Journal, January 1728: Journal Book E.E

Journal of the proceedings of Her Majesty's Commissioners for promoting the trade of this Kingdom, and for inspecting and improving her plantations in America and elsewhere, from the second of January, 1727–28, to the thirty-first December, 1728.

E.E.

Journal, January 1728

At a meeting of His Majesty's Commissioners for Trade and Plantations.

January 2. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Bladen, Sir O. Bridgeman.

Leeward Islands.

Earl of Londonderry appointed Governor.

A letter from the Duke of Newcastle, signifying his Majesty's having appointed the Earl of Londonderry to be Governor of the Leeward Islands, in the room of John Hart, Esq., and requiring the draught of a commission, and of the necessary instructions to be prepared, was read; whereupon ordered that draughts be prepared accordingly.

Plantations General.

Mr. Dunbar, Surveyor-General of the Woods.

Mr. Dunbar attending, presented to the Board a commission, appointing him Surveyor of the Woods on the Continent of America, which was read. And their Lordships ordered that the same should be entered.

Letter from Mr. Scrope about instructions for Mr. Dunbar.

A letter from Mr. Scrope, Secretary of the Lords of the Treasury, signifying his Majesty's having appointed David Dunbar, Esq., to be Surveyor General of the Woods on the Continent of America, and desiring that such instructions, as are necessary, should be prepared for him, was read; and their Lordships resolved to consider further thereof at their next meeting.

January 4. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

Plantations General.

Instructions for Mr. Dunbar.

Their Lordships, taking again into consideration the letter from Mr. Scrope, mentioned in the Minutes of the last meeting, relating to instructions for Mr. Dunbar, as also the instructions, which were given to Mr. Bridger, formerly Surveyor of the Woods in America, resolved to consider further thereof on Tuesday morning next.

Miscellanies.

Letter to the Treasury, partition wall.

A letter to the Lords of the Treasury, in relation to the rebuilding one of the partition walls of this office, was agreed and signed.

January 9. Present:—Mr. Chetwynd, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

Plantations General.

Mr. Dunbar for copies of Mr. Bridger's instructions.

Colonel Dunbar, lately appointed Surveyor of the Woods in America, attending, he desired their Lordships would please to let him have copies of the instructions given to Mr. Bridger in 1715, when he had the same place, which their Lordships were pleased accordingly to order.

Leeward Islands.

Earl of Londonderry's commission.

The Secretary then laid before the Board the draught of a commission, ordered to be prepared the 2nd inst., for the Earl of Londonderry to be Governor of the Leeward Islands, which being approved, a representation to his Majesty thereupon, and a letter, for inclosing the said draught and representation to the Duke of Newcastle, was agreed and signed.

Massachusets.

Letter from Mr. Willard with papers.

A letter from Mr. Willard, dated 31st October, 1727, to the Secretary, was read, and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Council, from the 1st of March, 1726–7, to the 30th August, 1727.
Minutes of Council in Assembly, from the 31st of May, 1727, to the 16th of August following.
The Treasurer's account of the public revenue received and paid, from 26th May, 1726, to the 31st of May, 1727.
One Act passed in the Massachusets Bay in 1726, and seventeen in 1727.

Acts sent to Mr. Fane.

Ordered that the said Acts be sent to Mr. Fane, for his opinion thereupon in point of law.

Leeward Islands.

Letter from General Matthew, with papers.

A letter from William Matthew, Esq., Lieut. General of the Leeward Islands, dated at St. Christophers, the 12th of October, 1727, was read, and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Council and Assembly at Montserrat, the 27th of September, 1727, for drawing up an address of condolence and congratulation to his Majesty on his happy accession, etc.
The Proclamation of his Majesty King George the 2nd at Nevis, Antigua, St. Christophers, Montserrat, Anguilla and Tortola, in September and October, 1727.

A second letter from him with papers of Nevis and

A second letter from him, dated at St. Christophers, the 1st November, 1727, was read, and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Council of Nevis, from 1st of June, 1727, to the 26th September following.
Minutes of Assembly, from the 1st of June, 1727, to the 2nd of October following.
Proceedings of the Court of King's Bench and Common Pleas.
Account of the yearly ascertained expense.
The Treasurer's account of receipts and payments of the public money.
Account of negroes imported.
Account of Christenings and Burials, from the 11th October, 1726, to the 6th July, 1727.
Account of all His Majesty's forts and platforms in this island, and what ordnance belong to the same; as also an inventory of the stores in the magazine of Charles Fort, taken the 3rd of October, 1727.
St. Christophers.
Minutes of Council, from the 4th of March, 1725–6, to the 28th of August, 1727.
Proceedings of the Court of King's Bench and Common Pleas.
Inquisition made and depositions taken upon the view of the body of William Saul.
Minutes of Council in Assembly, from the 29th of May, 1727, to the 25th October following.
Minutes of Assembly, from the 5th to the 14th June, 1727.
The Treasurer's account of receipts of public money, from the 1st of June, 1727, to the 20th September following, and his account of payments for the same time.
Account of negroes imported, from the 25th of March, 1727, to the 25th September following.
One Act, passed at Nevis in July, 1727.

Nevis.

Act sent to Mr. Fane.

Ordered that the said Act be sent to Mr. Fane, for his opinion thereupon in point of law.

January 10. Present:—Mr. Chetwynd, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

St. Christophers.

Letter from Mr. Smith upon the Registry Act.

A letter from Mr. Wavel Smith, Secretary of the Leeward Islands, to the Board, dated at St. Christophers, the 6th of October, 1727, was read, and several depositions, relating to an Act of St. Christophers prejudicial to Mr. Smith, therewith transmitted, was laid before the Board.

Mr. Fane's report.

Mr. Fane's report upon an Act, passed at St. Christophers in June, 1727, against convinous and fraudulent conveyances, and for a public registry in the Island of St. Christophers, was read.

Letter from Colonel Hart.

A letter from Colonel Hart, late Governor of the Leeward Islands, desiring leave to attend their Lordships, when the said Act should be under consideration, was read.

Mr. North and Mr. Sharpe attending on the said Act.

The Secretary acquainted the Board that Mr. North desired leave to be heard against the said Act.

And Mr. Sharpe attending, and desiring their Lordships would please to appoint a day for considering the aforesaid Act, their Lordships appointed to-morrow sennight at 11 o'clock in the morning, and ordered that all parties should be acquainted therewith.

January 11. Present:—Mr. Chetwynd, Mr. Ashe, Sir O. Bridgeman.

Massachusets.

Mr. Burnet's instructions considered.

Their Lordships took into consideration the draught of instructions, ordered to be prepared the 7th of November last, for Mr. Burnet, appointed Governor of the Massachusets Bay and New Hampshire, and resolved to consider further thereof on Tuesday morning next.

January 16. Present:—Mr. Chetwynd, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

St. Christophers.

Earl of Londonderry, Registry Act.

The Secretary acquainted the Board that the Earl of Londonderry, appointed Governor of the Leeward Islands, had desired he would move their Lordships that they would please to defer the consideration of the Registry Act at St. Christophers, which is appointed for Thursday next, to Friday morning, and their Lordships approving thereof, ordered that all parties be acquainted therewith.

Massachusets.

Mr. Burnet's instructions considered.

Their Lordships then took into their consideration the draught of instructions, ordered to be prepared the 7th of November last, for Mr. Burnet, appointed Governor of the Massachusets Bay, and agreed to consider further thereof to-morrow morning.

Colonel Shute to attend.

Ordered that Colonel Shute, late Governor of New England, be acquainted that the Board desire to speak with him at the same time.

January 17. Present:—Mr. Chetwynd, Mr. Pelham, Mr. Bladen, Mr. Ashe.

He attends.

Mr. Burnet's instructions agreed.

Colonel Shute, late Governor of the Massachusets Bay, attending, as he had been desired, their Lordships took again into consideration the draught of Mr. Burnet's instructions, mentioned in yesterday's Minutes, and after some discourse with him thereupon, the said draught was agreed and ordered to be transcribed.

Jamaica.

Mr. Harris, duties on negroes.

Mr. Harris attending, their Lordships had some discourse with him upon the subject of his letter, mentioned in the Minutes of the 6th of the last month, in relation to the duties payable at Jamaica upon the importation of negroes, and resolved to consider further thereof at another opportunity.

St. Christophers.

Mr. Sharpe, Registry Act.

The Secretary then acquainted the Board, that Mr. Sharpe, who appears in behalf of the Registry Act of St. Christophers, mentioned in yesterday's Minutes, desired their Lordships would please to defer the consideration of the said Act, which was appointed for Friday next, to some other opportunity. Their Lordships were pleased to appoint this day sennight, and ordered that all parties concerned should be acquainted therewith.

January 19. Present:—Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

New Hampshire.

Mr. Burnet's instructions.

Their Lordships took into consideration the draught of instructions, ordered to be prepared the 7th of November last, for Mr. Burnet, appointed Governor of New Hampshire, and made a progress therein.

January 23. Present:—Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

Plantations General.

Mr. Dunbar, with observations.

Colonel Dunbar, appointed Surveyor of the Woods in America, attending, he presented to the Board some observations, in relation to his execution of his office, which were read; and their Lordships resolved to consider further thereof at another opportunity.

January 24. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

St. Christophers.

Hearing upon the Registry Act.

The Earl of Londonderry, appointed Governor of the Leeward Islands, Colonel Hart, late Governor thereof, Mr. Nivine, Mr. North, Mr. Sharpe and Mr. Bland attending, as they had been desired, their Lordships took again into consideration the Act, passed at St. Christophers in June, 1727, entituled, An Act against covinous and fraudulent conveyances, and for a public registry in the said island, as also Mr. Fane's report thereupon, mentioned in the Minutes of the 10th inst., and their Lordships desiring to hear what these gentlemen had to offer for or against the said Act, Mr. Sharpe acquainted their Lordships, that the people of St. Christophers, observing the benefit, which those of Antego had reaped from an Act passed there in 1698, entituled, An Act for the better regulation and settlement of the register's office, had passed the Act, in question, and as the Act appeared to be a well calculated law, he hoped their Lordships would please to lay the same before His Majesty, as proper to be confirmed.

Mr. Nivine then acquainted their Lordships, in behalf of Mr. Smith, Secretary to the Leeward Islands, that he had no objection to the said law, did it not unnecessarily affect Mr. Smith's property, in taking from him several fees for recording of deeds, gifts, mortgages, etc.: that ever since the year 1680, gifts, mortgages, etc., were always recorded in the Secretary's office: that in the year 1715 there was an Act passed at St. Christophers, entituled, An Act for regulating and appointing fees of the several officers and courts in this island, granting to the Secretary certain fees for recording all deeds, etc.: that Mr. Smith's patent gave him the said office of Secretary in as full and ample manner, as any of his predecessors had ever enjoyed the same. Wherefore he apprehended the present Register Act divested him of part of those advantages, which his predecessors and he had formerly enjoyed. Mr. Nivine further observed to their Lordships, that all the purposes of this Act might have been fully answered, and Mr. Smith not divested of his property.

Mr. Sharpe then acquainted their Lordships by way of reply, that this Act did no injury to Mr. Smith, since by his patent he was only appointed secretary and clerk of the Crown, and the office of register not being erected at the time Mr. Smith's patent passed, he could not thereby pretend any title to it. Their Lordships then resolved to consider further of this Act on Friday morning next.

Miscellanies.

Letter to the Lords of the Treasury, with incidents.

The Secretary then laid before the Board an account of the incidental charges of this office, from Michaelmas, 1727, to Christmas following, amounting to £286 16s. 4½

Whereupon a letter to the Lords of the Treasury, desiring payment thereof, as also of the salary due to the Secretary and other officers for the same time, was signed.

January 25. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

New Hampshire.

Mr. Burnct's instructions agreed.

Their Lordships taking again into consideration the draught of Mr. Burnet's instructions for the Government of New Hampshire, the same were agreed and ordered to be transcribed.

January 26. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

St. Christophers.

Registry Act considered.

The Earl of Londonderry, appointed Governor of the Leeward Islands, attending with Colonel Hart, late Governor thereof, and Mr. Bland and Mr. Sharpe, their Lordships took again into consideration the Registry Act of St. Christophers, and resolved to consider further thereof on Tuesday sevenight.

Letter from Mr. Willett, with papers complaining of General Matthew.

A letter from Mr. Willett, one of the Council of St. Christophers, dated the 22nd of October, 1727, complaining of ill-treatment at the Council Board from Colonel Matthew, Lieut. General of the Leeward Islands, was read; and the papers, therein referred to, were laid before the Board, viz:—
Minutes of Council of St. Christophers, the 16th April, 1726, and 27th September, 1727.
Copy of the protest of Joseph Estridge and John Willett against Mr. Gordon.
Attested copy of the record of proceedings in the Court of King's Bench at St. Christophers, between Edward Johnson, Esq., plaintiff, and James Gordon, Esq., defendant, dated the 10th October, 1727.

Letter from Mr. Morice in favour of Mr. Willett.

A letter from Mr. Humphrey Morice, dated the 11th January, 1727–8, in favour of the forementioned Mr. Willett, was read.

January 31. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Cary.

Barbadoes.

Tobago.

His Grace's letter and papers.

A reference from the Duke of Newcastle, dated the 23rd inst., upon a petition from the Duke of Montagu, praying that the Island of Tobago may be granted to him instead of St. Lucia and St. Vincent's, was read, as also

A letter from the Duke of Montagu, of this day's date, upon this subject, and two papers, therein referred to, viz:—
Copy of the Duke's grant of St. Lucia and St. Vincent's.
Draught of a grant proposed to be made of Tobago, in lieu thereof.

Their Lordships then resolved to consider further of this affair on Friday morning next.