Journals of the Board of Trade and Plantations: Volume 3, March 1715 - October 1718. Originally published by His Majesty's Stationery Office, London, 1924.
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Journal of the proceedings of Her Majesty's Commissioners for promoting the trade of this Kingdom, and for inspecting and improving her plantations in America and elsewhere, from the first of June, 1716, to the twenty-sixth November, 1716.
Journal, June 1716
June 1. Present:—Mr. Cokburne, Mr. Chetwynd, Mr. Cooke, Mr. Docminique.
Letter from Mr. Coram.
A letter from Mr. Coram [fo. 17], dated the 25th of last month, desiring to be heard against an Act of the Massachusets Bay, relating to the erecting a light house on the coast of that province, was read.
Letter to Colonel Spotswood.
A draught of a letter to Colonel Spotswood [R. fo. 455] Lieutenant Govr. of Virginia, agreed at the last meeting, was signed.
Letter to Mr. Heywood.
The draught of a letter to Mr. Heywood [ibid. fo. 453] commander in chief of Jamaica, agreed the 30th past was signed, and ordered that the same be sent to Mr. Burchet [fo. 4], for conveyance.
June 5. Present:—Sir Jacob Astley, Mr. Cokburne, Mr. Chetwynd, Mr. Cooke, Mr. Docminique, Mr. Addison.
Letter from Colonel Matthew.
A letter from Col. Mathew, lieutenant General of the Leeward Islands, dated the 25th of October, 1715, was read, and the following papers therein referred to, laid before the Board, vizt.:—
Papers referred to
Account of guns and other warlike stores in the Leeward Islands, the 24th Octr., 1715.
A roll of the militia of St. Christophers and Antegoa, 1715.
Naval officer's account of ships entered inwards and cleared out from Antegoa, Mountserrat and St. Christophers from Midsummer to Michaelmas, 1715.
Minutes of the Council of Mountserrat from 4th of July to 1st of Octr., 1715.
Minutes of Assembly of Antegoa from 13th July to 27th Septr., 1715.
An act to repeal the act intituled the Six Pound Act passed in Montserrat, in Octr., 1715.
Three acts passed in St. Christophers in September and October, 1715.
Mr. Duport about acts.
Stores of war wanted.
To be considered.
And Mr. Duport attending, desired their lordships would please to lay the said acts before his Majesty, as also represent to his Majesty the present want of stores of war in the Leeward Islands, according to the forementioned account, the charge of which, upon inquiry, he said, he had computed at between 1366l. 10s. 0d. and 1500l.; whereupon he was acquainted [fo. 6] that the same should be taken into consideration.
Letter from Mr. Burchet.
Heads of enquiry, etc.
A letter from Mr. Burchet [R. 455] secretary to the Lords Commrs. of the Admiralty, dated the 2nd instant, acknowledging the receipt of the heads of inquiry for the Commodore of the Newfoundland convoy, and relating to a packet for Mr. Heywood [fo. 16] commander in chief of Jamaica, was read.
Letter from Mr. Carkesse.
French part of St. Christophers.
Governor of Barbouda.
A letter from Mr. Carkesse [vide infra], Secretary to the Commrs. of His Majty's. Customs, dated the 4th instant, about the granting the late French part of St. Christophers and to a Govr. of the island of Barbouda, was read, and directions given for returning an answer thereto.
June 8. Present:—Mr. Cokburne, Mr. Chetwynd, Mr. Cooke, Mr. Docminique, Mr. Addison.
Letter to Mr. Carkesse.
Grants of French part of St. Christophers.
Governor of Barbouda.
A letter to Mr. Carkesse [vide supra], secry. to the Commrs. of his Majesty's Customs, directed to be prepared the 5th in answer to his letter of the 4th instant, about any grants, that may have been made of the late French part of St. Christophers, and relating to a Govr. for the island of Barbouda, was agreed and ordered to be sent.
Draughts of instructions.
Clause about oaths sent to Attorney.
Their lordships [R. fo. 431] taking into consideration the draughts of instructions [fo. 11] preparing for Col. Shute for the governments of the Massachusets Bay and New Hampshire, ordered that a copy of the clause in the last instructions for the said governments, and of a clause now prepared in lieu thereof, relating to the taking and administering of oaths, be sent to Mr. Attorney General for his opinion whether the said clause last mentioned do answer the intent of the several acts of parliament now in force, upon that subject.
Sir Edward Ernley.
Sir John Colleton about Mr. John Colleton to be of the Council.
Solicitors to have notice.
The Order of Council, of the 28th of April last, upon the petition of Sir Edward Ernley, mentioned in the minutes of the 10th of May [R. fo. 431], as likewise Sir John Colleton's memorial which was read the 15th of May [ibid. fo. 434] relating to Mr. John Colleton's being appointed a member of His Majesty's Council in Barbadoes, being again considered, their lordships agreed to hear what Sir Edward Ernley and Sir John Colleton may have to offer, thereupon on Thursday morning next [fo. 7] at ten of the clock, and ordered that Mr. Bampfield and Mr. Hardisty, their solicitors, be acquainted therewith, who are to give timely notice to each other, as to their intention of being heard by council or without.
Letters from Governors unanswered.
Ordered that the letters from the several Govrs. of Her Majesty's Plantations, which are unanswered, be laid before the Board on Tuesday morning next.
Letter from Mr. Burchet.
A packet to Mr. Heywood to be sent by a merchant ship.
A letter from Mr. Burchet [fo. 4], secry to the Lords Commrs. of the Admiralty of the 7th instant, returning the packet sent to him for conveyance by a man of war, to Mr. Heywood, commander in chief of Jamaica, was read; whereupon ordered that the said packet be again sent to Mr. Burchet, and that he be desired to forward the same by a merchant ship.
Stores of war wanting.
Letter to Mr. Frankland.
Arms and ordnance.
Upon consideration of the acct. [fo. 3, 19] of stores of war, wanting in the Leeward Islands, referred to in Col. Mathew's letter of the 25th Octr., 1715, mentioned in the minutes of the 5th instant, ordered that the secry. write to Mr. Frankland, to be informed what arms and ordnance stores have been sent from the office of ordnance to those islands, if any, since the year 1702.
June 12. Present:—Sir Jacob Astley, Mr. Cokburne, Mr. Chetwynd, Mr. Cooke, Mr. Docminique.
Sir John Collection and Mr. Bampfield for Sir E. Ernley about Mr. John Collection.
Hearing put off.
Sir John Collection, and Mr. Bampfield [fo. 6, 14] solicitor for Sir Edward Ernley, attending, they acquainted the Board, that they could not conveniently be ready for the hearing appointed for Thursday next, in relation to Mr. John Collection's being of the Council of Barbadoes; whereupon their lordships agreed to defer the same till this day sev'night.
Mr. Robert Cary, memorial against merchants petition.
Letter from Mr. Offley.
Mr. Robert Cary [R. fo. 432], agent for the Virginian Indian Company, attending, presented to their lordships a meml. in answer to the petition of several merchants and inhabitants trading to and residing in Virginia and Maryland (mentioned in the minutes of the 10th of the last month) which memorial was read, as likewise a letter from Mr. Offley, dated the 30th of the last month, with some reasons against the Act relating to the Indian trade; whereupon ordered that a copy of Mr. Cary's foresaid memorial be sent to Mr. Offley, and a copy of Mr. Offley's reasons be also sent to Mr. Cary, for what they may respectively have to offer to the Board on that subject, on this day three weeks at the farthest.
Letter to Inspector General.
Ordered that a letter [fo. 14] be writ to Mr. Martyn Inspector General of his Majesty's Customs, desiring from him as soon as may be, two distinct accounts of the annual imports of peltry from Virginia and Carolina from Christmas, 1698, to Christmas last, or as far as his books are made up.
Born and Beresford.
Copies of Assembly's address to the King and letter to them etc.
Mr. Boon and Mr. Beresford agents, [vide infra] for the province of South Carolina, attending, presented to the Board the copies of an address from the Assembly of that province to His Majesty, as also of a letter from them to the said Mr. Boon and Mr. Beresford, the originals having been delivered, as they said to Mr. Secretary Stanhope, to be laid before his Majesty, giving a state of the same, and praying it may be taken into his Majesty's immediate protection.
June 14. Present:—Sir Jacob Astley, Mr. Cokburne, Mr. Chetwynd, Mr. Cooke.
Letter from Mr. Secretary Stanhope.
Assembly's address to the King, and letter to their agents.
Distressed condition etc.
A letter from Mr. Secry. Stanhope of the 12th instant [vide supra], referring to the Board an address from the Assembly of South Carolina to his Majesty, as also a letter from them to Mr. Boon and Mr. Beresford, their agents in Great Britain, relating to the distressed condition of that province, and praying that the same may be taken into the immediate protection of the Crown, was read; whereupon ordered that Mr. Boon and Mr. Beresford be desired, that if they have anything further to offer in addition to those papers, they would do it in writing at ten of the clock on Thursday morning next [fo. 21], or sooner.
Letter from Colonel Hamilton.
Captain Soanes, Sea Horse.
Letter to Mr. Burchet.
A letter from Col. Hamilton [fo. 15] Govr. of the Leeward Islands, dated the 1st of March last, was read, and the copy of one from Captain Soanes, commander of his Majesty's ship the Sea Horse, to Col. Hamilton therein referred to, was laid before the Board; whereupon ordered that an extract of Col. Hamilton's said letter relating to pirates and a man of war for that station, as also a copy of the said letter from Capt. Soanes to Col. Hamilton be sent to Mr. Burchet [fo. 18], to be laid before the Lords Commrs. of the Admiralty, for his Majesty's pleasure thereupon.
Letter to Colonel Hamilton.
Then the draught of a letter to Col. Hamilton, [fo. 17] in answer to his before mentioned, was agreed and ordered to be transcribed.
Letter from Colonel Bennet.
A letter from Colonel Bennet, Lt. Govr. of Bermuda, dated the 30th of Septr., 1715, was read, and directions given to the secry. for answering the same.
Attorney General's report.
Colonel Shute's instructions.
Clause about oaths.
Mr. Attorney General's report [fos. 5, 62] in answer to the letter writ him the 8th instant, relating to a clause in the dts. of Col. Shute's instructions for the governments of the Massachusets Bay and New Hampshire about taking and administering oaths, was read; whereupon ordered that the said draughts of instructions be transcribed.
Letters from Lord Archibald Hamilton.
Two letters from the Lord Archibald Hamilton [fo. 63], late
Govr. of Jamaica, both dated the 5th of March last, were read,
and the papers therein referred to, laid before the Board, as follows,
Papers referred to.
Minutes of Council from the 31st Octr., 1715, to the 11th of Febry., 17 15/16.
Minutes of the Council in Assembly, from the 3rd of Decr., 1715 to the 5th of January, 17 15/16.
Minutes of Assembly, from the 31st Octr. to the 11th of Febry., 17 15/16.
Minutes of the Council in Assembly from the 31st of Octr. to the 2nd of Decr., 1715.
Three acts passed the 5th Janry., 17 15/16.
Letter from Lord Townshend.
Mr. Whitworth, commerce in Germany.
Mr. Wich, herring trade.
A letter from the Lord Viscount Townshend [fo. 18], dated the
31st of the last month, transmitting to the Board several papers
from Mr. Whitworth relating to commerce in some parts of Germany,
and from Mr. Wich, relating to the herring trade at Hamburgh,
was read, and the said papers laid before the Board, vizt.:—
Copy of Mr. Whitworth's relation about trade, dated at Ratisbon 18/29 April, 1716.
Copy of a letter from Mr. Whitworth to Lord Viscount Townshend, dated at Ratisbon, 3/14 May, 1716.
Extract of Mr. Whitworth's Ire. to the Lord Visct. Townshend, dated at Ratisbon the 7/18 May, 1716.
Extracts of letters from Mr. Whitworth to the Lord Viscount Townshend, dated 10/21 and 14/25 May, 1716.
Patterns of cloth made at Aix la Chapelle.
Patterns of cloth made at Soreau in Silesia.
Project of a conclusion proposed in the college of princes, the 15th May, 1716, in ye affair of the weavers etc.
Extracts of a letter from Mr. Wich his Majesty's resident at Hamburgh, to Ld. Visct. Townshend, dated at Hamburgh, 19th May, 1716.
Copy of a meml. of Mr. Wich to the Senate of Hamburgh.
Project treaty of commerce.
From Lord Townshend.
To be translated.
Mr. Cooke communicated to the Board [fo. 19] the project of a treaty of commerce between his Majesty and the Czar of Muscovy in French, which he signified was delivered to him by the Lord Viscount Townshend, his Majesty's Principal Secry. of State, with his lordship's desire that this Board would, after consulting the merchants trading to Muscovy, thereupon, represent their opinion concerning the said project, whereupon ordered that a translation be made thereof into English.
June 15. Present:—Sir Jacob Astley, Mr. Cokburne, Mr. Chetwynd, Mr. Cooke, Mr. Docminique.
Mr. John Colletion's affair.
Hearing further put off.
Mr. Bampfield [fos. 7, 23], solicitor for Sir Edward Ernley, attending, desired in behalf of Sir Edward, that the hearing appointed for Tuesday next, relating to Mr. Colleton's being of the Council of Barbadoes, may be put off till Tuesday senight, their lordships agreed thereto, unless Sir John Colleton has any objection to it, and ordered that Mr. Hardisty, Sir John's solicitor, be acquainted therewith.
Letter from Inspector General.
A letter from Mr. Bicknel [fos. 8, 20], of the Inspector General's office, at the Custom House, dated yesterday, for an explanation of what's meant by peltry in the secry's. letter to the Inspector General of the 12th instant was read, whereupon directions were given for sending an answer thereto.
Letter from Colonel Hamilton.
A letter from Col. Hamilton [fo. 10], Govr. of the Leeward Islands,
dated the 10th of April last was read, and the papers therein referred
to, laid before the Board vizt.:—
Papers referred to.
Two letters from Captain Soanes, comander of the Sea Horse man of war, to Col. Hamilton, relating to the ill condition of that ship, and his design to return with her to Great Britain etc.
Account of grants of land in the French part of St. Christophers.
Petition of Capt. Howel, Govr. of Anguilla, to Col. Hamilton, praying liberty to settle the island of St. Cruix, with an account of the inhabitants of Spanish Town and other of the Virgin Islands.
Col. Hamilton's speech to the Assembly of Antegoa, with their answer.
A congratulatory address of the Lieutenant Govr. Council and Assembly of Antegoa to his Majesty on the defeat of the rebels.
A congratulatory address of the Lieutenant Govr. Council and Assembly of Nevis to Col. Hamilton, on his arrival in his govnt. of the Leeward Islands.
A congratulatory address from the Govr. of the Leeward Islands, and the Lt. Govr. Council and Assembly of Nevis to his Majesty, on the defeat of the rebels.
Address of the Lt. Govr. Council and Assembly of Nevis to his Majty. in favour of Colonel Hamilton.
A congratulatory address from the President and Council of Mountserrat to his Majesty, on the defeat of the rebels etc.
Address of the President and Council of Mountserrat to Col. Hamilton, on his arrival in the Leeward Islands.
Letter to Mr. Burchet.
Sea-Horse, Captain Soanes.
Whereupon ordered that copies of paragraph H of Col. Hamilton's said letter, and of the letter from Captain Soanes, commander of his Majesty's ship the Sea Horse, to Col. Hamilton dated the 8th of April last be sent to Mr. Burchet, for the information of the Lords Commrs. of the Admiralty, and that the secry. [fo. 18] inquire whether there be any other ship ordered to the Leeward Islands in the room of Capt. Soanes.
Letter to Colonel Hamilton.
Then the letter to Col. Hamilton, [fo. 10] agreed at the last meeting, was signed and a postscript added thereto.
Mr. Coram against an act for a light house.
His objections in writing.
Mr. Coram, [fo. 1] attending and acquainting their lordships, that he had several objections to make against an Act passed in the Massachusets Bay in 1715, for building and maintaining a light house &c., the said Act laying a tax upon the shipping of this kingdom, and making no provision for pilots, which are much wanted on that coast; he was desired to put his objections in writing as soon as he could, in order to the Board's considering thereof.
June 19. Present:—Sir Jacob Astley, Mr. Cokburne, Mr. Chetwynd, Mr. Cooke, Mr. Docminique, Mr. Addison.
Letter from Mr. Secretary Stanhope.
Mr. Pitt Governor.
Draught of commission sent with Letter to Mr. Secretary.
A letter from Mr. Secretary Stanhope [fo. 62], dated yesterday, desiring a commn. and instructions to be prepared for Thomas Pitt senior esqr. whom his Majesty has been pleased to appoint Govr. of Jamaica was, read; and the draught of a commn. being accordingly prepared in the usual form, a letter was signed for transmitting the same to Mr. Secry. pursuant to his said letter.
Letter from Mr. Burchet.
Man of war for those parts.
A letter from Mr. Burchet [fos. 10, 17] secry. to the Lords Commrs. of the Admiralty, dated the 15th, in answer to one writ him the 14th instant, relating to a man of war for the Leeward Islands, was read.
Letter from Lord Townshend.
A letter from the Lord Viscount Townshend, of the 15th instant, [fos. 12, 47], together with the extracts of letters &c. from Mr. Wich, his Majesty's resident at Hamburgh, relating to the herring trade there, were read.
Mr. James Buttler.
Estate of Thomas Herbert.
Sent to Attorney General.
Mr. James Buttler having brought to the office, an Act passed at Nevis in Septr., 1715, intituled, an Act to settle the estate of Thomas Herbert, eldest son of Mr. Thomas Herbert, deceased, on him and his heirs and assigns for ever, and desiring the same may be laid before his Majesty, for confirmation; ordered that the said Act be sent to Mr. Attorney Genl. for his opinion thereupon in point of law, as soon as may be.
Treaty of commerce.
Compared with another.
Their Lordships taking into consideration the project of a treaty [fos. 13, 21] of commerce with Muscovy, mentioned in the minutes of the 14th instant, ordered that the same be compared with the project of such a treaty, and the observations of this Board, transmitted to the Lord Viscount Townshend [R. fo. 407], the 30th of March last.
Letter from the ordnance.
Accounts of stores.
A letter from the Board of Ordnance [fos. 6, 21], dated the 12th instant, with accounts of ordnance stores, sent to the Leeward Islands since the year 1702, in answer to the secretary's letter to Mr. Frankland, of the 8th of this month, was read, and directions given for preparing the draught of a repn. to his Majesty thereupon.
Letter from Mr. Carkesse.
British built ships.
A letter from Mr. Carkesse [R. fo. 453], of the 18th instant [fo. 80], with the observation of the Commrs. of his Majesty's Customs upon the draught of a bill for preserving the rights of British built ships, as desired by the secry's. letter the 31st of the last month, was read.
June 22. Present:—Sir Jacob Astley, Mr. Cokburne, Mr. Chetwynd, Mr. Cooke, Mr. Docminique. Mr. Addison, Mr. Molesworth.
Mr. James Buttler.
Mr. James Buttler attending, and his powers of attorney from two of the sufferers at Nevis being examined, the two debentures numbered 483, and 551 were delivered to him.
Skins and furs.
Two accounts from Mr. Martyn [fo. 14], Inspector General of the Customs, shewing the quantity of skins and furs annually imported from Virginia and Carolina, between Christmas, 1698, and Christmas, 1715, were read.
Imports and exports.
Mr. Boon [fos. 10, 22] attending, presented to their lordships a memorial from himself and Mr. Beresford, as agents for the province of South Carolina, relating to the importance of its being preserved, together with a list of goods imported and exported there, for one year before the Indian war; and Mr. Beresford afterwards attending, presented a meml. from himself relating to the present state of South Carolina, which their lordships resolved to take in to consideration at the first opportunity.
Stores of war.
The draught of a representation [fo. 19] ordered to be prepared the 19th instant, relating to stores of war for the Leeward Islands, was agreed and signed.
Treaty of commerce.
Letter to Lord Townshend.
The project of a treaty of commerce [fos. 19, 34] with Muscovy, mentioned in the minutes of the 14th and 19th instant, was read, and considered; whereupon a letter to the Lord Viscount Townshend desiring a copy of the project, delivered to the ministers of the Czar, was signed.
June 23. Present:—Sir Jacob Astley, Mr. Cokburne, Mr. Chetwynd, Mr. Cooke, Mr. Docminique, Mr. Addison, Mr. Molesworth.
Present state of the province.
Value of the province.
Their lordships [fos. 21, 36] taking again in to consideration several papers relating to the present distressed condition of South Carolina, the two memorials from Mr. Boon and Mr. Beresford, mentioned in yesterday's minutes upon that subject, as likewise relating to the Bahama Islands, were read; whereupon ordered that those gentlemen be desired to attend the Board on Thursday morning next, and to come then prepared to make good the several allegations of their said memorials, particularly that part of Mr. Beresford's, which relates to the products of Carolina, and the Bahama Islands, vizt:—rice, timber, pitch, tar, turpentine, rozin, indigo, silk, silver, or gold mines, cochineal, sugar, fruit, coffee, olives, Spanish vines, drugs and cotton wool, as likewise how the value of South Carolina is proved to be 709,763l. before the Indian war.
June 26. Present:—Sir Jacob Astley, Mr. Cokburne, Mr. Chetwynd, Mr. Cooke, Mr. Docminique, Mr. Addison, Mr. Molesworth.
Mr. John Colletion.
Mrs. Ernley with Sir William Thompson.
Sir John Colleton and Mr. Serjeant Page.
This day being appointed to hear council [fos. 14, 34], upon the petition of Sir Edward Ernley, in behalf of Mr. John Colleton who desires to be constituted a member of his Majesty's Council of Barbadoes, Mrs. Ernley attended with Sir William Thompson, Recorder of London her council, on the one side, and Sir John Colleton, with Mr. Serjeant Page, his Council, on the other; whereupon the order on Sir Edward Ernley's said petition, dated the 28th of April, as likewise Sir John Colleton's memorial, in answer thereto, which were mentioned in the minutes of the 10th and 15th of May last [R. fos. 431, 434], were read, and Mr. Serjeant Page, then opened and stated the objections, against Mr. Colleton's being now admitted into the said council, viz.:—
Mr. Serjeant Page opens.
That there is an estate in Barbadoes, as set forth in the said meml. of Sir John Colleton, four six parts whereof in the year 1693 or 1694 descended to Sir John by the will of his father, and is valued at about 1000l. a year, but the same being under the management, and in the possession of Mr. James Colleton, uncle to Sir John, he the said Sir John never since received any profit thereof, tho' in 1694, or the beginning of 1695, a bill was filed in the court of Chancery of Barbadoes, in behalf of Sir John against the said James Colleton, so that no time was lost on the part of Sir John to obtain his right, that for fear Sir John should recover against him at law, the said James Colleton procured himself to be made a judge of the precinct where the suit was to be tried, as likewise to be a member of the Council of that island, to frustrate or delay any proceedings against him in law and equity.—And upon an action at common law in the precincts of St. Michael in 1701, pleads an abatement of Sir John's action, for that the said James ought not to be summoned to appear before himself, a copy of which plea was produced and read.—That since the death of Mr. James Colleton, his son, Mr. John Colleton, who still keeps possession of the estate, has endeavoured to get himself appointed of the Council of the said island, in hopes to prevent Sir John's obtaining any relief.—That the said John Colleton has indeed offered terms to Sir John for selling his estate, but Mr. Serjeant observed there was no reason why Sir John should be forced to sell, and as to Mr. Colleton's being appointed of his Majesty's Council, he thought a person who would not do right himself, was very unfit to be made a judge of others.—That Mr. John Colleton's suggestion of his being removed from the Council of Barbadoes by the late ministry, and that therefore he now desired to be restored to that station, was a groundless pretence, and because he pretends to be loyal he would needs be excused from doing justice.—Besides that, the allegation of being removed by the late ministry, was not true in fact, Mr. Colleton having been only admitted of the Council by the Govr. without the approbation of the crown, and upon the restoration of some members, who had been dismissed, Mr. Colleton was discontinued of course, and this was before the time of the late ministry.—That Mr. Colleton has been very assiduous in his endeavours to be appointed of the Council having made several applications for that purpose in 1711, in 1714, and at present in 1716, but that hitherto the Govnt. had not thought fit to comply with his desire.—That he ought first to do right himself, before he become a judge, especially in the Plantations where it is always difficult to obtain justice, and would be much more so, against any person who is a judge there; for tho' the party immediately concerned should retire from the Bench, yet he might hope for favour from the rest, especially considering he might return any of them the like favour in their own cases.—That if during two and twenty years, when Mr. Colleton was in no place, that gave him any opportunity to influence proceedings in this case, justice could not be obtained, Sir John would have less hopes if Mr. Colleton were in place of power.
Then a copy of the Order in Council of the 31st December, 1702, (Barbadoes C. folio 267) and the additional instruction prepared for the Govr. of Barbadoes (ibm. folio 274) as also Mr. James Colleton's forementioned plea were severally read, to prove that there had been unjust delays and proceedings, by the said Mr. James Colleton, as they were endeavoured to be continued by John.
Sir William Thompson.
Mr. Recorder on the other side, then recited the heads of what had been offered by Mr. Serjeant Page, against Mr. Colleton's being constituted of the Council of Barbadoes and he admitted, that there was such an estate between Sir John and Mr. Colleton; but Sir Peter Colleton, father of Sir John, having kept possession of the said estate without accounting to the father of Mr. John Colleton for his proportion of it, there were cross accts. between them which had protracted the dispute. That as to the power or influence which Mr. Colleton might have to the prejudice of Sir John in case the former were appointed of the Council, which consists of twelve persons; it is not to be imagined, the other eleven would be byassed to do a manifest injustice, however the person concerned might be inclined himself, who, as Mr. Recorder observed, would be obliged to quit the Bench, when his own cause should come in a judicial manner, before the Council.—That Mr. Colleton has not only acted fairly in this dispute, but made very kind offers to Sir John who has rejected them, and will come to no conclusion, by which means if this controversy be admitted as a sufficient objection against Mr. Colleton's admission into the Council, it may be a continual disability so long as Sir John shall obstinately refuse a reasonable accommodation.—And if the having law suits should disqualify persons from being members of that Board, it would be impossible there could be any.—That the only thing which has been proved is, that in 1702, Mr. James Colleton was removed from being judge in the precinct where the suit between Sir John and him was depending, which he allowed was proper, he being the sole judge there, but that Mr. John Colleton had never made use of any authority on his own behalf in this matter; whereupon Mr. Recorder desired Col. Cleland, at the same time present, to give their lordships an account of what he knew of this affair, who said that 15 or 16 years ago, when he left Barbadoes, Mr. James Colleton ordered him to make large offers to Sir John, which Sir John did not approve, but desired first an acct. of the profits, and value of the estate, and what was due on either side.—That as to the nature of the suit, he said, he had heard Sir Peter was formerly in possession of the estate, and had not accounted with Mr. James Colleton.—That he believes there was a cross bill preferred by Mr. John Colleton against Sir John for demands which the said John had for profits received from his part of the estate, whilst the same was in Sir Peters possession. That Mr. James Colleton had a great disposition to determine the matter amicably, and Col. Cleland said, he had writ to Sir John about it, a copy of which letter was produced and read the substance whereof, Col. Cleland averred to have writ to Sir John Colleton, which Sir John admitted: and Col. Cleland further said, that he never received any answer from Sir John to the said letter.—That as to the disputed point of one sixth in controversy, if Sir John would referr that to the determination of lawyers, Mr. Colleton would then produce his books, if Sir John would do the same, and come to an account for the profits of the whole. That he believes there may be fifty years accounts to settle between the parties aforesaid.
Mr. Rowland Tryon.
Mr. Rowland Tryon being then called upon to give the Board an account, what he knew of this matter, said, that about twelve months ago, by Mr. John Colleton's order he offered Sir John 10,000l. and as separating the estate would ruin both parts of it, and the further continuance of partnership is impracticable, he said, he had now orders to offer Sir John 10,000l. for his right, or that there might be an appraisment made and accounts submitted to arbitration.—And if this be not agreed to, he would take upon him to allow any thing reasonable, he knowing Mr. John Colleton to be a man of honor, and not one that would obstruct justice.
Sir John Eyles and Mr. Joseph Eyles.
Sir John Eyles and Mr. Joseph Eyles being asked what they knew of the said Mr. John Colleton, on the present dispute, they severally gave him a very good character, but as to the suits at law, which he might have, they said, they were strangers to them.
The same enquiry was likewise made of Mr. Chester, who acquainted the Board, that about six years ago Mrs. Ernley imployed him to endeavour an accommodation; whereupon he had a conference with Mr. Richardson, and made some proposals, but had no answer thereto.
Then Mr. Walker being called upon in like manner, as the other gentlemen beforementioned, he said that about 10 years ago, he was of council for Sir John Colleton in this cause, and writ to him for the draught of a bill in chancery to be drawn in England, which Sir John accordingly sent him, and the suit was revived without any loss of time or delay on Sir John's part.—That the Courts in Barbadoes have been dilatory, though he knows no unwarrantable obstructions given by Mr. John Colleton to the proceedings.—That about three years ago, there was a cross bill brought by Mr. Colleton, against Sir John, upon which Sir John's plea was over-ruled.—That Mr. James Colleton had offered to Mr. Walker 8, or 10,000l. for Sir John, which he was ready to have accepted, if he might first know, what he sold, and as to the accounts, he was willing they should be put to reference.—That Sir John Colleton never demanded more than four six parts of the estate.—And Mr. Walker being asked what prejudice it would be to Sir John, if Mr. Colleton were in the Council.—He said he could not tell how far it might influence.— That several of the Council had causes depending, though he owned he knew of no complaints thereupon.—That during the short time Mr. John Colleton was of the Council, he remembers no proceedings in this controversy.—As to the said Mr. Colleton's reputation, Mr. Walker said, he never heard any persons make objections to him, except in this cause.
Mr. Serjeant Page's reply.
Mr. Serjeant Page in reply said, that the circumstances of the case must discover what influence Mr. Colleton's being in the Council might have against Sir John, and he did admit that Sir John had been offered 10,000l. for his whole interest; and he allowed there might be demands against Sir Peter, but submitted it to their lordships whether it was not unreasonable for Sir John, who has an uncontroverted right to four six parts of the estate, to be obliged to part with it; that there is a deed between the several parties recorded in Barbados, which settles four six parts of the estate in Sir John; and if the same be 1,000l. per annum, the arrears of the profits of Sir John's part amount to more than what is offered, and Sir John is expected to give up his estate for nothing.—That if Mr. Colleton who is in possession of the whole estate, tho' without any place of authority in the Government, had been able to keep Sir John out of his right, and to avoid coming to any account, Mr. Colleton's being put into a place of power would the more inable him to evade justice. That a cross bill which had not been brought by Mr. Colleton till lately when the cause was ripe for a hearing, was calculated only for delay, which Mr. Serjeant hoped their lordships would not incourage by recommending such a person to be of the Council.
Sir William Thompson.
Upon which Mr. Recorder admitted Sir John to be entituled to four six parts of the estate, but observed that a cross bill was no injustice to him, but a common practice, where there were accounts and demands on both sides.
Mr. Berwick of the Council.
Mr. Berwick, one of the present Council of Barbados, being present, Mr. Serjeant Page, desired he would inform the Board, how this matter stood at present, whereupon he said, he was attorney for Sir John, and that the cause was diligently carried on and ready for a hearing, when he left the island, but believed there would be no further progress made therein, before he the said Berwick returned.—And being asked by Mr. Recorder, if there were not causes frequently in Council, wherein members of that Board were parties; he said there often were, tho' sometimes it was thought a disadvantage to have a suit with a member of the Council; Mr. Recorder then observed to their lordships, that there was less objection to be made against Mr. Colleton's being admitted of the Council than against the continuing of Mr. Berwick aforementioned, who owned himself ingaged as attorney for Sir John Colleton in this affair.
These gentlemen being withdrawn, their lordships gave directions for preparing the draught of a repn. [fos. 23, 36] upon the forementioned Order in Council.
Letter from Lord Townshend.
Treaty of commerce.
Letter to Sir Benjamin Ayloffe.
A letter from the Lord Visct. Townshend [fos. 21, 36], of yesterday's date, with some additional articles to the project of a Treaty of Commerce with Muscovy in answer to their lordships letter to him the 22nd instant, was read, whereupon ordered that the secretary write to Mr. Benjamin Ayloffe, Govr. of the Muscovia Company signifying the desire of this Board to speak with him, and the gentlemen lately with him here, as likewise such others as he shall think fit at ten of the clock on Thursday morning next.
June 28. Present:—Mr. Cokburne, Mr. Chetwynd, Mr. Cooke, Mr. Docminique, Mr. Addison.
John Roe agent at St. Ander.
A petition [fo. 41] from several merchants trading to New England, praying their lordships intercession with his Majesty that Mr. John Roe of London, merchant, may be appointed agent at the port of St. Ander in Spain was read.
John Colleton of the Council.
The draught of a repn. [fo. 34] ordered to be prepared at the last meeting, relating to Mr. John Colleton's being admitted to be of his Majesty's Council in Barbadoes, was agreed and signed.
Treaty of commerce.
For their observations.
Sir Benjamin Ayloffe, [fos. 34, 46] Govr. and several members of the Muscovia Company attending, they were acquainted that the Board desired their opinion upon the project of a treaty of commerce with Muscovy, now before them, whereupon these gentlemen desired a copy of the said project, which was ordered them, and it being signified to them that their lordships were pressed for their report on the said project and should therefore be glad of the Company's observations as soon as possible, they promised to bring them on Wednesday next.
Messrs. Boon and Bresford, Godin etc.
Indian war, etc.
Mr. Boon and Mr. Beresford [fos. 22, 42] attending, with Mr. Godin and another gentleman lately come from Carolina, Mr. Boon acquainted the Board, that he was ordered by the Assembly of Carolina to return their lordships thanks for their endeavours to put that province under the immediate protection of the crown and being asked how the Indian war there stood at present, they said, it was not yet over.—Nor had they heard that at any advice was arrived at Carolina, of assistance by means of Brigadier Hunter from the Indians at New York.—That in their opinion that war could not be put an end to by Indians only, without the assistance of white men.—But it being observed to them, that the province of Carolina had not complied with their engagements to Virginia for the assistance they have had from that colony, Mr. Boon said, that their first contract became impracticable, but that the province of Carolina, had allowed fifty shillings a head per month in lieu of each negro woman they were to furnish.—And that he did not doubt but the difference between those colonies would be soon accommodated.
Products of Carolina and the Bahamas.
Masts of Cyprus.
Coffee and drugs.
Value of the province.
Assistance expected from hence.
The Board then desired to know of these gentlemen, if they were prepared, as had been desired of them the 23rd instant, to make good what is alleged in their memorials, relating to the products of Carolina and the Bahama Islands, to which they answered, that they were, as for rice, pitch, tar, turpentine, and other commodities, they referred themselves to the accounts of imports and exports inclosed in their memorial delivered the 22nd instant [fo. 21].—In relation to silk Mr. Godin assured the Board he had several bales from Carolina, which he has sold at thirty three shillings a pound, being glossy and as good in its kind as Piedmont silk.—Mr. Beresford said, he had this year, imported 20 lb., which he had sold at 24 shil. a pound.—Of cochineal they produced to the Board a sample of what is imported from Carolina, which their lordships desired might be proved by some dyer.—As to the growth of it they said it was an insect bred in a web, under a prickly pear leaf, growing near the ground, which being found wild in Carolina, did not produce so large and fat an insect as those the Spaniards cultivate and improve in gardens, which might be likewise improved in Carolina. That pound for pound, this cochineal proved as good as that from Mexico, having been tried by one Mr. Hibbard; and Mr. Boon said he had gathered of it himself.—In relation to indigo, they said, it had been planted about twenty years ago in Carolina, but left off by reason of the war soon after, and their turning to rice, as well as the low rate of indigo in this kingdom, which is now dearer; but that if the inhabitants of Carolina turned their hands to the producing of that comodity, some of them would be diverted from making tar and other naval stores, etc. without more people went thither. That the indigo made in that province was as good as the Jamaica, tho' they had the seed yearly from the said island, to prevent degenerating the manner of sowing it being in the summer like garden peas and every year new seed. As for masts they said there were such of cyprus in Carolina, which were much beyond those of New England, Mr. Beresford having seen those of sixty foot long, clear of any knots, and four foot diameter at the bottom.—That many of these grow near swamps and rivers convenient for imbarkation; besides that freight from New England to this kingdom is dearer.—As for mines they had good reason to conjecture there might be several as well as in the adjacent countries; and tho' coffee and several sorts of druggs, had not yet been tried, it was not doubted, but they might be produced in the Bahama Islands, as likewise in Carolina.—Their lordships then enquiring how the value of that province was proved to be 709,763l. before this Indian war; Mr. Boon produced an assessment of the whole province, from whence that calculation was made.—With regard to the assistance that might be expected from the lords proprietors in this time of distress, and the application made by the Assembly to the king; they said, that as to the first, the lords proprietors sent only to the value of 150l. for the relief of the colony, which the Assembly had not reed., or at least took no notice of so small a matter, directing these gentlemen, as their agents, to make no farther application to the lords proprietors, but to sollicit that they might be put under his Majesty's immediate protection.—That the address and letters from Carolina had been shown to the Lord Carteret, one of the proprietors, which he seemed determined to oppose.—They added that since the present Indian war, the province of South Carolina, had decreased 150 families out of about 1400, and unless the same were taken into his Majesty's immediate care, it would soon be deserted.