America and West Indies
July 1708, 11-20

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Institute of Historical Research

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Cecil Headlam (editor)

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1922

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33-40

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'America and West Indies: July 1708, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 24: 1708-1709 (1922), pp. 33-40. URL: http://british-history.ac.uk/report.aspx?compid=73783 Date accessed: 22 October 2014.


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Contents

July 1708, 11-20

July 11.
Windsor.
34. Two Orders of Queen in Council, appointing Councillors for Nevis and St. Kitts, as proposed July 1. q.v. Signed, Wm. Blathwayt. Endorsed, Recd. 16th, Read 19th Nov. 1708. 2 pp. [C.O. 152, 7. Nos. 62, 63; and 153, 10. pp. 216–219.]
July 11.
Windsor.
35. Order of Queen in Council. John Rayner is to be appointed Attorney General of New York in place of Sampson Broughton etc. Signed, Wm. Blathwayt. Endorsed, Recd. Read Aug. 23, 1708, 1¼ pp. [C.O. 5, 1049. No. 93; and 5, 1121. p. 324.]
July 12.
Windsor.
36. H.M. Warrant to Governor Lord Lovelace for the appointment of John Rayner as Attorney General of New York etc. Countersigned, Sunderland. Endorsed, Recd. Read July 30, 1708 Copy. 1 p. [C.O. 5, 1049. No. 89; and 5, 1121. pp. 314, 315; and 5, 210. pp. 107, 108.]
July 13.
Whitehall.
37. Council of Trade and Plantations to the Earl of Sunderland. Enclose Representation, recommending Capt. Gookin (July 8), to be laid before H.M., "not knowing when there will be a Council, and that the said Gookin may not lose the opportunity of transporting himself to Pensylvania, with the Lord Lovelace, who is on his departure for New York" etc. [C.O. 5, 1292. p. 67.]
July 13.
Whitehall.
38. Council of Trade and Plantations to Mr. Secretary Boyle. Reply to July 4. We find no precedent of a salary being settled here upon foreign clergymen in the Plantations, only that at New York the French Minister there has a salary of £20 out of the Revenue. But as the said Kocherthal is very poor and the Lutherans, who go over with him, are not in a condition to make him any allowance, we humbly offer that Lord Lovelace have directions to grant him a reasonable portion of land for a glebe etc., and that he be allowed £20 for his voyage etc. Set out, New York Docs. v. pp. 62, 63. q.v. [C.O. 5, 1121. pp. 303, 304.]
July 13.39. Mr. Solicitor General to the Council of Trade and Plantations. Reply to June 11. In answer to the first quaere, my humble opinion is, that since the Statute of the 15th of Charles II does expressly require all Masters of ships coming to the Plantations to make known their arrivall, and give in an inventory of their goods to the Governor there or such officer as shall be by him thereunto authorized and appointed, before any goods be unladen, that the appointment of this Officer, who is now called the Navall Officer, does solely belong to the Governor of such Plantations; and therefore if the Crown constitute a person to execute this office, and the Governor appoint another person; I think all Masters of ships will be oblidged to apply to the Navall Officer appointed by the Governor; and the patentee will not be in such case impowered to doe the things required by such Officer mentioned in the said Act of Parliamt. (2) I hold consequently that the said office can never be said to be full by vertue of Letters Patents from the Crowne. (3) I don't think the present Governor can be said to have dispossessed Mr. Cox of the said office by appointing a Navall Officer; because if Mr. Cox was not appointed by the Governor, he never was the Officer mentioned in the Act of Parliament, who is described to be one that is authorized and appointed by the Governor; but in regard the Governors of the Plantations are put in by the Crown only during pleasure, I take it for granted no one will make any difficulty in appointing such Navall Officer as the Crown shall best approve of. Signed, Jas. Mountague. Endorsed, Recd. 10th, Read 20th Aug., 1708. Addressed. 3 pp. Enclosed,
39. i. Copy of June 11, 1708. C.S.P. No. 1539.
39. ii.–v. Copies of clauses in Acts of Parliament, for the encouragement of Trade, etc., and the preventing frauds, etc., and in Governor Crowe's Instructions. 9 pp. [C.O. 28, 11. Nos. 12, 12.i.–v.; and (without enclosures) 29, 11. pp. 293–296.]
July 13.
Whitehall.
40. Council of Trade and Plantations to the Earl of Sunderland. Reply to letter of July 6. Refer to Order in Council concerning Seals May 31, 1702 (C.S.P. 1702. No. 555). Pursuant to the said Order Mr. Harris, then Seal-cutter to H.M., frequently attended this Board in order to make the proper alterations, and as it will be necessary that the present sealcutter do attend us from time to time, we offer that he may have a general warrant for preparing Seals for H.M. Provinces of New Hampshire, the Massachusets Bay, New York, New Jersey, Maryland, Virginia, Jamaica, Barbados, the Leeward Islands, and Bermuda, pursuant to the directions he shall receive from H.M. Commissrs. of Trade and Plantations in that behalf. [C.O. 324, 9. p. 219.]
July 13.
Whitehall.
41. Circular Letter from the Council of Trade and Plantations to the Governors and the Proprietors of the Plantations. We inclose an additional Instruction in pursuance of several Acts past here, relating to Trade and Navigation, [see June 29, 1708]; and you are to take care and give the necessary directions that the true intent and meaning of the said Instruction be punctually and duly complied with in your Government. [C.O. 324, 9. p. 220.]
[July 14.]42. Receipts by Mr. Popple and Mr. Kocherthal for £100 for the use of the German Refugees June 4-July 24. Cf. May 10, 1708. Signed, Wm. Popple, Joshua de Kocherthall, San Jacob Plattell. 1 p. [C.O. 5, 1049. No. 81.]
July 15
Whitehall.
43. W. Popple to W. Lowndes. Report upon the proposals of John Keble (see July 7), to be laid before the Lord High Treasurer. Their Lordships are of opinion that pott-ashes being a commodity so absolutely necessary here, the setting up of pott-ash works in the Plantations will be of very great advantage to this Kingdom, besides the particular advantage it will be to H.M. in her Revenue of the Customs; and therefore such a work ought to be incouraged as much as may be; for the returns for the American pott-ashes will be made in the woolen and other manufactures of this Kingdom; whereas at present all the pott-ashes we have from the Czar of Muscovy's Dominions are paid for two-thirds in mony and but one third in goods, which is a great disadvantage in our trade. Recommend that credit be given to Keble for £200 upon security, etc. and that he be allowed the transportation of 16 servants at £5 per head. As to his patent for making of salt, their Lordships have nothing to offer, till they receive the certificates he has promised. Set out, New Jersey Archives 1st ser. iii. 347. [C.O. 5, 994. pp. 459–462.]
[July 15.]
Kensington.
44. H.M. Licence to Francis Collins to cut timber in New England in pursuance of his contract to load three ships per annum with masts for the Navy, for five years. May 31, 1707. Countersigned, Godolphin. Endorsed, Recd. Read July 15, 1708. 1¾ pp. [C.O. 5, 864. No. 230.]
July 15.
London.
45. List of guns and stores wanting at New Hampshire. Signed, Geo. Vaughan. Endorsed, Recd. Read July 15, 1708. 1½ pp [C.O. 5, 864. No. 229.]
July 15.
Whitehall.
46. Council of Trade and Plantations to the Earl of Sunderland. Report upon petition of Mathew Newnam (cf June 27, 1707.) Wee find that he has been guilty of threatening and abuseing of the Governor, Judges and Justices of the Peace, in Bermuda, in a very gross manner, and that he has been a frequent disturber of the peace there; and we pray your Lordship to represent to H.M. our humble opinion that notwithstanding the said Newnam's behaviour, the bail in £500 demanded of him for his appearance, and the fine of £100 imposed on him considering his circumstances, are both of them excessive, and contrary to the Bill of Rights. And we further humbly offer that in regard the petitioner has now lain in prison near upon two years, which may be a sufficient punishment for his crime, H.M. be pleased to extend her mercy to him by remitting his said fine, and by directing the Governor to release him out of gaol, upon condition that the petitioner either depart the Island within a reasonable time, or that he give sufficient security for his future good behaviour, himself to be bound in £100, with two suerties in £50 each. [C.O. 38, 6. pp. 413–415.]
July 15.
Whitehall.
47. W. Popple to Josiah Burchett. Encloses 30 copies of H.M. Proclamation, June 26, to be dispersed and published by Capt. Chamberlain, H.M.S. Advice, in the Harbours of Newfoundland etc. [C.O. 195, 5. pp. 57, 58.]
July 16.
Admiralty. Office.
48. J. Fawler to W. Popple. Reply to preceding. The necessary instructions are given to Capt. Chamberlain, etc. Signed, J. Fawler. Endorsed, Recd. Read July 19, 1708. Addressed. ¾ p. [C.O. 194, 4. No. 72; and 195, 5. p. 58.]
July 16.
Customhouse.
49. Mr. Carkesse to Mr. Popple. Encloses following Signed, Cha. Carkesse. Endorsed, Recd. Read July 19, 1708. Addressed. ½ p. Enclosed,
49. i. The Collector of Cowes to the Council of Trade and Plantations. July 12. We have not here any ships employed in the Fishery at Newfoundland. Signed, Tho. Cole etc. ½ p. [C.O. 194, 4. Nos. 73, 73.i.]
July 17.
Windsor.
50. Royal Warrant to John Roos for making new seals for the Plantations in America, etc.; as proposed July 13. Countersigned, Sunderland. Endorsed, Recd. Read Aug. 3, 1708. 1 p. [C.O. 323, 6. No. 67; and 5, 751. No. 76; and 324, 9. p. 248.]
July 19.
Whitehall.
51. W. Popple to W. Lowndes. Encloses copy of Mr. Byerley's letter of Dec. 13, 1707, for the Lord High Treasurer's directions thereupon. [C.O. 5, 1121. p. 308.]
July 19.
Whitehall.
52. W. Popple to Thomas Byerley. Acquaints him with above procedure. Lord Lovelace is now on his departure, and will no doubt put an end to the hardships you complain of, etc. [C.O. 5, 1121. pp. 308, 309.]
July 19.
Windsor.
53. The Earl of Sunderland to Governor Handasyd. Recommends the bearer, Don Pietro Marino Sermain, going to the Spanish West Indies with intention to do service there to his lawfull King Charles III, and to the common cause, etc. Signed, Sunderland. [C.O. 5, 210. p. 113.]
July 19.
Whitehall.
54. Council of Trade and Plantations to the Earl of Sunderland. Mr. Vaughan, Agent for New Hampshire, having laid before us a Memorial of the state of that Province, and acquainted us that he has presented to H.M. by your Lordship some Addresses relating among other things to their want of stores of war, we take leave to acquaint your Lordship that the circumstances of that Province are such as do require a speedy supply, and therefore we desire your Lordship would receive H.M. pleasure upon the said Addresses as soon as conveniently may be. [C.O. 5, 912. p. 462.]
July 20.
Whitehall.
55. W. Popple to Wm. Lownds. Encloses extract of Governor Dudley's letter relating to the commissions of the Collector and Comptroller of Customs at Boston, for the Lord High Treasurer's directions thereupon. [C.O. 5, 912. p. 480.]
July 20.
Jamaica.
56. Governor Handasyd to the Council of Trade and Plantations. I am to own the receipt of your Lops. of Jan. 29, March 25 and Aprill 15. As to the 6 cruizing ffrigots, my meaning is 6 very good sailers, 3 of which I would always have out, 2 of them to cruize to windward to keep the coast clear, the other to be with the trading vessells either at Porto Bell or Carthagene; and the other 3 to lie ready carrened in harbour to go out upon their return, the least of them I think ought to be from 40 odd to 50 guns: This will keep the coast clear of French traders, they being seldom strong enough to do such a Force any damage, and when they are, we may depend on our sailing. I dare not venture to give your Lops. my opinion what ships are necessary to guard the Island, or convoy the trade from Great Britain here, and from hence back, for fear any accident should happen contrary to my expectation, but must leave that to your Lops. and people of better judgment than myselfe, who know better what the Enemy are doing in Europe than I can here. As to the Councellors, I can say no more than that it has been a custom for the Councill to have the same priviledge the Assemblys have, which I look upon to be no more than fformality, for I have always told them, that neither myselfe nor any of them, as long as I am in the Government should be protected from paying their just debts, and I must do them that Justice, that I think there are not any of them that stand in need of it, nor have been protected for these 7 years past, that I have been in the Island: and I dare venture to give your Lops. under my hand, that whoever has informed you of anything like it, has said what is not just. I enclose a list of the Patent Offices of this Island, with the value of them, which is the account that the Patentees or Deputys have themselves given me in; my opinion is, that most of them make more of their Offices, but not near what they are generally adjudged to be worth, living here being of great expence, and I do not see that any of them save mony. As to your Lops.' of Aprill 15, in relation to the Negro trade, here have been so many different Officers in the Offices concerned in that affair, that it is impossible to give your Lops. full information of it, from the time your Lops. would have it, by this opportunity, but I hope to send you a satisfactory account per the next packett, with the best remarks upon it that I can make. I herewith send your Lops. a list of the galleons, and the other vessells that were with them, when they were attack'd by Mr. Wager. I understand Mr. Wager intends to bring the two Captains that were then with him to a triall, as soon as the ships expected from great Britain arrive, that they may be able to make up a Court Martiall: By the account that I have had from my own Officers that were on board those ships, and the Lieutenants of them, Mr. Wager has had very foul play, but that will be best known when the Court Martiall meets. The traders that are lately come from Porto Bell, say, that the Spaniards laugh at them and tell them that two of our men of war, one of 60, the other of 50 guns, dare not attack their Vice Admirall of 64 guns, that they only ffired now and then their chase gunns at him, and then sailed ahead of him and gave him their stern gunns, at so far distance as not to do him any damage, and never came up to give him a broadside. This talk is enough to concern any true Englishman. I humbly begg leave to offer one thing as my opinion, that if H.R.H. thought fitt, that a third part of the Courts Martiall held at sea upon such occasions as this, should consist of Lieutenants, it wou'd tend very much to the advantage of H.M. service. As to Monsieur du Cass, I cannot learn from any hand whether he is yet sailed with the fflota and other ships, but it is my opinion he would not stay long after the hearing this news. As to the Spanish ships at Carthagene, I do believe none of them will endeavour to join Monsieur du Cass or stir from thence till further orders from Old Spain, because all the Directors of those affairs were on board the Spanish Admirall that blew up, of which the chief man that was saved was the Admirall's Coxon, and with him only 10 men. As to other particulars, I shall not presume to trouble you with common Reports, since Mr. Wager is now here, who was an eye witness to everything, and has promised to give a very exact relation of it to H.M. and H.R.H. About 3 weeks ago we received advice of 9 ships at Port Rico, supposed to be Spaniards that were expected from Old Spain; upon which Mr. Wager desired me to spare him 50 soldiers to man 3 ships that were then ready for sailing to endeavour to meet with them betwixt the Capes, which were immediatly sent aboard, and the ships sailed the next day. I hope if they meet with them, we shall have a good account of them. In 3 weeks or a month's time we shall have a very good magazine, that is bomb proof finished at Port Royall, which I have been endeavouring to get done ever since my coming into the Country, but could never accomplish it till this year. I have received 20 recruits by this packett-boat, and expect the remainder by the next. I believe H.M. Regiment under my command will then be compleat. I lost 4 or 5 men in the engagement with the galleons, having then on board Mr. Wager's squadron 170 men. As to Mr. Wager, I begg leave to say this of him that I have never known a man more diligent, or more zealous for H.M. service, he being ready on all occasions to advise in every thing that may tend to the welfare of great Britain, and the good of this Island, so that I think it a pleasure to be concerned with him.
P.S. If there can be a method found out to prevent the French trading to Lima, and the South Seas, trade here will soon be in a fflourishing condition. Signed, Tho. Handasyd. Endorsed, Recd. Sept. 17th, Read Oct. 28, 1708. 4½ pp. Enclosed,
56. i. List of Patent Offices in Jamaica and salaries in Jamaica mony;—
Attorney Generall: Robt. Hotchkyns £80.
Receiver Generall: Leonard Compere £300, of which the contingent charges amount to at least £160.
Secretary: John Baber £800, contingent charges £200.
Provost Marshall: Richd. Rigby £500, contingent £150.
In time of martial law the office has no fees, and is of charge.
Clerk of the Pattents and Register in Chancery: Arthur Wynter £200.
Clerk of the Crown and Peace: Henry Needham £70.
Clerk of the Grand Court: Thomas Cotton £500. Contingencies, £150.
Navall Office: William Norris £150. Endorsed as preceding. 1 p.
56. ii. List of the Galleons etc. met by Commodore Wager, with 3 men of war and a fireship, between the Brew and Friends Islands, May 28, 1708:—St. Joseph, 64 guns, 600 men, Count de Cass Alegre, Admiral. Blew up in the engagement. St. Joachim, 64 guns, 500 men, Don Michaell Augustine de Villa Nova, ViceAdmiral. Sta. Cruz, 50 guns, 300 men, Count de Bega Florida, Reer-Admiral. Taken by Mr. Wager. Merchant ships: Le Mieta, 34 guns, 140 men, Capt. Don Joseph Tanis. 6 more Spanish merchant ships, name and force unknown. One small French merchantman, 24 guns, 200 men. The Holy Ghost, a French Privateer of 32 guns and 300 men, ran ashore and burnt. A small Biscayan packet-boat, 12 guns and 150 men. One brigantine. Two sloops. Same endorsement. ¾ p.
56. iii. Duplicate of June 17, 1708. C.S.P. No. 1551.i. [C.O. 137, 8. Nos. 23, 23.i.–iii.; and (without enclosures) 138, 12. pp. 333–337.]