Journal, May 1723

May 1. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Bladen.

Jamaica.

Two letters from Duke of Portland.

Two letters from the Duke of Portland, Governor of Jamaica, dated the 2nd of March last, were read, and the papers, therein referred to, laid before the Board, viz:—
Papers referred to.
Minutes of Council from the 8th of February, 1721-2, to the 9th of February, 1722–3.
Minutes of Council in Assembly from 14th June, 1722, to the 9th of February following.
Minutes of Assembly from the 23rd of January to the 9th of February, 1722–3.
Three Acts passed in February, 1722–3.

Acts about Revenue, etc.,to be sent to Mr. Attorney and Solicitor General.

Ordered that the two Acts, passed at Jamaica in 1722, entituled, An Act for making His Majesty's revenue perpetual and augmenting the same and continuing and declaring what laws are in force in this island, and An Act for the more effectual preventing of frauds and abuses in collecting His Majesty's Revenue be sent to Mr. Attorney and Mr. Solicitor General for their opinion thereupon in point of law.

May 3. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen.

Bermuda.

Representation.

New counsellor.

A representation for recommending Mr. Thomas Parsons to be of the Council of Bermuda, in the room of Colonel Smith (ordered to be prepared the 28th of the last month), was agreed and signed.

Leeward Islands.

Mr. Nivine and Mr. Marsh.

Act to indemnify Anthony Brown.

Antigua.

Ordered that Mr. Nivine and Mr. Marsh be acquainted that the Board have agreed to hear what they have to offer in relation to the Antego Act passed in 1715–16, entituled, An Act to indemnify Anthony Brown and John Elliot of the aforesaid island gent from a certain bond and articles of agreement by them entered into with George Pullen carpenter for the building a church in the parish of St. Philips in the said island and charge the said parish with the same, on Wednesday morning next.

May 7. Present:—Mr. Docminique, Mr. Ashe, Mr. Plummer.

North Carolina.

Burrington's certificate of security about Acts of Trade, etc.

A certificate from the Remembrancer's Office, that Mr. Burrington, appointed Governor of North Carolina, hath given security in the Exchequer, for his observance of the Acts of Trade and Navigation, was read.

Carolina.

Act about government of Charlestown.

Mr. West's report.

Mr. Young and Mr. Shelton summoned.

Mr. West's report upon an Act, passed at Carolina in June, 1722, for the good government of Charlestown, was read. Whereupon ordered that Mr. Yonge, agent for Carolina, and Mr. Shelton be acquainted that the Board desire to speak with them thereupon on this day sevenight at eleven o'clock in the morning.

New Jersey.

Mr. Burnet summoned about private Act concerning Robert Burnet's estate.

Ordered that Mr. Burnet, who appears in behalfe of an Act passed in New Jersey in 1719, entituled, An Act for vesting the lands late the estate and inheritance of Robert Burnet Esquire, late of the county of Monmouth in the province of New Jersey in trustees, to be sold and disposed of for the payment of debts, be acquainted that the Board desire to speak with him thereupon on Tuesday morning next.

May 8. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Antigua.

Mr. Nivine and Mr. Marsh.

Act to indemnify Anthony Brown and John Elliot.

Mr. Nivine declines appearing.

New Church.

Act to indemnify Brown and Elliot.

Sir William Thomson, counsel against it.

This day being appointed for hearing Mr. Nivine and Mr. Marsh in relation to the Act, passed at Antego in 1715–16, entituled, An Act to indemnify Anthony Brown and John Elliot gentlemen from a certain bond etc. And Mr. Marsh attending, with Sir William Thompson his counsel, in behalf of the inhabitants of the parish of St. Philips in Antego against the said Act, and the secretary acquainting the Board that Mr. Nivine had declined appearing in behalf of the said Act, their Lordships proceeded to hear what Sir William had to offer against it, who said, that he did not conceive that a new church could be in the least necessary, since there was already a church and a chappel built in the said parish, that were capable of containing more than the whole of the parishioners, and since they were obliged to keep the said church and chappel in repair, by virtue of an Act passed in that island in 1692, entituled, An Act for dividing the island into parishes and maintaining of ministers the poor and erecting and repairing of churches. That he thought it was unreasonable to build a new church for the convenience of eight or ten people, who were the only men that contended for building the same, when the majority of the inhabitants were against it. That the situation of the new church was within less than a mile west of the extent of the parish, which is nine miles in length and six in breadth. That he conceived the tax laid by the Act in question, was a hardship upon the inhabitants, since they had no occasion for another church, and since the gentlemen of that parish had already voluntarily subscribed £1,061, whereas by agreement the new church was to be built for £1,100.

Upon the whole, he desired their Lordships would represent to His Majesty the inconveniences attending this Act, in such manner as that it may be repealed.

Draught of letter to Colonel Hart thereupon.

Ordered that the draught of a letter be prepared to Colonel Hart, Governor of the Leeward Islands, upon this subject.

Miscellanies.

Accounts of incidental charges.

The Secretary then laid before the Board an account of the incidental charges of this office, from Michaelmas, 1722, to Lady Day, 1723, amounting in the whole, to three hundred seventy six pounds nine shillings and five pence three farthings, viz:—

whereupon a letter to the Lords of the Treasury, desiring payment thereof, as likewise of six months salary due to the secretary and other officers in the service of this commission, was agreed and signed.

Bermuda.

Acts sent to Mr. West.

Ordered that the following Acts, passed at Bermuda in 1722, be sent to Mr. West, for his opinion thereupon in point of law, viz:—
An Act to prevent the destruction of palmetto trees and to prevent fraud in the measure of platt in these islands.
An Act for the renewing the Act, entituled, An Act for the greater encouragement of planting Indian corn in these islands.
An Act for the lessening the number of the Assembly and registring the Acts.
An Act for making an addition to the salary of his Excellency, John Hope, Esquire, Governor of these islands.
An Act to prevent any person or persons in these islands from making, having or keeping any net or nets, exceeding the length of three fathoms and half, in his or their houses or other places whatsoever.

May 14. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Ashe, Mr. Plummer.

Carolina.

Mr. Yonge and Mr. Shelton against Act for good government of Charles Town.

Mr. Yonge, agent for Carolina, and Mr. Shelton attending, as they had been desired, in relation to the Act passed there in June, 1722, entituled, An Act for the good government of Charles Town, their Lordships, after some discourse with them thereupon, desired they would put in writing what they had to offer for and against the said Act, which they promised to do accordingly.

New Jersey.

Mr. Burnet.

Act about estate of Robert Burnet.

Mr. West's report.

Brigadier Hunter to give reasons for omission of saving clauses.

Mr. Burnet likewise attending, in relation to an Act, passed at New Jersey in 1719, entituled, An Act for vesting the lands late the estate and inheritance of Robert Burnet Esquire, late of the county of Monmouth in the Province of New Jersey, in trustees to be sold and disposed of for the payment of debts, Mr. West's report thereupon was read, and their Lordships resolved to consider further thereof, when Mr. Burnet should have procured from Brigadier Hunter, late Governor of New Jersey, his reasons for not having inserted therein the saving clauses required by his instructions, which he promised to do as soon as may be.

May 15. Present:—Earl of Westmorland, Mr. Ashe, Mr. Plummer.

Santa Lucia.

Mr. Cape, copies of papers relating to Captain Evans.

Mr. Cope attending, and desiring in behalf of the Right Honorable the Lord Carberry, that the Board would please to grant him copies of their report upon Captain Evans's petition for the island of Saint Lucia, and of the other papers about that matter, ordered that he have copies accordingly.

Carolina.

Letter from Mr. Burchet for copies of two Acts.

Answer.

A letter from Mr. Burchet, desiring copies of two Acts, passed at Carolina in 1721 and 1722, entituled, An Act for ascertaining public officers fees, and An Act for the good government of Charles Town. Whereupon ordered that a letter be writ to Mr. Burchet, to inclose the said copies.

May 21. Present:—Mr. Docminique, Mr. Bladen, Mr. Plummer.

Jamaica.

Letter from Lord Carteret about report on Acts concerning the Revenue, etc.

Letter to Attorney and Solicitor General to hasten their report.

A letter from the Lord Carteret, dated yesterday, desiring the Board to hasten their report upon the Acts passed at Jamaica in 1722, for settling the Revenue there, was read. Whereupon ordered that Mr. Attorney and Mr. Solicitor General be reminded of the secretary's letter to them of the 1st instant, transmitting the said Acts, and that they be desired to let their Lordships have their opinion thereupon as soon as may be.

May 22. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Jamaica.

Letter to Mr. West for his opinion on Acts.

Ordered that the following Acts, passed at Jamaica in 1721 and 1722, be sent to Mr. West, for his opinion thereupon in point of law, viz:—
An Act to impower the parishioners of the parish of Kingston to erect proper buildings for a court house and exchange, at the charge of the inhabitants of the said parish.
An Act to suspend a clause in an Act, entituled, An Act for ascertaining establishing and more speedy collecting Her Majesty's quit rents and for the future ease of the inhabitants of this island and better discovering His Majesty's quit rents.
An Act for the more easy obtaining of partitions of lands, tenements, negroes and other hereditaments in joynt tenancy in common and copartnery.
An Act to impose duties on several commodities and applying the same to several uses.
An Act for collecting and gathering in the several outstanding debts of this island.
An Act to oblige the several inhabitants of this island to provide themselves with a sufficient number of white people, or pay certain sums of money in case they shall be deficient, and applying the same to several uses.
An Act for fitting out a sloop or other vessel for guarding the sea coasts and better defence of this island.
An Act for establishing a perpetual anniversary fast on the 28th August.
An Act to impose duties on several commodities and applying the same to several uses.
An Act for fitting out a sloop or other vessel for guarding the sea coasts and better defence of this island.
An Act to oblige the several inhabitants of this island to provide themselves with a sufficient number of white people or pay certain sums of money in case they shall be deficient, and applying the same to several uses.
An Act to appropriate several sums of money to several uses.
An Act for preventing the frauds and regulating the abuses in trade.
An Act for laying out a road, from a place called the Cave in the parish of Westmorland over the mountains to the north east part of the same parish, or the west end of St. James's as the commissioners shall think most convenient.
An Act for settling the north east part of the island.
An Act for repairing the road leading from the Bogg Walk Plantation in the parish of St. Thomas in the Vale to the Angel River in the parish of St. Catherine.
An Act for encouraging the speedy settling of the plantation commonly called Pero or Pera Plantation, situate at Port Morant in the parish of St. Thomas in the East in this island, and for obliging all persons entituled to the equity of redemption thereof to redeem the same by a prefixed time.

Mr. Attorney and Solicitor Generals report on Acts about the Revenue and body of laws, etc.

Draught of representation.

Mr. Attorney and Mr. Solicitor General's opinion upon two Acts passed at Jamaica in 1722; the one, entituled, An Act for the making His Majesty's Revenue perpetual and augmenting the same and continuing and declaring what laws are in force in this island, and the other An Act for the more effectual preventing of frauds and abuses in collecting His Majesty's Revenue, was read. Whereupon ordered that the draught of a representation be prepared upon the said Acts.

May 23. Present:—Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Jamaica.

Representation on Acts about Revenue, etc.

A representation upon two Acts, passed at Jamaica in 1722, entituled, An Act for the making His Majesty's Revenue perpetual and augmenting the same, and continuing and declaring what laws are in force in this island, and An Act for the more effectual preventing of frauds and abuses in collecting His Majesty's Revenue, directed yesterday to be prepared, was agreed and ordered to be transcribed.

Representation on Act for augmentation of Duke of Portland's salary.

The draught of another representation upon an Act passed at Jamaica in 1722, entituled, An Act to augment the salary of His Grace the Duke of Portland, was also agreed and ordered to be transcribed.

May 24. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Ashe, Mr. Plummer.

Letter to Lord Carteret with representations on Acts.

A letter to the Lord Carteret with two representations this day signed to His Majesty, one upon an Act of Jamaica, for augmenting the salary of His Grace the Duke of Portland, their governor, the other upon two Acts of the same island, relating to the Revenue and the body of their laws, was signed.

Carolina.

Mr. Shelton's memorial.

Act about Charlestown.

A memorial from Mr. Shelton against the Act for making Charles Town a city incorporate, was read.

Memorial of merchants about paper money.

Mr. Yonge and Mr. Shelton to attend thereupon.

A memorial from several merchants concerning paper money in Carolina, was read; whereupon ordered that copies of the two said memorials be given to Mr. Yonge, and that he be ordered to attend the Board on Wednesday next at eleven of the clock in the morning, and further ordered that Mr. Shelton do attend at the same time.

Plantations General.

Merchants with memorial about a person skilled in Naval Stores to be sent to America, referred to the Treasury.

Mr. Sandford and several other merchants attending, presented to the Board a memorial proposing the appointment of some person well skilled in raising naval stores in the Plantations, which was read, and their Lordships acquainted them that as the appointment of such an officer was under the immediate directions of the Lords of the Treasury, it was proper for them to make application there.

May 29. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Ashe.

North Carolina.

Representation upon draughts of Mr. Burrington's instructions.

Ordered that a draught of a representation be prepared to His Majesty upon the draught of instructions in relation to the Acts of Trade and Navigation, to be observed by George Burrington, Esquire, Governor of North Carolina.

South Carolina.

Mr. Shelton and Mr. Yonge about Act relating to Charles Town.

To attend again.

Mr. Shelton and Mr. Yonge attending, as they had been desired, in relation to the Carolina Act for the good government of Charles Town, and Mr. Yonge desiring their Lordships to defer the consideration thereof until to-morrow morning, that he might have further time to put in writing what he had to offer, in answer to Mr. Shelton's memorial, (mentioned in the Minutes of the 24th instant), their Lordships were pleased to agree thereto, and ordered that the said Mr. Shelton and Mr. Yonge attend accordingly.

May 30. Present:—Earl of Westmorland, Mr. Chetwynd, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe.

North Carolina.

Representation.

Instructions for trade.

Captain Burrington.

A representation enclosing the draught of instructions relating to the Acts of Trade and Navigation for Captain Burrington, appointed Deputy-Governor of North Carolina, ordered yesterday to be prepared, was signed.

The following copies of Orders in Council, were read, viz:—

Jamaica.

Order confirming an Act about lands of George Reid.

Copy of an Order of Council, of the 26th February, 1722-3, confirming an Act, passed at Jamaica, for vesting certain lands in the parish of St. Thomas in the Vale in trustees for the use of George Reid, Esq., and his heirs.

Antigua.

Order repealing an Act about duty on goods and better support of the Governor.

Copy of an Order in Council, of the 29th November, 1722, repealing an Act, passed at Antigua in 1722, to lay a duty on goods imported, and raise an annual sum for the better support of His Excellency John Hart, Esquire,

St. Christophers.

Order confirming two Acts. Duties on goods.

£2000 per annum on the Governor.

Copy of the Order of Council, of the 29th of November, 1722, confirming two Acts, passed at St. Christophers in 1722, one for laying duties on sugar, molosses, etc., exported, the other for settling £2,000 per annum on His Excellency John Hart, Esquire.

Saint Lucia.

Saint Vincents.

Order. Instructions for Duke of Montagu.

Copy of an Order of Council, of the 29th November, 1722, approving the draught of instructions for the Duke of Montagu, proprietor of St. Lucia and St. Vincents, relating to the Acts of Trade, etc.

Newfoundland.

Order of Committee.

Representation on Colonel Moody's petition.

Copy of an Order of the Committee of Council, of 9th November, 1722, referring to the Lords of the Treasury a representation of the Board of Trade upon Colonel Moody's petition relating to some lands at Placentia in Newfoundland.

Bahamas.

Order about Publick Seal.

Copy of an Order of Council of the 29th November, 1722, directing a public seal to be prepared for the Bahama Islands.

Barbados.

Order confirming an Act about security for appellees.

Copy of an Order of Council of the 20th December, 1722, confirming an Act, passed in Barbadoes in May, 1720, appointing security to be given by appellees.

Order confirming several Acts.

Copy of an Order of Council, of the 29th November, 1722, for confirming several Acts passed in Barbadoes between the years 1714 and 1720.

Order repealing two Acts about depriving Mr. Gordon and Vestries.

Copy of an Order of Council, of the 29th November, 1722, for repealing two Acts, passed in Barbadoes in February, 1719-20, one to deprive William Gordon, clerke etc., the other for better regulating the power of vestries etc.

South Carolina.

Mr. Shelton.

Mr. Yonge. Act about government of Charles Town.

Mr. Shelton and Mr. Yonge attending, as they had been desired, with several other gentlemen in relation to the Carolina Act for the good government of Charles Town; Mr. Shelton's memorial, mentioned in the Minutes of the 24th instant, was again read, and he produced to their Lordships the following papers in proof of the several articles of his said memorial, viz:—
Papers in proof of Mr. Shelton's memorial.
Abstract of the town tax list.
The petition of the inhabitants of Charles Town to the General Assembly against the Corporation Act.
Copy of the petition of the inhabitants of Charles Town to the Governor, Council and Assembly against the Corporation Act.
Affidavit of Samuel Eveleigh in relation to proving the towns people were surprised into the law.
Copy of the muster roll of Captain Vanvelsin's company.
Copy of the muster roll of Captain Stoutenburgh's company.
Copy of the warrant of commitment of Eleazer Allen.
Copy of the warrant of distress on the goods and chattels of Samuel Eveleigh.

Representation for repealing Act about Charles Town.

Mr. Yonge then laid before their Lordships his answer thereto in writing, which was read, and their Lordships, after some discourse with these gentlemen upon the whole, ordered the draught of a representation to be prepared for repealing the said Act.