Minutes of HM Council: 5 September 1738

Alured Popple, Governor of Bermuda

At a Council holden at the house of his Excellency the Governor on Tuesday the 5th day of September 1738.

Present: His Excellency Alured Popple Governour
Andr Auchinleck Esq.
John Butterfield,br> Leonard White Esq
Robert Dinwiddie Esq
Samuel Burrows Esq

Read a summons for William Burchall, Joseph Burchall, Mary Simmons to appear veofre this Board on a complaint made of their cutting timber of the King's lands and burning lime killns without leave, and selling the said lime and converting the money to their own use.

It also appeared two of the Castle men vizt Daniel Newan and John Wharton for cutting timber for firewood as they pretend of the Castle Island, the beforementioned castlemen say that they never cut any wood off the land but brush for fireing, but that Anthony Wood and Samuel Richards have burned lime killns that they believe the timber and firing was off the King's land, on which his Excellency, by advice of the Board, ordered them and directed that their tennants on the King's Land in Tucker's Town shall hereafter cutt no firewood or timber on any account whatsoever without liberty from Mr John Cox who is appointed by His Excellency Lieut. of the Castle.

William Burchall, Joseph Burchall, and Mary Simmons were examined. Mary Simmons acknowledged that had burnt a lime killn with teh assistance of Joseph Burchall in order to repair her house and that she had sold some of the lime to pay the people that assisted to burn the same killn And that she burnt the same killn by liberty formerly granted by Governor Hope, William Burchall burnt a lime killn, as he pretended with black wood sage bushes and scrubb cedar and delivered the annexed saying his afflicted family wanted support. Jos. Burchall said he assisted Mrs Simmons and he sold a little of the lime to pay the charge of burning but had not yet enough.

It is ordered by this Board the purposes no tenant on the King's Land shall presume to cut down any timber or young cedars or burn any lime killn without particular leave and permission from His Excellency the Governor and further its ordered that every tennant on the King's Land shall pay their rents quarterly of his receipts and money reamining due to be disposed of by His Excellency with the advice of the Council and that the said Provost Marshall shall give the tennants notice accordingly.

George Tucker, Esq laid before the Board an account of the public and school lands in the Islands, among which it appearing that there were four shares of school lands in the possession of Daniel Durham, John Catlin, John Tibby, and John Hills who say they hold them of their own right. It is ordered that the above persons or any other tennants on the said premises attend this Board the first Tuesday in October next in St Georges by eleven of the clock in the forenoon to produce and shew the said pretended right.

And that the George Tucker Esq have coppeys of the before-mentioned.

Further ordered that George Tucker Esq lay before this Board the whole arrears now due from the tennants on the King's lands with their particular names at the next Council day being the first Tuesday of October.

Sml. Smith Clk of the Council