America and West Indies
September 1709

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Institute of Historical Research

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Cecil Headlam (editor)

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1922

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457-476

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'America and West Indies: September 1709', Calendar of State Papers Colonial, America and West Indies, Volume 24: 1708-1709 (1922), pp. 457-476. URL: http://www.british-history.ac.uk/report.aspx?compid=73807 Date accessed: 21 April 2014. Add to my bookshelf


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Contents

September 1709

Sept. 1st.
Whitehall.
708. Council of Trade and Plantations to the Earl of Sunderland. Enclose Address from New York to H.M. relating to the expedition against Canada. [C.O. 5, 1121. p. 397.]
Sept. 2.
Barbados.
709. Governor Crowe to the Council of Trade and Plantations. Encloses papers. By that of the Chancery your Lordps. will perceive nothing is depending there that was ripe for a hearing, and I have taken such care of the Magazine stores that there is now a good stock of powder. All the lower Courts have been kept very exactly, only St. Michael's, by reason of the smal pox rageing in the Bridge Town was (for want of assistants) sometime adjourned. Since my arrival (blessed be God) all provisions has been very plenty, and the Island in general more healthy than for many years before, as your Lordps. may observe by the lists of births and burialls, there being an increase thereby. That of the Martineco inhabitants, I had from a good hand. The Indians on St. Vincents, St. Lucia and Dominico continue very quiet under H.M. protection. H.M.S. Burlington and Hector are now a-cruising off those Islands. By my last Speech to the General Assembly your Lordps. will find how pressingly I have recommended the Provost Marshalls affair to them, and the raising money for repairing of the Forts etc., which indeed very much want it. The account of the Publique Revenue is not yet all stated. I have often sollicited for the frequenter attendance of that Committe, which they now promise. It being contrary to my Instructions to permit any single vessell without H.M. express orders to saile for Europe, Capt. Bushel under pretence of wanting sugars to fill his ship, petitioned me for leave to go to Antego to compleat his loading, on which I granted the prayer of said petition, provided he gave in bond to touch there, that H.M. Instructions might be observed, which I perceive by the deposition he makes a complaint of. Capts. Legge and Norburry, H.M.S. Weymouth and Larke, have been so insolent in their behaviours and breach of orders here, that the Council and Assembly have ordered their Agents to represent the same to your Lordps. and my Lord High Admiral. Signed, M. Crowe. Endorsed, Recd. 15th, Read 28th Nov. 1709. 1 3/4 pp. Enclosed,
709. i. Bond of Capt. Bushell and Henry Adamson that the Laurel shall touch at Antego, etc. as described in preceding. Endorsed, Recd. Nov. 15, 1709. Copy. 1 p.
709. ii. List of causes pending in the Court of Chancery, Barbados. Aug. 25, 1709. Same endorsement. Signed, Tho. Hide, Dep. Reg.
709. iii.–vii. List of causes determined in the Courts of Common Pleas, Barbados, Aug. 1708–1709. Names given. Same endorsement. The whole, 62 pp.
709. viii. List of baptisms and burials, Barbados, Aug. 1708—9, by parishes; Total;—Baptisms, 434; Burials, 345. Same endorsement. ½ p.
709. ix. Account of negroes imported from Guinea, June 24, 1708—Aug. 1, 1709. 6 ships imported 1293 negroes. Signed, Saml. Cox, Naval Officer. Same endorsement. ½ p.
709. x. List of the inhabitants of Martineque, with their slaves, horses, cattle and sugar-works, Jan. 1, 1708/9. Totals:—Men, 1481, boys 2312, women, 1593, girls, 1738, slaves, 20,282, soldiers, 150, etc. Same endorsement. 1 p.
709. xi. Account of prizes and seizures condemned in the High Court of Admiralty, Barbados, established since Aug. 1708. 7 ships. Signed, Stephen Alexander, Regr. Cur. Admiral. Same endorsement. 1 p.
709. xii. Account of stores of war, Barbados, Jan.-July 1, 1709. Same endorsement. 2 long strips.
709. xiii. Act of Barbados for adjourning the General Sessions, June 4, 1709. Same endorsement. Copy. 1¼ pp. [C.O. 28, 12. Nos. 53, 53. i.–xiii.; and (without enclosures) 29, 12. pp. 58–62.]
[Sept. 2.]710. Account of money disbursed by Governor Lord Lovelace on behalf of the German Protestant Immigrants, and now due to Lady Lovelace. Total, £202–17–8. Signed, Joshua Kocherthall, Herman Schuneman. Endorsed, Recd. Read Sept. 2, 1709. 2 pp. [C.O. 5, 1049. No. 111.]
Sept. 2.
Whitehall.
711. Council of Trade and Plantations to the Queen. It not appearing whether the warrant revoking Col. Ingoldesby's Commission as Lieut. Governour of New York (v. April 8 and 11, 1706) was signed by your Majesty and sent, or no, we forbear transacting with him till we receive your Majesty's pleasure, etc. Set out, N.Y. Docs. V. 89. [C.O. 5, 1121. pp. 398, 399.]
Sept. 3.712. Lady Lovelace to the Council of Trade and Plantations. In spite of Col. Ingoldsby's bullying and hectoring endeavours to seize papers entrusted to me by Lord Lovelace for Lord Sunderland, and to prevent my sailing, I did at midnight get the trunk of papers and myself on ship-board, etc. The expenses we were at amounted to above £2000 more than he received at New York, which was not above £400. etc. Set out, N.Y. Docs. V. 89. Signed, Lovelace. Endorsed, Recd. 3rd, Read 5th Sept., 1709. Holograph. 2 pp. [C.O. 5, 1049. No. 112; and 5, 1121. pp. 399–401.]
Sept. 3.
Craven House.
713. Commission and Instructions of the Hon. Charles Craven to be Secretary of South Carolina. Signed, Craven Palatin, Beaufort, Craven for ye Ld. Carteret, Maurice Ashley, John Danson, M. Ashley for Jos. Blake, J. Colleton. [C.O. 5, 289. pp. 226–228.]
Sept. 5.
Windsor.
714. Order of Queen in Council. A warrant is to be prepared revoking Col. Ingoldesby's Commission as Lt. Governor of New York (cf. Sept. 2, 1709). Signed, John Povey. Endorsed, Recd. 15th, Read. 25th Oct. 1709. 1p. [C.O. 5, 1049. No. 126; and 5, 1121. pp. 435, 436.]
Sept. 5.
Windsor.
715. Order of Queen in Council. John Sober to have leave to return to Barbados etc. as recommended Aug. 25. q.v. Signed, John Povey. Endorsed, Recd. 15th, Read 25th Oct. 1709. 1¼ pp. [C.O. 28, 12. No. 43; and 29, 12. pp. 34, 35.]
Sept. 6.
Whitehall.
716. Council of Trade and Plantations to the Queen. Representation upon seizure of goods by the Government of South Carolina, belonging to Indian traders of Virginia. The trade ought to be left free and open to Virginia. Propose that the Government of Carolina be instructed not to levy any duty upon goods carried by Virginia Indian traders to the Western Indians, and that the Governor be required to return the bond extorted in this case from them, etc. Set out, A.P.C.II. pp. 610–613. [C.O. 5, 1362. pp. 415–419.]
Sept. 8.
Whitehall.
717. Council of Trade and Plantations to the Queen. In obedience to your Majesty's Order in Council, April 28th last, referring to our examination a Collection of Laws passed in Pensylvania, 1705, by Lt. Governor Evans, we have consider'd the same. There are some which are unfit to be continued in force, vizt. (1) An Act against riotous sports, plays and games, which was repealed Feb. 7, 1705/6 for the reason then given, that it restrains your Majesty's subjects from innocent sports and diversions. If the Assembly shall pass an Act for preventing of riotous sports and for restraining such as are contrary to the Laws of this Kingdom, we shall have no objection thereunto. (2) An Act limiting the presentments of the Grand Jury. Liable to the same objection as the Act repealed Feb. 7, 1705/6. (3) An Act for the further securing the administration of the Government of this Province, which enacts that upon the death or absence of the Lt. Governor, and in the absence of the Governor in Chief, the President with 5 Members of the Council may take upon them the Governmt. of that Province, with as full power and authority as any Lt. Governor, by which means your Majesty's approbation of a Lt. Governor may be eluded, at least so long as the Proprietor shall think fit to continue the Government in the hands of the President and Council, and therefore we are humbly of opinion that this Act likewise be repealed. (4) An Act for the acknowledging and recording of deeds. By a clause in this Act it is provided that no woman shall recover her dower or thirds of any lands or tenements, which have been sold, alien'd or convey'd by her husband during her coverture, altho' she be no party to the deed, nor anyways consenting to the sale or assurance of such lands or tenements, which we think unreasonable, and repugnant to the Laws of this Kingdom. (5) An Act directing the qualification of magistrates and officers, as also the manner of giving evidence. The objections to this Law have already been stated. (6) An Act for the better proportioning the rates of mony in payment made upon contracts according to the former regulation. An Act having been pass'd here for ascertaining the rates of foreign coins in H.M. Plantations, we humbly offer that the foregoing Act be repealed. As to the other of the Pensylvania Laws referr'd to us, we have no objection against the same, so that in case your Majesty do not see cause within 6 months from their having been presented to your Majesty in Council (which was on April 28) to repeal any of them, they will remain in full force, pursuant to the Charter of Propriety, granted to Mr. Penn. Upon this occasion we humbly take leave to represent to your Majesty that by the said Charter Mr. Penn is impowered, with the advice of the Freemen of that Province, or their delegates in Generall Assembly, to enact Laws for the good of the said Province, under a proviso, that such Laws be not repugnant or contrary to, but so far as conveniently may be agreable to the Laws of this Kingdom; as also that a transcript of such Laws be within five years after the making thereof delivered to your Majesty's Privy Council, and that if any of the said Laws within the space of 6 months after they shall be so deliver'd, as aforesaid, be declared by your Majesty to be void, the said Laws shall thenceforth become null and void accordingly; otherwise to remain in full force. This we think unreasonable, that Mr. Penn should have 5 years time to lay his Laws before your Majesty, and your Majesty but 6 months to consider thereof; for it may so happen, as in the present case, that so great a number of Laws may at one time be transmitted, as that it will be difficult if not impossible, considering the other business that may intervene, to examine the same as they ought to be. We further take leave to observe, that in none of the Acts of this Province, there is any clause for renouncing the Pretender, or declaring their allegience to your Majesty, and therefore we humbly offer that your Majesty be pleased to signify your pleasure to Mr. Penn that he endeavour to get a Law pass'd for that purpose. List of 44 Acts annexed. [C.O. 5, 1292. pp. 146–154.]
Sept. 8.
Whitehall.
718. William Popple to William Penn. The Council of Trade and Plantations having gone through the examination of the Pensylvania Laws, intended to have spoke with you on Tuesday last, but upon enquiry they found you were out of town, and they being pressed in point of time to lay the said Laws befor H.M., which they did this day, with their opinion that several of them be repealed, I believe there will be no Council till the 19th inst., at least I hear so. This I thought necessary to acquaint you with. [C.O. 5, 1292. p. 155.]
Sept. 8.
Craven House.
719. Warrant of the Lords Proprietors of Carolina to the Hon Christopher de Graffenried for 10,000 acres of land, at a quit-rent of 5/- per 1000, he having paid us a competent sum and fully satisfy'd us of his intention to carry over into North Carolina a considerable number of poor Palatines, for the better improving and planting that part of our said Province, etc. Signed, Craven Palatine, Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 289. p. 229.]
Sept. 8.
Spanish Town.
720. Governor Handasyd to the Council of Trade and Plantations. Acknowledges duplicates, and H.M. Privy Seale of April 2, 1709, in relation to one Mr. Jones, a marchant, wherein I am ordered to give an acct. of the proceedings of the Grand Court touching that affair, all that I can find of the matter is that that land has been patented by Robt. Norris, who has been dead this five or six and twenty years, and dyed without either will or heire that ever we heard of, till Mr. Jones two years agoe made pretentions, neither had Mr. Jones nor anybody else dureing that time (that ever was heard of) any goods or chattles upon that land to distrain for H.M. quit-rent; neither doe I believe that either Mr. Jones or anybody else (except H.M.) has any pretentions to it; but if he or his Agent pays the Queen's Quit-rent, according to the Act of the countrey, the Receiver Generall will be ready to recieve it; I doe think it is very hard that they who faithfully serve H.M. cannot by any means come at there just due, as myself who is £2700 behind in my sallery as Governor, and does not know where to get a groat of it, and severall others that's considerably behind; and as to the great perquisites, anybody should have had mine for £50 a year ever since I've been in the Governmt.; However I hope some other Gentleman will soon enjoy the same; As to ye affairs of the Island, Mr. Wager designes to saile very soon with three men of war and severall marchantmen, he leaves here 5 men of war, 3 of which has not above 330 men to man the 3, so yt. we have onely the Crown and Portsmouth to depend upon; The Spaniards has an acct. of a large French squadron, who designes for this Island, but the truth of which I am a stranger to, and beleives your Ldships. will be better informed then I can here; I need not acquaint your Ldships. of our circumstances in case we should be attackt, however I hope we shall show ourselves to be ffaithfull servants to our gracious Queen and Countrey, but doe not believe we are capable of doeing maracles. I enclose two abstracts of some Spanish letters, which was intercepted by a privateer, which gives us an acct. what damage our English ships has done in the South Seas. I have sent a copy of the same to the Earle of Sunderland, and another to my Lord Godolphin; I hope my last of July 18 the oreginall is come safe to your hand before this, (copy enclosed) which gives you an acct. of the distemper the Island was afflicted with, but (I thank God) is pretty healthy at present; that brave man Capt. Hutchens dyed 10 days agoe, and Admirall Wager has been very bad, but I hope he is now in a fare way of recovery; there is some of our trading sloopes out upon the Spanish coast, and others goeing, they pretend tradeing is very dull, there's 3 small boates, 2 periagoes, and one lance committing pyracy upon the Spanish coast, which cannot be catched, to the number of 100 and odd, they are of all nations but commanded by a Frenchman; here is brought in since my last 3 prizes by the privateers, a Frenchman and 2 sloops. There's another Frenchman of 28 gunns, which they attackt 3 severall times, but still was beaten off; she was so disabled that afterwards she sunk, they report she was of vast vallue, the other that they have taken caryed 14 gunns, and they say is very rich; their is just now brought in a large Spanish ship by one of our privateers, on board of which their is 4000 sherroons of cocko, I doe not hear there is anything else on board of her. The great disputes that happens here betwixt the Collectors of H.M. outward Customes and the captures of the privateers as also the private sailers, I am apprehensive it will be much to the disadvantage of keeping the seaffairing people on this Island, belonging to the privateers. etc. Signed, Tho. Handasyd. Endorsed, Recd. Read Nov. 23, 1709. 2 pp. Enclosed,
720. i. (a) Extract of letter from Fra. Barth. Catoo, Porto Bello, June 18, 1709. The news is that the 16th has been letters here from Panama, that in the South Seas was two English ships, one of 24 gunns and the other of 30. They have taken a French ship and two boates near Piatta, and they are gone to Guajaquil, they landed 140 men and set fire to part of the place, and being they should not goe ffurther they capitulated for 30,000 peices of eight, which was given to them, and for all that they plundered most part of the houses, the 17th instant arived a vessall from Panama, which gave us notice that off of this side of the King's Island was seen 4 ships, and assures us was the enemy, the place is in arms and in great confusion and have secured Dariell with 160 men for fear the enemy should goe to Calidonia as it seems they designe and destroy it etc., as also that they will be in the South Sea's for a long time, haveing commission from Queen Anne for 2 years, and 'tis but 9 months since they left England.
(b) Extract of letter from Pedro Jozeph Delaranza, Panama, June 20, 1709. Wee are not secure of the enemy in these seas being a squadron of 7 English vessalls, and they have taken 6 Frigates of great value, and some other small vessalls, etc., Repeats preceding. It will be a great while before we cann goe from this Citty, the president will not permit any vessalls to goe out. The whole, 1 p. [C.O. 137, 8. Nos. 72, 72. i.; and (without enclosure) 138, 13. pp. 59–63.]
Sept. 9.
Whitehall.
721. The Earl of Sunderland to the Council of Trade and Plantations. The Queen having thought fit to appoint Col. Robert Hunter to the Governments of New Yorke and New Jersey, you are to prepare draughts of Commissions and Instructions, etc. Set out, N.Y. Docs. V. p. 91. Signed, Sunderland. Endorsed, Recd. 10th, Read 15th Sept., 1709. 1 p. [C.O. 5, 1049. No. 115; and 5, 1121. p. 403.]
Sept. 10.
London.
722. Mr. Dummer to Mr. Popple. The Frankland packetboat is arriv'd in Mounts Bay from the West Indies. Out and home 113 days. There is a sort of distemper in Jamaica, which begins in a soar throat and then into a feavour, which carrys many off. The last Fleet of merchants bound to Jamaica came there July 10th, little or no trade in those parts. Admiral Wager designs to come away in 60 days, from the arrival of the abovesaid fleet. Signed, E. Dummer. Endorsed, Recd. Sept. 10, 1709. 1 p. [C.O. 323, 6. No. 85.]
Sept. 10.
Windsor.
723. The Queen to Governor Crowe. You are to attend us in Councill prepared to make your defence against the complaint of John Sober, who is permitted to return to Barbados and take depositions etc. as Sept. 5. Countersigned, Sunderland. [C.O. 5, 210. p. 167.]
Sept. 10.
Windsor.
724. The Queen to the Governor of Virginia. Whereas divers inhabitants of the Canton of Berne have made it their humble petition to us that they may be permitted to make a settlement on the frontiers of Virginia, where they propose to establish a Colony of about 5 or 600 persons at their own charge etc., our will and pleasure is that you, upon their arrival, allot them lands on the S.W. branch of the River Potomack, according to your Instructions of Feb. 19, 1709, provided always that in all things they duly conform themselves to the several Laws of Trade and Navigation heretofore made or which hereafter shall be made, etc. Directed to Robert Hunter, who had, however, been appointed Governor of New York Sept. 9. Supra. [C.O. 5, 210. pp. 168, 169.]
Sept. 12.
Bristol.
725. William Penn to Mr. Popple. Honored Friend, I could have been glad I might have had ye favour from the Lords to have seen these laws, as returned by ye Atturny Genll. before reported; and yet pray if the Bord please that they were delay'd till I waite upon them, for, I hope, my lame leg will give me leave to attend yt. affaire in two or 3 weeks time. I returne my acknowledgements for thy kinde advertismt., and pray ye Lords will for ye Queen's service, eminently more than mine, stop ye negative and sanction. forgive this scrible, and beleive I am wth. truth and esteem, Thy reall and affect. Friend, Signed, Wm. Penn. Endorsed, Recd. 14th, Read 15th Sept. 1709. Holograph. Addressed. Sealed. 1½ pp. [C.O. 5, 1264. No. 79; and 5, 1292. p. 156.]
[Sept. 13.]726. Robert D'Oyly, Clerk, to the Council of Trade and Plantations. Prays that his nephews, now detained in Virginia, may be sent for and made wards in Chancery. v. July 18 etc. Endorsed, Recd. Sept. 13, Read Nov. 2, 1709. 3 pp. [C.O. 5, 1316. No. 35; and 5, 1362. pp. 429–431.]
Sept. 14.
Whitehall.
727. W. Popple to Governor Handasyd. The Council of Trade and Plantations having adjourned for some days I have receiv'd several letters from you to their Lordships dated May 1, 25 and 26, June 14 and July 18, 1709, all which letters will be laid before their Lordships at their next meeting etc. [C.O. 138, 12. p. 449.]
Sept. 14.
Whitehall.
728. Same to Lt. Governor Bennett. To same effect as preceding. Encloses letter to be forwarded. [C.O. 38, 6. p 470.]
Sept. 14.
Whitehall.
729. Same to Governor Crow. To same effect. [C.O. 29, 12. p. 23.]
Sept 14.
Whitehall.
730. Same to Governor Parke. To same effect. Concludes: Upon a petition from Mr. Nevine H.M. was pleased to order that the complaints against you be heard before her in Councill Sept. 26. I have accordingly communicated your papers to Perry for your defence, etc. [C.O. 153, 10. pp. 374–376.]
Sept 14.
Whitehall.
731. W. Popple to Mr. Burchett. Encloses extract of letter from Governor Handasyd, July 18, 1709, relating to the want of seamen of H.M. ships of war etc. to be laid before the Lord High Admiral. [C.O. 138, 12. pp. 449, 450.]
Sept 15.
Whitehall.
732. Council of Trade and Plantations to the Earl of Sunderland. Enclose draughts of Commissions for Col. Hunter, for the Governments of New York and New Jersey, in the usual form. Set out, N.Y. Does. V. 92. [C.O. 5, 1121. pp. 404–422; and 5, 995. pp. 1–19; and 5, 189. pp. 1–18.]
Sept. 15.
Whitehall.
733. Same to same. Enclose Capt. Holmes' account of French cruelty in the Bahamas. v. April 20, 1709. [C.O. 5, 1292. p. 156.]
Sept. 15.
Whitehall.
734. W. Popple to Wm. Penn. Reply to Sept. 12. Refers to letter of Sept. 8. Their Lordships do not think it proper for them to do anything further therein. I am informed the Council will not meet till the 26th inst. [C.O. 5, 1292. p. 157.]
Sept. 15.
Craven House.
735. Warrant from the Lords Proprietors of Carolina, granting Mr. Lays Michel 2500 acres of land in N. Carolina, at a quit-rent of 5/- per 1000 acres, "he having given us many and undoubted proofs of his inclination to our service and his continual endeavours to promote the general good of our Province, and we having also received a reasonable summe of money of him" etc. Signed, Craven Palatin, Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 289. p. 230.]
Sept 16.
Whitehall.
736. Order of Queen in Council. Refering following to the Council of Trade and Plantations for their opinion. Signed, Chris. Musgrave. Endorsed, Recd. Read Sept. 29, 1709. Enclosed,
736. i. Lt. Governor Walter Hamilton to the Queen. Prays for H.M. Commission to be Lt. Generall of the Leeward Islands, and in case of the death or absence of the Capt. Generall to have the usual salary and perquisites of Lieut. Generals in such cases. The Captains General have pretended a power of nominating whom they think fitt to that trust. Petitioner hath served long and faithfully, and suffer'd much in his person and estate, and humbly hopes he is very acceptable to the inhabitants, to whom in consideration of their near neighbourhood to the enemy; dureing the warr it would be a great satisfaction to have the chief command of those Islands setled by your Majesty, etc. Copy. 1 p. [C.O. 152, 8. Nos. 33, 33. i.; and 153, 10. pp. 377–380.]
Sept 16.737. Mr. Bendysh to Mr. Popple. Encloses following to be laid before the Council of Trade. Signed, H. Bendysh. Endorsed, Recd. Sept. 19, 1709. Addressed. ½ p. Enclosed,
737 i. Resolution of a Committee of the Commissioners for the relief and settlement of the poor Palatines, Guildhall, Sept. 13, 1709. The Council of Trade and Plantations are the most proper persons for considering the settlement of some of the Palatines in Jamaica, and none are fitter to put the same in execution under them than Capt. Jones, Benjamin Way and Mr. Whitchurch, etc. Copy. 1 p.
737. ii.–vi. Duplicates of Representations of Aug. 3, 30 (2), and of Proposals of July 27, Aug. 2. [C.O. 137, 8. Nos. 49, 49. i., 50–54; and (with enclosure i. only) 138, 12. pp. 451–453.]
Sept. 17.
Windsor.
738. H.M. Warrant revoking Col. Ingoldesby's Commission as Lt. Governor of New York. Set out, N.Y. Col. Docs. v. p. 91. Countersigned, Sunderland. Endorsed, Recd. Read Oct. 21, 1709. 1 p. [C.O. 5, 1049. Nos. 125, 148; and 5, 210. pp. 170, 171; and 5, 1121. pp. 434, 435; and 5, 1122. pp. 139, 140.]
Sept. 17.
Carolina.
739. Governor and Council of Carolina to the Council of Trade and Plantations. Reply to letter of May 7, 1707. The number of ye inhabitants in this province of all sorts are computed to be 9580 souls, of which there are 1360 freemen, 900 free women, 60 white servant men, 60 white servant women, 1700 white free children, 1800 negro men slaves, 1100 negro women slaves, 500 Indian men slaves, 600 Indian women slaves, 1200 negro children slaves, and 300 Indian children slaves. The freemen of this Province, by reason of the late sickness brought here from other parts, tho now very healthy, and small supply from other parts, are within these five years last past dec[r]eased about 100, free women about 40, white servants for the aforesaid reasons and haveing compleated their servitude are dec[r]eas'd 50, white servant women for the same reason 30, white children are encreased 500, negro men slaves by importation 300, negro women slaves 200, Indian men slaves by reason of our late conquest over the French and Spaniards and the success of our forces against the Appallackys and other Indian engagements are within this 5 years encreased to the number of 400, and the Indian woman slaves to 450, negroe children to 600, and Indian children to 200. The whole number of the Militia of this Province is 950 white men fit to bear arms, vizt. two Regiments of Foot, both makeing up 16 companys, 50 men one with another in a company, to which must be added a like number of negro men slaves, the Capt. of each Company by an Act of Assembly, being obliged to enlist, traine up and bring into the field for each white one able slave armed with gunn or lance for each man in his Company, and the Governor's troop of guards consisting of about 40 men, the Col., Lt. Col., Capt. Cornet and two Exans, together with 9 patrowls of 10 men in each patrowl to take care of the women and children in time of allarum and invasion, French prodestants, and an independent compa. at Santee consisting of 45 men and pattrowle of 10 men; the commoditys exported from this Province to England are rice, pitch, tarr, buck and doe skinns in the haire and Indian drest, allso some few fuirs, as beaver, otter, wilde catt, racoons, buffloe, and bear skins, and some ox and cows hides, a little silk, white oak pipe staves, and sometimes some other sorts, wee are sufficiently provided with timber fitt for mast and yards of severall sizes both pine and Cyprus, which may be afforded very reasonable and supplied at all times in the year, there being no frost or snow considerable enough to hinder bringing them down the rivers. Other commodities not of the produce of this place, but brought here from the American Islands and exported for England, are logwood, brasiletto, fustick, Cortex, Isleathera, tortoiseshell, ambergrease and cocoe. From this Province are exported to severall of ye American Islands, as Jamaica, Barbados, Antigua, Nevis, St. Christophers, the Virgins, Montserrat, and the Bahama Is lands, staves, sloops and shingles, beef, pork, rice, pitch, tarr, green-wax-candles made of myrtle-berries, tallow and tallow candles, butter, English and Indian pease, and sometimes a small quantity of tann'd leather. Goods imported from the foregoing Islands are rum, sugar, mollosses, cotton, fustick, brasiletta, cortex, Isleathera, ambergrease, tortoise-shell, salt and pamento. Logwood is generally brought from the bay of Campeachy. Wee are allso often furnished with negros from the American Islands, chiefly from Barbados and Jamaica, from whence also comes a considerable quantity of English manufactures and some prize goods (vizt.) clarrett, brandy etc. taken from the French and Spaniards. Wee have allso commerce with Boston, Road Island, Pensilvania, New York, and Virginea, to wch. places wee export Indian slaves, light dear skinns drest, some tann'd leather, pitch, tarr, and a small quantity of rice. From thence wee receive beere, sider, flower, dry cod-fish and mackerell, and from Virginea sometimes European commodities. Further wee have a trade to ye Maderas, (from whence wee receive most of our wine) allso to St. Thomas and Curacco, to which places wee send ye same commodities as to the other Islands, excepting pitch tarr and rice lately prohibited, which prohibition is greatly disadvantageous to our trade in those parts. The trade of this Province is certainly encreased of late years, there being a greater consumption yearly of most commodities imported. And the inhabitants by a yearly addition of slaves are made the more capable of improving the produce of the Colony. Notwithstanding 'tis our opinion that the value of one [ ? our] import is greater (if we include negros with the commodities that are consumed here) then our export by which means it comes to pass that wee are very near drained of all our silver and gold coine, nor is there any remedy to prevent this but by a number of honest laborious persons to come amongst us, that would consume but little, by which means the produce of the country being encreased might in time make our exportation equalize, if not exceed our importation. That wch. has been a considerable, though unavoidable hindrance to the greater encrease of our trade, is the great duty on goods both imported and exported, occasioned by the debts ye Country is involved in by the late expedition in the time of Governor Moore against St. Augustine, and the charge in fortifying Charles Town this time of warr and danger, to which may very justly be added the late prohibition of pitch, tarr and rice. There are not above tenn or twelve sail of ships or other vessells belonging to this province, about halfe wch. number only were built here besides a ship and a sloop now on the stocks near launching, neither are there above twenty sea-faring men who may be properly accounted settlers or livers in the province. There is not as yett any manufactures setled in this province saving some particular planters who for their own use onely make a few stuffs of silk and cotton, and a sort of cloth of cotton and wool of their own growth to cloath their slaves. All possible precautions are taken by this Goverment to prevent illegal trade, the Acts of Trade and Navigation being strictly enforsed on all occasions.
The Indians under the protection of this Govermt. are numerous, and may be of great use and service in time of invasion, the Nations wee have trade with are as follows: (vizt.) the Yamasees, who are seated about 80 or 100 miles south from Charles Town, they consist of about 500 men able to bear armes. they are become great warriours, and continually are annoying the Spaniards and the Indians their allies. To the southward of the Yamasees are a small nation called Paleachuckles, in number about 80 men, they are settled in a town about 20 miles up the Savanna river, and are very serviceable in furnishing with provisions the Englishmen who goe up that River in perryagues wth. supplys of goods for the Indians, and bring skinns in returne for them. About 150 miles south-west from Charles Town is seated on ye aforesaid River a nation of Indians called the Savannas, they are settled in three towns, and consist of about 150 men; a few miles distant on ye said River is a considerable town of Indians, that deserted the Spaniards and came with our forces from them about five years past, they are known by the name of the Appalatchys, and are about 250 men, and behave themselves very submissive to this Goverment, these people are seated very advantageous for carrying on trade. Indians seated upwards of 700 miles off are supplied with goods by our white men that transport them from this River uppon Indians backs. About 150 miles westward are settled on Ochasee River 11 towns of Indians consisting of 600 men, amongst whom are severally families of the aforesaid Appalatchys. These people are great hunters and warriours and consume great quantity of English goods. About 150 miles west from these people on the Chochtakuchy River, there is a town of Indians setled for conveynicency of carrying on trade who are very serviceable on that account, these people are seated about middway between Ochasee River and the settlements of the Tallabousees and the Attalbamees. They are many townes and consist of at least 1300 men, are great warriours and trade with this Government for great quantities of goods. About 200 miles from the Tallaboosees and ye Attalbamees westward lies the Nation of Indians called the Chickysaws, who are [at] least in number 600 men, these Indians are stout and warrlike, they are divided, part in the English intrest and part in the French, there is a factory settled by those French about four days journey down that River whereon the Tallabooses and Attalbamees live. Wee have but few skinns or furrs from the Chickysaws, they living soe distant twill hardly answer ye carriage, slaves is wt. wee have in exchange for our goods, wch. these people take from severall nations of Indians that live beyond them. The Chereky Indians live about 250 miles northwest from our settlement on a ridge of mountains, they are a numerous people, but very lasey; they are settled in sixty townes, and are at least 5000 men, the trade we have with them is inconsiderable, they being but ordinary hunters and less warriours. There are severall other Nations of Indians that inhabit to the Northward of us, our trade as yett with them is not much, but wee are in hopes to improve it very shortly. From the aforesaid severall Nations of Indians is bought and shipped for England one year with another about 50,000 skinns, to purchase wch. requires at least £2,500 or £3000 first costs in England; the goods proper for a trade with ye Indians are English cottons, broad cloth of severall coloures, doffells blew and redd, beads of severall sorts and sizes, axes, hoes, faulchions, small fuzee gunns, powder, bulletts and small shott.
St. Augustine, a Spanish garison, being planted to the southward of us about 100 leagues, makes Carolina a frontier to all the English settlements on the Maine. Therefore Charles Town, the cheif port in Carolina, by the direction and diligence of our present Governor, Sir Nathaniell Johnson, is surrounded with a regualar fortification, consisting of bastions, flankers and halfe moons, ditched and pallasadoed and mounted with 83 gunns, allso at the entrance of the harbour on a place called Windmill Point, within carabine shott of wch. all vessells must pass by, is now building and almost finished a triangular fort and platform of capacity to mount 30 gunns, which when finished will be the key and bulwork of this province, but wanting some large and heavy gunns both for the fortifications about Charles Town and the said fort and platforme, together with a sutable store of shott, the preservation of this province soe nearly concerning the security of the rest of H.M. Plantations on the Maine. Wee humbly conceive that it would be conducive to H.M. service to have these places as well fortifyed as possible, the inhabitants of this Province having been allready at very great charge and expence towards perfecting soe necessary a work, wee therefore pray your Lordships to become intercessours to her Sacred Majesty that she would pleas to give us 50 gunns, (vizt.) 30 dimi canon and 20 culverin of the largest size with a sutable store of shott and powder, which is all wee want to make Carolina impregnable. Your Lordships shall from time to time receive from us a faithfull account of all occurrances that can anyways concerne either H.M. service, the interest of Great Brittaine, or the advantage of this particuler Province. Signed, N. Johnson, Tho. Broughton, Robt. Gibbes, Geo. Smith, Richd. Beresford. Endorsed, Recd. 1st, Read 7th Dec. 1709. 10 pp. [C.O. 5, 1264. No. 86; and 5, 1292. pp. 166–176.]
Sept. 20.
Whitehall.
740. W. Popple to Josiah Burchett. The Council of Trade and Plantations being informed that my Lord High Admiral has referred the papers relating to the pressing of seamen at New York (Aug. 30) to the Attorney and Solicitor General, desire a copy of their opinion thereon. [C.O. 5, 1121. pp. 422, 423.]
Sept. 20.
Antigua.
741. Michael Ayon to the Council of Trade and Plantations. By H.E.'s order I give your Lordshipps an account of a barbarous designed murder against him on Sept. 5th. Last year Mr. Nivine's being taken into France, going to England, and not haveing an opertunity of writeing to his friends in Antigua as soon as expected, the faction of this Island concluded he was lost, which put them upon a desperate designe of shooting the Generall, which they in a little time after fruitlessly attempted by shooting at Capt. Clarke of the Adventure mann of warr, who they tooke for the Generall, but mist him, in a litle time after they shott att himselfe and likewise mist him, he then not thinkeing it any other then an accidentall shott, in a litle time after they had a letter from Nivine which gave them some hopes of accompleishing their ends in a more honourable manner, but afterwards hearing that your Lordshipps had made a report in his favour and knowing that their base complaints would not beare inquireing into, what with the disapointment and the vast expence they had been at, putt them once more upon acting as designed a piece of vilianny as never was heard of before in a Christian country which they brought about after this manner. A notorious runn-away negroe belonging to one Capt. John Otto Bayer, who had for some time been runn away from his said Master, hearing that there was a reward of £30 for the bringing of him in dead or alive, came and surrendred himselfe to one Mr. James Field Minister of St. Johns in this Island, who went with him to his said Master and begg'd very earnestly for his pardon, which at last he obtained, which makes every one here justly suspect that the person was in great measure guilty of what was designed against H.E., because (1) it seems very strange that the parson (who is very barbarous in his nature, frequently punishing allmost to death the smallest of crimes in his owne slaves, and never was knowne to begg for any slave before) should at this time begg for soe great an affender, and at the same time geld and cutt of one of his owne slaves leggs, who was seduced by this negro and was not equally cullpable with the other, if he did not designe this slave of Capt. Otto's for the Generall's executioner; (2) Why should the parson and Col. William Thomas, clandestinely leave the Island the night before the Generall was to be shott by the negroe, if they had not been afraid of hearing their guilt repeated by others and the negroe's confession if taken, their forceing away of Capt. Harry without takeing the Genll.'s letters, and severall other instances of this kind gives just grounds to believe that they were deeply concerned in the murder designed; the management of which was left to one Bastian Otto Bayer, a profligate young fellow, who the faction of this Island putt at the head of the mobb when the riott was committed; they tooke care to convey Otto and the negro off the Island after they had shott the Generall from behind a hedge through the arme in a moonlight night as he was comeing from Capt. Matthews's, the bullett had gone through his bodye had not his horse started at the flash, being very near. H.E. has gone through a great deale of torture, but now is more easy, the fractured bones beginning to worke out, and is in hopes he will not loose the use of his arme, though it was a large muskett ball that went through. Att the house of one Andrew Murray (one of the subscribers) near the place where the Generall was shott, I am informed by Mr. Duncan Dee jr., that there was tenn or a dozn of that faction by him seen come out of the said house after he left the Generall, he being with him at Capt. Matthews's, and it is believed they wayted there to heare the success of the shott; another thing which makes people believe the Parson had a hand in the designed murder is, that upon the news brought by the Diamond mann of warr, that your Lordshipps had made a report that it was but reasonable the Generall should be heard in answer to what they alledge against him in their articles, some of the Generall's friends (upon this) makes a coppy of verses, in the Generall's behalfe, which lashes the faction very home by exposeing their villany; and nailed them up at a publick door; the Parson writes at the bottom of the verses, in Latin, words to this effect, "Lett them rejoice at the conquest, for he wont enjoy it long." This was about a weeke before the Generall was shott. Signed, Michael Ayon. Endorsed, Recd. Dec. 28, 1709, Read Jan. 12, 170 9/10. Addressed. Sealed. 3 pp. [C.O. 152, 8. No. 45; and 153, 10. pp. 440–445.]
Sept. 22.
Whitehall.
742. Earl of Sunderland to the Council of Trade and Plantations. Captain Jones, Mr. Benjamin Way and Mr. Whitchurch having made proposals for setling some of the Palatines at Jamaica, you are to hear what these gentlemen have to offer, and report your opinion what agreement it will be proper for H.M. to make with them in order to the providing for these poor people in those parts. Signed, Sunderland. Endorsed, Recd. 22nd, Read 27th Sept. 1709. 1 p. [C.O. 137, 8. No. 48; and 138, 12. pp. 450, 451.]
Sept. 22.
Craven House.
743. Lords Proprietors of Carolina to Christopher Gale, Receiver General of North Carolina. You are to supply Christopher de Graffenried with such necessaries and provisions of ours for the poor Palatines (cf. Sept. 8) at such rates as you received them, taking and forwarding his receipt for same etc. Signed, Craven Palatin, Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 289. p. 231.]
Sept. 22.
Craven House.
744. Same to the Governor, or President and Council and Assembly, of North Carolina. We being extreamly desireous that the good of our Province should by all proper means be promoted, and being sencible that nothing can more effectually contribute thereto than by encreasing ye number of the inhabitants and planters, who by their labour and industry may occupy the soil and improve the produce thereof, we have therefore given all reasonable encouragemt. to some families of poor Palatines to come and settle amongst you, and have also given directions as preceding. We do earnestly recommend them to your care, Gentlemen, etc. P.S. We have received ye several pacquets of complaints from Col. Cary and Mr. Glover, etc., which disturbances we are very much dissatisfied with, being a great hindrance to ye settlemt. of that part of our Province, and a disadvantage as well to us as yourselves, and have given particular instructions to Governor Tynte, who is now gone over, for him to settle those disorders. Signed as preceding. [C.O. 5, 289. p. 232.]
[Sept. 23.]745. Merchants of Maryland to the Council of Trade and Plantations. Complain against 3 recent Acts of Maryland. (1) An Act for releif of poor debtors. It is evident this Law was made to surprize all the traders in Brittain who had launched out their estates in the support of the creditt of the planters, and being at such distance could not be able to discover ye frauds of such as should make over their negroes and estates, under cover to others, under pretence of country debts, as severall have been found to do, and their lawes allowes. Besides it's evident that by this Law the Country intends to sett themselves up at the cost and ruine of the merchants that have given them creditt, tho at the same time they ruine the future credit of the country. It is impossible to support the tobacco trade without credit; without it, the people must manufacture to cloath themselves. The cheif debates in the House of Burgesses was that they, ruining credit, might force the people to manufactures, which is in effect to destroy the Queen's Revenue. This Law supposes that he that shall swear he is not worth £5, besides his cloaths, etc., shall be discharged. This is to cutt off all the justice of Trade, and the honour that hath ever been given it at once. Because the merchants have given the Planters credit to buy negroes to cloath and support their families, not upon any known or supposed stock they had, but upon their justice and future crops, and this Law at once cutts out all merchants that have trusted them etc. And it is very remarkable how they pretend to extend their Law to all Brittain, and to the Traders there to whom only they are valuably in debt, without any man's being heard against the Law, etc. No such law as this, which so eminently concerns this Kingdome, ought to be made in any of the Plantations before it be considered here, where it hath its greatest efficacy. If such plantations have such power to destroy the credit and trade of Europe, it's most certain it gives them a power in time to dismember themselves from Brittain and ye dependance thereon which is a consideration to be well digested, etc. etc. (2) An Act for the lessning the costs and damages on Bills of Exchange, etc. By this Law any person who shall draw bills, are sure not to pay common interest for the money so drawn, etc. (3) An Act for Townes. In this Law they confine all H.M. subjects of Great Brittain to keep store with their goods imported thither in towns at present unbuilt, but reserve a liberty to the inhabitants of that province to keep store with their own goods in any part of the country. By this Law they enact that all the manufacturys of Great Brittain being once imported into Maryland, can't be exported again from thence, which if it can't be sold, must by this Law perish there, to the great discouragemt. of Trade and Navigation.
We humbly hope H.M. subjects of Europe may be supported alwayes on the same freedom and priviledges of trade with any the inhabitants of this or any other plantation whatever; there hath been severall Laws in this kind attempted, but have alwaies been thought unreasonable and rejected. Signed, Micajah Perry and nine others. Endorsed, Recd. Sept. 23, Read Oct. 17, 1709. 2 pp. [C.O. 5, 716. No. 67; and 5, 727. pp. 126–132.]
Sept. 24.
Office of Ordnance.
746. Board of Ordnance to the Council of Trade and Plantations. This Office for many years having been at an extrordinary expence in supplying the Plantations with Ordnance stores, for which no money has been paid by the plantations, nor any allowance made by parliamt., wee desire if any of the Plantations have at this time any occasion for stores, your Lordships will be pleased to make such early applications to H.M. in Councill that wee may receive H.M. pleasure for making a demand for the same to parliamt. by putting it into our estimates. Signed, C. Musgrave, Ja. Craggs. Endorsed, Recd. 24, Read 27th Sept. 1709. 1 p. [C.O. 323, 6. No. 86; and 324, 9. pp. 406, 407.]
Sept. 24.
Admiralty Office.
747. Mr. Burchett to W. Popple. Encloses opinion of Attorney and Solicitor General on pressing seamen at New Yorke, "by the Govermt. there for the use of H.M. shipps attending that Island" [sic]. Signed, J. Burchett. Endorsed, Recd. 24th, Read 27th Sept. 1709. ¾ p. Enclosed,
747. i. Extract of letter from Col. Ingoldesby, July 5, 1709. 1¼ pp.
747 ii., iii. Opinions of the Attorney General (Rayner) and Chief Justice (Mompesson) of New York touching the impressing of seamen, etc. July 3, 1709. Duplicate.
747. iv. Opinion of H.M. Attorney General thereupon. I concur with the opinion of Mr. Rayner, Attorney General of New York. Mr. Mompesson seems to me to mistake the point by talking of the dispensing power. The question is whether this Act does forbid ye Civill Magistrate from takeing up seamen for H.M. service, and I think it does not. Signed, Ja. Mountague. Sept. 15, 1709. 2½ pp.
747. v. Opinion of the Solicitor General on the clause in the Act for the encouragement of trade in America relating to pressing. This clause extends only to the officers of H.M. ships of war, who are apt to be irregular in the execution of this power, etc. It can't be imagin'd that it was design'd to take away a prerogative of the Crown, in which the common security of the Plantations is so much concern'd, by depriving the Governors of the power of providing the necessary men for H.M. ships of war, etc. Signed, R. Eyre. Sept. 17, 1709. 2 pp. [C.O. 5, 1049. Nos. 116–121; and 5, 1121. pp. 422–430.]
Sept. 25.
Barbados.
748. Governor Crowe to the Council of Trade and Plantations. Encloses duplicates and acknowledges letter of July 15. The Agents Act was by mistake of my Secretary left out of ye packet of March 2. It goes enclosed. Our men of warr has mett with nothing in their late cruise but an empty French sloope which they carried in and condemned at Antegua, and retaken an English one loaden with lumber from New England. I had no letters from the Secretary's Office by this packet: H.M. Orders for reinstating the three Councillours shall be immediatly obeyed, but I have not as yet seen said Order, nor any coppy thereof, they took all the depositions they had a mind for without leave, and have sent the same home. By Mr. Parke's fate, your Lordps. may perceive what it is to encourage these people against Government. Signed, M. Crowe. Endorsed, Recd. 2nd, Read 16th Feb. 170 9/10. 1 p. [C.O. 28, 13. No. 19; and 29, 12. p. 95.]
Sept. 25.
Barbados.
749. Same to Same. In this Minute, just as the packet's time is out and goeing under saile, Mr. Alexander Walker brought me H.M Order for reinstateing the 3 Councillours, which shall be immediatly obeyed. But I did not think it for H.M. service to detaine ye packet untill the Councill should be summoned, some of them living distant 18 miles from this place, which would occasion her detention at least 2 dayes. Signed and endorsed as preceding. ½ p. [C.O. 28, 13. No. 20; and 29, 12. p. 96.]
Sept. 26.
Windsor.
750. Order of Queen in Council. Upon Representation Sept. 6, relating to goods seized in Carolina belonging to Virginia Indian Traders, ordered as there proposed. Signed, Chris. Musgrave. Endorsed, Recd. 3rd, Read 4th Oct., 1709. 1¼ pp. [C.O. 5, 1316. No. 33; and 5, 1362. pp. 420, 421.]
Sept. 27.
Windsor.
751. The Queen to the Attorney or Solicitor General. Instructions to prepare a Commission for Robert Hunter to be Governor of New York. Countersigned, Sunderland. [C.O. 5, 210. p. 177.]
Sept. 28.
Charles Towne.
752. Nathaniel Sale to the Lords Proprietors of Carolina. We arrived Sept. 1st after a most tedious and dangerous voyage of 16 weeks from Gravesend. My comission for your Lordships Receiver General is received here in Councell and recorded the 19th of next month, Mr. Ashby, the late Receiver, is to make up his accots. before yr. Lordships Comissioners, and yn. is to deliver what is in cash, wch. as yett he cant tell me wt. it is, but by his last accott. wch. he settled and adjusted before ye sd Comissioners, Aug. 25th, there was but £172–1–7 due to yr. Lordships for ballance. I shall doe my utmost for yr. Lordships interest, but as there is no rent rowle nor any bookes kept in the Receiver's Office, it is att present in great confusion. Mr. Ashby affirms it never has been worth above £50 a year to him since he had ye place. Yr. Lordships were pleased to consent yt. Mr. Edwd. Hyrne, yr. Lordships' Naval Officer, should depute me his deputy here, but for want of an order from yr. Lordships yt. you did agree to it, Sr. Nathaniel Johnson being willing to keep Mr. Trot his friend in it as long as he can, will not admit me to act as deputy, so I humbly desire your Lordships to send over yr. order, without which, though Major Tynt does arrive who is sensible it was your Lordships' will and pleasure, yet as it is Mr. Saunders opinion yt. it not appearing in writing I must not act, and he may overperswade Major Tynt against it, 'tis a great disapointment to me, for there are more vessells comes in here in these 3 months following yn. in all the rest of the year.
Oct 15. The above is coppy of wt. I wrote via Antegoa; this goes by ye Blackermoor gally for Exon. Mr. Ashby is to settle his accotts. before yr. Lordships' Comissioners next meeting etc. I hear yr. Lordships gave a bill or order to Major Tynt for £270, the Major nor the bill does not yett appear, wn. it does yr. Lordship may depend I'le punctually pay it tho I advance the mony myselfe, but I must beg of yr. Lordships not to draw any more, for it cant be exspected I should pay mony before I receive it; there was but £172 in cash Aug. 25 (as above), and the Governor's and other officers' sallary are paid quarterly, besides £80 or thereabouts the charges of the sessions, wch. is next weeke, now yr. Lordships' Comissioners have orders yr. Lordships' Receiver Genl. to pay the charges of the sessions, wch. is twice a year, and comes to about £80 each sessions, it has been the custome so to doe, but I thought it my duty to acquaint yr. Lordsps. of it. Yr. Lordships were pleased to grant me the Register's place of conveyances and grants, but afterwards left it to Major Tynt yt. if it did not belong to the Secretary's Office, the Major should establish me in it, now I find by Mr. Saunders, the Attorney Genl., that he is to have the sd. Register's place, wch. is wt. I did not expect, and whereas the Receiver Genl.'s place is not worth above £50 a year, and indeed things are so dear here yt. it costs me £46.10. a yeare onely lodging and dyet, so I hope yr. Lordships will consider me some way or other etc. The Dunkley never came hither but went to Merryland, where landed the goods and passingers, one Mr. Mathews and Mr. Saunders nephew and two more are come hither by way of North Carolina, the rest are still in Merryland. Signed, Nathaniel Sale. 2½ pp. [C.O. 5, 382. No. 12.]
Sept. 29.
Whitehall.
753. Council of Trade and Plantations to the Earl of Sunderland. We have prepared the draughts of Instructions for Col. Hunter to be Governor of New York and New Jersey; but whereas therein is contained a clause, which relates to the pressing of seamen, upon which we have some doubt, we take leave to observe, that clauses (quoted) in the Act for the encouragement of the trade to America might be construed to extend to the taking away the power from the Governor of impressing seamen in all cases whatsoever. But as Mr. Attorney and Mr. Solicitor General have given a different opinion (Sept. 24), we enclosed copies thereof, that your Lordship may please to recieve H.M. pleasure, whether the said clause shall be continued in the Instructions, or not. 3 pp. Enclosed,
753. i.–vi. Duplicates of papers relating to above. Cf. Sept. 17th etc. [C.O. 5, 1049. Nos. 124, 124. i.–vi.; and (without enclosures) 5, 1121. pp. 431–433.]
Sept. 30.
Whitehall.
754. Mr. Popple to Capt. Jones and Mr. Whitchurch. By order of the Council of Trade and Plantations I am commanded to send you the inclosed heads of the letter read while you were with them yesterday, and thereupon I am to desire that you would please to consider of and give their Lordships an account of the quantities and qualities of the tools necessary for about 1,000 Palatines, men, women and children, to be sent to Jamaica, and the prices; an account of provisions for the subsisting of them there, at about 5d. per head, that is, for so many of them as shall not be upon deficiencies or otherwise provided for; an account of the cloathing necessary for them, as also of guns, powder and shot; and their Lordships further desire that you would give them an account of the charge of their freight and transportation, as also that you would give them a list of the names of the Proprietors of Lynch Island and the lands lying about it. I have desired Mr. John Heathcote, by their Lordships order, to be assistant to you. [C.O. 138, 12. pp. 453, 454.]
Sept. 30.
Bermuda.
755. Lt. Governor Bennett to Mr. Popple. Refers to letter of June 30. The Captains of the Forts have made up their accts. of stores to June 1st. But this sommer has been soe excessive hott (and by reason of my late illness) I could not endure the heat abroad, soe that I have not yet gone to the fortifications. But now the weather declines, I shall in a few days begin, and will in as short time as possible return a parfect state and condition of them, etc. Signed, B. Bennett. Endorsed, Recd. 5th, Read 12th Dec. 1709. Holograph. 1½ pp. [C.O. 37, 9. No. 3; and 38, 6. pp. 475, 476.]