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July 1.
Barbados. |
711. President Sharpe to Lord Bolingbroke. Refers to
letter of June 14. On the 17th June I review'd all the forces of
the Island in two bodys; the eight following days I spent in
visiting the fortifications; but forts and forces were in a miserable
condition; particulars of which I will lay before your Lordship,
as soon as the same are return'd to me, etc. Before, and in this
progress, I had opportunitys of making my observations of the
tempers of the gentlemen who have been so divided; I found
those displac'd by Mr. Lowther, tho' in number, fortunes, and
education they very much exceed those he thought fitt to employ,
willing in earnest to come to a thorough reconciliation; on the
other hand, those he left in power, at best cold, would talk of being
reconcil'd, but on no other termes than engrossing all the favour
of the Government; tho' not to mèe, yet where they would be
free, one and all was their word; remove one, and all would
resent it; indeed, I must do Mr. Frere this justice, that he
frankly told myself, a reconciliation could not be; and to others
his discourse is that Mr. Lowther's friends must not be touched.
Only Mr. Horne very handsomly declared he would do anything
to put an end to party. However, my Lord, I neither was, nor
am yet discouraged from persuing that view still further; and
therefore as the leeward troops and forts appeared much worse
than the windward, tho' they were too bad, I have determined
to put those troops and forts into better hands; the other I
will yet keep in the hands they are, in hopes of bringing them to a
good temper, and therefore I omitted mentioning their ill condition
in my speech to the Council upon my return (copy enclosed),
to try if by such gentle useage I could work upon them. By this
regulation, the militia which consists of eight regiments, two of
horse, and six of foot, beside the troop of guards, will be in
the hands of men of best estates; four of them commanded by Mr.
Frere, Mr. Maxwell, Mr. Hallett, and Mr. Horne, whom Mr.
Lowther left at their head with the chief military commands, the
three first as General Officers, whom I shall continue unless by
their future ill behaviour they compell me to remove them; the
other four regiments I shall not dispose of till next Tuesday;
so many worthy gentlemen having been formerly displaced, that
I have not yet determined which of them to place in those
commands; but by that time, I shall. Amongst the Colonels
I shall displace, Mr. Maycock will be one; a person whose conduct
in the Treasury has ruined the publick credit. Against this
gentleman Mr. Perry, the Surveyor General of H.M. Customs
here, has presented me a memorial, supported by many affidavits,
setting forth a great many violences he has been guilty of against
the officers of the Customs, which I have referred to Mr. Carter,
H.M. Attorney General, that proper redress may be given.
Your Lordship will observe from the inclosed speech to the Council
that Judge Carter living in the precincts of St. James and St.
Thomas, he could not by H.M. Order made in the case of Bently
and Downes be judge of that Court; neither for the same reason
could Mr. Vaughan be Judge of St. Andrew's and St. Joseph's
Court; Judge Alleyne was removed from the Bridge Court by
Mr. Lowther, without consent of Counsel; and though he pretended to give him a hearing, he refused to let his witnesses be
examined, under a pretence that they were to disprove a record;
the pretended record was private orders made upon petitions
out of Court in relation to irregular proceedings upon executions,
which orders his witnesses were to prove were made by consent
of partys; the first I humbly hope your Lordship will think was
arbitrary, being contrary to H.M. Instructions, which make the
consent of the Council necessary on such occasions, and the last,
unjust. I could, my Lord, have given many other reasons for
displaceing the persons put in so irregularly by Mr. Lowther;
but this being of a harsher nature, and disobedience to H.M. Orders
being, in my judgement, an unanswerable one, I thought that the
properest, and therefore entered no other. Mr. Vaughan has
several causes depending against him in the Court of which he is
Judge, and besides is a very weak man; Mr. Carter and Mr.
Sutton, the other two, have been the greatest sticklers in the
Assembly against holding the late Court, and indeed all my other
measures, are two of the chief leaders of the irreconcileable men,
and the last of them especially concerned in many abuses under Mr.
Lowther. The conduct of the Assembly in relation to the Grand
Sessions. and their frequent neglecting to meet, notwithstanding
my orders, and the pressing occasions of the country, determined
me to part with them; and in my progress, finding the general
inclinations of the substantial inhabitants for a new election,
I intend to dissolve them in a few days. In all these things, my
Lord, I have the consent of the Council the 29th instant. Having
such good reasons for this proceeding, in my humble opinion, I
thought it more agreeable with my designs to calm men's tempers
as much as I can, to give them, rather than others, which tho'
as true, might be more severe. In all which I humbly hope I
shall be honoured with your Lordship's approbation, etc. During
my absence from Pilgrim upon the review, the publick prison was
broke open, and most of the prisoners escaped; This had been
prevented, had the Sessions held: The new Assembly I am
perswaded will consist of men more regardful of the publick good.
Refers to enclosure i. Pardon me, if I presume to hope some
censure will be thought proper to be past on such Counsellors, as
so openly joyned with Mr. Lowther in countenancing his disobedience to H.M. Orders dismissing him from the Government, and
honouring me with it as President; large accounts of which, with
duplicates, I troubled your Lordship with soon after my arrival
here; your Lordship will be pleased to consider should such a
conduct pass without some severe remark, it may be of ill consequence to this place. Mr. Salter, a worthy member of that
Board, is obliged for his health to go for London by this conveyance; I most humbly recommend him to your Lordship, etc.
P.S. The Peace between H.M. and the King of Spain has been
proclaimed here according to the orders I received, etc. Signed,
Wm. Sharpe. Endorsed, Rd. Sept. 13. 4 pp. Enclosed, |
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711. i. List of gentlemen proposed by President Sharpe for
vacancies in the Council of Barbadoes, June 1st, 1714.
(1) James Hannay, a very worthy gentleman of good
parts improved by a liberal education at Oxford, of
great prudence, resolution and integrity, and of a very
good estate. (2) George Walker, an ingenious discerning
gentleman, of very good parts, educated at Oxford, of
great prudence, courage and integrity, of one of the best
familys and estates in the Island. (3) Reynold Alleyne,
a very honest gentlemen of good sense and a very great
estate. (4) Thomas Beckles, a very good man, of good
sense, and a good estate. (5) Othniel Haggatt, an
honest gentleman of a discerning judgement and a very
good estate. (6) Joseph Salmon, a very worthy old
gentleman, of a general good character, and a very
plentiful estate. (7) Thomas Stewart, a gentleman of
good sense morals and estate, a considerable merchant.
(8) Henery Peerse, a gentleman of good sense, and a
great estate. (9) Abel Alleyne, an ingenious discerning
young gentleman of very good parts, educated at
Cambridge, of great prudence, courage and integrity,
son and heir apparent of one of the best and wealthiest
familys in the Island, and of a very good estate in
possession. (10) William Dottin, a gentleman of good
parts, improved by a liberal education at Oxford, and
of a very good estate. (11) John Rouse, an honest
gentleman of a very good estate. (12) Burch Hothersal,
a discerning young gentleman of one of the best estates
in the Island. 1¼ pp. |
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711. ii. Copy of H.M. Warrant to Governor Crowe for discharging Judge Downes. Aug. 20, 1709. |
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711. iii. Duplicate of No. 696 iii. |
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711. iv., v. Duplicates of No. 712 ii. [C.O. 28. 43. Nos. 90,
90 i.. ii.: and 28, 38. Nos. 89–95.] |
July 1.
Barbados. |
712. President Sharpe to the Council of Trade and Plantations. Duplicate of preceding letter. Endorsed, Recd. 27th
Aug., Read 8th Sept., 1714. Enclosed, |
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712. i., iii. Duplicate of No. 711 i., ii. |
|
712. ii. Copy of President Sharpe's speech to the Council of
Barbados, as to restoring Judge Alleyne, etc. Endorsed
as letter. 1½ pp. [C.O. 28, 14. Nos. 23, 23 i.–iii.; and
(without enclosures) 29, 13. pp. 114–125.] |
July 3.
Placentia. |
713. Lt. Governor Moody to [? Mr. Popple]. Nothing can
be more evident than this, that if I had not winked at the French
inhabitants catching of fish in Placentia this season (there being
no English inhabitants) Placentia would have been of no benefit
to the English and the six French ships who were here before I
arrived, and came to carry away the inhabitants' effects and
receive their debts, I have not suffered to fish, or to land any
goods since my arrival; here are also several other French
ships coming daily from France for wood and water for their
passage to Canada and Cape Briton, and I do not suffer them to
land any goods or to trade, having publickly forbid the same to
them, there is but one English vessell fishing here, and she so
very late and unprepared, that she cannot catch a quarter of her
loading, but at the same time there is severall sail of other English
ships, most of which are come empty to purchase fish by bill,
and many more expected as I foresaw, upon which I desire to
know, in case I had not winked at the French inhabitants fishing,
how any English ships could propose to have got any fish here this
year, without a miracle, and to give to the merchants of England
a demonstration of my conduct and care for their service and
benefit, I have by this means made the French inhabitants their
tools, not allowing them to sell their fish to the French ships as
they intended to do, under colour of paying their debts, but to the
English, neither shall the French ships load here with fish, so
that I have turn'd the tables upon the French designs of reaping
much benefit by fishing here this year, for their fish shall be
carried to market in English bottoms, which had I lett the French
inhabitants into my design at first, they would not have catch'd
a fish, neither would any of them have become subjects to Britain,
and all the English ships who are come hither for fish must
have gone away empty, to the unspeakable loss and disappointment of their owners, and I have judged it the properest time to
acquaint the French by public notice with my design in the
middle of the fishing season, that those who will not become
subjects, and swear allegiance to the Queen and Crown of Great
Britain, shall fish no more, which will oblige many of them to
become subjects to England, and by their labour the English
ships will be supply'd with fish which they could not possibly
have been by any other means there being no fish yet catched in
our old settlements. I am inform'd that there is three or four
French ships fishing in some by places about fifteen leagues from
this place, and I am now dispatching Captain Taverner away in
the transport ship I have detain'd for him in search of them,
and I send some soldiers with him, and I have ordered him to
demand of them by what authority they fish there, and to bring
the masters of the ships here to give me an account of their
doings; and I desire I may have Instructions how I am to act in
such cases, for I think it too desperate to seize their ships till I
have orders for it; I have proclaim'd the peace with Spain.
Signed, J. Moody. Endorsed, Recd. Read Aug. 13, 1714. 4¾ pp.
[C.O. 194, 5. No. 47; and 195, 5. pp. 397–400.] |
July 3.
Placentia. |
714. Lt. Governor Moody to the Council of Trade and
Plantations. Since I closed my letter of June 22. etc., I have
received your packett of Aprill 6th for proclaiming of the Peace
with Spain, from Capt. Taverner, and accordingly have proclaimed
the same in the best manner. Signed, J. Moody. Endorsed,
Recd. 5th, Read 26th Augt., 1714. 1 p. [C.O. 194, 5. No. 50:
and 195, 5. pp. 412, 413.] |
| July 7. |
715. Sir John Bennett to the Council of Trade and Plantations. On behalf of his brother, Capt. Bennett, renews his
application to the Board to recommend his case to the present
Governor of Bermuda, so that he may prevail with the Assembly
to pay the debts owed to him by the Island: Requests the Board
to send to Lt. Governor Pulleine a copy of their order for the
allowance to Capt. Bennett of halfe the profits of the offices to
Capt. Jones' deputys who did officiate for him. Jones does now
sue Capt. Bennett in Chancery before the present Governor
for the whole profits of his offices ever since his first suspension
suggesting that Capt. Bennett had received them, although he
did not, etc. Signed, Jo. Bennett. Endorsed, Recd. 8th July,
Read 30th Augt., 1714. 1½ pp. [C.O. 37, 9. No. 30.] |
July 10.
Whitehall. |
716. Lord Bolingbroke to the Council of Trade and Plantations. Refers following for their report. Continues:— It is
the Queen's pleasure that your Lordps. should give an account
of the advices you have concerning this matter, if you have
received any, that you should consider the nature of the traffick
complained of, state the obligations we are mutually under in
that respect by Treaty or otherwise, and report your opinion upon
the whole, that I may lay it before the Queen, and receive H.M.
commands for the direction of the Governors in those parts of the
West Indies. Signed, Bolingbroke. Endorsed, Recd. 10th,
Read 23rd July, 1714. 1½ pp. Enclosed, |
|
716. i. Extract of letter from Monsr. de Pontchartrain to Monsr.
d' Iberville. June 27. 1714. The King has been
inform'd that the Sieur Vanbroke (Vanbrugh),
Commander of the English ship the Sorlings, having
anchored at Martinico the 15th of March last upon
pretence of having a letter from the Governor of
Barbados to Monsr. de la Malmaison, who is commander
in chief of the French Windward Islands in the Governor
General's absence, the said Monsr. de la Malmaison
acquainted the Captain that he had the King's orders
not to suffer any foreign ship in the Roads longer than
two days except they should want assistance; that the
ship Sorlings being in a good condition, and in want of
nothing, he desir'd the Captain to take his measures
for returning back. He repeated the same several
times to the Captain who refused to sail away, and
remained there till the 9th of April contrary to Mr.de la
Malmaison's orders, who would not oblige him to do it
by force, to avoid breaking the good intelligence between
the two Crowns, tho' he knew that ship was there
only to carry on a private trade and to favour that of
several English barks, wch. coasted round the Island.
English ships and barks come every day to Martinico
loaded with goods, who desire leave to anchor there upon
sevl. pretences, and in the night time put on shoar the
goods and merchandizes with which they are loaden
contrary to the regulations and orders of his Maty.
by which all sorts of trade is forbid to foreigners in
his Colonies. Those prohibitions are reciprocal; and if
French ships should carry any goods into the English
Colonies they would be confiscated. As this trade of
the English in our Islands (which they are so fond of)
is very prejudicial to the French trade, his Maty. has
given orders to the Governors to cause all foreign ships
and barks, that shall come thither for the future, to be
seized and confiscated, and to prevent the disorders
wch. may thereby arise, his Maty. out of a good intention
to preserve the good Union, desires that you will inform
the Queen of Great Britain thereof, that H.M. may be
pleas'd to give her orders forbidding her subjects to
go with any ships or barks to the French Islands, and
that Capt. Vanbrok may be reprimanded for his proceeding at Martinico. 2¼ pp. [C.O. 388, 17. Nos. 32,
32 i.; and 389, 24. pp. 316–319.] |
July 11.
Annapolis. |
717. Governor Hart to Lord Bolingbroke. I did myselfe
the honour to write to your Lordship on my arrivall here, and then
acquainted your Lordship that the Assembly was to meete on
June 23rd, which they did—sate eleaven days made five laws and
then were prorogued to Oct. 5th. Refers to Journals for particulars.
I have renew'd the treatys of peace and amity with several
Indian Nations in H.M. name. The Indians are but few in
number, well inclin'd to the English; but their Emperour
Ashquas has left them and gone to the Northern Indians. I can't
learne the true reason of his departing from so many nations (or
rather familys) he commanded. But our Indian friends say it
was because he could not move them to make warr on the English,
and they are unanimous in their resolution never to receive him
nor any that are enemy to the English. There has no rain been
here since March 13th, (two small showers excepted) so that all
the tobacco is burnt up. by which H.M. will be a great looser in
the Revennue, and this Province become yet more miserable
than it now is; for the planters are all in debt to the mercht.,
and many for more than they are worth. I think it my duty to
acquaint your Lordp. that if some method be not taken to
encourage the planting tobacco, Great Brittain will in a few years
loose the benifit of that trade once so profitable to the Crowne.
For the inhabitants finding themselves dayly worse and worse
by making tobacco, they now raise stocks of cattle and sowe much
graine, for which they finde a ready markett to Jamaica, Barbados,
the Leeward Islands, and even in Portugall. And a further
mischiefe is that for want of a price for their tobacco, they are
fallen in the way of cloathing themselves (which formerly they
did from England) to the great detriment of ye woollen trade.
I cannot be so particular by this ship not being yet thoroughly
inform'd of the state of this province. Signed, Jo. Hart. 2 pp.
[C.O. 5, 720. No. 20.] |
July 12.
London. |
718. Earl of Orkney to Lord Guildford. Being informed that
Col. Frances Oldfeild is laitly come frome Jamaica with his
family who is one of the Councill there, I take the liberty to
recomend to yr. Lop. and the rest of the Lords. Doctor Richard
Tabor, minister of St. Cathrines the residence of the Governours
of that Island, a fellow of long standing in Oxford, a man of
learning and good life, to be put upon the Councill. I am told
that Col. Edmund Edlyne has been absent above these foure
years, soe that I beleeve it would be necessary to fill up his place.
I hear that Major John Ayscough formerly of the Councill desires
to return very soon, and hopes to be restored, I hear a very good
character of him, soe I wish your Lops. wou'd approve of him,
it's probable by the help of these Gentlemen the Govr. may be
enabled to serve H.M. more successfully, and be better able to
execute yr. Lops'. commands, which is the reason of my giving
your Lops. this trouble. Signed, Orkney. Endorsed, Recd.
Read 13th July, 1714. Holograph. 2 pp. [C.O. 137, 10. No.
54.] |
July 13.
Boston, N. England. |
719. Governor Dudley to the Council of Trade and Plantations. Encloses following, "whereby the thrifty expenditure of
H.M. stores will appear." Signed, J. Dudley. Endorsed, Recd.
1st Oct. 1714, Read 25th June, 1718. ¾ p. Enclosed, |
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719. i. Account of stores of war at Castle William, Boston,
24th June, 1714. Endorsed, Recd. 1st Oct. 1714. 1 p. |
|
719. ii. Account of stores of war at Fort Anne, Winter Island,
Salem, 24th June, 1714. Endorsed as preceding. 1 p. |
|
719. iii. Account of stores of war at Marblehead, 24th June,
1714. ¾ p. Same endorsement. ¾ p. |
|
719. iv. Account of powder expended at Marblehead, 24th
June, 1713–1714. Same endorsement. ½ p. |
|
719. v. Account of stores of war at Fort William and Mary in
Newhampre., 26th June, 1714. Same endorsement. 1 p. |
|
719. vi. Account of powder etc. expended and remaining in
New Hampshire, 24th June 1713—1714. Same endorsement. 2 pp. |
|
719. vii. Account of powder etc. expended at Castle William,
Boston 24th June, 1713—1714. Same endorsement.
1 p. [C.O. 5, 866. Nos. 154, 154 i.-vii.; and (without
enclosures) 5, 915. pp. 135, 136.] |
July 14.
Nevis. |
720. Lt. Governor Smith to [? the Earl of Dartmouth]. The
Most Christian King's Commander in Chief att Martinique having
refused to deliver the prisoners that Monsieur Deberville took
hence for hostages in Aprill 1706 without an order from the King
his master, I thought it my duty to acquaint your Lordship
thereof, and to enfold to you enclosed that they may be lay'd
before H.M. in Councill for tho' those poor gent. have now their
liberty to walk with a souldier yett they ar still kept from their
familys and estates to their own great loss and a severe charge
to this Island. May therefore your Lordship compassionate
their case and represent it to H.M., that some means may be
effectually used for their discharge. Signed, Dan. Smith.
Endorsed, Rd. 30th Aug. 1 p. Enclosed, |
|
720. i. Lt. Governor Smith to the Governor of Martinique.
Nevis, June 29, 1714. Demands release of the prisoners
from Nevis in accordance with the 23rd Article of the
Treaty of Peace, "I have sent up a sloop with money
for the discharge of their debts," etc. Signed, Dan.
Smith. Copy. 1 p. |
|
720. ii. M.de la Malmaison to Lt. Governor Smith. Fort Royal,
Martinique, July 10 (N.S.), 1714. Reply to preceding.
I cannot release these hostages until I receive orders
to do so from the King my master, following upon the
decision of the Commissaries now sitting at Basle, etc.
Signed, [S. de ?] Malmaison. French. 3 pp. [C.O.
184, 1. Nos. 30, 30 i., ii.] |
July 15.
Barbados. |
721. President Sharpe to Lord Bolingbroke. Encloses
following and Minutes of Council and Assembly of Barbados.
Signed, Wm. Sharpe. 1 p. Enclosed, |
|
721. i. Capt. Coward's receipt for above papers. Signed,
Edward Coward, July 15, 1714. 1 p. |
|
721. ii. Copies of Acts of Barbados, July 6, 1714, (a) to pay
public debt due to Dr. Patrick Home, (b) to John Sadlier.
4 pp. [C.O. 28, 38. Nos. 96, 96 i., ii.] |
July 16.
Whitehall. |
722. Mr. Popple to Mr. Attorney General. Presses for reply
to June 10. [C.O. 324, 10. p. 48.] |
July 16.
Whitehal. |
723. Council of Trade and Plantations to the Queen. Quote
Attorney General's opinion (June 8) upon Act of Jamaica for
the relief of the inhabitants of Kingston. We find by the Minutes
of Council of Jamaica, Feb. 17th last, that Council had been
heard for and against the Bill, before the passing thereof. We
have heard Sir Charles Orby against the Act and Col. Laws for
it by their Council. We take leave to report to your Majesty,
that some of the allegations mention'd in the Act have not been
made out; particularly it did not appear to us, but that Sir
W. Beeston had a right to dispose of the land between Harbour
Street and the sea. That the freehold was never out of Sir W.
Beeston, no conveyance to that purpose having been produced
to us, that the proclamation does not extend to a disclaimor of
Sir Willm's. title. And he having declined the agreement with
Mr. Laws in behalf of the Government for 1,000l., and sold only
particular lotts to private persons, it appears he had yet a good
title to all that was not expressed in those several agreements.
The persons building those houses and claiming under Sir William,
were not molested in ten years, nor even when the hurrican had
almost ruined them were they obstructed in the repairing them,
nor is any compensation given them by the Act. Had Sir
William had no right to build, these houses might have been
pulled down by order of the courts of law on equity, but no
suit hath ever been commenced concerning them. Neither hath
it been proved to us, that the said houses are any detriment to
the Town, convenient passages being left for the going to or
coming from the sea. For which reasons we humbly offer that
your Majesty be pleased to signify your disapprobation and
disallowance of the said Act. [C.O. 138, 14. pp. 138–144.] |
July 18.
Whitehall. |
724. [Memorandum of a letter from] Mr. Popple to Col.
Douglas and Col. Jory asking for their observations upon the
XIth Article of the Treaty with France, in relation to Montserrat
and Nevis. [C.O. 153, 12. p. 138.] |
July 20.
Whitehal. |
725. Council of Trade and Plantations to the Lord High
Treasurer. Request payment of enclosed account of office
expenses and salaries, Christmas, 1713—Midsummer, 1714. [C.O.
389, 37. pp. 75–78.] |
July 20.
Virginia. |
726. Lt. Governor Spotswood to the Council of Trade and
Plantations. Acknowledges letter of 6th April "with the Treatys
of Peace and Commerce which I have accordingly made publick.
It is with great satisfaction that I can acquaint your Lordps.
that this country enjoys a perfect Peace, and that even the Indians
since the last Treaty made with them have not offered the least
disturbance, notwithstanding the Tuscaruros induced thereto
(as they say) by the people of Carolina, have departed from the
agreement with this Government, and gone to settle once more
in that Province. I continue still resolved to settle out our
Tributary Indians as a guard to the frontiers; and in order to
supply that part which was to have been covered by the Tuscaruros, I have placed there a number of Protestant Germans, built
them a fort and furnish't it with two pieces of canon, and some
ammunition which will awe the stragling partys of Northern
Indians, and be a good barrier for all that part of the country.
These Germans were invited hither some years ago by the Baron
de Graffenried, who had H.M. letter to the Governor of Virginia
to furnish them with land upon their arrival. They are generally
such as have been imployed in their country as miners, and say
they are satisfyed there are divers kinds of minerals in those
upper parts of this country where they are settled, and even a
good apperance of silver oar, but that 'tis impossible for any
man to know whether those mines will turn to any account
without digging some depth in the earth, a liberty I shall not give
them untill I receive an answer to what I represented to your
Lordps. concerning the ascertaining H.M. share, which I hope
by your Lordps. interposition will be speedily signifyed." Refers
to enclosures, "upon which I shall only give your Lordps. the trouble
of one remark, that finding the Government of Carolina continuing
to make surveys within and even beyond the contraverted
bounds, and that on their encouragement great numbers of
loose and disorderly people daily flock'd thither who would be
restrained by no orders from trading with the Indians, I proposed
to that Government the running both the lines in dispute, and
removing all persons that had settled between those boundarys
as being seated there without any lawfull authority: and because
it would be most convenient that each Government should be at
the expence of running that line next to its own inhabitants, I
undertook the running that boundary next to Virginia which the
Proprietors claimed, at the charge of this Government, provided
they would be at the charge of running the other claim'd by H.M.;
but tho' (in pursuance of the resolution of the Council in that
matter 30th March last) I have already performed my part,
the President of Carolina alledging for his excuse the expectation
of a new Governor, did not think fitt to take any measures for
performing theirs. I have since seen Mr. Eden who is appointed
Governor of that Province, and find that he has no manner of
Instruction from the Proprietors concerning the boundarys;
and as to the proposal of marking out the Southern boundary,
he has delayed giving me an answer, untill upon consultation with
his Council he shall inform himself of the nature of that dispute.
[If] he should likewise refuse, I have determined to run that line
also as soon as the woods are practicable, and then to remove
all the people seated within those contraverted bounds, which
will be the most effectual way to bring that dispute to a speedy
determination, it being now the interest of that Government to
delay it, since by disposing of the land and recieving the quitt-rents
they reap the same advantage, as if it were actually adjudged to
be their property; and so unfair hath Mr. Moseley and the
other Surveyors of that Province been that tho they pretend no
further than a West line from the mouth of Nottoway River,
yet upon marking out that line I find severall people seated even
to the Northward of it who hold their lands by Carolina patents.
It was but the beginning of last month that I received the new
seal," etc. I have caused the former seal to be broke and send it
by this conveyance; but as there are many things by particular
Acts of Assembly appointed to pass under the seal of the Colony
for which the fees are very inconsiderable, and are therefore writt
on paper, to which this seal cannot be affixed without the danger
of tearing off in a short time; it were to be wished that H.M.
would be pleased to allow a lesser seal or signett, to be used for
matters of small consequence, which would be less chargable to
the Secretary that keeps it, and most proportioned to the present
fees, which the people will very unwillingly be brought to increase.
I here inclose the accompts of the Revenues of quitt-rents and 2s.
per hogshead as they were made up last year, by which your
Lordps. will observe how much the latter Revenue falls short of
discharging the expence of the Government occasioned by the
little encouragement there has been given for the exportation of
tobacco; this year seems as little favourable to that Revenue,
by the bad prospect of the cropps which a long continued drought
for these three months has rendered very impoverishing hitherto.
And if there should happen no rain in a week more there will be
a great danger of a scarcity of corn, for which reason I have put
a stop to the exportation thereof. Signed, A. Spotswood.
Endorsed, Recd. 1st, Read 14th Sept., 1714. 3¾ pp. Enclosed, |
|
726. i. Account of H.M. Revenue of quit-rent of Virginia,
April 25, 1713–1714. Totals; Receipts 2,145l. 6s. 1½d.
Expenditure, 1,289l. 11s. 0¼d. Endorsed as preceding.
1 p. |
|
726. ii. Copy of Proclamation for publishing the Peace with
Spain. Signed, A. Spotswood. Williamsburgh, June
16, 1714. Same endorsement. 1 p. |
|
726. iii. Copy of Proclamation enlarging the liberty of taking
up land on the Southern frontier of Virginia. Signed,
A. Spotswood. Williamsburgh, June 16, 1714. Same
endorsement. 1 p. |
|
726. iv. Account of H.M. Revenue of 2s. per hhd. in Virginia,
April 25, 1713–1714. Totals: Receipts 3,206l. 14s. 11¼d.
Expenditure 4,651l. 11s. 1¾d. Same endorsement. 1 p.
[C.O. 5, 1316. Nos. 111, 111, i.–iv.; and (without
enclosures) 5, 1364. pp. 58–65; and (duplicates of
ii., iii.), 5, 1341. Nos. 21, i., ii.] |
July 22.
Whitehall. |
727. Lord Bolingbroke to the Council of Trade and Plantations. H.M. having thought fit to direct the Gentlemen appointed
to treat with the Commissarys of France, to prepare themselves
forthwith to discuss with the latter, the several points referred to
Commissarys by the XIth Article of the Treaty of Peace with the
most Christian King, and also to negotiate and agree with them the
manner of settling those matters which are by the Xth and XVth
Articles to be discuss'd by Commissarys and which seem necessary
to be adjusted in America, you are to consider these heads of
business and prepare such Instructions for the abovemention'd
Gentlemen, as you shall judge proper for their guidance in the
negotiation of them. Your Lordps. will likewise please to inform
the merchts. and partys concern'd in the aforesaid Articles of the
steps wch. are taken for adjusting their interests. Signed,
Bolingbroke. Endorsed, Recd. 23rd, Read 28th July, 1714.
1½ pp. [C.O. 388, 17. No. 34; and 389, 24. p. 323.] |
| July 22. |
728. Mr. Attorney General to the Council of Trade and
Plantations. Reply to June 10th. I do most humbly certifie
to your Ldps. that as to such [temporary] laws, which are made in
H.M. Plantations, not granted in property to any subject, the
mischeif complained of, may be prevented by H.M. Instructions
to Her Governors thereof. And there is already among the
Instructions a full Instruction for that purpose, and therefore all
that I conceive necessary to be further done as to them is to require
a due observance of that Instruction by H.M. Governors. As to
laws to be made in the Proprietary Plantations, I am of opinion
that mischeif cannot be remedied there, but by Act of Parliament
of Great Britain, for that the Proprietors thereof have a right
vested in them, of the power of making laws granted by their
charters, and are not, nor can now be put under any other
restraint or regulation than such as are contained in their respective Charters, but by Act of Parliament. As to Pensylvania,
directions were given for perfecting the agreement with Mr.
Penn, and for preparing an Act of Parliament to supply his
incapacity, and to alter the method complained of as to temporary
laws, and the time limited for transmitting and approving laws
made there, but during the last session of Parliament, a Bill for
that purpose could not be settled, in regard of some differences
between the mortgagees and Family of Mr. Penn. I observe that
there is not any obligation by Charter to return the laws made in
the Proprietary Plantations of Connecticut and Rhode Island for
H.M. approbation, and therefore there will also want an Act of
Parliament to oblige them to transmitt their laws and to have
them submitted to H.M. approbation. Signed, Edw. Northey.
Endorsed, Recd. 23rd July, Read 27th Aug. 1714. 2 pp. Enclosed, |
|
728. i. Copy of the clauses of H.M. Commission to Governors,
empowering them to pass laws. 3½ pp. |
|
728. ii. (a) Extract of Mr. Penn's Patent relating to the passing
laws in Pennsylvania, and transmitting them for H.M.
approbation or disallowance. (b) Extract of the
Charter of the Governor and Company of Connecticut
relating to the passing of laws. (c) Extract of the
Charter of the Governor and Company of Rhode Island
relating to the passing of laws. The whole 3⅓ pp. |
|
728. iii. Extract of the Charter of the Massachusetts Bay
relating to the passing of laws and transmitting them
hither for H.M. approbation or disallowance. 2¾ pp. |
|
728. iv. Duplicate of Representation Jan. 15, 17 13/14. [C.O.
323, 7. Nos. 35, 35 i.–iv.; and (without enclosures)
324, 10. pp. 58–60.] |
| July 22. |
729. Mr. Attorney General to the Council of Trade and
Plantations. Reply to July 18, 1713. I am of opinion the Acts
of Jamaica for regulating fowling and fishing; for better securing
the estates of orphans etc.; and for preserving the public records, etc.,
may be proper for H.M. confirmation. And as to the Act to
incourage white men to settle, etc., I am of opinion it is a beneficial
law to that Island, and there does not seem to be any objection
against any part thereof, except the latter part wherein it is taken
notice of, that goods, wares, and merchandizes are frequently
purloyned stoln and embezelled by persons that ply in sloops,
canoos, and boats, that carry the same for hire etc., for prevention
whereof, it is enacted, that any person thinking himself aggreived
or any one in his behalf may on application to any Justice of Peace
have a warrant for any person belonging to any such boat or
wharfe where goods are suspected to be purloyned, to bring them
before a magistrate, and there to oblige them to swear what goods,
and how much were so purloyned, stoln or embezelled, and if he
shall refuse to take such oath, he is to forfeit 20l., and if he be
convicted by such confession on oath, he is to forfeit double the
value of the goods so purloyned etc., which seems contrary to
natural justice to oblige a man to answer upon oath to accuse
himself of a crime. And if the subsequent clause hereafter
mentioned were not in the Act, for this reason, the Act would not
be fit to be confirmed. But in regard there is a clause by which
it is provided, that such confession on oath, shall not be given in
evidence to charge any person with felony, or in any action at
law, or in any other matter, than to make such person liable to
such forfeiture, I think that Act may be fit to be approved by
H.M. And as to the Act, to prevent hawking and disposing of
goods clandestinely, I am of opinion that law is fit to be rejected,
for it prohibits the selling in open market any sort or sorts of
goods whatsoever, other than plantation provisions, fresh fish,
and live stock, whereby markets wherein it is lawfull to sell other
sorts of goods and wares, which may lawfully be and are usually
sold in markets are in a manner destroyed, And it is not within
the mischeif designed to be remedied by that Act which was
hawking and selling from place to place; And for that all persons
are thereby prohibited within 10 miles of any town in that
Island to buy up to sell again any manner of plantation provisions
or live stocks whatsoever, which is not reasonable. And for that
the inhabitants of a particular parish, to wit, the parish of Vere
in that Island are restrained from supplying any other place or
parish with any small stock, vizt., hoggs, turkies, ducks, and
dunghill fowl, but what the seller raises himself, which is unreasonable, to distinguish them from other parts of the Island. And
as to the Act, declaring what persons shall be qualified to sit in
Assemblies, whereby it is enacted that no person shall be capable
of being elected a member of the Assembly, that has not in his
own right, or in right of his wife, a sufficient freehold in lands or
houses of 200l. per ann., or that hath not on his freehold, which
shall consist of 300 acres at least, some sugar work, indigo, cotton
or ginger work, or some other plantation of penn of cattle, with
at least 50 of his own slaves on such plantation, for which he
pays tax, I am of opinion that this law is not fit to be confirmed
in regard that as the Assemblys subsist by H.M. Commission,
and powers therein granted to the Governor of that Island, the
qualifications of the Assembly men, and also of their electors may
be regulated in like manner by H.M., as she shall think fit, and
I apprehend also that the requiring 200l. per annum to be the
qualification for an Assembly man in that Island, is too much.
And as to the Act to disinable any member of the Council or of the
Assembly from acting as Commissioner for receiving any publick
money raised or to be raised by the Governor, Council and Assembly,
and as to disinable any such Commissioner to be a Member of the
Council, or of the present or any future Assembly of this Island,
whereby the Members of the Council, and the Members of the
Assembly are disabled to be Commissioners for any publick
money, to be raised by any act of Assembly past, or hereafter to
be past, not being sufficiently informed of the moneys payable
by virtue of Acts already past, and the methods of collecting the
same, I cannot give any opinion of the conveniency or
inconveniency of this law. But if the Collectors thereof or
Commissioners for the same, are to be appointed by H.M. direction
or by Her Governor, this matter, if H.M. shall see reason, may be
done by H.M. Instructions to her Governor, and therefore there
will be no reason for H.M. to be restrained, as by this Act is
proposed. Signed, Edw. Northey. Endorsed, Recd. 23rd July,
1714, Read 26th Sept. 1717. 3¾ pp. Enclosed, |
|
729. i. Duplicate of July 18th, 1713. [C.O. 137, 12. Nos.
63, 63 i.; and (without enclosure), 138, 15. pp. 301–307.] |
| July 23. |
730. Mr. Popple to Mr. Carkesse. Desires to know whether
the Commissioners of Customs have any account of the affair
of the Sorlings at Martinico (v. July 10th), and to have copies
of Instructions given to Naval officers in Barbados and the
adjacent islands for preventing clandestin and illegal trade.
Similar letter to Mr. Burchett, Secretary of the Admiralty.
[C.O. 389, 24. p. 319.] |
July 23.
Boston. |
731. Governor Nicholson to Lord Bolingbroke. Refers to
letter of April 23. I was then in hopes to have gone very soon
after to Annapolis Royal, but the great difficulties I mett with
in examining and stating Col. Samuel Vetch's accounts, and my
being very ill, was the reason of my stay here so long, but I hope
God willing in a day or two to goe thither, and from thence to
Placentia, from which places I shall endeavour according to my
duty to give your Lordp. a true account [of] affairs. By this
oppertunity I transmit to the Rt. Honble. the Board of Ordnance,
and Mr. Auditor Harley, some accounts of Coll. Vetch's, concerning the Ordnance etc., in which I am humbly of opinion that
he hath wrong'd H.M. in those accounts and I think he hath
done the same in all others I have not yett been able to examine
into, but find I can't be able fully to examine, and state his
whole accounts till I have been at Annapolis Royal. There hath
been sent hither, and industriously spread, false, scandelous
and mallicious pamphlets etc., but I have endeavoured what in
me lies to hinder their taking the ill effect, which I suppose was
designed by their being sent, and one measure I have taken, was
to have printed from time to time, all the good news I could
meet with the last of which I herewith humbly transmitt to your
Lordp. and I have sent some of them to the several Governors
on the Continent, as also to Bermudas, and Newfoundland, and
I most humbly propose to your Lordp. that there may be sent to
all H.M. Governors, on the Continent, and others, some of the best
books, or otherwise, that are writt in defence of H.M., and the
present Ministry, and that the Governors be obliged to dispense
them and where there are presses, to have a number of them
printed, etc. Signed, Fr. Nicholson. 2 pp. [C.O. 5, 752. No.
5.] |
| July 27. |
732. Mr. Popple to Mr. Burchett and Mr. Carkesse. Presses
for replies to July 23. [C.O. 389, 24. p. 320.] |
July 27.
Admiralty Office. |
733. Mr. Burchett to Mr. Popple. Reply to July23. The
Lords Commissioners of the Admiralty have no other account of
the matter (H.M.S. Sorlings). By the 40th Article of the printed
Instructions to the Captains of H.M. ships they are expressly
restrained from taking any merchandize on board them. As
for the Instructions wch. Capt. Vanbrough receiv'd from the
Lords of the Admiralty for proceeding to, and attending on New
York, I send you herewith a copy of that paragraph in those
Instructions, by wch. in the winter season he is order'd to convoy
our trade to Barbadoes and the Leeward Islands, but even in the
doing thereof as well as in all other respects, he is required to follow
the orders of the Govr. of New York, and if he has sent the ship
to the French Islds. so as to give her Commander an opportunity
of trading there (contrary to his Instructions) or of countenancing
merchant vessels in the doing thereof, it is without the privity
or knowledge of my Lords of the Admiralty, nor have their
Lordps. received any account from Capt. Vanbrugh himself or
any other person, relating to this affair. Signed, J. Burchett.
Endorsed, Recd. 28th, Read 29th July, 1714. 2 pp. Enclosed, |
|
733. i. Copy of 40th Article of Instructions to Captains of
H.M. ships. No officer of any of H.M. ships shall carry
on board any of H.M. ships any kind of merchandize,
etc. 1 p. |
|
733. ii. Extract of Instructions to Capt. Vanbrugh, H.M.S.
Sorlings. You are to convoy merchant ships in the
winter from New York to Barbados etc. and protect
the trade of H.M. subjects as you shall receive orders
from the Governor of New York, etc. ¾p. [C.O.
388, 17. Nos. 36, 36 i., ii.; and (without enclosures)
389, 24. pp. 326, 327.] |
| July 27. |
734. Sir John Colleton, one of the true and absolute Lords
Proprietors of Carolina, to Nicholas Trot. Appoints him his
deputy to represent him in the General Assembly of South
Carolina. Signed, J. Colleton. [C.O. 5, 290. p. 74.] |
July 28.
Custom ho. |
735. Mr. Carkesse to Mr. Popple. Reply to July 23. Encloses
following papers from Mr. Lane "who acts for the Collector of
Barbados, etc. by which it appears that Capt. Vanbrugh brought
some wine and brandy from Martinico to Barbados, and that the
same were seiz'd and condemn'd by the officers of the Customs
there. But the Commissioners (of Customs) have received no
account of the illegal proceedings from the Naval Officer, neither
has he any Instructions from them," etc. Continues:—Upon this
occasion I am to enclose you the Memorial of the said Lane to
Governor Lowther, with several affidavits and extracts of two
letters from Mr. Helden who acted for the Surveyor Genl. relating
to the opposition given him by Col. Maycock Treasurer of the
Island, particularly in the seizing two hogsheads of wine imported
from Martinico contrary to the Acts of Trade and Navigation,
and the Commissioners desire their Lordships would please to be
a means that the officers of the Customs may have the assistance
of the Governor, Treasurer and other officers of the Island in
putting the laws of Trade and Navigation in force in the said
Island in the performance of their duty for the future. Signed,
Cha. Carkesse. Endorsed, Recd. 28th, Read 29th July, 1714.
1¼ pp.Enclosed, |
|
735. i. Instructions of Edwd. Perrie, Surveyor General of
Barbados and the Leeward Islands. Copy. 6½ pp. |
|
735. ii. Deposition of William Gordon, rector of St. George's.
Barbados, Feb. 1, 1713. The Treasurer of the Island,
Tho. Maycock, granted deponent a licence to land a
hogshead of clarett from Martinique upon paying the
country duty. John Lane, Depty. Collector, seized
it and another for the Queen. But Alexander Forester,
a liquor officer who had endorsed the Treasurer's permit,
prevented him, etc. Signed, W. Gordon. 1 p. |
|
735. iii. Extracts of letters from John Helden, Deputy Surveyor
General of Barbados and the Leeward Islands. Barbados, March 10, 1713, and St. Kitts, April 14, 1714.
Governor Lowther encourages the Treasurer of Barbados
in granting permitts daily to land wine and brandy
from Martinique, and does nothing to support Mr.
Lane or his officers in doing their duty. The Attorney
General and magistrates delay Mr. Lane, so that he
cannot obtain a writ to take up the offenders. They
fear to disoblige the Governor, who is the Treasurer's
particular friend. The Governor promised me to
determine the matter, but does nothing, etc. 1¾ pp. |
|
735. iv. Deposition of Richard Kennedy, Edward Rundell, and
William Maxwell, Custom-house Watermen. Barbados,
Jan. 28, 1713. Corroborate No. 1. Signed, Richard
Kennedy, Edward Rundell, William Maxwell. Endorsed,
Recd. 26th June, 1714, in Mr. Lane's letter, April 27,
1714. Copy. 1½ pp. |
|
735. v. Deposition of John Sharpe, Custom-house Searcher.
Barbados, Jan. 28, 1713. Confirms No. 1. Signed, John
Sharpe. Endorsed as preceding. Copy. 1¼ pp. |
|
735. vi. Deposition of John Hinton, Custom-house Waiter.
Barbados, Jan. 27, 1713. Confirms No. 1. Signed,
John Hinton. Endorsed as preceding. Copy. 1 p.
[C.O. 388, 17. Nos. 35, 35 i.-vi.; and (without enclosures)
389, 24. pp. 328, 329.] |
July 28.
Whitehall. |
736. Mr. Popple to William Potter, Secretary of the Hudson's
Bay Company. H.M. having directed the Council of Trade and
Plantations to prepare Instructions for Her Commissarys who are
to discuss with those of France upon the Xth and XIth Articles
of the Treaty of Peace, they send you a copy of the said Articles,
and desire the Hudsons Bay Company to bring them on Tuesday
next in writing what they have to offer on the said Article. |
|
The like letter was writ to Mr. Dummer, Col. Vetch, Col. Lodwick,
with the Xth and XVth Articles, as also to Col. Douglas, Col.
Jory, Genl. Hamilton, Sr. John St. Leger, and Mr. Pery, Secy.
to the African Company, with the XIth Article. [C.O. 389, 24.
p. 324.] |
July 30.
Whitehall. |
737. Council of Trade and Plantations to Lord Bolingbroke.
Reply to July 10. Refer to correspondence July 23–28th.
Continue:—By the 5th and 6th Articles of the Treaty of Peace
and Neutrality in America concluded between France and
England the 6/16th day of Nov. 1686, the subjects inhabitants etc.
of each Kingdom are prohibited to trade and fish in all places
possess'd, or which shall be possess'd by the other, in America;
and that if any ship shall be found trading contrary to the sáid
Treaty, upon due proof shall be confiscated. But in case the
subjects of either King shall be forc'd by stress of weather, enemies
or other necessity into the ports of the other in America, they
shall be treated with humanity and kindness; and may provide
themselves with victuals and other things necessary for their
sustenance and reparation of their ships at reasonable rates.
Provided they do not break bulk, nor carry any goods out of
their ships, exposing them to sale nor receive any merchandize
on board under the penalty of confiscation of ship and goods.
Quote Capt. Vanbrugh's Instructions (v. July 27th). It does not
appear to us that he had any direction from the Governor of New
York (whose orders he was to follow) to go upon any account to
Martinico. By the papers we have receiv'd from the Custom-house
we find that there has been illegal trade carry'd on between
Barbadoes and Martinico and particularly that Capt. Vanbrugh
brought some wine and brandy from Martinico to Barbadoes,
which were seiz'd and condemn'd by the officers of the Customs
there. Upon this occasion we beg leave to take notice to your
Lordship of the opposition given by Col. Maycock, Treasurer
of the Island and others, to the officers of the Customs in the
execution of their duty. Refer to No. 735. Upon the whole we
are humbly of opinion, that the Captains of H.M. ships ought not
to receive on board any merchandize of what kind soever nor ought
they according to the abovementioned Treaty, either to trade
themselves, or to protect other ships trading to any of the French
settlements in America, nor the French be allow'd to trade to ours.
Enclosed, |
|
737. i. Copy of No. 735 iii. [C.O. 389, 24. pp. 331–334
(covering letter only); and (enclosure only) 28, 38. No.
97.] |
