America and West Indies
October 1721, 1-14

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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456-465

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'America and West Indies: October 1721, 1-14', Calendar of State Papers Colonial, America and West Indies, Volume 32: 1720-1721 (1933), pp. 456-465. URL: http://british-history.ac.uk/report.aspx?compid=74127 Date accessed: 21 April 2014. Add to my bookshelf


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October 1721, 1-14

Oct. 1.
Cansoe.
676. Governor Philipps to the Council of Trade and Plantations. Acknowledges letter of 28th Dec. 1720, "for which I returne your Lordships my hearty thanks" etc. Nothing is capable of giveing me more sensible satisfaction than to find that my endeavours for the good of this country have mett with your Lordships' approbation. It was an agreeable surprise to find this place in such a flourishing way much beyond expectation after the disturbance of last year which would have been broke up for good had I not then placed a detachment here, which I have reinforced now with two company's, which I was to have drawne from Placentia, so that my good neighbours at Cape Breton seem to give up their pretention of right: and talk only of it's being a place neutrall. But I must desire your Lordships to look upon it in another view, as the place of greatest cons[equence] in all these parts, not only in respect to the fishery which will exceed everything of that kind that has been known but as the best prospect of setling the Province, from whence people will by degrees extend themselves along the coast, but this must be the lure and without Cansoe I may denounce the settlement will advance but slowly therefore your Lordships will judge how much this place ought to be encourag'd, and in my humble opinion, nothing will contribute more towards its advancement, than permitting it to be a free port for three or four yeares. My arrival here gave a general joy being taken as a good presage of the Government's resolution to assert its right. And to confirme the opinion the more, I have determin'd to pass a bad winter here, without the necessarys of life, which hinders me from being more particular to your Lordships, my papers being left at Annapolis Royal. I must begg leave to remind your Lordships, for the last time, that I remaine under an incapacity to receive familys, and begin the settlement. There are several that offers at this time, but your Lordships, who drew my Instructions knowes the extent of my power etc. When the Surveyor shall arrive, it will necessaryly take up two or three yeares time before he can make any progress in the buisness, therefore if a reserve (in every settlement to be made) of all woods fitt for the use of the Royall Navy, may not answer the ends of a survey, and save time I submit to your better judgments in the mean time I have made dispositions of small plotts of ground and little rocks or Islands in this harbour for the conveniency of the fishery, which I have promised to confirme. I am in hopes the officer who will have the honour to deliver you this, will be dispatched early in the spring with your Lordships Instructions upon every necessary point, etc. Signed, R. Philipps. Endorsed, Recd (from Capt. Henry Daniel), Read 18th April, 1722. 6 pp. [C.O. 217, 4. ff. 45–48v.; and (abstract, with marginal notes for reply) 217, 30. p. 15.]
Oct. 3.
Kensington.
677. H.M. Commission to Governor the Duke of Portland, revoking that of Sir N. Lawes. Countersigned, Carteret. [C.O. 5, 191. pp. 207–221.]
Oct. 4.
Whitehall.
678. Council of Trade and Plantations to Lord Carteret. Reply to Sept. 27th. q.v. We have reconsidered our letter of 14th Sept., concerning Tobago, and having discours'd with some persons vers'd in the Plantation settlements, we are of opinion, First, that no more than 300 acres of land, or less than 15, be granted to any one person, or to any in trust for him, and that no patentee be allowed to purchase any lands of other persons more than what shall make ye land he holds by patent 300 acres. And 2ndly, that each patentee be oblig'd to cultivate every year one acre in every fifty, as is requir'd by the grants at New York and Virginia, and so in proportion for any quantity. We must further observe that it will be necessary among other regulations, that every patentee be obliged for every 40 acres to keep one white man or two white women, within a year after the date of their grant, and one white man or two white women for every 20 acres three years after the said date, as was propos'd by this Board in their regulations for the settlement of St. Christophers. [C.O. 29, 14. pp. 244, 245.]
Oct. 5.
Virginia.
679. [    ] to Mr. King, a merchant at Bristol. I have long since promised you an account of the management of affairs etc. Our Governour never yet agreed with any Assembly, except that one that made the stamping tobacco law, which gave him all things asked, and he their Agents places to pick our pockets, but by a good Providence we were delivered from them at the same time the Nation was from Popery and slavery on a certain first day of August etc. His high flown principles and proud ambitious temper has made him treat all other Assemblyes more like footmen then Representatives of the body of the country whenever they opposed him which made the differences run high, and the Council met with the same treatment, which engaged all people into parties as Court and Country. To support his cause tooles were pitched to make up Grand Juries to deliver fulsome Addresses to the Governour and abuse the Councill and Assembly. The same tooles made Addresses from the Court and even to engage every barefooted fellow to signe Adresses from the Counties but all this availed nothing. Collo. Bird was acting at home for the Assembly, and Council thought the Governour would never pass a book of claims from the Assembly that had anything in it given to Bird. The Lords Orkney Argyle and other great men were willing to reconcile matters with him, and the Country and Collo. Bird was to motion the matter and the Governour was to give up the great points in dispute, and advised by the great men to part with all but his honour for peace sake, but his answer to Bird's message was, that his terms were too insolent to be complyed with, and nothing was talked of but caining and kicking but all went off with a little short raillery when Bird and he met; His little mistress was just then arrived from an embassy from Brittain. That he must accept these terms or out for Coll. Bird had nothing to do but to return and report his non acceptance of the noblemen's propositions and then he would be out which made him cloudy for some time but then he began to play his old game of dissimulation and when they least thought of it he melted them with a most humble desire of peace and friendship and would agree with them in all things and saluted them with a Judas's kiss, and came from the Council Chamber to the Barr, and saluted Mr. Holloway [Speaker of Assembly, Ed.] who had also been his enemy. This humble disposition was agreable to all, and there were great rejoycings etc. throughout the Towne for this sudden and unexpected reconciliation. The next thing was to get an Assembly of his old creatures, and then he would not value his new friends again. The Militia was put into their hands tho' most rank Tories and enemies to the Government, and Militia Comissions flew about to every fellow that could make two or three votes and as it was expressed in one of his letters he gave the power to his friends to make a discreet use of and indeed never fouler play was by men, than at most of our elections but they lost the majority in the house to the Governour's great mortifications etc., and the Militia Officers have ever since plagued the people for it by unavoidable fines, but since he could not get an Assembly of his own it was but playing the same part with them as he had with the Council and cajole them with a fine reconciling speech and assemblies of musick dancing feasting etc. which took and by the help of some of his friends got from them a fine flattering address calling him the great, the good, the just, the wise Governour etc., which he thought bound them and established himself at home. Then he plai'd his game, to monopolise the frontier lands and cheat the Crown. He got them to address the King to send an hundred soldgers to guard the two passes of the mountains, tho' there is no such thing there and to give the right of taking up such lands which is five shillings for every 50 acres, and to give the quit rents for 10 years, also perswaded the Assembly to make the frontiers on our River a new county called Spotsilvania and to give £1000 out of the Treasury to buy armes, build a Courthouse and Church the first of which is in one roome of his owne house, and to cloak this the better another county is to be at the head of James River but as yet is onely in imagination; then he getts the Assembly to make a law for the easie seating and saving such great quantities of land as he intends to have, which is effectually done. When all was secured he prohibits the Surveyors from making surveys for any person, and the lands that he and his Company held before by surveys, as the mine tracts where the iron works are is 19,000 acres, the Alexandrum also his own, the Spotsilvania much greater than the rest is now surveyed to come within the new Law and the bounds extended as farr as they can go for the mountains. A person who knows it well tells me it is 30 miles in length and several in breadth, in all supposed to be 200,000 acres. This amazes the country to see such a cheat upon the Crown, the poor people that would settle it cannot come in, those that has had surveys and better rights has them taken away etc. Endorsed, Recd. (from Mr. Gee), Read 9th Jan., 172½. 21/8 pp. [C.O. 5, 1319. No. 12.]
Oct. 5.
Whitehall.
680. Council of Trade and Plantations to Lord Carteret. Enclose following (v. 23rd Aug.). Annexed,
680. i. Same to the King. Enclose draught of H.M. Instructions for Lt. Governor Hope. The Instructions "are in the usual form except some alterations made in Articles 9–11, 18–22, 24, 25, 27, 31, 43, 52–54, 68, 69, 81–83, and 89, pursuant to what your Majesty has been pleas'd to approve of in the Lord Belhaven's and Col. Hart's Instructions for which we gave our reasons to your Majesty in a representation of the 8th of the last month. We have omitted the latter part of the 26th Instruction which allow'd the Lieut. Govr. to receive rent for a house until one be built for him, because we find that there is now a house built there pursuant to an Act pass'd in those Islands in 1698. In obedience to your Majesty's particular commands signify'd to us by the Lord Carteret's letter of the 6th of the last month we have added at the end of Col. Hope's 27th Instruction a permission for him to receive such addition to his salary as the Assembly there shall think fit to make under the restrictions therein mention'd. And in obedience to your Majesty's further commands signify'd by an Order of Council of the 26th of the last month we have alter'd the 58th and 62nd Instructions relating to the Bishop of London's certificate for Ministers and licences for Schoolmasters pursuant to the said Order. We also take leave to lay before your Majesty the draught of the usual Instructions particularly in relation to the Acts of Trade and Navigation," etc.
680. ii. Draught of H.M. Instructions for Lt. Governor Hope.
680. iii. Draught of Instructions in pursuance of Acts of Trade and Navigation. [C.O. 38, 7. pp. 390–458 (b)]
Oct. 6.
St. James's.
681. H.M. Warrant for letters patent to William Monk as Attorney General at Jamaica and revoking that of Edmund Kelly. Countersigned, Carteret. Copy. [C.O. 324, 34. pp. 72, 73.]
Oct. 6.
Whitehall.
682. Mr. Popple to Horatio Walpole. Upon an Order of of 2nd Oct., Council desires him to move the Lords Commrs. of H.M. Treasury, for 40 copies of the Act for the further preventing H.M. subjects from trading to the East Indies under foreign Commissions etc., to be sent to Governors of Plantations. [C.O. 324, 10. pp. 436, 437.]
Oct. 6.
Charles Town, South Carolina.
683. Governor Nicholson to the Council of Trade and Plantations. Refers to letter of 19th July and encloses copy of an Act for recognizing King George, with a list of other Acts and Ordinances past by the Assembly. Continues: One of the Ordinances is for appointing two Agents a copy of which is herewith sent to your Lordships and by these Agents (God willing) will be transmitted to your Lordships the Acts and Ordinances under H.M. Great Seal with the copys of the Journall of both houses and likewise the Journall of the Council and other publick papers which are now prepareing but I meet with a great deal of difficulty in getting persons quallifyed for writeing. The Agents will have it in their Instructions to wait on your Lordships and receive your commands. They sail the 16th inst. etc., but Capt. Taylor sailing now I thought it incumbent upon me to send your Lordships the enclosed papers by which your Lordships may please to see how we began and ended the Assemble. The copys of the papers concerning Col. Barnwell the Alatamaha River and Fort King George they will informe your Lordships of the state of that affair and after I have dispatcht the Agents I design God willing to goe to those parts etc. I have not been able (very much contrary to my inclination) to goe three mile out of this town either by land or water etc. Your Lordships will conclud I must have met with a great many difficulties in settling the Governmt., a full account of which will be given your Lordships by Mr. Yonge of what was done in Council, and by Mr. Lloyd of what was done in the Lower House of Assembly etc. Mr. Lloyd was once Secretary to Mr. Craggs in the Post Office etc. 'Tis generally observed that since H.M. hath taken this country and Governmt. it hath been very seasonable weather, but before we arrived they very much wanted rain that made them fear they should have had but mean cropps either of rice or corne and it pleased God that soone after H.M. Commission was published we had a good deale of raine and we ever since have had very fine and seasonable weather now is the rice harvest both rice and corne proves very good and if it please God the weather continues but one fortnight longer the rice will be all in, of which we talk of making 30,000 barrills this harvest, etc. P.S. Landgrave Morton one of H.M. Council dyed about a month agoe. But by the Agents I shall send your Lordships a list of 12 persons fitt to be of H.M. Council. Signed, Fr. Nicholson. Endorsed, Recd. 9th Jan., 1721, Read 17th April, 1722. 3 pp. (Enclosures missing). [C.O. 5, 358. ff. 109–110v.; and abstract, with notes for reply, 5,406. pp. 3, 4.]
Oct. 7.
Whitehall.
684. Lord Carteret to Governor Hart. It having been represented to the King, that the losses sustain'd by the inhabitants of Monserrat on account of the descent made by the French in 1712, have in a great manner impoverished and dispeopled the same, many of the sd. inhabitants having been obliged thereby to withdraw their persons and effects, in order to settle in other parts, H.M. being willing to prevent the farther desertion of the inhabitants, and to encourage those, who have already deserted, to return and resettle there, is pleased to declare his intention of using his most earnest endeavours with the most Xtian King that the XIth Article of the Treaty of Utrecht, so far as it relates to the Island of Monserrat may be duly executed, in order to have justice done to the sufferers for their losses occasioned by the above mention'd descent. And to the end this H.M. gracious intention may have a due effect, you are hereby directed to communicate the same to the Council and Assembly of the sd. Island, and to make it known in such manner as you shall judge proper, to all other H.M. subjects whom it may concern. Signed, Carteret. [C.O. 324, 34. pp. 73–76.]
Oct. 7.
Whitehall.
685. Same to Same. It having been represented to the King that the inhabitants of Nevis one of the Leeward Charibbee Islands, suffer great uneasiness on account of a former capitulation between M. d'Iberville and the inhabitants, in 1706, and that they apprehend the demands founded on the sd. Capitulation may be unjustly made upon them by the French; H.M. being willing to remove any such apprehensions from the minds of the inhabitants, and to encourage them to remain in the quiet and peaceable enjoymt. of their possessions in the sd. Island, is pleased to declare His intention of supporting them in their just rights, and of affording them all due succour and protection on account of the abovementioned demands. And to the end this H.M. gracious intention may have a due effect, you are hereby directed to communicate the same to the Council and Assembly of the sd. Island, and to make it known in such manner as you shall judge proper to all other H.M. subjects whom it may concern. Signed, Carteret. [C.O. 324, 34. pp. 76–77.]
Oct. 8.
Whitehall.
686. Order of Council. Approving Instructions for Lt. Governor Hope (v. 5th Oct.). Signed, Edward Southwell. Endorsed, Recd. 23rd, Read 24th April, 1722. 1¼ pp. [C.O. 37, 10. No. 23; and (duplicate, signed, Temple Stanyan) 5, 191. p. 307a.]
Oct. 11.
Barbados.
687. Mr. Cox to the Council of Trade and Plantations. Since my last, very little material has happen'd etc., except the following particulars. The restor'd Members of Council still persist in refuseing to act with the Assembly etc. I lately received a very flaming complaint against Mr. Sutton in two petitions etc. enclosed, and I order'd it to be heard before myself in Council, that Mr. Sutton might have an oppertunity of makeing his defence. But through the artifices of the said Members of Council, they have contriv'd to avoid makeing a Board, though twice specially sumon'd, I have call'd them againe to meet to-morrow etc. I have carefully search'd all the Council Books of Barbados, and cannot find the Order of his late Majesty King William reffer'd to in the 34th clause of my Instructions enter'd therein, and humbly offer it as my opinion that a fresh copy of the said Order be transmitted hither. I must according to the directions in the said 34th clause observe to your Lordships that the makeing indebted persons either Chief Judges or Assistants Judges in the Precints where they live and of course in the Court where they are to be sued is of very ill consequence and tends to the obstruction of Justice etc. I have received a complaint against William Carter Esq. a Member of Council for threatening as he was a Judge of the Court of Chancery to give a cause against one William Bayley for not voting for ye said Carter's brother. But I have done nothing therein, except ordering Carter to answer it, nor shall I do anything therein but by and with the advice and consent of Council. Depositions enclosed. The dayly ill treatment I meet with from the restored Officers makes me impatiently wish for the Lord Bellhaven's arrivall. They indeed report and perhaps may endeavour to raise a clamour in England as if I intended to displace all of them again, and indeed by their conduct they seem to wish for it, and provoke me to do it, But I assure your Lordships I have no such intentions how just so ever my reasons may be, being determin'd so farr as is consistent with the preservation of the Prerogative and the administration of Justice to let them continue not doubting but that my Lord Bellhaven when he finds the Millitia in such a shatter'd condition, and our Courts of Justice compos'd for ye most part of persons of scandalous charracters more in debt then they are worth, will redress these grievances of our poor Country. Refers to escape of illegal traders. v. 23rd Aug., "throw the conniveance of the two gunners at Charles Fort whom I have therefore displaced. The conduct of ye Custom House Officer Mr. Gibbes on this occasion gives me just ground of suspect that he was concern'd in that escape, and the Collector Mr. Lascells since his arrival has been so farr from concuring with me in the prosecution, that he does all he can to retard and obstruct it, and refuses to come to me altho' I have sent for him." Signed, Saml. Cox. Endorsed, Recd. 4th Dec., 1721, Read 11th Jan., 172½. 2pp. Enclosed,
687. i. Petition of Joseph Fowle, junr., and Francis Lee to Samuel Cox, President of the Council. Petitioners obtained judgements against William Chearnley, two of whose negroes were sold by auction to Willoughby Duffey. The purchase money was not paid by him within twenty days, according to law, but upon his petition Judge Sutton quashed the outcrys and all proceedings thereon on pretence that the said negroes were the slaves of William Chearnley father of sd. Chearnley and therefore first liable to his debts etc. Chearnley was only entitled to one third part of his father's estate by his will. The title of the purchaser ought to have been tried by jury, and Scrutton acted ultra vires, whilst the purchaser had his remedy in law against W. Chearnley, jr. Pray for relief. Signed, Joseph Fowle junr., Francis Lee. Ordered to be heard before President and Council at next sitting. Signed, Sam. Cox. 10th Oct. 1721. Same endorsement. 2¼ pp.
687. ii. Deposition of John Smith. 11th Oct, 1721. In Aug. 1720 William Carter, then a Member of Council, promised, through deponent, to vote for William Bayly (who married the sister of deponent's wife) at the Council board in his case against James Cecil, if Bayly would vote for John Carter and Thomas Spencer to be Assemblymen etc. Signed, John Smith. Same endorsement. ¾ p.
687. ii. Deposition of Antipas Treasure. 11th Oct., 1721. Deponent heard William Carter threaten William Bayly (v. preceding), that he would do his endeavour to put James Cecill into possession of Bayly's land before the time of the election. Bayly answered that he should be a freeholder for all that. Signed, Antipas Treasure. Same endorsement. ½ p.
687. iii. Deposition of Mary Tyldesley. 11th Oct. 1721. To same effect as Nos. ii., iii. Signed, Mary Tyldesley. Same endorsement. ¾ p.
687. iv. Deposition of William Bayly of St. Thomas' parish, planter, 2nd Oct., 1721. Carter (v. preceding) said he had served Cecil before and would serve him again etc. Deponent believes Carter bears him ill will, because he always refuses to vote for him and his friends etc. Signed, Will. Bayly. Same endorsement. 1 p.
687. v. Petition of plaintiffs in the Court of Common Pleas for the precinct of St. Michael to Saml. Cox, President. In accordance with H.M. Order for restoring officers etc., 28th May, your honour did appoint Edmund Sutton, Chief Judge, and Thomas Dinning, Thomas Maycock and John Boynton and Christopher Fowler to be Assistants of the Court of Common Pleas. Sutton swore Dinning and Boynton, but refused to swear Fowler though the latter offered himself. Maycock being very much in debt and there being several writts against his body did not think fit to appear at the Court. Sutton, Dinning and Boynton had several actions depending in sd. Court agt. themselves, but such of sd. actions as were called were put off for want of a quorum on the Bench etc. Sutton held the Court only a few hours in two of the four days it ought to have been held, so that not above 60 actions were tried, and 400 postponed etc. Pray for relief. Signed, Jno. Bentley, J, Riddock, Cha. Dundas, Phil. Evans. Endorsed as preceding. 2 pp. [C.O. 28, 17. ff. 216–217v., 218v.–225v.]
Oct. 11.
Whitehall.
688. Lord Carteret to the Council of Trade and Plantations. You are to prepare an Instruction for His Grace the Duke of Portland agreeable to those which you have already prepared for the present Governors of Barbadoes, the Leeward Islands and Bermuda etc. v. 5th July etc. Signed, Carteret. Endorsed, Recd. 12th, Read 27th Oct., 1721. 1 p. [C.O. 137, 14. ff. 44, 45v.; and 5, 1092. No. 24.]
Oct. 14.
Whitehall.
689. Lord Carteret to the Council of Trade and Plantations. Having laid before the King your Lops. report of the 14th past etc. I am hereby to signify to you H.M. pleasure, that you prepare an Additional Instruction for Lord Belhaven, conformable to the said report, excepting only, that you make such alterations therein, as are proposed in your letter to me of the 4th inst. Signed, Carteret. Endorsed, Recd. 16th, Read 7th Oct., 1721. ¾ p. [C.O. 28, 17. ff. 185, 186v.]
Oct. 14.
Kensington.
690. H.M. Commission to Lt. Governor Hope to be Captain of the Independent Company at Bermuda. Countersigned, Carteret. [C.O. 324, 34. pp. 77, 78.]
Oct. 14.
Whitehall.
691. Mr. Popple to Mr. Burchett. Encloses, for the information of the Lords of the Admiralty, complaints against Capt. Whitney received with Governor Hamilton's letter of 19th May. [C.O. 153, 14. pp. 82, 83.]