Journal, February 1718: Journal Book T

Journal, February 1718

February 3. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Pulteney, Mr. Bladen.

Jamaica.

Representation.

de Guardia and Diharce.

Spanish belandra.

The draught of a representation upon the petition of Don Bernardo de Guardia and Mr. Diharce, relating to a Spanish belandra seized and condemned at Jamaica, as mentioned in the minutes of the 15th of last month, was agreed and ordered to be transcribed.

Trade.

Letter from Consul Pouldon.

Canaries.

Representation.

A letter from Mr. Pouldon, Consul at the Canaries [fo. 92], dated the 18th November, 1715, together with a representation relating to the present state of the trade of those islands; were read.

Representation.

Monteleone's memorial.

Canary Islands.

Letter to Mr. Secretary Addison.

A representation upon the memorial of the Marquis de Monteleone, Ambassador from Spain, relating to the trade between the Canary Islands and His Majesty's dominions, mentioned in the minutes of the 10th of last month, was signed, together with a letter inclosing the same to Mr. Secretary Addison.

Virginia.

Representation.

Acts.

A representation agreed at the last meeting, upon two Acts [fo. 78–95, 121] passed in Virginia in 1663, relating to Quakers and to Foreign Debts, was signed.

Plantations General.

Order of Council.

Commissions.

Trying pirates.

Representation.

An Order of Council [fo. 100], of the 30th of last month, upon a representation of the 18th September, relating to commissions for trying pirates in His Majesty's plantations, requiring this Board forthwith to present to the Lords of the Council the names of persons proper for executing the said commissions, and of the plantations which may fitly be comprehended within each commission, was read; whereupon directions were given for preparing the draught of a representation in answer to the said Order.

Trade.

with Venice; Papers.

Ordered that the several papers in this Office, relating to the trade and commerce between this kingdom and Venice [fo. 109], be looked out, to be laid before the Board.

New Jersey.

Letter to Brigadier Hunter.

A letter to Brigadier Hunter, Governor of New Jersey and New York, was signed.

February 5. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.

Virginia.

Order of Council.

Byrd's petition.

Courts of Oyer, etc.

Representation.

An Order of Council, of the 2nd inst., upon the petition of William Byrd, Esqr. [fo. 54, 133] relating to the appointing of judges in the Courts of Oyer and Terminer for Criminal Causes in His Majesty's Colony of Virginia, was read; and directions given for preparing the draught of a representation thereupon.

Jamaica.

Letter to Mr. Secretary Addison.

de Guardia's petition.

A letter to Mr. Secretary Addison, agreed at the last meeting, upon the petition of Don Bernardo de Guardia [fo. 272] and Mr. Diharce, relating to a Spanish belandra taken and condemned at Jamaica, was signed.

February 6. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Pulteney, Mr. Bladen.

Jamaica.

Order of Council.

Representation.

Instructions.

Sir N. Lawes;

Additional instructions to Governors.

Alterations.

Upon further consideration of the Order of Council, of December, 18th, mentioned in the minutes of the 31st of last month, on the representation of this Board, dated the 11th of October, 1717, relating to the draughts of instructions for Sir Nicholas Lawes, for the Government of Jamaica; directions were given for preparing draughts of additional instructions to His Majesty's several Governors in America, for making their former instructions conformable to the alterations made in those for Jamaica.

Alterations.

Plantations General.

Representation.

Commissions.

Trying pirates.

The draught of a representation upon the Order of Council, of the 30th of last month, mentioned in the minutes of the 3rd instant, relating to the names of Commissioners [fo. 98, 104] for trying pirates in America, and the plantations fit to be comprehended in each commission, was agreed, and ordered to be transcribed.

February 7. Present:—Earl of Holdernesse, Sir Charles Cooke, Mr. Docminique, Mr. Pelham, Mr. Pulteney, Mr. Bladen.

Miscellanies.

Earl of Holdernesse.

A new Commission from His Majesty, under the Great Seal, bearing date the 31st of last month, was opened and read; whereby, besides the Great Officers of State, as in the last Commission, the Right Honble. the Earl of Holdernesse, John Chetwynd, Esqr., Sir Charles Cooke, Kt., Paul Docminique, John Molesworth, Thomas Pelham, Daniel Pulteney and Martin Bladen, Esqrs. are appointed Commissioners for promoting the trade of this kingdom, and for inspecting and improving His Majesty's plantations in America, and elsewhere.

St. Christophers.

Letter from General Hamilton.

Affidavits.

Clement Crooke, Chief Justice.

A letter from General Hamilton, Govr. of the Leeward Islands, dated at Nevis the 7th of October, 1717, was read, and the nine affidavits therein referred to, concerning the behaviour of Clement Crooke, Esqr. late Chief Justice of St. Christophers, were laid before the Board; whereupon their Lordships agreed to take the said affidavits into consideration when any complaints shall be made here, relating to the said Mr. Crooke.

New England.

Dummer's petition.

Sturgeon-patent.

A memorial and petition from Mr. Dummer, Agent for the Province of the Massachusets Bay, praying to be heard, before their Lordships make their report on the petitions for a patent to catch and cure sturgeon in North America, was read.

Coram.

Settlement.

Letter to Solicitor General.

Mr. Coram [fo. 67, 124] attending, and desiring that Mr. SolicitorGeneral may be pressed to hasten his report relating to the lands between Nova Scotia and New England, where several disbanded officers and soldiers and French Protestant refugees propose to make a settlement; directions were given to the Secretary for writing to Mr. Solicitor accordingly.

Settlement.

Letter to Solicitor General.

Trade.

Sir Justus Beck and others.

Order of Council.

Petition.

Charter.

Insurance of ships.

Sir Justus Beck and several other gentlemen attending, they presented to the Board an Order of Council [fo. 106], dated the 2nd instant, upon the petition of themselves and divers other merchants, praying to be incorporated for the insurance of ships; which Order and petition were read, and their Lordships resolved to take the same into further consideration at another opportunity.

February 10. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Molesworth, Mr.Pelham, Mr. Pulteney, Mr. Bladen.

Trade.

Godolphin's memorial.

British-built ships Bill.

Observations.

Commissioners of Customs; Queries.

Letter to Mr. Godolphin.

Their Lordships taking again into consideration Mr. Godolphin's memorial [fo. 94, 136], inclosed in Mr. Lowndes's letter, which was read the 29th of last month, relating to a Bill for preserving the right of British-built ships; the draught of the said bill (Trade, Bundle M. No. 179) as likewise the observations of the Commissioners of the Customs thereupon; and the clauses of several Acts of Parliament, were read; and their Lordships agreed upon several queries on the subject of the said Bill, which the Secretary was directed to send to Mr. Godolphin, for his answer.

Plantations General.

Beresford's memorial.

French settlement.

Letter to Mr. Keith.

Upon further consideration of the memorial from Mr. Beresford [fo. 31, 433], mentioned in the minutes of the 12th December last, relating to the progress the French have made towards a communication between St. Lawrence or Canada River, and their new settlement of Louisiana, and down the River Mississippi; ordered that a copy of the said memorial be sent to Mr. Keith, Deputy-Governor of Pennsylvania, for his opinion what may be proper to be done for preventing the inconveniences mentioned in the said memorial.

New England.

Letter to Mr. Dummer.

Sturgeon-fishery.

Ordered that the Secretary acquaint Mr. Dummer, that the Board desire to have, as soon as may be, in writing, what he has to offer concerning the sturgeon-fishery in North America, as mentioned in his memorial, read at the last meeting.

Plantations General.

Representation.

Commissioners.

Trying pirates.

The draught of a representation, with the names of Commissioners [fo. 100, 111] for Trying Pirates in America, as agreed the 6th instant, was signed.

Jamaica.

Letter from Sir N. Lawes.

A letter from Sir Nicholas Lawes, appointed Governor of Jamaica, dated the 7th instant, was read.

February 11. Present:—Earl of Holdernesse, Mr. Chetwynd, Sir Charles Cooke, Mr. Molesworth, Mr. Pelham, Mr. Pulteney.

New Jersey.

New York.

Letter from Mr. Philips.

Complaints aganist Governor.

Talbot and Wilcocks.

A letter from Mr. Philips [fo. 5, 107, 114], Agent for New York, relating to complaints against Brigadier Hunter, Governor of the Provinces of New Jersey and New York, and inclosing copies of letters from Mr. Talbot and Mr. Wilcocks, about the designs of the Brigadier's accusers, was read, together with the said copies.

Naturalization act.

Attorney General's report.

Champante's memorial.

Representation.

Their Lordships took again into consideration the Act passed at New York in July, 1715, for a general naturalization, and the said Act was read, together with Mr. Attorney General's report thereupon, mentioned in the minutes of the 27th of last month, as likewise a memorial from Mr. Champante, upon the same subject, mentioned in the minutes of the 1st December, 1715; whereupon directions were given for preparing the draught of a representation to His Majesty, relating to the said Act.

Trade.

Order of Council.

Merchants petition.

aganist charter insuring ships, etc.

Sir Justus Beck and others summoned.

An Order of Council [fo. 102, 110], of the 2nd instant referring to this Board, and to Mr. Attorney and Mr. Solicitor General, the petition of several merchants and traders of London, praying to be heard against the passing a charter for incorporating a number of persons for insuring ships and merchandize at sea, was read, together with a copy of the said petition; whereupon ordered that the Secretary write to Sir Justus Beck, to acquaint him, that the Board desire to speak with him on Friday morning next, and any other gentlemen, he shall think fitting, who have signed the petition for such a charter, as mentioned in the minutes of the 7th instant.

February 12. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Molesworth, Mr. Pelham, Mr. Pulteney, Mr. Bladen.

New York.

Letters from Brigadier Hunter.

Their Lordships taking again into consideration the letters from Brigadier Hunter [fo. 125], Governor of New York, which have not been answered, the letters from him to the Secretary, of the 22nd November, and 3rd of December, 1717, mentioned in the minutes of the 27th of last month, were read; whereupon some further directions were given for preparing a letter to Brigadier Hunter.

Letter to Brigadier Hunter.

Act.

Attorney General.

Ordered that the copy of an Act passed at New York in 1710, entituled, an Act for the better settlement and assuring of lands in this Colony, be sent to Mr. Attorney General, for his opinion thereupon in point of law.

Mulford's memorial.

Whale-fishery.

A memorial from Mr. Mulford [fo. 173], relating to the whalefishery at New York, was read, as likewise.

Letter from Mr. Philips.

Complaints against Governor.

A letter from Mr. Philips [fo. 105, 109, 114], Agent for the Province of New York, dated yesterday, relating to some complaints against Brigadier Hunter, Governor of the said Province, and of New Jersey, was read, and the papers therein referred to, were laid before the Board, vizt.:—
Papers.
Affidavit of John Drummy, relating to some letters writ by Mr. Cox and others, against Brigadier Hunter.
Address from the Genl. Assembly of New York, to Brigadier Hunter, relating to Mr. Mulford's and others' complaints against him.
Printed copy of an Address from the Grand-Jury of New York to His Majesty in June, 1717.

Attorney General.

Whereupon ordered that an extract of Mr. Philips's said letter, with copies of the affidavit of John Drummy, and of the two letters writ by Daniel Cox and Henry Joyce, be sent to Mr. Attorney General, and that he be acquainted with the Board's desire to confer with him thereupon.

Letter to Mr. Secretary Addison.

Papers.

Ordered likewise that the draught of a letter be prepared, for transmitting to Mr. Secretary Addison a copy of Mr. Philips's said letter, and of the affidavit, and other papers abovementioned, as also of the Address from the Assembly of New York, relating to the complaints of Mr. Mulford and others, against Brigadier Hunter, for Mr. Secretary's information.

February 13. Present:—Earl of Holdernesse, Mr. Chetwynd, Sir Charles Cooke, Mr. Molesworth, Mr. Pelham, Mr. Pulteney, Mr. Bladen.

New York.

Letter to Mr. Secretary Addison.

Papers.

Complaints against Governor.

The draught of a letter, ordered at the last meeting to be prepared, for transmitting to Mr. Secretary Addison, the copy of a letter from Mr. Philips [fo. 107, 114], Agent for New York, and other papers relating to the complaints of Mr. Mulford and others, against Brigadier Hunter, Governor of the said Province, and of New Jersey, as also relating to some attempts against him, was agreed and signed.

Trade.

Treaty of commerce.

Venice.

Their Lordships took into consideration the project of a Treaty of Commerce [fo. 98, 142] between Great Britain and Venice, transmitted by the Board of Trade, the 19th of December, 1712, to the Earl of Dartmouth, then Secretary of State, which project was read; and their Lordships resolved to proceed in the further consideration thereof, and the other papers on that subject on Tuesday morning next.

Plantations General.

Trade.

Letter to Commissioners of Navy.

Prœmiums.

Naval stores.

Ordered that a letter be writ to the Commissioners of the Navy, to desire this Board may have, as soon as conveniently may be, an account of the præmiums paid for naval stores [fo. 94, 112, 113] imported from America, for five years ending at Christmas last; as also an account what quantities of pitch and tar imported from America, have been bought for the use of His Majesty, for the same time, with the prices paid for the said commodities respectively.

February 17. Present:—Earl of Holdernesse, Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Molesworth, Mr. Pelham, Mr. Pulteney, Mr. Bladen.

Trade.

Sir John Williams and others.

Insurance of ships, etc.

Sir John Williams, Mr. London, Mr. Bradley, and other gentlemen who petition to be incorporated [fo. 106, 115] for the insurance of ships,&;c., attending, their Lordships had some discourse with them on the subject of the said petition; whereupon they were desired to bring in writing, as soon as conveniently they could, a scheme of what they propose, with their reasons to support it, and to instance such inconveniencies as they judge, the merchants in general lie under, for want of such an incorporation.

Sir James Bateman, Sir Gilbert Heathcote, and others, against the charter, summoned.

Ordered that Sir James Bateman and Sir Gilbert Heathcote be acquainted that the Board desire to speak with them, and any other gentlemen they shall think fit, who are concerned in the petition against the forementioned incorporation for insuring ships,&;c., on Wednesday morning next.

Jamaica.

Plantations General.

Order of Council.

Mr. Attorney and Mr. Solicitor-General's answers to queries.

Proclamation—pirates.

An Order of Council of the 9th instant, upon a letter from this Board, of the 18th November last, and Mr. Attorney and SolicitorGeneral's answers to several queries relating to the late proclamation for suppressing of pirates [fo. 104, 114], was read; whereupon their Lordships agreed to speak with Mr. Attorney General on that subject.

Trade.

Ireland.

Griffith's memorial.

Wool to France.

Returned.

Mr. Griffith attending, presented to the Board a memorial relating to the exportation of wool [fo. 70, 141] from Ireland to France, and other illegal trade, which was read; and their Lordships desiring an explanation of some parts of the said memorial, it was returned to Mr. Griffith, who promised to bring another, which should be more particular.

Trade.

Plantations General.

Letter from Mr. Carkesse.

Prœmiums.

Pitch and tar; Circular letters to Governors, frauds.

A letter from Mr. Carkesse, of the 15th instant, with abstracts of several papers, which have been under the consideration of the Commissioners of the Customs [fo. 110, 113] relating to frauds in procuring præmiums on importation of pitch and tar from America, were read; whereupon directions were given for preparing circular letters to the several Governors of His Majesty's plantations on the Continent of America, to use their endeavours for preventing such frauds.

Antigua.

Act.

White servants.

Ordered that the Act passed in the island of Antigua, the 5th of November, 1716, entituled, an Act for encouraging the importation of white servants to this Island, be sent to Mr. Attorney-General, for his opinion thereupon.

February 18. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Molesworth, Mr. Pulteney.

Trade.

Treaty of commerce.

Venice.

Their lordships made a further progress in considering the project of a treaty of commerce with Venice, mentioned in the minutes of the 13th instant, and other papers on the same subject, and resolved to proceed further thereupon at the first opportunity.

Plantations General.

Trade.

Letter from Commissioners of navy.

Præmimus.

Naval stores.

Prices.

Letter to said Commissioners, like account annually.

A letter from the Commissioners of the Navy, dated yesterday, with an account of the præmiums paid on importation of naval stores [fo. 112, 139] from America, and of such of the said stores as have been bought for the use of His Majesty's Navy for five years ending at Christmas last, and the prices thereof, were read; whereupon ordered that the Secretary return them the thanks of this Board for the said account, and desire the like account for the future annually.

Attorney General.

Instructions.

Governors, Pirates; not sufficient.

Commissions under the Great Seal.

Mr. Attorney-General coming to the Board, their Lordships had some discourse with him on several subjects, and particularly relating to the instructions directed by the Order of Council, read at the last meeting, to be prepared for His Majesty's Governors in America, concerning pirates; [fo. 111, 120] whereupon Mr. Attorney declared his opinion, that an instruction would not be sufficient to authorize any Governor in the plantations to pardon piracies, and any murders committed in the acts of piracy, but that it would be necessary commissions should pass the Great Seal of this kingdom for that purpose.

New York.

New Jersey.

Attorney General, Papers.

Complaints against Brigadier Hunter.

Mr. Attorney General, at the same time, returned the letter writ him by the Secretary the 13th instant [fo. 109], and the copies of several papers relating to some complaints and practices against Brigadier Hunter, Governor of New York and New Jersey; whereupon Mr. Attorney said, that there being no proofs of the facts therein set forth, he could not advise any proceedings in relation to those matters.

February 19. Present:—Earl of Holdernesse, Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Molesworth, Mr. Pelham Mr. Pulteney, Mr. Bladen.

Trade.

Sir Gilbert Heathcote and others.

Against the charter for insuring ships.

Sir Gilbert, objections.

Mr. Townshend and others against insuring ships, etc.

Sir Gilbert Heathcote [fo. 110, 132], Mr. Heysham, Mr. Humphry Morice, Mr. Townshend, Mr. Milner, Mr. Richard Harris, Mr. Jackson, and other gentlemen attending, as desired, in relation to their petition against any charter of incorporation for insuring of ships and goods at sea; they were asked what they had to offer against such a charter; whereupon Sir Gilbert Heathcote said, some of the objections were contained in their said petition, besides which they thought, if once such a corporation, or company were erected, they would undoubtedly at first lessen the rates now paid for insurance to particular persons, and of consequence, all private insurers must leave off the business; that then every person who had occasion to insure, would be at the mercy of a company, who, after their rivals were overcome, would raise the rates of insurances, so as to have an over-balance for what they should run out by their insurance on low terms;—that when the present insurers are broke, or have laid aside that employment, which it will be for the company's interest to endavour, the said insurers or other private persons will hardly resume or take up their former business, after having for some time turned their thoughts another way; or, if some should return to this business, the company would soon reduce them by the same method they had done it at first.—That, as many disputes arise on account of insurances, a single merchant would not be able to contend with a company, but would find his account in case of misfortune to the ship insured, rather to submit to such company's determination, tho' much to his prejudice, than to go to law with so powerful an adversary:—Mr. Townshend spoke likewise to the same purpose as Sir Gilbert Heathcote, as likewise Mr. Heysham and Mr. Morice; and they further added, that tho' there were some few merchants of consideration who had signed the petition for a charter, yet the far greater number of those petitioners were persons not much concerned in trade, which gave reason to believe, the chief view of obtaining such a charter, was stock jobbing;—that on the other side, the petition against such a charter, was signed by three or four hundred persons of the greatest estates in trade. These gentlemen being asked how our insurances were at present esteemed, whether they were on a better or worse foot than formerly; and particularly, whether it had not been customary for merchants to insure the insurers; as likewise whether proper rules and restrictions might not be framed for preventing any inconveniencies to the publick by such a charter or incorporation; they said, that our insurances here, were at present better than ever known to be, and were esteemed by foreigners, as well as the most considerable merchants of this kingdom;—that the Danish East-India Company have insured here, and merchants have been allowed a half per cent, to get insurance for foreigners; —that by reason of the high rate given for insurances by foreigners in their own respective countries, they have not only insured here, but have likewise insured the insurers, being at less expence in the whole than their insurance at home would amount to; —that indeed, here in England, a little before the Revolution, and the breaking out of the late war, the præmiums taken by insurers, being so small as not to answer the great risques to which all ships at sea were then liable, several persons thought it advisable to insure the insurers, but that it was not a thing commonly practised;—and as to any rules or restrictions to prevent the publick suffering by a charter of incorporation; they said, they did not conceive, any could be effectual.

Charter insuring ships, etc.

The said gentlemen were then desired to put into writing, what reasons or objections they had against a charter of incorporation for insuring ships, and to lay the same before the Board, as soon as conveniently they could; which they promised accordingly.

New York.

Philips's memorial.

Naturalization act.

A memorial from Mr. Philips, Agent for the province of New York, in favour of an Act passed there in 1715, for a general naturalization, was read.

Attorney General.

New bill.

Ordered that the said Act, passed at New York in July, 1715, be sent back to Mr. Attorney General, and that he be desired to inform the Board what alterations are proper to be made thereto, in order to the passing a new bill there, to answer the intent of the present Act.

February 20. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Pelham, Mr. Pulteney, Mr. Bladen.

Carolina.

Order of Council.

Representation.

Lords Proprietors.

Sir Robert Montgomery, Governor.

Memorial.

An Order of Council, of the 9th instant, referring to this Board a representation from the Lords Proprietors of Carolina, which recommends Sir Robert Montgomery [fo. 127] for His Majesty's approbation, to be Governor for life, of the most southern part of the said Province beyond the Savana River, was read; together with a copy of the said representation, as likewise a memorial from the said Sir Robert Montgomery upon that subject, all which their Lordships resolved to take into further consideration at the first opportunity.

New York.

New Jersey.

Letter to Brigadier Hunter.

The draught of a letter to Brigadier Hunter, Governor of New York and New Jersey, in answer to several letters from him, was agreed and ordered to be transcribed, as was likewise a postscript to the letter writ him the 3rd instant, relating more particularly to the affairs of New Jersey.

Plantations General.

Jamaica.

Representation to Lords of the Council.

Pardoning piracies.

A representation to the Lords of the Council, in answer to their Lordships Order, of the 9th, mentioned in the minutes of the 17th instant, relating to the pardoning of piracies [fo. 114, 121],&;c., was agreed and signed.

Jamaica.

Letter from Mr. Wood.

Act, disaffected persons.

Letter to Earl of Sunderland.

A letter from Mr. Wood, relating to an Act passed in Jamaica, in 1716, entituled [fo. 137], an Act for the effectual discovery of all persons that are disaffected to His Majesty, and his Government, and to prevent all such persons holding any office or place of trust within this Island, mentioned in the representation of this Board, of the 23rd of October last, was read; and directions were given to prepare the draught of a letter to the Earl of Sunderland thereupon.

February 21. Present:—Earl of Holdernesse, Sir Charles Cooke, Mr. Docminique, Mr. Pulteney, Mr. Bladen.

Virginia.

Order of Council.

Acts.

Quakers.

Foreign debts.

Letter to Colonel Spotswood.

An Order of Council, of the 13th upon a representation of the 3rd instant, for repealing two Acts passed in Virginia [fo. 98], entituled, an Act prohibiting the unlawful assembly of Quakers, passed in 1663, and an Act concerning foreign debts, was read; whereupon a letter to Col. Spotswood, inclosing the said Order, was agreed and signed.

Plantations General.

Letter from Earl of Sunderland.

Commons address.

Papers—pirates.

A letter from the Earl of Sunderland [fo. 120, 122], dated this day, inclosing the copy, of an Address from the House of Commons, requiring several papers relating to pirates, to be laid before them, was read; whereupon directions were given for copying the said papers.

February 24. Present:—Earl of Holdernesse, Sir Charles Cooke, Mr. Docminique, Mr. Molesworth, Mr. Pelham, Mr. Pulteney, Mr. Bladen.

Bermuda.

Letter from Mr. Pulleine.

A letter from Mr. Pulleine, late Lieut. Governor of Bermuda, dated the 22nd of April, 1714, was read.

Letters from Colonel Bennett.

Two letters from Col. Bennett, the present Lieut. Governor of those Islands; one to the Board, the other to the Secretary; both dated the 30th of July last, were read.

Massachusets.

Letter from Colonel Shute.

A letter from Col. Shute, Governor of the Massachusets Bay, dated the 9th of November last, was read.

Plantations General.

Papers—Pirates.

Commons address.

The copies of several papers relating to pirates [fo. 121, 128–131], directed at the last meeting to be copied, pursuant to an Address of the House of Commons, being laid before the Board, with a list thereof, Sir Charles Cooke was desired to present the said copies and list to the House, which he promised accordingly.

Trade.

Order of Council.

Petition.

Patent—fishery.

An Order of Council, of the 2nd instant, referring to this Board the petition of several lords [fo. 130] and others to His Majesty for a patent, in order to the improvement and better carrying on the fishery of this kingdom, was read, and their Lordships resolved to take the same into further consideration at the first opportunity.

Newfoundland.

Letter from Mr. Burchett.

Commodore Scott.

Instructions.

Heads of enquiry.

Captain Whorwood.

A letter from Mr. Burchett [fo. 136], of the 21st instant, by direction of the Lords of the Admiralty, signifying that Captain Scott is appointed Commodore of the Newfoundland convoy for this year, and desiring that such instructions and heads of enquiry as this Board shall think fit, may be prepared for the said Commodore, or any particular instructions or heads of enquiry for Captain Whorwood, who is to proceed before the Commodore to the harbour of Trepassy, was read; whereupon directions were given for preparing the instructions and heads of enquiry, as usual.

Antigua.

Order of Council.

Petition.

Act.

St. Philip's Church.

Mr. Marsh.

summoned.

An Order of Council, of the 9th instant, referring to this Board the petition of the church-wardens [fo. 126] and vestry, and other the parishoners of the parish of St. Philips, in the Island of Antigua against an Act of that Island, obliging them to rebuild their parishchurch, was read; whereupon ordered that Mr. Marsh, who is concerned for the petitioners, have notice to attend the Board to-morrow morning.

Carolina.

Sir Robert Montgomery summoned.

Ordered that Sir Robert Montgomery be acquainted that the Board desire to speak with him to-morrow morning.

New England.

Petition.

Settlement.

Letter from Marquis de Wignacourt.

The petition of several persons concerned for the people [fo. 102, 134] who have proposed to settle the land between the Province of Main and Nova Scotia, was read; as likewise a letter from the Marquis de Wignacourt to Mr. Docminique, on the same subject.

St. Christophers.

Attorney General's report.

Act.

Mr. Duport summoned.

Mr. Attorney General's report upon an Act passed at St. Christophers entituled, an Act for settling the estates and titles of the inhabitants of this Island to their possessions within the same, was read; whereupon ordered that Mr. Duport be acquainted that the Board desire to speak with him on Thursday morning next.

February 25. Present:—Earl of Holdernesse, Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Pelham, Mr. Pulteney.

New York.

Letter to Brigadier Hunter.

Order of Council.

A letter to Brigadier Hunter [fo. 106], Govr. of New York and New Jersey, relating to the affairs of New York, was signed.

Act.

Law-suits.

Copy of an Order of Council, of the 13th February, 1717–18, upon a representation of this Board of the 13th November, 1717, for confirming an Act passed in New York, for preventing of lawsuits, approving the same, was read.

New Jersey.

Order of Council.

Acts.

Copy of an Order of Council, of the 13th February, 1717–18, upon two representations of this Board, of 11th December, 1717, and 27th January, 1717–18, for confirming two Acts [fo. 28, 86, 162], passed in New Jersey, in March, 1713 and January, 1715–16, approving the said representation, was read.

Antigua.

Mr. Marsh.

Act.

Brown and Elliott, etc.

Mr. Marsh [fo. 123, 212] attending, according to appointment, he was asked what he had further to offer concerning the Act of Antigua, entituled, an Act to indemnify Anthony Brown and John Elliott, of the aforesaid Island, Gentn. from a certain bond and articles of agreement by them entered into, with George Pullen, carpenter, for the building a church; he said, that the gentlemen concerned against the said Act, desired to be heard by their counsel, but that they were not yet prepared for it, and therefore he desired time for that purpose, and promised to acquaint the Board so soon as his clients were ready.

Mr. Nivine.

Mr. Nivine, Agent for the said Island, attending likewise, their Lordships enquired whether he had any instructions concerning the Act abovementioned; whereupon Mr. Nivine said, he had no particular instructions relating to it, but that he was informed, the chief inhabitants of the Island were for the Act, and he promised to bring some gentlemen of the Leeward Islands to the Board, who could give their Lordships the best information in this matter.

Order of Council.

Act.

King's Bench Court.

Copy of an Order of Council, of the 30th January, 1717–18, upon a representation of this Board of 16th October, for repealing an Act passed in Antigua, for establishing a Court of King's Bench, &c., approving the said representation was read.

St. Christophers.

Order of Council.

Acts.

Copy of an Order of Council, of the 30th January, 1717—18, upon a representation of this Board, of 16th October, 1717, for confirming three Acts of Antigua and St. Christophers, approving the same, was read.

Carolina.

Sir Robert Montgomery.

New settlement.

30,000l.—fund.

Governor for life, independent.

Sir Robert Montgomery [fo. 119, 132] attending, as desired, their Lordships had some discourse with him concerning the new settlement which he intends to make in the southern part of Carolina, wherein he said, that he proposed to take thither five or six hundred men at the first, and some few women, and that the remainder of their families should be transported, after they had established and fortified themselves;—that he computed the charge of every three men would be 100l., and to carry on this undertaking; he assured their Lordships, that he had with the assistance of his friends and relations a certain fund of thirty thousand pounds, and desired no support either from the Crown, or from Carolina.— That he desired to be Governor for life, and independent of the Governor of Carolina, for that after he had ventured his fortune, the Lords Proprietors might otherwise appoint a Governor, with whose conduct perhaps Sir Robert might not be satisfied, which he said would be inconvenient, and he promised to bring to the Board the grant he had from the said Lords Proprietors.

Plantations General.

Order of Council.

Commissions.

Trial of pirates.

Warrants.

Copy of an Order of Council, of the 30th January 1717–18, upon a representation of this Board, of the 18th September, 1717, for issuing commissions [fo. 122, 131] for the trial of pirates in America, approving the same, and ordering warrants for passing such commissions accordingly, was read.

Order of Council.

Commissioners trying pirates.

Copy of an Order of Council, of the 13th February, 1717–18, upon a representation of this Board, of the 10th of that month, proposing what persons shall be appointed commissioners for trying of pirates in the plantations, approving the same, was read.

Jamaica.

Order of Council.

Lord A. Hamilton's grant.

Pennant&; Swymmer, escheated estate.

Copy of an Order of Council, of the 9th February, 1717–18, upon a representation of this Board, of the 16th October, 1717, for confirming a grant made by the Lord Archibald Hamilton to Edward Pennant and Anthony Swymmer, of an escheated estate in Jamaica, approving the said representation, was read.

Order of Council.

Acts, confirmed.

Copy of an Order of Council, of the 9th February, 1717–18, upon a representation of this Board, of the 23rd October, 1717, for confirming four Acts passed in Jamaica in 1711, 1712, and 1715–16, approving the said representation, was read.

Order of Council.

Acts, repealed.

Copy of an Order of Council, of the 9th February, 1717–18, upon a representation of this Board, of 23rd October, 1717, for repealing several Acts of Jamaica, approving the said representation, was read.

Order of Council.

S. Page, Deputy Secretary.

Copy of an Order of Council, of the 9th January, 1717–18, upon a representation of this Board, of the 24th October, 1717, for removing Samuel Page, Deputy-Secretary of Jamaica, from all offices of trust in that Island,&;c., approving the said representation, was read.

Order of Council.

W. Cockburn's petition.

Copy of an Order of Council, of the 9th February, 1717–18, upon a representation of this Board, of the 23rd January last, on the petition of William Cockburn Esqr. [fo. 82] relating to an appeal to be brought on a suit at law in Jamaica, referring the same to the Committee for Hearing Appeals, was read.

Order of Council.

Receiver General.

Money advanced.

Copy of an Order of Council, of the 9th February, 1717–18, upon a representation of this Board of the 18th September, 1717, approving the said representation, and ordering the Governor of Jamaica to recommend the case of the Receiver-General of that Island, to the Assembly there, for the repayment of money advanced for the service of that Island, was read.

Trade.

Solicitor and others, Fishery, summoned.

Ordered that the solicitor for the lords and others [fo. 123, 132], whose petition relating to the fishery is referred to this Board, be acquainted that the Board desire to speak with such of them as shall think fit to come to the Office on Thursday morning next.

February 27. Present:—Earl of Holdernesse, Mr. Chetwynd, Sir Charles Cooke, Mr. Docminique, Mr. Molesworth, Mr. Pelham, Mr. Pulteney, Mr. Bladen.

St. Christophers.

Mr. Duport.

Mr. Attorney's objections.

Act.

Mr. Duport attending, according to appointment, he was acquainted with the objections Mr. Attorney General has made in his report, read the 24th instant, to the Act of St. Christophers, entituled, an Act for settling the estates and titles of the inhabitants of this Island, to their possessions within the same;—and Mr. Duport was particularly asked whether he knew of any claims made to estates in the said Island by any persons or their heirs who had been in rebellion against the Crown of England, but for want of civil administration in time of war, had no legal process made against them; he said, he had heard of several, and particularly instanced a case of one Bodkin which was mentioned in the petition of Captain Thauvet, lately before this Board.—He added, that he had formerly sent to Mr. Lambert, Lieut. Governor of St. Christophers, the model of an Act drawn by Mr. Attorney General, to be passed there, and answer the intent of this Act abovementioned, without being liable to the same objection; but that he did not know whether there had been any proceedings thereupon.

Letter to General Hamilton.

Mr. Duport being withdrawn, some directions were given for writing to Genl. Hamilton, on the subject of the said Act. [v. Leeward Islands, J.fol. 234, 3rd March, 1717–18.]

Plantations General.

Papers, Pirates, West Indies, List.

Commons address.

The copies of several other papers relating to pirates in the West Indies [fo. 128, 333], being laid before the Board, with a list thereof, Mr. Chetwynd was desired to lay the same before the House of Commons, pursuant to their Address, mentioned in the minutes of the 21st instant, which he promised accordingly.

Trade.

Petitioners.

Fishery-patent.

Questions.

Letter to Mr. Weston.

The Earl of Clarendon [fo. 130, 151, 226], the Earl of Yarmouth, the Lord Ross, Sir George Matthews, and several others, the petitioners for a patent or charter for carrying on and improving the fishery, attending, they were asked what they had to offer on that subject; whereupon, after some discourse concerning the general advantages which the petitioners propose to the publick, they desired to have such questions in writing as the Board might desire them to answer, which was accordingly agreed; and the petitioners being withdrawn, ordered that the Secretary write to Mr. Weston, their solicitor, signifying the desire of this Board to have in writing the heads of what they propose to have granted to them by the charter desired.

Petitioners for insuring ships, heads of a charter, etc.

Mr. Cole [fo. 115, 138], Mr. Bradley, Mr. Billingsley, and others who petition for a charter of incorporation for insuring ships and goods at sea, presented to the Board the heads of such a charter as they desire, as likewise a list of several insurers in London, who have failed, and they particularly observed that five or six of them were become bankrupt since they had signed the petition against such a charter.

Carolina.

Sir Robert Montgomery.

Grant.

Sir Robert Montgomery [fo. 127, 140] attending, communicated to their lordships the grant which he hath by lease and release from the Lords Proprietors of Carolina, of a tract of land in that province, which he proposes to settle, and whereof he desires the government for life.

Virginia.

Letter from Mr. Byrd. Judges of oyer, etc. Representation.

A letter from Mr. Byrd [fo. 99, 135], of the 24th instant, relating to his petition concerning judges of oyer and terminer in Virginia, was read; and a progress made in considering the draught of a representation on that subject.

February 28. Present:—Earl of Holdernesse, Mr. Chetwynd, Sir Charles Cooke, Mr. Molesworth, Mr. Pulteney.

Representation.

Byrd's petition. Courts of oyer, etc.

The draught of a representation upon the petition of Mr. Byrd, relating to judges in the courts of oyer and terminer in Virginia, was agreed, and ordered to be transcribed.

New England.

Letter from Mr. Cuming.

Copy to Mr. Carkesse.

A letter from Mr. Cuming [fo. 142], Surveyor of the Customs at Boston in New England, dated the 28th of last month, was read; whereupon ordered that the Secretary transmit a copy thereof to Mr. Carkesse, to be laid before the Commissioners of the Customs, with the desire of this Board, that their Lordships may have the opinion of the said Commissioners, as soon as conveniently may be, of the expediency of what Mr. Cuming proposes.

General Nicholson.

Memorial, promised.

Title to lands.

Ordered that General Nicholson [fo. 124, 149] be reminded of the memorial desired of him in writing, the 6th of June last, concerning the title to the lands between Nova Scotia and New England; and that he be acquainted, ye Board would be glad to receive the said memorial as soon as possible.

Trade.

Mr. Godolphine, Register, summoned.

Ordered that Mr. Godolphin [fo. 103, 134], Register of the trading vessels of Great Britain, be acquainted that the Board desire to speak with him on Monday morning next.

Papers.

Commerce with Vernice.

Their Lordships made a further progress in considering several papers before them, relating to the Commerce of this kingdom with Venice.

Newfoundland.

Letter from Captain Passenger, ill practices.

Additional article.

Heads of enquiry.

Answer to Mr. Burchett.

A letter from Capt. Passenger, late Commodore at Newfoundland, to the Secretary relating to the ill practices of the New England men at Newfoundland, dated the 20th of October last, was read; whereupon directions were given for preparing an additional article to the heads of enquiry for the Commodore of this year's convoy, and an answer to Mr. Burchett's letter, mentioned in the minutes of the 24th instant.

Plantations General.

Letter to Earl of Sunderland.

Counsel at law's attendance.

The draught of a letter to the Earl of Sunderland, relating to the attendance of one of His Majesty's counsel at law, on the service of this Board, was agreed and ordered to be transcribed.