1513. Copy of Commodore John Mitchell's Commission to
command in chief on shore at Newfoundland, as No. 1512.i.
Countersigned, Sunderland. 2 pp. [C.O. 194, 22. No. 72;
and 5, 210. pp. 97, 98.]
1514. George Vaughan to the Earl of Sunderland.
A Memoriall intimating the Poverty and distressing circumstances
of N. England, especially N. Hampshire. On our passage hither
we took a privateer from St. Malo, who informed us that the King
of France had this spring early sent ye Saldado ship of warr to
Port Royall, Nova Scotia, as also 200 souldiers to reinforce the
garrison of 300. We are informed that there are 7 privateers
at St. Malo, from 30 guns and under, bound for ye New England
coast. M. Supercasse, Governour of Port Royall, was Governour
of Placentia, when they made ye great devastation at St. Johns,
and was personally present to head and forward ye Indians in
that action, and has given out that he will make ye King of
France master of New England. The two late New England
attempts at Port Royall have much failed expectation and been
fruitless, whereby ye enemies' houses etc. were destroyed and ye
inhabitants left studying methods for revenge and subsistance,
which doubtless will fall on ye east part of New England, since
that lies ye nearest to them, and is most exposed by their weakness
and poverty to ye violence and outrages of that enemy. Proposes
that a man of war be ordered for New Hampshire and that some
regular forces be posted in the Castle of William and Mary, which
was founded, tho' not finished, by Col. Romer, and is ye only
security of that Province and H.M. stores of masts; wch. Castle
by reason of ye great poverty of ye inhabitants occasioned by ye
long and tedious war and murder of ye salvages, hath rarely more
than 4 or 6 men to maintain it, tho' there are 30 guns mounted
therein etc. Signed, George Vaughan, Agent for New Hampshire.
Endorsed, Recd. 6th, Read 13th July, 1708. Copy. 1¾ pp. [C.O.
5, 864. No. 228.]
[1, 4m. (Ju.) 1708.]
1515. William Penn to the Council of Trade and Plantations.
Honorable Friends, I must recomend the Bearer, Charles Gookin,
to your favour, in his dispatch, for the sake of the present
opertunity of passage, wch. will not offer for some months after.
He has the Queen's referance to you, wth. a coppy of my petition
yt. gave occasion for it, and I hope it will finde your favorable
concurrance, the Gentleman being a person sober, has known
the world, of no obscure family, and very loyall to the Govermt.
and has shown it for these 20 years past. I add no more, but
my best wishes, and that I am Your respectfll. Friend, Signed,
Wm. Penn. Endorsed, Recd. Read June 1, 1708. Addressed.
Holograph. 2 pp. [C.O. 5, 1264. No. 36; and 5, 1292. p. 44.]
1516. Council of Trade and Plantations to the Queen. We
have no objection to the appointment of Mr. Gookin (May 20),
security being first given for his observing the Acts of Trade and
Navigation, as in the like cases; and that Mr. Penn do renew
the Declaration made by him relating to your Majesty's Right
to the Three Lower Counties. [C.O. 5, 1292. p. 46.]
1517. W. Popple, jr., to W. Lowndes. Report upon petition
of Captain Long (May 11). The Council of Trade and Plantations find by a Commission produced by the petitioner, dated
Dec. 4, 1697, from the then Commissioners of the Admiralty,
that he was appointed Commander of the Rupert Prize, and by his
Instructions from his late Majesty it appears he was sent to
make discoveries of gold-mines, wrecks and other treasure
on the coast of America, as in the petition is set forth. It
appears by a contract he made with the Commissioners of the
Treasury, produced by him, dated July 6, 1697, that, for the
considerations therein mentioned, his late Majesty was to receive
10,000l. out of the first profits or advantage that should accrue
from the Petitioner's undertaking, and that, for 7 years afterwards,
H.M. was further to receive 9/10; parts, and the petitioner to retain
to his one use, 1/10; part of the profits that should arise thereby, after
which 7 years, H.M. was to have the benefit of the whole. But
their Lordships find that notwithstanding the great charge his
late Majesty was at, in fitting out the Rupert Prize for that service,
the Crown received no benefit from that undertaking, which, as
the Petitioner suggests, miscarryed from the apprehensions he
had of danger from the Spanish Barlevento fleet, then said to be
upon that coast. As to the allegation that the petitioner laid
the first foundation of a commerce with the Indians at Darien,
their Lordships find the same not to be well grounded, for that
the inhabitants of Jamaica, as well as several others trading
into those parts had a commerce with those Indians. Relating
to the information he received from them of the gold mines at
Cany, their Lordships have no other proof of that part of his
petition than what appears by his affidavit sworn May 17. His
aforesaid affidavit further sets forth that the petitioner proposed
to have 200l. to be laid out in buying the necessaries and presents
for the Indians, that he was allowed 150l., which he sold for about
105l., but that he laid out among the said Indians 185l., so that,
according to this computation, he is 80l. in disburse; that he
laid an account of the said disbursements before the Treasury,
at his return from his first expedition in the Rupert Prize, which
cannot now be found. Upon the whole Captain Long, having
accepted of 150l. in malt tickets, as is before set forth, notwithstanding his pretence of having disbursed 185l., and the loss he
may have sustained by the foresaid tickets, their Lordships
are of opinion there is nothing due to him from ye Crown. [C.O.
324, 9. pp. 187–189.]
1518. Mr. Rayner to Mr. Popple. Desires to know if any
time is appointed for his attendance, etc. Signed, Jo. Rayner.
Endorsed, Recd. Read June 3, 1708. Addressed. 1 p. [C.O.
5, 1049. No. 64.]
1519. J. Ormston, of London, to the Council of Trade and
Plantations. Reasons against Mr. Sonmans being continued in
the Council of New Jersey. Set out, New Jersey Archives,
1st Ser., iii. 310–316. Signed, Joseph Ormston. Endorsed,
Recd. Read June 4, 1703 (sic). 1½ pp. [C.O. 5, 970. No. 71.]
1520. John Keble to the Lord High Treasurer. Petition,
(as May 27). Overleaf,
1520. i. Whitehall, Treasury Chambers. Referred to the
Commissioners of Customs. Cf. July 7. Signed, Wm.
Lowndes. 1¼ pp. [C.O. 5, 970. No. 70; and 5,
994.A. pp. 454, 455.]|
1521.Capt. Stucley to Mr. Popple. Desires directions
as to a box of papers. directed to Mr. Popple, entrusted to him
by Governor Dudley etc. Signed, Cha. Stucley. Endorsed,
Recd. 15th, Read 16th June, 1708. Addressed. Sealed.
Postmark. ¾ p. [C.O. 5, 864. No. 221.]
1522. Mr. Solicitor General to the Council of Trade and
Plantations. Report upon two Acts of Maryland (see May 4).
Tho' I doe not greatly approve severall clauses in each, yet I
see nothing therein which will be prejudiciall to the Queene and
these Realms, and I take the Law-makers there to be the best
judges of the conveniencyes and inconveniencyes of their Lawes.
My Lord Baltimore is certainly in the right, when he sayes, the
Act for giving power to the ffarmers of his rents to recover the
arrears thereof after expiration of their lease is founded upon
two mistakes; for an action of debt would have lain for the
arrears, tho they could not distraine, and a subsequent receipt
or discharge from Lord Baltimore and Edward Somersett of rent
due to them, would not have discharged the arrears due to the
ffarmers; but if there was any doubt made of either of these
matters, I see no harm in enacting that which is Law already;
but oftentimes it is convenient so to doe, to prevent suits and
troubles. As to the clause that enacts that no orphan shall be
sued in an action of debt, during the minority and for 5 years
after such minor shall come of age, I doe by no means understand
the reason of it; but if there be reall occasion for such a Law
for reasons best known to the Law-makers there, it may be
allowed to pass here; but your Lordps. will doe well to be satisfied
of the reasons they have for it, for such a Law here would be
lyable to very many objections. The Act requiring the Agents of
Lord Baltimore to certify into the Secretarye's Office the instructions and conditions of the Plantations, with the ffees by them
demanded, and obliging his Lordp.'s Deputy Surveyors to qualify
themselves according to Law, may be of service to the publick,
tho' I find the Lord Baltimore complains of it; but the reasons
my Lord gives against it, don't seem to me to have weight enough
to prevail agst. it; for I don't think that the Surveyors there
appointed by the Lord Proprietor are to be likened to a private
nobleman's steward; and the certifying into the Secretary's
Office the conditions of the Plantations, and hanging up a list
of ffees demanded on the subject, may doe a great deal of good.
Signed, Ja. Mountague. Endorsed, Recd. June 7, Read Nov. 8,
1708. 2¼ pp. Enclosed,
1522. i. Duplicate of No. 1464.|
1522. ii. Copy of Act of Maryland empowering the farmers of
Lord Baltemore's rents to recover arrears after the expiration
of their lease. 4 pp.|
1522. iii. Copy of Act of Maryland requiring Lord Baltemore's
Agents to certify into the Secretary's Office the Instructions and conditions of Plantations and their fees, etc.
1522. iv. Duplicate of Lord Baltemore's Objections. Feb. 20,
1708. 3 pp. [C.O. 5, 716. Nos. 53, 53.i.-iv.; and
5, 727. pp. 57–76.]|
1523. Deposition of Samuel Jones. Process was issued
out against deponent's plantation in Jamaica to seise it into
H.M. hands, his quit-rents being in arrear through the negligence
of his agents. This was to enable Governor Handasyd to grant
it to Dr. John Stewart. The suit fell, but both before and since
the Receiver General has refused to receive the quit-rents due
and frequently offered to him, so that deponent is in fear of new
trouble. Cf. April 15, 1708. Signed, Samuel Jones. Endorsed,
Recd. Read June 9, 1708. ¾ p. [C.O. 137, 8. No. 6.]
1524. Col. Nicholson and others to the Council of Trade
and Plantations. An estimate of agricultural tools and
necessaries required for the German Protestant emigrants,
including subsistance, valued at 655l. 4s. Estimate of cost of
voyage, 333l. Signed, Fr. Nicholson, Micajah Perry, Charles
Lodwik. Endorsed, Recd. Read June 10, 1708. 3 pp. [C.O.
5, 1049. Nos. 66, 66.i.; and 5, 1121. pp. 260–263.]
1525. Deposition of Wm. Peniston. I did not sign a
certificate in favour of the good behaviour of Mr. Jones since his
last coming to Bermuda. Nov. 26, 1707. Signed, Wm. Peniston.
Endorsed, Recd., from Sir J. Bennet, Read June 8, 1708. 1 p.
[C.O. 37, 8. No. 50.]
1526. Extracts of letter from Lt. Governor Bennett to Sir
John Bennett, as to Mr. Jones' hopes of displacing him etc.
Endorsed, Recd. Read June 8, 1708. 1 p. [C.O. 37, 8. No. 51.]
1527. Wm. Lowndes to Mr. Popple. Remits warrant
for 100l. towards the support of the 41 German Refugees (Ap. 26).
Signed, Wm. Lowndes. Endorsed, Recd. Read June 14, 1708.
1 p. Enclosed,
1527. i. Warrant referred to in preceding for the payment of
2l. a day from April 15. Kensington, May 10, 1708.
Countersigned, Godolphin. 2 pp.|
1527. ii. List of German Refugees. Duplicate of Ap. 26.
[C.O. 5, 1049. Nos. 67, 67.i., ii.; and (covering letter
only) 5, 1121. p. 263.]|
1528. Council of Trade and Plantations to the Earl of
Sunderland. Enclose Address of the Lt. Governor and Council
of New Jersey complaining of the proceedings of the General
Assembly. As the Lord Lovelace is now going over, he will be
the best able when upon the place to inform himself of the matters
contained in that Address and give H.M. an account thereof.
[C.O. 5, 994.A. p. 416.]
1529. Mr. Atwood to the Council of Trade and Plantations.
Desires copies of Lord Cornbury's Instructions relating to his
places of Chief Justice of New York and in the Council there.
Signed, Wm. Atwood. Endorsed, Recd. Read June 8, 1708.
1 p. [C.O. 5, 1049. No. 65.]
1530. [Mr. Ormston's] List of Proprietors of New Jersey
(representing 11¾ Propriety shares), who did not sign Peter
Sonmans' commission, and of those who did, representing 5½
(including William Penn). Cf. N.J. Archives, 1st Ser., iii. 310–316. Endorsed, Recd. June 9, 1708. 2½ pp. Enclosed,
1530. i. Mr. Dockwra's Observations upon above list. It is
incorrect. 3 shares should be deducted from those who
did not sign, and 5½ added to those who did=8¾ to 10½.
3 pp. [C.O. 5, 970. Nos. 72, 72.i.]|
1531. Certificate by W. Popple that no warrant for the
place of Chief Justice of New York has been brought to this
Office since Mr. Atwood was appointed; but quotes Lord Cornbury's
letter of Nov. 6, 1704, and the reply of the Board confirming the
appointment of Mr. Mompesson; and Lord Cornbury's Instructions, as desired in preceding. [C.O. 5, 1121. pp. 223–225.]
1532. Council of Trade and Plantations to the Earl of
Sunderland. Being informed that Mr. Broughton is suddenly
expected here, we think it reasonable that we do defer our representation upon the petitions of himself and Mr. Rayner till we
may hear him, etc. [C.O. 5, 1121. pp. 226, 227.]
1533. Copies of Mr. Popple's and Mr. Kocherthal's receipts
for 100l., being 50 days' allowance for 40 poor Protestant Refugees
from the Palatinate. June 10 and 14. Endorsed, Recd. Read
June 14, 1708. 1 p. [C.O. 5, 1049. No. 69.]
1534. Council of Trade and Plantations to the Queen.
1534. i. Instructions to Lord Lovelace, Governor of New
York and New Jerzey, in pursuance of Acts of Trade
and Navigation. Kensington, June 27, 1708. [C.O.
5, 1121. pp. 227–259; and 5, 994.A. pp. 417–447.]|