Journal, May 1730

May 1. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Newfoundland.

Capt. Osburn's queries.

The Lord Vere Beauclerk, Captain Osburn and Mr. Fane attending, Mr. Attorney General and Mr. Fane's reports upon Capt. Osburn's queries, mentioned in the Minutes of the 17th of the last month, were read, and the Board, after some discourse with Lord Vere and Captain Osburn thereupon, agreed to consider further thereof at another opportunity.

North Carolina.

Proceedings, Sir Richard Everard.

A letter to the Duke of Newcastle, ordered to be prepared the 29th of the last month, in answer to his Grace's letters of the 12th of November last, and to one read the 29th of last month, in relation to the unwarrantable proceedings of Sir Richard Everard, late Governor of North Carolina, in granting of land in that province, was agreed and signed.

South Carolina.

Proposals, Colonel Johnson.

Colonel Johnson, Governor of South Carolina, attending, with Capt. Burrington, Governor of North Carolina, the Board took again into consideration Colonel Johnson's explanation of his proposal, etc., read yesterday; and, after some discourse with him thereupon, gave directions for preparing the draught of an article to be inserted in his instructions, directing the manner of settling townships.

Trade.

Spain.

Losses.

Mr. Frere attending, presented to the Board two letters from himself of this day's date, the one enclosing

An affirmation and other testimonials of the Susannah sloop taken by the Spaniards.
And the other enclosing

An affirmation relating to the sloop Sarah and Mary being taken by the Spaniards.

Mr. William Bassnett attending, likewise presented to the Board a letter from himself, enclosing

Two affidavits relating to the ship Penelope being taken by the Spaniards.

Mr. Tobias Wall attending, presented to the Board an affidavit of the sloop Trial taken by the Spaniards.

Which papers were severally read.

Whereupon ordered that copies of the said papers be made, in order to their being sent to the Commissaries at Madrid.

May 2. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Sir O. Bridgeman.

Leeward Islands.

Santa Cruz.

Their Lordships took into consideration a state of His Majesty's title to Santa Cruz, and made a progress therein.

May 4. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham.

Barbadoes.

Dominica.

Their Lordships took into consideration His Majesty's title to Dominica, and made a progress therein.

May 5. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Cary.

Plantations General.

Vice Admiralty officers.

Their Lordships took into consideration the draught of a representation, ordered to be prepared the 30th of the last month, relating to complaints made by the officers of the Vice Admiralty Courts in the plantations, and made a progress therein.

Post Meridiem.

Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen.

Barbadoes.

St. Vincent's.

The Board took into consideration His Majesty's title to St. Vincent's, and made a progress therein.

Trade.

Leidgers.

A letter from Mr. Carkesse, Secretary to the Commissioners of the Customs, dated the 29th of the last month, with copies of two leidgers from the Inspector General's Office, for the years 1724 and 1725, was read.

South Carolina.

Instructions.

The draughts of instructions for Colonel Johnson, Governor of South Carolina, mentioned in the Minutes . . . . . . . . . . . . ., were again considered; and a letter was ordered to be wrote to Colonel Johnson, directing him to consult the merchants trading to South Carolina, and let the Board have an account of the difference between proclamation money and the present currency of that province.

May 6. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Cary.

Massachusetts.

Letters from Colonel Dunbar, with papers.

A letter from Colonel Dunbar, Surveyor General of His Majesty's Woods on the continent of America, dated at Boston, the 10th of December, 1729, was read, and the papers, therewith submitted, were laid before the Board, viz:—
Printed declaration of Colonel Dunbar, dated at Boston, the 2nd of December, 1729, relating to white pines to be reserved for His Majesty's use, and to such as are permitted to be cut for the use of private persons.
Printed collection of the proceedings of the Assembly of the Massachusetts Bay, relating to the fixing a salary on the Governor.

A letter from him, dated the 29th of December, 1729, with the copy of one from the Indian chiefs at Penobscot, was read.

A letter from Mr. Burchett, dated the 2nd of February, 1729–30, inclosing a copy of Colonel Dunbar's aforementioned declaration; as also an extract of a letter from him to Mr. Burchet, was read.

Ordered that the draught of an answer be prepared to Colonel Dunbar's said letters.

South Carolina.

Instructions.

Colonel Johnson, Governor of South Carolina, attending, their Lordships took again into consideration the draught of his instructions, and made a progress therein.

May 7. Present:—Earl of Westmorland, Mr. Docminique, Sir O. Bridgeman, Mr. Cary.

Massachusetts.

Answer to Colonel Dunbar.

The draught of a letter to Colonel Dunbar, Surveyor General of the Woods in America and lands in Nova Scotia, directed yesterday to be prepared, was agreed and ordered to be sent.

May 8. Present:—Earl of Westmorland, Mr. Pelham, Sir O. Bridgeman, Mr. Cary.

Trade.

Spain.

Losses.

Queries to the Attorney General.

Their Lordships, taking into consideration the letter from the Duke of Newcastle in relation to the claims of the merchants on account of the losses they sustained by the Spaniards, read the 9th of the last month, gave directions for writing to Mr. Attorney General for his opinion, whether the Board is sufficiently authorised to administer an oath to the said claimants? and whether a certificate of such oath will be a proper proof to be transmitted to the said Commissaries.

May 11. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Sir O. Bridgeman.

His answer.

Query to Mr. Attorney General.

Mr. Attorney General's opinion, in relation to the power of this Board's giving an oath and certifying the same, was read; whereupon ordered that a letter be wrote to Mr. Attorney General for his opinion, whether a certificate under the seal of this office, and attested by the Secretary, by order of the Board, of such oath having been taken, will not be equally authentic as if signed by three of the Board.

Plantations General.

Officers, Vice Admiralty.

The representation, ordered to be prepared the 30th of the last month, relating to complaints made by the officers of the Vice Admiralty Courts in the plantations, was agreed and signed.

Trade.

Order of the House of Lords, Rice.

An Order from the House of Lords, dated the 9th inst., directing the Board to lay before them any reports they may have made for taking off the enumeration of rice, was read; and extracts of such reports as relate thereto having been copied, the Earl of Westmorland was desired to present them to the House.

Nova Scotia.

Letter from Colonel Armstrong, with papers.

A letter from Colonel Armstrong, Lieutenant Governor of Nova Scotia, dated at Annapolis Royal, the 23rd of June, 1729, was read; and the papers, therein referred to, were laid before the Board, viz:—
Copy of the convention relating to Major Cosby and Mr. Mengenut.
An account of the seizure of a schooner called the Dragon for illegal trade.
Letters and other papers relating to the seizure of prohibited goods by the collector.
Ensign Wroth's resignation of his commission as adjutant.

Letters from Colonel Phillips.

The three following letters from Col. Phillips, Governor of Nova Scotia, were read, and the papers, therein respectively referred to, were laid before the Board, viz:—
A letter from him, dated at Canso, the 2nd of October last. Copy of the survey of the schooner William Augustus.

A letter from him, dated at Annapolis Royal, the 25th November, 1729.
Two addresses from the inhabitants of Canso to Colonel Phillips.
Proposals of a French Minister for settling a colony in Nova Scotia, with
An answer to the said proposals.

A letter from him, dated at Annapolis Royal, the 3rd January last.
The oath of allegiance taken by the inhabitants of Annapolis.
Address of the French inhabitants to Colonel Phillips.
Ensign Robert Wroth's articles and concessions.

Answer ordered.

Ordered that an answer be prepared to Colonel Phillips' said letters.

May 12. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Cary, Sir T. Frankland.

Trade.

Spain.

Losses.

Attorney General's letter.

A letter from Mr. Attorney General, in answer to one wrote him yesterday, in relation to this Board's power of administering an oath and of certifying the same, was read.

Newfoundland.

Capt. Osburn, Prisons, Court Houses.

Letter to Mr. Fane.

A letter from Capt. Osburn, Governor of Newfoundland, dated the 28th of March, 1730, in relation to the duty proposed to be laid for building prisons and court-houses, was read; whereupon ordered that a letter be wrote to Mr. Fane, with a copy of Capt. Osborn's, that he may inform the Board whether he has anything to offer in addition to his report, read the 1st inst., upon the same subject.

May 13. Present:—Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Cary.

Answer.

A letter from Mr. Fane, in answer to one writ him yesterday, relating to the duty proposed to be laid for building prisons and court houses in Newfoundland, was read, whereupon a letter to Captain Osburn was agreed and signed.

Nova Scotia.

Letter to Colonel Phillips.

The draught of a letter to Colonel Phillips, Governor of Nova Scotia, directed to be prepared the 11th inst., was agreed and ordered to be transcribed.

Trade.

Spain.

Losses.

The four following papers were received by Mr. Bladen from John Hedworthe, Esq., knight of the shire for the county Palatine of Durham, and delivered to the Board this day.

Deposition of Thomas Marsingall and Robert Bailiffe before the Lord Mayor and Court of Aldermen of London, the 23rd of January, 1721–2, with an account of the value of the Crown, of Newcastle, seized with her lading, etc., by the Spaniards in Malaga Road, the 6th of September, 1718, O.S.

Deposition of Thomas Marsingall, with an inventory of goods belonging to him seized in the aforesaid ship.

Deposition of Robert Bailiffe, with an account of goods belonging to him on board the said ship.

Copy of a second deposition of Robert Bailiffe, relating to the seizure of the said ship, etc.

May 20. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell, Sir Archer Croft, Bt.

Miscellanies.

New Commission.

A new commission under the great seal of Great Britain, bearing date the 14th inst., appointing James Brudenell, Esq., and Sir Archer Croft, Bart., to be of this Board, in the room of Walter Cary, Esq., and Sir T. Frankland, Bart., was read, and they took their places at the Board accordingly.

South Carolina.

Lord Carteret's petition.

An Order of the Committee of Council, dated the 14th inst., referring to the Board the petition of the Lord Carteret, praying that his eighth part of the province of South Carolina may be set out and allotted to him, etc., was read; and their Lordships gave directions, for preparing the draught of a report thereupon.

Leeward Islands.

Nova Scotia.

Bahamas.

New York.

New Seals.

The Secretary then laid before the Board warrants, dated the 13th of March last, signed by His Majesty, for the Governors of the Leeward Islands, Nova Scotia, the Bahamas and New York, to make use of the new seals for those Governors, and also letters for the said Governors, for inclosing the said warrants and also the seals, and the said letters were signed.

Nova Scotia.

Letter to Colonel Phillips.

A letter to Colonel Phillips, agreed at the last meeting, was signed, and a letter from the Secretary to him, in relation to the oath taken by the French, was agreed and ordered to be sent.

Barbadoes.

Santa Lucia.

Their Lordships, taking into consideration the state of the King's title to Santa Lucia, made a progress therein.

A letter from Colonel Warner, dated at Bath, the 4th of May, 1730, signifying his being a stranger to the transactions of Sir Thomas Warner, in relation to Santa Lucia, was read.

May 21. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Sir O. Bridgeman, Sir A. Croft.

Leeward Islands.

Additional salary.

Their Lordships took again into consideration the Order of the Committee of Council, relating to an additional salary for the Lord Forbes, Governor of the Leeward Islands, mentioned in the Minutes of the 14th of the last month, and gave directions for preparing the draught of a report thereupon.

South Carolina.

Lord Carterel's petition.

The draught of a report, directed yesterday to be prepared, upon an Order of the Committee of Council, referring to the Board the Lord Carteret's petition about his Lordship's eighth part of the province of Carolina, was agreed and ordered to be transcribed.

May 22. Present:—Mr. Docminique, Sir O. Bridgeman, Sir A. Croft.

The report to the Lords of the Committee upon the Lord Carteret's petition, agreed yesterday, was signed.

Trade.

Letter from Mr. Tigh.

A letter from Mr. Tigh, consul at Elsinore, dated the 31st of December, 1729, with lists of all ships, which have passed and repassed the Sound in 1729, was read, and the said lists were laid before the Board, whereupon an answer to Mr. Tigh's said letter was agreed and ordered to be sent.

New England.

Penalty to the person who informs about illegal practices.

A letter from Mr. Burchet, dated the 12th inst., desiring the opinion of the Board, whether, according to Colonel Dunbar's proposal, it may not be advisable for His Majesty to give the whole penalty to the person who informs of illegal practices, was read, whereupon ordered that the draught of an answer be made thereto.

May 26. Present:—Mr. Docminique, Mr. Ashe, Sir O. Bridgeman.

Leeward Islands.

Additional salary.

The report to the Lords of the Committee, relating to the additional salary for the Lord Forbes, Governor of the Leeward Islands, directed to be prepared the 21st inst., was agreed and signed.

Nova Scotia.

Letter to Col. Willamson upon Mr. Hintz being in town.

The Board being informed by Captain Elliot that last Friday he had seen Mr. Hintz, who should have been gone some time since in order to transport some Palatine families to Nova Scotia, ordered that a letter be wrote thereupon to Colonel Williamson, whose letter in behalf of the said Mr. Hintz was read the 12th of March last.

May 27. Present:—Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

South Carolina.

Instructions.

Their Lordships taking again into consideration the draughts of instructions for Colonel Johnson, Governor of South Carolina, the same were agreed and ordered to be transcribed.

Nova Scotia.

Colonel Williamson.

The letter to Colonel Williamson, in relation to Mr. Hintz, directed yesterday, was agreed and ordered to be sent.

Miscellanies.

Repair of rails.

Ordered that a letter be wrote to the Board of Works, desiring directions may be given for repairing the rails before this office.

Bahamas.

Sale.

Mr. Shelton, Secretary to the late Lords Proprietors of Carolina, attending, presented to the Board a letter from them, offering to sell the Bahama Islands to His Majesty, which was read, and their Lordships resolved to consider further thereof at another opportunity.

Antigua.

Act.

John Bradshaw.

The Secretary then laid before the Board An Act he had received from Mr. Yeamans, agent of Antigua, passed in 1729–30, for cutting off the intail of certain lands formerly of John Bradshaw, deceased, and settling the same upon Francis Delap of the Island of Antigua, merchant, and his heirs, subject to the right, and charged and burthened with several sums of money herein aforementioned, and their Lordships gave directions for sending the same to Mr. Fane, for his opinion in point of law thereupon.

May 28. Present:—Mr. Docminique, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman, Sir A. Croft.

Santa Lucia.

Their Lordships made a progress in the consideration of the state of His Majesty's title to Santa Lucia, mentioned in the Minutes of the 20th inst.