Robert Carter writes to the trustee of the Fairfax estate, William Cage, July 28, 1725, that he has received the statement of the case that he has brought on behalf of the proprietor before the council of the colony to claim "fines and forfeitures, and the Goods of Felo de ses." He says that deodands are not in contention, and that Cage and Lord Fairfax must now make the case to the Board of Trade to which this case statement will be sent.
I have Just received from my Lawyers the state of the Case
between the Crown and the Proprietors as it is agreed by the Council on --
both sides; some of the facts are not truly Recited, but I have no time to
offer at an alteration, As for the Deodands I was in possesion of them all
along in my first agency, I remember to have received a Deodand twenty Year
ago at least, There was no pretentions from the Crown all my time, Colonel
Jennings
let the officers of the Revenue take what they pleas'd, and Colonel
Lee
his manager a great favourite, was as Complaisant; Herewith I Send --
you the order of Councel that brought this Case upon tryal, I also send you --
a Copy of part of
a letter I received from Mr: Clayton
our Attorney General, whereby it
appears the Goods of Felons were entirely given up to me both by the then
Governr: Colonel Spotswood,
and by the Attorney, and accordingly I have possessed
my self of them ever Since without any control, So that I take the Matter
in difference to be only the fines and forfeitures, and the Goods of Felo de ses,
which Mr: Attorney is very sanguine in, although my Lawyers are as positive
against him, These things are not very considerable at present, but it [ma]
y
happen in time to come they may be worth struggling for, I have done the Utmost
that lyes in my power, and Shall Submit it to his Lordship and t [o yoursel]
f, to
[ta]
ke care of the afair before the Board of trade, by whose repo [rt I ex]
pect
[the
Gove]
rnr: will be Guided I am