America and West Indies
August 1731, 11-15

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1938

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215-226

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'America and West Indies: August 1731, 11-15', Calendar of State Papers Colonial, America and West Indies, Volume 38: 1731 (1938), pp. 215-226. URL: http://british-history.ac.uk/report.aspx?compid=72581 Date accessed: 01 October 2014.


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August 1731, 11-15

Aug. 11.
Whitehall.
351. Council of Trade and Plantations to the Duke of New-castle. Enclose following to be laid before the King. Annexed,
351. i. Same to the King. In obedience to H.M. commands of 3rd inst., represent that, Altho' nothing be more evident to us than the necessity and good policy of preserving the force of the said regiments to the island of Jamaica by such a reduction as we had the honour to propose etc. (v. 15th July), yet it would be extreamly difficult for us who are at so great a distance to enter minutely into the detail of all that may be requisite for the due execution of our proposal, which must necessarily depend upon various circumstances, only to be known with certainty by those who reside at Jamaica, and are personally acquainted with that country. We beg leave however to represent in general to your Majesty, after having discoursed with some gentlemen well acquainted with the scituation and circumstances of Jamaica, that for many years past there hath not been so good an opportunity as this of encreasing the number of white people in Jamaica nor may such another present itself for some time to come. All the encouragements which either your Majesty's Royal Predecessors or the Legislature of Jamaica have at any time proposed for peopling that island, which from its great extent is capable of supporting a multitude of inhabitants, being 150 miles in length and about 60 in breadth, have hitherto been frustrated by the apprehensions entertained of the rebellious negroes, because no way could be found to make such a settlement as should in its infancy be powerful enough to resist their attempts. It is highly probable therefore, that should your Majesty resolve to disband these regiments, the Council and Assembly of Jamaica will heartily concur in everything that may tend to confirm and improve so great a benefit to their country, by furnishing the soldiers with such utensils and necessaries as may be proper for their establishments : and this may be relied upon with the greater certainty, because the charge arising to the people of Jamaica by fitting out parties to reduce the rebellious negroes is no less at present than 6000l. per ann., and the additional subsistence which they contribute towards the support of the two regiments amounts at least to 10,000l. etc., all which would be saved for the future by making a right use of this opportunity to encrease the number of their white inhabitants at a moderate expence, by which means they may in time become superior either to their foreign or domestick enemies, and the charge of transporting the soldiers back to Europe will be saved to your Majesty. The only caution that seems requisite in the conduct of this matter is, that the Governor of Jamaica should be instructed not to disband the soldiers, before the Council and Assembly have provided for their establishment, and shall have actually settled them to their satisfaction : and as it appears by accounts we have received from Jamaica, that in the last expedition against the rebellious negroes, they were dispossessed of a considerable tract of land of near a mile square, well planted with provisions situated in a country that abounds with wild hogs, fish and fowl; this would seem to us to be the properest place for the reception of the soldiers, as well on account of the plenty of provisions so necessary for the support of new-comers, as because a strong settlement in that part of the country would in a short time become a frontier of great security to the rest of the neighbourhood, be a great encouragement to other people to settle near them, and very much straiten the negroes in their present fastnesses, could not fail to incline them to embrace with greater readiness such proposals as may be made for their removal, if it should be found either impracticable or dangerous to attempt to reduce them to your Majesty's obedience in Jamaica, by force, in which case we would most humbly offer agreeable to what we have had the honour already to propose to your Majesty, that the Govr. should be instructed to enter into a treaty with them for their being transported to some one of your Majesty's uninhabited islands in America. Upon the whole if your Majesty should be pleased to reduce the sd. regiments at Jamaica, after filling up the two Independant Companies there, we humbly conceive that your royal orders should be issued to the Governor for putting the same in execution in such manner as shall be most agreeable to the sentiments of the Council and Assembly there for the security of the said island and for obtaining the ends which your Majesty proposes thereby, it being always understood as aforesaid that the Governor should not disband the soldiers before the Council and Assembly have made an adequate provision for their settlement. And if your Majesty upon disbanding the said regiments or either of them would be graciously pleased to allow the soldiers to keep their arms, it would be a great advantage to the island who we fear have not at present arms enough in their magazines to furnish them. Lastly, as we have been informed that many of the soldiers in these regiments have left their wives and families behind them, we would humbly propose that some of your Majesty's ships of war should be order'd to transport them to Jamaica, either from Gibraltar or elsewhere, by whose means the propos'd settlement will be rendred compleat, and this important island, which from its critical situation in the midst of foreign settlements is of the highest consequence to the trade and welfare of Great Britain, will probably from being very thinly peopled come in time to be well inhabited, which is a point highly essential to the security of your Majesty's Dominions in America, where the French and Spanish settlements daily encrease, as well for preserving the commerce of this Kingdom. [C.O. 138, 17. pp. 336– 343.]
352. Account of the establishment for the two Independent Companies at Jamaica, with a proposal to raise two more companies and to send Lord Rothes's Regiment from Gibraltar to Jamaica. Without date or signature, 1½ pp. [C.O. 137, 47. ff. 86, 86v.]
Aug. 11.353. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Report upon the right to a tract of land between the Rivers Kennebeck and St. Croix and the petitions of Sir Bibye Lake and others and Samuel Waldo and others etc. State case. Have heard Agents and Council on behalf of the parties and H.M. Treasury. Report : [Whereupon] it appears to us, that all the said tract of lands is granted by the Charter to the inhabitants of the [Massachusetts Bay], and that thereby power is given to the Governor and General Assembly to make grants of lands within the said limits, subject to a provisoe that no such grants should be of any force until H.M. etc. should have signified his approval etc. It appears also by the said Charter that the rights of Governmt. granted to the said Province extend over this tract of land. It doth not appear to us that the inhabitants of the said Province have been guilty of any such neglect or refusal to defend this part of the country as can create a forfeiture of that subordinate right of Government of the same, or of such property in the soil as was granted to them by the said Charter ; it being sworn by several of the affidavits that a fort was erected there and for some time defended at the charge of the Province, and that magistrates and Courts of Justice have been appointed within this district, and that one of the Council of the Province hath always been chosen for this division ; and tho' it is certain that this part of the Province hath not been improved equally with other parts thereof, yet considering the vast extent of countrey granted by this Charter, and the great improvements made in several parts of it, we conceive that will not create a forfeiture, because in such cases it is not to be expected that the whole should be cultivated and improved to the same advantage, and whether there hath been such a neglect or non-user of any part as may amount to a forfeiture must be judged of, not upon the particular circumstances attending that part only, but upon the circumstances of the whole. And if the Province had incurred any forfeiture in the present case, no advantage could be taken thereof but by a legal proceeding by scire facias to repeal their Charter, or by inquisition finding such forfeiture. As to the question stated in the case upon the effect of the conquest of this tract of countrey by the French, and the re-conquest thereof by General Nicholson, we conceive that the said tract not having been yielded by the Crown of England to France by any treaty, the conquest thereof by the French created according to the law of Nations only a suspension of the property of the former owners and not an extinguishment of it, and that upon the re-conquest by General Nicholson all the ancient rights both of the province and of private persons, subjects of the Crown of Great Britain, did revive and were restored jure post liminii. This rule holds the more strongly in the present case in regard it appears by the affidavits that the Province joined their forces to those which came thither under General Nicholson in this service. For these reasons we are of opinion that the said Charter still remains in force, and that the Crown hath not power to appoint a particular Governour over this part of the Province, or to assign lands to persons desirous to settle there; nor can the Province grant these lands to private proprietors, without the approbation of the Crown according to the Charter. As to the case of the petitioners, who insist upon particular titles in themselves to certain parcels of land lying within the district in question, etc., we find by the deeds etc. produced by them, that several of the petitioners and those under whom they claim have had conveyances made to them of several of the said parcels of land, some from the Council of Plimouth, which was constituted by Charter in the reign of James the first and whose grants are confirmed by the Charter of King William and Queen Mary, and others from Indians pretending to be owners thereof, under which grants large sums of money appear by the affidavits to have been laid out in endeavouring to settle and improve the lands therein comprized, several of which sums were expended not many years agoe particularly a sum of 2000l. by Sir Bibye Lake in 1714, and other sums by others of the petitioners in 1719 and 1720. And tho' these settlements and improvements have been in great measure interrupted and defeated by frequent wars and incursions of the Indians, yet several of the petitioners or their tenants appear to be still in possession of some parts of the said tract of land. Some objections were made before as to the nature of the grants and conveyances under which the petitioners claimed, and to the manner of deducing down their titles ; But we conceive that in questions of this kind concerning rights to lands in the West Indies, and upon enquiries of this nature, the same regularity and exactness is not to be expected as in private suits concerning titles to lands in England, but that in these cases the principal regard ought to be had to the possession, and the expences the partys have been at in endeavouring to settle and cultivate such lands. Therefore upon the whole matter, we are of opinion that the petitioners, their tenants or agents ought not to be disturbed in their possession or interrupted in carrying on their settlements in the lands granted to them within the district in question. Signed, P. Yorke, C. Talbot. Endorsed, Recd. 14th Aug., Read 1st Sept., 1731. 23½ pp. Enclosed,
353. i. Case of claim of the Massachusetts Bay to the tract of land referred to in preceding, 2¾ pp.
353. ii. Petition of Sr. Bibye Lake to the King, relating to the right to land near R. Kennebeck, where Col. Dunbar has lately made a settlement. Endorsed, Recd. 13th May, 1731. Copy. 10½ pp.
353. iii. Petition of Samuel Waldoe etc. to the King, relating to the right to land near R. Penobscot, where Col. Dunbar has recently made a settlement. 13 ¼ pp.
353. iv. Deposition of Jeremiah Dunbar, 7th Jan., 1730 (1731). In January last he travelled, as Depty. Surveyor of H.M. Woods, a great many miles between R. St. Croix and R. Kennebeck, and did not see one house or anything done towards improving and setling the said country, except what was built and done by the several familyes which went over thither with Col. Dunbar in Oct. 1729 etc. Signed, Jer. Dunbar. 2/3 p.
353. v. Deposition of Jeremiah Dunbar, 26th Jan., 1730 (1731). In Jan. last deponent received following paper from Col. Dunbar, and believes that unless the lands between St. Croix and Kennebeck rivers are speedily allotted to them, they will leave etc. Signed, Jer. Dunbar. 2/3 p.
353. vi. Petition of setlers on E. side of Kennebeck R. to Col. Dunbar, "Commander and Settler of H.M. Provance of Georgia." Pray him to grant them a township E. of Kennebeck R., to be laid out this fall, that they may make clearings and be ready to plant and build houses in the spring etc. 44 signatures. 1¼ pp.
353. vii. Deposition of Thomas Coram. Jan. 7th 173 0/1. Narrates history of the fort at Pemaquid etc. and the taking and retaking of that tract of land v. C.S.P. supra. 3 pp. Signed, Thomas Coram. 3 pp.
353. viii. Deposition of Sir Bibye Lake. 4th Feb., 173 0/1. Succeeding with Josiah Walcott and Col. Hutchinson to the lands (described) purchased of the Indians, E. of Kennebeck river by Major Thomas Clark and Capt. Thomas Lake, they, in 1714, sent over John Watts to settle 100 families there. Deponent advanced 2000l. to Watts for that purpose, who died after building several houses and settling upwards of 20 families there. Mr. Penhallow, marrying his widow, looked over the said settlements in the best manner he could till the Indians destroyed them in 1720, except a house or fortification made by Mr. Watts, being repulsed after many attempts to destroy it. This house, together with some others defended by it, is now standing. 11¼ pp.
353. ix. Deposition of James Alford, late of Boston but now of London, merchant, Ebenezer Wentworth of Portsmouth, N.H., now in London, and William Wentworth, ditto, shipwright. The French never made any settlement or improvements on the land between Kennebeck river and Nova Scotia. Alford, who was born in Boston and lived there for 30 years till 1728, says there was constantly chosen every year one Councillor for Sagadahock etc. It was owing to the constant wars with the Indians that the Eastern parts of Massachusetts Bay are not settled, etc. Signed, James Alford, Eben. Wentworth, William Wentworth. 1½ pp.
353. x. Deposition of John Blower, Capt. of one of H.M. Independent Companies at Plymouth, James Erskine, Lt. in Col. Phillips' regiment, and James Alvord (v. No. ix). 13th Jan., 173 0/1. Four regiments raised in New England, but principally by the Massachusetts Bay, took part in the expedition against Port Royal in 1710 etc. Signed, John Blower, James Erskine, James Alford. 1 p.
353. xi. Deposition of Joshua Winslow, of Boston merchant, now residing in London, 21st July, 1731. Deponent accompanied Governor Shute, 1718, into the eastern parts of N.E., to ratify a peace with the Indians at Arrowsick I. He saw there about 40 very good houses, inhabited by English families, one of which was a very strong fortified and walled brick house planted with cannon, in which were placed soldiers commanded by a Captain in the pay of the Province. He understood that all the said families held the same under some grant from Sir Bibye Lake and Col. Edwd. Hutchinson and Joshua Winslow. 2½ pp.
353. xii. Deposition of Samuel Penhallow, late of N.H., merchant, and now residing in London. 22nd July, 1731. Confirms Nos. viii and xi. In 1718 deponent visited his brother, Capt. John Penhallow at the town of Augusta, als. Smallpoint, who was Justice of Peace and commanded the fort of the said town, and went with him about 7 miles by land to the river Kennebeck which they crossed to Arrowsick Island, where they went to a well fortified brick house then in the possession of Eliza Watts, widow, and did also view the town (called George Town) there, consisting of about 40 very good dwelling houses some of which were garrisoned. Capt. John Penhallow has since married the Widow Watts and commanded the said fortified brick house, wherein were placed a number of soldiers under the pay of the Massachusetts Bay. Deponent saw some cattle there belonging to the inhabitants, who held under a grant from Sir B. Lake etc. Signed, Samuel Penhallow. 3¾ pp.
353. xiii. Deposition of William Clarke of Boston, Gentleman, now residing in London. 20th July, 1731. Deponent accompanied Lt. Gov. Dummer in 1726 into the Eastern part of N.E., when he went to ratify a peace with the Indians etc. At Arrowsick I. he saw about 20 very good dwelling houses, inhabited by English families) etc. Corroborates preceding. He saw the ruins of a great number of houses in George Town, destroyed by the Indians in the last war. Deponent also visited a place called Richmond, N. of Arrowsick I., on the River Kennebeck, where he saw a large fort or garrison house fortified with 10 cannon and a number of English or New England soldiers commanded by Capt. Joseph Heath in the pay of the Massachusetts Bay. Signed, William Clarke. 3½ pp.
353. xiv. Deposition of Ebenezer and William Wentworth (v. No. ix). 26th Jan., 173 0/1). The warrs with the Indians were continuous and bloody, but in the intervals attempts at settlement were made by the inhabitants of the Massachusetts Bay etc. William, brother of Ebenezer, lived with Elihu Guninson, a noted shipwright, at a late town called Sheepsgutt near Pemaquid about 40 years since etc. Signed, Ebenezer Wentworth, William Wentworth. 1¾ pp. [C.O. 5, 873. ff. 84–96, 97, 98, 100–112v., 113v., 114, 115, 116, 117–118, 119, 121–128, 129–130, 131–135v.,136v.]
Aug. 12.
Hampton
Court.
354. Order of King in Council. Approving draught of Instruction to Governor Belcher to pass the Act for granting 5,400l. for the support of H.M. Governor etc. Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 1 p. [C.O. 5, 873. ff. 137, 138v.]
Aug. 12.
Hampton
Court.
355. Order of King in Council. Referring to the Council of Trade and Plantations for their report thereon 18 acts passed in the Massachusetts Bay, Feb.–April, 1731, and delivered to the Clerk of the Council in waiting. Signed, Ja. Vernon. Endorsed, Recd. 24th, Read 26th Aug., 1731. ¾ p. Enclosed,
355. i. List of following Acts, under the public Seal. Boston, 14th May, 1731. Signed, J. Belcher, J. Willard, senr. 2 pp.
355. ii. Acts referred to supra. Printed. 2 pp. [C.O. 5, 873. ff. 70, 71, 71v., 73—82v., 83v.]
Aug. 12.
Charles
Town.
356. Governor Johnson to the Duke of Newcastle. Encloses answer relating to the executorship of one Albert Muller as required by Lord Townshend, 9th Dec. 1729. Continues: It gives me great pleasure I have been able to obey your Grace's commands in procuring from the General Assembly Mr. Fury's being appointed Agent for this Province, with a sallary of 100l. a year. I am sorry I was not able to procure for him more than the last Agent had etc. Will send publick transactions at conclusion of Sessions. Signed, Robt. Johnson. Endorsed, R. Oct. 15th. 1 p. Enclosed,
356. i. Andrew Allen to Governor Johnson. 29th May, 1731. An account of the administration of the estate of Albert Muller, who under a patent of naturalisation in 1727 purchased a house in Charlestown etc. 1 p. [C.O. 5, 388. ff. 36. (Nos. 10, 11.)]
Aug. 12.
Hampton
Court.
357. Order of King in Council. Ordering establishment of office fees for the Board of Trade, (v. 19th May), the Secretary and Clerks to receive no other gratuities. Set out, A.P.C. III. No. 236. Signed, Ja. Vernon. Endorsed, Recd. 24th, Read 26th Aug., 1731. 1¾ pp. Enclosed,
357. i. Schedule of fees for Board of Trade, v. A.P.C. III. No. 236. 1 p. [C.O. 388, 80. Nos. 9, 9 i.]
Aug. 12.
Hampton
Court.
358. Order of King in Council. Governor Rogers is to deliver up the bond entered into by Governor Phenney etc. to be cancelled etc. (v. A.P.C. III. p. 318). Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 4½ pp. [C.O. 23, 2. ff. 253—255, 256v.]
Aug. 12.
Hampton
Court.
359. Order of King in Council. Approving reports of Committee and Board of Trade and empowering the Governor of New York to make a grant of "the Swamp" to Anthony Rutgers etc. v. A.P.C. III. No. 227. Signed, Jas. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 1¾ pp. [C.O. 5, 1055. ff. 196, 196v., 197v.]
Aug. 12.
Hampton
Court.
360. Order of King in Council. Approving reports of Committee and Board of Trade, and repealing Act of New York to prevent the taking or levying on specialtys more than the principal interest and cost of suit etc. Signed and endorsed as preceding. 1½ pp. [C.O. 5, 1055, 198, 198v., 199v.]
Aug. 12.
Hampton
Court.
361. Order of King in Council. Approving report of Council of Trade and Plantations and repealing act of Pennsylvania for the establishing of Courts of Judicature etc. Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 1¾ pp. [C.O. 5, 1268. ff. 19, 19v., 25v.]
Aug. 12.
Philadelphi.
362. Mr. Browne to Mr. Popple. Major Gordon and I have within these few days finished the examinations of witnesses etc. He refuses to give me an answer to my charge, and says these depositions are a sufficient one. However I am preparing some remarks etc. which I doubt not will fully evince the greater part of the depositions of his side to be entirely foreign to the purpose; and that by the cross examinations on my part they will also appear to be false in every materiall article. Major Gordon took up three months to do what I presume I refuted in two days, and I cannot apprehend what he means by the load of papers you will receive from him, unless to prevent their being read etc. I wait for the opinion of Councill on a clandestine proceeding in Chancery against me, of wch. I was acquitted without knowing it, and could not obtain a copy thereof till within these few days. Prays that the arrival of his remarks may be awaited etc. Signed, J. Browne. Endorsed, Recd. 12th Nov., 1731, Read 3rd May, 1732. Holograph. 2 pp. [C.O. 5, 1268. ff. 82, 82v., 86v.]
Aug. 12.
Hampton
Court.
363. Order of King in Council. Approving representation on Act of Virginia for amending the staple of tobacco and ordering it to lye probationary, the Lords of the Committee being reported that" the subject matter of this act is of very great consequence, as it relates to so principall a branch of the Plantation trade, as that of tobacco, in which great numbers of your Majesty's subjects are concerned, and as it is not certain whether it may tend to the encreasing or lessening of your Majesty's revenue upon that commodity" etc. Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 1¾ pp. [C.O. 5, 1322. ff. 179, 179v., 180v.]
Aug. 12.
Hampton
Court.
364. Order of King in Council. Approving representation on Act of Virginia for continuing a part of an act for laying a duty on liquors etc., and repealing it accordingly. Signed and endorsed as preceding. 2 pp. [C.O. 5, 1322. ff. 181, 181v., 182v.]
Aug. 12.
Hampton
Court.
365. Order of King in Council. Approving report of the Committee for Plantation Affairs (23rd July), and disallowing the Act of Antigua of 1728 to supply the defects of the Act for constituting a Court of Chancery in the absence of the Commander in Chief from the island etc. The Committee reported that they had been attended by Counsel on the petition of the traders to Antigua, and examined some of the inhabitants as to the necessity of such an act, but agreed that there had not been laid before them sufficient reasons for differing in opinion from the Board of Trade. They recommended, for the reasons advanced by the Board, that an Instruction be given to Governor Cosby to recommend to the Assembly the passing an act to repeal so much of the Act of 1715 as restrains the power of the Crown herein, and another Instruction for redressing the inconveniencys complained of as soon as the Assembly shall have past the act of repeal. Instructions were ordered accordingly. Set out, A.P.C. III. pp. 322—325. Signed, Ja. Vernon. Endorsed, Recd. 24th, Read 26th Aug., 1731. [C.O. 152, 19. ff. 69—70v., 72v.]
Aug. 12.
Hampton
Court.
366. Order of King in Council. Repealing above act of Antigua (1728). Signed, Ja. Vernon. Endorsed, Recd. 8th, Read 21st Sept., 1731. 2 pp. [C.O. 152, 19. ff. 72, 72v., 73v.]
Aug. 12.
Hampton
Court.
367. Order of King in Council. Referring following to the Council of Trade and Plantations to examine and report their opinion thereupon. Signed, Ja. Vernon. Endorsed, Recd. 21st, Read 24th Aug., 1731. l½ pp. Enclosed,
367. i. Petition of several merchants of the City of London, in behalf of themselves and others trading H.M. Colonys and Plantations in America, to the King. They have great sums due to them from the inhabitants, and as the laws now stand in some of the Colonys and Plantations, H.M. subjects residing in Great Britain are left without any remedy for the recovery of their just debts, or have such remedy only as is very partiall and precarious, whereby they are like to be considerable sufferers in their property and are greatly discouraged in their trade to America. In severall of the said Colonys and Plantations greater and higher dutys and impositions are laid on the ships and goods belonging to your petitioners and other persons residing in this Kingdom than are laid on the goods and ships of persons inhabiting the said Colonys etc., to the great discouragement of the Navigation of Great Britain etc. Pray for relief. Signed, Rd. Harris, Micajah Perry, Hum. Morrice, and 29 others. Copy,1¾ pp. [C.O. 323, 9. ff. 68—69v., 71v.]
Aug. 13.
Charles
Town.
368. Governor Johnson to Mr. Popple. Sr. I have received your favour of the 8th of April last and entertain the advice you give me, as I am very well persuaded you mean it as my friend and for my service, and shall in due time recommend to the Assembly what their Lordships of Trade have commanded me, in relation to the summons instead of a capias; thô I cannot give great hopes they will be prevailed on to alter the law from the present practice of a capias to a summons; which is indeed (thô so called) no other than a capias, only with this difference, that it brings the defendt. into Court thô not personally served, but by leaving at his habitation, which was attended by many abuses; many people having had judgments obtain'd against them, without knowing they ever had been summoned; and consequently in no capacity of making their defence, for oportunitys were taken when people were abroad (perhaps at the Charekie mountains) to thrust a summons under a person's door, and the Marshal swearing he left the summons at the party's dwelling house, was sufficient to proceed against the defendt. ex party; and so judgmt. went against him for what was charged in the writ, which was always double the debt, and many times actions only of mallice to prejudice anothers credit. The first process in the Courts here were from the first settlement until the year 1713, by a capias only, as in England, when a law was made to proceed by a summons, being limited to two years, it then returnd to the old way of a capias, and so continued until 1720, when the summons law was again revived, but the aforementioned inconveniencies being found in it, it was again repealed in 1726 and so continues. What their Lordps. mean by the first process in England being supposed to be a summons is (I suppose) no other than a demand of the debt; but here the summons was a copy of the capias or writ, which being left at the house of the defendt. was to have the same effect as the writ personally served; which I am afraid the people here will never again consent to. The Assembly of both Houses have now passd a law for regulating the Jurys, in which was proposd to be a clause obliging the plaintiff to try his suit against the defendt. at the Precinct Court where the defendt. lived; which was the law and with great difficulty has been thrown out of the bill; and the action is now triable where the plaintif pleases; which has very much lessend the authority of the precinct Courts, to the great satisfaction of the merchants, and trading people here, and will be of great ease and advantage to the Marshall, in the execution of his office, with which I hope they will be satisfyed at present, and they may be assured I shall impartially espouse their interest when it is founded on justice and publick credit. The sessions is now almost at an end at the conclusion of which I shall do myself the honour of acquainting their Lordships with what has been transacted, which I hope will be to their satisfaction. I shall on all occasions shew a due regard to any of your friends, and endeavour to convince you that I am, Sr., Your most humble servant, signed, Robt. Johnson. Endorsed, Recd. 16th Oct., Read 16th Nov., 1731. 2 pp. [C.O. 5, 362; and (abstract) 5, 406. fo. 28, ff. 38, 38v., 39v.]
[Aug. 15].369. R. Mountague to Mr. Delafaye. On behalf of Governor Rogers. Communicates proceedings against Mr. Colebrooke etc. (v. 10th June), and in case any complaints are made, proposes to acquaint him with details of his offences, etc. Signed, R. Mountague. Endorsed, Aug. 15, 1731. Addressed,pp. [C.O. 23, 14. ff. 195, 195v., 196v.]