Journal, July 1726: Journal Book C.C

Journal, July 1726

July 27. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Bladen, Mr. Plummer, Sir John Hobart.

Antigua.

Mr. Fane's report upon an Act, passed at Antego in 1724–5, for selling of certain lands belonging to Andrew Murray, Esquire, dated the 18th inst., was read. Whereupon ordered that Mr. Fane and Mr. Nivine, who solicits the confirming of the said Act, be acquainted that the Board desire to speak with them thereupon on Wednesday morning next.

Massachusetts.

Ordered that the draught of a representation be prepared upon the Order in Council, referring to the Board the petition of Colonel Shute, Governor of New England, mentioned in yesterday's Minutes.

Jamaica.

Their Lordships taking again into consideration the letter from the Duke of Portland, Governor of Jamaica, mentioned in yesterday's Minutes, gave directions for sending the several Acts transmitted therewith, except the Revenue Act, to Mr. Fane, for his opinion thereupon in point of law.

Ordered that the draught of a representation be prepared for repealing the said Revenue Act.

Mr. Stevenson attending, presented to the Board an extract from the Minutes of the Council and Assembly of Jamaica of some of their proceedings, referred to in the letters to His Grace the Duke of Newcastle, and to the Lords Commissioners for Trade, which was read.

July 28. Present:—Earl of Westmorland, Mr. Bladen, Mr. Plummer, Sir John Hobart.

Jamaica.

Mr. Stevenson, attending, presented to the Board a memorial setting forth the reasons that induced the Duke of Portland to give his assent to the perpetual Revenue Act, passed in Jamaica in March last, which memorial was read.

Their Lordships then signed the duplicate of their letter to the Duke of Portland, dated the 6th inst., as also a postcript thereto of this day's date, acknowledging the receipt of His Grace's last letter, and acquainting him with their intentions of repealing the Revenue Act therein inclosed.

The representation ordered yesterday to be prepared for repealing the said Revenue Act, was agreed and signed, as also

Massachusets.

The representation upon the Order of the Committee of Council, dated the 21st of June last [Journal Dd. fol. 108] referring back the petition of Colonel Shute, Governor of the Massachusets Bay and New Hampshire, to the Board, to consider of methods to oblige the Councils and Assemblies of those provinces to pay Colonel Shute his arrears, and settle a fixed salary on His Majesty's Governor was signed.

Plantations General.

Draught of instruction to Governors about suspending execution of sentences in case of appeals.

The draught of an instruction [Journal Dd. 107] to all the Governors in America, ordered to be prepared the 14th inst., in pursuance of an Order in Council, dated the 5th, directing the Board to prepare an additional instruction to all the Governors, requiring them to suspend the execution of any sentence, in case of an appeal, till the same shall be determined at home, was agreed, and a representation for laying the same before His Majesty was also agreed and signed.

St. Christophers.

Letter from Duke of Newcastle, petition of Mr. MacDowall about lands granted him.

A letter from the Duke of Newcastle of the 7th inst., referring to the Board the petition of Mr. McDowall, complaining that the Governor of the Leeward Islands hath unjustly dispossessed him of part of the lands granted to him in St. Christophers, and continues to disturb him in the remaining part, was read. Whereupon ordered that Mr. McDowall be acquainted that the Board desire to speak with him thereupon on Wednesday morning next, and that Colonel Hart's agent be directed to attend at the same time.

Barbadoes.

Mr. Fane's report.

Persons in custody on suspicion of piracy.

Mr. Fane's report, dated the 14th July, 1726, in relation to two persons detained in custody by Mr. Worseley, Governor of Barbadoes, on suspicion of piracy, being read, thereof was ordered to be sent to Mr. Worseley.

August 11. Present:—Earl of Westmorland, Mr. Plummer.

St. Christophers.

Mr. MacDowall and Mr. Sharpe.

Mr. MacDowall's petition, a copy to be sent to Colonel Hart.

Mr. McDowall and Mr. Sharpe, in behalf of Colonel Hart [Journal Dd. fol. 214], attending, as they had been desired, their Lordships took again into consideration Mr. McDowall's petition, mentioned in the Minutes of the 28th of the last month, and after some discourse with these gentlemen thereupon, their Lordships gave directions for sending a copy of the said petition to Colonel Hart for his particular answer thereto.

Antigua.

Mr. Nivine about Act concerning Mr. Murray's lands.

Draught of representation.

Mr. Nivine attending, as he had been desired, their Lordships took into consideration Mr. Fane's report, mentioned in the Minutes of the 27th of the last month, upon an Act, passed in Antego in 1724–5, for selling of certain lands belonging to Andrew Murray, Esquire, and after some discourse with Mr. Nivine thereupon, their Lordships gave directions for preparing the draught of a representation for confirming the said Act.

Massachusets.

Letter from Mr. Willard.

A letter from Mr. Willard, Secretary to the Massachusets Bay, dated the 5th December, 1724, was read, and the papers, therein referred to, were laid before the Board, viz:
Papers therein referred to.
Minutes of Council of the Massachusets Bay, from the 3rd March, 1723–4, to 31st August, 1724.
Minutes of the General Assembly, from the 22nd April, 1724, to the 20th June following.
General account of the Treasurer, from the 31st May, 1723, to the 30th May, 1724.
Three Acts, passed at Boston, the 27th May, 1724.

Letters and papers from Mr. Willard.

A second letter from Mr. Willard, dated the 26th of May, 1725, was read, and the papers, therein referred to, were laid before the Board, viz:
Minutes of Council, from the 2nd September, 1724, to the 19th February following.
Minutes of Assembly, from the 11th of November, 1724, to the 24th December following.
Eleven Acts, passed in May and November, 1724.

A third letter from Mr. Willard, dated the 6th November, 1725, was read, and the papers, therein referred to, were laid before the Board, viz;
Proceedings of the Court of Escheat, from the 8th October, 1725, to the 15th January, 1725–6.
Deputy Remembrancer's certificate, dated 12th March, 1725–6, of fines, etc., returned by the Escheator General into the Remembrancer's office in the Court of Exchequer at Barbadoes.
List of business at Grand Sessions, in December, 1725.
List of escheats, etc., at Grand Sessions, in December, 1725.
List of baptisms and burials in the several parishes of Barbadoes, from the 19th January, 1722–3, to the 19th January, 1725–6.
Nineteen lists of fees now taken in the several offices of Barbadoes.
Three Acts, passed in February, 1725–6.
Ordered that this letter be likewise answered.

July 5. Present:—Earl of Westmorland, Mr. Pelham, Mr. Bladen, Mr. Plummer.

Virginia.

North Carolina.

Their Lordships taking into consideration the proposals for settling the boundaries between Virginia and North Carolina, agreed to by Colonel Spotswood and Mr. Eden, late Lieut. Governors thereof, as also a letter from Mr. Shelton, Secretary to the Lords Proprietors of North Carolina, mentioned in the Minutes of the 23rd of last month; their Lordships gave directions for preparing the draught of a representation to His Majesty upon this subject.

Jamaica.

Barbadoes.

Bermuda.

The draughts of letters to the Duke of Portland, Governor of Jamaica, to Mr. Worseley, Governor of Barbadoes, and to Colonel Hope, Lieut. Governor of Bermuda, directed to be prepared the last meeting, were agreed and ordered to be transcribed.

July 6.—Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Pelham, Mr. Bladen, Mr. Plummer.

Leeward Islands.

A letter from Colonel Hart, Governor of the Leeward Islands, dated 20th May, 1726, was read, and the papers, therein referred to, were laid before the Board, viz:
Minutes of Council of St. Christophers, from the 22nd March, 1721–2, to the 16th June, 1722.
Minutes of Council of St. Christophers, from 10th September, 1724, to the 19th December following.
Minutes of Council of St. Christophers, from 23rd February, 1724–5, to the 14th of October, 1725.
Minutes of Council of St. Christophers, from the 14th October, 1725, to 5th March, 1725–6.
Minutes of Council in Assembly of Antego, from the 18th February, 1724–5, to the 2nd October, 1725.
Minutes of Assembly of Antego, from 18th February, 1724–5, to the 23rd of June, 1725.
Minutes of Assembly of Antego, from 26th June, 1725, to the 2nd October following.
Minutes of Council of Montserrat, from 10th April, 1724, to the 7th September following.
A draft of the harbour of St. Johns in the Island of Antego.
Four Acts of St. Christophers, passed in June, 1724, and 1725–5.
Three Acts of Antego, passed in 1725.
Two Acts of Nevis, passed in 1725.
Two Acts of Montserrat, passed in 1724–5.

Ordered that the aforementioned Acts be sent to Mr. Fane, for his opinion thereupon in point of law. [Journal D.D. fo. 44.]

A representation proposing John Daily and John White, Esquires, to be of the Council of Montserrat, in the room of John Cockran and William Irish, deceased, was signed, as also another representation proposing Colonel Carey Broadbelt to be of the Council of Nevis, in the room of Richard Abbott, deceased.

Their Lordships then agreed and signed an answer to Colonel Hart's said letter.

Jamaica.

Captain King attending, as he had been desired, with Mr. Sharp, his solicitor, as also Mr. Nivine and Mr. Palmer with Mr. Russel, their solicitor, in relation to an Act, passed in Jamaica in December, 1722, entituled, An Act for encouraging the speedy settling of the Plantation commonly called Pero or Pera Plantation situate at Port Morant in the Parish of St. Thomas in the East in this island, and for obliging all persons entituled to the equity of redemption thereof to redeem the same by a prefixed time; but Mr. Hughes not attending, as he had been desired, Mr. Sharp acquainted their Lordships, that, as the Act in question could not possibly affect Mr. Gordon nor the other petitioners against the said Act, as the heirs of Mr. Smith were thereby only excluded, he hoped their Lordships would please to report the same to His Majesty as proper for confirmation.

Mr. Russel then acquainted their Lordships, that although in Mr. Gordon's petition to His Majesty his claim is mentioned to be derived from Pope and Harbin, yet upon examination it would appear that Pope and Harbin were claimants under Smith, and therefore Mr. Gordon would be sensibly affected by the confirmation of the said Act; besides this, as there is now a suit in Chancery depending in relation to the said Pero Plantation, he said he hoped their Lordships would not be of opinion to report this Act to His Majesty for confirmation.

Their Lordships then ordered the gentlemen to withdraw, and after considering what had been offered on each side, called them in again, and acquainted them that they would make no report upon the aforesaid Act till the suit now depending in Chancery about the petitioners' respective claims to the plantation in question had been determined; but that they could by no means be of opinion that this Act was proper to be confirmed, because there were not the necessary clauses inserted in it, as required by the Governor of Jamaica's instructions.

New Hampshire.

Mr. Newman, agent for New Hampshire, attending, as he had been desired, and the Secretary, acquainting their Lordships that Mr. Dummer, agent for the Massachusets Bay, could not attend their Lordships, desired Mr. Newman would acquaint the Board what steps had been taken with respect to the settling the line proposed to be run between the Massachusets Bay and New Hampshire; whereupon he said that he had some time ago presented a memorial to the Duke of Newcastle upon this subject, but as the same had been mislaid in the Secretary's office, he had prepared another upon the same subject, which he would in a day or two present.

Massachusets.

New Hampshire.

An Order of the Committee of Council, dated the 21st June, 1726, referring back the petition of Colonel Shute, Governor of the Massachusets Bay and New Hampshire, to this Board, to consider of methods to oblige the Councils and Assemblies of those provinces to pay Colonel Shute his arrears, and settle a fixed salary on His Majesty's Governor, was read; ordered that Colonel Shute be acquainted that the Board intend to take this matter into consideration on Tuesday the 22nd inst., and that he be desired to attend at the same time.

Jamaica.

A letter to the Duke of Portland, Governor of Jamaica, agreed yesterday, was signed; as also

Barbadoes.

A letter to Mr. Worseley, Governor of Barbadoes; and

Bermuda.

A letter to Colonel Hope, Governor of Bermuda.

Virginia.

Colonel Spotswood, late Lieut. Governor of Virginia, attending, their Lordships told him, that Major Drysdale, the present Lieut. Governor, had obtained a license to return to England for some time for the recovery of his health, and that in course the administration of the government in his absence would devolve upon Colonel Jennings, the first councillor; wherefore their Lordships desired Colonel Spotswood to acquaint the Board what he knew concerning his character; who said, that he had been incapable of doing any business for some years, by reason of his great age and infirmities. Their Lordships were then pleased to order that a letter should be writ to the Earl of Orkney, Governor of Virginia, to know whether he has had any account of this matter.

July 14. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Bladen.

A letter from the Earl of Orkney, Governor of Virginia, dated the 9th inst., in answer to one writ him the 6th, relating to the incapacity of Colonel Jennings, President of the Council of Virginia, was read; and

A letter to the Duke of Newcastle thereupon was immediately agreed and signed, proposing Colonel Carter to act as Commander in Chief during the absence of the Governor or Lieut. Governor.

Plantations General.

An Order in Council, dated the 5th inst., directing the Board to prepare an additional instruction to all the Governors in America requiring them to suspend the execution of any sentence, in case of an appeal, till the same shall be determined at home, was read. Whereupon ordered that the draught of an instruction be prepared accordingly.

Miscellanies.

The Secretary laid before the Board an account of the incidental charges of this office, from Christmas, 1725, to Midsummer, 1726, amounting in the whole to Four hundred and fifty one pounds, four shillings and nine pence farthing, viz:

Whereupon a letter to the Lords of the Treasury, desiring payment thereof, as likewise three months salary due to the Secretary and other officers in the service of this commission, was agreed and signed.

July 26. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Bladen, Mr. Plummer.

Massachusets.

New Hampshire.

Colonel Shute, Governor of New England, attending, as he had been desired, their Lordships took again into consideration the Order of the Committee of Council, dated the 21st June, 1726, referring back the petition of Colonel Shute, Governor of the Massachusets Bay and New Hampshire to the Board, to consider of methods to oblige the Councils and Assemblies of those provinces to pay Colonel Shute his arrears, and settle a fixed salary on His Majesty's Governors, mentioned in the Minutes of the 6th inst.; and then desired Colonel Shute would inform the Board, whether he knew of any method to oblige the people of New England to pay their Governor a fixed salary, to which he answered, he knew no other way than by an Act of Parliament.

Colonel Shute being withdrawn, their Lordships resolved to consider further thereof at another opportunity.

Jamaica.

A letter from the Duke of Portland, Governor of Jamaica, without date, was read, and the papers, therein referred to, were laid before the Board, viz:
11 Acts, passed in 1725–6.
Copies of the Governor's speeches to the Assembly and their addresses and answers and other messages, etc., in the Sessions of Assembly, begun 11th January, 1725–6.
Minutes of Council, from 26th January, 1725–6, to the 9th March following.
Minutes of Council in Assembly, from the 11th of January, 1725–6, to the 9th March following.
Minutes of Assembly, from the 11th of January, 1725–6, to 9th of March following.

And their Lordships resolved to take the said letter and papers into further consideration to-morrow morning.

July 27. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Bladen, Mr. Plummer, Sir John Hobart.

Antigua.

Mr. Fane's report upon an Act, passed at Antego in 1724–5, for selling of certain lands belonging to Andrew Murray, Esquire, dated the 18th inst., was read. Whereupon ordered that Mr. Fane and Mr. Nivine, who solicits the confirming of the said Act, be acquainted that the Board desire to speak with them thereupon on Wednesday morning next.

Massachusetts.

Ordered that the draught of a representation be prepared upon the Order in Council, referring to the Board the petition of Colonel Shute, Governor of New England, mentioned in yesterday's Minutes.

Jamaica.

Their Lordships taking again into consideration the letter from the Duke of Portland, Governor of Jamaica, mentioned in yesterday's Minutes, gave directions for sending the several Acts transmitted therewith, except the Revenue Act, to Mr. Fane, for his opinion thereupon in point of law.

Ordered that the draught of a representation be prepared for repealing the said Revenue Act.

Mr. Stevenson attending, presented to the Board an extract from the Minutes of the Council and Assembly of Jamaica of some of their proceedings, referred to in the letters to His Grace the Duke of Newcastle, and to the Lords Commissioners for Trade, which was read.

July 28. Present:—Earl of Westmorland, Mr. Bladen, Mr. Plummer, Sir John Hobart.

Jamaica.

Mr. Stevenson, attending, presented to the Board a memorial setting forth the reasons that induced the Duke of Portland to give his assent to the perpetual Revenue Act, passed in Jamaica in March last, which memorial was read.

Their Lordships then signed the duplicate of their letter to the Duke of Portland, dated the 6th inst., as also a postcript thereto of this day's date, acknowledging the receipt of His Grace's last letter, and acquainting him with their intentions of repealing the Revenue Act therein inclosed.

The representation ordered yesterday to be prepared for repealing the said Revenue Act, was agreed and signed, as also

Massachusets.

The representation upon the Order of the Committee of Council, dated the 21st of June last [Journal Dd. fol. 108] referring back the petition of Colonel Shute, Governor of the Massachusets Bay and New Hampshire, to the Board, to consider of methods to oblige the Councils and Assemblies of those provinces to pay Colonel Shute his arrears, and settle a fixed salary on His Majesty's Governor was signed.

Plantations General.

Draught of instruction to Governors about suspending execution of sentences in case of appeals.

The draught of an instruction [Journal Dd. 107] to all the Governors in America, ordered to be prepared the 14th inst., in pursuance of an Order in Council, dated the 5th, directing the Board to prepare an additional instruction to all the Governors, requiring them to suspend the execution of any sentence, in case of an appeal, till the same shall be determined at home, was agreed, and a representation for laying the same before His Majesty was also agreed and signed.

St. Christophers.

Letter from Duke of Newcastle, petition of Mr. MacDowall about lands granted him.

A letter from the Duke of Newcastle of the 7th inst., referring to the Board the petition of Mr. McDowall, complaining that the Governor of the Leeward Islands hath unjustly dispossessed him of part of the lands granted to him in St. Christophers, and continues to disturb him in the remaining part, was read. Whereupon ordered that Mr. McDowall be acquainted that the Board desire to speak with him thereupon on Wednesday morning next, and that Colonel Hart's agent be directed to attend at the same time.

Barbadoes.

Mr. Fane's report.

Persons in custody on suspicion of piracy.

Mr. Fane's report, dated the 14th July, 1726, in relation to two persons detained in custody by Mr. Worseley, Governor of Barbadoes, on suspicion of piracy, being read, thereof was ordered to be sent to Mr. Worseley.