Journal, April 1724
April 1st. Present:—Earl of Westmorland, Mr. Pelham, Mr.
Bladen, Mr. Ashe, Mr. Plummer.
Trade.
Letter from Mr. Chapman.
Proceedings at Taunton against Edward Coward.
Woollen manufacturers seduced to Venice.
A letter from Mr. Chapman, dated the 23rd of March last,
with an account of his proceedings at Taunton Assizes against
Edward Coward, in relation to a woollen manufactory established
in the Venetian territories, and to artificers seduced from hence
for that purpose, was read.
Leeward Islands.
Mr. Nivine.
General Hamilton's Commission for trying pirates.
Letter to Lady Stapleton.
The Secretary then acquainted the Board, that Mr. Nivine
could not give their Lordships any information of the late General
Hamilton's Commission for trying pirates, as he had been desired
the 21st of February last, whereupon ordered that a letter be
writ to Lady Stapleton, (widow of the said General Hamilton),
upon the same subject.
Copies of the following Orders in Council were laid before the
Board and read, viz.:—
Massachusetts.
Order in Council.
about Act for apportioning and assessing a tax.
Order in Council of 14th January, 1723–4, referring to a Committee of Council a representation of this Board upon an Act for
apportioning and assessing a tax of £6,232 13s. 11d.
New York.
Connecticut.
Order in Council about division line.
Order in Council of 23rd January, 1723–4, approving a representation of this Board, for confirming An Act for running a
division line between New York and Connecticut.
New Jersey.
Order in Council on representation for altering the choice of Assembly-men.
Order in Council of 23rd January, 1723–4, approving a representation of this Board, proposing an alteration in the choice
of two members of the Assembly of New Jersey.
Virginia.
Order of Council on representation.
Counsellor.
Order in Council of 23rd January, 1723–4, approving a
representation of this Board, proposing Mr. Carter to be of the
Council of Virginia, in the room of Mr. Bassett, deceased.
Jamaica.
Order of Council.
Mr. Bowles' Act.
Order in Council of 23rd January, 1723–4, approving a representation of this Board, for confirming An Act of Jamaica for
enabling Trustees to sell the Estates of William Bowles and Charles
Bowles his son, etc.
Bermuda.
2 Orders in Council on representations.
Councillors.
Order in Council of 23rd January, 1723–4, approving a
representation of this Board, proposing Captain Tucker to be of
the Council of Bermuda, in the room of Mr. Brook.
Order in Council of 23rd January, 1723–4, approving a
representation of this Board, for appointing Mr. Rayner to
be of the Council of Bermuda, in the room of Mr. Tucker, deceased.
Barbadoes.
Orders in Council on representation.
Councillor.
Order in Council of 23rd January, 1723–4, approving a
representation of this Board, for appointing James Dottin,
Esq., a member of the Council of Barbadoes.
Act about imposition on wines.
Order in Council of 21st February, 1723–4, referring a representation of this Board for repealing An Act of Barbadoes laying
and imposition on Wines and other strong Liquors, to a Committee of
Council.
Virginia.
Order of Council on representation.
Act about liquors and slaves.
Order of Council, of 21st February, 1723–4, referring a
representation of this Board for repealing An Act of Virginia,
laying a duty on Liquors and Slaves, to a Committee of Council.
Newfoundland.
Letter to Mr. Burchet.
Heads of Inquiry, etc., for Commodore.
A letter to Mr. Burchet, secretary to the Lords Commissioners
of the Admiralty, with the usual heads of inquiry and instructions
for Captain Bowler, appointed Commodore of this year's convoy
to Newfoundland, directed to be prepared the 10th of last month,
was agreed and ordered to be sent.
April 2nd. Present:—Earl of Westmorland, Mr. Chetwynd,
Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Mr.
Plummer, Sir John Hobart.
New York.
Mr. West's representation on Mr. Livingston's Acts.
A report from Mr. West, dated the 16th August, 1723, upon an
Act, passed in New York in 1722, entituled An Act to enable
trustees therein named to take, sell and dispose of certain lots of
land, the estate of Gilbert Livingston in the City of New York, for
the payment of a certain Bond given and debt due to His Majesty
on the said Gilbert Livingston his contract for farming the Excise
of this province, was read; as likewise.
Another report from Mr. West, dated 14th March, 1723–4,
upon two Acts, passed at New York, one in 1721, entituled, An
Act to impower Gilbert Livingston to sell and dispose of certain
lots of land situate in New York; the other in 1721, entituled, An
Act for remitting and exempting Gilbert Livingston from paying
the sum of Three hundred pounds due from him for the excise on
strong Liquors farmed by him.
Letter to Mr. Srope for opinion of Lords of the Treasury.
Whereupon ordered that copies of the said Acts be sent to
Mr. Scrope, secretary to the Lords of the Treasury, for their
opinion thereupon.
Bermuda.
Letters from Colonel Hope.
Storekeeper's account.
A letter from Colonel Hope, Lieutenant Governor of Bermuda,
dated the 4th of July, 1723, was read, and the
Storekeeper's account of powder received and expended at
Bermuda, from 1707 to 1723.
therein referred to, was laid before the Board.
Another letter from Colonel Hope, dated the 14th January,
1723–4, was likewise read, and the paper, therein referred to, laid
before the Board, viz.:—
Answer to queries.
The Governor's answer to 17 queries containing a state of
those Islands.
A letter from Colonel Hope, to the secretary, dated the 14th
January, 1723–4, was read, and the papers, therein referred to,
laid before the Board, viz.:—
Papers therein referred to.
Proceedings of the Admiralty on the tryal of the sloop,
George and Elizabeth.
Richard Tucker, deputy provost marshall's, account of
King's rents, commencing the 25th June and ending 25th
December, 1722.
Henry Tucker, Esq., account of the duty on liquors imported,
commencing 24th January and ending 3rd August, 1723.
Richard Jennings, Esq., account of the 5 per cent. duty on
dry goods, commencing 28th January and ending 28th
June, 1723.
Richard Tucker, the deputy secretary's, account of the powder
money, commencing 23rd January, 1723, and ending
28th June, 1723.
The Secretary to write to Colonel Hope.
Whereupon ordered that the secretary acquaint Colonel
Hope that the Board have received his said letters, and that they
will send him an answer at the first opportunity.
St. Christophers.
Montserrat.
Representation on Acts.
The draught of a representation upon the Acts passed at St.
Christophers and Montserrat, mentioned in the Minutes of the
31st of last month, was agreed and ordered to be transcribed.
April 14th. Present:—Earl of Westmorland, Mr. Bladen, Mr.
Ashe.
Barbadoes.
Merchants about Act concerning Bills of Credit.
Mr. Newport, Mr. Wyet and Mr. Curtis attending, in relation
to an Act, passed at Barbadoes in 1723, entituled, An Act to raise
a levy on the Inhabitants of this Island, and to establish a method to
supply the want of cash for the payment of the public debts; and
desiring their Lordships would please to take the said Act into
their consideration and give them an opportunity of being
heard against the same;
Letter to Mr. West to hasten his report upon it.
Ordered that Mr. West be reminded of the secretary's letter to
him of the 27th of February last, and that he be desired to hasten
his report upon the said Act therewith sent him.
New York.
Letter from Mr. Scrope of the Treasury.
Livingston's Acts.
A letter from Mr. Scrope, secretary to the Lords of the Treasury,
in answer to one from the secretary upon the three Acts of New
York, mentioned in the Minutes of the last meeting, was read;
and the draught of a representation for confirming the said Acts,
was agreed and ordered to be transcribed.
April 15th. Present:—Earl of Westmorland, Mr. Chetwynd,
Mr. Bladen, Mr. Ashe, Sir John Hobart.
New York.
Representation on Livingston's Acts.
The representation for confirming the three following Acts,
passed at New York in 1721 and 1722, entituled, An Act to
impower Gilbert Livingston to sell and dispose of certain lots of
land, situate in New York, 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 and An Act to enable
trustees therein named to take, sell and dispose of certain lots of land,
the estate of Gilbert Livingston in the city of New York for the payment of a certain Bond given and debt due to His Majesty on the
said Gilbert Livingston his contract for farming the Excise of this
Province, agreed yesterday, was signed.
Leeward Islands.
Letters and papers from Colonel Hart.
The two following letters from Colonel Hart, Governor of the
Leeward Islands, were read, and the papers, therein referred to,
were laid before the Board, viz.:—
A letter from him, dated at Antigua the 3rd of December,
1723.
Minutes of Council of Nevis, in Assembly, from 8th of March,
1721–2, to 27th September, 1723.
Minutes of Assembly of Antigua, from 23rd April, 1722, to
the 28th June, 1723.
Address to His Majesty, from the Council and Assembly of
St. Christophers.
Copy of an address from the Council and Assembly of St.
Christophers to Colonel Hart.
Two Acts, passed at Antigua in November and December,
1723.
A letter from Colonel Hart, dated at Antigua the 11th December
1723.
Antigua.
A message from the Assembly of Antigua to the Lieutenant
General and Council, inclosing a bill for an additional
allowance to Colonel Hart, adding a clause to suspend its
execution till His Majesty's pleasure be known.
Copy of the said Bill.
Letter to the Duke of Newcastle.
Bill for the further provision to Colonel Hart at Antigua.
Ordered that the draught of a letter be prepared to His Grace
the Duke of Newcastle, one of His Majesty's principal secretary's
of State, in relation to the said bill proposed to be passed into
a law at Antego, to make provision for the better and more
honourable support of Colonel Hart, His Majesty's Governor of
the Leeward Islands.
April 16th. Present:—Mr. Ashe, Mr. Plummer.
Leeward Islands.
Letters to Duke of Newcastle.
Bill for Colonel Hart at Antigum.
The draught of a letter to the Duke of Newcastle, directed
yesterday to be prepared, in relation to a bill proposed to be passed
into a law at Antego, to make provision for the better and more
honourable support of John Hart, Esq., was agreed and ordered to
be transcribed.
April 17th. Present:—Mr. Bladen, Mr. Plummer.
A letter to the Duke of Newcastle, in relation to a bill proposed
to be passed into a law at Antegoa, to make provision for the
better and more honourable support of John Hart, Esq., His
Majesty's Governor of the Leeward Islands, agreed yesterday,
was signed.
April 21st. Present:—Earl of Westmorland, Mr. Chetwynd,
Mr. Docminique, Mr. Bladen, Mr. Ashe, Mr. Plummer,
Sir John Hobart.
Barbadoes.
Order of Council on representation about An Act for Quakers affirnation.
A copy of an Order in Council, of the 6th of April, upon a representation of the 31st March, 1724, for confirming An Act, passed
in Barbadoes in 1723, relating to the solemn affirmation of the
Quakers, referring the same to a Committee, was read, as also
New Hampshire.
Order in Council.
New Counsellor.
A copy of an Order in Council, of the 6th, upon a representation
of the 5th of April, 1724, for constituting Jotham Odiorn, Esq.,
of the Council of New Hampshire.
Barbadoes.
Letter from Mr. Scrope.
Petition of Mr. Cox for salary as President.
Sir Charles Cox.
A letter from Mr. Scrope, secretary to the Treasurer, of the
10th inst., referring to the Board by order of the Lords of the
Treasury, a petition of Samuel Cox, Esq., for salary due to him
when Commander in Chief at Barbadoes, was read; and Sir
Charles Cox attending, their Lordships had some discourse with
him, in relation to the time when Mr. Cox first began to act as
Commander in Chief there, but he not being positive to the time,
their Lordships were pleased to allow him till this day sen'night
to consider further thereof.
South Carolina.
Letter from Duke of Newcastle.
Papers from Monsr. Chammorel.
Frenchman, etc., seized.
Agent summoned.
A letter from the Duke of Newcastle, dated the 20th April,
1724, referring to the Board several papers received from Monsr.
Chammorel, touching the Sieur Couturier's being detained by the
Governor of South Carolina, was read; whereupon ordered that
Mr. Younge, agent for the said Province, be acquainted that the
Board desire to speak with him thereupon to-morrow morning.
April 22nd. Present:—Mr. Docminique, Mr. Ashe.
South Carolina.
Mr. Young, the agent, about
Monsr. Chammorel, complaint of a Frenchman, etc., seized.
Mr. Younge, agent for South Carolina, attending, as he had been
desired, their Lordships took again into consideration the letter
from the Duke of Newcastle of the 20th inst., referring to the
Board several papers received from Monsr. Chammorel, touching
the Sieur Couturier's being detained by the Governor of South
Carolina, mentioned in yesterday's Minutes, and asking him
whether he had received any account of this matter, he said, he
had not.
Letter to Duke of Newcastle.
Mr. Younge being withdrawn, their Lordships ordered the
draught of a letter to be prepared thereupon, to His Grace the
Duke of Newcastle, as also
Papers to be sent to General Nicholson.
That the secretary send a copy of the aforesaid papers to General
Nicholson, Governor of South Carolina, for an answer thereto.
April 23rd. Present:—Earl of Westmorland, Mr. Chetwynd,
Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe.
Letter to the Duke of Newcastle on papers from Monsr. Chammorel.
The letter to the Duke of Newcastle, in answer to one from his
Grace of the 20th, mentioned in the Minutes of the 21st inst.,
referring to the Board several papers received from Monsieur
Chammorel, touching the Sieur Couturier's being detained by
the Governor of South Carolina, was agreed and signed.
Letter to Mr. Shelton for opinion of Lords Proprietors on Mr. Johnson's Act.
Ordered that Mr. Shelton be desired to let their Lordships have,
as soon as possibly may be, the opinion of the Lords Proprietors
of Carolina, upon the Act passed in that province in 1721, for
vesting the Fee simple of a certain plantation commonly called the
Governor's house in the Honorable Robert Johnson, Esq.
April 24th. Present:—Earl of Westmorland, Mr. Chetwynd,
Mr. Docminique, Mr. Pelham, Mr. Ashe.
South Carolina.
Letter to General Nicholson upon papers from Monsr. Chammorel.
The letter to General Nicholson, ordered to be prepared the
22nd inst., in relation to the Sieur Couturier's being detained by
the said General Nicholson in South Carolina, was agreed and
ordered to be sent.
St. Christophers.
Montserrat.
Representation upon Acts.
The representation upon the Acts, passed at St. Christophers
and Montserrat, since the King's accession to the Crown to 1723,
(mentioned to be agreed in the Minutes of 2nd instant), was
signed.
April 28th. Present:—Earl of Westmorland, Mr. Chetwynd,
Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe.
Leeward Islands.
Letter from Colonel Hart.
Their Lordships read again the letters from Colonel Hart,
Governor of the Leeward Islands, of the 8th June, 3rd and 11th
of December, 1723, mentioned in the Minutes of the 20th
February last, and the 15th inst., and resolved to consider further
thereof to-morrow morning.
Letter to Duke of Newcastle with address to His Majesty from St. Christophers.
In the meantime, ordered that a letter be prepared to His
Grace the Duke of Newcastle, one of His Majesty's principal
secretaries of State, for enclosing to him, to be laid before His
Majesty, an address from the Council and Assembly of St.
Christophers, received with Colonel Hart's letter of 3rd December
last.
Representation.
New Councillor for St. Christophers.
As also that the draught of a representation be prepared, for
recommending Major Peter Soulegre, to supply the vacancy in
the Council of St. Christophers, occasioned by the death of Mr.
George Milward.
Letter from Lady Stapleton.
Commission for trying and pardoning pirates.
A letter from the Lady Stapleton, dated 13th April, 1724,
inclosing two Commissions to the late General Hamilton for trying
and pardoning pirates, was read.
Barbadoes.
Mr. Tryon about arrear of salary to late President Cox.
Mr. Tryon attending, in behalf of Sir Charles Cox, their
Lordships had some discourse with him in relation to an arrear of
salary due to Samuel Cox, Esq., when he was Commander in
Cheif at Barbadoes, mentioned in the Minutes of the 21st inst.,
and he acquainted their Lordships that the Lords of the Treasury
had ordered the payment of the salary due to Mr. Cox as President
of Barbadoes, to commence from the 12th October, 1720, which
was the day he was appointed to act as President by the Lords
of His Majesty's Council, but that he did not take upon him the
administration till the 5th of December following; Mr. Tryon
being withdrawn, their Lordships resolved to consider further
thereof to-morrow morning.
Massachusetts.
Agents of the Assembly about Minutes of Council to be produced at the hearing of complaints before Attorney and Solicitor General.
Mr. Cooke, Mr. Sanderson, Mr. Sharpe attending, in relation
to the complaints exhibited against the Assembly of the Massachusetts Bay; Mr. Cooke acquainted their Lordships, that Mr.
Attorney and Solicitor General, to whom the matter was referred,
had appointed next Saturday to hear what each party had to
offer in relation thereunto; he therefore desired that their Lordships would give leave that a clerk might attend at the same time
with the Minutes of Council of that Province for the years 1720,
1721 and 1722, which their Lordships did not think fit to grant.
April 29th. Present:—Earl of Westmoreland, Mr. Docminique,
Mr. Pelham, Mr. Bladen, Mr. Ashe.
South Carolina.
Lord Proprietors no objections to Mr. Johnson's Act.
Representation on said Act.
The secretary acquainted the Board that Mr. Shelton, secretary
to the Lords Proprietors of Carolina, had informed him, that their
Lordships would make no objection to the Act, passed in Carolina
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 Honourable Robert Johnson, Esq., whereupon ordered that
the draught of a representation be prepared for confirming the
same.
Barbadoes.
Mr. West Pressed for his report on an Act.
Ordered that Mr. West be acquainted that the Board expect
he will make his report, as soon as possibly may be, upon the Act,
passed in Barbadoes in 1723, entituled, An Act to raise a levy
on the Inhabitants of this Island, and to establish a method to supply
the want of cash for the payment of public debts.
Trade.
Letter from Mr. Carkesse.
Account of sugars exported.
Account of imports desired.
A letter from Mr. Carkesse, secretary to the Commissioners of
the Customs, inclosing an account of sugars exported from this
kingdom to all parts, from Christmas, 1719, to Christmas, 1723,
was read; and ordered that he be desired to send an account of
the importation of sugar for the same time.
Leeward Islands.
Answer to Colonel Hart's letters.
Their Lordships took again into consideration the letters from
Colonel Hart, mentioned in yesterday's Minutes, and ordered that
the draught of an answer should be prepared thereto.
St. Christophers.
Representation.
New Councillor.
The draught of a representation, directed yesterday to be prepared, for recommending Major Peter Soulegre to supply a vacancy
in the Council of St. Christophers, occasioned by the death of
Mr. Milward, was agreed and ordered to be transcribed.
Letter to Duke of Newcastle, with address.
The draught of a letter to His Grace the Duke of Newcastle,
directed yesterday to be prepared, for enclosing to him, to be laid
before His Majesty, an address from the Council and Assembly
of St. Christophers, received with Capt. Hart's letter of 3rd
December last, was likewise agreed and ordered to be transcribed.
Barbadoes.
Letter from Mr. Scrope.
Their Lordships taking again into consideration the letter from
Mr. Scrope, referring to the Board a Petition by order of the Lords
of the Treasury, relating to an arrear of salary due to Samuel
Cox, Esq., when he was Commander in Chief at Barbadoes,
mentioned in the Minutes of the 21st inst., ordered the draught
of a letter to be prepared thereupon to the Lords of the Treasury.
April 30th. Present:—Earl of Westmorland, Mr. Chetwynd,
Mr. Docminique, Mr. Pelham, Mr. Bladen.
St. Christophers.
Representation.
New Councillor.
The representation for appointing Major Peter Soulegre to
supply the vacancy in the Council of St. Christophers, occasioned
by the death of Mr. George Milward, agreed yesterday, was signed;
as also
Letter to Duke of Newcastle.
Address.
The letter to the Duke of Newcastle, for enclosing to him, to be
laid before His Majesty, the address of the Council and Assembly
of St. Christophers.
South Carolina.
Representation.
Mr. Johnson's Act.
The representation, agreed yesterday, for confirming the Act
passed in South Carolina 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 Honourable Robert Johnson, Esq., was
signed.
Barbadoes.
Letter to Lords of the Treasury.
Mr. Cox's arrear of salary.
The letter to the Lords of the Treasury, upon the petition of
Samuel Cox, Esq., in relation to an arrear of salary due to him
when he was Commander in Chief at Barbadoes, agreed yesterday,
was signed.
Massachusetts.
Mr. Partridge and Mr. Sharpe.
Memorial of Quakers praying a representation on Act about taxing Quakers for a Presbyterian Minister.
Mr. Partridge attending, with Mr. Sharpe his solicitor, presented
to the Board a memorial in behalf of some Quakers who are in
prison in the Massachusetts Bay, for not assessing the tax levied
by an Act, passed there in 1722, entituled, An Act for a apportioning
and assessing a tax of six thousand, two hundred and thirty two
pounds, thirteen shillings and elevenpence, and praying that their
Lordships would please to report upon the Act lately come over
for the same purpose, which memorial was read; and Mr. Sharpe
acquainted their Lordships, that the Lord Chief Justice King
was of opinion, when this affair was last heard at the Council,
that the Quakers now in prison could not be released, but by the
repeal of the Act, for breach of which they had been committed;
that supposing the Act was repealed, the taxes already levied
would be as good and valid, as if the Act were confirmed, and that
the taxes not already paid, in case the Act be repealed, could not
in that case be legally collected. These gentlemen being withdrawn,
Representation ordered.
Ordered that the draught of a representation be prepared for
repealing the forementioned Act, passed in 1723.
Miscellanies.
Clerks of the office not to be agents for Plantations.
Their Lordships, taking into consideration the inconvenience of
suffering any clerk in their office to act as Agent for any of the
Plantations or Colonies in America, do hereby direct, that if
any such are imployed as agents, the secretary do acquaint them
with this resolution, and dismiss them from their posts in the
office, in case they continue to act as such.