Journal, June 1731
Journal Book H.H

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Institute of Historical Research

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Author

K. H. Ledward (editor)

Year published

1928

Pages

204-216

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'Journal, June 1731: Journal Book H.H', Journals of the Board of Trade and Plantations, Volume 6: January 1729 - December 1734 (1928), pp. 204-216. URL: http://www.british-history.ac.uk/report.aspx?compid=81598 Date accessed: 29 August 2014.


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Journal, June 1731

June 1. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir 0. Bridgeman, Mr. Brudenell, Sir A. Croft.

Antigua.

Gregson's Act sent to the Attorney General.

Their Lordships taking again into consideration the Act, passed at Antigua in 1725–6, to enable William Gregson of London, gent., to sell and dispose of a certain plantation in the said Island, formerly belonging to Roger Williams, as also Mr. Fane's report thereon, read the 10th of November last, ordered that the said Act should be referred to Mr. Attorney General, for his opinion in general upon the same.

Bahamas.

Order in Council, Mr. Phenney's memorial.

An Order of the Committee of Council, dated the 19th of May, 1731, referring to this Board the memorial of George Phenney, Esq., late Governor of the Bahamas, praying that directions may be given to Woodes Rogers, Esq., the present Governor, to deliver up a bond, which he compelled the said Phenney to give to the Treasurer there, and praying an allowance for the fortifications he made and the losses he sustained during the time he acted as Governor, was read, and their Lordships resolved to consider further thereof on Thursday morning next, at which time, ordered that Capt. Phenney be desired to attend.

New York.

Trading house at Oswego.

Their Lordships taking again into consideration Mr. Montgomerie's letter of the 21st of December, 1730, and the papers, therein referred to, mentioned in the Minutes of the 2nd of April last, in relation to the trading house at Oswego, as also the Act, passed at New York in 1730, to defray the charge of victualling His Majesty's troops posted at Oswego and for other the purposes herein mentioned, resolved to proceed further thereon to-morrow morning.

Representation.

Rutger's petition.

The Board then took into consideration Mr. Rutger's petition for the Swamp at New York, mentioned in the Minutes of the 28th of the last month, and gave directions for preparing the draught of a report thereupon.

Miscellanies.

Representation, fees, signed.

The representation upon Mr. Popple's petition, praying for an Establishment of Fees, agreed at the last meeting, was signed.

June 2. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell.

New York.

Rutger's petition.

The draught of a representation upon Mr. Rutger's petition, praying for a grant of the Swamp in New York, directed yesterday to be prepared, was agreed and ordered to be transcribed.

Leeward Islands.

Memorial from Mr. Yeaman's, devolution of Government.

Mr. Fane to attend.

Their Lordships taking into consideration the memorial of Mr. Yeamans, agent for Antigua, proposing an alteration in the Governor's instructions, relating to the devolution of Government in the Leeward Islands, read the 21st of the last month; and some difficulties arising thereon with respect to the King's power of appointing any other person to Command in Chief in the said Islands during the Governor's absence, except those named in his commission, directions were given that Mr. Fane should attend the Board to-morrow morning.

New York.

Fort at Oswego, merchants written to.

Their Lordships taking also into consideration the letter from Mr. Montgomerie, Governor of New York, and the papers, therein referred to, mentioned in the Minutes of the 9th of the last month, in relation to the maintaining the fort at Oswego, as also the said Minutes, directions were given for writing to the said merchants to know whether they had yet received any information upon that subject from their correspondents at New York.

Jamaica.

Condition of this Island.

Runaway negroes.

Merchants summoned.

The Earl of Westmorland then mentioned to the Board the various reports that had been spread about the present condition of Jamaica, the strength of the runaway negroes, and the necessity of continuing so many troops there, and said, that he thought it might be for His Majesty's service that an inquiry should be made into this matter; to which their Lordships agreeing, ordered that Maj. Ayscough, Mr. Morice, Mr. Harris and Mr. Coleman be desired to attend the Board to-morrow morning, and to bring with them such persons, as can give the Board any light into this matter.

June 3. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Sir A. Croft.

Leeward Islands.

Mr. Fane about devolution of Government.

Mr. Fane attending, as he had been desired, and that part of the commission of the Governor of the Leeward Islands being read, whereby those who are to take the command in the Governor's absence are named, their Lordships asked Mr. Fane's opinion, whether His Majesty could, by virtue of his instructions only, give the command in the Governor's absence to any but such as are named by the said commission, and he gave his opinion, that they could not. Their Lordships then gave some directions for preparing the draught of a representation, upon the memorial from Mr. Yeamans, agent for Antigua, proposing an alteration in the Governor's instructions, relating to the devolution of Government in the Leeward Islands, mentioned in yesterday's Minutes.

New York.

Act.

extravagant grants.

Their Lordships then read that part of the Act, passed at New York in 1698–9, for the vacating, breaking and annulling several extravagant grants of land made by Col. Benj. Fletcher, the late Governor of this province, under His Majesty, whereby the Governors of that province are prohibited to make any grant of the Swamp, etc., for any longer continuance than their own Government. Their Lordships desired Mr. Fane's opinion, whether the King could impower the Governor to make a grant of the same in perpetuity? To which Mr. Fane said, that although the Governor's power was abridged, yet the grants of land resumed by this Act, being vested in the Crown, the King might impower his Governor to make perpetual grants thereof.

A letter from Mr. H. Morice, excusing his attendance this morning, was read.

Jamaica.

Mr. Harris about runaway negroes.

Mr. Harris attending, as he had been desired, their Lordships asked him what he knew concerning the present condition of Jamaica, with respect to the runaway negroes, and the necessity of keeping there the two regiments lately sent thither; in answer to which Mr. Harris acquainted the Board, that when the English took the Island from the Spaniards, those who were conquered retired to the Blue Mountains with the negroes; that when the Spaniards went off to Cuba they left their negroes there, and that this was the beginning of the negro settlement: that he believed they might be in number about 500: that he was of opinion, the two regiments now there would be of no use against these negroes: that he believed two thirds of the soldiers would be lost in the attempt, not being used to the heat of the climate: that the most natural way to reduce these negroes, would be to imploy the Musketos, as had formerly been done, but that at present he believed they were very much dissatisfied with the people of Jamaica, not having been paid according to their contract, when they were last imployed. Their Lordships then asking Mr. Harris, whether he did apprehend that the runaway negroes were supplied with arms from the Spaniards and held a correspondence with them, he said not, but that the Jews at Jamaica had always supplied them with arms: that there was much more to fear from the French than the Spaniards: that the French on Hispaniola were very strong and numerous, and lying to windward might land a body of troops on Jamaica in a night's time: that in that case, indeed the two regiments would be of use, or to keep their own negroes in awe: that he thought it would be of service to disband the said regiments in Jamaica, and give them land to encourage their settling there.

Mr. Harris then acquainted the Board, that he would make the best enquiry he could into this matter and wait upon the Board in a few days.

Bahamas.

Capt. Phenney for losses and charges.

Capt. Phenney, late Governor of the Bahamas, attending with Mr. Sharpe, Mr. Gaudet, the late Treasurer, and Capt. Aspenwald, their Lordships took again into consideration the Order of the Committee of Council, referring to this Board the memorial of Capt. Phenney, praying that his bond may be given up; and an allowance for losses and charges while he was Governor of these Islands, mentioned in the Minutes of the 1st inst. And the said Gaudet being sworn, declared that, since the arrival of the present Governor Rogers, he had laid before the Assembly at Providence, all the public accounts of money raised and disbursed during Mr. Fairfax and Capt. Phenney's time, and that they had examined every article thereof, and found no fault with any of the disbursements; that they objected to the moneys having been raised before any Assembly had been called. Mr. Gaudet further informed the Board, that Mr. Fairfax and Mr. Phenney, not having had power to call any Assembly, they were obliged to raise money for the public service without it; but that they never had done it but by the consent of the Council, and with the approbation of the General Quarter Sessions, and that no money had ever been issued but by orders signed by the Governor and Council: that as to the allegation in Capt. Phenney's petition that he was obliged to build two sloops at his own expence for carrying provisions for the support of the Bahamas, and that the said sloops and provisions had been lost at sea, he said he knew the truth thereof, as also of the following account, now read, viz:—
An account of the real loss Governor Phenney sustained by the sloops Phenney and Arthur, both which vessels and their cargoes were lost, in their return from Boston in New England to the Island of New Providence, chief of the Bahamas.

Capt. Aspenwald being sworn, informed the Board, that he carried Capt. Phenney to the Bahamas when he first went as Governor, and that he had lately carried the present Governor thither, and that having both times observed the condition of the fortifications: that when Capt. Phenney went thither the southeast, south-west and north-west corners thereof were fallen down, but that when he was last there he found Governor Phenney had rebuilt them, and had added bastions of stone, and very much improved the same, according to the draught now laid before the Board.

Capt. Phenney then informed the Board, that being directed by his instructions to observe as near as might be those given to the Governors of Jamaica, of which he had a copy, and finding that, before his time, it had been the practise to raise money for the public service, with the consent of the Council alone, there being then no power to call an Assembly, he had likewise done so; but that the money raised had always been paid into the hands of Treasurer, and never issued but by an order signed by the Governor and Council; and that as it appeared by the several accounts transmitted to this Board by him, all the money had been fairly accounted for, he hoped the Board would please to report in his favour.

The gentlemen being withdrawn, their Lordships resolved to consider further thereof tomorrow morning.

June 4. Present:—Earl of Westmorland, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell.

Bahamas.

Letter from Capt Rogers, with papers and Acts.

The two following letters from Capt. Rogers, Governor of the Bahamas, were read, and the papers, therein respectively referred to, were laid before the Board, viz:—
A letter from him, dated the . . . . of October, 1730.
Remarks on the condition of the fortifications at New Providence, when Governor Rogers arrived there, the 25th of August, 1729.
Minutes of Council, from the 25th of August, 1729, to the 15th of June, 1730.
Minutes of Assembly, from the 29th of September, 1729, to the 15th of June, 1730.
Twelve Acts, passed in 1730.

A letter from him, dated the 10th of February, 1730–1.

Acts sent to Mr. Fane.

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

Letters to be answered.

Ordered that the draught of an answer be prepared to Capt. Rogers' said letters.

Capt. Phenney, charges and losses, report ordered.

Their Lordships then taking again into consideration Capt. Phenney's memorial, praying that his bond may be given up, and an allowance for losses and charges while he was Governor of the Bahamas, mentioned in yesterday's Minutes, gave directions for preparing the draught of a report in favour thereof.

New York.

Mr. Rutger's petition for a grant of land, report ordered.

The draught of a report upon Mr. Rutger's petition for a grant of the Swamp in New York, was agreed and ordered to be transcribed.

June 8. Present:—Earl of Westmorland, Mr. Docminique, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell.

Leeward Islands.

Devolution of Government.

Their Lordships, taking again into consideration the memorial of Mr. Yeamans, agent for Antigua, proposing an alteration in the Governor's instructions, relating to the devolution of Government in the Leeward Islands, mentioned in the Minutes of the 2nd inst., gave directions for preparing the draught of a representation thereupon.

New York.

Report upon Mr. Rutger's petition for a grant of the Swamp.

The report upon Mr. Rutger's petition, praying for a grant of the Swamp in New York, agreed at the last meeting, was signed.

Letter to the Duke of Newcastle. about

Trading house to be erected by the French.

The draught of a letter to the Duke of Newcastle, for enclosing to him an extract of Mr. Montgomerie's letter of the 30th of December last, and copies of the paper, therein referred to, mentioned in the Minutes of the. . . . ., relating to the trading house proposed to be erected by the French in the Seneca country, was agreed and ordered to be transcribed.

New Jersey.

New Seal.

Ordered that the draught of a representation be prepared, for proposing a new seal for New Jersey, in the room of that lately lost, as mentioned in Mr. Montgomerie's aforesaid letter.

St. Christophers.

Mr. Beake's petition against Wavel Smith, Secretary and Councillor.

An Order of the Committee of Council, dated the 19th of May, referring to this Board's consideration, the petition of Mr. Beake, agent for St. Christopher's, complaining of Wavel Smith, Esq., Secretary of the Leeward Islands, for taking exorbitant fees, and praying that he may be removed from the Council, was read; and their Lordships agreed to consider further thereof, when General Mathew shall come to town.

June 9. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell.

New York.

Fort at Oswego.

A letter from Mr. Storke, dated the 8th, in answer to one writ to him the 2nd inst., relating to the maintaining the fort at Oswego, was read, and their Lordships gave directions for preparing the draught of a letter to Col. Montgomerie thereupon.

Trading house.

The letter to the Duke of Newcastle, mentioned in yesterday's Minutes, about the trading house proposed to be erected by the French in the Senecas' country, was signed.

Bahamas.

Report, Capt. Phenney's losses and charges.

The report upon Capt. Phenney's memorial, praying that his bond may be given up, and an allowance for losses and charges while he was Governor of the Bahamas, ordered to be prepared the 4th inst., was signed.

Massachusetts.

Letters from Mr. Dummer, with papers.

The following letters from Mr. Dummer, late Lieut. Gov. of the Massachusetts Bay, were read, and the papers, therein respectively referred to, laid before the Board, viz:—
A letter from him, dated the 7th of October, 1729.
Votes of Assembly, from the 8th to the 26th of September, 1729.
A letter from him, dated the 26th of December, 1729.
Journal of the House of Representatives, from the 19th of November, 1729, to the 17th December following.
Draught of a Bill for retrieving and ascertaining the value of the Bills of Credit in this Province.

A letter from him, dated the 26th of January, 17 29/30.
Votes of the House of Representatives of the Massachusetts Bay, of the 18th, 19th and 20th December, 1729.

Letters from Mr. Willard, with papers and

The following letters from Mr. Willard, Secretary to the Massachusetts Bay, were read, and the papers, therein respectively referred to, laid before the Board, viz:—
A letter from him, dated the 25th November, 1729.
Minutes of Council, from the 7th of March, 1728–9, to the end of August, 1729.
Minutes of Council in Assembly, from the 2nd April, 1729, to the 26th of September following.
Acts passed in 1729
Acts.
A letter from him, dated the 22nd April, 1730.
Minutes of Council, from the 10th September, 1729, to the 25th February following.
Minutes of Council in Assembly, November and December, 1729.
Acts passed in December, 1729.
The Treasurer's account of receipts and disbursements, ending the 31st of May, 1729.
A letter from him, dated the 6th of May, 1730.
An Act, passed in 1728, for erecting a new town to be called Lunenburgh.
A letter from him, dated the 12th of December, 1730.
Acts passed in 1728 and 1730.
Minutes of Council, from March, 1729, to the end of August, 1730.
Minutes of Council in Assembly, from the 27th May, 1730, to the 28th October, following.
The Treasurer's account for the year 1730.

New Hampshire.

Letters from Mr. Wentworth, with papers and

A letter from Mr. Wentworth, Lieut. Gov. of New Hampshire, dated the 15th of November, 1729, was read, and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Council in Assembly, from the 22nd April, 1729, to the 15th of May following.
Account of stores of war, spent and remaining, in the forts, in New Hampshire to May, 1729.
Acts.
Five Acts, passed the 15th of May, 1729.

A letter from Col. Wentworth, dated the 2nd of April, 1730.

Massachusetts.

Settling a salary on the Governor.

The Board then took again into consideration the Order in Council, read the 18th of March last, referring to this Board a letter from Mr. Belcher, Governor of the Massachusetts Bay, to the Duke of Newcastle, with the copy of an Act, passed by the Representatives and Council of the Province, about settling a salary on the said Governor during his administration; and, after reading the following letters from Mr. Belcher, with the papers, therein respectively referred to, gave directions for preparing the draught of a report upon the said Order, and of an answer to the said letters.
Letters from Mr. Belcher,with papers, etc.
A letter from him, dated the 10th of December, 1730.
A letter from him, dated the 13th of January, 1730–1.
Copy of a memorial from Mr. Belcher to His Majesty, relating to the granting of lands, between the Sagadahoc and the Gulf of St. Laurence, dated in May, 1730.
Printed Journal of the Assembly, from the 16th of December, 1730, to the 2nd of January, 1730–1.
Proclamation for preventing the destruction of the woods, and publishing an instruction from His Majesty for that purpose.
A letter from him, dated the 1st of March, 1730–1.
Journal of the Assembly, from the 10th to the 24th of February, 1730–1.
Report of the Attorney General of the Massachusetts Bay, to Governor Belcher, dated the 13th of January, 1730–1, relating to the process in His Majesty's Courts there against the rioters of Fredericks Fort, etc.
Fifteen papers relating to the process in His Majesty's Courts of the Massachusetts Bay, against the rioters of Fredericks Fort, convicted at York Court, in January, 1730–1.
A letter from him, dated the 5th of April, 1731.
Answers to queries respecting the Massachusetts.
Extract from the political state of Great Britain, for the month of December, 1730.
Votes of the House of Representatives, from the 25th of February, 1730–1, to the 3rd April, 1731.
New Hampshire.
Answers to queries about New Hampshire.
A letter from him, dated the 5th of December, 1730.
Mr. Belcher's speech to the Council and Assembly, the 19th November, 1730.
Mr. Belcher's speech to the Council and Assembly, the 28th November, 1730.
Mr. Belcher's warrant to the Lieutenant Governor of New Hampshire, relating to the repairs necessary at William and Mary Fort at Newcastle, dated the 2nd of December, 1730.
Mr. Belcher's warrant to the General Committee, of the £15,000 upon loan.
Proclamation relating to officers taking fees in New Hampshire, dated the 3rd of December, 1730.
Acts.
Copies of eight Acts, not under the province seal.
A letter from him, dated the 25th of January, 1730–1.
Draught of a Bill for emitting £6,000 Bills of Credit and postponing the payment of money due the 25th of April, 1731, one year longer.
Copy of a report on a survey of William and Mary Fort at Newcastle in New Hampshire, dated the 18th of December, 1730.

Public Acts sent to Mr. Fane.

Ordered that the several public Acts, before mentioned, be sent to Mr. Fane, for his opinion thereupon in point of law.

June 10. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Ashe.

New Jersey.

New Seal lost.

Mr. Drummond, agent for Col. Montgomerie, Governor of New Jersey, attending, as he had been desired, presented to the Board a letter he had received from the said Governor, dated the 10th of December last, signifying the loss of the new seal, and desiring that directions may be given for another, which was read, and an extract thereof ordered to be taken, and a representation thereupon was agreed and signed.

Trade.

Ireland.

Wool.

Plantations General.

A letter from the Duke of Newcastle, dated the 9th inst., inclosing the copies of an address of the House of Lords of the 6th of the last month, about preventing the running of wool, and of an address of the House of Commons, dated the 5th of May, 1731, for a state of His Majesty's plantations with respect to laws, manufactures and trade there, affecting those of Gt. Britain, was read; and directions were given for inserting the following advertisement in the three next successive Gazettes.
Whitehall, June the 10th, 1731.

Trade.

Ireland.

Wool.

The Lords Commissioners for Trade and Plantations having been commanded by His Majesty to receive all proposals, that may be laid before them, for preventing the pernicious practice of running of wool from England and Ireland, and to consider of and propose proper methods to prevent such practices for the future, and lay the same before the House of Peers, in the beginning of the next sessions of Parliament; these are therefore to inform all persons, who may have such proposals to make, that the said Lords Commissioners for Trade are ready to receive the same at their office in Whitehall.
By Order of their Lordships,
Alfred Popple.

Plantations General.

Circular letter, laws affecting trade.

A circular letter was then agreed to all the Governors in America, for the best account they can give of any laws, passed in their several Governments, which affect the trade of Great Britain.

Leeward Islands.

Devolution of Government.

The representation, ordered to be prepared the 8th inst., upon Mr. Yeamans' memorial, proposing an alteration in the Governor's instructions, relating to the devolution of Government in the Leeward Islands, was agreed and signed, as was also

Massachusetts.

Settling a salary.

A representation, ordered to be prepared at the last meeting, upon the Order in Council, referring to the consideration of this Board a letter from Mr. Belcher, Governor of the Massachusets Bay, to the Duke of Newcastle, with the copy of an Act about settling a salary on the said Governor during his administration.

June 15. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Barbadoes.

Two Councillors appointed.

Two Orders of Council, dated the 19th of May, 1731, directing the names of John Ashley and Othniel Haggot, Esqs., to be inserted in the draughts of instructions preparing for Mr. Chetwynd, appointed Governor of Barbadoes, were read, and directions were given for inserting their names accordingly in the draught of instructions for the said Mr. Chetwynd.

Instructions considered.

Their Lordships then taking into consideration the said draught of instructions, the same were agreed and ordered to be transcribed.

New Jersey.

Memorial from Mr. Partridge desiring Acts may be considered.

Two memorials from Mr. Partridge, desiring the Board will please to consider of and report in favour of several Acts, therein mentioned, passed in New Jersey, were read, and directions were given for Mr. Partridge to attend the Board tomorrow morning.

Bahamas.

State of these Islands.

A letter from Mr. Carkesse, with the copy of one from Mr. Fitzwilliams, relating to the produce, state and trade of the Bahama Islands, was read.

Nova Scotia.

A letter from Capt. Marwood, inclosing the following letter from Capt. Wells, was read.

A letter from Capt. Wells, dated the 10th of September, 1730, was read, and the papers, therein referred to, were laid before the Board, viz:—
Pemaquid.
A draught of the town of Pemaquid.
Draughts of Pemaquid, with the land cleared by Col. Dunbar.

Pennsylvania.

Mr. Sharpe desires the Act establishing Courts may be considered,

Jamaica.

and the Act, free slaves, with Pero Plantation Act.

The Secretary then laid before the Board a letter he had received from Mr. John Sharpe, desiring a day may be appointed for hearing counsel for and against the Pennsylvania Act, passed in 1727, for establishing Courts of Judicature in this province, and desiring the Board would consider the Act, passed in Jamaica, for the better regulating of slaves, and rendering free negroes and mulattoes more useful, and preventing hawking and pedling, and enlarging the time for the Commissioners collecting the outstanding debts; and that the Board would report upon the Act, passed in Jamaica, enabling Capt. King and Lady Cotton to sell Pero Plantation; which letter being read, their Lordships appointed Tuesday next for hearing council upon the said Pennsylvania Act, and ordered that Mr. Sharpe and Mr. Paris have notice thereof.

He is to send his objections to the Act, free slaves.

Ordered that Mr. Sharpe be desired to send his objections against the said Jamaica Act for regulating of slaves.

June 16. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

Jamaica.

Agent to Col. Cope to attend.

State of the Island.

Ordered that a letter be wrote to the agent to Col. Cope's regiment at Jamaica, to desire he will attend the Board next Tuesday, and give them any account he may have received from thence of the state of that Island, with respect to the rebellious negroes, and to the necessity of maintaining there the two regiments lately sent.

New Jersey.

Mr. Partridge attends.

Mr. Partridge, agent for New Jersey, attending, as he had been desired, the Board took his two memorials again into consideration, desiring the Board would please to consider and report in favour of several Acts therein mentioned, passed in that province; and after some conversation with him thereupon, directions were given for preparing the draught of a representation for repealing the following Acts.

Following Acts to be repealed.

An Act for the frequent meeting and calling of the General Assembly of this province, and for the alternate settling thereof.

An Act concerning the acknowledging and registering deeds of conveyances of land, and declaring how the estate or right of a femme coverte may be conveyed or extinguished.

An Act for shortening of law suits, and regulating the practice and practitioners of the law and other offices.

Act.

Prosecutions, to lye by,

Their Lordships then taking again into consideration the Act, passed at New Jersey in February, 1727–8, for preventing malicious prosecutions on indictments and other suits of the crown, and rectifying sundry proceedings thereon, as likewise the Minutes of this Board of the 30th of May, 1729, where it had been agreed to confirm the same, but as no report had been made for that purpose, their Lordships resolved that the said Act should lye by probationary.

Letter from Colonel Montgomerie, with papers and Acts.

The two following letters from Col. Montgomerie, Governor of New Jersey, were read, and the papers, therein respectively referred to, were laid before the Board, viz:—
A letter from him, dated the 22nd of May, 1730.
The Governor's speech to the Assembly and their address.
A letter from him, dated the 20th of November, 1730.
Minutes of Council, from the 1st September, 1729, to 15th July, 1730.
Minutes of Assembly in 1730.
Acts, passed in 1730.
Copy of an address from the Assembly to His Majesty, desiring a separate Governor.

Acts sent to Mr. Fane.

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

Letter to Colonel Montgomerie ordered.

Ordered that the draught of an answer be prepared to all those letters from Col. Montgomerie, to which the Board have yet returned none.

June 22. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

Jamaica.

Mr. Popple attends.

Extracts, rebellious negroes two regiments.

Mr. Henry Popple, agent for Col. Cope's regiment at Jamaica, attending, as he had been desired, he presented to the Board the extracts of several letters from Jamaica, relating to the rebellious negroes, and to the state of the two regiments now there, which being read, the Board agreed to consider further thereof at another opportunity.

Pennsylvania.

Hearing on the Act, establishing Courts.

Report ordered.

Their Lordships having appointed this day for hearing Council for and against the Act, passed at Pennsylvania in 1727, entituled, An Act for establishing Courts of Judicature in this Province, referred to the Board by an Order of the Committee of Council, read. . . . . . . And Mr. Sharpe attending, with Mr. Foster, against the Act, and Mr. Paris with Mr. Browne, in behalf of the Act, the said Act, with Mr. Fane's opinion thereupon, was read; and their Lordships, after hearing what each side had to offer, finding that the jurisdiction of the Supreme Court, except in some cases, was taken away and given to the inferior Courts, and that the Officers of the King's Revenue are apprehensive the passing this law may affect the same by abridging the power given to them by the Act of Parliament of the 7th and 8th of King William the 3rd, entituled, An Act for preventing frauds, and regulating abuses in the plantation trade, of suing in any Court of Record; their Lordships gave directions for preparing the draught of a representation for proposing the repeal thereof, but as some doubts arose with the Board concerning the King's power of repealing laws passed in Pennsylvania, ordered that the following queries be sent to Mr. Fane, for his opinion thereupon, viz:—

Queries sent to Mr. Fane.

Has the King a power, by virtue of the Pennsylvania Charter, of repealing any law passed there that he shall judge proper ? or is His power restrained?

If His power is restrained, then Acts of what nature, has He a power of repealing?

June 23. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.

New Jersey.

Acts.

The representation for repealing the three following Acts of New Jersey, viz:—

Calling of Assembly.

An Act for the frequent meeting and calling of the General Assembly of this Province and for the alternate sitting thereof.

Registering deeds, and Regulating the practice of the law, to be repealed.

An Act concerning the acknowledging and registering deeds and conveyances of land, and declaring how the estate or right of a femme coverte, may be conveyed or extinguished.

An Act for the shortening of of law suits, and regulating the practice and practitioners of the law and other officers, ordered to be prepared the 16th inst., was agreed and signed.

Pennsylvania.

Report.

Act, establishing Courts, agreed.

The draught of a report, directed yesterday to be prepared, upon an Act, passed in Pennsylvania in 1727, entituled, An Act for establishing Courts of Judicature in this province, referred to the Board by an Order of the Committee of Council, of the 14th of May, 1730, and mentioned in the Minutes of the 19th of June following, was agreed and ordered to be transcribed.

June 24. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

Miscellanies.

Incidents and salary.

The Secretary laid before the Board the account of petty expences and incidental charges of this office, between Lady Day, 1731, and Midsummer following, amounting to two hundred and fifty one pounds, seven shillings and seven pence halfpenny.

£s.d.
Account of petty expences, from Lady Day, 1731, to Midsummer following15519
The stationer's account for the same time6956
The postman's account for the same time2627
£2517

And a letter to the Lords of the Treasury, desiring payment thereof, as also of one quarter's salary due to the Secretary and other officers this day, was signed.

Pennsylvania.

Report, Act, establishing Courts, signed.

The report for repealing the Act, passed in Pennsylvania in 1727, for establishing Courts of Judicature in this province, agreed yesterday, was signed.

June 29. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Bahamas.

Letter to Captain Rogers.

The letter to Capt. Rogers, Governor of the Bahama Islands, ordered to be prepared the 4th inst., was agreed and signed.

Trade.

Africa.

Letters in answer to queries, Mr. Lambe.

A letter from Mr. Spence, dated the 11th, of June, 1731, with the answers of the African Company to some queries from the Board of Trade, relating to Mr. Bulfinch Lambe, was read.

A letter from Mr. Morice, dated the 16th inst., with an answer from the separate traders to certain queries sent them, relating to Mr. Lambe, was read.

A letter from Mr. Harris, dated the 17th inst., in relation to some queries sent him concerning Mr. Lambe, was read.

Papers, Mr. Lambe, considered.

Report ordered.

Their Lordships then taking the said answers into consideration, as likewise the letter from the Duke of Newcastle, referring to the Board the petition and memorial of Mr. Bulfinch Lambe, relating to some transactions he had with the Emperor of Pawpaw in Africa, read the 19th of the last month, gave directions for preparing the draught of a representation thereupon.

June 30. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

Virginia.

Representation for repealing Liquor Act.

A memorial from several merchants trading to Virginia, against an Act passed there, for laying duties on liquors, was read; ordered that the draught of a representation be prepared for repealing the same.

Massachusetts.

Letter from Mr. Belcher.

A letter from Mr. Belcher, Governor of New England, dated the 26th of April, 1731, was read, and the paper, therewith transmitted, laid before the Board, viz:—
Votes of the House of Representatives, commencing the 3rd and ending the 24th April, 1731.

Answer considered.

Their Lordships then made some progress in considering the draught of an answer to Mr. Belcher's letters, ordered to be prepared the 9th inst.

Jamaica.

Mr. Williams' case, Act, free negroes.

Mr. Sharpe to attend.

Mr. Delafaye writ to.

The Secretary then laid before the Board the case of Mr. Williams of Jamaica, complaining of an Act, passed there in 1730, entituled, An Act for the better regulating slaves, and rendering free negroes and mulattoes more useful, and preventing hawking and pedling, and enlarging the time for the Commissioners collecting the outstanding debts, which was read, and their Lordships gave directions that Mr. Sharpe, who appears in behalf of Mr. Williams, should attend the Board on Tuesday next, and that a letter should be wrote to Mr. Delafaye, agent to Jamaica, to know whether he has anything to offer against the repeal of the said Act.

Their Lordships, taking again into consideration the Order of the Committee of Council concerning Mr. Beake's petition against Wavel Smith, Esq., Secretary of the Leeward Islands, read the 8th inst., gave directions that Lieut. Genl. Mathew, Mr. Beake and Mr. John Sharpe should have notice to attend upon this subject on Wednesday next.