|
Dec. 3.
Whitehall. |
200. Council of Trade and Plantations to the Queen. Recommend Wm. Basset and Wm. Fitzhugh for the Council of
Virginia, as proposed by Lt. Gov. Spotswood, etc. [C.O. 5,
1363. p. 383; and 5, 1335. pp. 160, 161.] |
Dec. 3.
Whitehall. |
201. Council of Trade and Plantations to the Queen. Refer
to clauses in Act for licensing hackney coaches for relief of sufferers
in St. Kitts and Nevis (v. No. 179 ii.). Upon consideration of
which clause and the execution thereof, several difficulties did
arise (1) It is not determined by the clause what shall be deemed
a resettlement, or when such as have not already resettled, shall
be obliged to do the same, or in what manner such obligation
shall be entred into. (ii) For that the clause hath restrained the
bounty intended to such inhabitants and proprietors only who
should resettle their plantations, and consequently excludes all
that had not Plantations to resettle, whereas in the returns of
the losses sustained, there appears to be considerable numbers
of persons who had no plantations such as merchants, shopkeepers and other dealers and inhabitants. Whereupon we
advised with your Majties. Attorny and Solicitor General, who
agree with us that it is proper to lay these matters before the
House of Commons, that the said sufferers may apply for an
explanation of the said clause, and for inlarging the time of their
making proof accordingly. And the House of Commons having
on the 7th June last humbly addressed your Majesty that an
account be laid before their House the begining of the next
Session of Parliament, of the distribution intended to be made of
the debentures directed to be delivered by the Commissioners
of Trade and Plantations for releif of the sufferers in Nevis and
St. Kitts, etc., we therefore humbly lay the state of this matter
before your Majesty. [C.O. 153, 11. pp. 408–410.] |
Dec. 4.
St. James's Square. |
202. Lords Proprietors of Carolina to the Council of Trade
and Plantations. We being informed that your Lordps. have
receiv'd an account from Virginia, that several of H.M. subjects
in North Carolina have been destroyed by the incursion of the
Tusqueroro Indians, which Indians (as is suggested) have receiv'd
incouragemt. from some of ye inhabitants of that place, and we
having as yet receiv'd no account concerning this matter, do
desire your Lordps. to transmit to us the substance of what your
Lordps. have receiv'd concerning this unfortunate accident,
that we may take all due and immediate care that all such
delinquents as shall be found guilty to be any way aiding or
assisting in so barbarous and cruel an action may be brought to
condign punishment. Signed, J. Manley for the Duke of Beaufort, Carteret, M. Ashley, J. Colleton, J. Danson. Endorsed,
Recd. 5th, Read 6th Dec., 1711. 1 p. [C.O. 5, 1264. No. 127;
and 5, 1292. pp. 331, 332.] |
Dec. 4.
Whitehall. |
203. Council of Trade and Plantations to the Queen. Representation upon Address of the Minister etc. of the Church of St.
Mary's, New Jersey. (v. July 30). "Having lately received the
Act complained of from Mr. Penn, entituled, an Act directing
an affirmation to such who for conscience sake cannot take an oath,
we humbly lay the same before your Majesty, and take leave to
observe that the affirmation directed by the said Act, doth
materially differ from the affirmation enjoyned the Quakers by
Act of Parliament here, and particularly in that the name of
Almighty God is not mentioned in it. Besides a Quaker may
by taking the affirmation directed by the said Act of Assembly,
be an evidence in any case whatsoever, and consequently in
criminal matters, which is expressly provided against by the Act
which allows the affirmation in this Kingdom. For which reasons,
we humbly offer that your Majesty be pleased to signify your
disallowance of the said Act." [C.O. 5, 1292. pp. 330, 331.] |
Dec. 6.
Whitehall. |
204. Council of Trade and Plantations to the Earl of Dartmouth. Reply to Nov. 30, concerning powder for Virginia.
Tho' the Board of Ordnance think it will be an ill precedent to
exchange the powder that was sold etc.; yet if it were exchanged
by small parcels by every ship in the method and for the purposes
Coll. Spotswood proposes, we cannot conceive it will be of any
prejudice to H.M. service. We must further observe that if
upon the late massacre in Carolina, the Tuscaruro Indians should
take arms, and be joined by other nations, and Coll. Spotswood
necessitated thereby, for the defence of H.M. subjects to enter
into an Indian war, there will be a necessity of his having powder
and arms sent him; for he informs us, that the Colony is in no
capacity to make an offensive or defensive war; their militia
being in a manner wholly destitute of ammunition, and as ill
provided with arms that are useful; that unless H.M. be pleased
to send thither a supply of both to lye ready against an emergency,
he fears he shall not be able to sustain any considerable attack.
Autograph signatures. 2 pp. [C.O. 5, 382. No. 13; and 5,
1341. No. 18; and 194, 23. No. 4; and 5, 1363. pp. 385,
386; and 5, 1335. pp. 164–166.] |
Dec. 6.
Whitehall. |
205. Council of Trade and Plantations to the Lords Proprietors of Carolina. Reply to Dec. 4. Enclose the account
received from Lt. Gov. Spotswood of the recent massacre by
Indians, etc. [C.O. 5, 1292. p. 333.] |
Dec. 6.
London. |
206. Mr. Du Pré to the Council of Trade and Plantations.
In answer to the objection made by your Lordships of the difference, which appears in the accompts of the subsistence to the
Palatins transmitted by Col. Hunter, I humbly offer, that when
I parted from New York in Nov. 1710, the Palatins were newly
remov'd for the most part from the City of New York to the lands
laid out for their settlement; their number then amounted to
about 2200, and many of them, having during their residence
in that City had an opportunity to see the country, where meeting
with encouragmt. they asked leave of the Governour to hire
themselves during the winter, in order to earn something, viz.
cattle, money being too scarse, which H.E. was pleas'd to grant
them: and these with some orphans bound apprentices, the
widdows and other useless people left at their own disposal,
might amount to betwixt 3 and 400, so that when they came to
be muster'd at their respective settlements, they were found
reduc'd to about 1800 souls. The Governour's intention at that
time was, to call those who had leave to repair in the spring
following to the settlement: but the delay of the needfull provision from home, for compleating the said settlement, was, as
I presume, the reason that the Governour hath omitted it,
because he was unwilling in his circumstances to augment the
charges, etc. Signed, James du Pré. Endorsed, Recd., Read
Dec. 6, 1711. 2 pp. [C.O. 5, 1050. No. 31; and 5, 1122. pp.
465, 466.] |
Dec. 6.
Windsor. |
207. H.M. Warrant to the President of the Council of Maryland, transmitting the new Seal and directing him to use the
same. Endorsed, Sent to the Earl of Dartmouth, May 13. 1⅓rd
pp. [C.O. 5, 717. No. 49; and 5, 727. pp. 314, 315.] |
Dec. 6.
Annapolis Royall. |
208. Thomas Caulfield to [? the Earl of Dartmouth.] Though
I have not the honour to be known to yourself being att present
commander of this Garnison, I thought itt my duty to the best
of my judgment, to give you an account of itt: when first we
took posession, itt was the most miserable place I ever saw; but
by our constant workeing, itt is made strong enough to withstand
any force the enemy can possibly bring against itt in this part of
the world: the Ingineir has sent a plan of the fort by this ship,
as likewise a more particular account; the inhabitants have
lived hitherto very peaceably, and seem to be extreamly well
satisfied; since H.M. declaration has been issued out; which
I took care to disperce over the whole countrey; but they cant
forbore complaining of some hardships they have undergone:
if anything extrordinary happens I won't fail accquainting you
with itt, etc. Signed, Tho. Caulfeild. 1 p. [C.O. 217, 31.
No. 3.] |
| [Dec. 8.] |
209. Mrs. Ernle to the Council of Trade and Plantations.
Prays to be heard by Counsel against the caveat entered by Sir
John Coliton against John Coliton being made one of the Council
of Barbados. Endorsed, Recd. 8th, Read 10th Dec., 1711, ¼ p.
[C.O. 28, 13. No. 73; and 29, 12. p. 384.] |
Dec. 11.
London. |
210. Micajah Perry, John Keill and James du Pré to the
Council of Trade and Plantations. In obedience to your Lordships' commands we in behalf of Governor Hunter humbly
offer the following answers to the several objections and questions
made us concerning the settlement of the Palatins. The. objections are those of Lord Clarendon, Nov. 26. Answers: (1) We own
others can raise naval stores as well as Palatins, provided they
be sent upon that design; but since few people in that country
can be spared from other labour, there is no considerable quanti
of those commodities to be expected, but from Palatins: and
humbly conceive that the contract made with them was though
the most effectual means to set that manufacture upon a lasting
foot; they having thereby oblig'd themselves, to make it the
sole business. (2) The Governour, before his departure from
England did design to settle the Palatins in the Maqua's country
but after he had view'd the same, he judg'd it impossible for the
following reasons, vizt. (1) Because the purchase thereof from
the Indians was not clear. (2) That it is too much expos'd
the incursions of the French and their Indians. (3) and chiefly
because those lands are distant from the River near 20 miles
and Scinectady, besides a waterfall of 60 ft. high, hath the same
inconveniency, upon which account the carriage of anything
would cost as much, if not more than it's worth. Now the
Governour having found no lands at the Queen's disposal, except
a tract of 6300 acres on the West side of Hudson's River, which
being too small for such number of families, and Mr. Levingston
having offer'd to part with 6000 acres of his lands situated on
the other side of the said River, distant 8 miles above the aforesaid
tract, at a reasonable rate, H.E. accepted the offer, and
purchas'd it for £200 sterl. So that both settlemts. are distance
about 100 miles from the Citty of New York, on each side of
river navigable by ships of burthen, who may take in the
loadings at the said settlements, etc. Within 3 miles, there are
large tracts of pyne lands, the owners whereof have given leavy
to make use of the trees; Mr. Levingston having reserved a sort
fit for his saw-mill for plancks and timber, and which are of no
use for tarr. (3) Mr. Levingston was alwaies known to be
carefull, industrious and diligent man, who by these, more than
by any other means, hath got a considerable estate. It is true
that he was accus'd, by a faction in that country, of having
defrauded the Government of great sums, when he subsisted the
forces at Albany: but it is as true that he hath honourable
clear'd himself: having fairly past his accompts before a Committee of Council, upon which he obtain'd an Act of Assembly
for releasing him and his estate, that was under a sequestration
untill he had so past his accompts. And the reasons which
induc'd the Governour to deal with him, was not so much his
choise as advantage, because Levingston made most reasonable
and fair offers, and because he was capable of making the larges
advances, and had most conveniencys for that purpose, as brew
house and bake-house. However, the Governour did therein
act with all the caution and the care imaginable, and the contract
were drawn up by Mr. Mompesson, Chief Justice of the Province
and made as plain and binding as possible, so well with regard to
the purchase of the land, as to the bread and beer he undertool
for, at the rates the magistrates of the City of New York should
from time to time set upon them; and with this express condition
that if the Palatins, or their oversers had any legal objection
against either the bread or beer, he did oblige himself to take it
back and give better in lieu thereof. That Mr. Levingston
undertook this with a prospect of advantage is so certain, that
it might have created an ill opinion of him, if it were otherwise.
(4) The Palatins could not have hir'd themselves to day labour,
without disbanding themselves after their arrival at New York,
which H.E. could not have given his consent to without disobeying the Queen's Royal Instructions, which are positive for settling
them in a body, and for subsisting them, untill they could subsist
of the product of their labour. And we do humbly conceive
the Governour could never have answer'd it to the Queen and to
this Honble. Board, if contrary to his Instructions he had suffer'd
the dispersion of them; whereby all hope of makeing any benefit
by that useful manufacture had been lost; especially after he
had received £8000 from the Government, in part, for their
subsistance, towards that end. Besides, anyone who is not
altogether a stranger to that country knows, that not above 5 or
600 could have dispos'd of themselves in that manner, and even
half of them, could not have found imployment, but in plowing
and harvest time; so that above 1000 of them must either have
starv'd, or become a burthen to the country. |
|
Replies to your Lordships' queries:— (1) How long the Palatins
are to be subsisted by the Government? The Governour affirms,
that after Christmas 1712; the Palatins shall be able to subsist
of the product of their lands. (ii) What quantity of tarr they are
likely to make yearly? Many experiences have demonstrated
that one man may easily make 60 barrels of tarr in a year; so
that computing the number of working hands to be 500, these
will raise 30,000 barrels in the whole yearly after 1713. (iii) In
what manner and in what time the sums advanced by the Queen
shall be repaid? A barrel of tarr is sold at New York for 8sh.
sterl. so that the whole product will yearly amount to £12,000.
And if the Queen will be graciously pleas'd to allow them, for an
encouragement, suppose one moietie out of the yearly produce
(£6000), there will remain a yearly sum of £6000 towards discharging the money advanc'd by the Queen for their settlement
and support: so that computing the whole, expence to be £40,000,
they may repay the Queen in 7 years or less after 1713. We
humbly ask leave to observe further, that tho' tarr be onely here
mention'd, it is not the only thing design'd: but as the Governour
hath carry'd with him pots and other utencils necessary for
boyling pitch and rosin, the children from 8 years and upwards
will be usefully imploy'd therein: and that Coll. Hunter by a
letter to me, Micajah Perry, gives directions to send him a considerable quantity of hemp seed, saying that he hath given
orders for preparing lands to sow it in; and dressing of hemp is
a work that may be done in the depth of winter, when people
cannot stirr out of doors; by which means they will have constant
employment. And if this design be duly encouraged and supported, as the Governour hopes it will, it will infallibly compleat
and make it a standing manufacture of Naval Stores. Signed,
Micajah Perry, John Keill, James du Pré. Endorsed, Recd.
Read Dec. 11, 1711. 5 pp. [C.O. 5, 1050. No. 32; and 5,
1122. pp. 467—475.] |
Dec. 11.
London. |
211. Mr. Hodges, Attorney General of Barbados, to Mr.
Popple. Encloses following to be laid before the Council of
Trade and Plantations. Being sick, prays that his attendance
may be excused till he is able to go abroad. Signed, Tho.
Hodges. Endorsed, Recd., Read Dec. 11, 1711. Addressed.
Sealed. 1 p. Enclosed, |
|
211. i. Same to Council of Trade and Plantations. Having
H.M. leave of absence for 6 months, (v. April 2, 1709)
petitioner proposed to Governor Lowther to appoint
Richard Carter, Solicitor General, to act as his deputy.
After some delay, the Governor refused, declaring that
he would not approve any deputy made by him, but
would fill up the place himself, in case the said Attorney
did leave the Island. On being shown H.M. licence,
he said there were some words wanting, (which were
defaced by accident), and he therefore could not look
upon it as H.M. Order. Petitioner being obliged to
sail appointed Mr. Carter his deputy by a deed under his
hand. Mr. Carter promised to act, if the Governor
would permit him. But the Governor would not allow
such deputation, and a few days after petitioner sailed
commissioned Mr. Arthur Slingsby to act as H.M.
Attorney-General there, and receive all fees and perquisites of that office, etc. Signed, Tho. Hodges. 5 pp. |
|
211. ii. Governor Lowther to Mr. Hodges. Aug. 18, 1711.
I am sensible what a particular loss I shall have of you.
My greatest difficulty lyes in pitching upon one that is
worthy to succeed you, etc. Signed, Robt. Lowther.
Copy. 1 p. [C.O. 28, 13. Nos. 74, 74 i., ii.; and 29,
12. pp. 385—392.] |
Dec. 13.
St. James's. |
212. Order of Queen in Council. Upon a report from the
Lords of the Committee for hearing appeals from the Plantations,
Oct. 18 last, the petition of Edward Jones is dismist. The
Council of Trade are to report to H.M. upon the several matters
depending before them relating to this cause without allowing
any proofs to be made agt. the records of nine convictions, some
of which are for cruelty and extortion, and one of them for perjury,
the same having been before a Court having jurisdiction. Signed,
Christo. Musgrave. Endorsed, Recd. Read Feb. 25, 17 11/12. 1¼ pp.
[C.O. 37, 9. No. 22; and 38, 7. pp. 32, 33.] |
| Dec. 13. |
213. Joseph Martyns and other London Merchants on behalf
of the sufferers of Nevis and St. Kitts to the Council of Trade
and Plantations. Refer to form of certificate submitted Sept. 20
(q.v.) etc. "We humbly intreat your Lordships with all convenient speed to signify to us after what form and manner you
require that the sufferers and their Agents shall lay their claims
before your Lordships" etc. Signed, Joseph Martyns, Rich.
Meriwether, Nath. Carpenter, Humphrey South, Jos. Jory, John
Pinney, Wm. Bowden, Rowland Gideon, Sam. Travers, Ste.
Duport, Ja. Campbell. Endorsed, Recd. Read Dec. 13, 1711.
1 p. [C.O. 152, 9. No. 93; and 153, 11. pp. 411—413.] |
Dec. 14.
London. |
214. James du Pré to the Council of Trade and Plantations.
Your Lordships were pleas'd to direct me to lay before you the
accompt of the £10,000 issued out of the Treasury for the subsistence of the Palatins at New York, This I am not in a condition
to doe, because all money matters have been transacted by Mr.
Clark, the Secretary of that Province, whom the Governour hath
appointed Treasurer of that Settlemt. This accompt doth
consist in great many articles, which hath been duely transmitted
to Mr. Lownds. Mentions some heads of expenditure. Signed,
James du Pré. Endorsed, Recd. Read Dec. 14, 1711. 2 pp.
[C.O. 5, 1050. No. 33; and 5, 1122. pp. 475–477.] |
Dec. 14.
Council Chamber |
215. List of Lords not summoned to the Council, May. 20,
1707. 1 p. [C.O. 5, 11. No. 69.] |
Dec. 16.
Annopolis Royall. |
216. G. Vane to [?the Earl of Dartmouth]. I did not beleive
the occation or conveniency of troubling you, would soe soon
have presented when I had the honneur a few days agoe of writing
to you, but as the comodity of a sloop bound for boston presents,
thinke it my duty to give you the following account: we have
here a french gentleman named La Fosse who was taken prisoner
of off Cape briton the latter end of the last summer by the Mountague man of war, in a small privatier sloop of his own, he expressing
an inclination to serve H.M. was sent hither by Genl. Hill and
Admirall Walker, with us, as a man proper to be employed, to
goe with the Queen's decleration to the[y] french and Indians
here and persuade them to submit, and become dutifull subjects
to H.M. if the[y] were still in armes. The said La Fosse made me
two days agoe the inqlosed propotition conserning his estate in
Newfoundland, (but not being very legibly write have transcribed
it) desiring me to send it for England, being ready to deliver up
his said estate to be a garnison for H.M. if she thinks fit to accept
it) desiring an establishment to settle upon in this contrey, with
a small consideration in money, as H.M. shall thinke fitt, etc.
I know the place to lye as he describes it, having seen it from sea,
and doe realy beleive it might produce the effect proposed if
rightly managed, etc. Signed, G. Vane. 2 pp. [C.O. 217, 31.
No. 4.] |
Dec. 17.
Whitehall. |
217. Council of Trade and Plantations to the Lord High
Treasurer. The incident charges of this office amount to about
£400 per annum, and by the Privy Seals which have usually
been granted etc. have been, directed to be paid to our Secretary
according to accounts attested by us, etc. But in regard there is
a charge by postage of all sorts of packets from the Plantations
which contain the Laws, Books of Minutes of Councils and
Assemblies, publick accounts and other papers, which by H.M.
Instructions, are directed to be sent to us, and which will swell
the accounts of incidents to a very great summ, we humbly pray
your Lordship that in the Privy Seal now passing, the summ of
£400 per annum may be directed to be paid to Mr. Popple without
account, in full for the incidents of this Office, postage excepted,
as to which we desire the account thereof certifyed from the
General Post Office, may from time to time be laid before your
Lordship, in order to the payment thereof. [C.O. 389, 37. pp.
27, 28.] |
Dec. 17.
Whitehall. |
218. Council of Trade and Plantations to the Queen. Recommend Thomas Maxwell to be appointed to the Council of
Barbados, there being a vacancy by the death of George Lillington. [C.O. 29, 12. p. 396.] |
| Dec. 18. |
219. [Memorandum of letter from] the Earl of Dartmouth
to the Council of Trade and Plantations. Referring following for
their report. Signed, Dartmouth. Endorsed, Recd. 20th, Read
21st Dec., 1711. ½ p. Enclosed, |
|
219. i. Petition of the Governor and Company of Adventurers
of England trading into Hudson's Bay to the Queen.
Petitioners etc. believing the justice of your cause and
the terror of your arms must soon reduce the French
King to sue for such a Peace as all Europe desires etc.,
crave leave to submit the hardship of their case to your
Royal consideration. Repeat history of French depredations 1682—1688, etc., which was made one of the
Articles in King William's Declaration of War. Continue: But the Company found their interest not
comprehended in the Treaty of Ryswick, which they
are far from attributing to any want of care in that
Gracious Prince, of this Kingdom's honour and trade,
and rather think their right and claim was then overweighed by matters of higher consequence, for by the
said Treaty they found their condition much worse than
it was before by the 8th Article whereof the French were
to be left in possession of such places situated in Hudson's
Bay, as had been taken by them during the Peace,
which preceded that war. At a meeting of Commissrs.
on both sides (as directed by the said Treaty to adjust
their differences) the Company did again set forth the
undoubted right of the Crown of England to the whole
Bay and Streights of Hudson, against wch. nothing but
sophistry and cavils were offer'd on the French side, and
the matter remain'd undetermin'd. The only settlement now remaining to the Company in those parts (of
7 they formerly had) is Albany Fort, on the Che Che
Chewan, where they are surrounded by the French on
every side vizt. by their settlements on the Lakes and
Rivers from Canada, to the Northward towards Hudson's Bay, as also from Port Nelson (alias York Fort)
to the Southward; the French likewise have lately made
another settlement between Port Nelson and Albany
Fort, whereby the Indians are hindred from coming
to trade with the English Factory, at the bottom of the
Bay, and if they are suffer'd to fix and fortify in those
parts, beyond all question they will deprive your
Majesty's subjects of that tract of land, which is so large
a part of your American Dominions and rightly belongs
to the Crown of Great Britain. Not only your Majesty's
glory is concern'd to preserve those Plantations, but
it very much imports the general trade of your Kingdom
since your petitioners notwithstanding the losses and
discouragements they have labour'd under, and during
the War have brought from thence between 30 and
40,000 skins pr. annum, and doubt not yt. if they were
reinstated in their possessions according to their Charter,
to bring the said importation to 100,000. The country
doth abound with several other commodities (of wch.
Petitioners have not been able to begin a trade by
reason of the interruptions they have met with from the
French) as with whale oyl, whalebone (of wch. last
your subjects now purchase from Holland and Germany
to the value of above £26,000 pr. annum which may be
had in your own Plantations), beside many other
valuable commodities which in time may be discover'd.
If the French come once to be intirely possess'd of
Hudson's Bay, they will undoubtedly set up a whale
fishing in those parts, which will greatly tend to the
increase of their navigation and to their breed of seamen.
There is carryed thither and consumed there nothing
but of the product and manufactures of England, your
Petitioners encouraging and daily bringing the Indians
to wear course cloth instead of skins, which in process of
time will considerably advance the woollen trade at
home. It must needs reflect upon the honor of Britain
to relinquish to the French that territory of which their
violent usurpation in a time of Peace was alledg'd as a
main Article in the first Declaration of War against
that Kingdom. If the French cou'd pretend to any
right to the said Territories by the Peace of Ryswick,
this right must needs be determin'd by their notorious
infraction of the said Treaty. The premises consider'd,
when your Majesty in your high wisdom shal think fit
to give peace to those enemies whom your victorious
arms have so reduced and humbled, and when your
Majesty shall judge it for your People's good, to enter
into a Treaty of Peace with the French King, your
Petrs. pray that the said Prince be obliged by such
Treaty to renounce all right and pretentions to the Bay
and Streights of Hudson, to quit and surrender all ports
and settlements erected by the French, or which are now
in their possession, as likewise not to sail any ship or
vessel within the limits of the Company's Charter, and
to make restitution of the £108,514 19s. 8d. of which
they robb'd and dispoil'd your petitioners in times of
perfect amity between the two Kingdoms. Endorsed
as preceding. 8¾ pp. [C.O. 134, 2. Nos. 33, 33 i.;
and (enclosure only) 135, 3. pp. 110—117.] |
Dec. 19.
St. James's |
220. Order of Queen in Council. The report of the Council
of Trade, Nov. 29, as to the rising of the Tuscaruro Indians, and
a representation of the Lords Proprietors of Carolina, praying
that Col. Cary and others sent over by Col. Spotswood as the
principal fomenters of the said disorder may be secured, are
referred to a Committee of the whole Council for their report.
Signed, Chris. Musgrave. Endorsed, Recd. 3rd, Read 14th Jan.,
17 11/12. 1½ pp. [C.O. 5, 1316. No. 77; and 5, 1363. p. 391.] |
Dec. 19.
St. James's. |
221. Order of Queen in Council. Repealing Act of Pensilvania directing an affirmation, etc. (v. Dec. 4). Signed,
Edward Southwell. Endorsed, Recd. 3rd, Read 4th Jan., 17 11/12.
1¼ pp. [C.O. 5, 1264. No. 130; and 5, 1292. pp. 372, 373.] |
Dec. 19.
St. James's. |
222. Order of Queen in Council. Appointing William
Basset and William FitzHugh to the Council of Virginia in the
room of Dudley Digs and William Churchill. A warrant to be
prepared for H.M. signature, requiring the Governor and Commander in Cheif of ye said Island (sic) for the time being to
swear and admit them, etc. Signed, Christo. Musgrave. 1 p.
[C.O. 5, 11. No. 72.] |
|
223. Duplicate of preceding. Endorsed, Recd. 3rd, Read
4th Jan., 17 11/12. [C.O. 5, 1316. No. 77; and 5, 1363. p. 391.] |
Dec. 19.
St. James's. |
224. Order of Queen in Council. Approving of Representation of Dec. 17, and appointing Thomas Maxwell to the Council
of Barbados, etc. Signed, Christo. Musgrave. Endorsed, Recd.
3rd, Read 14th Jan., 17 11/12. 1¼ pp. [C.O. 28, 13. No. 78;
and 5, 11. No. 71; and 29, 12. p. 397.] |
Dec. 19.
St. James's. |
225. Order of Queen in Council. Referring to a Committee
of the whole Council Governor Douglas' letter transmitting
evidence against Capt. Rokeby, Lt. Watts and Ensign Smith;
and the petition of Micajah and Richard Perry, Exors. of Col.
Parke, representing the obstructions that hinder the execution
of H.M. Orders for bringing to condign punishment the persons
principally concerned in his murther, and praying that such
orders may be given as shall effectually bring the notorious
criminals to their deserved punishment, and the aforesd. officers
removed from their Commission, etc. Signed, Christo. Musgrave.
Endorsed, Recd. 3rd, Read 15th Jan., 17 11/12. 1¼ pp. [C.O. 152,
9. No. 94; and 153, 11. pp. 415, 416.] |
Dec. 19.
St. James's. |
226. Order of Queen in Council. Approving Representation
of Nov. 29, and appointing Lt. General Hamilton a Member of
Councill in each and every of the respective Leeward Islands,
and also to preside in the said Councils in the absence of the
Captain General, etc. Signed, Christo. Musgrave. Endorsed,
Recd. 3rd, Read 15th Jan., 17 11/12. 1¾ pp. [C.O. 152, 9. No.
95; and 5, 11. No. 70; and 153, 11. pp. 416, 417.] |
Dec. 19.
St. James's. |
227. Order of Queen in Council. The enclosed petition is
referred to the Council of Trade and Plantations for their report
thereon. Signed, Christo. Musgrave. Endorsed, Recd. 1st,
Read 8th Jan., 1711. 1 p. Enclosed, |
|
227. i. Gawen Corbin, late Naval Officer at Rappahanock
River in Virginia, to the Queen. Complains of his
dismissal by Lt. Governor Spotswood for negligence
in the case of the Robinson, frigate, and prays to be
heard in his defence. Signed, G. Corbin. Copy. 1½ pp.
[C.O. 5, 1316. Nos. 75, 75 i.; and 5, 1363. pp. 387–389.] |
Dec. 20.
Barbados. |
228. Governor Lowther to the Council of Trade and Plantations. Refers to letter of 20th Aug., and asks for H.M. pleasure
concerning men of war for that station and a cartel with Martinique
as soon as possible. Continues: H. M. Proclamation, 18th June
1704, for reducing of all foreign coins to a certain currency etc.
hath been and is punctually obeyed by all H.M. subjects
in this Island, but the same hath not been observed in any degree
by H.M. subjects in the Leeward Islands, and other places, which
hath been an unspeakable prejudice to the Trade and interest of
this Island, for several people have made it their business to
export from hence all the money they could get to Antegoa and
other places that doe not take notice of the Queen's Proclamation,
by which meanes there is little, or no cash left in the Island: I
beg your Lordshipes to represent this matter to her Majesty and
to signify her pleasure by the first opportunity. H.M. having
commanded me to take care that all her rightes and dues be
preserved and recovered, and that speedy and effectual justice
be administed in all cases relaiting to her Revenue, I think it
my duty to informe your Lordshipes of all matters and proceedings
that are in my opinion any waies injourious or prejudicial to H.M.
Revenue that I may receive H.M. further commands touching
such practices and offences against her Revenue as are not (at
present) in my power to redress etc. Thomas Hodges Esq. H.M.
late Attorney General in this Island did on the 28th of April,
1709 exhibit a Bill in equity on behalfe of H.M. in H.M. Court of
Exchequer within this Island against Alexander Skeene Esq.
charging amongst other thinges that the said Skeene in 1706,
1707 and 1708 was prize officer in this Island, and as such did
collect receive and take several great sumes of mony arrising from
the condemnation and sail of several French shipes and vessels
and from the several goods and appurtenances etc. to such shipes
and vessels belonging, and that one moiety of the produce of
such prizes belonged to her Majesty, and that the said Skeene
refused to account for the same to her Majesty, or any other
lawfully authorized and impowered on H.M. behalfe to require
the same. To this Bill Skeene 9th June 1709 put in his answer,
but it was excepted to and reported short, whereupon Skeene
on 14th Sept. following put in a second answer to which Hodges
replyed, and Skeene having rejoyned thereto, a subpena to
judgement issued, and the 15th March 1710 the said cause came
to a hearing in the said Court of Exchequer, and the Court
decred to H.M. £209 9s. 8d. being the moiety of the neat produce
of the prize Maria of Nantz: upon this Skeene prefered his
petition to the said Court, and praied the Court to grant him an
order for a rehearing, and that in the mean time no further
proceedings be had on the said decreetal order: that petition the
said Court of Exchequer dismissed; whereupon Skeene petitioned
Mr. Lillington then precident of H.M. Council here, and pray'd
that the said decretal order might be staied untill the merits of
the said petition was heard. Lilling ton on 8th May, 1711 ordered
the merits of the said petition to be heared before him in Chancery,
and that in the mean time no further proceedings be had against
Skeene. Thus the matter stood till 30th Oct. 1711 at which time
the cause came to be heared before me, and after it was opened
and spoke to by Council on either side, I declared that it was my
opinion that the Queen's Revenue and all matters relaiting
thereto was to be determined in the Court of Exchequer and that
no appeal laid from that Court to the Court of Chancery, being
the Court of Exchequer was a Court of both Law and Equity;
I also added that it was my opinion that the late Precident's
order on the said Skeen's petition was extra-judicial, but these
points being put to the vote, all the Council gave it as their
opinion that an appeal even in the Queen's case did ly from the
Court of Exchequer to the Court of Chancery and the late Precident's order was regular and good: being thus over-ruled the
course was ordered to be heared the next sitting of the Court.
I need not observe to your Lordshipes how long Mr. Skeene
hath kept the Queen's mony in this Island, but I must take
notice that this is the first appeal that hath been made from the
Court of Exchequer to the Court of Chancery, but what effect
this inovation may have upon H.M. Revenue here; besides
occasioning matter of trouble, expence, and delay I leave to
your Lordshipes' consideration, and desire to know H.M. pleasure
in it. I observe it was made matter of complaint (by some
Gentlemen) against Mr. Crow that during his Government he
sat several times as one of the Judges in Chancery upon his own
causes; I likewise take notice that this and several other complaintes that were exhibited against him were dismiss'd as
frivolous: notwithstanding which I humbly desire your Lordshipes to let me know the Queen's pleasure what I must doe if
I should be either plaintiff or defendant in Chancery, for tho'
I have but one vote as that Court is now constituted, yet it cannot
be held without I am present. Your Lordshipes will perceive
by the inclos'd paper, that most of the Clergy, here have not
only made several complaintes to one Colonel Cleland, but have
also desired him to use his interest in England to get them some
glebes added to their livings: this conduct of the Clergy hath
given great offence not only to the Council here, but also to the
General Assembly. Refers to enclosures. The benefices here
are from 200 to £600 a year, and if the Churchwardens doe not
pay the parson what is settled upon him by an Act of the Island,
the parson in such case, hath no more to doe, than to make his
complaint to the Governour for the time being who is impowered
by Law to give the parson a warrant to distrain upon the Churchwardens for so much as there is due to him. This step of the
Clergy hath given great offence to the people, and they are very
uneasy that the Clergy are not satisfy'd with their present
condition, especially, since the Assembly hath already dealt so
generously and well by them, that but few countries can equall
their care and benefaction to the Church. I beg your Lordshipes
to lay the aforesaid papers before H.M. and to signify H.M.
pleasure by the first opportunity to your Lordshipes most obedient
humble Servant. Signed, Rob. Lowther. Endorsed, Recd.
11th April, 1712. Read 14th, 17th July, 1713. Holograph.
4 pp. Enclosed, |
|
228. i. Clergy of Barbados to Col. William Cleland. Urge
him to interpose with the Society for propagating the
Gospel, for settling the affair of General Codrington's
donation and composing the difference between them
and Col. Codrington; also to obtain an instruction to the
Governor to grant them escheated lands for glebes etc.
Complain that the Churchwardens are not under any
penalty for misapplying parish money etc. Signed,
Irvine, Brice, Wharton, Justice, Gordon, Cunninghame,
Glasgow, Bailie. Copy. 1½ pp. |
|
228. ii. Minute of General Assembly of Barbados, 29th Oct.,
1711. Resolved that the Clergy who signed the preceding letter are guilty of the highest disrespect to H.E.
and the members of the Council and Assembly by not
communicating their imaginary wants and grievance
to them first etc., and are guilty of laying most unjust
and foul calumnies on ye Legislative power of this
Island by insinuating that ye Clergy is neglected and
the Church not sufficiently endowed etc. Letter to
the Bishop of London ordered, and an Address to H.E.
1½ pp. |
|
228. iii. Address of the General Assembly of Barbados to
Governor Lowther. 29th Oct., 1711. We are satisfied
that the complaints of the Clergy are unreasonable,
and apprehend the above letter tends to create a jealousie
and mistrust of your Excellency's administration the
contrary whereof wee have experienced etc. Pray H.E.
to lay above matters before H.M. Endorsed, Recd.
11th April, 1711, (sic). 1¼ pp. [C.O. 28, 13. Nos.
100, 100 i.–iii.; and (without enclosures) 29, 13. pp.
7–15.] |
Dec. 20.
Boston, New England. |
229. Governor Dudley to the Earl of Dartmouth. Since
my letter by H.M.S. Adventure, I have caused Lt. Governor
Taylour and Col. Redknap to view all the frontiers of this Province next to the French and Indians, where we must expect
to be visited, this winter or early in the spring, they being encouraged by the disaster of H.M. fleet, however I hope to secure
the poor settlements of H.M. good subjects by a party of 200 men
I have in sloops to keep them from their support on the sea side,
and two other partys of 60 each at their secret recesses in the
forrest where they hide, who all have difficult marches to make
on their snowshoes, the snow being generally two foot deep in
the forrest. I have giveen the command of H.M. Castle at this
place, which is the only place of strength in the Province, to
Col. Taylour, which while the warr continues will give him the
benefit of £100 per annum, towards his support here, and I
humbly hope an happy peace will at length give H.M. leasure,
and oppertunity to command a proper and just support for her
Governour, Lt. Governour and Secretary, etc. as Nov. 13. The
whole years accounts, etc. are covered to the Lords Commissioners
of Trade, etc. All the Assemblys of H.M. Governments have
humbly addressed H.M. to renew the expedition against Canada
the next year, etc. as Nov. 13. Signed, J. Dudley. 2¾ pp. [C.O.
5, 898. No. 22.] |
Dec. 21.
Boston. |
230. Mr. Addington to Mr. Popple. Encloses following.
Signed, Isa. Addington. Endorsed, Recd. April 24, 1712, Read
July 6, 1713. 2 pp. Enclosed, |
|
230. i.–vii. Accounts of stores of war in the several Forts
in New England to June 26, 1711. Endorsed as preceding. 9 pp. |
|
230. viii.–xvii. List of causes tried in the several Inferior
Courts of the Massachusets Bay in 1711. Same endorsement. 20 pp. |
|
230. xviii. Account of H.M. Revenue in New Hampshire,
1710–1711. Details of expenditure of £3788 11s. 11d.
Signed, Sam. Penhallow. Same endorsement. 1 large p. |
|
230. xix.–xxviii. Duplicates of Proclamations issued by
Governor Dudley relating to the Expedition to Canada.
Printed. Same endorsement. 10 pp. [C.O. 5, 865.
Nos. 91, 91 i.–xxviii.; and (without enclosures) 5, 913.
pp. 405–411.] |
Dec. 21.
Whitehall. |
231. Mr. Granville, Secretary at War, to the Council of
Trade and Plantations. Having layd your letter concerning the
Invalides in the companys at New York before the Queen, H.M.
was pleas'd to referr the consideration of that matter to the
Commissioners for Chelsea Hospll., and I having now receiv'd
their opinion that such disabl'd soldiers do continue at New
York, but that it should appear by certificates from the Governor
that the said soldiers have been disabled by wounds in H.M.
service, or that they have serv'd in the army 20 years or upwards
whereby they are become unfitt for further service; they also
further proposing that the Agent here, who pays those companys,
or such other person as the Governor shall appoint, by virtue of
a letter of attorney from the soldiers shall receive their pay or
pension money as out-pensioners of Chelsea Hospitall, and that
the certificates before mention'd be sent to the Commissioners
as proper vouchers for their admittance into the pension, I
think it proper to give this information, etc. Signed, G. Granville.
Endorsed, Recd. Dec. 24, Read Jan. 15, 17 11/12. 2 pp. [C.O. 5,
1050. No. 34; and 5, 1122. pp. 478, 479.] |
Dec. 22.
London. |
232. Mr. Wainwright to Mr. Newman. Gives details of the
death of Col. Hilton (v. Dec. 3). He was shot by Indians in the
woods of N. Hampshire, two years ago, whilst in command of a
guard protecting cutters of H.M. masts, etc. Signed, Chas. Wainwright. Endorsed, Recd. Dec. 28, Read Jan. 14, 1711. Addressed,
for Henry Newman, att his lodgings over White Hall Gate.
1 p. [C.O. 5, 865. No. 74.] |
Dec. 22.
St. James's. |
233. H.M. Warrant granting Edmund Jennings, Secretary
of Virginia, leave of absence "for some time" etc. [C.O. 324,
32. pp. 111–113.] |
Dec. 22.
Bristoll. |
234. Merchants of Bristol trading to Newfoundland to the
Council of Trade and Plantations. Wee take leave to remind
you of the vast advantages that would accrue to Great Brittaine
by obteining the sole benefitt of the Fishery and trade to Newfoundland, which by Act of 10 and 11th Wm. appears to be H.M.
undoubted right. And conceiveing the ensueing treaty to be the
likelyest time to regaine that trade to this Kingdome, most
earnestly desire your honours' care in and favourable representation of the same. Signed, Saml. Shawe and 28 others.
Endorsed, Recd. Dec. 27, Read Jan. 14, 17 11/12. 1 p. [C.O. 194,
5. No. 9; and, 195, 5. p. 264.] |
| Dec. 25. |
235. Petty Expenses of the Board of Trade, Stationery,
postage etc. Sept. 29–Dec. 25, 1711. 4 pp. [C.O. 388, 76.
Nos. 123–127.] |
Dec. 29.
Exchequer Officer, Inner Temple. |
236. Certificate that security has been given for Mr. Hyde,
Governor of Carolina. Signed, Ga. Armiger. Endorsed, Recd.
2nd, Read 4th Jan., 17 11/12. ⅓rd p. [C.O. 5, 1264. No. 128; and
5, 1292. p. 334.] |
