America and West Indies
June 1720

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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44-60

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'America and West Indies: June 1720', Calendar of State Papers Colonial, America and West Indies, Volume 32: 1720-1721 (1933), pp. 44-60. URL: http://british-history.ac.uk/report.aspx?compid=74101 Date accessed: 02 September 2014.


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Contents

June 1720

June 1.
Boston.
93. Governor Shute to the Council of Trade and Plantations. Refers to replies sent 17th Feb. and to enclosed replies relating to New Hampshire. Continues: H. M. Prerogative being concerned in what has lately happened in the Province of the Massachusetts Bay, I think it my duty to give your Lordships the following account. One the 25th of May the Assembly met, and thought fit to choose Elisha Cooke Esq. for their Speaker, upon which I sent a message down to the House that I would not accept of him. This is the gentleman I removed out of the Council for invading H.M. rights in the woods of Main, for which I had your Lordships.' thanks; and has also illtreated me for which he was censured by the Council, and remains upon record in the Council Books. The House upon my refusing of him sent me word that they would not proceed to the choise of another; whereupon I continued the House sitting for five days to see if they could be brought to another choise, but finding they could not be prevailed upon I disolved them on the 30th of May. Upon searching the Records I found my predecessor late Govr. Dudley had negatived a Speaker; The House insisted upon having him; and the Govr. and Council being in some doubt whether the Governour had such a power invested in him or no, did permit that Speaker to continue, with the saving of H.M. Prerogative. and sent home to the then Lords of Trade to have that clause in their Charter relating to elections explained and their Lordsps. sent him enclosed explanation. Refers to enclosures. Continues:—I had the King's Attorney Genll's. opinion, and all the able lawyers in this affair etc. Asks for Instructions as soon as possible. Continues: I did imediately upon the disolution issue out fresh writs, and know not whether the new Assembly will not choose the same person, which if they do I shall still continue to negative him untill I shall hear from the Honble. Board etc. The common people of this Province are so perverse, that when I remove any person from the Council, for not behaving himself with duty towards H.M. or His orders, or for treating me H.M. Govr. ill, that he becomes their favourite, and is chose a Representative, where he acts as much as in his power, the same part that he did when in Council; of which Mr. Cooke is an instance, who strenuously opposed the King's Order in relation to the Impost Bill, in the House of Representatives. These proceedings very much clogg H.M. interest, as well as the interest and welfare of this Province, which I hope your Lordsps. will be pleased to take into your consideration. The Indians in this country at present continue quiet and easy. Signed, Samll. Shute. Endorsed, Recd. 15th July, Read 3rd Aug., 1720. 3½ pp. Enclosed,
93. i. Extract of letter from the Council of Trade and Plantations to Govr. Dudley, 4th Feb., 1705/6. We approve of your conduct in relation to the Speaker etc. 1 p.
93. ii. Governor Shute's Speech to the Assembly of the Massachusetts Bay, 28th May, 1720, advising election of another Speaker, etc. Copy. 1 p.
93. iii. Governor Shute's Speech to the Assembly, upon dissolving the same, 30th May, 1720. Copy. ¾ p.
93. iv. Clause in the Charter of the Massachusetts Bay, that the Governor shall have the negative voice in all orders, laws, elections etc. Endorsed, Recd. 15th July. Read 3rd Aug., 1720. Copy. ¾ p. [C.O. 5, 867. Nos. 67, 67. i.–iv.]
June 1.
Boston, N. England.
94. Governor Shute to Mr. Popple. Refers to letters of 17th Feb. etc. and encloses following, "which had been sent sooner if it had not been for the longest and severest winter that has been known in these parts, which prevented me going into that Province so soon as I intended. I have the map of New Hampshire by me which I will send by Capt. Chadder who will sail in about 14 days which I take to be the safest conveyance this ship only touching at Cow's in its way to Holland," etc. Signed, Samll. Shute. Endorsed, Recd. 15th July, Read 4th Aug., 1720. Addressed. 1 p. Enclosed,
94. i. Copy of Queries, June 4th, 1719, No. iii.
94. ii. Governor Shute's Answers to Queries relating to New Hampshire (4th June, 1719). (i) The number of people in this Province were upon my first arrival about 9000 of which, men 1500. White servants, very few, Blacks 150. The increase about 500 in the four last years. (ii) The trade is principally lumber and fish, which is exported, the lumber to the neighbouring Governments to the West Indies and Western Islands, from whence our wines are imported, and very lately some to Great Britain as also some tar and turpentine, from whence the whole supply of all linnen and woolen manufactures is imported except some quantity from Ireland either directly or by way of other Plantations in exchange for our timber, merchantable and refuse fish. The merchantable fish is exported now wholly to Portugal and Italy, the proceeds of it allways remitted to Britain, except what is return'd in salt for the fishery. (iii) The trade in fishery is much increased since the peace with France, but the trade of lumber decreased, by reason of the low price it bears in the West Indies and little incouragement to send it to Britain, because of the great duty of it there. (iv) The methods used to prevent illegal trade is the due observation of the Laws now in force relating to the Trade of the Plantations which I indeavour strictly to put in execution and do also take all imaginable care that the King's officers are protected in the execution of their places. I am also of opinion that further to prevent illegal trade, that the Government of New Hampshire should have another Custom House Officer appointed, there being many creeks and coves to run prohibited goods. (v) The ships that trade to foreign parts are now very few, not above 20 belonging to the Province, but of fishing vessels 100 all built in this Province, of seafaring men and fishermen about 400, but many of them transient that are not inhabitants here. There are no settled manufactures in the Province. (vi) Lumber fish and masts for the Royal Navy with a small matter of turpentine are the only produce of this Province; we build some ships but that is much abated since the last warr. Here is some quantities of iron mines which makes very good iron tho' but little of it forged as yet; for an experiment there is two mills now erecting and great quantities of stone, in which we are of opinion there may be silver, of which stone a ship load was sent to London for a tryal but what it produces there is yet no account. (vii) The annual produce of these commodities is very uncertain, the price falling and rising according to the demand, seldom exceeding £50,000 per annum of New England money. This Province would produce quantities of hemp and flax, if any incouragement could be obtained for it, but the people want seed for the first sowing of hemp and flax. (viii) There is but one fortification, Castle William and Mary at the mouth of the harbour and is in a tolerable state of defence on which there is mounted 42 guns. Endorsed as letter. 2¾ pp. [C.O. 5, 867. Nos. 72, 72. i., ii.]
[June 3.]95. Col. Vetch, John Borland and James Douglas to the Council of Trade and Plantations. In 1709 Don Carolos Marquis de Sucre, going Governor to Carthagena under his father the Marquis de Preuse, was taken prisoner by H.M.S. Enterprize and brought to Boston. After several months, at his instance, a flag of truce, the Providence brigantine, was fitted out by undersigned, loaden only with provisions, and sent to Carthagena with the Governor's passport, to arrange an exchange with several British subjects who had been taken in the Bays of Campeachy and Honduras. Under stress of weather etc. they asked leave to wood and water etc at Porto Bello, which was granted, but the vessel and cargo were seized and sold, and the master and men put on board a sloop for Jamaica etc. Pray that the Court of Spain may be pressed to make redress etc. Signed, Saml. Vetch, John Borland, James Douglas. Endorsed, Recd. Read 3rd June, 1726. 1¾ pp. [C.O. 388, 22. No. 256.]
June 3.
Whitehall.
96. Mr. Popple to Mr. Lowndes. The Council of Trade and Plantations having approved the sureties for Lt. Govr. Calvert etc. enclose draft of a bond to be taken at the Exchequer etc. cf. 17th May, 1715). [C.O. 5, 727. pp. 492, 493.]
June 3.
St. James's.
97. H.M. Instructions for William Burnet, Governor of New York, with Instructions relating to the Acts of Trade and Navigation. v. 31st May. [C.O. 5, 189. pp. 486–544.]
June 3.
St. James's.
98. H.M. Instructions for William Burnet, Governor of New Jersey, with Instructions relating to the Acts of Trade and Navigation. [C.O. 5, 189. pp. 545–591.]
June 7.
St. James's.
99. H.M. Commissions to William Burnet to be Governor of New York and New Jersey, and revoking that of Robert Hunter. v. 31st May. Countersigned, J. Craggs. [C.O. 5, 189. pp. 462–485.]
June 7.
St. James's.
100. H.M. Warrant granting the reversion of the offices of Chief Clerk and Register in Chancery and Clerk of the Crown and Clerk of the Peace in Barbados to Nicholas Paxton, upon the death, surrender or forfeiture of Anthony Cracherode who now holds them, and to Barnabas Legard, after the deaths, surrenders or forfeitures of Cracherode and Paxton etc. Countersigned, J. Craggs. Copy, [C.O. 324, 34. pp. 5–7.]
June 9.
New York.
101. Col. Schuyler to the Council of Trade and Plantations. Abstract. The Commissioners for Indian Affairs are returned and have great in measure obtained the ends for which they were sent (v. 27th April). Transmits their Journal in Minutes of Council, and recommends it to the Board's consideration, "least the French settle and secure those passes through which the five nations usually goe to hunt, and the Farr Indians come to trade at Albany, and I am of opinion we may justly prevent these mischiefs, since those very lands have been given in a public and solemn manner by the Five Nations to the Crown of Great Britain many years agoe" etc.
Encloses lists of vessels entered inwards and outwards, 29th Sept. 1719—25th March, 1720. Set out, N.Y. Col. Docs, V. 541. Signed, Pr. Schuyler. Endorsed, Recd. 26th June, 1720, Read 18th Jan. 1720/1. 1¾ pp. [C.O. 5, 1052. ff. 119, 119v., 120v.]
June 10.
St. James's.
102. H.M. Warrant appointing Governor Burnet Captain of an Independent Company at New York, etc. Countersigned, J. Craggs. Copy, [C.O. 324, 34. pp. 8, 9.]
June 11.
Boston.
103. Governor Shute to the Council of Trade and Plantations. Refers to letters of 1st June, sent by vessel en route for Holland and encloses map of New Hampshire. P.S. Since this was written there has been a new election for the town of Boston where they have chosen Mr. Clarke an appothecary whom I had removed from the Council for having strenuously opposed H.M. order in relation to the Impost bill and other misdemeanours. Signed, Samll. Shute. Endorsed, Recd. 26th July, 1720. Read 7th March, 1720/1. 1 p. [C.O. 5, 868. ff. 1, 2v.]
June 11.
St. James's.
104. Order of King in Council. Appointing John Johnston and Francis Harrison Councillors for New York, and John Johnson, junr. for the Eastern Division, and John Reading and Peter Baird for the Western Division of New Jersey. Signed, Edward Southwell. Endorsed, Recd. Read 11th Jan. 1720/1. 1 p. [C.O. 5, 1052. ff. 105, 106v.]
June 11.
Whitehall.
105. Mr. Secretary Craggs to Governor Lowther. I am commanded by H.M. to repeat to you the signification of his pleasure communicated in my letter of ye 5th of March last, that you exactly follow your Instructions in leaving the administration of ye government of Barbados with the eldest Counsellor who shall be at the time of your absence residing in the Island. To which I am now ordered to add by way of explanation that you do on no pretence whatsoever exclude Samuel Cox Esq. from ye said administration, to wch. he hath an undoubted right as eldest Counsellor. Memdm. This lr. was sent from ye Secy.'s Office under a flying seal for conveyance. Signed, James Craggs. Endorsed, Recd. 24th. Read 27th June, 1720. Copy. 1 p. [C.O. 28, 15. No. 90; and 324, 34. p. 8.]
June 11.
St. James's.
106. Order of King in Council. Approving draughts of Instructions for Governor Burnett. v. 31st May. Signed, Temple Stanyan. 1¼ pp. [C.O. 5, 189. pp. 486, a., b.]
June 14.
Antigua.
107. Governor Hamilton to the Council of Trade and Plantations. Encloses Minutes of Council and Assembly of Antigua, and an Act for raising a tax in St. Christopher's etc. Continues: Upon my return from the other Islands, and perusal of the papers your Lordships directed me to send, I find they are so deficient that I cannot presume to send them in the manner they now are but shall take care by the next safe conveyance to transmit them to your Lordships. Your Lordsships can scarce conceive the trouble and pain I have taken in this affair, and can assure you there has been no neglect in me; the Islands being seperated and several of the Officers with whom I have to do in each of them, being ignorant and the best dilatory, have occasioned this delay. It has been so excessive dry for these five months past in these Islands and particularly in Anguilla that several of the inhabitants have deserted that Island, and more will follow. And I am apprehensive that (unless some provision is made for them) they will seperate and settle in some of the Dutch Islands. They have applyed to me for patents for land in Tortola which I did not give but have given grants for land untill H.M. pleasure shall be known therein, being convinced 'twill be very much for H.M. service and the good of these His Colonys to keep them, if possible, from seperating and setling among other Nations, the Island of Anguilla not affording sufficient to support themselves and familys. Signed, W. Hamilton. Endorsed, Recd. 8th Aug. 1720. Read 27th June, 1721. 3 pp. Enclosed,
108. List of enclosures; Minutes of Council of Antigua, 5th Jan. 1718–7th Dec. 1719; Minutes of Assembly, 5th Jan. 1718–24th March, 1720. Act of St. Christopher for raising a poll-tax on slaves and £500 etc. Same endorsement. 1 p. [C.O. 152, 13. ff. 77–78, 80–81, 82v.]
June 14.
Colony of Rhoad Island etc., Newport.
109. Governor Cranston to the Council of Trade and Plantations. In obedience to your Lordships' commands, Aug. 7th, wee have hearwith sent a chart or map of this H.M. Colony and should have sent it sooner, But your commands not coming to our hands untill the beginning of Nov. last, the winters season would not admit us to make an exact sirvey, so that wee was forst to suspend it untill the weather was moderate, and the country passable. The extent of the mape is drawn according to the bounds set forth by our Royal Charter etc. There having been a long controversy between this Goverment and the Goverment of the Masacusets and Conecticut (our bordering neighbours) about the bounds of our Colony; they have (as we presume) unjustly withheld from us considerable part of our Colony within the abovesaid bounds or limits, the which your Lordships will perceive by the green lines (the which describe what wee are at present possest of) and how much of our jurisdiction is forcably detained from us. Tho for the sake of peace, and for maintaining a friendly correspondence with the Goverment of Conecticut. In the year 1703, by Commissioners chosen and commissionated by each Goverment a line was agreed upon between the two Coloneys, tho' to our considerable loss and damage (occationed by the ignorance of our Commissioners, of the situation of the countrey) wee were content to abide by it, and to confirme the said agreement. But the Goverment of Conecticut, tho often requested to joyn with us in running and stating the said line (tho much to their advantage) hath not joyn'd with us therein, but hold us in suspence, daley making incroachments upon our jurisdiction and propertys, the which unjust proceeding hath caused us to remonstrate and explaine the whole cause to our Agent, in order to be laid before H.M. in Councill, as we have done that on the other side relating what (we presume) is withheld from us by the Goverment of the Masstusets Bay etc. No incroachments have been made by the subjects of any forreigne Prince on said Coloney, but what incroachments wee have suffered hath been made by our neibours as aforesaid. This Colony in comparison of the other Provinces and Coloneys on this Continent is very small at ye extent etc., if our neibours should be countenanced, it would be redused to a small morsel etc. Rely upon wisdom and justice and H.M. and his Council etc. Signed, Saml. Cranston. Endorsed, Recd. (from Mr. Partridge) 29th Aug., Read 1st Sept., 1720. 2¼ pp. [C.O. 5, 1265. No. 151.]
June 14.110. Messrs. Plowman, Borland, and Shard to Mr. Popple. Apply for joint patent for curing sturgeon etc. cf. May 27. Signed, John Plowman, John Borland, Robt. Shard. Endorsed, Recd. 14th. Read 15th June, 1720. Addressed. ¾ p. [C.O. 323, 8. No. 9].
June 15.
Whitehall.
111. Council of Trade and Plantations to Lt. Governor Spotswood and the Council of Virginia. Acknowledge letters of May 5th. Continue: We hope your reconciliation is establish'd upon such a foot as may prove to H.M. honour and service, and that the same may be lasting, wherein no doubt every good subject in Virginia must find his satisfaction and advantage. [C.O. 5, 1365. p. 214.]
June 16.112. A true state of the Case between the inhabitants of South Carolina and the Lords Proprietors of that Province; containing an account of the Grievances under which they labour. An abstract of 3rd Feb. q.v. Endorsed, Recd. (from Mr. Boon). Read 16th June, 1720. Printed. 4 pp. [C.O. 5, 1265. No. 145.]
June 18.113. Act of South Carolina for the better supporting of the publick creditt etc. In view of the expence of preparations for defence against the Spaniards and the incursions and depredations by the Indians, and the scarcity of money, £10,000, appropriated by the Act of 1719 entitled An additional Act to an Act for raising of £70,000 etc. towards sinking of so many bills of credit this present year, is appropriated for discounting of all such orders and accounts as are due from the publick, and extending the period for sinking the same till March 1723 etc. Endorsed, Recd. from Mr. Boon. Read 16th Aug., 1720. 2¾ pp. [C.O. 5, 358. ff. 8, 9v.]
June 18.114. Mr. West to the Council of Trade and Plantations. Report upon Acts of Barbados. (i) Act to impower Governor and Council to commute the value of powder etc. found wanting in the accounts of storekeepers etc. Refers to enclosed arguments for and against it. Continues:— That part which relates to the proceedings against Mr. Peers late one of the storekeepers is the subject of a petition by him now depending before the Privy Council. But another part which confirms the process executed by the Marshall of the Committee of accounts, I am of opinion is contrary to the King's Prerogative, inasmuch as the Committee do thereby pretend to establish a new officer of Justice, and such an officer as no Committee of our House of Commons at home, ever yet pretended to appoint. (ii) An Act for the better ordering and regulating the proceedings of H.M. Court of Common Pleas. Refers to enclosed reasons for and objections to it. Continues:—As to the subject matter, it is not proper to be pass'd, tho' the intention is very reasonable and very fitt to be pass'd when drawn into proper form. For if a speciall verdict bee not found, in any cause where either party thinks himself aggriev'd by the judgment, it is exceeding difficult if not impossible to have a remedy by appeal to the Councill at home, since without a speciall verdict the whole of the case can never fully appear. If therefore they had confin'd the obligation, they putt their judges under of directing a speciall verdict when desir'd, to such causes only where the value of the thing in question was equall to what by H.M. Instructions they are at liberty to appeal home for, I should have thought the Act well calculated to render the remedy the subject there has against any erroneous judgement by appealing to the Privy Council more easy and practicable and also to make the dependence of those people still closer to our Government at home. But the obliging all Judges to direct a speciall verdict without any reason assign'd, upon the bare request of the party, and that in causes of never so small a value, is certainly putting it in the power of the debtor most unreasonably to delay his creditor in the recovery of just debts. But the penalty inflicted upon Judges who deny or neglect to direct a speciall verdict when desir'd, by making them, besides an incapacity lyable to the damages sustain'd by the party, and those to bee recovered before any Justice of the Peace as in case of servants wages is so absurd that I beleive your Lordships will not think it proper to bee pass'd into law. Quotes 5 other Acts to which there is no objection. Signed, Richard West. Endorsed, Recd. 21st June. Read 5th July, 1720. 7 pp. Enclosed,
114. i., ii. Arguments for and against the Acts of Barbados to empower the Governor and Council to commute the value of powder etc. 6 pp.
114. iii. Reasons for repeal of Acts of Barbados (i) for the better ordering the proceedings of the Court of Common Pleas and (ii) for abrogating the oath appointed to be taken by attornies employed to draw up special verdicts and appointing another oath etc. Endorsed as report. 5½ pp. [C.O. 28, 15. Nos. 93, 93. i.–iii.]
June 18.
Whitehall.
115. Order of Committee of Council. Referring petition of Sir A. Cairnes and the reports of the Board of Trade thereon to the Treasury and Admiralty for their opinions. [Cf. July 21, 1718 and A.P.C. II. No. 1299]. Signed, Edward Southwell. Endorsed, Recd. Read 11th Jan. 1720/21. Torn. 1½ pp. [C.O. 217, 3. No. 17; and 218, 1. pp. 498, 499.]
June 20.
Jamaica.
116. Governor Sir N. Lawes to the Council of Trade and Plantations. I have not been honoured with any of your Lordships' commands since my last letter of 31st March. Our Assembly met the 15th instant according to adjournment, and I recommended to them sevll. matters of importance for H.M. service and the good and prosperity of this Island. Refers to enclosed Speech, to which they returned a very dutifull Address etc. They have as yet been but a short time together since their last meeting, so that I cannot make any certain judgement whether they really intend to comply with their engagements, but I hope they will; Nothing shall be wanting in me to invite them to it and I should be extreamly glad they'd lay aside all animositys and disputes, and seriously pursue the true interest of their King and Country, etc. Signed, N. Lawes. Endorsed, Recd. 24th Aug., Read 2nd Nov., 1720. 1½ pp. Enclosed,
116. i. Speech of Governor Sir N. Lawes to the Assembly of Jamaica, June 16, 1720. Printed by R. Baldwin. Price 2 ryals. Same endorsement. 5 pp.
116. ii. Address of the Assembly in reply to preceding. 17th June, 1720. Signed, Edmund Kelly, Speaker. Same endorsement. 1 p. [C.O. 137, 13. Nos. 43, 43. i., ii.]
June 20.117. Mr. West to the Council of Trade and Plantations. Report upon the Admiralty Jurisdiction and Piracies in the Plantations. (Cf. May 5th). The 54th Instruction to Governours, which the Lords of the Admiralty desire may be annulled, on the supposition that the Governors are sufficiently instructed by their patents issuing out of the High Court of Admiralty, relate to two things, the goods of pirates and goods piratically taken. The Common Law of England is the Common Law of the Plantations, and all Statutes in affirmance of the Common Law pass'd in England antecedent to the settlement of any Colony are in force in that Colony unlesse there is some private Act to the contrary, tho' no Statutes made since those settlements are there in force unlesse the Colonies are particularly mention'd. Piracy is Felony (that is a capital crime) only by the Civill Law as that Law is the rule of proceeding in our Admiralty Courts, nor was it at all cognizable by the Common Law. But the Admiralty Jurisdiction was by experience found not to bee a remedy adequate to the mischief since by their law no man can bee condemned to death unlesse he either confesses his crime or bee convicted by witnesses, who saw him committ the fact, by which means many offenders escap'd punishment. To remedy this mischief it was enacted 28th, Hen. viii. ch. xv., that all murthers robberies etc. committed by pirates on the High Seas or where the Admirall pretends jurisdiction shall be try'd in such counties within the Realm as shall be limitted by the King's Commission, in like manner as if such offences were done at land. And that such Commissions shall be directed to the Lord Admirall etc., and such as shall bee convict, suffer death without benefitt of clergy, and forfeit lands and goods, as in cases of felonies, and murthers done at land. Ever since, no pirate has been condemned by a Court of Admiralty quâ such, but all tryals for piracy have been by speciall commission grounded upon the Statute. Now if this Statute was of force in the West Indies no person cou'd bee convicted there without a speciall Commission, and if it was not the proceedings must have been altogether at the Civil Law as receiv'd in the Admiralty Courts unaided by any Statute and consequently scarce any person wou'd have been convicted at all, for doubtlesse the inconveniencies wou'd bee as bad there if not worse than they were at home before the making of that Statute. By the preamble to the Statute of 11th and 12th William III ch. vii it not only appears that ever since the statute of Hen. VIII, the tryall of pirates etc. before the Admirall etc. singly by the Civill Law had been altogether disus'd and laid aside, But also that the statute of Hen. VIII did not extend to the West Indies, and therefore it is enacted "that all piracies felonies and robberies committed upon the sea etc. where the Admirall has jurisdiction may bee try'd at sea or upon the land in any of H.M. Plantations by Commission under the Great Seal of England or Admiralty Seal." Which Commissioners tho' they are directed to proceed according to the course of the Admiralty doe not yet derive any part of their authority from our High Court of Admiralty, but only from their speciall Commissions issu'd for that purpose. Argues that therefore pirates in the West Indies, and consequently their goods cannot be condemned before the Admiralty Courts as such, but only through the special Commissions granted to Governors founded upon the Statute of Wm. III. As presidents of such courts of judicature, quâ special Commissioners not qua Vice-Admirals' a Governor must take care of the person to whose custody such goods are committed. The Instructions is therefore very properly given.
The second Memorial (Feb. 6th, 1719) is occasioned upon the letters of Mr. Smith, Advocate for the Court of Admiralty in New England and Mr. Menzies, Judge of Admiralty in the Massachusetts Bay, and is founded on nothing but the desire which the Admiralty Judges have of extending their jurisdiction in the West Indies. Mr. Menzies complains not that prohibitions have been directed to their Admiralty Courts in cases in which by law they ought not to have been granted, but that any prohibitions were granted at all, etc. Argues that it is impossible a power of granting prohibitions should not be wherever the Common Law is extended. For should the Court of Admiralty in New England take upon them to hold plea of freehold or to take cognizance of Acts of debt etc. what remedy has the subject to vindicate that right to that inheritance which he has in being judg'd by the Common Law. If there is no power of granting prohibitions, remedy he has none, and the benefit of the Common Law must in the Colonies bee enjoy'd by none but those who have wealth sufficient to support frequent appeals to Great Britain etc. etc. Concludes: But as to Mr. Smith and Mr. Menzies being disturb'd in the exercise of the Admiralty jurisdiction in the adjudication of what is or is not prize, they certainly are in the right to complain, and it is the duty of the Governors to support them in it, and if they are negligent in so doing, H.M. order for that purpose wou'd undoubtedly make them carefull to doe it etc. The Lords of the Admiralty pray H.M. to order the Governor to restrain the Provinciall Judges from interrupting the proceedings of the Courts of Admiralty. But if prohibitions are legally granted, no order can authorize him to hinder them, and if they are not, the proper remedy is by appeal. But if your Lordships should find as in all probability the fact as to New England is, that the people there, doe under a pretence of law attempt to disturb and perhaps to banish from that Province, the due exercise of an Admiralty Jurisdiction deriv'd more immediately from the Crown than that of their own Courts, the properest remedy the Admiralty can apply for, is that a bill may bee brought into Parliament next Sessions, by which the manner of trying piracies, and the exercise of the Admiralty Jurisdiction may be established etc. Signed, Richd. West. Endorsed, Recd. Read 21st June, 1720. 23½ pp. [C.O. 323, 8. No. 10.]
June 20.
Portsmo.
118. Mr. Bridger to Mr. Popple. I have pro[se]cuted Timothy Gerrish, Paul Gerrish and Thos. Hanson for cutting 6 pine trees without licence etc. They act under an agreement with David Jefferys, an agent of Mr. Taylor's etc. If such an agreement is approved of, a Surveyor is of no more use than if he were in China etc. It is impossible to get witnesses. The owners (sic) probandi must be upon the cutters. Mr. Cooke's oppinion has prevailed so far that the King nor his officer has anything to do in the woods etc. Your Lordships may expect a cloud of witness's affidavits against me for defending H.M. rights etc. There is not one person in these parts, that will support H.M. just rights, prorogative etc., but the Lt. Governour, Jno. Wentworth, who has not failed me upon my application, on all occasions. Thomas Westbrook, one of H.M. Council, has taken the same liberty with those criminal offenders, and agreed with Mr. Jefferies to get so many trees, and employed many men in this province to cut them, more in the province of Main and all without licence, etc. When recommended to your Lordships he had then a good repute and favour wth. the people but within 2 years is gott violently into the faction of Cooke wch. is against King and Govert. etc. It is more than a year since I have had the favour of a line from their Lordships; and two years without any salary, nor any person to supperseed me here. Prays for Instructions etc. Here is in this province sown a good quantity of hemp seed, and I am well assured by the late Act of this province it will be encouraged and the people find their intrest answered thereby. The tryal being over this judgment was given: (because I could not prove that the trees was cut on unapropriated land). That the 6 trees should be delivered to defendants' they giving bonds of £600 to deliver them to H.M. yards and produce a certificate thereof in 18 months, and that they pay the officers fees. They answered the 3 Justices that they would not pay any fees. Refers to enclosures etc. Signed, J. Bridger. Endorsed, Recd. 17th Aug. 1720. Read 22nd Aug., 1721. Holograph. 4 pp. Enclosed,
118. i. Mr. Bridger to Saml. Penhallow, Richd. Wibird, Thos. Packer, the three Justices referred to in preceding. Portsmouth, June 11, 1720. Concludes: Those trees being under seizure before the trial commenced, it was not cognizable before you, either to take bonds or deliver a tree of them 6, but to enquire where they were cut and nothing else, for these trees must be found to answer the judgment given thereon. Same endorsement. 1 p.
118. ii. Copy of Mr. Taylor's contract with H.M. Commissioners of the Navy for the delivery of two ship loads of masts yearly etc. 2nd May, 1715. With Mr. Bridger's comments: His agent cuts what number of trees he pleases without my licence etc. Same endorsement. 1 p.
118. iii. Benjamin Wentworth to Mr. Bridger. Paul Gerrish etc. have got 130 trees this winter besides the 16 seized etc. Signed, Benja. Wentworth. Note by Mr. Bridger: The secret agreement was but for 119 etc. Same endorsement. Addressed. 1 p. [C.O. 5, 868. ff. 71–72v., 73v., 74, 75–76v.]
June 21.
Office of H.M. Remembrancer.
119. Certificate that Lt. Governor Calvert has put in the security required, v. 19th May. Signed, James Pearse. Endorsed, Recd. Read 24th June, 1720. ½ p. [C.O. 5, 717. No. 81.]
June 22.120. Copy of Governor Shute's Commission to Henry Newman to be agent in England for N. Hampshire, as voted by the Assembly, April 20, 1720. Signed, Samuell Shute, Richd. Waldron, Cler. Con. Endorsed, Recd. (from Mr. Newman) 30th Sept., 1720. Read 10th Nov., 1721. 1 p. [C.O. 5, 868. ff. 149, 149v.]
June 23.121. Governor Burnet to the Council of Trade and Plantations. Supports suggestion for an instruction relating to Revenue of New York, similar to that given for New Jersey etc. (v. 20th May). Signed, W. Burnet. Endorsed, Recd. 23rd. Read 24th June, 1720. 1½ pp. [C.O. 5, 1052. ff. 16, 16v, 17v.]
June 24.122. Office accounts of the Board of Trade, March 25—June 24th, 1720. v. Journal of Council. [C.O. 388, 77. Nos. 78, 80, 82, 83.]
June 24.123. Memorandum of Commission appointing Edward Ashe Esqr. a Lord Commissioner of Trade in the room of John Molesworth. Endorsed, Recd. Read 2nd July, 1720. Slip. [C.O. 388, 77. No. 76.]
June 24.
Whitehall.
124. Council of Trade and Plantations to the Lords Justices. Lt. Governor Calvert having given the usual security, enclose, for their Excellencies' signature, draft of the usual Instructions to the Lord Guilford, guardian to the Lord Baltemore, relating to the Acts of Trade etc. [C.O. 5, 727. pp. 493, 494.]
June 24.
Carolina.
125. [?] to Mr. Boone. Refers to former letters. Continues: Very lately we have had a very wicked and barbarous plott of the designe of the negroes rising with a designe to destroy all the white people in the country and then to take the towne in a full body but it pleased God it was discovered and many of them taken prisoners and some burnt some hang'd and some banish'd. I think it propper for you to tell Mr. Percivall at home that his slaves was the principall rogues etc. 14 of them are now at the Savanna Towne and will be executed etc. The Savanna garrison tooke the negroes up half starved and the Creeke Indians would not join them or be their pylots. The war continues still between the Creeks and the Charaches which I take to be good news for us the Creeks was lately coming down to assure us of their friendship but advice was brought them that the Yamasees was foule of their towns and had killed 7 warriors and many others and taken many prisoners etc. I gave you an account formerly that there was a tanner and his white sert. killed by the Indians to the Southward and 12 negroe men carryed them to Augustine which has I imagine given them incouragemt. to come again a plundering for we have now advice that seaven perioguas are coming from the Yamasees to the southard a plundering at least but if they can by treachery take Port Royall Garrison doubt not but they will doe it. I suppose some Spands. is with them. At the same tyme the negroes was playing the rogue we had a small war with the Vocamas a nation on Winea River not above 100 men but the Gentlemen have paid for it for there is 60 men women and children of them taken and killed and we have not lost one white man only a Winea Indian killed and now they petition for peace which will be granted them. We increase dayly in slaves but decrease in white men a body of white people we expect from Philadelphia but they are at a loss how to gett lands they have sent already to view Cape Feare and like it pretty well there is lately a periagua full of white men gon from Charles Towne which is supposed design to turn pyrates. From Augustine is lately fitted out nine privateers which have taken many vessells on this coast the man of warr that is now here have retaken one that was chartered here on Govr. Johnson and Capt. Marshall from Providence retook a ship that the Spands. had taken off Virginia with a good cargoe of dry goods the ship came from White Haven as I take it Govr. Moore's bro. was taken also by the Spaniards going to North Carolina to see his bro. and is now at Augustine poore Mr. Geo. Livingson's eldest son was also on board the same vessell and we doubt is lost for the privateer put on board a long boat off Cape Hateras 12 leagues 50 soules in one boat and his son we heare was one so that we are afraid they are all drowned. If H.M. will be pleased to take us under his imediate care it will putt some life in us but if not many of the best and richest inhabitants will leave the country. I hope if it please God you gett the Governmt. in the hands of the Crowne you will endeavor that we have good officers sent of all sorts then doubtless Carolina will thrive again. I expect we shall now have more pyrates then ever therefore the more occasion of an imediate protection from the best of Princes King George (whom God preserve). Endorsed, Recd. from Mr. Boon. Read 16th Aug., 1720. Copy. 2¾ pp. [C.O. 5, 358. ff. 6, 7v.]
June 24.
Whitehall.
126. Mr. Popple to Mr. West. Encloses petition of Messrs. Plowman etc (v. 14th June). The Council of Trade and Plantations judging that undertaking fit to be encouraged, and being desirous to have the same effectually carryed on without being made a stock-jobbing business, I am to desire your opinion in what manner a patent may be granted them to answer what their Lordships propose. [C.O. 324, 10. pp. 278, 279.]
June 25.
Portsmouth.
127. Mr. Bridger to Mr. Popple. Inclosed is the trial I had this 11th of June and was cast etc. Since my last I have demanded of Thomas Westbrooke Esqr. to let me see agreement betwixt him and Mr. David Jefferies for cutting mast trees but he refuses, nor will he tell me how many trees he has cut etc. Complains that he has been 2 years and 4 days without any support and is in great straits etc. Signed, J. Bridger. Endorsed, Recd. 8th Aug., 1720. Read 5th July, 1722. Addressed. 2 pp. Enclosed,
127. i. Copy of trial of J. Bridger v. Timothy and Paul Gerish and Thomas Hanson for cutting 6 trees without licence etc., referred to 1st May, 20th June, and in preceding. Portsmouth, 9th May, ff., 1720. Same endorsement. 23 pp. [C.O. 5, 868. ff. 250, 250v, 251v–263v.]
June 26.128. Petition of Stephen Duport to the Council of Trade and Plantations. Prays for a letter to Governor Hamilton to aid his attorneys (instead of delaying their proceedings to eject his son's widow, Ester Duport out of his plantation in St. Christophers etc.), as also in getting the charges he was at in procuring the stores for all the Leeward Islands. Mr. Tryon has been paid the freight long since, which 'twas agreed should be paid at the same time etc. Signed, Ste. Duport. Endorsed, Recd. 26th. Read 29th June, 1720. ½ p. Enclosed,
128. i. [? Mr. Duport's Attorney to Mr. Duport.] Nevis, 30th April, 1720. Complains of Governor Hamilton's continual delays in signing a writ of rebellion against the widow (v. preceding.) Copy. ½ p. [C.O. 152, 13. ff. 16, 17, 19v.]
June 28.129. Horace Walpole, Auditor General of the Plantations, to the Council of Trade and Plantations. Complains that the Assembly of New York have refused to allow his Deputy there to audit the Treasurer's accounts, with a view to keeping the money given for the use of the Civill Government intirely in their own power without rendering any accot. of the application of it to H.M. etc. Set out, N.Y. Col. Docs. V. 545. Signed, H. Walpole. Endorsed, Recd. 12th. Read 15th Aug., 1720. 6½ pp. [C.O. 5, 1052. ff. 28–31v.]
June 28.
Whitehall.
130. Order of Lords Justices in Council. Approving of Instructions for Lt. Govr. Calvert (v. 24th June). Signed, Edward Southwell. Endorsed, Recd. Read 11th Jan., 1720/21. 1 p. [C.O. 5, 717. No. 85.]
Note.—After the entry of a Memorandum of above document in C.O. 5, 727, p. 495, the volume concludes with the note: The subsequent papers relating to this Province are entered in Proprieties.
June 28.
Whitehall.
131. Order of Lords Justices in Council. Appointing Peter Beverley to the Council of Virginia. v. 31st May. Signed, Edward Southwell. Endorsed, Recd. Read 11th Jan. 1720/21. 1 p. [C.O. 5, 1319. No. 1].
June 30.
Whitehall.
132. H.M. Instructions (by the Lords Justices) to Francis Lord Guilford, for and on behalf of Charles Lord Baltimore, a minor, Proprietor and Governor of Maryland, relating to the Acts of Trade and Navigation. [C.O. 5, 189. pp. 592–613.]