|
Nov. 4.
London. |
181. Sir. N. Lawes to the Council of Trade and Plantations.
I know not how to answer your commands better then by reciteing
part of a letter wrote to me from Jamaica viz:—"I repeat my
earnest desire, that you would use the most pressing instances
with the Ministers, that they would take some methods for
supporting the Government, and saving the Island, which daily
sinks in its people, while our wiser neighbours are increasing:
And we are such stupid and mercenary wretches to give them all
the assistance we can; for our own undoing, by furnishing them
with all materials for sugar works. Very lately a French man
came from Hispaniola, and bought all the lead, and mill work in
the Island, so that several people were forced to stop work, till
more came in the London ships. The trade is now grown barefaced. They bring in sugars as well as indigo. There are now at
North side three ships from London, under pretence of loading
there, which is in truth not able to load one ship; but we are
assured they go home freighted with French sugar, and indigo:
Besides the French have raised our bitts i.e. 7½d. to 10d. pr. bitt;
by which we shall soon be stript of all our currant money: for
Gods sake endeavour to put a stop to it. The ship Tanner frigat
(Benham, master) unloaded at Port Royal went empty up to
Hispaniola, and there took in her loading for France where she
now is." |
|
And now my Lords I beg to state some questions upon H.M.
late Proclamation for suppressing of pyrates. (i.) Whether the
Proclamation is a full and sufficient pardon to any persons, who
may have committed pyracies and robberies upon the High Seas
in America within the time therein mentioned; or if not what
steps must be taken to obtain it of the Govrs. in America?
(ii.) Whether by this Proclamation murders committed by such
pirates are pardoned? (iii.) Whether the persons who have
committed any robberies, or pyracies, or any others by that title
can hold the monys and effects they may be so possest of, and not
liable to be prosecuted for them? (iv.) Whether if any persons
having notice of this Proclamation should between such notice,
and the fifth of January next committ any pyracies or robberies
are intitled to the benefitt of it? etc. I am informed more than
20 laws (most of the present Governor and Assembly) are now
before your Honors. for H.M. approbation. Prays for their
decisions and that he may be given their reasons if they require
amending etc. Signed, Nicholas Lawes. Endorsed, Recd. 4th,
Read 7th Nov., 1717. 1¾ pp. Enclosed, |
|
181. i. Reasons for not calling an Assembly [? by that part of
the Council which dissented]. No signature. 1 p. [C.O.
137, 12. Nos. 93, 93 i.,; and 138, 15. pp. 518–524.] |
Nov. 6.
Whitehall. |
182. Mr. Popple to John Ury, Secry. to the South Sea
Company. The Council of Trade and Plantations desire to know
what proof the Directors have that the duty referred to Oct. 31st,
has been paid for the negroes who are only put into Jamaica for
refreshment and what objections the Company have to the paying
of the duties upon the exportation of negros bought in that
Island as the inhabitants there do. [C.O. 138, 15. pp. 517, 518.] |
| Nov. 6. |
183. Richard Shelton to Mr. Popple. The Lords Proprietors
of the Bahama Islands (viz.) four of them Mr. Ashley, for himselfe
and the Lord Carteret Ld. Berkley and Sr. Jno. Colleton, have
executed a surrender of their right to ye civil and military
Govermt. of those Islands to H.M. (v. 28th Oct.) and also have
executed a lease to Capt. Roger for one and twenty years of all
their remaining rights and interest in the said Islands. Both
which instruments are witnessed by me etc. and are word for word
the same as Capt. Rogers prepared them. The reason that
induced the Lords Proprietors to surrender their Govermt. was,
the great desire they had to have ye Bahama Islands resettled;
and upon that account have commanded me not to deliver the
two deeds as theirs, till Capt. Rogers has his Comission signed by
H.M. Capt. Rogers has seen the deeds legally executed by the
four Proprietors and tells me he will give you a copy of the
surrender. Signed, Ri. Shelton. Endorsed, Recd., Read 6th
Nov., 1717. Addressed. 1 p. [C.O. 5, 1265. No. 81; and 5,
1293. pp. 114–115.] |
Nov. 6.
Whitehall. |
184. Mr. Popple to Mr. Shelton. In reply to preceding, the
Lords Commrs. for Trade etc. being authorized by H.M. to receive
the surrender of the Lords Proprietors of the Bahama Islands,
they do not see how they can present a Commission to be signed
for H.M. for Cap. Rogers to be Govr., till they are in possession
of the said surrender: For the preamble of the Commission is
to declare (according to the usual form) that the Lords Proprietors have actually surrender'd to H.M., which cannot be done
till the surrender is in the hands of those authorized by H.M.
to receive it. You'll please to acquaint the Lords Proprietors
with this. [C.O. 5, 1293. p. 128.] |
Nov. 6.
Annapolis Royal. |
185. Capt. Doucett, Lt. Govr. of Annapolis Royal, to the
Council of Trade and Plantations. Being so much prest in time
after I receiv'd my Commission etc., I was obleidged to depart
without waiting on your Lordships for your instructions etc.
Soon after my arrival I was inform'd ye French inhabitants have
never yett acknowledged H.M., upon which I summons'd those
that live in this neighborhood to signe the inclosed paper and told
them how much they stood in their own light, and how dangerous
it was to triffle wth. so great a monarch, allso declared I could by
no means suffer any of their vessells to pass this Fort to fish or
trade on this coast without they became subjects, to H.M., and
that assoon as they should become such they might expect the
same liberty as the English, to which they deliver'd the paper
enclosed. But since find severall inclin'd to signe rather then
loose the profitt the[y] reap in the fishing season, which begins
here in spring and lasts till the winter, so that I expect as the
spring aproaches, if advantage can biass them more then their
preists, some (if not all) will declare themselves subjects to H.M.
Tho' att present most of them give out that they designe to leave
this part of the country in the spring, and to settle on the other
side of the Bay of Fundy about Passmaquady, where they fancy
themselves secure and that there no notice would be taken off
them, tho' it is still in H.M. Dominions, But it seems this has
been their declaration every winter for five or six years past so
that wee doe not give much creditt to it. As to what they take
notice on in their answer concerning their dread of the Indians,
I am farr from beleiveing what they say. For to my knowledge
if an Indian is att any time insolent in their houses, they not only
turn them out, but beat them very severly, therefore since they
doe not revenge themselves on 'em for such useage is my reason
of objection to what they alledge should they become subjects
to H.M.; but rather beleive, that if the French dared deal
ingeniously, they would tell us, they fear'd their preists much
more then the indians, who are continually doeing all in their
power to prevent an English settlement in this Country; and who
att this time have spread over the country some of their forged
intellegency's, and report that a preist about 30 leagues from
hence has receiv'd a letter from his correspondent in France, in
which he pretends to have an account that this country is to be
given back into the hands of the French, with the circumstance's
following. That the Pretender was again landed in Scotland;
and that King George sent for 10,000 French from the Regent
to assist him, which troop's soon after they landed in England,
they all declar'd for the Pretender and that they had establisht
him upon the Throne of Great Brittain, and that for the service
those men had done him, he intended to give to the French, all
they should ask for, therefore 'twas not to be doubted but that
this country would be included in their requests. This dismall
story I hope your Lordships will not think me impertinent to
trouble you with, For from it I hope your Lordships will take
some method to convince these people that their preists are
fallible. I therefore humbly move your Lordships that if an
order could be procured to be sent from France to the Govrs.
of Canada and Cape Bretton, that they should surpress and
severly punish any Indian or other's the French who shall insult
the people of Nova Scotia or L'Acadie that live under the protection
of H.M. King George and that a coppy of such
orders be sent to this Garrison from the said Govers. to be
publisht amongst the people of this country, it would be a great
mean's to bring them to be subjects to H.M., and destroy all
reasons they could alledge to triffle any longer, etc. John
Doucett. Endorsed, Recd., Read 22nd May, 1718. Holograph.
4 pp. Enclosed, |
|
185. i. Copy of declaration of allegiance to King George, sent
by Lt. Governor Doucett to the French Inhabitants of
Nova Scotia for their signature. Same endorsement.
1 p. |
|
185. ii. French inhabitants to Lt. Governor Doucett. Reply
to preceding. We shall be ready to comply as soon as
H.M. has found means to protect us from the savage
nations who have killed and plundered several French
and English settlers since the Peace. By taking the
oath required we should expose ourselves to be murdered
by them. We are ready to take oath not to take up
arms against France or England. 76 Signatures.
Same endorsement. French. 2½ pp. [C.O. 217, 2.
Nos. 47, 47 i., ii.; and (without enclosures) 218, 1. pp.
350–355.] |
Nov. 7.
Whitehall. |
186. Council of Trade and Plantations to Mr. Secretary
Addison. Refer to report of Mr. Attorney and Mr. Solicitor
General upon Lord Sutherland's petition (v. Oct. 28), etc.
Conclude: Finding the sd. report to consist of matters of right and
law, we have nothing farther to offer upon it. [C.O. 5, 1293.
p. 129.] |
| Nov. 7. |
187. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
The Council of Trade and Plantations haveing received some
queries relating to the late Proclamation for suppressing of
pirates, send you a copy thereof, and desire your answers thereto
as soon as possible, that they may be the better able to instruct
the several Governments of the Plantations how to govern themselves
in case any pirates should surrender on the faith of this
H.M. Proclamation. Annexed, |
|
187. i. Quere. i. Whether the Proclamation is a full and
sufficient pardon to any persons who may have committed piracies and robberies upon the high seas in
America within the time therein mentioned, or if not
what steps must be taken to obtain it of the Govrs.
in America. |
|
187. ii. Whether by this Proclamation murders committed
by such pirates are pardoned. |
|
187. iii. Whether the persons who have committed any
robberies, or piracies, or any others by that title can
hold the monies and effects they may be so possessed
of, and not lyable to be prosecuted for them. |
|
187. iv. Whether if any persons having notice of this Proclamation, should between such notice and Jan. 5th
next commit any piracies or robberies are intituled to
the benefit of it. [C.O. 324, 10. pp. 146, 147.] |
Nov. 7.
Tower Street. |
188. Messrs. Tilden and Mayne to Mr. Popple. Enclose
receipt for seals etc., Oct. 15. Signed, Rich. Tilden, Jos. Mayne.
Endorsed, Recd., Read 8th Nov., 1717. Addressed. Postmark.
½ p. [C.O. 28, 15. No. 22]. |
Nov. 7.
Whitehall. |
189. Council of Trade and Plantations to Mr. Secretary
Addison. Sr. N. Lawes has communicated to us the extract
of a letter wch. he has lately receiv'd from Jamaica, relating to
a trade carry'd on between that Island and Hispaniola (a copy
whereof is inclos'd) Upon which we must observe, that this trade
ought as much as possible to be discourag'd and prevented. There
is an Act lately pass'd in that Island, to prevent all fraudulent
trade to Hispaniola and other foreign parts, which Act we have
not laid before H.M. for confirmation by reason it takes away
the King's power of granting a noli prosequi, nor have we been
willing to propose the rejecting it upon this account, because
the Act is in generall usefull and necessary; But we have chose
to let it remain as it is. till Sr. N. Lawes arrives at his Governmt.
and has had an opportunity to get another Act pass'd, wch. may
not be liable to the aforesaid objection about the noli prosequi
and may answer yet more effectually than this Act dos, the end
of preventing the fraudulent and pernicious trade to Hispaniola.
We have accordingly recommended to Sr. N. Lawes to get such
an Act pass'd; and we think this a proper opportunity to observe
to you the necessity of Sir N. Lawes being dispatch'd to his
Government as soon as possible. We take likewise this occasion
to inform you that on the 23rd of the last month, we laid a report
before H.M. in Council upon sevl. Jamaica Acts, and that we are
of opinion it is necessary H.M. pleasure shou'd be declar'd thereupon before Sir N. Lawes gos from hence. [C.O. 138, 16. pp.
1, 2.] |
Nov. 8.
South Sea House. |
190. Daniel Wescomb to Mr. Popple. Acknowledges letter
of Nov. 6 addressed to Mr. Ury etc. Signed, Daniel Wescomb.
Endorsed, Recd. 9th, Read 12th Nov. 1717. 1 p. [C.O. 137,
12. No. 94; and 138, 16. p. 3.] |
| [Nov. 8.] |
191. Objections of parishioners of St. Philip to an Act of
Antego to indemnify Anthony Brown etc. Endorsed, Recd. [from
(John) Marsh, Sollicitor] 8th Nov., 1717. Read 29th Jan., 1720.
3 large pp. [C.O. 152, 13. ff. 3–5.] |
| [Nov. 8.] |
192. Church Wardens and Vestry of the Parish of St. Philip
in Antigua to the Bishop of London. Objections to Act as
preceding. Signed, Benjamin Wickham, Thomas Elmes, Churchwardens. Jos. Ledeatt, James Apres, William Painter, Wm.
Steele Senr., Timo. Singin, Samuel Mayer, Jno. Barnard.
Endorsed as preceding. 1¾ pp. [C.O. 152, 13. ff. 6, 7.] |
Nov. 9.
Boston. |
193. Governor Shute to the Council of Trade and Plantations.
I am favoured with yours of the 4th of August last and have
issued out Proclamations to prohibit the illegal trade, that has
been carried on, between H.M. Plantations and the French
settlements in America, both the Provinces of the Massachusetts
Bay and New Hampshire: and have sent your Lorps.' enclosed
orders to the Governments of Rhode Islands, and Connecticut.
Replies to enquiries made in their Lordships' said letter (quoted):—These Provinces are indeed very much indebted occasioned by a
long and expensive war with the Indians, and are endeavouring
to get out of that debt as fast as possible. I have also since I
have been here visited the Forts in both Provinces and have
found some of them in a very ill state of defence, and shall use my
best endeavours to perswade the Governments in a little time to
put them in a better posture. As to the Revenues of both
Governments and how they do arrise your Lordps. may see in
Mr. Blaithwait's Office who is Auditor General of the Plantations,
where they have been yearly transmitted. These accompts
before they are sent over are laid before the whole Council and
Assembly, where any Member has liberty to peruse the same, and
are afterwards audited by a Deputy Auditor appointed by the
Auditor General. After which they are sent to his Office in
England. I have endeavoured to get the exact numbers of
white men able to bear arms in both Provinces, but can't as yet
get them compleated, but will send them as soon as they are
perfectly finished. Your Lordps. are pleas'd to enquire what
methodes can be proposed for the better peopling and advancing
the intrest of these Provinces. According to the best observation
I have been able to make in the little time I have been here, I am
of opinion that if 40 shillings pr. head shou'd be allowed for the
encouragement of masters of ships for the transportation of
persons from 16 to 40 years of age that it wou'd be of great
service to these Provinces: labour being very dear by reason of
the scarsity of hands. I wou'd also beg leave to observe to your
Lordps. that the import of these Provinces is so vastly different
from the export, that if some method is not taken to assist them
that instead of their becoming a flourishing country they will
fall into decay for here is nothing but paper money stirring and
that falling every day in it's value. I shou'd also hope that if
the dutys were taken off our lumber it wou'd be of great help as
will also the incouragement of Naval Stores, which I will use my
best arguments to perswade them to raise. As to the stores of
war and their several species, they are once a year sent to the
board of Ordnance as is usual and I have herewith sent duplicates
as your Lordps. desire. Since I writ last I have been in the
Squirrel man of war at Arowsick which lyes upon the River of
Kennebec where I met a great number of the Eastern Indians
who have ratified and confirmed all former Treatys and entred
into some new on's, which I hope will tend to the honr. of the
King my Master and the quiet and peace of these Provinces:
What passed in that Interview is printing, which when finished
I shall transmit to your Lordps. The eight pirates which have
been so long in prison here have been try'd by a special Court of
Admiralty, and six of them were found guilty of piracy etc.
and have received sentence of death and are to be executed on
Wednesday the 13th currt. I am very glad of this oppertunity
to assure this Honble. Board, that I will constantly send an
accompt of all the remarkable affairs that shall happen in
relation to these Provinces; as also to return your Lordps. my
thanks four your promising to support and assist me etc. Signed,
Samll. Shute. Endorsed, Recd., 21st Jan., Read 24th Feb.,
1717/18. 3 pp. Enclosed, |
|
193. i. Account of stores of war expended at Castle William,
Boston, 11th Oct., 1716–24th June, 1717. Same
endorsement. 1 p. |
|
193. ii. Account of stores of war at Castle William, 24th June,
1717. Same endorsement. 1 p. |
|
193. iii. Account of stores of war in New Hampshire, 24th
June, 1715–1716. Same endorsement. 2 pp. [C.O. 5,
866. Nos. 137, 137 i.–iii.; and (without enclosures)
5, 915. pp. 82–87.] |
Nov. 9.
N. York. |
194. Governor Hunter to Mr. Pople. I have had the
pleasure of but one of yours of a long while etc. Refers the
Board to Mr. Philips etc. I believe their Losps. are convine'd by
this time of taking some effectual and speedy course to put a
stop to the seditious practices of Cox and his Agents, etc., or they
may lay their account with hearing of confusion in that poor
countrey soon after my departure. I have wrote several times
for Councellors for the Jerseys, there are two more lately dead
viz.: Elisha Parker and John Reading. In the room of the
former I beg leave to recommend his son John Parker a very
sober honest sensible young man and of a considerable estate.
In the room of ye later Peter Fretwell a man of very good abilitys
and estate though a sort of a Quaker. If I am under a necessity
of holding an Assembly in ye Jerseys this winter I must make use
of ye power given me by my patent and Instructions. For all
ye Councelors now alive are these Lewis Morris living in York,
Thomas Gordon aged and infirm, John Anderson, Th. Byerley
in York and paralitical, John Hamilton Post Mr. Genll. David
Lyal remov'd to York. I have formerly and beg again to
recommend for ye Eastern Division John Read, John Parker,
Adam Hudd, for ye Western Peter Fretwell, Joshua Wells.
The Assembly here is still sitting and will continue so at least
a fortnight being taken up in putting a finishing hand to a bill
for payment of the remainder of publick debts, which by reason
of ye absence of ye claimants then under age or other causes were
omitted in ye former, I hope their Losps. will receive no suggestions against it or ill impression of it till they see't, I say this
because angry men have threatned that they'll have it damn'd
before 'tis pass'd. I'm sure I shall not passe it if I do not think
it reasonable and just, by the next conveyance you'll have all,
Adieu I am from the bottom of my heart Yours Signed, Ro.
Hunter. Endorsed, Recd. 30th Dec., 1717, Read 27th Jan., 1717/18.
Holograph. 4 pp. [C.O. 5, 971. No. 66; and 5, 995. pp.
423–425.] |
Nov. 11.
Whitehall. |
195. Council of Trade and Plantations to Mr. Secretary
Methuen. Our Secretary having received a letter from Brigadier
Hunter relating to the designs of Mr. Cox, etc. to blacken his
reputation here, we send you a copy of the said letter and of one
from Mr. Cox, referred to in it, (v. Nov. 16, 1716) that you may
see what indirect measures are taken to make H.M. Governors
uneasy in the Plantations. [C.O. 5, 995. pp. 332, 333.] |
| [Nov. 11.] |
196. Sir N. Lawes to the Council of Trade and Plantations.
Jamaica is 70 times bigger than Barbados, and capable to entertain 20 times more inhabitants. There is room for 100,000
families more than are now upon that Island who may produce
in planting sugar, indigo, cotton, logwood, peimento etc. £1000
a year one with another. Planting is the mother of trade, and
negros the support of planting. Negroes are very dear, from
£25 to £40 pr. head, little or no credit will be given to new settlers,
without wch. the country can never increase in Planters, tho' the
present possessors may in riches. The Assiento carrys all the
able, stout and young negros, or such as they call peic'd India
to the Spaniards and sell none to the Planters but old sickly and
decrepid, or what are call'd Refuse; if a choice negro is sold to
a Planter, he might give as much or more than the Spaniard
and that in ready mony. The produce of one able negro's
labour in planting is not less, often more than one hhd. of sugar
yearly etc. The freight for one hhd. is £2 10s. 0d. Duty to the
Crown £3. Commission etc. £1 10s. 0d. Clear of all charges to
the importer, £15. The Assiento 'tis supposed may sell such a
negro to the Spaniard for £40 in ps. 8/8 and there is an end of that
profit to the Nation for ever. The Assiento is in the Crown of
Spain, and the South Sea Company exclusive of all others.
The Company assign great advantages (as they are pleased to
say) accruing to Jamaica; by ordering their ships from Guinea
to touch at the port of Jamaica, and there to sell such negros as
are not proper for the Spaniards, clean their ships, and buy
provisions, and refreshments to carry them to the Spanish ports;
this favour (they say) incourages many ships to come from
North America with provision to Jamaica, for the market made
there by the Assiento. This number of ships lowers the freight
of goods from Jamaica to England. If the Government will
not ease them of the tax laid upon negroes exported they resolve
to direct their ships to some other port etc. But this duty of
20s. per head was laid by the Assembly many years before the
South Sea Company had the Assiento, and is to be paid by all
H.M. subjects. It may be concluded that the Company orders
their ships to Jamaica as being the most convenient port. They
can well afford to pay that easie duty, which is not half so much
as their factors gain by them. But if they cannot afford to pay
the duty out of the profitts of the Assiento, then it may be
supposed the negroes imployed on our Plantations are of greater
advantage to this Kingdome, than selling them to the Spaniard.
Endorsed, Recd. 11th, Read 21st Nov., 1717. 2¾ pp. [C.O. 137,
12. No. 99; and 138, 16. pp. 12–18.] |
| Nov. 12. |
197. Copy of two clauses of an Act of Pensilvania of 1711
for raising £2000 for the Queen's use, and of a Minute of Council,
Philadelphia, 12th Nov., 1717, directing the said £2000 to be
paid to Lt. Governor William Keith. 1 p. [C.O. 5, 1233. No.
58.] |
| Nov. 12. |
198. Jacob Wachter to Mr. Popple. Mrs. Lowe answers
that tis impossible for her to attend the board to-morrow, she
having lost her place in ye Gloucester Coach etc. Signed, Jacob
Wachter. Endorsed, Recd. 12th Nov., 1717. Addressed. 1 p.
[C.O. 5, 866. No. 127.] |
Nov. 13.
Whitehall. |
199. Mr. Popple to Mr. Attorney General. Encloses three
Acts of New York for his opinion in point of law as soon as
conveniently he can:—(i) for levying several duties, June, 1717;
(ii) for granting a supply to H.M. for supporting his governments
of New York, and for striking bills of credit for that purpose,
July, 1715; and to oblige all vessels trading into this Colony except
such as are therein excepted to pay a certain duty etc. Concludes:—The first of 'em is expired and is only sent you because the other
two refer to it etc. Their Lordships being now about to print
the New York Acts, cannot go on with them till they know your
opinion. [C.O. 5, 1123. p. 457.] |
| Nov. 13. |
200. Agents for the Leeward Islands to the Council of
Trade and Plantations. Refers to previous correspondence relating
to stores of war for the Leeward Islands, June, 1716 etc. Continue:
Nothing further has been done in this matter. By the freshest
and repeated advices from those parts, it appears that the
present state of those Islands makes the supply of those stores
still more and more necessary for their defence. The 4½ p.c.
was given by these Islands for erecting and repairing fortifications
and providing them with other necessary's for their defence.
The said revenue has for some time been applyed to the Civil
List. This lays the said Islands under the necessity of applying
to the Crown. Pray their Lordships to represent the matter to
H.M., that the Islands may be supplyed according to the demands
of the Governour with all possible dispatch. Signed, Jos. Jory,
Ste. Duport, Will. Nivine. Endorsed, Recd., Read 13th Nov.,
1717. 1 p. [C.O. 152, 12. No. 51; and 153, 13. pp. 158–160.] |
| Nov. 14. |
201. Mr. Attorney and Mr. Solicitor General to the Council
of Trade and Plantations. Reply to Nov. 7. We are of opinion
(i) that the Proclamation does not contain a pardon of pyracy
but only H.M. gracious promise to grant pyrates such pardon on
the terms mentioned, on which every subject may safely rely.
But that it will be reasonable for H.M. to give Instructions to his
Governors in America to grant the persons surrendring themselves according to the terms of such proclamation H.M. most
gratious pardon for pyracies and robberies on the High Seas.
(2) That where the murther is comitted in the pyracy, it was H.M.
intention to pardon the murther so committed, and therefore it
may be reasonable in the Instructions to H.M. Governors to
direct them to insert in the pardons by them to be passed of the
piracies and robberies committed on the High Seas a pardon of
all murthers committed in the same. (3) That as to the proper
goods of the pyrates, they being pardoned, the same will not be
forfeited, but they may retain them to their own use. But as
to the goods of other persons which they have taken unlawfully
from them, the property thereof by such taking is not altered,
but the owners, notwithstanding any pardon, may retake them,
or they may recover the same by an action to be brought agt.
the robbers for the same. (4) That there is no notice of any exception in the proclamation, and H.M. has been pleased to give
his Royall promise, which he will never break, to pardon pirates
surrendring themselves all pyracies committed or to be committed
before the said fifth day of January, and for preventing the
mischeifs hinted at in this query H.M. Officers are to be diligent
in apprehending all pyrates, for H.M. has not been pleased to
promise pardon to any pyrates but such as surrender voluntarily
according to the terms of the proclamation. Signed, Edw.
Northey, Wm. Thomson. Endorsed, Recd. 15th, Read 16th
Nov., 1717. 2⅓ pp. Enclosed, |
|
201. i. Copy of queries, Nos. 187 i–iv. 1 p. [C.O. 323, 7. Nos.
114, 114 i.; and (without enclosure) 324, 10. pp. 148–150.] |
Nov. 14.
Whitehall. |
202. Mr. Popple to Mr. Lowndes, Secretary to the Lords
of the Treasury. Encloses copies of correspondence relating to
stores of war for the Leeward Islands, 22nd June and 14th Dec.,
1716, and 22nd Feb., and 13th Nov., 1717. Whereby the Lords
Commissioners of the Treasury will see the necessity their
Lordps. of Trade apprehend there is for supplying those Islands
etc. [C.O. 152, 12. pp. 161, 162.] |
Nov. 14.
St. James's. |
203. Order of King in Council. Referring following to the
Council of Trade and Plantations for their report. Signed,
Robert Hales. Endorsed, Recd. 19th, Read 20th Nov., 1717.
1 p. Enclosed, |
|
203. i. Petition of Christopher Stoddard to the King. Prays
to be reinstated in his plantation in St. Christophers
as Aug. 15, q.v. Copy. 2¼ pp. [C.O. 152, 12. Nos.
56, 56 i.; and 153, 13. pp. 174–179.] |
Nov. 14.
Treary. Chambers. |
204. Charles Stanhope to Mr. Popple. The Lords Commrs.
of the Treasury desire an explanation of the 13th condition
proposed for the sale of lands in St. Christophers (v. 16th Oct.).
Signed, C. Stanhope. Endorsed, Recd., Read 15th Nov., 1717.
Addressed. 1 p. [C.O. 152, 12. No. 52; and 153, 13. p. 161.] |
Nov. 15.
Whitehall. |
205. Mr. Popple to Mr. Stanhope, Secy. to the Lords of the
Treasury. Reply to preceding. The intention of the Council
of Trade and Plantations in the said Article and the preceding
one, was to give incouragement to any person that might be dis
posed to become a general purchaser of all the said lands, wherein
their Lordships had a more especial regard to a certain proposal
for that purpose, laid before them by one Mr. Mills since deceased,
and by them transmitted to the Lords of the Treasury, wherein
he did offer to retale the said lands again upon an average for
the same price by him paid to the publick, reserving only to himself a profit upon the retale of each acre in consideration of his
charge and trouble. And as their Lordships did conceive this
part of Mr. Mills's proposal to have been very just, and reasonable,
they did in great measure copy after it, with this difference only,
that whereas the said Mills did fix a certain profit for himself
upon each acre retaled, the Lords Commissioners of Trade
thought it more proper to leave that profit to be determined by
the Lords of the Treasury, when they should treat upon this
subject, with any general purchaser. [C.O. 153, 13. pp. 162–164.] |
Nov. 15.
South Sea House. |
206. Daniel Wescomb to Mr. Popple. Reply to Nov. 6th.
(i.) Encloses following. (ii.) Refers to petition of the South Sea
Company, shewing the advantages derived by Jamaica from their
ships touching there etc. Concludes: Besides which the Company
conceive it to be contrary to the practice of all Nations, where
goods are imported duty free to burthen 'em upon their reexportation, and they can't but deem this duty to be an infringement upon the Assiento contract, in which H.M. and the King
of Spain are parties; that after a contract has been entred into
for 30 years, that Trade shou'd be burthen'd with new duties,
and may occasion a misunderstanding with the King of Spain,
and be of ill consequence, etc. Signed, Daniel Wescomb.
Endorsed, Recd. 15th, Read 21st Nov., 1717. 1½ pp. Enclosed, |
|
206. i. Extracts of letters from Messrs. Thompson, Pratter
and Haselwood, Agents of the South Sea Company at
Jamaica, to the Court of Directors, Feb.—Aug. 1717.
Complain of the levying of the tax on re-exported
negroes, and fear the Assembly will lay a higher one,
thinking it an easy way of raising money. The only
way to prevent them imposing what duties they please
on the Company will be an Act of Parliament or H.M.
Instruction to the Govr. that no Act wherein their
interest is concerned shall be in force till his Royal
pleasure be known. 3 pp. |
|
206. ii. Account of negroes sent to the Spanish West Indies
on account of the Assiento from Jamaica, 8th Oct.,
1716. Totals:—Bought in Jamaica 349. Re-exported,
1248. 1¾ pp. [C.O. 137, 12. Nos. 100, 100 i., ii.;
and (without enclosures) 138, 16. pp. 18–21.] |
Nov. 15.
London. |
207. Col. Blakiston to Mr. Popple. Prays for a copy of
the Council of Virginia's complaint as to the Court of Oyer and
Terminer etc. (v. May 4th), that it may be transmitted to Lt.
Governor Spotswood to answer, "besides my Lord Orkny is
desirous to know what allegations ye Councill have urged against
it" etc. Signed, N. Blakiston. Endorsed, Recd., Read 15th
Nov., 1717. Addressed. Holograph. 1 p. [C.O. 5, 1318. No.
31.] |
| [Nov. 16.] |
208. Mr. Byrd to the Council of Trade and Plantations.
Further arguments in support of Oct. 16. Signed, W. Byrd.
Endorsed, Recd., Read 16th Nov., 1717. 1 p. [C.O. 5, 1318.
No. 32.] |
| [Nov. 16.] |
209. A scheme setting forth how the Council of Virginia
stand related to one another. Phillip Ludwell married a sister
of Nathaniel Harrison, and James Blair a sister of Harrison now
dead. William Byrd m. Mr. Ludwell's niece now dead. William
Basset m. Ludwell's half-niece, Edmund Berkley Ludwell's
half-niece now dead. The remaining six Councillors not related
to any of the Council. Endorsed, Recd. (from Mr. Byrd), Read
16th Nov., 1717. ¾ p. [C.O. 5, 1318. No. 33.] |
| [Nov. 18.] |
210. Joseph Micklethwaite, Thomas Reynolds and Anthony
Cracherode to the Council of Trade and Plantations. H.M.
having been graciously pleased to constitute petitioners Secretary,
Provost Martial and Registrar in Chancery of Barbados by three
several patents, they desire the repeal of some old laws of the
Island relating to their offices. By the said laws they are liable
to forfeit their offices, be grievously fined and imprisoned without
bail or mainprize, and declared uncapable of ever serving again
in any office, and the King's Patent sett aside, without a fair
tryal thereupon to be had in any Court of Judicature; and all
this upon the oath of one single witness, before one J.P., that
any of their clerks or servants have taken a larger fee on any
account whatsoever, than is expressed in the said Acts, and for
the encouragement of any person to informe against them, he
is to receive one half of the fine which goes as farr as 10,000 lb.
of sugar. These laws are not agreeable to the Instruction to
Governors that the laws to be passed there are to be as conformable as possible to the Laws of England etc. The fees now taken
by their deputies are reasonable and much smaller than the fees
of Jamaica confirmed by a law of 1711, and they have no salaries,
etc. Signed, Jo. Micklethwaite, Tho. Reynolds, A. Cracherode.
Endorsed, Recd., Read 18th Nov., 1717. 1¾ pp. [C.O. 28, 15.
No. 23; and 29, 13. pp. 426–428.] |
Nov. 18.
Whitehall. |
211. Council of Trade and Plantations to Mr. Secretary
Addison. Enclose the Attorney and Solicitor General's report
(Nov. 14) relating to the Proclamation for suppressing of pirates,
and desire H.M. pleasure concerning the Instructions which
Mr. Attorney and Mr. Sollicitor are of opinion, may be reasonable
for H.M. to give to his several Governors in America upon this
occasion. [C.O. 324, 10. p. 151.] |
Nov. 18.
Whitehall. |
212. Mr. Popple to Governor Lowther. The Council of
Trade and Plantations having received from Barbado's an Act
to confirm and make more effectual certain deeds etc. between
H.E. Robert Lowther and the Right Honble. Cath. Viscountess
Lonsdale and James Lowther etc., past the 16th of March last,
they acquaint you therewith, to Know if you have anything to
offer for or against the said Act. [C.O. 29, 13. p. 436.] |
Nov. 19.
Whitehall. |
213. Same to Mr. Attorney General. Encloses papers
relating to the dispute between the Governor and Council of
Virginia concerning the power of naming Judges in Commissions
of Oyer and Terminer. (v. Aug. 29). Continues: The Council
of Trade and Plantations desire your opinion upon the Queries
inclos'd. (i.) Whether the power granted by H.M. Commission
to his Governour for appointing Commissions of Oyer and
Terminer in Cases of life and limb, be contrary to the Charter or
Laws of Virginia? (ii.) Whether by the said Charter or Laws
the King is precluded from impowering any other persons to be
Judges in said Commissions in conjunction with the Members
of H.M. Council there for the time being? (iii.) Whether H.M.
may by Commission appoint Judges in like cases entirely
exclusive of the Council? [C.O. 5, 1365. pp. 16–18.] |
Nov. 19.
Whitehall. |
214. Same to Mr. Stanhope. Since 16th Oct. (q.v.), the
Council of Trade and Plantations have received another letter
from Genl. Hamilton of the 26th Aug. (extract enclosed), whereby
it appears that the poor inhabitants are actually gone from
Anguilla to settle on Crab Island; And that General Hamilton
apprehends the poor inhabitants in other Islands may be induced
to do the same. I am commanded to desire you will lay the
matter before my Lords of the Treasury, to know of their Lordships, what hopes Genl. Hamilton may give to these people,
that care will be taken of them whenever the French part of
St. Christophers is disposed of. The Lords Commissioners of
Trade think it is of great consequence to hinder, as much as
possible, these people from dispersing themselves in different
small settlements, or removing as it is to be feared they may at
last do, to some foreign Plantations, if H.M. Governors are not
impowered to give, or promise them some encouragement in
our own Plantations. [C.O. 152, 12. pp. 171, 172.] |
Nov. 19.
Whitehall. |
215. Council of Trade and Plantations to Mr. Secretary
Addison. Enclose extract of Governor Lowther's letter of 20th July.
Whereupon we must observe that the Act for trying of pirates
which Mr. Lowther supposes to be expired is revived and is
still in force, and that we did report to H.M. the 18th of Sept.
last our opinion of the necessity of renewing such Commissions;
We are still of opinion that it will be for H.M. service that the
said Commissions be renewed, and that as soon as possible. As
to that part of Mr. Lowther's letter relating to a power of impressing seamen etc., we must submit to H.M. great wisdom how far
an alteration in that Law may be adviseable, so as to lodge
such a power in the several Governors of the Plantations in
conjunction with their respective Councils. We would also
acquaint you that we have lately received from Mr. Heywood
Commander in Chief of Jamaica the same account relating to
the capture of a Virginia ship commanded by Peter Beverly
by a Spanish man of war as we had from Col. Spotswood which
we transmitted to you 6th of Aug. last. [C.O. 29, 13. pp. 436–438.] |
Nov. 19.
Whitehall. |
216. Mr. Popple to Sir Edward Northey. The Council of
Trade and Plantations desire your opinion in point of law, as
soon as conveniently may be, upon the enclosed Act of Barbado's
passed 16th March 1716/17, intituled an additional Act to the Act
to ascertain the payment of bills issued pursuant to the Act to supply
the want of cash, etc. [C.O. 29, 13. pp. 438, 439.] |
Nov. 20.
[Whitehall.] |
217. Mr. Popple to John Marsh. Returns petition of the
Churchwardens and Vestry of St. Philips in Antegoa, which
being to H.M., the Council of Trade think they cannot properly
take notice of it till it has been presented to H.M. and his pleasure
signifyed to them upon it. [C.O. 153, 13. pp. 179, 180.] |
Nov. 21.
St. James's. |
218. Mr. Secretary Addison to the Council of Trade and
Plantations. Refers following for their opinion what H.M. may
fitly do therin. Signed, J. Addison. Endorsed, Recd. 22nd,
Read 25th Nov., 1717. ⅓ p. Enclosed, |
|
218. i. Petition of William Cockburn to the King. On 9th
March 1716, petitioner was appointed Secretary of
Jamaica, and dismissed by Mr. Heywood 6th Aug.,
1717. Petitioner was appointed to receive half the
profits, and for the other half to be accomptable to the
Patentee. But Mr. Beckford, Attorney to the Patentee,
claimed the whole profits, £595 3s. 10d., as due to
Samuel Page, Deputy to the Patentee, notwithstanding
Page had deserted that office without the privity of the
Governour before petitioner was appointed. Petitioner
was obliged to come to England with Lord A. Hamilton,
and learns that Governour Heywood has given a decree
in Chancery against him for £641 5s. 8d. and £31 7s. 6d.
costs, which his Attorneys have paid to Mr. Page,
i.e. £115 9s. 7½d. more than he ever received. By a
General Instruction, Governours are restrain'd from
allowing of appealls under the value of £500 sterl.,
whereby petitioner is entirely left without any relief
in this unparallel'd case, unless your Majesty shall be
graciously pleas'd to give directions for the rehearing
of petitioner's cause etc. Prays for relief. 2 pp. [C.O.
137, 12. Nos. 101, 101 i.; and 138, 16. pp. 21–26.] |
Nov. 21.
Whitehal. |
219. Council of Trade and Plantations to the King. Recommend John Parker, Peter Fretwell and John Wells for the
Council of New Jersey, etc. [C.O. 5, 995. p. 340.] |
Nov. 21.
Whitehall. |
220. Council of Trade and Plantations to Mr. Secretary
Addison, We have prepar'd the draughts of a Commission and
Instructions for Capt. Woodes Rogers to be H.M. Governor of
the Bahama Islands (v. Sept. 3), which we hope will be sufficient
till upon the informations that shall be receiv'd from him after
his arrival there, of the true state and condition of those Islands
H.M. shall be pleas'd to establish a civil Government there,
which will require a more ample Commission and Instructions.
We have receiv'd pursuant to H.M. directions signified to us by
your letter of 23rd Oct. last a surrender from four of the Proprietors of the Bahama Islands to H.M. of their right to the
Government there, and shall take care to send the same to Mr.
Attorney General to be enroll'd in Chancery according to H.M.
Orders; But whereas there are six Proprietors of the said Islands
and only four of them have sign'd to the said surrender We have
sent to Mr. Attorney General for his opinion how far the same
may be valid and effectual in Law to conclude the persons that
have not signed. Annexed, |
|
220. i. H.M. Commission to Woodes Rogers to be Governor
of the Bahama Islands. Whereas by reason of the
great neglect of the Proprietors of the Bahama Islands
the Government of the said Islands is fallen into great
disorder and confusion, by means whereof not only the
publick peace has been disturbed and the administration of Justice (whereby the proprieties of Our
subjects should have been preserv'd there) entirely
stopp'd but there has also been an utter want of provisions for the guard and defence of the said Islands
against an enemy, insomuch that most of the inhabitants
are fled from the same, whereby the said Islands are
expos'd to be plunder'd and ravaged by pirates and
others, and in danger of being lost from Our Crown of
Great Britain; And whereas the Proprietors being
sensible that the said Islands and Our good subjects
the inhabitants thereof, cannot be defended and
secur'd by any other means than by Our taking the
Government of the same under Our Royal Protection
and immediate care, have executed and made a formal
and entire surrender of their right or pretended right
and title to the Government thereof unto us; Now
know ye that We, etc. by these presents do constitute
and appoint you Woodes Rogers to be Our Captain
General and Governor in Chief in and over our said
Islands, and of the Garrison we shall send thither,
etc. And for the better administration of Justice
and management of the publick affairs of our said
Islands, We hereby give and grant unto you full power
and authority to choose nominate and appoint such
fitting and discreet persons as you shall either find there
or carry along with you not exceeding the number of
twelve to be of our Council in our said Islands till Our
further pleasure be known, any five whereof we do
hereby appoint to be a Quorum. Which being done
you shall yourself take and administer unto each of
the Members of Our said Council as well the oaths
appointed to be taken instead of the oaths of Allegiance
and Supremacy, and the oath mention'd in the Act
to secure H.M. person and the Protestant succession, as
also to make and subscribe, and cause them to make
and subscribe the Declaration mention'd in the Act
for preventing dangers which may happen from Popish
Recusants. And you and every one of them are to
take an oath for the due execution of your and their
places and trusts, etc., and likewise the oath requir'd
to be taken by all Governors of Plantations to do their
utmost, that the Laws relating to the Plantations be
observ'd; all which oaths We do hereby impower any
five of our said Council to administer to you. And we
do hereby give and grant unto you full power and
authority to levy arm muster command and employ
all persons whatsoever residing under your Government,
and to execute martial Law in time of invasion, insurrection or war, etc., And to the end that the industry
of our good people and their posterity may have all
good and possible encouragement, We do by these
presents give and grant unto you the said Woodes
Rogers, with the advice of the said Council or any five
of them power and authority to give one or more
Commission or Commissions unto one or more of our
subjects addressing themselves unto you for the finding
out of what trades shall be most necessary to be undertaken for the good and advantage of the inhabitants
of the said Islands; And We do hereby further give
full power and authority to you the said Woodes Rogers
to do execute and perform all and every such further
act and acts as shall or may tend or conduce to the
security of our said Islands and the good people thereof,
and to the honour of our Crown; And We do hereby
further give unto you or any five or more of the Council
power to administer the oaths etc. And Our further
will and pleasure is, and we do by these presents will
require and command the several officers, Ministers
and other the soldiers and people in the said Islands,
that they in their several places be obedient, aiding
helping and assisting unto you, etc. Given at Our
Court at St. James's the 16th day of January, 1717/18.
Countersigned, J. Addison. |
|
220. ii. H. M. Instructions to Governor Woodes Rogers. You
are to publish your commission, appoint Councillors
and send us their names etc. To transmit the names
of 12 persons best qualified for that trust etc., and by
the first opportunity and afterwards as often as may be
a true state of the said Islands, particularly with respect
to the numbers and qualifications of the people that
either are or shall resort thither, what number it may
be proper to constitute the Assembly of; what persons
are proper and fit to be judges Justices and Sherriffs;
and any other matter or thing that may be of use to us
in the establishing a civil Governmt. as aforesaid.
In the meanwhile till We shall have establish'd such
a Government you will receive herewith a copy of the
several Instructions by Us given to Our Governor of
Jamaica [i. e. Sir Nic. Lawes, Ed.], which are to be as
a rule to you as near as the circumstance of the place
will admit, in such things as they can be applicable to,
till Our further pleasure be known; But you are not
to take upon you to enact any laws till We shall have
appointed an Assembly and given you directions for
your further proceedings therein; neither are you to
suspend any of the members of Our said Council without
good and sufficient cause which you are to signify to
Us and to Our Commissrs. for Trade and Plantations
etc. [C.O. 24, 1. pp. 2–12.] |
Nov. 21.
Whitehall. |
221. Mr. Popple to Mr. Attorney General. Four of the
Lords Proprietors of the Bahama Islands have executed a deed
of surrender of their right of Government to H.M.; but two
being minors have not sign'd. The Council of Trade and
Plantations desire your opinion whether such a surrender
without the hands of all be valid and effectual. [C.O. 24, 1.
p. 13.] |
Nov. 22.
St. James's. |
222. Mr. Secretary Addison to the Council of Trade and
Plantations. Refers following for their report thereon. Signed,
J. Addison. Endorsed, Recd. 28th Nov., Read 1st Dec., 1717.
¼ p. Overleaf, |
|
222. i. Petition of John Plowman of London, Fishmonger,
and Robert Shard of London, merchant, to the King.
There are great quantitys of sturgeon imported from
Sweden. There are great quantitys to be found in
America equally as good but for want of knowing the
art of curing them they have been of no advantage to
your Majesty's subjects. Petitioners have with great
labour and expence found out and acquired the art of
preserving them and have already experimented it
having imported some taken and cured by their agents
in America, etc. Pray for patent for the sole use and
benefit of taking cureing preserving and vending such
sturgeon etc. Signed, John Plowman, Robt. Shard.
1 p. [C.O. 323, 7. Nos. 115, 115 i.; and 324, 10.
pp. 152–155.] |
Nov. 22.
N. York. |
223. Governor Hunter to Mr. Popple. Abstract. All is
well in both Provinces and a perfect harmony reigning amongst
all partys, which only meets with small shocks and jarrs from the
worthy plaintiffs on your side who continue to write the most
notorious falshoods relateing to me etc. That poor troublesome
old man, whose memorial is now referred to the Board etc.,
has sent over of late some blank petitions which his few
friends carry round the county for subscriptions etc. Acknowledges his indebtedness to the Board, "even in bad times my
most just masters and worthy patrons," and to Mr. Popple
etc. Set out, N. Y. Col. Docs. V. 493. Signed, Ro. Hunter.
Endorsed, Recd. 7th, Read 27th Jan., 1717/18. Holograph. 4 pp.
[C.O. 5, 1051. No. 43; and 5, 1123. pp. 492–494.] |
Nov. 23.
Whitehall. |
224. Bryan Wheelock to the Principal Officers, of H.M.
Board of Works. Applies for repair of "one of the closets in
the office in the cockpit," which "being very much out of repair
the books and papers" of the Office "are thereby greatly
damaged." [C.O. 389, 37. p. 133.] |
| Nov. 25. |
225. Francis March to the Council of Trade and Plantations.
Repeats request for copy of Ld. A. Hamilton's order by his
Secretary William Cockburn to Francis Fernando to pay to
Thomas Bendish one third part of the effects etc. taken from on
board the Spannish sloop by Fernando, which order is entered in
the Council Minutes 8th June, 1716, and is referd to in the
Articles exhibited by the Governor and Council against Ld.
Archibald etc. Signed, Francis March. Endorsed, Recd., Read
27th Nov., 1717. 1 p. [C.O. 137, 12. No. 102; and 138, 16.
pp. 28, 29.] |
Nov. 25.
Whitehall. |
226. Mr. Popple to Mr. Wachter. Reminds him that the
Council of Trade and Plantations desire to speak with Mrs.
Low out of hand (v. 14th Oct.). [C.O. 5, 915. pp. 63, 64.] |
Nov. 25.
Philadelphia. |
227. Lt. Governor Keith to the Council of Trade and
Plantations. Acknowledges letter etc. of 16th May. Continues:
I immediately gave directions accordingly, copy enclosed. But
as formerly the Office of Surveyor Genl. of the Customs in these
parts gave me an opportunity to be acquainted with the Plantation Trade that now seems to be complain'd of, I presume it is
my duty to inform your Lordships that altho' the King's subjects
did then, and I believe still do trade both with the French and
Spanish Settlements in America at their own peril and risque
of being taken and confiscated by the French etc. according
to the tenor of the Treaty [of Peace and Neutrality], yet I never
could learn or discover that any trade was carried on by the
French to the British Settlements in violation of the Act of
Navigation. I will not take upon me to say how far it would be
convenient for H.M. interest more strictly to prohibite all
clandestine trade with the French and Spaniard in America in
our own shipping, which indeed is not restrained by any law or
Act of Parliamt. that I know of. But whereas a great part
of the returns commonly made by this clandestine trade are the
produce of the French settlements such as sugar, cotton, indigo
etc. which being transported to the English Colonies pays no more
duty than what is laid on the product of H.M. own Plantations,
I am of opinion it would be both convenient and profitable to
lay a greater duty in America on the product of forreign Plantations than what is laid upon our own, which would oblige our
Adventurers not to return anything but bullion from their trade
with forreigners unless at the cost of a revenue to the Crown,
etc. Signed, W. Keith. Endorsed, Recd. 27th, Read 28th, 1717
(1718). Addressed. Seal. Postmark. 2 pp. Enclosed, |
|
227. i. Lt.-Governor Keith to the Naval Officer and Collector
of Customs in Pensilvania. Instructs them to act in
accordance with instructions of 16th May, 1717. Philada.
Nov. 25, 1717. Copy. 1½ pp. [C.O. 5, 1265. Nos.
89, 89 i.; and (without enclosure) 5, 1293. pp. 134, 135.] |
| Nov. 25. |
228. Ambrose Philips to the Council of Trade and Plantations.
Mr. Francis Harrison, for whom Brigadier Hunter has applied
for a dormant warrant to fill any vacancy in the Council of New
York, is a person of singular merit, capacity and zeal towards the
Protestant succession, well educated, conversant in business,
with a perfect knowledge of the country etc. Endorsed, Recd.
25th, Read 26th Nov., 1717. 2¼ pp. [C.O. 5, 1051. No. 41;
and 5, 1123. pp. 490, 491.] |
Nov. 26.
Whitehall. |
229. Mr. Popple to Sir Edward Northey. Encloses Memorial
of Messrs. Micklethwaite etc. (v. Nov. 18). "relating to 4 Barbado's Laws contained in the inclosed book and numbered 41,
42, 108, 145. The Council of Trade and Plantations desire your
opinion thereupon," etc. [C.O. 29, 13. p. 439.] |
Nov. 26.
Whitehall. |
230. Council of Trade and Plantations to Mr. Secretary
Addison. In obedience to H.M. commands signifyed to us by
your letter of 25th Sept. we have had under our consideration
the Memorial of Monsieur D'Ibberville etc. Upon this occasion
we have discoursed with such Gentlemen as were most capable
of giving us the proper informations about this affair, and have
considered some Addresses and Representations to H.M. from
the Lt. Governor, Council and Assembly of Nevis, as likewise
several depositions on oath of the principal inhabitants of that
Island, and other papers, all which relate to the Capitulation,
and were laid before this Board some time ago. By the accounts
given us by those Gentlemen and the contents of these papers,
it appears, that the inhabitants of Nevis did agree to a capitulation on the conditions expressed in the Memorial of the Sieur
D'Ibberville, that this Capitulation was signed on the 4th of
April, and was observed on the part of the inhabitants, as far as
was in their power, but was broke by the french in several respects,
particularly by their burning houses, and destroying all the
publick Records of that Island; That some days after the signing
this Capitulation vizt. on the 19th of the same month, the
inhabitants did indeed sign a second agreement to the effect set
forth likewise in the Sieur D'Ibberville's Memorial, but this
second agreement was not proposed by themselves as is alledged
in the said Memorial, for it was forced upon them by threats
and ill treatment, of which many strong and particular instances
are given in the aforesaid addresses, representations and
depositions. The reason given by the Sieur D'Ibberville in his
memorial for the making this second agreement is, that the
inhabitants had not performed an Article of the Capitulation,
whereby they were to deliver up to him all their negroes; In
answer to which, we find it is alledged in behalf of the inhabitants,
that in pursuance of that article they did deliver up as many of
their negroes as were in their power, and that the French did
actually carry off the Island upwards of 3000 negroes, besides
several effects of considerable value, but the rest of the negroes
escaping to the woods on the mountains, and being no longer
in their masters power the French themselves attempted in vain
to force them thence, from whence it may be concluded that the
french were convinced there had not as yet been any wilfull
neglect in the inhabitants in this particular, and as no person
can be obliged to do anything that is not possible to be performed,
the French had no reason to make use of this pretence for imposing
upon the inhabitants a new agreement when a reasonable time had
not as yet been allowed them for the performance of the old
one; and that this was the sence of both parties concerned in
that capitulation appears to us by a deposition in these words
"That in March 1706 about the 25th day, this deponent went
where the officers were in the Dodan, whither came to them as
a truce with Articles from the French, two gentlemen one of
which had the title of Major, the other as an Interpreter who
produced their Articles which being read that Article by which
they would have us bring in all our negroes was objected against
by us, saying it was not in our power as they were then in the
woods, the Interpreter told the Major what we said, and he by
his Interpreter told us that the General did not expect anything
of us but what was in our power, Captain Dunbar took the Articles
and wrote the same words in the margent against the said
Article." But the true reason why the French proposed this
second agreement as the inhabitants affirm, was that they
found it would require more time than they at first imagined,
to force the negroes in the mountains to surrender, and having
received intelligence of the arrival of an English squadron in
those parts, the French were in hast to quit the Island; wherefore
making use of the advantage they got by the Capitulation,
whereby the inhabitants had put themselves entirely into their
power they forced them to submit to a second agreement more
advantagious to the conquerors. We observe the Sieur D'Ibberville affirms (Sept. 25) that he performed religiously on his part
all the conditions of the capitulation and agreement: yet we
find it set forth in the aforesaid addresses, representations and
depositions, that the French destroyed houses, blew up the fort
and magazine and carryed off several negroes after, and contrary
to the express conditions of this second agreement, notwithstanding several representations and complaints which were
made to the said Sieur D'Ibberville of such infractions of that
agreement as well as of the capitulation. We observe likewise
that the Sieur D'Ibberville in his Memorial makes a demand of
20,000 livres for subsisting at Martinico the hostages he carryed
off with him from Nevis, yet we find by an account which was
joyned to a representation to H.M. from the Lt. Governor,
Council and Assembly of Nevis, that £2576 sterl. had at different
times been sent from Nevis to Martinico for the subsistance of
those hostages to the 7th Sept., 1715, and the Gentn. concerned
in the affairs of that Island, whom we discoursed with on this
occasion, assured us that further remittances have since that
time been made for the same purpose. This appears to us to
be a true state of this affair according to the accounts given us
by the Gentlemen we discoursed with, and by the several papers
lodg'd in our Office, compared with the Sieur D'Ibberville's
Memorial; We shall not determine whether any violent means
used by the French to make the inhabitants sign the second
agreement, or the breach of several conditions of this agreement
on the part of the French as well as of the capitulation, may
discharge the inhabitants from making good the whole or any
part of those agreements; But we think this matter might be
best determined by Commissaries to be appointed for this purpose,
as by the 11th Article of the Treaty of Peace concluded at
Utrecht was agreed to be done, and this method seems to be the
more proper because it appears by the said 11th Article that the
French were to have justice done them about the capitulation of
Nevis, in consequence only of a determination to be made by the
same Commissaries who were to consider and to adjust likewise,
and in the first place, as the tenour of the Article seems to import,
the demands of the Company of Hudson's Bay, and of the
inhabitants of Mountserrat, for damages done them by the
French during the Peace, and for which reparation is expressly
promised by that Article but has not yet been made. We
further find that on 13th May, 1714, this Board writ a letter to
the Lord Bolingbroke to represent and to desire that H.M. might
be pleased to signify to the Court of France the necessity of
appointing Commissaries to treat of several matters pursuant
to the 10th, 11th and 15 Articles of the Treaty of Peace, the
french Commissaries who were then here having no power to
treat about those matters, and we cannot but take notice
that neither in the Memorial of Monsr. D'Ibberville the Envoy,
nor in that of the Sieur D'Ibberville the Commander, any mention
is made of the aforesaid 11th Article of the Treaty of Peace, so
that it would seem as if the French themselves declined entring
into the proper method assigned by that Article for determining
their demands about the capitulation of Nevis. Since therefore
this affair cannot in our opinion be so well setled in any other
way as by the method abovementioned which is likely to prove
very dilatory on the part of the French it would be a very great
hardship, that Mr. Char. Earle the only one of the Nevis hostages
now remaining at Martinico should be any longer detained there,
wherefore we beg leave humbly to offer to H.M., that he would
be graciously pleased to interpose with the Court of France that
the said Mr. Eafiedrle may be set at liberty, which we conceive may
be done without prejudice to the demands of the French, because
they are entituled by the aforesaid 11th Article of the Treaty of
utrecht to have due satisfaction for their demands, when they
shall be found to be just. [C.O. 153, 13. pp. 197–205.] |
Nov. 27.
Treary. Chambers. |
231. Charles Stanhope to Mr. Popple. Having laid before
my Lords of the Treasury your letter of the 19th instant whereby
their Lordps. understand that the Lords Commrs. of Trade,
think it is of great consequence to hinder as much as possible the
poor inhabitants of the Leeward Islands from dispersing themselves into other settlements (as they seem inclined to do) for
want of encouragement where they now are etc.; my Lords of
the Treasury will be ready when opportunity offers of giving to
the said poor inhabitants all due encouragement to the best of
their Lordps. power. Signed, C. Stanhope. Endorsed, Recd.
29th Nov., Read 2nd Dec., 1717. Addressed. 1 p. [C.O. 152,
12. No. 57; and 153, 13. p. 180.] |
Nov. 27.
Whitehall. |
232. Mr. Popple to Mr. Attorney General. Encloses, for his
opinion, Mr. Cockburn's petition and the decree of the Court of
Chancery of Jamaica referred to (Nov. 21st). Continues:—I am
to observe to you that by a clause of the King's Instructions to
the Lord A. Hamilton (enclosed), which has been the same to
all other Governors, his Lordship was impowered to appoint
officers upon the suspension or absence of the persons officiating
patent places and that Mr. Page, as appears by a letter under his
own hand to the Lord Archibald Hamilton, left his office and
the Island of Jamaica, contrary to the Laws of that Island and
without the Governor's knowledge and consent. |
|
I am further to inclose to you a copy of Mr. Congreve's patent
and thereupon to desire your opinion upon Mr. Cockburn's
petition, whether H.M. may grant an order for rehearing the
cause there, or what H.M. may do for his relief therein. [C.O.
138, 16. pp. 26–28.] |
Nov. 27.
Westminster. |
233. Copy of Privy Seal directing salaries to the Commissioners for Trade and Plantations, Earl of Suffolk and Bindon,
John Chetwynd, Sr. Charles Cook, Paul Docminique, John
Molesworth, Thomas Pelham, Daniel Pulteney, and Martin
Bladen, and to William Popple, Secretary, and Bryan Wheelock,
Deputy Secretary, etc. Signed, J. Wooddeson Depty. Endorsed,
Recd. 6th, Primerd, 9th Dec., 1717. 4 pp. [C.O. 388, 77.
No. 30; and 389, 37. pp. 134–139.] |
Nov. 27.
St. James's. |
234. Order of King in Council. Appointing John Parker,
Peter Fretwell and John Wells to the Council of New Jersey,
etc. Signed, Edward Southwell. Set out, N. J. Archives, 1st
Ser. iv. 331. Endorsed, Recd. 30th, Read 31st Jan., 1717/18. 1¼ pp.
[C.O. 5, 971. No. 69; and 5, 995. pp. 427, 428.] |
