|
Oct. 16.
Whitehall. |
152. Council of Trade and Plantations to Mr. Secretary
Addison. Report upon petition of Edward Pennant and Anthony
Swymmer (v. Sept. 19th). We conceive the grant of the escheated
estate of Anna Kupius to petitioners is, and ought to stand good
etc. Set out, A.P.C. II. pp. 732–734 q.v. [C.O. 138, 15. pp.
467–474.] |
| [Oct. 16.] |
153. W. Byrd to the Council of Trade and Plantations.
Argues in support of the Council of Virginia as to the joining
other persons with them in Commissions of Oyer and Terminer,
etc. (v. May 4th.) Signed, W. Byrd. Endorsed, Recd. 10th Oct.,
Read 13th Nov., 1717. 3¼ pp. [C.O. 5, 1318. No. 30.] |
| [Oct. 16.] |
154. H.M. Warrant granting to Horatio Walpole the reversion
of place of Surveyor and Auditor General of H.M. Revenues in
America, etc. Copy. (cf. C.S.P. 1715. No. 640). [C.O. 324, 49.
ff. 7–13.] |
Oct. 16.
Whitehall. |
155. Mr. Popple to Sir Edward Northey. Encloses, for his
opinion in point of law, Acts of Antigua. (i.) to prevent the
increase of Papists and Nonjurors, 1716. (ii.) for erecting a
Church in St. John's, 1716, and (iii.) to quiet present possessors
of lands, to limit actions and avoid suits in Law, 1717. [C.O. 153,
13. pp. 120, 121.] |
Oct. 16.
Whitehall. |
156. Council of Trade and Plantations to the Lords Commissrs.
of the Treasury. Having received several proposals for purchasing the lands in the late French part of St. Christophers,
pursuant to the advertisement published by your order in the
Gazette of the 3rd of August past, we herewith transmit the same
to your Lordps. with our observations thereon, as desired by
Mr. Lowndes, 17th July. Your Lordps. will find that the
prices and conditions offered by the several proposers are very
different, and that the highest bidders do not exceed the sum of
£6 pr. acre; excepting only Col. Codrington, who has offered £8
pr. acre for some particular plantations. But as we are wholly
ignorant of the number of acres contained in the lands now to be
disposed of for the benefit of the publick, as not having any
survey of the same, and as little apprized of the real value thereof,
by reason that most of the informations we have been able to
acquire relating thereto, have been chiefly from the present
possessors, their agents or other persons interested therein; we can
by no means take upon us to determine what may be thought a
valuable consideration for the same, or any part thereof. But as
we presume your Lordps. design upon the sale of these lands, to
dispose of them in such manner as will effectually conduce to the
benefit and advantage of the publick, which in our opinion cannot
be done but under certain conditions and restrictions, necessary
to obtain that end, we beg leave to observe to your Lordships,
that almost all the lands now to be sold, are already possessed by
several planters, by virtue of intermediate grants from the
different Governors of the Leeward Islands, for a limited time,
and subject to the King's further pleasure, pursuant to an Order
from the Treasury, Sept. 25, 1702, whence it happens that most
of the proposals enclosed are in behalf of the said planters;
wherein they have fixed the quantity of acres contained in their
respective plantations at pleasure, and offered such prices and
terms, as were suitable to their several inclinations. There may
perhaps be some objection to the disposing of all the land now to
be sold to one purchaser only; But if this could be done so as to
produce a sum equal to your Lorps.' expectations and under such
conditions as are here enclosed, in all probability much trouble
might be saved thereby, the King's most gracious intention would
soonest have its effect, and the publick be in a shorter time possessed of the money arising from the sale. Amongst the several
proposers, there are only three persons, that have offered to
purchase the whole, vizt. Mr. Banks, Sir Thomas Johnston, and
Mr. Mills. The first of these has offered £6 pr. acre, subject to
certain conditions, which are in part what we shall likewise
propose for the better settling of the Island. The second has
offered £61,000 in gross, provided the lands hold out to the same
number of acres mentioned in a former report of this Board,
laid before the House of Commons, which at the best would prove
a very uncertain bargain. Besides that he tyes himself down to
no conditions or restrictions. But the person who seems to have
put his proposal upon the fairest and most equal foot, with
respect to the interest of the Crown and of the Planters, is Mr.
Mills; and tho' we shall not pretend to decide whether the price
by him offered be equal to the value of the lands (for the reasons
already mentioned) yet we cannot help being of opinion, that
most of the conditions proposed by the said Mr. Mills are
apparently beneficial, and in a great measure absolutely necessary
for the effectual setling of the said Island; whereby our sugar
trade might be increased, and a considerable income arise to
H.M. in his Customs; provided due protection and encouragement
be given to this new and valuable Plantation; which would seem
the more necessary at this juncture, because both the French and
Dutch in America do already sell their sugars cheaper than we
can afford to do; and have of late imported great quantities even
into Barbadoes. How far therefore it might be advisable to
exact from the present possessors a price equal to what any
stranger might offer for the lands with the improvements upon
them may deserve your Lordps.' serious consideration, but it
appears to us by a Memorial sent you herewith, signed by Micajah
Perry and other merchants in behalf of the planters on the French
land in St. Christophers, that it is highly just and reasonable the
present possessors should have the preference in the purchase
of the lands now held by them, provided they will give a valuable
consideration for the same. All therefore we shall trouble your
Lordps. with at present shall be only to offer such further
conditions and restrictions in addition to those contained in our
letter of 7th Aug. last, as may in our opinion render this sale most
advantagious in it's consequences to the publick and best conduce
to the good settlement of the Island. It may likewise be necessary in case your Lordps. should approve of these conditions
that such Instructions as you shall think convenient for the
occasion should be given to the persons to be appointed Surveyors
and appraisers in behalf of his Majesty, and more particularly
that they should have copies of the several proposals that have
been made, and be informed what mony has been already offered
for the lands now to be disposed of for their better Government
in the execution of their several Commissions. P.S.—Refer to
further Memorials by Mr. Bankes and by Mr. Perry, on the death
of Mr. Mills. Annexed, |
|
156. i. Conditions and Restrictions for sale of French lands in
St. Christophers. A sworn Surveyor to be appointed.
The lands to be divided into parishes, and the inhabitants
represented in the Assembly in like manner and proportion with those of the English part of the Island. They
shall likewise be subject to the same laws, duty's and
imposts and enjoy the same priviledges in every respect,
with the rest of H.M. subjects there. Out of the lands
in the French part of St. Xtophers, there shall be
reserved a certain quantity, not exceeding 3000 acres,
lying most contiguous to the sea coasts, which shall be
given gratis, in small plantations, from 8 to 10 acres, to
poor families for their incouragement to inhabit and
defend the Island; which lands shall be held in capite,
and be made inalienable in such manner as shall be
advised by H.M. Council learned in the law. The
Salt ponds shall likewise be reserved for the common use
of all the inhabitants, together with such parcells of
ground, as may be necessary and convenient for the
building of churches and forts. All French protestants
and others possessed of lands by virtue of absolute and
legal grants from the Crown, may quietly hold and possess
the same according to the tenure of their respective
grants. After which reservations, the remainder of the
lands in the late French part shall be sold upon the
following conditions. (i.) Upon all the lands now to be
disposed of, besides the purchase money, there shall be
reserved to H.M. an annual Quit Rent of 6d. sterling
upon every English acre towards the support of the Government there. (ii.) After an exact survey taken, the
lands shall be divided by the Surveyor into several lots;
none of which shall exceed 200 acres, and a just value
put upon every lot by 4 persons appointed for that
purpose, and sworn to act impartially; that is to say,
two by H.M. and two by the present possessors, who shall
fix the price between the King and the purchasers: But
in case any difference should arise upon the valuation,
the Surveyor, as umpire shall finally determine the same.
(iii.) The lands being thus appraised the present
possessor shall have the preference in the purchase and
refusal of the same, but he shall be obliged within 20
days after the valuation, to declare whether he will buy
the land at the price set on it by the appraiser.
(iv.) In case the present possessor shall refuse to give
the sum agreed on by the appraisers, then the lot so
refused, shall be sold, by publick auction to the fairest
bidder, in which case the purchaser shall be obliged to
allow the present possessor a consideration for his
improvements in building only, and a reasonable time
for carrying his goods and moveable stock of the lands;
which consideration and time shall be fixed in the same
manner, and by the same persons as the value of the
land was: But the person removing shall be answerable
to the purchaser for any willfull wast by him committed
upon the premises, after the value fixed upon the lot
as aforesaid. (v.) But where it shall happen that the
lot to be sold, is not already in the possession of any
planters by virtue of intermediate grants from the
Crown, or from any Governor of the Leeward Islands,
such lot shall be publickly exposed to sale to the fairest
bidder. The same method shall likewise be observed
for the disposal of such lands not already legally
possessed, as may be proper for the breeding of stock,
tho' not fit to be planted with sugar canes. (vi.) Provided nevertheless that no person shall be capable of
purchasing or enjoying, either in his own name or by
trustees, above 200 acres of the lands now to be disposed
of. (vii.) And in case the person intending to purchase
shall be already possessed of a plantation in the English
part of the Island, he shall be capable of purchasing no
more of the french lands than will be sufficient to make
up the plantations already possessed by him 200 acres.
(viii.) No Roman Catholick or Nonjuror shall be
admitted to purchase any part of these lands, either
in his own name or by trustees. (ix.) Every person
admitted to purchase shall pay the price agreed on to
such officer as shall be appointed by H.M. to receive
the same, in manner foll.; that is to say, one fourth
part thereof immediately upon being put into possession,
and the remainder in three equal payments to be made
half yearly, so that the whole purchase money may be
paid in within the compass of two years from the date
of every sale respectively. (x.) Every purchaser shall
be obliged to keep and maintain within 18 months after
he shall have been put into possession of his lot, one
white man or two white women servants, for every 60
acres of land, and two white men or four white women
servants for the same lands within 18 months more.
(xi.) Proper orders shall be sent to the Governor of the
Leeward Islands to pass good and effectual grants under
the Great Seal of those Islands to the respective
purchasers and to their heires for ever, of the several
lots to be sold to them upon the preceding conditions,
which patents shall resolve and determine all former and
other grants, which grants so to be made, shall at any
time, when desired be confirmed to the several purchasers
by Letters Patents under the great Seal of Great
Britain. (xii.) If any person should offer such a price for
all the lands now to be disposed of, as should be thought
reasonable, such person may be admitted to purchase
the same, provided he will give sufficient security to
retale the said lands again to the present possessors,
and to such other persons as shall be willing to buy the
same in the manner, and subject to the several directions
prescribed by the foregoing conditions. (xiii.) Such
general purchaser for his incouragement to undertake
this settlement shall be allowed so much profit upon
every acre by the respective persons to whom he shall
relate the same, as shall be thought reasonable;
provided the total produce of all the lands by him
purchased, when retaled, shall not exceed the total of the
original purchase money by him paid, or to be paid to
H.M. for the same. [C.O. 153, 13. pp. 121–134.] |
Oct. 16.
Whitehall. |
157. Council of Trade and Plantations to the Lords
Commissioners of the Treasury. Refer to Governor Hamilton's
letter, 15th July, and the request of the inhabitants of Anguilla
for leave to remove to Sta. Cruix. Continue:—As we have lately
proposed to your Lordps. amongst the conditions by us offered
for the better settlemt. of the french lands in the Island of St.
Christophers that about 3000 acres should be reserved to be
distributed gratis in small plantations from 8 to 10 acres each
for the encouragement of poor families to settle there for the
defence of the Island, we humbly conceive it would be highly
necessary for H.M. service upon that occasion, that the Governor
of the Leeward Islands should have orders without loss of time to
assure, not only the inhabitants of Anguilla, but also the other
poor planters in like circumstances there in H.M. name, that they
shall be allowed to settle in St. Xtophers upon the terms mentioned
in preceding. [C.O. 153, 13. pp. 134, 135.] |
Oct. 16.
Whitehall. |
158. Council of Trade and Plantations to the King. Having
had under our consideration some Acts that passed in your
Majesty's Islands of St. Christophers and Antegoa, and having
received the opinion of your Majesty's Attorney and Solicitor
Genl. concerning them, we take leave to represent that (i.) The
Act passed in Antegoa, 1715, for constituting a Court of Chancery,
provides that the Court of Chancery shall for the future be held
before the Governor and Council, and not before the Governor as
it was held before the passing this Act; this is agreeable to a law
and the practice in your Majesty's Island of Barbadoes, and we
have no objection why your Majesty may not be graciously
pleased to confirm this Act in favour of your subjects of Antegoa.
(ii.) An Act passed in Antegoa, 1716, for establishing a Court of
King's Bench, Common Pleas, and Errors for the better regulating
and settling due methods for the administration of Justice and
limiting a time for issuing executions out of the Court of Chancery
in this Island. Tho' there are several things contained in it
proper for regulating the proceedings in these Courts, yet in our
humble opinion it is not fit to receive your Majesty's approbation
for the following reasons given by your Majesty's Attorney
General. Quote his report Dec. 12, 1716. (iii.) An Act passed in St.
Xtophers, 1716, to prevent the danger that may happen by fire in any
of the towns, seems to be lyable to only one objection, which is
that it obliges the owners of thatched houses to pull them down
or to board all such houses and shingle them within six months
after the date of this Act, without allowing the said owners any
consideration for so doing; But as this part of the Act must
already have had its effect, and that no complaints that we know
of, have been made against it, we are humbly of opinion that
your Majesty may confirm this Act. (iv.) The Act of St.
Christophers, 1717, to impower the surveyor of the highways etc.,
may deserve to be confirmed since it is calculated for the benefit
of the publick and makes due provision for the person whose
properties might be affected by it. [C.O. 153, 13. pp. 136–140.] |
Oct. 17.
Whitehall. |
159. Council of Trade and Plantations to Mr. Secretary
Addison. Reply to Sept. 3rd. Report upon Mr. Gordon's attempt
to erect an ecclesiastical Court in Barbados etc. Quote correspondence from Governor Lowther, Committee of Correspondence,
Barbados, and Bishop of London. Continue:— The letters from
the Committee of Correspondence and the Governor seem to
insinuate that the authority now attempted to be exercised by
Mr. Gordon, is entirely new in that country, and altho' it may be
true that the late Bishop of London had Commissaries in the said
Island, yet the powers given them were more restrain'd than those
to Mr. Gordon. Wherefore we thought it our duty to examine
upon what foot the Bishop's authority is establish'd in the Plantations; But by the best enquiry we have been able to make, we
can find no other foundation for the same, but an Article in the
General Instructions to all H.M. Governors in America; nor
cou'd the Bishop inform us of any other, tho' in all probability
the plantations may have been formerly recommended to the
inspection of the Bishops of London by some Order in Council,
from whence this Instruction might take its rise. The first
Instruction runs thus, "And to the end the Ecclesiastical
Jurisdiction of the said Bishop of London may take place in the
said Island, so far as conveniently may be, we do think fit that you
give all countenance and encouragement to the exercise of the
same, excepting only the collating to benefices, granting licences
for marriages and probate of wills, which we have reserv'd to
you our Governor, and to the Commander in Chief of our said
Island for the time being." It is certain, my Lord Bishop has
carefully observ'd the latter part of this Instruction, by excepting
out of Mr. Gordon's Commission collating to benefices, probate
of wills, letters of administration and licences for marriages; But
it is to be fear'd his Lordship's Commissary has had little regard
to the first part thereof, whereby prudence and moderation seem
to be recommended in the exercise of this authority, by the words,
so far as conveniently may be; However it is possible Mr. Gordon
might be ignorant of the tenor of this Article, for my Lord
Bishop inform'd us, he gave him no other Instructions but those
contain'd in the words of his Commission; And as his Lordp.
assur'd us, that he had no precedents by him of the form, in
which his predecessor us'd to grant Commissions of this nature,
we are inclin'd to believe they may have been different from this,
because there are some clauses in Mr. Gordon's deputation,
contrary to the laws of Jamaica; And yet my Lord Bishop told
us, his Commissary there, had the very same powers, which we
are persuaded his Lordp. wou'd never have granted, had he been
inform'd, there were such laws in force in that Island. The
words in Mr. Gordon's commission are "Et quoscunque
criminosos sive delinquentes per censuras ecclesiasticas et alia
legitima juris ecclesiastici remedia debite corrigend' reformand'
et puniend' tibi cujus scientiæ, circumspectioni et industriæ
plurimum confidimus, vices nostras tenore presentium, authoritate qua fungimur, cum cujuslibet coercionis ecclesiasticæ et
congruæ potestate committimus." The Clergy indeed, in a
following clause are reserv'd to the Bishop's own censure, but the
Laity are here absolutely deliver'd up to the discretion of the
Commissary, contrary to the intent of the Jamaica law "For the
maintaining of Ministers and the poor, and repairing of Churches,"
which was confirm'd by the Crown, and is now in force, wherein
the following provision is made, vizt. "Provided always, and it is
the true intent and meaning of this Act, that no ecclesiastical law
or jurisdiction shall have power to inforce, confirm or establish
any penal mulcts or punishment in any case whatsoever,
anything in this Act or any other to the contrary notwithstanding."
Whether this Law in Jamaica, might have taken it's rise from
some dispute of the like nature with this, we cannot say, but
whatsoever powers former Commissarys in Barbado's may have
had, it is highly probable that none of them thro' indiscretion or
vehemence of temper have given the like cause of complaint to
the inhabitants, who in such case would naturally have copy'd
after the Jamaica law in this particular, in their own defence.
As to Mr. Acourt and Dominick Langton, the two clergymen
recommended by his Lordp. to be collated to benefices in Barbado's,
it must be allow'd that the former of these was a lunatick, nor is
it deny'd that Dominick Langton is the very same person that
was censur'd by the House of Commons in Ireland. But his
Lordship in his answer to the Governor's letter says "he only
recommended Mr. Acourt conditionally, that is to say, in case he
shou'd have recover'd his senses, and that he did not imagine that
vote in Ireland was intended to exclude Dominick Langton from
preferment in any other Church." Besides my Lord Bishop
understood by one Major Mason at the Tower, that the Governor
had promis'd to provide for him, which upon examination we
find to be true, tho' at the same time Mr. Mason declar'd, that
both he and the Govr. were entirely ignorant of Dominick
Langton's character and of the censure pass'd upon him in
Ireland, when that promise was made. But as to Mr. Gordon,
if he do's really deserve the character given him by the Govr. in
his letter to the Bishop, it must be confess'd he cannot be a very
proper person to be trusted with any authority, much less with
one of so delicate a nature as that of Commissary. Quote
Governor Lowther's description of him (May 17). Continues:—Considering therefore, that the Lord Bishop of London's
Ecclesiastical Jurisdiction in America, depends entirely on H.M.
pleasure, that his Lordship's present Commissary is reported to
be a very indiscreet person, and that H.M. good subjects in the
said Island are extremely uneasy under his authority, we wou'd
humbly submit it to H.M. great wisdom, whether it may not be
proper my Lord Bishop shou'd be directed to supersede the said
Gordon, and for the present to employ his care and inspection
more immediately upon the Clergy there; since the lives and
conversation of the Laity will in all human probability much
sooner be reform'd by the pious examples of their spiritual
Pastors, than by any ecclesiastical censure or coercion from the
secular arm. Autograph Signatures. 8¾ pp. Enclosed, |
|
159. i. Council of Trade and Plantations to the King.
Duplicate of preceding. |
|
159. ii. Copy of letter from Bishop of London to Governor
Lowther, 26th April, 1717. |
|
159. iii. Copy of petition of Agents of Barbados to the King. |
|
159. iv. Copy of letter from Committee of Correspondence to
the Agents of Barbados, 17th May, 1717. |
|
159. v. Copy of Bishop of London's Commission to Mr. Gordon
as Commissary of Barbados. |
|
159. vi. Copy of letter from Governor Lowther to Bishop of
London, 26th April, 1717. [C.O. 28, 39. Nos. 3; and
(duplicate) 3 i.; and ii.–vi.; and (without enclosures)
29, 13. pp. 413–422.] |
Oct. 17.
Hampton Court. |
160. Order of King in Council. Confirming Acts of Barbados
to dock the entail of certain lands (v. Sept. 4 etc.); and for laying a
duty on sugars etc. imported (v. Oct. 14 etc.). Signed, Edward
Southwell. Endorsed, Recd. 30th, Read 31st Jan., 1717/18. 1¾ pp.
[C.O. 28, 15. No. 31; and 29, 13. pp. 452–454.] |
Oct. 17.
Whitehall. |
161. Council of Trade and Plantations to the King. We
have no objection why your Majesty may not confirm the Act
of New York to enable Wm. Anderson, etc. (v. 4th Sept.) [C.O. 5,
1079. No. 95; and 5, 1123. p. 456.] |
Oct. 18.
Whitehall. |
162. Mr. Popple to Mr. Carkesse. Encloses Act of Antegoa,
1716, to prohibit the importation of French or other foreign sugar,
rum, cotton or molosses. Continues:—There being some matters
in it which relate to the officers of the Customs there, the Council
of Trade and Plantations desire the opinion of the Commissioners
of H.M. Customs upon the said Act as soon as conveniently may
be. [C.O. 153, 13. p. 143.] |
Oct. 18.
Whitehall. |
163. Mr. Secretary Addison to the Council of Trade and
Plantations. Encloses following for their report. Signed, J.
Addison. Endorsed, Recd. 18th, Read 23rd Oct., 1717. 1 p.
Enclosed, |
|
163. i. Sir N. Lawes to the King. Prays H.M. to grant a
dormant Commission for a Lieut. Governor of Jamaica.
1 p. |
|
163. ii. Memorandum of such dormant Commissions formerly
granted. 1 p. [C.O. 137, 12. Nos. 91, 91 i., ii.; and
138, 15. pp. 485–488.] |
Oct. 20.
Newcastle at sea. |
164. Capt. Passenger to Mr. Popple. Refers to letter of
Oct. 1st. The wind hapened to prove fair just in an evening, so
that wee had not above one hour of day to get out etc. Not one
of the seven New England men (names given) sailed with me as
commanded etc. They had no manner of bussiness to stay, but
to carry off men, etc. There are several New England men
setled there and connive and bargain with those fellows etc.,
and have sent them off headed up in hogsheads as I was informed;
and when I called the person to account for it, it could not be
made appear upon oath so I could not punish him, the thing
being done the last year and the materiall evidence out of the
harbour. One Arnold Southmead a New England surly fellow
that keeps a store here, and sells stinking New England rumm,
encouraged them not to sail with me, etc. So the merchants as
they call them of New England make their voyages of our poor
slaves (if I may call them so) after they have work'd night and
day all the fishing season, and spent what they have gott in their
stinking rumm brought from New England only (all other rum is
good) etc. as 1st Oct. Continues:—Sr. after I came to be truly
informed of this insufferable proceedings, wch. I was ashamed and
confounded to hear related, I exerted myself to prevent it, for
I saw the good of the country depended intirely on that point,
and am very sorry I had not a suficient power to have sent every
man concern'd home etc. I hope their Lordpps. will find some
method to punish them: otherwise whatever any Commander of
H.M. ships shall order, will be inefectuall for the future etc. If
there is not some measures found out to intirely prevent those
abuses, and to settle a Goverment, the fishing and trade to
Newfoundland must inevitably dwindle away to nothing, is the
opinion of every good man that either lives or trades to that
place etc. Signed, W. Passenger. Endorsed, Recd. 22nd Nov..
1717, Read 28th Feb.. 1717/18. 3 pp. Enclosed, |
|
164. i. Copy of Capt. Passenger's Order to the Masters of the
New England vessels to be ready to sail with him by
30th Sept., and not to stay after H.M. ships under any
pretence. H.M.S. Newcastle, St. Johns, 23rd Sept., 1717.
Signed, W. Passenger. 1 p. |
|
164. ii. Duplicate of No. 115. [C.O. 194, 6. Nos. 39, 39 i., ii.;
and (without enclosures) 195, 6. pp. 370–375.] |
