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, October 1717
October 2. Present:—Earl of Suffolk, Mr. Chetwynd, Sir Charles Cooke, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Lord Archibald Hamilton.
The Lord Archibald Hamilton, late Governor of Jamaica, attending as appointed, he produced to their lordships several papers in proof of the allegations of his memorial to the king, referred to this Board, and mentioned in the minutes of the 27th of last month, his lordship proceeded to his proofs in order, as the respective paragraphs stand numbered in his memorial, and begun by observing that the differences he had had with the Assembly of Jamaica, were chiefly upon three points, which his instructions and the Board of Trade had recommended to him, vizt. The pretended power in the Assembly of adjourning themselves for what time they thought fit, without leave from the governor;—Their denying the Council any right of amending money-bills; and refusing to make provision for subsisting his Majesty's forces there; which had been recommended by his Majesty.
1st. To prove "That during the whole administration of the said Lord Archibald Hamilton there, he endeavoured to act in all respects agreeable to his instructions, and according to the duty of his office, in support of his Majesty's royal authority, then manifestly struck at by a set of violent and ill-designing men;" his lordship referred to Mr. Secretary (now Lord) Stanhope's letter of the 25th February, 1714/15, which approves the several steps taken by ye said Lord Archibald Hamilton, in execution of the orders sent him upon the death of her late Majesty, and to his Majesty's letter of the 13th May, 1715, relating to the discharging of publick debts and the subsistence of the two independent companies there, wherein his Majesty was pleased to express his royal pleasure in these terms, vizt.:—We expect you will continue your best endeavours for the advancement of these good ends, which We hope, will restore that Our Island to a flourishing condition: his lordship further appealed to the letter which this Board wrote to Mr. Secretary Stanhope the 17th of February, 1715/16, wherein it is represented that by what appeared by the books in this office, the Lord Archibald Hamilton seemed exactly to have followed his instructions. And as to his Majesty's authority being struck at by violent and designing men, his lordship doubted not but the same would fully appear in his progress through the following articles.
2. To prove the second article of the memorial, where his lordship says "He had his Majesty's approbation of his conduct, by the removal of such members of the Council, whose misbehaviour and opposition to the king's service his lordship had represented;" he referred to the report of the 25th April, 1715, made by this Board, whereupon Mr. Chaplin and Mr. Blair, who had encouraged the proceedings of the Assembly, relating to their having the sole right of framing money-bills, and to a power of adjourning themselves at pleasure, &c. were removed from his Majesty's Council in Jamaica; his lordship added, that he should give further instances of Mr. Chaplin and Blair's misbehaviour in explaining ye subsequent articles.
3. To support what is asserted in ye third article, "That the Assembly had, notwithstanding his Majesty's recommendtation, refused to make any provision for the subsistence of the two independent companies"; the Lord Archibald Hamilton referred to the minutes of assembly of the 9th Novbr., 1715, and that part thereof was read where the aforesaid Mr. Chaplin reported from a committee of the said Assembly, that the accounts of money disbursed for the subsistence of Col. Handasyd's Regiment and the two independent companies, were of an unprecedented nature, being disbursed without a law, or the publick faith given for reimbursing the same, and that the Committee could not take upon them to determine whether the same ought to be paid or not; whereupon the Assembly voted the said money to be no publick debt, within the construction of his Majesty's letter of the 13th May, 1715, tho' it appears by a subsequent letter of his Majesty's, bearing date the 10th of April, 1716, relating to the payment of that money, that his Majesty did look upon it as a publick debt, and recommended the same to be provided for as such, by his former letter of the 13th May, 1715; the Lord Archibald took notice, as a farther proof of its being a publick debt, that money advanced by the present governor for the same services, was not only acknowledged as a publick debt, but has since been re-imbursed by the Assembly, with an allowance of 12 per cent. interest.
4. Upon the fourth article, his lordship said, that contrary to his instructions communicated to the Council, complaints had been sent against him to England, which had never been communicated to him in Jamaica, as would fully appear by proofs relating to subsequent articles, and more particularly to the eleventh.
5. To the fifth article, "That to compass their ill designs against his lordship, a large sum of money was unwarrantably subscribed and collected by the leading men of the Assembly and remitted to Great Britain, on pretence of soliciting the affairs of that island"; his lordship referred to the minutes of the Assembly of the 20th and 21st of December, 1715, and those parts which relate to the said subscription were read, as likewise the draught of the subscription drawn up by Captain Bennet, who, on his lordship's removal, was constituted of the Council under Mr. Heywood. His lordship observed that the Assembly had during his government, prepared and sent to the Council a bill to raise money for soliciting the publick affairs of the island in this kingdom, by which the Assembly had excluded the governor and Council from the very knowledge of what was intended to be transacted; the Council made several amendments to the bill, which the Assembly refusing to admit of, on pretence that the Council had no right to make any alteration to a money bill upon which the bill was dropt, and a subscription was set on foot; and his lordship said, he had been well informed, that about £1100 were raised in the Assembly, besides what was collected in the several parishes, contrary to his Majesty's instructions; his lordship added, that this method of raising money, was at first proposed to the Assembly in the nature of an ordinance, and read there twice as such; and as his lordship had reason to believe, was afterwards dropt, and put out of the form of ordinance only upon some observations which his lordship made as to the irregularity of it. His lordship observed that tho' the chief pretence for raising of this money was to solicit the dispatch of several acts; he did not know, and he appealed to the Board, if any application had been made, since that time, for the confirming any acts of that island; from whence he did infer that the forementioned Bill for soliciting the publick affairs of the island, as well as the subscription, were designed for private ends, and not for the publick service of that islands.
6. To the sixth article, alledging, "That at the instigation of a party, one Page, Deputy-Secretary of Jamaica, a person unqualified, of an ill character, and whom his lordship had therefore refused to admit into that office, till he received express commands for so doing, deserted his office, and left the island, contrary to law, without the governors licence or privity"; his lordship produced and read a letter under Mr. Page's own hand, dated on board the Diamond Man of War, the 6th of March, 1715, whereof a copy was annexed to his memorial, desiring his lordship's favourable opinion, and excuse for departing the island, without his lordship's leave. My lord likewise produced a letter from Mr. Bernard, Chief Justice, and one of the present Council of Jamaica, wherein he says, That turning over the patent-book one day in the Secretary's office, he was astonished to see the entry of a ticket from Lord Archibald Hamilton to Samuel Page to go off the island. Whereupon my lord observed, that Mr. Page must either have forged his lordships name to a ticket, or, contrary to the trust reposed in him, and unknown to his lordship, have filled up with his own name one of the blank tickets, which multiplicity of business obliged his lordship to leave in his hands ready signed. That Mr. Page had, with the letter he wrote to his lordship, after his leaving the island, sent a certificate of his indisposition, as an excuse for his leaving the island, but that his lordship could not look upon that as a just reason for his going off so abruptly, and without leave. His lordship further referred to the minutes of the Council of Jamaica, of the 9th March, 1715–16, upon this subject, which were read. In relation to Mr. Page's not being qualified, his lordship alledged that some of the members of the Council were always obliged to take the minutes of what passed at that Board, where the said Page acted as clerk; and as to his ill character, his lordship thought the same would more manifestly appear by the proof of the following article of his lordships memorial.
7. The Seventh article alledging "That the said Page, with one Adlington, arriving in Great Britain, defrayed out of the sub-scription money aforesaid, made affidavits, chiefly rehearsing what they had heard the Lord Archibald Hamilton's enemies say concerning the robberies committed on the Spaniards; in which affidavits the said persons now appear to be wilfully and corruptly perjured." To prove the same, his lordship first observing that Mr. Page, in his affidavit of 15th May, 1716, has made Oath, That he, the deponent heard from Leonard Barton, a person of a fair character, who was dispatched to the Leeward part of Jamaica, where this deponent was on the 9th of March, that the said Spanish sloop, with her whole cargo, was condemned in the said Barton's presence, the 7th of March last, &c. To contradict which affidavit his lordship produced an original affidavit of the said Leonard Barton taken before Mr. Bernard, Chief Justice of Jamaica, the 17th of August, 1716, which was read, wherein the said Barton deposeth in the words following, vizt. And this deponent further saith, that he neither knoweth Dr. Samuel Page, nor ever had any communication or discourse with him, touching or concerning the Spanish sloop formerly called the Kensington taken by Captain Francis Fernando, &c., which affidavit of Mr. Barton his lordship took notice, must have been true, and consequently Page's false, because the condemnation of the Spanish sloop was not till the 16th of March, as appeared by a copy of the sentence under the seal of the Admiralty produced by his lordship, whereas the said Page had been several days at sea before that time, and yet he pretends to have been informed of this condemnation by the said Barton, so long before it happened, as the 7th of that month, his lordship further observed that the said Page had deposed in the words following vizt. To which said memorials the said Don Juan could receive no other answer from the governor than that the Florida Shoar was part of the king of England's dominions, and that as the Spaniards had seized on some English vessels since the peace, the said governor believed the said Spaniards were indebted to the English more than those Spanish effects would answer; to disprove which assertion his lordship produced and read a minute of Council of the said island, dated the 9th of February, 1715, and signed by Mr. Page himself, by which it appears that several answers were given to Don Juan del Valle, upon his memorial, by his lordship, and the Council of Jamaica, who offered it to the consideration of the said Don Juan del Valle, whether the prosecuting the officers and mariners of the two vessels complained of, and the issuing such a proclamation as desired, might not deter others, then out, from returning to Jamaica, and be a means of putting them upon such desperate attempts as might be of more pernicious consequence to the Crown of Spain, &c. Whereupon the said Don Juan del Valle declined insisting on any criminal prosecution, lest such consequences happening, as might justly be feared, the blame thereof might be imputed to him. And that the said Page had been corruptly perjured, his lordship inferred from his having received part of the forementioned subscription-money, as his lordship was credibly informed; as also that upon his return to Jamaica he had complained of not having received enough. The Lord Hamilton further took notice, upon this article, of a petition from several merchants of Jamaica, mentioned in the minutes of ye Council of that island, of the 25th June, 1714, which was now read, praying that upon the departure of the men of war, his lordship would take proper methods for the protection of the trade of the island then in danger from pirates; whereupon his lordship said, he granted several commissions to commanders of vessels to go in quest of the said pirates, giving them proper instructions, and taking security for the due observance thereof, which commission and instructions, as his lordship affirmed, were the same that had been formerly given by his predecessors on like occasions, copies of which he promised to transmit to the Board. That upon complaints against some of the commanders of the vessels, he issued a proclamation for recalling them. His lordship likewise observed that Mr. Blair and Mr. Chaplin, two persons concerned in the complaint against him, were security for some of the commanders of these vessels.
8. Upon the eighth article, relating to "his lordship's removing Mr. Hey wood (now Commander in Chief of Jamaica)" from the place of Chief Justice, and from the Council there; his lordship referred to the minute of Council of the 14th February, 1715–16, whereby it appeared that his lordship, conformable to his instructions, had not only the majority, but the unanimous advice of the Council in that proceeding.
9. As to the ninth article, alledging "That some of the new councillors whom the king was pleased to appoint with Mr. Hey wood, the new governor, were some of them the same persons whom his Majesty had before thought fit to displace, and who had continued their opposition to his service; and that others of the new councillors had been the most violent men in the Assembly, in opposing the several matters recommended by his Majesty's letters, and had most largely subscribed to the sum remitted as aforesaid;" his lordship named Mr. Blair and Mr. Chaplin as the former, and Mr. Risby, Mr. Thomas Beckford and Mr. Bennett as the latter.
Tenth, eleventh and twelfth articles.
10, 11, 12. As to the tenth, eleventh and twelfth articles relating to "the instruction sent Mr. Heywood and his Council for seizing the Lord Hamilton's person, sending him prisoner to England with proper proofs in case they should find him concerned in the priacy laid to his charge; and to the unjustifiable manner in which they put this instruction in execution against the said Lord Hamilton, and screening offenders;" he averred, that having sent to desire a copy of the whole charge against him, and repeated that message, he could obtained no answer, as Mr. Cockburn, his lordship's secretary, whom he sent for such copy, was now ready to testify upon oath. That even Mr. Broderick and Mr. Bernard, two of the members of that Council, were denied copies of what passed at that Board, to prevent his lordship's knowing the full substance of his accusation, whereby his lordship had not the opportunity of cross-examining witnesses, as aforesaid. That the majority of the said Council, acted very partially in adjourning to the house of one of the members of that Board, of their party, who was indisposed, and refusing to adjourn to another member's house on the like occasion, whereas if they had done it in this last case, the votes for his lordship's commitment had been equally divided.
His lordship being asked what steps were taken by Col. Heywood and the government of Jamaica, to answer the intent of his Majesty's forementioned instructions; his lordship said, he was unacquainted therewith; that he was not taken into custody till a few days before he was sent away and that no cause of commitment was specified in the warrant for that purpose, which was signed only by an underclerk of the Council. His lordship acknowledged he was interested in the sloop Bennett, but being sensible that the commander thereof had exceeded his commission, and broken his instructions, by the seizure he had made of Spanish goods, his lordship was far from intending to reap any advantage from so unlawful a proceeding: and he appealed to the minutes of the Council of Jamaica, of the 9th June, 1716, for a proof of his integrity upon this occasion. His lordship likewise further affirmed, that above a month before that Council was held, and before Don Juan de Valle had made any complaint against the ship his lordship was concerned in, he had communicated his intention upon this subject to Mr. Bernard and Mr. Broderick, two of the Council, who were of opinion that his lordship would do well to temporize with Bendysh, and receive his own share of the profit arising from the foresaid capture from the Spaniards, in order to fix the proportion of the several owners and thereby to discover and secure as many effects as possible for the use of the persons from whom the same had been illegally taken, and accordingly his lordship did receive his share of the capture, and deposited the same in the hands of the Provost Marshall, subject to his Majesty's orders, where the same now lies..
Upon this occasion, his lordship further observed, that he had the rather chose to conduct himself in this transaction by the advice of the aforesaid Mr. Bernard and Mr. Broderick, because they were both of them persons learned in the law, the first being Chief Justice, and the latter at that time his Majesty's Attorney General of Jamaica; and as they were perfectly informed with what intention it was, that his lordship did receive his share of the said prize. When Mr. Heywood and his Council were afterwards deliberating whether they should be justified by his Majesty's instructions in securing the said Lord Hamilton's person, the said Mr. Bernard and Mr. Broderick did make oath of the truth of the forementioned facts, which they declared in their opinion to be a sufficient proof that the said Lord Hamilton was not concerned in the piracy, and for that reason they and two other members of the Council refused to consent to the question for his lordship's commitment, which was carried only by one voice, as may appear by the minutes of Council, of the 13th September, 1716.
As a further proof of his lordship's intention to do justice to the Spaniards, he referred to the minutes of Council of the 21st June, 1716, by which it appeared how desirous he was that the appeal offered by the Spanish agents from the sentence of the Court of Admiralty, tho' not proper in point of form, should have its effect.
13. As to the thirteenth article, his lordship alledged, that Mr. Heywood having, contrary to his Majesty's instructions, sent no evidence to support the charge against him; he had, since his arrival here, continued many months under bail, and not only petitioned for a hearing but given publick advertisements at the Exchange in London, that he was ready to answer whatever any persons might have to object to him; but that nobody had appeared: and Mr. Bendysh, who was sent over in order to be the chief evidence against his lordship, had declared to some of ye Ministers, as his lordship has been informed, that he had nothing to say against him. And his lordship observed, that this Mr. Bendysh was one of the persons concerned in the ship that had committed piracy, and the very same that had brought him his share of the capture, and who, by his lordship's Order in Council, had given security to return such part of the Spanish effects as had come to his hands; notwithstanding which, the said Bendysh had obtained from Mr. Heywood a Noli Prosequi, contrary to the intention of his Majesty's instructions for discovering and punishing all persons concerned in the piracies complained of.
14. Upon the fourtheenth article, importing "that the present Mr. Heywood and councillors of Jamaica had dropt their charge on this subject"; his lordship observed that this Board was well acquainted what endeavours were used to oblige Mr. Page and Adlington to appear to what they had alledged against his lordship: so that upon the whole, his lordship hoped, his innocence might now plainly appear; and that those of the Council who had so notoriously misbehaved themselves might not be continued of the Council, nor Mr. Page in the post of deputy-secretary.
Escheated estate, W. Kupius, Pennant and Swymmer.
The Lord Archibald Hamilton being then desired to acquaint
the Board with the state of the matter relating to the escheated
estate of Williamina Kupius of Jamaica, upon which Mr. Pennant
and Symmer have lately petitioned the king: his lordship referred
himself to the papers undermentioned upon that subject, vizt.
Mr. Secretary Stanhope's letter to the Lord Archibald Hamilton, of the 28th November, 1715, with his Majesty's mandamus or warrant for a grant of the said estate to Edward Nicholls, Esqr. dated the 30th of April, 1715.
Copy of the Lord Archibald Hamilton's letter to Mr. Secretary Stanhope of the 10th February, 1715–16.
Copy of his Royal Highness the Prince of Wales's warrant for a speedy grant of the said estate to Edward Nicholls, Esqr. dated the 17th July, 1716.
Copy of Mr. Baron's plea in support of the excheat patent to Pennant and Swymmer.
Memorandum from the Lord Archibald Hamilton relating to the said escheat.
October 3. Present:—Mr. Chetwynd, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Bishop of Derry.
Bishop of London.
Major Mason attending, as he had been desired, the 27th of last month, and being asked what he knew of Dominick Langton, one of the ministers of Barbadoes, and whether he had not recommended him to the Bishop of London; he said, that he had no knowledge of him, till the late Bishop of Derry brought him acquainted with him, and desired him to go along with him to recommend him to the Bishop of London, which he did accordingly; that then both the bishops desired him to recommend him to Mr. Lowther, which he also did; but should not have done it, had he then heard of the votes of the House of Commons of Ireland against him.
Bishop of London's Commissary.
The agents of Barbadoes attending, communicated to their lordships a letter they had received from the committee of correspondence in Barbadoes, of the 17th May last, relating to the Bishop of London's Commissary there, which was read, and a copy thereof ordered to be taken; and directions given for preparing a representation upon the petition of the said agents, mentioned in the minutes of the 4th September last.
Letter to Mr. Congreve.
Complaints against Mr. Page.
Ordered that a letter be writ to Mr. Congreve, secretary of Jamaica, acquainting him that their lordships desire to speak with him on Wednesday next, upon several complaints that have been made to them against Mr. Page, his deputy.
Mr. Mill's patent.
The copy of the patent of Mr. Mill, Receiver-General of Jamaica, was laid before the Board, and read.
Their lordships again reconsidered the acts passed in Jamaica
in January, 1715–16, and in November, 1716, and agreed to lay
before his Majesty.
The act for the more easy serving of constables, and
The act for the effectual discovery of all persons that are disaffected to his Majesty, and his government; and to prevent all such persons holding any office, &c.
to be confirmed. And the acts entituled, as follows, vizt.
An act to prevent all fraudulent trade to Hispaniola, and other foreign parts.
An act to oblige the several inhabitants of this island to provide themselves with a sufficient number of white people, and to maintain such as shall come over within a certain time, or pay certain sums of money, in case they shall be deficient, and applying the same to several uses.
An act for repealing an act, entituled, an act for the better securing the estates and interests of orphans and creditors, and to oblige executors to give security to return appraisements into the Secretary's Office of this island, &c.
An act for granting further relief in relation to proving of wills and testaments, and granting letters of administration of intestate estates.
An act to secure the freedom of elections, and directing the proceedings in the choice of members to serve in Assemblys in this island.
An act to prevent any one man to hold and enjoy any two or more offices of profit in this island.
An act to encourage the bringing over and settling of white people in this island.
Letter from Mr. Carkesse.
Commissioners of Customs observations.
Instructions for trade.
Sir N. Lawes.
A letter from Mr. Carkesse, of the 30th July, 1717, returning the draughts of instructions relating to the acts of trade for Jamaica with the observations of the Commissioners of his Majesty's Customs thereupon, was read, and directions given for transcribing the draught of instructions relating to the said acts of trade, for Sir Nicholas Lawes, Govr. of the said island.
Letter to Mr. Secretary Addison.
Instructions for Sir N. Lawes.
Acts of trade.
The draught of a letter to Mr. Secretary Addison, for transmitting to him the draughts of instructions for Sir Nicholas Lawes, for the government of Jamaica, as also those above-mentioned relating to the acts of trade, was agreed, and ordered to be transcribed.
October 4. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Letter to Mr. Secretary Addison.
The new seals, which have been prepared for Barbadoes, the Leeward Islands, Jamaica, Bermuda, Virginia, New York, New Jersey, the Massachusets Bay and New Hampshire, being laid before the Board; a letter to Mr. Secretary Addison, for transmitting the said seals, with the draughts of warrants for his Majesty's signature to the Governors of the several plantations abovementioned for using the same in all things that pass the respective seals of those Governments, was signed.
Accounts of the revenue.
Circular letters to his Majesty's respective Governors of Jamaica, Barbadoes, the Leeward Islands, Bermuda, Virginia, New York, New Jersey, the Massachusets Bay and New Hampshire, relating to their sending to this Board constant and distinct accounts of the several branches of the revenue &c. in those governments, were likewise signed.
October 10. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Letter from Mr. Secretary Addison.
A letter from Mr. Secretary Addison, of the 5th October, 1717, inclosing his Majesty's additional instructions to the several Governors of his Majesty's plantations in America, relating to their passing acts which may any ways affect the trade or shipping of this kingdom, in order to the said instructions being forwarded by the first convenient opportunity was read; and the new seals for several of his Majesty's plantations, as mentioned in the minutes of the last meeting, being returned to this office, together with his Majesty's warrants for using the same; ordered that circular letters be prepared to the respective governors of the said plantations, wherewith to transmit the said additional instructions, seals and warrants.
Letter from Mr. Congreve.
A letter from Mr. Congreve, Patent-Secretary of Jamaica, relating to Mr. Page, his deputy in that employment, dated the 5th instant, was read.
Letter from Mr. Harris.
A letter from Mr. Richard Harris to the secretary, dated the 27th of last month, relating to the character of Mr. Caillard, proposed to be of the Council of Jamaica, was read.
Alterations in the Council.
An anonymous paper containing reasons for restoring some to, and displacing other gentlemen from the Council of Jamaica, was read.
Memorials Sir N. Lawes.
Men of war, pirates.
Councillors, printing-press, post office.
Two memorials from Sir Nicholas Lawes, the one relating to the ill state of the trade of that island, with respect to the want of men of war, the conduct of their commanders, and to pirates; the other relating to Councillors, to be appointed; a press for printing, and to a post-office to be settled there, were read; and Sir Nicholas attending, he said, in regard to the press and the post office, that they would be a publick convenience and advantage to commerce.
Approved by Sir Nicholas.
Their lordships then agreed to present to his Majesty the following names of twelve persons as fit to be of his Majesty's Council in Jamaica, vizt. Francis Rose, Thomas Bernard, James Archbould, John Ayscough, John Sadler, Ezekiel Gomersal, John Moore, Edward Pennant, Thomas Harrison, Samuel Moore, John Gregory and John Morant, Esqrs. And their names being read to Sir Nicholas Lawes, he was asked, if he had any objection to any of them; whereupon he answered, that he had not, they being all gentlemen of good characters, well affected to the present government, and every way well qualified to serve his Majesty as Councillors in the said island.
Letter from Captain Prissick.
Colonel Codrington's lands.
A letter from Captain Prissick, about the pretensions of Col. Codrington to certain lands in St. Christophers, dated the 4th of October, 1717, was read.
October 11. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Additional proposal Mr. Bankes.
An additional proposal from Mr. Banks, about purchasing the late French lands at St. Christophers, was read.
Perry and Travers, proposals, as Mills.
Mr. Micajah Perry, Mr. John Perry and Mr. Samuel Travers attending, presented to the Board their proposals for purchasing and disposing of the said lands in St. Christophers, in the same manner as has been offered by the late Mr. John Mills deceased, which were read.
Mr. Page Deputy Secretary.
An anonymous paper containing some reasons for the removal of Mr. Page from being deputy to Mr. Congreve, Secretary of Jamaica, was read.
Prissick and Chester Codrington land.
Captn. Prissick and Mr. Chester attending, and desiring in behalf of Col. Codrington, to be heard by Counsel, in relation to 763 acres of land in the late French part of St. Christophers, which is mentioned in the petition of the said Codrington, read the 4th of last month, their lordships desired these gentlemen would first bring in writing a full state of the case, which they promised accordingly.
Solicitor General's report.
Alice Tickle, Francis Jemmott.
Mr. Solicitor General's report upon an act passed in Barbadoes in April, 1711, entituled, An act to dock the intail of certain lands in the parish of Christ-Church in this island, and of several negroslaves, and also of a certain parcel of land lying, and being in the town of St. Michael, and to vest the fee-simple of the said land and negroes in Alice Tickle, spinster, and of the parcel of land in St. Michael's Town, in Francis Jemmot, his heirs and assigns for ever, was read, and the draught of a representation, in order to his Majesty's confirmation of the said act, was agreed and signed.
Letter to Mr. Secretary Addison, Pennant and Swymmer.
The draught of a letter to Mr. Secretary Addison, upon the petition of Edward Pennant and Anthony Swymmer, of Jamaica, Esqrs. praying relief in relation to a second grant of ye excheated estate of Anna Williamina Bernarda Kupius, was agreed and ordered to be transcribed.
Letter to Mr. Secretary Addison.
Sir N. Lawes.
Act of trade.
A letter to Mr. Secretary Addison, with the draughts of instructions for Sir Nicholas Lawes, for the Government of Jamaica, as also of the usual instructions which particularly relate to the acts of trade and navigation, was signed.
Circular letter, additional, instructions, seals, warrants.
The circular letters, directed at the last meeting, to be prepared, to the respective Govrs. of his Majesty's plantations, for transmitting additional instructions, seals and warrants therein mentioned, were agreed and signed.
October 12. Present:—Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Their lordships taking into consideration several acts passed
in the Leeward Islands, those passed at Antigua in March, 1715–16,
An act for constituting a Court of Chancery.
An act to indemnity Anthony Brown and John Elliot, of the aforesaid island, gentlemen, from a certain bond and articles of agreement by them entered into with George Pulleyn, carpenter, for the building a church in the parish of St. Philips in the said island, and to charge the said parish with the same.
An act for establishing a Court of King's-Bench, Common Pleas and Errors, and better regulating the administration of justice, and limiting a time for issuing executions out of the Court of Chancery.
Attorney General's reports.
were read, together with Mr. Attorney-General's reports on the said acts, mentioned in the minutes of the 8th July last; whereupon their lordships gave some directions for preparing the draught of a representation to his Majesty in order to the confirmation of the two first and the repeal of the last mentioned act.
The two undermentioned acts of St. Christophers, entituled,
An act to prevent danger that may happen by fire in any of the towns within this island. Passed in November, 1716.
An act to impower the surveyors of the highways to turn the windward common path to the eastward of Clay-Hill in the quarter of Basse terre. Passed in March, 1717.
Solicitor General's report.
were likewise read; as also Mr. Solicitor-General's report on the last of them. And directions given for preparing the draught of a representation upon the said acts.
Ordered that the acts of Antigua, entituled,
An act to prevent the increase of papists and non-jurors in this island, and for better governing those who are already settled here. Passed in March, 1715–16.
An act for the erecting and building a new church in the town of St. John's, in the room of the present parochial church there, and for raising a yearly reasonable tax for maintaining and constant repairing the same. Passed in November, 1716.
An act to quiet present possessors of lands to limit actions, and avoid suits in law. Passed in February, 1716–17.
be sent to Mr. Attorney General, for his opinion thereupon in point of law.
Letter from Mr. Cockburn.
Lord A. Hamilton.
A letter from Mr. William Cockburn, of ye 5th instant, as also
the papers therewith received, as undermentioned, relating to the
Lord Archibald Hamilton's conduct at Jamaica, were read, vizt.
Copy of a commission granted by the Lord Archibald Hamilton, for suppressing of pirates.
Copy of the instructions given to the commanders of vessels, who had commissions for suppressing of pirates.
Copy of the bond given by the owners of vessels, who had commissions for suppressing of pirates.
List delivered by Mr. Page, to the Secretary of State, of the vessels commissioned by Lord Archibald Hamilton to go in quest of pirates from Jamaica.
Observations on Dr. Page's list of vessels commissioned by Lord Archibald Hamilton, delivered to the Secretary of State, with Mr. Page's affidavit.
October 14. Present:—Sir Charles Cooke, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Acts of Parliament trade and navigation.
Letter to Mr. Lowndes.
A list of several Acts of Parliament relating to trade and navigation which are wanting to be distributed to Sir Nicholas Lawes, and the governors of his Majesty's other plantations, being laid before the Board; ordered that the secretary write to Mr. Lowndes, to move the Lords Commissioners of the Treasury, that his Majesty's printer may be directed to send to this office copies of the said acts, according to the forementioned list.
French lands, letter to Lords of Treasury.
Their lordships considering the several proposals before them, relating to ye purchase of the late French lands in St. Christophers, the draught of a letter to the Lords of the Treasury thereupon, with several conditions and restrictions, to which it may be fit the said purchasers be limited, were agreed, and ordered to be transcribed.
Duty on sugars &c. imported.
The draught of a representation, ordered the 27th of last month, to be prepared, upon the act passed in Barbadoes, in July, 1716, entituled, An act laying an imposition or duty on all sugars, melosses, rum, cotton and ginger imported this island, which are not the natural product, growth and manufacture of some of his Majesty's colonies; was agreed and signed.
October 16. Present:—Sir Charles Cooke, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Letter to Lords of Treasury, proposals French lands.
A letter to the Lords of the Treasury, agreed the 14th instant, relating to the several proposals made for purchasing the late French lands at St. Christophers, was signed.
Letter from General Hamilton.
Letter to Lords of Treasury.
A letter from General Hamilton, Governor of the Leeward Islands, dated the 15th of July last, was read; whereupon a letter to the Lords of the Treasury, upon what General Hamilton writes in his said letter, relating to the poor inhabitants of Anguilla, was agreed and signed; and ordered that the secretary give General Hamilton an account thereof, and desire him to take of all possible care that the inhabitants of Anguilla or any other of the Leeward Islands do not remove to any foreign settlement there, and further to remind him of the Board's letter of the 4th instant, relating to accounts of the revenue, &c.
Mr. Walpole's patent.
A copy of Mr. Horatio Walpole's patent for the place of auditor of the plantations dated in October, 1715, was read.
Letter to Mr. Secretary Addison, Pennant and Swymmer, Kupius's estate.
A letter to Mr. Secretary Addison, agreed the 11th instant, upon a petition in behalf of Edwd. Pennant and Anthony Swymmer, of Jamaica, Esqures. relating to the escheated estate of Anna Williamina Kupius, in that island, was signed.
The draught of a representation, ordered the 12th instant, to be prepared upon several acts of the islands of Antigua and St. Christophers, being taken into consideration, the said representation was agreed and signed.
Letter from Mr. Lowther.
A letter from Mr. Lowther, Governor of Barbadoes, dated the
20th July, 1716, was read; and the acts and publick papers therein
referred to, laid before the Board, vizt.
List of papers, &c. sent by Mr. Lowther, with his letter above-mentioned.
Eight acts passed at Barbadoes in July, 1716.
Minutes of Council in Barbadoes from the 3rd August, 1715, to ye 21st March following.
Minutes of Council in Barbadoes from the 21st of March, 1716, to the 22nd of January following.
Minutes of Assembly in Barbadoes from the 22nd of June, 1715, to the 6th of December following.
Minutes of Assembly in Barbadoes from the 26th September, 1715, to the 10th of January, 1716–17.
Particular lists of christenings and burials in each respective parish of ye island of Barbadoes, from 24th April, 1714, to the 24th April, 1715.
Particular lists of the names, number and ages of all the white inhabitants in each respective parish in the island of Barbadoes, Anno 1715.
List of causes determined and depending in the Court of Errors, &c. at Barbadoes from September, 1715, to April, 1716.
List of causes determined and depending in the Court of Chancery at Babadoes, from Septbr., 1715, to April, 1716.
List of causes determined and depending in the several Courts of Common Pleas at Barbadoes, Anno 1715, to May, 1716.
The Naval Office list at Barbadoes from the 24th September, 1715, to the 24th of March following.
Account of ammunition stores in the fortifications in each division of the island of Barbadoes, in October, 1715.
Then the acts entituled,
An act for defraying the expence of the commissioners appointed for making contracts for timber, &c. for the use and repair of the fortifications.
An act impowering the Treasurer of this island to discharge the arrears due to Mr. Arthur Zouch, late clerk to the General Assembly.
A supplemental act to the act entituled, An act for laying a duty on new negroes and other slaves imported this island.
An act impowering the freeholders to choose a vestry.
An act impowering the committee of Publick Accounts to allow the sum of £191 7s. 6d., to the credit of the Honorable Thomas Maycock, Esqur. late Treasurer.
were read, as likewise the former acts therein respectively referred to; whereupon a progress was made in the consideration thereof.
Ordered that the act entituled, An additional act to the act entituled, An act to ascertain the payment of such bills as have been issued pursuant to a late act of this island, entituled, An act to supply the want of cash, and to establish a method of credit for persons having real estates in this island; with the act therein referred to, be sent to Mr. Attorney General, for his opinion thereupon in point of law.
Mr. Basket summoned.
Ordered that Mr. Basket, his Majesty's printer, be acquainted that the Board desire to speak with him on Friday morning next.
October 17. Present:—Sir Charles Cooke, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Letter from Mr. Carkesse.
Canary wines imported.
A letter from Mr. Carkesse, Secretary to the Commissioners of the Customs, in answer to that writ him by the secretary of this Board, the 9th of August last, for an account of the annual importation of Canary wines, was read.
Solicitor General's report.
An act passed at New York, in October, 1712, entituled, An act to enable William Anderson to sell a lot of ground in Queen-street, the estate of the said William, in right of Deborah his wife, deceased, for the payment of debts contracted by his said wife before their inter-marriage, being read, together with Mr. Solicitor General's report thereupon, a representation on the said act was agreed and signed.
Act importation white servants.
An act of Antigua, passed there in July, 1716, entituled, An act for encouraging the importation of white servants to this island, being read; directions were given for preparing the draught of a representation to his Majesty thereupon.
Trade to Hispaniola &c.
Their lordships taking into further consideration the act passed at Jamaica in 1715–16, entituled, An act to prevent all fraudulent trade to Hispaniola and other foreign parts, resolved to respite laying their opinion before his Majesty for the repeal thereof till the Assembly of Jamaica have had an opportunity of passing another act for the purposes this was designed, and not lyable to the exceptions against the present act.
October 18. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Mr. Basket printing plantation laws.
Mr. Basket, his Majesty's printer, attending, the copy of Mr. Secretary Addison's letter to him, the 3rd of last month, requiring him to print such plantation laws as he shall receive from this Board for that purpose, was read; and their lordships having some discourse with Mr. Basket thereupon, gave directions for printing some of the laws of Maryland.
Lord A. Hamilton's memorial.
Letter to Mr. Secretary Addison.
Their lordships taking into further consideration the Lord Archibald Hamilton's memorial, relating to the money advanced by him for the subsistence of the soldiers in Jamaica, to the mis-behaviour of some of the Council, and concerning Mr. Page, Deputy Secretary of that island; directions were given for preparing the draught of a letter to Mr. Secretary Addison thereupon.
October 23. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Mr. Secretary Addison's reference.
Mr. Parrot and Wood summoned.
The memorials and petitions of several planters, merchants and traders concerned in the island of Jamaica, relating to the disturbance of their trade and commerce, by the Spaniards unjustly and piratically taking and seizing divers sloops and vessels belonging to his Majesty's subjects, and praying such directions as shall be thought fit in order to their obtaining restitution, were read; as likewise Mr. Secretary Addison's reference of the 3rd of last month upon one of them, and an annexed list of vessels taken as aforesaid; whereupon ordered that Mr. Parrot and Mr. Wood, who solicit in this affair, be acquainted that the Board desire to speak with such of the said gentlemen as they shall think fit on Friday morning next.
Captain Prissick and Chester summoned.
Ordered that Captain Prissick and Mr. Chester be acquainted that the Board desire to speak with them tomorrow morning.
Letter from Mr. Secretary Addison.
Sir N. Lawes's Memorial.
Sir Nicholas summoned.
A letter from Mr. Secretary Addison, of the 18th instant, referring to the Board a memorial from Sir Nicholas Lawes, relating to a dormant commission for a Lieut. Governor of Jamaica, was read, together with the said memorial; whereupon ordered that Sir Nicholas Lawes be acquainted that the Board desire to speak with him tomorrow morning.
Letter from Mr. Secretary Addison.
Sir N. Lawes's memorial.
The draught of a letter to Mr. Secretary Addison, upon the Lord Archibald Hamilton's memorial, mentioned in the minutes of the 27th of last month, and others, was agreed and ordered to be transcribed.
A representation upon some of the acts of Jamaica, mentioned in the minutes of the 3rd instant, was signed.
October 24. Present:—Mr. Chetwynd, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.
Letter to General Hamilton.
The draught of a letter from the secretary to General Hamilton, Governor of ye Leeward Islands, as ordered the 16th instant, relating to some of the acts of those islands, and to the inhabitants of Anguilla removing to foreign settlements, was agreed and ordered to be sent.
Prissick and Chester.
Captain Prissick and Mr. Chester attending, as appointed, they acquainted the Board, that they could not conveniently be ready to wait on their lordships, with what they had further to offer in relation to Col. Codrington's petition about some land in the late French part of St. Christophers before Thursday morning next; whereupon they were desired to come at that time accordingly.
Sir N. Lawes memorial.
Sir Nicholas Lawes attending, as desired, his memorial referred to this Board by Mr. Secretary Addison, and mentioned in yesterday's minutes, relating to a dormant commission for a Lieut. Governor of Jamaica, was again read; and their lordships inquiring of him what inconvenience might accrue by the government of that island devolving on the First Councillor in case of the death or absence of the Governor; he said it might create misunderstandings, which had formerly happened on the like occasions, and that the eldest Councillor did not always happen to be ye fittest person on the island to be Commander in Chief.
Trade in Hispaniola.
Their lordships having some discourse with Sir Nicholas, concerning the act against the trade carried on to Hispanila, which act the Board acquainted him, was respited till he should pass another act not lyable to several objections mentioned to him against this: he was desired to bring their lordships a memorial of what he had to offer, relating to the said trade, which he promised accordingly.
Letter to Mr. Secretary Addison.
Sir Nicholas Lawes being retired, ye draught of a letter to Mr. Secretary Addison, in answer to his of the 18th instant, upon Sir Nicholas Lawes's forementioned memorial relating to a dormant commission for a Lieut. Governor of Jamaica, was agreed and ordered to be transcribed.
Letter to Mr. Secretary Addison.
Lord A. Hamilton's memorial.
Money, subsistence forces.
Mr. Page's permit.
A letter to Mr. Secretary Addison, agreed at the last meeting, upon the Lord Archibald Hamilton's memorial, referred to the Board by Mr. Secretary's letter of the 26th and mentioned in the minutes of the 27th of the last month, was signed.
Letter to Lord A. Hamilton.
And the copy of the permit for Mr. Page to go off the island of Jamaica, dated the 25th of February, 1715, being communicated to the Board by Mr. William Cockburn, the same was read, and compared with the copy of Mr. Page's letter to the Lord Archibald Hamilton, annexed to his lordship's memorial; whereupon ordered that a copy of the said permit be sent to Mr. Secretary Addison, with other papers referred to in the letter now signed to him.
October 25. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pulteney, Mr. Bladen.
Mr. Onslow, Sir N. Lawes and others.
Proof particular losses.
Mr. Onslow, Sir Nicholas Lawes, Mr. Parrott and Mr. Wood attending, with Mr. Fernley and several other merchants, &c. concerned in Jamaica, who have signed the memorials and petitions, mentioned in the minutes of the 23rd instant, relating to the disturbance of their trade from the seizure of their sloops and vessels by the Spaniards, Mr. Fernley acquainted the Board, that they had fresh matter of complaint by the daily increase of their losses, particularly instancing a vessel called the Betty Galley, taken in July last, as they had been informed, by a Spanish man of war, after she had been seized and reliquished by a pirate: whereupon these gentlemen were desired to bring what proof they had of particular losses, and the manner of them, as soon as possible, which was promised accordingly.
Letter to Mr. Secretary Addison, dormant commission.
A Letter to Mr. Secretary Addison, as agreed at the last meeting, upon Sir Nicholas Lawe's memorial relating to a dormant commission for a Lieutenant-Governor of Jamaica, was signed.
Mr. Cock's memorial, Laws.
A memorial from Mr. Cock, Secretary of Virginia, relating to the laws of that colony, was read, as likewise the laws therein mentioned, relating to Quakers, and to foreing debts; whereupon some directions were given for preparing the draught of a representation to his Majesty, in order to the repeal of those two laws.