Journal, May 1708: Journal Book M

Journal, May 1708

May 10. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Miscellanies.

A new Commission.

A new commission from her Majesty, dated the 4th instant [fo. 181], appointing the Earl of Stamford, Lord Dartmouth, Lord Herbert, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton and Sir Charles Turner, Commissioners for promoting the trade of Great Britain, and for inspecting and improving her Majesty's plantations in America, was read.

Newfoundland.

Letter from Mr. Secretary Boyle.

Address of the House of Commons about the fishery.

Letter to Mr. Campbell for what he has to offer against Major Lloyd.

A letter from Mr. Secretary Boyle, of the 3rd instant [fo. 142], referring to this Board the address from the House of Commons to her Majesty, of the 31st of March last, relating to the trade and fishery of Newfoundland, was read; whereupon order'd [fo. 98], that a letter be writ to Mr. Campbell, to remind him of the Secretary's letter of the 24th of March last, relating to articles upon which he does intend to charge Major Lloyd, commander of the garrison there, for any irregularities or misbehaviour by him committed, and to desire that he will let their lordships have the said articles with all possible dispatch.

Letter to Mr. Solicitor General for his opinion about breach of the Act to incourage the Newfoundland trade.

Upon consideration of the Act of Parliament past in the 10th and 11th years of his late Majesty's reign, entituled An Act to incourage the trade to Newfoundland, ordered [fo. 142] that a letter be writ to Mr. Solicitor General to desire his opinion, whether when anything is required to be done, or prohibited from being done, by Act of Parliament, and no penalty expressed in the Act, the breach of that Act is not punishable as a misdemeanor at common law.

Heads of a report on the said Address.

Then their lordships agreed upon several heads in order to the preparing the draught of a report to her Majesty upon the foresaid address.

Plantations General.

Circular letters for transmitting Acts about coin and trade to America.

The draught of a circular letter [fo. 138] to all the Governors of her Majesty's plantations, as also to the Proprietary and Charter Governments, for transmitting to them the two following Acts, past in the last sessions of Parliament, entituled An Act for ascertaining the rates of foreign coins in her Majesty's plantations in America, and An Act for the incouragement of the trade to America, was agreed, and ordered to be transcribed.

Newfoundland.

Copies of instructions to the Commander of the Garrison and Commodore.

Copies of her Majestys instructions to Major Lloyd, Commander of the fort and garrison at St. John's at Newfoundland, as likewise to the Commodore of the convoy for that year, dated the 11th of April, 1706, pursuant to a representation from this Board of the —— proposing that the said Major Lloyd do permit the said Commodore to inspect the stores and ammunition of war there, to examin the muster-roll, and to inquire whether the said Commander or any other officers &c., do by themselves or agents carry on any trade or commerce there &c., were read.

May 11. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney.

Trade.

Turkey merchants with several accounts relating to trade thither.

Several members of the Turkey Company attending [fo. 127], presented to their lordships the three following papers, vizt.:
Imports from Turkey.
An account of goods imported from Turkey by the Levant Company, from the year 1699 to the year 1707.
Exports.
An account of English woollen manufactures, tin and lead, exported by the Levant Company from the year 1699, to the year 1706.
Goods taken by the enemy.
An account of goods shipped in Turkey for Great Britain, which have been taken by the enemy, or lost at sea, from the year 1701, to the year 1705;
They are desired to lay their grievances before the Board.
which were read; and the said gentlemen were desired to give their lordships an account of the grievances they labour'd under in relation to their trade (if any), with what proposals they might have to offer for remedy thereof, which they promised to do accordingly.

New York.

Acts consider'd.

Report to be drawn.

Their lordships then proceeded upon the Acts of New York remaining to be reconsider'd, and went through the same, and gave directions for preparing the draught of a report [fo. 143], for laying several of the said Acts of New York before her Majesty.

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

Bermuda.

Memorial from Mr. Jones.

Offers for resigning his places.

A memorial from Mr. Jones, secretary and provost marshall of Bermuda, relating to the offers that have been made to him by Mr. Nodin for resigning his said places to the said Nodin's relation, was read; whereupon he was acquainted that, this being a matter not properly the business of this Board, no notice was taken thereof.

New Jersey.

Lord Lovelace.

List of persons to be of the Council.

Lord Lovelace, with several of the proprietors of New Jersey, attending, presented to the Board a list of persons' names to be members of her Majesty's Councill in the said province; but their lordships observing that the names of some of the present counsellors were left out of the said list, and desiring to know the reason thereof, these gentlemen promised to put their reasons into writing [fo. 150], and lay the same before their lordships.

Plantations General.

Copy of Mr. Blathwayt's patent for Auditor General.

A copy of a patent from King Charles the Second, dated the 19th of May, 1681, constituting and appointing Mr. Blathwayt Auditor General of the plantations in America, was read [fo. 113, Plantations General I, Bundle 55], and thereupon ordered [fo. 139], that Colonel Nicholson have notice to attend the Board on Friday or Monday morning next.

Plantations General.

Letter from Mr. Lownds referring Capt. Long's petition for reimbursement of charge in search of new discoveries.

A letter from Mr. Lowndes, of yesterday's date [fo. 140, 165], refering to this Board the petition of Captain Richard Long, setting forth that, in the reign of his late Majesty King William, he was sent in the ship Rupert prize to make discoveries on the coasts of America, not possessed by Europeans &c. praying that the summe of eighty pounds disburst by him in that service may be paid to him, was read; whereupon their lordships agreed to take the same into consideration on Monday morning next.

May 14. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

New York.

Reference from the Earl of Sunderland upon Mr. Rayner's petition praying for the place of Attorny General.

Papers relating to Mr. Broughton to be laid before the Board.

Mr. John Rayner attending [fo. 139], presented to their lordships a reference upon his petition to her Majesty from the Earl of Sunderland of the 10th instant, setting forth that Mr. Broughton two years ago was appointed Attorney and Advocate General of New York, contrary to the method required in such cased; that the Lord Cornbury, judging the said Broughton not of sufficient capacity for that trust [fo. 162], had put in Mr. Bigly (no barrister at law), who at present does officiate in those places, and praying that he may be appointed Attorney and Advocate General of the said province, in the room of the said Broughton, was read; as was also a certificate from several of the judges in her Majesty's Courts, that they do believe him to be well qualified to serve her Majesty in those stations. Mr. Rayner added that, as to the place of Advocate General, he did not insist upon it; but should rest satisfied if he could obtain that of Attorney General. Whereupon, their lordships gave directions that the former proceedings in relation to the said Broughton should be laid before them, in order to the preparing a report thereupon to her Majesty.

Plantations Generall.

Proprieties.

Circular letter with Acts of Parliament.

The circular letters to all the Governors [fo. 133] of her Majesty's plantations, as likewise to the Proprietary and Charter Governments, for transmitting to them two Acts past the last session of Parliament, entituled An Act for ascertaining the rates of foreign coins in her Majesty's plantations in America, and An Act for the incouragement of the trade to America (mentioned in the minutes of the 10th instant), were signed.

Maryland.

Laws under consideration.

Then their lordships took into consideration the collection of Maryland laws past in 1704 [N. fo. 312], and read 21 of the said laws.

Virginia.

Col. Nicolson about auditing revenue.

Colonel Nicholson attending according to appointment [fo. 136], and being asked several questions in what manner the accounts of her Majesty's revenue in Virginia was audited, he said that the accounts of all quit-rents and other the settled revenue of the Crown were transmitted hither to Mr. Blathwayt, Auditor General of the plantations, and that the Assembly there had, by an instruction from hence, a permission to inspect the accounts of such moneys as were given by them for the use of the respective Governments. Whereupon ordered that the said instruction be laid before the Board on Monday morning.

May 17. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

New York.

Rayner's petition to be Attorny General.

Mr. Lodwick summon'd.

Upon consideration of the petition of Mr. Rayner [fo. 137], praying to be made Mr. Attorney General of New York (mention'd in the minutes of the 14th instant); ordered [fo. 144] that Mr. Lodwick have notice to attend the Board to-morrow morning.

Plantations General.

Capt. Long about his petition.

Captain Long attending, his petition referred to this Board by Mr. Lowndes's letter of the 11th instant (mentioned in the minutes of the 12th ditto) [fo. 136], was again read, and the said Captain being asked what proof he had to the allegations in his petition, he produced the four following papers, vizt.:
Papers proving the allegations thereof.
A commission from the Commissioners of the Admiralty, dated the 4th of December, 1697, appointing him Captain of the ship Rupert prize.
An order from the said Commissioners, dated the 25th of April, 1698, directing him to follow such orders as he should receive from time to time from his late Majesty for his proceeding with the said ship.
A letter from Mr. Secretary Vernon to the said Captain Long, inclosing his said late Majesty's instructions, directing him to sail forthwith to America to make discoveries of gold mines, wrecks &c., in such places where the same were likely to be found &c., dated the 30th of April, 1698.
Another letter from Mr. Secretary Vernon to the said Captain inclosing to him an additional instruction to that abovementioned, dated the 17th May, 1698;
which papers were read; and it appearing by the said instructions that the said Captain had made a contract with the Commissioners of the Treasury in the year 1698 [fo. 162], he was desired to bring a copy thereof, as likewise of his journal of that voyage.

His proceedings in America.

He further produced to their lordships a commission from the Navy Office, dated the 15th of May, 1701, appointing him master of the Lewis hulk, which was read; and being asked several questions, he said that when he was at Darien in the Rupert prize, he was informed by the Indians that there were gold mines near the place where he was, which he might have surprized and taken, but hearing that the Spanish Barlevento fleet was on the coast, he did not attempt it, but came back to England. Upon his return, which was about the time of the death of the King of Spain, he made proposals for an expedition to the said gold mines, but his proposals were not accepted. That he acquainted Admiral Benbow with his knowledge of the Darien coast, and of the account he had had of the said mines. Whereupon Admiral Benbow, when he went to the West Indies, obtained for the said Long the commission for the Lewis hulk above-mentioned; that he did stay at Jamaica till his return, which was about two years ago; that whilst he was at Jamaica he saw some of the gold taken from the said mines by some Jamaica privateers that went up thither; that about six years ago he gave in his account, of what he had expended in his first expedition, into the Treasury, which accounts are not at present to be found; but that he would make an affidavit [fo. 162] that he had really laid out the 80l., as set forth in his petition.

Newfoundland.

Mr. Solicitor General's report about breaches of the Acts relating to Newfoundland.

Draught of representation upon address of House of Commons.

Mr. Solicitor General's report, in answer to the letter writ him the 10th instant [fo. 132], relating to breaches of the Acts for regulating the trade and fishery of Newfoundland, was read; and the draught of a representation [fo. 149] upon Mr. Secretary Boyle's letter of the 3[r]d instant, referring to this Board an address from the House of Commons to her Majesty [fo. 132], relating to the trade and fishery of Newfoundland (mentioned in the minutes of the 10th ditto), was agreed, and ordered to be transcribed.

May 18. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

New York.

Draught of representation on Acts.

The draught of a representation for repealing one Act, and for confirming several others past at New York, from the year 1691 to 1705 [fo. 135, 149], as directed in the minutes of the 11th instant, was agreed, and ordered to be transcribed.

Trade.

Letter from Mr. Secretary Boyle.

Convoys for ships of Bremen.

A letter from Mr. Secretary Boyle, of the 14th instant [fo. 322], referring to this Board several papers relating to English convoys being appointed for the ships of Bremen, was read, as were likewise the seven following papers referr'd to therein, vizt.:
Papers relating thereto.
No. 1. Extract of a letter from Mr. Wych to the Secretary Boyle, dated the 15th instant, with the following letter.
No. 2. Copy of a letter from the Secretary of the English Company at Hamburg to the said Mr. Wych, dated the 15th instant.
No. 3. Copy of a letter from Mr. Secretary Boyle to his Royal Highness the Lord High Admiral's Councill, dated the 3rd of March, 170⁷/8.
No. 4. Translation of a letter from the City of Bremen to her Majesty, dated the 15th of December, 1707.
No. 5. Copy of a letter from Mr. Secretary Boyle to Baron Schutz, Envoy Extraordinary from the Elector of Hannover, dated the 8th of April, 1708.
No. 6. Copy of a letter from Mr. Burchet, Secretary to his Royal Highness the Lord High Admiral, to Mr. Secretary Boyle, dated the 7th of April, 1708.
No. 7. Copy of her Majesty's answer to the above letter from the city of Bremen, dated the 25th of April, 1708.

Letter to the Hamburgh Company to attend.

Ordered that a letter be writ to the Governour or Deputy Governour of the Hamburgh Company [fo. 145], to acquaint them that their lordships desire to speak with them, or any other gentlemen concerned in that trade, on Thursday morning next.

New York.

Mr. Lodwick about Mr. Broughton's being Attorney General there.

Mr. Lund to attend.

Mr. Lodwick attending [fo. 140], according to appointment, and being asked what he knew about Mr. Broughton's being Attorney General of New York, he said that Mr. Broughton had been appointed to that place by her Majesty's warrant, but that he had heard the Lord Cornbury refused to let him act, upon pretence of inability, and had put in one Bigly to officiate for him; that this had been complained of to her Majesty by Mr. Lund, a relation of Mr. Broughton's. Whereupon their lordships desired that Mr. Lodwick would acquaint the said Lund [fo. 147] that they would speak with him to-morrow morning concerning this matter.

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

Trade.

Letter from Mr. Gore, Treasurer of the Hamburgh Company.

Convoys for ships of the Bremen.

A letter from Mr. Gore, treasurer to the Hamburg Company [fo. 144], in answer to one writ him yesterday, relating to convoys being appointed for ships of Bremen, was read, signifying that he will lay the said letter before the Committee at their next meeting, there being no Governor as yet chosen since the death of Sir William Gore, and that when a letter received from their Company residing at Hamburg upon the same subject has been read by the said Committee, they will attend this Board; whereupon ordered that the following queries be sent to the said Company [fo. 168, 310], and that they be desired to return answers thereto in writing on Fryday, the 28th instant.
Queries for the Hamburgh Company.
No. 1. Wherein lyes the difficulty of men-of-war going to the mouth of the river Weser?
No. 2. Will the convoy by going thither deviate from its usual course to and from the Elbe, and to what degree?
No. 3. What have been the annual exports and imports of the Company between this kingdom and Hambourg, during the late and present wars, particularly as to the exports of our woollen manufactures?
No. 4. Since what time has the Company's trade began to decline, to what degree, and for what other reasons, than the common accidents of war?
No. 5. How much of that trade has been lost by the city of Hamburg, and gained to the city of Bremen, and by what means?
No. 6. Can you compute what have been the annual exports and imports to and from Bremen, and wherein has that trade chiefly consisted for some years past?
No. 7. What are the contracts or stipulations between the Company and the city of Hamburgh, for settling the staple there?
No. 8. What priviledges have been granted to and enjoyed by the Company since those that were printed and delivered to the House of Commons in 1699?
No. 9. What grievances or hardships does the Company lye under at present from that city or otherwise, in relation to their trade, and what methods can you propose for the redress thereof?
No. 10. If the bare allowing a convoy in time of war to the merchants of Bremen may be destructive to the Hamburgh Company, how will the case be in relation to those trades, in time of peace, when there will be no want of a convoy?

New York.

Mr. Lund about Mr. Broughton's being Attorney General there.

Minute of Councill relating to causes in the Supreme Court.

Order of Council upon Mr. Broughton's petition.

Minute of Council of New York upon a petition from Mr. Broughton to the Lord Cornbury &c.

Mr. Lund attending [fo. 145], and being asked several questions in relation to Mr. Broughton, he said that upon the death of the said Broughton's father, he obtained a warrant from her Majesty, dated the 18th of June, in the fourth year of her Majesty's reign, appointing him Attorney General of New York, in the room of his said father; but that the Lord Cornbury refused to admit him, alledging for reason (but not communicating anything to this Board) that there were many actions then depending at her Majesty's suit in the Supream Court in that province, as appear'd by a minute of Councill of that province of the 22nd of August, 1706, which Mr. Lund presented to the Board; as also an Order of Councill of the 23rd of June, 1707, referring to their lordships a petition from the said Broughton to her Majesty [fo. 174, 219], praying to be restored to the exercise of his office, which reference Mr. Lund said he knew nothing of till about three weeks ago, at which time he took it out of the Councill Office: he further communicated to their lordships another minute of Councill of New York, dated the 26th of June, 1707, whereby it appears that upon reading a petition of Mr. Broughton's to the Lord Cornbury, praying that he would grant him her Majesty's letters patent under the seal of the province for the office of Attorney General, pursuant to her Majesty's letter for that purpose, his lordship had acquainted the Councill that he had thereupon writ to a Secretary of State, and to this Board, concerning the said Broughton, but neither of the foresaid minutes of Councill of New York were received from his lordship, nor his letter above-mentioned. Then their lordships desired that Mr. Lund would procure a certificate from the Treasurer of the Middle Temple [fo. 150], that the said Broughton had been called to that Bar, and practiced as a barrister at law, which he promised to do accordingly.

Newfoundland.

Representation upon address of the House of Commons.

Letter to Mr. Secretary Boyle.

A representation upon an address of the House of Commons of 31st of March last to her Majesty [fo. 142, 159], relating to the trade and fishery of Newfoundland (mention'd in the minutes of the 17th instant), together with a letter to Mr. Secretary Boyle, inclosing the same, were signed.

New York.

Representation on Acts.

Letter to the Earl of Sunderland.

Another representation for repealing one Act [fo. 143, 159], and for confirming several others past at New York (mentioned in yesterday's minutes), together with a letter to the Earl of Sunderland inclosing the same, were signed.

New Jersey.

Proprietors' objections against some of the Council.

Affidavits against Revel and Leeds.

The Lord Lovelace attending, with several of the proprietors of New Jersey, the said proprietors presented to their lordships their objections against continuing some of the members of the present Councill of that province [fo. 136, vide infra], in the instructions to be given the Lord Lovelace for that government, which were read; they likewise presented to the Board the affidavits of George Ingoldsby and John Hamilton [fo. 153], to make good their foresaid objections, relating to Thomas Revel and Daniel Leeds, which were also read.

May 20. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

New York.

Mr. Lund about Mr. Broughton's being called to the Barr.

Mr. Lund attending [fo. 149, 171], acquainted their lordships that he had searched the register of the Middle Temple, and that he found therein that Mr. Broughton was called to the Bar in November, 1700.

New Jersey.

Proprietors' objections against some of the Council.

Then their lordships took into consideration the objections of the proprietors of New Jersey [vide supra] against some members of the present Council of that province being continued therein, and read the following papers, vizt.:
Papers formerly delivered on the same subject.
A memorial from several of the proprietors of New Jersey, objecting against Mr. Sonmans and Mr. Cox's being constituted members of the Councill there, which had been read at this Board the 27th January, 170¾.
Mr. Dockwra, Mr. Cox and Mr. Sonmans' answer to the foresaid memorial, read also the 14th February, 170¾.
A memorial from the proprietors of East New Jersey, praying that their agent Mr. Sonmans may be constituted a member of the Council in that province, read the 24th April, 1706.

And Mr. Dockwra not attending as had been desired, their lordships defer'd the further consideration of this matter to another time.

May 21. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

New York.

Letter from Mr. Lowndes.

Charge of transporting and utinsils for several Lutherans from Germany.

Col. Nicholson &c. summon'd.

A letter from Mr. Lownds [fo. 212], desiring this Board to cause an estimate to be made of how much money is necessary to be furnish'd towards the transportation of the evangelical minister and other poor Lutherans into her Majesty's province of New York [fo. 126, 193], as also for furnishing them with tools for agriculture &c., was read; and thereupon ordered [fo. 157] that Colonel Nicholson, Mr. Perry and Mr. Lodwick have notice to attend the Board on Thursday morning next.

Copy of an Order of Council on the representation about the said Lutherans.

Copy of an Order of Councill of the tenth instant, upon a representation of the 28th of the last month [fo. 126; N. fo. 187], relating to the said Lutherans, approving that part of the said representation touching their being supplied with tools for agriculture &c. [fo. 157], recommending the same to the Lord Treasurer, was read.

Another Order on the same representation about their denization.

Another Order of Council of the same date of the foregoing [fo. 126], upon the said representation, approving that part thereof, relating to their being made denizens of this kingdom, and referring the same to the Earl of Sunderland, to prepare a warrant for her Majesty's royal signature, directing Mr. Solicitor General to prepare a bill in order to pass the Great Seal for making the said Lutherans free denizans accordingly, was read.

New Jersey.

Mr. Dockwra in relation to the Proprietors' objections against some of the Council.

Mr. Dockwra attending, and being acquainted that there had been objections laid before their lordships against the continuing of Thomas Revell, Daniel Leeds, Daniel Cox, and Peter Sonmans in the Council of New Jersey [fo. 150, 156], and being asked if he had anything to offer in relation thereunto, he said that, as to the two first, he knew them not, they being counsellors for the Western division, and therefore had nothing to offer on their account; but, as for Mr. Cox, he thought him very well qualified to serve her Majesty in that station, having a very great interest in West Jersey, and was a man of good parts and understanding, and well affected to her Majesty's Government; as for Mr. Sonmans [fo. 169], (he said that) he had a better interest than any two of the proprietors, having in himself above four shares or proprieties, and that he was a very honest and sensible man, and so esteemed by the proprietors of the Eastern division, they having made choice of him to be their agent there. Then Mr. Dockwra being asked some questions in relation to the method of appointing the said Sonmans agent, he said that the Eastern division is divided into 24 proprieties which may be computed at 13,000 acres each propriety; that at first these 24 proprietors were appointed to manage all affairs relating to that province, but that method being found impracticable by reason of the impossibility of getting the proprietors together, some of them living here and others in New Jersey, the majority of those proprietors appointed a committee of nine or seven to transact business here, but it proving also difficult to get that number to meet together, the majority of them appointed another Committee of five, though they seldom acted under six, except in cases that required extraordinary dispatch, and then Mr. Dockwra was impowered by the said committee to act in their names; that Mr. Sonmans was chosen and his commission and instructions signed by six of the said Committee, vizt.: Mr. Penn, John Haddon, Thomas Barker, Thomas Cooper, Clement Plumstead, and by him the said Mr. Dockwra.

Proceedings of the Committee of Proprietors.

Mr. Sonman's commission and instructions.

Then Mr. Dockwra being desired to let their lordships have a sight of their books, in which are entred the proceedings of the said Committee, as also of Mr. Sonmans' commission and instructions [fo. 170], he promised to bring the same to their lordships on Thursday morning next.

Letter to Mr. Penn for account of Revel and Leeds.

Ordered that a letter be writ to Mr. Penn [vide infra], to desire to know if he can give their lordships any account of the foresaid Thomas Revel and Daniel Leeds.

May 27. Present:—Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

New Jersey.

Letter from Mr. Penn about Revel and Leeds Mr. Keeble's character of them.

A letter from Mr. Pen of the 26th, in answer to one writ him the 21st instant [vide supra], signifying that he thought it for the advantage of New Jersey that Thomas Revel and Daniel Leeds be left out of the Councill of that province, and referring to Mr. Keble for a further account of them, was read; and the said Keble attending at the same time, he was asked what he knew concerning the said Revel and Leeds [fo. 153, vide infra]; whereupon he said that Revel was a judge in the province, but was very partial, and, when it was to serve his party, would determine matters contrary to justice; that he and Leeds were both concerned with the Lord Cornbury in his arbitrary proceedings, particularly in the misapplication of money given by the Assembly for publick uses.

Memorial from Mr. Keble about a manufacture of pot-ashes.

Then the said Keble presented to their lordships a memorial [fo. 237], proposing to set up a manufacture of pot-ashes in New Jersey, if her Majesty were pleased to grant him a patent for the salt pans in that province, and a summe of money to enable him to carry on the work, which was read; and their lordships agreed to take the same into consideration the first opportunity.

Affidavits against Revel and Leeds considered.

Counsellors for New Jersey agreed on.

Then their lordships read the affidavits of John Hamilton and George Ingoldsby against the foresaid Revell and Leeds [vide supra], presented to their lordships by Sir Thomas Lane and the other proprietors the 19th instant; whereupon their lordships agreed to leave the said Revel and Leeds out of the Lord Lovelace's instructions for New Jersey, and to insert the names of Hugh Hoddy, William Hall, and John Harrison, to fill up the vacancys in that Councill.

New York.

Col. Nicholson, Col. Lodwick &c. attending with several German Lutherans to be sent to New York.

Colonel Nicholson, Colonel Lodwick and Mr. Perry attending [fo. 152], with the Lutherans intended to be sent to New York, and the said Lutherans being asked what settlement they intended to make there, they said that their desire was to settle in a township and to live altogether; whereupon Colonel Nicholson, Colonel Lodwick and Mr. Perry were desired to make a calculation of the tools &c. necessary for them [fo. 152, 180], as also of the charge of their transportation, together with what may be fitting to allow them for a year's subsistence there, which they promised to do accordingly. The said Lutherans also promised to lay before their lordships a list of what tools they thought necessary to inable them to make a settlement at New York; and they acquainted their lordships that there were 14 more Protestants arrived from Germany, who were desirous of being in like manner transported to New York. Whereupon they were ordered [vide infra] to lay before their lordships the names, ages and qualifications of the said persons.

Plantations General.

Letter from Mr. Dummer.

A letter from Mr. Dummer, dated yesterday, with account of the course of the Frankland packet boat to and from the West Indies, and relating to the French squadron there, the galleons, trade from Jamaica to the Spanish coast, &c., was read.

May 28. Present:—Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

New York.

List of 14 persons from Germany desiring to go to New York.

Mr. Kocherthal, the Lutheran minister, presented to their lordships a list of the names, ages and qualifications of the 14 persons lately arrived from Germany, vizt.: twelve out of the Palatinat, and two out of Holstein [vide supra, fo. 184, 219], which was read.

Newfoundland.

Order of Councill on the representation of 19th instant.

Commission and instructions for the Commodore, and letter from her Majesty to Major Lloyd.

An Order of Councill of the 20th, upon a representation of the 19th instant, relating to Newfoundland [fo. 149], approving the said representation, and directing this Board to prepare a commission for the Commodore [fo. 161] to command the forts and garrison during his stay at Newfoundland, as also instructions for the said Commodore [ibid.], and a letter for her Majesty's signature to Major Lloyd [ibid.], disapproving his late proceedings, as set forth in the said representation, was read, and thereupon orders given for preparing the said commission, instructions and letter accordingly.

New York.

Order on representation approving 20 Acts.

An Order of Council of the 20th, upon a representation of the 19th instant [fo. 149], upon the laws of New York, approving twenty of the said laws, was read.

Order repealing an Act.

Another Order of Councill of the same date upon the same representation [ibid.], repealing An Act for restraining and punishing pirates, was read.

New York.

New Jersey.

Representation with Lord Lovelace's instructions.

A representation for laying before her Majesty the draughts of instructions to the Lord Lovelace for the Governments of New York and New Jersey [fo. 112, 162], was agreed and ordered to be transcribed.

Trade.

Letters to Ministers at Denmark and Sweden.

The draughts of letters to her Majesty's Ministers in Denmark and Sweden [fo. 163], relating to our trade to those parts, were agreed and ordered to be transcribed.

Order of Council with account of exports by the East India Company.

An Order of Councill of the 10th instant, transmitting to the Board an account of the several goods of the product and manufacture of this kingdom, as also of other goods and merchandizes exported from the port of London by the East India Company, between April, 1707, and April, 1708, was read; whereupon their lordships agreed to examine the same with the former accounts and with the Act of Parliament relating to the East India Company at the first convenient opportunity.

May 31. Present:—Earl of Stamford, Lord Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.

Newfoundland.

The secretary laid before the Board the following papers, vizt.:
Draught of a Commission for the Commodore to comand at land.
The draught of a commission for Peter Chamberlain, esq., Commodore of the Newfoundland convoy [fo. 159], to take upon him the chief command and direction of the forts and soldiers during his stay there, and to inspect the state of the said forts, provisions, ammunition and other stores of all sorts &c.
His instructions.
The draught of an instruction to the said Commodore [fo. 159], for the better putting in execution of the Act of Parliament for redressing and punishing the several abuses practised by the masters of ships, and others in those parts, contrary to the said Act.
Draught of her Majesty's letter to Major Lloyd.
The draught of a letter for her Majesty's royal signature to Major Lloyd [fo. 159], commander of the garrison at St. John's, in Newfoundland, signifying her disallowance of his proceedings in his said command;
which were agreed; and a letter to the Earl of Sunderland, inclosing the same, was signed.

New York.

Memorial from Mr. Rayner touching Mr. Broughton's inability to act as Attorney General.

A memorial from Mr. John Rayner, desiring that he may be admitted to offer proofs to make good the allegations in his petition (mentioned in the minutes of the 12th instant), touching Mr. Broughton's inability to act as Attorney General of New York [fo. 137, 169], was read; whereupon ordered that the said Mr. Rayner be acquainted that their lordships are ready to receive any proof he shall make upon that matter.

New York.

New Jersey.

Letter to the Earl of Sunderland Lord Lovelace's instructions.

A letter to the Earl of Sunderland [fo. 159, 257], inclosing the draughts of instructions to the Lord Lovelace for the Government of her Majesty's provinces of New York and New Jersey, was signed.