America and West Indies
March 1721

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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260-281

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'America and West Indies: March 1721', Calendar of State Papers Colonial, America and West Indies, Volume 32: 1720-1721 (1933), pp. 260-281. URL: http://british-history.ac.uk/report.aspx?compid=74114 Date accessed: 23 October 2014.


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Contents

March 1721.

March 6.
St. James's.
394. H.M. Warrant granting leave of absence to Charles Huggins, Clerk of the Exchequer in Barbados, for 12 months. Countersigned, Carteret. Copy. [C.O. 324, 34. pp. 46, 47.]
March 6.
Whitehall.
395. Circular letter from Lord Carteret to Governors and Proprietors of Plantations. His Majty. having, upon the death of Mr. Craggs, been pleased to honour me with the Seals, and to assign to my care the affairs of the Southern Province, I take the first opportunity of giving you notice thereof etc. Signed, Carteret. [C.O. 324, 34. pp. 47, 48.]
March 6.
Virginia.
396. Lt. Governor Spotswood to the Council of Trade and Plantations. Refers to letter of 16th Jan. etc. and transmits remaining laws and Journals of last Session of Assembly. Continues:—The inconvenient length of many of the countys formerly erected, occasioned by the peoples taking up and seating new lands on the frontiers, obliges me to recommend to the Assembly the easing those inhabitants from the excessive fatigue of travelling so great a distance to their monthly Courts. And in order to remedy that inconvenience, here are (besides the County of Brunswick and Spotsylvania mentioned in my former letter) two new countys erected, one by the Act for dividing New Kent County, and the other by the Act for dividing Richmond County, the preambles of which Acts sufficiently setting forth the reason thereof, need no further comment. The same inconveniency has occasion'd the passing the three following laws viz., for dividing St. John's parish, etc., (ii) for dividing the parish of Henrico, and (iii) the parishes of Westover and Wyanoak, etc. To which may be added the Act for enlarging Charles City Council, and consolidating the parishes of Westover and Wyanoak with Wallingford parish. Upon these I shall only trouble your Lordships with this observation, that at the first securing of this country, the people being in fear of the Indians fixd themselves along the banks of the rivers, not daring to venture out into the woods, and when a competent number of inhabitants were thus seated, they divided their parishes by such a distance along the River and built their churches, to suit the conveniency of the then inhabitants, but as the Indians decreased and the English grew more numerous these parishes have been enlarged to an unreasonable length by the yearly addition of new inhabitants backwards into the woods, and so they have continued to this time that it has been found absolutely necessary to erect new parishes and to new modell some others so as to render it more easy both for the Ministers to do their duty and for the people to attend the publick worship: and this being the true motive for making the Laws abovementioned I doubt not they will meet with your Lordsps. approbation. The Act for the more effectual preventing the tending of seconds, is very necessary to restrain a dangerous abuse, which has proved extremely prejudicial to the tobacco trade. What is here called seconds, is the scions or suckers wch. sprout out from the stalk of tobacco after the plant is cut off, and being tended and cultivated in the same manner as the first plant, grow up to a leaf almost as large as the other, tho' far inferiour in goodness and scent, but some of the planters finding they could pass this kind of tobacco, have applyed themselves to the making thereof, tho' it has been prohibited by divers laws, and has not a little contributed to the lessning the value of the good tobacco. And therefore this law is enacted laying a severer penalty upon that offence, which 'tis hoped may be a means of keeping up the reputation and value of that commodity by which alone this country subsists. I need not trouble your Lordsps. with any remarks on the Act for explaining and amending an Act for appointing rowling houses and publick landings and ascertaining the prices of storage seeing the whole scope of that law is to render such rowling houses (which are appointed for receiving tobacco and other merchandize) more convenient for trade. The Act for supply of certain defects found in an Act prescribing the method for appointing Sherifs has been formerly under your Lordsps.' consideration in an Act passed of the same title in 1710, which being a temporary Act was since twice re-enacted: and therefore I should according to H.M. Instructions have refused this Act as being again made temporary, had not there been a material alteration therein in the penalty on such as refuse that Office, which before was 5000 pounds of tobacco and is now reduced to three: and besides I was unwilling to have any difference with the Assembly on this point, because there is a necessity for obliging persons to accept those offices, without which there would be a failure of justice in many parts of the Colony. The Act for settling new ferrys over Pamunkey Mattapony and Potomack Rivers, and for ascertaining the rates of ferriage for wheel carriages, being only designed for the greater ease and conveniency as well of trade as of travelling, has nothing in it which I can apprehend will be disagreeable to your Lordships. An Act having been passed some years ago for lessning the reward for killing of wolves, experience has shewn how much the Assembly was then mistaken: for since then, many who imploy'd themselves in killing of wolves upon the former encouragement not finding it worth their while, those noxious animals have proved very destructive to the peoples stocks, especially on the frontiers: and therefore it was, that this Assembly have now pass'd an Act giving a reward for killing of woolves and repealing all other Acts relating thereto, by which the ancient encouragements are restored, and 'tis hoped, will have the desired effect. Here is also an Act passed to impower Henry Cary gent. to finish the house of the Governor of the Colony and Dominion of Virginia: This Act was pass'd at my desire and because I would leave no ground for any future disputes with the Assembly about the power they had given me by law for finishing that building. I shall only further observe that notwithstanding the House of Burgesses in 1718, made it one Article of their charge against me, that I had squandered away the Countrey's money in building that House, this last House of Burgesses have without the least hesitation pass'd all my accounts and by this Act appropriated a further sum of one hundred pounds, which they found still necessary towards the finishing that building. The Act for raising a publick levy being what passes of course in every Session, needs no other remark than this, that it will appear the publick taxes of this countrey are moderate enough when the levy for two years and an half past appears to be no more than 5½ pounds of tobacco per poll. The last is a private Act to enable Abraham Cocke to sell certain entailed lands etc. The general proviso directed by H.M. Instructions in bills of the like nature being inserted herein I know of no exception to this Act. And having given notice to the partys concerned to appoint some persons to attend your Lordsps. to answer any doubts which may arise relating thereto, I doubt not they will therein conform to your Lordsps.' directions. There were two other bills prepared and passed the Council and Burgesses this Session to which I did not think proper to give my assent, the one entituled an Act for building a Church in the parish of Accomack, and the other entituled an Act to explain and amend part of an Act for regulating the election of Burgesses and for settling their priviledges, and for ascertaining their allowances. As to the first of these, it was grounded upon a private petition from some of the inhabitants of that parish, without allowing the persons likely to be aggrieved an opportunity to be heard; for that part of the Colony being separated from the rest by the great Bay of Chesapeak and the people there knowing nothing of what was transacting in the Assembly, I thought it just they should not be concluded by an Act of Assembly without an enquiry into the merits of the case. And so that bill stands, as it were referr'd till another Session with which all partys are well enough contented. As to the other bill I judge it of so much consequence that I herewith transmitt to your Lordsps. a copy thereof. My exceptions thereto are chiefly these. That seeing by this Act the Electors are to make oath to their freehold if required at taking the poll, and such as take a false oath are made liable to a penalty, it is unreasonable that those who have then qualifyed themselves should have their votes questioned before the House of Burgesses upon any disputed election, at least untill they are convicted by due course of Law, of having voted when they held no right; but it being proposed to add such a restrictive clause to this bill, it was rejected, because it was said that the Burgesses were not to be directed by law in determining the election of their own Members, a doctrine I can by no means approve of, since I have this very session seen a flagrant instance of the abuse of their power in the case of a disputed election, where divers freeholders were compelled to produce the deeds and evidences by which they held their lands, and thereupon declared to have no right to give a vote in the election of Burgesses. This, I argued, was exercising a power which that House had no authority to do, it being in effect, forcing a man to accuse himself of a crime for wch. he is punishable by law, and a taking upon themselves a power of judicature in matters of freehold which are only cognizable in the established Courts of Justice: And seeing I percieved by their rejecting this clause of the bill, the Assembly were inclined to leave themselves at large in what they should think fitt to call their priviledges, and that on this occasion it was asserted that the priviledges of the House were not to be limited nor defined, I did not think fitt to assent to this bill, without some provision to secure the rights and libertys of ye people. As this matter of the priviledges of the House of Burgesses may often administer occasion of disputes between them and a Governor, whenever designing men find it for their purpose to inspire them with thoughts of enlarging their power, I could wish your Lordsps. would be pleased to move H.M. to ascertain what rights and priviledges are to be allowed in that House, that a Governor may not transgress in abridging what is really their due, nor they assume what they ought not to exercise. And here I must further take notice to your Lordsps. of another extraordinary proceeding of the last House of Burgesses, of which there are two instances to be found in their Journal, one on the 8th of November, in the case of a petition of John Bolling complaining of the undue election of Thos. Randolph, where the Speaker of the House is desired to issue his warrant, and he of his own head issued this warrant, commanding the Sherif of the County to execute that order. In the same days Journal, the Committee of Elections propose his issuing his warrant to the Sherifs of three Countys to summon witnesses to give evidence before Commissioners appointed in the country: and another instance of the like nature is in the Journal of the 11th of the same month on a petition of Charles Grymes complaining of an undue election in Richmond County. This is a practice entirely new, the Messenger of the House being the proper officer to execute their orders; and I am humbly of opinion that the allowing the Burgesses to order and direct any of the King's Officers to do what they are not bound to by law may prove of dangerous consequence, since by the same rule that they have now directed the Sherifs to summon witnesses and the Justices to take depositions, they may of their own authority command the Sherifs to raise the posse, or assume a power over the Militia. There is no doubt the House of Commons in England may call before them the Generall of H.M. armys, but I cannot think they would take upon them to order him to march the army: And tho' I do allow that the House of Burgesses as the Representatives of the people here have power to call before them such persons as they think fitt, yet I cannot admitt there having any such authority as to direct anyone in the execution of his Office. This I urged to most of the Members of the House of Burgesses, who did not then pretend to justify the practice, tho' I am apt to think they will make the proceedings of this House a precedent hereafter, seeing in the determination of one of these disputed elections, they had the same regard to the depositions taken in this irregular manner, as if the persons had been duly examined before their Committee. And therefore I am the more desirous of having your Lordsps.' opinion hereon, that I may govern myself thereby, if the like attempt should be made in future Assemblys, having at this time pass'd it over without any publick opposition, because I would avoid all controversy, tho' I could not but be concern'd to see so much trouble given both to the officers and the people by obliging some of them to travell upwds. of 100 mile without any recompence, when in two of the abovementioned cases the petitions were judged vexatious and scandalous, and in the other the Justices were obliged to sitt from the 16th to the 23rd of November to take the examinations of upwards of 50 witnesses, many of whom ought not to have been sworn at all, being the sitting Member's own domesticks, and the points on which they were examined touching his private conversation with his friends and in his own family. Your Lordsps. will find in the Journals of the 21st of December a resolve pass'd the Council and Burgesses for lodging a sum out of the publick money in the hands of the Speaker for payment of the Burgesses's salarys. To which I refused my assent, because by my Instructions I am directed not to suffer any publick money to be issued out but by warrant under my hand, and here the particular sum to be paid was not ascertained but left to the discretion of the Speaker what he thought fitt to demand under two thousand pounds; and because many of the Members of that House apprehensive of his partiality to those who opposed his measures were very earnest with me not to leave it in his power to postpone the payment of their sallarys: And I have according to the first vote of the House on the 12th of November, now issued warrants for the payment of every particular Burgess according to their attendance, the whole charge amounting to £1905 11s. This manner of paying the Burgesses allowances out of the publick treasure of the countrey, when the same ought by law to be paid by the countys for which they serve, is new, and such as I should not have agreed to, had I not resolved to avoid anything that was likely to chagrine them, it being what the greater part of the House had very much set their heart on, and I perceived too that it was acceptable to the people as easing them of some of their levys. The advantages of a lighthouse on Cape Henry for the benefite of the trade to this and the neighbouring Province of Maryland, are so obvious, that I have often wondered why so usefull a work has not been undertaken long ere now; and having had occasion to discourse the matter with some Gentlemen of note in Maryland, and finding that Province would be willing to contribute to the charge, I communicated the same by a message to the House of Burgesses on the 24th of November and on the 7th Dec. recd. their answer, wherein acknowledging the usefulness of such a lighthouse, they have resolved that one be built at the expense of this Colony, provided the Province of Maryland will contribute £150 towards the building and £80 sterling for ever hereafter towards defraying the charge of maintaining and keeping it in repair, and I have since at their desire transmitted their resolutions to the Governor of Maryland, but because the charge of such a lighthouse must be defrayed by a duty on shiping and consequently must more immediately affect the trade and shipping of Great Britain, I therefore pray your Lordsps.' directions therein, seeing I am by my Instructions restrained from passing any law of this nature without H.M. leave; and I am informed likewise that such lighthouses are not erected without the approbation of the Members of the Trinity house. If your Lordsps. therefore think fitt to enquire into the expediency of this work I believe there are few masters of ships using this trade, but what will readily agree that such a lighthouse will prove of extraordinary benefite to the Trade; and I shall only add what I have been told here, that divers ships coming in soundings upon this coast in the night or in hazie weather, tho' they had then a fair wind have been afraid to venture in where they could see no landmark and by the sudden change of the wind, have been drove off to sea, and kept out 2 or 3 months, whereas if such a lighthouse were built ships might then boldly venture there being water enough and a good channell within little more than musquett shott of the place where this lighthouse may be placed. I shall pass over without any reflection, sundry extraordinary proceedings, which may be found upon the Burgesses Journal this Assembly such as the voting of one thing one day and altering it 3 days afterward by another resolve as may be observed in the Journal of the 17th and 20th of December in the case of a reward given to Capt. Martin and the persons that accompanyed him to St. Augustin; the desiring the Council to join with them in preparing their bills and in fraiming their Addresses to H.M., and some other lesser irregularitys in their proceeding's which your Lordsps. will easily observe by perusing the Journal. Having in my last informed your Lordsps. of some difference between me and the Assembly about their appointment of an Agent, I beg leave to refer your Lordships to the proceedings of the 14th of December for the manner of introducing that resolve of theirs, and the division of the House thereupon, by wch. it will appear that it pass'd with more opposition than any other matter this session: and when your Lordsps. are inform'd that this resolve was brought in and voted in the absence of divers members of the House who would have opposed it, and consider likewise what I laid before the House of Burgesses the 23rd of December on that head, I hope your Lordsps. will be of opinion that I had no great inducement to assent to a matter which was contrary to the sentiments of the majority of the House, as well as contradictory to the repeated declarations of the Crown in relation to the appointment of part[icular?] Agents by the Generall Assemblys of these Plantations: and indeed when [I] found Mr. Byrd positively deny so much as to give me his bond (which [?I] purposed to keep secret) that he would solicit nothing but what should [be] handed to him by the mutual consent of the Governor Council and Burgesses, I thought I had reason to apprehend he was not so desirous of this publick character for the service and interest of his country as for some other private views which perhaps neither of the partys from whom he derived his [office?] would be willing to come into: and I'm sure I shall always [have such?] regard for your Lordsps.' ease as not to encrease your trouble by the un[?necessary] memorials of private Agents, when I am very sensible that the representations of the affairs of this Government which I am obliged to make to your Lordsps. must imploy a good deal of your time, and I am confident will always have their due weight if judg'd to be for H.M. service and the publick welfare of this Colony: and if they are not I can see no reason why your Lordsps. should be vex'd with impertinent solicitations about them. Having at the opening of this Session laid before the Assembly that part of your Lordsps. letter of the 14th of June which relates to renewing the Covenant Chain with the Indians of the Five Nations, your Lordships will find in the Burgesses Journal of the 21st of December the sentiments of the Council and Burgesses, that no such Treaty should be moved untill those Nations or the Government of New York in their behalf have agreed to the preliminarys offered to them in the year 1717, and I have transmitted to Mr. Burnett a copy of the Assembly's Address and expect his answer thereto in a short time, and I hope the publick declaration which the Assembly has now made with respect to those Indians will serve to reconcile my letter to your Lordsps. of the 16th of August, 1718, with that to Collo. Schuyler the 25th of January 1719. In the first I spoke my own sentiments, and what I wish'd to have done, and in the last what I knew to be the general humour of the people here, who will never be persuaded that it's worth while to be at the expence of treating with these Indians without some better security than the bare promises of some of their Sachims. Signed, A. Spotswood. Endorsed, Recd. 8th May, 1721, Read 12th June, 1722. 10 pp. Enclosed,
396. i. Bill, passed by the Council and Assembly, but not assented to by the Lt. Governor, Dec. 1720, to explain and amend part of an Act for regulating the election of Burgesses and for settling their priviledges and for ascertaining their allowances. Endorsed as preceding. Copy. 3 pp. [C.O. 5, 1319. Nos. 14, 14. i.]
March 7.397. Petition of Johan Schef to the Council of Trade and Plantations. Petitioner designing by the first ship to return into New York, prays for copy of order of the Board upon his petition in Nov. last etc. Signed, Johan Wilm. Schef. Endorsed, Recd. Read 7th March. 1721. 1 p. [C.O. 5, 1052. ff. 151, 152v.]
March 8.
Whitehall.
398. Mr. Popple to William Scheef. I am commanded by the Lords Commissioners to send you the enclosed letter to Governor Burnet, which is to desire his answer to a letter I wrote to him 29th Nov. last (quoted). Concludes: As it is upon these terms [of conforming themselves to the Governor's orders] that the Palatines at New York (whose cause you have been solliciting here) will be entituled to H.M. favour, you will do well to acquaint them therewith etc. [C.O. 5, 1124. pp. 252, 253.]
March 8.
Whitehall.
399. Mr. Popple to Governor Burnet. The Lords Commissioners remind you of my letter of 29th Nov. etc. It is not that they think you could have made a return by this time; but as William Scheef, one of the Palatines, is now returning to New York their Lordships thought fit to direct me to repeat their desire of having those poor people settled as soon as conveniently you can. [C.O. 5, 1124. pp. 254, 255.]
March 9.
Whitehall.
400. Mr. Popple to Mr. Burchett. In reply to Feb. 20th, encloses following.
400. i. Heads of Enquiry and Scheme of Fishery for the Commander in Chief of the Newfoundland Convoy. Same as April 6th, 1720 q.v. [C.O. 195, 7. pp. 40–75, 94.]
March 9.
Burlington.
401. Governor Burnet to the Council of Trade and Plantations. Announces death of Caleb Heathcote, Surveyor General of the Customs etc., on 27th Feb., and recommends Lewis Morris junr., to fill his room in the Council etc. P.S.—I have just received news from Albany that the trade with the French is quite broke, and that as the severity of the act quite discourages the traders from attemting it, they are willing at their own charge to begin a trade through our 5 nations means with the far Indians, and are going to be at charge and risk for that purpose, even before a regular settlement is made as proposed, which news gives me great satisfaction, and is a beginning to a better fase of affairs that way that has ever yet been known, and of the greatest consequence to the welfare and prosperitye at all the British plantations the suddenness of the opportunity hinders my being so full as I should be etc. Signed, W. Burnet. Holograph. Endorsed, Recd. Read 2nd May, 1721. 3 pp. [C.O. 5, 1052. ff. 155–156v.]
March 10.
Whitehall.
402. Mr. Popple to Robert Lowther. The Council of Trade and Plantations, having under consideration several Acts of Barbados, desire you will let them have in writing as soon as conveniently you can, what occasion there was, and what reasons you had for passing the Act for the better ordering of H.M. Courts of Common Pleas etc. [C.O. 29, 14. p. 94.]
March 10.
London.
403. Mr. Bridger to the Council of Trade and Plantations. Describes his services, as late Surveyor, the daily destruction of H.M. woods in America, and the need of measures to prevent it, etc. A mast tree of 37 in. diameter costs H.M. £150 etc. Applies for 2½ years salary for duty done before any appeared to supersede him etc. Signed, J. Bridger. Endorsed, Recd. 10th March, Read 5th Sept. 1721. 7¾ pp. [C.O. 5, 868. ff. 106–109v., 110v.]
March 13.
Whitehall.
404. Council of Trade and Plantations to the King. Propose Archibald Mackphedris, Nicholas Gillman and Peter Ware for the Council of New Hampshire as suggested by Gov. Shute, etc. 19th Aug., 1719. [C.O. 5, 915. p. 319.]
March 14.
Whitehall.
405. Same to Lord Townshend. Reply to April 24th, enclosing extract of letter from Capt. Purvis relating to French settlement upon the Island of St. Jean etc. We have discoursed with Capt. Purvis thereupon. We have likewise confirmation of this advice in some letters lately received from Governor Philipps; And we are of opinion that the growing strength of the French settlements in those parts may prove of dangerous consequence upon any rupture more especially considering the very weak state of that Colony, the disposition of the French inhabitants in Nova Scotia, and the influence their prie(s)ts have over the native Indians there; which has lately appear'd in a very flagrant instance upon the plundering of H.M. subjects at Cançco, for which reason we would humbly submit to H.M. consideration the urgent necessity of sending a force to those parts sufficient to protect his subjects there etc. Refer to Representations of 30th Aug. and 14th Dec. past. Continue: But as to the Island in question, we really apprehend that according to the letter and meaning of the 13th Article of the Treaty of Utrecht, the same does belong to the French being one of the Islands lying in the Gulf of St. Lawrence. But on the other hand, considering the difficulty the French have hitherto made of setling boundaries in those parts, and the frivolous pretensions they are every day starting to deprive H.M. of those lands and islands part of Nova Scotia, which do plainly and evidently belong to H.M., we submit to your Lordp. how far it may be adviseable to dispute this settlement with the French on the general words in the 12th Article of the Treaty of Utrecht, whereby all lands and islands depending upon Nova Scotia are yeilded up to the Crown of Great Britain for altho' Cape Breton and all Islands lying in the mouth of the River of St. Lawrence or in ye Gulf of the same name are reserv'd to the French by ye 13th Article of the said Treaty yet this Island of St. Jean's by reason of its lying so near to the shore might still be sayd to belong to Nova Scotia, and there is no doubt but the French upon a weaker pretence would insist upon their right to this or any other Island. [C.O. 218, 2. pp. 1–4.]
March 14.
Whitehall.
406. Mr. Popple to Mr. Carkesse. Encloses Act of Barbados, 1718, granting liberty to load and unload to and from any the bays creeks and harbours, and enquires whether the Commissioners of Customs have any objection etc. [C.O. 29, 14. p. 95.]
[March 16]407. James Smith to the Council of Trade and Plantations. States his case against the Acts of New Jersey complained of 6th May q.v. Endorsed, Recd. Read 16th March, 1720/21. 2 pp. [C.O. 5, 971. No. 88.]
March 16.
South Corolina.
408. Charles Hart to [?Lord Carteret]. Congratulations upon his return to England etc. after having finished his Embassy (to Sweden). Prays him, as Lord Palatine, to put an end to the confusion in Carolina, and obtain him a post in some part of the world, etc. Continues: We are told that by the interest of Mr. Secretary Craggs, one Mr. Lloyde Postmaster of this district, and one of Col. Moor's Councill is to succeed me as Secretary" etc. I humbly beg to know what I must do with the records etc. My wants are very pressing, having been kept above a year out of the profitts of my place etc. Signed, Charles Hart. 3 pp. [C.O. 5, 387. No. 22.]
March 16.
Whitehall.
409. Lord Carteret to Samuel Cox. Nothing contained in H.M. letter of license to Mr. Huggins (v. March 6th) is to be interpreted to the prejudice of Mr. Whitworth in the contest at law depending between them as to the right to the office of Naval Officer of Barbados etc. Signed, Carteret. [C.O. 324, 34. pp. 49, 50.]
March 16.410. Governor Lowther to Mr. Popple. Asks for copy of Act for better ordering the Court of Common Pleas etc. (v. 15th inst.) Signed, Rob. Lowther. Endorsed, Recd. Read 16th March, 1721. Holograph. 1 p. [C.O. 28, 17. ff. 27, 28v.]
March 17.
Whitehall.
411. Council of Trade and Plantations to Governor Shute. Acknowledge letters from 19th Aug., 1719, and refer to their own of 4th June, 1719. Continue: We are glad to hear that the Indians are quiet, and we do not doubt but that you will continue your utmost care and diligence to preserve a friendship with the native Indians, and the best way of doing this is to keep a good correspondence with the neighbouring Governors and to make the said Indians on all occasions comprehend that altho' H.M. has different Govts. on the Continent yet all the inhabitants are his subjects united in one common interest, nor will you forget to prevent as much as possible their being influenced by the French Missionarys. We represented what you formerly wrote in relation to the British captives at Canada and as we are inform'd upon application to the French Court thereupon orders were sent to the Governor of Canada for their release. As to what you write 26th Oct. 1719, we know nothing of what has pass'd between the Lords Justices and Mr. Dummer upon any matters relating to the Act of impost, nor do we remember to have discours'd with Mr. Dummer thereupon. You say that you have sent all the papers relating to the dispute at Canso to Mr. Dummer, those papers never came to our hands and we must desire that for the future all papers which you design for our information may be sent directly to us. You say, 7th Dec. 1719, that "the Paper bills daily sink in their value" etc., which we desire you will explain in your next and hope to hear from you at the same time what remedies you wou'd propose for the mischief occasion'd by the discredit on the said bills. We commend your diligence in relation to Capt. Scots bond, we doubt not but all offences of the same nature will be prosecuted by you in the most effectual manner and that you will take particular care to be informed by the proper officers of the numbers of Englishmen that come yearly from Newfoundland to New England and in what ships that you may send us an account thereof by the first opportunity, this being a practice very disadvantageous to Great Britain. We approve of what you have done in putting a negative upon Elisha Cook chosen Speaker by your Assembly, and for your information herein we send you inclosed the opinion of Sr. Robt. Raymond H.M. Attorney Generall which will be a guide to you in all future cases of the like nature, and which you are to signify to the Council and Assembly. We shall send you our opinion by another opportunity concerning what you write, 17th Feb., 1720, in relation to your 73rd Instruction about printing. Your care and diligence in endeavouring to preserve H.M. woods is very commendable, and what you write about the exportation of timber to Spain will be taken into due consideration. [C.O. 5, 915. pp. 320–322.]
March 18.
Whitehall.
412. Mr. Popple to Governor Shute. The Council of Trade and Plantations have considered what you write, 19th Aug. 1719, in relation to the vacancies in the Council of New Hampshire; you say there are four vacancies but do not acquaint their Lordships by whose death or absence the fourth vacancy is occasion'd, so that they can only at present recommend three, but upon this occasion I am to acquaint you that unless there be some person or persons appointed to pay the fees in the Council and Secretarys Offices (and I know of none such) it cannot be expected that the proper warrants for the admission of any person will be sent over to you that you may know how the Councillors stand in our books I send you the inclos'd list. P.S.—Since the writing of this their Lordships have recommended as March 13th. [C.O. 5, 915. p. 323.]
March 21.
Charles Town.
413. Mr. Moore to [?Mr. Secretary Craggs]. The dayly expectation we are in of the arrivall of Governor Nicholson prevents all publick business. Capt. Hildesley (v. 2nd Feb.) has beene very neare occasioning a great deale of bloodshed he has taken Commission from Col. Johnson to be Col. of the Regiment in Berkeley County. They are continually contriving and plotting of mischeif Hildesley especially but thank God it never comes to anything. I am quite tired of publick business. The Govrs. speedy arrivall is prayed for by the whole Province. Signed, Ja. Moore. Subjoined,
413. i. Return of Inhabitants who pay tax in South Carolina, 14th March, 1720.
By parishes. Totals:—Acres, 1,163,239¼. Inhabitants, 1305. Slaves, 11,828.
413. ii. Exports from Charles Town, 1st Jan.—2nd May, 1721. Rice, to Great Britain, 13,479 lb.; to the Plantations, 2733 lb.
Pitch, to Great Britain, 6,747 lb.; to the Plantations, 1,450 lb.
Tar, to Great Britain, 4,269 lb.; to the Plantations, 1,292 lb.
The whole, 1 p. [C.O. 5, 387. No. 23.]
March 21.
Whitehall.
414. Council of Trade and Plantations to the King. Recommend Anthony Swymmer for the Council of Jamaica in place of Francis Rose decd. [C.O. 138, 16. pp. 282, 283.]
March 21.
Whitehall.
415. Council of Trade and Plantations to Governor Burnet. Enclose memorials from James Smith, Secretary, who has been a great sufferer by some acts passed in New Jersey, and desire him to move the Assembly to re-establish the fees of his offices, or to find out some equivalent to prevent his suffering for the faults of his predecessor. "For we are inform'd by Brigadr. Hunter that these laws were design'd as a punishment to the then Secretary, who had been guilty of notorious crimes, and that the Judges of the Supreme Court had represented to him that the Act for shortning law suits etc. was entirely destructive to their jurisdiction" etc. If the Assembly do not comply, desire a state of the case and account of the fees, that proper measures for his relief may be taken here. Set out, N. J. Archives 1st Ser. V. 4. [C.O. 5, 996. pp. 102–104.]
March 22.
Treasury Chambers.
416. Mr. Stanhope, Secretary to the Treasury, to Mr. Popple. Encloses following, for the opinion of the Council of Trade and Plantations thereupon. Signed, C. Stanhope. Endorsed, Recd. 23rd, Read 28th March, 1721. Addressed. 1 p. Enclosed,
416. i. Case of Owners of the Calabar-Merchant, of Bristol. Bound from Bristol to Guinea to purchase negroes and transport them to Virginia, this ship was plundered by pirates under one England, near old Calabar on 11th Dec., 1719. After beating and abusing the master and his men, and keeping them prisoners for 9 weeks, the pirates gave them back their ship with 21 negroes as a satisfaction for the damage done, amounting to at least £1200. On arriving at Virginia, the Master, Kennedy, acquainted Lt. Governor Spotswood thereof, who seized the negroes for H.M. use, and only allowed £126 for the same, which is not one fourth of the value etc. Copy. 1¾ pp.
416. ii. Petition of Same to the Lords Commrs. of the Treasury. Pray for an order to Lt. Governor Spotswood to deliver them the negroes, or satisfaction for them etc. Signed, Fra. Stevens, Abell Grant, Tho. Melton, Sam. Allen, Sam. Fry. Copy. ¾ p. [C.O. 5, 1319. Nos. 4, 4. i, ii.]
March 22.
Whitehall.
417. Lord Carteret to the Council of Trade and Plantations. Encloses following for their report thereupon. Signed, Carteret. Endorsed, Recd. 22nd March, Read 4th May, 1720/1. 1 p. Enclosed,
417. i. Address of the Council and Burgesses of Virginia to the King. Having deliberated how to extend your Empire in these parts and secure our present settlements from the incursions of the savage Indians and from the more dangerous encroachments of the neighbouring French, we beg leave to lay before your Majestie the present situation of this Colony etc. To the westward of Virginia about forty miles distant from some of our remotest settlements there runs a ridge of exceeding high mountains which extend all along the back of this and the next Province of Carolina and must certainly prove an extraordinary safeguard to these Colonys, whenever our plantations shall reach so far as to get possession of the passes, which appear to be no more than two. On the other hand in case the French who are carrying on dangerous projects not very far beyond these mountains, should be beforehand with your Majestie's subjects and possess these passes, that Nation would then not only secure their communication betwixt the Rivers St. Lawrence and Mississipi, but would be in a condition by keeping the key of this barrier to annoy your Majesties subjects on this side whenever they think fit. This apprehension awakens us to give all encouragement suitable to our poor abilities, for the speedy seating that tract of land which lies untaken up between our present settlements and those two passes. For that end we have now created two new countys, the one on Rappahanock River leading up to the Northern pass, and the other on Roanoake leading to that on the South. To encourage people to go up and seat these two counties we have exempted the inhabitants thereof from publick taxes for the space of ten yeares. We have agreed to build them Churches and Court-houses and to furnish them with armes and ammunition at the publick charge. But what would be a greater inducement etc. would be your Royal favour of remitting all the quitt-rents of those two counties for ten yeares and exempting the takers up of land from the five shillings which they are by the Order of this Government obliged to pay for every fifty acres of land that they enter for; And this bounty we are the more encouraged to beg because we are fully perswaded that in a few yeares it will prove a considerable augmentation of your Majesty's Revenue here. And to render the proposed barrier more defensible etc. we humbly beg your Majestie will be graciously pleased to give directions for building a fort at each of the passes out of your revenue of quitt rents etc. and for sending over two companys of 50 men each in your Majesties pay to serve as a garison for those forts etc. under the orders of your Majesties Governour and Council here etc. Our Lt. Governour Col. Spotswood will be pleased to intercede in our favour, who has spar'd no fatigue or expense to visit our mountains in person, and to inform himself of the exceeding importance of them, both for your Majesties service and for the defence and security of this Dominion. 1720. Signed, by the Council (10) and Assembly (42). 1 large p. [C.O. 5, 1319. Nos. 10, 10. i.]
March 22.
Whitehall.
418. Mr. Popple to Mr. West. Encloses, for his opinion in point of law, Acts of Virginia (i) For erecting the Counties of Spotsylvania and Brunswick, and granting certain exemptions and benefits to the inhabitants thereof. (ii) For the better discovery and securing of H.M. quitrents. (iii) Explaining what shall be accounted a sufficient seating of lands, and for the better recovery of lands lapsed from persons living out of the country etc. [C.O. 5, 1365. p. 225.]
March 23.419. Mr. Whitworth to Mr. Chetwynd. Encloses following and complains of Mr. Cox's infringements upon his Offices of Secretary of Barbados, Secretary to the Governor, Secretary to the Governor and Council or Council in absence of Governor, granted to him by letters patent, 11th March, 1719. "Mr. Cox demands all the profits and lays the whole charge and trouble on my office. I pray you will be so good to move their Lordships to interpose" etc. Signed, Fra. Whitworth. Endorsed, Recd. (from Mr. Chetwynd by Mr. Ashe). Read 28th March, 1721. 3½ pp. Enclosed,
419. i. Extracts of letters from John Lenoir, Depty. Secretary of Barbados, to Fra. Whitworth. 15th and 24th Jan. 1721. (a) The Council being adjourned to the 8th instant, came in a sloop from London with several determinations of the Lords Justices in favour of the complainants against Mr. Lowther, which orders were all read in Council and copies ordered to be published in all the parish churches, and the next step was suspending Mr. Frere (who he admitted to be sworn of H.M. Council at his first sitting) contrary to the opinion of all the Council, and contrary to the Act for preserving the peace and tranquillity of this Island, and in less than a month all the officers of the Militia were displaced except Coll. Yeamans. The Assembly are not yet dissolved but interest is making by the Court parties for votes, and its thought they are only continued till an affair of Coll. Peers's now before the Committee of publick accounts is determined, because were they dissolved there could not be a Committee etc. (b) The 17th the Council sat, and the President suspended six Councillors (v. 25th March.) Continues: It is remarkable that altho' Mr. Colliton, and Mr. Lightfoot were both of the same opinion with the Gentlemen suspended that Mr. Frere should take upon him the administration of this Government in Mr. Lowther's absence, and Mr. Colliton on 5th Aug. was fully of opinion that he could not then resign it to Mr. Cox yet they are both continued in their places at the Board. I was turned out of the Masters in Chancery's place the 18th inst. only because the President did not think fit to let me remain in it, and without any fault laid to my charge. The President employs one Mr. Palmer as his private Secretary, and 14th Jan. himself told me that he should insist upon having the fees for the Great Seal, and for his Seal at armes, as allso for all deeds and powers of Attorneys proved before him, and for all Registers. I have cautioned Mr. Palmer not to receive any fees as private Secretary for that the President has no right to give away any fees that I know of etc. he said if any gentleman gave him money he should not refuse it, by this I suppose he means what may be given to him for the Commissions for the Militia they having been deliver'd by him (as I am told) tho' the trouble and charge of writing them has lain upon us, having been expressly commanded to prepare them by the President etc. 3½ pp. [C.O. 28, 17. ff. 63, 64v., 65v.]
March 25.420. Office expenses of the Board of Trade, Dec. 25th, 1720—March 25, 1721. v. Journal of Council. [C.O. 388, 77. Nos. 100–102.]
[March 25]421. Merchants and planters concerned in Barbados to the Council of Trade and Plantations. Pray to be heard on behalf of the 7 suspended Councillors of Barbados, and to have a copy of Mr. Cox's reasons etc. Signed, Joseph Eyles, John Royle, E. Newport, Edward Byam, C. Lascelles, Jno. Cotton. Endorsed, Recd. Read 25th March, 1721. 1 p. [C.O. 28, 17. ff. 45, 46v.]
March 25.
Whitehall.
422. Lord Carteret to the Council of Trade and Plantations. The inclos'd petitions having been presented to the King etc., you are to report your opinion what H.M. may most fitly do thereupon. Signed, Carteret. Endorsed, Recd. 27th, Read 28th March, 1721. ½ p. Enclosed,
422. i. Petition of Thos. Maxwell, Thos. Maycock, Guy Ball, John Lucy Blackman, William Carter, Francis Bond, and John Colleton, members of Council in Barbados, to the King. The Honble Saml. Cox, President of the Councill, hath conceived a displeasure against petitioners and intends to suspend them etc. He has already suspended John Frere, contrary to the advice and without the consent of the Board, and hath turn'd out eight of the nine Collonels of the Regiments in this Island without the advice of ye Councill, and hath refused contrary to ye advice of ye Councill (wch. he thought fit to demand) to issue the Commissions necessary for holding the Court of Grand Sessions (which ought to have been held on the second Tuesday of this instant December) whereby great numbers of prisoners, and some of them accused of capitall crimes, remain untryed; and the said President threatens to turn out all the judges of the several Courts of Justice and to make a generall change of all the offices civill and military etc. The said proceedings tend to the great disturbance of the peace and tranquility of this Collony. Pray H.M. to direct that they be not suspended till H.M. pleasure be known etc. Signed by above. Dec. 30th, 1720. 1 p.
422. ii. Petition of Thomas Maxwell, Thomas Maycock, Guy Ball, John Lucie Blackman, William Carter, and Francis Bond to the King. As apprehended in preceding, the President on the 17th inst. suspended petitioners from the Council upon several pretences, and has already made many changes of the officers civil and military etc. These changes have notoriously been in favour of certain persons ever justly suspected of disaffection to your Majtyes person and Government and to ye succession of your Royal house and who sufficiently discovered that disaffection during the short presidentshipp of Mr. Sharpe in the late reign etc. We cannot express the discontents occasioned by those changes. Pray for H.M. orders etc. Signed as above. Jan. 20th, 1720 (1). 1 p. [C.O. 28, 17. ff. 51–52v., 53–55, 56v.]
March 25.
Whitehall.
423. Lord Carteret to the Council of Trade and Plantations. Encloses following for their opinion etc. Signed, Carteret. Endorsed, Recd. 25th, Read 28th March, 1721. 1 p. Enclosed,
423. i. Merchants trading to Barbados to Lord Irwin, Governor of Barbados. March 23, 1720 (1). Request him to present following to the King. Signed, Michajah Perry, Rob. Heysham and 20 others. 1 p.
423. ii. Address of the Assembly of Barbados to the King. Congratulate H.M.'s safe and honourable return to Great Britain etc. Continue: From a Government of the greatest tranquillity and satisfaction to the subjects (except to a restless few whose greatest ambition is change) we are become the most uneasy, and, (without the Royall interposition) the most unhappy of your Majties. subjects etc. The causes of our misfortunes may be all reduced to one, the changes made, and threaten'd to be made by our President, Samuell Cox, whose attachment to a few threatens our ruine—a few, who in all the Governments since the late happy Revolution were and still are reputed a seditious restless party, and as such were censured in the respective Governments (except that of Sir Bevill Granville, and the late short Presidentship of Mr. Sharp) as enemy's to our happy Constitution, and disturbers of the peace and tranquillity of our country. Planters fear the peace and happiness they have enjoyed is at an end when they see persons who lately were of no other distinction among us than that of the French traders, now put into offices and places of trust, those of the best fortunes and remarkably distinguisht for their zeal to the Hanover succession and Protestant interest displaced; and a gentleman of the best fortune and unspotted reputation suspended the Councill etc. as preceding. Passed the Assembly nem. con. 5th Jan., 1720(1). Signed, Robt. Warren. Clerk of the Assembly. 2 pp. [C.O. 28, 17. ff. 57, 58, 59, 59v., 62v.]
March 25.
Whitehall.
424. Mr. Popple to Mr. Carkesse. Presses for reply to March 14th. [C.O. 29, 14. pp. 98, 99.]
March 25.
London.
425. M. de Hiriberry to Lord Carteret. In pursuance of the Order of Council, Capt. Smart has disposed of the two ships and their cargoes etc. (v. No. ii.) Petitions for compensation from the Crown etc. Signed, Joannis de Hiriberry. French. 1 p. Enclosed,
425. i. Deposition by Joseph Hiller, Notary Public, Boston, 21st June, 1720. Capt. Smart informed me that he had already disposed of the two vessels and their cargoes in pursuance of an Order by the King in Council, which was of a nature quite contrary to that of the Lords Justices and of an earlier date etc. Signed, Jos. Hiller. French. 2 pp.
425. ii. Order of King in Council. St. James's. May 9th, 1719. The two vessels and their cargoes taken by Capt. Smart, H.M.S. Squirrel, and condemned in the Court of Admiralty, New England, are to be restored to Capt. Smart, who is to dispose of them and divide the proceeds amongst his officers and crew etc. v. C.S.P. 1719. Signed, Robert Hales. Copy in French. 2½ pp. [C.O. 5, 752. Nos. 14, 15, 16.]
March 27.
Bermuda.
426. Lt. Governor Bennett to Mr. Popple. Encloses duplicate of letter of 31st Oct. Continues:—By several accounts lately from Barbados and Leeward Islands I am advised, that the pirates begin to be troublesome again haveing taken several English and French vessels etc. Signed, B. Bennett. Endorsed, Recd. 30th April, 1721. Read 13th June, 1722. Holograph. 1 p. [C.O. 37, 10. No. 26.]
March 27.427. R. Lowther to the Council of Trade and Plantations. Answers to several reasons against an Act of Barbados, 1720, for the better regulating the proceedings of H.M. Courts of Common Pleas, sent to him by Mr. Popple. Signed, Rob. Lowther. Endorsed, Recd. 28th March, Read 18th May, 1721. 3½ pp. [C.O. 28, 17. ff. 109–110v., 111v.]
March 27.428. Duplicate of preceding, with note endorsed; Ld. C. J. King yet thinks the reason against the Act of much more weight than those for, and to the most materiall objection (which he allows to be a very matteriall one) viz. the strikeing the jurys by the Marshall, he thinks, 'twould be convenientt to putt the Marshall in place of a Sheriffe, and to act in that matter as ours do, and which will not make so greatt an alteration in the Genll. Common Law. [C.O. 28, 17. ff. 112–116, 117v.]
March 28.
Whitehall.
429. Lord Carteret to the Council of Trade and Plantations. Encloses following, for their report upon the case of the Calabar Merchant (v. 22nd March.) Signed, Carteret. Endorsed, Recd. Read 28th March, 1721. 1 p. Enclosed,
429. i. Extract of letter from Lt. Governor Spotswood to Mr. Secretary Craggs, 20th May, 1720. ½ p. [C.O. 5, 1319. Nos. 8, 8. i.]
[Mar. 28.]430. Deposition of Thomas Kennedy, Master of the Calabar Merchant. Bristol. 14th Nov. 1720. To same effect as March 22. encl. i. Signed, Tho. Kenniday. Endorsed, Recd., Read 28th March, 1721. 1 p. [C.O. 5, 1319. No. 6.]
[Mar. 28.]431. Deposition of Alexander Bradford, Chief Mate of the Calabar Merchant. 24th March, 1720(1) Confirms preceding. Signed, Alexr. Bradford. Same endorsement. 1¼ pp. [C.O. 5, 1319. No. 7.]
March 29.
Custom ho., London.
432. Mr. Carkesse to Mr. Popple. Reply to 14th and 25th March. Encloses following. The Commissioners of Customs have no objection to the Act of Barbados granting liberty to the inhabitants to load or unload at any bay, creek or harbour, etc., if a proviso be added for masters of sloops so loading or unloading to give bond as proposed in following. Signed, Cha. Carkesse. Endorsed, Recd. 30th March, Read 18th May, 1721. Addressed. 1 p. Enclosed,
432. i. Mr. Lascelles, Collector of Customs, Barbados, to H.M. Commissioners of Customs. 28th March, 1721. Report upon Act of Barbados referred to him. v. preceding. Signed, Henry Lascelles. Copy. 1¼ pp. [C.O. 28, 17. ff. 100, 101, 101v., 103v.].
March 29.
Whitehall.
433. Lord Carteret to the Council of Trade and Plantations. Encloses following for their report. Signed, Carteret. Mem. (in red ink). This is answer'd by ye 57th article of ye Instructions to ye Lord Belhaven. Endorsed, Recd. Read 31st March, 1721. 1 p. Enclosed,
433. i. Memorial of Francis Whitworth to Lord Carteret. Complains of Mr. Cox's infringements upon his office, (v. 23rd March), and prays for interposition etc. 29th March, 1721. Signed, Fras. Whitworth. 3 pp. [C.O. 28, 17. ff. 71, 72–63, 74v.]
March 30.
Southwark.
434. Sir Charles Cox to the Council of Trade and Plantations. The Assembly of Barbadoes took upon them to passe an Addresse in a very unjustifiable manner, and contrary to their duty and H.M. expresse Instructions denied a copy of it to my Brother the President, with some very extraordinary circumstances. Asks for a copy of it etc. Signed, Charles Cox. Endorsed, Recd. Read 30th March, 1721. Addressed. ½ p. [C.O. 28, 17. ff. 67, 68v.]
March 30.
Whitehall.
435. Council of Trade and Plantations to Lord Carteret. In reply to 25th March, enclose following, "which we desire your Lordship will please to lay before H.M. as soon as conveniently may be for his pleasure thereupon." Annexed,
435. i. Council of Trade and Plantations to the King. Representation upon complaints against Mr. Cox, President of Council of Barbados. It very evidently appears to us, not only from the complaints of the petitioners but even from a letter which we have lately receiv'd from Mr. Cox himself, and from the Minutes of Council therewith transmitted containing the reasons of his proceedings, etc., that Mr. Cox hath suspended Thos. Maxwell, Thos. Maycock, Guy Ball, Jno. Lucy Blackman, Wm. Carter, and Francis Bond, Esqrs. directly contrary to your Majesty's Instructions and in breach of a law pass'd in Barbados in 1720, for the better preserving the peace and tranquillity of this Island, which law we have not hitherto laid before your Majesty either for your Royal approbation or disallowance because altho' we do entirely approve the subject matter of it, we are yet doubtfull whether the intention thereof might not be more properly provided for by an Instruction from your Majesty etc. We have received great complaints from many other persons of the said Mr. Cox's behaviour which we believe has given great uneasiness to your Majesty's good subjects and put that Island into the utmost confusion. Wherefore we are humbly of opinion that the said Mr. Cox should be forthwith removed from his office of President and Councillor and that your Majesty may be graciously pleas'd to grant your Orders in Council for restoring the said six Councillors to their places, and that the eldest Councillor so restor'd do take upon him the administration of the Govt. there in the stead of the said Mr. Cox, untill the arrival of the Lord Irwin or the further signification of your Majesty's pleasure etc. It doth not appear to us that Jno. Frere Esq. was legally suspended by Mr. Cox, but forasmuch as the said Jno. Frere doth at present lye under your Majesty's displeasure and is commanded by the late Lords Justices's Order in Council, 12th Oct., last, to come to England to answer certain matters therein objected to him, we shall not take upon us to offer anything to your Majesty concerning him. Your Majesty will best judge what further proceedings should be had against Mr. Cox for his behaviour, which we conceive to have been both arbitrary and illegal. Annex copies of Instruction and Act of Assembly. [C.O. 29, 14. pp. 100–105.]
March 30.
St. James's
436. Order of King in Council. Appointing Anthony Swymmer to the Council of Jamaica. Signed, Robert Hales. Endorsed, Recd. 2nd, Read 8th June, 1721. ¾ p. [C.O. 138, 16. No. 50.]
March 30.
St. James's.
437. Order of King in Council. Appointing Archibald Mack-Phedris, Nicholas Gillman, and Peter Ware to the Council of New Hampshire (cf. 13th March). Signed, Robert Hales. Endorsed, Recd. 2nd, Read 8th June, 1721. ¾ p. [C.O. 5, 868. ff. 45, 46v.]
March 31.438. Petition of Henry New Hampshire, to the Council of Trade and Plantations. In obedience to H.M. commands the Government of New Hampshire have discontinued the impost of a pound of gunpowder pr. ton upon all ships trading thither, towards supplying Fort William and Mary. One year with another they only gained about 1½ barrels pr. ann. more than their expence. The Province is the frontier against the French and Indians and Fort William and Mary the key to it by sea, and absolutely necessary for securing in the River Piscataqua H.M. Naval Stores etc. The Province being small and very much impoverished by the late warrs is not in a condition to supply the stores necessary for defending a Fort mounted with 40 pieces of ordance. It will soon be liable to the insults of every common pirate etc. Pray that H.M. may sent a supply of ammunition stores or permit the Government to recieve the Powder Act, etc. Endorsed, Recd. 31st March, Read 3rd May, 1721. 2pp. [C.O. 5, 868. ff. 43, 43v, 44v.]
March 31.439. Mr. Gordon to the Council of Trade and Plantations. Presses for report upon his memorial, delivered 5 months ago, against two Acts of Barbados, concerning vestries, and depriving him of his benefice. Signed, W. Gordon. Endorsed, Recd. Read 4th April, 1721. 1p. [C.O. 28, 17. ff. 75, 76v.]
March 31.
Whitehall.
440. Mr. Popple to Charles Standhope. Reply to 22nd. My Lords Commrs. have no objection to the owners of the Calabar Merchant being relieved as desired by them, provided they give sufficient security to answer any legal claim which may hereafter be made to the said negroes by persons who shall make it appear they were robbed of them by the said pirates. [C.O. 5, 1365. pp. 227, 228.]