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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.
AMERICA AND WEST INDIES. 123
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 sufficient
causes and without the consent of a majority ; by this
wee have been enabled to act with freedom according
to our consciences, etc. Wee entreat your Lordships
to recommend the condition of this Colony to H.M.
speedy and effectual! care. What wee have thought
ourselves oblidged in the mean time to advise as H.M.
Council to the Governour in consequence of our dis-
apointments and of the mutinous disposition which
had already been kindled among the soldiers, and in
order to provide for the support of H.M. Government
and the peace and quiet of his subjects, untill his further
AMERICA AND WEST INDIES. 125
1716.
pleasure be signified ; wee must leave to the Governour
to acquaint your Lordships etc. v, supra. Signed and
endorsed as preceding. 23 pp.
203. iii. Copy of an Association to stand by and assist each
other in the support of H.M. person and Government
and the succession of the Crown against the Pretender,
bred up in all the principles of Popery and maxims
of tyranny, and the horrid and detestable conspiracy
of Papists and other wicked and traitorous persons etc.
Dec. 31, 1715. 1 p.
203. iv. Address of the Governour and Council of Jamaica
to the King. Congratulate H.M. on his success in so
speedily suppressing an unnatural and causeless
rebellion, raised in favour of a Papist Pretender. This
happy event secures their religion and liberty etc.
Regret that their remoteness only enabled them to enter
into the Association preceding. Regret that divisions
stirred up by some few persons with private views, and
fomented by groundless aspersions have prevailed to
the obstruction of what H.M. so justly expected from
this Island, etc. April 24, 1716. Signed, A. Hamilton,
Will. Cockburn, Secry. By Order of the Council. 1
large p.
203. v. Address of the merchants and other inhabitants of
Kingston to the King. Assure H.M. of their zeal and
loyalty. Continue : We were always firmly of opinion
that not only our religion and libertys but the trade of
Great Britain in all its branches depended upon your
Majesty's establishment on the throne, and we had
too much reason to fear when we were treated as robbers
and pyrates in trade by the enemies of your Majesty's suc-
cession, that not only our trade, but this your Majesty's
Island was designed as part of the sacrifice to their
pernitious schemes. We have endeavoured to show our
gratitude to your Majesty by choosing such members to
represent us in the late Assembly as would effectually
comply with what your Majesty was pleas 'd to require
etc. Pray that " measures may be taken for peopling
the Island by an equal and impartial method, by which
no particular man or body of men may be oppressed
more than others, which had now been our own case by
the ruin of this towne, had we not been delivered upon
our petition by your Majesty's Council of this Island"
etc. We assure your Majesty of our great satisfaction in
the justice and integrity of our present Governor who
has always encouraged and countenanced every fair
trader, and whose singular prudence and moderation in
his Government will we hope restore quiet amongst us
etc. Signed, Jno. Wyllys and 44 others. Endorsed
as covering letter. 1 large p. [C.O. 137, 11. Nos.
27, 27 i.-v. ; and, (without enclosures) 138, 14. pp. 459-
472.]
126
COLONIAL PAPERS.
1716.
June 12. 204. Board of Ordnance to the Council of Trade and Planta-
Office of tions. In reply to 8th June enclose following. Signed, M.
Ordnance. Richards> Edwd- Ashej Tho> Frankland. Endorsed, Reed. 15th,
Read 19th June, 1716. 1 p. Enclosed,
204. i. Mr. Frankland to Mr. Popple. Encloses following.
Signed, Tho. Frankland. 1 p.
204. ii.-viii. Accounts of stores of war sent to the Leeward
Islands 1702-1707. Total value : 15,241 4s. lOd.
Received, out of the 4| p.c., 4749 4s. 5d. Balance due
to the Ordnance Office, 10,492 Os. 5d. Endorsed, Reed.
15th, Read 19th June, 1716. [(7.0. 152, 11. Nos. 9,
9 i.-viii. ; and (covering letter and enclosure ii. only}. 153,
12. pp. 418, 419.]
June 12. 205. Mr. Secretary Stanhope to the Council of Trade and Plant-
Whitehal. ations. Encloses letter and address from the Assembly of South
Carolina (v. March 15) for their opinion thereon. Signed, James
Stanhope. Endorsed, Reed. 13th, Read 14th June, 1716. 1 p.
[C.O. 5, 1265. No. 26 ; and (with copy of address) 5, 1293. pp. 1-5.]
[June 12.] 206. Mr. Gary to the Council of Trade and Plantations. Reply
to objections urged against the Act of Virginia for the better
regulating the Indian trade. Signed, Robt. Gary. Endorsed,
Reed. Read 12th June, 1716. 4| pp. [C.O. 5, 1317. No. 33.]
June 12.
Whitehall.
June 14.
Whitehall.
207. Mr. Popple to Henry Martyn, Inspector General of the
Customs. Requests two accounts of annual imports of peltry
from Virginia and Carolina, Xtmas 1698-1715. [C.O. 5, 1364.
p. 382.]
208. Mr. Pringle to Governor Craven. Mr. Secretary Stan-
hope being informed of your being in this place, desires to see
you as soon as possibly you can at his office, and that you would
come prepared to give him an account of what you know in
relation to the affair of ye Marquis de Navarres, of wch. the
Proprietors of Carolina, have undoubtedly writ to you, in pur-
suance of H.M. directions 10th Nov. and 13th Feb. last. Signed,
Ro. Pringle. [C.O. 5, 190. p. 349.]
June 14. 209. Mr. Popple to Mr. Burchett. Encloses extracts of
Whitehall. Governor Hamilton's letter etc. 1st March, to be laid before
the Lords Commissrs. of the Admiralty for H.M. pleasure there-
upon. [C.O. 153, 12. p. 402.]
June 14. 210. Mr. Bicknell to Mr. Popple. Reply to June 12. We
Custom House, have no entries of peltry, so I presume they are made in some other
name, etc* Signed, Jo. Bicknell. Endorsed, Reed. 14th, Read
15th June, 1716. f p. [C.O. 5, 1317. No. 35 ; and 5, 1364.
p. 383.]
June 15. 211. Mr. Popple to Mr. Bicknell. Reply to preceding. By
Whitehall, peltry is meant skins and furs, etc. [C.O. 5, 1364. p. 384.]
AMERICA AND WEST INDIES.
127
June 15.
Whitehall.
1716.
June 15. 212. SametoMr. Burchett. Encloses extracts from Governor
Whitehall. Hamilton's letter, 10th April, etc. also relating to Capt. Soanes
and the condition of his ship. Desires to know whether there be
any other ship order'd to the Leeward Islands in his room. [C.O.
152, 12. p. 413.]
21 3. Council of Trade and Plantations to Governor Hamilton.
Acknowledge letter of 1st March. We are glad to hear of your
safe arrival. It will be a satisfaction to us to find the Assembly
answer your expectation in providing for the defence of the Island
of Antigua, and passing such other laws as you have recommended
to them for their publick advantage. We have acquainted the
Lords of the Admiralty as preceding, and we hope due care will
be taken to have another sent you. It will be of service, if for the
future you would be more particular in your accts. of any pirates
in those seas, as to their force, from whence they come, what
country men they are, when, and in what place they appear'd.
We shall be glad to receive your acct. of the state, condition
and nature of the Virgin Islands, with your opinion how far they
may be render'd useful to this Kingdom, and to inform us the
best you can, what trade is carry'd on between the British
Plantations and the Island of St. Thomas. As to Anguilla and
Spanish Town we must desire you will let us know how the Govrs.
of those places are constituted, whether they have any salary,
their number of people and what method of government they are
under. It will be necessary that you be very particular and
punctual in your correspondence with us that we may the better
be able to lay before H.M. a true state of the Islands under
'your Governmt. with such accts. of their products as you are
directed by your Instructions to send us. P.S. Acknowledge
letter of 10th March, since received, and enclose copy of following.
[C.O. 153, 12. pp. 414-416.]
June 15. 214. Mr. Burchett to Mr. Popple. Reply to 14th June. A
Admty. Office. g hjp w j}j be sen to ^he Leeward Islands as soon as possibly may
be, etc. Signed, J. Burchett. Endorsed, Reed. 16th, Read 19th
June, 1716. 1 p. [C.O. 152, 11. No. 1 ; and 153, 12. p. 416.]
June 15.
St. James's.
215. Lord Carteret to Col. Rhett and Mr. Eden. H.M.
having been graciously pleas 'd to grant the request of some
gentlemen who were taken in the rebellion at Preston in Lanca-
shire that they may be transported into H.M. Colonies and Plant-
ations in America ; the bearer hereof Mr. John Porteus being
one of those gentlemen, and consign'd to my service, I do give
him his liberty, and do therefore desire you to receive him kindly
as an inhabitant, and do him what friendly offices may be in
your power. Signed, Carteret. Copy. [C.O. 5, 290. pp. 97,
98.]
June 18. 216. Mr. Secretary Stanhope to the Council of Trade and
Whitehai. Plantations. H.M. having been pleased to appoint Thomas
Pitt, Senr., Esqr., to be Governor of Jamaica, I desire you will
128
COLONIAL PAPERS.
June 19.
Whitehal.
1716.
prepare the necessary Commission and Instructions, etc. Signed,
James Stanhope. Endorsed, Reed. Read 19th June, 1716. 1 p.
[C.O. 137, 11. No. 24 ; and 138, 14. pp. 451, 452.]
217. Council of Trade and Plantations to Mr. Secretary
Stanhope. Reply to preceding. Enclose draught of Commission
for Governor Pitt. Memo. Mr. Pitt not going to Jama, and the
drat, of a Commission being prepared for Col. Lawes instead,
Mr. Pitt's commission is not entered etc. [C.O. 138, 14. p. 452.]
June 19. 218. Mr. Popple to Mr. Attorney General. Encloses Act of
Whitehall. Nevis, 1715, to settle the estate of Thomas Herbert on him and his
heirs for ever, for his opinion in point of law, as soon as may be.
[C.O. 153, 12. p. 147.]
[June 19.] 21 9. An account of the skins and furs imported from Carolina,
Custom House. Christmas, 1698-1715. Endorsed, Reed. 19th, Read 22nd June,
1716. 1 large p. [C.O. 5, 1265. No. 28.]
[? June 19.] 220. A comparison of the quantity of skins and furs imported
from Carolina and Virginia for three years before and after the
late war. 2 pp. [C.O. 5, 1317. No. 36.]
June 19. 221. Skins and furs annually imported from Virginia,
Custom House. Christmas, 1698-1715. Signed, Henry Martyn. Endorsed, Reed.
19th, Read 22nd June, 1716. 2 large pp. [C.O. 5, 1317. No.
36A.]
June 21.
June 21.
St. James's.
June 22.
Whitehall.
222. Thomas Johnson's receipt for 25 reed, from Richard
Shelton for the transportation of John Dalzele to Virginia or
Carolina, in order to serve Lord Carteret 7 years (if required) (cf.
June 15). Signed, Tho. Johnson. Copy. [C.O. 5, 290. p. 98.]
223. Lord Carteret to Governor Eden. H.M. having been
graciously pleas 'd to grant the request of some gentlemen, who
were taken in rebellion at Preston, that they may be transported
into H.M. Colonies and Plantations in America ; the bearer hereof
John Dalzyel, Esq., brother to the Earl of Darn worth being one
of those gentlemen, and H.R.H. the Prince of Wales having
commanded me to give him his liberty ; I do desire you to receive
him kindly as an inhabitant, and do him what friendly offices
may be in your power. Signed, Carteret. [C.O. 5, 291. p. 41.]
224. Council of Trade and Plantations to the King. Governor
Hamilton having inform 'd us that he has visited the chief of the
Islands under his Government and finds them all in a defenceless
condition, their forts and platforms very much out of order, most
of the guns dismounted and ordnance store and ammunition
wanted everywhere, and Lt. Genl. Ma the w having given us the
like information, and sent us an acct. of what stores of war
are remaining there, as also of what is wanting ; we humbly
AMERICA AND WEST INDIES.
129
1710.
take leave to annex a copy thereof, and thereupon to represent,
that these Islands being in a manner surrounded by the French
and Spaniards, unless they are sufficiently provided with Ord-
nance stores, they may be in danger upon any rupture and even
in times of peace from the buccaneers and pirates that infest
those seas, wherefore we are humbly of opinion, it will be for
your Majesty's service that the said Islands be speedily supply'd
with the several particulars wanting, according to the said
annex 'd account. Annexed,
224. i. List of Stores of War remaining in the Leeward Islands
and wanting there. [(7.0. 153, 12. pp. 419-421.]
June 22. 225. Mr. Secretary Stanhope to the Council of Trade and
Whitehall. Plantations. Encloses following for their report. Signed, James
Stanhope. Endorsed, Reed. 23rd June, Read 4th July, 1716.
f p. Enclosed,
225. i. Proposals of Col. Charles Douglass for the disposal of
the late French part of St. Christophers. The delay
in settling these lands costs H.M. over 30,000 a year
in customs. Of the 21,500 acres available, after allowing
for grants to French Refugees, salt pans, bad land upon
the coast to be given gratis to poor people, proposes
that remaining 10,000 acres of good land should be
granted to the undertaker for 16,000, he giving security
to plant, cultivate, till, and manure at least 7000 acres
thereof within two years etc. 2| pp. [(7.0. 152, 11.
Nos. 10, 10 i. ; and (without enclosure) 153, 12. p.
422.]
[June 22.] 226. Joseph Boone and Richard Beresford, Agents for
Carolina, to the Council of Trade and Plantations. Refer to
letter and address of the Assembly (v. March 15), and enclosed
list of imports and exports of South Carolina, in the navigation
whereof were imploy'd about 100 ships. Continue : The
preservation of this Province is of very great consequence to
H.M. (1) because its present produce is suitable and necessary to
the occasions of Great Brittain, and in some particulars are such
as Great Brittain doth not produce ; (2) because it is a barrier
and might be made a bulwark to all H.M. Collonys on the S.W.
part of the Continent against French, Spaniards and Indians, etc.
The country is proper for the produce of indigo, silk and cochineal
as well as Royall mines, etc. The security desired may be effected
if some forts and garrisons were placed on both sides the Gulph
of Florida att Providence, att Port Royall and on the banks of
the Isthmus of Florida towards Mobile on the borders of our
frontiers, etc. Signed, Joseph Boone, Richd. Beresford. Endorsed,
Reed. 22nd, Read 23rd June, 1716. 1 p. Enclosed,
226. i. Account of imports and exports, South Carolina, 6th
June, 1712-13. Imports : Prime cost, 25,420 15s. 6|d.
Includes wine, rum, sugar, beer, cider, molasses, flour,
logwood, salt fish, and 262 negroes. Exports : 73,790
deer skins ; 75 Indians ; rice, 12,677 barrells, 200 baggs ;
Wt. 26355. C.P. 9.
130
COLONIAL PAPERS.
June 22.
Whitehall.
June 22.
Whitehall.
1716.
pitch, 4580 barrels ; tar, 2037 barrels ; turpentine, 661
barrells ; tallow, 29 barrells ; leather, 1965 sides ; beef,
1963 barrells ; pork, 1241 barrells ; sugar, 6 hoghds ;
snake root, 5 barrells ; oyle, 29 barrells ; candles
and soap, 76 boxes ; garlick, 37 barrells ; logwood and
braziletta, 143 tunns ; salt fish, 6 barrells ; sweetwood
bark and cocoa. There are great quantities of salt,
boards, staves (lumber) etc. exported which pay no duty,
etc. 2pp. [C.O. 5, 1265. Nos. 29, 29 i. ; and (without
enclosure) 5, 1293. pp. 5-7.]
227. Mr. Secretary Stanhope to the Governor of New Yorke.
The Proprietors of New Jersey having constituted James
Alexander to be Receiver General and Collector of all their quitt-
rents, and praying H.M. directions to you to assist him, etc., you
are to give him all the protection and countenance in your power
in the faithfull discharge of the aforesaid office. Signed, James
Stanhope. [C.O. 5, 190. p. 351.]
228. Mr. Secretary Stanhope to Governor Hamilton. John
Thornton is to remain in the quiet enjoyment of his plantation in
Basseterre, till H.M. shall think fit how to dispose of that part of
St. Christophers, wch. was the French Settlement, etc. Signed,
James Stanhope. [C.O. 5, 190. pp. 351, 352 ; and 152, 11.
No. 17.]
229. Mr. Popple to Messrs. Boon and Beresford. Desires
their attendance before the Board to make good the statements
in their (following) memorial particularly as to the products of
Carolina and the Bahama Islands, and the valuation of Carolina,
etc. [C.O. 5, 1293. p. 20.]
[June 23.] 230. Richard Beresford to the Council of Trade and Planta-
tions. The present state of South Carolina is as follows. That
Province having for a year past been engaged in war with the
Indians, numbers of its inhabitants have been destroy'd by fire
and sword and many more have deserted the place. The small
number of white men (fit to bear arms) that are left continue to
desert the Province, and had not the Government of Virginia
and North Carolina sent to their assistance about 200 men (for
part of whom they were obliged to consent to terms almost
impossible to be complied with) many more if not the greatest
part of the present inhabitants would in all probability have
deserted. The whole Province being thus distressed and
despairing of further assistance from other American Colonies
as also from the Honourable the Lords Proprietors of that
Province, were under a necessity of making application to the
King and Parliament to enable 'em to subdue or reduce their
enemies to reason. Accordingly their case by petition from their
Agent and severall merchants of London trading thither was on
the 9th of Augst. last laid before the Parliament and after an
examination before the Committee, the Honourable House of
June 23.
Whitehall.
AMERICA AND WEST INDIES. 131
1716.
Commons were pleas 'd to address H.M. to send to the assistance
of Carolina such supplies as should in his great wisdom be thought
needfull, the charge of which to be made good in the next aides.
Whereupon H.M. was graciously pleas'd to send a sufficient
quantity of arms and ammunition, but the unnatural rebellion
obstructed sending men. By advices since the said stores of
war were sent which came with petition from the Upper and Lower
houses of Assembly of that Province to H.M. for releif and
protection it has been represented that a supply of men and money
is the chief of what they stand in need of without which they
are in the greatest danger of loosing that Province, the remaining
small number of its inhabitants being almost wearied out through
continual fatigue and the charge insupportable. A second
petition from the Agent, merchants and others to the King,
praying that some of the rebels who petition 'd for to be trans-
ported might be sent to Carolina to serve in the time of their
extremity until better provision could be made for them was
under the consideration of H.M. and the Lords of the Council.
By other letters and advices received the beginning of March
last from the most interested and credible inhabitants it appeared
that notwithstanding they had made peace with one nation of
their Indian enemies they were still obliged to employ all the
force of white men they could raise together with many of their
black slaves against those nations of Indians who were the
f orwardest to begin the war and have since committed the greatest
barbaritys. All which representations and applications being
made to this Government and also by proper persons here made
known to the Honourable the Lords Proprietors and no sufficient
assistance sent them, about the beginning this instant June arrived
here from that Province another address to the King and a letter
from the Assembly there very plainly setting forth their present
state, which having been shown to the Honourable the Lord
Cart wright and others the Lords Proprietors, they have signified
their dislike thereto and as we have too much reason to fear will
not only refuse to consent to what may be necessary on their parts
but also endeavour to invalidate the said representation which
obliges us the more earnestly to make all the application we are
able, that the condition of those distressed subjects may in the
most effectual manner be laid and come under the consideration
of H.M. and the Government with the greatest expedition, etc.
By many former circumstances as well as by the late letter from
the Assembly, there is too much reason to be assur'd that the
French (who live and trade with the Indians from Quebeck and
along the Lakes of Canida, and southward too and down the great
River of Messisippi to Fort Movilla scituated on a River near the
mouth of the said great River with the Bay of Mexico) have
stirred up and encourag'd several nations of Indians to this warr.
And as the French have of late years (very far with the bounds of
the charter of Carolina) settled themselves on the back of the
improved part of that Province by which they are as near those
Indian settlements who were in alliance with Carolina as the
English there are, and thereby having possessed themselves from
132 COLONIAL PAPERS.
1716.
the northermost part of the sea to the southermost on the back of
all the most valuable Brittish Plantations and Colonies on the
main of America and having with them very numerous nations
of Indians, 'tis too obvious what they (especially South Carolina)
must expect whenever a rupture with France may happen if not
before. It's also as obvious how formidable the French will
grow there during peace considering how industrious they are
in frequently supplying their settlements with people etc., an
instance of which we were lett to know by late advances from
France that shipping with men and women were going from
Brest to their New Colony Luciana on Messisippi which by the
small number of inhabitants in Carolina the French had the
opportunity to begin and by the present troubles with our
Indians are encourag'd to increase. Carolina being the only
Southern frontier of all Brittish America both to the French and
Spaniards who have shelter 'd those very Indians who commenced
this present war with the English, it is humbly presum'd that a
settlement of H.M. subjects on one of the Bahama Islands (now
inhabited only by a few scatter'd English settlements notorious
for being without Government etc.) with a small garrison there it
being on the eastermost side of the Gulf of Florida, and the like
Settlement and garrison on Port Roj^all Island adjoyning the
main land of Carolina on the opposite side of the Gulf, and as
occasion might be vessels appointed to attend that short cruise
would be the greatest security imaginable not only to Carolina
but to other American Colonies possest by the English. Those
Islands being a very pleasant and profitable climate when pro-
tected and encouraged will very soon florish and fill with inhabit-
ants and in some measure deter the French from increasing their
Settlements on Messisippi for as much as it will be difficult for
any ships to come through the Gulf (as all Spanish galloons and
French from Messisippi and Mo villa are obliged to) but they will
be discovered. Port Royall Island hath an extraordinary
harbour for shipping by all pilots allow'd to be the best upon
the coast of Carolina having about 4 fathom water on the most
difficult enterance and abounds with provisions and naval stores
and amongst the Bahama Islands it is beyond doubt there wants
not the like advantages for such an undertaking. In time of
peace it is much more adviseable to make such settlements on the
said Islands then in time of war. Carolina being thus circum-
stanced and capable of affording greater quantity of valuable
produce then any other part of Brittish America as the best of
rice in abundance all manner of timber in great plenty pitch tar
turpentine rossin indigo and silk which has been manufactur'd
in London and proves to be of extraordinary substance and
lustre, provisions, etc., 'tis humbly hoped the King and Parliment
will be of opinion that it merits a particular notice and protection,
etc. If the inhabitants of Carolina and the Bahama Islands were
more numerous and protected severall other productions would
thrive well in that climate, as sugar, fruit, coffee, olives, Spanish
vines etc. Cotton wool has been tryed and comes to perfection,
not to enlarge on the mines of silver if not gold which are expected
AMERICA AND WEST INDIES.
133
1716.
June 24.
to be found in the Appalatia Mountains, scituate between the
Frenches new Settlements on Messisippi and the improv'd part of
Carolina. There are also great quantitys of cedar and cypress
far exceeding any Norway deals being free from knots of curious
white colour and great lengths proper for floring of the most
magnificent buildings. The cedar for some uses far exceeds any
other sort of wood and at the request of some noblemen and
gentlemen of this nation hath been brought into this Kingdom
but the importers being obliged to pay duty for it as sweetwood
amounts to a prohibition the further importation thereof has been
quite discourag'd, our navigation lessen'd and given to foreigners
of whom we purchase in part with money and loose the advantage
of freight. Signed, Richd. Beresford. Endorsed, Reed. Read
23rd June, 1716. 4 pp. Enclosed,
230. i. A demonstration of the present state of Carolina.
Value of the Province the year before the Indian war
by assessment, vizt. lands, negroes, stock and mer-
chandize, 709,763. This has been diminished by
desertion, destruction etc. at least one third. Debts and
bills before the war, 44,000. Since the war, 100,000,
etc. 2 pp. [C.O. 5, 1265. Nos. 30, 30 i. ; and 5, 1293.
pp. 8-19.]
231 . Petty expenses of the Board of Trade, postage, station-
ery, coal, etc. Lady Day to Midsummer. 5 pp. [C.O. 388, 77.
Nos. 16-19.]
June 25. 232. Order of King in Council. Approving Commission for
St. James's. Thos. Pitt to be Governor of Jamaica, etc. Signed, Edward
Southwell. Endorsed, Reed. 8th, Read 16th Jan., 17. 1 p.
[C.O. 137, 12. No. 36 ; and 138, 15. p. 187.]
[June 26.] 233. Copy of James Colleton's plea when Judge in his own
case against Sir John Colleton, April 15, 1701. Endorsed, Reed.
Read 26th June, 1716. 1 p. [C.O. 28, 14. No. 52.]
[June 26.] 234. Col. Cleland to Sir John Colleton, Oct. 8, 1712. Pro-
poses, on behalf of John Colleton, a settlement of the dispute
between them, etc. Signed, Wm. Cleland. Endorsed, Reed.
Read 26th June, 1716. 2^ pp. [C.O. 28, 14. No. 53.]
June 26. 235. H.M. Warrant accepting the surrender of Leonard
Compere, and appointing Richard Mill Receiver General of
Jamaica. Endorsed, Reed. Read 3rd Oct., 1717. Copy. 1 p.
[C.O. 137, 12. No. 70.]
June 28. 236. Mr. Secretary Stanhope to the Council of Trade and
Whitehall. Plantations. Refers following for their report, what may be
fitly done therein. Signed, James Stanhope. J p. Overleaf,
236. i. Petition of William Popple to the King. Having for
several years serv'd the Crown as Secretary to your
Majesty's Commissioners for Trade and Plantations,
COLONIAL PAPERS.
1716.
June 28.
Antigua.
June 28.
Whitehall.
he has discharg'd that office with integrity and zeal
for ye publick service. Had he allow 'd himself the
liberty of receiving voluntary gratuities, he might e'er
this have raised a considerable fortune ; but notwith-
standing the temptation of a numerous family, he has
contented himself with the bare income of his salary.
He did so far prefer the publick to his private interest
(at a time when he could not have the least prospect of
reward) that he run the greatest risque of being turn'd
out of his place, which would have happened had the
late Queen liv'd a few days longer, for his place was
actually offer'd to another. The late Earl of Halifax
(not to mention others) was so sensible of the service
he had done, that after your Majesty's happy accession
to the Crown, his Lordp. bid petitioner think of asking
something for his family ; whereupon he prayed his
Lordp. to intercede with your Majesty for a grant of
the Plantation call'd Pensez y bien, containing between
4 and 500 acres of land in the late French part of St.
Christophers, but his Lordp. dying soon after, nothing
was done, etc. Prays for said grant. 1 p. The whole
endorsed, Reed. 28th June, Read 4th July, 1716. 1 p.
[(7.0. 152, 11. Nos. 11, 11 i. ; and 153, 12. pp. 422-
424.]
237. Governor Hamilton to the Council of Trade and
Plantations. Encloses duplicate of May 25th. Continues :
Presently after which I left Nevis, and came hither, where I am
regulating the Militia, and geting the forts and platformes
repaired, and doing such other matters as I hope will be for the
service of H.M. and the good of the Island. Encloses Acts, which
I should have transmitted sooner, had I not been prevented by
visiting the other Islands, in doing of which I do assure yor.
Lordships that my self and family, have suffered more than a few
inconveniencys, having nothing to transport us but sloops, in
which the accomodations, are not much better than those in the
common hoys at home, they being built much after the same
manner, and many of them not much bigger. I hope the Acts
that I have assented to, will be adjudged by yor. Lordships to be
for H.M. service, and the good of the Collony, and that your
Lordships will get them layd before H.M. etc. Signed, W.
Hamilton. Endorsed, Reed. 10th Sept., 1716, Read 5th April,
1717. 1 p. Enclosed,
237. i. List of Acts of Antigua 1715, 1716. Same endorsement.
1 p. [C.O. 152, 11. Nos. 53, 53 i. ; and 153, 13. pp.
8, 9.]
238. Council of Trade and Plantations to the King. Repre-
sentation upon Sir E. Ernley's petition (v. April 28th). Quote
objections v. John Colleton (May 15). In answer, it has been
observ'd to us, that several of the present Council have suits
depending and that it is the constant practice when any Councillor
AMERICA AND WEST INDIES. 135
1716.
has a cause to bo heard, for him to retire from the Bench ; but
whether any of the said Councillors had any considerable law
suits depending at their admission ; or whether there were any
objections made to them upon that account does not appear
to us. And as we have been informed that the said suit between
Sir John and John Colleton is in a fair way of being determined in
a few months time, if your Majesty shall be graciously pleas 'd to
approve of Wm. Carter (v. 20th April), agt. whom we have not
heard of any objection, Mr. Colleton may have an opportunity
of being recommended to your Majesty's favour for the first
vacancy after the said suit shall be determined, etc. [C.O. 29,
13. pp. 334-336.]
June 29. 239. Mr. Secretary Stanhope to the Council of Trade and
Whitehall. Plantations. Encloses following, to be considered when the
state of South Carolina comes to be debated at your Board.
Signed, James Stanhope. Endorsed, Reed. Read 4th July, 1716.
1 p. Enclosed,
239. i. Assembly of South Carolina to [? Messrs. Boone and
Beresford]. Enclose duplicates of former Address and
a new Address to be laid immediately before H.M., etc.,
being now fully convinced that the Lords Proprietors
are neither able nor willing to afford that assistance
to this province as is absolutely necessary to preserve
itt from ruin and desolation, etc. Wee have reed,
from Mr. Kettleby their replies to some queries putt
to the Lords Proprietors by the Lords Commissioners for
Trade etc. (v. C.S.P. 1715. Nos. 516 i., 517). To their
answer to No. 1 wee say, Their Lordships have sent no
such orders to this government. They have not above
12 or 1400 in their Receiver's hands, 7 or 800 of which
he tells us is due to their officers here, and that by a letter
from one of that Board he has orders to remitt the re-
mainder home to them as soon as possible. To No. ii.
That this Province did send to the value of 2500 in
goods (prest from the merchants in Charles Towne upon
that extraordinary occasion) to New England, which
goods they are to be paid for by a tax levyed upon
the estates of the inhabitants of this province and
for which wee are not at all oblidged to ye Proprietors.
We doe not know of any money that their Lordships
have laid out in England for the use of this province,
att least if they have 'tis so small a matter that it can
be but of little service, etc. The vessell their Lordships
mention which was ready to saile with their orders is
arrived and was not sent att their Lordships' charge,
being hired by our Agents att the charge of this province
to transport such warlike stores as H.M. should think
fitt to send us, etc. Those other vessells mentioned
by their Ldships. which would be ready to saile in a
very short time after were only merchant ships bound
here upon their own accounts, and as to their Lordships'
136 COLONIAL PAPERS.
1716.
orders the Government has received none since the
commencement of the warr. To No. Hi. It was
unreasonable in ye Lords to expect that this province
in ye condition wee were and still are in could send
vessells and provisions for the transportation [of H.M.
garrisons in North America}, we having noe vessells
belonging to this Government and what ships are here
be only merchantmen who are in a hurry to get their
effects off from this troublesome province besides the
additionall charges which have been so great that this
province could not have supported itself under itt. To
No. iv. We think their Lordships' answer wants a
clearer explanation, not being able to judge thereby
whether they intended to repay with what is and will
be hereafter due to them from this province, or whether
they intended the same should be paid out of the
produce of the estates of ye inhabitants, if the latter,
wee look upon itt as if thereby their Lordships did
intend to evade the repayment of that money, they
knowing well that ye great debt this province has
already contracted for it's immediate defence and will
further be oblidged to contract for it's future defence
added to that additional charge would have as effectually
ruined us as our enemies could possibly have done had
wee not made any resistance against them. To No. v.
As to their Lordships being willing to surrender the
Governmt. to the King wee have but little to say etc.,
but we doe aflfirme that unless H.M. doth take ye
immediate government into his own hands, this settle-
ment will be entirely ruin'd and as to their Lordships'
continually defending and supporting this province
when invaded by the French and other enemies, wee
say itt is no such thing, neither have they disbursed one
penny towards the defraying the charge of that invasion
nor of any of the former invasions which were made
upon us by the neighbouring Indians and by the
Spaniards from St. Augustine, neither did they contribute
anything towards the great expence wee were att in
fortifieing this place att the beginning of the late warr,
unless the summ of 400 Carolina money which was
designed to hire a vessell to fetch some guns from one
of H.M. ships which was drove ashore on the Bahama
Bankes, but the guns never came and that is the only
money that ever the Lords Proprietors laid out for the
defence of this province from the first grant of their
charter to this time, which is but a small part of the
great charges this province has been att, etc. Wee have
something further to add, etc., that is, that the said
Proprietors are neither able nor willing to support and
defend this Colony, etc. For if they had been in a
capacity to have supported itt of themselves, it would
be unreasonable to beieive they would have applied
AMERICA AND WEST INDIES. 137
1716.
themselves to H.M. etc., and it appears to us that they
are not willing because they have absolutely refused to
surrender up or mortgage their charter to H.M. for a
security of the repayment of the charges H.M. should
be at in granting the assistance desired, etc., which
had they complyed with wee have good reason to
beleive wee should have had assistance from the Crown
long before now, etc. Wee are forced to conclude yt.
we are ye most unfortunate of all H.M. subjects being
immediately under the Government of gentlemen who
are not able to afford us that protection which all other
H.M. subjects doe enjoy, which oblidges us earnestly
to press you to use your utmost endeavours to gett the
Government of this province into H.M. immediate
care and protection, etc. There is but little alteration
in ye posture of affairs, saving that upon the murder
committed by the Charakee Indians upon some of the
head men of the Creek Indians, that the whole nation
of the said Creeks removed from their old habitations
some days nearer to the French att Moville and wee
are informed by some of our people (who were prisoners
amongst them and are now gott home to us) that the
French have promised the Creeks yt. as soon as there
is war between Great Britain and France (which they
tell them they expect to hear every day) they will
joine themselves with them and our other enemy
Indians and totally destroy this province, and in the
mean time they supply them with arms and ammuni-
tion and give them all the encouragemt. they possibly
ca[w to disturb ?] us in our settlements. You must
needs be sensible what a long and bloody warr was
carried on by a small handfull of Indians (assisted
by the French att Canada) against New England who are
a numerous people what may wee expect who are but a
small people and have severall great nations of Indians
who are our enemies, and who are also supplied and
encouraged by the French att Moville, for these reasons
it is gentlemen that wee again press you to lay our
circumstances before the king and [ ], if possible,
such a supply of men to settle in the countrey as may be
for the future security of the same. As the publick
acknowledgements of this province are justly due to the
Lords Commissioners of Trade and Plantations for their
hearty zeale and readiness to serve this distressed Colony
at home in it's greatest extremity, you are therefore
directed and ordered to give them the thanks of this
House for such their strenuous and sincere endeavours
etc., and likewise to desire that they would be pleased
to continue the same affection towards us, by making all
the earnest application they can possible unto such
person or persons as they shall think proper so as to
obtaine the favour of his Most Gracious Majesty to
13 COLONIAL PAPERS.
1716.
take this government under his immediate care and
protection. Refer to enclosures. By the contents of
Governour Craven's speech wee have reason to beleive
that he will att his arrivall in England endeavour to
insinuate that this province is out of all danger from
our Indian enemies, but wee can in no wise concurr
in our judgements with him in that affaire, etc. Seeing
that the Lords Proprietors are not capable of affording
this province releif and protection wee order you to
desist making any further application to them. There
is just now arrived in the Shoreham man of warr an
agent from Virginia with whom wee hope to make up
all differences between that Government and this.
Signed, by order of ye House, Tho. Broughton, Speaker.
3$ pp.
239. ii. Governor Craven's speech to the Assembly of South
Carolina. It is a considerable time past since I received
permission from their Lordships the Proprietrs. to
return to England, to settle my private affairs ; but the
Indian war breaking out, I readily put off my voyage,
etc. But seeing (thro' God's blessing on our endeavours)
the clouds that then threatned ruine and destruction
to this Colony are now blowne over and dissipated, our
enemies for the most parte defeated and fled away, and
the war itself in a manner extinguish 'd, I cannot but
reassume my design to return home, and am now
ready to take my departure, etc. Asks for their
directions, "if in any case he can be serviceable to
Carolina, in his absence." Recommends loyalty, unity
and obedience to his Deputy, etc. Signed, Charles
Craven. Endorsed, (Reed, from Mr. Boon and Mr.
Beresford) Read 13th July, 1716. 1 p.
239. iii. Reply of the Assembly of South Carolina to Governor
Craven's speech (supra). Return thanks for his speech
and wish him a prosperous voyage etc. Continue : We
can't but take notice of that part relating to our Indian
war, etc. It is ye unanimous opinion of this House,
and of ye whole province, that those clouds of danger
and destruction are still hanging over us, and in all
humane probability will be ye ruine of this Colony, unless
ye immediate blessing of God, and ye charitable assist-
ance of our gracious Sovereign interpose, and dissipate
the same. What obliges us farther to be of this opinion,
is, that notwithstanding ye small defeats and disappoint-
mts. our Indian enemies have met with, they are not
wholy discouraged from prosecuting ye war against us.
The greatest and most warlike part likewise of our
Indians which were in friendship with this Governmt.
are now in ye interest of ye French and Spaniards, and
as we are inform'd, not only protected, but abetted
and set on by them to disturb, and (if possible) ruine
this Colony ; When we consider the vast charge we have
AMERICA AND WEST INDIES. 139
1716.
been at in carrying on this war, and large expences wch.
must necessarily accrue in ye future prosecution of ye
same, and setling the necessary garisons for ye future
security of this province, without receiving ye least
help or assistance from ye Lords Proprietors, we cannot
but think that their Lordships, instead of using their
endeavours to save and protect their Colony in its
distressed condition, and being instrumts. of our
receiving assistance from ye Crown, they have been ye
sole bar to our relief. We shall always be glad of shewing
proofs to ye world of our firm and steady loyalty to our
most gracious Sovereign King George (whom God long
preserve) and we natter ourselves, that we have not,
in any of our words or actions, given room for any
person to doubt of our firm adherence to his interest,
and good wishes for ye succession in the Illustrious
House of Hannover. At the same time that we make
this publick acknowledgment of our sincerity to our
Sovereign, we take ye liberty to say, that it had been
highly pleasing to us, and ye whole province in general,
if some notice had been taken in a publick manner, of
ye disrespectful language and talk made use of by some
persons against his said most Gracious Majesty, and the
Succession : As we are ye representatives of ye province,
we should have been very glad if yor. Honr. had been
pleased to have conferred wth. us upon the choice of a
proper person for ye administration of the Governmt.
in yor. absence, but as it is in yor. Honr's., whatever
person you shall appoint in yor. stead, we shall be
ready to concur wth. him in all things that may be
for ye welfare and good of this Colony. We give yor.
Honr. our unfeigned thanks for ye kind proffer to make
use of yor. services in England, and if yor. Honr. would
be pleased to use yor. interest in procuring the Governmt.
to be taken into ye immediate care and protection of ye
Crown, as ye other Plantations are, we shall esteem it
as a great favour ; we further take ye liberty to return
yor. Honr. our hearty thanks for yor. services to ye
province since ye comencemt. of ye war, etc. Signed,
Tho. Broughton, Speaker. 1| pp. [(7.0. 5, 1265. Nos.
31, 31 i., 32, 33 ; and (without enclosures) 5, 1293. p.
21.]
July 3. 240. Lt. Governor Spotswood to the Council of Trade and
Virginia. Plantations. Abstract. Refers to enclosed affidavits relating to
Bahamas. A nest of pirates are endeavouring to establish them-
selves at Providence and by the addition they expect of loose dis-
orderly people from the Bay of Campeachy, Jamaica and other
parts, may prove dangerous to British commerce, if not timely sup-
pressed. A vessel of the force they have captured will soon render
them formidable to the number of merchantmen passing through
the Gulf from Jamaica. Has commissioned the master of a sloop
140 COLONIAL PAPERS.
1710.
to make enquiries as to their strength and designs. It highly
concerns H.M. service that some Government should speedily
be established there and the place made defencible against
sudden attempts by pirates or the Spaniards, who have so often
obstructed the settlement thereof, as well knowing that, should
the English grow strong there, that island might be reckoned
the very key of the Gulph of Florida. He committed to prison
one Captain Forbes, a pirate who came to Virginia last month,
after beating the Spaniards from their batteries on the coast of
Florida for guarding wrecks and was accessory to taking the
French ship (end. i.), but he escaped. Has asked the Admiralty
for an additional guardship, not relying on the professions of
the gang at Providence that they will only seize French and
Spanish ships. They have already plundered some trading
vessels belonging to these parts. Mr. Ludwell (v. 24th May)
writes that he will send his answer to the Council of Trade, without
allowing the Governor a sight of it, unless he will submit the
dispute between them to the determination of the Council.
This is not a reasonable request, for six out of ten Councillors
are his relations, and by his 44th Instruction the Council have no
cognizance of such cases. Asks to see his answer. Except
this dispute with the Auditor, this Colony is perfectly easy, etc.
Signed, A. Spotswood. Endorsed, Reed. 5th, Read 10th Sept.,
1716. 3f pp. Printed, V.H.S.C., Spotswood Papers II., 168.
Enclosed,
240. i. Deposition of John Vickers, late of the Island of
Providence. In Nov. last Benjamin Hornigold arrived
at Providence in the sloop Mary of Jamaica, belonging
to Augustine Golding, which Hornigold took upon the
Spanish coast, and soon after the taking of the said
sloop, he took a Spanish sloop loaded with dry goods
and sugar, which cargo he disposed of at Providence, but
the Spanish sloop was taken from him by Capt. Jennings
of the sloop Bathsheba of Jamaica. In January Horni-
gold sailed from Providence in the said sloop Mary,
having on board 140 men, 6 guns and 8 pattararas,
and soon after returned with another Spanish sloop,
which he took on the coast of Florida. After he had
fitted the said sloop at Providence, he sent Golding's
sloop back to Jamaica to be returned to the owners :
and in March last sailed from Providence in the said
Spanish sloop, having on board near 200 men, but
whither bound deponent knoweth not. About 22nd
April last, Capt. Jenings arrived at Providence and
brought in as prize a French ship mounted with 32
guns which he had taken at the Bay of Hounds, and
there shared the cargo (which was very rich consisting
of European goods for the Spanish trade) amongst his
men, and then went in the said ship to the wrecks
where he served as Comodore and guardship. There
are at Providence about 50 men who have deserted the
sloops that were upon the wrecks, and committ great
AMERICA AND WEST INDIES. 141
1716.
disorders in that Island, plundering the inhabitants,
burning their houses, and ravishing their wives. One
Thomas Barrow formerly mate of a Jamaica brigantine
which run away some time ago with a Spanish marquiss's
money and effects, is the chief of them and gives out
that he only waits for a vessell to go out a pirating, that
he is Governor of Providence and will make it a second
Madagascar, and expects 5 or 600 men more from
Jamaica sloops to join in the settling of Providence,
and to make war on the French and Spaniards, but for
the English, they don't intend to meddle with them,
unless they are first attack'd by them ; nevertheless
Barrow and his crew robb'd a New England brigantine,
one Butler master, in the harbour of Providence and took
a Bermuda sloop, beat the master and confined him for
severall days, but not finding the said sloop fitt for
their purpose, discharged her. About a year ago one
Daniel Stillwell formerly belonging to Jamaica, and
lately settled on Isle Aethera, went in a small shallop,
with" John Kemp, Matthew Low, two Dutchmen, and
Darvell to the coast of Cuba and there took a Spanish
lanch having on board 11,050 pieces of eight, and
brought the same into Isle Aethera ; and Capt. Thomas
Walker of Providence having received advice thereof
from the Governor of Jamaica, seized Stillwell and his
vessell, but upon the coming of Hornigold to Providence,
Stillwell was rescued and Capt. Walker threatned to
have his house burned for offering to concern himself,
Hornigold saying that all pirates were under his pro-
tection. It is common for the sailors now at Providence
(who call themselves the flying gang) to extort money
from the inhabitants, and one Capt. Stockdale who came
passenger with deponent to Virginia was threatned to
be whipp'd for not giving them what they demanded,
and just upon his coming from thence he payed them
2Qsh. for which the aforementioned Barrow and one
Peter Parr gave him a receipt on the publick account.
Many of the inhabitants of that Island had deserted
their habitations for fear of being murdered. Sometime
about the beginning of March one Capt. Farnandez,
an inhabitant of Jamaica, in the sloop Bennet mounted
with 10 guns and with ab.out 110 men took a Spanish
sloop with about three millions of money as it was
reported and silks and cochenile to the like value and
brought the sloop into Providence and there divided
the money and goods among the men and is returned
to the North side of Jamaica to try whether he may go
home in safety and if he found he could not he gave out
that he would return to Providence and settle amongst
the Rovers. Signed, John Vickers. Endorsed as pre-
ceding. 2 pp.
240. ii. Deposition of Alexander Stockdale of Barbadoes,
142 COLONIAL PAPERS.
1716.
merchant. Corroborates preceding. Signed, Alexr.
Stockdale. Same endorsement. \ p.
240. iii. Lt. Governor Spotswood's Instructions to Harry
Beverley, Commander of the sloop Virgin of Virginia.
Whereas I have received information that divers ships
richly laden having been cast away in the channel of
Bahama and other the coasts of America under H.M.
dominion, and that under pretence of fishing for the
said wreck'd goods, divers persons as well H.M. subjects
as others have assembled themselves with their vessells
armed and equipped in warlike manner, committing
depredations and other acts of hostility s, upon the
Spaniards and other nations in amity with H.M. and that
the said persons have also taken possession of the
Island of Providence, and intend to strengthen them-
selves there under a Governor of their own choosing,
you are to make enquiries there etc., as in covering letter.
Williamsburgh, 15th June, 1716. Same endorsement.
3 pp. [C.O. 5, 1317. Nos. 45, 45 i.-iii. ; and (without
enclosures) 5, 1364. pp. 432-439.]
[July 3.] 241 . [? Mr. Gary's] answer to the reasons against the Virginia
Act for monopolizing the Indian trade etc. (v. May 30). Endorsed,
Reed, from Mr. Carey, Read, 3rd July, 1716. 2 pp. [C.O.
5, 1317. No. 37.]
[July 3.] 242. Merchants trading to Virginia to the Council of Trade
and Plantations. Reply to Mr. Gary's memorial concerning the
Virginia Act for monopolizing the Indian Trade, etc. (v. June 12,
etc.}. Endorsed, Reed, (from Mr. Offley), Read 3rd July, 1716.
2| pp. [C.O. 5, 1317. No. 38.]
July 4. 243. Abstract of a letter from North Carolina [? to Richard
Chowan. Beresford]. I am just returned from Virginia where I was
informed that the fort built at Christ Anna by Col. Spots wood
was finished it lyes on Meherrin River about a small daies march
from Moratoke and about 50 or 60 miles from some part of James
River and Appamatocks River. The fort consists of five large
pentagonal log-houses which serve for bastions, and a curtain of
mauld wood with earth on the inside from one house to another,
etc. Each house has a great gun about 14001b. each, etc. The
Honble. Mr. Boyle gave a considerable sum to pious uses one of
which is the conversion of the Indians and at his charge are
taught several of the youth of the Tributary Indians at William-
burg one of which that can read and write is to be Usher to ye
School at Christanna. I saw the fellow the other day at Mr.
Eland's, the agent for the Indian Company at James River.
The Govr. is now building a handsome house near Christ Anna,
where he intends to live when he shall be out of the Government.
It will cost him about 5 or 600 sterl. and divers other people
encouraged by the Governr's. example are settling plantations
that way. I saw abundance of iron, steel and other utensils
AMERICA AND WEST INDIES. 143
1716.
carrying thither, there is a couple of forges sett up, and it is
expected it will be a place of note. There is in three of the
frontier counties of Virginia a company of 12 Rangers who make
it their business upon the Governor's orders to range and make
discoveries, one of these companies has made a discovery of a
passage through ye mountains between Rappahanock and
Potowmake River very easy for horses the pass being of easy
ascent and falls very easy to the westward, they report that they
went about 40 miles to the westward of the mountaines from
whence divers runs and brookes of water made into small rivers
they saw some new cabbins and much sign of Indians being near :
they did not perfect their discovery being so few in number.
Upon this discovery, it is said the Governr. will order the three
companies of Rangers and some small number more with a few
goods to perfect ye discovery very shortly they expect in Virginia
'tis not far from thence to the Charokees and some other great
Nations of Indians for they say that the Sinnagars make war
that way on great Nations of Indians they named some towns
to me but they have slipped my memory except those called the
Connanwas. It is probable that those runs and brookes make into
the head of Potowmake which it is said runs much further through
the mountains than any other river and Collo. Moore assures
me that there is no probability of a passage to the Charokees
that way which I heartily wish may be true for should there be
any expectations of their being furnished with goods from
Virginia it might prove of ill consequence to your Government.
These things cause many speculations in Virginia and some here
for that Governmt. is certainly a very politick and ingenious
gent, and looks as far as anybody. Some imagine this only an
amusement, that under the notion of discovering this pass they
make a more profitable discovery of a mine : For near there-
abouts a parcel of Palatines are settled in a town call'd Germanna,
some of which are miners and have given some hopes of mines
that way, and Coll. Mitchell your Engineer has given in some
propositions to the Treasury in England relating to mines which
have been communicated to the Governr. of Virginia. Others
think that the proffit upon skins is the utmost view for Indian
stock is now risen to 112 and 120 and 'tis said they have a large
stock, but certainly these don't conjecture right because the
Governr. who was the cheif promoter of it must certainly have
further prospects, which makes others beleive that this will be
the most readiest means of continueing him Governr. because of
the expectation some at home may have of being sharers in so
profitable a business as mining, and the buildings and projections
he makes may easily induce them in England to beleive there is
some considerable prospect of advantage that makes him thus
push forwards after such matters. Let it be as it will he has
gain'd himself the ill will of most of the leading men in Virginia,
he has dissolved the Assembly after a very unusual manner and
has superseded Collo. Ludwell Deputy to Auditor Blathwaite in
England. Coll. Ludwell is one of the Council and most of the
Councel are related to him, etc. Signed, Richd Beresford (i.e.
144
COLONIAL PAPERS.
1716.
[July 4.]
July 5.
Whitehall.
July 6.
St.. James's.
July 6.
St. James's.
as a true copy}. Endorsed, Reed. Read 26th June, 1717. 3 pp.
[C.O. 5, 1265. No. 68.]
244. Rowland Tryon, of London, merchant, to the Council
of Trade and Plantations. Proposes William Dottin for the
Council of Barbados, in the room of John Hallet, deed. Dottin
has always been a strenuous asserter of H.M. right and title, is
possessed of a very considerable clear estate in that Island,
noways ingaged in law-suits. Having had a liberall education
in this Kingdom, he was formerly preferred by Mr. Lowther to
be Judge there, but removed upon Mr. Lowther's being recall'd,
etc. Endorsed, Reed. Read 4th July, 1716. 1 p. [C.O. 28, 14.
No. 54 ; and 29, 13. pp. 337, 338.]
245 . Council of Trade and Plantations to the Lords Proprietor s
of Carolina. Some papers relating to the present scituation of
the affairs of South Carolina being referr'd to us, we desire your
Lordships will please to let us have as soon as you conveniently
can a particular account of the present state of that Province as
likewise what your Lordships have contributed on your parts
towards suppressing the Indian war, whether any provision be
made for the future security of the said country, further than what
has been given by the Crown. [C.O. 5, 1293. p. 22.]
246. Order of King in Council. Referring following to the
Council of Trade and Plantations for their opinion thereupon.
Signed, Robert Hales. Endorsed, Reed. Read 25th July, 1716.
| p. Enclosed,
246. i. Petition of Henry Thompson, on behalf of Lord A.
Hamilton, to the King. The Lord Hamilton is entirely
innocent of the crimes against the Spaniards on account
of which he lies under your Majesty's displeasure,
occasioned by the affidavits of Samuel Page and William
Arlington (v. Nos. 158 vi. vii. etc.). The said affidavits
are in a great measure groundless and malitious, etc.
Prays that Page and Arlington may be directed to enter
into securities before one of the Secretarys of State for
their appearance when the said accusations come before
H.M. Copy. 11 pp. [C.O. 137, 11. Nos. 25, 25 i. ;
and 138, 14. pp. 453-455.]
247. Order of King in Council. Referring following to the
Council of Trade and Plantations for their report. Signed,
Edward Southwell. Endorsed, Reed. Read 17th July, 1716. 1 p.
Enclosed,
247. i. Petition of Sir John Lambert to the King, in behalf of
himself and others late owners of the Count de Paix.
The said ship under the command of Capt. Lewis Doyer
was in Sept., 1713, richly laden at St. Domingo with
sugars, indigo, gold dust, amber greece etc. with orders
to sail to Havre de Grace in France. About two days
after her departure a cask of brandy, by accident
AMERICA AND WEST INDIES. 145
1716.
or the wilful act of the Captain took fire, which by the
diligence of Mr. John de la Croix pylot was extinguish'd
and during the time that he was extinguishing the fire,
the Capt. wilfully run the ship aground near the Island
of Henegua, where he went on shore and took with him
gold dust and amber greece and other valuable merchan-
dize. Some of the crew were sent to procure barks to
save her cargo. But some masters of sloops of Bermuda,
confederating with Lt. Governor Bennett, came and
forcibly broke up and plundered the said ship, frighted
the men away belonging to her, and robbed a brigantine
which they had procured for the purpose aforesaid of a
great quantity of the said ship's cargo which had been
laden aboard her. They carried the cargo of the
Count de Paix, to the value of about 20,000 sterl. to
Bermuda and disposed of it to their own uses, as well as
the ship etc. Petitioners are advised for relief to file
their bill in your Majesty's Court of Equity in Bermuda,
but that Governor Bennet and several others of the
confederates, who now are of the Council, being appointed
Judges of the said Court ought not to be Judges to deter-
mine the said cause, which petitioners are inform'd cannot
by any Act of that Island be heard until good security
be given in treble the sum sued for to pay costs, which
is impossible for petitioners to comply with, being no
inhabitants of the Island, but ready to give undeniable
security here. Pray that the Governor and other
confederates be instructed to put in their answer to
petitioners' bill in equity and that four Commissioners
be appointed to judge the cause, with liberty of appeal,
etc. Endorsed, Withdrawn. (v. Aug. 10.) 2 pp.
[C.O. 37, 9. Nos. 38, 38 i.]
July 6. 248. Order of King in Council. Confirming Act of Virginia,
St. James's. 1713, declaring what shall be accounted a sufficient seating, planting,
etc. Endorsed, Reed. 22nd Aug., Read 31st Oct., 1716. 1| pp.
[C.O. 5, 1317. No. 46 ; and 5, 1364. pp. 439, 440.]
July 6. 249. Order of King in Council. Referring following to the
St. James's. Council of Trade and Plantations for their report thereon.
Signed, Edward Southwell. Endorsed, Reed. Read 25th July,
1716. 1 p. Enclosed,
249. i. Petition of Col. William Partridge to the King. Prays
H.M. confirmation of some lands purchased by him in
New England in order to his settling the same, etc.
v. A.P.C. II. No. 1259. Copy. If pp. [C.O. 5, 866.
Nos. 90, 90 i. ; and 5, 915. pp. 1-3.]
July 6. 250. Order of King in Council. Referring following to the
St. James's. Council of Trade and Plantations for their report thereupon.
Signed, Edward Southwell. Endorsed, Reed. 19th, Read 25th
July, 1716. f p. Enclosed*,
Wt. 26355. C.P. 10.
146
COLONIAL PAPERS.
1716.
250. i. Petition of Capt. Priswick, in behalf of Joshua Jones of
Antego, to the King. Prays that Jones may be appointed
to the Council of Antego, he being fitly qualified and
having a very good estate in the Leeward Islands, etc.,
and there being several vacancies. Copy. 1 p. [C.O.
152, 11. Nos. 14, 14 i. ; and 153, 12. pp. 432-434.]
July 6. 251 . Col. Douglass to the Council of Trade and Plantations.
A scheme for settling the late French part of St. Kitts (v. June
22nd). Signed, L. C. Douglass. Endorsed, Reed. Read 6th July,
1716. 3pp. [C.O. 152, 11. No. 12.]
July 6. 252. Order of King in Council. Referring following to the
St. James's. Council of Trade and Plantations. Signed, Edward Southwell.
Endorsed, Reed. 16th July, Read 16th Aug., 1716. 1 p.
Enclosed,
252. i. Petition of Geo. Lyddale and Robt. Clayton to the
King in Council, on behalf of themselves and other
planters in the late French part of St. Christophers.
Pray H.M. to ascertain their tenure, etc. v. A.P.C. II.
p. 684. Copy. If pp: [C.O. 152, 11. Nos. 16, 16 i. ;
and 153, 12. pp. 437-439.]
July 6. 253. Order of King in Council. Referring representation
St. James's. U p O n stores of war wanted in the Leeward Islands to the Board of
Ordnance for an estimate and their opinion thereupon. Signed,
Edward Southwell. Endorsed, Reed. 8th, Read 16th Jan., 17}f.
1 p. [C.O. 152, 11. No. 37 ; and 153, 12. p. 481.]
July 6. 254. Order of King in Council. Approving representation
St. James's. o f April 20, and appointing Willm. Carter to the Council of
Barbados. Examined pr. William Sharpe. Endorsed, Reed.
22nd Aug., Read 31st Oct., 1716. 1 p. [C.O. 28, 14. No. 51 ;
and, 29, 13. pp. 345, 346.]
July 6. 255. Order of King in Council. Approving representation
St. James's. o f June 28th. The Council of Trade and Plantations upon
the first vacancy in the Council of Barbados, after the determin-
ation of the cause depending before the Governor and Council
between him and Sir John Colleton, are to present the said John
Colleton to this Board in order to his being appointed one of H.M.
Councill in the said Island. Signed and endorsed as preceding.
H PP- [C.O. 28, 14. No. 58 ; and 29, 13. pp. 346, 347 ; and,
(endorsed, Reed. Read 16th May, 1717) 28, 15. No. 7 ; and 29,
13. pp. 375, 376.]
July -/-. 256. I. Dallens to the Directors of the Dutch West India
Rio Essequebe, Company. Signed, Is. Dallens. Endorsed, Read 20th Oct.,
1716. Dutch. 2pp. [C.O. 116, 21. No. 153.]
Fort
Kykoveral.
July 10. 257. Council of Trade and Plantations to the Lords Corn-
Whitehall, missioners of the Treasury. Enclose accounts of office expenses
AMERICA AND WEST INDIES.
147
1716.
from Xtmas to Midsummer. There was then 9 months salary
due to this Commission and six months to the Secretary and under
officers, etc. Accounts, certified, annexed. [C.O. 389, 37. pp.
122-124.]
[July 10.] 258. The Merchants' reply to Mr. Gary's answer (July 3) to
their objections to the Act for regulating the Indian trade in
Virginia. Endorsed, Reed. Read 10th July, 1716. 2 pp.
[C.O. 5, 1317. No. 40.]
[Tuly 10.] 259. An account of skins imported from Virginia, Christmas,
1706-1709, and 1712-1715. Endorsed, Reed, (from Mr. Gary)
Read 10th July, 1716. 6 pp. [C.O. 5, 1364. Nos. 39 o-39 /.]
July 11. 260. Lt. Governor Spotswood to the Council of Trade and
Virginia. Plantations. Abstract. Refers again to Mr. Ludwell's suspension
and his malicious talent. He offered him his charge against
him the day it was finished, requiring his answer, which is in
accordance with H.M. Instructions, etc. Signed, A. Spotswood.
Endorsed, Reed, llth Sept., 1716, Read 23rd Aug., 1717. 2pp.
[Printed, V.H.S.C., Spotswood Papers, II. 175. [C.O. 5, 1318.
No. 20; and 5, 1364. pp. 497-500.]
July 12. 261. Governor Hamilton to the Council of Trade and
Antigua. Plantations. Repeats June 28. Continues : I now send an
Act which I past the other day, to prohibitt the importation of
French and other forreigne sugar, rum, cotton, or molasses into
this Island, the necessity of which Act will appear to your Lord-
ships from the reasons given in the preamble thereof, and there-
fore I shall not trouble your Lordships with a repetition of them,
or assigne any other reason, hopeing that what is mentioned in
the said preamble, will not only justify my passing the same, but
engage your Lordships to gett H.M. assent thereto, it being
what I hope will not only prove beneficially to H.M. interest
here, but also to the good of the Collony. In my former, I
forgott to acquaint your Lordships that Mr. Barry Tankerd a
member of H.M. Councill for this Island has desired to be excused
from any farther attendance at the Councell board, he alledging
that his private bussiness will not permitt him any longer to
attend the publick affaires, which obliged me to dismiss him from
his place at that board, and to swear Mr. Archibald Cochran in his
roome, to the end the publick bussiness might not suffer for want
of a Quorum, which untill he was sworne could hardly be made,
and indeed it now sometimes happens, that wee are but bearly
a Quorum, many of the members being absent, and Coll. Richard
Oliver lately dead, which I doubt will likewise oblige me verry
speedily to swear another person as a member of that board,
which I hope will not be disagreeable to your Lordships, in regard
I have nothing in view but H.M. sesvis, and the publick good of
the Collonies. Mr. Cochran is not only a Gentleman of sense and
a good estate in this place, but is zealously affected to H.M. person
and Government, and therefore I must beg that your Lordships
148
COLONIAL PAPERS.
1716.
will gett him aproved of by H.M. etc. Signed, W. Hamilton.
Endorsed, Reed. 8th Sept., 1716, Read 5th April, 1717. 1| pp.
[(7.0. 152, 11. No. 55 ; and 153, 13. pp. 9-11.]
[July 12.] 282. Governor Shute to the Council of Trade and Plantations.
A list of persons recommended for the Council of New Hampshire :
William Vaughan, Nathaniel Weare, John Plaisted, Richard
Waldron, Samuel Penhallow, Mark Hunkin, John Went worth,
Joseph Smith, Theodore Atkinson, Richard Gerrish, George
Jeffrys, John Frost. Signed, Samll. Shute. Endorsed, Reed.
12th, Read, 17th July, 1716. 1 p. [C.O. 5, 866. No. 89.]
July 12. 263. Order of H.R.H. the Prince of Wales, Guardian of the
St. James's. Kingdom, etc. Appointing Col. Francis Bond to the Council of
Barbados in the room of John Hallet, deed. Signed., Wm.
Sharpe. Endorsed, Reed. 22nd Aug., Read 31st Oct., 1716. 1 p.
[C.O. 28, 14. No. 59 ; and 29, 13. p. 348.]
July 13. 264. Warrant by H.R.H. the Prince of Wales, Guardian of
St. James's, the Kingdom, appointing William Carter to the Council of
Barbados, in the room of John Pilgrim, deed. Countersigned,
P. Methuen. [C.O. 5, 190. p. 352.]
July 13. 265. Council of Trade and Plantations to Mr. Secretary
Methuen. In reply to June 22, upon Col. Douglass' proposal,
quote from Representations of 3rd May, 1715, proposing that
Commissioners be sent for settling the disposal of lands in the
late French part of St. Christophers, etc. Continue : But by
information we have since receiv'd from the Govr. and others,
we are indue 'd to believe it would be more to the advantage of the
Crown if these lands were sold here to the highest bidder or
granted upon quit-rents under such limitations as are propos'd
in our foresaid Representation, especially since in this interval of
time, those lands are so much better known to many persons
in this Kingdom than they were formerly. And this method
we take to be better than disposing of them by Commissrs.,
which would be not only more chargeable but also more dilatory ;
and here we must observe that H.M. Revenue has already con-
siderably suffer'd by delaying the settlement of that Island,
since the Peace ; for had this settlement been then made, we
have reason to believe, that by this time it would have encreas'd
H.M. Revenue of the Customs between 30 and 40,000 pr. ann.,
to wch. we must also add that an increase of people in that Island
will be an addition of strength and security to the rest of H.M.
Leeward Caribbee Islands. As to Col. Douglass's proposal we
are not able to report more particularly upon it, till directions
are given how these lands are to be dispos'd of. [C.O. 153, 12.
pp. 425-427.]
July 13. 266. Council of Trade and Plantations to Mr. Secretary
Whitehall. Methuen. Representation upon Mr. Popple's petition (v. 28th
June). We desire you will please to represent our humble opinion
AMERICA ANt) WEST INDIES. 149
1716.
that not only Mr. Popple's long and diligent services in this
Office, but his constant adherence to and his particular zeal for
the interest of the Protestant Succession in H.M. Royal Family
do recommend him to H.M. gracious favour. And as the Peti-
tioner has been many years imploy'd in the business of the
Plantations, and done the Publick considerable service therein,
we conceive H.M. favour to him in this particular may not be
drawn into a precedent upon any other application for the like
grant, and are therefore humbly of opinion that if H.M. shall be
graciously pleas 'd to gratify the petitioner according to his
request, it will be a reward very well bestowed for diligent and
faithfull services. 2 pp. [C.O. 239, 1. No. 26 ; and 153, 12.
pp. 427, 428.]
July 14. 267. Deposition of Robert Daniell, Depty. Governor of
South Carolina. I renewed the commission of Captn. Mathew
Musson to take pirates etc., the commission he had from the Lord
Hamilton being nearly expired, and he intending to cruise about
Cape Florida a station now much frequented by pirates. I
added a further power against the Yamasees and other our
Indian enemies who were likely to be mett with upon that coast.
Having intelligence of severall pirates lying amongst the Bahama
Islands, he mett there one Perrin from Virginia on board a sloop
in which Hornigold the pirate sailed and which he took last
winter from the Spaniards, having on board sundry goods which
Perrin pretended to have bought of Hornigold. Musson seized
the sd. sloop and sent Perrin in a sloop properly owned by him
and the sd. goods under command of Joseph Carpenter to this
Governmt. in order to be 'prosecuted for his clandestine and
illegall trade. Mr. Carpenter came to anchor to the southward
a little of Mr. Gibbon's Bridge and coming ashoare to give me
an account of his proceedings, in the mean time Mr. Wigg went on
board and commanded the hatches to be opened which the sailors
refused adding that their orders were to the contrary. About
9 of the clock that morning Col. Rhett and Wigg came and
informed me the sailers threatned to knock out the braines of
any that should offer to open the hatches till orders from the
Governour in whose custody she then was, and by whose Commis-
sion she was seized. I answered that the sailers were commanded
to keep the hatches fast, and as for their ill language I believed
Coll. Rhett pretty well knew the nature of a common sailer whose
prejudiced education may plead for the rudeness tho' no way
justifye it, and that he might send on board what officer he
pleased to prevent any imbezlemts. and that I would send the
Marshall of the Admiralty on board likewise. Rhett answered
that he would take the vessell and goods into his custody and
carry the goods on shoar to secure the King's part. I replyed
I was under the same obligations to see that the King's interest
was secured, and therefore would not permitt Col. Rhett, or any
body else to take the goods out of the sloop, etc. They departed
as I thought contended. I ordered Nathl. Partridge, Marshall
of the Admiralty, to go on board and take care accordingly.
150 COLONIAL PAPERS.
1716.
In the afternoon he informed me that Capt. Howard, Coll. Rhett,
Wigg and a great many of Capt. Howard's men with armes and
hand granadoes came on board and having broke open the
hatches were taking out all the goods. I went upon the Bay
and saw Capt. Howard's long boat and pinace and the Custome-
house boat on board in which Howard, Rhett and Wigg with a
great many others went to take away the goods aforesd. Here-
upon I immediately sent for Capt. Porter and the Town Captns.
and ordered the flagg out at Granvill's Bastion, some guns to be
loaded, and the Companies to be called to armes, which was
quickly done, there being instantly in armes I beleive abt. 140
men. I went down to the end of Mr. Gibbon's Bridge and called
to Capt. Howard and Coll. Rhett to come on shoar of which Capt.
Howard tooke no notice. But as for Rhett he draws his sword
and flourishing it severall times sett up a Huza at me and put off
from the sloop in their boats. Upon this I ordered Capt. Porter
to through a great shott over them to bring them too, which
Capt. Howard no way heeding keep rowing to his ship which lay
at the end of Rhett's bridge, but Rhett being in his usuall trim
stood up in the boat, and with his continued drawn sword in one
hand and his hat in the other being in a perpetuall deriding
motion flourishing both at me bringing up every now and then
the chorus of his attempt and disdain with a Huzzah. But
having still hopes of bringing them to their obedience and reason
I ordered the soldiers to fire over and before them all wch. proved
ineffectuall Capt. Howard's boat getting safe on board with the
goods. Capt. Rhett continuing his aforesd. postures with an
additionall turn as I am informed of his backside to me, but dare
not affirm it for a truth because I have not seen this last part of
his anticks, before he gott on board reced. a shott I hear in his
side, and not another touched I think. I resolved to go on board
Capt. Howard to expostulate with him and demand Coll. Rhett,
and accompanied only by Geo. Rodd came within five or six feet
of the side. The man of war Lieut, being a little before the
entring place presented a gunn at me and swore God damn him
if I offered to come on board he would shoot me and againe
repeated his damncon if he did not. This salutation made me
look Capt. Howard full in the face who stood at the entring place
with a drawn sword in his hand, wch. pointing at me in a surly
manner said, what would you have. This unexpected reception
made me smile and turned back again without speaking a word
with intent to return to the men. I had but just returned from
the ship when I heard Coll. Rhett say I will kill the old Rogue
let me goe God damn me I will kill the Dogg. I saw him with a
drawn sword in his hand strugling with Capt. Howard to gett
over the side, etc. Rhett presently laid a shovell, which he had
picked off the bridge, upon Mr. Rodd with all his might. Rodd
made a shift to put by the fury of so unexpected an assault with
his drawn sword and beleive out of a principle of good nature
spared Rhett's life which he had then in his power. Sworne in
Councill, 14th July, 1716. Signed, Robt. Daniell. 3 pp. [C.O.
5, 387. No. 5.]
AMERICA AND WEST INDIES. 151
1716.
July 14. 268. (a) Warrant for committing James Fellows Lt. of H. M.S.
S. Carolina. Shorehum (v. July 19) for abusing and threatening to kill the
Governor, calling all the inhabitants pirates, and assaulting
Joseph Swaddle, etc. Charleston, July 12th, 1716. Signed,
Geo. Rodd, H.M. Attorney General.
(6) Deposition of Nathl. Partridge, Marshal of the Admiralty
of South Carolina, as to Col. Rhett and Capt. Howard breaking
open the hatches of the sloop Betty, etc. as above. July 14, 1716.
Signed, Nath. Partridge.
(c) Deposition of George Rodd, Attorney General of South
Carolina. Confirms Governor Daniel's account supra. July 14,
1716. Signed, Geo. Rodd.
(d) Deposition of Thomas Hepworth, Capt. of Militia, Charles-
town. The Governor ordered him to bring his company to
Gibbon's Bridge, where after Coll. Rhett and Capt. Howard had
refused to bring to and come ashore at the Governor's command,
they fired towards the boat etc., ut supra. 14th July, 1716.
Signed, T. Hepworth.
(e) Deposition of Joseph Swaddell, South Carolina, 14th July,
1716. On July llth, Lt. Fellows, after abusing deponent and
the Governor for an old rogue and pirate, and threatening that
as soon as they got into the river, they would make the Govern-
ment shake (with the Shoreham's guns), struck deponent for
saying he would take the Governor's part, etc. (v. 19th July.)
Signed, Jos. Swaddell.
(/) Deposition of Antho. Mathewes, Charlestown, July, 14, 1716.
Confirms (b) and (d) above and Governor Daniel's account.
(g) Deposition of Capt. Matthew Porter, Commander of the
Forts of Charlestown, 14th July, 1716. Confirms preceding.
(h) Deposition of Joseph Swaddell, South Carolina, 14th July,
1716. Confirms preceding. Rhett called the Governor " old
Rouge old Dog old Crooked back Lurkenburg Dog," etc. Signed,
Jos. Swaddell.
(i) Deposition of David Bourke of Charlestown, 14th July, 1716.
About the beginning of May last deponent arriving in Charlestown
in a sloop from St. Augustine, Edward Brookes, Surveyor, and
Richard Wigg, Searcher and Surveyor, came on board and seiz'd
several goods for want of due certificates to be produced (-they
alledg'd) for the exportation of the goods, amongst which there
were five peeces of broad black silk bone lace. Deponent told
Wigg not to carry away that foolish parcell of lace, for that it
belonged to Mrs. Delamore, upon which Wigg answered : Take it
back againe for she will scold more than its worth. Signed, Dad.
Bourke.
(j) Deposition of Capt. Thomas Walker of Charlestown, 16th
July, 1716. Confirms (/) (g) etc. Signed, Tho. Walker.
(k) Deposition of William Gibbon of Charlestown. Confirms
preceding. Signed, William Gibbon.
(I) Deposition of Andrew Allen. Confirms preceding. Signed,
Andrew Allen. The whole endorsed, Reed, from the Agent for
South Carolina. 10 pp. [C.O. 5, 387. No. 9.]
152 COLONIAL PAPERS.
1716.
July 17. 269. Warrant of H.R.H. the Prince of Wales, Guardian of
St. James's, the Kingdom, directing Governor Hey wood to annul a grant made
by Lord A. Hamilton of the escheated estate of Anna Williamina
Bernarda Kupius, in Jamaica, to Edward Pennant and Anthony
Swymer, and to grant it to Edward Nichols, (v. A. P.O. II. No.
1284.) Countersigned, P. Methuen. [C.O. 5, 190. pp. 353-355.]
July 18. 270. Council of Trade and Plantations to Mr. Secretary
Whitehall, stanhope. Enclose following :
270. i. Draught of Instructions for Samuel Shute, Governor of
the Massachusets Bay. In the usual form, but clause
4 runs : ' You shall yourself take and also administer
unto each of the Members of H.M. Council, as well the
oaths appointed by Act of Parliament to be taken
instead of the oaths of Allegiance and Supremacy
and the oath mentioned in an Act pass'd in the first
year of H.M. reign, for the further security of H.M. person
and Government, etc. ; as also make and subscribe,
and cause them to make and subscribe the Declaration
mentioned in an Act of Parliament made in the 25th
year of K. Charles II., for preventing dangers which may
happen from popish recusants ; together with an oath for
the due execution of your and their places and trusts,
as well with regard to the equal and impartial adminis-
tration of justice in all causes that shall come before you,
as in all other matters. And you are likewise to take the
oath required to be taken by Governors of Plantations,
to do their utmost that the laws relating to the Planta-
tions be observed."
270. ii. Draught of Instructions for Samuel Shute, Governor
of New Hampshire. Clause 4 ut supra.
270. iii. Draught of Instructions for Governor Shute relating
to the Acts of Trade and Navigation. In the usual
form. [C.O. 5, 914. pp. 373-502 ; and (incomplete,
30 pp.) 5, 752. No. 12 ; and 5, 189. pp. 185-296.]
July 19. 271. Mr. Secretary Methuen to the Council of Trade and
Whitehall. Plantations. Encloses following. Concludes : I desire you will
represent him to H.M. in Council as a person fitly qualified for
this trust, if you have no objection thereto. Signed, P. Methuen.
Endorsed, Reed. Read 19th July, 1716. 1 p. Enclosed,
271. i. Joseph Micklethwait to H.R.H. the Prince of Wales,
Guardian of Great Britain, etc. Recommends Col.
Francis Bond for the Council of Barbados in the room
of John Hallett, deed., etc. Copy. 1 p. [C.O. 28, 14.
Nos. 55, 55 i. ; and 29, 13. pp. 339-341.]
July 19. 272. Council of Trade and Plantations to Mr. Secretary
Whitehall. Methuen. We have no objection to Col. Francis Bond being
appointed to the Council of Barbados, etc. [C.O. 29, 13. pp.
338, 339.]
AMERICA AND WEST INDIES. 153
1716.
July 19. 273. [? Lt.] James Fellows to Mr. Burchett. Describes
Shorekam, Lt. Governor Daniel's firing on Capt. Howard and Col. William
CroptrRiver, Khett, Depty. Surveyor Genl. of H.M. Customes, and directly
South Carolina, upon H.M.S. Shoreham with her colours flying, etc. Cf. July 14th
supra. I presented my muskett at the Governour and call'd
him an old Rogue and told him that if he advanced one step
further towards the ship, I would shoot him, etc. On the llth,
being ashore and finding one Joseph Swaddle (one of the crew),
who had been ashore on the 4th and fired at Capt. Howard, I
struck him in the face, he immediately returning me severall till
the Marshall at whose house we were parted us. The Governour
being brought and recognising me, immediately ordered me to
be put in irons and without any other writ or order for my
commitment. I was that night put in irons, where he kept me
till the 13th, tho Capt. Howard had demanded me of him, but
said he would send me to England in irons being as his lawyer said
guilty of High Treason, in calling him old Rogue and threatening
to shoot him, but on the 13th I removed myself by a Habeas
Corpus by giving bail for my appearance at the tryal and for my
future good behaviour. Signed, James Fellows. Copy. 4| pp.
[C.O. 5, 387. No. 6.]
July 19. 274. Order of H.R.H. the Prince of Wales, Guardian of the
St. James's. Kingdom, etc., in Council. Referring following to the Council
of Trade and Plantations for their report. Signed, Robert Hales.
Endorsed, Reed. Read 25th July, 1716. |- p. Enclosed,
274. i. Board of Ordnance to H.R.H. the Prince of Wales.
17th July, 1716. The acct. of the stores remaining in
the Leeward Islands (v. 22nd Jane) is so imperfect that
we can't make a true estimate of the charge of what are
demanded, but as near as we can guess they may come
to about 2,343 14s. 6d. 10,492 Qs. 5d. is due to this
office for stores supplied those Islands since 1702 (v.
12th June), which was order 'd to be paid out of the duty
of 4| p.c. Parliament having given no money to this
office for such service, we humbly conceive if the Islands
can't supply themselves at their own charge with stores
of war, as they used to do, then their particular demands
should be laid before the Parliament, and the rather
because it does seem unto us, that the stores which
have been sent within the time abovementioned, have
been fully sufficient for any occasion that has happen 'd
there, had there been due care taken in the expence and
preservation thereof, for want of which their demands
have very much exceeded in proportion to other parts
of H.M. Dominions ; and as these Islands are not in the
charge of any of H.M. Officers that are accountable to
this Office ; it is our humble opinion that they should
not only explain the demand they now make, but also
be oblig'd to give an account in what manner they have
expended so much as has been already granted them.
Signed, Tho. Erie, M. Richards, Tho. Frankland, John
154 COLONIAL PAPERS.
1716.
Armstrong. Copy. 2pp. [0.0.152,11. ^05.13,13
i. ; and 153, 12. pp. 429-431.]
July 20. 275. Governor Lowther to the Council of Trade and Planta-
Barbados. tions. My last to your Lordshipes bears date the 30th of Dec.,
since which I have not been favour'd with any of your commands,
however, I had done myself this honour long before now, if Mr.
Morris who commands H.M.S. the Roebuck had return 'd to
England at the time he was directed by the Lords of the Admir-
alty, for as we alway's endeavour to send our dispatches of this
kind by some of the Commanders of H.M. shipes, so Mr. Morris
having continued here so long beyond expectation, is the reason
your Lordshipes had not the accounts and papers contain 'd
in the inclos'd schedule transmitted you sooner ; your Lordshipes
have also here inclos'd two packets directed for the King of Spain ;
as they accidentally fell into my hands, I thought I could not do
better than to send them to your Lordshipes in order to be
dispos'd of as you shall think fit : I am unacquainted with the
contents of them, but do imagine they are publick papers and
accounts that relate to the Kingdom of Peru : I have likewise
taken the liberty to inclose a packet directed to the Principal
Officers of H.M. Ordnance which I desire your Lordshipes to send
them by one of your Messengers. Signed, Rob. Lowther. En-
dorsed, Reed. 19th Sept., 1716, Read 16th Oct., 1717. Holograph.
1 p. Enclosed,
275. i. List of papers enclosed in preceding. Same endorse-
ment. 1 p. [C.O. 28, 15. Nos. 19, 19 i. ; and (without
enclosure) 29, 13. pp. 410-413.]
[July 20.] 276. List of white inhabitants in the respective parishes of
Barbados, 1715. Names and ages. Enclosed in preceding.
Endorsed, Reed. 19th Sept., 1716, Read 16th Oct., 1717. 303 pp.
[C.O. 28, 16. No. 2.]
July 21. 277. Sir E. Northey to the Council of Trade and Plantations.
Has no objection to the Act of Nevis to settle the estate of Thomas
Herbert, etc. (v. 19th June), etc. Signed, Edwd. Northey. En-
dorsed, Reed. 27th July, Read 8th Aug., 1716. 1 p. [C.O. 152,
11. No. 15 ; and 153, 12. pp. 434, 435.]
July 21. 278. Lt. Governor Tailer to the Council of Trade and Planta-
Boston, in tions. Sends by Mr. Woodward, Secretary of the Massachusetts
England. jj a y ? Acts and Sessional papers etc. since his acting as Governor,
etc. Signed, Wm. Tailer. Endorsed, Reed, (from Mr. Woodward)
10th Oct., 1716, Read 21st May, 1718. 2 pp. [C.O. 5, 866. No.
147; and 5, 915. p. 119.]
July 24. 279. Sir John Lambert to the Council of Trade and Planta-
tions. I owne the favour of yours, and would have personally
attended your Lordships, etc., but I am advised to goe into the
country for the recovery of my health, and therefore have com-
mitted the care of my buisness to Mr. John Moller and Mr. Pye
AMERICA AND WEST INDIES. 155
1716.
my sollicitor, etc. Signed, John Lambert. Endorsed, Reed.
Read July 25, 1716. 1 p. [C.O. 37, 9. No. 39.]
[July 25.] 280. (i.) Certificate by Lt. Governor Spotswood. Win.
Richardson, master of the sloop Susanna of Bermuda, was
accused by John de la Croix mate of Le Count de Paix, belonging
to the Royal French Company of Senegal, of robbing him upon
the high seas (v. following). On the trial of the Susanna Richard-
son did own that he took out of the French wreck at Heneagua
goods which he sent to Bermuda, etc., consigned to Wm. Joell sr.,
etc. The goods found in the possession of Richardson and Wm.
Joell jr., and supposed to be part of the merchandizes taken out
of the wreck, are by decree of the Court of Vice-Admiralty sold,
and the produce secured for the benefit of such persons as shall
within 1 8 months make due proof of the property thereof pursuant
to the xxxiii. Article of the Treaty of Commerce, etc. 26th Feb.,
1713 (14). Signed, Alex. Spotswood. Copy. 3 pp.
(ii.) Minute of Council of Virginia. 24th Nov., 1713. It
appearing very improbable that Richardson (v. supra) should
bring along with him a person upon whom he had committed
piracy, it is the unanimous opinion of the Council that the single
testimony of John de la Croix is not sufficient proof. But
forasmuch as it hath appeared that Richardson hath made a
false entry of the goods imported in the Susanna etc. ordered that
he be prosecuted before the Court of Admiralty etc. Copy.
1| pp.
(iii.) Deposition of Michael Alysha, surgeon, and Abra. Urquhart,
late of Bermuda, 25 July, 1716. Deponents heard Lt. Governor
Pulleine declare that if he had arrived one month sooner he
would have had for his share of the goods taken out of the Count
de Paix 1,500, and these came to the hands of Mr. Bennett, etc.
Signed, Michael Alysha, Abra. Urquhart. Copy, f p.
(iv.) Deposition of Edward Jones, 25th July, 1716. Corroborates
preceding. Capt. John Pennyston, master of a sloop, told depo-
nent he had brought goods from the French ship to the value of
6,000 to Bermuda, and that he would not have come into the sd.
Island, had not his owners first made terms with Mr. Bennet.
Capt. Pennyston advised with deponent what measures to take
for that Col. Wm. Otterbridge, one of the Council and one of the
owners of Pennyston's sloop, had together with the rest of the
owners arrested Pennyston for goods taken out of the French
ship and carried to another port, and filed a bill against him in
the Court of Chancery in Bermudas upon that account. Deponent
maketh oath that there is an Act of Bermuda that any person
that is not an inhabitant of the said Island shall [? not] sue any
inhabitant until security be given in treble the sum sued for to
pay costs, etc. Capt. Leonard White, one of the Council, hath
received considerable quantities of goods taken out of the French
ship for his dividend. All the Council belonging to the Court of
Equity are nominated and appointed by Mr. Bennet excepting
two, etc. Signed, Edwd. Jones. 3f pp. Copy. The whole
endorsed, Reed. Read 25th July, 1716. [C.O. 37, 9. Nos. 40-43.]
156
COLONIAL PAPERS.
1716.
July 25.
Whitehall.
July 25.
Whitehal.
July 26.
281 . Mr. Popple to Mr. Lowndes. Desires an account of the
annual net produce of the duty of 4| p.c. in the Leeward Islands
since 1702. [C.O. 153, 12. p. 432.]
282. Mr. Popple to Mr. Attorney General. Encloses copies
of reference and petition of Henry Thompson, etc., July 6th, and
desires opinion by to-morrow morning whether petitioner's request
may be granted, and the proper method of doing it according to
law. [C.O. 138, 14. pp. 455, 456.]
283. Sir E. Northey to Mr. Popple. Reply to preceding.
I am of opinion the Ld. Archibald Hamilton may by an Act of
K. William III. be prosecuted in ye Court of King's Bench for his
misbehaviours as Governor of Jamaica and in order to that it
may be proper for a Secretary of State or other magistrate to take
Page and Arlington's recognizances to appear there and give
evidence, etc., but witnesses cannot be obliged to give other
security then their own recognizances for such appearance, etc.
Signed, Edw. Northey. Endorsed, Reed. 27th, Read 28th July,
1716. \p. Overleaf,
283. i.-v. Duplicates of Nos. 282, 158 v., vi., and 246, 246 i.
[C.O. 137, 11. Nos. 26, 26 i.-v. ; and (without enclos-
ures) 138, 14. p. 457.]
[July 25.] 284. Memorandum of patterns of cloth dyed with Carolina
and Spanish cochineal. Endorsed, Reed, (from Mr. Gaudin) 25th
July, 1716. \p. [C.O. 5, 1265. No. 34.]
[July 25.] 285. [Stephen Gaudin to the Council of Trade and Plantations.]
The Comittee apointed by the Parliament to inspect into the
miscariages and to prepare a Bill to resume the grants of Pro-
prietary Governments seemed somewhat at a loss how to fix
proper causes and reasons for the doing thereof. Those concerned
therein by their authority, craft and influence on those as are
best able to inform the Comittee of the most material reasons for
so doing, stiffling continualy ye evidence etc. As a British
Merchant I humbly offer what I think most weighty, and what I
hope weighs most with all lovers of their country, the improve-
ment of the Navigation and encouragement of the manufactures
of Great Brittain. Upon this account I believe that all those
Charters do provide that they shall not make any laws in those
Colonies that are repugnant to the laws, constitutions, or
advantage of Great Brittain upon forfeiture of those Charters.
Now what can be more repugnant to ye laws and advantage of
Great Brittain then to burthen by unequal taxes the manu-
facturer, the trade, and shipping of Great Brittain, whom
they call strangers in respect to themselves. Thus in Carolina
and Pensilvania, Maderas and Fyall wines, which are ye product
of the wooling manufactures of Great Britain, att ye first it
pays double duty, and at ye last much more then that, if it
belong'd to old England men, than if it belongs to livers in the
place. The like impositions are laid upon ye shipping of such as
AMERICA AND WEST INDIES.
157
1716.
July 26.
Whitehall.
July 27.
St. James's.
are not built in thosse places to encourage their own building,
and thus Brittish merchants are treated as foraingners in their
own Colonies, contrary to the known laws of ye Realm. A
duty is likewise laid upon the importations of English manu-
facturies to encourage their own, so that it was in vain that the
Parliament of England to encourage our exportation tooke away
the small duty our wooling manufacture was charged with. Now
the Lords Proprietors by ratifying such acts of their Assemblys do
ipso facto forfeit their Charters, elce they may truely be termed
Independents of the Crown and Laws of Great Britain, as is often
asserted in those Assemblys. Endorsed, Reed. Read 25th July,
1716. 1$ pp. [.0.5,1265. No. 35.]
286. Mr. Popple to Col. Partridge. The Council of Trade
and Plantations desire to speak with you, Mr. Dummer and Mr.
Belcher, at ten of the clock on Tuesday morning, and that you
then come prepared to make good the severall allegations of your
petition, (v. July 6th), and produce what power you have from
Mr. Toppan to make this proposal, and a scheam of the manner
of your intended settlement, and how you intend to put it into
execution. [C.O. 5, 915. p. 4.]
287. Lords Proprietors of Carolina to the Council of Trade
and Plantations. Reply to July 5th. By the blessing of God a
happy Peace is at last concluded between the inhabitants of
Carolina and the Cherike and other Indian Nations, bordering
upon that Province ; H.M. was graciously pleased upon our
humble petition and representation to him of that calamitous
war, to give his Royal orders for arms and ammunition to be sent
thither, to the relief of the inhabitants, and we having at that time
receiv'd effects from thence, we order'd the same to be immediately
dispos'd off, and the produce thereof was laid out in arms,
ammunition etc. wch. was forthwith sent thither, and as we
have since receiv'd intelligence from our Officers are safely arriv'd
in Carolina ; by the great assistance the inhabitants receiv'd
by these arms being sent from hence, and the great diversion the
Cherike Indians (who came after their alliance with us into our
side) gave the enemy the Yamasee and Creek Indians, who
first began this cruel war, were almost entirely cut off and
destroy 'd, and a Peace is with the greatest Nations of Indians
concluded, which we have all imaginable reason to hope will
continue to be lasting ; for by the powerfull assistance they may
constantly expect from the Cherikes and the great supply of
warlike provision the Province has receiv'd from Europe, they
will be able upon any great emergency to arm their negroes,
and by these means, they will be impower'd to resist a greater
force than the Indian enemy will in all humane probability be
able at any time to bring against them. We have given leave to
our Govr. to come home for a short time, he is ready to give yor.
Lordships an accot. how the war began, what peace he has
concluded, and what care the Province has taken to prevent
the sudden incursions of the Indians for the future. Signed,
158 COLONIAL PAPERS.
1716.
Carteret, P., Ja. Bertie for Beaufort, J. Colleton, Fulwar Skipwith
for Craven, J. Danson. Endorsed, Reed. 27th July, 1716,
Read 8th May, 1717. Autograph signatures. 2 pp. [(7.0. 5,
1265. No. 62 ; and 5, 1293. pp. 91-93.]
July 28. 288. Council of Trade and Plantations to H.R.H. the Prince
Whitehal. o f Wales. Reply to July 6th. We are humbly of opinion that
the petition (of Henry Thompson) desires no more than what
is just and reasonable. Enclose Attorney General's report, July
26th. [C.O. 138, 14. pp. 457, 458.]
July 28. 289. Warant of H.R.H. the Prince of Wales, Guardian of
Hampton the Kingdom, appointing William Dummer Lieut. Governor of
the Massachusets Bay. Countersigned,, P. Methuen. [C.O.
5, 190. pp. 356, 357.]
July 28. 290. Warrant of H.R.H. the Prince of Wales, Guardian of
St. James's, the Kingdom, appointing Francis Bond to the Council of Barbados
in the room of John Hallett, deed. Countersigned, P. Methuen.
[C.O. 5, 190. p. 357.]
[July 31.] 291 . Wm. Partridge to the Council of Trade and Plantations.
Encloses following, etc. (v. July 26). Signed, Wm. Partridge.
Endorsed, Reed. Read 31st July, 1716. 1 p. Enclosed,
291. i. Abstract of following. Endorsed as preceding. If pp.
291. ii. Copy of deed of sale of lands by Indians to Walter
Phillips, Feb. 15, 1661. Signed, Josle and Agithe
(Totem marks).
291. iii. Copy of deed of sale of lands by Indians to Walter
Phillips, Jan. 19, 1662. Signed, Wittinose, and Erie
Dugles (Totem marks). 1 p.
291. iv. Copy of deed of sale of lands by Erie Dugles to Walter
Phillips, 28th Dec. 1674. Signed, Erie Dugles (Totem,
mark). 1 p.
291. v. Copy of deed of sale of lands in Nos. ii. and iii. supra, by
Walter Phillips to Christopher Toppan, Nov. 10, 1702.
Signed, Walter Phillips. 1| pp.
291. vi. Copy of deed of sale of lands in No. iv. supra, by
Walter Phillips to Christopher Toppan, Nov. 10, 1702.
Signed, Walter Phillips. 1| pp.
291. vii. Copy of deed of sale of half the above lands by
Christopher Toppan to William Partridge, Nov. 18,
1715. Signed, Christopher Toppan. 2 pp.
291. viii. Copy of deed of sale of lands by Daniel and Dick
Swash, Sagamores, to Elizabeth Gint, Jan. 3rd, 1662,
etc. 1^ pp.
291. ix. Copy of deed of sale by Thomas Jent (son of Elizabeth
Gint No. viii.), of above lands (No. viii.) to Wm.
Partridge, Jan. 10, 1715. Signed, Thomas Jent. 3 pp.
[C.O. 5, 866. Nos. 91, 91 i.-ix.]
AMERICA AND WEST INDIES.
159
Aug. 1.
1716.
July 31. 292. Thomas Dod to Mr. Popple. Mr. Blathwayt being
Whitehall, informed that complaint hath been made against Col. Ludwell
his Deputy in Virginia by the Governor of that Colony, desires a
copy thereof. Signed, Tho. Dod. Endorsed, Reed. 31st July,
Read 8th Augt., 1716. f p. [C.O. 5, 1317. No. 42 ; and 5,
1364. p. 403.]
293. Lords Proprietors of Carolina to the Council and
Assembly of North Carolina. Abstract. Have received the laws
recently revised by them. Take notice " how unreasonably you
concern yourselves in matters relating only to us, which is our
property, vizt. you would in a clause of your last Act oblige our
Receiver to take your bills for purchasing our lands, and for the
payments of the small quit-rents we have reserved by the deeds of
sales. We think you have nothing to do with our lands," etc.
This clause will be repealed. Tenants should be held to payment
of their quit-rents, and purchase money due for lands made in
sterling, or at 16 dwt. the crown, or produce equivalent. No more
lands are to be sold in N. Carolina, only sales made here at the
Board will be good. All laws repealed by the Lords Proprietors
are void, and no law can be in force for more than two years
unless confirmed by them within two years. Have agreed
to the petition of the inhabitants of Bath Town 'that it may be
made a sea-port, etc. Signed, Carteret, Palatin, Ja. Bertie, for
Beaufort, Fulwar Skipwith, for Craven, M. Ashley, J. Colleton,
J. Danson. Printed, N.C. Col. Rec. II. 235. [C.O. 5, 291. pp.
35-37.]
294. Same to Governor Eden. By your report and enclosures
we are of opinion our officers are fully vindicated from the
malicious complaints by Mr. Lee. Commend his readiness to
relieve orphans and widows and others reduced by the calamities
of the war, in accordance with their instructions, etc. Repeat part
of preceding. Signed, as preceding. Printed, N.C. Col. Rec. II. 238.
[C.O. 5, 291. pp. 37, 38.]
Aug. 1. 295. Patent constituting Bath town a sea-port (v. No. 294).
St. James's. Signed as preceding. [C.O. 5,291. pp. 39-41.]
Aug. A- 296. Commandant Vanderheyden Rezen to the Directors of
Rio Essequebe the Dutch West India Company. Signed, Pr. Vanderheyden
Rezen. Endorsed, Read 20th Oct., 1716. Dutch. 23 pp. Enclosed,
296. i. List of enclosures. 1 p. [C.O. 116, 21. Nos. 151,
152.]
Aug. 1 .
Aug. 2.
Boston.
297. Archd. Cumings to the Council of Trade and Plantations.
I humbly represent what observations I have made in relation
to the trade of this port since I was appointed Surveyor and
Searcher thereof. There is annually imported here 2000 hhds.
of molosses and 2 or 300 hhds. of sugere and rume from Suriname,
Cayan, St. Domingo and St. Thomas being Dutch, French and
Danish ports and there being no duty more paid here then if our
160 COLONIAL PAPERS.
1716.
product : and our product in .all the Islands paying 4| p.c. to
H.M. it would seem highly reasonable these forreign commodities
should pay the 4| p.c. to H.M. upon the importation here, or
more to putt the importers upon levell in trade with those trading
to our own Islands, and make a revenue of 800 or 1000 per
annum, etc. The Act in relation to the wool of the Plantations
wants an explanation because all forfeitures are to be prosecuted
in any of H.M. courts of record in Westminster now if allowed to
be prosecuted in the Court of Admiralty here as other forfeitures
are, then the officers are sure of justice, but the Common law courts
grant prohibitions against the Judge Admiraltry as not cog-
noscible in his Court which is very injurious to the crown if
sustained in ther power so to doe for the officers of the revenue
can expect justice no where but in that court in putting the acts
of trade in execution, for the officers labour under many difficulties
in these charter Governments all officers appointed by the Crown
are lookt upon as a burden and imposition on them. When I
was appointed as Surveyor and Searcher here Coll. Heathcote as
Surveyor Generall gave in a Memoriall to the assembly for a
regulation of fees for my office, and the coppy of the fees establish 'd
att N. York for said officer, they being upon establishing fees for
the Collector and Comptroller att the same time they were not so
mannerly as to give him any answer thereto so that Act being
sent home to your Lordships to gett itt approved, I hope your
Lordships will be pleased to consider the memoriall and table of
fees established att N. York in 1710 etc., that the Surveyor's
fees may be established before said Act passes but it would be
an advantage to trade to have a generall table of fees appointed
att home for all the Continent and Islands, ther being now a great
disproportion in the same, etc. Signed, Archd. Cumings.
Endorsed, Reed. 8th Oct., Read 14th Nov., 1716. 1 p. Enclosed,
297. i. Copy of Act of the Massachusetts Bay, stating the fees of
Custom house Officers. Same endorsement. 1 p.
297. ii. Copy of Memorial of Caleb Heathcote to the Lt.
Governor, Council and Assembly of the Massachusetts
Bay, 14th June, 1716. As Surveyor General, he has
deputed Archibald Cumings Surveyor and Searcher of
Boston. Prays them to appoint him such fees as are
usually allowed to such an officer in other Plantations,
etc. Signed, Caleb Heathcote. 1 p.
297. iii. Copy of Surveyor and Searcher's fees established at
New York. Endorsed, as covering letter. % p. [C.O.
5, 866. Nos. 95, 95 i.-iii. ; and (without enclosures) 5,
915. pp. 11-14.]
Aug. 3. 298. Lt. Fellow to Mr. Burchett. Refers to letter of July
Shoreham, iQfh, q.v. Deputy Governor Daniel tells the people here, that
na ' he as Vice-Admiral to their Lordships of the Admiralty board is
invested with equal power with them, and sitts in the Admiralty
Court, as Judge of the causes tryed there ; he grants commissions
to every master of a sloop, as private men of war, that will have
them, and has taken as a companion that Swaddle whom I
AMERICA AND WEST INDIES. 161
1710.
mentioned 19th July, altho' since my writing that letter, that
Swaddle has been bound over to the peace, not only for endeavour-
ing (by snapping a musket three times) to kill Col. Rhett on the
4th July (who transmits this letter) but for saying since that
he would shoot him ; which has been proved against him by three
witnesses, because Col. Rhett seized a ship of which he was
master some time since for his then being guilty of indirect
trade. On the 2nd of this instant Govr. Daniel permitted one
Rod a lawyer of this place to bring into the Assembly and Council
a writing in behalf of all the inhabitants, tho' none of them were
privy or consenting to it, setting forth that Capt. Howard,
myself and all the officers and company of H.M.S. Shoreham
were guilty of high treason and rebellion, but it was signed only
by Rod, and was rejected both by the Assembly and Council
as spurious and false. I think it is very hard that we should
lay under the carecter of being rebels and being guilty of high
treason for assisting the officers of H.M. Customs in the execution
of their office according to our Instructions, etc.
The Indians are breaking in upon them both to the Northward
and Southward, and have already comitted some acts of hostilitys,
which he [the Governor} at present seems to take very little notice
of, and it is evidently plain that unless H.M. takes this Colony
into his own hands and sends a prudent Governor, a man of
resolution, wtth a regiment of good soldiers to support him, this
(which was the most flourishing Colony in all America) will in a
very short time be entirely ruin'd ; for he refus'd to pass an Act of
Assembly which was for the advantage of the Colony, till they
gave him 100. etc. Signed, James Fellow. Copy. 2| pp.
[C.O. 5, 387. No. 7.]
Aug. 8. 299. Council of Trade and Plantations to H.R.H. George
Whitehall. Prince of Wales, Guardian of Great Britain etc. We have no
objection why the Royal Assent may not be given to the Act of
Nevis to settle the estate of Thomas Herbert etc. (v. 19th June).
[C.O. 153, 12. p. 436.]
Aug. 8. 300. Lt. Governor Bennett to Mr. Popple. Hopes the Board
will suspend their opinion on Mr. Jones' recriminations till he has
answered them. It is not true that the Bermuda men go partners
with the Jamaica men in the Spanish galleons. The Jamaica
men forced the Bermuda men from the wreck. They returned
when the others had quitted. The fortifications have suffered
by the late storm. Abstract only, f p. [C.O. 37, 24. p. 3.]
[Aug. 8.] 301 . William Partridge to the Council of Trade and Planta-
tions. Refers to his petition for H.M. confirmation of lands
purchased by him in New England, July 31st. The settlements
I propose will be undertaken at my own charge. Quotes the
encouragement given by the French Government to settlers on
Cape Breton, and " at Pegibscot about 20 miles from the lands I
propose to settle the Massachusetts Governmt. have confirm'd
to eight Proprietors a large tract of land obliging them to settle
Wt. 26355. C.P. 11.
162
COLONIAL PAPERS.
1710.
A[ug. 8.]
Aug. 8.
Whitehall.
Aug. 8.
Whitehall.
Aug. 9.
London.
Aug. 10.
Whitehall.
two towns in 7 yeares. And for their encouragement have
built 'em a good fortification to defend 'em against the insults
of the Indian enemy, which the Government have oblig'd them-
selves always to support at their own charge." Prays for a
favourable representation accordingly. Signed, Wm. Partridge.
Endorsed, Reed. Read 8th Aug., 1716. 1 p. [C.O. 5, 866. No.
92.]
302. Mr. Bridger's survey of Damarasconte River, by
William Partridge's lands, v. July 31st. Signed, J. Bridger.
Endorsed, Reed. Read 8th Aug., 1716. 1 p. [C.O. 5, 866. No.
93.]
303. Memorandum of letter from [? Mr. Popple] to Mr.
Dummer to know if he has any objection to Col. Partridge's
petition, (v. 6th July). [C.O. 5, 915. p. 5.]
304. Paul Methuen to the Lords Proprietors of South
Carolina. The Spanish Embassador and Consul having renewed
their complaints of the robbery committed upon the Marquis
de Navarres, and their application to have such of his effects
restored as are in the hands of Mr. Craven, Govr. of Carolina,
and H.R.H. being desirous to be fully apprized of this matter,
I must desire you to let me know what has been done in it, in
pursuance of directions you received by Mr. Secry. Stanhope, 10th
Nov. and 13th Feb. Signed, P. Methuen. [C.O. 5, 190. p.
351.]
305. Mr. Dummer to the Council of Trade and Plantations.
Reply to Aug. 8. I am not properly Agent for the Province of
the Massachusetts. About a year since when Mr. Dudley's
Commission was superseded, the Assembly thot it necessary to
elect me, to which H.M. Council concur'd, but Col. Burgess's
Lt. Governour disallow 'd the choice of both Houses, and there
has bin no other opportunity since till this last session in June,
of which I have had no account, etc. The principal gentlemen
of all orders in the country writ to me, that the count rey look't
upon me as their Agent still, etc. I assure yor. Lordpps., as
far as I have authority to do so, that I believe the Province
will be very well pleas 'd that Mr. Partridge's purchase be con-
firm 'd, etc. I had when formerly Agent an Instruction to promote
the settlement of the Eastern parts of New England, etc. He
must be ty'd down to plant and settle the countrey granted to
him in a reasonable time, etc. Signed, Jer. Dummer. Endorsed,
Reed. Read 9th Aug., 1716. Holograph. 2 pp. [C.O. 5, 866.
No. 94.]
306. Mr. Popple to Sir John Bennet. The Council of Trade
and Plantations having been attended by Sir John Lambert etc.
in relation to the petition presented in his name against Lt.
Governor Bennet (v. July 6th), and the Council of Bermuda etc.,
and being unable to prove the allegations of the petition, he has
AMERICA AND WEST INDIES.
103
1716.
own'd himself much imposed upon by them who presented the
same without his having seen it, and has thereupon desired it
may be withdrawn. [C.O. 38, 7. pp. 328, 329.]
Aug. 11. 307. Warrant of the Prince of Wales, Guardian of the
Hampton Kingdom, granting leave of absence for one year to William Cock,
Secretary of Virginia, etc. Countersigned, P. Methuen. [C.O.
5, 190. p. 370.]
Aug. 11.
Jamaica.
308. General Heywood, Commander in Chief of Jamaica, to the
Council of Trade and Plantations. Acknowledges receipt of H.M.
Commission by the Adventure man of warr etc., July 25th, " wch.
was publish 'd according to custom and then gave notice to the
Councill to meet on Tuesday following, wch. was as soon as possible
they could etc., from wch. time wee have sat daily in Councill in
obedience to H.M. Instructions to make what inquiry wee can into
Lord Hamilton's late conduct. ' ' Refers to enclosures, and memorials
presented by Don Juan del Valle and Mr. Moret etc., " all wch.
complain of pyracys committed by vessells from this Island," etc.
Continues : All imaginable care is taken to get what proof wee
can to set things in a clear light, but whilst wee are using all means
possible to doe justice to our neighbours, they daily take our
vessells. I have had an account of near twenty of one sort or
other wch. have been seiz'd by Spanish Picaroons and carryed
into St. Jago and Trinidado, two ports in the Island Cuba where
they confiscate both vessells and cargoe tho' come from H.M.
Northern Plantations and nothing on board them but the produce
of those Plantations. Wee are not only infested wth. them but
wth. other pyrates composed of all nations and I have great
reason to fear they will encrease for the search wee make for the
person that committed the depredations on the Spaniards ashore
on the coast of Florida near where the wrecks lay, also the pyrates
that were wth. Capt. Fernando and seized on the sloop that
came from La Vera Crux about wch. a memorial is put into the
Councill by Don Juan Guavara (this is the vessell in wch. my Lord
is a third concerned) and likewise for such concern'd in those
horrid pyracys in the Bay of Hondo on the coast of Cuba
complain'd of in the French letters, the ship after being wholly
plundered and kept some months was by them sent into Port
Royall and there seiz'd by the Navall Officer, has drove from the
Island great numbers both of the sea-faring men and others that
were therein concern'd for fear of being took and brought to
punishment. Had an immediate stopp been put to these
depredations on the first notice I am perswaded this Island had
not layn under the unhappy character it does at present nor run
the risque it must necessarily doe from the loss of so many of its
inhabitants. On the first notice of the loss of the Spanish Flota
it was not certainly known where the ships were wreck'd but
suppos'd to be either on the Bahama shear or Florida coast and
thereupon severall vessells were fitted from this Island as well as
other Colony s and had not Comissions been granted wch. were
given out on pretext of suppressing pyracys these unhappy
164 COLONIAL PAPERS.
1716.
disorders had not been comitted : and what was said to Jonathan
Barnet (as will appear from his deposition) was too great an
encouragemt. to be given to those sort of people, and his Lordship
being concern'd as an owner and receiving of 468 pound 5 ounces
troy weight of plate at one time wch. he has since owned to the
Councill (v. Minutes, 9th June) and suffering vessells that had
landed upon and plundered the Spaniards to come in and goe out
of port again without any manner of discountenance (wch. I
cannot doubt but has been transmitted home) hath encouraged
and led others into the like misfortunes wch. will I humbly con-
ceive merit your consideration in respect to this Island. And now
I am to give your Lordships an account of two unhappy differences
that have arisen from debates in H.M. Councill the first was,
how the soldiers should be subsisted ? And after much discourse
thereon the quest, was put and carryed five against four that
they shd. be subsisted out of the Treasury as they had lately
been, the other four Gent, were of a contrary opinion and desired
they might enter their dissent and give their reasons, the principall
of wch. was that there was no law for ye doing of it ; of which
opinion I likewise was. The Board then ask'd how I propos'd
they shd. be subsisted, I told them by calling an Assembly who
I was well assur'd would take effectual care in the matter. It was
again ask'd how they shd. subsist till an Assembly could meet.
I answered if they would agree wth. me in calling one I would
find an expedient to subsist them till that time, and from the
fourth instant I have subsisted them at my own proper charge
and shall untill the meeting of the Assembly. The second was
when there was a full Councill a debate arose and the quest, put.
Whether an Assembly shd. be called or not ? The numbers were
even five and five so that as I am by H.M. Instructions to advise
wth. the Councill in calling Assemblys I must either agree wth. the
noes and not let the soldiers be subsisted but out of the Treasury
wch. before I had given my opinion was contrary to law. (Besides
another more powerfull reason wch. was that Mr. Knight, Receiver
Generall, sent word by Coll. Delawny Capt. of one of H.M. two
Companys of Foot there was no money in the Treasury and
therefore could not pay him a month's subsistance that was due
to him and his Company for wch. he had an order sign'd by Ld.
Hamilton ;) or else agree wth. the yeas and call an Assembly
that I am well assured will subsist them and I have great reason to
believe will doe everything H.M. shall require of them for the
honour of his most sacred Majesty and for the service of the
country. Accordingly I ordered writts to be issued out for an
Assembly to meet the 17th of Sept. next to wch. the five Negatives
desired they might enter their dissent and show their reasons.
These differences I foresee cannot be avoided, for the five noes,
viz. Messrs. Rose, Peek, Mumby, Bernard and Broderick, Attorney
Generall, were of Councill with my Lord and look on themselves
oblig'd to stand by what they did before and in my opinion right
or wrong will all vote the same way, and so I have found it in
every argument that has been at the Board since I have had the
honour of the Governmt., and I cannot but believe his Lordpp.
AMERICA AND WEST INDIES. 165
was by Mr. Brodcrick led into some of the wrong measures he has
taken, as lie was Attorney Generall and seldom from his house,
etc., I doe not find in my Instructions there is any one that
impowers me to act as Vice-Admirall in these seas wch. led me
at my first coming into the Government to commit some few
errours in signing about half a dozen passes for ships wch. were
printed off with the title of Vice-Admiral, but so soon as I had
the Instructions from his Lordship I found the errour, and have
since omitted signing with that title humbly waiting H.M. pleasure
therein. I have not time to draw out copys of the Memorials
that have been given in, but inclose coppys of two or three of
the most material depositions that have been taken in Councill,
but the Minutes of Councill are so voluminous since these examin-
ations that I could not possibly get them coppyed to goe by these
ships, etc. Signed, Peter Heywood. Endorsed, Reed, llth Oct.,
1716, Read 9th Jan. 17}f. 4 pp. 'Enclosed,
308. i. M. Michon (Intendant of the French Settlements in
Hispaniola) to Governor Lord A. Hamilton. Leogane,
18th June [? N.S.], 1716. Mr. Morett and Capt. Escoubes
are now bound for Jamaica to desire justice from yr.
Excellcy. etc. since you are known to be a declared
enemy to all pyracies, and ye Government of Jamaica
has always had ye honour of purging the seas of that
sort of people. We are not surprized to see the Spaniards
under ye pretext of defending their coast from all
forreign commerce to take vessels att sea going on their
lawfull occasions ; they are rogues by profession, but
these are English fitted out at Jamaica, who without
your privity, and without doubt contrary to your
express commands, plunder indifferently both French
and Spaniards, they have four sloops commanded by
Henry Jennings, Legs Ashworth, James Carnique, Saml.
Liddell, and acknowledge Jennings for their chief,
'tis these that have taken the Mary of Rochell, Capt.
Escoubes, and ye Marianne, Capt. le Gardew, at ye
Bay of Hondo, worth abt. 50,000 crowns. Demands
restitution and punishment etc. Signed, Michon. Copy.
lpp.
308. ii. M. le Comte de Blenac, (Governor of the French Settle-
ments in Hispaniola) to Governor Lord A. Hamilton.
Leogane, 18th July [? N.S.], 1716. It is a miserable
thing that I am oblidged to demand justice for the daily
robberies and piracys committed by vessells fitted out
of Jamaica, on our French ships. Some time since I
desired your Excellency would restore to Mr. Basseau
what had been taken by an English vessell from a
Spaniard, in which he happened to be coming from La
Vere Cruz. I understand they have offered at Jamaica
to restore to him 4000 p| of what was taken from him.
This is not Justice my Lord. I hope Mr. Morett and
Mr. Lescoubett will meet with better usaige, etc. (v.
preceding}. The first Captain of this Garrison goes
100 COLONIAL PAPERS.
to reclaym a vessell fitted out of this Island under my
Commission for Louissanne, with cargo of the value of
50,000 pf, who was taken in the port of Marianne
where he put in, to put ashoar some letters as he was
going to the Havanna. They are five vessells fitted out
from Jamaica that took him as they returned from
fishing on ye wreck and but some few dayes after they
had taken out of the Bay of Hondo a French vessell
of the value of 700,000 livres commanded by Mr.
Lescoubes. I understand the pirates have sent part of
the effects to Jamaica etc. Demands that the effects
of the owners of the pirates be- seized for compensation, etc.
Signed, Blenac. Copy. 1| pp.
iii. M. de Chouppe to Governor Lord A. Hamilton.
Leogane, 24th July [? N.S.], 1716. I demand your
protection about a robberry committed three days
since by one Dennis an Irishman upon me, he having
taken a barque with 70 barrills of pork etc., value
80,000 livres. The Count of Blenac assured me he had
recommended this affair to you, etc. Mr. Morett will
demand your justice, etc. Signed, de Chouppe. Copy.
I p.
308. iv. M. le Comte de Blenac to Governor Lord A. Hamilton.
Leogane, 25th July [? N.S.], 1716. Letter of introduc-
tion for Mr. Morett, sent to demand reparation for vessels
referred to in preceding, etc. Signed, Blenac. Copy.
1|- pp. [C.O. 137, 12. Nos. 21, 21 i.-iv. ; and (without
enclosures) 138, 15. pp. 160-170.]
Aug. 16. 309. Mr. Secretary Methuen to the Governor of South
Whitehall. Carolina. I am commanded by H.R.H. to transmit to you the
inclosed lists of the rebel prisoners who have been ordered to be
transported to South Carolina, and am to signify to you H.R.H.
pleasure that you do with all convenient speed return exact lists
of those rebel prisoners that have landed in that Province, etc.
Signed, P. Methuen. Annexed,
309. i. A list of 104 rebel prisoners ship'd (in order to be
transported) on board the Susannah, Capt. Thos.
Bromhall Commandr., for South Carolina. Leverpool,
May 7, 1716 : Ewen Shaw, Jno. Mclntosh, Jno.
Mclntosh, Dond. Smith, Jno. Shaw, Peter Shaw, Ewen
Mclntosh, William Mclntosh, Ja. Robertson, Dun.
Mclntosh, Alex. Lesley, Dond. Shaw, Don. Duff, Elias
McBeane, Jno. Mclntosh, Alex. Stewart, John Ray,
Dun. McCullum, Patrick McLaren, James Robertson,
Dun. McGregor, Ja. Mclntosh, Hugh Stewart, Mall.
Me Vane, Don. Robertson, Don. McCullum, Ja. Robinson,
David Robinson, Mall. Reide, Neil Stewart, Don.
Cameron, Don. Robinson, Dun. McNaughton, Alen
Baton, Jno. Cozens, Dun. Stewart, John McPherson,
Neil Stewart, Will. McDonald, Don. McPherson, John
Me Vane, James Robinson, John Cammel, Alex. Dalketty,
AMERICA AND WEST INDIES. 167
1716.
John Robinson, Dan. McKeels, John McLaren, Don.
McCoy, Patrick Stewart, David Duckter, Alex. Shaw,
Thomas Duff, Jno. Fotheringam, Geo. Cornell, John
Heard, Jona. Newton, Geo. Hamond, John Guttry,
John McQuin, John Robb, Thos. Guild, Thos. Robb,
James Robb, John Crocket, Will. Dalzell, Ludo. Grant,
Henry Serjeant, Henry Gill, Bernard Shuttard, James
Simpson, Mall. McGregor, Don. McPherson, Will. Frazer,
Ja. Creighton, Jos. Chambers, Ja. McDonald, John
McDonald, Jno. Mathewson, David Smith, John Lemon,
Dan. Frazer, Ja. Swinhoe, Ja. Bruce, Rose McDonald,
John Cameron, Angus McPherson, Fargus McGillivray,
Hugh Clark, Will. Shaw, Hugh Frazer, Dun. Robinson,
Thos. Ross, Duncan McPherson, John Eggoe, Don.
Davidson, Don. McGillivray, George Forbess, Patrick
Smith, Willm. Eggoe, John Mclnnis, Francis Yeoman.
Receipt for above on board the Susannah, Signed,
Richd. Gildart, Henry Trafford.
309. ii. List of 81 rebell prisoners ship'd on board the Wake-
field, Capt. Thomas Beck Commander, for South
Carolina. Leverpool, April 21, 1716 : John McQueen,
Alex. McQueen, Loughlin McGillivray, Don. McPherson,
Dun. McQueen, John Shaw, John Mclntosh, David
McQueen, Don. Mclntosh, John Shaw, Lough. McBrane,
Jno. McDonald, Don. Mclntosh, Don. McCoy, Ja.
McGillivray, Jno. McCoy, Robt. Richardson, Willm.
Mclntosh, Jas. Mclntosh, Owen McGillivray, Jas. Clark,
Jno. McLeane, Jno. McGillivray, Jas. Rash, Duncan
Mclntosh, Don. McPherson, Wm. Barry, Mall. Kenedy,
Alex. Shaw, Wm. McGillivray, David Croft, Jno. Mc-
Cloude, Alex. McGillivray, Jno. Burne, Don. McDonald,
Hugh McCoy, Alex. McLeane, Lough. McBeane, Don.
Mclntosh, James Wilkie, Lough. McGillivray, Jno.
Ranken, Caul. McDonald, Wm. Cowson, Finlow Fer-
guson, John Baine, John Nicholson, Andrew Songster,
George Mitchell, James Dunlap, Willm. McKency, Jno.
Richardson, Geo. Burfick, Alex. Mclntosh, Alex.
McQuin, Don. McDonald, Jno. McGillivray, Don.
Smith, Alex McQueen, Geo. Disart, Cha. Ross, Jno.
McGillivray, Robt. Young, Jno. Frazer, Jno. Mclntosh,
Thos. Clark, Geo. Cunningham, Ja. Flint, Will. Hender-
son, Thos. Barnet, Philip Lyon, James Wilson, Robt.
Guttry, Jno. Bagby, Will. Mclntosh, Pattr. Sinclair,
Cha. Stroughan, Miles Moor, Donald Steward, James
McGillivray, Alex. McPherson. Receipt for above.
Signed as preceding. [C.O. 5, 190. pp. 358-360.]
Aug. 16. 310. Mr. Sec. Methuen to Lt. Governor Spotswood. Encloses
Whitehall. lj s ts of rebel prisoners ordered to be transported to Virginia,
and asks for lists of those that have landed there, as preceding.
Signed, P. Methuen. Annexed,
168 COLONIAL PAPERS.
171(5.
310. i. List of 18 rebel prisoners ship'd (in order to be trans-
ported) on board the Anne, Capt. Robt. Wallace, for
Virginia. Leverpool, 31st July, 1716: William Young,
John McBean, Robert Ferguson, Alex. Boyle, Willm.
Sinclair, Gregor McGregor, Mark Browne, Angus McBean,
Alex. Cummin, John Browne, Robt. Bruce, Willm.
Mclntosh, Danll. McBean, Alex. Murrey, Alex. Murrey,
David Murrey, Patrick Chalmers, James Graham.
Receipt for above. Signed, Richd. Gildart, Hen.
Trafford.
310. ii. List of 95 prisoners that went on board the Scipio
at Leverpool in order for transportation, 30th March,
1716 : Chas. Londey, Alex. Stewart, Thos. Selbie,
Danl. Campbell, Danl. Stewart, John Stewart, Danl.
Setton, Henry Murray, James Taylor, Danl. Robertson,
John Sotherland, Willm. Mclntosh, Danl. Device,
Walter Scott, Alex. Robertson, John McDermott, Willm.
Woofe, Mail. Mclntosh, Jno. McLearn, Danl. McLearn,
James Morrison, Alex. Dutt, Jno. McLearn, Danl.
McCoy, Charles Stewart, Peter Cummin, Jno. Glessen,
Dune. Robertson, John Nicholson, Jno. McCook, John
Stewart, Lang Mclntosh, John Kenneyday, Jno. Kerr,
Danl. Stewart, James Campbell, Alex. McLearins,
James Robertson, Wm. Thorburn, Jno. McGilveray,
Wm. Mclntosh, Peter McLane, Danl. Stewart, Danl.
McQuinn, Danl. McDanell, John Robertson, James
Blare, Jno. Ridley, Paul McCoy, Jno. Fraizer, James
Nimmo, Peter Cummin, Pau. Briggs, Alex. Ridley,
John Shields, Jno. Shaw, Frans. Ferguson, Jno. Glass,
James Selkeld, Wm. Watson, Wm. Ballintine, Ed.
Hunt, Frans. Robertson, John Stewart, John Todd, John
Stewart, Cha. Erwinn, Peter Derritt, William Stewart,
Jos. Oswell, Ha. Fersyth, Jno. Lindsey, Jos. Burtton,
Jos. Asking, Alex. Reed, Geo. Meldrem, Geo. Gartey,
Geo. Burdis, Jos. Procter, Wm. Watson, John Duncan,
David Cowty, Wm. Howard, Jos. Aughinbeck, Thos.
Tett, Coul. McKenney, Petr. Watson, Jos. Richey, Wm.
Hall, Hugh Ross, Wm. Young, Jos. Coute, Jos. Strock,
Danl. McPherson, Alex. McLearn. Receipt for above.
Signed- as preceding.
310. iii. List of 54 rebel prisoners ship'd (in order to be trans-
ported) on board the Godspeed, Capt. Arthur Smith, for
Virginia : Davd. Graham, Willm. Johnson, Thos.
Barry, Jno. Shaftoe, James Rutherford, Jams. Dixon,
James Renton, Ninian Brown, Alex. McGiven, George
Neilson, Willm. Sympson, Willm. Ferguson, Patrick
Smith, Danl. Grant, Alex. Orack, Willm. McPherson,
Thomas Shaw, Miles Begg, James Shaw, Humphrey
Sword, James Sinclair, James Bow, Jno. Chambers,
Thos. Hume, Ja. Mallone, David Lawder, Hugh Mc-
Dugall, Danl. Kennedy, Patrick McCoy, Mall. McCollum,
Willm. Shaw, James Mclntosh, Rowland Robson, Hector
AMERICA AND WEST INDIES. 169
1716.
White, John McGregor, Frans. McBean, John Cameron,
John McArdy, John McCollum, Angus McDermott,
George Hodgson, Jam. Mclntosh, Danl. Stewart, Alex.
Mclntosh, James McLearn, John Stewart, Loughlin
Mclntosh, Finlow Mclntyre, John Kenny, Hugh
Mclntire, Dun. Ferguson, Ja. Somervill, John McKewan,
James Crampton. Receipt for above. Signed as preceding.
310. iv. Receipt for Richd. Witherington and Richd. Burch,
two rebels prisoners on board the Godspeed for Virginia.
Leverpool, 28th July, 1716. Signed as preceding.
310. v. List of 126 rebels prisoners ship'd (in order to be
transported) on board the Elizabeth and Anne, Edwd.
Trafford Commdr., for Virginia or Jamaica. Leverpool,
29 June, 1716: Alex. McKenny, John White, Willm.
Donaldson, Alex. White, Owen McPherson, Mai.
McNoughton, Jam. Robinson, Tho. Holland, Alex.
Watt, James Wood, Willm. Martin, Francis Betty,
Fredk. Abbott, Alex. Bruce, Robt. Goblin, John Peter,
Jno. Johnston, Jams. Malcome, Wm. Stroak, John
Michey, Lawrce. Ferguson, Jno. Donaldson, Willm.
Noble, Robt. Grant, Robt. Anderson, Robt. Duncan,
Jam. Ray, Alex. Stewart, Robert Robinson, Alex.
Carr, David Mitchell, Silvester Prophet, Jno. Gledening,
Geo. Mergibanks, John Harris, Adam Chisolme, John
Kennedy, Willm. Finlow, Jam. Patterson, David Arnott,
James Peter, John Ogilby, James Wattson, Alex. Kidd,
James Wattson, Donald Stewart, James Lindsey,
John Shaw, Jno. Mclntosh, Duncan Clark, Owen
McPherson, Donald Shaw, John Mclntosh, Robt.
Bruce, James Johnston, John Burne, Willm. Lyon,
John Dunbarr, Jno. Abercromby, Fergus Greame,
Willm. Dunn, Robt. Smith, Danl. McGilhveray, Dun.
McQuin, Willm. Wright, Jno. McBean, James Petello,
Geo. Dickinson, Patk. Ferguson, Robt. Reide, Robt.
Finney, Alexr. Ferguson, James Ferguson, William
McGillivray, Thos. Mclntosh, Willm. McGruther, John
McCullon, Thomas Foster, Alexr. Stewart, Chriso.
Charns, James Blackwood, Archd. Menzies, Robt.
Stewart, John Stewart, Alexr. Stewart, Alex. Carr,
Angus Shaw, Robt. Menzies, James Urquart, Danl.
Thompson, Robt. Stewart, Willm. Maxwell, John
Stewart, Jno. Brown, John Rutherford, Geo. Lauder,
James Murry, Geo. Rutherford, Walter Tankard, Robt.
Kerr, John Hunter, Charles Smith, John Kerr, Robt.
Johnston, Nich. Montgomery, Dond. Ferguson, Jno.
Rutherford, James Stewart, Jno. Mondell, Jno. Portius,
Willm. Turner, Duncan McFale, James Mclntosh,
Willm. Craster, Hugh Cane, Charles Henderson, John
Robinson, Robt. Stewart, John Stewart, Malcome
Stewart, James Mclntosh, Patrick Stewart, John
Stewart, Archd. McLoughlin, Francis Hume, James
Nisbott. Receipt for above. Signed as preceding.
170 COLONIAL PAPERS.
1716.
310. vi. lleceipt for James Innis, a rebel prisoner on board
the Africa, Richd. Cropper Master, for Barbadoes, and
James Ayston a rebel prisoner on board the Elizabeth
and Anne for Virginia. Leverpool, loth July, 1716.
Signed as preceding. [C.O. 5, 190. pp. 361-365.]
Aug. 16. 31 1 . Mr. Sec. Methuen to the Governor of Maryland. Encloses
Whitehall. Ji s t of prisoners, rebels, ordered to be transported to Maryland,
and desires list of prisoners that have landed, ut supra. Signed,
P. Methuen. Annexed,
311. i. List of 80 rebel prisoners ship'd (in order to be trans-
ported) on board the Friendp., Capt. Michael Mankin,
for Maryland or Virginia. Leverpool, May 24, 1716 :
David Stewart, John Hay, Allen McLane, Robt. Hender-
son, Alex. Spalding, Willm. Semm, Thos. Forbess, John
Conahar, Willm. Grant, Finlow Cameron, John McDonald,
Willm. McGillivray, James Webster, John Dalgaty,
James Nevery, Dugall McQueen, David McQueen, Henry
Ferguson, John McBean, Farg. McGillivray, Will.
McGillivray, Thos. McNabb, John Brenden, Robt.
Stubbs, Thos. Potts, John Ramsey, Abram. Lowe,
Alex. Shonger, David Mull, Thos. Rutter, James Lowe,
Willm. Bane, James Hill, John Shonger, Geo. Thompson,
John Glandy, Alex. Rend, James Denham, James
Hendrick, Henry Murray, Henry Willson, Willm.
Moubray, Willm. Davidson, Willm. Ayre, Patrick
Hunter, Willm. Mann, Alex. Mortimer, James Allen,
James Mitchell, Alex. Neave, Thos. Donaldson, Thos.
Smith, Patrick Cooper, Thos. Park, James Small,
James Shaw, Cha. Donaldson, Don. Robertson, Alex.
McDugall, Leonard Robertson, John McLoughlan, John
Robertson, Thos. Lowry, James White, Alex. Gordon,
Jerom Dunbarr, John Ross, Alex. Smith, Alex. McQueen,
Willm. Cummin, Hector McQueen, Henry Lumsden,
John Peter, Jno. Martison, Archd. McDarran, John
McDonald, James Robertson, Patrick Robertson,
Andrew Davidson, Andrew Daie.- Receipt for preceding '.
Signed, Richd. Gildart, Hen. Trafford. [C.O. 5, 190.
pp. 366, 367.]
Aug. 16. 312. Mr. Sec. Methuen to the Governor of the Lee ward Islands.
Whitehall. Encloses list of rebel prisoners ordered to be transported to St.
Christophers, and desires list of rebel prisoners that have landed
in that Island, ut supra. Signed, P. Methuen. Annexed,
312. i. List of 30 rebel prisoners ship'd (in order to be trans-
ported) on board the Hockenhill, Capt. Hockenhill
Short, for St. Christophers. Leverpool, 25th June,
1716 : Andrew Ramsey, Mark Benerman, Archd.
Christye, Walter Steward, James Currey, Lawrence
Charters, James Heys, John Ridley, James Congleton,
Robt. Creswell, Patrick Gardner, James Congleton,
Patrick Murry, Willm. Henderson, Henry Ogleby, Thos.
AMERICA AND WEST INDIES.
171
1716.
Dalmohoy, Willui. Hard wick, Walter McLearne, Wilhn.
Murry, John Robinson, Don. Cameron, Alex. Mclntosh,
Kenedy Beane, Dond. McPherson, John McCoy, Willm.
Ramsey, Thos. McKensey, Law. Oliphant, John Sword,
Alex. Lawtey. Receipt for above. Signed, Richd.
Gildart, Hen. Trafford. [(7.0. 5, 190. p. 367.]
Aug. 10. 31 3. Mr. Sec. Methuen to the Governor of Jamaica. Encloses
Whitehall, list of rebel prisoners ordered to be transported to Jamaica, and
requests lists of those rebel prisoners that have landed there, ut
supra. Signed, P. Methuen. Annexed,
313. i. List of 47 rebel prisoners sent on board the Two
Brothers, Capt. Edwd. Rathbon Commandr, for Jamaica,
in order for transportation. Leverpool, 26th April,
1716 : John Duncan, Duncan Bean, John Mclntyre,
Alex. Smith, Denis Mclntyre, Robt. Handyside, Alex.
Duncan, Danl. Smith, Angus McDermott, Alex. McLear,
John Kenneyday, Jrio. McCoy, Danl. McLean, Danl.
Robertson, Mich. Trumball, John McCullum, Denis
McDonall, John Cannon, Geo. Moody, Duncan Robart-
soh, John Stewart, Alex. Kenneyday, John Stewart,
Duncan McNormer, James Carmell, Alex. McNabb,
Alex. McClaser, James Robartson, Peter Ferguson, John
Robartson, Duncan Stewart, Robt. McCullaugh, Duncan
McGibon, John McFarlin, Geo. Mortimore, Philip Mc-
Dorton, John Scott, Willm. McDonald, Alex. McPherson,
John McNabb, Duncan Shorter, Robt. Wallis, John
Stewart, Angus McDermott, Duncan Mclnlier, Edward
McCann, Angus Mclntosh. Receipt for above. Signed,
Richd. Gildart, Hen. Trafford. [(7.0. 5, 190. p. 368.]
[Aug. 16.] 314. Number of the rebels prisoners delivered by Colo. Rapin
to Sir Thos. Johnson etc. in order for transportation, showing
sailings etc. Total (v. supra), 639. Signed, J. Rapin, Comry.
Genl. of the Rebells Prisoners. [(7.0. 5, 190. p. 369.]
Aug. 16.
Whitehall.
315. Council of Trade and Plantations to H.R.H. George
Prince of Wales, Guardian of the Realm, etc. Reply to July 6th.
Quote Col. Partridge's petition. Continue : We have several
times been attended by petitioner and other persons acquainted
with that country, etc. The petitioner proposes to build three
towns on those lands to consist of 40 families at least at the
first settlement, Bnd to give them such encouragement as he
doubts not in a few years to make a considerable improvement,
the first town to be compleated and settled in two years from 1st
May, 1717, the second in two years after that, the third in two
years more : provided there be dureing that term no war with
the French or Indians, which in that case would obstruct his
proceedings. Upon which we humbly represent, that these lands
are in a very good climate, the soile is fertile and capable of
172 COLONIAL PAPERS.
1710.
producing hemp. It has plenty of trees fit for masts and other
naval stores with navigable rivers, and good harbours as also
a good Fishery on the coast. From all which it may be reasonably
presumed that in a little time such a settlement may turn to the
advantage of this Kingdom in furnishing of Naval Stores and
otherways in return for our woolen and other manufactures.
Besides, it will be a great security to H.M. Northern Provinces,
by haveing their frontieres strengthened by such a number of
people. And therefore we think it will be of service that the
petitioner be gratified in what he desires. But we must here
humbly take leave to observe to your Royal Highness that the
whole country between the River Sagadehoc and Nova Scotia,
has already by his late Majesty King William's Royal Charter
of 7th Oct., 1691, to the inhabitants of the province of the Massa-
chusets Bay been granted to them with power to make and pass
grants of particular grants of land within that Province, but with
a reservation nevertheless that no grants of any lands between
the River Sagadehoc and the Gulf of St. Lawrence (in which
the lands petitioned for are included) should be of any force
until H.M., his heirs, or successors shall have signified his or their
approbation of the same. But as tb.e purchassers from the
Indians were in possession 30 years before the grant of the above
mentioned Charter to the Massachusets Bay, they conceive the
said Charter will not be any impediment to H.M. confirmation of
their titles, and Mr. Dummer, late Agent for that Colony, has
assured us that he had formerly directions from them to incourage
as much as possible the settlement of the Eastern parts, and not
to oppose a proposition then made of the like nature, and that he
has reason to believe they would be very well pleas'd with such a
settlement from the advantage they would receive by it. If
H.M. shall be gratiously .pleased to gratify the petitioner, we
most humbly propose that as there are upon these lands great
numbers of trees fit for masts for the Royal Navy, there be a
clause in the patent reserving to H.M., his heirs and successors
all pine trees of the diameter of 24 inches and upwards at 12
inches from the ground, which are to be marked by the Surveyor
of the Woods there, or in his absence by one to be appointed
by the Governour whome the petitioner is willing to fetch from
New England, to maintain while he is upon the survey, and to
send back to New England again at his own expence ; and in
order to preserve a nursery of trees for the future, that the said
Surveyor do mark out such parcell or parcells of that land, not
exceeding 10,000 acres as he shall judge most proper for that
purpose, out of which no person shall be allowed to cut any pine
trees whatsoever but such as shall be marked by the Surveyor
as unfit for the Royal Navy. That there be also another clause
in the Patent obliging the patentees to compleat their settlement
in the time abovemention'd, provided there be no war as aforesaid
upon penalty of forfiture. And that the Patentees be restrain'd
from exporting to any forreign parts not in H.M. Dominions any
deals masts plancks or other ship timber hemp pitch tar or other
Naval Stores whatsoever. [C.O. 5, 915. pp. 6-11.]
AMERICA AND WEST INDIES. 173
1716.
Aug. 1 0. 31 6. Lt. Governor of New Hampshire to the Council of Trade
I'ortsmo. and Plantations. Soon after my arrival in N. England I gave
in N Enfriand ^ or - I jOr dships an account of my assumeing the Govrmt. of N.
Hampr. my expectation and almost assurance of Col. Burgess's
following me and of his arrival in this Govermt. caused me to do
no more than the necessary for ye preservation of the peace and
administration of ye Govrmt. till he came on the spot and now
we are informed of ye king's pleasure to appoint Col. Shute in
his room and not knowing when he shall arrive according to my
duty 1 herewth. send ye Minutes of Councill and wt. Acts have
been made since my comeing over. I shall at all times studiously
endeavour to approve myself faithfull in ye trust and charge
committed to me etc. When I had the honour to come before
your Ldships last year I gave in a paper (in my humble opinion
very conducive to ye benefitt of this country and whose welfare
I have very much at heart) wch. has been much improved to my
disadvantage or at least so designed but how come at and by
whome, I am in the dark. I am not a little surprised yt. I am no
sooner come abroad in the world but I find sundrie assailants
pushing at me and makeing strong efforts to my detrimt. I am
no wayes conscious of my meritting such treatment and must
resolve it into ye invidious spirit wch. prevails which would have
all things done ill wch. is new and not done pr. advice and
concurrence. It is matter of very great affliction to me to hear
yt. I had not ye good opinion of your Ldships etc. I make it
my request yt. yr. Lordships would inspect my behaviour and
beleive yt. I am a faithfull subject and honest man etc. No
signature. ? Handwriting of George Vaughan. Endorsed, Reed.
1st Oct., 1716, Read 26th June, 1718. Enclosed,,
316. i. Duplicate of boundary agreement between Connecticut
and the Massachusetts Bay. v. C.S.P. 24th Aug., 1713.
[(7.0. 5, 866. Nos. 161, 161 i. ; and (without enclosure),
5, 915. pp. H3-145.]
Aug. 16. 317. George Liddell and Robt. Clayton and others to the
Council of Trade and Plantations. Petitioners have been at
great expences in improving their plantations in St. Christophers.
They may be removed, and deprived of the benefitt of their crops
growing thereon, unless H.M. pleasure be signified to the contrary,
and are at present thereby discouraged from making further
improvements etc. Pray for a speedy report on their case, v.
6th July. Endwsed, Reed. Read 16th Aug., 1716. I p. [C.O.
152, 11. No. 18 ; and 153, 12. pp. 440, 441.]
Aug. 17. 318. Mr. Popple to Lt. Governor Spots wood. The Council
Whitehall. o f Trade and Plantations have commanded me to transmit to
you copies of what has been offer'd against the Act for regulating
the Indian trade (cf. May 9, July 10 etc.), to be communicated to
the Council and Assembly of Virginia for your and their observa-
tions thereupon, by the first opportunity, not doubting but Mr.
Gary will send you copies of such papers as he has presented in
favour of the Act. I am further to inclose to you two clauses of
174
COLONIAL PAPERS.
1716.
Aug. 17.
Whitehall.
Aug. 20.
Aug. 21.
Whitehal.
Aug. 22.
Whitehall.
the Act for the encouragement of the trade to America, and to
remind you of the 16th, the 100th and 101st clauses of your
Instructions. And to acquaint you, that their Lordships wish
you had pursued the directions in the said 16th Instruction before
you had given your assent to the said Act. [C.O. 5, 1364. pp.
430, 431 ; and 5, 1335. No. 198.]
319. Mr. Popple to Richard Shelton. Encloses extract of
Lt. Governor Spotswood's letter, May 23, complaining that the
Government of Carolina had not yet done justice to the forces
sent to their assistance, etc. The Council of Trade and Planta-
tions do not doubt the Lords Proprietors will give immediate
directions for the performance of the Articles, upon which they
receiv'd such effectual and immediate relief. [C.O. 5, 1364. p.
412.]
320. Council of Trade and Plantations to Mr. Secretary
Methuen. Enclose following for his information. Autograph
signatures. 1 p. Enclosed,
320. i. Council of Trade and Plantations to H.R.H. George
Prince of Wales, Guardian of the Kingdom etc. Aug. 17.
Representation upon petition of George Liddale, Robt.
Clayton etc. (v. 6th July). It seems reasonable to us
that the petitioners and others who have been at the
expence and trouble in cultivating the lands temporarily
granted- to them in the late French part of St. Christophers,
should enjoy the same under the like conditions as they
have hitherto held them, and remain in the quiet
possession of the said Plantations till H.M. shall think
fit to give directions for the disposal of the said late
French part of St. Christophers : And we presume to
lay before your Royal Highness our humble opinion,
that it will be for H.M. service that the Royal Pleasure
be signify'd as soon as may be upon what we had the
honour to offer the 13th of the last month as well as
formerly thereupon, whereby the present possessors
may know what to depend on, H.M. Revenue, and the
Trade and Navigation of his subjects be advanced, and
that and the other Leeward Islands further secured by a
new accession of people. [C.O. 239, 1. Nos. 26, 26 i. ;
and 153, 12. pp. 444-447.]
321 . Council of Trade and Plantations to Mr. Secretary
Methuen. Enclose copy of Lt. Governor Caulfeild's letter
(16th May) giving an account of the miserable^ condition of the
Garrison, which we have formerly several times represented to
Mr. Secretary Stanhope, etc. [C.O. 218, 1. p. 313.]
322. Mr. Popple to Mr. Blathwayt. Reply to July
A copy shall be sent as soon as it can be dispatched. The Council
of Trade and Plantations desire a copy of your deputation and
instructions to Mr, Ludwell. [C.O. 5/1364. pp. 431, 432.]
AMERICA AND WEST INDIES.
175
1710.
Aug. 22.
A nl iffun.
Aug. 22.
Aug. 27.
Aug. 28.
Hampton
Court.
323. Governor Hamilton to the Council of Trade and Planta-
tions. Being sensible of the necessity there is of having an Agent
to negotiate the affaires of these Islands in Britaine I did at my
first arrivall recommend that matter to the consideration of the
Councill and Assembly of this, as well as the other Islands, but I
could not then gett them to come to any resolution in that
particular either in this or the other Islands, however since
my last returne to this place I againe recommended the same, and
urged the necessity thereof, upon which boath Houses have made
choyce of William Nevine Esqr. as Agent for this Island, and
accordingly a bill has been prepared and past by them and
assented to by myself e, which I send by this opertunity to the
Agent with directions to lay the same before your Lordships
hoping that it will meet with your aprobation and so obtaine the
Roy all assent. I also send the Agent an other Act to encourage
the importation of Protestant white servants, with directions to
lay the same before your Lordships, and I must intreat your
Lordships will endeavour to gett it past by H.M. in regard a
speedy supply of those people will greatly contribute to the
benefitt and setling of this place. Nothing elce of moment has
occurred, etc. Signed, W. Hamilton. Endorsed,, Reed. 20th
Oct., 1716, Read 5th April, 1717. 2 pp. [0.0. 152, 11. No.
5f> ; and 153, 13. pp. 12, 13.]
324. Mr. Pye to Mr. Pople. I am directed by Sir John
Lambert who is indisposed att the Bath to move yr. Lords, that
his petition may be withdrawen and the rest of his papers
returned, etc. Signed, Jon. Pye. Endorsed, Reed. Read 22nd
Aug., 1716. Addressed. 1 p. [C.O. 37, 10. No. 1 ; and 38,
7. p. 329.]
325. Mr. Blathwayt to Mr. Popple. Encloses following.
Continues : Col. Ludwell having fain under the displeasure of
the Lt. Governor by personall and family disputes, I have some
time past discontinued him as my Deputy having constituted Mr.
Grimes in his stead, which deputation was not arriv'd in Virginia
before his suspension, it being in the main perhaps more agreable
to Coll. Spotswood to have the management of the Revenue in
his own or creatures' hands, etc. I have writ to him more than
once that he would lett me know his exceptions against my
Deputy of wch. he never returned me an answer, etc. Signed,
Wm. Blathwayt. Endorsed, Reed. 4th Sept., 1716, Read 23rd
Aug., 1717. Addressed. 1 p. Enclosed,
325. i. Copy of Mr. Blathwayt's deputation and instructions
to Philip Ludwell to be Deputy Auditor in Virginia,
upon the nomination of Lord Godolphin. 4th Oct.,
1711. Same endorsement. 2% pp. [(7.0.5,1318. Nos.
23, 24 ; and (without enclosure) 5, 1364. pp. 520, 521.]
326. Warrant of the Prince of Wales, Guardian of the King-
dom, granting a free pardon to Henry Crichlow late of Barbadoes
in America, Surgeon, of murtber, for the death of David Robinson
176 COLONIAL PAPERS.
1716.
in that Island, etc. Countersigned, P. Methuen. [C.O. 5, 190.
p. 371.]
Aug. 31. 327. H.M. Warrant renewing grant of King William III. and
Westminster. Queen Anne, of 50 yearly to a Protestant Minister and 30
yearly to a Protestant Schoolmaster, resident in Pensilvania.
11 pp. [(7.0.5,1233. No. 56.]
[ ] 328. [? Thomas Walker] to the Council of Trade and Planta-
tions. I was formerly directed by H.E. Genii. Nicholson to
render to your Lordships an accot. of the state and condition of
ye Bohamia Islands wch. has a long time bin without governmts.,
The want of wch. has laid those Islands open to be a recepticall
and shelter of pirates and loose fellows and gives ye inhabitants
as well as ye trading vessuals from other parts ye liberty and
opportunity of inriching themselves by sideing and dealing with,
entertaining and releiveing such villians who from time to time
resort there to sell and dispose of their piraticall goods, and
perfusely spend wtt. they take from ye English, French and
mostly Spaniards, and as I am an inhabitant of New Providence
have bin an eye witness to those ellegiall and unwarrantable
practises commited both by ye piratts and inhabitants and others
tradeing there, and have used ye uttmost of my endeavours to
put by and prevent them, as alsoe by my goeing to the Havana
hath bin a means of preventing ye design of ye provoked Spaniards
comeing to cut those Islands off for the piraces ytt. has since
ye peace bin commited even by some of the inhabitants of those
Islands. Refers to enclosed deposition of Richard Ward. The
pirates daly increse to Providence and haveing began to mount
ye guns in ye Fort for there defence and seeking ye opportunity
to kill mee because I was against their illegall and unwarrantable
practices and by no means would consent to their mounting
of guns in ye Fort upon such accots. I was thereupon forced
with my wife and family to acquitt ye Island to my great expence
and damage and ye latter part of June last arrived safe to this
Province where I remaine upon expence in hopes thatt H.M.
will be gratiously pleased to take those Islands under his care
and protection, etc. that ye Islands may become a flourishing
plantation, etc. His Honr. the Governr. of this Province has
lately granted commissions against ye pirates thatt resorts att
Providence by virtue of wch. commissons ye grand Pirate Capt.
Benja. Hornigold man of warr sloop of tenn guns is taken and
destroyed, though he has escaped himself, this step in some
measure has disabled him from doeing such damages upon ye
heigh seas as he would have done if he had continued his command
in the said sloop wch. did accomidate 135 men, when he last
sayld out of Providence, and by some commisson granted as
aforesaid great quantities of piraticall goods traded for att
Providence was reprized and brought into this Port, and most
justly condemnd, wch. has bin a great service to H.M., and ye
said Governour by his granting such commissons, I hope will put
a stop to ye Island of Providence falling wholly under ye command,
AMERICA AND WEST INDIES.
177
1716.
Sept. 5.
Whitehall.
Sept. 6.
St. James's.
Sept. 13.
Whitehall.
and into the hands and possession of pirates as 'twas like to doe
when I left ye place and seemingly ye pirates were increeseing
and groweing so strong under ye resolution of fortifieing and
strengthining the place and haveing got to so great a head that
consequently will putt ye Crown to some expence and charge to
reduce and subdue them, if speedy measures, be not takein from
hence and other Governmts. to putt a stop to their designs and
if lett alone will be of ill consequence. Encloses deposition of
Thomas Walker, junr. " to fully make appear how I was treated
pr. Hornigold ye pirate and others of his Society, together with
ye reasons of my comeing to this Province," etc. No signature.
Endorsed, Reed. 16th, Read 17th Jan. 17|f. typp. Enclosed,
328. i. Deposition of Thomas Walker jr., South Carolina, 6th
Aug., 1716, as to Benjamin Hornigold's threat to shoot
his father, etc. Signed, Tho. Walker, junr. Endorsed
as preceding. Copy. 1 p.
328. ii. Deposition of Richard Ward, New Providence. 14th
Oct., 1715. The Spaniards at the Havana were pre-
paring to cut off the inhabitants of the Bahama Islands,
on account of piracies committed upon them from
thence. Thomas Walker's arrival pacified them, etc.
Signed, Richard Ward. Same endorsement. Copy, f p.
328. iii. Governor Nicholson to Thomas Walker. Piscataqua,
Jan. 31, 1714 (15). I suppose you doe give the Lords
Commissioners of the Admiralty, of Trade, of the Customs,
and the Lords Proprietors a full accot. of all affaires
concerning your Commission as Judge of the Admiralty,
etc. Signed, Fr. Nicholson. Same endorsement. Copy.
1 p. [C.O. 5, 1265. Nos. 52, 52 i.-iii. ; and (without
enclosures) 5, 1293. pp. 64-68.]
329. Mr. Popple to Mr. Carkesse. On the 3rd of Augt. Mr.
Lowndes writ to the Commissrs. of the Customs upon a letter
from the Council of Trade and Plantations for an account of the
duty of 4| p.c. in the Leeward Islands, etc. Their Lordships
desire the said acct. may be dispatch'd with all convenient speed.
[C.O. 153, 12. p. 453.]
330. Commission and Instructions from the Lords Proprietors
of Carolina for Richard Pindar, Attorney Genl. of S. Carolina.
Signed, Carteret, P., M. Ashley, J. Colleton, J. Danson. Copy.
[C.O. 5, 290. pp. 99-101.]
331. Council of Trade and Plantations to Mr. Secretary
Methuen. Enclose extracts of letter from Governor Spotswood,
July 3, and affidavits relating to pirates in the Bahamas, etc.
Continue : This is a matter of such importance to the Trade
and Navigation of this Kingdom in those parts, that we find by
our books, the former Commissioners of this Board have made
8 several reports since 1702 to her late Majesty, setting forth
the miserable condition those Islands were in, by the neglect of
the Proprietors, the consequence it wou'd be of, shou'd they fall
Wt. 26355. C.P. 12.
178
COLONIAL PAPERS.
1716.
into the hands of the French, Spaniards or pirates, and the neces-
sity of immediately taking care thereof by the Crown, the
substance of which reports with our further observations are
contain'd in our Representation of 14th Dec. last. Refer to
Representation of 24th March (copies enclosed}. To which we
have nothing to add, but that shou'd the pirates, or any foreigners
make a settlement there, it wou'd cost much more to dislodge
them, then to secure those Islands in time, which seems absolutely
necessary to be done, for that they are by their scituation the
key to the whole Gulph of Florida, so that whoever is master of
them, may if they please be master of all the Spanish and most of
the French trade in those parts. Autograph signatures. 2 pp.
Enclosed,
331. i. Copy of C.S.P. Feb. 2, 170?.
331. ii. Extract of letter from Lt. Governor Spotswood, 3rd
July, 1716.
331. iii., iv. Copies of depositions of John Vickers and
Alexander Stockdale. [C.O. 23, 12. Nos. 72, 72 i.-iv. ;
and (without enclosures) 5, 1293. pp. 24-26.]
Sept. 13.
Whitehall.
332. Mr. Popple to Mr. Solicitor General. Encloses, for
his opinion in point of law, Act of Antigua, 1715, to enable Richard
Cockran and Archd. Cockran to dispose of certain lands in Old
North Sound etc. [C.O. 153, 12. p. 454.]
Sept. 13.
Hampton
Court.
333. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom etc. in Council. Confirming Act of Nevis to settle
the estate of Thomas Herbert etc. Signed, Ja. Vernon. Endorsed,
Reed. 22nd Sept., Read 31st Oct., 1716. 1| pp. [C.O. 152, 11.
No. 26 ; and 153, 12'. pp. 459, 460.]
Sept. 13.
Hampton
Court.
334. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom etc. in Council. Referring to the Lords Commissioners
of the Treasury Capt. Walton's petition and the representation
thereon, May 15th, to do therein for the said Walton as their
Lordps. shall think proper. Signed and endorsed as preceding.
1J pp. [C.O. 152, 11. No. 27 ; and 153, 12. pp. 461.]
Sept. 13. 335. G. Bampfeild to Mr. Popple. Prays that an Act of
Jamaica, 1703, to confirm an agreement between Olivia Read and
Nathaniel Brown etc., and an Act of Antigua, to enable Richard
and Archibald Cockran to dispose of certain lands, may be confirmed,
etc. Signed, G. Bampfeild. Endorsed, Reed. Read Sept. 13,
1716. I p. [C.O. 137, 12. No. 1 ; and 138, 14. pp. 472, 473.]
Sept. 13.
Whitehal.
336. Mr. Popple to John Fortescue Aland, Solicitor General.
Desires his opinion in point of law upon Act of Jamaica, to confirm
an agreement between Olivia Read etc., ut supra. [C.O. 138, 14.
pp. 473, 474.]
AMERICA AND WEST INDIES.
170
1716.
Sept. 13.
Hampton
Court.
Sept. 18.
Sept. 18.
Jamaica.
337. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom etc. in Council. Referring following to the Council of
Trade and Plantations for their report. Signed, Ja. Vernon.
Endorsed, Reed. 18th, Read 27th Sept., 1716. 1 p. Enclosed,
337. i. William Penn, absolute Proprietor and Governor in
chief of Pensilvania, and his Trustees to H.R.H. the
Prince of Wales. Requests the Royal approbation of
William Keith appointed by them Lt. Governor over
the said Province, etc. Signed, William Penn, Hen.
Goaldney, Silvans. Grove, Joshua Gee. Copy. 1 p.
[C.O. 5, 1265. Nos. 37, 37 i. ; and 5, 1293. pp. 27-29.]
338. Mr. Perry and Mr. Hyde to Mr. Popple. Offer to be
sureties for Mr. Keith etc. (v. preceding}. Signed, Micajah Perry,
John Hijde. Endorsed, Reed. 18th, Read 27th Sept., 1716.
Addressed, f p. [C.O. 5, 1265. No. 38.]
339. Peter Hey wood, Commander in Chief of Jamaica, to
the Council of Trade and Plantations. It has been impossible
to gett the Minutes of Councill transcribed (v. Aug. llth). I
am sending one copy to the Secretary of State with the original
depositions, and a copy of the Minutes to the Board by the next
ship, etc. Refers to enclosures to the Governors of the Havanna and
St. Jago de Cuba, etc. I have intentions to send some person to
make a formal demand of the vessells taken by their privateers
and restitution of their effects etc. Signed, Peter Heywood.
Endorsed, Reed. 30th Nov., 1716, Read 9th Jan., 17ff. 1 p.
Enclosed,,
339. i. Peter Heywood to the Governour of the Havanna.
Jamaica, 16th Aug., 1716. I have H.M. positive
commands to inquire into the male disorders of some of
his subjects against those of his Catholick Majesty, etc.
As H.M. hath and will do all things becoming a friend
and good allie etc., so he cannot doubt of a suitable
return from his Catholick Majesty by his causeing his
subjects to make repairation to the English for the great
injuries done them since the cessation of armes by land-
ing on this Island and robbing their plantations of their
negro slaves, etc., by taking their vessells going on their
lawfull occasions (without their having been guilty of
any prohibited trade) and by frequent depradations
committed by the Guarda del Costas under pretext of
securing their own trade, who have piratically carryed
our ships and vessels to the city of Trinedad, where
right or wrong they have been condemned as good prizes,
wch. hath been represented often to the Marqs. de
Cassa Torres, but no redress could ever be obtained
for his Britannick Majesty's subjects, which may have
irritated too many of them, and carryed them on to the
commission of severall acts which cannot any wayes
be justifyed. Very lately I have an account of seven or
eight vessells carryed into St. Jago de Cuba and
180 COLONIAL PAPERS.
1716.
Trinidad, and unjustly condemned, so that their
Majestyes subjects here in the Indies seem to be at
open warrs, whilst there is so perfect an understanding
between them at home etc. Invites H.E. to put a stop
to such illegal proceedings and to order satisfaction to
be made etc. Signed, Peter Heywood. Endorsed as
preceding. Copy. 2 pp.
339. ii. Peter Heywood to Don Matheo Lopez de Congas,
Governour of St. Jago de Cuba. 24th Aug., 1716.
Asks for reparation, as in preceding, for vessels unjustly
condemned as prizes at St. Jago on Cuba, etc. Signed
and endorsed as preceding. Copy. 2 pp.
339. iii. Address of the Independant Companies at Spanish
Town to Peter Heywod, Commander in Chief of Jamaica.
We have six months' pay due, etc. Going to be paid
this day our Lieutenant would pay us but four months
and out of that stop mony etc. Lord Hamilton promised
us new cloaths and we have paid the mony, but have
not had any. We humbly desire to know before he goes
off the Island, who will pay the remainder of our mony
etc. Going to Lord Archibald Hamilton to know how
we should come by our cloths, or our money, which
we have paid upon that account, he has ordered Corporal
Moody to be put in close prison until he is gone off the
Island, etc. Pray for justice. Same endorsement. Copy.
1 p. [C.O. 137, 12. Nos. 22, 22 i.-iii. ; and (without
enclosures) 138, 15. pp. 170-172.]
Sept. 20. 340. Order of Prince of Wales, Guardian of the Kingdom, in
Hampton Council. Confirming grant of lands to Col. Partridge with such
clauses and exceptions as are mentioned in the report of the
Council of Trade and Plantations, 16th Aug., etc. Set out,
A.P.C. II., pp. 711-714, q.v. Signed, Edward Southwell. En-
dorsed, Reed. 8th, Read 16th Jan., 17^f. 1| pp. [C.O. 5, 866.
No. 100 ; and 5, 915. pp. 24, 25.]
Sept. 20. 341. Mr. Carkesse to Mr. Popple. Encloses following.
Custom ho., Signed, Cha. Carkesse. Endorsed, Reed. 21st Sept., Read 2nd
lon ' Nov., 1716. I p. Enclosed,
341. i. Account of the net produce of the 4| p.c. in Barbadoes
and the Leeward Islands 1702-1715. Total, 78,528
2s. 5d.=6040 per annum. Signed, Robt. Paul,
Assistant Compr. Genl. 1 p. [C.O. 152, 11. Nos.
29, 29 i. ; and 153, 12. pp. 463, 464.]
Sept. 21. 342. Mr. Popple to Mr. Pringle. Encloses letters directed
Whitehall, to the King of Spain, sent by Governor Lowther (v. July 20),
to be laid before Mr. Secretary Methuen. [C.O. 29, 13. pp.
341, 342.]
Sept. 24. 343. Mr. Secretary Methuen to the Council of Trade and
Whitehal. Plantations, Encloses following etc. Continues : You are to
AMERICA AND WEST INDIES.
181
1716.
report what you shall judge may be most effectual for retrieving
the bad condition of that Island, and as this is a service of
importance, I shall be very ready to concur with you in your
deliberations on this head, and to meet you when you shall let
me know that it is convenient for you. Signed, P. Methuen.
Endorsed, Reed. 26th Sept., Read 16th Oct., 1716. 1 p.
Enclosed,
343. i. Thomas Pitt to H.R.H. George Prince of Wales, etc.
Appointed Governor of Jamaica, petitioner has endea-
voured to gain the best account he is able of the present
state of that Island, etc. He is inclined to believe that
the affairs of that Country are in great disorder and
confusion. That the Island is also in a most dangerous
state and almost defenceless, as well from the want of a
greater number of white people to prevent any insur-
rection of the negroes, as ships of war to secure the
coasts, trade and navigation, and to put an end to the
robberyes and disorders in those parts. Prays that the
condition of Jamaica may be taken into consideration
and that he may be given such instructions and powers
as may be thought necessary, etc. 1 p. [C.O. 137, 12.
Nos. 2, 2 i. ; and 138, 14. pp. 474-478.]
[Sept. 27.] 344. The case of William Keith, late Surveyor Genii, of the
Customes in America. In spite of his good services to H.M. in
Virginia, Jamaica and Carolina, 1714-1715, approved of by the
Commissioners of Customs, he was superseded by a warrant from
the Treasurer to appoint another gentleman in his room. He is
now come home to justifie his reputation. But being recom-
mended by a considerable body of the people called Quakers,
the Proprietor has nominated him Lt. Governor of Pensilvania,
etc. Prays for their Lordships' favour and dispatch of reference,
Sept. 13th. Endorsed, Reed. 27th Sept., Read Oct. 16th, 1716.
1 p. [C.O. 5, 1265. No. 39.]
Sept. 27.
Whitehall.
345. Mr. Popple to John Fortescue Aland, Solicitor General.
Encloses Act of Barbadoes, 1716, to dock the intail on a plantation
in St. Michael's parish, and to enable Tho. Somers to sell the same,
etc., "Upon which Act the Council of Trade and Plantations
desire your opinion in point of law, with what convenient speed
you can." [C.O. 29, 13. pp. 342, 343.]
Sept. 27.
Whitehall.
Sept. 29.
346. Mr. Popple to Mr. Solicitor General. Encloses, for
his opinion in point of law, Act of Antigua, 1716, to enable Andrew
Murray and Elizabeth his wife to alien or settle certain lands, etc.
[C.O. 153, 12. p. 455.]
347. Petty expenses of the Board of Trade, stationery,
postage, etc., from Midsummer to Michaelmas, 1716. 4 pp.
[C.O. 388, 77. Nos. 20-22.]
182 COLONIAL PAPERS.
1716.
Oct. 2. 348. Governor Hunter to the Council of Trade and Plantations.
Abstract. Replies to letters of 15th and 22nd March and 30th May
as well as his heavy indisposition will allow. The Province lies under
the deepest obligations of gratitude to the Board for their regard
to their interest and their care in what relates to the Naturaliza-
tion Act. He warned its projectors that they were rendering it
liable to objection or repeal. The present Assembly, the best
he has seen here, will, he believes, pass another Act not liable
to those objections, etc. Mr. David Jamison is the same person
as that mentioned by Lord Bellomont, who was however grossly
imposed upon as to his character. Gives his history and character.
It is to his art and management that is owed chiefly any legal
establishment they have there for the Church of England, etc.
Can only explain the disappointment from the trees prepared for
tar by supposing that they were pierced contrary to instructions
in the inward rind by an unskilful and unruly multitude. The
country contains pine woods enough to answer the uses of all
navigation by England and the pine-trees are full of turpentine.
But after the disappointments he has met with, he cannot advise
renewing the project until they have persons skilled in the method
of preparing the trees as in the East country etc. Sends as exact
a map and an explanatory index of the country about the Lakes
as he could get made. The place where he proposes a fort is
the great carrying place or Fort Nicholson, because of the easy
communication with the other forts, and the neighbourhood of
the pine woods and mast woods. If necessity require, another
may then be built later at the entry of the Lakes with greater ease.
It will not be easy to carry through a bill for a second resumption
of lands, though many of those resumed by the former Act were
held by less extravagant grants than many which were left. If
the Act for the better settlement and assuring of lands in this Colony,
passed in 1710, were annulled, it would pave the way for the other.
It is apparent that extravagant tracts of land being held by single
persons unimproved is the true cause that this Province does not
increase in numbers of inhabitants in proportion to some of the
neighbouring ones. Encloses Acts passed during the last Session.
Samuel Mullford is embarked for London. He is the only
mutineer at present in the Province and has in all administrations
flown in the face of Government and has ever and alone disputed
with the Crown the right of whale -fishing. Judgment has been
given against him in the Supreme Court. He is now under
prosecution for publishing a false scandalous and malicious libel,
containing false and unjust reflections on the Government, as
it was voted by the House of Representatives, (enclosed). Refers
to Minutes of Council, etc. Accounts of the Revenue will be
sent next week. Printed, N.Y. Col. Docs. V. 477. Signed, Ro.
Hunter. Endorsed, Reed. 10th Dec., 1716, Read 14th Nov., 1717.
9| pp. Edges rubbed. Enclosed,
348. i. Samuel Mulford's speech to the Assembly at New York
against settling a duty for the support of the Govern-
ment, April 2, 1714. Signed, S. Mulford. Endorsed as
preceding. Printed. 1% pp.
AMERICA AND WEST INDIES. 183
1716.
348. ii. Bishop of London to David Jamison. Fulham, 24th
Oct., 1710. Expresses gratitude for his good services
to the Church, etc. Signed, H. London. Same endorse-
ment. Copy. 1 p. [C.O. 5, 1051. Nos. 34, 34 i., ii. ;
and (without enclosures) 5, 1123. pp. 466-479.]
Oct. 2. 349. Governor Hunter to the Council of Trade and Plantations.
New York. Abstract. This relates to the affairs of the Jerseys. After Mr. Cox
with his associates was expelled from the House of Representa-
tives, upon information that he and his emissaries were carrying
papers privately round the Provinces for subscriptions, the
Governor and Council ordered their arrest, whereupon they fled
the Province etc. Cox with Bustill, a very mean wretch, but his
chief instrument, is now sailed for England. Suggests that Mr.
Cox and Mr. Sonmans, who have fled from justice, should be sent
back to be tried in the Province, before any complaints are
received from their hands. He himself is ready to answer the
strictest enquiries into his administration. Has issued a Proclam-
ation for the Assembly to meet at Burlington, for since the
removal of that Boute-feu, the Country is quiet. Believes he
will have a good session there. Encloses the only Act passed
last session, to enforce the payment of publick taxes, Mr. Cox and
his associates having ever refused to pay their taxes. His
party have hardly paid one farthing without being distrained.
Has ordered the Treasurer to transmit accounts of the Revenue,
which he will send, etc. Printed, N.J. Archives, 1st Ser. IV. 260.
Signed, Ro. Hunter. Endorsed, Reed. 10th Dec., 1716, Read
27th Nov., 1717. 3 pp. [C.O. 5, 971. No. 27 ; and 5, 995.
pp. 365-368.]
Oct. 3. 350. Governor Hamilton to the Council of Trade and
Antigua. Plantations. Acknowledges letters of 30th May and loth June.
Continues : I shall according to your Lordships' order, direct the
proper officers throughout the severall Islands, that they abstract
all minutes of Councill and Assemblys, as well as the Acts, and
put them in the margents. I am verry much obliged to your
Lordships for so timely recommending the sending of a man of
war, which by Mr. Burchett's letter, I see may be expected verry
soone, till then am still a sort of a prissoner, as for giving your
Lordships a particular accoumpt of pirates, that is hardly
possible, for they are sometimes seen for some days, and then
shift theire stations, the great one that was in these seas, just
before I arrived, was a ship of 36 guns, the Capt. a French man,
the ship's crew (as I was informed) were of most all nations, the
last that was seen, was to the windward part of this Island, when
ever I can learne any particulars, I shall not faile to informe your
Lordships thereof as soone as possible. As to the Virgine
Islands, refers to 1 4th April etc. When a man of war arrives,
shall soone after visitt those Islands, and then I shall be able to
give a more particular acct. etc. As to the Governours of Anguilla
and Spanish towne, they have no appoyntment at all, and are
always made by the Governour in chiefe out of the best of the
184 COLONIAL PAPERS.
171(5.
inhabitants and are under the direction of the Governour in
chiefe of these H.M. Islands, from whom they receive theire
Commissions and Instructions, and it is sometimes with dificulty
to gett one that's tolerable fitt amongst them to take the command
upon them, they being but a handfull of people, as your Lordships
may perceive by the inclosed list of the inhabitants and slaves
upon Anguilla, which I beleve has more people and slaves upon
it, then all the rest of the other litle Islands, the acct. of wch. I
have not yett received, but shall send as soone as possible after
it corn's up, the produce of these Islands is chiefly in raising of
small stock, and some little quantity of cotton, had these people
incouragement given to them, by giving them small tracts of
land in the former French part of St. Christophers, and ordered to
remove up there, I am of opinion it would prove vastly for H.M.
servis, and the strengtening of all the other chiefe Islands,
for now they are almost useless, and of verry little advantage to
the Crowne, etc. P.S. I herewith send an Act to explaine part
of the Militia Act for St. Christophers etc. Signed, W. Hamilton.
Endorsed, Reed. 24th Nov., 1716, Read 5th April, 1717. 2 pp.
Enclosed,
350. i., ii. Duplicates of No. 425 iv.
350. iii. List of inhabitants of Anguilla, Totals : Men, 89 ;
women, 103 ; children, 342 ; negroes, 820 ; working
negroes, 514. Endorsed as letter. 4 pp. [C.O. 152,
11. Nos. 56, 56 i.-iii. ; and (without enclosures) 153,
13. pp. 13-16.]
Oct. 3. 351 . Lt. Governor Moody to the Council of Trade and
Placentia. Plantations. The miserable cercomstances which H.M. Garrison
here is in, for want of their cloathing, being allmost quite naked,
and all the fortifications, barracks, and houses, being in a manner
quite open to the attacks of an enymy, and to the injuries of the
severe cold winters, which makes me humbly supplicate your
Lordships' favourable interposition in their behalf e for a speedy
removeall of their miseries, by a proper supply of clothing, pay,
and mony, for to provide them with beer and fire and candle
etc. : and that the fortifications and barracks may be put into
repair, which if they are not speedyly, it will be out of my power
any longer to hinder a total cQsolution of the garrison, and what
bad effect, that may have upon the trade of Newfoundland, by
giveing the French at Cape Brittoon and Cannada incouragement
to instigate the savages to overrun this country in the winter,
I humbly submitt to your Lordships' better judgment, humbly
acquainting your Lordships that I am pritty assured that the
French and savages at Cannada have such a project in agitation,
for they know how this garrison and fortifications, has been,
and still is, neglected since I oblidged them to quit this Collony,
whilst they spare neither cost, nor trouble to fortifie Cape Brittoon
in three places, etc. Signed, J. Moody. Endorsed, Reed. 29th,
Read 31st Oct., 1716. 1 p. [C.O. 194, 6. No. 18 ; and 195,
6. pp. 292, 293.]
AMERICA AND WEST INDIES.
185
1716.
Oct. 10.
Jamaicu.
Oct. 10.
Whitehall.
352. Peter Heywood, Commander in Chief of Jamaica, to the
Council of Trade and Plantations. I send herewith coppy of the
Minutes of Councill, to the going away of Lord A. Hamilton in
H.M.S. Bedford, Capt. Thomas Lyell, who set sayle from Port
Royall Keys 21st Sept., since which nothing very material has
offered only complaints of masters of vessells that have been
taken coming from H.M. Northern Plantations whose depositions
I have laid before the Assembly and recommended the matter
to their care on the 5th instant. I presume to inclose a letter
sent by one of these poor men that were taken from one of the
most audacious villains that is on board those py rates, which I
am inform 'd are now three and for the most part have hitherto
layn between the east end of the Island and the narrow of the
Windward passage. The Assembly met 17th Sept. and have satt
close to buisness being very unanimous in all their resolutions
and I have no reason to doubt but they will continue so for the
generall good of the Island and the honour of his sacred Majesty
being in generall gentlemen of the best estates in the Island and
truely well-affected to H.M. and his Government. No bill
having yet past, I thought it needless to trouble yr. Lordships
with the Minuits but as I think the session will be but short, so
I hope by the next ship to send coppy s of all our proceedings.
Signed, Peter Heywood. Endorsed, Reed. 21st Dec., 1716, Read
9th Jan. 17^f . 1 p. Enclosed,
352. i. Stephen Smith to H.E. Peter Heywood. I was
obliged to leave the Island on the account of the accident
that happened, and now am forced to go a pirateing
for to gett a living which is much against my will.
Could I but have pardon, I would directly come in, and
bring a great many more English men along with me,
etc. Signed, Stephen Smith. Endorsed as preceding.
1 p. [(7.0. 137, 12. Nos. 23, 23 i. ; and (without
enclosure] 138, 15. pp. 173-175.]
353. Mr. Secretary Methuen to Governor Hunter. Having
laid before H.R.H. a memorial in your behalf, which was put
into my hands by Mr. Bampfield your Agent, in which it is
desired that you should have leave to be absent for some time
from your Governmt., and to come hither, I am to acquaint you
that though H.M. service in those parts cannot allow of your being
long absent, yet in regard that your presence here seems necessary
for your own private affairs, H.R.H. has been graciously pleased
to condescend to your request and to allow you to be absent for
eight months. H.R.H. has that confidence in your good conduct,
and your zeal for H.M. service, that he does not doubt, but that
you will give the proper directions for the administration of the
Government during your absence, etc. Signed, P. Methuen.
Annexed,
353. i. Warrant of H.R.H. the Prince of Wales, Guardian
of the Kingdom, Hampton Court, Oct. 9th, 1716,
granting Governor Hunter leave to come to Great
Britain for eight months, as well for the recovery of his
186 COLONIAL PAPERS.
1716.
health as to settle some private affairs of his own, etc.
Countersigned, P. Methuen. Copy. [C.O. 5, 190. pp.
372, 373.]
Oct. 10. 354. Mr. Solicitor General to the Council of Trade and
Plantations. I have considered the Act of Barbadoes to dock
the intail limitted on a certain plantation scituate in the parish
of St. Michael, and to enable Thomas Somers to sell the same, etc.,
and am humbly of opinion that the said Tho. Somers being seised
of an estate tail, in the said plantation and negroes, with the
reversion in fee, expectant thereon to himself, the passing of an
Act to dock that intail, and to vest the estate in himself hi fee
simple, to pay his debts and to make provision for his family,
is just and reasonable ; and no more than what is done constantly
in England by fine and recovery ; and Acts of the like nature
have been often pass'd in Barbadoes. Signed, J. Fortescue
Aland. Endorsed, Reed. 15th, Read 31st Oct., 1716. 1 p.
[C.O. 28, 14. No. 56 ; and 29, 13. pp. 343, 344.]
Oct. 16. 355. Mr. Solicitor General to the Council of Trade and
Plantations. Reply to 24th May. I have considered of the Act
of Antigua to enable Andrew Murray, etc., and am humbly of
opinion, that Elizabeth Murray, being seized of an estate tail,
in the moiety of a plantation there, by the will of John Drew,
with a remainder over to Jno. Baxter in fee and simple, the
passing of an Act to dock that intail, and to bar the remr., in
order to make the family easy, and to secure fortunes to the
daughters of the said Eliz. Murray by her former husband, and
to preserve the estate of her eldest son, is just and reasonable ;
and what might be done in England, if the lands lay there, by
fine and recovery, without being oblig'd (as this Act does) to
secure the 2,000 fortune to the said daughters, which is both
prudent and honourable in her who is to dock this entail. Signed,
J. Fortescue Aland. Endorsed, Reed. 18th, Read 31st Oct.,
1716. 1 p. [C.O. 152, 11. No. 25; and 153, 12. pp. 456,
457.]
Oct. 16. 356. Council of Trade and Plantations to H.R.H. George
Whitehall. Prince of Wales, Guardian of the Kingdom etc. and H.M. Lieut,
within the same. Reply to 13^ Sept. Having received a good
character of Mr. Keith, we have no objection against your Royal
Highness' approbation of him accordingly ; security being first
given for his observing the Acts of Trade and Navigation as in
the like cases ; and provided Mr. Penn do renew the declaration
made by him relating to H.M. right to the 3 Lower Counties.
[C.O. 5, 1293. pp. 29, 30.]
Oct. 16. 357. (a) Thomas Pitt to Mr. Secretary Methuen (cf. Sept.
24). The disorder and defenceless state of Jamaica may be justly
attributed to (1) the Assembly's disregarding the King's letters
and instructions etc., and in a manner assuming the executive
part of the Government. (2) To the Assembly's not providing
AMERICA AND WEST INDIES. 187
1716.
an additional subsistance to the two Independant Companies or
supplying the Revenue with money etc. (3) To their not making
laws for the better encouragement of white people to come and
settle, but framing such as would suspend those of much greater
encouragement than the laws they offer. (4) From some persons
solliciting subscriptions, and thereby raising money and sending
it to England to sollicit, as pretended, the affairs of the Island,
but in reality to support a faction against a Governor and Council.
(5) From the Agents of such persons taking opinions and trans-
mitting them to Jamaica of lawyers on points determin'd already
by the Government here, such as the powers of Assemblys to
adjourn themselves, for what time they please, without leave of
the Govr. and that the Council have no right to mend money
bills etc., which can tend to no other end than to keep up party
and division to distress the Government, and make Govrs. uneasy
at the pleasure of unreasonable men. (6) From the want of a
greater number of white people and ships of war etc. as No.
344, i. For remedy whereof 'tis humbly propos'd that the
Govr. be instructed concerning the following points. (1) Upon
the Assembly's declaring they have a power to adjourn themselves
without leave of the Governor for what time they think fit. (2)
Upon their declaring the Council have no right to mend money
bills. (3) Upon their appointing other persons, than the Receiver
Genl. to collect publick moneys. (4) Concerning the better sub-
sistance of the soldiers in case the Assembly do not provide for
them. (5) To recommend to the Assembly concerning any debt
may be owing any persons who have advanc'd money for the
better subsistance of the soldiers. (6) Concerning the other
debts of the Govt. unprovided for. (7) That the Treasury be
duly supply'd with money for the support and honour of the
Government or that a Revenue be setled equal to the annual
expence of the Government, which is computed at 6000 pr.
annum and the present setled Revenue not to amount to 4000.
(8) Concerning the encouragement of white people to come
and settle. (9) That lands and houses may be extended to the
payment of debts. (10) That neither Councillor or Assembly
man be allow 'd any protection, unless in his person from suit at
law. (11) Concerning the raising of money by subscriptions in
the Island to manage as it's term'd the affairs of that country
in England. (12) That persons may not be appointed of the
Council without being very well known and recommended. (13)
That ships of war be sent to the Island and to be under the
direction of the Govr. during their stay in those parts, and that
care be taken that they be reliev'd by others when recall'd.
(14) That the Acts pass'd in Jamaica, and not yet confirm'd by
the Crown may be taken into consideration, either confirm'd or
disapprov'd before the departure of the Governor. (15) That the
Govr. be impower'd to appoint the Clerk and other officers
attending the Assembly. Endorsed, Reed, (from Mr. Secy.
Methuen) Read 16th Oct., 1716. 3f pp.
(b) Copy of clauses from Governors' Commissions and Instruc-
tions relating to the suspension and appointment of Councillors,
188 COLONIAL CAPERS.
1716.
which have been found inconvenient (by Governor Spotswood
etc.) Endorsed as preceding. 2^ pp.
(c) Governor Lord A. Hamilton to Mr. Secretary Stanhope.
Jamaica, 12th June, 1716. Duplicate of letter to Council of Trade,
June 12, with additions : Whatever clamours the partyzans of
this Assembly have endeavour'd to raise, it will demonstratively
appear by the Representation of the Council (v. June 12), that
nothing has been asked or endeavour'd by me but for the security
and wellfare of this Island, in conformity to H.M. Royall Letter
and Instructions, and that no supplys have been offer'd by
the Assembly or any bills prepar'd by them but in direct opposition
to those Instructions, and clog'd in such a manner that it was
impossible to accept them, without giving up that authority
which H.M. has been pleas'd to intrust with His Governor and
Council. And yet these very men who had not themselves shown
the least duty to H.M., and whose very Act the most plausible
for Loyalty, their Schism Bill, as it well may be cal'd, as they had
past it, without the amendments of the Council, plainly discover 'd
the same principalls which had lately been made use of by the
enemys of our Constitution to weaken us, had the insolence in
order to provoke me to a desolution of them, to send me a message
by three of their Members, one of them a profest Jacobite, calling
in question my loyalty, which message I treated with that
resentment and contempt I thought it deserv'd. When I
acquaint you, Sir, that the Leaders of those men (whatever their
pretences are now) suffer 'd their joy to eclat formerly upon the
change of that Ministry, which had once rais'd, and are now
retrieving the Glory of the British Nation ; when you are inform 'd
that those men joyn'd with Sr. Hovenden Walker, and Mr. Keith
in their unjustifyable proceedings here ; and by their recom-
mandations in opposition to me, mett with so much countinance
from some of the then Board of Trade, that my complaints
against them, but procur'd them favours, whilst it was then made
a crime against me, that I favour'd particular men, who have
allways most remarkably distinguished themselves for the
Protestant Succession ; And when the proceedings of this Assem-
bly are consider'd and found of a piece with those I submitt
whether too much cause has not been given, for suspecting
disaffection to His Majesty, but I will be more just to this Country
notwithstanding all the violence of their late Representatives,
then to accuse them in generall of Jacobitism, on the contrary
I hope there are not many amongst us, and I'm sory there shou'd
have been any in that body of men ; their leaders however must
be answerable, or assign some other rationall cause .of their
proceedings. After what I have said I think it is my duty to
name Mr. Beckford, who is the chief, and allmost absolute Leader,
for who's character I beg leave to referr you to the accots. given
of him by my predecessor Major Genii. Handasyde. This is
the person I complained of to the Queen's late Ministry, but had
no other effect from it, then his obtaining a new place in the
Customs, and copys of my letters were had here, and handed
about the Country long before \ had obtain 'd any answers to
AMERICA AND WEST INDIES. 189
1716.
them ; which has enabled them to create me much of the
opposition they have since made. I must acknowledge with
thanks since H.M. happy accession to the Crown I have had a
very different treatment from that Board, and indeed all the
support I desired ; two Gentlemen having been at my request
removed from the Council, one of them since Speaker to the late
Assembly, whether their conduct in that Assembly do's not
verify the character I gave of them to that Board, I submitt to
their determination. In short Sir our misfortune here both
with respect to the King's service, and that of the Island which
are indeed but one is, that there are but very few men amongst
us, who discern the tendency of their own proceedings, or are
capable of judging of their own true interest, and yet are much
more positive and violent then in colder climates ; and as there
is no one person in an Assembly, who is either an officer of the
Crown, or has any particular dependance upon it, and by their
assuming a right to tax all the King's officers here at pleasure
whereby they draw of in great measure even the officers' service
from the Crown, or at least much abate that zeal that is incumbent
on them to show, it is easy for two or three designing and ambitious
men, to render themselves popular by their opposition to Govern-
ment, especially in the Article of giving money, and this opposition
must be unavoidably of very ill consequence where not only the
extraordinarys, but even the ordinary support of the Government,
needs their annuall assistance. Endorsed as preceding. Enclosed,
(d) Copy of Governor Lord A. Hamilton's Commission to the
sloop Eagle, Capt. John Wills, for taking pirates. St. Jago de
la Vega, Nov. 21st, 1715. Signed, A. Hamilton. Enclosed in
preceding. 1% pp.
(e) Copy of Instructions for preceding. Same date, signature
and endorsement. 2 pp.
(/) Copy of form of bonds taken for vessels commissioned as
above. Signed, J. Wills and two others. \\pp.
(g) Copy of letter from the Marquis de Cassa Torres, Governor
of the Havana, to Governor Lord A. Hamilton. Havana, Jan.
3, 1716 (N.S.). Complains of depredations committed by
British subjects. Cf. May 19, Nos. i. and iii. Signed, El Marqs.
de Cassa Torres. Same endorsement. Spanish. Copy. 1 pp.
(h) Governor Lord A. Hamilton to the Governor of the Havana.
Jamaica, 27th Feb., 1716. The matters complained of in your
letter preceding and a Memorial of Capt. D". Juan del Valle (v.
May 19) has been under inquiery before me in a Council of State
of this Island etc. We all declare the uttmost detestation of
the hostilities and depredations said to be committed etc. I
had an opportunity of giving an early instance of my sincerity and
readiness strictly to observe the Treatys of Peace and Commerce
upon occasion of a descent upon Hispaniola just after the
suspension of arms, and before it was known to the persons
making that descent, for which I caused full satisfaction to be
rendered in two days after complaint etc. I was very much
surprized when upon a like application some little time after to
the severall Governments of Cuba in behalf of one of his Britannic
190 COLONIAL PAPERS.
1716.
Majesty's subjects on the north side of this Island who was
robbed and plundered by the subjects of his Catholick Majesty
and noe satisfaction could be obtained which cannot be unknown
to your Excellency, the person aggreived having personally
attended you with letters from myself. So that the Spaniards
being the first aggressors I conceive they should be the first to
give satisfaction, at least it is highly reasonable that the satis-
faction to be made should be reciprocall. As to such part of the
Flota ship wreckt on the coast of Florida, as remained in the
possession of the subjects of his most Catholick Majesty, of which
it is pretended they were dispossessed, I do admitt that the
dispossessors are robbers and ought to be treated as such, but
conceive such part of the said Flota (if any) lying derelict from
which the subjects of his Catholick Majesty were not drove and
forced out of possession, belonged to the first occupant. I do
likewise admitt that restitution ought to be made to the subjects
of his Catholick Majesty, for their losses sustained by hostilities
committed on them by the subjects of his Brittanick Majesty
since the first suspense of arms. In answer to the memorial
presented to me by Dn. Juan del Valle, it was offered to his
consideration whether the prosecuting the officers and mariners
belonging to the two vessells complained off, or issuing such
proclamation as is desired in the said Memoriall may not probably
deterr others that are still out, and may have been upon the
wrecks from returning to this Island, and be a means of putting
them upon desperate attempts of more pernitious consequence to
the Crown of Spain, and whether deterring prosecution untill the
return of all or most part of the vessells suspected to have
committed any unlawful act, may not upon that account be most
adviseable, but left him to his own liberty to take such measures
against the subjects of his Britannick Majesty in this Island
for the satisfaction of the King of Spain and his subjects for all
hostilities committed on them as by the laws of Great Brittaine
and this Island are prescribed. Don Juan declined insisting on
any criminall prosecution, alledging that in case of any such
consequences happening, the blame might be imputed to him,
and desired such measures for satisfaction should be taken as
were just and reasonable. But as to the restitution to His
Brittanick Majesty's subjects, he knew noe other way but by
applying to the Court of Spain, etc. I am obliged to represent
to your Excellency, the almost dayly robberys and hostilitys
committed on the subjects of his Brittannick Majesty passing
the seas on their lawfull occasions to and from this Island by
Spanish vessells said to have Commissions for guarding their
coasts from Trinidado to other Spanish ports. I cannot but
expect that your Excellency will give such effectuall orders as
may prevent further irregularitys of that nature, by vessels fitted
out from any ports within the extent of your Government, as on
my part I shall do the like, etc. I cannot but insist with the
most pressing instance I am able, that reciprocall satisfaction
and restitution be made for the damages sustained from hostilitys
committed on either side which on our parts we shall be ready
AMERICA AND WEST INDIES. 191
1716.
and willing to enter upon, etc. Signed, A. Hamilton. Same
endorsement. Copy. 2% pp. [C.O. 137, 12. Nos. 3-10 ; and ((a)
and (c) only] 138, 15. pp. 1-26.]
Oct. 17. 358. Mr. Solicitor General to the Council of Trade and
Plantations. Reply to Sept. 13. I have consider'd of the said
Act of Jamaica, which is for ye confirmation of a family agreemt.,
(stated) and is reasonable to pass into a law etc. Signed., J.
Fortescue Aland. Endorsed, 18th, Read 31st Oct., 1716. 1 p.
[C.O. 137, 12. No. 12 ; and 138, 15. pp. 16, 17.]
Oct. 24. 359. Thomas Onslow to Mr. Popple. Encloses following to
be laid before the Council of Trade and Plantations. Signed,
Tho. Onslow. Endorsed, Reed. 24th Oct., Read 2nd Nov., 1716.
| p. Enclosed,
359. i. Extract of letter from Mr. Bowes to Mr. Onslow,
Jamaica, Aug., 1716. The changing of the Council has
been a great check to all business of the Island, and seems
to have been pois'd by a very nice hand ; for as they
now stand, there is five to five, in one classe are Messieurs
Chaplin, Blair, Risby, Beckford, Bennet ; in the other,
Rose, Barnard, Peeke, Mumby, Broderick ; and upon
the question of calling an Assembly, the division was
equal ; so that His Excellency the Governor, was put to
determine it, and the writs are out accordingly. This
equality has occasion'd many differences, etc., and keeps
up a spirit of discontent and opposition amongst them.
The enquiry into the late depredations and irregularities
at sea, will be so far from remedying the evil, that it will
rather encrease it, and the attempt of taking up some of
the piratical sailors has so alarm 'd the rest that it seems
they are gone off in swarms, whereby what was done
before, by encouragement or accident, will now, 'tis
doubted, be done under an apprehension or pretence of
necessity ; on the other hand, the Spaniards and
French continue to make so great and continual
depredations by taking and killing us, that no merchant
ship that puts to sea, but seems to need more than an
insurance. Very lately some of these Capers took four
or five loaded sloops coming from New York and that
way, and carried them into Trinedado, the great
receptacle of these pirates. The Assiento has, inter
alia, rais'd negroes to 35 and 40 pr. head. The goods
carried to New Spain, and the irregularities, hostilities
etc. mutually committed by them and us, have ruin'd
all commerce. Remittances home carry away our heavy
mony, and the trade of indico, cocoa, French wine and
brandy (for want of a better) run away with our light ;
so that this Inquisition with the other disadvantages,
will in a good measure finish the fate of the Island. The
most considerable of our planters are daily leaving us,
our merchants and factors that can, are doing the same.
192 COLONIAL PAPERS.
1716.
Many of our sailors have been engag'd in things un-
warrantable, and most of them, I doubt, are like to do
so, if speedy care be not taken. The Spaniards etc.
watch us so, that there is no stirring in safety out of
the Island ; within is this inquirendum ; and people
are sent for every day, and committed till they give
security to appear when e're call'd before the Governor
and Council, and to follow, is something, we know not
what ; And this is our wretched condition. If it be as
our merchants affirm, and say, they can make appear,
that the Spaniards have injured us to a much greater
value than we have them, it may be ask'd to what
purpose this inquiry ? which for ought yet appears,
is like to be but on one side. I hear of no inquiry into
our losses etc. Besides, the evil encreases, which three
or four cruizers wou'd have put a much more effectual
stop to, than what is a doing etc. I can see no full and
effectual end of these things, but the restoring some
trade to Jamaica, or gaining some new advantages for
it. Without one or the other, men must either desert
the country (which all will not do) or they will lye under
a strong temptation of taking unwarrantable methods
to get mony. 3| pp. [C.O. 137, 12. Nos. 12, 12 i. ;
and 138, 15. pp. 29-34.]
Oct. 25. 360. William Penn.'s declaration concerning H.M. claim to the
Three Lower Counties. I underwriten do by these presents
declare and promise that the King's Royal approbation and
allowance of Wm. Keith Esq. to be deputy Governor of Pensyl-
vania and the three Lower Counties upon de la Ware River,
shall not be construed in any maner to diminish or set aside the
right claim 'd by the Crown to the said three Lower Counties in
witness wherof I have herunto set my hand and seal this twenty
fifth of 8br. 1716. Signed, W. Penn. Endorsed, Reed. Read
22nd Nov., 1716. Sealed, f p. [C.O. 5, 1265. ' No. 42 ; awl
5, 1293. p. 36.]
Oct. 26. 361. Warrant of H.R.H., the Prince of Wales, Guardian of
Hampton t ne Kingdom, appointing Francis Coleman Clerk of the Crown
in Jamaica, in the room of James Woodhouse, deed. [C.O. 5,
190. p. 375.]
Oct. 31. 362. Council of Trade and Plantations to H.R.H. The Prince
Whitehall. o f Wales, Guardian of the Kingdom. Recommend for the Royal
assent Act of Jamaica to confirm an agreement between Olivia
Read, etc. (v. Sept. 13). [C.O. 138, 15. pp. 28, 29.]
Oct. 31. 363. Same to Same. Recommend for the Royal approbation
Whitehall. Act of Barbados for docking intail etc. (v. Oct. 10). [C.O. 29,
13. pp. 344, 345.]
AMERICA AND WEST INDIES.
193
1716.
Oct. 31.
Whitehall.
Oct. 31.
Whitehall.
Oct. 31.
Whitehall.
Nov. 1.
Nov. 2.
Whitehall.
Nov. 2.
Whitehall.
Nov. 3.
Whitehall.
364. Same to Same. Recommend for the Royal assent
Act of Antigua to enable Andrew Murray etc. (v. Sept. 27). [C.O.
153, 12. pp. 457, 458.]
365. Mr. Popple to Mr. Attorney General. Encloses, for
his opinion in point of law, two Acts of Nevis (i) 1714, to oblige
all persons to give in a list of their negroes upon oath, etc., and (ii)
1715, for raising and making a fortification on Saddle Hill. [C.O.
153, 12. pp. 458, 459.]
366. Council of Trade and Plantations to Mr. Secretary
Methuen. On the 29th June and 7th July, 1715, we writt to Mr.
Secretary Stanhope relating to the ill state and condition which
the Garrisons at Annapolis Royal and Placentia were in at that
time, etc. Enclose copy of Lt. Governor Moody's letter, Oct. 3,
" whereby you will see to what straits the garrison of Placentia
is reduced and the danger of a total desertion if some speedy
directions be not given for their support." [C.O. 195, 6. pp.
291, 292.]
367. William Byrd to Mr. Popple. Encloses following,
showing that, as Receiver General of Virginia, he was a loser by
advances he made for the use of the Government, for which he
did not charge interest, etc. Prays that his case may be heard as
soon as possible, etc. Signed, Wm. Byrd. Endorsed, Reed.
Read 2nd Nov., 1716. 1 p. Enclosed,
367. i. Account of money advanced by Mr. Byrd, ut supra,
1712-1714, 2320 17s. 9fd. for six months, showing a
loss of 59 13s. lld. in interest, after deducting
9 18s. 6fd. advantage gained by him by paying small
sums in Spanish money instead of sterling, f p. [C.O.
5,1317. Nos. 47, 47 i.]
368. Mr. Popple to Mr. Attorney General. Encloses for his
opinion in point of law Acts of Antigua, (i) for establishing a
Court of King's Bench, etc. ; (ii) for constituting a Court of Chancery,
and (iii) to indemnify Anthony Brown and John Elliott from an
agreement with George Pulley n Carpenter for the building a church in
the parish of St. Phillips, and to charge the parish with the same.
[C.O. 153, 12. pp. 462, 463.]
369. Same to Charles Carkesse. Acknowledges letter and
account of Sept. 20th. The account the Council of Trade and
Plantations have at present occasion to look into is only that of
the Leeward Islands which they will be glad to receive as soon
as possibly may be. [C.O. 153, 12. p. 465.]
370. Same to Thomas Pitt. The Council of Trade and
Plantations upon consideration of your Memorandums (v. Oct.
16 etc.) desire you will inform them of the particular instances
in which the Assembly of Jamaica have assumed the executive
part of the Government ; and as they would give you all the
Wt. 26355. C.P. 13.
194
COLONIAL PAPERS.
1716.
Nov. 3.
Whitehall.
Nov. 5.
St. James's.
Nov. 6.
Nov. 6.
Nov. 7.
Pall Mall.
dispatch possible in your business before them, they further
desire you to name the particular Acts which, according to your
XlVth Article of remedys, you may think necessary for the quiet
and advantage of the Island to be confirm'd or disapprov'd.
[C.O. 138, 15. pp. 34, 35.]
371. Council of Trade and Plantations to the Lords Com-
missioners of the Treasury. Enclose office accounts from
Christmas to Michaelmas. There was six months salary due to
this Commission at Michaelmas, and as we have been infcrmed
that the household are paid to Midsummer last, we pray -your
Lordships for favourable orders, etc. Accounts certified, annexed.
[C.O. 389, 37. pp. 126-128.]
372. Lords Proprietors of Carolina to George Prince of
Wales. Recommend for H.R.H. approbation Robert Johnson,
appointed by them to succeed Governor Craven, whose affairs
relating to his several estates do not permit him to return to
Carolina so soon as the present necessities of that Government
requires etc. Signed, Carteret, Palatin, Ja. Bertie for D. of Beau-
fort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. p. 102.]
373. Mr. Attorney General to the Council of Trade and
Plantations. I have no objection to the laws of Nevis sent me,
Oct. 31st, etc. Signed, Edw. Northey. Endorsed, Reed. 7th,
Read 14th Nov., 1716. f p. [C.O. 152, 11. No. 30; and 153,
12. p. 466.]
374. Queries relating to Mr. Byrd's defence, put to persons
at the Board, Nov. 6, 1716. v. Journal of Board of Trade.
Endorsed, Reed. Read 6th Nov., 1716. 1 p. [C.O. 5, 1317.
No. 49.]
375. Thomas Pitt to the Council of Trade and Plantations.
In answer to Nov. 3. Were I not able to assign particular in-
stances in a strict liberal sence of the Assembly s assuming the
executive part of the Government, the whole course of their
proceedings might well justifie that expression, and whether in'
particular, their order to muster the soldiers, and visit fortifica-
tions by their own authority, their appointing officers to collect
the money rais'd by them and makeing large appointments out
of it, their refuseing to admit the Council to mend money bills
or confer with them, their soliciting bill in which the whole
busyness of the Government is put into the hands of a few of
themselves to be transacted without the privity of the Governour
and Council, their raising money by subscriptions to support
that power here, with some extraordinary Acts of oppression,
which appear upon the Minutes, are not some instances which
amount to an assuming in good measure the executive part of
the Government, I submit to your Lordships. Refers to enclosure,
etc. Signed, Tho. Pitt. Endorsed, Reed. Read 7th Nov., 1716,
2 pp. Enclosed,,
AMERICA AND WEST INDIES.
195
1716.
375. i. List of 12 Acts in force in Jamaica and not yet confirmed
by the Crown. 1| pp. [(7.0. 137, 12. Nos. 13, 13 i. ;
and 138, 15. pp. 36-40.]
Nov. 8. 376. Mr. Popple to Mr. Pitt. The Council of Trade and
Whitehall. Plantations, upon consideration of preceding, command me to
acquaint you that all Acts pass'd by the Governor, Council and
Assembly in Jamaica, continue in force there till the disapproba-
tion of the Crown be signify'd, or that they expire by their own
limitation ; that the deliberations necessary upon all the Acts
of that Island, mention'd in the list you inclos'd, might probably
take up more time than wou'd be consistent with the public
service for you to be detain'd from your Governmt. ; but that
their Lordships wou'd immediatly consider and report upon any
of the sd. Acts, against which you may have objections, or such
of them as you may think it wou'd be for the advantage of the
Island, and acceptable to the inhabitants for you to bring
confirm'd. And as sevl. of the said Acts may for the present
continue only probationary, their Lordships doubt not of
receiving further lights from you, with regard to the usefulness
or inconveniencys of any of them, wch. you will be better able to
judge of, after you shall have been some time upon the Island.
[(7.0. 138, 15. pp. 41, 42.]
Nov. 12. 377. Order of H.R.H. Prince of Wales, Guardian of the
St. James's. Kingdom, in Council. The Council of Trade and Plantations
are to prepare for the Royal signature an Instruction for H.M.
Governor now going to Jamaica or to the Commander in Chief
of the said Island for the time being to cause Samuell Page and
Walter Arlington to be examined upon the matters of which they
accuse the Lord Hamilton (sic) and to be bound in a recognizance
for their appearance at the King's Bench Barr at Westminster
within as short a time as the distance of the place will allow
in order to prosecute and maintain their accusation against him.
Signed, William Blathwayt. Endorsed, Reed. Read 16th Nov.,
1716. 1 p. [C.O. 137, 12. No. 14 ; and 138, 15. pp. 42, 43.]
Nov. 12. 378. Order of Prince of Wales, Guardian of the Kingdom,
St. James's. f n Council. Referring following to the Council of Trade and
Plantations, to examine the allegations thereof, and report what
they conceive fitt to be done therein, etc. Signed and endorsed as
preceding. 1 p. Enclosed,
378. i. Petition of Henry Thompson, on behalf of Governor
Lord A. Hamilton, to H.R.H. the Prince of Wales,
Guardian of the Realme, etc. Considerable sums are
due to Lord Archibald from the publick on account of
money advanced by him with the concurrence of the
Councill for the subsistance of the soldiers and other
necessary and publick uses, and also, by reason of
deficiencys in the ordinary revenue, of arrears of salary.
Prays that instructions may be given to the Governor
now going to recommend the said publick debts to the
196
COLONIAL PAPERS.
1716.
Nov. 12.
Nov. 12.
St. James's.
Nov. 12.
St. James's.
Nov. 12.
St. James's.
Nov. 12.
New York.
Assembly, for procuring the payment thereof, etc.
Copy. If pp. [C.O. 137, 12. Nos. 15, 15 i. ; and
138, 15. pp. 44, 45.]
379. Memorandum of Order in Council approving three
Acts of Jamaica, relating to Mr. Somers, Mrs. Read and Mr.
Murray. Endorsed, Reed. 8th, Read 16th Jan. 17}f. | p.
[C.O. 137, 12. No. 37.]
380. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom, etc., in Council. Referring Representation of 17th
Aug. on petition of George Lyddall and Robt. Clayton to the
Lords Commrs. of the Treasury for their report. Signed, Edward
Southwell. Endorsed, Reed. 8th, Read 16th, 17 jf. 1 p. [C.O.
152, 11. No. 39 ; and 153, 12. p. 482.]
381. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom, in Council. Approving of William Keith as Deputy
Governor of Pensilvania, provided he qualify himself as the law
requires, and give security, etc., and that Mr. Penn renew the
declaration relating to the Three Lower Counties, according
to the Representation of No. 356. Signed, William Blathwayt.
Endorsed, Reed. 15th, Read 21st Nov., 1716. 1 p. [C.O. 5,
1265. No. 40 ; and 5, 1293. pp. 31, 32.]
382. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom, in Council. Referring following to the Council of
Trade and Plantations for their opinion thereupon. Signed,
William Blathwayt. Endorsed, Reed. 1 5th, Read 2 1st Nov. ,1716.
| p. Enclosed,
382. i. Lords Proprietors of Carolina to H.R.H. the Prince
Regent. St. James, Nov. 5, 1716. Upon the voluntary
resignation of Charles Craven, our late Governor, his
affairs relating to his several estates here, not permitting
him to return to Carolina so soon as the present necessi-
ties of that Government require, we have nominated
and appointed Robert Johnson to succeed him, etc.
Request, H.R.H. approval, etc. Signed, Carteret Palatin,
Ja. Bertie for Beaufort, J. Colleton, M. Ashley, J.
Danson. Copy. 1 p. [C.O. 5, 1265. Nos. 41, 41 i. ;
and 5, 1293. pp. 32-34.]
383. Governor Hunter to the Council of Trade and Planta-
tions. Abstract. Encloses accounts. The Treasurer's are in no
good method neither will he put them into any other being as
he pretends accountable by the Act to Governor, Council and
Assembly only, so that the Depy. Auditor will not audit them
unlesse he is pay'd for't for which the Treasurer has no allowance
etc. I have touch'd nothing but my bare sellary and not one
farthing for incidents. I'll try if I can oblige him to put them
into due form and send them to the Treasury. My friends inform
me that with the leave of the Ministry they have apply'd for a
AMERICA AND WEST INDIES.
1710.
parliamentary relief e for me on the palatine case. I most humbly
and earnestly implore your Lorps'. patronage etc. I am just upon
my journey to the Jersey Assembly at Burlington. The small
pox are rageing in that place, and I am already adress'd by many
of the Council and Assembly to adjourn them for that reason to
Amboy. I know not what to do, for I shall not have a quorum
of either at that place for the reason mention 'd and can not it
seems adjourn them to the other because of that Act if the plague
were there, and the countrey will be in confusion about their
bills of credit the currency of which expires in a fortnight's time
unlesse remedy'd by an Act, the taxes wch. were to suit these
bills not being as yet all paid by means of the evil influence and
example of Mr. Cox and his party, etc. Signed, Ro. Hunter.
Endorsed, Reed. 3rd Jan., Read 14th Nov., 1717. Holograph.
2 pp. Printed, N.Y. Col. Docs. V. 481. Enclosed,
383. i. Account of the Revenue of New York, July 1715
June, 1716. Excise and tunnage etc. 3553 10s. Id.
Signed, A. D. Peyster, Treasurer. Endorsed as preceding.
IP-
383. ii. Account of payments made in accordance with the
Act for the support of the Government, 1715.
5694 10s. 2d. Signed, A. D. Peyster, Treasurer. Same
endorsement. 1 p. [C.O. 5, 1051. Nos. 35, 35 i., ii. ;
and (without enclosures) 5, 1123. pp. 479-481.]
Nov. 12. 384. Order of the Prince Regent in Council. Confirming
St. James's, (i) an Act of Barbados to dock the entail on a certain plantation,
etc. (v. Oct. 10) ; (ii) an Act of Jamaica confirming an agreement
between Olivia Reed and Nathanl. Browne etc. ; and (iii) an Act
of Antigua to enable Andrew Murray, and Elizabeth his wife, to
alien or settle certain lands, etc. Signed, Edward Southwell.
Endorsed, Reed. 8th, Read 16th Jan., 17^f. 2| pp. [C.O.
28, 14. No. 62 ; and 29, 13. pp. 350-353.]
Nov. 14. 385. Council of Trade and Plantations to H.R.H. George,
Whitehall. Prince of Wales, Guardian of the Kingdom of Great Britain and
H.M. Lieut, within the same. Recommend for the Royal assent
two Acts of Nevis, v. Oct. 31st. [C.O. 153, 12. p. 467.]
[Nov. 14.] 386. Six bonds, taken Aug. Oct., 1715, by Commodore
Kempthorne from six New England masters of vessels obliging
them, under penalty of 10 per head, not to carry from Newfound-
land more men than their just complement. Endorsed, Reed.
Nov. 14, 1716, Read 1st April, 1721. 6 pp. [C.O. 194, 7. ff.
24-35.]
Nov. 14. 387. General Heywood to the Council of Trade and Planta-
Jamaica. tions. Refers to letter etc. of Oct. 10th. Continues : Herewith I
send the copy of an Address from the Assembly, to desire my
removing Thomas Bernard Esq., from being Chief Justice. I
cannot help saying with them that he has endeavoured all that
lay in his power to obstruct all publick buisness, not only,
198 COLONIAL PAPERS.
171(1.
by what he has said in Council, but by insinuating amongst the
people, that the calling the Assembly is contrary to law, and all
Acts made by them are illegal. These are the first principles of
the five gentlemen of the Board wch. I gave you account of
Aug. llth, one of which, William Brodrick Esq. went off with
Lord Archbould Hamilton, and two others John Peake and
Valentine Mumby are dead so, here only remains two of that
cabal, Fra. Rose and Thorns. Bernard Esqs. the last of which,
would not give his vote for the passing one Act, either for raising
money, or the others, only to the one privat Act for John Williams
etc., notwithstanding he very well might see that the soldiers
must either mutiny, or perish for want. The Treasury still
continue under its anticipations, and run further in debt, and
no provition made for the bringing over people according to
H.M. directions, for the peopling the Island. Coll. Rose likewise
gave his opinion for passing that private Act, and for only one
or two others, but not for the bills for putting money into the
Treasury, bringing over white people to settle ye Island, or to the
bill wherein ye officers and soldiers are provided for. It is not
possible for me to get the Acts copyed to send home, but I here-
with send a copy of the titles of the Acts, and the heads of what
they contain, in which you will find some paragraphs or clauses
taking away from the Governour the power of pardoning, entering
vacats and non vult ulterius prosequi to actions grounded, or to
be brought on the said Acts, but I humbly take leave to observe
to you that the Acts in which the paragraphs are, are money
bills, to wch. the Assembly would neither allow amendments,
nor alterations, nor would they pass them without those clauses
and paragraphs, by reason, the late Governour and Council
had taken away the country's money (that was appropriated)
out of their Commissr's. hand, and applyd it as they thought
fitt, and pardoned the defacing and cancelling the bond entered
into by such Commissioner to the King in trust for the subject,
on which bond they also order'd a vacat to be enter'd by William
Brodrick Esqr. H.M. Attorney General. The exigencies of the
Government, and the King's being no farther concerned, then for
the benefit of the subject made me consent to the passing of the
said laws, and as to the clause that relates to Mr. Knights who
had the money from Mr. Major the administrator to the country's
late Commissioner, and applyd it to other uses, then the Law,
by which it was raised apply'd it, I have seen the opinion of Sr.
Edwd. Northey etc., that Mr. Knights was by law answerable for
the said money, if so, that clause being only declaratory of the
Common Law, and not introductive of any new law, but only
giving a penalty, if he do not refund the money in the time
limitted, I hope I have made no breach of H.M. Instructions in
my consenting to them. The only two persons, myself and the
Council thought fitt to send home to give evidence against Lord
Archbould Hamilton, were Thomas Bendysh Esq. and Capt.
Jonathan Barnett, the former is underwrit in the Secretary's office
for 1,100, by persons, who made good proof of their debts, and
the latter is underwrit for 150, so that no master of a ship
AMERICA AND WEST INDIES. 199
1710.
can carry them off, unless they have a tickett from me, without
forfeiting his bond, and by the Laws of this country I cannot give
them a tickett before their debts are satisfyed, so that what to do
in these cases, we do not know, but must wait H.M. further
directions therein. The sloop in which the Spanish nobleman
came in here was by the Court of Admiralty condemned as the
goods of pirates, and it appeared to me and the Council, yt.
altho' she had formerly belonged to pirates, yet the owners of her
when she came in here, was not a pirate, but had bought her at
a third hand, and yt. her coming hither was occasioned by that
noble Spaniard, who in his distress at Keymanos had sent hither
by a boat for a vessell to carry him for Porto Vella in order to go
to his Government, and engaged his word and honour to defray
all charges in and about sending him such a vessell, but before
any answer reacht him from hence, this small sloop coming to
him, he thought fitt to proceed in her taking this Island in his
way in order to discharge his word and honour so engaiged as
aforesaid, which occasioned me with the unanimous advice and
consent of the Council in order to cultivate the good understanding
that was between both Crowns, in H.M. name to compliment
the Spaniard with her, she being of very little or no value. I
hope in a week's time the house will desire a recess, which I shall
grant, and I presume to tell you that there never was an Assembly
in this Island so unanimous in all their votes and resolutions, and
I think I may dair to say that the Island in general was never
under greater tranquility, the number of Councellors now here
are only seven vizt. Charles Chaplin, Frans. Rose, Thorns.
Bernard, John Blair, James Risbee, Thorns. Beckford and George
Bennet Esqrs. By H.M. Instruction I am commanded to send
home the names and characters of twelve persons that I esteem
the best qualify'd in ye Island to serve H.M. in the Council,
which I humbly do, etc, (1) James Hey wood, is my only son,
etc., a gentleman of as great honour, integrity and good sence
as any man in the Island, and his own estate little inferiour to
most of the best, etc. (2) William Nedham is the present Chief
Justice upon Thomas Bernards, Esq. being laid by upon an
Address from this Loyal Assembly, he is a gentleman of good
sence, and a good estate, and lives generally in the town St. lago
de la Vega. (3) Whitgt. Aylmore, a gentleman of good under-
standing, and I think clear of debt, etc. (4) Richd. Aldebourgh,
a gentleman of good understanding and a good estate, etc. (5)
John Marshall, a gentleman of plentifull estate, etc. (6) James
Rule, a very honest worthy gentleman of good estate, etc. (7)
John Wyllys, a mercht. in Kingston, accounted a very honest,
loyall gentleman, and of good substance. (8) John Lewis, a
mercht. in Kingston, a person of very good buisness, good under-
standing known loyalty and great sobriety, etc. (9) Edwd.
Pennant, a gentleman of very good understanding and loyalty,
with two or three very good estates, etc. (10) John Chaplin,
a very honest gentleman, has estates in Ligonea and Port Royal,
etc. (11) John Clark, Col. of the Wyndward Rogt., well beloved
for his hospitality and great services against the French and
200 COLONIAL PAPERS.
1710.
rebellious negroes, etc., about 70, and lives at too great a distance
to come to Council upon every occasion, etc. (12) Richd.
Bathurst, Col. of the North side Regimt., a very worthy honest
loyal gentleman, has a very good estate but lives at a distance,
etc. These gentlemen live the nearest to the seat of Governmt.
and can be the soonest got together, etc. I would have named
James Knights ye Receiver General, but I am of opinion that no
Gentleman of ye Council, ought to have either that or any other
office, having experience of the inconvenience in Mr. Rigby's
being Provt. Marshall, and Deputy Secry. and one of the Council
at ye same time I hope not to see the like again. I likewise
herewith send home the Minutes of the Council to ye 10th of
this inst. from the date of ye last I remitted, etc. Signed, Peter
Heywood. Endorsed, Reed. 6th, Read 7th Feb., 17}f 3 pp.
Enclosed,
387. i. Address of the Assembly of Jamaica to Peter Heywood
Captain General, etc. We H.M. most dutifull and loyall
subjects beg leave to lay before your Excellency some of
the many illegal unwarrantable and arbitrary proceedings
of the late Council such as, illegally imprisoning H.M.
subjects, assuming to themselves a power of appropriat-
ing money for an additional subsistance to H.M. Officers
and soldiers under pay in this Island without any law
to justify such their proceedings. And notwithstanding
H.M. favour in appropriating [sic] a new Governour, the
present Chief Justice, and the others of the late Council
that H.M. was pleased to continue in, did violantly
oppose the calling an Assembly when the exigences of
the Government so much acquired [sic] it, and for no
other reason as we can conceive than that such their
illegal proceedings might not be inquired into. We
shall not presume to request from your Excellency the
mediate displacing of the three Gentlemen of the new
Council for opposing so strenously the measures taken
by your Excellency for the good of this Island and
answering H.M. Instructions not doubting but if your
Excellency thinks it consistent with H.M. honour
and service you will be pleased to do the same but we
most humbly hope that as your Excellency has been
pleased in some measure to discountenance such
arbitrary proceedings by displacing them in the militia,
and some civil commissions, so you will be pleased also
to remove Thomas Bernard Esq., from the office of
Chief Justice, a place of that trust and importance which
we cannot conceive one of his principles and conduct
can be anyways equal to. And we must beg leave
further to desire that your Excellency will be pleased
to lay before H.M. and his Ministry the conduct of the
said Gentleman and others of the Council who have as
well since, as before the displacing of the late Governour
used their utmost efforts to obstruct all publick buisness
proposed in Council for H.M. service and the benefit of
AMERICA AND WEST INDIES. 201
1716.
this his Island, which could be for no other view but to
support the arbitrary and impresidented practices
committed by such evil Councellors. We beg leave also
to assure your Excellency that the removing those
gentlemen from the Council will be a further instance
of H.M. most gratious condescention and goodness to
this Island, which we shall alwayes retain in a just and
dutifull sence of. And whilst your Excellency has
your eyes upon the Bench, we humbly hope you will
be pleased to remove Anthony Swymmer Esq., a person
of too loose and atheisticall principles for so important
a station. 25th Oct., 1716. Signed, Pe. Beckford,
Speaker. Endorsed as preceding. 1 p.
387. ii. List of 9 Acts passed in Jamaica, 1716. Same
endorsement. 1 p. [C.O. 137, 12. Nos. 38, 38 i., ii. ;
and (without enclosures) 138, 15. pp. 188-200.]
Nov. 15. 388. Mr. Secretary Methuen to the Council of Trade and
Whitehall. Plantations. Encloses following. It is H.R.H. pleasure, that
you report your opinion concerning the nature of the trade
complained of, and of the methods you judge may be most
proper and effectual to take in order to prevent it, if it should be
thought reasonable. Signed, P. Methuen. Endorsed, Reed.
17th Nov., 1716, Read 12th July, 1717. 1 p. Enclosed,
388. i. Marquis de Monteleon to Mr. Secretary Methuen.
London, 7th Nov., 1716. It has been one of the chief
cares of the King my Master since the conclusion of
the Treaty of Utrecht, to remedy the abuses which were
crept into the commerce of the Indies, by a clandestine
trade which several forreign nations carried on there,
to the great prejudice of Spain, etc. By the informations
sent by the Viceroy of Mexico, and the Governor of the
Province of Tavasco, it appears that the subjects of
his B.M. are come to the Lake or Marsh of Terminos,
and have in some manner settled themselves there ; and
that they make an advantage of it, against all law, by
cutting with impunity the Campeachy wood, which is
made use of in dicing, and of which they have carried away
in one year only more than 100,000 quintals :. the said
Viceroy and Governor have proposed to the King my
Master the proper means to dislodge them from these
places ; but H.M. being willing on all occasions to give
marks of an inviolable attachment to the King of
G.B. would not send them his orders before that he
had given him notice of it, H.M. not doubting but that
according to all the Treatys of Peace, and particularly
the last made at Utrecht, in which it is stipulated that
the lands or other places which had been taken in the
Indies during the warr, should be evacuated, he would
oblige his subjects who are come to the said Lake
of Terminos to leave it immediately, and to give positive
orders to the Governor of Jamaica, and the other
202
COLONIAL PAPERS.
1710.
Nov. 15.
Whitehall.
Nov. 15.
Whitehall.
Nov. 16.
Boston.
Nov. 16.
N. York.
Islands belonging to the English, not to suffer that the
least trade be carried on to that place for Campeachy
wood, inflicting severe penalties on those who shall
violate the said orders, and to declare that if in the
space of eight months they do not leave the Lake of
Terminos, they shall be looked upon and used as
pirates, etc. I begg your Excellency's answer to an
affair, which of itself and with regard to other abuses
and inconveniences is of the greatest consequence.
Signed, Monteleon. Translation. 3f pp. [C.O. 137,
12. Nos. 47, 47 i. ; and 138, 15. pp. 258-262.]
389. Mr. Popple to Mr. Carkesse. Encloses extract from Mr.
Cumings' letter, Aug. 2nd, and desires to know, " whether there
be any law which prohibits the goods of Dutch, French, Danish,
or other foreign Plantations being imported into any of the
British Plantations." Encloses extract of same letter and Act
of the Massachusets Bay relating to the fees of the Custom
House Officers. The Council of Trade and Plantations " desire
the opinion of the Commissioners of Customs with all convenient
speed, as to the reasonableness of the said Act, and Mr. Cumings 's
proposal relating to his own fees, as likewise how far the proposal
that the fees of all the Custom House Officers in H.M. several
Plantations in America be regulated here, is practicable, or may
be of publick advantage." [C.O. 5, 915. pp. 14, 15.]
390. Same to Sir E. Northey. Encloses extract from Mr.
Cumings' letter, Aug. 2, relating to the recovery of penalties upon
the Act relating to the wooll of the Plantations. The Council of
Trade and Plantations desire to know what Act it is he mentions,
and your opinion as to the right which the Courts of Common
Law there may have to prohibit the proceedings in the Court of
Admiralty relating to such forfeitures, and whether any and what
explanation is necessary upon any of our Acts of Parliament
in that particular relating to wool. [C.O. 5, 915. p. 16.]
391. Mr. Dudley to [? Mr. Secretary Stanhope]. Returns
thanks for having named Mr. Dummer, his son in law, as Lt.
Govr. The King has for ever endeared himself to his loyal subjects
by appointing Col. Shute Governor. Having lived to see H.M.
triumph over his enemies, is content, etc. Printed, Mass. Hist.
Soc. Coll. IV. Ser. II. 308. Signed, J. Dudley. 1 p. [C.O.
5, 898. No. 21.]
392. Governor Hunter to Mr. Popple. Jeffers by whom I
send my letters is under saile. I have just receiv'd from the
Ch. Justice at Burlington the original of this inclosed copie which
I beg you'll shew to their Lodsps., for since Mr. Cox is gone to
London there is nothing will be left undone there to blacken my
administration seeing he fail'd of weakening it here. Signed,
Ro. Hunter. Endorsed, Reed. 4th Dec., 1716, Read 9th Jan.
17^f. Holograph. 1 p. Enclosed,
AMERICA AND WEST INDIES. 203
1710.
392. i. Daniel Cox to Capt. Richd. Allison, at Burlington.
Philadelph. 7th July, 1716. I received yesterday a
long letter from Mr. Sonmans and another from Mr.
Streat. They both declare that if we do not make a
regular complaint against our oppressor either this
summer or fall and that with great vigour we must be
content to remaine saddled with him till the Province
is ruin'd, they add that the remissnesse of the people in
not complaining regularly before the King etc. has given
credit to C Hrs. friends declareing that every thing
alledg'd against him is false and proceeds only from a
pique of some few discontented persons. They both
declare 'twill cost much more money to solicit the
affaire now then 'twould if the affaire had not been
starv'd before, besides nothing will go doun as evidence
but what is viva voce or on good affidavits of the fact.
Certificates will do no good, therefore the copie of the
indictments of Morris etc. must be well prov'd. I have
wrote fully to Mr. Basse you must presse him to get
all ready, he may do it privatly at home and come on
this side and be safe, all you do must be kept very
private, you must procure a copie of my recognizance
before Jamison as likewise the Minutes of Council for
my discharge. You must likewise gett a copie of
the writt Thomson serv'd on me by order of Gordon and
a copie of the recognizance enter'd into and order of
Court for my discharge. I must likewise have out of
the Secry's. Office a copie attested of the information
brought against me by Gordon, these things will be of
great use to shew how I have been harrass'd from time
to time and for what. There should be an affidavit
of Gordon's proceeding against Mr. Fox and ordering
processe against him tho never presented by the Grand
Jury. Whatever else is necessary let it be ready against
Tuesday or Wednesday next at farthest when I intend
god willing to be at Bristol to finish all matters and take
my leave of my friends for the ship will saile the week
after, etc. I hope the petition etc. are sign'd. We
want to know what is become of Lockart. Pray
give us a line if you hear anything. Give my service
to Emanuel Smith, etc. Signed, Dan. Cox. Copy.
4 pp. [C.O. 5, 971. Nos. 12, 12 i. ; and 5, 995. pp.
330-332.]
Nov. 20. 393. Mr. Carkesse to Mr. Popple. Reply to Nov. 15th. The
Custom ho., goods of Dutch, French, Danish or other foreigne plantations,
London. are no ^ ^y anv j aw p ag ^ j iere p ro hjkrted to be imported into H.M.
plantations provided they are imported in ships duly registred
according to the directions of the Act of the 7th and 8th Will.
III. cap. 22. The Commrs. of the Customs have no objection
to the Act of the Massachusetts -bay for the officers' fees therein
named (v. 15th Nov.), but in regard there are fees established for
204
COLONIAL PAPERS.
1716.
Nov. 21.
Treary.
Chambers.
Nov. 21.
Whitehall.
Nov. 21.
Pall Mall.
Nov. 22.
Whitehall.
Nov. 22.
Custom ho.
London.
Nov. 22.
the Surveyr. and Searchr. at New York the Commrs. are of opinion
it may be reasonable, if the Assembly shall think fit, to establish
like fees for the Surveyr. and Searchr. of Boston. And they are
further of opinion if fees were settled for the officers of the
Customs in H.M. several Plantations by the respective Assemblys
it would be of publick advantage. Signed, Cha. Carkesse.
Endorsed, Reed. 20th, Read 21st Nov., 1716. Addressed. I p.
[C.O. 5, 866. No. 96 ; and 5, 915. pp. 17, 18.]
394. Mr. Kelsall to Mr. Popple. My Lords of the Treasury
desire a copie of Representation relating to St. Christophers,
May 3, 1715. Signed, Henry Kelsall. Endorsed, Reed. 21st,
Read 23rd Nov., 1716. Addressed. 1 p. [C.O. 152, 11. No.
31.]
395. Mr. Popple to Mr. Attorney General. Encloses Act
of Jamaica, for settling the Militia, and desires his opinion whether
it interferes with the design and direction of the enclosed Order
in Council (No. 377) etc., as soon as possible, the ships being
now upon their departure. [C.O. 138, 15. pp. 45, 46.]
396. Thomas Pitt to the Council of Trade and Plantations.
Reply to Nov. 8. I have endeavoured to have the opinion of
Jamaica what laws are immediatly necessary to be confirmed or
disapproved, but not obtaining any information from them,
I have only to observe, that there is an Act to encourage white
men to come and settle etc., and that also there is mentioned in the
Representation of the Council (v. June 12) some other Acts with
reasonings for confirmation or disapprobation. Signed, Tho.
Pitt. Endorsed, Reed. 21st, Read 29th Nov., 1716. 1 p. [C.O.
137, 12. No. 17 ; and 138, 15. pp. 54, 55.]
397. Council of Trade and Plantations to H.R.H. George
Prince of Wales, Guardian of the Kingdom of Great Britain,
and H.M. Lieutenant within the same. The prayer in Mr.
Thompson's petition (Nov. 12) appearing to us very reasonable,
we humbly conceive your Royal Highness may fitly grant the
same, etc. [C.O. 138, 15. pp. 47-49.]
398. Mr. Carkesse to Mr. Popple. In reply to 2nd Nov.,
encloses following. Signed, Cha. Carkesse. Endorsed, Reed.
22nd Nov., Read 6th Dec., 1716. Addressed. 1 p. Enclosed,
398. i. Account of the 4| p.c. in the Leeward Islands, 1702-
1715. Total, 29,313 2s. lljd. Signed, Rot. Paul,
Assistant Comptr. Genl. f p. [C.O. 152, 11. Nos.
32, 32 i. ; and 153, 12. p. 469.]
3S9. Mr. Attorney General to the Council of Trade and
Plantations. I have considered the extract of Mr. Cumings'
letter, etc. whereby he represents that the Act in relation to the
wool of the Plantations wants an explanation, etc., quoted. The
Act mentioned is the Act of the 10th of K. William III. cap. 10,
AMERICA AND WEST INDIES.
205
1716.
to prevent the, exportation of wool into foreign parts, etc., where in
section the 19th the exportation of wool and woollen clothes of
the product or manufacture of any the English Plantations in
America is prohibited under the same, and the like penalties and
forfeitures as are prescribed and prohibited by that Act for the
like offences committed within the Kingdom of Ireland, which is
the forfeiture of the goods, and the summe of 500, with the ship
in which the same were exported, which are to be recovered in
any Court of Record in Ireland ; And therefore I am humbly
of opinion those forfeitures for the like offences in the Plantations
are to be recovered in the Courts of Common Law there, and not
in the Court of Admiralty, and therefore the Courts of Law there,
do act legally in prohibiting the Court of Admiralty from inter-
meddling therein, and that the Court of Admiralty can have no
jurisdiction in the matter, unless the same shall be given by a new
Act of Parliament. Signed, Edw. Northey. Endorsed, Reed.
22nd, Read 29th Nov., 1716. 2pp. [C.O. 5, 866. No. 97 ; and
5, 915. pp. 18-20.]
Nov. 22. 400. Council of Trade and Plantations to H.R.H. the Prince
Whitehal. of Wales, Guardian of the Kingdom, etc. Reply to Nov. 12th.
We have no objection why your Royal Highness may not approve
of Robert Johnson as Governor of Carolina, provided he qualify
himself for that trust in such manner as the Law requires, and
that he give good and sufficient security as usual, in a bond of
2000 sterling, for his due of observance of the Acts of Trade
and Navigation, etc. [C.O. 5, 1293. pp. 34-36.]
Nov. 22. 401 . Mr. Popple to Mr. Lowndes. Encloses bond of security
Whitehall. i n 2000 for Governor Keith, to be taken at the Exchequer,
etc. Annexed,
401. i. Copy of bond as above. Micajah Perry and John
Hyde, sureties. [C.O. 5, 1293. pp. 37-40.]
Nov. 24. 402. Mr. Burchett to Mr. Popple. Encloses following.
Admty. Office. Signed, J. Burchett. Endorsed, Reed. 24th Nov., 1716, Read
6th May, 1717. I p. Enclosed,
402. i. Replies of Capt. Hagar, H.M.S. Worcester, to the Heads
of Enquiry relating to the Trade and Fishery of New-
foundland (v. May 31st). (2) As long as men of warr
in the Harbours, rules observ'd and no longer. (4) The
sustenance ye inhabitants have from the country is
wild fowle and little deer in some parts, trade for furr
and beaver little or none. (5) Provisions two -thirds
from Great Brittain and Ireland, the other from New
England, craft and other tackle for fishing from England,
quantity uncertaine. (6) As to rinding of trees growing,
or setting on fire to the woods in the country, men's
labour is so dear in the fishing season, they have not
time if inclined to mischeife ; in the winter time or
before the men of warr can arrive, the planters take
ye liberty of committing of wast ; without a Governour
206 COLONIAL PAPERS.
1716.
appointed from the Government, to reside all winter.
(7) Since 1685, all stages, cook-rooms, beaches, and
other necessaryes etc. for fishing ships, all disputes of
that kind, I believe are at an end, not haveing any
complaint of that kind. (8) No complaint for want of
roome or other conveniency for fishing ships or by boats.
(9) Little observ'd by boat keepers, fishing ships com-
ply'd withall. (10) No complaint. (11) Well observ'd.
(12) All stages, cook-rooms, and other necessaries, that
are made use of by fishing ships, and by boats ; but
often destroy 'd by the inhabitants in the winter. (13)
The Admiralls take a greater liberty then allow 'd by
Act of Parliament, where the men of warr doth not
visitt them. (14) The Admiralls never give themselves
any trouble as to journalls wch. the Act of Parliament
directs. (15) Allmost all the terminations of the
Admiralls partially given, either on their account or
their friends . (16-18) Well observ 'd . (19)1 am inform 'd
the French had last year one fishing ship at St. Peters,
and this year one belonging to St. Maloes, under a
pretence of belonging to Guernsey. (21) The inhabitants
allow their fish more salt than usuall, on account of it's
weight, but not so good for markett. (22) Liquors
brought from New England, and other parts of America,
are very pernicious to the Fishery, and will be so till
there is no such thing as a planter upon the Island.
(23) Little or none, and wt. is, it's taken of by ye Fishery.
(25) Tobacco is the only commodity, that I can learn
has been brought here, and that not of late years.
(26) Fishing ships and by boats from Great Brittaine
can afford their fish at 10 p.c. cheaper, than the
inhabitants, if they make any tollerable voyage. (27)
The sustenance for the fishing.ships and by boats, two
thirds fish and one third provisions, brought from Great
Brittaine. (28) Value of fish from 28 realls to 31| ;
train oyle, 16 per tunn, the markets the Bay, Portugal!
and Spaine. (30) Men left behind every year, numbers
not known, nor no way to prevent them, but by very
severe penalties on the masters of those ships that
brings them over and masters of New England ships,
that shall presume to entertaine any more men then wt.
they shall bring with them. (31) Their no. are very
few, and our inhbts. not careing to settle there, it being
not determined how the French settlements, that
did belong to their inhabits, and which became vacant
upon the Treaty of Peace, are to be dispos'd of, whether
in favour to the fishing ships, or to such inhabitants,
yt. shall first settle there. (32) Wee have no certain
account of what number of ships they have on the
Bankes, though they are there in great numbers. It's
said the coast of Cannady may employ about 30 sail
of ships every year, which carry from thence provisions.
AMERICA AND WEST INDIES. 207
1716.
to their other settlements in America : For Cape Breton
am inform "(I they are carrying on their settlements
with great industry, but can't learn their numbers
and strength, and beleive their Lordships may best be
inform 'd from New England. Signed, J. Hagar. 3 pp.
402. ii. Scheme of the Fishery of Newfoundland. Fishing
ships, 86 ; sack ships, 30 ; ships from America, 31 ;
burthen of fishing ships, 8070 tons ; number of men
belonging to -the ships, 1601. Fishing ships boats,
319 ; by boats, 184 ; inhabitants' boats, 408 ; by boat
masters, 286 ; servants, 1538. Quintals of fish made
by fishing ships, 30,329 ; by by boats, 24,310 ; by
inhabitants' boats, 33,830 ; Total, carried to market,
88,469. Train made by fishing ships, 107 tuns ; by by
boats, 87 ; by inhabitants' boats, 126. Total, 320 tuns.
Number of stages, 376. Number of inhabitants, men,
2611, women, 263, children, 421. Signed, J. Hagar.
1 p. [C.O. 194, 6. Nos. 29, 29 i., ii. ; and 195, 6. pp.
309-315.]
Nov. 24. 403. Mr. Attorney General to the Council of Trade and
Plantations. Reply to Nov. 21. I am of opinion that the last
proviso in the Militia Act does not any ways interfere with the
design and direction of H.R.H. Order in Council (Nov. 12).
The intent of that Proviso being that the Militia shall be only
used for the defence of Jamaica, and should not be compelled
to be sent out of the Island as such. And I am also of opinion
that the Governrs. of Plantations being by a late law liable to be
prosecuted in the King's Bench at Westminster for misdemeanours
committed by them in such their offices, it is legal in such a case
to take recognizances from persons inhabiting in any of H.M.
Plantations who are able to give evidence agt. them touching
such misdemeanors to appear in H.M. Court of King's Bench.
I apprehend there is a mistake in the drawing the Order of Council,
and that the same is fit to be rectified in the Instructions yr.
Lordpps. are to prepare, for which purpose I have made an
amendment to that Order for your Lordpps.' assistance. Signed,
Edw. Northey. Endorsed,, Reed. 24th, Read 28th Nov., 1716.
1 p. Enclosed,
403. i. Copy of Order in Council Nov. 12, amended by Mr.
Attorney General so as to run : " and if on such
examination they shall appear to be material witnesses
agt. the sd. Ld. A. Hamilton to cause ym. to give their
recognizances to appear in term time at the King's
Bench Barr," etc. 1 p. [C.O. 137, 12. Nos. 16, 16
i. ; and (without enclosure) 138, 15. pp. 50, 51.]
Nov. 26. 404. Mr. Popple to Mr. Kelsall. In reply to Nov. 21st,
Whitehall, encloses several Representations relating to St. Christophers.
Concludes : H.M. has signified his pleasure in relation to the
French Protestants. [C.O. 153, 12. p. 468.]
208
COLONIAL PAPERS.
1716.
Nov. 26. 405. John and Francis Riggs to [? Charles Delafaye, v. May
N. Yorke. \\th, 1717]. Dear Brother and Sister, wee think itt an eage
since wee had ye honnr., of a line from you, etc. What newse
our Governer maye have from home, he keepes itt privett, but
not onely hee, but most of his Cabenett, gives outt, he has a
forlow of leave to goe home, and that he will meake youse of it,
in ye spring, etc. If he dos goe, itt is, with designe to secure
himselfe, in ye Government, if mony can do itt, for he has too
sweet a post heare, to part with, etc. He has meade fortye
thousand pound, in his Goverment, etc. Refers to enclosure.
Sir, it is an eseye, happy Goverment, and at noe greatt charge
to him, he has a noble house, in ye Fort, wth. fine gardins round
itt, twoo of ye fore compenies all wayes, posted heare etc., the
droms beatting a march, as often, as he goes out or corns in, etc.
Urges his dear brother to push for and obtain this noble post, etc.
Signed, Jo. Fr. Riggs. 2| pp. Enclosed,
405. i. A modest computation of wahatt a Governer maye
meake. The pay of ye fore compenies is 7000,
returned in goods will cleare 5000. With " cellary "
and " pattens " of lands=9010 a year. 1 p. [C.O.
5, 1092. Nos. 1, 1 i.]
Nov. 29. 406. Council of Trade and Plantations to Mr. Secretary
Whitehall. Methuen. Enclose Instruction for the Governor of Jamaica
ordered Nov. 12, " Mr. Attorney General having assured us, that
as it now stands, it is conformable to the sense of the Council,
when the Order was directed and agreable to Law." Autograph
signatures. 2 pp. Enclosed,
406. i. Draft of H.M. Instruction to the Governor of Jamaica.
You are to cause Page and Adlington to be examined
etc. (as Nov. 12), and to take care they be bound by
their respective recognizance in a reasonable sum for
their appearance at the King's Bench Barr the 20th
June next, etc., and that immediately upon their arrival
at London, they give notice thereof to one of H.M.
Principal Secretarys of State to whom and to the
Council of Trade you are to transmit there examinations
so taken, etc. [C.O. 137, 46. Nos. 19, 20 ; and 138,
15. pp. 51-54.]
Nov. 30. 407. Committee of Correspondence of the Assembly of South
So. Carolina. Carolina to Joseph Boone and Richard Berresford, Agents for
South Carolina. Refer to letter of Oct. 23rd. Continue : Our
calamityes still daily increasing (several persons having since been
kill'd and others carried away by our barbarous enemies the Indians
who daily infest our Plantations and oblige many to abandon
their settlemts.) has obliged our Assembly to repeat their sollicita-
tions to H.M. for releif , and to take this Province under his gracious
protection. You have here inclosed their Address which you
are ordered by the Assembly to imediately present to H.M., and
to lay before the King such further particulars as are necessary
to set forth the present miserable circumstances of this Province.
AMERICA AND WEST INDIES. 209
1716.
If we shou'd be so unhappy as that it shou'd have noe effect,
by any opposition that the Lords Proprietrs. may make to it,
or otherwise, we can expect nothing but the ruin of the whole
Province, and that in a very short time. Our Assembly is now
mett etc. It is their orders that you acquaint Mr. Kettlebey
that they discharge him, from being any longer their Agent etc.
By our next you may expect an Address to the King sign'd
by the inhabitants. Signed, AT. Middleton, Ra. Izard, B. Godin.
1 p. Enclosed,
407. i. Address of the Assembly of South Carolina to the
King. liefer to previous Addresses (v. C.S.P. 1715), etc.
Out of the extream grief we are under, to see our country
still harassed and our fellow subjects daily killed and
carried away by our savage Indian enemies, etc., we are
obliged again to lay before your Royal Majesty, the
state of this your afflicted Colony, etc. Our trowbles
instead of coming to a period, daily encrease upon us,
and we now see ourselves reduced by these our mis-
fortunes, to such a dismal extremity, that nothing but
the all powerful providence of Almighty God working
a miracle in our favour or yourMajestie's Royal and most
gracious protection, can preserve ns from ruin. Our
Indians continue committing so many hostilities, and
infest our settlements and plantations to such a degree,
that not only those estates which were deserted at the
breaking out of this barbarous war, cannot be resettled,
but others are likewise daily thrown up to the mercy
of the enemy, to the ruin and impoverishment of
several numerous families. Notwithstanding all these
our miseries, the Lords Proprietors, instead of using any
endeavours for our relief and assistance, are pleased
to term all our endeavours to procure your Majestie's
Royal protection, the business of a faction and party ;
We most humbly assure your Majesty that it's so far
from anything of that nature, that all the inhabitants
of this Province in general, are not only convinc'd
that no humane power, but that of your Majesty can
protect them, but earnestly and fervently desire that
this once flourishing Province may be added to those
already under your happy protection, etc. Signed,
Tho. Broughton, Speaker, Arthur Middleton, Paul
Pre. Le Bas, Benja. de la Conseillere, James Stanyarne,
Tho. Waring, Tho. Diston, Jos. Morton, Wa. Izard,
William Elliott, Jonth. Drake, Xpr. Wilkinson, Robt.
Howes, John Godfrey, Wm. Bull, Wm. Cattell, Ja.
Cochran, Benja. Schenckingk, John Kenneway, Arthur
Hall, John Whit marsh, Representatives. 1 large p.
\C.O. 5, 387. Nos. 8, 8 i.]
Nov. 30. 408. Mr. Secretary Methuen to the Council of Trade and
Whitehall. Plantations. It is H.R.H.'s pleasure, that you consider what
may be the most proper course for the Government to take, in
Wt. 2G355. C.P. 14.
210 COLONIAL PAPERS.
1716.
order to dislodge those profligate fellows or pirates, that may have
possessed themselves of the Island of Providence, and may, if
not driven from thence in time, commit depredations on
H.M. subjects or those of his Allies, trading in those parts of the
world, and report your opinion thereof to be laid before H.R.H.
Signed, P. Methuen. Endorsed, Reed. 3rd, Read 5th Dec., 1716.
1 p. Enclosed,
408. i. Admiralty Office, 29 9ber., 1716. Mr. Burchett to
the Secretarys to Mr. Secretary Methuen. Encloses
following from the Lords of the Admiralty, etc. Signed,
J. Burchett. Same endorsement. Addressed. I p.
Enclosed,
408. ii. Extract of letter from Capt. Howard, H.M.S. Shoreham,
to Mr. Burchett. South Carolina, 15th Sept., 1716.
According to the Governour of Virginia's Orders I
delivered the letters in relation to keeping the Articles
of Peace at St. Augusteene, 18th May etc. The
Governor and Council make there very great complaints
of the sloops fitted out from Jamaica who not only fish
on the wracks, but have landed and taken out of the
Spaniards' possession 20,000 pieces of eight, they had
saved, as likewise very considerable sumes out of all
the vessels they meet who they can master, they have
Comission from the Governor of Jamaica for the taking
pirates, under which pretence they search the vessels,
there are three of the said sloops turned pirates since.
One Horngold, Jennings and Fernando who have got
200 men and are joined by a French man, there is in
this harbour now three vessels that have been plundered
by them, and one master whose sloop and cargoe they
have taken, they have harbour at Providence, where
they re-victual and clean ; I would not doubt but
with two small frigats or sloops more, to give a very good
account of them and rout them out before they get
more strength, and are better settled there. 1| pp.
408. iii. Mr. Burchett to the Secretarys to Mr. Secretary
Methuen. Admty. Office, 2nd Nov., 1716. My Lords
Commrs. of the Admiralty having received a letter from
Col. Spotswood, Governor of Virginia, by which he gives
them an account that he has received information upon
oath, that a number of profligate fellows have possessed
themselves of the Island of Providence, and that the
crews of several vessels, fitted out at Jamaica for fishing
on the Spanish wrecks, have comitted divers pyracies
both on the Spaniards and the French in those seas ;
and being afraid to return home, are preparing to settle
on that Island, insomuch that he apprehends they may
attempt the seizing the ships of H.M. subjects trading
in those parts, for which reason he proposes they may be
attack'd and dislodged before they grow too formidable,
I am to desire you will communicate the same to the
Bt. Honble. Mr, Secretary Methuen, that he may lay
AMERICA AND WEST INDIES.
211
Dec. 1.
1710.
it before H.R.H., etc. Signed and endorsed as No. i.
1 p. [C.O. 137, 12. Nos. 18, 18 i., ii., 20 ; and (without
enclosures) 138, 15. pp. 55-57.]
409. General Heywood, Commander in Chief of Jamaica,
to the Council of Trade and Plantations. Refers to letter of 14th
Nov. and enclosure. Continues : I likewise send the copy of the
Journal of the Councill. But I could not get the Journall of the
Assembly nor the Acts that passed fairly transcribed but hope
to have them ready to send by the next ships that sayle etc.
The Country in general has been and still continues very sickly
more especially Kingston and abundance of people of all ages
have dyed, etc. Signed, Peter Heywood. Endorsed, Reed. 25th
March, Read 3rd April, 1717. 2pp. Enclosed,
409. i. Governor of the Havana to H.E. Peter Heywood.
Havana, 8th Nov. (N.S.), 1716. Acknowledges letter of
16th Aug. and expresses satisfaction that Mr. Heywood
intends to proceed against those who daily commit
hostilities, very many vessels belonging to that Island
being taken and sundry robberies committed by pirate
sloops in the most defenceless places, etc. Continues :
I have duly considered what I had the honour to be
acquainted with by your Excellency of what has been
done in Trinidado in the time of the Marquess of Cassa
Torres, in relation to some vessells by them declared and
adjudged as prizes there. I shall give the most
speedy orders that they remit me all papers etc.,
whereby I may be certify 'd of their proceedings etc.,
and shall use the best means I can to redress the same
etc. By the annexed testimony your Excellency will
perceive that I have comanded that under no pretext
whatsoever, they should fitt out or arm out of Trinidado
or Cuba vessells to go privateering etc. Signed, Dn.
Vicente de Baxa. Same endorsement. Copy. If pp.
[C.O. 137, 12. Nos. 40, 40 i. ; and (without enclosure)
138, 15. pp. 200-203.]
Dec. 1. 410. General Heywood to Mr. Secretary Stanhope. Dupli-
Jamaica. ca t e of preceding letter, and enclosure. [C.O. 137, 46. Nos. 21,
21 i.]
Dec. 3. 411. General Heywood, Commander in Chief of Jamaica, to
Jamaica, the Council of Trade and Plantations. On the first of the last
month I writ to your Lordships by the Kent gaily Capt. Thorns.
Lawton, who in his intended voyage to the Windward passage
was taken by the pirates, and robbed of what they thought
fitt and turned loose, he came to Port Royall, and now sails with
two other ships the George Capt. Patterson and the Brocham
Joseph Jewell under convoy of H.M.S. Adventure, who returned
from her last voyage the 18th Dec. the Capt. very much out
of order, but as he tells me his whole company in a very good state
of health, but complains much of the refractoriness of his officers,
212 COLONIAL PAPERS.
1716.
he is now pretty well recovered, and writes me he should be ready
to sail with the aforementioned ships the fourth of this instant,
so that I continue my aforesaid packets on board the said ship.
Encloses Acts and Journals ete. On the 4th Dec. H.M.S. Swift
Capt. Durell arrived at Port Royal, I desired the Capt. to have
taken a cruize with the Adventure being a proper vessell for the
service drawing but little water, but he tells me he dair not stirr
without orders from home, besides that he has but "six guns
(tho 5 capable to carry 18) and his complyment of men but 40,
which I must acknowledge too few to adventure on these pirates
by himself they generally going two and two, with seventy or
eighty desperate rogues, and 10 or 12 gunns in each sloop they
take more then half the ships and vessells that are bound either
to this Island or the French settlements on Hispaniola, and
Spaniards that comes in their cruize, as well as those that go
from hence taking something out of all they meet, and very often
burn their vessells, others they disable just leaving them sufficient
to bring them down, out of some they meet with rogues that
willingly desert, as lately a Guinea ship Capt. Evans out of whom
they took 40 choice men slaves and all their gold and what else
they thought fitt, and then dismist her, from which ship the master
reports 4 of his men deserted to the pirates, out of a ship from
New England they took what they thought for their purpose,
and then forced the Carpenter away with them, on the last of
December [sic] a poor turtler came before me and said they had
robbed him of his netts and what little he had on board, and then
turned into him three of their gang (and a little boy) that they
did not approve of, first whipping them inhumanely and burning
matches between their fingers ears and toes, they would not lett
the little boy who I take to be about 12 or 13 years of age, because
he desired to leave them go without a daudorus as they called it,
a good whipping, they give me an accompt of one they hanged
for an example for offering to leave them and another they beat
and abused so much that they beleived he could not live, and
then without any remorse thro' him overboard and drowned
him. To inumerate the villanys we have accompts some of
them commit would I fear be to tro'blesome to your Lordships,
but we have great reason to fear they have taken some vessells
and murdered all the people taking out what they wanted
and then burning the vessells. We have one particular reason
to believe the truth of this, for the pirates that lye the winder-
most, that we know have a very great plenty of Madera wines
and other liquors, but they would not let the master of the
Guinea man or any others they have taken know when or where
they gott them, there is of these pirates of all nations, those to
windward are generally Spaniards, and some few French, but
most mulattos, quarteroons and negroes, they lye from the.
leward part of the Island of St. John de Porto Reco down along
the south side of Hispaniola, then on the other side Hispaniola,
from Cape Nicola down the north west, and west of Hispaniola,
and upon the south side to the Isle of Ash, then on the coast of
Cuba from the south estermost end down to the south key and
AMERICA AND WEST INDIES. 213
171G.
Trinidado lyes others, and from the Isle of Pines clear round to
the bay of Hondo, and so on to the Havana and bay of Matances,
and from thence to the Island Providence, how many is uncertain,
and make that Isle their chief rendezvous taking all nations
they meet with, one of those small rogues lately took a Spanish
ship of 22 gunns, and 22 pattareroes, a very rich ship from Cadiz,
as I am informed, in short these seas are full of these Rovers
which will in particular be a very great detriment to this Island,
hinder both vessells coming to us from H.M. Northern Plantations,
and putting a stop to the little trade our merchants have to the
Spanish coast, they give out they want but a good ship or two
fit for their purpose and then they design farther off in particular
to the coast of Brazil. I am inclined to beleive some of them may
go for they generally take all the good instruements they meet
with etc. H.M. two Companys of foot want a great many recruits
to fill them up, the last list I see of Lord Archibald Hamilton's
Company had but 61 seargeants, corporalls, drummers, private
men, etc., and they very ragged, having had no clothing these
six years past, and their arm's hardly fitt for use, having been
here as I think full 14 years, and now have more then seven
months pay due to them, but Coll. Delawna's Company which is
barrackt at the Fort on Port Royall is much fuller of men, but
I beleive in the same circumstances for clothes and arms and the
fortifications at that place is very much out of repair, and wants
an ingeneer to rectifye and new model the same. Refers to
enclosed deposition of Joseph Eels, taken before myself and
Council to whom we gave an assurance that he should be secured
of his life by a noli prosequi provided he made a full discovery
of what he knew of the late piracys committed in the Bay of
Hondo, upon this information and deposition we ordered Daniel
Axtell and Jasper Ashworth to be apprehended, and committed
by a warrant from the Chief Justice as correspondents with and
accessorys to pirates and piracys. Upon taking up of these
persons a great many are fled, that a warrant was issued to
apprehend both as principles and accessarys, and what to do
with these men, we know not as yett, not having a Commission
under the Broad Seal of England as the statute of the llth of
King William directs, nor Admiral Vice Admiral a deputy to
whom to direct a Commission pursuant to the statute of the
28th of Hen. VIII. We are likewise necessitated to keep under
confinement the said Joseph Eels for want of sufficient security
designing to make use of him as evidence for the King in this be-
half which he has promised upon being secured himself to become.
1 farther advise you that the said sloop Mary which was com-
manded by the said Leigh Ashworth was condemned as the goods
of pirates in the Court of Admiralty here, she being concerned in
the piracys committed on the French ship in the Bay of Hondo
at which time the said Eels was quartermaster on board her
under the command of the said Leigh Ashworth etc. Signed,
Peter Heywood. Endorsed, Reed. 1st, Read 3rd April, 1717.
2 pp. Enclosed.
411. i. Copy of deposition of Joseph Eels of Port Royall,
214 COLONIAL PAPERS.
1710.
Carpenter, Dec. 20, 1716. Deponent last March sett
sail on board the Mary sloop, Capt. Leigh Ashworth
commander, and soon after arrived at blewfields,
where they found Capt. Jennings, Capt. Carnigee and
Capt. Liddal, and from thence sail'd in company with
them designing for the wrecks. About six leagues from
Baya Honda they spyed a sloop with two periaguas
putting from her, and found her to be Capt. Young's,
who told Capt. Ashworth they were two maroon
periaguas, and had obliged him to tow them over from
the bay of Honduras, etc. Describes boarding and capture
of a French ship in the Bay of Hondo, by abovenamed.
A periagua commanded by a Spaniard informed them
that there was in Porto Mariel a French ship a trading,
whereupon Carnigee went to seek her, but next morning
the periagua which had followed him reported that
Hornigold had taken the French ship, whereupon
Jennings and Ashworth weighed anchor to go after
them, but not being able to overtake them stood
in again to the Bay, and came to an anchor, the ship
being in the offing, one of the periaguas being on board
ship and several of her men hailed her alongside and threw
the money being about 28,500 odd peices of eight into
the periagua and immediately went away with it.
Soon afterwards the ship came in again and acquainted
Jennings and Ashworth the money was gone, and then
by order of Jennings one of the periaguas was cut to
peices and Young's sloop burnt. Next morning
Carnigie hailed aboard the ship and hoisted out of his
sloope into the ship all his guns ammunition provitions
and stores, and going on board with his men took the
command of her without controul. Jennings, Ashworth
and Carnigie weighing anchor in order to go to Provid-
ence, and coming out of the harbour Carnigee gave the
Frenchmen that were left on board the ship his sloop,
and then all three sail'd for Providence where arriving
they shared the goods in three parts one for the owner of
the three sloops, and the other two for the men. The
owner's share of the goods were put on board the sloop
Dolphin, and then wrote to Mr. Daniel Axtell and to his
brother Jasper Ashworth. Deponent saw part of the
letter, importing they had taken a ship, and that the
sloop was coming with the goods taken out of the ship.
Deponent, with James Spatcher, Commander of the
Dolphin, delivered the above letters to Daniel Axtell,
who ordered the sloop to go from Cowboy to Pigeon
Island, and thence to Manatee Bay, whence deponent
and others brought dry goods in a canoe from the
Dolphin to Port Royal, Mr. Axtell receiving them
himself into his storehouse at night. After which the
sloop being seized by Fernando in Manatee Bay was
sent into Port Royal Harbour, etc., etc. Signed, Joseph
AMERICA AND WEST INDIES. 215
1710.
Eels. Endorsed as preceding. \\ pp. [C.O. 137, 12.
Nos. 41, 41 i. ; ami (without enclosures) 138, 15. pp
204-212. J
Dec. 3. 41 2. Instructions from the Government of the Massachusetts
Boston. j} av to jy| r Agent Dummer. Whereas application hath been or
may be made to the Crown for procuring a Patent for all that
tract of land lying between St. de Croix on the North East,
Sagadehook and Kennebeck River on the South West. Upon that
occasion, you are to represent, that from the said Sagadehock and
Kennebeck River to Penobscot so call'd (which may amount to
near a third part of the whole tract above mention'd) was more than
GO years since bonafide purchas'd by numbers of English Gentle-
men and People of and from the natives or Indian Proprietors
by and with the consent of the King's Governors and Government
from time to time, and the greatest part of it lying within and
deriv'd from the great and original grants or patents] of the
Council of Plymouth yet to be seen. That pursuant to such
fair and legal purchases and confirmations, the said purchasers,
their Agents and people expended great sums of mony, made very
considerable improvemts., had sevl. settlements and plantations
untill they were wholly broke up and ruin'd by the French
and Indians in the late war to the unspeakable loss of lives and
estates. You are therefore to take care that there be a particular
and express saving and exception to the lesser tract beforemen-
tion'd, vizt : from Penobscot to Sagadehock and Kennebeck
River, purchas'd confirm'd and settled as aforesd. by the
respective Proprietors thereof. Signed, Saml. Shute, by and
with the advice and consent of the Council and Assembly, Jos.
Maison, D. Secry. Endorsed, Communicated by Mr. Dummer.
Reed. Read 24th May, 1717. 2 pp. [C.O. 5, 866. No. 116.]
Dec. 5. 413. Joseph Boone and Richard Beresford, Agents for the
Commons House of Assembly in South Carolina, to the Council of
Trade and Plantations. We are so unfortunate as to find that
although the affaires of South Carolina are in so ill a posture,
there is an Address sent home from the Governour and Councill of
Virginia etc., that they had not been wanting to strengthen
H.M. hands by taking measures to prevent a divertion of his
forces agt. the heathens abroad, etc., having sent such timely
and sufficient succours to his distressed subjects in Carolina
as had effectually helped them to recover their province out
of the hands of the barbarous Indians, and had rendred that
assistance needless which H.M. had been pressed to send from
Europe, etc. We are very sorry that we are oblidged to represent
that it plainly appeares that the greatest part of their callamities
hath proceeded and doth proceed from the Indian Traders of
Virginia, and we beg your Lordships' assistance in redressing of
these greivances. Upon the first attack of the Indians the
Governour and Councill of Carolina were necessitated to send
Agents to Virginia and other parts to sollicite releife, and did
expect that so powerfull a province as Virginia and who were
2i6 COLONIAL PAPERS.
1716.
so neare neighbours and fellow subjects would at their own
expence (as South Carolina did formerly for North Carolina upon
the like occasion) have supplyed them with a good reinforcemt.
but so farr from it they insisted upon the hardest conditions
imaginable before they would consent to send a man, which
their absolute necessities oblidged the Agent to promise (only
that they would endeavour the country should com[? ply] with).
The agreemt. was 30s. pr. mo. pr. man, besides a negro woman
to be sent to Virginia in lieu of each man sent to Carolina to work
till their returne. Upon these conditions Carolina had at their
own expence about 130 men, the far greater part of whom were
poor ragged fellows, raw servants, transported to them most of
them just landed from England and Ireland whose masters con-
sidering the profitt would be greater by this agree[. ? ment] then
keeping them to work at home, let them have them, who comming
to Carolina unseasoned to America many of them fell sick, and
were intirely unserviceable and unexperienced in armes ; nor
were they in any action, and did not stay above eight months
before remanded and sent home. Upon the meeting of the
Assembly of Carolina the agreemt. for them was taken into
consideration, they being desirous to comply with the Agent's
premisses, although not sent by their authority or authorized
to make such an agreemt. and finding it unpracticable to send
negro women in their roomes by reason of the discontent such
usage would have given their husbands, wch. might have
occasioned a revolt also of the slaves ; they allowed the Virginians
4 pr. mo. pr. man, Carolina money, which was paid them ; but
it's so farr from satisfying the Virginians, that they make it a
pretence of quarrell, and tell them, for the future they shall
perish before they shall have any assistance from them, and their
Agents sent thither since to accomodate the matter were told by
the Governour he would doe them all the disservice he could, and
accordingly has made the aforesaid Representations in his
Address to H.M. in order to prevent their obtaining supplies.
We must attribute this behaviour of the Governour's in some
measure to a complyance with the ill disposition the Assembly
of Virginia hath to Carolina, for as the Governour at first promoted
a supply being sent them, so afterwards callfwj?] an Assembly,
and promoting more forces being sent, they not only refused it,
but seemed dissatisfyed with the going of the former which they
were not consulted in. Refer to enclosures from the Commander
in Cheife of the Carolina forces agt. the Indians, and people
of the best authority in the country of the informations they have
had of the Virginians encourageing the Indians to make warr
upon them, and supplying them with guns, ammunition and
other traffick. Which makes appeare the grand reason of all
their inhumanity to continue the lucre of their trade with the
Indians, for which end and purpose they have passed an Act for
carrying it on in a Company, that if that Act receives the Royall
assent that may have by H.M. authority power to devest them
of it which in Carolina they would not much matter could they
without trading wth. the Indians be secured from their attacks,
AMERICA AND WEST INDIES. 217
1716.
but there lyes their misfortune, for if they omitt trading with
them they will goe to the Virginians who if permitted to trade
without limitation can sell cheaper then Carolina, which will
carry the trade from them, and the Indians being thus independ-
ant of yt. province will continually insult them whilst they can
be supplyed from Virginia, and never be brought to peace, nor
will the Virginians ever desire they should so long as they doe
and can trade with them. The Indians are naturally proud,
revengefull and bloody, lovers of warr and mischeife, and are
no longer to be kept in subjection then necessity or interest oblidges
them which may be accomplished by prudent methods and
precautions, the cheife of which is making them dependant for
necessaries of all kinds, and in these keepg. them bare and
unstored. But if the Virginians are permitted to trade with
them Carolina can't prevent their having magazines of armes and
ammunition, the Virginians selling cheape the Indians are inabled
to purchase greater quantities. It is certaine the Virginians
have at the beginning of the warr, and very lately sent here to
buy great quantities of such armes as formerly the Carolinians
used to sell the Indians, there being a particuler sort that those
Indians like, and whilst the Carolinians traded with the Indians
Virginia never made use of but they have now lately (as may be
seen by the Custom-house books) imported great quantities of
deer skins, which must be bought of the Indians that are at
warr with Carolina ; their trade with their neighbour Indians never
having produced such quantities, and can be no other then the
stores the Indians plundered from the Carolina Traders and sold
to them. Thus my Lords appeare the difficulties that Carolina
struggels with on every side, and how unlikely it is to restore
peace whilst the Virginians are permitted to trade with the
Indians living within the limit ts of Carolina, without paying the
same duties and being under the same rules and limmitations in
trade as the traders of Carolina. Nor is it possible for Carolina
to inforce laws necessary to regulate that trade in order to keep
the Indians in subjection, and have a good correspondence with
them whilst the Virginians trade wth. them not being lyable to
the same laws and restrictions in trade but will pervert what
Carolina restrains them in for the sake of peace, to their own
profitt, and the undoing Carolina. We hope your Lordships
will seriously consider this their unfortunate and deplorable
condition in respect to the Virginians trading with the Indians
living within the limitts of Carolina, and now at warr with
them, or with foreigne Indians as the Virginians truly call
them in the preamble of their Act, so that an Order may be
obtained to limitt the trade of each province to their own Indians ;
or if permitted to trade with Indians inhabiting within the limitts
of another province, they shall strictly be in joined and made
. lyable to all the laws and customes imposed upon the traders of
that province they trade in. We are likewise instructed and beg
leave most earnestly to represent to your Lordships the behaviour
of the King of Spaine's Garrison at St. Augustine towards
Carolina : The Yamasees of all the Indians were ye first that
218 COLONIAL
1716.
began the warr attack'd the English and murthered them in cold
blood, and they have ever since been sheltered by the sd. Garrison
from whence by reason of their nearness to South Carolina they
not only prevent the resettling of many deserted plantatns.,
but are and will be continually murthering and enslaving the
inhabitants of the sd. province and robbing them of their slaves
cattell etc. which they carry to St. Augustine and are there
openly bought by the Spaniards ; and the Yamasees are by them
plentifully provided with armes ammunition and provisions
which they could not procure anywhere else, which is we humbly
apprehend a breach of the first Article of the late Treaty between
the Crownes of Great Britaine and Spaine. H.M. subjects in
slavery amongst those Indians and others detained by the
Spaniards with the slaves cattell etc. so taken have been
demanded of the Spaniards by a propper Agent sent by the
Govermt. of Carolina for that purpose : But the redelivery thereof
refused, under a pretence (after many evasive answers) that they
had wrote to the Court of Spaine for directions therein : and as
to Yamasee Indians the Governour told the Agent they were
subjects of Spaine and upon that account he could not but receive
and use them kindly, and also protect them against us ; of these
perticuler and severall other hardships put upon Carolina by the
Spaniards we beg leave to lay accounts and affidavitts before
you, and we humbly beg your Lordships will represent them to
H.M. in order to procure such necessary powers and instruction
to be sent to the Governmt. of Carolina as may effectually authorize
them to attack their enemies the Yamasees, or other Indians at
warr with Carolina wheresoever they shall find them, although
they should be in the King of Spaine's jurisdiction, without
which permission it will be impossible for H.M. subjects of
Carolina (their enemies being so protected) ever to suppress
them, but they must always be spoyled and ruin'd by them.
And we also humbly request and hope that restitution of the
effects of H.M. subjects so detained by the Spaniards will be
redemanded by H.M., and the Spaniards breach of Treaty
remedyed. We returne your Lordships thanks for your readiness
from time to time in receiving their requests, and promoting
answers thereto. But as what has been hitherto done is not
effectual to their releife, the warr and consequently the expence
still continuing, the people still decreasing both by death and
desertion, they not being at first above 1400 English fitt to beare
armes against many thousand Indians, that disables them to
pay so great a debt contracted, and continue the expence, and in
a short time must reduce them to ruin, or to abandon the province.
Your Lopps. will be pleased further to represent these their
necessities and requests to H.M. and the parliamt. in order to the
obtaining effectual! releife. Signed, Joseph Boone, Richd.
Beresford. Endorsed, Reed. Read 5th Dec., 1716. 3 pp.
Enclosed,
413. i. Committee of the Assembly of Carolina to Messrs.
Boone and Beresford. Aug. 6, 1716. Our House of
Commons had resolved that a Committee from their
AMERICA AND WEST INDIES. 219
1710.
House shou'd have drawn these letters before the[y]
broke up, that they might have had the approbation
of the whole House, and have been sign'd by the
Speaker, but a hurry of business prevented them and
they only gave us the heads they would have us insist
upon and farther order 'd us, that we shou'd send home
some Acts of our Assembly and other papers, enclosed.
Since our last to you we have received several letters
from you and are glad to hear that we are like to have
assistance of men from Engld. There is already one
vessel arrived from Leverpool with eighty odd of the
rebells, whom we hope will prove serviceable to this
country, we being still in great want of men to help
defend us from the incursions of our barbarous enemies
who are still very numerous threatning to invade us
in a short time wth. an army of 4 or 5000 men to be
rais'd amongst the Creeks, Tallabosees, Obecaes,
Albamees, Choctaws, Euchees, Apalaches, Yammasees,
Savanna's and other Nations of Indians in amity with
the French at Moville, and Spaniards at Pansecola and
St. Augustine ; They have already began to make
incursions amongst us, in small parties, having by that
means destroy'd several of our inhabitants very lately.
Last week in perticuler Major Henry Quintyne, and
several others were kill'd near Port-Royal, by ye Yam-
masees who unless removed from St. Augustine will be
a continual plague to this province, more than any other
Indians being so near us, and plentifully provided wth.
armes, ammunition and provisions from ye King of
Spain's Garrison in that place ; of this divers merchts.
and masters of vessels trading to that Port have been
eye witnesses ; but the fullest information we have had
in that affair is from one Hugh Brian son to Joseph
Brian, who was made a prisoner by ye Yammasees in
ye beginning of this war and was a slave amongst above
a year ; at length his Master being call'd the Woospan
King having under his command about 15 men, sent
him in to us, to desire a peace with us, wch. we would
have willingly granted (understanding by Brian that
he has all along been a friend to the English, saving
his life when a great many others were cruelly put to
death by ye Indians in cold bloud). The Woospan
King desired if we would make a peace with him, that
we would send to him privately at St. Augustine, wch.
we did but he was not to be met with there. So we
concluded that ye Spaniards had some notice of it,
and that they had sent him out of ye way on purpose ;
This Brian has heard the Indians telling one another
oftentimes that the Spaniards perswaded them what
they could, to kill the English, provided they did not let
them see it done, and he has all along been an eye-
witness to the Spaniards furnishing ye Yamasees wth.
COLONIAL PAPERS.
1716.
whatever they wanted to carry on the war against us ;
His Master once carried him amongst the Creeks where
he continued some time ; while he was there divers
parties of Indians came in with ammunition from
Moville and Pansecola who also encourage the Indians
all they can to destroy us, etc. Unless we can find some
way or other to prevent the Indians from being supplied
with arms and ammunition, we may expect a long and
bloudy war wch. in all humane probability will end in
the ruin of this once flourishing Colony ; the best method
that can be proposed to strengthen this province, is
to get a good number of people from other parts to
come and settle in it, and one Act of our Assembly
(copy enclosed) gives great encouragemt. to any
persons that are willing to come and settle on ye
Yammasee lands, being ye best part of this province ;
But we cannot expect that any person will come to
settle there till the Yammasees be removed from
Augustine, wch. we hope may be effected by means of
ye Governmt. at home, therefore desire you will use
your utmost dilligence in that affair. It is some time
since our Governmt. sent to the Governr. of Augustine
a letter to demand his observance of the first articles
of ye late Treaty of Peace concluded between the Crowns
of Great Brittain and Spain, whereby neither Nation
is to give any aid to ye enemies of the other ; to which
he return 'd answer, that he look't upon ye Yammasees
as the subjects of Spain who a long time ago revolted
from that Crown but were now return'd again to their
former allegiance, and that upon that acct. he could
not chase but receive and use them kindly and also to
protect them against us : Now if ye subjects of Spain
in time of Peace are allow'd to destroy ye subjects of
Great Brittain and not only allow'd but encouraged
and assisted to do ye same, by ye King of Spain's officers,
we think it is the greatest violation of ye said Treaty
imaginable and we hope it will be resented at home
accordingly ; This is directly the case of ye Yammases
who have neither ammunition nor provision but what
they receive immediately from ye King of Spain's
Garrison at Augustine, though now shortly they will
[have] corn enough of their own having planted a great
deal near that place. Since the comencemt. of this war
we have had abundance of slaves taken from us by the
Yammasees and carried to Augustine and many more
run away to that place of wch. having certain inform-
ation, we sent Major James Cochran in quality of
Agent for this province to demand the said slaves, and
other goods which the Indians had got from us, but to
no purpose, for they would not deliver them up, notwith-
standg. several negro slaves belonging to our said
Agent came flocking about him intreating that they
AMERICA AND WEST INDIES. 221
might have liberty to go home wth. their Master.
Their refusing to deliver up those slaves has encouraged
a great many more lately to run away to that place,
and what still is more barbarous in ye Spaniards is,
that they suffer ye Yamasees to keep divers of our
white women and children as slaves amongst them of
wch. we have certain intelligence by Hugh Brian
confirm 'd by ye master of a New York sloop, who
actually saw some of them at Augustine but when our
Agent was there, he saw none but two children whom ye
Spaniards have got, in order to make good Christians
as they call their proselytes. We are inform 'd by some
masters of vessels that the Governr. of Augustine says
all Carolina belongs to the King of Spain and that he
hopes in a short time to see it united again to his
Dominions ; and so great an eye sore are we to the
Spaniards that when some time since it was reported
at ye Havanna that we were all taken or kill'd they
express 'd their satisfaction thereat by ringing of bells,
bonfires and other demonstracons of joy from all
which we conclude the Spaniards will still encourage
and insist our enemies all they can to kill and destroy
us. This is but a bad return of ye civilities they have
always received from us for when some of our neighbour-
ing Indians in ye late war, used to take ye Spaniards
even from ye walls of Augustine whom they would
cruelly put to death, we as soon as we knew it prevented
it, by paying five pounds for every Spaniard they
would bring alive to us. (You will find how much
money we paid on that acct. in ye abstract of ye publick
charge of ye Province, exclusive of the present Indian
War, herewith sent) after wch. they killed none but
brought all alive to us and we sent them home to
Augustine, and since ye Peace was concluded we have
entirely prevented them from doing the Spaniards any
manner of mischeif whatsoever. As for the Charakees
they have so often promised that they would fall upon
our enemies to ye Southward (vizt.) the Creeks, Euchees,
etc. and so often disappointed us that we can but little
depend on them in that affair ; However they have
done us a signal peice of service, in compelling ye
Cattawbaws, and those other small Nations about them
to make Peace wth. us, whom otherwise they threatned
to destroy ; They have engaged to deliver up Wateree
Jack, who is thought to be ye author of most of ye
mischief they have done us, and all ye white men's
slaves goods and horses they have amongst them. The
Wascaws refused to make peace with us which obliged
the Cattawbaws to fall them. They have kill'd ye
major part of them the rest are fled to ye Sarraws :
also ye Waccamaws, and those other Nations bordering
on ye sea shore, to ye Northward (the Sarraws excepted)
222 COLONIAL PAPERS.
1716.
have made peace with us fearing the Cherakees. The
conditions of ye peace agreed upon wth. them is, that
they shall deliver up all belonging to ye white people
and that they shall use their endeavours to destroy
the Sarraws ; They are now marched with their whole
strength to put it in execution. We knowing that it
was impossible the Waccamaws should be supplied
with ammunition from ye Spaniard asked them how
they came by it since this war ; they answer'd that
what little they had they got from ye Sarraws who
constantly used to carry slaves skinns and other goods
taken from us (of wch. they had a large share) to
Virginia, in lieu of wch. they return'd home wth.
ammunition and what elce they wanted ; This being a
great abuse, we hope you will represent it as such, for
by this means they have been, and still are enabled to
hold out against us, etc. Refer to enclosures. P.S.
The charge we have been at during this present Indian
war amounts to 95,000 and accordingly there's an
Act pass'd by ye General Assembly, wch. makes
provision for levying ye said sum upon ye estates of
ye inhabitants of this Province, wch. will be an heavy
burthen upon them. Aug. 13, 1716. Signed, B.
Godin, Ra. Izard, Edwd. Hyrne. 2| pp.
413. ii. Extracts of letters from South Carolina, (a) Aug. 30,
1715. Refers to negotiations with Virginia. They advise
us yt. our Northern enemies have coartid them for a
trade with them : and yt. they have lay'd them under
a promise of a cessation of arms against us : and have
order'd them to return with a certain number of ye
Great Men : ye which are to consist of all our Northern
Enemies : with whom ye Coll. Spotswood writs us yt.
he thinks if hee brings all of them to a nutralitie, it will
be very much to our advantage. And I beleive he
designs no more, because Capt. Evans whom he sent
hither as Commander in Cheif of all his forces ; declares
that his Instructions are, that he shall not fight against
our Northern enemies : wherefore I beleive Evans will
return for Virginia. Now Sr. knowing how they treated
ye people of No. Carolina when they were at war : with
ye Tuskaroras : together with the fund of money layd
out (and by whom) for ye carrying on of ye Indians trayd,
I must judge they are willing to have us in a continual
war with our Southern Indians that they may have the
whole trade with the Northern : Because it's certain
as long as our war continues with any one party we
cannot trade with the other. Butt a far greater
mischeif attends any of our enemies being brought to,
or allowed to be nuters, because under that covert
they will both supply and assist our enimies : then
the sweat and blood of our people, will center in ye
coffers of the Indian Trading company of Virginia (thee
AMERICA AND WEST INDIES. 223
1710.
which I think they hope for). You will find in our
Address to ye King we pray him to command yt. a war
be proclaimed in Virginia with all our enemies and I
hope you will with all earnestness press it ye which
being granted we have reason to judge would soon end
the war : But if the contrary and any of our enemies
stand nuter the charge will ruin us and we must leave
this our hopeful place.
(b) April, 21, 1716. I find by an Address of thanks
from many merchts. and others of London to Collo.
Spotswood he is esteem'd to be our only support and
deliverer out of the hands of our enemies now it must
be confest that upon the arrival of Mr. Middleton
who was sent to desire his assistance our Messenger
was received and treated at first sight with great civillity
and large premisses of assistance. But when the terms
came to be stipulated he was forced to promise that for
every man they suffer'd to come we should return an
able negro woman in his stead wch. should continue
there and make good all the time each man shou'd
be absent and that the transportation of both white
and black to and from the place should be at our cost,
and every man so sent should have 30s. pr. month and
that we should pay what debts they ow'd in Virginia
as far as that 30s. pr. month would reach, the number
of men sent was . But their officers and about 10
more excepted they were the most ignorant creeping
naked people yt. ever was seen for such a number
together and I verily beleive many of them did not
know how to load a gun some of them did confess they
never did fire one. The armes that were sent with them
were like themselves, and so broke and out of order yt.
above three quarters of them were sent to the smiths to
be mended, and Mr. Middleton told us that the
Governour had several hundreds of choise arms which
he desired part of for those men, the Govr. answer'd
they were the King's and he could not spare them. He
also supplied us with some powder and shot, but set
such price on it in buckskins that we could buy powder
cheaper in our town. When Mr. Middleton let us
know his negotiations we were amazed at ye sending
of ye negroes and could not think it by any means
practicable but in lieu thereof offer'd the men 50s. pr.
month with which they were content so yt. they had
4 pr. month : The which we thought generous. Now
the Governr. of Virginia taxes us with breach of
contract and has upbraidingly writt to us on this
foot the whole story is too long to recite : and I suppose
you are thoroly tyred with the potaige you have had
etc. Wherefore know my resolution is to propose
that ye whole stepulation and other passages that have
happen'd be truly copied and put in print in London
224 COLONIAL PAPERS.
1716.
that the world may see how Collo. Spots wood has dealt
with us and then they may judge whether his regard were
not paid to our buckskins and whether his ignorant
mortals here defended us for we have sent back all that
were willing to go and are glad to be eased of the charge
altho' we should be glad of a number of good men that
our Planters might return to their homes. 2| pp.
413. iii. Extracts of letters from South Carolina, (a) 15th
May, 1715. The Sarraws give out amongst the Wincaws
and Norward Indians that they are order 'd by the
Virginia Traders to destroy this country and do their
utmost endeavours to draw those Indians with the
Waccmans to their party they offer them plunder and
threaten they will destroy all that will not side with
them.
(6) 19th June, 1715. We have an account pr. some
Indians that are lately taken that the Virginia Traders
encouraged our Indians to do what they have done
and promised to supply them at a much easier rate
than our Indians Traders did and that they would
give them much better treatment. We have the
names of some of them who encouraged them to
committ this barbarous act, etc.
(c) 5th April, 1716. I perceive in the accounts of our
affairs in England that the Lords Comnrs. of Trade are
inform'd by Mr. Byrd several things which he knows
but little off. But in one perticular he is right, which
is our Traders trusting so largely their goods to the
Indians. But as to everything else it is false notions
of the management of Indians who are naturally proud
and only want good stores of our goods to set them on
mischeif. And if they were to have a good supply of
goods at Virginia rates they would soon be our masters.
No people keeps their Indians in so much subjection
as the Spaniards and only by keeping them poor. Mr.
Bird makes mention of their Tributaries in how great
order they keep them which altogether are but very
few and compounded of at least 18 or 20 different
Nations and the largest of them not above 80 men,
and some but 10 men. I heartily wish Virginia had all
our Indians so we were but secured from them. That
they may try whether their cheap selling them goods
and kind usage would avail anything to such a number.
There's another false assertion from a New England
merchant that we used to set our Friendly Indians
together to war on each other for the advantage of
slaves which you know to be falce and that it was
always our care to keep them at peace which we dearly
pay for now. I desire you will also take notice of the
false representation of the Virginians in England when
Sr. Nathaniel Johnson was our Governour, wherein is
asserted that the Cattabas are in their Government
AMERICA AND WEST INDIES. 225
1716.
which to your knowledge is not and I have taken the
latitude of the most northern towns of those Indian
Settlements which I found to be to the northward of
Charles town but 89 miles.
(d) 6th Aug., 1716. We knowing that it was
impossible that the Waccamans shou'd be supplied
with ammunition from the Spaniards ask'd them how
they came by it since this war ; they answer'd that
what little they had they got from the Sarraws who
constantly used to carry slaves, skins and other goods
taken from us (of which they had a large share) to Virginia
in lieu of which they return 'd home with ammunition
and what elce they wanted. This being a great abuse,
we hope you will represent it as such for by this means
they have been and still are enabled to hold out against
us. Endorsed, Reed. Read 5th Dec., 1716. 3 pp.
413. iv. Certificate by Robert Daniel, Deputy Governor of
South Carolina, 13th Aug., 1716. (a) Having several
complaints and informations given unto me that the
Spanish Government at St. Augustine did intise stir
up and incourage the Yamasees and other Nations of
Indians to make continual deprecations on H.M.
subjects of this province comitting frequent murders on
their persons and robbing them of their slaves goods
and their cattle and conveying them to St. Augustine
and there disposing of them to the Spaniards who openly
bought them of the said Indians, I the Govr. aforesd.
did by the advice of the Generall Assembly in June,
1716, commission Major James Cochran then one of
the Assembly etc. to be Agent for this Governmt. to
St. Augustine to demand the prisoners slaves and other
effects belonging to H.M. subjects which were in
possession of the Spaniards who bought them of the
said Yamassee Indians. Major James Cochran at his
return deposeth that he did there see several of his own
slaves in possession of the Spaniards as also several
other slaves who told him they belong'd to H.M.
subjects of this province and were carried and sold
to the Spaniards by the sd. Indians, begging him to
redeem them. He also saw several perriagos there
which he was informed belonged to H.M. subjects, etc.,
and having made a demand of the sd. effects of the
Spanish Governmt., after several evasive answers
they told him that they had writt to the King of Spain
for directions how to dispose of them and that they
could not part with them till they had an answer.
He was inform'd that the Yamassees had a constant
supply of ammunition from the Spanish Governmt.
Signed,, Ja. Cochran.
. (b) Deposition of George Duckett, shipwright, living
now at Charles Town, but lately at Port Royall. Depo-
nent has made several voyages to St. Augustine since the
Wt. 26355. C.P. 15.
226
COLONIAL PAPERS.
1716.
Dec. 6.
St. James's.
Dec. 6.
St. James's.
Dec. 6.
Annapolis
Royall.
Dec. 6.
Dec. 6.
Whitehall.
beginning of this Indian rebellion. He saw several
slaves belonging to his neighbours at Port Royal in
possession of the Spaniards and bought by them of the
Yamasee Indians who robbed the sd. slaves of Major
Cochran, James Patterson, Collo. Barnwell, Mrs. Ford,
Mr. Dicks, Mr. Graham, Mr. Adams and one slave
belonging to himself. The Yamasee Indians assured
him that the Spaniards supplied them with as much
gunpowder and ball as they demanded, and bought all
such goods of them which they plundred. from H.M.
subjects of this province. Signed, George Duckett.
The whole signed, Robt. Daniell. Endorsed, Reed.
Read 5th Dec., 1716. Copy. 1 p.
413. v. An account of the charges the inhabitants of South
Carolina have been att for the defence of the said
Province, 1701-1716, over and above the expences of
the present Indian Warr, etc. Total, 84,035 (including
8495 for the Expedition agst. St. Augustine). En-
dorsed as preceding. 1 p. [C.O. 5, 1265. Nos. 44, 44
i.-v. ; and (without enclosures) 5, 1293. pp. 42-52.]
414. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom, in Council. Approving appointment of Robert
Johnson as Deputy Governor of Carolina, provided he qualifys
himself and gives security as Nov. 22. Signed, Edward Southwell.
Endorsed, Reed. 10th Dec., 1716, Read 2nd Jan., 17 jf. 1 pp.
[C.O. 5, 1265. No. 46 ; and 5, 1293. pp. 56, 57.]
415. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom, in Council. Approving report of the Council of Trade
and Plantations, Nov. 22nd, upon the petition of Lord Archibald
Hamilton, and ordering that instructions be prepared for the
Governor now going over to Jamaica, to recommend the said
publick debts to the Assembly for procuring the payment thereof
accordingly. Signed, Edward Southwell. Endorsed, Reed. 31st
Jan., Read 16th Aug., 1717. 2pp. [C.O. 137, 12. No. 58 ; ami
138, 15. pp. 285-287.]
416. James Campbell to Mr. Secretary Stanhope. Having
served for 26 years begs to remit in his son's favour and to be
provided for in Chelsea as a half pay Captain, etc. Signed,
James Campbell. Addressed. 1 p. [C.O. 217, 38. No. 1.]
417. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom etc., in Council. Confirming Acts of Nevis obliging all
persons to give in a list of their slaves upon oath ; and for making
fortifications. Signed, Edward Southwell. Endorsed, Reed. 8th,
Read 16th Jan., 17f If pp. [C.O. 152, 11. No. 40; and 153,
12. pp. 483, 484.]
418. Council of Trade and Plantations to Mr. Secretary
Methuen, In reply to Nov. 30, refer to their own letters of S^pt.
AMERICA AND WEST INDIES.
227
Dec. 11.
Jamaica.
1716.
13th, March 24th, 1716, and Representation of Dec. 14, 1715.
Continue : As to the dislodging of the pirates, we conceive the
Lords of the Admiralty are the best judges, what force may be
necessary etc. However, we take leave to observe, that unless
proper measures be taken for securing and settling those Islands,
as soon as the pirates shall be dislodg'd, this service will not have
its full effect. For when the ships of war shall be retir'd, this
Island will always be a receptacle for such pirates, or liable to be
seiz'd by other Nations to the great prejudice of our commerce
in those parts. Autograph signatures. 2 pp. [C.O. 23, 12.
No. 73 ; and 138, 15. pp. 57, 58.]
41 9. General Heywood, C. in C. of Jamaica, to Mr. Secretary
Stanhope. On the 3rd of this instant I sent on board the George
a pacquet directed for H.M. service to your Honor, which
contained the Journal of the Councill and Assembly with the
Acts I had passed, but the ship sprang a leak etc. I now send
H.M. pacquets on board the Sarah, etc. On the 4th instant H.M.
sloop Swift Capt. Thomas Durell Commander arrived from
Newfoundland to whom I ordered my Secry. to write and desire
he would take a cruize up with this ship as far as the Narrows
where if she gets well I hope she may be clear of any danger of
pyrates, etc. v. Jan. 3rd, 1717. Signed, Peter Heywood. 1 p.
[C.O. 137, 46. No. 22.]
420. A. Broughton to the Council of Trade and Plantations.
Offers to be security for Lt. Govr. Johnson, etc. Signed, A.
Broughton. Endorsed, Reed. 13th Dec., 1716, Read 2nd Jan.,
17if. Addressed. \ p. [C.O. 5, 1265. No. 47.]
Dec. 12. 421. Mr. Popple to Archibald Cumings. In reply to letter of
Whitehall. Aug. 22nd (i.e. 2nd. Ed.) encloses copy of Attorney General's
opinion, Nov. 22, q.v. [C.O. 5, 915. p. 21.]
Dec. 12. 422. Mr. Attorney General to the Council of Trade and
Plantations. I have considered the several Acts following past in
Antigua (v. 2nd Nov.). As to the Act for establishing a Court of
King's Bench, Common Pleas and Errors etc., tho' there are several
things therein contained proper for regulating the proceedings
in those Courts, yet for the reasons hereafter mentioned, I am of
opinion that the same is not fit to receive H.M. Royal approbation,
(i) It directs that those Courts are to hear try and determine
matters therein according to such laws and statutes of England
made before the settlement of that Colony, as should be allowed
by the Judges there, to be in force in that Island, which thereby
leaves an arbitrary power in the Judges to accept of the Laws of
England in such cases only as they shall think fit, and it has not
yet been thought proper to transferr the Laws of Great Britain
to the Plantations generally, (ii) It carries all the Laws of
England into the Plantations in criminal matters, which has
never yet been thought proper for the Plantations, (iii) It
ascertains the times for declaring and pleading in actions in those
Dec. 12.
228 COLONIAL PAPERS.
1716.
Courts, which will be inconvenient, there not being a power to
give to those Courts to alter the time, in cases that shall require it.
(iv) It subjects the inhabitants of Great Britain, and of other
H.M. Dominions to be sued, and judgment to be obtained against
them by fixing a summons upon the door of the place where
those Courts are held, which is unreasonable, (v) It allows the
certificate of a publick Notary to be evidence of the execution
of a deed, which is unreasonable, because a publick notary cannot
administer an oath. And it also allows the probates of wills in
Great Britain, or other H.M. Dominions to be good evidence
of the execution of such wills, which is unreasonable, the probate
not proving the validity of the will, as to the title of lands, (vi)
It disables any person after suit in law or equity commenced
against him to dispose of any of his lands or goods, which is also
unreasonable, (vii) There are also in it several regulations of
appeals and writs of error to H.M. in Council, which I think proper
only to be regulated by H.M. in his Instructions to his Governor.
And as to the Act for constituting a Court of Chancery in this Island,
this Act provides that the Court of Chancery shall be held before
the Governor and Council, and not before the Governor only, as
it was before held by H.M. Instructions. And I have no objection
against this Act, but that what is done by this Act, might have
been done by H.M. directions in his Commission to the Governor,
if the same be not already done thereby. And as to the Act to
indempnifie Anthony Brown and John Elliot from a certain bond
etc., it takes notice of a former law whereby the vestries of the
several parishes in that Island are empowered to raise money
upon the inhabitants for the erection of Churches, and that
Brown and Elliot when Churchwardens of the parish of St.
Philip at the request of the Vestry, had agreed with George Pullen
to build their Church there, and by bond and covenant had
obliged themselves to pay him 1100 for the same, but that the
Vestry refused to lay a tax on the inhabitants for the raising it,
therefore the Act makes the parishioners chargeable with the
money, and to indempnifie Brown and Elliot ; and directs the
Vestry to raise the same by taxes on the parishioners, and if
they shall refuse so to do, appoints assessors to rate the same,
which I think reasonable and proper to receive H.M. Royal
confirmation. Signed, Edw. Northey. Endorsed, Reed. 15th
Dec., 1716, Read 8th July, 1717. 2f pp. [C.O. 152, 12. No.
4 ; and 153, 13. pp. 52-56.]
Dec. 13. 423. William Bonner to the Council of Trade and Planta-
From Mr. tions. Offers to be security for Lt. Gvr. Johnson, etc. Signed,
B ar *frs in Wm. Bonner. Endorsed, Reed. 13th Dec., 1716, Read 2nd Jan.,
Sadily 17lf. Addressed. $ p. [(7.0.5,1265. No. 48.]
Dec. 14. 424. Council of Trade and Plantations to H.R.H. George
Whitehall. Prince of Wales, Guardian of the Kingdom etc. Reply to 19th
July. Before we oiler our opinion upon the Ordnance Stores
wanted in the Leewards Islands, we humbly take leave to lay
before your Royal Highness a state of the duty of 4 p.c. in
AMERICA AND WEST INDIES. 229
1716.
Barbadoes and the Leeward Islands etc. That duty was for divers
considerations given by Acts of the respective Assemblies of
Barbadoes and the Leeward Islands pass'd in 1663 and. 1668.
And by Act of Parliament 9th and 10th K. William III., for
granting a further subsidy etc., the same duty was taken from
those Islands and apply'd to the use of the Civil List here. After
the expiration of that Act by the death of King William the
House of Commons on the 23rd March, 170|, addressed her late
Majesty that this duty might be apply'd for the repairing and
erecting such fortifications and other publick uses for ye safety
of the said Islands as H.M. should direct, and that an annual
acct. how the said duty should be expended might be laid
before the House of Commons which Address being referr'd to
the then Board of Trade on the 17th and 29th April, 1702, they
offer 'd their opinion for applying the said duty towards the
performance of those services accordingly, and H.M. approving
thereof, the consideration of putting the same in execution was
referr'd to the then Lord High Treasurer and Master General of
the Ordnance. By an Act pass'd in the 1st year of her late
Majesty for the better support of H.M. Household etc., and by
another Act of the 1st of his present Majesty the said duty of 4^
p.c. was excepted out of the Revenues appropriated for the
service of the Household etc. By an account receiv'd from the
Custom House it appears that since 1702 the amount of the 4J
p.c. from Barbadoes and the Leeward Islands is 78,528 2s. 5|d.
By accts. from the Ordnance the Leeward Islands have been
furnish 'd with stores of war during the said term to the value of
15,241 4s. lOd. So there remains 63,286 17s. 7d. How
much of this remaining sum has been apply'd to the defraying
the charge of Ordnance stores for Barbadoes or other services for
that or the Leeward Islands, what those services are and how far
the Ordnance have been paid for the stores they have already
furnish'd, we humbly conceive is properly before the Lods.
Commrs. of H.M. Treasury. Considering 'tis now a time of
Peace and that improvements may be hop'd for from the setling
of the late French part of St. Xtophers this Revenue must in
all probability increase. We take it for granted that if the Lee-
ward Islands did formerly supply themselves with stores of war
at their own expence as the Board of Ordnance represent it must
have been when the 4| p.c. was at their own disposal. We do
not know but that the stores sent since 1702 for the defence of
those Islands might have been sufficient had not three of the
four Islands vizt. Nevis St. Christophers and Montserrat been
ravag'd and plunder'd by the French, their arms slaves and
everything else that was valuable taken away. The Instructions
to the Govr. for keeping an acct. of arms and ordnance stores sent
thither, for transmitting hither particular accts. of the state of
them what remains, what have been expended or lost and in
what manner, and for setling fit storehouses in the said Islands
for keeping such stores are so express and particular that we
doubt not but the present Gover. will take care to answer that
part of the Board of Ordnance's proposal whereof we shall not be
230 COLONIAL PAPERS.
171G.
wanting to remind him which we hope may be a means to prevent
such great demands for the future. Upon the whole we most
humbly represent that we are still of the same opinion we laid
before H.M. the 22nd of June last that it will be for H.M. service
the said Islands be speedily supply'd with the several particulars
wanting, according to the acct. annex 'd to our said report wch.
acct. we look upon to be very distinct as to the number and
species both of the stores remaining and of those that are wanting.
[C.O. 153, 12. pp. 470-474.]
Dec. 14. 425. Governor Hamilton to the Council of Trade and
Antigua. Plantations. Repeats Oct. 3, q.v. Continues : Since the fore-
going I have an account from the Governour of Spanish Town of
several pirates that are about Cuba and Hispaniola. Refers to
enclosures. The enclosed list of inhabitants of Spanish Town and
Beef Island falls much short of the account Mr. Walton gave your
Lordships of those poor Islands. Your Lordships will perceive
how few they are in number, scatter'd up and down in those small
islands, were they removed and had they small tracts of land
allotted them in the former French part of St. Christophers I
am well assur'd it would increase the Revenue of the Crown, and
prove vastly for H.M. service, there are lately severall's gone off
of these Islands (particularly from Mountserratt) which are
making a settlement upon an other small Island called Tortola,
where there was formerly a small Colony settled, but were soon
disturbed by the Spaniards, all of them taken of, and their
settlements destroyed. Consequently so many subjects lost to
the Crown, I therefore beg your Lordships' directions in this
particular. Encloses two affidavits, whereby your Lordships will
perceive that those seas are pester 'd with that vermine of pirates,
and still no man of war arrived, by which I am not only confined,
but the trading vessells to and from these Islands much endanger'd.
Upon the hearing and taking the first affidavit, I hired a small
sloop and sent her immediately with a letter to the Governour of
Barbadoes to give him notice and to desire him to let the man of
war of that station cruize for some time off of the Island Desirado
that being the place most likely for them to cruize, it being now
the time of the year for our provision ships to come in, who
generally fall in with that Island first, and this day I have an
account that the two pirates mentioned in the affidavits are
come up to Windward and have taken two French sloops under
our neighbouring Island of Guardeloupe which is in sight of
this Island. I now send your Lordships a Book containing the
General Acts of all the Islands, and the particular Acts for the
Island of Nevis ; I have not as yet got those for the other Islands
but the Secretary assures me that they are about doing of them.
I received this day duplicates of your Lordships' letters of 30th
May and 15th June, and have already given orders pursuant to
your Lordships' directions. Signed, W. Hamilton. Endorsed,
Reed. 13th, Read 18th Feb., 17^f . 3 pp. Enclosed,
425. i. Deposition of John Kenney, Commander of the sloop
Anne and Josiah Carver, mate. Antigua, 10th Dec.,
AMERICA AND WEST INDIES. i>31
1716.
1716. On 9th Nov. they were chased by a sloop and threw
their cargo and provisions overboard, fearing if she was a
Spanish vessell that they would seize her for the same.
The sloop came so near, that deponents gave them three
chears in English in hopes to discover by their voice
what country they were of, to which they made no
answer, but continued to give them chase, but the
brize springing up they got clear etc. Signed, John
Kenney, Josiah Carver. Copy. I p.
425. ii. Deposition of John Kenney. At Martinique at the
letter end of November he heard of two pirates that
chased a French sloop into St. Thomas. These two
sloops with another ship anchored at St. Cruix where
were 5 other vessels etc. Signed, John Kenney.
Endorsed as covering letter. Copy, f p.
425. iii. Deposition of Abijah Savage, Commander of the sloop
Bonetta of Antigua. Antigua, 30th Nov., 1716. On 9th
Nov. between St. Thomas and St. Cruix he was over-
hauled and plundered by two pirate sloops, who also
took a French ship and six sail of small vessels, keeping
the French ship etc. One, called the Mary Anne,
was commanded by Samuel Bellamy who declared
himself to be an Englishman born in London, and the
other, the Postillion, by Louis de Boure a Frenchman,
who had his sloop chiefly navigated with men of that
Nation. Each sloop was mounted with 8 guns, and had
betwixt 80 or 90 men. The Mary Anne was chiefly
navigated with Englishmen. Deponent was detained
at St. Cruix. The pirates only wanted provisions and a
ship to make a voyage. Gives names of some of the
pirates etc. Signed, Habbjah Savage. Same endorse-
ment. Copy. 2 pp.
425. iv. List of dutiable inhabitants of Spanish Town ; men,
42, women, 40, children, 139 ; negroes, 105. Beef
Island, 2 men, 2 women, 2 children, 3 negroes. None
on any of the other (Virgin) Islands but on Guana Island
one famely (Patrick Conner). Same endorsement. 1 p.
425. v. Lt. Governor Hornbe to Governor Hamilton. Spanish
Towne, 15th Nov., 1716. Encloses preceding list etc.
Concludes : There lys off Cuba one large ship and 6 or 7
sloopes piratts who take all vessells they meet with etc.
Signed, Tho. Hornbe. Same endorsement. Addressed.
Ip.
425. vi. List of Gentlemen recommended to fill vacancies in
the Councils of the several Islands. Nevis : James
Symmonds, James Brown, Roger Pemberton, George
Webbe, James Biskitt, John Dasent. Antigua :
John Gamble, Thomas Williams, John Gunthorpe,
Daniel McKinnen, Ashton Warner, Robert Pearne.
St. Christophers : William Woodrope, John Garnett,
William McDowall, Drewry Ottley, Peter Soulegre,
Charles Rowland. Mountserratt : Thomas Lee, William
232 COLONIAL PAPERS.
1716.
Irish, Richard Cooke, William Frye jr., John Cockran,
Cleophas Baker. Same endorsement. 1 p. [C.O. 152,
11. Nos. 45, 45 i.-vi. ; and (without enclosures) 153, 12.
pp. 493-497.]
[Dec. 15.] 426. Copy of grant by Governor Christopher Codrington of
a plantation in the late French part of St. Christophers to Capt.
Andrew Thauvett, Nov. 17, 1698. Endorsed, Reed, (from Mr.
Duport) 15th, Read 20th Dec., 1716. 3| pp. [C.O. 152, 11.
No. 33.]
[Dec. 15.] 427. Abstract of letters from Capt. Andrew Thauvet, St.
Christophers, 1715, relating to his grant of a plantation etc.
Endorsed as preceding. French. 2 pp. [C.O. 152, 11. No.
34.]
Dec. 17. 428. _ Council of Trade and Plantations to H.R.H. the Prince
Whitehall o f Wales. We have received security for Mr. Keith etc. (v.
Nov. 22), and a declaration and promise under Mr. Perm's hand
that your Royal Highnesses approbation and allowance of the
said Keith to be Deputy Governor of the said Province and
Territories shall not be construed in any manner to diminish or
set aside H.M. claim of right to the three lower counties on
Delaware River ; we are thereupon humbly of opinion, that your
Royal Highness do grant your Royal Highness' approbation of the
said Keith to be Deputy Governor of Pensylvania without
limitation of time, and of the three lower counties during H.M.
pleasure only. Enclose Instructions for Mr. Perm relating to the
Acts of Trade and Navigation, as usual. [C.O. 5, 1293. pp. 53,
54.]
Dec. 17. 429. Council of Trade and Plantations to Mr. Secretary
Whitehall. Methuen. Enclose extracts of complaints as to the conduct of the
Spaniards at St. Augustin in the Province of Florida. Autograph
signatures. 1 p. Enclosed,
429. i. Extract of letter from Governor Hunter, 12th Nov.,
1715. \v.
429. ii. Extract of Memorial from Mr. Boone and Mr. Beresf ord,
(^o.413). 2^ pp.
429. iii. Extract of letter from Governor Heywood, llth Aug.,
1716. $ p.
429. iv.-vi. Extracts of letters from Governor Lord A.
Hamilton, 12th June, 1716, 26th April, and 14th Nov.,
1715. 1J, f and I pp. [C.O. 5, 382. Nos. 17, 17 i.-vi. ;
and (without enclosures) 5, 1293. pp. 54, 55.]
Dec. 17. 430. Order of H.R.H. the Prince of Wales, Guardian of the
St. James's. Kingdom, in Council. Approving appointment of Lt. Governor
Keith as proposed No. 428. Signed, Edward Southwell. En-
dorsed, Reed. 8th, Read 16th Jan., 17^. 1 pp. [C.O. 5, 1265.
No. 51 ; and 5, 1293. pp. 62, 63.]
AMERICA AND WEST INDIES.
233
1716.
Dec. 17. 431. Certificate from the Deputy Remembrancer that Lt.
Govr. Keith has given security, etc. Signed, John Hardinge.
D.R.R. Endorsed, Reed. Read 17th Dec., 1716. p. [C.O.
5, 1265. No. 45 ; and 5, 1293. pp. 55, 56.]
[Dec. 17.] 432. Extract of a letter from Capt. Andrew Thauvett relating
to a grant in St. Christophers, 10th Feb., 1716. Endorsed, Reed.
17th, Read 20th Dec., 1716. 1 p. [C.O. 152, 11. No. 35.]
Dec. 17. 433. Order of H.R.H. the Prince of Wales, Guardian of the
St. James's. Kingdom, in Council. Referring Representations of Board
of Trade 14th Dec. and 22nd June, and of Board of Ordnance, 17th
July, upon stores of war for the Leeward Islands, to the Lords.
Commrs. of the Treasury for their report what they conceive
fitt to be done therein. Signed, Edward Southwell. Endorsed,
Reed. 8th, Read 16th Jan., 17-}f 1 p. [C.O. 152, 11. No. 41 ;
and 153, 12. pp. 484, 485.]
Dec. 4-f. 434. Mr. Secretary Stanhope to the Council of Trade and
Hanover. Plantations. Encloses following. Continues : The King being
inclined to favour his Lordship's request, I desire you will please
to make your report as soon as conveniently may be, etc. Signed,
James Stanhope. Endorsed, Reed, llth, Read 13th Feb., 17ff.
1 p. Enclosed,
434. i. Petition of John Earl of Sutherland to the King. There
are arrears due to petitioner since the Revolution,
amounting to above 20,000. He has always testifyed
his great zeal and activity for the Protestant Succession,
and given singular proofs of his fidelity and affection
to H.M. by his services in North Britain during the
Rebellion, etc. Prays H.M. to grant him a charter of
certain lands lying upon Delaware Bay in America,
commonly called the three lower counties, which he
is ready to prove do belong to the Crown. Referred
to the Council of Trade. Signed, James Stanhope,
Hanover, 29th Dec., 1716. 1 p.
434. ii. Report of Attorney and Solicitor General to the King,
on preceding. Oct. 21st. [C.O. 5, 1265. Nos. 54, 54 i.
(without enclosure ii.) ; and (without enclosures) 5, 1293.
p. 70 ; and 5, 1233. Nos. 57, 57 i., ii.]
Dec. 19. 435. Council of Trade and Plantations to Mr. Secretary
Whitehall. Methuen. Mr. Pitt appointed H.M. Governor of Jamaica having
desir'd to be instructed upon sevl. heads etc. (v. Sept. 24th etc.),
and we finding that the matters relate principally to the powers
and priviledges claim 'd by the Assemblys ; we thought it neces-
sary to look back into our books, as far as to the first settlements
of Assemblys in that Island, for such precedents as were to be
found upon those sevl. heads in the Minutes of the Councils,
Journals of the Assemblys and other papers receiv'd from thence.
As this our search into the several books and papers, relating to
the Govermt. of Jamaica, has requir'd much time and application,
234
COLONIAL PAPERS.
1716.
Dec. 20.
Whitehall.
Dec. 20.
Whitehall.
so it has necessarily occasion 'd the inclos'd extracts to be so
voluminous, for we have rather chosen to swell this collection to
an unusuall length, than to omit the least transaction, that may
give light to the points, wch. have been laid before us. We do
not presume to give any opinion of our own in matters, wch. so
nearly concern the prerogative of the Crown, and are so essential
to the Constitution and Government of that Island, humbly
conceiving they may deserve H.M. more immediate consideration
in Council. We think it proper to acquaint you on this occasion,
that disputes of the like nature have lately arisen in other of H.M.
Governments in America. Autograph signatures. 2 pp. En-
closed,
435. i. Extracts from the Records of Jamaica, referred to in
preceding, relating to points upon which Governor
Pitt desires instructions. [C.O. 137, 46. Nos. 23, 23 i. ;
and 138, 15. pp. 59, 60, 67-160.]
436. Mr. Secretary Methuen to the Governors of New
England, New York and Virginia. Mr. Bridger being appointed
Surveyor of H.M. Woods on the Continent of America, and
the preservation of those woods being judged of very great
importance to H.M. service, in which H.M. doubts not but his
Governors of his respective Provinces will heartily concur. That
you may be enabled to do this the more effectually, I am com-
manded to transmit to you the following clause in his Instructions
etc. You are to take all possible care not only for ye preservation
of the woods, but also that not one part of them be cut either
by Mr. Bridger or any person whatever without authority for
their so doing by Privy Seal from hence. Signed, P. Methuen.
Annexed,
436. i. Copy of clause in Mr. Bridger's Instructions referred to
in preceding. You are to take especial care, that not
any part or sort of the said woods be cut either by
yourself or any other person whatsoever without an
authority for the same by a Privy Seal from hence, and
to the utmost of your power you are to prevent any
part of the said woods being damaged, wasted or im-
bezled, and as you are to mark such trees as now are or
hereafter shall be fit for masts as aforesaid, so you are
to take the greatest care for their preservation. [C.O.
5, 190. pp. 375, 376.]
437. Council of Trade and Plantations to H.R.H. George
Prince of Wales, Guardian of the Kingdom, etc. In reply to
Aug. 29, 1715, state case of Capt. Andrew Thauvet, which they
have reason to believe is true. (v. 29th Aug., 1715). Continue :
Thauvet, a French Protestant refugee from Marigalante, setled
in New York in 1687, and afterwards served Col. Codrington
so well, and at his own expense, in the expedition against Mariga-
lante and Guardaloupe, that in 1696, after the reduction of the
French part of St. Christophers, he gave Thauvett and Gabriel
Rapine a grant for ever of certain plantations therein, and had
AMERICA AND WEST INDIES.
235
1716.
before in 1691 encourag'd not only Thauvett but all strangers
and particularly the French Protestants of New York to come and
settle at St. Christophers etc. (v. Aug. 29, 1715). By the Peace
of Ryswick, whereby the French part of St. Christophers was
restored to them, Capt. Thauvett and others were dispossessed of
their grants. In 1698 Col. Codrington made another grant to
Capt. Thau vet of a plantation formerly belonging to one Andrew
Bodkin in the English part of St. Christophers, Bodkin having
forfeited the same by being in arms and actual rebellion against
his late Majesty, but Martial Law only being at that time in force
in the Leeward Islands Bodkin was not prosecuted nor declar'd
a rebel in due form, so that about 12 or 18 months ago upon a
suit brought by one Blake who marryed Bodkin's daughter and
claim 'd the said Plantation as his heir a verdict or judgment was
obtain 'd at St. Christophers against Capt. Thau vet and Blake
put into possession. We are humbly of opinion that in con-
sideration of those services which procur'd him the first grant as
well as of those perform 'd since he was dispossess 'd of it by the
Treaty of Ryswick and of his being now depriv'd of the second
grant after having made sevl. improvements upon it, that if your
Royal Highness shall be pleas 'd to restore to him his former
plantation in the late French part of St. Christophers it will be a
bounty well bestow 'd and an encouragement for others to
distinguish themselves in the like manner by their zeal for the
Protestant interest and H.M. service in those parts. [C.O. 153,
12. pp. 475-479.]
Dec. 21. 438. Order of H.R.H. the Prince of Wales, Guardian of the
St. James's. Kingdom, in Council. Referring preceding Representation to
the Lords Commissioners of the Treasury for their report. Signed,
Edward Southwell. Endorsed, Reed. 8th, Read 16th Jan., 17{f.
[C.O. 152, 11. No. 42 ; and 153, 12. pp. 485, 486.]
Dec. 21. 439. Order of H.R.H. the Prince of Wales, Guardian of the
St. James's. Kingdom, in Council. Referring following to the Council of
Trade and Plantations for their report, after receiving information
from Mr. George Lewen, etc. Signed, Edward Southwell.
Endorsed, Reed, llth, Read 13th Feb., 17}f. 1 p. Enclosed,
439. i. Ambrose Weston and William Cleeves, Fishing
Admirals at St. Peters, to H.M. Privy Council. Present
their Journal, and complain against M. Gallentry
Toulon, who is a servant to Mme. Offry, alias Bosasure,
of St. Malo, etc. Eepeat case stated Feb. 17, q.v. Thus
encouraged, Gallentre Toulon took freight in the Two
Sisters and Mary, William Le Messurer (=Mesurier),
master, of Guernsey, for goods and 20 servants all
natives of France, and arrived at St. Peters in May, 1716,
where he left 9 the yeare before, and only 2 have taken
the oath of allegiance. Out of compassion for Le
Messurer, a subject of England, whose voyage would be
ruined, we permitted Toulon to fish, on condition that
236 COLONIAL PAPERS.
1716.
if any of H.M. ships of war did arrive, he should appeale
to the Commodore to decide whether he had any right of
fishing at St. Peters. Accordingly at the arrival of
H.M.S. Gibraltar, he did apply to Capt. Falkingham,
who did order us to permit him to carry off his fish,
and also blamed us for suffering him to fish. We
therefore, who never had anything in view but to
preserve the Trade and Fishery of Newfoundland, by
detecting all frauds and collusions used by the French,
did not permit him to ship off the 722 quintals of fish
he had catched in his owne name, but permitted it to
be shipt, in the Gurnsey ship, and took an obligation
from William Le Messurer, the master, to render a true
acct. of the proceeds to H.M. Council. Soon after
Toulon's arrival at St. Peters, their came thither a ship
of St. Malo, bound to Cape Britton, who had sixteen
persons, some of which were fishermen, who were to
be put on shoar at St. Peters, to serve the French that
reside there ; but we would not suffer them to continue
there, upon which they went away threatning to send
the Indians to us for revenge. We also crave leave to
inform yor. Lordps. of the damage that Newfoundland
sustains by the trading of New England sloops amongst
whose cargoes rum, sugar and tobacco occasions the
confusion and debauchery etc. of the fishermen, who
as long as money, credit, or cloths will purchase said
liquors, they will not fail to be without it, by which
means they render themselves not able to do their
masters' business, nor carry the profit of their voyages
to their family s. And above all the Lord's Day, is as it
were, an Universall Day of drunkeness and debauchery,
and becoming spendtrifs, and being in debt, they usually
desert and are carryed away by traders to New England,
insomuch that one of the traders did himself declare
that 700 passengers, did the last year go from Newfound-
land, to New England, to reside and employ themselves
in the fishery there. Pray directions about the fish
shipt on board Capt. Le Messurer, who has been arrested
at Bilboa by a French merchant there claiming it, etc.
Signed, Ambrose Weston, Wm. Cleeves. Copy. 6 pp.
439. ii. The Widow Oufroy (als. du Burre, etc.] to William
Cleeves. I shall be charmed to treat with you for
the sale of my plantation at St. Peters, as soon as M.
Le Gallantry that I have sent this year into that
countrey shall return and hath given me an inven-
tory, etc. Signed, The Widow Oufroy. Copy, f p.
439. iii. Duplicate of No. 47 iii.
439. iv. Duplicate of No. 47 i.
439. v. Report of the Fishing Admirals upon the case of
Gallantrie Toulon, and his undertaking to appeal to a
man of war, etc. as described supra. St. Peter's, May 26,
1716. Signed, Ambrose Weston, Admiral, Wm. Cleeves,
AMERICA AND WEST INDIES. 237
1716.
Vice-Admiral, Richd. Boore, Vice- Admiral, and Tulon.
Copy. 2 1 pp.
439. vi. Commodore Falkingham to the Fishing Admirals of
St. Peter's. Directions etc. concerning M. Toulon's
catch of fish, ut supra. Gibraltar at Placentia, 8th Aug.,
1716. Signed,, Edward Falkingham. Copy. 1 p.
439. vii. Order of the Fishing Admirals of St. Peters to Capt.
Wm. Le Mesurer to ship the fish caught by M. Toulon
and report the proceeds to the Privy Council. St. Peters,
8th Sept., 1716. Signed, Weston and Cleeves. Copy.
\p.
439. viii. Capt. Le Mesurier's acceptance of preceding instruc-
tions. St. Peters, 8th Sept., 1716. Signed, Le Mesurier.
Copy. \ p.
439. ix. Capt. Le Mesurier to Ambrose Weston and William
Cleeves. Requests them to represent his case to the
Privy Council, he having been thrown into prison at
Bilboa at the instance of a French merchant representing
M. Toulon on account of the 720 quintals of fish, etc.
Bilboe, 27th Oct., 1716. Signed,, Wm. Le Mesurier.
Subscribed, Abram. Lordell, who forwards preceding
by George Lewen, etc. Copy. 2f pp. [C.O. 194, 6.
Nos. 19, 19 i.-ix. ; and (Order of Council and enclosure
i. only) 195, 6. pp. 294-302.]
Dec. 25. 440. Petty expenses of the Board of Trade, stationery,
postage, etc. from Michaelmas to Christmas, 1716. 4pp. [C.O.
388, 77. Nos. 23, 25, 27.]
[1716-1719.] 441. Naval Officer's list of ships entered and cleared Charles-
town, South Carolina. [C.O. 5, 508.]
[1716.] 442. Petition of John Kupius to Mr. Secretary Stanhope.
Refers to his petition of May, 1715, for a grant of the escheated
plantation of Anna Wilhelmina Kupius in Jamaica. One Edward
Nichols obtained that grant 30th April, 1715. Petitioner prays
to be permitted to pay Nichols the evaluation of the plantation,
1456 Jamaica money for the grant thereof. No date. 1 p.
[C.O. 137, 46. No. 9.J
[1716.] 443. List of Reports from the Board of Trade relating to
Newfoundland and Nova Scotia, 1714-1716. 3f pp. [C.O.
5, 4. No. 15.]
[? 1716.] 444. Petition of [ ] to [? Lord Guilford]. The Catholics
of Maryland are threatened with persecution contrary to the
liberty granted by the charter. Two acts have been passed
which will entirely ruin them. One excludes them from election
to the Magistracy or Assembly, though they are the richest and
most considerable merchants in the country. The other forbids
all exercise of the Catholic religion on pain of perpetual imprison-
ment for the priests, though they have never given cause for
238 COLONIAL PAPERS.
[? 1716.]
complaint. The charges brought against them are very ill
founded (i) That there are 40 priests in the country, when there
are only 12, ten Jesuits, a secular priest and a Franciscan monk,
(ii) That six priests were sent there last year, when there was only
one. The real reason for this persecution is that the Catholics
have always recognised Lord Baltimore as Governor of the country
in accordance with the grant of King Charles, but there are some
who wish to deprive him of this inheritance, and cannot do it
without first destroying the Catholics, who are and always will
be opposed to doing so. If these two acts are repealed, the blow
will be averted etc. Lord Guilford, guardian of Lord Baltimore,
alone can do it. Prays that this may be done. Without signature,
date or endorsement. French. 2| pp. [C.O. 5, 721. . No. 17.]
[1716.] 445. [? Same to Same]. Gives history of Proprietorship of
Maryland. Continues : The Proprietor has the power to
confirm or annul all laws passed by the Assembly. They are not
submitted to the Privy Council like those of Colonies governed by
Commission from the King. But if the laws made and confirmed
are not conformable to the laws of England, the Privy Council
can annul them. Laws passed by the Assembly are in force
until they are rejected by the Proprietor etc. This is why the
King cannot interfere in these matters, unless the laws made in
Maryland are repugnant to the laws of England etc. Without
date, signature or endorsement. Copy. French. 2 pp., with
p. fragment of original. [C.O. 5, 721. Nos. 18, 18 a.]
1717.
1717.
Jan. 3. 446. Mr. Secretary Methuen to the Council of Trade and
Whitehall. Plantations. Encloses following for their report, etc. Signed,
P. Methuen. Endorsed, Reed. 8th, Read 9th Jan., 17^f. 1 p.
Enclosed,
446. i. Petition of Francis Melmoth, of London, merchant,
to H.R.H. the Prince of Wales, Guardian of the Realm
etc., on behalf of James Knight, Receiver General of
Jamaica. Dec. 22, 1716. By an Act of Jamaica, 1712,
for raising an Additional Duty, Anthony Major was
appointed Commissioner to collect the money arising.
By order of the Governor and Council, John Major, his
executor, paid 3729 8s. 5d., part of that money, and
4607 8s. 3d. more of outstanding debts to the Receiver
General, who gave H.M. account current credit for the
said money, and paid it out in pursuance of warrants
for that purpose given out by the Governor with the
advice and consent of the Council, for the substance of
the soldiers and discharging the publick debts. Yet the
Assembly lately called by Governor Heywood have
inserted a clause in an additional duty bill (which it is
AMERICA AND WEST INDIES.
239
Jan. 4.
Whitehall.
Jan. 4.
St. James's.
Jan. 9.
Whitehall.
1717.
apprehended is already pass'd into a law) that he pay
the same into the hands of John Chaplin. He will
thus be forc'd to pay over again out of his own pocket
mony which has been regularly issu'd etc. Prays that
immediate directions may be sent to Jamaica to stay all
proceedings against him, etc. Signed, Francis Melmoth.
4pp. [C.O. 137, 12. Nos. 19, 19 i. ; and 138, 15. pp.
61-66.]
447. W. Popple to Wm. Lowndes. Encloses following.
447. i. Draught of a bond for Robert Johnson, Depty. Governor
of S. Carolina (v. 6th Dec., 1716). Andrew Broughton and
William Bonner sureties in 2000. [C.O. 5, 1293. pp.
58-62.]
448. Warrant of Prince of Wales, Guardian of the Kingdom,
granting leave of absence for two years to Francis Coleman, Clerk
of the Crown in Jamaica. Countersigned, P. Methuen. Copy.
[C.O. 5, 190. pp. 376, 377.]
449. Council of Trade and Plantations to Peter Heywood,
Commander in Chief of Jamaica. We have received and had
under our consideration your letters etc. of llth Aug., 18th Sept.
and 10th Oct. last ; But find no Minutes of Council between 16th
May and 25th July, 1716 ; This we are the more surpriz'd at,
because in your letter of llth Aug., you refer us to a Minute of
the 9th of June, and in your letter of 10th Oct., you say that you
send the Minutes of Council to the going away of Lord Archibald
Hamilton, Sept. 21st, etc. We desire therefore you will send
us by the first opportunity the Minutes that are wanting, and to
prevent any such omission for the future, a mark ought to be
made in the Council Books of the time to which the Minutes have
been transmitted to us, if this or some such method be not already
observ'd. [C.O. 138, 15. pp. 175, 176.]
450. Same to Mr. Secretary Methuen. Reply to Jan. 3rd.
We find the allegations of Mr. Melmoth 's petition made out ;
and we humbly conceive it wou'd be a great injustice to the
Deputy Receiver of Jamaica, who has regularly issued the money
for the service and support of the Government pursuant to H.M.
Commission and Instructions to the Governor, if the Additional
Duty Bill shou'd pass with the clause mention'd. We are there-
fore humbly of opinion that H.R.H. be pleas'd to send such
orders as may effectually put a stop to any proceedings against
the sd. Receiver upon this account. [C.O. 138, 15. pp. 179, 180.]
[Jan. 11.] 451. (a) Account of money issued by James Knight, Deputy
Receiver General of Jamaica, 14th Feb. -17th July, 1716. En-
dorsed, Reed, (from Mr. Melmoth), Read llth Jan., 17{f. 1 p.
(b) Copy of letter from James Knight to Lord A. Hamilton.
Kingston in Jamaica, Oct. 9, 1716. Complains of the intention
of the Assembly to oblige him to pay 3729 8s. 5d, etc. Signed,
Jan. 11.
Whitehall.
240 COLONIAL PAPERS.
1717.
James Knight. Endorsed, Reed. Read llth Jan., 17^f. 2| pp.
(c) Extract of letter from Mr. Knight to William Broderick,
Jamaica, Oct. 9, 1716. As preceding. Same endorsement. 1 p.
(d) Extract of letter from Mr. Knight to Mr. Melmoth. As
preceding. Same date and endorsement. 1 p.
(e) Extract of letter from Mr. Bernard, Chief Justice of Jamaica,
to Nicholas Lawes. Spanish Town in Jamaica, 6th Oct., 1716.
Notwithstanding Mr. Heywood is by a particular Instruction
limited to the power of the President of the Council and forbid
to pass any laws but what are immediately necessary for the peace
and wellfare of the Island without the King's express pleasure
for that purpose signify'd ; yet he has told the Assembly in his
speech that he will pass whatever laws they think proper to send
to him, and accordingly they have brought in all the bills that
were rejected last Assembly ; some of which are directly contrary
to his other Instructions, and likewise a bill to prevent one person
holding two offices which has been once already rejected by the
Crown, etc., as preceding. Same endorsement. 1| pp.
(f ) Extract of letter from Thomas Wood to William Wood.
Kingston (Jama.) 15th Oct., 1716. Mr. Knight is to be obliged
to repay the money received from Major, etc. The Governor
is to have everything crammed down his throat, and rather than
he'll disoblige them, he will pass any Act they make. Same
endorsement. I p. [(7.0. 137, 12. Nos. 24-29.]
Jan. 16. 452. Lt. Governor Spotswood to Mr. Popple. Abstract.
Virginia. Encloses following in reply to 1st May, 1716. Has suffered
much from secret and malicious attacks upon his private and
public character. Repeats July llth, 1716. Has heard that
people in London are spreading reports that there are " great
dissatisfactions between me and the people of the country."
Lest this should be insinuated to the Board, encloses address
" from as considerable a Grand Jury as any I have known in
this country." Printed, Va. Hist. Soc. Coll., Spotswood Papers,
II. 187. Signed, A. Spotswood. Endorsed, Reed, llth March,
Read 23rd Aug., 1717. 2| pp. Enclosed,
452. i. Answer of Lt. Governor Spotswood to the anonymous
queries etc. May 1st, 1716. Abstract, (i) Challenges
author to give a single instance of his having authorised
officers of the Customs to extort illegal fees. Has, on the
contrary, often foregone his undoubted dues, for the
encouragement of trade or the relief of unfortunate
masters. Instances the reducing of his fee with respect
to small vessels, and the remitting to Mr. Byrd, his third
part of his vessel condemned for illegal trade, etc. (ii)
Does not know of any foreigner even in the inferior
Courts who acts by his appointment either as Judge or
Ministerial Officer etc. (iii) There is no fort within
60 miles of James River. There is a fortress with 5
bastions built on the Meherin River and a settlement
fortifyed with a blockhouse and pallisade on the Rappi-
danne, both designed as places of rendezvous, the one
AMERICA AND WEST INDIES. 241
1717.
to oppose incursions of the Northern, the other of the
Southern Indians. The expence of building and main-
taining these fortifyed places, and of guarding the whole
frontiers for the last three years, has been by his frugal
contrivance defrayed by little more than the sum which
the Assembly had usually given for one year's defence of
the Country. While the Colony was guarded by its old
method of Rangers, it was continually allarmed on all
quarters, and frequent murders and hostilitys were
committed, so that in 1713 above 20 persons were killed
and carryed off by the Indians ; but ever since he was
empowered by an Act of Assembly to take such measures
as he should judge most effectuall for securing the
frontiers, the outward inhabitants have not been dis-
turbed with one single alarm. To attain to a perfect
knowledge of the frontiers, he took a range from north
to south without all the inhabitants and lay out 40 days
together in the woods etc. Refers to appreciative
address of the House of Burgesses, 1714, and his
endeavours at Christianizing the Indians, an undertaking
hitherto too much neglected. For this purpose he
engaged the Tributary Indians to send some of their
children, in lieu of tribute, to be bred up at the College
at Williamsburgh, and prevailed upon several Nations
to enter into Treatys, whereby they agree that all
their children shall be taught English and educated in
the principles of the Christian Religion, whenever we
shall establish Ministers and schoolmasters at their
towns. " In pursuance of this design I began two years
ago to fix a master at Christanna, paying him out of my
own pocket 50 per annum, and perceiving that my
presence as Governor greatly influences the Indians,
towards bringing their children to school, I frequently
resort thither. This is the grand interest I have at
Christanna," etc. As to the other settlement, Germanna,
there are about 40 Germans, who having quitted their
native country upon the invitation of the Heer Graffen-
reidt, and being grievously disappointed by his failing
to perform his engagements to them, and they also
arriving just at a time when the Tuscaruro Indians
departed from the treaty they had made to settle upon
the northern frontiers, he, in compassion to those poor
strangers, and regard to the security of the country,
placed them upon a piece of land several miles without
the inhabitants, where he built them habitations and
subsisted them until they were able by their own labour
to provide for themselves. The allegation of his trading
is false, etc. (iv) The treaties with the Sapony, Nottoway
and Tuscaruro Indians were partly calculated to answer
a design of this Government, of placing them in three
settlements upon the frontiers, as a securer and cheaper
barrier against the incursions of foreign Indians than
Wt. 26355. C.P. 16.
242 COLONIAL PAPERS.
1717.
eleven troops of Rangers then kept in pay. The Saponys
willingly removed to the fort which he had built for
their protection 25 miles without all the inhabitants,
which he garrisoned with 12 white men and an officer,
who were to range two or three at a time with 10 or
12 Indians. Here also was a tract of land six miles
square surveyed and set apart from the Indians and
garrison. This was what the Government intended
at every one of the three proposed settlements. But the
Tuscaruros and Nottoways not standing to the treaty,
the former returned to Carolina, and the others continue
upon their old land. The Querist would be hooted out
of their town if he offered to shew his face there to the
assertion that force was used to remove the Saponys
or that the Governor had made a purchase of their lands.
The taking away Englishmen's patented lands is
another imaginary grievance. Whoever is acquainted
with the Constitution of Virginia and the just protection
of the law which the meanest subject there enjoys, will not
believe that any man in the Colony will remain silent
and patiently suffer a Governor to wrong and dispossess
him of his property. As to the selling the lands which
the Saponies had quitted, etc., this was done in accord-
ance with the fifth Article of those Indians' Treaty.
Nothing was received but what was faithfully expended
in carrying on their new settlement etc. (v) The
petition of the Nottoway Indians, was penn'd by a very
turbulent and seditious person, who turned their humble
suit for one thing into a clamorous grievance upon
another, as they themselves declared, when they
understood what it contained etc. Refers to Minutes of
Council 10th Aug., 1715. This petition was brought
into the House of Burgesses, without any communication
to the Governor and Council, contrary to the rule in
dealing with Indian affairs etc. The Indians were
committed for their obstinate refusal to deliver hostages
for their fidelity as by their Treaty they were obliged
to do, and for such an insolent behaviour as was never
before seen at the Council Board, and which strangely
startled the Governor and Council to behold all of a
sudden in those Tributarys etc. The same methods
have frequently been taken by the Governors here when
the Indians have misbehaved themselves, and have
been found the best means of bringing those savages
to reason. Besides it was judged of pernicious conse-
quence for the Indians to be possess 'd with a notion of
the Governor and Council being subordinate to the
House of Burgesses, like as two or three little buzie
fellows living in their neighbourhood had endeavoured
to infuse into their heads, persuading the Nottoways
that by the influence they had in that House, the Indian
affairs should be otherwise ordered, in spite of the
AMERICA AND WEST INDIES. 243
1717.
Governor and Council : so that their correction was
contriv'd more to root out of their heads a dangerous
notion, than to inflict on their bodies any severe
punishment ; for all that was done to them, was a
light iron shackle put upon each of them for two or
three days, without confining them, but letting them walk
with the same about the town where the Burgesses
were then met in Assembly ; and tho' the Chief person
of the Indian Nations is distinguished among themselves
by the title of King, yet every one knows that those
Kings are of no great consideration among the English,
nor of much authority among their own people ; and
as to the Nottoway Nation in particular, there is not so
great distinction between their King and the people,
as there is between a Corporal and the private centinels
of a company in regular troops. The Querist would
brand him with the murther of the said Nottoway King,
who is still alive and in as good health as he was when
put in irons, etc. (vi) Does not doubt to stand acquitted
when his adversary instances names etc. (vii) " I have
been endeavouring for some years past to have all the
laws of the Colony to be brought to light, and have
lately transmitted home a compleat collection thereof,
in order to be printed and published for the better
information of all our Justices here, who are too apt to
suppose laws that never were in being, and to neglect
the execution of others that are actually in force : nor
can I wonder to find them frequently guilty of such
errors, when I know they have not the opportunity of
perusing all the Acts of Assembly, seeing there has not
been one entire body of them in the possession of any
man, or in any office within the Government. If then,
in so material a concern, as that of levying money upon
the subject, I gave the Justices to understand there was
no law empowering or directing them to lay a poll-tax
for payment of the Burgesses, yet I publish'd nothing
untill I had the opinion both of H.M. Attorney General
and of all the eminent lawyers in this country," etc.
Refers to letter of 24th Oct., 1715, etc. (viii) " I readily
acknowledge that I countenanced the prosecution of a
woman for the whipping her slave to death etc. : for how
unpopular soever the doctrine may be in this country,
I still dare to stand to my charge given to a Grand Jury
here, vizt., that in this Dominion no master has such a
sovereign power over his slave, as not to be lyable to
be called to account whenever he kills him ; that at
the same time the slave is the master's property, he is
likewise the King's subject ; and that the King may
lawfully bring to tryal all persons here, who shall be
suspected to have destroyed the life of his subject etc.
By the 1 16th Article of my Instructions, H.M. commands
me to endeavour to get a law passed, whereby the wilf till
244 COLONIAL PAPERS.
killing of Indians and negroes may be punished with
death" etc. Refers to enclosure iv. etc. (ix) A heap of
mistakes. The Assembly of 1715 was called together
on account of the Indian war in Carolina etc. None of
the Rangers were employed to keep guard in Christanna
etc. (x) " The experience I had in the Tuscaruro war
how much the Indians may be overaw'd by the very
show of a considerable body of forces, gave me all
imaginable reason to hope that my appearing on the
frontiers at the head of a body of armed men, would
have the like effect on those then in war with South
Carolina, and who had intimated to me their desire of
re-establishing a peace. This I proposed, (refers to
speech to the Assembly], but named no sum of money for
defraying the expences. Had the Assembly yielded
then to my measures, the peace between the Indians
and South Carolina had been sooner concluded, and the
Colony of Virginia might, with a far less expence than
2000, have acquired so great a reputation among the
savages, as would have secured its frontiers for many
years against their incursions." Refers to Minutes of
Council, to show that the negotiations began with the
Indians. Continues : As to my being the head, and
having stock in the Indian Company, that Society
made me the compliment of choosing me their Governor,
and I in return adventured 100 in their stock : and this
I presumed could be no crime, since I coppyed after so
great a pattern as H.R.H., who (if our publick prints
be true) acted the same with the South Sea Company.
But as to my having the greatest stock in the name of
Katherine Russell, I deny the assertion to be true,
(xi) The scheme I laid before the Assembly (see No. vi.)
for regulating the militia was in reply to their address
desiring me to propose a method by which the Militia
might be rendred more usefull etc. I hope your Lordps.
will approve the same, and not judge that I have endea-
voured to destroy a profitable people, by desiring them
to imitate the justice and policy of their Mother Country ;
where no such unequal burden is laid upon the poor, as
that of defending the estates of the rich, while these
contribute nothing themselves. For according to the
present constitution of the Militia here, no man of an
estate is under any obligation to muster, and even the
servants and overseers of the rich are likewise exempted :
the whole burthen lyes upon the poorer sort of people
who are to subsist by their labour ; these are finable
if they don't provide themselves with arms, ammunition
and accoutrements, and appear at musters five times in
a year ; but an officer may appear without arms, or
he may absent himself from duty as often as he pleases,
without being lyable to any fine at all ; nay, and if it
be his interest to ingratiate himself with his men, he
AMERICA AND WEST INDIES. 245
1717.
will not command them out ; and then the soldier not
being summoned to march, is not lyable to be fined etc.
There is not one officer that knows how to exercise his
men when he calls them together. I could not imagine
that my endeavouring a reformation thereof, would be
imputed to me as a crime, etc., etc. By my scheme
persons of estate must have contributed to the arming
and paying of the men who were to be train'd up for the
defence of their estates ; and I cannot but pity the
simplicity of the vulgar here, who at every offer of a
Governor to make their Militia usefull, are set on to
cry against him, as if he was aiming to introduce a
standing army, arbitrary power, burthensome taxes
etc. And as for their abettors, who choose rather to
risque their whole country, than to be brought to clubb
for its defence, I wish they or their posterity may not
have cause to repent of their present folly, when an
enemy shall happen to be at their doors : for tho I will
allow the Virginians to be capable of being made as good
a Militia as any in the world, yet I do take 'em to be at
this time the worst in the King's Dominions, and do think
it's not in the power of a Governor to make them
serviceable under the present constitution of their law
etc. It is evident from my message to the House of
Burgesses, that I left it to them to adapt my scheme to
the circumstances of the country, (xii) No J.P. has
been removed, but in Council and with the entire
concurrence of the Board. And as to Military officers,
I never granted a Commission to superseed another,
but upon death or resignation ; except once in Col.
Byrd's Lieutenancy, who writing me word that the old
Militia officers under his command desired their quietus,
sent me a list of new ones, and I then being a stranger
to the principles of that gentleman, trusted to his
information, and accordingly signed Commissions : which
I confess caused great dissatisfaction in that part of the
country, untill I repaired thither in person, and pacifyed
the gentlemen there by producing their Colonel's letter ;
and shewing thereby how I had been deceived and
they misrepresented, (xiii) One Justice was turn'd
out for acting contrary to law and to his oath, by being
of council in causes wherein he sat as a judge etc. (xiv)
I formed the plan of that part of the Act for preventing
frauds in tobacco payments, and it is with much satis-
faction that I have found it has succeeded according to
my intentions, in advancing the price of tobacco, raising
the value of the quit-rents and of all publick payments,
and establishing such a standard of justice, that no
man has yet had the face to condemn any part of it
which I projected : but it is true that some other
clauses were added to it by those who now clamour
most against the whole. Extraordinary pains were
246 COLONIAL PAPERS.
1717.
taken to procure grievances against it, but not ton men
of any figure in the country would join in them. What
all considering men desired, was not the repeal but
amendment of the law ; and this I was so far from
opposing that I assisted the Council in framing a bill
wherein all the hardships, which had been complained
of either by the merchants in England or the planters
here, were removed ; but the House of Burgesses threw
it out upon the first reading, which shews that there
was not so much ground for the great clamour made
against that law, since the Representatives of the people
did not think fitt to amend any part of it when they
had it in their power, etc. The law is not a loss to H.M.
revenue in generall, for it restrains the exportation of
no other tobacco than what would in all likelyhood
be burnt at the Custome House, (xv) Except the lands
in dispute between this Government and North Carolina,
(on which no person is allow'd to seat untill the deter-
mination of that controversy), I know of no restraint
upon any of H.M. subjects from taking up land in any
part, but it is true that some time after my arrival here,
observing many undue practices in relation to the
unpatented lands (among which was one great abuses
of some persons entring for vast tracts, containing much
more land than they were able to cultivate according to
the Royal Instructions, and holding them by the conniv-
ance of the Surveyors for many years, without either
offering to sue out patents or sometimes even so much
as to survey the same ; so that for want of patents
I found the Crown must loose its quitt-rents, and for
want of bounds the people must a long time be debarr'd
from the adjacent lands) I therefore judg'd it best,
and had the Council's concurrence, that the Surveyors
should no longer have liberty to admit, solely of them-
selves, these excessive large entrys ; but that for all
tracts exceeding 400 acres, leave should be first obtained
from the Governor in Council to enter for the same etc.
No man has been denyed the liberty of taking up as much
land as he could reasonably be suppos'd of ability to
cultivate etc. Instead of 12,000 acres which the
Querist says were taken up, to my own use, in the name
of William Robertson, and leased to the Germans, the
whole quantity surveyed at the time of composing his
queries, amounted to no more than 1287 acres. And tho
by the Patent for that tract, whereon the Germans are
seated it will appear to contain 3429 acres, yet what is
added to the first survey is part of a tract taken up by
one Mr. Beverley, and voluntarily yielded by him for
the conveniency of that settlement. And as I don't
know that H.M. has in any of his Instructions restrained
a Governor from taking up land to his own use, as well
as any other of his subjects, so I hope it will not be
AMERICA AND WEST INDIES. 247
1717.
accounted any breach of my duty if for the security
of that part of the frontiers, and for the settlement
of a number of indigent people, I have been at the
expence of surveying and purchasing rights and patenting
a tract of land to which no other person had any preten-
sions. But because the entring for this 1287 acres in
a borrowed name, may carry with it some colour of
fraud, I beg leave to inform your Lordps. that patents
for land being sign'd by the Governor, it would be
improper for him to grant a patent for himself ; and
therefore it is necessary to make use of another person's
name in the original grant, and such has been the
constant practice of former Governors, whenever they
had a mind to take up land for themselves. When the
Germans arrived, they had not wherewithal to subsist.
Besides the expence of 150 for their transportation,
they are still indebted for near two years charge of
subsisting them. I cannot therefore imagine myself
guilty of any oppression, by placing them as tennants
upon my own land, when if I had pursued the common
methods of the country, and taken the advantage of the
law here, instead of being tenants, they might have been
my servants for five years. Nor are the Germans
unsensible of the favour I have done them etc. The
terms, upon which the Germans are settled, will not
appear very like oppression, seeing they have lived for
two years upon this land without paying any rent at
all, and that all which is demanded of them for the
future, is no more than 12 days work a year for each
household ; which is not so much as the rent of their
houses, without any land, would have cost in any other
part of the country etc. I hope your Lordships will
be of opinion, that niy taking up land, and building
houses for people who were not able to take it up or
build for themselves ; my advancing money for their
transportation and subsistance, when they must have
been sold (according to the custom of this country) into
servitude or have famish'd ; and my allowing them to
live at such easy rents, is far from what the Querist
would here charge me with. I shah 1 very readily yield
him up the profits I have made by those people, provided
he reimburses me what I have expended on their account
etc. In reply to paper signed W.R. refers to the Council's
Message to the Burgesses 1715. I have voluntarily gone
through more labours and hazards for the publick, than
any man in the Government ; and particularly at once
when the frontiers were most infested by the Indians,
I went into severall countys, drew out the Militia and
offered to march out myself at the head of but 200
men ; yet could not engage such a small number of
voluntiers, even upon great pay, to follow me, notwith-
standing their wives, their children and all they had
248 COLONIAL PAPERS.
1717.
lay then at stake ; and even tho' I called to some whoso
father's blood had been newly spilt by those savages,
etc. With respect to one heavy charge and very unjust
calumny, vizt. that my whole study is to enrich myself
at the publick charge, I bid defiance to all mankind
to produce a single instance of my accepting any sort of
gratification for any place or office in my disposal, though
privately pressed to do so etc., or of taking any fee, but
what has been look'd upon as the undoubted right of my
predecessors. Refers to the lavish style in which he has
kept up the honour and dignity of the Government and
celebrated H.M. birthday, and to the Assembly's confi-
dence in him as shewn by their entrusting the publick
moneys to his management etc. Signed, A. Spotswood.
Endorsed as preceding. 18% pp. Enclosed,
452. ii. Deposition of Charles Griffin. Jan. 4, 1716 (17).
In Jan., 1714, he was engaged by the Governor to educate
the Indian children at Christanna. The Saponie Indians
express much satisfaction with their present habitation
and thankfulness to the Governor for placing them so
conveniently etc. The Governor presented each of.
their Great Men with a cow and a calf, but deponent
never heard that this was other than a bounty, or
that it was in consideration for quitting their land.
Signed, Cha. Griffin. Same endorsement. 1 p.
452. iii. Copy of Lt. Governor Spotswood's Circular letter to
the Council of Virginia. Williamsburgh, Sept. 27th,
1715. Warns them that he proposes to consult them as
to the powers of the Justices to lay a levy for the Bur-
gesses, in order that the Justices may be saved from
exceeding their duty, " the extraordinary proceedings
of the late House of Burgesses against Justices, for
their refuseing to certify certain grievances, having
awakened these gentlemen to a more than ordinary
circumspection as to the sphere they are to move in.
They justly hesitate at assuming of themselves, a legis-
lative power in imposing taxes, after seeing an House so
violent to punish them for acting above the degree of
Ministerial officers," etc. Same endorsement. Copy. 1
P-
452. iv. Report by the Attorney General of Virginia upon the
trial of Frances Wilson for whipping her slave to death.
Mrs. Wilson was brought to trial by the Governor's
command, upon information laid by me. At the trial
it was urged on her behalf that by the law of Virginia
she ought not to be molested for the killing of the sd.
slave. The Court gave judgment that she ought to
be tried. The jury brought in a verdict of Not Guilty.
Since Col. Spotswood had the Government, no person
lawfully accused of any capital crime has not undergone
a legal trial etc. Williamsburgh, Dec. 20th, 1716.
Signed, John Clayton. Same endorsement. 3 pp.
AMERICA ANt) WEST INDIES.
249
1717.
Jan. 17.
Whitehall.
Jan. 24.
Whitehall.
v. Inquisition upon the body of Rose, a negro woman.
Nov. 20, 1713. We find that by hard useage she is
come to her deth, we finding no mortall wounds but only
stripes, etc. Signed, Andr. Woodley, Coroner ; Fran.
Lee, John Bidgood, junr., John Harrison, Nicholas
Miller, Edward Miller, John Miller, John Fineash (his
mark), Richard Bell (mark), John Harris (mark), John
Bedgood (mark), Thomas Wren (mark), Richd. Wren
(mark). Copy. 1 p.
452. vi. True bill presented by the Grand Jury against Frances
Wilson for the murder of her negro woman, Rose, by
giving her 40 mortal strokes upon the back part of her
body, according to the evidence of Mary Lupo. Copy.
I p.
452. vii. Account of payments to Rangers, 1715, 1716, =
245,279^1b. tobacco. Same endorsement. 2^ pp.
452. viii. Lt. Governor Spotswood's proposals to the Assembly
for a new regulation of the Militia. Aug. 12, 1715.
Same endorsement. 2 pp.
452. ix. Address of the Grand Jury of Virginia to Lt. Governor
Spotswood, praising his just and prudent administration
and praying him to take his place on the General Court
Bench. Oct., 1716. Signed, Thos. Nelson, foreman,
J. Pratt, Jer. Clowder, W. Dandridge, John Story,
Richard Sayer, Franc. Lightfoot, Augn. Moor, Wil.
Robinson, David Bray, Reubn. Welch, Cha. Chiswell,
Miles Gary, Tho. Jones, John Armistead, Wm. Mcclena-
han. Same endorsement. Copy. 1 p. [C.O. 5, 1318.
Nos. 21, 21 i.-ix. ; and (without enclosures), 5, 1364.
pp. 500-505.]
453. Council of Trade and Plantations to Mr. Secretary
Methuen. Enclose copies of letter and affidavits received from
Carolina (? from Thomas Walker, v. Aug., 1716) relating to the
settlement some pirates are making upon the Island of Provi-
dence. Continue : We think the matters therein of such
importance to the welfare of our trade and Colonies in those parts
yt. we must remind you of our several letters and reports upon
this subject and particularly of those of 13th Sept. and 8th Dec.
last that you may receive H.R.H. pleasure thereupon. Autograph
signatures. 1 p. Enclosed,
453. i.-iii. Copies of affidavits referred to above. [C.O. 5, 382.
Nos. 18, 18 i.-iii. ; and (without enclosures) 5, 1293. pp.
68, 69.]
454. Circular letter from Mr. Secretary Methuen to the several
Governors of Plantations, to William Keith, Depty. Governor of
Pensilvania, and to the Governor and Company of Connecticut,
and of Rhode Island. The King arrived here on Saturday the
19th inst. in perfect health to the great joy and satisfaction of
his subjects, and H.M. having been pleased to command me to
continue in my present employmt. has at the same time thought
250
COLONIAL PAPERS.
17i7.
fit to order that the Foreign Affairs in the Northern Province
should be under the direction of Mr. Secry. Stanhope, and that
those of the Southern Province should be under my care. This I
thought proper to give you notice of, that you may for the future
address to me what you shall from time to time have to offer for
H.M. service, and I doubt not of your diligence to inform me of
all occurrences that may be usefull, and fit to be laid before H.M.,
and on my part I shall be ready on all occasions to show you how
truly I am, Sr., yor. most humble and obedient servt. Signed, P.
Methuen. [C.O. 324, 33. pp. 66-68.]
Jan. 24. 455. Mr. Secretary Methuen to the Lords Proprietors of
Whitehall. Carolina. Same as preceding, with the omission in the last
paragraph of the words and I doubt not .... laid before H.M.
[C.O. 324, 33. p. 69.]
Jan. 26. 456. Governor and Council of Carolina to the Lords
Carolina. Proprietors. We take the liberty once more to address your
Lordships upon a very melancholy occasion, which is the deplor-
able state of your Province etc. To be silent at such a time wou'd
not only argue remissness but the greatest stupidity etc. We
are defending ourselves, with a handful of men, against numerous
and potent Nations, and we have no allies of any importance but
the Cherikees, whose Kings and head warriors are now with us.
The charge we are at to maintain them, and the demands they
make are so unreasonable, that we may properly say, we are
become their tributaries. We buy their friendship at too dear
a rate, if the wellfare of the Colony did not depend on the same.
But my Lords to defend ourselves, and pay this annual tribute
is a tax this country cannot long bear ; 50,000 a year is a
burthen we must sink under ; and tho the pressure be born some
little time, yet without speedy succours of men, many of our
inhabitants will rather chose to leave their houses and land (as
several of them have already done notwithstanding the most
severe laws made to prevent it) and carry off their slaves, and such
other convenient moveables than endure a lingring war and
an insupportable tax. These are plain but necessary truths,
such as your Lordships ought to know. The Province is now at
its crisis, and upon your Lordps. sending of us relief, or soliciting
H.M. on our behalf, depends the fate of this once flourishing
Colony, which otherwise will be deserted and forsaken. Signed,
Thomas Smith, Nich. Trott, Fran. Yonge, Robt. Daniell, Saml.
Eveleigh, Ch. Hart. Endorsed, Reed, (from Mr. Boon and Mr.
Beresford), Read 10th May, 1717. 2pp. [C.O. 5, 1265. No. 63.]
Jan. 29. 457. Mr. Secretary Methuen to the Council of Trade and
Whitehall. Plantations. You are to transmit to me in order to be laid before
H.M. an account of the quantitys of Naval Stores which are
furnished by H.M. Plantations in America, together with your
Lops.' opinion, what encouragements may be proper to be given
in order to procure greater quantitys of such Naval Stores from
AMERICA AND WE&T INDIES. 251
1717.
those Colonys. Signed, P. Motlmen. Endorsed, Reed. 30tli,
Read 31st Jan., 17{f. f p. [C.O. 323, 7. No. 70; and 324,
10. p. 97.]
Jan. 31. 458. Certificate from the Deputy Remembrancer that Robert
Johnson has given security etc. Signed, J. Hardenge. Endorsed,
Reed. 2nd, Read 4th Feb., 17}f. -} p. [C.O. 5, 1265. No. 53.]
Feb. 2. 459. An account of rozin and turpentine imported from the
Custom House, plantations 1707-1715. Endorsed, Reed. Read 4th Feb., 17{f.
' 1 large p. [C.O. 388, 18. No. 105.]
Feb. 2. 460. An account of pitch, tar, masts and yards, etc., imported
Custom House, from the Plantations, Christmas, 1714-15. Endorsed as preceding.
1 large p. [C.O. 388, 18. No. 107.]
Feb. 6. 461 . Mr. Burt to the Secretaries to Mr. Secretary Methuen.
Admty. Office. Encloses following*. Signed, E. Burt. Endorsed, Reed. 20th
Feb., Primer'd 6th June, 1717. -|- p. Enclosed,
461. i. Navy Board to Mr. Secry. Burchett. 1st Feb., 1716.
Enclose following. Continue : As the quantities of
tar and pitch [imported from the Plantations] are very
inconsiderable in respect of the expence of the Navy,
so no hemp or other naval stores have been imported
from the Plantations (that we have heard of) except
masts and turpentine, the latter is not used in the Navy,
and the former (especially great masts) have always
been imported from New England by one, two, three
or four ladings a year, as the service hath call'd for them.
But little tar, till of late hath come from the Plantations,
and what does come, is not esteem'd fit to be us'd in
making cordage (wherein consists the greatest con-
sumption of that commodity) being found to be of too
hot a nature for that use, but that fault might be mended,
if the people of that country wou'd use the same
methods in making it, as are practis'd in the East
Countrys. And tho' no hemp (as we can learn) has
come from the Plantations, notwithstanding the
prcemium allow'd by the Act, y^t it is humbly presum'd
those countrys (especially Virginia which is reputed
to be a very fertile and well water'd country) are
capable of producing that commodity. But whether
any, or what further encouragemt. may be proper to
be given for increasing of Naval Stores in the Plantations
and the importation of them hither, over and above the
prcemiums already granted by Act of Parliamt., we
are not capable of judging. Hitherto the prcemiums
have been a great clogg unto the Navy, for as much as
the charge thereof will (as it is believ'd) when a collection
shall be made of it, (which is in hand), amount to
upwards of 80,000, for which no money hath been
given or any advantage accrued to the Navy. For no
252 COLONIAL PAPERS.
1717.
heinp comes, which is the principall specie wanted, of
tar (which is the next) but little, till of late etc. ; of
turpentine and pitch indeed considerable quantities,
but as the Navy uses none of the first, so not much of the
other, and the prcemiums have been, and are to be
paid for those commodities by the Navy, even tho'
they are imported to the remotest ports of Great Britain,
and out of the way of the Navy, so that it were to be
wish'd the same might be paid at the Custom House,
etc. Signed, Cha. Wager, Ja. Acworth, Cha. Sergisin,
D. Lyddell, R. Burton, J. Fawler, Tho. Swanton.
Copy. 3 pp.
461. ii. Account of tar and pitch imported from the Plantations
bought for H.M. Navy. New England, 1711, 15 lasts
tar ; 1712, 5^ tons pitch ; 1714, 29 lasts tar ; 1715, 25
lasts tar. 8 tons pitch. Virginia, 17^ tons pitch ;
Carolina, 47i tons pitch ; New York, 22 tons pitch.
I p. [C.O. 5", 866. Nos. 121 i., ii.]
Feb. 6. 462. Extracts of letters from S. Carolina [? to Richard
Beresford] (a) Feb. 6, 17|f. As to the Virginians trading with
our enemies, itt is most certaine though wee can have only Indian
proff , butt itt is certaine that the Sawraws are very well provided
with ammunition and other goods though they are still our enimies,
and enimies to No. Carolina, so that theire trade must be from
Virginia etc. The Watabees and Cutabas informes us that they
do come to the Sawraws to trade, and that the Sawraws do go
frequently to Virginia to trade there, the Chereekees have lately
been on the Creeks but did not much damage there, the French
were then there with several pereaugers of goods a trading, the
Chequesaws still promises us theire friendship.
(6) March 22, 17^|. We have lately had a messuage from the
Creek Indians relaiteing to peace which will require a great
thought to manage, for fear of disobliging the Charikyes, who
was the first people that return 'd to us in the greatest of our
extremity, the Creeks will have no peace wth. ye Charikyes etc.
(c) April 8, 1717. There is still Indians lurking about who
kill'd two white men about a fortnight ago about 2 miles from
Edistow Fort. Signed, Richd. Beresford. Endorsed, Reed.
Read 26th June, 1717. 1 p. [C.O. 5, 1265. No. 72.]
Feb. 6. 463. Council of Trade and Plantations to Mr. Secretary
Whitehall. Methuen. Enclose extract from Governor Lowther's letter, relating to
a trade carried on between H.M. Plantations and those of the
French in America. Continue : Tho' we do not find any law pro-
hibiting the same, yet by the 5th and 6th Articles of the Treaty of
Neutrality in America concluded in 1686, it is forbid, wherefore
in order to our giving the necessary directions in this matter, we
desire you will please to lett us know, whether the sd. Treaty of
1686 is to be look'd upon as still in force. [C.O. 29, 13. pp.
370, 371.]
ANT) WEST IXDTEv
1717.
Feb. 6. 464. Mr. Burt to the Secretaries to Mr. Secretary Methuen.
Admty. Office. Encloses following in reply to Jan. 29. Signed. E. Burt. Ad-
dressed. | p. Enclosed.
464. i. Xavy Board to Mr. Secry. Burchett. 1st Feb.. 1716
(17). Concerning premiums on Xaval Stores. Copy.
464. ii. Account of tar and pitch imported from the Plantations
and bought for H.M. Xavy. Tar. 69i lasts. Pitch,
104 tons. Xo hemp or other naval stores from thence
except masts, f p.
464. iii. Value of imports and exports to and from Denmark.
Xorway. East Country. Russia and Sweden, 1697-1701.
}P
464. IT. Account of Xaval Stores imported to England, Christ-
mas 1700-1715. pp. [C.O. 5 r 4. Ao*. 14, 14 i.-iv.]
Feb. 7.
Whitehall.
Feb. 9.
Feb. 11.
Whitehall.
Feb. 12.
Whitebait
465. Mr. Popple to the Commissioners of H3L Xavy. The
Council of Trade and Plantations desire an account of the species
and quantity? of Xaval Stores bought for the use of the Royal
Xavy. and from what places those stores have been respectively
imported, and upon what conditions of pavment. each year from
1696 to Christmas last. [C.O. 324, 10. pp. 98, 99.]
466. Extract of letter from George Knight of Barbados, to
Jos. Wyeth. London. There's severall vessells has been broken
among the Leeward Islands by the pirates who are numerous,
they having one ship taken by them from the French wch. will
mount 40 gnnns. and another of 16 gunns, etc. Endorsed, Reed,
(from Mr. Wyeth) Read 31st May, 1717. J p. . [C.O. 28, 15.
A'o. 8.]
467. Council of Trade and Plantations to Mr. Secretary
Methuen. Enclose draught of Instructions for Lt. Governor
Johnson, who has given the usual security etc. (r. 4th Jan.).
Xote : The Instructions are the same as those given to Mr.
Hyde, except the Addl. clause, and the two clauses of an Act
relating to the time of the late war. [C.O. 5, 1293. pp. 69, 70.]
46S. Mr. Secretary Methuen to the Council of Trade and
Plantations. Encloses following for their report. Signed, P.
Methuen. Endorsed, Reed. 15th. Read 18th Feb.. 17}f. 1 p.
Sndosed,
468. L Petition of Olfivier Tukm to the King. Petitioner, an
inhabitant of the Island of St. Peters, Xewfonndland,
now in possession of H.M., notwithstanding he hath
taken the oaths required to the late Queen and King
George, is molested in his habitation by three masters
of English merchant ships. Weston. Cleaves and Burdell,
without lawful cause. Prays for justice and protection
and to be allowed to live with the same privilege as
other British subjects etc. Signed. Olhvier Tnlon.
Copy. lpp.
254 COLONIAL PAPERS.
1717.
468. ii. Deposition of Ollivior Tuloii la Galanderie. 24th Jan.,
1716 (17). In Sept., 1716, one of his boats going out to
fetch wood was stopped by Capt. Ambrose Weston on
the pretext that it was going to give intelligence to some
French ships about the fishery, telling him that it was
in vain for him to take any care about his habitation,
for by the first English vessel that should come from
England, it would be seized. Deponent justifying the
falsity of the accusation, Weston and William Burdell
assaulted him ; and continually threatened to force
him to quit his habitation ; since which time his tenants
have not paid him his just due, on pretence that he
has no right to demand the same etc. The place was
grub'd up and cultivated by his predecessors and
himself, and he has kept 101 servants and shipped
of 8,000 quintals of fish in a season. He furnished
the garrisons with provisions for a bill of exchange
drawn by Govr. Moody on the Commissrs. of the
Victualling Office, wch. they have suffered to be
protested. His servants have ventured their lives in
giving assistance to English vessels perishing on the
coast etc. Deponent hath always been so ready in
complying with any orders- from the British Govrs.,
that when Mr. Edward Falkingham sent him word not
to keep any foreign servants, be forthwith discharged
them, to his great charge, altho' the rest of the inhabit-
ants have in their service most part foreigners. Depo-
nent's adversaries, Ambrose Weston, Boore, Burdell
and William Cleaves have seiz'd 722 quintals of his
fish, under pretence that his servants employ'd in fishing
up the said fish were forreigners. Deponent entered
into bonds to submit to the decision of the first person
in power that should come from England, and Edward
Falkingham in August ordered the fish to be restored
to him. Notwithstanding that verdict, Weston, Cleaves
and Burdell have caused the said parcel of fish to be
stopt at Bilboa and threaten to seize his habitation
etc. Signed, Ollivier Tulon. Copy. 3| pp.
468. iii. Duplicate of No. 439 vi.
468. iv. Deposition of Thomas Gaudin and others, that M.
de la Garanderie Tulon has ordered the Frenchmen in
his service to return to France and paid their passages
etc. 25th Sept., 1716. Signed, Thomas Gaudin, his
mark, and 3 others. Copy, f p.
468. v. Certificate by Governor Moody that M. Tulon Garan-
derie, has taken the oath of allegiance to King George.
Placentia, 8th Aug., 1716. Signed, J. Moody. Copy.
-|- p. [C.O. 194, 6. Nos. 20, 20 i.-v. ; and (without
enclosures ii.-iv.) 195, 6. pp. 302-304.]
Feb. 13. 469. Governor Hunter to the Council of Trade and Planta-
N. York, tjons, Abstract, Has just arrived from the Jerseys, where they
AMERICA ANT) WEST TXDTER. 255
1717.
have had a very happy sessions of Assembly, held at Chesterfeild,
near Burlington (where the small-pox was raging). The enclosed
list of acts shows that the Assembly made good their engagements.
Hopes that the act repealing an act fixing the session to Burlington
may be immediately recommended for confirmation. It was
the hand of Providence which prevented the session at that
time at Burlington. Mr. Talbot has thought fit to give some
faint light towards the discovery of a most hellish contrivance,
which as he says he in some measure defeated. He says he will
do what he can in that discovery etc. If he grows squeamish,
the gentleman to whom he has discovered it will take his oath
to the information he has given etc . Talbot seems very penitent , but
he does not know how sincere he may be. Hunter guessed there
was something more than ordinary in the sudden flight of the
party and the great solicitations of almost all of them for pardon,
which he has granted to all who have submitted. The Jerseys,
about a year ago the most tumultuous, is at present one of
the most quiet and best satisfied of H.M. Provinces. Refers
to enclosed papers in answer to Mr. Cox's charges against him.
His action in persuading Wetherhill to make amends for his
vilainy, instead of punishing him, was done at the earnest request
of many of the principal members of Assembly, to prevent the
danger of a rupture with the Indians, and was applauded by the
whole country. The other charge of cutting wood, explained
by Mr. Clarke, is so trivial that it shows the plaintifs have nothing
to complain of. Has fixed a meeting with the Indians in May,
and must hold an Assembly of the Jerseys in the fall, to perfect
what is so happily begun. He cannot therefore use H.M. licence
of leave this year at least, for he will not allow his private affairs
to compete with H.M. service. Hopes by then to have put these
Governments upon such a foot, that anybody may govern them
who has but honesty, though but indifferent capacity, etc.
Printed, N.J. Arch. 1st Ser. IV. 273-285. Signed, Ro. Hunter.
Endorsed, Reed. 1st April, Read 27th Nov., 1717. 3 pp. En-
closed,
469. i. List of Acts passed in New Jersey Jan., 1716 (=1717).
Same endorsement. 2% pp.
469. ii. Mr. Cox to Mr. Allison, Phila. July 7, 1716. Duplicate
of No 392 i.
469. iii. Affirmation of John Wills. Menemickwon, the Indian
King, commonly by the English called King Charles,
complained to me that John Wetherill had a design
to cheat him of some of his land, by making him drunk
and getting him to set his hand to some writing, etc.
I went with him before the Governor, who urged it very
mildly with Wetherill, setting before him the dangers
that might attend such a proceedure etc. He took the
paper back to the Indian who said he had received
nothing for it, and burnt it. Signed, John Wills. Copy.
2f pp.
469. iv. Affirmation of Thomas Wetherill and Samuell Furnis,
Jan. 2, 1716(1717). Confirms preceding . The Governor
256 COLONIAL PAPERS.
1717.
offered John Wetherill a free licence to purchase as
much land any where else in the country, etc. Signed,
Thomas Wetherill, Saml. Furnis. Copy. 1 p.
469. v. Affirmation of John Kay, 25th Jan., 1716 (17). Con-
firms preceding. Signed, John Kay. Copy. 1| pp.
469. vi. Certificate by George Clarke, New York, Feb. 6, 1716
(17). In 1711 some batteaus being ordered to be built
for the intended Expedition against Canada, and
admitting of no delay, carpenters were directed to go to
Sandy Hook to cut crooked sticks for them. After-
wards a demand was made by one Hartshorn (reputed
Proprietor of the land whence they were cut) of a greater
sum for those sticks than was judged reasonable. An
offer of what was thought ample satisfaction was made,
which he refused, etc. Signed, Geo. Clarke. Endorsed,
Reed. 1st April, Read 27th Nov., 1717. f p.
469. vii. Address of the Representatives of New Jersey to
Governor Hunter. Duplicate of No. 192 iii. [C.O. 5,
971. Nos. 28, 28 i.-vii. ; and (without enclosures] 5,
995. pp. 368-374.]
Feb. 13. 470. Enclosed in preceding letter, List of vessels trading from
New York, 1705-1716.
To Europe. West Neighbouring Africa.
Indies. Plantations.
1705 9 68 54
1706 13 70 33 1
1707 18 55 39
1708 13 62 40 1
1709 15 57 65 1
1710 18 59 82 1
1711 25 63 57 1
1712 21 95 50
1713 12 75 55
1714 22 91 56
1715 27 102 66 2
1716 31 124 63
Totals: 224 921 660 7
Signed, T. Byerley, Collr. Endorsed, Reed. 1st April, Read 27th
Nov., 1717. Ip. [(7.0.5,1051. No. 42 i.]
Feb. 13. 471. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
Encloses petition of the Earl of Sutherland praying for a Charter
of certain Islands lying upon Delaware Bay, for their opinion
whether it be in the power of the Crown to dispose of those lands.
Mr. Penn has pretended some title to those lands and his trustees
are Henry Goaldney, Silvanus Grove and Joshua Gee. [C.O.
5, 1293. pp. 70, 71.]
Feb. 14. 472. Mr. Bridger to the Council of Trade and Plantations.
Revises his scheme of premiums to be given upon Naval Stores
AMERICA AND WEST INDIES.
257
1717.
Feb. 18.
Whitehall.
imported from America. Signed, J. Bridger. Endorsed, Reed.
14th, Read 20th March, 1710. Holograph. 1 p. [C.O. 5, 866.
No. 105 ; and 5, 915. pp. 30, 31.]
473. Council of Trade and Plantations to Mr. Secretary
Methuen. Enclose extract of Governor Hamilton's letter and
affidavits relating to pirates that infest those seas, received since
report of 17th Jan. Continue : Upon which we take leave to
observe that should the pirates remain any time among the
Virgin Islands, or make a settlement there or in the Bahama
Islands, they wou'd not only hinder the provision ships from
coming to Jamaica, Barbados and the Leeward Islands, but
obstruct the Trade in general. Genl. Hamilton further acquaints
us, that upon visiting the several Islands under his Government,
he found them all in a very defenceless condition, their forts and
platforms very much out of order, most of the guns dismounted,
and stores and ammunition wanting everywhere. If there be no
orders on our Representation of 14th Dec. last already given,
we think it will be for the service, that H.M. wou'd be pleas'd
to give his directions thereupon. Autograph signatures. 2 pp.
[C.O. 152, 39. No. 126 ; and 153, 12. pp. 497, 498.]
Feb. 18.
Feb. 19.
Treary.
Chambers.
474. Mr. Popple to Mr. Burchett. Encloses extract from
Governor Hamilton's letter 14th Dec., giving an account of the
pirates, and of the want they are in of a man of war for the
protection of the trade there, to be laid before the Lords Commis-
sioners of the Admiralty. [C.O. 153, 12. p. 499.]
475. Mr. Lowndes to Mr. Popple. Encloses following
to be laid before the Council of Trade and Plantations for their
consideration, before the Lords Commissioners of the Treasury
incurr any new expense on_that head etc. Signed, W. Lowndes.
Endorsed, Reed. Read 20th Feb., 17ff. Addressed, f p.
Enclosed,
475. i. Board of Ordnance to Lords Commissioners of the
Treasury. Jan. 18, 17ff. In pursuance of Order of
17th Dec., 1710, we have received out of the duty of
41 p.c. but 4749 4s. 5d. out of 15,241 4s. lOd. due
to this office for stores sent to the Leeward Islands, and
4438 16s. 9d. out of 15,317 18s. 3d. due for stores
and pay of officers etc. sent to Barbados, so that there
remains, in all 21,371 Is. lid., and the total sum received
being 9188 Is. 2d. deducted out of the 78,528 2s. 5|d.,
the amount of the 4| p.c. from Barbados and the
Leeward Islands since 1702, there will remain 69,340
Is. Ofd., out of which we humbly hope your Lordships
will order the payment of what is due to this Office, etc.
We take leave to add that as the Lords of Trade do
look upon the demand to be sufficiently distinct, to
repeat our opinion, it can't be comply'd with without
further explanation, (v. Dec. 14, 1716.) Signed, Edw.
Wt. 26355. C.P. 17.
258 COLONIAL PAPERS.
1717.
Ashe, D. Windsor, Tho. Frankland, John Armstrong,
Tho. Erie, M. Richards. 2 pp. [C.O. 152, 11. Nos.
47, 47 i. ; and 153, 12. pp. 502-505.]
Feb. 22. 476. Mr. Popple to Mr. Lowndes. In reply to Feb. IQth,
Whitehall, refers to representation of Dec. 14. The Council of Trade and
Plantations still think it absolutely necessary for H.M. service,
that the Leeward Islands be immediately supply'd with the
several particulars wanting (v. June 22, 1716), least they should
suffer from the buccaniers and pirates, that now infest those
seas. Refers to the report of the Board of Ordnance that the
account of the stores remaining there is imperfect. Continues :
My Lords Commissrs. did thereupon think they had reason to
report (14th Dec.), that they look'd upon the acct. of stores
remaining and wanting "to be very distinct as to the number
and species," nor do they conceive how in this case the want of a
more perfect account of the stores remaining could hinder the
Board of Ordnance from making an estimate of the value of what
is demanded. As to the postscript of the letter of the Board of
Ordnance (v. 19th Feb.), their Lordships do not understand what
further explanation is necessary unless it may be in particulars,
that are not of sufficient weight to retard the supplying those
Islands with the necessary stores of which they are so much in
want. Refers to following. Annexed,
476. i. List of stores remaining and wanting in the Leeward
Islands. [C.O. 153, 12. pp. 505-509.]
Feb. 22. 477. Agents of South Carolina and London merchants trading
thither to the Council of Trade and Plantations. Reply to
questions proposed by the Board. Any quantity of tarr and
pitch (upon due encouragement) may be had from South Carolina.
The export of last year from thence was abov[e twenty] thousand
barrels. The pitch is as good as any imported into Great
Brittaine, tarr but little inferiour to that of Stockholm, and is
capable of being improved to ye greatest perfection. The
manufactory of turpentine has not yet [been] considerable, but
the country will afford what quantity can be wanting equall in
goodness to the best. Hemp hath been sown and found to grow
well; great part of the lands is proper to produce it. Great
numbers both of Cyprus and pine masts may [be] had from 40 to
60 feet long from 2 to 4 ft. diameter. Oake, Cyprus and pine
timber and planks are in great quantities from 20 to 40 feet long
free from knotts [and of] fine grain proper for fine flooring and
building ships (as has been experienct by the many ships and
vessells that have been built there) but the charge of freight and
duty will not at present admitt it to be imported unless a suitable
bounty is allowed. Cedar (by a strict explanation of an Act)
pays customs as sweet wood, which amounts in effect to pro-
hibition. In many parts of Carolina are great quantitys of
iron ore and wood sufficient for the manufactoring the same.
The Province is capable of these and many other valuable pro-
ductions, as rice, silk, indigo, cochenill, cotton wooll, potash.
AMERICA AND WEST INDIES. 259
1717.
with many valuable druggs etc. to the advantage of Great Brit-
taine, which their unhappy circumstances in respect to the present
warr with the Indians deprives them of, and togeather with the
want of ye Crown's protection debars them from a great number of
people that would otherwise settle in that Province, some of
those already settled there being daily destroy 'd and others
leaving the country, insomuch that at this time near half the
quantity of land formerly possest, is abandon'd, and the number
of men is very small that are fitt to bear arms not 700, and the
Indian enemies very numerous, so that hands are wanted to take
care and manure the remaining Plantations. Wherefore wee
humbly intreat your Lordships to make representations to H.M.
for a speedy and sufficient supply of men to be sent to that
distressed Province of which it stands in the utmost need, etc.
Refer to Addresses of Assembly to that end. Signed, Joseph Boone,
Richd. Beresford, James Crane and 15 others. Endorsed, Reed.
22nd, Read 25th Feb., 17^f . Edges torn. 2 pp. Enclosed,
477. i. Address of the Representatives of South Carolina to
the King. Refer to previous Address, etc. (v. 12th
June, 1716). Continue: Our troubles, instead of
coming to a period, daily increase upon us ; and we
now see our selves reduced by these our misfortunes
to such a dismal extremity, that nothing but the All-
powerful Providence of Almighty God working a
miracle in our favour, or your Majesty's Royal and most
gracious protection, can preserve us from ruin. Our
Indians continue committing so many hostilities, and
infest our settlements and plantations to such a degree,
that not only those estates which were deserted at the
breaking out of this Barbarous War cannot be resettled,
but others are likewise daily thrown up to the mercy of
the enemy, to the ruin and impoverishment of several
numerous families etc. Notwithstanding all these
our miseries, the Lords Proprietors of this Province,
instead of using any endeavours for our relief and
assistance, are pleased to term all our endeavours to
procure Your Majesty's Royal protection the business
of a faction and party etc. We most humbly assure
your Majesty that it's so far from anything of that
nature, that all the inhabitants of this Province in
general are not only convinced that no human power
but that of your Majesty can protect them, but earnestly
and fervently desire that this once-flourishing Province
may be added to those already under your happy
protection etc. Signed, Tho. Broughton, Speaker,
and the rest (21) of the Members attending the service
of the House. Printed. 2 pp. [C.O. 5, 1265. Nos.
55, 55 i. ; and (without enclosure) 5, 1293. pp. 71-74.]
[Feb. 25.] 478. Mr. Dummer to the Council of Trade and Plantations.
Report, in obedience to their Lordships' commands, upon the quan-
tities and qualities of the naval stores which can be raised in New
260 COLONIAL PAPERS.
1717.
England,, and upon what terms they may be imported here. To
begin with timber, I am very well assur'd that New England has
what is very fit for all uses tho' I know very well that the Com-
missrs. of the Navy have discredited it. Many ships built
there last as long as those built here, except in cases where
the East Country timber has been better season 'd etc. For the
terms, I believe the taking off the duties may barely do, but it
would be better that a bounty of 20 shs. pr. tun were given on all
timber as is already allow 'd on masts. For pitch, tarr, turpentine
and rosin the present bounty will suffice if care be taken that the
payment of it be constant and regular so that there be no dis-
count upon it. This appears from the great importation of those
species of late since the bounty has been pretty well paid. We
have had the last year 6000 Ibs. of turpentine more than the year
before, and so in proportion of the other species. The whole
imported the last year amounts to 16,153 Ibs. of turpentine,
5937 Ibs. of pitch, 3210 bis. of tarr. This great importation has
sunk the prizes very considerably ; pitch has fallen halfe, vizt.
from 14s. to 6s. 6d. pr. hundred. I hope this will be a reason
to induce yor. Lordpps. more easily to come into the bounty I
propose on timber, because it will probably be a means of bringing
in the more which will yrfore be ye cheaper and so the nation
will be rather a gainer than looser by the bounty. Whereas yr.
Lordpps. were pleas'd to observe that New England made but
little tar themselves notwithstanding the encouragement given,
I can only say that seeing they find their account in fetching it
from Carolina to bring here, there's no doubt but as the demand
rises here, and Carolina has not tarr enough to answer it, the
people in New England will in course fall the more heartily into
it themselves. As to the article of Hemp. The soil in New
England is undoubtedly very fit for it and capable of producing,
there having bin experiments made in severall parts of the
countrey and all of 'em answer'd. I am particularly assur'd
that the Ropemakers in Boston have frequently declar'd, that if
they had enough of the hemp of the countrey, they would work
it preferably to any from Europe. I am likewise inform'd that the
General Assembly of the Province of the Massachusetts have by
a law lately made allow'd a premium of a half penny pr. pound on
hemp sow'd and cur'd in the countrey, which, I hope, when
join'd to the bounty given by Act of Parliament, will encourage
the inhabitants to fall into it. Yet considering the great quan-
tities of hemp and cordage which New England takes from hence,
it must be a great work to make enough for themselves to turn
the importation here especially so as in any considerable measure
to supply what Great Britain wants and therefore I believe
it would be necessary that a number of merchants should form
themselves into a Company, and with a joint stock carry it on
vigorously. I think the same with respect to the manufacturing
of Iron because of the expence in sending out skillfull workmen,
and erecting ironworks tho I understand there are several small
works of that kind rais'd there already, vizt. two in Taunton, one
at Brantree, one at Deuxbury, one at Providence in Rhode Island
AMERICA AND WEST INDIES.
1717.
Government, and another at or near Reading. I am told that
there is oar all over the countrey, and that its capable of being
made very good if rightly work't. A master of a ship now in
town saies he built a ship in Taunton and made his chain plates
and rudder irons out of the iron made in the town, and he found
they did as well as the best. If therefore the iron is capable of
serving for those uses, where the greatest strain is, it must needs
be good for every use besides. Signed, Jer. Dummer. Endorsed,
Reed. Read 25th July, 17 jf. 4 pp. [C.O. 5, 866. No. 101 ;
and 5, 915. pp. 25-29.]
[Feb. 26.] 479. Petition of merchants and traders of Bideford to the
Newfoundland to the Council of Trade and Plantations. Peti-
tioners, having about 30 sail belonging to this and the adjacent
port of Barnstable now bound on fishing voyages to the Newfound-
land, to fish at Trapassy, St. Peters and the other southern parts,
pray that a man of war may be order 'd on that station by the
middle of April, to cruize from Trapassy to St. Peter's during the
fishery, her rendezvous to be at Trapassy, that our trade may be
protected from the insults of the pirates, who are now very
numerous, and have been some time heretofore very destructive to
the fishing ships, even to the ruin of several merchants and traders.
And we further desire that at the end of the fishing season in
those parts (which is much sooner than in the northern) the said
man of war may convey our ships bound to Lixboa and the
Streights. Signed, Robert Willis, Mayor, and 67 others. En-
dorsed, Reed. 26th, Read 27th Feb., 17}f Copy. 3 p. [C.O.
194, 6. No. 21.]
Feb. 27.
Whitehall.
Feb. 27.
London.
480. Council of Trade and Plantations to Mr. Secretary
Methuen. Enclose preceding petition from Bideford. Conclude :
We conceive this trade to be so advantageous to ye nation that
it deserves all proper incouragement and this being the first
time that we have heard of such a number of ships going to the
southern parts of Newfoundland since the Peace, we desire you
will please to take the first opportunity of laying the said petition
before H.M. etc. [C.O. 195, 6. pp. 305, 306.]
481 . George Lewen to the Council of Trade and Plantations.
Ambrose Weston and William Cleeves, fishing admirals of St.
Peters, are men of undoubted integrity. If Oliver Toulon sent
his French servants back to France, it is probably in order to
return them the next season as customary, they being bound to
him for 3 years etc. Signed, Geo. Lewen. Endorsed, Reed. 27th,
Read 28th Feb., 17ff . 1 p. Enclosed,
481. i. Deposition of William Cleeves and Ambrose Weston,
of Poole, Mariners. 23rd Feb., 1716 (17). Nine of
Toulon's crew were hired servants for three years
and natives of France. Toulon is merely the servant of
Mme. Ouffry of St. Malo, who offered to sell her
plantation at St. Peters to Cleeves in Nov., 1714, etc.
262 C6LONIAL PAPERS.
1717.
Signed Win. Cleeves, Arnbros Weston. 2 pp. [C.O.
194, 6. Nos. 22, 22 i.]
Feb. 27. 482. Governor Shute to the Council of Trade and Plantations.
Boston, Encloses Acts passed by the last General Assembly, Dec., 1716.
,ng an ' Continues : Upon my arrival I found all things quiet and so
they have continued and when I met with the Indians in January
last at Piscataqua, they seem'd to be very well disposed to
cultivate a good friendship with H.M. subjects in these Colonies,
which will tend very much to make these Plantations flourish,
which have suffer'd very much in the late wars, etc. Signed,
Samll. Shute. Endorsed, Reed. 18th April, Read 22nd May, 1717.
Ip. [C.O. 5, 866. No. 112 ; and 5, 915. p. 38.]
Feb. 28. 483. Rowland Tryon and William Nevene to the Council
of Trade and Plantations. We had the honour of your Lopps.'
commands to give in writing what we had to say upon an Act of
Antegoa for setting 1000 current money of Antigua on Governor
Hamilton, etc. (v. 14th April, 1716). The publick taxes in the
said Island are granted in money but paid to and issued out by
the Governmt. there in sugar at a fixed price, which has generally
been the highest ; for severall years past sugars shipped from the
said Island for Great Brittaine have rarely yeilded to the importer
above halfe of what they cost in Antegoa money, and frequently
not soe much ; this reason together with the inconveniency of
shipping sugars at the risque of the publick, probably made the
Assembly insist tenaciously upon granting the 1000 money of
that country rather than 400 sterling, and prevailed with the
Govr. to give his consent, with a resolution at the same time not
to touch any part of the money untill the Act should be approved
by H.M. Noe great inconveniency can (in our humble opinion)
arise to any of the Colonies from the Govrs. giveing their consent
to any Act for granting them a present if they are effectually
restrained from receiving any part thereof, till the Act is approved
by H.M. ; for if the summe be exorbitant or your Lopps. be
acquainted with any unfair practices of the Govr. in obtaineing
such present, it is not to be doubted but that the Govr. will meet
both with a disappointment and suitable rebuke. This Instruc-
tion (restraining any Governor from accepting any gift from an
Assembly, except for the rent of a house not exceeding 400) will onely
be an effectuall restraint upon such Govrs. whose tender regard
to their duty will not suffer them to stoop to any arts to evade
the force of it, and we are confident that this our opinion will be
justifyed, if a strict enquiry be made into the disposall of the
publick money in the Colonies since that Instruction was first
given to Governrs., and that it will be found that very soon after
Govrs. come at the publick money under different disguises and
larger summs than probably would have been granted them
openly and directly as a present by an Act ; and that (if all the
other avenues to the publick money be sufficiently guarded against
Govrs.) this one of receiving presents by Act after the Royall
approbacon may be left open without any great danger. The
AMERICA AND WEST INDIES. 263
1717.
rents of houses are very dear in the Leeward Islands and hardly
any to be lett fit for the habitation of a chief Govr., without such
alterations and reparations as are very chargeable ; by this
means Mr. Hamilton has been put to near 2000 charge in fitting
up the house which he now lives in at Antegoa, and which he was
obliged to take a lease of for years, nor can he probably get a
convenient house upon other terms in the other Islands. The
prices of all things, especially of necessarys for the Govrs. table
have been for some years soe excessively high and different from
what they were when the aforesaid Instruction was given to the
Govrs. of those Islands and their salary raised from 700 to 1200,
that 1200 would have gone further (at that time) than 2000
at present ; and a Govr. (who lives with any regard to the honour
of the Crowne and dignity of his post and comes into noe indirect
or unwarrantable means of getting money) will be soe far from
making a fortune, that he will find it noe easy matter to keep out
of debt, etc. Signed, Rowld. Tryon, Will. Nevene. Endorsed,
Reed. 28th Feb., Read 6th April, 1717. Addressed. 2 pp. [(7.0.
152, 11. No. 51 ; and 153, 13. pp. 1-5.]
March 1. 484. Governor Hamilton to the Council of Trade and Plant-
Antigua, ations. Refers to enclosures. As soon as Abijah Savage gave me
intelligence of the capture of his sloop by a couple of pirates (v.
Dec. 14, 1716), I dispatched an express to the Governour of
Barbados, desiring he would order H.M. ship attending that
station to cruize among these Islands for some time, in order to
disperse those vermine if possible as well as to secure the Trade
in these parts, and at the same time I gave an account to Capt.
Hume (Commander of the Scarborough then on the said station)
of the pirates being in these seas, and urged the necessity of his
proceeding in quest of them, the which he with great chearfulness
undertook, and on 4th Jan. last arrived here, whereupon I
immediatly ordered an officer, with 40 of H.M. troops on board,
the better to enable Capt. Hume to secure his ship, and to annoy
the pirates in case he met them (the Captain having first repre-
sented to me that he was not only reduced to his lowest comple-
ment of men, but had actually some of them then sick on board)
whereupon he immediatly went to the places where he thought
it was most likely to meet them, and accordingly on the 15th day
of the same month he had the good fortune to find some of them
in the harbour of St. Cruix, with a ship and a sloop, the latter of
which was sunk by Capt. Hume in the said harbour on his first
arrival there, whereupon the pirates got some guns a shoar on
each side of the harbour, and fired abundance of shot at the man
of warr, but she sustaining no damage, the Captain was resolved
to push forward, which the pirates perceiving got under sail
with their ship being a fine galley of about 26 guns designing to
have fought their way through, but as she was coming out of the
harbour she run a ground, whereupon they set fire to the ship,
and retired to the woods, saving about 20 odd who made their
escape by favour of the night in a small sloop they had taken and
carryed with them belonging to these Islands, with which they
264 COLONIAL PAPERS.
1717.
went through the shoals, and narrow passages where the man of
war could not go, so that Capt. Hume had not the good fortune
to get any of the men or anything belonging to the pirates saving
a little of the rigging with the sloops mast, and about or 8
negroes that they had taken from some Guinia man, which they
had formerly met with but to whom she belonged or where bound
he could not learn. There were some other English vessels that
the pirates had taken, and carried into St. Cruix the which Capt.
Hume released, and restored to the respective masters or owners
who happened to be there with them, and I must do him the justice
to say, that nothing on his part has been wanting to comply with
his duty in endeavoring not only to destroy their vessels but
even to take their men, but their retiring to the woods made it
impracticable, so that he was obliged to come away and leave
them on the Island from whence we are informed that they have
since been taken off by the sloop commanded by Bellamy who
is now in a ship of 26 guns, and has with him a sloop of 14 guns
more, besides which by what we can learn there are two or three
other pirates in these seas so that they are now become very
formidable by which means the man of war appointed for this
station will be able to do but little service when she comes being
but a small sixth rate, wherefore I must beg your Lordships will
be pleased to lay before H.M. the necessity of having a better
ship, appointed for the service of this station and withall that it
will be necessary to have her immediately dispatched, not knowing
how soon those fellows may attempt to make some outrages
upon the inhabitants of some of the Islands, they appearing
frequently not only on the coast of several of the small Islands,
but even among the French Islands that are to windward of
this place. I have been detained in this Island ever since the
month of Aprill last for want of a man of warr to carry me to the
other parts of the Government, so that I cannot at present give
your Lordships any perfect account of affaires there, but as soon
as the man of warr arrives I intend down amongst them, and then
I shall not fail to inform your Lordships of everything that occurs
to me, which I believe may be for the interest of H.M. or the
service of this Colony. Signed, W. Hamilton. Endorsed, Reed.
24th, Read 30th April, 1717. 2 pp. Enclosed,
484. i. Duplicate of No. 425 iii.
484. ii. Deposition of Simon Slocum, William Knock, Paul
Gerrish, John Tuff ton and Thomas Porter, Feb. 28th,
1716. On 30th Nov. being in the harbour of Triste in
the Bay of Campechia with the vessels in the annex 'd
list, there came to the said Bay three Spanish ships of
warr, one fire ship, three sloops of warr etc., commanded
by Don Alonso Phe. de Andrade, to whom (after enclosed
correspondence) they were obliged to surrender their
ships and themselves were made prisoners until 15th
Dec., at which time they departed in a sloop with a
passport from Don Alonso, and, resolving to put into
the first English port they could make, arrived at
Antigua 17th Feb. After the arrival of the Spanish
UtERTCA AND WEST INDIES. 265
1717.
vessolls at the harbour of Triste there came severall
other ves.se] Is belonging to the English to the Bay of
Campechia which were likewise taken and the Captains
with their men made prisoners by the Spanish force,
altho the said English vessells had not traded or done
anything besides coming to an anchor without the Bar.
Signed, Simon Slocum, Jno. Alden, jr., Nathl. Mason,
Will. Knock, Paul Gerrish, John Tuffton, Tho. Porter.
!f PP-
484. iii. List of vessels surrendered in the Bay of Campechia,
30th Nov., 1710. 12 ships (5 New Englandmen, 3
English, 1 Barbadian, 1 Scottish, 2 Dutch) ; 8 sloops (4
New Englandmen, 1 New York, 1 Jamaican, 1 Barba-
dian, 1 Dutch). Taken over the Barr Triste, 2 New
Englandmen, 1 English, 1 Dutch (loaded).
484. iv. Senr. Majr. Don Alonson Phe. de Andrade, 29th Nov.,
1716, to the masters of ships in the Bay of Campechy.
Forasmuch as I am dispatch't here by H.E. Marquis
de Vallero Vice-King of Governour and Capt. Generall
of New Spain to depopulat and devast the Laguna
Termina and replenish the same with the forces of his
most Catholick Majesty, I exhort all the inhabitants
of the Laguna Termina and of the Island of Triste to
deliver up your arms to the King my master whom in the
name of my King, I pardon by an act of grace from
him ; if not, you shall be deemed as pirates and suffer
the law of arms, for you to live in a place, which belongs
unto me and of so much consequence seems as if there
were nothing in New Spain etc. Signed, Ifflonso Phe.
de Andrade. Copy, f p.
484. v. Masters of ships in the Bay of Campechia to Don Alonso
Phe. de Andrade. We think your Excellency's proposals
very hard as being subjects to the King of Great Britain,
and we desire a pass for our ships and goods, and will
willingly resign you the Island of Triste and the Laguns *
or else we are resolved to maintain our libertys and
fortunes for we are no ways pirates but have lawfull
clearances etc., which is the needfull at present from
etc. Signed, Ebenr. Wentworth and 13 others. Copy.
I p.
484. vi. Don Alonso Phe. de Andrade to the masters of ships
in the Harbour of Triste. 29th Nov., 1716. Reply to
preceding. I am resolved to enforce my Master's
commands by force of arms etc., but will grant you a
vessell to carry you to British Dominions etc. Signed,
Ifflonso Phe. de Andrade. Copy. 1 p.
484. vii. Masters of ships in the Harbour of Triste to Don
Alonso Phe. de Andrade. Reply to preceding. We
accept your proposals, etc., if granted a ship of 300 tuns
with provisions to carry us and the prisoners now in
your possession and all our men within a limited time
for our departure with our chests, cloaths, bedding and
266 COLONIAL PAPERS.
1717.
books etc. Signed, Ebenr. Wentwortli and 15 others.
Copy. 1 p.
484. viii. Don Alonso Phe. de Andrade to Masters of ships in
the Harbour of Triste. 1st Dec., 1716. Agrees to
preceding. Signed, Ifflonso Phe. de Andrade. Copy.
. i P-
484. ix. Passport |or 7 English Captains of vessels made
prisoners as above. 10th Dec., 1716. Signed, Don
Alonso Phe. de Andrade. Endorsed as covering letter.
Copy. 1 p.
484. x. Masters of vessels in the Bay of Campeachy to John
Cample. Antea Triste Harbour sed nu[w]c del Carmen,
Dec. 10, 1716. We have been taken here by Don
Alonso etc. The men that belonged unto our ships as
is customary were all in the lagoons a bringing down
logwood for the loading of our vessells that were here,
at which time the Spaniards stop't up both Creeks, so
that our men could by no means come to our assistance,
and so that in 18 sail there were but 80 sailers left,
most part of the Bay men who were then at Triste
with 7 of the masters of vessels vizt. Thomas Porter,
Bay man, who drew all the rest away ran from our aid
with above 50 men in canoes, one of the abovesaid 7
masters, after assignation of the capitulations (Nos.
vii., viii.), burned his sloop etc. The Spaniards have
landed upon the Island of Triste, alias del Carmen,
24 pieces of cannon, and have brought all things
necessary for the setling the same, as also the Leguna
Termina, so that the vessells that come this way, without
a passport from the King of Spain are free prizes unto
them. To prevent further losses, we desire these papers
may be put into print and published etc. Endorsed
as letter. Copy. \p. [(7.0.152,11. Nos. 57, 57 i.-ix. ;
and (without enclosures] 153, 13. pp. 22-27.]
March 2. 485. Order of King in Council. Referring following to the
St. James's. Council of Trade and Plantations for their report. Signed,Wm.
Blathwayt. Endorsed, Reed. Read 5th March, 17}f. f p.
Enclosed,
485. i. Petition of William Armstrong and other disbanded
soldiers to the King. Pray for a grant of uninhabited
lands between Nova Scotia and Maine, N.E., recovered
from the French, 1710, and for transport and subsistence
till they can clear the ground and repay the same in
Naval Stores etc. Signed, William Armstrong, Seg.,
and 32 others. 2pp. [C.O. 217, 2. Nos. 19, 19 i. ; and
218, 1. pp. 314-319.]
March 2. 486. Archibald Cuinings, Custom House Officer at Boston,
Boston. to John Cokburne, one of the Lords Commissioners for Trade
and Plantations. Gives details of imports from foreign plantations,
as Cayan, Surriname, Cape Fra^ois and St. Thomas, and from
AMERICA AND \VKst INDIES. 267
1717.
our own Plantations. Continues : Wee distill annually about
2000 lids, of rnme here of molosses and about 1800 pipes wine
imported from Fyall Maderas and Canaries all which might bear a
duty as a revenue for the Crown to defray the expences that the
plantations are annually to Great Brittain for Governours and
officers' salaries etc., and by setling a Stamp Office in all the
Islands and on the Continent for this service, etc. The Charter
Governments are all enemies to the prerogative and it would
be a service to the Crown they were all taken away etc. In
Providence plantation in Rhoad Island Government no notice
is taken of the Sabbath but employed in revellings and none of
ther laws sent home for the Crown's sanction or your Lordships
boards approbation, the Court of Admiraltry is daily decryed
by these charter people which is the royall prerogative etc., etc.
Signed, Archd. Cumings. Endorsed, Reed, (from Mr. Cokburne)
3rd April, Read 20th May, 1717. Addressed. 2 pp. Enclosed,
486. i. List of imports from foreign plantations, etc. 1 p.
[C.O. 5, 866. Nos. Ill, 111 i. ; and (without enclosures)
5, 915. pp. 33-37.]
March 2. 487. Certificate by several Ropemakers of London that
Carolina tar is suitable for use in cordage etc. Signed, Stephen
Hughes and 5 others. Endorsed, Reed. Read 4th March, 17^f.
I p. [C.O. 5, 1265. No. 56.]
[March 4.] 488. Agents of South Carolina and London merchants
trading thither to the Council of Trade and Plantations. Owing
to the great distance of the Province, the small number of hands,
and dearness of labour and freight, propose that naval stores from
Carolina be admitted to Great Britain duty free and the importer
allowed a bounty etc. Details. Signed, Joseph Booiie, Richd.
Beresford, James Crane and 4 others. Endorsed, Reed. Read 4th
March, 17ff. 1 p. [C.O. 5, 1265. No. 57 ; and 5, 1293. pp.
75-77.]
March 4. 489. Mr. Burchett to Mr. Popple. In reply to 18th Feb., I
Admty. Office. am to acquaint you, that orders are sent to the Captains of H.M.
ships employ'd at Jamaica, Barbadoes, and the Leeward Islands,
upon intimation of any pirates in those parts, to advise with the
respective Governours, and proceed in quest of them as shall be
thereupon thought proper, and to use their utmost endeavours to
seize or destroy them ; the Seaford that sailed for the Leeward
Islands in Dec. last was provided with Instructions of this nature,
and must in all probability ere now have reach 'd her station ;
we are now fitting ships for the Colonies of Virginia, New England,
and New York, and their Commanders will also have
particular Instructions with relation to pirates. Signed, J.
Burchett. Endorsed, Reed. Read 5th March, 17^f. Addressed.
1 p. [C.O. 152, 11. No. 49 ; and 153, 12. p. 510.]
March 7. 490. H.M. Warrant granting leave of absence from Mont-
St. James's, serrat to Lt. Governor Thomas Talmach for six months for
268 COLONIAL PAPERS.
1717.
recovery of his health. Countersigned, P. Methuen. [C.O. 324,
3.'}. p. 70.]
[March 7.] 491 . Ollivier Tulon to the Council of Trade and Plantations.
Repeats petition ^\ T o. 470 i. Signed, Ollivier Tulon. Endorsed,
Reed. Read 7th March, 17} f. 1 p. Enclosed,
491. i. The case of Oliver Tullon (v. No. 470 i.), with the opinion
of the Attorney General, that if he be qualified by the
Act of the 10th of King William, Cap. 25, to fish in
Newfoundland, the employing foreigners not qualified
to fish for themselves is no offence against the act, the
fishing being the fishing of Tullon. But if Tullon be
himself an alien not naturalised or made denizen, he is
made incapable to fish there, and the 13th and 14th
Articles of the late Treaty of Peace doth not, nor could
alter the Act of Parliament, besides the 14th Article
provides only for the French subjects who were willing
to remaine in the places yeilded to the Crown of Great
Brittaine to enjoy the free exercise of their religion as
far as the laws of Great Brittaine did allow the same
etc. Signed, Edw. Northey. Jan. 28, 17}f. 2 pp.
Enclosed,
491. ii. Duplicate of No. 470 iv.
491. iii. Deposition of Ollivier Tulon la Gar anderie. 7th March,
17 ff . In Nov., 17 14, at Poole, William Cleaves proposed
to purchase deponent's habitation at St. Peter. He
asked 5000 livres, and Cleaves only offered 80 sterl.
Upon his refusing this, Cleaves threatened to find means
to make him lose it, and since then has continually
molested him. Signed, Ollivier Tulon. 1J pp.
491. iv. Version in French of No. 439. iii.
491. v. Duplicate of No. 470 iii.
491. vi. Copy of agreement between Ollivier Tulon and Pierre
Careye and Co. of Guernsey, proprietors of the Deux
SCRWS of Guernsey, Capt. Win. Le Mesurier, master.
Jan. 28, 1716. Signed, Pierre Careye, Willm. Le
Mesurier, Cha. Mauger, Tulon. French. Copy. 3f pp.
491. vii. Duplicate of Queen to Nicholson, 23rd June, 1713.
491. viii. Version in French of No. 439 vi.
491. ix., x. Deposition of Fran9ois Levesque, Sieur de Bau-
briand and his wife Marie Fran9oise Dubreuil, relict of
the Sieur Onfroy (sic), of St. Malo. March 5th (N.S.),
1717. Olivier Tullon is sole proprietor of the habitation
at St. Peters, deponents having sold to him their half
share in Sept. 1st, 1715, etc. Signed, M. E. Dubreuil,
Veuve Onfroy, Baubriand, etc. 6 pp.
491. xi. Copy of deed of sale of half the plantation of Bellair
to M. Tulon etc. Signed, Fr. Levesque, Tulon. French.
\lpp. [(7.0.194,6. Nos. 23, 23i.-xi.]
[March 8.] 492. Mr. Bubb to the Marquis de Grimaldo. Madrid, 17th
Dec., 1716. Protests against the seizure of some fish at Bilboa,
AMERICA AND WEST INDIES.
260
1717.
as in following. I do not see by what right these gentlemen
presume to decide upon the judgments of the King's officers given
against his own subjects, and in which they have .no concern etc.
Endorsed, Reed., from the Secretary's Office, Read 8th March,
17{. French. Copy. 2pp. [0.0.194,6. ..Vo. 24.]
[March 8.] 493. Petition of Capt. William Le Mesurier (Guillaume
Mesurer) to [? the King of Spain]. Petitioner brought from New-
foundland to Bilboa in his ship the Deux Sozurs et Marie 722
quintals of fish consigned to him by the Admiralty of the Port
of St. Pierre, to be sold and the proceeds held at the disposal of
H.M. This was the fish confiscated from Galanterie Tulon. At
the instance, it is believed, of Tulon, petitioner was thrown into
prison and his ship and the fish seized. Petitioner has applied
in vain for satisfaction etc. Endorsed as preceding. French.
Copy. 3 pp. [C.O. 194, 6. No. 24 i.]
[March 8.] 494. Extract of letter from Mr. Secretary Methuen to Mr. Bubb.
3rd Jan . , 1 7 ] f . H . R . H . approves of preceding memorial and letter
etc. In case you have not already obtained justice at Madrid,
you should again in H.M. name represent to that Court in the
strongest terms, the violence and injustice of this proceeding
of the Biscayners, in a thing which they have no right to meddle
with, and you are to use your best endeavours that the fish
seized at Bilboa, which belongs without any dispute to H.M.,
may be restored to the Captain. Endorsed as preceding. p.
[C.O. 194, 6. No. 24 ii.]
[March 8.] 495. Estimate of the charge of settling a colony of 500
disbanded soldiers between Nova Scotia and New England
etc. (v. 5th March). Total, 29,562 10s. Endorsed, Reed, (from
Mr. Armstrong etc.) Read 8th March, 17}f. 2 pp. [C.O. 217,
2. No. 21.]
March 9.
Annapolis
Royall.
496. Capt. Williams to the Council of Trade and Plantations.
I take this opportunity to acquaint your Lordshipps of the
decease of the honble. Major Thomas Caulfeild late Lt. Govr.
of this pleace who departed this life the 2nd instant, very much
lamented by us here, and haveing had noe time to inspect into
the affairs of this Goverment, by the next occasion which will
soon follow this, I shall endeavor what in me lyes to give as perfect
an account as possible. And whereas I am now the eldest
officer in this part of Ammerica by some years, I hope yr. Lord-
shipps will be pleased to consider me as here, being very sensable
that several persons who are now at home will make there intrest
to be made Lt. Governor, for which I most humbly intreat yr.
Lordshipps' favor, tho' very sorry for the occasion, etc. Signed,
J. Williams. Endorsed, Reed. Read 23rd May, 1717. 2 pp.
[C.O. 217, 2. No. 25 ; and 218, 1. pp. 321, 322.]
270
COLONIAL PAPERS.
1717.
March 9.
London.
497. Copy of Lt. Governor Moodv's Proclamation of July
12, 1714. Endorsed. Reed, from Valier 13th March, Read 12th
April, 1717. H pp- [C.O. 194, 6. No. 27.]
March 9. 498. List of 15 inhabitants of St. Peters, including Oliver
Tulon, who took the oath of allegiance in accordance with
preceding proclamation, " wch. have all peaceably enjoy 'd ye
liberty of fishing etc. ever since except Mounsr. Tulon." Signed,
Wm. Taverner. Endorsefl as preceding. 1 p. [C.O. 194, 0.
No. 27 i.]
March 9.
St. James's.
499. H.M. Warrant appointing Richard Mill Receiver
General in Jamaica, in place of Thomas Martin deed, and
Leonard Compere, surrendering his Letters Patents. Court fer-
signed, P. Methuen. [C.O. 324, 33. pp. 70-72.]
March 11.
St. James's.
March 12.
Jamaica.
500. H.M. Instructions to the Lords Proprietors of Carolina,
for Robert Johnson Deputv Governor, in pursuance of the Acts
of Trade and Navigation. [C.O. 5, 189. pp. 297-317.]
501 . Peter Heywood, Commander in Chief of Jamaica, to the
Council of Trade and Plantations. Acknowledges letter of 19th Jan.
received 28th Feb. Continues: The Coimcill Minutes wch. your
Lordships observed to be wanting being Minutes taken during
Lord A. Hamilton's Government, and Mr. Cockburn who before
and then acted as Clerk of the Councill being ordered to trans-
cribe all Minutes not sent home to the 6th Aug. last when Mr.
Croose was admitted to act in the absence of Mr. Page, and Mr.
Cockburn having been paid for transcribing them, I apprehended
they had either been transmitted or at least his Lordship would
have taken care for their safe coming before your Board. Upon
perusall of the Councill Book during the Governmt. of Ld. A.
Hamilton I find by a Memd. therein entered the Councill Minutes
were by his Lordpp. transmitted home to the 16th May inclusive,
and 'tis not to be doubted but his Lordship carryed with him copys
of the Minutes from that time to the 25th of July when his
Governmt. ended, tho' I admire his Lordship shd. have been
so remiss as not to have delivered them to your Lordships'
Board or have acquainted me of their not having been sent home
etc. I now transmit an attested copy of those Minutes from 16th
May to 25th July etc. I have given directions to the Clerk of the
Councill to observe the method your Lordships direct of marking
in the Councill book the time to wch. any Minutes shall for the
future be sent home. All the Councill Minutes (as well as the
Journall of the Assembly) during my Governmt. have been sent
home to the 9th Nov. last. And yr. Lordships will by the next
ships receive the Minutes from that time to 5th Feb. P.S.
May 10th. I send the Minutes to the 19th Feb. etc. Signed,
Peter Heywood. Endorsed, Reed. 8th July, Read 19th Nov.,
1717. 2 pp. [C.O. 137, 12. No. 96 ; and 138, 16. pp. 4-7.]
AMERICA AND WEST INDIES.
271
1717.
March 12.
502. Extract of letter from Mr. Bubb to Mr. Secretary
Methuen. Madrid, Feb. 1st, N.S. I have not yet received an
answer to my letter (v. 8th March), which is occasioned by the
uncertainty the Ministry is in : I have heard from Bilbao, that
they have thought a little better of it, and set the Capt. at liberty,
before I received the first complaint, they have also permitted
the confiscated fish to be sold, and the product to be deposited,
till further order of the King our Master. Endorsed, Reed, (from
ye Secry.'s Office) 12th March, Read 12th April, 1717. f p.
[C.O. 194, 6. No. 28.]
March 15.
St. James's.
503. H.M. Warrant extending leave of absence to Samuel
Woodward, Secretary of the Massachusets Bay, for 12 months
longer for the completion of his law suit, etc. Countersigned, P.
Methuen. [C.O. 324, 33. pp. 72, 73.]
March 16.
London.
504. Mr. Carkesse to Mr. Popple. The officers upon rumage-
m t ^ ie warehouse having found a box directed to you, I send
the same, etc. [The box apparently contained a letter from Mr.
Skene, Secretary of Barbados, with Naval Officer's lists of ships
entered and cleared at Barbados, 1703, 1704, etc. Ed.] Signed,
Cha. Carkesse. Endorsed, Reed. 16th, Read 20th March, 17}f.
Addressed. J p. [C.O. 28, 15. No. 4 ; and 29, 13. p. 372.]
March 18. 505. Joshua Gee to the Council of Trade and Plantations.
Reports upon the production of Naval Stores in the Plantations.
Continues : There are great quantities of iron mines in Pensil-
vania, the inhabitants are a very laborious and industrious
people, and have brought that Colony into better order than any
other in America, in the short time since their first settlement ;
they supply the West Indies with flower and provisions, and of
late have shipt large quantities of corn for Portugal and other
parts of Europe, to put themselves in a capacity of purchasing
in England cloathing and other necessaries which they want ;
and to inlarge their trade, and exchange their industry with us,
were desirous to put forward and make some progress in the
raising of hemp, which the Government was pleased, by Acts
passed in the 3rd and 4th and 12th Anne to incourage by allowing
a bounty on it ; and had proposed an incouragement from the
Governmt. to erect iron works in that Province, concluding that
such undertakings would receive as much countenance as pitch,
tar or any other production of America. But at present there
is a full stop to it, hearing that the Earl of Sutherland is per-
swaded by some persons that have been in those parts to petition
for a grant of the 3 lower counties, which have been enjoyed by
Wm. Penn ever since the first settlemt. without molestation,
and where the manufacture of hemp was begun ; but as a grant
of that country to any other Proprietor must of course frighten
away great part of the present inhabitants (who came there to
settle purely to enjoy liberty of conscience under a person of
272 COLONIAL PAPERS.
1717.
their own perswasion) and consequently render the country of
little value to any other Proprietor, 'tis hoped this noble Earl who
of late hath distinguish 'd his zeal for the rights and liberties of
the people at home, will not lend an ear to those who for private
ends endeavour to scrape a hole into the title of a Gentleman's
estate in America. [The inhabitants] are very easie under the
present administration, knowing the care there is taken that
they may not be prejudic'd in their properties ; if the purchase
made of that Governmt. by the late Queen (of which 1000 is
already paid) should be compleated, they would be well satisfied,
knowing the tender regard H.M. has for all his subjects immediatly
under the Crown, of which Barbados and the other Islands are
testimonies, where so many families have raised considerable
fortunes ; on the contrary, they see the dismall condition of
the Proprietary Qovernmt. of Carolina etc. In one undertaking
for raising hemp the Adventurers have already expended above
2000 in preparations etc-. There is one thing fit to be mentioned
which if not remedied will greatly lessen the advantage we
might enjoy in our Plantations, and obstruct these undertakings,
and that is the difficulty in sending servants over ; merchants and
captains of ships have been harrass'd and some imprison 'd and
put to great expence to get themselves cleared for only taking
servants, that have fairly bound themselves, and gone over with
free consent of such as appear 'd for parents, for which reason
white servants are rarely sent over of late, and consequently
the country in danger of becoming a land of negroes. Among
the number of sharping tricks used about this city, one is to have
a person represent the case of an honest servant out of imployment
that wanted to go to the Plantations, and tho bound before a
Magistrate, when shipt and gone, somebody pretending to be
father or near relation comes to demand the person sent away,
if not produc'd they serve those who transport them with a writ
de hominereplegiando and capias in Withernamia thereon founded.
By vertue of which writ the person so served is committed to
prison and not bailable ; thus merchants for fear of falling into
the hands of rogues neglect assisting thousands of people that
are industriously inclin'd etc. The Act of 1st James I. as well
as several other Acts were made for preventing persons being
sent beyond the seas without lycence, which Acts now are turned
against such as transport servants to our own Plantations which
doubtless is contrary to the intention of Parliament etc. Pro-
poses that it be enacted, that persons transporting servants
directly to our Plantations, shall not.be liable to be sued upon
any of the Statutes made against carrying people into foreign
countries, nor shall be liable to be taken up upon the aforesaid
writ ; and that six governors of Bridewell or the Workhouse be
given power to sign warrants for the exportation of children
caught picking pockets, etc. The bounty upon hemp ought to be
continued for a term of 20 years and for a similar term a prcemium
allowed upon iron, etc. 'Signed, Joshua Gee. Endorsed, Reed.
Read 18th March, 17jf. 2| closely written pp. [C.O. 5, 1265.
A T o. 58 ; and 5, 1293. pp. 77-88.]
AMERICA AND WEST INDIES.
273
1717.
March 18. 506. William Byrd to the Council of Trade and Plantations.
Proposals for the encouraging of making Naval Stores in Virginia.
The inhabitants to be allowed to pay quit-rents in naval stores
instead of money or tobacco as now etc. Signed, W. Byrd.
Endorsed, Reed. Read 18th March, 17}f. 1 p. [C.O. 5, 1318.
No. I.}
March 18. 507. Same to same. Proposals for encouraging the production
of hemp and other naval stores in the Plantations : Prompt
payment of the bounties, lengthening the time thereof to 20 years,
making such stores duty free, etc. The objection to this tar, that
it burns the cordage, arises from it's being made of the knots of
pine, and not of the trunk. When it is made there after the
methods of Norway and Sweden, it will be as good as any, etc.
Signed, W. Byrd. Endorsed, Reed. Read 18th March, 17ff.
2 closely written pp. [C.O. 323, 7. No. 78 ; and 324, 10.
pp. 100-106.]
March 18. 508. Thomas Coram to Mr. Popple. Encloses following,
in reply to the Council of Trade and Plantations. Signed,
Thomas Coram. Endorsed,, Reed. 18th, Read 20th March,
\ p. Enclosed,
508. i. Same to the Council of Trade and Plantations. Abstract.
( 1 ) Thinks the bounty of 6 pr. ton settled by Parliament
for good hemp etc. is enough, but as that bounty is all
given to the importer, the planters look upon it as no
benefit to them. Therefore let each raiser of good hemp
have the bounty paid him by the Province where the
same shall be raised, and be exempted from being
imprest to serve as a soldier, otherwise than in the
militia, etc. (2) There is plenty of iron oare in New
England, and several iron works ; but the iron hitherto
made there is generally bad for want of skilful workmen
and encouragement. Has had good iron made there
for a ship built in 1698, the chain plates of which he
saw remaining in 1711. To encourage the making of
good iron in the Plantations and importing it into the
United Kingdom, proposes bounty of 40s. pr. ton etc.
and exemption from pressing for the maker etc. Printed,
N. J. Archives, 1st Ser. IV. 286. Signed, Thomas
Coram. 3pp. [C.O. 323, 7. Nos. 82, 83 ; and 324, 10.
pp. 107-111.]
[March 20.] 509. Disbanded officers and soldiers to the Council of Trade
and Plantations. Petitioners for a settlement between New
England and Nova Scotia persuant to your Lordships' directions
has brought a copy of the Charter of King Charles II. to the Duke
of York whereby it will appear that the bounds of New Scotland
reached noe further that way then the River of St. Croix, on the
other hand it will appeare by the Charter of New England that
King William allowed the said land as well as Nova Scotia to be
under their protection but reserved to the Crown the power
Wt. 26355. C.P. 18.
274
COLONIAL PAPERS.
1717.
of makeing grants of the said land. But when the Massetusetts
Colony found they had noe power of makeing grants of any lands
there would not be at the expence of protecting the said land but
neglected the same and sufferred the Royal Fort at Pemaquid
to be taken without any resistance at all, and surrendred the
same to the French to whome it remained till the conquest of
Nova Scotia in 1 7 1 0. Neither would the Massecusetts be prevailed
on to rebuild the said Fort altho' requested to doe it by her
late Majestie etc. By which it apears that all the said land and
islands between the River St. Croix and the Province of Main did
formerly and doth now belong to the Crowne. Endorsed, Reed.
20th March, Read 15th May, 1717. f p. [C.O. 217, 2. No. 21.]
March 22. 51 0. Mr. Burchett to Mr. Popple. My Lords of the Admiralty
Admty. Office, desire you would lay the enclosed before the Lords Commrs. for
Trade, that if they approve it, they may put it into such a method
as they shall judge most proper. Signed, J. Burchett. Endorsed,
Reed. 22nd, Read 23rd March, 17 jf. Addressed. 1 p. En-
closed,
510. i. Mr. Bridger to Mr. Burchett. The Act for the preserva-
tion of white and other pine trees preserves only those of
24 in. diameter at one foot from the earth. The people
[of New England] cut all the young trees, and plead the
Act. Unless there be an amendment made to the Act, it
will be impossible to save the woods. It would not a
little advance the production of hemp if H.M. would send
over to New England etc. 100 bushels of seed, to be
given to proper persons, whose land is adapted to that
service. There is very little seed there etc. And
whereas turpentine, is no Naval Store, and the making
of it very destructive to the woods, which is proper for
making tar, I most humbly submitt it, whether the
premium ought to be continued thereon. And as
the premium given for tar imported from H.M. Planta-
tions, makes no difference betwixt the tar made from
the green or prepared tree, and that made from knotts,
I propose that a distinction be made ; which will very
much promote the making of the tar from the tree
prepared which is the best sort. Copy. 1| pp. [C.O.
5, 866. Nos. 107, 107 i. ; and (without enclosure) 5, 915.
pp. 31, 32.]
511. Petition of Edward Byam of London, merchant, in
behalf of Archibald Cochran of Antigua to the Council of Trade
and Plantations. Prays that his appointment by the Governor to
the Council of Antigua may be confirmed etc. Endorsed, Reed.
Read 25th March, 1717. f p. [C.O. 152, 11. No. 50.]
512. Council of Trade and Plantations to the King. Recom-
mend appointment of Archibald Cochran to the Council of Antigua,
in place of Barry Tankard resigned (v. 12th July). [C.O. 153,
12. pp. 611, 512.]
March 25.
March 25.
Whitehall.
AMERICA AND WEST INDIES. 275
1717.
March 25. 513. Petty expences of the Board of Trade postage,
stationery, etc., from Christmas, 1716, to Lady Day, 1717. 4 pp.
[C.O. 388, 77. Nos. 24, 26, 28.]
March 27. 514. Earl of Sutherland to the Council of Trade and Planta-
Marlborough tions. Ther is ane hearing this evening befor the attourney and
iiodoark solicitor Generall about the three lower Counties etc. Prays for
" an authentick double of Mr. Penn's declaration when Mr.
Keith was sent Governour thither." Signed, Sutherland.
Endorsed, Reed. Read 27th March, 1717. 1 p. [C.O. 5, 1265.
No. 59.]
March 28. 515. Council of Trade and Plantations to Mr. Secretary
Whitehall. Methuen. Enclose following in reply to 29th Jan., to be laid
before H.M. Autograph signatures. 1 p. Annexed,*
515. i. Same to the King. Representation upon Naval Stores
from the Plantations. Before we enter upon particulars
we humbly take leave to represent some of the many
great advantages which will accrue to this Kingdom from
the establishment of a trade for Naval Stores from your
Majesty's Plantations. (1) We observe that the people
on the Northern Continent of America, not having
sufficient returns of their own production for the goods
sent them from Great Britain have been of late years
under a necessity of applying themselves very much
to the woollen, linnen and other manufactures in order
to cloath themselves to the great disadvantage of the
Trade of this Kingdom, and we do not see how the same
can be prevented otherways than by engaging them to
turn their thoughts and industry another way to their
own profit ; which we humbly conceive may be most
advantageously done by giving encouragement to
the production and importation of Naval Stores from
thence. (2) This will not only occasion an increase in
the exportation of our woollen and other manufactures,
but also enable us to purchase Naval Stores by such
manufactures instead of buying them with bullion
exported to the Northern Crowns. How this trade was
carried on during the time of the former Peace to our
disadvantage on this account will appear by the state of
it hereunto annexed. (3) It will also considerably
encrease our Navigation by a necessary addition to our
shipping for the Plantations, and at the same time
lessen the Navigation of the Northern Crowns, Denmark
and Sweden having been generally the carryers of all the
trade between us and them, when the commerce of the
Baltick was undisturb'd, and we have reason to appre-
hend from what appear'd to us when we had lately under
consideration the project of a Treaty of Commerce
offer'd by the Czar that his Czarish Majesty (who is now
in possession of the countries from whence we us'd to be
supply'd with good part of our Naval Stores) has it in
276 COLONIAL PAPERS.
1717.
view to export all such commodities in Muscovite
bottoms. We might add several other obvious advan-
tages which would arise from the establishing this trade
with your Majesty's Plantations, such as preventing the
Northern Crowns from monopolizing Naval Stores and
freeing this Kingdom from a dependance on them for
those commodities, which renders our necessary supplies
very precarious, and is attended with great expence
in time of war. We now proceed to answer your
Majesty's particular commands, and in obedience thereto,
do first of all lay before your Majesty an acct. of the
quantities of Naval Stores furnish 'd from your Majesty's
Plantations for the year 1715 : Pitch and tar, 25,279
barrls. ; rozin 86^ cwt., turpentine 11, 21 If cwt., masts
great, 101, middle, 18, small 4. But that your Majesty
may have a more full and distinct view of the increase
of the importation of Naval Stores from your Planta-
tions, and an entire state of our trade in those commodi-
ties refer to enclosure ii. In order to report our opinion
what incouragements may be proper to be given for
procuring greater quantities of such stores from America,
we have discours'd and consulted with sevl. persons
who have lived in those parts, and such others as
are look'd upon to be well skill'd in each respective
species. Upon which we humbly take leave to represent
that the annual consumption in this Kingdom of pitch
and tar is about 40,000 barls., and of hemp about 7,000
tons. We cannot give a particular acct. of our con-
sumption of iron not knowing exactly the quantities
made in this Kingdom, but we find there has been
annually imported from Sweden about 14,000 tons, from
Spain and other parts abt. 2,600 tons. What part of the
pitch and tar has been imported from the Plantations
will appear by enclosure ii., as well as the increase for
some years past, and there is no doubt but the Planta-
tions are capable of furnishing not only this Kingdom
but even a great part of Europe with such stores were
there due encouragement given and the necessary
precautions and care taken in the manufacturing of
them ; the whole Continent from Nova Scotia to South
Carolina abounding with trees fit for masts and all sorts
of ship timber, and trees fit for producing tar, rozin and
turpentine. The soil in many places is proper for
hemp, besides that there are plenty of iron mines in
several parts of that country ; of all which we shall
take leave to lay before your Majesty such particular
accts. as we have receiv'd on this occasion. (1) As to
pitch all persons whom we have consulted do allow that
there is no better than that made out of the Plantation
tar ; and it is found so good that it has not only reduc'd
the price of Swedish pitch from 14 to 7s. pr. cwt., but
at present bears an equal price with it, notwithstanding
AMERICA AND WEST INDIES. 277
1717.
the importation of it from Sweden has been very
inconsiderable the two last years, wch. otherwise must
have very much rais'd its value. The only objection
we have heard to our Plantation tar is its not being so
proper for cordage as that of Sweden by reason of a hot
or burning quality which is said to render it unfit for
that manufacture. Upon which we take leave to
observe that this quality is universally represented to
proceed from the unskilfulness or negligence of the
manufacturers who have hitherto made their tar out of
fallen trees or dry knots which they find in the woods
without being at the pains of preparing the trees as is
done in the Northern Countries. But notwithstanding
this defect in the making of it, 'tis agreed on all hands
that the first running of the tar as now made even from
the fallen trees and knots if kept separate from the
rest is in no respect inferior to the tar of Stockholm for
cordage, as has been certified to us from several Rope-
makers of London, who affirmed that some of them had
used Plantation tar these 16 years and found it good,
and that of late we have had some of it in such perfection
(by keeping the first separate from the second running)
that it is as good for cordage as any whatsoever, and
us'd by all the rope-makers here, tho they sometimes
undervalue it to the importer in order to beat down the
price. The said ropemakers added that there was not
on the 25th Feb. last 20 barls. of Swedish tar to be
'bought in London which might be work'd up in 7 days,
and therefore we must conclude that the Plantation
tar is generally made use of. As for the second running
of tar which is say'd to have the hot burning quality
(and of which there is the far greatest consumption)
it is at least equal with the Swedish for the sides and
bottoms of ships and all other uses. As to the encour-
agement the prcemium of 7 pr. ton allow 'd by the Act
of Parliament etc. is agreed by all we have discours'd
with to be sufficient, were it readily paid by way of
debenture at the Custom House and granted for a further
term of years. Turpentine from the Plantations is
allowed to be as good and usefull as any whatever, very
little of that commodity having for sevl. years last past
been imported from any other parts. And as rozin
is made out of turpentine we observe that the importa-
tion of the former has very much decrease 'd from all
parts in proportion as the importation of the other has
increas'd. The present prcemium of 3 pr. ton upon
turpentine and rozin is found to be sufficient encourage-
ment. We further humbly represent that most of
the Plantations are capable of producing good hemp,
as is well known at present from the experience of many
who have made tryals of it. We have been informed
by Mr. Bridger your Majesty's Surveyor of the Woods
278 COLONIAL PAPERS.
1717.
in those parts, that ho had sown and caus'd to be sown,
hemp seed one year in several places in New England and
New Hampshire and that not one place fail'd to produce
a good crop. We are also inform 'd that several persons
are so well perswaded of the fitness of land for raising
of hemp in the three lower Counties contiguous to Penn-
sylvania that they have already laid out about 2000
in purchasing land there and in clearing and draining
the same and preparing and fitting it for hemp seed, and
in other matters relating to that work and that when
the last letters came away there was a promising appear-
ance of what they had sown for a tryal, almost ripe.
The like experiment has also been made in Carolina,
Virginia and in other Provinces, and found to answer
expectation ; And by the information we have had
we are indue 'd to believe that the marshy or swampy
grounds of which there are large tracts on the Continent
of America are very fit for producing this commodity.
There is at present a prcemium of 6 pr. ton allowed
by Act of Parliament upon the importation of hemp,
waterrotted bright and clean wch. we conceive sufficient
were it paid by way of debenture at the Custom House
upon importation, so that there be no discount upon it.
There being already one third of the term allow'd by
the present Act expir'd, and as the remaining part of
that term will draw towards a conclusion before the
planters can bring the design to perfection and receive
the reward on importation into this Kingdom, we think
it necessary that the said remaining term unexpir'd
be prolong'd to twenty years. As a further encourage-
ment we humbly submit it to your Majesty's consider-
ation whether it may not be proper to allow the in-
habitants to pay their taxes and quit rents to the Crown
in hemp waterrotted bright and clean, and in order to
set them immediately upon this work and to propagate
among them the best sort of hemp w r hether it may not be
likewise advisable to supply them at first with a small
quantity of the best hempseed gratis. Iron ore is
to be found in great plenty and very good in all the
Provinces on the Continent, for the manufactory of
which they have great conveniencies from the woods
and rivers proper for mills in which those countries
particularly abound. We have amongst others dis-
cours'd with a person who built a ship at Taunton in
New England, and made his chain plates and rudder
irons of the iron of that town, and found it proved as
good for that purpose as the iron of Sweden. If there-
fore this iron is capable of serving where the greatest
stress is requir'd, it must needs be good for other uses.
As the expence of erecting of forges and other
conveniencies for that work, and of sending over
skilful workmen, will be very great, it has been propos'd
AMERICA AND WEST INDIES. 279
1717.
to us that a proemiimi of C-'> pr. ton on bar or hammer'd
iron, and 30 sh. upon cast iron duty free, be allow'd by
Parliament for the term of 20 years upon all iron
imported from thence. This we conceive not improper
to be granted provided there be due restrictions to
prevent their interfering with the manufacture of
wrought iron in Great Britain. And in this case we
likewise submit it to your Majesty whether it may not
be proper to allow the inhabitants to pay their taxes
and quit rents to the Crown in iron. In relation to
timber besides the trees fit for tar, rozin and masts,
there are vast quantities of others in the woods such as
oak, cypress, cedar and pine which will afford planks
and boards from 20 to 40 foot long free from knots, of
a fine grain and proper for flooring as well as building of
ships, which has been experienc'd by the many ships
and vessels built in the Plantations that have done as
good service as those built here. By this means a
considerable trade might be carried on between this
Kingdom and those parts, and consequently the bullion
which we annually send to the East Country for those
commodities would be kept at home. But at present
by reason of the length of the voyage the freight is so
high that such timber from America cannot be had so
cheap as from the Northern Crowns. We therefore
humbly offer that such timber as aforesaid imported
from the Plantations may be exempted from the duties
to which they are now lyable ; these duties are indeed
lower than those of the like timber from the Northern
Crowns ; but the difference in the frieght has hitherto
made this encouragement insufficient, whereas we have
reason to believe the entire taking off the duties would
prove effectual. In case your Majesty shall be graciously
pleas 'd to approve of what we have the honour to lay
before your Majesty, we humbly propose that the
prceemption or refusal of the several abovemention'd
species of Naval Stores be offered and tender'd to the
Commissrs. of your Majesty's Navy upon landing the
same, and if within the term of 20 days after such tender
the said Commissrs. shall not bargain for the same, the
importers be then at Liberty to sell such naval stores to
the best advantage. We have in this our report confin'd
ourselves to the consideration of such encouragements
as may be given here in case your Majesty shall approve
thereof ; but as your Majesty's Govrs. in America may
very much contribute to the promoting of this design
by recommending to the respective Assemblies such
particulars as may be proper to be done on their part,
we shall be ready upon receiving your Majesty's com-
mands to prepare letters for this effect, or to make such
draughts of Instructions as may give life to an under-
taking which we conceive may prove so beneficial to
280 COLONIAL PAPERS.
1717.
your Majesty's Plantations and appears so necessary
to the welfare of this Kingdom. Autograph signatures.
16 pp. Annexed,
515. ii. Balance of goods imported from and exported to
Denmark, Norway, East Countrey, Russia and Sweden
after the Treaty of Ryswick from Michaelmas, 1697, to
Christmas, 1701, annually : Imports, 581,858 17s. 2d.
Exports, 305,876 16s. 2d. Balance to the prejudice of
this Kingdom, 275,982 Is.
515. iii. Account of pitch, tar, hemp, rozin, turpentine and
masts imported to England from Christmas, 1700-1715.
[C.O. 5, 4. Nos. 17, 17 i. ; and 389, 26. pp. 71-91.]
March 29. 516. Mr. Lewen to the Council of Trade and Plantations.
London. States his view of the case of M. Tulon (Feb. 12). The two
fishing admirals, Weston and Cleves, are returned to St. Peters
with heavy hearts, resolving not to hinder any foreigners from
fishing there unless they learn that a due regard be had to their
representation etc. Signed, Geo. Lewen. Endorsed, Reed. 29th
March, Read 9th April, 1717. 1 p. [C.O. 194, 6. No. 26.]
March 29- 51 7. Extracts of letter from South Carolina (a) 29^ March.
April 27. Wee can't be easie long without hearing of mischief being done
by our enemys, about 5 days since poor Wm. Stead was kill'd
at a cowpen he had 6 miles from Edystow River Bluff etc.
(b) 30th March, 1717. Reports death of Stead and Mr. and Mrs.
Wm. Saunders etc.
(c) 25th April, 1717. I am in great hopes before you leave
England that you will gett this country into the King's hands,
for I cannot see as yet any end to our Indian warr etc.
(d) 27th April, 1717. Reports negotiations with the Creeks
etc. cf. 25th April. At Charles Towne we are ready to eat up one
another for want of provisions, and what we can get is very bad,
etc. Our bills are become of no value etc. Signed, Richd.
Beresford. Endorsed, Reed. Read 26th June, 1717. 2pp. [C.O.
5, 1265. No. 70.]
April 4. 51 8. Council of Trade and Plantations to Mr. Secretary
Whitehall. Methuen. We send you the inclos'd extract of letter from Col.
Heywood, Commander in Chief of Jamaica, Dec. 3rd last, giving
an account of the increase of pirates and the mischief they have
done in those parts, with our humble opinion that some speedy
care shou'd be taken therein, lest our Trade in those seas continue
to be interrupted by them, and they become too powerfull to be
reduc'd without an extraordinary force and expence, wch. you
will please to lay before H.M. for.His pleasure thereupon. Auto-
graph signatures. 1 p. Enclosed,
518. i.-v. Extracts and copies of depositions relating to pirates
v. C.S.P. Dec. 3, 1716. [C.O. 137, 46. Nos. 24, 24
i.-v. ; and (without enclosures] 138, 15. pp. 212, 213.]
AMERICA AND WEST INDIES.
281
1717.
April 4.
Whitehall.
519. Council of Trade and Plantations to Mr. Secretary
Moth uen. Col. Hoy wood having represented to us (Dec. 3)
the ill state of H.M. forces in Jamaica, wth. relation to arms,
cloathing and recruits ; we inclose to you an extract thereof,
which you will please to lay before H.M. for his pleasure thereupon.
Autograph signatures. 1 p. Enclosed,
519. i. Extract from Col. Heywood's letter, v. C.S.P. Dec. 3,
1716. [C.O. 137, 46. Nos. 25, 25 i. ; and (without
enclosure] 138, 15. p. 214.]
April 4. 520. H.M. Warrant appointing Archibald Cochran to the
St. James's. Council of Antegoa etc. Countersigned, P. Methuen. [C.O. 324,
33. p. 73.]
April 5.
Whitehall.
April 5.
Virginia.
521. Mr. Popple to Sir Edward Northey. Encloses Act of
Jamaica, Nov., 1716, to prevent negroes being evidence against
the wife and sons of John Williams, a free negro, for his opinion in
point of law. [C.O. 138, 15. p. 215.]
522. Lt. Governor Spotswood to the Council of Trade and
Plantations. Abstract. In reply to letter of 1st June, comments
on enclosed claim of the Council to be sole judges of life and
death etc. As to the right they claim by the constant practice of
the Government, that is not true, for there are sundry instances
of other gentlemen being joined with them in special commissions
of Oyer and Terminer. Explains and criticises the attitude
taken up by some of the Councillors in giving different opinions
in their different capacities, as members of Council and members
of General Assembly etc. Will pursue his measures for the
education of the Indian children, since that design is approved by
the Board. Continues : I should be sorry if any part of the
regulations established for the better Government of our Tribu-
tarys should merit yor. Lordps. censure : and therefore to clear
that particular of restraining the Indians from coming among the
British settlements, I beg leave to informe yor. Lordps. what
manner of people they are with whom our friendly Indians used
chiefly to converse, and what restraint is now laid on them therein.
The inhabitants of our frontiers are generally composed of such
as have been transported hither as servants, and being out of
their time, go out and settle themselves there where is good land
to be taken up and that will produce necessarys of life with little
labour ; tis pretty well known what morals such people bring
with them hither, which are not like to be much mended by their
scituation remote from all places of publick worship : they are
so little concerned about Religion, that the children of many of
the inhabitants of these frontier settlements are twenty and some
thirty years of age ere they are baptized and some not at all.
These are the nearest neighbours to the Indians by whose
principles or practices they are not like to be much improved.
But this is not aU. For these people knowing the Indians
to be lovers of strong liquor, made no scruple of first making them
282 COLONIAL PAPERS.
1717.
drunk, and then cheating them of their skins, and even of beating
them into the bargain. On the other hand, the Indians being
unacquainted with the methods of obtaining reparation by law,
frequently revenged themselves by the murder of the persons who
thus treated them, or (according to their notion of satisfaction)
of the next Englishman they could most easily cutt off, and 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. Hence yor. Lordps. may judge whether a frequent
intercourse and communication between such people and the
Indians be like either to reform their morals or promote a good
understanding with them : and as to gaining a nearer friendship
by intermarriages as the custom of the French is, the inclinations
of our people are not the same with those of that Nation, for
notwithstanding the long intercourse between the inhabitants
of this country and the Indians, and their living among one
another for so many years, I cannot hear of one Englishman that
has an Indian wife, or an Indian marryed to a white woman. As
to the restraint on the Indians from resorting to the British
Plantations, yor. Lordps. will observe in the law for the better
regulation of the Indian trade, that they are not entirely prohibited
coming among the inhabitants ; but only enjoined when they
have occasion to repair to the British settlements, to make
known to the person deputed by the Governor for granting pass-
ports, the occasion of their journey, the number they intend to
carry in, and the time they desire to stay, and accordingly a
passport is granted. By this means if any disorders should be
committed by them, it can be known by what Nation the same
were done, and whom to call to account for it : whereas heretofore
whatever mischief was committed among the English, it was
impossible to discover the authors, while all Indians whatsoever
had liberty to disperse themselves at pleasure about the country.
Experience has show'd already the benefite of this regulation ;
for since it was put in practice there has not been one murther
committed on the frontiers, nor scarce a complaint of any injury
on either side, etc. Has mett with very ill treatment both from
North and South Carolina for the service he did them. No
promises have been observed on their part ; and he is forced to
bear the clamours and reproach of the people sent from hence to
the relief of South Carolina for all the ill usage and disappoint-
ments they mett with there etc. Is sending a representation
on that affair (v. 30th April). Continues : As I shall ever
resign my own opinion to be govern'd by that of yor. Lordps.
Board, so I readily acquiesce in yr. sentiments of my Speech
to the last House of Burgesses : and whenever I have occasion
to caU another Assembly (wch. the Council have now twice
given their opinion not to be immediatly necessary) yor.
Lordps. advice will engage me to treat them with the greater
complaisance, for the sharp expressions used to the other. How-
ever I can assure yor. Lordps. nothing in that Speech has had those
dangerous consequences which yor. Lordps. seem to apprehend
AMERICA AND WEST INDIES. 283
1717.
from it. The people of best consideration, who knew the char-
acters and behaviour of the late Burgesses are far from being
displeased with my treatment of them, and I doubt not whenever
a new Assembly is called, I shal have interest enough to get good
men chosen, and dexterity to manage them for H.M. service.
The proposal I sent yor. Lordps. for determining the bounds
between Virginia and North Carolina, was such etc. as I conceived
very much for H.M. interest. I sent yor Lordps. also the best
sketch I could obtain of those bounds, but it is impossible without
a very great charge in runing the line to describe the exact limits
to be established according to that proposal. The Governor of
North Carolina tells me he has received the approbation of the
Lords Proprietors thereon, and as soon as yor. Lordps. shal
signify H.M. pleasure, I shal immediatly apply myself to putting
an end to that affair, for I am of opinion that it were much better
for both Governments to lose the land in controversy than to leave
it long undecided it being impossible to restrain people from seating
themselves on that land where they live without either Religion
or Government, and it may be very difficult hereafter when their
numbers encrease, to reduce them again to either, etc., etc.
Will send by next conveyance his own and the Council's remarks
on the merchants' petition and objections agt. the law for the
better regulation of the Indian trade, etc. Continues : It may
not be improper to inform yor. Lordps. (now that you are to have
again under consideration the Council's pretentions to be the
sole judges of the Oyer and Terminer Courts) what influence the
present constitution of that Body have upon the ordinary course
of Justice. The last General Court the King's cause agt. CoUo.
Ludwell, could not be tryed for want of Judges, tho' there were
that very day ten on the Bench ; but so many of them of Mr.
Lud well's relations, that there were not five left to go on with the
tryal ; and the same obstruction often happens when any of that
family are defendants. And therefore yor. Lordps. may judge
whether it be fitt to lodge still a greater power in the same hands,
and to give them the sole jurisdiction over the lives, as they have
already over the estates of all the subjects of Virginia. Signed,
A. Spotswood. Endorsed, Reed, llth May, Read 23rd Aug.,
1717. 7 1 pp. Printed, Spotswood Papers, II. 224. Enclosed,
522. i. Council of Virginia to Lt. Governor Spotswood. Praise
his civility, justice and moderation. Represent that
in the last Commission of Oyer and Terminer some other
persons were joined with the Council. The appointment
of any other persons but the Council in that Commission
would much divest the General Court of its jurisdiction,
which is not only founded on the late law, but also upon
the constant usage of this Dominion, no instance being
upon record that any other stated Court of Judicature
hath had cognizance of life and member but the Genii.
Court only etc. It would be hard that men's lives should
be tryed by more inferiour Judges than their fortunes,
of which the last resort in this country is in the General
Court etc. If H.E. shall still be pleased in those Courts
284
COLONIAL PAPE&S.
1717.
April 8.
N. York.
April 8.
Whitehall.
April 9.
to join other persons with the Council, pray him to
dispence with their attendance on such occasions etc.
Signed, Robert Carter, Phill. Ludwell, Hen. Duke, John
Smith, Jon. Custis, John Lewis, W. Byrd, Will. Fitzhugh.
Endorsed, as preceding. Copy. 3 pp. [C.O. 5, 1318.
Nos. 22, 22 i. ; and (without enclosure) 5, 1364. pp.
505-519.]
523. Governor Hunter to the Council of Trade and Planta-
tions. Abstract. Sends Minutes of Assembly of N. Jersey and
acts passed last session (enumerated] including an act for repealing
an act for ascertaining the place of the Assembly etc., that act having
been carried by the most notorious tricks ever put in practice
and being unjust in itself and a clog on the administration, and
the pretended grounds for it entirely removed by the encrease
of the people and building at Amboy etc. The act to enforce
the payment of 340 oz. of plate due from the inhabitants of Burlington
county etc., was occasioned by Mr. Hewlings one of the expelled
members of the Assembly and Mr. Cox's chief minister, who being
assessor for that county chose to incur the penalty by a former
act, rather than do his duty in assessing, in order to put a stop to
the payment of taxes etc. The Province enjoys more perfect
tranquility than it has ever known. Cox's very accomplices are
sick of him. Has sent papers relating to him to Mr. Philips.
If such as Cox, Mulford and Sonmans, all notorious criminals
fled from justice, meet with encouragement on that side, the
Board will have more trouble than is reasonable. Sends Talbot's
letter and that of the other gentleman (Feb. 13) to Mr. Philips.
Talbot is unwilling to be an informer, but will not decline giving
evidence. Printed, N. J. Archives, 1st Ser., IV. 291. Signed,
Ro. Hunter. Endorsed, Reed. 21st May, Read 27th Nov., 1717.
2| pp. [C.O. 5, 971. No. 29 ; and 5, 995. pp. 374-379.]
524. Mr. Secretary Methuen to the Council of Trade and
Plantations. I have laid before the King your letter of 6th Feb. etc.
He looks upon the Treaty of Neutrality etc. to be still in force.
And altho' there should [? not] be any doubt of it, or any room to
think otherwise, yet since the Governors of the French Plantations
in America have orders from their Court as it appears from Mor. du
Quesne's letter to Mr. Lowther that they have not to suffer H.M.
subjects to trade with their Colonies, they ought to be restrain'd
from doing it by H.M. own Governors ; and in like manner the
French should not be suffered to trade with H.M. Plantations.
This H.M. thinks fit yt. your Lordships slid, signify as His
pleasure, in such manner as you shall judge proper to Mr. Lowther
and the rest of H.M. Governors in America. Signed, P. Methuen.
Endorsed, Reed. 8th, Read 9th April, 1717. 1 p. [C.O. 28,
15. No. 5 ; and 29, 13. pp. 373, 374.]
525. Alex. Valier to the Council of Trade and Plantations.
Prays for report upon Mr. Tulon's case. The season being so
far gone, he is in danger of losing the year's fishing, and of his
AMERICA AND WEST INDIES.
285
1717.
habitation perishing, (v. Feb. 12). Signed, Alex. Valier. En-
dorsed, Reed. Read 9th April, 1717. 1 p. [C.O. 194, 6. No. 25.]
April 12. 526. Mr. Secretary Stanhope to the Council of Trade and
Whitehall. Plantations. The King having taken into mature consideration
your letter of 19th Dec. last etc., commands me to transmit the
following observations according to which you are to form the
Instructions to be given to Mr. Pitt, appointed H.M. Governor of
Jamaica. As to the 1st point, it seems reasonable that the Governor
should be instructed to support the prerogative of the Crown,
and to insist that the Assemblys have no right to adjourn them-
selves, otherwise then de die in diem except over Sundays, without
leave of the Governor. As to the 2nd point, it appears to H.M.
that the present Board of Trade, and the last, have given it as
their opinion, that the Councill has a right to amend money-bills
that are sent up to them by the Assembly ; which being likewise
warranted by so many precedents, H.M. agrees to the same.
As to the 3rd, the Receiver General of Jamaica being appointed
by patent under the Great Seal of this Kingdom, it is not conceived
how that can well be altered. Besides which the naming the
Receiver by the Assembly may perhaps be attended with many
inconveniencys, and ill consequences. As to the 4th, 5th, 6th
and 7th points, which relate to the past and future subsistance
of the soldiers etc., the Governor is to be instructed to recommend
them very strongly to the Assembly, and to use his best endeavours
that they may be provided for. The Governor may further be
instructed to promise in H.M. name that the two Companys of
soldiers shall be sent from the Island as soon as there are white
people enough established there to defend it against the attempts
of any enemys from without, and the negroe slaves within.
As to the 8th and 9th points what is suggested by your report
seems to be very right. As to the 10th, it ought to be considered,
whether it be not already sufficiently provided for by the Order
of Councill, or whether a clause pursuant to that Order should
not be inserted in the Governor's Instructions. As to the llth
the Law, upon which the Instructions formerly given to Governors
were superseded, being now expired, it seems reasonable that the
same Instructions should be revived again. As to the 12th,
it must be concerted with the Lords of the Admiralty ; but the
present condition of our trade in America, and the great number
of pirates that do at present infest those seas, seem to require
that one or more of H.M. ships should attend on the Island of
Jamaica. As to the 13th concerning the Governor's pretension
of appointing himself, or naming a Clerk to the Assembly, it
appears not to have been the practice for many years, and
seems to be overruled by prescription. Signed, James Stanhope.
Endorsed, Reed. Read' 16th April, 1717. 3| pp. [C.O. 137,
12. No. 43 ; and 138, 15. pp. 216-219.]
April 15. 527. Extract of letter from Virginia. Our coast is now in-
Rappa. fested with py rates. A Whitehaven man was taken about 20
leagues off the Capo. The pirates boasted they had taken 50
286 COLONIAL PAPERS.
1717.
ships. Instead of one man of war to attend us, we ought to have
half a dozen, etc. Endorsed, Reed, (from Micajah Perry). Read
31st May, 1717. l$pp. [.#.5,1318. No. 4.]
[April 15.] 528. Disbanded officers and soldiers, petitioners for land
between Nova Scotia and Maine, to the Council of Trade and
Plantations. If H.M. will grant them the said lands (v. March
2nd) with such encouragement as the Board thinks fit, they will
transport themselves at their own expense, etc. Endorsed, Reed.
15th April, Read 15th May, 1717. %p. [C.O. 217, 2. No. 23.]
April 15. 529. Mr. Burchett to Mr. Popple. About the beginning of
Admty. Office, the next month there will be a fourth rate, and a sixth rate sent
to Newfoundland, and Capt. Wm. Passenger of the Newcastle,
will be Commander in Chief. Desires that the necessary heads
of enquiry be prepared for him. Signed, J. Burchett. Endorsed,
Reed. 17th April, Read 6th May, 1717. Addressed,. 1 p. [C.O.
194, 6. . No. 30 ; and 195, 6. pp. 315, 316.]
April 16. 530. Lt. Governor Spotswood to the Council of Trade and
Virginia. Plantations. Abstract. Acknowledges letter of 17th Aug., and
explains origin and defends provisions of Act for the better regula-
tion of the Indian trade. Refers to Memorial of Indian Company
etc. Signed, A. Spotswood. Endorsed, Reed. 1 9th, Read 2 1st June,
1717. 1pp. Printed,VM.S.C., Spots. Papers, II. 238. Enclosed,
530. i. Council of Virginia to the Council of Trade and Plant-
ations. 2nd May, 1717. Reply to 17th Aug., 1716.
The management of the Indian trade by a Company will
prove much more beneficial to the commerce of this
country than the former management of seperate traders
etc. Signed, E. Jenings, Robert Carter, James Blair, Phill.
Ludwell, John Lewis, Wm. Bassett, Edmd. Berkeley.
Endorsed as preceding. 3 pp. [C.O. 5, 1318. Nos. 6,
6 i. ; and (without enclosure) 5, 1364. pp. 448-462.]
April 16. 531. Mr. Attorney General to the Council of Trade and
Plantations. Reply to April 5th. By the annext affidavit it
does appear, that John Williams, his wife, and children have
all been baptized in the Christian faith, etc., and that the reason
of making this law is, f6r that by a law of Jamaica for the better
order and government of slaves, the evidence of one slave agt.
another that is or has been a slave is admitted, etc., and not
against any other. I have no objection agt. this law, for that it
is reasonable that a slave converted to the Christian Religion being
made free should be admitted to the same priviledges with other
freemen, etc. Signed, Edw. Northey. Endorsed, Reed. 17th
April, Read 6th May, 1717. 1| pp. Enclosed,
531. i. Deposition of Francis Oldfield, llth April, 1717, that
John Williams and his family have been freed, baptised,
and profess the Protestant religion etc. Signed, Fras.
Oldfield. \ p. [C.O. 137, 12. Nos. 44, ,44 i. ; and
138, 15. pp. 220-223.]
AMERICA AND WEST INDIES. 287
1717.
April 10. 532. Council of Trade and Plantations to Mr. Secretary
Addison. Walter Hamilton, Esqr., H.M. Governor of the
Leeward Islands, is by one of his Instructions restrain'd from
passing any law or act, for any gift or present to him, by any of the
Assemblies of the said Islands ; but in consideration, that there
is no house in any of the said Islands for the reception of H.M.
Governor in chief, H.M. is pleas 'd to permit the General Assemblies
there, to provide a house or rent for the same, out of their publick
levies ; provided the assignment of such house or rent, be made
at the first session of Assembly after his arrival, and for the whole
time of his Government, and provided that the sum so assign'd,
do not exceed 400 pr. annum, to be paid him in proportion to
the number of days he shall actually reside upon each Island
respectively. Upon this occasion, we take leave to observe
some inconveniences, arising from the foregoing Instruction. We
do not conceive in the first place, how the said Assemblies at
their first setting, after a Governor's arrival, can give a sum to be
paid him annually in proportion to the number of days he shall
reside upon each Island, it being impossible to know what exigen-
cies or occasions there may be, to require the continuance of his
residence upon each or any of them. But as Antigoa is the
windermost of the said Islands, and by consequence most
convenient for the Govr. to go to the relief of the others, in case
of need, it is and has always been the place, where the Governor
in Chief has most resided. If therefore the Assembly of Antigoa
should give the Governor a certain sum, the same difficulty of
proportioning the share of the other three Islands, will still
remain, and renders the execution of this Instruction in a great
measure impracticable. The Governor however, having laid
this Instruction before the first Assembly he held at Antigoa,
they immediately pass'd an Act for settling the sum of 1000
current money of that Island pr. annum upon him during his
Government. Tho' this sum exceeds that limitted by the
Instruction, the Governor was necessitated to pass the Act, and
submit it to H.M. pleasure, or else he must have lost the oppor-
tunity of getting house rent, being restrain'd to have it done at
the first Assembly after his arrival ; but he has writ us, that he
neither has, nor will receive any part of it, till H.M. pleasure be
known. We have consider'd the said Act, and have discours'd
with several Gentlemen concern 'd in, and well acquainted with
those Islands ; who have assur'd us that the said 1000 being to
be paid in the current money of Antigoa, that is in sugars, and
transmitted to this Kingdom, to be sold here, what with the
freight, duties and other charges, will produce very little more
than 400 sterling. They have further represented to us, that
the rent of houses there, are excessive dear, and that there are
not houses fit for a Governor's habitation, without such alterations
and reparations, as are very chargeable, whereby the Govr. has
been necessitated to be at about 2000 expence in fitting up
the House he now lives in at Antigoa and oblig'd to take a lease
of it for a term of years. These Gentlemen have likewise inform'd
us that the prices of all things, especially provisions, for the
288 COLONIAL PAPERS.
1717.
Governor's table are at present and have been for years, so
excessive high and different from what they were at the time when
the said Instruction was first made, that 1200 (which is the
Govr's. salary) would have gone further at that time than 2000
will now. The going from Island to Island tho' there should be
a man of war to transport him, is, notwithstanding, very expensive,
and tho' during the time he may be upon the other Islands,
they shou'd take care to provide him with lodgings, yet he must
still pay the annual rent of the house at Antigoa. We take leave
to make one observation more, from the information we have
had from the said Gentlemen, and that is, that the Islands of
Nevis and Mountserrat, have never yet contributed towards the
house rent for a Govr., since the Instruction was made, and St.
Christophers but once, some years ago. That these three Islands
have pass'd no acts for house rent since the present Governor's
arrival, and that they believ'd there had been Assemblies held
in each of them. If so, they are foreclos'd and cannot pass any,
during his Government, so that he can expect nothing, but by
virtue of the foremention'd Act of Antigoa. Upon consideration
of the reasons aforemention'd, we are humbly of opinion, that
H.M. be graciously pleas'd to permit the said Governor to receive
the foremention'd 1000 pr. ann., during his pleasure, without
confirming the said Act, whereby it will always be in H.M. power
to repeal the same, shou'd any future inconveniences appear to
arise from it. We further humbly submit to H.M. whether it
may not be proper to revoke the foremention'd Instruction, by
substituting another in its place, whereby Govrs. may be
effectually restrain'd gifts or presents, and yet not be liable to
the difficulties and objections aforementioned. Autograph
signatures. 5 pp. [C.O. 152, 39. No. 128 ; and 153, 13. pp.
17-22.]
[April 17.] 533. Merchants trading to Virginia to the Council of Trade
and Plantations. The Acts passed in Virginia, 1 7 1 3, for preventing
frauds in tobacco payments, and, 17 14, for the better regulation of the
Indian Trade are great grievances to the Brittish subjects tradeing
to Virginia and a discouragement to the Navigation of Great
Brittain. Reasons in detail. Signed,, Micajah Perry, W. Byrd
and 12 others. Endorsed, Reed. 17th April, Read 6th May, 1717.
Wpp. [C.O. 5, 1318. No. 2.]
[April 17.] 534. Same to Same. Pray for repeal of an Act of Virginia,
passed in 1663, concerning forreign debts, the purport of which
is, to bar all creditors liveing in Great Britain from recovering
debts justly due to them, from any person that go's over to that
Colony, unless such debtor had carry 'd over thither effects to the
value of such debts. This Act is notoriously unjust in itself,
unequall to H.M. subjects of Great Britain, and very infamous
to that Colony, and has been pleaded not long since in the Courts
there in bar Qf very just actions, etc. Signed and endorsed as
preceding. 1 p. [0.0.5,1318. No. 3.]
AMERICA AND WEST INDIES. 289
1717.
April 18. 535. Mr. Secretary Addison to the Lords Proprietors of
Whitehall. Carolina. The King having been pleased upon Mr. Stanhope's
having removed into the Treasury to honour me with the Seals,
and at the same time to assign the affairs of the Southern Province
to my care ; I take the first opportunity of acquainting you
therewith, that you may please to transmit to me from time to
time, what you shall judge to be for H.M. service, which I shall
not fail to lay before H.M. in order to receive his directions
thereupon. Signed, J. Addison. [(7.0. 324, 33. p. 76.]
April 18. 536. Circular letter from Mr. Secretary Addison to the
Whitehall. Governors, etc., of Plantations as 24th Jan. supra. Begins as
first paragraph in preceding. Continues : I take the first
opportunity of acquainting you therewith, that you may please
to transmit to me from time to time such occurrences in your parts,
as you shall judge to be for H.M. service, which I shall not fail
to lay before H.M. in order to receive his directions thereupon,
and as to your own particular, I shall be glad of any occasion
that may offer in the course of our correspondence wherein I can
be serviceable to you. Signed, J. Addison. [C.O. 324, 33. pp.
76, 77.]
April 20._ 537. Commandant Vanderheyden R6zen to the Directors
May 1. of the Dutch West India Company. Signed, Pr. Vanderheyden
Rio Essequebe R6zen. Endorsed, Read 22nd (N.S.) July, 1717. Dutch. 4pp.
April 20. 538. James Campbell to the Council of Trade and Planta-
tions. Encloses following. Col. Moody has sent a full account
of the victualling, pay, etc. of the garrison of Placentia to Mr.
Secretary Stanhope, but complains that he continues under the
same hardships and discouragements as set forth in enclosed
memorial. Col. Moody has been obliged to draw several more
bills last year for necessaries to the garrison, but they are pro-
tested as well as the former, amounting in all to 3000 and up-
wards, etc. He prays to be allowed to return by the men of war
this year in order to settle the affairs of the garrison, which he
finds to be in -the utmost confusion, and to vindicate himself
from the calumnies of his enemies, etc. Signed, Ja. Campbell.
Endorsed, Reed. 10th April, Read 8th May, 1717. 1 p. Enclosed,
538. i. Memorial delivered by Mr. Hodges, Judge Advocate
of Placentia, to the Duke of Marlborough, Mr. Secretary
Stanhope, Mr. Poultney, Secretary at War etc. in Nov.,
1715. Col. Moody represents the sufferings of the
garrison owing to bad clothing and insufficient pro-
visions, and his efforts to keep them from starvation.
Describes his voyage thither in 1713 etc. Prays that
the accounts may be made up and provisions and pay
sent. He sends a pair of the wooden shoes the soldiers
were forced to wear for want of others, etc. Copy.
7 pp. [C.O. 194, 6. Nos. 31, 31 i. ; and 195, 6. pp.
322-341.]
Wt. 26355. C.P. 19.
290 COLONIAL PAPERS.
1717.
April 22. 539. Sir John Colleton to Mr. Popple. Mr. Jono. Colleton
Stratford. o f Barbadoes and I have finished all controversies between us
and there being a vacancy now in the Council there, I recommend
him to their Lordships, etc. Signed, J. Colleton. Endorsed,
Reed. 24th April, Read 6th May, 1717. 1 p. [C.O. 28, 15.
No. 6 ; and 29, 13. p. 374.]
April 24. 540. Virginia Indian Company to the Council of Trade and
Virginia. Plantations. Answer to petition etc. for the repeal of the Act
of Virginia for the better regulation of the Indian Trade. Cf. April
16. Signed, Nathl. Harrison, Mann Page, Tho. Jones, Cha.
Chiswell, C. Digges, Peter Beverley, Tho. Nelson, Arthur Bickar-
dike. Endorsed, Reed, (from Mr. Carey) 24th, Read 28th June,
1717. 29 pp. Enclosed,
540. i. Abstract of export of skins and furs from the Upper
district of James River, Virginia, 1712-1715. 3189
buck and 3778 doe skins. 1716, by the Indian Company
2846 and 2224; by separate traders 1408, 1651, etc.
1 p. [C.O. 5, 1318. Nos. 10, 10 i.]
April 24, 25. 541. Extract of letters from South Carolina [? to Joseph
Boone] (a) April 25th. The Indian warr is so hard upon us, that
we are not able to bear it etc. Our stocks are almost destroyed
and we starved, corn 15d. a bushell and now none to be got etc.
Taxes are so high that it is hard living etc.
(b) April 24, 1717. If the King doe not assist, in an eye
of reason the country will be ruind. Small parcells of sculk-
ing Indians lye in the out settlemts. and cut off our people as
they goe to git in cattle, so meat has been excessive dear in
Charles Town, for out settlemts. On the other side Pon Pon,
and nearer many have been killed etc. Signed, Joseph Boone.
Endorsed, Reed. Read 26th June, 1717. f p. [C.O. 5, 1265.
No. 71.]
April 25. 542. Extract from a letter from South Carolina [? to Joseph
Charles Town. Boone]. Our circumstances are yet somewhat doubtf ull, for the
last time the Charachee were here, they insulted us to the last
degree, and indeed by their demands (wth. which we were forced
to comply) made us their tributaries. And the only hope we
have to throw of their yoak is, by reason of messengers to us from
the Creeks about a month since, that desir'd that their great men
might have liberty to come to us, and treat of a Peace the wch.
was by the Councill readily granted, and we expect them about
a month hence. I dare not pretend to give any judgmt. of the
effect, because both Nations are very numerous, and mortall
enimies to each other. This makes the matter of great weight
to us, how to hold both as our friends, for some time, and assist
them in cutting one another's throats without offending either.
This is the game we intend to play if possible, the wch. if well
accomplisht will in a little time make us easie, for if we cannot
destroy one nation of Indians by another, our country must be
lost : Because our ordinary fighting men are almost all killed,
AMERICA AND WEST INDIES. 291
1717.
and gone out of the country, so that small parties of ye enemie
slily make incursions on the outparts of our settlements ; and
have kill'd many of our people ; and did kill Mr. Steed a few days
since. About 20 days since we lost a perriaugur with seven men,
who were carr[y]ing provission, ammunition etc. to our garrison
at the Savanna Town. Wherefore must for the future supply that
garrison by land, under a strong guard. Copy, signed, Joseph
Boone. Endorsed, Reed. Read 26 June, 1717. l pp. [C.O. 5,
1265. No. 69.]
April 28. 543. Governor Hart to Mr. Secretary Methuen. Acknow-
ledges letter of 16th August. In obedience to H.R.H. commands,
I have enclosed you exact lists of all the rebel prisoners, that are
come into this Province, indorsed on the Proclamations I pub-
lished by ye advice of the Councill here, wch. were formed from
the letters I had the honour to receive from the Right Honble.
Mr. Secretary Stanhope, etc. I was commanded by Mr. Secretary
Stanhope's lettrs. to oblidge the rebel prisoners to enter into
indentures to serve for seaven years, and upon their refusing
to indent, I published the inclosed Proclamations, which had the
effect propos'd, of their being immediately purchased by the
respective persons whose names are likewise sent to you for your
further satisfaction, that H.M. pleasure has been punctually
obey'd. Some of the rebels prisoners have run away from their
service, but on complaint of their masters I have given strict
orders for the apprehending of them wherever they shall be found
in this Province. Professes a most inviolable zeal for H.M.
service etc. Signed, Jo. Hart. Endorsed, Rd. Oct. 16, 1717.
If pp. Enclosed,
543. i. (a) Minutes of Council of Maryland llth Jan., 1716.
A Proclamation was issued for the arrest of any of the
rebels who should run away from their masters or pur-
chasers, etc. Subscribed,
(b) List of 55 -rebel prisoners imported into Maryland
in the Goodspeed, 18th Oct. 1716, with the names of
their purchasers. 5 pp.
543. ii. (a) Minutes of Council of Maryland, 28th Aug., 1716.
Proclamation issued as in preceding. Subscribed,
(b) List of 80 rebels prisoners imported into Maryland
in the Friendship of Belfast, 20th Aug., 1716, with the
names of their purchasers. 7 pp. [C.O. 5, 720. Nos.
24, 24 i., ii.]
April 30. 544. Mr. Secretary Addison to the Council of Trade and
Whitehall. Plantations. Encloses following, for their opinion " concerning
the methods you shall judge proper for the relief of the said
inhabitants." Signed, J. Addison. Endorsed, Reed. 1st, Read
6th May, 1717. 1 p. Enclosed,
544. i. Representation of inhabitants of South Carolina to
the King. At the beginning of 1715 the Indians
attacked and destroyed several fine settlements, killed
about 200 persons and inflicted damage to the value of
292 COLONIAL PAPERS.
1717.
116,000. Besides this loss, for its defence, the Colony
has contracted a debt of over 100,000, and must spend
50,000 per annum, an expenditure which the inhabi-
tants can nowise sustain. They have already done
their utmost to end this cruel war, but will never be
able to reduce their enemies completely without H.M.
aid. Pray H.M., in addition to the arms already sent,
to despatch to their assistance 3 or 400 men. Endorsed
(Iby Addison) Reed, from H.M. Ap. 26. French, l^pp.
[C.O. 5, 1265. Nos. 60, 60 i. ; and 5, 1293. pp. 88-90.]
April 30. 545. Lt. Governor Spotswood to the Council of Trade and
Virginia. Plantations. Abstract. Repeats complaint that the Government of
S. Carolina have not observed one article of the agreement made
with relation to the forces sent to their assistance from Virginia,
and gives details. Begs the Board to interpose their " good
offices with H.M. to oblige the Governmt. of So. Carolina to do us
justice in the performance of their publick faith." Continues :
I cannot conceal from yor. Lordps. the trouble it gives me, after
having preserved for so many years among the people of this
Colony the reputation of honesty and candour, I should now be
suspected of combining to kidnap its inhabitants into the service
of another Province upon imaginary encouragements wch. were
never design'd to be performed. These are the dayly clamours
of abundance of disappointed creditors and masters, whose
debtors and servants remain still in Carolina, and of those who
have returned, and find they hazarded their lives and spent
their time for nothing. If some measures are not taken to oblige
that Government to keep their publick faith, yor. Lordps. may
easily judge what effect it may have, when any future occasion
shall require the assistance of one of H.M. Plantations to another.
Refers the Board to the bearer, Mr. Kennedy, for further infor-
mation. Continues : This gentleman has also been imployed
in delivering a letter from me to the Governour of St. Augustin in
behalf of So. Carolina (the answer to which as well as it could be
copyed out here from the original is here inclosed) for both these
services he has recieved no other satisfaction than the bare
thanks of the Governmt. such being the present deficiency
of H.M. Revenue, that even notwithstanding H.M. Bounty out
of the Qtt. Rents, it is not sufficient to defray the ordinary expence
of the Government. Recommends him for some recompence out
of the quit rents etc. Signed, A. Spotswood. Endorsed, Reed.
19th, Read 22nd June, 1717. 4 pp. Printed, Spot. Papers,
II. 245. Enclosed,
545. i. Governor of St. Augustin to Lt. Governor Spotswood.
St. Augustin, 30th May (N.S.), 1716. Reply to his letter
in behalf of South Carolina. The Carolina merchants
have given you a wrong impression, etc. I assure you
on the word of a Gentleman that it is not permitted to
give or sell arms or ammunition to their rebel Indians,
etc. I will pay special heed that, in pursuance of the
Treaty of Utrecht, such prohibition is continued. The
AMERICA AND WEST INDIES.
293
1717.
April 30.
Whitehall.
April 30.
St. James's.
May 3.
N. York.
May 3.
Whitehall.
May 4.
Virginia.
destruction wrought by the Indians is due to their ill
treatment by the Carolinians, etc. I can by no means
agree to your proposal that we should not protect or
trade with the Indians who fly for protection to Florida
and return to their old allegiance to the Catholic King
etc. I must call upon you to punish the Carolinian
merchants, so that they do not penetrate within the
limits of this Government, and murder and rob as they
did two months ago, slaying men and women etc., who
in six canoes came to submit themselves to my royal
master etc. I shall punish such aggressors in the future,
etc. Signed, Don Franco, de Corcoles y Martinez. En-
dorsed as preceding. Copy. Spanish. 2 pp. [C.O. 5,
1318. Nos. 9, 9 i. ; and (without enclosure) 5, 1364.
pp. 465-473.]
546. Council of Trade and Plantations to Mr. Secretary
Addison. Enclose copies of papers received from Governor
Hamilton relating to pirates, and the driving away our logwood
cutters in the Bay of Campechy, for H.M. pleasure thereupon.
Autograph signatures. 1 p. Enclosed,
546. i.-vii. Copies of Nos. 486, 486 ii., iii., v., vii., ix., x.
[C.O. 152, 39. Nos. 127, 127 i.-vii. ; and (without
enclosures) 153, 13. p. 28.]
547. Commission and Instructions from the Lords Proprietors
of Carolina to Robert Johnson to be Governor of South Carolina.
Signed, Carteret, Palatin, Ja. Bertie for D. of Beaufort, Fulwar
Skipwith for Ld. Craven, M. Ashley, J. Colleton, J. Danson.
Copy. [C.O. 5, 290. pp. 103-113.]
548. Governor Hunter to Mr. Popple. Abstract. Repeats
part of April 8th. The station ship having thought fit to proceed
home from Jamaica, there is no guardship, and two pirates are
plying on the coast etc. Begs that his claim may be pushed in
Parliament and take its chance. If those who sent him on that
errand abandon him, it is in vain to look for redress etc. Printed,
N. J. Archives, 1st Ser. II. 294. Signed, Ro. Hunter. Endorsed,
Reed. 22nd June, Read 3rd July, 1717. Holograph. 2| pp.
[C.O. 5, 971. No. 13 ; and 5, 995. pp. 333-335.]
549. Council of Trade and Plantations to the Lords Com-
missioners of the Treasury. Enclose Office accounts from Mid-
summer, 1716, to Lady Day, 1717. There were then three
months salary due to the Commission. Accounts annexed. [C.O.
389, 37. pp. 130-132.]
550. Council of Virginia to the Council of Trade and Planta-
tions. Contrary to the Charter, the laws and the constant prac-
tice of Virginia, by which the Governor and Council are the
judges of all tryals of life or member, the present Lt. Governor
did joyne severall other persons with the Council in a Commission
294 COLONIAL PAPERS.
1717.
of Oyer and Terminer. The Gentlemen of the Council did there-
upon in a very humble manner represent to him the inconsistency
of that Commission with the legall constitution of Virginia, upon
which he said he would follow that so unanimous advice of the
Council, but we find he has obtained a contrary resolution from
your Lordships upon an unfavourable representation of the state
of the case, as if the Council had nothing but custome for their
possession of that priviledge and as if they disputed H.M. pre-
rogative of nameing what Judges he thinks fitt for the Oyer and
Terminer Courts ; whereas in that very representation (had the
Governor thought fitt to have transmitted it) they said expressly
they would not dispute H.M. prerogative, but they cant persuade
themselves that a Governor meerly by vertue of his office without
express instruction for that purpose is allowed to break thro'
Laws and Charters and to alter all the ancient usage and founda-
tions of the Government etc. Pray that he may be instructed accord-
ingly. Complain that the Council have been misrepresented
as to their Address to H.M. praying for a supply of the deficiency
of the Revenue out of the Quittrents, and that the Quittrents
might remain in the hands of H.M. Receiver, as was formerly
practised, and might be made use of by the Governor with the
advice of the Council upon any emergent occasion till orders could
be obtained from England etc. This wholesome advice hath such
a hard turn given it that in a paper of Articles against Col.
Ludwell, then Depty. Auditor, upon which he was suspended, it
is called an Address to H.M. for a surrender of his whole Revenue
of quittrents to be applyed for the use of this Government etc.
The very bad understanding with the last Assembly is imputed
to the factious tampering of some of the Council with the Burgesses
for no other reason that we know of but because the Council
took much pains to heale the differences betwixt the Governor
and Burgesses occasioned by the enflaming speeches and messages
of the Governor without the advice of the Council etc. Propose
that (i) if any accusations are made against any of them or of the
chief officers copies thereof may be transmitted for their answer,
and (ii) that they be not suspended before such answer in writing
be transmitted, (iii) That the Council may not be surprised in
their opinions, that H.M. Instructions may be communicated
to them. Signed, Robert Carter, James Blair, Phill. Ludwell,
John Smith, John Lewis, Wm. Bassett, Nathl. Harrison, Edmund
Berkeley. Endorsed, Reed, (from Mr. Byrd) 10th Oct., Read
13th Nov., 1717. 5 pp. [C.O. 5, 1318. No. 28 ; and 5, 1365.
pp. 3-13.]
May 6. 551. Council of Trade and Plantations to the King. Represen-
Whitehall. tation upon memorial of Cleeves and Weston concerning Tulon
(v. Dec. 21, 1716, and 12th Feb., 1717). State case and quote from
Representation of 2nd March, 17|f. Continue : We are still
humbly of opinion since the imploymt. of foreign fishermen must
in a great measure hinder the nursery of our seamen that your
Royal orders to the Governor of Placentia and the Commanders
of your Majesty's ships of war, attending that service, requiring
AMERICA AND WEST INDIES.
295
1717.
May 6.
Bristoll.
May 7.
Whitehall.
them not to permit any persons whatsoever to fish there, who are
not your Majesty's subjects, or who bring their tackle or utensils
for fishing from France or any other foreign dominions, may
effectually reform these abuses. And as it do's not appear,
that the said Tulon, is naturalized a subject of Great Britain, in
which case according to Mr. Attorney General's opinion, neither
Tulon, nor any person in his circumstance, has a right to fish
at Newfoundland, and the proceedings of Weston and Cleeves
in securing the fish taken by Tulon there, are not only justifiable
by law, but agreeable to their duty ; we humbly submit it to your
Majesty, how far in consideration, that the said Tulon, who
among others remaining at St. Peters took the oathes to your
Majesty, and ingaged in the fishery in confidence of her late
Majesty's Ire., and the orders given thereupon as aforesaid ;
your Majesty may compassionate his case, in restoring to him
the produce of the fish taken by him at St. Peters, and sent to
Bilboa, but we humbly conceive it to be for your Majesty's
service, that a practice be discouraged so evidently tending to
lessen our trade and fishery at Newfoundland, and the promoting
that of the French, as the bringing thither and imploying French
servants, fishing tackle and other goods ; from France ; We
therefore humbly offer that if your Majesty should be graciously
inclined to shew your Royal favour to the said Tulon, no part of
the value of the said fish, be remitted to him, till after the whole
has been returned to your Majesty ; since we have reason to believe
that nothing less will effectually incourage the fishing Admirals
to exert themselves in the performance of their duty according
to law or restrain such unprecedented and partial proceedings
of the Biscayners in seizing the fish at Bilboa. [C.O. 195, 6.
pp. 316-321.]
552. The Naval Store Company of Bristol for raising hemp
in America to Mr. Gee. Lo friend Gee, We are much startled
that after wee have been out above 2000 we should be likely to
loose the lands we have purchased and the improvemts. thereon
for planting hemp etc. (v. 18th March) etc. Signed, Ch. Harford
and 11 others. Endorsed, Reed. Read 15th May, 1717. 1 p.
Enclosed,
552. i. Affirmation of Robert Hiscox, Treasurer of the Naval
Store Company. Bristol, 6th May, 1717. The Company
lately purchased of William Penn Proprietor and Gover-
nor of Pensilvania and of the Countyes of New Castle,
Kent and Sussex upon Delaware 3120 acres in the
County of Kent, and have already sjjent 2000 out of
5000 which they are obliged by their articles to lay
out for carrying the manufacture and raising of hemp.
No benefitt whatsoever has yet accrewed to the Com-
pany therefrom etc. Signed, Robt. Hiscox. 1 p.
[C.O. 5, 1265. Nos. 64, 64 i. ; and 5, 1293. pp. 93-97.]
553. Mr. Popple to Mr. Carkesse. Asks for an account of
what liquors and other goods were brought to Newfoundland
296
COLONIAL PAPERS.
1717.
May 8.
Whitehall.
May 8.
Whitehall.
from H.M. several Plantations in America, during the three last
years that any officer of the Customs resided at that Island.
[C.O. 195, 6. p. 322.]
554. Council of Trade and Plantations to the King. Re-
commend for H.M. confirmation Act of Jamaica to prevent negroes
being evidence against the family of John Williams etc. (v. April
16th). [C.O. 138, 15. p. 224.]
555. Mr. Popple to Mr. Attorney General. The Council of
Trade and Plantations desire your opinion in point of law as soon
as may be, upon an Act of St. Christophers, 1716, to enable William
Matthew, an infant, to convey a parcel of land called Brimstone
Hill and to vest the inheritance thereof in H.M. for the use of the
fortifications of this Island etc. [C.O. 153, 13. p. 29.]
May 8.
St. James's.
May 8.
May 9.
Whitehall.
556. H.M. Warrant appointing John Floyer Clerk of the
Navy Office in the Leeward Islands, to enjoy the same by himselfe
or deputy etc. Countersigned, J. Addison. [C.O. 324,33. pp,
77, 78.]
557. The case of the Colony of South Carolina in America,
humbly offered to the consideration of both Houses of Parlia-
ment. Urge that the Government be resumed to the Crown.
Otherwise it will inevitably be overwhelmed by the Indians, and
possessed by the French and Spaniards, or become like the
Bahama Islands, notorious for want of government, etc. En-
dorsed, Reed, (from ye Carolina Agents), Read 8th May, 1717.
Printed. 1 p. [C.O. 5, 1265. No. 61.]
558. Mr. Popple to Mr. Burchett. Encloses following for
the Commodore of the Newfoundland Convoy. Annexed,
558. i. Heads of Enquiry relating to the Trade and Fishery of
Newfoundland. The usual enquiries. Cf. C.S.P. 1705.
No. 1032 i.
558. ii. Additional Instructions to the Commodore of the New-
foundland Convoy. Several abuses having been represented
in the answers of previous Commodores (C.S.P. passim),
you are to take care that the Acts of Trade and
Navigation and particularly the Act relating to the
Newfoundland fishery, be punctually put in execution,
and to take the most effectual methods for remedying
o the aforementioned irregularitys and mischiefs, especially
those committed by the New England masters and
traders etc. As most of the disputes wch. happened
between the fishing ships and the inhabitants are in
relation to the stages, cook rooms, etc., you are to take
care that the fishing Admirals, masters of fishing ships
and inhabitants in every harbour be summoned to meet
together, and upon a survey of the stages, cook rooms,
beeches etc. do ascertain under their hands what part
AMERICA AND WEST INDIES. 297
1717.
thereof belongs to the publick uses of the fishing ships,
and what part to any other persons, according to the
foresaid Act of 10th and llth of King Wm. ; and you
are to transmit draughts of the said surveys to the
Lords Comrs. for Trade and Plantations in order to the
establishing a rule for determining the right 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 Govermt. to remedy which
mischief, it has been proposed, 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
enquiry to be made in the several harbours, whether
there be any of the inhabitants there proper to be trusted
with such a power and to transmit to the Lords Comrs.
for Trade and Plantations the names of such inhabitants
so qualified. It having been further represented, that
several of the French, who remain at St. Peters, Placentia
etc, bring yearly not only their fishing tackle, but ser-
vants, fishermen and all sorts of goods from France,
which they sell there 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 enquire 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 forementioned Acts of Trade
and Navigation, and that relating to the Newfoundland
Fishery. By the said Treatys with France, the French
are not allowed 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
account of such information as you shall receive to the
said Lords Commissioners for Trade and Plantations.
You are further to inform yourself, whether any of the
French from Cape Breton or elsewhere come in ye
winter to hunt and f urr at Newfoundland. And whether
any of the officers at ye Garrison at Placentia are con-
cerned 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 what-
soever or hire out the soldiers to fish. Your answer to
the state of the fishery is to be reduced into a scheme
as annexed.
558. iii. Scheme of the Fishery of Newfoundland. [(7.0. 195,
6. pp. 342-360.]
298
COLONIAL PAPERS.
1717.
May 10. 559. Mr. Popple to Mr. Attorney General. Encloses Book of
Whitehall. Virginia Laws containing the Acts for preventing frauds in tobacco
payments., an Act to continue the same, and an Act for the better
regulation of the Indian Trade. These Acts nearly concerning the
interest of H.M. and his subjects, I am commanded to desire your
opinion thereupon in point of Law as soon as may be, that H.M.
pleasure may be signified to the Govr. of Virginia by the ships now
ready to sail. [(7.0. 5, 1364. pp. 444, 445.]
[May 10.] 560. Lt. Gully to Mr. Secretary Addison. Whilst memor-
ialist served in the Garrison of Placentia, the officers and soldiers
suffered great hardships, occasion'd by the most barbarous usage
of Lt. Go vernour Moody, who has always defrauded the soldiers of
their provisions, by which meanes several of them were starved
to death. He has obliged them to fetch firing thro' frost and
snow, when they had not clothes to cover their nakedness. He
supplied, out of the garrison's provisions, several French Papists
whom he mustered in his company, altho' they were only employ'd
by him as his fishermen, he generally keeping three large boates
for that purpose. He engrossed all that was brought in by ships
for support of the garrison and compelled them to pay him 300
p.c. etc. etc. It is a hardship inexpressible to serve under so
tyrannical a Lt. Governour, who is a man that beares a most vile
character being at first put in by Bollingbroke and Arthur Moor.
Endorsed, Reed. 10th May, 1717. 1 p. [C.O. 194, 23. No. 26.]
May 11. 561. John and Frances Riggs to Charles De la Faye. Dr.
N. Yorke. g ro an( j Sister. This corns as all ours must doe with our ac-
knowledgements and thanks for yr. dr. nephew Dicks, honnr.
and promotyon etc, (to be Lt. in Col. Weames Independant Com-
pany v. 2nd Feb., 1719, Ed.}. We keepe him close at his
scoole, and for his French none heare speaks it better, and for his
Latten he is pretty forward, and in a few years will be cable to doe
his own dewtye. Last yeare, we did beleave his Excelly. would
have been called home upon which I writt three letters to you etc.
Wee heartylie wished then as wee doe now, that you might com
our Governer, Dr. Bro., as, Ireland is ye best Goverment at home
this is one of ye best abrode and most esiest, and as there is litell
noise mead of itt by ye cunning of our governers, I can assure
you it is worth five thousand a yeare, without any trick or manedg-
ment etc. Wee are very essey with H.E., as we were before his
Lady dyed, he has effectually don his bissines, and when recalled
may, if he pleses, purchis ye north of Scotland etc. Signed,
John and Fr. Riggs. Endorsed, R. June 22, 1717. Addressed,
For Charles Delaphay, Secretary to the Lords Justices of Ireland,
to be left at the Castle in Dublin. 1 p. [C.O. 5, 1092. No. 3.]
May 11. 562. Mr. Secretary Addison to the Council of Trade and
Whitehall. Plantations. The inclosed memorial of the Danish Envoy
relating to the pretentions of the Danes to the Isle of St. Thomas
and the little Islands about it in America, having been laid before
the King, H.M. has commanded me to transmit the same to your
AMERICA AND WEST INDIES. 299
1717.
Lordps. that you may please to take the matter into your con-
sideration and report to H.M. your opinion what is proper for
him to do therein. Signed, J. Addison. Endorsed, Reed, llth,
Read 23rd May, 1717. f p. Enclosed,
562. i. Memorandum by the Danish Envoy. London, -j^
May, 1717. The Danish West India Company has long
been in possession of not only the Island of St. Thomas,
but also the neighbouring little uninhabited islands,
amongst which are the Island of Crabs (Krabben Island)
and St. John. These islands were granted to the Com-
pany by a decree of the King of Denmark, and it has
always opposed their occupation by other nations.
It now hopes to settle them, or at least St. John, but
the threats of the English in those parts, not to leave
anyone in peaceable possession of that Island, prevent
those who wish to go, from settling there. Prays
that directions may be given to the English Governors
not to annoy the Company in this matter, conformably
to the order given in 1672 to Col. Stapelton (No. ii.).
French. Copy, p.
562. ii. Duplicate of H.M. Instruction to Governor Stapleton,
Sept. 23, 1672. v. C.S.P. Vol. IX. No. 397. [C.O. 152,
11. Nos. 58, 58 i., ii. ; and 153, 13. pp. 33-36.]
May 13. 563. Mr. Burchett to Mr. Popple. The heads of enquiry
Admty. Office. (May 9th) are sent to the Commander of the Newcastle, " to whom
I have recommended the letters from Mr. Methuen and Mr. Secre-
tary Addison." Signed, J. Burchett. Endorsed, Reed. 13th,
Read 17th May, 1717. Addressed. I p. [C.O. 194, 6. No. 32 ;
and 195, 6. p. 361.]
May |f. 564. Settlers of Essequebo to the Directors of the Dutch
Essequebo West India Company. Translated, Documents relating to Venez-
er> uelan Boundary III. pp. 75, 76. Signed, A. Hollander and
others. Dutch. 6 pp. [(7.0.116,21. No. 153 (ii.).]
May 13. 565. Governor Hunter to Mr. Popple. Abstract. The
N. York. Assembly is now sitting in very good disposition for the public
interest. His journey to the frontiers to meet the Indians may
give them some small interruption. Cox has written to his
friends that the Jerseys are certainly to be put under a separate
Government, and doubtless has assured his accomplices he is to
be Governor. The only object of this is to keep up the confusion
which he had raised and which since his departure was well nigh
laid. One Hunt, who has basely murdered the High Sheriff of
Salem County (where Cox's chief tools live), said he was made to
believe Col. Cox would return as Governor and that he would be
secure, being prompted to what he did by suggestions that the
Sheriff etc. had the chief hand in laying on of taxes. Thus are
these poor creatures deluded. Desires that some speedy method
should be taken to undeceive the people, since nobody but that
vile party. thinks it ought to be a separate Government. Suggests
300 COLONIAL PAPERS.
1717.
a letter from the Board. Eepeats part of April 8, etc. Printed,
N. J. Archives, 1st Ser. IV. 295, and N. Y. Col. Doc. V. 482. Signed,
Ro. Hunter. Endorsed, Reed. 22nd June, Read 3rd July, 1717.
Holograph. 4 pp. [(7.0. 5, 1051. No. 27; and 5, 1123. pp.
449-451.]
May 15. 566. Mr. Popple to Mr. Solicitor General. Encloses Act of
Bermuda, 1713, to vest certain lands in Smith's Tribe in trustees,
for the payment of the debts of Riclwrd Jennings, etc., for his opinion
in point of law. [(7.0. 38, 7. p. 330.]
[May 15.] 567. Marquis de Wignacourt and other French gentlemen to
the Council of Trade and Plantations. If H.M. will grant them
lands between Nova Scotia and Maine, N.E., they will settle it
with 1200 families at their own expense, to be subjects to H.M. etc.
Signed, Le Marquis de Wignacourt, and 9 others. Endorsed,
Reed. Read 15th May, 1717. 1 p. [(7.0. 217, 2. No. 22.]
May 15. 568. Governor Hamilton to the Council of Trade and Plan-
Antigua, tations. I have not of a long time been honoured with any of
your Lordships' commands. On 24th March here arrived a small
man of warr to attend this station in which I embarked the 2nd
April and have visitted the Islands of Nevis, St. Christophers and
Mountserratt, I would have gone to the Virgin Islands but had an
account that the pirate ship and sloop commanded by Bellamy
of which I gave your Lordships an account in my former were
still amongst these Islands and the aforesaid man of war (the
Seaford) being such a small bable and the Captain acquainting
me that if it blew anything hard he could hardly carry any of his
guns out so as to make use of them, for these reasons and these
only I durst not venture down, so that I am not able to give your
Lordships any further account of those Islands that [?=thari]
what I did in my former, I therefore must beg your Lordships to
lay this matter before H.M. or to represent it otherwise so as that
a ship of the fifth rate, at least of 36 or 40 guns may be sent to
attend this Station ; besides the Captains have orders not to
carreen or so much as to give their ships a boot a tops as they
term it, and they are generally foul when they arrive as this
ship was for she had been five months off of the ground when she
arrived here so that they can never pretend to come up with any
of the pirates, (who are generally clear vessels) except they should
catch them at an anchor, as the Scarborough did the pirate at
St. Crux, all these things I must beg your Lordships to represent
so as that they may be rectified for should the Captains of men of
war be never so forward it will not be in their power to do any
service. One thing I am obliged to inform your Lordships of
relating to the Governour in Chief and Vice-Admiral, wearing
a flag, which has been ever customary in these parts and especi-
ally amongst these Islands where it was alway a signal for to get
the people together to receive the said Governour with that
respect due to H.M. Commission but so it is that this Captain
Rose, Commander of H.M. Seaford, has orders from the Admiralty
AMERICA AND WEST INDIES. 301
1717.
board not to hoyst a flag on board of his ship for the Governour
upon any account whatsoever which I take to be a diminution
of the honour due to H.M. Commission besides that the Lt.
Governours of the respective Islands can never have any notice
of the approach of the Chief Governour till he is actually at anchor
in their roads or harbours, this I must submit to your Lordships
whether your Lordships think it proper to represent this to H.M.
for redress or lay it before the Admiralty board to have this
order recalled or do therein as seems most proper to your Lord-
ships' wisdom. I have in my former given my opinion so fully in
relation to the settlement of the former French ground in St.
Christopher's that I cannot add anything farther. We have an
account from our neighbouring French islands that they daily
expect some men of war with transport ships with men in order to
begin a new settlement upon the Island of St. Alusia, which I
thought my duty to give your Lordships an account of for fear
the Governour of Barbados (in whose Government I take that
Island to be) should not have heard anything relating to it. I
must also acquaint your Lordships that there is lately arrived a
new General amongst the French Islands, Monsieur le Marquis
de Varrenne as also a new Intendant on 
