Journal, September 1726
September 7. Present:—Mr. Bladen, Mr. Plummer.
Act sent to Mr. Fane.
Ordered that the Act, passed at New York in June, 1726,
entituled, An Act to impower and enable Walter Dungan, surviving
kinsman of Thomas late earl of Lymerick, and two trustees with him
therein nominated, to sell some part of his estate for the payment
of his debts, and discharging some incumbrances, wherewith the same
estate now stands charged, be sent to Mr. Fane, for his opinion
thereupon in point of law, as also
Acts sent to Mr. Fane.
Two Acts, passed at Antego in March, 1725–6, entituled, An Act
to enable William Gregson of the City of London, Gentleman, to sell
and dispose of a certain plantation in the said island, formerly
belonging to Roger Williams, and
An Act to supply the defects of certain conveyances made of certain
lands and negroes in Antego belonging to Baptist Looby, Esquire.
The five following copies of Orders in Council were severally
Order in Council Lord Bishop of London's Jurisdiction.
Copy of an Order in Council of the 9th of August, 1726,
approving the draught of a commission for explaining and
ascertaining the Bishop of London's jurisdiction in His Majesty's
Order in Council concerning Acts about the revenue and laws.
Copy of an Order in Council of the 9th of August, 1726, [Journal
D.D. fo. 126], approving the report of the Lords of the Committee
stating the differences between the Act, passed in Jamaica in
1725–6, for granting a revenue to His Majesty and perpetuating
the laws there, and the draught of a Revenue Bill sent to Jamaica
to be passed in that island, and proposing the repeal of the said
Act, and a letter to the Duke of Portland under His Majesty's
Sign Manual, directing his Grace to pursue the orders signified to
him on the 7th of July last, transmitting the draught of a
Revenue Bill, by recommending the same to the Council and
Copy of an Order in Council of the 9th of August repealing
an Act, passed in Jamaica, for granting a revenue to His Majesty,
his heirs and successors, for the support of the Government of
this island, and for reviving and perpetuating the Acts and Laws
thereof as they have been introduced and used.
Order in Council.
Copy of an Order in Council of the 9th of August last, approving
a representation of this Board proposing Colonel Carey Broadbelt
to be of the Council of Nevis, in the room of Mr. Richard Abbot,
Order in Council, new councillors.
Copy of an Order in Council of the 9th August last, approving
a representation of this Board proposing John Daily and John
White, Esquires, to be of the Council of Montserrat, in the room
of John Cockran and William Irish, Esquires, deceased.
Colonel Spotswood's petition about his lands.
Colonel Spotswood and the agent summoned.
Their Lordships then took again into consideration the reference
upon Colonel Spotswood's petition, mentioned in the Minutes of
the 30th of the last month, in relation to some grants of land he has
in Virginia, whereupon their Lordships were pleased to order that
Colonel Spotswood and Mr. Leheup, agent for Virginia, should be
acquainted that the Board desire to speak with them on Wednesday next, at 11 o'clock in the morning.
September 8. Present:—Mr. Bladen, Mr. Plummer.
Letter from Mr. Leheup with an extract about Colonel Spotswood's grants.
A letter from Mr. Leheup, agent for Virginia, inclosing the
extract of one from Mr. Grimes, the Receiver General there, in
relation to Colonel Spotswood's grants of land, was read, and
Colonel Spotswood's petition on that subject.
Their Lordships then taking again into consideration Colonel
Spotswood's petition upon this subject, (mentioned in yesterday's
Minutes), agreed that the following queries should be sent to him
and to Mr. Leheup, for their particular answers, viz:
What number of acres Colonel Spotswood possesses ?
By virtue of what grants he holds them ?
When those grants bore date ?
Whether all the regular and accustomed steps were pursued
in the obtaining and making out those grants ?
What are the usual rights requisite to be produced upon the
making of grants ?
When are these rights payable ?
Representation for confirming an Act about Andrew Murray, Esquire.
A representation, ordered to be prepared the 11th of the last
month, for confirming an Act, passed at Antego in March, 1724–5,
for selling of certain lands lately belonging to Andrew Murray,
late of this island, Esquire, deceased, was agreed and signed.
Decrease in exports of woollen manufactures, draught of representation.
Their Lordships taking again into consideration the Order in
Council, dated the 19th of February last, mentioned in the Minutes
of the 26th of April, referring back the Board's representation of
the 1st of July, 1725, upon the state of the East India trade, as
also a letter from Mr. Woolley, Secretary to the East India
Company, giving some reasons for the decrease of the exportations
of woollen manufactures by the said Company, (mentioned in
the Minutes of the 7th June last), gave some directions for
preparing the draught of a representation thereupon.
Mr. Fane's report.
Reservation of trees to the Crown.
A copy ordered for Mr. Armstrong and Lieut. Governor Wentworth.
Mr. Fane's report upon that part of the charter of the Massachusets Bay, which reserves to the Crown trees of a certain
dimension, compared with the Act of Parliament passed in the
eighth year of His Majesty's Reign, 12th Chapter, 1st Section, for
giving further encouragement to the importation of naval stores,
etc., was read; and their Lordships gave directions for sending
a copy thereof to Mr. Armstrong, Deputy Surveyor of the Woods
in the Massachusets Bay, and to Mr. Wentworth, Lieut. Governor
of New Hampshire, for their information.
September 14. Present:—Mr. Docminique, Mr. Bladen, Mr.
Letter from Colonel Spotswood upon queries about his lands.
A letter from Colonel Spotswood, late Lieut. Governor of
Virginia, in answer to one writ him the 8th inst. with some queries
for his answer thereto, was read, as also
Letter from Mr. Leheup on the same subject.
A letter from Mr. Leheup, agent for Virginia, inclosing his
answer to the said queries.
Colonel Spotswood and agents attending.
Colonel Spotswood to answer the queries.
And Colonel Spotswood attending, as he had been desired, with
Mr. Clayton, Attorney General of Virginia, and Mr. Carey, as also
Mr. Leheup, their Lordships told Colonel Spotswood, that as his
aforesaid letter was not an answer to the queries sent him, they
could not enter into the consideration of his petition, mentioned
in the Minutes of the 30th of August last, till he had given his
answer accordingly, which he promised to do as soon as possible.
Letter from Major Drysdale.
A letter from Major Drysdale, Lieut. Governor of Virginia,
dated the 29th June, 1726, was read, and the papers, therein
referred to, were laid before the Board, viz:
Papers therein referred to.
List of persons fit to supply vacancies in the Council of
The present state of Virginia.
Account of ordnance and other stores of war.
Six naval officers' lists of imports and exports at the several
ports of Virginia.
Account of all the negroes imported into Virginia, from
Africa, for one year ending the 24th June, 1726.
Another letter from him.
Another letter from Major Drysdale, dated the 10th of July,
was read, and the papers, therein referred to, were laid before the
Papers therein referred to.
Minutes of Council, from the 10th June, 1725, to the 25th
Minutes of Council in Assembly, from the 12th May, 1726,
to the 7th June following.
Minutes of Assembly, from the 12th May, 1726, to the 7th
Account of His Majesty's revenue of Quit Rents, and of the
2s. per hogshead on tobacco in Virginia in 1726.
Account of births and burials, from the 15th April, 1725, to
the 15th April, 1726.
Copy of the Governor's speech, the addresses of the Council
and burgesses thereon, the Assembly's address to the king,
and also their representation in 1726.
Proclamations in 1725.
Thirteen public Acts and a private one passed in 1726.
Public Acts sent to Mr. Fane.
Whereupon ordered that the said public Acts be sent to Mr.
Fane, for his opinion thereupon in point of law.
Letter from President Carter.
A letter from Mr. Carter, Commander in Chief of Virginia,
dated the 25th of July last, signifying the death of Major Drysdale,
the late Lieut. Governor, was read, and the draught of an answer
was made thereto.
Letter to the Treasury about the King's share of a forfeiture.
Their Lordships, taking again into consideration Captain
Phenney's letter of the 26th of January, 1725–6, mentioned in the
Minutes of the 21st of June, 1726, agreed and signed a letter
to the Lords of the Treasury, desiring their Lordships will intercede
with His Majesty, that the bill for £183 17s. 4d. sent from the
Bahamas to Mr. Mulcaster, payable to their Lordships, it being
His Majesty's share of a forfeiture there, might be remitted
and applied to pay part of their public debts.
Mr. Smith against an Act of St. Christophers.
Mr. Smith, Secretary to the Leeward Islands, attending, desired
their Lordships would please to take into their consideration and
make their report upon the Act, passed at St. Christophers in
April, 1724, for the establishing a Court of King's Bench and
Common Pleas and for the better advancement of justice in the
Island of St. Christophers, and for settling certain fees and
repealing a former Act of the said island, intituled, An Act for
establishing of courts and settling due methods for the administration
of justice; their Lordships, after some discourse with Mr. Smith
thereupon, resolved to consider the same the first opportunity.
Copy of Mr. Armstrong's letter about the woods.
Letter to Mr. Attorney and Solicitor General thereupon.
Ordered that the copy of a letter to Mr. Burniston, Surveyor
General of the Woods in America, from Mr. Armstrong, his deputy,
dated at Boston the 10th March, 1725, mentioned in the Minutes
of the 21st June last, be sent to Mr. Attorney and Solicitor General,
for their opinion upon some queries, therein stated, in relation
to the woods.