Journal, March 1708: Journal Book M

Journal, March 1708

March 2. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.

Trade.

Letter from Mr. Tresilian for his treatise on herring fishery.

A letter from Mr. Tresilian [L. fo. 408], desiring that his treatise relating to the pilchard and herring fishery may be returned to him by the hands of Mr. Johns, from whom the secretary received it, was read, and directions given for returning the said treatise accordingly.

Carolina.

Maryland.

Order of Council repealing an Act.

Letter to the Proprietors enclosing the same.

An Order of Councill of the 20th of the last month, upon a representation of the 12th of November last, proposing the repeal of an Act past in North Carolina [L. fo. 367], for incouraging the settlement of that country, approving the said representation, was read; whereupon ordered [fo. 71] that the draught of a letter be prepared for inclosing the said order to the Lords Proprietors of that province.

Bermuda.

Order of Council confirming several Acts.

An Order of Councill of the 20th of the last month [L. fo. 284], upon a representation of the 27th of June, 1707, for confirming several Acts past in Bermuda, approving the same, was read.

Order of Council for repealing several Acts.

Another Order of Councill, of the same date with the foregoing, upon the same representation, for repealing several laws past in Bermuda, approving the said representation, was also read.

Leeward Islands.

Referrence from the Earl of Sunderland on the petition of Mr. Duport touching his losses &c.

A letter from the Earl of Sunderland of the 18th of the last month [fo. 72], referring to this Board the petition of Mr. Stephen Duport to her Majesty, praying that he may be a partaker of her Majesty's intended bounty to the inhabitants of Nevis and St. Christopher's who suffered by the late invasion of the French on those islands, was read, and directions given for laying before the Board the former transactions here in relation to the said Duport.

Jamaica.

Reference from Mr. (sic) Earl of Sunderland on the petition of Mr. Whitchurch, complaining of the Governor.

A reference from the Earl of Sunderland upon the petition of Mr. James Whitchurch to her Majesty, complaining of Brigadier Handasyd's having disposed of a negro woman and her children, belonging to the said petitioner, as escheats, and praying relief therein, was read; whereupon ordered [fo. 75] that the said Mr. Whitchurch have notice to attend the Board on Fryday morning next, to prove the allegations in the said petition.

Pensilvania.

Maryland.

Boundaries.

Ordered that the secretary do again write to Mr. Penn to remind him of the letter writ him the 20th of the last month [fo. 63, 72], relating to ye boundaries of Pennsylvania and Maryland; and to acquaint him that unless their lordships hear suddenly from him, they shal be obliged to make their report to her Majesty thereon, without staying any longer.

March 3. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Carolina.

Letter to the Proprietors with an Order of Council repealing an Act.

A letter to the Lords Proprietors of Carolina, inclosing the Order of Councill for repealing an Act past in North Carolina [fo. 69, 124], to incourage the settlement of that country, as directed in yesterday's minutes, was signed.

Barbadoes.

Draught of a report on Act for house rent.

The draught of a representation upon the Act past in Barbadoes for house rent for Mr. Crow [fo. 68, 72], mentioned in the minutes of the 26th of last month, was agreed and ordered to be transcribed.

Trade.

Letter from Mr. Harley with treaty concluded with Dantzig.

A letter from Mr. Harley, when Secretary of State, inclosing the copy of a treaty of commerce her Majesty has lately concluded with the city of Dantzig, was read.

March 4. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.

Barbadoes.

Representation for repealing an Act.

A representation for repealing the Barbadoes Act for house rent for Mr. Crow [fo. 71, 92], together with a letter to the Earl of Sunderland, inclosing the same, as agreed at the last meeting, was signed.

Pensilvania.

Maryland.

Letter from Mr. Penn.

Boundaries.

A letter from Mr. Penn [fo. 70, 98], promising in a short time to give their lordships an account of the proceedings touching the boundaries between Maryland and Pennsylvania, was read.

Leeward Islands.

Mr. Duport about his losses.

A state of Mr. Duport's case to be drawn up.

Mr. Stephen Duport attending [fo. 69, 92], his petition, mentioned in the minutes of the 2nd instant, was again read, as was also a former petition of his in 1698, referr'd to this Board, and his late Majesty and Queen Mary's Orders in Councill thereupon, as likewise an estimate of the value of his estate in 1689, amounting to ten thousand and seven pounds, five shillings; Mr. Duport then presented to their lordships an addition to the said estimate of the value of sugar canes and provisions on his said plantations, amounting to above 1,500l., which was likewise read; and being asked several questions, he said that he was not able to distinguish, what of his effects were sold by the Commissioners of pillage, and what were embezell'd, and that all he recovered of his said effects were only two negroes, which were saved for him by Colonel Hill, then Lieutenant General of the Leeward Islands. And he further said that his wife gave to the Count de Blanac, when he took St. Christopher's 300l., that he (the said Duport) might be permitted to enjoy his estate. That in pursuance of the orders his late Majesty and Queen Mary had granted him, he had sent letters of attorney to Barbadoes, Carolina and Virginia, to recover some of his negroes and other effects that had been disposed of there; but that he had not succeeded therein; whereupon their lordships gave directions for drawing up a state of the case, in order to the forming a report thereon.

Bermuda.

Memorial from Mr. Jones praying a report on the hearing.

Letter to Lord Dartmouth thereupon.

A memorial from Mr. Jones, secretary and provost marshal of Bermuda, praying their lordships to hasten their report to her Majesty [fo. 59, 205] upon the hearing of the complaints made against him by the Councill and Assembly of that island, which was read, whereupon ordered that the secretary write to the Lord Dartmouth, to desire his assistance on Tuesday morning next, in order to the forming a representation upon the said hearing accordingly.

March 5. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Virginia.

Copy of an Order on representation about the tobacco trade.

Copy of an Order of Councill of the 20th of the last month [L. fo. 288], upon a representation of the 1st of July, 1707, touching the tobacco trade, approving the said representation and directing the Lord High Admiral, the Lord High Treasurer, and one of her Majesty's Principal Secretarys of State, to give the necessary directions and instructions thereupon, was read.

Maryland.

Copy of an Order on the representation proposing four new counsellors.

Copy of an Order of Councill of the 15th of the last month [fo. 56], upon a representation 13th February last, proposing four new members of Council in her Majesty's province of Maryland, approving the said representation, was read.

Jamaica.

Mr. Whitchurch &c. at the Board about his petition.

Mr. James Whitchurch and other Jamaica merchants attending [fo. 70, 76], his petition complaining of Brigadier Handasyd having escheated a negro woman and her children belonging to the petitioner (mentioned in the minutes of the 2nd instant), was again read; and being asked if he had any written proofs of the allegations set forth in his petition, he said that he had not, but was ready, if their lordships required it, to put the same into writing; whereupon he was desired to do it, and to present the said proofs to their lordships on Tuesday morning next, which he promised to do accordingly.

Newfoundland.

Mr. Campbell and Woodford with a memorial against Major Lloyd and affidavits in proof thereof.

Mr. Campbell and Mr. Woodford attending [fo. 78], presented to their lordships a memorial in the names of William and Abraham Taverner, merchants, trading to Newfoundland, and of Thomas Menshew and Mary Benger, in behalf of themselves and other inhabitants there [fo. 100, 385], setting forth the hardships and oppressions they have met with from the arbitrary and unwarrantable proceedings of Major Lloyd, commander of the garrison in Newfoundland, was read; they likewise presented to the Board several affidavits to prove the allegations contained in the said memorial, the first of which was also read, and their lordships agreed to take the said memorial and affidavits into further consideration on Wednesday morning next.

March 9. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney.

Newfoundland.

Letter from Mr. Stephens to Mr. Thurston about provisions to be sent.

A letter from Mr. Robert Stephens to Mr. Thurston, of the 5th instant, signifying that the Commissioners of the Victualling Office have received an order from the Navy Board to provide and send to Newfoundland one year's provision for the garrison there, exclusive of malt and hopps, for which they are to allow money as usual, was read.

Jamaica.

Mr. Whitchurch with affidavits to prove his allegations.

Mr. James Whitchurch, Sir Gilbert Heathcote and other Jamaica merchants, attending [fo. 75], the said Whitchurch presented to their lordships two affidavits, the one his own, the other of Thomas Tucker, in proof of the allegations set forth in his the said Whitchurch's petition (mentioned in the minutes of the 5th instant), together with a copy of the inquisition found by the jury the 25th of November, 1706, upon the negro woman and her children belonging to him, which affidavits and proceedings were read [fo. 79], and their lordships agreed to take the same into further consideration on Thursday next.

Newfoundland.

Letter from Capt. Underdown about disposal of provisions sent for three years.

A letter from Captain Underdown, late commodore of the Newfoundland convoy, dated the 4th instant, inclosing a copy of his order to Major Lloyd, commander of the garrison there, whereby he required an account how the provisions sent thither in the years 1705, 1706 and 1707 had been disposed of [fo. 67], and signifying by his said letter that he wanted power to oblige Major Lloyd to give the account required, was read.

Plantations General.

Letter from Mr. Dummer about present state of affairs in the West Indies.

A letter from Mr. Edmond Dummer, of the 5th instant, with a copy of one to himself from Mr. William Button, master of the King William packet boat, dated the 22nd of the last month (in the latitude of 48 and 6 minutes), giving an account of the present state of affairs in the West Indies, were read.

March 10. Present:—Earl of Stamford, Lord Herbert of Cherbury, Mr. Pulteney, Mr. Monckton.

Newfoundland.

Affidavits against Major Lloyd.

Mr. Merret summoned.

The rest of the affidavits presented to the Board by Mr. Campbell, and Mr. Woodward, the 5th instant [fo. 75, 82], in proof of the allegations contained in the memorial touching the arbitrary behaviour of Major Lloyd, commander of the garrison in Newfoundland (mentioned in the minutes of the same day) were read; and thereupon ordered that Mr. Solomon Merret have notice to attend the Board on Fryday morning next.

Letter to Mr. Campbell for persons' names to be summoned.

Ordered that the secretary write to Mr. Campbell [fo. 82] to know the names of such persons and the places of their abode, as he is desirous should be summoned to attend this Board on Monday next, in order to their giving an account to their lordships, of what they know in relation to the said Major Lloyd's ill behaviour.

March 11. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Jamaica.

Whitchurch's petition under consideration.

Act about estates.

Clause of instructions about escheats.

Affidavits and writ of escheats to be sent to Mr. Solicitor General.

Their lordships, taking again into consideration the petition of Mr. James Whitchurch, mentioned in the minutes of the 9th instant [fo. 77], an Act, past in Jamaica in 1698, entituled An Act for confirming and securing titles to estates, "whereby it is enacted that present possessors of lands, tenements, hereditaments, or negroes, who have been five years in quiet and peaceable possession without claim or interruption for the space of five years from the time of such possession, shall for ever after hold the same as an estate of inheritance, against all persons whatsoever that can or may pretend to claim any estate or interest in the said lands, tenements, and hereditaments or negroes," was read; as likewise the clause in Brigadier Handasyd's instructions for the Government of Jamaica, "wherein he is directed not to dispose of any escheats, fines or forfeitures whatsoever, untill upon his having signified to the Lord Treasurer or this Board the nature of the offence, and the occasion of such fines &c., he do receive directions from hence therein"; whereupon ordered [fo. 83] that a copy of the said petition, as also copy of the Act and clause abovementioned, together with the affidavits in proof of the allegations in the petition and writ of escheat, be sent to Mr. Solicitor General, for his opinion thereupon in point of law.

Trade.

Order of the House of Commons for report about trade to Africa.

An order of the House of Commons of the 10th instant, directing this Board to lay before that House a copy of their lordships' representation to her Majesty, dated the 3d of the last month, relating to the trade to Africa, was read; and directions given for transcribing a copy thereof accordingly.

Pensilvania.

Letter from Mr. Chamberlain with memorial about some Germans settled at Pensilvania.

A letter from Mr. Chamberlain, of the 10th instant, to my Lord Herbert, inclosing a memorial from Mr. Ludolph in favour of some Germans settled in Pennsylvania, praying that in case Mr. Penn shall lose that Government or any change shall happen therein, that they may not suffer thereby (as they are threatened), but be permitted to continue and enjoy what they are in possession of in the said province, was read; and their lordships, observing that this memorial was not signed, gave directions that the secretary do send the said memorial to Mr. Chamberlain that Mr. Ludolf may sign the same, and that then it be returned to this office again.

New York.

Reference on Mr. Plowman's petition.

A reference from the Earl of Sunderland of the 8th instant [I. fo. 207; fo. 90], upon the petition of Mathew Plowman to her Majesty, complaining that provisions to the value of six hundred pounds had been taken from him at New York upon the revolution there, without any compensation to him made for the same, and praying relief therein, was read; whereupon ordered that the secretary do lay before their lordships all former transactions relating to the said Plowman.

March 12. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.

Barbadoes.

Sir Robert Davers about a counsellor.

Sir Robert Davers attending, desired that their lordships would recommend Mr. Timothy Salter, his nephew, to be one of the members of her Majesty's Council in Barbadoes on the first vacancy which shall happen there [fo. 109]; whereupon their lordships acquainted Sir Robert Davers that they would take the same into consideration when any such vacancy should fall.

Newfoundland.

Mr. Merret &c. in defence of Major Lloyd.

Mr. Merret attending, according to appointment [fo. 78, 84], and Mr. Latham and Mr. George Tarrant with him, the memorial in the names of William and Abraham Taverner, merchants, and other inhabitants of Newfoundland, relating to Major Lloyd's ill behaviour there (mentioned in the minutes of the 5th instant), was again read; whereupon they denied the matters of fact therein set forth against the said Lloyd.

Letter to Mr. Burchet with heads of inquiry.

The heads of inquiry for the Commodore of the Newfoundland squadron [fo. 67], being laid before the Board, their lordships agreed the same, as also a letter to Mr. Burchet, desiring him to lay the same before his Royal Highness the Lord High Admiral, to be given to the said Commodore accordingly.

Jamaica.

Letter to Mr. Solicitor General with a copy of Mr. Whitchurch's petition &c. for his opinion thereon.

The secretary laid before the Board the draught of his letter to Mr. Solicitor General (directed in yesterday's minutes) [fo. 80, 117], for inclosing a copy of Mr. Whitchurch's petition, and several other papers relating thereto, and desiring to know whether the limitation of five years' possession, mentioned in the Act, sent him among the said papers, does bind the crown; which letter was agreed.

Bermuda.

Memorial from Sir John Bennet in behalf of his brother, in answer to Jones.

Certificate that Col. Bennet had not the profits of the secretary's office.

A memorial from Sir John Bennet, in behalf of his brother the Lieutenant Governor of Bermuda [L. fo. 236], in answer to Mr. Jones's suggestion, that Colonel Bennet had received the profits of his offices; together with a certificate from Mr. Minors, the deputy secretary, affirming that Colonel Bennet had never received any of the profits of the secretary's office, were read.

Barbadoes.

Copy of Mr. Crow's proceeding against Mr. Bushel for [having] retaken an impressed man.

Mr. Johnson, a member of Parliament for Leverpool, attending, communicated to their lordships a copy of the proceedings of Mr. Crow, Governor of Barbadoes [fo. 102], against Mr. William Bushell, commander of the ship Laurell, for having retaken a man impressed from on board his ship, by order of the said Crowe, for which he was imprisoned, but, upon his petition, was afterwards discharged.

March 15. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.

Newfoundland.

Mr. Merry about Major Lloyd's behaviour.

Mr. Merry attending, according to appointment, and being asked what he knew in relation to the state of affairs in Newfoundland [fo. 82, 98], he said that some of the inhabitants were for Major Lloyd, and some against him; but that he thought the generality might be for him. He said that the said Major was very passionate and violent, and had beaten and wounded a poor man with his sword while he was there; that Major Lloyd had lent out the soldiers under his command to the fishery, and particularly to one Mr. Short; that one-third of the fish taken to the northward from the French, which might amount to two thousand pounds, he kept to himself, and said that he would not give any thereof to the soldiers, for that they had got enough by the plunder of cloaths &c.; that the Commodore, Captain Carleton, and the said Lloyd had fitted out one of the prizes taken in the aforementioned expedition, which took another considerable prize.

Letter from Mr. Burchet about the convoy for Newfoundland.

A letter from Mr. Burchet, secretary to his Royal Highness the Lord High Admiral, of the 12th instant, giving an account of the convoys appointed for Newfoundland, was read.

Jamaica.

Letter from the Governor.

A letter from Brigadier Handasyd, Governor of Jamaica, dated the 30th of December last, was read.

Leeward Islands.

Letter from the Governor.

A letter from Colonel Park, Governor of the Leeward Islands, dated the — of December last, was read, and the following paper therein referred to laid before the Board, vizt.:
Paper therein referr'd to.
Minutes of Councill of Antegoa in Assembly from the 24th January, 1706, to the 24th May, 1707.

Whereupon ordered that the instruction mentioned in paragraph F of the foresaid letter, relating to the transmitting hither a list of the inhabitants, be laid before their lordships to-morrow morning.

Barbadoes.

Letter from the Governor.

A letter from Mr. Crow, Governor of Barbadoes, dated the 7th of December last, was read, together with the following papers therein referr'd to, except the three last, which their lordships agreed to take into consideration to-morrow morning.

The papers are as follows:—
Papers therein referr'd to.
Copy of a letter from Colonel Park to Mr. Crow, relating to a French fleet at Martinico and their designs against Barbadoes, dated at Antigua the 17th and 18th of November, 1707.
Proclamation issued by Mr. Crow, requiring all persons in Barbadoes to be prepared for the defence of that island, and to give account of the provisions or ammunition in their custody.
Proclamation issued by Mr. Crow for putting off the Court of Grand Session, and of Oyer and Terminer for the island of Barbadoes.
Declaration issued by Mr. Crow relating to negroes and horses to be furnished for the publick service in case of an alarm.
Mr. Crow's consultation with the captains of her Majesty's ships upon advice of a French squadron of Martinique, and resolutions thereupon.
Agreement with the Indian captains at St. Vincents, the 22nd of October, 1707, for accomodation of such English ships as arrive there.
List of the forces in the island of Barbadoes at the review taken the 22nd of September, 1707.
Account of stores in the magazine at Barbadoes the 17th of November, 1707.
Journal of the sloop Sarah, sent out by Mr. Crow the 2nd of December, 1707, to cruize for intelligence of the enemy's ships.
Journal of the Jane and Elizabeth, sent from Barbadoes to get intelligence of the French fleet at Martinico.
Minutes of the Councills of War held the 26th, 27th and 30th of November, 1707.
Minutes of Councill of the 25th and 26th of November, 1707, upon advice from Colonel Park of the designs of the French against Barbadoes.
Minute of Councill of the 27th of November, 1707.
Minutes of Councill of the 28th, 29th and 30th November, 1707.
Minutes of Councill of the 1st of December, 1707.
Minutes of Councill of the 5th of December, 1707.
Minutes of Assembly of the 25th of November, 1707, upon advice of the design of the French against Barbadoes.
Minutes of Councill in Assembly from the 2nd of August to the 28th of October, 1707, inclusive [fo. 92].
Journal of Assembly, from the 2nd of August to the 28th of October, 1707, inclusive.
Four Acts passed in Barbadoes the 30th of November, 1707.

March 16. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.

Virginia.

Maryland.

Merchants about Acts relating to the gauge of tobacco hogsheads.

Mr. Micaiah Perry and Mr. John Hide, with other Virginia and Maryland merchants, attending [fo. 93], they presented to the Board a memorial in behalf of themselves and other merchants trading to Maryland, complaining of two Acts past in that province, the one intituled,
An Act ascertaining the gauge of tobacco hoggsheads, past the 3d of October, 1704, inserted in the book of Maryland laws (marked No. 16, fo. 35).
The other entituled An Act to prevent cropping, cutting and defacing tobacco taken on board ships and vessells upon freight, past April the 15th, 1707, inserted in another book of Maryland laws (marked No. 18, fo. 58),
which memorial was read; and the said merchants after some discourse agreed that the dimensions of the tobacco hoggsheads in Maryland ought to be upon the same foot as those of Virginia, according to the Act past there in 1706, intituled—
An Act for improving the staple of tobacco and for regulating the size and tare of tobacco hogsheads [fo. 93], inserted in the book of Virginia laws, transmitted by the President and Councill with their letter of the 30th of August, 1706, folio 281.

They added that as to the penalty in the last of the foresaid Maryland Acts, on all such who shall exceed the measure of the cask, as regulated by the said Act, was inconsiderable, for that it does not amount to above six shillings; whereas the penalty imposed on the masters of ships or others who shall deface, cutt or crop the said cask, was too great, it being 3l. for every cask so defaced, and ten times more than is imposed on the original transgressor of the said law; whereupon ordered [fo. 94] that Colonel Blakiston and Colonel Nicholson have notice to attend the Board on Fryday morning next.

New York.

Mr. Plowman and Mr. Lodwick.

Representation to be drawn.

Mr. Plowman attending with Mr. Lodwick [fo. 81, 91], in relation to the reference from the Earl of Sunderland on the said Plowman's petition (mentioned in the minutes of the 11th instant), the minutes of the 14th of December, 1704, whereby it appear'd that the said Lodwick and Mr. Livingston had made good the allegations of Mr. Plowman's petition then referred to the Board, were read; and Mr. Lodwick again confirmed the same; whereupon their lordships gave directions for preparing the draught of a letter to the Earl of Sunderland thereupon.

March 18. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.

New York.

Letter to the Earl of Sunderland on Mr. Plowman's petition.

A letter to the Earl of Sunderland, upon the petition of Mathew Plowman [fo. 90], relating to some provisions taken from him at New York (mentioned in the minutes of the 11th instant), inclosing the copy of a letter to Mr. Secretary Hedges on the same subject, dated the 21st of December, 1704, was signed.

Leeward Islands.

Draught of a letter on petition of Mr. Duport.

Agreed.

The draught of a letter to the Earl of Sunderland on the petition of Mr. Stephen Duport to her Majesty [fo. 72, 93], praying that he may in consideration of his great losses in the Leeward Islands, be a partaker of her Majesty's intended bounty to the inhabitants of Nevis and St. Christopher's, mentioned in the minutes of the 4th instant, was agreed and ordered to be transcribed.

Barbadoes.

Order of Council on representation for house rent.

An Order of Councill of the 5th instant [fo. 72] upon a representation of the 4th ditto, proposing the repeal of an Act past in Barbadoes the 25th of July, 1707, intituled An Act appointing the summe of 500l. to be paid yearly to his Excellency Mitford Crow, Esq., Captain General and Governor-in-Chief of this and other her Majesty's Charribbee Islands, lying and being to windward of Guardaloupa &c., approving the said representation, was read.

Barbadoes.

Minutes under consideration.

Then their lordships took into consideration the minutes of Councill in Assembly in Barbadoes from the 2nd of August to the 28th of October, 1707 [fo. 88, 97], and made some progress therein.

March 19. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Leeward Islands.

Letter to the Earl of Sunderland on Duport's petition.

A letter to the Earl of Sunderland on the petition of Mr. Stephen Duport [fo. 92], as agreed at the last meeting, was signed.

Maryland.

Memoriall against two Acts.

Their lordships then taking into consideration the memorial from the merchants trading to Maryland [fo. 89], touching two Acts past in that province, mentioned in the minutes of the 16th instant.

Virginia.

Act about gauge of hogsheads.

An Act past in Virginia, 1706 [fo. 90, 96], intituled An Act for improving the staple and for regulating the size and tare of tobacco hoggsheads. (inserted in the book of Virginia laws, folio 281), was read; wherein it was enacted that the size of tobacco hoggsheads to be made and shipt off in that colony are to be 48 inches in length and 30 inches diameter in the head; and that whatsoever person shall offend therein, by shipping any tobacco in hoggsheads of a greater dimension than is before expressed, shall for every such hoggshead made or shipt off, forfeit and pay the summe of 500lb. of tobacco.

Maryland.

Col. Blakiston at the Board about the two Maryland Acts relating to gauge of hogsheads, and cropping, cutting tobacco hogsheads.

And Colonel Blakiston attended according to appointment [fo. 90], where the two following Acts of Maryland [fo. 89, 96], were read, vizt.:
An Act ascertaining the gauge of tobacco hoggsheads, past the 3d of October, 1704.
An Act to prevent cropping, cutting and defacing tobacco taken on board ships and vessels upon freight—past April the 15th, 1707.
and his opinion being asked whether the gauge of the tobacco hogsheads as regulated by the first of the foregoing Acts ought not to be reduced to the same size as those in Virginia, and whether the penalty of one hundred pounds of tobacco imposed by the said law ought not in reason to be raised to five hundred pounds of tobacco, as mentioned in the Virginia law; he agreed thereunto.

As to the last of the said laws, he said that the penalty of three pounds sterling upon all such masters as shal deface, cut or crop any tobacco hoggsheads, taken on board their ships, was very high; and that therefore the said penalty ought in his opinion to be reduced and made equal to the value of 500lb. of tobacco, as in Virginia.

Draught of representation to be prepared for confirming the Virginia Act and repealing the two Maryland Acts.

Whereupon their lordships gave directions for preparing the draught of a representation to her Majesty for confirming the aforesaid law past in Virginia, and for repealing the other two laws past in Maryland [fo. 97], proposing that the Governor be directed to move the Assembly of the said province of Maryland to pass a new Act conformable to that of Virginia.

Col. Nicholson at the Board.

Colonel Nicholson also attending in relation to the foregoing Acts [fo. 90], said the same thing as Colonel Blakiston had done.

Maryland.

Col. Seymour to be writ to about two clauses in the Act for preventing cropping &c. that he explain them.

Ordered that in the next letter from the Board to Colonel Seymour, he be desired to explain two clauses in the Act for preventing cropping and cutting tobacco hoggsheads, one of which clauses relates to masters of ships entring into bond in 200l; the other clause imposing a penalty on him of three pounds sterling &c., vizt.:
Whether that in case such masters defacing or suffering any hoggsheads of tobacco to be defaced, as is expressed in the said Act, he shall be liable to the forfeiture as well of the 200l., for which he gave bond, as of the three pounds sterling before mentioned.

March 22. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney.

Virginia.

Maryland.

Draught of a representation for confirming an Act about gauge of tobacco hoggsheads and repealing two Acts of Maryland.

The draught of a representation for confirming an Act past in Virginia in 1706 [fo. 93, 97], intituled An Act for improving the staple and for regulating the size and tare of tobacco hogsheads, and for repealing two other Acts past in Maryland, the titles whereof are as follows, vizt.:
An Act ascertaining the gauge of tobacco hogsheads, past the 3rd October, 1704 [fo. 94, 97].
An Act to prevent cropping, cutting and defacing tobacco taken on board ships and vessels upon freight [ibid.], past the 15th of April, 1707,
which said draft of a representation was agreed, and ordered to be transcribed.

Barbadoes.

Minutes of Councill.

Then their lordships proceeded in the consideration of the minutes of Councill in Assembly in Barbadoes from the 2d of August to the 28th of October, 1707 [fo. 92, 99] (mentioned in the minutes of the 18th instant), and went through the same.

Minutes of Assembly under consideration.

Their lordships then took into consideration the minutes of Assembly of Barbadoes for the same time, and made some progress therein.

March 23. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Virginia.

Maryland.

Representation on Acts about gauge of tobacco hogsheads &c.

A representation proposing the confirmation of an Act past in Virginia in 1706, as likewise the repeal of two other Acts past in Maryland [fo. 95, 115], touching the gauge of tobacco hogsheads, and the cropping, cutting and defacing tobacco, as agreed at the last meeting, together with a letter to the Earl of Sunderland, inclosing the same, were signed.

Newfoundland.

Memorial from Mr. Merret in behalf of Major Lloyd.

Letter to Mr. Campbell for the Articles of complaint intended against Lloyd.

A memorial from Mr. Solomon Merret, in behalf of Major Lloyd, commander of the garrison at Newfoundland [fo. 84], praying that he may have a particular of the complaints exhibited against the said Lloyd, as also copies of the affidavits relating thereto, was read; whereupon ordered that a letter be writ to Mr. James Campbell [fo. 132], to acquaint him that their lordships do expect, in order to have the matter of the said complaints further examined, that he should lay before them such articles wherewith they do intend to charge the said Lloyd for any misbehaviour by him committed.

Maryland.

Pennsylvania.

Letter to Mr. Penn.

Boundaries.

Ordered that a letter be writ to Mr. Penn [fo. 103] to acquaint him that their lordships have long expected his attendance at this Board, in relation to the settlement of the boundaries between the provinces of Maryland and Pennsylvania [fo. 72], and that unless he do speedily dispatch what he may have to offer on that subject, they cannot longer defer their report to her Majesty thereupon.

Barbadoes.

Minutes of Assembly considered.

Their lordships then entred on the further consideration of the minutes of Assembly of Barbadoes from the 2nd of August, 1707, to the 28th of October following [fo. 97] (mentioned in yesterday's minutes), and went through the same.

Plantations General.

Accounts of money raised by Assemblies in the plantations to be inspected.

My Lord Herbert acquainted their lordships that at the desire of this Board he had spoken to the Lord High Treasurer upon that clause in the commission to this Board, directing their lordships " To require an account of all moneys given for publick uses by the Assemblies in her Majesty's plantations, and how the same are and have been expended and laid out"; and that the Lord Treasurer answered, that he should be glad this Board would look into the said accounts.

Trade.

Memorial from Bruxells &c.

The secretary laid before their lordships a memorial from the Councill of State at Bruxells, relating to commerce between Great Britain and the Spanish Netherlands, together with several papers relating thereto.

March 24. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Plantations General.

Letter to Mr. Lowndes for a copy of Mr. Blathwayt's patent and instructions for Auditor General.

Ordered that a letter be writ to Mr. Lowndes [fo. 113] upon that clause in the commission to this Board, relating to an account of all moneys given for publick uses by the Assembly's in her Majesty's plantations &c. (mentioned in yesterday's minutes), to move my Lord High Treasurer, that their lordships may have a copy of the patent appointing Mr. Blathwayt Auditor General of her Majesty's plantations in America, as likewise a copy of the said auditor's instructions.

Newfoundland.

Mrs. Benger &c. about her right to Pool Plantation.

State of her case and affidavit.

Capt. Cleasby's affidavit.

Minshew and Taverner's affidavits.

Capt. Cleasby's account of Mr. Kirk, who claims the foregoing Plantation.

Mrs. Benger's case sent to Mr. Merret.

Mrs. Benger, with Captain Cleasby and Mr. Woodford attending [fo. 46], in relation to the petition from her husband and self to her Majesty, referred to this Board the 22nd of January, 170⁷/8, touching their being unjustly dispossessed of a plantation in Newfoundland (mentioned in the minutes of the 5th instant), she presented to their lordships a state of her case, together with an affidavit in proof of the allegations in the said petition, and of their right and title to the said plantation, which case and affidavit were read, as likewise an affidavit of Captain Cleasby to the same effect. There were read part of the affidavit of Mr. Thomas Minshew, together with part of the affidavit of Abraham Taverner, both marked B in the margents of the said affidavits (and mentioned in the minutes of the —) confirming the said Bengers being dispossessed of the plantation aforesaid; and Captain Cleasby said that Mr. Kirk, who now claims the above plantation as heir at law, is an ideot, so that he beleives Major Lloyd had put the said Kirk upon claiming a right to the said plantation, in order to his buying it for a small sume of money. Whereupon ordered that a copy of the state of Mrs. Benger's case be sent to Mr. Merret for his answer [fo. 104], if he have anything to offer thereupon.

Jamaica, Barbadoes, Leeward Islands, and Bermuda.

Letters to the Governors.

The draughts of letters to the Governors of Jamaica, Barbadoes, Leeward Islands and Bermuda, were agreed and order'd to be transcribed.

Jamaica.

Minutes under consideration.

Then their lordships took into consideration the minutes of Councill of Jamaica, from the 28th of May, 1707, to the 26th of November following [fo. 34], and made some progress therein.

March 25. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Jamaica.

Minutes of Council.

Their lordships then entred on the further consideration of the minutes of Councill of Jamaica from the 28th of May, 1707, to the 26th of November following [vide supra] (mentioned in yesterday's minutes), and went through the same.

Antego.

Minutes of Council in Assembly.

Their lordships also took into consideration the minutes of Councill in Assembly of Antego, from the 14th July, 1706, to the 13th of January, 1706/7, and went through the same.

Barbadoes.

Proceedings against Capt. Bushel.

A copy of the proceedings of Mr. Crow, Governor of Barbadoes, against Mr. William Bushell, commander of the ship Lawrel [fo. 84, 106], for having retaken a man impressed from on board his ship by order of the said Mr. Crow, for which he was imprisoned, but upon his petition was afterwards discharged (mentioned in the minutes of the 12th instant), was read. And the same being not regularly before their lordships, nothing further was done therein.

Jamaica.

Leeward Islands.

Counsellors.

Ordered that a letter from Brigadier Handasyd, Governor of Jamaica, of the 29th of August, 1707 [L. fo. 347; fo. 117], as also the letter from Colonel Park, Governor of the Leeward Islands, of the 4th of August, 1707 [ditto, fo. 350], relating to the want of counsellors for those islands, be laid before the Board to-morrow morning.

Jamaica.

Barbadoes.

Leeward Islands.

Bermuda.

Letters to the Governors.

Letters to the Governors of Jamaica, Barbadoes, the Leeward Islands and Bermuda [fo. 102], agreed yesterday, were signed.

March 29. Present:—Earl of Stamford, Lord Herbert of Cherbury, Mr. Pulteney.

Pennsylvania.

Maryland.

Letter from Mr. Penn about boundaries.

Answer.

A letter from Mr. Penn [fo. 98, 104], signifying that by reason of his restraint, he had not been able to attend the Board, and therefore desired their lordships to give him a month's time, was read; whereupon ordered [fo. 103], that a letter be writ to Mr. Penn to let him know that the Board will give him time till Monday, the 26th of April next, at which time he is not to fail to come.

Lord Baltimore acquainted therewith.

Ordered that the Lord Baltimore have also notice thereof.

Newfoundland.

Letter from Mr. Merret about Mrs. Benger.

A letter from Mr. Solomon Merret, in answer to one writ him the 24th instant, inclosing a copy of Mrs. Benger's case [fo. 101, vide infra], signifying that he had nothing to say thereupon, was read. Whereupon their lordships resolved to take Mrs. Benger's petition into consideration to-morrow morning.

March 30. Present:—Earl of Stamford, Lord Herbert of Cherbury, Mr. Pulteney.

Newfoundland.

Benger's petition.

Representation thereupon.

Their lordships took into consideration the petition and case of Mrs. Benger mentioned in yesterday's minutes [vide supra, fo. 105], together with several affidavits &c., relating thereto, and gave directions for preparing the draught of a representation there upon.

March 31. Present:—Earl of Stamford, Lord Herbert of Cherbury, Mr. Pulteney.

New York.

New Jersey.

Commissions directed for a new Governor.

A letter from the Earl of Sunderland, of the 28th instant, desiring this Board to prepare the draughts of commissions and instructions, for the Lord Lovelace to be Governor of her Majesty's provinces of New York and New Jersey [fo. 109, 110], was read, and directions given for preparing the same accordingly.

Newfoundland.

Draught of a representation on Mrs. Benger's case.

The draught of a representation ordered yesterday to be prepared upon the petition of Mrs. Benger [fo. 104, 107], was read and ordered to be transcribed.

Bahamas.

Memorial touching the Spaniards design to settle on Providence.

Letter to be sent to the Earl of Sunderland thereupon.

Mr. Graves attending, with Mr. Wigington, lately arrived from Carolina, the said Wiginton presented to their lordships a memorial giving an account of the designs of the Spaniards to settle themselves on Providence, one of the Bahama Islands, which was read; and thereupon ordered [fo. 107], that a letter be prepared, wherewith to transmit a copy of the said memorial to the Earl of Sunderland, as also a copy of the representation of this Board, dated the 17th of June, 1707 [L. fo. 264], relating to the securing those islands, and to the state thereof.

Barbadoes.

Affidavit relating to Mr. Bushell's being obliged to touch at Antego &c.

Copy thereof to be sent to Mr. Crow.

Sir Thomas Johnson, member of Parliament for Leverpool, presented to the Board an affidavit of William Bushell and Roger Richardson [fo. 102], relating to the said Bushell's being obliged by the Governor of Barbadoes, to enter into bond of five hundred pounds that his ship the Lawrell, in her voyage thence to this kingdom, should touch at some of the Leeward Islands, which was read; whereupon their lordships agreed to inclose a copy of the said affidavit in their next letter to Mr. Crow, and to desire to know the reasons of such his proceedings, and why the said bond should not be discharged.