|
| Aug. 1. |
594. Mr. Nivine to the Council of Trade and Plantations.
Replies to some queries from your Secretary relating to an Act
of Antegoa for establishing a Court of King's Bench etc. (i) The
Freeholders have been exempted from arrests by four several
Acts for establishing Courts, 1698, 1703, 1716 and this. The
Act past in 1698 is the only Act for establishing Courts in that
Island that has been confirmed, so that when any of the subsequent Acts of Courts have been disallowed by the Crown that
Act has been revived and in force by vertue of such disallowance
etc. Signed, Will. Nivine. Endorsed, Recd. 1st, Read 9th Aug.
1721. 2 pp. [C.O. 152, 14. ff. 1, 1v., 2v.] |
Aug. 1.
New York. |
595. Governor Burnet to the Council of Trade and Plantations.
Abstract. Refers to enclosures. The Board's letter of 13th Nov.
1711, on amendments by a Council to money bills will serve as a
just censure on that part of the Assembly's conduct. He has
printed, at his own expense, the Act (encl. i) for the support of
Government, with the Council's amendments which the Assembly
[of New Jersey] not only rejected, but ordered the Council
not to amend the bill, which is a new way of treating the Council
and of a piece with their behaviour to him. Thinks this publication will have a good effect in a new election. Encloses Minutes
of Council. Proper measures taken on this occasion may be
of lasting use. As this province has always been full of restless
unreasonable men, who gave the Board much uneasiness in
Brigadier Hunter's time, hopes they will take effectual methods
to shew them that they are dependant on the Government at
home, and that he will be supported when they shew their
disregard to his Instructions, and he refuses a revenue at the
expense of breaking them. The Minutes of Council show that
the chief instrument of their ill-humour was a professed Jacobite,
George Willocks, to whom he tendered the oaths, and on his
refusing them took security for his good behaviour. He moved
the sessions from Bridlington to Perth Amboy on the advice
of the Council, so that he might try them a little longer and
being nearer to New York divide his time between the two
Assemblies. But this was of no effect, so he dissolved them.
"Of 24 Members I had 9 firm to my interest, and 13 determined
by mutual promise, to stand out against me, and two wavering,
so that with some management I do not despair of working a
change." Suggests easy remedies to discourage this turbulent
spirit and procure a good choice of a new Assembly. First,
the disallowance of the two acts prejudicial to the Secretary's
office. This they would take as a check to them for flying in
the face of the Government, and an instance of the care taken
at home of the officers, when they are doing all their endeavours
to starve them. They will never repeal these laws themselves,
for they would be glad to have no officers in the province nor a
Governor neither, unless he were of their own appointing, tho'
their own feuds made them weary of such a one formerly, and
would do so again. Secondly, a small alteration in the 16th
Instruction relating to the choice of an Assembly, which would
also be but an act of justice. Proposes that the new county of
Hunterdon, formed by Governor Hunter, which is now as large
and populous as any of the rest, but has no members to represent
it, the inhabitants continuing to vote in Bridlington county,
should have two members. Thus each of the (now) five counties
in West Jersey would choose two members, as the five in East
Jersey do. "As the town of Salem obtained members mainly
for no other reason than because there was one county less in
West than in New Jersey, so now that reason ceasing, it seems
unreasonable that they should any longer have so great a
priviledge above their neighbours, for this town of Salem is
a very poor fishing village of about twenty houses and not
above 7 or 8 voters" etc. Its members have been the ringleaders in the opposition to the Government, and are the more
insolent because they are sure of being re-elected etc., whilst
on the other side the county of Hunterdon would send very
loyal men etc. Till this or some other measure be taken, he
cannot expect a good election, which makes the support of
government stand entirely still in that province etc. An act
passed in Lord Lovelace's time, in pursuance of the instruction
now in force, may be urged against it. But this act is now
only to be found in print, the original not being on record in
Jersey or New York, and is supposed to be carried among Lord
Lovelace's papers. Nor was a duplicate ever sent home for
approbation. This is so well known to be the case of several
other acts that in Brigadier Hunter's time, a bill was brought
into the Assembly to enact all those printed acts, whose originals
were lost, but this bill was rejected as irregular in its nature.
Refers to encl. i. to show that, even if it were upon record, the
act would be void because contrary to the Instruction etc.
Concludes:— The Assembly [of New York] is just now broke
up, after passing several acts. We agree very well and this
province is as remarkably quiet and happy and affectionate to
me as the other is the reverse. I am very impatient for your
Lordships' commands in answer to my account of the former
session of this Assembly and shall transmit the minutes and
acts of this session as soon as they can be got ready. Set out,
N.J. Archives, 1th Ser. V. 10. Signed, W. Burnet. Endorsed,
Recd. 20th Sept., 1721, Read 9th Jan., 172½. Holograph.
10 pp. Enclosed, |
|
595. i. Speeches by Governor Burnet and Addresses of
Assembly during the session begun at Bridlington,
28th Feb., 1721, together with letter from the Board of
Trade, 13th Nov., 1711, and an Act for the support of
Government etc. The whole, Printed. Endorsed as
preceding. 30 pp. [C.O. 5, 972. ff. 19—40v., 41v.] |
Aug. 2.
Whitehall. |
596. Council of Trade and Plantations to Lord Carteret.
We have received a letter from Mr. Burnet etc. (18th June)
relating to the application of the French to fortify themselves
at Niagara, and to seduce the Sinnekees one of the Five Indian
Nations in those parts contrary to the 15th Article of the
Treaty of Utrecht, which, if effected, will prove of dangerous
consequence to our Settlements there. Wherefore we are of
opinion that no further time shou'd be lost in sending the usual
presents to the Five Nations of Indians, and the necessary
stores of war for ye garrisons of New York and Albany, according to what we propos'd to the late Mr. Secretary Craggs, 14th
Dec. last, and we desire you'l be pleas'd to receive H.M.
directions thereupon. [C.O. 5, 1124. p. 262.] |
Aug. 2.
Whitehall. |
597. Mr. Popple to Mr. Lowndes. Encloses extract of
Governor Hamilton's letter, 19th May, complaining of Governor
Sir N. Lawes' letter, etc. to be laid before the Lords of H.M.
Treasury. Continues: Sir Nicholas Lawes has signified to
my Lords Commissioners for Trade, that he had with the advice
of the Council and Assembly of Jamaica sent proposals to the
people inhabiting the Virgin Islands to move to Jamaica etc.,
tho' we find by the same letter that the Assembly had hitherto
not agreed to the necessary measures proposed for this purpose
etc. My Lords Commissioners for Trade having proposed
(7th Aug. and 16th Oct. 1717) that out of the French part of
St. Christophers there should be reserved a certain quantity
(of land) not exceeding 3000 acres lying most contiguous to
the sea-coast which should be given gratis in small plantations
to poor families etc., and having represented, 16th Oct., 1717,
that their Lops. conceived it highly necessary for H.M. service
that the Governor of the Leeward Islands should have orders
without loss of time to assure not only the inhabitants of
Anguilla but all the other poor planters in like circumstances
there in H.M. name that they should be allowed to settle in
St. Christophers etc., my Lords Commissrs. continue of opinion
that it will be for H.M. service in the better securing and improving the Island of St. Christophers, that directions should
immediately be given for settling the poor inhabitants of the
Virgin and other adjacent Islands, in the manner before mention'd at St. Christophers, where they may be more usefull and
necessary than at Jamaica, supposing the design for settling
them there could take effect, which however appears to be so
very doubtfull that there is more reason to apprehend these
poor people may at last be engaged absolutely to quit H.M.
Dominions and settle in some French or Dutch Plantations;
the consequence whereof would, be very bad to the Leeward
Islands which are in great want of white inhabitants. [C.O.
153, 14. pp. 1–4.] |
| Aug. 3. |
598. John Ascough to Mr. Popple. Has obtained H.M.
leave of abence for another twelvemonth, awaiting determination of a suit in Chancery etc. Signed, J. Ascough. Endorsed,
Recd. 4th, Read 9th Aug. 1721. Addressed. 1 p. Enclosed, |
|
598. i. Duplicate of leave of absence, July 29th. [C.O. 137,
14. ff. 3, 4, 5v.] |
Aug. 3.
Whitehall. |
599. Mr. Popple to Mr. West. Encloses Acts of Jamaica,
1720, (i) for fitting out sloops for the guarding the coast, etc. and
(ii) to impose duties to defray the extraordinary charges of the
Government for his opinion thereupon in point of law. Presses
for report upon Acts sent him 26th Dec. [C.O. 138, 16. pp.
299, 300.] |
Aug. 4.
Whitehall. |
600. Lord Carteret to the Council of Trade and Plantations.
You are to prepare an Instruction for John Hart, Esq., Govr.
of the Leeward Islands, agreeable to that which you have been
directed to prepare for the Lord Belhaven by my letter of the
5th past. Signed, Carteret. Endorsed, Recd. 5th, Read 9th
Aug., 1721. 1 p. [C.O. 152, 14. ff. 3, 4v.] |
Aug. 4.
Haberdashers' Hall. |
601. Mr. Marsh to Mr. Popple. Desires, in behalf of Dr.
Wickham, copies of proceedings at Antigua relating to the
Act for building a parish Church etc. (v. 28th July). Signed,
Jno. Marsh. Endorsed, Recd. 4th, Read 9th Aug., 1721.
Addressed. 1 p. [C.O. 152, 14. ff. 5, 6v.] |
| Aug. 5. |
602. Mr. Attorney and Mr. Solicitor General to the Council
of Trade and Plantations. Reply to June 30th. We have been
attended by the Agents of the parties who claim the Province
of Pensilvania etc. and heard what hath been alleadged on
both sides, and are of opinion that no part of Delaware River
or the Islands lying therein are compriz'd within the granting
words of the Letters Patents granting the Province of Pensilvania or of the grant of New Jersey; but we conceive that the
right to the same still remaines in the Crown. Endorsed, Recd.
Read 9th Aug., 1721. 1¼ pp. Enclosed, |
|
602. i. Extract of grant of New Jersey, 1664. 2¾ pp.
[C.O. 5, 971. Nos. 91, 91. i.] |
Aug. 7.
Customhouse, London. |
603. Mr. Carkesse to Mr. Popple. Reply to 1st July. Their
is no law of this Kingdom that prohibits the importing indigo
from the French Plantation to any of H.M. Plantations or from
being brought thence to great Brittain neither is there any law
that prohibits the importation of indigo of the produce of the
French or any other forreigne Plantations from being brought
directly to Great Brittain only on the importation thereof here
the same is subjected to a much higher duty than indigo of the
produce of H.M. Plantations. As to seizures on the Acts of
Trade and Navigation, it is the opinion of the Sollicitor of the
Customs that not only the officers of the Customs but also the
Governour and Navall Officer have power to seize either ships
and goods for the breach of any of those Acts and that the
clearing any ship and cargoe by one officer will not prevent
the same from being seized by him or any other officer in case
it shall afterwards appear to be liable to forfieture by any of
the Acts of Trade and Navigation. But as to the present case
the indigo in question being seized on a law passed by the
Assembly of Jamaica the Commissioners presume the Lords of
Trade can better judge etc. Signed, Cha. Carkesse. Endorsed,
Recd., Read 8th Aug., 1721. Addressed. 2 pp. [C.O. 137,
14. ff. 1, 1v., 2v.] |
Aug. 8.
Whitehall. |
604. Mr. Popple to Horatio Walpole. Desires to know.
whether the Lords of the Treasury have any objections to Mr.
Berwick being reinstated in the Council of Barbados, he having
been suspended upon complaints made to them by Mr. Walpole.
[C.O. 29, 14. p. 138.] |
Aug. 9.
Whitehall. |
605. Council of Trade and Plantations to Lord Carteret.
Enclose draughts of Instructions for Governor Lord Belhaven.
Continue: We have inserted Tobago by name in the titles of
these draughts, having done the same in his Commission which
H.M. has been already pleas'd to approve. The 2nd Article
contains the names of the Councillors which are the same who
have for some time served in that imployment, except only
Mr. Cox, whom we have left out for the reasons mentioned in
our letters of 30th March and 28th July, and have inserted in
his stead Colo. Brome, who has been recommended to us as a
person very well qualify'd to serve H.M. in that station. We
have left in the names of Mr. Frere and Mr. Berwick, altho'
they are both under a suspension, the former by order of Mr.
Cox and the latter by an order of Mr. Lowther upon a complaint
from the Auditor of the Plans. because it has been usual to lay
before H.M. with the Instructions for a Govr. the full number
of the Council, and we wou'd not take upon us to put any other
persons in the stead of the abovemention'd gentlemen, till
H.M. shall have declair'd His pleasure concerning them. The
Articles in ye draught of General Instructions, which are
number'd 3, 9, 10, 11, 16, 17, 19, 21, 23, 24, 29, 31, 34, 35, 37,
55, 57, 60, 63, 67, 74, and 82 are somewhat varied from the
Instructions given to Mr. Lowther, conformable to the Instructions to Sir Nicholas Lawes approved 18th Dec., 1717,
and the 98th Article is now but conformable to H.M. said
Instructions to Sir N. Lawes. To the 18th Article, relating to
the passing of private Acts, we have added; That the Governor
take care that in all such private Acts there be a clause inserted
to prevent their being in force, till they shall have receiv'd
H.M. Royal approbation, and that publick notification be made
of the parties intention to apply for such act in the several
parish churches where the premisses in question lye, before the
same be brought into the Assembly, which addition we most
humbly submit to H.M., altho' we were induc'd to make the
same, by observing the great negligence and informality in the
passing of such laws, which however are immediately in force
in the respective Plantations after they are pass'd whereby
divers persons have been concluded in their titles and properties;
and those in whose behalf such Acts have been pass'd, have
sold the estates convey'd to them, and gone off the Island with
their effects, whereby the persons aggriev'd have been left
without remedy. The 20th Article against ye passing laws
whereby bills of credit may be struck, or mony paid to the Govt.,
or any of the Council or Assembly without a clause declaring
such Acts not to be in force, till approv'd of by H.M., is agreeable
to the Additional Instruction which we laid before their Excellencies the late Lords Justices, 11th Aug., 1720, pursuant
to H.M. Order in Council of 19th May foregoing. And in
obedience to H.M. particular commands, 5th July last, we have
prepared the 26th Article relating to the Lord Belhaven's
appointments and H.M. permission to him to receive such
addition as the Assembly shall think fit to his salary etc., whereby
the 112th Instruction to the late Governor is become unnecessary,
and therefore omitted. The latter part of the 29th Article,
after the words, particular order for that purpose (v. infra, art. 30),
is intirely new and design'd to prevent for the future the same
inconveniences and disturbances, which have lately happen'd
in that Government, from ye present President's having taken
upon him to exercise a very unusual liberty of making as many
changes in all offices there both civil and military, as the Govr.
himself directly appointed by H.M., might have done. After
the words, under his sign manual, dated the 16th of March, 170i,
in the 42nd Article, we have added the words, Whereof a copy
will be herewith deliver'd to you, and have annex'd to this
draught of Instructions a copy of a letter of His late Majesty
King William, as necessary for the Lord Belhaven's information.
We have omitted the conclusion of the 50th Article of the Instructions to Mr. Lowther, as being provided for in the 57th
clause of these Instructions. The 59th Article is new, and was
prepar'd at the request of the Commrs. of the Customs, upon
complaint from their officers in the Plantations, that they are
frequently oblig'd to serve on juries and to appear in arms,
to the hindrance of the execution of their employments. A
Court of Exchequer having been establish'd in Barbados, and
the intent of the 58th Article of the Instructions to the late
Govr. being thereby answer'd, we have omitted that Article.
The 76th Article is likewise omitted, as being provided for by
the particular Instructions likewise herewith transmitted in
pursuance of the several Acts of Trade and Navigation. In
Articles 90, 91 and 92 relating to the particular incouragement
to be given to the Royal African Company, we conceiv'd it
necessary to include others H.M. subjects trading to Africa.
The 100th Article of Mr. Lowther's Instructions, which recommended the raising of publick work–houses; we are humbly
of opinion, is unnecessary in Barbados, where there is a great
want of white people. Annexed, |
|
605. i. Draught of H.M. Instructions to John Lord Belhaven,
our Captain General and Governor in Chief in and
over our Islands of Barbados, Sta. Lucia, Dominico,
St. Vincents, Tobago and the rest of our Charibbee
Islands lying to windward of Guardaloupe in America.
v preceding. Articles 26, 29, 59, run as follows:—Art. 26. And whereas the salary of £1200 sterl. pr.
annum, formerly assign'd out of the duty of 4½ pr. cent.
arising in our Island of Barbados for ye Governor in
Chief of that Island was not thought sufficient for his
support, it was thought fit to add £800 sterl. pr. ann.
out of the said duty etc., But as it has been
represented to us, that £2000 sterl. pr. annum is not at
present sufficient for the support of our Governour
there, and the dignity of that our Government, we
are graciously pleas'd to permit and allow that the
Assembly of our said Island of Barbados may, by
any Act or Acts, settle upon you such sum or sums in
addition to your salary as they shall think proper,
and you are hereby allow'd to give your assent to
any act or acts of Assembly for that purpose, provided
such sum or sums be settled on you and your successors
in that Governmt. or at least on you, during the whole
time of your Government there; and provided the
same be done by the first Assembly after your arrival
in that Island. |
|
Art. 30 directs the eldest Councillor whose name
is first placed in H.M. Instructions to the Governor,
to take upon him the administration of the Government in case of the death or absence of the Governor,
if there be no Lt. Governor commissioned or appointed by H.M., but in such case "it is nevertheless
Our express will and pleasure that the said President,
shall forbear to pass any acts but what are immediately
necessary for the peace and welfare of the said Island,
without Our particular order for that purpose, and
that he shall not take upon him to dissolve the
Assembly then in being but do allow them to sit till
the term of their sitting be expired according to an
Act passed in Our said Island the 6th of August 1660,
entituled an Act for limiting the Assembly's continuance.
It is likewise Our will and pleasure, that the said
President do not remove or suspend any of the members
of Our said Council, nor any Judges, Justices of the
Peace or other officers, civil of military, without the
advice or consent of at least seven of the Council,
nor even then without good and sufficient reasons
for the same, which the said President is to transmit
over signed by himself and the Council to Us and to
Our Comrs. for Trade and Plantations by the first
opportunity." |
|
Art. 59. "And whereas several complaints have
been made by the Surveyors General and other
Officers of Our Crown in Our Plantations in America,
that they are frequently oblig'd to serve on juries and
personally to appear in arms whenever the Militia
is drawn out, and thereby are much hinder'd in the
execution of their employmts., Our will and pleasure
is that you take effectual care and give ye necessary
directions, that the sevl. officers of Our Customs be
excus'd and exempted from serving on any juries or
personally appearing in arms in the Militia, unless in
cases of absolute necessity, or serving any parochial
offices which may hinder them in the execution of
their duties. [C.O. 29, 14. pp. 140–221.] |
| Aug. 9. |
606. H. Walpole to the Council of Trade and Plantations.
Reply to 8th Aug. The Lords Commissioners of H.M. Treasury
had adjourned themselves till Monday sevennight before I was
favoured with your letter etc., so that I cannot at present send
you precisely their sentiments etc. But as you seem to desire
an immediate answer I beg leave to observe that as Mr. Berwick
was suspended upon my complaints for his not having given
in a sufficient account of H.M. casual revenue in Barbados for
wch. he has acted as Receiver ever since 1706, the accots. he
has since rendered of his rects. and issues are as irregular and
confused as ever, and therefore the reasons for his being removed
subsist as strongly in my opinion against his being restored
to the Council. Signed, H. Walpole. Endorsed, Recd. Read
10th., Aug., 1721. 1 p. [C.O. 28, 17. f. 178, 178v.] |
Aug. 9.
Whitehall. |
607. Council of Trade and Plantations to the King. An
Act having been pass'd in Jamaica, Jan., 1716, to prevent all
fraudulent trade to Hispaniola and other foreign parts, by which
act every master or owner of a vessel lading in that Island,
before he be clear'd from thence, is obliged to declare on oath
the quantity of indigo on board his vessel, that the same is
of the growth and produce of Jamaica, and that he will not
in the course of his voyage homewards take in any other indigo,
under the forfeiture of £500, one half thereof for the support of
the Government of that Island, and the other half to the informer; this being a restraint on the Trade and Navigation of
your Majesty's subjects of this Kingdom, not warranted by
any of the Laws of the same, and as the Act is besides prejudicial
to your Majesty's Royal Prerogative, we should have laid the
same before your Majesty for your disallowance soon after it
was transmitted to us, if Sir N. Lawes, believing some parts of
this Act to be at that time usefull and necessary to that Island,
had not desired in the most earnest manner that it might
continue in force, till he could get another Act pass'd which
might not be liable to the same objections; But as the Governor
has lately informed us, that his endeavours for this purpose
have hitherto been and still are likely to be ineffectual, notwithstanding our objections to this Act had been laid before
the Assembly, we humbly offer that your Majesty may be
graciously pleased to declare your disapprobation of the said
Act. [C.O. 138, 16. pp. 301, 302.] |
Aug. 9.
Whitehall. |
608. Same to Lord Carteret. Reply to 4th May. We
have heard petitioners and several merchants trading to
Jamaica etc. relating to searching of ships there.(quoted). Continue:—The seizure complain'd of was certainly made as
appears not only by affidavits but likewise by the acknowledgment of Sr. Nics. Lawes who justifys the same, as being done by
virtue of a clause in the Revenue Act of that Island (quoted).
But as this clause relates to searches to be made at land only
for such goods as are landed and supposed to have been landed
without paying the duties mention'd in that Act, we do not
conceive that the seizure complain'd of can be justify'd thereby.
It does not appear to us that there was any proof made that the
indigo so seiz'd was French or that it had been landed at
Jamaica without paying the duties, in which case only indigo
and other goods by the foremention'd Revenue Act are seizable
even at land there, but the importing of all indigo into this
Kingdom is lawfull and ought to be encouraged. For which
reason we humbly offer that H.M. pleasure be signify'd to the
Governor of Jamaica, that the said indigo and other goods so
seiz'd as aforesaid or the value thereof be immediately restored
to the owners. [C.O. 138, 16. pp. 303–307.] |
Aug. 10.
St. James's. |
609. Order of King in Council, impowering Governor Lord
Belhaven, if he thinks it expedient, to restore John Frere to
his place in the Council of Barbados, upon the report of the
Lords of the Committee, upon the petition of Frere, setting
forth his having repair'd into England in obedience to the order
of the Lords Justices, to answer a complaint of his not complying
with the late Mr. Secretary Craggs's letter of 11th June, 1720,
as also the petition of Sr. Charles Cox, on behalf of his brother
Samuel Cox, President of Barbados; Their Lordships having
heard the same by Councill learned, and what Mr. Frere had
to offer in answer to the charge of a contempt for not paying
due obedience to H.M. pleasure signifyed as aforesaid by letter
from Mr. Secretary Craggs, are of opinion that he was disobedient
to H.M. commands, but the same might proceed from a mistake
in the said Frere, and not from any wilfull disobedience etc.
Signed, E. Southwell. Endorsed, Recd. 17th, Read 18th Dec.,
1723. 1½ pp. [C.O. 28, 17. ff. 578, 578v, 579v.] |
Aug. 10.
Whitehall. |
610. Council of Trade and Plantations to the King. Representation upon Acts of Antegoa (i) for declaring the qualification
of voters etc., by which Act it is declared that no person shall be
capable of being chosen an Assembly man who is not seized in
his own right of £300 pr. annum in lands, and that no person
shall vote in elections that has not a freehold of 10 acres of land
or a house valued at £20 pr. annum in the town or division
where the election is to be, besides this the Assembly of Antigoa
do not only claim and enact for themselves by this Act all such
priviledges as are enjoyed by the House of Commons of Great
Britain, but do even attempt to grasp at more power than any
House of Commons ever yet exercised, which has hitherto
never been allowed to Assemblys in the Plantations, and we
humbly presume will not now be thought proper or necessary.
For these reasons we are humbly of opinion this Act ought to
be repealed. (ii) To the Act for establishing a Court of King's
Bench, Common pleas etc., there are ye following objections,
(a) It exempts all freeholders from arrest, which besides the
prejudice it may be to private persons, does not so much as
except such cases in which it may be necessary for the Governor
by law to arrest even criminals of State. (b) It enacts that all
tryals shall be by Jury of 12 men, whose only qualification
required is, that they be Protestants, and tho' they have repeal'd
in another clause of this Act, all laws relating to legall proceedings there is no oath either prescribed by this Act, or to be
taken by jurors, neither is there any remedy provided against
jurors corruptly giving a false verdict. (c) Upon days of tryals
it is in the power of either party upon application to the Court
to put off the tryal upon payment of costs not exceeding £5,
which is unreasonable since the full costs of the day ought to
be tax'd to the party aggreived. (d) In case of execution
upon lands or tenements the oath of the Agent or Attorney of
the Defendants that the defendant hath not concealed or
made away any part of his effects is admitted to prevent execution being actually levied upon them, which is not only unjust
as to the Plaintiff, the personal oaths of the defendant being in
reason only to be taken, but also opens too large a field to
perjury. (e) It is enacted that when any negroes cattle, etc., are
taken in execution they shall be delivered back to the defendant
upon his giving bond to the Marshall of double the value for
the redelivery of them within 60 days; which is unreasonable,
since, where the effects of the defendants are not worth more,
than the debt and charges amount unto, such bond of the
defendant is no security to the plaintiff, that the effects will
not be concealed, and made away in order to defraud him of
his judgement and execution. (f) It is enacted that the Provost
Marshall shall be liable to a fine of £20 for acting in the
execution of his office in any wise contrary to this Act, in
which case the oath of only one witness is required, nor is
there to be any tryal by jury to prove him guilty of what
is laid to his charge. (g) The Officers of Courts have an attachment granted them immediately for the recovery of their fees
without being oblig'd to prove their demands by jury or otherwise. (h) The Justices of the Peace are constituted the standing
Judges of Oyer and Terminer, whereas special Commissionrs.
ought to issue for that purpose. This is contrary to your
Majties. Royal Prerogative as well as to your Instructions to
the Governor, and may in many cases be prejudicial to your
Majty's. service. (i) No execution is to be issued out on any
judgement for debt contracted before the Act, unless the
Plaintiff will forbear to levy the execution for two years after
the date of this Act. Upon the whole, altho' there are several
things in this Act proper for the regulation of the Courts
established by it, and it hath corrected several of those errors
and mistakes which were in a former Act, for which that Act
was repealed, yet for the objections above–mentioned, we are
humbly of opinion, that your Majty. be pleased to signifie
your disapprobation of this Act. [C.O. 153, 14. pp. 4–9.] |
Aug. 14.
Whitehall. |
611. Mr. Popple to John Moore. Refers to letter of 29th
July. Concludes:—Unless their Lordships receive your answer
very soon they will recommend some fit person to supply your
place etc. [C.O. 138, 16. p. 308.] |
Aug. 15.
St. James's. |
612. H.M. Warrant for appointing Thomas Walker Chief
Justice of the Bahama Islands and discharging Christopher
Gale. Countersigned, Carteret. Copy. [C.O. 324, 34. pp. 60,
61.] |
