America and West Indies: September 1721, 26-30

Pages 453-456

Calendar of State Papers Colonial, America and West Indies: Volume 32, 1720-1721. Originally published by His Majesty's Stationery Office, London, 1933.

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September 1721, 26-30

Sept. 26.
667. Order of Council. Confirming alterations in the 62nd and 66th articles of Instructions for Governor Hart concerning the Bishop of London's powers etc., as proposed 8th inst. (v. Oct. 25th). Additional Instructions are to be prepared for vacating the clauses in the Instructions of other Governors. Signed, Temple Stanyan. Endorsed, Recd. 2nd, Read 3rd Oct., 1721. 1¾ pp. [C.O. 323, 8. No. 24; and 5, 191. pp. 125a, 125b.]
Sept. 26.
668. Order of Council. Approving draught of Commission for Governor the Duke of Portland. Signed, Temple Stanyan. ½ p. [C.O. 5, 191. p. 206a.]
[Sept. 26.]
In New England.
669. Charles Burniston to the Council of Trade and Plantations. Reports information received from his Deputy, Robert Armstrong, that he has seiz'd between 3 and 400 mast-trees, cut down in the King's woods, fit for H.M. service, about two years ago by the connivance of Mr. Bridger etc. Endorsed, Recd. 26th Sept., 1721, Read 5th July, 1722. 1 p. [C.O. 5, 868. ff. 268, 269v.]
Sept. 27.
670. Council of Trade and Plantations to Lord Carteret. Enclose extracts of letters from Governor Sir N. Lawes relating to the disorders and confusion in Jamaica. [C.O. 138, 16. pp. 335, 336.]
Sept. 27.
671. Lord Carteret to the Council of Trade and Plantations. Upon perusing your Lops. report of the 14th inst. concerning the granting lands in the Island of Tobago, I have thought it might be a question worth your consideration, whether five hundred acres be not more than should be granted to any one person, and whether a fourth part of such a number of acres, as shall be granted to any one person, be not more than he can reasonably be supposed to cultivate within the space of three years. I would gladly know your opinion upon these two points, before I receive H.M. further pleasure in this affair. Signed, Carteret. Endorsed, Recd. 28th Sept., Read Oct. 3, 1721. 1 p. [C.O. 28, 17. ff. 183, 184v.]
Sept. 29. 672. Petty Expenses, Postage and Stationer's Account of the Board of Trade from Midsummer to Michaelmas, 1721. v. B.T. Journal. [C.O. 388, 78. ff. 6, 7, 12–15, 19.]
[?Sept.30.] 673. Extracts from the Instructions of the Governors of New York and Jamaica relating to the licencing of schoolmasters in the Plantations etc. With (?Lord Carteret's) notes. 1¼ pp. [C.O. 5, 1092. No. 20.]
Sept. 30.
674. H.M. Instructions to Governor Hart (cf. 25th Aug.), with Instructions relating to the Acts of Trade and Navigation. [C.O. 5, 191. pp. 126–206.]
Without date.
675. Mr. Cox to the Council of Trade and Plantations. Encloses Journal of Assembly to "6th instant." Refers to letter of Aug. 29th. Continues: Your Lordships will perceive by these Minutes with what punctuality I have executed the orders for restoring the Members of Council and all Officers, Civil and Military, and yet how unworthy of H.M. favour the restored gentlemen have behaved themselves; who, instead of a hearty application to H.M. service and the business of their several stations, have fallen into the most unwarrantable outrages, and obstruct not only the affairs of ye Governmt. but the common course of Justice in the Courts they have been restored to be Judges of: But, as by the last advices from England we may reasonably expect my Lord Belhaven in a few weeks, I shall endeavour to keep all things as quiet as possible til His Lordship's arrival, and overlook the madness of these persons so far as is consistent with common justice, and the preservation and honour of the Prerogative etc. No sooner were the orders for restoring these gentlemen arrived, but the restored members of Council industriously spread over the Island a false rumour that I was sent for home, and, being afraid to appear in Britain, had run away to Martinique etc.; and one of them, at the head of the rest, had the ill manners to insult my daughter with the same scandalous story at my own house; and tho' I calmly expostulated with them, and shew'd them the evil tendency of such behaviour to H.M. Commander in Chief, yet my mildness has only encouraged them to proceed to greater lengths; insomuch, that reflecting upon me, and all the Gentlemen in the Island who will not joyn with them in their extravagancys, is their daily entertainment. Out of many such insults I could not but take notice of one offered in a very publick Company by one Capt. John Swan, who by virtue of the late Order had been restored to the command of a troop of horse: that Gentleman had the insolence to call me son of a whore, to damn me and my friends for a pack of dogs, and send me a message so very rude that I shall not shock your Lordships with the repetition of it; and yet, when I laid the inclosed deposition before the Council, and afterwards Capt. Swan himself appeared, and could not disown the fact, the Members of Council, upon my asking their opinions refused to advise me to take his Commission from him; and, instead of discountenancing, carryed him from the Council with them to a publick treat. The refusal of the Gentlemen of the Council to joyn with ye Assembly and their declaration that the Excise Bill pass't by this Assembly is no Law, is like to produce very ill effects etc. The Excise is the only publick fund we have to subsist the Government with, and therefore the encouraging the merchants not to pay it, alleging that the Act is void, tends to bring us into the utmost confusion, as well as to strip the Government of all subsistence and support. I have laid this before the Council, represented to them the bleeding state of our publick credit, which requires immediate releif; but they are deaf to all importunitys, and obstinately persist in refusing to act at all with this Assembly; nor will they advise me to dissolve it, and call another; from which it is plain their sole aim is confusion; however I am determined to give them no offence but the continuing to exhort them to peace and unanimity, and application to the publick affairs etc. Since the restoring of the Judges there has been an universal clamour at their stopping the common course of Justice; but more especially in the Bridge Court, and in Scotland Court, where above two hundred actions have been postponed, contrary to Law, and the peremptory rules of the Court; many of which were against the Judges and their Assistants. Permit me, my Lords, upon this occasion to observe that Edmund Sutton Esq., who is Judge of St. Michaels or Bridge Court, and John Carter Esq., who is Judge of St. Andrews or Scotland Court, do both of them live within the precincts of the Courts they are Judges of, and can only be sued there etc. Some years agoe, upon an application to your Lordships' Board against Mr. Downes who was Judge of the Bridge Court and lived in ye precincts your Lordships were pleased to represent to Her late Majesty that it was contrary to the Common Law and practice of England that any man should be Judge of the Precincts where he lived, and to offer it as your Lordships' opinion that the said Mr. Downes should be removed and for the future no person should be Judge of the Precinct where he lived; orders were sent accordingly etc.: Pursuant to that Representation etc., I thought myself bound in duty to act; and I perswade myself, had it been known in Britain that Mr. Sutton and Mr. Carter were Judges of Courts in their own Precincts, they had been excepted in the Orders for restoring the Officers, especially could the interruption they have given to Justice have been foreseen, or had it been known there are so many suits depending against themselves and their Assistants which they have stop'd process upon; for the doing of which, there are complaints already laid etc. I humbly offer it etc. to your Lordships' consideration, whether the aforesaid regulation ought not to be put in execution, and extended to Assistants, who are in effect as much Judges in all respects (except seniority) as he that is called Judge etc. Signed, Saml. Cox. Endorsed, Recd. 4th Dec., 1721, Read 11th Jan. 172½. Addressed. 3 pp. Enclosed,
675. i. Deposition of Richard Byrch. 7th Sept., 1721. On Aug. 5th, deponent being at the house of Col. Jacson drank the health of President Cox, whereupon Capt. John Swan abused him and said "You may tell the President he may kiss my a— like a son of a whore etc." He afterwards told his negro slave to shoot deponent and struck him etc. Signed, Richard Byrch. Same endorsement. Copy. [C.O. 28, 17. ff. 212–214, 215v.]