Journal, November 1730

November 3. Present:—Mr. Docminique, Mr. Bladen, Mr. Brudenell.

Plantations General.

Report, Fines, Act of Parliament, sent to Col. Dunbar.

Mr. Fane's report, in relation to fines imposed by English Acts of Parliament and payable in the plantations, was read, and a copy thereof ordered to be sent in the first letter to Colonel Dunbar.

Virginia.

Letter from Mr. Fitzwilliam for copies of Minutes of Assembly.

A letter from Mr. Fitzwilliam, Surveyor General of the Customs of Virginia, Carolina and Jamaica, desiring copies of the last Minutes of Assembly of Virginia, and of the Governor's last letter, was read, and Mr. Fitzwilliam attending, the Board acquainted to have them if he is complained of.
him, that if any complaints should come to this office against him, he should have copies of any of the said Minutes, which related to him.

Barbadoes.

Santa Lucia.

Evacuation.

A letter from the Duke of Newcastle, dated the 22nd of October last, referring to the consideration of the Board a paper, which the Lord Waldegrave had received from the Garde des Sceaux, upon his Lordship's communicating to him the draught of an order for evacuating of Santa Lucia, and desiring the Board's opinion upon the said paper, as also upon the right, which the French pretend to the islands of Santa Cruz and Tobago, was read, and their Lordships resolved to consider further thereof on Tuesday next.

November 4. Present:—Mr. Docminique, Mr. Bladen.

Antigua.

Act.

Roger Williams.

The Secretary acquainting the Board that Mr. Sharpe had desired their Lordships would appoint some day for taking into consideration the Act, passed at Antigua in 1725–6, to enable William Gregson of London, gentleman, to sell and dispose of a certain plantation in the said island, formerly belonging to Roger Williams; their Lordships agreed to consider thereof on Tuesday morning next, and gave directions that all parties should be summoned to attend at the same time.

Massachusets.

Answer to Colonel Dunbar.

Their Lordships then gave directions for preparing the draught of an answer to the letters from Colonel Dunbar, mentioned in the Minutes of the 28th and 29th of the last month.

New England.

To give account of ships built.

Ordered that the draught of an instruction be prepared for the Governor of New England, directing him to give annual accounts of all ships built in that province.

To prosecute Jeremiah Foolsom.

Ordered that a copy of the proceedings on a prosecution against Jeremiah Foolsom, for cutting mast trees without licence, in New England, mentioned in the Minutes of the 29th of the last month, be sent to Mr. Burchet, to be laid before the Lords of the Admiralty, with the desire of this Board that directions may be given for prosecuting the appeal thereupon.

Nova Scotia.

Letter to War Office for men to attend Colonel Dunbar.

Ordered that the draught of a letter be prepared to the Secretary at War, to desire he will receive the King's directions, that the detachment from Colonel Phillips' regiment in Nova Scotia, which by his instructions is to attend Colonel Dunbar during the time he is setting out the King's woods in that province, may consist of 40 men.

November 10. Present:—Mr. Pelham, Mr. Brudenell, Sir Archer Croft.

Antigua.

Gregson's Act.

Mr. Paris, attorney for Mr. Gregson, attending, as he had been desired, in behalf of an Act, passed at Antigua in 1725–6, to enable William Gregson of London, gentleman, to sell and dispose of a certain plantation in the said Island, formerly belonging to Roger Williams, as also Mr. Sharpe, who opposes the said Act, with Mr. Fane, their Lordships took the same into consideration, and read Mr. Fane's report thereupon; but Mr. Paris desiring one month may be allowed him to answer the objections thereto, the Board appointed this day month for that purpose.

Pennsylvania.

Acts.

Courts of Judicature.

Mr. Sharpe desired a day may be appointed for considering the Act, passed at Pennsylvania in 1727, for establishing Courts of justice in this province, and their Lordships likewise appointed this day month for that purpose.

St. Christophers.

Act for settling titles.

Ordered that the Act, passed at St. Christophers in 1712, for settling the estates and titles of the inhabitants of this island to their possessions within the same. And the

Jamaica.

Equilty of redemption, Arcedeckne.

Sent to Mr. Fane.

Act, passed at Jamaica in 1724, for vesting the equity of redemption of certain lands in the parish of St. Thomas in the Vale, late the estate of Mr. Thomas King, deceased, in Andrew Arcedeckne and Alex Harrison, Esq., and their heirs, and for enabling them to sell and dispose of the said lands for the payment of the said Thomas King's debts; be sent to Mr. Fane, for his opinion thereupon in point of law.

Massachusetts.

Letter from Colonel Dunbar,

A letter from Col. Dunbar, dated at Boston, the 6th of October, 1730, was read, and the paper, therewith transmitted, laid before the Board, viz:—
with a paper.
Journal of the House of Representatives of the Massachusetts Bay, from the 9th to the 26th of September, 1730, inclusive.

And their Lordships resolved to consider further thereof tomorrow morning.

The three following copies of Orders in Council were read.

Jamaica.

Hayman, a Councillor.

Order in Council approving a report of this Board, and appointing William Hayman, Esq., one of the Council of Jamaica, in the room of Mr. Swymmer, deceased.

Plantations General.

Penalties to the informer.

Order in Council approving a report from the Lords of the Committee of Council, upon the draughts of additional instructions prepared by this Board, in relation to His Majesty granting to the informer his share of the penalties inflicted on persons destroying the woods, dated the 17th of November, 1730.

South Carolina.

Instructions approved.

Order in Council of the 17th of September, 1730, approving the draughts of instructions prepared by this Board for Robert Johnson, Esq., Governor of South Carolina.

Jamaica.

Report, Act, Papists, signed.

The report for confirming the Act, passed at Jamaica in 1729, to prevent dangers that may arise from disguised, as well as declared Papists, agreed the 20th of the last month, was signed.

November 11. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Massachusetts.

Colonel Dunbar, letter considered.

Letter to the Duke of Newcastle.

Mr. Jeremiah Dunbar attending, the Board took again into consideration the letter from his brother, which was read yesterday, and another from his said brother to himself upon the same subject; and, after some discourse with Mr. Dunbar thereupon, their Lordships agreed and signed a letter to His Grace the Duke of Newcastle, with copies of the aforesaid letters.

A letter from Mr. Belcher, Governor of the Massachusetts Bay and New Hampshire, dated the 7th of October, 1730, was read.

Miscellanies.

Repairs.

The letter to the Lords of the Treasury, desiring them to give directions that the rails of this office may be repaired, agreed the 30th of September last, was signed.

November 12. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

Massachusetts.

Mr. Paxton, state of the title.

Mr. Paxton attending, their Lordships gave him directions to finish and lay before the Board, on Tuesday next, the state of the title, which the people of the Massachusetts Bay pretend to the land between the rivers Kennebeck and St. Croix.

Capt. Coram and Mr. Dunbar attending, their Lordships acquainted them that in a few days, the aforegoing state of the Massachusetts Bay would be laid before Mr. Attorney and Mr. Solicitor General, and desired they would be ready to give them all the light they could into this matter.

Barbadoes.

Santa Lucia.

Evacuating.

Their Lordships, taking again into consideration the letter from the Duke of Newcastle referring to the consideration of the Board, a paper, which the Lord Waldegrave had received from the Garde des Sceaux, upon his Lordship's communicating to him the draught of an order for the evacuating of Santa Lucia, and desiring the Board's opinion upon the said paper, as also upon the right, which the French pretend to the islands of Santa Cruz and Tobago, read the 3rd inst., gave directions for preparing the draught of a representation thereupon.

Connecticut.

Act, Intestates' estates.

Their Lordships then took again into consideration the Order of the Committee of Council, in relation to the Act, passed at Connecticut, for the settlement of intestates' estates, mentioned in the Minutes of the 21st of April last, and and gave directions for preparing the draught of a report thereupon.

November 17. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Santa Lucia.

Tobago and Santa Cruz.

To be evacuated.

A letter from the Duke of Newcastle, dated the 13th of November, 1730, was read, and the papers, therein referred to, laid before the Board, viz:—
Copy of the Earl of Waldegrave's letter to His Grace the Duke of Newcastle, dated the 5–16 November, 1730.
Observations sur le projet d'Ordre de la Cour d' Angleterre pour l'evacuation de l'isle de St. Alousie, etc., remis a myLord Waldegrave par Monsr. le Garde des Sceaux, November 11th, 1730.
Projet de 1' Ordre Francais pour l'evacuation de l'isle de St. Alousie, etc., remis a mylord Waldegrave par Monsr. le Garde des Sceaux, le 11 November, 1730.
Pretensions des Francais sur les isles de St. Croix et de Tobago, remis à myLord Waldegrave par Monsr. le Garde des Sceaux, 11 Novembre, 1730.

Santa Lucia.

And their Lordships agreed upon the draught of another order for the evacuation of those islands, and resolved to consider the draught of a representation upon this matter to-morrow morning.

Massachusetts.

Mr. Paxton.

state of the case.

Mr. Paxton attending, as he had been desired, as also Capt. Jackson, Capt. Coram and Mr. Dunbar, Mr. Paxton presented to the Board the state of a case for the opinion of the Attorney and Solicitor General prepared by him, relating to the title, which the province of the Massachusetts Bay pretends to have to the land between Kennebeck and St. Croix, and some questions arising thereupon with respect to the extent of Nova Scotia, during the time the French were in possession thereof, Mr. Coram and Capt. Jackson informed the Board, that the French were in possession both of Nova Scotia and of the particular tract of land in question, at the time the charter was granted to the Massachusetts Bay; that Nova Scotia was yielded to the French by the treaty of Ryswick, but was conquered by the English in 1710, and yielded to them by the treaty of Utrecht; that the French had actually built a church on the river Sagadahoc, and that the Council of war, upon the reduction of this province, had signed a memorial to the late Queen Anne, wherein they mention the country, conquered from the French, to extend from Point Gaspe to Kennebeck river, a copy of which memorial Capt. Jackson promised to lay before the Board, if he could find the same.

To be laid before the Attorney General.

Their Lordships being satisfied with the state of the case so prepared, as aforesaid, gave Mr. Paxton directions to lay the same before Mr. Attorney and Solicitor General, for their opinions in point of law thereupon.

November 18. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

Connecticut.

Act, Intestates' estates.

Letter to Mr. Fane.

Their Lordships taking into consideration the Order of the Committee of Council upon the petition of Jonathan Belcher and Jeremiah Dummer, Esq., agents for Connecticut, about the repeal of an Act passed there for the settlement of intestates' estates and praying that His Majesty will confirm to the inhabitants of that Colony the estates they now hold under the distribution of intestates' real estates, and enable them to divide the lands of intestates, etc., mentioned in the Minutes of the 12th inst.; ordered that a letter be wrote to Mr. Fane, for his opinion, whether the King can, without the assistance of Parliament, gratify them in their request.

Their Lordships then made a progress in considering the draught of a report, in relation to the evacuation of Santa Lucia, ordered to be prepared the 12th inst.

November 19. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

Massachusetts.

Nova Scotia.

The Governors not to proceed against the new settlers.

The Secretary laid before the Board the duplicate of an order from his Majesty in Council, dated the 12th inst., forbidding the Governor of the Massachusetts Bay to proceed any further against the new settlers under Col. Dunbar, till the title to the land shall be determined; and the same being read, ordered that the said duplicate be sent to Col. Dunbar.

Virginia.

Act, Tobacco, sent to the Commissioners of the Customs.

Ordered that the Act, passed at Virginia in July last, for amending the staple of tobacco, and for preventing frauds in his Majesty's Customs, be sent to the Commissioners of the Customs for their opinion thereupon.

November 24. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

Nova Scotia.

Letter to the Secretary at War.

Men to attend Colonel Dunbar.

The letter to Sir Wm. Strickland, Secretary at War, desiring him to receive the King's directions that 40 men out of Col. Phillips' regiment may attend Col. Dunbar, Surveyor General of the Woods, whilst he is upon that service, ordered to be prepared the 4th inst., was sent.

Massachusets.

Letter to the Attorney and Solicitor General about the peoples' right to Kennebeck.

Ordered that a letter be wrote to Mr. Attorney and Solicitor General, to desire they will hear all parties concerned, and let the Board have their opinion concerning the pretended right, which the people of the Massachusetts Bay have set up to the land between the rivers Kennebeck and St. Croix in opposition to His Majesty.

Massachusetts.

Mr. Wilks to attend the Attorney and Solicitor General.

Mr. Wilks, agent for the Massachusetts Bay, attending, the Board acquainted him with their aforementioned reference to the Attorney and Solicitor General, that he may have an opportunity of attending them in behalf of the said province.

Connecticut.

Mr. Fane's report, Act, Intestate's estates.

Report ordered.

Mr. Fane's report upon the letter writ to him the 18th inst., relating to the requests made by the agents of Connecticut concerning the repeal of the Act, passed there, for the settlement of intestates' estates, was read, and directions were given for preparing the draught of a report thereupon.

November 25. Present:—Mr. Pelham, Mr. Bladen, Mr. Brudenell.

Barbadoes.

Mr. Salter, a councillor, dead.

A certificate from the Mayor of Bristol, dated the 17th of October last, signifying the death of Mr. Salter, one of the Council of Barbadoes, who died in his passage to Bristol, was read, and

Mr. Haggot recommended.

A representation, recommending Othniel Haggot, Esq., to supply his place, was agreed and signed.

New Hampshire.

Letter from Mr. Burchet.

Prosecution of Jeremiah Foolsom.

A letter from Mr. Burchet, dated the 23rd inst., desiring a copy of the instructions to the Governor of New Hampshire, relating to the felling of wood, may be given to Dr. Sayer, the Lords of the Admiralty having referred to him the proceedings on a prosecution against Jeremiah Foolsom, for cutting trees without license there, was read, and a copy of the said instructions was ordered to be made and sent to Dr. Sayer.

November 26. Present:—Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir A. Croft.

Barbadoes.

Santa Lucia.

The representation with the draught of an order for evacuating Santa Lucia, St. Vincent's and Dominica, agreed the 17th inst., was signed, as also a letter, for enclosing the same to the Duke of Newcastle.

Bermuda.

Letter from Mr. Pitt.

A letter from Capt. Pitt, Lieutenant Governor, and the Council of Bermuda, dated the 16th of October, 1729, was read.

Mr. Nodin summoned.

Ordered that Mr. Nodin, agent to the said Col. Pitt, do attend the Board on Tuesday morning next.

Newfoundland.

Letter from the Duke of Newcastle.

A letter from the Duke of Newcastle, dated the 24th inst., was read, and the papers, therein referred to, were laid before the Board, viz:—
with papers from Capt. Osburn.
Copy of Capt. Osburn's letter to the Duke of Newcastle, dated the 25th of September, 1730.
The division of Newfoundland into proper districts.
Copy of the state of the garrison at Placentia.
Copy of the propositions for building a prison at Ferryland.
Copy of the petition of the Justices of the Peace at St. Johns'.
Copy of the petition of the Justices of the Peace at Placentia.

Newfoundland.

Letter to the Duke of Newcastle, signed.

Whereupon a letter to the Duke of Newcastle, to acknowledge the receipt thereof, was signed, and to acquaint him that the Board would take these matters into consideration, when Capt. Osburn shall be returned.

Jamaica.

Letter from General Hunter, with papers.

A letter from General Hunter, Governor of Jamaica, dated the 19th of September, 1730, was read, and the papers, therein referred to, were laid before the Board, viz:—
Copy of Governor Hunter's orders to the captain of the fort concerning the Spanish wreck, 31st August, 1730.
Opinion of the Council of Jamaica to Governor Hunter, concerning the Spanish wreck, 17th September, 1730.

Letter to the Duke of Newcastle.

Whereupon their Lordships signed a letter, for enclosing them to the Duke of Newcastle.