Journal, October 1727: Journal Book D.D

Journal, October 1727

October 3. Present:—Earl of Westmoreland, Mr. Pelham, Sir O. Bridgman.

Mr. Yeamans, one of the Council of Antego [fo. 235], attending, desired their Lordships would please to consider an Act, passed in that Island in 1723–4, entituled, An Act for constituting a Court to hold plea for foreign attachments according to the custom of the City of London, and that their Lordships would also please to represent the said Act to His Majesty, as proper to be confirmed. Their Lordships then, after having read Mr. West's report thereupon, acquainted Mr. Yeamans, that they would consider further thereof at another opportunity.

Their Lordships taking again into consideration the draughts of the Earl of Orkney's instructions [fos. 220, 228], mentioned in the Minutes of the last meeting, gave directions that the 126th, 127th, 128th and 129th Articles thereof should be sent to Mr. Carkesse, for the opinions and observations of the Commissioners of the Customs thereupon.

Ordered that the draught of an additional instruction be prepared for Major General Hunter [fo. 225], appointed Governor of Jamaica, to the same purpose as that given to Sir Nicholas Lawes, when he was Governor of that Island. Nr. 65.

A letter from Mr. Carkesse, dated the 30th of the last month, inclosing a copy of the Custom House leidger for the year 1723, was read,

October 4. Present:—Earl of Westmoreland, Mr. Pelham, Sir O. Bridgman, Mr. Cary.

Virginia.

Mr. Perry attending, as he had been desired [fos. 219, 226], with Mr. Clayton, Attorney General of Virginia, their Lordships took again into consideration Mr. Attorney and Mr. Solicitor General's report upon the state of the case between the King and the proprietors of the Northern Neck in Virginia, mentioned in the Minutes of the 28th of the last month, and after some discourse with these gentlemen thereupon, their Lordships gave directions for preparing the draught of a letter upon this subject to Major Gooch, Lieutenant Governor of Virginia.

Trade.

A letter from the Lord Viscount Townshend [fo. 232], dated the 30th of the last month, referring to the Board a representation from several merchants, concerned in the trade to Hamburgh, in relation to the effect the prohibition of trade between the dominions of the King of Denmark and the city of Hamburgh will have upon the balance of trade between England and Germany, was read; and some of the merchants, who signed the petition, attending, their Lordships, after some discourse with them thereupon, ordered that a letter should be wrote to Mr. Carkesse, [fo. 242] to desire he will move the Honourable the Commissioners of His Majesty's Customs for an account of the exports from this Kingdom to Denmark, from Christmas, 1723, to as near the present time as may be, distinguishing each year.

Mr. Benjamin de la Fontaine [fos. 215, 226] attending, acquainted the Board, that Mr. Missing, who was desired to be here to-day, was ill at Portsmouth; Mr. de la Fontaine then presented a letter from himself to the Board, in relation to the subject of Colonel Armstrong's letter, mentioned in the Minutes of the 28th of the last month, which being read, ordered that the draught of a letter to Colonel Armstrong be prepared thereupon.

Mr. Fane's report upon the draught of an Act, passed by the Assembly of New York, for amending the practice of the law, [fos. 197 229], was read; and their Lordships agreed to consider further thereof to-morrow morning.

The draught of an original instruction, ordered yesterday to be prepared, for Major General Hunter [fo. 222], in relation to the trade of Jamaica, being agreed, their Lordships signed a letter for inclosing the same to the Duke of Newcastle.

October 5. Present:—Earl of Westmoreland, Sir O. Bridgman, Mr. Pelham, Mr. Cary.

Their Lordships taking again into consideration the draught of An Act, passed by the Assembly of New York, for amending the practice of the law, and to regulate the giving of special bail [vide supra fo. 229], mentioned in yesterday's Minutes, made a progress therein.

Mr. Fane's report upon An Act, passed at New York in 1726 [fos. 197, 230], for the easier partition of lands held in Common, and promoting the settling and improvement thereof, and for confirming former divisions in the settled townships of this Colony, was read, and their Lordships resolved to consider further thereof to-morrow morning.

The letter, ordered yesterday to be prepared, to Colonel Armstrong, Lieutenant Governor of Nova Scotia [fo. 224], was agreed and ordered to be sent.

The letter to Major Gooch, Lieutenant Governor of Virginia, ordered yesterday to be prepared [fo. 223], was agreed and signed.

Mr. Nivine and Colonel Warner attending [(Jour. X. fo. 255) fo. 230], their Lordships took again into consideration an Act, passed at Antegoa in 1719, entituled, An Act for the better securing and confirming the title of Geo. Thomas, Nephew and heir to William Thomas, late of the said Island, Esq., deceased, to certain lands and Negroes purchased of John Barnes, Gentleman, by the said William Thomas, mentioned in the Minutes of the 28th of July, 1721, as also Mr. West's report thereupon; and their Lordships observing, that there was no mention made in the said Act that Thomas Barnes, on whom the estate was entailed by his father William Barnes, had given his consent to the passing the said Act, Mr. Nivine produced to their Lordships the affidavit of Mrs. Ann Barnes, the mother of the said Thomas, to prove that he died under the age of two years, which affidavit was read, as also a letter from Colonel Warner to Mr. Nivine upon this subject, but their Lordships further observing, that it did not appear by the said affidavit that Ann Barnes was the widow of the testator, their Lordships ordered that the draught of a letter should be prepared [fo. 230] to the Commander in Chief at Antego, to desire he will send to the Board a particular account of this matter.

October 6. Present:—Earl of Westmoreland, Mr. Pelham, Sir O. Bridgman, Mr. Cary.

Mr. Rolles, His Majesty's seal cutter, attending [fos. 210, 232, 257], presented to the Board a warrant, dated the 2nd inst., requiring him to receive the Board's directions for cutting the new seals to be used in His Majesty's Governments in America, was read; whereupon ordered that the same be entered, and that the draught of a warrant be drawn up for preparing new seals for Barbadoes, the Leeward Islands, Jamaica, Bahamas, Bermuda, South Carolina, New Hampshire, Massachusetts Bay, New York, New Jersey and Virginia.

A letter from Mr. Carkesse [fos. 221, 276], dated the 5th inst., in answer to one writ to him the 3rd, in relation to some of the Earl of Orkney's instructions, was read.

A letter from Mr. Burchet [fos. 220, 234], dated the 5th inst., in answer to one wrote to him the 29th of last month, relating to the fees to be taken in the Admiralty Courts in the Plantations for the condemnation of prize ships, was read.

Mr. Leheup, agent for the Province of New York, attending [fo. 223], their Lordships took again into consideration his memorial, enclosing the extract of a letter from the Speaker to the Assembly of New York, dated the 24th of December last, desiring the Board will please to consider of, and give their opinion upon, the draught of an Act to be passed there, for amending the practice of the law and to regulate the giving of special bail, mentioned in the Minutes of the 10th of March last, as also Mr. Fane's report upon the said draught, read the 4th inst. And their Lordships acquainted Mr. Leheup, that the Governor of New York having taken no notice of it in his letters to the Board, they could not properly give their opinion upon it.

Their Lordships also took into consideration the Act, passed at New York in 1726 [fos. 226, 263], for the easier partition of lands held in common, and promoting the settling and improvement thereof, etc., mentioned in yesterday's Minutes, and gave directions for preparing the draught of a representation for repealing the same.

Their Lordships took into consideration the draught of a letter [fos. 226, 231, 256], ordered yesterday to be prepared, to General Matthews, Lieutenant Governor of the Leeward Islands, in relation to the Act, passed at Antego in 1719, for the better securing and confirming the title of George Thomas, nephew and heir to William Thomas, late of the said Island, Esquire, deceased, to certain lands and negroes, etc., and ordered that Mr. Fane should be acquainted that the Board desire to speak with him on Friday morning next.

October 13. Present:—Earl of Westmoreland, Mr. Pelham, Sir O. Bridgman, Mr. Cary.

Mr. Fane attending, as he had been desired [fos. 230, 255], their Lordships took again into consideration the Act, passed at Antego in 1719, for the better securing and confirming the title of George Thomas, nephew and heir to William Thomas, late of the said Island, Esq., deceased, to certain lands and negroes purchased of John Barnes, Esq., gentleman, by the said William Thomas, and, after some discourse with him thereupon, ordered the said Act be sent to him [fo. 255], for his opinion thereupon in point of law.

A letter from the Duke of Newcastle [fo. 233], dated yesterday, signifying His Majesty's having appointed John Pitt, Esq., to be Lieutenant Governor of the Bermuda Islands, in the room of Colonel Hope, and directing that draughts of his commission and instructions may be prepared, was read; whereupon ordered that the said draughts be prepared accordingly.

Their Lordships took into consideration the draught of a warrant for Mr. Rolles [fos. 228, 257], to prepare new seals for the several Plantations in America, ordered at the last meeting, and made a progress therein.

A letter from the Lord Viscount Townsend [fos. 223, 235], dated yesterday, inclosing some reflections relating to the new money made at Hamburgh, which chiefly gave occasion to the king of Denmark's prohibiting all commerce with that city, was read; whereupon ordered that a letter be wrote to the merchants, who signed the representation in relation to the Hamburgh trade, mentioned in the Minutes of the 4th inst., to desire they would let the Board have, as soon as possible, what they have to offer in support of the allegations in the said representation.

October 17. Present:—Mr. Chetwynd, Mr. Pelham, Sir O. Bridgman.

The Secretary laid before the Board the draught of a commission [fos. 232, 244], ordered to be prepared at the last meeting, for John Pitt, Esq., to be Lieutenant Governor of Bermuda, which being agreed, their Lordships signed a representation to His Majesty thereupon, and a letter for enclosing the same to the Duke of Newcastle.

A letter from Mr. Burchet [fo. 229], Secretary of the Lords of the Admiralty, dated the 9th inst., in answer to one writ him the 29th of the last month, acquainting the Board, that no instructions have been given to any of the Governors of His Majesty's Plantations in America, nor to the judges there, relating to fees for the condemnation of prizes, was read.

A letter from Colonel Gledhill [fo. 164], Lieutenant Governor of Placentia, dated the 11th of September last, giving an account of His Majesty's being proclaimed there, was read.

October 19. Present:—Mr. Pelham, Mr. Bladen, Sir O. Bridgman.

Their Lordships, taking again into consideration the letters from the Lord Viscount Townsend, mentioned in the Minutes of the 4th and 13th inst., in relation to the Hamburgh trade, and to the king of Denmark's having prohibited all commerce between his dominions and that city, they agreed and signed a letter to the Lord Townsend, desiring to know what had passed between this kingdom and Denmark upon that subject.

Their Lordships taking again into consideration the Act [fos. 221, 257], passed at Antego in February, 1723–4, entituled, An Act for constituting a court to hold plea for foreign attachments, according to the Custom of the city of London, as also Mr. West's report thereupon, mentioned in the Minutes of the 3rd inst., gave directions for sending the said Act to Mr. Fane [fo. 257], that he may carefully consider the same, and report to the Board, as soon as possible, his opinion thereupon;

The four following letters and paper from General Matthew, Commander in Chief of the Leeward Islands, were read, viz:—

A letter from him to the Secretary [vide supra], dated the 31st of May, 1727, giving an account of his having sent an answer to an address from the Assembly of St. Christophers.

A letter from him to the Board, of 31st May, 1727 [fos. 45, 237], in answer to an address of the Assembly of St. Christophers, praying that he might be obliged to account for some public money in his hands, with an account of his and their proceedings thereon.

A letter from him to the Board, dated the 24th June, 1727, giving an account of General Hart's having surrendered the Government to him, and being come for England.

A letter from him to the Board [fo. 271], dated the 15th of August, 1727, transmitting,
An account of the behaviour of John Greathead, Esq., chief Justice of the Courts of King's Bench and Common Pleas in St. Christophers.

The Secretary acquainting the Board, that Mr. Sharpe desired, in behalf of the Assembly of St. Christophers, that he might have a copy of General Matthew's answer [fo. 236] to their complaint against him, for not giving an account of the money raised by the Assembly of that Island, and deposited with him, for building some fortifications for the defence thereof; their Lordships gave directions that so much of General Matthew's aforesaid letter of the 31st of May last, as relates to this subject, be copied and given to Mr. Sharpe.

October 20. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgman.

Their Lordships taking again into consideration the letters from the Lord Townsend [fos. 235, 241] in relation to the Hamburgh trade, mentioned in yesterday's Minutes, ordered that Mr. Elkin should be acquainted that the Board desires to speak with him thereupon on Tuesday morning next.

A letter from Mr. Worseley, Governor of Barbadoes [fo. 243], dated the 4th August, 1727, was read, and the papers, therein referred to, were laid before the Board, viz:—
The Governor's speech to the Assembly of Barbadoes.
Minutes of the Council of Barbadoes, from the 21st of March, 1726–7, to the 18th day of July, 1727.
Minutes of the Assembly of Barbadoes, from the 20th December, 1726, to the 1st of August, 1727.
Minutes of the Court of Chancery at Barbadoes, dated the 2nd of March, 1726.
Proceedings at the Grand Sessions in 1727.
Estimate of the Public Account Current, stated in 1722–3.

A letter from Mr. Worseley, Governor of Barbadoes, dated the 15th of August, 1727, was read; and the papers, therein referred to, were laid before the Board, viz:—
Minutes of the Assembly of Barbadoes, of the 8th of August, 1727.
Address of the General Assembly of Barbadoes to the Governor in 1727.
Representation of the General Assembly of Barbadoes to the Governor in 1727.
Whereupon ordered that the draught of an answer [fo. 242] be prepared thereto.

October 24. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgman.

The Secretary laid before the Board a paper he had received from Mr. Hanckell, containing the merchants' reasons to support the allegations in their representation, relating to the king of Denmark's having prohibited all commerce between his dominions and the city of Hamburgh, referred to the Board by the Lord Viscount Townsend's letter of the 4th inst. [fos. 238, 245], which was read; and Mr. Elkin attending, as he had been desired, their Lordships, after some discourse with him thereupon, gave directions for acquainting the merchants, who signed the aforementioned representation, that if they had anything further to offer upon that subject, the Board would be ready to hear them on Thursday seven-night.

The Secretary then acquainted the Board, that Mr. Oxenford, Assistant Inspector General of the Exports and Imports [fos. 224, 271], had informed him, that he could not make out the account of the exports from this kingdom to Denmark, as desired by the letter to Mr. Carkesse of the 4th inst., any nearer the present time than to Christmas last, and their Lordships considering that the prohibition of trade between that kingdom and Hamburgh did not commence till that time, ordered that Mr. Oxenford be acquainted that he need not transcribe the said account.

The draught of a letter to Mr. Worseley, Governor of Barbadoes, ordered to be prepared at the last meeting [fo. 240], was agreed, and ordered to be transcribed.

October 25. Present:—Mr. Chetwynd, Mr. Pelham, Mr. Bladen, Sir O. Bridgman.

A letter from the Duke of Newcastle [fo. 239], dated yesterday, was read; and the papers, therewith transmitted, were laid before the Board, viz:—
A letter from Mr. Worseley to the Duke of Newcastle, dated 4th August, 1727.
Mr. Worseley, Governor of Barbadoes, his speech to the Assembly.
The Assembly's address to the Governor.
An estimate of the Public Account Current, stated in 1722–3.
Minutes of Assembly, from the 18th of July, 1727, to the 1st of August following.

Their Lordships then agreed and signed a letter to the Duke of Newcastle in answer thereto.

The Secretary then laid before the Board the draughts of the general instructions [fos. 233, 258], and of those, which particularly relate to the Acts of Trade and Navigation, ordered to be prepared the 13th inst., for John Pitt, Esq., appointed Lieutenant Governor of Bermuda, which being agreed, were ordered to be transcribed.

Ordered that the draught of a representation be thereupon prepared to His Majesty.