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May 19.
Boston.
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170. Governor Belcher to the Council of Trade and Plantations.
Abstract. Refers to letters of 5th Feb. and 20th April.
Their letter of 10th Oct. omits mention of seven of his letters ; he
hopes they have "all had the honour to kiss your Lordships'
hands." As to his salary, he will mention it again to the Assembly,
as they direct him to do, but thinks it derogatory to H.M. honour
to be publickly pressing the Assembly to pay a just regard to the
King's royal orders, while they are as often denying etc. The
House of Representatives here seem to have an aversion, even to
a mention of the King's Instructions, as their last Message, in
enclosed Journals will show, and "with how much indecency
they have treated the King, and with how much rudeness His
Governour, for no other reason, but because they cou'd not tempt,
or provoke him to fly in his Master's face." It would have been
very easy to answer their unmannerly message, and laid open some
falsehoods and many false glosses, but it would have been to no
purpose. "Nor do I think it for H.M. honour that his Govr.
shou'd too much capitulate with a House of Representatives
about H.M. royal orders. This, I remember, one of your Lordships
told me at Whitehall, was a mistake in my late immediate
predecessor" etc. Intends for the future "to say onely what
may be of the most absolute necessity to the Assembly, and go on
in a sacred observance of the King's Orders, and when there
happens any dispute upon them I shall represent the circumstances"
etc. Thanks Board for their report in favour of his
assenting to the last grant etc. The Assembly would have been
best pleased if the Royal leave for taking his support had failed,
that they might have treated him in the same barbarous, unjust
way, which they have practis'd to Mr. Burnett's family. Although
they voted him 6000, intended for two years' administration, a
few days before his death, yet now they will not give his family
a farthing of the 3,400, his just proportion for 14 months administration,
with interest. He awaits fresh Instructions relating to
the Council and Assembly's application to H.M. about the manner
of supplying the Treasury. If this affair is not speedily settled,
he feels bound seriously to repeat that the Province will be in the
greatest confusion. "H.M. fortifications are all dropping down,
and the Officers and soldiers must march out for want of their
pay, nor can the dignity of the King's Government be supported
in any degree. Nay, I am afraid there will be no Government at
all, without some quick redress." Was greatly surprised by the
Board's report of 4th Nov., 1731, relating to his dispute with
Col. Dunbar. Thinks it would have been but justice that he
should have been served with Col. Dunbar's complaint, for his
answer, before a report was made. Perhaps such an answer
might have made most of the facts appear false, and have saved
the Board and Privy Council any further trouble. "As H.M.
Ministers have hitherto thought it best that this unreasonable
thirst of power of Mr. Dunbar's shou'd remain unquencht, I hope
it will die in such a way : For shou'd I ever receive H.M. sign
manual in gratification of Mr. Dunbar's I don't know what, I
shou'd look upon it a sort of superseding of my Commission in
New Hampshire," etc. Agrees with the Board, in their reference
to his own remarks upon Dunbar, that no man's reputation should
be called in question, without an opportunity of making his
defence, and hopes they will remember this when his own name
is mentioned on any account. Had this rule been observed, he
would never have received H.M. Order of Nov. 12th, 1730,
respecting Pemaquid etc. The Board now finds his sentiments to
come out exactly right respecting Collo. Dunbar's exceeding his
orders in invading the rights and properties of the owners of
lands etc. Though Dunbar and his brother Jerry have been doing
everything in their power for the last three years to his prejudice,
he has lately protected one of them from the fury of the enraged
populace, and if the other behaves with the respect due to his
Governor, he will always find from him "what shall convince
every gentleman of reason that I am desirous to live in a gentlemanly,
friendly manner with him. As to the nomination of
Councellors for New Hampshire, my Instruction No. 6 etc. plainly
shows the great trust H.M. has reposed in his Governour, when
vacancies happen etc., and that undoubtedly a more superiour
credit is to be given to him, that to a Leiut. Governour. I am
oblig'd to repeat to your Lordships, that that Gentleman's
appointment and continuance in the Leiutenancy at New Hampshire
tends to nothing but faction and disorder in that Government,
nor do I think it practicable for him and me to coincide,
because he has endeavour'd from first to last so unreasonably and
unjustly to hurt me" etc. Is determined "always to be an honest
man, and a faithfull servant to the King ; maugre him and the
rest of my worst enemies" etc. Set out, Mass. Hist. Soc. Coll.
6th Ser. VI. 286. Signed, J. Belcher. Endorsed, Recd. 25th
June, Read 30th Augt., 1733. 17 pp. (quarto with wide margins
and abstract). Enclosed,
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170. i. Governor Belcher's 6th Instruction relating to recommendations
by him of persons fit to supply vacancies
in the Council of New Hampshire. Copy. 1 pp.
[C.O. 5, 875. ff. 168-177, 179 v.]
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May 19.
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171. Thomas Lowndes to the Council of Trade and Plantations.
In reply to command of 11th instant explains that he sold
9000 acres to Mr. Thorpe and 3000 to Mr. De La Fontaine, but
the words in the conveyances were, land not yet admeasured, taken
up or run out etc. Mr. Thorpe going to S. Carolina, found that an
agent for Mr. Lowndes had by his direction, and many months
before his agreement with him, run out another barony of 12000
acres for which he had a grant upon Port Royal River. Liking the
situation, Mr. Thorpe informed the Agent that this was the barony
he had bought, and with a present prevailed upon him not to
return into the Surveyour's Office the field survey he had made.
He also got Mr. St. John, H.M. Surveyor General, to survey the
same and certify the plan. On his return to England Mr.
Lowndes expostulated with him, but found him not inclined to do
him justice, but when he heard certain persons of credit were
coming from South Carolina, who disprove his false statements,
he made application to the Privy Council, hoping to procure an
order to keep him in possession etc. (v. 27th April). None the less,
for peace sake, Mr. Lowndes proposed to leave the dispute to
arbitration, as the enclosed extract shows etc. Signed, Tho.
Lowndes. Endorsed, Recd. 21st, Read 22nd May, 1733. Holograph.
2 pp. Enclosed,
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171. i. Extract of letter from Mr. Lowndes to Mr. De la
Fontaine. 13th March, 173. Mr. Thorpe neither
talks reasonably nor truely. Pray keep his first letter
[from Carolina] with what other tackle I have will
clearly do my business etc. I dare referr the whole to
Mr. Missing or to your own conscience, but right and
justice I must have. Signed, Tho. Lowndes. Copy.
p.
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171. ii. Several particulars wherein Messrs. Thorpe's and
De la Fontaine's grant purchased from Thomas Lowndes
differ from other grants of land made by the late Lords
Proprietors. 1 p. [C.O. 5, 362. ff. 158, 159-160 v.]
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May 19.
No. Carolina.
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172. Governor Burrington to the Council of Trade and
Plantations. Abstract. Reply to Mr. Popple's letter of 16th
Aug., 1732, received 26th March last. Witnesses will prove all
that he has written about Mr. Porter. Corrects Mr. Popple's
statement that he "renounced any favour from their Lordships,"
and that Mr. Porter was acquitted by the old Councillors and
only condemned by the new ones he had made. Col. Jenoure and
Col. Hatton voted for his suspension etc. Refers to letter of 4th
Sept., 1731, and repeats his explanation of his appointing
Councillors. He has never altered the rank of Councillors.
There are now but four of the Councillors appointed by H.M., and
of these Mr. Rowan is in Europe. Will not restore Mr. Porter to
the Council table without direct orders from the Board. Explains
his invitation to the Assembly to send some of their members to
him during their sitting. As to the great irregularities in his
commerce with the Lower House observed by the Board, Mr.
Popple mentions only one, viz. comparing Moseley to a thief.
Moseley in confederacy with some of the Council endavoured to
stir up divisions in the Assembly and to prevent it from doing
business, hoping thereby to put off any enquiries into the frauds
he had been guilty of while Surveyor General etc. To prevent the
Burgesses being deluded, he made that comparison, which was
just and not improper on that occasion. The Journals of the
House will show that they were not intimidated by his answer
to their mesage etc. He behaved with calmness. As to the
Secretary's observation that the Grand Deed from the Lords
Proprietors to the County of Albemarle (1st May, 1668) can only
be understood as a temporary letter of attorney, revokable at
pleasure, and that it was in effect revoked by an order to Mr. Eden,
explains that, being a grant of so much land to any person settling
there, it has always been held as firm a grant as the Proprietors'
own Charter from the Crown, and as valid as their grant, or deed,
to any particular person would be, and no more revokable, upon
their complying with its conditions etc. Though the Proprietors'
establishment, in point of government, might be revokable, yet
grants of lands cannot be, as is further evidenced by the form of
the patents for each grant, which they hold were but a confirmation
of their previous conditional right, upon fulfilment of the condition
of the importation of one person for every 50 acres etc. The
people further plead that this Grand Deed is confirmed by a law
of the country, that establishes the forms of particular grants
under the Grand Deed, and what rent is to be reserved on it etc.,
and on that rent they claim it as their undoubted right, in
Albemarle County, to take up lands on those conditions etc. As
to the supposed order to Governour Eden, he can find none, and is
assured no such order ever came etc. As the people claim it, as
their right, to have lands surveyed, and patents made them, on
the condition of sealing and planting, and 2s. per 100 acres quitt
rent, the same as Virginia, he has granted warrants after the
usual manner, and some surveys have been made ; but he has not
ventured to make out any patents, nor indeed will people take
them, at the rent prescribed, of 4s. per 100, which has discouraged
abundance of people, and is not only a detriment to the offices,
but a great hindrance to the settling and growth of the country.
The case of South Carolina mentioned in his Instructions as a
great inducement for the people to pass an act for such a rent
and registering their lands, is very different. There the quit
rents were 20 years in arrear, and remitted ; but here they were
annually collected etc. The people will not be easily brought to
register their lands over again. If that were done, it would be a
certain means to make a rent roll by, and for that very reason the
people will endeavour to avoid it. As to the paragraph in the
Secretary's letter, that officers' fees should be paid in Proclamation
money, even the permitting them to be received in bills, at
four for one (which is much less than Proclamation money) has
been made the greatest handle to raise clamours against him.
He stated the difficulty in his report upon the state of the country,
and desired a speedy answer and also about the laws passed in
1729 etc. If he had had proper answers to those points, he could
have made everything very easy, as in other things he has done,
particularly in settling an orderly and peaceable behaviour, so
much wanted among this distracted and disorderly people. But
for want of instructions in these matters of such importance to
them, the people have been kept in suspence, and therefore the
more liable to discontent and ill impressions against him etc.,
and are informed that such means are used, that no settlement
should be made, whilst he is Governor, and rumours artfully
spread that he will soon be removed etc. Will observe his 14th
Instruction and insist on his right to nominate and appoint the
Clerk of the Assembly. It is his opinion that the Burgesses who
are to sit in July will aim at much more power and privileges, than
the Members of Parliament. Refers to Journal of Assembly etc.
and repeats case as to the claim of the Assembly to choose the
public Treasurer. Upon the Board's enquiry, he has endeavoured
to find out by what authority Mr. Moseley was appointed Public
Treasurer, but he has returned an evaisve answer. Awaits the
Board's Instructions. Upon searching the Acts, finds that
Mr. Moseley was first so described by the Act of 1723 for emitting
bills of 12000, but suggests that that was only for the disposal
of that particular set of bills, now extinct. Continues : "As all
publick dues are paid in bills only, it is reasonable, and just, that
they should be received for no more, then they are rated att.
Yet I am very certain, when warrants are signed, for paying
Judges, and other attendants, on the two Courts of Oyer and
Terminer I am commanded to call every year, the whole country
will be in an uproar, and I am in doubt, whither the Council, will
consent to my issueing of them in that manner. There has not
been anything pay'd for the three Courts allready held." Running
a boundary between N. and S. Carolina will be very expensive,
as that part is uninhabited. Asks how he is to procure the money
for that purpose. He informed the inhabitants taken from
Virginia by the new boundary line, that in his opinion they had
no occasion to renew their patents etc. Explains, as in previous
letters, how upon an Order of Council in 1724 (v. encl. ii.) warrants
for land were issued without an account being kept of the number
of acres. Continues : "This Province being divided into two
countys, named Albemarle and Bath, the people who took up
lands in Albemarle, did it under the Grand Deed. In Bath
County, the Proprietors sold the land at a small price, and
reserved a less rent etc., the consideration upon the warrants I
now write of, was to be three shillings (in bills) pr. hundred acres,
and seating and planting within two years. I am informed a
great deal of land taken under that Order was purchased and
patented in the time of Sir R. Everard" etc. Not more then 640
acres, were to be held by one of them warrants, but people took
that, or any less quantity, as they judged proper ; att the signing
the warrants ; there was no other scituation specifyed, then
lying, and being, in Bath county. Refers to his former accounts
of the frauds of Moseley, Ashe etc. in surveying and selling lands.
His endeavours to serve the King in this matter has made them
and their friends his inveterate enemys. "A dangerous crew
they are, and unhappy must be every honest man, that has
anything to do with them." Continues : "Soon after the date
of my last letter, I sett out with Indian guides, and some white
men to mark a road thro' the middle of this Province, from
Virginia, to Cape Fear River ; and to view the lands, lyeing in
those parts, till then unknown to the English inhabiting this
Government etc. I spent seven weeks in that expedition, believe
the land sufficient, to contain about 3000 plantations" etc.
Described. "I spent a great deal of money on this occasion, in
presents to the Indians, and in paying the other men, that went
with me." Hopes for further instructions from the Board etc.
Set out, N.C. Col. Rec. III. 475. Signed, Geo. Burrington.
Endorsed, Recd. 22nd Feb., Read 1st Aug., 1734. 12 large pp.
Enclosed,
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172. i. Mr. Moseley to the Governor and Council of N. Carolina.
April 3, 1733. His first appointment to be Publick
Treasurer was by that Assembly which first emitted
bills of credit etc. Signed, E. Moseley. Copy. 1 p.
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172. ii. Order of Governor and Council of N. Carolina, 17th
April, 1724. Upon an Address from the Assembly ordered
that persons may take out warrants signed by the
Governor and Council and directed to the Surveyor
General to lay out lands in Bath County until the Lords
Proprietors' pleasure be known etc. Conditions specified.
Copy. 3 pp.
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172. iii. Commission by the Lords Proprietors of Carolina
appointing Christopher Gale Chief Justice of N. Carolina.
March 21, 1721. Copy. 1 p.
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172. iv. Patent issued to William Smith upon his producing in
Council the King's warrant appointing him Chief Justice
of N. Carolina. 1st April, 1731. Signed, Geo. Burrington.
Copy. 1 p.
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172. v. Commission appointing John Palin Chief Justice when
Chief Justice Smith left his post without leave. 27th
July, 1731. Signed, George Burrington. Copy. 1 p.
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172. vi. Commission appointing George Martin, Henry Bonner,
Isaac Hill and Thomas Lovick Assistant Justices, 27th
July, 1731. Note. The first that was made out is
not to be found, and it's supposed Mr. Smith carryed it
off with him, as he clandestinely took away the King's
warrant to me to appoint him Chief Justice. Signed,
George Burrington. Copy. 1 p.
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172. vii. Commission appointing William Little Chief Justice.
18th Oct., 1732. Signed, Geo. Burrington. Copy.
1 p.
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172. viii. Commission appointing Roger Moore, John Worsley,
William Owen, Mackrora Scarbrough and William
Badham Assistant Justices etc. 18th Oct., 1732.
Signed, George Burrington. 1 p.
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172. ix. Address of the Assembly of North Carolina to the
Lords Proprietors, describing disorders and complaining
of Mr. Porter and Moseley and others, whom they style
restless incendiarys etc. 31st March, 1711. Copy.
2 pp. [C.O. 5, 294. ff. 97-103, 104-105, 106, 107, 108,
109, 110, 111, 112, 112 v., 113 v.]
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May 21.
Boston.
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173. Governor Belcher to the Council of Trade and Plantations.
Abstract. Has lately been at New Hampshire. Encloses
proceedings of Council and Assembly, from which the Board will
find that the Assembly would supply no money to the publick
Treasury, although there has been none there for near two years,
which greatly exposes the King's Government, as well as oppresses
the people, to whom the Province is indebted. He therefore
dissolved the Assembly. All this was due mainly to Messrs.
Wentworth and Atkinson, who endeavour to make everything in
the Government as uneasy as possible. Refers to account given
5th Feb. of their insolent management of the mandamuses for
Councillors. "However when I got into that Province, I
expected they wou'd have immediately tender'd me their
mandamuss. But they kept them in their pockets from 23rd
Feb. (the day I arriv'd there) to 10th March, after they had done
all the mischeif they cou'd in the House of Representatives. Two
days after I sent for them" etc. Refers to enclosures : How is it
possible to support the King's authority, if such insults upon it
must be endured, and how can the hands of the King's Governour
be strengthen'd, if men so diametrically opposite to him, must be
let into the Government to clog everything he proposes for the
King's service, and for the good of his subjects? Asks that these
gentlemen may never receive any fresh order for being admitted
into the Council, and that he may receive the mandamuses for
Coll. Joseph Sherburne and Capt. Ellis Husk, etc. Set out, Mass.
Hist. Soc. Coll. 6th Ser. VI. 294. Signed, J. Belcher. Endorsed,
Recd. 25th June, Read 30th Aug., 1733. 4 pp. (quarto, wide
margins). Enclosed,
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173. i. (a) Governor Belcher's Speech to the Council and
Assembly of New Hampshire, Feb. 24, 1733, with the
Assembly's reply, Feb. 28th.
(b) Messages to and from the Assembly and Governor
and Council, concerning fixing the boundaries and supply
of the Treasury, March 7th10th, 1733. The Council
object to the proposal of the House, 6th March, for the
Speaker's taking the bonds for 1730 into his hands,
gathering the interest thereupon and paying it into the
Treasury, as it will burden the Province with double
commissions, his and the Treasurer's, whilst the
Treasurer, being under bonds not to misapply the
public moneys, is the most proper person, whilst the
Assembly might be dissolved etc. v. Sessional Papers.
Endorsed, Recd. 25th June, 1733. Copy. 28 pp.
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173. ii. Votes of Assembly of N. Hampshire, Feb. 28March
10, 1733. Endorsed as preceding. Copy, Certified by
J. Belcher. 15 pp. quarto.
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173. iii. Minutes of Council of N. Hampshire, 12th March, 1733.
Messrs. Atkinson and Wentworth being asked by the
Governor why they had not sent their mandamuses to
him, replied that they thought it sufficient to submit
them to the President of the Council etc. ; also they
wished to serve in the Assembly till the session was
over etc. Same endorsement. Copy, Certified by R.
Waldron, Secry. [C.O. 5, 875. ff. 194-195 v., 196 v.,
198-211 v., 212 v.-220 v., 222 v.-223 v., 226 v.]
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May 22.
Whitehall.
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174. Duke of Newcastle to Governor Lord Howe. I beg leave
to recommend to your Lordps. protection, an affair of Mr. Charles
Huggins, in which, as he states it, the Prerogative of the Crown
is concerned. He was by Patent in the year 1720, made Clerk and
Remembrancer of the Court of Exchequer in Barbadoes, and
appointed Mr. Hope of that island his Deputy : one Warron, an
attorney, being then in possession of that office by appointment
of the Barons of that Court, oppos'd this grant ; but upon a tryal
at law, he was obliged to deliver possession of the office to Mr.
Hope, to account for the mean profits, and to pay costs of suit :
yet Mr. Huggins has lately received an account that some
persons in Barbadoes intend by a new lawsuit to bring the
validity of his patent again into question, and endeavour to
deprive him of his right ; and what I am now to desire of your
Lordps. in his behalf is, that, as far as you may by law, and as it
shall appear to you to be just and reasonable, your Lordships will
support the patent, and discourage any vexatious proceedings
of this nature that may be intended against him ; which I shall
acknowledge as a particular obligation. Signed, Holles Newcastle.
Copy. [C.O. 28, 45. ff. 234, 234 v. and 324, 36. p. 424.]
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May 22.
Whitehall.
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175. Order of Committee of Privy Council. Approving
report of the Council of Trade and Plantations upon the petition
of Sir J. Eyles, and ordering them to prepare a draught of Instructions
for Governor Cosby accordingly. Signed, W. Cary.
Endorsed, Recd. 25th, Read 31st May, 1733. 1 pp. [C.O. 5,
1056. ff. 30, 30 v., 35 v.]
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May 22.
Whitehall.
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176. Order of Committee of Privy Council for Plantation
affairs. Referring following to the Council of Trade and
Plantations for their report. Signed, W. Cary. Endorsed, Recd.,
Read 7th June 1733. p. Enclosed,
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176. i. Petition of Charles Purry, attorney for Col. John Peter
Purry, to the King. Since H.M. Instruction of 21st
July, 1732, for granting him 48,000 acres in S. Carolina,
after the importation of 600 Swiss, Col. Purry embarked
with 156 Swiss and settled on part of the township
marked by himself in 1730 on the Savana River for that
purpose. Fearing lest the remaining part of the land
annexed to the said township be taken up before he can
entitle himself to the grant, and thereby persons who
have in no manner contributed to the peopleing of the
said township reap the benefit of his charges and
labour, and himself be rendered uncapable of perfecting
the settlement, prays H.M. to authorize the Governor
to make a grant of part of the said 48,000 acres to Col.
Purry in the land annexed to the said township in
proportion to the number of Swiss already imported,
and for the future in proportion to the number of Swiss
from time to time imported until the same amount to
600 etc. Copy. 1 pp. [C.O. 5, 362. ff. 173, 174,
174 v., 176 v.]
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May 22.
Council
Chamber,
Whitehall.
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177. Order of Committee of Council for Plantation Affairs.
Referring following to the Council of Trade and Plantations for
their report. Signed, W. Cary. Endorsed, Recd. 25th May,
Read 5th June, 1733. 1 p. Enclosed,
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177. i. Petition of Charles Dunbar, Surveyor General of H.M.
Customs in Barbados, Bermudas and the Leeward
Islands, to the King. Whereas there are several
municipal laws made in the said islands, of various and
different natures for the better defence, protection and
well governing the same and that there are likewise
several laws and acts made therein, which relate to and
interfere with the Trade Navigation and Revenue of
Great Brittain and it being incumbent on the Surveyor
General from the nature of his office to take the cognizance
of such laws as are or shall be made in the said
islands anywise effecting the interest of Great Brittain
or your Majesty's revenues there which duty he cannot
so effectually discharge without having a seat in the
respective Councils within his district, and inasmuch as
it has been usual for the Surveyor Generall of the Customs
in South America to be of the respective Councills within
their district, etc. prays to be admitted of the Councils
of Barbados, Bermudas and the Leeward Islands and
that he may be allowed copy of such acts from the
Clerks of the respective Councils of the said Islands
which relate either to trade, navigation or revenue as
he shall judge necessary for H.M. service without paying
any fee or reward for the same. Signed, Cha. Dunbar.
Copy. 1 pp. [C.O. 28, 23. ff. 79, 80, 80 v., 82 v.]
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May 22.
Whitehall.
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178. Duke of Newcastle to Governor Johnson. Sir, This
will be delivered to you by Mr. John Frederick Holzendorf, whom
I take the liberty to recommend to your protection. He is of a
good family in Brandenburg, and goes to Carolina with an intention
to settle at the new town of Purrysbourg ; what he particularly
desires, is a commission in the Militia there, and that, as he
carrys over with him two servants who are labouring men, and
necessarys and implements for cultivating a new settlement, he
may be allowed a proportionable quantity of land, near that town ;
in which you will please to gratify him, as far as shall appear to
you to be just and reasonable. I am, Sir, Your most obedient
humble servt., Signed, Holles Newcastle. Copy. 1 p. [C.O. 5,
388. f. 106.]
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May 23.
St. James's.
|
179. H.M. Warrant appointing Daniel Horsemanden to the
Council of New York in the room of William Provost, "who has
removed his habitation into Our Province of New Jersey, where
his estate is situated." Countersigned, Holles Newcastle. Copy.
[C.O. 324, 36. p. 415.]
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May 23.
St. James's.
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180. H.M. warrant appointing William Provoost to the
Council of New Jersey in the room of John Hugg decd. Countersigned,
Holles Newcastle. Copy. [C.O. 324, 36. p. 416.]
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May 24.
St. James's.
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181. H.M. Warrant appointing Henry Lane to the Council
of New York in the room of Robert Walters decd. Countersigned,
Holles Newcastle. Copy. [C.O. 324, 36. p. 415.]
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May 24.
Whitehall.
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182. Mr. Popple to Governor Philipps. Encloses a copy of
the petition of Mrs. la Tour relating to her claims in Nova Scotia.
And as you will find she complains of your behaviour with regard
to her, I am commanded to desire you will send to my Lords
Commissioners a full state of this matter as soon as possible.
[C.O. 218, 2. p. 270.]
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[May 25].
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183. Petition of Inhabitants of Londonderry to the Council
of Trade and Plantations. Pray for Orders from the Crown for
determining the boundary between New Hampshire and the
Massachusetts Bay, (v. 16th April), which they apprehend to
begin 3 miles N. of the mouth of Merrimach River and thence
to run westwards. But they are harassed by the people of the
Massachusets by contentious lawsuits commenced against some
for entering upon and improving lands granted to them many
miles N. of their line etc. Some have been arrested more than
10 miles N. of that line, and dragged out of their dwelling by the
hair of their head, imprisoned, tried and condemned in great costs
in the Courts of the Massachusets and ejected from their houses
and improvements. Lately "an house erected for ye publick
worship and defence pull'd down and burnt and those lands
granted by ye Massats. to others of H.M. subjects there, since the
grants of this Government," etc. 105 signatures. Endorsed,
Read 25th May, 1733. (Paris.) v. (16-17 April.) 2 pp. [C.O.
5, 875. ff. 86-87 v.]
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[May 25].
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184. Petition of Freeholders of Newcastle and Rye to the
Council of Trade and Plantations. In same terms as preceding.
Passed unanimously at a public meeting at Newcastle, Aug. 28,
1732. Copy. Signed, Joseph Simpson. Endorsed as preceding.
1 pp. [C.O. 5, 875. ff. 88, 88 v., 93 v.]
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[May 25].
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185. Similar Petition from Inhabitants of Exeter to the
Council of Trade and Plantations. 58 signatures. Same endorsement.
2 pp. [C.O. 5, 875. ff. 89, 89 v., 92 v.]
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[May 25].
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186. Similar petition from Inhabitants of Kingston to the
Council of Trade and Plantations. 104 signatures. Same endorsement.
3 pp. [C.O. 5, 875. ff. 90-91 v.]
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[May 25].
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187. Similar petition from Inhabitants of Portsmouth to the
Council of Trade and Plantations. 15 signatures. Same endorsement.
1 pp. [C.O. 5, 875. ff. 94, 94 v., 101 v.]
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[May 25].
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188. Similar petition from Inhabitants of Dover to the
Council of Trade and Plantations. 31 signatures. Same endorsement.
2 pp. [C.O. 5, 875. ff. 95, 95 v., 100 v.]
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[May 25].
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189. Similar petition from Inhabitants of Hampton to the
Council of Trade and Plantations. 88 signatures. Same endorsement.
2 pp. [C.O. 5, 875. ff. 96, 96 v., 99 v.]
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[May 25].
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190. Similar petition from Inhabitants of Newington to the
Council of Trade and Plantations. 10 signatures. Same endorsement.
1 pp. [C.O. 5, 875. ff. 97, 97 v., 98 v.]
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May 30.
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191. Mr. Popple to William Janssen, Secretary to Lord
Baltimore. The Board return thanks to the Lord Proprietor for
the short account of Maryland sent 1st March. Concludes : As
anything new shall happen my Lords Commissioners will take
it as a favour, if [h]is Lordship will give them an accot. thereof.
[C.O. 5, 1294. ff. 64, 65.]
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May 31.
Whitehall.
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192. Mr. Popple to Francis Wilks, Agent for the Massachusetts
Bay. Encloses, as requested, copy of petition of John Rindge,
Agent for the Assembly of New Hampshire, relating to the
boundary etc. ; also of eight petitions from N. Hampshire on the
same subject, "all which you will transmit to N. England, by ye
first oppertunity etc. Their Lordships expect to receive from you,
in ye beginning of Novr. next, what you may then have to offer,
upon ye strict point of ye boundaries only, since ye gentmen. who
have appeared here, in behalf of N. Hampshire, have waved ye
sevll. matters of complaint relating to any injuries sustained for
want of ye sd. boundaries being settled. [C.O. 5, 917. p. 81.]
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May 31.
Barbados.
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193. Governor Lord Howe to the Council of Trade and
Plantations. Encloses three acts to which he has given his
assent and one passed before he came by Mr. Dottin. Continues :
In the Act for the settlement upon me yr. Lordsps. will observe
that though the sallary etc. is to be rais'd by annual laws yet it is
settled for the whole time of my Government and as there is an
absolute necessity that money must be rais'd every year for the
service of the island and mine being the first preferable use, I
believe yr. Lordsps. will be of opinion that the Additional Instruction
H.M. was pleas'd to give me has been fully comply'd with.
The Act for the better governing of negroes etc. will be of great
service to this island the former laws recited in this act not having
been found sufficient to prevent the abuses and frauds committed
by negroes and other slaves. I wou'd not give my assent to the
act to regulate and ascertain the election, manner of accounting,
powers and proceedings of Church Wardens as it repeals one
whole act and clauses in two others till a proviso was made that
this act shall not be of force or take effect till H.M. pleasure shall
be known concerning it which yr. Lordsps. will find at the end of
it. On Tuesday last came to an anchor here about noon two large
East India ships in the greatest distress ; the cargo of one was
valued by the Capt. at 300,000 and it was thought was in danger
of sinking even in the Bay, but as H.M. Instruction to me in
relation to ships coming from the East Indies is very full and
positive and as I knew Mr. Worsley had been formerly censur'd
for not obeying this Instruction when two men of war came here
from the East Indies, I imediately order'd them to weigh anchor
for they shou'd have no relief from this island and sent Custom
house Officers to stay on board 'em till they were under sail which
with much difficulty I forc'd em too by break of day the next
morning, the fort having been oblig'd to fire several shot at them
before they wou'd obey. I hope yr. Lordsps. will think that I
follow'd my orders to the utmost of my power as I ever shall
whenever I have the honr. to receive any from his Majesty, but I
can't help thinking cou'd that Instruction be alter'd it woud not
only be of service to the East India Company but even to the
Nation in general for if these ships do not get into some of the
islands to refitt it will be impossible for 'em by all accounts to
reach England ; however till I shall have receiv'd an answer from
yr. Lordsps. I shall take all the care I can to put the orders I now
have in execution upon all occasions. Signed, Howe. Endorsed,
Recd., Read 18th July, 1733. 3 pp. [C.O. 28, 23. ff. 101-102
v., 103 v.]
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May 31.
Barbados.
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194. Same to the Duke of Newcastle. Duplicate of preceding,
mutatis mutandis. Signed, Howe. Endorsed, R. 7th Augt.
3 pp. [C.O. 28, 45. ff. 236-237 v.]
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May 31.
York Buildings.
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195. Mr. Whitaker to the Council of Trade and Plantations.
In obedience to their Lordships' commands, submits following etc.
Signed, Benja. Whitaker. Endorsed, Recd. 1st, Read 5th June,
1733. 1 pp. Enclosed,
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195. i. A view of the patents granted by the late Lords Proprietors
of So. Carolina. Describes their different forms of
patents for lands. Endorsed as preceding. 8 large pp.
[C.O. 5, 362. ff. 161-162, 163, 164, 165, 166, 167, 168,
169, 170 v.]
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May 31.
Whitehall.
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196. Council of Trade and Plantations to the Committee of
the Privy Council. Enclose following. Annexed,
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196. i. Draught of H.M. Additional Instruction to Governor
Cosby to annex the Equivalent land to a county or
counties of New York etc. [C.O. 5, 1125. pp. 299,
300.]
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