America and West Indies
February 1733, 16-28

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Institute of Historical Research

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Cecil Headlam and Arthur Percival Newton (editors)

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1939

Pages

42-49

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'America and West Indies: February 1733, 16-28', Calendar of State Papers Colonial, America and West Indies, Volume 40: 1733 (1939), pp. 42-49. URL: http://www.british-history.ac.uk/report.aspx?compid=79265 Date accessed: 27 November 2014.


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February 1733, 16-28

Feb. 21.
St. James's.
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.]
Feb. 21.
St. James's.
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.]
Feb. 21.
St. James's.
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.]
Feb. 21.
St. James's.
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.]
[Feb. 21.] 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.]
Feb. 22.
Whitehall.
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.]
Feb. 23.
Whitehall.
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.]
Feb. 23.
Whitehall.
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., 59 v.]
Feb. 24.
Whitehall.
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. pp. 397-401.]
[Feb. 28.] 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. Enclosed,
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.]

Annotations

755 swisher - (Tuesday 26 Mar 2013 17:31:06)
'HMS Scarborough' should almost certainly read 'HMS Alborough'. John Gascoigne (~1697-1753) was captain of the Alborough during his time in South Carolina (1728-1734). Among the deeds in "South Carolina Deed Abstracts" (vol. 1, p. 173 --originally in Book K, p 200, 1 Aug 1731) is a "Letter of Attorney," summarized as follows: "John Roberts of Dean's Court, County of Middlesex, appointed Capt. John Gascoigne, of H.M.S. the Alborough, now at Carolina, his attorney, to mark, set out, take up & manage his estate in SC consisting of several Baronies in SC each containing 12,000 a. English measure, on the 2 rivers May & Wackamaw, granted Roberts by the Rt. Hon. John, Lord Carteret by 2 deeds of L & R on 18 & 19 Feb. 1730..." [also a further 6 baronies of 12,000 a. granted to Roberts, by deeds of 4 & 5 June 1731.]<br /><br />Note: HMS Scarborough, commander George Anson, was also in Charleston Harbor, but earlier (1726).
South Carolina Deed Abstracts (4 vols.), abstracted by Clara A. Langley. Publisher: Easley, SC: Southern Historical Press, 1983.