Journals of the Board of Trade and Plantations, Volume 2, February 1709 - March 1715. Originally published by His Majesty's Stationery Office, London, 1925.
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Journal, August 1709
A representation on the referrence of the 18th of the last month [fo. 169, 261], upon the petition of Mr. Bently (mentioned in the minutes of the 27th ditto), relating to a lawsuit depending between him and Mr. Downs, Judge of a Court of Common Pleas in Barbadoes, was signed.
Copy of an Order of Council of the 11th of the last month [fo. 119], revoking an Order of Councill of the 19th of May foregoing, referring to the Board an address from the Assembly of Barbadoes to her Majesty, relating to the proceedings of a Court of Grand Sessions against Mr. Walker &c., mentioned in the minutes of the 1st of June last, was read.
A letter from Colonel Sharp, Mr. Alexander Walker and Mr. Beresford, three of the members of Councill of Barbadoes, dated the 18th of June, 1709 [fo. 183], was read, and the papers therein referr'd to were laid before the Board, and are as follows, vizt.:
Representation from Mr. Sharp, Mr. Walker and Mr. Beresford, to Mr. Crowe, Governor of Barbadoes, together with the proofs to the several articles of complaints against him.
Letter from Mr. Sharp to Mr. Crow, and the Council of Barbadoes, justifying himself from a report spread in Barbadoes of his being a forger of bonds &c.
Copy of an address from the Gentlemen Merchants, planters, freeholders and other inhabitants of Barbadoes, to Mr. Crow, Governor of the said island, complaining of his adhering to an address from the Assembly against his admitting the three suspended Counsellors to their respective places in the Council there.
Mr. Onslow and Colonel Lloyd attending [fo. 172], the proposal for sending 200 families of Palatines to Jamaica, mentioned in the minutes of the 30th of the last month, was again read; whereupon these gentlemen said that they had some objections to make in behalf of themselves and other planters, to the said proposal, particularly to that article, which relates to the sending of negroes to make the settlement for the said Palatines; for besides that this would be an invasion of their property, it would also be a great hardship upon them, in having their own plantation works stand still, whilst their negroes were sent at such a distance (some perhaps above 100 miles) and imploy'd for the settlement of the said Palatines, and therefore they said they were well assured the planters would never agree thereto. They added that they thought this proposal the more hard upon them that were planters, for that not one of the proposers is either a planter or has any negroes there. They were of opinion that the settlement ought not to be upon Linche's Island, but on the main island, and therefore the erecting of hutts on Linche's Island, ought only to be for their immediate reception, till their settlement could be perfected on the main. They further said that the heirs of Sir Thomas Lynch have a grant of the said Linche's Island, and of about 10,000 acres near Port St. Antonio; that Colonel Cope had also a grant of 2,500 acres near the same place, which are now in the possession of one Mr. Woodcock; but as none of these lands have been settled or cultivated, they may be reassumed to her Majesty, or the proprietors compounded with on easy terms. Then these gentlemen delivered to their lordships a proposal of their own [fo. 177], which was read, and found in the main to agree with what was already referr'd to this Board.
These gentlemen being withdrawn, Sir Gilbert Heathcote, Sir Bartholomew Gracedieu, Sir Theodore Jansen and Mr. Whitchurch attending [fo. 172], they were acquainted with the objections that had been made in behalf of the planters, to the sending of negroes to work as aforesaid; whereupon they said that they did not mean that there should be any compulsory power lodged in the Governor or Assembly to oblige the sending of negroes as abovementioned; but only that the Governor be directed to move the Assembly to send their negroes, or, if they liked it better, to contribute a sufficient sum towards the making the said settlements, which they thought the Assembly wou'd readily comply with, in consideration of the advantage that will accrue to Jamaica itself by this proposed settlement there.
Then the proposal of Mr. Onslow and Colonel Lloyd was again read [fo. 176], whereupon these gentlemen said that they agreed to the said three first articles: but they thought that a year and a half's provision to be allow'd the Palatines, mention'd in the 4th article, was too much; for that there were pease and several other sorts of pulse that came to perfection in six weeks after their being sown, besides great plenty of fish on the coast, and wild hogs in the woods.
They agreed to the 5th article, but they thought it unreasonable that this kingdom should be wholly at the charge of this settlement, as proposed in the 6th article; for that Jamaica would have an immediate and proportionable share in the benefit accruing thereby.
The 7th article relates to the charge. They agree that six pound per head for transportation was reasonable. As to subsistance, they thought five pound per head sufficient. They thought two pound per head would suffice for buying cloaths, tools, netts, fuzees, powder and shot; and as to the clearing the land, the charge whereof is estimated at 3l. per acre, they were of opinion that ought to be left to the Assembly to provide for the defraying thereof.
A report upon the proposal for settling two hundred families of the poor Palatines at Jamaica [fo. 172, 218], referr'd to this Board by the Right Honourable the Lords and others, her Majesty's Commissioners for receiving and disposing of the mony to be collected for the said Palatines, as directed yesterday, was signed, and sent in a letter from the secretary to Mr. Bendish, secretary to the said Commissioners.
A letter from the Lieutenant Governor and Council of Antego of the 20th of June, 1709 [fo. 160] with their opinions on the articles of complaint against Colonel Park were read, and several depositions and other papers in proof of the said opinion were laid before the Board.
A letter from Mr. Taylour, of the 6th instant, by order of the Lord Treasurer [fo. 183], desiring this Board to form such a proposal as they shall think most proper for the speedy settling of the poor Palatines, or any number of them, in such manner as may soonest lesson (sic) or put an end to the expence the Government is now at for their subsistence, was read; whereupon ordered that the secretary do write to Mr. Tribbeko, and Mr. Ruperti to know the number and qualifications of these poor people that are arrived here since the 11th of June last, the time when their last account ended.
Their lordships then entred upon the consideration of the said letter, and came to the following resolutions, vizt.:
To propose that an encouragement be given to such particular persons or parishes, as shall be willing to receive any family or families of the poor Palatines.
That it may be reasonable to allow to such persons or parishes, the sum of five pound per head for the said encouragement, and the Queen to be at the charge of delivering the said Palatines at the respective places, to which they shall be required to go.
That such persons or parishes as shall receive such Palatines, do in writing acknowledge the receipt of the money, and the consideration for which it is paid them, vizt.: That the said Palatines shall not from thenceforward be any further burthen to the Crown, and that in relation to such of the said Palatines as shall not be taken off by this proposal, their lordships will consider of the most proper method for settling them in their (sic) Majesty's plantations on the Continent of America.
An Order of Councill of the 25th of the last month, referring to their lordships the petition of Mr. John Sober, merchant [fo. 188], complaining of the proceedings of Mr. Crow, Governor of Barbadoes, and praying relief therein, was read; whereupon ordered that the said Sober have notice to attend the Board on Wednesday morning next.
A letter from Mr. Crow, Governor of Barbadoes, of the 9th of May last, was read, and the papers therein referr'd to were laid before the Board, and are as follows, vizt.:
Papers therein referr'd to.
Minutes of Council from the 6th of January, 1708/9, to the 29th of March following.
Minutes of Assembly of Barbadoes from the 22nd March, 1708/9, to the 4th of May following.
The letter from Mr. Sharp, Mr. Walker and Mr. Berresford, of the 18th of June last, transmitting their proofs to the several articles of complaint exhibited against Mr. Crow [fo. 174, 185], mentioned in the minutes of the 2nd instant, was again read; and their lordships agreed to take the said proofs into consideration on Wednesday morning next.
A letter to the Lord High Treasurer [fo. 180, 186], proposing a method for settling and disposing of some of the poor Palatines, as directed at the last meeting, was agreed and signed, and sent in a letter from the secretary to Mr. Taylour, desiring him to lay the same before his Lordship.
A letter from the Lords Proprietors of Carolina, of yesterday's date, in answer to one writ them the 2nd of February last [fo. 6, 196], relating to the seizure of some goods belonging to the Indian traders of Virginia, was read; and directions given for laying all the papers in this office touching that matter before their lordships.
Then their lordships took into consideration the remainder of the Acts past in Pennsylvania in 1705 [fo. 110, 210], mentioned in the minutes of the 24th of May last, and went through the same, and gave directions that five of the said Acts be sent to Mr. Attorny General for his opinion thereupon in point of law.
The titles of which Acts are as follows, vizt.:
An Act against riotous sports, plays and games.
An Act limiting the presentments of the Grand Jury.
An Act for the further confirmation of the owners of lands and inhabitants of this province, in their just rights and possessions.
An Act for the acknowledging and recording of deeds.
An Act for taking lands in execution for payment of debts.
Their lordships now, as they had agreed the eighth instant [fo. 183, 189], took into consideration the articles of complaint exhibited against Mr. Crow by Mr. Sharp, Mr. Walker, and Mr. Beresford, and read nine of the said articles, as also the proofs transmitted by the complainants (mentioned in the minutes of 2nd instant). Their lordships likewise read the complainants’ observations upon the said articles, together with Mr. Crow's answer (which was read the 24th of January last) [M. fo. 419], and resolved to proceed further upon the said complaints, at the first opportunity.
Their lordships (as they had agreed the 9th instant) took into consideration the settling some of the poor Palatines in America [fo. 183, 192], and ordered that Colonel Laws be desired to attend the Board on Monday or Tuesday morning next, or any other day he should find more convenient to his own affairs.
Then their lordships were pleased to order that inquiry should be made in the Treasury to know what directions had been given by the Lord Treasurer, upon the Order of Council of the 10th of May, 1708 [M. fo. 152; fo. 189] (read the 21st of the same month), relating to the transportation &c. of the Lutherans sent over to New York with the Lord Lovelace, Governor of that province.
Mr. Roos, her Majesty's seal cutter, attending, presented to their lordships four new smal silver seals for the provinces of the Massachusets Bay, New Hampshire and New Jersey, and the Bermuda Islands, for which the secretary was directed to give him a receipt, and the same was done accordingly.
Mr. John Sober, with several other Barbadoes gentlemen, attending [fo. 182, 194], the Order of Council of the 25th of July last, referring to the Board the petition of the said Sober, complaining of Mr. Crow, was again read; and the said Sober being asked several questions, he gave an account of the indecencies offer'd to his wife by Mr. Crow, much to the same purpose, as is set forth in his affidavit annexed to the forementioned Order of Council; and being then asked what were the particular words for which Mr. Crow would have prosecuted him, he said that being exasperated at what Mr. Crow had done, he had said in company that as the Queen's Governor he would respect Mr. Crow and pay him all the deference imaginable; but if Mr. Crow had been a private man, he would then have said that he was a scout and a scoundrel. This was what offended Mr. Crow, and Mr. Crow's intended prosecution was the only thing that forced him from the island, and that still hindred his returning thither; that if he could obtain her Majesty's letter, requiring the Governor not to prosecute him at the Queen's suit, he would venture to return back; these gentlemen being withdrawn, their lordships resolved (after they had gone through the articles against Mr. Crow), to represent this case of Sober's to her Majesty.
Then their lordships entered again upon the consideration of the articles against Mr. Crow [fo. 185, 190], with the proofs and his defence, and went through eleven of the said articles, and resolved to proceed further on Monday morning next.
The secretary acquainted their lordships that having made enquiry at the Treasury of what was done in relation to the Lutherans sent to New York [fo. 187], as directed at the last meeting, he was informed that 655li. had been advanced for tools, utensils, cloaths &c., for the said Germans, and by a letter from the Lord Lovelace, dated in New Jersey the 4th of March last, to the Lord High Treasurer, it appear'd that the Lord Lovelace had not had any directions for subsisting the said Lutherans there; that he had done it upon his own credit, and intended to draw bills for his reimbursements, an extract of which letter was laid before their lordships.
Their lordships proceeded in the consideration of the articles of complaint against Mr. Crow [fo. 189, 192], with the proofs to the said articles, and his defence thereto, and went through the same; whereupon ordered that the draught of a representation be prepared for laying the same before her Majesty.
The secretary having received from Mr. William Walker a state of the case of the three members of Council of Barbadoes, with relation to the proceedings against them in that island, laid the same before the Board, which was read.
A letter from Mr. Cox and Major Pilgrim, two of the Council of Barbadoes, of the 4th of May, 1709, relating to Mr. Crow's proceedings touching the readmission of the three suspended counsellors, was read.
A letter from Mr. Secretary Boyle of the 9th of August, 1709 [fo. 275], referring to the Board a representation from the merchants in Portugal to the Earl of Galway, setting forth their grievances there, was read; and their lordships agreed to take the said grievances into consideration at a convenient opportunity.
Their lordships took into consideration the draught of a representation upon the articles of complaint against Mr. Crow, Governor of Barbadoes [fo. 190, 194], as directed at the last meeting, and made a progress therein.
Colonel Laws attending, as he had been desired the 11th instant [fo. 186, 197], and being asked several questions in relation to the settling of a colony of Palatines on the Island of Jamaica, he said that the advantage of sending such a colony, both to this kingdom and to Jamaica, is so very great that in his opinion it ought to be done almost at any rate, for the white people there are so much decreased that there are not above 2,500 men able to bear arms, and that they had 40,000 negroes at least; that there was great quantities of land unsettled, more than sufficient to plant 50,000 families, but the properest place of settling these Palatines he thought would be on that part of the island, opposite to Lynche's Island; that Lynche's Island ought to be cleared, and little hutts built at the charge of the island, for the immediate reception of the Palatines, till they should be able themselves to make their own plantations on the main island; that the said Palatines ought to have one year's subsistence, or nine months’ at the least, though there are several sorts of pulse that will come up, and be fit to be gathered, in less than six months, besides vast quantity of fowle and hoggs in the woods, turtle on the coast, and fish in the rivers; that he thought 5 acres of land to each family might be sufficient for them to cultivate and improve. He added that in case the inhabitants would not be at the charge of clearing Lynche's Island, and building hutts there as aforesaid, that then it might be done for 5l. an acre at the most, which would not amount to 500l., the said island not containing fourscore acres: then, being desired to put his thoughts more particularly in writing, he promised to do the same, and bring it to their lordships the beginning of the next week.
A letter from Mr. Solicitor General, in answer to one writ him the 27th of July, 1709, upon the petition of Mr. D'Oyly [fo. 169, 253], relating to the guardianship of his brother's children in Virginia, was read; whereupon ordered that the next time the said D'Oyley shall attend, he be acquainted with Mr. Solicitor's opinion on his said petition.
A representation upon the petition of Mr. Sober to her Majesty, complaining of Mr. Crow's proceedings against him [fo. 194, 198], as agreed at the last meeting, was likewise signed; but Mr. Royle attending, and desiring to be heard upon this matter in behalf of Mr. Crow, their lordships were pleased to direct the said representation to be kept in this office till Wednesday morning next [fo. 197], and that Mr. Royle and Mr. Sober have notice to attend the Board at that time.
The petition of Sir William Hodges to her Majesty [fo. 123, 275], relating to his claim from the Portuguese, mentioned in the minutes of the 3rd of June, was again read; and copies of several letters from her Majesty and her Secretary of State to the King of Portugal &c., as also extracts from the register of the Admiralty Court, relating to the said claim, were laid before the Board. Whereupon ordered that the said petition, with the translation of Mr. Methuen's memorial to the King of Portugal, the 13th of October, 1708, the translation of Don Diego de Mendoza Corteval's letter to Mr. Methuen, of the 8th of August, 1708, and Sir William Hodges's answer to the said Don Diego's reasons why the King of Portugal don't restore what is claimed by Sir William, be sent to Sir John Cook, her Majesty's Advocate General, for his opinion [fo. 272], how far the petitioners is relievable, and in what manner it may be done.
Their lordships took into consideration the settling of some Palatines upon Hudson's River at New York [fo. 202], and agreed upon several heads, and gave directions for preparing the draught of a letter to the Lord High Treasurer thereupon.
Colonel Laws attending, presented to their lordships a memorial [fo. 192, 202], containing a proposal for settling several families of the aforesaid Palatines at Jamaica, which was read, and after some discourse with Colonel Laws thereupon, their lordships agreed to make the said proposal part of the letter abovementioned.
Mr. Royle, with Colonel Tyrrel, who is lately arrived from Barbadoes, attending [fo. 195], as also Mr. Sober, as they had been directed the 19th instant, the Order of Council upon the said Sober's petition, as also his affidavit, were read; and Colonel Tyrrel being thereupon asked several questions, he said that he was with Mr. Crow at the said Sober's house, at the time mentioned in the affidavit; that he does not remember there was any such discourse between the said Mr. Crow and Sober's wife and sister, as is alledged; but he own'd that he once went out of the room for a small time, and knows not what might then have been said; that he had heard that Mr. Sober was to be prosecuted for words said by him against the Governor, and that he had also heard that the reason for Sober's speaking those words was the Governor's behaviour towards Sober's wife; and he owned that he never heard of any other reason for the said Sober's coming off the island than the intended prosecution against him. These gentlemen being withdrawn, their lordships agreed to report to her Majesty that the Governor be required to return his particular answer to the complaint of the said Sober, and that till then, and her Majesty's pleasure declared thereupon, he do not cause or allow any prosecution against the said Sober; and gave directions [fo. 195, 199] for making this additional to their report, signed the 19th instant.
Mr. Perry attending and desiring that he might have such papers as are in this office [fo. 162], relating to the vindication of Colonel Park, to make use of at the hearing to be before her Majesty upon the complaints against him, ordered that he have the said papers, giving a receipt to return the same.
The representation relating to Mr. Sober's complaint against Mr. Crow [fo. 198, 239], signed the 19th instant, was laid before the Board, with the alterations made therein as directed yesterday, and signed.
A letter from Colonel Nicholson and Colonel Vetch, dated at New York the 28th of June, 1709, giving an account of their arrival there, the success of their negotiations in relation to Canada, and of the opposition they have met with from the Quakers in that matter, was read.
A letter from Colonel Ingoldsby, Lieutenant Governor of New Jersey, dated at New York the 5th of July, 1709 [fo. 201], was read, and the papers therein referr'd to were laid before the Board, the three first of which were also read.
Papers therein referr'd to.
The Chief Justice of New York's opinion touching the impressing of seamen for her Majesty's ships there.
The Attorney General of New York's opinion, relating to the pressing of seamen.
Minute of Councill of New York of the 3rd July, 1709, relating to the pressing of men for her Majesty's ships of war.
Examination of some Indians in relation to the condition of the French in Canada &c.
Proceedings of the General Assembly at New York, touching the expedition against Canada, June, 1709.
Address from the Lieutenant Governor, Councill and General Assembly of New York to her Majesty.
Minutes of Council of New York from the 9th of May, 1709, to the 3rd July, following.
Acts pass'd at New York in September and October, 1708 [fo. 246] and May and June, 1709.
Whereupon their lordships agreed that paragraph F of the said letter, relating to her Majesty's revenue in that province, be laid before her Majesty; as likewise that paragraph G of the same letter, relating to the Ministers endeavouring to get an allowance out of the quit rents there, be sent to Mr. Lownds to be laid before the Lord High Treasurer.
Their lordships again taking into consideration the letter from Colonel Ingoldesby [fo. 200, 203], as also the papers therewith transmitted, mentioned in the minutes of the 25th instant, gave directions that paragraph L of the said letter relating to the pressing of seamen for her Majesty's ships of war at New York, together with the opinion of the Chief Justice, the Attorney General and the Council of that province, be sent to Mr. Burchet [fo. 217], for the information of the Lord High Admiral.
The draughts of letters to the Lord High Treasurer for transporting such of the poor Palatines to Jamaica and New York [fo. 197, vide infra], as shall not be provided for in this kingdom, Poor Palatines. as directed the 24th instant, was agreed, and ordered to be transcribed.
A letter from Mr. Joshua de Kocherthal, minister to the poor Lutherans that went over with the Lord Lovelace to New York, dated the 15th of February, 1708/9, returning his thanks to their lordships for their favour and good offices done to him and the said Lutherans, was read.
Two letters to the Lord High Treasurer relating to the transporting such of the poor Palatines to Jamaica and New York, as shall not be provided for in this kingdom, as agreed at the last meeting, were signed.
A letter from Mr. Byerly, Collector of her Majesty's Customes at New York, dated the 30th of June, 1709, relating to Colonel Ingoldesby's proceedings against him in relation to the payment of salary the Lord Cornbury says is due to him from the said Byerly, was read; whereupon ordered that a copy thereof be sent to Mr. Lowndes, to be laid before the Lord High Treasurer.
Their lordships again taking into consideration the papers transmitted with Colonel Ingoldesby's letter [fo. 201, 204], mention'd in yesterday's minutes, read three of the said papers, vizt.:
Examination of some Indians in relation to the condition of the French in Canada &c.
Proceedings of the General Assembly at New York, touching the expedition against Canada, June, 1709.
Address from the Lieutenant Governor, Council and General Assembly of New York to her Majesty, relating to the same.