BHO

America and West Indies: May 1721, 1-13

Pages 297-306

Calendar of State Papers Colonial, America and West Indies, Volume 32, 1720-1721. Originally published by His Majesty's Stationery Office, London, 1933.

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May 1721, 1-13

May 2.
Cockpit.
468. Warrant of the Lord Chamberlain to the Lords Commissioners of the Treasury. The Lords Commissioners of Trade and Plantations having represented that they are very much streighten'd in their Office for want of rooms for their books; H.M. has commanded me to signify his pleasure that you give orders for building four new rooms to inlarge their Office. Signed, Holles Newcastle. Copy. 1 p. [C.O. 388, 78. f. 1.]
May 3. 469. Mr. West to the Council of Trade and Plantations. Report upon 3 Acts of Virginia. (i) By the Law of Virginia all lands were forfeited for three years non-payment of quittrents, but by the Act for the better discovering and securing of H.M. quitt rents, 1720, it is enacted that no lands shall in any such case be forfeited and therefore the Crown has no other remedy left for the recovery of its quitt rents, but what is provided for this Act, that every person who shall conceal the true quantity of his patent lands shall pay double quitt rents etc., of which one half shall go to the informer, so that the Crown in all events is entituled only to the single quitt rents due by law, whereas the forfeiture was for non-payment generally etc. As this tends to the manifest diminution of the King's right as to forfeitures and to weaken the process of the Crown in the recovery of it's quit rents, I am of opinion it is not proper to be confirm'd. Has no objection to the Act (ii) for erecting the countys of Spotsylvania and Brunswick and granting certain exemptions and benefits to the inhabitants thereof or the Act (iii) explaining and further declaring what shall be accounted a sufficient seating and improvement to save lands from lapsing etc. Signed, Richd. West. Endorsed, Recd. Read 4th May, 1721. 3 pp. [C.O. 5, 1319. No. 9.]
May 4.
Whitehall.
470. Council of Trade and Plantations to the King. Recommend Lewis Morris jr. for the Council of New York, in place of Caleb Heathcote, decd., as proposed by Governor Burnet. 1 p. [C.O. 5, 1079. No. 123; and 5, 1124. p. 256.]
May 4.
Whitehall.
471. Council of Trade and Plantations to the King. Report upon Act of the Massachusetts Bay 1718, for the better regulating the culling of fish, "whereby a suitable number of persons are appointed to be annually chosen in every seaport town or place within that Province where fish is made and cured, and a penalty laid on all persons who shall presume to cull fish there without being chosen and sworn according to the said Act, as likewise a penalty on such as shall presume to ship off any merchantable fish whatsoever without being first surveyed or cull'd by a sworn culler or such person as shall be agreed upon by the buyer and seller of fish under the like oath and restrictions in that case only where the said sworn cullers cannot be obtain'd." Quote objections of merchants trading to New England v. 25th April. Continue:—Petitioners having farther produced to us letters from their correspondents att Oporto and Alicant complaining of the badness of fish sent thither from New England since the passing the said Act; And being farther inform'd by merchants tradeing to New England and others who attended us that before the passing of this Act it was the practice for the buyer and seller of fish to choose each of them a culler, we are of opinion the said practice is not liable to any objection, and therefore humbly offer that your Majesty be graciously pleased to signify your disapprobation and disallowance of the said Act. [C.O. 5, 915. pp. 324, 325.]
May 4.
Whitehall.
472. Lord Carteret to the Council of Trade and Plantations. Encloses following for their report. Signed, Carteret. Endorsed, Recd. 15th, Read 17th May, 1721. 1 p. Enclosed,
472. i. Petition of merchants trading to Jamaica to the King. Complain that several ships at Jamaica were searched, and part of their lading taken out of them, and others attempted to be searched by Capt. Thomas Brooke and others belonging to H.M. Fort in Port Royal, under pretence of their having French indigo, and by virtue of a dormant warrant from Sir N. Lawes, after they had received the said Governor's let-pass and were cleared as well by the Collector and and Naval Officer as by the Captain of the Fort, and out of the harbour and at a great distance from the guns of H.M. fortify cations and under the sailing orders of H.M. ships of war etc. Submit that the said Governor's warrant and the committing of the execution of it to the military power without any regard had to the officers of the Customs as well as the searching of the ships and taking goods out of them after they were cleared, are transactions unwarrantable and destructive of trade etc. Petitioners believe that the ships had been all searched and their cargoes taken out and confiscated, had it not been for the just interposition of Capt. Edward Vernon, Commander in Chief of H.M. ships of war at that Island, who has been very active and diligent in protecting trade from pirates etc. Pray for H.M. Order to the Governor to restore the goods taken out of said ships and to give satisfaction for damages, and not to make any seizure of vessels under any such pretext. Signed, P. Miller and 26 others. Copy. 2¾ pp.
472. ii. Extract of letter from Commodore Edward Vernon to the Rt. Hon. James Vernon. Nov. 13, 1720. H.M.S. Happy snow. Describes proceedings of Capt. Brooke (v. preceding), "our late neighbour the broken Vintner, exalted to a post he is no way fit for," etc. To repair his broken fortunes he has surprised the old Governor into granting him a dormant warrant etc. as preceding. Continues:—Upon the merchants and masters of ships complaining to me that the soldiers were robbing their ships, Capt. Brooke refusing to comply with my request to take his soldiers ashore, etc., I went on board the ship where the soldiers were, and placed under arrest an officer [Robert Hall] who produced for his orders a warrant from the Receiver General to act as Deputy Waiter for 3 months etc. Signed, E. Vernon. Copy. 3 pp.
472. iii. Deposition of James Pearce, master of the John frigate, 16th March, 1720(1). Describes how Lt. Rookwood, an officer under Capt. Thomas Brooke and Robert Hall (v. preceding) searched his ship for French indigo etc. Signed, Jas. Pearce. Copy. 2½ pp.
472. iv. Depositions by William Hosey and others, crew of John frigate, 22nd March, 1720(1), corroborating preceding. Signed, Wm. Hosey, Wm. Collins, John Baker, and Edward Marson, his mark. Copy. 1 p. [C.O. 137, 13. Nos. 48, 48. i–iv.]
May 5.
Whitehall.
473. Lord Carteret to Lt. Governor Spotswood. Encloses petition of N. Mills. Concludes:—As the circumstances of his long imprisonment etc. seems to be particularly severe and unjust, I am to recommend it to you to give all due protection to him in his endeavours to obtain justice etc., especially with regard to the obligations the persons mentioned entered into with the said Mills, when he became a ransom of [? or] hostage for the said ship. Signed, Carteret. Annexed.
473. i. Petition of Nehemiah Mills, Mate of the Flying Fame of Elizabeth town in Virginia, to Lord Carteret, 4th April, 1721. In Sept. 1709, petitioner, at the request of Samuel Bush, Richd. Furlong, and Bryant Tregency, owners of the Flying Fame, which was then commanded by Capt. Lorance, became ransomer or hostage for the said vessel, and as such continued a prisoner at Brest 11½ years under the greatest hardship, with no more than the bare prison allowance of bread and water, until discharged by order of the French Government. This hardship arose by the injustice of the said owners, who gave petitioner an obligation to pay him £300 sterling for going a ransomer as above and engaged to pay him £3 10s. pr. month from 10th Sept., 1709, until his arrival in Old England, but afterwards took no manner of care of his enlargement. Prays that the Governor may be instructed to see justice done etc. Signed, Nehemiah Mills. Copy. [C.O. 324, 34. pp. 53, 54.]
May 7.
St. James's.
474. Order of King in Council. Approving draught of Commission for Lord Belhaven to be Governor of Barbados etc. Signed, Robert Hales. Endorsed, Recd. 2nd, Read 8th June, 1721. 1 p. [C.O. 28, 17. ff. 126, 127v.; and (duplicate signed, Temple Stanyan.) 5, 191. p. 13a.]
May 7.
St. James's.
475. Order of King in Council. Appointing Lewis Morris junr., to the Council of New York. Signed, Robert Hales. Endorsed, Recd. 2nd, Read 8th June, 1721. 1 p. [C.O. 5, 1052. ff. 159, 160v.]
May 7.
St. James's.
476. Order of King in Council. Repealing Act of the Massachusetts Bay for the better regulating the culling of fish (v. 25th April). Signed, Robert Hales. Endorsed, Recd. 2nd, Read 8th June, 1721. 1½ pp. [C.O. 5, 868. ff. 47, 47v., 48v.]
[May 9.] 477. Lord Cadogan to the Council of Trade and Plantations. Recommends petition of Capt. Charles Gookin (v. 8th Jan., 4 and 10th March, 1720). Signed, Cadogan. Endorsed, Recd. 9th., Read 19th May, 1721. 1 p. [C.O. 5, 1266. ff. 11, 12v.]
May 9. 478. H.M. Commission to Governor Lord Belhaven. Same as that prepared for Lord Irwin, but includes Tobago. [C.O. 5, 191. pp. 1–14.]
May 9.
Whitehall.
479. Mr. Popple to Mr. West. The Council of Trade and Plantations remind you of their desire, that you would prepare the draught of a clause to be inserted in all private Acts in the Plantations, according to what they said to you, 15th March last. [C.O. 324, 10. p. 293.]
May 9.
Whitehall.
480. Lord Carteret to the Council of Trade and Plantations. H.M. having been pleased to appoint John Hart Esq. to be Governor of the Leeward Islands, I desire that you will please to direct the draughts of his Commission and Instructions to be prepared etc. for H.M. approbation. Signed, Carteret. Endorsed, Recd., Read 10th May, 1721. ½ p. [C.O. 152, 13. ff. 48, 49v.]
May 10.
Whitehall.
481. Mr. Popple to Mr. Burchet. The Council of Trade and Plantations recommend Lt. Benjamin Young for a command against the smugglers (v. Feb. 12, April 29th, 1721), he having some time ago lay'd before them a draught of the coast of Nova Scotia and Gutt of Canço etc. [C.O. 218, 2. p. 5.]
May 10.
St. James's.
482. H.M. Warrant for admitting Lewis Morris, jr., to the Council of New York in the room of Caleb Heathcote, decd. Countersigned, Carteret. Copy. [C.O. 324, 34. p. 55.]
May 10. 483. An account of wood and coales lay'd in by Sam. Clarke for the Board of Trade. Endorsed, Read March 8th, 1722/3. 1 p. v. B.T. Journal. [C.O. 388, 78. ff. 21, 22v.]
May 11. 484. Col. James Moore to Joseph Boone. Sr., I am obliged to informe you of an extraordinary event that happened amongst us on the 9th of this instant as well to make you acquainted with the resolution and unanimity of our inhabitants as the success wee have had against our enemys. Collo. Johnson in the morning called together all his Councill and proposed to them means for his restoration to the Governt. being prompted thereto as we are informed by Capt. Hildesley who last October reced. a common. from Johnson to be Collo. of the troop, they had been concerting proper measures long before to bring this about and Mr. Johnson gave out some commons. to some insignifycant persons who had not interest at last to procure any men but however they resolved to make a push for it and accordingly made up about 120 men in all, 80 whereof were sailors belonging to the Flambrough. Headed by Collo. Johnson and Capt. Hildesley when they had got under armes, and upon their march they detach'd two gentn. of their Councill with the inclosed letter from Collo. Johnson, which made us put ourselves in the best posture of defence we could to receive them, and then returned them the inclosed answer, they soon after appeared before the town which obliged the forts to fire three guns at them, which proved so prevailing an argumt. that they procured Capt. Pearse of H.M.S. Phenix to be a mediator between us, who came with one of their Councill to propose measures of accommodation they were made to understand that no termes could induce us to part with the Governmt. till H.M. pleasure be known they returned and soon after Capt. Pearse came back againe and informed us that Collo. Johnson was desirous to see the order of the Regency, and some letters from you and Mr. Barnewell, and that they may be sent by some Gent. from us. Accordingly, three gentn. were sent with those papers and it produced this effect that Collo. Johnson promised and gave his honour that he never would trouble his head any more with the present Governmt. and imediately order'd all his men to be disbanded and sent abt. their business so that now I beleive we are free from all disturbances of that kind the consequences, that would have ensued had they obtained their ends would have been very mischivious as wee are certainely informed the sailors haveing had promises of plundering the town. We impatiently expect the arrivall of Generall Nicholson to make us all happy. Capt. Hildesley and others notwithstanding the concessions they made did the next morneing so insult the Captaine of the maine Guard that it inraged the inhabitants to such a degree that wee were obliged to put him under arrest at his lodgeings to prevent the rage and resentment of the people falling upon him, and upon applycation made afterwards by Capt. Pearse for his inlargemt. and upon his promise for the good behaviour of Capt. Hildesley his officers and ships company we ordered a good number of armed men to guard him to Capt. Pearse's boat in order to his going on board the Phenix etc. You may communicate this with the inclosed to the Boards of Admiralty and Trade etc. Signed, Ja. Moore. Annexed,
484. i. Col. Johnson to [Col. Moore]. May 9th, 1721. Two of H.M. ships of warr as being now in harbour and the Commanders sensible of the diffeculties I have laboured under as well as the whole country by your unjust usurpation of the Governmt. have therefore resolved to assist me wth. all their force to reassume the same. I have therefore with the advice of my Councill sent to you this letter to desire you would peaceably admitt me into the Governmt. my just right that thereby any misfortunes that may happen on your refusall may entirely lye at your doore and you thereby become lyable to answer for the same, and I hope this my way of proceedings will not be thought pusillanimous sence the intent of it alsoe is to assure you as well as the people of this Province that for anything that has been hitherto transacted of what kind soever it shall lye dormant till the arrivall of Collo. Nicholson or a Governor appointed by H.M. if any such there be, when I will as chearfully as anyone deliver the Governmt. to him the same assurances I take upon me to make you on the part of both the Comanders of H.M. ships that everybody shall be entirely easey in their persons and estates and all misunderstandings referred to H.M. Governour etc. Signed, Robt. Johnson. Copy.
484. ii. Col. Moore to Messrs Izard and Younge. May 9th, 1721. You may acquaint Collo. Johnson in answer to his messuage that I with the advice of my Councill am determined to keep the Governmt. of this Province for H.M. King George untill his pleasure is signified relateing thereunto and it is a pleasure to us to find ourselves in a good posture for that purpose. Signed, Ja. Moore. Copy. The whole, 2½ pp. [C.O. 5, 383. No. 5; and (endorsed, Recd. 18th, Read 28th July, 1721) 5, 358. ff. 85, 85v., 86v., 87, 88v.]
May 11.
Whitehall.
485. Council of Trade and Plantations to Lord Carteret. Enclose following.
485. i. H.M. Commission, in the usual form, for Col. John Hart to be Governor of the Leeward Islands. General Hamilton's Commission is revoked. [C.O. 153, 13. pp. 463–486.]
May 12.
Whitehall.
486. Order of Council. Approving of Commission for Governor Hart. Signed, Robert Hales. Endorsed, Recd. 2nd, Read 8th June, 1721. 1 p. [C.O. 152, 13. ff. 50, 51v.; and (duplicate, signed, Temple Stanyan) 5, 191. p. 100a.]
May 12.
Whitehall.
487. Mr. Popple to Mr. Carkesse. Presses for reply to April 6th. [C.O. 29, 14. pp. 109, 110.]
May 12. 488. Reasons offered on behalf of Mary Williams, Spinster and Elizabeth Williams, infant, of Barbados, co-heirs of Jno. Williams decd., for the speedy repealing of an Act to render more effectual certain legacys bequeathed by Capt. John Williams to the Parish of Christ Church, Barbados. The Act is made to strengthen an illegal execution of a decree on the lands of Mary and Elizabeth Williams etc. A similar law, 9 or 10 years ago, was repealed upon Sir E. Northey's report. This law is in direct breach of the 14th and 26th Instructions of the Governor etc. Endorsed, Recd. 12th, Read 24th May, 1721. 2 pp. [C.O. 28, 17. ff. 120, 120v., 121v.]
May 13.
St. James's.
489. H.M. Commission to Governor Hart (v. 11th May). Countersigned, Carteret. [C.O. 5, 191. pp. 101–117.]
May 13.
Barbados.
490. Judge Sutton to Col. Frere. Last Munday came on the elections for ye parishes wch. had writtes for chusing of Assemblymen, published in their churches, but never had any people more difficultys and baser treatments than our friends had from the Sheriffs and ye adverse party, we have had ye good fortune to carry four parishes, St. Thomas, St. Lucie, St. John, St. Philips, and last Thursday they were sworn etc. The Assemblymen were confined for above an hour, ye doors lockt and bolted and two of ye Provost Marshal men guarded ye doors, and ye stratagem was laid yt. ye Council should sett above stairs in order to trapan our friends to make house, but as it happened, many of us were in ye same room confined and made so great noise about our imprisonmt. yt. ye President at last ordered ye doors to be opened to let out all persons except ye Assembly men, our friends took ye opportunity and came out wth. us to ye great mortification of ye President who sighth at ye news yt. ye birds were flown and sayd yt. he had done wt. he could and could not help it, he is very much dejected at this glorious retreat of our eight Patriots who are determined not to make a house till there be a return of Representatives for ye parish of St. James and St. Andrew wch. is a plain manifestation to ye world yt. if ye writtes had not been stiffled in those two parishes we should have carried a majority notwithstanding ye villany and fowl play yt. our adversarys hath made use of. It hath been no small satisfaction to us all here yt. our friends hath playd so good an after game by wch. ye adverse ten Assembly men are become useless. Ye Attorney General was consulted three times yesterday upon this occasion but I believe he hath given no great incouragement. Ye 2d. of this month I carried a petition from ye freeholders of St. James to ye President in company wth. Judge Dotin who presented St. Andrews and we had for answer yt. he would take time to consider ym. and he hath kept his word for he hath not yet issued any writtes for those two parishes nor hath he taken any notice thereof to his Council who sett on Thursday last, a copy of St. James petition I have inclosed. Major Evans hath broke his promise to you in observing and keeping a neutrality, he hath been very violent and hath voted in every parish yt. he had a freehold against yr. friends by wch. you may know the man. Capt. Terrell is very hearty wth. us. The President plays all ye little and vile arts to subsist by he permitts Capts. to stay ten or fifteen days and then discharges ym. of ye powder duty taking a barrel of tongues furkin of butter and box of candles for ye same. Capt. Tulton of Leverpool is an instance, by wch. means our country is cheated of its powder, wch. would prove of ill consequence to this Island if he was to remain President a few months longer etc. We think it very tedious till his Lordships arrival etc. Our friends have been very steddy condedering what attacks they have mett wth. from a sett of wicked men yt. sick at no villany, to bring about their designs; we have been six months in a storme and I hope we are near a safe port etc. P.S. I and my wife presents our respects to you and yr. Lady, Mr. Lowther and Lady, Mrs. Titus and all your family wth. MaMahon. Signed, Edmund Sutton. Endorsed, Recd. Read July 27, 1721. Extract sent to Ld. Carteret, 28th July. 1½ pp. Enclosed,
490. i. Remonstrance of Representatives of four parishes of Barbados to Samuel Cox, President of the Council. 16th May, 1721. On 11th May we appeared as members of the General Assembly, but to our inexpressable concern found that the body of this Island was then intended to be represented by 18 members only, chosen out of 9 parishes, though by the established laws there ought to be 22 representatives for the 11 parishes etc. We humbly pray that before your honour requires of us to enter upon any business, you'll be pleased to issue out writts for the electing of members to serve for the parishes of St. James and St. Andrews etc. We begg leave to assure your honr. that, as before, so now, nothing can give us greater regrett or concerne than the little provision wch. has been made for the reception of Lord Viscount Irwine, of whome we have the greatest esteem etc. Signed, Wm. Leslie, Saml. Fort, Wm. Ramsay, Ralph Weeks, John Carter, Tho. Spencer, Wm. Sandiford, Douden Thornhill. Endorsed as preceding. Copy. 1¾ pp.
490. ii. William Terrill to J. F. (? Col. Frere). Barbados, 12th May, 1721. Dear Brother, I hope these will find you and family safe arrived etc. The day you left us Benja. Alleyne was seized wth. a feavour and dyed fryday following. The next Thursday after you left us writts for electing Representatives were sent forward to all ye parrishes (as they say) but St. James and St. Andrews were not published, ye first being directed to Judge Alleyne the other to his son Mr. John Allen and inclosed in his father's who saith he did nott receive them till Sunday five of ye clock in the afternoon and then were brought to him by a negro could scarce speak English, so Judge Alleyne sent them back to ye President again. I beleive it's the first instance that ever such a vile bare faced trick was played and ye libertys of H.M. loyall subjects so publickly struck att. The Freeholders of those two parrishes preferred two petitions to ye President (desiring writts to issue for their parrishes) wch. were presented by Judge Sutton and Judge Dottin but all the releif they could gett was he told them he would consider of them. On Monday 1st inst. we had an earthquake through ye Island etc. On the 8th yet other nine parrishes proceeding on their elections, five they arbitrarily carryed vizt. Christ Church, St. Michaels, St. Georges, St. Josephs, and St. Peters. Christ Church they carryed by 20 votes having made 35 new freeholders and their Sherriff Elliott permitting severall persons to vote without giving them their oaths altho demanded etc. Ten of ye new freeholders are made out of Bishops Estate by Collo. Sandiford, who ye President hath put in possession on his petition without any due course of law. St. Josephs they carryed but by one vote their Sherrif Lightfoot suffering Phillip Bishop and Henry Mills to vote without shewing any deed and itts well known neither of those two persons have a foot of land in that parrish tho they swore to itt. St. Peters writt was published att ye Parrish Church and yett their Sherrif Walker would take ye poll att the Chappell so old Collo. Maycock protested against the election ye poll not being opened att ye Parrish Church according to ye writt so our freinds went away. Wee have gott St. Lucys, St. Thomas, St. Johns and St. Phillipps (altho' damned corruption and violence used, by Sandford). Wee making no opposition in St. Peters I had a better oppertunity to stand by my friends and relations in St. Lucys where wee carryed itt by a majority of 25. Our writt of St. Lucys was directed to Robert Douglas a native of Scotland (who himself hath reported he had two brothers condemned for being in the late rebellion and had like to have been taken himself) and a professed Jacobite, but he bearing ye charater of a Gentleman I waited on him and asked him if he would take ye writts, he told me no for he would nott take the oaths and had told President Cox as much notwithstanding which Mr. Cox would direct the writts to him and in his absence to Alexa. Graham that had but two and a half acres of land but Robert Harrison gave him an occasionall freehold. Describes the locking in of the Representatives, with a view to compelling them to make a House, v. covering letter, and their escape. Mr. Maxwell is cleared of William King's scandalous complaint against him and King committed for perjury, who hath since declared Cox putt him upon itt. The old fashion Howard A. Lillington, Mr. Young forced to fly by witness encouraged and trumpt against him. Mr. Coxes party offer to lay their estates that my Lord Irvine will embrace them but I hope he is a man of more honour. I pray God be mercifull to us. I thank God I have an estate in England to retire to, but I have a great many friends and relations here that I should be troubled to hear they suffered under such a vile sett of people upheld by Walker, Alleyne, Peers, Orsborne and others as bad as themselves. Their first of Aprill snow is here yett and won't saile till June. P.S.—My love and respects to Madame Titus and sister and ye rest of all your family—and honest Mack—if you think fitt communicate this to our friends. Endorsed as preceding. 2¾ pp. [C.O. 28, 17. ff. 155–158v., 160v.]