Journal, September 1726: Journal Book C.C

Pages 288-291

Journals of the Board of Trade and Plantations: Volume 5, January 1723 - December 1728. Originally published by His Majesty's Stationery Office, London, 1928.

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Journal, September 1726

September 7. Present:—Mr. Bladen, Mr. Plummer.

New York.

Act sent to Mr. Fane.

Ordered that the Act, passed at New York in June, 1726, entituled, An Act to impower and enable Walter Dungan, surviving kinsman of Thomas late earl of Lymerick, and two trustees with him therein nominated, to sell some part of his estate for the payment of his debts, and discharging some incumbrances, wherewith the same estate now stands charged, be sent to Mr. Fane, for his opinion thereupon in point of law, as also


Acts sent to Mr. Fane.

Two Acts, passed at Antego in March, 1725–6, entituled, An Act to enable William Gregson of the City of London, Gentleman, to sell and dispose of a certain plantation in the said island, formerly belonging to Roger Williams, and

An Act to supply the defects of certain conveyances made of certain lands and negroes in Antego belonging to Baptist Looby, Esquire.

The five following copies of Orders in Council were severally read, viz:

Plantations General.

Order in Council Lord Bishop of London's Jurisdiction.

Copy of an Order in Council of the 9th of August, 1726, approving the draught of a commission for explaining and ascertaining the Bishop of London's jurisdiction in His Majesty's Plantations.


Order in Council concerning Acts about the revenue and laws.

Copy of an Order in Council of the 9th of August, 1726, [Journal D.D. fo. 126], approving the report of the Lords of the Committee stating the differences between the Act, passed in Jamaica in 1725–6, for granting a revenue to His Majesty and perpetuating the laws there, and the draught of a Revenue Bill sent to Jamaica to be passed in that island, and proposing the repeal of the said Act, and a letter to the Duke of Portland under His Majesty's Sign Manual, directing his Grace to pursue the orders signified to him on the 7th of July last, transmitting the draught of a Revenue Bill, by recommending the same to the Council and Assembly.

Copy of an Order in Council of the 9th of August repealing an Act, passed in Jamaica, for granting a revenue to His Majesty, his heirs and successors, for the support of the Government of this island, and for reviving and perpetuating the Acts and Laws thereof as they have been introduced and used.


Order in Council.

Copy of an Order in Council of the 9th of August last, approving a representation of this Board proposing Colonel Carey Broadbelt to be of the Council of Nevis, in the room of Mr. Richard Abbot, deceased.


Order in Council, new councillors.

Copy of an Order in Council of the 9th August last, approving a representation of this Board proposing John Daily and John White, Esquires, to be of the Council of Montserrat, in the room of John Cockran and William Irish, Esquires, deceased.


Colonel Spotswood's petition about his lands.

Colonel Spotswood and the agent summoned.

Their Lordships then took again into consideration the reference upon Colonel Spotswood's petition, mentioned in the Minutes of the 30th of the last month, in relation to some grants of land he has in Virginia, whereupon their Lordships were pleased to order that Colonel Spotswood and Mr. Leheup, agent for Virginia, should be acquainted that the Board desire to speak with them on Wednesday next, at 11 o'clock in the morning.

September 8. Present:—Mr. Bladen, Mr. Plummer.


Letter from Mr. Leheup with an extract about Colonel Spotswood's grants.

A letter from Mr. Leheup, agent for Virginia, inclosing the extract of one from Mr. Grimes, the Receiver General there, in relation to Colonel Spotswood's grants of land, was read, and

Colonel Spotswood's petition on that subject.

Their Lordships then taking again into consideration Colonel Spotswood's petition upon this subject, (mentioned in yesterday's Minutes), agreed that the following queries should be sent to him and to Mr. Leheup, for their particular answers, viz:
Queries thereupon.
What number of acres Colonel Spotswood possesses ?
By virtue of what grants he holds them ?
When those grants bore date ?
Whether all the regular and accustomed steps were pursued in the obtaining and making out those grants ?
What are the usual rights requisite to be produced upon the making of grants ?
When are these rights payable ?


Representation for confirming an Act about Andrew Murray, Esquire.

A representation, ordered to be prepared the 11th of the last month, for confirming an Act, passed at Antego in March, 1724–5, for selling of certain lands lately belonging to Andrew Murray, late of this island, Esquire, deceased, was agreed and signed.


East India.

Decrease in exports of woollen manufactures, draught of representation.

Their Lordships taking again into consideration the Order in Council, dated the 19th of February last, mentioned in the Minutes of the 26th of April, referring back the Board's representation of the 1st of July, 1725, upon the state of the East India trade, as also a letter from Mr. Woolley, Secretary to the East India Company, giving some reasons for the decrease of the exportations of woollen manufactures by the said Company, (mentioned in the Minutes of the 7th June last), gave some directions for preparing the draught of a representation thereupon.


Mr. Fane's report.

Reservation of trees to the Crown.

A copy ordered for Mr. Armstrong and Lieut. Governor Wentworth.

New Hampshire.

Mr. Fane's report upon that part of the charter of the Massachusets Bay, which reserves to the Crown trees of a certain dimension, compared with the Act of Parliament passed in the eighth year of His Majesty's Reign, 12th Chapter, 1st Section, for giving further encouragement to the importation of naval stores, etc., was read; and their Lordships gave directions for sending a copy thereof to Mr. Armstrong, Deputy Surveyor of the Woods in the Massachusets Bay, and to Mr. Wentworth, Lieut. Governor of New Hampshire, for their information.

September 14. Present:—Mr. Docminique, Mr. Bladen, Mr. Plummer.


Letter from Colonel Spotswood upon queries about his lands.

A letter from Colonel Spotswood, late Lieut. Governor of Virginia, in answer to one writ him the 8th inst. with some queries for his answer thereto, was read, as also

Letter from Mr. Leheup on the same subject.

A letter from Mr. Leheup, agent for Virginia, inclosing his answer to the said queries.

Colonel Spotswood and agents attending.

Colonel Spotswood to answer the queries.

And Colonel Spotswood attending, as he had been desired, with Mr. Clayton, Attorney General of Virginia, and Mr. Carey, as also Mr. Leheup, their Lordships told Colonel Spotswood, that as his aforesaid letter was not an answer to the queries sent him, they could not enter into the consideration of his petition, mentioned in the Minutes of the 30th of August last, till he had given his answer accordingly, which he promised to do as soon as possible.

Letter from Major Drysdale.

A letter from Major Drysdale, Lieut. Governor of Virginia, dated the 29th June, 1726, was read, and the papers, therein referred to, were laid before the Board, viz:
Papers therein referred to.
List of persons fit to supply vacancies in the Council of Virginia.
The present state of Virginia.
Account of ordnance and other stores of war.
Six naval officers' lists of imports and exports at the several ports of Virginia.
Account of all the negroes imported into Virginia, from Africa, for one year ending the 24th June, 1726.

Another letter from him.

Another letter from Major Drysdale, dated the 10th of July, was read, and the papers, therein referred to, were laid before the Board, viz:
Papers therein referred to.
Minutes of Council, from the 10th June, 1725, to the 25th June, 1726.
Minutes of Council in Assembly, from the 12th May, 1726, to the 7th June following.
Minutes of Assembly, from the 12th May, 1726, to the 7th June following.
Account of His Majesty's revenue of Quit Rents, and of the 2s. per hogshead on tobacco in Virginia in 1726.
Account of births and burials, from the 15th April, 1725, to the 15th April, 1726.
Copy of the Governor's speech, the addresses of the Council and burgesses thereon, the Assembly's address to the king, and also their representation in 1726.
Proclamations in 1725.
Thirteen public Acts and a private one passed in 1726.

Public Acts sent to Mr. Fane.

Whereupon ordered that the said public Acts be sent to Mr. Fane, for his opinion thereupon in point of law.

Letter from President Carter.

A letter from Mr. Carter, Commander in Chief of Virginia, dated the 25th of July last, signifying the death of Major Drysdale, the late Lieut. Governor, was read, and the draught of an answer was made thereto.


Letter to the Treasury about the King's share of a forfeiture.

Their Lordships, taking again into consideration Captain Phenney's letter of the 26th of January, 1725–6, mentioned in the Minutes of the 21st of June, 1726, agreed and signed a letter to the Lords of the Treasury, desiring their Lordships will intercede with His Majesty, that the bill for £183 17s. 4d. sent from the Bahamas to Mr. Mulcaster, payable to their Lordships, it being His Majesty's share of a forfeiture there, might be remitted and applied to pay part of their public debts.

Leeward Islands.

Mr. Smith against an Act of St. Christophers.

Mr. Smith, Secretary to the Leeward Islands, attending, desired their Lordships would please to take into their consideration and make their report upon the Act, passed at St. Christophers in April, 1724, for the establishing a Court of King's Bench and Common Pleas and for the better advancement of justice in the Island of St. Christophers, and for settling certain fees and repealing a former Act of the said island, intituled, An Act for establishing of courts and settling due methods for the administration of justice; their Lordships, after some discourse with Mr. Smith thereupon, resolved to consider the same the first opportunity.

New England.

Plantations General.

Copy of Mr. Armstrong's letter about the woods.

Letter to Mr. Attorney and Solicitor General thereupon.

Ordered that the copy of a letter to Mr. Burniston, Surveyor General of the Woods in America, from Mr. Armstrong, his deputy, dated at Boston the 10th March, 1725, mentioned in the Minutes of the 21st June last, be sent to Mr. Attorney and Solicitor General, for their opinion upon some queries, therein stated, in relation to the woods.