Journal, October 1734: Journal Book L.L

Journal, October 1734

October 1. Present:–Mr. Bladen.

New England.

Contractor for Naval stores obstructed, Governor written to.

A letter from Mr. Burchet, inclosing the copy of one from Mr. Gulston, contractor for masts for masts for the Royal Navy, complaining of obstructions he meets with from the people of New England, was read; and directions being given for writing to Mr. Belcher, Governor of New England, upon that subject, and for inclosing a copy thereof to Mr. Burchet, as likewise to propose that the captain of the station ship at New England may be appointed judge of the Admiralty with power of appointing a deputy; the said letters were agreed and ordered to be sent [fo. 174].

Miscellanies.

Incidents of this office sent to the Treasury.

The Secretary laid before the Board the account of the incidental charges of this office, from Midsummer to Michaelmas, 1734, and a letter to the Lords of the Treasury, desiring payment thereof. as also of the salaries due to the Secretary and other officers in the service of this Commission, was signed.

Jamaica.

Report, to confirm Charlton's Act, signed.

The representation, ordered to be prepared the 10th of the last month, for confirming the Act to establish the right and title of Edward Charlton, Esq., to three parcels of land, etc., in Jamaica, was agreed and signed.

October 2. Present:–Mr. Bladen.

Nova Scotia.

Mrs. Campbell's £2000 not to include her demands for arrears of rent.

Colonel Cavalier attending, in behalf of Mrs. Agatha Campbell, and informing the Board that by the deed prepared by Mr. Paxton for the purchase of her rights in Nova Scotia, the two thousand pounds consideration money seemed to include the arrears of quit rents due to her; directions were given for acquainting Mr. Paxton that their Lordships always intended that the arrears of quit rent, due to Mrs. Campbell, might be received by her from her tenants, exclusive of the two thousand pounds.

October 10. Present:–Mr. Docminique, Mr. Bladen.

South Carolina.

Quit rent law considered.

Mr. Attorney and Mr. Solicitor General attending, the Board took into consideration the two draughts of the quit rent law of South Carolina, and agreed to consider further thereof on Tuesday next.

Post Meridiem.

October 15. Present:–Mr. Docminique, Mr. Bladen.

South Carolina.

Quit rent law considered.

Mr. Attorney and Mr. Solicitor General attending, the Board took again into consideration the draughts of the quit rent law of South Carolina, and made a progress therein.

October 16. Present:–Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell, Sir A. Croft.

Maryland.

Pennsylvania.

Lord Baltimore's petition for the three counties, to be heard next Monday.

The Lord Baltimore, Proprietor of Maryland, attending, as he had been desired, with Mr. Strange, his counsel, and Mr. Sharpe, his solicitor; as also Mr. Paris, in behalf of Messrs. Penns, the Proprietors of Pennsylvania; their Lordships proposed to have made a progress in the consideration of the Lord Baltimore's petition, read the 28th of August last, in relation to his title to the three lower counties; but Mr. Paris desiring some further time may be appointed, he not having had sufficient time to prepare himself to answer the Lord Baltimore's petition, their Lordships appointed Monday next at eleven of the clock in the morning [fos. 147, 165].

Trade.

Flanders, duty on pit coal.

A letter from the Lord Harrington, of the 11th instant, with Extract of Mr. Daniel's letter to the Lord Harrington, dated August 21st, 1734, inclosing a
Memorial to the Archduchess, Governess of the Austrian Netherlands, relating to a new duty laid there on English pit coal, as also
Extract of a second letter from Mr. Daniel to his Lordship, of October 9th, 1734, inclosing Mr. MacNeny's letter, with an answer to the said memorial,
was read, and a progress was made in the consideration thereof.

October 21. Present:–Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell.

Maryland.

Pennsylvania.

Hearing about the title to the three lower counties.

The Lord Baltimore attending, as he had been desired, with Mr. Strange, his counsel, and Mr. Sharpe, his solicitor, as also Mr. Penn, one of the Proprietors of Pennsylvania, with Serjeant Eyres, his counsel and Mr. Paris, his solicitor, as also Mr. Clement and Mr. Partridge, the Board took again into consideration and read the Lord Baltimore's petition, mentioned, in the Minutes of the 16th instant, as also his Lordship's patent for the Province of Maryland [fo. 164].

Mr. Strange then enlarged upon the subject of the said petition and said, that from the year 1632, in which time the patent bore date, to the year 1685, my Lord Baltimore's ancestors had had an uninterrupted possession of that part of Maryland, now claimed by Mr. Penn; that if Mr. Penn would produce his title to the land in question, my Lord Baltimore could have no pretence thereto, but if that he did not, he conceived the land in question did certainly belong to the King, or to the Lord Baltimore; in which case he hoped their Lordships would be of opinion to report favourably upon the Lord Baltimore's petition to His Majesty.

Hearing adjourned to 20th December.

Serjeant Eyres, in behalf of Mr. Penn, acquainted the Board, that two of the Mr. Penns being gone to Pennsylvania, several material papers were wanting to make out their title to the said three lower counties, and therefore desired their Lordships would allow them two or three months longer to prepare themselves upon this subject; which the Lord Baltimore's counsel opposing, all parties were desired to withdraw, that they might among themselves fix upon a day on which all parties should be ready; and after some time the said parties being called in again, Friday, the 20th of December, was agreed upon by the Board, and all parties concerned, for the final hearing of the said affair.

October 22. Present:—Mr. Docminique, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

South Carolina.

Lowndes's letter about lands claimed by him in Carolina, etc.

The Board having this day received a letter from Mr. Thomas Lowndes in the following words [fo. 34]:
My Lords,
"I must be allowed the liberty to observe to your Lordships that about four years ago, I sold a barony of land in South Carolina, the grant of which, except the trustee's name, was just the same with that purchased by Mr. Rutherford, (which has long lain in your Lordships' office); and I took bonds payable at a future day for the purchase money; sometime after the bonds were become due, I put them in suit, and the security, one Mr. Cotton of Cutler's Hall, an attorney of much fame, by direction as he said, of Wright, the purchasers brought a bill in the Exchequer at Westminster, praying that the bonds might be delivered up cancelled, for that the grant, for the purchase of which they were given, was void for uncertainty, there being no bounds, metes or limits described in it.
"I, by order of Court, set forth the grant in haec verba and pleaded the saving clause in the Act of Parliament for the Crown's purchase of Carolina, and my answer was not only allowed to be sufficient and good, but after several hearings before the Lord Chief Baron and the three other Barons, the purchaser's bill was dismissed with full costs, which together with the purchase money was levied upon the securities, goods, etc., in Hertfordshire and Middlesex; your Lordships' solicitor may give you full information of the whole proceedings, for we fought all the weapons through.
"The records of the Council Office, of the 19th of March, 1727– 8, will shew, (when the treaty was negotiating), that His Majesty bought Carolina with the incumbrance of my grant expressly and by name; and the saving clause was accordingly drawn by the grant now before your Board; if after all this, my right is to be questioned, I know not what can be called property.
"Mr. Ward and Mr. Pigott have drawn all the deeds for the land I have sold, and they aver my title to be without exception; for His Majesty, (with all submission I write it), is bound in law by the Proprietors' warranty, which is peculiar to my grants alone, and I was a purchaser for a valuable consideration.
"I therefore beg leave humbly to insist on your Lordships performing your agreement with me, as to directing the Surveyor General to run out the Barony sold to Mr. Rutherford, agreeable to my memorial; the Surveyor General is an officer under your Lordships' directions, by his instructions.
"I most solemnly conjure your Lordships not to let your prejudice to my person affect my cause, when you sit in judgment; the complaint I exhibited against your Secretary, Mr. Popple, was well grounded, for I was basely cheated by his mediation, and I lost more than sixty pounds.
"I do with truth assure your Lordships, did I not abhor disserving my native country, I can shew a neighbouring nation how to deprive Great Britain of a valuable branch of trade, without infringing any treaty; and if your Lordships will signify that you think this a vain brag, (so that my honour as an Englishman may be fully justified), I will immediately and publicly set down in writing how in that particular our commerce may be prejudiced; and I know, my Lords, how to be very welcome to a foreign state, whose language, manners and customs, ('tis well known), I am no stranger to."
I am, my Lords,
Your Lordships' most
oppressed humble servant,
Thomas Lowndes.

Resolves of the Board on Lowndes's letter.

Their Lordships having considered the contents of the said letter, came to the following resolutions thereupon, viz:—

1st. That this Board never made any promise to the said Mr. Lowndes to send orders to the Surveyor General of Carolina to lay out the lands for him, mentioned in the said letter [fo. 167].

2nd. That the said Mr. Lowndes has maliciously traduced their Secretary, Alfred Popple, Esq., in a matter that has no relation to the business of this office; and having desired a day might be appointed to produce his proof, he did refuse at the time appointed for that purpose to produce the same [vide ante fo. 35].

3rd. That the said Mr. Lowndes hath behaved himself in an indecent manner very much unbecoming an Englishman, and a good subject to His Majesty, in threatening to discover and transfer the benefits arising from certain branches of the British trade to a foreign nation.

4th. That the validity or non validity of the late Lords Proprietors of Carolina's grant to the said Mr. Lowndes, is a matter that does not lie properly before this Board, who cannot take upon them to send any directions concerning the same to the Surveyor of Carolina, without His Majesty's express orders for that purpose.

5th. That this Board are so ill satisfied with the said Thomas Lowndes's behaviour, that they are determined to have no further commerce with him, but in such matters only as are immediately relating to the duty of their office, wherein equal justice will be done to all His Majesty's subjects without distinction.

The Board's resolves on Lowndes's letter, to be read to him.

Ordered that these resolutions be read to him, or his agent, whenever he shall apply for any answer to his letter.

October 23. Present:–Mr. Docminique, Sir O. Bridgeman, Mr. Brudenell.

Plantations General.

Circular letter signed.

A circular letter to all the Governors in America, relating to accounts of all receipts and payments of public money, was agreed and signed.

Mr. Popple's map to be subscribed for each Government.

A letter from Mr. Scrope, dated the 26th of the last month, signifying that the Lords Commissioners of the Treasury have agreed to allow the expence of one of Mr. Henry Popple's maps for each of the Governments in America, to be charged in the incidents of this office, was read; whereupon ordered that the Secretary do subscribe for a map for each of the Governments in America.

New England.

Captains of men of war not to be Judges of Admiralty.

Letter from Mr. Burchett. Secretary to the Lords Commissioners of the Admiralty, dated the 4th instant, in answer to one written him the 1st instant, shewing why the captain of the station ship in New England should not be Judge of the Admiralty Court there, was read [fo. 160].

Virginia.

Letter about silver mine, agreed.

The draught of a letter to the Duke of Newcastle, ordered to be prepared the 10th of the last month, relating to a silver mine pretended to be found in Virginia, was agreed.

South Carolina.

Appropriation Act complained of, agents to answer it.

A memorial from the merchants trading to South Carolina, relating to the Act, passed in that province in 1731, for appropriating the sum of £104,725 1s. 3¼d., complaining of a duty imposed on the importation of negroes by the said Act, was read; and the Secretary acquainting the Board, that the agents had had a copy of the said memorial, in order to prepare their answer; ordered that a letter be written to the said agents to know when they will be ready with their answer accordingly [fos. 139, 210].

Montserrat.

Governor Mathew's additional salary, Act to be confirmed.

The Secretary then laid before the Board an Act, passed in Montserrat in 1734, entituled, An Act for providing an honourable support for his Excellency William Mathew, Esq., etc.; and their Lordships taking the same into consideration, Mr. Fane's report thereupon was read, and directions were given for preparing a draught of a representation to confirm the said Act.

Trade.

Flanders, duty on pit coal.

The Board taking again into consideration the letter from the Lord Harrington, read the 16th instant, relating to a new duty laid on English pit coal at Brussels, as also their representation of the 3rd of July last upon the same subject, gave directions for preparing the draught of a letter to the Lord Harrington upon his Lordship's aforesaid letter [fos. 113, 164, 211].

October 29. Present:—Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell.

South Carolina.

Letter from the Treasury, with Hume's petition about grants of land, and Attorney General's report thereon.

Letter from Mr. Scrope, Secretary to the Lords Commissioners of the Treasury, dated the 23rd instant, referring to the Board the petition of Mr. Hume and others, complaining of the Governor of South Carolina, for obstructing them in obtaining lands they had surveyed, pursuant to warrants granted for that purpose.

And Mr. Attorney General's report on the said petitions, and on several other papers relating thereto, were read, and their Lordships resolved to consider further thereof at another opportunity.

Virginia.

Letter to Duke of Newcastle about a silver mine, signed.

Letter to the Duke of Newcastle, with the extract of one from Major Gooch, Lieut. Governor of Virginia, relating to a pretended silver mine found there, ordered to be prepared the 10th of the last month, was signed.

Montserrat.

Report for confirming Governor Mathew's additional salary Act, signed.

A representation for confirming an Act, passed at Montserrat in March last, entituled, An Act for providing an honourable support for his Excellency William Mathew, Esq., Chief Governor of these islands, during his Government, and to continue the duties on liquors and licences, ordered to be prepared the 23rd instant, was agreed and signed [fo. 176].

October 31. Present:—Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell, Sir A. Croft.

South Carolina.

Mr. Hume's petition, consideration adjourned.

Their Lordships, taking again into consideration the letter from Mr. Scrope, referring to the Board Mr. Hume's petition, read the last meeting, gave directions that Mr. Hume and Mr. Furie, the agent of the province, should be directed to attend the Board upon that subject on Wednesday morning next [fo. 182].

Nevis.

Act of Courts to lie by.

The Board then taking into consideration an Act, passed at Nevis in 1732, for establishing the Courts of King's Bench, Common Pleas, etc.; Mr. Fane's report in favour thereof was read, but the Board having some objections to some parts of the said Act, agreed the same should lie by, that they might see the effect thereof.