|
1714
Jan. 1.
Windsor Castle. |
539. Lord Bolingbroke to the Council of Trade and Plantations. H.M. having been pleased to appoint John Hart, Esq.,
to be Governor of Maryland, you are to prepare his Commission
and Instructions as usual, etc. Signed, Bolingbroke. Endorsed,
Recd. 2nd, Read 3rd Jan. 1713/14. 1 p. [C.O. 5, 717. No. 54;
and 5, 727. p. 340.] |
| Jan. 2. |
540. Lt. Governor Pulleine to the Council of Trade and
Plantations. (Abstract of letter not preserved in inward Letter
Book C.O. 37, 9, nor entered in Entry Book, 38, 7.). He arrived at
Bermuda, Nov. 12th, and had his Commission read etc. the 14th.
He's sorry he can't send a more gratefull accot. of the Island,
which, however, he has taken care to have correct. Not a penny
in the Treasury, but between 800 or 1,000l. debt due to particular
persons. No acct. yet how things came to this pass. The Island
in no condition to raise such a sum and defray the usual charge
of the Government. 'Tis unlucky the Island should be now so
exhausted, because of the great damages lately done by 2
hurricanes which he particularizes. The Assembly to sit in Jan.
He'll lay before them and give accot. what they do on the state of
the Island. But one Chancery cause tryed for several years.
All the troublesome business left to him by his predecessor, but
the profitable taken care of. He'll dispatch what causes are
depending. Persons avoid being of the Council—the reason—.
Inconvenience thereof. Very little current cash there. As to
other riches, such as houses, slaves, etc., they are in a passable
condition with neighbouring colonies. Scarcity of coin will make
the clearing incumbrances difficult and the fortifications and
publick edifices consequently ruinous. He'll be dilligent in his
duty. The Assembly's strange proceedings abt. their own
members. Mr. Dickinson excluded the last, only for being
ungrateful to the then Governor, etc., and upon a re-election
refused to admit him, burnt his picture, etc., without any crime
laid to his charge. Out of abt. 200l. appropriated for a Governor's
house, they voted 150l. to Sir John Bennet for secret service, which
appeared to be Jones's prosecution. This was a breach of their
trust upon which he begs speedy directions. His instructions
about presents entred in the Council Books. [C.O. 37, 24. pp. 1,
2.] |
Jan. 7.
Whitehall. |
541. Mr. Popple to Mr. Carkesse. Reply to Dec. 31st.
Encloses copy of representation from the Council of Virginia,
relating to the decay of the tobacco trade. (v. Sept. 14, 1713).
1 p. [C.O. 5, 1335. No. 186; and 5, 1364. p. 16.] |
Jan. 8.
Whitehall. |
542. Council of Trade and Plantations to the Lord High
Treasurer. Enclose Lt. Governor Spotswood's request for leave
to exchange a piece of land etc. (v. June 30, 1713). This exchange
will be an advantage to the Governor, and no disservice to H.M.,
provided care be taken that the equivalent to be given to Col.
Ludwell do not exceed the value of the lands he shall make over
to the Governor, and we conceive it may not be improper the same
be referred to Col. Nicholson. 2¾ pp. [C.O. 5, 1335. No. 187;
and 5, 1364. pp. 19–21.] |
Jan. 8.
Whitehall. |
543. Council of Trade and Plantations to the Lord High
Treasurer. We find the allegations in Col. Philip Lundwell's
petition (v. Dec. 4, 1713) to be true. And we have no objection
why H.M. may not direct Col. Spotswood to allow the pavment of
£250 accordingly. 2 pp. [C.O. 5, 1335. No. 188; and 5, 1364.
p. 22.] |
Jan. 9.
Bermuda. |
544. Lt. Governor Pulleine to the Council of Trade and
Plantations. I am extreamly sorry for ye occasion of troubling
you again, by this conveyance, but ye cas is so urgent in it's
nature, and pernieious in it's consequence, that I can't in duty
avoid it, etc. The Spaniards, from several of ye ports, here in ye
North Seas, arm out sloops with commissions to seize all English
vessels in which they find, any Spanish money (even to ye value of
but ten peices of eight), any salt, cacao, or hides, for wch. reasons
any vessels that trade in these parts, from port to port, are
certainly prizes, if they can overpower them, having one or other
of these commoditys always aboard 'em. This Island has already
had three vessels thus taken, since ye Peace, and they even
apprehend their total ruin, if your Ldships. don't interfere, by our
Embassadour, at ye Court of Spain, to gain them reparation, and
that, very suddenly: For, we know not what remedy to apply
against people, that make daily captures of us, in ye midst of a
Peace newly concluded; for which reason, we might hope, it
wou'd have been better observ'd. I most humbly entreat your
Lordships to let me hear something encourageing from you on this
head, to keep this poor Island from desponding; for they are in
ye uttmost consternation. Refers to enclusure, the rest haveing
not given in their complaints: but I expect it from them daily.
I hear likewise, of several other vessels taken belonging to other
collonys; but that being no business of mine, shall say nothing
further to it, etc. P.S. Since my concludeing this letter, one
Mr. Jones has brought the enclosed complaint, etc. I am afraid
if some speedy care be not taken; your Lships. will have frequent
occasions of being teaz'd with things of this kind, to ye great
sorrow of H.M. subjects here. Signed, Henry Pulleine. Endorsed,
Recd. 22nd, Read 23rd Feb. 1713/14. 2 pp. Enclosed, |
|
544. i. Deposition of Samuel Sherlock, master of the Samuels
sloop of Bermuda, owned by Samuel Smith and Samuel
Sherlock, and Bermuda built. May last deponent
sailed from the Port of Pensilvania for Crooked Island
in the West Indies. About three leagues distance from
the same, he was seized as prize by a Spanish privateer,
Lewis Martell, commander, who said he had a commission
from the Governor of Snt. Tiago (being on the Island
of Cubia) to take all vessells that had braseletta, logwood
and salt. The Samuells had a cargo of 700 bushels
of salt, etc. Signed, Saml. Sherlock. Bermuda, Jan.
4, 1713/14. Same endorsement. Sealed. 1 p. |
|
544. ii. (a) Deposition of Francis Jones, of Bermuda, merchant.
Jan. 11th, 1713(–14). The sloop Swan belonging to
deponent and Thomas Jones sailed in Sept. for St.
Thomas, Curacao and Bonaire, and was taken off
Bonaire, Oct. 18th, last, with cocoa on board. |
|
544. ii. (b) Deposition of John Williams, mariner, of Bermuda.
Jan. 9, 1713/14. The sloop Swan whilst riding at anchor in
the Rode of Bonaire (an island belonging to the States
General of the United Provinces) where she intended
to take in salt, was seized by a sloop under Spanish
colours, the masters and mariners whereof pretended
that they had a commission from the Govermt. of
Porto Rico, but that they had lost the same. The Swan
was carried to Porto Rico and condemned as prize.
The master and mariners pretended to justify their
seizure for this cause only, that she had on board 7 bags
of cocoa nuts (taken on board at Curacao), etc. Signed,
John Williams. The whole endorsed as preceding. 4 pp.
[C.O. 37, 9. Nos. 27, 27 i., ii.; and (without enclosures)
38, 7. pp. 185–188.] |
Jan. 10.
Windsor Castle. |
545. The Queen to Governor Lowther. Recalling him from
the Government of Barbadoes. Countersigned, Bolingbroke.
This letter was cancelled. v. Feb. 7th. [C.O. 324, 33. pp. 20,
21.] |
Jan. 11.
Queen's Bench. |
546. Jeronimy Clifford to Mr. Popple. Enquires result of
his letter of Dec. 29, etc. Signed, Jer. Clifford. Endorsed,
Recd. 12th Jan., Read 14th April, 1714. Addressed. ½ p. [C.O.
388, 76. No. 165.] |
Jan. 12.
Whitehall. |
547. Council of Trade and Plantations to Lord Bolingbroke.
Enclose following. We are preparing the necessary Instructions,
etc. Annexed, |
|
547. i. Draught of Commission for John Hart to be Governor
of Maryland. In the usual form. [C.O. 5, 727. pp.
340–361.] |
Jan. 14.
Whitehall. |
548. Mr. Popple to Lt. Governor Spotswood. Acknowledges
letters of June 30, Aug. 17, Sept. 14, and Nov 16, 1713. The
multiplicity of business now before their Lordships prevents
their answering by this conveyance, however they intend to
do it as soon as possible. In the mean while I have only time to
acquaint you that their Lordships have made reports, upon your
desire of exchanging lands, etc. (v. Jan. 8). Your letter with a
representation from the Council of Virginia, relating to the
tobacco trade, (r. Sept. 14, 1713), will be considered, and I
doubt not but such remedies will be proposed as ye nature of
the thing does require. 2 pp. [C.O. 5, 1335. No. 189; and
5, 1364. p. 23.] |
Jan. 14.
Whitehall. |
549. W. Popple to Governor Hunter. Acknowledges letters
of July 18 and Sept. 10. Continues:— The great hurry of business
their Lordships have had since the Peace (and which is not yet
over) renders it impossible for them to answer your said letters
by this conveyance; they intend to do it therefore by the first
opportunity. I will not fail to lay before them the several
particulars you write me, and I doubt not but they will represent
the same as you desire to her Majesty. I hope, the Bill to settle
the Revenue at New York, will pass this session, whereby you will
be made more easy, and that people more sensible of their duty
to H.M. It was ordered to be done the last year, but there was
not then time for it. [C.O. 5, 1123. pp. 134, 135.] |
Jan. 14.
Whitehall. |
550. Mr. Popple to Governor Dudley. Acknowledges letters
of Aug. 24th, 25th, 1713. Repeats first sentence of preceding.
[C.O. 5, 913. p. 462.] |
Jan. 15.
Annapolis Royall. |
551. Capt. Aldridge to Col. Nicholson. We arrived here 19th
Dec., etc. Lt. Govr. Caulfeild continues to act according to your
Exey's instructions which will be much for ye King's interest
and ours etc. Our companys have all taken ye oaths to King
George without the least hestitation, the French inhabitants have
every man refused it. Your Excy's. notions of them is very
just for they are a pack of notorious villains in genll. and not to be
trusted if they had taken five thousand oaths. Our men are all
in perfect health, which is a very great blessing we having not
so much as a plaister for a cutt finger in ye garrison which I
hope your Exey. will remember, etc. Signed, Chris. Aldridge.
Endorsed, Recd. 6th June, Read 6th Sept. 1715. Copy. ¾ p.
[C.O. 217, 2. No. 7.] |
Jan. 15.
Whitehall. |
552. Mr. Secretary Bromley to the Council of Trade and
Plantations. Encloses following for their report. Signed, W.
Bromley. Endorsed, Recd. 18th, Read 21st Jan. 1713/14. 1 p.
Enclosed, |
|
552. i. Envoy of Holland to the Queen. London, Jan. 14/25, 17 13/14.
Repeats petition concerning the estate of Williamina
Kupius (v. Oct. 1st). Signed, M. Van Borssele, Van
der Hooghe. French. 2¾ pp. |
|
552. ii. English version of preceding. [C.O. 137, 10. Nos.
30, 36 i., ii.; and 138, 14. pp. 63–65.] |
Jan. 15.
Whitehall. |
553. Council of Trade and Plantations to the Queen. Representation upon laws of Pennsylvania 1708–1712. We concur
with the (annexed) objections of Mr. Solicitor General (v. Dec. 22,
1713), and humbly offer that your Majesty be pleased to signify
your disallowance of the laws therein mentioned, etc. As to the
other laws, the titles whereof are likewise hereunto annexed, we
have no objections against them; so that in case your Majesty
do not see cause within six months from their being now delivered
to your Majesty's Privy Council to repeal any of them, they will
remain in full force, pursuant to the Charter of Propriety granted
to Wm. Penn. Upon this occasion we humbly take leave to
represent that by the said charter, Mr. Penn is impowered
with the advice of the Freemen of Pensylvania or their delegates
in General Assembly, to enact laws for the good of the said
Province, provided such laws be not repugnant but, so far as
conveniently may be, agreeable to the laws of this Kingdom
and that a transcript of such laws be within five years after the
making thereof delivered to your Majesty's Privy Council, and
if any of the said laws within the space of six months after they
shall be so delivered as aforesaid be declared by your Majesty
to be void, the said laws shall henceforth become null and void
accordingly, otherwise to remain in full force. This we think
to be unreasonable, that Mr. Penn should have five years time to
lay his laws before your Majesty and your Majesty but six months
to consider thereof; for it may so happen as in the case of the
collection of laws passed in Pensylvania in 1705, that so great a
number of laws may at one time be transmitted, as that it will
be difficult, if not impossible, considering the other business that
may intervene, to examine the same as they ought to be. We
take leave to represent another ill consequence of that clause in
the said charter, which is, that temporary laws, prejudicial to the
trade of your Majesty's other subjects, may be enacted there
which will expire before Mr. Penn is obliged to lay the same before
your Majesty, as particularly in the present case the Act for
laying a duty on negroes, wine, rum and other spirits, cyder and
vessels, pass'd in Feb. 1710, lays a duty of 9d. per ton on all
ships coming thither, except such as are owned by the inhabitants
of that Province etc., which we think very unreasonable and a
burthen on the trade and navigation of this Kingdom. This
Act will expire the 10th of March next, and was not delivered to
us till the 22nd of July last, so that before the Signifycation of
your Majesty's disallowance thereof, they may re-enact the same
again, and by keeping it till near the time of expiration they may
in effect evade your Majesty's right of repealing such laws as may
be prejudicial to your Majesty's intrest or the trade of your
Majesty's subjects. [C.O. 5, 1292. pp. 408–411.] |
Jan. 15.
Whitehall. |
554. Council of Trade and Plantations to Lord Bolingbroke.
Enclose following. Annexed, |
|
554. i. Same to the Queen. After stating the case relating to
Spaniards seizing H.M. subjects in gathering salt at
Tertudos, (v. Sept. 24 and Dec. 3, 1713), continue:—Your Majesty's subjects have from the first settlement of
the continent of America, had a free access to this
Island, and have without interruption, unless in time of
war, used to take what salt they pleased there, and we
have proofs of that usage, for above 50 years, as appears
by certificates of persons who have been imployed in
that trade. It does not appear to us, upon the strictest
enquiry, that the Spaniards ever inhabited or settled on
the said Island, nor is it probable they ever did, it being
all either barren rock or dry sand, and having no fresh
water or provisions on it. We take leave to lay before
your Majesty, the consequence of your Majesty's subjects
being prohibited to fetch salt at Tertudos, wch. will
in part appear from the number of ships using that
trade, being as we are informed, one year with another
about 100 sail. The salt carryed from thence to New
England, is used cheifly for curing fish, which is either
cadelscale fish or mackrel, the former of which is the
principal branch of the returns made from the continent
of Great Brittain by way of Spain, Portugal and the
Streights, for the woollen and other goods sent from
this Kingdom thither; besides which the scale fish and
mackrell are of such consequence, that the sugar
islands cannot subsist without it; their negroes being
cheifly supported by this fish. So that if they were not
supply'd therewith from New England (which they
cannot be, if your Majesty's subjects are prohibitted
getting salt at Tertudos) they would not be able to
carry on their sugar works. This has been confirmed
to us by several considerable planters concerned in those
parts. Upon the whole your Majesty's subjects having
enjoyed uninterrupted usage of gathering salt at
Tertudos ever since the first settlement of the continent
as before sd., we humbly submit to your Majesty the
consequence of preserving that usage and right, upon
which the trade of your Majesty's Plantations so much
depends. [C.O. 5, 913. pp. 463–467.] |
| Jan. 15. |
555. Petition of Sir Thomas Laurence to the Council of Trade
and Plantations. Prays that an Instruction may be given to
Governor Hart to cause restitution to be made of all the perquisites formerly belonging to and taken away from the office
of the Secretary of Maryland, etc. Signed, Thomas Laurence.
Endorsed, Recd. 14th, Read 21st Jan. 1713/14. 1½ pp. [C.O. 5,
717. No. 55.] |
Jan. 17.
Windsor. |
556. Order of Queen in Council. Approving draught of
Commission (v. Jan. 12) for Governor Hart. Signed, Edward
Southwell. Endorsed, Recd, 15th March, 1713/14, Read 4th March,
1714/15. 1 p. [C.O. 5, 717. No. 63; and 5, 189. p. 102 a.] |
Jan. 19.
Whitehall. |
557. Council of Trade and Plantations to Lord Bolingbroke.
Enclose Mr. Cumings' letter concerning Newfoundland, Dec. 11,
1713, for H.M. pleasure thereupon. [C.O. 195, 5. p. 324.] |
Jan. 20.
Whitehall. |
558. Council of Trade and Plantations to the Lord High
Treasurer. Request payment of enclosed account of office
expenses and two quarters salaries due Christmas, 1713. [C.O.
389, 37. pp. 65–67.] |
| [Jan. 21.] |
559. William Heysham to the Council of Trade and Plantations. Prays that the Act of Barbados, 1713, relating to the
Three Houses spring in the parish of St. Phillips (a rivulet that
had been turned out of its proper course for private advantage
to the damage of the inhabitants) may be submitted for H.M.
approbation, etc. Signed, Wm. Heysham. Endorsed, Recd.
Read Jan. 21, 1714. 1 p. [C.O. 28, 14. No. 10; and 29, 13.
pp. 84, 85.] |
Jan. 21.
Whitehall. |
560. Mr. Popple to Col. Cleland. Appointing Tuesday for
the hearing of his objections to the Act of Barbadoes relating to
the Three Houses Spring. [C.O. 29, 13. pp. 85, 86.] |
Jan. 21.
Whitehall. |
561. Mr. Popple to John Thurston. Thursday is appointed
for the consideration of Mr. Swymmer's petition, etc. [C.O. 138,
14. p. 66.] |
Jan. 21.
Whitehall. |
562. Lord Bolingbroke to the Lord High Treasurer. Encloses
following, received from the Board of Trade. Signed, Bolingbroke.
Annexed, |
|
562. i. Duplicate of No. 521. [C.O. 324, 33. pp. 21–28.] |
| Jan. 24. |
563. H.M. Commission to John Hart to be Governor of
Maryland. Countersigned, Bolingbroke. [C.O. 5, 189. pp. 103–119.] |
Jan. 25.
Treary. Chambers. |
564. Mr. Lowndes to the Council of Trade and Plantations.
The Lord High Treasurer desires to know if you have any objection
to the granting of the following request, etc. Signed, Wm.
Lowndes. Endorsed, Recd. 28th, Read 29th Jan., 1713/14.
Addressed. ½ p. Enclosed, |
|
564. i. Petition of William Byrd to the Lord High Treasurer.
Desires leave of absence from his post as H.M. Receiver
General in Virginia, to transact private affairs in England, leaving a deputy in the meantime. Endorsed,
15th Jan. 1713/14. ½ p. [C.O. 5, 1316. Nos. 103, 103 i.;
and 5, 1364. pp. 25, 26.] |
Jan. 25.
Lisbon. |
565. Lt. Governor Moody to Lord Bolingbroke (v. Feb. 16,
1714). Acknowledges letter of Dec. 1st. Continues:— I will do
everything I am commanded for taking possession of that important
fortress (Placentia), and the Dominions belonging to it, which will
put it in the power of British subjects only to furnish all Europe
with dry fish, a scheme for wch. purpose, I shall beg leave in due
time to trouble your Lordships with. I humbly offer my opinion
to your Lordship, what instructions may at present be proper for
me to have for the further security and improvement of Placentia
and its dependances, which for its intrinsick value, and utility for
trade, and the protection and assistance which it is able to give
to our foreign commerce in distress exceeds all the ports in
America. (1) That I may be impowered to send a party of officers
and soldiers to any part of New foundland for the defence and
security thereof as occasion requires. (2) That I may have the
usuall Instructions which are given to Governors of other ports
relating to pirates, and other enemys. (3) To be impowered to
hold a Court Martial and condemn according to the Articles of
Warr. (4) To be authorized to command the inhabitants to
joine with the soldiers upon any invasion of pirates, or other
enemies, for the publick safety, and to employ them at convenient
times, when the fishing season is over in felling of timber and
pallisades for building of a large fort upon the most convenient
part behind the Grand Beach for the security of their families
and effects, into which, they may at any time repair in time of
danger, for they live now in a scattered manner, too much exposed
to the Indian parties from Canada etc. and pirates. With these
authorities, I shall be the better enabled to defend the inhabitants
and emprove the trade of Placentia, which nothing will incourage
so much as their being secured from invasion and insults, etc.
I sent from hence Dec. 25, inclosed to your Lop., two memorials
to the most Honble the Ld. High Treasurer, relating to a supply
of beer and subsistance for the garrison against our arrival at
Placentia, without which their sufferings will bee too great
to be surmounted, for the last year's subsistance will be expended
the 25th of April next, and the garrison cannot live in Newfoundland without some other drinkable besides water, altho', I have
hitherto kept them in temper wth. that only, and the expectation
of their recieving H.M. usuall allowance for beer, in mony for
the time past, as is the custom upon such occasions, etc. Signed,
J. Moody. Endorsed, Recd. 16th, Read 17th Feb., 17 13/14. 3 pp.
[C.O. 194, 5. No. 33.] |
| [Jan. 26.] |
566. Petition of merchants in London, creditors of Thomas
Finch of Jamaica, to the Council of Trade and Plantations, against
the confirmation of the Act to vest Finch's estate in trustees etc.
The aim of it is to prefer one creditor in Jamaica over petitioners
here, and therefore unprecedented and totally destructive of
trade. Signed, Leonard Compere. Endorsed, Recd. Read 26th
Jan., 17 13/14. 1 p. [C.O. 137, 10. No. 37.] |
| [Jan. 29.] |
567. Address of the Assembly of Maryland to the Queen.
Refer to Address of Dec. 1708 relating to Sir Thomas Laurence's
complaint, of which no notice is taken in the representation of
the Council of Trade and Plantations, March 30, 1710, nor can
we understand by it nor by your Royal Letter to the President
of the Council here, that it has ever reached your sacred ear.
Repeat gist of it, relating to the office of Secretary and the vesting
of ordinary licences therein, quoting laws of 1662, 1678, 1692
and 1694. We have not found any other than temporary laws that
ever gave those fines to the Secretary, except that of 1695, which
was intended to be temporary etc., but the clause that should
have made it so was omitted. The fine imposed on ordinary
keepers in 1692 was temporary and for the better regulation of
ordinaries and for limiting their number. We presume no officer
can pretend a right to a perpetual certain estate in a thing which,
in itself, is so uncertain. By the Act of 1704 it plainly appears
to be the sense of the Province, that the business of ordinary
keepers was so far decayed, that they could not bear so large
fines, which were therefore reduced from 2000 to 1200lb. of
tobacco, but now so unhappy are our circumstances, by the
misfortunes we have suffered in our tobacco trade, (which is the
life of all business amongst us) that we find it would be more
necessary to make an Act to encourage people to keep ordinaries,
as the first Act was, than to impose a fine upon those that do; for
even now at some of our County Court houses, there is not one
house of publick entertainment to be found, where multitudes of
people are obliged frequently to resort for publick justice, and
where formerly, there have been several such houses at once,
so that now those that are obliged to attend there, must either
suffer hardships themselves for want of entertainment, or be
burthensome to the neighbouring inhabitants, who being scarcely
able to bear their own burthens, are frequently ruined by giving
too large entertainments. In the Act past in 1695 it was enacted,
that every ordinary keeper, that kept ordinary at any County
Court house or at the Port of Annapolis, should provide and
maintain twelve good substantiall beds, besides what was for
their own families' use, and if at any part of the country, six good
spare beds, as before, under penalty of 5000lb. of tobacco etc.,
but now ordinary keeping, by the change of times, is become so
unprofitable an employment, that most have left it off in time,
some can't keep a bed for themselves to lye on, others are run
away in debt and the best can scarce preserve their credit, so
that, if that Act were now in force, we should scarce have one
ordinary keeper in the whole Province that could comply with
such a law. And we dare presume your [Majesty] would not
deny us the liberty of altering such a law, lest the forfeitures
therein should miss the Exchequer; neitheir, as we hope, will
your Majesty oblige us to continue such a law, so much to the
prejudice of the countrey, lest Sir Thomas Laurence should loose
his perquisite. Those fines, when paid, were not certainly
annext as a perquisite to any one particular office, or appropriated
continually to one and the same person's or officer's use, but as
the fine itself, so the application of it, was subject to alteration,
etc. Sir T. Laurence could have no other title to them than
what was consistent with their essence, which only depended on
their being serviceable to ordinary keepers, and therefore he could
not expect them longer than they served that end or had their
being, nor so, but that if the consideration on which he had them
was extinguisht or satisfy'd, they might have been disposed of
otherwise, or given to some more deserving person, or at least
have been refused to those that the Province thought deserved
them not. Sir Thomas has not deserved those fines of late had
they been continued on the ordinary keepers. We have long
forborn to make our just complaints against him, lest they should
be censured as the effects of disrespect. We are now obliged to
make them in our own defence, etc. Although he has the benefit
of the fees for searching the records in his office, yet he has suffered
so many of the record books to be so long used without causing
them to be transcribed that some parts of them where the rights
of sundry people's estates have been recorded are wholly lost and
worn out, and others the province have been forced to be at great
charges to get transcrib'd to prevent them from the like fate.
And now we find that those records which principally concern
all the real estates in Maryland are in so dangerous and moultering
a condition that 'tis not less than 150,000lb. of tobacco will
preserve them. And we find that the Secretary's providing
insufficient books for records is one great cause of such loss and
charge. Sir T. Laurence has in his choice of Clerks of the several
Courts, most commonly appointed such as would serve him at the
cheapest rate, without regard to their capacities or merit, some of
which have left sundry judgements and other matters of great
concern to the inhabitants, which ought to have been entered,
wholly neglected to the great loss of those concerned therewith;
and when the parties griev'd seek redress, they find no security
from Sir Thomas here to have recourse to, Sir Thomas having
taken advantage of H.M. Order in Council, March 2, 1692/3 that his
own personal security should be taken for the due execution of
his office, tho' then by his commission he was obliged to reside
amongst us, and likewise of your Majesty's Royal Letter of Lycence
that he might hold the said office, tho' absent, and exercise the
same by deputy, has transported himself from us, so that now we
have no other security from him, for the preservation of both
our real and personal estates which mostly depend upon the
records in his office, than his own person, and that beyond our
reach. He has leave by H.M. Order in Council, Dec. 21, 1691,
in consideration that he was to give security for the good
behaviour of the Clerks of the several County Courts to receive
yearly from such Clerks a tenth part of a year's value of each
Clerk's place, the said value to be estimated by the Governor
and Council here, and thereupon Sir Thomas, without giving such
security for the behaviour of said Clerks, and without having the
yearly value of such places estimated as directed exacts considerable sums of the said County Clerks, on pretence that their
tenths are due to him; tho' he never complyed with the condition
of their being granted to him. And at this day, by himself or
his deputy, receives more than one third of the yearly proffits
from some of them. Contrary as we beleive, to the true intent
of your Majesty's Royal Letter of Lycence to him, he has rented
out his office here against the form (as we take it) of the statute of
5th of Edward VIth against buying and selling of offices. He
appoints the Clerks of the several County Courts to hold their
offices only during pleasure, and turns them out as he or his
deputy thinks fitt, without shewing to the Courts wherein they
serve any cause for his so doing, imposing upon the Courts
unskilfull clerks that pay large sums for their commissions, and
turning out those of more experience. The Journals and
proceedings of the General Assembly lodged in his office are not
taken due care of, most of them impair'd, and many of them lost.
We confess some of these particulars have happened since the
alteration of that law for ordinary keepers, and therefore could
not be the cause of it. But as we thought we had sufficient
reason to lessen those fines and to apply those that were, towards
the releife of the country under its sinking circumstances; and
that the care of our records had been much neglected by Sir. T
Laurence, who had the sole benefit of them, tho' we bear the
burthen, and paid for their transcribing and amendment, we
thought our application of those fines to the publick use but
reasonable, that it might in some measure make amends for the
damages received by Sir Tho. Laurence's male-execution of his
office. And tho' the later passages which relate to his farming
his said office could not be the cause of altering those fines, yet
the observation of them does the more confirm us, that Sir T.
Laurence is now the less deserving of them. We further beg leave
to observe that, when those fines were first given to Sir Thomas,
the circumstances of the Province were much better, than they
are now, but the perquisits of his office amounted not to near the
annuall value that now they do; that therefore finding the
province wanted them more, and his office less, than when at
first granted, 'twas thought unreasonable that they should be
continued longer to him after such an alteration of circumstances;
being but at first given by a voluntary Act without any valuable
consideration for so doing. We are very sensible of the advantage
he has over us, by being always ready to answer our allegations
against him, whilst we being a distance, having never heard the
particulars of his complaint against us, lye under a necessity of
answering. We find his pretentions much more strait upon us
than any other we have had to do with. Upon granting a duty
of 3d. per hhd. on tobacco to Col. Blackeston as Governor for a
gratuity, his successor, Col. Seymour never pretended to it as a
debt from the country to the government, but allowed it to be in
the breast of the countrey, with the consent of your Majesty's
Viceregent here, either to give or withhold it, tho' the very end
of the imposition was to raise a revenue to which your Majesty's
Instructions against the making of presents was agreable. But
we find because Sir Thomas had those fines given him as a gratuity,
which were only accidentaly useful to the regulating ordinaries
as the cheif end of imposing them, and not laid for the sake of
advancing any revenue, he seems to expect that his profits should
be lookt upon as the whole end of laying them, and that the
voluntary grant of them for once to him, shou'd immediatly
become a perpetual obligation on us. There was no valuable
consideration from him for the disposing of those fines to Sir
Thomas, etc. We are sorry to find that Sir Tho. Laurence made
an untrue allegation against Governor Seymour (as appears by
the remarks of the Lords of Trade, 1710) having some reason to
fear he may make more bold in using us after the like manner.
We humbly propose as a barrier against such unfair usage, that
your Majesty would be graciously pleased, from time to time, to
give orders that the particulars of his complaints and allegations
may be communicated to us. We shall be at all times ready to
make appear the truth of what we have herein alledged etc., and
hope that no allegations may be received against us, but such as
shall be likewise proved. By this means we hope to preserve the
character of dutifull and loyal subjects. Upon the whole, unless
Sir Thomas can prove a better right to his pretentions than
yet he has done, we do not think he ought to have them ratifyed.
We shall always pay a strict regard to your Majesty's royall
commands, and if commanded to gratify Sir Thomas in this
behalf, we must and will passively submitt, but can never
dissemble so with your Majesty, as to pretend an active free
consent to any law for that which in the eyes of all your subjects
here, seems but a burthen and unreasonable, etc., etc. Signed,
R. Ungle, Speaker, and 41 others. (Cf. Nov. 20, 1713). Endorsed,
Recd. 29th Jan. 1713/14. 25 pp. [C.O. 5, 717. No. 56.] |
Jan. 29.
Whitehall. |
568. Council of Trade and Plantations to Lord Bolingbroke.
Enclose following. Annexed, |
|
568. i. Instructions for John Hart, Governor of Maryland.
In usual form, but " omitting such clauses as were proper
only daring the war." [C.O. 5, 727. pp. 362–435.] |
Jan. 31.
Windsor Castle. |
569. H.M. Warrant to Mr. Attorney or Solicitor General,
to prepare a Bill for H.M. signature appointing Edward Perrie,
Clerk of the Navy Office in the Leeward Islands, with a clause
obliging him to reside there. Countersigned, Bolingbroke. [C.O.
324, 33. pp. 28–30.] |
| Jan. 31. |
570. Order of Queen in Council. Approving Instructions
of Governor Hart. Signed, Edward Southwell. Endorsed, Recd.
15th March 1713/14, Read 4th March, 1714/15. 1 p. [C.O. 5, 717.
No. 64.] |
