Journal, February 1729: Journal Book F.F

Journal, February 1729

February 4. Present:— Mr. Docminique, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Massachusetts.

Order of the Committee of Council.

Address of the House of Representatives.

Mr. Burnet's salary.

Letters from him read, with papers.

An Order of the Committee of Council of the 1st instant, referring to this Board an address of the House of Representatives of the Massachusets Bay, in vindication of their conduct, with respect to the settling a fixed salary on the Governor there in pursuance of His Majesty's instructions, was read, as were also the following letters from Mr. Burnet, Governor of the Massachusets Bay, viz.: and the papers, therein respectively referred to, were laid before the Board.

A letter from him to the Secretary, dated the 30th of September, 1728.

A letter from him to the Board, of the 30th of September, 1728. Votes of the Assembly, from the 5th to the 25th of September, 1728, both days inclusive.

Letter from him, dated the 27th of November, 1728.
Votes of the House of Representatives of the Massachusets Bay, at Salem, in October and November, 1728.
Minutes of Council, from the 11th of March, 1727–8, to the 31st of August, 1728.
Minutes of Council in Assembly, from the 29th of May to the 21st of June, 1728.
The Treasurer's general account for the year ending the 31st of May, 1728.
Acts.
Fourteen Acts, passed in 1728.

Acts sent to Mr. Fane.

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

Letter from Mr. Willard about Acts and papers sent.

A letter from Mr. Willard, Secretary of the Massachusets Bay, to the Secretary of this Board, dated the 26th of November, 1728, relating to the Acts of that province and several other public papers, which he has sent, was read.

Duke of Newcastle's letter considered.

Their Lordships then took into consideration the letter from his Grace the Duke of Newcastle upon this subject, read at the last meeting, and the letters and papers from Mr. Burnet, mentioned in the Minutes of the 7th of October and 11th of December last, and made a progress therein.

February 5. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary, Sir Thomas Frankland.

Massachusets.

Mr. Wilks desires to be heard by Council.

Address of the Assembly.

Mr. Burnet's salary.

Day appointed.

Mr. Wilks, a New England merchant, attending, with Mr. Sharpe his solicitor, desired their Lordships would please to appoint a day for hearing what he had to offer by his counsel, in support of the address of the Assembly of the Massachusets Bay, offering the reasons of their proceedings concerning the settling a fixed salary on the Governor of that province according to His Majesty's instructions; and their Lordships were pleased to appoint to-morrow sennight, at 6 o'clock in the evening.

Agents to have notice.

Ordered that the agents for Mr. Burnet have notice thereof.

February 6. Present:—Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

Plantations General.

Account of pitch and tar, etc., imported from 1722 to 1727.

The Secretary laid before the Board an account from the Inspector General's office of the quantity of pitch and tar, rozin and turpentine imported into England from the British Plantations in six years to Christmas, 1727, distinguishing each year; which being considered, ordered that a letter be writ to Mr. Oxenford for an account of the several species and quantities of naval stores imported into this kingdom for five years, from Christmas, 1722, to Christmas, 1727.

A like account to be prepared from 1717 to 1722.

Ordered that a like account be extracted from the inspector's ledgers in this office for five years, from Christmas, 1717, to Christmas, 1722.

Virginia.

South Carolina.

Jamaica.

Mr. Fitzwilliam's memorial to be of the Council.

A memorial from Mr. Fitzwilliam, His Majesty's Surveyor General of the South Continent of America, desiring to be of the Council of Virginia, South Carolina and Jamaica, being read, ordered that the draught of a representation be prepared thereupon.

Miscellanies.

Letter from the Postmasters General.

Postman's arrears.

Mrs. Clarke's petition.

Arrears.

Letter ordered.

The Secretary then laid before the Board a letter he had received from the Postmasters General, in relation to an arrear due to one of their officers for postage of letters delivered for the service of this Board, which was read: and their Lordships taking into consideration the draught of a letter to the Lords of the Treasury, (mentioned in the Minutes of the 1st of November last), upon Mrs. Clarke's petition praying payment of the arrears due to her late husband for the incidental charges of this office; ordered that a new draught of a letter be prepared upon both these affairs.

February 7. Present:—Mr. Docminique, Mr. Bladen, Mr. Ashe, Mr. Cary, Sir Thomas Frankland.

Miscellanies.

Postman's and Mrs. Clarke's arrears.

The letter to the Lords of the Treasury, ordered yesterday to be prepared, in relation to the arrears due to the postman and to Mr. Clarke's widow, was agreed and ordered to be transcribed.

Virginia.

South Carolina.

Jamaica.

Representation upon Mr. Fitzwilliam's memorial.

The draught of a representation, likewise directed yesterday to be prepared, upon Mr. Fitzwilliam's petition desiring to be of the Council of Virginia, South Carolina and Jamaica, was agreed and ordered to be transcribed.

February 11. Present:—Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Massachusetts.

Letter to Mr. Burnet.

A letter to Mr. Burnet, Governor of the Massachusets Bay, was agreed and signed.

Virginia.

Merchants' memorial.

Acts, bonds and judgements.

Mr. Cary and Mr. Randolph attending, presented to the Board a memorial in behalf of the merchants trading to Virginia, desiring that the Act passed there in 1705, entituled, An Act declaring how long judgements, bonds, obligations and accounts shall be in force; for the assignment of bonds and obligations directing what proof shall be sufficient in such cases, and ascertaining the damage upon protested bills of exchange, might be repealed. Which memorial being read, their Lordships resolved to consider further thereof.

Mr. Randolph about William and Thomas Farrar's Act.

Mr. Randolph then desired their Lordships would please to consider the Act, passed at Virginia in 1728, to enable William Farrar and Thomas Farrar to sell and convey certain entailed lands; and for settling other lands and negroes of greater value to the same uses, and report their opinion thereupon to His Majesty. And their Lordships resolved to take the said Act into consideration to-morrow morning.

Leeward Islands.

Letter from Lord Londonderry.

A letter from the Earl of Londonderry, Governor of the Leeward Islands, dated the 30th of November, 1728, was read, and the papers, therein referred to, were laid before the Board, viz:—
Saint Christophers.
With papers and acts.
Minutes of Council and Council in Assembly of Saint Christophers, from the 24th of October, 1727, to the 5th of September, 1728.
Three Acts of Saint Christophers, passed in 1728.
Nevis.
Minutes of the Council of Nevis, from the 20th of November, 1727, to the 16th of September, 1728, and
Minutes of Assembly, from the 20th of November, 1727, to the 28th of October, 1728.
Two Acts, passed at Nevis in 1728.

Acts sent to Mr. Fane.

Ordered that all the aforementioned Acts be sent to Mr. Fane, for his opinion thereupon in view of law.

Massachusets.

Mr. Sharpe, to put off the hearing between the Governor and the Assembly.

The Secretary then acquainted the Board that Mr. Sharpe had desired in behalf of the House of Representatives of the Massachusets Bay, that the hearing appointed by the Minutes of the 5th instant, to be next Thursday evening, in relation to the difference between them and the Governor of that province, might be deferred, the counsel for the house of Representatives not being able then to attend. And their Lordships were pleased to direct that the counsel on each side should let the Board know what time all parties could be ready, that another day may be appointed.

February 12. Present:—Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Sir Thomas Frankland.

Virginia.

South Carolina.

Jamaica.

Representation, Mr. Fitzwilliam to be of the Council.

The representation upon Mr. Fitzwilliam's memorial, desiring to be constituted a member of the several Councils within his district, as Surveyor General of the Customs in the south part of America, agreed the 7th instant, was signed.

February 13. Present:—Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

Virginia.

Representation to confirm Farrar's act.

The Board taking into consideration the Act, passed in Virginia in 1728, to enable William Farrar and Thomas Farrar to sell and convey certain entailed lands, and for settling other lands and negroes of a greater value to the same uses, mentioned in the Minutes of the 11th instant, as also Mr. Fane's report, which was now read; directions were given for preparing the draught of a representation for confirming the same.

February 14. Present:—Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

Virginia.

Representation to confirm Farrar's Act signed.

The representation for confirming the Act, passed in Virginia in 1728, to enable William Farrar and Thomas Farrar to sell and convey certain entailed lands, and for settling other lands and negroes of a greater value to the same uses, agreed yesterday, was signed.

South Carolina.

Colonel Johnson about Beresford's Act.

The Secretary then acquainted the Board that Colonel Johnson desired they would please to appoint a day for considering an Act, passed in South Carolina in 1723, for settling the estate of Richard Beresford, Esqr., deceased; whereupon Mr. West's report being read, their Lordships appointed Friday next for this purpose.

February 18. Present: Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary. Sir T. Frankland.

Virginia.

Act.

Judgements, bonds, etc., and one for limitation of action.

Their Lordships taking into consideration the two following Acts, passed in Virginia in 1705, viz: an Act declaring how long judgements, bonds, obligations and accounts shall be in force, for the assignment of bonds and obligations directing what proof shall be sufficient in such cases, and ascertaining the damage upon protested bills of exchange: and an Act for limitation of actions and avoiding of suits:

Sent to Mr. Fane.

Ordered that they be sent to Mr. Fane, for his opinion thereupon in point of law.

February 20. Present:— Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Sir Thomas Frankland.

Jamaica.

Act for raising a tax considered.

Their Lordships taking into consideration the Act, passed at Jamaica in April, 1728, entituled, An Act for raising a tax by the poll and on trade, and applying the same to several uses. Mr. Fane's report thereupon was read. And their Lordships agreed to proceed further thereon to-morrow morning.

Trade.

Pennsylvania.

Mr. Trueman's memorial.

Account of losses.

A memorial from Mr. Trueman, inclosing,
An account of the losses Mr. Alexander Woodrop of Philadelphia sustained by the Spaniards in the year 1720, was read.

Sent to the Duke of Newcastle.

And their Lordships gave directions for sending a copy thereof to his Grace the Duke of Newcastle.

February 21. Present:—Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

South Carolina.

Mr. Beresford's act to lie by.

Their Lordships taking into consideration the Act, passed in South Carolina in 1723, for settling the estate of Richard Beresford, Esq., deceased, as also Mr. West's report thereupon, and considering the hard case of the infant, for whose relief this Act was passed, agreed that the same should lye by probationary for some time, this Act not being proper to be confirmed, for the reasons mentioned in Mr. West's aforementioned report.

Jamaica.

Representation to confirm the Poll Tax Act.

The Board taking again into consideration the Act, passed at Jamaica in 1728, for raising a tax by the poll and on trade, and applying the same to several uses, as also Mr. Fane's report, read yesterday, gave directions for preparing the draught of a representation for confirming the said Act.

Trade.

Pennsylvania.

Letter to the Duke of Newcastle.

Trueman's memorial.

Losses.

The draught of a letter, directed yesterday to be prepared, for inclosing to the Duke of Newcastle, a copy of an affidavit inclosed in Mr. Trueman's memorial about a ship taken by the Spaniards, read yesterday, was agreed and ordered to be transcribed.

February 25. Present:—Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Jamaica.

Their Lordships taking into consideration the two following Acts, passed in Jamaica in April, 1728, viz:—

Acts.

An Act for granting a revenue for 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, and

An Act to oblige the several inhabitants of this island to provide themselves with a sufficient number of white people, or pay certain sums of money, in case they shall be deficient, and applying the same to several uses, and for repairing the wall of Port Royal.

Mr. Fane's report thereupon was read.

Sent to Mr. Attorney and Solicitor General.

Ordered that these Acts be sent to Mr. Attorney and Mr. Solicitor General, for their opinion thereupon in point of law.

Letter from General Hunter, with papers.

A letter from Major General Hunter, Governor of Jamaica, dated the 24th of August, 1728, was read, and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Council, from the 7th of May, 1728, to the 2nd of August following.
Minutes of Council in Assembly, from the 2nd of July, 1728, to the 1st of August following.
Minutes of Assembly, from the 2nd of July, 1728, to the 1st of August following.

Act, Port Antonio, to be considered.

A second letter from him was likewise read, dated the 9th of November, 1728; and their Lordships resolved to consider the Act for settling Port Antonio, therein mentioned, to-morrow morning.

Trade.

Pennsylvania.

Letter to the Duke of Newcastle about a ship taken by the Spaniards.

The letter to the Duke of Newcastle, inclosing an affidavit, in relation to a ship taken by the Spaniards, agreed at the last meeting, was signed.

Miscellanies.

Letter to the Treasury.

Postman's and Mrs. Clarke's arrears.

The letter to the Lords of the Treasury, in relation to the arrears due to the postman and to Mr. Clarke's widow, agreed the 7th instant, was signed.

Barbadoes.

Letter from the Duke of Newcastle.

A letter from the Duke of Newcastle, dated the 13th instant, was read, and the papers, therein referred to, were laid before the Board.
Complaints against Mr. Worseley.
Petition of the Assembly of Barbadoes to the King, with complaints against Mr. Worseley, Governor of that Island.
Mr. Worseley's answer.

Mr. Sharpe desires copies of the complaints, and Mr. Price copies of the Governor's answer.

Mr. Sharpe, agent for Mr. Worseley, attending at the same time, desired the Board would please to give him a copy of the said complaint, which was ordered accordingly.

Mr. Price likewise, attending in behalf of the Assembly of Barbadoes, desired a copy of Mr. Worseley's aforesaid answer. And the same was ordered accordingly.

Mr. Price presents papers.

Mr. Price then presented to the Board the following papers, viz:—
Minutes of Assembly, from the 13th of July, 1728, to the 14th of September following.
Copy of the address of the General Assembly of Barbadoes, relating to the orders past to William Webster, Esq.
The Governor's speech to the Council and Assembly.
The Assembly's address to the Governor.

February 26. Present:—Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary, Sir Thomas Frankland.

Jamaica.

Act for settling the Parish of Portland considered.

The Board taking into consideration the Act, passed at Jamaica in March, 1725–6, entituled, An explanatory Act [v. fol. 112] for the further encouraging the settling the parish of Portland, Mr. Fane's report thereupon was read; and their Lordships agreed to lay their opinion upon this Act before His Majesty at the same time with the Revenue Act, sent to Mr. Attorney and Solicitor General the 25th instant.

February 28. Present:—Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary, Sir Thomas Frankland.

Bahamas.

Instructions considered.

The Board took into consideration the draught of instructions, ordered to be prepared for Captain Rogers, Governor of the Bahama Islands, and made a progress therein.

Antigua.

Representation.

Act, Lord Londonderry's settlement.

The draught of a representation for confirming the Act, passed at Antigua the 21st of September, 1728, for making a settlement on the Earl of Londonderry, Governor of the Leeward Islands, during his government and personal residence there, etc., considered the 15th of the last month, was agreed and ordered to be transcribed.