America and West Indies
November 1728, 1-15

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1937

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231-242

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'America and West Indies: November 1728, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 231-242. URL: http://british-history.ac.uk/report.aspx?compid=72458 Date accessed: 28 November 2014.


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November 1728, 1-15

Nov. 1.
st. James's.
439. Order of King in Council. Ordered, upon a memorial from the Lords Commissioners of the Admiralty, that warrants be prepared for commissions to pass under the Great Seal for trying all such pyrates, as are, or shall be taken in any of H.M. Plantations, according to the sevll. acts of Parliament in that behalf. The Lords Commissioners for Trade and Plantations are forthwith to present to H.M. at this Board, the names of such persons as they shall think proper for executing the said Commissions, and which of the Plantations may be fitly comprehended within each Commission; and likewise whatever they shall think necessary for the effectual performance of the said Commissions. Signed, Temple Stanyan. Endorsed, Recd. 1st, Read 6th Nov., 1728. 1 p. [C.O. 323, 8. No. 93.]
Nov. 1.440. Governor Philipps to the Duke of Newcastle. In reply to orders of 18th Nov. encloses copies of his proceedings with the Lt. Gov. and Garrison of Placentia in relation to the Fishery, "which will I hope be found plain evidence, that the orders I gave were literally agreeable with my Instructions, and not such as that gentleman falsly alledg'd to excuse his appearance, when call'd to be examined, for it will appear demonstrably that upon that occasion in his answer to Lord Vere he must have wrested the words of the order (which forbid his medling with the Fishery in any manner whatsoever) to colour his refusal to appear at that Court which he was conscious wou'd enquire into facts that he cou'd not justify " etc. Has no knowledge of the facts except by common report, no complaint having been made to him etc. Continues:—Nevertheless being jealous of the Lieut. Governour's conduct, in that particular from what had been reported, I gave a deputation to the Major of the Regiment to go to Placentia and to enquire into the state of the affairs between the Garrison and the Fishery, which happen'd at the time when Lord Muskery was in the Harbour to whom the said Commission was communicated, when the planters and masters of vessells being call'd together according to my directions, and the Articles of Enquiry read to them (the Lieut. Govr. present) they were all silent, but whether thro' fear or the want of just reason of complaint I cannot determine etc. Upon the delivering up of Placentia the French proprietors had leave to dispose of their effects, which the former Lieut. Govr. pretended to have bought, and when reed, convey'd his right to the present Lieut. Govr., by which he now claims those beaches and fishing rooms, whether this be not a breach of orders in both is submitted to H.M. It is to be wish'd that as the disposition of that garrison has been so much chang'd since the establishment was made for a Lieut. Govr. as to be redue'd from five companys to one (which is not a proper command for such an officer), that the Lieut. Govr. might be remov'd to Canso where the other four companys are posted, or otherwise dispos'd of as H.M. shall think fit, by which removal the Fishery at Placentia will be freed from any future disturbance. Signed, R. Philipps. 3 pp. Enclosed,
440. i. Copies of Governor Philipps' orders to Lt. Govr. Gledhill, 4th May, 1720, and 18th July, 1722, and commission to Major Cosby, 18th July, 1722, to hold an enquiry etc., referred to in preceding. 4 pp. [C.O. 217, 38. Nos. 21, 21 i.]
Nov. 4.
N.
Providence.
441. Governor Phenney to the Council of Trade and Plantations. Acknowledges letter of 31st Aug. 1727, and thanks for their recommendation for stores of war mentioned in letter of 15th May. Continues:— Walpole Fort which I am building at the East entrance of the harbour I hope will be finish'd with God's blessing in about six months, but I shall not be able to mount any cannon till I get a supply of carriages. By a letter from the Assiento Factor at the Havana I am inform'd that on the 9th Sept. the Spaniards publish'd a truce for seven years establishing the Assiento according to it's contract, and hope our small vessels may reap the benefit of these islands, with more security than they have done for some time past. P.S. By the Guardland, Capt. Anson. The Naval Officer being out of the way, I am oblig'd to defer the last quarter's Customhouse papers etc. Signed, G. Phenney. Endorsed, Recd. 16th Feb., Read 1st May. 1729. 2 pp. [C.O. 23, 2. ff. 186, 1860., 187v.]
Nov. 4.
N.
Providence.
442. Governor Phenney to the Duke of Newcastle. Signed, G. Phenney. 1½ pp. Enclosed,
442, i, ii. List of ships entered and cleared at N. Providence, 24th March—25th June, 1728. Inwards, 6; Outwards, 8 (with rum, fruit, turtle and whale oil), to S. Carolina (4), N. York (1). Bermuda (2), Jamaica (1). Signed, Jno. Warner, Naval Officer. 4 pp.
442. iii. Answers to Queries of the Board of Trade, 1728. As before. Negroes imported, 1728, 6. 9¾ pp. [C.O. 23, 14. ff. 60, 60v., 61v., 62v., 63, 64v., 65, 66–70v.]
Nov. 6.
st. James's
443. Order of King in Council. Approving representation No. 449, and ordering the names of persons contained in said report to be inserted in the commissions for trying pirates, with a specification of the particular Plantations represented by the said report as proper to be comprehended in each commission. Signed, Temple Stanyan. Endorsed, Recd. 13th, Read 20th Nov., 1728. 1 p. [C.O. 323, 8. No. 95.]
Nov. 6.
st. James's.
444. Order of King in Council. Referring following to the Council of Trade and Plantations, who arc "to consider thereof, and lay before H.M. such methods as will be most effectual to prevent the destruction of the woods in those parts and also their opinion of the necessity and utility of building a fort at Casco Bay as is proposed." Signed, Temple Stanyan. Endorsed, Recd. 9th, Read 26th Nov., 1728. 1¼ pp. Enclosed,
444. i. Lords Commissioners of the Admiralty to the Duke of Newcastle. Admiralty Office. 4th Oct. 1728. Enclose following, "that you may be informed of the great difficulties found in procuring masts in those parts for the use of the Navy, occasioned by the want of due care to preserve the woods" etc. Signed, Jo. Cockburn, Jno. Norris, Cha. Wager. Copy. 1 p.
444. ii. Commissioners of the Navy to Mr. Burchett. Navy Office. 2nd Oct., 1728. Enclose following. 5 signatures. Copy. 1 p.
444. iii. Ralph Gulston, Contractor for supplying H.M. Navy with New England masts, to the Commissioners of the Navy. 2nd Oct., 1728. Represents that it being impracticable to get masts in New Hampshire by reason of the great waste of white pine trees of late years, he was obliged to send a number of men, cattle, and materials along the coast further eastward to procure them; but that, for want of a fort at Casco Bay to protect his people, they are very much exposed to the Indians, who have already once annoyed and driven them from their work etc. Apprehension of the Indians is the chief occasion of that part of the country being so thin peopled etc. A fort would encourage inhabitants and not cost more than £500 sterl. etc. Copy. l½ pp. [C.O. 5, 870. ff. 127–128, 129, 130, 130v., 134v.]
Nov. 6.
st. Jame's.
445. Order of King in Council. Referring to Committee representation of 23rd Oct. and draft of excise bill of Barbados. Signed, Temple Stanyan. Endorsed, Recd. 12th, Read 20th Nov. 1728. ¾ p. [C.O. 28, 20. ff. 72, 73v.]
Nov. 6.
Virginia.
446. Lt. Governor Gooch to the Council of Trade and Plantations. The time being now expired wherein his late Majesty was pleased to exempt the inhabitants of the two frontier Counties of Brunswick and Spotsilvania from the payment of quit rents; there appear very great difficulties in forming the rent roll of those counties occasioned by some former resolutions in the time of Governor Drysdale's administration, and upon which no positive directions have yet been received from your Lordships. For I find in the Minutes of Council of the 23rd of April 1724 an order to the Officers of the Revenue not to demand either the rights or quit rents for lands granted in those counties from their first erection to that time, lest the acceptance of such payments should be construed an allowance and approbation of some large grants of land, which were then judged to be made contrary to H.M. intentions. According to this resolution I find that the officers of the Revenue have hitherto made no demand of the quit rents for any of those great tracts of land, which have been held by the patentees for six or seven years past, and that they have even thought themselves obliged to refuse the quit rents of such lands when tendered by the present possessors; to which they have been the rather determined by a paragraph in your Lordships letter to Mr. Drysdale of the 30th of June 1726, wherein your Lordships are pleased to intimate that as Col. Spotswood had petitioned H.M. upon the subject of those grants, you were willing to wait some time before you signified your thoughts upon that matter. This being the last intimation received from your Lordships on this subject, I thought fit, taking the advice of the Council, to wait your Lordships further pleasure before any demand be made for those quit rents. I shal not take upon me to offer my own sentiments in an affair which has been so long under the consideration of your Lordships, and wherein I understand the King's Council have been consulted in point of law; But I shal beg leave to say that tho' the persons who first took up those large tracts of land upon the supposition that the King would grant all that the Assembly petitioned for, were in the wrong to proceed so far without H.M. approbation; yet I am credibly informed that without taking up those large tracts upon which great improvements were necessary to be made, those counties would not have been settled so speedily as they have been, and much of that land which has been seated in small parcells would in all probability have remained to this day desolate, as may be seen in the County of Brunswick, which having but few great tracts of land taken up in it by men of substance, hath advanced very little in the number of its inhabitants in proportion to the other county Spotsilvania where the greatest tracts have been granted and possessed, and thereby given encouragement to the meaner sort of people to seat themselves as it were under the shade and protection of the greater. By this method of reasoning I am led to think that there is some favour due to those who have thus adventured to promote the settlement of those new frontiers : but whether H.M. will think fit to extend his bounty to them in easing them of paying for their rights, which still remain unsatisfied, or in any other exemption in respect to their quit rents must depend on what your Lordships shall think proper to represent to H.M. in their favour: though I must beg leave to offer my opinion, that the discharging them from the payment of the rights would be the most reasonable, as it puts them on the equal foot with the rest of the inhabitants of those counties who have lesser portions of land; and the payment of their quit rents only from the time of their grants would ballance the advantage they have had over others in taking up those great tracts, when these have been confined to one thousand acres exempt from both payments. There is one consideration more which weighs much with me and makes me wish that some indulgence may be allowed in the matter of the rights, and that is, to prevent abundance of law suits which will arise on the bonds taken for those rights, which however they may be determined, cannot but create discontents and murmurings where so many people's interests are concerned. And if Col. Spotswood in regard to the great expence he has been at on his settlement, and the misfortunes attending his undertakings ever since, has the good luck to receive any particular mark of H.M. favour, your Lordships will give me leave to hope that the same bounty will be extended to the other patentees, who have also laid out considerable sums in seating and improving their several tracts. I have to add that whatever H.M. pleasure may be in this matter, I beg of your Lordships a speedy signification thereof, that the officers of the Revenue may no longer remain in suspence, and that the people may know what they have to expect. I shal not trouble your Lordships with any other affairs relating to this Government, until I have an opportunity to send the Journals of the Council, this being intended for an outport ship, and I presume but an uncertain conveyance. Signed, William Gooch. Endorsed, Recd. 2nd April, Read 16th May, 1729. Holograph. 21 pp. [C.O. 5, 1321. ff. 106–1070v.]
Nov. 6.
st. James's.
447. Order of King in Council. Approving representation of Board of Trade, and ordering that a draught of a publick seal for Nova Scotia be prepared etc. Signed, Temple Stanyan. Endorsed, Recd. 14th, Read 26th Nov., 1728. ¾ p. [C.O. 217, 5. ff. 95, 96v.]
Nov. 6.
st. James's.
448. Order of King in Council. Approving draught of additional Instruction for Governor Hunter, concerning Col. Lilly's salary. Signed, Temple Stanyan. Endorsed, Recd., Read 13th Nov., 1728. ¾ p. [C.O. 137, 17. ff. 80, 81v.]
Nov. 6.
Whitehall.
449. Council of Trade and Plantations to the King. In obedience to Order of 1st Nov., present names of persons in the several Colonies proper to be inserted in the new Commission for trying pirates in the Plantations. Printed, N. J. Archives, 1st ser. V, 196. [C.O. 324, 11. pp. 111–133.]
Nov. 6.
Whitehall.
450. Same to the Duke of Newcastle. Enclose extract of Governor Worsley's letter, 20th July, with Capt. Morris' deposition, relating to the capture of a merchant ship by a Spanish privateer since the cessation of arms, in order to their being laid before H.M. Enclose list of losses suffered by H.M. subjects from the Spaniards, "which have come to our hands since our Representation of June 20th. Autograph signatures. 1 p. Enclosed,
450. i. Extract from Governor Worsley's letter, 20th July,
450. ii, iii. Depositions as to seizure of the Dolphin. Copies of 20th July enc. i, ii. [C.O. 28, 39. Nos. 47, 47 i, ii; and 389, 28. pp. 363–365; and (without enclosures) 29, 15. p. 104
Nov. 6.
st. James's
451. Order of Lords Justices in Council. Repealing Act of New York for preventing prosecutions by informations, in accordance with representation of Board of Trade. Signed, Temple Stanyan. Endorsed, Recd., Read 13th Nov, 1728. 1½ pp. [C.O. 5, 1054. ff. 290, 290v., 291v.]
Nov. 7.
Jam
452. Governor Hunter to Mr. Stanyan. Abstract. "I have not had the pleasure of any of your commands tho' I have begg'd hard for them " etc. The Assembly, further prorogu'd to 22nd Jan., will, he has reason to believe, "meet in better temper, having had time to chew upon that sugar bill wh. inflam'd them." Wishes the Lords of Trade would send their opinion on that bill, for the blame for not passing it lies on him, "tho' I offer'd in Council the amendt. of inserting ye clause suspending the executn. of it till H.M. pleasure were known, but that small part of ye Council (being in number five only) would not accept of that and pass'd the bill in haste, tho' desir'd by one of that number to putt off the matter till Tuesday when there would be a fuller Council. Our new settlement goes on at Port Antonio with successe, a great many family's are already there, and if the explanatory act wch. I sent home were once approv'd, I really believe it will be in a few years the best in this Island. I beg of you to know what to do in Mr. Coleman's affair" etc.
P.S. The Spanish privateers continue to infest and rob us, and are like to do so let it be peace or war. Signed, Ro. Hunter. Endorsed, Rd. Jan. 14th. Holograph. 2 pp. [C.O. 137, 53. ff. 90, 90v., 91v.]
Nov. 8.
Barbadoes.
453. Governor Worsley to the Duke of Newcastle. I design to lay before the Assembly, prorogued to the 12th [sic] instant (v. Oct. 12 and 28) H.M. 21st and 22nd Instructions, relating to the adjournment and the Speaker of Assembly etc. Encloses Act to reduce the rate of interest. Continues:—It passed the Assembly nemine contradicente as it did also the Council; as it was so popular a bill, and as they are best judges of their own circumstances, I gave my consent to it. But I can't help making one observation, that considering there can be no greater reason for the reducing of interest, than the plenty of money, I am surprised to find them assert in their answer to the Counsellors' reasons for the amendments to the Excise bill, that the publick annual levy did once in every year amass all the publick cash together into my coffers, and upon this head, I beg leave further to observe to your Grace that upon my arrival here, the Island was in debt £30,935 8s. 10½d., as appears by an estimate of the publick debts delivered to meat my first arrival by the Committee of publick accounts etc., and yet this great debt has been almost paid off, besides the payment of the annual expence of the Island, and if Excise bill for this year had been continued in the usual way, this Island would have had, by this time twelve months by computation, all their debts paid, and £2000 in cash. Encloses Act for the encouragement of William Ramsden, Esq. in his new improvement of cattle mills for grinding sugar canes. Continues:—As I am obliged to issue out a new Commission of the Peace, that the Assembly may not say that I exasperate, maletrate, insult and abuse them, as they set forth in their petition etc., I design not to leave out of the said Commission any of the Gentlemen of the Assembly who are now in Commission, notwithstanding their late conduct towards me, as well as to the Council, in that they have refer'd the dispute betwixt the Council and them to H.M. for his determination, when I beg your Grace I may have the honor of H.M. commands, whether such Gentlemen may be employed in the Government. In relation to the extraordinary summs the Assembly in their answer to the Counsellrs. reasons against the Excise bill pretend to say I have allowed the Storekeepers for flags, I have enclosed to your Grace a copy of the former Storekeepers disbursements before my arrival here, by which your Grace will see that flaggs have been charged at the same, or greater prices, before my arrival, etc. As I had granted orders for the inclosed disbursements of Collo. Leslies, I have had them reexamined in a full Council, article by article, for which he produced vouchers, and after the examination of them, I told the Council, that if they thought it just to cut off any part of the said disbursements, I would give my consent to it, and I asked every member of the Council, one by one, their opinions, and they all agreed unanimously to the accounts; etc. Repeats part of 13th Sept. Encloses "the two last days Minutes of the Assembly of the 10th and 14th of September last, by which your Grace will see, that they continued to adjourn themselves without my leave for upwards of three weeks, tho' at the same time, had I adjourned or prorogued them so long, probably they might have made it a handle of complaint against me." Signed, Henry Worsley. Endorsed, Rd. Jan. 19th. 7 pp. Enclosed,
453. i–iv. Account of disbursements for the Magazine, 1721–1723, 1726, 1727. Copies. 4 pp. [C.O. 28, 44. Nos. 129, 129 i–iv.]
Nov. 8.
Barbado's.
454. Governor Worsley to the Council of Trade and Plantations. Duplicate of preceding covering letter, mutatis mutandis. Signed, Henry Worsley. Endorsed, Recd. 16th Jan., Read 20th May, 1729. 6 pp. Enclosed,
454. i. Journal of Assembly of Barbados, 10th and 14th Sept., 1728. Copy. Signed, Robt. Warren, Cl. 2 pp.
454. ii–v. Duplicates of Nos. 453 i–iv. Endorsed, Recd. 16th Jan., 1728/9. 6 pp. [C.O., 28, 20. ff. 107– 109v., 110v.–114, 115, 116, 117, 122v.]
Nov. 9.
Jamaica.
455. Governor Hunter to the Council of Trade and Plantations. Little of moment has occurred since his letter of Aug. 24th. Continues:—Our Assembly, etc. (v. Aug. 5th) is by the unanimous advice and opinion of the Council here further prorogued to the 22nd of January next, when the Members may, with less detriment to their own private interests, attend the publick service and perhaps by that time may have cooler thoughts as to their Sugar Bill, which they had so much at heart and set them all on fire. I the more readily consented to this prorogation because the additional duty and deficiency bills, which latter provided for the soldiers, do not expire till 28th of March and by this prorogation the Assemblies will be brought again to the usual time of year of meeting. Again urges the confirmation of the Act for settling Port Antonio (v. 5th Aug.). Continues:—For as that settlement will very much add to the strength and security of that part of the Island not only against a foreign enemy but also against the rebellious negroes, so it would be a great discouragement to the new settlers there, who are now going on vigorously upon the faith of that Act, to have the same rejected. No encouragement that I have been able to give them has been wanting. I have already sent thither six pieces of ordnance with all necessary stores and when our Engineer Colo. Lilly arrives (whom I daily expect) I propose to visit that part of the Island. The countrey in general as to the planting interest is in a flourishing condition, the seasons lately having been better than for many years past. Our trade lyes still under the hardpps. of being daily molested by the Spanish privateers. I hope some remedy or expedient may be found out to prevent so great a grievance. The Spanish men of warr which were sent to bring home their money saild from Cartagena to the Havana very richly laden about the latter end of Sept., etc. They were to make but a short stay at the Havana, so probably they may get home by the time this comes to your Lordpps. hands, etc. Signed, Ro. Hunter. Endorsed, Recd. 13th Jan., Read 25th Feb., 1728/9. 3 pp. [C.O. 137, 17 ff. 133–134v.]
Nov. 9.
Jamaica.
456. Same to the Duke of Newcastle. Repeats preceding. Signed, Ro. Hunter. Endorsed, Recd. 15th. 2¾ pp. [C.O. 137, 53. ff. 92–93v.]
Nov. 11.
Bermuda,
st. George's.
457. Lt. Governor Pitt to the Council of Trade and Plantations. I arrived 2nd Sept., etc. I found the country much dandified by violent storme and hurricane which happened in the foregoing months, very much dammageing the buildings as well publick as private, and allso destroying the provitions of potatoes and Indian corn, the cheif support of this country, and many vessells have been cast away, others returning by stress of weather without arriving at their intended ports, much ruined and disabled which has occationed Indian come to rise to seven shillings pr. bushell and wheat, flower and bread proportionable etc. Persuant to H.M. Instructions I was obliged to inspect into the administration of Justice, which I found much retarded by a multiplicity of delays; as in the first place Members of the Councill being made Judges of Assize and Common Pleas, whereby the number of the Councill where lessoned, that very often they could not sitt to hear causes; appeals being brought from them to that Court, and other reasons that might be assigned if not to long at present to be incerted. Secondly, that five of the nine parishes for want of a sufficient provision of Justices, where supplyed by the Counsellor of the same Tribe or parish, so that writts of error and other appeals that might be returned up from the Quarterly Sessions of the Peace or in their capacity of holding inferiour Courts for the tryall of small debts, and damages of 40s. and under, wou'd in the same manner, as with regard to the Judges of Common Pleas, for want of numbers wholly incapacitate the Court of Chancery of a Quorum, so as to try causes brought before them, some causes as I have been informed haveing for seven years and upwards been detained there, without any finall decision. In persuance therefore of my Instructions I have constituted and appointed William Outerbridge Esq. to be Chief Justice of the Common Pleas, sometime since a Counciller but at present under the suspention of Collo. John Hope, yet a person of singular distinction and beloved in his country as Collo. Bennett will testify etc., he being always ready to serve his neighbours by reconcileing differences, that too frequently do arise, and the other two Judges his Assistants, as well as himselfe, are Gentlemen of good estates and well recommended to me for their abilitys, good life and conversation. I have likewise taken care to supply the want of Justices in the severall parishes with such Gentlemen as are the most capable for that office and are either by the nomination or aprobation of H.M. Councill here; and none of them save only one by Commission have I removed, etc. I have by my precepts directed, as usual to the Justices, ordered the election of Assembly 18th Nov. etc. Signed, John Pitt. Endorsed, Recd. 29th May, Read 3rd June, 1729. 1¾pp. [C.O. 37, 12. ff. 32, 33, 33v, and (abstract) 37, 24. p. 29.]
Nov. 13.
Whitehall.
458. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 12 Acts of New Jersey, 1728, enumerated. [C.O. 5, 096. pp. 250–253.]
Nov. 13.459. Benjamin Whitaker to the Council of Trade and Plantations. As Attorney General of South Carolina, submits enclosed Articles, "of which I can produce the most full and authentic proofs, if enabled by an order to examine persons and send for papers. I need not represent to your Lordships the dreadfull events that H.M. subjects in Carolina have to fear from a state of anarchy and confusion to which they are now very near reduc'd and how unable they are to defend themselves against the enemies that surround them, whilst they are under a Government so languishing unsteady and supine" etc. Signed, Benja. Whitaker. Endorsed, Recd., Read 19th Nov., 1728. 1 p. Enclosed.
459. i. Articles relating to the conduct of Arthur Middleton, President of South Carolina, (i) He has neglected to take the oaths for observing the Acts of Trade etc., whereby H.M. Revenue hath greatly suffered, (ii) A few months after entering on the administration of the Government, he sold several offices relating to the administration of Justice and used many indirect artifices to extort money from the purchasors. (iii) Contrary to the express orders of his late Majesty, he issued £30,000 in paper bills of credit (which by law ought to have been sunk) whereby the vallue of the said bills are greatly lessened, and the trading people of Great Britain much injured, (iv) To the great grief and disappointment of all H.M. good subjects in S. Carolina, he delayed proclaiming H.M. happy accession 14 days after he had received orders for that purpose, (v) When H.M. Council in June, 1727, had directed warrants to the Provost Marshall to apprehend several riotous persons (who had come arm'd to Charles Town, the seat of Government) and had intruded with pistolls into the Council! Chamber and delivered a seditious representation, Mr. Middleton privately and without the advice or consent of H.M. Councell ordered the Provost Marshal to stop the execution of the said warrants, (vi) When the Honble. Alexander Skeen Esq. one of the Members of Council had committed to prison one Thomas Smith for assembling together severall arm'd person in a riotous tumultuous and unlawfull manner and confederating with his father Landgrave Thomas Smith by force of arms to wrest the Government out of the hands of Mr. Middleton, he ordered Smith to be discharged without hearing, in pursuance of a promise he made to an Assembly of about 200 rioters with whom he so farr prostituted the dignity of Government and H.M. authority as to treat capitulate and make terms, notwithstanding there was two of H.M. ships of war, H.M. Independant Company of Foot, all H.M. Officers in the Government and many other good subjects who offered and were ready to assist him on the insurrection of the rioters. (vii) When proof was made before him in Councill that a number of armed men were assembled together with their faces black'd and disguised in order to kill the Provost Marshall who had warrants against them for levying the publick taxes raised for the support of H.M. Government, he ordered the Treasurer to withdraw the warrants against the said persons and not to suffer them to be executed. (viii) He hath committed diverse other acts highly injurious to H.M. prerogative and tending to the lessening the authority of his government etc. 1¼ pp. [C. O. 5, 360. ff. 76, 77v.– 78v., 79v.]
Nov. 13.
Whitehall.
460. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 2 Acts of Antigua, 1728, (i) for laying a duty of powder and money on all vessels trading to and from this Island, for the defence of this Island etc. and (ii) for raising a tax for paying publick debts ' and charges, and particularly applying the said tax. [C.O. 153, 14. p. 405.]
Nov. 13.
Whitehall.
461. Same to the Mayors of Bristol, Dartmouth, Barnstable, Biddeford, Poole, Exeter, Plymouth, Weymouth, Liverpool. The Council of Trade and Plantations having under their consideration several papers relating to the trade and fishery of Newfoundland, desire you will consult the several merchants and others of— — therein concern'd, and let me have your thoughts whether anything, and what may be done for the further encouragement thereof. [C.O. 195, 7. pp. 155, 156.]
Nov. 14.
Whitehall.
462. Council of Trade and Plantations to the King. Mr. Pusey, one of your Majesty's Council of Jamaica, having been several years absent and at present in jayl, whereby he is rendered unfit to serve your Majty. in that station, recommend Alex. Forbes Esq. to serve in his room etc. [C.O. 138, 17. p. 256].
Nov. 14.
Whitehall.
463. Same to Same. Propose James de Lancey for Council of New York in place of Mr. Barbarie, decd. [C.O. 5, 1125. p. 121].
Nov. 14.
Whitehall.
464. Same to Same. Recommend that Flag Officers and Commanders in Chief in the Plantations be inserted in the Commissions for trying pirates (Nov. 6), as requested by the Admiralty. [C.O. 324, 11. pp. 133, 134.]
Nov. 14.465. Petition of James Smith to the Council of Trade and Plantations. Three Acts of New Jersey, for shortening lawsuits, regulating the practice of the law and recording deeds were disallowed in 1721 as laying petitioners' office under some hardships. But in 1727 Governour Burnet, for £600 given to him by the Assembly, under the name of incidental charges, did re-enact the aforesaid laws, and caused a new ordinance to be made in which the fees only of the Secretary are reduced to very near to what they were when first complained of. Upon some objections made in Council about re-enacting these laws, on account of the 37th Instruction, the Assembly voted to the Secretary £25 a year in consideration of the loss his Office would sustain thereby, which he is sure will be more than £60. After opposing it in Council as much as he could, Memorialist was obliged to accept this or get nothing. Prays for redress. Signed, James Smith. Endorsed, Recd, (from Mr. Docminique), Read 14th Nov., 1728. 1 p. [C.O. 5, 972. ff. 170, 170v.]