Journal, April 1718
Bermuda.
Mr. Nodin, Mr. Simpson.
April 1. Present:—Earl of Holdernesse, Mr. Chetwynd, Sir
Charles Cooke, Mr. Docminique, Mr. Pulteney, Mr. Bladen.
Pirates.
Colonel Bennett.
Captain Bennett.
Providence.
Captain Jennings.
Hornigold.
Mr. Simpson.
Attacking Bermuda.
Leslie.
Mr. Nodin attending, with Mr. Simpson, lately arrived from
Bermuda, as had been desired, to give the Board information
relating to the pirates [fo. 181] who have lately surrendered to Col.
Bennett, Lieut. Governor of Bermuda, and to those at Providence
who are expected to surrender; the said Mr. Simpson was asked
several questions upon that subject; whereupon he said, that he
left Bermuda about eight weeks ago;—that Capt. Bennett, son
of the said Lieut. Governor, who had been sent by his father in
December last, to the island of Providence, with His Majesty's
proclamation relating to pirates, returned thence to Bermuda in
January, with Capt. Jennings, commander of a pirate vessel, and
seven or eight other pirates;—that he the said Mr. Simpson had
heard, the pirates at Providence fired upon Capt. Bennett on his
arrival at that island, having the day before resolved among themselves to sacrifice the first person that should pretend to offer
them a pardon. And that after Capt. Bennett submitted to them,
they held a consult whether they should not destroy him:—that
most of the said pirates suspected whether they might safely rely
on the proclamation and Col. Bennett's sincerity; and two other
commanders of pirate vessels, who were inclined to surrender,
remained at Providence, expecting Capt. Bennett's return and to
hear from Jennings concerning the treatment he met with at Bermuda;—that when Capt. Bennett was at Providence, one of the
chief among the pirates named Hornigold was out upon a cruise,
but that one of their sloops, which was ready to sail for the same
purpose, stayed in harbour till the said Capt. Bennett sailed, and
followed him towards Bermuda:—that as to the number of the
said pirates, Mr. Simpson said, they were computed at about
four or five hundred men on the island of Providence at the time
Capt. Bennett was there, besides those who were then out a cruising:—Mr. Simpson being particularly asked what effects Jennings
might bring to Bermuda, if there had been no apprehension of the
pirates attacking those islands, and what was meant by Leslie's
settling his private affairs at Providence; he said, that Jennings
was reported to have brought money to Bermuda;—that there had
been a talk of the pirates attacking Bermuda with two thousand
men, which it was thought they could not do, but for some Bermudians supposed to be of the number of the said pirates, who
might serve them as pilots;—and as to Leslie's remaining at Providence to settle his particular affairs, it was reported he had bought
a sloop piratically taken from Bermuda, and would probably
dispose of her again before he surrendered, since otherwise it might
be expected the sloop should be restored; and in conclusion he said,
that Jennings gave hopes that all or the greatest part of the said
pirates would surrender upon Capt. Bennett's return to Providence.
Nova Scotia.
Newfoundland.
Colonel Philips.
Colonel Gardner.
Memorial.
The gentlemen abovementioned being withdrawn, and Col.
Philips, appointed Governor of Nova Scotia and Placentia, attending
with Col. Gardner, Col. Philips's memorial [fo. 136, 211], mentioned
in the minutes of the 3rd of last month, was again taken into consideration, and after some discourse with him thereupon, Col.
Philips was desired to let their Lordships have in writing what he
had further to offer upon each article.
Trade.
Solicitor General's report.
la Roche, Treasurer, Lisbon.
Sir John Lambert.
Mr. Milner, summoned.
Mr. Solicitor-General's report [fo. 169, 203], in answer to the
letter writ him the 26th of last month, relating to Mr. la Roche's
not accepting the office of Treasurer of the Factory at Lisbon,
was read; whereupon ordered that Sir John Lambert, in behalf of
the said Mr. la Roche, have notice to attend the Board on Wednesday the 23rd instant, and that Mr. Milner be acquainted that their
Lordships desire to speak with him at the same time.
Letter from Mr. Carkesse.
Accounts.
Imports and exports.
Woollen manufactures.
A letter from Mr. Carkesse, of the 29th of last month, was read;
and the accounts of the several species of goods imported and
exported from Michaelmas, 1696, to Christmas, 1715, and of woollen
manufactures [fo. 170, 207, 297] exported from Christmas, 1714,
to Christmas, 1715, transmitted with the said letter, were laid
before the Board.
Plantations General.
Letter from Mr. Basket.
Printing laws.
A letter from Mr. Basket [fo. 159, 181], dated the 28th past,
about printing the laws of the plantations, was read; whereupon
ordered that he be acquainted that the Board desire to speak with
him to-morrow morning.
New York.
Order Committee of Council.
Mulford's petition against Brigadier Hunter.
Representation.
An Order of the Lords of the Committee of Council, for hearing
appeals and complaints from the plantations, dated the 20th of
last month, upon the petition of Samuel Mulford [fo. 173, 202] of
New York, relating to his complaints against Brigadier Hunter,
Governor of the said province, &c., was read, and directions given
for preparing the draught of a representation thereupon, as likewise
copies of the letter and papers from Brigadier Hunter, mentioned
in the minutes of the 28th of March last, in answer to the said
complaints, to be transmitted to the Lords of the said Committee.
Solicitor General's report.
Whale-fishery.
Licence.
Mr. Solicitor-General's report, in answer to the letter writ him
the 28th past, relating to His Majesty's subjects fishing for whales
at New York, without a licence, was read; whereupon ordered that
a copy be prepared thereof, to be transmitted to the Lords of the
said Committee, with the representation last directed to be prepared.
April 2. Present:—Earl of Holdernesse, Mr. Chetwynd, Sir
Charles Cooke, Mr. Pulteney, Mr. Bladen.
Barbadoes.
Acts.
Their Lordships took into consideration the Acts of Barbadoes
undermentioned, which were severally read, and the Board agreed
upon each Act, according as is expressed under the title thereof,
or to note what appeared to their Lordships on such Act, vizt.:—
An Act to enable and impower the Treasurer to pay unto
Dr. Pat. Home the arrears due to him on account of the
French prisoners. Passed 6th July, 1714.
Has probably had its effect. No objection to it.
An Act for the payment of a debt due from the publick to John
Sadler, of Jamaica, Esqr. Passed 6th July, 1714.
Supposed to have had its effect. No objection to it.
An Act appointing an Agent. Passed the 1st September, 1714.
Has had its effect, no objection to it; but is repealed
by an Act of the 28th June, 1715.
An Act for the encouragement of a new projection for grinding
of sugar-canes, and drawing of water, &c. Passed the 29th
September, 1714.
No objection; may lye by probationary.
A progress was likewise made in considering the Act passed at
Barbadoes, the 16th of July, 1715, entituled,
An Act for laying an imposition on wines and other strong
liquors imported this island, to raise money for carrying
on the fortifications, for payment of such officers as are or
shall be employed here at the publick charge, and for such
other publick uses, as are herein appointed,
and resolved to proceed therein to-morrow morning.
New England.
Letter to Mr. Secretary Craggs.
Petitions of Low, Borland, and others.
Sturgeon-patent.
A letter to Mr. Secretary Craggs, upon the petitions of Anne Low,
[fo. 83] John Borland, and of John Plowman and Robert Shard,
referred to this Board by Mr. Secretary Addison, relating to a
patent for curing and importing sturgeon from North America,
was signed.
Plantations General.
New York.
Mr. Basket, printing laws.
Price.
Mr. Basket [fo. 177, 462], His Majesty's printer, attending, their
Lordships had some discourse with him about printing the plantation laws; and Mr. Basket said, he could not undertake it, according to the specimen, laid before the Board, of the New York laws,
for a less price than five farthings per sheet, and to print at least two
hundred books, whereupon he was directed to proceed in printing
the said laws of New York, at as reasonable a rate as possible.
April 3. Present:—Earl of Holdernesse, Mr. Chetwynd, Sir
Charles Cooke, Mr. Docminique, Mr. Pulteney, Mr. Bladen.
Bermuda.
Letter from Colonel Bennett.
Pirates surrendered.
Letter to Mr. Secretary Craggs.
Commissions to pardon them.
A letter from Col. Bennett [fo. 174, 267], Lieutenant Governor
of Bermuda, to the Secretary, dated the 16th of February last,
relating to some of the pirates who have surrendered themselves,
and others that are expected there from the island of Providence,
&c., was read; whereupon a letter to Mr. Secretary Craggs was
immediately drawn up and signed for inclosing an extract of that
abovementioned from Col. Bennett, and to represent the necessity
of commissions being dispatched to impower His Majesty's Governors
in America, to pardon such pirates as surrender upon the faith of
His Majesty's proclamation.
Carolina.
Ill state.
Letter to Mr. Shelton.
Ordered that a copy of that part of Col. Bennett's said letter,
which relates to the ill state of Carolina, be sent to Mr. Shelton,
[fo. 216] for the information of the Lords Proprietors of that province,
and to know what their Lordships have done, or intend to do,
towards the security thereof.
Leeward Islands.
Letter to General Hamilton.
The draught of a letter to General Hamilton [fo. 189], Governor
of the Leeward Islands, was agreed and ordered to be transcribed.
Antigua.
Letter from General Hamilton.
Minutes of council.
Colonel Morris suspended.
A letter from General Hamilton [fo. 196], to the Board, dated at
Antigua, the 8th of February last, was read; and a copy of the
minutes of council of that island, of the 3rd of the same month,
therein referred to, relating to the suspension of Col. Morris, was
laid before the Board.
Letter from Colonel Morris.
Depositions.
A letter from the said Col. Morris, dated likewise at Antigua, the
8th of February last, relating to his suspension from the council
there, was read; and the undermentioned copies of depositions,
referred to in the said letter, were laid before the Board, vizt.:—
Copy of the deposition of Mrs. Elizabeth Abraham.
Copy of the deposition of Mr. Thomas Mountain.
Copy of the deposition of Mr. Timothy Keefe.
Copy of the deposition of Mrs. Mary Wickham.
Copy of the deposition of John Wickham, Esqr.
Copy of the deposition of Mr. Nathi. Wickham.
Copy of the deposition of Mr. Samuel Parry.
Copy of the deposition of Mr. Philip Abraham.
Copy of the deposition of Mr. Richard Chapman.
Copy of the deposition of Mr. Benjamin Rawleigh.
Copy of the deposition of Mrs. Elizabeth Wickham.
Dr. Wickham's memorial.
Mr. Nivine and Tryon summoned.
A memorial from Dr. Wickham, praying that the suspension of
Col. Morris from the Council of Antigua, may not be confirmed
before he be heard in behalf of the said Morris, was read; whereupon
ordered that the said Dr. Wickham have notice to attend the Board
on Wednesday next; and that Mr. Nivine, Agent for the said
island, and Mr. Tryon be acquainted that the Board desire to speak
with them at the same time.
Jamaica.
Letter to Sir N. Lawes.
The draught of a letter to Sir Nicholas Lawes [fo. 161], Governor
of Jamaica, from the Secretary, was agreed and ordered to be sent.
Miscellanies.
Letter to Earl of Sunderland, additional rooms.
A letter to the Earl of Sunderland, relating to some rooms for the
conveniency of this Office, was signed.
Barbadoes.
Acts.
Then their Lordships proceeded in considering several Acts of
Barbadoes, and the remainder of the Act, entituled,
Agents summonded.
An Act for laying an imposition on wines and other strong
liquors imported this island, to raise money for carrying on
the fortifications, for payment of such officers as are or shall
be employed here at the publick charge, and for such other
publick uses as are herein appointed,
was read; whereupon it was observed that the said Act had had
its effect, tho' lyable to many objections, on account of the powers
and penalties relating to the levy therein mentioned; and directions
were given for acquainting the Governor therewith in the next
letter to him. In the mean time ordered that the agents for Barbadoes have notice to attend the Board on Wednesday next.
Acts.
The Acts of the said island, as undermentioned, being likewise
read, their Lordships agreed or directed to be noted upon each Act
as written under the respective titles thereof, vizt.:—
An Act to prevent the exportation of horses and asses from
this island. Passed September 27th, 1715.
No objection. To lye by probationary.
An Act for compiling the laws of this island. Passed October
12th, 1715.
To lye by probationary; but notice to be sent the Governor,
that the collection of laws be not sent to the press,
before they have been approved by the Board.
An Act to raise a levy on the several inhabitants of this island.
Passed October 12th, 1717.
Has had its effect.
An Act impowering licenciate lawyers to practice as barristers
in this island. Passed September 27th, 1715,
which last mentioned Act their Lordships agreed to take into further
consideration at another opportunity.
April 4. Present:—Mr. Chetwynd, Sir Charles Cooke, Mr.
Docminique, Mr. Pulteney, Mr. Bladen.
Antigua.
Act against papists.
Ordered that the persons who have appeared against the late
Act of Antigua [fo. 158, 190], entituled, an Act to prevent the
increase of papists and non-jurors, and for better governing
those already there, have notice to attend the Board on Tuesday
morning next.
Trade.
Mr. Dowse, against insuring ships; Copies of papers.
Mr. Dowse, solicitor for the merchants of London [fo. 163, 218],
who have petitioned against the granting any charter of incorporation for insurance of ships, &c., attending, and desiring copies
of such papers as have been presented to their Lordships by the
petitioners for such a corporation; he was acquainted that when
those papers have been considered, he should have what copies
might be necessary.
Attorney-General's report.
Queries.
Act.
Frauds and abuses ships.
Letter to Mr. Lowndes.
Mr. Attorney-General's report, in answer to the letter writ him
the 6th of last month, with some queries upon a clause in the Act
of Parliament [fo. 138, 194] passed in the 13th and 14th years of
the reign of King Charles the Second, for preventing frauds and
regulating abuses in His Majesty's Customs, relating to British and
foreign built ships, was read; whereupon directions were given for
preparing the draught of a letter to Mr. Lowndes, on that subject,
to be laid before the Lords of His Majesty's Treasury.
Carolina.
Attorney-General's report.
Sir R. Montgomery.
Trade of land.
Representation.
Mr. Attorney-General's report upon the letter writ him the 10th
of last month, relating to the lease and release [fo. 143, 197] from
the Lords Proprietors of Carolina, to Sir Robert Montgomery, of
a certain tract of land in the south part of the said province, and
about erecting the same into an independent government, was
read; and their Lordships gave directions for preparing the draught
of a representation upon Sir Robert Montgomery's memorial, and
other papers on that subject.
Barbadoes.
Acts.
Then their Lordships proceeded in considering the two Acts of
Barbadoes undermentioned, vizt.:—
An Act for the better establishment of the several fortifications
of this island. Passed 27th September, 1715.
An Act impowering His Excellency, Robert Lowther, Esqr.
to appoint commissioners to make contracts for timber,
ironwork, untensils and other materials for the immediate
use and repair of the fortifications, as also to agree with
artificers and labourers, to be employed in that service.
Passed 15th October, 1715,
which were both read; and no objection appearing at present
thereto, their Lordships agreed that the said Acts should lye by
probationary.
Leeward Islands.
Letter to General Hamilton.
A letter to General Hamilton [fo. 182], Governor of the Leeward
Islands, agreed at the last meeting, was signed.
April 8. Present:—Sir Charles Cooke, Mr. Pulteney, Mr. Bladen.
Antigua.
Act against papists, etc.
Attorney-General's report, etc.
Petition and reasons against it.
Letter from Mr. Brown; Colonel Morris's affidavit.
Mr. Brown.
Paptists at Guardaloupe, Montserrat.
Mr. Nivine.
Nevis act.
Their Lordships proceeding in the consideration of the Act of
Antigua [fo. 187, 203], passed there the 2nd of March, 1715–16,
entituled, an Act to prevent the increase of papists and non-jurors
in this island, and for better governing those who are already
settled here; the said Act was read, as were also Mr. AttorneyGeneral's report, with the annexed affidavit thereupon, and the
petition of several Popish inhabitants of that island, against the
said Act, both mentioned in the minutes of the 18th of the last
month; and likewise some reasons against confirming it: a letter
from Mr. Stephen Brown on the same subject, and an affidavit
of Col. Valentine Morris, relating to the behaviour of the Popish
inhabitants of the said island:—Mr. Brown attending, according
to appointment, as likewise, Mr. Nivine, Agent for Antigua, Col.
Morris and Mr. Perne, their Lordships desired to know of the said
Mr. Brown what he had further to offer concerning the said Act,
and of the other gentlemen the reasons which they thought might
induce the government of Antigua to pass the same; whereupon
Mr. Brown said, that no misbehaviour was alledged against the
papists of Antigua, to occasion their being laid under such hardships,
as by the present Act amount to banishment; that on the contrary,
they had always behaved themselves for the interest of Great
Britain, several of them joining in the expedition against the
French at Guardaloupe; and that the papists of Montserrat defended
that island when it was attacked by Monsr. Cossart; that the
papists of Antigua were some of the first settlers of the island,
having several of them been inhabitants there for fifty years or
upwards: that they had no priests among them, and several of
their children going to the Established Churches, the next generation
would probably become Protestants: that the said papists being
summoned, upon His Majesty's accession to the throne, to take the
oaths, were willing to take the oath of allegiance to His Majesty
King George, and he said, he was certain they were ready to do it
still; but from a true scruple of conscience, could not take the oath
of supremacy; and tho' some of them had likewise declined taking
the oath of abjuration; Mr. Brown said, he did not doubt but the
more sensible of them would take that oath: that the colony would
suffer, if several of the said papists, who are merchants and men
of estates, were obliged to quit the island, as they would be, in case
the said Act should be confirmed. To which Mr. Nivine answered,
that there were indeed great hardships laid, by the forementioned
Act, upon the papists, but it being an Act of policy, the use and
necessity of it might justify the government of Antigua in passing
it, who, he believed, intended to banish the papists by it: that the
first alarm given at Antigua from the papists, was from the very
great addition to their number towards the latter, part of the late
Queen's reign, of which there still remain about two hundred able
to bear arms, who are the more dangerous, as being chiefly about
the town of St. John's, and the better to be spared, as being most
of them servants, overseers, ale-house keepers, book-keepers, &c.,
and all the fensible men of the island not above a thousand: that
the island of Nevis, tho' they wanted inhabitants, had not yet
thought fit to repeal an Act passed there, against papists, and
confirmed here, which he looked upon to be more severe than this
Act of Antigua.
Colonel Morris.
Mr. Birmingham.
Expendition against Guardaloupe.
Papists at Montserrat.
Mr. Brown.
Colonel Morris.
Mr. Perne.
Preston rebels at Antigua.
Col. Morris acquainted the Board, that when this Act passed, he
was present at Antigua, and of the Council there, as likewise in the
commission of the peace: that it was the extraordinary misbehaviour
of the papists and their disaffection to His Majesty and the Protestant succession, which gave rise to the Act. And he instanced one
Mr. Birmingham, who was esteemed a moderate man among the
papists, who had openly insinuated that the Pretender to the Crown
had ships and men ready to assert his right, that his health was
frequently drunk amongst them, and that there were other manifest
tokens of the papists disaffection to His Majesty and his government.
And as to what Mr. Brown had suggested of the papists engaging
in the expedition against Guardaloupe; Col. Morris said, he knew
not above three papists that joined in that expedition. That in
the district of Antigua, where he acted as Justice of the Peace, when
the papists were summoned to take the oaths, &c., to His Majesty,
none of them would take the oath of abjuration, and about one
third of them offered to take the oath of allegiance, and he referred
to his affidavit concerning the behaviour of several papists at the
town of St. Johns, since His Majesty's accession. And in answer to
what Mr. Brown had advanced concerning the papists defending
Montserrat against Monsr. Cossart in the late war, as an instance
of the said papists fidelity to the Crown of Great Britain. He
observed that Monsr. Cossart came only for plunder, in which case
it was natural for the papists to defend their effects; but that in all
probability, if the French or any other power should come to proclaim the Pretender there, the papists would all join them. In
conclusion, Mr. Brown alledged there was no proof of any particular
persons, inhabitants of that island, drinking the Pretender's health;
that Mr. Birmingham, if he were guilty of what was laid to his charge,
had left the island before the Act passed; and that it would be hard
for all to suffer for the folly and indiscretion of a few. That he
believed, the whole number of papists at Antigua was not above
130. And he prayed their Lordships favourable representation
against the said Act; but Mr. Brown being desired by Col. Morris
and Mr. Perne, who were both inhabitants of the island, to enumerate
such papists as he said, were men of estates, he named four or five,
whom the said gentlemen agreed to be so. It being further observed,
that several of the rebels from Preston had been transported to
Antigua, their Lordships agreed to reconsider this Act at another
opportunity.
Trade.
Letter to Mr. Lowndes.
Bill, British-built ships.
The draught of a letter, ordered the 4th instant to be prepared,
to Mr. Lowndes [fo. 188], relating to a Bill to preserve the right of
British built ships, was agreed and ordered to be sent.
Carolina.
Solicitor-General's report.
Colonel Rhet.
Duty on British commodities.
Mr. Shelton summoned.
Mr. Solicitor-General's report [fo. 164, 216], in answer to the
letter writ him the 26th of last month, upon one from Col. Rhet,
relating to a duty laid in Carolina on British commodities, was
read; whereupon ordered that Mr. Shelton, Secretary to the Lords
Proprietors of that province, be acquainted that the Board desire
to speak with him next Tuesday come sevennight.
April 9. Present:—Sir Charles Cooke, Mr. Docminique, Mr.
Pulteney, Mr. Bladen.
Barbadoes.
Agents.
Act for compiling the laws.
Acts.
Mr. Micklethwaite and Mr. Bampfield, two of the agents for
Barbadoes, attending, their Lords inquired of them whether they
had any instructions from that island, concerning the Act passed
there the 12th October, 1715, entituled, an Act for compiling the
laws of this island; to which the said gentlemen answered, that they
had not; whereupon they were acquainted that before the intended
collection of the Barbadoes Acts were printed and published, it
would be necessary that the same should be laid before this Board,
for their Lordships consideration; and the said agents promised
to signify it to their correspondents in Barbadoes accordingly.
Antigua.
Letter from General Hamilton.
Colonel Morris's suspension.
Mr. Nivine, Tryon and others.
Affidavits.
Dr. Wickham.
Colonel Morris's case.
Their Lordships taking into further consideration the letter from
Genl. Hamilton [fo. 182, 228], Governor of the Leeward Islands,
dated the 8th of February last, as also Col. Morris's letter, mentioned in the minutes of the 3rd instant, relating to the suspension
of the said Col. Morris from the Council of Antigua; and Dr. Wickham, and Mr. Nivine with Mr. Tryon attending, according to
appointment, as also Mr. Carpenter, Mr. Busby and other gentlemen
concerned in the Leeward Islands; the attested copies of several
affidavits referred to in Genl. Hamilton's said letter, were severally
read; whereupon Dr. Wickham was asked what he had to offer in
behalf of Col. Morris; to which he answered, that he had received
copies of several affidavits from Antigua, and expected the originals,
whereby he did not doubt to invalidate what had been sworn against
the said Morris; and he presented to the Board a state of Col.
Morris's case, which was read; and Mr. Carpenter, Mr. Chester and
Mr. Tryon being asked concerning his character, the former said,
that he only corresponded with him, that he never heard any
reproach cast upon him either as to any disaffection to His present
Majesty, or otherwise, and the two gentlemen last mentioned said,
they did not personally know him.
Dr. Wickham.
Colonel Morris's character.
Dr. Wickham was then desired to bring such of the most considerable merchants as are acquainted with Col. Morris, to inform the
Board of his character, and that he would let the Secretary know
when he should be ready to attend their Lordships again, in relation
to this affair.
Plantations General.
Circular letter.
Absence of councillors.
Ordered that the draught of a circular letter be prepared, to the
Govrs. or Commanders in Chief of His Majesty's plantations in
America, requiring them, when they give leave to any councillor
to be absent from their respective governments, to do the same under
their hands and seals, to be produced at this Board, as soon as
possible after such councillor's arrival in Great Britain.
Carolina.
Representation.
Sir R. Montgomery's new settlement.
A representation, directed the 4th instant, to be prepared, upon
several papers relating to a new settlement [fo. 188, 362] and
independent government, proposed by Sir Robert Montgomery to
be erected in South Carolina, was agreed and signed.
Trade.
Order of Council.
de Soulies's petition.
Salt—minorca.
Persons summoned.
An Order of Council, of the 16th of last month, referring to the
Board the petition of Mr. de Soulies [fo. 199], about making salt in
the island of Minorca, was read; and the said de Soulies attending,
the gentlemen undermentioned, were, at his request, desired to
come to the Board on Tuesday next come sev'night, vizt.:—
Sir John Jennings, Lieut. Genl. Carpenter, Col. Kane, Don Manuel
Marcader, Vicar-General of Minorca, Capt. Dubuc, Capt. Baxter,
Mr. Roope, Mr. Brown, and Mr. Harwood.
New York.
Attorney-General's report.
Act.
Settlement of lands.
Mr. Attorney-General's report upon an Act passed at New York
in 1710, entituled, an Act for the better settlement and assuring of
lands in this Colony, was read; whereupon ordered that a copy of
the said report be sent with the next letter to Brigadier Hunter [fo.
202], Governor of that province, &c. And that he be desired to acquaint the Board, if he have any thing further to offer concerning
the said Act.
April 22. Present:—Mr. Chetwynd, Mr. Pelham, Mr. Pulteney,
Mr. Bladen.
Jamaica.
Letter from Colonel Heywood.
Pirates.
A letter from Col. Heywood, Commander in Chief of Jamaica,
dated the 7th February, 1717–18, relating to the surrender of some
pirates [fo. 145, 281], was read.
Trade.
Mr. de Soulies and others.
Minorca, making salt.
Charge
600l.
Minorca—Salt.
Patent 14 years.
Written proposals.
Monsr. de Soulies [fo. 198, 211] attending, with Captain Dubuc,
Don Emanuel Marcader, Vicar-General of Minorca, Mr. Roope and
others, according to appointment, as also Mr. Robert Trelawny, all
which gentlemen, as they said, having been resident some time at
the Island of Minorca, their Lordships had some discourse with
them concerning the making salt in the said island; and they unanimously agreed, that the place was capable of producing great
quantities of that commodity, but they seemed not entirely to
concur in opinion as to the charge of making such an experiment,
as Monsr. de Soulies proposed, who said, that a large salt-pit might
be made at Fornelles, at the charge of about six hundred pounds,
which if the government did not think fit to undertake, Monsr. de
Soulies said, several merchants were ready to assist him in doing,
provided they might have a patent for the same for fourteen years;
but the said de Soulies being asked, if he had formed any scheme
for putting the design in execution; he said, he had only made a
draught of some ponds, which he proposed to be made, and humbly
submitted the rest to His Majesty and the Ministry; whereupon
he was directed to bring to this Board his two proposals distinctly
in writing, what he had to offer, in case the Government should think
fit to engage in making salt at Minorca, with the best estimate he
could make of the charge thereof, and the method of proceeding in
that affair, as likewise what encouragement would be expected by
particular persons., if the undertaking were left to them.
Waste lands.
At the same time, upon enquiry concerning any waste lands in
Minorca, it was observed by Don Emanuel Marcader, that there
were no lands in the said island, but what are either the property of
particular persons or townships, so that where any land is required
to be taken for salt-ponds, the same must be purchased.
Colonel Kane's opinion.
Col. Kane [fo. 198, 211] coming to the Board, upon the same
occasion, after the gentlemen above-mentioned were withdrawn,
he acquainted their Lordships, that in his opinion, the making salt
at Minorca would be a considerable advantage to His Majesty's
subjects, if the same could be brought to perfection; and that
General Carpenter and himself, with others, had formerly a design
of making an experiment of it;—that he was informed, it would be
necessary to have a supply of fresh water where the salt is to be
made, which would be a considerable expence, but that if the
Government incouraged persons of substance, that difficulty might
be made easy.
Fishery charter.
Heads.
sent Solicitor General.
Some heads of a charter of incorporation [fo. 173, 232] of the Grand
Fishery of Great Britain, were read; and their Lordships gave
directions for sending copies of the said heads of a charter, and of
the petition of several lords and others on that subject, mentioned
in the minutes of the 24th February last, to Mr. Solicitor-General,
for his opinion thereupon.
Leeward Islands.
Letter from Mr. Carkesse, Mr. Dunbar.
Act foreign sugars imported.
A letter from Mr. Carkesse [fo. 79, 231], Secretary to the Commissioners of the Customs, with the extract of one from Mr. Dunbar,
Surveyor-General of the Customs in the Leeward Islands, &c.,
relating to an Act passed at Antigua, to prohibit the importation of
foreign sugars there, were read, and their Lordships agreed to take
the same into further consideration at another opportunity.
New York.
Caveat against an Act.
Province-Debts.
A caveat signed by Mr. James Blew, in behalf of the merchants of
London, trading to New York, &c. [fo. 224], against an Act of that
province for paying and discharging several debts due from this
colony to the persons therein named &c., was read and ordered to
be entered.
Letter to Brigadier Hunter.
The draught of a letter to Brigadier Hunter [fo. 198, 206], Govt.
of New York, &c., was agreed and ordered to be transcribed.
Report to Committee of Council.
Mulford's complaints.
A report to the Lords of the Committee of Council for Appeals, &c.
[fo. 178, 206], pursuant to their order of the 20th of the last month,
relating to the complaints of Mr. Mulford against Brigadier Hunter
Govr. of New York, &c., was agreed and ordered to be transcribed.
April 23. Present:—Earl of Holdernesse, Mr. Chetwynd, Mr.
Docminique, Mr. Pelham, Mr. Pulteney, Mr. Bladen.
Antigua.
Act against papists.
Attorney-General's report.
Representation.
Their Lordships taking into further consideration the Act [fo. 190,
217] passed at Antigua the 2nd of March, 1715/16 to prevent the increase
of papists and nonjurors &c., with Mr. Attorney-General's report
and other papers relating thereto, as mentioned in the minutes of
the 8th inst. Directions were given for preparing the draught of a
representation upon the said Act.
Trade.
Mr. Hayes, Mr. La. Roche refusing Treasurer-factory, Lisbon.
Reason of Mr. La Roche's refusal.
Mr. J. Milner refused it.
Mr. Hays attending according to appointment, he was asked
several questions concerning Mr. La Roche's refusing [fo. 177, 206,
298] to act as Treasurer of the Factory at Lisbon. Whereupon
Mr. Hays, said he had been concerned in partnership with the said
La Roche, who now discontinuing the business, Mr. Hays had
ingaged himself in another house there. That he expected Mr. La
Roche here in a month or two, and that the main reason of his
refusing the treasurership of the factory was, his being busied in
making up his accounts in order to his return for this kingdom.
That Mr. Josiah Milner had likewise some time ago refused to
execute the office of treasurer, upon which another took it. And
as to what was observed by the Board concerning the said Mr. La
Roche having formerly declined to undertake the administration
of a deceased gentleman's effects, when the Factory had chosen
him for that purpose; Mr. Hays said, he was at Lisbon at that time,
that the affair which their Lordships hinted at, seemed very much
intangled; and that the house wherein Mr. La Roche was concerned
had then the care of two other administrations upon them, which
he thought was a reasonable excuse for refusing to be concerned
in a third that had a prospect of being very troublesome. Mr. Hays
added that there was a mistake made by the person he imployed to
draw up the reasons, in behalf of Mr. La Roche for not accepting
the said treasurership, where mention is made of the Board of Trade
having represented the said Mr. La Roche's being uncapable of
serving the Factory in any publick trust, it being only a memorial
to their Lordships.
Mr. Milner.
Mr. Hays being withdrawn, Mr. Milner came to the Board, as
he had been desired, and their Lordships having some discourse
with him on the same subject; he said, Mr. La Roche has always
been refractory and troublesome in the Factory. That the said
La Roche has refused the said charge three or four several times.
That in the 24 years the said Mr. Milner resided at Lisbon, he did
not remember any other instance of any member of the Factory
refusing absolutely to act as treasurer tho' several had been excused,
upon promise to serve another time, which they have accordingly
performed; and it being observed to Mr. Milner, that it was alledged,
Mr. Josiah Milner had refused the said office, he said that was only
for a time, when his partners had served very lately before it was
offered to him to serve, and that he had actually discharged the
office afterwards.
Letter to Mr. Secretary Craggs, la Roche—Lisbon.
Their Lordships then gave directions for preparing a letter to
Mr. Secretary Craggs upon this subject [fo. 203, 298].
New York.
Letter to Brigadier Hunter.
A letter to Brigadier Hunter [fo. 202], Governor of New York,
agreed at the last meeting, was signed.
Report to Lords of Appeal.
Mulford's complaints against the Governor.
A report to the Lords of the Committee for hearing Appeals
[fo. 202] from the plantations, relating to Mr. Mulford's complaints
against Brigadier Hunter, Governor of New York, as agreed at the
last meeting, was signed.
Miscellanies.
Trade.
Plantations General.
Letter from Earl Stanhope, Mr. West to attend law business at the Board.
A letter from Earl Stanhope, of the 21st instant, signifying His
Majesty's having appointed Richard West Esqr. [fo. 213] one of His
Majesty's counsel at law, to attend such law business relating to
trade and plantations, as this Board do not conceive of that importance, to require the opinion of His Majesty's Attorney or
Solicitor-General, was read, And Mr. West coming to the Board
was acquainted that he should have notice when their Lordships
desired his attendance.
New England.
Solicitor-General's 2nd report.
Disbanded officers settlement.
Mr. Solicitor-General's second report upon the petition of some
disbanded officers and soldiers [fo. 162, 224], for a settlement on
the lands between New England and Nova Scotia, was read, as
likewise the three papers undermentioned therein referred to, vizt.:—
Papers.
Mr. Coram's answer on the doubt arising, relating to a clause
in the Massachusets Charter.
Mr. Dummer's reply to Mr. Coram's answer.
Letter from Mr. Barnstead to Mr. Solicitor-General, relating
to the granting of lands in New England.
Memorial.
Marquis de Wignacourt, King's title to those lands; Mr. Solicitor General.
A printed memorial from the Marquis de Wignacourt [fo.]
relating to His Majesty's title to the said lands between New England
and Nova Scotia was also read, whereupon, ordered that the same
be sent to Mr. Solicitor-General for his consideration, and that he
be desired to inform the Board, whether he hath anything to add
to his former report on that matter.
Trade.
Ingram's memorial, wool transported.
A memorial from Mr. Ingram [fo. 117, 297] relating to the transportation of wool to foreign parts, and proposing methods to hinder
it, was read, and their Lordships resolved to proceed in the further
consideration thereof at another opportunity.
April 24. Present:—Earl of Holdernesse, Mr. Chetwynd, Sir
Charles Cooke, Mr. Docminique, Mr. Pelham, Mr. Pulteney,
Mr. Bladen.
St. Christophers.
Captain de Leuze, Mr. Cunyngham, Mr. Duport's losses.
Capt. de Leuze attending with Mr. Robert Cunyngham, of St.
Christophers, they desired their Lordships would grant them a
copy of the account which Mr. Duport [fo. 209] formerly laid before
this Board, of his losses at the island of St. Christophers, the said
Capt. having an account depending with Mr. Duport, who married
the mother of the Captain's wife; whereupon these gentlemen were
acquainted that it would be fit to speak with Mr. Duport, relating
to this matter, and directions were accordingly given, that he have
notice to attend the Board on Tuesday morning next.
Trade.
Treaty of commerce.
Venice; observations; letter to Sir N. Lloyd.
Their Lordships then taking again into consideration the project
of a treaty of commerce with Venice [fo. 162, 213], made some
observations thereupon, and ordered that a copy of the 16th art.
be sent to Sir Nathaniel Lloyd, His Majesty's Advocate General,
for his opinion concerning it.
April 29. Present:—Earl of Holdernesse, Mr. Docminique, Mr.
Pelham, Mr. Pulteney, Mr. Bladen.
St. Christophers.
Mr. Duport.
Captain de Leuze, Mr. Duport's losses.
Mr. Duport [fo. 208, 214] attending, according to appointment,
their Lordships desired to know, whether he had any objections
to their giving Captain de Leuze a copy of the account of the said
Mr. Duport's losses at the island of St. Christophers, as the said
Captain De Leuze had desired the 24th instant, to which Mr. Duport
answered, that he had some months ago obtained a determination
of a suit in Chancery against the said Capt. de Leuze,—that he
understood Mr. Cunyngham, who is a litigious person, had prevailed
with Capt. de Leuze to renew the said suit, who having married
the daughter of Mrs. Duport, had endeavoured to prove her mother
perjured, and other ways behaved herself in so undutiful a manner
that he thought they deserved no favour from him; however, he
said he had no objection to their Lordships giving a copy of the said
account.
Captain de Leuze's memorial, his wife's pretentaions, etc.
Capt. de Leuze likewise attending, a memorial from him, setting
forth his wife's pretentions to the estate and effects possessed by
Mr. Duport and his wife, and praying their Lordships recommendation, in case His Majesty should be graciously pleased to order any
reparation to be made for the said Duport's losses, that he the said
de Leuze may have such part thereof, as of right belongs to his wife,
and that he be allowed to have a copy of the account of Mr. Duport's
said losses, was read; whereupon their Lordships agreed to give
Capt. de Leuze an answer to the latter part of the prayer of his said
memorial to-morrow morning, there being nothing of the former at
present before the Board.
Newfoundland.
Letter from Mr. Lowndes.
Captain Taverner's services.
A letter from Mr. Lowndes [fo. 281] of the 24th inst., signifying
the Lords of the Treasury's desire to know what services Capt.
Taverner hath performed at Newfoundland, and if this Board have
any objections to him, was read; whereupon ordered, that the several
papers in this Office, relating to the said Taverner, be collected and
laid before the Board.
Nova Scotia.
Newfoundland.
Colonel Philops's 2nd memorial.
Brigadier Richards summoned.
A second memorial from Col. Philips [fo. Ill, 284], relating to
Nova Scotia and Newfoundland, was read; whereupon ordered, that
Brigadier Richards be acquainted, that the Board desire to speak
with him at eleven of the clock to-morrow morning.
Trade.
Colonel Kane's memorial.
Salt—Minorca.
A memorial from Col. Kane [fo. 199, 201, 284] relating to the
making salt at Minorca, was read.
Representation.
Mr. de Soulies.
Making salt.
Minorca.
Advantage to himself.
Salary; his services.
A representation from Mr. de Soulies, containing his propositions
for the making of salt at Minorca, in case the Government shall
think fit to undertake the same, or if it shall be thought fit to grant
a patent for it to merchants or others, was read; and the said
de Soulies attending, was asked what advantage he proposed to
himself in the said undertaking, to which he answered, one third
part of the net produce of the salt after the first charge of the
experiment, or a salary, in proportion as the salt and labour increase,
out of which third he proposed to defray the repair of the pits and
all future labour, and as to a salary, he said, he hoped their Lordships
would not think 300l. per ann. too much, which would be the only
support of himself and family, after his long and faithfull services,
of which he produced certificates.
Mr. Soulies being withdrawn, their Lordships agreed to take
this matter into further consideration at another opportunity.
Antigua.
Mr. Marsh, Act.
Anthony Brown.
Ordered that Mr. Marsh. [fo. 126, 220] who solicits in behalf of
the petitioners against an Act of Antigua, entituled an Act to
indemnify Anthony Brown and John Elliot of the aforesaid island
gentlemen from a certain bond and articles of agreement by them
entered into with George Pullen carpenter for the building a church,
be acquainted that the Board have some time expected to hear
when they would be ready to lay before their Lordships what they
have to offer, relating to the said Act; and that the Board think
it necessary to make a report as soon as may be, upon His Majesty's
order of reference, relating to that Act.
Trade.
Mr. Williams's memorial. Merchants opinion.
Treaty of commerce. Venice.
A memorial from Mr. Williams, containing the opinion of the
Venetian merchants [fo. 209, 218] upon 13 heads for a treaty of
commerce between Great Britain and that Republick, was read.
Plantations General.
Mr. West summoned.
Ordered that Mr. West [fo. 206, 222], one of His Majesty's counsel
at law, appointed to attend the service of this Board, be acquainted,
that their Lordships desire to speak with him on Friday morning
next.
April 30. Present:—Mr. Docminique, Mr. Pulteney, Mr. Bladen.
Barbadoes.
Mr. Walker summoned. Act licentiate lawyers.
Ordered that Mr. William Walker, late of Barbadoes, be
acquainted, that the Board desire to speak with him on Friday
morning next, in relation to the Act passed in that island in 1715,
entituled an Act impowering licentiate lawyers to practise as barristers in this island [fo. 218].
St. Christophers.
Captain de Leuze, Duport's losses.
Capt. de Leuze [fo. 209] attending, a copy of Mr. Duport's account
of his losses at St. Christophers, was ordered to be prepared for the
said captain, as he had desired.
Newfoundland.
Brigadier Richards. Garrison at Placentia; reports.
No materials, fortifications, Asmall fort.
Supply by Parliament.
Annapolis Brigadier Richards.
Brigadier Richards attending, their Lordships had some discourse
with him about the fortifications and garrison at Placentia [fo. 156]
in Newfoundland, whereupon he referred himself to his former
reports on that subject, particularly that made in conjunction with
the Comptrollers of the Army; and he added that no money had
been appropriated by Parliament for the fortifications and ordnance
service at Newfoundland, since Placentia has been in our hands, till
this year a small sum for bedding, &c. for the soldiers there.—That
there are no materials in Newfoundland for the fortifications, but
what are carried from hence, which he formerly got carried thither
by the fishing ships as ballast, and which is the cheapest way for
performing that service.—That in his opinion it would be most for
the advantage of Great Britain to have no settlements at Newfoundland, but a small fort and garrison only to keep possession of the
island, the repair of the old forts being like to be of great expence
to no purpose—that the erecting such a small fort may be worth
consideration, and a supply for that purpose demanded in Parliament; but that it is requisite to take immediate care for covering
the barracks and magazines, so as to preserve the men and provisions
from the severity of the weather, the expence whereof should be no
more than what is absolutely necessary, and for which Col. Philips
should have money or credit here. In relation to Annapolis and
the province of Nova Scotia, Brigadier Richards said, he could say
little, having an account of that place only by report from others.
That the French having a large colony against us, on that side it;
would be of great advantage to have one as strong to oppose it;
and it would be well if all our people who remain at Newfoundland,
except a small garrison, were removed to Nova Scotia.
Colonel Philips's memorials. Representation.
Brigadier Richards and Col. Philips being withdrawn, the two
memorials from Col. Philips, mentioned in the minutes of the 3rd
of March and 29th inst. were again read, and directions given for
preparing the draught of a representation to His Majesty's thereupon.
Carolina.
Letters from Mr. Shelton.
Indian War.
Act 10 per cent. duty.
Representation.
Two letters from Mr. Shelton [fo. 182, 220] Secretary to the
Lords Proprietors of Carolina, dated the 24th and 25th instant,
relating to the Indian war there, and an Act of that province,
whereby a duty of 10 per cent. is laid on British goods, were read,
and directions given for preparing the draught of a representation
to His Majesty, relating to the said Act.
Antigua.
Representation.
Act against papists.
Their Lordships took into consideration the draught of a representation upon the Act of Antigua, mentioned in the minutes of
the 8th instant, relating to papists [fo. 203, 224] and made a progress
therein.
St. Christophers.
Letter to Captain Priswick, Colonel Codrington's petition for land.
Ordered that a letter be writ to Capt. Priswick [fo. 73, vide infra],
who appears in behalf of Col. Codrington, to acquaint him, that
the Board desire to hear what the Col. has to offer upon his petition
for a tract of land in St. Christophers, referred to their Lordships
by Order of Council of 29th August last.