America and West Indies
April 1730, 16-30

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1937

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85-97

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'America and West Indies: April 1730, 16-30', Calendar of State Papers Colonial, America and West Indies, Volume 37: 1730 (1937), pp. 85-97. URL: http://www.british-history.ac.uk/report.aspx?compid=72513 Date accessed: 30 July 2014.


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April 1730, 16-30

April 16.
Custom
House.
176. Account of sugar imported into England from the Leeward Islands yearly from Christmas 1721–1728. Antigua, cwt. 80,067. 0.9; 149,361. 1.6; 119,367. 2. 8.; 149,421. 2. 5.; 67,678. 0. 22.; 96,112. 0. 25. Average, 121,324. Mountserrat, 28,872. 2. 15.; 30,900. 0. 4.; 18,455. 0. 20.; 29,889. 3. 27.; 26,047. 1. 7.; 32,689. 3. 19.; 50,635. 3. 7. Average, 31,070. Nevis, 58,724. 1. 8.; 56,489. 0. 18.; 52,939. 0. 1.; 59,402. 2. 18.; 25,856. 1. 18.; 30,233. 2. 22.; 50,293. 3. 9. Average, 47,701. St. Christophers, 114,035. 1. 6.; 122,101. 1. 27.; 95,495. 2. 5.; 128,746. 3. 26.; 127,168. 1. 16.; 141,366. 1. 10.; 165,642. 2. 7. Average, 127,793. Average total, 327,893. 1. 15. (The averages worked out in pencil on enclosed slip). Signed, John Oxenford, A.I.G. Endorsed, Recd. 17th, Read 23rd April, 1730. 1 2/3 pp. [C.O. 152, 17. ff. 129, 130, 131v.]
April 17/28.
Paris.
177. Extract of letter from Lord Harrington and Mr. Poyntz to the Duke of Newcastle. We have put into the Garde des Sçeaux's hands, a translation of the paper transmitted by the Lords of the Admiralty in their letter to your Grace of the 7th, as also of that part of your Grace's letter of 26th, wch. relates to Dunkirk and Sta. Lucia to which he has promised us answers very soon. Copy. ½ p. [C.O. 253, 1. No. 46.]
April 17.178. Thomas Lowndes to the Council of Trade and Plantations. Two or three years ago there passed in S. Carolina an Act declaring all process to be void, that was not personally served upon the party, by the Provost Marshall or his Deputy, which Act makes the execution of common Justice, not only difficult but impracticable; and is very prejudicial to the commerce of Great Britain. For no merchant will now furnish any commoditys to a Planter, that lives at any distance from Charles Town, because he cannot be compelled to be just, and the Planter is thereby forced to go upon such manufactures, as interfere with those of Great Britain. This evil will be of very bad consequence if not speedily redressed, by reauthorizing the summons Act or otherwise etc. There wants in S. Carolina a suitable publick provision for indigent criminels, it being equally inhuman that those poor wretches should perish through want of common sustenance, as it is unreasonable that the Provost Marshall should subsist them at his own proper charge. Endorsed, Recd. 17th, Read 21st April, 1730. 1 large p. [C.O. 5, 361. ff. 92, 92v.]
[April 17].179. Commodore Lord Vere Beauclerk and Governor Osborn to the Council of Trade and Plantations. Queries:— If upon our return, we should find any of the inhabitants have disobeyed the order for a levy (v. C.S.P. 14th Oct., 1729), in what manner may they be legally punished? (ii) If any have ill-treated the Justices and Constables, or destroyed the stocks or whipping-posts that were erected, may we not legally oblige them to make good again and punish them corporally besides? (iii) Can the Justices of the Peace, in the absence of the Admirals, decide differences relating to property, or is their power restrained to the maintaining of peace and quietness only? (iv) Has Captain Osborne power by his Commission to raise any tax the Justices of the Peace shall propose to him, for repairing the Church, the prison or any other publick work? No signature. In Lord Vere's hand. Endorsed, Recd, (from Lord Vere and Capt. Osborn), Read 17th April, 1730. 2 pp. [C.O. 194, 8. ff. 291, 291v., 292v.]
April 17.
Whitehall.
180. Mr. Popple to Mr. Fane. Encloses copies of Governor Osborn's queries (preceding), of his Commission and of that given by him to the Justices for his opinion thereon. [C.O. 195, 7. pp. 246, 246a].
April 17.
Whitehall.
181. Mr. Popple to Mr. Attorney General. As preceding. Requests answer on Friday morning, the ships being ready to sail etc. [C.O. 195, 7. p. 246a.].
April 18.
Lyme.
182. John Burridge to the Council of Trade and Plantations. Observing by the Gazette that claims for seizures by the Spaniards are to be laid before the Board, enquires as to what course he should pursue in relation to proofs in the case of the ship Satisfaction loaden with fish from Newfoundland bound for Oporto, but by bad weather forced into Vigo, and there seized by the Spaniards in 1718, before the war was declared, the fish sold and the fish burned. This affair with divers other losses sustained by the merchants of London were recommended by Lord Carteret in 1723 to Col. Stanhope at Madrid to demand satisfaction according to the 7th article of the treaty of commerce at Utrecht, 1721, but none has been obtained etc., when he sent the papers and affidavits in the case to the Consul at Corunna etc. Signed, John Burridge. Endorsed, Recd., Read 28th April, 1730. Addressed, Sealed, 1¼ pp. [C.O. 388, 89. ff. 27, 27v., 28v.]
April 20.
St. James's.
183. Order of King in Council. Approving Additional Instructions to Governor Philipps and Col. Dunbar relating to the settlement of Irish and Palatines in Nova Scotia. Signed, Ja. Vernon. Endorsed, Recd. 30th May, Read 4th June, 1730. 1 p. [C.O. 217, 5. ff. 199, 200v.; and (signed, W. Cary) 5, 192. f. 473].
April 20.
St. James's.
184. Order of King in Council. Upon a memorial from the Lords Commissioners of the Admiralty, that they have received several complaints from the Judges and other officers of the Vice-Admiralty Courts at H.M. foreign islands and Plantations of the interruptions they have met with in the execution of their employments from the Provincial Judges, who have issued divers prohibitions against their proceedings in matters properly depending before, and cognizable in the aforesaid Courts of Vice-Admiralty, whereby the course of justice hath been very much obstructed by the interfering of the jurisdictions of the common law, and that of the Admiralty, and H.M. subjects in those parts have suffered great hardships etc. Ordered that the Lords Commissioners for Trade and Plantations do prepare draughts of Instructions to all H.M. Governors in America requiring them to use their best endeavours in assisting the Officers of the Vice-Admiralty Courts within their Governments in the legal execution of their respective employments in all matters, that may properly and judicially come under their cognizance. Signed, W. Cary. Endorsed, Recd. 25th, Read 30th April, 1730. 2 pp. [C.O. 323, 9. ff. 35, 35v., 36v.].
April 20.
St. James's.
185. Order of King in Council. Approving draughts of Instructions to Governors in America to support the Bishop of London and his Commissaries in the exercise of the ecclesiastical jurisdiction granted to them etc. Signed, Ja. Vernon. Endorsed, Recd. 30th May, Read 4th June, 1730. 1½ pp. [C.O. 323,9. ff. 42, 42v., 45v.].
April 21.
Whitehall.
186. Mr. Popple to Mr. Attorney and Mr. Solicitor General. Encloses copy of Charter of Connecticut. Continues:—My Lords Commissioners desire your opinion in point of law, whether the said Colony have thereby any power vested in them of making laws which affect property; or whether that power is not confin'd to the making of by-laws only? and whether if they have not the power of making laws affecting property, they have not forfeited their Charter, by passing such laws. [C.O. 5, 1294. p. 9].
April 23.
Barbados.
187. Governor Worsley to the Duke of Newcastle. Immediately on receipt of his Grace's letter he communicated it to the Council and ordered the publication of the King's order for the cessation of hostilities and restitution of prizes to the subjects of Spain to be published in the several towns and churches etc. Continues:—I know as yet of no one ship that the Spaniards have taken belonging to this Island, that is within the time of the restitution; the Dolphin Jasper Morris master loaden with sugar bound for London was taken the 10/21 June, 1728. I shall be religiously observant of H.M. commands to me upon this head and shall on my part punctually comply with the obligations of the Treaties etc.
In my letter of 29th March etc. I had the honour of advising you that I could not certainly know, whether the Assembly and Vestry-men would this year pay due obedience to the law, for raising a levy to H.M. of 2s. 6d. pr. head on negroes etc., in that they were not obliged to make their returns till the 20th inst.; on the 16th instant most of the Assembly-men made their returns of the persons, who had given in to them the number of their negroes etc., but five only of the Assembly return'd a list of those, who neglected to give them in; for as the law lays a penalty of £50 on every Assembly-man who does not take in the lists of persons, negroes etc. in their respective parishes, so they were under a penalty of £50 if they did not by the 20th instant return a list of those, who gave them in, as also of those, who neglected to give them in, and as last year they were levyed on for both these penalties, tho' by the Treasurer's accounts I don't find they have yet paid it, they will this year be liable to pay but one of these penalties; and thus they propose to save the inhabitants of their parishes their tax in order to keep up their interest, for their cry is the good of their country; as if they are not obliged by the law to give in these lists even after the 20th instant, the penalty being only to quicken their diligence, for the law does not excuse them from giving in their lists afterwards, tho' they should be levyed upon for their penalties. Nor can the inhabitants be excused paying, because the Assemblymen do not return them as delinquents etc. Quotes clause x. of the Act for the support of the Government etc. Continues:—By the enclosed lists your Grace will see how few have given in the number of their negroes etc. which has been occasioned by the inhabitants not being obliged to pay double, who did not pay last year; and many more would have given in, if the Assembly-men had publickly appointed a place, where they would daily attend to take them in, as was always usual till the last year, and this, but instead of this, many of them (as I am informed) declared they would not return the lists of the defaulters, and thus they discouraged the people from giving in. The five Assemblymen etc. abovementioned are threatned to be turned out at the ensuing election etc. The Vestry of St. Michael's parish have behaved in a most extraordinary manner this year, they met as the law directs to apportion upon the inhabitants of the town £1800, and £350 upon the Jews; they laid both, but when they were going to sign it, the apportionment was lost, and they would not make a Vestry afterwards, in order to return it. The Minister of the Parish, Mr. Johnson, Mr. Harrison and Mr. Shurland attended constantly their duty, and design to justify upon their voluntary oath before a Justice of Peace their innocence, and conduct. Signed, Henry Worsley. Endorsed, R. June 25th. 5 pp. Enclosed,
187. i.–iii. Duplicates of March 29 encl. i.–iii.
187. iv. List of persons who gave in the number of their negroes to their several Assemblymen for 1730, as they were given to William Terrill Esqr., Chairman of the Committee of Publick accounts, 18th April, 1730. With numbers of negroes. 6 2/3 pp.
187. v. Duplicate of No. iv.
187. vi. A List of numbers of those who paid and did not pay the poll-tax on negroes for 1729, computed from those who paid in 1728. Paid, 689; Not paid, 2719. 1 p.
187. vii. Number of persons who have given in lists of their negroes for 1730, 120; Persons who ought to have been returned as defaulters, 3,331. Assemblymen who returned lists of defaulters;—Francis Vaughan, Richard Rycroft, George Barry, Michael Cornor, John Jones. 1 p.
187. viii. Duplicate of No. vi.
187. ix. Duplicate of No. vii. (numbers wrongly added).
187. x. Attorney General's opinion upon queries put to him by the Treasurer as to enforcement of penalties against defaulters under the Act for the support of Government etc. April 23, 1730. Signed, J. Blenman. 1¾ pp. [C.O. 28, 45. ff. 97v., 98, 99v., 100, 101v., 102, 103– 105, 106v.–118, 119, 119v.].
April 23.
Barbados.
188. Governor Worsley to the Council of Trade and Plantations. Duplicate, mutatis mutandis, of preceding covering letter from 2nd paragraph. Signed, Henry Worsley. Endorsed, Recd. 11th June, Read 15th Oct., 1730. 5 pp. Enclosed,
188. i. Duplicate of encl. x. preceding.
188. ii. Account of money received (£1866 1s. 8d.) on the 2s. 6d. levy for year ending Sept. 30, 1729. Signed, George Plaxton, Treasr. Endorsed, Recd. 11th June, 1730. Copy. 2 pp.
188.iiivi. Duplicates of encl. i. vi., vii. preceding. Endorsed as preceding. [C.O. 28, 21. ff 96–98, 100, 100v, 101v.–102v., 104–107v., 108v.–109v.].
April 24.
Whitehall.
189. Council of Trade and Plantations to Governor Montgo+merie. In reply to letter of 2nd Aug. have not altered their opinion with regard to the New Jersey Act, 1728, for appropriating of the interest money to the incident charges of the Government etc. He is therefore to put the Act of 1723 into execution according to its original intention. Unless they hear by the first return that the Assembly agree to repeal the last clause of the Act for appropriating part of the interest money etc. (v. July 9, 1729 etc.) they will certainly offer it for H.M. disallowance etc. Hope that he will hold Courts of Chancery according to his Instructions. They think he has been some-what remiss in his correspondence, not having heard from him since November. Require him to send frequent reports, the public papers constantly, and full answers to their circular queries. Printed, N.J. Archives, 1st Ser. V. 266. [C.O. 5, 996. pp. 262–265].
April 24.
Admiralty
Office.
190. Mr. Burchett to Mr. Popple. Requests that all convenient dispatch may be made with Heads of Enquiry for the Captains of ships for Newfoundland etc. Signed, J. Burchett. Endorsed, Recd. 24th, Read 28th April, 1730. Addressed. 1 p. [C.O. 194, 8. ff. 293, 294v.]
April 24.
Whitehall.
191. Council of Trade and Plantations to Governor Rogers. Having received your letters of 12th Nov. last from New Providence, we congratulate you, upon your safe arrival there, and do not doubt of your improving the good disposition which you say the inhabitants of the islands under your Government are in, upon H.M. having been graciously pleased to impower you to call an Assembly. We shall expect the acts passed by them, by the first opportunity, upon which we shall represent our opinion to H.M.; and we hope with you, that your next letters will bring us a better account of the health of the King's subjects under your Government with a good prospect of an improving settlement. We presume you will always lay hold of the first opportunity to transmit to us the publick papers required by your Instructions, as also full and satisfactory answers to our circular queries. In the mean time we hope that the increase of your inhabitants does not come from H.M. other islands, who would be as much prejudiced as the Bahamas will be advantaged by the change. [C.O. 24, 1. pp. 189, 190.]
April 25.192. Francis Elde to [? Governor Burrington]. Recommends Mr. Smith, a barrister at law for two years, for the post he seeks. Signed, Fran. Elde. ¾ p. [C.O. 5, 308. No. 7.]
April 26.193. Mr. Fane to the Council of Trade and Plantations. Reply to 17th April, (i) The Justices of the Peace have a power of raising money upon the inhabitants for building a goal subject to the method prescribed by the statute of 11 and 12 Wm. etc. (cf. No. 196.) Continues:—This method ought to have been pursued by the Justices of Newfoundland if it had been possible. But I must submitt it to your Lordships, supposing it has not been strictly pursued, as the assessment of fish was equally laid; as the people have submitted to it, as no other way could be thought on for raiseing this tax, and as H.M. Commission will be intirely ineffectual unless a goal is built; whether any inconvenience can arise if upon refusal of any of the persons assessed, the method laid down by the statute of Wm. III. was followed to compel them to a compliance with it. (ii–iv) To same effect as Attorney General in No. 196. Concludes:—Whether Justices here have power to levy a tax for repairing churches in my humble apprehension is a little doubtful, and therefore I would not advise Capt. Osborne without further powers to attempt it. Signed, Fran. Fane. Endorsed, Recd. 30th April, Read 1st May, 1730. 1¾ pp. Enclosed,
193. i.–iii. Duplicates of encl. i.–iii. following. [C.O. 194, 8. ff. 307, 307v., 308v., 309, 310–313, 314–317v., 318v.]
April 27.
St. James's.
194. H.M. Warrant to John Rollos for engraving a seal in silver for North Carolina, representing on one side Liberty introducing Plenty to Us with this motto, Quœsera tamen respexit, with this inscription round the circumference, Sigillum Provinciæ Nostræ Carolinæ Septentrionalis; and on the other side Our Royal arms, crown, garter, supporters and motto, with this inscription round the circumference, Georgius Secundus etc. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. p. 215.]
April 27.
St. James's.
195. H.M. Warrant appointing Robert Dinwiddie to the Council of Bermuda in the room of Daniel Tucker decd. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. p. 216.]
April 27.196. Mr. Attorney General to the Council of Trade and Plantations. Reply to April 17th. (i) I do conceive that the Justices of the Peace had not sufficient authority to raise money for building a prison, by laying a tax upon fish or fishing boats, because the Act for encouraging the trade to Newfoundland directs that it shall be a free trade. The power of the Justices in England for building of goals depends upon the statute of 11 and 12 Wm. III. ch. 19, by which they are enabled to make an assessment for that purpose upon the severall divisions of their respective Counties after a presentment made by the Grand Jury at the Assizes, Great Sessions or General Goal Delivery. As the Justices of the Peace in Newfoundland are by their Commissions to act according to the laws of England, I apprehend they ought to have pursued this Act of Parliament as near as the circumstances of the case would admit, and to have laid the tax, after a presentment by some Grand Jury, upon the inhabitants, and not upon fish or fishing boats. So far as the people have submitted to this tax there may be no occasion to call it in question, but I cannot advise the taking of rigorous methods to compell a complyance with it. (ii) Persons guilty of assaulting Justices or Constables, or of resistance to their authority, may be indicted for such offences at the Quarter Sessions and punished by fine or imprisonment, but for contemptuous words spoken of the Justices or their authority, they can only be bound to their good behaviour. Offences by destroying the stocks or whipping posts are indictable and may be punished by imprisonment or fine, or partly by the one and partly by the other, and H.M. may direct the fines to be applied to make good such stocks etc. (iii) I am of opinion that the Justices cannot decide differences relating to property, and that their power is restrained to the criminal matters mentioned in their Commissions, (iv) Neither Capt. Osborn nor the Justices have power to raise any tax for repairing churches or any publick works, except such works for which power is given to Justices of the Peace in England to levy money by particular Acts of Parliament (v. No. i.). Capt. Osborn's Instructions not having been laid before me I cannot judge what powers are thereby given to him, but I presume that no power is comprized in those Instructions of imposing taxes in generall without the consent of some Assembly of the people. Signed, P. Yorke. Endorsed, Recd. 28th April, Read 1st May, 1730. 3 pp. Enclosed,
196. i. Copy of Queries April 17th.
196. ii. Copy of Governor Osborn's Commission (v. C.S.P. May 14th, 1729.)
196. iii. Copy of Commission to Justices of the Peace in Newfoundland given by Governor Osborn. (v. C.S.P. 14th Oct., 1729). [C.O. 194, 8. ff. 295–296, 297, 298–305v., 306v.]
April 27.
St. James's.
197. H.M. Additional Instructions to Governor Phillips. You are to give assistance to David Dunbar in his laying out lands for Protestant Irish families now settled in Maine and Protestant families from the Palatinate. After Mr. Dunbar has laid out the 200,000 acres to be reserved for H.M. Navy, he is to set out another 100,000 acres between the Rivers Penobscot and St. Croix. You are then to grant to the said Palatines lands upon the following conditions:—For every 40 families 100,000 acres or 12 miles square, which shall be erected into a particular parish, district and township. Within each of these districts, you are to set apart a particular place for building a town, to consist of 100 dwelling houses etc., and to each of these houses shall be annexed a town lot of 40 acres etc. To every family settling there, you shall grant one of the said town lots and 100 acres or more of land in proportion to their number and ability. The lands remaining within the said districts are to be granted either to such inhabitants as shall be disposed to settle there, or to the ancient inhabitants, as their circumstances and industry shall render them capable of cultivating larger tracts than were originally granted to them, provided that no one person do possess a larger tract than 1000 acres in his own name or in any others. A competent quantity of land is to be allotted in each district for the maintenance of a Minister and a schoolmaster etc. One penny per acre on grants either East or West of St. Croix to be reserved to H.M. for quit rent, after the first three years, a power being likewise reserved to H.M. to levy a further sum not exceeding 1d. pr. acre annually for and towards the necessary charge and support of our Government there, as occasion may require. And as we do hold it to be for Our service and for the security of such of Our subjects as shall be disposed to become planters, that they should be settled in townships or districts, that they may the better be able to defend and assist each other, as well against savage Indians, as against any other enemy that may at any time attack them; you are hereby directed to make all settlements in the like manner as above directed etc. In all other matters you are to govern yourself by Our former Instructions etc. especially as regards the Fishery etc. You are to furnish Col. Dunbar with soldiers necessary to protect him whilst setting out woods for the use of the Royal Navy etc. Signed, G.R. Copy. [C.O. 5, 192. pp. 477–483].
April 27.
St. James's.
198. H.M. Additional Instructions to David Dunbar, Surveyor General of the Woods in America. To lay out lands as directed in preceding. Cf. March 25. Signed, G.R. Copy. [C.O. 5, 192. pp. 485–490].
April 27.
Boston.
199. Mr. Willard to Mr. Popple. Encloses Journal of Assembly and acts of session 19th Nov., 1729, and Minutes of Council to end of Feb. 1729, and Treasurer's accounts. Signed, Josiah Willard. Endorsed, Recd. 5th June, 1730, Read 9th June, 1731. 1 p. Enclosed,
199. i. Accompts of Jeremiah Allen, Treasurer and Receiver General of H.M. Revenue in the Massachusets Bay, 31st May 1728–1729. Totals, expenditure and receipts, £166,234 3s. 3d. Signed, Jer. Allen. Endorsed, Recd. 5th June, 1730. 28½ pp. [C.O. 5, 872. ff. 126, 127v., 129–143, 145v.].
April 28.
Whitehall.
200. Duke of Newcastle to the Council of Trade and Plantations. Encloses following for their report. Signed, Holles Newcastle. Endorsed, Recd. 28th, Read 29th April, 1730. 1 p. Enclosed,
200. i. Edmond Porter to the Duke of Newcastle. N. Carolina, Albermarle, 22nd Dec, 1729. Abstract. Refers to memorial of 15th June. Now that Governor Sir Richard Everard know that the country is under the Crown, he has broken through his intention not to grant any more lands till H.M. pleasure be known, and now every day signs both warrants and patents. He was induced some time ago, by the uncommon art and cunning of John Lovick, acting as Secretary, and Edward Moseley, Surveyor General, and William Little, the Receiver General of the Lds. Proprietors, to sign many patents wherein the number of acres are left blank, and on the same patents are Little's receipt in blank for the purchase money etc. Believes Sir Richard intended such patents to be for tracts of 640 acres, according to the laws and the Lds. Proprietors orders. But people are filling up the blanks for 5000 acres or more and the money goes into the pockets of "those three messinarys, Lovick, Moseley and Little" etc. Proposes the appointment of himself as Receiver General with power to inspect into such transactions etc. Printed, N.C. Col. Rec. III. 81. Signed, Edmond Porter. 2¾ pp. [C.O. 5, 293. ff. 7, 8–9, 10v.].
April 28.201. Governor Johnson to the [Duke of Newcastle]. As it may frequently happen that I shall be obliged to go out of the Province to make peace with the Indians and to adjust affairs with the Governors of N. Carolina, Virginia, Maryland etc., prays that Col. Thomas Broughton may be appointed Lt. Governor. He has one of the best estates, formerly held that office and divers other publick employments, in which he always acquitted himself with great honour etc. Signed, Robt. Johnson. 1 p. [C.O. 5, 383. No. 44; and 5, 388. f. 18].
April 28.
Whitehall.
202. Mr. Popple to Mr. Burchett. Reply to April 3. Encloses Heads of Enquiry for Capt. Waterhouse etc. Concludes:—H.M. having last year given a Commission to Capt. Osburn to be Governor of Newfoundland and having changed the usual Heads of Inquiry into Instructions to the Lord Vere Beauclerk as the same persons are again appointed for that station, my Lords do not think it necessary to add anything thereto this year, that Commission and those Instructions being still in force. [C.O. 218, 2. pp. 200, 201].
[April 28].203. Memorial of John Winthrop to the Council of Trade and Plantations. The allegations in the petition of Messrs. Belcher and Dummer (v. April 15th) cannot be supported in law or fact. The Act for the settlement of intestates' estates is contrary to the laws of this realm in a double respect, first as it directs intestates' real estates to be distributed to all the children etc., whereas by the course of descents at law he is the sole heir; Secondly, as it empowers the Court of Probates, which is a spiritual Court, to hold plea of freehold estates, which by law can only be subject to the jurisdiction of temporal Courts. This act being in its own nature null, void and repugnant to the very powers granted by the Charter of K. Charles II, it is a gross mistake in the petitioners to allege that the same was annulled by H.M. Order of 15th Feb., 1727, whereas H.M. did upon Councell heard on both sides, thereby only relieve memorialist, as a subject and inhabitant of Connecticut, who resorted to his royal justice for relief, against the oppression of a Court of Probates, acting without any legal jurisdiction, under the pretended authority of an act etc. which was in itself void and null, even before H.M. for the future information of his subjects in Connecticut, was graciously pleased to declare it so etc. Those who approve of such a method of distribution are at liberty to make the same by will, which will sufficiently answer the purpose mentioned of encouraging all the children to contribute to the improvement of their fathers' estates etc. Memorialist can find no such act of the Massachusets Bay as petitioners allege to have been confirmed. The request of the petition is far from being the united request of the whole Colony. Ever since the act was passed, numberless disputes have arisen thereupon, and many have groaned under the oppression of the Court of Probates, and arbitrary proceedings of the Assemblys, in support of their jurisdiction. Many appeals of the same nature as memorialists would have been brought, had the persons aggrieved been enabled to support the expence etc. Pray the Board to represent the great illegality and injustice of the Act etc. Signed, J. Winthrop. Endorsed, Recd., Read 28th April, 1730. 6 pp. [C.O. 5, 1267. ff. 116–118v., 119v.]
April 28.
St. James's.
204. H.M. Additional Instructions to the Governors of Jamaica, Barbados, Bahama Islands, Bermuda, New York, New Jersey, Virginia, Maryland, Pennsylvania and Nova Scotia, on the Bishop of London's Commission. As March 17 encl. ii. Signed, G.R. [C.O. 324, 36. pp. 217, 218.]
April 28.
Whitehall.
205. Council of Trade and Plantations to the King. In our representation to the Lords Justices of ye 30th of Augt. 1720, accompanying a draught of Instructions for Francis Nicholson Esqr. the Governor of South Carolina, we did propose that Commissions should forthwith be prepared to be used in ye two Provinces of South and North Carolina, for trying of pirates, in both ye sd. Provinces. Their Excellencies in Council on ye 20th of September following etc., did order such Commission to be prepared for ye Province of South Carolina, and by their second order in Council of ye 11th of Octr. 1720 directed this Board to lay before them, ye names of p.sons p.per to be inserted in ye sd. Commission, wch. we did etc. ye 27th of ye same month. But that order not extending to North Carolina, which was then under the Government of the late Lords Proprietors, no such Commission hath ever yet been directed for the trying of pyrates in that Province; and your Majesty having been graciously pleased to appoint Captain Burrington Governor thereof; we humbly propose to your Majesty, that the like Commission may be sent thither, for the trying of pyrates, as has been usually sent to other Plantations under your Majesty's immediate Government etc. Propose persons fit for the Commission, i.e. Governor Burrington, the Vice Admiral of the Province, Members of Council, Judges of Vice-Admiralty, Captains of ships of war within the jurisdiction of N. Carolina, the Secretary, Treasurer, Receiver General, Surveyor General of Customs for the Southern Provinces, and the Chief Justice of N. Carolina. [C.O. 5, 323. ff. 14–15.]
April 30.
Whitehall.
206. Mr. Popple to Mr. Attorney and Mr. Solicitor General. Encloses memorial from Mr. Winthrop, which may be of service in making a return to the queries of 21st, which is desired as quickly as possible. [C.O. 5, 1294. p. 10.]
[April 30].207. Governor Johnson to the Council of Trade and Plantations. Explanation of his scheme for settling townships. (v. 7th March). Signed, Robt. Johnson. Endorsed, Recd., Read 30th April, 1730. 2½ pp. [C.O. 5, 361. ff. 95–96v.]
April 30.
London.
208. William Basnett to the Council of Trade and Plantations. About 13th June, 1728, at the request of Mr. John Pemberton merchant in Leverpoole and owners of the ship Penelope etc., I sent into your Board sundry affidavits relating to the said ship being taken by a Spanish privateer etc. And now annexed you have the first and second mates' affidavits who were carried to the Havanna. Signed, Wm. Basnett. Copy. 2/3 p. Enclosed,
208. i. Deposition of W. Basnett, of Hackney, merchant. 5th Aug. [1728?]. Deponent well knows John Pemberton, Daniel Danvers, William Crossby and knew the husband of Ann Heywood, the owners of above ship, which with her cargo he insured for £600 in the voyage from Virginia to Leverpool mentioned in the following affidavits which he received from John Pemberton etc. Signed, Wm. Basnett. Copy. 2¾ pp.
208. ii. Bill of lading of the good ship Penelope, Nathaniel Letherland, master, Maryland, bound for Liverpool etc. 28th Aug., 1727. Signed, Nath. Letherland. Copy. 1 p.
208. iii. Deposition of William Johnson and Robert Townson, first and second mate of the Penelope. On 8th Sept., 1727, off the Capes of Virginia, they were chased by a Spanish privateer, the St. Anthonio, 8 large and 6 small guns and 70 men, who seized the ship, which was laden with tobacco and a few logs of walnut etc., but no logwood etc. They put the master and all the crew, except deponents and two more, which they carried along with the ship into a small sloop which they had took, who got back to Virginia. Deponents were carried with the Penelope to the Havanna. They were ordered to assist in unloading her. When she was nearly discharged, they were entertained ashore, whilst some Spaniards put on board and hid under the ballast pieces of logwood, in order to make the better pretence to condemn the ship and cargo, as deponents heard was done etc. Deponents were afterwards fetched away by the Trial sloop and put on board H.M.S. Nottingham at Jamaica. Signed, William Johnson, Robert Townson. Copy. 2 pp.
208. iv. Deposition of John Pemberton and Daniel Danvers, of Liverpool, Nathaniel Letherland, master, and Gilbert Neale, mariner. 8th June, 1728. Describe ownership, and cargo and voyage of the Penelope. Copy. 2 pp.
208. v. Estimate of damages by above seizure, £2488 4s. 2d. Signed, Nathl. Letherland. Copy. 1 p. The whole endorsed, Recd, from Mr. Basnett. 1st May, 1730. [C.O. 388, 89. ff. 50–51, 52–54v., 56–57v.]