Journal, April 1732

April 4. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Sir A. Croft.

New Hampshire.

Mr. Atkinson a Councillor.

The draught of a representation upon Mr. Belcher's petition, mentioned in the Minutes of the 23rd of the last month, against appointing Mr. Atkinson of the Council of New Hampshire, was agreed and ordered to be transcribed.

Antigua.

Mr. Fane's report upon Acts.

Mr. Fane's reports upon the two following Acts of Antigua, passed there in 1731, were read, viz:—

An Act to enable Robert Oliver of the said Island, gentleman, to confirm and make good the title of certain lands by him sold to the Honourable Edward Byam, Lieutenant Governor of the said Island.

An Act to enable Henry Lyons of the island of Antigua, gentleman, to sell and dispose of certain lands hereinafter mentioned.

And directions were given for preparing draughts of representations for confirming the same.

Massachusetts.

Order in Council about Acts.

An Order in Council, dated the 27th of January, 1731–2, referring to the consideration of this Board the six following Acts, passed in the Massachusetts Bay in 1731, was read, viz:—

An Act for granting the sum of £5400 for and towards the support of His Majesty's Governor.

An Act in further addition to An Act directing the admission of town inhabitants, made and passed in the 13th year of the reign of King William the 3rd.

An Act for the allowing necessary supplies to the eastern and western Indians, and for regulating trade with them.

An Act making more effectual provision for the calling of precinct or parish meetings.

An Act for supplying the Treasury with the sum of £5400.

An Act to subject the unimproved lands within this province, belonging to non resident proprietors, to be sold for payment of taxes or assessments levied on them by order of the Great and General Courts.

Acts sent to Mr. Fane.

And the said Acts were ordered to be sent to Mr. Fane, for his opinion thereon in point of law.

Newfoundland.

State of the trade.

A petition from the merchants, etc., trading from Bristol to Newfoundland, complaining of the justices there, and a letter from Captain Clinton upon the present state of the trade of Newfoundland, were read, and the draught of a representation was ordered to be prepared upon the Duke of Newcastle's letter, read the 9th of the last month, relating to the disorders committed at Newfounland.

April 5. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Mr. Brudenell, Sir A. Croft.

New York.

French incroachments.

The draught of a representation, ordered to be prepared the 28th of the last month, relating to some incroachments made by the French on the territories of New York, was agreed and ordered to be transcribed.

Antigua.

Representations, Acts.

The two representations, ordered yesterday to be prepared, upon the two Antigua Acts, passed in 1731, were agreed and signed.

Connecticut.

Laws considered.

Their Lordships, taking again into consideration the volume of laws of the colony of Connecticut, transmitted with Mr. Van Dam's letter of the—, read the—, gave directions for sending the said laws to Mr. Fane, for his opinion whether some of them are not repugnant to the laws of this kingdom.

April 6. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Sir A. Croft.

Newfoundland.

Representation, disorders.

The representation, ordered to be prepared the 4th instant, relating to the disorders committed at Newfoundland, was agreed and signed, as also a letter, for inclosing the same to the Duke of Newcastle.

New York.

French incroachments.

The representation, relating to some incroachments made by the French in the territories of New York, agreed at the last meeting, was signed, and a letter, for enclosing the same to the Duke of Newcastle.

New Hampshire.

Mr. Atkinson a Councillor.

The report to the Lords of the Committee upon Mr. Belcher's petition against appointing Mr. Atkinson of the Council of New Hampshire, agreed the 4th instant, was signed.

April 13. Present:—Earl of Westmoreland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Sir A. Croft.

Rhode Island.

Act, Bills of Credit.

To Mr. Attorney and Solicitor General.

A letter from the Duke of Newcastle of the 9th December, 1731, referring to this Board a petition of the Governor of Rhode Island, and another from several gentlemen, merchants and others there, complaining of an Act for emitting bills of credit, and the damages sustained by such bills many years past, was read, and their Lordships, taking into consideration the letter from Mr. Kay, and the papers, therein referred to, mentioned in the Minutes of —, gave directions for sending copies of the said address, petition and Act for emitting the £60,000 in bills of credit, as likewise of the Rhode Island charter, to Mr. Attorney and Solicitor General, for their answers to the queries in the abovementioned address, and their opinion whether the King has any right to repeal the said Act.

April 14. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen.

Newfoundland.

Heads of inquiry.

A letter from Mr. Burchet, Secretary to the Lords of the Admiralty, dated the 13th of April, 1732, relating to the preparing heads of inquiry for the Captains of the men of war, appointed to protect the trade and fishery at Newfoundland and Canso, was read, and their Lordships gave the necessary directions accordingly.

Barbadoes.

Mr. Worseley's petition, arrears of salary.

A letter from the Duke of Newcastle, dated the 9th of February, 1732, referring to the Board a petition from Mr. Worseley, the late Governor of Barbadoes, in relation to the arrears of salary due to him from that Island, was read; and their Lordships taking the same into consideration, as likewise the Act for supporting the honour and dignity of the government, passed in 1722–3, gave directions that Mr. Fane should be desired to attend the Board on Tuesday next.

April 18. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman.

Massachusetts.

Lieutenant Governor dead.

A letter from Mr. Belcher, Governor of the Massachusetts Bay, giving an account of the death of Colonel William Tailor, Lieutenant Governor of this province, and recommending Captain Paul Mascarene to succeed him, was read; and their Lordships resolved to consider further thereof.

New England.

Mr. Waldoe's petition, tract of land.

Their Lordships then taking again into consideration the report from the Attorney and Solicitor General upon the petitions of Mr. Waldoe and others, concerning the right to a tract of land between the rivers Kennebeck and St. Croix, read the 1st of September, 1731, gave directions for preparing the draught of a representation thereupon.

Barbadoes.

Mr. Worseley's arrears.

Mr. Fane attending, as he had been desired, their Lordships after some discourse with him upon Mr. Worseley's petition, read at the last meeting, concerning the arrears due upon the Act, passed at Barbadoes in 1722–3, for supporting the honour and dignity of the Government, gave directions that the Act and petition should be sent to Mr. Fane, for his opinion concerning the methods therein proposed for recovering the said arrears.

Antigua.

Two Orders of the Committee of Council, dated the 3rd of February last, approving John Morris and John Duer, Esquires, to be of the Council of Antigua, and requiring their names to be inserted in the future Governor's instructions, were read.

Representation for 2 new Councillors.

A letter from Colonel Morris, desiring that the two gentlemen, before mentioned, may be immediately appointed of the Council of Antigua, was read, and directions were given for preparing a report to the Lords of the Committee accordingly.

Plantations General.

Instructions to Governors.

The representation with the draughts of instructions for the Governors in America, mentioned in the Minutes of the 16th of the last month, was signed.

April 19. Present:—Earl of Westmorland, Mr. Docminique, Mr. Ashe, Mr. Bladen, Sir O. Bridgeman, Sir. A Croft.

Antigua.

Report, two new Councillors,

The draught of a report to the Lords of the Committee, ordered yesterday to be prepared, for the immediate appointment of John Morris and John Duer, Esquires, of the Council of Antigua, was agreed.

April 20. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Ashe, Sir O. Bridgeman.

Antigua.

signed.

The report proposing John Morris and John Duer, Esquires, to be of the Council of Antigua, agreed yesterday, was signed.

South Carolina.

Mr. Purry desires a grant of land.

An Order of the Committee of Council, dated the 9th of last month, referring to the Board a representation of Mr. Vatt, in behalf of Mr. Purry, praying a grant of 48,000 acres of land in South Carolina, was read, and directions were given for acquainting Mr. Purry's agent and the agent for South Carolina with the Board's desire of speaking with them on Tuesday morning next.

April 21. Present:—Earl of Westmorland, Mr. Pelham, Mr. Bladen, Mr. Ashe, Sir O. Bridgeman.

Bahamas.

Amount of the quit rents.

An Order of the Committee of Council, dated the 23rd of last month, referring back to this Board their report of the 9th of the same month, to take proof and evidence of all the matters alledged in the said report, and to inform themselves of the annual amount of the quit rents paid to the Lords Proprietors of the Bahama Islands, was read; and directions were given for enclosing a copy of the said report to Sir Charles Wager, and to desire he will inform the Board, when he and the other lessees can be ready to lay the said proofs before the Board.

Nova Scotia.

Heads of inquiry.

The heads of inquiry for Captain Fytche, who is going to protect the fishery at Canso, desired to be prepared by Mr. Burchet's letter of the 13th, and read the 14th instant, were agreed and ordered to be sent.

April 25. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir A. Croft.

South Carolina.

Mr. Purry, grant of land.

Mr. Vatt, agent for Mr. Purry, attending, as he had been desired, as also Mr. Furie, agent for South Carolina, the Board took again into consideration the Order of the Committee concerning a grant of 48,000 acres of land in the said province, read the 20th instant, and desired Mr. Vatt would inform the Board whether Mr. Purry proposed to settle the 600 Swiss upon the 48,000 acres of land, which he petitions for; to which Mr. Vatt said, that Mr. Purry did not, intending that grant as a security to those persons, from whom he intended to borrow the money that was necessary to defray the charge of transporting the said Swiss: that he could not raise a sufficient sum upon a less quantity of land, and therefore desired the Board would report in favour of Mr. Purry's petition, upon which the Board resolved to consider further thereof at another opportunity.

Newfoundland.

Heads of inquiry.

A letter from Mr. Burchet, dated the 21st instant, signifying that Captain Falkingham is appointed to go to Newfoundland in the room of Captain Clinton, the late Governor, and desiring that the usual heads of inquiry may be made out for him, was read; and the Secretary acquainting the Board that he was informed His Majesty's directions would soon be signified to the Board to prepare the draughts of commissions and instructions for the said Captain Falkingham to be Governor of Newfoundland, their Lordships resolved to postpone the consideration of this matter for some time.

April 26. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Sir O. Bridgeman.

Massachusetts.

A representation and letter from Mr. Byfield, Judge of the Admiralty, with papers.

A letter from Mr. Byfield, Judge of the Admiralty in the Massachusetts Bay, dated the 22nd of February, 1731–2, with a representation from himself to this Board, was read, and the papers, therein referred to, were laid before the Board, viz:—
Copy of Mr. Byfield's plea upon a suit against him for extorsively taking more than his fee.
Printed copy of an Act, passed in the Massachusetts Bay, in 1731, for the relief of and to prevent the oppression of debtors.
Printed copy of a letter published at Boston, dated the 31st January, 1731–2.
State of the case upon which Mr. Byfield is sued on account of his fees.
Attested copies of several papers, under the seal of the Massachusetts Bay, relating to a prosecution against Mr. Byfield concerning his fees.

Letter from the Governor with votes.

A letter from Mr. Belcher, Governor of New England, dated the 23rd of February, 1731–2, with the votes of the House of Representatives, from the 6th December, 1731, to the 2nd of February following, was read.

Mr. Byfield.

And their Lordships, taking the said representation from Mr. Byfield into consideration, gave directions for Mr. Fane to attend the Board upon this subject on Friday next.

New Hampshire.

New Councillor.

A representation proposing Ephraim Dennit, Esquire, to be of the Council of New Hampshire, in the room of Mr. Westbrook, was agreed and signed.

April 27. Present:—Earl of Westmorland, Mr. Docminique, Mr. Pelham, Mr. Bladen, Sir O. Bridgeman, Mr. Brudenell.

South Carolina.

Mr. Purry, grant of land.

Their Lordships, taking again into consideration Mr. Vatt's representation, in behalf of Mr. Purry, praying for a grant of 48,000 acres of land in South Carolina, mentioned in the Minutes of the 25th instant, gave directions for preparing the draught of a report thereon.

New York.

New Jersey.

Representation upon instructions.

Their Lordships then gave directions for preparing the draughts of representations upon the draughts of instructions, agreed the 22nd of the last month, for Colonel Cosby, appointed Governor of New York and New Jersey.

Newfoundland.

Captain Falkingham appointed Governor.

A letter from the Duke of Newcastle, dated this day, signifying His Majesty's pleasure that draughts of a commission and instructions should be prepared for Captain Falkingham, appointed Governor of Newfoundland, was read, and the draughts of a commission and instructions were ordered to be prepared accordingly.

April 28. Present:—Earl of Westmorland, Mr. Docminique, Mr. Bladen, Sir O. Bridgeman.

Massachusetts.

Mr. Byfield, Judge of the Admiralty.

Mr. Fane attending, as he had been desired, their Lordships took again into consideration the letter and papers from Mr. Byfield, Judge of the Admiralty in the Massachusetts Bay, read the 26th instant, acquainting the Board with his being under prosecution there on account of his fees. And after some discourse upon this subject Mr. Fane acquainted the Board, that in his opinion Mr. Byfield's having taken for a fee due to him of twenty shillings province bills, sufficient to answer the amount of the same fee at the time that fee was settled, could not be deemed extortion, and that he believed a prosecution would not lie against him for it. The Board then resolved to consider further of this matter at another oppotunity.

New York.

New Jersey.

Instructions for the Governor.

The representations, with Colonel Cosby's instructions for New York and New Jersey, ordered yesterday to be prepared, were signed, as was also a letter, enclosing the same to the Duke of Newcastle.