America and West Indies
October 1728

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1937

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216-230

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'America and West Indies: October 1728 ', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 216-230. URL: http://british-history.ac.uk/report.aspx?compid=72457 Date accessed: 20 October 2014.


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Contents

October 1728

Oct. 1.
Whitehall.
408. Council of Trade and Plantations to Lord Townshend. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
408. i. Same to the King. Representation upon state of Bahamas and complaint against Governor Phenney in reply to 13th Aug. We have discoursed with Mr. Curphey Chaplain to the Garrison there, with several persons lately come from thence and with the Agents for Capt. Phenny, and we find that these Islands are at present in a declining state, both with respect to their commerce and to the number of their inhabitants. We have therefore enquired into the causes of this alteration, and find, that the people have lain under many discouragements, namely the want of a sufficient force to protect them, of a civil Government properly establish'd for the regular distribution of Justice and of an Assembly, whereby they may be enabled, to make such laws as may be proper for their circumstances ; to these may be added that no person hitherto is sufficiently empower'd to grant lands to such of your Majesty's subjects as shall be dispos'd to settle there, and if we are rightly inform'd, the quit rents intended to be reserved are much larger than shou'd be impos'd on planters in the infancy of a Colony. But what in a more particular manner has discouraged the inhabitants of late years and even obliged some of them to quit the Colony has been the illegal and arbitrary behaviour of the Governor's wife, who has monopoliz'd the trade of those Islands and retails to the inhabitants all commodities and provisions at exorbitant prices, whereby she greatly oppresses your Majesty's subjects ; and she has even carried her indiscretion so far as to insult a Justice on the Bench in the execution of his duty for not pronouncing sentence according to her inclination. We can by no means excuse the Governor in conniving at or indulging his wife in so extravagant and oppressive a conduct, altho' in other respects Mr. Phenney bears a fair character, nor have we any personal complaints against him before us that are sufficiently supported by proper evidence. For as to the condemnation of John Wadsworth by a Court Martial, it appears to us that the sentence of that Court was approved by their Excellencies the Lords Justices in 1723, tho' they afterwards pardon'd the said Wadsworth. And as for the second condemnation of the same man for another crime by a Court of Admiralty, the Judges of that Court in our humble opinion would seem more properly responsible than the Governor. But having no proper evidence of this matter before us, we shall send a copy of the complaint to Mr. Phenney for his answer thereunto. However, in the mean time considering of what consequences the Bahama Islands are to the trade of Great Britain, we humbly submit to your Majesty whether it would not be for your Majesty's service that the Government of those Islands should be placed in the hands of some person whose conduct and abilitys may give all proper encouragement to such planters as are inclinable to settle there. Autograph signatures. 4 pp. [C. O. 23, 12. Nos. 97, 97 i. ; and 24, 1. pp. 97–101.]
Oct. 1.
Charles Town
in
S. Carolina.
409. John Lloyd to Lord Townshend. Reminds him of his services in the '15. He was the Secretary to the Post Office under Mr. Craggs, " but for nine years past have resided in this countrey, because of ill fortune I met with in ye stocks." Asks to be appointed First of the Council, or a commission to be Lt. Governor without any salary. " What I propose by it is, a little power, and perhaps a little profit, during the absence of a Governor." Has been a member of Assembly for eight years and was sent to England as Agent for the country etc. Concludes:—Many inconveniencies have happen'd by the first in the Council taking the administration upon the decease or absence of a Governor in the past, for they happen very often to be too little acquainted with ye affairs of ye world, as is ye case of our present President etc. Signed, John Lloyd. 2½ pp. [C. O. 5, 387. No. 84.]
Oct. 1.
Solebay,
S. Carolina.
410. Capt. Warren to Mr. Burchett. Has delivered the orders of the King of Spain to the Viceroy of Mexico and obtained from him accordingly restitution of the South Sea Company's ships and effects seized in La Vera Cruz etc. Visited the Havanna and brought off English prisoners thence etc., Describes movements of galleons. Endorsed, In Mr. Burchett's, Nov. 15. Copy. 2½ pp. [C. O. 5, 387. No. 85.]
Oct. 3.
St. Johns,
Newfound-
land.
411. Mr. Keen to Mr. Popple. I take this opportunity of acquainting the Lords Commissioners of a murder committed the last winter by Anthony Steel, als. Lee, uppon one of his servants, which prisoner together with the evidences Thomas Carter and Philip Gribble, I now send in the briganteen Samuel etc. for London, to take his tryall. I humbly begg leave to lay before their Lordps. the great hardships H.M. subjects living in Newf'land, are exposed to, for want of propper persons duely authorised to administer justice in the absence of the Commanders of H.M. ships, and espetialy the winter season, being expos'd to the insults of ill-minded, men, who knowing they cannot be punished in Newf'land. commit many outrages, roberys and murders and unless some care be taken to suppress the outrages frequently committed the sober part of the inhabitants will be obleadged to move from their possessions and seek their living in a more civilised country etc. Neither is here any people willing to contribute to the charge of sending mallifactors and evidences home that they may be prosecuted (so) that I am obleadged at my own charge to victuall the prisoner and evidences and to pay their passages etc. Hopes that he will receive consideration and that the evidences may be provided for etc. Signed, W. Keen. Endorsed, Recd. 30th Nov., Read 3rd Dec., 1728. 1¾ pp. [C. O. 194, 8. ff. 181, 181 v., 182v.]
Oct. 4.412. Petition of Members of Church of England of Rehoboth, Barrington and Attlebrough (Mass.) to the King. Quote clause of Charter granting liberty of conscience etc. " designed to protect such who unhappily dissented from the established Church." Continue:—Notwithstanding under colour of Acts and Laws of this Province formed and composed altogether by such Separatists, your Memorialists are continually prosecuted, presented and imprisoned by them, for not paying to the support of their Ministers, notwithstanding your Memorialists yearly contribute to the support and maintainance of their Ministers duly licenced by His Lordship the Bishop of London. And tho' your Memorialists made frequent applications to the Great and General Courts of said Province for redress, they as frequently rejected the same, the Church of England haveing very few or no advocates in either of said Houses. Pray for protection from such notorious impositions etc. 24 signatures. 1 large p. Torn. [C. O. 5, 10. No. 189.]
Oct. 8.
Whitehall.
413. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Request payment of Office expenses and officers' salaries for quarter ending Michaelmas. Account annexed. [C. O. 389, 37. pp. 293–295.]
Oct. 8.
Whitehall.
414. Same to the King. Propose that a public seal be ordered for Nova Scotia. [C. O. 218, 2. pp. 122, 123.]
Oct. 8.
Whitehall.
415. Same to the King. Represent that the Act of New York for preventing prosecutions by informations " is an high encroachment upon your Majesty's undoubted prerogative of proceeding by way of information, and of dangerous consequence to your Majesty's interest, revenue and government in that Province" etc. Propose its repeal. [C. O. 5, 1125. p. 120.]
Oct. 8.
Whitehall.
416. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 21 acts of Virginia—enumerated—passed 30th March last. Desires first report upon the act for levying a duty upon slaves imported, and for appointing a Treasurer, " which their Lordships intend to take more immediately into consideration." [C. O. 5, 1366. pp. 5–10.]
Oct. 12.
Barbados.
417. Governor Worsley to the Duke of Newcastle. Encloses by first opportunity letter of thanks to H.M., for his Commission as Governor etc., which he published with the usual solemnities on 8th Oct. Hopes for H.M. speedy decision upon dispute between Council and Assembly over Excise bill (v. 13th Sept.), " as the chief duty is laid upon wine, which generally comes in here from Madeira about Christmas." Concludes:—As the present General Assembly stands prorogued to the 18th instant, I design to dissolve them, in hopes that the next may meet in better temper. Signed, Henry Worsley. Endorsed, Rd. Dec. 9th. 2 pp. [C. O. 28, 44. No. 127.]
Oct. 12.
Barbados.
418. Same to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutandis. Signed, Henry Worsley. Endorsed, Recd. 10th Dec, 1728, Read 20th May, 1729. 2 pp. [C. O. 28, 20. ff. 103, 103v.]
Oct. 16.
Windsor
Castle.
419. Duke of Newcastle to Governor Burnett. Encloses petition of Capt. Thomas Doleman of Bristol, merchant, complaining of the snow Elizabeth having been unjustly seized and condemned together with her cargo, as belonging to pyrates etc. I received H.M. commands etc. for you to enquire into the truth of what is therein alledged, and see justice done to the petitioners, if their complaint appears to be well founded, and if it be not, you will send me a true state of the case to be laid before H.M. etc. Signed, Holles Newcastle. [C. O. 324, 36. p. 87.]
Oct. 17.
Windsor
Castle.
420. H.M. Commission to Woodes Rogers to be Captain of the Independent Company in Providence I., in place of George Phenny. Countersigned, Townshend. [C. O. 324, 36. pp. 97, 98.]
Oct. 17.
Whitehall.
421. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, by Tuesday next, Excise Act of Barbados, 1728, with amendments offered by Council. [C. O. 29, 15. p. 97.]
Oct. 18.422. Mr. Fane to the Council of Trade and Plantations. Reply to preceding. The proposed amendments " are extreamly expedient and proper, etc., being entirely calculated to make this bill both in form and substance exactly agreable with the former bills of this kind pass'd in the said Island, and also to prevent what might be deem'd an encroachment upon the prerogative of the Crown as to the manner of issuing and applying the money given by this bill." Signed, Fran. Fane. Endorsed, Recd. 21st, Read 22nd Oct., 1728. ¾ p. [C. O. 28, 20. ff. 31, 32v.].
Oct. 18.
Windsor
Castle.
423. Duke of Newcastle to the Council of Trade and Plantations. Encloses following. Continues: This so nearly concerns the Trade and Navigation of H.M. Dominions, the promoting of which is what the King has most at heart, that H.M. would have you take it into your most serious consideration, and propose such methods as shall appear to you most proper for the putting an end to the abuses and disorders mentioned by Lord Vere, and for encouraging and improving so considerable a branch of the British commerce : and as you will find that it's present obstruction is chiefly imputed to the Garrison, H.M. would have you lay before him your opinion how far the keeping one there is necessary or usefull for the protection of H.M. subjects, and the preservation of that settlement. Signed, Holles Newcastle. Endorsed, Recd. 19th, Read 22nd Oct., 1728. 1½ pp. Enclosed,
423. i. Commodore Lord Vere Beauclerk to Mr. Burchett. Kinsale in St. Johns, 19th Aug., 1728. Pursuant to directions, I ordered the Squirrel to St. Johns and went myself to Placentia, where I arrived the 16th July. Upon complaints of the Admirals of the harbour of several grievances and oppressions the Fishery of that place lay under, I ordered a Court to be held on 22nd July, in order to settle everything in the best manner I could, but I soon found my power was not extensive enough to redress what they chiefly complained of, the fort and garrison which was intended for their security being the sole cause of most of the hardships they suffered. Their first complaint was that every year upon their arrival they found the greatest part of their houses and stages broke down, and the materials lost, that instead of being able to go immediately to fish, three weeks or a month was always taken up to put themselves into a condition. Papers had been put up several years following, promising rewards to any would inform against the aggressors, but they could never gain any certain accounts. I examined several of the inhabitants who had staid there during the winter seasons, they could none of them deny its being true that the houses and stages were demolished and pull'd down for the sake of the timber, but I could not fix it on any particular persons, the planters laying it on the soldiers and they on the planters, it plainly appeared by circumstances that both were concerned, and for that reason I could not punish the planters, not knowing what share of damage to impute to them, not having a power to levy a fine upon the garrison, which is the usual and only reparation can be had and what is practised in all the other parts of Newfoundland. Their other complaint was that they were deprived of the greatest and best part of the Beach which is that within the harbour and by persons who had no right to it. I therefore summoned all those who had any stage or beach to produce their titles, upon examination I found the Govr. of the garrison laid claim to most of the rooms and stages within the harbour, and to several without, but how or upon what grounds I really can't say, for when he was summon'd he refus'd coming to the Court, excusing himself by saying Govr. Philips had given him positive orders not to obey any summons or in any manner appear himself or suffer those under him to appear at the Court, by which means the taverns and publick houses being most of them kept by some of his Garrison, being under his protection, do as they please, and the preventing disorders and riots is impossible. Several complaints were brought against the Governor for detaining plantations that belonged to others, having seized some in the absence of the owners, imagining they would not have return'd again, and others upon pretence of debts due to him from them, but as he would never settle the accounts nor prove the debts, tho' earnestly desired by the party's concerned, I can't help concluding he possesses them very unjustly. As these stages and rooms which he calls his own are within the harbour; and so much more commodious than those without, which are liable with the least bad weather to have so great a surf as not to be able to land or wash their fish, and very often damages great quantities of it, the masters of the ships hire them every year for so much, but as I find by the copys of Capt. St. Lo's papers which you did me the favour to send me, that their Lops, have had a plan of the Beach and a particular accot. from him what the stages and rooms were let for last year, I will not trouble you again with it etc. As I could get no certain accot., it was impossible for me to settle who had a right to the plantations and who not, and was obliged to leave it in almost as much confusion as I found it, and here I must beg leave to observe the great disorders and irregularitys this must occasion, and the detriment it must be to the Fishery, for Placentia is allowed by everybody to be the most commodious harbour and the finest beach in the world; when the French had it 100,000 quintals of fish has been seen at one time upon it, whereas 50 has been the utmost we have ever made; several planters would undoubtedly settle there did they not hear of the oppressions others have met with, which has obliged them to quit the place, and more ships would most certainly go thither to fish, could they have convenient rooms and stages without paying for them, but instead of that, before the arrival of the man of war, they are threatned and intimidated into a complyanee of whatever is requir'd of them, the Adml's. powers are contemn'd, their Court represented as ridiculous and invalid, and of course no justice to be had, but this has been already represented by petitions from the masters of ships and other methods etc. Although I could not settle anything in the order it ought to be, I endeavoured to do all I could, and as I found the regard to the fishing Admls. powers so mightily diminished as made me justly apprehend orders from them would be but negligently obey'd, I therefore gave out in my own name such as I found absolutely necessary (copies enclosed), and have enter'd them into a book, which I have left sealed up with one of the principal inhabitants, to be delivered to the next officer that shall come after me, that he may know what I did, and my reasons for so doing. If such a register had been kept ever since we have had possession of the place, it would not be so difficult to decide every one's property, which really as things were I could not pretend to do without running the risque of doing injustice. I found disputes had been very differently determined, sometimes according to the law and customs were in force in the French's time, and sometimes according to those observed in the other parts of Newfoundland, for no new Act having passed since the acquisition of the place, and no certain rule prescribed by the Heads of Enquiry, every one has decided as he thought proper etc. I beg to submit it to their Lops, whether it will be possible to remove all the discouragements the Fishery meets with and make it not lyable to future oppressions, if the garrison continues upon the foot it now is, and not answerable to any but in England for their behaviour etc. I arrived here (i.e. St. Johns) the 1st instant and found Capt. Osborn had been arrived 14 days. I flatter'd myself that as there was no garrison here to terrify or interfere, I should find a stricter obedience to the laws and regulations that had been made for the government of the place, and that the proper regard was shew'd to the authority vested by the law in the fishing Admls., but on the contrary I find that thro' the ignorance of some and negligence of more for some years past, they have been so slighted, that unless the Capts. of the men of war are present to assist and countenance them at their Courts their meetings would be nothing but confusion, and their orders of no use, which is the reason we are obliged to usurp a power, which I apprehend does not properly belong to us, of publishing orders in our own names to prevent as much as we can the threats the rioting and disorders, which, to the great detriment of the Fishery are generally practised in our absence: The great misfortune, and which I think is the origine of all the rest, is, that nobody in the winter season is empower'd to keep peace and administer justice, that the sober and industrious are every day lyable to be insulted and robbed by the idle and profligate unless they can oppose them with greater force. In the Heads of Enquiry there is an article which directs the names of the persons to be returned them who administered justice during the laste winter, but I can't find that we are anywhere authoriz'd to empower proper persons upon our leaving the country, which is so well known by everybody that were we to pretend to appoint any, not the least regard would be shown them. There is a greater plenty of fish this year in all places than has been these 15 years; their only complaint is want of ships to carry it away, etc. Signed, Vere Beauclerk. Copy. 7? pp. [C.O. 194, 8. ff. 173–177v., 178v.]
Oct. 18.
Windsor
Castle.
424. Duke of Newcastle to Governor Philipps. H.M. has commanded me to send you a copy of preceding letter, and to signify to you that you forthwith give me in writing, to be laid before H.M., an account of what orders you have at any time given to the Lt. Governor, or to any other Officer there, and of what may have come to your knowledge concerning the facts mentioned by Lord Vere etc. Signed, Holles Newcastle. Annexed,
424. i. Copy of Lord Vere's letter preceding. [C.O. 324, 36. pp. 88–97.]
Oct. 18.
Windsor
Castle.
425. Duke of Newcastle to the Council of Trade and Plantations. H.M. having been pleased to appoint Woodes Rogers Esqr. to be Governor of the Bahama Islands, you are to prepare a Commission and Instructions for him etc. Signed, Holles Newcastle. Endorsed, Recd. 19th, Read 22nd Oct., 1728. 2/3 p. [C.O. 23, 2. ff. 176, 177v.]
Oct. 23.
Whitehall.
426. Council of Trade and Plantations to Governor Burnet. Enclose warrant for use of new Seal of the Massachusets Bay, and direct him to return the old, etc. v. 14th Aug. [CO. 5, 916. p. 174.]
Oct. 23.
Whitehall.
427. Same to the Duke of Newcastle. Enclose following to be laid before H.M. "It is for H.M. service that his Royal pleasure upon this matter should be signifyed as soon as possible" etc. Annexed,
427. i. Same to the King. Representation on the draught of the Excise Act prepared by the Assembly of Barbados, 1728: "To which several amendments have been offered by your Majesty's Council there, and not agreed to by the Assembly, who insist against admitting any amendments to the bill notwithstanding the many extraordinary clauses therein contained, more particularly the two following relating to utensils and repairs of the Magazines," quoted. Continue :— Whence it appears that the Assembly would deprive the Governor of the power given him by your Majesty to sign warrants for the issuing of moneys without their approbation first particularly obtain'd for that purpose, contrary to the constant usage of that Island, and of all other your Majesty's Colonies. Wherefore etc., finding many things therein derogatory to your Majesty's prerogative and contrary to several of your Royal Instructions to your Governor there, for his conduct in the issuing of money and the passing of bills, we thought it our duty to lay these proceedings before your Majesty, that you may be pleased to declare your Royal disapprobation thereof, to discourage the like attempts for the future. [C.O. 29, 15. pp. 98–102; and (covering letter only, with autograph signatures) 28, 39. No. 46.]
Oct. 23.
Whitehall.
428. Same to Governor Worsley. Acknowledge letters etc. of 20th July and 14th Aug. Continue:—We have perused the Excise bill, as it was prepared by the Assembly, and have considered the several amendments proposed to be made to it by H.M. Council, which seem to be for the most part just and reasonable, and we are of opinion, that you cannot give your consent to a bill conceived in such terms without injuring the King's prerogative, and breaking thro' several of your Instructions. As H.M. service is very much concerned in the event of this affaire, we were willing to give you our thoughts upon it as early as might be, and we shall take the first opportunity of laying a state thereof before the King and so soon as H.M. shall have signifyed his pleasure thereon, we shall communicate the same to you. [C.O. 29, 15. pp. 102, 103.]
Oct. 26.
Boston.
429. Governor Burnet to the Council of Trade and Plantations. I now send to your Lordships the votes of the Assembly published since my last of the 30th of Sept. in which your Lordships will observe that I endeavoured to bring them out of their inactive state by my speech of the 1st of October, of which they would of themselves take no notice, and when on the 5th the Council proposed to them to join in considering it, the House put it off to the 23rd, and when they met on that day they refused to join with the Council, and on the 24th they made me an answer by themselves, which is not only a refusal of the thing proposed in my last speech, but likewise a persisting in disregarding H.M. 23rd Instruction about fixing a salary. Upon this I thought it proper to do what I had for a week before told them in private discourse that I would do unless they would prevent it by a complyance, and that is I have adjourned the General Court to Salem, a town about 20 miles from hence to meet on the 31st inst. My reasons for doing it are these. Because this town of Boston has shewn their disrespect and undutifullness to H.M. by calling a general town meeting of all the freemen of this town, in which they unanimously gave instructions to their members to vote against fixing a salary on the Governour. This was first done in this town, and has been followed by some towns in the Province, 3 or 4 of them have done the same with Boston but others have had the prudence to decline giving any instructions but have left it to their members. This attempt of which Boston set the example is of so dangerous a nature to the Constitution if it should be drawn into precedent, and has been so maliciously employed at this time, that I thought it necessary for the Government to shew its resentment upon it. Because the people of the town are continually endeavouring to pervert the minds of the Members that come from the Country, who it is to be hoped will not be so much tampered with in the Country and particularly at Salem, where I am informed the people are generally well inclined, as the Members for that place are. Because the whole profit of the meeting of the Assembly is confined to the town of Boston who deserve so ill at the hands of the Government; and therefore their interest leads them to keep the Assembly together as long as they can for the benefit of the town; which has often been the occasion of many tedious and needless Sessions. And as I believe it will be acceptable to the country to have the expences of the General Court circulate through the principal towns of the Province, which is the method I intend to pursue, till I have orders from your Lordships which I earnestly intreat that I may have by the first vessel that will sail for this place in the Spring, which will be in February next. I would now beg leave to propose to your Lordships two expedients that I humbly apprehend will be necessary to bring this people to reason and their duty, and without which I fear that H.M. authority here will be treated with very little respect. First I hope your Lordships will think fit to move H.M. for a disallowance of the Act for raising and settling a Public Revenue for and towards defraying the necessary charges of this Government by an emission of sixty thousand pounds in bills of credit on this Province, but at the same time because it will create a good deal of confusion if this disallowance should be final I hope your Lordships will move at the same time for leave to re-enact the whole substance of the Act, providing the interest of four per cent, be therein applyed to the salary of the Governour for the time being, so that it may be issued for that purpose by warrants from the Governour in Council, as it comes in to the Treasury. The second thing I humbly propose is, that your Lordships would be pleased to lay before H.M. the whole conduct of the Assembly not only in refusing to comply with H.M. 23rd Instruction, but likewise in having the confidence to charge H.M. with giving an Instruction that has a direct tendency to weaken if not to destroy their happy constitution (pag. 32 and 52 of their votes), an Instruction that is in prejudice of the rights and libertys of the inhabitants of this Province (pag. 49), an Instruction with which a complyance might justly be deemed a betraying the rights and priviledges granted in the Charter (pag. 66), and a bearing on their priviledges (pag. 80), and is concluded by the house to tend very much to the hurt of the people of this Province (pag. 103). This I conceive to be a charge of a very high and daring nature, and if it is not resented at home, will render the Assembly here insufferably arrogant. And since H.M. has threatened them with the consideration of the Legislature in what manner the honour and dignity of His Government ought to be supported in case they shall not pay an immediate regard to His Royal Will and Pleasure, and now that they have not only refused to do this, but have made such daring reflections on H.M. upon account of this Instruction I humbly submit it to your Lordships if it is not absolutely necessary, that H.M. be moved to lay the matter before His Parliament, that they may see how H.M. has been treated by this Assembly, and that the two Houses may have an opportunity thereupon of assuring H.M. of their sense of the undutifull behaviour of this Colony, in pretending without any ground that His Instruction is any way contrary to the Charter granted by King William and of their readiness in assisting H.M. to secure the dependance of this province on the Crown in case they do not comply with His Instruction, and express their acknowledgments of their undutifull behaviour, before the following Sessions of Parliament. This my Lords will be no final decision against their Charter, but will give them just apprehensions of loosing it, if they continue refractory and I beleive nothing less then this will be sufficient to bring them to a true sense of their duty. I must therefore humbly beg your Lordships to give all possible dispatch to their affair as being brought to a crisis, which must inevitably end in preserving or loosing H.M. prerogative in this place; and in the meantime tho I have little hopes of succeeding with the Assembly; yet I am determined to keep them sitting till I have your Lordships commands; that the Country may have the full experience of the vast charge that their obstinacy brings upon them etc. Encloses following and awaits the Board's decisive commands in the Spring etc. P.S. He is informed that the acts have been transmitted etc. Signed, W. Burnet. Endorsed, Recd. 10th, Read 11th Dec, 1728. 7 pp. Enclosed,
429. i. Resolutions of a meeting of Freeholders at Boston, Sept. 30, 1728 that (i) that they would not have a salary settled upon a Governor for the time being, nor (ii) on the present Governor for a limited time. Signed, Samll. Checkley, Town Clerk. Endorsed as preceding. [C.O. 5, 870. ff. 135–139v.]
Oct. 26.
Boston.
430. Governor Burnet to the Duke of Newcastle. Encloses duplicate of Sept. 13th. Continues:—Since which I have received two Additional Instructions (18th June); I have ordered the directions about the manner of praying for the Royal Family to be published etc. I must now beg leave to apply to your Grace for redress against the Assembly here, who have not only refused to comply with H.M. Instruction about fixing a salary, but have had the assurance to charge H.M. with an attempt therein to break the priviledges granted to them in their charter. Refers to enclosed duplicates of letters to Board of Trade for proposed expedients to bring them to reason etc. Prays that the matter "may be laid before H.M. as soon as possible, and that if it is thought proper a resolution of Parliament may be obtained in order to convince this people that their daring attempts will not be countenanced there, as they pretend to hope. I continue the Assembly sitting in full expectation of decisive commands from your Grace, by the first vessel that will sail from London in February next, without which I have little reason to expect any regard from them to H.M. Instruction. I hope your Grace will excuse my being so importunate, since it is a matter in which H.M. authority, and prerogative is so nearly concerned, and in supporting which I hope my zeal will be approved by your Grace." Signed, W. Burnet. Endorsed, R. 10th Dec. 2 pp. Enclosed,
430. i–iii. Duplicates of Nos. 387, 404, 429. [C.O. 5, 898. Nos. 46, 46 i–iii.]
Oct. 26
Boston.
431. Governor Burnet to Mr. Delafaye. Refers to preceding. Concludes:— I hope for your friendship in getting this affair forwarded with all possible dispatch, till which time this Government is of no profit, and has no authority. Signed and endorsed as preceding. 1 p. [C.O. 5, 898. No. 47.]
Oct. 26.
Boston.
432. Same to Mr. Popple. Will send duplicates of his letters to the Board, Sept. 13, 30th and Oct. 26, by the next vessel etc. Signed, W. Burnet. Endorsed, Recd. 10th, Read 11th Dec, 1728. Holograph, 1 p. [C.O. 5, 870. ff. 140v.]
Oct. 28.
Barbados.
433. Governor Worsley to the Duke of Newcastle. Refers to proposed dissolution of Assembly v. 12th Oct. Continues:— But not finding any disposition in the people here, to act otherwise than they had hitherto done, and that a new election might occasion greater confusion in the countrey, I did not think it proper to dissolve them, neither shall I, till I have the honor of H.M. commands upon what they have already done, from whence only, I can expect, considering the present situation of affairs here, any alteration in their conduct, and therefore I prorogued them to the 12th of the next month, when I propose to let them sit, for as the duties upon wine are the chief support of this Government, and as they generally come in about Christmas, in case a proper expedient could be found out, by which those duties may be paid, tho' the money not disposed of, till H.M. pleasure should be known, a considerable summ of money may be saved for the service of this Governmt. Signed, Henry Worsley. Endorsed, R. 7 Janry. 2 pp. [C.O. 28, 44. No. 128.]
Oct. 28.
Barbados.
434. Same to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutandis. Signed, Henry Worsley. Endorsed, Read 20th May, 1729. 2 pp. [C.O. 28, 20. ff. 105, 105v, 106v.]
Oct. 29.
Coleman
Street.
435. Mr. De la Fontaine to Mr. Popple. Encloses following. Continues:—By the encouragement wee now have from abroad, wee could engage allmost for any number. Those wee transported to Pensilvania wrote to their friends allways to prefer Mr. Missing's ships etc. Signed, Benja. de la Fontaine. Endorsed, Recd. 28th Oct., 1728, Read 16th July, 1729. Addressed. ½ p. Enclosed,
435. i. Thomas Missing to the Council of Trade and Plantations. His agents in Holland etc. assure him that very great numbers of Protestant Palatine families are willing to be transported by him to S. Carolina as soon as the encouragement to be given them is fixed etc. ¾ p. [C.O. 5, 360. ff. 163,164,166v.]
Oct. 30.
st. Johns,
Newf'land.
436. Mr. Keen to Mr. Popple. Refers to letter of Oct. 3. Continues:—I was desired by the Ld. Vere Beauclerk to acquaint their Ldshps. of anything happening after his leaving etc., since which divers ill actions and thefts has been committed, insomuch that wee have scarce anything that wee can well call our own, our sheep and the produce of our gardens are stole from us, and for want of propper authority the ofenders altho convicted go unpunished. Prays that persons to administer justice during the winter may be appointed. Continues:—The trade of Newfland suffers much in relation to the culling of fish (that is seperating what is merchantable from the refuse) many ignorant men taking bad for good which when at a market turns out rotten and black, and others refusing all but the flour, which is unjust and its not to be prevented unless as in all other the Plantations there be sworn searchers or cullers appointed, the charge of a penny a quentall to be paid by the seller and buyer, which would infallibly prevent all the frauds now committed and our fish regain its credit in forreign markets, and here are at all times men sufficient that would gladly be imployed in that servis etc. Signed, W. Keen. Endorsed, Read 19th Dec, 1728. l½ pp. [C.O., 194, 8. ff. 185, 185v., 186v.]
Oct. 30.
St. Johns,
Newf'land.
437. Same to same. Begins as preceding. Continues:— Since the beforegoing I have returnd me my Lord Vere Beauclerk's order directed to the Admls. of Renuse, (enclosed), the persons directed to have not only denyd the obeying the sd. order but us'd vile and oprobrious language, and persist in doing the most unwarrantable and unlawful actions, as indeed has been the frequent customs of the Admils. of the outports, being men generally as ignorant as insolent etc. In behalf of the distrest inhabitants I begg leave to lay before their Ldspps. the necessity there is of haveing their greivances redrest. I have resided here a merchant upwards of 20 years, and am perfectly acquainted with the nature and trade of this country and am very well assured that the decrease of the trade is chiefly oweing to the want of due administration of justice etc. Offers his services. Signed, W. Keen. Endorsed as preceding. 2¼ pp. Enclosed,
437. i. (a) Commodore Lord Vere Beauclerk to the Admirals of Renouse. Kinsale. 12th Sept., 1728. Whereas I find you have pulled down a cook-room and removed land-marks belonging to John Jenkins, notwithstanding he produced proof of his undoubted right to the said plantation, you are hereby directed to make him immediate satisfaction etc.
(b) Same to Same. 4th Oct. Whereas I find that you have had the insolence to disobey above order, I have ordered Mr. Jenkins to acquaint Mr. Keen, if you do not immediately make him satisfaction, who upon my desire will represent your disobedience to the Lords Commrs. of Trade etc. (Benjamin Jolley, Adml.) Copy. 1¾ pp.
437. ii. Mr. Jenkins to Mr. Keen. Renouse. Oct. 21st, 1728. The Admirals made slight of my Lord Vere's order etc., and say they will answer to the Lords Commissioners for what they have done, and that the Lieuts. comes along shore only to get money but not to do justice etc. Signed, John Jenkins. Witnessed by, R. Rowes, his mark, Ester Rowes, John Chappell. Endorsed, Read 19th Dec., 1728. 1 p. [C.O. 194, 8. ff. 187–189, 190, 190v.]
Oct. 30.
Bermuda.
438. Lt. Governor Pitt to the Duke of Newcastle. I arrived at the Bermuda Islands the 2nd of Sept. last and upon my arrivall found the cuntry had been much damnified, by a violent hurricane, which has by many ways and means reduced this cuntry to great scarcity etc. Upon my inspecting into the state of the administration of Justice, I found it attended with many inconveniencys, and as many delays, by reason of the accumulation of offices, on some persons, and many of them incongruous to each other; as the judges of the common pleas ; being Councillers and some of them allso justices of the Peace, which greviances appearing to me in the infancy of my government, as I may presume to say, did require an imediate alteration, by constituting judges not Councillers, and supplying the place of Justices, in the room of the Councillers, who before acted in a triple capacity etc. I have appointed Coll. William Outterbridge Cheife Justice, whose abilitys and good intentions, to promote peace and neighbourly concord, are well known throughout the whole country, etc. Refers to a letter he has written to Mr. Delafaye. v. 30th Nov. Signed, John Pitt. Feb. 14th. 1 p. [C.O. 37, 29. No. 1.]