America and West Indies: January 1728, 16-31

Pages 12-24

Calendar of State Papers Colonial, America and West Indies: Volume 36, 1728-1729. Originally published by His Majesty's Stationery Office, London, 1937.

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January 1728, 16-31

Jan. 13.
20. Governor Worsley to the Duke of Newcastle. Refers to letter of 21st Nov. last. Continues: On 7th Dec. I prorogued the Assembly to 20th Feb., during these prorogations the people have been more quiet than of late, saving the choice of a Vestry for the parish of St. Michael, where there was a very great struggle in order to fling out Judge Pilgrim, a gentleman of great honour, and probity, and entirely attached to H.M. person and government. This g was a Member of the last Assembly when they first attempted to bring in the self-denying bill, which he very vigorously opposed, and pre- vented the passing it in that Assembly, for which reason the factious party were resolved to hinder him from being chosen a Member of the present Assembly, and in order thereto, sat up Collo. Peers, son in law to the late President Cox, and one of the richest men in the Island, to oppose him; As Judge Pilgrim has always given such publick demonstrations of his great zeal for H.M. service, I should think myself deficient in my duty if I did not particularly recommend him as a person every way qualified to be a Member of H.M. Council here etc. Signed, Henry Worsley. Endorsed, Rd. March 8th. 3 pp. [C.O. 28, 44. No. 118.]
Jan. 13.
21. Same to the Council of Trade and Plantations. Duplicate of preceding. Signed, Henry Worsley. Endorsed Recd., Read 8th March, 1727/8. 2 pp. [C.O. 28, 19. ff. 172, 172v., 173v]
Jan. 18.
22. Order of Committee of Privy Council. Referring to Attorney and Solicitor General for their opinion the Act of Antigua for constituting a court to hold plea of foreign attachments etc. and the representation thereupon (v. 14th Dec. 1727). Signed, Robert Hales. Endorsed, Recd. 29th, Read 30th April, 1728. 1 p. [C.O. 152, 16. ff. 330, 331v.]
Jan. 18.
23. Order of Committee of Privy Council. Referring to Attorney and Solicitor General Act of Antigua for securing title of George Thomas etc., with representation thereupon, (v. 17th Nov., 1727). for their opinion. Signed and endorsed as preceding. 1 p. [C.O. 152, 16. ff. 334, 335v.]
Jan. 20.
24. Lt. General Mathew to the Council of Trade and Plan- tations. Is sending to Mr. Beak three Acts of St. Kitts, which he hopes will obtain their approbation etc. (i) For regulating vestries and erecting into parishes those parts of this Island formerly belonging to the French, and for annexing other parts of the said French lands to the parishes etc., and for repealing former Acts for regulating other vestries and for ascertaining the bounds of every respective parish, (ii) To enable the several parts of this island formerly belonging to the French to choose and send repre- sentatives to serve in the Assembly, to declare and ascertain the number of representatives for the whole island, what number each parish shall elect, and the several qualifications of the electors and candidates, to secure the freedom of elections, and repealing an Act of 1711 for preserving the freedom of elections etc. (iii) Re- pealing an Act for settling £2000 upon Governor Hart etc. Continues: The first became necessary not only for the reasons given in the preamble, but for laying a foundation whereon to build the second, than which nothing was more wanted to settle and quiet the propertys of the inhabitants of this island, which have been terribly bandyd about, and precarious even to pity, from the small number of the Representatives in former Assemblys. Twelve was the former number, of these seven were a House, and of these four were a majority and four by bad experience have been found for some years past to govern the whole, The supineness of some, depending circumstances of others, under daily threats of persecution in courts of law, where partiality, tyranny and injustice with strange methods of oppression were dayly us'd, these helped to give the four that power they vexatiously us'd to suck out the very hearts blood of the poor inhabitants of this island. But now, my Lords, those days we hope are over, and your Lordships recommending these two laws to be presented to H.M. for his assent, will be blessing this island with freedom and safety to their propertys. I shall not urge examples to convince your Lordships of the truth of my observations, as they are now provided against for the future, unless your Lordships order me so to do, nor mention the sturdy struggles I have had to get these provisions made for the public good, the oppositions almost equal to insults I met with, from those whose tyranny was thus to be overcome, or who abated and favour'd thro' fear or dependance these cruel men, and I am sorry to say that at the very Council Board they were able to influence the debates there. What happn'd in the Assembly I am no other wise inform'd of, than by the Minutes, and which that House have desir'd me by an Address (which I enclose) to lay before your Lordships, and for that purpose I transmitt them to Mr. Beake. When your Lordships examine these two laws, and find them free from the least private view, but wholly providing for a publick good, you would be at a loss, whence any opposition to them could have arisen, had I not thus candidly and impartially laid the truth before you. I was, I own, resolved to carry them if possible, and I have been detain'd, hitherto on this island, chiefly to compass them. I recommended the second to this Island twelve years ago, but could never till now obtain it: As a Commissioner for H.M. sale of lands I joind with the other Commissioners in informing their Lordships of the Treary. how much it concernd H.M. service, that those we sold to, should be equally concernd, with the rest of the island in the Legislature, and their Lordships were pleased to signify to us by Mr. Scrope, 4th Nov., 1726, that we should prepare and procure the passing such laws, etc. And, my Lords, that no one symptom might be to encourage jealousys, or countenance the many strange reports put about of private views of my own, and intentions of advantage to myself, as soon as these three laws were passed, I dissolv'd the present Assembly, and am issuing writts to call a new one, that a law I have had so much at heart for the islands good, the island may have an immediate advantage of. The third law is occasiond from Governour Hart's verbal resignation as mentiond in the preamble. It met with but one objection, and that was in Council, were it was suppos'd he might possibly return as Governour, but that was dropp'd on a recollection that H.E. himself had declard at that Board, just afore his departure, that the summe was exorbitant, and a burthen the Island was not able to bear. I pray leave to make a further remark on H.M. Commission to His Chief Governour here, and which I omitted 1st Dec. The provision in case of the Captain General and Lt. General's death or absence is that the chief Government should devolve to the Lt. Governour of Nevis, or at his death to the eldest Councellor and Council of that Island. I humbly submitt to your Lordships whether that provision was not first made when Nevis was the first seat of trade in these parts, from St. Christophers being often ruind by French invasions, in peace but half of it belonging to the Crown of Great Brittain, Antego hardly settled or cleard out of woods, and Montserat (at best) inferior to it. But now and for years past the chief trade of the Leeward Islands is at Antego, next and very near to it at St. Christophers, Nevis has quite losst it's trade, and is a desert island to what it was thirty years ago. If the reason that gave the preference to Nevis were still to prevail, the Lt. Governour of Antego, would command next to the Lt. General, and next to the Lt. Governour of Antego the Lt. Governour of St. Christophers. But, my Lords, as matters now are, Mr. Sybourg will hardly come to Nevis and here is now stated a case. In case of my death the first Counsellor of Nevis, assisted by the Council there will command the Lt. Governours of Antego and Montserat, does not H.M. place his Lt. Governours at the head of His Councils, must two, it may be three of them, be under the command of a Gentlemen without Commission, only a nomination to a seat at ye Council Board? At a General Council and Assembly that Gentleman would have place at the Council Board but from the date of his mandamus, and might still sitt below older Councellors of another island, whose very Lt. Govr. as the Commission now is, he might happen the next day to command. I submitt it to your Lordships whether it would not be more reasonable that in case of the Chief Governour's or Lt. General's death or absence the eldest Lt. Governour remaining, should command in chief, if the preference to Antego and next to St. Christophers be disapprovd, least it happen that a younger Lt. Governour may become commander of an elder. In the Islands Anguilla, Spanish Town and Tortola there are many good subjects, some not quite so good. At the ceremony of proclaiming H.M. there was some misbehaviour at Anguilla, I did not care to mention to your Lordships at that time, but now I do to recommend partly what I humbly offer to your Lordships as to those islands. Governour Hart chose Col. Phipps, who is first of the Council of this Island, a Gentlemen of great good nature, integrity and worth and gave him, as he was most acceptable to the people there, and best known among them, a Commission as Governour of these and all the Virgin Islands, and he out of honour to it, usd to go once or twice a year at his own expense among them, (for 'tis not worth half a crown a year) and by his presence and caracter, he usd to bring matters into some temper. There's indeed a particular Lt. Governour to each of them, but if his cudgell happen to be a whit less than a sturdy subject's, Good night Governour. Some how Col. Phipps displeased General Hart, and he was removd and his place supplyed by one Woodrope of this Island. His caracter is well known by every one that ever was this way, and I shall not trouble your Lordships with it, otherwise than to tell your Lordships, that to free those people from a Bassa, I restord Col. Phipps. In these islands there are continual contentions about their meum and tuum, poor as tis, I would therefore offer that some sort of a judicature be settled among them, at present the strongest has the best title. And this must be some sort of a Court, where every man may be heard to tell his own story. The Gentlemen of the Barr will not attend, they cannot pay them, a retaining fee at the standard of three or four years last past, would empty the pockets of a whole Island. Jurys too will be hardly found among such small numbers. The amount on the most populous of these Islands hardly reaches 200 familys. They deserve however some remedy against wrongs. Your Lordships wisdom can best say how. In criminal cases Justice and a method of it is as much wanted. Innocent blood is sometime shedd, and no atonement made. Such a misfortune hapnd some time ago, the criminal brought to St. Christophers, tryd and condemnd, broke gaol, is now at noonday amongst these Islands, and no remedy, for after all, Governour Hart was advis'd from home, his tryal at St. Christophers was illegal. I pray your Lordships a farther indulgence etc. Upon the death or absence of a Captain General, no provision is made to keep his Commission as Vice- Admiral in force here, in the person on whom the Chief Govern- ment devolves. How necessary it be it should be otherwise, your Lordships best know. The Commission of Capt. General provides, that does not. This hapned to be in point t'other day. Mr. Smith, Secretary of these Islands, sends me your Lordships report on his case, and His Grace of Newcastle's order to strengthen it. And thereon requird me to recall a Commission given by Governour Hart at Antego to a Register of the Admiralty, intimating at the same time Mr. Hart's disobedience in not doing it before; by way of advice, and what must follow etc. But here Mr. Smith and I differd a little in our construction of our mother tongue. He understands your Lops, are of opinion evry one commission'd for any branch he claims, he is immediately to be turnd out and he let in, and then the persons may get him out again by law, if they can, but I humbly con- ceive your Lordships did not mean such a remedy at law for person who could claim none after his Commission was recalld, but that your Lordships intended Mr Smith should continue possessd of evry branch he held at any time by his patent, or any Commission from Governor Hart and for the rest that your Lordships referrd him to his remedy at law on the validity of his patent, against any one that usurpd any his right. I mentiond this to him, but to no purpose. Mr. Smith and I are on terms of friendship, but he was growing angry, when this discovery, that I was not Vice-Admiral, came to my releif, but least he should begin any contention with me before your Lordships, I have prayd leave to say so much of the matter. I am this day honourd with your Lordships commands of the 31st Aug., 1727, requiring I should give directions to the proper officers, that all Acts and Minutes both of Council and Assembly should be fairly abstracted in the margins. In my own justification I could enclose a copy of my letters to the Secretary, and so long since as September. By what I have transmitted to your Lordships, you will see what that availd. I assure your Lordships I have sent all I have receivd. The Clerk of the Assembly of this Island alone complyd in this article. The Act I sent was abstracted by my own Clerk, as are the three I send now. He should have abstracted all the other papers I sent, had I known your Lordships would absolutely require it. But, my Lords, if the proper Officer does it, he is paid for it. My Clerk has little more than the wages I pay him. I shall signify to the proper officers your Lordships' orders, with all speed. Refers to enclosures and papers sent to Mr. Meure. P.S.—22nd Jan. This day H.M.S. Lark anchord at Basseterre with H.E. Governor Hunter on board. He did me the honour of dining with me on shore, immediately after Admiral Hopton in H.M. ship Lyon anchord in the same road, and accepted my invitation to come ashore. They were receivd with the best compliments I could make them, embarked again in the evening, and are sayld for Jamaica. Signed, William Mathew. Endorsed, Recd. 23rd March, Read 5th April, 1728. 10 pp. Enclosed,
24. i. Address of Lt. Governor, Council, Assembly and inhabitants of St. Christophers to the King. Loyal Address upon his succession. 89 signatures. Endorsed, Recd. (from Mr. Meure) 26th March, Read 5th April, 1728. 1 large p.
24. ii. Address of Assembly of St. Christophers to Lt. General Mathew. 19th Dec., 1727. The Assembly have nothing in view but the honour of His most sacred Majestie, the security of the island, and the preserva- tion and establishment of the just rights and priviledges which his Majestie and His royal predecessors have graciously been pleas'd to allow to all His British subjects etc. Yet there have been persons, and even within our doors, who (acting upon private and sinister designes) from the very first sitting of this House, have, as much as in them lay obstructed all our pro- ceedings for the publick wellfare and attempted to prevent or imbarrass the passing, even of those laws your Honour was pleased to recommend, and which they themselves arc ashamd to avow a dislike of. To this end they, by a behaviour and indecency of expression very unbecoming the Representatives of a country, endeavoured to intimidate the Members and introduce confusion in our debates, but finding they could not thus divert the House from their attention to the publick good, they then withdrew themselves from their attendance in it, tho' all or most of them allways appear'd in defiance of it, at the place of Sessions, on every meeting etc. We have just apprehensions that those restless persons etc. will misrepresent our proceedings to H.M. We therefore send your Honour a transcript of our Journals to be layd before H.M. and the Lords Commissioners for Trade for our justification etc. Signed, Matthew Mills, Speaker. Endorsed as preceding. 1 p.
24. iii. Address of Same to Same. 19th Dec, 1727. Offer tribute of thanks and affection for the "happyness and security we owe to your Honour's administration." Instance building of gaol and repair of forts, and erection of fortifications on Brimstone Hill, carried out by him with the greatest frugality and accurate accounts, of which every single article was proved to be paid for the publick use. "Under your adminis- tration, we first saw our publick credit rise. To put it upon an equal foot with that of private persons, was once thought impracticable etc., yet you rais'd it even higher etc., and it is [due] to you alone the publick publick is out of debt etc. Express gratitude for the laws which he proposed and has passed etc. Signed and endorsed as preceding. 1¾ pp.
24. iv. Journal of Assembly of St. Christophers, 5th Dec., 1727. The Committee of Accounts reported that Lt. General Mathew's accounts for fortifications were just, reasonable and exact. 12th Dec. Accounts passed. Same endorsement. Copy. 3¼ pp.
24. v. Opinion of Mr. Warner, Attorney General, upon Mr. Smith's demand that Lt. General Mathew should revoke Henry Warner's Commission for Register of the Admiralty in Antego (v. covering letter). Same endorsement. Copy. 2 1/8 pp.
24. vi. Lt.–General Mathew's Instructions to the Clerks and Treasurers of the Leeward Islands to abstract minutes in the margins etc. Sept. 18, 1727. (v. covering letter). Same endorsement. Copy. l½ pp.
24. vii. Christenings and Burials in St. Christophers, Michael- mas 1726–1727 (by parishes). Totals:—Christenings, 155; Burials, 94. Same endorsement. 6 pp. [C.O. 152, 16. ff. 231, 232, 233, 234, 235, 236, 237, 238, 239, 240–242, 243–244v., 245v.–250v., 251v, 252, 253, 254, 255, 256, 257, 257v.]
Jan. 22.
25. Anon to [? ] Revd. Sir, We wrote awhile agoe the Duke of Newcastle as also Sir Rot. Walpole the very de- plorable state of New England, but fear both our letters are miscarry'd etc. We H.M. subjects who went from Ireland to New England in the late insurrection of the Indians suffer'd the loss of all we had, excepting our lives (preserv'd by your garrison) were willing and desirous to return to our plantations and with many others lately arriv'd since petition'd the Genl. Assembly here for unappropriated lands in the Eastward near your Garrison. By our great numbers unanimity and contiguous building we should have been able to defend our- selves agt. the Indians and been a strong frontier to all the Eastern parts, but the Genl. Assembly who love none, yea hate all but those of their own country and profession rejected the petition p. 66, par. 1 of the votes whereby we, who before the late war spent all we had and made H.M. land capable of producing flax hemp and other naval stores, are cut off from all hope of returning to our former possessions. Since that they have made an act that no settlements shall be made to the eastward of North Yarmouth, and have withdrawn all the soldiers from the eastern parts whereby not only your garrison is left intirely to the mercy of the Indians page 50 (unless H.M. King George grant you a few souldiers to defend it) but many familys forced to leave their lands and dwellings with H.M. cultivated land to the Indians. We have sent you the Minutes to prove these things and particularly Mr. Menzies being expell'd the House for his fidelity vide asterisms.* Your son is turned out of his place under the pretext of exacting upon the Indians in commerce with 'em but they peaceably suffer their own countrymen to trade as they will. We all know 'twas impossible for him to stand agt. the New England antipathy which is very great agt. all presbyterians and Church people. Your daughter's character has been industriously struck at by the people here of New England, they say she was the Duke's whore, who for that reason recommended her brother to our Lieut. Govr. We humbly beg you'l lay all these things before his Grace with your own hand, and the affair of our Lieut. Govr., and the Captn. of the man of war, and we obtest and charge you that you answer such questions as his Grace shall put to you. We appeal to you or Mr. Hamilton for the truth of these things and desire you to send us an answer directed to the Revd. Mr. James McGregore at Nutfield to be communicated for we must not write our names lest our popular Lieut. Govr. cause us to be excommunicated as Mr. McGregore has been allready, only for ordaining a presbyterian Minr. in conjunction with his brethren etc. P.S. If the King don't take this country and South Carolina also under his more immediate Government we utterly dispair of seeing this or that a thriving Colony. Signed, J. S., A.D., J.M., A.F., S.N., Q.D., wt. 300 more. ¾ p. [C.O. 5, 898. No. 43.]
[Jan. 23.] 26. Petition of the Duke of Montagu to the King. Petitioner's intended settlement of Sta. Lucia having been disappointed by the French etc., prays for a grant of Tobago, in lieu of that of Sta. Lucia and St. Vincent, which petitioner offers to resign, (i) The settling of Tobago will very much augment the revenue of the Crown by the importation of the product of the said Island to Great Britain, and as the duties paid on the importation of the sugar product of Barbados only amounts to upwards of £25,000 a year of which £10,000 belongs to the Crown as part of the Civil List revenue, it is more than probable that in less than seven years time the duties on the importation of Tobago would be as much if not more by reason the produce of that Island would be very great, from its being new land without the Crown or Nation's being at the least expence. (ii) The settling of the said Island will encrease the exportation of the product and manufactures of Great Britain for the support of its inhabitants, and of consequence the number of ships and seamen of the Kingdom etc. (iii) So much more product will be imported to Great Britain, and consequently there will be so much more to be re-exported to foreign countries, which will also very much encrease the trade navigation and profit of the Kingdom, (iv) The settling of the said Island will be a great addition of strength to the British sugar plantations and a great security against the growing power of the French Colonies, every ship going from France to the French Islands being obliged to carry thither a certain number of families, by which the strength of their islands daily encrease, and they are now so powerfull as to be able whenever they think proper to endanger the loss of the British Sugar Plantations which are so considerable a branch of the Revenue to the Crown and trade of the Nation, unless guarded against in time by the additional strength of new settlements, (v) The settling of Tobago will be very advantageous in time of war from the situation of the Island which is such, that every ship going from Europe or Affrica to Portobello, La Vera Cruz, Havana, Carthagena, Portorico, Hispaniola, Cuba, or any other part of the New Spain must of necessity sail in sight of or near this Island. (vi) If not settled by the English it will some time or other be settled by some other Nation by which they will not only reap the benefit that England would have by settling this Island but their strength will thereby be still so much the more superior to that of Great Britain in that part of the world, etc. Signed, Montague. Endorsed, Recd., Read 31st Jan., 1727/8. Subscribed,
26. i. H.M. is graciously pleased to referr this petition to the Council of Trade and Plantations etc. Signed, Holles Newcastle. The whole, 5 pp. [C.O. 28, 19. ff. 47–49, 50v.]
Jan. 24.
27. Council of Trade and Plantations to the Lords Com- missioners of the Treasury. Request payment for Office expences and Officers' salaries for quarter ending Christmas last. Account annexed. [C.O. 389, 27. pp. 285–287.]
Jan. 29. 28. Protests in Council by Lt. General Mathew against the appointment of Chief Justice Greatheed and other Justices, quam diu se gesserint. St. Christophers, March 6th, 1727, with opinions thereon. Endorsed, Recd. 29th Jan., Read 5th April, 1728. Copy. 6 1/3 pp.
Protests in Council by Jos. Estridge, John Willett and Charles Payne. St. Christophers, 13th July, 1727, against the removal of Chief Justice Greatheed. Same endorsement. Copy. 3 1/3 pp.
[Jan. 29.] Opinion upon preceding by Ashton Warner, Attorney General, July 24th, 1727. Same endorsement. Copy. 3 pp.
[Jan. 29.] Deposition of Thomas Pilkington, Merchant of St. Christophers, 22nd July, 1727, as to the verdict of the Jury of which he was foreman against James Gordon. Signed, Tho. Pilkington. 1 p.
[Jan. 29.] Deposition of Richard Haukshaw, merchant of St. Christophers, 17th July, 1727, as to misbehaviour by Edward Johnson as Justice of the Peace, May, 1726. Signed, Richd. Haukshaw. ¾ p.
[Jan. 29.] The vindication of James Gordon in reply to the reasons given by Joseph Estridge and John Willett against his being appointed a Judge etc. Signed, James Gordon. 3 pp.
[Jan. 29.] Answer of Lt. Gen. Mathew to the dissent of Estridge, Willett and Payne to the appointment of William Pym Burt to be a Judge. 2 pp.
[Jan. 29.] Remonstrance and Information to Lt. Gen. Mathew against Chief Justice Greatheed. 3 pp.
[Jan. 29.] Minutes of Council of St. Christophers, 25th Feb., 1727 ff., relating to the removal of Chief Justice Greatheed. 2½ pp.
[Jan. 29.] Deposition of Thomas Pilkington. St. Christophers, 20th July, 1727, as to Chief Justice Greatheed's partial ruling in the case of Thomas Buttler v. James Milliken, wherein deponent was foreman of the jury. Signed, Tho. Pilkington. 1 p.
[Jan. 29.] Deposition of James Milliken. Aug. 2, 1727. As preceding. Signed, James Milliken. 1 p.
[Jan. 29.] Deposition of Thos. Bluett, 24th Aug., 1727. Chief Justice Greatheed refused to allow deponent, as attorney in case of Thomas Butler v. John Brownrigg, carpenter, for assault and battery, to pay costs and amend his plea according to the constant practice of the Court. Signed, Thos. Bluett. 1 p.
[Jan. 29.] Deposition of Thomas Davis. 17th Aug., 1727. Describes how Butler attacked Brownrigg (v. preceding) with sword and horsewhip, before Brownrigg threw stones at him in self defence etc. Signed, Tho. Davis, ¾ p.
[Jan. 29.] Deposition of Edward Mann. 18th Aug., 1727. In Aug. last Dr. Symon Allen desired him to introduce him to the Council when sitting in order that he might depose that Chief Justice Greatheed had received of him two bills as a bribe in a case he had depending before him. Dr. Allen afterwards became distracted and died so, but at that time was in his sound senses. Signed, Edwd. Mann. 1 p.
[Jan. 29.] Deposition of Thomas Bluett. 24th Aug., 1727. Practitioners in the Court of King's Bench frequently complained that C. J. Greatheed used great partiality in taxing bills of costs, allowing much larger bills to Mr. Spooner and Mr. Butler than to others etc. Signed, Thos. Bluett. 1 p.
[Jan. 29.] Deposition of Edward Claxton. 25th Aug., 1727. In an action brought by deponent against Thomas Bisse for goods delivered, C. J. Greatheed and Edward Johnson, a Justice Assistant, assessed damages and gave judgment for deponent for 1600 lb. sugar, and £36 9s. 2½d. current money, on the evidence of his books only, without a verdict of jury or other evidence, Thomas Butler being his lawyer. Signed, Edward. Claxton. ¾ p.
[Jan. 29.] Copy of clause in an Act of Courts of St. Christophers, 25th April, 1724, enabling Justices to determine actions under the value of £10 etc. 2/3 rds pp.
[Jan. 29.] Proceedings in the Court of King's Bench, 13th July, 1725, in the case of Butler v. Brownrigg (v. supra). Copy. 2 pp.
[Jan. 29.] Writ of attachment of the goods of John Brown- rigg, now absent from the island, as security for his answering Thomas Butler, Speaker of the Assembly, in his action against him (v. supra) 2nd June, 1725. Signed, John Greatheed. Copy. ¾ p. Overpage, List of goods attached accordingly. Signed, Edmd. Tannatt, D.P.M. ½ p.
[Jan. 29.] Writ of possession of a plantation recovered in judgment in the case of Elizabeth Crooke, widow, and Clement Crooke, infant, John Greatheed, Peter Thomas etc. v. Stephen Duport. Signed, Peter Thomas. 25th May, 1724. Possession given accordingly. Signed, Edmd. Tannatt, D.P.M., Aug. 11, 1724. 1 p
[Jan. 29.] Proceedings in the Court of King's Bench and Common Pleas in the case of Simon Allen and Eleanor his wife v. Benjamin Estridge in a plea of detinue of 24 negroes etc. 14th- 23rd May, 1724. Judgment of recovery for plaintiffs etc. Copy. 2 pp.
[Jan. 29.] Copy of writ of execution in above case, 21st Feb., 1724. Signed, John Greatheed. Copy. 1 p.
[Jan. 29.] Order of C. J. John Greatheed in Court of King's Bench, 9th March, 1727, in case of Prince and Bartholomew Lynch. Copy. ½ p.
[Jan. 29.] Proceedings of above Court in case of John Denn v. Robert Roe, a plea of trespass and ejectment for two planta- tions in the parish of St. John Capisterre, Joseph and Benjamin Estridge, lessors etc. 11th May-27th Aug., 1725. Copy. 3pp.
[Jan. 29.] Copy of clause in Act of Courts, 25th April, 1724, infringed by preceding. 1 p. [C.O. 152, 16. ff. 260–268, 270, 272–274v., 276–277, 278–279, 282, 284, 286, 288, 290, 292, 294, 295, 297, 298, 299, 299v, 302–303, 304, 305, 306, 308, 309, 310, 311.]
Jan. 31. 29. Duke of Montagu to the Council of Trade and Planta- tions. A very violent cold prevents me having the honor I intended my selfe in waiting on you to day etc. Encloses his petition (v. Jan. 23). Continues:—As what I aske of H.M. is to exchange the island of Tobago for those of St. Lucia and St. Vincent which are myne, and which I may safely say I have paid dearly for, I have sent your Lordships a copy of my grant of those Islands etc., hopeing that I shall not be put under harder conditions in my grant of Tobago then those I volun- tarily give up. I am informd that H.M. who has been so good allready to express his willingness to grant my petition provided your Lordships see no ill consequence from his doeing so, is desirous, that if the Island be granted to me, it may not be granted to me in the nature of a Proprietary Government, but that the soveranity of the Island, and the apointment of the Governor may be reservd to the Crown ; which is intierly my own sentiment, and which I very redyly agree to, and your Lordships will see that my grant of Sta. Lucia and St. Vincent was in that manner, but as I am desirous their may be as few objections as possible to what I desire, I have in a draft of another grant which I propose as a model of the grant of Tobago (v. end. ii), intierly separated the grant of the Island, from the grant of the Government which were in sum measure intermix'd in my grant of Sta. Lucia, etc. Your Lordships will find in it the soile of the Island onely, with such powers, jurisdictions, and advantages, which every Lord of a manor enjoies, and which it can be no prejudice to the Crown to grant, given to me my heirs and asignes for ever, next you will find the intire soveranity of the Island reserv'd to H.M. and his successors, then you will find the constitution of a Governor with his powers, which are the same with the Governors of the other Islands, and lastly is the office of Governor granted to me and my heirs male, which I hope your Lordships will have no objection to, sence in my grant of St. Lucia that office was granted to me and my heirs for ever, and that it woud be impracticable for me to undertake the setlement of the Island without being Governor of it, att leest for my lyfe, from the many inconveniencis which of nesesity woud arize in makeing such a setlement if the Government was in the hands of any person over whom I had no power ; and as I propose in this grant, which was not in my other, that the Deputy Governor which I shall apoint with the aprobation of H.M., shoud att any tyme be remov'd att H.M. pleasure, I hope you will find the Government of the Island will thereby be so much in the power of the Croun that you will not see any ill consequence in the Croun's granting me the office of Governor of the Island in the manner I desire, there is one other thing in this draft I recomend to your consideration, which I hope you will not think onreasonable, which is that as it must of nessesity be a great expence to me in makeing fortifications to secure the Island, that whenever the Government goes out of my famely, they may be reimbursed that expense, as to all the conditions on which the Island is to be granted to me you will find them the same as those on which St. Lucia and St. Vincent were granted me, with one more condition aded, which is, that as soon as I shall be in quiet possestion of the Island of Tobago I shall resigne all my right and tytle to the Islands of St. Lucia and St. Vincent to H.M. and his heirs. In the in- structions given to Lord Belhaven and Mr. Worsley by which they were impowered to grant lands in Tobago, the foure and a halfe per cent duty to be paid on the exportation of the product of those lands was not to comence tell ten year after the date of the grants, and if the same might be alowed now it woud be a very great encouragement to the settlement, but I submit every thing to your Lordships, and as I am persuaded you will think the setling of Tobago is att this tyme very nessesary to secure it to Great Britain from the encroachments that are daily made upon us by our neighbors, I flater my selfe you will not onely report in my favour, but that you will represent to H.M. the nessesity of asserting his right and suporting the setlement of that Island, espestialy since it will not be a proprietary Government. I shall conclude by beging of your Lordships to enjoin secrecy to your Clerks and other servants threw whose hands this afaire must pass, that if possible it may not be mentioned out of your Board, any where but in the other offices where of nessesity it must go threw, leest it shoud come to the knowlege of any of our neighbours whom I said before are glad of any opertunity to encroach upon us, and who very possibly upon the knowledge of a designe of settling this Island myte be beforehand with us. Signed, Montagu. Endorsed, Recd., Read 21st Jan., 1727/8. Holograph. 4 pp. Enclosed,
29. i. Duke of Montagu's Grant of Sta. Lucia and St. Vincents, 20th June, 1722. Enrolled in the Office of the Auditor of America, 27th July, 1722. Copy. Endorsed as preceding. 15 large pp.
29. ii. Draft of proposed grant of Tobago to the Duke of Montagu, referred to in covering letter. Same endorsement. 23 pp. [C.O. 28, 19. ff. 51–52v., 53v., 54–90, 91v.]