America and West Indies
July 1726, 11-20

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1936

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115-122

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'America and West Indies: July 1726, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 115-122. URL: http://www.british-history.ac.uk/report.aspx?compid=72334 Date accessed: 30 September 2014.


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July 1726, 11–20

July 12.
Wmsburgh
in Virga.
216. Lt. Governor Drysdale to the [Duke of Newcastle]. Encloses journals and acts and other public papers of the late session. Continues :—It is not without a very great concern that I am oblig'd to transmit to your Grace the inclosed representation from the Generall Assembly : I very unwillingly engaged myself in the conveyance of itt, and shall offer nothing to recommend itt: and had itt not been directed by the Royal Instruction, that all applications to the Throne from the Plantations, shall pass thro' the hands of their Governours, I should have left this to bee presented to H.M. by another way. This Assembly has likewise address'd H.M. on his happy deliverance from the dangers of his late passage in his return to Great Brittain ; a copy of wch. address is herein inclosed : The originall I have as usuall sent to bee presented by the Earl of Orkney : It also contains an humble supplication for H.M. Royall bounty to the Colledge founded here by King Willm. and Queen Mary of immortall memory : and I doubt not the Reverend Mr. Blair President of that Colledge (who is desired by the Assembly to sollicite that bounty, and who will have the honour to wait on your Grace) will find how great happyness it is to that good work, that so great a patron of learning as your Grace, is intrusted by H.M. with the care and protection of these Plantations : I shall not trouble your Grace with any other remark on the Assemblies kind expressions in my favour contain'd in the address to H.M., and in their particular addresses to myself, which wait on your Grace with the other papers, than that as I had no hand in the contrivance of either, so they were prepared att a time, when the ill state of my health gave both them and mee little hope of my further services to the country : and on that account I have the pleasure to think their affections the more sincere. I have since very unexpectedly soe far recovered my health as to determine my stay, whereby I hope to improve these good dispositions in the people to the advantage of H.M. service etc. Signed, Hugh Drysdale. Endorsed, Rd. Sept. 12. Holograph. 4 pp. Enclosed,
216. i. Address of the Council and Assembly of Virginia to the King. Some years agoe in the general Court of this Colony, Sarah Perry, widow and executive of Richard Perry and Sarah Perry, Micajah Perry and Philip Perry, merchants of London and executors of Micajah Perry, sued Mary Randolph widow, William and Thomas Randolph, executors of William Randolph, for payment of a debt of £2463 1s. 8d. Judgment was given for defendants, it being found that apart from sums charged for interest and interest upon interest, there was actually a balance due to defendants. Plaintiffs appealed, and this judgment was reversed, after the Lords of the Council for hearing appeals from the Plantations had referred the accounts to four merchants in London, three of whom reported that the items of interest and insurance were fair and just and agreable to what is always charged and allowed in accounts of this nature by the constant usage of merchants trading to the Plantations etc. Now may it please your Majesty, we etc. reflecting on the consequences which a precedent of this nature on the trade and properties of your Majesty's subjects of this Colony, do most humbly begg leave to represent that no such custom or usage hath ever hitherto prevailed or been allowed among the merchants trading to this Colony whereby interest or interest upon interest hath been or can be recovered upon open running accounts, but that in actions at the Common Law no plaintiff hath any other allowance of interest but such as a Jury shall think fitt to assess in damages, who by the laws and customes of England (to which our proceedings here do as near as can be conform) are the only proper judges thereof, and after a jury hath found the verdict against the plaintiff upon the poynt of damages we humbly apprehend such plaintiff is concluded by it and can have no judgment to recover without a new trial and a verdict for him etc. The judgment of the General Court here in this case being by your Majesty's authority reversed, and in consequence the verdict of the jury sett aside, the matter of the plea upon which that trial was had remains undetermined and there being several other pleas upon which issues were tendered in that suit and not tried, it doth appear by the record in the said action that a judgment is entred against the defendants without any trial etc. Altho' in the case aforesaid three merchants in London have delivered their opinion that the demand of the plaintiffs was just and reasonable yet no such method of examining the judgments of your General Court given according to the rules of the Common Law hath ever hitherto been allowed or established. But your Majesty's subjects in this Colony have always without interruption had and enjoyed the benefits of a legal tryal by jurys in all actions at the Common Law. And we do with all humility represent to your Majesty that if in the like cases coming before your Majesty in your Privy Councill by appeal the reports of merchants who are under no obligation of an oath and are ever inclined to favour one another be admitted to overrule the verdicts of legal juries, your Majesty's subjects here will be liable to whatever charges and impositions their factors and correspondents in Great Britain think fitt to load them with to the great discouragement of their trade and industry. Wherefore we do most earnestly beseech your Majesty to establish for the future such a regular course for examining and reforming the judgments given in your Supreme Court here that your subjects of this Dominion may still enjoy the benefit of trial according to the laws and customs of England under which this Colony was happily planted and which they account one of their most valuable privileges etc. Signed, on behalf of the Council, Robert Carter, and John Holloway, Speaker of the House of Burgesses. Parchment. 1 large p. [CO. 5, 1337. Nos. 29, 35.]
July 14.
Jamaica.
217. Mr. Ayscough, Commander in Chief and President of the Council, at Jamaica, to the Council of Trade and Plantations. I think it my duty to embrace the first opportunity of acquainting your Lordships with the melancholy news of the death of his late Grace the Duke of Portland who departed this life on the 4th instant after six days sickness ; And as by H.M. Commission and instructions to his Grace, the administration of publick affairs here devolved upon me, so I immediately took all possible care for the security of this Government etc. Refers to enclosed Address, the original of which is sent to the Duke of Newcastle, to be laid before H.M. Continues :—I do in the humblest manner beseech your Lordships' countenance to it etc. I am encouraged the more to ask this favour to our country from your Lordships' extensive goodness and unwearied endeavours on all occasions for promoting those things which may tend to the prosperity and advantage of this Colony, which justly entitles you to be stiled the Patrons of it. The multiplicity of publick affairs has prevented me hitherto from narrowly inspecting into the several Articles of H.M. Instructions, wherein I am commanded to correspond with your Lordships, but I shall without loss of time apply myself with great vigilance, and discharge my duty therein etc. Concludes:—By the last advices we had from Cartagena, Admiral Hosier, with his squadron, was upon that coast etc. P.S. The Dutchess and family are to imbarque in a few days for Great Britain etc. P.S. July 18th. Two days ago arrived an express from Admiral Hosier who lies at the Bastamentas with his squadron : He has taken our South Sea ship out of the harbour of Portobell, and gott money for all the goods that were on board, and has given the Spanish Governour to understand that the galleons are not to stir from thence till he has further orders from our Court. By intercepted letters from Cuba to Cartagena and Portobell we have account of many privateers fitting out to cruize upon the coast of this Island, which will render our Navigation very precarious while the Admiral lies on the coast with his squadron. Signed, J. Ayscough. Endorsed, Recd. 17th, Read 19th Oct., 1726. Marked, " triplicate." 2 ½ pp. Enclosed,
217. i. Address of the President and Council of Jamaica to the King. 11th July, 1726. Announce death of the Duke, and assure H.M. of their "utmost vigilance in the care of this your Island, until your Royal pleasure shall be further signifyed thereupon." Continue : This so solemn occasion naturally fills our minds with the most serious reflections on the state and condition of this Island which never can be unaccompanyed with the deepest sense of our duty to your Majesty from the many instances we have had of your gracious favour and goodness ; The late terrible hurrycane still lies heavy upon us, we feel it's sad effects in a fatal manner, aggravated by the immediate hand of God upon us, by a long and excessive drought, severe and pinching for the present, and dreadfull in it's consequences. The noise of warr alarms us with the apprehension of more variety of misfortunes, but from which your Majesties extensive care, by sending a strong squadron of ships into these parts, does not only releive us in a great measure, but is a further pledge of assurance to us, that whatever human aid can give, we shall receive from your Majesty. Such considerations embolden us to lay before your Majesty our humble thoughts concerning an Instruction, your Majesty was pleased to give to his late Grace, whereby a former Instruction against taking of presents was suspended etc. Permitt us, Great and Gracious Sir, to inform your Majesty, that the inconveniencies which may arise from the admission of such presents may be very great etc. They made provision for such an additional salary to the Duke as they felt was intended by that Instruction. But they now pray to be relieved from such a burden, since it may be fatal to the Island from the inordinate passions and griping tempers it may by this means be made liable to etc. Signed, Jos. Maxwell, Cl. Concil. Endorsed, Recd. 16th Sept., 1726. 1 large p. [CO. 137, 16. ff. 272, 272v., 273v.–274v. ; and (duplicate of covering letter only, without second postscript) 275–276v.]
July 14.
Jamaica.
218. President Ayscough to the Duke of Newcastle. Repeats preceding covering letter, with enclosure. Endorsed, R. 16th. [CO. 137, 52. ff. 272v.–273, 274 ; and (duplicate of covering letter with postscript added and endorsed, R. 17th Oct. and duplicate of enclosure) 276–278, 279v.]
July 14.219. Mr. Fane to the Council of Trade and Plantations. Reply to 3rd May. Thinks Governor Worsley ought to release the prisoners on giving security to answer any charge brought against them etc. Signed, Fran. Fane. Endorsed, Recd. 22nd, Read 28th July, 1726. l? pp. [CO. 28, 18. ff. 305, 305v., 306v.]
July 14.
Whitehall.
220. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose Office accounts from Christmas to Midsummer, 1726. There was then three months salary due to the Secretary and other Officers etc. Accounts, certified, enclosed. [CO. 389, 37. pp. 263–266.]
July 14.
Whitehall.
221. Same to the Duke of Newcastle. H.M. having been graciously pleas'd to grant his royal licence of leave to Lt. Governor Drysdale, to be some time absent from his Government, for the recovering of his health, we take leave to acquaint your Grace, that according to H.M. Commission to the Rt. Honble. the Earl of Orkney Governor of Virginia, " the eldest Councillor, whose name is first plac'd in H.M. Instructions to his Lordship, who shall be at the time of the death or absence of the Governor or Lt. Governor residing within the Colony etc. shall take upon him the administration of the Government" etc. Colo. Edmund Jennings, the first Councillor so named in H.M. Instructions, being, as we are inform'd, become now incapable of executing this trust, by reason of his great age and infirmities, and his Lordship having recommended to us Robert Carter, the next Councillor, desire that he may be granted a Commission to act as Lt. Governor during the absence of Major Drysdale etc. [CO. 5, 1365. pp. 292–294.]
July 14.
Kensington.
222. H.M. Warrant to Attorney or Solicitor General to prepare a bill for extending the grant of Patrick Crauford as Provost Marshall General of the Leeward Islands for life. Countersigned, Holies Newcastle. [CO. 324, 35. pp. 251–253.]
July 18.223. Mr. Fane to the Council of Trade and Plantations. Reports in favour of Act of Antigua for selling of certain lands lately belonging to Andrew Murray etc. (v. 20th Sept., 1725). Has delayed his report till he received enclosed certificate. Signed, Fran. Fane. Endorsed, Recd. 22nd, Read 27th July, 1726. 5 ½ pp. Enclosed,
223. i. Certificate by the guardians of the late Andrew Murray that they assent to the Act mentioned above. 20th Oct., 1725. Signed and sealed, Alex. Cairnes, Henry Cairnes, John Murray, Jno. Murray. 1 p. [CO. 152, 15. ff. 270, 272–274v., 275v.]
July 18.
Bermuda.
224. Lt. Governor Hope to the Duke of Newcastle. Encloses duplicate of 20th April, and begs that "Capt. Francis Jones may succeed to Major Henry Tucker this day deceas'd." Signed, John Hope. Endorsed, R. Sept. 23rd. 1 p. [CO. 37, 28. No. 36.]
July 18.
Bermuda.
225. Same to the Council of Trade and Plantations. Duplicate of preceding. Signed, John Hope. Endorsed, Recd. 16th Sept., Read 22nd Nov., 1726. 1 p. [CO. 37, 11. ff. 263, 264v.]
July 19.226. Mr. Fane to the Council of Trade and Plantations. Reply to 21st June. It can never be supposed that an Act of Parliament made on purpose to guard the King's right and property in one particular instance should by a strained and distant implication take away and diminish that right in a matter no ways the designe of the Legislature. The King by a generall reservation in his Charter was to have all trees of such a [specified] growth not expressely given away in townships or out of them; Now the only provision made by the Act of the 8th of the King was to prevent his trees out of townships from being cut down ; it goes no further; the danger and mischief was that such trees as lay out of townships might without any discovery be cut down and carried away and therefore the penalty is applied and proportioned to the ease and practicableness of doing, and the difficulty of having evidence to convict the offender; This is the scope and designe of that clause and it medles with nothing else but leaves the King's right unimpeached as to the trees in townships which could not probably be cut down without the knowledge of the King's Officers and where there could be no likelyhood to cut down such trees being such as perhaps were very necessary either for shelter or ornament etc. The King's right to such trees remains and it has the protection and guard of the Common Law not only in giving a remedy for the violation of it but in preventing all attempts upon it by that known rule of law that no implication shall prevaile against the Crown's interest or prerogative. Signed, Fran. Fane. Endorsed, Recd. 22nd July, Read 8th Sept., 1726. 5 pp. [CO. 5, 869. ff. 347–349, 350v.]
July 20.
New Hampre
227. Mr. Armstrong to Mr. Burniston. Expresses surprise that he has not heard of anything being done relating to the waste of H.M. woods of which he has complained etc., and the claim to cut the trees within their townships in New Hampshire. Refers again to the 40 trees fit for masts and bowsprits cut in N. Hampshire for Messrs. Baley and Hawes. Continues:— I told their correspondent Mr. Cradock here to acquaint these merchants that I had wrote the whole state of the matter home to you, for which reason I designed to stop them trees, about a week ago he received an answer from those Gentn. that they wondered I will presume to stop them trees since they are cut within township etc. I am in hopes to prove the greatest part was cut without the township, and am in expectation to here from you, till which time I must suspend prosecution. But Mr. Baily and Hawes takes no notice of you at all in their letter, as if there was no such man as Surveyor of the King's woods. Here is likewise a contract come from the Navy Board with the King's lycence, sent here to one Mr. Waldo, from his correspondant in London. Waldo told me the contract was for five years to supply H.M. with two ship loads of masts every year. I have not seen the lycence yet, but Mr. Waldo told me that there was no mention made of neither you nor myself, as is common in them cases for in all contracts from the Crown, they was allwayes directed to the Surveyor Genll, or his Deputy or ought to be as you will find by your Instructions. Sr. I am quite craised considering the care and paines I have taken for preserving the King's timber, and no suitable incouragement from home to support me. I will assure you I have gone so far that I am in danger of my life, as its well knowne, at home the barbarous treatment Officers meetes with here that doth their duty. The last winter being so very cold and long I have almost lost the use of my limbs and hands in being so long in the woods. Signed, Rot. Armstrong. Endorsed, Recd. 7th Oct., Read 3rd Nov., 1726. 2 pp. [CO. 5, 869. ff 355, 355v., 356v.]
July 20.
Whitehall.
228. H.M. Warrant to Robert Carter to take upon him the Government of Virginia, in the absence of Lt. Gov. Drysdale, Edmund Jennings the first Councillor being incapable of executing this trust by reason of his great age and infirmities etc. Countersigned, Holies Newcastle. [CO. 324, 35. pp. 253–255.]