Journals of the Board of Trade and Plantations: Volume 3, March 1715 - October 1718. Originally published by His Majesty's Stationery Office, London, 1924.
This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.
Journal, April 1718
Mr. Nodin attending, with Mr. Simpson, lately arrived from Bermuda, as had been desired, to give the Board information relating to the pirates [fo. 181] who have lately surrendered to Col. Bennett, Lieut. Governor of Bermuda, and to those at Providence who are expected to surrender; the said Mr. Simpson was asked several questions upon that subject; whereupon he said, that he left Bermuda about eight weeks ago;—that Capt. Bennett, son of the said Lieut. Governor, who had been sent by his father in December last, to the island of Providence, with His Majesty's proclamation relating to pirates, returned thence to Bermuda in January, with Capt. Jennings, commander of a pirate vessel, and seven or eight other pirates;—that he the said Mr. Simpson had heard, the pirates at Providence fired upon Capt. Bennett on his arrival at that island, having the day before resolved among themselves to sacrifice the first person that should pretend to offer them a pardon. And that after Capt. Bennett submitted to them, they held a consult whether they should not destroy him:—that most of the said pirates suspected whether they might safely rely on the proclamation and Col. Bennett's sincerity; and two other commanders of pirate vessels, who were inclined to surrender, remained at Providence, expecting Capt. Bennett's return and to hear from Jennings concerning the treatment he met with at Bermuda;—that when Capt. Bennett was at Providence, one of the chief among the pirates named Hornigold was out upon a cruise, but that one of their sloops, which was ready to sail for the same purpose, stayed in harbour till the said Capt. Bennett sailed, and followed him towards Bermuda:—that as to the number of the said pirates, Mr. Simpson said, they were computed at about four or five hundred men on the island of Providence at the time Capt. Bennett was there, besides those who were then out a cruising:—Mr. Simpson being particularly asked what effects Jennings might bring to Bermuda, if there had been no apprehension of the pirates attacking those islands, and what was meant by Leslie's settling his private affairs at Providence; he said, that Jennings was reported to have brought money to Bermuda;—that there had been a talk of the pirates attacking Bermuda with two thousand men, which it was thought they could not do, but for some Bermudians supposed to be of the number of the said pirates, who might serve them as pilots;—and as to Leslie's remaining at Providence to settle his particular affairs, it was reported he had bought a sloop piratically taken from Bermuda, and would probably dispose of her again before he surrendered, since otherwise it might be expected the sloop should be restored; and in conclusion he said, that Jennings gave hopes that all or the greatest part of the said pirates would surrender upon Capt. Bennett's return to Providence.
The gentlemen abovementioned being withdrawn, and Col. Philips, appointed Governor of Nova Scotia and Placentia, attending with Col. Gardner, Col. Philips's memorial [fo. 136, 211], mentioned in the minutes of the 3rd of last month, was again taken into consideration, and after some discourse with him thereupon, Col. Philips was desired to let their Lordships have in writing what he had further to offer upon each article.
Mr. Solicitor-General's report [fo. 169, 203], in answer to the letter writ him the 26th of last month, relating to Mr. la Roche's not accepting the office of Treasurer of the Factory at Lisbon, was read; whereupon ordered that Sir John Lambert, in behalf of the said Mr. la Roche, have notice to attend the Board on Wednesday the 23rd instant, and that Mr. Milner be acquainted that their Lordships desire to speak with him at the same time.
A letter from Mr. Carkesse, of the 29th of last month, was read; and the accounts of the several species of goods imported and exported from Michaelmas, 1696, to Christmas, 1715, and of woollen manufactures [fo. 170, 207, 297] exported from Christmas, 1714, to Christmas, 1715, transmitted with the said letter, were laid before the Board.
A letter from Mr. Basket [fo. 159, 181], dated the 28th past, about printing the laws of the plantations, was read; whereupon ordered that he be acquainted that the Board desire to speak with him to-morrow morning.
An Order of the Lords of the Committee of Council, for hearing appeals and complaints from the plantations, dated the 20th of last month, upon the petition of Samuel Mulford [fo. 173, 202] of New York, relating to his complaints against Brigadier Hunter, Governor of the said province, &c., was read, and directions given for preparing the draught of a representation thereupon, as likewise copies of the letter and papers from Brigadier Hunter, mentioned in the minutes of the 28th of March last, in answer to the said complaints, to be transmitted to the Lords of the said Committee.
Mr. Solicitor-General's report, in answer to the letter writ him the 28th past, relating to His Majesty's subjects fishing for whales at New York, without a licence, was read; whereupon ordered that a copy be prepared thereof, to be transmitted to the Lords of the said Committee, with the representation last directed to be prepared.
Their Lordships took into consideration the Acts of Barbadoes
undermentioned, which were severally read, and the Board agreed
upon each Act, according as is expressed under the title thereof,
or to note what appeared to their Lordships on such Act, vizt.:—
An Act to enable and impower the Treasurer to pay unto Dr. Pat. Home the arrears due to him on account of the French prisoners. Passed 6th July, 1714.
Has probably had its effect. No objection to it.
An Act for the payment of a debt due from the publick to John Sadler, of Jamaica, Esqr. Passed 6th July, 1714.
Supposed to have had its effect. No objection to it.
An Act appointing an Agent. Passed the 1st September, 1714.
Has had its effect, no objection to it; but is repealed by an Act of the 28th June, 1715.
An Act for the encouragement of a new projection for grinding of sugar-canes, and drawing of water, &c. Passed the 29th September, 1714.
No objection; may lye by probationary.
A progress was likewise made in considering the Act passed at Barbadoes, the 16th of July, 1715, entituled,
An Act for laying an imposition on wines and other strong liquors imported this island, to raise money for carrying on the fortifications, for payment of such officers as are or shall be employed here at the publick charge, and for such other publick uses, as are herein appointed,
and resolved to proceed therein to-morrow morning.
A letter to Mr. Secretary Craggs, upon the petitions of Anne Low, [fo. 83] John Borland, and of John Plowman and Robert Shard, referred to this Board by Mr. Secretary Addison, relating to a patent for curing and importing sturgeon from North America, was signed.
Mr. Basket [fo. 177, 462], His Majesty's printer, attending, their Lordships had some discourse with him about printing the plantation laws; and Mr. Basket said, he could not undertake it, according to the specimen, laid before the Board, of the New York laws, for a less price than five farthings per sheet, and to print at least two hundred books, whereupon he was directed to proceed in printing the said laws of New York, at as reasonable a rate as possible.
A letter from Col. Bennett [fo. 174, 267], Lieutenant Governor of Bermuda, to the Secretary, dated the 16th of February last, relating to some of the pirates who have surrendered themselves, and others that are expected there from the island of Providence, &c., was read; whereupon a letter to Mr. Secretary Craggs was immediately drawn up and signed for inclosing an extract of that abovementioned from Col. Bennett, and to represent the necessity of commissions being dispatched to impower His Majesty's Governors in America, to pardon such pirates as surrender upon the faith of His Majesty's proclamation.
Ordered that a copy of that part of Col. Bennett's said letter, which relates to the ill state of Carolina, be sent to Mr. Shelton, [fo. 216] for the information of the Lords Proprietors of that province, and to know what their Lordships have done, or intend to do, towards the security thereof.
A letter from General Hamilton [fo. 196], to the Board, dated at Antigua, the 8th of February last, was read; and a copy of the minutes of council of that island, of the 3rd of the same month, therein referred to, relating to the suspension of Col. Morris, was laid before the Board.
A letter from the said Col. Morris, dated likewise at Antigua, the
8th of February last, relating to his suspension from the council
there, was read; and the undermentioned copies of depositions,
referred to in the said letter, were laid before the Board, vizt.:—
Copy of the deposition of Mrs. Elizabeth Abraham.
Copy of the deposition of Mr. Thomas Mountain.
Copy of the deposition of Mr. Timothy Keefe.
Copy of the deposition of Mrs. Mary Wickham.
Copy of the deposition of John Wickham, Esqr.
Copy of the deposition of Mr. Nathi. Wickham.
Copy of the deposition of Mr. Samuel Parry.
Copy of the deposition of Mr. Philip Abraham.
Copy of the deposition of Mr. Richard Chapman.
Copy of the deposition of Mr. Benjamin Rawleigh.
Copy of the deposition of Mrs. Elizabeth Wickham.
A memorial from Dr. Wickham, praying that the suspension of Col. Morris from the Council of Antigua, may not be confirmed before he be heard in behalf of the said Morris, was read; whereupon ordered that the said Dr. Wickham have notice to attend the Board on Wednesday next; and that Mr. Nivine, Agent for the said island, and Mr. Tryon be acquainted that the Board desire to speak with them at the same time.
Then their Lordships proceeded in considering several Acts of
Barbadoes, and the remainder of the Act, entituled,
An Act for laying an imposition on wines and other strong liquors imported this island, to raise money for carrying on the fortifications, for payment of such officers as are or shall be employed here at the publick charge, and for such other publick uses as are herein appointed,
was read; whereupon it was observed that the said Act had had its effect, tho' lyable to many objections, on account of the powers and penalties relating to the levy therein mentioned; and directions were given for acquainting the Governor therewith in the next letter to him. In the mean time ordered that the agents for Barbadoes have notice to attend the Board on Wednesday next.
The Acts of the said island, as undermentioned, being likewise
read, their Lordships agreed or directed to be noted upon each Act
as written under the respective titles thereof, vizt.:—
An Act to prevent the exportation of horses and asses from this island. Passed September 27th, 1715.
No objection. To lye by probationary.
An Act for compiling the laws of this island. Passed October 12th, 1715.
To lye by probationary; but notice to be sent the Governor, that the collection of laws be not sent to the press, before they have been approved by the Board.
An Act to raise a levy on the several inhabitants of this island. Passed October 12th, 1717.
Has had its effect.
An Act impowering licenciate lawyers to practice as barristers in this island. Passed September 27th, 1715,
which last mentioned Act their Lordships agreed to take into further consideration at another opportunity.
Ordered that the persons who have appeared against the late Act of Antigua [fo. 158, 190], entituled, an Act to prevent the increase of papists and non-jurors, and for better governing those already there, have notice to attend the Board on Tuesday morning next.
Mr. Dowse, solicitor for the merchants of London [fo. 163, 218], who have petitioned against the granting any charter of incorporation for insurance of ships, &c., attending, and desiring copies of such papers as have been presented to their Lordships by the petitioners for such a corporation; he was acquainted that when those papers have been considered, he should have what copies might be necessary.
Mr. Attorney-General's report, in answer to the letter writ him the 6th of last month, with some queries upon a clause in the Act of Parliament [fo. 138, 194] passed in the 13th and 14th years of the reign of King Charles the Second, for preventing frauds and regulating abuses in His Majesty's Customs, relating to British and foreign built ships, was read; whereupon directions were given for preparing the draught of a letter to Mr. Lowndes, on that subject, to be laid before the Lords of His Majesty's Treasury.
Mr. Attorney-General's report upon the letter writ him the 10th of last month, relating to the lease and release [fo. 143, 197] from the Lords Proprietors of Carolina, to Sir Robert Montgomery, of a certain tract of land in the south part of the said province, and about erecting the same into an independent government, was read; and their Lordships gave directions for preparing the draught of a representation upon Sir Robert Montgomery's memorial, and other papers on that subject.
Then their Lordships proceeded in considering the two Acts of
Barbadoes undermentioned, vizt.:—
An Act for the better establishment of the several fortifications of this island. Passed 27th September, 1715.
An Act impowering His Excellency, Robert Lowther, Esqr. to appoint commissioners to make contracts for timber, ironwork, untensils and other materials for the immediate use and repair of the fortifications, as also to agree with artificers and labourers, to be employed in that service.
Passed 15th October, 1715,
which were both read; and no objection appearing at present thereto, their Lordships agreed that the said Acts should lye by probationary.
Their Lordships proceeding in the consideration of the Act of Antigua [fo. 187, 203], passed there the 2nd of March, 1715–16, 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; the said Act was read, as were also Mr. AttorneyGeneral's report, with the annexed affidavit thereupon, and the petition of several Popish inhabitants of that island, against the said Act, both mentioned in the minutes of the 18th of the last month; and likewise some reasons against confirming it: a letter from Mr. Stephen Brown on the same subject, and an affidavit of Col. Valentine Morris, relating to the behaviour of the Popish inhabitants of the said island:—Mr. Brown attending, according to appointment, as likewise, Mr. Nivine, Agent for Antigua, Col. Morris and Mr. Perne, their Lordships desired to know of the said Mr. Brown what he had further to offer concerning the said Act, and of the other gentlemen the reasons which they thought might induce the government of Antigua to pass the same; whereupon Mr. Brown said, that no misbehaviour was alledged against the papists of Antigua, to occasion their being laid under such hardships, as by the present Act amount to banishment; that on the contrary, they had always behaved themselves for the interest of Great Britain, several of them joining in the expedition against the French at Guardaloupe; and that the papists of Montserrat defended that island when it was attacked by Monsr. Cossart; that the papists of Antigua were some of the first settlers of the island, having several of them been inhabitants there for fifty years or upwards: that they had no priests among them, and several of their children going to the Established Churches, the next generation would probably become Protestants: that the said papists being summoned, upon His Majesty's accession to the throne, to take the oaths, were willing to take the oath of allegiance to His Majesty King George, and he said, he was certain they were ready to do it still; but from a true scruple of conscience, could not take the oath of supremacy; and tho' some of them had likewise declined taking the oath of abjuration; Mr. Brown said, he did not doubt but the more sensible of them would take that oath: that the colony would suffer, if several of the said papists, who are merchants and men of estates, were obliged to quit the island, as they would be, in case the said Act should be confirmed. To which Mr. Nivine answered, that there were indeed great hardships laid, by the forementioned Act, upon the papists, but it being an Act of policy, the use and necessity of it might justify the government of Antigua in passing it, who, he believed, intended to banish the papists by it: that the first alarm given at Antigua from the papists, was from the very great addition to their number towards the latter, part of the late Queen's reign, of which there still remain about two hundred able to bear arms, who are the more dangerous, as being chiefly about the town of St. John's, and the better to be spared, as being most of them servants, overseers, ale-house keepers, book-keepers, &c., and all the fensible men of the island not above a thousand: that the island of Nevis, tho' they wanted inhabitants, had not yet thought fit to repeal an Act passed there, against papists, and confirmed here, which he looked upon to be more severe than this Act of Antigua.
Col. Morris acquainted the Board, that when this Act passed, he was present at Antigua, and of the Council there, as likewise in the commission of the peace: that it was the extraordinary misbehaviour of the papists and their disaffection to His Majesty and the Protestant succession, which gave rise to the Act. And he instanced one Mr. Birmingham, who was esteemed a moderate man among the papists, who had openly insinuated that the Pretender to the Crown had ships and men ready to assert his right, that his health was frequently drunk amongst them, and that there were other manifest tokens of the papists disaffection to His Majesty and his government. And as to what Mr. Brown had suggested of the papists engaging in the expedition against Guardaloupe; Col. Morris said, he knew not above three papists that joined in that expedition. That in the district of Antigua, where he acted as Justice of the Peace, when the papists were summoned to take the oaths, &c., to His Majesty, none of them would take the oath of abjuration, and about one third of them offered to take the oath of allegiance, and he referred to his affidavit concerning the behaviour of several papists at the town of St. Johns, since His Majesty's accession. And in answer to what Mr. Brown had advanced concerning the papists defending Montserrat against Monsr. Cossart in the late war, as an instance of the said papists fidelity to the Crown of Great Britain. He observed that Monsr. Cossart came only for plunder, in which case it was natural for the papists to defend their effects; but that in all probability, if the French or any other power should come to proclaim the Pretender there, the papists would all join them. In conclusion, Mr. Brown alledged there was no proof of any particular persons, inhabitants of that island, drinking the Pretender's health; that Mr. Birmingham, if he were guilty of what was laid to his charge, had left the island before the Act passed; and that it would be hard for all to suffer for the folly and indiscretion of a few. That he believed, the whole number of papists at Antigua was not above 130. And he prayed their Lordships favourable representation against the said Act; but Mr. Brown being desired by Col. Morris and Mr. Perne, who were both inhabitants of the island, to enumerate such papists as he said, were men of estates, he named four or five, whom the said gentlemen agreed to be so. It being further observed, that several of the rebels from Preston had been transported to Antigua, their Lordships agreed to reconsider this Act at another opportunity.
Mr. Solicitor-General's report [fo. 164, 216], in answer to the letter writ him the 26th of last month, upon one from Col. Rhet, relating to a duty laid in Carolina on British commodities, was read; whereupon ordered that Mr. Shelton, Secretary to the Lords Proprietors of that province, be acquainted that the Board desire to speak with him next Tuesday come sevennight.
Mr. Micklethwaite and Mr. Bampfield, two of the agents for Barbadoes, attending, their Lords inquired of them whether they had any instructions from that island, concerning the Act passed there the 12th October, 1715, entituled, an Act for compiling the laws of this island; to which the said gentlemen answered, that they had not; whereupon they were acquainted that before the intended collection of the Barbadoes Acts were printed and published, it would be necessary that the same should be laid before this Board, for their Lordships consideration; and the said agents promised to signify it to their correspondents in Barbadoes accordingly.
Their Lordships taking into further consideration the letter from Genl. Hamilton [fo. 182, 228], Governor of the Leeward Islands, dated the 8th of February last, as also Col. Morris's letter, mentioned in the minutes of the 3rd instant, relating to the suspension of the said Col. Morris from the Council of Antigua; and Dr. Wickham, and Mr. Nivine with Mr. Tryon attending, according to appointment, as also Mr. Carpenter, Mr. Busby and other gentlemen concerned in the Leeward Islands; the attested copies of several affidavits referred to in Genl. Hamilton's said letter, were severally read; whereupon Dr. Wickham was asked what he had to offer in behalf of Col. Morris; to which he answered, that he had received copies of several affidavits from Antigua, and expected the originals, whereby he did not doubt to invalidate what had been sworn against the said Morris; and he presented to the Board a state of Col. Morris's case, which was read; and Mr. Carpenter, Mr. Chester and Mr. Tryon being asked concerning his character, the former said, that he only corresponded with him, that he never heard any reproach cast upon him either as to any disaffection to His present Majesty, or otherwise, and the two gentlemen last mentioned said, they did not personally know him.
Dr. Wickham was then desired to bring such of the most considerable merchants as are acquainted with Col. Morris, to inform the Board of his character, and that he would let the Secretary know when he should be ready to attend their Lordships again, in relation to this affair.
Ordered that the draught of a circular letter be prepared, to the Govrs. or Commanders in Chief of His Majesty's plantations in America, requiring them, when they give leave to any councillor to be absent from their respective governments, to do the same under their hands and seals, to be produced at this Board, as soon as possible after such councillor's arrival in Great Britain.
A representation, directed the 4th instant, to be prepared, upon several papers relating to a new settlement [fo. 188, 362] and independent government, proposed by Sir Robert Montgomery to be erected in South Carolina, was agreed and signed.
An Order of Council, of the 16th of last month, referring to the Board the petition of Mr. de Soulies [fo. 199], about making salt in the island of Minorca, was read; and the said de Soulies attending, the gentlemen undermentioned, were, at his request, desired to come to the Board on Tuesday next come sev'night, vizt.:— Sir John Jennings, Lieut. Genl. Carpenter, Col. Kane, Don Manuel Marcader, Vicar-General of Minorca, Capt. Dubuc, Capt. Baxter, Mr. Roope, Mr. Brown, and Mr. Harwood.
Mr. Attorney-General's report upon an Act passed at New York in 1710, entituled, an Act for the better settlement and assuring of lands in this Colony, was read; whereupon ordered that a copy of the said report be sent with the next letter to Brigadier Hunter [fo. 202], Governor of that province, &c. And that he be desired to acquaint the Board, if he have any thing further to offer concerning the said Act.
Monsr. de Soulies [fo. 198, 211] attending, with Captain Dubuc, Don Emanuel Marcader, Vicar-General of Minorca, Mr. Roope and others, according to appointment, as also Mr. Robert Trelawny, all which gentlemen, as they said, having been resident some time at the Island of Minorca, their Lordships had some discourse with them concerning the making salt in the said island; and they unanimously agreed, that the place was capable of producing great quantities of that commodity, but they seemed not entirely to concur in opinion as to the charge of making such an experiment, as Monsr. de Soulies proposed, who said, that a large salt-pit might be made at Fornelles, at the charge of about six hundred pounds, which if the government did not think fit to undertake, Monsr. de Soulies said, several merchants were ready to assist him in doing, provided they might have a patent for the same for fourteen years; but the said de Soulies being asked, if he had formed any scheme for putting the design in execution; he said, he had only made a draught of some ponds, which he proposed to be made, and humbly submitted the rest to His Majesty and the Ministry; whereupon he was directed to bring to this Board his two proposals distinctly in writing, what he had to offer, in case the Government should think fit to engage in making salt at Minorca, with the best estimate he could make of the charge thereof, and the method of proceeding in that affair, as likewise what encouragement would be expected by particular persons., if the undertaking were left to them.
At the same time, upon enquiry concerning any waste lands in Minorca, it was observed by Don Emanuel Marcader, that there were no lands in the said island, but what are either the property of particular persons or townships, so that where any land is required to be taken for salt-ponds, the same must be purchased.
Col. Kane [fo. 198, 211] coming to the Board, upon the same occasion, after the gentlemen above-mentioned were withdrawn, he acquainted their Lordships, that in his opinion, the making salt at Minorca would be a considerable advantage to His Majesty's subjects, if the same could be brought to perfection; and that General Carpenter and himself, with others, had formerly a design of making an experiment of it;—that he was informed, it would be necessary to have a supply of fresh water where the salt is to be made, which would be a considerable expence, but that if the Government incouraged persons of substance, that difficulty might be made easy.
Some heads of a charter of incorporation [fo. 173, 232] of the Grand Fishery of Great Britain, were read; and their Lordships gave directions for sending copies of the said heads of a charter, and of the petition of several lords and others on that subject, mentioned in the minutes of the 24th February last, to Mr. Solicitor-General, for his opinion thereupon.
A letter from Mr. Carkesse [fo. 79, 231], Secretary to the Commissioners of the Customs, with the extract of one from Mr. Dunbar, Surveyor-General of the Customs in the Leeward Islands, &c., relating to an Act passed at Antigua, to prohibit the importation of foreign sugars there, were read, and their Lordships agreed to take the same into further consideration at another opportunity.
A caveat signed by Mr. James Blew, in behalf of the merchants of London, trading to New York, &c. [fo. 224], against an Act of that province for paying and discharging several debts due from this colony to the persons therein named &c., was read and ordered to be entered.
A report to the Lords of the Committee of Council for Appeals, &c. [fo. 178, 206], pursuant to their order of the 20th of the last month, relating to the complaints of Mr. Mulford against Brigadier Hunter Govr. of New York, &c., was agreed and ordered to be transcribed.
Their Lordships taking into further consideration the Act [fo. 190, 217] passed at Antigua the 2nd of March, 1715/16 to prevent the increase of papists and nonjurors &c., with Mr. Attorney-General's report and other papers relating thereto, as mentioned in the minutes of the 8th inst. Directions were given for preparing the draught of a representation upon the said Act.
Mr. Hays attending according to appointment, he was asked several questions concerning Mr. La Roche's refusing [fo. 177, 206, 298] to act as Treasurer of the Factory at Lisbon. Whereupon Mr. Hays, said he had been concerned in partnership with the said La Roche, who now discontinuing the business, Mr. Hays had ingaged himself in another house there. That he expected Mr. La Roche here in a month or two, and that the main reason of his refusing the treasurership of the factory was, his being busied in making up his accounts in order to his return for this kingdom. That Mr. Josiah Milner had likewise some time ago refused to execute the office of treasurer, upon which another took it. And as to what was observed by the Board concerning the said Mr. La Roche having formerly declined to undertake the administration of a deceased gentleman's effects, when the Factory had chosen him for that purpose; Mr. Hays said, he was at Lisbon at that time, that the affair which their Lordships hinted at, seemed very much intangled; and that the house wherein Mr. La Roche was concerned had then the care of two other administrations upon them, which he thought was a reasonable excuse for refusing to be concerned in a third that had a prospect of being very troublesome. Mr. Hays added that there was a mistake made by the person he imployed to draw up the reasons, in behalf of Mr. La Roche for not accepting the said treasurership, where mention is made of the Board of Trade having represented the said Mr. La Roche's being uncapable of serving the Factory in any publick trust, it being only a memorial to their Lordships.
Mr. Hays being withdrawn, Mr. Milner came to the Board, as he had been desired, and their Lordships having some discourse with him on the same subject; he said, Mr. La Roche has always been refractory and troublesome in the Factory. That the said La Roche has refused the said charge three or four several times. That in the 24 years the said Mr. Milner resided at Lisbon, he did not remember any other instance of any member of the Factory refusing absolutely to act as treasurer tho' several had been excused, upon promise to serve another time, which they have accordingly performed; and it being observed to Mr. Milner, that it was alledged, Mr. Josiah Milner had refused the said office, he said that was only for a time, when his partners had served very lately before it was offered to him to serve, and that he had actually discharged the office afterwards.
A report to the Lords of the Committee for hearing Appeals [fo. 202] from the plantations, relating to Mr. Mulford's complaints against Brigadier Hunter, Governor of New York, as agreed at the last meeting, was signed.
A letter from Earl Stanhope, of the 21st instant, signifying His Majesty's having appointed Richard West Esqr. [fo. 213] one of His Majesty's counsel at law, to attend such law business relating to trade and plantations, as this Board do not conceive of that importance, to require the opinion of His Majesty's Attorney or Solicitor-General, was read, And Mr. West coming to the Board was acquainted that he should have notice when their Lordships desired his attendance.
Mr. Solicitor-General's second report upon the petition of some
disbanded officers and soldiers [fo. 162, 224], for a settlement on
the lands between New England and Nova Scotia, was read, as
likewise the three papers undermentioned therein referred to, vizt.:—
Mr. Coram's answer on the doubt arising, relating to a clause in the Massachusets Charter.
Mr. Dummer's reply to Mr. Coram's answer.
Letter from Mr. Barnstead to Mr. Solicitor-General, relating to the granting of lands in New England.
A printed memorial from the Marquis de Wignacourt [fo.] relating to His Majesty's title to the said lands between New England and Nova Scotia was also read, whereupon, ordered that the same be sent to Mr. Solicitor-General for his consideration, and that he be desired to inform the Board, whether he hath anything to add to his former report on that matter.
A memorial from Mr. Ingram [fo. 117, 297] relating to the transportation of wool to foreign parts, and proposing methods to hinder it, was read, and their Lordships resolved to proceed in the further consideration thereof at another opportunity.
Capt. de Leuze attending with Mr. Robert Cunyngham, of St. Christophers, they desired their Lordships would grant them a copy of the account which Mr. Duport [fo. 209] formerly laid before this Board, of his losses at the island of St. Christophers, the said Capt. having an account depending with Mr. Duport, who married the mother of the Captain's wife; whereupon these gentlemen were acquainted that it would be fit to speak with Mr. Duport, relating to this matter, and directions were accordingly given, that he have notice to attend the Board on Tuesday morning next.
Their Lordships then taking again into consideration the project of a treaty of commerce with Venice [fo. 162, 213], made some observations thereupon, and ordered that a copy of the 16th art. be sent to Sir Nathaniel Lloyd, His Majesty's Advocate General, for his opinion concerning it.
Mr. Duport [fo. 208, 214] attending, according to appointment, their Lordships desired to know, whether he had any objections to their giving Captain de Leuze a copy of the account of the said Mr. Duport's losses at the island of St. Christophers, as the said Captain De Leuze had desired the 24th instant, to which Mr. Duport answered, that he had some months ago obtained a determination of a suit in Chancery against the said Capt. de Leuze,—that he understood Mr. Cunyngham, who is a litigious person, had prevailed with Capt. de Leuze to renew the said suit, who having married the daughter of Mrs. Duport, had endeavoured to prove her mother perjured, and other ways behaved herself in so undutiful a manner that he thought they deserved no favour from him; however, he said he had no objection to their Lordships giving a copy of the said account.
Capt. de Leuze likewise attending, a memorial from him, setting forth his wife's pretentions to the estate and effects possessed by Mr. Duport and his wife, and praying their Lordships recommendation, in case His Majesty should be graciously pleased to order any reparation to be made for the said Duport's losses, that he the said de Leuze may have such part thereof, as of right belongs to his wife, and that he be allowed to have a copy of the account of Mr. Duport's said losses, was read; whereupon their Lordships agreed to give Capt. de Leuze an answer to the latter part of the prayer of his said memorial to-morrow morning, there being nothing of the former at present before the Board.
A letter from Mr. Lowndes [fo. 281] of the 24th inst., signifying the Lords of the Treasury's desire to know what services Capt. Taverner hath performed at Newfoundland, and if this Board have any objections to him, was read; whereupon ordered, that the several papers in this Office, relating to the said Taverner, be collected and laid before the Board.
A second memorial from Col. Philips [fo. Ill, 284], relating to Nova Scotia and Newfoundland, was read; whereupon ordered, that Brigadier Richards be acquainted, that the Board desire to speak with him at eleven of the clock to-morrow morning.
A representation from Mr. de Soulies, containing his propositions for the making of salt at Minorca, in case the Government shall think fit to undertake the same, or if it shall be thought fit to grant a patent for it to merchants or others, was read; and the said de Soulies attending, was asked what advantage he proposed to himself in the said undertaking, to which he answered, one third part of the net produce of the salt after the first charge of the experiment, or a salary, in proportion as the salt and labour increase, out of which third he proposed to defray the repair of the pits and all future labour, and as to a salary, he said, he hoped their Lordships would not think 300l. per ann. too much, which would be the only support of himself and family, after his long and faithfull services, of which he produced certificates.
Ordered that Mr. Marsh. [fo. 126, 220] who solicits in behalf of the petitioners against an Act of Antigua, entituled an Act to indemnify Anthony Brown and John Elliot of the aforesaid island gentlemen from a certain bond and articles of agreement by them entered into with George Pullen carpenter for the building a church, be acquainted that the Board have some time expected to hear when they would be ready to lay before their Lordships what they have to offer, relating to the said Act; and that the Board think it necessary to make a report as soon as may be, upon His Majesty's order of reference, relating to that Act.
Ordered that Mr. West [fo. 206, 222], one of His Majesty's counsel at law, appointed to attend the service of this Board, be acquainted, that their Lordships desire to speak with him on Friday morning next.
Ordered that Mr. William Walker, late of Barbadoes, be acquainted, that the Board desire to speak with him on Friday morning next, in relation to the Act passed in that island in 1715, entituled an Act impowering licentiate lawyers to practise as barristers in this island [fo. 218].
Brigadier Richards attending, their Lordships had some discourse with him about the fortifications and garrison at Placentia [fo. 156] in Newfoundland, whereupon he referred himself to his former reports on that subject, particularly that made in conjunction with the Comptrollers of the Army; and he added that no money had been appropriated by Parliament for the fortifications and ordnance service at Newfoundland, since Placentia has been in our hands, till this year a small sum for bedding, &c. for the soldiers there.—That there are no materials in Newfoundland for the fortifications, but what are carried from hence, which he formerly got carried thither by the fishing ships as ballast, and which is the cheapest way for performing that service.—That in his opinion it would be most for the advantage of Great Britain to have no settlements at Newfoundland, but a small fort and garrison only to keep possession of the island, the repair of the old forts being like to be of great expence to no purpose—that the erecting such a small fort may be worth consideration, and a supply for that purpose demanded in Parliament; but that it is requisite to take immediate care for covering the barracks and magazines, so as to preserve the men and provisions from the severity of the weather, the expence whereof should be no more than what is absolutely necessary, and for which Col. Philips should have money or credit here. In relation to Annapolis and the province of Nova Scotia, Brigadier Richards said, he could say little, having an account of that place only by report from others. That the French having a large colony against us, on that side it; would be of great advantage to have one as strong to oppose it; and it would be well if all our people who remain at Newfoundland, except a small garrison, were removed to Nova Scotia.
Brigadier Richards and Col. Philips being withdrawn, the two memorials from Col. Philips, mentioned in the minutes of the 3rd of March and 29th inst. were again read, and directions given for preparing the draught of a representation to His Majesty's thereupon.
Two letters from Mr. Shelton [fo. 182, 220] Secretary to the Lords Proprietors of Carolina, dated the 24th and 25th instant, relating to the Indian war there, and an Act of that province, whereby a duty of 10 per cent. is laid on British goods, were read, and directions given for preparing the draught of a representation to His Majesty, relating to the said Act.
Their Lordships took into consideration the draught of a representation upon the Act of Antigua, mentioned in the minutes of the 8th instant, relating to papists [fo. 203, 224] and made a progress therein.
Ordered that a letter be writ to Capt. Priswick [fo. 73, vide infra], who appears in behalf of Col. Codrington, to acquaint him, that the Board desire to hear what the Col. has to offer upon his petition for a tract of land in St. Christophers, referred to their Lordships by Order of Council of 29th August last.