|
July 11.
New York. |
613. Governor Hunter to the Council of Trade and Plantations.
Refers to receipt of seal and asks for an alteration in the Council
of New Jersey, supposing that the superseding of George Deacon
by John Wells arose from misapprehension of what he wrote etc.
Set out, N. J. Archives, 1st Ser. iv. 373. Signed, Ro. Hunter.
Endorsed, Recd. 10th Sept., Read 1st Oct., 1718. Holograph.
3pp. [C.O. 5, 971. No. 75; and 5, 995. pp. 448, 449.] |
July 11.
Kensington. |
614. H. M. Warrant to Governors of Plantations to grant
pardon to pirates surrendered in accordance with the Proclamation
of 5th Sept., 1717, etc. Countersigned, J. Craggs. [C.O. 324,
33. pp. 170–178.] |
| July 11. |
615. Richard West to the Council of Trade and Plantations.
Reply to 7th July. By the Act of New Hampshire for the relief of
Ideots etc., it is enacted that ye overseers of ye poor or select men
of every town, shall be empower'd to take any person whom they
shall judge to be mad, into their custody, in case there be no
relations who undertake ye trust, and are even impowered (upon
application first made to the Sovereign Court) to sell the estate of
ye lunatick etc. Upon which Act I must observe that there are
no rules laid down nor method prescribed by wch. a person is to be
proved and declared to be a lunatick but ye whole is left to the
disposition of ye beforesd. overseers; wch. is a power perfectly
unknown to ye laws of England. And likewise that there is no
notice or care taken of the Royall Prerogative. By law ye King
has ye custody both body and goods etc. of every naturall born
ideot and ye yearly value of his lands doe belong to ye Crown.
The King also by his prerogative hath ye custody of accidentall
lunaticks, thoˆ he hath not an equall interest in their estates.
And ye custody of those persons hath been always obtained by
application to ye Crown for a Comission of Lunacy wch. issues out
of ye Court of Chancery. And since ye Governors of ye Provinces
in ye West Indias have alsoe ye power of a Chancellour likewise
granted to them perhaps your Lordpps. may think it adviseable
that ye like Commissions should issue from the Government there.
And least ye Governour should use this power to the oppression of
any particular persons he might be directed not to pass such
Comission untill such time as a writ de Ideota inquirendo should
be directed to ye Sherriffe of ye County and a return of ideocy
made upon ye verdict of a jury summoned in ye County where ye
ideot is alleadged to be liveing. Which method I think is preferrable to ye giveing a power to ye overseers of any town to lock up
without any ceremony any person whatever whom they shall
agree to vote mad, etc. By the Act providing for posthumous
children it is inter alia enacted, that if any child born during ye
life of ye testator should happen to be omitted and not mentioned
in ye will of his parents, that in such case ye will as to such child
should be totally void and ye child entituled unto such a proportion of its parents' estate as it wou'd have been in case its parents
had died intestate. Not to take notice of this claus's being
altogether foreign to ye title of ye Bill I must observe to your
Lordpps. that this clause is in my opinion contrary to that right
wch. every man has to dispose of an estate acquired by himself.
But that is not all since in consequence of this clause a child whom
perhaps his father did leave out of his will as a punishmt. for his
disobedience or some other crime shall by setting aside his father's
will in this respect contrary to ye testator's intentions have a
greater proportion of his father's estate than ye most dutifull of
his children who are legatees in ye will. As to that clause which
referrs to posthumus children who may be unprovided for I
think it perfectly just that ye legatees should loose pro rato of
their legacies in order to make a reasonable provision for such
child. But how far what hath been alleadged shall be of weight
sufficient to induce your Lordpps. to pass or not to pass this Bill,
I entirely submitt. By the Act against High Treason there is
nothing enacted to be treason but what is so att ye Common
Law. But yet they make severall alterations in ye rules by wch.
any traytor must be convicted for thoˆ in ye first part of their
Act they doe seem to imitate ye Statute of the 25th of Edward
III., yet they have added to it ye necessity of haveing two
witnesses to ye same overt act of treason which is a difficulty in
ye conviction of traytors unknown to ye Common Law by wch.
all tryalls are pr. patriam and not pr. testes. By another clause
it is enacted that all persons prosecuted for High Treason, their
tryalls shall be regulated according to ye Act of 8th Will. III.
for regulating of tryalls in cases of treason. I shall not insist upon
any advantage that may be taken from their misreciteing ye Act
(wch. was really VIIth Will. III.). But shall consider it as if ye
recitall had been justly made the method prescribed by that
Act has made it extreamly difficult to convict any person of
Treason but yet in that Act there are exceptions for those treasons
in wch. it cannot be supposed that two wittnesses to ye same
overt Act should be procured wch. exceptions are not inserted in
this Act. But those persons wch. by ye Statute of K. William
are precluded any priviledges granted by that Act, are by this
Act of New Hampshire entituled to them; as for instance persons
prosecuted for counterfeiting ye coin, of ye Great or Privy Seal
(and also ye Sign Manuall and Signett wch. are two species of
treason not taken notice of by this Act of New Hampshire).
I must further observe that as ye Statute of ye 25th of Edw. III.
is declaratory of ye Common Law I am of opinion that it is much
better for ye Plantations to keep ye cases of treason within ye
rules of yt. Statute than to perplex them with any new ones, and
it is certain that ye Crown has ye subjects of those Provinces much
more at command by ye Common Law yn. it would have if the
English Statutes of Treasons were extended to them. And
doubtless ye example of this Province will be immitated by all ye
other Colonies. And therefore since ye King's prerogative is
proposed to be lessened by this Act I submitt it to your Lordpps.
to judge whether it is reasonable to grant what may be called so
large a priviledge without anything being offer'd to ye Crown on
ye part of ye Province (as ye setling Revenue etc.) to induce it.
Signed, Richd. West. Endorsed, Read 11th July, 1718. 3 pp.
[C.O. 5, 867. No. 1; and 5, 915. pp. 163–168.] |
July 14.
Boston. |
616. Mr. Bridger to the Council of Trade and Plantations.
My Instructions from the Lords of the Admiralty forbids all
persons H.M. woods, without leave, the inhabitants of all the towns
next H.M. woods being accostomed to go and cut such trees as
were not fitt for the Royall Navy, the woods being first survey'd,
and the trees marked that were to be reserved, to put these
Instructions in practice gave me very much trouble; and the
people dissatisfaction, however by care etc. and a deep snow falling
in November the wood has been preserved better than in some
years past. But ill minded persons factious, malicious, and
disloyal and vile in practise are never easie and who to carrie on
their designes stick at nothing, all which will appear in the actions
of one Elisha Cooke Esq. one of the Council of this Province, who
in a letter to the Spaker of the House of Representatives unjustly
falls on me, and office: asserts vindicates, and maintaines, that
his Majestie nor officers has anything to doe with the woods
in the Province of Main etc. Refers to enclosures. Upon my
Memorial, the Governour at the next election of Councilors was
pleased to put a negative on sd. Cooke. Since wch. he has
delivered another representation to the Govr. and Council and
Assembly to wch. I answered by Memorial to the Governour.
But the majority are for him and [h]is rebelious assertions,
saying that they bought the Province of Main for £1250 (80 miles
long), which was out of the power of the than Charter to purchas,
much less had they a power to annex it to a Charter Govermt.: if
so, they may now purchass Roade Island Connecticutt etc. and add
it this Charter, and entierly throˆ of H.M. power and prorogative
from this Continent: the people of thi[s] Province pleading they
have a Charter. When the dispute of H.M. just rights and
prorogative of the woods was debating in the lower house, I
gave one of the Members two Acts of Parliament pass'd in the
4 and 11 years of the late Queen for the preservation of H.M.
woods here in America, he was very smartly answered, that Acts
of Parliament were of no force with them, they had a Charter,
with great submition I am of oppinion that the grant of the
Province of Main may be reassumed and annexed to H.M.
Province of New Hampshire, with much more reason than the
grants of Ierland were, without any regard to the possessors, if
it should be thought proper to repay the purchas summ etc. The
Province of Main is better furnished wth. mastt trees both for
number and large sizes more than all besides: there are now cut
this last winter 3/5 of what was cut of the 478 trees; there are
several new towns laid out in the sd. province since 4 years past,
all and every Proprietor that have conveniences for a saw mill is
building one; and nothing but a resumption of that grant will I
fear do to preserve the woods: an Act of Parliament as severe as
that for the preservation of pitch pine trees, or tar trees, that
very Act would wth. amendments do. but i pray leave to inclose
a copie for a bill to be pass'd forthwith etc., or all the large pines
will be destroy'd, etc. I allways deemed the woods without the
township to be his Majesties; the General Court says he, that is
H.M. has none, and that it is in their power to grant all land and
woods without the townships, or give them away as they please,
and can lay out and give away another rainge of towns above the
present towns; if so, the King cannot have a mast tree without
purchassing it of these Proprietors, etc. What further may be
done prejudicial to H.M. intrest I cannot yet informe; There
being a Committe appointed of the Uper and of the Lower house,
to sitt as Judges of H.M. title to the woods in this Country, which
with other particulars remaine undetermined till the next
Sessions in October etc. Refers to enclosures and Mr. Cooke's
disloyal pretentions and malicious and false chargesetc. Suchlike
treatment I have allways meett with from those people, etc.
All belonging to the Crown are so obnoxious to these people in
generall, that it is very dangerous for [one ?] to travaile alone,
etc., as the officers of the Customs can testifie who has been molested
in the execution of their duty, in all the Charter Governments,
some of them being forced home this last year for redress etc.
Refers to his affidavit in answer to Cooke's false charge that he
exacted 40s. a team from the inhabitants who cut trees for loggs
within the grant of their townships etc. In the time of my
absence and some time before these Great and Generall Assemblys
has laid out eight new towns, and no reserve made according
to the Charter which reservation ought to have been the obligatory
part in every town grant so lay'd out, the neglect of wch. not only
a breach the Charter, but destroys all the woods within those
townships beyond redress, besides whenever there is occasion to
but name this is for H.M. intrest or 'tis against the Prorogative
of the Crown, the answer is, these are the privileges of the Charter,
so that the Charter is allways pleaded and the reservation for
H.M. Navy is null'd. If this Magogg or Idoll of these people
were lost, no one person would suffer a penny damage in their
estates: and H.M. intrest secured, and officers protected, and
keept from the insults of the people etc. P.S.— There is affidavitt
wherein I am charged with receiving £20 and £5 for leting some
people get logg and that on land up Merrimack River, and is
in propriete wth. some other persons and myself. Signed, J.
Bridger. Endorsed, Recd. 29th Aug., Read 23rd Sept., 1718.
4 pp. Enclosed, |
|
616. i. Memorial of John Bridger to Governor Shute. Replies
to Elisha Cooke's false and malicious aspersions. The
royalty of the woods has never been sold or alienated,
as he maintains, as appears by many Acts of Parliament.
Points out inconsistency of Mr. Cooke, who in one place
affirms that the General Court may dispose of unappropriated lands, woods etc., and in another declares that
no person might presume to cutt down trees without the
townships, etc. Continues:— I have an authentick
affidavit from Samuel Plaisted that he heard Cooke say
that neither the King nor Mr. Bridger his officer had
anything to doe in the Province of Main. In the present
Charter the woods are expressly reserved for H.M. use,
etc. Copy. 1½ pp. |
|
616. ii. Memorial of Elisha Cooke to the Governor, Council and
Assembly of the Massachusets Bay. Charges Mr. Bridger
with having received £50 from Mr. Mico for masts sent
to England. Continues:— When I was in Main,
Jan. last, being inform'd that there was a designe to
entice the inhabitants there to give Mr. Bridger or his
Deputy money to cutt loggs in that county, some having
been threatened by Samuel Plaisted, his Deputy, and
others had the trees they had cut for sloop masts
seized, because they had not Mr. Bridger's liberty,
althoˆ they grew within the township of Berwick, I
informed the people that they might cut trees for logs
etc. and be in no danger of the penalty of £100 mentioned
in the Charter. Charles I. granted the Province of
Main, with all its woods etc. to Sir Ferdinando Gorges,
whose son sold it to John Usher in 1677 for £1250.
Usher conveyed his title to the Collony of the Massachusets Bay. The General Court may therefore doubtless
dispose of the unapropriated lands woods etc. to such
persons as they think fitt, more especially considering
the Charter granted by King William and Queen Mary
to the inhabitants of this Province doth confirm all
lands tenements etc. which any persons and persons
body's pollitick do hold and enjoy etc. If so, the
suppositions of Mr. Bridger that all the woods without
ye townships are H.M.'s, must fall to the ground. Mr.
Bridger might travail a little further where there are
very large tracts of lands and woods not granted to any
private persons etc. Boston, June 14, 1718. Add.
June 16, 1718. Being desired to explain above statement
that "I did inform the people that they might cut
trees etc.," I declare that I informed the inhabitants that
no person might presume to cut down any trees without
the bounds of their townships etc. Signed, Elisha
Cooke. The above memorial was referred to a Committee
of the Council and Assembly July 1st–5th. Copy.
3¼ pp. |
|
616. iii. Memorial of John Bridger to Governor Shute. Cooke
not only denys the power H.M. has invested me with,
but tells the inhabitants of Main they may cut where
and what log they please etc. This arbitrary liberty
this Gentleman dispences will soon destroy all the mast
trees reserved by H.M. in the Charter for the Royall
Navy, and lay H.M. under a necessity not only to keep
but makeing a peace with the Northern Crowns let it
be never so injurious to the trade and interest of Great
Brittain etc. The time being near wherein your Excellency will have an oppertunity to remove all enemies
to H.M. and his interest from the Council, obliges me to
put your Excellency in mind thereof etc. Copy. 1p. |
|
616. iv. Memorial of Elisha Cooke to the Speaker of the
Assembly of the Massachusets Bay. Boston, 6th Feb.,
1717. Complains that Mr. Bridger is endeavouring to
force the inhabitants of Kittery and Berwick to pay him
40s. for each team they send into the woods, and exacts
from them for his licence to work upon land within
grant of the townships and a bond of £100 that they
cut down no trees fit for masts for H.M. use. The
reservation made by H.M. in the Charter cannot be
construed to countenance Mr. Bridger, for it can only
refer to trees that grow upon lands not heretofore
granted to any private persons, and the Province of
Main was long since granted by the Crown to Sir
Ferdinando Gorges etc. Signed, Elisha Cooke. Copy.
2¾ pp. |
|
616. v. Mr. Bridger to Governor Shute. Copy of an Act
proposed to be pass'd for the better preservation of
H.M. woods and intrest in America. ¾ p. |
|
616. vi. (a) Deposition of Samuel Plaisted. Portsmo., June
12, 1718. Deponent heard Cooke say that neither the
King nor Mr. Bridger had anything to do in the county
of Yorke formerly the Province of Main in surveying
the mast trees etc. Signed, Saml. Plaisted. |
|
(b) Deposition of Archibald Macpheadris to same
effect. Portsmo., May 16, 1718. Copy. The whole, 1p. |
|
616. vii. Mr. Bridger to Mr. Popple. I offered to take the
oath before the Governor and Council, that I have not
exacted any sum whatever from the inhabitants of the
county of York, nor from any other person, as alledged
No. iv., but was reffused, etc. Signed, J. Bridger. 1p. |
|
616. viii. Mr. Bridger to Josiah Willard, Secretary. Acknowledges copy of Cooke's charges and denies them. Boston,
April 15, 1718. Signed, J. Bridger. Endorsed, Recd.
29th Aug., Read 23rd Sept., 1718. Copy. 1p. [C.O.
5, 867. Nos. 12, 12 i.–viii.; and (without enclosures)
5, 915. pp. 206–214.] |
July 14.
Boston. |
617. Mr. Bridger to Mr. Popple. Acknowledges letter of
11th March etc. Continues:—No care shall be wanting on my
part to protect H.M. interest etc. I pray their Lordships may be
minded that there are near 7000 inhabitants who loose no oppertunity to inrich themselves, by the spoyles they make out of H.M.
woods (but 'tis in dispute whether H.M. has any woods in this
Govermt. or no) and but one person to secure 60 or 70 miles in
length next the woods against their wasts and destruction. I am
not contending for assistance whereby to make an advantage to
myself, or putting the Crown to any expence but such as the
publick good in a most necessitious manner calls for it etc. H.M.
in his Commission did establish my salary and the Navy to pay
for it, the dispute was with my Lord Orford himself, who was so
superiour a man that he would have the nomination of the officer
he paid, but as soon as he heard the Commission read to him,
said he had nothing to doe wth. it the King had appointed my
salary and bid me go and recieve it. This was the difficulty,
not the establishmt. of the salary. I should be glad to be inform'd
of your meaning, when the survey is done that I am upon the
Deputies might expect a reward, there is none will worke an
houer without a certaine pay etc. Urges that Cooke should be
sent for home to answer to H.M. Court of Exchequer etc. Unless
such as he be humbled, and H.M. intrest supported, as well
otherways as by Acts of Parliament, the intrest of the Crown,
and H.M. prorogative will entierly be lost here etc, Signed,
J. Bridger. Endorsed as preceding. Addressed. 1¼ pp. [C.O.
5, 867. No. 13; and 5, 915. pp. 214–216.] |
July 14.
N. York. |
618. Governor Hunter to the Council of Trade and Plantations.
The ship (Capt. Gerard Comder.) being still here, I herewith send
your Losps. an abstract of the import from the Western Islands
chiefly Madera together with the quarterly accounts which I
believe your Losps. will find to be very exact and nicely conformable to the Instructions etc., and your Losps. shall have them
punctually by all conveyances. Signed, Ro. Hunter. Endorsed,
Recd. 10th Sept., Read 1st Oct., 1718. Holograph. 1 p.
Enclosed, |
|
618. i. Account of imports to New York from Madera, 24th
June, 1715–1718, in return for exports of provisions,
grain and pipe-staves. Totals:—Wine, 1614 pipes,
47 hhds., 59 casks. Spirits, distilled at the Western
Islands, 1 hhd., 36 casks. Same endorsement. ½ p.
[C.O. 5, 1051. Nos. 75, 75 i.; and (without enclosure)
5, 1124. p. 54.] |
July 14.
Admiralty Office. |
619. Lords Commissioners of the Admiralty to Mr. Secretary
Craggs. Reply to July 8. Propose that H.M. Surveyor of Woods
in America, lately appointed, be instructed to survey those of
Nova Scotia, by himself or by deputy. As to a small vessel to
attend on that Government, the numbers of men actually employed
in the Royal Navy do very much exceed what Parliament have
made provision for etc. But if H.M. shall think it for His service,
we shall endeavour to appoint such a vessel as may occasion the
least expence; tho' it is our opinion, that if she doth not depart
from hence within a month, she will not be able to lay hold of
the coast this year, and whether the Governor can be able to leave
England by that time is uncertain to us. Signed, J. Barkeley,
J. Jennings, Jo. Cokburne, W. Chetwynd, Cha. Wager. 3 pp.
[C.O. 217, 31. No. 18.] |
Boston. |
620. Mr. Cumings to the Council of Trade and Plantations.
Replies to questions of 6th March. (i.) There may be 100,000
weight of wooll annually in this province and Rhoad Island but
difficult to know the exact quantity. (ii.) As to what quantity
is exported it is done with such privacy that it is difficult to find
out but it has been reported they have exported some from
Nantucket Island (where they have 10,000 sheep) to France.
(iii.) The most part of itt is here manufactured into shalloons
serges stuffs drugets and kersies and here consumed a sample
whereof I shall indeavour to procure your Lordships and the
prices they sell for and a sample of the wooll which is sold now att
16d. pr. pound. I am att present a stranger to the price of wooll
in England so cannot so readily give my thoughts thereon but if
a præmium was given to enable the merchts. to make any tolerable
return by wooll it would much decrease the manufacturing of the
wooll here and advance the Brittish for where the greatest
quantity of wooll is produced is upon Islands where little or none
of itt is manufactured, etc. The export for Great Britain from
Christmas to Midsummer from this port stands thus:—Whalebone
177 bundles, pitch 2665 barls., tarr 7599, turpentine 3202, rozin
32, oyll 3091, rice 543, indigoe 22, sugar 100 hhds., brazeletto
wood 22¾ tuns, fustick 52 tuns, lignum vitæ, 100 tuns, skins and
furrs 58 hhds. and casks, staves 131,600, etc. Signed, Archd.
Cumings. Endorsed, Recd. 29th Aug., Read 23rd Sept., 1718.
1¼ pp. Enclosed, |
|
620. i. Account of foreign enumerated commodities imported
in the port of Boston 24th June, 1717–1718; showing
French, Dutch, Danish and Spanish origins. Signed,
Archd. Cumings. Cocoa, from St. Thomas, 144 barrls.,
from Martinico, 133; Indigo, from Cyan 150lb., Cotton,
from St. Thomas 174 bags; Molosses, from Cyan,
49 hhds., 71 teirces, from Surinam, 737 hhds., 37 teirces,
6 barls.; Sugar, from Cyan, 10 barls. from Cape François
16 barls., from Surinam, 4 barls., from St. Thomas,
7 hhds., 40 teirces, 145 barls. Rum, from Surinam,
10 hhds., 13 teirces, 3 barls. 1 slip. [C.O. 5, 867.
Nos. 10, 10 i.; and 5, 915. pp. 201–204.] |
July 15.
Boston. |
621. Mr. Cumings to Mr. Popple. Acknowledges letter of
6th March and recommends appointment of an Inspector Generall
of Imports and Exports of each Colony etc. Signed, Archd.
Cumings. Endorsed, Recd. 29th Aug., Read 23rd Sept., 1718.
½ p. [C.O. 5, 867. No. 11; and 5, 915. p. 205.] |
July 15.
Whitehall. |
622. Mr. Secretary Craggs to the Governor of Jamaica. It
having been represented to H.M. in behalf of the Jews inhabiting
Jamaica, that many of their profession have been settled in that
Island for several years, on encouragement from an Act passed
there, as also by Letters Patent of naturalization, and that others
of them have been born upon the place; all of which have carried
on their trade, possessed lands, and enjoyed all other rights,
privileges and jurisdictions granted them by the said Act and
Letters Patents, in the same manner as the other natural-born
subjects of H.M., without distinction on account of their Religion:
And it having been further represented, that there have been some
late attempts to diminish their aforesaid privileges, though they
have on all occasions given incontestable proofs of their zeal
and affection for H.M. Person and Government: I am therefore
to signifie to you H.M. pleasure, that you give all fitting encouragement and protection to the Jews settled, as abovementioned, in
Jamaica, so far as the Laws of that Island now in force do allow,
provided they on their part demean themselves quietly; to the
end that they may remain in the peaceable possession of such
privileges as they have hitherto enjoyed. Signed, J. Craggs.
[C.O. 324, 33. p. 179.] |
July 15.
Whitehall. |
623. Mr. Popple to Mr. Burchett. Asks for copy of Admiral
Benbow's letter to the Governor of St. Thomas, 21st Oct., 1699,
and of his answer. (v. No. 593 iv. (a).) [C.O. 153, 13.
pp. 349, 350.] |
July 15.
Admty. Office. |
624. Mr. Burchett to Mr. Popple. Reply to preceding. The
said letters were some time since unfortunately burnt, among
others, in a particular place where they were lodged in the garden
of this Office; but I having, before this accident hapen'd, collected
several things from the letters of the Flagg Officers, in order to the
compleating the History which I have almost finished of Naval
Affaires, I send you herewith an account of what I have observed
passed between Rear Admiral Benbow and the aforesaid Governor
of St. Thomas's, and if the same may be of any use to the Lords
Commissioners for Trade, I shall be very glad. Signed, J.
Burchett. Endorsed, Recd., Read 16th July, 1718. 1 p.
Enclosed, |
|
624. i. Mr. Burchett's account of what passed between Rear
Admiral Benbow and the Danish Governor of St. Thomas.
At the request of the President of the Council of Nevis,
the Rear Admiral sail'd to the Island St. Thomas,
inhabited chiefly, if not altogether, by subjects of
Denmark, and demanded by what authority they bore
the flag of that Nation on Crab Island, since it appertained to the King of England his Master: He also let
the Governour know, that it was not agreeable to the
Laws of Nations, to trade with Pyrates, (it being
evident he had suffer'd great part of Kidd's cargo to be
landed at that Port), and demanded of him all subjects
of England who were non-resident there. The Governour seem'd surprized at his making any objections to
the Flag, and insisted that the Island whereon it flew
was actually the King of Denmark's. The Port he said
was free, and since the Brandenburgh Facters had
received part of Kidd's effects, he could by no means
molest, but on the contrary, was obliged to protect
them: He averr'd that there were not any of the subjects
of England on the Island, Capt. Sharp only excepted,
who was confined for misdemeanours, and having sworn
allegiance to the King of Denmark, could not justifiably be deliver'd up, so that the Rear Admiral was
obliged to desist, for his Instructions did not empower
him to act in an hostile manner, etc. [C.O. 152, 12.
Nos. 106, 106 i.; and (without enclosures) 153, 13. pp.
350, 351.] |
| July 16. |
625. Copy of Privy Seal directing salaries to be paid to the
Lords Commissioners for Trade and Plantations:—Robert, Earl
of Holdernesse, John Chetwynd Esqr., Sir Charles Cooke, Paul
Docminique, John Molesworth, Thomas Pelham, Daniel Pulteney
and Martin Bladen, and under officers. Endorsed, Recd., Read
8th Aug., 1718. 2 pp. [C.O. 388, 77. No. 46.] |
| [July 16.] |
626. Capt. Passenger to Mr. Popple. Encloses following.
"The most exact account I could possibly get, in that short time
I was there, wch. was less than two months, and 12 months would
have been too short a time to have done it effectualy, it being
110 leagues from Bonavist to Placentia, and has 21 fishing harbours
and coves in it, wch. I was obliged to send my officers to, and hire
boats and sloops at my own charge, there not being one shilling
allow'd for it" etc. I have no manner of intrest in it more than
for the good of H.M. subjects etc. Signed, W. Passenger.
Endorsed, Recd. 16th July, Read 15th Aug., 1718. ¾ p.
Enclosed, |
|
626. i. Capt. Passenger's answers to Heads of Enquiry relating
to the Trade and Fishery of Newfoundland, May 9th,
1717. (i.) There are some small numbers of black
cattle, sheep and hoggs, etc., and a small no. of beaver
furrs etc. of the Planters own killing in the winter, but
have no trade with the Indians. (ii.) They are supply'd
with bread, flower, rumm, brandy and tobacco from
New England to the great prejudice of those trading
directly from Great Brittain. (iii.) In the spring
before H.M. ships can arrive they do rind the trees to
cover their houses and stages, and cut down a great
deal of birch to make new flakes to dry their fish on, the
other being burnt in the winter, to the great decay and
destruction of the woods, and the fishing ships trading
thither; they being forced to go 5 or 6 miles in ye woods
for a stick of birch as big as my arm, being contrary to
the Act of Parliamt. and the advantage of all that reside
or trade there, and all for want of good Government in
the winter, otherwise the flakes and stages would last
seven years. (iv.) He that is the strongest man, in
the winter commonly ingrosses other men's right; until
H.M. ships arrive etc. (v.) That is frequently done till
the arrival of H.M. ships to decide that matter; For
they are such a sort of people that their will is sufficient
against all Acts of Parliament, untill they meet with a
superiour power to put those laws in execution. (vi.)
All those fishing ships that come to fish in the country,
do bring over the number of green men, if they can get
them; but there has been so many lately carried away
to New England, that the oldest traders to Newfoundland
have told me 'tis not possible to get the number of the
future, without the New England trade is prohibited
etc. as 1st Oct., 1717. Great quantitys [? of fish from
New England] are carried to the Spanish and Italian
marketts, and are sold a dollar in a quintal cheaper than
the ships from Great Brittain can afford to sell them.
(vii.) There being no officer on the spott to examine their
certificates, they are seldome produced, except there
arrise a dispute who has a right to be Admiral etc. On
my arrival, there was three set up for Admirals of St.
Johns etc. The most part of the Admls. of the Harbours
are for their own private benefitt, and not the publick
good in genl.; they have some priviledges more than
others, and especially in collecting their debts; and
very little else minded of the Acts of Parliament, relating
to the Admlls. of harbours, if not compell'd by the
commanders of H.M. ships of warr, and all for want
of a Governour on the spott. (viii.) Whenever they
have oppertunitys' to defraud their neighbours, they
will not only cut out the marks of the train fatts, but
where strong enough will turn a man out of his house
and keep possession of it untill one of H.M. ships arrive to
put the right owner in possession again. (ix.) No
complaints of that. (x.) Those that dont leave somebody to look after their stages etc. in the winter will
find them in a very bad condition the next spring, by
being stoln and burnt in the winter. (xi.) It happen'd
this year that there was not much above half ships
enough to take up the rooms, so they had no occasion
whilst I was there (to engross more beach and flakes
than belongs to them), but I have heard the Admlls.
have made it their practice in other years, wch. is the
chief reason they endeavour to be Admlls. to serve
themselves, but as to their doing justice to others (more
than sutes with their own interests), 'tis very rare to
find they will take much pains on that point. (xii.) I
never saw any of their journals here, but have often
put them in mind of their duty. The Admirals do
determine differences, and very often they appeal to ye
Commanders of H.M. ships for a final determination,
but stand by that no longer than the Captain is on the
spott, as in the case of Tobias Hutchinson v. Langley.
(xvi.) There is no manner of regard had to this Article,
for they throw everything they have a mind to throw
overboard where their ships lay without any scruple,
wch. I have complain'd off very often. (xvii.) They
allways throw their offall at ye stagehead so the tides
do wash and carry it off without any annoyance to the
place. (xviii.) They do observe the Lord's Day in going
to Church when the parson happens to be sober; But
as to the selling strong liquors etc. there is much more
sold that day than any week day, by reason all ye people
are exempt from work that day, and they have nothing
else to do but to drink for want of a Civill Government
among them. (xix.) I have not seen nor heard of any
aliens to fish in any part of Newfoundland, except the
Bay of Fortune, and the Island of St. Peters where
there are a sort of French inhabitants that pretend they
have a right to fish there, they did take the oaths to
Queen Anne, but have not done it to King George for
wch. reason Governor Moody sent down an officer and
seiz'd their fish and train etc. before my arrivall etc.
(xx.) As to curing their fish with good salt, that is done
most certainly for their own advantage for they make two
sorts, merchantable, and refuse, the latter is sold for
half the price as the former, both at Newfoundland, and
the Streights; and our gentlemen that commands the
sack ships know what fish is good for the Spanish marketts
as the Spaniards themselves. (xxi.) Certainly the
inhabitants debauch themselves with drinking, to the
great detriment and in a little time to the utter destruction of the fishery etc v. 1st Oct., 1717. (xxii.) It is
very common for ships to come directly from France,
Spain, Portugall etc. with salt, wines, brandy and all
the produce of those countrys, they will sell at Newfoundland, as well as they do from all H.M. Islands in
the West Indies, and America, with rumm, mellosses,
sugar, tobacco etc. (xxiii.) Some are sold to people
that makes it their bussness to buy ships cargos, and
retailes them out to the inhabitants; and some masters
of ships that bring cargos hire storehouses, and land
their goods, and retails them out to ye planters, and
trusts them till their fish is made and then they collect
in their fish for their goods; and if they don't sell all
they leave a trusty man to stay the winter, and sell all
that they cant, in the summer season. They sell to
any that will buy them; as well to those who belong to
ships as those planters on shoar, and 'tis my opinion
that not one fourth part of the provisions etc. comes
directly from Brittain or Ireland. (xxiv.) I did not
observe any of those enumerated comoditys were shipt
on ships, bound to Spain, only sugar and tobacco in
small quantitys for their present use, and not to
merchandize, by reason all the ships that go to Spain
lade with fish only, and tobacco, and sugars are prohibited in Spain, and nobody can buy them, but one
man that is appointed by the King. (xxvii.) The price of
fish is commonly broke at 28 or 30 ryals pr. quintal, and
carried to Spain, Itally and Portugall, for a market,
train oyl from 9 to £10 pr. tun, carried for great Brittain
to market. (xxix.) They clear from all the West coast
of England and Bristol. The sack ships most from
London and Bristoll. (xxx.) 1100 men went to New
England the year before I came; and I can't find any
way that will intirely prevent that abuse, but the
prohibiting the New England ships from trading to
Newfoundland. (xxxi, xxxii.) The French have a great
number of ships wch. fish on the Banks, but I could
never learn what number, by reason they fish further
to the Southward than our ships do, and 'tis almost
allways foggy etc., and likewise on the coast of Canada
and Cape Britton. But they carry on a great trade
there 'tis certain. Answers to Additional Instructions.
(1.) The trees are rinded and the woods destroyed, so
much is certain, and not in the power of a Commander
of H.M. ship to hinder it, for 'tis done before they arrive
in the spring, before they begin their fishery, to repair
their stages, houses etc. Which can never be prevented
without a civill Government settled. (2.) The Admirals
observe the Act no farther than consists for their own
interests. (3.) The vessels from New England supply
Newfoundland with three fourths of their provissions
to the great hinderance of the trade of Great Brittain.
(4.) As the New England ships seldome depart before
H.M. ships sail etc. ut supra. (5.) The masters of ships
neglect to bring their men home to save charges etc.
If the master was under a penalty of £10 for every man
he carries out of Great Brittain, and not bring him back
again, death only excepted, to be paid to the Collector
that clears the ship inwards, and those men to be
registred by the officer that clears the ship outwards;
must prevent the same. (6.) European comoditys
are carried to Newfoundland in Brittish ships, directly
from France, Spain, and Portugall that is salt, wine and
brandy, and sold to the inhabitants wch. is all the supply
they have except from New England for of those
commoditys none comes directly from England, but
bread, pease, oatmeal etc., and clothing, and I find
those things have been done time out of mind, and are
wink'd at for the sake of trade, and for want of a
sufficient power to seize them, and indeed had I seized
all those ships which did not come directly from Great
Brittain, the major part of the fish must have been left
in the country, besides the advantage the New England
men would have had, in selling their commoditys of the
same sort for double the money they did; and all that
with submission may be prevented when they clear, in
Great Brittain for Newfoundland, to give bond not to
go into any other port to load or take on board any
goods, directly, or indirectly, for Newfoundland, after
they depart from Great Brittain. I have done all that
in me lay and took especial care that none of those
commoditys so brought into the country was shipt off
or sold to any ship bound to any markett, but purely
for the supplying of the planters, and without that they
could not carry on the fishery, and indeed all this is not
one third of the trade, the other is carried on by the
New England men, so there is no benefitt arrises to
great Brittain; but those Brittish ships that bring
cargo's thither tho' not directly from Great Brittain,
is only to purchase their cargo's of fish for the Spanish
marketts etc. and that cargo loads them home with
wines, fruits etc. of the growth of Spain or the place
they load at, which pays H.M. dutys at their return.
(8.) With humble submission I think it highly necessary
that there should be an entire stop put to the New
England trade, otherwise they will in a very little time
intirely destroy the Newfoundland trade, and set up a
much better fishery in New England, wch. they can do
so much cheaper than our people that go out from
great Brittain, and carry out their servants and fishermen
at the rate of 16 and £18 pr. head for the season, besides
ye charge of netts, hooks, lines, and all other contingencys wch. discourages a great many to undertake it,
so many having of late miscarried, and all occasion'd
by the New England trade carrying off such a number of
men, that it is become a rare thing, to carry one man
two voyages. (9.) I have given out several orders,
for the Admirals and the oldest masters, and planters,
to survey the stages and cookrooms etc. to know what
belong to shiproome, and what was boatroome, and their
report was they had not been survey'd so long, that
their was none knew one from another etc. (10.) I have
made it my particular care to inform myself about the
Government; that being the materiall and only thing
wanting; 'twould give a new life and spirit to everything
etc. On the foot it is now on: he that happens to be the
strongest knows everything to be his own etc. Very
often the agressor, absconds runs into ye woods and
flys from justice, untill H.M. ships are gone, and then
down he comes, and reigns Lord again. This has been
done by a great many, but especially by one Forde
which had a power left him by a Commander of one of
H.M. ships to be Governour of Petty harbour etc. I
have seen and heard so very much of this that I faithfully
beleive, no man liveing in the country of Newfoundland
is fit to govern etc., for this set of people that live here,
are those that cant live in great Brittain or anywhere
else, but in a place without Government etc. Insists on
need of a Civil Governor "That shan't reside at one
place, but have a sloop to visit the several coves etc."
(11.) I have not heard that the French sell goods to
the prejudice of our trade where I have been: there are
not above three French living at Placentia and they
drive no manner of trade there, but what they do at
St. Peters, and the Bay of Fortune, I know not, being
places I have not been at; doubtless they carry their
own fishing gear out with them, but none of our people
have any corrispondance with them, except at St.
Peters whither our ships go to buy their fish. etc.
(12.) I never heard the French did either hunt or furr
in the winter. (13.) I could not find that the officers
or soldiers were commanded to fish or that they did
fish or concern themselves with the fishing, or boats,
fishing rooms etc. 12¼ pp. |
|
626. ii. Scheme of the Fishery of Newfoundland, 1717. Fishing
ships, 89; sack ships, 33; ships from America, 44.
Burthen of fishing ships, 7530 tons. Number of men
belonging to the ships, 2032. Fishing ships boats, 320;
by boats, 29; inhabitants' boats, 402. Number of by
boats men, masters, 156; servants, 943. Quintals of
fish, made by fishing ships, 50,090; by byboats and
inhabitants boats, 63,900; carried to market, 92,680.
Train, made by fishing ships, 164 tons; by byboats,
20 tons; by inhabitants' boats, 233 tons. Number of
stages, 389. Number of inhabitants, men, 1863;
women, 351; children, 608. 1 p. [C.O. 194, 6. Nos.
50, 50 i., ii.; and (without enclosure, ii.) 195, 6. pp.
397–415.] |
July 18.
Whitehall. |
627. Council of Trade and Plantations to the King.
Representation upon 3 Acts of New Hampshire. As to the
first, relating to ideots, quote opinion of Mr. West, "one of your
Majesty's Council learned in the Law" (v. 11th July). Continue:—We cannot conceive the said Act fit for your Majesty's Royal
approbation, but humbly propose the same be repealed. In
which case we have no objection against the Govr. being directed
to proceed in relation to ideots and lunaticks in the manner set
forth in Mr. West's report etc. As to the Act providing for
posthumous children, thô some parts thereof may be very reasonable and just, quote Mr. West 11th July, upon the whole, we are
humbly of opinion, that the said Act is fit to be rejected. In
relation to the Act against High Treason, quote Mr. West 11th
July and conclude, Wherefore we are most humbly of opinion that
your Majesty should disallow the said Act. [C.O. 5, 915. pp.
172–175.] |
July 18.
Whitehall. |
628. Council of Trade and Plantations to Mr. Secretary
Craggs. Enclose following to be laid before H.M. Annexed, |
|
628. i. Council of Trade and Plantations to the King. Reply
to Memorial of Danish Envoy, (v. July 3rd.) State
claims of Denmark to Islands of St. John and Crabb.
Refer to Representation of 9th Aug., 1717, "which we
think the Memorial (3rd July) has not in the least
answer'd." Continue:—We beg leave in addition thereunto to observe that King Charles the 2nd letter to
Col. Stapleton in 1672 could not possibly have any such
meaning as the Memorial wou'd fix upon it, because the
same Col. Stapleton (afterwards Sir William) writes in
1677, to the Lords of the Committee for Trade and
Plantations that the Danes had then no other Colony but
St. Thomas and were new planters there, and in 1682
King Charles sent orders to Sir William Stapleton, not
to suffer the Danes to settle on any of the Virgin Islds.
except St. Thomas; Besides it do's appear by the
Memorial that the Danes do not pretend to date their
claim to the other Islands earlier than 1682. It appears
by our said Representation that the Court of Denmark
was not only apprized of the complaints against the
Govr. of St. Thomas, but likewise so well satisfyed of
the justice of them as to recall him upon that account
and had so very ill an opinion of the said Governour that
they even doubted whether he would resign his Govt.
to the persons appointed by his Danish Majesty to
succeed him to which we can further add that we find
in the books in our Office, continual complaints from all
the Govrs. of the Leeward Islands successively, from
Colo. Stapleton to the present time, and very frequent
Representations from this Board to your Majesty's
Royal predecessors, of the many and great mischiefs
occasion'd to this Kingdom by the settlement of the
Danes at St. Thomas. 1st By their encouraging and
protecting pyrates. 2nd By supplying the French
Plantations in time of war with Navall Stores, subsistance
and intelligence, by harbouring their privateers and
allowing them to sell their prizes at St. Thomas. 3rd By
giving retreat and protection to runaway servants,
slaves and debtors from the English Plantations and
refusing to diliver them up, when demanded. 4th By
carrying on a clandestine and illegall trade with the
British Plantations to the prejudice of your Majesty's
revenues and of the Trade and Navigation of this
Kingdom. We beg leave to observe further that tho
the Danes found their claim of right to the Virgin Islands,
upon the pretence that they first took possession of them
yet they produce no proof of it, but only the bare
assertion of a Govr. of St. Thomas (v. July 3rd) that he
had planted the King of Denmark's standard and
establish'd his Commission upon one of those Islands,
viz. Crabb Island in 1682; Whereas it is notorious that
the right of Sovereignty over all the Virgin Islands was
lodged in the Crown of England long before that time;
those Ilsds. having been first discover'd by the English
and comprehended in a grant made by King Charles I.
to the Earl of Carlisle in 1627, as they have been
comprehended in the severall Commissns. given from
that time to this, to the Governours of the Leeward
Islands. It is no less well known that some of the
Virgin Islands were very early settled and inhabited by
the English, and that the rest of them particularly
Tortola, St. Johns and Crabbe Islands have been
subservient to the English Colonys in those parts, by
supplying them with timber, and by affording a safe
retreat for their ships in stress of weather. We cannot
but think it pretty remarkable that nothing is said in the
Memorial, in vindication of the King of Denmark's title
to St. Thomas, since the clearing up this point seem'd to
be a very proper and necessary foundation for supporting
the Danish pretentions to the other Islands, besides
that we had given occasion for it by taking notice in
our former Representation (which this Memorial is said
to answer) that your Majesty's present Govr. of the
Leeward Islands has an Instruction as his predecessors
for many years have had, to assert your Majesty's
right of Sovereignty over all the Virgin Islands and not
to suffer the Danes or any other foreigners to settle on
any of them, except St. Thomas and if the Danes should
not acquiesce therein to give them to understand they
have no title to St. Thomas itself. We cou'd offer
severall other considerations, in support of your
Majesty's right to those Islands, which the Danes now
lay claim to; but we believe that what we have already
said in this, and our former Representations, will
sufficiently show how groundless their claim is; The
Danes themselves seem to have been so conscious of it,
that without waiting for an answer to the prayer of the
Memorial they have already begun to make a settlement
on St. Johns, one of the Islands contended for in the
Memorial. An account of which settlement we had the
honour to lay before your Majesty by Mr. Secretary
Craggs, and your Majesty having thereupon been
pleas'd to command us, to report what we conceive may
be proper for your Majesty to do therein; We beg leave
humbly to represent, that considering your Majesty's
undoubted right, to all the Virgin Islands, and how very
prejudicial the settlement of the Danes at St. Thomas
has hitherto been to your Majesty's subjects in those
parts, as well as to the interest of this Kingdom in
general, and that this evil would in all likelyhood
increase in proportion with any further settlements they
might make, We think it absolutely necessary, that
neither the Danes nor any other foreigners should be
allowed to settle on any of the Virgin Island[s], excepting
only St. Thomas; And since the Danes have thought
fit to undertake the settlement at St. Johns in opposition
to the repeated admonitions of your Majesty's Govr. of
the Leeward Islands, pursuant to his Instructions from
your Majesty, we are humbly of opinion, that no time
should be lost in asserting your Majesty's right to the
said Islands of St. Johns, in such manner as to your
Majesty shall seem most proper and effectuall. [C.O.
153, 13. pp. 352–363.] |
