America and West Indies: August 1737, 16-31

Pages 230-240

Calendar of State Papers Colonial, America and West Indies: Volume 43, 1737. Originally published by Her Majesty's Stationery Office, London, 1963.

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August 1737, 16-31

August 17
Palace Court
460 Minutes of meeting of Trustees for Georgia. Received, receipt from the bank for 10l. subscription of Viscount Tyrconnel. [See No. 440.] Received of John Laroche, 10l. his subscription towards building two churches in Georgia and other religious uses. ½ p. [C.O. 5, 687, p. 37.]
August 17.
461 Peter Leheup to Andrew Stone enclosing the following papers and asking that the necessary steps may be taken. Signed. ½ p. Enclosed,
461. i Extract of letter dated Virginia, 22 June 1737, from Lieut.Governor William Gooch [to Peter Leheup], enclosing copy of the record of conviction of Mary Thornton for the murder of her bastard child. All the judges were of opinion that there appeared circumstances sufficient on her trial to induce them to believe the child was still-born and have therefore unanimously desired me to obtain for her H.M.'s pardon by getting her name as usual in the Newgate list. She is a very poor woman, must lie in prison till it comes over at the country's charge, so I hope to have it by one of the first ships. Copy. ½ p.
461. ii. Record of the conviction of Mary Thornton in the General Court of Virginia at Williamsburg, 19 April 1737. Copy. 1 sheet. [C.O. 5, 1337,fos. 195–199d.]
[August 18.] 462 Memorandum of British title to Carolina and Georgia, based on the discoveries of the Cabots, the capture of St. Augustine by Sir Francis Drake and Charles IIs grant of 1665 to the Lords Proprietors of Carolina. Georgia is, with respect to foreign princes, part of Carolina; and Carolina is comprehended in the treaty of 1670 as part of the dominions of the crown of Great Britain. There can be no pretence for the Spaniards to dispute possession since besides the inhabitants and the Indians who have submitted to the king of Great Britain an independent company belonging to H.M. was in garrison upon the Altamaha river and detachments from them possessed as far as 30º 2" [sic] till after the year 1720 when they changed quarters and went to Port Royal. With respect to insults or hostilities, none has been committed by any British inhabitant of Georgia; far from it, for the officers of Georgia restrained the Indians from taking revenge upon the Spaniards for a cruel murder lately committed by a party from St. Augustine, and the kind treatment given to the Spaniards on all occasions appears by the late governor of St. Augustine's letters to Mr. Oglethorpe. From the above undoubted evidence it is manifest that the king's dominions in North America extend as far as the 29th degree north and that the Parliament of Great Britain was well satisfied that they did since they purchased so far from the Proprietors. The only dispute which can remain is whether the 29th degree belongs to the king of Great Britain or to Spain. 2 pp. Endorsed, Recd, from Mr. Oglethorpe, 18 August 1737. [C.O. 5, 654, fos. 113–114d.]
August 18.
Hampton Court.
463 Order of King in Council referring seventeen Acts passed in Massachu setts in February last to Council of Trade and Plantations for their opinion thereon. Signed, W. Sharpe. Seal. 1 p. Endorsed, Recd. 30 August, Read 31 August 1737. Sent to Mr. Fane 31 August, Recd, back 16 January 1737/8: no objection. Enclosed,
463. i. Certificate that the following Acts were passed: Acts for supplying the Treasury with 18,000/. in bills of credit of present form and 9000/. in bills of a new form; to prevent tearing and defacing bills of credit; for regular appointment of petty jurors; for regulating porters in Boston; for making more effectual provision for service of summons; for relief of poor prisoners for debt; in addition to Act for highways; for payment of town and precinct rates; in addition to Act directing admissions of town inhabitants; to prevent gaming; to prevent theft; for regulating service of executions by sheriffs and coroners; for altering times for holding courts; for better regulating swine; obliging coroners to give security for due performance of office; in addition to Act for killing wolves; for killing wildcats. Signed, J. Belcher. J. Willard, secretary. Seal. 2½ pp. Endorsed, Recd, from Agent Wilks, 28 July 1737.
463. ii. Copies of the above Acts. Printed. 28 pp. [C.O. 5, 880, fos. 22–39d.]
August 18.
Hampton Court.
464 Same directing the governors of Maryland and Pennsylvania to permit no riots or tumults such as that complained of in which the house of Qne Cresap wag attacked and a man med, Until H.M.'s pleasure be further signified, the said governors are enjoined to make no grants of land and to permit no settlement in the contested lands and in the three lower counties of Newcastle, Kent and Sussex. Copy, certified by W. Sharpe. 2½ pp. Endorsed, Recd. 12 September, Read 14 September 1737. [C.O. 5, 1269, fos. 3–4d.]
[August 18.] 465 Memorandum of defence of Georgia. By a memorial letter dated 21 September 1736 the Spaniards demanded as far as 330º 50" latitude, which is all Georgia and South Carolina. They have since increased their garrison in the neighbourhood. They have sent over a man who himself confesses that he is to guide them in the invasion of those provinces. They now by a second memorial demand that the king would send over no forces to defend his frontiers though they have sent sufficient to conquer them. The safety of several thousand British subjects there and of 30,000 slaves will depend upon the Spanish pleasure; for if there are no forces there they can at will destroy the one and take the other. And it is submitted whether their honour will be sufficient to prevent them from taking the advantage of the defenceless condition of that country and resist the temptation of 600,000l. sterling which will be the benefit by taking the slaves, besides the advantages from the conquest of those valuable provinces. If they should choose the profitable rather than the honourable part, what method can be taken for satisfaction? Have they not shown in the seizures of the South Sea Company's effects and of the merchant ships how difficult or impossible it is to recover anything from them? What planters will stay, much less improve, under these circumstances, a Spanish claim made to all their lands backed by regular forces and none to protect them? If the measures proposed before the presenting the last memorial are pursued (vizt. to send a regiment of 600 men besides officers to protect a province purchased by Parliament and settled under royal and parliamentary encouragement), they can give no just umbrage to the Spaniards since the number of men is too small to hurt them and hardly sufficient to protect the king's subjects, 1¼ pp. Endorsed, Recd, from Mr. Oglethorpe, 18 August 1737. [C.O. 5, 654, fos. 111–112d.]
August 19.
466 Louis, Count of Zinzendorf, to [Trustees for Georgia (fn. n1) ]. I gratefully accept the grant you have made for my servants in Georgia: I hope they will meet all their obligations properly. But the principal point, which to my great surprise does not seem to have merited your notice, is that which I thought to have insisted on most and which our people have most at heart: they will not bear arms or use force against anyone, and if any attempt is made to compel them they will withdraw. I beg you to give definite orders either to leave them in peace in this respect or to permit them to make other arrangements. I think the honour of the British nation, always a good mother of her citizens and tender to preserve the liberty of their consciences, requires that they be dispensed. French. Signed. 4 pp. [C.O. 5, 639, fos. 398–399d.]
August 19. 467 Lieut.-Governor William Gooch to Council of Trade and Plantations, enclosing report of the commissioners appointed on behalf of the king to settle the boundaries of Lord Fairfax's grant of the Northern Neck, together with a map of the territory claimed by Lord Fairfax and a description of the limits challenged by him, as also those to which H.M.'s commissioners apprehend his lordship ought to be confined. It is very unfortunate that this controversy could not be determined here according to H.M.'s intentions, to which it appeared Lord Fairfax was consenting until the commissioners were ready to go out upon that service; then and not before it was that Lord Fairfax first declared he would not submit the determination of his bounds to any man or men in this country. How he came to change his mind after he had been six months in this country is what he must account for. As I hope what the king's commissioners have done and reported, though separately, will be approved of by H.M., I shall not trouble you with anything more upon this subject than only to acquaint you that notwithstanding the charge of surveyors, chain-carriers etc. has been reduced as low as the nature of the service could admit, it amounts to about 800l. currency, though the commissioners have received no satisfaction for their trouble, which they humbly hope will be 200l. each.
Such has been the inclemency of the weather during this summer that the crops both of tobacco and corn, for want of rain, are like to prove very deficient insomuch that it has been thought fit to prohibit the export of all sorts of grain and it is to be feared the poorer people will suffer extremely, having little corn of their own produce and many of them no tobacco to raise money to purchase it if it be to be had.
About the middle of last April there arrived here from London two gentlemen, Huber, a native of Geneva, and Mackercher, a native of North Britain, and after a few days stay they proceeded to Maryland where they were recommended by Lord Baltimore and where they were engaged to make the first discovery of their errand, which is to enter into contract with the planters to purchase there and in this colony 15,000 hogsheads of Oronoco tobacco for the account of the French farmers of that commodity. Mr. Huber is still in Maryland but about ten days since Mr. Mackercher returned hither and has communicated his scheme in the public papers, and in conversation has heard the objections to it, and designs back to London in a little time to consult his principals upon them. As they propose no other method of carrying on this trade but what is strictly agreeable to the Laws of Navigation I can foresee no inconvenience in the project except the loss it will be to the British merchants in the profit they now make by commissions and other perquisites on the sales of such tobacco which by this method will fall into other hands. But if instead of the planters running the risk of the tobacco home and receiving their price as it weighs upon its delivery at the king's scales, as the gentlemen at first proposed, these farmers will consent to purchase and pay the price here in money or bills of exchange and run the hazard themselves of the voyage, the planters (I will answer for them) will come into it; for it would turn not only to their advantage but to the benefit of the trade in general by being disburthened of that load of mean tobacco which now lies heavy on the merchants' hands and lessens the value of the sweet-scented as well as the better kind of Oronoco, besides a relief to them from the necessity they are now under of hurrying away to foreign markets the old tobacco on purpose to discharge their bonds when they are uncertain whether there be any demand for it. Enclosed are accounts of revenues of quitrents and 2s. per hogshead. Signed. 3 pp. Endorsed, Recd. 28 November, Read 30 November 1737. Enclosed,
467. i. Williamsburg, 10 August 1737. Report to Lieut.-Governor Gooch by the commissioners appointed in obedience to H.M.'s order-in-council of 29 November 1733 for surveying and settling the boundaries of the land granted by the crown to the ancestors of Thomas, Lord Fairfax, with the reasons why the commissioners have not been able finally to determine the said boundaries. Lord Fairfax, having first agreed to accept the king's commissioners as his own, later refused to give them any power other than to survey the boundaries claimed and report the facts; which they would not consent to. Lord Fairfax thereupon appointed commissioners of his own, Charles Carter, William Beverley and William Fairfax, but with no power to determine any boundaries. These commissioners claimed for Lord Fairfax all the land contained within the south branch of the Rappahannock river and the main branch of the Potomac as high as the headsprings thereof. The two sets of commissioners agreed to survey the whole of this territory. To survey the main branch of the Potomac, called the Cohongarouton, Mr. Mayo and Mr. Brookes were appointed on the king's behalf and Mr. Winslow and Mr. Savage for Lord Fairfax: their orders were to begin at the confluence of that river with Sharando and from thence to run the courses and measure the distance to its first spring, and of all this to return an exact plat together with a fair copy of their field notes. They were also directed to take the latitude and observe particularly where the said river intersects the 40th degree. In like manner Mr. Graeme and Mr. Thomas the elder were appointed to survey the south branch of the Rappahannock, now called the Rapidan, from the fork to the headspring; and Mr. Wood and Mr. Thomas the younger to survey the north branch, called the Rappahannock. At the same time the surveyors of the several counties in the Northern Neck were empowered to survey the boundaries of their counties adjoining the Potomac and Rappahannock rivers and the Bay of Chesapeake.
These surveys were made and a map completed in a masterly manner. The king's commissioners report separately from those of Lord Fairfax because the latter were not directed to report in conjunction with the king's and because no agreement could be reached about naming a fit person to form the general map. As to Lord Fairfax's claim, the commissioners can find no evidence that the fork of the Rappahannock river had been discovered at the time of Lord Colepeper's grant. From the surveys made they cannot say which of the two branches is the larger. As Lord Fairfax has produced no evidence to support his claim to the southern branch, the commissioners offer the proofs for restraining his bounds to the northern branch in case it be allowed that he has any right beyond the fork.
The northern branch has from first discovery been called the Rappahannock whereas the southern branch about 20 years ago obtained the name of Rapidan; the northern branch has been a settled boundary to the counties in the Northern Neck; and in 1720 an Act of Assembly erected the county of Spotsylvania which is particularly bounded on the north by the Rappahannock, that is the northern branch. The land between the two branches was settled under the encouragement of exemption from purchasing rights and quitrents. Lord Colepeper in 1686 made a grant to Brent and others of a tract of land to be laid off in such manner as not to come within six miles of the rivers Rappahannock or Potomac; accordingly that distance was observed from the northern branch, which seems a confession that it is taken by the patentee himself from the beginning to be the main branch of the Rappahannock. In several grants of the proprietor's lands which bounded on the northern branch, the river is called the main run of the Rappahannock.
As for the Potomac, it appears that about the time of Lord Colepeper's grant there were no settlements higher than Hunting Creek. Just beyond the Blue Mountains this river divides into two branches, the Cohongorouton and the Sharando; at this fork the name of Potomac ceases so that the fork may not improperly be called the head. In 1730 a good number of foreign Protestants were settled beyond the mountains but no discovery extended very far until this present survey revealed that the Cohongorouton extends 200 miles above the fork. The Rappahannock does not reach higher than the mountains; it could never have been the intention of the grant to bound the territory by streams one of which runs 200 miles higher than the others.
If it shall be thought just to bound Lord Fairfax's claim by a line drawn from the Potomac fork to the Rappahannock fork, his territory will contain at least 1,476,000 acres; if by a line from the head of Hedgman river to the Potomac fork, 2,033,000 acres; if by a line from the head of Hedgman river to the headspring of Cohongorouton, 3,872,000 acres; if by a line from the head of Conway river to the head of Cohongorouton, including the great and little fork of Rappahannock, 5,282,000 acres, which is about as much land as at present pays quitrent to H.M. in all the rest of Virginia. If Lord Fairfax should be so fortunate as to have these extensive bounds adjudged to him, the commissioners beg that the case of all those persons possessed by grant from the crown of lands within those bounds should be recommended to the king. Signed, William Byrd, John Robinson, John Grymes. 8½ pp. Endorsed, as covering letter.
467. ii. Williamsburg, 7 September 1736. Commission by Lieut.-Governor Gooch to William Byrd, John Robinson and John Grymes, members of H.M.'s council of Virginia, to examine and determine all matters concerning the claim of Thomas, Lord Fairfax, to the land between the Rappahannock and Potomac rivers. Copy. 1½ pp. Endorsed, as covering letter.
467. iii. 9 September 1736. Commission by Thomas, Lord Fairfax, to William Byrd, John Robinson and John Grymes, to make a survey of the land between the Rappahannock and Potomac rivers and to report the facts to the governor of the province to be laid before H.M. Sealed in the presence of W. Fairfax and Edward Barradall. Copy. 1½ pp. Endorsed, as covering letter.
467. iv. 13 September 1736. Commission by the same to Charles Carter, William Beverley and William Fairfax, to survey the lands between the Rappahannock and Potomac rivers and to report the facts. Attested as preceding. Copy, certified by Charles Carter, William Beverley, William Fairfax. 2 pp. Endorsed, as covering letter.
467. v. Affidavit sworn by John Taliaferro before William Byrd and in the presence of the commissioners of H.M. and Lord Fairfax, 29 September 1736. In 1707 there were but three settlements on the south side of the Rappahannock above Snow Creek which is 9 miles below the falls. On the northern side the highest plantation deponent knew at that time was about three miles below the falls. The forks were known as the north fork and the south fork until 20 years ago when Col. Spotswood named the south fork Rapidan, the other fork being called Rappahannock or the north river. Copy. ⅓ p.
467. vi. Affidavit sworn as preceding by Francis Thornton, 2 October 1736. 34 years ago there were only two settlements on the south side of the Rappahannock above Snow Creek, the uppermost of which was about four miles below the falls. On the north side the uppermost plantation was about two or three miles below the falls. Deponent has been acquainted with the fork for 26 years, one fork being commonly called the south branch and the other the north branch. Copy. ⅓ p.
467. vii. Affidavit sworn as preceding by William Russell, 1 October 1736. Deponent testifies to same effect as No. 467 v. with regard to the names of the forks. Thirty odd years ago the uppermost settlement was a tobacco house built by Capt. Mountjoy now Col. Carter's quarter on the north side a little below the fork. There was a plantation at Scales, about two miles below the falls. Copy. ⅓ p.
467. viii. Affidavit sworn as preceding by Thomas Harrison, 17 June 1737. About 63 years ago the uppermost settlement on the Potomac was no higher than Hunting Creek, about 15 miles below the falls; in the Susquehannah war the people there were obliged to retire. About 50 years ago sundry families settled there again, at which time the falls of Potomac were not known. Copy. ⅓ p.
467. ix. Bargain and sale indented by Thomas, Lord Colepeper of the one part and George Brent of Virginia, Richard Foote of London, Nicholas Hayward of London and Robert Bristow of London, of the other part, 10 January 1686/7. Lord Colepeper grants to Brent and the others 30,000 acres of land in Stafford county between the Rappahannock and Potomac rivers backwards at least six miles distant from the said main rivers. Copy. 3 ¼ pp. Endorsed, as covering letter.
467. x. Grant by Marguerite, Lady Culpeper and others to Philip Ludwell of 2020 acres of land in Richmond county on the main river of the Rappahannock, 1 June 1709. Copy, certified by W. Fairfax. 1 p.
467. xi. Grant by same to same of 3840 acres of land in Richmond county, 2 June 1709. Copy, certified as preceding. 1 p. Endorsed, as covering letter.
467. xii. Grant by Governor Nott to Harry Beverly of 1920 acres of land in Essex county, 2 November 1705. Copy, certified by Matthew Kemp. ½ p.
467. xiii. Grant by the Crown to Robert Carter of 392 acres of land in Essex county, 22 January 1717/8. Copy, certified as preceding. ½ p.
467. xiv. Grant by same to same of 3640 acres of land in Essex county, 22 January 1718/9. Copy, certified as preceding. 1 p.
467. xv. Grant by same to Henry Willis of 3000 acres of land in Spotsylvania county, 1 February 1726/7. Copy, certified as preceding. 1 p. Endorsed, as covering letter.
467. xvi. Letters patent of Charles II to Thomas, Lord Colepeper, granting all that land bounded by and within the head of the rivers Rappahannock and Potomac, 8 May 1669. Copy, certified as preceding. 6 pp. Endorsed, as covering letter.
467. xvii. Letters patent of James II to Thomas, Lord Fairfax, confirming the preceding, 27 September 1688. Copy, certified as preceding. 3 pp. Endorsed, as covering letter.
467. xviii. Account of H.M.'s revenue of 2s. per hogshead arising within the colony of Virginia, 25 October 1736–25 April 1737. Balance brought forward, 5458/. 7s. 6d. Receipts, 1137l. 7s. 11d. Disbursements, 2352l. 12s. 6d. Balance remaining, 4244l. 2s. 11d. Signed, John Grymes, Receiver-General. Audited by John Blair, Deputy-Auditor, 5 August 1737. Passed by William Gooch. 2 pp. Endorsed, as covering letter.
467. xix. Account of H.M.'s revenues of quitrents arising within the colony of Virginia, 25 April 1736–25 April 1737. Balance brought forward, 8363l. 12s. Receipts, 3885l. 14s. 8d. Disbursements, 7713l. 8s. 6d. Balance remaining, 4535l. 18s. 2d. Signed, audited and passed as preceding. 4 pp. Endorsed, as covering letter. [C.O. 5, 1324, fos. 64–67d, 69–98d.]
August 20.
468 President James Dottin to Council of Trade and Plantations, enclosing public papers. By H.M.'s 46th instruction the commander-in-chief is directed for the prevention of long imprisonment to appoint two courts of oyer and terminer to be held yearly, vizt. on second Tuesday in December and second Tuesday in June, the charge whereof not exceeding 100l. each sessions is thereby mentioned to be paid by the public treasury of this island. I presume this instruction, which is renewed to every governor, was first made before a law of this island dated 11 May 1708, which has been confirmed at home, and which appoints the holding of such courts in the manner mentioned in the instruction; but by one of the clauses enacts that the incident charges of each sessions as to the entertainment of the court and jurors, not exceeding in any session 100l. sterling, shall be paid out of H.M.'s casual revenue arising in this island, such payment to be made by the casual receiver for the time being on an order from the governor or commander-in-chief by and with the assent of the council. But the casual receivers having often alleged that they had not sufficient in their hands to defray these expenses, our legislature has made provision for payment out of the treasury, expecting that when the casual receiver has enough in his hands to answer this demand he will pay the same and save that charge to the country, whose credit at present is at the lowest ebb. There has of late been many large sums come into the casual receiver's hands arising by fines and other forfeitures incurred at the sessions, so that he has more than sufficient to defray the expenses of the court, the doing whereof would save a considerable sum to this sinking island. But as this instruction expressly directs it should be paid out of the treasury and is dated long after the passing the law (though probably first conceived before it) I will not give an order on the casual receiver before I know your sentiments hereon, which I am desired by the council earnestly to entreat you to give, that this expense may be saved to the country and paid according to the Act. For otherwise, it is imagined these courts of grand sessions cannot be continued, as no person will undertake to provide for the entertainment of them to be paid by the public; and as this provision for the payment of it out of the treasury is made by an annual Excise Act it may possibly be discontinued when it is found that the casual receiver is not to pay it. John Maycock, pursuant to H.M.'s directions, has been sworn a councillor. Signed. 1½ pp. Endorsed, Recd. 17 October 1737, Read 21 April 1738. Enclosed,
468. i. List of papers sent to Council of Trade and Plantations: Acts to prevent exportation of clay; to prevent hardships by forestalled, ingrossers and regrators; to enable assignees of debts to commence suits; for ascertaining the price of meat; minutes of council, 1 September 1736–5 July 1737; minutes of general assembly, 28 October 1736–28 June 1757. l p [C.O. 28, 25, fos. 58–61d.]
August 2O
469 Same to Duke of Newcastle. I have not been honoured with any of your commands for a long time. If H.M. had thought proper to have given any further directions concerning those islands stipulated to be evacuated by the English and French, it would have given me much pleasure and I should most cheerfully have endeavoured to pursue all proper measures to remove the French, who greatly increase in their settlements on these islands, therefrom, as it gives the inhabitants here much concern which you will observe by the council and assembly's addresses to me in the minutes of council of 10 May and 5 July last. This letter accompanies the public papers. By H.M.'s 46th instruction the commander-in-chief is directed for the prevention of long imprisonment to appoint two courts of oyer and terminer to be held yearly. [Continues, as preceding] I return thanks for H.M.'s approbation of the two gentlemen I recommended to be of the council here. Signed. 2 pp. [C.O. 28, fos. 405–406d.]
August 22.
470 Thomas Causton to [Trustees for Georgia (fn. n2) ], enclosing receipts for cash paid and the particular issues at the store to 24 June last. The several accounts current explaining the reasons for each of these will be finished with very shortly and sent by the next conveyance to Charleston. The people are generally in good health, both here and at the southward, and have the happiness now to be well provided with food. As my diary contains the most material occurrences I hope my reference thereto will excuse me from saying anything further at present. Signed. 1 small p. Endorsed, Recd. 1 December 1737. [C.O. 5, 639, fos. 401–402d.]
August 22.
Georgia Office.
471 Harman Verelst to Thomas Causton, by the Charles, Capt. James Reid. 1000l. in sola bills of 5l. each, C. 331–530, are sent herewith. As Mr. Qglethorpe is in England and his name is necessary to the bills, these are made out issuable in Georgia for value there to be received either by himself or his order; and Mr. Oglethorpe on the back of these bills has directed you to issue them for the value thereof. Therefore you are to fill up the days of issuing and the person to whom, and sign the issue yourself, filling up the cheques also that you may know hereafter to whom each bill was respectively issued, for which purpose you are to keep the cheques after the bills are indented from them when issued. The Trustees desire you will send them an account by the first opportunity what demands remain unsatisfied that they may know the state of their cash and provide for answering the establishments to Lady Day 1738 by sending sufficient sola bills. And they again repeat their directions for your conforming to the rules of their establishments without making any other expense whatsoever. I have sent Mr. Eveleigh the Daily Advertisers, 18 June 1737–20 August 1737, which I have desired he will forward to you. I have sent you two locks and keys fastened upon the small box to put to a chest to be made in Georgia for keeping the seal for the town-court in and the books and papers of record, which keys are to be kept by two of the magistrates. Entry, 1 p. [C.O. 5, 667, fos. 35d, 36.]
August 22.
Georgia Office.
472 Same to Samuel Eveleigh, enclosing Daily Advertisers, 18 June 1737 20 August 1737, to be forwarded to Mr. Causton. Entry. ¼ p. [CO. 5 667, fo. 36.]
August 22.
On Mary Ann in
Studland Bay.
473 William Stephens to Harman Verelst, enclosing the following. Please impart it to my friend at Whitehall and to my son. Signed. ¼ p. Enclosed,
473. i. Journal of Mary Ann, 13 August-20 August 1737, Gravesend to Studland Bay. Signed, William Stephens. 1 p. [C.O. 5, 639, fos. 329–331.]
August 24.
474 Alured Popple to John Hamilton, sending circular queries relating to New Jersey. Entry. ¾ p. [C.O. 5, 996, p. 400.]
August 24.
475 Same to Lieut.-Governor George Clarke, enclosing circular queries relating to New York. Entry. ½ p. [C.O. 5, 1126,fo. 34.]
August 24.
Place Court.
476 Minutes of meeting of Trustees for Georgia. Received, receipts from the bank for 10l. paid in by John Laroche and 10l., the subscription of Hon Edward Digby, both towards building two churches in Georgia and other religious uses, ¾ p. [C.O. 5, 687, p. 38.]
August 24.
477 Council of Trade and Plantations to Duke of Newcastle, transmitting the following. Having lately sent you some papers on the same subject we have nothing further to add. Signed, Monson, R. Plumer, T. Pelham. 1 p. Enclosed,
477. i. Memorial of John Thomlinson to Council of Trade and Plantations. Copy, of No. 478. 8½ pp. [C.O. 5, 752, fos. 306–313d; entry of covering letter in C.O. 5, 917, fo. 101d; draft of same in C.O. 5, 896, fo. 91, 91d.]
[August24.] 478 Petition of John Thomlinson, agent for the Assembly of New Hampshire, to Council of Trade and Plantations, protesting against the proclamation of Governor Belcher of 23 May for the detection of persons concerned in the secretion of a packet directed to him. The packet was directed to the governor of New Hampshire or in his absence the lieut.-governor, to be delivered to whoever had the supreme command at the time. If the instructions for New Hampshire had been sent to Governor Belcher in Massachusetts, New Hampshire might have been left ignorant of H.M.'s instructions with regard to the boundary commission. Petitioner complains further of Governor Belcher and hopes that the Council of Trade and Plantations are truly sensible of the cruel oppression and tyranny under which New Hampshire has laboured and must continue to labour so long as they are governed by a native of Massachusetts. Signed. 4½ pp. Endorsed, Recd., Read 24 August 1737. [C.O. 5, 880, fos. 12–15d.]
August 25.
Hampton Court.
479 Duke of Newcastle to Lieut.-Governor William Gooch. H.M. has pardoned Mary Thornton, found guilty of murder of her bastard child Attested copy of warrant enclosed. Entry. 1 p. [C.O. 324, 37, pp. 80–81.]
August 31.
480 Alured Popple to Francis Fane enclosing 17 Acts passed in Massachusetts in 1736 for his opinion in point of law, vizt. Acts for supplying treasury with 18,000l. in bills of credit of the present form and 9000l. in bills of credit of a new form for discharging the public debts; to prevent defacing bills of credit; for regular appointment of petty juries; for regulating porters in Boston; for providing for service of summons; for relief of poor prisoners for debt; concerning highways; for securing seasonable payment of rates; concerning admission of town-inhabitants; to prevent gaming; for preventing and punishing theft; for regulating the service of executions by sheriffs and coroners; to oblige coroners to give security for due performance of their office; for altering times of holding courts; for regulating swine; concerning killing wolves; for encouraging killing of wildcats. Entry. 4 pp. [C.O. 5, 917 fos. 102–104.]
August 31.
481 Council of Trade and Plantations to Duke of Newcastle, enclosing the following papers. By which you will see that the Spaniards continue their depredations on H.M.'s subjects in America. Signed, Monson, T. Pelham, R. Plumer. 1 p. Endorsed, Copy of this and the three enclosures sent to Mr. Keene, 12 September. Enclosed,
481. i. Governor Mathew to Council of Trade and Plantations, St. Christopher's, 14 June 1737. Copy, of No. 339 i. 3 pp.
481. ii. Extract of letter from the same to Alured Popple, 18 July 1737. The Spaniards have begun again their depredations and cruelties within this government, from Porto Rico as by enclosed affidavit. Copy. ½ p.
481. iii. Affidavit of John Harris, sworn before William Mathew, 11 July 1737. Copy, of No. 408 i. 3 pp. [C.O. 152, 40, fos. 303–311d; entry of covering letter in C.O. 153, 16, fo. 65.]
[August 31] 482 The General Plan of Mr. Hamilton's intended settlement in South Carolina. (1) I propose to give every family, one with another, 200 acres of land in fee for ever, free for the first five or six years; after the expiration of which term they oblige themselves to render me one-fifth part of everything their land produces or in lieu thereof a certain rent not exceeding 1s. per acre, and to be obliged to make their option within 15 years. (2) The things I oblige the people to propagate are wine, currants and raisins, oil, coffee, cocoa, hemp, flax, wax, honey, saffron, together with all kinds of corn and cattle for provisions; and I oblige myself to furnish every family with the first species of these commodities within 12 months after their arrival in Carolina and likewise to furnish them with people skilled to instruct them, under penalty of receiving no consideration for the land I let them. (3) I oblige myself to furnish every family with a certain quantity of provisions when they arrive, which they oblige themselves to repay me in kind or the value thereof in other commodities at the expiration of two years from their arrival.
On these terms I have already agreed with about 140 families who are ready to enter into writings as soon as I am prepared so to do. And in order to make my settlement effectual and extensive I have agreed upon terms with several gentlemen who will oblige themselves to procure me as many people (such as I would have) as will be sufficient to settle twice this quantity of land in the manner and on the terms I propose, Wherefore I can with safety oblige myself to settle this or any other tract of land H.M. will be pleased to grant me in the space of 10 years, which if I do not I submit to forfeit what I do not settle. My design is more particularly adapted to the interest of Great Britain than any settlement ever attempted in America; and still more so as I am resolved to let no one thing be manufactured by the people I settle which is manufactured in any part of Great Britain, which I conceive is the true way to make the colonies easy and happy in themselves and truly useful to their mother country. The only indulgence asked for is liberty to take up land in any convenient place where it has not already been taken up by anyone else. NB. 1000 families will settle 200,000 acres at 200 acres to each family, one with another; and if I could accommodate them I am able to bring 10,000 families to that province upon the preliminaries I have mentioned and within the space of time. 2½ pp. Endorsed, Mr. Hamilton's General Plan, received from him. Recd., Read 31 August 1737. [C.O. 5, 366, fos. 16–17d.]
[August 31 (O.S.)]
September 11 (N.S.)
483 Gotthilf Augustus Francke to Henry Newman recommending Dr. Thielow, appointed physician to the colony of Ebenezer. Latin. Copy. 2½ pp [C.O 5 639, fos. 407–408d.]


  • n1. See No. 504.
  • n2. See No. 626.