America and West Indies
November 1721

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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481-496

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'America and West Indies: November 1721', Calendar of State Papers Colonial, America and West Indies, Volume 32: 1720-1721 (1933), pp. 481-496. URL: http://www.british-history.ac.uk/report.aspx?compid=74129 Date accessed: 31 July 2014.


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Contents

November 1721

Nov. 1.
St. James's.
706. H.M. Commission to Governor the Duke of Portland to be Captain of an Independent Company at Jamaica. Countersigned, Carteret. [C.O. 324, 34. p. 82.]
[Nov. 2.]707. List of Lt. Governors of Jamaica, 1702–1721. 1 p. [C.O. 137, 51. No. 76.]
Nov. 2.
St. James's.
708. H.M. Commission to Charles Du Bourgay to be Lt. Governor of Jamaica. Countersigned, Carteret. Endorsed, Recd. 22nd Nov., Read 5th Dec. 1721. Copy. 1½ pp. [C.O. 137, 14. ff. 46, 46v., 47v.; and 324, 34. p. 83.]
Nov. 2.
Barbados.
709. Memorial of the Council of Barbados to the Council of Trade and Plantations. The behaviour of Mr. Cox since he was honoured with the trust of Commander-in-Chief has been one continued series of tyranny and oppression etc. So far from obeying H.M. orders for restoring all officers civil and military, he has refused to restore upwards of 100 Justices of the Peace etc., and encourages a parcell of mean fellows his creatures whom he made Justices to insult gentlemen of the best fortunes and distinction in the Island and upon any frivolous pretence to committ some and threaten others to the stocks. Tho' he made a shew of restoring severall officers, yet he no sooner had done so but he immediately turned them out again. In order to defeat H.M. said orders, he has formed severall frivolous complaints against such gentlemen whose places are of any proffitt to make room for his sons in law and accordingly carried on a prosecution agst. the honble. Edmund Sutton, Chief Judge of the Court of Common Pleas for the precinct of St. Michaell, and after he had most vilely proceeded therein by professing himself a party and calling the witness agt. Mr. Sutton our witnesses and the Council employed our Council, and not suffering Sutton or his Council to offer anything in justification of Sutton or against the unpresidented manner of his proceedings, he turned out Sutton and in his place named one of his sons in law Mr. Beckles without the consent and against the advice of the Council. His behaviour to the Council on this and indeed on every occasion is so incredible that did he not glory in it we cou'd hardly hope for creditt. He orders the Council to attend here twice or thrice a week but suffers not one of them to speak or offer his reasons or to give any opinion touching any the matters in debate and should any of them raise the least objection or ask any questions for better information he immediately orders him into custody or threatens to committ him. His treatment of Mr. Ball and Mr. Bond are so notorious that wee presume twill not be denyed. He tells the Councill in the most insolent abusive terms they have nothing to do with matters complained of at that Board and therefore are to ask no questions nor give any opinions but when he requires it etc. He will not suffer any Minutes to be taken but those of his own dictating by which means the Council are represented in the most unjust manner for their reasons and objections by his express commands are misrepresented and his own made to answer his purposes by altering changing and interpolating as the occasion will best suit his designes and to compass his ends herein he has order'd the Depty. Secry. and Clerk of the Council not to attend at that Board, and has appointed one to take the notes or minutes of Council that he may afterwards add or alter at pleasure etc. From our opinions and reasons for many years offer'd at this Board and duly entered in the Councill Books, none can think us capable of committing such gross absurditys as he is pleased to charge us with etc. But the publick are more nearly concerned in respect as well to their liberty as propertyes. For no affair is determined at this Board under the present administration but one or other of the partyes find themselves very much aggrieved in the manner of the President's taking and ordering the Minutes. He forms no other rule than that of gratifying his resentments and malice preferring his creatures and sons in law to all the posts and preferments in the Governmt. and in order thereto to load all those gentlemen that stand in his way with infamy and disgrace. Not a gentleman of the Law dare object to any course or method he proposes to take or even on the justest occasion to speak for their clients without hazarding being committed. The fate of a gentleman whom for no other reason he committed notwithstanding he offer'd any security his Honour shoud require gives them just apprehension, and wee cannot doubt of the like usage to ourselves as he has often threatned if wee in the least by our reasonings offer to controul his most arbitrary designes. His usage of Mr. Carter in forming a prosecution agt. him for a pretended endeavour of his to engage a person's vote for the election of an Assembly man about 15 months agoe, and the manner of his carrying on the same in order to suspend him will be a notorious instance of his malice, but this affair not being yet determin'd, we shall not further insist upon it etc. Pray that no vile misrepresentations from Mr. Cox or his packt Assembly may receive any judgment untill H.M. has given them time to make good their charges etc. Signed, Tho. Maxwell, Tho. Maycock, Guy Ball, John Lucie Blackman, Will. Carter, Fra. Bond, John Colleton. Endorsed, Recd. 6th, Read 9th Jan., 1721 (2). Addressed. 12/3 p. [C.O. 28, 17. ff. 206, 207, 207v.]
Nov. 2.
Barbados.
710. Mr. Carter, Attorney General of Barbados, to his correspondent, Mr. George Newport. Merchant in London. Repeats complaints in preceding concerning Mr. Cox's despotic behaviour in Council. "He used threats of imprisonment to Mr. Ball when he insisted upon his right of speaking at the Board; and Collo. Bond was ordered to be taken into the custody of the provost marshal as he sat at the Council Board, for asserting his right as a Member there" etc. Continues:—Lately he and his creatures caused a petition to be exhibited by four persons against Judge Sutton etc. This petition was ordered to be heard in Council, and Mr. Sutton directed to answer it, accordingly he did prepare an answer in writing, which he delivered in at the Council Board desiring that the same might be read and afterwards entered in the Councill, as the petition against him had been, but instead of suffering that to be done, Mr. Cox snatched up the answer with severall coppyes of records which were annexed to it, and put up all safely into his pocket declaring that the answer should not be read, whereupon Mr. Sutton insisted upon having the answer returned to him but all in vain; for Mr. Cox carry'd it home with him, where it remained severall dayes, during which time, he proceeded to examin severall witnesses very unfairly against Mr. Sutton, to matters which were not particularly alledged in the petition, which I objected to, because it was impossible for Mr. Sutton to make a regular defence without knowing what was charged agt. him. But this signified nothing. For Mr. Cox was determined to displace him from his Judgship at any rate, and to that end he afterwards caused Mr. Sutton's answer to be read and immediately upon that delivered in a long replication in writing, at the close of which was a sentence of deprivation against Mr. Sutton without the consent of the Council. My brother William Carter, too, has mett with sad treatment from this Mr. Cox, for some men have mett with encouragement, to swear to words which they say were spoken a year and a half ago almost, by which they would make him to prejudge a cause in Chancery, which is not yet determined. These affidavit men have bin sufficiently confuted by affidavits made by men of good credit and reputation, but yet 'tis thought that Mr. Cox will venture at a suspention. P.S. I give you this account, with a desire, that if the making it known can be of any use, you'l do it. Signed, Rich. Carter. Endorsed, Recd. Read 9th Jan., 172½. Copy. 2 pp. [C.O. 28, 17. ff. 208, 208v., 209v.]
Nov. 3.
New York.
711. Governor Burnet to the Council of Trade and Plantations. Informed that the 2 pr. cent. Act was very much opposed by the merchants and in great danger of not being confirmed, refers to postscript to letter of 26th Nov. 1720 etc., and adds: (i) By the Act for a revenue passed in 1691 ten pr. cent. was given on goods called Indian goods, specified therein, to be cheifly of English manufacture for 2 years, besides the 2 pr. cent. on all other English goods. (ii–v) By the Acts pass'd, in 1692, and 1693, 1698, 1702, the same dutys were continued at 5 pr. cent. and 2 p.c. to 18th May, 1709, at which time the whole Revenue expired etc. It is hoped since the additional heavy dutys of 10 per cent. and afterwards 5 per cent. are not now renewed the moderate one of two per cent. will be confirmed. Since the profit of 30 or 40 per cent. is generally made on course goods from Bristol and 20 or 30 on the finest goods from London and that the use of this Act is for the fortifying this Province and securing ye Indians in the British interest, without which is secured the whole beavour trade which is the cheif return for the aforesaid goods will be wholly lost from us to the French which makes it more reasonable that the merchant should bear so small a duty, since the most immediate benefit will accrue to them from it unless they desire rather to trade with the french in Canada entirely for beavor, and to let them have the whole trade of English goods with the Indians which has been too much the practice of late, to the utter ruin of the british interest with the Indians, if it had not been prevented by a seasonable law made at the same time with the aforesaid two per cent. Act etc. Signed, W. Burnet. Endorsed, Recd. 18th Dec., 1721, Read 18th May, 1722. 1½ pp. [C.O. 5, 1053. ff. 31–32v., 33v.]
Nov. 7.
Charles Town, South Carolina.
712. Governor Nicholson to the Council of Trade and Plantations. Refers to letter of 6th Oct. repeating part of Oct. 28th. Sends this by Mr. Lloyd etc., 28th Oct. Continues:—I thank God our harvest of rice ended very well and I hope that of Indian corn will do ye same. I do assure yor. Lordps. that I have not been wanting in cost or pains to settle this H.M. Province etc. P.S. An Engineer arived here last week from ye Board of Ordnance he is employed at present in viewing Johnson's Fort and the fortifications of this town but I design next week (if possible) to carry him to the Alatamaha Fort. Signed, Fr. Nicholson. Endorsed, Recd. 3rd Jan., 1721, Read 20th April, 1722. 1¼ pp. [C.O. 5, 358. ff. 113, 113v., 114v.; and (abstract, with notes for reply) 5, 406. p. 2.]
Nov. 8.
Barbados.
713. Mr. Cox to the Council of Trade and Plantations. This ship being the last conveyance I am likely to have for Brittain this year, I have by her transmitted the Minutes of Councill to the 24th of October last which containe all the materiall occurences in this Island since my last. And as it is I hope the last oppertunity I shall have as President of Barbados of addressing yor. Lordships, I flatter myself that your Lordships will give me leave to make some reflections on my conduct, which has been so very much mistaken, and so unfairly misrepresented from hence by a set of men who are abandon'd to ye sense of all modesty and shame and whose only support is falsehood and calumny. 'Tis no small mortification to me (My Lords) to be inform'd in general by my enimes that I have incurr'd yor. Lordships displeasure and censure unhear'd and without knowing from yor. Lordships or any other person whatsoever what the particular crimes I have been accused of are. If I may be permitted to guess at them from the public prints (for those are the only accounts of particulars which I have) the charges against me are the most abominable groundless falsehoods that ever were invented, and without any manner of foundation. I am not surprised indeed that a sett of men should attack me with falsehoods in England when they have the assurance to do it to my face. But I cannot help being under a great surprize, to find credit given to them, I will say without proof because 'tis impossible to prove them. If I was too hasty in suspending the members of Council at the beginning of my administration, before the spirit with which they attackt me had sufficiently display'd itself in their actions, I perswade myself that their conduct since, will demonstrate even to your Lordships that the suspending them was for H.M. service, and that it was impossible for me any otherwise to administer the Government, or preserve the peace and tranquillity of the Island. And as to the changes I made in the civil and millitary officers, they were not such as was represented to yor. Lordships, they were only restoreing those old experience officers (who had been turn'd out by Mr. Lowther without cause) to their former posts. And I am sure were it possible for yor. Lordships, to comprehend what ye Militia was before, I turn'd out Mr. Lowther's needy officers and what it is since they have been restor'd, with what it was when comanded by the old officers who I restor'd, yor. Lordships would be of opinion that I deserved thanks for the changes I made. I am told that severe clamours have been raised about the election of a new Assembly, and I am at a loss to conceive how I can be affected with them. I had no concern in the elections, but the issueing the writts and issued them according to the laws of this Island, as the Assembly (whom the Law has made Judges of that affair) has determin'd: But as I know not the particulars of the charge either against myself or the Assembly, I shall pass over this head with remarkeing to yor. Lordships, that this Assembly by the election law which they pass't have plainely demonstrated, that they are for having the Assembly chosen by the real and substantiall freeholders, and not by sham votes, and if they have not a majority of the substantiall and bona fide freeholders for them, they have by this law excluded themselves from ever being chosen again. And if they have a majority of the freeholders for them, then they are the majority of the people, and not such an insignificant party as Mr. Lowther and his necescitous faction have most groundlessly represented them. Since my last I have removed Mr. Sutton from being Judg of the Bridge Court, in obedience to my eighth and thirty second Instructions, and in complyance with a Representation of yr. Lordships Board, and her late Majesties Order thereon dated ye 20th Aug., 1709. And copies of my reasons are inclosed, and the proofs of them in the Minutes of Council, and other papers herewith sent. The conduct of ye restored Members of Council on this occasion has been so very partial that I cannot give myself leave to doubt, but that yor. Lordships will be of opinion that it deserves censure. It discovers a spiritt of party and faction, that shews, that guilt and innocence with them are nothing but being for or agst. them. Their refuseing to agree to ye nomination of any person wt.soever to be Judg, when so many applications were made by the inhabitants who are like to be ruin'd for want of writts, which the Judges here only can test, is such an injury to H.M. subjects that can never be repair'd. I have done all in my power to prevaile on them to comply, but in vain, and am at a loss what method to take to prevent the injuries thereby dayly done to H.M. subjects. As to Mr. Carter's affair which yr. Lordships will find in ye Minutes of Council, etc. (v. 11th Oct.), as he has desir'd further time to answer, I shall not say any more of it. In some of the public prints I find the faction have accused me of encouraging the french trade. 'Tis amazing to me that any one that pretends to honour or humanity can advance such absurd lies, the very reverse of which are true. For I have had a more watchfull eye over that trade, and done more to prevent it than any of my predecessors ever did etc. My Lords, since I have been President I have had 18 vessells illegal traders seized, without being one farthing the better for them; for through the artifices of ye Attorney Generall Richard Carter, and the conduct of the Customhouse Officers, after I had order'd lybells in the Admiralty as the Acts of Trade and Navigation directs, the Customhouse Officer Gibbes in whose name they were brought by the advice of the Attorney Genll. as he told me disavow'd those libells, and brought informations in the Exchequer upon a Barbados Law, which gives halfe of the goods and vessell to the informer, and the other halfe to the Treasury here. Whereby I am deprived of one 3d. of ye seizures, which by the Laws of England belongs to me. However this shall not discourage me from doing my duty, But I can't but resent that those very people who are the encouragers of French trade should have the foreheads to accuse me of it. If yor. Lordships would know who are the chief encouragers of it, give me leave my Lords to assure you that they are none but the great factors who have large consignments and who want the french sugers for their cheapeness. But above all Mr. Henry Lascells Collector who by being one of the chiefest shippers of sugers to private persons as well as the King, ships the good sugers received for duty to his private correspondents at high prices, and buys french sugers at low rates and ships to the King for duty, which I am ready to prove upon him. I lately received a letter from the French Generall giveing an acct. of some pyrates, and have sent Capt. Brown in the Feversham after them, whose ships crew was so sickly that I was forced to supply him with about 50 men, the difficulty of procureing them, and all ships being sickly at one time or other of their being on the station shews the necessity of having two men of warr here. That on any emergency one may be man'd out of the other. Sign'd, Saml. Cox. Endorsed, Recd. (from Mr. Cooke at Mr. Cowley's agt. Queen Street end, in Windmill Street) 2nd, Read 11th Jan., 172½. 3½ pp. Enclosed,
713. i. Petition of Edmund Duffey, Habbakuk Saer and Willoughby Duffey to Judge Sutton, for quashing the outery for the sale of negroes, with Judge Sutton's order accordingly. 6th Oct. 1721. (v. No. 687. i.) Endorsed, Recd. 2nd, Read 11th Jan., 172½. Copy. 2½ pp.
713. ii. Petition of George Lyte Cooper to Judge Sutton, with order thereupon, as preceding. 3rd Oct. 1721. Same endorsement. Copy. 3 pp.
713. iii. President Cox's reasons for removing Edmund Sutton from being Chief Judge of the Court of Common Pleas of the Precinct of St. Michael, on the 24th Oct., 1721, in Council. (i) By refusing to swear Christopher Fowler to be an Assistant of the Court, he has very much obstructed the administration of Justice; and prevented the tryal of severall actions depending against himself, as well as Mr. Dining, Boynton, etc. (v. No. 687 v.) By not holding a Court on the first day of ye Sept. Court, he prevented and delay'd the administration of Justice to many complainants etc. (ii) He is Judge of the precincts where he lives etc. (iii) By usurping a power to reject Assistants legally commissioned by a President or Commander in Chief, etc., he invades the Royal Prerogative, and is guilty of contempt of and disobedience to H.M. authority. (iv) In assuming to himself a power to vacate sales at outery on executions, after bills of sale made out, the days of redemption expired and possession given, and to quash levys regularly made by Marshalls upon judgments and executions duly obtained, hath acted arbitrarily and illegally, and in a manner wholly new and unprecedented. (v) He is not quallified according to H.M. 8th Instruction, being a person necessitous and very much in debt. Same endorsement. Copy. 1 p. [C.O. 28, 17. ff. 228–229v., 230v.–235v.]
Nov. 9.
So. Carolina.
714. Mr. Middleton and Col. Moore to the Council of Trade and Plantations. The pressing affairs of the Province of South Carolina making it necessary to appoint Agents to solicit in Great Britain such things as are wanting for the prosperity and well being thereof, the General Assembly have thought fit by an Act to intrust Francis Yonge and John Lloyd Esqrs. in those affairs etc. Beg for their Lordships' countenance and interest etc. Continue:—Wee suppose H.E. General Nicholson has informed your Lordships of the state of this Province, and his steady and wise government having settled peace and tranquility amongst us makes him worthy of our highest acknowledgements, and wee are in great hopes will induce your Lordships to have the greater regard to our Agents, they having H.E.'s approbation and their Instructions received his assent to which we refer your Lordships etc. Signed, Arthur Middleton, P. Concil.; Ja. Moore Speaker, Dom. Cone. Endorsed, Recd. 9th Jan., Read 20th April, 1722. 1¾ pp. [C.O. 5, 358. ff. 115, 115v., 116v.; and (abstract, with notes for reply,) 5, 406. p. 3.]
Nov. 11.
St. James's.
715. Order of King in Council, approving draughts of Additional Instructions to the Governors of New York, New Jersey, Carolina and Barbados relating to the Bishop of London's power of licensing Ministers and Schoolmasters etc. v. 25th Oct. Signed, Edward Southwell. Endorsed, Recd. 23rd, Read 24th April, 1722. ¾ p. [C.O. 323, 8. No. 27; and (duplicate signed, Temple Stanyan) 5, 191. p. 353a.]
[Nov. 11.]716. Additional Instruction to Governor Lord Belhaven, as preceding. Copy. 1½ pp. [C.O. 28, 44. ff. 16, 16v.]
Nov. 11.
St. James's.
717. Order of King in Council. Approving draught of Additional Instruction for Governor Lord Belhaven relating to the settling and planting Tobago etc. Signed, Temple Stanyan. Endorsed, Recd. 28th, Read 29th Nov., 1721. 1¼ pp. [C.O. 28, 17. ff. 202, 202v., 203v.; and 5, 191. p. 97a.]
[Nov. 11.]718. H.M. Additional Instruction to Governor Lord Belhaven, referred to in preceding. Copy. 3¼ pp. [C.O. 28, 44. ff. 19–20v.]; and (draft) 5, 191. pp. 98–100.]
Nov. 17.
Whitehall.
719. Council of Trade and Plantations to Lord Carteret. Enclose extract of Governor Burnet's letter 12th July, with a Memorial delivered to him by Mr. Durand, the bearer hereof etc. As your Lordship will see thereby, he is a person capable of giving information of the transactions between the French and Indians, and as he hath renounced Popery and embraced the Protestant Religion; we take the liberty to recommend him to your Lordship's protection. 2 pp. [C.O. 5, 1079. No. 126; and 5, 1124. pp. 270, 271.]
Nov. 18.
St. James's.
720. Order of King in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. 12th, Read 15th Dec., 1721. 1 p. Enclosed,
720. i. Petition of the Jews of Jamaica to [? the Lords of the Committee of Council for hearing appeals and complaints from the Plantations]. The said Nation inhabiting there are for the most part trading people, and great promoters towards the enlargement of business, as may appear from the increase thereof, since they have resorted there in greater number, and having for many years lived in Jamaica in enjoyment of the laws and priviledges of the said Island in as full and ample manner as any of H.M. natural born subjects (Assembly and Jurymen only excepted which are places of governing to which they do not aspire) having in all things qualified themselves according to the Act passed for settling the said Island, and according to the Letters Patents granted them by virtue of the said Act, whereby they were to all intents and purposes fully and compleatly naturalized. The said Nation have always demean'd themselves with the greatest fidelity and duty to H.M. and Governmt. having with the greatest readiness according to their duty taken up arms against the French at the time they invaded the said Island, where severall of them were kill'd wounded and taken prisoners. The said Nation have always chearfully contributed to all parish taxes and offices equal with the rest of H.M. subjects, tho' their own poor are wholly maintained by themselves without the least burden to any of the parishes. By an Act passed 10th Nov., 1716, for encouraging of white people in the said Island, a reward is assigned to any white people that shall settle there from any part of Europe or any of H.M. Colonies excepting Jews, Papists and Nonjurors. This distinction most sensibly afflicts them who upon all occasions have distinguished their zeal and affection for H.M. Government that they shou'd be treated as men disaffected to H.M. Royall person and Family. They humbly beseech Your Lordships recommendation that H.M. will protect the Jews dwelling in Jamaica, so as to be continued in their rights and priviledges etc. Signed, E. Southwell. Same endorsement. Copy. 2 pp. [C.O. 137, 14. ff. 50, 51, 51v., 52v.]
Nov. 20.
Angelcourte by Chaire and Crosse [sic].
721. Capt. Evans to [? Mr. Popple]. In reply to letter of 17th, urges the settlement of Sta. Lucia etc. "I have freinds will be adventurers with me in soe great and good an under taking." etc. Signed, John Evans. Endorsed, Recd. 20th, Read 22nd Nov., 1721. 1½ pp. [C.O. 28, 17. ff. 200, 200v., 201v.]
Nov. 22.722. Reasons for taking off the enumeration of rice from' Carolina. Rice being a grain ouht to be under no more restraints than wheat from the Plantations. All retraints are perjudical for perishable commodities etc. Rice being enumerated, we lose that trade to Portugal, which might amount to 6000 barrles, now supplied by the Italians, Carolina rice not being able to be carried thither in time for their Lent, and having to be first brought to England, is at the charge of a double freight, and therefore dearer. The export for this year from Carolina was nigh 20,000 barrles, etc. Endorsed, Recd. (from Mr. Boon) 22nd, Read 24th Nov., 1721. 1½ pp. [C.O. 5, 358. ff. 89, 89v., 90v.]
Nov. 24.
Annapolis Royall.
723. Lt. Governor Doucett to the Council of Trade and Plantaions. Alarmed by certain persons applying for commission as Lt. Governor of the Province, and Canso, apeals for the Board's protection etc. and refers for his character to enclosed and to Mr. Boscawen, now Viscount Falmouth, who first recommended him to H.M. He is entirely dependant upon his post for support of his wife and six childern etc. Encloses following. Signed, John Doucett. Endorsed, Recd. 31st Jan., 172½, Read 4th July, 1723. 4 pp. Enclosed,
723. i. Petition o fLt. Governor Doucett to the King. Believing that the Province is soon to be settled, and that Annapolis Royal, being out of the way of all trade, will not be the seat of Government, there being other palces much more commodious on the Eastern coast, asks that his Commission may be altered to that of Lt. Governor of Nova Scotia, or Canso etc. Encdorsed, Recd. 31st Jan., 172½. 1 p.
723. ii. Testimonial of Officers and inhabitants of Annapolis Royal to the zeal and integrity of Lt. Governor Doucett. 34signatures. Endorsed as preceding. 1¾ pp. [C.O. 217, 4. ff. 183—184v., 185v.—187v., 188v.]
Nov. 24.
Whitehall.
724. Council of Trade and Plantations to Lord Carteret. Representation upon petition of Capt. John Evans (v. 20th Nov.) Represent our humble opinion, that the planting and settling of Sta. Lucia under proper restrictions and regulations, as hath lately been directed in the case of Tobago might conduce to the benefit of his Kingdom, and in case H.M. should be pleas'd to give orders fopr that purpose, the Petitioner might deserve H.M. favour for a grant of such part of the said Island as shall be thought a sufficient recompence for his services and losses on condition that he shall effectually plant and settle the same within a reasonable time to be limited for that purpose. [C.O. 29, 14. pp. 255–257.]
Nov. 28.
Whitehall.
725. Lord Carteret to the Council of Trade and Plantations. A Commission and Instructions are to be prepared for Henry Worsley, appointed Governor of Barbados etc. Signed, Carteret. Endorsed, Recd. 28th, Read 29th Nov., 1721. ½ p. [C.O. 28, 17. ff. 204, 205v.]
Nov.30.
N. Providence.
726. Governor and Council of the Bahama Islands to the Council of Trade and Plantations. Having by this opportunity addrest H.M. for an Assembly, we do also humbly entreat your Lordships to use your good offices for us. H.M. having been pleased to send with Governor Phenney several pieces of ordinance and other stores of war, we are under the necessity to confess that the Fort we now have is not capable to mount the guns, and we want power to enact laws to raise funds to rebuild the Fort, and do other publick works absolutely necessary for the general good and support of this Colony. We don't in the least doubt your Lordships' favor and encouragement etc. Signed, G. Phenney, James Gohier, W. Fairfax, Tho. Walker, P. G. P. Skynner, William Spatchers, Petr. Courant, Joseph Cookes, Tho. Wood. Endorsed, Recd. 26th April, Read 1st May, 1722. 1 p. [C.O. 23, 1. No. 41.]
Nov.30.
Whitehall.
727. Lord Carteret to the Governor of New York. Encloses following. Continues: It is H.M. pleasure, that provided the facts be as stated, you forthwith give the necessary orders, that all the effects taken out of the sd. ship and disposed of in any port or place of your Government, or the produce thereof, be delivered to the Agent for the owners and insurers, upon their paying reasonable salvage and charges etc., and in case the said ship, with any of the goods remaining on board, shall be in any part of your Government, you are to order the delivery thereof to the proper owners etc. Signed, Carteret. Annexed,
727. i. Memorial to the Envoy of the States General. The ship El Puerto del Principe of Flushing was taken by Roberts the Pirate at Dominica, 29th Jan., 1721, and afterwards brought into Tarpaulin Cove, N.E., by Benjamin Norton of Newport, R.I., who pretends that Roberts took a brigantine from him, and gave him this ship instead. Norton broke bulk at Tarpaulin Cove (a byplace fit for roguery), and in a clandestine manner put a considerable part of her cargo into small vessels, and sent them to sundry ports therewith; some of the cargo he hid in the woods, and some part he left on board. The news thereof coming to the several Governments, and Governor Cranston issuing a Proclamation enjoyning all persons, that had any of the effects to bring them to him, some negroes and sugar were brought to him at Newport, a sloop with part of the sd. ship's cargo was seized at New York, another at New London and another at Boston. The ship itself was brought by the Seahorse man of war to Boston with a large quantity of sugar on board, and is there seized etc. Prays for orders that the ship and effects may be forthwith delivered as above. [C.O. 324, 34. pp. 91–94.]
Nov. 30.728. Similar letter, with enclosure, to Governor Shute; the Governor and Company of Connecticut; and the Governor and Company of Rhode Island. [C.O. 324. 34. p. 95.]
Nov. 30.
New York.
729. [? Governor Burnet] to the Council of Trade and Plantations. There was a Bill which past the Assembly and afterwards was amended by the Council in June last entituled an Act for facilitating the partition of lands in joint tenancy or in common etc. The Surveyor General then gave in a representation to me against this Act as prejudicial to H.M. rights in this Province. And while I was weighing the matter of the Act with the objections to it, I found by the copy of the Laws of this Province printed at London, that an Act for the like purpose past here in Oct. 1718 was repeal'd on July 9th, 1719, tho' it does not appear that H.M. disallowance of it was ever signified to this Goverment. However this seemed to me reason sufficient to withhold my assent to it, till I had received your Lordships directions upon it and because the Surveyor General who was then surveying some lands in Evans tracts desired to inform himself more fully of some particulars that he might make his objections to it in the best manner he could I delay'd transmitting the draft of that Bill till this conveyance. The Surveyor General has now given me a fuller representation upon the same matters, with more particular observations than were mentioned in his former paper. I think these two representations contain so fully the prejudice that may accrue to H.M. Quit-rents in this Province from this Act that I have nothing to add etc. Hoping to receive directions how I am to proceed as to this Bill etc. No signature. Endorsed, Recd. 15th Jan., 1721. Read 18th May, 1722. 2¼ pp. Enclosed,
729. i. Act of New York for facilitating the partition of lands in joint tenancy or in common promoting the setling and improving thereof and rendring the payment of the quit-rents due thereupon certain and easy. With amendments made by the Council. Same endorsement. 12pp.
729. ii. Memorial of Cadwallader Colden, Surveyor General of New York, to Governor Burnet. July 19, 1721. Objections to foregoing Act. The bound of many if not of all the tracts of land granted in joint tenancy, altho' they be very large and contain many thousand acres, were never ascertain'd upon the spot by any Officer of the Crown, but have been left to the discretion of the person to whom they were granted. I have heard the Receiver General give this as a reason why he could not compleat a rent roll of H.M. quit rents it being impossible for him to find out in what part of the Province many of the patented lands lye. Proposes that the survey for the partition of lands to be made by virtue of this Act be enacted to be performed by the Surveyor General or his duputy etc. H.M. interests may suffer very considerably if the subjects be allow'd to lay out the lands granted them by patent by such persons as they themselves shall appoint. Many of these very large tracts held in joint tenancy are bounded by lands still in the Crown, the quit-rents of which when granted according to H.M. late Instructions will amount to above a hundred times the value of the quit-rents of the same quantity of land granted before these Instructions. It may therefore justly be fear'd, that if the people be empower'd to lay out these lands for themselves they will encroach upon the adjoining lands of the Crown, etc., and in time it may become the general interest of the inhabitants to defend these acquisitions (for the greater part of the Province is held in joint tenancy) and it may become impossible for H.M. to recover his rights or very inconvenient to endeavour it etc. It is not improbable that for these reasons among many others H.M. did on 9th July, 1719, repeal a former Act for prohibiting the partition of lands etc. Signed. Cadwallader Colden. Same endorsement. 5¼ pp.
729. iii. Same to Same. Nov. 30, 1721. I beg leave to lay some particulars before your Excellency that you may judge how well grounded my apprehensions were (v. preceding.) I am not able to lay before your Excellency a perfect account of all the large tracts which may fall under the design of this paper for they were granted without any pervious survey and the grantees enddeavour all they can to keep them form the knowledge of your Excellecny and the King's Officers etc. As there was no survey previous to the grant, the Governour did not know what quantity of land he did grant but was grossly imposed upon by the Patentees for their patents either mention no number of acres or a number above 100 times less than what they claim by thier boundarys, and this they think they have a right to by virtue of the words, Be it more or less etc. The patent of Salisbury grants after this manner 400 acres and the Patentees now claim about 70,000 for which they only pay half a bushel of wheat quit-rent. One Lokerman likewise obtain'd a grant for 300 acres by virtue of which he now claims above 10,000. I mention only these because they are well know to many, yet I am assur'd they are not the only such nore the most extravagant etc. Altho' this bill doth not give the Patentees in plain terms a power of fixing and setling such boundaries as they please for themselves yet it will have such an effect. For the boundarys of these large patents are expressed in Indian names of hills, reivers or rivoltes which are either wholly unknown or known to very few Christians and which the Indians change as often as they change their habitations. These uncertainties which might prove difficulties to other people the Patentees turn to their great advantage by affixing these names to what hills, rivers or rivolets they like best. This they do while these parts are unsetled and few or none to contradict them at least nobody on H.M. part to discover such frauds etc. In time it will not be possible to discover ye deceit and by virtue of this bill they would divide these lands and take them into quiet and peaceable possession and in time draw the whole interest of the country on thier side so that any remedy may be either dangerous or impracticable to be attempted. That the Patentees have really us'd such frauds is not only probable from the vast disproportion betwixt the quantity of land mention'd in the grant and the quantity they now claim but likewise from the complaint of the Indians everywhere that they are cheated of thier lands. For tho' the bounds of the patents are generally express'd in the same words with those in the decds of sale giv'n by the Indians yet those Indians affirm that they did not sell near the quantity of land which the patentees now claim and they likewise say that the patentess every year claim more than they did in the year preceding. The patent of Waywiando extends above 50 miles in length and pays but a trifling acknowledgement for such a tract yet the Patenttees are not contented with this, but have encroach'd 30 square miles upon the lands fromerly granted to Capt. Evans since the same was reassum'd by the Crown. The patent of Minisink being of no less extent than theirs has follow'd their example and encroached as much upon the same reassum'd lands in all other place. Mr. Faulaconnier (the person who drew this bill and us'd all his interest to have it pass) is a joint tenant or tenant in common in several extravagantly large patents of which his share may amount to 400,000 acres etc. He has a seventh part of a patent which by the claim of the Patentess contains above 2,000,000 of acres fro they extend it from within a mile or two of Hudson's River to Delaware River (which they call the Fishkill) above 60 miles and from that part of Delaware River where there Southerly bounds touch it, to the head of that River Encluding the same ye Indians say is near 150 miles. And for this vast tract they only pay £3 a year to the Crown. He is a partner likewise in the Waywiando patent and many other large tracts etc., the bounds of which he has survey'd and extended at his pleasure without any authority form the Government, but clandestinely and without the knowledge of the neighbourhood etc. He bought a share in a patent for land of which the patentees did not know where to find the boundarys and therefore neglected it for about twenty years till this year when he without any authority from the Government placed this in the reassumed lands which formerly belong'd to Capt. Evans and (altho' the patent grants only 2000 acres) survey'd out to himself and the other patentees about 10,000 of the best of these lands. He has succeeded so well and so often in the arts of extending boundarys that he boldly ventur'd to put them in practice again in this place, by putting Indian names upon certain places which were never hear'd of by the Christians in the neighbourhood tho' they have liv'd above thierty years within four or five miles of these places. It is of great consequence for the Crown timely to look into the affair of lands here. I have calculated the contents of eight patents according to their present claim and find that if they alone were to pay at the rate all the lands likely patented do, 2/6 per 100 acres, the yearly rent of them would amount to £4176 tho' now they only pay £17 17s. 6d. I believe it will not be impossible to raise from the lands of this Province a sufficent revenue to support the Government without doing injustice or any hardship to anybody but a great deal of justice to the King. Such like deceits did creep into all the Colonys at their first setling tho' I think not in any to such a degree as in this, they did I know into Virginia, and Pensilvania but there the ill effects of them were prevented by the timely care of the officers and a resurvey of the Province. Indeed without a survey of this Province it will be impossible to know what lands are patented and what not it will be impossible ever to form a rent-roll or to gather in the quit-rents if a rent roll were form'd, for at present we are very ignorant of the situation of the several parts of ye Province. Signed, Cadwallader Colden. Same endorsement. 7¼ pp. [C.O. 5, 1053. ff. 34–35v., 37–42, 43–46v, 47–51v.]
Nov. 30.
St. James's.
730. H.M. Additional Instruction to Wm., Burnet, Governor of New York, relating to ecclesiastical benefices and schoolmasters. [C.O. 5, 191. pp. 354, 355.]
Nov. 30.
St. James's.
731. H.M. Additional Instruction to Governor Nicholson. As preceding. [C.O. 5, 191. pp. 358, 359.]
Nov. 30.
St. James's.
732. H.M. Additional Instruction to Wm. Burnet, Governor of New Jersey. As preceding, but omitting second paragraph "that no person be admitted to keep school without the licence of the Bishop of London." Set out, N. J. Archives, 1st Ser. V. 23. [C.O. 5, 191. pp. 356, 357.]