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.
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.]
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.]
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.]
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.]|
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,
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.]
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.]
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.]
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.
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.]
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.]
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.]
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.]
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.]
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.]
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.]|
485. Council of Trade and Plantations to Lord Carteret.
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.
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.]
487. Mr. Popple to Mr. Carkesse. Presses for reply to
April 6th. [C.O. 29, 14. pp. 109, 110.]
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.]
489. H.M. Commission to Governor Hart (v. 11th May).
Countersigned, Carteret. [C.O. 5, 191. pp. 101–117.]
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.
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.]|