Journal, September 1717

September 4. Present:—Earl of Suffolk, Mr. Chetwynd, Sir Charles Cooke, Mr. Pulteney, Mr. Bladen.

Barbadoes.

Agents petition.

Ecclesiastical court.

Bishop of London, Gordon Governors letter.

Bishop of London's power.

Commissary.

A petition from the agents of Barbadoes to his Majesty, with Mr. Secretary Addison's reference thereupon to this Board of the 3rd instant relating to an ecclesiastical court attempted to be erected in that island, by virtue of a commission from the Lord Bishop of London to one Gordon; as also the copy of Mr. Lowther's letter to his lordships on that subject, were read; and Mr. Micklethwait and Mr. Bampfield attending, they were desired to procure and bring to the Board copies of the powers or commissions to the late and present Bishop of London, to erect such court, as likewise of the powers or commissions granted by them to their Commissaries at Barbadoes, which these gentlemen promised to endeavour accordingly.

St. Christophers.

Mr. R. Tryon's proposals.

The proposals of Mr. Rowland Tryon in behalf of several persons therein named for purchasing lands in the late French part of St. Christophers, were read and ordered to be abstracted.

Leeward Islands.

Barbadoes.

Virginia.

Newfoundland.

Letter from Mr. Secretary Addison.

Instructions.

General Hamilton's house-rent.

A letter from Mr. Secretary Addison of the 3rd instant, signifying his Majesty's pleasure upon several letters and representations of this Board, was read; whereupon ordered that the draught of an instruction be prepared to General Hamilton Governor of the Leeward Islands, relating to the money allowed him for house-rent, and against receiving gifts and presents, according to his Majesty's commands signified in the said letter.

Bahama's

Commission and instructions.

Captain W. Rogers Governor.

That the draught of a commission and instructions be prepared for Capt. Woodes Rogers to be Governor of the Bahama Islands.

Jamaica.

Instructions.

Sir N. Lawes.

Money Lord A. Hamilton.

As also of an instruction to Sir Nicholas Lawes, Governor of Jamaica, according to his Majesty's directions, relating to the money advanced by the Lord Archibald Hamilton and the Council of that island, for subsistence of the soldiers there.

Plantations General.

Laws to be printed.

Further ordered that the laws in this Office, of the several plantations, be looked out, that such of them as are fit, may be printed, pursuant to his Majesty's directions in that behalf.

Additional instruction.

Passing acts, &c.

The draught of an additional instruction to his Majesty's Governors of the several plantations in America, pursuant to the Order in Council, of the 31st July, mentioned in the minutes of ye 8th of last month, relating to the passing acts of unusual and extraordinary nature, or which may affect the trade or shipping of Great Britain, was read, agreed and ordered to be transcribed.

St. Christophers.

Order of Council, Colonel W. Codrington.

grant of land.

An Order of Council of the 29th of last month referring to this Board the petition of Col. William Codrington, relating to 763 acres of land in the late French part of St. Christophers, granted by the late Colonel Christopher Codrington in trust for himself, Captain Priswick.
Colonel Codrington summoned.
upon his conquest of the French there, was read, together with the said petition; whereupon directions were given for acquainting Capt. Priswick, who brought the said Order, that the Board desire to speak with him or Col. Codrington at ten of the clock on Wednesday morning next.

New Jersey.

Letter to Brigadier Hunter.

A letter to Brigadier Hunter, Govr. of New Jersey, &c. as agreed at the last meeting, was signed.

Barbadoes.

The secretary laying before their lordships the three following Acts, vizt.

Act.

Alice Tickle.

Francis Jemmot.

An Act passed at Barbadoes, the 10th of April, 1711, entituled An Act to dock ye intail of certain lands in the parish of Christ Church in this island, and of several negro slaves; and also of a certain parcel of land lying and being in the town of St. Michael and to vest the Fee-simple of the said land and negroes in Alice Tickle, spinster, and of the parcel of land in St. Michael's Town in Francis Jemmot, his heirs and assigns for ever.

New York.

Act.

William Anderson to sell land.

An Act passed at New York, the 7th of Octbr., 1712, entituled, An act to enable William Anderson to sell a lot of ground in Queen Street, the estate of the said William, in right of Deborah his wife deceased, for the payment of debts contracted by his said wife, before the intermarriage.

St. Christophers.

Act to change a path.

An Act passed at St. Christophers the 26th of March last, entituled, An Act to impower the surveyor of the highways to turn the windward common path to the eastward of Clayhill in the quarter of Basse Terre.

to Mr. Solicitor General.

Ordered that the said acts be sent to Mr. Solicitor General for his opinion thereupon in point of law.

September 5. Present:—Earl of Suffolk, Sir Charles Cooke, Mr. Pulteney, Mr. Bladen.

Barbadoes.

Order of Council.

Barwicks petition.

Leave of absence.

Representation.

An Order of Council of the 29th of last month, upon the petition of Samuel Barwick Esqr. one of his Majesty's Council in Barbadoes, praying his Majesty's leave for further absence from the said island, on account of his private affairs in this kingdom, was read; and Mr. Barwick attending, inquiry was made of him how long he had been already absent from Barbadoes; whereupon he acquainted the Board, that at Michaelmas next it will be two years, since he left that island; that he had made application in February last, for his Majesty's leave, but had not obtained any order thereupon before the date of this above mentioned. Mr. Barwick being withdrawn, directions were given for preparing the draught of a representation upon the said order and petition.

Jamaica.

Instructions.

Sir N. Lawes.

Their lordships then made a progress in considering the draught of instructions for Sir Nicholas Lawes for the government of Jamaica.

September 11. Present:—Earl of Suffolk, Mr. Chetwynd, Mr. Docminique, Mr. Pulteney, Mr. Bladen.

Jamaica.

Instructions.

Sir N. Lawes.

Council.

Their lordships made a further progress in considering the draughts of instructions for Sir Nicholas Lawes, for the government of Jamaica; and a list of persons proposed by Sir Nicholas to be of the council of the said island, and of persons fit to supply vacancies therein, was read.

September 12. Present:—Earl of Suffolk, Mr. Docminique, Mr. Pulteney, Mr. Bladen.

St. Christophers.

Captain Priswick.

Mr. Chester.

Colonel Codrington.

Lands.

Commission and instructions.

Captain Priswick attending with Mr. Chester in behalf of Col. Codrington, inquiry was made of them by what power and authority Col. Codrington, father of the late Col. Codrington, became possessed of the lands at St. Christophers, mentioned in the Order of Council and petition, which were read the 4th instant. But these gentlemen not being able to give their lordships any more satisfactory account of that matter than what is contained in the said petition; ordered that the commission and instructions to the said Col. Codrington the father, be looked out, in order to see what power he had about granting lands.

Barbadoes.

Barwick's memorial, absence.

A memorial from Mr. Barwick, relating to his absence from the Council of Barbadoes, was read.

Jamaica.

Instructions.

Sir N. Lawes.

Then their lordships made a further progress in considering the draughts of instructions for Sir Nicholas Lawes, for the government of Jamaica.

September 18. Present:—Earl of Suffolk, Sir Charles Cooke, Mr. Docminique, Mr. Pulteney, Mr. Bladen.

Plantations General.

Additional instructions.

Governors.

Passing acts, &c.

Letter to Mr. Secretary Addison.

The draughts of additional instructions to the governors of his Majesty's plantations, pursuant to the Order of Council, of the 31st July last, relating to the passing of acts there, which may affect the trade or shipping of this kingdom, being agreed, a letter for enclosing the same to Mr. Secretary Addison, to be laid before his Majesty, was signed.

Nova Scotia.

Sir Alexander Cairnes, Mr. Douglas, settlement; petition.

Sir Alexander Cairnes and Mr. James Douglas attending, presented to the Board their proposals in writing for making a settlement in Nova Scotia, which were read; and their lordships resolved to take the same into further consideration, together with the petition of Sir Alexander and others upon this subject, at the first opportunity,

Barbadoes.

Bishop of London, commissary, his commission.

Letter to the Governor.

84th instruction.

The Lord Bishop of London coming to the Board, on occasion of a complaint from the Island of Barbadoes, relating to his Lordship's commissary there, and the erecting an ecclesiastical court in the said island, his Lordship communicated to the Board a copy of his commission to Mr. Gordon as his commissary, as likewise of a letter from his Lordship to Mr. Lowther, Governor of Barbadoes, upon that subject; and upon discourse with his Lordship, he said, that his own power in Barbadoes, was derived from the 84th instruction to the governor of that island, his Lordship having no other authority there; and that Mr. Gordon had no authority from him to set up an ecclesiastical commission, nor any instructions or other power than the commission abovementioned.

Plantations General.

Representation.

Commissions.

Trying pirates.

A representation relating to the renewal of commissions for the trying of pirates in his Majesty's plantations in America, was agreed and signed.

Barbadoes.

Representation.

Barwick's petition for absence.

The draught of a representation upon the petition of Mr. Barwick, mentioned in the minutes of the 5th instant, praying further leave to be absent from the Council of Barbadoes, was agreed and signed.

Jamaica.

Melmoth's petition.

Mr. Knight, Receiver General.

Reference.

Letter to Mr. Secretary Addison.

A petition to his Majesty from Francis Melmoth, merchant, in behalf of Mr. Knight, Receiver-General of Jamaica, relating to a sum of money issued for the subsistence of the soldiers there, with Mr. Addison's reference thereupon to this Board, being read; a letter to Mr. Secretary Addison, upon that subject, was agreed and signed.

Their lordships taking into consideration the Acts passed in Jamaica in 1715–16, and 1716 entituled, as follows, vizt.
Acts.
An Act for the more easy serving of constables.
An Act for the effectual discovery of all persons disaffected to his Majesty and to prevent all such persons holding any office.
An Act to prevent fraudulent trade to Hispaniola and other foreign parts.
An Act to oblige several inhabitants to provide themselves with a sufficient number of white people, and to maintain such as shall come over, &c.
An Act to encourage the bringing over and settling of white people in this island.
An Act for repealing an act for the better securing the estates and interests of orphans &c.
An Act to secure the freedom of elections, and directing the proceedings in the choice of members to serve in assemblies.
An Act for granting a further relief in relation to proving of wills and testaments, and granting letters of administration of intestate estates.

to Mr. Solicitor General.

Ordered that the said acts be sent to Mr. Solicitor General for his opinion thereupon in point of law, with all convenient speed.

September 19. Present:—Earl of Suffolk, Sir Charles Cooke, Mr. Docminique, Mr. Pulteney, Mr. Bladen.

Trade.

Representation.

Memorial.

M. de Monteleone, logwood-Campechy.

Their lordships made a further progress in considering the draught of a representation upon the memorial of the Marquis de Monteleone, Ambassador of Spain, relating to the British subjects settling and cutting logwood at Campechy.

September 25. Present:—Earl of Suffolk, Mr. Chetwynd, Sir Charles Cooke, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.

Carolina.

Mr. Boon, state of the province.

Mr. Boon attending, communicated to the Board the copy of a letter from Carolina, dated the 8th of June last, relating to the ill circumstances of that province, with regard to the Indian War, which was read.

St. Christophers.

Messrs. Perry and Martyn.

Disposal of the lands.

Mr. Micajah Perry, Mr. Joseph Martyn, and others attending, presented to the Board in writing some reasons against disposing of the late French lands in St. Christophers, to any one person or body of men, other than the present proprietors, which their lordships resolved to take into consideration with the several proposals about purchasing the said lands.

Nova Scotia.

Petition.

Sir Alexander Cairnes, grant of lands.

Letter from Mr. Secretary Addison.

Their lordships taking again into consideration the petition and proposals from Sir Alexander Cairnes and others, for a grant of some lands in Nova Scotia, directions were given for preparing the draught of a letter to Mr. Secretary Addison thereupon.

Letter from Mr. Kelsall.

Lands.

Cape Dore.

Letter to Mr. Lowndes.

A letter from Mr. Kelsall, by order of the Lords Commissioners of his Majesty's Treasury, dated the 22nd of last month, for the opinion of this Board upon the draught of a grant of some lands at Cape Dore in Nova Scotia, being read, together with the said draught, directions were given to the secretary for preparing a letter to Mr. Lowndes on that subject.

Trade.

Representation.

Monteleone's memorial.

Logwood-Campechy.

Letter to Mr. Secretary Addison.

The draught of a representation upon the memorial of the Marquis de Monteleone, Ambassador of Spain, relating to the British subjects cutting logwood at Campechy, mentioned in the minutes of the 19th instant, was agreed, transcribed and signed, together with a letter for inclosing the same to Mr. Secretary Addison.

September 26. Present:—Earl of Suffolk, Mr. Chetwynd, Sir Charles Cooke, Mr. Molesworth, Mr. Pulteney.

Jamaica.

Attorney General's report.

Mr. Attorney General's report upon several acts passed in Jamaica, in 1711, and 1712, was read, together with the acts therein mentioned as follows, vizt.:—
Acts.
An Act for regulating fowling and fishing.
An Act declaring what persons shall be qualified to sit in Assemblys.
An Act for the better securing the estates and interests of orphans and creditors, and to oblige executors to give security, and to return appraisements into the secretary's office of this island.
An Act for preserving the publick records of this island.
An Act to prevent hawking and disposing of goods clandestinely.
An Act to disenable any member of the Council, or of the Assembly of this island, from acting as commissioner for receiving any publick money raised, or to be raised by the Governor, Council and Assembly of this island; and to disenable any such commissioner to be a member of the Council, or of the present or any future assembly of this island.

Sir N. Lawes.

And upon the two last Acts, their lordships agreed to speak with Sir Nicholas Lawes, now appointed Governor of that island.

Solicitor General's report.

Acts.

Mr. Solicitor-General's report upon several Acts of Jamaica passed there in 17 15/16, and 1716, was likewise read, as also the act therein mentioned, entituled, An Act for repealing an act for the better securing the estates and interests of orphans, &c.

Petition.

Pennant and Swymmer, escheated estate A. W. B. Kupius.

Lord A. Hamilton.

The petition of Edward Pennant and Anthony Swymmer, of Jamaica, Esqrs. praying relief in relation to the grant of the escheated estate of Anna Williamina Bernarda Kupius, together with Mr. Secretary Addison's reference, of the 19th instant, upon the said petition, were read; whereupon ordered that the Lord Archibald Hamilton late Governor of the said island, be desired to give the Board the state of that matter.

Nova Scotia.

Letter to Mr. Secretary Addison.

Sir Alexander Cairnes.

Land.

The draught of a letter, ordered yesterday to be prepared to Mr. Secretary Addison, upon the petition and proposals of Sir Alexander Cairnes and others, relating to a grant of some lands in Nova Scotia, being read, the same was agreed, transcribed and signed.

Letter to Mr. Lowndes.

Grant of land.

Cape d'Ore.

The draught of a letter from the secretary to Mr. Lowndes, upon the reference from the Lords of the Treasury, relating to a grant of some lands at Cape Dore in Nova Scotia, being read, was agreed and ordered to be sent.

Jamaica

Representation.

Acts.

Their lordships then gave some directions for preparing the draught of a representation upon the acts of Jamaica before mentioned.

September 27. Present:—Earl of Suffolk, Mr. Chetwynd, Sir Charles Cooke, Mr. Molesworth, Mr. Pulteney, Mr. Bladen.

Barbadoes.

Mr. J. Micklethwaite and others.

Memorial Act.

reasons.

Representation.

Mr. Joseph Micklethwaite, Mr. Lloyd, and Mr. Bampfield, agents for the Island of Barbadoes, attending, a memorial from them, relating to an act passed in that island, entituled, An Act for laying an imposition or duty on all sugars, melosses, rum, cotton and ginger, imported this island, which are not the natural product, growth and manufacture of some of his Majesty's colonies, together with the reasons for passing the said act, were read, as likewise the Act itself; whereupon ordered that the draught of a representation be prepared, wherewith to lay the same before his Majesty for his royal approbation.

Dominick Langton.

Ecclesiastical court.

Bishop of London.

Major Mason.

Governors promise.

Major Mason summoned.

It being observed to these gentlemen, in relation to Dominick Langton, named in their petition, concerning an ecclesiastical court in Barbadoes, mentioned in the minutes of the 4th instant, that the Lord Bishop of London had intimated Major Mason of the Tower's having assured his Lordship of Mr. Lowther's promise to provide for the said Langton; and they being inquired of what they knew of that matter, and if they had anything further to offer as to their petition, they desired to attend the Board on Thursday next, and that Major Mason might have notice to attend likewise at the same time, which was ordered accordingly.

St. Christophers.

Mills's proposals.

Colonel Codrington.

The proposals of Mr. John Mills, for purchasing all the late French lands in the island of St. Christophers, were read; as likewise Col. Codrington's proposals for purchasing some particular plantations there, containing about 2000 acres.

Jamaica.

Letter from Mr. Secretary Addison.

Memorial.

Lord A. Hamilton.

Money subsistence-forces.

Council.

Deputy Secretary.

Mr. Bernard.

Lord A. Hamilton.

Wednesday.

A letter from Mr. Secretary Addison, of the 26th instant, referring to the Board a memorial from the Lord Archibald Hamilton, late Governor of Jamaica, relating to ye money advanced by his Lordship for the subsistence of his Majesty's forces in that island; to the disaffection and ill practices of several members of the Council of the said island; and to Mr. Page the Deputy Secretary with the copy of a letter from the said Page, and the extract of one from Mr. Bernard, were severally read; whereupon ordered that the Lord Archibald Hamilton be acquainted that the Board desire to speak with his Lordship on that subject on Wednesday morning next.

Plantations General.

Mr. H. Walpole.

Auditor General.

Patent.

Mr. Horatio Walpole attending, acquainted the Board, that upon the death of Mr. Blathwayt, he had the place of AuditorGeneral of his Majesty's plantations, and promised their lordships a copy of his patent for that employment, desiring at the same time the Board's assistance in what may relate to his said office, which their lordships were pleased to assure him of.

Jamaica.

Then the Board took into consideration the acts of Jamaica, entituled, as follows, vizt.
Acts.
An Act to encourage white men to come to continue and settle in this island. Passed November 14th, 1712.
An Act to encourage the bringing over and settling of white people in this island, and
An Act to oblige several inhabitants of this island to provide themselves with sufficient number of white people, and to maintain such as shall come over within a certain time, or pay certain sums of money, in case they shall be deficient, and applying the same to several uses.

Memorial.

Sir N. Lawes.

Both, passed Novbr. 10th, 1716, which were read; as also a memorial from Sir Nicholas Lawes, relating to some of the said acts, and to the soldiers at Jamaica; whereupon their lordships agreed that the said acts should lie by, for further consideration.