|
| [Aug. 1st ?] |
432. The Earl of Dartmouth to Governor Nicholson. It
was very agreeable to the Queen to find by your letter of 24th
past to me which I laid before Her that you were using all
imaginable diligence to proceed to America. I have sent you
enclosed half a dozen of H.M. Speeches [will] all the Stationers
could furnish me with, the want of more will I hope be supply'd
by the Press at Boston where you tell me you propose to reprint
'em, for I believe you judge very well that the publishing and
dispersing of 'em thro' out the Continent of America will be for
H.M. service. Countersigned, Dartmouth. [C.O. 324, 32. p.
229.] |
| Aug. 1. |
433. H.M. warrant granting further leave of absence to
William Sharpe for one year, he to continue one of the Council of
Barbados meanwhile. Countersigned, Dartmouth. [C.O. 324,
32. pp. 228, 229.] |
Aug. 3.
Whitehall. |
434. Mr. Popple to Sir Robt. Raymond, Solicitor General.
I send you four bundles of Pensylvania laws for your opinion
thereupon in point of law as soon as conveniently may be. The
reason for dispatch is, that by Mr. Penn's patent, he is allowed 5
years after the making of laws to transmit and deliver the same
to H.M. Privy Council, but H.M. by the said patent is allowed but
six months after the delivery of such laws as aforesd. to repeal
any of them. And the inclosed laws, having been received
from Mr. Penn the 22nd of the last month, I am commanded to
acquaint you therewith, that the time for H.M. repealing any of
them may not lapse. Among these laws there are several with
the same titles as others that have been formerly repealed. I
enclose representations of 1706–1711, with Mr. Attorney General's
opinions, upon the said repealed Acts. Annexed, |
|
434. i. List of 29 Acts of Pennsylvania, Oct. 14, 1708—June
7, 1712. [C.O. 5, 1292. pp. 389—393.] |
Aug. 3.
Whitehall. |
435. Same to Wm. Borret, Solicitor of the Treasury. Encloses
above Acts of Pennsylvania, etc. The Council of Trade and
Plantations desire you would solicit the dispatch of Mr. Solr.
Genl., etc. [C.O. 5, 1292. p. 393.] |
Aug. 3.
Jamaica. |
436. Governor Lord A. Hamilton to the Council of Trade and
Plantations. I received the 16th July your Lopps'. letter of
May 8th, with the Queen's commands for publishing the Peace
etc., which was done accordingly here the day following with the
utmost joy and all due solemnity. Acknowledges letter of Aug.
17, 1712. In relation to Mr. Creagh, I refer your Lopps. to May
15th, 1712, with this further observation only, the seizure of
Mr. Creagh's vessell being made by Mr. Littleton the evidences
for the proof of his crime were allways in his possession, and upon
notice given by me to Mr. Littleton that they were to be sent home
together with Mr. Creagh. He undertook for that end to keep
them in safe custody and at hand on board one of H.M. ships at
that time under his command. but omitting to remove them upon
his sending that ship to sea. put it out of my power to send them
with Creagh as I intended, and it was at Creagh's own earnest
and pressing solicitation he was sent home before the return of
that ship; but Mr. Littleton having afterwards carried the said
evidences along with him, I humbly hope has given H. M. as to my
part in that affair intire satisfaction. Encloses Minutts of
Council etc. Signed. A. Hamilton. Endorsed, Recd. Oct. 2,
1713, Read Jan. 19, 1713/14. 2½ pp. Enclosed, |
|
436. i. Receiver General's (James Knight) account of H.M.
Revenue, Jamaica, Sept. 29, 1712—March 25, 1713.
Receipts, £7445 19s. 2d. Paid, £4319 19s. 7d. Owed,
£4794. Audited by Peter Heywood. Endorsed, Recd.
Oct. 2, 1713. 3 pp. [C.O. 137, 10. Nos. 33, 33 i.; and
(without enclosures) 138, 14. pp. 54, 55.] |
| Aug. 6. |
437. Mr. Attorney General to the Council of Trade and
Plantations. I am humbly of opinion that the Act to prevent any
one person from holding two or more offices of profit in Jamaica,
is not fit to have H.M. royal confirmation, it appearing to be
designed onely for a particular purpose to deprive Mr. Rigby,
Provost Marshall under Mr. Baker, of the deputation of the office
of Secretary, (held by him from Mr. Baker), and for that both the
said offices are held, and always have been so by vertue of H.M.
Letters Patents, and are properly to be regulated by H.M.
directions, and are not incompatible to be held and executed by
the same person. Besides. the Act providing that no two offices
of profit shall be held and enjoyed by one and the same person,
is unreasonable, for that many single offices of that Island are
not sufficient for the maintenance of one person, and where they
are not incompatible there never was any law made before for
restraining one person from having two. and the proviso in the
Act is repugnant to the body of it, for that it allows any person to
get by patent either from the Queen or the Governor as many
offices as he can obtain, and thereby allows a man to have and
execute more offices than one as Principal, but not as Deputy,
which is a mere fancy, and shews the Act is of no other use, but to
deprive Mr. Rigby of his deputation which Mr. Baker might
lawfully make and he lawfully accept. Signed, Edw. Northey.
Endorsed, Recd. Read Aug. 6th, 1713. 2¼ pp. [C.O. 137, 10.
No. 24; and 138, 14. pp. 28–31.] |
Aug. 6.
Whitehal. |
438. Council of Trade and Plantations to the Queen.
Recommend disallowance of Act to prevent any one person from
holding two or more offices of profit in Jamaica, for reasons given in
preceding. [C.O. 138, 14. pp. 32–35.] |
| [Aug. 6.] |
439. Planters and Merchants concerned in Jamaica to the
Council of Trade and Plantations. We consider the above Act
is for the general good of Jamaica, etc. Signed, Gilbert Heathcote
and 17 others. Endorsed, Recd. Read Aug. 6th, 1713. 1 p.
[C.O. 137, 10. No. 25.] |
Aug. 6.
Gayns. |
440. Major General Handasyd to the Council of Trade and
Plantations. Reply to July 31st. Refers to his letters and Minutes
of Council and Assembly of Jamaica, 1711. The Act of Jamaica
for preventing any one person etc. was lookt upon by everybody to
be designed by ye then Assembly against Mr. Rigby, who did not
execute his offices, but however was to be concluded by it. I did
never approve the Act in my own judgment, and much less ye
manner in which it was first brought upon ye stage, which was
by tacking it to a mony bill, and which was carried in ye Assembly
but by ye Speaker's voice, who was yn. Mr. Beckford. The same
Assembly voted that they had a right of adjourning themselves
as they thought fitt; and they were about yt. time in such heats,
yt. I could not but be apprehensive yt. I should not be able to
induce them to provide for ye Regiment, and other necessary
supplyes for ye Government, if I had not gratifyed them with
this bill, and which ye Council as well as myself determin'd to do,
provided they desisted from their pretence of tacking, and I
thought it more for H.M. service to pass this bill att ye time,
which would be afterwards submitted to H.M. pleasure to approve
or disallow, then to dissolve ye Assembly, before ye Government
was in some measure provided for, and which I immediately
thought necessary afterwards, lest some few men who had often
endeavoured to give disturbance to ye Government, and thought
they had yn. got power into their hands, after their vote of
adjourning, should make farther attempts upon H.M. royal
prerogative. It was with ye unanimous advice of ye Council yt.
I first admitted Mr. Rigby etc. I never heard any complaints
against him, but think he deserved well of the Government on
all occasions; and I am apt to beleive ye opposition he has met
with, has been upon yt. account cheifly, etc. Signed, Tho.
Handasyd. Endorsed, Recd. 10th, Read 11th Aug. 1713.
Addressed. Postmark. 2 pp. [C.O. 137, 10. No. 26; and
138, 14. pp. 36–39.] |
| Aug. 6. |
441. Mr. Attorney General to the Council of Trade and
Plantations. In obedience to your Lordps.' commands, I have
considered of the enclosed accot. of escheats with the Lord
A. Hamilton's observations thereon, and I do most humbly
certifie that by an Act passed Nov. 21, 1703, for raising a revenue
to H.M. etc. it is provided that as well H.M. quit-rents fines
forfeitures and escheats arising within the Island of Jamaica as
the impost and revenue thereby granted shall be applyed and
appropriated to the support of the Government of that Island
and the contingent charges thereof, and to no other use intent
or purpose whatsoever, but not to lessen H.M. power of pardoning
and remitting such fines and forfeitures, and £1250 thereof pr.
ann. is appropriated for the fortifications. As to the new Instruction of Feb. 19, 170 8/9 to the Governor restraining him from selling
escheats till an account thereof shall be transmitted to Britain
and directions recvd. from thence, I can not say anything concerning that complaint, which occasioned it, or how that complaint
was supported, having no account of it, except what appears in
the order, by which it appears to have arisen from persons,
whose titles had been questioned on such writs of escheat and
avoided, their complaints being as stated in that Order, that
their titles to their lands and negroes had been so questioned,
notwithstanding they had held and enjoyed the same many years,
which if without title, as by the determinations on those writs it
appears to have been, it was not a disturbance or oppression but a
just prosecution for the rights of the Crown. Another greivance
was that when the title of the Crown had been established, the
escheated estates had been granted to the prosecutors and
informers, which I think also not an objection, for they that had
discovered the title of the Crown had reason to have a preference
in purchasing the same, which could not by the Act mentioned in
the state be for less than they were valued at by the jury finding
the escheat. And in regard the profits of those escheats are by
that Act (approved by H.M.) appropriated for supporting the
Government of that Island, which by the representation is stated
not to be sufficient for that purpose, I do not see any objection
against altering that Instruction, and permitting the Governor to
sell from time to time as he is allowed to do by that Act which
hath been confirmed, he being satisfied that the value found is a
reasonable value and remitting accounts thereof from time to
time to H.M. Signed, Edw. Northey. Endorsed, Recd. 6th
Aug. 1713, Read 28th Jan. 17 13/14. 1¾ pp. Enclosed, |
|
441. i. An account of escheats in Jamaica with Governor Lord
Archibald Hamilton's observations thereon. Copy. 25
pp. [C.O. 137, 10. Nos. 39, 40; and (without enclosure)
138, 14. pp. 67–69.] |
Aug. 7.
Whitehal. |
442. Mr. Popple to Sir E. Northey. Desires his opinion in
point of law upon the Act of Jamaica declaring what persons shall
be qualify'd to sit in Assembly, etc. [C.O. 138, 14. p. 36.] |
Aug. 7.
Corke. |
443. Governor Nicholson to the Earl of Dartmouth. Encloses
receipts for letters left at Kinsale for Lt. Col. Moody. (v. July
11), etc. Continues:—We have had for tenn dayes past very
stormy and rainy weather which to my great sorrow has hindred
our saileing. I hope the weather is changed, soe yt. wee may
saile, for it is a very great trouble to me that H.M. hath been at
the charge of a mann of warr and of my commission for above
six months and that wee have got noe farther, but I shall
endeavour God willing to retrieve the time, by makeing all the
dispatch possible, etc. I am heartily sorry that Col. Moody hath
been detained soe long, for I fear that he will come late upon the
coast of Newfoundland, and if the winter should sett in soon
as sometimes it doth, that they will find it difficult to get to
that countrey, therefore I hope he will make but very little stay
here. I will endeavour what I can to meet him at Placentia,
this winter after please God I have been at Annapolis Royall,
etc. Signed, Fr. Nicholson. 1½ pp. Enclosed, |
|
443. i., ii. Governor Nicholson's orders for clothes for the four
Independent Companies at Placentia, Aug. 4, 1713. |
|
443. iii., iv. John Netmaker's accounts etc. of above. |
|
443. v., vi. Correspondence between Governor Nicholson and
Col. Henry Hawley, Lt. Governor of Kinsale, relating to
above and some deserters. 8 pp. in all. |
|
443. vii. Col. Hawley's receipt for a letter to M. de Vaudreuil
to be delivered to Col. Moody. Cork, July 30, 1713.
Copy. 1 p. [C.O. 5, 9. Nos. 111, 112 i.–v., 120.] |
Aug. 8.
Hampton Court. |
444. Order of Queen in Council. Repealing Act of Jamaica
to prevent any one person from holding two or more offices of profit
in this Island. Signed, Christo. Musgrave. Endorsed, Recd.
14th Aug., Read 16th Dec., 1713. 1¼ pp. [C.O. 137, 10. No.
32; and 138, 14. pp. 50, 51.] |
Aug. 8.
Hampton Court. |
445. Order of Queen in Council. Referring following to the
Council of Trade and Plantations for their report. Signed
Christo. Musgrave. Endorsed, Recd. Sept. 2, Read Nov. 26, 1713.
1¼ pp. Enclosed, |
|
445. i. Petition of Capt. Cyprian Southack to the Queen.
Prays for payment of the Province galley for the
expedition to Canada, etc. v. A.P.C. II. No. 1190.
Copy. 1¾ pp. [C.O. 5, 866. Nos. 8, 8 i.; and 5,
913. pp. 455–459.] |
Aug. 8.
Hampton Court. |
446. Order of Queen in Council. Appointing Edmond
Berkley and William Cocke to the Council of Virginia. Signed,
Christo. Musgrave. Endorsed, Recd. Sept. 30, 1713, Read June
7th, 1714. 1½ pp. [C.O. 5, 1316. No. 109; and 5, 1364. pp.
43, 44.] |
Aug. 10.
From Antigua. |
447. Governor Douglas to [? the Earl of Dartmouth]. I
received H.M. orders to return forthwith to England, on the 7th
instant, and am ready to obey all orders from H.M., and your
Lordshipp, and design to embark in the first shipp for Great
Brittaine; my family is at this time very sickly, but that shall
not delay my return. I wish I durst beseech your Lordshipp to
suspend your censure of me, till I see my accusers face to face, and
have an opportunity to justifie my conduct, for what won't
those invent, that I have discharg'd of their places for misdemeanors, what won't they say, that pretend to my post, and
what may not I expect from those, that I have sent home to receive
condign punishment for their treasons and murders? I am but
too sensible, that they have informed the Lords of the Councill
of vast sums of mony that I have raised, but I hope to satisfie
your Lordshipp, that I am as innocent as poor, for anything I
have acquired in this part of the world. Signed, Walter Douglas.
1 p. [C.O. 7, 1. No. 22.] |
Aug. 11.
Treary. Chambers. |
448. T. Harley to the Council of Trade and Plantations.
Some of the disbanded officers and soldiers, who propose the
making of a settlement in North America, having been before my
Lord Trearer., and offered to go and settle there in case they be
paid a years pay according to the station they acted in when
disbanded; his Lordp. returns your former report etc., and desires
you will consider this affair upon the foot of the peticoners' last
proposicon, etc. Signed, T. Harley. Endorsed, Recd. 13th,
Read 14th Aug. 1713. 1 p. Enclosed, |
|
448. i. Duplicate of Council of Trade's Report, July 13th. |
|
448. ii. Memorial of disbanded officers to the Lord High
Treasurer. "The memorialists having consider'd that
going to Nova Scotia will be of farr greater advantage
to the Govermt. then where before has been propos'd,"
offer to do so, with 500 privates, if one year's pay be
advanced (£8362 17s. 10d.), and they be exported at
H.M. charge with arms, ammunition and all manner of
utensils fit for a plantation, and be granted 30,000 acres
of land, etc. Signed, John Evance, Will. Bowen, John
Lewis, Jno. Coleman, William Armstrong. Endorsed,
R. July 24, 1713. 1 p. |
|
448. iii.–v. Duplicates of disbanded soldiers' proposals to
Council of Trade. [C.O. 217, 1. Nos. 10, 10 i.–v.; and
(without enclosures) 218, 1. p. 80.] |
Aug. 12.
Whitehall. |
449. The Earl of Dartmouth to the Council of Trade and
Plantations. The Queen having been pleased to appoint Walter
Hamilton Esq. to be Governor of the Leward Islands in the room
of Colonell Douglass, you are to prepare his Commission and
Instructions as usual. Signed, Dartmouth. Endorsed, Recd.
Read 14th Aug., 1713. 1 p. [C.O. 152, 10. No. 6; and 153,
12. p. 104.] |
Aug. 13.
St. James's. |
450. Warrant from the Lords Proprietors of Carolina to
Francis Brooke, Surveyor General of North Carolina, to set out
for Charles Eden, Governor of North Carolina, 1000 acres of land,
with a quit-rent of 10 shil. a year. Signed, Beaufort, Carteret,
Ful. Skipwith, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290.
p. 67; and 5, 291. p. 29]. |
Aug. 13.
St. James's. |
451. Warrant from the Lords Proprietors of Carolina to
Daniel Richardson, Receiver General of North Carolina, to pay
to Governor Eden 300l. per annum current money by quarterly
payments, as a salary, etc. Signed as preceding. [C.O. 5. 290.
p. 68; and 5, 291. p. 30.] |
Aug. 16.
Windsor Castle. |
452. H.M. Warrant to Mr. Attorney or Sollicitor General
to prepare a bill for H.M. signature appointing William Forbes
Provost Marshal General of Barbados, to enjoy the same by
himself or his sufficient deputy or deputies (who shall be resident
upon the said island and for whom he shall be answerable)
during our pleasure with all fees etc. thereunto belonging in as
full and ample a manner as Erasmus Lewis, etc., and revoking
the letters patents granted to Lewis, etc. [C.O. 324, 32. p.
230.] |
Aug. 17.
Virginia. |
453. Lt. Governor Spotswood to the Council of Trade and
Plantations. In pursuance of your Lordps'. commands of 8th
May, I have appointed the tenth of next moneth for the solemn
publication of the Peace throughout this Colony, and for a general
thanksgiving for the same. I have also presum'd in conjunction
with the Council to address H.M. on this happy occasion, etc.,
and have desired Col. Blakiston our Agent to wait on your Lordps.
for your directions in the manner of presenting it to H.M. Your
Lordps. will observe that there are but six of the Council subscribing that Address; occasioned by the absence of Col. Jenings
and Col. Ludwell in England, and the remoteness of two others of
that Board, who rarely attend except at General Courts and
Assemblys. The small number to which the Council are now
reduced will I hope prevail with your Lordps. to move H.M.
to fill up the two vacancys, by restoring Coll. Bassett to his former
rank at that Board (which hath hitherto hindered his acting in
that station) and by adding Mr. William Cocke (the Secretary)
according to my former recommendation. In a letter to your
Lordps., March 6, 1710, soon after I had put in execution H.M.
Instruction concerning the granting of land, I took the liberty
to represent to your Lordps. the case of those who had taken
up and surveyed land before the death of Governor Nott upon
the faith of the Acts of Assembly, and the continued practice
then in force, and before the alteration of the conditions of cultivation had been publickly notify'd, whose patents were stop'd upon
a subsequent order. The pretensions of those persons being by
that Proclamation reserved to them untill H.M. should signify
Her pleasure upon what terms their land should be granted, I
beg leave to renew my applications to your Lordps. in their behalf,
not only in regard great part of such lands remain uncultivated
for the benefite of the claimers but more especially that the quittrents thereof are lost to H.M. untill patents are granted. I shal
not here repeat what I formerly represented etc.: but as I
inform'd your Lordps. that even at that time, neither the claimers
nor the quantity of land claim'd under that circumstance were
considerable; so I now assure your Lordps. both are much
lessen'd since; divers patents having been taken out for the same
lands on the new tearms; and therefore I must again with all due
submission, offer my opinion that the few that remain be gratify'd
with patents upon the old terms of seating and planting. This
favour if granted, will without much prejudice to H.M. intentions,
be a great means to quiet the people in relation to the new tenure
introduced by the late Instructions, and prevent that clamour
and uneasiness which the populace are apt to fall into, from a
reflection on private disappointments, without considering the
publick benefite of the country intended thereby, of which they
have but a remote and imperfect view. Signed, A. Spotswood.
Endorsed, Recd. 5th Nov., 1713, Read 3rd May, 1716. 2 pp.
Enclosed, |
|
453. i. Address of the Lt. Governor and Council of Virginia to
the Queen. We humbly beg leave to send from these
distant parts of your Empire, unfeigned congratulations
upon the conclusion of a glorious war, which your
Majesty hath now crowned with an honourable and
advantageous Peace. None of your Majesty's people
can more truly rejoice at this happy Peace, than your
Virginia subjects, who have of late years laboured under
such discouragements in their only staple commodity,
that nothing less than Peace, with your Majesty's
compassionate regard to the trade and circumstances
of this Colony can give them any hopes to repair what
they have suffered during so long and burdensome a war.
As this Government at present enjoys the happiness of
a general calmness in men's minds here, we shall use
our utmost endeavours to preserve the same, and whilst
we are cultivating the arts of Peace, shall think it our
bounden duty to pray for that sacred person who next
under God procured us the blessing. Virginia, Aug. 12.
1713. Signed, A. Spotswood, Robert Carter, James
Blair, Hen. Duke, John Smith, John Lewis, W. Byrd.
Same endorsement. 1 p. [C.O. 5, 1317. Nos. 19, 19 i.;
and (without enclosure) 5, 1364. pp. 272–276.] |
Aug. 17.
Custom ho., Bristoll. |
454. Officers of the Custom House, Bristol, to the Council of
Trade and Plantations. Enclose following. Signed, J. Reynardson,
Jno. Elbridge. Endorsed, Recd. Aug. 21st, 1713, Read Feb.
9th, 17 13/14. Addressed. ¾ p. Enclosed, |
|
454. i. List of ships (3) cleared from Bristol, to the Fishery
at Newfoundland. June 24, 1712–1713. 1 p. [C.O.
194, 5. Nos. 30, 30 i.] |
Aug. 18.
Whitehall. |
455. Circular letter from the Earl of Dartmouth to the
Governors of the Plantations, etc. H.M. having thought fitt to
remove me from the office of Secretary of State in which I have
had the honour to serve her above three years, and to constitute
me Keeper of the Privy Seal, I think myself obliged before I leave
this place to return you my hearty thanks for your regular correspondence, and to assure you that in every station of life, I shall
unalterably be, Sr., your most humble servant, Signed D., C.P.S.
[C.O. 324, 32. p. 231.] |
Aug. 18.
Whitehall. |
456. Same to Governor Lord A. Hamilton. Begins as preceding. Concludes:—Notwithstanding the great difficulties which
attend a Plantation Government, your Lordp. has carry'd yourself
without reproach, and I have not heard the least complaint of
your conduct in any respect. etc. Signed, Dartmouth, C.P.S.
[C.O. 324, 32. p. 232.] |
| Aug. 19. |
457. Mr. Solicitor General to the Council of Trade and Plantations. I have considered the Act of Barbados to enable the
executor of Joanna Parris to sell lands, etc. (v. July 23, 24); and
tho' this Act is not drawn as such Acts are usually drawn in
England, such acts here usually vesting the lands in the person
who is to sell, and this act only giving the party a power so to do,
and tho' the sale is to be made by a feme covert, yet I take it it
will be sufficient in an Act of Assembly, which is of the same
effect there, as an Act of Parliamt. here; therefore I have no
objeccon in point of law agt. H.M. confirming the said Act, etc.
Signed, Rob. Raymond. Endorsed, Recd. Aug. 25, Read Oct.
15, 1713. 1 p. [C.O. 28, 14. No. 8; and 29, 13. pp. 77, 78.] |
Aug. 19.
Whitehall. |
458. Council of Trade and Plantations to Governor Hunter.
Enclose Attorney General's reports upon queries in letter of June
11th, q.v. [C.O. 5, 1123. p. 127.] |
| [Aug. 19.] |
459. Disbanded Officers and Soldiers to the Council of Trade
and Plantations. (cf. Aug. 11). New proposals for going to Nova
Scotia at H.M. expense. Total, estimated cost, £15,957 9s. 10d.
Endorsed, Recd. Read Aug. 19, 1713. 1 p. Enclosed, |
|
459. i. Estimated cost of necessary utensils in detail. Total,
(included in preceding estimate), £1699. 1¾ pp. [C.O.
217, 1. Nos. 11, 11 i.] |
Aug. 20.
Treary. Chambers. |
460. T. Harley to the Council of Trade and Plantations.
Encloses following, to be considered with papers sent on Aug. 11
q.v. Signed, T. Harley. Endorsed, Recd. 20th, Read 21st Aug.
1713. ¾ p. Enclosed, |
|
460. i. Thomas Coram to the Lord High Treasurer. The last
time I had ye honour to speak to your Lordship, on
behalf of ye disbanded soldiery, you were pleased to
intimate yt. they could not agree among themselves;
My Lord, they are all very desirous and unanimous
to settle (if they might) ye waste land petitioned for,
wch. would be of great importance to ye Crown as well
as a general benefit, by increasing our Navigation and
ye export of our woollen and other manufactures, and
many other ways advantageous, as I am (wth. humble
submission to better judgment) well assured, from ye
experience I had ten years together in North America,
where I went from hence a Faithful Factor for ye late
Mr. Thomas Hunt, before he fell into his misfortunes,
and for other principal merchants, to advance ye ship
building in those parts. I being sensible how far H.M.
waste lands there might be made advantageous to
ye Crown and nation if settled in a right method by ye
disbanded soldiery, who will otherwise be a burthen to
this Kingdom, was thereby moved (and encouraged to
it by General Nicholson) to set ym. upon petitioning
H.M. for their being settled upon that part not yet
inhabited, joyning on one side to New England, and
on ye other side to Nova Scotia, which land to be
settled is ye only part wanting to compleat ye settling
H.M. Empire throughout on ye sea-coast fifteen hundred
miles in length, and be one of ye glories of H.M.
reign, by finishing that wch. was began in Queen
Elizabeth's reign. The honble. Board of Trade and
Plantations made a very favourable report to your
Lordsp., for ye settling that land; but afterwards one
or more of that Board objected against that settlement,
on account of ye expence, and propos'd Nova Scotia.
Upon which there were some amongst ye soldiers yt.
were willing to go there for one year's pay, without any
farther view than getting a present supply for their
pressing necessities; That occasioned ye disagreement
your Lordsp. spoke of; by reason it is not practicable
for such indigent persons as they are to do ye Crown
or themselves any real service upon that scheme; But
such is their necessities, yt. they are willing to accept
of anything to prevent starving; they, for ye most
part, having no title to half-pay, nor hopes of any benefit
from ye Act of Parliament lately made in favour
of ye Soldiery. It was I, my Lord, yt. put these men
upon petitioning for that settlement, and have for more
than five months past, been at great pains, and some
charges, to put ym. in a way yt. they and their posterity
may be happy, and ye Crown and nation have an
advantage from their being well settled, etc. There are
enough of ym. to strengthen Nova Scotia, and to settle
ye land petition'd for, which they would gladly have
annexed to Nova Scotia, or put under ye Government
of it. Proposes that the Lord Treasurer should sanction
a general collection of voluntary contributions for
their settlement, as was granted for the Palatines, who
were not in worse circumstances, than most of these
disbanded soldiers, who faithfully served H.M. in ye
war, etc. I am assured by some persons of character
there would be money enough given to settle all the
distressed soldiers on the desired settlement without
any charge to ye Crown. I most humbly beg leave to
assure yr. Lordship it was with a design of doing good
service to H.M., and for a general benefit, that I presumed
to concern myself to promote this matter, and shall be
glad to be an instrument of having that waste countrey
settled with so many distressed families, comfortably
provided for in it by ye fishery, and by their raising
hemp and other naval stores we depend on from ye
Northern kingdomes, in such a manner as may render
Nova Scotia, with ye land petitioned for, ye most
advantagious to Great Britain of any part of North
America. A map whereof is now with me to shew (if
your Lordship will permit) ye convenience and advantage
of this oppertunity to settle it, etc. Signed, Thomas
Coram. Endorsed, to Commrs. for Trade. 2 large pp.
[C.O. 217, 1. Nos. 12, 12 i.; and (without enclosure) 218,
1. p. 81.] |
Aug. 21.
Whitehall. |
461. Council of Trade and Plantations to the Queen. Enclose
draught of Commission and Instructions in the usual form,
for Walter Hamilton to be Governor of the Leeward Islands.
(v. Aug. 14). And whereas there are several vacancies in the
Councils of the said Islands, by the death or removal of several
of the members thereof to other places, vizt. at Nevis three, at
St. Christors. five, at Antegoa one, and at Montserrat five we have
left blanks in the said draught of Instructions for the names of
such persons as your Majesty shall think fit to appoint, etc.
Recommend for Nevis, Michael Williams, John Choppin, and
Joseph Symonds; for St. Christophers, Ralph Willet, John
Duport, Clemt. Crook, Wm. Woodrop, and John Garnet; for
Antegoa, Tho. Williams; for Montserrat, Jno. Bramble, Anth.
Ravell, Anth. Fox, Wm. White and James Crookshanks, clerk.
Mem. The Commission and Instructions never passed. [C.O.
153, 12. pp. 105, 106.] |
| Aug. 21. |
462. Lords Proprietors of Carolina to Ch. Harte. It being
represented to us some time since that very great wrongs and
injuries were done to us by the illegal and exorbitant grants of
lands in our Province of South Carolina, whereby we were induc'd
to issue out our orders, that no other land should be sold in that
Colony but such as should be directed by our special warrants,
sign'd at our Board in London, yet the inhabitants of our said
Province having earnestly applied themselves to us that this our
order might in some measure be repeal'd and revok'd, and we
being willing to grant their request, and to give all due encouragemt. to such persons as shall come to settle themselves in that
part of our Province aforesaid. We do agree that the said
order should be repeal'd, and we do hereby consent that warrants
may be issued out of our Secretary's office in South Carolina, for
the grant of lands according to the accustomed rates and usage
of our said Province, provided that such grants shall not exceed
500 acres of land to any one purchaser, and that every 500 acres
shall be rated proportionably to the value of £10 sterl. of the
current money of Great Britain. Mem. The usual and accustomed chief rents, vizt. of 12 pence for every 100 acres of land
which shall be sold, must be reserv'd to be yearly paid by the
purchasers, to the Lords Proprietors, their heirs and assigns for
ever. Signed, Beaufort, Carteret, M. Ashley, J. Colleton, J.
Danson. [C.O. 5, 290. pp. 69, 70.] |
| Aug. 22. |
463. Warrant from the Lords Proprietors of Carolina granting
leave of absence to Nicholas Trott, Chief Justice of South
Carolina, with full salary, the Governor to appoint a Judge of
Common Pleas, etc. in his absence. Signed, Beaufort, Carteret,
Ful. Skipwith, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290.
pp. 70, 71.] |
Aug. 24.
Boston, New England. |
464. Governor Dudley to the Council of Trade and Plantations. My last letters were 1st Dec., 1712, etc., since which I
have no commands from your Lordships. Encloses Acts, Minutes
of Council, etc. Continues: These Provinces have been very
happy in the Cessation lately publish'd by H.M. commands,
and we are dayly waiting H.M. order for the publication of the
Peace, which her Majesty has so hapily brought to pass to the
benifit of all Europe as well as all the provinces in America. Ever
since the Cessation I have been sollicited by all the Eastern
Tribes of Indians to accept of their submission, and return
to their obedience to H.M., which was performed twenty dayes
since, the Sachems and delegates of the Indians attended me att
Piscataqua, in Newhampshire, and acknowledged their breach of
faith in their rebellion, and again renewed their assurances of
obedience to H.M., and the Brittish Goverments here. The
articles are amongst the papers, and are humbly submitted to
H.M. I am humbly wayting H.M. orders referring to the English
prisoners yet left in Quebeck, and the French King's orders for
their delivery to such persons as shall be sent from hence. I am
fearfull it will come so late that I shall not be able to perform it
this year, for that no vessell that goes from hence after the last of
September will be able to return before winter, however I shall
loose no time after I have the order. The Generall Assembly
of both the Provinces have addressed H.M. upon the Peace and
are sensible of H.M. princely regard to all Her good subjects
in North America in securing Newfoundland, Nova Scotia, and
the Bay of Fundet to the british interest. I humbly acquainted
your Lordships some time since of the misunderstanding between
Conecticut Colony, and this Province referring to the dividing
line set in their grants from the Crown, and that Road Island
Goverment had submitted to the line stated before their grant.
Since which this present year in July last, the gentlemen in
the Goverment off Conecticut Colony, have agreed the stating
of the line between this Province, and themselves, and it is ended
to mutuall satisfaction, and off record in both the Goverments,
which will take away the petty quarrels between the inhabitants
dwelling close upon the dividing line, between the Goverments,
which has been troublesome heretofore. Signed, J. Dudley.
Endorsed, Recd. 12th Nov., 1713, Read 25th June, 1718. 2 pp.
Enclosed, |
|
464. i. Copy of the agreement between the Commissioners of
the Province of the Massachusetts Bay and the Colony
of Connecticut, 13th July, 1713. (1) That the dividing
line between the aforesaid Province and Colony take its
commencement from the antient station of Woodward
and Saffery, and that a west line be run from thence
according to the direction in the Royal Charter to the
late Colony of the Massachusetts Bay, which line so
far as there are any settlements, is to be run adjusted
and determined by suitable persons appointed by each
Government for that purpose within the space of twelve
months etc., and afterwards to be further continued to
the full extent as the Governments shall direct. (2)
That the town of Woodstock granted 1683, laid out,
planted and established by the Government of the
Massachusetts, and at their very great cost and charge,
defended thro' the course of a long destructive war;
and the township of Symsbury granted in 1670, laid out
planted and established by the Government of Connecticut, do remain entire to the respective Governments by
which they were granted, both as to property and
jurisdiction, notwithstanding any intersection that may
be made in either of them by a new running or stating
of the line. (3) That the interfering betwixt the towns
of Symsbury and Suffield, upon the S.W. corner of
Suffield be reformed and that the notch of land in the
S.W. corner of Suffield of the content of about two mile
and an half near on the square not allotted out or
improved by Suffield, but under some improvement by
Symsbury be accounted part of the said town of Symsbury. That a west northerly line be drawn from a large
white oak markt tree standing on the bank of the west
side of Connecticut River, two or three rods from the
same, and about half a mile below the Island near the
foot of the falls in the great river being the S.E. corner
of Suffield bounds as formerly laid out vizt. 304
rod southward from the mouth of Stoney Brook, to
extend to Symsbury easterly bounds, so as to fall 216
rod to the northward of the intersection of Suffield
south line lately run by Messrs. Partridge Parsons and
Porter with the easterly line of Symsbury. This to
be the dividing line betwixt the town of Suffield to continue within the jurisdiction of the Massachusetts, and
the town of Windsor to continue within the jurisdiction
of Connecticut. And that for what land shall be wanting
to make the town of Suffield six mile square an equivalent
be made 'em according as is hereinafter agreed. (4)
That the town of Enfield granted and established by the
Government of the Massachusetts do entirely remain
within the jurisdiction of that Government according
to their grant etc. That the town of Windsor extend
north to the bounds of Enfield. Fit persons to be
appointed to run adjust and determine the lines between
the aforesaid towns as is herein agreed, so always that
in running the south line of Enfield its humbly proposed
to the Honourable the Governor and Council of
Connecticut to allow a favourable construction of the
grant of Enfield to contain six miles in breadth, which
if that cannot be obtained, then to be run upon a
streight line according to the general course of the
river. That the several tracts of land lying near to,
or bordering upon the line formerly granted and laid
out to Joseph Dudley, William Stoughton, Robert
Tompson, Esqrs., Sir Richard Saltonstall, Robert
Saltonstall, John Pyncheon, Thomas Clark, Esqrs.
Elisha Hutchinson, William Whiting Esqrs., and to
other particular persons, by the respective Governments
of the Massachusetts or Connecticut shall be held by
such grantees respectively their heirs and assigns forever
according to the priority of their grants altho upon the
new running of the divisional line it shall appear any of
the sd. lands lay not within the jurisdiction of the
Government by whom granted; and shall be confirmed
to such grantees their heirs and assigns by the Governmt.
within which they fall, that no persons be prejudiced
in their improvements. Governors Dudley and Saltonstall and the present Commissioners to hear and
determine any challenges by private persons made
within the next twelvemonths, etc. Where any towns
or particular persons by reason of any concessions herein
made, or a new stating of the line, shall be cutt short or
lessened in the quantity of their grants etc., an equivalent
shall be made of a like quantity of ungranted lands, etc.
Signed, Elisha Hutchinson, Isa. Addington, William
Pitkin, William Whiting. Endorsed as preceding. 6½ pp. |
|
464. ii. Account of stores of war in H.M. Fort William and
Mary, Newcastle in Newhampshire, 24th June, 1713.
1 p. |
|
464. iii. Account of stores of war in New Hampshire 24th June,
1712–1713. 2 pp. |
|
464. iv. Account of powder expended at Fort William and
Mary, 24th June, 1712–1713. Endorsed as letter. ½ p. |
|
464. v. Account of stores of war at H.M. Fort at Marblehead,
New England, 24th June, 1713. Endorsed as preceding.
1 p. |
|
464. vi. Account of powder expended at Marblehead, 24th
June, 1712–1713. ½ p. |
|
464. vii. Account of stores of war expended at Castle William,
Boston, 24th June, 1712–1713. 1 p. |
|
464. viii. Account of stores of war at Castle William, 24th June,
1713. 1 p. |
|
464. ix. Account of stores of war at Fort Anne, Salem, 24th
June, 1713. 1 p. |
|
464. x. Proclamation by Governor Dudley, by and with the
advice of the Representatives of the Massachusetts Bay,
for the more strict observance of the Act for ascertaining
the rates and value of foreign coins within H.M. Plantations.
Boston, 8th Nov. 1712. Signed, J. Dudley. Same
endorsement. Printed by B. Green etc. 1 p. |
|
464. xi. Proclamation by Governor Dudley, with the advice of
H.M. Council, for the arrest of deserters, and infliction
of the utmost penalties on all who shall harbour them
etc., "H.M. fleet and forces being sail'd this day on the
design'd expedition against Canada; and notwithstanding the warrants, proclamations etc., there are several
sailers, marines and souldiers of H.M. British troops
that have deserted, not yet taken up" etc. Boston,
30th July, 1711. Signed, J. Dudley. Printed as
preceding. 1 p. |
|
464. xii. Proclamation by Governor Dudley, by and with the
advice of the Council. Whereas Mary Nicholton, a servant woman in the family of Captain Thomas Matthews
in Boston, was missing from her master's house for two
days 17th Jan. last, and found murdered upon the flatts
on the south side of King Street pier in Boston near the
stern of the Success man of war etc., and writing without
name having been taken up in the street, intimating
the writer's knowledge of the place where she was
concealed, the writer of the said paper and all others
who can give information are hereby directed to give
information of what they know etc. 9th Feb. 1712,
Roxbury. Signed, J. Dudley. Printed as preceding.
1 p. [C.O. 5, 866. Nos. 149, 149 i.–xii.; and (without
enclosures) 5, 915. pp. 122–125.] |
Aug. 24.
Boston. |
465. Mr. Addington to Mr. Popple. Encloses Journal of
Assembly Aug.—Jan. 1712, Minutes of Council, June—Nov. 1712,
and Acts etc. 1711–1713. Continues: H.M. Royall Proclamation
for publishing the Peace, being newly arrived, was solemnly
published here this day, with the usual acclamations and demonstrations of joy and fireing. etc. Signed, Isa. Addington.
Endorsed, Recd. 12th Nov., 1713. Read 25th June, 1718. 2 pp.
[C.O. 5, 866. No. 150; and 5, 915. pp. 126, 127.] |
Aug. 24.
Boston, New England. |
466. Governor Dudley to the Earl of Dartmouth. Refers
to letter of April 8th, and "hopes of a perfect peace, which we are
dayly advised off by private letters, but yet want H.M. commands
to make it publique, and demand our prisoners att Mr. Voderil
hands yet remay[n]ing in Queebek and the French settlements in
Canada. The Eastern tribes of the Indians have absolutely and
intirely submitted themselves to H.M. disposall as by the inclosed
articles your Lordship will see, which being an originall I humbly
pray your Lordship may be seen by my Lord Treasurer, and it is
as your Lordship will see in the last article intirely submitted to
H.M. farther direction. Mr. Dummer presents your Lordship
with the seal of the Indian articles. I have sent away out of these
Goverments, every French man prisoner, or others that were
delayed upon the account of the warr, and hope I shall obtain the
English prisoners yet remayning in French hands, so soon as I have
the French King's orders to Mr. Voderil to send with Commissioners from hence to receive them. The other papers from these
Provinces are covered to the Board of Trade," etc. Signed, J.
Dudley. 1 p. [C.O. 5, 751. No. 84.] |
| [Aug. 24.] |
467. Enclosed in preceding:— |
|
The Submission and Agremt. of ye Eastern Indians, Portsmouth, New Hampshire, July 13, 1713. Whereas for some
years last past wee have made a breach of our fidelity and
loyalty to the Crown of Great Britaine and have made open
rebellion against H.M. subjects the English inhabiting in ye
Massachusets, New Hampsheire and other H.M. territories
in New Engld., and being now sensible of ye miseries wch. we
and our people are reduced unto thereby, we whose names are
hereunto subscribed, being delegates of all the Indians belonging
to Norrigawake, Narakamegock, Amasaconteog, Pigwocket,
Penecook, and to all other Indian Plantations, scituate on the
rivers of St. Johns Penobscot, Kenybeck, Amascogen, Saco
and Merimack and all other Indian Plantations lying between
the sd. rivers of St. Johns, and Merimack, parts of H.M. Provinces
of the Massachts. and New Hampshire within H.M. soveraignty,
haveing made application to H. E. Joseph Dudley Esq. Captn.
Generll. and Govornor in chief in and over the sd. Provinces,
that the troubles, wch. we have unhappily raised, or occasioned
agt. Her Majties. sd. subjects ye English, and ourselv's may cease
and have an end, and yt. wee may againe enjoy H.M. grace and
favor, and each of uss respectively, for ourselves and in ye name
and wth. ye free consent of all the Indians, belonging to ye severall
rivers and places afforesd. and all other Indians wthin. ye
said Provinces of and from Merrimack River unto the most
eastermost bounds of the said Provinces of ye Massach. Bay and
New Hampshire, hereby acknowledging ourselv's the lawfull
subjects of our Soveraign Lady Queen Anne, and promising our
hearty subjection and obedience unto the Crown of Great Britaine,
doe solemnly Covenant promise and agree, to and wth. the sd.
Joseph Dudly Esq. Govornr., and all such as shall hereafter be in
the place of Captn. Generll. and Govor. in chief of ye. sd. Provinces
or Teritories on H.M. behalfe in manner following, that is to say,
that at all times for ever from and after ye date of these presents:
we will cease and forbeare all acts of hostility towards all the
subjects of the Crown of Great Britaine and not offer the least hurt,
or violence to them or any of them in theire psons or estates, but
will henceforward hold and maintaine a firm and constant amity
and friendship wth. all the English and will never entertaine any
treasonable conspiracy wth. any other nation to their disturbance.
That H.M. subjects the English shall and may peaceably and
quietly enter upon improve and for ever enjoy all and singular
theire rights of land and former settlements, properties and
possessions within the Eastern parts of the said Provinces of ye
Massachts. Bay and New Hampshire, together wth. all Islands,
Islets, Shores, Beaches and Fishery within the same without any
molestation or claime by us or any other Indians, and be in no
waies molested interrupted or disturbed therein: Saveing unto
the said Indians theire own grounds and free liberty of hunting,
fishing, fowling and all other theire lawfull liberties and priveledges
as on the eleventh day of August in the yeare of our lord God one
thousand six hundred and ninety three. That for mutuall safety
and benifit, all trade and commerce which hereafter may be
allow'd betwixt the English and Indians shal be only in such
places and under such mannagmt. and regulations as shall be
stated by H.M. Govermts. of the sd. Provinces, respectively.
And to prevent mischiefs and inconveniencies: the Indians shall
not be allowed for the present: and untill they have liberty
from the respective Governments, to come neare to any English
Plantations or Settlemts. on this side Saco River. That if any
controversie or difference at any time hereafter happen to arise
betwixt any of the English or Indians for any real or supposed
wrong or injury don on the one side or the other, no private
revenge shall be taken by the Indians for the same, but proper
application shall be made to H.M. Governmt. upon the place for
remedy thereof, in due course of Justice, we hereby submitting
ourselv's to be ruled and governed by H.M. laws and desier to
have the protection and benefit of the same. We confess that
wee have contrary to all faith and justice broken our Articles
with Sr. Wm. Phips Governor made in the yeare of our Ld.
God 1693, and wth. the Earl of Bellomont Governor made in the
yeare of our Lord God 1699. And the assurance we gave to H.E.
Joseph Dudley Esq. Governor in ye year's of our lord God 1702:
in the month of August: and 1703, in the month of July notwithstanding wee have been well treated by the said Governors: and
we resolve for the future not to be drawn into any perfidious
treaty or corespondence to the hurt of any the subjects of Her
Majtie the Queen of Great Britaine, and if wee know of any such
we will seasonably reveal it to the English. Wherefore we whose
names are hereunto subscribed, delegates for the severall tribes
of the Indians belonging unto the river of Kenybeck, Amarascogen, St. Johns Saco and Merrimack and parts adjacent being
sensible of our great offence and folly in not complying with the
aforesd. submissions and agreemts. and also of the sufferings and
mischiefs that we have thereby exposed ourselves unto do in all
humble and submissive manner cast our selves upon Her Majties.
mercy for the pardon of all our past rebellions, hostilities and
violations of our promises: praying to be received unto Her
Majties. grace and protection. And for and on behalfe of our
selves and of all other the Indians belonging to the severall rivers
and places aforesaid within the sovereignty of Her Majtie. of
Great Britaine do again acknowledge and profess our hearty and
sincere obedience unto the Crown of Great Britaine: And do
solemnly renew ratify and confirme all and every of these articles
and agremts. contained in the former and present submissions.
This treaty to be humbly laid before her Majtie. for her ratification
and further order. In wittness whereof we the Delegates aforesaid
by name Kireberuit: Iteansis and Jackoit for Penobscut:
Josep and Eneas for St. Johns: Waracansit, Wedaranaquin
and Bommoseen for Kennebeck; have hereunto set our hands
and seals the day and yeare first above written. Signed sealed
and delivered in the presence of J. Redknap and 44 others. The
Indians' signatures are accompanied by seals and totem marks and
are as above except that Kireberuit appears as Qualebenewet.
Present; H. E. Joseph Dudley, Councillors of Massachusets:—Samuel Sewall, Jona. Corwin, Pen. Townsend, John Appleton,
John Higgenson, Andrew Belcher, Thomas Noyes, Saml.
Appleton, Ichobud Plaisted, John Wheelwright, Benja. Lynde.
Councillors of New Hampshire:— Wm. Vaughun, Peter Coffin,
Robert Elliot, Richd. Waldron, Nathl. Wyer, Saml. Penhallow,
John Plaisted, Mark Hunching, John Wentworth. Addressed.
"For the Earl of Dartmouth." Endorsed, In Mr. Dudley's of 24th
Augt. 1713. 3½ large pp. [C.O. 5, 931. No. 10.] |
Aug. 25.
Boston, New England. |
468. Governor Dudley to Mr. Popple. While I am sealing
my letters very hapily I have receiv'd from New York a packett
etc. commanding the Proclamation of the Peace etc. It has been
accordingly performed with all possible solemnity, and to the
universall joy and satisfaction of all H.M. good subjects etc.
Signed, J. Dudley. Endorsed, Recd. 12th Nov. 1713, Read 25th
June, 1718. ¾ p. Enclosed, |
|
468. i. Copy of the Boston News-Letter, Aug. 24–31, 1713,
giving an account of the Proclamation and acclamation
of the Peace. Printed. 2 pp. [C.O. 5, 866. Nos. 151,
151 i.; and (without enclosure) 5, 915. pp. 127, 128.] |
