|
Oct. 1.
Newcastle in St. Johns in Newfoundland. |
115. Capt. Passenger to Mr. Popple. Whereas the Council
of Trade and Plantations commands me to take the most effectual
methods to prevent the irregularitys and abuses committed in
Newfoundland, especially in preventing the New England men
carrying away H.M. subjects to New England, I take this opportunity to acquaint their Lordships etc., that the last year the
New England men carried away 1300 men, and a great many of
them is for want of due care in the masters of fishing ships, after
their voyage is made let them go where they please and not carry
them home as the Act of Parliament directs, a great part of those
men that are so carried are idle fellows that have spent all they
get in the summer, then they ship themselves in the New England
vessells, of which numbers of them come every year for that
purpose, and when they come to New England they demand three
pounds for their passage, and those that cannot pay that, are
sold for servants which abuse makes the servants in Newfoundland
so scarce that they must give 18 or £20 for the fishing season, so
that if they han't an extraordinary fishing season and a great
price for their fish the masters and boatkeepers lose money and
break and this year in St. Johns and most places in Newfoundland
the stages and boatrooms was not half imploy'd, and the most
substantial fishing masters here have represented it to me that
if there be not an expedient found out to intirely prevent the men
being carried off by the New England men, the fishing in Newfoundland must of necessity fall in three or four years more which
is the reason I give this early trouble before I can send their
Lordships the whole account required etc. I have taken all the
pains in my power to prevent those so much complain'd of
abuses this season, and have let but only one sloop bound to
New England said since I have been in this harbour and bound
the master in a bond of £5 for every man he should carry out of
the land. Notwithstanding he after he departed St. Johns took
on board of Cape Spear six men etc. Here are 7 more New
England vessels which have refused to give the same bond, upon
which I would not let them sail till I depart and then take them
along with me which will be in two or three dayes but beleive
shall have a hard task etc. Those masters are very sawcy and
insolent, and one of them told me when I told him they would
ruin the fishery, he did not care if it was ruin'd etc. Proposes
that the Collectors in New England should take bonds from
masters not to bring any men from Newfoundland etc.
Continues:—The land would be much the better if they could be
entirely prohibited coming to any port in Newfoundland, for the
great plenty of rumm etc. makes this place a perfect scene of
drunkenness and debauchery, and all the masters of servants in
this place would be very glad if rum and brandy was at 5 and 6s.
the gallon but the New England men make such a glutt that the
best rumm is sold for 2s. etc. to the great hinderance of fishing
and distroying of discipline and more especially in the absence of
H.M. ships wch. is a long recess of ten months in twelve, without
any Goverment more than he that is strongest is the best man,
so that dureing the little time H.M. ships are here, their Commanders time is taken entirely up with complaints committed in
the winter etc., and as their Lordships have represented to me
(v. 9th May) if I could find any man fitt to govern in the winter
to send their Lordships his name it is my humble opinion that
there is not now nor ever has been a man since the first settlement,
that has resided here fitt to govern farther then it consists for
their own interest, but most certain it is, were there a man of
honour and integrity appointed to govern and to be on the spott,
it would prevent abundance of abuses, and without that I cannot
see how the good Goverment in the fishery and trade of this
country can flourish, etc. Signed, W. Passenger. Endorsed, Recd.
28th Oct., Read 7th Nov., 1717. 2¾ pp. [C.O. 194, 6. No. 37;
and 195, 6. pp. 364–369.] |
| [Oct. 1.] |
116. Sir N. Lawes to the Council of Trade and Plantations.
Recommends for the Council of Jamaica, John Ascough, formerly a
member, who now intends to return; John Gregory, and James
Risby, instead of George Bennet formerly suggested. Continues:—I am of opinion if a printing press were set up in Jamaica; it
would be of great use, and benefit for publick intelligence,
advertisements, and many other things. But to prevent abuses,
that might attend such a liberty, there should be but one, and
that to be licenced by the Govr. for the time being. And I also
believe a Post Office to be established in a regular manner for the
security and convenience of letters, would be of great advantage
to trade and make the correspondencies among the people in the
Island quick, easie, and safe, but the undertaker must have some
encouragement, at least the profitts for a certain term, because
it will require a great expence in the beginning to put it going, but
time may bring it to some advantage I hope to the publick
Revenue of that Island. Requests their Lordships' approbation
and instructions etc. Endorsed, Recd. 1st, Read 10th Oct., 1717.
1 p. [C.O. 137, 12. No. 75; and 138, 15. pp. 338–340.] |
| [Oct. 2.] |
117. Deposition of Leonard Barton of Port Royal, Mariner.
17th Aug., 1716. Deponent delivered a letter on board H.M.S.
Diamond, but does not know Dr. Page and never discoursed him
or any other person concerning the sloop, formerly called the
Kingsington, taken by Capt. Fernando etc. Signed, Leonard
Barton. Endorsed, Recd. Read 2nd Oct., 1717. 2 pp. [C.O.
137, 12. No. 80.] |
| [Oct. 2.] |
118. Copy of proceedings in the Court of Admiralty held at
Port Royal in Jamaica, March 16—July 11th, 1716. The sloop
Kensington, taken by Capt. Francis Farnando, was condemned,
no person appearing to claim and defend the same, etc. Signed,
John Warner, Judge of ye Admiralty. Endorsed as preceding.
3½ pp. [C.O. 137, 12. No. 81.] |
| [Oct. 2.] |
119. Copy of the Subscription made by members of the
Assembly of Jamaica to be remitted into the hands of Sr. Gil.
Heathcote, for the soliciting and transacting of all such matters
as shall tend to the welfare of the Island, etc. Endorsed as
preceding. ¾ p. [C.O. 137, 12. No. 82.] |
| [Oct. 2.] |
120. Copies of letters from Mr. Secretary Stanhope to
Governor Lord A. Hamilton. 25th Feb. and 28th Nov., 1715.
Endorsed as preceding. [C.O. 137, 12. Nos. 83, 84.] |
| [Oct. 2.] |
121. Governor Lord A. Hamilton to Mr. Secretary Stanhope,
10th Feb., 1716. Same endorsement. Copy. [C.O. 137, 12.
No. 85.] |
| [Oct. 2.] |
122. Plea by T. Barron in support of the escheat patent to
Pennant and Swymmer. (v. Oct. 16 etc.) Same endorsement.
14 pp. [C.O. 137, 12. No. 86.] |
| [Oct. 2.] |
123. Copy of H.R.H. Warrant, July 17, 1716, vacating the
grant of the escheated estate of Anna Kupius to Pennant and
Swymmer, and granting the same to Edward Nichols. Same
endorsement. [C.O. 137, 12. No. 87.] |
| [Oct. 2.] |
124. Copy of H.M. Warrant, 30th April, 1715, granting
Anna Kupius' escheated estate to Edward Nicholls. [C.O. 137,
12. No. 88.] |
| [Oct. 2.] |
125. Memorandum of preceding papers by Lord A. Hamilton.
Same endorsement. Copy. 1 p. [C.O. 137, 12. No. 89.] |
| Oct. 4. |
126. Address from the General Assembly of New York to
Governor Hunter. We are utterly strangers to the grievances
and oppressions complained of in the Memorial sent us by your
Excellency etc. There is no tax imposed on the people but by
their own consent in General Assembly, which is cheerfully given
by a dutifull people towards ye support of his most Sacred
Majesties Government over us, and which hath been duly and
faithfully apply'd to ye uses intended, and accounted for to ye
satisfaction of the General Assembly during the time of your
Excellency's administration etc. The prosecution of Capt.
Mulford was for writing, printing and publishing a scandalous
libell against the Government, to prevent the raising any
support for it, he had first attempted it by way of speech in the
General Assembly and was heard with impunity, but when he
ventured to print what he had said, he was expell'd etc. Tho' one
of the Assembly of this Colony, he is very much a stranger to the
affairs and interest of it, and to promote his beloved Connecticut
an enemy to it, the being tributaries to barbarous heathens, was
a cant very frequent with him while in the house, and used by
him to hinder the raising those necessary supplys the Government
wanted to use in the Indian affairs, but wee thank God without
any other effect than affording the house now and then some
diversion. 'Tis a little odd in a Memorialist who talks so warmly
for liberty and property and represents the province to be
miserably distress'd, if not vassal'd, by the raising of £30,000 for
a Canada Expedition, £27,000 for the paying of their debts and
about £4000 a year to support the Government, to propose an
Expedition against the Indians at ye expence of half our personal
estates at once for the pious purpose of cutting their throats and
possessing their lands etc. Wicked and rediculous as this Memorial is, it may be attended with effects worthy the care of a
British Ministry to prevent, and had it been given some years
since when the French were our enemies in the manner it now was,
to the members of ye house of Commons, it would hardly a failed
of bringing an Indian war upon all ye Colonies of English on the
Continent. Your Excellency is not ignorant that by vilanous
arts the Indians are made to believe that the English on ye
Continent have agreed to cut them off and that you are the only
Governour that have refused to joyn in that execrable project,
that it was with difficulty they were perswaded to disbelieve it
(if yet they do so) and if this silly memorial should fall into ye
hands of the enemies of the Government, either forreigners or
English, what mischievious use might not be made of it, the
Indians will be told such a proposal has been made, and to the
members of a British Parliament and that 'tis under their
consideration. Your Excellency but too well knows the ill
impressions the Indians have received and the position they are
in to believe such a tale etc. We think ourselves bound to declare
our abhorrence and detestation of reducing the Indians by force
and possessing their lands except they first made war upon us, for
to the steadyness of these Indians to the intrest of Great Britain,
it is that we owe in a great measure our present security from ye
irruptions of the more barbarous, whilst the war with France
continued, this Colony was not only covered and defended by
these Indians, but when expeditions were undertaken against
the french on this side, wee ever found them most ready to assist
in them wth. all their force, so that besides the injustice of such
a vile attempt as surmis'd in that paper, if it were practicable,
such an action must bear the brand of the blackest perfidie and
ingratitude, and we hope your Excellency and Council will joyn
wth. us in directions and Instructions to the Agent to find out
this offender and make application to his Maties. Ministers in
order to his being brought to justice. Signed, By Order of ye
General Assembly, Wm. Nicoll, Speaker. Endorsed, Recd.
(from Mr. Philips), Read 12th Feb., 1717/18. 1 large p. [C.O. 5,
1051. No. 52.] |
Oct. 4.
Whitehall. |
127. Council of Trade and Plantations to Mr. Secretary
Addison. Transmit new seals for the Plantations and draughts
of warrants for using same. Autograph signatures. 1 p. [C.O.
5, 4. No. 19; and 324, 10. p. 138.] |
Oct. 4.
Whitehall. |
128. Circular letter from the Council of Trade and Plantations
to the Governors of Plantations. As it frequently happens that
H.M. wants to be informed of the state of the whole, or some
particular branches of the Revenue in the Plantations, we are
not able to comply with H.M. commands therein, for want of
such regular accounts as Governors are required to transmit unto
us. Wherefore H.M. has been pleased to direct us to remind all
the Governors, of their Instructions in that behalf, and to require
them to send us constant and distinct accounts of the several
branches of the Revenue in their respective Governments; to
which you will likewise be pleased to add an establishment of the
constant and regular expence for the support of the Government
distinguishing particularly what Revenues are appropriated for
that purpose and from what causes it doth proceed that the same
falls short of the expences together with a separate acct. of all
contingent and extraordinary charges. And it will be absolutely
necessary we should be constantly informed of the number of
acres granted by H.M. to the several Planters in every distinct
county of your Government with the rent reserved thereupon.
You will also let us know how the publick accounts are audited.
[C.O. 324, 10. pp. 139, 140.] |
Oct. 4.
London. |
129. Captain Prissick to [Mr. Popple]. Desires to be heard
in support of Col. Codrington's claim (v. 29th Aug). Signed,
Christo. Prissick. Endorsed, Recd. 4th, Read 10th Oct., 1717.
1 p. [C.O. 152, 12. No. 43; and 153, 13. p. 111.] |
Oct. 5.
Ashley. |
130. William Congreve to the Council of Trade and
Plantations. After a fitt of illness for two month's continuaince,
I am but just gott into ye country, etc., and am altogether unable
to waite upon the Lords Comrs. as they desire, etc. You may
intimate their Lps. that I have already given satisfaction to both
the Principal Secretarys of State in what relates to me concerning
Mr. Page. Signed, Wm. Congreve. Endorsed, Recd. 9th, Read
10th Oct., 1717. 1 p. [C.O. 137, 12. No. 72.] |
Oct. 5.
Suffolk Street. |
131. William Cockburn to Mr. Popple. Encloses following,
at the desire of Lord A. Hamilton. Concludes:—The list of
vessells delivered by Dr. Page (No. iv.) being not genuine, the
remarks upon it inclosed may be of use etc. Signed, Will.
Cockburn. Endorsed, Recd. 7th, Read 12th Oct., 1717. 1 p.
Enclosed, |
|
131. i. Copy of Commission granted by Governor Lord A.
Hamilton to Jonathan Barnet, Commander of the
snow Tyger to seize pyratical vessels. St. Jago de la
Vega. Nov. 24, 1715. Signed, A. Hamilton. Endorsed
as preceding. 1½ pp. |
|
131. ii. Copy of Governor Lord A. Hamilton's Instructions
to Capt. Barnet. You are not on any pretence to
committ any acts of hostility, on any of H.M. allies,
neuters, friends or subjects etc. You are to bring into
your commission port all such pyrates as you shall take
there to be proceeded against according to law, etc.
Signed, dated and endorsed as preceding. 1¾ pp. |
|
131. iii. Copy of bond in £1500 given by owners of the Tyger
commissioned against pirates as above, to observe above
Instructions etc. Nov. 24, 1715. Signed, Jonathan
Barnet, Lewis Galdy, Daniel Axtell. Same endorsement.
1¼ pp. |
|
131. iv. List of (10) vessels commissioned by Governor Lord
A. Hamilton, delivered by Mr. Page, Deputy Secretary
of Jamaica, to the Secretary of State. Note. The above
vessels carried more than 800 men, fitted out in warlike
manner, doubly provided with granadoes, bombs etc.
The Tyger and Mary sloop "returned innoxious."
The Eagle and Barsheba were the vessels complained of
by Capt. Don Juan del Valle for robbing the Spaniards
on the Florida shore, of above 120,000 pieces of eight,
besides plundering and stripping them, took their arms
and powder from them, and gave them to the wild
Indians and returned with their booty to Jamaica, and
there divided the same. The Eagle is sailed out again
under the same commission with about 100 men, as is
the Barsheba, in company with 5 other sloops for the
wrecks, well fitted with warlike stores. The Bennet
sloop Francis Fernando, Commander, brought into
Carlisle Bay a sloop he had taken from the Spaniards
out of which he took 75,000 pieces of eight, and merchandize, as the master of the Spanish sloop affirmed,
to the value with the money to 140,000 pieces of eight
belonging to the French late Assientist; the sloope
was soon after sent up to Port Royal with a letter from
Fernando to the Govr., importing that the sloop sent in,
was formerly the Kingston commanded by Henry
Thornton, and taken by the Spaniards off Cartagena,
wch. he desired might be condemned, for untill then
he and his company would keep out at the sea with the
booty they had taken out of the said sloop, accordingly
(as I have been informed) the sloop with her cargo was
condemned 7th March, 1715. Endorsed as preceding. 1p. |
|
131. v. Remarks on preceding. (1) The vessels would have
been of no use for suppressing pirates if not fitted out
for that service. (2) The Eagle and Barsheba were
not the vessells first complain'd of by Don Juan Delvallée; it was the Tyger snow, whose owners being
Mr. Page's particular friends, he putts down "return'd
innoxious," tho' that vessell was the first that committed
hostilities and which occasion'd the journey of Don
Juan to Jamaica, the securities and owners of the said
vessell as well as of the Mary sloop were Lewis Galdy
and Daniel Axtell, two Assembly men. It is not deny'd
that the Eagle and Barsheba committed hostilities on
the Spaniards at the wrecks but not to the fourth part
of the value, nor in the manner describ'd by Doctor
Page, of which Don Juan had the first notice after he
had been some time in Jamaica which occasion'd his
second Memoriall that his Lordship laid before the
Councill and they came to resolutions on it (Minutes of
Council, 9th Feb. 1715/16) and on 26th Aprill following two
Proclamations issued, one for recalling the commission'd
vessells, the other prohibiting fishing on the wrecks.
(iii) The occasion of the Eagle's going out a second time
was at the request of severall merchants particularly
Henry Sharpe who had but a few days before the Eagle
went out been taken with a considerable cargoe by a
pirate, in sight of Jamaica. The Eagle was ordered in
pursuit of the pyrate and she retook Mr. Sharpe's
vessell and run the pyrate ashoar on the south side of
Cuba, return'd to Jamaica in 14 days, and never went
out afterwards with the said Commission, so that it is
humbly conceived this was a peice of service done to the
Island. (iv) The Barsheba got privately away from the
Island contrary to the express commands of Lord A.
Hamilton. (Minutes of Council, 16th Aug., 1716.)
(v) The sloop which Dr. Page mentions to have been
taken and sent into Port Royall Harbour by Capt.
Farnando was actually a vessell which belong'd to Mr.
Knight a merchant at Kingston, and had been taken
some time before with a cargo, value £12,000 by a
Spaniard and carry'd unto Porto Bell, where she had
never been condemn'd, so that Farnando meeting her
at sea without a register sent her to Jamaica, and
perhaps had been in the right had he not first taken out
all the money and the most valuable goods into his own
vessel, which however did not amount to one half of
the same Dr. Page mentions. Mr Bendish one of the
owners of Fernando and who was the active man in
solliciting the condemnation together with the captors
obtain'd in the Court of Admiralty of Jamaica, a sentence
against the vessel and her cargo which Dr. Page swears
in his affidavit Leonard Barton told him was given on 7th
March, 1715/16, whereas Barton swears he never spoke to
Dr. Page about it, nor indeed is it probable, for the
vessel was not condemn'd till the 16th of March, and then
Dr Page had been 9 days at sea etc. His Lordship in
publick Council declared his disapprobation of the said
condemnation and appointed a Court of Delicates to
have reversed it in order to do justice to the Spaniards,
but the day before the said Court was to have mett,
his Lordship was superceded by Mr. Haywood, who has
done nothing in that affair since. N.B. The Diligence
galley one of those commission'd by his Lordship had
a patent from the King to fish upon wrecks, etc. Same
endorsement. 2 pp. [C.O. 137, 12. Nos. 78, 78 i.–v.;
and (without enclosures) 138, 15. pp. 465–467.] |
Oct. 5.
Whitehall. |
132. Mr. Secretary Addison to the Council of Trade and
Plantations. H.M. having been pleased to sign the Additional
Instructions to the Governors of the several Plantations in
America, relating to their passing Acts which may any ways affect
the Trade or Shipping of this Kingdom; I herewith transmit
the same to your Lops. that they may be forwarded to the said
respective Governors by the first convenient opportunity.
Signed, J. Addison. Endorsed, Recd. 7th, Read 10th Oct., 1717.
¾ p. [C.O. 323, 7. No. 108; and 324, 10. pp. 140, 141.] |
Oct. [? by error for Nov.] 6.
Whitehall. |
133. Mr. Popple to Horatio Walpole. The Council of Trade
and Plantations having seen a copy of your Patent for the office
of Surveyor and Auditor General of H.M. Revenue in America,
desire you will let them have as soon as conveniently may be an
acct. of the revenues in each Govt. for 3 years last past, and that
the annual accts. of the said revenues may be regularly transmitted for the future. [C.O. 324, 10. p. 145.] |
Oct. 7.
Nevis. |
134. Governor Hamilton to the Council of Trade and
Plantations. Begins with duplicate of 26th Aug. Continues:—I am honoured with your Lordships two letters of the 16th May
last, and observe the contents. I should have visited the Virgine
Island's long since, as I advised your Lordship's, but have all
along been prevented by the frequent reports of the pirates
resorting there, and the smallness of the man of warr that attends
this station, but am now assured that they are all gon to north
america, or to some other parts, so that as soone as the man-of-warr
is carreened, which the Capt. was to begin as soone as he might
with safety in relation of the bad weather, I shall go downe, and
hope then to be able to give your Lordships full satisfaction in
relation to those Island's. I observe about the complaints made
to H.M., of an illegall trade being carryed on between H.M.
Plantation's, and the French settlements. I shall to the utmost
of my power, take care that the same be suppres'd, and shall
give directions throughout all the Island's, that particularly the
5 and 6 articles of the Treaty of peace and nutrality in America
etc. 1686 be strictly observed, but it is almost inpossible for the
officers to prevent them from carrying on in some measure an
underhand trade, for the many bay's we have about the Island's,
except wee had (as the French have) some small sloopes that
might go constantly manned for that purpose, and be Guarde de
Coaste, the Collector of St. Christophers lately made a seizure of
a small French ship for having traded on that coast, which was
condemned in a Court of Admiralty, but was afterwards lost, and
stoave all to pieces in the great storme, and litle or nothing saved
as he informes me, etc. Some time since (upon severall complaints
being made to me) I was obliged to dismiss one Mr. Clement
Crooke from being Chiefe Justice of St. Christophers, for having
been guilty of severall ill practices and corruptions, as your
Lordships will perceive by the severall affidavids herewith sent,
besides that the saied Crooke is a verry profligate, and a man of
no learning, besides one that is verry much in debt. I have in his
stead appoynted one Mr. Mathew Mill's, a person thorroughly
well affected to his present Majesty, and the Protestant Succession
in his illustrious House, a man of clear estate, a universall good
character, and well qualified for the post, whom I hope your
Lordship's will aprove of, for I assure your Lordships, I have no
other aime than H.M. interest, and the good of the Island's
his Majesty has intrusted me with, etc. Signed, W. Hamilton.
Endorsed, Recd. 14th Jan., Read 7th Feb., 1717/18. 3 pp.
Enclosed, |
|
134. i. Deposition of Martin Nicholls, St. Christophers, 25th
Sept. 1717. Col. Clement Crooke as Treasurer refused
to pay £90 due to deponent as gunner to Charles Fort
about 5 years ago, unless he would take about the
third part and give the Treasurer a rect. on the back
of his acct. pass'd by the Committee, wch. deponent was
oblidg'd to accept off. Deponent then took up some
refug'd negroes from Mr. Ottley upon the sd. Treasurer's
promise to pay for them, wch. as yet is not effected etc.
Signed, Martin Nicholls. 1 p. |
|
134. ii. Duplicate of No. 40 i. |
|
134. iii. Deposition of Thomas Butler, St. Christophers, 24th
Sept., 1717. In 1712 Clement Crooke one of the Justices
Assistant in the Court of Queen's Bench, retained
deponent to be of council with James Williams against
Ann Sanders alias England, and directed him to bring
an action in the said Court in the name of said Williams
v. said Sanders for the recovery of severall negro slaves.
He gave deponent three pistoles as a fee, and deponent
afterwards heard that Judge Crooke bore all the charges
of the action etc. Signed, Thomas Butler. 1 p. |
|
134. iv. Deposition of James Gordon, St. Christophers, 26th
Sept., 1717. Deponent last Feb. bought for the use of
Joseph Crisp 5000 staves for sugar cask, and lodged
them in a storehouse in Basseterre belonging to Crisp.
Clement Crooke, Chief Justice, threw away these and
other goods there stored, and beat Crisp's negro. Crooke
said he had a grant for the storehouse from Lt. General
Matthew and threatened to throw all Crisp's goods, his
attorney Matthew Mills and deponent into the sea.
He said that he would value no order from the General
for Crisp to keep quiet possession till ejected by law,
and that the General had sent such an order for John
Considem to keep possesion of his house and land to the
Court of King's Bench (for which Crooke said he had also
a grant) of which the Court took no notice, etc. Signed,
James Gordon. 2 pp. |
|
134. v. Deposition of James Williams, Basseterre, St. Christophers, 19th Sept., 1717. Corroborates No. iii. Deponent
accepted Judge Crooke's offer to be at the charge of
sueing for the negroes, upon deponent's giving him a
bond to pay Crooke £50 if he should recover them.
Crooke sat upon the Bench at the tryal, but a verdict
was found agt. him, etc. Signed, James Williams, his
mark. 1 p. |
|
134. vi. Deposition of Orlando Billingsley, Nevis, 28th Aug.,
1717. On 22nd Aug. Clement Crooke delivered to
Governor Hamilton the answers of several persons to
certain interrogatories relating to the said Captain
General and Martha Assaillié; the General upon reading
the answer of Crooke asked him several questions relating
to the particular paragraphs. Crooke having suggested
in his answer that he having delivered a certain order,
H.E. told him he had not then time to read it, the
General asked what reasons he assigned; Crooke answered that H.E. was just then taking horse. It being
incerted in said answer that H.E. had told Crooke he
was informed said Assaillié was a Roman Catholick and
an inhabitant of Guardaloupe, and that H.E. said he
knew she was bred a Protestant, H.E. said he never did
say anything like her being bred a Protestant but said
that her being suspected to be a Papist and her being
then among the French at Guardaloupe were the
reasons why H.E. would not pass her a patent for her
late father's plantation etc. Crooke owned that those
were H.E.'s reasons; that Assaillié was then among the
French at Guardaloupe; that he told H.E. he had
bought Mrs. Assaillié's right to the plantation etc.;
and that H.E. said H.M. Ministers (not His Majesty)
had been imposed upon etc. H.E. told Mr. Crooke his
answer was made up of most scandalous and notorious
falsities and that the most material things were left
out, the more to aggravate and increase the matter,
and that Crooke was guilty of very great and malicious
perjuries, upon which Crooke said that when H.E.
should come to St. Christophers he would alter any such
part thereof or immediately interline any such other
things as H.E. would please to direct. Signed, O.
Billingsley. 2 pp. |
|
134. vii. Deposition of Thomas McGill, Nevis, 28th Aug.,
1717. Corroborates preceding. Signed, Tho. Makgill.
1 p. |
|
134. viii. Deposition of John Pinney, Nevis, 19th Sept., 1717.
On 22nd Aug. Clement Crooke, Agent for Mrs. Martha
Assailie, refused to pay the fee for the affixing of the
Seal to duplicates of depositions taken in St. Christophers in her cause, according to H.M. order in Council.
Deponent thereupon left them with the Governor and
informed Crooke they were ready for him whenever
he pleased to goe for them, but that the General would
hardly part with them without his fee for the Seal.
Crooke replied God damn me I'le trouble myself no
farther about them, and went to St. Christophers etc.
Signed, John Pinney. 1 p. |
|
134. ix. Deposition of Timothy Tyrrill, Nevis, 28th Aug., 1717.
Corroborates No. vi. The whole endorsed, Recd.
14th Jan., Read 7th Feb., 1717/18. 1 p. [C.O. 152, 12.
Nos. 62, 62 i.–ix.: and (without enclosures) 153, 13.
pp. 214–216; and (covering letter only) 152, 12.
No. 67.] |
Oct. 8.
Hampton Court. |
135. H.M. Warrants to Governors of Plantations (Leeward
Islands, Barbados, Jamaica, New Hampshire, the Massachusets
Bay, New Jersey, Virginia, Bermuda and New York) for using
the new Seal. Countersigned, J. Addison. That for New Jersey
is printed, N. J. Archives, 1st Ser. iv. 332. [C.O. 324, 33. pp.
104–107; and (draught) 153, 13. pp. 109, 110; and 29, 13. pp.
403–405; and 138, 15. pp. 330–332; and 5, 915. pp. 49–52;
and 5, 995. pp. 338, 339; and 5, 1365. pp. 1, 2; and 38, 7. pp.
333, 334; and 5, 1123. pp. 453, 454.] |
Oct. 8.
Hampton Court. |
136. H.M. Warrant granting Lt. Governor Thomas Tolmach
leave of absence for a year for the recovery of his health. Countersigned, J. Addison. [C.O. 324, 33. p. 103.] |
Oct. 8.
Hampton Court. |
137. Order of King in Council. Approving Representations
of 11th and 14th Oct., 1717, restoring Samuel Barwick to the
Council of Barbados, and granting him one year's further leave
of absence, etc. Signed, Edward Southwell. Endorsed, Recd.
30th, Read 31st Jan., 1717/18. 1¾ pp. [C.O. 28, 15. No. 30;
and 29, 13. pp. 450–452.] |
Oct. 8.
Hampton Court. |
138. H.M. Warrants for above. Countersigned, J. Addison.
[C.O. 324, 33. pp. 112–114.] |
| [Oct. 10.] |
139. Reasons for removing Samual Page, Deputy Secretary
of Jamaica. v. following. Anonymous. Endorsed, Recd. 10th,
Read 11th Oct., 1717. 1½ pp. [C.O. 137, 12. No. 77.] |
| [Oct. 10.] |
140. Anonymous Memorial, giving reasons for restoring to
the Council of Jamaica those who were put out upon the removal
of Lord Archibald Hamilton. They have always endeavoured to
support H.M. Government, follow H.M. Instructions and promote
the welfare of the Island; those who displaced them have always
opposed H.M. Government, and have given up the Council's
right to amend money bills. Their enquiry into the charges
against Lord A. Hamilton was partial, and sent him home without
any proof or witness, etc. Endorsed, Recd. Read 10th Oct., 1717.
2½ pp. [C.O. 137, 12. No. 74; and 138, 15. pp. 333–338.] |
Oct. 11.
Jamaica. |
141. Peter Heywood, C. in C. of Jamaica, to the Council
of Trade and Plantations. Refers to letter of 13th Aug. Capt.
Reynolds took under his convoy thro' the Windward passage
such mercht. ships as were ready etc. He now lyes ready with
another fleet and advises he will be gone the 15th instant. Since
wch. (Aug. 13th) I have not had any account of the pyrates, no
vessells coming to this Island having met with them. I send
herewith the Acts passed this Session with the Journals of the
Councill and Assembly wch. I prorogu'd to the 6th Nov. next.
I thank God I can write your Ldships. that H.M. Island was
never in greater peace and tranquillity then at this time, etc.
Signed, Peter Heywood. Endorsed, Recd. 23rd Dec., 1717,
Read 2nd Jan., 1717/18. 1 p. [C.O. 137, 12. No. 106; and 138,
16. pp. 46, 47.] |
Oct. 11.
Whitehall. |
142. Circular letter from the Council of Trade and Plantations to the Governors of Plantations. H.M. having signed an
additional Instruction to you relating to the not passing Acts
which may affect the Trade and Shipping of this Kingdom, as
also a warrant for your using a new seal etc., we herewith transmit
them etc. The letter to Governor Hunter is printed, Journal of
Legislative Council of New York. I. 428. [C.O. 324, 10. p. 141;
and 138, 15. p. 464.] |
Oct. 11.
Whitehall. |
143. Council of Trade and Plantations to the King.
Recommend for H.M. confirmation Act of Barbados to dock the
intail of certain lands etc. (v. Sept. 4). [C.O. 29, 13. pp. 405,
406.] |
Oct. 11.
Whitehall. |
144. Council of Trade and Plantations to Mr. Secretary
Addison. We enclose the draught of Instructions for Sr. Nich.
Lawes in the usual form, except some few alterations, as follows:—(i.) Whereas by the 10th Instruction, the Governor is restrain'd
from suspending any of the Council, without the consent of the
majority, wch. in some cases may prove of ill consequence, we have
added at the end of that Article the words beginning, Nevertheless
if it shou'd happen that you shou'd have reasons for suspending
of any Counsellor. not fit to be communicated to the Council, you
may in that case suspend such persons without their consent; But
you are thereupon immediately to send to us by one of Our Principal
Secretaries of State and to Our Commissioners for Trade and
Plantations an account thereof, with your reasons for such suspension,
as also for not communicating the same to the Council, and duplicates
thereof by the next conveyance. (ii.) In the 16th Article forbidding the Governor to pass bills of an extraordinary and
unusual nature etc. we have added the words. Or that may anyways
affect the trade or shipping of this Kingdom, pursuant to H.M.
directions on that behalf. We have also added, that he do not
pass any Bill, that shall repeal an Act or Acts that have had the
Royal Assent without first having had leave from H.M.. unless
there be a clause in the sd. Bill, suspending the execution thereof,
till H.M. pleasure be known. (iii.) We have made some small
alterations in the 29th and 30th Articles, only to inforce them, and
to prevent their being liable to be in any manner misunderstood.
(iv.) As it has been a great prejudice to the settling of the
Plantations, that large tracts of land have been granted to
particular persons, who are not able to cultivate and improve the
same; and we observing, that the 35th Article wch. was in
former Instructions on that subject did not fully answer the end
it was design'd for; we have substituted another Article in its
place, which we hope, if duly observ'd, will be more effectual,
(v.) The Governor having objected to the 41st Art.; wch. was
in former Instructions and requir'd him to send over a map with
the exact description of the whole Island, that he cannot comply
with this direction, unless he has a power to appoint a Surveyor
General with suitable encouragement, we humbly offer to H.M.
consideration, as what might be of great benefit to H.M. service,
that proper persons may be appointed to take surveys and make
exact maps, not only of Jamaica, but of the other Islds. and
Plantations in America. (vi.) By the 44th Article, the Govr. is
requir'd upon the suspension of any Patent Officer or his Deputy,
to take care, that the person appointed to execute the place,
during such suspension, do give sufficient security to the person
suspended to be answerable to him for the profits accruing during
his suspension, in case he be restor'd, but as this might in some
cases prove a very great hardship to the person appointed to
officiate, during the suspension, we have added the following
words. It is nevertheless Our pleasure that the person executing the
place, during such suspension shall for his encouragemt. receive
the same profits as the person suspended, if a Deputy, did, or a
moiety of the profits in case of the suspension of the patentee.
(vii.) We have omitted the 49th Article relating to a Court of
Exchequer, the 53rd relating to a Court for determining small
causes, the 75th relating to the Ministers being of their respective
Vestrys, the 95th relating to inhumanity to servants, Indians or
slaves, and the 96th Article abt. Work Houses, (wch. articles
used to be in former Instructions) because the several matters
recommended by them are now provided for by the Laws of the
Island. (viii.) Whereas in the 61st Article of former Instructions,
it used to be said, that with other powers of Vice-Admiralty, the
Govr. was to receive from the Commissioners for executing the
Office of High Admirall of Great Britain, authority to suspend
any Captain or Commander of any ship of war for refusing or
neglecting to obey such written orders as shou'd be given him by
the said Governor for H.M. service etc. But the Lords of the
Admiralty having not thought fit to add to the Commission of
Vice-Admiral, wch. they have given Sr. Nicholas Lawes, any such
power, we have alter'd the clause in the manner you will observe
by the 59th Article of the present Instructions; However as it
may be of great consequence to the service of the Plantations,
that such ships of war as shall be sent to protect the said Plantations and the Trade thereof respectively shou'd be during their
stay there, under the directions of the Governor, more particularly,
with relation to convoys and sailing orders, we are humbly of
opinion that it will be for the publick service, that all the
Governors in the Plantations shou'd be impower'd and authoriz'd
accordingly. (ix.) In the 73rd Article, after these words, You are
not to prefer any Minister to any Ecclesiastical Benefice in that
Island without a certificate from the Rt. Rev. Father in God, the
Lord Bishop of London, we have added, or some other Bishop, as
believing the certificates of one Bishop in such a case, relative
only to the life and conversation of the person, equal to that of
any other Prelate, because it has been represented to us, that it
woud be expensive and inconvenient to clergymen to be oblig'd
to travell to London, purely to obtain a certificate, when a more
convenient place of embarkation might offer for them at some
other part. (x.) After the words said Lord Bishop of London in
the 76th Article, we thought it necessary to add the following
words, but when such persons so qualify'd as above shall be wanting
for the promotion of learning and good education, you may yourself
license such other persons as you shall think qualify'd for such
imployment. (xi.) At the end of the 90th Article, wch. seems
calculated to discourage vexatious appeals to your Majesty's
Council in England, we have added the following words. In any
case where a judgement first given by an Inferiour Court in that
our Island shall have been confirm'd by the Governor and Council
there, as being desirous to follow the original design of the
Instruction, so far forth as the same may be agreable to the
practice in the Courts of Judicature in England, where every
appeal to a Superior Court stops the execution from the Inferior,
reserving out of that general rule such cases only as carry in the
very face of them an appearance of being vexatious. (xii.) We
have omitted the 100th Article wch. was You are to acquaint our
Council and Assembly that we think fit when any complaint shall
be intended against you, notice shall be immediately given you thereof
by the complainants with the charge against you in writing to the
end you may make preparation for your defence, Because we find
that one of the Articles of Impeachment against the Ld. Strafford
in the reign of King Charles the 1st, was for his having obtain'd
an order to this effect; and because we take it for granted that
whenever any complaint is offer'd here against a Governor,
nothing will be determin'd about it, nor any impression be taken
to his prejudice, before he has had a copy of that complaint and
sufficient time and opportunity to make his justification. (xii.)
We have added the Articles 95–101, pursuant to H.M. Commands
April 12th. In relation to the Council, we take leave to observe,
that having had before us several lists of persons recommended
to us to be Councillors by the former and present Governors, as
well as by several other persons of consideration, we have inserted
the names of Fran. Rose, Tho. Bernard, James Archbould,
John Ayscough, John Sadler and Ezekiel Gomersal, some of them
being of the present and others having been of the former Council
and have always behav'd themselves with zeal for the service of
the Crown and the publick. We have omitted of Cha. Chaplin,
Jno. Blair, Jas. Risby, Tho. Beckford, and George Bennet, the
two first having been formerly remov'd by a Representation of
this Board at the King's happy accession to the Crown, and having
jointly with others since they were restor'd, given their assent to
sevl. bills, in wch. we conceive they have not had a due regard,
either to the King's Instructions or the support of H.M. just
Prerogative. And we have added the names of John Moore,
Edward Pennant, Tho. Harrison, Saml. Moore, John Gregory and
Jno. Morant who have been represented to us as Gentm. of good
estates, well affected to H.M. Government and every way
qualify'd to serve H.M. in that station. And having communicated
these names to Sr. Nich. Lawes, he has given us the same
characters of them. As for Peter Heywood Esq. the present
Commander in Chief, we think him lyable to the same objections
as the other Gentm. whose name we have omitted, besides,
we have been inform'd that he wou'd not care to act as Councillor
after he has had the chief command there. We further send you
the draught of Instructions relating to the Acts of Trade and
Navigation wch. are in the usual form. Annexed, |
|
144. i. H.M. Instructions for Sir N. Lawes, Governor of
Jamaica. St. James's. Jan. 1st, 1717/18. In the usual
form, except that Articles 49, 53, 75, 95, 96, and 100 of
former Instructions are omitted (v. supra), and alterations
are made, as indicated in covering letter, in Articles 10, 16,
29, 30, 35, 44, 59, 73, 90, 95–101. |
|
Articles 29, 30, 35, 59, 95–101 now run:—(29) It is
Our express will and pleasure that no Law for raising
any imposition on wines or other strong liquors be made
to continue for less than one whole year, and that all
other laws made for the supply and support of the
Government shall be indefinite, and without limitation,
except the same be for a temporary service, and wch.
shall expire and have their full effect within the time
therein prefix'd. (30) And whereas several other laws
have formerly been enacted for so short a time that
our assent or refusal thereof cou'd not be had thereupon,
before the time for wch. such Laws were enacted, did
expire, You shall not for the future give your assent
to any law that shall be enacted for a less time than two
years; and you shall not re-enact any law, to which our
assent has once been refus'd, without express leave for
that purpose first obtain'd from us, upon a full
representation by you to be made of the reason, and
necessity for passing such law. (35) And whereas it
hath been in all times a very great hindrance to the
peopling and settling of our said Island, that large
tracts of land have been engross'd by particular persons,
a great part whereof still remain uncultivated, whereby
the Island is depriv'd of many inhabitants, that wou'd
other ways have settled there, and have greatly contributed to the security, wealth and defence thereof.
Now having taken the said inconvenience into our
Princely consideration, and being especially minded to
provide against so great an evil for the future, We do
hereby in a very particular manner recommend to you
to use your best endeavours to get a law pass'd in the
most effectual terms for obliging all persons already
possess'd of any lands in our said Island to plant and
cultivate the same within the space of three years or to
dispose of the same to such persons as will undertake
to do it, and in default thereof, that such lands may
revert to us to be regranted as We shall see cause; and
it is Our express will and pleasure, that no grant of lands
shall be made by you on our behalf to any person whatever already possess'd of 1000 acres or more, within our
said Island, and that no person whatever shall for the
future be capable of holding by any grants hereafter to
be made on our behalf more than 1000 acres as aforsd.
And that all future grants shall be expressly upon
condition, that the land granted shall be cultivated
within three years or else revert to us, Our Heirs and
Successors. (59) And whereas you will receive from
Our Commissioners for executing the Office of High
Admiral etc. a Commission of Vice-Admiral of our said
Island of Jamaica, you are hereby requir'd and directed
carefully to put in execution the sevl. powers thereby
granted you. (95) Whereas We have been inform'd
that some Assemblys have of late assum'd to themselves
the power of adjourning at pleasure without leave from
Our Governors first obtain'd as usual by request, wch.
is highly detrimental to Our Royal Prerogative and may
prove of prejudice to the publick service, It is our will
and pleasure, that you signify to the General Assembly
of Jamaica; and that you accordingly insist upon it,
that they have no right to adjourn themselves otherways
than de die in diem, excepting Sundays and holidays,
without leave from you Our Governor or from Our
Governor or Commander in Chief of the said Island for
the time being first ask'd and obtain'd. (96) Whereas
by these Our Instructions to you for the better Govt. of
the said Island, you are required to take care, that in
all Acts or Orders to be pass'd within that Our Island
in any case for levying money or imposing fines and
penaltys, express mention be made, that the same is
granted or reserv'd to Us, Our Heirs and Successors for
the publick uses of that our Island, and the support
of the Government thereof, as by the said Act or Order
shall be directed. And whereas the General Assemblys
of Our Island of Jamaica have of late assum'd to themselves the sole right of framing money bills, refusing to
let the Council alter or amend the same; You are to
take notice that Our Council as such are a more ancient
part of, and have still at least an equal share in the
Legislature with the Assembly, who have no right to
meet or debate upon any matters whatsoever, but by
virtue of a clause in Our Commission under the Great
Seal of this Kingdom, without which they cou'd not be
elected nor sit as an Assembly, That Our said Council
have frequently alter'd money bills in former times
without opposition from the Assembly; And We are so
far from looking upon this pretended right to be inherent
in the said Assembly, that we esteem the same to be a
violation of the accustom'd usage and constitution of
Jamaica; Wherefore you are hereby requir'd to support
Our Council in their just right in this particular.
(97) And whereas the General Assemblys have within
these few years taken upon them to nominate Commissioners for the receipt of the publick monys, wch. may
be attended with many other inconveniencys and
dangerous consequences, besides the prejudice done to
the person, whom We have appointed or shall hereafter
appoint to be Our Receiver General of Jamaica, under
the Great Seal of this Kingdom, You are not to give your
consent for the future to any law for the raising of mony
or the value of mony, whereby it is not expressly
declar'd that such mony shall be put into the hands of
and receiv'd by Our Receiver General aforesaid;
provided that nothing herein contain'd shall be construed
to hinder the Assembly from appropriating any mony
given by them on extraordinary occasions in such manner
as may not be contrary to the intent of this or any
other Instruction, herewith given to you. (98) Whereas
we have judg'd it necessary for Our service, and for the
defence and security of Our said Island of Jamaica,
that the two independent Companies now remaining
there, shou'd continue on foot, untill the Island be
better peopled with white men; you are to recommend
to the Assembly in the strongest terms to make provision for subsisting the said two Companies, assuring
ye Assembly at the same time in Our name that the said
two Companies shall be sent for from thence as soon as
it shall appear to Us, that there are white people enough
establish'd there to defend that Island against the
attempts of any enemies from without, and of the negro
slaves from within. (99) And whereas the Lord Archd.
Hamilton. late Govr. of that Island and the then
Council did disburse several considerable sums for the
subsistence of the said two Companies at a time when
the Assembly had declin'd providing for them. And
whereas it is but just and reasonable, that monys
advanc'd upon exigencys for the publick services shou'd
be punctually discharg'd. It is Our will and pleasure,
that you move the Assembly also in Our name in the
most pressing manner that they take care to provide
such supplies as may be necessary for the dischargeing
not only of that and the other debts of the Government
unprovided for, but also that they take care to settle
such a Revenue as may be thought sufficient for the
support and honour of the Government for the future.
(100) And whereas the Members of several of the
Assemblys in the Plantations have frequently assum'd
to themselves the privilege of being protected from
suits at law, during the term they remain of the Assembly
to the great prejudice of their creditors and the obstruction of Justice, and whereas it has been declar'd by her
late Majesty in Council the 31st May, 1713, upon a full
examination of the matter, that there is no ground for
the claiming such pretended privilege, nor have you
Our Governor any authority by Our Commission to you
to allow the same; It is therefore Our will and pleasure
that no such pretended privilege be allow'd to any
Member of the Assembly or of Our Council (otherways
than in their persons) which you are to signify to them,
that all officers and other persons whom it may concern
may take notice hereof and pay due obedience hereunto.
(101) And whereas upon the expiration of an Act
pass'd in Our Island of Jamaica in 1693 for raising
mony to sollicit in England the affairs of this their
Majestys' Island, the Assembly did pass a bill for ye
same purpose, wherein Our Council were entirely
excluded from any share in the management thereof;
We do hereby empower you to give your consent to a
new law for raising mony to sollicit the affairs of Our
said Island in England, provided that such levy do not
exceed £300 ster. yearly, and that two of Our Council
in conjunction with five of the Assembly, to be nam'd
by their respective Bodies be thereby authoriz'd to
exercise the several powers given them by the former
Act passed in 1693. |
|
144. ii. H.M. Instructions to Sir N. Lawes relating to Trade and
Navigation. [C.O. 138, 15. pp. 344–457.] |
| Oct. 11. |
145. Rich. Bankes to the Council of Trade and Plantations.
Repeats proposal to purchase the late French lands in St. Christophers etc. Signed. Richd. Bankes. Endorsed, Recd. Read 11th
Oct., 1717. 1 p. [C.O. 152, 12. No. 44.] |
Oct. 11.
London. |
146. Micajah Perry, John Perry and Samuel Travers to the
Council of Trade and Plantations. Undertake to purchase the
late French lands in St. Christophers upon the terms proposed by
John Mills (v. Sept. 19), lately deceased. Signed, Micajah Perry,
John Perry; Saml. Travers. Endorsed, Recd. Read 11th Oct.,
1717. 1 p. [C.O. 152, 12. No. 45.] |
Oct. 14.
Whitehall. |
147. Mr. Popple to Wm. Lowndes. Applies for orders to
H.M. Printer to supply the Board of Trade with copies of several
Acts necessary to be given to Governors of Plantations with their
Instructions. [C.O. 324, 10. pp. 142–144.] |
Oct. 14.
Whitehall. |
148. Council of Trade and Plantations to the King. An Act
having been pass'd in your Majesty's Island of Barbados in July
1716, entituled an Act laying an imposition, or duty on all sugars,
molossies, rum, cotton and ginger imported this Island, which are
not the natural product, growth and manufacture of some of H.M.
Colonies, we have considered the reasons the Agents have
suggested to us for passing the said Act (v. Sept. 25), which are to
prevent commerce carryed on by a few private persons who have
fallen into the Dutch and French sugar trade, and very much
assisted and improved the French and Dutch Colonies by sending
them horses, asses and negroes to the great detriment of the
inhabitants of Barbado's, who, with respect to the labour and
expence in cultivating their land are under greater disadvantages
than the Dutch or French in those parts; and to correct an
abuse that has been practised of late years in importing of foreign
sugars into Barbado's, and reexporting the same afterwards to
this Kingdom under the notion of sugars of the growth of the said
Island, whereby the payment of the double duty on foreign
sugars has been evaded and the price of the sugars of your
Majesty's own Plantations lessened, whereupon we are humbly of
opinion that the said Act may be fit to receive your Majesty's
Royal approbation. [C.O. 29, 13. pp. 407–409.] |
Oct. 14.
Hampton Court. |
149. Mr. Secretary Addison to the Council of Trade and
Plantations. Refers following for their report. Signed, J.
Addison. Endorsed, Recd. 22nd Oct., Read 6th Nov., 1717.
Enclosed, |
|
149. i. Petition of Anne Low, Widow, to the King. Prays for
a patent for the sole privilege of making sturgeon in
America. Petitioner's husband was murdered by the
Indians. Her father who devotes himself to the fishing
trade in the Plantations and at Hamburgh etc., has
acquired the art of curing sturgeon, and brought it to a
much greater perfection than had been formerly done
by H.M. subjects. He now requires her to go over and
help him, etc. Signed, Anne Low. The whole 1 p.
[C.O. 5, 866. Nos. 124, 124 i.; and 5, 915. pp. 52–55.] |
Oct. 15.
Whitehall. |
150. Mr. Popple to Messrs. Mayne and Tilden. Sends a box
containing the new Seal and papers to be forwarded to the Governors of Barbados and Bermuda. Similar letter to Mr. R. Tryon
for the Leeward Islands and to Micajah Perry for Virginia.
[C.O. 29, 13. p. 409.] |
Oct. 15.
Whitehall. |
151. Receipt for the new Seal of Jamaica. Signed, Nicholas
Lawes. ¼ p. [C.O. 137, 12. No. 79; and 138, 15. p. 467.] |
