America and West Indies
August 1721, 16-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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388-402

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'America and West Indies: August 1721, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 32: 1720-1721 (1933), pp. 388-402. URL: http://british-history.ac.uk/report.aspx?compid=74122 Date accessed: 02 September 2014.


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August 1721, 16-31

Aug. 16.613. Governor Hart to Mr. Popple. I have arranged with Col. Smith in relation to supplying the vacancies in the Council of Nevis, etc. Recommends as per enclosure. Signed, Jo. Hart. Endorsed, Recd. 16th, Read 25th Augt., 1721. 1 p. Enclosed,
613. i. Col. Smith to Governor Hart. Battersea, Aug. 8th, 1721. Encloses following etc. Signed, Dan. Smith. Enclosed,
613. ii. Councillors for Nevis, proposed by Col. Smith:—James Symonds, Jos. Symonds, Roger Pemberton, Mich. Williams, James Browne. Small slip. [C.O. 152, 14. ff. 17, 18, 19, 20v.]
Aug. 16.
Annapolis Royall.
614. Governor Philipps to the Council of Trade and Plantations. Acknowledges letter of 23rd Sept. last, and duplicate of 21st July, 1720, with thanks for their replies to every particular matter mentioned in his letters up to that date. Continues:—The affaires of this Province continue without alteration, all sides waiteing the result of the Councills of Great Brittaine. In the meantime I have information from Boston that the Governor has lately received a very insolent letter from the Indians of that quarter assembled with their priest to celebrate some festival, upon which it has been thought adviseable to arm. If a rupture ensues, we shall not long be quiet here, it being said, some of our Chiefs are gone thither, but it may be no more then a drunken inspiration, and when they hear of troops marching, end in a peccavi, etc. The vessell which has been building at Boston for the survey and other service of the Province (then which nothing was more wanted and the obtaining thereof cheifly oweing to your Lordshipps) arriv'd here but three dayes since, and two months later than I hop'd for, so that little progress ('tis fear'd) can be made this season in the survey of the coast, however your Lordshipps cannot be at a loss in forming measures for the security of this countrey against next spring from the representations already made, and which lye before you. And as Cansoe is the first place proposed to be fortifyed, I am now bound thither with the Engineer to prepare a plann thereof to be transmitted in the fall. It is possible we may have time also to survey the harbour of Lehave and Chibucto, but I shall be under the necessity of hireing a vessell to bring the remainder of three companys from Placentia to this garrison with all their provissions, which requires a much larger hold than this small Province sloop is furnish'd with: and were she capable to performe that service (as she is not). It is my humble opinion that the loss of time is of more consequence in the settling of this country, than the expence thirty pounds sterling and in this respect I pray your Lordshipps to be judges of the difficultys I labour under beyond any other of H.M. Governors inasmuch as no contingencys being allowed nor tax or dutys any ways ariseing to defray the necessary charges; it lyes wholly upon me to supply the meanes; at the same time have only the justice of the Goverment to trust to in passing my accounts. I hope your Lordshipps will be so good to procure a remedy for this evil, it being impossible for me to beare the weight. The Kings presents for the Indians are arrived by this oppertunity; having layn all the winter at Boston, and it being my intention to assemble their Chiefs and deliver them in a formall manner, under obligations for their peaceable and friendly behaviour to H.M. subjects; I must deferr it till my returne, by which time their temper will be better knowne, and by the issue of their meeting beforementioned may judge if they deserve the favour etc. I shall transmitt from Cansoe the account of this yeares fishery, which I am inform'd is abundantly great, and will I hope contribute much towards the settlement of this Province. Signed, R. Philipps. Endorsed, Recd. 6th, Read 7th Nov., 1721. 4 pp. [C.O. 217, 4. ff. 42–43v.; and (abstract, with marginal notes for reply), 217, 30. p. 14.]
Aug. 17.
Whitehall.
615. Council of Trade and Plantations to Lord Carteret. Enclose draught of Instructions relating to the Acts for Trade and Navigation for Governor Phenney, in the usual form. [C.O. 24, 1. p. 66.]
Aug. 17.
Whitehall.
616. Council of Trade and Plantations to the King. Representation upon Acts of Barbados, 1714–1720. These are laid before H.M. in three classes (a) Those that are expired or temporary and require nothing further to be done upon them. (b) Acts recommended for H.M. approval. Two private acts for docking entail of estates relating to Jesurum and John Jones, and Elisha Goulding, respectively, are reported as wanting the general saving clauses required by H.M. Instructions. "But as several private Acts have formerly been allowed without the like clauses, and as we have hitherto receiv'd no complaint concerning these," submit them for confirmation, "but we hope that more caution will be had for the future in the passing Acts of this nature conformable to your Majesty's usual Instructions in this particular and to such further restrictions as we have taken the liberty to propose" in Lord Belhaven's Instructions etc. (c) 33 "Acts concerning the usefulness and effect whereof we are hitherto doubtful, and therefore humbly propose that they may lye by probationary till further experience thereof shall incline your Majesty to confirm or repeal them." (d) Acts offered for H.M. disallowance. (e) An Act for depriving William Gordon, Clerk, of his benefice, and disabling him from enjoying any ecclesiastical living etc. in this Island, etc. Which act sets forth that the said Gordon, Rector of St. Michael, then did and for several years past had led a very loose vagrant and wicked life, and is a person very much given to lying and slandering, a common incendiary and disturber of the public peace, etc., with several other allegations therein enumerated: But as those assertions do not appear to us to have gone through the ordinary methods of proof, the said Act being pass'd during Mr. Gordon's absence from Barbados, whereby he was deprived of all opportunities of making his defence there; and the substance of the said allegations having been reported by a Committee of your Majesty's Most honble. Privy Council to be altogether groundless, which order was confirm'd by order of the Lords Justices, 5th Oct., 1720, we humbly offer that your Majesty may be pleas'd to repeal the same. (2) Act for the better regulating the power of vestries etc. Altho' this Act by its title and preamble seems to be general yet upon enquiry we find Mr. Gordon is the only person affected thereby, and that the same would deprive him of an annual income which he has legally injoyed for many years past; by the free will of his parishioners, without complaint from any of them that they have been overburthened thereby, for which reason we humbly propose this Act to be repealed. [C.O. 29, 14. pp. 222–243.]
Aug. 17.
Whitehall.
617. Mr. Popple to Mr. Carkesse. Encloses copies of Act of Antigua to impose a duty on sugar, molosses, rum, cotton and ginger of the produce or manufacture of the French King's Colonies imported into this Island, and of Governor Hamilton's letter, 30th June, and papers relating thereto, to be laid before the Commissioners of Customs. In consideration that Col. Hart is upon his departure, and that it will be necessary H.M. pleasure be declared upon the said Act before he go, desires speedy reply etc. [C.O. 153, 14. pp. 11, 12.]
Aug. 18.
Whitehall.
618. Same to Governor Shute. Encloses copy of Mr. Newman's Memorial, 27th July, and enquires reason for suspending Act [of New Hampshire] about powder money, 1702, "which was confirmed by Her late Majesty in Council 19th Nov., 1706, and is looked upon to be in force." P.S.—Encloses duplicates of March 17 and 18 and acknowledges letter etc. of 1st June, "which the Lords Commrs. have under consideration." [C.O. 5, 915. p. 328.]
Aug. 18.619. Address of the Commons House of Assembly of South Carolina to the King. Our true and grateful sense of your Royal goodness in taking this Colony under your own immediate protection, and Government, is not to be sufficiently exprest, and this your Majesties necessary care and tenderness for your subjects at so remote a distance from your Royal Person with other innumerable obligations, will naturally bind them and their posterity to be for ever most firmly and affectionately attach'd to your Majesty and your successors. The mild and wise administration of H. E. Francis Nicholson Esqr. etc. is a very sufficient proof to us of your Majesties great wisdom and care for your remote subjects, and we are fully convinced how much your Majesty has at heart the interest of our established Church, the liberty of conscience allow'd to such as are soe unhappy as to dissent from it, and the general good of the whole community etc. Ends as No. 760. Signed, Ja. Moore Speaker. Presented in Council Aug. 18, 1721. Endorsed, Inserted in ye Gazette of Jan. 27th, 172½. 1 large p. [C.O. 5, 382. No. 25.]
Aug. 21.
Whitehall.
620. Lord Townshend to the Council of Trade and Plantations. His Majesty has commanded me to signify to you his pleasure, that you lay before him a representation of the state and condition of H.M. Colonys on the Continent in America, with your opinion what methods may be taken for the better Government and security of the said Colonies; your Lordships having received the like direction last year from the Lords Justices, H.M. does not doubt but you have made such a progress in this affair, that you will very soon be ready to make your report thereupon; I have likewise received H.M. orders to signify to you his pleasure that you lay before him, in a Representation, your thoughts as to the most proper methods for encouraging the importation of timber, naval stores and mineral oars from H.M. Plantations in America; and H.M. hopes you will lose no time in preparing and laying before him the said Representations. Signed, Townshend. Endorsed, Recd. 21st, Read 22nd Aug., 1721. 1½ pp. [C.O. 323, 8. No. 20.]
Aug. 23.
Barbados.
621. Samuel Cox to the Council of Trade and Plantations. Transmits Minutes of Council, 25th Jan.–6th April, 1720 (1721), in which your Lordships will see the reasons I had for displaceing the Judges of H.M. Courts of Common Pleas. But through the neglect or design of Mr. Lenoir the Depty. Secry. here, I could not transmitt them sooner etc. Refers to enclosure i. I have lately reced. two Orders of H.M. Council, 28th May (for restoring suspended Councillors and civil and military officers); to both which I have paid a ready and chearfull obedience. I am sorry to be forced to acquaint your Lordships that the restored Members of Council have ever since they were restored, don all in their power not only to insult and chagreen me, but have also endeavour'd to obstruct the very administration by quarrelling with the Assembly; and endeavouring to destroy the Excise Duty, which is the only tax whereby the Governmt. is supported. About a month ago upon some private notice given me, that there were some French traders on the coast, I issued an order to Capt. Brown, Commander of H.M.S. Feversham, to impress boats to assist him, to goe and seize them, which he accordingly did and brought in ten saile of sloops and shallops into this road, and after they had been here in custody some days, and lybell'd in the Court of Admiralty six of those sloops were by the restor'd gunners [of the forts. Ed.] permitted to steal out of the road in the night, the rest are secur'd, and will be condemn'd, and disposed of as the Acts of Parliament directs, and I intend to make a strict enquiry, how farr ye gunners etc. are concern'd in those sloops, that gott away. Encloses lists of ships entered and cleared, 25th Sept. 1720–25th June, 1721. Refers to enclosed address by some pirates. Signed, Saml. Cox. Endorsed, Recd. 16th, Read 17th Oct., 1721. Addressed. 2 pp. Enclosed,
621. i. Deposition of William Crookshanks, formerly clerk in the Secretary's Office, Barbados, 13th May, 1721. As to delay made by John Lenoir, Deputy Secretary, in delivering copies of minutes of Council from 24th Jan. to be sent to England etc. Signed, Wm. Crookshanks. 1¼ pp.
621. ii. Deposition of Herman von Lengerken, formerly Clerk in the Secretary's Office, 13th May, 1721. Confirms preceding. Signed, Herman von Lengerken. 1 p.
621. iii. Deposition of Edward Freeman, Clerk in the Secretary's Office, 13th May, 1721. Corroborates No. i. Signed, Edward Freeman. 1 p.
621. iv. Deposition of Richard Trant, Clerk in the Secretary's Office, 13th May, 1721. Signed, Richd. Trant. 1¼ pp. Nos. i–iv endorsed as covering letter.
621. v. Petition of John Massey and George Lowther to the King. Having run away with the ship Delivery alias Bumper belonging to the African Co., from Gambia, owing to the intolerable conditions there, petitioners pray for H.M. pardon for themselves and 100 others artificers and soldiers who escaped with them etc. Signed, Jno. Massey, George Lowther. Same endorsement. 3 large pp. [C.O. 28, 17. ff. 187, 187v., 188v.–190, 191, 192, 192v., 196v., 197, 198, 199, 199v.]
Aug. 23.
Whitehall.
622. Council of Trade and Plantations to Governor Shute. Repeat postscript of Aug. 18th. Continue:—We cannot but be surprized at the extraordinary proceedings of the lower House of the late Assembly [of the Massachusetts Bay] in assuming to themselves an executive power, and shewing so great a disregard to H.M. Instructions; And as we shall soon lay these proceedings before H.M., we shall not omit at the same time to represent your care of His Majesty's and the publick interest, and the assistance you had from the Council therein. In relation to the Indians in your neighbourhood, we are glad to hear of your success in bringing them to good temper, and doubt not but your continued endeavours will be effectual in keeping them so. We shall only add that so soon as H.M. pleasure shall be declared upon what we represent concerning the state of the said Province, the same shall be signifyed to you by the first opportunity. [C.O. 5, 915. pp. 329, 330.]
Aug. 23.
Custom-house, London.
623. Mr. Carkesse to Mr. Popple. Reply to Aug. 17th. Encloses following. Continues: The duties laid on the goods mention'd in the said Act of Antigua will in the opinion of the Commissioners of Customs amount to a prohibition, in which case it is reasonable to apprehend that the merchts. will carry those goods, as by law they may, directly to foreign parts without landing the same in the British Plantations and bringing them from thence to this Kingdom. And the Commrs. observe that this Act is perpetual whereas it has been usual in cases of this nature to make them temporary for 3 or 5 years that it may be seen by experience whether the same are for the benefit of Trade or the Revenue etc. Signed, Cha. Carkesse. Endorsed, Recd. 23rd Aug. 1721, Read 25th April, 1722. Addressed. 1 p. Enclosed,
623. i. Charles Dunbar to the Commissioners of Customs, 30th June, 1721. Replies to answer of the Lt. Governor and Council of Antigua to his objections to the Act for laying a duty on French sugar etc. Copy. 7¾ pp. [C.O. 152, 14. ff. 104–108v., 109v.]
Aug. 23.
Whitehall.
624. Lord Carteret to the Council of Trade and Plantations. H.M. having been pleased to appoint John Hope Esq. to be Governor of Bermuda, in the room of Benjamin Bennet Esqr., draughts of his Commission and Instructions are to be prepared etc. Signed, Carteret. Endorsed, Recd. 24th, Read 25th Aug. 1721. ¾ p. [C.O. 37, 10. No. 19.]
Aug. 24.
Kensington.
625. H.M. Commission to George Doidge to be Commissary of the Musters of the Garrison at Placentia. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 63.]
Aug. 24.
St. James's.
626. Order of King in Council. Repealing 2 Acts of Antigua, 1719, (i) for declaring the qualifications of those who shall vote for Assembly or Vestrymen or serve as such, and for ascertaining the rules, rights and priviledges of Assembly. (ii)for establishing a Court of King's Bench, Common Pleas and Errors, etc. Signed, Robert Hales. Endorsed, Recd. 18th, Read 24th April, 1722. 2 pp. [C.O. 152, 14. ff. 100, 100v., 101v.]
Aug. 24.
Kensington.
627. Order of King in Council. Repealing Act of Jamaica to prevent all fraudulent trade to Hispaniola and other foreign parts. Signed, Edward Southwell. Endorsed, Recd. 23rd, Read 24th April, 1722. 2 pp. [C.O. 137, 14. ff. 127, 127v, 128v.]
Aug. 24.
Kensington.
628. Order of King in Council. Approving representation of 9th instant, and ordering that the indigo and other goods seized by the Governor of Jamaica, or the value thereof, be immediately restored to the owners etc. Signed and endorsed as preceding. 1½ pp. [C.O. 137, 14. ff. 129, 129v., 130v.]
Aug. 24.
Kensington.
629. Order of King in Council. Approving draught of Instructions for Governor Phenney relating to Acts of Trade and Navigation. Signed, Edward Southwell. Endorsed, Recd. 23rd, Read 24th April, 1722. 1 p. [C.O. 23, 1. No. 39; and (duplicate, signed, Temple Stanyan) 5, 191. p. 122a.]
Aug. 24.
Kensington.
630. Order of King in Council. Approving draft of Instructions for Governor Lord Belhaven (v. 9th Aug.) "excepting in the 2nd Article relating to the lists of Councillors, as to which H.M. is pleased to order, that Samuel Cox Esqr. now President of the Councill be inserted therein, he not being under any suspension, nor having yett been heard as to the late complaint against him; and that John Frere Esq. be left out of the said list, he being under a suspension, and the Lord Belhaven being impowered by an Order of Council of the 10th instant to restore him in case he judges it expedient etc. And H.M. is further pleased to order that the name of Samuel Berwick Esq. who is under a suspention, be left out of the said list, as likewise that of Samuel Brown Esq." etc. Signed, Edward Southwell. Endorsed, Recd. 23rd, Read 24th April, 1722. 2½ pp. [C.O. 28, 17. ff. 258–259v.]
Aug. 24.
Kensington.
631. Order of King in Council. Referring Representation of 17th Aug. upon Acts of Barbados 1714–1720, to the Lords of the Committee of H.M. Privy Councill for their opinion thereupon. Signed and endorsed as preceding. 1 p. [C.O. 28, 17. ff. 260, 261v.]
Aug. 25.
Whitehall.
632. Council of Trade and Plantations to Lord Carteret. Enclose following Instructions, "in the usual form with some alterations, conformable as near as may be, to the draught of Instructions for the Lord Belhaven, Governor of Barbados etc. (v. Sept. 8th). And whereas there are at present five vacancies in H.M. Council of Nevis and two in Montserrat, we have inserted the names of James Symonds, Joseph Symonds, Roger Pemberton, Michael Williams and James Brown for Nevis, and those of Anthony Hodges, and Nathaniel Webb for Montserrat" etc. Annexed,
632. i. H.M. Instructions for John Hart Esq., Captain General and Governor in Cheif in and over Our Islands of Nevis, St. Christophers, Montserrat, Antegoa, Barbouda, Anguilla and the rest of Our Carribbee Islands in America lying to Leeward from Guardaloupe to the Island of St. John de Porto Rico [v. 8th Sept.]. [C.O. 153, 14. pp. 15–75.]
Aug. 28.
Antigua.
633. Governor Hamilton to the Council of Trade and Plantations. Encloses Acts of Montserrat (13th June, 1721) (i) repealing Act granting excise duties to Thomas Talmash etc., and (ii) for raising a levy or poll tax etc. to pay off the publick debts; and an Act of Antigua, 29th July, 1721, for reinforcing the Act for repairing the fortifications on Monks Hill etc. I have not any observations to make on these Acts, only that the Act which settles the liquor duty on Lt. Governour Talmash hath been found prejudicial to the interest of that Island, for that tax was always paid in cash, and appropriated to pay contingencies, whereas since the passing the aforesaid Act to Lt. Governour Talmash during the time that Lt. General Mathew commanded in chief, it has been wholy applyed to the use of the said Lt. Governour, by means whereof, and by reason the other taxes are paid in the produce of the Island, the want of ready money in the Treasury has been very much felt etc. Your Lordships will perceive the difference of the dates in the Montserrat Acts occasioned by delays that happen in transmitting them backwards and forwards etc. Edward Parson one of the Council of Mountserrat is dead, etc. Refers to enclosure. Signed, W. Hamilton. Endorsed, Recd. 30th Oct., 1721, Read 13th June, 1722. 2 pp. Enclosed,
633. i. Duplicate of Aug. 31st, No. iii. [C.O. 152, 14. ff. 116, 116v., 117v., 118, 119v.]
Aug. 28.
Jamaica.
634. Governor Sir N. Lawes to the Council of Trade and Plantations. Encloses duplicate of 5th July. Continues: Since which time I have given my consent to four Acts etc. vizt.:—(1) To encourage the settleing the North East part of this Island. This is the Act which I mentioned in my former letters I had so much at heart and which if framed in the manner I proposed woud have conduced very much to the advantage strength and security of this country but in the manner it now is I am afraid it will not answer the end proposed which was to invest the whole tract without any exception in the Crown and to be granted to newcomers in the same quantities for each white person in family and negroes and under the same conditions and restriction as it now is which if they had thought fit to have vested the whole tract without exception in the Crown the grants might have immediately passed without so long a delay of time as a general survey of that land must now take before any grant can be made besides the great charge the country will be at in such survey and the vast expense in purchaseing the severall parcells of land mention'd in this bill which will lay such a load of debt upon the country that future Assemblys in all likelyhood will think to hard for the inhabitants to bear for tho' the severall parcells of land mentiond to be purchased in this bill were before the passing it of no great value yet now the Proprietors thereof (as I am informed) demands large sums for the same and as time is given in this bill for the paying arrearages of quit rents so I have reason to beleive most of the owners or Proprietors of such land have allready or will within the time limitted discharge all their arrearages of quit rents so that excepting the severall parcells mentiond to be purchased by the country little more land will be in the power of the Crown to dispose of to newcomers than what the King might have claimed by other laws now in force. However this bill carrying so plausible a title and the Council and Assembly being fond of it induced me to give my consent to it but my duty oblidges me to mention to your Lordships the objections I made to it tho' I could not prevail with them to comply with my desire. (ii) An Act for qualifying members to sit in Assemblys and to regulate elections. This Act in all respects I think a good law and I have no manner of objections to it and therefore I recommend it to your Lordships speedy consideration in order to be laid before H.M. for his royall assent. (iii) An Act for vesting certain lands in the parish of St. Thomas in the Vale in trustees for the use of George Reid Esq. and his heirs and (iv) An Act to enable certain trustees to sell the estates and interest of William Bowles and Charles Bowles his son an infant for the discharge and payment of debts and purchaseing lands in the Kingdom of Great Brittain to certain uses. These two last mention'd being primate (=private. Ed.) bills and petitions haveing been presented to the Council and Assembly and the allegations thereof being by them found to be true and that the partys concerned were only properly releiveable in this manner and no objection appearing to me anyways detrimentall to H.M. Prerogative I gave my consent to them, the severall partys concerned will attend you Lordships etc. Those are all the Acts that I have past this Sessions which I consented to on the 22nd of last month and afterwards I told the Assembly they might either sit and go on with further business or have a recess as they pleased and on the 26th they sent me a message desireing a recess which I granted by prorogueing them to the 31st and afterwards with the advice of the Council to the 17th day of Oct. next, the Additional Duty Bill out of which the soldiers are subsisted expireing the 1st of November there will be a necessity for their meeting at that time. I must observe to your Lordships that this Assembly notwithstanding H.M. recommendations and their own professions of duty and loyalty have not thought fit to put any mony into the Treasury tho' it is actually found to be £15000 in debt on the contrary they have drawn up a long Address and representation to H.M. and have ordered their Speaker to transmit it setting forth reasons, as they call 'em, for not obeying the King's commands in favour of Lord Archibald Hamilton. By their Minutes of the 13th of July I observe they ordered their Speaker to transmit this Address before they made any applycation to me for doing it being conscious, as I suppose, to themselves that I would not give any countenance or trouble H.M. any further with a matter which has allready had so full a hearing and received H.M. possitive determination, and as to the slur which they woud seemingly cast upon my administration as if the charge of the Government was considerably augmented under my management I have endeavoured to clear myself (and I hope to your Lordships satisfaction) in severall messages to them on that subject wherein I plainly show the falacy of their reasoning and have ordered their Address and the most material messages that have passed between us to be printed which if your Lordships thinks worthy of your notice the same may the more clearly appear to your view (enclosed). Shou'd the Assembly at their next meeting still insist in haveing the Members who signed the papers mentioned in my last taken into custody I shall expect little good from them and therefore I heartily wish your Lordships wou'd be pleased to lay before H.M. a true state of the present condition of this his Island and of our likelyhood speedily to be in a much worse unless H.M. will be graciously pleased to interpose his authority and take such measures as may render his Government here independant on the humours of an obstinate People for supplys. In severall of my former letters I have hinted to your Lordships in what manner this might be effected, if your Lordships are pleased to approve thereof I am fully perswaded from a view of our present state and condition you'll think it necessary without delay to be put in practice or if your Lordships can propose any other expedient to H.M. for the support of his Government here with more ease to the inhabitants etc. I shall with great chearfullness concurr etc. By the Minutes of the Council (enclosed) your Lordships may please to observe severall petitions presented to me in Council by Spaniards who had the misfortune to be taken by some of H.M. ships of warr and our privateers just at the commencement of the cessation of arms etc., some of which were condemned as prize before we had any notice of the said suspension of arms and an interlockatery sentence passed upon others and bond was given to make restitution to any lawfull claimers some of those Spaniards have received ample restitution the rest are now prosecuting their claims etc. in the Court of Admiralty and all of them may expect to receive justice in like manner. I heartily wish I cou'd say the Spaniards had been as ready in doing justice to H.M. subjects in these parts who have suffer'd very considerably by them since the cessation of arms. By late advices from Carthagena we have an accot. that the Galeons from Old Spain were arrived there and that there were upwards of 20 sail of large French ships full of merchandise in the South Seas but that the Spaniards were stricktly commanded by the Vice Roy not to trade with them and the little trade we formerly had with Carthagena and Portobello is now allmost at a stand the Spaniards are so strickt in guarding their coasts that makes it very difficult and hazardous to land any goods, this makes trade dull here and mony scarce. I wait with impatience to receive your Lordships commands, the last I was honoured with was that of the 27th Dec. etc. P.S. In the first clause of the Act to encourage the settleing the N.E. part of this Island a doubt arises with me whether it is intended that the forfeiture for non-payment of the quitt rents extends to all the lands in generall therein mention'd or only to such lands as belong to absentee's who have no effects in this Island. I therefore beg your Lordships to send me Mr. West's or the Attorney Generall's opinion thereon. Signed, Nicholas Lawes. Endorsed, Recd. 13th Dec., 1721, Read 15th Feb., 172½. 6¾ pp. Enclosed,
634. i. Address of the Assembly of Jamaica to the King. With His Excellency's Answer and Messages to the House in relation thereto. July 14. The Assembly desired H.E. to transmit the following Address to H.M. There is not in any part of your Dominions a body of people more zealously affected to your Majesty's person or more averse to Popery, etc. Private interest and love of too much power have engaged some to misrepresent us etc. Although Lord A. Hamilton's memorial sets forth as if some considerable part of the money claimed by him were due for salary. His whole salary excepting for ten days was duly paid to him about the time of his departure, and the Receiver-General hath always been ready to pay the balance when demanded etc. Recount subsistance granted to H.M. Regiments, on several repeated assurances from H.M., that they should be eased of that burthen, which they hoped would have been at the conclusion of the last Peace; but the Lord Hamilton not being willing to part with the advantages that accrewed to him from them, renewed his instances for the soldier continuing here longer; to bridle, as he was pleased to term it, the inhabitants, and root out the seeds of rebellion, brought over by the first inhabitants etc. The Regiment being afterwards reduced to two Independant Companies, one was granted to Lord Hamilton, and the other to Col. Robert Rookwood. The Assembly have for many years provided a subsistance of 20s. per week for each officer and 5s. for each common soldier, over and above their English pay; and although it was notorious that the allowances so provided was for the most part diverted into other pockets, the listed men being usually dispersed about the country upon furlows, for which they have often given praemiums, besides the assignment of their allowance yet the Assemblies continued their allowances till 1st May, 1714, from which time they were interrupted by hasty and unusual prorogations and dissolutions etc. Describe occasion of Lord A. Hamilton and the Council advancing money for the soldiers whilst the Assembly was adjourned or prorogued. When the new Assembly met in Oct. 1715, they taking notice of the great misapplications that had been made of the money provided for the soldiers appointed Commissioners to deliver them weekly provisions etc., but the common soldiers refused to accept their allowance in any other kind but money and were hardly held from plundering the Town of Port Royal, and destroyed great numbers of the inhabitants' cattle etc., in which they were privately encouraged by some whose duty it was to have suppressed them etc. "Should we yeild to the reimbursement of the money now demanded, it wou'd be such a president as might hereafter be made use of to subject the estates of us and our posterity to the arbitrary taxation of a Governor, and render Assemblies useless" etc. "It is evident from the state of the Revenue and Contingencies in Sir William Beeston's time, and that of the present, that your subjects here have never been wanting to support the honour and dignity of the Crown, the whole exigencies of the Government not amounting to more than about £5000 per annum in that time, tho' a war was then in being; whereas at present, and for some years last past, the same have been swelled up to no less than to about £10,700 per annum, by such means as we are loath to trouble your Majesty with etc., although the sinking condition and poverty of the Island very ill bears such an aggravation of expence etc. July 13, 1721. Signed, George Modd, Speaker.
(b) Governor Sir N. Lawes' reply to preceding. You cannot expect that I should transmit this Address, upon transactions which have already been considered by H.M. in Council etc. Quotes Receiver General's accounts to show that "all the Orders of Council issued last year on the Revenue, for the support of the Government, comes to little more than £4000, whilst the charge of the Government for five years before my arrival amounted to about £8750."
(c) Other messages to and from the Governor and Assembly. The whole, Printed by command of His Excellency. Endorsed as preceding. 7½ pp.
634. ii. Act of Jamaica to enable trustees of William and Charles Bowles etc. v. covering letter. Endorsed, Recd. 13th Dec, 1721, Read 15th Feb. 172½. Reported to be confirmed, 11th Dec, 1723. 2½ large pp.
634. iii. Tryal of Capt. John Rackham etc. Duplicate of June 12, 1721, q.v. [C.O. 137, 14. ff 61–65, 66–70, 71, 72–94v., 95v.]
Aug. 29.635. 100th Article of Governor Lord Belhaven's Instructions, relating to piratical goods. Copy. ½ p. [C.O. 28, 44. f. 5.]
Aug. 29.
Kensington.
636. H.M. Instructions to Governor Lord Belhaven, with Instructions relating to Acts of Trade and Navigation, of. 25th Aug. [C.O. 5, 191. pp. 14–74, 75–97.]
Aug. 29.
Kensington.
637. H.M. Instructions to Governor Phenney. [C.O. 5, 191. pp. 123, 125.]
Aug. 29.
Barbados.
638. Mr. Cox to the Council of Trade and Plantations. Refers to letter of Aug. 23rd, and repeats part of it. Encloses Minutes of Council 12th April—9th Aug., 1721, "wherein your Lordships I humbly hope will find I have paid a ready obedience to the Orders of H.M. in Council, 28th May last" etc. Encloses Minutes of Assembly, 7th June–22nd Aug. Signed, Saml. Cox. Endorsed, Recd. 24th Oct., 1721, Read 11th Jan., 172½. Addressed. 2 pp. [C.O. 28, 17. ff. 210, 210v, 211v.]
Aug. 29.
Treasury Chambers.
639. Mr. Lowndes to Mr. Popple. The Lords Commrs. of H.M. Treasury desire etc. copies of all such articles and instructions as have, at any time, been signed by H.M. so far as they relate to all or any part of H.M. Revenues in the Plantations or to the effects taken from pyrates etc. Signed, W. Lowndes. Endorsed, Recd. Read 30th Aug., 1721. ½ p. [C.O. 323, 8. No. 21.]
Aug. 30.
Whitehall.
640. Lord Carteret to Governor Sir N. Lawes. It having been represented to H.M. that a good number of inhabitants in the Leeward Islands have lately deserted the said Islands, upon the encouragement which has been given them to repair to Jamaica, and settle there, and there being reason to apprehend, that others may be tempted to follow their example, H.M. considering how far such a proceeding may, in process of time, tend to the impoverishing and dispeopling the said Islands, has commanded me to signify his pleasure to you, that you do not, under a pretence of peopling Jamaica, give any countenance or encouragement to the inhabitants of the said Leeward Islands to desert those Colonies. Signed, Carteret. [C.O. 324, 34. p. 62.]
Aug. 30.
Custom Ho., London.
641. Mr. Carkesse to Mr. Popple. Encloses following received this day, as a supplement to Aug. 23. Signed, Cha. Carkesse. Endorsed, Recd. 31st Aug., 1721, Read 26th April, 1722. Addressed. ½ p. Enclosed,
641. i. Extract of letter from Mr. Dunbar to the Commissioners of Customs. 12th July, 1721. Further objections to the Act of Antigua. Copy. 11/8 pp. [C.O. 152, 14. ff. 110, 111, 111v., 113v.]
Aug. 30.
Whitehall.
642. Council of Trade and Plantations to Lord Carteret. Enclose following (v. 23rd Aug.). Annexed,
642. i. Draught of Commission to John Hope to be Lt. Governor and Commander in Chief of the Bermuda or Summer Islands, and revoking that of Col. Bennett. This Commission was signed 11th Oct., 1721. [C.O. 38, 7. pp. 370–389.]
Aug. 30.
Kensington.
643. H.M. Commission to Lt. Governor Hope. Countersigned, Carteret. [C.O. 5, 191. pp. 300–307.]
Aug. 31.
Whitehall.
644. Lord Carteret to Governors of Barbados, New England, New York, Leeward Islands and South Carolina. Mr. Benjamin Blundell junr., has several large debts owing to him, to which H.M. now stands entituled. You are to instruct the Attorney General to sue his debtors living under your Government at the King's suit etc. Signed, Carteret. Enclosed,
644. i. List of debts due in the West Indies to Mr. Blundell, Receiver General of taxes etc. in Leicestershire, who lately went off with about £18,000 of that publick money.
644. ii. Copy of opinion of Mr. West that the King is entitled to above 17th July, 1721. Signed, Richd. West. [C.O. 324, 34. pp. 73–75.]
Aug. 31.
Antigua.
645. Governor Hamilton to the Council of Trade and Plantations. The inclosed is an Act for raising a tax for paying the publick debt due to me etc. Upon notice here that H.M. was graciously pleased to honour Colonel Hart with the Government of these Islands, the Council and Assembly of this Island desired I would permit them to meet, and in justice to me, and in consideration of my forbearance during the time they suffered by the extream drowth to receive what was due to me from the Publick by virtue of an Act for settling £1000 per annum on me for house rent which H.M. was graciously pleased to allow during his pleasure, unanimously agreed to raise a tax and prepare a bill for what remain'd due on their account, and accordingly the bill was prepared and past into a Law etc. Refers to enclosed Minutes. Continues: This was their voluntary act and request without my privity or knowledge and I cannot believe but your Lordships would think me unjust to myself and family had I refused passing this Act etc., besides the major part of this summe is due to the merchants of the Islands for goods bought of them to defray the necessary expences of my Government etc. Prays for their favourable report upon it. Refers to enclosure. Signed, W. Hamilton. Endorsed, Recd. 20th Nov., 1721, Read 16th Jan. 172½. 2pp. Enclosed,
645. i. Lt. Governor and Council of Antigua to the Assembly. Propose bill for paying Governor Hamilton what is due to him. The Assembly agree etc. Same endorsement. Copy. 1¾ pp.
645. ii. Minutes of Council of Antigua relating to above Act, 24th July, 1721. Same endorsement. Copy. 2 pp.
645. iii. Governor Hamilton's licence of absence to John Yeamans for six months etc. 22nd Aug. 1721. Signed, W. Hamilton. Same endorsement. Copy. 1p. [C.O. 152, 14. ff. 88, 89–94, 95v].