from receiving a reprimand,
that they have met with countenance. Some of those
very persons who now disturb the Government of
Jamaica, have always attempted the same under
former Governors successively, from the time of Sir
Willm. Beeston, and have been complained of by them,
but through the support those Governors have had
from the Crown, and Ministry, their faction has been
kept from the height they are now arrived at. The
authority of the Governor is now so low, and the pro-
ceedings of this Assembly such, that there is a general
terror in the minds of most of the inhabitants, and
persons concerned in that Island, of greater misfortune
likely to be the consequences of them. The characters
of the principal actors in these affairs, are such, as
might give everybody who know them, apprehensions
from their management, and make them doubt if the
Government can be safe, when the regiment is recalled,
and no soldier there in pay under the Governor's
command. The whole endorsed as preceding. 18 pp.
[C.O. 137, 10. Nos. 45, 45 i., ii. ; and (without enclosures)
138, 14. pp. 95-97.]
March 19. 613. Council of Trade and Plantations to Capt. Gookin,
Whitehall. Depty. Governor of Pensylvania. Enclose Orders of Council,
Feb. 20, confirming and repealing laws. " And that you may be
informed of the reason for repealing the said Laws, we send you
here inclosed a copy of Mr. Solicitor General's report," etc.
[C.O. 5, 1292. p. 416.]
[Mar. 19.] 614. Remarks on the present state of the English setlements
in Newfoundland [by Capt. Taverner]. The Admirals appointed
by the Newfoundland Act to decide differences in relation to
fishing rooms, etc., have intirely neglected it in all its parts ;
indeed at their first arrival they claim their prerogative as per
said Act, as farr as it suits with their own interest and no farther,
except a particular friend of theirs should arrive with a fishing
ship, in such case shoud the ships fishing rooms of that harbour
be taken up before he arrives they often disposses some planter
or other for him, pretending that his title is not good to the
room he possesses, when the Commanders of men of warr some
years before adjudged it to be the sd. planters' right. These
things are often done and several of the inhabitants' fishing
voyages ruin'd thereby. It's common that what is done one
year in relation to fishing rooms is contradicted the next, so that
the fishing rooms are not setled to this very day, many times those
Admirals never were in the land before nor know anything of the
318 COLONIAL PAPERS.
1714.
matter ; in which case some old West country master, commonly
takes care that the sd. Admiral shall do nothing but what he
pleases, those are the patrons that are commonly called kings
in that country, who sacrifice other people's interest frequently,
to serve their own. The Admirals are some of the first men
that cut down the roofes of their stages, cook-rooms and fleaks,
which paves the way for the inhabitants to follow their exemple,
who in ye winter season generaly carry away all the remainder ;
it's certain the Admirals are seldom or never at leisure, to hear
any complaints whatsoever, except one of their favorites is the
plaintiff. Ships from Lisbon and other forraign parts frequently
fish in the land without clearing out from any Custom-house in
England according to the Act, nay several fish yearly which
never were in England, and yet are Admirals, when they arrived
the first in port in Newfoundland, which our ships from England
qualifyed according to ye Act have seldom or never taken any
notice of, and I am satisfied none of the Admirals ever made a
representation of this to Government as directed by the present
Act. Besides those ships aforementioned carry great quantitys
of wine and brandy, to Newfoundland, which is very destructive
to that trade, as per exemple, those ships can carry nothing to
Newfoundland from those parts but wine, brandy, salt, sugar
and oyle. When salt is scarce, they generally use this method ;
when the planter comes to buy a certain quantity of salt, yes
says the ships master you may have it, but you mus 
