|
June 16.
Whitehall. |
246. Lords Justices to Governor Shute. Restitution is
to be made to Mr. Hiriberry of the vessel and effects taken from
him at Canso by Capt. Smart, (v. No. 248.). Signed, Ch.
Delafaye. Endorsed, Recd. (from Monsr. Hiriberry) 15th,
Read 20th Sept. 1720. French translation. 3 pp. [C.O. 5,
867. No. 75.] |
| [June 16.] |
247. Petition of merchants of London trading to Jamaica
to the Lords Justices. Severall of your Petitioners have reced.
notice from their correspondents at Jamaica that the trade
of that Island with the Spaniards in those parts is rendered
impracticable by reason that the Comanders of H.M. ships
attending the service there do threaten to take as prize all such
ships and vessells belonging to H.M. subjects as shall trade on
the coast of New Spain or elsewhere with any of the subjects
of Spain in America under colour as we apprehend of the warr
being lately declared with the Spanish Nation in Europe. By
this meanes great quantitys of woollen and other British manufactures now lying at Jamaica of great value cannot be exported
for sale to the Spanish coast but must be unavoidably destroyed
by the insects which swarm in that country unless forthwith
returned to England again etc. Hereby the only channell left
to Great Britain of comeing att or trafficking for any silver is
not only cutt off and wholly stopped at present but this discouragement to the Spanish traders added to the many losses
they have sustained by the pirates, will induce them to quit
and abandon the said trade which must consequently fall
into the hands of their rivalls the Dutch at Cuirassao and the
French at Petit guaves (which our ships of war do not molest)
and so be a meanes of looseing our share thereof for ever.
Petitioners do conceive that these restrictions touching this
trade, tending only to oppress H.M. subjects and not those of
any other Prince in alliance with H.M. are contrary to the words
and the intent of H.M. late Declaration of Warr. This trade
hath been so far from being discouraged in this manner in all
times before and even dureing the former warr with Spain
and France that H.M. ships of warr have been constantly
appointed for it's protection and security and provision made
by Parliament in divers Acts for encourageing the same.
Pray that orders may be sent to the Governour of Jamaica
and Comanders of H.M. ships of warr there or other relief
given to this branch of British trade etc. Signed, Tho. Lane,
and 23 others. 1 p. Enclosed. |
|
247. i. Extracts of letters from correspondents in Jamaica. |
|
(a) Lewis Galdy to Mr. Lamago [? Aron Lamego]
Portroyall, 24th March, 1719. The warr so much
desired here is like to be of no advantage to us. All
trade with the Spaniards being forbid etc. |
|
(b) Isaac Bravo, Jamaica, to John Mendez de Costa.
23rd March, 1718. We have freighted a sloop for
Portabello, but upon the arrivall of the Deal Castle
with letters for the Governour that the warr was proclaimed against the Spaniards he ordered the same
publication to be made here, he likewise recd. instructions from the Admiralty, for the Captains of the men
of warr that in case they should meet with any ships
tradeing with the Spaniards in any port they should
take them as prize etc. Wee applyed ourselves to the
Governour and the King's Attorney and both of them
promised that they would not hinder us, but would
not pass their words for the Comanders of the men
of warr. |
|
(c) Charles Aldcroft to Wm. Bignell, Jamaica, 30th
March. On the 17th warr was proclaimed, and we
have already nine privateers commissioned and more
will soon follow, they and our men of warr threaten
all who shall be found tradeing with the Spaniards etc.
Wee hope Instructions from the King will be sent our
governors how we are in that point to behave with
orders for our men of warr to protect our trade which
is of no small advantage to the English in generall
and the only way to put Jamaica into a flourishing
condicion. |
|
(d) Moses Lamego att Portroyall to Aron Lamego.
23rd March. We shall be very glad to have orders
from England by the first ships for the takeing off
this prohibition because we believe the Spaniards are
very inclineable to trade with us. Endorsed, Read
16th June, 1719. Agreed to. 1 p. [C.O. 137, 46.
Nos. 37, 37. i.] |
June 16.
Whitehall. |
248. Order of Lords Justices in Council. Approving
Representation of June 5, and directing Governor Shute and
Capt. Smart to make restitution to Johannis de Hiribirri, and
all other the Most Christian King's subjects, of their effects
seized at Canceau, provided satisfaction be given to all H.M.
subjects on whom any reprisalls may have been made by the
French on occasion of this seizure; "and you are to declare and
signify in such manner as you shall think proper that this
restriction is not to give the French any new right or claim to
the said Cape or Isle of Canceau or the lands thereunto belonging, but that H.M. right thereto shall be and remain as full and
entire, and in the same force and virtue as if the said restitution
had never been made: And altho' we do not discommend the
zeal you have shewn for H.M. service, and for supporting the
rights of the Crown; yet as the keeping up a perfect friendship
between Great Britain and France is necessary for the security
and welfare of both, you are as well in this as in all other
occasions to do all that in you lies towards maintaining and
improving the good correspondence and union between them,
and to prevent and remove all occasions of dispute or contention
between the two Nations." Countersigned, Ch. Delafaye.
[C.O. 324, 33. pp. 230–232.] |
| June 18. |
249. Mr. West to the Council of Trade and Plantations.
Reply to June 10. I have no objection to the draught of the
Commission for Governor Philips etc. Signed, Richd. West.
Endorsed, Recd. 18th., Read 19th June, 1719. ¾ p. [C.O. 217,
2. No. 76; and 218, 1. p. 416.] |
June 18.
Whitehall. |
250. Council of Trade and Plantations to the Lords
Justices. Recommend John Cochran, William Irish and
Richard Cooke to fill vacancies in the Council of Montserrat etc.
[C.O. 153, 13. p. 413.] |
June 19.
Whitehall. |
251. Mr. Delafaye to the Governor of New England. I send
you by command of the Lds. Justices copys of letters following,
complaining of your treatment of Capt. Smart, which appears
so extraordinary, that if it be as is represented, their Excys.
expect you should give him satisfaction for the injury he has
suffer'd by the illegal proceedings against him, and if you can
shew it to be otherwise you will send a state of the matter
supported by vouchers and evidence necessary for your
justification. Signed, Ch. Delafaye. Annexed, |
|
251. i. Mr. Burchett to Mr. Delafaye. Admiralty Office, 13th
June, 1719. My Lds. Commrs. of the Admty. desire
you will lay enclosed before the Lords Justices etc.
that their Excys. may be inform'd in what unjustifiable
and disrestpectfull manner Capt. Smart has been
treated by the Governor of New England, as well as
other irregularitys committed by him in matters
relating to H.M. maritime service etc., being of such
a nature as may carry with it very evil consequences.
Their Lops. do humbly desire that such notice may
be taken thereof to him as may effectually put a stop
to the like for the future. Signed, J. Burchett. |
|
251. ii. Extract of letter from Capt. Smart to Mr. Burchett.
H.M.S. Squirrel, Boston. 28th Jan., 1719. As to the
many private injuries and abuses which I have suffer'd
from the Govr. and his emissaries, because I could not
be brought to submit my Instructions to his arbitrary
will, and own his authority to be superior to that of
my Lds. Commrs. of Admty., I should have willingly
past over them all without offering the least complaint, if I had not very lately met with such a surprising instance of his inveterate malice against me, and
his disrespect to the King's service; that it can only
be parallel'd in the annals of his predecessors, I mean
the Govrs. of this Independt. Countrey. His Secretary coming at night into a gentleman's house where
I was with some company, treated me with unmannerly
and provoking expressions. To avoid giving disturbance to the family I went away and next morning
call'd upon him to know his reason for taking such
liberty with me and if he persisted still in the same
opinion. He told me he did and was resolv'd to justify
it. Tho' this encounter was attended with no greater
mischief than a slight wound in his arm, yet in a few
days after the Judges of the Superior Court being
assembled on the Bench, and signifying by a private
messenger their desire to speak with me, which I
readily comply'd with not apprehending their design,
without any complaint or process, nay without any
tryal or form of proceeding they order'd their Sheriff
to carry me immediately to the common goal, and there
detain me 24 hours, and besides a fine of £10 which
they sentenc'd me to pay to the King, they obliged
me to find security in an unreasonable sum for my
good behaviour. I fulfill'd the judgement which was
principally founded (as one of the Judges declared in
Court) on the assurance the Govr. had given them by
an Act of Parliamt, made in England, it is present
death to give a challenge, which, if true, could never
be apply'd to my case since I was not the aggressor.
Copy. [C.O. 324, 33. pp. 233–236.] |
June 19.
Boston. |
252. Mr. Bridger to Mr. Popple. Repeats objections to
Mr. Armstrong as Deputy Surveyor of the Woods etc. Cf. June
26, July 9 etc. Signed, J. Bridger. Endorsed, Recd. 5th Aug.,
Read 10th Sept. 1719. Addressed. 3 pp. [C.O. 5, 867.
No. 48.] |
| June 19. |
253. Lords Proprietors of Carolina to Governor Johnson.
We have considered your complaint of the great difficulty you
labour under in procuring the persons (whom we lately appointed
to be of your Council to assist you in the administration of the
Government of Our Province) to attend in Charles Town. We
therefore are willing to ease you in that affair, as far as we
can, and have and do by these presents appoint you a Council
consisting of the twelve persons following vizt., Ralph Izard,
Nichs. Trott, Cha. Hart, Saml. Wragg, Wm. Gibbons, Ben. de
la Counceleire, Wm. Ball, Hugh Butler, Peter St. Julian, Francis
Yonge, Jacob Satur, Jona. Shrine, Esqrs., whom we enjoyn
you immediately to summon upon your receipt of this, that
they may qualify themselves and sit upon business as soon as
may be. Signed, Carteret Palatin; M. Ashley, J. Colleton,
J. Danson. [C.O. 5, 290. pp. 142, 143.] |
| June 19. |
254. Same to Same. Upon reading your letter to my
Lord Palatin, wherein you complain of Colo. Rhett's affronting
you, we think it proper to inform you, that we highly resent
any indignity offer'd to you who represent us; and we do assure
you, that we are firmly resolv'd always to support the dignity
of our Governors: and therefore in case Mr. Rhett has not
given you satisfaction upon that accot. or refuse to do it, we
do hereby order you immediately to suspend him from the
executn. of his office, but not to put any other person in his
room till our further order. We do assure you that no
complaints have come to us or to either of us against you
from Colo. Rhett, as has been reported. Signed as preceding.
[C.O. 5, 290. pp. 143, 144.] |
June 19.
Whitehall. |
255. Council of Trade and Plantations to the Lords
Justices. Enclose following. Continue: The Province [of
Placentia and Nova Scotia] not being hitherto peopled or settled
by H.M. subjects, we did not think it necessary, that either
the Commission or Instructions for Col. Philips should be so
extensive, as those for H.M. other Governors, in America
etc. But for Col. Philips better Government, in addition to
these Instructions, we have thought it necessary, that he
should have with him, a copy of H.M. Instructions to His
Governor of Virginia, which may be of use to him so far as they
shall be applicable to cases that may happen and are not
sufficiently provided for by these instructions, till H.M. further
pleasure shall be known. Your Excellencies will perceive that
the Instructions we have prepared for Col. Philips, are entirely
calculated for the laying out and making a new settlement,
wherein we have made the best provision we are able to propose
at present for the peopling of the country, for promoting the
fishery, for the preservation of the timber fit for ye Royal
Navy and for encouraging the productn. of Naval Stores,
more particularly of hemp, which is very much wanted in
H.M. Dominions. There is a clause in the said Instructions
whereby the Govr. is directed to live in perfect friendship and
good correspondence with the Governor of Canada and all
officers and other subjects of his Most Christian Majesty in
those parts, and to avoid as far as in him lies all occasions of
dispute or contention with them. But at the same time,
considering how formidable the French already are there, and
how much reason there is to be jealous of their new settlements
and extent of territory on the back of the British Plantations
from ye Gulph and River of St. Lawrence down by the Lakes
and the River Missisipi to the Bay of Mexico, we have prepared
an Instruction directing Col. Philips to keep a watchful eye
upon them, and to transmit from time to time the best accounts
he can get of their proceedings. And as we are convinced
from all the accounts that we have received from America,
that nothing has so much contributed to strengthen the hands
of the French in those parts, as the friendship they maintain,
and the intermarriages they make with the Indians we have
not only prepared a clause in his said Instructions, requiring
him to give all civil and friendly treatment to the Indian
Nations or clans within his Governmt., but have likewise
taken the liberty to propose an Instruction for encouraging of
intermarriages between H.M. subjects and the said Indians,
which we hope may have a very good effect there, and can
occasion but a small expence to H.M. We were the rather
induced to offer this Instruction because of ye weak condition
Nova Scotia is in at present, being only inhabited by French
planters, who have hitherto refused to take the oaths to H.M.
and by the Indians, who are very much influenced by the
French Missionaries; to which may be added that this Province
lies between the two French settlements of Cape Breton and
Canada, where they are very strong and numerous, and daily
encroaching upon H.M. territories in those parts. We think
it highly necessary that a reservation should be made of certain
tracts of land in proper places to be set apart for the production
and preservation of timber for the use of the Royal Navy, and
as we have proposed in the said Instructions, that the Govr.
shall make no grants, till the country shall have been survey'd;
we humbly offer that the Surveyor General of the Woods on
the Continent of America have directions forthwith to repair
to Nova Scotia, and mark out such parts thereof as are proper
to be reserved for this purpose agreeable to the said Instruction.
We have likewise prepared and herewith lay before your
Excellencies another draught of Instructions for Col. Philips,
which relate only to ye observance of the several Laws of
Trade and Navigation, and are in the usual form etc. Repeat
proposal for a ship to attend the Province etc.; "for in our
humble opinion it will be impossible for Col. Philips either to
protect the trade and fishery of H.M. subjects there, or to put
the greatest part of his Instructions in execution, without such
an assistance." Annexed. |
|
255. i. Draught of H.M. Commission to Richard Philips
to be Governor of Placentia and Cap. General and
Governor in Chief of Nova Scotia or Accadie. To
appoint a Council not exceeding the number of 12,
levy forces, grant lands under a moderate quit-rent,
and "do execute and perform all and every such
further act and acts as shall or may tend or conduce to
the security of our said Province, and the good people
thereof and to the honour of our Crown," etc. |
|
255. ii. Draught of H.M. Instructions to Governor
Philips. 1-8. Usual Instructions as to Councillors.
(ix). And the better to enable H.M. to compleat
what may be further wanting towards the establishing
a civil Governmt. in the said Province, you are to
give unto H.M. by one of his principal Secretaries of
State, and to the Commissioners for Trade and
Plantations, by the first opportunity after your
arrival there, a true state of the said Province, particlarly with respect to the number and qualifications
of the people that either are there, or hereafter shall
resort thither, of what number it may be proper to
constitute an Assembly? What persons are proper
and fit to be judges, justices or sherrifs? and any
other matter or thing, that may be of use to H.M. in
the establishing a civil Government as aforesaid.
(x) In the meantime till such a Governmt. shall have
been established you will receive herewith a copy of
the Instructions given to the Governor of Virginia,
by which you will conduct yourself, till H.M. further
pleasure shall be known, as near as the circumstance
of the place will admit, in such things as they can be
applicable to, and where you are not otherwise directed
by these Instructions. But you are not to take upon
you to enact any laws till H.M. shall have appointed
an Assembly and given you directions for your proceedings therein. (xi) Whereas we are informed
that the inhabitants of Nova Scotia (except those
of the Garrison of Annapolis Royal) are most if not
all of them French, who never took the oaths of fidelity
and allegiance to H.M., or to the late Queen; notwithstanding such their undutiful behaviour, you are
immediately upon your arrival there, to invite them
in the most friendly manner by Proclamation and
otherways, as you shall think fit to submit to your
Government and swear allegiance to H.M., within
the space of four months from the date of such your
Proclamation, upon which condition, they shall enjoy
the free exercise of their religion, and be protected
in all their civil and religious rights and liberties so long
as they shall behave themselves as becomes good
subjects. (xii) You shall take care to give notice
to H.M. by one of his principal Secretaries of State
and to the Comrs. for Trade and Plantations of the
effect of this Proclamation and expect H.M. further
orders thereupon for your conduct towards such of
the sd. French inhabitants as shall not have comply'd
therewith by the time therein prefix'd. But in the
mean while, you are to observe that the sd. French
inhabitants of Nova Scotia have long since lapsed the
time, granted them by the Treaty of Utrecht, for
removing their effects from thence to any part of the
French Dominions in America; and therefore if any
of the said French inhabitants should notwithstanding
the encouragement given them to become good
subjects to H.M. resolve to remove out of your
Governmt. you are to take particular care as far as in
you lies, that they do no damage, before such their
removal to their respective houses and plantations,
and that they be not permitted to carry off their
effects with them. (xii) And as it is not reasonable
that such of the French inhabitants as shall neglect
or refuse to take ye oaths of allegiance aforesaid,
within ye time prefix'd, should enjoy ye same liberties
and advantages with the rest of H.M. subjects in
Nova Scotia, you are hereby directed, to debar them
from fishing on the coast, till H.M. further pleasure
be known concerning them. (xiv) You are to send
to H.M. by one of his principal Secretarys of State,
and to the Comrs. for Trade and Plantations an accot.
of the number of the said French inhabitants remaining in that Province; Where their settlements
are? Whether they live in townships, or are scatter'd
at distances from each other? What trade they
carry on, either with the Indians or otherwise? And
how they employ themselves for the subsistance of
their families? What number of ships they have?
How they are employ'd? To what markets they
carry the fish they catch? And what goods or
commodities they bring back (and from what places)
in return for their said fish? Also the like accounts
with respect to such of H.M. natural born subjects,
as are already setled in the said Province.
(xv) You shall after your arrival there propose to the
Governor of Canada to appoint one or more Commissaries in behalf of ye French, to be joined with
such as you shall appoint on H.M. part to view the
limits between H.M. territories and those of France
bordering on Nova Scotia pursuant to the Articles
of the Treaty of Utrecht and to such further Instructions as you shall receive from hence for that purpose;
and you shall send a full account of your proceedings
herein to one of H.M. principal Secs. of State to be
laid before H.M. and to the Comrs. for Trade and
Plantations as aforesaid, with your opinion upon the
whole. (xvi) You shall live in good correspondence
with the said Govr. and all other officers and subjects
of the most Christian King, taking particular care
that no violence be offer'd to them, whereby an
occasion might be given to interrupt the friendship
and good correspondence between the two Crowns,
which more particularly in the present juncture. is
so necessary for their mutual advantage, and in case
the subjects of France should make any depredations
upon those of H.M. or do them any other injury, you
shall not make reprizals without further order from
H.M., but you shall in an amicable manner demand
redress of the Govr. of Canada, or such other officer
as it may concern; But if it should so happen that
he persist in justifying what such subjects of France
may have done, and that either thro' his obstinacy
or the dubiousness of the case, you shall not be able
to adjust the difference between yourselves, in a
friendly manner, you shall represent the same to one
of H.M. principal Secretaries of State, and to the
Commissionrs. for Trade and Plantations to be laid
before H.M., acquainting the said Govr. or other
officer in the first place with your intention so to
do, and offering to impart to him your represn. of the
case if he will, in like manner communicate to you
what he writes to the French Court upon that subject.
(xvii) You are notwithstanding to keep as strict
a watch as possible upon the proceedings of the French
at Cape Breton and in Canada and particularly you
are to send to H.M. by one of his Secretaries of State
and to the Commrs. for Trade and Plantations frequent
accounts of their number, strength and situation—what commerce. they carry on—and what progress
they have made in their settlement on the back of
the British Plantations, especially with regard to the
communication they are said to have opened from the
Gulph and River of St. Lawrence to the Lakes of
Ontario and Erie, and from thence down the River
Missisipi to the Bay of Mexico. (xviii) You shall
to the utmost of your power encourage the growth
and production of timber, masts, tar, hemp and other
Naval Stores, in the Province of Nova Scotia, and
you are to enquire, what trees there are in the said
Province fit for masts for the use of the Royal Navy
and in what parts of the country they grow at what
distance they are from any rivers whereby they may
be the more commodiously brought down, in order
to be shipt for this Kingdom. (xix) And you are
in a particular manner to signify H.M. express will
and pleasure to all the inhabitants that now are or
hereafter shall come to settle there, and to take care
yourself, that no trees fit for masts for the future,
of the diameter of 24 inches and upwards at 12 inches
from the ground be cut without H.M. particular
licence. (xx) You are to endeavour to get a survey
made of the said Province of Nova Scotia as soon as
conveniently may be; and in the mean time you are
to send to H.M. by one of his principal Secretaries
of State, and to the Commrs. for Trade and Plantations
the best description of that country you are able to
get, with relation to its extent and situation, with
respect to ye neighbouring French of Canada and
Cape Breton. (xxi) You are also to send the most
particular account you can of ye nature of the soil.
What swamps there are in it? and whether those
swamps do produce mast trees, or by drayning may
not be made fit for raising of hemp? What other
products the country is capable of? and how the same
may best be improved for the advantage of this
Kingdom? and what trade may be carried on with
the Indians for furrs and otherwise? What navigable
rivers there are in ye said Province and what others
fall into them? (xxii) And whereas we have
judged it highly necessary for H.M. service that you
should cultivate and maintain a strict friendship and
good correspondence with the Indian Nations
inhabiting within the precincts of your Governmt.
that they may be reduced by degrees not only to be
good neighbours to H.M. subjects. but likewise themselves become good subjects to H.M., we do therefore
direct you upon your arrival in Nova Scotia to send
for the several heads of the said Indian Nations or
clans, and promise them friendship and protection
on H.M. part. You will likewise bestow on them,
as your diseretion shall direct, such presents as you
shall carry from hence in H.M. name for their use.
(xxiii) And as further mark of H.M. good will
to the said Indian Nations; you shall give all possible
incouragement to intermarriages between H.M. British
subjects and them for which purpose you are to declare
in H.M. name, that H.M. will bestow on every white
man being one of His subjects, who shall marry an
Indian woman, native and inhabitant of Nova Scotia,
a free gift of the sum of £10 sterl. and 50 acres of land,
free of quit rent for ye space of 20 years, and the like
on any white woman being H.M. subject who shall
marry an Indian man, native and inhabitant of Nova
Scotia, as aforesaid. (xxiv) And whereas it will be
of advantage to H.M. service and highly beneficial
to the trade of Great Britain, that the said Province
of Nova Scotia be peopled and settled as soon as
conveniently may be; as an incouragemt. to all
H.M. good subjects, that shall be disposed to settle
themselves and their families there; you are hereby
directed to make grants of such lands in fee simple
as are not already disposed of by H.M., to any person
that shall apply to you for the same; reserving nevertheless to H.M., his heirs and successors an annual
rent of one shilling, or of three pound of hemp, clean,
bright and water-rotted for every fifty acres so granted,
at the election of the grantee; the said rent to commence three years after the making the grant, and
not before; you are to take especial care, that there
be a clause inserted in all ye said grants, declaring,
that if any grantee shall refuse or neglect to pay the
abovementioned rent for the space of three years,
after ye same shall become due, his patent shall henceforth be null and void to all intents and purposes
whatsoever, (xxv) But as great inconveniencies
have arisen from suffering one single Proprietor to
possess too large tracts of land in H.M. Plantations.
It is H.M. express will and pleasure, that for the
better settling and peopling ye Collony under your
Government, that you do not, upon any pretence
whatsoever, grant unto any one person above the
number of 500 acres; It being H.M. intention that
no person whatsoever either in his own name
or any others in trust for him, do hold any more than
500 acres as aforesaid until H.M. further pleasure shall
be known thereupon. And in all such grants of land as
you shall hereafter make; you are to have particular
regard to the profitable and unprofitable acres, that
is to say, that no man shall have his whole grant
run lengthways upon the banks of a river, but that
a due proportion of what shall be granted to him
do run from ye river upwards into the country. (xxvi)
And whereas it is and hath been a common practice in
H.M. Plantations in America for persons to take out
patents for sundry tracts of land without being in any
condition to cultivate the same; you are hereby directed
to cause a clause to be inserted in every grant of land
by you to be made, as aforesaid; whereby the said
grant shall become void and null to all intents and
purposes, if the grantee or his assigns do not cultivate,
inclose, plant or improve at least one tenth part of
the lands granted within the space of three year, to
be accounted from the date of ye patent, and so
progressively one other tenth part within the space
of every other subsequent three years, until the
whole tract of land contained in the said patent
shall be cultivated, inclosed, planted or improved.
(xxvii) And that H.M. may at all times be exactly
informed of the state of the Province, particularly with
respect to the lands that shall be granted; you are to
cause a book to be fairly kept wherein shall be registred
all ye grants made by you specifying the names of
the grantees, the number of acres granted, with their
scituation and boundaries and the quit rents thereon
reserv'd together with ye dates of each respective
grant. And you are to transmit to H.M. by one of
his principal Secretaries of State and to his Commissrs.
for Trade and Plantations, transcripts of such registers
at least once a year. (xxviii) But as it is H.M.
pleasure that certain tracts of land which shall be
found upon a survey, to be most proper for producing
of masts and other timber for the use of the Royal
Navy, lying contiguous to the sea coast or navigable
rivers, be reserved for H.M. service; you are not to
grant any lands till such tracts shall have been marked
out and set apart for H.M. use, not amounting to
less than 200,000 acres in the whole, in which you
shall strictly forbid all the inhabitants of Nova Scotia,
or others that may come there, to cut any trees of
any dimensions whatsoever, upon pain of H.M. highest
displeasure and of the utmost penalties the Laws
can inflict. (xxix) It being H.M. intention to give
all possible incouragement to the trade of all His
subjects; you are to use your best endeavors that
the fishery on the coast of Nova Scotia be encouraged
and protected; and in order thereunto you shall not
allow any settlements to be made on the coast, but
what shall be at 200 yards distance from the sea or
harbour, that there may be sufficient room left for
beaches, flakes, stages, cook-rooms, and other necessary
conveniencies between the said settlement and the
sea, for any of H.M. subjects that shall come to catch
and cure fish there, who are not to be impeded,
molested or disturbed in their curing their fish, upon
any pretence of grants or settlements upon the coast.
Nor shall any of the planters and inhabitants demand
any sum or sums of money or other acknowledgement
from the fishermen for the liberty of curing upon
the coast, unless they provide stages and cook-rooms
with a shore man to each stage, and the usual
necessaries for such fishing ships, as is done at Marblehead in New Engld. And in such case they shall ask
no more than 12d. in New England money for every
quintal. (xxx) And to render the commerce of
H.M. subjects in Nova Scotia, more commodious and
practicable, you are to take especial care in all such
grants of land as you shall make, pursuant to your
Commission and these Instructions, that a continued
space of land on the banks of all creeks and rivers,
of the breadth of one hundred yards, be reserved free
and common to all passengers and publick uses
whatsoever. (xxxi) Whereas there have been great
complaints that H.M. soldiers in garrison at Annapolis
have been very ill treated with regard to their clothing
and provisions, and in several other respects; you
shall make particular enquiry into any abuses of this
kind that may have been heretofore, and transmit
an account thereof to H.M. Secretary at War; and
you shall take care that no occasion be given
hereafter for complaints of this nature. (xxxii) And
whereas the settlements which have been made by
H.M. subjects in Newfoundland have by experience
been found prejudicial on many accounts to the trade
of Great Britain, and it being apparently more for
H.M. service and the intrest of his Dominions, to
establish a British Colony in Nova Scotia sufficient
to support its self against any attempts of other
European nations and of the neighbouring Indians;
you shall use all proper methods for inducing the
present inhabitants of Newfoundland to remove to
Nova Scotia as well for the better settlement and
strengthening of that Colony as for improving the
Fishery in those parts. (xxxiii) And in order
thereunto, you are hereby impowered to grant 100
acres of land to each family that shall transplant
themselves from Newfoundland and settle under your
Governmt. under the abovementioned Instructions
for improvemt. of the said land to be held at a
pepper corn rent for the first 20 years, from H.M.,
his heirs and successors, but to be afterwards subject
to the same quit rents as shall be payable according
to the preceding Instructions etc. (xxxiv) The
Officers of H.M. Ordnance having in pursuance to
ye directions given in that behalf, appointed the
making of a redoubt and other works at Placentia,
which are judged sufficient for securing the fishery of
H.M. subjects there, you shall give all the protection
and assistance you are able to ye persons employ'd
in raising the said fortifications. And when they
shall be finished, you shall with the first convenient
opportunity remove the garrison from thence to
Annapolis Royal, leaving only such a number of men
there, not exceeding 50, with proper officers as you
shall judge sufficient for the defending of those works.
(xxxv) You shall strictly enjoin both the present
and future garrison of Placentia and all H.M. Officers
and soldiers, and other persons whatsoever belonging
thereto, not to concern themselves in the fishery there
nor interrupt the fishermen in ye curing of the fish
nor to take up for themselves any beaches, stages or
cook-rooms upon any pretence whatsoever, upon
pain of H.M. highest displeasure. [C.O. 218, 1. pp.
417–448.] |
June 19.
Whitehall. |
256. Mr. Popple to Col. Mathew. Reply to 12th June.
Their Lordships did not at all design any reflection upon you,
etc. [C.O. 153, 13. p. 414.] |
June 19.
Whitehall. |
257. Council of Trade and Plantations to the Lords Justices.
Recommend repeal of Act of New York reviving an Act for the
easier partition of lands in joint-tenancy. Quote Mr. West's
report, 6th May, q.v. Set out, N.Y. Col. Does. V. 527. [C.O. 5,
1124. pp. 107–109; and (corrected draft) 5, 1079. No. 109.] |
| June 20. |
258. General Nicholson to the Council of Trade and Plantations. Last night I recd. yours of yesterday's date etc. I
have no such thing as the King of France's Order for the cession
of Nova Scotia etc. Signed, Fr. Nicholson. Endorsed, Recd.
Read 23rd June, 1719. ½ p. [C.O. 217, 2. No. 77]. |
June 23.
Admiralty Office. |
259. Mr. Burchett to Mr. Popple. Refers to letter of Dec.
27th, 1717 etc. Continues: Mr. Coleman having represented
that Governor Sir N. Lawes, hath declared unto him, that my
Lords of the Admiralty have nothing to do with the said storehouses, they being imediately under his care, as having been
built at the charge of the Island, they desire you will let me
know what answer the Lords of the Council for Trade and Plantations have received from Sir N. Lawes to their letter. Signed,
J. Burchett. Endorsed, Recd. 23rd, Read 25th June, 1719.
Addressed. 1 p. [C.O. 137, 13. No. 28; and 138, 16. p. 183.] |
June 23.
London. |
260. Mr. Vaughan to the Council of Trade and Plantations.
When I was Lt. Governor of New Hampshire, I suspended
Saml. Penhallow from the Councill and dissolv'd the genll.
Assembly etc.; wch. I immediately advis'd your Lordships off;
for wch. my so doing, Col. Shute, when he came into the
Government called the Councill, and suspended me as Counceller, for acting as Lt. Governor, restored Penhallow to his
place; called ye sd. dissolved Assembly, eight dayes after their
dissolution; wch. was minuted in the Councill and Assembly
Records; and perswaded most of them to sitt and act as an
Assembly; wch. they do to this day; and those who would
not act (and gave reasons to ye contra) were taken into custody
of the Sherriff, and bound to their good behaviour, without
limitation of time, which bonds continue still in force. In a
little time after these things hapned, my Commission was
superceeded, which gave me opportunity to come home etc.
I gave yr. Lordships an account, not doubting but complaint
would come against me. I have been here almost a year, and
cannot find anything alledged. I think myself and the Govermt.
injured. Prays for their resolution upon enclosed copies of
records etc. Signed, George Vaughan. Endorsed, Recd. 25th
June, Read 1st July, 1719. 1 p. [C.O. 5, 867. No. 38.] |
| June 24. |
261. Office accounts of the Board of Trade, March 25—June 24, 1719 v. Journal of Council. [C.O. 388, 77. Nos. 59,
61, 63, 64.] |
June 24.
Whitehall. |
262. Mr. Popple to Mr. West. Encloses, for his opinion
thereon, four Acts of Antegoa, 1718, 1719, (i) for declaring the
qualification of those who shall vote for Assembly or Vestry men,
or serve as such, and for ascertaining the rules, rights and priviledges of the Assemblys. (ii) To quiet present possessors of
lands to limit actions and avoid suits in law. (iii) for establishing a Court of King's Bench, Common Pleas and Errors for the
better regulating and settling due methods for the administration
of Justice and limiting a time for issuing execution out of the
Court of Chancery in this Island. (iii) An Act for raising a
tax of £5,000 current and lawfull money of this Island for paying
publick debts and charges over and besides the duties already laid
on liquors and lands by certain Acts of this Island. Encloses
reports by former Attorney General upon Acts of the like
nature etc. [C.O. 153, 13. pp. 418, 419.] |
June 25.
Admiralty Office. |
263. Mr. Burchett to Mr. Popple. I have received an
answer from the Commissioners of the Victualling (v. 10th and
11th June), that they have wrote to their correspondent at
Barbados (who is under contract with them to supply the ships
both there and at the Leeward Islands) to take effectual care
to supply the ship situated at the Leeward Islands with
provisions at the said Islands etc. Signed, J. Burchett.
Endorsed, Recd. 25th, Read 26th June. 1719. Addressed.
1 p. [C.O. 152, 12. No. 141.] |
June 25.
Whitehall. |
264. Order of Lords Justices in Council. Referring Act of
New York for paying several debts of that Province etc., to the
Council of Trade and Plantations for their opinion thereupon.
Signed, Robert Hales. Endorsed, Recd. 10th, Read 16th Sept.,
1719. 1 p. [C.O. 5, 1051. No. 98; and 5, 1124. pp. 118,
119.] |
| [June 25.] |
265. Copy of letter from M. Pontchartrain to Governor the
Marquis de Vaudreuil, informing him of the cession of Nova
Scotia, Newfoundland, and Hudson's Bay to Great Britain,
to which he is to conform etc., Marly, 6th May (N.S.), 1713.
Signed, Pontchartrain. Endorsed, Recd. (from Col. Moody,)
Read 25th June, 1719. French. 1 p. [C.O. 217. 2. No. 78.] |
June 25.
Whitehall. |
266. Order of Lords Justices in Council. Approving
Representation of 19th June, and Commission and Instructions
of Governor Philips, and ordering accordingly. Set out, A.P.C.
II. No. 1320. Signed, Robert Hales. Endorsed, Recd. 10th,
Read 16th Sept. 1719. 1¾pp. [C.O. 217, 2. No. 88; and
218, 1. pp. 450, 451.] |
June 25.
Whitehall. |
267. Mr. Popple to Richard West. Encloses, for his
opinion thereon, two Acts of Jamaica, 1718, (i) to oblige the
several inhabitants to provide themselves with a sufficient number
of white people etc., (ii) for the encouragement of voluntary parties
to suppress rebellious and runaway negroes. [C.O. 131, 16. pp.
214, 215.] |
June 25.
Whitehall. |
268. Mr. Popple to Mr. Burchett. Reply to June 23rd.
Sir N. Lawes has not yet return'd any answer to the letter writ
him 9th Jan. 1718. [C.O. 138, 16. p. 184.] |
June 25.
Whitehall. |
269. Order of Lords Justices in Council. Referring to the
Lords of the Committee for their opinion the Representation
of the Council of Trade, 9th April, and Mr. Byrd's petition for
leave of absence from the Council of Virginia for one year
longer. Signed, Robert Hales, Endorsed, Recd. 10th, Read
16th Sept., 1719. 1 p. [C.O. 5, 1318. No. 69.] |
June 26.
Boston. |
270. Mr. Bridger to Mr. Popple. Refers to executions
obtained against Elisha Davis of Haverhill and John Sincler
and Jeremiah Bean of Exeter, for destroying trees fit for masts.
The lawyers say I cannot prosecute now, being out, and that
the subject cannot be in one writt with the Queen, or King,
etc. Asks for directions. I have used my utmost endeavours
to bring these offenders to the obedience of the law tho' they
have proved ineffectual. Prays that their Lordships will order
the Attorney General here to prosecute these offenders etc.
Continues: The Assembly here after more than a month's
sitting with great perswasion and arguments were prevailed
upon to droop the duty upon English goods etc. I offered the
Governor the same Act that was pass'd in New Hampshire
relating to the preservation of the tar tree, but it was not
minded but shall endeavour for it the next sessions. I am
very well informed here that the Agent offered my post to Mr.
Coram, but he asked so much money that Coram refused,
what Mr. Burniston gave, I cannot tell, etc. The Agent kept
back the leter you gave for me, and arranged that Mr. Armstrong
should have his deputation before I had your leter etc. Hopes
to be restored. The Assembly here has not given the Agent any
money, and are very angry with him and say they will have no
more to do with him. I cannot omit giving your Honr. an
account of the growth of the woolen manufacture in this Province in a great many sorts, as cloths, serges, shaloons, kerseys,
all sorts of stuffs allmost, and some linnin, and there is scarce a
country man comes to town or woman but are clothed [in their]
own spinning. Every one incourages the growth and manufacture of this country, and not one person but discourages the
trade from home, and says tis pitty any goods should be brought
from England, they can live without. There is one thing which
very much helps in this most pernitious trade to Great Britain,
and that is cotton wool imported here from the West Indies,
which is mixed with wool and flax and they makes both woolen
and linnin therewith. Proposes prohibition of export of cotton
wool from the West Indies into this and Road Island Governments, which would prevent near the halfe of the woolen and
linnin, that is wrought up in these two Governments. There
is on Nantucket 20,000 sheep, and all that wool for want of
the officers looking after the prosecuting the Act which renders
all wooll water bourn seizable is brought into this Governmt.
etc. It is the same at Road Island wch. breeds many thousand
sheep and upon Block Island about 5 leagues from them many
thousand more and in the Naraganset country more yet. Here
has been many years a jealosie of some merchts. shipping some
of those woolls abovementioned for France; and I querey
whether the carieing of such wooll to France, be a greater
prejudice to the manufacture of Great Britian, than for the
people here to spin and cloath themselves with such wooll. If
some care be not soon taken those people here will be able to
live without Great Britain in a little time than there ability
joyned with their inclinations will be of very ill consequence.
I cannot say here are any that have a dutyfull regard to England
or promotes its wellfare tho' it gave them breath. I beg you
would remind their Lordps. of my being of the Council etc.
There is one that died in May last etc. Proposes, for settling
Annapolis Royal, that the tenure of lands there should be so
many hundredweight of hemp according to the quantity of
land granted etc., and that those near the woods should deliver
two masts annually, and forfeit their lands if they cut any
mast tree without leave etc. Signed, J. Bridger. Endorsed,
Recd. 27th Aug., Read 10th Sept., 1719. 4 pp. Enclosed, |
|
270. i. Minute of Council in Assembly of New Hampshire, May
2nd, 1719. Thanks voted to John Bridger for promoting the two Acts for encouraging of Naval Stores
within this Province etc. Copy. 1 p. [C.O. 5, 867.
Nos. 46, 46 i.] |
June 26.
Whitehall. |
271. Council of Trade and Plantations to Lt. Governor
Spotswood. Acknowledge letters of 27th Feb., 7th and 20th
March, 24th June, 14th Aug., 27th Sept., 22nd Dec., 1718,
5th Feb., and 25th March, 1719. Continue: We have not heard
anything yet of the success you or Brigadr. Hunter have had
in setling a firm peace with the five Nations of Indians, which
we shall be glad to be inform'd off so soon as it shall be done.
In answer to what you write abt. a Bermuda sloop seiz'd for
importing French sugars, we must refer you to our letter of
4th July last, copy inclos'd etc. We take notice of what you
wrote in relation to the state of the Revenue in Virginia and
particularly what you observe upon the quit rents, and must
desire to know of you whether all grants of land there are
register'd, and in what Office it is done, for we cannot but
believe it has or at least should have been a constant practice.
We have sent the Act of Assembly you mention by which three
years non payment of quit rent is a forfeiture of the land, to
Mr. West one of H.M. Council, for his opinion whether that
Act does affect the grants made before the passing thereof, or
only such as shall or have been made after it, and as soon as
we shall have receiv'd his answer we will write to you at large
upon the subject of the quit rents. In answer to what you
write in relation to Mr. Bird, to the Courts of Oyer and Terminer
and to the Address of the Assembly; enclose copies of representations. We think you have done very well in not agreeing
to the scheme the Council had projected to get £100 a year
setled upon each of them as a salary out of the quit rents;
as also in not passing the bills for regulating of fees, with the
clause they had tack'd to it for lessening the power the King
has granted to the Secretary of placing and displacing County
Court Clerks. We observe what you write, 24th June, concerning the bill that had pass'd the Council and Assembly
relating to the Post thro' Virginia and Maryland etc. Enclose
copy of Post Master General's answer. As to the 4 Acts sent
us 14th Aug. last we have resolv'd to let them lye by probationary, But upon this occasion we must take notice to you
that when any private Acts are sent over the parties concern'd in those Acts should appoint some persons here
instructed in the subject matter of the said Acts that they
may be able to answer any objections those may be liable to.
What you write, 14th Aug., relating to the dispute with some
of the Council about collating to Ecclesiastical Benefices has
according to your desire been referr'd to Mr. Sollicitor
General whose opinion thereupon as likewise the opinion of
Mr. West concerning your power of proroguing Assemblies under
adjournment are here inclos'd with which we entirely agree.
We have seen the several Proclamations you have sent us,
particularly that for preventing the unlawful concourse of
people who have been guilty of piracy, and must commend
your prudence and care in this matter. We have receiv'd the
accts. of the imports from the Maderas and Western Islands,
and desire you will continue to give us the like at least once
a year; We have sent to one of H.M. Principal Secretarys
of State what you write relating to the French settlements in
Louisiana etc. We shall be glad to be inform'd of anything
further that may occur to you in relation to this matter. We
take notice of the difficulties you apprehend in getting a law
pass'd in Virginia to prevent the abuses committed in the
manufacturing pitch and tar, but upon this occasion we are
to inform you that there has pass'd a clause in an Act of Parliament this last Session to remedy this abuse, which Act we
herewith transmit to you. We are very much surpriz'd the
Assembly should offer to re-enact the Law declaring who shall
not bear office etc. without leaving out those clauses for which
it had been repeal'd here, especially when the reasons for
repealing the same had been communicated to them, and
therefore you have done well in discouraging such an attempt.
That you may be the better inform'd how to behave yourself
in relation to the effects of pirates we send you a copy of Sir
E. Northey late Attorney General and Sir Wm. Thomson
H.M. present Sollicitor Genl. their opinion upon the matter.
Enclose Order in Council appointing Cole Digges to be of the
Council etc. (April 10). We take notice of the complaints
that you mention the Assembly have lately exhibited against
you; all that we can say at present (nobody having yet apply'd
on that subject) is that you may depend upon all the countenance and support that we can give you which we think you have
deserv'd. Your correspondence with us has been so exact
and punctual that we cannot in justice loose this occasion of
acknowledging it and thanking you for it, and to desire you to
continue it for the future. We send you here inclos'd a list
of such publick papers as are wanting in our Office, and desire
that you would let us have them by the first opportunity. You
will herewith receive for your information some observations
we have made upon several Virginia Laws, and as to the Act
to prevent the malicious burning or destroying the publick storehouses of tobacco agents, past in 1714, we must take notice that
the Act upon which this is grounded having been repeal'd by
H.M. this ought of consequence to be repeal'd also, but considering that this Act is now very near expiring, and that it is
to preserve the store-houses already built, we shall let it lye by,
however we desire you would let us know of what use those
store-houses are at present, the Act by which they are built
having been repeal'd, that is to say whether they are made use
of for any publick service or whether they are rented out or
sold to private persons. By the Naval Officer's Lists we see
what quantities of tobacco are imported into England, but
as we want particularly to be inform'd of the quantity sent to
Scotland, we desire you to send us annually as particular an
acct. thereof as possible, and that you would endeavour to get
the like acct. from the Governor of Maryland. It being for
H.M. service that we be at all times acquainted with the absence
of Councillors from their posts in the Plantations we desire
that whenever you give leave to any member of H.M. Council
in your Government to be absent from his post, that such leave
be under your hand and seal, and that you forthwith transmit
to us a copy of such licence of leave as also an acct. when such
Councillor departed your Government and to what place he is
gone. Enclose following, to which we desire as particular an
answer as you are able to give. Annexed, |
|
271. i. Queries to Colo. Spotswood. (i) What number is
there of inhabitants, how that number is increased
or decreas'd of late years? and what is the number
of the Militia? What Forts or places of defence are
there, and in what condition? What is the strength
of the several Nations of Indians in the neighbourhood of Virginia? And are their inclinations for us
the French or Spaniards? What is the condition of
the Spanish settlement at St. Augustine? What
advantage might it be to this Kingdom to have this
place taken from the Spaniards? and by what means
this might be most easily accomplish'd? How the
French settlement on the Mississippi may affect any
of H.M. Plantations whether they have seiz'd the
Fort of Pensacola belonging to the Spaniards, and
what can be done to prevent any hazzard or inconvenience H.M. Plantations may be expos'd to from
these settlements? What number of ships or other
vessels are there belonging to the Province, where
built and what number of seafaring men? What
manufacturers have settled there of any sort whatsoever? and what manufactures have been set up?
Are there any mines and of what sort? Whether any
inhabitants of the said Colonies have remov'd and
what way you conceive most proper to prevent the
removal of others into any of the neighbouring
Provinces? What trade is there in Virginia by
exportation or importation; How and in what
particulars is this trade increas'd or decreas'd of late
years, and what is the reason thereof? What are the
present methods us'd to prevent illegal trade, and
what further methods do you think adviseable for
that purpose? What is reckon'd to be the annual
produce one year with another of the several commodities in Virginia? What trade has Virginia with
any foreign Plantations, or any part of Europe besides
Great Britain? How is that trade carried on ?
What commodities do the Virginians send to or
receive from foreign Plantations? [C.O. 5, 1365.
pp. 198–208.] |
June 26.
Whitehall. |
272. Mr. Popple to Maurice Birchfield, Surveyor General of
the Customs in So. America. My Lords Commissrs. for Trade
and Plantations desire, that you would please to write to Mr.
Kay, Collr. of the Customs at Rhode Island to send over hither
copies of either old or new laws passed there, which are prejudicial to Great Britain; and that you would signify the same
to the rest of the Collectors in ye other Proprietary Governments, and communicate what answers you receive to my
Lords etc. [C.O. 5, 1293. pp. 177, 178.] |
| June 27. |
273. Mr. West to the Council of Trade and Plantations.
Reply to Oct. 22, 1718, as to H.M. right of presentation etc. to
benefices in Virginia. Since the Prerogative of the Crown
cannot be lessen'd or taken away by any generall words whatsoever, but only by expresse terms: I am of opinion that
notwithstanding anything contained in the clauses referred to,
the King's Prerogative remains untouch'd and entire as to his
right of collating to vacant benefices. Signed, Richd. West.
Endorsed, Recd. 1st, Read 15th July, 1719. 5 pp. [C.O. 5,
1318. No. 67.] |
June 29.
Boston. |
274. Mr. Bridger to Mr. Popple. In reply to letter will be
glad to informe their Lordships what he can, but here is no
living without a salary etc. Continues: In all places of this
Govermt., there is some land proper for hemp, the only thing
wanting is seed, and proper Acts for the incouragement of the
sowers. I have talked to these people 20 years to no purpose.
If essays were made in some proper places, these obstinate
people would then see their intrest etc., but they will want
instructions and that they will plead, unless I stayed. I know
a great many places that is very full and rich in iron ore, which
has been tryed in my sight etc. It is equal to any, easily melted
and very productive, this is in New Hampshire whence may
be imported into Great Britain 100 tons from two work's only
yearly, if proper encouragmt. be allowed. As to pot ashes
here is every ingredient required, but want of knowledge and
workmen to make it rightly is wanting. I was [? concerned in
an es]say of this specie 19 years since but for want of knowledge in the making of it we lost £50 a man (but yet) were here
workmen sent over understanding the making of pot ashes
it would answer without any doubt. As to Nova Scotia, there
are thousands of acres fitt for hemp. and many large swamps
of good pine worth preserving for H.M. etc. Replies to enclosure,
"part of the Agent's letter to Mr. Speaker." The Assembly
examined into my Memorial when I was at Piscataqua, and I
knew nothing of it till two months after. Had I been heard, I
should have proved every article, to their great confusion and
shame; it was well for them I was absent, for by that means
they preserved their beloved Idol etc. Refers to Order in Council,
30th April, 1691, declaring the former Charter vacated etc.
Main, become a part of Massachusetts by purchase, falls therefore under same restrictions of the new Charter etc. If the people
will denie the only thing that the Crown has reserved in their
Charter, those will denie all things else, nor has H.M. Officers
any business here, and he that affronts, abuses, and destroys
all that belongs to H.M., have the greatest applause etc., and
has the name of being a brave, bold fellow and stands up for
the Charter: a great part of this I heave heard from their
pulpits. As to the present state of the Province of Main, it
is seteling by the virtue and power of old Indian grants when
a span of land was got for a gallon of rum, that is extend your
hand as open as possible, then bring the hand cloose to the eye
looking upon the horizon and so far as the little finger and
thumb extends from each other from the top of each of them,
on that horizon is called a span which perhaps is 20 miles.
Others of the same company for there is but 6 or 7 of those
new Proprietors who has bought all the old deeds and claimes
that any one pretended to have in that part of the Province
being the eastermost part, they now have devided this
purchass into shares the upermost devision is 70 miles the least
from the sea. In this tract there are great numbers of the best
sort of mast pines etc. I have now a flaming and fresh instance
to prove the Assembly's loyalty to the King, and their obedience
to his orders, and love of his officers; vizt. [—] are
come to a resolution, not to take of the duty from English
goods, nor will they support the Governour this they give out.
Truly those good people deserves the duty to be taken of their
lumber etc. Asks for 100 bushells of this year's hemp seed etc.
I am sure the New Hampshire people will goe on this manufactury. I wish I could say as much for these people here,
who neither produces their own bread, beef, nor porke, nor
Indian corn; Virginia and Maryland has restrained the export
of any wheat or Indian corn, should the other Provinces
betwixt them and this these people would starve. Notwithstanding these circumstances, the Assembly has this sessions
thrown out a bill, that was for the improvement and to encourage
husbandry etc. Good beef 7d., mutton 6d., porke 9d., butter
10d., wheat 10s., Indian corn, 6s. 6d. pr. bushell. As for those
people that live near the woods, they never will change their
manner of living as long as there is a tree standing, and tis in
vaine to pretend to save the woods when there is an Act of
Parliament that allows of cutting all mast trees from 24in.
diameter and downwards, which I fear will be the largest tree
in the woods in a short time if another Act be not passed which
I proposed to their Lordships some time since, and I see the
necessity of it appears every day more plain. Unless Mr
Cooke and his adherents were transported to some other place
not to return. Cooke is now in the Assembly and opposes all
that he and his party do not like, tis that party that makes
all the disturbance in the Govermt., etc. Signed, J. Bridger.
Endorsed, Recd. 27th Aug., Read 10th Sept. 1719. Torn.
4 pp. Enclosed, |
|
274. i. Extract of letter [? from the Agent of the
Massachusetts Bay to the Speaker of the Assembly
v. preceding]. The Board of Trade are very angrey
upon a memorial by Mr. Bridger complaining of us,
that we denigh ye King's right to any woods in the
Province of Main. I answered that it was only a
particular gentleman of the Council whom Mr. Bridger
accused and that the Governour had shewn his
resentment in behalf of the King by refuseing yt.
person a seat at the Council board. Their Lordships
insisted that the Assembly had owned and supported
him and were themselves in the same sentiments but
I product the Journals of the Assembly whereby it
appeared they had examined into the matter of the
complaint and came to a resolution that Mr. Bridger
had not made out the allegations in his Memorial.
I said I had no Instructions about the King's claim
to these woods, but apprehended the Crown had no
manner of right to them, haveing granted the lands
and all the appurtenencys to Sr. Ferdinan Gorge
without any reservation, who conveyed them again
to the Province etc. Upon another heareing, their
Lordpps. mentioned an Act of the 9th of the Queen
reserveing all trees fitt for masts to the Crown in
lands not the propriety of privit persons. I answered
I thought it was never the meaning of any Act of
Parliament to break into the subjects property
wheather it was yt. of a privit person or a Corporation
etc. It was refered to Mr. West, who alledged that
no Corporation can purchas lands without a special
licence which it did not appear we ever had. I found
it easey to remove this objection by turning to ye
Charter which confirms the purchas etc. Copy. 4 pp.
[C.O. 5, 867. Nos. 44, 44. i.] |
| June 30. |
275. Mr. West to the Council of Trade and Plantations.
Reply to May 1st. I am of opinion that tho' the said Acts
of Virginia were intended for the benefitt of the subjects in
that Province yet there is nothing contained in them which
can discharge the Patentees antecedent to the making of those
Acts from the payment of their quitt rents. The payment of
the quitt rents reserved was a condition annext to their estates,
nor is there anything in these Acts to preclude the Crown from
taking any advantage which by the Common Law might be
done, of the breaking of that condition, tho' at the same time
the King has a concurrent remedy for the recovery of his
quitt rents since I am clearly of opinion that all patentees
of what date soever are within the purview of the clause contained in the second of the abovementioned Acts and that
they may be legally prosecuted thereupon. Signed, Richd.
West. Endorsed, Recd. Read 15th July, 1719. 2 pp.
[C.O. 5, 1318. No. 68.] |
June 30.
Whitehall. |
276. Mr. Popple to Mr. Burchett. Encloses extract of
Sir N. Lawes' letter, April 28, relating to money due to the
Victualling Office. [C.O. 138, 16. pp. 219, 220.] |
