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 1719
A memorial from the agents of Barbadoes praying to have a copy of the report of this Board and the papers relating thereto, which was made upon the petition of the said agents against setting up an Ecclesiastical Court in Barbadoes, was read: whereupon their Lordps. being informed that Mr. Gordon, the Lord Bishop of London's Commissary at Barbadoes, who now complains of the said agents before the Lords of the Committee of Council has had a copy of the said report communicated to him by the Bishop, and it being alledged that such copy will be material in the said agents' defence, the Board consented to let them have a copy, tho' it be unusual to grant copies of repns. before His Majesty's pleasure be declared thereupon.
Their Lordps. taking into further consideration the suspension of Col. Thos. Morris from his place in the Council of Antegoa, directions were given for preparing the draught of a representation to His Majesty, relating to that matter.
The draught of a letter to Sir Nic. Lawes, Governor of Jamaica directed the 25th of last month to be prepared upon the letter from Mr. Burchett relating to a debt due from the executors of Mr. Stukely to the Commissrs. for victualling His Majesty's Navy was agreed and ordered to be transcribed.
A letter from the Lord Guilford dated the 26th of the last month, relating to security to be given for the Commander in chief of Maryland's observing the Acts of Trade upon the absence of the Deputy Governor, was read, and the draught of a representation being prepared upon the Lord Guilford's petition, praying leave for Mr. Hart, Deputy Governor of the said province to be absent, the same was agreed and signed.
A letter from Mr. Fairechild, Mayor of Barnstaple, dated the 27th of the last month, about carrying materials for a redoubt near Placentia in Newfoundland was read, and a copy thereof ordered to be sent to the Secry. of the Ordnance for the information of that Board.
A letter from Col. Shute, Govr. of the Massachusets Bay dated the 1st of Jan., 1718—19, relating to his forbidding the French to fish in any part of Nova Scotia, was read, and the 38 acts of New Hampshire therewith transmitted were laid before the Board.
A letter from Mr. Burchett, Secry. to the Lords of the Admiralty dated the 13th past inclosing the extract of one from the Captn. of the Squirrel man of war, relating to the Fishery on the coast of New England and Nova Scotia, was read: whereupon directions were given for preparing the draught of a letter to Mr. Secry. Craggs on that subject.
Their Lordships then made a progress in considering the Order of Council, dated the 6th and mentioned in the Minutes of this Board of the 25th of the last month, with the two memorials from the Admiralty to His Majesty and the papers therein referred to, relating to the general instructions to the Governors of His Majesty's plantations in America concerning pirates' effects, and about incroachments on the jurisdiction of the Admty. Courts, and gave some directions for preparing the draught of a representation thereupon.
In the meantime ordered that the Secry. write to Mr. Burchet, Secry to the Lords of the Admty., to desire this Board may have a copy of the instructions, if any are given to the Govr. of the plantations with their Vice Admty. Commissions.
Further ordered that the Secry write to Sir Edward Northey to signify the Board's desire to be informed what judgement was given in the cause of Col. Quary, Judge of the Admty in Pennsylvania, which is mentioned in Sir Edward's report on several queries relating to the Admty. jurisdiction in the plantations dated the 21st of August, 1702.
Mr. West attending, an Act passed in Pennsylvania in 1718, intituled An Act for the advancement of Justice and more certain administration thereof, was read, as likewise Mr. West's report thereupon, and their Lordships agreed to represent the said Act to His Majesty for confirmation.
Mr. West's report upon two parcells of Acts, passed in Pennsylvania, the one between the 14th of October, 1712, and the 27th of March, 1713, the other parcell between the 14th October, 1714, and 28th of May, 1715, was likewise read, as also the Act contained in the last mentioned parcell intituled an Act of Priviledges to a Freeman, upon which Act their Lordships observing that by the general words therein it might interfere with the Acts of Trade and other laws of this kingdom made or to be made, the Board agreed to represent the said Act to be repealed.
Another Act in the said last mentioned parcell, intituled An affirmation Act for such who for conscience sake cannot take an oath, was read, and the Board agreed to represent the said Act for confirmation.
An Act in the same parcel intituled An Act for the ease of such as conscienciously scruple to take the solemn affirmation formerly allowed in Great Britain was also read, and there appearing the same objection against this Act as against a former passed in Pennsylvania in 1710—11, relating to the affirmation allowed to Quakers which was repealed the 20th of Feb., 1713—14, viz:—that the name of Almighty God was not mentioned therein, whereby the toleration to Quakers would be further extended than by the Laws of this kingdom has yet been done; their Lordps. agreed to represent this Act to be repealed.
Then the Board proceed to consider an act passed in the Massachusets Bay in 1718 intituled An Act for granting unto His Majesty several Rates and Duties of Impost and Tonnage of Shipping, which was read, and directions were given for sending the said act to Mr. Carkesse with the desire of this Board to have the opinion of the Commissrs. of His Majesty's Customs thereupon.
An Order of the House of Lords dated the 7th inst. requiring the Board to lay before that House an account of what has passed before them, in relation to a clause in the Bill entituled An Act against clandestine running of uncustomed goods and for the more effectual preventing of frauds relating to the Customs about the premium for importing pitch and tar from the West Indies, and that such Commissioners as are not members of either House of Parliament do attend the House of Lords on Thursday next, was read, and directions given for preparing copies and extracts of the Minutes of the Board and other papers on that subject.
Ordered that a letter be writ to the Secry. of the Commissioners of the Navy to desire from them an account of the quantities of pitch and tar and turpentine bought by the Navy in the years 1713, 1714, 1715, 1716, and 1717, and that some of the said Commissioners would give this Board an opportunity of discoursing with them on that subject on Thursday morning next.
Further ordered that a letter be writ to Mr. Carkesse to desire that such of the Commissioners of the Customs, as are to attend the House of Lords on Thursday morning next, would give this Board an opportunity of discoursing with them between ten and eleven of the clock that morning.
The copies and extracts of several Minutes of the Board and other papers relating to the proemiums for importing pitch and tar from America, being prepared and laid before the Board, a progress was made in the examination thereof.
A letter from Mr. Percival, Secry to the Navy Board, dated yesterday, inclosing an account of pitch, tar and turpentine imported from the plantations and bought for the Navy in the years 1713, 1714, 1715, 1716 and 1717 was read together with the said accounts.
Sir Walter Young and Mr. Walker, two of the Commissrs. of the Customs coming to the Board as desired, as also Mr. Carkesse, who delivered to their Lordps. an account of pitch and tar imported and re-exported in the years 1716 and 1717, their Lordps. had some discourse with them, as likewise with Mr. Ackworth, Surveyor of the Navy, (who came after the Commissrs. of the Customs were withdrawn), on the subject of the clause mentioned in the order of the House of Lords, which was read the 10th inst. relating to the prœmiums on pitch and tar imported from the plantations: and the Commissrs. of the Customs having said that it would be difficult for their officers to determine upon view what tar is fit for cordage, the Board declared they understood no more by the words in the clause than that the officers of the Customs should certify to the best of their knowledge.
Then the extracts of the Minutes of this Board of the 2nd, 5th, 13th, 20th and 22nd of January last, relating to the prœmiums for pitch and tar imported from the plantations, were delivered to the Earl of Holderness, and his lordship was desired to lay the same before the House of Lords, pursuant to the Order of the House, as abovementioned, and the copies of Mr. Astell's meml., the petition of the merchants trading to New England, Virginia, Carolina, &c., and of Mr. Ackworth's heads for a clause, with other papers on the subject of the said premium, were delivered to Mr. Molesworth and Mr. Pulteney, who went to the House, as required by the said order.
A letter from Earl Stanhope of the 4th instant, together with an inclosed extract of one from Mr. Wich, dated at Hamburgh the 7th of March, 1719 N.S., relating to our herring trade there, was read, whereupon their Lordps. agreed to speak with some of the gentlemen concerned in the fishery of North Britain on this subject the first opportunity.
A reference from Mr. Secry. Craggs of the 3rd instant upon the petition of Jacob Hollister and partners of Bristol, merchants, praying for leave to bring off their effects from Barbary, was read, as likewise the said petition; whereupon ordered that the petitioners, or those who appear for them, be acquainted that the Board desire to speak with them on the subject of the said petition on Wednesday morning next.
Ordered that letters be writ to the Governors of the Eastland and Russia Companies, and to Mr. Astell, to remind them of the Secry's. letter of the 5th of Feb. last, and to desire if they have anything to offer for improving the trade to Denmark they will send it to this Board in writing as soon as may be.
Then their Lordships proceeded to consider the Act passed in Pennsylvania entituled An Act directing appeals to Great Britain, which was read, (the same being contained in the bundle of Acts passed there between the 14th of October, 1714, and the 28th of May, 1715), and some observations made thereon, which were agreed to be further considered at another opportunity.
A letter from Col. Phillips, Governor of Nova Scotia, dated in London the 11th instant, together with one inclosed from Capt. Doucet, Lieutenant Governor of Annapolis Royal in that province, dated there the 15th of November last, were read; whereupon ordered that Col. Phillips be acquainted that the Board desire to speak with him on Thursday morning next.
A letter from Mr. Carkesse of 14th instant inclosing the observations of the Commissr. of His Majesty's Customs upon an Act passed in the province of the Massachusets Bay in 1718 intituled An Act for granting unto His Majesty several Rates and Duties of Impost and Tonnage of Shipping, was read, together with the said observations: whereupon directions were given for preparing the draught of a representation to His Majesty in order to the signification of His Majesty's disallowance of the said Act.
Ordered that the Secry. send to Mr. West, one of His Majesty's Council at Law, the entry of the Pennsylvania Charter, for his opinion whether by that charter the Government of Pennsylvania can re-enact laws that have been repealed here, and whether the time of the delivery of any laws to this Board will come within the six months, wherein the pleasure of the Crown is according to the said charter to be declared for repealing any law passed there, or whether the said time is to commence when such laws shall be laid before His Majesty with the representation of this Board thereupon.
Mr. Dogget, one of the persons concerned in the petition of Jacob Hollister and others, merchants of Bristol, for a licence that their ship, called the Dove Snow, may go to the coast of Barbary to bring away their effects, which they alledge remain there unsold to a considerable value, the said Mr. Dogget was asked several questions on the subject of the said petition, whereupon he said he understood several Barbary merchants residing in London had lately on their application to His Majesty obtained a licence for three ships to go to the coast of Barbary, which licence was to extend for nine months, whereby they might, as he alledged, have an opportunity of making three voyages in that trade with each vessel, though he questioned whether the said merchants of London had any effects then remaining in Barbary. That the Brass Works at Bristol are chiefly carried on by great quantities of copper brought from Barbary in exchange for English goods, and the merchants at Bristol are sufferers by the interruption of that trade as well on account of their effects which have been already sent from this kingdom to Barbary, as for want of copper to be used in the works abovementioned, and they having had no advantage in the said licences given to the merchants at London, he hoped the merchants at Bristol might have the favour of a licence for this small vessell, which is but of 60 tuns, and which they desire but for one voyage.
A letter from Sir Alexander Cairnes, dated yesterday, desiring the See. to put the Board in mind of their report concerning the grant of land, and an allowance for the fishery on the coast of Nova Scotia, as proposed by Sir Alexander and others, was read, and their Lordships agreed to consider the same on Friday morning next.
A letter to Mr. Secry. Craggs in answer to his of the 9th December last upon a letter from Mr. Geo. Vaughan, and the extract of one from Mr. Shannon, relating to the fishery on the coast of New England and Nova Scotia, as likewise to the conduct of Captain Smart, Commander of His Majesty's Ship Squirrel on that station, was signed.
Another letter from Mr. Burchett, dated the 14th inst., inclosing a translation of the Vice Admity. Commission given to the Governor of Barbadoes in the year 1714 was read, and the said translation laid before the Board.
Colonel Philips, Governor of Nova Scotia, attending, as desired, he was asked if he had anything further to offer to the Board in relation to the said province, besides what he communicated with his letter, which was read the 17th inst. whereupon he read part of a letter to himself from Stephen Doucet, Lieut. Governor of Annapolis, a copy of which part he promised to transmit to the Board, and he added in discourse that he was informed the French had made reprizals upon His Majesty's subjects fishing on the coast of Nova Scotia on account of the interruption the French had last year in the fishery there. That he understood there were ships of war now appointed to attend New England and New York, and he desired one might be appointed for Nova Scotia, which he thought absolutely necessary for protecting the fishery from the incroachments of the French, and he repeated his former proposal of some presents for the Indians, to prevent their depending so much upon the French, as they do at present. And as to the boundaries of the province, Col. Philips communicated to their Lordships the copy of a memorial which had been presented to the French Governor of the Island Breton on that subject, which was read.
The Lord Bishop of London then acquainted the Board that he had received a copy of their Lordps'. report upon the petition of the agents of Barbadoes to His Majesty relating to an Ecclesiastical Court attempted to be erected in that island, upon which his Lord ship proceeded to represent wherein he thought himself aggrieved by that report in order to their Lordps. rectifying what, he said, had been mistaken.
His Lordship observed that the agents accuse him of sending priests to Barbadoes, by which, he supposed, they meant Popish priests, which his Lordship said, he was very far from doing, and though Dominick Langton, whom he recommended to that island, had been 18 years before a popish priest, yet he was but one, whose age and want of means of support, with his being reconciled to the Church of England so long before, had been the occasion of his Lordship sending him to the said island; and for the censure of the House of Commons of Ireland against the said Langton, he had heard the House of Lords there had cleared him.
As to the allegations that the powers given by former Commissions to the Bishops' Commissaries in Barbadoes were more restrained than in his Lordship's late Commission to Mr. Gordon: his Lordp. said, it must be owned, that the exceptions and reservations made in His Majesty's instructions to the Governor were observed in his Lordship's Commission to his Commissary, and his Lordship insisted that he had not in that Commission exceeded the intent of the words as far as conveniently may be, which are in His Majesty's instructions, on which occasion his Lordship owned that he had no other authority in the plantations than what is founded on His Majesty's instructions to his several Govrs. there. His Lordship then read his reasons against the said report, which he said he had drawn up in writing to prevent being misunderstood, and upon the Board's request he left the said reasons with them.
A letter to Mr. Secry. Craggs upon the petition of Jacob Hollister and partners of Bristol, merchants, praying that His Majesty would grant them a licence for a small vessel to bring home their effects from Barbary, was agreed and signed.
Their Lordps. took into further consideration the Order of the Committee of Council for hearing appeals, which was read the 18th of December last, and other papers relating to a grant of land desired by Sir Alexander Cairnes and others on the coast of Nova Scotia, and directions were given for preparing the draught of a report in answer to the said Order.
Ordered that the Secry. write to Mr. Campbell, member of Parliament for Glascow, to acquaint him that the Board desire to speak with him and any other gentlemen he shall think fit to bring, on Tuesday, Thursday or Friday morning the next week, who are versed or concerned in the herring fishery of North Britain.
An account of the fishery at Placentia in Newfoundland in the year 1718 being transmitted by Mr. John Linthorn, Fishing Admiral there, to His Majesty's Privy Council, and sent from the Council Office to this Board; the same was read.
A letter from Mr. Carkesse, Secry. to the Commissrs. of the Customs, dated the 27th, in answer to one writ him the 5th of Feb., 1718—19, in relation to certificates for vessels passing the Sound and to cocquets for woollen goods called Double Douzens, was read, together with the returns from several Custom House Officers on the same subject, inclosed in Mr. Carkesse's said letter; whereupon ordered that a letter be writ to Mr. Carkesse to propose that the said Officers agree upon some other mark than Douzens for double Douzens.
Their Lordships then proceeded in the consideration of the Laws of Pennsylvania passed there between the years 1712 and 1713, and upon reading the Act intituled An Act for reviving, explaining and continuing several Laws in this Act mentioned, the same was found to be expired.
An Order of Council of 15th inst. upon the petition of Mr. Gordon, Commissary to the Lord Bishop of London in Barbadoes, against the agents of that island, and a report of this Board on a petition of the said agents relating to an Ecclesiastical Court, referring to the first mentioned petition to the Lords of the Committee for hearing appeals, complaints, &c., from the plantations, and requiring copies of several papers, was read; and directions given for looking out and laying before the Board the several papers on that subject.
A letter from Earl Stanhope, dated yesterday, inclosing a copy of the city of Hamburgh's ratification of the renewed convention with them relating to the herring trade, with extracts of letters from Mr. Wich on that subject, dated the 22nd and 24th of March, 1719, N.S., was read, together with the said extracts, and their Lordps. agreed to take the same into further consideration, when they shall have spoke with Mr. Campbell of Glascow, &c. as desired.
The extract of a letter from Mr. D'Ayrol, one of His Majesty's Ministers at the Hague, dated there the 27—28th of March, 1718—19, about importing Spanish wool in English bottoms from Holland, being likewise inclosed in Earl Stanhope's forementioned letter for this Board's consideration, ordered that a copy of the said extract be sent to Mr. Carkesse, and that he be desired to move the Commissrs. of His Majesty's Customs that this Board may have their opinion thereupon.
A letter from Col. Philips, Governor of the province of Nova Scotia, dated this day, together with extracts of letters from Capt. Doucet, Lieut. Governor of Annapolis, and from Capt. Aldridge, all relating to the state of the said province, with regard to the Indians, the fishery, the boundaries and the incroachments of the French, were severally read, and directions were given for preparing the draft of a letter to Mr. Secry. Craggs to represent the new matter contained in the letter and extracts abovementioned, which has not been already represented.
A copy of the proceedings of the House of Commons of Ireland on the case of Dominic Langton in 1711 was communicated to the Board by Mr. Bladen, the said Langton being mentioned in the complaint of the agents of Barbados concerning an Ecclesiastical Court, attempted to be erected by Mr. Gordon, the Bishop of London's Commissary in that island.
The Earl of Orkney, Governor of Virginia, coming to the Board, he acquainted their Lordships that having formerly represented and submitted to the Board the differences which have happened between Col. Spotswood, Lieutenant Govr. of the said colony, and the Council there, he hoped their Lordps. would soon come to a determination thereupon, for that he thought His Majesty's service would require either the Lieut. Govr. or the Council to be removed. That Mr. Byrd, one of the said Council, who is now here, had made some new propositions for a reconciliation, which his Lordp. communicated to the Board, as also a letter from Col. Spotswood, and his narrative of the steps and proposals made during the Session of Assembly for accommodating their differences in April and May, 1718, with a copy of a paper delivered by Col. Harrison the 9th of May, 1718, all which their Lordps. resolved to take into consideration at the first opportunity.
A letter from Mr. Astell to the Secry., dated yesterday, together with one from himself and other traders to Norway in answer to the letter writ them the 13th of this month, relating to the trade from this kingdom to the King of Denmark's dominions, were read, and their Lordships agreed to take the same into further consideration the first opportunity.
A letter from Mr. Carkesse in answer to the letter writ him yesterday for the opinion of the Commissioners of His Majesty's Customs about importing Spanish wool into this kingdom during the present prohibition of trade with Spain, was read: whereupon ordered that the draught of a letter be prepared to Earl Stanhope to acquaint his Lordship with the said opinion of the Commissioners of the Customs.
Mr. West's report, relating to the re-enacting of Laws in Pennsylvania formerly repealed, and to the time when the 6th months are to commence wherein the Crown may repeal the Acts of that province, was read.
Mr. Campbell, Member of Parliament for Glascow, coming to the Board as desired, with Mr. Wightman and another gentleman concerned in the fish trade of North Britain, their Lordships had some discourse with them on the subject of the convention lately renewed by Mr. Wich with Hamburgh about the herring trade there; whereupon an extract of the protocol of the Senate of that city, dated the 8th of June. 1716, as likewise the extracts of Mr. Wich's letters of the 7th and 24th of this month, N.S., and other papers relating to the said convention and herring trade, were again read, and their Lordps. agreed to send Mr. Campbell copies of the said extracts of the protocol and letters abovementioned. And the said gentlemen were desired and promised to give the Board in writing what they have to offer thereupon, particularly as to the allowance proposed by Mr. Wich to be made to the wrackers and packers and to a supervisor.