America and West Indies
May 1729, 21-31

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1937

Pages

387-397

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'America and West Indies: May 1729, 21-31', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 387-397. URL: http://british-history.ac.uk/report.aspx?compid=72470 Date accessed: 30 August 2014.


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May 1729, 21–31

May 21.
Whitehall.
721. Same to the Mayor of Poole. Reply to 12th Feb. By the first clause of the Act for encouraging the trade to New foundland you seem to apprehend that no person not residing within this Kingdom can enjoy the benefit of the Fishery at Newfoundland: But as by the first part of this clause, it is enacted it shall be lawfull for all H.M. subjects residing within this His realm of England or the Dominions thereunto belonging to enjoy the benefit of this fishery, My Lords are of opinion that the people of New England, Ireland, Guernsey and Jersey are not excluded those places, being Dominions belonging to this Kingdom. That part of the clause from which you have form'd your opinion restrains none but such as are aliens and strangers not residing in this Kingdom, Wales, or the town of Berwick; whereas did such alien or stranger reside in this Kingdom this clause would seem to give him the benefit of fishing etc. at Newfoundland. Your complaints against the New England men for enticing and carrying away your sailors and fishermen is of very great consequence, and therefore my Lords in the Instructions wch. they have now prepared for the Lord Vere have inserted an Article to require his Lordship to use his best endeavours to prevent this practice for the future. As to the duties on oil etc., my Lords have enquired etc. See preceding letter. [C.O. 195, 7. pp. 241–243].
May 21.
Whitehall.
722. Same to Mr. Fane. My Lords Commissioners having reconsidered the act of Virginia declaring how long judgments shall be in force etc., (v. Feb. 18, March 25 etc.), do find that all other acts, or so much thereof as relates to the declaring how long judgments, bonds, obligations and accounts shall be in force, are repealed. The said act now lies before her Majesty to be repeald; and if by the repeal thereof, the acts thereby repealed should revive, etc. they desire your opinion in point of law, whether the acts now revived, are liable to the same objections as that now before H.M. to be repealed. There was an act passed in Virginia in 1696 declaring how long judgements and specialties shall be pleadable, which seems reviv'd by the aforesaid law. [C.O. 5, 1366. pp. 21, 22].
May 21.
Whitehall.
723. Mr. Popple to Mr. Attorney and Mr. Solicitor General. Presses for their opinion in point of law upon grievances of clergy of the Massaehusets Bay, submitted to them 24th Nov. 1727. [C.O. 5, 916. p. 198.]
May 21.724. Mr. Yeamans to Mr. Popple. Excuses himself for not waiting upon the Board this day. "I have been so much out of order for these three days last past that I do not stirr abroad." [Dated 1728? by error. Ed.] Signed, John Yeamans. Endorsed, Recd. Read 21st May, 1729. 1 p. [C.O. 152, 17. ff. 63, 64v]
May 22.
Kensington.
725. Order of Queen, Guardian of the Realm, in Council. Approving Instructions for Lord Vere Beauclerk and Commission and Instructions for Governor of Newfoundland, Capt. Henry Osborn, H.M.S. Squirrel, and in case of his death the first Lieutenant of H.M.S. Oxford. Lt. Govr. Gledhill is removed from his post and called home to answer for his conduct. H.M. Secretary of War is to order the three Chaplains on the establishment of the Regiment and Garrisons in Nova Scotia, and other Staff Officers upon that establishment to repair forthwith to their respective posts, as also the Officers in any other of H.M. Plantations in America. The Secretary of War is to report whether the Company of Foot belonging to Col. Philips's regiment, at Placentia, may properly be relieved by an Independent Company. Set out, A.P.C. III. pp. 221, 222. q.v. Signed, Temple Stanyan. Endorsed, Recd. 16th, Read 17th June, 1729. 1¾ pp. [CO. 194, 8. ff. 210, 210v;., 211v.; and 5,21. ff. 3, 3v.]
May 22.
Kensington.
726. Order of Queen etc. in Council. Recommending Bishop of London to send a Clergyman to Newfoundland etc. as proposed 19th April. Set out, A.P.C. III. p. 222. Endorsed as preceding. 1 p. [C.O. 194, 8. ff. 212, 213v.]
May 22.
Kensington.
727. Order of the Queen etc. in Council. Confirming Act of New Jersey, 1718, for ascertaining the line of partition between the Eastern and Western divisions etc., Signed, Temple Stanyan. Endorsed, Recd. 16th, Read 17th June, 1729. 2 pp. [C.O. 5, 972. ff. 184, 184v., 185v.]
May 22.
Kensington.
728. Order of Queen etc. in Council. Approving report of Committee 22nd April, agreeing with report of Council of Trade upon Address of the Representatives of the Massaehusets Bay, and advising that H.M. order this whole matter to be laid before Parliament, (v. A.P.C. III. pp. 108–111.) Ordered, that one of H.M. principal Secretaries of State receive the pleasure of the Crown thereupon. Signed, Temple Stanyan. Endorsed, Recd. 16th, Read 17th June, 1729. 5 pp. [C.O. 5, 870. ff. 249–251, 252v.; and 5, 752. No. 39.]
May 22.
Kensington.
729. Order of Queen etc. in Council. Approving draught of Governor Philipps's Instructions. Signed, Temple Stanyan. Endorsed, Recd. 16th, Read 17th June, 1729. ¾ p. [C.O. 217, 5. ff. 117v., 118v.]
May 22.
Kensington.
730. Order of Queen etc. in Council. Repealing Act of Virginia declaring how long judgments, bonds etc., shall be in force. Signed and endorsed as preceding. 2 pp. [C.O. 5, 1321. ff. 140, 140v., 141v.]
May 22.
Kensington.
731. Order of Queen etc. in Council. Confirming Act of Virginia for limitation of actions etc. Signed and endorsed as preceding. 1¾ pp. [C.O. 5, 1321. ff 142, 142v., 143v.]
May 22.
Kensington.
732. Order of Queen etc. in Council. Confirming Act of Virginia to enable William and Thomas Farrar etc. Signed and endorsed as preceding. 2 pp. [C.O. 5, 1321. ff. 144, 144v., 145v.]
May 22.
Kensington.
733. Order of Queen etc. in Council. Confirming Act of Jamaica for granting a revenue etc. and reviving and perpetuating the Acts thereof Signed, Temple Stanyan. Endorsed, Recd. 16th, Read 17th June, 1729. 1½ pp. [C.O. 137, 18. ff. 17, 170., 18v.]
May 22.
Kensington.
734. Order of Queen etc. in Council. Confirming Act of Jamaica for raising a tax by the poll and on trades etc. Signed and endorsed as preceding. 1½ pp. [C.O. 137, 18. ff. 19, 19v., 20v.]
May 22.
Kensington.
735. Order of Queen etc. in Council. Confirming Act of Jamaica to oblige the inhabitants to provide themselves with a sufficient number of white people etc., Signed and endorsed as preceding. 1½ pp. [C.O. 137, 18. ff 21, 21v., 22v.]
May 22.
Kensington.
736. Order of Queen etc., in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Temple Stanyan. Endorsed, Recd. 13th, Read 18th June, 1729. 1 1/3 pp. Enclosed,
736. i. Petition of Joseph, Viscount Micklethwait, to the King. By letters patent 12th March, 1714, petitioner was granted the office of Secretary of Barbados, Secretary to the Governor and Governor and Council, and Clerk of the Courts, to which several offices there is no salary attached. Petitioner was at great and constant expence in providing an office, stationary ware and clerks etc. for making copies of acts and minutes of Council etc., for which he has never had any allowance. There is due to him for fees to 2nd April, 1719, when he surrendered his patent £793 3s. 9d., for which he has often applied by his agent, but has not been able to obtain payment etc. Prays H.M. to recommend to the Government the payment of same. Signed, Micklethwait. Copy. 2 pp. Enclosed,
736. ii. Account of fees due as above. Signed, John Lenoir, Saml. Wadeson. 1 p. [C.O. 28, 20. ff 180–182, 185v.]
May 22.
Kensington.
737. Order of the Queen etc. in Council. Approving drafts of Instructions for Governor Woodes Rogers. Signed, Temple Stanyan. Endorsed, Recd. 16th, Read 17th June, 1729. l½ pp. [C.O. 23, 2. ff. 192, 192v., 193v.; and 5, 194. ff. 515, 515v.]
May 22.
Kensington.
738. Order of Queen etc. in Council. Approving report of representation desiring the Captains of the men of war stationed at New England to protect the mast-cutters for the use of the Navy at Casco Bay. The Lords Commissioners of the Admiralty to give instructions accordingly. Signed and endorsed as preceding. 1½ pp. [C.O. 5, 870. ff. 253, 253v., 254v.]
May 22.
Whitehall.
739. Council of Trade and Plantations to Governor Worsley. Acknowledge letters etc. of 13th Sept., 28th Oct., 8th Nov. and 10th and 16th Dec. last. Continue:— We are glad to find that the dispute so often mentioned between the Assembly and you in relation to their pretended right of adjourning without your consent is at last determined. We have sent the several acts transmitted with your abovesaid letters to Mr. Fane etc., and so soon as he shall have made his report, we shall lay before H.M. such of them as require his immediate determination. [C.O. 29, 15. p. 107.]
May 22.
Whitehall..
740. Same to Lt. Governor Gooch. Acknowledge letters of 8th June, one without date, 9th and 26th Aug. Continue:— We are glad to find that the Commissioners for settling the boundaries between Virginia and North Carolina, have made some progress; and we hope that the finishing this division line will prevent the many inconveniencies, which have hitherto happned for want thereof. As you omitted sending a list of persons fit to supply vacancies in the Council, which you promised you would, we hope you will transmit the same by the first opportunity. We have considered the act for laying a duty on slaves imported etc., and your reasons far passing the same; but the merchants of London, Bristol and Liverpool trading to Virginia, having petitioned the King against this act, they have been heard at this Board, and we are of opinion the same ought to be repealed, and shall make our report to H.M. accordingly. We have likewise considered another act for erecting a lighthouse on Cape Henry, and your reasons in behalf of the same ; we thought it proper to discourse with Lord Baltimore and the Virginia and Maryland merchants upon this subject. But we find the greatest part of them so averse to an undertaking of this nature, that we fear it cannot be complied with. We have laid the act to enable William and Thomas Farrer etc. before H.M. for his royal confirmation. Recount their representation on the two acts for limitation of judgments etc. v. 25th March. Continue :—We observe by your letter, a state of the difference between the Council and Burgesses, upon the Burgesses having pass'd a resolve for paying their own attendance out of the publick fund raised by the duty on liquors at the rate of 10/s. for each hundred of tobacco allow'd them by law ; for which purpose they afterwards prepar'd a bill, upon their resolve not being agreed to by the Council, which was likewise rejected : upon this you desire our directions how you should act, if the same be revived again ; But as the reasons assign'd by the Council against agreeing with the Burgesses in this particular, seem to have more weight in them than those offered by the Burgesses, we cannot advise you to give your consent to an act for this purpose, without inserting a clause for suspending the effect thereof till the King's pleasure can be known. We have considered what you write, 9th Aug., in relation to the presents made you by the Council and Assembly. But we are still of opinion that your receiving such presents, is contrary to your Instructions; however we have acquainted the Duke of Newcastle with what you have offered etc. (v. 20th May). Enclose Order of Council upon Col. Spotswood's petition, 1st Feb., "in relation to his land, which will serve for your guidance with respect to him ; and altho' we may be of opinion that other persons may deserve the same favour, yet we cannot give you any answer upon this head till H.M. shall have signifyed his pleasure upon a state of this matter now before him in relation thereto."[C.O. 5, 1366 pp. 22–27.]
May 23.
Whitehall.
741. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 19 Acts of New York, 1728 (enumerated).[C.O. 5, 1125. pp. 125–129.]
May 23.
Whitehall.
742. Council of Trade and Plantations to the Queen, Guardian of the Kingdom and His Majesty's Lieutenant within the same. Representation upon petition of merchants (26th Sept.) for repeal of act of Virginia for laying a duty on slaves imported. The duty of 40s. per head laid by this act upon all slaves imported there, will greatly discourage the trade of this Kingdom and of that Colony, as it must in consequence raise the price of their tobacco. This act will likewise discourage the settlement of the two new counties of Spotsylvania and Brunswick, as the poorer people will not be able to buy sufficient stocks of negroes, should they be charg'd with this duty. A like act passed in 1723 was repealed etc. As this act seems to us lyable to the same objections, etc., recommend its disallowance. [C.O. 5, 1366. pp. 28, 29.]
May 23.
New York
In
America.
743. Richard Bradley to the Duke of Newcastle. Encloses following petition to be laid before H.M. and prays that the Council of Trade may be instructed speedily to consider enclosed memorial to them. Continues:—I doubt not, but yr. Grace is, or soon will be, convinced that the General Assemblys of these country's, seem to aim at an arbitrary, and independant power; by their assumeing the sole appropriation of money raised for the publick service. Their usual insisting on passing of bills hurtfull to H.M. Prerogative and interest, at the same time they pass money bills. And by refusing to give any salary at all, to some officers of the Crown ; and lessening those of others, when at the same time they augment the salary of such as they appoint; and that without any apparent application for it. It seems, in my humble opinion, that the Assembly's, by such a proceedure, intend nothing less than taking away the offices themselves ; or, that they are resolv'd to have only such officers, as are of their own nomination, and who are to have their entire dependance on them etc. Refers to the "long and considerable arrear of H.M. Quitt-rents in this Province ; and which, I have reason to believe, is owing to that too great caution, heretofore used, not to displease Assembly men, who, with their friends (of which number are all those that do but vote for their elections) are ; as I am credibly inform'd, answerable for the greater part of such arrears etc. Signed, Richd. Bradley.2 pp .Enclosed,
743. i. Petition of Richard Bradley, Attorney General of New York, to the Queen, Guardian of the Kingdom etc. Petitioner, re-appointed by H.M. in 1727, has met with great discouragements and been obliged to carry on at his own expense several prosecutions, ordered by the Governor in Council and Supreme Court of Judicature. He has had no salary paid to him ; and is reduced to great extremity for want of the £1100 thus owing to him. Prays H.M. to settle a salary upon him etc, and order the Governor to pay his arrears etc.2¾ p
743. ii. Memorial of Same to Governor of New York in Council. Nov. 9, 1728. Memorialist had his salary paid out of H.M. quit rents by order of the late Governor, but since Dec. 1724 this has been refused on the grounds that H.M. quit rents here were charged by the Government at home with full as much or more than they could pay. His fees for prosecutions have also been withheld. Former Attorney Generals had £150 a year paid them from home and his Letters Patent grant him the same salary and fees as they enjoyed. Prays the Governor and Council to recommend him for the same etc. Signed, Richd. Bradley. Copy. 2 pp.
May 23.743. iii. Memorial of the Governor and Council of New York to the Council of Trade and Plantations. 1st April, 1729. Recommend above request "being well assured of the said Attorney General's steady and unshaken loyalty, as well as integrity and diligence in his office" etc. Signed, J. Montgomerie and ten Councillors. 1 p. [C.O. 5, 1086. ff 4, 4v., 6, 13, 13v., 16–17 ; and (duplicates of encl. ii. iii) ff. 1, 1v., 3.].
[May 23].
Boston.
744. Petition of Charles Delafaye to the Council of Trade and Plantations. On behalf of H.M. Colony and Island of Jamaica, represents that Governor Hunter has made repeated applications to the Board for an alteration to be made in the Council, in order that he may get a quorum more easily upon an emergency. Memorialist was in hopes this difficulty would in some measure have been removed by the appointment of Mr. Forbes etc. But Governor Hunter informs him that Mr. Ayscough has sold his estate and is coming to England to settle, whereby the Council will be in the same condition as it was before etc. Prays them to recommend William Needham or Edward Charleton in his place, as proposed by the Governor. Endorsed, Recd., Read 23rd May, 1729. 1½ pp. Enclosed,
744. i. Governor Hunter to Mr. Delafaye. Extracts relating to above, Nov. 6, 1728, and March 8, 1729. ¾ p. [C.O. 137, 18. ff. 13–14, 16v]
[May 23.]
Whitehall.
745. Lt. Govenor Dummer to the Council of Trade and Plantations. Sept. 7, 1727. King George II was proclaimed on 16th Aug. etc. v. Minutes of Council. Has kept the General Court under adjournment for settling the disputed matter of the tax etc. Signed, Wm. Dummer. Endorsed, Recd. 9th Nov., 1727, Read 23rd May, 1729. Holograph, 3 pp. Enclosed,
745. i. Minutes of Council of the Massachusetts Bay, 14th— 17th Aug., 1727. Endorsed, Recd. 9th Nov., 1727. 6 pp. [C.O. 5, 870. ff. 218–222 v 223v.]
746. Mr. Popple to Mr. Fane. Enclose for his opinion in point of law 4 Acts of New Hampshire (i) for establishing the proportion of several towns to be paid in the province tax for 1728. (ii) to repeal an additional act to the act for punishing criminal offenders, and repealing act prohibiting trade with Eastern Indians (iii) for calling and electing Assembly-men, and their qualifications (iv) for regulating the assize of shingles. [C.O. 5, 916. p. 199].
May 24.
Boston.
747. Governor Burnet to the Duke of Newcastle. I am sensible of my great obligations to your Grace for recommending dispatch to the Lords of Trade in making a report upon my disputes with the Assembly etc. I hope I shall deserve the continuance of your Grace's protection, and that the affair will be brought to a final decision before the British Parliament, which is the only thing that can overcome the obstinacy of this people. I have succeeded in obtaining a salary to be settled during the time of my Government in New Hampshire, and have now returned the old Seal of that province etc. Signed, W. Burnet. Endorsed, R. 24th July. 1½ pp. Enclosed, 747. i. Copy of following. [C.O. 5, 898. Nos. 57, 57 i.]
May 24. Boston.748. Governor Burnet to the Council of Trade and Plantations. Acknowledges letter of Feb. 11th. Their Lordships' approbation of his conduct has given him the highest satisfaction etc. Continues :—I had met the Assembly again at Salem, and they had again rejected the consideration of fixing a salary before your Lordships letter came to my hands as appears by their enclosed votes pag. 5. But since that they have renewed their opposition to the adjournment to Salem, pag. 13, 14, 15, tho' they were advised by their friends at home that it was a point that could not be defended, it having been already decided by his late Majesty. The town of Boston have likewise repeated their factious proceedings in giving their members extraordinary gratuities for their faithfull services in opposing the settlement of a salary. I thought it necessary to keep to my point in holding the Assembly at Salem as long as this spirit prevailed at Boston and therefore have issued the writs for the new Assembly to meet at Salem which they are to do on the 28th of this month. In the meantime I have been in the Government of New Hampshire where I have succeeded in getting a salary settled according to H.M. Instruction during the time of my being in the Government, which is the same which my Lord Londonderry has lately obtained in the Leeward Islands. I now return to your Lordships the old Seal of New Hampshire having delivered the new one to be made use of in that Province. Signed, W. Burnet. Endorsed, Recd. 24th July, Read 3rd Sept., 1729. 2½ pp. [C.O. 5, 870. ff. 267–268 v.]
May 26 Kensington749. Warrant of Queen Caroline for preparing a Commission Kensington, for Henry Osborn, Commander of H.M.S. Squirrel, to be Governor of Placentia etc. Countersigned, Holies Newcastle [C.O. 5, 194. ff. 604–610.]
May 27.
1729.
750. Council of Trade and Plantations to the Queen, Guardian of the Kingdom etc. Mr. Ayscough having left Jamaica to settle in this Kingdom, propose that Edward Charleton, one of the Judges of the Supreme Court, be appointed of the Council in his stead. [C.O. 138, 17. pp. 271, 272.]
May 27.
Whitehall.
751. Same to Governor Hunter. Acknowledge letters etc. of 24th Aug., 9th Nov., 15th Jan., 10th Feb. and 8th March. Inform him of their procedure upon Acts of Jamaica (v. May 14th and 19th) and preceding. [C .O. 138, 17. pp. 273, 274.]
May 27.
Whitehall.
751. Council of Trade and Plantations to the Queen, Guardian of the Realm and H.M. Lieut, within the same. Mr. James Penhallow, one of H.M. Council of New Hampshire, not being able to attend his duty there, by reason of his constant employment at sea, desires to be left out of the said Council etc. Propose John Penhallow in his stead. [C.O. 5, 916. p. 200.]
May 28.753. Col. Dunbar to Mr. Popple. Is about to sail, and asks for a copy of the Board's report upon the proposed settlement near Kennebeck river, in Nova Scotia. Has been at great cost to provide iron tools for the people and provisions for the next winter, so that nothing will be wanted to make the settlement with expedition and ease etc. Is "ashamed to appear before the Board after the severe reprimand I have received." Signed, David Dunbar. Endorsed, Recd., Read 28th May, 1729. 2 pp. [C.O. 5, 870. ff. 247, 247 v 248v.]
May 28.
Whitehall.
754. Council of Trade and Plantations to Lt. Governor Armstrong. Acknowledge letter of 9th July, "wherein you make several useful observations with respect to the state of the Province under your command, but as the settling a civil Government and several other matters in relation thereto now lie before H.M. for his determination, you may soon expect to receive H.M. pleasure thereupon. However, in the mean time we hope you will send us constant accounts of whatever may happen" etc. You will do well to give Col. Dunbar all the assistance and encouragement you can etc. [C.O. 218, 2. pp. 156, 157.]
May 28.
Whitehall.
755. Mr. Popple to Lt. Governor Wentworth. Acknowledges letters of 25th Sept., 1727, 20th Feb. and 30th June, 1728 etc. Continues:—As the chief subject of your said letters relates to the difficulty you have been under to preserve H.M. woods, I am to acquaint you that my Lords Commissioners prepared an Act, which passed the last Session of Parliament, for the preservation of the woods, and giving bounties on Naval Stores etc., printed copy enclosed. By this Act proper care is taken to obviate the objections to which the Act passed in his late Majesty's reign, was liable, with respect to townships, where the inhabitants of some of the Colonies seem to set up a pretence, and to exclude H.M. from the benefit of any of the woods there. As this Act likewise gives a bounty upon importation into this Kingdom of several sorts of Naval Stores, My Lords Commissioners hope you will endeavour to induce the people to turn their minds to the propagation thereof. H.M. has lately appointed Col. Dunbar Surveyor General of his woods in America; He is now set out in his way thither, and you will do very well, at his arrivall, to give him all the encouragement, and protection you can in the execution of his office etc. My Lords Commissioners are very well pleased to find, you have refused giving your assent to an Act for creating paper money; but at the same time they are sorry to see the Assembly has shewn so little regard to H.M., as to shorten their allowance to you, his Lt. Governor, for having according to your duty adhered to H.M. Instructions. [C.O. 5, 916. pp. 201, 202.]
May 28.
Whitehall.
756. Council of Trade and Plantations to Governor Burnet. Acknowledge letters of 23rd and 24th Jan., 31st March etc. Continue:—We have heard what the Agents from the Assembly (of the Massachusets Bay) had to offer by their Council against settling a fix'd salary upon you, as likewise Council in behalf of H.M. Instructions to you, and have made our report to H.M. etc. You may shortly expect to receive H.M. orders upon this subject; and if the Assembly shall not comply therewith, H.M. intends to lay the state of the case before his Parliament the next Session. We have consider'd what you write in relation to the two Independant Companies which you propose to be sent to the Massachusets Bay; and we cannot think it proper at this time to lay such a proposal before H.M. We are glad to find that the Assembly have at last submitted to their adjournment to Salem, and we cannot but hope they will likewise return to a sence of their duty in other respects. Acknowledge receipt of old Seal of the Massachusets Bay. Have recommended John Penhallow for the Council of N. Hampshire, who is not to be admitted till an Order is received for that purpose, unless the number of Councillors is reduced to seven. [C.O. 5, 916. pp. 203, 204.]
May 28.
Whitehall.
757. Same to Governor Montgomerie. Abstract. Acknowledge letter of 30th Nov. etc. Enclose report on act for the easier partition of lands. "Altho' you might prevail with the Assembly to pass an act not liable to our objections; yet considering the consequence of any act of this nature, we would advise you not to give your assent thereto, unless there be a clause inserted therein, for suspending the execution thereof until H.M. pleasure can be known. We have considered what you wrote with respect to holding a Court of Chancery in New York, etc. You ought to hold Courts of Chancery, when there shall be occasion, as former Governors have done." Set out, N.Y. Col. Doc. V. 876. [C.O. 5, 1125. pp. 129–131.]
May 30.
Whitehall.
758. Mr. Popple to Mr. Fane. Encloses four acts of New Jersey; (i) for shortening law-suits and regulating the practice of the law, 1713; (ii) acknowledging and recording deeds and conveyances of land, 1713; (iii) for shortening of law-suits and regulating the practice of the law, 1728; (iv) concerning the acknowledging and registering of deeds and conveyances of land etc., 1728. My Lords Commissioners did some time since lay the two first of these laws before his late Majesty to be repealed etc. I am to desire your opinion whether the two last are not of the same nature in point of law and liable to the same objections etc. Encloses copy of Governor Burnet's Additional Instruction impowering him to cause Representatives to be returned for Hunterdon instead of Salem. Mr. Burnet having obeyed the said Instruction, the Assembly confirmed the same by enclosed Act for vesting the right of election of Representatives to serve in the General Assembly in the County of Hunterdon etc., and suspending the choice of the town of Salem until some further provision be made, 1728 etc. I am to desire your opinion whether the Assembly's taking upon them to confirm what H.M. has done by virtue of H.M. said Prerogative, is not lessening H.M. said Prerogative. [C.O. 5, 996. pp. 257–259.]
May 30.
Kensington.
759. H.M. Instructions to Governor Woodes Rogers, together with Instructions relating to Acts of Trade and Navigation. [C.O. 5, 194. ff 516–602.]
[May 31].760. Petition of merchants trading to St. Christophers, on behalf of themselves and others, to the Council of Trade and Plantations. Pray to be heard against an act of St. Kitts for laying duties upon sugar molasses etc. exported etc., and an act supplying a defect in said Act, etc. as 30th April encl. iii. Signed, Hum. Morice and 16 others. Endorsed, Recd. 31st May, Read 3rd June, 1729. 2 pp. [C.O. 152, 17. ff. 65, 65v, 661v.]