Journal, February 1731
February 2. Present:—Mr. Docminique, Mr. Pelham, Mr.
Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell, Sir A.
Croft.
Plantations General.
Ireland.
Trade.
Petitions, sugar colonies.
A letter from Mr. Sharpe, one of the Clerks of the Council,
enclosing the copies of two petitions to His Majesty; one from
the merchants of Dublin, desiring to be heard upon the petition
of the several merchants and planters and others interested in
and trading to His Majesty's sugar colonies; and the other from
the mayor, aldermen and merchants of Liverpool, complaining
of a trade carried on between the French sugar colonies and Ireland, was read, and their Lordships agreed to attend the Lords
of the Committee thereupon this evening.
Antigua.
Chancery Act.
A letter from Mr. Coleman, acquainting the Board that the
merchants, who desire the confirmation of the Chancery Act of
Antigua, cannot attend the Board on Thursday next, and desiring
the Board will please to appoint another day, was read, and their
Lordships appointed Thursday seven-night, of which, ordered
that the merchants have notice.
February 5. Present:—Mr. Docminique, Mr. Pelham, Mr.
Bladen, Mr. Ashe, Mr. Brudenell.
Nova Scotia.
Instructions to Colonel Phillips and Colonel Dunbar, granting of lands.
The draught of a representation, ordered to be prepared the
28th of the last month, proposing an alteration in the instructions
to Col. Phillips and Col. Dunbar, in relation to the granting of
lands, was agreed and ordered to be transcribed.
February 9. Present:—Mr. Docminique, Mr. Pelham, Mr.
Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell.
Representation thereupon.
The representation, mentioned in the last Minutes, proposing
an alteration in the instructions to Col. Phillips and Col. Dunbar,
in relation to the granting of lands in Nova Scotia, was signed.
Antigua.
Chancery Act.
The Board then considering the Order of the House of Commons
of Friday last, directing all members to attend in their places
on Thursday, deferred the consideration of the Chancery Act of
Antigua, appointed for that day, till Tuesday next, of which,
ordered that all parties have notice.
February 10. Present:—Mr. Docminique, Mr. Pelham, Mr.
Bladen, Mr. Ashe, Mr. Brudenell.
Nova Scotia.
Letter from Colonel Dunbar.
A letter from Colonel Dunbar, giving an account of several
transactions, concerning the settlements he is about making,
etc., from the 17th of November to the 2nd of December last,
was read, and their Lordships resolved to consider further thereof
at another opportunity.
Letter to him.
The draught of a letter to Col. Dunbar was agreed and ordered
to be sent.
New Hampshire.
Colonel Dunbar recommended to be Lieutenant Governor.
A letter to the Duke of Newcastle, recommending Col. Dunbar
to be Lieutenant Governor of New Hampshire, in the room of Mr.
Wentworth, was agreed and signed.
February 12. Present:—Mr. Docminique, Mr. Pelham, Mr.
Bladen, Mr. Ashe, Mr. Brudenell.
Antigua.
Chancery Act.
The House of Commons having by their votes of yesterday
ordered all the members to attend on Tuesday next, the Board
agreed to defer the hearing, which was appointed for that day at
this office upon the Chancery Act of Antigua till the next day,
and ordered that Mr. Yeamans, agent for Antigua, have notice
thereof.
Massachusetts.
Letter from Mr. Belcher, with papers.
A letter from Mr. Belcher, Governor of New England, dated the
10th of December, 1730, was read, and the papers, therein referred
to, were laid before the Board, viz:—
A bill assented to by the Council and Assembly of the
Massachusetts Bay for providing the more sure support
of His Majesty's Governor.
Journal of the House of Representatives, from the 9th of
September, 1730, to the 28th of October following.
Letter to him.
Whereupon a letter to Mr. Belcher was agreed and signed.
New Hampshire.
Letter from Mr. Belcher, Lieutenant Governor dead.
A letter from Mr. Belcher, signifying the death of Mr. Wentworth,
Lieut. Governor of New Hampshire, and recommending Mr.
Sherburn to supply his place, was read.
February 17. Present:—Mr. Docminique, Mr. Pelham, Mr.
Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell.
Antigua.
Hearing upon the Chancery Act.
Mr. Coleman and the several merchants and planters, who
desire the confirmation of the Chancery Act of Antigua, attending,
as they had been desired, with Mr. Brown and Mr. Forster, their
counsel, and Mr. Sharpe, their solicitor, they acquainted the
Board that this Act had been passed to supply several defects
that were found in a former Act of that Island, passed in 1715
and confirmed in 1717, entituled, An Act for constituting a Court
of Chancery in this Island: that as the Capt. General had other
Islands than Antigua under his care, it was not possible for him to
attend the Chancery of Antigua so often as the business of
that Court required, and that, therefore, if the Lieutenant General,
Lieutenant Governor or President of the Council, was not
impowered to hold Courts of Chancery in his absence, the persons,
who had causes depending or causes to commence in that Court,
were liable to great delays or great expenses and hazard in
following the Governor to the other islands of his Government;
that by the Act of 1715 no Court of Chancery could be held,
but in the presence of the Governor; and therefore, if he should
ever prove not disposed to have a cause determined, he had an
absolute power vested in him of stopping the course of justice
in Chancery by calling no Court: that this was a power the
King of England himself did not pretend to, and the merchants
and planters were apprehensive might sometimes be attended
with very ill consequences; and that as the persons to preside
in the Governor's absence, by virtue of this new Act, were equally
appointed by the Crown and were subject to the King's directions,
it was hoped the King's prerogative could in no way be understood to be affected: that by the law of 1715, the Governor
had a power of granting and dissolving injunctions, although he
was in another Island, and as the King had already confirmed
that law, the only way left to remedy that inconvenience, was by
passing the present law, because no instruction from the Crown
could alter any law in being: that by a clause in this Act it is
directed, that in case of suits for lands, tenements, hereditaments,
when the interest or thing sued for shall lye in Antigua, or in case
of personal demands, where the person of the defendant is in
Antigua as resident, no decree or order touching the right thereof,
or against such person, shall be made in any other place but
Antigua, saving appeals to His Majesty; that the Board was
pleased to object thereto as an attempt to exclude the jurisdiction
of all the Courts of Judicature in Great Britain, except that of
His Majesty in Council upon appeals. To this Mr. Brown desired
leave to answer, that as the only two cases in which any Judicature
was restrained by this clause, was where the lands or the persons
were in Antigua, the Courts of Judicature of this Kingdom could
not be affected, because no Court of Great Britain claimed or had
any jurisdiction, but in cases where the lands or persons were
here; but that supposing the Courts of this Kingdom had a
real jurisdiction, no law of Antigua could take it away, and therefore he hoped the Board would think their objection answered,
more especially, considering that the words, Decree or Order,
mentioned in this clause, related only to Decrees or Orders
mentioned in the former part of this law, and could be understood
to restrain the Governor, whilst at St. Christophers or of any other
Islands, from making any Decree or Order concerning lands or
persons lying in or resident in Antigua. The counsel for this
Act then enlarged upon and explained every clause thereof, and
concluded by acquainting the Board that all the merchants and
planters concerned in the trade to this Island were convinced of
the advantage this Act would be of to them, and as they could not
see that either the King's prerogative, the authority or profits
of the Governor, were anyways affected thereby, they hoped the
Board would please to lay the said Act before His Majesty for
His royal confirmation.
These gentlemen being withdrawn, the Board resolved to
consider further thereof on Friday morning next.
Virginia.
Act, staple of tobacco.
The Secretary then acquainted the Board, that Mr. Leheup,
agent of Virginia, had desired their Lordships would please to
appoint a day for considering the Virginia Act, passed in 1730,
for amending the staple of tobacco, and for preventing frauds in His
Majesty's Customs, with the report of the Commissioners of the
Customs thereupon, read the 20th of the last month, their
Lordships were pleased to appoint Tuesday morning next, and
to order that the agent and all persons concerned, have notice
thereof.
February 18. Present:—Mr. Docminique, Mr. Bladen, Mr.
Brudenell.
Virginia.
Petition for a grant of land.
A petition of Jacob Stauber and Ezekiel Harlan, desiring a
grant of some land to the westward of Virginia, was read; [Mem.,
this petition was withdrawn, and another to the same effect was
read the 30th of March following] and their Lordships desired
them to bring a correct draught of the said tract, and how the
same lyes with respect to Virginia and Pennsylvania.
Trade.
Spain.
Losses.
The Secretary then laying before the Board the accounts of
the following persons' losses, sustained by the subjects of Great
Britain from the Spaniards, which accounts have been authenticated at Doctors Commons.
The loss:—
Of William Snelling on board the Betty.
Of Mrs. Jane Minshall.
Of William Snelling on board the Parthenope.
Of Messrs Solomon and Elias de Paz.
Of John Williams.
Of William Wanton, Sen., and Jun.
Of Captain William Walton.
To be sent to the Commissaries.
Their Lordships gave directions for enclosing the same to the
English Commissiaries in Spain.
February 19. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman,
Mr. Brudenell.
Antigua.
Chancery Act considered.
Letter to Mr. Fane, Chancery Act in 1715, about injunctions.
Their Lordships took again into consideration the Chancery
Act of Antigua, mentioned in the Minutes of the 19th inst., but
some doubt arising whether His Majesty may not, by an instruction
to the Governor of the Leeward Islands, prevent his granting or
dissolving injunctions in causes depending in Antigua whilst he
resides in any other Island, notwithstanding a clause in the
Chancery Act of 1715; their Lordships gave directions for
referring this matter to Mr. Fane, for his opinion thereon in point
of law.
February 22. Present:—Mr. Docminique, Mr. Pelham, Mr.
Bladen, Mr. Ashe, Sir O. Bridgeman, Mr. Brudenell, Sir A.
Croft.
Trade.
Spain.
Letter from the Duke of Newcastle, to lay before the House of Commons,
progress of the Commissaries.
A letter from the Duke of Newcastle, dated the 19th inst.,
signifying His Majesty's orders that the Board should lay before
the House of Commons such matters as have passed this office,
relating to the progress made by the Commissioners appointed,
pursuant to the treaty of Seville, for adjusting the demands and
Account to be prepared.
reparations due to the merchants of Great Britain in the matters
to them referred, was read; and their Lordships gave directions
for preparing an account thereof accordingly.
Letter from Mr. Parminter, extent of the British seas, to be sent to the Commissaries.
A letter from Mr. Parminter, dated at Bilboa, the 15th of
September, 1730, relating to the extent of the British seas, and
grievances of trade at Bilboa, was read, and directions were given
for enclosing a copy thereof to the Commissaries.
February 23. Present:—Mr. Docminique, Mr. Pelham, Mr.
Bladen, Sir O. Bridgeman, Mr. Brudenell, Sir A. Croft.
Virginia.
Tobacco Act.
Memorial from Mr. Leheup.
Copy to be given to Mr. Fitzwilliams.
Mr. Carey, Mr. Randall, merchants, trading to Virginia, Mr.
Leheup, agent for that Colony, and Mr. Fitzwilliams, Surveyor
General of the Customs there, attending, as they had been desired,
a memorial from Mr. Leheup, in answer to the objections of the
Commissioners of the Customs to the Act of that Colony for
amending the staple of tobacco, etc, was read; and the merchants
acquainting the Board, that they thought the Act would be of
advantage to the tobacco trade, their Lordships made a progress
in the consideration thereof, and ordered that a copy of Mr.
Leheup's memorial should be given to Mr. Fitzwilliams for his
observations thereupon, which he was desired to give in writing,
as soon as may be.
February 24. Present:—Mr. Docminique, Mr. Pelham, Mr.
Bladen, Mr. Ashe, Mr. Brudenell.
Trade.
Spain.
Extent of the British seas sent to the Commissaries.
The letter, ordered to be prepared the 22nd inst., for enclosing
to the Commissaries a copy of the letter from Mr. Parminter,
relating to the extent of the British seas, and grievances of trade
at Bilboa, was agreed and ordered to be sent.
Plantations General.
Circular letter, fines and recovery.
The circular letter, for enclosing to all the Governors copies of
Mr. Attorney and Solicitor General's opinion, that fines and
recoveries levied and suffered here cannot cut off the intail of
lands in the plantations, ordered to be prepared the 29th of
December last, was agreed and ordered to be sent.
February 25. Present:—Mr. Docminique, Mr. Bladen, Mr.
Ashe, Sir O. Bridgeman.
Plantations General.
Trade.
Ireland.
Letter from the Duke of Newcastle, with several papers.
A letter from the Duke of Newcastle, dated yesterday, was
read, and the papers, therewith transmitted, were laid before
the Board, viz:—
Copy of my Lord Carteret's representation upon the Dublin
merchants' petition.
The humble memorial of the merchants and traders of the
city of Dublin, in behalf of themselves and several other
merchants and traders of the kingdom of Ireland.
Copy of a letter from the Lord Lieutenant of Ireland to the
Duke of Newcastle, dated the 11th inst.
Copy of the memorial of the master, wardens and brethren
of Trinity Guild in Dublin to Lord Carteret.
Copy of a report of the Commissioners of His Majesty's
revenues in Ireland.
Representation ordered.
And their Lordships gave directions for preparing the draught
of a representation thereupon.