BHO

Journal, June 1748: Volume 56

Pages 291-323

Journals of the Board of Trade and Plantations: Volume 8, January 1742 - December 1749. Originally published by His Majesty's Stationery Office, London, 1931.

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Citation:

Journal, June 1748

Wednesday, June 8. Present:—Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin.

Barbados.

The Secretary laid before the Board the following copies of Orders of Council, received from the Council Office, the 4th instant, and the said Orders were read, viz.:—
Copy of an Order of Council, dated the 3rd of December, 1747, approving a representation of this Board, proposing the confirmation of an Act, passed at Barbados in May, 1747, to secure the Peace and Tranquility of that Island, and to Support the Honour and Dignity of the Government thereof.
Copy of an Order of Council, dated the 10th of February, 1747–8, dismissing the petition of John Price of the Island of Barbados, praying the repeal of an Act, passed in 1720 in that Island, as also his petition against the report of this Board upon the said Act, and admitting an appeal against the decree of the Court of Chancery in Barbados, in June, 1742.

Newfoundland.
Copy of an Order of Council, dated the 5th of May, 1748, approving the draught of a commission prepared by this Board for Charles Watson, Esquire, appointed Governor of Newfoundland.
Copy of an Order of Council, dated the 5th of May, 1748, approving a draught of instructions prepared by this Board for Charles Watson, Esquire, appointed Governor of Newfoundland in America.

Virginia.

Copy of an Order of Council, dated the 14th of January, 1747–8, approving a representation of this Board, proposing John Lewis, Esquire, to supply a vacancy in the Council of Virginia, by the death of John Tayloe, Esquire.
Antigua.
Copy of an Order of Council, dated 3rd December, 1747, approving a representation of this Board, proposing the confirmation of a private Act, passed at Antigua in May, 1742, for the sale of part of the real estate late of Samuel Byam, deceased, in the said Island, for and towards the payments of his debts.
Copy of an Order of Council, dated 3rd December, 1747, approving a representation of this Board, proposing the repeal [of an Act], passed at Antigua in 1746, for the sale of part of the real estate of William Lindsey, late of Antigua, deceased.

New Hampshire.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 20th of May, 1748, directing this Board to prepare the draught of an instruction to be sent to Benning Wentworth, Esquire, his Majesty's Governor of the province of New Hampshire, pursuant to their report upon a letter from the said Governor, relating to the Assembly of that province having refused to admit the members of five new towns to sit and vote in the choice of a Speaker.

Ordered that the draught of an additional instruction to Benning Wentworth, Esquire, Governor of New Hampshire, be prepared, pursuant to the above Order, as also the draught of a report to the Lords of the Committee of Council thereupon.

South Carolina.

Read an Order of the Lords of the Committee of Council for Plantation Affairs, dated the 20th of May, 1748, directing this Board to prepare the draught of an instruction to be sent to James Glen, Esquire, Governor of the province of South Carolina, pursuant to a report of the Board upon a letter from the said Governor, containing a proposal for building a fort in the Cherokee Nation of Indians, bordering upon that province.

Ordered that the draught of an additional instruction to James Glen, Esquire, Governor of South Carolina, be prepared, pursuant to the above Order, as also the draught of a report to the Lords of the Committee of Council thereupon.

Antigua.

Read a letter from Colonel Thomas, one of the Council of Antigua, to the Secretary, dated at Turvill Park, Bucks, the 30th of May, 1748, relating to his return to that Island; and as his health was impaired by a close attention to his Majesty's service in North America, he hopes for as much indulgence, as their lordships can allow him, consistent with their regard to that service in America. Ordered that the Secretary do write to Colonel Thomas to acquaint him that the Board has no objection to his remaining in England, as long as he thinks necessary for the recovery of his health, but to recommeded to him to apply for his Majesty's licence for such absence, pursuant to the Governor's instructions upon that head.

St. Christophers.

Read a letter from Mr. Jessop, one of the Council of St. Christophers, dated at Ringland, near Norwich, the 2nd instant (who had been wrote to by order of the Board, to attend the 7th instant upon the subject of his memorial and petition, relating to his suspension from the said Council) desiring that a further day might be given him, for their lordships to hear what he had to offer in his justification.

Ordered that the Secretary do write to Mr. Jessop to acquaint him that the Board will be ready to hear anything he may have to offer upon that subject on Tuesday the 28th instant, and that Mr. John Sharpe, agent for the Governor of the Leeward Islands, have notice to attend on that day.

Leeward Islands.

Read duplicates of two letters from General Mathew, Governor of the Leeward Islands, one dated the 15th, the other the 22nd of August, 1747, mentioning several papers as inclosed, which were not received with the said duplicate letters.

Read an original letter from General Mathew, Governor of the Leeward Islands, dated the 16th of January, 1747–8, (the duplicate of which has been received and was read on the 9th of March last), transmitting the following papers (which were not received with the said duplicate letter), viz.:—
St. Christophers.
Minutes of Assembly, from the 19th January, 1743–4, to the 13th February, 1746–7.
Nevis.
Minutes of Assembly, from the 23rd July to the 10th of November, 1747.
Leeward Islands.
An Act, passed at St. Christophers, the 18th of October, 1746.
Two Acts, passed at Antigua, in September and October, 1747.

Ordered that the said Acts be sent to Mr. Lamb, for his opinion thereupon in point of law, as soon as conveniently may be.

Pennsylvania.

Read Mr. Lamb's report upon the draught of a bond to be entered into by proper sureties in behalf of James Hamilton, Esquire, whom his Majesty has been pleased to approve of to be Lieutenant Governor of Pennsylvania, for his due observance of the Acts of Trade and Navigation.

Ordered that the titles of such Acts relating to the Trade and Navigation, as have been passed since the last appointment of a Deputy Governor, be added to the said draught, and that the names of David Barclay, of Cheapside, and William Anderson, of St. Mary Axe, London, merchants, who have been proposed to their lordships as persons responsible and willing to become bound, be inserted in the said draught, and that the Secretary do transmit the same to the Secretary to the Lords Commissioners of the Treasury, that they may give the necessary orders for taking the security accordingly.

New York.

Read a letter from Mr. Clinton, Governor of New York, to the Board, dated the 22nd of April, 1748, giving an account of his endeavours to promote his Majesty's service by annoying the enemy, and to prevent the Indians revolting to the French-and also to the irregular appointment of Mr. Charles to be agent for the Assembly, and inclosing:—
Extract of two letters from Governor Shirley to Governor Clinton, dated the 2nd and 22nd of March, 1747–8.
Extract of Colonel Johnson's letter to his Excellency, Governor Clinton, dated the 16th March, 1747–8.
Journal of the votes and proceedings of the General Assembly of New York, from the 12th of February, 1747–8, to the 9th April, 1748.

Ordered that the draught of a letter, in answer to the above, and to the several letters received from him since the Board's last letter, be prepared.

Nova Scotia.

Read a letter from Lieutenant Colonel Mascarene, President of the Council and Commander in Chief of Nova Scotia, to the Board, dated at Annapolis Royal, the 15th February, 1747–8, relating to the present state of that province, with respect to the attempts of the enemy and also to the contingent expences of government, and his not having any allowance as Commander in Chief.

Ordered that the draught of a letter be prepared, for inclosing a copy of the above letter to his Grace the Duke of Bedford, one of his Majesty's Principal Secretarys of State.

Barbados.

Read a letter from Mr. Grenville, Governor of Barbados, to the Board, dated at Great Pilgrim, December 31st, 1747, inclosing the present state of the Council in that Island, as also a list of persons to supply vacancies therein, and acknowledging the receipt of the Board's letter to him of the 11th of August last.

Ordered that the draught of a letter, in answer thereto, be prepared.

Plantations General.

The draught of a circular letter to the several Governors of his Majesty's Colonies and Plantations in America, inclosing an Act, passed in the last sessions of Parliament, for encouraging the making of Indico in the British Plantations in America, and for their direction in the execution of the provisions of the said Act, was laid before the Board, agreed to, and the several letters were transcribed and signed.

Ordered that the Secretary do transmit a copy of the usual heads of enquiry given by this Board to the several Governors, to such of the said Governors as have not had the same.

Bermuda.

Read a letter from Mr. Popple, Governor of Bermuda, to the Board, dated the 16th February, 1747–8, with a postscript of the 1st of March, containing an account of the proceedings of the Assembly, and of his having issued writs for a new Assembly, upon the members not meeting, pursuant to their adjournment, and inclosing:—
Extract of a letter from Mr. Duke, dated the 11th of January, 1747–8, to Mr. Popple, Governor of Bermuda.
Minutes of Council, commencing 22nd of September, 1747, and ending 4th February following.
Minutes of Council in Assembly, from the 15th September, 1747, to the 4th February following.
Bermuda.
Minutes of Assembly, from the 1st to the 5th of February, 1747–8.
Governor Popple's message to the Speaker of the Assemblyalso the Governor's letter to the President and Council of Bermuda.

Ordered that the Secretary do transmit an extract of so much of the above letter, as relates to the Governor having issued writs for electing a new Assembly upon the Assembly's not meeting, pursuant to their adjournment, to the Attorney and Solicitor General for their opinion, whether the said Governor, upon the Speaker and all the members of the Assembly not meeting at the time, to which they were adjourned, could legally issue writs for choosing representatives without the dissolving that Assembly, and whether the representatives, by virtue of such new writs, issued by the aforesaid Governor, without the dissolution of the Assembly, will constitute a legal Assembly, so as to make the proceedings of such Assembly valid.

Read a letter from Mr. Popple, Governor of Bermuda, to the Secretary, dated the 1st of April, 1748, relating to the proceedings of the new Assembly and inclosing:—
Copy of the reasons offered for the secession of the subscribing Members.
Copy of the Attorney General's opinion on the Governor's Quœre.

Nova Scotia.

The draught of a letter to the Duke of Bedford, inclosing the copy of one from Lieutenant Colonel Mascarene, ordered to be prepared as above, was laid before the Board, agreed to, transcribed and signed.

Thursday, June 9. Present:—Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin.

South Carolina.

The draught of an additional instruction to James Glen, Esquire, Governor of South Carolina, directing him to enter into a treaty with the Cherokee Nation for the building a fort in their country, ordered to be prepared by the preceding day's minutes, was laid before the Board and agreed to, and the draught of a report therewith to the Lords of the Committee of Council was likewise agreed to, transcribed and signed.

New Hampshire.

The draught of an additional instruction to Benning Wentworth, Esquire, Governor of New Hampshire, for empowering certain towns and districts in the province to send members to the Assembly, ordered to be prepared by the preceding day's minute, was laid before the Board and agreed to, and the draught of a report there with to the Lords of the Committee of Council was likewise agreed to, transcribed and signed.

Bermuda.

The draught of a report to the Lords of the Committee of Council upon the address of the Assembly of the Bermuda Islands, relating to the whale fishery, ordered to be prepared by the minutes of the 24th of last month, was laid before the Board, agreed to and ordered to be transcribed.

Nova Scotia.

Ordered that a copy of the instructions given to General Philips, Governor of the province of Nova Scotia, in the year 1729, be transmitted with the Board's letter to Colonel Mascarene, President of the Council and Commander in Chief of the said province, for his answer to such points as are required to be answered by the said instructions.

Ordered that an Act, passed in the 20th year of his Majesty's reign, entituled, An Act to extend the Provisions of an Act made in the 13th Year of his present Majesty's Reign, Entituled an Act for Naturalizing foreign Protestants and others therein mentioned, as are settled or shall settle in any of his Majesty's Colonies in America, to other foreign Protestants, who conscientiously scruple the taking of an Oath, be transmitted with the Board's circular letter to the several Governors of his Majesty's colonies and plantations, inclosing the Act for encouraging the making of indigo in the British plantations, and that a postscript be added to the said letter, mentioning the same.

Friday, June 10. Present:—Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin.

Bermuda.

The draught of a report to the Lords of the Committee of Council upon the address of the Assembly of the Bermuda Islands relating to the whale fishery, having been transcribed, pursuant to the preceding minutes, was laid before the Board and signed.

New Hampshire.

Their lordships took into consideration the draught of a letter to Benning Wentworth, Esquire, Governor of New Hampshire, in answer to such as have been received from him since the Board's last letter, and the same was agreed to and ordered to be transcribed; and directions were given for preparing a state of the constitution of his Majesty's province of New Hampshire, so far as relates to the prerogative of the crown therein.

Miscellanies.

Ordered that all the clerks shall attend their duty here every day at ten o'clock in the morning till three in the afternoon, and as much longer as the Board shall at any time sit, and that they do not go away from the office, without the Secretary's leave for that purpose.

Ordered that they also attend in an evening, whenever the Secretary shall give them notice thereof.

Ordered that when they leave the office, they do lock up all the books in their respective presses, and deliver the keys to the Secretary or Clerk of the Reports.

Ordered that no clerk give copies of any papers in this office without leave for that purpose.

Resolved that if any clerk transgress any of these orders, he shall lose his place in the office.

Ordered that the minutes of the proceedings at this Board at each meeting be first read at the next meeting, and signed by any of the Commissioners that shall be present at the reading thereof, and who was likewise present when the business therein mentioned was transacted.

Tuesday, June 14. Present:—Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin.

New Hampshire.

The draught of a letter to Benning Wentworth, Esquire, Governor of New Hampshire, pursuant to the minutes of Friday last, was laid before the Board and signed.

Jamaica.

Read a letter from Mr. Trelawney, Governor of Jamaica, to the Board, dated the 15th of April, 1748, giving an account of the attempt made by Admiral Knowles upon St. Iago de Cuba with his reasons, and a proposal for the reduction of the Island of Hispaniola, inclosing:—
A memorandum of what is desired for an expedition against Hispaniola.
An estimate of the 1st cost of 500 negroes, and of their annual cloathing and maintenance.

The draught of a letter to Mr. Trelawney, in answer to such as have been received from him since the Board's last letter, was agreed to and ordered to be transcribed, and a copy of a report made by this Board in the year 1703 upon some Acts, passed in the Island of Jamaica, for removing the seat of Government to Kingston, was ordered to be prepared and transmitted with the said letter for Mr. Trelawney's information, with respect to his proposal for the removal of the seat of government to that place.

Miscellanies.

Mr. Brown, agent for Henry Brown, Esquire, executor and administrator to Jeronimy Clifford, late of the Island of Surinam, deceased, attending, prayed their lordships to grant him a copy of a report made by this Board in the year 1705, upon a demand made by the said Jeronimy Clifford for damages sustained by him at Surinam on account of several unjust sentences and other oppressions of the government there, as also copies of the several papers in this office, relating to that transaction, in order to the further prosecuting such demand, and obtaining of the Dutch some satisfaction for the said damages; whereupon their lordships ordered copies of the said papers to be prepared and delivered to him.

St. Christophers.

Read a letter from Mr. Jessop, of the Council in the Island of St. Christophers, to Mr. Hill, dated at Ringland, the 9th of June, 1748, desiring him to acquaint the Board that he will attend on Tuesday the 28th, pursuant to Mr. Hill's letter.

Wednesday, June 15. Present:—Mr. Pitt, Mr. Leveson Gower, Lord Dupplin, Mr. Grenville.

Leeward Islands.

Read a letter from General Mathew, Governor of the Leeward Islands, to the Board, dated at St. Christophers, the 23rd March, 1747–8, relating to some suspicion he has that the Governors of Curacoa and St. Eustatia are concerned in French privateers,and complaining that the commanders of his Majesty's ships do not correspond with him; transmitting:—
Montserrat.
Minutes of Council, from the 29th of September to the 25th of December, 1747.

Leeward Islands.

Ordered that the draught of a letter to his Grace the Duke of Bedford, one of his Majesty's Principal Secretaries of State, for inclosing an extract of so much of the said letter as relates to the encouragement and protection given by the Governor of Curacoa to French privateers, and the commanders of his Majesty's ships not corresponding with him, be prepared.

Bahama.

Read a letter from Mr. Tinker, Governor of the Bahama Islands, to the Board, dated at New Providence, the 4th of April, 1748, containing a particular account of the present state of the Islands under his government, in answer to the Board's heads of enquiry.

Ordered that the draught of a letter to his Grace the Duke of Bedford, one of his Majesty's Principal Secretarys of State, be prepared, for inclosing an extract of so much of the said letter, as relates to the want of some additional force for garrisoning the forts built there, and the further protection of the Island.

Ordered that the draught of a letter to Mr. Tinker be prepared, in answer to such as have been received from him since the Board's last letter.

South Carolina.

The draught of a letter to James Glen, Esquire, Governor of South Carolina, having been transcribed, pursuant to the minutes of the 28th May, was laid before the Board and signed, and their lordships ordered a copy of the heads of enquiry usually given to the Governors of the several Colonies upon the continent of America to be prepared and transmitted therewith for his answer thereto, as also an Act, passed in the last session of Parliament, for encouraging the making of Indico in the British Plantations, together with an Act, passed in the year 1746, for extending the Provisions of An Act made in the 13th Year of his present Majesty, for Naturalizing foreign Protestants and others therein mentioned, as are settled or shall settle in any of his Majesty's Colonies in America, to other foreign Protestants, who conscientiously scruple the taking of an Oath, referred to in the said letter.

Jamaica.

The draught of a letter to Mr. Trelawney, Governor of Jamaica, having been transcribed, pursuant to the preceding day's minutes, was laid before the Board and signed.

Massachusets.

The draught of a letter to Mr. Shirley, Governor of the Massachusets Bay, in answer to two lately received from him, was laid before the Board, agreed to and ordered to be transcribed. And a copy of an Order of the Lords of the Committee of Council, dated the 16th June, 1746, referring to this Board a petition of the province of the Massachusets Bay, and also a letter from Mr. Wentworth, Governor of New Hampshire, relating to Fort Dummer, referred to in the said letter, to be prepared in order to be transmitted therewith, for a further account from the said Governor of the situation and utility of the said fort, and the expence the province has been at in maintaining it.

North Carolina.

The draught of a letter to Gabriel Johnston, Governor of the province of North Carolina, in answer to one received from him since the Board's last letter, was laid before the Board, agreed to and ordered to be transcribed.

Thursday, June 16. Present:—Mr. Pitt, Mr. Leveson Gower, Lord Dupplin.

Leeward Islands.

The draught of a letter to the Duke of Bedford, inclosing an extract of one from Mr. Mathew, Governor of the Leeward Islands, ordered to be prepared by the preceding day's minutes, was laid before the Board, agreed to, transcribed and signed.

Bahama.

The draught of a letter to the Duke of Bedford, inclosing an extract of one from Mr. Tinker, Governor of the Bahama Islands, ordered to be prepared by the preceding day's minutes, was laid before the Board, agreed to, transcribed and signed.

Mr. Jessop, one of the Council in the Island of St. Christophers, attending, prayed the Board would grant him copies of any papers that have been laid before their lordships by General Mathew, in answer to his memorial, relating to his suspension from the said Council, when their lordships informed him that they had no other papers laid before them than the depositions of Messrs. Wyke and Farril, copies whereof he mentions in his letter to the Board, dated the 2nd instant, to have been served with by order of General Mathew.

Bahama.

Read a letter from Mr. Tinker, Governor of the Bahama Islands, to Mr. Hill, dated at New Providence, the 4th of April, 1748, inclosing a list of the following public papers transmitted in box delivered to the charge of Captain Thomas Pulleine, and has been received, viz.:—
Treasurer's accounts, between Midsummer and Christmas, 1744.
Treasurer's accounts, from Christmas, 1744, to Midsummer following.
Treasurer's accounts, between Midsummer and Christmas, 1745.
An exact list of the number of prizes and captures of ships and vessels taken and brought into the port of New Providence, and there condemned, from the commencement of the Spanish war to the 25th of March, 1748.
Journal of the Council in Assembly, March, 1747–8.
Journal of the lower House of Assembly, from the 1st to the 19th of March, 1747–8.
A list of ships which have cleared out of the port of New Providence, from the 21st of April, 1741, to the 25th of March, 1748, in all 611 sail.
Ten Acts, passed in the Bahamas, in 1746 and 1747.

Ordered that the said Acts be sent to Mr. Lamb, for his opinion thereupon in point of law, as soon as conveniently may be.

New York.

Their lordships took into consideration the several letters received from Mr. Clinton, Governor of New York, since the Board's last letter to him, and agreed to reconsider the said letters to-morrow morning.

Friday, June 17. Present:—Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin.

New York.

Their lordships made a further progress in the consideration of Mr. Clinton's letters, mentioned in the preceding day's minutes, and agreed further to consider the same, and the several papers therewith received, to-morrow morning.

North Carolina.

The draught of a letter to Gabriel Johnstone, Esquire, Governor of the province of North Carolina, having been transcribed, as ordered by the minutes of the 15th instant, was laid before the Board and signed; and an Act, passed in the last session of Parliament, for encouraging the making of Indico in the British Plantations, referred to in the said letter, was ordered to be transmitted therewith, as also an Act, passed in the year 1746, for extending the Provisions of an Act made in the 13th year of his present Majesty, for Naturalizing foreign Protestants and others therein mentioned, as are settled or shall settle in any of his Majesty's Colonies in America, to other foreign Protestants, who conscientiously scruple the taking of an oath.

Saturday, June 18. Present:—Mr. Pitt, Mr. Leveson Gower, Mr. Grenville, Lord Dupplin.

New York.

Their lordships made some further progress in the consideration of Mr. Clinton's letters, and the papers received therewith, and agreed further to consider the same on Tuesday next.

Massachusets.

The draught of a letter to Mr. Shirley, Governor of the province of the Massachusets Bay, having been transcribed, pursuant to the minutes of the 15th instant, was laid before the Board and signed.

Tuesday, June 21. Present:—Mr. Pitt, Mr. Grenville, Lord Dupplin.

Bermuda.

Read Mr. Attorney and Solicitor General's report, dated the 18th instant, upon the extract of a letter from Mr. Popple, Governor of Bermuda (referred to them on the 8th instant), relating to his having, upon the Assembly neglecting to meet at a certain time to which they were adjourned, issued writs for the electing new representatives without the dissolution of the Assembly—wherein they are of opinion that the members returned on those writs were unduly chosen, and cannot constitute or sit as a legal Assembly.

Ordered that the draught of a representation to the Lords Justices be prepared, proposing that an instruction be forthwith sent to the said Governor, commanding him to dissolve the Assembly and issue writs for electing a new one—and that he be permitted to accept of a salary from the said Assembly.

New York.

Their lordships made a further progress in the consideration of Mr. Clinton's letters and papers.

Wednesday, June 22. Present:—Mr. Pitt, Mr. Grenville, Lord Dupplin.

New York.

Their lordships took into further consideration Mr. Clinton's letters and papers, and the draught of a letter to him, in answer to the said letters, ordered to be prepared by the minutes of the 8th instant, was laid before the Board, agreed to and ordered to be transcribed; and it appearing that there was a defect in the minutes of the Council and Assembly transmitted by him, many of which were wanting, a list thereof was ordered to be prepared and transmitted with the said letter, in order to his supplying such deficiency as soon as possible.

Bermuda.

The draught of a representation to the Lords Justices upon Mr. Popple's letter, ordered to be prepared by the preceding day's minutes, was laid before the Board, agreed to and ordered to be transcribed, and that the draught of such an additional instruction, as is proposed by the said representation, be prepared, to be therewith laid before their Excellencies.

Thursday, June 23. Present:—Mr. Pitt, Mr. Grenville, Lord Dupplin.

Bermuda.

The draught of an additional instruction to Mr. Popple, Governor of Bermuda, directing him to dissolve the Assembly and issue writs for calling a new Assembly, and for allowing him to accept a salary from the next Assembly so to be chosen, ordered to be prepared by the preceding day's minutes, was laid before the Board, agreed to and transcribed, and the draught of the representation to the Lords Justices therewith, having been transcribed, pursuant to the preceding day's minutes, was laid before the Board and signed.

Leeward Islands.

Mr. Joshua Sharpe attending in behalf of Mr. Jessop, suspended from the Council of the Island of St. Christophers by Mr. Mathew, moved their lordships that Mr. Jessop might be heard by counsel on Tuesday next the 28th instant, the day appointed for hearing what he has to offer upon the subject of his memorial to this Board, relating to his suspension, which was granted, and notice thereof was ordered to be given to Mr. John Sharpe, agent for Mr. Mathew, in support of the said suspension.

Antigua.

Their lordships took into consideration the state of his Majesty's Council in the Island of Antigua, and ordered the draught of a representation to the Lords Justices to be prepared, proposing Edward Otto Bayer, and Henry Douglas, Esquires, to be of the said Council, in the room of Richard Oliver and James Gordon, Esquires, who have been absent from their seats in the said Council for several years, and have not, pursuant to the Board's letter to them, mentioned in the minutes of the 6th of August, 1747, produced his Majesty's licence for such absence or signified any intention of returning to the said Island.

St. Christophers.

Mr. John Sharpe attending, moved their lordships to take into their consideration an Act, passed in the Island of St. Christophers, in August, 1746, entituled, An Act to indemnify the Sufferers for the Damages sustained by Depredations committed by the Enemy by Descents from their Ships of War or Privateers, and to lay the same before his Majesty, for his Majesty's disallowance thereof; and their lordships agreed to take the same into consideration on Wednesday next, when Mr. Sharpe was directed to attend, and a letter ordered to be wrote to Mr. James George Douglass, agent for the said Island of St. Christophers, to attend on the same day.

Bermuda.

The draught of a letter to Mr. Popple, Governor of Bermuda, in answer to his last letter, dated the 16th of February, was ordered to be prepared.

Friday, June 24. Present:—Mr. Pitt, Mr. Grenville, Lord Dupplin.

Antigua.

The draught of a representation to the Lords Justices proposing Edward Otto Bayer and Henry Douglas, Esquires, to be of the Council of Antigua in the room of Richard Oliver and James Gordon, Esquires, who have been several years absent from their seats in the said Council without his Majesty's licence, ordered to be prepared by the preceding day's minutes, was laid before the Board, agreed to, transcribed and signed.

Bermuda.

Their lordships took into consideration the draught of a letter to Mr. Popple, Governor of Bermuda, ordered to be prepared by the preceding day's minutes, and the same was agreed to and ordered to be transcribed.

Tuesday, June 28. Present:—Mr. Pitt, Mr. Grenville, Lord Dupplin.

St. Christophers.

Mr. Jessop.

Mr. Martin.

Mr. John Sharpe.

Mr. Joshua Sharpe.

Mr. James Farril.

Mr. Daniel Cunningham.

Mr. Mathew Mills.

Mr. John F. Pinny.

Mr. Wavil Smith.

Mr. Benjamin Bell.

Mr. Ede.

Captain George Frye.

Mr. Jessop, one of his Majesty's Council in the Island of St. Christophers, suspended from his seat in the said Council by General Mathew, attending, as desired, with Mr. Martin, his counsel, and Mr. Joshua Sharpe, his solicitor, as also Mr. John Sharpe, solicitor for Mr. Mathew, Governor of the Leeward Islands, in support of the said suspension, together with several other gentlemen belonging to the said Islands, their Lordships proceeded to take into their consideration the memorial and petition presented to them by Mr. Jessop on the 21st of February, 1745–6, relating to his suspension from the said Council, as also the attested copies of two depositions of Messrs. Wyke and Farril, relating to the said Jessop's being a Roman Catholic, laid before their lordships on the 27th of May last by Mr. Sharpe, as the Governor's reasons for his suspension of Mr. Jessop from the said Council, and the said memorial and petition, as also the attested copies of the said depositions, were read, which depositions are as follows, viz.:—
St. Christophers.
The deposition of William Wyke, of the Island of Montserrat, Esquire, taken before William Johnson, Esquire, one of the Assistant Justices of the Court of King's Bench and Common Pleas for the said Island.
This deponent being duly sworn, deposeth, That sometime in the year of Our Lord one thousand seven hundred and forty-one this deponent, being in the Island of Montserrat aforesaid, and passing by the house of James Farrill, who then lived in the said Island, did see Edward Jessop, of the Island of Nevis, Esquire, in a congregation met in the said house while Mass was said and sung by a Papish priest, and that he, the said Edward Jessop, was then in the middle of the congregation and seemed to be very attentive in a posture of devotion.
Signed: William Wyke.
Taken and sworn before me this 10th day of Aprill anno Domini, 1741. William Johnson.
True Copy, William Mathew.
The deposition of James Farril, junior, gentleman, taken before the Honourable Simeon Bouverone, Esquire, President of the Island aforesaid.

Who deposeth on the Holy Evangelist of Almighty God that in the year 1738 or thereabouts, and to the best of his, this deponent's, memory in the month of May, Colonel Jessop arrived at St. Omer's and put up at the Port D'Oran Inn, frequented by English travellers, and passed there by the name of the English Colonel, and the said Jessop soon after went to the English College of Jesuits at St. Omer's, where this deponent saw him very intimate with the Fathers of that college, and two or three days after it, being a day of devotion and religious ceremony with that Society, he, this deponent, saw and did observe the said Jessop in a very composed and reserved posture kneeling at the Communion Table of the Church of the English Jesuits of St. Omer's aforesaid, and was informed there also by several of the students that the said Jessop or English Colonel, was a professed Roman Catholic, and had lately placed one of his daughters in a convent; and this deponent says he firmly believes the said Jessop to be a Papist, being confirmed in that belief by his behaviour lately in this Island, where he, this deponent, was present, and saw him, the said Jessop, at Mass, and openly told several of his Roman Catholic friends that his daughter had lately become a nun in that profession, and further this deponent saith not.
Signed: James Farrill.
Sworn before me this 28th day of July, 1744. Simeon Bouverone.
True Copy, William Mathew.

Then Mr. John Sharpe having moved their lordships that before Mr. Martin, counsel for Mr. Jessop, should proceed upon his defence, there might be likewise read a minute of his Majesty's Council of the Island of St. Christophers of the 11th of July, 1743, relating to the admission of the Honourable William Pym Burt, Esquire, to the Office of Chief Justice of the Court of King's Bench and Common Pleas, objected to by Mr. Jessop, as also a minute of the said Council of the 18th day of July, 1743, containing a protest signed by Mr. Jessop and Mr. Cunningham, against the swearing in Charles Ducy Morton, William Gibbons and William Johnson, Esquires, as Justice Assistants of the Court of King's Bench and Common Pleas in this Island; the said minutes were read, and are as follows, viz.:—
At a meeting of his Honour the President and Council, on Monday, the 11th day of July, 1743, at the Town of Old Road.
Present:
The Honourable Joseph Estridge, Esquire, President.
Sir Charles Payne, Knight and Baronet.
Joseph Phipps Esquires.
The Reverend Walter Thomas
Edward Jessop William Ottley

St. Christophers.

It was proposed that the Honourable William Pym Burt, Esquire, be admitted to take the oaths of government, etc., at this Board as Chief Justice of the Court of King's Bench and Common Pleas for this Island, he producing a commission under the Great Seal from his Excellency, William Mathew, Esquire, our Captain General and Commander in Chief, to him, the said William Pym Burt, for that purpose, which being objected to; and upon the question being put, it was carried in the affirmative, upon which the Honourable Edward Jessop, Esquire, a member of the Board, desired leave to enter his protest against the same, and to give his reasons at the next meeting, and that any other gentleman of this Board be at liberty to sign the same; And thereupon the said William Pym Burt was called for accordingly, and took the oaths of government and subscribed the test as Chief Justice of his Majesty's Court of King's Bench and Common Pleas, and likewise took the Chief Justice's Oath.

Adjourned till Monday, the 18th instant, at the town of Basseterre.

At a Meeting of his Honour the President and Council, Monday the 18th day of July, 1743, at the Town of Basseterre.
Present:
The Honourable Joseph Estridge, Esquire, President.
Sir Charles Payne, Knight and Baronet.
Daniel Cunningham
The Reverend Walter Thomas Esquires.
Edward Jessop
William Ottley

Pursuant to a resolution of the last meeting of this Board the following protest was laid before his Honour the President and Council by Edward Jessop, Esquire, and was ordered to be entered, viz.:—

St. Christophers.

Dissentient 1. Because we conceive the appointment of a Chief Justice of this Island, by his Excellency without previously consulting the Board touching his fitness for that purpose, is not only contrary to known usage and experience, and the indisputable and universally allowed right of this Board to approve or disapprove any such appointment, but also to the express instructions of his Majesty to his Excellency on that head, which actually direct the appointment of all Judges to be with the consent and advice of the Council; and this we rather think deserves the warmest animadversion, in that his Excellency did in the last year constitute no less than three Judges at one time, without deigning so much as even to signify anything concerning the same to this Board, appointing by an usual method certain commissioners to take their oaths of qualification, by which bold and unwarranted step of his Excellency, seconded by this present measure, we apprehend he has exprest the plainest defiance and contempt of this Board and its authority, and discovered an evident intention to deprive them by degrees of all their right and influence, and by these repeated libertys to draw into a precedent, a power, which no Governor in Chief, but himself, has ever ventured to take upon him; neither was this open and avowed contempt of this Board the only mischief or cause of complaint, which that strange and unprecedented appointment was attended with, it being most notorious, that it gave the highest dissatisfaction and disgust to all the wiser and more considerate part of this Island, two out of the three so appointed, being persons of no visible estate or fortune, either in this Island or elsewhere (so that such appointment was not only flying in the face of the express instructions of his Majesty, which direct the Judges to be men of good estates and abilities, and not necessitous persons, but also in manifest contradiction to all the received rules of wisdom and policy, which forbid the office of a Judge to be exercised by men of mean fortunes or necessitous circumstances, from the high and apparent danger thereof to the properties of the subjects); one of which two was a military officer, and even in that the more unfit for the post he was thus promoted to, and besides that he was not so much as a fixt resident on the Island at that very time, was possest of the post of Brigade Major of the Militia of the Island of Antigua, a place of great profit in the gift of his Excellency, and the other a merchant or shop-keeper of a very few years standing on the Island, neither of them believed to be at all versed in the municipal laws of this country, or in the laws of England in general, or having any other or better pretensions to be preferred to the post of a Judge, than the base circumstance of being much in his Excellencey's favour and friendship.

2ndly. Because we apprehend it dangerous and impolitic, that any one person should engross so many considerable and lucrative posts as Mr. Burt is now possest of in this little Island, through the high favour of his Excellency, and by means of having married his sister, a circumstance in itself rendering him unfit for the office of Chief Justice, on account of the dangerous influence it may have on him; besides that, neither Mr. Burt's natural abilities or knowledge in the law, or any peculiar merit or judgment discovered in him in either of the two several periods, during which he before enjoyed this post, afford the least room to hope for any advantage to the suitors from his present promotion; and if even the strange and inconsistent medley of the other offices he already enjoys, such as Treasurer, Liquor Officer, Powder Officer, Governor of Brimstone Hill and Colonel of the Forts and Fortifications of the Island, be not thought too numerous, yet 'tis well known that according to the law and constitution of England, the office of Judge of the Court of Admiralty and that of Chief Justice of the Court of King's Bench are utterly incongruous in the same person; so that the suitors in the former are now in great measure, left without the hopes or means of that redress, which they are intitled to demand from the latter, whenever the former thinks fit to exceed the bounds of its jurisdiction and authority.

3rdly. Because it is extremely doubtful, whether, even at the time of this appointment by his Excellency of Mr. Burt, the office of Chief Justice of this Island was, or even now is, vacant, by Mr. Gordon, who has held the office for some years past, by virtue of an immediate warrant from her Majesty, the late Queen Caroline, and therefore was not liable to be displaced by the mere pleasure of his Excellency, having before his late departure for England, frequently and publicly declared (and it being the general opinion and undoubted belief of the whole Island), that he had an express leave from his Majesty, without prejudice to the enjoyment of his post, to be absent from the government for the space of one year, and although such licence has not publicly appeared, yet from so universal and settled belief of it, and from the high improbability that Mr. Gordon should have made such open and repeated declarations of it, if the same had not been true, it surely had well become the wisdom and caution of this Board, at least to suspend their belief and proceedings on this matter for some short and reasonable time, till the truth of it might be perfectly known, and the consequences well considered, rather than by an unnecessary precipitateness, or by an unadvised and unreasonable submission to his Excellency's mere will and pleasure, in a matter wherein their own right is so highly concerned and so palpably trodden under foot, to risk the dismall and fearfull consequences to the subjects and their properties, which must necessarily follow on the appointment of any person to the office of Chief Justice, when not vacant; seeing if that should prove to be the case, every judgment of the Court must necessarily be erroneous; and such a public and melancholy scene of confusion and disorder must inevitably be introduced, as that all the assiduity and penetration of the whole legislature would never be able effectually to redress all the grievances and mischiefs it would be fraught with, the shame and censure of all, which must undoubtedly lie on, and the complaints and accusations of the unhappy sufferers deservedly be levelled against the members of this Board, who could, by such an unexampled supineness and submission to his Excellency, neglect to exert that right, with which his Majesty has been pleased to invest us, for the weal and safety of the Island, and suffer the subjects' properties to be rendered so precarious by the mere pleasure of a person, who may, when that happens, be enjoying the profits of his government at a distance, with ease and impunity, and leave us to be sharers in the general mischiefs and calamities occasioned by his unwarrantable behaviour, and our indolence and unreasonable submission to it.
Signed: Edward Jessop.
Daniel Cunyngham.

And upon a motion made by Daniel Cunyngham, Esquire, and seconded by Edward Jessop, Esquire, that this Board come to a resolution that the appointing and swearing in the Honourable Charles Ducy Morton, William Gibbons and William Johnson, Esquires, as Justices Assistants of the Court of King's Bench and Common Pleas of this Island, without ever consulting, advising or even communicating the same to this Board, was a violation and contempt of the rights and priviledges of his Majesty's Council, a manifest breach of his Excellency's instructions, and dangerous to the liberties and properties of his Majesty's subjects of this Island; as such arbitrary appointments (if allowed of by this Board) may give his Excellency such an influence over these Courts, as may make both too dependant upon his will and pleasure.

And some debates arising, the question was put and it was carryed in the negative, upon which the said Daniel Cunyngham and Edward Jessop, Esquires, desired to enter their reasons of protest, at the next meeting of this Board.

Dissentient. Because we apprehend the putting a negative on this motion is a tacit approbation of the dangerous and arbitrary measure remonstrated against, and that a concession of this sort gives such a fatal sanction to a power thus usurped against all justice and example, as may tend to draw it into a precedent, which may hereafter be alledged in justification of any future appointments of Judges by the sole power and will of a Commander in Chief, and so the authority of this Board, and their right to advise in that important matter (already by this strange and unaccountable resignation of his Excellency's will and pleasure, rendered in great measure disputable), be in a short time entirely taken from them, and such persons imposed on the inhabitants for Judges of all their lives, liberties and properties, as neither have learning or abilities to decide the matters that may come in judgment before them, nor sufficient worldly means to guard them against venality and prostitution and the undue influence of a Chief Governor.
Signed: Edward Jessop.
Daniel Cunyngham.

Mr. Martin, counsel for Mr. Jessop, observed upon the memorial and petition presented to the Board by Mr. Jessop that they were dependant each upon the other, in as much as the memorial states a grievance of his being suspended without any justifiable reason, and the petition prays that Mr. Burt may not be appointed in his room, without an opportunity given him of making his defence. That if Mr. Jessop was unjustly suspended, Mr. Burt ought not to be approved, because there is no vacancy, besides that Mr. Burt's insufficiency, as well as his holding many other offices, was a reason for his not being put in Mr. Jessop's place: That he doubted not to convince their lordships that Mr. Jessop's suspension was arbitrary, unwarrantable and without authority, in order that a report might be made to his Majesty for his restoration.

That the reasons given by the Governor for Mr. Jessop's suspension have been very different, at one time declaring that the affidavits made by Wyke and Farril of Mr. Jessop's being a Roman Catholick were the foundation, at other times declared that his reasons for the suspension were not founded upon the affidavits, but upon his having obstructed his measures, which amounts to no more than Mr. Jessop's not being subservient to his will, and is a very unfit reason to be given by a British Governor; that another reason will appear from the books in their lordships' office; for upon Mr. Jessop's removal, and other vacancies happening by casualties, Mr. Mathew put into the Council first Mr. Burt, then Mr. Verchild and Mr. Markam, all three his nephews, from whence there appears to be a general scheme laid by Mr. Mathew to have a Council that would act with a total submission to his will: That those concerned for the Governor, knowing how improper such reasons as these were to be laid before their lordships, have therefore laid these two depositions of Mr. Jessop's being a Roman Catholick, but it does not appear that these depositions were regularly transmitted by the Governor as his reasons, or that their lordships have received any letter from Mr. Mathew thereupon, that they were only sent to the Governor's agent to be produced, when any reasons should be called for, and they ought not to be considered as such, because by the 12th article of the Governor's instructions he is directed not to suspend any of the Council without good cause, nor without the consent of the majority of Council, and in case of suspension to cause his reasons for so doing, together with the charges and proofs and their answer thereto, to be entered upon the Council books, and to transmit copies thereof to his Majesty, but if his reasons were not fit to be communicated to the Council, he may suspend any person without the consent of the Council, but he is nevertheless to send his reasons for so doing, as also for not communicating them to the Council: That the Governor should have declared then the depositions of Wyke and Farril were his reasons, that Mr. Jessop might have been at liberty to have made his defence, but that he had declared he himself did not believe them. If therefore the affidavits were not reasons, then there was no reason for the suspension, and if they were considered as reasons, such suspension was, however, arbitrary and unwarrantable: That there is no distinction between exceeding the bounds of authority, and acting without authority: That by the said instruction the Governor is restrained from removing a member of the Council without the consent of a majority of the Council, unless when the reasons are unfit to be communicated: That the depositions of Wyke and Farril were proper to be communicated, unless he thought the majority of the Council Roman Catholics, therefore no authority to remove him without consent of Council, which it is not so much as pretended he ever had.

That Mr. Mathew has not thought proper to transmit the minutes of the Council of the year 1744, when Mr. Jessop was suspended, but has sent over those of the years 1743 and 1745: That Mr. Mathew, having acted without authority, ought to be a sufficient reason for the restoration of Mr. Jessop: That with respect to the affidavits of Wyke and Farril, if what was set forth in them was true, Mr. Jessop would be the worst of men, and ought not only to be expelled the Council but all society, having served in several considerable offices, such as Provost Marshall, Naval Officer, Member of the Assembly, both in Nevis and St. Christophers, in the latter of which he was Speaker, and was afterwards appointed one of the Council, in all which offices he took the oaths and subscribed the test: That the oath of supremacy cannot be taken by a Roman Catholick without perjury, nor the test subscribed without his being guilty of the greatest insincerity, and although Mr. Jessop is desirous of being restored to his seat in Council, yet is he more solicitous of wiping off the aspersion thrown upon him by this false charge against him: That he should now proceed to shew that the depositions of Wyke and Farril were false and that the subscribers, who were both dead, were perjured. That as to what is set forth in the depositions of William Wyke, that he, passing by Mr. James Farril's house, saw Mr. Jessop at Mass there, when the same was both said and sung; the said Mr. James Farril was present to inform their lordships that to the best of his knowledge Mr. Jessop never was present at Mass in his house, nor does he believe he was present at Mass in any other place, and that his wife and two daughters have sworn the same thing, that as to Mass, being both said and sung, it was an absurdity, for the whole is either said or sung, and further he is informed that Mass is never celebrated by singing, but when three priests are present, and that three priests were never in that Island at the same time: That he had likewise testimonies to prove the bad character of Mr. Wyke, and, if necessary, the good one of Mr. Farril; that with respect to the affidavit of Mr. James Farril, he was nephew to Mr. Farril, now attending their lordships, and hoped that what he had to say would not have the less weight on account of his relation to him: That as to Mr. Jessop's being at St. Omer's in May, 1738, Mr. Ede, his brother-in-law, would testify that in the year 1737 Mr. Jessop married his sister, and soon after went to the West Indies, and can produce several letters from him from thence in the month of May, 1738, and after that time: That as to that part of Farril's affidavit, which relates to Mr. Jessop's daughter being placed in a convent, Mr. Jessop can prove that he brought his daughter into England in the year 1737, where she continued until the year 1741: and as to Mr. Jessop's being at Mass in Montserrat, he was ready to produce a recantation, signed by the said Farril upon his death bed, declaring that his having said that he saw Mr. Jessop at Mass, at his Uncle Farril's house, or elsewhere, was false: That one circumstance further was to be observed, that the making of these affidavits could only arise from the subscribers having mentioned these things in conversation, and being afterwards called upon to make oath of it, they chose rather to be perjured than discredit themselves by denying what they had said, but that he could not charge the Governor with procuring the said affidavits, but that it was very certain the Governor was not displeased with the affidavits, because a little time after he promoted one of the deponents to be a Lieutenant Colonel in the militia, and appointed the other a Councillor: That Mr. Jessop was not desirous of having anything concealed, and had therefore impowered him to declare to their lordships, that he was originally educated in the Romish persuasion, and has a daughter educated in the same way, but solemnly asserts that he has had no communication with the Church of Rome for these twenty six or twenty seven years: That he could not have been appointed to the offices he has held, if a Catholick, and that many were present to testify to his good character.

Mr. Martin then moved their lordships that the representation of this Board, dated the 17th January, 1738–9, recommending Mr. Jessop to his Majesty to be one of the Council of the Island of St. Christophers, might be read, and the same was accordingly read, as was also a minute of the Council of the said Island of the 24th of May, 1739, whereby it appeared that Mr. Jessop was on that day admitted a member of the said Council, having taken the oaths and subscribed the test, and then it was alledged by Mr. Martin and admitted by Mr. Sharpe that Mr. Jessop was suspended by Mr. Mathew on the 17th of August, 1744.

St. Christophers.

And to prove that Mr. Mathew had placed Mr. Burt in his room, Mr. Martin further desired that a list of the members of the said Council, transmitted by Mr. Mathew, with his letter to this Board, dated the 6th of February, 1744–5, might be read, and the same was accordingly read, whereby it appeared that Mathew Burt, James Verchild and Benjamin Markam, Esquires, were appointed by Mr. Mathew to be of the said Council to make the number seven.

James Farril.

Mr. Ede.

Then, in order to disprove the affidavits made by William Wyke and James Farril, Mr. James Farril being sworn, said that he had heard the said affidavits read, that he solemnly declared before God that Mr. Jessop was never present at Mass in his house in his lifetime, nor anywhere else to his knowledge, that his family and servants can testify the same, and that if Mr. Jessop had been there at Mass, a person passing by could not have seen him, so as to distinguish one person from another: That his wife and two daughters had deposed to the same purpose, since the suspension of Mr. Jessop: That Mr. Wyke, who made the said affidavit, was a notorious liar. Then being asked concerning the affidavit made by James Farril, his nephew, and what he knew of any recantation made by the said James Farril, he declared that he had seen the said affidavit, and that the day that the said James Farril died, he was shewed a recantation of the said Farril's, and was told by one Concannen, and Mr. Potter, who said they were witnesses to it, and that it was the said Farril's recantation, and was signed by him, but that he, the witness, does not know his handwriting: That the said James Farril was a notorious profligate, idle, wicked fellow. Then being cross examined, and asked if there was any other of his name in the Island, and if Mr. Jessop had ever been at his, the witness' house, he said that there was no other person of the name of James Farril, and that Mr. Jessop had often been at his house; and being further asked if Mr. Jessop had a daughter at St. Omer's in a religious house, he said he had heard that he had a daughter abroad in a religious house, but did not himself know it, but has heard it generally said so; and being asked if he knew her age, he said he did not; and being further asked what religion, Farril, who made the affidavit, died in, he said he died a Roman Catholick, and sent for him for the purpose of declaring it to him, but he did not go to him. Then Mr. Ede, being sworn, said that Mr. Jessop about the latter end of July or in August, 1737, married his sister at St. Paul's, that some little time after her marriage he went to Flanders to fetch his daughter, and brought her to London, and she was at his, the witness' house; that in November, 1737, Mr. Jessop went down to the Isle of Wight to embark for the Leeward Islands, and being asked if Mr. Jessop went to the West Indies, he said, he believed he did, because he received letters from him soon after his arrival, that the first letter he received from him was dated at St. Christophers, the 13th of March, 1737–8, but probably was not the first he wrote to him, because it does not mention his arrival: That he continued to correspond with him during his stay there, the last letter he received from him being dated in the year 1745, and by the letters he received from him, does not believe he was absent from those Islands; and being asked if he received any letters from Mr. Jessop in the year 1738, he said, he had received three, and produced several letters, the dates of which were read and are as follow, viz.:—
1st dated at Nevis, 20th May, 1738.
2nd dated at St. Christophers, 14th June, 1738.
3rd dated at Nevis, 21st July, 1738.
4th dated at St. Christophers, 5th April, 1739.
5th dated at St. Christophers, 17th March, 1739–40.

That he had received several other letters from the said Jessop, but had not kept them, it being only a friendly correspondence, and not upon business of trade; he further said that when Mr. Jessop went to the West Indies, his daughter was left here in England, and continued here many years, and being asked if the witness saw her in 1741, he said she came to his house in 1740 or 1741, as he believes, and being further asked if he could give any account of Mr. Jessop taking her to a convent, he said he believed he never did. That she went abroad in 1740 or 1741, and that before her going abroad she brought a Bill of Exchange to him, drawn at thirty days sight, but she having immediate occasion for the money, he took the Bill of her, as it was the same thing to him, and let her have the money, which he believes was about a hundred pounds, and being further asked if he ever heard she went by Mr. Jessop's orders, he said he did not know, but believes it was with his knowledge; and being cross examined and asked whether Mr. Jessop went to France or Flanders to fetch his daughter, he said he could not be positive, as to that, but believed to Flanders, where he understood his daughter was; and being asked if he received any letter from him while abroad, and at what place Mr. Jessop was in Flanders, he said he could not tell; and being further asked how long Mr. Jessop was abroad, he said he could not tell, but believed about a fortnight or three weeks; and being further asked what age Mr. Jessop's daughter was of, when brought to England, he said he could not tell, but believed about fourteen or fifteen, that he did not know how long she had been abroad, and that she was left to the care of her uncle, Mr. Jessop's brother at Norwich.

Wavel Smith.

And Mr. Wayvell Smith, being sworn, produced to the Board a list of the dates of the several letters which he had received from Mr. Jessop, from the time of his leaving England and during his stay in the West Indies, which said list was read, and the dates of the said letters are as follow, viz.:—
Newport, 30th November, 1737–8.
St. Christophers, 27th January, 1737–8.
Do. 13th March, 1737–8.
Do. 3rd June, 1738.
Do. 15th June, 1738.
Do. 7th July, 1738.
Do. 10th October, 1738.
Do. 14th December, 1738.
St. Christophers, 11th February, 1738–9.
Do. 14th September, 1739.
Do. 12th August, 1740.
Do. 25th November, 1740.
Do. 8th January, 1740–1.
Nevis, 7th March, 1740–1.
Do. 22nd October, 1741.

Benjamen Ball.

Mr. Benjamin Ball having been sworn, said, that he has corresponded with Mr. Jessop several years during his residence in the West Indies, and that he, Mr. Jessop, went down to the Isle of Wight, and embarked on board a ship belonging to him in the year 1737, from which time to the year 1745 he had kept a constant correspondence with him; and being cross examined and asked if he knew when in 1737 Mr. Jessop came to England from abroad, he said he knew nothing of Mr. Jessop's being in Flanders.

Wavel Smith.

Then Mr. Wayvell Smith being again called, to speak as to the offices Mr. Jessop had held in the Leeward Islands, and to his character, he said that Mr. Jessop came to the Leeward Islands with Lord Londonderry in the year 1728, at which time he, the witness, was in the Island in the execution of his office as Secretary of those Islands, that he, Mr. Jessop, first read in the Provost Marshall's office and was afterwards deputy to the Provost Marshall, that a vacancy happening of a Naval Officer, he was appointed to that office, until the Patentee in England should fill up the place;—that he drew his patent and verily believes gave him the oaths, that he was likewise Aide de Camp to Lord Londonderry, and made a colonel of the militia, and that he frequently gave him the oaths to qualify him for these employments, that he was well esteemed in all these capacities, and particularly in disciplining the militia, that he lived in great intimacy with him, and his character was a worthy, good natured man, esteemed by Lord Londonderry and all the people, for he had the art of pleasing them,—that he was also Major Brigade; and being asked if he was ever considered a Roman Catholic he said, he never was— that he had been told he had formerly been a Roman Catholic, but had renounced the errors of that church, and that he, the witness, was abroad nine years with him daily, and thought him a good Protestant; and being asked if Mr. Jessop was in any of the Assemblies of the Leeward Islands, he said, he did not know, but has heard and believed that he was; and being cross examined and asked if Mr. Jessop continued Provost Marshall after he was Naval Officer, and whether he was at the same time Aide de Camp and Major Brigade, he said he was, and being further asked whether Mr. Jessop attended the service of the Church of England, he said he believed he did, but he, the witness, was not often there himself.

John Pinny.

St. Christophers.

John Frederick Pinny, Esquire, being sworn, said that he had lived in the Island of Nevis with the said Jessop, whom he knew intimately, that he was chosen into the Assembly with him, the witness, for the same parish, and likewise churchwarden, and that while they were churchwardens they made it a rule to go constantly to church; that no one bore a better character than Mr.Jessop, and that he never heard of his being a Roman Catholic; and the witness being cross examined and asked when Mr. Jessop was chosen into the Assembly, he said, it was in the year 1739 or 1740, that he the witness, was in the Assembly two years, and left Mr. Jessop in the Assembly.

Daniel Cunningham.

Daniel Cunningham, Esquire, being sworn, said, that he knew Mr. Jessop in the Island of St. Christopher, and lived in intimacy with him; that Mr. Jessop served as churchwarden of a parish there, and was also an Assembly man and Speaker of the Assembly, but did not know the year, that he was Speaker, when called up to the Council in which he served with him, that he bore a general good character, and was in his opinion as worthy a man as ever came among them, and that he went to church when churchwarden, and being asked if he ever saw him at church, when not churchwarden, he said, he believed he had; and being further asked if he was ever considered as a Roman Catholic he said he never heard he was, has heard that he had been a Roman Catholic formerly.

Mathew Mills.

Mathew Mills, Esquire, being sworn, said that Mr. Jessop was a Councillor in St. Christophers all the time he, the witness, was there, that he knew him, but was not intimate; that his character was generally good and well liked, never heard his religion objected at that time, never till after the period he, the witness, was of the Council, and after Mr. Jessop's suspension—that he was with Mr. Jessop in the Council three or four years, that he, the witness, was of the Council in 1738, and came home in 1740–1; and being asked when he heard the objection as to Mr. Jessop's religion, he said, since his suspension, but never heard before that he had ever been of the Roman Catholic persuasion. Mr. Martin then acquainted their lordships that he had several more witnesses to the same purpose, but would not trouble their lordships with them.

Captain George Frye.

Captain George Frye being sworn and asked concerning the character of William Wyke, he said, that he knew him and that he was a weak man: That he did not think that he would have taken a false oath, but believed he had done it with regard to Mr. Jessop: That he had no regard to truth in common occurrences in conversation; and being asked if he knew Mr. James Farril, the younger, he said, he knew very little of him, that he was young and wild: That he had heard he had been guilty of incest, and that he had a bad character even from persons that countenanced him after he turned Protestant.

The counsel being withdrawn, their lordships agreed to proceed further in the consideration of this affair to-morrow morning.

Leeward Islands.

St. Christophers.

Read a letter from General Mathew, Governor of the Leeward Islands, to the Board, dated at St. Christophers, the 20th November, 1747, signifying that he has admitted Constantine Phipps, Esquire, to the Council there, who makes up the number seven.

Read a letter from General Mathew, Governor of the Leeward Islands, to the Board, dated at Antigua, the 24th of May, 1748, relating to his having suspended Benjamin King, Esquire, from the Council of Antigua, transmitting:—
Leeward Islands.
Minutes of Council of Antigua, the 12th November, 1747, relating to a memorial presented by Benjamin King, Esquire, containing a charge against the Governor.
Minutes of Council of Antigua, the 19th of May, 1748, relating to the suspension of Benjamin King, Esquire, from the said Council.
Two Acts, passed at Antigua, the 1st of February, 1747–8, and
An Act, passed in Nevis, the 16th of April, 1748.

Ordered that the said Acts be sent to Mr. Lamb, for his opinion thereupon in point of law, as soon as conveniently may be.

Resolved that the consideration of Mr. Mathew's reasons for the suspension of Benjamin King, Esquire, from his seat in Council, be postponed until the remonstrance of the Assembly, relating to that affair, mentioned in his letter, shall be received.

Bermuda.

Read an Order of the Lords of the Committee of Council, dated the 25th of June, 1748, directing this Board to prepare an additional instruction for William Popple, Esquire, Governor of the Bermuda Islands, directing him to take to himself the profits arising from granting licences for fishing for whales as heretofore, unless the Assembly shall think proper to make him such an allowance, as is recommended to them by the 26th article of his Majesty's instructions.

Ordered that the draught of an additional instruction for William Popple, Esquire, be prepared, pursuant to the above order, as also the draught of a report thereupon to the Lords of the Committee of Council.

Jamaica.

Read an Order of the Lords of the Committee of Council, dated the 25th of June, 1748, directing this Board to prepare an additional instruction for Edward Trelawney, Esquire, Governor of the Island of Jamaica, directing him not to pass any Act for taxing absentees in a greater proportion than the residents, without a suspending clause.

Ordered that the draught of an additional instruction for Edward Trelawney, Esquire, be prepared, pursuant to the above order, as also the draught of a report thereupon to the Lords of the Committee of Council.

Wednesday, June 29. Present:—Mr. Pitt, Mr. Grenville, Lord Dupplin.

St. Christophers.

Mr. Jessop attending, with Mr. Martin, his counsel, and Mr. Joshua Sharpe, his solicitor, as also Mr. John Sharpe, solicitor for Mr. Mathew, Governor of the Leeward Islands, in support of Mr. Jessop's suspension from the Council, their lordships further proceeded to take the said affair into their consideration, and Mr. Wavell Smith, Secretary of the said Islands, being asked whether the members of the respective Assemblies do take the oaths to the government and subscribe the test, he said that at St. Christophers they did, and he believed in all the other Islands; and also, that if the oaths were tendered to voters for Assembly men, they were obliged to take them;—then Frederick John Pinny, Esquire, being asked if he ever saw Mr. Jessop take the sacrament there, he acquainted their lordships he had not, not having ever taken the sacrament there himself; and it being asked if Roman Catholics are ever churchwardens in the Leeward Islands, their lordships were informed that at Nevis the Roman Catholics cannot settle, and at St. Christophers Roman Catholics could not be.

And then Mr. John Sharpe, in behalf of Mr. Mathew's suspension of Mr. Jessop, said, that he was sensible of the advantage Mr. Jessop had from the assistance of so learned and able a man as Mr. Martin, yet as facts are but supported by their own truths, he doubted not to justify Mr. Jessop's suspension: That before he came to the merits of the case, he should throw out of the question many things urged by Mr. Martin, which had no relation to it; that as to Mr. Martin's opening that Mr. Burt was an improper person to supply Mr. Jessop's place, on account of his holding many offices, it appeared by the evidence given to their lordships that Mr. Jessop had more places equally incompatible in Lord Londonderry's time, neither did Mr. Burt supply Mr. Jessop's place, it appearing from the Governor's return, produced to their lordships, that he was only appointed to make the number seven, pursuant to the Governor's instructions, but that these matters had no relation to the question: That as to Mr. Martin's impeaching Mr. Burt's character, that likewise was not the question; if it had been, he should have been very able to have defended it, but whether he was fit or unfit, that did not affect Mr. Jessop's case: That the aspersion thrown upon Mr. Mathew's character by saying his views were to fill the Council with his own creatures was unjust, and ought to be expelled the case, it being no vindication of Mr. Jessop's suspension: That it was not the want of complaisance, but obstructing his Majesty's service was the charge against Mr. Jessop.

St. Christophers.

That it had been said that it was four years since Mr. Jessop's suspension and no reasons were given …… by the 12th article of the Governor's instruction, and that therefore the Governor had no authority by that instruction to remove him; but he should submit to their lordships that he was not obliged by his instruction to communicate his reasons either to the party removed or to the Council, but had a discretionary power; that Mr. Jessop, if he had desired to have known the reasons, he might have petitioned to have them sent over by the Governor, and might have obtained an order for that purpose, as is the usual method; but that was not the case, Mr. Jessop appears plainly to have been apprised of the reasons, by his taking affidavits to clear himself of the charge: That as to what had been urged by Mr. Martin, that the reasons, as also the proofs and charges, ought to have been entered upon the Council books, but that it was difficult to know what were the real reasons. It plainly appeared from the instruction that the Governor had a discretionary power in this case, and as to the reasons, they plainly appeared upon Mr. Jessop's own petition: That it had been further urged that if the affidavits had been the reasons, the suspension should have been founded upon them, whereas the Governor had declared he did not believe the affidavits; to which he should submit that incredible, that the Governor should not have given credit to the affidavits, the truth of which he hoped to verify out of the mouths of Mr. Jessop's witnesses; that as to what had been said of Mr. Mathew having no authority to remove Mr. Jessop without consent of Council, and that the reasons were proper to be communicated, the nature of the case did not require their being laid before Council, because if he was a Roman Catholic, or had obstructed the measures of government, in either case he ought to be removed: That having then endeavoured to lay out of the case such points as have no relation to it, he should proceed to the merits of the case and the facts, in which he should be as brief as possible, and submit what he had to say under three heads.

1st. Mr. Jessop's being a Roman Catholic, of which if he was only suspected, he ought to be removed.

2ndly. Obstructing his Majesty's service with indecent expressions, which would also justify his suspension.

3rdly. His sitting as a member of the Assembly of Nevis, when in the Council of St. Christophers, which is set forth in his own petition.

St. Christophers.

That as to the first point of Mr. Jessop's being a Roman Catholic, and Mr. Martin's expressing great uneasiness at so heavy a charge being brought against him and no proof sent of it; there had appeared no great solicitude on Mr. Jessop's part to bring it on, though depending a great while, and that he was at length, called upon to his own justification. That as to the fact, nothing could be a clearer proof than the affidavits, in the first of which Wyke swears he saw Mr. Jessop at Mass in Farril's house, in a posture of devotion; that Farril's affidavit was still stronger, and therefore he shall lay the greater stress upon it. Affidavit sets forth that in the year 1738 or thereabouts, so that there is no fixed time, nor can the memory always serve as to time, a person may be sure of a fact but not the time, it further says, to the best of his memory, so that he is still uncertain as to time, but plainly positive as to the fact, the circumstances of which are very particular, it sets forth that Mr. Jessop arrived at St. Omer's, put up at the Porte D'Or, saw him intimate with the Jesuits and at the Communion Table, and that he, the deponent, was told by the students he was a Roman Catholick, and had lately placed his daughter in a convent, and his having been at Mass at Montserrat. That these affidavits were taken and laid before the Governor, there appears no sort of doubt; and if they were true, there was no doubt of Mr. Jessop's being a Roman Catholic, and therefore if the Governor had suffered Mr. Jessop to remain in the Council he would have been blameable, besides that, the Governor had received like information from gentlemen of character, but it was a fact he could not prove, and therefore no evidence. Upon the whole, when the tenets of the Roman Catholic religion are considered, the general disaffection of people of that persuasion to the government; that this was a time of open war with France and Spain. That by the 11th instruction the Governor is to take care that the Councillors be men of principle and well affected, Mr. Mathew was surely not blamable for suspending Mr. Jessop, but would have been censured if he had not. That as to the objection made to the truth of the affidavits, Mr. Martin had admitted that if they were true, they were sufficient reasons for Mr. Jessop's suspension. That the only evidence as to Wyke's affidavit was that of Mr. James Farril and Captain Frye: That he did not doubt their being gentlemen of credit, but what was it Mr. Farril said, that Mr. Jessop was never at Mass in his house to his knowledge, which was not sufficient to contradict a positive oath; Mr. Jessop might have been at Mass in the house, and Mr. Farril not know it, and therefore both may be true. Prudence might require it should be without the privity of Mr. Farril or his wife and daughter. That with respect to the attempt to impeach Mr. Wyke's character, Mr. Farril says he was a notorious liar, Mr. Frye, that he was a weak man, but never imagined him capable of taking a false oath, till now; a man may have no regard to truth in common parlance, yet would not perjure himself; as to being a weak man, that was no objection to his speaking truth. That therefore nothing had been offered to destroy his credit, that would bear a question in Westminster Hall. As to Mr. Farril's affidavit, it sets forth, that the deponent saw Mr. Jessop at Mass in Montserrat, which is attempted to be disproved by Mr. Farril, senior, who says, Mr. Jessop was never at Mass to his knowledge, which may be true, and yet the affidavit very true too. That Mr. Martin in his opening had mentioned and seemed to lay great stress upon a recantation made by Mr. Farril upon his death-bed, which appears to be no more than the copy of a paper called a recantation given to Mr. Farril, the witness, by two persons who said they saw young Farril sign it, but there is no affidavit of these witnesses, the original recantation not produced, and if it had been produced, Mr. Farril could not tell his nephew's handwriting: That the affidavit was made upon oath, which this recantation was not so much as said to be, but made in articulo mortis by a person dying in the Romish persuasion. That he could have drawn strong arguments from this in support of the question, but not being proved or read in evidence, should decline any further observations upon it: That as to the deponent's character, Mr. Farril says he was a very wicked profligate fellow, doubtless a bad character. Mr. Frye says he was young and wild, but Mr. Farril does not say he believes he would perjure himself, or that no regard ought to be paid to his oath; he might have been wicked, but not to such a degree as to perjure himself, and that as to what Mr. Frye said of his being young and wild, that could have no weight. That many persons were called upon to prove Mr. Jessop's going to the West Indies in 1737 and that his daughter was in England from 1737 to 1741, the truth of which he is ready to admit, as also the inference of his not being at St. Omer's in 1738, but this evidence did not affect the truth of the affidavit, wherein no positive time is mentioned, but the fact positively asserted and not denied, but verified in the strongest manner by Mr. Jessop's witnesses. That it appears from Ede's evidence that Mr. Jessop married his sister in July or August, 1737, and soon after went abroad to fetch his daughter home,—he believes to Flanders, but that he did not go abroad is certain; that this brings it within a few months of the time mentioned in the affidavit, the only difference being between the end of the year 1737 and May, 1738; if the fact be true the time immaterial, and his being abroad to fetch his daughter strongly tends to prove the fact: That it had been proved and admitted that Mr. Jessop was originally a Roman Catholic: That Mr. Farril, on cross examination, had declared that he had heard Mr. Jessop's daughter was in a seminary abroad: That Mr. Ede proves his going abroad to fetch his daughter, goes further, for he proves that the daughter was of the age of fourteen or fifteen, which was a material circumstance: That she was left under the care of Mr. Jessop's brother. That in 1740 or 1741 he paid her a Bill of one hundred pounds, drawn by her father upon his correspondent, before it was due, she being preparing to go abroad and could not stay, he believed with Mr. Jessop's knowledge: That this evidence supports that part of the affidavit, which sets forth Mr. Jessop's daughter being in a nunnery, and therefore is a contradiction to the recantation, if it had been proved, as that goes to the whole.

That as to what had been urged that Mr. Jessop held many offices, and that he was well esteemed, he admits it, as also what had been said of his being a churchwarden in different Islands; that he often went to church when churchwarden, that he had taken the oaths, and was never considered as a Roman Catholic: That as to Mr. Jessop's character (except as to his being a Roman Catholic) he had no instructions to offer anything against it: That as a Roman Catholic, he may be a worthy man, but not proper for a place of trust according to our constitution, and therefore Roman Catholics are never admitted to such trusts in England.

St. Christophers.

As to his appearing to be a Protestant to his friends, he would doubtless conceal his religion, and if he went to Mass, not suffer it to be known: That as to his being a churchwarden, it being a burthensome office, persons of all persuasions are chose to it; and as to his signing the test, he could not tell what dispensations might be given by the high power in that church, but he supposed they might easily be obtained, and therefore all the evidence in support of Mr. Jessop not sufficient to overturn the affidavits: That if it be considered where his own daughter is, with his knowledge, and at his own expence, that will throw a strong suspicion of his being a Roman Catholic; whereas a person in so high a trust as that of Councillor ought to be free from all suspicion. This fact alone, in the sense of his Majesty and his Council here, and the legislature of a great kingdom, sufficient to establish the whole, it being declared by two several Acts of Parliament of Ireland of the eighth Queen Anne and first of George the second, that if any converts shall educate their children in the Roman Catholic religion, they shall be subject to all incapacities of Papists: That this shews what has been considered as the true test of a convert, and therefore if Mr. Jessop had been really a convert, he would have educated his children in the Protestant religion, and that his not doing it shews a tendency at least to the Roman Catholic religion, therefore improper to be a Councillor, and Mr. Mathew not arbitary in his proceedings: That a strong reason for supporting a removal of one suspected to be a Roman Catholic, was, that as there are already more Roman Catholics in those parts than one could wish, so doubtless if a gentleman having a daughter, who is under his power, educated a Roman Catholic, should sit at the Council Board, it would be a great encouragement to Popery.

That having now gone through the first head proposed, he should proceed to consider the second, that of Mr. Jessop's obstructing his Majesty's service; for which purpose he referred their lordships to the protests signed by Mr. Jessop and Mr. Cunningham, that had been read to their lordships, and the manner in which it was worded: That Mr. Martin had said the protest was no objection, and was a reason properer to be given by a French king than a British Governor, but he begged leave to say, it was the strongest reason that could be given: That the Council are appointed by his Majesty to give their advice and assistance to the Governor, not to control him, that they may do this with freedom, but at the same time with a decency suitable to the character of the Governor, not by inflammatory protests penned in such a manner to traduce and lower the Governor in the eyes of the people: That protesting is unjustifiable and illegal, when the Council sits as a Council of State, though it may be allowable in a legislative capacity: That this protest was founded on Mr. Burt's being appointed Chief Justice without consent of Council, whereas it appears from the minute of Council of the day of his admission that it was proposed and regularly debated in Council, and determined by a majority that he should be appointed: That this not only a protest, but a libel against the Council—and by the manner of wording it, it could only be done to sow sedition and stir up the people against the Governor and the majority of the Council: That if Mr. Jessop apprehended any wrong done by the Governor, the proper way would have been to have represented it to his Majesty, as has always been done in cases of that kind, and not to have appealed to those, who had no power to redress: That this proceeding ought not to be countenanced, as it has a view to expose the Governor to the contempt of the people.

That as to the third head, that Mr. Jessop was a member of the Assembly at Nevis, while in the Council of St. Christophers, he should only submit whether such a thing was proper to be allowed of; that in Jamaica a person removed from the Council had been elected into the Assembly after his suspension, and that deemed a sufficient reason for not restoring him: That Mr. Jessop accepting a seat in the Assembly of Nevis incapacitates him from sitting in the Council at St. Christophers, they being all under the same government.

St. Christophers.

Then Mr. Sharpe desired that the 11th and 12th articles of Governor Mathew's instructions, relating to the qualification and suspension of Councillors might be read, and the same were accordingly read. And Mr. Martin desiring further time to make his reply, their lordships appointed to-morrow morning for the further consideration of this affair, when all parties were ordered to attend.

The consideration of the Act, passed in the Island of St. Christophers in 1746, for indemnifying the sufferers by Depredations from the Enemy's Ships of War and Privateers, appointed by the minutes of the 23rd instant, for this day, was further postponed to Thursday the 8th day of July.
Post Meridiem.

Present:—Mr. Pitt, Mr. Grenville, Lord Dupplin.

Jamaica.

The draught of an additional instruction for Edward Trelawney, Esquire, Governor of Jamaica, directing him not to pass any Act for the future for taxing the absentees in a greater proportion than the residents, without a suspending clause, having been prepared, pursuant to the preceding day's minutes, was laid before the Board, agreed to and ordered to be transcribed, and the draught of a report thereupon to the Lords of the Committee of Council, ordered to be prepared by the said minutes, was agreed to, transcribed and signed.

Bermuda.

The draught of an additional instruction for William Popple, Esquire, Governor of Bermuda, directing him to take to himself the profits arising by licences for fishing for whales, unless the Assembly make him the usual allowance in lieu thereof, having been prepared, pursuant to the preceding day's minutes, was laid before the Board, agreed to and ordered to be transcribed, and the draught of a report thereupon to the Lords of the Committee of Council, ordered to be prepared by the said minutes, was agreed to, transcribed and signed.

The draught of a letter to William Popple, Esquire, Governor of Bermuda, having been transcribed, pursuant to the minutes of the 24th instant, was laid before the Board and signed.

New York.

The draught of a letter to George Clinton, Esquire, Governor of New York, having been transcribed, pursuant to the minutes of the 22nd instant, was laid before the Board and signed.

Thursday, June 30. Present:—Mr. Pitt, Mr. Grenville, Lord Dupplin.

St. Christophers.

Mr. Jessop attending, with Mr. Martin, his counsel, and Mr. Joshua Sharpe, his solicitor, as also Mr. John [Sharpe] solicitor for Mr. Mathew, Governor of the Leeward Islands, in support of Mr. Jessop's suspension from the Council; their lordships further proceeded to take the said affair into their consideration, and Mr. Martin desired that Mr. James Farril might be asked as to his belief of his nephew Farril's having declared upon his death-bed that he had sworn falsely against Mr. Jessop, and whether he had any conversation with Mr. Mathew, the Governor, concerning the truth of the affidavits made by William Wyke and his said nephew Farril;—with respect to the first question Mr. Farril said he believed his nephew did make such a declaration, because he had seen the papers, and that Mr. Concannen and Mr. Potter told him they were witnesses to it, and to the latter question all that he knew was, he had reason to believe that Mr. Mathew did not believe those affidavits to be true.

St. Christophers.

Then Mr. Martin, in reply to what had been offered by Mr. Sharpe, said, that he would not take up their lordships' time with civilities betwixt him and Mr. Sharpe, but proceed to what he had to offer, in which he should not regularly follow Mr. Sharpe, because when Mr. Sharpe was laying certain matters out of the case, he might as properly have laid some of his own observations out of the case too, such as the places held by Mr. Jessop being incompatible: That Mr. Burt's places were all given by the Governor, whereas only one of Mr. Jessop's, that of Major Brigade, was given by him, as also that Mr. Jessop had been dilatory in prosecuting his defence, which, however, was not the case, Mr. Jessop having taken all possible means to bring it on; but as these matters had no proper relation to the question, he should confine himself solely to the merits of it; he observed that their lordships might, in their representation to his Majesty upon this affair, follow two methods, either confine themselves to the reasons Mr. Mathew has given for Mr. Jessop's suspension, or consider whether, upon the whole circumstances of the case, Mr. Jessop is a fit person to be restored to the Council; and therefore supposing that their lordships will confine themselves to Mr. Mathew's reasons, he shall lay out of the case two thirds of Mr. Sharpe's argument, namely Mr. Jessop's obstructing the Governor's measures, and his being an Assembly man at Nevis; and then the question is the Governor's reasons: That as to believing Mr. Jessop to be a Roman Catholic upon the faith of the affidavits, that ought to be no reason, because they were taken ex parte, no persons examined to prove Mr. Jessop a Roman Catholic, and therefore the Governor founded his opinion upon hearing one side only: That as to what Mr. Sharpe says that the Governor is obliged by his 11th instruction not to appoint persons, but such as are well affected to the government, and from thence concludes that a bare suspicion is a sufficient reason for a removal of a Councillor,—it may be a proper reason for not appointing a person, where there is suspicion, and no injustice done, but a person appointed by his Majesty ought not to be removed without a full hearing on both sides: That by the 12th instruction the Governor had no authority to remove Mr. Jessop, Mr. Jessop, Mr. Sharpe had contradicted by saying the Governor had by that instruction a discretionary power, which could not be so, because if the Governor does remove any Councillor without the consent of Council, or communicating to them his reasons for such suspension, he is still obliged to send home, not only his reasons for the suspension, but also his reasons for not communicating them to the Council: That in this case the Governor has plainly removed Mr. Jessop for reasons very proper to have communicated to the Council, therefore contrary to his instructions and without authority: That the Governor should have communicated the affidavits to the Council as proper for their consideration, and that Mr. Jessop might have an opportunity of exculpating himself and the whole matter have been heard; but doubtless he had other reasons.

St. Christophers.

Secondly, supposing their lordships to consider the whole circumstances of the case, it appeared plainly from the evidence that Mr. Jessop was as fit a person to be of the Council now, as when his Majesty appointed him to that office: That Mr. Sharpe has insisted much upon Mr. Jessop being educated a Roman Catholic, that he had a daughter brought up in the same persuasion, and put into a convent with his consent. That as to education, there were many instances of persons, who had quitted the Church of Rome, being admitted to great employment, and particularly Lord Waldegrave, who had also a sister and daughter in a convent, at the same time that he was Ambassador.

St. Christophers.

That Mr. Sharpe seemed to pin his case upon Mr. Jessop's having a daughter in a convent:—which was a fact no otherwise established than by Mr. Farril's belief, but if it had been established, does not infer a suspicion of Mr. Jessop's being a Roman Catholic, as every parent is not answerable for the dutiful behaviour of a child; that besides it appeared that Mr. Jessop brought his daughter home, when of an age proper for a convent, which he would not have done, if she had been intended for a Roman Catholic; neither is it likely he would have chose to have had his only daughter educated in a convent: That as to the Irish Act of Parliament, quoted by Mr. Sharpe, it enacts that having a daughter in a convent should be evidence of the father's religion, which shews it was not in its own nature or in the sense of the legislature, sufficient proof; that this Act was made for the discouragement of Popery, and therefore to lay persons under a necessity of educating their children protestants by making their education evidence against the father: That as to the affidavits, Wyke's had been falsified by the clearest evidence, for Mr. Farril swears Mr. Jessop was never at Mass in his house to his knowledge, or anywhere else as he believes: That as to Farril's affidavits the particular circumstances therein are no proof, for if a man swears falsely he may easily add circumstances, that it had been plainly proved that Farril had asserted a falsehood as to time, as also to Mr. Jessop's putting his daughter into a convent before 1737. That as to what Mr. Sharpe had said, that the times were not fixed in Farril's affidavit, he could not possibly mistake a year or two, for Mr. Jessop could not be at St. Omer's after 1738, because it was clearly proved that he went in 1737 to the West Indies, and continued there till 1745, and they were ready to prove that Mr. Farril was expelled from St. Omer's in the beginning of the year 1737, and did not return until 1738: That both the persons who made the affidavits had very bad characters; whereas Mr. Jessop had a good character, and having frequently taken the oaths to the government, must be perjured, if the affidavits were true: That as to Mr. Jessop's obstructing measures, or that he was of a turbulent temper and willing to sow proved that Mr. Jessop was determined, right or wrong, to oppose measures, or that he was of a turbulent temper and willing to sow sedition there would have been some pretence,—but the only instance produced does honour to Mr. Jessop, it appearing from the protest that Governor Mathew appointed Mr. Burt to the office of Chief Justice without the consent of Council, and when another Chief Justice subsisted, who had licence to be absent, and the Governor knew it. That Mr. Burt was Judge of the Admiralty, which is an office incompatible with that of Chief Justice: That as to what Mr. Sharpe had said that Mr. Jessop had no right to protest—it has been usual in those Islands: That there was no reason given but the indecent language made use of—a language which he hoped would always be used upon such an occasion. A phlegmatick man might indeed be satisfied with a bare dissent, but a man, who in the zeal of his heart disapproves a measure, will use such expressions as are suitable to the occasion; his zeal for his Majesty's service and for his instructions. That as to his being an Assembly man at Nevis, whilst a Councillor at St. Christophers, the offices were not inconsistent; that it was common to have a member of the House of Lords in Ireland in the House of Commons in England; and that Mr. Burt was a member of the Assembly at St. Christophers, when appointed one of the Council at Nevis by General Mathew: That this is, however, now out of the question, because Mr. Jessop is not now in the Assembly at Nevis, and therefore that can be no objection to his restoration.

Mr. Martin then produced a letter received by Mr. Ede from Mr. Jessop's daughter, dated at Louvain, the 27th November, 1742, inclosing one for her father, which she desires Mr. Ede would forward to him, and complains of her not having heard from him for fourteen months, which letter Mr. Ede said he had received from Mr. Jessop's daughter, and believes it to be her handwriting, and the said letter was read. Then Mr. Martin desired that Doctor Peter Cannovan might be examined as to the expulsion of Mr. James Farril, junior, from the College of St. Omer's in 1737, and the said Doctor Peter Cannovan, being sworn, acquainted their lordships that he went to St. Omer's from London in the year 1735 with young Mr. Farril, when he was admitted, that he stayed there until September, 1737, and that sometime before that time Farril was expelled the College; and being asked if Farril then quitted the town, he said he believed he did, for he never saw him since, but heard he returned to St. Omer's. That he, the witness, being at Anjou, received a letter from Mr. Farril, dated at Liege, two or three months after he quitted St. Omer's, and being asked if Mr. Jessop was at St. Omer's while he was there, he said, he was not, for he should have seen him if he had, he being acquainted with the witness's father and had some money in his hands sent him by his father, which Mr. Jessop remitted to him.

The parties being withdrawn, their lordships agreed to take this affair into consideration on Tuesday next.