Journals of the Board of Trade and Plantations, Volume 6, January 1729 - December 1734. Originally published by His Majesty's Stationery Office, London, 1928.
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Journal, April 1730
|Account of Petty Expenses, from Christmas, 1729, to Lady Day, 1730||245||3||10|
|The stationer's account for the same time||71||18||6|
|The postman's account for the same time||27||17||7|
|Account of wood, coals and candles||30||10||4|
Their Lordships, taking again into consideration the Order of the House of Lords for copies of papers relating to Naval Stores, and to the establishment of Governors and governments, mentioned in the Minutes of the 20th of the last month, gave some directions for preparing an answer thereto.
Mr. Hintz attending, and desiring their Lordships would please to give him a letter to Colonel Phillips, Governor of Nova Scotia, in order to his shewing all due encouragement to the Palatines, that shall go to settle there; ordered that a letter be prepared accordingly, and that a copy of the instructions to Colonel Phillips, upon this subject, be given to Mr. Hintz.
A letter from Mr. Burchet, dated the 3rd inst., desiring the usual heads of inquiry may be prepared for the commodore of the Newfoundland convoy this year, was read, and directions were given for preparing a draught thereof accordingly.
A letter from Captain Osburn, Governor of Newfoundland,
dated the 14th of October, 1729, was read, and the papers, therein
referred to, were laid before the Board, viz:—
Capt. Osburn's constitution of Justices.
Division of this Island into districts, and the names of the places where the magistrates reside.
A second letter from Capt. Osburn, dated the 6th of November,
1729, was read, and the papers, therein referred to, were laid
before the Board, viz:—
Captain Osburn's direction to the magistrates upon their memorial to collect of the planters' and others' fish, in order to build a prison.
Captain Osburn's instructions to Colonel Gledhill, Lieutenant Governor of Newfoundland.
Account of Ordnance and Stores at Fort Frederick in Placentia, the 9th of September, 1729.
Their Lordships then took into consideration the several papers from Sir Richard Everard and the Council of North Carolina, in answer to complaints against the Governor, and to grants of land, mentioned in the Minutes of the 16th of December, 1729, and gave directions that copies thereof should be made for Captain Burrington, the present Governor of that province, and that an article should be inserted in his instructions, directing him, upon his arrival there, to examine into the truth of the several facts, and lay an account before His Majesty and this Board.
Their Lordships taking into consideration an Order of the Committee of Council, dated the 18th of December, and mentioned in the Minutes of the same month, 1729, directing the Board to consider what is reasonable for each of the Leeward Islands to give as additional salary to their Governor, gave directions that several of the merchants and others concerned in the Leeward Islands should be acquainted with the Board's desire of speaking with them thereupon on Tuesday morning next.
A letter from the Duke of Newcastle, dated yesterday, was read, directing the Board to give notice to the merchants and others, who have any claims to be laid before the Commissaries of the kingdom, and of Spain, in consequence of the treaty of Seville, dated the 9th of November, 1729, that they do bring them together with the proper proofs and vouchers to this office, in order to their being transmitted to the said Commissaries, and likewise directing the Board to deliver to the said Commissaries a representation of all such impositions and hardships as have been put upon the trade of His Majesty's subjects, in any of the King of Spain's dominions, and also to inform them of the true extent and limits of His Majesty's possessions, bordering upon those of the King of Spain in America.
Whereupon ordered that the following advertisement be
inserted in the three next Gazettes, viz:—
Whitehall, April 9, 1730.
His Majesty having been pleased to appoint Benjamen Keene, Arthur Stert and John Goddard, Esquires, His Commissaries, to treat with those who are, or shall be named by His Catholic Majesty, concerning such matters as, by the treaty of Seville, are referred to the examination, discussion and decision of Commissaries, to be appointed for that purpose by His Majesty and by the King of Spain; notice is hereby given thereof, that the merchants and others, who have any claims to be laid before the said Commissaries, may forthwith bring them to the office of the Rt. Honble. the Lords Commissioners for Trade and Plantations, with the necessary proofs and vouchers to justify the same, that they may be delivered to the said Commissaries.
By Order of the Lordships,
The Lord Vere attending, as he had been desired, with Captain Osburn, the Board took again into consideration the letter from Lord Vere, and those from Captain Osburn, mentioned in the Minutes of the 8th inst.; and after some discourse with these gentlemen thereupon. Captain Osburn presented to the Board two letters, which he had received from some of the Justices of the Peace, whom he had appointed in Newfoundland, by virtue of His Majesty's commission, desiring his directions with respect to the execution of their office in some particulars; but some difficulties arising thereon, ordered that Mr. Fane be desired to attend the Board next Friday upon this subject. Their Lordships then desired Lord Vere and Captain Osburn would likewise attend at the same time.
A petition from Mr. Fabian, in behalf of his brother's children, relating to a plantation in Newfoundland belonging to them, but claimed by Captain Taverner, upon which there had been some proceedings before Lord Vere, was read, and the Board desiring some account of this matter from Lord Vere, his Lordship acquainted them that Captain Taverner had applied to him upon this subject, about two days before he left Newfoundland, but that, not having had time to make a full examination into the pretensions of each party, he had given directions that no rent should be paid, either to Mr. Fabian's children or to Captain Taverner, till the right to the same should be determined, which he intended fully to examine at his return.
Mr. Morice, Mr. Harris, Sir William Codrington, Mr. Yeamans, Mr. Gerrish, Mr. Douglas, Mr. Soulegre, Mr. Coleman and several other gentlemen attending, as they had been desired, the Board took again into consideration the Order of the Committee of Council, relating to an additional salary for the Lord Forbes, Governor of the Leeward Islands, mentioned in the Minutes of the 30th of December last; and Mr. Morice in behalf of the merchants informed the Board, that they have had several meetings, and were unanimous in opinion, that by reason of the present heavy taxes, the trade of the Leeward Islands could not bear any additional weight, and therefore hoped the salary given by the King to his Governor of those Islands, with the perquisites belonging to the government, would be thought sufficient.
Ordered that Mr. Stert and Mr. Goddard, two of the Commissaries appointed to go to Spain, as also Sir John Eyles, Sir William Chapman, Mr. Moriee and the King's Advocate, be desired to attend the Board on Thursday morning next, in order to settle in what manner such losses sustained by merchants and others, as are to be laid before the said Commissaries, shall be authenticated.
Ordered that Colonel Johnson do likewise attend the Board to-morrow morning, and that he do bring with him some account of the annual expenees of the government of South Carolina, as likewise of the annual revenue.
Colonel Hart attending, as he had been desired, their Lordships desired he would inform the Board at what rate the fees belonging to the Governor of the Leeward Islands might be computed, and he said, he believed they might now amount to about £200 sterling per annum.
The Earl of Westmorland then laid before the Board an address to His Majesty, from the President and Council of South Carolina, upon His Majesty's having purchased that province from the proprietors, and a letter, for inclosing the same to the Duke of Newcastle, to be presented to His Majesty, was agreed and signed.
Colonel Johnson, Governor of South Carolina, attending, as he had been desired, he was asked what he computed the annual charges of that province to amount to, and what their annual revenue; to which he said, that the annual charge commonly amounted to about twenty thousand pounds that country money per annum, and that they annually raised as much money, as they judged might defray the expences of the year.
Mr. Stert and Mr. Goddard, two of His Majesty's Commissaries appointed to adjust the claims of such persons as have sustained any losses by the Spaniards, attending, as they had been desired, with the King's Advocate, General Sir William Chapman, and Mr. Morice, their Lordships had some discourse with them, in relation to the proper form of attesting such vouchers, as should be brought to justify the aforementioned claims; and Mr. Advocate General acquainted the Board, that such attestations had frequently been made in the Court of Admiralty, and passed under their seal, that they had likewise been made before, and signed by a notary public; and Sir William Chapman informed the Board, that claims of a like nature had frequently been examined in the Lord Mayor's Court, and passed under the city seal. Mr. Advocate General then presented to the Board a copy of the form of an attestation used in the Court of Admiralty upon the like occasions; and the Board inquiring of him the fees demanded in that court for the same, he said, Mr. Brown, Registrar thereof, could give the Board the best account thereof. Whereupon ordered that he be desired to attend to-morrow morning.
Mr. Brown, Registrar of the Court of Admiralty, attending, as he had been directed, the Board desired he would give them an account of the fees demanded there for such instruments as pass under their seal; and he said that the customary fees were as follows, viz:—
The Lord Vere, Captain Osburn and Mr. Fane attending, as they had been desired, his Lordship presented to the Board some queries in relation to the powers of the justices of the peace at Newfoundland, which being read, the Board, after some discourse thereon, gave directions for sending copies of the said queries to Mr. Attorney General and to Mr. Fane, and that they be desired to give their answers thereto on Friday morning next, at which time Lord Vere and Captain Osburn were desired to attend again.
A letter from the Duke of Newcastle, dated the 20th inst., inclosing a memorial from the Venetian Resident, in relation to an English ship taken by the Spaniards, was read, and their Lordships resolved to consider further thereof, when an account of the said losses should be laid before the Board.
A letter from Mr. Brown, Registrar of the Court of Admiralty, with a list of the fees taken in that Court for such instruments as pass under the seal, was read, and their Lordships, taking the same into consideration, as likewise the letter from the Duke of Newcastle, relating to the proofs to be made by the merchants of their losses sustained by the Spaniards, read the 9th inst., gave directions for acquainting Sir John Eyles, Sir William Chapman and Mr. Morice with the Board's desire of speaking with them thereupon on Thursday morning next.
An Order of the Committee of Council referring to the Board the petition of Jonathan Belcher and Jeremiah Dummer, Esqrs., agents for the Colony of Connecticut, in relation to an Act passed there for the settlement of intestates' estates, which was declared null and void by His Majesty, etc., was read, and their Lordships, taking the same into consideration, gave directions that a letter should be wrote to Mr. Attorney and Mr. Solicitor General, for their opinion in point of law, whether the colony of Connecticut have by their charter any power of making laws which affect property? or whether that power is not confined to the making of bye-laws only? and if they have not that power, whether they have not forfeited their charter by passing any act to affect private property?
A memorial from Mr. Thomas Lowndes, Provost Marshall of South Carolina, desiring the repeal of an Act, passed in that province in 1726–7, entituled, An Act for the better settling of the Courts of Justice. was read, and their Lordships resolved to take that Act into consideration to-morrow morning.
A letter from Colonel Montgomerie, dated the 20th of October, 1729, signifying his having received the Board's letter of the 28th of May last, and promising to hold Courts of Chancery when necessary, was read.
A letter from Colonel Montgomerie, dated the 2nd of August,
1729, was read, and the paper, therein referred to, laid before the
A list of trading vessels entered inwards and cleared outwards, from the 25th of December, 1728, to the 25th of March, 1729.
An account received from Mr. Oxenford, Deputy Inspector of the Customs, of the quantity of sugar imported into England from the Leeward Islands for seven years, from Christmas, 1721, to Christmas, 1728, distinguishing each year and each Island, was read.
Mr. Stert and Mr. Goddard attending, with Sir John Eyles, Mr. Rigby and Mr. Morice, their Lordships shewed them the letter from Mr. Brown, read the 21st inst., with an account of the fees payable in the Admiralty Court for such exemplifications as pass under the seal there, and Mr. Morice communicated to the Board the copy of a letter from himself to the Town Clerk, desiring an account of the charges of putting the seal of the City of London to any writing, in order to its being an authentic testimony, with the Town Clerk's answer thereto, which were read; and their Lordships, taking the same into consideration, acquainted these gentlemen, that the Board would be ready every Tuesday and Friday to receive such claims as the merchants might have to make for losses sustained by them from the Spaniards, authenticated in what manner they should think convenient, in order to transmit copies thereof, under the seal of this office, to the Commissaries at the court of Madrid.
Mr. Lowndes attending, as he had been desired, their Lordships took into consideration and read an Act, passed in South Carolina in 1726, mentioned in the Minutes of the 22nd inst., entituled, An Act for the better settling of the Courts of Justice, as likewise Mr. Fane's report thereon. And their Lordships, after Mr. Lowndes had stated to them the difficulty, which he apprended there was in putting the said Act in execution, by reason of the Provost Marshal's being obliged to serve all writs personally, agreed to consult Colonel Johnson upon this subject.
The draught of a letter (fn. 1) to Colonel Montgomerie, Governor of New Jersey and New York, directed yesterday to be prepared, was agreed and ordered to be transcribed, as also
A letter from Mr. Burchet, dated the 24th inst., desiring dispatch to be made with the heads of inquiry for the Captains, of the ships designed for Newfoundland, was read; and the heads of inquiry for Captain Waterhouse, appointed for the protection of the fishery at Canso, being laid before the Board, and agreed to; their Lordships ordered that they should be inclosed to Mr. Burchet and that he should be acquainted that Capt. Osburn, having last year had a commission to become Governor of Newfoundland, and the usual heads of inquiry having been turned into instructions to the Lord Vere Beauclerk, the Board did not think it necessary to add anything thereto this year, the same gentlemen going to Newfoundland again.
Mr. Crosse attending, presented to the Board reports of the losses sustained by his brother Mr. Crosse, the English consul at the Canaries, on occasion of the late rupture with Spain, amounting to 92, 804 pss. of 8s. 8d., dated at Teneriffe, the 30th of June, 1728, and the same being read, Mr. Crosse acquainted the Board that the proofs of his brother's said losses had been transmitted to Madrid.
Mr. Paice attending, presented to the Board a letter from Mr. Burridge, dated at Lyme, the 18th inst., acquainting the Board with his losses occasioned by the said rupture, as also that his said proofs were left with Mr. Parker, consul at Corunna, which was read.
Their Lordships then acquainted Mr. Crosse and Mr. Parker that they would give copies of the abovementioned papers to the Commissaries appointed to go to Madrid upon this occasion, and that they might give directions to their agents at Madrid and Corunna, to lay their aforementioned proofs before the said Commissaries.
Mr. Paiee then presented to the Board a translation of the King of Spain's letter, signed by the Marquis of Castellar, to the intendants of the provinces of Spain, and the Isles of the Canaries and Mallorea, dated the 16th of August, 1721, directing a restitution of what had been taken from the English, and the same was read.
Col. Johnson, Governor of South Carolina, attending, their Lordships had some discourse with him, in relation to the manner of granting of land in the province, and their Lordships agreed to consider further thereof on Thursday morning next.
A memorial from Mr. Winthrop, was read, in behalf of himself and many of the principal inhabitants of Connecticut, and in answer to the petition from Mr. Belcher and Mr. Dummer, agents to the said Colony, and referred to the Board by an order of the Committee, read the 21st inst., and their Lordships resolved to consider further thereof, when Mr. Attorney and Solicitor General shall have made their report, in answer to the letter wrote to them that day upon the same subject.
Their Lordships taking into consideration the state of His Majesty's title to Santa Lucia, prepared in consequence of their representation to His Majesty of the 25th of the last month, ordered the same to be transcribed, and resolved to consider the titles to His Majesty's other islands of St. Vincent's, Dominica and Santa Cruz at another opportunity.
The Board, taking again into consideration the Order of the Lords of the Committee of Council, referring two petitions, one from Tiverton, the other from Exeter, complaining of the decay of their trade in the woollen manufactures by the running of wool from Ireland to France, read the 14th of December last, gave directions for writing to the Mayors of Tiverton and Exeter for their opinion as to what may be done for preventing this practice for the future.
An anonimous letter, dated yesterday, and signed B.E., relating to the sending Irish yarn to France, was read, and directions were given for sending a copy thereof to Mr. Carkesse, to be laid before the Commissioners of the Customs.
A letter from the Duke of Newcastle, inclosing the copy of a letter from Mr. Porter, Judge of the Admiralty at North Carolina, giving an account of the unwarrantable proceedings of Sir Richard Everard, late Governor of that province, in the granting of lands there, was read, and their Lordships agreed to insert an article in the instructions preparing for Capt. Burrington, the present Governor, in relation thereto, as also to the disputes between him and the Council, referred to the Board by the Duke of Newcastle's letter, read . . . . . . . . . ., and ordered that an answer be prepared to the Duke of Newcastle's said letters, to acquaint him with these resolutions of the Board.
An Order in Council of the 20th inst., directing this Board to prepare draughts of instructions to all the Governors of his Majesty's plantations, upon a memorial of the Lords of the Admiralty, setting forth their having received complaints from the officers of the Vice Admiralty Courts in the plantations of their being interrupted in the execution of their employments by the provincial judges, was read, and the draught of a report thereupon was ordered, to be prepared.
Ordered that a copy of Mr. Winthrop's memorial, read the 28th inst., be sent to Mr. Attorney and Solicitor General for them to consider before they make their report upon the queries sent to them the 21st inst., in relation to the Connecticut charter.
Colonel Johnson attending, as he had been desired, presented to the Board an explanation of his proposal for better improving and settling the province of South Carolina, mentioned in the Minutes of the 13th of March last, which was read, and their Lordships resolved to consider further thereof to-morrow morning.