Journal, April 1708: Journal Book M

Journal, April 1708

April 1. Present:—Earl of Stamford, Mr. Pulteney, Mr. Monckton.

Bahamas.

Letter to the Earl of Sunderland about the designs of the Spaniards to settle on Providence.

The draught of a letter to the Earl of Sunderland (as directed in yesterday's minutes, [fo. 105], inclosing a copy of Mr. Wigington's memorial touching the design of the Spaniards to settle themselves on Providence, one of the Bahama Islands, as likewise a copy of a representation from this Board of the 17th June, 1707, relating to the security of the said islands, was agreed and signed.

Newfoundland.

Representation upon Mrs. Benger's petition.

A representation upon the petition of Mr. Benger and his wife [fo. 105], touching their being dispossessed of a plantation in Newfoundland, as agreed at the last meeting, together with a letter to the Earl of Sunderland, inclosing the same, were signed.

April 12. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.

Plantations General.

Circular letter to all the Governors about Negroes.

A circular letter to the Governors of her Majesty's plantations, requiring them to transmit to this Board an account of the number of negroes brought directly from Africa by the company and the seperate traders [fo. III], as also the rates they were sold at, from the year 1698, to Christmas, 1707, and that for the future they do send distinct accounts of negroes imported into their several Governments, was agreed, and ordered to be transcribed.

Trade.

Letter to the Turkey Company for account of exports and imports.

Ordered that a letter be writ to the Governor of the Turkey Company [fo. 127], desiring an account of the value of the yearly exports, and imports, of the said Company from Christmas, 1698, to Christmas, 1707, and to distinguish in the said accounts how much of the said values have been exported or imported by the way of Italy.

Antego.

Certificates of Mr. Crab's character.

Colonel Park to be acquainted therewith.

Two certificates, from several merchants trading to the Leeward Islands, and from divers inhabitants there, relating to the estate and character of Mr. Lawrence Crab, one of the members of her Majesty's Councill of Antego, were read; and thereupon ordered that in the next letter from this Board to Colonel Park, Governor of the said islands, he be acquainted with the purport of the said certificates.

Barbadoes.

Letter from the Earl of Sunderland about Mr. Salter's being of the Council.

A letter from the Earl of Sunderland, of the 30th of the last month [fo. 82, 129], desiring to know if this Board have any objection to Mr. Timothy Salters being appointed a member of her Majesty's Councill of Barbadoes, was read.

New Jersey.

Draught of a Commission.

Their lordships took into consideration the draught of a commission for the Right Honourable the Lord Lovelace to be Governour of her Majesty's province of Nova Cæsaria or New Jersey [fo. 105, 112], and went through the same.

April 13. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

New York.

Instructions.

Their lordships took into consideration the draught of instructions to be given to the Lord Lovelace for the government of New York [fo. 105, 111], and made some progress therein.

April 14. Present:—Earl of Stamford, Mr. Pulteney, Mr. Monckton.

Miscellanies.

Incidents.

The accounts of incident charges of this office, from Christmas, 1707, to Lady Day, 1708, were laid before the Board, and are as follows, vizt.:—

Letter to Lord Treasurer praying payment thereof and of salary due.

And a letter to the Lord High Treasurer to desire the payment thereof, as likewise of salaries due to this office, was signed.

New York.

Instructions for Lord Lovelace.

Their lordships again took into consideration the draught of instructions to be given to the Lord Lovelace [fo. 110, 112], for the government of New York (mentioned in yesterday's minutes), and made a further progress therein.

April 15. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.

Plantations General.

Circular letters about Negroes.

Circular letters to the Governors of her Majesty's plantations, and to the Propriety and Charter Governments, relating to the number of negroes brought directly from Africa by the Company and seperate traders to the said plantations &c. (mentioned in the minutes of the 12th instant) [fo. 108, 358; N. fo. 308], were signed.

New York.

Instructions for Lord Lovelace.

Then their lordships proceeded further in the consideration of the draught of instructions to be given the Lord Lovelace for the government of New York (mentioned in yesterday's minutes) [fo. 111, 159], and went through the same.

New York.

Letter to Mr. Burchet upon that clause relating to colours for privateers.

Ordered that the copy of one of the aforesaid instructions relating to the colours to be borne by private ships of war in the plantations be sent to Mr. Burchet [fo. 114], to know whether, upon the union of the two kingdoms of England and Scotland, it be necessary to make any alterations in the said instruction.

April 16. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney.

New Jersey.

Draught of instructions for Lord Lovelace.

Their lordships took into consideration the draught of instructions to be given to the Lord Lovelace to be Captain General and Governor in Chief of her Majesty's province of Nova Cæsaria or New Jersey [fo. 109, 113], and made some progress therein.

April 19. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

New Jersey.

Instructions.

Their lordships again took into consideration the draught of instructions [fo. 112, 115] for the Lord Lovelace to be Governor of New Jersey (mentioned in the minutes of the 16th instant) and made a further progress therein.

Plantations General.

Letter to Mr. Lownds for copies of Acts of Parliament, and about Mr. Blathwayt's patent &c. as Auditor General.

Ordered that a letter be writ to Mr. Lowndes to move the Lord High Treasurer that their lordships may have 50 copies of an Act past this session of Parliament, intituled An Act for the incouragement of the trade to America, as also 50 copies of an Act likewise past this session intituled An Act for the ascertaining the rates of foreign coins in her Majesty's plantations in America. And to remind him of the letter from the secretary of the 25th of the last month [fo. 100, 136], desiring copies of Mr. Blathwayt's patents and instructions constituting him Auditor General of her Majesty's plantations in America.

New York.

New Jersey.

Representation with draughts of commissions for the Lord Lovelace to be Governor, and letter to the Earl of Sunderland.

A representation, for laying before her Majesty [fo. 257], the draughts of commissions for the Lord Lovelace to be Governor of her Majesty's provinces of New York and New Jersey, together with a letter to the Earl of Sunderland, inclosing the same, were read.

April 20. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney.

New York.

New Jersey.

Letter from Mr. Burchet about colours to be worn by merchant ships.

A letter from Mr. Burchet, in answer to one writ him the 15th instant [fo. 112], inclosing the copy of an instruction to be given the Lord Lovelace for the governments of New York and New Jersey, relating to the colours to be born by private ships of war in the plantations, signifying that his Royal Highness the Lord High Admiral had no objection thereunto, was read.

Virginia.

Order of Council confirming an Act about size of hogsheads.

Copy of an Order of Council, of the 1st instant, upon a representation of the 23rd of March last [fo. 97], for confirming an Act past in Virginia, for improving the staple, and for regulating the size of tobacco hoggsheads, was read.

Maryland.

Copy of an Order of Council repealing two Acts about tobacco hogsheads and defacing tobacco &c.

Copy of a second Order of Council, of the same date, upon the same representation for repealing two Acts past in Maryland [fo. 97], touching the gauge of tobacco hoggsheads, and the cutting and defacing tobacco &c., was read.

Maryland.

Copy of an Order of Council directing Colonel Seymour to get a new Act past conformable to the Act of Virginia.

Copy of a third Order of Council, of the same date of the foregoing, upon the said representation [ibid.], directing Colonel Seymour, Governor of Maryland, to move the Assembly of that province to pass another Act conformable to the above-mentioned Act past in Virginia, instead of the two foregoing Acts of Maryland repealed, was read; and a letter to Colonel Seymour, inclosing the said order, was signed; and sent to Mr. Micajah Perry, to be forwarded by the ships now going to those parts.

New Jersey.

Instructions.

Then their lordships proceeded in the consideration of the instructions for the Lord Lovelace [fo. 113, 159] for the government of New Jersey (mentioned in yesterday's minutes), and went through the same.

April 21. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney.

New York.

New Jersey.

Lord Lovelace's instructions for trade, sent to Mr. Lowndes for the Commissioners of the Customs' perusal and amendments.

Their lordships took into consideration the instructions to be given to the Lord Lovelace for the government of New York and New Jersey, relating to the Acts of Trade and Navigation, and went through the same; and ordered that a copy of the said instructions be sent to Mr. Lowndes [fo. 163], with the desire of this Board that the Commissioners of the Customs may have the perusal of them, in order to their fitting and adapting the several articles of the said instructions to the Act for uniting the two kingdoms of England and Scotland, as likewise to the Act for the incouragement of the trade to America, and in order to their making such further amendments as may render the several parts of the instructions conformable in all particulars to the several Acts of Trade.

Jamaica.

Mr. Solicitor General's report on Mr. Whitchurch's petition.

Representation thereupon.

Mr. Solicitor General's report upon the petition of Mr. James Whitchurch (sent him in the secretary's letter of the 12th of March last) [fo. 83], complaining of Colonel Handasyd, the Governor of Jamaica's having escheated a negro woman and her children belonging to him, was read; and thereupon ordered [fo. 122], that the draught of a representation be prepared for laying the same before her Majesty.

April 22. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney.

Jamaica.

Counsellors.

Merchants summon'd.

Upon consideration of the desire of Colonel Handasyd, the Governor of Jamaica [fo. 103], relating to counsellors for that island, mentioned in his letter of the 29th of August last, ordered that the merchants trading thither do attend this Board on Tuesday morning next.

Plantations General.

Letter from Mr. Secretary Boyle upon the petition of several Lutherans from Germany to be settled in the Plantations.

A letter from Mr. Secretary Boyle of the 20th instant [fo. 118, 120], referring to this Board the petition of Joshua de Kocherthal, Evangelical minister, in behalf of himself and several poor Lutherans come out of Germany, praying to be transported and settled in some of the plantations, and the said minister attending, and being asked several questions, he said that they were 10 men, 10 women and 21 children, making together 41, of which men one is a joyner, another a smith, the others all versed in gardining, husbandry, planting, and tillage, and the women were versed in and understood the same business. Whereupon he was desired [fo. 121] that he would bring to the Board on Monday morning next the Lutheran minister settled in London.

Virginia.

New York.

Merchants summon'd.

Ordered that the merchants trading to Virginia and New York have also notice to attend their lordships on Monday morning next.

Plantations General.

Answer to Mr. Boyle's foregoing letter.

Then an answer was writ to the foregoing letter [fo. 117, 121], acquainting Mr. Secretary Boyle that the consideration of this affair would take up some time, for that several persons were to be consulted thereon before they could lay the same before her Majesty; but that in the meanwhile they found the said poor people were reduced to such a necessity that they could not subsist without her Majesty's immediate relief, was signed.

April 26. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Maryland.

Pennsylvania.

Lord Baltimore, Mr. Penn and Col. Blakiston about boundaries.

The Lord Baltimore, Mr. Penn and Colonel Blakiston attending [fo. 47, 128], the address from the Governor, Council and Assembly of Maryland, to her Majesty, relating to the settlement of the boundaries between that province and Pennsylvania, referred to this Board by her Majesty's Order in Council of the 8th of January, 170⁷/8 (mentioned in the minutes of the 5th of February), was again read; as were likewise the three papers following, viz.:—
Papers relating thereto.
1st. Copy of a letter from the late King Charles the 2nd to the Lord Baltimore, dated the 2nd of April, 1681 (inserted in Maryland entries, volume the 1st, folio 83), directing his lordship to appoint persons, in conjunction with Mr. Penn's agents, to make a true division and separation of the said provinces.
2nd. Copy of an Order of Council of the 13th of November, 1685, upon a report of the then Lords Committees of Trade and Plantations to the late King James, touching the difference between the Lord Baltimore and Mr. Penn in relation to the Eastern boundaries of Maryland, inserted in the same book of entries, folio 107.
3rd. Copy of a letter from Mr. Penn to the Lord Baltimore upon the same subject, which his lordship communicated to the Board, dated at Westminster the 10th of April, 1681. Whereupon the Lord Baltimore insisted that the boundaries ought to be adjusted, as directed by King Charles's letter abovementioned, and Mr. Penn that it shou'd be according to the Order of Council aforesaid. However, not agreeing in this matter, Mr. Penn proposed to meet the Lord Baltimore, in order to the adjusting this difference between themselves, to which his lordship agreed, and appointed to meet Mr. Penn on Wednesday next in the afternoon accordingly for that purpose.

Plantations General.

New York.

Mr. Lodwick about German Lutherans to be settled at New York.

Mr. Lodwick attending, and being acquainted with the petition of the Lutherans [fo. 117], lately arrived from Germany, and asked what encouragement they might find in New York, he said that there was no land at present in the province but what has already been granted, except land which lies 40 or 50 miles from Hudson's River, and that, the said province being very poor and in debt, he feared the said Lutherans would obtain but little assistance from thence.

New York.

Lord Lovelace with list of persons to be of the Council.

The Lord Lovelace attending, presented to the Board a list of person's names to be members of her Majesty's Council in New York, which was read; and thereupon ordered that the said names be inserted in his lordship's instructions for that Government.

Plantations General.

Lutheran Ministers about German Protestants to be settled in the Plantations.

List of them.

Representation thereupon.

Mr. Joshua de Kockerthal, with three Lutheran ministers (settled here) attending [fo. 118], in relation to the reference from Mr. Secretary Boyle touching the settlement of the said Kocherthal and others, in some of her Majesty's plantations in America (mentioned in the minutes of the 22nd instant), they said that they had read the testimonials giving a good character of the said minister and the others, and that they had no reason to doubt but the account of the behaviour of those people in the places where they had lived was true; that fifteen of them were Lutherans, and 26 Calvinists. Then the said Kocherthal presented to their lordships a paper with the names and ages of the said persons, which was read; and directions given for preparing the draught of a representation thereupon [fo. 125], for laying the same before her Majesty.

Jamaica.

Draught of representation on Mr. Whitchurch's petition.

The draught of a representation upon the petition of Mr. James Whitchurch to her Majesty [fo. 117, 124], complaining of Colonel Handasyd, the Governor of Jamaica, having escheated a negro woman and her children belonging to him, as directed in the minutes of the 21st instant, was agreed and ordered to be transcribed.

April 27. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Jamaica.

Col. Lloyd and Mr. Whitchurch.

Colonel Richard Lloyd and Mr. James Whitchurch attending, they presented to their lordships two Orders of Council, vizt.:
Order upon a petition of the said Lloyd complaining of Col. Handasyd's escheating his slaves.
An Order of Councill of the 15th instant, referring to this Board the petition of the said Lloyd [fo. 176], setting forth his being seized in fee of a plantation in Jamaica, and of several slaves thereunto belonging, and that an escheat had been issued against 18 of the said slaves, in order to the Governor's making a grant thereof to the prosecutors, was read, as also,
Order upon the petition of divers merchants &c. complaining of their being unjustly dispossessed of lands and Negroes.
Affidavits to be procured in proof thereof.
An Order of Councill of the same date, referring to this Board the petition of divers merchants and traders to, and inhabitants of, Jamaica [fo. 176, 180], in behalf of themselves and others, complaining of their being unjustly dispossess'd of their lands and negroes upon the information of several ill-designing men in the said island, and praying to be restored to their said lands and negroes, was read: whereupon the said Lloyd acquainted their lordships that he would lay before them several affidavits in proof of the allegations set forth in the said petitions, so soon as some gentlemen who were sick should be recovered, and therefore desired a fortnight's time longer to procure the said affidavits, which their lordships agreed to.

Carolina.

Letter from the Lords Proprietors about an Act for the settlement of that country.

A letter from the Lords Proprietors of Carolina of the 24th instant, acknowledging the receipt of her Majesty's Order in Councill of the 20th of February, 170⁷/8 [fo. 71], repealing an Act past in that province, entituled An Act to incourage the settlement of this country, and acquainting this Board they had taken effectual care that her Majesty's commands in relation to the said Act should be forthwith complied with, was read.

Bermuda.

Letter from Mr. Jones about rents of lands belonging to his offices.

A letter from Mr. Jones, secretary and provost marshall of Bermuda, praying their lordships' letter to Colonel Bennet, Governor of the said island [fo. 130], that the rents of lands belonging to his places there, since his coming last from thence, may be paid to his attorney, &c., was read; and directions given for preparing the draught of such a letter accordingly.

Jamaica.

Representation on Mr. Whitchurch's petition.

Letter to the Earl of Sunderland therewith.

The representation upon the complaints of Mr. James Whitchurch [fo. 122, 180], touching the escheat of his negroes by Brigadier Handasyd, Governor of Jamaica, agreed at the last meeting, together with a letter, inclosing the same, to the Earl of Sunderland, were signed.

Plantations General.

Draught of representation about settlement &c. of German Protestants.

The draught of a representation upon the petition of Mr. Kocherthal [fo. 122, 126], in behalf of himself and other Lutherans, lately arrived from Germany, praying that they may be settled in some of her Majesty's plantations in America, as directed in yesterday's minutes, was agreed, and ordered to be transcribed.

Jamaica.

Representation proposing a new counsellor.

Ordered that a representation be prepared proposing that John Peeke be constituted a counsellor in Jamaica, in the room of Charles Sadler, deceased [vide Jam. Bun. D, No. 25; fo. 128].

April 28. Present:—Earl of Stamford, Lord Herbert of Cherbury, Mr. Pulteney.

St. Christophers.

Mrs. Bowden and Brigadier Lillington.

Order of Council upon her petition complaining of Col. Park's dispossessing her of an estate &c.

Letter to Col. Park thereupon.

Mrs. Bowden, widow, of the Island of St. Christopher's, attending, with Brigadier Lillingston, her brother, she presented to their lordships an Order of Councill of the 22nd instant [fo. 129], referring to this Board the petition of the said Bowden, complaining of her being dispossessed by Colonel Park, of a considerable estate in St. Christopher's, praying relief therein, was read. And being asked what proof she had to make good the allegations set forth in her petition, she said that she had not any here, but that the same could be sufficiently proved upon the place, whether she should be going in a short time: and therefore desired that the matters contained in the said petition might be examined by the members of her Majesty's Council of the said island, and that their lordships would be pleased to send Colonel Park directions to permit her to take depositions to prove the facts alledged against him, which their lordships promised to do, and gave directions for preparing the draught of such a letter accordingly.

Plantations General.

New York.

Representation on the petition of several German Protestants to be settled in America.

Letter to Mr. Secretary Boyle.

The representation upon the petition of Mr. Kocherthal [fo. 125, 152], in behalf of himself and other poor Lutherans lately come from Germany &c., as agreed at the last meeting, together with a letter inclosing the same to Mr. Secretary Boyle, were signed.

Jamaica.

Letter from the Duke of Bolton recommending Mr. Betts to be of the Councill.

A letter from the Duke of Bolton, recommending Mr. Betts to be one of the members of her Majesty's Councill of Jamaica, was read; and the said Betts attending, he was acquainted that their lordships had agreed upon a person to fill up the present vacancy in that Councill before the receipt of the said letter, as in the minutes of yesterday. Whereupon Mr. Betts desiring that he might be named for the next vacancy that may happen, ordered that his desire be minuted accordingly.

April 29. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Trade.

Memorial with account of the Turkey Company's exports &c.

Mr. Wodnoth desired to procure a full answer to the letter lately writ the Company &c.

Mr. Wodnoth, secretary to the Turkey Company, attending [fo. 108, 134], presented to the Board a memorial containing an account of the said Company's exports of cloths, perpetuanas, lead &c., in the years 1699 and 1700, which was read, and their lordships observing that the said account does not answer the letter writ to the Company the 12th instant (mentioned in the minutes of that day), they desired the said Wodnoth to acquaint the Company therewith, and that this Board is desirous of having as full an answer to the aforementioned letter as the Company were able to give, as also an account of the inconveniencies the Company might lye under in that trade, together with their proposals for the better improvement thereof, that their lordships might be inabled to give them all the assistance possible.

Jamaica.

Representation proposing a new counsellor.

Letter to the Earl of Sunderland therewith.

The representation proposing Mr. Peeke to be a member of her Majesty's Councill in Jamaica in the room of Mr. Sadler, deceased, [fo. 125, 295], as directed in the minutes of the 28th instant, together with a letter to the Earl of Sunderland, inclosing the same, were signed.

Maryland.

Pennsylvania.

Boundaries.

The Lord Baltimore and Mr. Penn attending, and not agreeing in relation to the boundaries to be settled between the provinces of Maryland and Pennsylvania, mentioned in the minutes of the 26th instant [fo. 119], they appointed another meeting in order to the settlement of that matter, and were desired to sign what should be agreed on between them, which they promised to do accordingly.

Antigua.

Representation to be prepared for confirming two new counsellors.

Upon consideration of what Colonel Park, Governor of the Leeward Islands, writes in his letter of the 4th of August (paragraph G), relating to Mr. William Thomas and Mr. Richard Olivers being appointed members of her Majesty's Councill in Antego; ordered [fo. 130] that the draught of a representation be prepared proposing their being appointed members of the said Councill accordingly.

Barbadoes.

Draught of a letter to the Earl of Sunderland about Mr. Salters's being of the Council.

Ordered that the draught of a letter be prepared to the Earl of Sunderland, in answer to his of the 30th of March last [fo. 109, 130], relating to Mr. Timothy Salters being one of the members of her Majesty's Councill in Barbadoes.

April 30. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney.

St. Christopher's.

Letter to Col. Park upon Mrs. Bowden's petition.

Letter to Colonel Park, Governor of the Leeward Islands, inclosing a copy of the petition of Mrs. Bowden [fo. 125, 340], complaining of her having been unjustly disposse[sse]d by him of an estate at St. Christopher's (mentioned in the minutes of the 28th instant), was signed.

Barbadoes.

Letter to the Earl of Sunderland about Mr. Salters's being of the Council.

A letter to the Earl of Sunderland in answer to one from his lordship of the 30th of the last month [fo. 129, 354], touching Mr. Timothy Salter's being a member of her Majesty's Councill in Barbadoes, was signed.

Antigua.

Representation proposing two new counsellors.

Letter to the Earl of Sunderland therewith.

A representation proposing William Thomas and Richard Oliver, esquires, to be members of her Majesty's Councill of Antigua, as directed in yesterday's minutes [fo. 129], together with a letter to the Earl of Sunderland, inclosing the same, were signed.

Bermuda.

Letter to Col. Bennet about payment of Mr. Jones's fees, perquisites &c. of his office.

A letter to Colonel Bennet, Governor of Bermuda, relating to Mr. Jones's receiving one moiety of the fees and perquisites belonging to him as secretary and provost marshall of that island [fo. 124], as also directing the said Governor to advise Mr. Jones's tenants to pay to his attorney the rents of his lands, was signed.

Maryland.

Lord Baltimore's memorial against two Acts.

Upon consideration of the Lord Baltimore's memorial [fo. 61], mentioned in the minutes of the 20th of February last, containing his objections against two Acts past in Maryland in 1707, entituled An Act giving power to the farmers of the Lord Baltimore's rents to recover the arrears thereof after expiration of their lease. An Act requiring the agent of the Lord Baltimore to certify into the Secretary's office the instructions and conditions of plantations, with the fees by them demanded, and obliging his lordship's deputy surveyors to qualify themselves according to law.

Sent with the Acts for Mr. Solicitor General's opinion.

Ordered that a copy of the said memorial, as likewise copies of the Acts, be sent to Mr. Solicitor General, for his opinion thereupon in point of law.