Journal, June 1714: Journal Book Q

Journals of the Board of Trade and Plantations: Volume 2, February 1709 - March 1715. Originally published by His Majesty's Stationery Office, London, 1925.

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'Journal, June 1714: Journal Book Q', in Journals of the Board of Trade and Plantations: Volume 2, February 1709 - March 1715, (London, 1925) pp. 538-550. British History Online https://www.british-history.ac.uk/jrnl-trade-plantations/vol2/pp538-550 [accessed 24 March 2024]

Journal, June 1714

June 1. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Sharp, Mr. Pytts.

Trade.

Fishery.

Their lordships resumed the consideration of several papers relating to the fishery of this kingdom [fo. 220], and made a further progress therein.

June 2. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Pytts.

Virginia.

O. 159.

Trade.

Order of House of Lords.

Bill about tobacco trade.

An Order of the House of Lords, of the 1st instant, transmitting the copy of a Bill for incouraging the tobacco trade [fo. 223], and requiring the Board's opinion of the tobacco trade, was read, and directions given for preparing an answer to the said order.

Mr. Perry and Captain Hyde.

Brief account of tobacco trade.

Virginia O. 160.

Then Mr. Richard Perry and Captain Hyde attending, they presented to their lordships a brief account of the present state of the tobacco trade [fo. 222, v. infra], and of the Bill sent up by the House of Commons to the House of Lords, relating thereto, which was read; and after some discourse with them upon this subject, these gentlemen promised to attend their lordships again to-morrow morning.

June 3. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Moore, Sir John Hynde Cotton, Mr. Pytts, Mr. Vernon.

Virginia.

Trade.

Mr. Perry and other merchants.

Act about tobacco trade.

Mr. Richard Perry and other Virginia merchants attending, their lordships took again into consideration the Bill (mention'd in yesterday's minutes), entituled An Act for incouraging the tobacco trade [v. supra, 224], and these gentlemen being asked if they had any objections to it, they said that they could have wish'd the clause for locking up the tobacco in warehouses had not been in it, however they wou'd not now object to it.

Abstract of the Bill.

That by reason of the high duties, the difficulty in giving security, and for want of proper encouragements there had lain, for about 20 months last past, several ships in the river of Thames with between 6,000 and 7,000 hogsheads of tobacco on board, the proprietors or their agents not having been able to comply with the law as it now stands. After some further discourse with these gentlemen, their lordships order'd that an abstract of the said Bill be made, and laid before the Board to-morrow morning.

June 4. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Moore, Sir John Hynde Cotton, Mr. Pytts, Mr. Sharp, Mr. Vernon.

Virginia.

Trade.

Tobacco.

Report to House of Lords.

The draught of a report to the House of Lords [fo. 223, 225], in answer to their lordships’ order of the 1st, and mention'd in the minutes of the 2nd instant, relating to the tobacco trade, was agreed and ordered to be transcribed.

Trade.

Spanish merchants.

Memorial.

N. 140.

Spanish duties and book of rates.

Sir William Hodges, Mr. Chapman, Mr. Weyland, Mr. Roe, Mr. Nodin and other Spanish merchants attending [fo. 221, 226], they presented to their lordships a memorial, pursuant to the minutes of the 27th of the last month, relating to the duties on importation and exportation; to the millones, to commissarys for settling the book of rates, the place of their meeting, and to conservators, which was read; and their lordships agreed to meet to-morrow morning to consider further on those matters.

June 5. Present:—Lord Guilford, Mr. Monckton, Mr. Moore, Mr. Sharp, Mr. Pytts, Mr. Vernon.

Trade.

Virginia.

Report to House of Lords.

Tobacco trade.

Entry F. 34.

A report to the House of Lords, in answer to their lordships’ order of the 1st instant [fo. 224], mention'd in yesterday's minutes, relating to the tobacco trade, was sign'd, and the Lord Guilford being desired to present the same to the House, his lordship went with it accordingly.

Trade.

Spain.

Instructions for Lord Bingley.

Then their lordships made a progress in the consideration of instructions to be given the Lord Bingley relating to commerce with Spain [fo. 225, v. infra].

June 8. Present:—Sir Philip Meadows, Mr. Monckton, Mr. Moore, Sir John Hynde Cotton, Mr. Sharpe, Mr. Pytts, Mr. Vernon.

Trade.

Spain.

N. 141.

Letter from Lord Bolingbroke.

Instructions for Lord Bingley.

A letter from the Lord Viscount Bolingbroke, of the 5th instant, requiring the Board's immediate dispatch of what they have to offer in relation to the trade with Spain [v. supra, 227], to be given as instructions to the Lord Bingley, appointed ambassador to his Catholick Majesty, was read.

Trade.

Mr. Mead about comissaries in Spain.

Entry I. 251.

Then Mr. Mead attending the Board, he offer'd to their lordships his service to be imploy'd as one of the commissaries for settling a book of rates in Spain and other matters relating to commerce there, if her Majesty should think fit.

Entry I. 251.

Letter to Lord Bolingbroke.

After which, their lordships agreed the draught of a letter, in answer to that abovemention'd from the Lord Viscount Bolingbroke [fo. 226, 228], and ordered the same to be transcribed.

Trade.

Hudson's Bay.

Mountserrat.

Letter from Lord Viscount Bolingbroke.

Matters referr'd to commissaries &c.

Trade Entry I. 258.

Bund. N. 143.

A letter from the Lord Viscount Bolingbroke, dated this day, relating to the regulation of the limits of the Hudson's Bay Company, and other matters referr'd to commissaries by the 10th, 11th and 15th articles of the late Treaty of Peace with France, and requiring the Board to consider of the properest method for appointing commissaries and determining the points in dispute, which are to be regulated on the spot in America, was read; and their lordships resolved to proceed in the consideration thereof to-morrow morning.

June 9. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Moore, Sir John Hynde Cotton, Mr. Sharp, Mr. Pytts, Mr. Vernon.

Trade.

Spain.

Entry I. 251.

Lord Bingley's instructions.

Letter to Lord Bolingbroke.

A letter to the Lord Viscount Bolingbroke, agreed yesterday, in answer to his lordship's letters [fo. 227, 258] relating to instructions to be given the Lord Bingley, appointed ambassador to Spain, was sign'd.

Pennsylvania.

Plantations General.

Order of committee for hearing appeals.

Temporary laws.

Letter to Mr. Attorney General.

An order of the lords of the committee for hearing appeal from the plantations, dated the 5th instant [fo. 309], pursuant to an Order of Council of the 21st of April last, upon a report from a committee of the whole Council, dated the 20th of March, upon a representation of this Board, dated the 15th of January, 1713/14, relating to several Acts of Pennsylvania, was read, together with copies of the said several papers; and the said order of the committee for hearing appeals requiring the Board to examine and report by what grants or authorities, several of her Majesty's plantations do claim a power of making temporary laws, so as to be able to evade her Majesty's prerogative of repealing such laws, as may be thought unfit to be confirm'd; their lordships gave directions for sending copies of the said several orders and other papers to Mr. Attorney General for his opinion thereupon [fo. 270, 308].

June 10. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Moore, Mr. Sharpe, Mr. Pytts.

Trade.

Portugal.

Letter from Lord Viscount Bolingbroke.

Treaty of Commerce.

Clause about wines.

Answer.

A letter from the Lord Viscount Bolingbroke, of the 5th instant [fo. 220, 237], desiring to know the reasons which induced the Board to leave the 4th article of a former project of a Treaty of Commerce with Portugal, sent his lordship the 20th of November last, relating to wines, out of the draught of a Treaty of Commerce with that kingdom, transmitted to his lordship the 27th of May, was read; and directions given for preparing an answer thereto.

Jamaica.

Sir Charles Orby, &c.

Act about Kingston.

Colonel Laws, Mr. Thurston.

Attorney General's report.

Hearing appointed.

Sir Charles Orby, Colonel Long and others [fo. 216, 232], who solicit the repeal of an Act pass'd in Jamaica the 18th of February, 1713/14, intituled An Act for the more effectual relief of the freeholders and inhabitants of Kingston, and Colonel Laws, Mr. Thurston and others, who desire the confirmation of the said Act, attending, Mr. Attorney General's report thereupon was read; and after some discourse with these gentlemen, their lordships were pleased to order a copy of Mr. Attorney's report to be given each party, and that they be heard by their council at this Board in relation to the said Act [fo. 242], at ten of the clock on Tuesday morning next.

June 11. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Sir John Hynde Cotton, Mr. Pytts, Mr. Vernon.

Trade.

Mr. Clement.

Fishmongers’ petition.

Proposal from Mr. Clement.

Remonstrance from merchants.

Drawback prejudicial.

Mr. Clement and several Fishmongers attending [fo. 220, 232], the reference from Mr. Secretary Bromley upon the petition of the Fishmongers, mentioned in the minutes of the 28th of the last month, was read, as likewise a proposal from Mr. Clement relating to the fishery, and a remonstrance from several merchants in support of the Fishmongers’ said petition; and in discourse at the Board, Mr. Clement and the Fishmongers declared their opinion that the drawback allow'd for the exportation of fish was an incouragement to the ill curing of it.

Account of Acts about the fishery.

After which, their lordships desired Mr. Clement to give them an account of the several Acts of Parliament relating to the fishery, and of such directions therein as are not comply'd with.

Jamaica.

Mr. Hill.

Sir Charles Orby.

Act about Kingston.

Hearing adjourn'd.

Mr. Hill attending, in behalf of Sir Charles Orby [fo. 230], who sollicits the repeal of an Act lately passd in Jamaica, relating to the town of Kingston, mention'd in yesterday's minutes, and desiring that the hearing appointed for Tuesday next upon the said Act may be put off to Tuesday, the 22nd instant; their lordships were pleased to consent to it, and gave directions that Mr. Thurston (agent to the Lord Archibald Hamilton), who appears in behalf of the said Act, have notice thereof.

June 14. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Pytts, Mr. Vernon.

Trade.

Fishery.

Their lordships made a further progress in considering several papers before them, relating to the fishery of this kingdom [fo. 231].

June 15. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Moore, Mr. Sharpe, Mr. Pytts, Mr. Vernon.

Trade.

Fishery.

Mr. Sleford's remarks on Mr. Taverner's proposal.

Letter to Commissioners of Salt Office.

Drawbacks.

Mr. Sleford attending, presented to their lordships his remarks upon Mr. Taverner's proposal concerning the fishery [fo. 127], which were read, and after some discourse with Mr. Sleford thereupon, directions were given for preparing a letter to the commissioners for the duties upon salt [fo. 241], to desire an account of the drawbacks upon salt, for seven years last past.

Nova Scotia.

Colonel Vetch to attend.

The Board being acquainted that Colonel Vetch, late Lieutenant Governor of Annapolis Royal in Nova Scotia, is arrived from those parts, and had been to wait on their lordships, ordered that he have notice of their lordships’ desire to speak with him on Thursday morning next.

June 16. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Sharpe, Mr. Pytts, Mr. Vernon.

Jamaica.

Letters from Lord Archibald Hamilton.

Answer.

Several letters from the Lord Archibald Hamilton, Governor of Jamaica, to the Board, were taken into consideration, and those from his lordship of the 11th of July, 3rd of August and 27th October, 1713 [fo. 93, 239] (mention'd in the minutes of the 19th of January last), were again read, and directions given for preparing an answer thereto.

Another letter from his lordship.

Then the letter from the Lord Archibald Hamilton, of the 26th of December, 1713, was read, and the papers therein referr'd to laid before the Board, vizt.:
An account of some of the many grievances of Jamaica &c.
A list of Bills past in the Assembly of Jamaica in December, 1713.
Abstract of the journal of the Council and minutes of the Assembly of Jamaica, from the 26th of November, 1713, to the 23rd December following, both inclusive.

A letter from the Lord Archibald Hamilton, of the 22nd of March, 1713/14, was likewise read, and the several papers and Acts therein referr'd to laid before the Board, vizt.:
Naval officers’ list of ships entred and cleared, from 25th of March, 1712, to 29th of September, 1713.
A list of the militia in Jamaica the 1st of January, 17113/14.
Minutes of Council, from the 26th of November, 1713, to 20th Feburary, 1713/14.
Minutes of Assembly, from the 26th of November, 1713, to the 20th of February, 1713/14.
Acts pass'd in December, 1713, and February, 1713/14.
An Act for regulating the ministers of Jamaica, 1713/14.
Copy of an Act for applying a sum not exceeding 1,200l. currant mony of Jamaica, to make good 900l. sterling, for the soliciting the passing of laws and other publick affairs of this island in Great Britian for three years, pass'd the 15th December, 1713.

His lordship's letters to be reconsider'd.

Whereupon their lordships resolved to take the Lord Archibald Hamilton's two last mention'd letters into further consideration to-morrow morning.

Trade.

Mr. Sleford.

Amendment to his proposal.

Fishery.

Mr. Sleford attending, presented to their lordships an amendment he desired might be made to his proposal relating to the fishery [fo. 197], mentioned in the minutes of the 4th of May last.

Newfoundland.

Mr. Jacqueau.

Memorial about the fishery, and his pension.

Mr. Jacqueau likewise attending [fo. 204], presented to the Board a memorial relating to the fishery of Newfoundland, together with a petition praying that the pension formerly allow'd him for his publick services may be continu'd, and their lordships resolved to take the same into consideration with the other papers now before the Board relating to the fishery.

June 17. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Moore, Mr. Sharpe, Mr. Pytts.

Trade.

I. 262.

Portugal.

Letter to Lord Viscount Bolingbroke.

4th article of Treaty of Commerce.

A letter to the Lord Viscount Bolingbroke, in answer to his lordship's of the 5th instant, desiring the Board's reasons for omitting the 4th article in the draught of a Treaty of Commerce with Portugal [fo. 229, 239], transmitted to his lordship the 20th of November last in the draught laid before his lordship the 7th of May, was signed.

Nova Scotia.

Colonel Vetch.

Cape Breton.

Colonel Vetch attending, as he had been desired, and being asked several questions in relation to Nova Scotia and Cape Breton, he said that as to Nova Scotia, there were no English settlements but at Annapolis; and in relation to Cape Briton, that coast is 40 or 50 leagues in length, where a good settlement may be made; that the French are fortifying three places there; and that the best fishing in America is at Cape Britton, he himself having seen 60 or 70 boats fishing there at a time. Whereupon, Colonel Vetch was desired to put what he had to offer upon these subjects into writing, which he promised to do accordingly.

June 18. Present:—Lord Guilford, Mr. Monckton, Mr. Sharpe, Mr. Pytts.

Hudson's Bay.

Letter from Mr. Perry.

Damages from the French.

A letter from Mr. John Perry, dated the 3rd instant, relating to the damages done by the French to the Hudson's Bay Company in time of peace [fo. 241], was read; and thereupon ordered that Mr. Perry have notice to attend the Board on Monday morning next.

New England.

Sir Bibye Lake to prove allegations of his petition.

Their lordships, taking into consideration the petition of Sir Bibye Lake [fo. 198], relating to some lands near Kennebeck River in New England (mention'd in the minutes of 5th last month), ordered that Sir Bibye Lake have notice to attend the Board on Monday morning next, with what proofs he may have to offer of the allegations in his said petition.

Trade.

Letter from Lord Bolingbroke.

Report from Sir Nathanael Lloyd.

Consulage at Lisbon.

Merchants summon'd.

A letter from the Lord Viscount Bolingbroke, of the 13th instant [fo. 237], with the copy of a report from Sir Nathanael Lloyd, upon a dispute now subsisting between her Majesty's consul at Lisbon and the factory, concerning the consulage between the date of Mr. Shippen's commission and the King of Portugal's confirmation of him, and desiring to know of this Board, what has been the usage in like cases, was read. Whereupon ordered that Sir Samuel Clark, Mr. Milner, Mr. Peter Burren and Mr. Lordel [fo. 244] be desired to attend the Board on Wednesday morning next.

Jamaica.

Letter to Lord Archibald Hamilton.

The draught of a letter to the Lord Archibald Hamilton, Governor of Jamaica [fo. 234, 241], was agreed, and ordered to be transcribed.

June 21. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Pytts, Mr. Vernon.

Jamaica.

Letter from Earl of Orkney.

Mr. Archbould to be of the Council.

A letter from the Earl of Orkney, dated this day, recommending Mr. Archbould to be of the Council of Jamaica, was read; and directions given for preparing a representation to her Majesty [fo. 243], proposing the said Archbould's being appointed of her Majesty's said Council accordingly.

New England.

Letter from Mr. West.

Caveat against Sir Bibye Lake's petition.

Letter to Mr. Attorny General.

A letter from Mr. West, dated the 19th of the last month [fo. 202], desiring to withdraw his caveat against Sir Bibye Lake's petition relating to some lands near Kennebeck River in New England, was read; and Sir Bibye Lake attending according to appointment, his foresaid petition, mention'd in the minutes of the 5th of May, was again read; and thereupon ordered that a copy of his petition, together with the charter of the Massachusets Bay, be sent to Mr. Attorney General for his opinion in point of law.

Hudson's Bay.

Letter from Mr. Perry.

Members of the Hudson's Bay Company to attend.

A letter from Mr. Pery, of this day, signifying that by reason of his indisposition he could not attend their lordships according to appointment, with relation to the Hudson's Bay Company [fo. 238, 281], was read; whereupon ordered that Mr. Potter, secretary to the Hudson's Bay Company, be acquainted with their lordships’ desire of speaking with Mr. Perry, or any other members of the said Company, on this day sevenight.

Jamaica.

Letter to the Governor.

A letter to the Lord Archibald Hamilton, Governor of Jamaica [fo. 239], agreed at the last meeting, was sign'd.

Trade.

Letter from Mr. Holdip.

Salt.

Drawback on fish.

A letter from Mr. Holdip, secretary to the Commissioners for the duties upon salt, dated the 18th instant [fo. 233, 332], with an account of the drawbacks on fish exported for seven years last past, was read.

Letter from Mr. Loggan.

Flanders.

Letter to Mr. Secretary Bromley.

A letter from Mr. Loggan, her Majesty's consul in Flanders, dated the 9th of June, 1714, new style, relating to his proceedings for the liberty of the British subjects in opposition to the brokers at Bruges, and about some affidavits to be dispatch'd by the town clerk of London; as likewise relating to Flemmings trading under colour of English &c., was read. Whereupon ordered that the draught of a letter be prepared, wherewith to transmit to Mr. Secretary Bromley [fo. 243], a copy of that above-mention'd from Mr. Loggan, with the opinion of this Board, that it will be of service the said affidavits be dispatch'd as soon as possible.

Jamaica.

Mrs. Stringer.

Act about Kingston.

Mrs. Martha Stringer having desired to be heard by her council in relation to the Act lately pass'd in Jamaica, for the more effectual relief of the freeholders and inhabitants of Kingston, ordered that she be heard by her council accordingly to-morrow morning [fo. 230, 243] when Sir Charles Orby and others are likewise appointed to be heard upon the same subject.

June 22. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Sharpe, Mr. Pytts.

Jamaica.

Representation.

Mr. Archbould of the Council.

A representation proposing James Archbould, esquire, to be a member of her Majesty's Council of Jamaica [fo. 240] in the room of Henry Lowe, esquire, deceased, agreed at the last meeting, was signed.

Trade.

Letter to Mr. Secretary Bromley.

Mr. Loggan.

Flanders.

A letter to Mr. Secretary Bromley, wherein to inclose a copy of a letter from Mr. Loggan, her Majesty's consul in Flanders, of the 9th instant [fo. 242], new style, mentioned in yesterday's minutes, and relating to some affidavits to be transmitted to Mr. Loggan, was sign'd.

Jamaica.

Letter from Sir Peter King.

Act about Kingston.

Hearing adjourn'd.

A letter from Sir Peter King, who is retained as council for the inhabitants of Kingston against Sir Charles Orby [fo. 242, 248], in the hearing appointed to be had this day at the Board upon the Act lately pass'd in Jamaica for the more effectual relief of the freeholders and inhabitants of Kingston, signifying that he cannot possibly attend this day, and that if their lordships think fit to put off the said hearing till Thursday morning, he will take care not to be then wanting, was read; and Sir Charles Orby and several others attending, with their council, according to appointment, they were acquainted with their lordships’ intention to hear peremptorily at 8 of the clock on Thursday morning next, what may be then offer'd for or against the confirmation of the said Act.

Trade.

Mr. Milner about consulage at Lisbon.

Mr. Milner to give account in writing.

Mr. Milner attending, and acquainting their lordships [fo. 239] that, not being able to wait upon the Board to-morrow, as he had been desired the 18th instant, he was now come to answer anything their lordships had to ask him; the letter from the Lord Viscount Bolingbroke, of the 13th instant, relating to a dispute between the British consul and factory at Lisbon, was communicated to him; whereupon he said that there never had been such a case before, his brother being the only consul that dyed there; that Mr. Shippen, the present consul, was a prisoner in the Fleet or Queen's Bench, and ran away from thence to Lisbon; that he has no manner of pretence to demand consulage for the intermediate time between the date of his commission and the King of Portugal's confirmation of him; for that by the Queen's commission he has no title to levy money upon her subjects; and that it is only the King of Portugal's inregistring of it in the Chancery there, makes it as a law in Portugal; so that, till the commission become such by virtue of being so inregistred, he has no right to any consulage at all. And Mr. Milner [fo. 269] promised to give their lordships a more full account of this matter in writing.

June 23. Present:—Lord Guilford, Mr. Monckton, Mr. Sharp, Mr. Pytts.

Trade.

Letter from commissaries.

Report of their negotiation.

A letter from her Majesty's commissaries [fo. 205], appointed to treat with those of France, in relation to commerce, dated the 14th, together with a copy of their report to her Majesty of the 9th of this month, giving account of their whole negotiation to that time, were read; as also the following papers referr'd to therein, vizt.:
Papers referr'd to.
List of papers sent along with the report to her Majesty, the 9th June, 1714.
Extract of a letter from Mr. Prior to Lord Bolingbroke, dated from Paris, the 13/2 April, 1714.
Copy of the first proposition, as it was stated anew on the 28th April, 1714, and agreed to by the French commissaries.
Extract of instructions sent to the French commissaries about the four excepted species.
Copy of the third proposition, as it was stated anew in the conference of 28th April, 1714. Copy of a declaration from the French commissaries for explaining the terms, goods and merchandizes of Great Britain.
Form of a declaration drawn up at the Board for the French commissaries to sign, about the repeal of the decree of 6th September, 1701.
Another from sent back signd by the French commissaries, about the decree of 6th September, 1701.

June 24. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Sharpe, Mr. Pytts, Mr. Vernon.

Trade.

Letter from Lord Bolingbroke.

Letter from Spain.

Trade to Yvica.

A letter from the Lord Viscount Bolingbroke, of yesterday's date, referring to the Board two letters from Don Manuel de Vadillo, Secretary of State in Spain [fo. 256, 303], to her Majesty's secretary there, forbidding the English from trading to Yvica, and requiring an English clergyman in the Canaries to come away from thence, was read; whereupon ordered that the Spanish merchants be ordered to attend the Board to-morrow.

Jamaica.

Act about Kingston.

Hearing.

Sir Charles Orby and Colonel Long &c., with Mr. Solicitor General and Mr. Lutwich, their council, and Mrs. Martha Stringer, with Mr. Allington, her council, attending against an Act past at Jamaica in February last, for the more effectual relief of the freeholders and inhabitants of Kingston [fo. 243, 263]; and Colonel Laws and Mr. Thurston attending with Mr. Serjeant Prat, and Sir Peter King, their council, in behalf of the Act, the same was read, as also Mr. Attorney General's report thereupon, mention'd in the minutes of the 10th instant.

Mr. Solicitor General then said that he did not doubt but the Act would appear to their lordships to be unjust in all its particulars; that the allegations therein were false, and the enacting part destroying of property; that Sir William Beeston, when he dyed, devised his estate to his lady, now the lady of Sir Charles Orby; that some part of the said estate had been disposed of; that he had an undoubted title to the said estate, having purchased it; that the allegation in the Act, that Sir William had made a promise or engagement not to dispose of the lands between the sea and Harbour Street in the town of Kingston could not be proved, and therefore he concluded it was not true; that if Sir William had had no title to those lands on which Kingston is built, the persons aggrieved by the building the houses mention'd in the Act might have been releiv'd by equity, without having this extraordinary recourse to the legislature; that the Bill itself does appear very partial by a saving therein to the houses of Peter Beckford, Speaker of the Assembly when the said Bill was passd, and of Mr. Nazereau.

Mr. Lutwich said that the Act was a manifest invasion of private property, for that William Barry had a grant in 1665 of 530 acres of lands, which he sold to Sir William Beeston; that Sir William sold 200 acres, part thereof, for the building the said town of Kingston, for 1,000l., but he never made any agreement not to sell the lands between the sea and Harbour Street aforemention'd. The proclamation mention'd in the Bill, whereby it is pretended Sir William disclaimed any such intention, ought not to be regarded, unless the other side produced an original, for as it stands in the Bill it is only an allegation, which wants to be proved. Sir William Beeston being Governor at the time this pretended proclamation was made, it would appear upon the Council books, proclamations being always issued by advice of the Council. That the new buildings, directed by the Act to be pull'd down, are no injury to the town, for they only affect Harbour Street by hindring the houses, opposite to which they are, of the prospect of the sea.

That these houses are no prejudice to the trade of that town, for that there are passages sufficient left for the convenience of carrying goods to or from the sea; that, as he had been inform'd, there was a law of Jamaica whereby five years’ possessions of houses or lands was a bar against all claims (but the said law was not produced), and the owners of the said houses have been in possession above ten years. They then read some affidavits, setting forth that the houses were built in 1703 or 1704, and repaired after the hurricane in 1712, without any molestation, and that in the opinion of the deponents they were of no prejudice, but an advantage, to the town of Kingston; and they produced Doctor Page, who said the same thing; wherefore he hoped their lordships would represent the said Act to be repealed.

Mr. Allington, in behalf of Mrs. Stringer, said that her husband had contracted about five years ago with Mr. Totterdale, then agent for Sir Charles Orby, for two lotts between Harbour Street and the sea, and had laid out 1,200l. and upwards in building thereon; that if her houses, which is all she and her children have to live upon, be pulled down, they will be reduced to the utmost misery and want; wherefore he hoped their lordships would consider her case with what the other council had said, and represent the Act so to her Majesty that it may be repealed. Mr. Serjeant Pratt then said that the allegation[s] in the Act were true; that there was an agreement with Sir William Beeston that he should not dispose of the lands between Harbour Street and the sea, as appear'd plainly by the proclamation mentioned in the Act; that when the 200 acres of land were sold for building the town, a plan was made of the said town, and the shoal water-land was laid out for publick use; that it was therefore in the nature of a highway, and must remain so, and not be appropriated to any private use. Land that is private property, when it comes to be laid out by plan, and by agreement for the publick, is the property of the publick, and cannot be alter'd; that the reason why the houses were permitted to be built was that, after the fire at Port Royal, an Act was pass'd in 1703, to invest her Majesty in land in Kingston for the reception of the sufferers by the late dreadfull fire at Port Royal, declaring Kingston to be the chief seat of trade, and head port of entry, and fortifying West Chester; upon which several people took up lotts and built, supposing that the said Act would have been confirm'd, and therefore they were suffer'd to go on; that in case the Act had been confirm'd, the building of houses upon those lotts would not have been a prejudice to the town of Kingston in general, because by the Act Kingston was declared the chief seat of trade, and head port of entry. As to the objection made against the reservation in favour of Peter Beckford and Nazereau, he said that they two had built only against their own houses in Harbour Street, and so incomodated none of the other inhabitants; that by building before other people's houses, they take from them the use of the shoal water.

Sir Peter King said that all parties had been heard for and against the Bill by their council, as appeared by the minutes of the Council of Jamaica of the 17th of February last; that Sir William Beeston did, by his attorney, Colonel Laws, agree to the sale of 200 acres for 1,000l., as also to the plan of the town, as laid out by a sworn surveyor; but, when he came over Lieutenant Governor of that island, he found it would be more for his advantage to sell the said land by lotts, and that he sold to the value of about 2,000l.; but as Sir William took notice that there was an Act of that island, 1683 or 1684 (Book of Laws, first volume, fol. 128), for vacating several irregular grants, surreptitiously obtain'd for royal mines, shoal water &c., which might effect him, he being then Governor, made a grant to his secretary, Mr. Bowyer, of the shoal water, and took from the said Bowyer a reconveyance of the same, and has no other title to it. How reasonable it will appear that a Governor should make grants on this manner to themselves, he submitted to their lordships. This making a great noise in the island, Sir William thought fit to publish the proclamation mention'd in the Act; but, in answer to what Mr. Lutwich had said, Sir Peter took notice that this was no proclamation, and therefore not to be found on the Council books. It was only a private declaration of Sir William Beeston (not as Governor), assuring the inhabitants that he never intended to sell the land on the front of Kingston between Harbour Street and the sea side; and therefore, after such a publick declaration of Sir William Beeston's, upon which the inhabitants were incouraged to settle there, which was a kind of grant of the shoal water, if he had any right to it, Sir William Beeston could not alienate the same. As to the five years’ possession Act, mention'd by Mr. Lutwich, he said he knew of none such. In relation to the houses of Mr. Beckford and of Mr. Nazerreau, what he said was to the same purpose as what had been offer'd by Mr. Serjeant Pratt; then he call'd upon Colonel Laws, who acquainted their lordships that he was one of the attorneys of Sir William Beeston; that he agreed with the Council of that island for the above-mention'd 200 acres, to be laid out in lotts for the building of the town; that it was laid out accordingly by the President and Council, of which he was then a member; that the plan was made and approved by Sir William Beeston; that there was an Order of Council, that no houses should be built within 300 foot of Harbour Street, which is the distance between that street and the sea at low water, and that he had seen the above-mention'd declaration of Sir William Beeston's in his own handwriting, posted up in several parts of the town.

Trade.

Lord Viscount Bolingbroke about instructions for Lord Bingley &c.

After these gentlemen were withdrawn, the Lord Viscount Bolingbroke came to the Board, and acquainted their lordships that their letter of the 9th instant, relating to instructions for the Lord Bingley [fo. 228, 269], had been laid before her Majesty; that thereupon the lords of the Council would have a conference in a few days with the Board, and therefore desired that in the meantime their lordships would reconsider their own minutes, and see what the merchants had said in relation to the conservadores; that they would consider and compare what the merchants had desired in their two last memorials with what stands in the treaty, and see how far the treaty is affected by it; that they would likewise consider the duties formerly paid with those now to be paid by the treaty upon exportation.

June 25. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Sharpe, Mr. Pytts.

Trade.

Spain.

Mr. Mead.

Yvica.

Clergyman at the Canaries.

Mr. Mead attending, their lordships communicated to him the copies of the letters from Don Manuel de Vadillo, Secretary of State at Madrid, to her Majesty's secretary there, forbidding all commerce of her Majesty's subjects to the island of Yvica, and requiring an English clergyman in the Canaries to retire from those islands (mention'd in yesterday's minutes), whereupon he said that Yvica was dependant on Majorca, and Majorca on Barcelona, so that Yvica was not properly under the government of Spain; that he supposed the reason for our being prohibited fetching salt, or having any other commerce with that island, was to oblige us to fetch our salt at Cadiz, where it is not so cheap as at Yvica, and to hinder our selling any goods there, which might from thence be carried to Barcelona. However that be, he said that prohibition, if it took place, would be very detrimental to us; for that we load there every year great quantities of salt for Newfoundland.

As to what relates to the clergyman in the Canaries, he said that it was certain the Spaniards would never allow of it; and therefore he thought it would be most prudent that the said clergyman do come away as soon as possible, lest the inquisition should take cognizance of his being there.

Trade.

Letter from Lord Bolingbroke.

Remarks from Cadiz on the Treaty of Commerce.

A letter from the Lord Viscount Bolingbroke, of the 24th June 1714, with some remarks made by the English factory at Cadiz [fo. 228, 259, v. infra], on the treaties with the King of Spain, was read.

June 26. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Sharpe, Mr. Pytts, Mr. Vernon.

Trade.

Order of House of Lords.

Spanish Treaty of Commerce.

Minutes and papers to be copy'd.

An Order from the House of Lords, of yesterday's date, requiring this Board to lay before their lordshipps an account of what steps and proceedings they have made in relation to the 3rd, 5th and 8th articles of the Treaty of Commerce with Spain [v. supra, fo. 260], and the explanation of the said treaty, was read; and the Lord Guilford thereupon acquainted the Board that, after the said order had been made, it was moved and ordered by the House that the Board should lay before their lordships an account of all their proceedings in relation to the said treaty. Whereupon ordered that the minutes of this Board relating thereunto, from the 12th of August, 1713, to the 14th of October following, with all the papers therein referr'd to, be copy'd, to be laid before their lordships on Tuesday next.

June 29. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Sir John Hynde Cotton, Mr. Sharpe, Mr. Pytts.

Trade.

Spain.

Remarks on Treaty of Commerce.

The secretary acquainted the Board that Mr. Prevereau, of the Lord Bolingbroke's office, had in his lordship's name desired back the remarks made by the English factory at Cadiz on the treaties with the King of Spain [fo. 258, 261], referr'd to the Board by his lordship's letter of the 24th instant, mention'd in the minutes of Fryday last, and that he had accordingly delivered to Mr. Prevereau the said remarks; but, upon enquiry for them this morning, Mr. Prevereau said they were lent to Mr. Gillingham.

Leeward Islands.

Letter from Colonel Douglas.

Papers.

A letter from Colonel Douglass, dated yesterday, relating to several papers brought by him from the Leeward Islands to this office, was read; and thereupon ordered that he be acquainted that the said papers shall be taken into consideration as soon as the Board have leisure.

Trade.

Spain.

Report to House of Lords.

A report in answer to the Order of the House of Lords in relation to the Treaty of Commerce with Spain [fo. 258], mention'd in yesterday's minutes, was sign'd, which, together with the copies of several papers relating thereto, and a list of them, were delivered to the Lord Guilford, who was desired to lay the same before the House, pursuant to their lordships’ said order.

June 30. Present:—Lord Guilford, Sir Philip Meadows, Mr. Monckton, Mr. Moore, Sir John Hynde Cotton, Mr. Pytts, Mr. Vernon.

Trade.

Spain.

Letter from Lord Bolingbroke.

Remarks on Treaty of Commerce.

Answer to Lord Bolingbroke.

Their lordships took again into consideration the letter from the Lord Viscount Bolingbroke, of the 24th, mention'd in the minutes of the 25th instant, together with the remarks made by the English factory at Cadiz, on the treaties with the King of Spain [fo. 259, 262], thereby referr'd to this Board; whereupon the Lord Guilford, at the desire of the rest of the Commissioners present, went and acquainted the Lord Viscount Bolingbroke that their lordships had no other observations to make on the said remarks than what are contained in their letter to his lordship of the 9th instant.