America and West Indies
November 1720, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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187-195

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'America and West Indies: November 1720, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 32: 1720-1721 (1933), pp. 187-195. URL: http://british-history.ac.uk/report.aspx?compid=74109 Date accessed: 26 October 2014.


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November 1720, 1-15

Nov. 1.
Whitehall.
279. Mr. Delafaye to Col. Gledhill, Lt. Govr. of Placentia. Your letter of 3rd. July to Mr. Secretary Craggs being laid before the Lds. Justices, their Excys. commend your diligence in sending him an account of what occurs in your parts, and your observations and opinion of the state of the garrison under your command, and of the Colony and the Trade there; but they can by no means approve your backwardness to obey the orders of Col. Philips your superiour officer, as being a proceeding contrary to all manner of discipline, and of which they hope you will never again be guilty; but that if you have any objection to such orders you will in the first place represent it to him. v. No. 281, i. Signed, Ch. Delafaye. [C.O. 324, 34. p. 18.]
Nov. 1.280. Memorial of Rev. W. Gordon to the Council of Trade and Plantations. The order of the Lords Justices in Council of 5th Oct. last, wherein they declare the accusations of Robert Lowther, Governor of Barbados, against me altogether groundless, and that I have made good all the material allegations of my petition, will shew your Lordships how void of the least foundation that Act was for depriving William Gordon, Clerc, commonly called Rector of the Parish of St. Michael of his benefice, etc.: Wherefore I humbly hope your Lordships will not think a law for disseising me of my freehold and living past behind my back fit for H.M. Royal approbation. Offers reasons against Act for the better regulating the power of vestrys in the giving away parochial mony to Clergymen officiating as rectors and curates. (i) This Act is purely calculated to injure me alone in case the former should miscarry. There is no parish in Barbados that ever did or does give above £70 over and above the £150 settled by law, but mine; nor any Minister that keeps a Curate. I allow my Curate £200 per annum; and I give £60 for a house; so that if this law were to be in force, there would not be one shilling left to myself. (ii) The allowance of £50 to a curate in that country mony is not more than sufficient to procure his diet in the meanest and poorest family there, without lodging which is also very dear. (iii) Because I and my curates do the office of Lecturer as well as Rector. (iv) The pretended reason is altogether groundless, for at the time of the last election of Vestry men which gave occasion to this law, I was in England, and consequently could not be any busy intermeddler etc. Signed, W. Gordon. Endorsed, Recd. Read 2nd Nov., 1720. 1 p. [C.O. 28, 15. No. 98.]
Nov. 1.
Whitehall.
281. Mr. Delafaye to the Council of Trade and Plantations. Encloses following. The Lords Justices direct that you report your opinion what orders are proper to be given therein. Signed, Ch. Delafaye. Endorsed, Recd. 2nd, Read 3rd Nov., 1720. 1 p. Enclosed,
281. i. Lt. Governor Gledhill to Mr. Secretary Craggs. Placentia, July 3, 1720. The 3rd of last month arrived here a sloop from Genl. Phillips with his commands to me to transport this garrison to An. Royal saving 40 men, and to disperse a quantity of Proclamations etc. I shipped what men the vessel could carry which I fear is fallen into the pirates' hands etc. Gives his reasons for not being so passive and swift in dispersing the Proclamations. There has not been any hint about them from the Secretary of State and they clash with the Preamble to the Act to encourage the fishery etc. Insists on the value of the island. £370,000 was return'd last year from it to Great Britain. In hunting for provisions last winter for this Garrison, in one private bay, now called Craggs' Bay, 4 familys killed such a number of seales as has produced 370 tunns of oyle, etc. If what these proclamations suggests that H.M. intentions are to destroy or remove the fishery, the pyrates are doing it effectually. There are many ships drove in here by the pyrates who infest our coast etc. Refers to his scheme for making roads etc. v. 1st Oct. 1719. Continues:—These pyrates have now destroyed near 150 boats and 26 ships at Trepassy and St. Maryes, wch. if a communication had been cut o're land, had not been above two days march to have rescued those harbours where the pyrates have been repairing their ships for 14 days past. Asks for particular instructions on these points etc. Signed, S. Gledhill. Copy. 3½ pp. [C.O. 194, 6. Nos. 83, 83.i.]
[Nov. 1.]282. Petition of William Schef (Schaãff) to the Council of Trade and Plantations. There are 160 families of Palatines setled in Schorie, New York, where they have built houses and mills, improved the ground, and cleared a way to Albany, 24 miles. There are 500 German families (3000 souls) dwelling in dispersed habitations in New York. Prays for H.M. grant of the said valley of Schorie to the former, and, to the latter, of land about it formerly in the possession of Godfrey Dellius, or in Mackworth land. Prays that the petition of John Conrad Weiser, for a tract of land called Chettery, may be dismissed, as being utterly contrary to their instructions and the inclinations of their people, who earnestly desire to live a quiet and peaceable life, and are utterly averse to another transportation by water, remembering the loss of most of their young children, at their going from hence to America. If they must be removed, prays that they may be compensated first. The grant of the valley of Schorie to some gentlemen of Albany, being made some time after they had seated themselves therein, at first to one, and then to two other persons, was against the Plantation Laws. Prays for a copy of Col. Hunter's Memorial, etc. Set out, N.Y. Col. Docs. V. 574. Signed, Johan Wilm. Schef. Endorsed, Recd. Read 1st Nov. 1720. 2 pp. [C.O. 5, 1052. ff. 79, 79v., 80v.]
Nov. 3.283. Mr. Boone and Col. Barnwell to the Council of Trade and Plantations. Enclose following. Pray that Col. Nicholson may have instructions relating to the affair of the Spaniards at St. Augustine etc. Represent how injurious it is to the trade and safety of H.M. subjects trading to Carolina, that any of H.M. subjects should furnish the Spaniards there with arms, whereby they may be better enabled to fit out their privateers etc. The behaviour of Capt. Hildersley, H.M.S. Flamborough (v. encl. No. i) in concert with Col. Rhett (v. encl. No. i), is very surprizeing. Propose, that such Custom House Officers be placed att the several ports in the Plantations, who are noe ways either directly or indirectly concearned in forraign trade or are owners of ships or other trading vessells. Signed, Joseph Boone, Jno. Barnwell. Endorsed, Recd. 3rd., Read 4th Nov., 1720. 1 p. Enclosed,
283. i. William Dry to Coll. Barnwell. Carolina, 19th Aug. 1720. Some short time after yo. imbarked, a body of Indians with some Spaniards from St. Augustine made a desent on St. Helena killed one man, and took Inns ye tanner wth. severall slaves prisoners amongst whom yo. had three or four (v. June 24). Inns with. about 50 other white prisners are return'd in a flagg of truce sent there by this Governmt. for yt. purpose. We must never expect to live peaceably here whilst ye Spaniards are in possession of St. Augustine, it is equall to them whether it is peace or warr, that place is become a nest of pirates and privateers, they have lately taken between us and New York 50 or 60 sail, and are now fitting out several cruisers who disregarding ye cessation make prizes of all yt. come in their way, some have gone from hence to demand their vessells taken since ye cessation, but to no purpose so yt. we are in a much worse condition than if wee had actual warr. We have had two or three horse drivers deserted from us to ye French, who left some of the Creek traders, and the French who serve us but in kind, protect them, dreadfull will be ye consequence of those back settlemts. to this province upon a warr wth. France in case ye King does not take care of us. It was Rhett sloop manned with 50 of Hildersley's men and victualled by ye Country who alsoe gave Rhett £100 for ye run of his sloop to carry there abt. ye like number of Spanish prisners as she brought back English. It was ye prospect of makeing a voyage yt. they had in view, when the thing was first proposed, and indeed what they did carry they sold mostly very well, particularly two chests of arms, gt. gunns, swords, pistolls etc., and four great gunns, this thing has made a mighty clamour abt. but Rhett throws it all on Hildersly, and pleads yt. it was both contrary to his orders and knowledge yt. such things were carryed and to justify his innocence produces a copy of a letter he writt Hildersly, for yt. as soon as his sloop returned he hawlled her aboard his ship, and there discharged without ever making any report to ye Custom house officers (by wch. means she is forfeited to ye King). Signed, Wm. Dry, one of the Commissioners appointed to correspond with the Agents in Great Britain. Copy. 1 p. [C.O. 5, 358. ff. 52, 53v., 54, 54v.]
Nov. 3.
Whitehall.
284. Council of Trade and Plantations to the Lords Justices, Enclose extracts of letter from Governor Sir N. Lawes, 24th Aug., complaining of depredations by the Spaniards, and offer ing reasons for insisting on the right of H.M. subjects to cut logwood in the Bay of Campeachy, etc., "which being of great importance we thought it our duty to take the first opportunity of laying before your Excellencies," etc. [C.O. 138, 16. pp. 270, 271.]
Nov. 3.
Whitehall.
285. Mr. Secretary Craggs to Mr. Cox, President of the Council in Barbados. Mr. Whitworth Secretary of Barbadoes being apprehensive that his Deputy may have render'd himself disagreeable by executing some commands of Mr. Lowther in the capacity of Secretary to him: and it being Mr. Whitworth's desire that his Deputy as such, should not interfere in any disputes wherein Mr. Lowther is concern'd, I therefore at Mr. Whitworth's request, desire that you will allow his Deputy to act in that employment and countenance him in the due execution of his office. Signed, J. Craggs. [C.O. 324, 34. p. 19.]
Nov. 10.
Whitehall.
286. Mr. Popple to Charles Stanhope, Secretary to the Lords of the Treasury. Encloses extract from letter of Governor Sir N. Lawes, 31st March, desiring directions concerning H.M. proportion of seizures. Refers to letter of 8th July, 1719. The Council of Trade and Plantations desire you will let them know what directions are proper to send him. [C.O. 138, 16. pp. 271, 272.]
Nov. 11.
Antigua.
287. Governor Hamilton to the Council of Trade and Plantations. Acknowledges letter of 1st July concerning Mr. Duport's complaint etc. Continues:—I am persuaded that I have never given occasion to your Lordships to suspect that I have acted in the affairs of Judicature with a byassed mind, and I hope when your Lordships shall be rightly informed of the truth of this case you will show to Mr. Duport your displeasure for casting an imputation so foul upon me etc. The defendant after the bill was filed appeared upon the service of the subpœna, but not answering the pltf. moved for an attachment and obtained it. Mr. Duport the pltf. nephew afterwards came to me at my house when I was at Nevis and would have had me sealed a commission of rebellion. I told him that I was going to St. Christophers, and in a few days would set in Chancery there, and bid him give notice to the other side, and move for it by Councel for that the defendant had moved me to refer the bill for scandal and impertinence, and to discharge the attachment. No rule to answer was given nor entered with the Register, wherefore I ordered them to move it again when I came down to St. Christophers, where when I arrived the same Mr. Duport came to me, and desired that I would seal the writt upon his application, he having no Councel to move it, alledging that his Councel was then at Nevis which I thought pretty odd, however acquainted him that I had upon the defendts. motion referred the bill. My Lords the defendants Councel convinced me, that I ought not to deny their motion nor to issue the writt the Plantiff required. Not to issue the writt. First because no attachment had issued with proclamation before which a commission with rebellion could not go, and next because it appeared the attachment had been executed and bail given so they ought to have prosecuted the bail bond, and no further process out of this Court. And as to the defendants motion as the attachment appeared to have issued irregularly I thought it ought to be discharged, and that to refer the bill and stay all process till the report, was a matter of course. The steps that had been taken in this cause was what I did not retain when I received your Lordships letter, and therefore that the plaintiff might not be delayed in any process he was intituled unto I immediately sent down such a writt (as he complained to your Lordships I had denied) to Lt. General Mathew, and ordered him to examine how the delay had happened, and if he found it ought to be so, to deliver the writt to the Provost Marshall to execute. Mr. Mathew did examine the matter accordingly in Council and returned me a copy of their Minutes etc. And upon further enquiry into the matter etc. I find it to stand exactly as I have related. My Lords how the parties came to sleep so long upon the order or the report to be so long delayed I know not nor answer, for I find no motion has been made to the Court in it since April last, but they have stirred in it since your Lordships' letter, and the Master has reported the bill to be scandalous, and there the cause now rests. I have my Lords to the best of my judgement acted conformably to the rules of the Court of Chancery established here in the orders I have made in this cause, and I assure your Lordships that I have not as Mr. Duport would insinuate any consideration to the parties concerned in any cause depending before me, nor to anything but the rule of Justice, which I am bound by an oath, and all the tyes of conscience to observe, and for a further satisfaction to your Lordships of my conduct in the Courts of Chancery, I send your Lordships a certificate from all the Practitioners in this Island. As to the representation of Mr. Duport about his expense in procuring the stores of war, I have represented that matter to the Lt. General and Council, of St. Christophers, and believe they have satisfyed him etc. Signed, W. Hamilton. Endorsed, Recd. 12th, Read 27th June, 1721. 3 pp. Enclosed,
287. i. Certificate by the Practitioners at the Bar of the Court of Chancery at St. Xtophers. H.E. administration as Chancellor has been always speedy and impartial etc. 15th Dec. 1720. Signed, Ashton Warner, Tho. Freeman, Mich. Arnald, Wm. Hinde, William Yeamans, H. Pember. Same endorsement. 1 p.
287. ii. Minutes of Council of St. Christophers, 25th Oct., 4th Nov. 1720. Referred to in letter above. Same endorsement. Copy. 7½ pp. [C.O. 152, 13. ff. 224–226, 226(a)v.–230v.]
Nov. 13.
Jamaica.
288. Governor Sir N. Lawes to the Council of Trade and Plantations. Refers to enclosures, from which it will plainly appear that I have done everything in my power to perswade the Assembly to do that which is so essentially necessary for their own good, the supporting the honour and dignity of the Government and paying due obedience to H.M. just commands, but it is really with concern my Lords that I find my unwearyed endeavours for their interest and security has hitherto in great measure proved ineffectual. Sometime ago I recd. H.M. commands for the payment of the Lord A. Hamilton etc., whereupon I did with the advice of the Council issue an order in form as the Law directs on the Receiver Generall for the payment thereof, but the Revenue being considerably in debt and the income thereof being farr short of the annual charge of the Government it has not hitherto been able to discharge that debt. I did therefore with great earnestness recommend to the Assembly (v. Speech enclosed) their reimburseing the Treasury that I might be able to comply with H.M. just commands therein, but notwithstanding all the perswasions and arguments I have used they continue still obstinate in their resolutions on this head (copy enclosed). I am realy at a loss what further to say on this subject for should they continue in the temper they seem to be in at present I am apprehensive it may be a work of time before they enable the Treasury to discharge that debt, and your Lordships cannot be unsensible that unless the Assembly reimburse the Treasury it is not in my power to do more than I have allready done for his Lordship's service in obedience to H.M. commands. Since my last letter the Assembly have only passed two Bills which I have given my consent to vizt. the Additionall duty Bill which differs little from the former excepting they lay a duty of 10s. a head on all negroes imported and 20s. a head on all negroes exported by way of merchandize. Those that only touch here for refreshment are exempted from duty pursuant to H.M. Instructions in favour of the South Sea Company, and a tax of £1000 is laid upon the Jews. The mony ariseing by virtue of this Law they have by another Bill appropriated for the fitting out two sloops or other vessells for guarding the coasts from pirates and other vessells from Trinidado who frequently commit depradations and acts of hostility both by sea and land upon us. The Assembly had severall other bills on foot but I found many of the members absented themselves from the services of the House out of pretence of looking after their own private concerns and that others were for obstructing the publick service and that it was often difficult to get a sufficient number together to make a House, I thought it therefore proper with the advice of the Council to give them a recess by adjourning them to the 19th Jan. next, they haveing first resolved to subsist H.M. soldiers for 12 months longer, and have passed a vote of credit on the Receiver Generall to subsist them till they can be provided for by a Deficiency Law which they have resolved to pass at their next meeting. The revenue being farr short of the annuall charge of the Government and the Assembly being so backward in granting supplys puts the Governmt. here under innumerable difficulties, and I realy cannot flatter myself any longer that they will settle such a revenue as is requisite for the honour and support of the Government, or that they will sufficiently reimburse the Treasury to discharge all the demands that are upon it; and I am at a loss what method to propose to your Lordships for remedy thereof. I am unwilling to propose anything which may look harsh in takeing away any point of freedom from the inhabitants and on the other hand it is absolutely necessary that H.M. Government here shou'd be supported, and I'm afraid unless the Assembly meet in a better temper that cannot effectually be done. I fancy it wou'd alarm them and incite them more to their duty if a bill were ordered to be brought in the House of Commons (tho' never passed) to settle a revenue adequat to the charge of the Government, if your Lordships shou'd approve of any such thing, I woud propose doubling the quit rents and adding the Additional Duty bill to the Revenue Act and pass them for such a number of years as shall be thought proper which together would raise a considerable sum of mony with ease to the inhabitants and render the Government in a great measure independant on the Assembly for support; such a step as this perhaps might awaken them and be a means of bringing them back to their duty etc. I have not hitherto recd. any manner of commands concerning the cessation of arms tho' on our parts 'tis most punctually observed, I wish I cou'd say the like of the Spaniards they continue dayly to molest our coast and the pirates are swarming round us in great numbers. About a fortnight ago a trading sloop belonging to the Island being well manned and commanded by a brisk fellow one Jonathan Barnet did us a very good peice of service he was met by a pirate vessel at the Leward part of this Island commanded by one Rackum in which were 18 pirates more whom he took and are now in goal, this week I intent to have them tryed by a Commission which was sent me some time agoe grounded on the Statute of the 11th and 12th of King William which by an Act of Parliament passed the last Sessions I find is made perpetuall. The Indian King has been very punctuall in sending hither the number of Indians I agreed with him for to scour our woods from the rebellious negroes, they are allready fitted with everything necessary and are gone into the woods in pursuit of them, and I hope they will answer our expectations in the service we propose from them. I have not hitherto had any accot. from the Virgin Islands in relation to the proposalls I sent to the inhabitants there which makes me begin to doubt that they will not accept of the offers I made them. I shall by the next opportunity transmit the Acts and Minutes etc. Signed, Nicholas Lawes. Endorsed, Recd. Jan. 17th, Read March 21st, 1721. 5 pp. Enclosed,
288. i. Speech of Governor Sir N. Lawes to the Council and Assembly of Jamaica, Oct. 4, 1720. Same endorsement. Printed. 2 pp.
288. ii. Speech of Governor Sir N. Lawes to the Assembly of Jamaica. Oct. 25, 1720. Printed. 1 p.
288. iii. Copy of Resolution of the Assembly of Jamaica, Oct. 6th, 1720. They cannot in justice to the country and themselves reimburse the Treasury for the pretended debt to Lord Hamilton and the Council, in case the Receiver General pay the same it being no contingency of the Government within the intent and meaning of the Revenue Act. Same endorsement. ½ p. [C.O. 137, 13. Nos. 45, 45. i–iii.]
Nov. 15.
St. James's.
289. Order of King in Council. A warrant to be prepared for a Commission for trying pirates in S. Carolina as proposed by the Council of Trade. The expenses of passing said Commission to be allowed by the Treasury etc. Signed, Edward Southwell. Endorsed, Recd., Read 11th Jan., 1720/1. 1¼ pp. [C.O. 5, 358. ff. 73, 73v., 74v.]
Nov. 15.
St. James's.
290. Order of King in Council. Repealing Act of Barbados for commuting the stores etc. Signed, Edward Southwell. Endorsed, Recd. Read 11th Jan., 1720/1. 2 pp. [C.O. 28, 17. ff. 1, 1v., 2v.]
Nov. 15.
Whitehall.
291. Mr. Popple to Mr. West. Encloses 12 Acts of Barbados, passed in May, 1720, for his opinion thereon in point of law. Asks for reply to letter of 11th inst., relating to the Act of Henry VI which prohibits Officers of the Customs being traders etc. [C.O. 29, 14. pp. 84–87.]