America and West Indies
May 1730, 1-15

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1937

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97-113

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'America and West Indies: May 1730, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 37: 1730 (1937), pp. 97-113. URL: http://www.british-history.ac.uk/report.aspx?compid=72514 Date accessed: 17 April 2014. Add to my bookshelf


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May 1730, 1-15

May 1.
Whitehall.
209. Council of Trade and Plantations to the Duke of Newcastle. We have had under our consideration your Grace's letters etc. of 12 Nov. last and 28th of last month, in relation to the conduct of Sir R. Everard, late Governor of North Carolina, with respect to his unwarrantable proceedings in giving grants of land; and as we conceive that all such grants of land as have been made since H.M. has purchased that Province to be void, Sir Richd. Everard having had no authority, that we know of, for granting the same, we shall insert an Article in the Instructions which we are now preparing for Capt. Burrington, to declare them so; We shall likewise insert several other Articles directing the manner of granting lands for the future, and for the collecting H.M. quit-rents thereon, and shall more fully explain the same in our Representation thereupon to H.M. etc. Autograph signatures. 1 p. [C.O. 5, 306. No. 18; and 5, 323. f. 15v.]
May 2. 210. Mr. Fane to the Council of Trade and Plantations. Has no objection to 3 Acts of Jamaica submitted 19th Feb. Signed, Fran. Fane. Endorsed, Recd. 5th May, Read 3rd June, 1730. ¾ p. [C.O. 137, 18. ff. 64, 65v.]
May 2.
Boston.
211. Col. Dunbar to Mr. Popple. Refers to letter of 1st May. Continues:—This at the request and solicitation of many gentlemen and inhabitants of New Hampshire, I beg leave to lay before my Lords Commissioners for Trade and Plantations with a mapp of that Province and course of Meremack river which parts the Masachusets and New Hamshire; the Charter division line is markd. 3 miles to the northwd. of yt. river's mouth, but there are perpetual quarrels and law suits between the two Provinces, those of New Hampshire are satisfied the line should run due E. and W., 3 miles to the norward of the mouth of the river, but the inhabitants of the Masachusets say that the lands all along within 3 miles of the river on the north side belongs to them, so that the line must be as crooked as ye course of the river, and they even claim where the river has no north side as from Dunstable to Pemegewasset, where the course is north and south, nay, the Masachusets say that they can run a strait line from 3 miles to the norwd. of the mouth of Meremack river to the next northerly part of the same river, which is ye great pond, called Winipisschokee pond, which I have marked with a strait line by a pencil, as in the mapp, which my Lords will see takes in almost the whole province of New Hampshire; it is presumed by the inhabitants of that Province, that when by the Masachusets charter ye division line was fixed 3 miles to the N. of the mouth of the River Meremack, it was imagined in those days that that river had a westerly course as from the entrance up to Chemsford, and in those days the course of the river was not known near so farr, the country being then full of Indians; application was made to me all through New Hampshire, as they heard I was Surveyor Genll. of lands, to have the lines fixed between the two Provinces, and upon my undeceiving them, many of them requested I would represent it home, that it may be settled; I went through the townships of Kingston, Chester and London Derry each of which has a part claimed from Haverhill as described in the map, and London Derry wch. has not been granted above 8 or 9 years has been put to seaven hundred pounds law charges for arrests and trespasses, tho' 16 miles N. from the river. I rode on purpose from London Derry to Haverhill and am satisfied it is not less. Refers to former petition transmitted by him, from country complaining that the township of London Derry was oppressed by the Masachusets Government, and praying that the line might be fixed, or that they might be permitted to settle on the east side of Kenebeck river. Continues:—Many of them are now waiting to remove thither, but those who have cleard lands and made improvements are unwilling to leave them and begin anew; Governour Wentworth tells me that he has made representations upon these heads, but has had no answer. Refers to enclosed applications. The Board may have full satisfaction from the proceedings hereupon on 20th July, 1677 before the King in Council [v. C.S.P. 1677. Nos. 352 ff.]. Offers his services etc. Signed, David Dunbar. Endorsed, Recd. 5th June, Read 28th Oct., 1730. Holograph. 3½ pp. Enclosed,
211. i. Petition of inhabitants of Londonderry, N.H., to Col. Dunbar. Refer to their petition to the King and explain their difficulty with respect to the line between the towns of Haverhill and Londonderry. On their arrival in N.E. they petitioned the Governor and Council of New Hampshire for a tract of land N.W. of Haverhill, which town is within the Massachusetts Government. Governor Shute and the Council there granted them a township of ten miles square at said place. They had cleared, improved and enjoyed the same for seven years before the inhabitants of Haverhill claimed the same and began to carry their people daily from their houses and labour, across the River Murrimack to Courts far distant in that Governmt. and imprison, judge and load them with excessive charges etc. It is not true, as they allege, that petitioners are Romans and not good subjects to H.M. Their Minister and several of them had no small share at the siege of Derry in that glorious defence of their religion and country etc. Invite him to use his influence for getting the line settled etc. Signed, James McKeen and 13 others "in the name of the rest of ye proprietors of Londonderry." Endorsed, Recd. 5th June, 1730. 2 pp.
211. ii. Petition of inhabitants of Londonderry "originally from North Britain but last from Ireland" to Col. Dunbar. Refer to their petition to the King in 1728 for a tract of land in Nova Scotia. They are informed he is empowered to lay out the same for them. Request him to do so as near Fredericksburg as possible. Ask for a respite of time to settle the same, as they cannot dispose of their freeholds at Londondery at present without great loss, since they are perplexed with vexatious lawsuits by the inhabitants of ye Massachusets etc. Signed, James Gregg and 26 others. Endorsed as preceding. 1 p.
211. iii. Petition of Same to Same. Londonderry, 20th Feb., 1729/30. Refer to preceding and enquire as to result of petition. Ask for his assistance. Signed, John Macmurphy for the Memorialists. Endorsed as preceding. 1 p.
211. iv. Petition of Jonathan Sanburn and Ebenezer Stevens of Kingstown and John Macmurphy of Londonderry, in behalf of Proprietors of Kingstown and Londonderry, to Col. Dunbar. Request him to have the line between the two Governments determined, as above. "The Massachusets Govt. have more violently prosecuted us than before, since the death of H.E. Govr. Burnet" etc. Copy. 1 p. [C.O. 5, 871. ff. 184–186v., 187v.–190v.]
May 4. 212. Col. Warner to Mr. Popple. In reply to letter regrets that "I am entirely a stranger to all the transactions that were in my great grandfather Sr. Thomas Warner's life time in the West Indies; none of his papers having ever fallen into my hands" etc. "I have been told that there was a book in print which gave some history of those times" etc. Signed, Edward Warner. Endorsed, Recd. 6th, Read 20th May, 1730. Holograph. 1 p. [C.O. 28, 21. ff. 64, 65v.]
May 5.
Whitehall.
213. Mr. Popple to Governor Johnson. All the papers that have been laid before my Lords Comrs. for Trade and Plantations, with respect to the paper mony of South Carolina being calculated upon the foot of Proclamation mony, My Lords Commissrs. desire you will consult the merchants trading to that Province, and let their Lordsps. have an accot. from you and them of the difference between Proclamation mony and the paper mony now current in So. Carolina. [C.O. 5, 400. pp. 276, 277.]
May 6.
Boston.
214. [? Mr. Willard] to Mr. Popple. Repeats No. 199, and encloses Act for a new town called Lunenburgh, which he thinks he omitted. Unsigned. Endorsed, Recd. 15th June, 1730, Read 9th June, 1731. 1 p. [C.O. 5, 872. ff. 146, 147v.]
May 7.
Whitehall.
215. Mr. Popple to Col. Dunbar. Acknowledges letters of 9th and 29th Dec. Continues:—My Lord Commissioners have considered the Declaration published 2nd Dec, wherein by explaining the meaning of the Act for the better preservation of H.M. woods, quite contrary to the letter thereof, you give a liberty to such as are willing to destroy them; My Lords who are extreamly surpriz'd at your acting in such direct opposition to ye law, and to your Instructions, in this particular, do expect that you immediatly recall your aforesaid Declaration, and that you take especial care, that the laws for the preservation of H.M. woods be punctually put in execution, to ye utmost of yor. power. My Lords think you will do very well to try ye effect of these laws, against any of those who contrary thereto, have committed waste in the King's woods; and their Lordships desire to know very particularly what passes upon this occasion, that proper measures may be taken, in another Session of Parliament, to render anything that may be found defective. As to anything you say in your aforesd. letters about the Agent to the Contractors for Masts etc., the Lords of the Admiralty will send you the proper orders etc. You will receive herewith the Instructions H.M. has thought proper to give you, with respect to the settlement of the Irish families between the Rivers of Penobscot and St. Croix, upon which service my Lords expect you will immediatly apply yourself, that a settlement of so much consequence, may not be dropt for want of proper encouragement. But as ye Penobscot Indians have already intimated to you that [they] expect you do not pass St. George's River, my Lords do think it for H.M. [service] that you do acquaint the Governor of Nova Scotia therewith, in order for his directions; But in ye meantime, you are to use yor. utmost endeavours to gain the said Indians, by the most gentle usage, in order to prevent their obstructing this new settlement, as they seem to threaten. My Lords observe what you write concerning the settlement you have already made at Pemaquid, the fort you have built there, and the claims made by the people to ye lands, to the eastward of Kennebeck, under grants from the Council of Plymouth; but their Lordships do not give you any immediate answer, because a petition from Mr. Waldo having been referr'd to them etc., you will receive H.M. more particular directions, and in the mean while you will do well to avoid any dispute with those people upon a point not yet absolutely determin'd. I have their Lordships' directions to acquaint you, that they do not approve of your having nam'd the country wch. you are directed to settle, the Province of Georgia, because it is part of, and under ye Government of Nova Scotia, and being call'd a Province, it may be thought distinct, and not under any Government; My Lords therefore think it shou'd be named George County, in Nova Scotia; and upon this subject, their Lordships command me to tell you, that they think it proper to give your new settlements English names, with English terminations; for which reason you will change ye name of Fredericksburg to Frederick Town or Fort. As to the Fishermen, who you imagine will go in numbers from New England to settle in George County, my Lords direct me to acquaint you that you ought to give them, or any others all possible encouragement, subject always to ye restrictions mentioned in yor. Instructions, by which you are likewise directed to set out at least 100,000 acres of land in this new county; as a nursery of trees for ye Royal Navy, besides the 200,000 acres which you are to set out in the other parts of this Government for the same purpose. The setting out of these 300,000 acres being of immediate consequence to H.M. and to the speedy settlement of the Province, no grants of lands being to be made prior thereto, you will do well to lose no time in a work of this importance. My Lords return you thanks for the printed papers you inclos'd to me, about the behaviour of the people of the Massachusets Bay, relating to ye settlement of a salary on their Governor, and my Lords desire, that whenever any accounts of a publick nature come to your knowledge, you will communicate the same to, Sir, your most humble servant, Alured Popple. [C.O. 5, 916. pp. 382–385.]
[May 8]. 216. Petition of Capt. James Sutherland to the King. Petitioner was appointed Captain of Johnson's Fort near Charles Town by Governor Nicholson, but after his death the President sold his post to a tradesman entirely ignorant of military affairs, without any complaints against him, or knowledge of the Council. He has served H.M. near 30 years and been of great use to the Trade and Navigation of that place, as may appear by the annexed certificate etc. In May, 1725 hearing a pyrate was off the barr of Charles Town, with 35 men on board, petitioner with only nine men surprized and took her. 135 of the principal inhabitants signed a petition to Governor Nichol- son for a reward for him, which he brought over to lay before his late Majesty, but he soon after dying, petitioner's services were never considered. The abovementioned place being in H.M. gift as Proprietor, prays to be reinstated etc. Undated. 1 p. Enclosed,
216. i. Petition of (135) Merchants and Freeholders of Charles Town to Governor Nicholson, the Council and Assembly. Commend Capt. Sutherland's services as above and recommend him for a reward. Charles Town. 16th May, 1725. 135 Signatures. Copy. 1 p.
216. ii. Petition by masters of ships trading to Carolina. Recommend Capt. Sutherland and pray that he may be restored to his command. London, Aug. 14, 1729. 27 Signatures. 1 p. [C.O. 5, 383. Nos. 45, 45.i., ii.; and (duplicates) 52, 52 i., ii.]
May 8.
London.
217. Lord Strathnaver* to Charles Delafaye, "at his office in the Cockpit." My Lord Sutherland would have waited on you about Captain Sutherland's affair but is led upp with the gout etc. Begs him to forward his petition (v. preceding), which H.M. has given to the Duke of Newcastle etc. Signed, Strathnaver. Addressed. 1 p. [C.O. 5, 383. No. 46.] (fn. 1)
May 8.
St. James's.
218. Order of King in Council. Approving draughts of Instructions for Jonathan Belcher, Governor of Massachusetts Bay and N. Hampshire. Signed, Temple Stanyan. Endorsed, Recd. 30th May, Read 4th June, 1730. 1 p. [C.O. 5, 192. f. 266; and 5, 871. ff. 114, 115v.]
May 8.
St. James's.
219. H.M. Instructions relating to Trade and Navigation for Jonathan Belcher, Governor of New Hampshire and the Massachusetts Bay. [C.O. 5, 192. ff. 267–341, 361–427.]
May 8.
St. James's.
220. Order of King in Council. The Lords of the Committee of the Privy Councill having represented that during the whole time the late Mr. Burnet was Governor of Massachusetts Bay he had not received any salary or allowance whatsoever from the Assembly, and although several sums had been from time to time voted for him; and particularly one of £6000 that country money in August last, yet as the said sum was offered to him on terms contrary to those required by H.M. Instructions to him, he had in duty to H.M. and in just regard to the trust reposed in him refused to accept thereof, whereby his family hath been deprived of the advantages which might have been received from that Government etc., Ordered, that Governor Belcher do acquaint the Generall Assembly in His Majesty's name, that it is expected they should make good to Mr. Burnet's children the sum voted to their late father in Aug., 1729, or at least such a sum as shall appear due to him for the whole time of his Government at the rate of £1000 sterl. per annum being the sum recommended in H.M. Instructions to be settled upon him in the said Province. Signed, Temple Stanyan. Endorsed, Recd. 30th May, Read 4th June, 1730. 1½ pp. [C.O. 5, 871. ff. 116, 116v., 117v.]
May 9.
Jamaica.
221. Governor Hunter to Mr. Popple. Acknowledges letters of Dec. and Feb. last. Continues:—I send you with this a plan of Ye Fort according to our last projection wch. varys but litle from the rude sketch sent to Mr. Delafaye etc., but not fitt to be layd before the board. This you may lay before them. Though I beleeve we shall make some alteration still in nothing material etc. Ingineers like mules if you will not let them go their own pace will stand stock still, and this has been my puzle. However the Assembly having given no more than £3000 towards the finishing it, but left it intirely to my management, it shall be lay'd out with the best ceconomy and what may be wanting to perfect it must be trusted to new ways and means and good humour for I have observ'd that Assemblys like other Clubs when nothing is charg'd in a bill but what they have bona fide had will pay the reckning and call for th' other bottle. Your cusing [Henderson. Ed.] wants much to get out of the Assembly and indeed I shall be pleased he did, for he will be more his own master and make a better figure in Council. He makes a very good one at ye barr. P.S. I have sent inclos'd to the Duke of Newcastle a memorial to H.M. for some stores of warr for ye use of Port Antonio. I intreat you'll promote it as far as may ly in yor. way. Signed, Ro. Hunter. Endorsed, Recd. 2nd July, Read 15th Oct., 1730. Holograph. 1¾ pp. [C.O. 137, 18. ff. 110, 110v., 111v.]
May 9.
Jamca.
222. Governor Hunter to the Duke of Newcastle. I have by this conveyance, the Plimouth, given your Grace so much trouble that I shall be short in this. It is only humbly to beg your Grace's assistance towards procureing from H.M. a grant of Royal mines in this island in ye same form and on ye same terms they have been formerly granted to others. Mr. Delafay will attend your Grace for that purpose. I have sent him copies of former grants, and the names of the present petitioners for a new one, viz. Edward Prater, Thomas Hoy and Rot. Hunter, etc. Signed, Ro. Hunter. Endorsed, R. July 3. Holograph. 1 p. [C.O. 137, 53. ff. 215, 216v.]
May 9. 223. Order of House of Lords. Any reports by the Board of Trade on rice exported from the Plantations are to be laid before the House. Signed, Wm. Cowper, Cler. Parliamentor. Copy. ¾ p. [C.O. 5, 361. ff. 97, 98v.]
May 9. 224. Copy of proceedings in the Court of Vice Admiralty, Boston, 9th May, 1730, upon 20 white pine logs seized by Jeremiah Dunbar at a mill upon Royal river, which Mr. Peter Wyre said were his and that he cut them upon his own land. The Judge, Nathaniel Byfield, decreed that the evidence of Jeremiah Dunbar was not sufficient to convict defendant by his own expressions in conversation, when he denies it in court, and that therefore the logs seized only are to be forfeited and defendant to pay cost of this prosecution taxed to 11l. 10s. 10d. in silver at 8s. pr. ounce, or Province bills double. Col. D. Dunbar thereupon moved for an appeal which was allowed, David and Jeremiah Dunbar and John Overing of Boston entering into an enactment to prosecute it in the High Court of Admiralty in South Britain within 12 months etc. Endorsed, Recd., Read 26th Oct., 1731. Copied from the original reed, from Mr. Jeremiah Dunbar, wch. was sent to Mr. Burchet, Addressed. 7 pp. [C.O. 5, 873. ff. 236–239v.]
May 10.
Jamaica.
225. Governor Hunter to the Council of Trade and Plantations. Acknowledges receipt of new Broad Seal and returns the old one. Encloses Minutes of Council and Journal of Assembly to 28th March and six Acts etc. Continues:— My reasons for passing the same I shall endeavour to lay before you in as plain and brief a manner as I am able, (i) An Act for vesting 20 acres of land in Lynch's Island in the Crown. This is exactly conformable to what your Lordships were pleased to recommend etc. (ii) for the better amending the highways. This is intirely a municipal law, the former Act for that purpose having been thought insufficient, (iii) To oblige the several inhabitants to provide themselves with a sufficient number of white people or pay certain sums of money in case they shall be deficient, and applying the same to several uses, and for repairing the wall of Port Royal. There is but one material difference in this Act from those which have been pass'd in former years, under the same title, and that is in the first clause it is enacted that white women, white boys and white girls, servants, shall stand as deficiencys, but after the first six months whoever shall be found deficient in their number of white people are to pay double what they did the preceding half year, the former Act expressing only white men. This is one expedient the Legislature hath thought of for the better peopling of the country, to which I could make no objection being willing to try the experiment and out of the money arising by this Act the soldiers of H.M. two Independent Companys are provided for as usual, and the overplus to be disposed of as shall be hereafter directed by the Legislature. (iv) for raising several sums of money and applying the same to several uses. This Act is commonly known by the name of the Additional duty bill, and is verbatim the same as the one pass'd last year under ye same title, except in the appropriating part wherein they have given 3000l. for the fortifications of Port Antonio, and about 1800l. more to make good former engagements to different people, and the usual sallary to their Agent, and other officers. Tis computed by good hands that this Act will raise this year about 10,000l., and the remainder of the money not particularly appropriated is in the later clause of ye said Act to be apply'd for ye use of partys. (v) for the better suppressing and reducing the rebellious and runaway negroes. Of late there has been many depredations and violencys committed upon the frontier settlements to the great discouragement of new setlers, which occasion'd the Assembly first to address me, to fit out partys for the better security of the settlements at Port Antonio, and afterwards to pass this general Act, which tho' not altogether so compleat as I could wish, yet it may in some measure have a good effect, and as it is intirely a municipal law pass'd at their unanimous desire, I likewise recommend it to your Lordships, as a proper act to be pass'd by H.M. (vi) for the better regulating slaves and rendering free negros and mulattos more usefull, and preventing hawking and pedling, and enlarging the time for the Commissioners collecting the outstanding debts. It having been alleg'd, and I believe very justly, that the number of free mulattos, and free negros daly increase, and that their houses and habitations are often times receptacles of rebellious, and runaway slaves, either by their idle and indolent life, or by supplying the runaways with powder, arms and ammunition, which may prove of pernitious consequence to the Island, if not prevented, has given birth to this bill, and as hawking and pedling about the street by free negros with several goods and merchandize and [by] provisions by whom the runaway negros (as is alleg'd) are likewise supply'd. The Legislature hath thought proper in this bill to restrain them, under severe penaltys from such practices for the future, and to oblige them to go upon all emergencies in pursute after rebellious negros, at the command of any magistrate, or military officer. This will render them more usefull to ye country, and tho' this law is thought by some to be severe, yet for my own part I think it a good one, and could have wish'd that a clause had been incerted in it, that no mulatto, Indian, or Negro should hereafter be made free, unless the owner allotted them a sufficient maintenance during life. The later part of the preamble of this bill explains ye meaning of the last clause, so that upon the whole if your Lordships think proper, it may likewise be lay'd before H.M., for his approbation. The Assembly had no sooner pass'd these six bills, then they mov'd for a recess, which I was willing to gratifie them in, in hopes they'll meet at the time I have adjourn'd them to, and finish what I recommended to them for strengthening and better securing the country. Several Commitys are appointed during the recess, to consider of proper heads for a bill to that purpose, and I shall forward them all I can. As ye new settlements at Port Antonio, are going on with good success, and the harbours there having been jug'd by Admiral Stewart, and other Captains of men of war, places of security, for H.M. ships, 'twill be necessary for the further strengthening the mouth of ye harbours that a fortification or battery should be erected upon the east end of Lynch's Island. That would effectually secure ye harbours from any attempt that could be made by sea against them and as the country have already been at very considerable expence in securing the new setlers and fortifying the penensula I am in hopes H.M. will be induc'd from your Lordships power-full recommendations to lend us a helping hand, for that purpose by sending us great guns and other ordinance stores. I have humbly requested ye Secretary of State to present to H.M. a memorial from me on that head and intreat your Lordships countenance to it. Upon the receipt of your Lordships commands, 9th Dec., I ishewed orders to ye proper officers to return to me forthwith such accounts as may inable me to make a return to your Lordships' queries, I hope by the next conveyance etc. Signed, Ro. Hunter. Endorsed, Recd. 2nd July, Read 15th Oct., 1730. 8½ pp. [C.O. 137, 18. ff. 112–116, 117v.].
May 11.
Whitehall.
226. Council of Trade and Plantations to the King. In obedience to Order of 20th April, directing us to prepare Instructions for Governors, requiring them to be assisting the Officers of the Vice-Admiralty Courts etc., we humbly take leave to represent, that all your Governors have already an article in their Instructions, of which we inclose a copy (Art. 41 of Governor Belcher's Instructions), that your Majesty may be pleas'd to judge whether it does not effectually answer the intent of your Majesty's Order etc. [C.O. 324, 11. p. 236].
May 11.
Whitehall.
227. Mr. Popple to Mr. Burchet. In reply to 2nd Feb., acquaints him with the instructions given to Col. Dunbar to recall his licence in question etc. v. 7th May. The Council of Trade are leaving the matter of his differences with the Agents of the Contractors for masts to the Lords of the Admiralty etc. [C.O. 5, 916. p. 386].
May 11. 228. Mr. Attorney General to the Council of Trade and Plantations. Reply to 8th May. Concludes:—I am of opinion that by virtue of the generall and extensive words of [your] Commission, your Lordships are sufficiently authorized to administer such oaths to the said claimants. And I apprehend that certificates thereof signed by any three of your Lordships will be proper proofs to be transmitted to the Commissaries, unless there be any certain rule established concerning the proofs to be laid before Commissaries of this nature, whereby evidence taken in this manner is excluded. Signed, P. Yorke. Endorsed, Recd., Read 11th May, 1730. 2 pp. [C.O. 388, 89. ff. 60, 60v., 61v.].
May 11.
Lincoln's
Inn.
229. Same to Mr. Popple. I receiv'd your's dated this day and desire you would acquaint my Lords Commissioners that I am of opinion that the oaths taken before them, by persons making claims of losses by the Spaniards, ought to be attested and sign'd in the same manner as any other oath administred by them by virtue of their office. If there is no certain method of doing this established, then I should humbly advise rather that they should be sign'd by any three of their Lordships, who have ye power of administring such oaths, than by their Secretary, that being most agreeable to ye manner of taking affidavits or depositions in like cases; but it seems proper to add thereto their seal of office likewise. Signed, P. Yorke. Endorsed, Recd., Read 12th May, 1730. 1 p. [C.O. 388, 89. ff. 62, 63v.]
May 12.
Admiralty
Office.
230. Mr. Burchett to Mr. Popple. Asks for opinion of Council of Trade and Plantations upon Col. Dunbar's proposal in letter to the Duke of Newcastle that the Informer should receive the whole of the penalty in cases in the Admiralty Court etc. Signed, J. Burchett. Endorsed, Recd. 13th, Read 22nd May, 1730. 1½ p. [C.O. 5, 871. ff. 110, 110v., 111v.]
May 12.
Whitehall.
231. Mr. Popple to Mr. Fane. Encloses copy of letter from Capt. Osborn in relation to the levying of taxes for building a gaol (v. 28th March), and enquires whether, upon considering said letter, he has anything to add to his report of April 26th. [C.O. 195, 7. p. 247.]
May 13.
Whitehall.
232. Mr. Fane to the Council of Trade and Plantations. Reply to preceding. I can add very little to report of 26th April. Concludes:—I think that Capt. Osborne having acted with so much caution and prudence and not haveing taken one arbitrary step in the execution of his Commission cannot be lyable to a prosecution in England, in case the inhabitants should not acquiesce in the tax. I think it absolutely necessary that the tax should be levyed according to the statute of King William, and notwithstanding the proceeding which has already been had was not entirely agreeable to that law, I think Capt. Osborne will be very well justified in pursuing it as it seems to be the only method whereby the designe and intention of H.M. Commission can be executed. Signed, Fran. Fane. Endorsed, Recd., Read 13th May, 1730. ¾ p. [C.O. 194, 8. ff. 321, 322v.]
May 13.
Whitehall.
233. Council of Trade and Plantations to Governor Osborn. You will perceive by two reports from Mr. Fane relating to the powers contained in your Commission and the measures you have taken for executing the same, that you stand perfectly justified according to his opinion, and so you do in ours, in all the steps you have taken there for preserving the peace and tranquillity of the inhabitants, during your absence, more particularly with respect to the building of a goal. And as you have certainly pursued the intentions of H.M. Commission and Instructions, so we hope you will find at your return that a proper submission has been paid to your orders. But if any refractory persons have refused to contribute to the prison you will see that you will be justified by Mr. Fane's report in putting the statute of K. Wm. III in execution, that is to say by impanelling a Grand Jury and making fresh orders at a Quarter Sessions upon their representation for this purpose. But as perhaps some difficulty may arise upon the terms in which your orders have been or may be conceived, it may not be an improper caution for the future in all levies to be made by virtue of the said Act of Parliament that the respective rates be levied in money exchangeable for fish at the option of the party who is to pay the same. [C.O. 195, 7. pp. 248, 249.]
May 13. 234. Mr. Popple to Mr. Attorney and Mr. Solicitor General. Requests reply to 21st April as soon as possible. [C.O. 5, 1294. pp. 10, 11.]
[May 13]. 235. Deposition of Thomas Marsingall, master of the Crowne of Newcastle, London, 3rd Jan., 1721, that following is a true account. Copy, ? p. Enclosed,
235. i. Inventory of goods belonging to the master of the Crowne of Newcastle, when seized in Mallaga Road by the Spaniards. Value 28l. 7s. 0d. Endorsed, Recd, (from Coll. Bladen), Read 13th May, 1730. Copy. 1/3 p. [C.O. 388, 89. ff. 64, 65, 67v.]
[May 13]. 236. Deposition of Robert Bailiff, late supercargo of the Crowne of Newcastle, that following is a true account. London, 23rd Jan., 1721. Copy. 1 p. Enclosed,
236. i. Inventory of goods belonging to R. Bailiff taken in the Crowne of Newcastle etc. by the Spaniards. Value, 228l. 3s. 6d. Signed, Ro. Bailiff. Endorsed, Recd. (from Coll. Bladen being delivered to him by John Hedworth Esq., Knight of ye Shire for ye County Palatine of Durham), Read 13th May, 1730. Copy. 1 p. [C.O. 388, 89. ff. 68, 69, 71v.]
[May 13]. 237. Deposition of Robert Bailiff that the Crowne of Newcastle, by contrary winds and without knowledge of any breach with Spain, was obliged to put in for water and provisions at Malaga, 6th Sept., 1718, when they were taken prisoners by the Spaniards etc. Signed, Ro. Bailiff, London, 10th April, 1719. Endorsed, Recd, (from Coll. Bladen), Read 13th May, 1730. Copy. 1½ pp. [C.O. 388, 89. ff. 72, 72v., 73v.]
[May 13]. 238. Deposition of Thomas Marsingall, master of the Crowne of Newcastle and Robert Bailiffe, super cargoe, that in prosecution of a voyage from Cette to Amsterdam, they were obliged to put into Malaga Road where the ship was seized as prize etc. The following account is true, besides the spoil of the said ship's bottom, the master being obliged by means of her detention to double her with thin deals when he brought her home to Newcastle. London, 23rd Jan., 1721. Endorsed as preceding. Copy. 1½ pp. Enclosed,
238. i. Inventory of loss by the seizure of the Crowne of Newcastle (including 731l. 5s., cash paid for repurchase of sd. ship when bought at Malaga) 1469l. 12s. 4d. Signed, Thos. Marsingall, Ro. Bailiff. Copy. 1 p. [C.O. 388, 89. ff. 74–75, 77v.]
May 14.
Whitehall.
239. Order of Committee of Council. Referring following to the Council of Trade and Plantations for their report. Signed, Temple Stanyan. Endorsed, Recd. 15th, Read 19th June, 1730. 1 1/3rd pp. Enclosed,
239. i. Petition of John Moore, Collector of H.M. Customs, Philadelphia, to the King in Council. Refers to proceedings in case of the ship Fame and Depty. Governor Sir W. Keith, (v. A.P.C. III. No. 88 and C.S.P. Nov. 25, 1724). In pursuance of the Order of the Committee of Council, Nov. 20, 1725, petitioner, having taken the opinion of Sir Philip York and Sir Clement Wearg that the Supreme Court of Pensilvania was the proper Court etc., did in April, 1726 exhibit there an information upon the said seizure, and in Sept. following sentence of condemnation was obtained, and thereupon petitioner did commence divers suits agt. persons concerned in the intrusion and embezzlement. But pending the said suits, the defendants combining with Sir Wm. Keith formerly Govr. but then a member of Assembly etc. did apply to the Assembly and by their influence and interest did prevail on the present Govr. and the then Assembly to pass an act on 25th Aug. 1727, whereby the sd. suits and information commenced by petitioner qui tam etc. were discontinued and the Supream Court which had a power of a Court of Exchequer by the law of Pensilvania declared to have no jurisdiction therein, and enacted that the County Court, (consisting of the same magistrates, being all merchts.), which had before given judgment on the covinous information, should take cognizance of informations and have the power of a Court of Exchequer for the future, which puts petitioner under apparent hardships and difficulties etc. Prays that the Act for the establishing of Courts of Judicature may be repealed etc. Signed, J. Moore. 2¾ pp.
239. ii. Springett Penn, grandson and heir at law and John Penn, Thomas Penn and Richd. Penn devises under the will of William Penn deed, answer to the Committee of Privy Council for hearing appeals etc. to the preceding petition. 12th May, 1730. They are wholly strangers to the petitioner's complaint of his being deprived of the benefit of a seizure etc. But as to the Act for establishing of Courts etc. quote Charter. Some few weeks since respondents presented a transcript of the Act to the Council of Trade in order to the pleasure of the Crown thereupon. Describe purport of the Act and the occasion of its passing, a petition of Merchants to the Assembly, 22nd Nov., 1726, alleging that they conceived the Judges of the Supream Court had no power to issue original process but that they had lately assumed to themselves such a power to the great grief of the subject etc. The Assembly had the matter under their consideration for 9 months as being an act of the most publick concernment etc. Deny that it was intended to prejudice petitioner's action. Continue:—The Depty. Governor in obedience to H.M. commands added the clause for suspending execution on appeals unless the appellee gave security etc. He was so far from desiring anything prejudicial to H.M. service or even inconvenient to the petitioner, that it appears by the Minutes of Council that he offered a clause to be added wch. he had reed, from Mr. Moore himself, and wch. Mr. Moore alleged to be for H.M. interest etc., whereby all informations and prosecutions wherein the Crown should be concerned should be commenced originally in the Supream Court etc. But it was observed by all the members of the Councill that it would be in vain to offer the same to the Assembly because the chief design of the bill was to take from that Court the power of issuing original writs wch. power the Assembly had unanimously resolved was not in the said Court, it being only a court for redressing the errors of other Courts etc. Notwithstanding which, the Deputy Governor (who was apptd. by respondents) had so great a regard to what was said to be for H.M. service, that he pressed that the proposed clause should be laid before the Assembly etc., who not agreeing to it, the Act was passed without it. Petitioner seems to say that the Supream Court before the passing the Act had by the law of Pensilvania a power of a Court of Exchequer, and that consequently the informations or actions he originally brought in that Court were proper, but respondents deny that they ever heard of any law or even usage which can support that allegation, etc. One of the oldest Acts of Pensilvania established the forms of all arrests and summons to answer (which are the first processes to bring defendants in to answer any action), and by those forms those writs are returnable in the County Courts only and not in the Supream Court. The commencing suits originally in the Supream Court would be not only a great vexation and prejudice to the Province and contrary to the general rule in H.M. Colonys, but also give your Lopps. infinite trouble. For Pensilvania being but an infant settlement etc., and the body of the inhabitants of very small fortunes beginning to clear and improve the lands, and scituate at very remote distances from Philadelphia (where only the Supream Court is held), it would be to their utmost prejudice and indeed utter ruin to be drawn off from their settlemts. up to Philadelphia upon every action how small soever, and afterwards upon an appeale from that Court to H.M. here, (there being no appeal from the Supream Court but hither), the loss and time and expence whereof would be what their circumstances would not bear etc. Petitioner insinuates that this act was made purposely to defeat his actions, but the publick nature of the act itself is a sufficient answer to such pretence, etc. There is nothing in the act that would prevent the Supream Court proceeding on his actions, provided they had really original jurisdiction before. For the negative clause is only that the Supream Court shall not issue original process etc. Criticises his other statements and pray that this reasonable publick act may be confirmed, etc. Signed, Fred. John Paris, Agent for the Respondts. Copy. 15½ pp.
239. iii. Affirmation by James Steel, Quaker, late of Philadelphia, that the following is in the handwriting of Robert Charles, etc. 6th May, 1730. Signed, James Steel. Copy. 1 p.
239. iv. Minutes of Council of Pennsylvania. 18th Aug., 1727, relating to the clause referred to in No. ii. Signed, Robt. Charles, Cl. Con. Copy. 2 pp. [C.O. 5, 1267. ff. 120–131, 132, 132v., 134v.]
May 14.
Whitehall.
240. Order of Committee of Privy Council. Referring enclosed petition to the Council of Trade and Plantations for their report thereon. Signed, Temple Stanyan. Endorsed, Recd. 19th, Read 20th May, 1730. 1¾ pp. Enclosed,
240. i. Petition of John Lord Carteret, Palatin, to the King. States his right to an eighth undivided part of the Province of Carolina, which is expressly reserved to him by the Act of Parliament passed last Session for establishing an agreement with seven of the Lords Proprietors of Carolina for the surrender of their title and interest in that Province to H.M. Prays that his eighth part of the soil may be set out by Commissioners appointed by H.M. and himself, and offers thereupon to surrender to H.M. his share and interest in the Government of the Province and confirm to H.M. the other seven parts, etc. Signed, Carteret. Copy. 6¾ pp. [C.O. 5, 361. ff. 99–103, 104v.].
May 14.
Chelsea.
241. Earl of Sutherland to Mr. Delafaye. Asks him to forward Capt. Sutherland's petition, (v. 8th May). Signed, Sutherland. Addressed. Sealed. 1 p. [C.O. 5, 383. No. 47.]
May 14.
Chelsea.
242. Same to the Duke of Newcastle. To same effect. Signed, Sutherland. 1 p. [C.O. 5, 383. No. 48.]

Footnotes

1 [Courtesy title of heir to Earl of Sutherland.]