|
| [Dec. 2.] |
235. Account of moneys paid by Governor Hunter for
sustenance etc. of the Palatines. Spent, £32,071 13s. 10d.
Received from Treasury £10,000, and for goods sold, £800.
Balance due, £21,271 13s. 10d. Endorsed, Recd. (from Mr.
Philips 2nd Dec., 1717, Read 25th Feb., 1717/18. 2 pp. Torn.
[C.O. 1051. No. 55.] |
Dec. 3.
N. York. |
236. Governor Hunter to Mr. Popple. Abstract. I send the
Quarterly accounts of the export and import, by which their
Losps. will observe how vastly increas'd the Navigation and
Trade of this place is of late which in a great measure is owing
to the currency of bills of credit upon so good and solid fond as
that of the Excise our bills being ev'n on the Exchange of Boston
25 pr. cent. better then their own. I mention this because the
bill for payt. of the remainder of publick debts past the house of
Representatives and now depending before the Council, meets
with some opposition or threatned opposition from men of
private views piques and intrests, the true cause of which whatsoever the pretended one be is that this as the former one did
incourages and enables the many to venture their stocks in trade
to the prejudice of the few who had so long monopoliz'd it etc.
Continues:—If the bill does passe, for I as yet know not its fate,
I shall be able to convince their Losps. of the reasonableness and
justice of it, it being really no other then an Act extending the
former to such persons and claimants as were by that bill precluded their just demands by absence nonage neglect or the
prevailing humor in that Assembly, making provision for publick
charges not before provided for, (as particularly the Agency,
incidents of Govt. etc.) and in effect for quieting the minds of all
H.M. subjects on this side. Requests his good offices in
prosecuting his claim in Parliament, and promises that he will
not be content with a bare acknowledgment of his indebtedness
to him. Signed, Ro. Hunter. Endorsed, Recd. 7th, Read 27th
Jan., 1717/18. 3½ pp. Set out, N.Y. Col. Docs. V. 494. [C.O. 5,
1051. No. 44; and 5, 1123. pp. 494–496.] |
Dec. 3.
Whitehall. |
237. Council of Trade and Plantations to the Earl of
Sunderland. We are informed, that on the last Council day,
upon reading a representation from our Board, 16th Oct., upon
certain laws, passed in the Leeward Islands, wherein we set
forth, that we had consulted H.M. Attorney and Sollicitor
General concerning those laws, Mr. Attorney and Mr. Solicitor
were pleased to acquaint the Council, that they had never given
any opinion, concerning the said laws; Whereupon the consideration of our report was laid aside. In justice therefore to
ourselves, we beg leave to send your Lordship a duplicate of the
said report, together with attested copies of Mr. Attorney and
Mr. Sollr., their opinions upon the laws therein mentioned;
your Lordp. will be pleased to observe, that we have inserted
Mr. Attorneys own words in our report, where we make use of
his authority to support our opinion, and have kept strictly to
the Solicitors sence where we mention the Law, on which we had
his opinion. We must intreat your Lordship to do us the honor
of acquainting H.M. in Council at the next meeting with the
true state of this affair, that H.M. may be sensible of the great
wrong Mr. Attorney and Mr. Sollicitor have done us upon this
occasion. [C.O. 153, 13. pp. 181, 182.] |
| [Dec. 4.] |
238. Richard Beresford to the Council of Trade and
Plantations. It has been long foreseen and complain'd of, that
ye French had a design to dispossess us of all our Plantations
in the Continent of North America towards which they have been
very industrious to make discoverys in those parts, and particularly to find out a way of communication betwixt ye Great
Rivers of Quebec and Mississippi. Having effected this by ye
travels of M. la Salle and Baron La Hontan, Lewis XIV gave a
patent of those new discoverys to M. Crozat in Sept. 1712 under
ye name of Louisiana, which not only takes in all that vast
country ye Spaniards call Florida but all that part of ye Continent from ye River Mississippi on ye South to Lake Frontenac
in ye R. of Canada on ye North from Lon. 282–302, which
according to La Hontan's map is almost 3000 m. and together
with Canada encompasses all our English plantations on ye
Continent by land; so that this grant is a direct encroachmt. on
ye patent from our Crown to ye Proprietors of Carolina which
extends their grant from ye North to ye South Sea. M. Crozat,
having surrender'd his patent to the present French King, His
Majesty conferr'd it in August last for 25 years on a trading
Society call'd the Western Company of France with very ample
powers and privileges an abstract of which is to be seen in the
French Amsterdam Gazette of — and in the Flying Post of
Sept. 26th. The danger which this grant threatens to all our
plantations on the Continent, appears not only from ye situation
of these French Colonys, but also from the Articles which empower
this Western Company to make alliances war and peace with all
the Nations in ye Country that are not dependant on other
European powers, allow them to build and garrison fortification
in their Colonys and to raise soldiers in France, empower them
to fit out as many ships of war as they shall think necessary,
assure them of his protection by force of arms if needful and
allow them all his forts canon arms ammunition and shipping
in that country whither they are oblig'd to transport 6000 whites
and 3000 blacks. This grant with ye assistance of ye French in
Canada and ye Indian Nations that are already brought into
alliance with them will enable ye French effectually to put in
execution La Hontan's project either to draw over ye Iroquese
Indians etc. to their interest and to engross all ye commerce of
those Nations, now in ye hands of the English of New York,
or if ye Iroquese etc. don't willingly come into it, ye French may
force them by building forts in ye places he mentions etc. We
don't know how far this is effected already but have good information that ye French and their Allies design to fall upon ye
Chiriquese, an Indian Nation in amity with us upon the bank
[? back Ed.] of Carolina, and as they may easily do ye like to
those in friendship with us on ye back of our other plantations
we shall not only lose all our commerce with ye natives, which
will sink our trade but be evidently expos'd to be drove out of
ye Continent by the French and their numerous Allies; and
what a loss as well as disgrace this will be to England 'tis not
easy to be conceiv'd and far less to be express'd. It is therefore
humbly propos'd to ye Government that they wou'd be pleas'd
to think of proper methods to assert the sovereignty and honour
of ye Crown of England against such encroachments and in ye
mean time to take such measures as may defend our plantations
from ye wars already begun in Carolina and ye others that are
daily fear'd from ye French and their Indian Allies elsewhere,
towards which defence La Hontan's proposals p. 237 may perhaps
deserve to be consider'd. Signed, Richd. Beresford. Endorsed,
Recd. 4th, Read 12th Dec., 1717. 2 pp. [C.O. 323, 7. No. 117.] |
Dec. 4.
Whitehall. |
239. Mr. Popple to John Bernardo de Guardia and Peter
Diharce. Requests early delivery of proofs relating to the
seizure of the Spanish bellandra, promised to the Board Oct. 15
etc. [C.O. 138, 16. pp. 29, 30.] |
Dec. 4.
St. James's. |
240. H.M. Commission to Robert Irvine to be Surgeon to
the two Independent Companys in Jamaica. Countersigned,
Sunderland. [C.O. 324, 33. pp. 116, 117.] |
Dec. 4.
Whitehall. |
241. Mr. Popple to Sir Wm. Thompson. Desires his opinion
as soon as possible in answer to his letter of Oct. 7th. [C.O. 5,
915. p. 64.] |
| Dec. 5. |
242. Mr. Solicitor General to Mr. Popple. I had obeyed ye
commands of ye Lords Commrs. June last immediately after,
if ye petitioners for ye tract of land between Nova Scotia and ye
Province of Main had not been ye occasion of theire own delay:
I desired theire agent to summon all partyes who had given in
memorials against ye petition, and I fix'd a day for a hearing,
and I found three different partys not summon'd, ye vacation
came on when I was at leisure, I order'd fresh summon's, but I
found some of ye partys out of town, and theire, agents applyed
for time till theire writings could be produced, I could not in
justice deny theire request. It was some time in last month
before all partys could be ready etc. I hope ye beginning of
next week to be able to obey the commands of ye Lords etc.
Signed, Wm. Thomson. Endorsed, Recd. 6th, Read 9th Dec.,
1717. Holograph. 3 pp. [C.O. 5, 866. No. 129.] |
Dec. 5.
Whitehall. |
243. Mr. Popple to Sir Wm. Thomson, Sollicitor Genll.
Encloses Act of New Jersey, 1717, to repeal Act ascertaining the
place of sitting of the General Assembly, etc., for his opinion thereupon in point of law as soon as possible. [C.O. 5, 995. pp. 417,
418.] |
| Dec. 6. |
244. Mrs. Anne Low to Mr. Popple. In obedience to this
Honble. Board's commands for my appearance before them next
Tuesday I have to request you will let them know I quitt my
pretention to ye patent for catching and curing sturgeon in my
name in H.M. Dominions in America, etc. Signed, Anne Low.
Endorsed, Recd. 6th, Read 9th Dec., 1717. Addressed. ½ p.
[C.O. 323, 7. No. 116.] |
Dec. 6.
Whitehall. |
245. Mr. Popple to Mr. Carkesse. The Council of Trade
and Plantations desire an account of all imports and exports
to and from New England for 3 years last past etc. [C.O. 5, 915.
p. 69.] |
Dec. 6.
London. |
246. B. de Guardia and P. Diharce to Mr. Popple. Reply
to Dec. 4. Wee shall wayte on the Board Tuesday next with the
etc. Signed, Bernardo de Guardia, P. Diharce. Endorsed,
Recd. 6th, Read 9th Dec., 1717. 1 p. [C.O. 137, 12. No. 103.] |
Dec. 9.
Whitehall. |
247. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose office accounts from Lady
day to Michaelmas. Accounts annexed. [C.O. 389, 37. pp.
141–143.] |
| Dec. 9. |
248. Mr. Solicitor General to Mr. Popple. I have considered
the Act of New Jersey to repeal the Act for the ascertaining the
place of the sitting of the Assembly, etc., and as the Act to be
repealed was made so lately as the eight year of Queen Ann and
is found to be inconvenient and asserted to be contrary to the
Royal instructions I doe not apprehend that there can be any
scruple why H.M. should not approve of this Act sent over which
leaves the place to be appointed as shall be most convenient and
the rather for that the Act to be repealed was a restraint of the
King's prerogative. Signed, Wm. Thomson. Endorsed, Recd.
9th, Read 10th Dec., 1717. ¾ p. [C.O. 5, 971. No. 64; and 5,
995. pp. 418, 419.] |
Dec. 10.
Whitehall. |
249. Mr. Popple to Mr. Attorney General Requests immediate reply to enquiry of Nov. 21, as to validity of the
surrender of the Bahama Islands, etc. [C.O. 24, 1. p. 14.] |
| Dec. 10. |
250. Mr. Attorney General to [? Mr. Popple]. Reply to
preceding. I am of opinion a surrender by four, where six are
seized, can only convey and extinguish thereby four parts in
six, of what the parties enjoyed. However H.M. being intituled
under four to four parts of the Government, which is entire,
he may execute the whole. And I do not know that the other
two can be co-partners with H.M. in governing. For which
reason and that there might not be an extinguishmt. by surrender, I apprehend as this case is, a grant to the Crown of the
four parts might be more proper. Signed, Edw. Northey.
Endorsed, Recd., Read 11th Dec., 1717. ½ p. Enclosed, |
|
250. i. Copy No. 249. [C.O. 23, 1. Nos. 7, 7 i.] |
| Dec. 10. |
251. Mr. Clayton to Mr. Popple. Refers to above opinion
of the Attorney General. Signed, Alex. Clayton. Endorsed,
Recd., Read 10th Dec., 1717. Addressed. 1 p. [C.O. 23, 1.
No. 6.] |
Dec. 10.
London. |
252. Agents of the Spanish owners of the Nostra Signora de
Bethleem to the Council of Trade and Plantations. Refer to
their previous petition and enclose proofs etc. Signed, Bernardo
de Guardia, Pr. Diharce. Endorsed., Recd. 10th Dec., 1717,
Read 13th Jan., 1717/18. 3 pp. Enclosed, |
|
252. i. Copy of Minutes of Council of Jamaica, Sept. 1, 1716.
11½ pp. |
|
252. ii. Copy of protest of John Rolfe, procter for Don Manuel
de Arambura on behalf of the owners, against the
condemnation of the sloop Kensington (=Nostra
Signora de Bethleem). Rolfe was refused the aid of
Council in Court and not given time to make a proper
defence etc. 13th Aug., 1716. Signed, Jno. Rolfe,
Manuel de Arambura. 3 pp. |
|
252. iii. Copy of condemnation of the sloop Kensington and
her cargo, 16th March, 1716. Signed, Jno. Warner,
Judge of the Admiralty, Jamaica. 1 p. |
|
252. iv. Copy of bond given upon appeal from preceding
sentence. 27th March, 1716. Signed, Lewis Galdy,
Daniel Axtell. 1 p. |
|
252. v. Copy of appeal referred to in preceding. Signed,
Manuell de Aramburu, Juan Patricio Grant. 7 pp. |
|
252. vi. Copy of enquiry into the seizure of the Nostra
Signora de Bethleem before the Marquis de Casatorres,
Governor of Havana, and his decree that letters be
despatched to the Governor of Jamaica for restitution
etc. 26th and 27th Jan., 1716. Translated from the
Spanish, 74 pp. |
|
252. vii. Estimation of the value of the Nostra Signora de
Bethleem, her cargo and damages accruing from her
seizure. Total:—£36,723 1s. 4d. London. 10th Dec.,
1717. Signed, Bernardo de Guardia, P. Diharce. 1¼ pp. |
|
252. viii. Previous estimate of preceding. Total:—£37,485.
July 24, 1717. Signed as preceding. [C.O. 137, 12.
Nos. 107, 107 i.–viii.] |
Dec. 10.
Whitehall. |
253. Mr. Popple to Mr. Sollicitor General. Encloses printed
book of New Jersey Acts and desires his opinion in point of law
as soon as may be upon the Act to lay a duty upon wheat exported
out of the Eastern Division etc., the Act that the solemn affirmation
and declaration of the people called Quakers shall be accepted
instead of an oath etc., and the Acts for inforcing the observation
of the ordinance for establishing fees, 1713 and 1717. [C.O. 5, 995.
pp. 419, 420.] |
Dec. 11.
Whitehall. |
254. Council of Trade and Plantations to the King. Recommend for H.M. approgation Act of New Jersey to repeal the Act
for ascertaining the place of sitting of Assembly etc. [C.O. 5, 995.
pp. 420, 421.] |
Dec. 11.
Whitehall. |
255. Council of Trade and Plantations to Mr.Secretary
Addison. Refer to letter of Nov. 21 and quote Mr. Attorney
General's opinion (No. 250). Upon which we only take leave
to observe that the two Proprietors who have not executed
the surrender, are Minors, which is the only reason, as we are
inform'd, why their Trustees have not sign'd for them; However
we are of opinion from the reports of former Attornies and
Sollicitors General, that had not this surrender been made, the
Proprietors by their long neglect in providing for the security
of the said Islands and H.M. subjects inhabiting there, had
forfeited their right to the Government of those Islands, and that
H.M. might legally provide both for the civil and military Government there; Since therefore the Parliament have now voted the
necessary supply demanded by H.M. for the security of these
Islands, and since Capt. Rogers together with his friends, who are
Adventurers upon this occasion, do actually stand at a considerable daily expence in demurrage on the ships which they have
at their own charge fitted out for transporting the new Governor
with his stores, ammunition, provisions and garrison to Providence, we would intreat you to lay the said Commission and
Instructions as soon as conveniently may be before H.M. for
his Royal Signature. [C.O. 24, 1. pp. 15–17.] |
Dec. 12.
Whitehall. |
256. Council of Trade and Plantations to Mr. Secretary
Addison. Enclose Mr. Beresford's report (Dec. 4.) of the French
designs etc. Continue:— This has been further confirm'd to us
by Mr. Cuming Surveyor of ye Customs at Boston; By wch.
means all H.M. Provinces on the Continent are inclos'd between
the said French settlements and the sea. Upon this occasion
we are writing to H.M. Governors in North America for their
opinion what may be proper to be done for preventing the
inconveniencies that may happen from the French extending
their settlements in this manner etc. [C.O. 324, 10. pp. 156,
157.] |
Dec. 12.
Whitehall. |
257. Same to Same. Pursuant to H.M. commands, Sept.
3rd, enclose following. Annexed, |
|
257. i. Draft of H.M. Additional Instruction to Governor
Walter Hamilton. Whereas several inconveniences
have arisen to our Governments of the Plantations by
gifts and presents made to our Governors by the
General Assemblies, for which reason you have been
prohibited by an Instruction from us to give your
consent to any Acts for granting to you any such
presents or to receive any such presents from the
respective Assemblies, or others on any account or in
any manner whatsoever excepting a limited sum for
the rent of a house. And whereas the Assembly of
our Island of Antigua have passed an Act for setling
upon you a sum of a thousand pound of the mony of
that Island pr. ann. for house rent, during your continuance in the Government of our Leeward Islands.
And we have allowed you to receive the said sum,
during our pleasure, and we do hereby revoke and
annul the forementioned Instruction, and do likewise
hereby will and require you upon pain of our highest
displeasure not to pass any act or order for any gift
or present to yourself, to our Lieut. General or to any
of our Lieut. Governors or Commanders in Chief for
the time being from the Assembly or Assemblies of any
of our Islands under your Government; and that you
do not receive any gift or present whatsoever either
directly or indirectly, other than the forementioned
thousand pounds pr. ann. etc. [C.O. 153, 13. pp.
183–185.] |
| [Dec. 16.] |
258. Abstract of agreement concluded between Jno. Borland
and Tho. Minshall and other fishmongers of London for serving
them with sturgeon for 7 years, 28th Feb., 1716. Endorsed,
Recd. 16th Dec., 1717. 1¼ pp. [C.O. 5, 866. No. 130.] |
| Dec. 16. |
259. Mr. Attorney General to the Council of Trade and
Plantations. Reply to Nov. 26. The design of the Acts of
Barbadoes referred to being to ascertain the fees of the several
officers of that Island and to hang up tables of those fees in their
respective offices etc.; if the fees be reasonable (of which I am not
a judge) I have no objection against the design of the said Acts,
but I am of opinion that one of the remedies appointed by the
said Acts for punishing the offenders agst. the said Acts is unreasonable and unjust, especially as to the Secretary, Provost
Marshall and Register in Chancery etc. Quotes provision in case
of excessive fee being taken described No. 210, q.v. Wherefore I
am humbly of opinion, that the said Acts with the said powers
are not fit to receive H.M. approbation, if they have not already
had the approbation of the Crown. Signed, Edw. Northey.
Endorsed, Recd. 1st, Read 18th Dec., 1717. 2¼ pp. Enclosed, |
|
259. i. Duplicate of No. 210. [C.O. 28, 15. Nos. 25, 26;
and 29, 13. pp. 440–442.] |
| [Dec. 17.] |
260. Petition of Robert Cunynghame to the Council of
Trade and Plantations. Petitioner served in the Regiment of
Foot in the Leeward Islands from Sept. 1692—Jan. 1699, and
in the Expedition against Martenico. In the last war he went
a Voluntier against Guadeloup, where he was appointed Commissary General, and had a post of trust and great danger in
the last reduction of St. Christophers from the French. Being
desirous to provide for his eleven children he did purchase from
Mrs. Dorothy Mitchell, widow of Capt. Thomas Mitchel, H.M.S.
Sheerness, her and her daughter's right which Governor Douglas
made unto Capt. Mitchel for a plantation of 200 acres in BasseTerre Quarter, formerly belonging to Monsieur Giraudel or
Monsieur Lambert. Petitioner applied to Governor Hamilton
to renew the grant, the time limited therein being expired or
near expired, who said he must give it him the said Governor
which the petitioner would not agree to; the Governor put the
grant among his papers; some time after petitioner being told
the Governor had given a grant of said Plantation unto Mr.
Milliken of Nevis, petitioner went to the Governor who told him
he had given it to Mr. Milliken beleiving the petitioner had
complained against him. Petitioner continued possessed of the
dwelling house upon the said plantation untill he left St.
Christophers and has not any advice of his being dispossest.
Prays for their Lordships' recommendation to H.M. that he may
have the preferance in the purchase of the said plantation in the
name of Daniel Cunynghame his second son, under conditions
that petitioner may enjoy the profits during his life and may
charge it with legacies at his death, petitioner being ready to
comply with what their Lordships shall be pleased to order in
relation to Mr. Stoddart. (cf. 24th Jan., 1718.) Endorsed,
Recd. 17th Dec., Read 23rd Jan., 1717/18. 1½ pp. [C.O. 152,
12. No. 61; and 153, 13. pp. 194–197.] |
| Dec. 18. |
261. Mr. Solicitor General to Mr. Popple. Reply to 7th June,
as to granting of lands between Nova Scotia and Maine. I have
considered the petition and memorials and heard all parties
except Mr. Partridge, absent from England etc. His son being
summoned answered that he should take no care about it. I
found Mr. Dummer unable to make out any of the facts alleged
in his first Memorial (Dec. 3, 1716), but he wanted time to produce
the deeds of purchase. To make good the assertion in his second
Memorial (v. 30th May), he referred to the words of the Charter
in the printed book p. (13). Quotes clause of Charter beginning
Provided also that it shall and may be lawfull for the said
Governour and General Assembly to make or pass any grant of
lands lying within the bounds of Colonies formerly called the
Colonies of the Massachusetts Bay and New Plymouth and
province of Maine etc. Upon consideration of these words I
am humbly of opinion that the Crown has not divested itself in
any manner of the right to the lands described to be extending
from the River of Sagadahock to the Gulfe of St. Laurence and
Canada Rivers and to the main sea northward and eastward
which I understand is the land in question nor has the Crown
given the said Governour and General Assembly any of the sd.
lands these words being at most only a power by implicacon to
prepare grants which are to have no validity unless confirmed
by the Crown so that I humbly conceive that there is nothing
in this Charter which prevents the Crown from granting these
lands the sole legal right remaining still in the Crown. I required
the Agent for Duke Hamilton to make out the right of the Duke
to the 10,000 acres as is asserted in the letter of her Grace the
Dutchess of Hamilton (31st May) and I find that there was a
grant in the 11th year of Charles I of that quantity of acres
lying on the S.E. side of Sagadahock river to the then Marquis
of Hamilton and his heires. But I do not find that the grantee
or his descendants have taken possession or in any manner
occupyed the same which is attributed to the Civil Warrs in
England that ensued after the said grant and to the other warrs
of the Indians not many years after the Restauracon nor do I
find that any other person have been in possession of the same.
If so it would be hard for the Crown not to reserve such right
in any future grant. As to Sr. By by Lake's pretencons for
himself and the others menconed in his Memorial I required
some proofe of the assertions of their right to the lands meneoned
therein and there were produced to me a conveyance under the
hand and seal of Robert West Esq. to Sr. Byby Lake by vertue
of a patent dated 6th Dec. in the 2nd year of James II and
several authentick copies of ancient deeds which were purchased
of Indians and English certified under the hand and seal of the
Governour of the Province of Massachusetts bay which seem to
convey a very good title to the Memorialists of the particulars
hereafter menconed (vizt.) Rowsick als. Arrowsick Island lying
on the East side of Kennebeck River Nequeasitt als. Negwesseg
als. Negwassag bounded by Sagadiock River on the Western
side thereof one great Pond lying on the North side thereof and
the River commonly called Negwasseg River on the West side
thereof And all houses and lands in Negwassett bounded by
Sackrehock River on the West or Westerly and so to Merrymeeting Creek and from thence to the Northwards eight miles
up into the country and from thence Easterly to Shipscott River
and from thence to a place called Tapanegine Southerly and from
thence all along Mounswaggen Bay and so along to Russeck and
from Russeck to Tusseck and from thence to Merrymeeting
all along Sackrehock River All lands upon the River of Kennebeck
the bounds and limmitts whereof extend from the Northmost
of a certain place called Caper Sacantry and on both sides of the
aforesaid River of Kennebeck reaching ten miles into the woods
on each side of the said River Kennebeck East and West and so
extending Southward unto a certain place called and known by
the name of a swome all which is about four leagues length
South and North All lands lying on both sides Kennebeck River
reaching ten miles into the woods on each side of the River
beginning about half a mile above Swam Alley extending to the
Northmost part of Caper Secontie als. Caper Sacantry which is
in length up and down the River about 12 or 14 miles And all
lands at and about Teconock als. Tockonock lying and being
on both sides of the said River Kennebeck reaching tenn miles
into the woods beginning at the lower end Neaguamer als.
Neguamkett and so reaching up the River four miles above the
falls of Tockonock All lands lying in and about Agnascorangan
adjoyning to Kennebeck River on the Northwest and so South
westward to the Southermost Island of Negnomkey and six
miles from Tockonock falls Northeastward and so fifteen miles
all along from the said River Kennebeck into the main land
Southeastwards and all houses edifieces buildings lands grounds
trees timber woods underwoods mines minerals feedings pastures
moors marshes swamps meadows waters watercourses pooles
ponds lakes rivers brookes cones innletts creakes bays fishing
fowling hawking and hunting profitts priviledges advantages
hereditaments and appurtts whatsoever in the North East
part of New England in America. And the Memorialists'
Ancestors were at great expence in improveing and maintaining
the premisses but were unhappily driven from thence by the
Indians and some of them particularly the said Sr. Byby Lake's
grandfather destroyed by the Indians in defence of their possessions etc., and the Memorialists have been at great expences to
improve and resettle these premisses since H.M. happy accession
and have settled a great many families thereupon and are now
in quiet possession thereof. I am therefore humbly of opinion
that in justice and equity these Memorialists the Duke Hamilton
Sr. Bybye Lake and Ann the wife of Increase Mather Edward
Hutchinson and Josiah Walco are entituled also to a reservation
of their right to the premises aforesaid respectively. Signed,
Wm. Thomson. Endorsed, Recd., Read 19th Dec., 1717. 3¾. pp.
[C.O. 5, 866. No. 131; and 5, 915. pp. 70–77.] |
| Dec. 18. |
262. Deposition of Mrs. Wensley, wife, and Mrs. Low daughter
of George Wensley Fishmonger of London. In 1715 George
Wensley discovered the receipt for pickling and curing sturgeon
to John Plowman who had no other knowledge of it etc. Signed,
Anne Wensley, Anne Low. Endorsed, Recd. 19th Dec., 1717,
Read 24th Jan., 1717/18;. ¾ p. [C.O. 5, 866. No. 134.] |
Dec. 18.
Whitehall. |
263. Mr. Popple to Mr. Attorney General. Encloses for
his opinion in point of law two Acts pass'd in Virginia, prohibiting the unlawful assembly of Quakers and concerning foreign
debts. [C.O. 5, 1365. p. 19.] |
Dec. 18.
St. James's. |
264. Order of King in Council. Approving draught of
Instructions to the Governor of Jamaica, presented Oct. 11th
(q.v.), excepting in the 95th Article wherein the words (That is
to say from the Saturday to the Monday) are to be left out, etc.
Signed, Edward Southwell. Endorsed, Recd. 30th, Read 31st
Jan., 1717/18;. 1½ pp. [C.O. 137, 12. No. 112; and 138, 16.
pp. 63–65; and 5, 189. p. 334(a)]. |
Dec. 18.
Whitehall. |
265. Mr.Popple to Mr. Charles Stanhope. The Council of
Trade and Plantations desire the Lords Commrs. of the Treasury
to instruct Mr. Cratchrode to attend the Attorney and Solicitor
General with such papers as they shall furnish him with in order
to attend in behalf of H.M. at their hearing of Col. Codrington
on his petition, [C.O. 153, 13. pp. 185, 186.] |
| Dec. 19. |
266. Mr Attorney General to the Council of Trade and
Plantations. Reply to No. 232. Mr. Cockburn's petition (Nov.
21st) is unadvisedly framed, for that H.M. cannot by law give a
direction to any Court for to rehear any cause depending therein,
but rehearings are granted or denyed by Courts of Equity on petition of the parties grieved to such Court as shall be judged proper.
And as to the Instructions given to the Governour mentioned
in the petition, whereby he is restrained from allowing of an
appeal in any case under the value of £500 sterling, that does
restrain the Governour only from granting of appeals under
that value, Notwithstanding which it is in H.M. power, upon a
petition to allow an appeal in cases of any value, where he shall
think fit, and such appeals have been often allowed by H.M.,
but I think the reference to your Lordsps. in that matter is
improper, for petitions for appeals from decrees given in the
Plantations have been always referred to a Committee of the
Council for hearing the causes of the Plantations, and on their
report that it is proper to allow the appeal prayed for, H.M. in
Council has usually allowed the same and not in any other manner.
I have perused the decree and think the petitioner has great
hardship therein, and that upon a proper application he may
obtain an appeale in that case. Signed, Edw. Northey.
Endorsed, Recd. 20th Dec., 1717, Read 20th Jan., 1717/18. 2⅓ pp.
Enclosed, |
|
266. i. Copy of No. 218. i. |
|
266. ii. Copy of Wm. Congreve's Patent to be Secretary
of Jamaica. |
|
266. iii. Copy of Article 44 of H.M. Instructions to the
Governor of Jamaica. [C.O. 137, 12. Nos. 110, 110
i.–iii.; and (without enclosures) 138, 16. pp. 55–58.] |
| Dec. 19. |
267. Mr. Solicitor General to Mr. Popple. Reply to No. 253.
The Act about fees and ferriages. I think it is a restraint upon
the liberty of the subject in selling and in working for what may
be judged a reasonable price or hire and may be so agreed upon
between both ptys. and may be more than this Act allows yett
the penaltys are very severe upon them if they take more 'tis
reasonable and usual in most countrys to omitt the fees of
publick officers But whither this general restraint as also that
no ferrys shall be sett up without licence be for the service of the
country I must submitt to their Lops. The Act that the solemn
affirmation of the people called Quakers shall be taken instead of an
oath goes further than is allowed to them in England they cannot
be wittnesses or have concern in criminal causes or have offices
etc. But whither the necessity in that country may not require
a greater indulgence to them their Lops. best know. I have no
objection in point of law to the Act to enforce the ordinance for
establishing fees nor to that for exporting wheat etc. out of the
Eastern division. Signed, Wm. Thomson. Endorsed, Recd.
20th Dec., 1717, Read 21st Jan., 1717/18. 1 p. [C.O. 5, 971.
No. 65; and 5, 995. pp. 421–423.] |
| [Dec. 20.] |
268. Thomas Coram to the Council of Trade and Plantations.
Some remarks upon the Solicitor General's report, Dec. 18.
The underwritten Thomas Coram prayes to say That as there
was never any grant or patent to the Marquiss of Hamilton for
10,000 acres within this tract nor any manner of improvements
by him made on any lands there he beleives your Lordships will
have reason to declare the Duke's pretentions to be of no effect.
The conveyance from Robert West to Sr. Bibby Lake was made
since the late Peace and got on purpose to prevent this settlement.
Robert West could have no power to make conveyancy of any
lands there if his kinsmen in whose right he claim'd had had any
good title himself, for that all those lands were conquerd by the
French and remaind in their possession many yeares in peace
and in warr (as may appear by Lord Bellemont's letter of 15
July 1700) and stil continud to the French until recoverd by
conquest 1710 at the charge of the Crowne and confirmd to it by
the 12th Article of the late Peace. Sr. Bibby Lake's purchases
of single Indians cannot be of any value for those single Indians
when drunk woud for a bottle of strong lequers signe any paper
presented to them which conveyancies the Tribe will never
consent to and that was the true cause of so many of H.M.
subjects being murderd. Those deeds being certified under the
hand and seale of the Govr. of the Massachusets Bay is something
very extreordenary and is what the Govrs. who were annually
chosen by the people (and not by the Crowne) would not have
done had it not been to give it a kind of a coulour of right to
themselves and their friends for the Governour of the Massachusets had no more right to concern themselves with any land
in this tract than the people of Guarnezy or Jersey have to the
Highlands of Scotland. If those grants from the Indians should
be confirmd it would create new warrs with the Indians and
make it impracticall ever to settle this noble tract of 180 miles
front to the sea for raising Naval Stores or be any wayes advantageous to the Crowne. This tract of land is not desird for ye
intrest of privat persons but to have it an intire Province on a
better foot than most of the other Plantations for ye service of
H.M. and the publick benefits of the Kingdome. Signed, Tho.
Coram. Endorsed, Recd., Read 20th Dec., 1717. Holograph.
2 pp. [C.O. 5, 866. No. 132.] |
| [Dec. 20.] |
269. Joseph Micklethwaite, Tho. Reynolds and Anthony
Cracherode to the Council of Trade and Plantations. Since our
Memorial (Nov. 18), we have been advised that it will be more
acceptable to the Governour and people of Barbadoes that we
should seek redress agt. those laws from themselves, than that
we should endeavour to obtain orders to be sent to them from
hence, for wch. reason we beg leave to withdraw our sd. memorial.
Signed, Jo. Micklethwaite, A. Cracherode. Endorsed, Recd.
Read 20th Dec., 1717. ½ p. [C.O. 28, 15. No. 27; and 29, 13.
p. 448.] |
Dec. 20.
South Sea House. |
270. Daniel Wescomb to Mr. Popple. Encloses following.
Signed, Daniel Wescomb. Endorsed, Recd., Read 20th Dec.,
1717. ½ p. Enclosed, |
|
270. i. Copy of Act of Jamaica for imposing a duty on exported
negroes, Aug. 31, 1717. 2½ pp. |
|
270. ii. Extract of letter from Agents of the South Sea Company
at Jamaica to the Court of Directors. Give instance
of payment of above duty by a ship merely calling
at the port. By this new Law, if your vessels come
in sight of Jamaica (for some of the Cays belonging to
it are almost out of sight of it) they'I expect the duty
of 40s pr. head, etc. The people in this Country deem
all laws to be good (tho H.M. should reject them at
home) to the time his pleasure is known here. 1 p.
[C.O. 137, 12. Nos. 104, 104 i., ii.; and (without
enclosures) 138, 16. p. 31.] |
Dec. 21.
Jamaica. |
271. Peter Heywood, Commander in Chief of Jamaica, to
the Council of Trade and Plantations. Refers to letter of 11th
Oct. Continues:—I think the pyrates daily increase takeing
and plundering most ships and vessells that are bound to this
Island severall of which they keep particularly the Mary of
Bristoll with all her cargoe, three of them have very lately
landed on the Leewd. part of this Island abused the inhabitants
and took away what they thought for their purpose, so that
no ships that are bound for Great Brittain dare stirr without a
convoy which made me with the Councill address Capt. Candler
to stay in these seas, and convoy the ships now ready, that Capt.
Reynolds in the Adventure might have time to careen wch. he
writt me would take at least two months the greatest part of
his sheathing being decayed and the uncertainty when Capt.
Jacob might return from La Vera Crux. Signed, Peter Heywood.
Endorsed, Recd., Read 10th March, 1717. 2 pp. [C.O. 137, 12.
No. 123; and 138, 16. pp. 96, 97.] |
Dec. 21.
Whitehall. |
272. Council of Trade and Plantations to the King.
Representation upon petition of South Sea Company, 31st Oct.
We have carefully perused the Act of Jamaica complained of,
to impose dutys on several commoditys to defray the extraordinary
charge of the Government, wch. contains many matters and clauses
liable to objection besides those complain'd of by the South Sea
Company; and we shou'd have some time since laid before your
Majesty our opinion, concerning this Act, if the same had not
been expir'd; But considering what has been lately offered to us
by the petitioners on this occasion, relating to a design of renewing
the said Act from time to time; we shall in the first place humbly
inform your Majesty of the state of the matter now in question,
as it appears to us from the arguments that have been offer'd
by some Directors of the South Sea Company in support of their
petition on the one part and from the facts and usage alledg'd
by several gentlemen and planters of the Island in justification
of the duty laid by this Act on the other side; after which we
shall make our observations on such other parts of the sd. Act
as to us appear highly unreasonable. The Company have
produc'd to us extracts of sevl. letters from their Agents, whereby
it appears, that this duty has been demanded of them, not only
for the negros bought in the Isld. but likewise for such as have
been landed there for refreshment and recovery of their health,
and also for those who have put into port, tho' they never sett
foot on shore, wch. the Company conceive to be as unreasonable
as if a duty shoud be laid on all ships that put into the Island
for wood and water, a liberty that has never been refus'd, even
to foreigners in amity with your Majesty in any part of your
Dominions. The Directors did not seem to think themselves
so much aggriev'd by the duty on exportation of negros bought
in Jamaica, as on the re-exportation of those brought in for
refreshment and the tax upon such as were never landed, tho'
they do conceive that they ought to be free from dutys in all
these cases, because there were no dutys in Jamaica on the
exportation of negros at the time of making the Assiento contract,
which being a publick and national agreement between the Crowns
of Great Britain and Spain, they do conceive it wou'd be very
unreasonable that they shou'd be renderd less capable to perform
the same by any law made subsequent to the said contract more
especially in the Plantations, whereby the trade of the Mother
Kingdom will be affected. They did likewise further alledge
that they had reason to believe the present duty was the effect
of some persons' resentment there, whom the Company had
refus'd to employ as their Agents; For altho' there had formerly
been such a duty in Jamaica yet it had been discontinued (as
they were informd) for 8 or 9 years past as being found inconvenient for the Island. But since they found themselves thus
hardly treated they had already orderd three of their ships to
touch at Barbados instead of Jamaica, and shou'd be oblig'd to
give the like orders to all the rest, if this duty be continued;
Whereby the Island wou'd be depriv'd of the many advantages
the people of Jamaica do at present reap from the Company's
ships touching there, and which are very considerable not only
upon account of the great expence their sailors make there, whom
they pay in the Island, but likewise by reason of ye refreshments
bought there for the negros; and because this trade doth
necessarily occasion greater numbers of vessels to come to the
Island from H.M. Plantations on the Continent of America with
provisions, wch. causes a great circulation of Trade there;
Besides that the Company do frequently hire sloops in the Island
for transporting their slaves after they are refresh'd to the
Spanish Continent, and their own ships being oblig'd either to
return home empty or accept of a moderate freight, the inhabitants of Jamaica do thence obtain an opportunity of sending
home the product of their Island on much cheaper terms than
formerly. On the other hand, the Gentlemen of Jamaica, who
have attended us in behalf of the Island, do say, that the Assiento
being soley in the South Sea Company, exclusive of all interlopers, is a great detriment to Jamaica, where formerly the
inhabitants had a considerable trade in negros by connivance
to the Spanish Coast—That it is absolutely necessary for the
support of the Government of Jamaica to raise taxes on the Trade
as well as the inhabitants there—That Sr. James Castile, who in
King Charles the second's and in King James the second's reigns
had the Assiento to himself and Company being Portugueeze,
always paid the said duty now complaind of; and that the same
has at different times been laid by Additional Duty bills for these
20 years past—That Sr. James paid as well for those negros
that were landed only for refreshment as others—That the same
duty was paid by the inhabitants of Jamaica, even when they
carry'd negros to New York or any other of the Plantations
belonging to Great Britain—That the present Assiento takes
away the best negros from Jamaica to the Spaniards, leaving
only the worst for the use of your Majesty's subjects, unless they
give as high a price as the Spaniards, which occasions great
inconvenience and expence to the Planters—That as to the
advantages wch. the Company do affirm the Island dos receive
from their Trade they woud much rather forego the same than
be depriv'd of the liberty of laying impositions in such manner
as may inable them to support the necessary expences of the
Govt. by methods least grievous to the inhabitants. Upon due
consideration therefore of all that hath been offer'd on both sides
in relation to this affair, We are humbly of opinion that how
just soever it may be that the people of Jamaica shou'd be left
at liberty to lay such dutys as they shall think necessary for the
support of your Majesty's Government there on negros bought
in their own Island, it cannot be reasonable, that they shou'd
lay a tax upon negros landed there by the South Sea Company
for refreshment, and much less on such as do only put into their
harbours for wood and water, because this wou'd be an oppression
upon the South Sea Company and consequently support Jamaica
at the expence of the British Trade, nor can precedents of the
like duty drawn from former times, whilst the Assiento was in
the hands of foreigners in any sort justify the like proceeding in
the present case, the sd. contract being now vested in your
Majesty's own subjects in whose loss or gain, the whole Kingdom
of Great Britain is immediately concernd; And therefore we
humbly offer that your Majesty's pleasure be signify'd to the
Governor of Jamaica, that he do not pass any law for the future,
that shall lay a duty upon the re-exportation of negros that
have been brought thither only for refreshment, and much less
on such as touch in the ports of Jamaica without landing there.
And now we shall beg leave to mention some other objections
to this Act:—That it lays a higher duty upon the trade and
shipping of all other your Majesty's subjects, than those of
Jamaica. That the inhabitants of the two parishes of St. Jago
de la Vega and Kingston are to pay 12d. pr. pound for the rent
of every house, altho' the rest of the Island is not charg'd with
any tax on that account, and we cannot conceive why those
particular parishes shou'd be distinguish'd in this manner from
the rest. That by this Act Commissioners are appointed to
receive and to distribute the mony arising thereby with an
allowance of 7½ p.c., in diminution of your Majty's. Royal
Prerogative and in prejudice of the Receiver General, your
Majesty's Patent Officer, these Commissrs. are to give bond of
£8000 for the due execution of the Act; and notwithstanding
they shall have perform'd all that is requir'd by the Act and by
consequence the bond become void, it is not to be cancell'd but
in the presence of the President of the Council and of the Speakers
of the Assembly, and if any person shall presume to do or advise
the contrary, they shall forfeit double the penalty of the bond,
without allowing any pardon or non vult ulterius prosequi. Besides in several other clauses of this Act, your Majesty's prerogative of pardon or granting a non vult ulterius prosequi is
taken away. In order therefore to prevent such inconveniencys
and absurditys for ye future; We are humbly of opinion, it may
be convenient your Majesty's Governor of Jamaica shou'd be
made acquainted with the objections we have to this Act, and
be particularly injoin'd carefully to observe the several Instructions given him by your Majty., with relation to the passing of
laws in that Island, more especially in such cases where your
Majesty's Royal Prerogative or the Trade of Great Britain may
be any ways affected, wch. precaution will be still more necessary
in the passing of mony bills, than those of any other nature,
because generally they have their duration, but for one year and
frequently have their effect before your Majesty's royal pleasure
can be known concerning them. P.S.—Since the close of the
foregoing Representation, we have reced. a further information
from the South Sea Company, that the foremention'd Act was
renew'd in Augt. last, and the former duty of 20s. on negros
continued with an addition of 20s. more on ye negros belonging
to the South Sea Company only. [C.O. 138, 16. pp. 32–43.] |
| Dec. 23. |
273. Mr. Attorney General to the Council of Trade and
Plantations. Reply to No. 216. The said Additional Act of
Barbados is to constitute a new Commissioner and a new Marshal
(those mentioned in the first Act being dead or removed) to
execute the powers in the original and this Additional Act, in
part executed or not executed. And provides several remedies
where moneys bid on sales at outcrys pursuant to the first Act
have not been paid, and lays several penalties on such bidders
not paying what they shall have did, and impowers a person to
bid, in behalf of the Government, where no person appears to bid,
by which I apprehend is meant a real bidder; for in the oath
of the person impowered to bid, he swears he will not bid, but
where no other person will bid, or unless a person shall endeavour
to purchase the lands at an under rate, and swears he will not
exceed in such bidding two thirds of what he shall in his conscience
esteem the land to be worth, which seems to be a penalty on the
owner for keeping away bidders. Otherwise I don't see why the
bidder should not give the value of the estate. And the said
Additional Act gives several powers for the better executing
the design of the former Act, which was to discharge the debts
and engagements contracted by reason of an Act to supply the
want of cash etc. (commonly called the Paper Act) which was
repealed by her late Majestie, and I have no objection in point
of law agst. the said Additional Act. There is therein a pritty
extraordinary punishment on persons bidding for lands which
they were then incapable of paying for, vizt. imprisonment for
a year, to be set in the pillory, and to have their ears cut off, but
that being only for persons, who knew their own inabilities
I have no objection thereto. Signed, Edw. Northey. Endorsed,
Recd. 24th Dec., 1717, Read 2nd Jan., 1717/18. 1¾ pp. [C.O. 28,
15. No. 28; and 29, 13. pp. 444–446.] |
Dec. 23.
Boston, N. England. |
274. Josiah Willard, Secretary to the Massachusetts Bay,
to Mr. Popple. I have thought it proper to advise you of my
arrival here, that (if it be necessary) the Lords Commissioners
may know that I am no longer absent from my post, etc. I must
use this opportunity of recommending to you an affair in wch.
I am deeply interested. The first Act of the Assembly of this
Province relating to fees was made in the fourth year of William
and Mary, and among other articles referring to the Secretaries
fees are these two Every Order of Council for the benefit of
particular persons 2/6. Every petition to the Governor and
Council or Genl. Assembly from 2/6 to 10/s. In the first year
of his present Majtie's. reign an Act pass'd entituled an Act
in addition to an Act for regulating fees, the words of wch. are as
follows, Whereas in the aforesaid Act there is not mention made
of the fees to be taken for many things wch. may from time to
time be enter'd, recorded, registered and copied either in the
Secretaries or Clerks Offices of the several Courts within this
Province; Be it therefore enacted etc. that no officer whatsoever
shall ask, demand and take any more than 12 pence a page for
the entering, recording registring and copying all and every
matter and thing whatsoever. The design of wch. Act was not
only to prevent any demand of extravagant fees, but also to state
and appoint fees for such work as was never in any former Acts
mentioned, as is plain both by the Preamble of this Act, and by
the consequent practice of the House of Representatives, who
pass'd Mr. Woodward the late Secretaries accts. without the
least demur, in wch. he charges twelve pence a page for entering
and copying the public transactions of the Governmt. In the
Sessions of the Assembly held in May last an Act pass'd entituled
an Act in addition to and explanation of two Acts (the Acts before
mentioned). The body of wch. Act is in these terms; viz., Be
it enacted etc. that no fee whatsoever shall be due or demanded
in the Secretaries Office, for any Order of the Govr. and Council
for the payment of any public debts of and from the Government:
and that the fee for any petition to the Govr. and Council referring
to any debt of the Province as aforesaid be 2/6 and no more:
that no fee whatsoever shall be due or demanded in the said
Office for any other copies or copying than such as are taken
from fair entries, registers or records, and those only for a private
use and not for the service of the Governmt. This Act is really
a repeal of the two former Acts. The Act with some others is
sent Home for the Royal Assent etc. I hope their Lordships
will be so good Guardians of such offices as are in H.M. gift as
not to think Acts of that kind fit to pass; for by the last clause
of this Act the heaviest and most troublesome business in the
Secretaries Office must be done without the least consideration
of profit; and the salary is so scandalously small, as not to amount
to more than £40 sterling. Besides I cannot think it in the power
of the Governmt. here to take off the fees of any offices that are
held by Lettrs. Patent under the Great Seal, after they have by
their own Acts stated and settled them. I entreat your friendship
in making a proper representation of the great injury done to the
Secretaries Office by this Act. Please to give my service to
Mr. Bamfield, and assure him that if I can be useful to him in
anything that may fall in my way on this side the water, I shall
very readily embrace the opportunity etc. Signed, Josiah Willard.
Endorsed, Recd. 25th Feb., Read 4th March, 1717/18. Addressed.
Holograph. 2 pp. [C.O. 5, 866. No. 141; and 5,915. pp. 93–96.] |
| Dec. 24. |
275. Mr. Attorney General to the Council of Trade and
Plantations. Reply to queries of No. 213. I do most humbly
certifie your Lordships that by the Charter of King Charles II,
dated the 10th of October in the 28th year of his reign, H.M. did
grant and declare, that the Governour and Council of Virginia
for the time being, and in the absence of the Governour, the
Deputy Governour and Council or any five or more of them
(whereof the Governour or his Deputy to be always one) should
have full power and authority to hear and determine all treasons,
murthers, felonies and other offences to be committed or done
within the said Government, so as they proceed therein as near
as may be to the Laws and Statutes of England; By which H.M.
did erect a Court in the Governour and Council of Virginia for
the time being with power to take cognizance of all crimes whatsoever, and did no more thereby than what the Crown does in
all cases erecting Courts, and might and may notwithstanding
such grant, appoint other Courts, who shall have concurrent
jurisdiction with that Court, for the Crown hath not thereby
excluded it's authority of erecting other Courts of the like nature.
But by the Book entituled The Laws of Virginia now in force,
published in the year 1662 before the making of that Charter,
it does appear, that there was a Court in Virginia called the
General Court held before the making of those Letters Patents,
which must be presumed to have been erected by some former
Letters Patents; For by the 19th Act it appears, that the General
Court was before called Quarter Courts, and by that Law the
name is changed from Quarter Courts to that of General Courts,
etc.; And in the 24th chapter for the regulating the proceedings
in that Court it is enacted, that all criminal causes that concern
either life or member, shall be tryed at the General Courts, only
the fourth day of the said Courts, Which I am of opinion, did
not in any sort restrain criminal causes to be tryed in other Courts,
but did provide that all criminal causes that should be tryed
at the General Courts, should be tryed only on the fourth day
of the said Courts. Several of the subsequent laws therein are
touching the proceedings of that and other Courts then in being.
The next Act taken notice of, was made 23rd Oct., 1705, for
establishing the General Court, whereby for continuing, constituting and erecting competent Courts it is enacted, that at
some certain place, to be lawfully appointed, and at such times
as in the Act is directed, there should be held one principal
Court of Judicature for Virginia, which should be and is thereby
establisht by the name of the General Court of Virginia, and
shall consist of H.M. Governour or Commander in Chief, and
the Council for the time being (any five of them to be a quorum)
and they are thereby declared and appointed Judges or Justices
to hear and determine all suits and controversies, that should
be depending in the said Court. Which was a further Act
confirming the General Court and the Judges therein, which in
no sort excludes H.M. power of appointing other Courts of
concurrent jurisdiction. And in the said Act there are divers
rules for governing the Judges and suitors in their proceedings,
and also a clause taking notice that, forasmuch as several fines
and forfeitures by that and several other Acts, were or might
be directed to be recovered in any Court of Record, it is by that
Act declared, that the General Court and the County Courts
should be deemed and taken to be the only Courts of Record
in that Dominion, and that no other Court or Courts whatsoever
should be construed, deemed or taken to be such; Which I am
of opinion did not carry any restriction to H.M. from making
other Courts of Record, but that forfeitures to be recovered by
Act of Assembly in Courts of Record, should be recovered in
those Courts therein mentioned. Besides by the Act made
25th Oct. in the ninth year of the reign of Her late Majesty
Queen Anne for explaining the aforementioned Act, it is enacted,
that nothing in that Act contained should be construed, deemed
or taken to derogate from, lessen or abridge the Royal power
of H.M. her heires and successors, of granting commission or
commissions of Oyer and Terminer and of constituting and
erecting such other Court or Courts of Record, as H.M., her
heires or successors, by Her or their commission or commissions,
instruction or instructions to Her or their Governr. or Commander
in Chief of that Colony and Dominion, for the time being, should
direct, order or appoint. By which it's most plain, that notwithstanding the being of the General Court with such powers
as aforesaid, even by the words of that Act the power of appointing
special commissions of Oyer and Terminer etc., was and is in
the Crown, and is well given to the Governour by his commission;
And in such special commissions of Oyer and Terminer, such
persons may be appointed Commissioners therein, with or
exclusive of the Council there; But I am of opinion, the Governr.
or Lt. Governr. and Council, being appointed Judges of the
General Court, H.M. Governour by vertue of any power or
authority, cannot constitute or impower any other persons to
be Judges in that Court, that Court and the Judges thereof
being constituted by Letters Patents, and confirmed by Act of
Assembly. I have considered the objections made against H.M.
power, and so far as they are founded upon the Charter or Acts
of Assembly, I have hereinbefore given my opinion thereon;
What remain are only arguments ab inconvenienti and from the
fatal consequences represented to be, if a Governr. should have
power to appoint Judges to try people for their lives; To which
I am of opinion, they are not arguments against the power but
against the use of it, and peradventure in case of bad Governours
there might be such consequences at a distance from England,
And in regard by the Act of 1705 the General Court is to be held
the 15th April and the 15th Oct. and to continue for 18 days,
H.M. may be pleased for the preventing of inconveniencies, and
quieting the minds of His subjects there, by His Instructions to
the Governour, to restrain his power of issuing special Commissions of Oyer and Terminer, except in cases of extraordinary
emergencies, and in the vacancy of the General Court. Signed,
Edw. Northey. Endorsed, Recd. 24th, Read 31st Dec., 1717.
4¾ pp. [C.O. 5, 1318. No. 41; and 5, 1365. pp. 29–36.] |
Dec. 24.
|
276. Accounts of the victualling of the Garrison at Annapolis
Royal, 25th June—24th Dec., 1717. 30 pp. [C.O. 217, 38.
No. 2.] |
Dec. 24.
Custome ho., London. |
277. Mr. Carkesse to Mr. Popple. Reply to 18th Oct. (q.v).
The Commrs. having formerly received an accompt that foreign
sugars etc. were frequently imported into H.M. Plantations and
from thence brought to Great Britain, and entred as sugars etc.
of H.M. Plantations they directed the Collectrs. and Naval
officers in the several Plantations, in order to prevent frauds
in the importing such goods into this Kingdom, to give this
Board notice from time to time when any should be ship'd from
their respective districts for this Kingdom, whereby, if the
officers in the Plantations do transmit such accompt as is directed,
all foreign sugars etc. on importation into Great Britain, will
be obliged to pay such Customs as the Law directs. And the
Commrs. having read and considered the said Act, have directed
me to transmit to you their observations thereon which are
enclosed. The Commrs. have also directed me to acquaint you,
that Mr. Perrie late Surveyr. Genll. of Barbados and ye Leeward
Islands did some time since inform them that the Governr. and
Assembly of Antego had voted an Address to H.M. for obtaining
four places to be appointed in that Island for collecting the duties
of 4½ p.c., which permission would not only very much encrease
the charge of management in that Island, but be of other ill
consequences to the Revenue there. Wherefore the Commrs.
desire they may have an opportunity to give their opinion, if there
shall be occasion, before any Order goes for appointing those
places etc. Signed, Cha. Carkesse. Endorsed, Recd. 24th Dec.,
1717, Read 21st Jan., 1717/18. Addressed. 1½ pp. Enclosed, |
|
277. i. Observations by the Commissioners of Customs on an
Act past in Antigua 19th June, 1716. (i.) The prohibiting the importation of foreign sugars etc. into the
said Island will lessen H.M. Revenue there granted
by an Act past in the said Island 1715 which is repeated
by the said Act of 1716. (ii.) The clause impowering
the Treasurer of ye Islands or Deputies appointed by
him to seize, in case of the neglect or refusall of the
Officer of the Customs for the space of four hours after
information shall be given seems to disqualifie the
Officers of the Customs, on one single neglect or refusal
for ever, tho' they should be necessarily employed in
the execution of some other part of their duty. (iii.) The
penalty of felony laid upon any shipper or master of
ship etc. who shall resist the officers in the execution
of this Act, seems very severe and no way adequate
to the offence, (iv.) The clause directing the Treasurer
to pay for all sloops or boats which shall be lost in
putting this Act in force, the damage to be adjusted
by two persons one chose by the Treasurer and the
other by the owner, does not make any provision, for
adjusting the damage, in case the parties so chosen
do not agree. 1 p. [C.O. 152, 12. Nos. 60, 60 i.;
and 153, 13. pp. 191–194.] |
Dec. 25.
St. James's. |
278. H.M. Commissions to Thomas Mathews to be second
Lieutenant, and to Thomas Ockold to be third Lieutenant
of the Independant Company of Foot in the Bahama Islands.
[C.O. 324, 33. p. 117.] |
| Dec. 25. |
279. Petty expences of the Board of Trade, postage,
stationery etc. from Michaelmas to Christmas, 1717. 4 pp.
[C.O. 388, 77. Nos. 40, 42, 44.] |
Dec. 27.
Admty. Office. |
280. Mr. Burchett to Mr. Popple. My Lords Commissrs.
of the Admiralty having received a letter from Mr. Nicholas
Coleman dated at Jamaica 20th March 1716/17, by which he complains that the present Govr. hath taken from him the keys of
H.M. Naval Storehouse there, send you enclosed letter and agreement made, by direction of the then Board of Admiralty, with
Mr. Coleman, for repairing the storehouse, and desire the Lords
Commissrs. of Trade and Plantations to send directions to the
Governor, not only to cause the key of the storehouse, but the
storehouse itself to be put into his possession etc. Signed,
J. Burchett. Endorsed, Recd. 27th, Read 31st Dec., 1717.
1 p. Enclosed, |
|
280. i. Extract of letter from Capt. Balchen, H.M.S. Diamond,
to Mr. Burchett, 4th May, 1716. Encloses following
etc. 1 p. |
|
280. ii. Copy of agreement made between Capt. Balchen and
Mr. Coleman. The Naval Storehouse at Kingston is
left in Mr. Coleman's hands for repairs, etc. 26th Feb.,
1715. Signed, John Balchen, Nicho. Coleman. 2 pp.
[C.O. 137, 12. Nos. 105, 105 i., ii.; and (without
enclosures) 138, 16. p. 44.] |
| Dec. 28. |
281. Mr. Attorney General to the Council of Trade and
Plantations. Reply to No. 263. I have considered of an Act of
Virginia prohibiting the unlawfull assembling of Quakers, pass'd
in 1663; Whereby the assembling of Quakers for religious worship
is prohibited, for the first offence each Quaker is to forfeit 200lb.
of tobacco, for the second offence 500lb., for the third, to be
banisht that Colony to such place as the Governour and Council
shall appoint: And there is a penalty laid on masters of ships
bringing Quakers to reside there, unless exported from England
shall appoint: And there is a penalty laid on masters of ships
bringing Quakers to reside there, unless exported from England
by vertue of the Act hereinafter mentioned, and the said masters
are enjoyned to carry them away again, with other penalties;
the intent thereof seeming to be that no Quaker should live in
Virginia. Which Act was drawn and pass't there according to
an Act pass'd in England in the 13th—14th years of King
Charles II for preventing mischeifs and dangers that may arise
by certain persons called Quakers etc.: from the penalties of which
Act in England, the Quakers being freed by the Act of the first
year of King William and Queen Mary etc., I have no objection
agt. H.M. giving the same liberty to Quakers in the plantations
as hath been given to those in England, which may be done
either by repealing the Virginia Act, if not already confirmed,
or in regard the law was made so long since, and it may be
necessary to oblidge them to make declarations instead of oaths,
by directing the Assembly of Virginia to repeal the same and
enact a new law. And I have also considered of the Act concerning foreign debts. Whereby it is declared, that no debt
whatsoever is pleasdable agt. any inhabitant, but for goods
imported into that country, the meaning whereof, is, that persons
indebted in England may remove themselves into Virginia, and
have the priviledge there not to be sued for those debts, which
will be a convenience for the inhabitants of that Colony but will
be a great means to defraud the people of England of their just
debts. Wherefore I am of opinion, that law is not proper to be
confirmed by H.M. but to be rejected. Signed, Edw. Northey.
Endorsed, Recd. 30th Dec., 1717. Read 21st Jan., 1717/8. 2 pp.
Enclosed, |
|
281. i. Copy of Act of Virginia, 1663, prohibiting the unlawful
assembling of Quakers. 5 pp. |
|
281. ii. Copy of Act of Virginia, 1663, concerning foreign
debts. ½ p. [C.O. 5, 1318. Nos. 42, 42 i., ii.; and
(without enclosures) 5, 1365. pp. 36–39.] |
Dec. 30.
Whitehall. |
282. Mr. Popple to Sr. N. Lawes. The Council of Trade
and Plantations desire an account of what you know concerning
the affair of the Naval Storehouse at Jamaica (v. 27th Dec.)
[C.O. 138, 16. p. 45.] |
Dec. 30.
Portsmouth. |
283. Mr. Bridger to Mr. Popple. I find there has been a
great distruction in H.M. woods in my absence, perticularly
about Exeter, where out of 70 trees marked there is but one
remaines, this was done during the time of one George Vaughan
was Leift. Governr., who put out those persons I had deputed,
and put in creatures of his own, wch. suffered anything to be
done as would please the people, for as long as there are New
England persons Governrs. the King must not expect any justice
as to the woods, for all the people on the frontiers depend on the
woods for their lively hood and say the King has no woods here,
and they will cut what and where they please as long as the
Charters good. I have deputised seven persons well knowing
in the woods and people of good repute, but cannot give them
any reward so what may be expected from them I humbly
submitt to their Lordshipps but I shall see that they do there
duty, as far as lies in me, there are two persons now wanting in
the Council and if their Lordships think me a proper person to
fill one of these places it would give me a litle more power in
this Province and more respect. Capt. Gerrish is dead, and
Capt. Wentworth made Lieut. Governor etc. The circuit of
my survey here is 78 miles, from Almsbury to Sacco, etc.
P.S.—I humbly aske pardon for this scrawl but the weather
is so very cold I cannot write three words before the ink freezes.
George Vaughan is coming to England to turn us all out that
belongs to H.M. and to get any of our places etc. List of his 7
deputies. Signed, J. Bridger. Endorsed, Recd. 27th Feb.,
Read 4th March, 1717/18;. Torn. 2¼ pp. [C.O. 5, 866. No. 140;
and 5, 915. pp. 90–93.] |
Dec. 31.
|
284. James Smith to the Council of Trade and Plantations.
Appointed Secretary of New Jersey in 1715 by H.M. Letters
Patent, upon his arrival there petitioner found that by some
Acts of the late Assembly, the fees and profits of that Office were
so reduced, that it was not possible for any one to subsist on them.
These Acts were made on purpose for the punishment of Jeremiah
Bass, at that time Secretary, and guilty of many ill practises
in the said Office. The Governour was induced to assent to
them upon the repeated assurances of the Assembly that they
would repeal them whenever another Secretary should be sent
over. That Assembly being dissolved, by the death of the late
Queen, nothing was to be expected in favour of the officers of the
Crown, from the next Assembly, severall of the Members haveing
given out, that they had people enough of their own to execute
the said office, and if the King wou'd send over officers they
wou'd take care to make it not worth their while. With the
Governour's approbation, prays their Lordships to take the
matter into their consideration. Signed, James Smith. Endorsed,
Recd. 31st Dec., 1717. Read 27th Jan., 1717/18; 1 p. [C.O. 5, 971.
No. 68.] |
| [1717.] |
285. List of reports from the Secretary at Warr etc. relating
to Placentia and Annapolis Royal. 1715–20th Feb., 1717.
1½ pp. [C.O. 5, 4. No. 16.] |
| [1717.] |
286. Memorial from Sundry Merchants to Mr. Secretary
Addison. Recommend Capt. Woodes Rogers, "who has made
very advantagious proposals for effectually settling and securing"
the Bahama Islands etc. Signed, Sam. Buck, Elias Pearse,
Rob. Heysham, Sam. Shepheard, Alex. Cairnes, John Meriwether,
Robert Chester and 28 others. Without date. 1 p. [C.O. 23, 12.
No. 75.] |
| 1717. |
287. Governor Woodes Rogers to the King. Asks for despatch of
guns and ammunition for the Bahamas, and that the Independent
Company intended for the garrison may be placed upon the
establishment. Offers to victual them at 6d. per head per diem
for the first year with provisions from the Plantations. etc.
Estimate of charge to the Crown. Signed, Woodes Rogers.
1½ pp. [C.O. 253, 1. No. 2.] |
[? 1717.]
King's Street. Golden Square. |
288. Mrs. Mary Hemsley, of Maryland, to the King.
Governor Hart, promoted to that station in 1714, by the interest
of the late Duke of Ormond, has during his administration
shew'd great favour to the Papists and Jacobites, and discouraged
your Majesty's Royal subjects. There are frequent seditious
healths drank, and Mr. Hart has discountenanc'd the discoverers,
tho' of the greatest rank in the Country. Upon your Majesty's
last Birthday, Mr. Hart made an entertainment, where Papists
and Non Jurors, were chiefly respected, and tho' the King's
health was drank, yet most omitted your Majesty's name.
Through these encouragements, on the 10th of June last, being
the Pretender's Birthday, the gunns were fired in the publick
seat of Government, the Pretender's health drank, by the name
of King James the Third. And great pains taken to influence
the people they had better be under a Popish, than Presbiterian
Governmt. So that we have the greatest occasion of a Gentleman
that is known to be well affected to your Majesty, etc. Signed,
Mary Hemsley. No date. 1 p. [C.O. 5, 720. No.26.] |
| [? 1717.] |
289. Thomas Macnemara of Annapolis, Maryland, to the
King. Prays for the recall etc. of Governor Hart, he having in
May, 1715, in partnership with some of the principal inhabitants,
imported in a vessel belonging to him and others wines sugar, etc.
from Lisbon, contrary to the Acts of Parliament, and so farr
awed or influenced the Custom Officers, that they required no
entry to be made of the said goods. Information was given to
the Attorney and Advocate General, but he, being appointed
by Hart, refused to prosecute him, etc. Signed, Tho. Macnemara.
No date. 1 p. [C.O. 5, 720. No. 15.] |
| 1717–1719. |
290. Naval Officer's Returns, S. Carolina. [C.O. 5, 508.] |
