Journal, March 1724: Journal Book A.A

Journal, March 1724

March 3rd. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer, Sir John Hobart.

Trade.

Representation of Muscovy Company.

Homp.

Sent to Mr. Attorney and Solicitor General.

Ordered that a copy of the representation of the Muscovia Company, referred to the Board by the Lord Townsend's letter of the 4th, mentioned in the Minutes of the 5th February, 1723-4, be sent to His Majesty's Attorney and Solicitor General, for their opinion whether, as the law now stands, hemp of the growth of Russia may be imported in English bottoms from the Netherlands.

Letter to Lord Carteret.

Chapman.

Woollen manufactures.

at Padua.

A letter to the Lord Carteret, inclosing copies of the letter from Mr. Chapman, and information of John Smith, in relation to the woollen manufacture established at Padua, agreed yesterday, was signed.

Letter to Mr. Champman thereupon.

Ordered that Mr. Chapman be acquainted that the Board have sent copies of his letter, and the information of John Smith, to the Lord Carteret.

New Hampshire.

Letter from Colonel Shute.

Memorial from Mr. Newman.

New Counsellor.

Representation.

A letter from Colonel Shute, and a memorial from Mr. Newman, recommending Jotham Odiorne to be of the Council of New Hampshire, in the room of Colonel Plaisted, were read, whereupon ordered that the draught of a representation be prepared for appointing Jotham Odiorne of the Council of New Hampshire accordingly, instead of Colonel Plaisted, who refuses to act.

Nova Scotia.

Colonel Philips again summoned.

Colonel Philips, not attending, as he had been desired, ordered that he be acquainted that the Board desire to speak with him on Friday morning next.

March 4th. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Plummer, Sir John Hobart.

New York.

Acts sent to Mr. West.

Ordered that the two following Acts, passed at New York in 1721, be sent to Mr. West, for his opinion thereupon in point of law, viz.:—
An Act to empower Gilbert Livingston to sell and dispose of certain lots of land situate in New York and
An Act for remitting and exempting Gilbert Livingston from paying the sum of £300 due from him for the excise on strong liquors, farmed by him.

Jamaica.

Order of Council.

Petition of Mr. Miranda and Da Costa.

Seisure of Indigo.

Mr. Miranda, etc., summoned.

An Order in Council of 20th of May, 1723, referring to this Board a petition of Isaac Miranda and Fernando Da Costa, complaining of an illegal seizure of fifty two casks of indigo by the Naval Officer of Jamaica, was read; whereupon ordered that they be desired to attend the Board thereupon on Tuesday morning next.

March 5th. Present:—Mr. Chetwynd, Mr. Pelham, Mr. Ashe, Mr. Plummer, Sir John Hobart.

New Hampshire.

Representation.

New Counsellor.

The draught of a representation, ordered to be prepared the 3rd inst., for appointing Jotham Odiorne, Esq., to be of the Council of New Hampshire, in the room of Colonel Plaisted, was agreed and signed.

Trade.

Hemp annually imported and amount of duties.

To be further considered.

The Secretary then laid before the Board an account of the quantity of hemp annually imported, with the amount of the duties thereon, distinguishing from what places the same has been imported, between Christmas, 1717, and Christmas, 1722, which he had received from the Inspector General, and their Lordships resolved to consider further thereof, when the Attorney and Solicitor General should make their report upon the petition of the Muscovia Company, referred to them the 3rd inst.

March 6th. Present:—Mr. Chetwynd, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer, Sir John Hobart.

Nova Scotia.

Colonel Philips.

State of the Province.

Colonel Philips, Governor of Nova Scotia, Attending, as he had been desired, and the Lord Carteret's letter, mentioned in the Minutes of the 27th last month, directing the Board to make a representation upon the state of that province, being again read; Colonel Philips desired a copy thereof, as also time to consider the same; whereupon ordered that he have a copy accordingly, and that the be desired to put into writing what he may have to offer thereupon.

Newfoundland.

Letter from Commodore Caley.

Answer to Heads of Inquiry.

A letter from Captain Caley, Commodore of the Newfoundland Convoy, with answers to heads of inquiry for the year 1723, dated at Cadiz, 2nd January, 1723–4, was read.

St. Christophers.

Mr. West's report.

Acts.

Their Lordships then read Mr. West's report upon two Acts passed at St. Christophers in 1722, viz.:—
An Act for enjoying all vessels or persons infected with the Plague, Small Pox or other contagious distempers to perform a due quarantine, and to prevent, as much as may be, the dangers with which this Island is at present threatened by the Small Pox being already thereon.
An Act for regulating vestries, and for erecting into a parish part of the quarter of this Island, called Basse Terre Quarter, by the name of the Parish of St. George Basse Terre and for repealing an Act of this Island, entitled, An Act for regulating vestries, passed in the 10th year of Her late Majesty's reign and for annexing other parts of the said quarter to the respective parishes of St. Mary Cayou and Trinity Palmetto Point.
Objections to be sent to Colonel Hart.
and agreed that the former of the said Acts should lye by probationary; and the several objections thereto should be sent to Colonel Hart, as noted in the list of Acts.

St. Christophers.

Act to be considered.

Their Lordships then resolved to consider the last mentioned Act at another opportunity.

March 10th. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer, Sir John Hobart.

Plantations General.

Letter from Lord Carteret for general state of British Islands in America.

Letter to the Governors, and queries.

Bahamas.

A letter from Lord Carteret of yesterday's date, desiring the Board to report their opinion upon the general state of the British Islands in America, was read; whereupon ordered that the Governors of His Majesty's Leeward Charribbee Islands, Barbadoes and the Bahamas, be reminded of the queries sent to them in June last, relating to the state of the said Islands under their respective Governments, and that their answers be desired with all convenient speed.

Jamaica.

Said queries to be sent to the Duke of Portland.

Ordered that a copy of the same queries be sent to the Duke of Portland, Governor of Jamaica, for his answer thereto.

Trade.

Sweden.

Letter from the Lord Viscount Townsend.

A letter from the Lord Viscount Townsend, of yesterday's date, referring to the Board
King of Sweden's regulation about British and other vessels.
A copy of the King of Sweden's regulation relating to vessels trading from Great Britain to Sweden and
Baron Sparre's letter.
A copy of Baron Sparre's letter to Lord Viscount Townsend.

Swedish merchants summoned.

His Lordship's letter and the papers being read; ordered that Mr. Lyle, Mr. Tomlinson and Mr. Norris be desired to attend on Friday morning next, with what other Swedish merchants they shall think fit.

Newfoundland.

Letter from Mr. Burchet.

Heads of inquiry and instructions for Commodore.

A letter from Mr. Burchet, secretary to the Lords of the Admiralty, of the 5th inst., desiring that heads of inquiry and instructions may be prepared for Captain Bowler, appointed Commodore of this year's convoy to Newfoundland, was read: whereupon ordered that heads of inquirey be prepared accordingly.

Jamaica.

Mr. Miranda and Da Costa Petition about Indigo seized.

Mr. Sharpe for the petitioners.

Mr. Miranda and Mr. Da Costa, attending, as they had been desired, with Mr. Sharpe their solicitor, the Order of Council of the 26th May, 1723, mentioned in the Minutes of the 4th inst., was again read; and Mr. Sharpe acquainted their Lordships on behalf of the petitioners that the ship Nassau being bound from Jamaica to Bristol, the petitioners' factors and correspondents did, about the 17th of January, 1717, ship on board the said ship 52 casks of indigo, which lay on board a considerable time, the rest of the ship's loading being not ready; that about the 10th of March following, the ship and cargo was cleared both by the Custom House and Naval Officers; that about two days before she was to sail, the Naval Officer there came on board with several hired men, and seized the said ship and cargo, alledging the same to be forfeited by having the said indigo on board, which they pretended to be French, though they knew the same to be on Board before they cleared the said ship; that soon after the seizure, the said indigo was sold by the Naval Officer, who has ever since detained the produce thereof in his own hands, but restored the ship and the rest of the cargo to the master; and, therefore, he hoped their Lordships would report their opinion to His Majesty, that the said indigo, or the value thereof, might be restored to the owners, as their Lordships had done in a case of the like nature

Copy of the petition to be sent to the Duke of Portland.

Whereupon ordered that a copy of the said petition be sent to His Grace the Duke of Portland, Governor of Jamaica, that he may give the Board and account of this matter.

Massachusetts.

Mr. Sharpe desiring to peruse Minutes of Council.

Mr. Attorney and Mr. Solicitor to read them if requisite.

Mr. Sharpe, attending, moved their Lordships in behalf of the Assembly of New England, that he might have leave to inspect the Minutes of Council of that province from 1694 to 1722, in order to instruct the counsel who are to appear in behalf of the said Assembly; but their Lordships acquainted him, that as the whole dispute between the Governor and the Assembly, was referred to His Majesty's Attorney and Solicitor General, if they had occasion to inspect any of the said Minutes, in order to report more fully the state of the said dispute to His Majesty, they should have leave to read the same.

March 11th. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Barbadoes.

Mr. Egleton.

Act about solemn affirmation of Quakers.

Mr. Egleton, attending, in relation to an Act, passed at Barbadoes in October, 1723, entituled, An Act that the solemn affirmation and declaration of the people called Quakers should be accepted instead of an Oath, and for granting to the said people such forms of affirmation or declaration as may remove the difficulties which many of them lye under;

Mr. West's report thereupon.

Representation to be prepared.

Mr. West's report thereupon was read, and Mr. Egleton desiring their Lordships would please to report the said Act to His Majesty, as fit for his royal confirmation, whereupon ordered that the draught of a representation be prepared accordingly.

St. Christophers.

Act about Vestries and Basse Terre quarter.

Their Lordships taking into consideration the Act, passed at St. Christophers in 1722, entituled, An Act for regulating vestries and for erecting into a parish part of the quarter of this Island called Basse Terre quarter by the name of the parish of St. George Basseterre and for repealing an Act of this Island, entituled, An Act for regulating the vestries, passed in the tenth year of Her late Majesty's reign and for annexing other parts of the said quarter to the respective parishes of St. Mary Cayon and Trinity Palmetto Point; agreed the same should lye by probationary.

March 13th. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Ashe, Mr. Plummer, Sir John Hobart.

Trade.

Merchants about Swedish regulation for measuring ships.

Difference between Swedish measurement of ships and ours.

Mr. Lyle, Mr. Tomlinson, Mr. Norris, attending, as they had been desired, the Lord Townsend's letter of the 9th inst., (mentioned in the Minutes of the 10th), was again read, with the papers, therein referred to, in relation to the Swedish regulation for measuring ships; and these gentlemen acquainting their Lordships, that as the matter was new to them, they could not at present inform their Lordships of the true state of this affair; the Board was pleased to defer the further consideration of Lord Townsend's letter to this day sen'night, at which time these gentlemen were desired to attend. In the meanwhile, ordered that Mr. Lyle have a copy of the said regulation, and that he be desired to let their Lordships know the difference between the Swedish measurement of ships and ours.

Treaties between England and Sweden.

Ordered that Mr. Tilson be desired to move the Lord Townsend for copies of all the treaties that have been made between this kingdom and Sweden, since 1662.

Plantations General.

Commissioners of the Navy about Act concerning Naval Stores.

Ordered that Sir Jacob Ackworth be acquainted that the Board desire to speak with him and the other Commissioners of the Navy, on Tuesday morning next, in relation to the Act of Parliament passed in the 8th year of His Majesty's reign, entituled, An Act giving further encouragement, for the importation of Naval Stores, and for other purposes therein mentioned.

March 17th. Present:—Mr. Chetwynd, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Plantations General.

Commissioners of the Navy, and about Act concerning Naval Stores.

Clause to give further encouragement to import Naval Stores from the Plantations.

Sir Jacob Ackworth, Sir Thomas Colby, Mr. Fawler, and Mr. Cleveland, Commissioners of His Majesty's Navy, attending, as they had been desired, in relation to the Act passed in the 8th year of His Majesty's reign, entituled, An Act giving further encouragement for the importation of Naval Stores, and for other purposes therein mentioned; Sir Jacob, after some discourse with their Lordships thereupon, presented to the Board a clause proposed to be inserted in an Act of Parliament for giving a further encouragement to the importation of Naval Stores from the plantations, and their Lordships resolved to consider further thereof at another opportunity.

Trade.

Memorial of Muscovy Company.

Hemp from the Netherlands.

Sir Jacob Ackworth's opinion.

Their Lordships then communicated to the Commissioners of the Navy the memorial of the Muscovia Company, mentioned in the Minutes of the 5th of last month, complaining of the importation of hemp from the Netherlands, and desired their opinion how far the same was reasonable to be allowed of; whereupon Sir Jacob Ackworth acquainted their Lordships, that he thought the same ought not to be prohibited, as it had frequently happened that the importation of hemp from Russia was not sufficient to supply His Majesty's navy.

Attorney and Solicitor General's report on said memorial.

Draught of representation.

The Attorney and Solicitor General's report upon the petition of the Muscovy Company, about the importation of hemp of the growth of Russia, from the Netherlands, was read; and their Lordships resolved to consider the draught of a representation upon the aforesaid memorial of the Muscovy Company, which was ordered to be prepared the 28th of last month, to-morrow morning.

Nova Scotia.

Colonel Philips.

His memorial about surveying and settling the province.

Colonel Philips to attend again.

Colonel Philips. Governor of Nova Scotia, attending, (with Colonel Gardiner), his memorial upon a reference from Lord Carteret to the Board, about surveying and settling Nova Scotia, was read; and he was desired to attend again on Thursday next, when their Lordships would consider further thereof.

March 18th. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Plummer.

South Carolina.

Mr. West's report.

Colonel Johnson's Act.

Mr. West's report upon an Act, passed in South Carolina in 1721, entituled, An Act for vesting the fee simple of a certain plantation and house commonly called the Governor's House in the Honorable Robert Johnson, Esq., was read.

Mr. Shelton summoned.

Whereupon ordered that Mr. Shelton, secretary to the Lords Proprietors of Carolina, be acquainted that the Board desire to speak with him thereupon to-morrow morning.

Trade.

Muscovy Company.

Representation.

Hemp.

The draught of a representation, mentioned in yesterday's Minutes, upon the memorial of the Muscovy Company, in relation to the importation of hemp from the Netherlands, was agreed and ordered to be transcribed.

March 19th. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Bladen, Mr. Ashe, Mr. Plummer, Sir John Hobart.

South Carolina.

Mr. Shelton about Colonel Johnson's Act.

Mr. Shelton attending, as he had been desired, their Lordships had some discourse with him upon the Act, passed at South Carolina in 1721, entituled, An Act for vesting the Fee simple of a certain plantation and house commonly called the Governor's House in the Honorable Robert Johnson, Esq., and Mr. Shelton desiring the Board would please to allow him some further time, that he might have an opportunity to acquaint the Lords Proprietors of Carolina therewith, their Lordships were pleased to appoint Tuesday next, to consider further of the said Act.

Nova Scotia.

Colonel Philips, Colonel Gardner.

Survey of the Province.

Expence in building a sloop.

Colonel Philips, Governor of Nova Scotia, attending, as he had been desired, with Colonel Gardner, his memorial, mentioned in the Minutes of the 17th inst., was again read; and their Lordships enquiring of him what progress he had made in the survey of the province under His Majesty's Government, he acquainted the Board, that he had only surveyed the coast from Annapolis Royal to Cape Sables, but he thought the most useful survey would be from Cape Sables to the River Lehave, and so on to the north eastward; that he had found a good harbour for ships called Port Roway, about ten leagues from Cape Sables. Their Lordships then desired he would lay before the Board a particular account of the expences he had been at in the building the sloop, mentioned in his aforesaid memorial, and of the directions he had received for that purpose, which he promised to do at the first opportunity.

Trade.

Representation.

Muscovy merchants' petition.

Hemp.

The draught of a representation, ordered yesterday to be transcribed, upon the Muscovia merchants' petition, was further considered, and their Lordships agreed to reconsider the same to-morrow morning.

March 20th. Present:—Mr. Docminique, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Trade.

Swedish merchants about measurement of ships.

Mr. Nisbett, Mr. Norris and Mr. Tomlinson, attending, as they had been desired, their Lordships took into consideration the Lord Townsend's letter of the 9th, mentioned in the Minutes of the 10th inst., relating to a new regulation made in Sweden concerning the measurement of ships outward bound from thence which are to pay according to their tonnage, as also

Article of the Treaty in 1719–20.

The copy of the 12th Article of the treaty with Sweden, made at Stockholm the 29th of January, 1719–20, and

Mr. Jackson's explanation.

Time desired to hear from Sweden.

Mr. Jackson's explanation of part of the said Article, both which were this day read, and their Lordships desiring to know whether these gentlemen had made any inquiry into the state of this matter, Mr. Nisbett acquainted the Board, that they had, but as they could not as yet, from the information they had received, give their Lordships any satisfactory account of this matter, they had writ to their correspondents in Sweden for the same, and begged their Lordships would defer making their report upon this affair, till they should receive an answer from thence, which they hoped would be in three weeks or a month at farthest.

Copy of the regulation to be sent to Mr. Jackson for an exact account of that affair.

These gentlemen being withdrawn, ordered that a copy of the foresaid regulations be sent to Mr. Jackson, His Majesty's Resident at Sweden, and that he be desired to send their Lordships as exact account of this matter as he can get.

Representation.

Muscovy Company's petition.

Letter to Lord Townsend.

A representation upon the Muscovia Company's petition, mentioned in yesterday's Minutes, was signed, as also a letter to Lord Townsend enclosing the same.

March 25th. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Plummer.

Bermuda.

Memorial from Mr. Prevereau about an Act for lessening the number of the Assembly.

A memorial from Mr. Prevereau, agent for Colonel Hope, praying the Board's report upon an Act, passed at Bermuda in 1722–3, intituled, An Act for lessening the number of the Assembly and registering the Act, was read; and their Lordships resolved to consider further thereof to-morrow morning.

South Carolina.

Letter from Mr. Shelton.

Colonel Johnson's Act.

Consideration deferred and Mr. Shelton to attend again.

A letter from Mr. Shelton, who was to have attended this day, signifying his not being able yet to give their Lordships any information about the Carolina Act passed in 1721, entituled, An Act for the vesting the Fee simple of a certain plantation and house commonly called the Governor's House in the Honble. Robert Johnson, Esq., was read: and their Lordships were pleased to defer the consideration of the said Act till Tuesday next, at which time, ordered that Mr. Shelton be desired to attend.

1724

March 26th. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Bermuda.

Act about number of the Assembly.

Their Lordships took into consideration an Act, passed in Bermuda in 1722–2, (mentioned in yesterday's Minutes), entituled, An Act for lessening the number of the Assembly and registering the Acts, and agreed that the same should lye by, and that the Governor should be acquainted with the Board's objections thereto.

March 27th. Present:—Earl of Westmorland, Mr. Docminique, Mr. Chetwynd, Mr. Ashe, Mr. Plummer.

Jamaica.

Letter to Duke of Portland about Petition of Miranda and Da Costa.

Indigo seized.

General queries to the Duke.

The draught of a letter to the Duke of Portland, ordered to be prepared the 10th inst., for enclosing the copy of an Order in Council of 26th of May, 1723, referring to this Board a petition of Isaac Miranda and Fernando Da Costa, complaining of an illegal seizure of fifty two casks of indigo by the Naval Officer of Jamaica, as also several queries, was agreed and ordered to be transcribed.

Barbadoes.

Leeward Islands.

Bahamas.

Letter to the Governor.

The letters to the Governors of Barbadoes, Leeward Islands and the Bahamas, mentioned in the Minutes of the 10th inst., were agreed and ordered to be sent.

Barbadoes.

Representation about Act concerning Quaker's affirmation

The draught of a representation, ordered to be prepared the 11th inst., for confirming an Act, passed at Barbadoes in October, 1723, entituled, An Act that the solemn affirmation and declaration of the people called Quakers, should be accepted instead of an Oath, and for granting to the said people such forms of affirmation or declaration as may remove the difficulties which many of them lye under, was agreed and ordered to be transcribed.

March 31st. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

South Carolina.

Mr. Shelton.

Mr. Johnson's Act.

Mr. Shelton, not attending as he had been desired, their Lordships deferred the consideration of the Act, passed at Carolina in 1721, for vesting the Fee simple of a certain Plantation and house commonly called the Governor's House in the Honble. Robert Johnson, Esq., to another opportunity.

Jamaica.

Letter from Mr. Attorney and Solicitor General.

Laws passed by Colonel Doyley.

A letter from Mr. Attorney and Mr. Solicitor General, dated the 30th of this month, desiring the perusal of the Acts of Jamaica, passed by Colonel Doyley, was read, whereupon ordered that the said Acts be sent to them accordingly.

St. Christophers.

Montserrat.

Representation upon Acts.

The draught of a representation upon the several Acts, passed at St. Christophers and Montserrat, from 1714 to March, 1722-23, was considered, and their Lordships agreed to proceed further thereon at another opportunity.

Barbadoes.

Representation.

Act about Quakers' Affirmation.

A representation for confirming an Act, passed in Barbadoes in 1723, entituled, An Act that the solemn affirmation and declaration of the people called Quakers should be accepted instead of an Oath, and for granting to the said people such forms of affirmation or declaration as may remove the difficulties which many of them lye under, agreed at the last meeting, was signed.

Jamaica.

Letter to the Duke of Portland.

A letter to the Duke of Portland, Governor of Jamaica, agreed also at the last meeting, was signed.