|
Jan. 1.
St. James's |
291. H.M. Instructions for Governor Sir N.Lawes, relating
to the Acts of Trade and Navigation. Signed, G. R. [C.O. 5,
189. pp. 384–409.] |
| Jan. 2. |
292. Mr. Attorney General to the Council of Trade and
Plantations. I have no objection in point of law to the Acts
of New York referred 13th Nov. Acts described. Signed, Edw.
Northey. Endorsed, Recd. 3rd, Read 27th Jan., 1717/18. 1½ pp.
[C.O. 5, 1051. No. 45; and 5, 1123. pp. 497, 498.] |
| Jan. 2. |
293. Same to Same. Report upon Act of New York for
shortning of law suits etc. (v. 23rd March, 1716.) Whereby the
proceedings in the Supreme and Inferior Courts of that Colony
are regulated, and their jurisdictions of holding pleas to certain
values are ascertained: and power is therein given (where the
Court shall see just cause) to give longer time than allow'd by the
Act for putting in baile and declaring, but there is no such power
given for enlarging the time for pleading afterwards, if the
Court should see cause, but Plaintifs and Defendts. are tied to
the times directed by the Act, which may happen to be impossible or inconvent. and the Court has no power to releive them.
In the Act there is a clause, whereby it is directed no suit shall
be in the Supreme Court where the true and real cause of action
shall not exceed £20 of current money of that Colony besides
costs (except where titles of lands are anyway concerned) under
the penalty of paying the defendt. his costs, which may happen
to be mischeivous to plaintifs where the true and real cause of
action may exceed £20, but by the absence of a witness or
obstinacy of a jury the value may be found to be less and the
plaintiffe be oblidged to pay costs in such case, which will be
unreasonable. I have no objection agst. the other parts of the
said Act, but submit to your Lordships' consideration whether
the Act lieable to the aforesaid objections be fit to be confirmed.
As to the Act for preventing the multiplicity of lawsuits, 1714,
(described), I am of opinion this Act is very useful, and fit to be
confirmed. Signed, Edw. Northey. Endorsed, Recd. 3rd, Read
28th Jan., 1717/18. 2 pp. [C.O. 5, 1051. No. 47; and 5, 1123.
pp. 507–509.] |
| Jan. 2. |
294. Same to Same. Abstract. Has considered the Act of New
York (v. C.S.P. 6th Dec., 1715) declaring that all persons of foreign
birth heretofore inhabiting within this Colony and dying seized of
any lands, tenemts. and hereditaments, shall be for ever hereafter
deemed taken and esteemed to have been naturalized, And for
naturalizing all Protestants of foreign birth now inhabiting within
this Colony etc. Does not think this act, as framed, fit to be confirmed, for reasons stated. "The encouraging foreigners to settle
in the Plantations without naturalization, will be directly contrary
to the Act of Navigation " etc. Set out, N.Y. Col. Docs. V. 495.
q.v. Signed, Edwd. Northey. [C.O. 5, 1123. pp. 499–506; and
(memorandum of original, endorsed, Read Jan. 27, 1717/18) 5, 1051.
No. 46.] |
Jan. 1.
St. James's. |
295. H.M. Instructions to Sir Nicholas Lawes, Governor of
Jamaica. (v. Oct. 11 and Dec. 18, 1717.) [C.O. 5, 189. pp.
334–375.] |
Jan. 3.
Whitehall. |
296. Council of Trade and Plantations to the Earl of Sunderland. Since our Representation of 21st Dec. etc., we have
received the Act of Jamaica mention'd in the postscript, and
find it lyable to the objection therein mention'd. We therefore
humbly conceive it will be for H.M. service, that Sr. Nich.
Lawes shoud receive the King's commands upon this subject
before his departure. [C.O. 138, 16. p. 48.] |
| Jan. 4. |
297. Mr. Attorney General to the Council of Trade and
Plantations. Report upon Act of Antigua, 2nd March, 1715,
to prevent the encrease of papists and non-jurors in this Island
and for better governing those who are already settled here. The
end of which Act I apprehend is to remove all papists out of that
Island, and to prevent others from coming there. For it recites
that several papists are resident there, and others daily coming,
who receive benefit of the Law, and protection, yet refuse to
take such reasonable oaths and subscribe the declaration for
securing their allegiance and fidelity as are required in Great
Britain: In the first place, it requires all persons residing in that
Island, or who should after come thither, being or when of the
age of sixteen (except servants under covenant and feme coverts)
who should not have taken the oaths, and subscribed the
Declaration, since H.M. accession to the Crown, on notice given
to take the oaths of Allegiance and Supremacy, and to subscribe
the Declaration mentioned in the Act of 30th K. Charles II,
and to take the oath of adjuration. And it lays all the penalties
upon the refusers or neglecters thereof, which are laid in England
by the Laws made in the times of King James Ist, King Charles
IInd, King William and Queen Mary and King William, and
carries the penalties further to remove them out of the country
(altho' part of the title be for the better governing those already
settled there). For it makes them incapable to exercise any place
ecclesiastical, civil, or military, or to be an Assembly man,
Vestryman or Churchwarden, or to serve on any Jury, or to be
Executor, Administrator, or Guardian, or Agent to any person
or persons whatsoever, or to give a vote in the election of Assemblymen, Vestrymen, Churchwardens, or in any other case, or to
keep any arms, gunpowder, weapon or amunition, except allow'd
for the defence of their houses, and persons by the Council, or
to keep or ride a horse above the value of £20 current money of
that country: And disables them to take by purchase or devise
any lands, tenements or hereditamts. (negroes excepted) And
they forfeit for their lives the profits of the lands they now have
to their next Protestant kindred. And all persons are disabled
to take or keep any popish servant or slave: and such papists
are disabled to keep any shop, storehouse, tavern, punch-house
or victualling-house, or to sell, contract for, dispose of, or utter
any liquors, or other goods whatsoever: But the present Popish
inhabitants are enabled upon taking the oath of allegiance and
adjuration to keep their shops for a year and nine months and
no longer. There is a clause, that nothing in the Act shall
extend to Quakers, and a provisoe that conformity shall deliver
from the penalties of the Act. Agst. the approving the said
Act it hath been offered that all or most of the papists there are
H.M. subjects, and that several of them have inhabited and
settled there for thirty years, and were lately zealous in the
defence of that Colony agst. the French, and that several of the
preston rebels were transported thither by his present Majesty,
and that the expelling of such out of that Colony, will very
much weaken the same and force them to settle in, and
thereby to strengthen the Dutch or French settlements in the
West Indies, which may in time prove prejudicial to that Colony
in case of a war with France or Holland. And the annex't
affidavit hath been produced to me. As to most of the penalties,
I have observed before, That they are the same as in England,
upon papists; And I think it is very reasonable to keep such
out of all offices and out of the Assembly, and from being
Guardians to children etc. But I am of opinion it seems very
hard to disable them to execute any trade, or to be Agents for
other persons therein for that the same will amount to banish
them out of that Colony. And I do most humbly submit it to
your Lordspps. consideration whether it will be convenient to
banish all Papists out of H.M. Plantations there being no Law
like this (as I know of) pass'd in any other of H.M. Plantations,
or whether it would not be more convenient to oblidge all papists
to take the oaths of allegiance and abjuration and to deprive
them of all offices and from voting in the elections of them,
but to leave them at liberty to exercise their trades and to suffer
them to enjoy their estates, behaving themselves with duty and
allegiance to the Government, without oblidging them to take
the oath of Supremacy or make the Declaration mentioned in
the Act of 30th K. Charles II, which 'tis known no papist can
take or make etc. I have also considered of an Act pass'd in
Antigua Nov. 1716, for the erecting a new Church in St. Johns in
the room of the present parochial Church and for raising a yearly
reasonable tax for maintaining the same etc. By which Act it
appears, that the present Church is too small and out of repair.
Therefore provides for pulling down the same, and building one
more large in the roome thereof, the cost whereof is to amount
to £7408 7s. current money of that country, and is to be paid
by the inhabitants of the said Parish, by five payments in the
space of five years: and rules are made by the said Act for the
assessing, levying and paying the same. And I have no objection
in point of law against the said Act. I have also considered of
an Act passed in Antigua in Feb. 1716, to quiet present possessors
of lands, to limit actions, and avoid suits in Law; which Act takes
notice that upon the settlement of that Island many persons
took up great tracts of land, but did not improve, but departed
from the same, so that the Island was in danger of being deserted,
had not the Governor encouraged others to take up the said
lands, by giving patents, warrants and grants for the same,
which they thought was legal on failure of such non-setlers.
Others purchased and after settling of the lands purchased,
made great improvements thereon, and paid great taxes for
the same, and suits are daily commenced agt. such settlers and
purchasers. The bill provides for their ease, that all persons
in possession and who were so for five years before the bill by
vertue of any patent, warrant, grant, deed or any other lawful
conveyance duly recorded, are confirmed in their right and
title thereunto, and declared to have a good right to the same
during the estate or estates granted by such patent, grant,
warrant or other conveyance in writing, duly recorded, agt.
all persons whatsoever; except such persons as should prosecute
their title within three years after the date of the Act, or within
three years after impediments removed, if the claimer be under
age, marryed women, non compos mentis, or beyond sea, and
all persons not claiming their rights within three years after the
same shall accrue, are by the Act barred (except as aforesaid).
And where suits shall be within the time mentioned in the Act,
and there shall appear a good title for the plaintife, he is not
to recover the land, but to have the value of it, to be assessed
by the Jury who shall try the cause, if at Law, and if in equity
the value to be ascertained by commission, which is not restrained
to possessors at the time of the Act, but general; and the lands
are to be valued with respect to the place where scituated, and
the time when the person under whom the Defendt. shall claim
first derived his title. The Act makes good all sales made by
Treasurers or Churchwardens for publick or parochial taxes
laid on such lands, pursuant to the Laws of that Island, and
which were duly entred in the Book of the Treasurer or Churchwarden, altho' no deed of sale or conveyance be to be found on
record for the same;—and altho' several circumstances required
by the Act have been omitted to be done. But this clause is
not to affect any lands, for which a suit hath been commenced
in law or equity and depending at the time of the Act. And the
Act does limit certain times for the bringing personal actions.
Agst. the greatest part of which Act, I have no objection: But
the Act seems to be unpresidented to put the King and his subjects
on a level as to the time of claiming their rights. In England
in the times of King Henry 8th and Queen Elizabeth several
Acts of Parliament were made for confirming the Letters Patents
of the Crown, but no Statute of Limitation of time for their
suites. The Statute of the 21st of King James 1st agst. concealmts. made in England quieted possessors only where possession
had been agst. the Crown for sixty years and the Crown
had not been answered any rents, nor the lands duly in charge
within that time, but there is no Act that limits the Crown to a
time for commencing their suits. How far H.M. may be advised
for the quiet of the Island of Antigua to confirm the present
titles, if he shall not contest them within 3 years, as proposed by
the Bill, is submitted. But I cannot think H.M. will be advised
to put himself and successors for ever hereafter on the level with
his subjects as to the time of commencing future suits. Therefore if H.M. will be pleased to confirm the present possessions
(if he shall not think fit to contest them within the 3 years) I
think for future rights the Act should be made to extend only
to subjects suits. In the provisoe for persons under disability
to sue, is omitted persons in prison, who ought to have had time
allow'd them for commencing their suits after they should be
delivered out of prison; and the right of suing ought in the Act
to be express't to be for the person to whom the right should
come, his heirs, executors or admors., within the time limited
in ye Act. And the clause for recovering the value of the lands
instead of ye land should be restrained to suits agst. the present
possessors only, which may be reasonable, but it will be unreasonable for persons who shall have future rights to debar them from
recovering the land and oblidge them to take the value thereof,
wch. will be oblidging them to sell their lands, to possessors by
wrong, agt. their wills. On the whole, I am of opinion, for the
objections aforesaid, this Law is not proper to be approved but
that an Act between subject and subject for the purposes in the
Act, is reasonable, and necessary, and such Law with small
alterations may be framed. As to the quieting present titles
agst. the Crown, if H.M. shall be gratiously pleased to allow the
same, it's proper to be done by an Act for that purpose only,
and the repealing of this Law may be suspended till a new law
may be pass'd not lieable to these objections. Signed, Edw.
Northey. Endorsed, Recd. 7th Jan., Read 18th March, 1717/18
7¼ pp. Enclosed, |
|
297. i. Deposition of Ambrose Lynch of Antego in America
mercht. Some of the papists and non-jurors now dwelling on Antego, have lived there upwards of 30 years
and behaved themselves with all obedience and submission to the Government etc. They assisted in the
Expedition against Martinico and Gaudalupa and
appeared in arms in defence of the Island as often as
French ships appeared on the coast in the late war.
The Act to prevent the encrease of Papists etc. would much
weaken and depopulate the Island and lessen the trade
there etc. The reputed papists and non-jurors are
natives of Great Britain or Ireland. Signed, Ambr.
Lynch Barth (sic) 3rd Jan., 1717(18). 1¼ pp. [C.O.
152, 12. Nos. 68, 68 i.; and 153, 13. pp. 252–264.] |
| Jan. 6. |
298. Governor Hamilton to the Council of Trade and Plantations. Begins with copy of letter of 7th Oct., 1717 (q.v.). Continues: The man of war came to me at Nevis the latter end of
October which Island I left upon 4th Nov. and arrived the same
day at St. Christophers from whence I sailed the 9th in order
to visit the Virgin Islands as your Lordships had directed and
landed upon the 11th upon the Island of Anguilla which is a
long narrow Island so worn out that they can hardly subsist
their families, for that reason a great many of the inhabitants are
gone off and have settled upon Crabb Island etc. The next
Island I went to was Spanish Town, the Island Capt. Walton
talked so much off and informed your Lordships when I had the
honour to wait at your Board that it was equal with Antigua
or at least with any of the other four Islands; I could not then
contradict that Gentleman but by hearsay I told your Lordships
that I had always been informed that it was not capable to maintain 100 poor families, and now I must assure your Lordships
that it is a great deal worse than it was represented to me, it
being a pretty large Island but very mountainous and rocky,
has not 2,000 acres of manureable land, little or no timber in it,
and the land so worn out that the few inhabitants that are upon
it (which are but 54 men as your Lordships will see by the inclosed
list) and those have joined in a petition with the inhabitants of
Tortola for liberty to settle upon Sancta Cruis or Saint Cruix,
copy of which petition is here inclosed; From this last Island,
I went to the Island of Tortola, which is also a pretty large
mountainous rocky Island, a pretty deal of good timber upon it
little level land in it, but has most of it been given away in great
tracts under the great Seal of these Islands by my two last
predecessours, not as I believe with intent to make a Settlement
but for the sake of the timber for it is really not worth settling;
an other little Island called Beef Island lyes just joining to it,
the Channell not above a mile broad only fitt for boats to go
through, has but two families upon it, St. Peters Island Mr.
Walton talked of for the goodness of the harbour is a small
barren Island and the harbour only fitt for sloops; The next
Island I went to was the Island called St. Johns which is also
a small barren mountainous Island hath a pretty deal of good
timber upon it and an excellent harbour at the East end of it;
all these Islands and a great many more small ones not worth
mentioning and rocks innumerable lye as it were all in a cluster.
From hence I went to the Island of St. Thomas where the subjects
of the King of Denmark have settled upon and came to an anchor
off the mouth of the Harbour having been informed that the
Danes did not only come daily and cutt timber off of the several
Islands belonging to our Great Master but even talked of making
settlements upon some of them. I therefore thought myself in
duty bound to send word by Captain John Marshall of Colonel
Alexander's Regiment whom I sent on purpose to the Danish
Governor with instructions (inclosed) to forbid them, and in
case the Governor insisted upon it to let him know that the King
of Denmark had no good title to St. Thomas it self which was
done accordingly, but before he had my answer a ship came by,
which a little Brittish sloop that had escaped her amongst the
little Islands at whom he had fired three guns (the first under
Brittish colours, which he lowered and then hoysted a white
Ensign with the figure of a dead man spread in it) gave me an
account that the said ship was a priate upon which we made a
signall for Captain Marshall to come off which as soon as he did
we went after said pirate believing her to be a ship of about
18 or 20 guns but could not get sight of her, she having as we
believed turned up under the North side of that Island, we
stood as far as the Islands called Passage to the Northward,
Sunday the 17th we came about noon to Crabb Island where. I
went a shore the day following. This is a long very level Island
but one mountain in it at the South West end, and not high,
well timbered and an excellent soyl, it's about nine leagues
long, and in most parts about six or seven miles broad except
at the East end, there is not above two or three mile broad for
about seven or eight miles, it has a good harbour at the South
side about a third down from the East end when once ships
are in but the passage in is very narrow and ships must warpe
out again except they have the wind far northerly this Island
seems to be very fertile and excellent land, but then it is attended
with this inconveniency that it lyes so near to the Island of
St. John de Porto Rico that slaves upon the least disgust may
easily waft over in either canoes or bark logs it being just to the
Eastward of the center of that Island, the chanell shallow and
not above three leagues over; From hence I went to the Island
of Saint Cruis or Sancta Crois which lyes about 16 leagues to the
Eastward of Crabb Island and about 10 leagues due South from
St. Thomas, this is a very fertile Island somewhat more mountainous than Crabb, but most of the mountains not so high but
that they are manureable almost to the tops, this Island is
above 10 leagues long and in several places much broader than
Crabb Island, it has at the West end a very fine large bay or
road for shipping to ride and at the north side a pretty good
harbour called the Basin where Captain Hume in H.M.S. the
Scarborough did the last year destroy a pirate ship, besides several
other roads. This Island had once some English settlers upon
it, but as I am informed left it or were drove off in 1666, since
that the French had a Settlement upon it, the mines of a great
many of their houses are still to be seen and it abounds in a
great many places with fruit trees, as oranges, lemmons, and
lime trees, is plenty of timber and a great many wild cattle upon
it, some of our men that were out shooting have seen forty and
upwards of head of bulls, cows and calves in a drove, it is in
some places pretty well watered, and I am informed it produced
very good sugar. I think the soil very good. The French had
an order from home in or about 1690 or 1691 to abandon that
Island whether it was out of fear of a squadron of men of war
and land forces we had then in this part and that had taken
the Island of St. Christopher's and St. Eustatius from them or
that it was to carry on with more vigor the settlement of Cape
St. François upon the Island of Hispaniola I cannot inform your
Lordships etc. Had the poor people of Anguilla, Spanish Town
and Tortola, been provided for out of the conquered land of St.
Christopher's, they would some time since have not only been a
great strengthning to all the other Chief Islands but have by
this time increased the revenue of the Crown for as they now
are they are altogether useless, and so many men lost. Or if
your Lordships shall think fitt to represent to H.M. that according to their prayer they might all at once remove and settle
upon one of the two last Islands, and that they might have
tracts of land allotted them under the Great Seal of these H.M.
Islands to them and their heirs, they might in time become a
profitable Colony to the Crown and be able to defend themselves;
In my opinion Sainta Crois should be the island for these reasons.
First that it is larger and I think the land of an equal goodness;
secondly will by reason of its little hills more frequently draw
the showers of rain; thirdly that it lyes farther to windward
out of the way of the Spaniards who once in King James's time
took off from Crabb Island the few that had settled there by
commission from Sir Nathaniel Johnson, and kept them prisoners
so long or rather made them slaves upon Porto Rico that few of
them ever returned, but most of them perished among the
Spaniards etc. Awaits their "Lordships direction herein which
I hope will be soon the poor people of Anguilla and Spanish
Town being in a starving condition, and are with great difficulty
kept together; If H.M. should give directions for settling said
Island or one of them and if leave could be given to the Dutch
and Danes to settle amongst them I am informed a great many
of the Dutch from the Island of St. Eustatia the Island Sabeott
and the Island St. Martin's would immediately settle there and
take the oaths, several of the inhabitants from St. Thomas and
most or all the Brittish subjects that are settled upon that Island.
In my turning up to windward we did see another pirate ship
and a large sloop which we were informed when we came off of
the Island St. Eustatius by a sloop sent express from St.
Christopher's were two other pirates that had two days before
taken some of the trading sloops off of that Island and sunk a
ship loaden with white sugar etc. just under Brimstone Hill
which they had taken under Guadaloupe shore. The ship is
commanded by one Captain Teatch, the sloop by one Major
Bonnett an inhabitant of Barbadoes, some say Bonnett commands both ship and sloop. This Teatch it's said has a wife and
children in London, they have comitted a great many barbarities;
The ship some say has 22 others say she has 26 guns mounted
but all agree that she can carry 40 and is full of men the sloop
hath ten guns and doth not want men; This gave the people of
St. Christophers such just apprehensions of my safety in turning
up from thence to Antigua that they moved it to me in Council
to give them leave to impress and man a good sloop to attend
the man of war to see me up, which was done accordingly and
was put under the comand of one Col. William Woodrope an
inhabitant of that Island who had on board 110 men. Indeed
the man of war is so small as I formerly wrote your Lordships
that in case he should meet by himself these pirates it would be
exposing the Captain's character and perhaps be the loss of H.M.
ship, I therefore humbly intreat your Lordships to represent this
matter so as that a ship of 40 guns or at least one of 36 may be
ordered to attend this station without which the trade of these
Islands cannot be secured; This has been once represented to
the Admiralty board but all that was done was that the Tryal was
sloop as their Secretary writes was ordered for this station to
reinforce the small ship that attends here, but the Tryal was
then at Jamaica and believe is there still for I have heard nothing
of her; Their Lordships may much sooner order a vessell from
Brittain here than to turn up from that Island. On Friday the
20th of last month arrived the Scarborough man of war from the
station of Barbados, had lost her topmast as soon as she was
refitted. I ordered an officer and 20 men of the King's troopes
to be put on board, the same number on board of the Seaford
and are gone on the 21st in quest of the pirates who were by the
last accounts I had at Sancta Cruis or thereabout" etc. Refers
to enclosed affidavits, etc. Signed, W. Hamilton. Endorsed, Recd.
7th, Read 11th March, 1717/18. 5½ pp. Enclosed, |
|
298. i. Deposition of Richard Joy, Master of the sloop New
Division of Antigua, 30th Nov. 1717. This morning he
was taken by two pirate ships and a sloop who said they
belonged to Barbados and enquired what vessels were
along shoar. They restored him to his sloop etc., keeping one
of his men. Signed, Richd. Joy, his mark Copy. ¾ p. |
|
298. ii. Deposition of Thos. Knight, belonging to the Mountserrat Merchant, Benjamin Hobhouse, commander, 30th
Nov. 1717. On 29th Nov., seeing two ships and a sloop,
and thinking one did belong to Bristol, and the other two
to Guinea, he went in the long-boat to enquire for
letters. They desired us to come on board, but seeing
Death Head in the stern we refused it etc. They said
they were bound from Barbados to Jamaica etc. They
compelled us to go on board and asked about the guns
and ships at Kingslale and Plymouth etc. We made
Nevis. These and the ship they had taken out of
Guardalupa spying some vessels in Nevis, and among
the rest took one for the man of warr, they said they
would cut her out, but the Captain being ill prevented it
etc. Confirms preceding. They report the Captain of
the pirates name is Kentish and Captain Edwards
belonging to the sloop, and they report the ship has 150
men on board and 22 guns mounted, the sloop about
50 white men, and eight guns, and that they burnt part
of Guardalupa, when they cut out the French ship.
Signed, Thos. Knight. Copy. 1½ pp. |
|
298. iii. Deposition of Henry Bostock, master of the sloop
Margaret of St. Christophers, 19th Dec., 1717. On 5th
Dec., off Crab Island, he met a large ship and a sloop.
He was ordered on board and Capt. Tach took his cargo
of cattle and hogs, his arms books and instruments.
The ship, Dutch built, was a French Guinea man, 36 guns
mounted and 300 men. They did not abuse him or his
men, but forced 2 to stay and one Robert Bibby voluntarily took on with them. They had a great deal of plate
on board, and one very fine cup they told deponent
they had taken out of Capt. Taylor, bound from Barbados to Jamaica, whom they very much abused and
burnt his ship. They said they had burnt several
vessels, among them two or three belonging to
these Islands, particularly the day before a sloop
belonging to Antego, one (Robert) McGill owner. They
owned they had met the man of warr on this station,
but said they had no business with her, but if she had
chased them they would have kept their way. Deponent
told them an Act of Grace was expected out for them
but they seemed to slight it. Among the crew was a
nephew of Dr. Rowland of this Island etc. They asked
whether there were any more traders on the Porto
Rico coast, etc., and sent to look for them etc. They
intended for Hispaniola to careen and lie in wait for
the Spanish Armada that they expected would immediately after Christmas come out of the Havana for
Hispaniola and Porto Rico with the money to pay the
Garrisons etc. They enquired where Capt. Pinkethman
was. Deponent said he heard he was at St. Thomas'
with a commission from the King to go on the wrecks.
He believes they had much gold dust on board etc.
Signed, Henry Bostock. Nos. i.–iii. endorsed as covering
letter. Copy. 2½ pp. |
|
298. iv. List of the inhabitants of Anguilla, 22nd Nov., 1717.
Men (names given) 97, women 154, children, 234.
Negroes, 824. Same endorsement. 2 pp. |
|
298. v. Petition of inhabitants of Anguilla to Governor
Walter Hamilton. For several years Anguilla hath been
attended with insupportable drowths, the land very
poor and barren by means whereof not capable of production sufficient for the inhabitants thereof to subsist
on; many of them ready to perish and starve for want
of food, which we the said inhabitants to remove to
the Island commonly called Crabb Island is here
to endeavour to cultivate the same in planting
necessary food for our relief and sustenance rather
than utterly perish. Wherefore we the said inhabitants
H.M. most dutifull and loyal subjects in most humble
manner comends the premises to your Excellency's
mature consideration and prays that your Excellency
would please of your abundant goodness compassion to
protect us in the quiet and peacable enjoyment of the
said Island otherwise we must inevitably perish. Signed,
Christopher Hodges, Benjamin Arundell, Peter Downing
and 40 others. Same endorsement. Copy. 1 p. |
|
298. vi. List of the inhabitants of Spanish Town, 18th Nov.,
1717. 53 men, 60 women (names and nationality given),
204 children, 308 negroes. Same endorsement. Copy. 1 p. |
|
298. vii. Petition of the poor inhabitants of Tortola and
Spanish Town to Governor Hamilton. Whereas the
Island of Tortola is patten'd by six or seven persons
being granted by former Generals, the poor inhabitants
having no land to live upon but sufferance and during
their pleasure which causes petitioners to crave assistance from your Excellency, and the Island of Spanish
Town being worn out and scarce produce subsistance
for petitioners and their families, and whereas both
Islands inform your Excellency of an Island called St.
Croose which was formerly possessed and inhabited by
the subjects of Great Brittain, and was commissionated,
and now lies void; and as we are subjects to his most
sacred Majesty King George of Great Brittain therefore
your Excellency's poor humble petitioners desires the
humble liberty of settling upon the Island of St. Croose
as subjects of Great Brittain and shall ever remain, and
defend the said Island against all manner of forreign
Princes, and maintain the said Island in H.M. name etc.
Signed, Charles Darcy, Joseph Hall, Peter Markoe,
Patrick Conner and 80 others. Same endorsement.
Copy. 1 p. |
|
298. viii. List of the inhabitants of Tortola, 14th Nov., 1717.
Men (names and birth places given) 37, women 34,
children 88. Negroes 176. Same endorsement. Copy.
1 p. |
|
298. ix. List of men able to bear arms on Crabb Island (names
given) 46. Negroes 62. Same endorsement. Copy. 1 p. |
|
298. x. Governor Hamilton's Instructions to Captain Marshal.
To represent to the Governor in St. Thomas that His
Excellency is informed that several of the subjects of
the King of Denmark have not only presumed to cutoff timber from several of his Brittanick Majesty's
Islands but also to give out that they did design to
settle upon the Island of St. Johns or some other of
H.M. Virgin Islands. You are therefore to signifie to
the said Governour that he forbid any of the people
under his Government either to cut timber or presume
to settle on any of the Virgin Islands. In case he
persists or seems to support the people in their pretentions you are to give him to understand that the King
of Denmark hath no good title to St. Thomas it self.
Your are to represent that his Excellency is informed
that when any strays happen from any of the English
Islands that the people in St. Thomas exact a third
for salvage which is an unreasonable and unwarrantable
salvage, which you are to represent to the Governor
that he may see the same redressed. You are to represent the case of one Mr. John Phillip now in St.
Thomas but a subject of the King my Master and to
demand that justice might be done in the recovery of
his just debts and that he may have liberty to transport
himself and effects to any of his Britannick Majesty's
Kingdoms or Dominions where he shall think proper
without any lett or hindrance. Same endorsement.
Copy. 1 p. [C.O. 152, 12. Nos. 67, 67 i.–x.; and
(without enclosures) 153, 13. pp. 238–250.] |
Jan. 8.
Whitehall. |
299. Mr. Popple to Sir E. Northey. Encloses for his opinion
in point of law two Acts of Jamaica, Aug. 1717, (1) for the relief
of widows and orphans in relation to deficiencys, (ii.) for the more
effectual punishment of crimes committed by slaves. [C.O. 138,
16. p. 49.] |
Jan. 9.
Whitehall. |
300. Council of Trade and Plantations to the Duke of Newcastle, Lord Chamberlain of H.M. Household. We are extreemly
straitned for want of necessary conveniences in our Office, our
papers and records which must be carefully preserved for H.M.
service greatly encreasing every year: By which means we are
now so far reduced for want of room, that we have no place for
Gentlemen to wait in, whose business may oblidge them to attend
our Board. Wherefore we would entreat your Grace, to apply
to H.M. for his orders to build us one new room upon a piece of
spare ground, adjacent to our Office and appertaining to H.M.
which has already been surveyed by the Officers to H.M. Works
and adjudged proper for that purpose. [C.O. 389, 37. pp. 143,
144.] |
Jan. 9.
Whitehall. |
301. Order in Council. Repealing Act of Jamaica for continuing an act to impose dutys on severall commodyties etc. Signed,
Edward Southwell. Endorsed, Recd. Read 14th Jan., 1717/18.
1¼ pp. [C.O. 137, 12. No. 109; and 138, 16. pp. 53–55.] |
Jan. 9.
Whitehall. |
302. Order in Council. Repealing Act of Jamaica to impose
duties on negros exported etc. and directing Instructions to be
prepared for the Governor as proposed Dec. 21, 1717. Set out,
A.P.C. II. No. 1278. Signed, Edward Southwell. Endorsed,
Recd. 30th, Read 31st Jan., 1717/18. 3½ pp. [C.O. 137, 12. No.
113; and 138, 16. pp. 65–71.] |
Jan. 9.
Whitehall. |
303. Council of Trade and Plantations to Governor Sir N.
Lawes. Among the publick papers lately receiv'd from Jamaica,
there is an Act for the repairing, preserving and maintaining the
wall of Port Royal being made use of as part of H.M. fortifications,
passed 31st Aug., 1717, which we have considered, and do find,
that this Act applies £150 per annum out of £1,250 appropriated
by a former act to the use of the fortifications towards the maintaining, preserving and keeping in repair the wall mention'd.
We also find by a report from a Committee of the Council and
Assembly of 17th Aug., 1717, that almost all the fortifications
of Jamaica are in a very ruinous condition. We desire you therefore upon your arrival in Jamaica to examine into the state of
the sd. fortifications, and let us have a perfect account thereof
that we may be the better able to judge whether this supply of
£150 can be conveniently spar'd from the sum of £1250 already
appropriated for the fortifications of that Island in general.
Having likewise receiv'd from the Lords of the Admiralty the
extract of a letter from Capt. Baltchin relating to an agreement
made between him and Mr. Coleman for repairing the King's
Naval Store House there; We inclose to you copies of the sd.
papers, and desire that upon your arrival you will take care the
sd. Store House be kept in constant repair, and that H.M. ships
of war have all necessary accomodations therein, during their
stay in that Island. [C.O. 138, 16. pp. 50, 51.] |
Jan. 9.
Whitehall. |
304. Mr. Popple to Mr. Burchett. In reply to Dec. 27th,
the Council of Trade have written as in preceding concerning
the storehouse in Jamaica. [C.O. 138, 16. p. 52.] |
Jan. 9.
Whitehall. |
305. Order in Council. Approving Commission and Instructions for Governor Woodes Rogers as proposed 21st Nov.
and 11th Dec., 1717, with two verbal alterations. Signed,
Edward Southwell. Endorsed, Recd. 30th, Read 31st Jan.,
1717/18. 1¼ pp. [C.O. 23, 1. No. 9; and 5, 189. p. 376 (a);
and 324, 33. p. 121.] |
Jan. 9.
Whitehall. |
306. Order in Council. Samuel Page is removed from the
office of Deputy Secretary of Jamaica and all other offices of
trust in the said Island, etc. Signed, Edward Southwell. [C.O.
324, 33. pp. 130, 131.] |
Jan. 9.
Portsmo. in N. England. |
307. Lt. Governor Wentworth to the Council of Trade and
Plantations. This is the first opertunity since the arrivall of
my Commisso. for Leiut. Gov. etc. in the roome of Mr. Vaughan,
from whom I expect your Lordships has complaints lodged against
me. I know that he can't make out anything against me worse,
then that I am a man in trade, but I have and am calling it into
a narrow compas etc. I faithfully promise to doe my utmost
endeavours to doe all possible honnour to my King in the office
I sustaine etc. The smuglin trade is ye least carried on in this
Province as in any part of the country, for this seven years past,
but indeed I must say I believe its in a great measur oweing to
Mr. Armstrong our present Collector care, etc. Signed, Jno.
Wentworth. Endorsed, Recd. 4th July, Read 9th Dec., 1718.
Holograph. 2 pp. [C.O. 5, 866. No. 171; and 5, 915. pp.
161, 162.] |
Jan. 10.
Whitehall. |
308. Mr. Popple to Sir William Thomson. The Council of
Trade and Plantations having had under consideration your
report of the 18th Dec., have still some doubt upon that part
which relates to the Massachusets Charter, because the granting
part thereof seems to include the land in question, and therefore
they have commanded me to send you a copy of your said Report
and the Charter that you may please to reconsider the same
etc. [C.O. 5, 915. p. 78.] |
Jan. 10.
Whitehall. |
309. Petition of Thomas Skerret, Nicholas Lynch, Cornelius
Holleran, Peter Martin, James Fallon, and Henry Browne to
the Council of Trade and Plantations. On behalf of themselves
and other Popish inhabitants of Antego, object to Act to prevent
encrease of Papists etc. as Jan. 4. q.v. Add:—If it be approved
of, the Protestant inhabitants of the other Colonys as of Maryland, will on the least peek with any of their neighbours, who
they know to be a non-juror, promote the passing such an Act
as this etc. On hearing of this Act the Govrs. of Martinico and
Gaudalupa made petitioners severall advantagious offers to
come and settle among them, but being thorowly satisfied of
the happiness they enjoy under his present Majesty, they are
desirous to live under his gratious protection, unless banished
by this law etc. Endorsed, Recd. 10th Jan., Read 18th March,
1717/18. 2 pp. [C.O. 152, 12. No. 69; and 153, 13. pp. 264–268.] |
| Jan. 10. |
310. P. Diharce and Bernardo de Guardia to the Council
of Trade and Plantations. Pray for a speedy report on their
petition of 10th Dec., 1717. Signed, P. Diharce, Bernardo de
Guardia. ¾ p. Enclosed, |
|
310. i. Petition of P. Diharce and Bernardo de Guardia,
Agents of the Spanish master and owners of the
Nostra Signora de Bethleem, condemned at Jamaica, to
the Council of Trade and Plantations, Aug. 28, 1717.
cf. 10th Dec., 1717. Signed as preceding. Endorsed,
Recd. 28th Aug., 1717. 1 p. |
|
310. ii. Manifest and bills of lading of the sloop Nostra Senora
de Belem in her voyage from Vera Cruz to Havana.
Translated from the Spanish. 130 pp. [C.O. 137, 12.
Nos. 108, 108 i., ii.] |
| Jan. 13. |
311. Governor Sir N. Lawes to the Council of Trade and
Plantations. Encloses following. Signed, Nicholas Lawes. Endorsed, Recd. 14th, Read 23rd Jan., 1717/18. 2 pp. Enclosed, |
|
311. i. Observations by Sir Nicholas Lawes upon some Acts
of Jamaica not yet confirmed. 1¼ pp. [C.O. 137, 12.
Nos. 111, 111 i.] |
Jan. 13.
Whitehall. |
312. The Earl of Sunderland to the Council of Trade and
Plantations. Encloses following for their report "whether it
be fitting for H.M. to comply," etc. Signed, Sunderland. Endorsed, Recd. 15th, Read 17th Jan., 1717/18. ¾ p. Enclosed, |
|
312. i. Petition of Lt. Col. Martin Purcel to the King. Lt.-Col.
in Col. Philips' regiment and Lt. Governor of Placentia,
petitioner was rewarded for his services in Spain,
Portugal and the last rebellion by those offices. Being
informed that the Governor of Antegoa is recalled, he
prays for that appointment, etc. French. 1 p. [C.O.
152, 12. Nos. 59, 59 i.; and 153, 13. pp. 187–189.] |
