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Oct. 1.
Cansoe. |
676. Governor Philipps to the Council of Trade and Plantations. Acknowledges letter of 28th Dec. 1720, "for which
I returne your Lordships my hearty thanks" etc. Nothing
is capable of giveing me more sensible satisfaction than to find
that my endeavours for the good of this country have mett
with your Lordships' approbation. It was an agreeable surprise
to find this place in such a flourishing way much beyond
expectation after the disturbance of last year which would
have been broke up for good had I not then placed a detachment
here, which I have reinforced now with two company's, which
I was to have drawne from Placentia, so that my good neighbours at Cape Breton seem to give up their pretention of right:
and talk only of it's being a place neutrall. But I must desire
your Lordships to look upon it in another view, as the place of
greatest cons[equence] in all these parts, not only in respect to
the fishery which will exceed everything of that kind that has
been known but as the best prospect of setling the Province,
from whence people will by degrees extend themselves along
the coast, but this must be the lure and without Cansoe I may
denounce the settlement will advance but slowly therefore your
Lordships will judge how much this place ought to be encourag'd,
and in my humble opinion, nothing will contribute more towards
its advancement, than permitting it to be a free port for three
or four yeares. My arrival here gave a general joy being taken
as a good presage of the Government's resolution to assert its
right. And to confirme the opinion the more, I have determin'd to pass a bad winter here, without the necessarys of
life, which hinders me from being more particular to your Lordships, my papers being left at Annapolis Royal. I must
begg leave to remind your Lordships, for the last time, that
I remaine under an incapacity to receive familys, and begin
the settlement. There are several that offers at this time,
but your Lordships, who drew my Instructions knowes the
extent of my power etc. When the Surveyor shall arrive, it will
necessaryly take up two or three yeares time before he can make
any progress in the buisness, therefore if a reserve (in every
settlement to be made) of all woods fitt for the use of the Royall
Navy, may not answer the ends of a survey, and save time I
submit to your better judgments in the mean time I have made
dispositions of small plotts of ground and little rocks or Islands
in this harbour for the conveniency of the fishery, which I
have promised to confirme. I am in hopes the officer who will
have the honour to deliver you this, will be dispatched early
in the spring with your Lordships Instructions upon every
necessary point, etc. Signed, R. Philipps. Endorsed, Recd
(from Capt. Henry Daniel), Read 18th April, 1722. 6 pp.
[C.O. 217, 4. ff. 45–48v.; and (abstract, with marginal notes
for reply) 217, 30. p. 15.] |
Oct. 3.
Kensington. |
677. H.M. Commission to Governor the Duke of Portland,
revoking that of Sir N. Lawes. Countersigned, Carteret. [C.O.
5, 191. pp. 207–221.] |
Oct. 4.
Whitehall. |
678. Council of Trade and Plantations to Lord Carteret.
Reply to Sept. 27th. q.v. We have reconsidered our letter of
14th Sept., concerning Tobago, and having discours'd with
some persons vers'd in the Plantation settlements, we are of
opinion, First, that no more than 300 acres of land, or less than
15, be granted to any one person, or to any in trust for him,
and that no patentee be allowed to purchase any lands of other
persons more than what shall make ye land he holds by patent
300 acres. And 2ndly, that each patentee be oblig'd to cultivate
every year one acre in every fifty, as is requir'd by the grants
at New York and Virginia, and so in proportion for any quantity.
We must further observe that it will be necessary among other
regulations, that every patentee be obliged for every 40 acres
to keep one white man or two white women, within a year after
the date of their grant, and one white man or two white women
for every 20 acres three years after the said date, as was propos'd
by this Board in their regulations for the settlement of St.
Christophers. [C.O. 29, 14. pp. 244, 245.] |
Oct. 5.
Virginia. |
679. [ ] to Mr. King, a merchant at Bristol. I
have long since promised you an account of the management of
affairs etc. Our Governour never yet agreed with any Assembly,
except that one that made the stamping tobacco law, which
gave him all things asked, and he their Agents places to pick
our pockets, but by a good Providence we were delivered from
them at the same time the Nation was from Popery and slavery
on a certain first day of August etc. His high flown principles
and proud ambitious temper has made him treat all other
Assemblyes more like footmen then Representatives of the
body of the country whenever they opposed him which made
the differences run high, and the Council met with the same
treatment, which engaged all people into parties as Court and
Country. To support his cause tooles were pitched to make up
Grand Juries to deliver fulsome Addresses to the Governour and
abuse the Councill and Assembly. The same tooles made
Addresses from the Court and even to engage every barefooted
fellow to signe Adresses from the Counties but all this availed
nothing. Collo. Bird was acting at home for the Assembly,
and Council thought the Governour would never pass a book
of claims from the Assembly that had anything in it given to
Bird. The Lords Orkney Argyle and other great men were
willing to reconcile matters with him, and the Country and
Collo. Bird was to motion the matter and the Governour was
to give up the great points in dispute, and advised by the great
men to part with all but his honour for peace sake, but his
answer to Bird's message was, that his terms were too insolent
to be complyed with, and nothing was talked of but caining and
kicking but all went off with a little short raillery when Bird
and he met; His little mistress was just then arrived from an
embassy from Brittain. That he must accept these terms or
out for Coll. Bird had nothing to do but to return and report
his non acceptance of the noblemen's propositions and then
he would be out which made him cloudy for some time but then
he began to play his old game of dissimulation and when they
least thought of it he melted them with a most humble desire
of peace and friendship and would agree with them in all things
and saluted them with a Judas's kiss, and came from the Council
Chamber to the Barr, and saluted Mr. Holloway [Speaker of
Assembly, Ed.] who had also been his enemy. This humble
disposition was agreable to all, and there were great rejoycings
etc. throughout the Towne for this sudden and unexpected
reconciliation. The next thing was to get an Assembly of his
old creatures, and then he would not value his new friends again.
The Militia was put into their hands tho' most rank Tories and
enemies to the Government, and Militia Comissions flew about
to every fellow that could make two or three votes and as it
was expressed in one of his letters he gave the power to his
friends to make a discreet use of and indeed never fouler play
was by men, than at most of our elections but they lost the
majority in the house to the Governour's great mortifications
etc., and the Militia Officers have ever since plagued the people
for it by unavoidable fines, but since he could not get an
Assembly of his own it was but playing the same part with
them as he had with the Council and cajole them with a fine
reconciling speech and assemblies of musick dancing feasting
etc. which took and by the help of some of his friends got from
them a fine flattering address calling him the great, the good,
the just, the wise Governour etc., which he thought bound
them and established himself at home. Then he plai'd his
game, to monopolise the frontier lands and cheat the Crown.
He got them to address the King to send an hundred soldgers
to guard the two passes of the mountains, tho' there is no such
thing there and to give the right of taking up such lands which
is five shillings for every 50 acres, and to give the quit rents for
10 years, also perswaded the Assembly to make the frontiers
on our River a new county called Spotsilvania and to give
£1000 out of the Treasury to buy armes, build a Courthouse
and Church the first of which is in one roome of his owne house,
and to cloak this the better another county is to be at the head
of James River but as yet is onely in imagination; then he getts
the Assembly to make a law for the easie seating and saving
such great quantities of land as he intends to have, which is
effectually done. When all was secured he prohibits the
Surveyors from making surveys for any person, and the lands
that he and his Company held before by surveys, as the mine
tracts where the iron works are is 19,000 acres, the Alexandrum
also his own, the Spotsilvania much greater than the rest is
now surveyed to come within the new Law and the bounds
extended as farr as they can go for the mountains. A person
who knows it well tells me it is 30 miles in length and several
in breadth, in all supposed to be 200,000 acres. This amazes
the country to see such a cheat upon the Crown, the poor people
that would settle it cannot come in, those that has had surveys
and better rights has them taken away etc. Endorsed, Recd.
(from Mr. Gee), Read 9th Jan., 172½. 21/8 pp. [C.O. 5, 1319.
No. 12.] |
Oct. 5.
Whitehall. |
680. Council of Trade and Plantations to Lord Carteret.
Enclose following (v. 23rd Aug.). Annexed, |
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680. i. Same to the King. Enclose draught of H.M. Instructions for Lt. Governor Hope. The Instructions "are
in the usual form except some alterations made in
Articles 9–11, 18–22, 24, 25, 27, 31, 43, 52–54, 68, 69,
81–83, and 89, pursuant to what your Majesty has
been pleas'd to approve of in the Lord Belhaven's
and Col. Hart's Instructions for which we gave our
reasons to your Majesty in a representation of the 8th
of the last month. We have omitted the latter part
of the 26th Instruction which allow'd the Lieut. Govr.
to receive rent for a house until one be built for him,
because we find that there is now a house built there
pursuant to an Act pass'd in those Islands in 1698.
In obedience to your Majesty's particular commands
signify'd to us by the Lord Carteret's letter of the 6th
of the last month we have added at the end of Col.
Hope's 27th Instruction a permission for him to receive
such addition to his salary as the Assembly there shall
think fit to make under the restrictions therein mention'd. And in obedience to your Majesty's further
commands signify'd by an Order of Council of the 26th
of the last month we have alter'd the 58th and 62nd
Instructions relating to the Bishop of London's certificate for Ministers and licences for Schoolmasters
pursuant to the said Order. We also take leave to
lay before your Majesty the draught of the usual
Instructions particularly in relation to the Acts of
Trade and Navigation," etc. |
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680. ii. Draught of H.M. Instructions for Lt. Governor
Hope. |
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680. iii. Draught of Instructions in pursuance of Acts of
Trade and Navigation. [C.O. 38, 7. pp. 390–458 (b)] |
Oct. 6.
St. James's. |
681. H.M. Warrant for letters patent to William Monk as
Attorney General at Jamaica and revoking that of Edmund
Kelly. Countersigned, Carteret. Copy. [C.O. 324, 34. pp.
72, 73.] |
Oct. 6.
Whitehall. |
682. Mr. Popple to Horatio Walpole. Upon an Order of
of 2nd Oct., Council desires him to move the Lords Commrs. of
H.M. Treasury, for 40 copies of the Act for the further preventing
H.M. subjects from trading to the East Indies under foreign Commissions etc., to be sent to Governors of Plantations. [C.O.
324, 10. pp. 436, 437.] |
Oct. 6.
Charles Town, South Carolina. |
683. Governor Nicholson to the Council of Trade and Plantations. Refers to letter of 19th July and encloses copy of an
Act for recognizing King George, with a list of other Acts and
Ordinances past by the Assembly. Continues: One of the
Ordinances is for appointing two Agents a copy of which is
herewith sent to your Lordships and by these Agents (God
willing) will be transmitted to your Lordships the Acts and
Ordinances under H.M. Great Seal with the copys of the Journall
of both houses and likewise the Journall of the Council and other
publick papers which are now prepareing but I meet with a
great deal of difficulty in getting persons quallifyed for writeing.
The Agents will have it in their Instructions to wait on your
Lordships and receive your commands. They sail the 16th
inst. etc., but Capt. Taylor sailing now I thought it incumbent
upon me to send your Lordships the enclosed papers by which
your Lordships may please to see how we began and ended
the Assemble. The copys of the papers concerning Col. Barnwell the Alatamaha River and Fort King George they will
informe your Lordships of the state of that affair and after I
have dispatcht the Agents I design God willing to goe to those
parts etc. I have not been able (very much contrary to my
inclination) to goe three mile out of this town either by land
or water etc. Your Lordships will conclud I must have met
with a great many difficulties in settling the Governmt., a full
account of which will be given your Lordships by Mr. Yonge
of what was done in Council, and by Mr. Lloyd of what was
done in the Lower House of Assembly etc. Mr. Lloyd was
once Secretary to Mr. Craggs in the Post Office etc. 'Tis
generally observed that since H.M. hath taken this country
and Governmt. it hath been very seasonable weather, but
before we arrived they very much wanted rain that made
them fear they should have had but mean cropps either of rice
or corne and it pleased God that soone after H.M. Commission
was published we had a good deale of raine and we ever since
have had very fine and seasonable weather now is the rice
harvest both rice and corne proves very good and if it please
God the weather continues but one fortnight longer the rice will
be all in, of which we talk of making 30,000 barrills this harvest,
etc. P.S. Landgrave Morton one of H.M. Council dyed about
a month agoe. But by the Agents I shall send your Lordships
a list of 12 persons fitt to be of H.M. Council. Signed, Fr.
Nicholson. Endorsed, Recd. 9th Jan., 1721, Read 17th April,
1722. 3 pp. (Enclosures missing). [C.O. 5, 358. ff. 109–110v.; and abstract, with notes for reply, 5,406. pp. 3, 4.] |
Oct. 7.
Whitehall. |
684. Lord Carteret to Governor Hart. It having been
represented to the King, that the losses sustain'd by the inhabitants of Monserrat on account of the descent made by
the French in 1712, have in a great manner impoverished and
dispeopled the same, many of the sd. inhabitants having been
obliged thereby to withdraw their persons and effects, in order
to settle in other parts, H.M. being willing to prevent the
farther desertion of the inhabitants, and to encourage those,
who have already deserted, to return and resettle there, is
pleased to declare his intention of using his most earnest
endeavours with the most Xtian King that the XIth Article of
the Treaty of Utrecht, so far as it relates to the Island of Monserrat may be duly executed, in order to have justice done to
the sufferers for their losses occasioned by the above mention'd
descent. And to the end this H.M. gracious intention may have
a due effect, you are hereby directed to communicate the same
to the Council and Assembly of the sd. Island, and to make
it known in such manner as you shall judge proper, to all other
H.M. subjects whom it may concern. Signed, Carteret. [C.O.
324, 34. pp. 73–76.] |
Oct. 7.
Whitehall. |
685. Same to Same. It having been represented to the
King that the inhabitants of Nevis one of the Leeward Charibbee
Islands, suffer great uneasiness on account of a former capitulation between M. d'Iberville and the inhabitants, in 1706, and
that they apprehend the demands founded on the sd. Capitulation may be unjustly made upon them by the French; H.M.
being willing to remove any such apprehensions from the minds
of the inhabitants, and to encourage them to remain in the
quiet and peaceable enjoymt. of their possessions in the sd.
Island, is pleased to declare His intention of supporting them
in their just rights, and of affording them all due succour and
protection on account of the abovementioned demands. And
to the end this H.M. gracious intention may have a due effect,
you are hereby directed to communicate the same to the Council
and Assembly of the sd. Island, and to make it known in such
manner as you shall judge proper to all other H.M. subjects
whom it may concern. Signed, Carteret. [C.O. 324, 34.
pp. 76–77.] |
Oct. 8.
Whitehall. |
686. Order of Council. Approving Instructions for Lt.
Governor Hope (v. 5th Oct.). Signed, Edward Southwell.
Endorsed, Recd. 23rd, Read 24th April, 1722. 1¼ pp. [C.O.
37, 10. No. 23; and (duplicate, signed, Temple Stanyan) 5,
191. p. 307a.] |
Oct. 11.
Barbados. |
687. Mr. Cox to the Council of Trade and Plantations. Since
my last, very little material has happen'd etc., except the following particulars. The restor'd Members of Council still persist in
refuseing to act with the Assembly etc. I lately received a very
flaming complaint against Mr. Sutton in two petitions etc.
enclosed, and I order'd it to be heard before myself in Council,
that Mr. Sutton might have an oppertunity of makeing his
defence. But through the artifices of the said Members of
Council, they have contriv'd to avoid makeing a Board, though
twice specially sumon'd, I have call'd them againe to meet
to-morrow etc. I have carefully search'd all the Council Books
of Barbados, and cannot find the Order of his late Majesty
King William reffer'd to in the 34th clause of my Instructions
enter'd therein, and humbly offer it as my opinion that a fresh
copy of the said Order be transmitted hither. I must according
to the directions in the said 34th clause observe to your Lordships
that the makeing indebted persons either Chief Judges or
Assistants Judges in the Precints where they live and of course
in the Court where they are to be sued is of very ill consequence
and tends to the obstruction of Justice etc. I have received a
complaint against William Carter Esq. a Member of Council
for threatening as he was a Judge of the Court of Chancery to
give a cause against one William Bayley for not voting for ye
said Carter's brother. But I have done nothing therein, except
ordering Carter to answer it, nor shall I do anything therein
but by and with the advice and consent of Council. Depositions
enclosed. The dayly ill treatment I meet with from the restored
Officers makes me impatiently wish for the Lord Bellhaven's
arrivall. They indeed report and perhaps may endeavour to
raise a clamour in England as if I intended to displace all of
them again, and indeed by their conduct they seem to wish for
it, and provoke me to do it, But I assure your Lordships I have
no such intentions how just so ever my reasons may be, being
determin'd so farr as is consistent with the preservation of the
Prerogative and the administration of Justice to let them continue not doubting but that my Lord Bellhaven when he finds
the Millitia in such a shatter'd condition, and our Courts of
Justice compos'd for ye most part of persons of scandalous
charracters more in debt then they are worth, will redress these
grievances of our poor Country. Refers to escape of illegal
traders. v. 23rd Aug., "throw the conniveance of the two
gunners at Charles Fort whom I have therefore displaced. The
conduct of ye Custom House Officer Mr. Gibbes on this occasion
gives me just ground of suspect that he was concern'd in
that escape, and the Collector Mr. Lascells since his arrival
has been so farr from concuring with me in the prosecution,
that he does all he can to retard and obstruct it, and refuses to
come to me altho' I have sent for him." Signed, Saml. Cox.
Endorsed, Recd. 4th Dec., 1721, Read 11th Jan., 172½. 2pp.
Enclosed, |
|
687. i. Petition of Joseph Fowle, junr., and Francis Lee to
Samuel Cox, President of the Council. Petitioners
obtained judgements against William Chearnley, two
of whose negroes were sold by auction to Willoughby
Duffey. The purchase money was not paid by him
within twenty days, according to law, but upon his
petition Judge Sutton quashed the outcrys and all
proceedings thereon on pretence that the said negroes
were the slaves of William Chearnley father of sd.
Chearnley and therefore first liable to his debts etc.
Chearnley was only entitled to one third part of his
father's estate by his will. The title of the purchaser
ought to have been tried by jury, and Scrutton acted
ultra vires, whilst the purchaser had his remedy in
law against W. Chearnley, jr. Pray for relief. Signed,
Joseph Fowle junr., Francis Lee. Ordered to be
heard before President and Council at next sitting.
Signed, Sam. Cox. 10th Oct. 1721. Same endorsement. 2¼ pp. |
|
687. ii. Deposition of John Smith. 11th Oct, 1721. In Aug.
1720 William Carter, then a Member of Council,
promised, through deponent, to vote for William Bayly
(who married the sister of deponent's wife) at the
Council board in his case against James Cecil, if Bayly
would vote for John Carter and Thomas Spencer to
be Assemblymen etc. Signed, John Smith. Same
endorsement. ¾ p. |
|
687. ii. Deposition of Antipas Treasure. 11th Oct., 1721.
Deponent heard William Carter threaten William
Bayly (v. preceding), that he would do his endeavour
to put James Cecill into possession of Bayly's land
before the time of the election. Bayly answered
that he should be a freeholder for all that. Signed,
Antipas Treasure. Same endorsement. ½ p. |
|
687. iii. Deposition of Mary Tyldesley. 11th Oct. 1721.
To same effect as Nos. ii., iii. Signed, Mary Tyldesley.
Same endorsement. ¾ p. |
|
687. iv. Deposition of William Bayly of St. Thomas' parish,
planter, 2nd Oct., 1721. Carter (v. preceding) said
he had served Cecil before and would serve him again
etc. Deponent believes Carter bears him ill will,
because he always refuses to vote for him and his
friends etc. Signed, Will. Bayly. Same endorsement.
1 p. |
|
687. v. Petition of plaintiffs in the Court of Common Pleas
for the precinct of St. Michael to Saml. Cox, President.
In accordance with H.M. Order for restoring officers
etc., 28th May, your honour did appoint Edmund
Sutton, Chief Judge, and Thomas Dinning, Thomas
Maycock and John Boynton and Christopher Fowler
to be Assistants of the Court of Common Pleas. Sutton
swore Dinning and Boynton, but refused to swear
Fowler though the latter offered himself. Maycock
being very much in debt and there being several
writts against his body did not think fit to appear
at the Court. Sutton, Dinning and Boynton had
several actions depending in sd. Court agt. themselves,
but such of sd. actions as were called were put off for
want of a quorum on the Bench etc. Sutton held the
Court only a few hours in two of the four days it
ought to have been held, so that not above 60 actions
were tried, and 400 postponed etc. Pray for relief.
Signed, Jno. Bentley, J, Riddock, Cha. Dundas, Phil.
Evans. Endorsed as preceding. 2 pp. [C.O. 28,
17. ff. 216–217v., 218v.–225v.] |
Oct. 11.
Whitehall. |
688. Lord Carteret to the Council of Trade and Plantations.
You are to prepare an Instruction for His Grace the Duke of
Portland agreeable to those which you have already prepared
for the present Governors of Barbadoes, the Leeward Islands
and Bermuda etc. v. 5th July etc. Signed, Carteret. Endorsed,
Recd. 12th, Read 27th Oct., 1721. 1 p. [C.O. 137, 14.
ff. 44, 45v.; and 5, 1092. No. 24.] |
Oct. 14.
Whitehall. |
689. Lord Carteret to the Council of Trade and Plantations.
Having laid before the King your Lops. report of the 14th past
etc. I am hereby to signify to you H.M. pleasure, that you
prepare an Additional Instruction for Lord Belhaven, conformable to the said report, excepting only, that you make such
alterations therein, as are proposed in your letter to me of the
4th inst. Signed, Carteret. Endorsed, Recd. 16th, Read 7th
Oct., 1721. ¾ p. [C.O. 28, 17. ff. 185, 186v.] |
Oct. 14.
Kensington. |
690. H.M. Commission to Lt. Governor Hope to be Captain
of the Independent Company at Bermuda. Countersigned,
Carteret. [C.O. 324, 34. pp. 77, 78.] |
Oct. 14.
Whitehall. |
691. Mr. Popple to Mr. Burchett. Encloses, for the information of the Lords of the Admiralty, complaints against
Capt. Whitney received with Governor Hamilton's letter of
19th May. [C.O. 153, 14. pp. 82, 83.] |
