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C A LEND AH
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TAN. 1710 JULY, 1717,
(A I /,/.
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/v
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EDITED BY
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CONTENTS,
PAGE
PREFACE v -
CORRIGENDA Ixviii.
CALENDAR
GENERAL INDEX - 365
(v.)
PREFACE,
1
GENERAL.
Secretaries After the failure of the Jacobite Rebellion was
assured, Mr. Stanhope accompanied the King to Hanover
(July, 1716). Negotiations were there begun with the
Regent Orleans, and were concluded in the following
January by the signing of a Triple Alliance between
Great Britain, France, and Holland. It guaranteed those
clauses of the Treaty of Utrecht which referred to the
Protestant Succession in England, the French Succession,
and the renunciation by the Spanish King of his claims
on the French throne. This compact, and a defensive
alliance with Austria, involved the antagonism of Spain,
which issued in the war of 1718. In 1717 Charles XII of
Sweden, having formed an alliance with Spain, joined with
Alberoni in a projected invasion of Scotland on behalf of
the Pretender. The plot was discovered in England and
averted. In Stanhope's absence the conduct of colonial
affairs was entrusted to Paul Methuen. Lord Townshend
remained at the head of the Ministry at home, whilst the
Prince of Wales acted as " Guardian of the Realm and
Lieutenant " (263, 265, etc.). Townshend's opposition
to the foreign policy of the King and Stanhope, combined
with his championship of the claims of the Prince of
Wales as Regent, and his resistance to the demands of
greedy German courtiers, led to his dismissal. In
announcing the safe return of the King (January, 1717),
Methuen informed the Governors of the Plantations that
Stanhope had been appointed Secretary of State for
the Northern Provinces, whilst he himself succeeded to
the direction of the affairs of the Southern Province
(454). Three months later, when Walpole and Town-
shend passed into opposition, Stanhope succeeded the
Wt. 26355. C.P. 6.
VI. PREFACE.
former as Chancellor of the Exchequer. Sunderland
took his place as Secretary of State for the Northern
Province, and Addison succeeded Methuen (535, 536).
^^ e f amous Whig writer had already served for over
a year as a Commissioner for Trade and Plantations,
long enough, that is, to make him well acquainted with
the problems of the Colonies, and also with the working
of the office of the Council of Trade (2). It will be seen
that, as the result of that experience, he lent a ready ear,
as Secretary of State, to suggestions from that Board.
One of his first steps was to direct the Board to remind
Governors once more of their Instructions to transmit
regular accounts of the Revenue in the Plantations
(646, 662).
Addison had been Chief Secretary of Ireland in 1708,
and Secretary to the Lords Justices on the accession
of George I. There is a traditional story that when he
was promoted to the latter office, this accomplished and
versatile essayist and pamphleteer found himself quite
incapable of composing a letter to the King without the
assistance of a clerk. The routine of each office has, of
course, as Macaulay observed " some little mysteries
which the dullest man may learn with a little attention,
and which the greatest man cannot possibly know by
intuition."* On such points Addison might well require
some prompting. But with his experience of previous
offices, and the knowledge drawn from over a year's work
at the Board of Trade, a man of Addison' s literary ability
cannot now at any rate have needed any clerk at his elbow
to help him in drawing up a State Paper. Certainly the
documents here printed, many of them written in his
own hand, exhibit just that lucidity and simplicity and
that easy adoption of appropriate official directness,
without any attempt at literary ornament, which one
would naturally expect from such a master of style. The
wit and humour of the Spectator would be as out of place
in the dispatches of a Secretary of State as the eloquence
of Cato. Instead we find simple and straightforward
statements of policy and facts with no trace of fastidious-
ness.
* Life and Writings of Addison. Cf. Spence, Anecdotes, p. 175.
PREFACE. Vil.
Congratuia- ^11 these events and changes had their repercussions
tions on p T
failure of over-seas. Loyal addresses came from Jamaica and the
the '15
Leeward Islands, from Carolina, New England, New
York, New Jersey and Virginia, congratulating the King
on the failure of the Jacobite Rebellion, the success of his
foreign policy, and his safe return (97 i., 118 x.-xii., xiv.,
165 i., 192, 192 ii., iv., v., 203 iv., v., 589, 607, 626). The
" Friends of Popery and arbitrary power " were de-
nounced (118 xii.), and the Ministers of New England,
assembled in their annual convention at Boston, with
Cotton Mather for Moderator, expressed their " detesta-
tion of the late new hellish plot." They acknowledged
the " King's goodness and justice to the Protestant dis-
senters," and hailed him as the " light of the Morning
and the breath of their nostrils " (589). Associations in
support of the Crown and the Government against " the
horrid and detestable conspiracy of Papists " had been
formed in Jamaica (27 i., 203 iii., iv.), and New York
(133, 133 ii.).
Rebel Pris- ^ large number of the rebels who had been taken
oners trans-
ported to the prisoners at Preston were transported to the Plantations.
Directions were given by the Secretary of State to the
several Governors for securing them on their arrival and
seeing that they were disposed of as indented labourers,
bound to serve their masters for seven years, according
to the terms of their pardon (128, 129, 144, 145). The
Council of Jamaica particularly requested that some of
these prisoners should be sent thither immediately (203 i.).
They were sent to Virginia, Maryland, South Carolina,
St. Kitts and Jamaica. Lists of these prisoners, num-
bering 639 in all, are given (309-314). Some, on arriving
in Maryland, refused to indent or ran away from their
masters, and a Proclamation had to be issued by the
Governor for their arrest (543, 543 i., ii.). One or two
favoured individuals, after being assigned as indented
servants to Lord Carteret, were immediately granted
their liberty and recommended to the friendly offices of
the Governor of South Carolina (202, 215, 222, 223).
servants Everywhere the problem of increasing the white
population by means of the import of indentured labour
was coming to the fore (651 etc.). Joshua Gee represented
Vlll. PREFACE.
that the supply of white servants had decreased of late
owing to an abuse of the Statutes for preventing persons
being sent beyond seas without licence. The abuse of
kidnapping or " spiriting away " to the Plantations of
persons to be sold as indentured servants is well-known.
But Gee reveals a trick by which merchants and shippers
were being prosecuted for transporting genuine unem-
ployed servants who wished to go to the Colonies, and
were thus being prevented, by fear of falling into the
hands of rogues, from " assisting thousands of people
that are industriously inclined." He proposed that
persons transporting servants directly to the Plantations
should be exempted from prosecution under those
statutes, and that " six governors of Bridewell or the
Workhouse " should be empowered to sign warrants
for the exportation of youthful pickpockets (505).
Petitions in It will be noticed that petitions to the King began now
to be written in French. The Hanoverian King could
not speak English, and his Secretary, the Robethon to
whom Walpole so strongly objected, was a Frenchman
(544 i.).
Relations The French continued their fortification of Cape
with the *
French. Breton and their fishing along the coast of Nova Scotia
(51, 154). On the mainland they were pressing forward
with the new colony of Louisiana, and their extension from
Quebec down the Mississippi to Mobile " on the back of
all the most valuable British Plantations " continued 'to
excite apprehension, particularly in Carolina, where they
were suspected of having stirred up several of the Indian
nations to take part in the war (230). The Governor of
New York once more urged the Assembly to take measures
for defence " against the evil day to come," in view of
" the vast preparations in France for settlements behind
you along the Messasipi and the neighbourhood of a very
considerable garrison and sea-port at Cape Breton"
(192 iv.).
Effect of the Q n the other hand the effect of the alliance with France
New
Alliance, was soon felt. When a revolt broke out in Martinique
Martinique, as the result of an attempt by the new Governor to
collect arrears of taxes, orders were sent to British
Governors, at the request of the Regent Orleans, that
PREFACE.
IX.
they should not only prevent any assistance being given
to the rebels but should even " pursue sueh further
methods for discountenancing and discouraging the revolt,
as may be consistent with your authority, and without
prejudice to His Majesty's service " (640, 677). The
new alliance was also expected to put an end to French
interference with British trade with the Spaniards, of
which bitter complaints had come from Jamaica, for the
French were now prohibited from trading to the Spanish
Dominions in America (572). A similar prohibition was
extended to the commerce of French settlements with
those of any other nation. British vessels, suspected of
trading at Martinique, were seized by the new Governor
General, a proceeding which provoked a protest from the
Governor of the Leeward Islands (568, 568 i.-iv.).
trade* 8 - ^he prohibition of trade between the French and
hibited by English Plantations was in accordance with the Treaty
of Neutrality of 1686. The Governor of Barbados had
declared himself at a loss in the matter, not finding any
law to forbid such trade. When Archibald Cumings,
the Custom House Officer at Boston, drew attention to
the large importations of Dutch, French, and Danish
sugar, rum, and molasses into that port, the Council of
Trade enquired of the Commissioners of Customs whether
there was any such law (297, 389, 486, 486 i.). Being
assured that there was not, they then raised the question
whether the Treaty of Neutrality was still regarded as
being in force (393, 463). They were instructed that
it was, and ordered to remind the Governors of Plantations
that it was their duty to prevent such illegal trade in
accordance with the 5th and 6th Articles of that Treaty
(524, 571).
Mr. Cumings, in his above-mentioned report, made
Mr
two proposals, the adoption of which at a later date was
destined to have very far-reaching results. Observing
that imports from foreign Plantations into New England
paid no duty, whilst the products of the British Sugar
Islands (except Jamaica) were handicapped by the 4|
per cent, export duty, he suggested that foreign com-
modities should pay an import duty of that amount. A
revenue of 1,000 a year might thus be raised (297) for
X. PREFACE.
defraying the expenses of the Civil Establishment, and
this revenue might be increased by setting up a Stamp
A tax on Office (297, 486). He submitted a return of imports from
foreign im- 1 _ _ . .
ports and a foreign plantations. Cumings was commended lor his
accounts and suggestions, and invited to continue them,
whilst the Council of Trade, on taking the matter into
consideration, presently requested a return of foreign
imports and exports for the last three years from the
Governor of New England (486 i., 578, 579).
Resumption Cumings urged the resumption of the Charter Govern-
of Charter -, . .
Governments ments as being " all enemies to the prerogative and
opposed to the Admiralty Courts. All officers appointed
by the Crown were looked upon as a burden and im-
position upon them, and it was only in the Admiralty
Courts that the revenue officers could expect justice in
putting the acts of trade in execution. The act relating
to wool in the Plantations required amending on this
point. As for Providence Plantation in Rhode Island
Government, " no notice was taken of the Sabbath, but
employed in revelling " (297, 486).
All this, be it observed, was written in 1716 and 1717.
It shows how long those seeds had lain in the ground
which came to fruition half a century later.
The wool Cumings' complaint with regard to the Act to prevent
the exportation of wool, etc. was, that the Courts of
Common Law denied the jurisdiction of the Admiralty
Courts in the recovery of forfeitures under that act,
which prohibited the exportation of wool or woollen goods
manufactured in the Plantations. But the Attorney
Jur i f ( the ion General, on being consulted by the Council of Trade,
Admiralty upheld the action of the colonial Courts of Common Law
de'Sed 8 . as being in accordance with the provisions of the Act
(297, 390, 399).
Govem r As to the Proprietary Governments, whilst the in-
ments. habitants of South Carolina were again and again urging
the resumption of their Charter to the Crown (v. 2),
vested interests had brought their influence to bear
upon the Committee appointed by Parliament to prepare
a bill to resume the grants of Proprietary Governments.
Ste P nen Gaudin, therefore, writing as a British mer-
chant, with whom, " as with all lovers of their country,
frEEFACE. xi.
the improvement of the Navigation and encouragement
of the manufactures of Great Britain " weighed most
heavily, offered as the strongest reason for such action,
" the unequal taxes laid upon the manufactures, trade,
and shipping of Great Britain." British merchants, he
complained, were treated by Proprietary Governments
as foreigners in their own Colonies. This was an infringe-
ment of their Charters, and unless they were forfeited,
" they may truely be termed Independents of the Crown
and Laws of Great Britain, as is often asserted in those
Assemblys" (285).
Relations with Spain were less happy than with France.
The Fleet of homeward-bound galleons was wrecked off
Vera Cruz in the Gulf of Florida (27 i., 308). Vessels
were immediately fitted out from Jamaica and other
Colonies to fish upon the sunken wrecks for the vast
treasure they contained. Some of these vessels sailed
under commissions for the suppression of pirates, and
being heavily armed, proceeded themselves to commit
Piracies and acts of piracy upon the Spaniards on the coast of Florida
TS? and Cuba (158, 158 i.-vii., ix., 175 i., 203, 240, 240 i.-iii.,
Spaniards. 3^ ^ 3Q8 ^ -^ 357 ^ 4 Qg ^ - ^ 4Q9 ^ ^ ^
Jamaica). These acts, however, were represented as
being to some extent reprisals for the great losses caused
by the seizure of British vessels by the Spaniards (203,
357 (h), 359 i., 677). Spanish ships, whether with or
without commissions as guarda costas, had for some time
been seizing British vessels passing on their lawful
occasions, either on the grounds that they were attempting
to trade with the Spanish settlements, or on the pretext
that they had on board some Spanish coins, which were,
of course, the current money of the Plantations. No
satisfaction could be obtained when restitution was
demanded, until, towards the end of 1716, a new Governor
of Havana promised redress (27 i., 118, 203, 240, 308,
308 i., 339, 339 ii., 357 (h), 409 i., 595, 595 iv.). About
the same time the Spanish Ambassador presented to
the Secretary of State a memorial demanding the with-
drawal of the British from the Laguna de Terminos,
which they frequented for the purpose of cutting and
exporting logwood. Their right to do so in that and
Xll.
PREFACE.
Seizure of
Logwood
cutters by
the
Spaniards.
Spaniards
and Indians
at St.
Augustine.
Seizure of
Virginian
privateer.
Increase of
pirates.
other places not occupied in the Province of Yucatan
had long been upheld, and by " right sufferance or indul-
gence " seemed clearly established by the Treaties of
1670 and 1713. Spain now declared that unless they
withdrew within eight months from that time they would
be treated as pirates (388 i.). But within a month of
the presentation of this memorial, a Spanish squadron
acting under the orders of the Viceroy of Mexico, sailed
into the Bay of Campeachy and seized twenty-four
ships and sloops (five of them Dutch) which were loading
or about to load logwood in the harbour of Triste (del
Carmen). This port and the Laguna de Terminos the
Spaniards proceeded to settle and fortify. The British
masters of ships, after protesting against being treated as
pirates and asserting that they had lawful clearances,
demanded the release of their ships and goods, but were
only granted a pass for themselves and crews in a small
ship (Nov., 1716). Their account of the affair was
placed before the Secretary of State (484 i.-x., 546, 570),
together with other complaints against the Spaniards
(429, 429 i.-vi.). For the Carolinians complained bitterly
that both the Spaniards at St. Augustine and the French
had not only stirred up the Yamassee Indians to attack
the British and provided them with arms, but also
protected them when they sought refuge in Florida, and
refused to deliver up the prisoners, slaves and cattle
brought in by rebel Indians. This, it was urged, was a
direct breach of the first article of the Treaty of Utrecht
(239 iii., 413, 413 i., iv., 601). The Spanish Governor,
however, denied the sale of arms to the Indians, and as
for protecting refugees, he regarded them as Spanish
subjects returning to their old allegiance to the
Catholic King (545 i.).
But perhaps the most high-handed action was the
seizure upon the high seas by a Spanish man-of-war
of the Virginian privateer commissioned by Lt.-Governor
Spotswood to investigate the settlement of pirates" in
the Bahamas (595, 595 i.-iv., v. infra, p. xv.) Apart
from the piratical or semi-piratical activities of privateers,
whether British, Spanish, French or French with Spanish
commissions (95), the increase of pirates in the West
PREFACE. xiii.
Indies had become a grave problem (308, 518, 518 i.-v.,
595, 595 iv., 596, 661). The losses of the merchant
service were severe, and the dislocation of trade no
less so. Trading vessels could not leave Jamaica and
the other islands without convoy. The Governor of the
Leeward Islands was prevented from visiting the various
parts of his government for lack of a man-of-war of
sufficient strength to face the pirates who hovered off
his coasts and Barbados. The American coast from
Florida to New England was similarly infested (66 i., 68,
118, 118 ii., 203, 213, 224, 240, 240 i.-iii., 267, 308, 308
i.-iv., 350, 352, 359 i., 411, 411 i., 419, 425, 425 i.-iii.,
v., 476, 484, 526, 527, 546, 548, 568, 570, 595, 595 i.-iv.,
629, 658 iv., 661, 666, 677, 690). Some of these gentry,
indeed, professed not to attack British vessels, but to
confine their attention to foreigners (240, 240 i., ii., 635).
Others for the most part stood in little fear of the King's
ships on the West Indian stations, which were often
partially disabled for lack of men or by foul bottoms.
The Governor of Barbados, indeed, reported that the
King's ships were commonly confined to harbour for
two-thirds of the year owing to sickness, death and
desertion of their seamen. Their Captains could not
compete with the merchant service in obtaining recruits,
nor were they permitted by the late act to press mariners
in the West Indies. Lowther therefore proposed that
they should be given " a legal regulated power " for
impressing in emergencies (661). In spite of these
A H i S!is y nan dicaps, however, Scarborough, reinforced by a detach-
Scarborough. ment of soldiers from the regiment in the Leeward Islands,
succeeded in bringing some of the pirates to book in the
harbour of Sta. Cruz (411, 425, 425 i., iii., v., 484, 568,
595, 661). But he had only been able to sail after
the Governor and his friends had put up a purse to
help him to engage sufficient seamen to navigate his
ship. The attention of the Admiralty was called to the
. demands for an increase in the strength of guardships
Admiralty (203, 411, 474, 484, 568, 595). The Council of Trade was
' informed of the dispatch of men-of-war, and of the
instructions issued to their Commanders to co-operate
with Governors in the quest and destruction of pirates
XIV.
fEEFACE.
(489). None the less, the Captain of H.M.S. Swift, when
asked to cruise against pirates, had informed the Governor
of Jamaica that he dared not stir without orders from
home (411).
A description of the chief haunts of the pirates, their
rendezvous characters, nationalities, and some of their brutalities, is
Bahamas, given by the acting Governor of Jamaica (411, 411 i.).
Their principal place of rendezvous was in the Bahamas.
Fortifying Harbour Island, they proposed to make it a
second Madagascar (240 i., 595, 677). Here came such
notorious pirates as Hornigold, Stillwell, Barrow, Jenings,
Fernandez, Burgiss, White, and Thatch, either to settle
or to divide their booty, whilst Ham chose Beef Island
for his headquarters. They terrorised the inhabitants of
Providence Island, Barrow and Hornigold proclaiming
themselves Governors of the place and protectors of
pirates (240, 240 i., iii., 425, 425 i., iii., v., 595, 596, 635,
639 i.). Captain Thomas Walker and many of the in-
habitants were forced to leave Providence (240 i., iii.,
596, 635). The number of the pirates was increased by
those Jamaican privateersmen who, having committed
acts of piracy against the French and Spaniards, fled
thither when proceedings were begun against them (203,
240, 240 i., 359 i., 408 iii., 411).
Samuel Bellamy commanded a ship of 26 guns, a
Bristol merchantman which he had captured off the
Bahamas when homeward bound from Jamaica. He had
also a sloop of 14 guns, a force too great for the " small
bauble " of a guardship at the Leeward Islands to
tackle. After visiting the Virgin Islands, he was cast
away off Cape Cod. Only two out of a crew of 120 were
saved. The Madeira wine found on board a ship they
had just taken proved their undoing. Bellamy had
taken all the crew, with the exception of one man and a
boy, out of the prize, and put seven of the pirates on board.
But, according to the story told in Boston, " the pirates
in both vessells regaled themselves so liberally with
madera that they all got drunk and ran their own
vessel on shoar " at Nossetts Bay. The man and boy
on board the captured ship, seeing the seven men drunk
and asleep on deck, seized the opportunity to run the
Bellamy's
fate.
PREFACE. XV.
vessel ashore. The seven pirates were secured and
taken prisoners to Boston (425 in., 484, 5(58, 595 i., 629,
639 i., 666, 677).
Trials of Governors were much exercised by the problem of what
Pirates. t -,
was to be done with these " rovers when captured, for
their Commissions for trying them under the Act for the
more effectual suppression of pirates, had expired. Revival
of the Act was suggested (411, 661, 677, 678, 690).
Hunter plainly declared that a New York jury was
unlikely to convict, " be the evidence ever so plain and
clear " (690). Writing from Virginia, Colonel Spotswood
urged the dispatch of a sufficient force to protect the
trade and dislodge the pirates from the Bahamas, and
also the offer of pardon to those who should make their
submission (240, 595). He himself, as holding a Com-
mission of Vice- Admiralty for the Bahamas, on receiving
information of the state of those islands, commissioned
a sloop to sail thither and make enquiries as to the
strength and designs of the pirates who were congregating
there (240, 240 i.-iii. ). This sloop was seized by a Spanish
man-of-war off Bermuda, its goods sold and its crew
made prisoners without trial and without any attention
being paid to the instructions and credentials of its
commander (595, 595 i.-iv.).
An affray in A commission issued to a privateer in South Carolina
led to a clash between the Governor and Colonel Rhett,
Surveyor-General of Customs, and the Commander of
H.M.S. Shoreham over the contents of a prize, the Lt.-
Governor firing at Captain Howard, a Lieutenant offering
to shoot the Governor, and Col. Rhett and other officials
giving a remarkable display of rough manners and
language (267, 268, 273).
Report upon i n December, 1716, the Council of Trade was corn-
measures for p T i j T_
suppressing manded to consider the best course for dislodging the
pirates from the island of Providence. In the following
February they answered by referring to their former
representations and the need of settling the Bahamas.
The problem of dislodging the pirates was rather one for
the Admiralty (408, 408 i.-iii., 418). In February they
again called the attention of the Secretary of State to the
reports of the settlements of pirates in the Bahamas and
XVI.
PREFACE.
Proclama-
tion of
pardon.
Naval
Stores.
Proposal for
encouraging.
Certificates
of quality.
Board of
Trade
Report.
Virgin Islands (473). Mr. Addison presently repeated
Methuen's demand for a report from them upon what
measures should be taken for suppressing pirates in the
West Indies, moved thereto by a petition from the
merchants of Bristol (587, 587 i.). The Board, after
consulting with the merchants (v. Journal, 31st May,
1717), recommended the immediate despatch of a
sufficient naval force, and that Governors of Plantations
should be empowered to issue Proclamations granting a
general pardon to all pirates who should surrender before
a given date (596). A Proclamation to this effect was
ordered to be drawn up (649).
The encouragement of the production and export of
Naval Stores continued to be the subject of anxious
consideration (19). Many interviews at the Board of
Trade are recorded in the Journal. Merchants trading
to New England proposed that the import duty on timber
should be removed, ships be convoyed, and seamen
engaged in this traffic be exempt from pressing (21). A
bounty on imported timber was also suggested (487).
Another proposal was that hemp seed should be dis-
tributed gratis and taxes in New England be payable in
tar (22, 472, 510 i.). On behalf of South Carolina it was
suggested that all naval stores should be admitted duty
free, and that the importer should be allowed a bounty
(488). For Virginia, the payment of quit-rents in naval
stores was proposed, and the prompt payment of the
premiums allowed, which should be extended for twenty
years (506, 507).
Certificates as to the excellence of New England masts
were submitted, in one case of a ship named the
Lusitania ; and of New England iron and Carolina tar
(14, 17, 18, 26, 33, 478, 487, 508 i.). Bounties upon
Plantation hemp and iron were also suggested (505,
508 i.).
In January, 1717, a report upon the whole subject was
called for. Accounts of imports were collected (23, 459,
460, 461 i., ii., 464 i.-iv., 465, 487), and after considering
the views of the merchants, Colonial agents, and the
Navy Board, who objected to the payment of the pre-
miums by the Navy, the Board of Trade presented a
PREFACE. XV11.
comprehensive survey of the problem on 28th March
(515 i., iii.). Their recommendations followed in general
the suggestions indicated above, and included the
granting of a premium on imported tar and cast iron.
They concluded by proposing that the several Assemblies
should be recommended to take steps for the encourage-
ment of these industries.
V Woods f ^ n ^ e meantime, complaints continued as to the waste
in H.M. woods in New England of masts fit for the Navy
and their export to Spain and Portugal (19 i., 33).
Mr. Bridger Mr. Bridger, Surveyor-General of the Woods, proposed
r ' an amendment of the Act for the preservation of pine
trees so as to cover the waste of young trees (510 i.).
His commission had been renewed, but a stop had been
put to his salary through the intervention of the Ad-
miralty, which represented his office as being a useless
expense to the Navy. At the same time, however, they
recommended that the Governor of New England should
stop the waste of woods (13 i., ii.). The Council of
Trade pointed out the weakness of this suggestion and
emphasised the necessity of a Surveyor-General, and
Bridger' s fitness for the office (33). Their representation
had its effect, and the Secretary of State, in announcing
his re-appointment to the Governors of New England,
New York and Virginia, reminded them that it was their
duty to support him in the execution of his office (436,
436 i.).
Settlement The production of Naval Stores was one of the induce-
ments offered by the disbanded officers and soldiers when
they renewed their application for a grant of lands for
settlement between Nova Scotia and Maine. They
estimated the cost of settling such a Colony at about
30,000 and proposed to repay this sum, if advanced by
the Crown, in Naval Stores (485 i., 495). Subsequently
they offered to transport themselves at their own ex-
pense (528). They admitted that this region lying be-
tween the St. Croix and Maine, had been included in the
charter of New England, with a reservation to the Crown
of the right of granting lands. But they argued that by
the surrender of Pemaquid to the French, its reconquest
by the British in 1710, and the neglect of Massachusetts
XViii. PREFACE.
to rebuild that fort, their right had lapsed to the Crown
(509).
Claim of ^he Massachusetts Government, however, asserted its
ehusetts to claim to the tract between Penobscot, Sagadehoc and
Between Kennebec rivers, and demanded that in any grants of
Pen an b d scot land in the Eastern P art of New England, it should be
Kennebec expressly reserved to the proprietors (412, 576, 583, 584,
other claims 593). Other claims were advanced by the Duchess of
"forpSST Hamilton, on behalf of the Duke (594), Sir Bibye Lake
(591), and Col. William Partridge. The request of the
latter for permission to make a settlement, and for the
confirmation of a purchase of lands made by him was
regarded with favour by the Massachusetts Government.
It was granted, on the conditions proposed by the Board
of Trade, providing for the reservation of mast-trees for
the Navy, forbidding the export of naval stores to foreign
parts, and requiring the completion of the settlement
within a stated time (249, 249 i., 286, 291, 291 i.-ix.,
301-303, 305, 340, 592). These claims were answered
by Capt. Thomas Coram (599), who had previously
supported the scheme of the disbanded soldiers, and
Capt. now submitted a proposal on behalf of himself and the
Coram 's pro- .
posaifor Marquis de Wignacourt, and other French gentlemen.
Twelve hundred families, it was represented^ were ready
to sail as soon as a patent should be granted, and to found
a colony between Nova Scotia and Maine to be called
" the Royall province of Georgeia." The patent was to
be vested in trustees, one of whom, the Earl of Berkeley,
was to be the Governor. He was to nominate a Patentee
as Lt. -Governor, who with the rest of the Court of Paten-
tees, was to form the Council. The Assembly was to be
annually chosen by freeholders and other inhabitants
(567, 577, 582). The opinion of the Solicitor-General
was invited as to what were the rights of the Crown in
the lands in question (600). The scheme, it will be
noticed, as well as the name bears a close resemblance
to the subsequent foundation of Georgia in which
Coram was associated with Oglethorpe.
Patent The Council of Trade continued their endeavours to
grants of secure the proper execution of patent offices (123). But
the system of deputies grew in spite of them. Leave of
PREFACE.
absence was freely granted to the patentees (59, 191,
307), and offices were bestowed in reversion and for two
lives (168, 189).
GoV flTT r * ^ ne Governor of the Leeward Islands complained that
the Admiralty had issued orders forbidding the hoisting
a Governor's flag when on board H.M. ships. Apart from
his dignity as Governor in Chief and Vice-Admiral, he
represented that the flag was of service as a warning of
the Governor's approach to the several islands under his
administration. The Admiralty, however, refused to
withdraw their prohibition (541, 638, 641).
New Com- Some important new Commissioners were appointed
Til 1 SHI Ollftl*J?l
for Trade to the Board of Trade in January, 1716, and in July, 1717,
tationn. when Thomas Pelham, Daniel Pulteney, and Martin
Bladen succeeded Sir Jacob Astley, John Cokburne, and
Joseph Addison (2, 647).
Scrutiny of ^ n indication of the close scrutiny to which the acts
Acts and ?
Sessional and sessional papers of the several Colonies were subjected
is given by the instructions issued to Governors that all
such papers should be abstracted in the margins (177).
M petitK>n le S ^e insecurity which the intrusion of politics into the
Civil Service brought to its officers, is demonstrated by
the petition of William Popple. As a reward for his
services as Secretary of the Board of Trade, he asked for a
grant of a plantation which formed part of the quarter of
St. Kitts recently won from the French. Among his
merits he mentions his staunch adhesion to the cause of
the Protestant Succession, a devotion which had nearly
cost him his place. For when the Jacobite coup d'etat
was being prepared, just before the death of Queen Anne,
his place had actually been offered to another. The
Council of Trade in supporting his petition gave their
Secretary a strong testimonial. He prides himself upon
having resisted the temptation of receiving voluntary
gratuities, and having contented himself with the bare
income of his salary (236 i., 266). His son, Alured
Fo Ure ie Popple, was appointed a junior Clerk in the Office in
March, 1717, and William Byrd in June (v. Journal,
March 22, June 5).
XX. PREFACE.
2
THE AMERICAN COLONIES.
south Governor Craven having returned from S. Carolina,
Carolina.
Governor he was promptly called upon to account to the Secretary
of State for the property of the Marquis de Navarres,
taken by a pirate and alleged to have been detained by
him (34, 34 i., ii., 40, 41, 53, 56, 208, 304, cf. C.S.P.,
1715).
Robert Robert Johnson, son of Sir Nathaniel Johnson, was
Johnson . - , IT- i T
appointed, appointed to succeed mm, and his appointment was
approved by the Crown (372, 414, 500).
The Assemb- ^he Assembly, after congratulating the King on the
ly request > '
protection of failure of the rising of the 'Fifteen, again petitioned that
the colony should be taken under the immediate protec-
tion of the Crown (97 i.). On the eve of his departure
Craven declared that the clouds, which had threatened the
destruction of their land, had blown away. The position
had, indeed, improved. For peace had been made with
the Cherokees, who after being nearly persuaded to join
the Creeks and Yamassees, had finally decided to keep
to their engagement, and had fallen upon the members of
those tribes who were in their towns and massacred them
(97, 239 iii., 287). But the Carolinians remained at
war with fifteen other nations, whilst the French at
Mobile and the Spaniards at St. Augustine continued to
arm and incite the Creeks and Yamassees against them
(97, 230, 239 iii., 413, 413 i.-iv., 545 i., .!).
Causes of But as to the general causes of the Indian war, Lt.-
war. Governor Spotswood makes the significant comment
that " the Indians have rarely broken with the English,
except when they have received some notorious injury "
from traders, etc. (146) ; and again, " It is a very general
observation, both here and in the neighbouring Provinces,
that no murders or hostilitys have ever been committed
by the Indians except where the English have given the
first provocation " (522).
Reply of The Assembly therefore continued to insist upon the
Assembly to . *
Lords necessity of men and money being sent to their relief,
and hastened to express their dissent from the optimistic
statement of Governor Eden, giving their reasons (239 ii.,
PREFACE.
Xx.
Board of
Trade
iii.). At the same time they answered in detail the state-
ments made to the Council of Trade by the Lords Pro-
prietors, who, they declared, had given them no assistance
and were, indeed, " the sole bar " to their relief (239 L,
C.S.P., 1715, Nos. 516 i., 517). They again repeated
their request to be taken under the protection of the
Crown (239 iii.). These papers make it clear that the
resumption of Carolina to the Crown was not due to
the initiative of the Board of Trade and Plantations,
as is frequently stated, but to the repeated and urgent
demands of the people of Carolina.
^ n P ursuance of these petitions of the Assembly, their
agents Messrs. Boone & Beresford (with the former of
whom the Lords Proprietors had fallen foul) emphasised
Resources of the importance of South Carolina both as producing
commodities " suitable and necessary to the occasions
of Great Britain," and as constituting a South Western
frontier against the French, Spaniards and Indians. They
also submitted a return of the imports and exports of the
Colony (71, 226, 226 i., 230, 284, 407). In another
memorial they presented a survey of the state of the
province, its importance, possibilities, and valuation,
as well as the cost of the war.
Incidentally they urged the re-settlement of the
Bahama Islands. The Board of Trade examined them on
these points, and obtained returns of exports of skins and
furs from Carolina and Virginia (207, 210, 211, 219-221,
229, 230, 230 i., 259, 413 i.-v., cf. Journal, 28th June,
1 7 1 6 ) The Board tnen asked the Lords Proprietors for an
account of the state of the Province and of what steps,
if any, they had taken for its security (245). Their
reply was in the optimistic vein of Craven's speech, to
whom they referred the Board. They added that they
had spent several hundred pounds on some arms and
ammunition, which had been sent out (239 ii., 287, 597).
But in August and November, 1716, the Assembly
re ported that the war still continued, and that they were
the Assemb- threatened with a new eruption of Indian tribes, which
had already committed outrages in the neighbourhood of
Port Royal. They complained that Virginian Indian
traders as well as the French and Spaniards were
Wt. 26355. C.P. c.
LorT s e p r o f
XX11. PREFACE.
supplying their enemies with munitions of war, and stated
that they had only 1,400 Englishmen capable of bearing
arms to resist many thousands of Indians. They asked
permission to attack those enemy Indians who had taken
refuge at St. Augustine and were there protected by the
Spaniards. A shipload of prisoners from Preston had,
indeed, arrived to swell their man power, and the
Cherokees had compelled the Cuttabas and some other
small nations near to them to make peace. But the cost
of the war and devastation and abandonment of planta-
tions were bringing the Colony to the verge of ruin.
Once more they besought the intervention of the Crown,
disclaiming the imputation of the Lords Proprietors that
such a demand was made by a mere faction (128, 407,
407 i., 413, 413 i.-v., 462, 517, 601). In January, 1717,
the Lt. -Governor and Council again appealed to the Lords
Proprietors for succour, representing the situation as
critical (456), and a further petition from the inhabitants
to the King for men was referred in April. The Board of
Trade repeated their enquiries to the Lords Proprietors,
who once more declared that the war was over and mini-
mised the seriousness of the danger (544, 544 i., 569,
597, 601). Lord Carteret's statement in this sense
appears in the Journal (31st May). But throughout
the Spring frontier raids were reported, and Charlestown
was said to be on the verge of starvation. The Creeks,
however, were making overtures for peace. But as they
were mortal foes of the Cherokees, it was a nice problem
how far it would be possible to keep friendship with both,
whilst " assisting them in cutting one another's throats "
(462, 517, 541, 542, 601). But shortly afterwards it was
announced that the Senecas or Mohawks were about to
join the Creeks and, in conjunction with the French
Indians, to attack the Cherokees and Cuttabas, and
that the Creeks had deferred their negotiations for peace
(601). About the same time the case for the resumption
of the Colony to the Crown as prepared by the agents
was offered for the consideration of Parliament (557).
Grants of ^s soon as they heard that the Cherokees were about to
Yamassee *
lands. make peace, the Lords Proprietors, hoping that the
Yamassee Indians would soon be driven out and
PREFACE.
XX111.
Margravate
of Azilia.
Relations
with
Virginia.
North
Carolina.
Lords Pro-
prietors and
sale of lands,
etc.
dispersed, withdrew the prohibition on the settlement of
their lands between the Cambahee and Savannah rivers
which had hitherto been reserves for the exclusive use of
the Indians, so that they might form a buffer between the
white settlers and hostile Indians to the South under
Spanish influence. They stated the terms on which
these lands might be granted, and the Assembly presently
passed an act to encourage the settlement of the Yamassee
lands (72, 413 i.). Later on, the Lords Proprietors
granted " all that tract of land between the rivers
Allatamaha and Savannah " to Sir Robert Montgomery
for the establishment of a new province, independent of
South Carolina, to be known as the Margravate of Azilia
(608, 609). In response to the representations of the
Assembly, who objected to the Chief Justice being on
the Council and having in his gift the office of Provost
Marshall, Nicholas Trott was deprived of his powers
(73).
Apart from their complaints against the Virginian
Indian traders for supplying arms to the Indians (413,
413 i.-iv., 462, etc.), the Carolinians displayed an intense
jealousy of the Virginians. It was even suggested that
their policy was to " have us in a continual war with
our Southern Indians that they may have the whole
trade with the Northern " (413 ii.). This suggestion
was based on Lt. -Governor Spotswood's endeavour to
make peace with the Northern Indians. The aid rendered
to Carolina by the Virginians was belittled, and the terms
on which their troops had been sent were represented
as onerous (413, 413 i.-iii.). They began to negotiate
over the fulfilment of their contract (97), whilst Spots-
wood appealed to the Board of Trade to compel " that
Government to keep their publick faith " (165, 545).
This the Board urged the Lords Proprietors to insist
upon (319, 619. See also 1, Pirates).
The Governors of Virginia and North Carolina arrived
at an agreement for the settlement of the disputed boun-
dary, which was approved by the Lords Proprietors and
awaited the assent of the Crown (45, 45 i., 186, 452 i.).
On receiving the recently revised acts of the Province,
the Lords Proprietors expressed their strong resentment
XXIV. PREFACE.
at the interference of the Council and Assembly by an
act relating to the sale of lands and payment of quit-
rents. They insisted that the purchase money for lands
should be paid in sterling or equivalent produce, instead
of in Province bills as that act provided, and that tenants
must be held to payment of their quit-rents. They
forbade any further sale of lands in North Carolina.
All future sales were to be conducted at the Board in
Creation of a London. Assent was given to the creation of a seaport
Bath. at Bath. By this development the North Carolina
planters would acquire a much needed port from which
to ship their tobacco crops direct to England. It was a
vital necessity for the prosperity of North Carolina. For
without it, seeing that Virginia prohibited the importa-
tion of tobacco from that province, the North Carolina
planters were entirely at the mercy of New England
shippers (293, 294).
mffcWn? ^ ne g ran t f a patent for a diving machine is men-
tioned (124).
Maryland. From Maryland a petition to the Guardian of the
Lord Proprietor is recorded, praying for the repeal of
two acts directed against the Roman Catholic inhabitants,
one excluding them from election to the Magistracy or
Assembly, and the other prohibiting the exercise of their
religion (444, 445, and see 1, Transported prisoners}.
New Bug- Joseph Dudley accepted his retirement from the govern-
Appointment ment of New England with a graceful gesture, returning
oi $hut cr thanks for the appointment of his son-in-law, Mr.
Dummer, as Lt.-Governor, and welcoming that of Gover-
nor Shute who took the place of the recently appointed
Elizeus Burges (126, 127, 391).
Command of j n ^} ie new Governor's Instructions an alteration was
Rhode Is- .
land Militia, made in the long standing clause which gave him, in
general terms, the power of commanding the Militia of
Rhode Island. That colony had protested against being
deprived of the command of their own Militia, which
was vested in the Governor and Company by their
Charter. The Attorney-General upheld their right, and
the alteration now introduced restricted the power of the
Governor of New England to times of war or imminent
danger only (112, 131 i., 139, 149, 149 i., 157). Another
PREFACE.
XXV.
Instructions
concerning
Oaths.
Custom
House Offi-
cers' fees.
Lighthouse
Act.
Shute's
Report.
Lt.-Gov.
Vaughan.
Dispute as
to powers of
Lt. -Gover-
nor.
change in the Instructions was in the clause relating to
the taking and administering of oaths, so as to include
the oath mentioned in the recent Act for the further
security of His Majesty's person (199, 200, 270).
On the occasion of an act of Massachusetts stating the
fees of Custom House officers, Mr. Cumings drew atten-
tion to the discrepancy between them and those of New
York, and suggested that a general scale of fees for all
such officers in the several colonies should be fixed at
home (297, 297 i.-iii.). This suggestion was approved
by the Commissioners of Customs (389, 393).
Captain Coram entered a protest against the Act for
building a lighthouse on the coast, as laying a tax upon
British shipping, and failing to provide for pilots (172,
cf. Journal, June 15). Colonel Shute announced that he
had " found all things quiet " on his arrival, and that
the Indians whom he met at Piscataqua in January,
1717, were very well disposed (482). George Vaughan,
however, his Lieutenant Governor in New Hampshire,
was not so well satisfied. In the first place he was sur-
prised and disgusted to find that the paper of suggestions
which he had put before the Board whilst in England,
and which he thought " very conducive to ye belief itt
of this country," had aroused much ill-feeling in that
Colony (316, cf. C.S.P., 1714-15. No. 389 i.). Then,
" after having governed this little Province a year with
all the serenity imaginable," he reports that " civil and
intestine broils " had commenced in New Hampshire.
These, he said, so far as he was concerned, were due to
Governor Shute's reception of the recommendation by
the Council and Assembly of their Lt. -Governor for some
office of profit. Shute apparently regarded this as an
attempt on their part to dictate the choice of their Lt.-
Governor, and after asking whether they expected to be
treated like Charter Governments, replied to their
recommendation by docking Vaughan of customary
perquisites and powers. The tension between the Gover-
nor and Lt.-Governor was increased by the claim put
forward by Vaughan that during the former's absence from
the Province, the Lt.-Governor was empowered by Shute's
Commission to act with the full powers of a Governor.
XXVI.
PREFACE.
Fast on
occasion of
drought in
New Eng-
land.
New York
Association.
The
Assembly.
Act for
resuming
extravagant
grants pro-
posed.
Shute, on the contrary, would not allow that the Lt.-
Governor had any independent power by virtue of
the King's Commission, so long as the Governor was
present in any part of America. Accordingly he gave
orders that no public instrument should be issued in the
Lt. -Governor's name, as Vaughan found when he tried
to alter the wording of a proclamation of a General Fast
on account of a drought in New England. Vaughan
very reasonably protested that he was thus left without
power to take any action in any emergency, however
desperate or urgent, " which is not Latin per my
grammar." He applied for leave to return home in order
to represent these and other grievances (658, 658 i.-iv.).
In New York whilst the majority of the inhabitants
welcomed, as we have seen, the accession of King George,
and joined the Association formed by Governor Hunter
on receipt of the news of the 'Fifteen (133, 133 ii., 192,
192 iv., v., 626), bills of indictment found by the Grand
Jury indicate the activities of some of the minority
(133, 133 iii., iv.).
After the storms of the preceding years, Hunter had
piloted the State into smoother waters. When the
Assembly met in June, 1716, he was able to announce
that he could look forward to " nothing but what is
dutiful and fair in their sessions " (192). In the autumn
he assured the Board that the Province was grateful
for the interest and care shown by them in dealing with
the Naturalisation Act of 1715, and that the New
Assembly, the best he had seen there, would pass another
act not liable to the objections raised to the former one
(96, 348). In writing to the Governor in March, 1716,
the Board informed him that decisions upon his proposals
concerning the erection of a new fort, presents to the
Indians, and an increase of soldiers etc., had been delayed
by the disorder arising from the Rebellion (86, 95, 96).
In reply to his report upon the lack of lands for new
settlers, they suggested that another act for resuming
past extravagant grants of land might have the effect
of releasing the desired territory (96). Hunter answered
that such an act was not likely to be carried in the
Assembly.
PREFACE.
XXV11.
Hunter's
Fort.
Samuel
Mulford.
Conference
with the
Five
Nations.
Governor
Hunter's
Leave of
Absence.
The
Palatines.
He forwarded a map of the country about the great
Lakes, to explain his proposed erection of a fort " at
the great carrying place or Fort Nicholson." This
would prepare the way for building another " at the
entry of the Lakes " (348).
Opposition to Hunter's policy in this and other matters
Avas voiced chiefly by Samuel Mulford, whom he represents
as one who was always " agin the Government " (348,
348 i.). Mulford had been prosecuted and bound over
for printing and publishing a libellous and seditious
speech delivered by him in the Assembly. He set up as
the champion of Long Island and the country districts,
which, he maintained, were under-represented in the
Assembly. He had himself an axe to grind in the matter
of the Crown rights in the whale fishery, as the Governor
was claiming a royalty on each whale killed. Mulford
went to England in order to air this grievance (348), and
on arrival presented his petitions (348, 605, 686, 686 i.-
iii.).
In June, 1717, Hunter held a conference with the Five
Nations at Albany, when he induced them to make
amends for having attacked one of the tribes of Indians
which had been at war with Carolina, but had just
concluded peace (133, 565, 690, 690 i.) This was done
at the instance of Lt-Governor Spotswood, who also
proposed that the Five Nations should send deputies
to Virginia to renew the covenants made in 1685. But,
though Hunter pressed them to do so, the Five Nations
refused to treat anywhere but at Albany. Hunter then
advised Lt.-Governor Spotswood to send deputies to
Albany for that purpose (133, 565, 690, 690 i.-viii. ;
and Spotswood Papers II., 257).
In response to an application on his behalf, Hunter was
granted leave of absence to attend to his private affairs
in England, but he did not at present feel justified in
availing himself of it (353, 353 i., 469, 690). He answered
an enquiry as to the reason for the failure of the trees
prepared to produce pitch and tar, by attributing it to
the " unruly and unskilful multitude " of Palatines who
had disobeyed their instructions for tapping them. After
his disappointing experience with them, he was not
xxvm.
PREFACE .
Hunter's
claim laid
before
Charles
Delafaye.
inclined to advise a renewal of the project, at least
until they could be instructed by some person skilled in
the methods used in Norway and Sweden (96, 348). He
was more concerned with recovering the large expense to
which he had been committed on their behalf. Papers
relating to them were laid before Parliament (110,
117), and, though for the reason above stated Hunter
Parliament. was no f. n i mse }f a bi e to attend, his claim for payment was
submitted to the House by his friends (383, 548). On
the other hand, his enemies were hoping that it would
prove his ruin (634 i.), and candidates were suggested as
successors in his Government. The sister and brother-
in-law of Charles Delafaye, the capable Secretary of the
Lords Justices, urged their " dear Bro." to obtain it
for himself, representing, no doubt with imaginations
fired by lively expectations of favours to come, that
Hunter had made a fortune, and that the government
with its perquisites was worth many thousands a year.
They paint the Governor's lot in colours so bright that
Hunter would scarcely have recognised it, though his
own hopes for the future were high (405, 405 i., 469, 561,
642). Hunter was a man of literary tastes and the friend
of men of letters of the day. Ambrose Philips, " a good
Whig and middling poet " as Macaulay dubs him, whose
insipid pastorals gave rise to the term " namby-pamby,"
acted for him as Agent in the troublesome affairs of New
Jersey (176 i., 523, 580, 634).
The Council of Trade insisted upon the necessity of
appointing Agents not only to solicit the affairs of both
Provinces, but also to watch the progress and pay the
fees of private acts and Councillors' warrants (103,
121).
The attitude of New York juries towards pirates is
mentioned in 1.
A list of' ships trading to New York from the year
1705 to 1716 is indicated (470).
An agitation had been begun for separating the govern-
ment of New York from that of New Jersey. This was
the work of Daniel Coxe, and followed on the passing of
an act in Lt.-Governor Ingoldsby's time for better quali-
fying Representatives, which aimed at excluding residents
Ambrose
Philips.
and for
required.
New York
Juries and
Pirates.
Trading
Ships.
York.
PREFACE. Xxix.
in New York from exercising the share in the govern-
ment of New Jersey to which their estates entitled them.
Hunter, who writes in no measured terms of the violent
partisanship of Coxe, asked for the repeal of this act, as
well as that for explaining an act for the support of H.M.
Government, also passed by Ingoldsby. The demand for
a separate government he dismissed as merely a device
for causing trouble (135, 565, 634 i.). But it is significant
^^ *^ e idea of uniting the Jerseys with Pennsylvania,
mooted, if that province were resumed to the Crown, was mooted
% the Quaker party (138 i.). The Quakers, who spoke
highly of Hunter's efforts for moderation and good
government, were firm supporters of his government
(135, 138, 138 i., ii.), whilst Coxe and his party were
closely identified with the traditions of Lord Cornbury
and the efforts of the Jacobite and High Church party,
especially in the Western Division (135, 138, 138 i., ii.,
585, 624). There Coxe, after being dismissed from the
Council, had got himself elected to the Assembly, in
which he was chosen Speaker. He started an agitation
for the non-payment of taxes and the exclusion of the
Quakers from serving on juries in criminal cases. The
refusal to pay taxes was based on the view that the acts
of the last Assembly, which continued for over three
years, were void by reason of the Triennial act. The
exclusion of Quakers was based on the Act of 1st George I.,
of !jfcTqut which was said to repeal the New Jersey Act allowing
them to qualify by affirmation. Coxe, Basse, and their
quested? friends proceeded to indict the Chief Justice, David
Jamison, and Lewis Morris, the President of the Council,
and Thomas Gordon, the Attorney-General, for directing
the qualification of Quakers for a Grand Jury, on their
interpretation of that act. In order to spike their
guns, Hunter begged for the speedy confirmation of the
new Act for the solemn affirmation of Quakers (135,
Assembly at 135 i., ii., 195 i.). In the new Assembly a majority
Perth adverse to Hunter had been returned, by means, as he
Amboy. *
says, " of false suggestions, fraudulent conveyances and
the rum bottle." He promptly dissolved it, and a second
election proved rather more favourable to the Govern-
ment, the Quakers carrying the County of Burlington
XXX. PREFACE.
against Coxe. They met at Perth Amboy. The right
of the Governor to summon them to meet there was at
once challenged. Coxe having tried in vain to dissuade
the members of the Western Division from coming to
Amboy, succeeded in carrying an Address for the removal
of the Assembly to Burlington. The Act passed under
Ingoldsby and confirmed by the Crown had fixed all
sessions at Burlington. But by Hunter's Instructions
the holding of alternate sessions there and at Perth
Amboy had been restored, following the arrangement
made at the surrender of the Government by the Proprie-
tors. Hunter, who knew that Burlington was a hot-bed
of the Opposition, declared that he should abide by his
Instructions, and that the appointing the time and
place of sessions of Assemblies was an undisputed prero-
gative of the Crown (135). This attempt by Coxe's
party to make Burlington the sole meeting place of the
Assembly indicates not only a survival of the division
between East and West Jersey, but also that it was the
centre of the extreme Anglican party. Under the leader-
ship of Coxe and the Rev. John Talbot, they hoped to
see that place the seat of a Colonial Bishop (176). Finding
expelled mmseu unable to carry his points, Coxe and some of
his friends absented themselves from the Assembly.
The House, being reduced to twelve members, requested
the Governor to order them to attend. Some obeyed,
and a quorum was formed, a new Speaker elected, and
the Serjeant-at-arms was instructed to compel the
attendance of the absent members. When it was found
that they had fled to Pennsylvania, they were expelled
from the House, and writs issued for new elections to
fill their places. The Assembly thus constituted ad-
dressed the Governor, praising his continued justice and
moderation, and promising to vote a handsome support
for the Government. Hunter was now able to look for-
ward to a period when the Province would be "as easy
and happy as " New York. The power of Coxe and
Talbot, and " the skulking disaffected few " who had
sought refuge at Bristol, was rapidly dwindling, though
Flight of they talked of appealing to the House of Commons
Coxe and his
friends. (176, 176 i., 192, 192 i., iii., 195). Their flight from New
PREFACE. XXXI.
Jersey, Hunter explained, was to avoid arrest, which had
been ordered " on information that he and his emissaries
were carrying papers privately round the Provinces for
subscriptions." Coxe and his friend Mr. Bustall then
sailed for England to make their complaint there. Hunter
suggested that before they were listened to, both Coxe and
Mr. Sonmans, who had also escaped from justice, should
first be sent back to be tried in New Jersey (349, 690).
The lines of Coxe's intrigues, and the hopes on which
they were founded, are indicated by two letters of his and
Mr. Bustall's which were intercepted by Hunter (392 i.,
634 i.). In the absence of this " Boute-feu," Hunter
looked forward to a good session when the Assembly met.
Indeed, the defeat of the Cornbury party was complete.
The places of the absent members were filled by new
elections, and formed a house in favour of Hunter and
The bl the Proprietary party. It was now the turn of Burling-
meetsat ton for the meeting of the Assembly. But small-pox
was raging there, and Hunter shrank from calling another
session at Amboy. He therefore summoned them to
meet at Chesterfield. It was fortunate that he did so.
The Burling- For Mr. Talbot revealed the existence of what Hunter
ton Plot.
describes as "a most hellish contrivance," a plot to
create a riot against the Quakers there, and to burn down
their meeting house and dwelling houses. Talbot then
made his submission to the Governor, and represented
that he had done good service to the Government by
preventing the outbreak (469, 523, 580 i., ii., 585 v.,
vii., 675 xii.-xiv.).
Quiet Having eliminated Coxe and his supporters, Hunter
was at length able to report (January, 1717), that New
Jersey, which " a year ago was the most tumultuous "
was now " the most quiet and satisfied of His Majesty's
Provinces " (469). The New Assembly made good its
promises, and Hunter returning to New York in February,
Acts passed, could look back upon " a very happy sessions." Acts
were passed for repealing the act for ascertaining the
place of the Assembly (at Burlington), and to enforce
the payment of taxes (349, 469, 523, 585 iii.). 2,000 were
voted for the support of the Government and the payment
of the outstanding bills for the Canada Expedition (585,
xxxii. PREFACE.
j \ jg u a f ew wee k s later Hunter received the
against petition of the " several traders and inhabitants and
Reply to the Proprietors of New Jersey," in which Coxe embodied
on ' his complaints against the Governor. He immediately
sailed for New Jersey to communicate these charges to
the Council. The Council dismissed them as for the most
part false in fact, whilst those which had any colour of
truth arose out of actions justified by the need for pre-
serving the public peace (585, 588 i.). Hunter himself
replied in detail, and, claiming that he had shown these
accusations to be " false and infamous," asked for a
public declaration of the opinion of the Council of Trade
upon the whole matter. The petition, he averred, was
signed only by insignificant persons, many of whom, as
their depositions showed, were tricked into signing it.
Not content with this reply, he carried the war into the
enemy's camp. Whilst expressing his dislike of " excul-
pation by recrimination " he plainly stated that if the
Province was not in arms and rebellion, it was not the
fault of Coxe and his friends, who during the last year of
Queen Anne had " rung the peal of the Church in danger
louder than ever it had been rung in England." He
offered evidence of Coxe's close connection with the
Jacobite rebellion, and of the mischievous dealings of
some of his party with the Indians, which the Govern-
ment had succeeded in counteracting (469, 469 iii.-vi.,
588 i., 674, 675 i.-lxiii., 690).
Nova Scotia. At the request of the Board of Trade, Governor Vetch
Governor .
Vetch's presented another report upon the lortitication, fishery,
eport. an( j ur ^ rac i e o -f Nova Scotia (51 ). In spite of the pressure
French ' r ,
inhabitants, put upon them to move to Cape Breton, the French
inhabitants were anxious to remain on their plantations,
though their loyalty might be doubtful (51, 154, 615).
Hardships of Incidentally, Vetch drew attention once more to the
the Garrison. . , ,
hardships endured by the garrison, who were left without
pay, clothing, or provisions, whilst the temptation to
desert was heightened by the good wages obtainable in
the* neighbouring Colonies (43, 51, 62, 63). Letters
from Lt. -Governor Caulfield emphasised their wretched
condition (154, 154 i.). In reply to enquiries by the
Board of Trade the Secretary at War stated in March,
PREFACE. XXX111.
1716, that no orders had been issued since last August
for providing their subsistence, owing to the want of
regular muster-rolls. Steps, however, were being taken
to deal with the situation (35, 57, 60, 64, 75, 75 i.). The
dispatch of provisions was ordered and accounts de-
Report of manded from the Lt.-Governor (185). Shortly afterwards
of Aocmmt*. the Comptrollers of the accounts of the Army presented a
report upon the whole question (615). They proposed
amongst other things, that the Commodore of the New-
foundland Convoy should visit Annapolis Royal and be
commissioned to examine the state of the garrison and
their accounts and complaints. To prevent desertion
to New England ships, it was suggested that the Governor
of New England should issue a proclamation restraining
the inhabitants from harbouring deserters. Turning to
the question of the settlement of Nova Scotia, the Com-
missioners, acknowledging the assistance of the Board of
Trade, recommended the development of the fishery and
that care should be taken "to make and keep it absolutely
dependent upon Great Britain, and not to suffer it to be
annexed to New England," as had been proposed (C.S.P.,
1714-15, No. 416 i.). The reason advanced is notable,
" For by the manufactures and other improvements
lately made at New England, they not only consume
much less of the products of Great Britain than they
did formerly, but have taken away great part of the
profits of the fishing trade from us, and become dayly
less dependent upon Great Britain, to which a watchful
eye should always be had not only in regard to New
Need of port England but all the other Plantations." They pointed
protection, out that the Fishery needed for its protection a good port
and naval force. They therefore proposed that instead of
the large and expensive garrison at Annapolis Royal,
which was too far up the river to afford protection to
the Fishery, a small fort should be erected at Placentia
and smaller ones built and garrisoned at the entrance
to the British river and at Chebucto. They proposed
that an Engineer should be sent to choose sites for such
forts, and that a survey of the timber suitable for masts,
ships' timber, and naval stores should be made by the
Admiralty. Till these steps were completed, they were of
XXXIV.
PREFACE.
John Doucet
succeeds
Lt.-Gov.
Pennsylvania.
ceeds Lt.-
"'
The Three
Counties.
Sutherland.
opinion that the present garrison must be maintained, in
order to secure the country against recapture by the
French. A sufficient encouragement for a resident
Governor of Nova Scotia was desirable, in order that he
might win over the French and Indian inhabitants to be
loyal subjects of the Crown, and thus direct their fur trade
into British channels and lead to the firm settlement of
the country without the expense of sending British settlers
thither. Lastly, they recommended that all such distant
garrisons should be relieved every two or three years
(615).
Lt.-Governor Caulfield having died in March, 1717,
John Doucet was appointed to succeed him (496, 586).
In Pennsylvania Lt.-Governor Gookin had come to
loggerheads with the Quakers and Assembly over matters
not indicated here. 1 Governor Hunter reported that
he was going home as Daniel Coxe's " Ambassador "
(^ *) William Keith was appointed by the Penn
family to succeed him, and the approbation of the Crown
was solicited. This was granted upon condition that
good security should be given for his observance of the
Acts of Trade and Navigation, and that William Penn
should renew his declaration that such approbation should
not be construed as diminishing the claim of the Crown
to the Three Lower Counties (337, 337 i., 338, 356, 360,
381, 428, 430). Keith had formerly succeeded Robert
Quary as Survey or- General of Customs in America, but
had been superceded after the death of Queen Anne.
He had been recommended by Logan and other members
of the Council of Pennsylvania and " a considerable
body of the people called Quakers," to the trustees of
William Penn (344). His appointment was fervently
welcomed (630 i.).
Whilst the declaration of William Penn concerning the
Three Lower Counties was thus being renewed, a petition
was presented to the King by the Earl of Sutherland for
a g ran t o f those lands on Delaware Bay in lieu of a large
sum of money said to be due to him since the Revolution.
He declared himself ready to prove the right of the Crown
1 v. Votes of Assembly of Pennsylvania, and the Penn -Logan Correspond-
ence (Pa. Hist. Soo.), used hy Osgood, H.L. American Colonies in the XVJIIth,
Century, pp. 286-9, 530,
PREFACE. XXXV.
to these Three Lower Counties, and, in referring his peti-
tion to the consideration of the Council of Trade, Stanhope
mentioned that the King was favourably inclined to his
Lordship's request (434, 434 i.). The Law Officers of
the Crown were consulted (434 ii., 514). As soon as it
was known that this petition had been lodged, the
Representatives of the Three Lower Counties protested
strongly in an address to the Lt.-Governor against being
separated from Penn's proprietary jurisdiction, with
whose interests their own were identified (620, 620 i.,
Protest by 621). A similar protest came, through Joshua Gee,
Naval stores from the Naval Stores Company of Bristol, which had
or X! ny ' recently purchased of Penn 3,120 acres in the county of-
Kent for the purpose of raising hemp. Encouraged by
the bounties offered by recent acts, this. Quaker Company
had already expended a considerable sum on that project.
Gee explained that whilst the inhabitants were contented
with the present administration, they would be well
satisfied also if the surrender of the Government to the
Crown were completed, " knowing the tender regard
H.M. has for all his subjects immediately under the Crown,
of which Barbados and the other islands are testimonies."
But if a new Proprietor were introduced, it would
" frighten away great part of the present inhabitants,
who came there purely to enjoy liberty of conscience
under a Governor of their own persuasion." He men-
iron mines tioned the great quantities of iron mines there, and the
and bounty.
hope of encouragement from the Government for the
erection of iron works (505, 552, 552 i.).
Virginia. in May, 1716, Lt.-Governor Spotswood announced that
across the a passage had been discovered through the mountains,
discovered. " which have always been looked upon as unpassable "
(146). It is this exploration of the Blue Ridge which
marks Spotswood as the pioneer in the Westward move-
ment. It was a necessary step in the development of
his policy of defence, and of pushing a trade with the
Indians beyond, as a countermove to the French advance
from the North-west. This policy was bound up with
Spotswood the Virginian Indian Company which he had sponsored.
indTan Com- At the beginning of this period he was able to report
P any Act. ^^ ^ mos considerable nation of the Tributary Indians
XXXVI. PREFACE.
was settling on the frontier about the fort he had built
at Christanna, which was to be maintained by the
Indian Company, and where all the Indian trade of the
Colony was to be concentrated and carried on by it.
The Indians were being encouraged to permit their
Education children to be educated in the Christian religion, for which
children, purpose Spotswood had provided a schoolmaster at his
own expense, who had already had one hundred Indian
children under his tuition (45). In reply, the Council of
Trade commended his care for the education of the Indian
children, but expressed their dissent from his policy of
keeping the Friend Indians away from the British
settlements. For they knew " by experience that the
French living amongst the Indians and intermarrying
with them has been one great reason of the Canadian
and Eastern Indians adhering so steadily to the interest
of the French." They commended him for the aid he
had rendered to South Carolina, but reprimanded him
for the tone of his Speech to the Assembly, as being
calculated to cause exasperation, even supposing it
were merited (186). Spotswood' s reply is enlightening.
Spotswood jj e p a i n ted in dark colours the treatment meted out to
on inter-
course with the Indians by the settlers on the frontier (cf. 1), and
insisted on the advantage of regulating intercourse
between them. This advantage had already been de-
monstrated. For, apart from establishing control over
the supply of arms and ammunition to the Indians,
it had caused a cessation of Indian outrages on the
frontier settlements. As to intermarriage, he knew
of no instance of it, and drew the correct inference that
the racial instinct of the British was against it (146,
522).
objections Objections to this act for the better regulating the Indian
better regu- Trade were, of course, entered by the traders in England
Indian trade, and Virginia whose hands were tied by it (143, 179,
179 ii., 242, 258, 413, 533). Spirited replies to them were
made by Spotswood and the Council (146, 146 i., 166, 206,
SS1SLS* 241, 522, 530, 530 i., 540). The arguments of both
sides were fully discussed before the Commissioners
of Trade in July, 1716, who decided to leave the act
probationary whilst awaiting a further reply from
PREFACE. XXXV11.
Spotswood (v. Journal, 10th July). But in forwarding to
him the papers on the subject, the Board censured the
Lt.-Governor for not having followed his instructions
and having passed an act of this kind without a suspensory
clause until H.M. pleasure should be known (318).
After further representations from the merchants, the
Act was referred to the Law Officers in the following
Indian Spring. The Solicitor-General reported that it was
Trade act.
Repeal, contrary to law in several particulars, and that the
chief part of it, which excluded persons not of the Com-
pany from trading, was contrary to several Acts of Parlia-
ment which preserved the right of British subjects to
trade to the Plantations. The Act was accordingly
repealed. But in recommending this course, the Board
of Trade admitted the necessity of regulating the Indian
trade. They therefore proposed that the Governor should
be instructed to submit the question to the Assembly,
and also to recommend that the Indian Company should
be reimbursed for such expenses as they should appear
to have been at for the public benefit (559, 610, 625,
687, cf. Journal, 10th May, 1717, etc.). They also
proposed, on the occasion of reporting upon this act and
Additional that JOT preventing frauds in tobacco payments, that in
forauspen- view of several acts having been passed by Governors
s m acts 86 " that have either restrained the trade or laid burthens
u P on the shipping of British subjects, which do im-
and mediately take place and are in force before your Majesty's
pleasure is known," that an additional Instruction
should be prepared for all Governors " that they do not
pass any Act which may any ways affect the trade or
shipping of this Kingdom, without a clause declaring
that the said acts shall not be in force until they be
approved and confirmed by your Majesty " (625).
This Instruction was approved by the King in Council,
July 31, 1717 (687).
Act for Very careful consideration was given to the Act for
preventing r\
frauds in preventing frauds in tobacco payments. Opposition to it
ments. ay was strong. It was objected that the quality of tobacco
exported had not been improved by it, as had been
promised, and that it gave excessive powers to the
Governor (179 i., 533, 660 i., and Journal, May 8 and 15).
Wt. 26356. C.P. d.
XXXVlii. PREFACE.
The Solicitor-General reported adversely upon it. For
it introduced innovations of so striking a character that,
according to the Governor's Instructions, it ought not
to have been passed by him without first consulting the
Home Government, or without a suspensory clause.
The Council of Trade concurred, and the act was repealed
(559, 603, 606, 610, 625, 687).
tcrfbeTfor The body of Laws, which had been transcribed, was
printing. now sen t home to be printed (165, 452 i., 559, 603, 606).
Act concern- i -, f*f* n
ing foreign Attention was then called to an act passed in Ioo3 con-
>t8 ' cerning foreign debts. It was represented that its purport
was to bar creditors in Great Britain from recovering
debts due to them from emigrants, unless they had
brought to the Colony property equivalent to the value
of such debts. The act was described as notoriously
unjust, unfair to Great Britain and infamous to Virginia,
and it was stated that it had recently been pleaded
" in bar of very just actions " (140-142, 534).
Accounts of Spotswood pursued his policy of reform in the collec-
quit-rents 111
and revenue, tion of quit-rents and the keeping ot accounts so as to
control returns. He found that in the Offices of the
Deputy Auditor and Receiver General no detailed ac-
counts of receipts were kept, and therefore it was im-
possible for the Council and Assembly to audit the
revenue. There was no satisfactory account of escheats,
fines, forfeitures or sales of Crown lands. Spotswood
therefore gladly took advantage of orders from the Council
of Trade for a statement of the revenue and the laying
of accounts before the Assembly, and called for a report
from the Deputy Auditor and Receiver-General. These
innovations increased the hostility of Philip Ludwell,
the Deputy Auditor, who was one of the leaders of the
political opposition. This party, " which set up as
patriots" an interesting anticipation of a future nomen-
Th . e . clature and whose stock in trade was opposition to the
Lt.-Governor, accused him of stretching the prerogative
of the Crown in the matter of the new act for enforcing
payment of quit-rents. " They envy His Majesty the
profits of his own revenues " Spotswood declares, " and
look upon all persons not born in the country as foreigners,
and seem to allow no jurisdiction but what is established
PREFACE. XXXix.
by laws of their own making." There were, added
Spots wood, " few persons of figure " in this party.
But it is an interesting indication of the growth of a
significant political sentiment among the native born
(171).
S of 8 phSu n Spotswood suspended Ludwell from his office of Deputy
Ludweii. Auditor for fraud and mismanagement of the Revenue,
and would have liked to suspend him from the Council
too, for his malignant opposition. But the new Instruc-
tion, by which a majority of the Council was required for
the suspension of a Councillor, rendered such a step
impossible. For as there were no fewer than seven
of Ludwell's relatives in the Council, it was hopeless to
expect to get a majority to consent to his suspension or
that of any of his kindred. Spots wood protested
against this transference of power to the Council (171,
171 i.-iv., vi.-xi., 240, 545, 550, 590, 590 i., ii., 646, 662).
Council's This preponderance of Councillors who were members
claim to bo
sole judges, of one influential family of planters figured in Spotswood's
dispute with the Council over their claim to be sole
judges in cases of Oyer and Terminer. He explained
that when there were so many members of the Council
who were related, it was essential that he should have
the power of nominating judges from outside the Council.
Otherwise, when a case arose in which a member of the
family was concerned and Councillors related had, in
accordance with the law, to retire from the Bench, it
would be impossible to hold a Court. The Council of
Trade agreed with him and referred the point to the
Attorney-General. The Assembly, however, associated
themselves with the contention of the Councillors, who
represented Spotswood's appointment of special Com-
missioners to sit with them as an endeavour to reduce
the judicial powers of the Council, and appointed William
Byrd as Agent to present their case. Spotswood main-
tained that his action was strictly in accordance with
the act of 1710, and also with the Instruction which
empowered Governors to establish Courts (186, 240,
522, 522 i., 550).
The Council of Trade did not appreciate Spotswood's
objection to the claim put forward by Councillors that
xl.
PREFACE.
Councillors
acting in
different
capacities.
Complaints
against
Spotswood.
His replies.
Punishment
of negroes.
Pirates.
Carolina.
A smaller
Seal
required.
they were entitled to take different views when acting
in their legislative and advisory capacities. But they
asked for further explanation (186, 522).
A report upon Spots wood's enterprises, written from
Carolina in a grudging and parochial spirit, admits that
he is "a very politick and ingenious gentleman " (243).
But his reforms and forward policy, combined with his
outspoken and contemptuous criticism of the Assembly
naturally created enemies (522, 550). Grievances were
submitted by anonymous complainants (36 i., 136).
His reply was trenchant and sufficient, and was accom-
panied by complimentary addresses from the Grand
Jury (452, 452 i., ix.).
One of the grounds of opposition to Spotswood was
his attitude towards the brutal punishment of slaves.
He had countenanced " the prosecution of a woman
for whipping her slave to death," although it was urged
in her defence, that as the law stood, she was not liable.
Spotswood answered that however unpopular the doctrine
might be, he would stand by his charge to the Grand Jury
that slaves were subjects of the King and their owners
must be called to account if they killed them. He further
quoted his 116th Instruction, directing him to endeavour
to get a law passed enacting that the wilful killing of
Indians and negroes should be punished with death
(452, 452 i., iv.-vi.). The humane attitude of the
Governor in this matter was in harmony with his policy
of educating the Indians at Christanna and instructing
them in Christianity and lends weight to his observation
as to the cause of Indian outrages and hostilities quoted
above (Nos. 146, 522 and p. xx. supra).
The increase and depredations of pirates off the Capes
led Spotswood to ask for an additional guardship from
the Admiralty (240, 527), and also to despatch a sloop
to the Bahamas, whose fortunes have been referred to
(1).
The questions of the boundary with N. Carolina and
the payment of aid by S. Carolina are mentioned above
(p. xxiii.).
One suggestion made by Spotswood was that the new
seal should be smaller, and so more suited to the needs
PREFACE. xli.
of the country, for " many things pass under the present
seal, scarcely smaller than the Great Seal of England,
for a fee of 20s., which hardly pays for the wax " (165).
3
THE WEST INDIES.
We havc seen that tne Bahamas, left derelict by the
Bahamas. Lords Proprietors, had become a regular nest and
rendezvous of pirates (v. 1), and that they had driven
out the acting Governor, Captain Thomas Walker, from
Providence, which they had begun to fortify (230, 240,
240 i.-iii., 328, 328 i.-iii., 595, 635, 677, etc.).
K of 8 charte" At the be g innin g of 1716, the Committee of the Privy
urged. Council reported their concurrence with the recommenda-
tion of the Council of Trade that the Charter of the Lords
Proprietors should be resumed to the Crown. They also
proposed that Roger Mostyn, whose appointment as
Governor was approved by the Crown, should receive a
commission and instructions from the King, and be
ordered to proceed at once to this Government (7, 58,
87). An Order of Council was issued to this effect.
The Council of Trade at once pointed out that this decision
did not cover the ground of their Representation which
had been referred to that Committee. They had pro-
posed a scheme for settling and fortifying Providence,
and they insisted that unless provision were made for
fortifying and garrisoning it, no settlement could be
made, and that it was useless to hurry a Governor thither.
Nor was it easy to see how a Commission and Instructions
could be prepared for the Governor of a place wherein
were only a dozen scattered families. They evidently
perceived that this appointment of a Governor was merely
a device of the Lords Proprietors to maintain their rights
in the Charter. They asked for a decision (108), and
maintained the same note when required to report the
best method of dislodging the pirates (408, 408 i.-iii.,
587) ; and took every opportunity of reiterating the
derelict state of the Islands, the importance of their
situation, and the danger of allowing them to fall into the
hands of foreigners or pirates (331, 418, 453, 596, 671 i.).
xlii. PREFACE.
Lord At length in May, 1717, Lord Carteret, at an interview
surrenderor with the Council of Trade, expressed himself as willing
b ' to surrender the government of the Bahamas as the
Proprietors of New Jersey had done, whilst retaining
their rights to the quit-rents and the soil. He mentioned
that several proposals had been submitted to the Lords
Proprietors for re-settling the islands, but none had
hitherto been deemed practicable (v. Journal, 31st May,
Captain 1717). Shortly afterwards the proposals of Captain
Rogers' pro- Woodes Rogers were referred by the Secretary of State
for the consideration of the Board, together with several
petitions from merchants of Bristol and other traders
urging the necessity of securing the islands. Woodes
Rogers, that stout sea captain, petitioned the King for
a commission as Governor, and the command of a
company to be sent as garrison. He explained that the
Lords Proprietors were awaiting the interposition of the
Crown before concluding the arrangement which he and
" some gentlemen concerned with me " had submitted
to them. The proposal of his company was to finance
an expedition with the object of dislodging the pirates
and re-settling the Bahamas, in return for the rights
in the soil, or of a lease for their lands and royalties for
twenty-one years (657, 657 i.-vii.). The Council of
A favourable Trade reported favourably upon this proposal and upon
the qualifications of Capt. Woodes Rogers. His scheme,
they held, would be " not only of great advantage to the
public, but also to the Lords Proprietors " (671, 671 i.).
and b sta 8 ^he history of Barbados was uneventful, save for
Lucia, pirates (473, 661 and 1), and the report of an intended
settlement by the French on Sta. Lucia, which was
included in that government (568, 637). The long
CoUetcm standing case of the Colletons, a private matter except
case. that it involved the question of a councillor sitting in
his own case, was argued before the Board, and at last
brought to a settlement, when the objection to John
Colleton's appointment to the Council was withdrawn
(131 i., 147, 151, 152, 233, 234, 238, 255, 539, and Journal
16th June, 1716).
Ecclesiastical One subject of controversy, however, had arisen over
jurisdiction.
the attempt by the Commissary to erect an Ecclesiastical
PREFACE. xliii.
Court. The Governor, Robert Lowther, refused to
recognise the Bishop of London's commission to his
Commissary, Mr. Gordon, on the grounds that it was
" very extensive," until he knew what powers had been
granted to the Bishop. Strong objection was taken
by him and the Assembly to the Ecclesiastical Court
which Gordon was attempting to erect. The Royalist
Character of party had always been strong in Barbados. Lowther
mtaMuy. accused Gordon of being not only a factious incendiary,
openly spreading the Jacobite cause, but also of being
, of low moral character and neglecting his duties as a
parish priest for trading enterprises in the Leeward Islands
and Martinique, where he was known as the " wandering
apostle " and " le marchand spirituel." Two other
clergymen, whom the Bishop of London had recommended
for benefices, Lowther describes also as " monstrous
Tories " and " only fit to officiate in the Pretender's
Chapel" (573, 573 i., ii.).
Rebel In marked contrast to Cromwellian days, only one
prisoner from Preston was " Barbadosed " (310 vi.),
though the recent act to oblige planters to keep a certain
proportion of white servants showed that the need of
increasing the white population was recognised. Possibly
it may have been thought impolitic to add to the numbers
of the Royalists, concerning whom the Board of Trade
warned the Governor that his vigilance could not be too
great (572).
Census and A census of the inhabitants in 1715, und lists of
returns. . .
christenings, burials, and causes tried or depending are
indicated (276, 661 i.-xiv.).
mt 4 cLit er ^ n accoun ^ f the 44 p.c. duty, and a report concerning
it, were given in connection with a demand for stores of
war from the Leeward Islands (341 i., 424), whilst its
effect upon competition with foreign sugar was referred
to by Mr. Cumings as a reason for taxing the latter when
imported to the American continent (297).
Bermuda. An unfounded charge of screening an act of piracy was
against Lt.- brought against the Lt.-Governor and Council of Bermuda,
uovemor. ftn( j bem g f oun( j to b e engineered by Bennett's enemies,
was withdrawn (247 i., 280, 306, 672). Bennett also
protested against the charge that Bermuda men were
xliv. PREFACE.
concerned with the Jamaican privateers in the matter
of the Spanish galleons (300, 677). The fortifications
were reported to have been damaged by a hurricane
(300).
Act for The careful report of the Solicitor-General upon a
breaking an ...
entail. private act tor permitting the sale ot some lands to pay
the debts of a tenant in tail is typical of the care
with which such acts were considered. As there was
no procedure by fines and recoveries in the Plantations,
and such permission was not repugnant to the laws of
Great Britain, it was thought reasonable to leave the
decision to the direction of the Assembly, which was
best able to examine the facts and rights of such a case
(49, 104, 566, 574, 581, 684. See also 1, Pirates}.
Jamaica. This was an eventful period in the history of Jamaica.
A great deal of time was spent by the Council of Trade
and Plantations on the consideration of its af fairs.
Whilst thanking the new Board for the passing of the
two acts which had been intended to inaugurate a period
As T mbi ^ concma tion (39), the Assembly gave no sign of
continues its wavering in their campaign against the Governor and
Council and the retention of the two companies of soldiers
( v - C - S - P - 1715 PP- xxxvii.-xli.). When their Address
Regiment. was brought to Mr. Secretary Stanhope by Sir Gilbert
transmitted Heathcote, Francis March, and Richard Harris, the ques-
Governor. tion of their right to present an Address to the King
through their Agents, without awaiting the co-operation
of the Governor and Council, and without requesting
the Governor to transmit it, was referred to the Council
Report by o f Trade. In their report the Board quoted the precedent
Trade, of 1702 and 1705, when the Commissioners for Trade
had held that such procedure was only permissible when
the Address contained complaints against Governors,
or when they refused to transmit or represent what was
desired (48, cf. Journal, 8th February, 1716). In this
case no such complaint had yet been made, and the
Governor appeared to have followed his Instructions
very strictly. The Board were therefore of opinion that
such a method of presenting Addresses ought to be
discountenanced. They took the opportunity of ob-
serving that not only the Assembly of Jamaica, but
PREFACE. -xlv.
also those of other Colonies were " pretending to assume
new privileges and powers, which if not prevented, may
lead to the weakening of H.M. prerogative in those parts."
They explained the position with regard to the inadequate
provision made for the two Companies, and the refusal
of the Assembly to pay off the debt to the Governor
and Council for the money advanced by them for the
subsistence of the soldiers. They recommended that
the Governor should be instructed, as he had proposed,
to discharge this debt out of H.M. revenue. A warrant
to this effect was issued. It also empowered the Governor
to supplement the allowance for the soldiers from the
same source (27 i., 48, 116). As to the two Independent
Companies, the Board insisted on the absolute necessity
of retaining them as a protection against rebellious
negroes or foreign enemies, at least until there were
sufficient white settlers to render the island safe. The
Governor had complained of an abuse practised in the
elections by Assemblymen, who, by splitting up holdings
of land, had multiplied the votes of their supporters.
Into this abuse they intended to enquire (27 i., 48).
Two months later they reminded the Secretary of State
of the urgency of these matters (122), and informed the
Governor of the views expressed above (123). At the
same time they forwarded, for further information, a
protest from the South Sea Company against a duty of
405. per head said to have been recently imposed on
negroes exported from the island, a duty which would
be prohibitive in the case of slaves landed for refreshment
en route, from Africa to the Spanish settlements (50, 67,
67 i., 85, 123).
They also forwarded for Lord Archibald's reply a
and Address ^ i i i
in defence of memorial in defence of the proceedings of the Assembly
y< which had been presented to them by Jamaica merchants,
assuring him that such complaints would be given no
credit until he had been allowed an opportunity of an-
swering (50, 123). The case of the Assembly was further
set out in their Address to the King, in which the Gover-
nor was accused of Jacobitism, of replacing those who in
the Council and civil and military posts were loyal to
the present government, and of opening a trade with the
xlvi. PREFACE.
French (which he had definite instructions from Ministers
to do). Further, the right of the Assembly to adjourn
itself was claimed, and it was very disingenuously asserted
that they had used their best endeavours to comply
with the Royal recommendation to grant a sufficient
revenue, and to provide the necessary subsistence for
the two Companies, but had been prevented by frequent
dissolutions (50, 78, 158 viii., xi., 357 c.). The grievances
of the Assembly against Lord Archibald Hamilton, many
of them transparently malicious, were summarised under
ten heads, and concluded with an appeal to the Crown to
interpose (158 xii.). About the same time Mr. Peter
Heywood, who had been dismissed from the Council and
from his office of Chief Justice with the unanimous
consent of the rest of the councillors, was writing to
the Secretary of State and calling attention to his own
merits (78, 158 xiii.-xv.).
proceedings Meanwhile, the attempt to conciliate the Assembly
Assembly, had proved futile (27 i., 78). The contest over the
right of the Council to amend money bills, and over
the method of granting money and issuing it, was
resumed. As the Assembly rejected the Council's
amendment to most bills for these reasons, only three
were passed. One of these was described by the Governor
as little better than a Schism Act. At last, when all
business had practically been brought to a standstill,
a message from the House throwing aspersions on the
Governor's loyalty, roused him to throw it back at the
Assembly members who brought it and to dissolve the Assembly
(78, 203 iii., iv.). Among the bills rejected by the
Council was one for raising money for an agent of the
Assembly in England. On its rejection, steps were
Subscriptions taken in the Assembly for raising subscriptions for that
Agent, purpose in the country. Funds were presently forwarded
to Sir Gilbert Heathcote and Mr. March in London
(78, 203, 357 c.).
Fund used The revenue was now exhausted, the country was
for support , ,. -i -, f -r -,
of the heavily in debt, and the soldiers unprovided ior. Lord
Archibald had no hope that a new Assembly would prove
more amenable than the last. He therefore decided to
carry on by taking a sum of 8,000, the surplus of the
PREFACE.
xlvii.
Additional Duty Act of 1712, out of the hands of a Com-
missioner appointed by the Assembly, and transferring
it to the Receiver-General. This sum, with the unanimous
consent of the Council, was to be applied to the most
pressing requirements of the Government (78).
Council's ^ n memoi> ials to the Council of Trade, the Council
Memorial, gave their version of the controversy with the Assembly,
as well as their own policy for providing a revenue
and increasing the population of the island. They
wished to enforce the already existing acts for encouraging
the importation of white settlers, and believed that the
Additional Duty Bill, as they had amended it, would
have provided a sufficient revenue as well as a fund for
bringing over and settling emigrants. They asked that
prisoners from Preston should be sent to Jamaica, and
described their policy as aiming at the encouragement
of new settlers and small settlements, and the throwing
of the burden of taxation chiefly upon those best able to
bear it. The Governor expressed his agreement with
their proposals, but confessed that he had little hope that
the new Assembly would consent to them (203, 203 i., ii.).
Unless they did so, he confessed himself practically at
an end of his resources. He would not recommend the
" making of laws for them in Britain," as that would
be resented by all parties, but suggested that the Governor
and Council might be empowered to pass an Additional
Duty Act embodying the views of the Council, if the
Assembly refused to join in it. He also proposed an
increase in the number of Councillors, from twelve to
fifteen. He concluded by affirming that the encroach-
ments of the Assembly upon the authority of the Crown
and the necessity of measures for providing a revenue and
peopling the island called for the immediate intervention
of the Crown (203, 357 c.).
Lord A. Suddenly the situation underwent a dramatic change,
recalled and Lord Archibald was dismissed from his government and
arreated. gent fr ome un der arrest. On 19th May, Mr. Secretary
Stanhope came down to the Board of Trade and, laying
before them a bundle of complaints against the Governor,
directed them to propose a Commission and Instructions
for Peter Heywood, the eldest Councillor, to assume the
xlviii. PREFACE.
government as Commander in Chief. He, with the
Council, was to enquire into piracies alleged to have been
perpetrated against the Spaniards by persons commis-
sioned by Lord Archibald, of which complaint had been
made to the Spanish Ambassador. He was to send home
for trial the principal persons involved, together with
their effects and the evidence against them, and also
to arrest Lord Archibald, seize his effects and send
them over with him, if he should appear to be in any way
responsible (158, 158 i.-xv., 175, 175 i., Journal, 19th
May, 1716). These instructions were subsequently modi-
fied. A precedent for sending a Governor home under
arrest had been found in the case of Sir Thomas Modyford
in 1671 (158 x.). But it was now explained that only
the Governor and those who were guilty of piracies at
sea were to be sent home for trial. Accessories on land
must be tried upon the place. Nor were any effects to
be sent home ; they were only to be seized and held in
case of conviction (201, 201 i., 283).
Theaiiega- The complaint made to the Spanish Ambassador was
turns against * TITI i I/-N
him. supported by an English naval officer, the Captain of
H.M.S. Diamond, some Jamaica merchants, and Samuel
Page, whom Lord Archibald had at first refused to
accept as Deputy Secretary, and who, at the instigation
of the Assembly, had sailed with the funds subscribed by
the Assembly in the Diamond without a permit from the
Governor. It was to the effect that certain privateers,
commissioned by the Governor, had perpetrated gross
acts of piracy upon the Spaniards in the gulf of Florida
and off Havana, and others by fishing on the wrecks
of ships which the Spaniards had not abandoned. Lord
Archibald himself was alleged to be part owner of some
of these vessels, to have shared in their plunder, and
to have refused restitution (158, 158 i.-vii., 604 i.-iii.).
stay of pro- Lord Archibald's friends were not idle. As soon as
requested, they heard of these proceedings, they entered a strong
protest at the Board of Trade, complaining that they,
planters and merchants of Jamaica now in England, and
many of the most considerable gentlemen of that island
were not advised with, nor consenting to what had
been done. They asked for a stay of proceedings for
PREFACE.
xlix.
the further examination of the charges, stating that " the
complaints against the Governor were not well founded,
but were carried on by persons of small credit in Jamaica."
They expressed great nervousness as to what might be
done by the new government and urged that, if Lord
Archibald must be recalled, his place should be filled
at once by a person " of honour, ability, and integrity "
(182, 182 i., ii., 203 i., ii., v.). On enquiry, however,
the Board was informed by Mr. Stanhope that Mr.
Hey wood's Commission and Instructions had already
gone ( Journal, 31st May). Lord Archibald's agent also
intervened. He declared that the Governor was entirely
innocent of the crimes against the Spaniards, and that
the affidavits of Samuel Page and William Addington
were " in a great measure groundless and malicious,"
and therefore asked that they should be required to give
securities for their appearance at Lord Archibald's trial.
Page had returned to Jamaica, where he complained that he
had not been sufficiently rewarded out of the subscriptions
and ra i se( j by the Assembly. After consultation with the
Addingtou *
bound to Attorney-General, the newly appointed Governor was
instructed to cause these witnesses to be examined and
to give their recognizances for their appearance at the
King's Bench bar, when Lord Archibald should be brought
to trial under the act of King William III. (246 i., 282, 283,
377, 395, 403, 403 i., 406 i.). In view of the nature and
source of the evidence, it would appear that Stanhope
acted with curious precipitancy in taking so strong a
measure, without waiting to hear the other- side.
Lord Archibald's explanation of the affair, written
explanation, within a fortnight of the despatch of Stanhope's hurried
instructions for his recall, was simple and apparently
straight-forward (203, 357 c.) Ever since the conclusion
of peace there had been complaints against Spanish
guarda costas and French ships with Spanish commissions,
which, under pretence of guarding the coasts of the
' Spanish settlements, had been attacking British traders.
In some cases they had justified their seizures by the
presence of Spanish pistoles on board the current
money of the West Indies and in others they detained
them without proof or trial. Lord Archibald's demands
1. PREFACE.
for restitution had been everywhere ignored, although
he had himself set the example by restoring Spanish
goods captured before the cessation of arms was known
(27 i., 95, 203, 357 h). Combined with the increase
of pirates, this condition of affairs had rendered naviga-
tion more dangerous than it had been in times of open
warfare. H.M. ships on the station were of little use, as
they were not allowed to clean abroad, and were in any
case almost useless for chasing " clean, light, and nimble
vessels." In these circumstances, the Governor had
yielded " to the clamours of the trading people " and had
commissioned privateers to cruise against pirates. Unfor-
tunately the wreck of the Spanish galleons in the Gulf of
Florida proved too great a temptation to the Jamaica
privateersmen. Not only did they go to " fish upon the
wrecks " without drawing any nice distinctions as to
whether they had been abandoned by the Spaniards
or not, but one party, landing on the coast of Florida,
attacked a Spanish camp and carried off 120,000 pieces of
eight besides wrought silver, which the Spaniards them-
selves had recovered from the sunken flota. One priva-
teer, the Bennet, " commanded by a tawny Moor called
Fernando Fernandez " seized a Spanish sloop, which had
formerly belonged to some Jamaica merchants and had
been taken by the Spaniards, but never condemned in
any Spanish port. This sloop, after first taking out the
money and jewels in her, and communicating with the
Governor, he sent into Port Royal. There she was
condemned with her cargo in the Admiralty Court as
having been piratically taken. An appeal was intended,
and the Governor stated that he would see justice done.
But he omitted to mention that he had one share in the
Bennet. The Governor of the Havana sent a represen-
tative, one Don Juan del Valle, to demand restitution
of all monies and effects taken out of the flota, the punish-
ment of the pirates, and the prohibition of any such
enterprise for the future. Lord Archibald agreed that
such piracies ought to be punished and restitution made,
whilst holding that wrecks left derelict belonged to the
first occupant, and he presently issued a Proclamation
recalling the privateers and prohibiting fishing or diving
PREFACE. 11.
on the wrecks. But as to restitutions, he informed the
Governor of Havana that they must be reciprocal, and
that the Spaniards having been the first aggressors ought
to be the first to give satisfaction. In fact, he represented
to the Council of Trade, " the buckaneering and sea-
f arcing people " were exasperated by the losses they
had suffered at the hands of the Spanish guarda costas,
and were tempted by the riches of the wrecks to make
reprisals. He was afraid that too rigorous prosecutions
would drive away the sea-faring population and force
them to turn pirates, to the great weakening of the
island. Moreover, the temper of the people had been
shown recently by two incidents. On one occasion a
man condemned to be hanged for robbing a Spanish
boat was rescued from the gibbet by a mob at Port
Royal. On another a vessel seized by the King's Officers
in Port Royal harbour was boarded by armed men and
the goods carried away (158 i.-vii., 203, 308, 357 h.,
604 i.-iv.).
Uonofthe Stanhope had no sooner given orders for the Governor's
council, recall, than he began to reconstruct the Council, the
majority of which, since its reconstitution, had stood by
Lord Archibald in his struggle with the Assembly (164. v.
Journal, 23rd May). To the new Council were appointed
some of those who had been displaced at Lord Archibald's
request, John Blair and Charles Chaplin, and others
who had been leaders of the Opposition in the Assembly,
Thomas Beckford, James Risby and George Bennet.
Thus in spite of a protest on behalf of some of those
who were to be dismissed, a new Council was constituted
containing an equal number of partisans of either side
A J rem biy he < 104 ' 169 ' 175 i - 178 )' The Assembly had thus achieved
achieved, their object. They had obtained the recall of the Gover-
nor, and in his place was installed a Lt.-Governor who was
a strong supporter of their policy, a native of the island,
and practically their nominee. The Council was so
nicely balanced as to be almost neutralised, but with a
Lt.-Governor thus inclined and the partisans of the late
Governor thus discouraged, it might be expected in
u-of of The P rac tice to be on their side. The control of the Executive
Executive, ^as, for the time at least, in their hands, Heywood,
Hi. PREFACE.
however, was warned in his Instructions that he was not,
in his temporary capacity as Governor, to pass any acts
except such as were immediately necessary for the
peace and welfare of the island, without particular orders
(163 i.). The Council of Trade took the opportunity of
urging him to a conciliatory policy with a view to the
safety and welfare of the island and provision of sub-
sistence of the troops, assuring him at the same time of
their " readiness to second whatever might be offered
by the gentlemen of Jamaica, that may promote their
true interest and H.M. service " (187).
The enquiry Q n receipt of his Instructions, Peter Heywood,
into Lord ~
Archibald's according to his meagre account, sat daily with the
Council to enquire into Lord Archibald's late conduct
(308). But instead of examining him and sending him
home under arrest with the witnesses against him, in
case he was found guilty of being concerned in the
piracies, they refused to communicate to him a copy of
the charge against him, so that there could be no proper
examination or cross-examination of witnesses. They
arrested him under a warrant which did not specify the
cause of commitment, and sent him home post haste
without any witnesses for the prosecution (cf. Minutes
of Council of Jamaica, and B.T. Journal, 2nd October,
1717). Heywood explained that there were only two
individuals, Thomas Bendysh, part owner of the Bennet,
and Jonathan Barnet, one of the privateersmen, whom
they thought fit to send home to give evidence, and that
they were both unable to leave the island on account of
writs out against them for debts (387). Whilst the
Council was deliberating whether they should be justified
Hia defence. j n arre sting the Governor, the Chief Justice and Attorney-
General made oath to the following facts, which, they
declared, in their opinion were sufficient proof that he
was not concerned in the piracy. It was admitted that
Lord Archibald had a share in the Bennet privateer.
But, learning that the Commander, Fernandez, had
exceeded his commission and instructions by seizing
Spanish goods, and before complaint against that ship
had been lodged by Don Juan del Valle, he had consulted
the Chief Justice and Attorney-General. It was decided,
PREFACE. liii.
that, in order to secure as many as possible of the effects
taken from the Spaniards and return them to the owners,
he should " temporize with Bendysh," and himself
receive his own share. This he had done and deposited
it in the hands of the Provost Marshall, to await H.M.
orders. By an Order in Council of 9th June, Bendysh,
who had brought in the Governor's share of the capture,
had been required to give security for the return of such
part of the Spanish effects as had come into his hands.
As for Don Juan del Valle, the Governor had consulted
with him as to the desirability of prosecuting the priva-
teersmen complained of, and this the former had declined,
lest such procedure and issue of a proclamation at that
moment might deter others, then at sea, from returning
to Jamaica. The Governor had gone out of his way to
further the appeal in the case of the Nuestra Senora de
Bethlehem, although it was not made in proper form, so
anxious was he to do justice to the Spaniards (203, 357 h).
All this evidence was ignored, and by a majority of one,
the Council decided to arrest Lord Archibald. It was
suggested that their proceedings exposed the whole
manoeuvre, which was to get rid of the Governor and to
screen from prosecution or restitution all those con-
cerned in the many privateers. Heywood, at any rate,
made no further reference to the affair, but began at
once to echo Lord Archibald's complaints of the seizure
of Jamaican vessels by the French and Spaniards, and
to demand reparation therefor (308, 308 i.-iv., 339,
339 i., ii., 409, 409 L). And, as Lord Archibald had
foretold, enquiries into the further misbehaviour of the
privateers, and the arrest of a few principals and
accessories in the case of a French ship taken in the Bay
of Hondo, occasioned a general stampede of the sea-
faring population, who feared prosecution (308, 308 i.-iv.,
359 i., 411, 411 i.). They increased the swarm of pirates
who were infesting those seas, and some of whose brutalities
are described. The guardships were incapable of dealing
with them, and, if arrested, the Commander in Chief had
no commission for trying them (352, 352 i., 411, 411 i.).
The Council of Trade represented the necessity of dealing
promptly with this dangerous situation (518, cf. 1 Pirates).
Wt. 26355. C.P. e.
liv. PREFACE.
Th6 and ncil Heywood at once found himself in difficulties with
Assembly, the Council. The question of the subsistence of the
two companies was acute, and the soldiers were pressing
for payment and clothing long overdue. This " stand-
ing army," of which the Assembly was so anxious
to be rid, was now reduced to 61 men (339 iii., 411,
519). The majority of the Council voted that they
should be subsisted out of the Treasury, as had recently
been done. The minority, with Heywood, considered
that as there was no law to sanction this, it should not
be done, but that an Assembly should be called, which,
they thought would deal with the situation. On the
expediency of calling an Assembly the Council was equally
divided. Such were the first fruits of appointing a
nicely balanced Council, intended to represent both
parties in the island. Those who had supported Lord
Archibald, continued to support the policy for which
they had voted under him, whilst the remainder voted
with Heywood (308, 359 i.). But the Treasury was
empty. Heywood therefore determined to summon an
Assembly. In the meantime he was obliged, as Lord
Archibald Hamilton had been obliged, to subsist the
soldiers out of his own pocket. The new Assembly he
described as good (352). He did nothing to disturb their
equanimity. Ignoring his instructions, he informed them
that he would pass what bills they liked. He was, in
fact merely their instrument. The Assembly promptly
brought in all the bills which had been rejected during
the existence of the last Assembly, including one which
had already been annulled by the Crown (451 e). Lord
Archibald's party continued their opposition to bills
which encroached upon the Governor's powers. Their
opposition was strenuous but vain. For Heywood was
prepared to do the Assembly's bidding, and the Assembly
would accept no amendments by the Council to their
money bills. The opposition in the Council had by this
time been reduced to two. For William Broderick, the
Attorney-General, had gone home with the Governor,
and Peake and Mumby were dead. Francis Rose and
Thomas Bernard, the Chief Justice, remained. The latter
the Assembly addressed the Commander in Chief to
PREFACE . Iv.
remove, on account of his having opposed the summoning
of a new Assembly. They further requested the removal
of Anthony Swymmer from the Bench, as being of " too
loose and atheistical principles," and hinted at the
removal of the opposing Councillors (387, 387 i.). They
also proceeded to punish the Deputy-Receiver, who, in
obedience to an order of the Governor and Council, had
received from the Commissioner appointed to collect
the Additional Duty of 1712, the money arising therefrom,
and had issued it for the payment of the soldiers' sub-
sistence and the exigencies of the Government. By a
clause in their new Additional Duty Act, they now
required him to make good this sum and pay it over
again to their Commissioner. The Council of Trade
represented that this was a great injustice, and offered
that orders should be sent to stop proceedings against
the Receiver on that account (387, 446, 446 i., 450, 451).
The Assembly then reduced its claim on the Receiver-
General to the amount issued by him for the subsistence
of the soldiers (659, 659 i.). Yet to Heywood they
repaid the money advanced by him for that purpose, and
repaid it with interest at generous rate (652 i.). The
principle involved was precisely the same as that in the
case of the money advanced by Lord Archibald Hamilton
and his Council, which they had so long refused to refund
(48, 50, 158 xi. a). In a petition on behalf of Lord
Archibald it was asked that the newly appointed Governor
should be instructed to recommend to the Assembly the
discharge of this debt. An order to this effect was made
(378 i., 415). Later, on the appointment of another
Governor, Lord Archibald renewed this petition, with a
request that he should be allowed ordinary interest,
seeing that the Assembly had allowed Mr. Heywood
" his principall with an extraordinary interest " (652,
652 i.).
Thomas Pitt Thomas Pitt was appointed to succeed Lord Archibald
Governor, in June (216). Three months later he asked for instruc-
tions for remedying the state of danger and disorder in
which the island was reported to be (343, 343 i.). On
16th October Mr. Secretary Methuen conferred with the
Board of Trade (Journal, 16th October), and discussed
Ivi. PREFACE.
a memorandum by Mr. Pitt, in which he enumerated
the matters in dispute with the Assembly, and asked for
instructions concerning them. He also requested that
the Acts of Jamaica which had not yet been confirmed
by the Crown should be either confirmed or annulled
he before his departure (357). As he had attributed the
disorders and defenceless condition of the island in large
measure to the Assembly's " in a manner assuming the
executive part of the * Government " (357), he was
asked to be more explicit on that point (370). His
reply was that the whole drift of their proceedings, to
which the late Governor and Council had taken objection,
was in this direction, and recapitulated their claims and
actions (370, 375).
As to the Acts not yet confirmed, the Council of
Trade pointed out that they remained in force until
disapproved by the Crown. To await decisions upon
them all would delay the Governor's departure to an
extent that would be inconsistent with the public service.
But they offered to report immediately upon any to which
he had objections, or which he thought it would be for
the advantage of the island or acceptable to the inhabi-
tants to take with him confirmed (376). Mr. Pitt
referred them to the acts mentioned by the Council of
Jamaica in their memorial (203 i., ii., 396).
Decisions Upon the points raised by him in relation to the claims
and claims and privileges of the Assembly, the Council of Trade
Assembly, submitted a careful record of precedents from the
records of the island. These they offered as material
for a decision by the King in Council, not presuming to
give any opinion of their own in matters which so nearly
concerned the prerogative of the Crown and were so
essential to the Constitution and Government of that
island. They again drew attention to the fact that
disputes of the like nature had lately arisen in other
Governments in America (435, 435 i.). Four months
later (April 12th, 1717), after mature consideration,
decisions were made upon the thirteen points raised by
Mr. Pitt, and directions were given by Mr. Stanhope for
drawing his Instructions in accordance with them (526).
The right of the Council to amend money bills was
PREFACE. Ivii.
affirmed ; that of the Assembly to adjourn without
the Governor's leave, except de die in diem, denied.
The Receiver-General was appointed by patent under
the Great Seal, and the naming of the Receiver by the
Assembly was undesirable. Provision of a revenue
equal to the expenses of the Government (6,000), and
for the subsistence of the soldiers was to be recommended
to the Assembly, who were to be promised that the two
companies would be withdrawn as soon as it was deemed
safe to do so. Other minor points were dealt with, and
the suggestion that the Governor should appoint the
Clerk and other officers of the Assembly was over-ruled
by precedent (526).
Colonel Mr. Pitt, however, did not receive these instructions,
pohitecfm For some reason, which does not appear here, he did not
pla< pitt. Ml " go to Jamaica (217). Col. Nicholas Lawes was ap-
pointed Governor in his stead (614). The Commissioners
of Customs, on being consulted as to their views for the
new Instructions, desired that officers of the Customs
should be excused from serving in the Militia or upon
juries, or any parochial offices, since such services inter-
fered with the execution of their duties (630, 680).
private Acts. Two private acts were confirmed, one of considerable
negroes, interest being to disqualify negroes from giving evidence
against the family of John Williams, a free negro who
had been converted to Christianity and amassed consider-
able property in the island (387, 521, 554, 683). This, as
the Attorney-General observed, admitted Williams to
the same privileges as other freemen, since by the law
of Jamaica the evidence of one slave against another
who was or had been a slave was admitted, but not against
any other (531).
Ki A g8 t ton ^ e ac ^ ^ or *^ e re ^ e ^ ^ the inhabitants of Kingston
was repealed (648 i., 670, 681, 682).
sickness. The island in general was reported to " continue
very sickly " (409).
Leeward Addresses from the four chief Leeward Islands ex-
Islands. , . i /-<
pressed appreciation of the appointment of Governor
Antigua. Hamilton, who arrived at Antigua in April, 1716 (68,
118 vii.-xv.). There he recommended the Assembly to
amend their law for the recovery of debts and to take
war.
Iviii. PREFACE.
measures for defence, and this, he reports, they set about
with great good will (68). But a severe drought, which
afflicted all the islands, interfered with the realisation
of their good intentions (651). For want of a suitable
man of war, and by reason of the numerous and powerful
Pirates, pirate ships which infested these seas, Hamilton found
great difficulty in visiting the other islands (68, 68 i.,
118, 118 i., 173, 425, 425 i.-iii., v., 466, 484, 568; and
Additional see ^ Pirates). The need of a stronger guardship was
required, represented by the Council of Trade, and also the defence-
less condition of the islands owing to the want of muni-
Bequest for tions of war (224, 224 i., 473, 474, 570). The need of a
stores of grant of supplies of this nature was repeatedly emphasised
by Hamilton^ who represented that the heavy taxes borne
during the late war and the high prices then ruling for
necessaries of life had reduced the capacity of the planters
to provide these on their own account (118, 651). The
Board of Ordnance, however, interposed. Over 10,000
of Ordnance, was due to their office for munitions supplied by them
for the Leeward Islands since 1702. Parliament had
granted no money to the office for these stores, which
were ordered to be paid out of the 4^ p.c. duty. They
thought, therefore, that, before a new grant was made,
an account of past expenditure of stores should be
demanded, and details of what were required, more
especially as the request of the Leeward Islands exceeded
in proportion those of other Dominions, and the supplies
sent appeared to them to have been fully sufficient if
Council of d ue care had been taken of them. To this the Council
4j p.c. duty, of Trade replied by reviewing the situation with regard
to the 4| p.c. duty, which in 1702 had been ordered to
be devoted to the fortifications and other public uses of
Barbados and the Leeward Islands, to which it had
originally been appropriated. Since 1702 that duty
had amounted to over 78,000, whilst the Leeward
Islands had only been supplied with stores of war valued
at 15,241 45. lOd. How the balance had been spent
was a question for the Treasury. But as Nevis, St.
Christopher, and Montserrat had been plundered by
the French and as the account of what stores were wanting
and what were remaining was quite explicit, they thought
PREFACE.
lix.
Antigua.
Acts.
an immediate dispatch of stores was necessary (198, 204
ii.-vii., 274, 341 i., 398 i., 424). The matter was then
referred to the Treasury, to whom the Board of Ordnance
explained that they had received little more than 9,000
out of the 4 1 p.c. for stores of war to the value of 30,000
odd supplied by them to the Leeward Islands and
Barbados. They asked to be reimbursed out of the
balance of the 4^ p.c. since 1702. They repeated their
opinion that the further demand from the Leeward Islands
required explanation (433, 475, 475 i.). In answer to
this the Council of Trade repeated their former statement
(476, 476 i.).
One or two acts of Antigua were confirmed. But the
Attorney General entered strong objections to the Act
for establishing a Court of King*s Bench, etc., as it was
drawn, whilst approving the provision that the Court
of Chancery should be held before the Governor and
Council instead of the Governor alone (368, 384, 422,
688). An important act for prohibiting the importation
of foreign sugar, rum, cotton, or molasses was passed in
1716 (261). An act to encourage the importation of
Protestant white servants was also passed, and recom-
mended by the Governor as the best and only expedient
for increasing the population, which had suffered from
the effects of the taxation and invasions of the late
Avar (323, 651), and also from the development of large
plantations at the expense of small holders (118). Upon
the reiterated recommendation of the Governor, Mr.
William Nevine was appointed to act as Agent for the
island (323).
The Assembly settled 1,000 a year upon the Governor
presents and ...... mi t j.i
house rent, for his house rent. This sum was in excess ot the sum
Su |rice a s nd allowed by his Instructions. But it was pointed out
that it was 1,000 current money, and current money was
sugar. When realised in London, it would produce
little more than 400. House rents were very dear, and
prices had risen to such an extent that the Governor's
salary of 2,000 was less than the 1,200 from which it
had been raised a few years ago. Moreover, neither
Nevis nor Montserrat had ever contributed to the Gover-
nor's house rent, and St. Kitts only once. Nor could
Agent
appointed.
Governor's
Ix. PREFACE.
they now do so, as Assemblies had been already held
by each of them since his arrival, and they were therefore
precluded from voting him any present. In these
circumstances, the Council proposed that Hamilton
should be permitted to receive the house rent voted to
him, but that the act should not be confirmed by the
Crown, so that, if any ill results appeared, it would still
be feasible to annul it. They also expressed the view
that some alteration in the Instructions regulating the
Governor's house rent was desirable (120, 483, 532).
Nevis. j n N e vis, an act for fortifying Saddle Hill was passed.
This and an act for a return of negroes were confirmed
The caso of ^ *** ^^ ^^' ^^)- ^ request was made for an engineer
the Hostages and munitions of war (66 ii.). The case of the hostages,
Martinique, who were detained at Martinique against the payment of
the ransom demanded by Iberville in 1706, was raised
again, in the hope of relief through the Commissaries
to be appointed under the Treaty of Utrecht. It was
again pleaded that the Capitulation was extorted by
force, and that the terms of it had been broken by the
French. The condition of the two hostages who had
refused to make their escape from Martinique was
pitiable, and the sum claimed by Iberville was ruinous
(66 iii.-xv.). They refuted the suggestion that they
had neglected to provide for the maintenance of the
hostages (66 iii., iv.). The addresses and petitions from
Nevis were submitted to the Advocate-General for
reconsideration of his opinion of August 2, 1715 (82). Sir
Nathaniel Lloyd advised the Board to await the report
of the Commissaries (91).
, st - , In St. Kitts, an act was passed and subsequently con-
Chmtopher. /
Brimstone firmed, lor acquiring Brimstone Hill with a view to
fortifying it (555, 622, 622 i., 628, 689).
The disposal There was some correspondence over the question of
of the former ,. -, ,
French the ownership of plantations and the confirmation of
ds> grants of returned French Protestant planters on the
former French quarter of the island (173 etc.). The
amount of workable land available for distribution was
Col. estimated by the Surveyor at 15,000 acres (68). Col.
< o8erT 8 Douglass now came forward with a proposal to purchase
10,000 acres for 16,000, the remainder, after allowing
PREFACE.
Ixi.
Virgin
Islands.
for the grants to French refugees and salt pans, to be
assigned gratis to the poor settlers. On this offer being
referred to the Council of Trade, they reported, that,
whilst they could not deal with its merits until directions
were given as to the disposal of the lands, they now
thought that, instead of appointing Commissaries for
arranging the sale of them, as they had previously sug-
gested, it would be more to the advantage of the Crown
to put them up for sale in England, since their value was
now better known. They presently repeated their opinion
as to the urgency of settling the matter, both from the
point of view of the Treasury and of peopling the island
(225, 225 i., 251, 265, 320 i.).
Resolution of The House of Commons then passed a resolution for
Common?, the sale of the lands yielded by France, and the Treasury
invited the Council of Trade to give them all the
information on the subject in their possession (653,
665 ; and see 1, Relations with French ; Governors'
flags}.
In response to the enquiries of the Board of Trade,
which were repeated in June, 1716 (213), Hamilton
explained that he was unable to visit the Virgin Islands
for lack of a man of war, but he sent in the reports from
the Lt.-Governors of Anguilla and Spanish Town (68, 118,
118 iv.-vii., 350 i.-iii.). The soil of Anguilla was said
to be exhausted, and the inhabitants, suffering from the
drought, were anxious to remove to Sta. Cruz. They
were petitioning for grants of land there. Spanish
Town, Tortola, and Beef Island were sparsely inhabited.
Such inhabitants as there were gained a wretched
livelihood. Hamilton thought it would be an advantage
if they were all removed to St. Kitts and given grants
of the former French lands there (118, 350, 425, 651).
The Lt.-Governors of Anguilla and Spanish Town
received their commissions and instructions from the
Governor of the Leeward Islands, but had no salaries,
and it was not easy to find anyone suitable for the office
(213, 350). Later, Hamilton reported that some settlers
had left the Leeward Islands for Tortola, but he repeated
his view that Captain Walton had exaggerated the
richness of this group (425, 651),
Ixii.
PREFACE.
Captain
Walton's
petition.
Danish
claim to St.
John and
Crab Island.
Newfound-
land.
The Council of Trade had meanwhile reported favour-
ably upon Capt. Walton's petition, recommending that
he should accompany the ship appointed to visit the
Virgin Islands, and that he should be granted an allowance
for his present undertaking and some recompense for
his past services (153). This matter was then referred
to the Treasury (334). In May, 1717, Captain Candler
of H.M.S. Winchelsea sent in the result of his survey
of the Virgin Islands. It agreed with the opinion of
Governor Hamilton, and emphasised that they were -a
nest of pirates and likely to remain so, and that it would
not be worth while for the Government to go to any
expense on their account (425, 425 ii.-iv., 639 i.).
These activities in the Virgin Islands roused the appre-
hension of the Danes, who claimed for their West India
Company not only St. Thomas (of which Capt. Candler
gave an uncomplimentary description as inhabited by
" rogues and pirates "), but also Crab Island and St.
John, which they announced their intention to settle.
They asked that instructions should be sent forbidding
the interference threatened by the English (562, 562 i.,
ii., 639 i.).
The enquiries of the Council of Trade (C.S.P. 1715, p.
xlvi.) elicited several complaints from the out-ports
interested in the Newfoundland fishery. The New
Englanders and the inhabitants were debauching the
fishermen with rum, and the former inticing them away
to the Continent. Total prohibition of the sale of liquor
and tobacco was demanded. Alien ships were trading
with Newfoundland and using the fishery. Lt. -Governor
Moody by taking part in the fishery and permitting
the French to share in trade, and engrossing the French
plantations at Placentia, was preventing the development
of the fishery there. It was suggested that the Military
should be forbidden to take any part in trade or the
fishery. Also that the observance of the Sabbath,
which was at present " as it were an universall day of
drunkeness and debauchery," should be inculcated by
ministers supported from home, and enforced by corporal
punishment. Infringements of the act to encourage
the trade to Newfoundland were noted (3, 4, 15, 24, 25,
PREFACE. Ixiii.
439 i.). Captain Taverner, in his report, confirmed
these observations, and added that trading by the
French and their encroachments at St. Peters were
preventing the expected development of the newly
acquired Fishery (44 ii.). It had been recognised that
New Act some penalties must be provided for infringements of
the above Act. The Attorney-General gave his opinion
that a new act would be necessary for this purpose, and
that a Proclamation would not suffice (15, 25, 29). Capt.
Report by Taverner submitted a draft for a new act (44 iii.) From
of Trade, the information thus acquired, the Council of Trade
compiled a long and careful report (70 i.), describing the
abuses in the fishery, and proposing a new law laying
penalties and directing where and how they were to
be recovered. They further proposed that the Com-
modore and Fishing Admirals should make a survey
and record of the rights and ownership of the various
cook-rooms, stages, and beaches, which had been the
source of many disputes. To fill the gap when, in the
winter and in the absence of the Commodore and Fishing
Admirals, there was " a sort of respite from all observance
of law or government," they recommended that two
judges should be appointed for each of the principal
harbours, and that they should be elected by the inhabi-
tants before the departure of the fishing fleet. These
magistrates were to hold a Court once a month, and
appeals were to lie from their decision to the Commodore
of the ensuing season. To counter the tactics of the
_New Englanders, who debauched the fishermen with
their rum, and of the British traders who, sailing direct
from Europe to the fishery, took advantage of the
inhabitants' need of salt for their fish to oblige them to
buy one butt of wine and a quarter cask of brandy with
every ten hogsheads of salt, they proposed that no wine
or brandy (except from Madeira, etc.), no tobacco, and
no rum, except from the West Indies, should be allowed
to be imported into Newfoundland except from Great
Britain. Sellers of alcoholic liquor were to be licensed.
To prevent enticing away of seamen, it was proposed that
masters of New England ships should be compelled to
enter into bonds not to sail with more than their
PREFACE.
complement. Masters were to be obliged by penalty and a
bond to carry their full complement of sailors and
' green " men according to law. The revival of the
system of paying wages by shares in the fishery
was recommended. The French ought to be stopped
bringing their fishing tackle and goods to St. Peters
and Placentia annually from France, and also from
leaving their boats at Petit Nore, and the inhabitants
of Cape Breton and French Indians from hunting and
furring at Cape Ray. The military must be prohibited
from concerning themselves in the fishery. These
regulations, with penalties for infringements, to be
embodied in a new act (70 i.). In the meantime the
commodore's Commodore of the Convoys of the Fishing Fleets in 1716>
Instructions. ;
and 1717 received additional Instructions for putting
several of these suggestions into practice (183 i., 558 ii.).
A petition from Bideford for further protection from
increase of pirates f or the fishing ships, revealed a gratifying increase
sailings. in the sailings for the fishery in 1717 (479, 480).
Reports by A report by the Commodore for 1716 gave returns of
dore. the fishery and repeated the need of reforms (402 i., ii.).
The value of Isle of May as a source of salt for the fishery
was emphasised, and its need of protection by a man of
war (69, 69 i.). Mr. Secretary Stanhope wrote to Lt.-
Governor Moody rebuking him for the confusion of the
Garrison accounts and lack of muster rolls of the garrison in
ficatums'at May, 1716 (184). But this was no relief to the unfortu-
na ^ e gofers wno remained in the most deplorable con-
dition for lack of provisions, clothes, and pay (351, 366,
538, 538 i.). Charges were brought against Moody of
trading and profiteering in their supplies (560). He
applied for leave to return and answer them (538, 538 i.,
676). As a reduction of the garrison had been con-
templated, the Council of Trade suggested that the
surplus of men should be sent to strengthen the garrison
on the frontiers of New York. Estimates were submitted
for the construction of a new fort instead of repairing
the old fortification at much greater expense (100,
Sfe p com b p y 100 i.-iii., 102). It was not until the end of July, 1717,
troiiersof ^at the Comptrollers of the accounts of the Army
the accounts irii
of the Army, announced that they had ordered the dispatch of clothing
PREFACE. Ixv.
and provisions. At the same time they recommended
the recall of Moody to answer the charges against him
and state the accounts. Whilst approving the proposals
of the Board of Ordnance for reducing the garrison and
building a new and small fort, the Comptrollers gave
their views upon the residents of Newfoundland, to whom
they attributed the greater part of the responsibility
for the disorders in the fishery. They recommended
the removal of " these miserable bankrupts," who could
not be brought to order by any regulations, in order that
there might be no inducements for any merchants but
those who were " truly intent upon the Fishery " (676).
case of M. The case of one M. Tulon caused much controversy.
This Frenchman, having taken the oaths of allegiance
and bought a plantation in Newfoundland, brought a
ship and supplies from St. Malo, acting for the original
French owner of the plantation in question. Some
Fishing Admirals, who objected to the competition of
the French with their own cargoes of salt, prohibited
his landing, and appealed to Lt. -Governor Moody, who
interposed on behalf of His Majesty's new subjects
and the fishermen who needed supplies (44 ii., 46, 47 i.-iii.,
76, 439 i., ii., 468 v.). On his next voyage, some fish
caught by Tulon and his French servants, was seized by
the Fishing Admirals and shipped in a Guernsey vessel,
with instructions to the master to render an account of
their proceedings to the Privy Council. On his arrival
at Bilboa, however, the master was thrown into prison,
and the fish seized at the instance of a French merchant
representing Tulon. Stanhope ordered a very strong
representation to be made to the Court of Madrid upon
this " violence and injustice of the Biscayners " in a
thing " they have no right to meddle with " (439,
439 i.-ix., 468, 468 i., ii., 492-494, 502). The Attorney-
General gave his opinion that if Tulon was qualified as a
British subject, his fishing with the aid of foreign servants
was no infringement of the act (481 i., 491, 491 i.-xi.).
Report by g u t the Council of Trade repeated their opinion that the
the Council ... .. , , f . , . . ,,
of Trade, employment of foreign tishermen, and iisnmg with
tackle brought from foreign countries ought to be pro-
hibited, Tulon was not a naturalised British subject
PREFACE.
and therefore, according to the Attorney-General, had
no right to fish at Newfoundland. The bringing of
servants, tackle, and goods from France, and such action
as that of the Bilboans must be firmly discouraged. But
since Tulon had taken the oath of allegiance, he might
be entitled to some consideration. These ends would
best be served by remitting the value of the fish to Tulon,
after it had first been returned to the Crown (551).
Words and One or two words and phrases are worth noting. The
pirates' Daudorus (Deuchandorus), or farewell greeting,
to a small boy who wished to leave them, took the form
of a good whipping (p. 212). Two " maroon periaguas "
are mentioned (411 i.). Colonel Rhett, abusing the
Lt.-Governor of S. Carolina, called him a " Lurkenburg
dog" (268 h.).
important The most important representations printed in this
Representa- , <_,,_,., i XT
tions. volume are those on .Naval btores (515 i.), and New-
foundland (70 i.).
CECIL HEADLAM,
January, 1929.
( Ixvii. )
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 :
5, 4 ; 5, 10 ; 5, 189 ; 5, 190 ; 5, 290 ; 5, 291 ; 5, 382 ; 5, 387 ;
5, 508 ; 5, 717 ; 5, 720 ; 5, 721 ; 5, 752 ; ,5, 866 ; 5, 914 ;
5, 915 ; 5, 971 ; 5, 980 ; 5, 995 ; 5, 1051 ; 5, 1085 ; 5,
1092 ; 5, 1123 ; 5, 1233 ; 5, 1265 ; 5, 1292 ; 5, 1293 ; 5, 1317 ;
5, 1318 ; 5, 1335 ; 5, 1342 ; 5, 1364 ; 5, 1365 ; 23, 12 ; 28, 14 ;
28, 15; 28, 16; 29, 13; 37, 9; 37, 10; 37, 24; 38, 7; 116,
21; 137, 11; 137, 12; 137, 46; 138, 14; 138, 15; 138, 16;
152, 10; 152, 11; 152, 12; 153, 12; 153, 13; 152, 39; 194,
5 ; 194, 6 ; 194, 7 ; 194, 33 ; 195, 6 ; 217, 2 ; 217, 30 ; 217,
38 ; 218, 1 ; 239, 1 ; 323, 7 ; 324, 10 ; 324, 33 ; 324, 49 ; 388,
18 ; 388, 77 ; 389, 26 ; 389, 37.
NOTE. etc. printed in italics in the course of the text indicates
that matter merely repeated or of no importance is there
omitted. Words printed in italics between square brackets
[thus] are suggestions by the Editor where the MS. is
rubbed or torn.
The reference " A.P.C. " is to the printed Acts of the Privy
Council, Colonial Series.
( Ixviii. )
CORRIGENDA
Page 7 line 4 For 10 read 9.
16 28 For 5, 1337 read 5, 1317.
,, 52 ,, 4 For Hamilton read Stanhope.
63 ,, 9 For 14th read 1st.
73 18 For Hunt read Hart.
98 14 For 323 read 324.
,, 99 ,, 11 For he read be.
,, 128 ,, 13 from bottom, For Darnworth read Carnwarth.
,, 156 ,, 7 ,, ,, For manufacturer read manufac-
tures.
168 19 For Dutt read Duff.
187 18 For 344 i read 343 i.
,, 209 ,, 9 from bottom, For Wa. read Ra.
268 6 For 270 i read 268 i.
268 7 from bottom, For M.E. read M.F.
293 ,,21 For 486 read 484.
,, 310 ,, 8 from bottom, For send read sent.
COLONIAL PAPERS.
JANUARY, 1716.
1716.
Jan. 2. 1. Mr. Secretary Stanhope to the Governor of the Leeward
Whitehall. Islands. Col. John Panton is to remain in the quiet enjoyment
of his plantation till H.M. shall think fit how to dispose of that
part of St. Christophers which was the French Settlement, etc.
Signed, James Stanhope. [(7.0. 5, 190. p. 328.]
Jan. 5. 2. H.M. Commissions for Joseph Addison and John Moles-
worth to be Commissioners for Trade and Plantations. Signed,
Wrighte. Copy. [C.O. 389, 37. pp. 98-115.]
Jan. 9. 3. Mayor of Dartmouth to Mr. Popple. The Newfoundland
Dartmo. traders agree that the Newfoundland trade labours under these
difficulties ; (1) The New England ships frequent Newfoundland
in such numbers, laden with rum, mellases, sugar and tobacco,
which they sell in every creek and cove, whereby the labourers
are debauched, become sottish and idle, and are seduced to
purloyne their masters' stores, etc. In the end of the fishing
season, under pretence of great wages, they carry our men to
New England, etc. (2) The fishery from these parts is cheifly
managed by boat keepers, who seldom conform to the Act by
carrying one third of their company green men, and the few
green men they doe carry they seldom take care to bring home
again, but incourage them to go to New England, on purpose to
save themselves the charge of their passages home. (3) The
planters for the most part sell strong liquors and tobacco, whereby
their servants as well as ours are debauched. (4) Our English
fishery is discouraged from being extended to Placentia by Col.
Moody, etc. v. following. Signed, Anth. Holdsworth, Mayor.
Endorsed,, Reed. 16th Jan., Read 1st Feb., 17}f. Addressed.
2 pp. [C.O. 194, 6. No. 4.]
[Jan. 10.] 4. Merchants and owners of ships trading from Poole to
Newfoundland to the Council of Trade and Plantations. (1) By
the great quantitys of liquors and tobacco (wch. pays no duty)
imported into Newfoundland by ye New England ships and
from other parts our fishermen are debauched and the fishery
thereby much hindered, and the New England ships have oppor-
tunity to carry of our fishermen to New England, as allso by an
encouragemt. yt. Governmt. gives ym. of 2 per head to all such as
shall go thither. Pray f 01- a total prohibition of liquor and tobacco
from all parts except Great Britain. (2) Contrary to the Act,
Wt. 26355. B. & S. 375. C.P. 1.
COLONIAL PAPERS.
1716.
that ship's rooms should not be taken by planters, they build
storehouses, stages and cook rooms and dwelling houses over the
sea before ship's rooms to the great prejudice of the fishing ships.
Pray that the fishing Admirals may inspect the same and enforce
the Act under a penalty, etc. (3) Many ships belonging to aliens
have used the fishery and trade of Newfoundland, to the great
prejudice of the fair English trader. Pray that the master and
one of the owners of every ship trading to Newfoundland be obliged
to make oath before the collector of the Customhouse where she
clears out that her cargo and fishery belongs to H.M. subjects
of Great Britain and Ireland and no alien owns any part, etc.
(4) The Newfoundland owners of the fishing ships had reason to
believe they might enlarge their territorys and might go to
any harbour wch. was quitted by the French to the Crown of
England etc. But Governor Moody and others have pretended
to have bought the French plantations and fishing rooms etc.
Moody hath sold several and let out some to hier and taken others
to his own use, to the great discouragement and prejudice of our
fishing ships, etc. Moody hath permitted the French ships
directly from France to come and fish and trade there and allso
have taken the power out of the fishing Admirall's hands. (5)
To prevent any oppression to poor labouring fishermen by any
millitary or publick officer, pray that no millitary person under
any pretence wtsoever do intermeddle with the fishery or fisher-
men inhabitants or others, nor keep any fishing boat by himself
or company etc., nor let any soldier out to hier, nor any soldier
be imployed in catching, cureing or makeing fish, nor shall use
any manner of merchandize or trade, nor have any suttling house,
without the lines of the fortifications, nor shall any officer or
soldier have any house without the lines of the fortifications,
nor take up any gardens for private use to themselves that have
served or may serve for fishing room, according to the judgment
of the fishing Admirals. (6) And whereas of late years the
Commodores in Newfoundland have [? held Courts] and sent
their warrants to remote harbours for commanders of fishing
ships in the higth of fishing season upon the frivelous complaints
of idle debauched men and others without the complaint being
first heard by the fishing Admirals according to the Act, to the
great prejudice of our fishery, pray that all complaints may be
decided by the fishing Admirals in the several harbours where
any complaint ly's, and that no Commodore shall presume to
intermeddle wth. debts between merchts., masters and planters,
and fishermen as they have lately done to our great prejudice.
And wee pray that those men of warr that are sent to Newfound-
land to protect the trade may have orders, that in case of any
piracys upon that coast or mutinys in any of the harbours upon
notice given may be obliged to come to their assistance. (7)
That no persons retail wine, brandy or any other liquors in the
fishing season to any fisherman or others concerned in the fishing
but to his own servts. That all goods of the growth, manufacture
and product of Great Britain, may be exported from hence duty
free for the benefit of the Fishery, and that all oyls, blubber,
AMERICA AND WEST INDIES.
1716.
furrs and fish taken or made in Newfoundland by the subjects
of Great Britain, may be imported into Great Britain duty free,
etc. (8) That all fishermen belonging to ships or planters shall
fish till the last day of August, if required, (for several years past
the fish have come in later than formerly when they only fished
till the 20th). That all fishing Admiralls shall have power to
give corporal punishment to all of wt. degree soever that shall
prophane the Lord's Day called Sunday and to all common
drunkards, swearers and lewd persons. (9) Since the true worship
of Almighty God is the glory of all lands a sufficient number of
ministers of the Church of England may be sent to reside in the
principal harbours etc., the country being very poor, that they
may have a maintenance from England. Signed, Wm. Skinner,
Mayor and 23 others. Endorsed, Reed. 10th Jan., Read 1st
Feb., 17$. 3 large pp. [C.O. 194, 6. No. 3.]
Jan. 10. 5. Mr. Burchett to Mr. Popple. Captain Falkingham, H.M.S.
Admty. Office. Gibraltar, being arrived with her in the Downes, he has sent me
the enclosed scheme, etc. Signed, J. Burchett. Endorsed,
Reed, llth Jan., Read 1st Feb., 17$. 1 p. Enclosed,
5. i. Capt. Falkingham's scheme of the Newfoundland Fishery
for 1715. Duplicate of C.S.P., 1715, No. 636 ii., q.v.
[C.O. 194, 6. Nos. 9, 9 i. ; and (without enclosure) 195, 6.
p. 182.]
Jan. 10.
Whitehall.
6. Circular letter from Mr. Popple to the Mayors of Byddeford,
Exeter, Plymouth, Dartmouth, Weymouth, Poole, Foway,
Bristol. The Parliament being now sitting, the Council of Trade
and Plantations desire your answer to my letter of Dec. 3rd, 1715,
with all dispatch. [C.O. 195, 6. pp. 157, 158.]
Jan. 12. 7. Order of King in Council. Referring representations of
St. James's, the Council of Trade and Plantations, (i) for approving the Act
of Barbados docking the entaile of Mount Lucie Plantation, (ii)
on the settlement of the Bahamas, and (iii) on the petition of
the African Company to be allowed shipping for the encourage-
ment of that trade, to the Lords of the Committee of the Privy
Council, for their report. Signed, Edward Southwell. Endorsed,
Reed. 8th, Read 16th Jan., 17if. 1 p. [C.O. 28, 14. No. 61 ;
and 29, 13. pp. 349, 350.]
[Jan. 16.]
8. Capt. Taverner to Mr. Popple. So many things talkt
yesterday by the Lords wch. they desired me to inform them
off, part of which I have forgot. Desires particulars. Signed,
Wm. Taverner. Endorsed, Reed. 16th, Read 17th Jan., 17$.
Addressed. \p. [0.0.194,5. No. 109 ; and 195, 6. p. 159.]
Jan. 17.
Whitehall.
9. Mr. Popple to Capt. Taverner. What the Board desired
of you on Friday last, was, that if you had any thing to add to
your Remar ks on Newfoundland etc., March, 17^f , you would draw
it up in writing and lay it before them, adding likewise an account
of such towns as send ships on fishing voyages, and such as send
COLONIAL PAPERS.
1716.
Jan. 19.
Fowye.
Jan. 19.
Jan. 19.
Whitehall.
Jan. 21.
Treary.
Chambers.
Jan. 23.
London.
to trade, as also your particular observations upon the places
yielded to us by the French, what abuses are committed there if
any ; what stages, and fishing rooms there are, by whom possessed,
and what advantage is made of them : and your opinion what
may be done to make those places of benefit to this kingdom.
[(7.0. 195,6. pp. 160, 161.]
1 0. Mayor of Fowey to the Council of Trade and Plantations.
Reply to 3rd Dec., 1715. This port are intirely onacquainted with
the Newfoundland trade, etc. Signed, Wm. Toller, Mayor.
Addressed. Seal. \ p. [C.O. 194, 6. No. 7.]
11. Petition of Mr. Bridger to the Council of Trade and
Plantations. H.M. has been graciously pleased to renew peti-
tioner's commission, but there is now a stop put to the payment of
his salary at the Navy Board, by an order from the Lords of the
Admiralty, who have sent their reasons to the Treasury why his
commission should not be continued. Prays for their Lordships'
intervention, etc. Endorsed, Reed. Read 19th Jan., 17jf . 1 P-
[C.O. 5, 866. No. 72 ; and 5, 914. p. 302.]
12. Mr. Popple to Mr. Lowndes. Desires copies of reasons
referred to in preceding. [C.O. 5, 914. p. 303.]
1 3. Mr. Kelsall to Mr. Popple. In reply to 19th Jan., encloses
following. Signed, Henry Kelsall. Endorsed, Reed. 21st, Read
25th Jan., 17^f . Addressed. 1 p. Enclosed,
13. i. Mr. Burchett to [? the Secretary of the Treasury]. Admiralty
Office, 12th Jan., 17jf. The Navy Board have again
represented, as formerly, the uselessness of Mr. Bridger's
office, which has been renewed to him. A Committee
of the House of Commons upon the Navy estimates,
recommended the discontinuance of his salary, which
was ordered by H.M. in Council 16th Dec., 1714. If
the Lords Commrs. of the Treasury think proper to
discontinue this expence on the Navy to Mr. Bridger,
the Lords Commrs. of the Admiralty think it may be
very much for the King's service to recommend it to
the Governour of New England to cause H.M. woods in
that country to be with all possible care preserved,
especially those large trees which are fitting for masts
for capitall ships, and that none of them be permitted
to be cutt without leave from H.M. Signed, J. Burchett.
Copy. 2 pp.
13. ii. Order of King in Council, 16th Dec., 1714, discontinuing
Mr. Bridger's salary. 1 p. [C.O. 5, 866. Nos. 73,
73 i., ii. ; and 5, 914. pp. 304-308.]
14. Certificate by Mr. Whinnell, mast maker, as to the
excellence of New England masts. Signed, George Whinnell,
f p. [C.O. 5, 866. No. 77.]
AMERICA AND WEST INDIES.
1716.
Jan. 24.
Plymouth.
Jan. 25.
Whitehall.
Jan. 25.
London.
1 5. Mayor of Plymouth to the Council of Trade and Planta-
tions. Reply to Dec. 3rd, 1715. Our merchants concerned in
the trade and fishery of Newfoundland know of noe regulation
that trade labours under save only foreigners encroaching on
the libertyes of this Kingdom, the which I hope care may be taken
to prevent, etc. Signed, John Crabb, Mayor. Endorsed, Reed.
27th Jan., Read 1st Feb., 17^f. Addressed. Postmark. 1 p.
[C.O. 194, 0. No. 8.]
16. Mr. Popple to Sir Edward Northey, Attorney Generall.
The Council of Trade and Plantations having under consideration
the state of the Newfoundland trade, and finding that there
are several abuses committed therein contrary to the Act for
incou raging that trade, particularly that the masters of ships do
not take care of carrying over the complement of green or fresh
men which the Act obliges them to do, nor do the Admirals of
Harbours observe the regulations therein prescribed, besides
several other things of the like nature, and their Lordships
apprehending that these abuses proceed from the want of penalties
in the f oresaid Act, desire your opinion whether in order to remedie
the said abuses it be necessary that a new Act of Parliament be
pass'd with penalties, or whether H.M. Proclamation will be
sufficient in this case or what other method you can propose to
remedy the said evils, as soon as maybe, the ships being upon
their departure for that place. [C.O. 195, 6. pp. 161, 162.]
17. Certificate of Tho. Hollams, late Commander of the
Lusitania, New England built and masted, as to the sound condi-
tion of her masts and timber after ten years. Signed, Tho.
Hollams. \ p. [C.O. 5, 866. No. 76.]
[Jan. 25.] 18. Certificate of Francis Sheldon. I am now breaking up
the Lusitania. Like other New England built ships I have broken
up, her timber and masts have answered in duration as well as
that of any other nation etc. Signed, Francis Sheldon, his
mark, l^ pp. [C.O. 5, 866. No. IS.]
Jan. 25. 1 9. Sir Matthew Dudley to the Council of Trade and Planta-
tions. Encloses following. The contents seem to be of such
moment that I assure myself e your utmost care will not be wanting
to put a stop to the practices therein complained of, your Lordps.
I know are not straingers to the great service that part of the
world may under a good and strict care be to this Kingdome by
furnishing us with Navall Stores particularly masts, such as are
not now to be had, at least with so much ease, in any known part
of the globe, my lords, I cannot but think that since the great
distinction of Navall Timbers in the Northern countryes of
Europe the maritime world must in a few years be wholly
furnished from America and what advantage it will be to Great
Britain to have allmost the sole command of them needs not be
mentioned. Proposes that the woods and wast lands in and
about Newhampshire as soon as possible be gott by purchase or
COLONIAL PAPERS.
1716.
otherwise into the hands of the Crown, and the country divided
into districts for cutting in rotation, etc. Signed, M. Dudley.
Endorsed, Reed. Read 25th Jan., 17$. 1J pp. Enclosed,
19. i. Jos. Smith to Lt. Governor Usher at Charles Town.
Hampton, 2nd Nov., 1715. Describes the great waste
of the woods in New Hampshire, " there being every
winter great number of men and teams (chiefly) from
Exeter sent up into the woods above the bounds and
heads of the towns, wh^re they cutt 1500 large pine
trees and hale them in loggs into the river called Lam-
pereale, and ye great flowing of that river, with great
rains bring them down to ye river's mouth ; out of wch.
they saw at least 2,000,000 pine boards, besides oak
planks ; and as to masts and extraordinary oak timber,
there is constantly transported to Spain and Portugal
yearly great quantities. There is one Capt. Macfrederick
who hath made some voyages from hence with the
abovesaid loading to Spain and Portugal, and is now
ready to sail with two ships from Piscataqua etc.,
his owners are two French merchants," etc. Signed, Jos.
Smith. Endorsed, Rd. Jan., 1715. Copy. 1 p. [C.O.
5, 866. Nos. 74, 74 i. ; and 5, 914. pp 308-312.]
Jan. 26. 20. Mr. Secretary Stanhope to the Council of Trade and
Whitehall. Plantations. The season of the year approaching in which it
may be proper to send such directions to the Isle of May,
Newfoundland and Annapolis Royal, as H.M. service in those
parts may require, I must desire you to have this matter under
your consideration, and to suggest to me your thoughts upon it,
that so I may receive H.M. orders in due time. Signed, James
Stanhope. Endorsed, Reed. 30th, Read 31st Jan., 17$. 1 p.
[C.O. 194, 5. No. 110 ; and 195, 6. pp. 162, 163.]
Jan. 26. 21. Merchants trading to New England to the Council of
Trade and Plantations. Propose, for the encouragement of the
importation of naval stores from America, that the inward
duties on timber be taken off, ships convoyed, and seamen
exempt from being pressed on such voyages, etc. Endorsed,
Reed. Read 26th Jan., 17$. Torn. 1 p. [C.O. 5, 866. No.
15; and 5, 914. pp. 312-314.]
Jan. 26. 22. John Bridger to the Council of Trade and Plantations.
Proposals for the improvement of Naval Stores. Hemp seed to
be sent over and distributed gratis. The inhabitants of New
England to pay their taxes in tar, etc. Signed, J. Bridger.
Endorsed, Reed. Read 26th Jan., 17$. 2| pp. [C.O. 5, 866.
No. 79 ; and 5, 914. pp. 315-318.]
Jan. 28. 23. An account of pitch, tar and masts imported from the
Custom ho. Plantations, Christmas, 1706-1714. Signed, Jo. Bicknell.
Endorsed, Reed. Read 31st Jan., 17$. 1 p. [C.O. 323, 7. No.
63.]
AMERICA AND WEST INDIES. 7
1716.
[Jan. 30.] 24. Mayor and merchants of Weymouth trading to Newfound-
land to the Council of Trade and Plantations. Grievances as
to the Newfoundland Fishery identical with those of Dartmouth,
Jan. 10. Signed, Jno. Hardy, Mayor, and 40 others. Endorsed,
Reed. 30th Jan., Read 1st Feb., 17$. 3 pp. [C.O. 194, 6. No.
5.]
[Jan. 30.] 25. Mayor of Exeter to Mr. Popple. States grievances of the
Newfoundland Fishery and proposes penalties to be added to
the Act to encourage trade, etc. Of. Jan. 10. Endorsed as pre-
ceding. Postmark. Seal. 3 pp. [C.O. 194, 6. No. 6.]
Jan. 30. 26. Certificate by Thomas Jones, mast maker, that New
England masts from 20 inches upwards are much better than
those brought from Norway, Dantzig, etc. Signed, Tho. Jones.
Endorsed, Reed. 2nd, Read 3rd Feb., 17^. 1 p. [C.O. 5, 866.
No. 80.]
Jan. 30. 27. Mr. Secretary Stanhope to the Council of Trade and
Whitehall. Plantations. Refers following for their report. Continues :
The Assembly of Jamaica has voted an Address to H.M., and
design to transmit it some other way than by the Governor. I
must therefore desire your opinion how far you find this method
precedented, and how far you judge it regular and proper.
Signed, James Stanhope. Endorsed, Reed. 1st, Read 2nd Feb.,
1 p. Enclosed,
27. i. Governor Lord A. Hamilton to Mr. Secretary Stanhope.
Jamaica, 14th Nov., 1715. I acquainted you, 8th
Aug., with the reason of the Assembly's not being to
meet sooner than the end of October. I am now to
give you some aceot. of their proceedings since that
time, but before I enter thereon, I cannot but acqt.
you with some extraordinary and unwarrantable
practices in order to the carrying the Elections in the
manner they have gone, by making many new freeholders
in several parishes for that particular end, of wch. I
shall but trouble you with one instance amongst many.
A member of this present Assembly having 19 acres
of land in the parish of Port Royal in consideration of
10, conveyed the sd. land to 20 several persons in order
to multiply votes, by wch. and many other indirect
means too long to be here mentioned, the Elections at
Port Royal and several other places were influenced
and carried ; however I was in great hopes what I
had to say to the Assembly by H.M. immediate commands
by his most gracious letter could not possibly fail
bringing them into such a temper, and to abate all
former heats and animosities so as to have brought this
Sessions to a happy conclusion, wch. I am sorry to say,
has begun very untowardly. Refers to Minutes of
Council and Assembly, " by which you will at one view
see the unreasonableness of the proceedings of the
COLONIAL PAPERS.
1716.
latter, and particularly in relation to the Companies."
Continues : Their resolutions of Nov. ye 5th I thought so
extraordinary, and inconsistent even with their own
Address to ELM. that I conceived it necessary to com-
municate the same to the Council, to have their advice and
opinion thereon, by wch. I am desired to represent the
whole matter home, in order to it's being laid before
H.M. as well to know his further pleasure and direction
thereupon, as to have H.M. orders in the like cases for
the future. The necessity of this, Sir, will plainly
appear to you from the Assembly's not only refusing
to pay the debt contracted for subsisting the soldiers
hitherto, but from the manner of their providing for
them for six months, and in case 200 men do not come
to the Island by the encouragement of a Bill wch. is
still under their consideration, in that case they are to
be provided wth. salt beef and flower for six months
longer, by all wch. it is evident they only intend to
provide for them till that number of men arrive ; it is
with concern and indignation I see so much obstinacy
and undutyfulness to H.M. after the extraordinary
marks of grace and favour H.M. has already been
pleased to confer on this Island, having therefore no
hopes of obtaining any further subsistance from hence
for these Companys, which the Council unanimously,
and a considerable part even of this Assembly, are of
opinion to be absolutely necessary for the safety of the
Island. And if H.M. shall still judge so, it will be
necessary that other measures be taken for their
subsistance, which I shall not presume to point out,
but give me leave to assure you, that should these
Companies be recalled or broke, I shall not think my
serf safe where I am from the negroes, and even from
insults otherwise ; I must therefore intreat you to lay
this matter before H.M., that his further pleasure
therein may be signified as the exigency of this affair
requires. As to the discharge of the debt (an accot.
of wch. is herewith inclosed, the ballance being allowed
by the Assembly to be just) I can propose no other
method for it's payment from hence, other than by
H.M. being pleased to give particular order for it's being
paid out of the first and readyest of his Revenue here
if H.M. shall approve thereof. I intreat the favour of
your countenance to the inclosed Address from my self
and the Council that it may receive a favorable reception
from H.M. The Assembly having thought fit to address
separately, and not to intrust me with the forwarding
of it, I think it my duty to send you a copy thereof.
Upon the news we received of an intended invasion
mentioned in H.M. speech to his Parliament, I did
with the unanimous advice of the Council cause the
inclosed Proclamation to be published here. H.M.
AMERICA AND WEST INDIES. 9
1716.
sloop the Jamaica having in sight of this Island lost
her mast in a late storm was obliged to bear away to the
Great Caimanas off Cuba where endeavouring to harbour,
she was stranded on the rocks, but the men are all saved.
Many of our trading vessels have of late been attacked
and taken by Spaniards, pretending to have Commissions
for guarding the coast, whereby our merchants are so
discouraged that I look on our trade to Cartagena and
Porto Bello to be now entirely over. I doubt not but
before this you will have had an accot. of the great loss
the Spaniards have sustained in these parts by the
shipwreck of their galleons homeward bound with a
vast treasure on board, some at Vera Cruse, others in
their passage thro' the Gulf of Florida. If I am imperfect
or short in this accot., I hope it may be excused from the
multiplicity of business and the hurry I am in to save
this conveyance. Signed, A. Hamilton. Copy. 3 \ pp.
[C.O. 137, 11. Nos. 2,21; and 138, 14. pp. 350-356.]
Jan. 31. 28. Mr. Popple to Sir E. Northey. The Council of Trade
Whitehall. an( j Plantations having been pressed by H.M. for their immediate
report upon Newfoundland, desire your answer to Jan. 25,
to-morrow morning if possible. [C.O. 195, 6. pp. 163, 164.]
Jan. 31. 29. Mr. Attorney General to Mr. Popple. Reply to Jan. 25
(quoted). I am of opinion it will be necessary to oblidge the
observation of ye rules in ye Act of ye 10th and 1 1th of K. William,
that a new Act be made laying penalties for not observing the
same, and directing how and where such penalty es shall be
recovered, and yt. a proclamation requireing the observing the
rules in yt. Act will have noe effect. Signed, Edw. Northey.
Endorsed, Reed. Read 1st Feb., 11$. If pp. [C.O. 194, 6.
No. 1 ; and 195, 6. p. 164.]
Feb. 1. 30. Mr. Burchett to Mr. Popple. The time for the continu-
Admty. Office, ance of the passes sent to the Plantations being expired, and my
Lords Commissioners of the Admiralty designing to send some
more, they desire to know how many may be necessary for ships
and vessels belonging to each Government and Plantation, to
secure them from the Argerines [=Algerines, Ed.}, and trading
from one Island to another, or other places, but not coming to
England to be furnished with such passes here. Signed, J.
Burchett. Endorsed, Reed. 1st, Read 3rd Feb., 17 jf . Addressed.
1 p. [C.O. 323, 7. No. 64 ; and 324, 10. pp. 88, 89.]
Feb. 2. 31. Council of Trade and Plantations to the King. There
Whitehal. being at present, by the resignation of Francis Oldfield, Esqr.,
a vacancy in your Majesty's Council of Jamaica, we humbly
offer William Broderick, your Majesty's Attorney General in that
Island, to supply the vacancy etc. [C.O. 138, 14. p. 349.]
10
COLONIAL PAPERS.
1716.
Feb. 3.
Whitehall.
Feb. 3.
Whitehall.
32. Circular letter from Mr. Popple to the Agents of the
Plantations, (James Campbell, for Newfoundland ; Col. Blakiston,
Micajah Perry, Virginia ; Jno. Champante, New York ; Jeremy
Dummer, New England ; Stephen Duport, Joseph Jory, Leeward
Islands ; John Thurston, Jamaica ; Wm. Heysham, Barbados ;
Sir Jno. Bennet, Bermuda).
The Council of Trade and Plantations desire to speak with
you on Wednesday upon enclosed letter relating to passes etc.
(v. Feb. 1st.) [(7.0. 324, 10. pp. 89, 90.]
33. Council of Trade and Plantations to the Lords Commis-
sioners of the Treasury. Having considered the reasons offered
by the Admiralty to your Lordships against the continuance of
Mr. Bridger's office (v. Jan. 21), we find no reason to alter anything
in our opinion of 3rd Aug. last (copy inclos'd) : and we observe
the Lords of the Admty. are of opinion with us, that the woods in
those parts ought to be preserved with all possible care ; with
this difference only that it may be done by the Governor. But
how far a Governor of a Charter Government whose very salary
depends upon his interest with the people, may be a proper person
to perform effectually this necessary service, is submitted to your
Lordps. Tho' this were not the case, it is not to be suppos'd
that a Governor can do this work himself, both for want of
leisure and knoledge in the method of manufacturing the several
species of Naval Stores : he must therefore employ some other
person who must be paid for his labour and time. But the
Governments in New England, who are so much concern'd in the
destruction of the woods, by converting the trees fit for masts
into boards and logs, will never consent to pay such an officer,
who is to abridge them of that liberty ; he must therefore be
pay'd by the Crown, if it be expected he should do his duty, and
effectually perform the service. We would not by this be
understood to favour the pretentions of any particular person,
but only to shew the usefulness of such an officer, and the necessity
of his being qualified, as mentioned Aug. 3rd. We have of late
been often attended by several New England planters and
merchants and some mast makers, who all affirm (particularly
the last) that the New England masts of 24 inches diameter and
upwards are as good and durable as those from Riga and Gotten-
burgh and even preferable to them for their soundness. The
necessity of a Surveyor commissioned by H.M. to preserve the
woods, will the more plainly appear to your Lordps. from the
inclosed accounts of the waste and destruction in them (v. Jan.
25th). It is indeed objected that during Mr. Bridger's stay there
the trees were cut down and destroy'd. This we look upon
rather to represent the office as ill executed than as useless in
itself. However in justice to Mr. Bridger, we must observe,
that he made several seizures of masts which were discharged
by the partiality of the Courts there ; and as to complaints
exhibited against him here, upon the strictest examination we
do not find them supported. We take leave further to observe,
that besides the care of preserving the woods, the Surveyor ought
AMERICA AND WEST INDIES.
11
1716.
Feb. y\-
London.
Feb. 7.
Whitehall.
Feb. 7.
Virginia.
[Feb. 8.]
to be capable of instructing the people in the method of preparing
trees for the production of tar, and in the method of raising and
curing of hemp. [C.O. 5, 914. pp. 319-322.]
34. Marquis de Monteleone to [? Mr. Secretary Stanhope].
I beg your Excellency to order the Governor of Carolina to remit
to you by the first opportunity, the money etc. stolen by a pirate,
referred to below. Signed, Monteleone.. French. 2 pp. En-
closed,
34. i. Inventory of jewels etc., belonging to the Spanish
Marques de Navarres, Governor of Popayan, an inland
towne some distance from Cartagena, deposited with
Governor Charles Craven by James Cumberford, marcht.
of Jamaica, for the use and security of the said Marques.
June 2nd, 1715. Charles towne, South Carolina. l?pp.
34. ii. [?] to [? the Marques de Monteleone]. The [preceding]
inventory was sent July 8th from Charles towne by one
James Cumberfort, who went supercargo of an English
brigantine who carried the Marques de Nevares from
Jamaica back to some of ye Spanish Plantations. The
Master one L[e]wis sett a shoar at St. Martas ye said
Marques and promiss'd to send him his goods ashoar ;
but insteed broke up sume of his truncks and took out
of them a great deal of riches part of which is putt down
in ye said inventory. Cumberfort, not approving of
what ye master had done, whilst he was ashoar, and not
being able to oppose ye master and crew, dissembled,
till they came to Charles town where he gave information
to Governour Craven who seis'd ye ship and seamen
etc. The Governour refused to give him an authentick
testimony of ye goods he had delivered up to him etc.
1 p. [C.O. 5, 387. Nos. 2, 2 i., ii.]
35. Council of Trade and Plantations to Mr. Secretary
Pulteney. We desire you will communicate to us what lights
you have upon the state of Annapolis Royal and the garrison
there, and if there are any officers in town lately come from thence.
[C.O. 218, 1. p. 285.]
36. A.N. to the Council of Trade and Plantations. Encloses
following. Signed, A. N. Endorsed, Reed. 23rd April, Read
1st May, 1716. Addressed. Postmark. \p. Enclosed,
36. i. R.C. to the Council of Trade and Plantations. Anon-
ymous complaints against Lt. Governor Spotswood,
in the form of questions. Signed, R.C. 2 closely written
pp. [C.O. 5, 1317. Nos. 15, 15 i.]
37. Mr. Dummer to Mr. Popple. A violent cold prevents
my coming out. To-morrow morning I hope to be at the Board
about the Mediterranean passes, etc. Signed, Jer. Dummer.
Endorsed, Reed. Read 8th Feb., 17$. 1 p. [C.O. 5, 866. No.
81.]
12
COLONIAL PAPERS.
1716.
Feb. 8.
Feb. 8.
Jamaica.
38. Mr. Thurston to Mr. Popple. I have been so severely
handled, to-night, with the cholick, etc., that I pray you will
get another day to be appointed for me to attend the Board. But
if it be only to know what number of ship passes may be necessary
for Jamaica, I find 20 may be sufficient, etc. Signed, J. Thurston.
Endorsed, Reed. Read 8th Feb., 17}f . 1 P- [C.O. 137, 11. No.
4 ; ami 138, 14. pp. 356, 357.]
39. Mr. Blair, Speaker of the Assembly of Jamaica, to the
Council of Trade and Plantations. The Assembly of this island
having been made sensible of your Lordships' great goodness in
successfully recommending to H.M. favour two such beneficial
laws as the Acts for quieting of possessions and that for regulating
fees (which laws tho' of the last consquence to this Island, and
which the inhabitants thereof have had so long at heart, have
been by designing persons obstructed till the best of King's
by his great judgment has placed persons at the Board which
were not to be imposed on) do lay hold of this first opportunity to
return your Lordships their humble thanks, etc. Signed, J.
Blair, Speaker. Endorsed, Reed, (from Mr. March) 12th, Read
15th May, 1716. 1 p. [C.O. 137, 11. No. 15.]
Feb. 11.
St. James's.
40. Lords Proprietors of Carolina to Mr. Secretary Stanhope.
Reply to letter of 10th Nov. We have sent to Mr. Craven our
Governor of South Carolina directions to send a speedy answer
to the charge exhibited against him etc. and positively orderd
him to restore the goods of the Marquis de Navarres, etc. (v. 3rd
Feb.), and likewise to answer how John Lewis happen'd to make
his escape etc. The first letters we receive shall be transmitted
to you, and nothing shall be wanting on our part to do justice
and vindicate the honr. of our Government etc. Signed, Carteret,
P., Ja. Bertie for Beaufort, Fulwar Skipwith/or Craven, J. Danson.
1 p. [C.O. 5, 387. No. 3.]
Feb. 13. 41. Mr. Secretary Stanhope to the Lords Proprietors of
Whitehall. Carolina. Refers to his letter of Nov. 10 last, concerning John
Lewis. Continues : It is H.M. pleasure that you give, without
delay, particular and strict orders to the Govr. of South Carolina
to send hither by ye first opportunity what money, plate, jewels
or any other effects whatsoever which belonged to the Marquis
de Navarres, that so the same being lodged in your hands, of
which you will acquaint me as soon as they arrive, H.M. may
dispose of them as to him shall seem just. Signed, James
Stanhope. [C.O. 5, 190. p. 329.]
Feb. 14.
Whitehall.
42. Council of Trade and Plantations to the Lords Commis-
sioners of the Treasury. Enclose Office accounts from Midsummer
to Christmas last. There is a salary due to this Commission,
Secretary and under Officers for six months ending Christmas last.
Accounts, certified, annexed. [C.O. 389, 37. pp. 116-118.]
AMERICA AND WEST INDIES. 13
1716.
Feb. 14. 43. William Shirreff to the Council of Trade and Plantations.
Being bound to Annapolis Roy all, I lay before you the necessitys
that place may probably in a short time be reduced to for want of
provisions, having neither money nor creditt att Boston, nor any
other supply sent them, than what yor. Lordships were graciously
pleased to procure in Jully last, wch. being but for six months
att six to four men's allowance, will by this time be very nigh
expended etc. Signed, Wm. Shirreff. Endorsed, Heed. 14th Feb.,
Read 28th March, 1710. Addressed, f p. [C.O. 217, 2. No.
15.]
[Feb. 15.] 44. Capt. Taverner to Mr. Popple. Encloses following.
P.S. Please to remember the New England men that carrys of
the fishermen from Newfoundland. Signed, Wm. Taverner.
Endorsed, Reed. 15th, Read 29th Feb., 17-}f . Addressed, f p.
Enclosed,
44. i. Abstract of following.
44. ii. Capt. Taverner's remarks upon the present state of the
South part of Newfoundland. Great Placentia and
Point Vert are both destitute of inhabitants, houses,
stages etc., all lying waste except a few houses, possessed
by some French people, which keep no boats. This is
very surprissing because that place was cry'd up by the
English before they had it, to be the best fishing place
in the land, the greatest part of inhabitants, in the old
English settlements, are ruin'd by the badness of the
fishing on that coast, yet not one of them is come to
Placentia. Their reasons are that a general report,
was spread abroad by his enemies, that Coll. Moody,
and severall New England merchants, had bought all
the French plantations, at Placentia, and Point Vert,
that if any person came there to settle, he would be
oblig'd to hire a plantatn. of some of them at an extrava-
gant rate. That severall of the garrison were put
into houses, in the town, by Col. Moody, to sell his wines,
that the soldiers came over to the town, when they
pleas'd often got drunk, stealing of people's goods, and
counting abundance of disorders, so that 'twas not
posible, for ships, or inhabitants, to settle or fish there,
etc. Col. Moody did buy all the stages, houses etc., of Mr.
Costebelle, the late French Governor, on the north side,
where the Fort stands, and severall plantations in the
town, and New England merchants several also in the
town. When complaint was made to Col. Moody about
the soldiers, they were not suffered to remain in the
town at night. If soldiers have the liberty to keep
taverns in the town, alias Great Beech, and their brethren
to come over when they please, neither ships or planters
will ever go there to fish. There are a great many
houses, stages, beeches, in Little Placentia, and the
coast of Chapeaurouge, which are left destitute, it's a
great pitty, etc. If the inhabitants will not come,
14 COLONIAL PAPERS.
1716.
the ships never will. At Ogeron fish'd last season a ship
belonging to St. Sebastian, and one belonging to St.
Jno. de Luz at Burein. At St. Peters and the places
adjacent, seventeen of the inhabitants which I adminis-
tred the oaths to in 1714, by the perswasion of a French
priest went off with their families in Oct. to Cape
Britton, leaving their stages, houses etc., which are
unpossfessjed, those men pretend to sell those plantations,
that if anyone makes use of them, without buying, shall
pay an extravagant rate, adding that as they took the
oath, according to the Treaty, they are intitiled to the
same liberty as any Brittish subject, that altho they
are removed to Cape Britton they may return to their
former setlements when they please. For these reasons
none of H.M. subjects will inhabit those parts untill
H.M. pleasure is known about those plantations, etc.
If they were inhabited by the English, they would take
a farr greater quantity of cod-fish than in the former
English settlement, but also considerable quantitys of
furrs, and salmon, especially furrs, in case the French,
and Indians from Cape Britton, was prevented, for
comeing over and wintering at Cape Ray and the
places adjacent. Refers to La Garrantier Tulon
(v. Feb. 17) who bought the plantation of Mme. du
Burre of St. Malo and in April last brought thence
in a French ship not only fishermen, and green men,
provisions, craft etc. for the plantation, but also men,
provisions, clothes and fishing craft, for the rest of
the inhabitants, all wch. was landed at St. Peters,
a great deal of the goods sold to the inhabitants, all
of it on accot. of Mme. du Burre, as appeared by
Gallantrie's own confession. He is now in France and
designs to repeat his voyage in March, carrying with
him fishermen and aprentices to keep 6 or 8 boats all sorts
of clothing, and fishing craft necessary for his voyage,
and have commissions from the inhabitants there
which are all French to bring them men, provisions,
clothing and craft as last year, all this upon accot.
of Mme. du Burre, so that at present none of our British
ships have any bussiness in that part of the country.
I told him he could never expect to be allow'd this
liberty etc., for in that respect, St. Peters would be a
nursery to breed French seamen, he answer'd would doe
it untill was prevented by an order of the government.
In Sept. and Oct. last came a French ship belonging to
St. Mallo, from Cape Britton loaden with salt, wine,
brandy, provissions, and fishing craft, wch. was dispos'd
of in a great measure to those French inhabitants ; they
loaded aboard that ship 1000 quintal of fish, about
Cape Ray and the harbours adjacent fish'd 8 sail of
French Biscayers. In Sept. last from Cape Britton
several of the French inhabitants' servants, came over
AMERICA AND WEST INDIES. 15
1716.
to Cape Ray, and the coast adjacent, to kill furrs,
and hunt. Some of them came as far to the eastward as
the bays de Espere. The French inform me that about
Cape Ray was abundance of furrs, that the martin there
was the largest and finest in the world, that some
hunters had on the coast, seen 1000 deer in a company,
that the Indians, from Cape Britton did frequently
come there in shallops to furr and hunt in the winter
season. This two last seasons, a ship belonging to
Guernisy, fish'd at St. Peters, the first season kept 8
boats, the last 16 boats, his principall officers, and most
of his men were Mallouins, his fishing craft, and provi-
sions all French, except bread. I was inform'd that
several other Guernisy vessels, which fish'd in other
places were man'd, and victul'd the like, which I look
on to be a detriment to the subjects of Brittain, and it
seems reasonable, to beleive that the merchts. of St.
Mallo are concern'd in their ships. Upon the whole,
its very plain that neither inhabitants, nor ships have
incouragement to settle or fish in those parts. The
French from Cape Britton are very industrious in
spreading reports that the Indians of Cape Britton are
comeing to St. Peters and the harbours adjacent to
plunder the French inhabitants that remain there,
their design in so doeing is to hinder the inhabitants
of those places from goeing to Cape Ray to catch furr,
and the English inhabitants to settle in those harbours,
their design hitherto have had ye desired effect, for
neither will any boat go a furring on that coast, nor is
there one Englishman as yet, come to settle there,
besides this engine of the French have frightned away
a great many of the inhabitants, servants which have
taken the oath, being afraid of the Indians, comeing.
It's plain that the French, by their strategems and
cunning, doth at present make that part of the land
of little or no use to Brittain, which is the best part of
Newfoundland for fishing, furring, fowling, masts,
etc., and no doubt but that the French will incroch
upon us so far as to take that valuable part of Newfound-
land to themselves once more, in case it's not speedily
prevented by proper orders, etc. Have in the Heads of
an Act of Parliment (No. iii.) prescribed proper remedies,
to prevent those evils, could the Indians, of Cape Britton,
be prevented from comeing over to Newfoundland, it
would be of great use to the Trade. 8| pp.
44. iii. Heads of an Act to encourage the Trade and Fishery
of Newfoundland, proposed by Capt. Taverner. 13 pp.
[C.O. 194, 6. Nos. 12, 12 i.-iii. ; and 195, 6. pp. 204-
240.]
Feb. 16. 45. Lt. Governor Spotswood to the Council of Trade and
Virginia. Plantations. Replies to letters of 4th and 18th Aug. Describes
16 COLONIAL PAPERS.
1716.
his endeavours to regulate the passing and auditing the accounts
of H.M. Revenue. The number of the Militia is about 14,000
horse and foot and of tithables 31,658. Is removing arms and
stores of war to a new magazine and will send an account of
them. Hopes that the Tributary Indians, under his new regu-
lations will prove useful friends. The most considerable nation
of them are settled on the frontier at a fort he has lately built,
which is to be maintained by the Indian Company. All the
Indian trade of the Colony is carried on there. " The Company
have out of regard to their permitting their children to be educated
in the Christian religion agreed to furnish them with goods at a
cheaper rate than any other forreign Indians." As they are
well content, believes they will prove a good barrier against
foreign Indians and keep the other Tributaries in awe. In
order to their conversion to the Christian faith, has at his own
expense settled a schoolmaster amongst them, who has 100 of
their children under his care. Encloses proposals for the settle-
ment of the boundarjr with N. Carolina, the only scheme in which
both Governments have hitherto been able to acquiesce. Des-
cribes its advantages and asks for directions thereon, etc. Signed,
A. Spotswood. Endorsed, Reed. 18th April, Read 16th May, 1716.
4| pp. Printed, Va. Hist. Soc. Coll., Spotswood Papers, II., 139.
Enclosed,
45. i. Proposals for determining the bounds between Virginia
and N. Carolina. Signed, A. Spotswood, Charles Eden.
Endorsed as preceding. If pp. Printed, N.C. Col.
Rec. II., 221 ; Spotswood Papers, II., 141. [C.O. 5,
1337. Nos. 31, 31 i. ; and (without enclosure) 5, 1364.
pp. 362-371.]
Feb. 17. 46. Mr. Popple to Capt. Taverner. Encloses following for
Whitehall, his answer. [C.O. 195, 6. pp. 203, 204.]
[Feb. 17.] 47. Petition of David Arbuthnot and Thomas Young,
owners, and William Cleeves, commander, of the Golden James
of Pool, to the Council of Trade and Plantations. Repeat
complaints of Cleeves, 1715 (q.v.) against Capt. Taverner at
Newfoundland. They have met with further discouragements
from him this year, etc. Signed, Dad. Arbuthnot, Tho. Young,
Willm. Cleeves. Endorsed, Reed. Read 17th Feb., 17jf . 3 pp.
Enclosed,
47. i. Peter Tupper and Wm. Cleeves to Lt. Governor Moody,
St. Peters, 4th May, 1715. On the 2nd inst. arrived
here the St. Elina Modesta of and from St. Malo bound
for Cape Briton, in which came M. Garantre Tulon, who
took the oaths of fidelity last year in this place. He
brought with him provisions etc. for his plantation,
concerning wch. he now comes to you, we haveing not
permitted him to land sd. effects untill he produce an
order from you, because brought in a French bottom.
The plantation he says he is now owner of must have
been bought or given him since Nov. 30 (N.S.), because
AMERICA AND WEST INDIES. 17
1716.
Cleeves was offered it in a letter of that date by Mme. de
Beausyour of St. Malo, etc. Signed, Pr. Tupper, Wm.
Cleeves. Endorsed as preceding. Copy, p.
47. ii. William Cleeves to Lt. Governor Moody, St. Peters,
4th May, 1715. Complains that his voyage last year
was ruined by the French being allowed to dispose of
their salt. Having now brought another cargo of salt
from the Isle of May, prays that a stop be put to French
trading. Signed, Wm. Cleeves. Same endorsement.
Copy. | p.
47. iii. Lt. Governor Moody to Mr. Tupper and Mr. Cleeves.
I find you expect that Tulon should throw his salt into
the sea, and run the risk of starving, in order to be
obliged to purchase from you, very reasonable indeed !
etc. You may happen to feel the heavy displeasure of
ye Governmt. for yor. tyranny over H.M. new subjects
unless you can shew the King's authority for what
you have taken ye liberty to doe unto them both this
and ye last year, the French inhabitants complaining
to me dayly that they are not able to live under such
cruel tryanny etc. I would advise you to mind yor.
fishing and deliver Monsr. Tulon his goods, etc. Signed,
J. Moody. Same endorsement. Copy. 2 pp. [C.O.
194, 6. Nos. 11, 11 i.-iii.]
Feb. 17. 48. Council of Trade and Plantations to Mr. Secretary
Whitehall. Stanhope. Reply to Jan. 30. Having considered Lord A.
Hamilton's letter, we beg leave to acquaint you, that in our
books, we find two precedents of Assemblys in the Plantations
attempting to address separately from the Governor and Council
and to have that address presented by Agents of their own.
Quote case of Virginia, 1701, and report of Board of Trade [C.S.P.
1702, No. 497] that such a practice " would prove of very ill
consequence, except only where those representations contain'd
matter of complaint against Governors," etc. ; and of Barbadoes
1705 [v. C.S.P. 1705, Nos. 570 i., 931]. Continue: "Since
which we don't find any of the Assemblys offering at this method
of addressing till lately that of Jamaica. We observe the only
cases wherein the Commissioners for Trade thought this practice
allowable were, when the Addresses contain'd matter of complaint
against the Governor for maladministration, or when he refus'd
to transmit or represent what they desir'd. By the letter of my
Lord A. Hamilton which you have transmitted to us, and by the
Minutes of the Assembly of Jamaica, we find that upon the 3rd
of Nov. last the Assembly agreed to one Address, and order'd
their Speaker to transmit it to such person or persons in Great
Britain as he shou'd judge most convenient, neither asking the
Governor to transmit it nor taking at all notice of him nor the
Council. We do not find that this Address contains any complaint
against the present Governor of Jamaica for maladministration,
oppression or act of injustice, neither had this Assembly, when
they transmitted this Address in so unusual a way, made any such
Wt. 26355. C.P. 2.
18 COLONIAL PAPERS.
1716.
complaint. To which we must add that by what appears by
our books, he seems exactly to have follow'd his Instructions.
We are therefore of opinion that in a case of this nature such a
method of presenting their Address ought to be discountenanc'd.
Before we speak to the other parts of his Lordship's letter, we
cannot but take notice that not only the Assemblys of Jamaica,
but of several other Colonies in America, as has been represented
by the respective Governors, have of late, pretended to assume
new privileges and powers, which if not prevented may tend to
the weakening of H.M. prerogative in those parts. As for the
Assembly of Jamaica in particular, it might have been hop'd
from the extraordinary marks they had receiv'd of H.M. goodness
in passing the two Acts which they so long wish'd for, and which
their Governor had so frequently sollicited, they wou'd have
comply'd with what H.M. recommended to them in His most
gracious letter, and that they wou'd readily have agreed to the
repaying what had been advanced by the Governor and Council
for the subsisting the late Regiment of Col. Handasyde, and the two
Independent Companys now there, and that they wou'd have
made further provision for the said two Companies. But to
our surprize they have voted the one no debt, and propos'd an
extraordinary method of providing for the other. We cannot
give you a clearer view of the justness of this debt than by
referring you to the state of it drawn up and unanimously agreed
to by the Council of Jamaica upon 12th Nov. (Copy enclosed.)
If they do not find some method for discharging this debt it
may have very ill consequences, since it will throw the burthen of
such debts, wch. are contracted for their own defence, and there-
fore ought to be supported by themselves, upon H.M., and
because it will ruin the credit of the Government there in such a
manner, that upon the most pressing and extraordinary occasions
no man wou'd venture to advance anything upon it. However
till the Assembly can be brought to a due temper in this matter,
there does not at present occur to us any other method than what
the Governor has propos'd for the discharge of that debt, viz :
That H.M. be pleas'd to give particular order for its being paid
out of the first and readiest of His Revenue in that Island.
The manner in which the Assembly hath provided for the two
Independent Companies appears to us likewise very short of
what might have been expected from them. We observe they
have provided for these two Independent Companies (even in
their salt beef and flower) only for six months, and in case 200
white men be not landed upon the Island by the end of the six
months, then in the same manner they are to be provided for
six months longer. If therefore at the end of the first six months
(which expire in April) they shou'd pretend, that 200 white men
are landed upon the Island, then there is no further provision
for the soldiers, and it cannot be expected that the Governor
and Council will advance more if immediate care be not taken for
their being repay'd what they have already laid out, nor can we
think the arrival of 200 white men cou'd be a sufficient security
to that Island either against their own negroes, or their powerful!
AMERICA AND WEST INDIES. 19
1716.
neighbours, shou'd the first rebel or the last invade them ; so
that we are humbly of opinion this requires H.M. immediate
consideration that an effectual provision may be made for these
two Companies, since we are persuaded it is absolutely necessary
for the safety of Jamaica that there shou'd be such a standing
force in that Island till such time as a sufficient number of white
men be imported and settled there, according to H.M. aforesaid
letter. What my Lord Archibald mentions of splitting of votes,
in order to carry some of the Elections, seems to be a great abuse,
but we are not as yet prepared to propose a proper remedy but
shall enquire into it and acquaint you with our thoughts of that
matter when we are further appriz'd of it. Autograph signatures.
6 pp. Enclosed,
48. i. Minutes of Council of Jamaica, llth Nov., 1715, and
account of cash disbursed by the Governor and Council
of Jamaica for the subsistance of Col. Handasyd's late
Regiment 1st May-27th Aug., 1714, and the two Inde-
pendent Companies by H. E. 27th Aug., 17 14- 13th
Nov., 1715. Copies. 1% and 2 pp. [C.O. 5, 4. No. 13 ;
and 138, 14. pp. 357-364 (without enclosures) ; and
(enclosures only) 137, 46. Nos. 11, 12.]
Feb. 18. 49. Mr. Popple to Nicholas Lechmere. Asks for return of
Whitehal. Act of Bermuda sent him May 16, 1715, q.v. [C.O. 37, 9. p.
325.]
[Feb. 21.] 50. Memorial presented by Francis March and others
(? merchants concerned in Jamaica) to the Council of Trade and
Plantations, in vindication of the Assembly of Jamaica, against
the Governor's representation. Noted for their loyalty to the
Crown and obedience to their Governors, they have, since the
government of the Duke of Albemarle (when their freedom was
violated by measures not unlike those taken during the present
administration), forbore representing the hardships imposed
upon 'em, etc. Lord Hamilton's dislike to the Address of the
Assembly proceeds from it's want of bearing his Lordship's
name ; but in the late reign he excused himself from joining in
several Addresses of former Assemblys to the Throne, particularly
that against an exclusive trade to Africa, in regard it preceded
what in his mind was more incumbent upon them, an Address
upon what he was then pleased to call a Glorious Peace, which
Peace in an Address of his Lordship's lately presented to H.M.,
his Lordship has found out the contrary epithet for. As he
declined bearing his part in a petition concerning the most
valuable branch of the trade of that Island, etc., the Assembly
could not divine that his Lordship would at this time take amiss,
what at other times was his choice. As to the insufficiency
of the said Address without its conveyance thro' his Lordship,
'tis most humbly submitted whether his Lordship's transmitting
it be the essential, or the ceremonial part of it. The consequence
of this position of his Lordship must be, that if ever the Island
should be unfortunate in a Governor who would screw up the
20 COLONIAL PAPERS.
1716.
King's Prerogative to the oppressions of the people, or otherwise
administer illegally, etc., they would want the benefit of the
undoubted right of the poorest Englishman that of petitioning
their King, etc. The cheif reason of his Lordship's not being
complemented for his joining in such Address appears in the
Assemblys lamenting the misfortune of his Lordship's prorogueing
'em (which his Lordship could not be supposed to concurr in) in
as much as it prevented an earlier congratulation of H.M. happy
accession to the Throne, and when H.M. protection by a Naval
force and otherwise is therein most humbly implored. As to
their refusal to subsist the soldiers there, and to reimburse money
laid out for that use etc., Jamaica has been the only of H.M.
Coloneys that supplyed the army with an additional subsistence
wherein above 150,000 hath been expended by the said Island,
during and since the late war ; which provision whilst there was
an imminent danger by the war was cheerfully raised by the
Assembly of Jamaica by several Acts, but on the conclusion of
Peace a number of white people to settle in the Island was in justice
to themselves to be the further care of Assemblys ; and therefore
it was thought adviseable to address Her late Majesty for the
easing the Island of the charge of a Regiment, but withall that
those private men of the Regiment who were willing should be
admitted to remain there ; and a provision was proposed to be
made by the Assembly for the regiment from six months to six
months untill H.M. pleasure should be known, but such provision
not suiting his Lordship's advisers who were for raising the taxes
and laying impositions yearly as usually, on a debate arising
thereon those who had the welfare of the Island most at heart
who must be supposed to be the estated men determining not
to close with the yearly provision which in case the Regiment
was withdrawn sooner could not be applyed to the use of white
people but would sink in the Treasury of the Island. The then
Assembly was thereupon dissolved in Oct., 1713, but the last
provision for the Regiment, being determined, writts were issued
for the election of a new Assembly wherein his Lordship's advisors
interfered too far not to give the country sufficient cause of
jealousy ; the spirit and bent of which advisors, is fully seen in
the then and present Attorney General's letter to one of his
Lordship's freinds, wherein he advises those who had Chancery
suits not to vote against his Lordship (who is Chancellor of the
Island) (v. Enclosure ii.). The Assembly met in Nov., 1713, and
'tis to be beleived not without discontent but soe much did their
necessary warmth give way to the service of the Island that
they not only provided for the regiment for six months then
to come, but compensated for the time they had been unpaid
since the last Assembly, and designed to continue such provision
in case H.M. did not recall the Regiment before the six months
were determined in condescention to their Address, and as there
was above 10,000 then in Bank of mony raised by an additional
duty which was unappropriated the Assembly designed part of
it towards the immediate reception of white people and another
part towards their further encouragement, But it was still their
AMERICA AND WEST INDIES. 21
1716.
misfortune not to please, and therefore did not continue long
lived enough to see their good intentions carryed into execution,
for they were dissolved in Feb., 1713. Your Lordships will take
notice that the Assembly s were for peopleing the island, and not
maintaining any army longer than that Regiment should continue.
But his Lordship being advised that he could get an Assembly
to his mind applyed to her late Majesty for 300 men to be
continued in the Island, which he was pleased to say the country
would cheerfully support, notwithstanding the factious endeavours
of a few who were the seeds of the first settlers, implying as 'tis
humbly apprehended that as the first settlers were under the late
usurpation, so their posterity must be of Republican principles,
but 'tis observable, that those he calls factious, have been the
successive Representatives of the Island for the three last Assem-
blys, who were they not the prevailing part of Jamaica, could not
have withstood the methods used to prevent their serving, for
when the next writts issued for the election of an Assembly
to meet in Dec., 1714, the industry and invention of those who
pretended to be his Lordship's freinds not only contrived that
three or four elections should be of a day, and in general that no
man should vote in any two precincts, by which means those of
best estates in several precincts were denyed the liberty incident
to their freehold ; but in some places no notice of election given
but to those whom they were sure of, in other places the poll was
to be directed and was accordingly closed when ever a majority
of their freinds were present ; but when this finesse not before
practiced since the Duke of Albemarle's Governmt. could not
prevail it is not to be wondered if after such an incroachment
on their freedom the Assembly met with a quick sense of the
ill use made of the Prerogative of the Crown, and therefore
the next thing after an Address was agreed for the congratulating
H.M. access to the Throne, was to appoint a Committee to enquire
into the practices used at the election of that Assembly wherein
a gentleman of the Council and the present Attorney General as
well as the then Provost Marshall being notoriously concerned
his Lordship was advised to and accordingly did prorogue them
the third day after their convention and soon after dissolved
them which deprived the Assembly of all opportunitys of providing
for the two Independant Companys ordered to remain there, or
of raising or appropriating mony towards their being better
peopled, tho its to be made apparent that in regard to his Majesty,
who in so short a time could not be supposed to be acquainted
with the Island's application for the recalling the soldiers, the
design of the most considerable of that Assembly was to provide
for such Companys further support ; tho' not to let them have
the management of mony, which was known to have run into
other channels than 'twas designed for. But from Dec., 1714,
till Oct., 1715, no other Assembly was called, tho in the mean time
preparations were made for an Assembly by his Lordship's
freinds, who for that purpose procured the most part of the
Militia Officers in the Island who were of the best fortunes, to
be changed for their voting contrary (as 'twas pretended) to the
22 COLONIAL PAPERS.
1716.
interest of the Governmt. and in their room the dreggs of the
people, taylors, carpenters, bricklayers and tavern keepers were
commissioned and the Fort at Port Royal put into the hands of a
Dr. of Physick who lived twelve miles from it to influence the
inhabitants of that place. Rumours were as industriously
spread that the Cheif Justice who has his place but during the
Governrs. pleasure and others in employments who were thought
for the interest of the country would be removed, which was
always improved in order to prevent their interfering in the interest
of the country, and tho a Proclamation was issued in August
last promising a freedom of elections yet in the choosing the
Assembly now or lately sitting the days of election were calculated
much alike to those of the two foregoing elections, but still to no
purpose, which manifests that his Lordship contends with the
Island and not with a few factious men of it. And what still
makes this interposition of his Lordship's in elections severer is,
that he resented any opposition to the schemes of his advisors
to that degree that he has given the votes of two gentlemen of the
Council against what is called his Lordship's interest as a reason
for his writing for England in their disfavour and of their being
now left out of the Council : and on the other hand has skreened
those who voted for his Lordship's interest even by the interrup-
tion of the course of justice (v. Encl. iii.). From this 'twill appear
that the not providing for the soldiers hitherto is owing to the
dissolutions of several Assembly s, which have been attended with
the utmost ill consequences to the Island, inasmuch as the settle-
ment of white people hath been retarded, which if encouraged
according to the Assembly's design would by this time have left
no room for the desire of soldiers, and great sums of mony have
been lost by disuse of Assemblys in the not raising an Additional
Duty in three years, which would have been a fund for the further
encouragement of white people, by means whereof the present
Assembly have been obliged for the payment of debts and answer-
,ing other emergencys to clogg the exportation of negroes with a
further duty to the great discouragement of the Affrican Trade
and the importation of silver and gold into Great Britain. And
tho the Assembly do not think fit to reimburse what has been
provided for the soldiers in the intervals of Assemblys, 'tis
humbly submitted whether they can be upbraided with defection
or obstinacy in that particular, since if they had been allowed to
sitt they would have made a provision for the soldiers, etc. If it
be thought their duty to confirm the payment of mony raised
without their consent, the consequence must be, that Assemblys
are no otherwise usefull than to establish payments applyed
without law. By the long disuse of Assemblys, the repairs and
erecting of forts and fortifications which (as the Island is
surrounded by many jealous neighbours) are of the highest
importance to Jamaica have been neglected, which the Assembly
dissolved in Feb., 1713, had so much at heart, that at their instance
the Council and they appointed a Committee of both to view the
state of the fortifications of Port Royal (the key of the Island).
Report enclosed. Your Lordships will observe the ruinous and
AMERICA AND WEST INDIES. 23
1716.
unserviceable condition of that fortress yet such was the un-
happiness of that Assembly that their necessary vigilance on
what was the safeguard of their estates was interpreted as an
unpardonable officiousness in regard that forts and fortifications
were properly her late Majesty's, and therefore solely under her
Representative's management tho it can be made apparent
and so it was insisted by that Assembly, and allowed by the
Council as appears by their Minutes (enclosed) that their behaviour
on that occasion did not vary from the repeated usage of all
Assemblys which had there been no other law for seems to have
its commencement and continuance founded upon the sollicitude
natural to mankind for the product of their labour and mony but
which has still the countenance of the Revenue Act of that Island
which gives a power to a Committee of either Council or Assembly
to examine the disbursements made by the Receiver General
of the yearly sum appropriated to fortifications, and as all
powers and authoritys must be attended with the necessary
means of executing them, so with submission is the viewing of
the fortifications of Jamaica, incident to the power of enquiring
what mony was disbursed thereupon which proceeding the
Assembly can never think to have been unnecessary when they
reflect with the greatest pleasure that your Lordships have
recommended both the improvemt. of the fortifications, and the
further peopling of the Island which instance of your Lordships'
singular favour to that Island supposes a deficiency in the man-
agemt. thereof, and what part of the Legislature of Jamaica it's
owing to is submitted. It has been urged in Jamaica in disfavour
of the Island and probably has reached your Lordships, that the
Assembly dissolved in Feb., 1713, adjourned themselves for a
month without his Lordship's leave wherein 'tis hoped the country
will stand justifyed when your Lordships are acquainted that the
Assembly had then sat for near three months, had past two laws
in favour of the Regiment, the one retrospective in supplying
what they might have received in the interval of laws, and the
other for a future provision, these with several other laws were
then under the Govr. and Council's consideration, and the term
time (there called the Supream Court) drawing very near which
must oblige the Assembly to remove their seats, and the season
for making sugar being then advanced, which calls for the greatest
care and industry of any time in the year they did in a very
dutifull manner address his Lordship on those reasons for a
recess for a month the refusal of which as well as the Address
appears by the extract enclosed, and being on enquiry found that
the liberty of adjourning longer than de die in diem had been
asserted and allowed in the Governmt. of the Lord Vaughan they
then reasserted it, which as it followed a close application to
business and an Address for leave can't tis hoped be stiled un-
dutifull, and the less so that it is humbly apprehended to be
warranted by their Charters of Government whose constant
language has successively directed that the laws and usage of
the Assemblys of that Island are to be assimilated to the laws
and usage in England, and if it be the right of the Commons of
24 COLONIAL PAPERS.
1716.
Great Britain to adjourn longer than from day to day, it seems
to be the original intent of the Crown as well to grant such a
liberty to that little body of Freemen, as it does in general to
institute the Legislative power of the Island in the nature of an
epitome of the English Parliament. For should it be the mis-
fortune of the Island to be lopped of that priviledge they become
subject to the pleasure of a Governr. and in consequence are
deprived of the freedom of Englishmen. But however this
adjournment may be now given as a reason for such dissolution,
yet that many more which will not so well bear a repetition, were
then assigned is evident from the extract of his Lordship's
Proclamation for that purpose, wherein the summoning before
them and ordering a commitment of the present Attorney General
and others guilty of notorious corruptions in the elections for
making a law for raising a sum for an Agent to manage the affairs
of the Island here, and a law for regulating the disorderly and too
loose lives of the ministers beneficed in the Island, are imputed
to the then Assembly as so many invasions on liberty Prerogative
and the Church. Whereas it is humbly conceived that the
enquiry into their own elections was their undoubted Province,
and the passing reasonable and beneficial laws were the end of
their convention. Signed, Francis March, Jon. Carver, Ezekll.
Gomersall and 8 others. Endorsed, 21st Feb., Read 18th April,
1716. 11 pp. Enclosed,
50. L, ii. Extracts of Journal of Assembly of Jamaica Dec.,
1713, etc. Same endorsement. The whole, 5 pp.
50. iii. Governor Lord A. Hamilton to Col. John Clarke.
St. Jago de la Vega, June 13, 1715. Whereas I have
been informed, that some differences have lately hapned
between some of the magistrates for the parishes of St.
Davids and St. Thomas in the East and Robert Whit-
finch and John Lees and John Cossby one of the said
magistrates did issue his warrant for Whitfinch and Lee
to appear before him to have had this matter decided
but being willing to take cognizance of it myself in due
time I doe hereby order you to give notice to the rest of
the magistrates of the sd. parishes to forbear any further
proceedings against the sd. Whitfinch and Lee till my
further pleasure be signify 'd and that in the mean time
they may be at liberty to proceed on their lawfull
occasions without any molestation whatsoever. Signed,
A. Hamilton. Same endorsement. Copy, f p.
50. iv. Francis Hawkins, Engineer, to Governor Lord A.
Hamilton. Spanish Town, Jan. 12, 17^|. Port Royal
and all other the fortifications of this Island are much out
of repaire, and will admitt of severall advantageous
improvements, etc. Details. Signed, Francis Hawkins.
Same endorsement. Copy. 1 p.
50. v. Account of repairs and stores needed for the Fort etc.
at Port Royal. Signed and endorsed as preceding. 1 p.
[C.O. 137, 11. Nos. 12, 12 i.-v.]
AMERICA AND WEST INDIES. 25
1716.
Feb. 21. 51. Col. Vetch to the Council of Trade and Plantations.
London. Gives information, as desired, about Nova Scotia. As to the
fortifications, repeat* part o/Sept. 2, 1715. Continues : The great
guns of the lower battery which were the best in the garison (being
56 pounders) were thrown into the fossee, thiss battery was the
principal defence upon the sea part lying low and equall almost
with the water : by the removal of this it is now verry weak
upon that side what could be the design of thiss dismantling the
garrison I leave to your Lordships to judge. As to the number
of the garrison I am told they are about 240 ; and indeed it is
next to a wonder that there is any face of a garison remaining
there considering the treatment they have mett withal and the
pains hath bein taken to ruine the same, not only by its being
abandoned and neglected intirely during the space of three
years by the late Ministry during the warr ; but since the Peace
by being made all prisoners in the fort, and debarred any com-
munication with the inhabitants without whom it was hardly
possible for them to subsist etc. No garrison will ever remain
there without being allowed both pay and provisions, when even
under that regulation they will hardly be upon the levell with the
slaves in the neighbouring Colony of New England where 3
shills. pr. day is the days hyre of the commonest labourer ; nor
indeed will the souldiers' sixpence per day doe more in that
country then buy them tobacco, wash their lining and provide
them in shoes, stoking etc. besides what is commonly allowed in
a cloathing ; every sort of cloathing being there just four times
the price it cost in Brittan. Hopes that the Garrison may be
allowed the common pay and provisions of the New England
troops, 7 shillings that country money pr. week pay besides their
provisions, etc. As to their victualing, the best way is by con-
tracting with some of the Boston merchts., provisions in the time
of peace being generally as cheap as here, besides the difficulty
of navigation ; the ship which went from hence last summer
was necessitate to go by way of Boston for a pilot etc. As to
the French inhabitants, there is not many removed, notwith-
standing the discouragemts. they mett withal some time ago,
and will no doubt gladly remain upon their plantations (some of
which are considerable) provided they may be protected and
encouraged by the Crown etc. With their stocks of catle, their
remaining is verry much for the advantage of the Crown providing
it shall be found practicable to keep them faithfull to their aled-
gence in case of a warr with France, which will be hard to doe
while the preists remain amongst them to whose dictates they
are absolutely devoted. Upon the whole matter as the fishery
upon that main coast is without doubt the best and the greatest
in the world both with regard to its earlyness its constancy and
continuance the whole season long etc., so were it but setled with
some forts in proper places and a Brittish Colony (as I formerly
proposed to your Lordships) it would soon make one of the most
profitable Colonys the Crown hath in America, both with regard
to Naval Stores, the consumption of Brittish comoditys, the vast
profits of the fishery, and the making of saylors to mann our
26
COLONIAL PAPERS.
1716.
Feb. 22.
Whitehall.
Feb. 23.
St. James's.
Feb. 23.
St. James's.
Feb. 23.
St. James's.
Feb. 23.
St. James's.
fleets, besides a considerable furr trade to be caryed on with the
natives for our English manufactorys, etc. P.S. Mr. Cummins,
Collector at Newfoundland, and deeply concerned in that fishery,
writes me : The fishery att Cape Bretton hath bein verry great
last summer betwixt 800 and 1000 boats afishing which belonged
to 82 large mercht. ships with two men of warr, they killed from
3 to 400 quintals pr. boat : this fishery will certainly ruine New-
foundland : being much earlier and better than Newfoundland :
and so much before them att all mercats, so that it will be abso-
lutely necessary to improve the fishery upon the coast of Accadie ;
and to get garisons set led there to protect the fishery and setle-
ments, and to encourage the western parts of England to go a
fishing there, instead of Newfoundland the fishing there having
failed for these two years past, to the great loss of all Adventurers.
Signed, Sam. Vetch. Endorsed, Reed. 22nd Feb., Read 28th
March, 1716. 2-| pp. [C.O. 217, 2. No. 16 ; and 218, 1. pp.
297-305.]
52. Mr. Popple to Mr. Burchett. Reply to Feb. 1st. As to
Newfoundland, the ships trading there furnish themselves with
necessary passes in this Kingdom. 40 passes may be sufficient
to be sent to Virginia, 30 to Maryland, 40 for New York and New
Jersey, about 100 for New England, 40 for the Leeward Islands,
20 for Jamaica annually, and for Barbados and Bermuda the
same number as have been usually sent. [C.O. 324, 10. pp.
91, 92.]
53. Lords Proprietors of Carolina to Mr. Secretary Stanhope.
Reply to 13th Feb. We have given directions to Mr. Governor
Craven etc. (v. llth Feb.) Continue: We did not think it
proper to give any delay to justice, and therefore we overlook'd
some objections that have been thrown in our way, in relation
to our being unaccountable for the Marquis de Navarres's goods,
in case they should be lost at sea, not doubting but that in
executing H.M. commands, if any such misfortune shou'd happen,
we are indemnifyed. The first ship that sails to Carolina shall
carry our orders, and the first) answer we receive shall be carefully
transmitted to you. Signed, Carteret, P., Ja. Bertie for Beaufort,
Fulwar Skipwith for Craven, M. Ashley, J. Danson. 1 p. [C.O.
5, 387. No. 4.]
54. Same to Governor Craven. You are to permit Edmd.
Calverly, mercht., to depart the Province, any martial law to
the contrary notwithstanding. [C.O. 5, 290. p. 89.]
55. Same to the Pressmasters of South Carolina, exempting
13 tradesmen from the press. [C.O. 5, 290. p. 89.]
56. Same to Governor Craven. Enclose copies of letters from
Mr. Secretary Stanhope, " and likewise the substance of a very
heavy charge which has been exhibited to H.M. against you.
We are very far from inclining to think you guilty, but the fact
AMERICA AND WEST INDIES.
27
1716.
Feb. 23.
Whitehall.
Feb. 23.
Council
Chamber,
Whitehall.
Feb. 24.
St. James's.
Feb. 25.
Whitehall.
is so heinous that we require a very particular answer from you
as soon as possible. The Spanish Ambassador begins to talk of
this matter and will demand satisfaction in the name of the King
of Spain for the injustice that has been committed on the Marquis
de Navarres. We are very sensible that this gentleman has been
barbarously used, and this matter will fall very heavy upon those
who shall appear to be guilty. It seems very strange that more
care was not taken in the safe keeping of John Lewis who com-
mitted the robbery. It appears by several informations that the
Marquis's effects were delivered to you and you are therefore
accountable for them and must take care that they may be
restored to the right owner. We desire a speedy answer, for we
are resolved to vindicate our Government from such a reproach."
Signed, Carteret, P., J. Bertie, F. Skipwith, M. Ashley, J. Danson.
[C.O. 5, 290. p. 90.]
57. Mr. Popple to John Merrill. Desires him to remind Mr.
Pulteney of letter of Feb. 7th etc. [C.O. 218, 1. p. 286.]
58. Report of the Lords Committee of the Privy Council
. upon the references of Jan. 12 q.v. Recommend the confirmation
of the Act of Barbados to dock the entail of Mount Lucie plantation.
(ii) Concur with report of the Commrs. of Trade on the petition
of the African Company, and do not conceive, there is any
occasion for H.M. to be at the expense of sending any ship of
warr for the protection of the said trade during this time of peace,
(iii) Concur with the Commrs. of Trade that the Charter granted
to the Proprietors of the Bahama Islands be resumed into the
Crowne, either by due course of law, or by such other method
as H.M. shall think fitt. And are further of opinion that (in
the mean time) H.M. would be pleased to order Mr. Mosteyn,
who hath been approved by H.M. to be Governor of the said
Islands, to proceed thither forthwith ; and for his encouragemt.
that H.M. would grant him a commission under the Great Seale
of Great Britain to be Governor ; that so by the resumption of
the Charter (which will vacate the Commission, that the Pro-
prietors have given him by H.M. approbation) he may not be
deprived of that station, after he had been at the expence and
hazard of a voyage thither. Endorsed, Reed. 27th March, 1716,
Read 28th Jan., 17-j. 2^rd pp. [C.O. 28, 15. No. 29; and
29, 13. pp. 446-450.]
59. H.M. Warrant granting leave of absence for 12 months
to Saml. Woodward, Secretary of the Massachusets Bay. Coun-
tersigned, James Stanhope. Copy. [C.O. 5, 190. p. 331.]
60. Mr. Merrill to Mr. Popple. Mr. Pulteney would be glad
to know what particular information the Commrs. of Trade
desire etc. (v. Feb. 7th). Signed, J. Merrill. Endorsed, Reed.
25th, Read 29th Feb., 17$. 1 p. [C.O. 217, 2. No. 13 ; and
218, 1. p. 291.]
28
COLONIAL PAPERS.
1716.
Feb. 27.
St. James's.
Feb. 28.
Feb. 28.
Feb. 29.
Whitehall.
Feb. 29.
Whitehall.
March 1.
Whitehall.
61. H.M. Warrant appointing John Page Chief Clerk of the
Supreme Court in Jamaica, in the place of Robert Clowes, deed.
Counter 'signed, James Stanhope. Copy. [C.O. 5, 190. p. 330.]
62. Capt. Armstrong to the Council of Trade and Plantations.
Reports on the state of Annapolis Royal and country. An account
similar to that of Major Caulfeild Nov. 1, 1715. Continues :
As to the fortifications they are in form a regular square, with
four bastions made up of earth and sodd work, the earth a loose
gravell or sand subject to damage by every thaw, and often great
breaches happen, by the fall of the wall into the ditch, till a
method was found out to revest the works with timber from^the
bottom of the ditch to the f raizes 18 foot, and above that with 4
foot of sodd, the greatest part of which being done while Genii.
Nicholson was there last. The houses and barracks where the
officers and soldiers lodge, with the stone houses and magazines
are in a ruinous condition, and not like to stand three years with-
out a thorough repair etc. Signed, L. Armstrong. Endorsed,
Reed. Read 28th Feb., 17$. 2 pp. [C.O. 217, 2. No. 11;
and 218, 1. pp. 287-290.]
63. The case of Capt. Armstrong and the garrison of Anna-
polis Royal. The provisions furnished by Col. Vetch were at
7^d. a day, though Col. Nicholson sometimes furnished the
same for 5d. The agent, Mr. Mulcaster, informs him that the
soldiers subsistence is but 6d. a day. Col. Vetch deducted out
of the several sorts of provisions, the one eighth part as a Com-
missary's perquisite, which with other hardships, and want of
provisions, made the soldiers ready to mutiny. Col. Vetch told
them the provisions were H.M. bounty over and above their
pay. This induced the officers to procure credit of the merchts.
in Boston for their relief. Memorialist passed bills of exchange
to Mr. Borland for 1008 13s. now 3| years overdue etc. Prays
for relief. Signed, L. Armstrong. Endorsed, Reed. Read 28th
Feb., 17$. \lpp. [C.O. 211, 2. No. 12.]
64. Mr. Popple to Mr. Merrill. Reply to Feb. 25. The Council
of Trade and Plantations desire to know what is the number of
the soldiers at Annapolis Royal ; and what condition they are
in, with respect to their pay, cloathing and provisions ; and what
regulation is made for supplying them with those particulars
for the future. [C.O. 218, 1. p. 292.]
65. Mr. Popple to Mr. Carkesse. Desires to know, by to-
morrow, whether a drawback is allowed upon wine and brandy
re-exported from this Kingdom to Newfoundland and H.M. other
Plantations in America. [C.O. 195, 6. p. 240.]
66. Mr. Secretary Stanhope to the Council of Trade and
Plantations. Encloses following for their report. Signed, James
Stanhope. Endorsed, Received 5th, Read 6th March, 17$.
| p. Enclosed,
AMERICA AND WEST INDIES. 29
1716.
66. i. List of stores wanting in Nevis, Sept. 6, 1715. 1 p.
66. ii. Address of the Lieutenant Governor, Council and
Assembly of Nevis to the King. We your Majesty's
most dutiful and loyal subjects having by sad experience
found this Island not tenable in time of war without an
inland fortification, have therefore thought it our duty
and interest to set apart a small hill in this Island to
be well fortifyed, in order to which, we have by an Act
for raising and making a fortification on Saddle-hill
(which in short time will be humbly offered for your
Majesties Royal assent) bought some lands on and near
said hill for your Majesties use. But in regard the
devastation made by the French in 1706, hath rendred
us most unable of ourselves to go on with so great and
good a work, the more for that no ingineer is here on
any terms to be hired to lay out proper ground for
walls, retrenchments or platforms etc. or to direct in
prosecution thereof ; therefore we do in most humble
manner become your Majesties most humble supplicants
for an ingineer, and for stores and other materials
proper for our old Forts near the sea, and for finiting
such a fortification that may be tenable in any future
war. Enclose list of what is deemed necessary for the
purpose etc. Signed, Dan. Smith, Richd. Abbott, Jas.
Bevon, Aza. Pinney, Lawce. Brodbelt, Jno. Richard-
son, Mich. Smith ; Rogr. Pemberton, Speaker, Ja.
Symonds, Michl. Williams, Chas. Bridgwater, Tho.
Washington, Saml. Gardner, Josiah Webbe, Rich.
Brodbelt, John Dasent, Geo. Meriwether, Jas. Emra,
Wm. Maynard. Endorsed as preceding. 1 large p.
66. iii. Account of money remitted to the hostages at Mar-
tinique by Nevis 1707-Sept., 1715. Total, 2576 8s. 6|d.
I p.
66. iv. Address of the Lt. Governor, Council and Assembly
of Nevis to the King, in answer to the Address of
Thomas Abbott and Charles Earle (v. April 20, 1715). M.
D'Iberville in April, 1706, pitched upon Thomas Abbott,
Joseph Stanley, Philip Dewitt and Charles Earle as
hostages, as well for the returning so many French
prisoners as the inhabitants of Nevis amounted to in
number, as for the payment of 1400 negroes or 42,000
Nevis money. Representers deny that those gentlemen
were to be relieved every three or four months. If
such promise had been made, it could not be performed,
being contrary to the laws of England, that will not
permit any Englishman to be carried off against his
will. Refer to account of money and goods sent (No. iii.).
Their close confinement was occasioned sometimes by
a report of an English Fleet coming, sometimes by a
report they intended to make their escape, and some-
times by a report raised (perhaps by themselves) that
this Island intended to supply them no longer, etc.
30 COLONIAL PAPERS.
1716.
Representers are sensible and always have been their
condition is deplorable and unalterable because they
did not think fit to escape with the other two, and
because 'tis not in the power of Representers to alter
it other than by direction of the King's Majesty after
the Commissaries of both Nations have met and settled
these affairs etc. Pray H.M. that means may be taken
for their speedy enlargement, which will be to the joy of
Representers notwithstanding they have been by the
Addressers reflected on with uncommon unjust aspersions
etc. Signed, as No. ii. with addition of Robrt. Eleis to
the Councillors.
66. v. Address of the Lt. Governor, Council and Assembly of
Nevis to the King. We your Majesties most dutiful and
loyal subjects being advised that the Commissaries of
both Nations have not yet met, pursuant to the Xlth
Article of Peace, do most humbly lay before your Majesty
the Articles of Capitulation made by Monsieur D'lber-
ville 1706, and therewith the oaths of the inhabitants
living that could best remember and did know and feel
French insolence and their cruel usage of prisoners of
war, whereby it will appear they broke the Capitulation
soon after it was made, by making the inhabitants
close prisoners without food, after good quarters were
granted, by destroying our records and papers after
promise they should be deliver'd us, and by not delivering
any of the officers any negroes at all. By the said oaths
'twill also appear D'Iberville did force the inhabitants
to sign a second agreement (C.S.P. 1706, No. 357 v.) for
1400 negroes (after he had taken off 3200) or 42,000
money to be paid at Martinique, and that though by
said second agreement no more negroes, coppers, stills,
and horses, were to be carried off, nor any other mer-
chandize, nor any horses to be kill'd, or any houses
burnt, yet in breach of sd. agreement wrested from us,
houses were burnt, negroes, coppers, stills and horses
were carried off, and much merchandize, from Charles
Town, and horses were killed. Pray H.M. to counten-
ance their cause with the Commissaries, that they may
not be ruin'd by the payment of such a vast sum.
Signed as preceding. I large p.
66. vi. Copy of Articles of Capitulation of Nevis, v. C.S.P.
1706, No. 357 iii.
66. vii. Deposition of Azariah Pinney, mercht. Charlestown,
Nov. 17, 1713. Before the contract for 1400 negroes
or 42,000 was signed by a majority of the inhabitants,
the Captain of a French man of war broke into his room
at night, where he lay sick, and by dint of threats of
carrying him away to his ship, in spite of his illness,
compelled him to sign the said agreement. The enemie
carried on board horses, negroes, paving stones, boards,
barrels of nails and other goods to a great value after the
AMERICA AND WEST INDIES. 31
1716.
contract was signed. Signed, Aza. Pinney. 1| pp.
66. viii. Deposition of Samuel Browne, mercht. Charleston,
12th Nov., 1713. In spite of his illness, a French officer
with two files of soldiers forced him and Thomas Minor
to go to the General's house and there sign the Treaty,
under threats of being carried to France. A day or
two before they left, some French men siezed a negro
woman belonging to John Higgins, and the day they
left they carried off several negroes, etc. Signed,
Samuel Browne. If pp.
66. ix. Deposition of Robt. Eleis. Charlestown, 17th Nov., 1713.
Deponent's house and many others were burnt about a
fortnight after the articles of surrender were signed, also
the most part of Charles Towne. When they refused
to sign the second Articles, deponent was put on board
a French ship and threats made of carrying him to the
Havanna amongst the Spaniards. After the signing
the last forced Articles there was many negroes, horses
etc. put on board the French Fleet etc. Corroborates
preceding. Signed, Robt. Eleis. If pp.
66. x. Deposition of Jacob Williams, 12th Sept., 1715. Depo-
nent was forced to sign in the same manner as preceding.
The day the French left, he saw them take off three
negroes belonging to Coll. Daniel Smith. Signed,
Jacob Williams. 1 p.
66. xi. Deposition of James Milliken, 12th Sept., 1715. When
the Articles of Capitulation were produced in the Dodan,
objection was made to the article by which they would
have us bring in all our negroes, because it was not in
our power as they were then in the woods. The French
officer by his interpreter told us that the Generall did
not expect anything of us but what was in our power.
Capt. Dunbar took the Articles and wrote the same
words in the margent against the said Article, etc.
Confirms preceding. Deponent's property was burnt
after the signing of the second agreement. Signed,
James Milliken. l^pp.
66. xii. Deposition of John Thornton. Nevis, 12th Sept., 1715.
After prolonged refusal, deponent was forced to sign
with the rest. The magazine and gate-house of Charles
Fort were fired, and the Fort blowen up the day after
the date of the said Articles, etc. Next day (April
10th) French troops passed deponent's house, and
declared that they were taking with them the wives
of those who would not come in to sign etc. Signed,
Jon. Thornton. Nos. iii.-xii. endorsed as covering letter.
2 pp.
66. xiii. Deposition of Richard Abbott. Repeats parts of
C.S.P. 1706. No. 357 ii. ; and confirms preceding.
Signed, Rd. Abbott. 2f pp.
66. xiv. Copy of C.S.P. 1706. No. 357 iv.
66, xv. Copy of C.S.P, 1706. No. 357 ii,
32 COLONIAL PAPERS.
1716.
66. xvi. Deposition of James Bevon. Charlestown, 17th Nov.,
1713. On 10th April, 1706, the day Mr. D'lverville
left, deponent shewed him a canoe- load of negroes
being taken on board, and told him he could not expect
to be paid the 1400 negroes or 42,000 since he suffered
his people to carry off the negroes and horses. D'lbver-
ville replied very passionately, stamping his foot on
the floor etc. Deponent was forced to sign, after
prolonged refusal etc. as preceding. Signed, James
Bevon. 1 p. [C.O. 152, 10. Nos. 82, 82 i.-xvi. ; and
(without enclosures) 153, 12. p. 380.]
March 1. 67. Mr. Secretary Stanhope to the Council of Trade and
Whitehall. Plantations. Encloses following for their report, " how far H.M.
can comply with what is desired, and how far it may be for his
service that he should, and I must desire you to give all possible
dispatch to your report," etc. Signed, James Stanhope. En-
dorsed, Reed. 5th, Read 6th March, 17jf . 1 p. Enclosed-,
67. i. Directors of the South Sea Company to Mr. Secretary
Stanhope. South Sea House, Feb. 28, 1715 (=1716).
The Assembly of Jamaica has voted the imposing a
duty of 40-s. pr. head on all negroes that shall be thence
exported to the Spanish coast, which would be a heavy
charge on the negroes, which this Compa. had ordered
from Africa to that Island, there to refresh, and thence
to be transported to the Spanish Ports, etc. If con-
tinued, it will in effect be a prohibition of those ports
to the Compa., and the mutual advantages at present
ariseing to that Island, and the Company be entirely
frustrated. For the Company will be necessitated
to proceed directly from Africa to the Spanish Ports
etc. Pray H.M. to disannul the said Act, and that the
Company be exempted from duties on negroes purchased
in Jamaica for export etc. Signed, by order of the
Directors, Ja. Bateman, Sub. Govr., Sam. Shepheard,
Depty. 2 pp.
67. ii. Memorial of John Morris and Edward Pratter, Factors
to the South Sea and Assiento Company, to the Assembly
of Jamaica, Dec. 1st, 1715. In pursuance of their
contract for supplying negroes to the Spanish West
Indies, the Company employ 20 ships and have settled
their Factory in Jamaica, for the refreshment and
distribution of negroes to the Spanish Ports, to the
great advantage of this Island. Unless they are
exempted from the export duty, the Company may
be obliged to direct their shipping and effects other
ways, etc. Signed, John Morris, Edward Pratter.
Copy. 2 pp. [C.O. 137, 11. Nos. 6, 6 i., ii. ; and
138, 14. pp. 365-371.]
March 1. 68. Governor Hamilton to the Council of Trade and Planta-
Antigua. tions, This being the first oppurtunity that has offer'd since
AMERICA AND WEST INDIES. 33
1716.
my coming to these parts, I take this occasion to acquaint your
Lordships that I arrived the 7th of the last month where after
publication of my Commission I immediately qualified myself
for the execution of my trust, by taking the oaths etc., since
. when I have had several meetings with the Council and Assembly
to whom I recommended such particulars as I conceived most
immediately for H.M. service and the publick good, and in
particular the providing a remedy to supply the defects in their
laws for the recovery of debts, the making provision for the
defence of the Island, the laying aside all party heats and animosi-
ties and sacrificing all resentments of that nature to their duty
to H.M. and their country. The which they received with great
expressions of duty, and they are preparing a bill for the former
and a tax for the other and payments of the publick debts, of
both which I hope by the next opportunity to give a good
account. I cannot yet inform your Lordships when I shall be
able to visit the other parts of my Government for Capt. Soanes,
Commander of H.M.S. the Sea-horse which is appointed to attend
these Islands, has not been at any of them since my arrival here,
nor do I know when to expect him, he being now to Windward as I
am informed, but the occasion thereof is to me at present unknown
and untill I have the opportunity of going in him or some other
of H.M. ships I do not think it adviseable to go from hence except
upon an extraordinary occasion not knowing but that I may be
intercepted by the pirates should I go in a sloop or other small
vessell it being not very long since there was a pretty large
pirate and two small ones in these seas, who may still be here
tho we have not the good fortune to know thereof, which I hope
will sufficiently excuse me from visiting the other Islands untill
the man of war returns unless in case of urgent necessity which
whenever there is, your Lordships may depend that no danger
or hazard shall ever deter me from endeavouring to do my duty.
According to your Lordships' directions I have sent to the
Governours of Anguilla and Spanish Town to gett me an exact
account of all the Virgin Islands etc. and as soon as I receive
the same I shall transmitt it to your Lordships. P.S. 6th March.
Since the foregoing the man of warr is arrived but will be of little
service. Refers to enclosure. I therefore beg your Lordships
will represent this matter to H.M. and to the Lords of the
Admiralty that if not already done another ship may be sent to
attend this station without which H.M. service must suffer, and
that it be at least a fifth rated ship, for such a small one as the
Sea-horse now on this Station would have done little good against
the great pirate that was in these seas, she being as I am informed,
a ship of 36 guns. I have had the Survey our with me who has
run out a great part of the former French ground at St. Chris-
tophers, who informs me that the whole land to the best of his
judgement will not amount to above 15,000 acres of manureable
land if it hold out that, which I thought it my duty to inform
your Lordships of and remain, may it please your Lordships,
Your Lordships' most dutifull and most obedient servant.
Signed,, W. Hamilton. Endorsed,, Reed. 19th May, Read 14th
Wt. 26355, C.P. 3.
34
COLONIAL PAPERS.
March 2.
Whitehall.
1716.
June, 1716. 3| pp. Enclosed,
68. i. Capt. Soanes to Governor Hamilton. Seahorse in St.
John's Road, Antigua, 3rd March, 17^|. The ship's
bottom is so very much eaten and decay'd with the
worm, that I propose to put her into the best capacity
I can and proceed to Great Britain 7th of April according
to my Instructions etc. Signed, Jos. Soanes. Same
endorsement. Copy. 1 p. [G.O. 152, 11. Nos. 5,
5 i. ; and (without enclosure] 153, 12. pp. 397-401.]
69. Council of Trade and Plantations to Mr. Secretary
Stanhope. Reply to Jan. 26th. We have considered the import-
ance of gathering salt at the Isle of May, wherein 90 ships were
imploy'd last year, besides 22 at Bonavista, as appears by the
inclosed abstract of an account we have received from Capt.
Maine, Commander of one of H.M. ships imployed there. We are
of opinion, that not only for the protection of this trade against
pirates, but for the better regulation thereof, one of H.M. small
ships of war be annually sent thither in the beginning of the
season with proper Instructions, etc. Annexed,
69. i. Abstract of (90) ships loading salt at the Isle of May,
1715. [C.O. 218, 1. pp. 293, 294.]
March 2. 70. Council of Trade and Plantations to Mr. Secretary
Whitehall. Stanhope. Reply to Oct. 13, 1715. Enclose folloiving to be laid
before H.M.
70. i. Council of Trade and Plantations to the King. We
have made diligent enquiry into the management of
the Newfoundland Fishery and Trade, by writing to
the sevl. out ports and discoursing with persons here,
who were lately come from thence. We find there are
several abuses committed in breach of the Act of the
10th and llth K. William, and sevl. practices introduc'd
detrimental to that advantagious trade ; which we
humbly conceive proceed from ,the want of penaltys,
and of some further provisions in the said Act, and having
consulted your Majesty's Attorney General etc., concur
in opinion with him, that it is necessary a new law be
made, laying proper penaltys, and directing how and
where the same shall be recover'd. Quote Capt. Kemp-
thorn (C.S.P., 1715, No. 646 ii.) that the Fishing
Admirals are not sufficiently enabled to make their
determinations take place before the arrival of a Com-
modore, that they often neglect to make use of their
power, or scandalously abuse it, by the partiality of
their determinations, and that there wants a power to
inf orce the determinations of the Commodores upon
appeals or otherwise, more especially in those harbours
that are at a distance from the place where the Commo-
dore has his station. These particulars, we conceive
may be remedy'd by proper penaltys and provisions
if your Majesty shall be pleas 'd to recommend it to the
AMERICA AND WEST INDIES. 35
1716.
Legislature. As most of the disputes wch. happen
betwixt the fishing ships and inhabitants are in relation
to the stages, cook rooms, etc., we further humbly
propose that the Commodore of your Majesty's ships
be directed to summon the Fishing Admirals, the
masters of the Fishing ships and inhabitants in every
harbour, to meet together, and upon a survey of the
stages, cook rooms, beeches, etc., to ascertain under
their hands, what part thereof belongs to the public uses
of the fishing ships, and what part to any other persons,
according to the present Act ; the draughts whereof
to be transmitted hither, and published by authority,
which for ever after may be a rule to determine the
right of the Fishermen and of the Planters to the sd.
beeches, etc. And whereas the want of a proper person
to maintain order in the winter, is another occasion of
great abuses ; for that season is a sort of respite from
all observance of law or government ; theft, murder,
rapes, etc., being committed without controul, we
humbly offer that proper persons be appointed to be
Judges of ye Harbours, to decide all differences in the
winter, during the absence of the Commodore and
Fishing Admirals ; and in order thereunto, that the
said fishing Admirals do convene the inhabitants of
each respective harbour, one day in the last week of
July, to choose by the plurality of votes two proper
persons among the planters, the one to be magistrate
in that harbour and places adjacent, and the other to
succeed him in case of his death, before the ensuing
election, that the lesser harbours and creeks be annex 'd
to some of the greater the most contiguous, that they
may assist in the election of magistrates, and repair
thither for justice in time of need or the proper Court
days ; that the magistrate so elected be vested with
proper powers and oblig'd to hold a Court once a month
in winter, for preserving the peace and determining
all differences between the inhabitants, and that an
appeal be allow'd from his sentence to the next Commo-
dore. Whereas the New England ships bring great
quantity s of rum and tobacco, which they retail, and
several British ships go directly from Lisbon and other
foreign parts to fish at Newfoundland, and carry with
them great quantitys of wine, brandy, salt, sugar, oil
and other European goods, to the great prejudice of
that trade with Great Britain ; and the masters of
those ships knowing the necessity the planters lie
under for salt, oblige them to take with ev'ry 10 hhds.
of salt one but of wine and one quarter-cask of brandy,
wch. together amounts to near f of the value of the fish,
which such salt will cure, whereby the planters become
so far in debt to them, that they in an arbitrary manner
seize their fish and tackle, without due respect to their
36 COLONIAL PAPERS.
1716.
just value. Wherefore we humbly offer that none
of your Majesty's subjects be permitted at any time
after the day of to fish with their ships, in any of
the harbours in Newfoundland, or to come with their
goods there, but such as shall have victuall'd or clear'd
out of some Custom House in Great Britain, or in the
Islands of Guernsey or Jersey ; that every time any
ship comes there, the master be obliged to produce to
the Admiral of the Harbour a certificate from some
Custom-house, as aforesd., of his having been victuall'd
and clear'd accordingly, as also another certificate
that one of his owners at least hath made oath that the
cargo and the fishing voyage, is for the account of your
Majesty's subjects only ; and that the said Admiral do
produce the like certificates to the Commodore in his
own behalf ; copys of which to be return'd hither,
as by the present Act is directed. That no wine or
brandy be allow 'd to be imported into any part of the
British Settlements in Newfoundland (except of the
growth of the Western Islands in ships clearing out of
this Kingdom) but what shall be first landed in Great
Britain, to be prov'd by a certificate as aforesd. from
some Custom House here, which certificate the master
of the ship importing such wine or brandy, shall be
oblig'd to deliver as above, in days after his arrival
there. That no tobacco be imported into Newfoundland,
but from this Kingdom, with the allowance of ye draw-
back, and that none be permitted to be sold there, till
the masters importing the same, produce certificates
as aforesaid, of its having been shipp'd off here. That
no rum, sugar and melosses be imported there, but
what is brought from Great Britain, or directly in the
same bottom from Jamaica, Barbados, or the Leeward
Islands, without putting into any other places, cases of
necessity excepted. That no person be permitted to
keep a publick house, or to retail any strong liquors
there, but such as have a license from the Commodore,
or in his absence from the Magistrate of the Harbour,
and who have been fishermen and passed their labour ;
such license to be forfeited, if they sell any strong
liquors by retail on Sundays, or during the fishing
season ; the great decay of the Fishery being generally
ascrib'd to the disorders that arise from drunkeness,
to which that people are very much addicted. That
no debts contracted in Newfoundland, shall be esteem'd
good, but what shall have at first been settled before
the Commodore, any of the Admirals of Harbours,
or the abovementioned magistrate, and the payment of
such debts to be in fish at the market price, at the time
of payment. A further obstruction to this trade, we
find to be occasion 'd by the New England factors, who
remain there in the winter, and are, as it has been
AMERICA AND WEST INDIES. 37
1716.
represented to us. the occasion of the riots and disorders
there, which we humbly take leave to explain as follows.
The planters having their fish and tackle seized by the
masters of ships as aforesaid, are not able to pay their
servants, who therefore quit them, and the said factors,
who remain there, on pretence of getting in their debts,
by their intolerable exactions in their retailing of liquors
in the winter, not only increase the debts, but cause
many of the inhabitants to leave the Island ; besides,
we are assured, they entice the said servants into their
debts, and then sell them to the New England sloops,
which practice has not only ruin'd many of the planters,
but has also made servants so scarce, that the Fishery
has been sensibly affected by it for several years.
This we doubt not may be prevented by providing
against any persons residing there as factors, but such
as shall be sent directly from, and imploy'd by the
merchants of this Kingdom. The masters of New
England ships, besides the servants they buy and
carry away, as aforesd., do also intice away great num-
bers of seamen from the fishing ships, and are allowed
by the Govt. of New England, 40s. for every fisherman
or seaman they shall so bring away. And the masters
of fishing ships are not solicitous about this, after the
fishing season is over, because it saves them the expence
of provisions and wages home. For prevention of
this evil, we humbly offer, that every master of a New
England ship, that shall come to Newfoundland, be
oblig'd to enter into bond to the Commodore, or in his
absence to the Admiral of the Harbour (who is to trans-
mit the same to the Commodore) that he carry no men
out of the country under the penalty of - - to your
Majesty for every man so carry'd off, except that in
case of death, he may have a licence to make up his
compliment for sailing his ship. And this bond to be
void and of none effect, upon the master's making oath
at any Custom House in New England, of his having
comply'd with the conditions of it, and certificate
thereof return'd to the Commodore or Admiral of the
Harbour the next season. By the Act of the 10th and
llth of K. William, every by-boat keeper is oblig'd
to carry with him at least two fresh men in six, viz.
one man that hath made no more than one voyage,
and one man who hath never been at sea before, and
every master of a fisjiing ship one fresh or green man,
that never was at sea before for every five, and every
such by-boat keeper and master to make oath at the
Custom House where they shall clear, of their having
shipp'd that proportion of fresh or green men, and to
receive a certificate thereof etc. ; but this being little
regarded, we humbly propose that all masters of fishing
ships and by-boat keepers be particularly oblig'd
COLONIAL PAPERS.
171G.
under a penalty, not only to ship off their compliment
of fresh or green men, but to take certificates thereof,
which upon their arrival in Newfoundland, they shall
deliver to the Admiral of the Harbour to be by him
sent to the Commodore, and that they give bond at the
Custom House to bring or send back their full compli-
ment of men, unless in case of death, or other unavoid-
able accident. The high demand of wages by all persons
imploy'd in the Fishery is represented to us as a great
obstruction to it. A boat master's wages about 6 or
7 years ago was from 12 to 14 for the season, and
now it is from 20 to 30, and that of the other seamen
and fishermen in proportion. This is attended with
two evil consequences. It makes the fish dearer in
foreign markets, and the men negligent and lazy, being
sure of their wages whether a good voyage is made or
not. Whereas formerly, when that Trade flourish'd
most, that part of the management was (and is still
in some places) as follows : The owners found the ship,
wear, tear and craft, and the Commander with his
men had for their labour one third part of the fish
taken and cured. Thus every man made it his business,
and took more care for the good of the voyage, having a
more particular interest therein ; for the more fish was
taken, the greater was his share ; if this method cou'd
be again re-establish'd, it wou'd undoubtedly be of
considerable advantage. By the 13th Article of the
Treaty of Peace concluded at Utrecht, it is stipulated
that all Newfoundland and the Islands adjacent, shall
thenceforth belong wholly to Great Britain, and all the
places there in the possession of the French, shall be
'yielded and given up within seven months after the
signing the Ratifications, and that the French shall only
have leave to fish in Petit Nore, wch. reaches from Cape
Bona vista to Point Riche ; but her late Majesty did
by her letter to the Commander in Chief of the Garrison
at Placentia permit the French that were not willing
to remain there, pursuant to the 14th Article of the said
Treaty, to sell and dispose of their plantations, beaches,
stages, fishing-rooms etc., according to wch. sevl.
persons have purchased of the French, who have left
that place, and by this means there are few or no fishing
rooms at Placentia etc. for fishing ships that shall
come there, but what must be hired from the purchasers
at their own prices, and that this is a new burthen
and imposition upon the Fishery in that part of the
country, is obvious to every one that is acquainted with
that Trade. How far it may be thought proper to
annul the said purchases, not warranted by the Treaty,
is most humbly submitted. But we must crave leave
to add that in case the French part of that Island be not
on the same foot as the rest of Newfoundland, it will
AMERICA AND WEST INDIES. 3&
1716.
discourage, if not prevent your Majesty's subjects
from going thither. There is an inconveniency arising
. from the said Treaty, wch. we humbly take leave to
lay before your Majesty, as follows: The French that
are allow'd to fish as aforesd., under that pretence,
bring great quantity s of European goods, which they
sell there, to the prejudice of our trade from hence,
wherefore we humbly offer that all goods and merchan-
dize and fishing craft brought into Newfoundland by
any alien, from any place, except Great Britain, be
forfeited, and the inhabitants prohibited under severe
penaltys from buying the same. There are some
French, who remain at St. Peters, Placentia, etc. by
virtue of the aforesaid Treaty, who bring yearly not only
their fishing tackle, but servants, fishermen and all
sorts of goods from France, and when the fishing season
is over, return thither again. These particulars not
being warranted by the Treaty, we humbly conceive,
may be remedy'd by your Majesty's directions to the
Commanders of your Majesty's ships of war there. And
as we do not find by the said Treaty the French are
allowed to erect any buildings besides stages made of
boards, and hutts necessary for drying of fish, so neither
is there any liberty given them to leave their boats at
Petit Nore all winter, which the St. Malo's men usually
do, and in the spring send 6 or 700 men two months
before hand, by which means they do commonly catch
fish enough before their ships arrive, and so are at the
markets in the Straits before us. If therefore they
cou'd be hindred leaving their boats, they wou'd in a
little time be tired of that Trade ; and particularly
if care were taken to restrain them, to the limits in
which they are allow'd to fish. Cape Ray being a very
good place for furrs, we are inform'd that many of the
inhabitants from Cape Breton with French Indians go
and remain there in the winter, to hunt and furr, which
not only prevents us in that trade, but will in time give
them a footing there again, if not remedy'd. We further
humbly propose that all military persons of what rank
soever, be absolutely prohibited from being concern'd
directly or indirectly by themselves or others in the
Fishery, or from disposing of fishing-rooms, beeches,
stages etc. to any persons whatsoever, or of hiring out
the soldiers to fish. By most of the returns we have
had from the out-ports, it is desired, that the masters
of fishing ships have liberty to continue the fishing
season to the last of August, if they shall find it necessary.
Lastly, if your Majesty shall be graciously pleased to
approve of what is before propos'd, we humbly offer
that the same be recommended to the Parliament,
in order to the passing a new law, and that these sevl.
particulars, as also all the clauses in the present
40
COLONIAL PAPERS.
1716.
Newfoundland Act (not intended by this Representation
to be alter'd) and particularly what relates to stages,
cook-rooms, etc., built since the year 1685, be inforc'd
by proper penaltys. [C.O. 195, 6. pp. 241-261.]
March 3. 71 . Lords Proprietors of Carolina to the General Assembly
St. James's. o f South Carolina. Acknowledge Address etc. We shall always
have great regard to your Representations and these matters
which we have now alter'd at your request might sooner have
been settled to your satisfaction if Mr. Boon, one of your Agents,
had not behav'd himself in a very insolent manner to our Board,
and likewise in contempt to your Instructions did refuse to attend
having notice to do so. And we therefore do leave it to you
Gentlemen to consider whether he ought to have the thousand
pounds which we hear was appropriated to him by an Act lately
passed which amonst other things does appoint 2000 to be
given to Mr. Boon and Mr. Beresford which for the sake of Mr.
Beresford and other matters contain'd in it, we do not think
proper to be wholly repealed. Signed, Carteret, P., J. Bertie,
F. Skipwith, M. Ashley, J. Danson. [C.O. 5, 290. p. 91.]
March 3. 72. Same to the Governor and Council of South Carolina.
St. James's. \y e lately received the agreable news that the king and great
men of the Cherrikee Indians had been amongst you and were
very willing and ready to imbrace such offers of Peace as
were made to them and we doubt not but by the friendly
assistance of those powerful nations an end may [be] put to the
war and the Yammasee Indians who have burnt and destroy 'd
your settlements and have been guilty of barbarous massacres
may be dispersed and entirely driven from their towns and
settlements amongst you. We therefore think fit to inform you
if so happy a Peace may be concluded amongst you, that the
intention of our Board here is that, that tract of land commonly
known by the name of the Yammasee settlement, be parcelled
out in proportions not exceeding 200 acres, and that the same
may be settled as an encouragement to such persons as are already
or as shall hereafter come to Carolina upon these terms viz.
for the first five years free from any manner of rent and from the
expiration of that term they may either purchase or rent the
said land according to the custom and usage of the country.
Signed as preceding. [C.O. 5, 290. p. 92.]
March 3.
St. James's.
73. Warrant of Same. We having received at Our last
Board an humble address from Our Assembly of South Carolina
wherein they represent that our Chief Justice being of the quorum
for passing the laws etc. is extreamly detrimental to the well
being of the Province and that they are dissatisfy'd that the
Provost Marshall's imployment should be in the disposal of the
Chief Justice, we therefore having great regard to the representa-
tions of Our Assembly do hereby revoke the said several powers
and authorities by us granted to Our Chief Justice Mr. Nicholas
Trott etc. [C.O. 5, 290. pp. 93, 94.]
AMERICA AND WEST INDIES. 41
1716.
March 3. 74. Same to the Governor and Council of South Carolina.
St. James's. You are to permit Capt. Michael Cole, his ship and crew to depart
the Province, any martial law or accident of the war notwith-
standing etc. [C.O. 5, 290. p. 95.]
March 5. 75. Mr. Secretary Pulteney to the Council of Trade and
Whitehall. Plantations. Encloses following. Continues : The accounts of
the officers of the garrison of Annapolis Royal being in great
confusion by reason that they have not been stated since the
commencement of their establishment for want of regular muster
rolls, I have lately obtained H.M. warrant for making out muster-
rolls, according to the last muster-roll from thence etc., which
I hope will rectify that disorder and enable the Pay Office to
issue their subsistence in due time if the officers continue to do
their duty in sending muster-rolls for the future, etc. No orders
having ever been given from my Office in relation to their provi-
sions, refers to officers lately returned etc. Signed, Wm. Pulteney.
Endorsed, Reed. 6th, Read 28th March, 1716. 2 pp. Enclosed,
75. i. List of (4) Officers lately returned from Annapolis. | p.
75. ii. Muster-rolls sent from Annapolis Royal, Nov. 1st, 1715.
Total, 320. No subsistence has been issued farther
than the 8th Aug., for want of regular muster-rolls.
All bills have been paid by the present Agent to this
time that have come to his hands, notwithstanding.
As to the clothing, v. 13th May, 1715, etc. Copy. 1 p.
[C.O. 217, 2. Nos. 17, 17 i., ii. ; and (without enclosures)
218, i. pp. 306, 307.]
March 5. 76. Capt. Taverner to the Council of Trade and Plantations.
Reply to Feb. 17. Refers to former answer by his wife to Cleeves'
complaints. No proof is offered in support of these charges.
(1) That he engrossed all the stages at St. Peters, except one,
and attempted to secure that too, on purpose to disappoint
Cleeves and let them at higher prices, is utterly false. He hired
two out of six, and three were not made use of. (2) Having bought
57 hhds. of salt the year before to make an experiment of the
herring fishing, and failing therein by their not coming in as
usual, he sold the salt and 150 hhds. more that had been left to
his care, and brought in English ships. (3) Taverner utterly
denies that he was the occasion of Cleeves' loosing 90 qlls. of
fish by Villdiaux, and (4) that Mounsr. Tuloon brought him 470
livres of goods from France. Being in great distress for want of
necessarys for himself and men, he applied to Cleeves to buy the
same of him, but he absolutely refused, and he was therefore
forced to take them of Tuloon. Denies that he forced the French
inhabitants to have their plantations survey'd or exacted 20s.
for every boat's room for doing the same, etc., but according to
his duty did survey all the Plantations on that coast, in order to
prevent their claiming more than did belong to them. Some
of them desired draughts thereof, and five or six did pay for
them, five or six more he gave, etc. The charges are malitious,
frivolous and vexatious. Signed, Wm. Taverner. Endorsed,
42 COLONIAL PAPERS.
1716.
Reed. 6th March, 17$. Primered., 6th June, 1717. 3| pp.
[C.O. 194, 6. No. 35.]
March 5. 77. Mr. Carkesse to Mr. Popple. The Commrs. of the
Custome house, Customs desire to be inform'd what Acts are pass'd in Jamaica
ondon. an( j o ^ er Plantations for the settling fees, and whether the
Officers of the Customs are contained therein. Signed, Cha.
Carkesse. Endorsed, Reed. 5th, Read 6th March, 17||.
Addressed. $ p. [C.O. 137, 11. No. 5 ; and 138, 14. p. 364.]
March 5. 78. Governor Lord A. Hamilton to the Council of Trade
Jamaica. an( j Plantations. By the accounts I have allready transmitted,
(14th and 28th Nov.) of the proceedings of the Assembly, I am
perswaded after such beginnings yr. Lopps. will not be much
surprized when I tell you that notwithstanding all that has hither-
to been done, in so distinguishing a manner, for the advantage
and quiet of this Island since H.M. happy accession to the Throne,
has proved ineffectuall. I send herewith three Acts, which are
all that have passed dureing two sessions of the late Assembly.
The first, for the effectuall discovery of all persons that are disaffected
to H.M. and his Government and to prevent all such persons holding
any office or place of trust within this Island, had its rise in the
Assembly, and notwithstanding the plausible title thereof as it
came up to the Council was indeed in my humble opinion, if I
may so call it, a Schism Bill, it requiering all persons in commission
civil! or millitary to receive the Sacrament in some parish Church
within this Island in three months after the passing of the Act,
under the penaltys therein mention'd, to which the Council made
an amendment viz., " Or in some Protestant Congregation toller-
atted by the Laws of England " etc. (v. Journal of Council). And
indeed I cannot but humbly be of opinion that even as the Bill
now stands, it is very little suited to the circumstances of a weake
and infant Colony, as I hinted in my speech when I gave my
consent to that law. However I conceiv'd it at this juncture
unadvisable for me to reject the Bill. The other two Acts are
of so little importance, that I need not say much of them, only
that the Assembly rejected a Bill to prevent the exportation of
gold and silver etc. sent them by the Council, which in my humble
opinion wou'd have been of much more service then the Act now
passed to prevent all fraudulent trade to Hispaniola and other
forreign parts. I am next to give yr. Lopps. a view of such laws
as have past the Assembly, which the Council could not agree
to without a direct violation to H.M. Letters Patents and Instruc-
tions to me, and giveing up their own rights. (1) An Act to
explain such parts of an Act for the prevention of law suits as relates
to escheats amended by the Council to which the House not
agreeing, the Bill dropt. v. Journal of Council, (ii) An Act
repealing an Act for the better securing the estates and interests
of orphans and creditors and to oblige Exors. to give security and
to return appraisments into the Secretary's Office, and for obligeing
Exors. to return inventories and for securing and improving the
estates of orphans disagreed to by the Council adhereing to their
AMERICA AND WEST INDIES. 43
1716.
amendments, and their reasons mentioned Journal of Council.
(iii) An Act to prevent the exportation of golcl and silver to forreigii
parts etc. (v. supra}, (iv) An Act for granting further relief in
relation to proving of wills and testaments and granting letters of
administration of intestates' estates disagreed to by the Council
adhereing to their amendments for the reasons mentioned, v.
Journal of Council, (v) An Act for applying 1300 currt. money
to make good 900 sterl. for the solliciting the passing of laws and
other publick affairs of this Island in Great Britain for three years,
rejected by the Council for their reasons contained in their message
to the House of Dec. 23rd. (vi) An Act to oblige the several
inhabitants of this Island to provide themselves with a sufficient
number of white people, and to maintain such as shall come over
within the space of three years or pay certain sums of money in case
they shall be deficient and applying the same to several uses. Dis-
agreed to by the Council adhereing to their amendments, and for
their reasons set forth in their message to the House Dec. 16th
and the Kingston petition, (vii) An Act to encourage the bringing
over and settleing of white people in this Island, disagreed to by the
Council adhereing to their amendments and for their reasons set
forth in their message to the House, (viii) An Act to secure
the freedom of elections and directing the proceedings in the choice
of members to serve in Assembly, disagreed to by the Council
adhereing to their amendments and for their reasons contained
in their message to the House, (ix) An Act to impose duties on
several commodities to defray the extraordinary charges of the
Government and applying the same to several uses, disagreed to
as preceding, (x) An Act to exempt new commers and new
settlers from taxes and duties for certain times. Sent down by the
Council but never return'd by the House. Second Sessions.
(i) An Act for appropriating several sums of money allready arisen
for the subsistance of H.M. Officers and Soldiers and discharging
publick debts. Rejected by the Council for their reasons in their
message to the House, (ii) An Act to secure the freedom of elections
and directing the proceedings in the choice of members to serve in
Assemblys. Amended by the Council, to wch. ye Assembly
not agreeing the Bill was lost. Your Lopps. will observe that the
materiall amendments made by the Council, center chiefly in
these three points. The asserting their right to amend money
bills. The insisting that all publick money should be payable
into the Office of H.M. Receiver General, and to make it issuable
only by warrant from the Governor by and with the advice and
consent of the Council. The raising, applying and appropriateing
money, as allso inspecting and examining accots., and representing
as there may be occasion being left to the Assembly. All these
are so strongly expressed in H.M. Letters Patent and Instructions,
that the Council conceiv'd it their indispensable duty not to
recede from them. I must own the two last particulars have not
airways been insisted upon ; but the late incroachments of
Assemblys not only on H.M. Prerogative, but also on the Council,
and these bills being so clog'd on these heads, as well as many
others, that it was conceiv'd absolutely necessary to insist on
44 COLONIAL PAPERS.
1716.
H.M. directions in these points, which are so demonstrably
calculate for the benefite and advantage of his subjects here.
To supply the loss of the Bill for raising a sume for solliciting
their affairs, a subscription was order'd to be drawn by a Com-
mittee of the Assembly to sollicite in England, the affairs of this
Island, to prevent any further misrepresentations, and the
members of the House order'd to recommend it to the severall
parishes, which was accordingly done, and a considerable sume is
thereby raised. How warrantably I submitt to yr. Lopps.'
judgement, (v. Journal of Assembly.} I should have been at a
loss to have conceiv'd what was meant by misrepresentations
at home, had they not explain 'd themselves in a report of their
Committee to consider the state of the Island, where amongst
other pretended grievances, they take notice of the turning
two Gentlemen out of the Council, which they can't suppose
could have been effected but from very unjust representations
of the persons and their- characters. I submitt to yr. Lopps.
if the late conduct of these Gentlemen, the one Speaker to the
Assembly, the other the Chairman of the Committee makeing
the report above mentioned, has not demonstrably made out
the character I gave of them to your Board. It would be endless
to trace the unfaire and disingenious proceedings of this Assembly,
and particularly in the sd. report, containing part of the substance
of an intended representation to H.M., of which I did twice by
Message, in pursuance to the 100 Article of my Instructions, in
vain demand a copy. If yr. Lopps. can have patiance and
leasure to peruse this report in the Minutts of the Assembly,
I am perswaded you will observe so much inveterate malice and
groundless calumny, and false and triefleing matters, no ways
pertinent to the state of the Island, that I hope you will not
think it meritts a particular answer, and indeed their whole
proceedings have been so violent and unreasonable and the
instances thereof appearing allmost in every page of their Minutts,
that I shall not trouble your Lopps. with them, only at* present
point out to your view a message I sent them and their Answer.
The indignity offered to my character by that Message was such
that I conceiv'd the bearing of it wou'd render authority
contemptable, I therefore threw the Message back to the three
members that brought it, and told them to carry back their
scandalous lible calling in question my loyallty to the King, and
to tell their House that when they apply 'd to their Govr. it ought
to be with decency and manners. The effecting any business
having been long before this rendered impracticable, by the
unanimous advice of the Council I dissolv'd them immediatly
by a short speech. Having receiv'd the Minutts of the Assembly
but some few days since I hope yr. Lopps. will excuse me if I
have not been able to degest so great a heap of matter into so
good form as I could wish, but I hope it will be intelligible etc.
I am now to give yr. Lopps. an accot. of what measures have
been taken for the security and support of the Government, left
altogether destitute and unprovided at so criticall a juncture,
the Revenue being not only exhausted, but greatly in debt, the
AMERICA AND WEST INDIES. 45
1716.
soldiers unprovided, and no hopes of better success at present
by calling a new Assembly. In these circumstances your Lopps.
will easily be of opinion that vigorous steps were necessary, and
I hope the expedient that has been found for the support of the
Government under the present pressing exigency s thereof will be
thought just and reasonable. And it is this. There being a
fund of about 8000 in cash and outstanding debts raised by an
Additional Duty Bill in 1712 and haveing ever since lain useless
in the hands of a Commr. of their appointment unappropriated,
and this late Assembly haveing inspected and stated the accots.
of this Fund, (v. Journal), I proposed to the Council the ordering
this publick money out of the hands of the said Commissr. into
H.M. Receiver Generall's, and the applying it towards the most
pressing exigencys of the Government ; to which the Council
unanimously agreed, as the only expedient under the present
necessity of our affairs, conceiving little more in this then what
they had on so good a foundation and reason asserted during the
late Assembly in relation to the issuing publick money vizt. by
warrant only from the Govr. by and with the advice and consent
of the Council. This being resolved was put in immediate execu-
tion, and the bond of their Commissr. in who's hand the money
was lodged cancelled in Council. With a frugall application
of this money, I hope to be able to support the contingencys
of the Government, till by H.M. authority measures may be taken
for the redress of our disordered affairs ; a state of which is now
prepareing by the Council to be laid before yr. Lopps. by a Repre-
sentation putting everything in the clearest light possible, with
their humble opinion thereon, which together with my own shall
be transmitted to your Lopps. by the next conveyance. Mr.
Chief Justice Heywood having dureing the late Sessions of
Assembly refused H.M. writ of Habeas Corpus to Major Thos.
Custis, then in custody of the Messenger of the Assembly on a
frivolous complaint against him in the execution of his duty as a
Melitia officer, and his declaring in Council that he never wou'd
have anything to doe where the Assembly was concerned, or
words to that effect, for that reason, and haveing for some time
had demonstrations of his encourageing and abatting that
party of men who have obstructed and opposed the Government,
and H.M. gracious intentions for the advantage and security
of this Colony, whereby our affairs have been brought to the
condition they are at present ; I thought it absolutely necessary
for H.M. service and the Country's to displace that gentleman, and
to appoint Mr. Bernard every way more equall to and better
qualify'd for that trust ; and have likewise from the same
motives by the unanimous advice of the rest of the Council
suspended him from his place there, for all which I shall by the
next conveyance send our reasons in the manner required by the
10th Article of my Instructions, etc. Signed, A. Hamilton.
Endorsed, Reed. 7th May, Read 14th June, 1716. 10| pp. [C.O.
137, 11. No. 22 ; and 138, 14. pp. 434-448.]
March 5. 79. Governor Lord A. Hamilton to the Council of Trade and
Jamaica, Plantations. I must beg leave to recommend John Moore, Edwd.
46
COLONIAL PAPERS.
1716.
March 6.
Whitehal.
March 7.
Whitehall.
March 7.
Whitehall.
March 8.
Pennent, Thos. Harrison, Anto. Swymmer, Samll. Moore, as
men of good estates and characters, and every way well qualify'd
to serve H.M. in his Council here. The first haveing been in
England ever since I left it, is altogether a stranger to me, only
from the generall character I have of him etc. ; I name him first
because he was an Assistant Judge before, and the three next are
now on the Bench. I mention Mr. Saml. Moore only in case his
brother do's not come. Your Lopps., I hope, will not think this
too large a recommendation, there being now but eight of the
Council present, so that you will see the necessity of strengthning
it as soon as may be, and if it shall be thought necessary to come
to an immediate nomination of no more then two, I should give
the preference to Mr. Harrison and Swymmer who have remark-
ably well behaved themselves in Assemblys in asserting truth and
reason when the numbers were against both. I think myself
obliged to acquaint yr. Lopps. with the disrespect the Assembly
have frequently expressed to your Board on occasion of communi-
cating to them extracts of your letters relaiting to their adjourn-
ing themselves and the Councill's right to amend money bills.
It might appear invidious to say more on this subject. Signed
and endorsed as preceding . 1% pp. [C.O. 137, 11. No. 23; and
138, 14. pp. 449-451.]
80. Mr. Popple to Sir James Bateman, Sub Governor of the
South Sea Company. Enquires whether the Company have
anything to add to their Memorial (v. March 1st). [C.O. 138, 14.
p. 371.]
81. Same to Mr. Attorney General. Presses for reply to
Dec. 6, 1715, concerning Naturalization Act of New York, " being
of great importance with regard to the settlement and quiet of
that Province," etc. [C.O. 5, 1123. p. 402.]
82. Mr. Popple to Sr. Nath. Lloyd, Advocate General.
Encloses Addresses, petitions etc. relating to the capitulation of
Nevis, etc. March 1st, 1716, and Oct. 5, 1715, together with
his own letter of July 29 and Sir Nathanael's report thereon,
Aug. 2, 1715, for his opinion on the whole as soon as conveniently
he can. [C.O. 153, 12. pp. 381, 382.]
83. Francis March and others to the Council of Trade and
Plantations. Reply to Memorial of South Sea Company, March 1st.
The Assembly of Jamaica have so far retracted as to consent to
a duty of 20s. per head generally laid for 20 years past. Such
duty is now raised by the Assembly at their Governor's pressing
instance for making a provision for payment of publick debts.
The Governor has often recommended the raising such a duty, and
their not raising it in the two foregoing Assemblys was equally
imputed as a fault. Many of the members of the Assembly,
as exporters of negroes are greater sufferers thereby than the
Company, etc. There is no advice yet arrived that the bill is
passed into a law, etc. The Company's design is to render the
AMERICA AND WEST INDIES.
47
1716.
Island odious, etc. Signed, Francis March, Jon. Carver, Ezekl.
Gomersall, N. Hering. Endorsed, Reed. Read 8th March, 17}.
2pp. [C.O. 137, 11. No. 7; and 138, 14. pp. 372-377.]
March 9.
Whitehall.
March 9.
Whitehall.
March 9.
Whitehall.
March 10.
St. James's.
March 10.
St. James's.
March 10.
St. James's.
84. Mr. Popple to Sir N. Lloyd. Enquires whether the
appeal upon the condemnation of the Eagle at New York has been
heard, etc. [C.O. 5, 1123. p. 422.]
85. Council of Trade and Plantations to Mr. Secretary
Stanhope. Reply to March 1st. We have discours'd with some
of the Directors of the South Sea Company and with several
merchants and planters concern'd in Jamaica. We are not yet
certainly inform'd of the matter of fact, but some of the gentlemen
that have been with us have assured us that the propos'd duty of
40s. was reduc'd to 20s. pr. head which is no more than what has
been rais'd upon all negroes exported for near 20 years pass'd ;
nor do we hear that the Act is yet pass'd ; so that we are not
at present able to give our opinion thereupon, but so soon as we
have further light herein which we may expect by a ship which
we hear is just arrived, we shall then lay before H.M. the state of
the matter as it shall appear to us. Autograph signatures . 2 pp.
[C.O. 137, 46. No. 13 ; and 138, 14. pp. 376, 377.]
86. Same to Same. Being now preparing answers to Brigadier
Hunter's letters, and finding that in some of the last, he has
again urg'd the necessity of sending ye usual presents to the Five
Nations of Indians ; of erecting a new Fort at the Lakes ; and of
augmenting the Forces at New York ; we take leave to remind
you of our letter, Nov. 18, etc., and desire to know whether H.M.
pleasure has yet been signify 'd thereupon ; which we hope soon
may be known, in order to write by those ships, that are now on
their departure. Autograph signatures. 1 p. [C.O. 5, 1085.
No. 24 ; and 5, 1123. p. 423.]
87. Order of King in Council. Approving of Representation
of Dec. 14, 1715, and appointing Roger Mostyn, Governor of the
Bahama Islands. The Council of Trade are to prepare a draught
of his Commission and Instructions. Signed, William Blath-
wayt. Endorsed, Reed. 20th, Read 23rd March, 17j. 1 p.
[C.O. 5, 1265. No. 19 ; and 5, 1292. pp. 504, 505.]
88. Order of King in Council. Appointing William Broderick
to the Council of Jamaica, etc. Signed, Robert Hales. Endorsed,
Reed. 1st, Read 2nd May, 1716. 1 p. [C.O. 137, 11. No. 14 ;
and 138, 14. p. 414.]
89. Order of King in Council. Confirming Act of Barbados
docking the entail of Mount Lucie Plantation, etc. Endorsed,
Reed. 9th, Read 10th May, 1716. Signed, Edward Southwell.
1 J pp. [C.O. 28, 14 : No. 49 ; and 29, 13. pp. 327, 328.]
48
1716.
March 13.
COLONIAL PAPERS.
90. Sir N. Lloyd to the Council of Trade and Plantations.
The appellants have thought fitt to drop the appeal in the case of
the Eagle, etc. Not that but the appellants might have reheard
the cause here. For by law appeals doe lye from the Admiralty
Courts in the Plantations, to the Lord High Admiral in the
High Court of Admiralty of England, in common maritime
causes. As in causes of prize property, as taken jure belli, to
the Lords of the Councell as Commissioners for Appeals in causes
of prize : by the American Act. Signed, Nath. Lloyd. Endorsed,
Reed. 13th, Read 14th March, 17$. 1 p. [C.O. 5, 1051.
No. 20 ; and. 5, 1123. p. 425.]
March 13. 91. Same to Same. Reply to March 1, concerning Nevis.
Some of the papers referred to were consider'd upon the Report I
made on 2nd Aug., 1715, which report I beg leave to re- affirm.
As to the other papers, viz., (i) The Address of the Lt. Govr. etc.,
Nevis, Sept., 1715, (ii) The petition of Thomas Abbott, etc. 5th
Oct., 1715, and (iii) the reply of the Lt. Governor and Councell
of Nevis to that report. These 3 are subsequent to my report and
on these I observe that No. 1 reciting, that the Commissar ys of
both Nations having nott yett mett etc., and praying, the King to
countenance their case, with the Commissarys, I humbly conceive,
that nothing can bee offer'd upon that paper, otherwise than as
itt shall seem fitt to H.M., to interpose and give in direction to
the British Commissarys, (when mett with those from France) to
take care of the Nevis interest, as their case shall appear to bee,
upon proofs to bee made before the Joynt-Commissarys, by all
parties. The depositions annex 'd being only affidavits ex parte.
As to the papers N. 2 and 3. I humbly concieve that, N. 2
being the petitioners charge ; and N. 3 being the Islanders
reply, and defense to that charge, and submitting the whole to
H.M. direction after the Commissarys of both Nations have mett
and setled those affairs : Therefore the parties on both sides must
bee first heard before the Commissarys, to prove their respective
charge, and defense : And when the Commissarys have mett, and
setled the facts, and a full state of the case shall bee layd before
H.M., and referr'd to the Board, your Lordships then, will have
true informations and a certain fact before you, to report upon,
in order for H.M. direction therein. Signed, Nath. Lloyd.
Endorsed, Reed. 13th March, 17$, Read 15th Nov., 1717. 3pp.
[C.O. 152, 12. No. 53 ; and 153, 13. pp. 164-167.]
March 14. 92. Mr. Popple to Mr. Carkesse. In reply to March 5,
Whitehal. encloses Acts regulating fees in the Plantations, etc. [C.O. 138,
14. p. 378.]
March 14. 93. Council of Trade and Plantations to the King. Recom-
Whitehall. mend John Johnson for the Council of New York in the place of
Saml. Staats, deed. [C.O. 5, 1123. p. 424; and 5, 1079, No.
92.]
AMERICA AND WEST INDIES.
49
1716.
March 15.
St. James's.
March 15.
Whitehall.
March 15.
Whitehall.
94. H.M. Warrant appointing William Broderick to the
Council of Jamaica, in the room of Francis Oldfield, resigned.
Countersigned, James Stanhope. Copy. [C.O. 5, 190. p. 332.]
95. Council of Trade and Plantations to Mr. Secretary Stanhope.
Abstract. Upon consideration of letters from Brigadier Hunter
and others, submit following particulars to be laid before H.M.
The trade of H.M. subjects is very much interrupted by French
ships under Spanish Commissions upon pretence of guarding
the Spanish coast. Propose that representations be made to
Madrid. Quote Hunter on need for preventing the total decay of
the trade of New York and adjacent Colonies by encouraging the
production of naval stores, and enclose proposal from proprietors
of land on frontier of New York, to supply the Navy with masts,
and yards. Propose that Hunter be authorised to contract
therefor. Quote Hunter's complaint of the clothing for the
Four Companies received from Col. Nicholson. "As we have
formerly had occasion to examine into that cloathing and seen a
sample of them, we must agree that they are no ways fit for that
cold climate or indeed for any of H.M. troops. But as the Crown
has paid for them, we offer that the Govr. have directions to
dispose of them as may be most for H.M. service." Autograph
signatures. 4 pp. Printed, N.Y. Col. Doc. V. 469. Enclosed,
95. i. Copy of C.S.P. 1715, No. 673 vi. [C.O. 5, 1085. Nos.
25, 25 i. ; and (without enclosure) 5, 1123. pp. 426-429.]
96. Same to Governor Hunter. Abstract. Request him to keep
despatches on the two provinces separate. Describe proceedings
upon Acts for payment of public debts and for naturalisation.
" So desirous are we to do anything that may tend to the quieting
and settling the minds of the people there." Are leaving Act
relating to sales by vendue as probationary. Will recommend
the Act for punishing negroes for disallowance, unless the Assembly
passes an amended Act. Refer to representation of Nov. 18 on
presents for Indians, a new fort and increase of soldiers. Presume
that the rebellion and disorders that have been here of late have
taken up so much of H.M. time, that his pleasure has not yet
been declared thereupon. Enquire as to the site of the proposed
Fort and whether it would be of use to obstruct communication
between Canada and Mississippi in case of a rupture with France.
Enquire whether David Jamisson, recommended by him for the
Councils of New York and New Jersey, is the man complained
of by Lord Bellamont, and, if so, how he has behaved since.
Do not approve of proposal to appoint a supernumerary Councillor.
The rule that there should not be more than twelve Councillors
was only broken in the case of Col. Quary, Surveyor General of
the Customs. In view of the Act for preventing extravagant
grants, confirmed in 1708, are surprized at his report of the scarcity
of lands, and think there is land enough, if the people were willing
to extend their settlements. As there are other extravagant
grants not resumed to the Crown by that Act, suggest that the
Assembly might be induced to vacate them. Acquaint him with
Wt. 26355. C.P. 4.
50 COLONIAL PAPERS.
1716.
their representations etc., on several matters. Commend his
care in putting Acts of Trade and Navigation into execution.
Enquire as to the cause of the failure he announces of the trees
prepared for pitch and tar in New York. Printed, N.Y. Col.
Doc. V., 470. [C.O. 5, 1123. pp. 429-436; and 5, 1079. No.
93.]
March 15. 97. Assembly of S. Carolina to [? Messrs. Boon and Beresfonl].
Charles Town. Abstract. Have seen letter from Beresford to Committee appoint-
ed by last Assembly to correspond with them, and are glad there
is hope something will be done at Court upon their address to
H.M. to take the immediate Government of the Province into their
hands. Enclose another to same effect. Unless H.M. does this
and sends men and money to defend it, the Colony will become a
pray to their barbarous enemies. The war has already cost this
Government 140,000, a greater burden than this poor Province
can possibly bear. The Charikees, after agreeing to combine with
them to attack the Upper and Lower Creeks, changed their
minds. Head men of the Creek and Yamussee nations
endeavoured to persuade them to massacre 300 of their men who,
under Col. Maurice Moore, had marched up to the Charikees in
order to persuade them to keep their promise. They had 500
men within 10 miles of the place to assist them. The Charikees,
after nearly consenting, changed their minds and fell upon the
Creeks and Yamussees who were in their towns and slaughtered
every man of them. They are now to co-operate with the
Charikees etc., who are the most potent nation of any that were
their enemies, but they are still at war with fifteen other nations
and without immediate assistance their case will be deplorable.
Mr. John Smith who escaped from the Creeks at Pensicola,
reports that the Creeks were supplied with arms by the French
at Mobile, who made presents to the head men of those nations
who are now our enemies, and had sent up a perriaugur, with
16 field pieces and a company of men to settle a fort among the
Albamas. Mr. Hughs was killed in going from Pensecola to the
Talapoochies by some French Indians, it is thought by order of
the Governor of Mobile. Their forces have lately obtained a success
over the Yamussees near St. Augustin and taken 30 prisoners.
They are now endeavouring to satisfy the Government of
Virginia, whose troops are returning home. Confess that if the
late Assembly had fully complied with the agreement made
between that Government and their agent, it would have cost
them less than the measures they will now be obliged to take.
Order their correspondents to lay this state of the Province before
the King. Signed, Tho. Broughton, Speaker. Endorsed, Reed.
Read 12th June, 1715. 3 closely written pp. Printed, N.C.
Col. Rec. II. 224. Enclosed,
97. i. Address of the Representatives of South Carolina to the
King. As soon as the most acceptable advice of your
happy accession to the Imperiall Crown of Great Brittain,
France and Ireland reached us your loyall subjects in
these remote parts of your Dominions we by publick
AMERICA AND WEST INDIES. 51
1716.
Address presum'd to congratulate yor. most sacred
Majesty on that blessed occasion, as also to signify to
your Royal Person the great distress we lay under by a
barbarous and inhumane Indian Warr, form'd and
carried on by an universall consent of all the Indian
Nations who being (by reason of their great numbers)
too potent for us, constrain'd us to supplicate you
Great Sir (who under God alone can support us) to
relieve and succour us with such forces as your great
wisdom judg'd convenient. Tis with no less joy
that we again take this opportunity of congratulateing
your Majesty on the glorious success of your arms
against the rebells in Great Brittain, and we earnestly
pray yt. God will give such success to yor. Royal
endeavours as will enable your Majesty to put an end to
this unnaturall rebellion, to confound and extinguish
for ever all hopes of the Pretender his open and secret
abetors and secure the peace and quiet of your Kingdom.
We are once more oblig'd with the greatest concern and
submission to lay before your Majesty the deploreable
circumstances of this your Majesties distress'd Colony
almost ruined by a warr with the numerous nations of
Indians round about us, who have reduced us to a narrow
compass, and destroy'd great part of our countrey with
fire and sword, which with the great expence we are at
to deffend ourselves against those our cruel enemies,
has almost brought us to an incapacity of any longer
being able to support and deffend ourselves, the
particulars of all which misfortunes we have order'd to
be lay'd before yor. Majesty by the Agents of this
Province, etc. Under these our. sad circumstances
Great Sir give us the Representatives of this Province
leave unanimously to throw ourselves under your
Majesties immediate protection, under whose care alone
(under God) we can be protected and redress'd, and
therefore humbly begg your most Sacred Majesty
to grant our humble request that this once flourishing
Province may be added to those already under your
happy protection, and which we are assur'd will be of
great consequence for the preservation of the adjoyning
Colonies and the increase of your Majesties Revenues.
Signed, by order of the House, Tho. Broughton, Speaker.
Endorsed, Reed, (from Mr. Boon and Mr. Beresford).
Read 12th June, 1716. 1 large p. [C.O. 5, 1265. Nos.
25, 23, and (duplicate of Address) 24.]
March 16. 98. Mr. Secretary Stanhope to the Governor of the Leeward
Whitehall. Islands. Major Peter Buor is to remain in the quiet enjoyment of
his plantation till H.M. shall think fit how to dispose of that
part of St. Christopher's which was the French Settlement, etc.
Signed, James Stanhope. [C.O. 5, 190. p. 332.]
52
COLONIAL PAPERS.
1716.
March 17.
March 19.
Whitehall.
March 21.
Whitehall.
March 22.
Whitehall.
99. George Carpenter to the Council of Trade and Plantations.
Lt. Genl. Mathew's petition for leave to visit his estate in Mary-
land, on condition that Genl. Hamilton is present in the Leeward
Islands, is referred to you by Mr. Secretary Hamilton, etc. Signed,
Geo. Carpenter. Endorsed, Reed. Read 20th March, 17^|. 1 p.
[C.O. 152, 11. No. 2 and 153, 12. pp. 382, 383.]
100. Mr. Secretary Stanhope to the Council of Trade and
Plantations. Encloses following for their report. Concludes :
If any difficulties shall occur to you which want explanation, by
sending to the Ordnance office, some of their Board will attend
you, etc. Signed, James Stanhope. Endorsed, Reed. 20th,
Read 21st March, 17$. 1 p. Enclosed,
100. i. Board of Ordnance to Mr. Secretary Stanhope. Enclose
following, " which are according to the last proposals
of Capt. Horneck, Engineer, for securing Placentia,
which scheme will not amount to near a sixth part
of the former." Continue : As the greatest part of
the material must be sent from the West of England,
or River of Thames, it is humbly propos'd that the
Council of Trade should recommend the same to the
Chamber of Exeter, and the merchants using the said
fishing trade, and that what cannot be sent this year,
may be early the next with the Engineer and Artificers.
Signed, Edw. Ashe, Tho. Frankland, John Armstrong,
Tho. Erie, M. Richards, D. Windsor. Endorsed as pre-
ceding. Copy. 1 p.
100. ii. Estimate of new proposal for fortifying and securing
Placentia. Reduction of the garrison to a cost of
1557 6s. Sd., a saving of 9729 3s. 4d. A new fort,
2242 16s. 6|d., instead of repairing the old forts,
20,000. Same endorsement. Copy. 2 pp.
100. iii. Estimate of materials to be sent to New England
(? Newfoundland] = 116 5s. Same endorsement. Copy.
2 pp. [C.O. 194, 6. Nos. 13, 13 i.-iii. ; and (without
enclosures) 195, 6. pp. 261, 262.]
101. Council of Trade and Plantations to Mr. Secretary
Stanhope. We have no objection to the granting of leave to
Lt. Governor Mathew in the manner desir'd (March 17). [C.O.
153, 12. pp. 383, 384.]
102. Same to Same. Reply to March 19. Eefer to represent-
ation on similar proposals for securing Placentia, March 10, 17}f .
Continue : It was then thought too late to send the necessary
materials that season, and we are afraid the same inconvenience
will be found now. As to the materials which are proposed to
be sent, the manner of their being sent, the freight and the prices
at which they are to be bought, we humbly conceive the Board of
Ordnance to be properest judges. Shou'd H.M. be pleased to
reduce the present establishment at Placentia to 57 men, as is
proposed, consisting of the garrison and the Ordnance officers,
AMERICA AND WEST INDIES.
53
March 22.
Whitehall.
1716.
we conceive the remainder may be usefully imploy'd on the
frontiers at New York, according to what we offer 'd Nov. 18th
last, if H.M. shall be pleased to approve of what we then repre-
sented. [C.O. 195, 0. pp. 263-265.]
103. Same to Governor Hunter. Abstract. As there is now
only one vacancy in the Council of New Jersey, (v. 13th Aug.)
intend to propose Robert Wheeler or John Bambridge. The Act
for holding the Assembly at Burlington, having been confirmed by
her late Majesty, can only be set aside by another Act, the pre-
amble whereof is to set forth the inconveniencies of the present
Act and to pray H.M. that it be repealed (v. Nov. 12th, 1715).
Have not heard anything of Mr. Sonmans since his arrival in
England, but will not fail to do justice. The Act to enable
Thomas Gordon, etc., having been long since confirmed, they have
nothing to answer in his letter of 21st May last. The other Acts
they will allow to lie as probationary. Call attention to the need
of an Agent for the Province, and that the persons concerned in
the private Acts transmitted have not directed anybody to
solicite the dispatch of them. Such acts are referred to the
Solicitor or Attorney General who will not report upon them, if
there is nobody here to follow them. On their removal, such Acts
are liable to be lost. Have spoken of the matter of Mr. Vesey
and Mr. Talbot and hope he will be made easy in that matter.
Printed, N.J. Archives, 1st Ser. IV. 227. [C.O. 5, 995. pp. 326-
329.]
March 23. 104. Mr. Popple to Nicholas Lechmere. Presses for return
Whitehal. of Act of Bermuda, v. May 16, 1715, and Feb. 18, 1716. [C.O.
37, 9. p. 326.]
March 23. 105. H.M. Warrant granting six months leave of absence to
St. James's, n Gen. Mathew. Countersigned, James Stanhope. Endorsed,
Reed. 17th, Read 18th June, 1718. Copy. I p. [C.O. 152,
12. No. 92 ; and 5, 190. p. 333.]
106. Mr. Popple to Sir E. Northey, H.M. Attorney General.
Encloses, for his opinion in point of law as soon as conveniently
may be, Acts of New York, Sept. 4, 1714, for shortning of law
suits, etc., and preventing the multiplicity of lawsuits. [C.O. 5,
1123, p. 437.]
[March 24.] 1 07. Roger Mostyn to be Govr. of ye Bahamas. Note
without date or signature, v. following. [C.O. 23, 12. No. 71.]
March 23.
Whitehall.
March 24.
Whitehall,
1 08. Council of Trade and Plantations to Mr. Secretary
stanhope. H.M. having been pleas'd by his Order in Council
of the 10th instant, on a Report of the Committee of Council
to whom our Representation of Dec. 14th last, was referr'd, to
direct us to prepare a Commission and Instructions for Roger
Mostyn Esq. to be Gov. of the Bahama Islands, we take leave to
explain that matter to you as follows. We represented the great
54
COLONIAL PAPERS.
1716.
consequence those Islands are of to this Kingdom by their
situation, that they had been neglected and deserted by the
Proprietors, that they had been plunder 'd four several times during
the late war by the enemy, the houses burnt down, the Fort
demolish'd, ye guns carry'd off, and that there remain'd not
above 12 family s upon all the Islands and those dispersed, that
the Govt. of the said Islands might be resumed to the Crown by
quo warranto or scire facias ; and that H.M. might appoint a
Governor, and provide both for the civil and military Government,
before any suit were commenced. But then we referr'd to
former Representations to her late Majesty, wherein a scheme
and method for peopling, setling and fortifying the Island of
Providence was propos'd ; For unless these Islands be secur'd
by a fortification, and some regular troops, it is not to be expected
a quiet settlement can be made there ; on the other hand, were
that done, there is no doubt from the conveniency of these
Islands for trade, and the commodiousness of the harbour of
Providence, but they wou'd soon be settled and improv'd to the
advantage of this Kingdom. We desire therefore you will please
to receive H.M. pleasure, whether the said Islands are to be
secur'd as aforesaid. In case they are, we shall be ready to lay a
scheme for that purpose before H.M., when demanded ; but if
this is not to be done, we do not see how a Commission and
Instructions can be properly prepar'd for a Governor of a place,
where there are but twelve dispers'd familys. Autograph
signatures. 2 pp. Enclosed,
108. i. Duplicate of preceding.
108. ii. Duplicate of C.S.P. 1715. No. 710. [C.O. 23, 12.
Nos. 70, 70 i., ii. ; and (without enclosures) 5, 1292.
pp. 505-507.]
March 25. 1 09. Petty Expenses of the Board of Trade, postage, station-
ery, etc. Christmas, 1715, to Lady Day, 1716. 4 pp. [C.O.
388, 77. Nos. 13-15.]
110. Mr. Secretary Stanhope to the Council of Trade and
Plantations. It is H.M. pleasure that some of your Board do
forthwith lay before the House of Commons all papers relating
to the Palatines who were sent to the West Indies, pursuant to
their Address to H.M. Signed, James Stanhope. Endorsed, Reed.
26th, Read 27th March, 1716. 1 p. [C.O. 5, 1051. No. 22 ;
and 5, 1123. p. 438.]
111. Council of Trade and Plantations to Mr. Secretary
Stanhope. In reply to 26th Jan., refer to March 5th, etc. We
are glad to finde that ye present Agent [of the garrison at Anna-
polis Royal] hath paid the Bills that came to his hands which
tends so much to the re-establishing the credit, to wch. end
it were to be wished the bills formerly drawn from New England
for provisions and other necessaries, were put in a method of
being clear'd. We have reconsidered our letters to you of 18th
May, 30th of June, 7th of July and 2nd Sept., which appear to
March 26.
Whitehall.
March 28.
Whitehall.
AMERICA AND WEST INDIES.
55
1710.
be so full in relation to the pay, provisions and cloathing, that
we shall add nothing further thereupon. [(7.0. 218, 1. pp. 308,
309.]
April 5. 112. Mr. Attorney General to the Council of Trade and
[? May 5.] Plantations. Reply subscribed beneath letter of May 1st. I am
of opinion the Act of 13 Car. II mentioned was a declaratory
law, that the power of disposeing of the Militia was always in
the Crown in all H.M. Dominions and was not vested in the
Crown by yt Act and I cannot see but yt the Crown may as well
put the disposition of ye Militia of a foreign Plantation in a
subject as it may ye powers of government as are granted to
several of the Proprietary Governmts. Signed, Edw. Northey.
Endorsed, Reed. Read 7th May, 1716. If pp. (Dated April 5,
apparently in error for May 5. v. April 28 and May 1st). [C.O.
5, 866. No. 85 ; and 5, 914. pp. 328, 329.]
April 6.
St. James's.
April 7.
Custom ho.,
Bristol.
April 9.
Whitehall.
April 10.
St. James's.
113. Order of King in Council. Appointing John Johnson
to the Council of New York. Signed, Robert Hales. Endorsed,
Reed. 1st, Read 2nd May, 1716. 1 p. [C.O. 5, 1051. No. 23 ;
and 5, 1123. pp. 442, 443.]
114. J. Reynardson to the Council of Trade and Plantations.
Encloses copy of former accounts which have miscarryed. Signed,
J. Reynardson, Collr. Endorsed, Reed. 9th April, Read 5th
June, 1716. Addressed. \p. Enclosed,
114. i., ii. List of ships cleared from Bristol to the Fishery
at Newfoundland, June 24, 1713 1715. Two each
year. Signed, J. Reynardson, Collr., Jno. Elbridge,
Compt. 2 double pp. [C.O. 194, 6. Nos. 17, 17 i.,
ii.]
115. Joseph Micklethwait to Mr. Popple. Encloses Act of
Barbados appointing himself, Mr. Heysham and Mr. Lloyd as
Agents, to be laid before the Board of Trade, and transmitted to
the Council office. Signed, Jo. Micklethwait. Endorsed, Reed.
27th April, Read 2nd May, 1716. 1 p. [C.O. 28, 14. No. 48 ;
and 29, 13. pp. 326, 327.]
116. H.M. Warrant to Governor Lord A. Hamilton. Whereas
it has been represented unto us, that there is due to you, and the
Council of that our Island of Jamaica for the subsi stance of
Col. Handasyd's late Regiment from 1st May, 1714, 27th
Aug. following, as also for subsisting our two Independant
Companies from 27th Aug., 1714, 13th Nov., 1715, 2706 6s. 3d.
And we being very sensible of the good service you and the
Council did in taking such care for the subsistance of these
troops, and understanding that the late Assembly has made no
provision for reimbursing you, notwithstanding the same was
recommended to them, and judging it highly just, that this
debt should be discharged, we do by these presents authorize you
to pay the aforesaid debt out of the first and readiest of the
56 COLONIAL PAPERS.
1716.
Revenue of that our Island, etc. And whereas the provision
made by the last Assembly for the necessary subsistance of the
Two Independant Companys for the time to come, does not
seem to be such as will answer that end, you are therefore hereby
authorized and empowred out of the first and readiest of our said
Revenues, to make up what the aforesaid provision shall fall
short until the Assembly shall make a more effectual provision
for the subsistance of these two Companys, which we judge so
necessary for the security of that our Island, etc. Countersigned,
James Stanhope. Copy. . [C.O. 5, 190. pp. 337, 338.]
April 10. 117. List of papers laid before the House of Commons relat-
ing to the Palatines. [C.O. 5, 1123. pp. 438-440.]
April 10. 118. Governor Hamilton to the Council of Trade and
Nevis. Plantations. Repeats March 1st. Continues : Since the fore-
going I have .visited the other chief Islands of my government
and find them all in a very defenceless condition, the forts and
platforms are very much out of order, most of the guns dis-
mounted, stores and ammunition wanting everywhere which
I humbly intreat your Lordships to recommend that we may have
a supply sent of all sorts for the four Islands. I sent according
to your Lordships' directions to the Governors of Anguilla and
Spanish Town to send me an account of the Virgin Islands,
which I herewith send you inclosed, but is but a very imperfect
one. Had I a man of war fitt to attend the station I should go
down myself and carry the Surveyor with me and then should
be able to give your Lordships a more particular account. How-
ever your Lordships will give me leave to make some particular
remarks on the several Islands. Crabb Island as they say and
as I am inform'd is most on't very good land but then it is
attended with this inconveniency that it lyes so very nigh the
Island of Porto Rico that nobody is secure in his property, that
the negroes or other slaves may upon the least disgust get over
to that Island where if once they gett among the Cowkillers
(which are a sort of Banditti which are settled in the remote
parts of that Island) there is no getting them again altho the
Governor of that Island should be inclinable to make restitution,
he'd hardly have it in his power. And I must observe that in
the reign of King James II, and in the time that Sir Nathaniel
Johnson was Governor of these Islands, there was a settlement
attempted to be made by several inhabitants that went from this
and the other Islands, but they were soon molested and all of
them taken of by the Spaniards and carry'd to St. Domingo
where they were kept a considerable time as prisoners or rather
slaves for they were put to all hardships slaves usually undergo
in these parts, and it was in a manner so many inhabitants
lost from these Islands. The next island is St. Cruise which
they say they have no knowledge off nor durst they go there
to view it by reason of Spanish privateer or rather pirate that
was then hovering about, who had taken an English turtling
sloop and some French vessells as I am informed, but by what
AMERICA AND WEST INDIES. 57
1716.
I can learn there is a pretty deal of good land, and the people of
Anguilla are very desirous to remove from that Island to the
former, setting forth in a petition (enclosed) that the Island of
Anguilla is quite wore out and that they can no longer subsist
thereon, and therefore desire that I would grant them patents
for parcells of land and to make a settlement there, but I shall
wait for your Lordships' directions therein ; at the same time
I must observe that the French had once a settlement upon that
Island and had pretty many inhabitants thereon but were all
removed by order of the French King in the beginning of the
former war about 1690 or 1691, by reason as I am informed of
the many landing places that are upon that Island and that the
people would be continually exposed to the insults of our priva-
teers or to be wholly taken by a small force that might have been
sent against them ; therefore I must wholly leave it to your
Lordships' judgement whether it will be for the advantage of
the Crown to have H.M. subjects scatter'd up and down in small
Islands and exposed to the insults of our enemies in case of a
war with any foreign power, were these peopled as well as those
of the other little Virgin Islands and had encouragement given
them by granting them small plantations in the former French
part of St. Christophers, I conceive it would be vastly for H.M.
interest and the strengthning of the four chief Islands. The next
Island is Tortola, they themselves own is good for little. As for
Spanish Town that has the most inhabitants upon it, but do live
but very meanly, and being but a very ordinary little Island,
and of no profit to the Crown. As for Beef Island 'tis hardly
worth mentioning. By all which your Lordships may perceive
how little it is consistent with what Captain Walton informed your
Lordships and his desire of having it made a seperate Government,
besides that we really want inhabitants upon every one of the
four chief Islands, but I must wholly submit to your Lordships'
judgement and directions in every particular. I now come
to the Island of St. Christopher's, particularly in relation to
the former French ground, where I find that most part of the
land has been granted by my predecessors, the former Governours
to several people but chiefly to the inhabitants of that Island,
which grants have been most renewed by the Lieutenant General
before my arrival as your Lordships will see by the inclosed list
I had from the Lieutenant General. This way of settlement
will very little add to the strengthning of that Island, but if
encouragement was given for people from other parts to come and
settle, that would not only be for the advantage of H.M. interest
in that Island, but the strengthning of the rest of the Islands
under my Government, for I must observe to your Lordships
what has weaken'd these Islands most has chiefly been occasioned
by rich men's buying out the poor out of their little settlements,
by this means they have been in time drove off of the Islands,
and should the people of St. Christopher's that have plantations
in the English ground have others granted them, or continued
in the grants they have obtained (by what means I know not)
it will not at all prove for H.M. interest nor the strengthning of
58 COLONIAL PAPERS.
1716.
the Colony, but this I must likewise submit to your Lordships.
I must observe that most of the French plantations had very
irregular bounds, and therefore it would be necessary that when-
ever there be directions from H.M. for the settling that part of
the Island, that orders should be given to the Surveyor that an
East and West and North and South line should be struck thro
the two former French parts (they being the East and West end
of the Island), that from thence all plantations might be laid out
in such square tracts or quantity of acres that should be granted
by the Crown to particular persons ; this would not only make
the Island look like a garden, but prevent in time to come any
vexatious law suits or wranglings which must otherwise of
necessity ensue but will prove vastly to the quieting the inhabit-
ants. In my former I acquainted your Lordships Captain Soanes,
H.M.S. Seahorse, did design to leave this station and notwith-
standing all the arguments that I have used, he does persist in
his resolution of going home for Great Brittain, before the arrival
of the other ship of war to supply his place, and notwithstanding
that we have now pirates among these Islands which I had an
account of one of the Lieut. Governor of Antigua had been seen
off for eight or ten days to the Windward part of that Island.
I therefore ordered the said Soanes to cruize five days to the
East part of that Island between the latitude of sixteen and
eighteen who is now return'd but as I understand .went only a
little to the South East of that Island and so came down again
not without some reflections on his being sent to cruize etc.
Refers to enclosure, whereby he peremptorily resolves to leave
this station, by which I shall be left without a man of war and
if any pirates are or should continue among these Islands, it will
not only prevent my going from Island to Island as H.M. service
will require me, but very dangerous to the ships trading to and
from these Islands. I must observe to your Lordships that the
Captain complains of his ship's incapacity notwithstanding that
in the small time he has belonged to this station he was four
months absent, and was near three of them at New York where
he might easily have fitted and might have been supplyed with
all necessary s, for what reason he did not he knows best. Signed,
W. Hamilton. Endorsed, Reed. 14th, Read 15th June, 1716.
pp. Enclosed,
118. i. Duplicate of No. 68 i.
118. ii. Capt. Soanes to Governor Hamilton. Seahorse, 8th
April, 1716. I have used my endeavour to comply
with your Excellency's order so far as wind, weather,
currants and the condition of the ship would permit,
which I think very unreasonable for a ship wholly
uncapaciated to beat the sea to go on such a frivolous
errand, no such thing as a pirate being there, only Mrs.
Byam was to go to Barbuda and she thought herself
not safe without a man of war to cruize that way. I
spoke with those that ran down that latitude bound for
Jamaica that saw none, etc. I have but barely provisions
left to carry me home. Designs to sail in two or
KJL
'2
AMERICA AND WEST INDIES. 59
1716.
three days, etc. Signed, Jos. Soanes. Same endorse-
ment. Copy. 1 p.
118. iii. Account of 95 grants of 6563 acres of land to 62
Planters in the late French part of St. Christophers
made by Governors Christor. Codrington, Douglas,
Mathew and Smith. Same endorsement. 5 pp.
118. iv. Petition of Abraham Howell, Governour of Anguilla,
for himself and in behalf of the rest of the inhabitants,
to Governor Hamilton. The Island is soe very poor and
barren, that it will not produce subsistance for the
inhabitants, soe that in a very short time they must
leave the same or inevetably perish for want of land
to cultivate and manure. Prays him to grant patents
to them for the settlement of St. Cruix, a very large
island uninhabited and withall of a very fertile soil
and commodious with good roads for shipping and trade,
etc. I p.
118. v. Report upon the Virgin Islands. The soil of Crabb
Island, Sta. Crux and Tortola is described as very rich.
St. Johns and the rest of the small islands as good for
little or nothing. Signed, Tho. Hornbe, Abra. Howell.
1 p.
118. vi. List of the Inhabitants of Spanish Town, Tortola
and Beef Island. Spanish Town : 50 men, 46 women,
151 children, 125 negroes. Beef Island : 4 men,
4 women, 9 children, 6 negroes. Tortola : 20 men,
23 women, 60 children, 44 negroes. Endorsed as covering
letter. 1 p.
118. vii.-ix. Governor Hamilton's Speech to the Assembly
of Antigua with their answer, welcoming him and
protesting their loyalty, etc. The whole endorsed as
preceding. Copies. 1 pp.
118. x. Address of the Lt. Governor, Council and Assembly
of Antigua to the King. Congratulate H.M. on the
late happy victories obtained over his unnatural and
rebellious subjects, and upon his choice of a Ministry,
etc. Return thanks for sending Walter Hamilton as
Governor, etc. Signed, Edward Byam, John Hamilton,
Wm. Thomas, Bar. Tankard, Vail. Morris, John Fry,
E. Warner, R. Oliver ; Archd. Cockran, Speaker, Hump.
Osborn, Jas. Nisbitt, John Burton, John Duer, Jac.
Morgon, Benj. Wickham, Bar. Looby, John Gamble, Giles
Watkins, John Combe, Tho. Turner, And. Murray, Win.
Paynter. Same endorsement. 1 p.
118. xi. Address of the Lt. Governor, Council and Assembly of
Nevis to Governor Hamilton. We are most thankfull
to the King's most excellent Majesty for appointing
you, notwithstanding all the uncommon malicious
endeavours of your enemies, etc. Signed, Danl. Smith,
Jas. Bevon, Aza. Pinney, Lawce. Brodbelt, Jas. Milliken,
Robt. Ellis, John Richardson, Mich. Smith, John
Pinney ; Rogr. Pemberton, Speaker, Saml. Gardner,
60 COLONIAL PAPERS.
1716.
Geo. Meriwether, Richd. Brodbelt, Jas. Symonds,
Josiah Webbe, Archd. Hamilton, Wm. Maynard, John
Dasent. Same endorsement. 1 p.
118. xii. Address of the Governor of the Leeward Islands and
the Lt. Governor, Council and Assembly of Nevis to the
King. Charlestown, 12th April, 1716. Congratulate
H.M. on the success of his arms and councils in the late
unnatural and unprecedented Rebellion, to the confusion
of the Nation's enemies, the friends of Popery and arbi-
trary power both at home and abroad, etc. Signed,
W. Hamilton, Dan. Smith, Richd. Abbott, Ja. Bevon,
Aza. Pinney, Lawce. Brodbelt, James Milliken, Robt.
Eleis, Jno. Richardson, Mich. Smith, Jno. Choppin,
Cha. Bridgwater, John Pinney ; Jeremiah Browne,
Speaker, John Dasent, Saml. Gardner, Rogr. Pemberton,
Richd. Brodbelt, Thos. Wallwin, Josiah Webbe, Win.
Kitt, Tho. Cressey, Robt. Pemberton, John Woodly,
Mich. Williams, Saml. Jefferys, Archd. Hamilton.
Same endorsement. 1 p.
118. xiii. Address of the Lt. Governor, Council and Assembly
of Nevis to the King. Return thanks for the appoint-
ment of Governor Hamilton, whom they had recom-
mended, and whose zeal for the Protestant succession
they had been more than twenty years witness of.
'"' We were astonished at the false and malicious
insinuations of his enemies," etc. Signed as preceding
excepting Governor Hamilton. Same endorsement. 1 p.
118. xiv. Address of the President and Council of Montserratt
to the King. Congratulate H.M. on defeat of the
rebellion and return thanks for appointment of Governor
Hamilton, " the only person to heal the breeches and
unite the divisions amongst us, that have been occasioned
by the male administrations of our late Generalls," etc.
Signed, William Frye, John Daly, Geo. Wyke, W.
Gerrish, Edward Parson, Antho. Ravell, William White,
Antho. Fox, Wm. Barzey. Same endorsement. 1 p.
118. xv. Address of the President and Council of Montserratt
to Governor Hamilton. Express gratitude to H.M.
for appointing him, " having all of us experimentally
found the effects of your good government both in
military and civil affairs," etc. Signed and endorsed as
preceding. 1 p. [C.O. 152, 11. Nos. 6, 6 i.-xv. ; and
(without enclosures) 153, 12. pp. 403-412.]
April 10. 119. Mr. Popple to Lt. Governor Caulfeild. Acknowledges
Whitehall, letters of 1st and 23rd Nov. last. The Council of Trade and
Plantations having fully represented to H.M. the state and
condition of the garrison at Annapolis Royall, they doubt not
but such orders will be given, as will for the future effectually
prevent the hardships and inconveniences which the said garrison
have hitherto suffer'd. [C.O. 218, 1. pp. 309, 310.J
AMERICA AND WEST INDIES.
61
1716.
April 14.
Nevis.
April 16.
Whitehall.
April 18.
Whitehal.
120. Governor Hamilton to the Council of Trade and
Plantations. This accompanys an Act past here by the Council
and Assembly and assented to by myself, for settling 1000 this
money per annum on me during my Government in lieu of the
rent of a house, the which is probable with a first view will appear
to be contrary to my Instructions, but I am so far resolved
on a strict observation of them, that I assure your Lordships I
have not, neither will I take or make use of one farthing thereof
until the Act has been laid before your Lordships, and I have
received your answer thereto, which I beg may be as soon as
possible, and withall I must intreat your Lordships to get the
said Act laid before H.M. in order to its being rejected or confirm 'd
as your Lordships see most proper, the first of which in respect of
my interest as well as my own inclinations will be as agreeable as
the latter. For tho the sume therein mentioned seems so far
to exceed the sume limitted by my Instructions yet I do assure
your Lordships that the same sometimes will scarce produce
400 sterling, were it to be remitted for England in the growth of
this country, in which specie (if the Act be confirmed) I must
take the same there being no such thing as money in any of these
Islands, the want whereof lays Trade as well as everything else
under very great difficulties, and indeed the members of the
Council and Assembly are so sensible thereof as well as of the
loss on returns from home, that they believe it will be easier for
the Publick to pay 1000 here than 400 in England, which I
presume has been the occasion to make this offer. I do assure
your Lordships that I faithfully communicated to them that part
of my Instructions which relates to this matter, and that it was
their ease in the manner of payment that chiefly induced me to
pass the Act, however, as I have already assured your Lordships,
I will not take one farthing until I have your opinion, etc. The
extravagant prices which we are obliged to give for all necessaries
of life in these Islands would give me an opportunity of demon-
strating to your Lordships the very great expence that must
necessarily attend a Governour, etc. Signed, W. Hamilton.
Endorsed, Reed. 14th June, 1716, Read 18th Feb., 1716 (1717).
l^pp. [C.O. 152, 11. No. 46; and 153, 12. pp. 449-502.]
121. Mr. Popple to Governor Hunter. Abstract. Has little
to add to Board's letter enclosed (? 15th March). Urges the
necessity of appointing agents for each Province. Private acts,
for instance, referred to the Attorney and Solicitor General, will
lie for ever in their hands for want of such agent to pay their
fees, and if the Board had reported (as they were inclined to do)
that the persons he had recommended should be appointed
Councillors, nothing would have been done therein, for want of
a person to pay the fees in the Council and Secretaries Office,
etc. Printed, N.Y. Col. Doc. V. 472 and N. J. Archives, 1st
Ser. IV. 229. [C.O. 5, 1123. pp. 440-442.]
122. Council of Trade and Plantations to Mr. Secretary
Stanhope. There being some ships design 'd in a few days for
62 COLONIAL PAPERS.
1716.
Jamaica, we are preparing answers to the several letters we have
receiv'd from the Lord Archd. Hamilton ; before the despatch of
which we take leave to remind you what we writ you the 17th
Feb., particularly in relation to the subsistence of the Forces
there, upon which, if the same be not already done, we conceive
it wou'd be absolutely necessary for H.M. service that His Royal
pleasure be soon declared to prevent the disorders which we are
apprehensive may ensue from the little care which the Assembly
seems to take for their subsistence. Autograph signatures. 1 p.
[C.O. 137, 46. No. 14 ; and 138, 14. p. 406.]
April 19. 123. Council of Trade and Plantations to Governor Lord
Whitehal. A. Hamilton. We are now to answer your Lordship's letters of
31st Jan., 26th April, 2nd July, 30th Aug., 14th and 28th Nov.,
1715. We are sorry to find that notwithstanding H.M. most
gracious letter to your Lordship, the confirming the two advan-
tageous laws we sent you over and the readiness we have shewn
to concur in and promote whatever might be propos'd for the good
and advantage of the Island, the Assembly shou'd be so far
wanting to themselves and their Country, as not to make a suitable
return ; as to their manner of providing for the subsistence of
the soldiers, we look'd upon it to be somewhat extraordinary
and as your Lordship will see by the enclosed copy of our letter
to Mr. Secretary Stanhope, we lost no time in representing it
to the King. We have wrote again to the Secretary to remind
him of the necessity of having H.M. pleasure declared upon that
subject. In the mean time we shou'd hope that when the
Assembly comes seriously to consider the great number of negroes
in the Island, how it is in a manner surrounded by the French
and Spaniards and compare these circumstances with the weak
state of their own Militia, they will lay aside any private views
and be induced to think that their own safety is worth looking
after. For our part we do not conceive how that can be preserv'd,
even without a greater number of regular troops, till the Island
is sufficiently strengthen'd by white people. Your Lordship
will farther see by our said letter what we did in relation to the
Assembly's sending over their Address without your Lordship's
concurrence. As to what your Lordship mentions of allowing
appeals from the Court of Chancery to H.M., we are of opinion
that the 92nd Article of your Instructions being general and
requiring security to be given by the appellant for effectually
prosecuting his appeal, answering the condemnation and paying
the costs and charges, which shall be awarded in case the sentence
of the Chancery be affirm 'd your Lordship is sufficiently authoriz'd
to admit of such appeals, provided the sum appeal'd for exceed
500 sterl. the latter part of that Instruction being also general
and providing that execution be not suspended by reason of
appeals, we think your Lordship will do right not to stop the
execution of any sentence in Chancery tho an appeal be admitted
to the King. We have laid before H.M. what your Lordship
writes about the Spaniards taking our ships, and we do not doubt
but effectual care will be taken to prevent the like for the future,
AMERICA AND WEST INDIES.
63
1710.
April 20.
St. James's.
April 20.
Whitehall.
April 21.
Whitehall.
April 21.
Whitehall.
April 23.
Whitehall.
The 44th Article of your Lordship's Instructions relating to
patentees and the consequence of their appointing deputies not
fit to officiate in their stead, we desire your Lordship to give
us a particular account how the said offices are executed ;
whether they are rented to the deputies at such a rate as may
occasion their exacting upon the inhabitants and any other
observations that your Lordship may make thereupon. The
South Sea Company having presented to H.M. a memorial (v.
March 14), we send your Lordship a copy, and of our letter to
Mr. Secry. Stanhope thereupon, whereby you will perceive,
we cannot fully report that matter to H.M. till we have a farther
light in it. We send your Lordship a copy of a memorial deliver'd
to us by several Planters and others, that you may return your
answer to it. Your Lordship may be assured that we shall not
give credit, much less make any report upon any complaints or
insinuations to your Lordship's disadvantage till we shall have
acquainted you with them and given you an opportunity of
making a reply. [(7.0. 138, 14. pp. 408-412.]
124. Lords Proprietors of Carolina to the Governor and
Council of South Carolina. H.M. having been graciously pleas'd
to grant to the inventors or proprietors of a machine for diving,
his letters patents for the getting and obtaining such wrecks at
sea as shall or may be found within the limits mention'd in the
said letters patents. And the Directors of the said machine
having made their application to us for our protection of their
ships (now setting out upon that account), etc., we therefore
earnestly recommend Capt. Cuthbeard and Capt. Archer with
their vessels to your favour and assistance, etc. Signed, Carteret,
Palatin, M. Ashley, J. Danson. [C.O. 5, 290. pp. 95, 96.]
1 25. Council of Trade and Plantations to the King. Propose
William Carter for the Council of Barbados, in place of John
Pilgrim, deed. (v. 30th Dec., 1715). [C.O. 29, 13. p. 326.]
126. Mr. Secretary Stanhope to the Council of Trade and
Plantations. H.M. having been pleased to appoint Colonel
Samuel Shute to be Governor of Massachuset's Bay in New
England, in the room of Elizeus Burges, Esq., you are to prepare
a draught of a Commission and Instructions for him, etc. Signed,
James Stanhope. Endorsed, Reed. 28th April, Read 1st May,
1716. 1 p. [C.O. 5, 866. No. 82 ; and 5, 914. p. 323.]
127. Same to Same. Similar instructions to prepare a
commission etc. for Samuel Shute to be Governor of New Hamp-
shire. Signed and endorsed as preceding. 1 p. [C.O. 5, 866.
No. 83 ; and 5, 914. p. 324.]
128. Same to the Lords Proprietors of Carolina. H.M.
having thought fit to order a number of rebels, who were taken
at Preston to be transported to his Plantations in America, I am
to acquaint you that it is H.M. pleasure, that you send directions
64
COLONIAL PAPERS.
1716.
April 23.
Whitehall.
April 24.
Whitehall.
April 28.
St. James's.
April 28.
St. James's.
to the Governor of Carolina, that as soon as any of them land in
any place or port of that Government, to appoint a sufficient
guard for securing them til they are dispos'd of according to the
terms of the indentures they have entred into, and to take notice
that such of the prisoners as have not entred into indentures,
of whom there are some, are not to be set at liberty until they
have engaged themselves by indentures in the same way as the
others. Signed, James Stanhope. [C.O. 5, 190. pp. 333, 334.]
129. Same to Governors Lowther, Spotswood, Hart, Walter
Hamilton, Ld. A. Hamilton, and Shute. Circular letter as
preceding. [C.O. 5, 190. pp. 334, 335.]
1 30. Same to the Council of Trade and Plantations. Having
laid before the King your letter of the 18th I am to acquaint you,
that in pursuance of what you proposed, Feb. 17th, etc. directions
are sent to the Governor of Jamaica for paying of the debt
contracted for the subsisting of these forces, out of the first and
readiest of the Revenues of that Island and for continuing to
subsist them in the same way till the General Assembly fall upon
some other method for their subsistance. Signed, James Stan-
hope. Endorsed, Reed. 27th April, Read 1st May, 1716. 1 p.
[C.O. 137, 11. No. 13 ; and 138, 14. p. 413.]
131. Order of King in Council. Referring following to the
Council of Trade and Plantations, to hear petitioners and report
their opinion thereon. Signed, Robert Hales. Endorsed, Reed.
30th April, Read 1st May, 1716. 1 p. Enclosed,
131. i. Petition of Richard Partridge, Agent for the Colony of
Rhode Island and Providence Plantation, to the King.
Col. Surges, the late Governour of New England was
directed in his Instruccons to take upon him the
command of the Militia of Rhode Island, and Providence
Plantation. The power of the Militia is vested in the
Governor and Company of the said Colony by the
Charter of K. Charles II ; by virtue whereof they have
many years enjoyed the priviledge of comanding their
owne Militia, which should they now be divested off,
it would be attended wth. very ill consequence. Peti-
tioner prayed to be heard against the same, etc., but
another person having since been appointed, prays to
be heard in behalf of the Colony, being apprehensive the
same instruction may be prepared for him by the
Commissrs. of Trade. Copy. 1| pp. [C.O. 5, 866.
Nos. 84, 84 i. ; and 5, 914. pp. 324-327.]
132. Order of King in Council. Referring following to the
Council of Trade and Plantations for their report. Signed,
Edward Southwell. Endorsed, Reed. 8th, Read 10th May, 1716.
1% pp. Enclosed,
132. i. Petition of Sir Edward Ernley to the King. On behalf
of his brother John Colleton, prays that he may be
AMERICA AND WEST INDIES. 65
1716.
appointed to the Council of Barbados, notwithstanding
Sir John Colleton's opposition, etc. Set out, A.P.C. II.
No. 1254. Copy. 1 pp. [C.O. 28, 14. Nos. 50,
50 i. ; and 29, 13. pp. 329-331.]
April 30. 1 33. Abstract. Governor Hunter to the Council of Trade and
Amboy. Plantations. Received his Instructions of 7th Sept. about a month
ago. Our Indians attacked the enemies of Carolina and brought
back several scalps and some prisoners. Believes that war is
near an end, but if not our Indians will march in a body in the
spring to attack them. This will serve as an answer to that odd
memorial of Mr. Lodowick's. The Council were as much sur-
prised at it as he was, and all denied that they had written to him to
that purpose. The memorial is really Mr. Nicholson's. Replies
to the suggestion that Col. Peter Schuyler was slighted. Admits
that he thinks very highly of Col. Morris. Encloses accounts of
building forts and explains provisions of the Revenue Act and
begs that it may be confirmed. "It is not in the power of men
or angels to beat the people of this Continent out of the silly
notion of their being gainers by the augmentation of the value of
plate." The number of Militia is 5060. The inhabitants do
not increase so fast as in the neighbouring Provinces where the
purchases of land are easier. Great numbers of the younger
leave Long Island yearly to plant in the Jerseys and Pennsilvania.
If they could extend their limits, as proposed in his last letter,
the people might be kept at home. Trade does not decay, though
the low rates of flour in the West Indies sometimes damps it for
a season. News has arrived of the Pretender's flight. On the first
news of that rebellion, Hunter framed and signed an Association
against him, which he sent to the Council, who signed it, as did
almost all ranks of men. Mr. Vesey has acknowledged his errors
and promised to behave better in the future. He was put upon
going to England by Mr. Nicholson. The late Chief Justice was
in the plot, but as he is dead, will only say he was the most
ungrateful of men. Refers to enclosures iii. and iv. He will
interpose in the former. Signed, Ro. Hunter. Endorsed, Reed.
20th June, 1716, Read 14th Nov., 1717. Holograph. 8 pp.
Printed, N.Y. Col. Doc. V. 475. Enclosed,
133. i. Account of money remitted and raised for building forts
in the Province of New York, 1703 ff. Endorsed as pre-
1 ceding. 1^ pp.
1 33. ii. Copy of the Association of the Governor and Inhabitants
of New York against the Pretender. New York, Dec.
16, 1715. We who have hereto subscribed our names in
duty to God and our King and due regard to our holy
religion, our country and prosperity do solemnly declare
and promise that we will to the utmost of our power
and ability support maintain and defend H.M. rightfull
and lawfull title to the sovereiginity of Great Britain
and all other the Dominions and Territories thereto
belonging agt. the Pretender and all other Pretenders
whatsoever, their associates and abettors. And we do
Wt. 26355. C.P. 6.
COLONIAL PAPERS.
1716.
further in the most solemn manner promise and engage
to one another that we will cheerefully and readily
joyn together when thereto required by lawfull authority,
at such place within this Province and in such manner
as shall be by the sd. authority appointed to oppose and
suppress all such efforts as shall be made by the secret or
avowed friends or abettors of the said Pretender, etc.
Same endorsement. 1 p.
133. iii. Bill of indictment found by the Grand Jury of New
York against Thomas Clarke, merchant, for seditiously
stating that most of the best imployments in America
and the West Indies were exercised by men of that
country (meaning that part of Great Brittain formerly
called Scotland) and that wee needed them (meaning
the Governor etc.) not. Also that King William was an
alien and at his death could not dispose even of his
personal estate, etc. Same endorsement. Copy. 1| pp.
133. iv. Bill of indictment found by the Grand Jury of New
York against William Vesey. Whereas on 2nd Dec.,
1709, the greatest body of the inhabitants of the City
of New York were descended of the Dutch Nation
allways had and continue to have and use their own
national worship in the Dutch language and their
ministers from time to time supplyed from Holland by
the classes of Amsterdam. And whereas there then was
and still is in the said City a very considerable congre-
gation of French Protestants who in like manner use
their own manner of worship in the French language.
And whereas the said Dutch and French Congregations
have allways accounted themselves so very happy
and easy in the free exercise and enjoyment of their
own way of worship that most of them not only have
contributed peaceably, chearfully and willingly towards
the payment of the sallary of the minister of that
Congregation in the said city in communion of the
Church of England, but have also freely and voluntarily
paid very large sums towards the building of a very
handsome and decent Church and steeple for the
National Worship, called Trinity Church, and paid many
other marks of respect and good affection to Mr. William
Vesey then incumbent thereof, and are still desirous
of cultivating a good understanding with the inhabitants
of that communion . Nevertheless Mr . Vesey intending to
break the harmony, peace and tranquillity of the inhabi-
tants, and to bring the Dutch and French Congregations,
into great scandall and infamy, etc., on that day did write
a certain infamous libell to the defamation of the said
congregations, to witt, " I hope Col. Riggs and the
Bishop of London with other friends will recommend
me and my Church to the favour and protection of the
new Governour and that affectionately. Otherwise
I fear wee shall sink under so great an oppression both
AMERICA AND WEST INDIES. 67
1716.
from the French and Dutch (Congregations), who
maliciously seek our destruction," etc. Same endorse-
ment. Copy. 2 pp. [C.O. 5, 1051. Nos. 33, 33
i.-iv. ; and (without enclosures) 5, 1123. pp. 458-465.]
April 30. 134. Governor Hamilton to the Council of Trade and
St. Plantations. Repeats 10th April, q.v. Concludes : I have
Christophers. rece j ve( j several orders from H.M. to pass patents for plantations
in the former French ground vizt. for Madame Elizt. Salenave,
her former husband's plantation, etc., which I order'd the
Surveyor to run, or lay out according to H.M. pleasure to me
signified in that behalf e, that I might pass a patent for the same,
but one Mr. Cunynghame who marryed a niece of the said
Salenave (an obstinate man) brought and offered me a patent
in Councill ready drawne without mentioning any quantity
of akers or being limited by any bounds or so much as being
surveyed by any one notwithstanding the sworne Surveyor had
given him notice, etc., for which reason by the advice of the
Councill I refused to pass the said patent, of wch. I supose, or
at least I am informed the sd. Cunynghame doth designe to form
a complaint against me. wch. I hope will have litle wight with your
Lordship, when I assure you that it is not out of any disobedience
to H.M. commands, but will reddily comply when ever that selfe
willd gentleman has gott the land lay'd out according to H.M.
directions. The next is Mrs. Renoult who had an order for 336
akers for wch. I pass'd her a patent two days agoe, but I beg your
Lordships give me leave to observe to you the manner some of
them have imposed, as this Mrs. Renoult. Shee setts forth
that her husband was formerly possess 'd of 5000 akers of land,
where in truth I cannot learne that he ever was posses'd. of the
fift, or even the sixt part, and as for her adhearing to the Pro-
testant interest, she did upon the Treaty made at Ryswyke
remaine amongst the French and actually was knowen to go to
mass, but (as I am inform'd here) a difference hapened between
her and her son, or sons, they claiming a right to the plantation
of theire father, was the reason of her going for England, by wch.
the son remained in possession, and was so in 1702, when I myselfe
sent them of amongst the rest of the French prisoners. As for
Monsieur Bonnemere he has now his land running out by the
Surveyor, and as soone as finish 'd shall pass a patent for the same,
at the same time I can affirme that boath ould and young bonne-
mere (under whom this Bonnemere in England claimes) were
amongst the French, and in the fort, when wee tooke the Island
in 1690. The last order that is com to my hand is for Mrs.
Martha Assaillie wch. was delivered me by her brother in law,
and is for a plantation her father formerly had, but had sould it
to one Mons. Zubere, or Jubere, and had actually received part
of the purchase money and the said Martha Assaillie is now actually
at the Island of Guardeloupe amongst the French, and has been
there for above 10 months last past, for wch. reason I have refused
her brother in lawe (who apply'd to me) a patent till shee shall
appear herself e in person, by wch. your Lordships may perceive
68 COLONIAL PAPERS.
1716.
what slender pretensions some of these people have to H.M.
most gratious bounty, this I thought my duty to inform your
Lordships of that you may act herein, or for the future as shall
seem most proper to your most decerning judgment ; only one
thing I take the freedom to observe, that in case any more grants be
given, that they may be for a certaine quantity of akers from where
such a dwelling house, or sugar-house did formerly stand in such a
plantation, and not for such a plantation, for if the latter, the
bounds are so verry irregular, that it will always occasion disputes
and vexatious lawe suites and if it is for such a quantity of akers
it will prevent all wrangelings of that nature and the Island in
time will looke like a garden. I must observe that severall
persons have had grants for part of the land, now given by H.M.,
and did plant the same, who are now wholy without any remedy,
since the passing of the patents, by wch. meanes they loose theire
labour and are denyed any part, which I can not think was
H.M. intention, all which I hope will be considered by recommend-
ing the same, or ordering that the persons that have planted upon
grants that shall become voy'd by H.M. order may have some
reasonable time allowed them to take of theire labour, etc. Signed,
W. Hamilton. Endorsed, Reed. 28th June, 1716, Read 7th
Feb., 17|f. 4| pp. Enclosed,
134. i. Deposition of Anthony Ra veil, Surveyor. H.E. ordered
him to survey the plantations of Mr. Bonnemere and
Mme. Salnave and lay out for them the number of acres
appointed by H.M. at once, etc. 5th May, 1716.
Endorsed as preceding. 1 p. [C.O. 152, 11. Nos. 44,
44 i. ; and (without enclosure] 153, 12. pp. 489-493.]
April 30. 135. Governor Hunter to the Council of Trade and Plantations.
Amboy. Abstract. The restless spirit of Cox and the furious zeal of Mr.
Talbot has inflamed the lower rank of people in the Jerseys. Only
time and patience or stronger measures than are at present in his
power can allay the heat. Is gratified that the alternate sessions
of Assembly at Amboy and Burlington have been restored by his
Instructions, for it may not be safe to hold them or Courts of
Justice at Burlington, as will be seen by the indictments by the
Grand Jury there of the Chief Justice, President of the Council
and Attorney General for doing their duty according to the laws.
The Assembly being dissolved upon the arrival of his new patent
writs were issued for a new election, when by means of false
suggestions, fraudulent conveyances and the rum bottle the
persons abovenamed procured such a return that the Council
and all friends to the Government advised a dissolution in order
to give the country one more opportunity of making a freer and
better choice. Matters are something mended by the last
returns, the Quakers having carried the elections against Cox in
the county of Burlington. After much struggle they are now
met at Amboy. Mr. Cox laboured hard to dissuade the members
of the Western Division from coming to Amboy, but in vain, but
by foul insinuations carried an address in the House to remove
the Sessions to Burlington. Hunter answered that he should
AMERICA AND WEST INDIES. 69
1716.
continue to follow H.M. Instructions, and that the ascertaining
the time and places of sessions of Assemblies was an undisputed
prerogative of the Crown, etc. The indictments enclosed are
founded upon a notion instilled into the people by some pernicious
pretenders to law here that the New Jersey Act for qualifying
Quakers for employments by their affirmation or attestation was
repealed by the Act of Parliament passed in favour of that
people in the first year of His Majesty's reign, whereas it is plain
that that Act extends the Act of 7th and 8th William III to the
Plantations only so far as relates to the affirmation etc. in detail.
Mr. Cox and his party gave out that all laws past in the last
Assembly, which continued more than three years, were null
and void by reason of the Triennial Act. Many therefore refused
to pay their taxes, including Mr. Cox, who suffered himself to
be distrained for his tax of 14s. He was chosen Speaker of the
Assembly now met here, by the same means he was elected
Assemblyman. Thinks he may be able to beat him with his own
tools. The Assembly has sat for three weeks and done nothing.
Cox has sent a Remonstrance through the country for signatures,
praying H.M. to put the Province under a separate Government.
Knowing that to be of ill precedent and dangerous consequences,
Hunter will endeavour to put a stop to it, but if it goes home, hopes
the Board will see that it gets the reception it deserves. It may
be thought strange that one such man should embroil a whole
Province, but palpable lies and absurdities backed with a large
dram bottle have more force upon the minds of the lower rank of
men in these parts than self evident truths and their own interest.
The reason why he is not punished is, that the Quakers, who are
the only friends to the present establishment in the county where
he lives (thanks to the Rev. Mr. Talbot), and almost the only men
of substance sense and probity there are not capable by the laws
of serving on Petty Juries in criminal cases. The rest are his
abettors who by the advice and arts of that vilest of prostitutes
Basse defeat the laws and render all such prosecutions of no effect
except to bring the Government into contempt. Is studying his
practices in other counties and hopes thereby to be able to deal
, with him. To strengthen the hands of the Government requests
the speedy confirmation of the Act now lying before them that
the solemn affirmation of Quakers shall be accepted instead of an oath
and for qualifying them. If the Board do not think fit to advise
a declaration of nullity of all the laws passed by Mr. Ingoldsby
though he had been suspended from the office of Lt. Governor
several years before, still some of those laws are so unjust in
themselves and of evil tendency that they ought to be disallowed,
particularly the Act explaining an Act for support of H.M.
Government, by which the money given to Lord Lovelace was
given to Mr. Ingoldsby and others against all justice and H.M.
express commands. Also an Act for better qualifying Representa-
tives, 'which was intended only to exclude from the Assembly
some persons of the best estates and figure in the Province who
for the sake of their children's education, etc., reside at York.
Hopes this will be disallowed as differing widely from the
70 COLONIAL PAPERS.
1716.
Instructions on that head, " which have ever beenJooked on as the
terms of the surrender." The rest being either expired and re-
placed by subsequent Acts, no harm can be done by a general
declaration of their nullity, etc. Signed, Ro. Hunter. Endorsed,
Reed. 20th June, 1716, Read 23rd Nov., 1717. 9f pp. Printed,
N.J. Archives, 1st Ser. IV. 230. Enclosed,
135. i. Indictment of David Jamison, Chief Justice of New
Jersey, presented by the Grand Jury of Burlington, for
directing Jeremiah Basse to qualify Quakers for the
Grand Jury by affirmation, contrary to Act of 1st
George, etc. (v. preceding}. Basse objecting, he fined him
20. He also allowed the return of a jury by a Quaker,
etc. Signed, James Thomson, cl. Endorsed as preceding .
Copy. 2f pp. Printed, N.J. Arch. 1st Ser. IV. 236.
135. ii. Indictment of Lewis Morris, Member of Council for
New Jersey, presented by the Grand Jury of Burlington,
for ordering, 14 Dec., 1715, the return of a jury of
Quakers after it had been dismissed by the Justices in
accordance with the Act of 1st George, etc. Same
endorsement. Copy. 1| pp.
135. iii. Minute of Council of New Jersey, Dec. 22, 1715,
referred to above. Signed, Ja. Smith, Secry. Same
endorsement. Copy. 2 pp.
135. iv. Governor Hunter's Speech to the Assembly of New
Jersey. Perth Amboy, 4th April, 1716. Signed, Ro.
Hunter. Same endorsement. Printed. 1| pp. [C.O.
5, 971. Nos. 21, 21 i.-iv. ; and (without enclosures) 5,
995. pp. 344-353.]
[May 1.] 136. W. R. to the Council of Trade and Plantations. Quotes
resolutions of the House of Burgesses of Virginia directed against
the Lt. Governor (v. Journal), and prays for his removal.
" Ceartainly ye people whose intrest and all they have their
wives and children has the safety and dignity of this Colony more
at heart then the Governr. whose sole designe and study is only
to inrich himself att the publick charge," etc. Signed, W. R.
Endorsed, Reed 23rd April, Read 1st May, 1716. Addressed.
1 p. [C.O. 5, 1317. No. 16.]
May 1. 137. Mr. Popple to Lt. Governor Spots wood. Encloses
Whitehall, copies of anonymous complaints (v. preceding and Feb. 7th) for
his answer. [C.O. 5, 1364. p. 260.]
May 1. 138. Governor Hunter to Mr. Popple. The two papers
or preachments of the Quakers at the late election I think will
pretty well inform you of the true state of ye case in the Jerseys.
I send you the very originals. If they are not ryme they are
reason I assure you. Adieu, make your own use of them, and shew
them to your Board or any of their Lodps. as you think fitt.
Signed, Ro. Hunter. Endorsed, Reed. 20 June, 1716, Read 23rd
Nov., 1717. Holograph. Addressed. Sealed. 1 p. Enclosed,
138. i. The case stated betwixt our present Governour and
AMERICA AND WEST INDIES. 7l
1716.
Daniell Coxe. When he first arrived he called an
Assembly who prepared many bills, but finding Coxe,
Sunmaii with some others who were of the Council
utterly to opose those preparations by reason of which
little or no business for the good of this Province could
be gon on with they being beforehand preposestt with
resolutions not to do anything for makeing the people
called Quakers capable in common with others to be
serviceable to their neighbours and countrymen in the
Government. Being tinctured by the precedentt Greatt
Governour the Lord Cornbury who owed them no good
will, whereupon our Governour gott these obsticles
removed, etc. Whereupon Coxe sett himself to be
chosen for the General Assembly, not in the County of
Burlington, wherein he dwelt (being so well known
there) but in Gloucester, stirring up animosities there,
and raising hopes of their being eased of the Expedition
tax, etc. Another stratgem of this designing person the
people seemeth to be taken with by his insinuations of
a sepparate Governour, which thinking persons cannott
suppose will prove much to our advantage, but that
which seemeth worthy to conduce to one Bench is to be
annextt to Pensilvania when it shall so happen yt.
that Government shall fall under the Crowne. And
in the meantime to be content in the station we now are,
for ass much ass that our Governour is inclined to
moderation and to assistt in whatt he can for the
common wealth in this Province, etc. 1^ pp.
138. ii. An Expostulation with my freinds and others con-
cerned in this weighty affaire of choosing persons to
represent uss, etc., by Tho. Sharp. And was read in
publicque, att the opening of our election the 10th of
this instant 12th mo. called February, 1715. Supports
the Governour as " a man not upon the extream " etc.
1 p. [(7.0. 5, 971. Nos. 20, 20 i., ii. ; and (without
enclosures) 5, 995. p. 343.]
May 1. 139. Mr. Popple to Sir E. Northey. Whereas in 1691 upon
a report of the Attorney and Sollicitor General, a clause was
inserted in the Commission for the Government of the Massachu-
sets Bay, and ever since continued impowring the Governor of
that Province to command the Militia of Rhode Island etc.,
but the Agent of the last mention'd place having now petition'd
to have that clause left out in the Commission now preparing for
Col. Shute etc., I am commanded to state the following Qrs. to
you ; by the Act of the 13th of K. Charles II, it is declared that the
sole supreme Governmt. command and disposition of the Militia
is in the Crown ; but the Charter to Rhode Island two years
afterwards gives this power from the Crown to that Charter
Governmt. Query whether a power vested in the Crown by
Parliamt. can be granted by Charter from the Crown as in this
case to Proprietory Govmt. [(7.0. 5, 914. pp. 327, 328.]
72 COLONIAL PAPERS.
1716.
[May 1.] 140. William Byrd to the Council of Trade and Plantations.
Upon turning over the Laws of Virginia, I find an old Act pass't
in 1663, concerning forreign debts, etc. The purport of it is, to
defraud all creditors liveing in Great Britain, of debts justly due
to them from any person that go's over to Virginia, unless that
person carry over with him into that country effects to the value
of such debts. Such an Act is so notoriously unjust in itself,
so unequal to Great Britain, and so infamous to that Colony,
that your Lordps. will need no further argument than the reading
of it, to induce you to lay it before H.M. in order to its being
repeal'd. Signed, W. Byrd. Endorsed, Reed. Read 1st May,
1716. 1 p. [C.O. 5, 1317. No. 17 ; and 5, 1364. p. 261.]
May 2. 141. Mr. Popple to Mr. Byrd. The Council of Trade and
Whitehall. Plantations having again consider'd your Memorial (preceding),
desire you will give them some instance wherein that Act has been
made use of to the prejudice of creditors, or let them know, whether
you have lately had any complaints against the said Act. [C.O.
5, 1364. p. 262.]
May 3. 1 42. Mr. Byrd to Mr. Popple. Reply to preceding. I know
of two instances of peoples having pleaded that unrighteous
Act in bar of just debts. I shall wait upon their Lordps. when
I have full particulars, etc. Signed, W. Byrd; Endorsed, Reed.
3rd, Read 4th May, 1716. \ p. [C.O. 5, 1317. No. 21 ; and
5, 1364. p. 293.]
[May 4.] 1 43. Merchants and inhabitants trading to and residing in
Virginia and Maryland to the Council of Trade and Plantations.
Petitioners had a very profitable trade with the Indians in those
Colonys, and have now large quantitys of goods there, only
fitt for that trade but to their great surprise they find a law
made by the Assembly of Virginia, 1714, intituled, for the better
regulating the Indian trade, which confines the trade of those
Indians to one particular place, and to one sett of men, to the
manifest injury of petitioners ; and if not prevented in time, may
be of fatal consequence to the inhabitants and all H.M. European
subjects trading to Virginia, who are shutt out by this law, by
forcing the Indians to trade with Carolina or Maryland both which
are Proprietors Governmts., and will doubtless give all the in-
couragement possible to gett such a beneficial trade. And
whereas all monopolys are looked upon destructive to trade and
industry, etc., by this monopoly there will be but one buyer of
goods and one seller ; such buyer will put his own price on the said
goods etc., and extort unreasonable gain from their fellow
subjects as well as the Indians etc., wherefore petitioners pray
for the repeal of that injurious law, so that trade may take its
natural course as formerly, etc. Signed, Henry Offley, and
eight others. Endorsed, Reed. 4th, Read 10th May, 1716. 1 large
p. [C.O. 5, 1317. No. 22 ; and 5, 1364. pp. 294-298.]
AMERICA AND WEST INDIES.
73
1716.
May 4.
Whitehall.
May 4.
Whitehall.
May 9.
Virginia.
144. Mr. Secretary Stanhope to the Lords Proprietors of
( 'awlina. Refers to letter of April 23. For avoiding any mistake
from the general words of that letter, I am now to signify to you
H.M. pleasure, that at the arrival of any of these rebels in Carolina,
who have not entred into indentures here, you do send orders to
the Governor to offer to them that they enter into the like
indentures with the* others, vizt. to serve for the space of seven
years, if they refuse to enter into such indentures he is to take
notice that they are to be disposed of in the same manner as those
that have, only the Governor is to give proper certificates to those
who purchase them, that it is H.M. pleasure that they shall
continue servants to them and their assigns for the term of seven
years, which certificates the Governor is to cause to be recorded
for the satisfaction of those who purchase them, least they should
at any time attempt to make their escape, not being bound.
Signed, James Stanhope. [C.O. 5, 190. p. 335.]
145. Same to Governors Lord A. Hamilton, Spotswood,
Lowther, Hunt, Shute, Walter Hamilton. Circular letter as
preceding. [C.O. 5, 190. p. 336.]
146. Lt. Governor Spotswood to the Council of Trade and
Plantations. Abstract. Encloses following, and defends Act for the
better regulation of the Indian trade against the petition for its repeal,
explaining its objects and the ill practices of independent traders.
" The Indians have rarely ever broke with the English, except
where they have received some notorious injury " from the traders,
and then their first attack has been upon the plantations they most
frequented and with whose strength they were acquainted. The
Act aims at keeping them as remote as possible from the inhabit-
ants and has already resulted in reducing such troubles. It will
conduce to the recovery of trade with foreign Indians, which was
injured by the action of S. Carolina, since it will now be carried
on by the Government and most substantial men in the country.
The fort at Christanna secures the country against the Southern
Indians, who are the most likely to prove hostile, more cheaply
and efficiently than the Rangers hitherto kept out. The settle-
ment by the Company there and security achieved thereby will
lead to the taking up of lands. Describes progress in conversion
of the Indians to Christianity. The Southern Indians have lately
made overtures for peace with Carolina and have agreed to send
children to the school at Christanna as hostages. The establish-
ment of the Company makes it possible to prevent enemy Indians
from being supplied with powder, as the Tuscaruros were in the
late war both from N. Carolina and Virginia. The opposition
comes from the old traders. " From the first erection of that
Company, their great aim has been to endeavour at a trade with
the Nations on the other side of the mountains, and by their
encouragement, a passage is (since the date of the inclosed
memorial) discovered through those mountains, which have been
always look'd upon as unpassable ; they are preparing to open a
trade that way, and seem resolved to push it on, whatever it
74 COLONIAL PAPERS.
1716.
cost ; and as the difficult ys and charge of that undertaking
must be great so it is not probable it will ever be prosecuted if
the trade falls again into private hands," etc. Signed, A. Spots-
wood. Endorsed, Reed. 28th June, Read 10th July, 1716. 7f
pp. Printed, Va. Hist. Soc. Coll., Spotswood Papers, II, 144.
Enclosed,
146. i. Memorial of the Virginia Indian Company to Lt.
Governor Spotswood. Reply to a petition to H.M.,
framed by a few merchants in London upon the false
representations of some discontented people in these
parts, to repeal the Virginia Act concerning the Indian
Trade. The limiting the trade with the Indians is no
new thing in Virginia. It has been the custom in former
times for Governors to grant licences for that trade
exclusive of all other persons. There are also several
Acts to that effect. It is but of late that such a latitude
has been given to all persons, and even that priviledge
was allow 'd upon conditions which have never yet been
comply'd with, etc. Repeat arguments etc. advanced in
preceding letter. Williamsburgh, April 23,1716. Signed,
Nathl. Harrison, Tho. -Nelson, W. Dandridge, Richd.
Bland, Ro. James, Jno. Holloway, Jo. Irvin, Jon.
Baylor, Cole Digges, Win. Cocke, Mann Page, Edm.
Kearney, Wm. Cole, G. Walker, Tho. Jones, Cha.
Chiswell, Wil. Robertson. Endorsed as preceding. 6
pp. [C.O. 5, 1317. Nos. 39, 39 i. ; and (without en-
closure) 5, 1364. pp. 385-401.]
May 10. 147. Mr. Popple to Robert Hardisty. Encloses petition of
Whitehall. Sir E. Ernley (v. April 28) for what Sir J. Colleton may have to
offer thereupon at ten of the clock on Tuesday, etc. [C.O. 28,
14. p. 332.]
May 10. 148. Lords Proprietors of Carolina, to Governor Craven.
St. James's. You are to obey in every particular H.M. pleasure in relation
to the transported rebels, signified in Mr. Secretary Stanhope's
letters, quoted. Signed, Carteret, Palatin, M. Ashley, J. Colleton,
J. Danson. [C.O. 5, 290. pp. 96, 97.]
May 10. 149. Council of Trade and Plantations to Mr. Secretary
Whitehall. Stanhope. Enclose following, " which are in the usual form except
one clause in the Commission for the Massachusets Bay. That
clause gives the Govr. a power of commanding the Militia of
Rhode Island, etc., in general terms, and was inserted in the
Commission for the Government about 1691," etc. Quote May 1
and Attorney General, April 5, q.v. Continue : We have therefore
thought fit to avoid any inconveniences to give the Governor a
power over the said Militia in time of war or in imminent danger
in wch. we are fully justified by the report of Sir Edwd. Ward
and Sir Tho. Trevor in 1694, then Attorney and Sollr. General,
etc. Annexed,
149. i. Commission for Samuel Shute to be Governor of the
AMERICA AND WEST INDIES.
75
1716.
May 12.
St. James's.
[May 12.;
May 15.
Whitehall.
May 15.
Whitehall.
M a ssa oh usets Bay. In the usual form, save l/uit the Militia
clause referred to in preceding runs thus : And when -.as
there are divers Colonies adjoyning to Our Province of
the Massachusets Bay, for the defence and security
whereof, it is requisite that due care be taken in the
time of war, we have therefore thought it further
necessary for our service, and for the better protection
and security of our subjects inhabiting those parts, to
constitute and appoint, and we do by these presents
constitute and appoint you the said Saml. Shute to
be our Capt. Genl. and Commander in Chief of the
Militia and of all the Forces by sea and land, within our
Collonies of Rhode Island and Providence Plantation,
the Narraganset Country or King's Province, and of all
our forts and places of strength within the same in time
of war or imminent danger. Dated, June 15, 1716.
ii. Commission for Samuel Shute to be Governor of New
Hampshire. Dated, June 15, 1716. [C.O. 5, 914.
pp. 329-368.]
150. H.M. Warrant appointing John Johnson to the Council
of New York, in the room of Saml. Staats, deed. Countersigned,
James Stanhope. Copy. [C.O. 5, 190. p. 342.]
151. Sir John Colleton, Bart., to the Council of Trade and
Plantations. Restates his case (v. Jan. 17, 1715, April 28, 1716,
etc.] He has revived the suits depending against John Colleton,
the greatest part of his estates being detained from him since
his father's death, etc. Endorsed, Reed. 12th, Read 15th May,
1716. l$pp. [(7.0.28,14. tfo.51.]
152. Mr. Popple to Mrs. Ernley. Encloses copy of Sir John
Colleton's memorial. After the hollidays the Council of Trade
will appoint a day to hear what you may have to offer thereupon
by Council or otherwise, etc. [C.O. 29, 13. p. 333.]
153. Council of Trade and Plantations to the King. Reply
to 18th Oct., 1715. Quote Capt. Walton's petition and Order
thereupon. By the commissns. and plans he has produc'd to
us, and by the examination of our Books, we find his allegations
to be true. We must however observe that by the Instructions
given to the Capt. Genl. and Govr. in chief of your Majesty's
Leeward Islands, there is a salary of 200 per annum allow'd
to such Lieut. Governors as are appointed by the Crown out of
the duty of 4| p.c. As for his accompanying the ship appointed
to touch at the Virgin Islands, we humbly conceive that Walton's
experience and knowledge may not only save a great expence in
facilitating the dispatch of the accounts to be transmitted hither
but be of great use and service in showing the several harbours
and other places of these Islands fit to be taken notice of. To
which end we humbly propose whether it may not be convenient
that a small sloop be imploy'd on the coasts of the said Islands
76 COLONIAL PAPERS.
1716.
for more expedition and to avoid any dangers, to wch. a ship of
war may be expos'd, in visiting the several harbours. But of
this particular, your Majesty's Board of Admiralty are more
proper judges. We are humbly of opinion Capt. Walton deserves
a gratification, etc., but what may be a competent allowance for
his present undertaking, and what may be a proper recompense
for his past service, is most humbly submitted, etc. [C.O. 153,
12. pp. 384-388.1
May 16. 154. Lt. Governor Caulfeild to the Council of Trade and
Annapolis Plantations. Refers to letter of \\th Dec. Continues : As this
is the first opportunity that hath since offer'd, I doe my self e the
honr., pursuant to yr. Lordshipps' directions, to inform you that
ye last account I had of Cape Bretton was the 10th instant at
which time there was noe vessell arrived from France tho' dayly
expected ; they appear to make great preparation for fishing this
season and I am credittablie informed they take most of theire
fish at Canco and on our Eastern coast which cannot be prevented
without a shipp of warr to attend for that effect. They still
continue raiseing theire fortifications att St. Petters and Anns
etc. The Island of St. Johns which the French of this Collony
seemed to like in case they were obliged to quit us, is intierly
abandoned by those inhabitants who went there out of this
Goverment. I received a letter from the people of Mines of theire
resolution to continue in this Goverment ; and are making all
preparations for improvement as formerly, and they seem
impatient to hear what is determined on theire behalfe. I can
not ommitt informing yr. Lordshipps that there are noe Courts of
Judicature here established to decide any dispute that may
happen amongst the inhabitants which I formerly endeavored
to accommidate to the sattisf action of both partys, untill Genl.
Nicholson when here ordered that I might exhibitt my Commission
that authorized me to doe justice in civill affairs, to which I
answered that as I had the honor to command in the absence of
ye Governor I should allways endeavor to cultivate as good an
understanding amongst the people as possible, believing the same
esential for H.M. service, and tho' I had noe Commission for that
effect yett I held myselfe bleamable to suffer injustice to be don
before me without takeing notice thereof, haveing never inter-
posed farther then by the consent of both parties, and I humblie
desier your Lordshipps will direct something on that head.
Refers to enclosed, shewing our necessity for beding with which
the garrison hath never been supplyed since our arrival here
neare five years ; and as to our cloathing of which there is noe
species butt coats remaining in store are rotten and at such
excessive prizes that the men refuse them as not fitt for service
(with which I hope Mr. Sherreff fully acquainted yr. Lordshipps)
soe that at this time there is butt five soldiers that mount the
Gard that have either shooes, stockings, or shirts, to which
if some speedy remedy be not applyed, I leave yr. Lordshipps
to judge of the consequences, which I have allways to ye uttmost
of my ability laboured to prevent and shall still continue the same.
AMERICA AND WEST INDIES.
77
1716.
May 17.
St. James's.
May 17.
Whitehall.
May 17.
St. James's.
May 19.
Whitehall.
Recommends petition of Mr. Skeen enclosed etc. Signed, Tho.
Caulfeild. Endorsed, Reed. 20th, Read 21st Aug., 1716. 3 pp.
Enclosed,
154. i. Lt. Governor Caulfeild to the Board of Ordnance,
Dec. 14, 1716. Urgently requests bedding for the
garrison etc. Signed, Tho. Caulfeild. Same endorse-
ment. Copy. 1 p.
154. ii. Petition of William Skeen, Surgeon to the garrison at
Annapolis Royal, to the Council of Trade and Planta-
tions. Prays that his pay may be increased so as to be
equal to that of other foreign garrisons. He is allowed
only 3s. a day by the present establishment, so that he
cannot keep a servant, and is in debt. Governor
Nicholson promised to secure him an alteration to 5s.
etc. Same endorsement. 1 p. [C.O. 217, 2. Nos.
18, 18 i., ii. ; and (without enclosures) 218, 1. pp. 310-
313 ; and (abstract of covering letter) 217, 30. p. 5.]
155. H.M. Warrant recalling Lord A. Hamilton from the
Government of Jamaica etc. Countersigned, James Stanhope.
Copy. [C.O. 5, 190. p. 343.]
156. Mr. Secretary Stanhope to Governor Walter Hamilton.
Col. Parke late Governor of the Leeward Islands having made a
grant of 500 acres of land lying in St. Christophers to Capt.
Robert Clarke Commander of a man of war, who was some time
afterwards killed in a sea fight, and the ship blown up with all
his papers, by which means those who claim under him are
disabled from making out their title to the said estate, I desire
therefore you will cause the records of those Islands to be searched,
and procure copies of all entrys that shall be found therein relating
to the said grant, and transmit them to me by the first opportunity
etc. Signed, James Stanhope. [C.O. 5, 190. p. 347.]
1 57. Order of King in Council. Approving Governor Shute's
Commissions (v. May 10th). Signed, Edward Southwell. En-
dorsed, Reed. 8th, Read 16th Jan., 17||. 1 p. [C.O. 5, 866.
No. 99 ; and 5, 915. p. 23.]
158. Mr. Secretary Stanhope to the Council of Trade and
Plantations. I am commanded to signify to you H.M. pleasure,
that you forthwith prepare the drat, of a Commission from H.M.
determining, annulling and superseding the former Commission
granted to the Lord Archibald Hamilton as to all effects, and for
appointing and constituting Peter Hey wood, Esq., or in case of
his death or absence the oldest Councillor of the said Island to be
in the place of, and to take upon him the Government of the sd.
Island of Jamaica and the Territories depending thereon in
America ; and you are also to prepare a draught of Instructions
proper for the said Peter Heywood and suited to the trade and
interests of H.M. subjects of that Island, and you are particularly
to take notice that there having been several abuses committed
78 COLONIAL PAPERS.
1716.
of late under the covert of Commissions granted by the said
Lord Archibald Hamilton to the prejudice of the Treaties between
this Crown and that of Spain, the said Peter Hey wood and the
Council are to be instructed to make strict inquiry into such
Commissions, and into all abuses, piracies and robberies com-
mitted of late upon the Spaniards in the Gulph of Florida or
elsewhere, and to seize all persons they shall find guilty, and send
them over hither with their effects and such evidence as may be
proper to convict them according to law, and they are to be
instructed to inquire into the conduct of the said Governor in
this matter, and if they find that he has been concerned in these
unjustifiable practices, they are to take care that he be put under
arrest, and his effects seized and sent over with him by the first
ship that shall come from that Island. Signed, James Stanhope.
Endorsed, Reed. Read 19th May, 1716. 2 pp. Enclosed,
158. i. Extract of a letter from Don Juan Francisco del Valle
to the Marquis de Monteleon. Jamaica, 18th March,
17^f. The writer was sent by the Governor of the
Havana to the Governor of Jamaica to complain,
that he suffered ships to be fitted out in the Island,
under pretext of cruising upon pirates, but that instead
of that they committed many hostilities on the ships
and dominions of the King of Spain. That some of
them had landed near the Havana and committed
hostilities there. That on 26th Jan. one of these
vessels arriv'd at Jamaica, who in company with another
had cast anchor in the Canal of Bahama on the coast of
Florida, near the Spanish camp, under Spanish colours,
they laid still till night, and then landed their people,
who the next morning march'd to the camp with their
arms ; upon which the Spanish Commanding Officer
ask'd them, if it was war, they answer'd no, but that
they came to fish for the wrecks, to which the Officer
said, that there was nothing of theirs there, that the
vessels belonged to his Catholick Majesty and that he
and his people were looking for the said treasure ; but
seeing that his insinuations were of no use, he profer'd
them 25,000 pieces of eight, which they wou'd not be
satisfy'd with, but took all the silver they had and stript
the people taking likewise away four small cannon, two
of them brass, and nail'd two large ones (all which were
to defend a parapet they had thrown up to defend
themselves from the Indians.) They carried away to
the value of 120,000 pieces of eight, besides the wrought
silver, this is what the captors own themselves, from
whence it is inferr'd, that there was a great deal more.
That he demanded of Lord Archibald (1) that he shou'd
issue a Proclamation agst. those who shou'd fit out
vessels on the like account. (2) That one of the two
English men of war that were then in Jamaica shou'd
be sent to their camp to order all the privateers to
return, (3) That the silver taken by these two vessels
AMERICA AND WEST INDIES. 79
1716.
shou'd be returned. (4) That the captors shou'd be
punish'd. That the 7th of Feb. another Spanish vessel
came into this Port from Vera Cruz and was bound
for the Havana ; a few days after she sail'd from hence
she met with bad weather, which oblig'd her to throw
overboard her guns and some of her cargo and being
come in sight of the Havana she met an English ship,
who was one of them who had been at the Spanish
camp, the English sent on board her, and finding that
she was loaden with silver, corn etc. they took her,
alledging that this vessel was taken by the Spaniards
on the coast of Porto Velo, with several goods on board,
and that they wou'd keep her till restitution was made.
This vessel was taken by the Spaniards being she was
trading to places where strangers are not suffer'd to
trade. That the English Captain had told him that the
Govr. own'd a fourth part of his vessel. This vessel
was worth 150,000 pieces of eight, several Gentlemen of
Jamaica say publickly that the Governor is part owner
of all the vessels which have been sent to our camp.
That the inhabitants of Jamaica still went on to fit out
privateers in the most publick manner. That their
final answer was that what the two privateers had
taken should be put into the Royal Treasury, until the
Spaniards had made satisfaction to the inhabitants of
Jamaica, for what they had taken from them. Same
endorsement. 3f pp.
158. ii. List of (10) vessels commissioned by Governor Lord
A. Hamilton. Same endorsement. 1 p.
158. iii. Don Juan del Valle to Governor Lord A. Hamilton.
Since presenting Memorial (v. No. 1. supra) the writer
learns that divers others of his Britannick Maty's.
subjects, with two sloops belonging to this Island,
have lately in a hostile and pyratical manner landed
upon his Catholick Maty's. Dominions in the Channel
of the Bahamas on the coast of Florida, under pretence
of looking for pyrates, but in reality have committed
the highest act of piracy, upon his said Catholic
Majesty's subjects by forcibly taking from them in value
above 120,000 pieces of eight, wch. being not only against
the Treaties of Peace and Commerce between their sd.
Maties. but against the laws of Christianity and of
Nations, etc. As Deputy of the Governor and Council
of Commerce of the Havana prays H.E. (1) by proclama-
tion to recall all H.M. subjects belonging to his govern-
ment, and to inhibit them to dive or fish upon the Flotta
stranded near the Bahama Islands, and coast of Florida,
part of his Catholick Majesty's Dominions, and likewise
to prevent others now preparing in this Island to
do the same. (2) That the effects pyratically taken
as aforesaid be restored by the owners of the sloops
etc. (3) That all money and effects taken out of the
80 COLONIAL PAPERS.
1716.
sd. Flota be likewise restored so soon as the same shall
arrive into H.E.'s government etc. (4) That since 'tis
most evident there is a piracy committed by persons
now under H.E. Govt., they may be secur'd and brought
to justice, the Deputy not doubting to give H.E. full
satisfaction in the premises, etc. Same endorsement.
Copy. 3| pp.
158. iv. Captain Balchen, H.M.S. Diamond, to Mr. Burchet.
The Nore, 13th May, 1716. In Novr. there was two
sloops fitted out of Jamaica, one belonging to Capt.
Edward James, the other to Capt. Jennings, which had
my Lord Hamilton's Commission for suppressing of
piracys, but this design, as they said themselves was
upon the wrecks ; they went to sea and in a shorter
time than cou'd be expected, return 'd again with a
considerable sum of mony, etc., as No. 1. Continues :
which I cou'd not forbear saying I thought to be the
greatest of piracy ; and indeed 'tis blam'd by some of
the Island ; but by those who had share of the mony
thought just. Since that there has been at least 20
sloops fitted out for the wrecks, and if I had stay'd a
week longer, I do believe I shou'd not have had men
enough to have brought home, I lost ten in two days
before I sail'd being all mad to go a wrecking as they
term it. For the generality of the Island think they
have right to fish upon the wrecks, although the Span-
iards have not quitted them. They say at Jamaica
that the Spaniards are indebted to that Island a con-
siderable sum of mony, and they must repay themselves.
Same endorsement. Copy. 1^ pp.
158. v. Deposition of Samuel Page, Secretary and Commissary
of Jamaica. 15th May, 1716. About 6th Feb. last a
Spanish sloop was sent into Port Royal by Francis
Fernando Amulato, commander of the sloop Bennet,
commissioned by Governor Lord A. Hamilton, 12th
Dec. last. The commander of the Spanish sloop
affirmed that the said Spanish sloop had on board her
at the time of her capture to the value of 250,000
pieces of eight, and Fernando after he had taken all
the mony, jewels and fine goods out of her, sent her with
the bulky part of her cargo to Port Royal to be con-
demned, with a letter to the Governor purporting that
she was formerly taken by the Spaniards from the
English, and that he wou'd remain at sea with the
mony until she was condemn'd. Deponent heard that
the Spanish sloop with her whole cargo was condemned
7th March last, etc. The sloops Eagle and Barsheba
were commissioned 21st Nov. last by Governor Lord A.
Hamilton to go to sea for six months, which returned
having first robbed the subjects of the King of Spain
on the Florida shoare of the value of 120,000 pieces of
eight which was divided between those concerned.
AMERICA AND WEST INDIES. 81
1716.
Whereupon Don Juan del Valle presented a second
memorial (v. No. iii supra) to the Governor, praying
that the effects taken pyratically as aforesaid shou'd
be restored, and that all others inhabitants of Jamaica
may be inhibited from such like practices, etc. Not-
withstanding which the said sloops again sail'd with the
Governor's Commission, well fitted with warlike stores,
to which memorial Don Juan cou'd receive no other
answer from the Governor than that the Florida shoar
was part of the King of England's dominions, and that
as the Spaniards had seized on some English vessels
since the Peace, he believ'd the Spaniards were indebted
to the English more than those Spanish effects wou'd
answer. Don Juan inform'd deponent that he hath
trac'd some of the money so piractically taken to the
Govr. of Jamaica's house, which deponent is the rather
satisfy'd of the truth of that the Govr. made an overture
to Capt. Davis, H.M. sloop Jamaica, as the said Capt.
informed deponent, to fish upon the coast of Florida
upon shares with the Govr., which Capt. Davis and his
Commodore resented. And the said Commodore, Capt.
Balcher, wou'd not admit the said sloop to go to sea on
such an errand, tho' the Commodore upon hearing that
the Govr. had commissioned ten sloops to go to sea in
warlike manner, acquainted the Govr. of Jamaica, that
the King's ships under his command were ready to
cruize for pirates were there any occasion to which he
receiv'd answer that he had otherwise provided for
that service, etc. Signed, Sam. Page. Same endorse-
ment. Copy. 5| pp.
158. vi. Deposition of Walter Adlington, late of Portugal, in
Jamaica, merchant. 15th May, 1716. Henry Vanholt
told deponent that he drew a bill of sale for a transfer-
ence of a share of the sloop Bennett from Fernando to
the Governor before she went to sea and took the
Spanish sloop, etc. Confirms preceding. Signed, Walter
Adlington. Same endorsement. Copy. 2f pp.
158. vii. Representation of Merchants against Governor Lord
A. Hamilton. By the Peace of Utrecht between Spain
and Great Britain, nothing was more strenuously capitu-
lated than the good correspondency between the subjects
of the two Crowns, etc. Whosoever should violate it,
may justly be deemed a disturber of the Peace and not
faithful to his Monarch, etc. It is evident that under
the pretence of a report that there were pirates upon the
coasts of America, they fitted out at Jamaica 14 sloops
mann'd with about 3,000 men to clear those seas, but
the remedy was worse than the disease. One of those
sloops commanded by a tawny Moor called Fernando
Fernandez, seized a Spanish sloop commanded by Don
Manuel de Aranburu, wch. went as a register ship from
Vera Cruz to the Havana, saying he had orders from the
Wt. 26355. C.P. 6.
82 COLONIAL PAPERS.
1716.
Governor of Jamaica to do so by all the ships he should
meet with either Spanish or French, etc., ut supra.
Aramburu having obtained to speak with the Govr., he
affirmed that what Fernandez had done was piracy and
without any order from him. This tawny Moore has
an estate at Jamaica and has given good security for his
navigation. It is rightly required that restitution be
made upon Aramburu's affidavit, etc., for it was down-
right robbery etc.. The English sloops under pretence
of clearing the coasts of pirates, against all equity
have been diving for the silver wch. was lost on the
Flota at Palmar, they have also taken away by force of
arms what they could of that which the Spaniards got
out of the wreck, proceeding so far in their tyrannical
covetousness that they put those they met to the
punishment and torment, for to know where they had
hid their treasure, etc. This is breaking the bands of
the law both divine and humane. This is deviating from
the publick faith. Same endorsement. Copy. 3f pp.
158. viii. [? Samuel} Page to Sir Gilbert Heathcote. 8th May,
1716. My ill state of health obliging me to leave
Jamaica 6th March last, the Speaker of the late
Assembly together with the principal merchants and
planters, besought me to make application in particular
to you, and such other gentlemen who have the welfare
of that deprest Island at heart, to be assisting in getting
their Address presented to his most sacred Majesty,
etc. His Excellency has not only got removed from the
Council gentlemen who have in all times been zealously
affected to the Act of Succession, but also removed from
all posts civil and military the principal planters and
inhabitants, who in King William's reign, and since,
defended that Island against all the efforts of the
common enemy, and has put in their places persons not
only of very notable disaffection to the late happy
Revolution, and the present Govnt., but of indigent
fortunes, illiterate and of scandalous characters. The
Assembly in one of their messages in Febry. last
thought it their duty to tell H.E. that it had been a
particular comfort to them, and those they represented,
if some glimmerings of that zeal which would now
appear so strong in H.E. and some about him, had been
found towards his Majesty, about the end of her late
Majesty's reign. And that the Fort at Port Royal,
which cost the Govnt. about 100,000, tho' reported
to be in that miserable condition by the Committees
of both bodies appointed at the late critical juncture of
affairs to view the same, very little care has been taken
therein. And tho' the Assembly in Deer, last desired
that a Committee of their body may with a Committee
of the Council have leave to inspect into the fortifica-
tions, the same cou'd not be obtain'd. And the Fort
AMERICA AND WEST INDIES. 83
1716.
still remains under the command of one Dr. John
Stewart who cannot be supposed to be in any respect
equal to that important trust. Refers to H.E. granting
commissions to the 10 sloops etc., ut supra. Signed,
Page. Same endorsement. Copy. 3 pp.
158. ix. Draft of H.M. letter to Peter Hey wood for securing
the persons and effects of those concerned in the
piracies committed against the Spaniards, and sending
them home with evidence for their trial, etc., as ordered
in covering letter supra. Same endorsement. 2% pp.
158. x. Copy of 'letter from K. Charles II to Govr. Sir Tho.
Lynch, directing him to send home Sir Thomas Modyford
prisoner, v. C.S.P. 1671, No. 452. Same endorsement.
l%pp.
158. xi. (a) Representation of the Assembly of Jamaica to the
King. Lamenting the miserable state of this once
flourishing Island, we cannot but enquire into the cause,
encouraged by your Majesty's late assurance of the great
regard you have for the safety and prosperity of this
your Island, etc. Following the report of a Committee
of the House appointed to consider the state of the
Island (cf. March 5), we find that H.E., upon his arrival,
was received with as much respect and' deference as
ever any Governor met with. Immediately after his
arrival some few persons by fawning and other subtil
practices so far insinuated themselves into H.E.'s
affection as to be able to mislead his judgment and
wickedly apply his authority to support their own
corrupt designs, which were carried into execution in
the many unwarrantable proceedings of the Governor's
first Assembly, many of whom being in debt were
privileged for above two years from suits ; as also in the
trade openly [sic] the Governor with the French
Colonies in Nov., 1712, whereby indico and other goods
was brought to Jamaica and sold for gold and silver to
the ruin of indico planters, etc., not to mention the Act
passed in the Assembly whereby all wills and testaments
may be rendered impracticable to be executed by ye
executors in order to give the Governmt. a power of
granting administration to his said favourites or others
in trust for them. The principal actors in bringing
this misery upon the Island were Dr. John Stewart,
Richd. Rigby, Wm. Broderick, none of whom had any
plantation in the Island, the first being Physician to
H.E. and one of the Council and the last Attorney
General who so far deviated from his worthy family,
that apostate like is the great promoter of oppression
and creator of differences amongst the inhabitants.
The better to effect their purposes, Richd. Rigby
was secretly dispatched to Great Britain in Jan., 1712,
to solicit the late Ministry (among other requisites)
to have such of the Council here removed as could not
84 COLONIAL PAPERS.
1716.
be prevailed upon to fall into the same measures (which
has been since effected and given as a reason for their
removal that they voted contrary to the Governor's
pleasure) whilst Stewart and Broderick industriously
aspersed many of your Majesty's subjects here and
Broderick by his circular letters to the Freeholders
threatned all those who would vote against the Governor's
intrest, which he called Prerogative, and represented
those who would as of seditious republican anti-
monarchical principles, and accordingly prevailed with
H.E. as such to represent us to the late Lords Commissrs.
for Trade, thereby intending not only to raise sedition
but to lessen the planters (of known loyalty and integrity
to your Majesty) and best families of this Island in the
opinion of her late Majesty, and renders most men of
any fortune in this Island odious in the esteem of ye
people, the better to influence the elections of a second
Assembly, etc. Finding the measures taken in such
second Assembly insuccessful, Stewart and Broderick
by their credit with H.E. prevailed with him to dissolve
it (partly to protect Broderick who was under a prose-
cution upon the Assembly and Council's application)
notwithstanding the good disposition that body met the
Governor as appears by their very dutiful address and
the many good laws they had passed and were then
framing, to wit, to prevent trade with the French, to increase
the Revenue by selling all escheats at the real vallue, and
other Acts for subsistance of the Regiment there, and
yet tho' they had occasion to address her late Majesty
twice upon matters of the greatest concernmt. to 'em
his Lordship's concurrence could not be obtained in
regard the said Assembly had not first addressed H.M.
upon what he called the Glorious Peace and after they
had sat three months were told by the Governor they
must have no recess till they had raised more mony,
which being then impracticable (the publick accounts
being unstated), were dissolved, and John Stewart to
possess the electors with the evil impressions of their
representatives, in his own handwriting delivered the
then Attorny General (in H.E. name) certain odious
heads in order to draw up a Proclamation for the said
dissolution which directions the said Attorny General
being commandd. to pursue were drawn in form which
your Assembly beg leave with all humility to represent
as an abuse of her Majesty's name and authority and
little better than libelling (under the Broad Seal of this
your Majesty's Island) the preceding Assembly and
proclaiming them guilty of betraying the liberties they
represented, etc. Upon calling a third Assembly the
most corrupt and unfair practices were used by the
Govr., Stewart and Broderick who contrived it so as in
some places none was to have notice of elections but
AMERICA AND WEST INDIES. 85
171G.
those they were sure would vote for their intrest and
that only the morning or night before the election, in
another place the election was closed upon a signal
made by Stewart to the Sherriff's Deputy. And in
others Broderick determined the qualifications of the
electors which the Sherriff abided by whereby many
Freeholders were deprived of their right but when all
these practices would not prevail and that an Assembly
of the estated men were chosen the next thing after
addressing your Majesty on your accession was to
appoint a Committee to enquire into the said practises
to prevent which Jon. Stewart and Win. Broderick
by their influence on H.E. prevailed with him the 3rd
day after their meeting to prorogue the same and which
in some days after they procured to be dissolved.
As the only means now left, Stewart and Broderick
prevailed with H.E. to remove from all posts civil and
military the principal planters and inhabitants who in
the late King William's reign and since defended this
Island against all the efforts of the then enemy of the
Crown, and who in their power would and will assert,
maintain and defend your sacred Majesty's undoubted
title to this or any part of your Dominions against all
Pretenders. To supply the vacancies, commissions
civil and military were promiscuously offered and given,
as well to the obscure and unknown as to persons of
scandalous characters and indigent fortunes and of
known disaffection to your Majesty (of which number
Papists and Jacobites have been countenanc'd and
employ 'd). Former Assembly s agreeable to this endea-
vouring to prevent the inconveniencies that attended
the confirming some laws in Great Britain by passing
an Act to raise 300 pr. annum for three years to defray the
necessary charge of soliciting and representing our affairs
in Great Britain, which always proved ineffectual and
has been chiefly obstructed by H.E. as we apprehend
by the advice of Stewart, Rigby and Broderick and the
majority of the Council knowing it might be a check
upon their unwarrantable proceedings. Your Assembly
also craves leave to lay before your Majesty a specimen
of the unkind and indirect means made use of to induce
her late Majesty since the Peace to form and continue
two Independant Companies here by H.E. representing,
10th Oct., 1713, that the negroes in open day had
cut two white men in pieces, from which his Lordship
inferred the necessity of keeping regular forces on foot
and withall adding we were not fit to be left by our-
selves. No instance during his Governmt. can be
produced when the regular forces were ever employ 'd
or sent out in order to reduce rebellious negroes, but
that service has at all times -been ieft entirely to the
care, cost and labour of the inhabitants. In another
COLONIAL PAPERS.
1716.
letter, 27th of the same month he was pleased to say the
country would chearfully go into measures for making
provisions for the soldiers notwithstanding the factious
endeavours of a few who have never been satisfy'd
with any Governmt., by which H.E. must mean the
Assembly, which we apprehend to be evident, by his
choosing rather to subsist the sd. Companies out of his
and the Council's pockets, than (by calling an Assembly)
whether the country wou'd so chearfully go into his
measures, etc., and what is severe is, that tho' ye country
has been punished with sudden dissolutions of Assemblys
and a long disuse of them whereby many opportunities
have been lost of benefit to the Island yet the Govr.
would now claim ye mony he has so raised and appro-
priated without any law as a just debt which tho the
Council agree with him, etc. ; yet if yielded to might
prove of fatal consequences to the liberty of the people,
as tending to the disuse of Assemblies, which neither
this nor future Assemblies will ever agree to, conceiving
it to be nothing less than the Governor and Council's
raising money upon the subjects without the concurrence
of an Assembly, which would amount to this, that the
Governor is first to execute and then get a law to
establish such execution, etc. This we apprehend to
be one of the causes of the disagreemt. between the
Council Board and Assemblies. Your faithful Assembly
cannot but with the utmost concern represent the little
care taken in the late critical juncture of affairs of the
fortifications, tho' reported in that miserable state by
the Committees of the Council and Assemblies, and that
the Commanding Officer of Fort Charles on Port Royal
refused those Committees to have a view or take any
account of the powder, tho' the same be a considerable
branch of the Revenue of this Island and if rightly
apply'd would with the settled Revenue more than
answer the contingencies of the Governmt., neither
can we omit taking notice of the discouragemt. Port
Royal, the only place of strength in the Island, has of
late met with not only in the late appointment of
and the officers there to take care of it such as a Colonel
made that was then either at Barbadoes (and had been
absent two years, or amongst the Windward Islands) a
Lieut. Colonel that lived at least 40 miles distant and
had no known place of residence in the parish of Port
Royal, a Capn. of the Fort Dr. Stewart who lived 12
miles from it ; and cannot be supposed to be in any
respect equal to so important a charge but is intrusted
with the key of the Island to answer- private views which
is visible by his continuing in such trust when a Lt.
Colonel in H.M. service [who] now resides in the Fort
as one of the Captains of the Independant Companies
and must be thought a more proper commander. And
AMERICA AND WEST INDIES. s?
1716.
wo cannot help reflecting that in case this Island had
been attacked etc., it must in all probability have
fallen a sacrifice, and tho' piles and materials were
provided at great expence to the country to carry on a
new line which would be the most defensive piece of
fortification about Port Royal and then adjudged
necessary by the Assembly as also by that good officer
Capt. Hawkins, yet most if not all of the said materials
are made away with, without any progress made therein.
Quote messages sent by them to the Council concerning
the fortifications, Dec., 1715. Continue : Private
interest was the chief if not the only inducement to
procure Independant Companies to be form'd after the
reducement of Col. Handyside's Regimt. which will
best appear, not to mention the advantage of disposing
of Commissions by the discharging from the said
Company's tradesmen and others for very considerable
sums and granting furlows upon terms of allowing your
Majy's. pay and the country's subsistance (when paid in
money) together with a benefit of receiving the men's
pay in sterling money, in lieu whereof the soldiers
received only current mony of Jamaica wch. is a loss
to them 30 or 35 p.c. It is with the highest reluctance
your faithfull Assembly approach your sacred Maty,
with their complaints at a time when your Kingdoms
are disturb 'd by intestine and unnatural rebellions etc.,
but doubting when we may have another opportunity of
acquainting your Majesty that our usual privileges,
libertys and property are violated, our whole body con-
temptibly treated, the subjects' property invaded, the
cour(s)e of justice obstructed and Acts of Parliament
broke through by H.E. and a dispensing power of laws
assumed, and this at a time when we believ'd ourselves
for ever secured by your Majesty's happy accession in
our religion and in our property and once more rescued
from the most imminent danger of having them depend
on the courtesy of a Popish Pretender. Your faithful
Assembly out of the highest duty and deference to your
Majesty's most gracious recommendation to make an
honourable provision for the Revenue and for the
discharging all publick debts, and also to provide a
necessary subsistance for the two Independant Companys
and to answer your Matj's. Royal intentions in peopling
this your Majesty's Island us'd their utmost endeavours
to comply, etc. Enumerate titles of bills passed.
158. xi. (6) Address of the Assembly of Jamaica to the King.
Dec. 31, 1715. Assure H.M. of their loyalty and present
preceding representation in reply to H.M. letter, " ex-
pressing his great concern that there had not been good
agreement so necessary in Assemblys for publick
happiness " etc. Signed, J. Blair, Speaker. The whole
endorsed, Reed. Read 19th May, 1716. 22 pp.
COLONIAL PAPERS.
1716.
158. xii. An account of the maladministration in Jamaica
during the Government of Lord Hamilton (sic). Repeats
parts of preceding. (2) There being several of his first
Assembly in debt, in order to engage their votes, he
allowed a priviledge for two years against any suits
etc. He obtained an address from them to himself for
trading with the French, which he had before writ to
the French governor to settle, sent an Agent (whom he
has since made one of ye Council) to Hispaniola to
negotiate a destructive commerce of sending indico and
sugars to Jamaica, for a return of gold and silver, which
was continued privately ever since, tho' subsequent
Assemblys have pass'd two Acts to prohibit it. " To
inrich his favourites and himself he prevail'd with those
priviledged persons to pass a law annul all wills and
testaments by preventing any executor to act without
giving security to the value of the estate, whereby no
wills cou'd be performed by the v persons intrusted by
the testator, and the Governor was then at liberty to
grant administration to whom he pleased. To make
himself independent of all future Assemblys, 'twas
sollicited by his favourites that an Act shou'd pass for
a perpetual duty, the ill tendency of which was perceiv'd
by all the men of fortune in the Assembly, who rather
than be in perpetual bondage, unanimously absented
themselves, which occasion'd a dissolution. (3) The
steps taken for a second Assembly were to get the then
and present Attorney General to write circular letters to
caution those who had Chancery suits not to vote
against the Governor's friends (the Governor being
Chancellor). Directions were given in the Governor's
name whom to choose, and in order to prevail for the
poorer part of the first Assembly, the votes of the first
Assembly were counterfeited by the Attorney General,
and other votes framed to shew how good patriots the
aforesaid priviledged members were, but all the men of
estates having had a tast of the pernicious designs of the
Governor and his favorites, and how dangerous it may
prove shou'd the poorer part of the Island become its
Representatives, exerted themselves and were chose by
great majoritys, and as they had most to lose, prepar'd
remedys against the French trade etc., ut supra. (6) The
Governor assumed the whole legislative power by
dispensing with the positive law, whereby a sum of
mony was rais'd and appropriated to particular uses,
and there being a sum of 8000 in a certain Commis-
sioner's hands nam'd for that purpose by the Act,
who with two suretys executed a bond to her late
Majesty for his accounting with the Assembly for such
mony as he shou'd receive, he was imprison'd until he
paid the said 8000 to the Governor's orders, and his
bond was by the Attorney General cancell'd, in
AMERICA AND WEST INDIES. $9
1716.
pursuance of a warrant from the Governor tho' the bond
was given for the use of the Assembly, these acts of
arbitrary power and oppression were attended with
suspending for some days the Secretary of the Island
from the Office of Clerk of the Council only for refusing
to cancel or tear the said bond which was lodg'd in his
office. (7) The Governor has allow 'd the French and
other foreigners to trade in the Island under colour of
supplying themselves with necessarys and the better to
cover the breach of the Navigation Laws, the goods so
sold by the French are enter'd as imported from Great
Britain etc. The Governor has in express words under
his hand refused to comply with the Acts of Trade,
against the advice of the late Attorney General. (8)
He has suspended the President of the Council because
he assented to a bill which the Governor did not like.
To prevent freedom of speech, he constantly sits in
Council whilst they are considering of laws, wch. he
has no right to do, but he thinks his presence will be
a check on those he can remove at pleasure, and by
this influence he plays one branch of the constitution
against the other, and to skreen himself he never fails
consulting the Council tho' in things quite foreign to
their province. Among several instances of this manner
of undermining the liberty of the subject, one happen 'd
in an Order that the present Attorney General advis'd
the Governor to in favour of the old priviledged members
whereby no person was to sue in Chancery unless oath
was made by the plaintiff of the truth of his bill, by
which means the merchants in London and infants
cou'd never sue ; and this Order had the sanction of
the Council ; the other was calling a member of the
Assembly to an account for words spoke in the Assembly,
and a third may be look'd upon as extraordinary wch.
was that the Council charg'd it as a misdemeanor
in any person to endeavour to obtain any favour from
the Crown but through the Governor, by which 'tis
observable how dangerous it is to give a Governor a
power of suspending the Council to prevent which they
must always chime into his time. (9) By a law of the
Island every ship arriving in Jamaica is to lodge such a
quantity of gun powder in the Fort at Port Royal for
the use of the country, which the Governor wou'd never
consent to be accounted for, but has receiv'd the profits
of, as he has several sums of mony arisen by seizures
on the Acts of Navigation wch. he has not accounted
for, etc. (10) The Governor was not contented to have
several of the Council remov'd, but has protected those
who voted in elections to his mind even to the interrup-
tion of the course of justice as appears by a letter under
his hand forbidding any molestation whatsoever to such
and such persons, a priviledge that the Kings of
90 COLONIAL PAPERS.
1716.
England are never advis'd to exercise, every man by law
having a right to seek a remedy for an injury done, wch.
the Governor of Jamaica has dispens'd with in this
instance, and wch. is not the first he tamper'd in, having
before then commanded the Judges of the Island to
set at liberty a person (tho only found guilty of man
slaughter) yet who was directed by all the Judges to be
convicted of murder and the Judges in such case having
by law a power of remanding the prisoner to goal, were
interrupted by a special direction from the Governor.
There are several other miscarriages that might swell
this into a volume, and wch. are declin'd here, on a
presumption that those already mention'd are sufficient
to intitle the people of Jamaica to H.M. most gratious
interposition in their favour. 14 pp.
158. xiii. Peter Hey wood to Mr. Secretary Stanhope. Jamaica,
Feb. 28, 1715. Encloses following. " I have upon all
occasions, to the utmost of my power supported the
interest of King George's sacred person and family,"
etc. Signed, Peter Heywood. Copy. 1 p. Enclosed,
158. xiv. Mr. Peter Hey wood's speech to the Council, arguing
in favour of passing the Bill sent up for appropriating
several sums already raised for the subsistance of H.M.
soldiers, and discharging publick debts. Feb. 7th, 1715.
Signed, Peter Heywood. Copy. 5 pp.
158. xv. Further remarks by Mr. Heywood in Council, on
preceding. Feb. 26, 1715. This bill was to appropriate
money already raised and lodged in a Commissioner's
hands (Anthony Major), by a former Assembly, to be
appropriated as it, or a future Assembly, should think
fit. It is appropriated for nothing but what was
absolutely necessary, to provide for the soldiers, pay the
servants of the House, and the debts wch. the honour
of former Assemblys stood bound for, and lastly a
positive sum of 3000 to be thrown into the King's
Treasury, etc. I have been in the Council 26 years
and never disobliged any Governor or Council, although
I have not at all times hit in opinion with them, for I
always thought that the King in his Instructions to
the Governor permitted the Council to have freedom of
debate, and that they have the liberty of giving their
votes as their judgment directs, without lying under
the displeasure of the Governor and being suspended by
him and the majority of the Council (wch. no Governor
but may be always secure of) etc. Signed, Peter Heywood.
Endorsed, Reed. Read 19th May, 1716. 4| pp.
[C.O. 137, 11. Nos. 16, 16 i.-xv. ; and (without enclos-
ures) 138, 14. pp. 415-419.]
May 19. 159. Council of Trade and Plantations to Mr. Secretary
Whitehal. Stanhope. Enclose following. " We shall without delay send
you the draught of Instructions," etc. Autograph signatures.
AMERICA AND WEST INDIES.
91
1716.
1 p. Enclosed,
159. i. Draught of H.M. Commission revoking the Com-
mission of Governor Lord A. Hamilton, and appointing
Peter Heywood Commander in Chief of Jamaica, till
H.M. further pleasure be known, and investing him with
all the powers specified in the Lord Archibald's Com-
mission, etc. [C.O. 138, 14. pp. 420-423 ; and (with-
out enclosure] 137, 46. No. 15.]
May -|^. 1 60. Commandant Vanderheyden Rezen to the Directors of
Rio Essequebe, the Dutch West India Company. Signed, Pr. Vanderheyden
Rezen. Endorsed, Read 20th Oct., 1716. Dutch. 2% pp. [C.O.
116, 21. No. 150.]
May 21.
Whitehall.
May 21.
St. James's.
May 21.
Whitehal.
May 21.
Whitehall.
1 61 . Order of Council. Approving draught of following
warrant. Signed, Edward Southwell. Endorsed, Reed. 8th,
Read 16th Jan., 17|f. 1 p. [C.O. 137, 12. No. 35 ; and 138,
15. pp. 185, 186.]
162. H.M. Warrant appointing Peter Hay wood, Governor
of Jamaica and removing Governor Lord A. Hamilton from that
office. Countersigned, James Stanhope. Copy. [C.O. 5, 190.
pp. 339-341.]
163. Mr. Popple to Mr. Pringle. Encloses following, to be
laid " before Mr. Secretary Stanhope, that he may be appriz'd
of them before the Board wait on him on Wednesday morning
next." Annexed,
163. i. Draught of H.M. Instructions for Peter Heywood,
Commander in Chief of Jamaica. Embodies directions
for seizing the Governor and those concerned in piracies,
and their effects, etc., given by Mr. Stanhope, May 19.
For Councillors, v. May 24. Concludes : Notwithstand-
ing that by our Commission to you we have vested you
with all the powers in our Commission to Lord Archibald
Hamilton, it is nevertheless our will and pleasure, that
you, or the Commander in Chief for the time being,
do forbear to pass any Acts but what are immediately
necessary for the peace and wellfare of the said Island
without our particular order for that purpose, etc.
[C.O. 138, 14. pp. 423-428 ; and (without enclosure)
137, 46. No. 16.]
164. Mr. Secretary Stanhope to the Council of Trade and
Plantations. H.M. having thought fit to remove Lord Archibald
Hamilton from the Governmt. of Jamaica, and judging it also
necessary for his service, that there should be a new Council
constituted for that Island, you are to inquire who may be the
proper persons to make up this Council, and report your opinion
for H.M. directions thereupon. Signed, James Stanhope.
Endorsed, Reed. Read 21st May, 1716. 1 p. [C.O. 137, 11. No.
17 ; and 138, 14. p. 428.]
92 COLONIAL PAPERS.
1716.
May 23. 165. Lt. Governor Spotswood to the Council of Trade and
Virginia. Plantations. Abstract. Sends Minutes of Council by Dr. William
Cocke, Secretary of the Colony, whom he recommends for his good
services. Hopes that the new seal will be smaller and so more
suited to the needs of the country. Many things pass under the
present seal, scarcely smaller than the Great Seal of England, for
a fee of 20s. which hardly pays for the wax. Mr. Cocke takes
with him a transcript of the laws, referred to in former letters
(1713), in order to be printed. As a return for their pains,
hopes that the Secretary and Attorney General, Clerk of the
Council and Judge of the Admiralty, whom he appointed to draw
up a body of the laws in force, may be granted the benefit of the
impression for a term of years. Repeats complaint of ingratitude
of S. Carolina Government (v. C.8.P. Oct. 24, 1715), who have not
fulfilled any of their promises of pay and cloathing etc. to the
Virginian forces who rendered them such signal service, but have
sent them back naked and penniless, for which he is held respon-
sible. Asks to be allowed to relieve them out of the quit-rents,
until S. Carolina does them justice etc. Signed, A. Spotswood.
Endorsed, Reed. 23rd July, Read 1 7th Aug. ,1716. 4 pp. Printed
Va. Hist. Soc. Coll., Spotswood Papers, II. 251. Enclosed,
165. i. Copy of Address from the Lt. Governor and Council of
Virginia to the King. With hearts full of joy we
congratulate your Majesty upon the happy success of
your counsells and arms, in extinguishing an unnaturall
warr, raised in Great Britain by those rebellious subjects,
who by promoting the interest of a popish Pretender,
would have robb'd your people of the happiness they
enjoy under your Government. If your Majesty's
subjects of Virginia by their remote scituation have
been deprived of giving assistance towards directly
suppressing the late wicked rebellion, yet we humbly
presume to begg that, with your faithfull subjects of
Gt. Britain, we may be allow'd some small share in
the honour, as we take a large one in the joy of that
happy success ; for we in the administration here,
have not been wanting to strengthen yor. Majesty's
hands by taking measures to prevent a diversion of
your forces against Heathens abroad, while they were
greatly needed agst. rebells at home ; and having sent
such sufficient and timely succours to your distressed
subjects in Carolina, as have effectually helped them to
recover their Province, out of the hands of the barbarous
Indians, we have now rendred that assistance needless
which your Majesty has been pressed to send from
Europe, etc. Here your Majesty reigns universally in
the hearts of all your subjects, etc. Signed, A. Spots-
wood ; E. Jennings, Robert Carter, James Blair, Phil.
Ludwell, John Smith, John Lewis, Wm. Bassett, Wm.
Cocke, Nathl. Harrison, Mann Page, E. Berkley. Same
endorsement. 1 pp. [C.O. 5, 1317. Nos. 43, 43 i. ;
and (without enclosure) 5, 1364. pp. 403-411.]
AMERICA AND WEST INDIES.
93
1716.
[May 23.]
May 24.
Whitehall.
May 24.
St. James's.
May 24.
Whitehal.
May 24.
Admiralty
Office.
May 24.
Virginia.
1 66. Robert Carey, Agent for the Virginia Indian Company,
to the Council of Trade and Plantations. Prays to be heard in
a fortnight's time in support of the Virginia Act for the better
regulating the Indian trade, etc. Endorsed, Reed. 23rd, Read
24th May, 1716. 1 p. [C.O. 5, 1317. No. 32 ; and 5, 1364.
pp. 372, 373.]
167. Mr. Popple to Mr. Carey. Reply to preceding. Encloses
copy of opponents' memorial for an answer as soon as may be,
that a day may be appointed for hearing both sides, etc. [C.O.
5, 1364. p. 374.]
168. H.M. Warrant appointing Thomas Reynolds and his
son Francis, to hold by themselves or deputy, during their
lives and the life of the longer liver of them, to the office of
Provost Marshall General of Barbados, and revoking the patent
of William Forbes. Countersigned, James Stanhope. Copy. [C.O.
5, 190. pp. 341, 342.]
169. Council of Trade and Plantations to Mr. Secretary
Stanhope. Reply to May 21st. We have consulted several
merchants and others concern'd in the Island of Jamaica, and
humbly propose the following may be constituted H.M. present
Council, vizt. Peter Hey wood, Charles Chaplin, Francis Rose,
John Peck, Valentine Mumby, John Blair, William Broderick,
James Risby, Ezekial Gomersal, John Willis, Thomas Beckford,
and George Bennet. Memdm. Upon enquiry at the Secry's.
Office Mr. Popple was inform'd that in the Instructions sign'd
by H.M. the name of Jno. Willis was left out and that of Thomas
Bernard inserted next after Valentine Mumby. Autograph
signatures. 1 p. [C.O. 137, 46. No. 17 ; and 138, 14. p. 429.]
170. Mr. Burchett to Mr. Popple. Asks for instructions
for Capt. Jno. Hagar, H.M.S. Rochester, appointed to go to
Newfoundland, etc. Signed, J. Burchett. Endorsed, Reed.
Read 24th May, 1716. Addressed. 1 p. [C.O. 194, 6. No.
15 ; and 195, 6. p. 268.]
171. Lt. Governor Spotswood to the Council of Trade and
Plantations . A bstract. Has suspended the auditor of the Revenues
for many breaches of his duty, and expects that he will be attacked
by his numerous kindred in the Council and the country. He has
already been branded by Mr. Ludwell and his adherents, who set
up as patriots, for endeavouring to oppress the people by extend-
ing the prerogative of the Crown, as in the case of the law he has
got passed for due payment of quit-rents, etc. They envy H.M.
the profits of his own revenues, and look upon all persons not
born in the country as foreigners, and seem to allow no jurisdiction
but what is established by laws of their own making. Happily
there are but few persons of figure of this stamp. The bulk of the
country is free from that infection. Appeals to his record, the
beneficial results of his lawful measures and the justice and
94 COLONIAL PAPERS.
1716.
protection of the Board. He would have suspended Mr. Ludwell
from the Council also, for his constant opposition in the matter
of the quit-rents and regulation of the accounts, his stirring up
the people before the last election of the Burgesses, tampering
with the most mutinous of that House and betraying to them the
measures resolved on in Council, but by his new Instructions that
power is transferred to the majority of the Council. As there
are no less than seven of Lud well's relations in the Council,
it is impossible to get a majority to consent to the suspension
of him or any other of that kindred. Criticises that Instruction.
Has been obliged to enter into a lawsuit with Mr. Ludwell
concerning his encroachments upon the lands set aside for the
Governors, and asks for an opinion on the case. In spite of his
conciliatory efforts, Mr. Ludwell, who makes it a merit to
oppose all Governors, has grossly affronted him over this matter.
Asks that he may be visited with some mark of H.M. resentment.
Signed,, A. Spotswood. Endorsed, Reed. 25th July, Read 17th
Aug., 1716. 8 pp. Printed, Va. Hist. Soc. Coll. Spotswood
Papers, II. 163. Enclosed,
171. i. Observations upon the mismanagement of the King's
Revenues of Virginia, with the Lieutenant Governor's
charges against the Deputy Auditor, Philip Ludwell, for
fraud and mismanagement. Ludwell was the principal
adviser of the Assembly's Address to the King for H.M.
surrender of his whole quit-rents, falsely affirming that
H.M. predecessor had made an absolute promise thereof
to the country, etc. Signed, A. Spotswood. Same
endorsement. 8 pp.
171. ii. State of the case Rex v. Philip Ludwell in the matter of
the Governor's land. Same endorsement. 4| pp.
171. iii. Report of the Officers of the Revenue to Lt. Governor
Spotswood upon the sources of the Revenue and the
manner of auditing and keeping the accounts. Signed,
Phil. Ludwell, Auditor, Nathl. Harrison, Dty. Recr.
Genii. 21 pp.
171. iv. Remarks upon preceding (? by Lt. Governor Spotswood}.
Endorsed, Reed. 25th July, Read 17th Augt., 1716.
5 pp.
171. v. Proclamation notifying the repeal of the Act declaring
who shall not bear office, etc. Williamsburgh, 20th April,
1716. Signed, A. Spotswood. Endorsed as preceding.
\p.
171. vi. (a) Account of Francis Lightfoot, Naval Officer, of
the 2s. per hhd. for the upper part of James River,
20th April-20th Oct., 1715. 2-| pp.
(b) Auditor's certificate of preceding. Signed, Phil.
Ludwell. |^ p. The whole endorsed as preceding.
171. vii. Copy of Minutes of Council of Virginia, Dec. 8, 1714,
directing the method of collecting the Revenue. Same
endorsement. 2 pp.
171. viii. The Receiver General's account of the Revenue of
2s. per hhd., 20th April-25th Oct., 1715. Totals ;
AMERICA AND WEST INDIES. 95
1710.
Receipts, 1514 3s. ld. Expenditure, 3513 5s. 4|d.
Same endorsement, 1 p.
171. ix. Receiver General's account of H.M. quit- rents in
Virginia, 1714. In detail. Totals, acres, 97,715. Money
received, 63 5s. 4d. Aronoka tobacco, 8284f/6.
Sworn before Phil. Ludwell, Auditor, Nathl. Ridley,
Sher. Same endorsement. 1 large p.
171. x. Auditor's Certificate approving preceding. Signed,
Phil. Ludwell, Auditor. \ p.
171. xi. Receiver General's account of quit-rents of Virginia,
25th April, 1714-1715. Totals, Receipts 2298 17s. 9d.
Expenditure, 1276 11s. 9|d. Same endorsement. 2pp.
[C.O. 5, 1317. Nos. 44, 44 i.-xi. ; and (without enclosures)
5, 1364. pp. 413-430.]
May 25. 1 72. Thomas Coram to the Council of Trade and Plantations.
In Harrises Prays to be heard against the passing of an Act lately passed in
Court m f.j ie Massachusets Bay for erecting a light house on that coast,
Brooke Street, , , J . , .
Badcliff. etc- One of the most material matters necessary for the pre-
servation of ships comeing in and out on that coast is wholy
neglected in the said Act, etc. Signed,, Thomas Coram. Endorsed,
Reed. 25th May, Read 1st June, 1716. Addressed. Sealed.
1 p. [C.O. 5, 866. No. 86.]
May 25. 1 73. Governor Hamilton to the Council of Trade and
Nevis. Plantations. Repeats 30th April. Continues : I am now re-
turned from St. Christophers in a sloop, and my friends in
Antigua have offered 100 for a merchant ship to fetch me to
that Island where H.M. servis requires my presence, by this your
Lordships will see and judge the difficulty I am put to for want of
a man of war, which I hope your Lordships will so recommend
that if there is not one alreddy sent, it may be forthwith done
and that such orders may be given to the Captaines that they
may not be left at liberty to leave the station at theire owne
pleasure. Martha Assaillie (v. 30th April, etc.) came from
Guardaloop the day I came from St. Christophers (but being
informed that the Attorney Generall was issuing a warrant out
against her for haveing had, and destroyed a bastard child some
years ago, in this Island, for which shee then fled first to St.
Eustatia belonging to the States Generall, and afterward for
England) I tould her the Attorney Generall had something to
say to her, upon which shee withdrew, and hearing of the warrant,
shee is againe fled, etc., I suppose againe to St. Eustatia, etc.
Mr. Cunynghame is com to a better temper, and was running out
Madame D'Salenave's plantation by the sworne Surveyor when
I came away for wch. I shall pass him a patent according to H.M.
order and the report of the Surveyor. I shall embarke by the
first safe conveyance for Antigua where shall waite your Lord-
ships' command, etc. Signed, W. Hamilton. Endorsed, Reed.
27th July, 1716, Read 5th April, 1717. 3 pp. [C.O. 152, 11,
No. 52 ; and 153, 13. pp. 6, 7.]
96
COLONIAL PAPERS.
1716.
May 27. 174. Order of Council. Approving Instructions for Peter
Hey wood (v. May 21). Signed, Edward Southwell. Endorsed,
Reed. 8th, Read 16th Jan., 17if. f p. [C.O. 137, 12. No.
35 ; and 138, 15. p. 186.]
Whitehall.
May 28.
Whitehall.
175. Mr. Secretary Stanhope to Governor Heywood. H.M.
having thought fit, upon the complaints made agst. Lord Archbald
Hamilton to remove him from the Government of Jamaica, this
accompanies H.M. Commission to you, and his Instructions to
yourself and Council named in them, whereby you are to manage
your selves, and which H.M. doubts not but you will pursue
with that probity, zeal and application that H.M. service, the
peace and quiet of the Island, and the benefit and interest of
H.M. subjects, require, as you are to expect from hence all the
necessary encouragement and support in the discharge of your
duty. As by H.M. Instructions you are directed to make inquiry
into the conduct of the Governor in relation to any concern he
may have had in the late unjustifiable practices, I am commanded
by H.M. to acquaint you that this Instruction is so to be under-
stood, as that no enquiry is to be made into the conduct of the said
Lord Archbald, nor any resolution taken in relation to him,
in pursuance of the said Instruction, but what is done by the
Governor and Council joyntly in Council, and determined by the
majority thereof, and this you are to communicate to the Council,
that you and they may regulate yourselves accordingly. Signed,
James Stanhope. Annexed,
175. i. H.M. Instructions to Governor Haywood. St. James's,
May 28, 1716. With these you will receive Our Com-
mission, etc. You are to govern yourself by the
Instructions given to the Lord A. Hamilton, etc. The
Council to consist of Peter Haywood, Charles Chaplin,
Francis Rose, John Pecke, Valentine Mumby, Thomas
Bernard, John Blair, William Broderick, James Risby,
Ezekiel Gomersal, Thomas Beckford, and George
Bennet. Continues : And whereas it has been repre-
sented to us, that contrary to our said Instructions and
in defiance of the publick faith which is engaged for the
observation of the several Treaties concluded between
our Crown and that of Spain, divers Commissions
have of late been issued out by the Governor Lord A.
Hamilton to particular persons, who under the covert of
these Commissions have been guilty of the greatest
abuses, by committing of robberies and pyracies in
the Gulf, and on the coast of Florida and elsewhere ;
and we having had this matter under our consideration,
and judging such abuses highly derogatory to the
honour of Our Crown, contrary to the faith of our
Treaties with Spain, and highly -prejudicial to the
interests and trade of our subjects are resolved by all
means to discountenance and discourage such practices
by an exemplary punishment on those who are guilty
to prevent the like for the future ; it is therefore Our
AMERICA AND WEST INDIES. 97
1716.
will and pleasure, that so soon as our Commission and
these Our Instructions shall come to your hands,
you do without loss of time make strict inquiry into such
Commissions as may have been granted by Our Governor
aforesaid, and into all abuses committed by any under
such Commissions, especially into any robberies and
pyracies committed by them upon the Spaniards in the
Gulf of Florida or elsewhere, and in case it shall appear
to you that the said Governor has been any ways
concerned in these unjustifiable practices you are to
take care that he be put under arrest and his effects
seized and sent over with him by the first ship that shall
come from Our Island. It is Our further will and
pleasure that you give orders for seizing the persons and
effects of all such as have been guilty of any robberies
and pyracies by virtue of such Commissions, and that
you take the first opportunity of sending them and their
effects hither with such proper evidence for convicting
them according to law, as you can find. And we
expect that these Our Orders shall be punctually and
faithfully executed by you. Notwithstanding that by
Our Commission to you, we have vested you with all
the powers in our Commission to the said Lord A.
Hamilton, it is nevertheless Our will and pleasure that
you or the Commander in Chief for the time being, do
forbear to pass any Acts but what are immediately
necessary for the peace and welfare of the said Island,
without Our particular Orders for that purpose according
to the 25th Article of Our Instructions to the said Lord
A. Hamilton. Signed, G.R. [C.O. 5, 190. pp. 343-
346.]
May 29. 176. Governor Hunter to Mr. Popple. The ship is under
New York. sa ii e . Cox and his friends are expell'd the house ; the House
have adress'd the King, and promised to support etc. The
harvest will make some interruption in the sessions, but after
that and ye elections of some in ye room of those expell'd, all
will be easy and well in spite of Talbot and his Church, his
Champion, and his J$[ishop]. Adieu I ha'nt time to say one word
more but that I am all yours. Signed, Ro. Hunter. Endorsed,
Reed. 27th July, 1716, Read 26th Nov., 1717. Holograph. 1 p.
Enclosed,
176. i. Governor Hunter to [? Ambrose Philips, Agent for
New York] New York, 29th May, 1716. To same effect
as preceding. If Cox were guilty of actual treason he
would be acquitted by Talbot's Church, who alone in
that county can be of the petty Jury, and lately acquitted
one who confessed the crime in open court. Hopes to
get rid of Talbot, and then the Province will be easy.
The Lt. Gov. of Pennsilvania, Gookin, is going home as
Cox's Ambassador. Watch him, etc. Signed and
endorsed as preceding. Holograph. 1| pp. Printed,
Wt. 26355. C.P. 7.
98
COLONIAL PAPERS.
1716.
N.J. Arch. 1st Ser. II. 254. [C.O. 5, 971. Nos. 22,
22 i. ; and 5, 995. pp. 353-355.]
May 30. 177. Circular letter from the Council of Trade and
Whitehall. Plantations to the Governors of Plantations. Having in
the course of our considering the letters we have received
from several Governors of H.M. Plantations, and Minutes of
Council and Assembly, as likewise the Acts therewith
transmitted, found that the abstracting the said Minutes and
Acts in the margins, so that we might have the quicker recourse to
any parts thereof, wou'd very much facilitate the dispatch
of business relating thereto ; we must desire you to give directions
to the proper officers that for the future all Minutes both of
Council and Assembly as likewise the Acts pass'd in be so
abstracted in the margins. [C.O. 323, 10. pp. 93, 94.]
[May 30.] 1 78. Petition of Col. Nicholas Laws, Francis Oldfeild, John
Moore, William Bowles, William Wood and Samuel Bernard
to the Council of Trade and Plantations. Memorialists to their
great surprize have been informed that John Stewart, Richard
Rigby, Thomas Bernard, James Archbould, John Ayscough,
John Sadler and Richard Elliston are to be dismiss'd from the
Council of Jamaica. For estates and abilities they are superior,
in zeal for the Protestant succession at least equal, and in their
public endeavours for the good of Jamaica and H.M. service,
abundantly surpassing those that can succeed them. Pray that
they may be continued as Councillors, or heard in their own
vindication. Endorsed, Reed. Read 30th May, 1716. 1 p.
[C.O. 137, 11. No. 18.]
May 30.
Phillpott
Lane.
May 30.
Whitehall.
May 31.
Whitehall.
179. Henry Offley to Mr. Popple. Encloses following. All
the Trade to whom I have shewn them approve my answers against
the Agents Act, etc. Signed, Henry Offley. Endorsed, Reed. 30th
May, Read 16th June, 1716. Addressed. Postmark. J p.
Enclosed,
179. i. Answers to the clauses of the Act of Virginia, for
preventing frauds in tobacco payments, etc. 2 J pp.
179. ii. Reasons against the Act of Virginia for monopolizing
the Indian trade, etc. Endorsed as covering letter. 1 p.
[C.O. 5, 1317. Nos. 34, 34 i., ii.]
18(h, Council of Trade and Plantations to the King. We
have no objection why your Majesty may not confirm the Act of
Virginia declaring what shall be accounted a sufficient seating, etc.
[C.O. 5, 1364. p. 375 ; and 5, 1335. No. 196.]
181. Council of Trade and Plantations to the Lords Com-
missioners of the Treasury. Enclose accounts of office expenses
from Christmas to Lady Day. There is six months' salary due
to this Commission and three months to the Secretary and under
officers, etc. Accounts, certified, annexed. [C.O. 389, 37. pp.
120-122.]
AMERICA AND WEST INDIES.
1716.
May 31. 182. Wm. Wood to the Council of Trade and Plantations.
Cockpitt, Encloses following, which wee have given to Mr. Secretary
Stanhope, etc. These papers are lodged at your office to evidence
at all times that many the most considerable gentlemen of
Jamaica were not advised with nor consenting to what has been
so lately resolved upon in respect to the Governmt. of that Island,
but opposed the same to the utmost of their power. I am further
in the names of the planters, merchants and traders of Jamaica,
to desire your Lordships' instances with Mr. Secretary Stanhope
for staying the orders expedited on the affairs of Jamaica from
going till an examination of those affairs he had before your
Lordships, and upon assurance thereof, such representation as
was yesterday mentioned at your Board shall be immediately
laid before yr. Lordships, etc. Signed, Wm. Wood. Endorsed,
Reed. Read 31st May, 1716. 2 pp. Enclosed,
182. i. Petition of the planters and merchants of Jamaica
now in England to the King. The complaints against
Governor Lord A. Hamilton are not well founded, but
carried on by persons of small credit in Jamaica, etc.
Under his administration the inhabitants have been
very easy and secure. The Governor has always acted
in pursuance of H.M. Instructions. If these complaints
be examined, petitioners believe that your Majesty
will not recall the said Governor, at least not intrust any
powers with persons who we justly apprehend will
involve the innocent with the guilty, and may be
destructive of the Island. Or, if your Majesty remove
Lord Archibald, petitioners pray that some person of
honour, ability and integrity may be sent immediately
to succeed him. 1 p.
182. ii. Petition of planters, merchants and others concerned
in Jamaica to the King. Apprehensive that the great
alterations about to be made, on suggestions unknown
to most people here, may affect our properties and be
detrimental to H.M. service, pray to be heard upon the
present state of the Island, f p. [C.O. 137, 11. Nos.
19, 19 i., ii.]
May 31. 183. Mr. Popple to Mr. Burchett. In reply to May 24th,
Whitehall, transmits following.
183. i. Heads of Enquiry for the Commodore of the Newfound-
land Convoy. In the usual form, with alterations :
Head of Enquiry No. 32. What is the present state of the
French trade upon the Bank and Coasts of Canada and
Cape Breton, the number of their ships, boats, burthen,
men, strength etc. ? Additional Instructions : You are
to take the most effectual methods for remedying the
irregularitys complained of, especially those committed
by the New England masters and traders (cf. March 2 ) . As
most of the disputes wch. happen 'd between the Fishing
ships and the inhabitants are in relation to the stages,
cook rooms, etc., you are to take care that the fishing
100 COLONIAL PAPERS.
1716.
Admirals, masters of fishing ships and inhabitants in
ev'ry harbour be summon'd to meet together, and upon
a survey of the stages, cook-rooms, beeches etc., to
ascertain under their hands, what part thereof belongs
to the public uses of the fishing ships, and what part to
any other persons, according to the Act of the 10th
and llth K. William ; and you are to transmit draughts
of the sd. surveys to the Lords Commissioners for Trade
and Plantations in order to the establishing a rule for
determining the rights of the fishermen and planters
for the future. And whereas it has been represented,
that the want of a proper person to maintain order in
the winter, is another occasion of great abuses ; that
season being a sort of respite from all observance of
Law and Government ; to remedy which mischief it
has been propos'd that proper persons be appointed
to be judges of the harbours to decide all differences
in the winter during the absence of the Commodore
and Fishing Admirals you are to cause inquiry to be
made in the sevl. harbours, whether there be any of the
inhabitants there proper to be trusted with such a
power ; and to transmit to the Lords Commissioners
for Trade, the names of such inhabitants so qualify'd.
It having been further represented, that sevl. of the
French, who remain at St. Peters, Placentia etc., bring
yearly not only their fishing tackle, but servants,
fishermen and all sorts of goods from France, which
they sell their to the prejudice of our trade from hence,
and when the fishing season is over, return to France
again : And whereas this practice is not warranted by
the late Treatys with France ; you are to inquire into
the truth of the fact, and if it appear to be so as repre-
sented, you are to take especial care to prevent it by
putting in execution the Acts of Trade and Navigation,
and that relating to the Newfoundland Fishery. By the
sd. Treatys with France, the French are not allow'd to
erect any buildings besides stages made of boards and
huts necessary for drying fish, neither is there any
liberty given them to leave their boats at Petit Nore all
winter. You are therefore to cause enquiry to be made
whether the St. Malo men do assume to themselves such
a liberty and to give an acct. of such information, as
you shall receive to the Lords Commissrs. for Trade.
You are further to inform yourself, whether any of the
French from Cape Breton or elsewhere come in the
winter to hunt and fur at Newfoundland. And
whether any of the officers at the garrison at Placentia
are concern'd directly or indirectly by themselves or
others in the Fishery, or whether they take upon them
to dispose of fishing rooms, beeches, stages etc. to any
persons whatsoever, or hire out the soldiers to fish, etc,
[C.O. 195, 6. pp. 269-289.]
AMERICA AND WEST INDIES.
101
1716.
May 16.
Whitehall.
May 16.
Whitehall.
June 1.
Whitehall.
184. Mr. Secretary Stanhope to Lt. Governor Moody. H.M.
having thought fit to direct the same quantity of provisions for
the use of the garison of Placentia as was sent last year, I am to
acquaint you that it was not possible to make a just computation
what provisions might be necessary, and to what time the pro-
visions now sent may subsist the garison and that for want of
regular accounts from you of what provisions were in store when
the last were sent, and therefore to prevent this inconvenience
for the future, you will take care as soon as these provisions arrive
to transmit a particular accot. of what provisions are in store,
and the most exact computation you can make how far the
provisions now sent, with those in store, will subsist the garison
according to the number of effectives, of which you are to send
over muster-rolls signed, and in regard that the Agent of that
garison complains that the accounts of it are in the utmost
confusion, in order to the bringing them into some method, you
are to transmit a list of all the Bills drawn on the accot. of pro-
visions etc. for the respective Companys of that garison since
the first establishment thereof, and how the same are to be
charged, distinguishing the respective years. Signed, James
Stanhope. [C.O. 5, 190. pp. 338, 339.]
185. Same to Lt. Governor Caulfield. To same effect as
preceding with regard to the garison of Annapolis Royal. [C.O.
5, 190. p. 339.]
186. Council of Trade and Plantations to Lt. Governor
Spotswood. We have lately had under consideration your letters
of 2nd June, 17th Aug., 14th Sept., 16th Nov. and 29th Dec., 1713,
and of 29th March and 25th Oct., 1714, to the late Board. We
have also receiv'd and read your letters of 1st Dec., 1714, 27th
Jan., 28th March, 4th June, 15th July, 9th Aug., 24th Oct., 1715,
and 16th Feb., 17jf. As 'the greatest part of the business in
those letters is over, we shall be but short in our present answer ;
however, there are some things we must take notice of and
particularly what you write in your letter of 2nd June, 1713, about
holding the Courts of Oyer and Terminer and the constituting
the Judges thereof. We concur with the Council that there is
no need to hold such Courts when there are no criminals to be
tried ; but we do not see what reason they have to insist upon
being the sole Judges of such Courts ; for H.M. Commission
impowers you to appoint judges etc. so that you are at liberty
to appoint such persons as occasion shall require. You say
indeed that the general Court has hitherto been the only stated
Court that has had cognizance of life and member and that the
Council are constituted Judges thereof. If they are so constituted
by Act of Assembly it alters the case, yet even then we do not
see why you may not by vertue of H.M. Commission and Instruc-
tions appoint a particular Court of Oyer and Terminer, and
constitute the Judges thereof, unless it be otherways directed as
aforesaid by Act of Assembly. But there is one assertion of
theirs wherein they are mistaken, and that is that gentlemen
102 COLONIAL PAPERS.
1716.
in England are never added to the Judge's Commissions of Oyer
and Terminer, but in the circuits ; for it is frequently done here.
As to what you write about the Tobacco trade in the same letter
and about the quit-rents in your letters of 1st Dec., 1714, and 4th
June, 1715, you will see by our report of 2nd Sept. last (a copy
whereof is here inclos'd) what we have offer'd to H.M. upon those
heads. We have considered the Act for seating and planting
of lands and have laid the same before H.M. for his Royal appro-
bation ; as to the other Acts, we have them under consideration,
and shall lay such of them before H.M. as shall be necessary.
We need say nothing to you upon the subject of Councillors, that
matter having been determin'd by H.M. Instructions. We do
not clearly understand your reasons why the Councillors may not
act in two capacitys, that is as Councillors and as the upper House
of the General Assembly, since it may so happen that some things
may pass in that branch of the Legislature of which they are
members, which when they come to reconsider as Councillors
they may advise to be rejected, in which we do not at present
see any inconsistency, but if this is liable to be attended with
ill consequences as you seem to say, we shall be ready upon
your further explaining the same to us to alter our opinion.
You are very much to be commended for your care in preventing
illegal trade with the French, and we doubt not but you will
think it not only your duty but interest to be very diligent
in seeing the Acts of Trade and Navigation duly put in execution.
Your endeavours towards the education of the Indian children is
also very commendable and we shall be glad to hear from time to
time of the progress made therein. As we think it will be of publick
service that you give the said Indians all the encouragemt. and
good usage possible ; we cannot agree with you in opinion that
out Friend Indians should be prohibited coming near the Brittish
settlements, for we knqw by experience that the French living
amongst the Indians and intermarrying with them has been
one great reason of the Canada and Eastern Indians adhering
so steadily to the interest of the French. As to a supply of arms
you will have seen by our Secry's. letter of 22nd Sept. last what
we did upon your desire etc. And upon this occasion we must
approve your care in assisting your neighbours of Carolina who
tho a Proprietary Government are nevertheless H.M. subjects.
We have consider'd your speech mention'd Oct. 24th, and think
it necessary to give you our opinion upon it, that tho the
Assembly was compos'd of mean ignorant people, and tho
they did not comply with what you might reasonably expect
from them, yet we are apprehensive that such a speech, so full of
sharp expressions may not only incense them but even their
electors to such a degree as may require a considerable time before
the people are brought to temper again. However, we hope
that by your prudent management no future Assemblies will
deserve such a reprimand. We have under consideration the
proposal you sent us, Feb. 16th last, for determining the bounds
etc., upon which we can only observe that it is impossible for
us to know whether the bounds as laid down in that paper are
AMERICA AND WEST INDIES. 103
1716.
right or not, for that is a matter that can only be determin'd by
the Comrs. on both sides on the spot. However, after we have
consider'd it further and communicated it to the Lords Proprietors
of Carolina, we shall lay it before H.M. and give you an account
of H.M. pleasure thereupon. [C.O. 5, 1364. pp. 376-381 ; and
5, 1335. No. 197.]
June 1. 187. Council of Trade and Plantations to Peter Heywood,
Whitehal. Commander in Chief of Jamaica. Upon occasion of H.M.
recalling the Lord Archibald Hamilton from the Government of
Jamaica, and appointing you Commander in Chief of that Island,
we have thought it necessary to send you the inclos'd extracts of
two of our letters to his Lordship for your information and
guidance in what may be expected from you. We cannot omit
earnestly desiring you to promote and recommend unanimity in
all your public proceedings for H.M. service, the safety, wellfare
and good of the Island, and that you'll do your utmost to prevent
all heats and animosities, so destructive to justice and the public
service. The preservation of the peace and safety of Jamaica,
is of such consequence, that we hope the Assembly will maturely
consider of it with the present circumstance of that Island, in
regard to the growing power of the French and Spaniards and
the weak condition of your own militia ; so that it may be needless
for us any more to recommend the taking care of providing the
additional subsistance necessary for H.M. Forces there, till the
Island shall be better strengthen'd by white people, and that H.M.
shall be pleas'd otherwise to dispose of the said troops. We wou'd
likewise hope' it unnecessary, tho' we desire you as you see
occasion to assure them of our readiness to second whatever
may be offer'd by the gentlemen of Jamaica, that may promote
their true interest and H.M. service. [C.O. 138, 14. pp. 430-432.]
June 2. 1 88. Mr. Burchett to Mr. Popple. Returns packet for the
Admty. Office. Governor of Jamaica, the Adventure having sailed, etc. Signed,
J. Burchett. Endorsed, Reed. 4th, Read 5th June, 1716. 1 p.
[C.O. 194, 6. No. 16 ; and 195, 6. p. 290.]
June 2. 189. H.M. Warrant appointing Edmond Kelly Attorney
St. James's. General of Jamaica in reversion from and after the determination
of William Broderick. Copy. 1^ pp. Enclosed,
189. i. The King's instructions to Mr. Secretary Stanhope
to prepare above warrant. Copy. p. [C.O. 137,
46. Nos. 18, 18 i.]
June 4. 1 90. Mr. Carkesse to Mr. Popple. The Commissrs. of the
Custom ho., Customs desire to know whether the French part of St. Christo-
London. ph ers nas been granted away by the Crown, and, if so, the reserved
rent thereof, etc. Also if the Governour of Berbuda, an Island
belonging to Coll. Coddrington, has been approved by H.M. etc.
Signed, Cha. Carkesse. Endorsed, Reed. 4th, Read 5th June,
1716. Addressed. I p. [0.0.152,11. No. 4 ; and 153, 12. p.
395.]
104
COLONIAL PAPERS.
1716.
June 5. 1 91 . H.M. Warrant granting John Cornelius, Naval Officer of
St. James's. Barbados, leave of absence for two years, etc. Countersigned,
James Stanhope. [(7.0. 5, 190. pp. 350, 351.]
June 6. 192. Governor Hunter to the Council of Trade and Planta-
New York, tions. Abstract. His hopes of an improvement in the Assembly of
New Jersey were justified. The conduct of Mr. Speaker Cox has
opened the eyes of the country. He has fled with many of his
crew to Bristol in Pennsylvania, where the sculking disaffected
few with the Rev. Talbot at their head meet him, but their power
has dwindled. Mr. Sharpe having been elected and so cast the
balance on the right side, Mr. Cox dispaired of carrying any
point in the Assembly and absented himself together with all those
whom he could persuade to follow him. The remaining members
met, but being only twelve, were unwilling to act as a house
without a majority. After several adjournments, they addressed
the Governor to oblige the absent members to attend, who sent
orders to them by the Sergeant at arms. Some obeyed, and when
they were sufficient to act as a house, being fifteen, they chose
a new Speaker and sent their Serjeant at arms for their absent
members. Being informed that none were to be found but that
most of them had fled to Pennsylvania, they expelled them
and ordered writs for new elections in their place. They then
drew up enclosed addresses etc. If, as he hopes, he has got rid
of Talbot, the rest will return upon their knees to their duty,
and the Province be as easy and happy in a little time as this.
The Assembly of New York met yesterday. His speech to them
(enc. No. iv.) did them no more than justice, for real joy appears
almost in every face for H.M. success over his enemies. Promises
himself nothing but what is dutiful and fair in this sessions.
Has transmitted to Mr. Champante enclosed address to the
King, etc. Signed, Ro. Hunter. Endorsed, Reed. 30th July,
1716, Read 26th Nov., 1717. 2 pp. Printed, N. J. Archives,
1st Ser. IV. 255. Enclosed,
192. i. Governor Hunter's speech to the Assembly of New
Jersey, 19th May, 1716, requiring them to take the usual
methods to oblige their fellow members to attend.
Signed and endorsed as preceding. Copy. %p. Printed,
N.J. Archives 1st Ser. IV. 249.
192. ii. Address of the Council and Assembly of New Jersey
to the King. Perth Amboy, 25th May, 1716. Welcome
H.M. accession as a deliverance from the dangers which
threatened their civil and religious liberties. Same
endorsement. 2 pp. Printed, N.J. Archives, 1st Ser.
II. 253.
192. iii. Address of Assembly of New Jersey to Governor
Hunter. Your administration has been a continued
series of justice and moderation. Will make returns
by providing a handsome support for the Government,
The late Speaker by his last action shows that his
study has been to disturb the quiet of the Province and
act in contempt of the laws etc. Signed, by order of the
AMERICA AND WEST INDIES. 105
1716.
House, Will. Bradford, Clk., Perth Amboy, 23rd May,
1716. Same endorsement. \p. Printed, N.J. Archives,
1st Ser. II. 250.
192. iv. Governor Hunter's speech to the Assembly of New
York, 5th June, 1716. We have reason to rejoice over
H.M. success against the desperate attempts of his
unnatural subjects and the Popish Pretender. H.M.
has not a Province where fewer look a Squint on his
rightful title etc. The late insidious treaties of peace
and commerce, left it too much in the power of our
enemies to annoy us on this side. The vast preparations
in France for settlements behind you along the Messasipi,
with the neighbourhood of a very considerable garrison
and sea port at Cape Breton, I hope will be sufficient
to induce you to put yourselves into a better state of
defence against the evil day to come etc. Recommends
strengthening of this fort and that at Albany, which
is next to none at all, now that the burdensome expence
of the fruitless expeditions is in a great measure over,
and the subject here is less loaded with taxes than any
of their neighbours. Hopes for augmentation of the
troops here, the Lords of Trade having seconded his
representations. Recommends payment of the publick
debts etc. Signed, Ro. Hunter. Endorsed, Reed.
30th July,' 1716, Read 26th Nov., 1717. Printed by
William Bradford in the city of New York, 1716. 2 pp.
192. v. Address of the Council and General Assembly of
New York to the King. Give thanks to Heaven for the
suppression of the rebels who unnaturally attempted
to dethrone the best of Princes and destroy the best of
Constitutions etc. Signed, A. D. Peyster and 7 other
Councillors, and W. Nichol, Speaker and 17 other
Assemblymen. Some signatures torn off. Endorsed as
preceding. 1 p. [C.O. 5, 971. Nos. 23, 23 i.-iii.
(without enclosures iv., v.) ; and (enclosures iv., v. only) 5,
1051. Nos. 39 i., ii. ; and (without enclosures) 5, 995.
pp. 356-360.]
June 7. 1 93. Mr. Burchett to Mr. Popple. Returns pacquet for
Admlty. Office. ]\ r Haywood, the Adventure having sailed before it came to
hand, etc. Signed, J. Burchett. Endorsed, Reed. 7th, Read 8th
June, 1716. Addressed. 1 p. [C.O. 137, 11. No. 21 ; and 138,
14. p. 433.]
June 8. 1 94. Mr. Popple to Mr. Burchett. The Council of Trade and
Whitehal. Plantations desire that the pacquet mentioned in preceding
may be sent by a merchant ship. A duplicate whereof may go
with any sloop or small frigate of H.M., when any such shall sail
to that Island. [C.O. 138, 14. p. 434.]
June 8. 1 95. Governor Hunter to Mr. Popple. Mine to the Board will
N. York, inform you that Cox and his pitifull crew are defeated and fled,
106
COLONIAL PAPERS.
1716.
June 8.
N. York.
June 8.
Whitehall.
June 8.
Whitehall.
June 8.
Whitehall.
June 9.
he holds Councils in Pensilvania, at the last it was resolv'd that he
and Talbot should go over, and apply to the house of Commons
since they cannot prevaile with the King, the Minrs. or the Lords
ha ha ha. I doubt he will not go after all but get in his subscrip-
tion money and remaine at Philadelphia where I hear he has
taken a house. Do not forget me nor my Palatine dames.
I now believe that I shall live to thank you, etc. Signed, Ro.
Hunter. Endorsed, Reed. 30th July, 1716, Read 27th Nov.,
1717. Holograph. 1| pp. Enclosed,
195. i. Indictment of Thomas Gordon, Attorney General of
New Jersey, presented by the Grand Jury of Burlington,
for declaring the Act of Parliament, 1st George," for
making perpetual the Act of affirmation etc. (v. April 30),
to be " no better than a ballard " etc. Endorsed as
preceding. 1| pp. [C.O. 5, 971. Nos. 25, 25 i. ; and
(without enclosure) 5, 995. p. 363.]
196. Governor Hunter to Mr. Popple. Encloses Minutes of
Council of the Jerseys, etc. Signed, Ro. Hunter. Endorsed,
Reed. 30th July, 1716, Read 27th Nov., 1717. Holograph. 1 p.
[C.O. 5, 971. No. 26 ; and 5, 995. p. 364.]
197. Mr. Popple to Mr. Carkesse. Reply to 4th June. Two
representations containing proposals for the better settlement of
St. Christophers were transmitted by the Council of Trade and
Plantations to Mr. Secretary Stanhope the 3rd and 4th May, 1715,
but they have not yet receiv'd H.M. pleasure thereupon. In
relation to Barbouda, their Lordships do not know that any
Lieut. Govr. has ever beenpropos'd to the Crown for approbation.
[C.O. 153, 12. p. 396.]
198. Same to Tho. Frankland, Clerk of the Delivery of
Ordnance. The Council of Trade and Plantations desire to know
what arms and ordnance stores have been sent from the Office of
Ordnance to the Leeward Islands, if any, since 1702. [C.O. 153,
12. p. 397.]
199. Same to Sir E. Northey. The Council of Trade and
Plantations being now preparing Instructions for Col. Shute, for
the Governments of the Massachusets Bay and New Hampshire
send you the inclosed copy of a clause relating to the taking and
administring of baths, etc. in lieu of the clause (4) which was
given before, for your opinion whether the same do answer the
intent of the several Acts of Parliament now in force, etc.
Annexed,
199. i. Copy of clause (a) proposed ut supra.
199. ii. Copy of clause (b) in Col. Burges' instructions (v. July
18). [C.O. 5, 914. pp. 369-371.]
200. Mr. Attorney General to the Council of Trade and
Plantations. Reply to preceding. The Commissions are passed
according to clause B. wch. I think is right for although the
AMERICA AND WEST INDIES.
107
1716.
June 9.
Whitehall.
June 11.
June 12.
Jamaica.
Abjuration oath is altered by the Act of ye 1st of ye King yet the
other oathes are not thereby altered and therefore it will be proper
to mencion ym. as in clause B. wch. clause I am of opinion will
be proper to be continued. Signed, Edw. Northey. Endorsed,
Reed, llth, Read 14th June, 1716. 2% pp. [C.O. 5, 866. No.
78 ; and 5, 914. p. 372.]
201 . Mr. Secretary Stanhope to Governor Haywood. Since
my last to you, by which I convey'd to you H.M. Commission
and Instructions, H.M. has thought fit to sign the additional ones
herewith enclos'd, by which you will see, that what relates in the
former Instructions to the effects either of the Governor, or of
any other person who shall be seized and sent hither, is restricted
to the taking an account of their effects, and in whose hands they
are, and not to go farther, and you are to regulate yourself
accordingly. I am further, by H.M. orders, to acquaint you,
that what is meant of the other persons besides the Governor to
be seiz'd and sent hither for the unjustifiable practices mention'd
in your Instructions, is only of persons who have been guilty of
these practices at sea, and who by the law may be tryed here ; for
as to such who have been accessory to them at land, they can
only be tryed upon the place except the Governor. Signed,
James Stanhope. Annexed,
201. i. H.M. Additional Instructions to Governor Haywood.
St. James's, June 5th, 1716. We having had [Our
Instructions, May 28th] further under our consideration,
have thought fit hereby to direct you to pursue them
in so far as relates to the persons either of the late
Governor if he has been concern 'd in these injustifiable
practices or any of the other who have been guilty of
the abuses mentioned, by seizing them and sending
them hither by the first opportunity with such evidence
as shall be proper for convicting them according to law,
but you are to take notice, notwithstanding anything
contained in our former Instructions, that you are not
to seize the effects either of ye Governor or of any other
person who are to be sent hither as criminals, but you
are only to take an accot. of their effects and in whose
hands they are, that in case they shall be found guilty
according to law, it may be known where their effects
are to be found. Signed, G. R. Copy. [C.O. 5, 190.
pp. 347-349.]
202. Receipt of Tho. Johnson for 20 reed, from Capt.
William Murrey on account of the transportation of Mr. John
Porteus to Virginia or Carolina, in order to serve John Lord
Carteret the term of 7 years (v. June 13). Signed, pr. Tho.
Johnson. Copy. [C.O. 5, 290. p. 97.]
203. Governor Lord A. Hamilton to the Council of Trade and
Plantations. Refers to enclosures. We heartily wish we could
have been earlyer with these assurances of our duty ; but our
10& COLONIAL PAPERS.
1716.
distance from one another, my own indisposition after two such
fatiguing and unsuccessfull sessions of Assembly with some other
intervening accidents has made the delay unavoidable ; however
we hope for the honour of your Lopps.' countenance to these
Addresses. Herewith comes likewise duplicates of the three
Acts past the last Assembly, as also copys of the Bills mention 'd
in the Representation of the Council, by which your Lopps. will
better judge of the views of the Assembly in those Bills, and of the
amendments of the Council disagreed to by the other. I have
allready acquainted your Lopps. with the unhappy conclusion
of that Assembly, and with the expedient made use of for the
immediate support of H.M. Government, which I begin to find
will sooner fail me then I expected by reason of the difficultys
and delays the recovery of the outstanding debts upon that
Additional Duty fund are like to meet with. The Representation
and Memoriall of the Council are so full and put the affairs of
this Island in so true and cleare lights that little room is left me
to add thereto. Your Lopps. will observe in the Memoriall
what methods are humbly offer'd for the support of H.M.
Government and better peopleing this Colony, in which I intirely
agree with the Council, could I have any dependance upon a
new Assembly or be of opinion that they might be brought into
such an Act as is there proposed, but I think it my duty to acquaint
you, that I cannot after what I have lately seen, answer for the
success of it, tho' H.M. should even be prevail'd with to
recommend it. To such a hight of insolence and obstanacy are
some men arriv'd, so that there seems an absolute necessity that
an expedient be thought of. I am very unwilling myself to propose
any, which may be a discouragement to the whole Island, and
I'm sensible the makeing laws for them in Britain wou'd be
thought such by the Council, and the most sober and well disposed
men in the Island, and yet I can think of but one other expedient
in nature, and that is to impower the Governor and Council with
the inforceing such a law in case of an Assembly's refusing
to join in it. This was done before Assemblys were establish'd,
and may perhaps convince them best that Assemblys have their
being from H.M. Patent under the Broad Seal of Great Brittain,
and that it is extream vanity in them to assume all the priviledges
of a House of Commons. When you observe my Lords that the
Council have even blam'd me for too much lenity in my Govern-
ment, you will not believe I am aiming at power to gratify any
views, but such as are for H.M. service, and if this expedient may
meritt your consideration I wou'd humbly propose likewise
that the number of the Council might be augmented to 15, so
that 12 might be airways resident, and which indeed I conceive
whatever your determinations are to be of singular use and
service to the Island, towards retrieving a just ballance of power
and interest in it, and if this shall be thought proper, I presume
to recommend James Risbee, John Campbell, John Morant,
Joseph Hodges, George Mudd after those allready recommended
as men of good estates and clear characters, and by the most
impartiall judgements I can make in all respects best qualify'd
AMERICA AND WEST INDIES. 109
1716.
for that trust. In a former I acquainted you of the Assemblys
having presumed to raise money by a kind of ordinance which
was so warmly espoused in their House that I'm well inform 'd 1 100
pounds was subscrib'd by the members only, the writting sub-
scrib'd to, tho' twice formally read and sign'd in the House, they
have stifled in their Minutts, but I am well assured the same was
in the following words. " Whereas it must be adjudged necessary
and convenient not only for the getting such laws confirm'd
in Great Britain as shall be passed in this Island, but for the
solliciting and transacting of all such matters as shall tend to the
wellfare of the same that a sufficient sume of money should be
sent home for the ends and purposes aforesd. (no solliciting Bill
being now in force). We therefore whose names are underwritten
members of this present Assembly do for the carrying on of so
good and necessary a work voluntarily and chearfully subscribe
the severall sumes following, which we promise to pay in respec-
tively at demand into such hands as the majority of the subscribers
shall think fitt to order the same, hence to be remitted to the
Kingdom of Great Britain into the hands of Sr. Gilbert Heathcote,
Knt., or any other person or persons to be by him or them apply'd
for the ends and purposes aforesaid." Subscriptions of this
kind have been with great zeal and industry sollicitted by some
of the late members all the country over ; what all the subscrip-
tions may amount to I know not but I'm well inform'd part of
the money raised is some time since remitted to one March a
principall agent of theirs. I am not able to accot. for this extra-
ordinary step otherwise then that it is made use off to delude the
ignorant people here out of their money to carry on private ends,
and reward their sollicitters at home against their Governors, but
I hope they will now be call'd upon to show the grounds they have
for complaints, and if they are found to be insufficient that
methods may be taken to oblige the collectors of this money to
accot. for it one way or other, that it may be restored or apply'd
to publick service, and to prevent so unwarrantable a practice
for the future, without which it will ever be impossible for H.M.
service to be carried on here. I am now to lay before you some
matters of a quite different nature which very essentially effect
this Colony, therefore must not be omitted. Since the cessation
of arms and the conclusion of the peace with Spain H.M. subjects
in these parts have contrary thereto been often robb'd and
plunder'd both by sea and land by Spaniards, and severall British
vessells, have been taken on the seas passing on their lawfull
occasions by Spanish vessells under colour of commissions for
guarding their coasts, and frequently by vessells having no com-
missions, for which no other pretence, has in some cases been
found, then that some few Spanish pistolls or inconsiderable
sums of coin'd silver of that nation (which is our court, money)
has been found on board, which they have pretended was
counterband goods, some vessells indeed have been seized on
their coast on suspition of trade, and have been detain'd and
keept without any proof of their having traded and without any
legall condemnation. Of all which I have made repeated instances
110 COLONIAL PAPERS.
1716.
and demands for restitution, to the respective Spanish Govern-
ments without being able in any one instance, to obtain the least
satisfaction to the partys aggriev'd, tho I had given an example of
that kind immediatly after the cessation by causeing exact
restitution to be made for goods of a considerable vallue taken
off Hispaniola the cessation being then even unknown to the
captors. These frequent losses and injurys sustain'd by our
merchts. and tradeing people, and our Navigation being rendered
extreamly dangerous, even beyond what it was in time of open
war ; H.M. ships and vessells which have been on this station
haveing not been sufficient, and indeed of little use for preventing
such insults, being restrain'd by their orders from cleaning
abroad, and thereby as well as by their bigness rendered unfitt
to goe after clean light and nimble vessells. And haveing been
frequently importuned by the clamours of our tradeing people,
I was prevail'd upon at last to grant commissions to some to arm
and cruize upon pirates and all necessary precautions were
taken to prevent any inconveniencys by such commissions but
the Spanish Flota hapening to be shipwreck't about the same
time two or three of these comission'd vessells and severall others
have gon thereon, which will be explained to you by the Minutts
of the Council herewith transmitted, and finding reason to believe
some ill uses had been made of these commissions I thought
proper to recall them by proclamation as likewise to prohibite
fishing or diveing on those wrecks, as will appear (Minutes of
Council page 214). One of these comission'd vessells has retaken
a sloop belonging to merchts. of this Island sometime since seiz'd
by the Spaniards with a considerable cargo, which not appearing
to have been condemn'd in any port belonging to the Spaniards
tho' it appears the vessell had been in severall since the first
capture she has been sent in as piratically taken by the Spaniards,
and condemn'd in the Court of Admiralty here with the Spanish
cargo, nobody appearing to claim or defend. I understand an
appeal is now intended. I shall take the best measures I possibly
can that justice may be done ; but my Lds. you will easily discern
the difficultys I labour under in an affaire of this nature, with
mutuall complaints and disorders ; on the one hand the Spaniards
have been the first aggressors and H.M. subjects in these parts
have long suffered many and great losses, on the other our
Buckaneers and seafareing people exasperate thereby and
tempted by the allurements of rich wrecks, have at length I'm
affraid, presum'd to make reprisalls. The most usefull strength
of this Island are our seafareing people ; rigorous prosecutions
will I doubt drive them all from us. And yet I conceive it indis-
pensably necessary that justice be done H.M. allys, and exemplary
punishment inflicted on notorious offenders ; in order to this some
have been try'd lately for robbing a Spanish boate in a remote
harbour of this Island, and one man was condemn'd to be hanged
for that robbery, but was from under the gibbett resqu'd by the
mobb at Port Royall. This riote together with an insolent
robbery committed on a vessell in Port Royall harbour seized
by the King's Officers, with their waiters aboard, and the goods
AMERICA AND WEST INDIES. Ill
1716.
by arm'd men carry 'd away in the night are such dareing attempts
that I thought it necessary with the advice of the Council to
issue out a Proclamation promissing a reward and pardon to the
discoverer. Strict examinations have likewise been taken, but
no discovery is yet made. The want at this time of the protection
of any of H.M. ships is an unlucky circumstance at this juncture
and doubtless gives incouragement to the frequent robberys and
disorders comitted at sea. Having now troubled your Lopps.
with so many and such volumanius papers, from which upon
the whole you will discern the necessity of speedy measures for
better peopleing the Island and for supporting the Governmt.
and authority of the Crown incroach'd upon by a part of the
Legislature exceeding their due and reasonable bounds strengthen-
ing themselves with pretences of publick good, and of their own
priviledges as the representatives of the people, a few designing
and malicious men imposeing and deludeing the Generality
so far infatuate as to seem insensible of their present danger,
and regardless of their future safety and true interest. These
disorders my Lords call for H.M. own interposition, and I shall
conclude with humbly intreating your Lopps.' favour in obtaining
such speedy and effectuall directions for the redress of them as the
necessity and circumstances of our affairs require. Signed, A.
Hamilton. Endorsed, Reed. 13th Augt., Read 5th Sept., 1716.
12| pp. Enclosed,
203. i. Memorial of the Council of Jamaica to the Council
of Trade and Plantations, 13th March, 17^. Refer
to former Representation etc. Continue : We humbly
offer it as our opinion that in order to redress the
unhappy state of our affairs here, two things which
H.M. has been pleas'd to recommd. are both absolutly
necessary to be comply 'd with, to wit, that an honourable
provision be made for H.M. Revenue ; and effectuall
measures taken for better peopling the Island. By an
honourable provision wee humbly conceive ought to be
understood a Revenue equall to the annuall charge of
the Government, the latter now exceeding the former
about 2000 per annum. This has been occationed in
great measure by the decrease of inhabitants, the
consumption decreasing and consequently the dutys
upon imposts ; and to this want of an annuall supply
to support what wee may call the Civill List, wee think
the weakness of the just authority of the Government
and the growth and power of party is cheifly to be
imputed. The charge of the Government wee compute
at 6000 and the Revenue at 4000 : besides which
there is near 3000 per annum wanting to provide an
additional subsistance for the two independant
Companys, so long as H.M. shall think fit to continue
them. My lords, wee think there are but two ways by
which this may be possibly remedy'd, either by lessening
the charge of the Government, or encreasing the
Revenue. As to the first, wee confess wee cannot see
112 COLONIAL PAPERS.
1716.
how the charge of the government can be materially
lessned, wee are sencible some among us have
projects of proposing this by desiring H.M. to appoint
a Lieut. Governour which has the appearance of saving
1250 pr. annum, even this is not sufficient, and will
still leave H.M. Government in the power of a party
to support or distress it, besides many advantages our
Governours have formerly made are taken away by that
beneficial Act for quieting possessions ; and their
perquisits are not so great in time of peace as in warr,
and wee therefore think it our greatest happiness and
best security at this distance that their sallary and
just advantages shou'd be such as may not subject
them to temptations, for which reasons wee cannot
think this a fit expedient, etc. The Additionall Duty
Bill as it was prepar'd this last session of the Assembly
with the amendments made by the Council wee humbly
offer to your Lordships' consideration as what wou'd
not only answer all the occations of the Government
but wou'd admit of about 2000 pr. annum to be laid
out in bringing over and setling inhabits., and this wee
humbly conceive to be the easiest and most equall
tax that can be laid upon the inhabitants, especially
considering the planters by the Acts of 1703 and 1712
for bringing over and providing for white people in
case they are put in execution are sufficiently taxt
already for their deficiencys. And wee humbly offer to
your Lordships' consideration in case you shou'd think
fit to recommend the passing such an Act, if it wou'd not
be more advisable that it be past for some few years,
etc., during which time Acts for the encrease of inhabit-
ants may take effect, and the divisions amongst us may
be heal'd or worn out. But in such case wee humbly
recommend to your Lordships, that you will be pleas 'd
to advise H.M. to give the Governour instructions not to
disuse or lay aside Assemblys but to direct the same to
be called every year and to allow them liberty to sit
and pass such laws as may be thought necessary for
the better regulating the affairs of the Island and that
they may have full and free liberty to inspect all publick
accts. and see the application of all publick mony and
represent the same to H.M. as they may find occation.
This is what wee cou'd heartily wish an Assembly cou'd
be prevailed upon to come into etc., but if they shou'd
not, we beg your Lordships to think of such expedients
as may be least exceptionable and admit of the least
delay, which our condition will not admit and wee are
perswaded from your Lordships' observations upon the
proceedings in this Island etc., that you will not advise
H.M. to leave the Government any longer to subsist pre-
cariously, etc. As to peopling the Island wee have
seriously consider'd all that H.M. had been pleased
AMERICA AND WEST INDIES. 113
1716.
to recommend as likewise what your Lordships have
wrote etc. Wee intirely agree that the Act for regulating
servants is too severe etc., but the same has rarely been
executed with strictness, and wee think it ought not to
be untill it may be repeal'd and a better regulation
substituted. Wee likewise agree with your Lordships
that all possible indulgence ought to be given for the
encouragemt. of people to settle among us, and shall be
ready to give our consents to any such laws, in the
mean time wee are humbly of opinion that the Acts in
force for the encouragement of bringing them over
ought to be put in execution and have great hopes
that a considerable number of inhabitants may be
acquired thereby. Your Lordships will find that one
of the Acts you have taken notice of, 25th Aprill, for
encouraging the importation of white servants is repeal'd
by a clause in an Act to encourage the importation of
white men, which last wee think to be a good law. By
this Act every planter is obliged to keep one white man
for his first 10 negroes young and old, and two for the
first 20, and one for every 20 after the first and in the
like manner for the first 60 head of cattle horses etc.,
one white man and one for every 100 after the first 60 :
the passags. of these men are required to be paid by the
Receiver Generall and are to be plac't upon the planters
according to such deficiencys, and they are oblidg'd to
reimburse the Receiver Generall for them again who is
to apply that mony towards paying the passages of
others, so that this is a perpetual fund and only wants
a sum of mony to enable the Receiver Generall to make
the first disbursemts. for which 500 was appropriated
by that Act but little as it was we don't find it was
ever apply'd ; by the proportion of white men to black
at this time wee compute at least 2000 men might be
provided for by this deficiency. By the same Act
every boat wherry or canno is required to keep a white
man or forfeit 40s. pr. month which wou'd be a provision
for at least 200 men more. And by another Act past
in 1712 to encourage white men to come and settle etc.
there is a further provision made by obliging vessells
trading about the Island, hackney coaches and waines
to employ white people, so that wee cannot think there
is altogether so great want of laws etc. as of a virtuous
and strict execution of these laws and of others to
establish and fix them here as inhabitts. by providing
a good and comfortable prospect of living for servants
when their time is expired, either in the planting interest
or in trades. Indeed what seems most defective in
these laws is that there is no provision for the encourage-
ment of women which defect we hope may be remedy 'd
hereafter. Wee intirely agree with your Ldshps. in
the encouragement you propose of granting small
Wt. 26355. C.P. 8.
COLONIAL PAPERS.
1716.
parcells of land to new comers to settle and are of
opinion with those gentlemen who sign'd a memorial to
your Lordships that a reasonable tax upon uncultivated
land of which there are great quantitys wou'd be the
best means to induce the present proprietors to cultivate
or sell the same and untill such purchases can be made
to those uses have made our humble application to the
Governour to grant no more warrants for pattenting
any land which now remaines in H.M. to persons who
are already possest of large tracts, but to reserve the
same for the purposes aforesaid, however when such
grants come to be made wee humbly conceive there -ought
at the same time to be a fund provided to give credit
to such new setlers for a slave or two for six months
provision at least and for propper tools. To begin such
a settlement without which help it will be almost
impossible for them to have any benefit by such grants,
especially considering the lands so to be granted will
lye mostly in uninhabited parts of the Island very
distant from any markets, and if such credt. was given
them without interest and the publick to be paid out
of the produce of the land granted and such new settlers
were at the same time exempted from all taxes and
all dutys civill and military (except only in cases of
insurrection or invasion) for the first three years wee
think this wou'd be an encouragemt. equall to any
given at Hispaniola where they are abundantly increased
of late and woud be sufficient to augment the number
of provision plantations and small settlements in which
and not in great plantations the strength of the planting
interest with respect to numbers of white people must
consist. And if this encouragement or a suitable
prospect in trade or handycrafts was to be the reward
of every servt. after three or four years service, wee are
apt to beleiv it would not only render such service much
more agreable, but that a larger improvemt. would be
made by servants provided for in the manner above
untill they were season'd to the country and understood
the nature of planting, than by persons free at their
arrivall for whom no other provision was made than
such a grant of land, at the same time wee are not
against your Lordships' method of freeing them at
their arrivall either with such helps as are necessary or
as soon as there can be any expectation of their being
able to provide for themselves. And wee are humbly of
opinion that all such purchases and grants will be best
made by the Crowne with such clauses and restrictions
as your Lordships shall think proper to recommend.
Wee likewise agree with your Lordships with respect to
trades and humbly conceive the most effectual means of
putting an end to negroe tradesmen wou'd be by a
register to be taken of all that now are or have been for
AMERICA AND WEST INDIES. 115
1716.
a year last past brought up to any trade and to tollerate
such and suffer them to dye away providg. under
severe penaltys that no slave for the future be brought
up or employ'd in them either in plantn. or in the townes
with such exceptions only as to master workmen ; as
may be thought reasonable. This wee think most likely
to be effected by a saving to the present Proprietors
which wee conceive to be most reasonable, because many
persons and some widdows and orphans have now
their whole subsistance from such slaves, and as these
wear out white men wou'd by degrees as wee get them
come into all trades, and have a prospect in time of
being only employ'd in them. And as great numbers of
H.M. subjects have of late been seduc't by the enemies
of our constitution and engaged in an unnatural
rebellion, to many of whom H.M. in his princely
clemency may be pleas 'd to extend his mercy but at the
same time think fit to order their transportation,
wee presume humbly to propose, yt. so many of such
persons may be immediatly sent hither as H.M. shall
think fit, who may be provided for by the Acts now in
force, only that wee must beg your Lordships to interceed
in our behalf that their passages may be paid by H.M.,
untill by such methods as your Lordships shall advise
H.M. Revenue shall be put into a condition to pay the
debts of the government and defray such other charges,
etc. The maxim upon which wee would people the
Island and in which wee have the misfortune to be
overpower 'd by numbers, is to indulge and cherish
new-comers and small settlements and to throw the
burthen chiefly on those who are best able to bear it,
which however wee conceive wou'd be made up to them
by raising the vallue of estates in proportion as it renders
them more secure. Signed, Fra. Rose, John Stewart,
John Peekee, Valentine Mumbee, Rd. Rigby, Tho.
Bernard, James Archbould, John Sadler. Endorsed as
preceding. 8f pp.
203. ii. Representation of the Council of Jamaica to the
Council of Trade and Plantations. March 13, 17-Jjj-.
Wee having to our great concern seen H.M. particular
recommendations to this colony prove ineffectuall ; and
that no supplys have been given for the support of his
government, nor any measures taken for increasing
our people, think it highly incumbent upon us to lay
before your Lordships the substance and the reason of
our proceedings in the late generall Assembly, etc.
The Governor's speech was little more than a com-
munication of H.M. letter etc. But wee soon perceived
the same disposition prevail which had unhappily
divided us for some years past, the Assembly kept their
inclination to address separately, and wee being unable
to agree with them in their resentments, and unwilling
116 COLONIAL PAPERS.
1716.
to run the risque of any fresh difference with them upon
that head, join'd with the Governour in a separate
Address etc. Their Address the Assembly ordered to be
transmitted by their Speaker without any application
to the Governour and as a further disrespect to him
instead of addressing him in answer to his speech, as
had always been practic'd by former Assembly s, they
only sent him a message by two of their members
to acquaint him with their resolutions, etc. As to their
resolution that if the whole Regiment had been dis-
banded it would have been of more service to it, etc.
wee were very much surpriz'd, since very few of those
who were broke with the Regimt. have remain'd
amongst us, etc. Whilst the Assembly were taking
such resolutions as these which wee conceived but ill
presages of any good effects to the country ; we
appointed a Committee to draw up an estimate of H.M.
Revenue which had always been usuall for the Council
to do, and we found a ballance of 6148 12s. ld.
wanting to make good that estimate besides 2000 for
which wee had given credit by outstanding debts, so
that upon a ballance of cash H.M. Revenue was really
8000 in debt and wee desired the Governour to send
the same to the Assembly, etc. Wee then took into
consideration the trade of the Island and the state of
our currant mony, and being sencible there had for
some time been a clandestine trade carried on with the
French at Hispaniola chiefly by mony which was
so beneficiall to them that the Comte Blanac, Governour
of that Island had been heard to say that in a little
time he wou'd bring every ryall from Jamaica thither ;
this trade had been carried on as well by sloops as by
severall ships bound for Great Brittain who in their
passage home had used to touch there to purchase
indigo which not only drain'd us of our currt. coin, but
discouraged as well the manufacture of Great Brittain as
that of this Island, and was a means likewise to defraud
H.M. of his Customs upon the importation of foreign
goods, wee therefore prepared a Bill as near as cou'd be
to the 7th and 8th of K. Wm. to prevent the exportation
of gold and silver to all parts except Great Brittain, and
H.M. Colonys in America. But the Assembly made
such amendments to it as intirely defeated the intent
of our Bill which was thereby lost, and tho they after-
wards to save appearances in the country, past another
Bill to prevent all fraudulent trade to Hispaniola and
other foreign parts, to wch. wee consented being all
wee cou'd gett, yet were wee satisfy'd their Bill wou'd
neither answer the intent nor was it their real intention
to hinder the exportation of our coin since severall of
their leading members were at that very time concern 'd
in this trade. As you will observe many other bills
AMERICA AND WEST INDIES. 117
1716.
lost by means of amendments, wee have desired the
Governour to transmit to your Lordships, all the bills
that have been raised by either body during this
Assembly, with the amendments made by the other part
of the Legislature, that your Lordships may judge to
whom the loss of any beneficiall Acts is to be imputed.
The first bill wee received from them was a bill to explain
an Act relating to escheats, which wee rejected because
inconsistent with that so much desired Act for quieting
possessions, and would deprive the subject of much of
the benefit intended him by that Act, and render the
titles under escheat pattents so very precarious that
nobody wou'd venture to purchase them, and conse-
quently great quantitys of land must lye waste which
it was our business to get cultivated, and which the
Act for preventing of lawsuits was intended to encourage
etc. Wee can discover no other aim by this Bill than
to deprive the Governour of some accidentall perquisites.
If your Lordships shall be of opinion it were better to
sell escheats by outcry, tho' there may be some objections
to that method wee shall readily come into it. The
same morning the Assembly sent us up a Bill for
repealing an Act for the better securing the property of
orphans and creditors, and to oblige executors to give
security etc. By our adhering to our amendments, the Bill
miscarried. This Act which the Assembly wou'd have
repeal'd lyes now under your Lordships' consideration, and
wee think the great abuses committed here in executor -
ships makes such an Act absolutely necessary. As well
in the Bill to repeal this Act as in severall others, the
Assembly have recited great inconveniencys to have
hapned without being able to particularize any, however,
if wee cou'd have had that Act explain'd agreable to
our amendments, wee shou'd have prefer'd it, because
the security requir'd wou'd then have been ascertain'd,
and our Governours restrain 'd from granting the
administration with the will annext otherwise than the
law directs ; if your Lordships approve such an explan-
ation, and be pleas'd to recomd. it, wee shall readily
agree to it, in the mean time wee hope your Lordships
will recommend that before you for H.M. approbation.
The next bill wee received was for granting further releif
in relation to proving wills etc., which appeared to us to be
intended to transfer the power of ordinary from the
Governour in whom H.M. had plac't it and to vest it in
the Secretary and the Grand Court and as wee conceived
it was not any ways likely to provide a speedy remedy
as the Assembly wou'd have been thought to intend
but rather have serv'd to multiply law-suits wee rejected
it. Soon after this they sent us another Bill for applying
900 for the soliciting the passing of laws etc., by which
we were oblidg'd to do the like, your Lordships will
118 COLONIAL PAPERS.
1716.
observe that in effect four of their own members were
to be intrusted with representing the affairs of this
Island etc., without the least privity of the Governour or
any one member of the Council ; which wee thought two
extensive a power to be lodg'd in persons who had
discover'd so much passion and resentment, but to
convince your Lordships that wee were not averse to a
soliciting bill consistent with H.M. honour and the trust
reposed in his Governour and Council, wee offer'd them
that if they wou'd pass such an one as might entrust a
gentleman of distinction in Great Brittain, disinterested
in this Island who might receive his instructions from
the Governour, Council and Assembly when sitting, and
when no Assembly from the Governour and Council,
to whom the Speaker might always be join'd and all the
instructions given in the intervall of Assemblys to be
laid before them at their next meeting ; wee cou'd
readily come into it ; this they did not think fit to accept
of, but chose rather to set on foot subscriptions in their
own house etc. ut supra., and have thereby rais'd a much
more considerable sum, etc. At length after a month's
sitting wee received a Mony Bill to oblige the inhabitants
to provide themselves with a sufficient number of white
people, etc. or pay certain sums, and another to encourage
the bringing over white people etc., which were blended
together in the nature of a tack, and upon these depended
our expectations of being able to comply with H.M.
most gracious letter, wee soon found how much wee
were likly to be disapointed. Your Lordships will best
judge what regard they have shewn to your letter and
the articles of H.M. Instructions sent to them by the
Governour relating to the peopling the Island, wch.
they never vouchsaf'd to enter upon their Minutes or
so much as to read in the House, etc. Wee hope your
Lordships will be of opinion these Bills were not fit to
be past without amendments. The most material of
those wee made to the first were to provide that the
mony raised shou'd be paid into the hands of H.M.
Receiver Generall and issued according to the directions
of H.M. Pattent and Instructions to the Governour, to
rectifye the partiall taxation of the King's Officers and
to provide as well for recruits sent from Europe as the
soldiers already enlisted ; and to the second wee made
the like amendments, as to the Receiver Generall ; wee
propos'd a better encouragmt. for people at their landing ;
and a better method for the purchasing lands and
conveying them to new setlers, and wee gave releif to
the Towne of Kingston who to the number of 150
persons petitioned us against a clause by which they
apprehended their towne wou'd be ruin'd and set
forth with reason that their greviance was the greater
because theirs only was effected by it. Compare the
AMERICA AND WEST INDIES. 119
1716.
bill with that of 1703 which gave greater encouragements
and would have been superceded by this. These bills
instead of peopling the Island wou'd probably have
drove away great numbers of our trading people or at
least (as some have thought the design was) to settle
at Port Roy all to avoid the tax, and instead of providing
for the Independant Companys in the manner H.M.
had been pleas 'd to recommend, were calculated in
effect to prevent their being recruited. The Assembly
refus'd us so much as a conference upon either, and as
to our amendments told us in a manner wee think too
insulting, that the only amendment they cou'd think of
admitting (if it was not against their rules) was instead
of a name to say the names. They began now to tell us
that wee must not only not amend mony bills but wee
must have no hand in providing for the peopling our
country ; it behoov'd us to shew wee had a right to
both, and wee desir'd the Governor to send them an
extract out of your Lordships' letter, April 25, 1715,
wherein you were pleas'd to declare it such, and the
Governour sent them down at the same time, extracts
out of H.M. Pattent, and instructions conformable to
which our amendments relating to the Receiver Generall
and to the issuing of publick mony were made. These
had so little effect upon the Assembly that they did not
think fit to read them in the House. However wee
thought it our interest as well as our duty to have more
regard to them since wee were convinc'd they had been
calculated for the benefit and advantage of the King's
subjects. It has been but within these very few years
that Assemblys have taken upon them to nominate
commissioners for the receipt of publick monys and
having bestow'd such commissions from time to time
on the favourites of different partys alternatively as
they prevail'd, the publick mony has been transfer'd
from one hand to another till some has been charg'd
with 9 some with 13 and some with 17 p.ct. commission
and upwards, of which wee laid a computation before
the Assembly and show'd them that the publick had
been charg'd with above 5000 for extraordinary
commission in a very few years ; more than wou'd
have been in ca.se the mony had been paid into the hands
of the Receiver Generall. Wee will not take upon
ourselves to give your Lordships the reasons why
Governours of late have suffer'd this practice to be
introduc'd, nor can wee tell whether these instructions
have been given to former Governours which has been
industriously given out by the partysans of the Assembly
and an argument drawn from thence that being old and
not having been regarded for some time past they were
not to be regarded now, etc. Your Lordships' declara-
tion of our right to amend money bills is agreable to
120 COLONIAL PAPERS.
1716.
the almost uninterupted practice of former Assembly s,
etc. On Dec. 27th wee received a bill to impose dutys
to defray the extraordinary charges of the Government etc.,
out of the fund to be rais'd by this Bill 3000 only was
apply'd to H.M. Revenue, and 2000 was indeed
again apply'd to the subsistance of the Company s for
the year ensuing ; but this was to be purchas'd by the
same and greater concessions than the bills wee had just
rejected. Mr. John Chaplin a favourit of the now
prevailing party, was appointed Commissioner into
whose hands as well the mony arising by this Act, as
about 7 or 8000 already raised by a former Act of this
kind, and now in the hands of Mr. Major ; was required
to be paid, and Mr. Chaplin was to have 7 p.c. commis-
sion upon the whole by this Bill. Mr. Major had
already received 4 p.c. upon what was in his hands ;
Messrs. Page and Welch Commissary s were to have 1\
p.c. upon 2000 to be transfer'd to them by Mr. Chaplin
for the account of the soldiers, and the Receiver Generall
5 p.c. upon 3000 transfer'd to the account of H.M.
Revenue whereas if all the publick mony raised was paid
into the hands of H.M. Receiver Generall, according
to H.M. Instructions, 2| p.c. wee think wou'd be a
sufficient allowance, and then the extraordinary
commission upon the mony raised and to arise by this
Bill amounts to 1340 which wou'd have been thereby
saved to the publick. By the Receiver Generall's
patent the receipt of all dutys upon imports is expressly
granted to him and which wee dont find to have ever
been alienated from that office till within these few
years, since the Assemblys have began their encroach-
ments, and this has occation'd a further extraordinary
charge to the Government by a double number of
waiters. And a double charge and trouble to traders
and sniping by oblidging ym. to enter in two offices
instead of one. Another encroachment the Assemblys
have made of late years upon the authority of the
Government has been by incerting clauses in their
Bills to issue mony, and particularly for gratifying the
officers attending them, who had always till of late been
rewarded by the Governmt. upon the recommendation
of the Assembly ; by this bill they have exceeded all
former precedents of their own and brought in a Chaplin
and his clerk for a share of publick mony, in order to
increase the number of their dependants, etc. In their
taxation of the King's Officers, this Assembly has varied
from all former and instead of laying their taxes accord-
ing to the precedents for many years past they have
taxt H.M. Attorney Generall whose office was never
taxt before, and have doubled the tax of some officers
and eas'd others according to their private inclinations
to the persons and without any examination into or
AMERICA AND WEST INDIES. 121
1716,
regard to the vallue of the office, this they have carried
to such a height that pattentees of offices in England
have been warn'd by the Agents of the Assembly (as
may reasonably be supposed from their acting agreable
to such warning) to advise their deputys here not to
espouse the cause they have done ; meaning the
Government's ; (In margin : Mr. Compere, the Receiver
Genii.) least their tax be increased for it. If such
method be pursued and tollerated wee submit to your
Lordships, who in effect must come to be Governours.
Wee have a further reason to offer against appointing
Commissioners for receipt of publick monys, since this
practice has been introduc'd and particular men have
been design'd to make advantages out of the publick,
generally twice the mony has been rais'd to what has
been apply 'd to any imediate occation so that the residue
has continued some years, at least as long as that party
has prevailed in the hands of the commissioner, this
has hapned in respect to the mony in Mr. Major's hands,
and wou'd in all likely hood have been the case if
those bills now rais'd by the Assembly had past, not
half the mony which they wou'd probably have rais'd
being appropriated to any imediate service. The
Assembly wou'd neither admit our right to amend or
confer ; and so this as the former came to nothing.
Hereupon wee sent them a proposall, desiring them for
the publick service and that no difference between us
might obstruct our compliance in some measure with
H.M. gracious letter ; that they wou'd pass a short bill
for applying the mony in Mr. Major's hands to the
present exigencies of the Government in such manner
as might not be contradictory to H.M. pattent and
instructions ; and to assure them that wee wou'd agree
to it ; and submit all other differences to H.M. deter-
mination etc. Wee received two other bills this session,
one to secure the freedom of elections etc., to which we
agreed with two amendments which wee cou'd hardly
imagine possible to be refus'd. One was to oblige
every voter if requir'd to take the oath to the
Government ; and the other, to oblidge them to
swear their freehold was of the vallue of 30
currt. mony, but the Assembly chose rather to
drop their bill than agree to the amendments.
Some of our reasons for the latter amendment were :
there has been a notorious practice by some of the leading
men of this Assembly ; and by the Messenger thereof
which wee suppose has been his merit for the extravagant
rewards they wou'd have given him, to create sham
freeholders to vote ; your Lordships will find severall
extraordinary instances of this nature upon our Journalls ;
and such as wee are apprehensive might even call in
question the legality of the Assemblys so chosen. By
122 COLONIAL PAPERS.
1716.
the same unwarrantable practice, a Governour might
at any time pattent out the barren rocks, mountains and
sands in this Island and carry elections as he pleas 'd
and wee thought this amend mt. wou'd equally prevent
such practices on all sides, but this has serv'd a present
turn, and therefore was not judg'd a good argument
now. The other Bill was for the effectuall discovery of
all persons that are disaffected to H.M. and his Govern-
ment and to prevent all such persons holding any office
etc. This my lords carried a very spacious title but wee
were surpriz'd when wee read it to find it the most
vigorous bill against Protestant Discenters of all sorts
that had ever been past in any of H.M. Dominions
since the Reformation ; wee imediatly amended it by
turning its edge against Papists only, and exempting
all Protestant Discenters tollerated by the laws of
England to which amendments the Assembly cou'd
not but agree and so this Bill was past ; but my Lords
as wee had at that time sign'd an Association to stand
by H.M. person and Governmt., and as wee have in our
humble address to H.M. assured him that wee are in the
cincerity of our hearts averse to the thoughts of the
Pretender and the miserys of Popery and Slavery that
must attend his success so wee cou'd rather wish wee
had not join'd with the Assembly in the pretended
instance of loyalty exprest by this Bill ; even with our
own amendments ; wee think it very ill suited in
many respects to our condition as an unpeopled Colony,
and as such have desired the Governour to represent
it to your Lordships tho' when your Lordships are
fully appriz'd of the great clamour the Assembly have
endeavour'd to stir up against us at this time, wee hope
you will be satisfied wee were not in the wrong to agree
to it with such amendments especially when you
observe in it a clause to lay double taxes upon his
Majesty's enemys, etc. At the opening the second
session the Governour again recommended to them the
complying with H.M. letter, and told them that if they
did not take care to provide for the support of the
Government, measures wou'd be taken elsewhere
effectually to do it. But it soon appear'd there was
little hopes of any such compliance, they return'd the
Governour no other answer to his Speech than by their
resolutions upon their Minutes which were no more
than to do again what they had done in the last session ;
with this addition by their Committee (whether agreed
to by the house or not does not appear) that if it had
not been out of the utmost duty and regard to H.M.
recommendation ; they wou'd have rais'd no more
mony whilst his Lordship continued in the Government.
On 2nd Feb. they sent us a Bill for appropriating severall
sums of mony already arisen for the subsistance of H.M.
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1716.
officers and soldiers and discharging publick debts. Wee
have already acquainted your Lordships that there
was a sum of mony in Mr. Major's hands the same
amounted in cash to about 3700 ; and above 4000
outstanding debts and had lain upwards of three years
unapply'd, by this bill the Assembly apply'd 2000
to the subsistance of the soldiers and by particular
clauses direct the issuing of upwards of 2700 more to
particular persons and out of the remainder of the
outstanding debts apply 3000 to H.M. Revenue.
Your Lordships will readily conceive what an honourable
provision here was made for H.M. Revenue, being very
questionable whether so much of those outstanding
debts will ever prove good as to have answer'd that
application, and shou'd they have answer'd it wou'd
have been a considerable time before they had been
recover'd, and H.M. Revenue was expressly provided
for by the bill to be supply'd in the last place. But there
was a provision in this bill which seem'd to be intended
to prevent its passing ; that no private soldier shou'd
receive any subsistance that was not actually enlisted
in one of the Companys at the time the regiment was
reduc'd ; this was plainly intended to prevent recruits,
and to suffer the Companys to dwindle away which
wee thought wou'd appear highly disrespectfull to H.M.
and wee therefore desired to know whether they wou'd
admit of any amendmts. or confer with us, both which
they peremptorily refus'd, telling us that to admit our
amending mony bills was to subvert the constitution,
tho' they had before them your Lordships' opinion
that their pretence to exclude us from such a right
was the real violation of it. Your Lordships will wee
hope approve our rejecting this Bill which with respect
to the recruits wee thought was showing a distrust
of H.M. gracious assurances as well as of imediate
diservice to the Island, etc. Refer to dissolution of
Assembly, ut supra. Your Lordships will perceive there
are two things principally aim'd at by the leading men
of this Assembly who have blinded many others with
specious pretences of publick service and the previldges
of a house of Commons ; these are to remove our present
Governour ; and likewise the two Independant Companys.
In order to effect these extraordinary benefits to the
Island numberless lyes and storys have been industri-
ously spread about the country which are not easily
answer'd where there is no press ;. by these the happy
effect of H.M. great favour to us has been prevented by
false suggestions of endeavours to obstruct them ; and
these they seem at last to hope to accomplish by dis-
tressing the Government here in giving no supplys and
by means of the unjustifiable collections they have
made, etc. Wee have a great personal esteem and regard
124 COLONIAL PAPERS.
1716.
for the Lord Archibald Hamilton as a person who has
govern'd with great humanity and perfect integrity ;
yet our principal! endeavours have been to act according
to the best of our judgmts. etc., and if wee had been
sencible of any real grievances or inconveniency likely
to happen from H.M. instructions, wee wou'd have
join'd with the Assembly in a dutifull representation of
them, but wee have not thought it consistent with our
duty to H.M. or the good of our country to join in pevish
complaints stir'd up by the restless passion and prejudice
of two or three persons against a Governour whose lenity
in his Government has too much encouraged them Imt
against whom not the least act of injustice or oppression
that wee know of can be made appear, and wee submit
it to your Lordships whether the yielding to the un-
reasonable desires of such men accompanied with such
disrespectfull proceedings to H.M. be likely to be
attended with any good effect to the authority of his
Majesty or the good of this Island ; wee think it will not,
because instead of any oppression from our Governour ;
the eldest among us does not remember greater hardships
offer'd nor greater oppressions done than have been by
this Assembly to their fellow subjects, the particulars
whereof your Lordships will find upon their own Journalls
etc. As to the two Independant Companys, wee humbly
offer that for the reasons contain 'd in your Lordships'
report, and for that chiefly, by the unhappy accident
of the Spanish Wrecks from the allurement of which
however unlawfull, it has not been possible to restrain
our people, our number of inhabitants are still decreas'd
whilst our neighbours on Hispaniola flourish under a
much more unhappy Government, and for that the
keeping constant guards wou'd too much harrass and
discourage the middling and poorer sort of people,
those Compnys. are wee think absolutly necessary for
the good and safety of this Island to be kept on foot,
at least untill wee shall have double the number of
inhabitants that wee have at present, etc. Wee must
not omit returning our humble thanks to your Lordships
for having advis'd H.M. to restrain our Governours from
suspending any of our body without just and suffi
