America and West Indies
May 1708


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'America and West Indies: May 1708', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 725-740. URL: Date accessed: 22 November 2014.


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May 1708

May 3.
1463. Mr. Secretary Boyle to the Council of Trade and Plantations. Encloses following. You are to consider of the most proper methods (in order to be laid before H.M.) how H.M. may best comply with the desire of her Commons, etc. Signed, H. Boyle. Endorsed, Recd. 5th, Read 10th May, 1708. 1 p. Enclosed,
1463. i. Address of the House of Commons to H.M. March 3, 1708. Pray that the Laws relating to the Fishery and Trade of Newfoundland may be effectually put in execution against Commanders of H.M. ships or forts there who receive any sums from H.M. subjects in their voyages and fishery there, and that they be forbidden to use any fishing boats for their own private use there, etc. Copy. 1 p. [C.O. 194, 4. Nos. 66, 66.i.; and 195, 5. pp. 29, 30.]
May 4.
1464. W. Popple, jr., to Mr. Solicitor General. The Council of Trade and Plantations having under consideration a Memorial from the Lord Baltemore [Feb. 20] containing his objections against two Acts passed in Maryland, 1707, desire your opinion thereupon in point of law. [C.O. 5, 727. pp. 46, 47.]
May 8.1465. S. Duport to the Council of Trade and Plantations. Encloses following. Wee thought fitt to putt Capt. Pogson att ye head of all, his misfortune of killing a man being such as may befall ye best of men. He is one of the worthiest of that Island, etc. Signed, Ste. Duport. 1 p. Enclosed,
1465. i. Recommends following for the Council of St. Kitts:—Capt. Jo. Pogson, Jo. Peteres, Capt. Jo. Bourryan, Capt. Ed. Gillard, Charles Rowland, John Willet, John King, Capt. Jos. Estridge. Signed, Ste. Duport. Endorsed, Recd. Read June 29, 1708. 1 p. [C.O. 152, 7. Nos. 48, 49.]
[May 10.]1466. Copies of H.M. Instructions to Major Lloyd and the Commodore at Newfoundland, April 11, 1706. Endorsed, Recd. Read May 10, 1708. 4½ pp. [C.O. 194, 4. Nos. 67, 68.]
May 10.
1467. W. Popple, jr., to James Campbell. The Board desire you to lay before them your intended charges against Major Loyd with all possible dispatch, etc. (cf. March 24, and May 3, 1708). [C.O. 195, 5. p. 31.]
May 10.
1468. Same to Mr. Solicitor General. Upon considering the Act to incourage the trade to Newfoundland, the Board desire your opinion as soon as conveniently may be, whether, when a thing is required to be done, or prohibited from being done by Act of Parliament, and no penalty expressed in the said Act, the breach of that Act is not punishable as a misdemeanour at Common Law. [C.O. 195, 5. p. 32.]
[May 10.]1469. Copy of Mr. William Blathwayt's Patent from K. Charles II as Auditor General of the Plantations. Endorsed, Recd. 10th, Read 12th May, 1708. 11pp. [C.O. 323, 6. No. 57.]
[May 10.]1470. John Rayner to the Queen. Prays to be appointed Solicitor General of New York in place of Mr. Broughton; on grounds set out, Acts of Privy Council, II. pp. 522, 523. Overleaf,
1470. i. H.M. refers this petition to the Council of Trade and Plantations for their report. Whitehall, May 10, 1708. Signed, Sunderland. Endorsed, Recd. Read May 12, 1708. 1¼ pp. [C.O. 5, 1049. Nos. 49 (A), 49.a (1); and 5, 1121. pp. 125, 126.]
May 10.
1471. Order of Queen in Council. The Lord High Treasurer is to provide transport to New York, necessary tools for agriculture, and one year's subsistance for the poor Lutherans, as proposed April 28. Signed, Edward Southwell. Subscribed, Aug. 31. A letter was writ for issuing 655l. 4s. to the Treasurer of the transports for providing tools, clothing, etc. Endorsed, Recd. Read May 21, 1708. 1 p. [C.O. 5, 1049. No. 55; and 5, 1121. p. 137.]
May 10.1472. Order of Queen in Council. The poor Lutherans (April 28) are to be made free Denizens of this Kingdom, without charge. Signed and endorsed as preceding. 1 p. [C.O. 5, 1049. No. 56; and 5, 1121. p. 138.]
May 11.
Whitehall, Treasury Chambers.
1473. Wm. Lowndes to Wm. Popple. Encloses following petition which the Lord High Treasurer conceives should more properly have been referred to the Council of Trade and Plantations. (See Acts of Privy Council, II. No. 1050.) Signed, Wm. Lowndes. Endorsed, Recd. Read May 12, 1708. 1 p. Enclosed,
1473. i. Capt. Richard Long to the Queen. In the reign of his late Majesty, Petitioner commanded the Rupert prize, and was sent upon discoveries on the coasts of America not possest by Europeans, he proceeded to the Gulph of Darien, and there laid the first foundation of commerce with those Indians, from whom he gained intelligence of the gold mines of Cany, possess'd by the Spaniards, and lying about three days' march from the waterside, but being informed that the Spanish Barlavento Fleet were upon the coast, he was forced to come away without attempting any further discovery for fear of being intercepted by them. At his return to England, the war being then declared against Spain, he propos'd to the Governmt. to fit out a ship with only 120 men, which with the Indians he cou'd have raised, might have been sufficient to have surprized those mines, but not succeeding therein, he applied himself to Admiral Benbow, who liking the said design, was willing to take your petitioner with him for his pilot, and did accordingly obtain for him the command of the Lewis prize hulk, for Jamaica; but the said Admiral's misfortune prevented his putting the said design in execution; and petitioner has been ever since in your Majesty's service in the West Indies, till his late return. Since the present war, the privateers of Jamaica did make an attempt upon the said mines of Cany, and brought away about 60l. of gold, but had not the expected success through their ignorance of the right methods to manage it, which petitioner cou'd clearly demonstrate. Petitioner at his first setting out in the Rupert prize proposed to have 200l. for his expenses and necessaries to treat the Indians, but could gett no more than 150l. in malt tickets, which yielded but 105l., and the expences and charges with the Indians amounted to 185l. Prays to be paid the balance of 80l., etc. Copy. 2 pp. [C.O. 323, 6. Nos. 58, 58.i.; and 324, 9. pp. 181–184.]
May 12.1474. Ed. Jones to the Council of Trade and Plantations. 500l. is not too much to be paid me for resigning my places to Mr. Noden's kinsman, for that sum was paid for them by Mr. Fifield to Mr. Tucker, when they were not near their present value, etc. etc. Signed, Ed. Jones. Endorsed, Recd. Read May 12, 1708. 1½ pp. [C.O. 37, 8. No. 49.]
May 12.1475. Nominations for the Council of New Jersey. Printed, New Jersey Archives, 1st Ser., iii. 299. Endorsed, Recd., from Ld. Lovelace and Proprietors, Read May 12, 1708. ¾ p. [C.O. 5, 970. No. 58.]
May 14.1476. Certificate in favour of John Rayner (May 10). Signed, by 8 of the Judges of Westminster Hall. Endorsed, Recd. Read May 14, 1708. ¾ p. [C.O. 5, 1049. No. 50; and 5, 1121. p. 126.]
May 14.
1477. Circular letter from the Council of Trade and Plantations to the Governors of the Plantations. Two Acts having been passed in the last Session of Parliament, vizt., an Act for ascertaining the rates of foreign coines in H.M. Plantations in America, and for the encouragement of the trade to America, we send you here enclosed two of each of the said Acts, and are thereupon to require you to cause the same to be publish'd with the usual solemnity through [your Government]; and you are further to take particular care that the said Acts be duly complyed with. Mem. After the word "thereupon," these words," by H.M. command" were added for Carolina, Pensilvania, Connecticut, and Rhode Island. [C.O. 324, 9. pp. 184, 185.]
May 17/28.
Rio Essequebo, Fort Kijckoveral.
1478. J. Bassing to the Directors of the Dutch West India Company. Signed, J. Bassing. Endorsed, Read Sept. 6/17, 1708. Addressed. Sealed. Dutch. 1½ pp. Enclosed,
1478. i. Accounts, etc. 1698 ff. Dutch. 10 pp. [C.O. 116, 20. Nos. 14, 14.i.]
[May 17.]1479. Mr. Solicitor General to Wm. Popple. Reply to May 10. I take it to be pretty clear, that tho' there be no particular penalty mentioned in an Act of Parliament, requiring or prohibiting the doing of anything, yet if any person shall offend agst. such Act, he may be fined at the discretion of the Court upon being found guilty on an indictment or information which may be exhibited agst. him for acting contra formam statuti. Signed, Ja. Mountague. Endorsed, Recd. Read May 17, 1708. 1 p. [C.O. 194, 4. No. 69; and 195, 5. p. 33.]
May 17.1480. Deposition of Capt. Long in support of his petition, May 11. Cf. June 2. Signed, Richd. Long. Endorsed, Recd. Read June 1st, 1708. 1½ pp. [C.O. 323, 6. No. 60.]
May 18.
1481. The Earl of Sunderland to Governor Handasyd. Recommends to his protection Thomas Betts of the Inner Temple, etc. [See April 27.] [C.O. 5, 210. p. 93.]
May 18.
1482. Governor Crowe to the Council of Trade and Plantations. Now lyes before me your Lordships' of Jan. 29. When any Flaggs of Truce come from the enemy, I shall observe your Lordps.' directions therein; and readyly obay H.M. commands in reinstateing Messrs. Sharpe, Cox, Mills and Walker to their places, next sitting of Councill. But I wish this alteration may not disturbe the quiet and repose that, with patience, industery, and managment I had procur'd amongest the inhabitants, who indeed were (even beyond my hopes) come to a reconcilling temper. By the last printed law, I meant the Act concerning the Governor's holding the Generall Sessions, which is the last in Mr. Rawlin's book of the Laws of Barbados, but that is now repeal'd by a new one, which, amongest others I now send your Lordships, for H.M. approbation. If your Lordships had given yourselves the trouble to have perused the Minutes of the Councill at a Court of Grivance, you would have seen I had no shaire in suspending the execution against Col. Holder, for it was done by the majority of the Councillors' votes in that Court, which I am bound by my oath to pronounce sentence upon; against next pacquett I shall according to your Lordships' directions gett a list of all the Pattent Officers, and the value of their places. I observe H.M. has been pleased to appoint Coll. Freere and Major Pilgrim of her Councill here; the first has been dead some months, as alsoe Col. Wheeler, and in that vacancy (there being then but six Councillors in the Island) I placed Judge Warren; but he in obedience to H.M. Order, must be removed with the other three. I humbly recommend the said Gentlemen to your Lordps., as the best qualified to supply the vacanceys that may fall in H.M. Councill; by Mr. Warren's remove, I placed Major Beckles in his room as Judge of the Hall Court. All the Guards are dismiss't from the severall Forts, and the Mattrosses placed therein, as the Law directs. I hope this will be a great means to keep the poorer sort amongest us. Soe soon as the Comittee of publick Accts. have settled them, coppys thereof shall be sent your Lordps., as alsoe those of the Revenue. The proceedings of Capt. Fane, Commander of H.M.S. Lowestaffe, have been soe irregulare, I beg your Lordships wou'd be pleased to lay the same before H.R.H. that the owners of the vessell may have reddress. There are two of H.M. ships that attend this Island now cruising in the Latt: the Greenwich in her last took a French prize of 120 tuns, loaden with sugar, at Guardaloupe. In the new Commission of the Peace your Lordships will find there is none but men of the best estates. Signed, M. Crowe. Endorsed, Recd. 2nd, Read 4th Aug., 1708. 3 pp. Enclosed,
1482. i. List of Justices in the several precincts of Barbados, 114 names. Endorsed, Recd. Aug. 2, 1708. 2 pp.
1482. ii. Transactions of the Committee of Council of Barbados with the Assembly concerning (a) the Bill for laying an imposition on wines etc. imported, March 2–18, 1708. The Comittee of the Council protest against a clause being tacked on to this Bill, whereby the Assembly assume to themselves a separate power of appointing and employing Agents in England, without the concurrence of H.E. and the Council, as being a great indignity to H.M. Government, foreign to the title and nature of the Bill, and contrary to H.M. Instructions. The Assembly insist, but extend the title of the Bill, and alter the clause regarding Agents to the appointment of 3 Agents, one to be nominated by the Governor and Council and two by the Assembly, the majority of them to transact the affairs of the Island. The Council (March 18) reject the amended bill on the same grounds as before. (b) Concerning the Bill appointing a Committee for settling the public accounts, the Council give their reasons for adhering to their amendments in reply to the Assembly's resolutions. April 13, 1708. The whole endorsed, Recd. Aug. 2, 1708. 8 pp.
1482. iii. Deposition of T. Withers, mercht., part owner of the sloop Sarah, Capt. Edward Flower, master, from Curacoa. On March 23, Capt. George Fane, H.M.S. Lowestoft, seized her upon a charge of having contraband goods aboard. He delayed examining her, whilst he himself passed the time with Col. Cleland, who suggested to deponent that, to avoid further trouble, he should make Capt. Fane a small present, otherwise Capt. Fane might make the sloop sail with him. Deponent made an offer to Capt. Fane, who said that he knew better than to let the sloop come to a trial here, that he could not live on wages of 8s. a day, that he had been a great sufferer by the merchants and must make it up by them againe as he had already done in some measure to the vallue of about 6 or 700l. He demanded 200l., which deponent declined. Col. Cleland then suggested that Capt. Fane should be satisfied with 100l. Capt. Fane replied that he would not abate anything of 200l., but would not allow deponent to depart. April 14, 1708. Signed, Thos. Withers. Endorsed, Recd. 2nd, Read 4th Aug., 1708. 2 pp.
1482. iv. Deposition of John Jones, Gent. On March 26 he did see a handkirecher with money handed from the Sarah into the Lowestoft's boat. April 22, 1708. Signed, John Jones. ½ p.
1482. v. Deposition of James Hammell, mariner. On March 26 he heard Capt. Fane, on board the Lastaff, declare he would take from off Barbados all the white or black men that would leave it, in spight of the Government. William Robertson told deponent that he had sent two negroes on board the Lastaffe, the tytle of one of the negroes being in dispute. On board the Sarah Capt. Flower told him he had paid Wm. Davis, Lt. of the Lastaffe, 100l. for ransome of the sloop, rather then be carryed to New Yorke, as Capt. Faine said he would, etc. etc. Signed, James Hammell. 1 p.
1482. vi. Deposition of Elizabeth Flower. Deponent heard Capt. George Faine say that he carryed off this Island Mr. Roundoe, and that he would carry off 50 more whites or blacks in spight of the Governour and all ye other little proud fellowes of Barbados, and that he did not vallue the Queen's service or Commission one farthing, haveing a sufficient liveing of his own in England, etc. Deponent had asked her husband to bring her back some linnen for their wearing, etc. Signed, Eliz. E. Flower (mark). 1 p.
1482. vii. Deposition of Edward Flower, as above. On March 23 Lt. Davis made a severe search of the Sarah, but only found a dozen goat-skins and 4½ pieces of holland, which were for deponent's own use, 4 barrels of powder, 6 boxes of English soap which was brought to Curacoa by a Bristol man, and some cocoe matts. He paid Lt. Davis 100l. and one of the half pieces of holland and ½ doz. skins for Capt. Fane, in order to avoid being carried to New York etc. April 15, 1708. Signed, Edward Flower. 3 pp.
1482. viii. Account of Stores of War in the Magazine in Barbados. Nov. 17, 1707—May 18, 1708. Signed, Wm. Leslie. Endorsed, Recd. Aug. 2, 1708. 2 large pp.
1482. ix. Minutes of Council of Barbados, April 26, 1708, appointing members to committees in place of Cols. Cleland and Holder, etc. Same endorsement. 2 pp.
1482. x. Minutes of Assembly of Barbados, April 13, 1708. In reply to H.E.'s recommendation for the raising of a levy to defray the expenses of the Government, the House resolved that they could not justly levy any tax until several thousand pounds due to the public from particular persons had been called in, the public accounts made up, and a true state of the debts of the country laid before the House. They addressed the Governor desiring him, as Chancellor, to put an end to the practice of the Register of the High Court of Chancery in taking 10 p.c. by the name of deposit money from all persons takeing out injunctions after judgement obtained at Common Law, this being a grievous extortion and illegal oppression of H.M. subjects, supported for corrupt ends, etc. Same endorsement. 2¾ pp. [C.O. 28, 11. Nos. 11, 11.i.-x.; and (without enclosures) 29, 11. pp. 281–287.]
May. 18.
1483. Governor Crowe to the Earl of Sunderland. Refers to preceding. H.M. Order to reinstate the four Councillors is what I did not expect, and I fear will create new disturbances in this unhappy place, which I had soe reconcilled, that there was the greatest hopes of a perfect union amongest them, a few necessitous persons only excepted, who never can be pleased with a just Governor or Government. I thought I had given such demonstration of zeal for the Queen's service that nothing would have been determined against me without a full hearing, whereby I might have had an oppertunity of justifieing my proceedings; for if everything be taken as the Lords of Trade (who I perceive, altho' I cannot apprehend the reason, are none of my ffriends) represent, H.M. authority here will be little reguarded. It had been much better that never any orders had been given about these gentlemen. I shall continue my constant endeavours to make all things as easy as possible, for every one is allike to me, but I must break an Instruction in placeing Col. Mills, who is now in the goaler's custody for debt, at the Councill board. Indeed the late fatall paper Act has reduced many men that were in great possessions to a low ebb, especially Judge Burke. I hope your Lordship will not lett any false insinuations prevaile against, Signed, M. Crowe. 2 pp. Enclosed,
1483. i.–iv. Duplicates of preceding letter and enclosures ii. (in fuller form) ix., x. [C.O. 28, 38. Nos. 70, 70.i.-v.]
May. 19.1484. Objections of several Proprietors of New Jersey to some of the Councillors there, with names of those proposed by them. Set out, New Jersey Archives, 1st Ser., iii. 300, q.v. Endorsed, Recd. Read May 19, 1708. 2¾ pp. [C.O. 5, 970. No. 59.]
May 19.1485. Deposition of Mr. Ingoldesby relating to Mr. Revell and Mr. Leeds, Councillors of New Jersey, and the arbitrary proceedings of Governor Lord Cornbury. July 16, 1706. Signed, Geor. Ingoldesby. Endorsed, Recd. Read May 19, 1708. 3 pp. [C.O. 5, 970. No. 60.]
May 19.1486. Deposition of Mr. Hamilton, to the same effect as preceding. Signed, John Hamilton. Endorsed, Recd. Read May 19, 1708. 2½ pp. [C.O. 5, 970. No. 61.]
May 19.
1487. Governor Handasyd to the Council of Trade and Plantations. I have little of moment since my last. Mr. Wager is now at sea, with some part of his squadron, expecting the coming out of the Galleons, of which nobody knows the time of sailing, they lie at Porto Bell with their topsail sheets loose, but whether they will sail this year or not is very uncertain, though they make severall motions, as if they would sail immediatly. We have 20 odd sail of trading sloops at Porto Bell, under convoy of a 60 gunn ship, here are daily some of them returning, who give a very indifferent account of the trade, they can hardly sell the goods for what they cost them, but however it is supposed to be for the advantage of the trade to keep it afoot, for fear the French or any else should undermine us in it. Our privateers have had very good success, one of them has taken two French ships, one laden with wine and brandy, the other with salt, which is not yet come into port, and Capt. Coleby, Commander of a privateer sloop of 100 and odd men, mett with 14 sail of brigantines and sloops (laden with valuable goods going from the galleons at Porto Bell to Panama) under convoy of the Duke of Anjou's guard sloop of betwixt 70 and 80 men, he bravely fought the guard sloop and two others that stood by her two hours, and took her and six more, five of them he brought in here, the other two after he had taken the goods out of them he gave to the French and Spaniards to carry them ashore, they being too many for him to bring in: he owns himself that the Spaniards offered him for the ransome of the sloops 180,000 pieces of eight, what the value of them will prove here I am wholly a stranger to. I shall not give your Lops. any further trouble, expecting the packett boat every minute, by which I hope I shall be able to give you a fuller account of everything. Signed, Tho. Handasyd. Endorsed, Recd. 19th, Read 21st July, 1708. 2 pp. [C.O. 137, 8. No. 12; and 138, 12. pp. 297, 298.]
May 19.
1488.Council of Trade and Plantations to Mr. Secretary Boyle. Enclose following to be laid before H.M. in Council.
1488. i. Council of Trade and Plantations to the Queen. Report upon the Fishery of Newfoundland. See May 3. Set out, Acts of Privy Council, II. pp. 553–559, q.v. No complaints of the kind against commanders of H.M. ships have been made at this Board; if guilty, they ought to be punished by the loss of their employments etc. We are examining into the allegations against Major Lloyd of trading contrary to his Instructions, April 11, 1706, and of extortion. The most proper method to prevent arbitrary proceedings of Commanders of the garrison at Newfoundland is by giving the Commodore of the Convoy power to command at land, as was done till about 3 years ago, there being no Governor to keep officers and soldiers under due discipline. There are several abuses practised by inhabitants and masters of ships in the Fishery trade (enumerated), owing to there being no penalty or reward for prosecution in the Act to encourage the trade to Newfoundland. Propose that the Commodore be given a Commission to command at land and punish such abuses as the same have formerly been or lawfully may be according to usage there, and that, in all cases not redressed there, he transmit the names of offenders home for their punishment here. (Cf. May 10.) Collectors at the out-ports to transmit to the board full particulars as to the crews of the fishing ships, etc. H.M. Royal Proclamation to be issued for the putting in execution of the Act etc. Illegall trade with Portugal, for some time carried on, ought to be prevented. This can only be done by a Customs Officer residing there, whose service would probably answer his charge. [C.O. 195, 5. pp. 34–43.]
May 19.
1489. W. Popple, jr., to the Earl of Sunderland. Encloses copy of preceding Representation. Signed, Wm. Popple, jr. 1 p. Enclosed,
1489. i. Duplicate of No. 1488.i. 11½ pp. [C.O. 194, 22. Nos. 71, 71.i.]
May 19.
1490. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M. in Council. It will be necessary that H.M. pleasure shou'd be declared thereon before the departure of the Lord Lovelace, etc. Autograph signatures. 1 p. Annexed,
1490. i. Council of Trade and Plantations to the Queen. Recommend for H.M. approbation 20 Acts of New York passed 1691–1705. The Act for punishing pirates, 1692, rendered unnecessary by the Act of Parliament for the more effectual suppression of piracy passed here since, is recommended for repeal. [C.O. 5, 1121. pp. 129–135; and (without enclosure) 5, 1084. No. 34.]
May 20.
1491. Order of Queen in Council. Confirming 20 Acts of New York as preceding. Signed, Edward Southwell. Endorsed, Recd. Read May 28, 1708. 3 pp. [C.O. 5, 1049. No. 58; and 5, 1121. pp. 139–143.]
May 20.
1492. Order of Queen in Council. Repealing Act of New York for punishing pirates, as supra. Signed and endorsed as preceding. 1½ pp. [C.O. 5, 1049. No. 59; and 5, 1121. pp. 143, 144.]
May 20.
Treasury Chamber.
1493. Mr. Lowndes to Mr. Popple. My Lord Treasurer desires the Council of Trade and Plantations to make an estimate of the money required for the transportation etc. of the poor Lutherans (April 28, May 10), and to propose some person whom they thinke proper to receive the same. Signed, Wm. Lowndes. Endorsed, Recd. Read May 21, 1708. Addressed. 1 p. [C.O. 5, 1049. No. 54; and 5, 1121. pp. 135, 136.]
May 20.
1494. Order of Queen in Council. Approving Representation of March 19 relating to Newfoundland, and giving directions accordingly. The Council of Trade and Plantations are to continue to examin the proceedings of Major Loyd, and make report thereof, and meantime to prepare a letter to be sent from H.M. to Major Loyd signifying her disallowance of his proceedings mentioned, and strictly requiring him to yield all due obedience to H.M. Commission to the Commodore for the time being. Signed, Edward Southwell. Endorsed, Recd. Read May 28, 1708. 10 pp. [C.O. 194, 4. No. 70; and 195, 5. pp. 44–46.]
May 20.
1495. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. Read June 1st, 1708. ¾ p. Enclosed,
1495. i. William Penn to the Queen. Petitioner finding it convenient to change hands and therfore proposes to commission Capt. Charles Gookin, late of Lt. General Earle's Regiment, his Lieut. Governour. Petitioner humbly prays the said Gookin may be approved of by the Queen for that trust in order to his voyage thither by the present oppertunity that offers. Signed, Wm. Penn. Copy. 1 p. [C.O. 5, 1264. Nos. 35, 35.i.; and 5, 1292. pp. 42, 43.]
May 21.
1496. Commissioners of Customs to the Lord High Treasurer. Enclose list of Acts recently passed relating to Trade and Navigation, to which Governors' Instructions should be made conformable. (See No. 1443.) Call attention to the fact that the Governors' oath required by 7 and 8 Wm. III does not oblige them to observe Acts passed since. Set out, N.Y. Docs., v. p. 41, q.v. 5 signatures. Endorsed, Recd. Read June 1, 1708. 1 p. Enclosed,
1496. i. List of Acts referred to in preceding. [This is the paper said to be missing, N.Y. Docs., v. 41.] 1 p.
1496. ii. Duplicate of No. 1443. 1½ pp. [C.O. 5, 1049. Nos. 61, 62, 62.i.; and (without enclosure ii.) 5, 1121. pp. 219–222.]
May 21.
1497. W. Popple, jr., to Mr. Lodwick and Mr. Perry. The Board desire to speak with you as to the necessaries to be provided for the German Lutherans for New York etc. [C.O. 5, 1121. p. 136.]
May 26.1498. Deposition of Col. Lloyd in support of his petition, April 15. Governor Handasyd said that he was obliged by his Instructions to grant all escheats to the first informer, who is Capt. Aylmer etc. Signed, Richd. Lloyd. Endorsed, Recd. Read June 9, 1708. ¾ p. [C.O. 137, 8. No. 4.]
May 26.1499. Deposition of Mrs. Freeman in support of Col. Rich. Lloyd, April 15. Signed, Kath. Freeman. Endorsed, Recd. Read June 9, 1708. ¾ p. [C.O. 137, 8. No. 5.]
May 26.
1500. Order of Queen in Council. In accordance with representation, April 27, upon petition of James Whitchurch, the inquisition, proceedings and grant of regress referred to are annulled. Signed, John Povey. Endorsed, Recd. Read June 10, 1708. 1 p. [C.O. 137, 8. No. 7; and 138, 12. pp. 263, 264.]
May 26.
1501. Mr. Dummer to Mr. Popple. Gives sailings of the Frankland, out and home 110 days. Over and above what the Captain wrote from Ireland of his discovering 11 ships of warr in lat. 35, which he supposes to be French commanded by Ducass; I am inform'd from Jamaica, March 30 last, that the galleons will stay at Portabell 4 months in expectation of a convoy; the Flota from Vera Cruz are arriv'd at ye Havanna, and almost ready to sail for Europe, under convoy of M. Ducass. Which seems to agree with the Captain's apprehension that he came thwart them in lat. 35. Comodore Wager was on the coast with 3 good ships, the rest abroad in several places, so that we hope for many prizes and the amendment of trade; our traders are all on the coast with 2 men of war, hopes in a month their return with money for all their goods. Signed, E. Dummer. Endorsed, Recd. 26th, Read 27th May, 1708. 1 p. [C.O. 323, 6. No. 59.]
May 26.
[26. 3m (May) 1708.]
1502. Wm. Penn to Wm. Popple. Esteemed Friend, considering the reason of ye settlemt. of West Jersey, especially, and the reall interest of the same with respect to the encouragemt. and satisfaction of the most valluable inhabitants in yt. place, I am of opinion leaveing thos persons, Tho. Revell and Daniel Leeds, out of the Councill, will tend most to publick quiet and satisfaction of ye people of those parts, wch. I take to be of moment at this time on divers accts. One Keeble yt. is to be wth. ye Lords, knows them both, pray ask him, and favour his proposall of a noble staple, potash, to encrease our returns (our present defect), and beleive that I am, They assured and affect. Friend, Signed, Wm. Penn. Endorsed, Recd. Read May 27, 1708. Addressed. Sealed. Holograph. 1 p. [C.O. 5, 970. No. 62.]
[May 27.]1503. John Keble, of West Jersey, Merchant, to the Council of Trade and Plantations. Petitioner about 8 years ago went over to Pensilvania with considerable effects and there purchased land, whereon he planted tobacco and Indian corn, and set up likewise a pot-ash work. Both himself and servants fell sick of the seasonings, which deprived him of severall of his servants and all his crop, which unhappy devastation he was no way able to retrieve, yet by the assistance of a few friends on the place he carryed on (what was chiefly aimed att) his pot-ash work, and brought the said manufacture to such perfection as (upon ye trial of some of it imported here) to be well approved by the soap makers in London. This gave him encouragement to go on, and having embarqu'ed a large quantity for England, with hopes of a good return, ye ship and cargo was unfortunately taken by ye French, which utterly disabled him in ye progress of so hopefull an undertakeing, without a suitable assistance, whereof he has no prospect (since his former unhappy defeat) but from ye publick. The farther prosecution of the work will benefit the public by (1) the increase of H.M. Customs (pot-ash paying 4l. 10s. per tonn), (2) the ease of returns per exchange, being now 50 or 60 p.c. and (3) by this means promote ye greater consumption of our woolen and linnen manufactures, and divert ye attempt of making them in ye Plantations. Prays for an advance of money, and a patent for making salt in H.M. Colonies in North America, being he is ye first projecture of it, wch. is a main help he proposes to himself (by ye product of salt and ye ashes made under ye salt pans) to support and carry on the pot-ash work, he not taking more then 3s. per bush. sterl. money from ye pans, etc. Signed, John Keble. Endorsed, Recd. Read May 27, 1708. 1 p. [C.O. 5,970. No. 63; and 5, 994. A. pp. 350–352.]
May 27.
1504. Governor Dudley to the Council of Trade and Plantations. I trouble your Lordships with this by the way of Barbados humbly to acknowledge letter of Oct. 13, 1707, etc. In obedience to H.M. commands I forthwith sent for Borland, Rouse, Phillips and Coffin (Mr. Vetch not being in this Province) and declared H.M. pleasure therein, and discharged them accordingly, and gave warrants upon the Treasury for the restoring their fines, having first taken their bonds with suretys to abide their tryal at the next Superior Court, in November. I am glad my service referring to the Naval Stores is acceptable to your Lordships, I shall not fayle of any possible methods, to bring the people to make those commoditys better for quality, and to increase the quantity every year, the only inconvenience is that the troubles with the Indians press me so hard, that I can very difficultly defend the labourers in the woods. I was perfectly ignorant that Mr. Bridges' desires referring to travelling charges had been considered before he came away; he is very diligent in his service here, and I shall not fail to do my duty for his support, I lately obtained a Law in the Province for the security of the masts, and directions for their cutting, which I hope will be pleasing to your Lordships, and will secure for the future any wasts of the great timber. The inadvertency of my Clerk left out Mr. Penhallow's name of the list of Councellors, and wrote two names wrong, inclosed is a list from the Instructions for the Govermt. of N. Hampshire, wherein it appears that by death and removal out of the Province, the Council is reduced so low that it is difficult for me sometimes to get a Quorum of five to attend the service, and I am asham'd to tell your Lordships that Waldron, Hilton and Smith, lately appointed by H.M., will by no means be prevayled with to pay for their warrants, they say that in no time past any Councellor paid any fee for a warrant, that the service is hard and no manner of benefit. It troubles me to give your Lordships this account, but the service demands it of me, and I pray your Lordships' further direction therein. Refers to papers sent by the Deptford. Signed, J. Dudley. Endorsed, Recd. Sept. 8, Read Nov. 10. 2½ pp. Enclosed,
1504. i. (a) List of Councillors of New Hampshire: Wm. Partridge, gone out of the Province; John Hinks, laid down; Nathaniel Fryer, dead; Peter Coffin, 80 ann.; Robert Eliot; John Gerrish; John Ware, 76 ann. can't attend; Wm. Vaughan; Samuel Penhallow; George Jaffrey, dead; John Plaisthead; Henry Dow, dead. (b) Governor Dudley's nominations:—Richard Waldron, Winthrop Hilton, Joseph Smith, George Vaughan, Thomas Phipps, George Jaffrey, Mark Hunkins, Theodore Atkinson. Endorsed, Recd. Sept. 8, 1708. 2 pp. [C.O. 5, 864. Nos. 240, 240.i.; and (without enclosure) 5, 913. pp. 20–23.]
May 28.
1505. Lt. Governor Hamilton to the Council of Trade and Plantations. Encloses accounts of the losses of the Island during the French Invasion taken by the Commissioners. The Hector man of warr, Capt. Gray, tooke some weekes since a small French crovett of six guns and upwards of 80 men, wch. has in some measure hindred the privateers to be soe frequently amongst us as usual. The Island in generall is now pretty healthy, and the people begin to raise theire spirits especially with the hopes of H.M. most gracious bounty, this much I thought it my duty to informe your Lordships, the Capt. Generall being gon last tuesday from St. Christophers to Antigua, and mis'd the packett. Signed, Wr. Hamilton. Endorsed, Recd. 2nd, Read 16th Aug., 1708. 1 p. [C.O. 152, 7. No. 52; and 153, 10. p. 191.]
[May 28.]1506. List of Protestant Refugees lately arrived from the Palatinate. (See June 22, 28, 1708.) Names:—Peter Rose and wife; Maria Wemars, widow and daughter; Isaac Feber, wife and son; Daniel Fiere, wife and two sons; Peter Hübertsen and son [Herman Schüneman]. Endorsed, Recd. Read May 28, 1708. 1 p. [C.O. 5, 1049. No. 57.]
May 28.
1507. Lt. General Erle to Mr. Pulteney. Recommends Mr. Gookin (see May 20). Signed, Tho. Erle. Endorsed, Recd. Read June 1, 1708. Holograph. 1 p. [C.O. 5, 1264. No. 37; and 5, 1292. p. 45.]
May 31.
1508. Council of Trade and Plantations to the Earl of Sunderland. Enclose following. Autograph signatures. 1 p.
1508. i. Council of Trade and Plantations to the Queen. Enclose following. "Which Instructions are to the same purpose as those that have from time to time been given to the Lord Cornbury." Propose that Wm. Hall and John Harrison be appointed to the Council of the Western Division in place of Revell and Leeds who have been concerned in arbitrary proceedings. Set out, N.Y. Docs., v. 42 and New Jersey Archives, 1st Ser., iii. 309, q.v.
1508. ii. Instructions for John, Lord Lovelace, Baron of Hurley, to be Captain General and Governor General of New Jersey. Kensington, June 27, 1708. [C.O. 5, 994.A. pp. 352–406; and (without enclosure) 5, 1084. No. 35.]
May 31.
1509. Council of Trade and Plantations to the Earl of Sunderland. Enclose following.
1509. i. Council of Trade and Plantations to the Queen. Enclose following.
1509. ii. Instructions for Lord Lovelace for the Government of New York. Similar to those of Lord Cornbury, C.S.P., 1701, No. 1030 and ff. Names of Councillors: Peter Schuyler, Gerardus Beckman, Rip van Dam, Caleb Heathcote, Thomas Wenham, Killian van Ranslaer, Roger Mompesson, John Barbarie, Adolphus Philips, William Peartree, Abraham De Peyster, and David Provost. [C.O. 5, 1121. pp. 144–146; and 168–219.]
[May 31.]1510. John Rayner to the Council of Trade and Plantations. Petitions to be admitted to prove his allegations of May 10. Endorsed, Recd. Read May 31, 1708. 1 p. [C.O. 5, 1049. No. 60.]
[May 31.]
1511. A complaint as to the neutrality of the Five Nations, and a proposal for taking Port Royal. This Province (Massachusetts Bay) and New Hampshire has been made the butt of the present warr, by reason New York has in no measure joyned their assistance against the common enemy, nor encouraged the Five Nations to hostility against the French; but trade with the French Indians of Canada and the Eastern parts, who have often made bloody incursions upon us. The Governor of New York, in 1704, refused to support our Commissioners in their endeavour to move the Five Nations to take up arms against the French; they were ready to do so, if he should direct them. Pray for H.M. directions to him to do so. Otherwise this Province will be in great hazard of being ruined and lost, the defeat of the expedition to Port Royal last year having animated and irritated the enemy. The Governor of that place sent last summer for a force to insult us this summer. We are in very great necessity of present help from H.M. altho' our Generall Assembly were not so happy as to agree in forming their Address for it. Propose that a squadron of H.M. ships should be ordered to reduce Port Royal, etc. Set out, N.Y. Docs., v. pp. 42, 43, q.v. Endorsed, Recd., from Mr. Dummer, 1st, Read 3rd June, 1708. Copy. 2¾ pp. [C.O. 5,1049. No. 63.]
May 31.
1512. Council of Trade and Plantations to the Earl of Sunderland. Enclose following. Being informed from the Admiralty that the Commodore waits only for a fair wind to proceed on his voyage, and in regard there will be no other opportunity of sending thither this year, we desire your Lordp. will, so soon as conveniently may be, lay them before H.M., etc. Enclosed,
1512. i. Commission for Capt. Peter Chamberlain, Commodore of the Newfoundland convoy, to command in chief on land there, and to inspect the ports and stores on arrival and departure, etc. Kensington, June 1, 1708.
1512. ii. Instructions for same, in accordance with H.M. Order. (See May 19, 20.) You are to inquire into abuses in the trade and fishery at Newfoundland, and irregularities practised by the officers etc. there, and to redress and punish them in accordance with the Act; to report upon the keeping of journals by the Admirals of harbours, the charges against Major Lloyd, and upon illegal trade; to make a return of the stores of war there and what is needed: to inspect the boom at St. Johns and give directions for necessary repairs; to inspect the garrison and make a return of what men have been enlisted, and whether belonging to ships or inhabitants etc. Kensington, June 1, 1708.
1512. iii. The Queen to Major Loyd. Recounts charges made against him of trading, hiring out soldiers and taxing the inhabitants. (See March 5 and May 19.) All which undue practices (in breach of our express commands and of the trust reposed in you) do greatly tend to the discouragement of the trade and fishery of Newfoundland: to the intent therefore that such offences may be punished, and for prevention of the like for the future, We have thought fit to direct our Commrs. of Trade and Plantations strictly to examin into the several matters aforementioned, and to lay a ful account thereof before us, for our further pleasure therein. In the mean time we do hereby signify to you our utmost dislike of such undue practices, and do declare that whoever shal be guilty thereof, the person so offending, shall not only incur our high displeasure, but be proceeded against according to Law. You are to yield all due obedience to the Commodore for the time being as to your officer during his stay in those parts, etc. Kensington, June 1, 1708. [C.O. 195, 5. pp. 46–56.]