BHO

America and West Indies: June 1713

Pages 184-194

Calendar of State Papers Colonial, America and West Indies: Volume 27, 1712-1714. Originally published by His Majesty's Stationery Office, London, 1926.

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Citation:

June 1713

June 2.
Virginia.
355. Lt. Governor Spotswood to the Council of Trade and Plantations. Since my last dispatch, Feb. 11th, I have had little to add to the trouble that gave you relateing to the affairs of this Colony, and I doubt not your Lordps. will recieve with as much satisfaction as it is to me to write the happier prospect of affairs in the neighbouring Province of North Carolina; the forces sent thither this winter from South Carolina under the command of Col. Moore have obtained a considerable advantage over the Tuscaruros by the taking the only important fort they had, and it and other rencounters killed and made prisoners upwards of 1,000 of that nation. This blow having extremely frighted them, it was necessary to improve it, by engageing them in a Peace, since the Government of Carolina is utterly unable to reduce them by prosecuting the war, and by the information I have recieved from the President of that country of their disposition to fall into those measures I advised for establishing a peace I have reason to hope it is now very near, if not altogether concluded, the project whereof your Lordps. will find in the Council Journal of 16th April herewith sent. The making a peace with those Indians was the more necessary in regard of some late discoverys that they have been all along assisted in this war by the Senecas and others of the Five Nations under the Government of New York: for while the Carolina forces were besieging the Tuscaruro fort, a considerable body of those Northern Indians came into the Tuscaruro country, and would have perswaded the neutral towns to joine with them in raising that siege; and the same body of Indians meeting with our traders as they were going with a cargo of goods of the value of 1,000l. and upwards, to traffique with the Western Indians, fell upon them and plundered them of all they had, and at the same [time] did not disown their being Mohacks and other Northern Indians, which the traders likewise very well knew to be true, and was further confirmed by some of our Tributary Indians who going out, upon the news of this robbery mett and killed several of them. This brought the rest down on our frontiers, and obliged me to command out all our Rangers in search of them, but they were retired, ere our men could come up with them, and so escaped with their booty. Your Lordps. may observe in the Council Journal of the 10th of June last, that the Council were then unanimously of opinion that the Courts of Oyer and Terminer appointed by H.M. Instructions ought constantly to be held, whether there was any criminal likely to be tryed or not; but now upon further consideration they are as unanimous in the contrary opinion, that unless there are criminals to be tryed, the holding that Court is unnecessary; they have likewise all joined to represent to me that the Judges of the Court (whenever it is held) ought to consist only of the Council; this was occasioned by my joining the Speaker and two others of the most eminent members of the House of Burgesses in commission with them last December Court, when I expected a man to be tryed for his life, and at a time that I could not reasonably depend on any more than four of the Council to sit upon that tryal. However here is no dispute between us, they being now come over to my opinion as to the calling the Courts, and I acquiescing in theirs, as to the appointment of the Judges, yet still I cannot give up my judgment withall upon this last point, unless I find your Lordps. concurr with these gentlemen in their sentiments which are, that since the General Court has hitherto been the only stated Court of Judicature in this Colony which hath had cognizance of life and member, the Council who are constituted the judges thereof look upon that same jurisdication to be confined to them, and cannot submitt to share it with other persons. That some Governors might make a very dangerous use of this precedent, and bring thereby men's lives and libertys under less security than their estates: That the gentlemen of England are never added to the Judges in Commissions of Oyer and Terminer but in their circuits, and that then it is done because in those progresses, there is but one Judge to sit on the Pleas of the Crown; and lastly that such affairs should proceed in the usual method, except where unusual accidents shall require an extraordinary exertion of the Royal power. This My Lords, is faithfully the sum of their arguments, and if it shall be judged that there is no need of a Governor's giving now and then an instance to undecieve the people here, and manifest the prerogative of the Crown, and particularly in this point to convince some that the General Court law passed here in 1705 has not established the Council to be the only Judges of life and death, that H.M. may appoint; but if after all your Lordps. shall determine that the Members of the Council and no others ought to be Commissioners of those Courts of Oyer and Terminer, which H.M. Orders me to constitute, I shall then most willingly continue to appoint them solely according as I have already promised them shall for the future be done, till I am otherwise commanded. The Commissioners and other officers appointed for settling the boundarys between this Colony and North Carolina finding a stop put to their proceedings by the proprietor's failing to nominate Commissioners to joine with them have now made application for an allowance for their past trouble. That matter has been examined in Council, and their trouble and expence being fully made appear, the Council have desired me to represent their case to H.M. that an allowance of 250l. according to the proportion mentioned in the Council Journal of 13th April may be paid out of H.M. Revenue of quitt-rents, the service for which they were imployed being intended for the increase of that Revenue, and it's very true that had their endeavours taken effect, or whenever it happens that the boundarys are settled H.M. will gain such a large tract of land as will in a short time fully recompence all the charge that shall be expended thereon. Upon which consideration I beg leave to request your Lordships' favourable representation of their case to H.M. There being no affairs of consequence requiring an imediate meeting of the Assembly, it is now prorogued to July 1st, and I intend a further prorogation till the Fall, by which time I shall know whether the expected peace with Carolina is likely to put a stop to the frequent murders committed on our frontiers. But if it should prove otherwise I shall then stand very much in need of your Lordps.' advice for my conduct in so difficult a task, since in the present general poverty of the country, there seems little expectation that an Assembly will contribute any effectual succours towards the frontiers, and as little hopes can be built on either the Revenues of 2s. per hhd. or quitt-rents, the one being unable to discharge a third part of this last half year's sallarys, and the other drawn away into H.M. Exchequer as fast as it arises here. Tho the country at present is very quiet, and the people generally easy and satisfyed, yet I should be wanting in my duty to H.M., if I did not represent that the tobacco trade is now brought to that low ebb, that the planter who depends wholly upon it is not able to cloath his family; and I cannot forbear expressing my fear of their soon falling into manufactures of their own, if this trade be not speedily helped with some ease in the dutys laid thereon, or else with some new regulation: in order to which nothing would more encourage the planters than the reducing into practice a project I have lately seen said to have been handed to the merchants from the Custom house, whereby it is proposed that all tobaccos be lodged in the Queen's warehouses, without paying any duty till it be sold out, either for home consumption or exportation. The merchants indeed exclaim against this as ruinous to the trade, but the most judicious persons concerned in shiping tobacco from hence seem to like of it very well as the only means to put a stop to that unhappy necessity some merchants are reduced to of selling the freighter's tobacco at an under rate for discharging their debts at the Custom house, in which case, tho the merchant takes care to secure his freight and commission, the owners are often brought in debt over and above the loss of their principal adventure. Encloses Journals of Assembly and laws passed last Session, etc. P.S.—June 10th. The man of war by which this is intended being delayed here longer than I expected has given me the opportunity of a meeting of the Council at a Court of Oyer and Terminer held yesterday for the tryal of a criminal, the proceedings of the Council being chiefly the prorogation of the Assembly to Nov. 5th, and the passing the accompt of the Revenue of 2s. per hhd. Encloses copies. Signed, A. Spotswood. Endorsed, Recd. 7th Aug., 1713, Read 3rd May, 1716. 4 pp. Enclosed,
355. i. Accompt of the Revenue of 2s. per hhd., 23rd Oct., 1712–25th April, 1713. Totals: —Receipts, 1,094l. 8s. 4d., Expenditure, 1,964l. 9s. 6d. Same endorsement. 1 p.
355. ii. Copy of Proclamation proroguing the General Assembly of Virginia to July 1st. April 16, 1713. ¾ p.
355. iii. Copy of Proclamation proroguing the Assembly to Nov. 5th. June 10, 1713. ¾ p.
355. iv. Proclamation for apprehending Richard Oadham, of Nansemond, labourer, suspected for the murder of Robert Treween. June 11, 1713. Endorsed as letter. 1½ pp. [C.O. 5, 1317. Nos. 18, 18 i. –iv.; and (without enclosures) 5, 1364. pp. 262–272.]
June 4.
Whitehall.
356. Mr. Popple to the Secretaries of the Treasury. Encloses draft of bond in 1,000l. for Governor Eden (v. May 18) for the Lord High Treasurer's directions therein. [C.O. 5, 1292. p. 385.]
June 4.
Treasury Chambers.
357. T. Harley to the Council of Trade and Plantations. Encloses following for their report. Signed, T. Harley. Endorsed, Recd. 5th, Read 8th June, 1713. ¾ p. Enclosed,
357. i. Petition of disbanded officers and soldiers to the Queen. Pray for a grant of land now uninhabited between New England and Nova Scotia, etc. Signed, Ja. Goodwin, Surgeon, Rudson Cobleigh, Capt. and 28 other officers and soldiers. 2 pp.
357. ii. Proposal of disbanded officers and soldiers. Describe advantages of the scheme and details, as July 10. The tract of land is above 100 miles in breadth and more in length, bounded N.E. by the bounds of Nova Scotia, being at the River of St. Croix, S.W. by the bounds of New England, at or near the River Sagadehok, N.W. by the great River Canada, S.E. by the Atlantick or Western Ocean in the latitude of 44 to 46, about 100 miles from Anapolis Royal and 150 from Boston. Propose appointment of a Governor, etc. Signed, Rudson Cobleygh, John Evance, John Horne, William Bowen, Wm. Armstrong, Capts. and 15 others. Copy. 3½ pp. [C.O. 5, 865. Nos. 88, 88 i., ii.; and 5, 913. pp. 386–393.]
June 9.
Admiralty Office.
358. Mr. Burchett to Mr. Popple. Requests Heads of Enquiry for the Commondore of the Newfoundland convoy may be "hastned hither, the convoy being under sailing orders." Signed, J. Burchett. Endorsed, Recd. 9th, Read 10th June, 1713. Addressed. 1 p. [C.O. 194, 5. No.23; and195, 5. pp. 310, 311.]
June 10.
Whitehall.
359. Council of Trade and Plantations to General Nicholson. Enclose H.M. Proclamation of Peace to be published upon arrival in Newfoundland, etc. [C.O. 195, 5.p. 309.]
June 10.
Whitehall.
360. Council of Trade and Plantations to Lt. Governor Moody. Enclosing Proclamation of Peace as preceding. [C.O.195. 5. p. 309.]
June 10.
Whitehall.
361. Mr. Popple to Mr. Burchett. Encloses Heads of Enquiry etc. for the Commodore of the Newfoundland Convoy. The same as March12, 1711. [C.O. 195, 5. pp. 311, 312.]
June 11.
New York.
362. Governor Hunter to the Council of Trade and Plantations. Refers to enclosures. By ye first two yr. Lordps. will be convinc'd that wee can entertaine noe hopes of support for H.M. Government here, and by the other three, that endeavours are used to wrest her undoubted right from her. The Assembly are sitting but as yet have done nothing but sent me up a few resolves of their own of ye old stamp, soe that in all probability this will prove a short session. It is my duty to represent these matters, what creditt my representations may have is call'd in question here, but I have had noe reason to beleive that they have not had their due weight with yr. Lordps., whatever may betide me, I shall behave myselfe like an honest man, a faithfull subject, and yr. Lordps.' most humble and most obedient servant. P.S.—I beleive yr. Lordps. will think it necessary to consult ye Attorney Generall as to ye questions stated with relation to ye quitt-rents, as also as to the escheats and whale fishing. Signed, Ro. Hunter. Endorsed, Recd. 20th, Read 28th July, 1713. 2 pp. Enclosed,
362. i. Governor Hunter's Speech to the General Assembly of New York, May 27, 1713. You are called to settle a revenue, not a government. (1) You cannot lodge the money destined for the support of the Government in the hands of any other than the officers appointed by H.M., or (2) divert the course of publick payments into any other channel than that prescribed by H.M. Letters Patents and Instructions, which is a warrant under the hand of the Governour, by and with the advice and consent of H.M. Council. I renew the ample security which I offer'd to the last Assembly against all misapplications. (3) H.M. being the sole and undoubted judge of the services and rewards of her servants in the Government, it will be as vain as it will be disrespectful, for you (by making yourselves the judges) to endeavour to take that right from Her. Are you resolved to submit to such rules of Government as are prescribed in H.M. Letters Patents and Instructions? Recommends frequent conferences with the Council, "which will prevent the necessity of amendments, and consequently of all disputes relating to the right of making them," etc., etc., Signed, Ro. Hunter. Printed by William Bradford. Same endorsement. 2 pp.
362. ii. Copy of proceedings of the Supreme Court at New York, June—Sept., 1712. Richard Floyd is prosecuted for defrauding H.M. of her rights in a royal fish (whale) April, 26th. Demurrer entered by prosecutor. (b) Opinion of the Attorney General on preceding. The pleading is informal on both sides (details); however, the plea of the defendant being ill, I am of opinion judgment ought to be given for the Queen. Signed, Edw. Northey. July 30th, 1713. Same endorsement. 7¼ pp.
362. iii. (a) Copy of proceedings of the Supreme Court at New York, Oct. 1712; relating to an escheat of lands of Joseph Baker, late of New York, now standing on a demurrer.
362. iii.(b) Opinion of the Attorney General on preceding. It depends on Baker's will, if he hath sufficiently described the devisees, etc. Signed and endorsed as preceding. 13 pp.
362. iv. (a) The case of H.M. quit-rents for land in New York, with three queries as to future procedure.
362. iv. (b) The Attorney General's replies to preceding. Signed and endorsed as preceding. 4½ pp. [C.O. 5, 1050. Nos. 67, 67 i.–iv.; and (without enclosures) 5, 1123. pp. 124, 125.]
June 11.
New York.
363. Governor Hunter to the Earl of Dartmouth. Encloses following etc. Signed, Ro. Hunter. 1 p. Enclosed,
363. i. Governor Hunter's speech to the Assembly of New York, Sept. 17, 1712. Printed. 2 pp.
363. ii. Duplicate of No. 338 ii.
363. iii. Duplicate of No. 362 i.
363. iv. Duplicate of No. 338 iii.
363. v. Copy of No. 362. [C.O. 5, 1091. Nos. 85, 85 i.–v.]
[June 12.] 364. Petition of disbanded officers and soldiers to the Council of Trade and Plantations. Petitioners are apprehensive that the unfortunate delays which their petition met with between April 23 and June 1st, will be of fatal consequence to them, if their petition should meet with any other delay, etc. Endorsed, Recd. Read June 12, 1713. 1 p. [C.O. 5, 865. No. 89; and 5, 913. pp. 393, 394.]
June 15. 365. Certificate from the Remembrance Office that Governor Eden has given the security required (v. May 18). Signed, Math. Lancaster. Endorsed, Recd. 16th, Read 18th June, 1713. ½ p. [C.O. 5, 1264. No. 136.]
June 17
Whitehall.
366. Council of Trade and Plantations to the Lord High Treasurer. Reply to June 4. We find the whole country between the River Sagadahoc and Nova Scotia (and even Nova Scotia itself) has already by His late Majesty King William's Royal Charter of Oct. 7, 1691, to the inhabitants of the Province of the Massachusets Bay, been granted to them, with power to make and pass grants of particular tracts of lands within that Province, but with a reservation nevertheless that no grants of any lands between the River Sagadahoc and the Gulph of St. Lawrence (in which the lands petitioned for are included) should be of any force until H.M., his heirs, or successors, shall have signifyed their approbation of the same. And we submit it to your Lordship whether H.M., can gratify the petitioners, untill a grant of the lands they desire be first obtained from the Corporation of the Massachusets Bay, which we doubt not they will readily agree to, their Agent Mr. Dummer having communicated to us, a letter from them, signifying their willingness to admit any colony or number of people to settle on those lands. Upon this occasion we must observe to your Lordship that formerly there was a good fort at Pemaquid lying between Sagadahoc and Nova Scotia, that the French took the said fort in 1696, from the Government of the Massachusets Bay and seized all the lands between Nova Scotia and the River Kennebeck, upon which they made a settlement, and have ever since till this Peace kept possession thereof; and we do not find by the sd. Massachusets Agent, that ever that Government has attempted to regain or settle that country. The said Agent produced a letter from the Dutchess of Hamilton and Brondon to him, whereby she laid claim to 10,000 acres of land in those parts, in behalf of those claiming under the grant to the Marquis of Hamilton; but he said he beleived, those lands were never planted or settled by the grantees. We are humbly of opinion the settling the petitioners on the lands they desire, it will not only be a comfortable provision for the said disbanded officers and soldiers, and prevent their being in necessity for want of bussiness and employment; but it will also be a great security to New England by having their frontiers strenthned by such a number of people. The lands they pray for are in a very good climate, the soile is fertile and has plenty of trees for Naval Stores with many navigable rivers and good harbours, as also a very good fishery on that coast, from all which, it may be reasonably presumed that in a little time such a settlement may turn to the advantage of this Kingdom, in furnishing of Naval Stores and otherwise. [C.O. 5, 913. pp. 395–398.]
June 17.
Treary. Chambers.
367. T. Harley to Mr. Popple. My Lord Treasurer desires to know what care is taken about preserving the chappell furniture in the severall Governments where any is allow'd by H.M., particularly as to that for Bermudas to which place a new Governour is appointed. Signed, T. Harley. Endorsed, Recd. 19th, Read 22nd June, 1713. ¾ p. [C.O. 323, 7. No. 28; and 324, 10. p. 38.]
June 18.
Whitehall.
368. Council of Trade and Plantations to the Earl of Dartmouth. We have received a certificate from H.M. Remembrance Office that Governor Eden has given security for 1,000l. (v. May 18). We transmit draught of Instructions, for H.M. signature, to the Lords Proprietors of Carolina, relating to the Acts of Trade, etc. Mem. The Instructions are the same as those for Mr. Hyde, except the additional clause and the two clauses of an Act, which having relation only to the time of the late war were left out. [C.O. 5, 1293. pp. 386, 387.]
June [23].
Fleet prison.
369. Jeronimy Clifford to Mr. Popple. Encloses following. Continues:—I am in danger of losing my land in Jamaica, which is worth at least 20s. per acre, by the stratagems of my adversarys who has for these many yeares prevented me removing my goods and slaves from Surinam to Jamaica for cultivating the same, etc. Signed, Jer. Clifford. Endorsed, Recd. 23rd, Read 25th June, 1713. 1p. Enclosed,
369. i. Petition of Jeronimy Clifford to the Council of Trade and Plantations. Petitioner purchased in 1685 and 1695 480 acres in Jamaica of Oliver Hampson and 1,000 of Jacob Brand. By the illegal proceedings of the Governor and Society of Surinam he has been prevented from cultivating these lands. Some few dayes past he hath been informed by one of the principall sugar planters of Jamaica, that said lands was about two yeares agoe escheated by some planters there, and that the Government of Jamaica had issued out a proclamation pursuant to the Act by which, when an owner of unsettled lands is absent some years, it is free for any of H.M. subjects there to escheat them in the Queen's name for their own use, and if the owner doth not appear and make good his title within three years after such an escheat and proclamation is made thereupon in Jamaica, then the said lands shall be invested in the escheater. The three years time may not yet be elapsed, and petitioner prays that the enclosed titles may be forwarded to the Governor of Jamaica, etc. Signed, Jer. Clifford. 1¾ pp.
369. ii. iii. Copies of title-deeds of the lands in Jamaica purchased by Jeronimy Clifford from Oliver Hampson and Jacob Brandt. 7 pp. [C.O. 137, 10. Nos. 2, 2 i.–iii.]
June 23.
Kensington.
370. H.M. Warrant to Col. Nicholson, Governor of Nova Scotia or Arcadia and Commander in chief of the forces of the said Province and in Newfoundland in America. The French inhabitants are to continue to enjoy their lands and tenements, or to sell the same if they shall rather chuse to remove elsewhere, etc. as May 30 q.v. Countersigned, Dartmouth. [C.O. 195, 43. No. 10; and (duplicate) 217, 1. No. 19; and 218, 1. pp. 103, 104; and 324, 32. pp. 219, 220.]
June 23.
Whitehall.
371. Council of Trade and Plantations to the Lord High Treasurer. Reply to June 17. This Board has never been consulted in the furnishing the said chappell, and we suppose that the proper officers who issue the said furniture, have taken care that the same be preserved. [C.O. 324, 10. p. 38.]
June 24. 372. Petty expences of the Board of Trade, stationer's account and postage, Christmas, 1712—Midsummer, 1713. Endorsed, July 20, 1713. 11 pp. [C.O. 388, 76. Nos. 147–151, 153–155.]
June 24.
Kensington.
373. Order of Queen in Council. Upon considering enclosed, it is referred to the Council of Trade and Plantations to report the properest method of setling St. Christophers in respect to the benefit of the trade of that Island and the inhabitants. Signed, John Povey. Endorsed, Recd. Read July 9th, 1713. ¾ p. Enclosed,
373. i. Address of the Council and Assembly of St. Christophers to the Queen. We humbly acknowledge your Majesty's care of us during the warr, and look forward to seeing the Colony flourish again in time of peace, etc. This is still the more secure to us by your Majesty's great care and wisdom in procuring the French part of this Island to remain in your Majesty's hand, which in a few years will render the same formidable, so [so] to defend itself against the attempts of an enemy, etc. Pray for preference for the poor inhabitants as April 16 q.v. Commend Lt. Governor Michael Lambert, whose conduct has often baulked the enemy in their designes against this (so much exposed) Colony, and has used the utmost care to make the same as defensible as the poor unhappy circumstances of the same will as yet admit off. His courage, loyalty, and length of service render him fitly qualified, etc. Signed, Jno. Greatheed, Speaker, Rowld. Davis, Joseph Crisp, senr., Thos. Dowson, Jonas Akers, Jno. King, Benj. Markham, Wm. Singleton, Rich. Haukihaws, Geo. Milward, John Felden, Jno. Davis, E. Janton, Fran. Phipps, Jno. Bourryau, Jos. Estridge, John Willet, Geo. Liddell. 2 pp.
373. ii. Petition of Stephen Duport to the Queen. To same effect as that of April 16. 1 p. [C.O. 152, 9. Nos. 160, 160 i., ii.; and 153, 12. pp. 76–82.]
June 24.
Kensington.
374. Order of Queen in Council. Robert Cunningham is to be set at liberty, and depositions taken in St. Christophers and transmitted to the Council. v. A.P.C. II. No. 1173. Endorsed, Recd. June, 1713. Primer'd, 16th Jan. 17 16/17;. 2¼ pp. [C.O. 152, 11. No. 43; and 153, 12. pp. 486–488.]
June 25.
Whitehall.
375. The Earl of Dartmouth to merchants and planters residing in Virginia. I send you enclosed a copy of a letter I have recd. from the Lords Commissioners of the Admiralty, by which you will see, that for protecting your trade from pirates a frigat of 20 guns is directed to remain on your coasts under the Govr.'s orders. Signed, Dartmouth. [C.O. 324, 32. p. 220.]
June 25.
Whitehal.
376. Mr. Popple to Jeronimy Clifford. The Council of Trade and Plantations desire to know the title of the Act and the name of the planter from Jamaica you mention in your petition, etc. (v. June 23). [C.O. 138, 13. p. 431.]
June 26.
Fleet.
377. Jeronimy Clifford to Mr. Popple. I cannot find the Act in the Jamaica Laws printed 1704. The planter's name is Joseph Hodges. He is very well known at the Jamaica Coffeehouse by the Royall Exchange, where he may be spoken with almost every day untill September next, etc. Signed, Jer. Clifford. Endorsed, Recd. 27th, Read 29th June, 1713. Addressed. Sealed. 2 pp. [C.O. 137, 10. No. 3.]
June 26.
Whitehall.
378. Council of Trade and Plantations to the Lord High Treasurer. Reply to May 16. We have discours'd the Agent of the Posts on the Continent of America, as also the Agent for the Massachusets Bay, and are inform'd that in November last, an Act was past there for making paper bills current as specie throughout that Province. But no such Act has been yet transmitted to us as usual and ought to have been; the said Agents inform us that no fund is provided for the payment or discharge of the said bills, which must needs be a great disadvantage to trade, and a particular loss to the Revenue arising by the postage of letters; wherefore we humbly offer that H.M. pleasure be signified to Governor Dudley, immediatly to transmit hither the said Act for H.M. pleasure thereupon, and that he be directed for the future not to give his assent to any Act for making bills of credit current, unless the said Act do at the same time establish a sufficient fund for the payment and discharge of such bills. [C.O. 5, 913. pp. 399, 400.]
June 30.
Treasury Chambers.
379. Mr. Lowndes to the Council of Trade and Plantations. Encloses following. "My Lord High Treasurer desires you to reconsider the whole affair upon the foot of this proposal." Signed, Wm. Lowndes. Endorsed, Recd. 30th June, Read July 2nd, 1713. Addressed. ¾ p. Enclosed,
379. i. Further details of the proposal of disbanded officers and soldiers for their settlement between the rivers St. Croix and Sagadahock. Signed, John Norborne, Nicholas Currer, Thomas Coram, John Evance, Wm. Armstrong, Wm. Boteen, rectius Bowen, v. No. 385, John Lewis, on behalf of petitioners. Copy. 2 pp. [C.O. 5, 865. Nos. 90, 90 i.; and 5, 913. pp. 401–404.]
June 30.
Virginia.
380. Lt. Governor Spotswood to [? the Earl of Dartmouth]. Upon further examination into the case of Jane Ham, condemned here last Genll. Court for concealing the death of her bastard child, I find she has a more reasonable excuse to plead for her ignorance of that law, which makes the concealment penal, than I at first imagined, for notwithstanding that Act is by an express clause therein appointed to be read yearly in all churches, I find it never was published in any church in that county wherein she lived, etc. I hope H.M. will signify her pleasure to me for granting her pardon here, under the seal of the Colony; since this woman (being only a poor servant) has neither friends to sollicit, nor money to pay the fees for obtaining one in England. Signed, A. Spotswood. 1 p. [C.O. 5, 1337. No. 23.]
June 30.
Virginia.
381. Lt. Governor Spotswood to the Council of Trade and Plantations. Prays to be allowed to exchange some land with Col. Ludwell, etc. (v. Nov. 25 infra). Signed, A. Spotswood. Endorsed, Recd. 7th Aug., Read 8th Jan. 1713 (14). 3 pp. [C.O. 5, 1316. No. 102: and 5, 1364. pp. 16–19.]