Journal, April 1738
Tuesday, April 11. Present:—Lord Monson, Colonel Bladen,
Mr. Plummer, Mr. Brudenell, Mr. Herbert.
Read the draught of a letter to his Grace the Duke of Newcastle,
together with the draught of a representation to his Majesty,
relative to the commission and instructions of Samuel Horsey,
Esqr., and the same were agreed to and signed.
Read a letter from his Grace the Duke of Newcastle, signifying
his Majesty's having appointed Philip Vanbrugh, Esqr., to be
Governor of Newfoundland, and directing draughts of his commision and instructions to be prepared, in order to be laid before
his Majesty for his approbation.
Read a copy of an order of Council, dated February 15th,
1737/8, approving Mr. Thomas for Deputy Governor of
As also a copy of an order of Council, dated the same day,
directing the Governor of the Leeward Islands or any Lieutenant
Governor there, to administer the oaths to, and take security of Mr.
Thomas, appointed Deputy Governor of Pennsylvania.
A letter was writ by direction of the Board to Mr. Attorney and
Solicitor General, desiring their opinion in relation to his Majesty's
empowering Capt. Vanbrugh, as Governor of Newfoundland, to
erect a court of Oyer and Terminer for the trial of felonies in
Wednesday, April 12. Present:—Lord Monson, Sir. Archer
Croft, Mr. Brudenell, Mr. Plummer, Mr. Herbert, Colonel
The memorial of George Clarke, Junior, Esqr., praying to be
appointed a Councillor at New York, in the room of Mr. Harrison, as
also Mr. Harrison's letter of surrender of his seat at that Board, were
read, and their lordships ordered the draught of a representation
to be prepared accordingly, and the same was agreed to, and signed.
Read a letter from Mr. Cleland, dated January 10th, 1737/8,
inclosing Naval Office Lists of vessels entered and cleared at
Charles Town and George Town in South Carolina, from Midsummer to Christmas, 1737.
Read 2 letters from Mr. Gregory, President of the Council and
Commander in Chief of Jamaica, one dated December 28th,
1737, and the other January 19th, 1737/8, giving a state of the
Council, and signifying his having sworn in two new Councillors.
Mr. Zouberbuhler attending, delivered the copy of a translation
of two letters from his father to him, mentioning some expences
he had been at in South Carolina; and their lordships having
had some discourse with him on the subject of his petition,
mentioned in the minutes of 21st March last, directed a report
to be prepared.
Mr Attorney and Solicitor General attending, delivered it as
their opinion that his Majesty's prerogative extended to the
empowering the Governor of Newfoundland to erect Courts of
Oyer and Terminer for the trial of felons, notwithstanding the Act
of Parliament of the 10 and 11 of King William.
Thursday, April 13. Present:—Lord Monson, Colonel Bladen,
Sir Archer Croft, Mr. Plummer, Mr. Herbert.
Orders of Council.
The Secretary laid before the Board twelve copies of Orders
of Council, and the titles of the same were read.
Read a letter to his Grace the Duke of Newcastle, enclosing
the instructions for Philip Vanbrugh, Esqr., Governor of Newfoundland, and a representation thereupon to his Majesty, and
the said letter and representation were agreed to, and signed.
The Board resolved to take into consideration the affair of
the boundaries between Rhode Island and Massachusets Bay,
on Tuesday the 25th instant, and directed that notice thereof
should be given to Mr. Paris and Mr. Sharpe.
Ordered that a letter be writ to Mr. Yeamans, to desire his
attendance at this Board, Tuesday next, upon the Act of the
Attainder of the two Blacks at Antigua.
The Secretary read to the Board a letter writ by him to the
Secretary of the Admiralty, enclosing the usual heads of enquiry,
relating to the fishery at Canço, and desiring him to lay them
before the Lords Commissioners of the Admiralty for their
lordships' direction thereon.
The Board took into consideration the memorial of Mr. Wimble,
relative to his loss of the Rebecca Brigantine, and having had some
discourse with him upon the subject, deferred the further
consideration to another opportunity, at his own request.
Friday, April 14. Present:—Lord Monson, Mr. Pelham,
Mr. Plummer, Colonel Bladen, Mr. Brudenell.
The Board took into consideration the state of the province of
North Carolina, and made some progress therein.
The draught of a letter to his Grace the Duke of Newcastle,
enclosing draughts of general instructions, and of those relating
to the Acts of Trade and Navigation for Lewis Morris, Senior, Esqr.,
as also the draught of a representation to his Majesty thereupon,
were agreed to, and signed.
Mr Yeamans appearing, desired the Board would please to
postpone his attendance, which by the minutes of yesterday
was appointed for Tuesday next, to that day sennight, which
request the Board was pleased to comply with.
The Secretary was directed to write a letter to Mr. McCulloch
desiring his attendance at the Board on Tuesday next.
Tuesday, April 18. Present:—Lord Monson, Colonel Bladen,
Sir Archer Croft, Mr. Brudenell, Mr. Plummer.
Read a memorial from Mr. Noden, agent for Bermuda, praying
to be heard against an Act, passed in New York, laying a heavy
duty on Tonnage, which Act affects the trade and navigation of
that island, and their lordships were pleased to appoint Wednesday 26th for that affair, and directed letters should be writ to
Mr. Noden and Mr. Leheup, to desire their attendance on that day.
Mr. McCulloch attending, the Board had some discourse with
him, relative to the Blank Patents in North Carolina, and having
taken the same into consideration, made some progress therein.
Wednesday, April 19. Present:—Lord Monson, Colonel
Bladen, Mr. Ashe, Mr. Plummer, Mr. Herbert.
Mr. McCulloch again attending, their lordships had under
their consideration the affair of the North Carolina Blank Patents
and Quit Rents, and made some further progress therein.
Thursday, April 20. Present:—Lord Monson, Colonel Bladen,
Mr. Ashe, Mr. Plummer.
The Board took again into consideration the affair of North
Carolina, mentioned in the minutes of yesterday, and made some
further progress therein.
Read a letter from Mr. Mathews, Governor of the Leeward
Islands, giving an account of the taking of an English Sloop by
a French Garde de Coste, together with the copy of a letter to
him from the Governor of St. Eustatia on the same subject,
and the Board directed that copies of the said letter should be
transmitted to the Duke of Newcastle, in a letter to his Grace,
which was accordingly prepared and signed.
Friday, April 21. Present:—Lord Monson, Mr. Ashe, Mr.
Plummer, Mr. Herbert.
Read a letter from Mr. Tigh, Consul at Elsinore, dated December
31st, 1737, transmitting ten several lists of the ships of all nations
that have passed and repassed the Sound from the year 1733 to
1737, and the Board directed the Secretary to acknowledge the
receipt of his letter, and likewise to satisfy the demand he makes
of the charge he has been at.
The draught of a report to the Lords of the Committee of
Privy Council, in answer to an order of their lordships, referring
back the petition of Mr. Zouberbuhler, was agreed to, and
Read two letters from Mr. Dottin, President of Barbados, one
dated Aug. 20th, 1737, transmitting public papers, and remarking
a difference between his 46th Instruction and an Act of the Island
of 1708, about paying the expence of the grand Session; the
other, dated 24th 1737/8, with public papers and remarks on an
Act for raising a public supply and on another, for defraying the
expence of the grand Session, passed in 1719; and the Board
agreed to take the said letters into consideration another
opportunity, and in the mean time ordered the Acts should be
sent to Mr. Fane, for his opinion thereon.
Tuesday, April 25. Present:—Lord Monson, Colonel Bladen,
Mr. Brudenell, Mr. Plummer, Mr. Ashe.
Mr. Wilks, Agent for the province of Massachusets Bay,
attending with the Solicitor General and Mr. Noel, his Counsel, and
Mr. Sharpe his Solicitor, and likewise Mr. Partridge, agent for
Rhode Island, with Mr. Clarke and Mr. Murray, his Counsel, and
Mr. Paris, his Solicitor, as appointed by the minutes of Thursday
the 13th instant, their lordships took into consideration the
petition of the Governor and Company of Rhode Island to his
Majesty, relating to the Bounds betwixt that colony and
Massachusets Bay, referred to this Board by an Order of the
Lords of the Committee of Council, dated January 13th, 1734/5,
(and read March 25th, 1735), and having heard Counsel on both
sides, adjourned the further hearing to Thursday next.
Wednesday, April 26. Present:—Lord Monson, Colonel
Bladen, Mr. Ashe, Mr. Plummer, Mr. Herbert.
Mr. Noden attending, as desired in the minutes of the 18th
instant, together with Mr. Paris, in behalf of the inhabitants of
Bermuda, complaining of an Act, passed in New York, relating to
Tonnage; and George Clarke, Junior, Esqr., on the behalf of New
York, the Board had some discourse with them, and after hearing
their several reasons, the further consideration was postponed,
till Mr. Clarke should procure further information from New York,
relative to that affair.
Lord Fairfax attending, desired that the Board would please
to appoint a day for the hearing the matter in dispute relating
to the Northern Neck in Virginia, and the Board was pleased to
order that notice thereof should be given to the agent for Virginia,
in order for agreeing on a time convenient to both parties.
The Board had again under consideration the affair of the
Blank Patents and Quit Rents in North Carolina, and made a
further progress therein.
Thursday, April 27. Present:—Lord Monson, Colonel
Bladen, Mr. Brudenell, Mr. Ashe, Mr. Plummer, Mr. Herbert.
Mr. Kirby attending, with Mr. North, his Solicitor, in behalf
of the two Blacks, Benjamin Johnson and William, alias Billy,
Johnson, mentioned in the minutes of January 17th, and Mr.
Yeamans, agent for Antigua, together with Mr. Sharpe, his
Solicitor, in behalf of the Bill of Attainder passed against the said
Negroes, the Board heard what both sides had to offer, and
deferred the further consideration of the affair to another
Friday, April 28. Present:—Lord Monson, Colonel Bladen,
Mr. Plummer, Mr. Brudenell, Mr. Ashe.
The agent for the province of Massachusets Bay and the agent
for Rhode Island attending, with their Counsel and Solicitors,
as mentioned in the minutes of Tuesday the 25th, the Board
after having heard the reply of the Council for Rhode Island,
took the several pleadings into consideration, and gave directions
for preparing the draughts of a report thereupon.