50. H.M. Additional Instruction to Governor Belcher.
Impowering him to assent to Act of the Massachusetts Bay, 13th
June last, granting £3000 towards the support of H.M. Governor,
H.M. having taken into particular consideration "that you have
hitherto strictly adhered to Our Instructions in refusing to
accept of any sum whatsoever from the House of Representatives
upon terms contrary thereto" etc. 1 p. [C.O. 5, 10. f. 332.]
51. Order of King in Council. Approving draught of
Additional Instruction for Governor Belcher, empowering him
to give his assent to a bill passed by the Council and Assembly of
the Massachusets Bay, 13th June last, for granting £3000 for the
support of H.M. Government etc. Signed, W. Sharpe. Annexed,
51. i. H.M. Additional Instruction to Governor Belcher,
granting permission as above, "having taken the
premises into Our royal consideration and more particularly
that you have hitherto strictly adhered to Our
Instructions in refusing to accept of any sum of money
whatsoever from the said House of Representatives
upon terms contrary thereto" etc. Signed, G.R.
Copy. [C.O. 324, 36. pp. 393-396.]
52. Order of King in Council. Approving draught of
Additional Instruction empowering Governor Belcher to give his
assent to a bill granting him £3000 etc. Signed and endorsed as
preceding. 1⅓ pp. [C.O. 5, 875. ff. 108, 108 v., 111 v. ; and
5, 899. ff. 30, 30 v.]
53. Order of King in Council. Appointing Charles Bridgwater
jr. to the Council of Nevis in the room of John Richardson decd.
etc. Signed, W. Sharpe. Endorsed, Recd. 16th, Read 19th June,
1733. 1½ pp. [C.O. 152, 19. ff. 150, 150 v., 153 v.]
54. Petition of Robert Armstrong, late Collector, N.H., to
the Council of Trade and Plantations. Prays for a copy of the
affidavit of Dr. Richard Sharp, made before the Board in Nov.,
1722, whereby he was turned out of his post before he had an
opportunity to answer and establish his innocency by certificates
from New Hampshire, as being well attached to the present
happy establishment etc. Signed, Henry Stockar, Agent for
Robt. Armstrong. Endorsed, Recd., Read 21st Feb., 173 2/3. 1 p.
[C.O. 5, 875. ff. 36, 41 v.]
55. Mr. Popple to Lt. Governor Pitt. Encloses duplicate of
13th Sept., 1732 and acknowledges letter of 15th Nov., 1732.
Concludes : Their Lordships are sorry the Assembly did not
immediately comply with H.M. Instruction (7th Dec., 1731), but
they are of opinion that you may accept of the equivalent they
have offer'd you without being guilty of any breach thereof.
[C.O. 38, 8. p. 169.]
56. Order of Committee of Privy Council. Referring following
to the Council of Trade and Plantations for their report.
Signed, W. Sharpe. Endorsed, Recd. 3rd, Read 9th March,
173 2/3. 1 p. Enclosed,
56. i. Petition of Sir Joseph Eyles, Jonathan Perrie, John
Drummond and Thomas Watts of the City of London,
to the King. Pray that the tract of land on the borders
of New York and Connecticut, granted to petitioners and
known as the Equivalent Land, may be erected into a
county or granted with a contiguous county of the province
of New York. Petitioners, in accordance with
their obligations under the grant, have demised part
thereof to several persons who are setled thereon, but
petitioners' tenants and agents are often disturbed in
their possession, assaulted and ill-treated, but can have
no legal remedy, by reason the said tract is not a county
or part of a county. Signed, Joseph Eyles, Jona.
Perrie, John Drummond, Tho. Walls. Copy. 2 pp.
[C.O. 5, 1056. ff. 23, 24, 24 v., 28 v.]
57. Order of Committee of Privy Council. Referring following
to the Council of Trade and Plantations for their opinion
thereon. Signed, W. Sharpe. Endorsed, Recd. 27th. Read 28th
Feb., 173 2/3. 1 p. Enclosed,
57. i. Petition of Governor Fitzwilliam to the King. Abstract.
The Lords Proprietors of the Bahama Islands still
retain their right in the lands. Under Governor Rogers,
for want of a power to grant lands to such persons as
were inclined to come and settle there, the said islands
were never inhabited but by a few necessitous people.
They never can be settled whilst the right to the lands
remains in the hands of the Proprietors. (ii) The
Independent Company sent thither from Bermuda to
protect the islands from the Spaniards, was after a very
short time remanded back again. For that reason, and
the bad condition of the fortifications, some of the few
inhabitants are withdrawing, and those who had determined
to settle are afraid to venture there etc. The
only fought is at Providence, erected during Mr. Rogers'
government etc. The walls being built only of loose
stones and rough cast on the outside, some part is
already fallen down and the rest is in a ruinous condition,
some part already fallen down. Plan annexed. There is
no magazine or cistern etc., and no gunner. The
inhabitants are too poor to provide themselves with
arms etc. Suggests (1) that the right of the Proprietors
in the soil should be purchased by the Crown and the
Governor empowered to grant lands etc. (2) A company
of Invalids to be sent in lieu of that remanded to Bermuda.
(3) The fort to be repaired and a work erected behind it
to protect the harbour, and an Engineer sent to carry it
on. (4) Arms, magazines, cisterns and gunners to be
sent. (5) Provision to be made for making gun carriages
out of the island wood, which is more durable than that
sent from England, which only lasts three years. Signed,
Rd. Fitzwilliam. 6 pp. [C.O. 23. 3. ff. 55, 56-58 v.,
58. Duke of Newcastle to the Governor of Pennsylvania.
Encloses following. Continues :—I am to signify to you H.M.
pleasure, that upon receipt hereof you forthwith cause restitution
of the goods thus claimed, or of their value, to be made to the
Portugueze owners, or such person or persons as shall be duely
authorized by them to receive the same, he or they making due
proof, that the goods, wares or merchandizes now claimed,
remaining at Philadelphia, or having been there sold, or converted
to other uses, are the same that were stolen piratically, or run
away with, when the ship on which they were first laden lay at
Tercera, as is set forth in the said memorial and report. Signed,
Holles Newcastle. Copy. Enclosed,
58. i. Advocate General to the King. Report upon Memorial
of Mor. de Campos, the King of Portugal's Secretary
here, referred for his opinion. Drs. Commons, Feb. 20th,
173 2/3. Continues : By the memorial and other papers
sent to me it appears, that a Portuguese ship called the
St. Anna and St. Joachim belonging to Lewis Dos
Santos Ribeira and others subjects of Portugal, commanded
by Captain Joseph Vieira Marques set sail with
a lading from Lisbon the last year for the Island of
Terceira having on board a crew part English, part
Portuguese on account of the Moors. That the said
ship arrived safely at Terceira etc. and the ship being
moored, and in proper safety under the guard of two
of the forts of the Castles St. John Baptist and St.
Sebastian, the Captain went on shore, with some of his
crew, whereupon there happened in the night of Friday
the 6th July about eleven o'clock an insurrection of the
English who were aboard the said ship, against the
Portuguese, and the English letting the cables slip
ran away with the ship, and all the goods and merchandise
in her, the mate endeavouring to hinder the same,
they attacked him with a hatchet in hand in order to
kill him, whereupon to save his life he was forced to
escape thro' the cabin window into the boat accompanied
by one English saylor ; upon his coming ashore recourse
was had immediately to the Governor of the Castle that
he might command the soldiers to fire at the said ship,
in order to bring her back into port, and five peices of
canon with ball were discharg'd at her but without the
desired effect, because the wind was very favourable for
them, and the night dark, and, the said ship being at
sea, and meeting an English vessel the crew hoisted into
her the stolen goods that were on board the St. Anna
and St. Joachim and then sunk her, that the piracy
might not be discovered. After being at sea some time
in September they arrived at Philadelphia where the
officers of the Customs seized the said goods and the
English saylors being examined the piracy and robbery
was discovered, for which they were tryed and condemned.
As soon as the Portuguese were apprised of
this transaction they procured a sentence of justification
or evidence to be taken of this transaction as it appeared
at Terceira to the Treasurer and Judge of the Custom
House there etc. Your Majty. having directed me to
report my opinion what orders are proper to be given
upon this case, I most humbly certifie your Majty. that
the goods of pyrates are perquisites of the Admiralty,
and as such condemned to your Majty in the course of
proceedings. But the felonious seizing goods and
effects of the subjects of any Prince or State in amity
with your Majty. does not so alter the property of the
right owner, but that the person or persons who had a
title before the piracy may claim the goods notwithstanding
they have been possessed and alienated by
pirates, unless the alienation was in market overt, which
is not pretended in this case. It has been formerly held
that such a claim as is abovementioned must be made
within a year and a day, but that has never been thought
to extend to the case of foreigners, who by reason of their
distance could not probably hear of their goods within
that time ; in that case I humbly apprehend it appears
very plainly from the sentence of Justification, taken at
Terceira that the ship St. Anna and St. Joachim belonging
to Portugal was piratically run away with, but I find
no evidence to prove that the goods seized at Philadelphia
are the same goods which were on board that ship
at the time of the pyracy committed, therefore I humbly
apprehend that the subjects of the Crown of Portugal
must prove that the goods, wares or merchandise now
remaining at Philadelphia are the same that were stolen
piratically, and run away with when the ship lay at
Terceira, etc. Signed, G. Paul. Copy. [C.O. 324, 36.
59. Governor and Council of S. Carolina to the Duke of
Newcastle. In obedience to your Lordship's letter we have
(notwithstanding the letter we had the honour to write your
Grace, of the 9th Dec. last) found out an expedient to serve my
Lord Carteret, with relation to the baronys he claims, and that
we hope with a due regard to H.M. interest, which however we
may have been misrepresented we beg leave to assure your
Grace, have been far from being by us neglected etc. Enclose
following. Signed, Robt. Johnson, and seven Councillors.
Endorsed, R. 24th April, 1733. 1 p. Without date, but v. encl. iii.
59. i. Same to Same. South Carolina, Council Chamber, Dec. 9,
1732. Reply to his letter to the Governor, 30th April,
1731, with a letter from Lord Carteret, "desiring he
may have eight baronys of 12,000 acres each, granted
him from the late Lords Proprietors, admeasured and
laid out to John Roberts Esqr., to whom his Lordp. has
assigned them" etc. Continue :—We think not ourselves
justified sufficiently for laying out those baronys to my
Ld. Carteret for the reasons we have writ his Lordship :
unless your Grace will send us a warrant to justify our
so doing etc. Refer to enclosures and hope his Grace
"will approve of our apprehensions and timidity in
disposing of such large quantitys of the King's lands
without proper authoritys etc. Signed as preceding.
59. ii. Same to Lord Carteret. 9th Dec., 1733. Reply to
letter of 5th June, 1731 etc. Enclose Attorney General's
opinion. Continue :—We are humbly of opinion it
does not appear here that your Lordp. has the title to
the baronys mentioned etc., or any other right than that
of a Proprietor, which is particularly reserved to your
Lordp. by the act of Parliament. As to any other
reservations or exceptions in the said act, we conceive
your Lordp. to be on the same footing with other
grantees from the late Lords Proprietors. If your
Lordp. has any grant of lands heretofore granted by
them (which we are far from doubting), such grants must
be registred here, or authentick copys of them, and even
in that case we apprehend they must attend the fate of
ye Quit-rent Law now under the consideration of H.M.,
unless your Lordp. can obtain H.M. order for admeasuring
and ascertaining those lands to your Lordp. or your
assigns. We are sensible we have agreed to ye ascertaining
two baronys part of the right your Lordp. has
dispos'd of at his Grace the Duke of Newcastle's instance.
But we cannot by any means advise the doing ye same
again, much less to put the seals to those already, laid
out without H.M. warrant. It being a material objection
to the Quit-rent law (as we are informed) that it
makes valid these grants by patent for baronys, wch.
otherwise would not be good or of any consequence
against H.M. according to law. And there being many
other persons in your Lordp's. situation with regard to
grants of baronys to the amount of some thousand acres ;
we are assured they will all require the same to be done
for them, as some have already applied for, to which we
dare not agree, until we see the fate of ye Quit-rent Law
or H.M. sends his positive comands etc. We take notice
that his Grace the Duke of Newcastle's letter seems not
to be writ in the stile of an Order from the King, and
therefore will not serve as a warrant to justify us etc.
His Grace desires "the Govr. will give all due encouragement
to your Lordp's. Agents for taking up any particular
baronys or divided parcels of land in Carolina, to wch.
you are entituled, and which are reserved to your Lordp.
by the late Act of Parliament." The Lords Commrs.
for Trade and Plantations furnished the Govr. with the
opinion of the Attorney and Solicitor Genl., that all
those grants are void in law, because of the uncertainty
of them ; under which uncertainty we presume your
Lordp's. grants labour equally with the others ; nor can
it be known here, whether those grants were made
before 1727, which they are directed to be if made valid
by the Act of Parliament. It is with pleasure we can
informe your Lordp. that we find your quit-rents paid
without any reluctancy to H.M. Receiver, tho' not
injoyned by the law, wch. we hope will be of great ease
and service to you etc. Copy. Certified by Jesse
Badenhop, Cl. Conc. 3 pp.
59. iii. Same to Same. Council Chamber. Feb. 28, 173 2/3.
Notwithstanding preceding, have found an expedient to
serve his Lordship. Continue : The Attorney General's
chief objection to admeasuring the said baronys being
that so much land woud be kept from others of H.M.
subjects that might take them up and pay the King's
quit-rent, whereby H.M. might loose a year's rent.
And the Governor having become bound to H.M. for a
year's quit rent, if in that time your Lordship shall not
transmit your patents etc., we have on that directed the
four baronys to be admeasured de bene esse. We wish
what we have done may be of the service to your
Lordship we intend, but here are a sett of men who on a
rumour only that the quit rent law will be repealed have
taken upon them to run out all lands heretofore
admeasured by patents, and are sending home two
sollicitors Mr. Hume and Mr. Whitaker, to sollicite for
grants to them having been refused them here ; and
these persons are the same who complain'd of engrossing
vast quantities of land in few hands in prejudice of the
country. But appear now to have complained only
that the lands might be taken up by themselves.
Whether they will shew any more respect to your Lordship
is very doubtful, they have yet shewn none to
anyone etc. Copy. 1¾ pp.
59. iv. Mr. Attorney General Pinckney to Governor Johnson.
Dec. 8, 1732. Is of opinion that Lord Carteret and
consequently those claiming under him as the four
baronies is only on the footing of the other pattentees
of the late Lords Proprietors etc. Signed, C. Pinckney,
A.G. Copy. 1⅓ pp.
59. v. Same to the Governor and Council of S. Carolina. Jan.
26, 173 2/3. Is of opinion that security must be given for
one year's rent to H.M. for the 48000 acres before H.E.
can make an order for their survey etc. v. No. iii.
Signed, C. Pinckney, A.G. Copy. ¾ p.
59. vi. Governor Johnson's warrant to the Surveyor General
to admeasure and lay out 48,000 acres to John Gascoigne,
Agent for John Proberts Esqr., who hath purchased the
said four baronys from Lord Carteret etc. Copy. 1 p.
Nos. i-vi endorsed, R. 24th April, 1733. [C.O. 5, 388.
ff. 93, 94v., 95, 96 v.-99 v., 100 v.-103 v.].
[? Feb. 28.]
60. Governor and Council of South Carolina to Council of
Trade and Plantations. Having been applyed to by Capt.
Gascoigne of H.M.S. Scarborough, Agent for John Roberts Esqr.
to whom my Lord Carteret has sold eight baronys of 12000 acres
land which his Lordship claims in this Province ; for to have four
of them admeasured, and H.E. Governour having received a
letter from His Grace the Duke of Newcastle, directing him to
give all due encouragement to his Lordship's Agents etc., enclose
following to acquaint the Board with the steps they have taken, etc.
Signed, Robt. Johnson and 7 Councillors. Endorsed, Recd. 23rd
April, 1733, Read 27th Aug., 1735. Without date. 1 p. Enclosed,
60. i-v. Duplicates of preceding enclosures Nos. i-vi. [C.O.
5, 364. ff. 202, 203-206, 207-208 v., 211 v.]