Journals of the Board of Trade and Plantations, Volume 4, November 1718 - December 1722. Originally published by His Majesty's Stationery Office, London, 1925.
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Journal, March 1721
A letter from the Lord Viscount Townshend, dated the 24th of February last, referring to the Board the extract of a letter from Capt. Purvis, of the Dursley Galley, relating to the French settling the island St. Jean on the coast of Nova Scotia, was read; and Capt. Purvis, attending, their Lordships asked him several questions in relation to that matter.
Their Lordships took again into consideration an Act passed in Barbadoes, in 1718, (mentioned in the Minutes of 24th of the last month), entituled, An Act for the better ordering and regulating the proceedings of His Majesty's Courts of Common Pleas within this island, and made a progress therein
Mr. Gee and Mr. Cary attending, in relation to the bringing naval stores from the plantations, their Lordships after some discourse with them thereupon, desired they would put in writing what they had to offer, which they promised to do accordingly.
Mr. Barnes attending, their Lordships had some discourse with him in relation to the running of wool to France, and the running of wine, brandy and other goods from thence, who promised to put in writing what he had to offer to their Lordships upon that matter.
Letter from Colonel Shute, dated 11th June, 1720, transmitting a map of New Hampshire, and an account of Mr. Clarke's being chose a member of the Assembly for the town of Boston, whom he had removed from the Council.
Letter from Colonel Shute, dated the 12th of December, 1720,
relating to his Majesty's woods and the insults of the Indians in
The Treasurer of the Massachusets Bay's account for 1720.
The Treasurer of New Hampshire's account for 1718 and 1719.
Account of powder expended at Fort William and Mary, from October, 1717, to May, 1720, and of ordnance stores remaining there the 28th of May, 1720.
The secretary then acquainted the Board that Mr. Daniel Childe, late Chamber Keeper in their Lordship's service, was dead, and Mr. Docminique then recommending Mr. Richard Tregonning to supply his place, their Lordships agreed thereto, and ordered that he be directed constantly to execute the business of the Board himself, and not by deputy.
Mr. Scheef attending, with Mr. Long as his interpreter, presented to the Board a petition in behalf of himself and the Germans dwelling in Schorie in New York, praying for a copy of the order for the papers relating to the said Germans, to be transmitted to the Governor of New York, which was read, whereupon ordered that the secretary remind Mr. Burnet of his letter to him of 29th November last, in relation to that matter, and to write a letter to the said Mr. Scheef, to direct him to admonish the Palatines to submit to such orders as the Governor shall from time to time give them.
A memorial from Mr. Elias Barnes, with proposals for preventing the running of wool into France, and an account of the methods used in smuggling and running of wool and brandy, wine, lace and other goods, was read; and their Lordships agreed to take that matter into further consideration at another opportunity.
Mr. Attorney General's report upon the extract of a letter from Colonel Shute, and of the charter by King William and Queen Mary, to the province of the Massachusets. relating to the negative voice reserved to the Governor, &c., dated the 27th of February last, was read.
A letter from the secretary to Mr. Burnet, Governor of New York, as directed yesterday to be prepared, in relation to the Palatines there, as also another to Mr. Scheef, directing him to admonish the said Palatines to submit to such orders as they should receive from the Governor of that province, were agreed and ordered to be sent.
A letter to Mr. Burchett, Secretary to the Lords of the Admiralty, inclosing the heads of inquiry for Capt. Stuart, appointed Commodore of Newfoundland, (in the Minutes of the 24th of the last month), was agreed and ordered to be sent.
Upon consideration of which act their Lordships observed it hath
had its effect for some time past, and no complaints have been made
of it; however their Lordships were of opinion that the term of
fifteen days prescribed by the act for persons to bring in their
demands, is not by any means sufficient with respect to persons
being out of the island, and consequently might be of prejudice to
them; their Lordships therefore thought it proper the Governor
of that island should have notice to grant a larger time in future
acts of this kind.
An Act to raise a levy on the several inhabitants of this island.
Passed 21st May, 1718.
Has had its effect. No objection.
An Act for the better ordering and regulating the proceedings of His Majesty's Courts of Common Pleas within this island; whereupon ordered that a letter be writ to Mr. Lowther, to desire him to put in writing the reasons that induced him to pass the said act.
Ordered that a letter be writ to the Lord Viscount Irwin, appointed Governor of Barbadoes, to require the passing another act to amend the aforesaid act by reserving the right which all bodies politic and corporate as well as all persons whatever, who are not mentioned in the aforesaid act, may have to the lands thereby to be disposed of, and which should have been reserved in consequence of the 14th instruction to the Governor of Barbadoes; and that the Lord Viscount Irwin be at the same time acquainted, that for the future, if the like or other saving clauses, required by His Majesty's instructions, shall be omitted in any private acts, the same will be immediately laid before Mis Majesty, for his disallowance.
An Act for the further and better inabling the committee appointed for settling the public accounts of this island, to proceed to
the balancing accounts of the Honourable Thomas Maycock, Esq.,
late Treasurer of the said island. Passed 6 June, 1718.
To be confirmed.
An Act to impower the Treasurer of this island to defray the
expence of the late Grand Sessions held for the body of this island
on the 10th, 11th, and 12th days of June, 1718. Passed 6th June,
To be confirmed.
An Act granting a free liberty to the inhabitants of this island
in general, to load and unload to and from any the bays, creeks or
harbours in and about this island. Passed 15th July, 1718.
Whereupon ordered that it be sent to the Commissioners of the Customs, to know whether they have any objection to it.
An Act to confirm an assessment of negroes' labour and carriage
of carts, laid on the owners of said negroes and carts within the
parish of Christ Church, by the gentlemen of the vestry of the said
parish. Passed 30th September, 1718.
Has had its effect. No objection.
Their Lordships took into consideration the draught of an answer to the letter from the Lord Viscount Townshend, dated the 24th, February last, referring to the Board the extract of a letter from Capt. Purvis, of the Dursley Galley, relating to the French settling the island St. Jean, on the coast of Nova Scotia, (mentioned in the Minutes of the 1st inst.), and made a progress therein.
A representation proposing Archibald McPhedris, Nicholas Gilliman and Peter Ware, to be of the Council of New Hampshire, in the room of Thomas Philips, Theodore Atkinson and Thomas Gerrish, was agreed and signed.
A letter to the Lord Viscount Townshend, in answer to his, dated the 24th of February last, referring to the Board the extract of a letter from Capt. Purvis, of the Dursley Galley, relating to the French settling the island St. Jean, on the coast of Nova Scotia, (mentioned in yesterday's Minutes), was agreed and signed.
The secretary then acquainted the Board that Mr. Dummer and Mr. West could not attend their Lordships, as they had been directed yesterday, by reason of business, whereupon their Lordships ordered that they be acquainted that the Board desire to speak with them to-morrow morning.
Mr. Lowther, late Governor of Barbadoes, attending as he had been desired, in relation to an Act passed there in 1718. (mentioned in the Minutes of the 10th inst.), entituled, An Act for the better ordering and regulating the proceedings of His Majesty's Court of Common Plaes within this island; their Lordships had some discourse with him thereupon, and reading the reasons against it that are annexed to Mr. West's report upon the said act, (mentioned in the Minutes of 5th July, 1720), to which he gave answers, their Lordships desired he would put the same into writing as soon as he could, which he promised to accordingly. Mr. Lowther then desired a copy of the said reasons, whereupon it was ordered that they be transcribed and sent to him.
Their Lordships had likewise some discourse with him in relation to another Barbadoes Act passed in, 1718, entituled, An Act for granting a free liberty to the inhabitants of this island in general, to load and unload to and from any the bays, creeks or harbours in and about this island, (mentioned in the Minutes of the 10th inst.); upon which he said, that his reasons for passing that act, was, that several persons having tracts of land next the seaside, did make an advantage of it by not suffering people to load or unload at the creeks and harbours there, without paying a consideration, and thereby obliging them to go seven or eight miles about, which, as he thought, was a general oppression, and that all harbours ought to be free, he therefore passed the aforesaid act.
A letter to Mr. Carkesse, desiring to know whether the Commissioners of His Majesty's customs have any objection, and what, to the aforesaid act, (ordered to be prepared the 10th inst.), was agreed and ordered to be sent.
Mr. West attending, as he had been desired, their Lordships had some discourse with him, in relation to an act passed in Barbadoes, in 1718, entituled, An Act to dock the intail limited on certain lands, &c., in the parish of St. Philip, and invest the fee thereof in John Jones, gentleman; Whereupon he was desired to think of proper regulations and restrictions to be sent to Governors, by way of instruction for their better government in the passing of private acts for the future.
A letter from Mr. Lowther, late Governor of Barbadoes, desiring a copy of the Act about Common Pleas, passed in 1718, (mentioned in the Minutes of 14th inst.), in order to answer the reasons against the act sent him the same day, was read; ordered that the said act be forthwith copied and sent him.
Mr. Smith, secretary to the province of New Jersey, attending, presented to the Board a memorial, which was read, in relation to several hardships that he suffered by some acts passed in that province, in the 12th and 13th of queen Anne, viz. One for shortening of law suits, another for recording of deeds in each respective county, and another for regulating fees, by which acts he not only suffered as secretary, but also as clerk of the Supreme Court. clerk of the Council, surrogate and keeper of the records, which offices are annexed to the secretaryship of that province; their Lordships, after some discourse with him thereupon, gave directions for preparing the draught of a letter to Mr. Burnet, Governor of that preparing the draught of a letter to Mr. Burnet, Governor of that province, directing him to examine into that matter, and send their Lordships a true state thereof.
Mr. Vernon attending, acquainted the Board, that he had received information from Jamaica, that there had been some difference between Sir Nicholas Lawes, Governor of that island, and Commodore Vernon his son, in relation to his having hindered the officers searching some ships there, for French indigo; and that he was informed, the Governor had sent over some complaints against the said Commodore upon that account; their Lordships, after some discourse with him thereupon, acquainted him, that so soon as they had read those letters from Sir Nicholas Lawes, which relate to that matter, he should have timely notice.
Letter from Sir Nicholas Lawes, Governor of Jamaica, dated the
13th November, 1720.
Two speeches of Sir Nicholas Lawes, to the Council and Assembly of Jamaica, the 4th and 25th of October, 1720.
Minute of Council, of the 6th of October, 1720. relating to the money due to Lord Archibald Hamilton.
Letter from Sir Nicholas Lawes, dated the 28th of December,
Copy of Sir Nicholas Lawes's order to the Commander of Port Royal, &c., to be aiding to the Port-Officers in their search after some French Indigo, &c., as also copies of several depositions relating to Commodore Vernon's obstructing the said officers in that duty.
Minutes of Council. from the 18th of September, to the 29th of November, 1720.
Minutes of Assembly, from the 5th of October, to the 5th of November, 1720.
An Act for fitting out sloops or other vessels for guarding the sea-coast and better defence of the island. Passed November 5th, 1720.
An Act to impose duties on several commodities, to defray the extraordinary charges of the Government, and applying the same to several uses. Passed November 5th, 1720.
Colonel Cadogan attending, acquainted the Board, that Francis Rose, Esq., president of the Council of Jamaica, was dead; and at the same time desired that Anthony Swymmer, Esq., might be recommended to succeed him, whereupon a representation to His Majesty for the purpose, was agreed and signed.
Mr. Morrice attending, upon a difference between Sir Nicholas Lawes and Commodore Vernon, in relation to the said Commodore's having hindered some officers at Port Royal from searching some ships that had been before cleared, for French indigo; their Lordships had some discourse with him thereupon, and he promised to lay before the Board some letters that he had received from Jamaica relating to that matter.
A letter from Mr. Sutton to Colonel Bladen, dated at Barbadoes, the 23rd of January, 1720—21, in relation to Mr. Cox's having displaced all the officers civil and military in the island, was read; whereupon ordered that the draught of a letter be prepared to inclose the same to the Lord Carteret, (vide Minutes of the 28th March. 1721).
A letter from Colonel Spotswood, Lieut. Governor of Virginia,
dated the 16th of January, 1720—21, was read, and the papers,
therein referred to, were laid before the Board, viz.
Speeches and addresses of the General Assembly, in November, 1720.
Address of the Council and Assembly to the king, in December, 1720.
The Governor's charge of the Grand Jury, and their address to him, the 19th of October, 1720.
Three Acts passed in November, 1720.
Mr. Lowther, late Governor of Barbadoes, attending, as he had been desired, in relation to an act passed in Barbadoes in 1720, (mentioned in the Minutes of the 17th of last month), entituled, An Act for preserving the peace and tranquillity of this island: their Lordships had some discourse with him thereupon, and asking him whether what was contained in the said act, in relation to the restraining presidents, during the absence of the Governor, from making any alterations in the government, without a majority in the Council of seven, could not be as well effected by an instruction as by an act, since the prerogative of the crown is therein concerned; he said, that if the act was confirmed, any person that should find himself aggrieved might be relieved by an action at law, which would not be the case, if the same was only directed by an instruction.
Mr. Vernon attending, as he had been desired, in relation to his son, Commodore Vernon's, having hindered the officers from Port Royal in Jamaica, searching some ships, under pretence of looking for French indigo; in vindication of the said Commodore, Mr. Vernon read to the Board a memorial from the merchants to the said Commodore, to return him their thanks for having assisted them against such an oppression.
A letter from Mr. Cox, president of the Council in Barbadoes,
of 23rd January last, was read, and the papers, therein referred to,
were laid before the Board, viz.
A representation of the present state of Barbadoes. and of the conduct of those persons left in power by Mr. Lowther.
Mr. Cox's speech to the Assembly, the 13th January, 1720—21.
State of the Council.
Several transactions in relation to an address to His Majesty by the Assembly.
Minutes of Assembly, of the 5th and 13th of January, 1720—21.
Extract of the Minutes of Council, of 7th June, and 5th August, 1720, as also of two acts, one for preserving the Peace, &c., the other for commuting the value of powder, &c.,
Minutes of Council, from the 5th of December, 1720, to the 18th January, following.
Mr. West attending, as he had been desired, in relation to an Act passed in Barbadoes, in 1720, and mentioned in yesterday's Minutes, entituled, An Act for preserving the peace and tranquillity of this island; their Lordships took the said act into further consideration, and having had some discourse with Mr. West thereupon, agreed that the act should lie by for the present; and ordered that Mr. West should have a copy of the Governor's instructions.
Mr. Eyles and Mr. Newport attending, presented to the Board a memorial from themselves and several other gentleman, merchants and planters concerned in the island of Barbadoes, in behalf of John Frere, Thomas Maxwell, Thomas Maycock, Guy Ball, John Lucy Blackman, William Carter and Francis Bond, Esqrs., lately suspended from being of His Majesty's Council in Barbadoes, by Samuel Cox, Esq., president thereof, and praying to be heard in behalf of the said suspended councillors, as also to have a copy of the reasons alleged by the said Mr. Cox for such suspension, before this Board make any report thereupon; which memorial was read; and their Lordships were pleased to order them a copy of the said reasons, and agreed that they should have notice before their Lordships' report be made in this affair.
Mr. Bampfield, attending at the same time, communicated to the Board a letter to himself and Mr. Stevenson, agents for the island of Barbadoes, from Mr. Sutton, speaker of the Assembly of that island, dated the 23rd of January last, relating to the said president's having suspended seven of the Council, and his intention to displace the judges, &c., which was read.
Ordered that a letter be writ to Mr. Carkesse, Secretary to the Commissioners of the Customs, to remind him of what the Secretary of this Board writ to him the 14th instant, and to desire their Lordships may have the opinion of the said Commissioners, as soon as may be, upon the Act of Barbadoes therein mentioned, entituled, An Act granting a free liberty to the inhabitants of this island in general, to load and unload to and from any the bays, creeks or harbours in and about this island.
The Board then proceeded in the consideration of the several
Acts of Barbadoes undermentioned, which were read, and their
Lordships agreed or ordered to be noted upon each act, as expressed
under its title, viz.
A supplemental Act to the Act to enable and impower the Treasurer to pay unto Doctor Holmes the arrears due to him on account of the French prisoners in the late War.
Passed in December, 1718.
No objection; but supposed this act may already have had its effect.
An Act for abrogating the oath appointed by an act of this island to be taken by attorneys employed to draw up special verdicts, and appointing another act instead thereof.
Passed in February, 1718—19.
This to attend the fate of the act to which it refers, dated the 6th June, 1718, for regulating the Court of Common Pleas.
An Act to impower the Treasurer of this island to defray the expences of the late Grand Sessions, held for the body of this island, the 9th, 10th, 11th, and 12th days of December, 1718. Passed in February, 1718—19.
No objection; but supposed to have had its effect.
An Act for the encouragement of William Masset in his new projection of making worms, and altering still-heads for the better improvement of distillation. Passed in April, 1719.
No objection. To be confirmed.
An Act for docking the intail of a certain plantation situated in the parish of St. Lucy in this island, and of certain negroe slaves, and for settling the same in fee simple on Elisha Goulding of the said parish, gent. Passed the 15th August, 1719.
Mr. West's report upon this being read, as likewise that part of his report, mentioned in the Minutes of 5th July, 1720, which relates to an act of the same island, to dock the intail limited on a certain plantation in the parish of St. Philip, and to invest the fee thereof in John Jones, gent. Their Lordships found the same objection to the act concerning Mr. Goulding, as to that concerning Mr. Jones, and ordered the like notice to be given thereupon to the Lord Viscount Irwin, as directed the 10th inst., upon the said act relating to Mr. Jones. But considering that private acts have been allowed off, in the same terms, it is ordered that these acts be likewise confirmed, but that the form of a fuller saving clause, not liable to the same objections, be drawn and transmitted to the said Lord Irwin, to be for the future inserted in all Private acts.
Mr. Erle, Member of Parliament for Bristol, attending with Mr. Francis Stevens, and desiring the Board to take into consideration the case of the said Stevens and other merchants and owners of the ship Callabar Merchant of Bristol, which was lately plundered by pirates on the coast of Africa, and brought some negroes to Virginia, given by the said pirates to the master of the said ship, in lien of great part of her cargoe. so plundered; the said negroes being seized there for His Majesty by order of Colonel Spotswood, Lieut. Governor of that colony: a letter from Mr. Charles Stanhope, dated the 22nd instant, signifying the desire of the Lords of the Treasury that this Board would give them their opinion on the said case, was read, together with the case itself, as also the affidavits of the master and chief mate of the ship in proof of the facts set forth in the said case: and their Lordships observing to Mr. Erle and Mr. Stevens, that the negroes, which the owners of the said ship desire to have restored, or the value of them, may possibly be claimed by persons who were robbed of them by these pirates: Mr. Erle thereupon said, that security should be given to answer any legal claim on that account, if His Majesty should be graciously pleased to bestow the said negroes, or value of them, on the owners of the said ship and others concerned therein.
A letter from the Lord Carteret of this day, referring to the Board an extract of a letter from Colonel Spotswood, Lieut. Governor of Virginia, in favour of Captain Kennedy, Commander of the said ship Callabar Merchant, was read; and their Lordships gave some directions for preparing a letter to the Treasury, relating to the case of the owners of the said ship.
Two letters from the Lord Carteret, to this Board, both dated the 25th, were both severally read, with the papers therein inclosed, the one referring to their Lordship's two petitions from several gentlemen of Barbadoes, complaining of the administration of Mr. Cox, president of the Council there, and of their being suspended from the said Council; the other referring to the Board an address from the General Assembly of Barbadoes to His Majesty, recommended by many principal merchants of London to the Lord Irwin, to be laid before His Majesty.
A letter from Mr. Whitworth. secretary of Barbadoes, to Mr. Chetwynd, dated the 23rd instant, with an extract of one from Mr. Lenoir, his deputy, relating to Mr. President Cox's taking several fees of the secretary's office to himself, were read.
Then their Lordships proceeded in preparing the draught of a representation to His Majesty upon the letters abovementioned from the Lord Carteret, and other papers relating to the conduct of the said Mr. Cox. in the government of Barbadoes, and agreed that the letter prepared, pursuant to the Minutes of the 22nd instant, for inclosing to the Lord Carteret a copy of the letter from Mr. Sutton to Colonel Bladen, need not be sent.
Their Lordships agreed the draught of a representation to His Majesty upon the letters from the Lord Carteret, mentioned in yesterday's Minutes, and other papers relating to the conduct of Mr. Cox, president of the Council of Barbadoes, and ordered the same to be transcribed.
A representation to His Majesty, as agreed at the last meeting, upon the letters from the Lord Carteret and other papers, relating to the conduct of Mr. Cox, president of the Council of Barbadoes was signed, together with a letter for inclosing the same to his Lordship.
A letter from Sir Charles Cox, dated this day, desiring the copy of an address which, he alledges, the Assembly of Barbadoes passed in an unjustifiable manner, and denied a copy thereof to his brother, now president of His Majesty's Council of that island, was read; whereupon ordered that Sir Charles Cox be acquainted that an address from the said Assembly of Barbadoes to his Majesty, lately received by this Board, was transmitted by the Right Honble. the Lord Carteret, one of His Majesty's principal secretaries of State, and that their Lordships think it not proper for them to give copies thereof, before His Majesty's pleasure be known thereupon.
A letter from Mr. Cox, president of the Council of Barbadoes, dated the 4th of the last month, was read; transmitting duplicates of the Minutes of Council of that island of the 7th of June and 5th August, 1720, and copies of two acts passed in June, 1720, received and read by the Board the 23rd inst.
The draught of a letter from the secretary of this Board to Mr. Charles Stanhope, one of the secretaries to the Lords of the Treasury, in answer to that from him of the 22nd inst., upon the case of the owners of the ship Callabar Merchant of Bristol, which had been plundered by pirates on the coast of Africa, was agreed and ordered to be sent.
A letter from the Lord Carteret, of the 29th inst., referring to the Board a memorial for Mr. Whitworth, Secretary of Barbadoes, complaining of infringement on his office by Mr. Cox, president of that island, was read, and their Lordships agreed to take the same into further consideration at another opportunity.