667. Order of Council. Confirming alterations in the 62nd
and 66th articles of Instructions for Governor Hart concerning
the Bishop of London's powers etc., as proposed 8th inst. (v.
Oct. 25th). Additional Instructions are to be prepared for
vacating the clauses in the Instructions of other Governors.
Signed, Temple Stanyan. Endorsed, Recd. 2nd, Read 3rd
Oct., 1721. 1¾ pp. [C.O. 323, 8. No. 24; and 5, 191.
pp. 125a, 125b.]
668. Order of Council. Approving draught of Commission
for Governor the Duke of Portland. Signed, Temple Stanyan.
½ p. [C.O. 5, 191. p. 206a.]
In New England.
669. Charles Burniston to the Council of Trade and Plantations. Reports information received from his Deputy, Robert
Armstrong, that he has seiz'd between 3 and 400 mast-trees,
cut down in the King's woods, fit for H.M. service, about two
years ago by the connivance of Mr. Bridger etc. Endorsed,
Recd. 26th Sept., 1721, Read 5th July, 1722. 1 p. [C.O.
5, 868. ff. 268, 269v.]
670. Council of Trade and Plantations to Lord Carteret.
Enclose extracts of letters from Governor Sir N. Lawes relating
to the disorders and confusion in Jamaica. [C.O. 138, 16. pp.
671. Lord Carteret to the Council of Trade and Plantations.
Upon perusing your Lops. report of the 14th inst. concerning
the granting lands in the Island of Tobago, I have thought it
might be a question worth your consideration, whether five
hundred acres be not more than should be granted to any one
person, and whether a fourth part of such a number of acres,
as shall be granted to any one person, be not more than he
can reasonably be supposed to cultivate within the space of
three years. I would gladly know your opinion upon these
two points, before I receive H.M. further pleasure in this affair.
Signed, Carteret. Endorsed, Recd. 28th Sept., Read Oct. 3,
1721. 1 p. [C.O. 28, 17. ff. 183, 184v.]
672. Petty Expenses, Postage and Stationer's Account
of the Board of Trade from Midsummer to Michaelmas, 1721.
v. B.T. Journal. [C.O. 388, 78. ff. 6, 7, 12–15, 19.]
673. Extracts from the Instructions of the Governors of
New York and Jamaica relating to the licencing of schoolmasters
in the Plantations etc. With (?Lord Carteret's) notes. 1¼ pp.
[C.O. 5, 1092. No. 20.]
674. H.M. Instructions to Governor Hart (cf. 25th Aug.),
with Instructions relating to the Acts of Trade and Navigation.
[C.O. 5, 191. pp. 126–206.]
675. Mr. Cox to the Council of Trade and Plantations.
Encloses Journal of Assembly to "6th instant." Refers to
letter of Aug. 29th. Continues: Your Lordships will perceive
by these Minutes with what punctuality I have executed the
orders for restoring the Members of Council and all Officers,
Civil and Military, and yet how unworthy of H.M. favour the
restored gentlemen have behaved themselves; who, instead
of a hearty application to H.M. service and the business of
their several stations, have fallen into the most unwarrantable
outrages, and obstruct not only the affairs of ye Governmt.
but the common course of Justice in the Courts they have been
restored to be Judges of: But, as by the last advices from
England we may reasonably expect my Lord Belhaven in a
few weeks, I shall endeavour to keep all things as quiet as possible
til His Lordship's arrival, and overlook the madness of these
persons so far as is consistent with common justice, and the
preservation and honour of the Prerogative etc. No sooner
were the orders for restoring these gentlemen arrived, but the
restored members of Council industriously spread over the
Island a false rumour that I was sent for home, and, being
afraid to appear in Britain, had run away to Martinique etc.;
and one of them, at the head of the rest, had the ill manners
to insult my daughter with the same scandalous story at my
own house; and tho' I calmly expostulated with them, and
shew'd them the evil tendency of such behaviour to H.M.
Commander in Chief, yet my mildness has only encouraged them
to proceed to greater lengths; insomuch, that reflecting upon
me, and all the Gentlemen in the Island who will not joyn with
them in their extravagancys, is their daily entertainment.
Out of many such insults I could not but take notice of one
offered in a very publick Company by one Capt. John Swan,
who by virtue of the late Order had been restored to the command of a troop of horse: that Gentleman had the insolence
to call me son of a whore, to damn me and my friends for a
pack of dogs, and send me a message so very rude that I shall
not shock your Lordships with the repetition of it; and yet,
when I laid the inclosed deposition before the Council, and
afterwards Capt. Swan himself appeared, and could not disown
the fact, the Members of Council, upon my asking their opinions
refused to advise me to take his Commission from him; and,
instead of discountenancing, carryed him from the Council
with them to a publick treat. The refusal of the Gentlemen
of the Council to joyn with ye Assembly and their declaration
that the Excise Bill pass't by this Assembly is no Law, is like
to produce very ill effects etc. The Excise is the only publick
fund we have to subsist the Government with, and therefore
the encouraging the merchants not to pay it, alleging that the
Act is void, tends to bring us into the utmost confusion, as well
as to strip the Government of all subsistence and support. I
have laid this before the Council, represented to them the
bleeding state of our publick credit, which requires immediate
releif; but they are deaf to all importunitys, and obstinately
persist in refusing to act at all with this Assembly; nor will they
advise me to dissolve it, and call another; from which it is
plain their sole aim is confusion; however I am determined to
give them no offence but the continuing to exhort them to
peace and unanimity, and application to the publick affairs etc.
Since the restoring of the Judges there has been an universal
clamour at their stopping the common course of Justice; but
more especially in the Bridge Court, and in Scotland Court,
where above two hundred actions have been postponed, contrary
to Law, and the peremptory rules of the Court; many of which
were against the Judges and their Assistants. Permit me, my
Lords, upon this occasion to observe that Edmund Sutton Esq.,
who is Judge of St. Michaels or Bridge Court, and John Carter
Esq., who is Judge of St. Andrews or Scotland Court, do both
of them live within the precincts of the Courts they are Judges
of, and can only be sued there etc. Some years agoe, upon an
application to your Lordships' Board against Mr. Downes who
was Judge of the Bridge Court and lived in ye precincts your
Lordships were pleased to represent to Her late Majesty that
it was contrary to the Common Law and practice of England
that any man should be Judge of the Precincts where he lived,
and to offer it as your Lordships' opinion that the said Mr.
Downes should be removed and for the future no person should
be Judge of the Precinct where he lived; orders were sent
accordingly etc.: Pursuant to that Representation etc., I
thought myself bound in duty to act; and I perswade myself,
had it been known in Britain that Mr. Sutton and Mr. Carter
were Judges of Courts in their own Precincts, they had been
excepted in the Orders for restoring the Officers, especially
could the interruption they have given to Justice have been
foreseen, or had it been known there are so many suits depending
against themselves and their Assistants which they have stop'd
process upon; for the doing of which, there are complaints
already laid etc. I humbly offer it etc. to your Lordships'
consideration, whether the aforesaid regulation ought not to
be put in execution, and extended to Assistants, who are in
effect as much Judges in all respects (except seniority) as he
that is called Judge etc. Signed, Saml. Cox. Endorsed, Recd.
4th Dec., 1721, Read 11th Jan. 172½. Addressed. 3 pp.
675. i. Deposition of Richard Byrch. 7th Sept., 1721. On
Aug. 5th, deponent being at the house of Col. Jacson
drank the health of President Cox, whereupon Capt.
John Swan abused him and said "You may tell the
President he may kiss my a— like a son of a
whore etc." He afterwards told his negro slave to
shoot deponent and struck him etc. Signed, Richard
Byrch. Same endorsement. Copy. [C.O. 28, 17.
ff. 212–214, 215v.]|