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June 2.
St. James's. |
197. Order of King in Council. Confirming Act of S. Carolina for vesting the fee simple of the Governor's house in Robert Johnson. Signed, Temple Stanyan. Endorsed, Recd. 9th June, Read 22nd July, 1724. 1 p. [C.O. 5, 359. ff. 31, 31?, 32?.] |
June 2.
St. James's. |
198. Order of King in Council. Remitting additional tax assessed on the towns of Dartmouth and Tiverton, Mass., and ordering release of Quakers imprisoned on that account. Set out, A.P.C. III. No. 51. Signed, Temple Stanyan. Endorsed, Recd. 9th June, Read 22nd July, 1724. 2 1/3 rd pp. [C.O. 5, 869. ff. 19–20?.] |
June 2.
St. James's. |
199. Order of King in Council. Referring representation upon Governor Hart's Instruction as to his salary to a Committee of the Council. Signed, Temple Stanyan. Endorsed, Recd. 9th June, Read 22nd July, 1724. 1 p. [C.O. 152, 14. ff. 260, 261?.] |
June 4.
Whitehall. |
200. Council of Trade and Plantations to the King. In obedience to Order of 30th April, enclose following. Annexed,
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200. i. Draft of Additional Instruction to H.M. Governors in America. Whereas Instructions have been given to the several Governors of our Islands and Colonies in America, not to pass any bill or bills in the respective Assemblies there, of unusual and extraordinary nature and importance, wherein Our Prerogative or the property of Our subjects might be prejudic'd, or the trade or shipping of this Kingdom any ways affected until the draught of such bill or bills had been transmitted unto Us, and Our approbation receiv'd thereupon, unless there was a clause inserted therein, suspending the execution thereof until our Royal pleasure should be known; notwithstanding which several Acts have been pass'd in the Plantations for laying duties on the importation of European goods there, without any such approbation or suspending clauses; it is therefore Our will and pleasure, that for the future you do not pass or give your consent on any pretence whatsoever, to any act or acts laying a duty on European goods imported in English vessels, upon the importation thereof into Our Colony under your Government, on pain of Our highest displeasure. (?. 31st Aug.) [C.O. 324, 11. pp. 17, 18.] |
June 4.
Whitehall. |
201. Council of Trade and Plantations to the King. Representation upon Act of Barbados to raise a levy etc. We have had the opinion of Mr. West, one of your Majesty's Council at Law, thereupon. We have been attended upon this occasion by several merchants trading to Barbados, and likewise by some of the most considerable Proprietors of lands in that Island, who desired this Act might be repealed. The Agents of the Island were likewise heard in support of this Act: But having duly weighed what was urged on both sides, and well considered the great inconveniences and confusion that has lately happen'd to some other of your, Majesty's Colonies in America, from erecting a compulsive paper credit by law; we are of opinion, that this Act would prove detrimental to the trade of G. Britain, and prejudicial to the Island of Barbados; for which reasons, we humbly propose that your Majesty should be pleased to signify your disallowance of the same. [C.O. 29, 14. pp. 399, 400.] |
June 4.
Whitehall. |
202. Council of Trade and Plantations to the King. Recommend repeal of Act of Bermuda to supply the deficiency of several funds, etc., "having had the opinion of Mr. West thereupon and been attended by the Agent of the said Islands, and the several merchants trading thereto, etc., and finding there is a duty layd on the importation of European goods by this Act, and no clause inserted to suspend its taking place till your Majesty's pleasure should be known" etc. [C.O. 38, 8. pp. 23, 24.] |
June 5.
Portsmo in
N. England. |
203. Lt. Governor Wentworth to Charles Burniston, Surveyor General, (?. 4th Aug.) Acknowledges letter of 2nd March. Hopes to see Mr. Armstrong return etc. Signed, Jno. Wentworth. Endorsed, Communicated by Mrs. Burniston. Recd. Read 30th July, 1724. Addressed. Postmark. 1 p. [C.O. 5, 869. ff. 49, 50?., 51?.] |
June 5.
Whitehall. |
204. Council of Trade and Plantations to the Duke of Newcastle. Enclose following extract, relating to the building in the Massachusetts Government of a ship for foreign service, of uncommon size and strength for that country, "that in case any inconveniences should be apprehended from this novelty, timely directions may be given for preventing them." Autograph signatures. 1 p. Enclosed,
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204. i. Extract from Lt. Govr. Wentworth, 6th April, referred to in preceding. 3/4 p. [C.O. 5, 931. Nos. 13, 13. i; and (without enclosure) 5, 915. p. 403.] |
June 5.
Whitehall. |
205. Duke of Newcastle to the Council of Trade and Plantations. Encloses following proposals, transmitted by the Ambassador at Paris, for their report, "whether it be legal and proper, and how far it may consist with H.M. service and the publick good." Signed, Holles Newcastle. Endorsed, Recd., Read 9th June, 1724. 1/2 p. Enclosed,
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205. i. Petition of Pierre Purry of Neuschâtel to the King. Formerly Director General of the Compagnie des Indes in France, petitioner proposes to make a settlement of about 600 of his Swiss countrymen in Carolina, who would form a Swiss Regiment of soldier-workers, all of the Reformed Religion, with himself as Colonel and Judge etc. Prays for H.M. grant of lands 16 leagues square and free transportation etc. French. 3 pp. [C.O. 5, 359. ff 17, 18–19, 20?.) |
June 6.
Willmsburgh
in Virga. |
206. Lt. Governor Drysdale to the Council of Trade and Plantations. Refers to letter of Feb. 14 q.?. Has now had the opportunity of a Councill etc. and was resolved to govern himself by the Lords Justices' order concerning the quitrents of the two new erected counties etc. Continues:—But thro' my predecessor's management (who made haste to bee beforehand with any instructions that should come in hither of that nature) the lands in those counties especially Spotsilvania, are parcelled out and patented in a manner so inconsistent and directly opposite to their Excellcies.' comands, that I am att a loss to reconcile them to the purport and design of their intentions: whereby I am put under a necessity of delaying the execution of their orders, and of addressing myself to your Ldspps. for the favour of your advice and directions in this intricate affair etc. The Lds. Justices on issuing their restrictions and limitations seem to beleive that all the lands in the two new counties were shut upp from all persons possession, untill such time as H.M. pleasure was known, upon what terms he should think fitt to grant the exemptions petitioned for by the Assembly: But a very great quantity of the most valuable lands in Spotsilvania was [?entered] with the Surveyors, even before the Act of Assembly erected itt into a county; and the very night that act was passed, petitions were delivered to the Governour in Councell, praying leave to take upp large tracts of land in that county, which was readily agreed to etc. Refers to encl. i. The next subsequent stepp to this, was, the Governour much about the time he was superseded, proceeded to give and sign patents to each patentee, for these large tracts of land they had entered for, but neglected calling upon those patentees, to produce rights for the importation of persons into, the Colony, or to shew certificates from the officers of H.M. revenue, of such patentees having paid into their hands for H.M. use five shill. sterl. for ev'ry fifety acres: one of which all persons are oblidged by law to perform, before they enter for any land in Virginia. This defect was supply'd, by oblidging ye patentees to give bonds; of wch. there are two sorts; the first binds down the patentee to pay when demanded five shill. sterl. for evry fifety acres to H.M. which is much the same with a prompt paymt. these bonds were directed in Councell, and there arises onely two of this kind. The second sort the Attorney Genl. drew by Coll. Spotswood's single autority, which are indeed next to noe bonds at all, for the patentee is indulged with a liberty of either holding or resigning his patent according to his pleasure, and tho' the consideration in these patents as in all others, expressly mention for five shill. sterl. for ev'ry 50 acres paid to H.M. use, yett these patentees refuses to pay the King's rights, or to hold the land, but offer a surrender. Refers to encl. ii, iii. Hence it is that the King's lands are occupied for some years past, and no rights or qt. rents paid, or can bee demanded. Hence it is that these lands, which by the Lds. Justices' comands, are limited to bee granted in noe greater quantities, than 1000 acres to any one person, are parcelled and patented out in tracts of 10, 20 and 40,000 acres apeice to a few, and little left to dispose off, besides the most remote, barren, and unprofitable: Hence it is that the intention of the Crown, to make that county of Spotsilvania, a well inhabited fronteer, is frustrated. And from hence it is, that the Government here is perplexed how to construe, or to comply with the Ldds' Justices' comands etc. Encloses list of patents so granted. Continues:—Among these distributions, Coll. Spotswood had great regard to his private interest, for I find tracts of land, one of 2
0, another of 4,000 [?acres] entered for, and patented under borrow'd n[ames?] for his use, and since convey'd to him: for which he has neither paid rights, nor given either sort of bond to pay if demanded or to surrender (?. encl. iv). Continues:—When the line was runn, to make Spotsilvania a county, some owners of land in the contiguous counties, artfully contrived to gett their estates which consisted of about 125000 acres of land, to bee included within the bounds of this new erected county, that they might bee exempted from paying qt. rents, tho' such land had been regularly tax'd from the first entry; whereby H.M. suffered considerably in his anuall revenue: but my instructions are most clear as to that point, and I have made a demand for all such arrears, and will oblidge the Proprietors of those lands to account for em: Coll. Spotswood possess'd 26,000 acres, in one or other of those counties, which are now all flung into Spotsilvania. Such being the circumstances of these two new erected counties, especially of Spotsilvania (Brunswick is so remote from any navigable river, that few or none have seated yett there) I humbly presume your Ldspps. will bee induced to beleive, there are many cases my present instructions cannot reach, which putts mee under a necessity (that I may bee the better enabled to act with justice to the King and subject) of tendring a few queries to your Ldspps. etc. (?. encl. vii). Signed, Hugh Drysdale. Endorsed, Recd. 4th, Read 13th, Aug., 1724. Holograph. Torn.4 pp. Enclosed,
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206. i. Extract from Minutes of Council of Virginia, 23rd Dec, 1720, showing that 91,000 acres were granted in 9 lots the same night as the Act for erecting Spot-silvania county was passed. Signed, Wil. Robertson, Cls. Conc. Endorsed as preceding. 1/2 p.
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206. ii, iii. Copies of two forms of a bond entered into by patentees of lands, 1722. 2 pp.
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206. iv. Copy of grant of 40,000 acres of land in Spotsilvania County to Messrs. Thomas Jones, John Clayton, and Richard Hickman, in trust for Col. Spotswood. 22nd June, 1722. Endorsed as covering letter. 1 p.
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206. v. List of patents for lands in Spotsilvania County, issued in 1722 and 1723. Total, 208,733 acres. Signed, R. Hickman Cl. Secry's. Office. Same endorsement. 1 1/4 pp. |
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206. vi. List of lands in Spotsilvania County belonging to Col. Spotswood. 7 tracts totalling 86,650 acres. Signed and endorsed as preceding. 11/4 pp.
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206. vii. Queries by Lt. Governor Drysdale to the Council of Trade and Plantations, for the explaining the Lords Justices Order of 6th Aug., 1723. Same endorsement. 2 3/4 pp. [C.O. 5, 1319. ff. 173–177, 178?., 179, 180, 181–182?., 183?–184?., 185?.–187?.] |
June 11.
Whitehall. |
207. Mr. Popple to Mr. Shelton. I am to desire you will inform the Lords Proprietors of Carolina of the subject matter of the petition of John Peter Purry, etc. (?. 5th June), and let me know their sentiments thereupon. [C.O. 5, 400. pp. 185–187.] |
June 13.
Barbados. |
208. Governor Worsley to the Duke of Newcastle. Finding by some publick prints that H.M. has been pleased to appoint your Grace one of H.M. Principal Secretarys of State, in the room of my Lord Carteret, I have now the honour of transmitting to your Grace an account of my proceedings etc.
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Being informed that the late President Mr. Cox had appointed Thomas Beckles Esq. to be Judge of the Bridge Court without the advice and consent of the Council etc., on 25th Feb. I proposed to the Council, for their advice and consent, the said Thomas Beckles and Joseph Pilgrim Esq., as proper persons for that employment, and the latter was approved of by a majority of the Council. He is a gentleman of a good estate here, of great probity, and learned in the law. And as Judge Beckles's Assistants were also appointed without the consent of the Council I proposed Robert Harper, Thomas Harrison, Phillip Davis and William Barwick Esqrs., to serve as Judge Pilgrim's Assistants, who were unanimously approved of by the Members of the Council etc. These Gentlemen give great satisfaction. The 17th of last March H.M. Attorney General informed me and the Council that an Act for the better settling intestates' estates and for enabling fathers to dispose of the custody of their children during their minority had formerly been sent home by one Capt. Young, who was lost, by which means the said Act never came regularly to England, therefore it was agreed in Council, that copys of the said Act should be sent home by the first opportunity. Encloses copy etc. There are also two other Acts that have past the Legislature here, the one, for inlarging the time appointed for the election of vestrymen, in that it was found, by experience, one day was not sufficient to take the votes of all the Freeholders. And other, an additional Act to an Act establishing the Courts of Common Pleas etc. The reason for passing this Act is, that no objection should be made to gentlemen qualifyed to serve as Judges in the precinct wherein they live, on account of any influence they might have on their Court in case of their being sued in their own precinct, as by the former law it is enacted every body should be. Encloses Minutes of Council 25th Feb.–14th May; of Court of Chancery, 22nd Jan.–15th April; and of Assembly, 25th Jan.–14th April, and Addresses of the Grand Jury. Continues: I send herewith the names of twelve Gentlemen, who I think best qualifyed to supply the vacancys that may happen in the Council. The 14th of last month James Elliot Esqr., one of the Members of H.M. Council here, died. And the 6th instant John Lucie Blackman Esqr. another Member of H.M. Council, embarked for Antegoa, whence he designs for Great Brittain, he having asked me a twelve month's leave in order to settle some private affairs etc. Signed, Henry Worsley. Endorsed, Rd. 15th Augt. 8 pp. Enclosed,
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208. i. Address of the Grand Jury of Barbados to the King. 9–12th June, 1724. Express loyalty and gratitude for prudent and impartial Governor etc. Signed, Willm. White, Richd. Dowell, Job. Hart, Henry Jones, Thom. Hayes, Nathaniel Gittens, Samson Wood, Grant Elcock, Elja. Goulding, Archd. Carmichaell, Tho. Wood, P. Henry Hayes, Danl. Wildey, John Denny, Jno. Howell, Jas. Bullen. 1 1/4 pp.
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208. ii. Address of the Grand Jury to Governor Worsley. Same date. By your discouragement of factions, you have purchased the love and esteem of every man who has the publick interest at heart etc. Approve of his enquiry into the fees in public offices etc. Signed as preceding. 2 pp.
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208. iii. Address of the Grand Jury to Joseph Pilgrim, C.J. Compliments on his promotion and impartial administration of Justice. Agree with his charge recommending friendship and unanimity etc. Signed as preceding. 1 3/4 pp.
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208. iv. Duplicate of preceding. |
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208. v. Duplicate of No. ii. |
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208. vi. List of 14 cases tried at the Grand Sessions, 9th-12th June, 1724. 1 p. [C.O. 28, 44. Nos, 68, 68 i–v, 81.) |
June 13.
Barbados. |
209. Governor Worsley to Council of Trade and Plantations. Acknowledges letter of 12th Dec., with letter from Mr. Crawford to Mr. De la faye etc. Whatever the French may say, 'tis very much for the advantage of Martinique that they should wink at the English's trading with them, especially from our Northern Collonys, whence, as I before advised your Lordships, they are supplyed with all manner of lumber and horses, and they take their returns in mollasses and suggar; and without the Northern Collonys they never would have been able to settle that Island, for my part I think it so prejudicial and dangerous to this in particular that I continue to discourage it as much as in me lays, and I have been so successfull in it already, that of the many sloops that used that trade, when I first came to this Government, I don't hear of above four or five that now do venture upon it. Continues as preceding letter from paragraph 2 to close. Concludes by returning thanks "for having so early laid before their Excellencies the Act for the support of the honour and dignity of this Government" etc. P.S.I have just now received the queries your Lordship sent me, wch. I will answer as soon as 'tis possible etc. Signed, Henry Worsley. Endorsed, Recd. 6th, Read 9th Aug., 1724. 9 pp. Enclosed,
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209. i. List of persons proper to supply vacancies in the Council. George Forster, William Terril, Henry Peers, Samuel Broom, Thomas Applewaite, Henry Evans, John Pickering, Edward Jordan, James Hannay, Ralph Weeks, John Holder of St. Phillips, Joseph Pilgrim. Same endorsement, 3/4 p.
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209. ii. Proceedings of Court of Chancery, Barbados, 22nd Jan., 1723–15th April, 1724. Same endorsement. Certified, Jon. Mein, Dep. Reg. 12 pp.
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209. iii–vi. Duplicates of Nos. 208, i.–iii., vi. [C.O. 28, 18. ff. 80–84, 85?., 86, 87?.–93?., 94?., 95, 96?.–97?., 98?.–99?., 100?.–101?.] |
