America and West Indies
October 1709, 18-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1922

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482-503

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'America and West Indies: October 1709, 18-31', Calendar of State Papers Colonial, America and West Indies, Volume 24: 1708-1709 (1922), pp. 482-503. URL: http://british-history.ac.uk/report.aspx?compid=73809 Date accessed: 02 August 2014.


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October 1709, 18-31

Oct. 18.
Whitehall.
773. Council of Trade and Plantations to the Queen. Representation upon an Act of Maryland (1708) for relief of poor debtors, which is made to continue for 3 years. Tho' this Act seems to have been made with a charitable intent, yet are there some clauses in it which may prove injurious as well to your Majesty's subjects there, as to the merchants here. Clause II is impracticable, for many of the inhabitants may have dealings in sundry counties 100 miles from their abode, and it may so happen that the Justices of the respective County Courts may give notice to the creditor to attend them, at severall places, on or about the same day, with regard to his several debtors; but if that case should not happen, yet the trouble and charge of travelling when the creditor has little hopes of recovering his debt. may incline him rather to give it up, than attend the said Justices. Clause IV. is a great hardship on the creditor, who besides the loss of his debt, shall likewise forfeit £10 for not obeying the summons, let the distance of place be never so great, or the creditor not think it worth his while to be at that trouble and charge to claim his debt. Clause VIII., enacting that no debtor, so discharged out of prison, shall pay any fees due to the Sheriff, is a great hardship on the Sheriff, who in that Province is obliged to maintain his prisoners. Clause IX., enacting that creditors living out of the Province shall have 12 months allowed them to claim their debts and receive their dividends, is hard upon European creditors, it being almost impossible for them to claim their debts within a year's time, especially during the war; and further the Justices are impowered by this clause to keep the produce of the debtor's ostate in their hands without giving security for the same, till after the expiration of the said 12 months, which may be of illconsequence to the creditors, many of the Justices of the Peace being but in mean circumstances. There are some other clauses liable to objections, but we shall forbear to trouble your Majesty therewith, and only presume to offer that the releiving insolvent debtors, who have lain some time in prison, by discharging them from their debts and imprisonments is an Act of humanity and agreable to the prudence of the Legislature of this Kingdom; but then such Acts have ever look'd back, and extended only to such debtors who were actually in prison some time before the making thereof; whereas this Act does not only look forward and discharge debtors, who shall be in prison on a certain day then to come, but as is before mentioned, the same is made to be in force for 3 years, and to the end of the then next Session of Assembly. This may give incouragement to idle extravagant persons to contract debts during all that time without any remedy to the creditor for recovery thereof, which may prove very prejudicial to trade, particularly with regard to the credit given to the planters and other inhabitants of that Province by the merchants here, whose debts ought therefore to be distinguished from those contracted between inhabitant and inhabitant, and excepted out of such Acts; otherwise they may reasonably be discouraged from giving any credit for the future, as several Maryland merchants who have attended us have declared, whereby the trade of that Province will greatly suffer. Propose that the Act be disallowed. [C.O. 5, 727. pp. 132-137.]
Oct. 18.
Whitehall.
774. Same to the Lord High Treasurer. Enclose accounts of incidental expenses of the Office, and pray for the payment of salaries due. [C.O. 389, 36. pp. 445-447.]
Oct 18.
Whitehall.
775. Council of Trade and Plantations to the Earl of Carbury. Proposal to treat with him for lands similar to following. [C.O. 138, 12. pp. 468-470.]
Oct. 18.
Whitehall.
776. Mr. Popple to Sir Robert Cotton. The Council of Trade and Plantations having considered Mr. Cotton's answer to the letter I writ you Oct. 7, they have commanded me to transmit to you this further proposal following, viz. The settlement on Lynch Island, being only a provisional or temperary lodgment proposed for some of the Palatines till the rest can be conveniently settled on the Main Island of Jamaica, it is further proposed that the several Proprietors of the lands lying between the N.E. of Rio Grande and the S.E. of Point Morant, do surrender to H.M. in fee, a part of the said lands, in order to H.M. regranting the same to the said Palatines. It is presumed that the present owners of those lands will for so great a good, freely consent to this proposal, especially considering that what remains to them of the said lands will be of much greater value from such a settlement, than the whole is like to be without it. The same reasons which have induced Mr. Cotton to comply in what has hitherto been proposed their Lordships hope will induce him to give in to this proposal. [C.O. 138, 12. pp. 467, 468.]
Oct. 18.
Whitehall.
777. Council of Trade and Plantations to the Lord President of the Council. Remind his Lordship of Representation concerning Acts of Pennsylvania, Sept. 8, for fear of the inconveniencies that may happen by a lapse of time. [C.O. 5, 1292. p. 159.]
Oct. 18.
Whitehall.
778. Council of Trade and Plantations to the Queen. We have considered the Act passed in the General Assembly of New Jersey, Dec. 1704, for regulating negro, Indian and mulato slaves, in which, tho' there are several good and useful clauses, there is one that inflicts inhumane penalties on negroes etc. not fit to be confirmed by your Majesty, and therefore we humbly offer that the said Act be repealed. [C.O. 5, 995. p. 20.]
Oct. 18.
Whitehall.
779. Council of Trade and Plantations to the Earl of Sunderland. Reply to Oct. 5. q.v. Having discoursed some merchants here concerned in the trade of New England and New York as likewise in that of Barbadoes and the Leeward Islands, we find that those Islands do mostly depend upon being supplyed with wheat and flower from the said Provinces, and in some measure from the Colony of Virginia, as likewise that considerable quantities of corn are yearly carryed from the Continent to Jamaica, and from thence exported to the Spanish West Indies; that when our Plantations on the Continent have an overstock of corn, more than is necessary for their own consumption, and for the supply of our Islands, they frequently send some to the Maderas in exchange for wines, corn being none of the enumerated commodities, nor do we know of any Law that restrains the exportation of corn from the Plantations to the Maderas, or any other foreign country in amity with H.M.; but at present there is no such overstock in H.M. Provinces on the Continent; it being reasonable to believe that no more is produced there, than what may be sufficient for their own consumption, and the necessary supply of the said Islands; especially since we do not find that there are any granaries in those parts. The Crown of Portugal being in the Grand Alliance, and our trade to that Kingdom very beneficial to Great Britain, we are sensible that all fitting incouragemt. shou'd be given to the supplying the Portugueze with whatever they may want, as far as may be consistant with the good of H.M. subjects; nevertheless we are of opinion it will not be advisable that H.M. shou'd give incouragement, as is proposed, to the buying wheat and flower in any of our Plantations for the service of Portugal, whereby our Sugar Islands may be distressed for want of a sufficient supply, or at least the price of corn greatly inhanced to the oppression of the inhabitants, and the prejudice of that trade. Nor do we see wherein the proposal will be of use to Portugal, this being an unseasonable time of the year to send to the Plantations for corn, forasmuch as no British ships (for such only are to be imployed) which are now to undertake a voyage to those parts, will be able to depart from thence with their intended lading sooner than about the middle or end of April next, and before they can arrive at Lisbon, the next year's crop in Portugal may be got in. [C.O. 324, 9. pp. 410–412.]
[Oct. 18.]780. Petty Expenses of the Board of Trade, Midsummer to Michaelmas, 1709. See Journal of Council. 5 pp. [C.O. 388, 76. Nos. 86–88; and 389, 36. p. 447.]
Oct. 19.
Whitehall.
781. W. Popple to John Baber. Governor Handasyd having transmitted to the Council of Trade and Plantations an Act past in Jamaica for the regulating fees, if you have any objections to make to it you are to lay the same before their Lordships in writing on Friday morning next. [C.O. 138, 12. pp. 470, 471.]
Oct. 19.
Whitehall.
782. The Earl of Sunderland to the Council of Trade and Plantations. The Queen looking upon it to be necessary for her service that there should be a quorum of your Board constantly in town to dispatch divers matters of weight that happen to be frequently referred to you; H.M. has commanded me to signify Her pleasure to you, that whenever your private occasions shall call any of you out of town, you relieve one another, and that you take your turns for being absent, still taking care that so many of your number may remain in town as is necessary, in pursuance of your Commission, to go on with the dispatch of the business of your Board. Signed, Sunderland. Endorsed, Recd. 20th, Read 21st Oct. 1709. 1 p. [C.O. 388, 76. No. 89; and 389, 36. p. 448.]
Oct. 19.
Whitehall.
783. W. Popple to Leonard Compere. The Council of Trade propose to treat with you for lands in Jamaica as Oct. 18; and require your objections, if any, to the Act for regulating fees, etc. as No. 781. [C.O. 138, 12. pp. 471–473.]
Oct 20.
Whitehall.
784. Mr. Popple to Mr. Attorney General. Encloses, for his opinion in point of Law, Act of Jamaica for the further quieting of possessions, etc. [C.O. 138, 12. p. 474.]
Oct. 20.
Spanish Town.
785. Governor Handasyd to the Council of Trade and Plantations. Since my last of Sept. 8, I have little materiell to offer, onely the following perticulars. I told you there were 100 pyrats upon the Spanish coast; they are now above 300 strong and I doubt will every day encrease unless some method cann be taken; as I am informed the Governor of ye Havannah as also the Governors of Portabell, St. Jago upon Cuba, the Governor of Carthagena and all ye French Governors upon Cuba as Port Lewis, Petteguavers, Lugan etc. have all offered to give them a generall pardon if they'll come in and serve them against H.M. and her Allies, but they have utterly refused to be concerned with them notwithstanding the chief of them is a French man; they have sent me severall messuages by prisoners they had taken of ours and used them very well, that in case they can have H.M. the Queen of England's pardon and protection, that they are willing to come to Jamaica and to serve H.M. and her allies faithfully, haveing as they say, never done anything against H.M. nor her Allies, the truth of which I am a stranger to, onely what ye two depositions which I have sent to the Secretary of State declares; I could wish with all my heart that some method could be taken to prevent their growth, least they come to soe great a number that may not easily be overcomed, there being severall resolute persons of noe fortune in these parts which will be ready to joyne with anything, tho' ye gallows were to be their reward. There is since my last brought in a large Spanish ship and a small Spanish sloop, the one loaden with wine, olives, figgs, and other fruit, the other loaden with hydes and tallow, the value of them I doe not know, both taken by Jamaica privateers. Haveing heard nothing since of me and my Regimt.'s being released makes me very uneasy, since I find noe recruits is like to come, and ye Regmt. haveing lost a great many men; therefore I hope in case I am not to be releaved so soon as I expected that orders will be given to my officers that is there, for recruiteing; there is as many of them in England as I can spare from doeing duty here, they being dayly upon some command either at sea or land. As to other affairs of ye Island, it is at present pretty healthy; H.M. ships the Crown and Roe Buck is upon the coast of Carthergena in hopes to receive a confirmation of ye designe in relation to ye gallion. The ships is as yet not come to ye Havannah from Laverdicrous, the French and Spaniards both expects a strong squadron from France the truth of which I am a stranger too. Signed, Tho. Handasyd. Endorsed, Recd. Read Dec. 13, 1709. Addressed. Sealed. 1¾ pp. [C.O. 137, 8. No. 74; and 138, 13. pp. 73–76.]
Oct. 21.
Whitehall.
786. Mr. Popple to Mr. Pery. Asks for several accounts relating to the trade of the African Company, including the number of negroes furnish'd by the Company and separate traders to the Plantations. [C.O. 389, 20. pp. 449, 450.]
Oct. 21.
Whitehall.
787. Mr. Popple to Richard Harris, mercht. Similar questions to the separate traders to Africa. [C.O. 389, 20. pp. 450, 451.]
Oct. 21.
Whitehall.
788. Mr. Popple to the Commissioners of the Transport Office. Asks for estimate of cost of provisions and transport of 1000 Palatines to Jamaica. [C.O. 138, 12. p. 475.]
[Oct. 22.]
Saturday one o'clock.
789. Governor Hunter to Mr. Popple. Requests that a letter for Mr. Micajah Perry may be forwarded via a ship now goeing to Pennsylvania, etc. Signed, Ro. Hunter. Endorsed, Recd. 22nd, Read 25th Oct. 1709. 1 p. [C.O. 5, 1049. No. 127; and 5, 1121. p. 437.]
Oct. 24.
Windsor.
790. Order of Queen in Council. Repealing 6 Acts of Pennsylvania, 1705. Cf. Sept. 8. Signed, John Povey. Set out, Penn. Archives, 1st ser. I. 156. Endorsed, Recd. Read Oct. 27, 1709 2pp. [C.O. 5, 1264. No. 83; and 5, 1292. pp. 161, 162.]
Oct 24.
Windsor.
791. Order of Queen in Council. Approving Representation of Sept. 8, 1709, and ordering accordingly that it be recommended to Mr. Penn by the Council of Trade to cause all such Laws as shall hereafter be past in the Assembly of Pensylvania to be transmitted and presented for H.M. approbation or disallowance in Councill as soon as conveniently may be after the same shall have been past there, and to endeavour to get a Law past in the Assembly there for renouncing the Pretender and declareing the allegiance of the inhabitants to H.M. As also that notice be given to Mr. Pen or his Agent by the Council of Trade that in case the Assembly of Pensylvania shall think fitt to re-enact the Law now disallowed for the further secureing the administration of the Government, with a proviso that upon the death or absence of the Lieut. Governr. the Proprietary doe nominate an other and obtain H.M. approbation within 6 months after such death or absence, H.M. will be gratiously inclined to approve of the said Act. And H.M. taking notice upon this occasion that divers Acts transmitted from the Plantations have been disallowed by H.M. by reason of some clause or clauses therein which have not been thought fitt for H.M. approbation, and the other parts of the said Acts have appeared good and profitable for the welfare of H.M. subjects there, H.M. is pleased to order that where any such Acts shall be disallowed by H.M. on the Representation from the Lords Commrs. of Trade, notice be given to the respective Governments or their Agents by the said Lords Commrs. of the reasons for repealing the said Acts, to the end that upon re-enacting the same, the Assembly may form them accordingly. Signed, John Povey. Endorsed, Recd. Read Oct. 27, 1709. 2½ pp. [C.O. 5, 1264. No. 84; and 5, 1292. pp. 163, 164.]
Oct. 24.
Windsor.
792. Order of Queen in Council. Repealing Act of New Jersey for regulating negros etc. Cf. Oct. 18. Signed, John Povey. Endorsed, Recd. Read Oct. 27, 1709. 1½ pp. [C.O. 5, 970. No. 86; and 5, 995. pp. 22, 23.]
Oct. 24.
Whitehall.
793. Mr. Popple to Mr. Jenings. Encloses an "authentick example" of Order in Council, Sept. 26. etc. [C.O. 5, 1362. p. 428.]
Oct 24.
Boston.
794. Governor Dudley, Col. Nicholson, Col. Vetch, and Capt. Moody to [? the Earl of Sunderland.] We have omitted no opportunity since the receipt of H.M. commands for the intended expedition to Canada, to transmit to your Lordships an account of our preparations etc. (v. June 28, July 8 etc.) We awaited the arival of the Fleet with earnest desires and patient expectation, until the 11th instant, at which time we had the honour of your Lordships letters of the 27th of July by the Enterprize man of war, importing that for divers weighty considerations H.M. had thought fit to lay aside at this time the designed Expedition to Canada, etc., withal signifying her Royal pleasure, that consideration be had here upon the place, whither with the forces at present on foot, and other preparations made, it be expedient to attempt any places belonging to the enemy at Nova Scotia, and particularly Port Royal, and then to prosecute the same without delay. And a general consultation being had thereupon, at a meeting of the Governours of the Massachusetts, New Hampshire, Connecticott, and Rhode Island (attended by several Members of the Council and Assembly of their respective Governments) with the Honble. Colo. Francis Nicholson, Col. Vetch and Colo. Moody, it was unanimously advised that an attack upon Port Royal, agreeable to H.M. directions be undertaken and proceeded upon forthwith (v. infra). We well supposing by the general expression in H.M. directions [of other preparations made] it had equal reference to the service of the ships of war, especially those appointed to attend the Grand Expedition, as to the Forces; for without their being imployed and used therein, it is impracticable to support such an attack, and accordingly demanded the attendance and assistance of the Captains, ships and men, in that important enterprize, judgeing it a service of the last consequence to H.M., there seeming to be so favourable an opportunity and prospect of success, by the favour of God for the reduction of that place to H.M. obedience, and removeing that nest of spoilers and robbers, who are so great a plague to all H.M. Plantations in America, by infesting and interrupting their intercourse of commerce and trade, and ye Fishery being so nigh and advantagiously situate, to make their enterprizes upon all navigation, and are every year strengthened and enriched by their spoils made upon H.M. subjects, nor were we sensible, that the attendance of this so necessary and important service would have anyways infringed the orders of the Lord High Admiral to the said Captains by the directions of H.M. Governours of New England and New York to proceed to the Isle of Providence, and the Bahamas, which may well be pursued and in better season, after this descent is over, if any service to the Crown can be done there; of which there is no present view, and gave our opinion accordingly under our hands to ye sd. Captains. Notwithstanding all which they would by no means be perswaded to consent to proceed to Port Royal, so that hopeful and probably successful enterprize (for which all other preparations were in readiness) is for this time disappointed. The consequence whereof we fear will be very prejudicial to H.M. interests in more respects that one; Besides the total loss of the extraordinary charge of the Crown, and of these Governments, in the summer preparations, which will be a very heavy burthen, and great discouragemt. to H.M. good subjects that have with all alacrity express'd their readiness and laid out themselves to do service for H.M., and their country, and to give check to the insolence of their enemies. We humbly pray your Lordship to present to H.M. the inclosed humble representation and address from ourselves, with the Governours of Connecticot and Rhode Island, and aske your Lordship's favour in furthering the obtainment of the things therein petition'd for, hopeing that according to our advice at the Congress Meeting to the respective Governmts., they will speedily depute some persons to accompany the Hon. Col. Nicholson, as their Agents to attend H.M. with further applications in this weighty concern. And if H.M. in her Royal wisdom may think fit to revive the aforesd. grand Expedition to Canada etc., and shall be pleased to order the same to be proceeded on the next year; or that a lesser expedition be formed against Port Royal, which will not demand near the number of ships and troops as the former, we humbly offer our opinion that it will be absolutely necessary for the good of the service, that ye ships of war that shall be appointed to assist the same, be perfectly under the direction of the person who shall have the honour of H.M. Royal Commission to be Commander-in-Chief of the Expedition in order to prevent all misunderstandings between the land and sea part, which on some occasions of like nature in the West Indies has unhappily frustrated and ruined hopeful designes. We account it our duty further to acquaint your Lordship that in all this affair referring to the support of ye Forts in frontiers, and the attack on Port Royal, we have not been able to obtain any advice or assistance from the Governmt. of New York, notwithstanding the repeated letters sent them for that purpose. Signed, J. Dudley, Fr. Nicholson, J. Moody, Sam. Vetch. 3 pp. Enclosed,
794. i. Congress of the Governors of Massachusetts, New Hampshire, Conneticutt, and Rhode Island, with Col. Nicholson, Col. Vetch, and some of the Councilers and Representatives of the several Governments. Lord Sunderland's instructions of July 1, 1709 to Col. Vetch were read (as in preceding).
An Address to H.M. was drawn up and agreed to, stating that "We are of advice the Wood-Creek Fort and the other two forts, which have been built with great expence and labour, and are of great importance, be supported this winter, in just hopes that H.M. will revive the Expedition against Canada in the Spring.
Voted, that the Governor and Government of New York and the Jerseys be advised of this vote, and our oppinion that H.M. regular forces be improved, as far as they will amount to ye numbers of 300, at Fort Wood-Creek, 150 at Fort Nicholson, 50 at Fort Ingoldsby. And the rest to be drawn out of the forces raised and marched on that side by the Queen's command. And that the Governor and Government of Conneticutt be advised, of our oppinion herein, and it is recommended to them, to do their quota of this duty, and that we shall thereupon abate any expectation from them in the Port Royall expedition hoped for, and in case that expedition do not proceed, that it be recommended to the respective Governmts. of Massachusetts, Rhode Island, and New Hampshire, to afforde their assistance in proportion with the rest of ye Governments concerned for that service. Voted. That we are of advice, that an attack upon Port Royall by the forces of the Massachusetts, Rhode Island and New Hampshire, agreeable to H.M. direction be undertaken, and proceeded upon forthwith, and that a sufficient number of men of war, now in the Government be imploid and used therein, it being a service of the last consequence to H.M. and ought therefore to be attended accordingly, which is hereby recommended to the respective Governments. The Hon. Col. John Moody offred a memoriall referring to the state of Newfoundland. Voted, that it would very much conduce to the service if Col. Nicholson will attend H.M. with the Representation and Address now agreed upon, and set forth the great expence of this year's preparation etc., and the great inconvenience all these Governmts. will labour under by the French and Indians, if a decent upon them do not proceed the next year. And further advised, that a gentleman from each of the Governmts. as their Agent do accompany and assist him in his application to H.M. in this affair. And that a Sachim of each tribe of ye five Nations at their election be procured to attend him in his voyage. Signed, J. Dudley, G. Saltonstall, Fr. Nicholson, Saml. Vetch, Sam. Cranston. Copy. 3 pp.
794. ii. Address of the Governors of the Massachusetts Bay, New Hampshire, Connecticott and Rhode Island at a Congresse with Col. Nicholson, Col. Vetch and several Members of the Council and Representatives to the Queen. Upon the communicating to us your Maj'ty.'s commands to desist any further pursuing the designed expedition at this time, the war in Europe haveing demanded the present service of your Majesty's ships of war and forces intended for that Expedition nearer home, etc. We crave leave humbly to addresse your Sacred Majesty with our repeated grateful recognition of your Majesty's most gracious regard to your good subjects, of these your Majesty's several Governments, in your Royal resolution and advance, towards the aforesd. Expedition; to ease them of the oppressive burthensom charge, which for divers years past, they have been necessarily put to; for the defence of themselves and your Majesty's interests in these your Northern Plantations, against the insults, of the French, in their neighbourhood, and their dependant Indians; and withall, to let your Majesty know, that there was all dutiful and cheerful obedience paid, to your Royal Commands, received the last spring, in doing what was required, on the part of your Majesty's said several Governments; towards prosecuting the said designed Expedition, their several quotas of effective men for the same; haveing stood, under their arms, ever since the 20th day of May past, and transports, with provisions, and other stores, for support of the force, have been in readiness for their embarcation, at six hours warning, to the aggravated and insupportable charge, of the respective Governments. We most humbly pray your Majesty's most gracious consideration and assistance therein: as also, that the aforesd. intended Expedition, may be revived, and prosecuted with effect the next year, May your Majesty in your royal wisdom think fit to order the same. And if in the mean time any new overtures be made for a peace; that the sixteenth article in the Preliminaries lately concerted for that purpose, may be enlarged: so as to include Canada and Nova Scotia, that they be rendred into your Majesty's hands: particularly Port Royal; which is of the last consequence to all your Majesty's Colonys in America, as to Trade, and the Fishery; it being, originally, a British Colony, and now contained in the Letters Patent, for the Massachusetts Province: lies within 80 leagues of their Capes, in the course of all shipping from Europe, and the Southern Plantations: and is become the receptacle of all privateers, from Martineco, and other French Islands, being near hand to carry in their prizes, taken along this shoar, even from Virginia. And we have suffered very heavy losses by them, in our trade, and Navigation, this summer besides the unspeakable advantage that will accrue to your Maty's. Crown, in Naval Stores, fishery and furrs, by Canada and Nova Scotia being under your Maty.'s obedience, and should it continue in the hands of the French, they will soon grow so numerous, and be so strongly fortifyed, that it will be hard to reduce them. Rehoboth, in the Massachusetts, Oct. 14, 1709. Signed, J. Dudley, Samll. Cranston, G. Saltonstall, Fr. Nicholson, Sam. Vetch. 1 p.
794. iii. Address of the principal inhabitants and merchants at Boston, and other adjacent places, to the Queen. Among the many thousands, that rejoyce in the privileges, they enjoy under your Majesty's most excellent administration, wee, with all humility, appear with our gratefull acknowledgments of your Majesty's favours towards us, as in many other instances, so in particular for the vast expence your Majesty has been at the summer past in sending hither shipps of warr, military officers etc. for the reduceing of the French settlements in Nova Scotia and Canada etc., which this country rejoyceing in hopes of, with great chearfullness, contributed their part, for the raiseing the number of men your Majesty required for that service. Our enemys dreaded the event of this affair, hearing that vast preparations were made against them, and would, wee doubt not (through the divine blessing) have become an easie prey in a few days to your Majesty's shipps of warr, which have been sent hither, and other forces raised here, had the Commanders of the friggotts been ordered to have gone without delay; but they refuseing to goe, and all power here to oblidge them failling, these Colonies are reduced to great distress, our enemies haveing their fears scattered, and being flushed with success, doe looke on us, as a people forsaken of your Majesty, and as left to be a prey to their teeth. The privateers from Port Royall have ye summer past taken many of our vessells with much of our substance, and will, wee fear, with our eastern salvage enemys, make dreadfull attempts upon us this winter, while those at Canada will endeavour to alienate the five Nations of Indians from your Majesty's service, and possibly prevail with them to joyn in their attacks on those parts as well as on these frontiers. Wee being surrounded with difficultys, humbly prostrate ourselves at the feett of your most excellent Majesty, and as our Governour, with other principall persons of this, and the neighbouring Governments, have desired the honourable, industrious and couragious, Col. Francis Nichollson, to be their Agent in this extremity: wee allsoe judgeing him faithfull to your Majesty's interest, well acquainted with the state of affairs of this country, and what are the best methods for our releif, referr the more full representation of our case to his prudence: beseeching your excellent Majesty to revive our languishing spiritts by such supplys early in the Spring as may (by the favour of Almighty God) be our deliverers from the annoyance of our troublesome and bloody neighbours; but if your Majesty in your great wisdom shall see meett to hearken to, and aggree on terms of peace, before a reduction of Port Royall to your Majesty's obedience, can be effected, wee humbly beseech your Majesty that Nova Scotia may be reserved for, and annexed to your Brittish dominions. And since it is for the glory of your Majesty, suffer our desires to be enlarged, and to pray, that Canada in those terms of peace may allsoe come into your thoughts. Without reserve of Port Royall, that people, that, in a sense, may be now called no people, will in time endeavour the razeing your Majesty's interests here. That America, as well as Europe may be freed from the French tyranny, both ecclesiasticall and civill by the blessing of the Most High, on your Majesty's endeavours, etc. etc., are the constant prayers of, Signed, Charles Hobby and 66 others. 1½ pp.
794. iv. Account of the charges accruing for the intended expedition to Canada; to the Massachusetts Bay, £30, 811 12s. 10d.; (v. Jan. 31, 1710. No. XV.) to New Hampshire £3,500; to Rhode Island, £6,700; plus £5,000 more before the forces can be disbanded. Total, £46,011 12s. 6d. 1 p.
794. v. Governor Dudley to Capt. Clifton of H.M.S. Kinsaile, Capt. Davis of H.M.S. Maidstone. Oct. 12, 1709. Communicates Lord Sunderland's Instructions concerning the Bahamas, July 27, q.v. Continues; I cannot take measures till after the congress of H.M. Governours to be holden three days hence at Newport, Rhode Island. I desire you will stay in this Port till you hear from me, unless you have other orders I am not knowing of, etc. Signed, J. Dudley. Copy. 1 p.
794. vi. Circular Letter from Governor Dudley to the Captains of H.M. ships of war desiring their attendance at a Council of War to consider an attack upon Port Royal, etc. Boston, Oct. 18, 1709. Signed, J. Dudley. Copy. ½ p.
794. vii. Governor Dudley, Cols. Nicholson, Moody and Vetch, to Lt. Governor Ingoldsby, desiring him to order H.M.S. Kinsale and Maidstone to joyne the other frigates and troops in an attack upon Port Royal. Boston, Oct. 18, 1709. Signed, J. Dudley, Fr. Nicholson, Saml. Vetch, J. Moody. Copy. 1 p.
794. viii. Capt. Clifton to Governor Dudley. On your former request I have defer'd sailing this seven days last past, but can't think myselfe safe to delay it longer, for you are sensible by the copys I sent I am order'd to repair to my station with the ships under my command: so desire your excuse for not waiting on you and the other gentlemen etc., being now with ye Maidstone endeavouring to put my orders in execution with all expedition. Kinsale, Oct. 18,1709. Signed, Jno. Clifton. Copy. ½ p.
794. ix. Governor Dudley, and Cols. Nicholson, Vetch and Moody to Capts. Thomas Matthews, Mathew Tate, John Clifton, (Nicholas) Smith, Richard Davis, Commanders of H.M. ships of war, Nantaskett. Recite events relating to the intended expedition against Canada. Continue;—In pursuance of instructions from White Hall, at a conference of Governors, officers, and members of Council and Assembly, it is unanimously advised that an attaque upon Port Royall, agreeable to H.M. direction, be undertaken and proceeded upon forthwith, and that a sufficient number of men of war now in the Government be imploy'd and used therein, and the Governour of New York particularly directed to give all assistance in hiss power, it being a service of ye last consequence to H.M. Now this important enterprise so necessary for H.M. service and interests and for wch. there seems to be so favourable an oppertunity and prospect of success by ye favour of God (as by the relation of divers prisoners lately returned from thence appears) depends upon ye assistance of H.M. ships under your command, or the greater number of them, of wch. Capt. Mathews and the Province gally are two, whose service we have no reason to doubt of. There are four others, vizt. Capt. Clifton, Capt. Tease, Capt. Smith, and Capt. Davis, whose orders are to attend the Governor of New England and New York for ye recovery of the Isle of Providence and Bahamas from ye French and put them into ye hands of ye English subjects, as ye orders to ye respective Capts. import, as well as the letters from my Ld. Sunderland to the several Governors. Since which ye said Governors with Col. Nicholson and Col. Vetch have used all possible means to get advice whither there be any French resideing at Providence or any other of ye Bahamas, and where H.M. subjects ye late inhabitants of ye sd. Islands are, and being made certaine that there are no French to be removed from thence, nor any of H.M. subjects that offer to return and dwell there, it is determined to delay that voyage untill February, wch. season of ye year will well suit that service, if there be occasion, and in the mean time, that a decent be made upon Port Royall as by ye aforerecited vote is adviced agreeable to H.M. commands. We therefore desire and expect that you do freely and unanimously consent and subscribe your resolution to attend that service and that your ships be forthwith fitted and victualled for three months accordingly, and that you will put forward the service at Port Royal with your ships and men in such maner as a Council of war upon ye place consisting of such members as shall be appointed to set therein shall think fitt, least any unhappy missunderstanding should prevent the desired success as it has done on several occasions of like nature in the West Indies. Of this we must be forthwith resolved, for that there are 1200 men well arm'd, cloathed and disciplined with transports ready for their embarcation in 12 hour's (and provisions) continued under pay to the very great charge of the Governments, and if this enterprize should not proceed, all the past great charge and advance of the Crown will be wholly lost, etc. Boston, Oct. 19, 1709. Signed, J. Dudley, Fr. Nicholson, Saml. Vetch, J. Moody.
794. x. Same to Capt. Geo. Martine, Commander of H.M.S. Dragon, Nantaskett. We last night acquainted you in ye Council Chamber of our resolution to make a decent upon Port Royal, etc. To several of ye Captains we have written this morning (v. preceding). Notwithstanding your answer to us alledging ye Ld. High Admirall's possitive orders to saile to Newfoundland where in an [=? our] oppinion 'twill very well agree wth. ye present projected decent it being in the way thither, and we are also of oppinion, that ye appearance of your ship and the Guarnsey before Port Royal to be there seen, will certainly give the enimy the thoughts that ye fleet from England is arrived for their reduction, and therefore we desire this of you to accompany ye fleet thither though you leave them in 24 hours after their arrival and proceed your voyage to Newfoundland from thence according to my Ld. High Admirall's Orders, and this we are confident will be no hinderance to the service at Newfoundland, for that the appointed time is already past for their ships sayling, and must certainly be gone before your arrival there. Boston, Oct. 19, 1709. Signed as preceding. 2 pp.
794. xi. Capt. Smith to Governor Dudley. Reply to No. IX. I should be very glad to answer your expectation, could I beleive myselfe safe in it; but my Orders from my Lord High Admiral directs me to receive your commands for the Bahama Islands, etc. I am accordingly using my utmost endeavours to get the ship in a condition to execute that service. But if your Excellency do's not designe to send me that way, do conceive it to be my duty to put in execution the other part of my Instructions, by makeing the best of my way to Virginia and cruising there as commanded, unless you have any particular orders from H.M. or my Lord High Admiral to the contrary, etc. Enterprize, Nantasket Road. Oct. 20, 1709. Signed, Nich. Smith. 1 p.
794. xii. Capt. Martine to Governor Dudley etc. Reply to No. X. I haveing received pressing orders from my Lord High Admll. to proceed immediately with H.M.S. Dragon and Guarnsey to Newfoundland etc., I will adventure to stay till Sunday for what dispatches your Excellency are to send to ye Queen, and then (God willing) per first oppertunity of weather, shall saile for England. Oct. 20, 1709. Dragon, Nantaskett Roade. Signed, G. Martine. 1 p. [C.O. 5, 9. Nos. 32, 34–45; and (duplicate of No. iii.), 47.]
Oct. 24.
Windsor.
795. Order of Queen in Council. Repealing Act of Maryland for relief of poor debtors (Cf. Oct. 18). Signed, John Povey. Endorsed, Recd. Read Oct. 27, 1709. 1¼ pp. [C.O. 5, 716. No. 67A.; and 5, 727. pp. 138, 139.]
Oct. 25.
Whitehall.
796. Mr. Popple to Lt. Governor Gookin. Encloses letter to be forwarded to the President and Council of New York. [C.O. 5, 1292. p. 160.]
Oct. 25.
Boston in New England.
797. Governor Dudley to Mr. Popple. This comes by Col. Nicholson and Col. Moody, who are determined to sayle with 12 hours warning that prevents mee of doing my duty in writing largely to the board, in which I also hope to be excused, those Gentlemen having been here all the summer past and seen the dutifull preparation made here for a descent upon Canada to a very great expence of the severall provinces, wherein I am well assured they will represent me to have neglected nothing necessary for the service, which yet is diverted by H.M. greater affayres, and we must patiently bear the disappoyntment, especially while we can hope it will be revived the next spring, which the Gentlemen coming home I hope will solicite. A few dayes since arrived the Supply, bringing H.M. stores for Piscataqua, and I am now by the Comissary Genral and a Comittee of that Government taking care to land and dispose in safety, and have given notice thereof to the board of ordinance. I humbly thank their Lordships' care at the board to put that supply forward, and shall alwayes give account of the thrifty expence of them annually as I am commanded. By the mast shipps who are now in harbour I shall humbly offer to their Lordshipps the year's accounts as is my duty, being the only safe conveyance from these Governments, etc. Signed, J. Dudley. Endorsed, Recd. 6th, Read 8th Dec, 1709. Addressed. Sealed. Holograph. 1 p. [C.O. 5, 865. No. 21; and 5, 913. pp. 87, 88.]
Oct. 25.
Boston.
798. Governor Dudley, Col. Vetch and Capt. Moody to [? the Earl of Sunderland.] It haveing been fully resolved at the Congress of the several Governours in conjunction with Colo. Nicholson, Colo. Vetch and Captain Moody to attack Port Royal, providing a sufficient number of H.M. ships could have been prevailed with to assist therein as being absolutely necessary, not onely to offend the enemy's Fort or Battery's, but to protect the transports and victuallers from ye enemys ship or ships of war, which were expected there, but after all possible endeavours used by us, it was impossible to prevail with any of H.M. ships, save the Chester (whose station was to attend the Government of New England) to go upon the sd. expedition, which not being a sufficient force for the sd. enterprize, we are all necessitated to desist from any such attempt: than which nothing could be more for the honour of the Crown, and the interest and advantage of H.M. Colonys in these parts, to which the sd Port Royal is become another Dunkirk, We do therefore humbly pray your Lordship to represent to H.M. the absolute necessity of this place being reduced to H.M. obedience, either by force of armes, or comprehended, if a Treaty of Peace should intervene: but if the war continues we begg your Lordship to lay before H.M. that unless this place be reduced, this country must be abandoned as to it's trade; as Colo. Nicholson will more at length inform your Lordship and the Ministry. And if H.M. would be pleased to order four frigatts with a detachment, if it were but of 500 marines, or other regular troops, together with a bomb ketch, and two large morters and other necessary stores for them to be at Boston by the latter end of March in conjunction with what troops we shall get ready here, we should hope by God's assistance to give a good account of that troublesom nest of privateers, so much the bane of all H.M. subjects upon this Continent, providing always H.M. shall be pleased to order it so, that the ships of war shall be obliged to obey the orders of the Commanders in Chief of the Expedition, or at least what shall be judged necessary for them to do by the result of a Council of War, of which the several Commanders of ships to be members: the full state of this affair we wholey intrust to Colo. Nicholson, who hath been prevailed with by the unanimous applications of the several Governours, to lay the distressed condition of these Colonys before H.M. and your Lordships of the Ministry, he haveing been a witness to all the preparations which were made here in obedience to H.M. commands: as also capable to represent the sad circumstances this British Continent will be under, if H.M. be not graciously pleased to renew the intended Grand Expedition the next year, or at least to order that an expedition be formed against Port Royal as before projected, in which we most humbly and earnestly begg your Lordship's favour and assistance. H.M.S. Dragon and Guernsey being in readiness to sayle for England, and no other oppertunity probable to present, before the Mast fleet, who perhaps may not saile until the Spring, We have prevailed upon Colo. Nicholson to take passage on these ships at twelve hours notice, to attend H.M. with the humble representation of our difficult and hazardous circumstances, hopeing that some persons from the several Governments will be deputed soon to follow him, and in the mean time we shall forward all the advices the publick affairs shall demand by every conveyance, etc. Signed, J. Dudley, Sam. Vetch, J. Moody. Endorsed, R. by Col. Nicholson, Dec. 6. 2½ pp. [C.O. 5, 9. No. 33.]
Oct. 25.
Whitehall.
799. Council of Trade and Plantations to the Earl of Sunderland. Since your Lordship's letter of Sept. 20, we have discoursed with Captain Jones and Mr. Whitchurch, who do concur with what was proposed by us to my Lord High Treasurer, Aug. 30, for settling the poor Palatines on Jamaica etc. Refer to their Memorial and estimate of Transport Office, Oct. 25. We have likewise proposed to Mr. Cotton, who is Proprietor of Lynch Island, the surrendring 30 acres part of the said Island to H.M. in fee, which he has consented to, as also that the timber on the said Island should be made use of for building of hutts for the said Palatines, provided that leave be given him to cutt the like quantity of timber elswhere on H.M. lands ungranted, in case he should need any for the further settlement of Lynch Island. And whereas the settlement on Lynch Island is only a provisional or temporary lodgment proposed for the Palatines, till they can be conveniently settled on the main Island of Jamaica, we have further proposed to Mr. Cotton and Mr. Compere, who are Proprietors of lands lying between the North East of Rio Grande and the S.W. of Point Morant, that they do likewise surrender to H.M. in fee a part of the said lands, in order to H.M. regranting the same to the said Palatines. There are several other Proprietors of lands lying within those limits, but upon enquiry we do not find that any of them are in this Kingdom. As soon as we shall have received answers to the foregoing proposals, as also from the Transport Office and have duly considered the same, we shall dispatch our Report to H.M. upon the whole matter. This we thought necessary to inform your Lordship of, that a delay in this affair might not be imputed to us. [C.O. 138, 12. pp. 176–178.]
Oct. 25.
Whitehall.
800. Mr. Popple to the President and Council of New York. Encloses H.M. letter to Col. Ingoldesby, revoking his Commission, (Sept. 17), which they are immediately to deliver to him. [C.O. 5, 1121. p. 438.]
Oct. 25.
Transport Office.
801. The Commissioners of the Transport Office to Mr. Popple. We transmit you an estimate of the charge of transporting 1000 Palatines to Jamaica (Cf. Oct. 21). Signed, Nich. Roope, Tho. Colby. Endorsed, Recd. Read Oct. 26, 1709. 1 p. Enclosed,
801. i. Estimate as above. 4000cwt. of bisquet at 26/- per cwt.£520000
500cwt. of oatmeal at 45/- per quarter, 8 bushells to the quarter, each bushell weighing 43lb. makes 163 quarters£366150
500cwt. of pease at 45 per quarter, eight bushells to the quarter, each bushell weighing 59lb. makes 119 quarters£267150
200 busells of salt at 5/- per bushell£5000
500 bedds, pillows and blanketts, each blankett being 2½yd. long and 1½yd. wide, at 8/6 per sett.£212100
£609700
The charge of transporting 1000 Palatines to Jamaica, (including provisions to be found by the owners of the ships), will amount to £8 per head, £8,000. Signed as preceding. 1 p. [C.O. 137, 8. Nos. 57, 57.i., and 138, 12. pp. 479, 480.]
[Oct 26.]802. Mr. Atwood, late Chief Justice of New York, to the Council of Trade and Plantations, on behalf of himself, Col. Abraham De Peyster, Capt. Robert Walters, Dr. Staats, Abraham Governeur, etc. Prays to be restored to his office, and reviews factions in New York since Lord Bellomont's time. Signed, Wm. Atwood. Endorsed, Recd. Read Oct. 26, 1709. 20 pp. [C.O. 5, 1049. No. 131.]
Oct. 26.
Boston
803. Mr. Addington to Mr. Popple. The hurrys of the past summer in the frequent sittings of the General Assembly and intermediate Councils for the necessary preparations for the design'd expedition to Canada, etc., against the arrival of the expected fleet from Great Brittain; and the insults we have had on the coast by French privateers from Port Royall, has demanded the service of my whole time, so that I have had no liesure to get ready the Journals etc., but must pray your excuse until the next by the mast fleet. The disappointment of the expedition, for which this Government stood ready in all points for so many months together, has put them to an excessive aggravated charge, and the great losses suffered by the enemy has brought us into very distressing circumstances, and exposed us to many future inconveniences. Col. Nicholson returns home by H.M.S. Dragon, at the desire of the Governors of H.M. several Colonies, to attend H.M. with a humble Representation of the present state of affaires here, and withal humbly to pray H.M. gracious consideration thereof, and in especial manner referring to Port Royall, that nest of spoilers so near to us, that if the war continues, a sutable force may be ordered for the reduceing thereof; or if any new overtures for Peace be proceeded in, it may be comprehended, so as to be rendred under H.M. obedience, as it anciently was. It being of the last consequence to all H.M. Plantations in America relating to trade and commerce and particularly to the Fishery here. If you please to give what assistance thereto shall lye within yr. power, it will be a very especial service to H.M. interests. Asks for receipt for papers sent by H.M.S. Falmouth, Capt. Riddell. Signed, Isa. Addington. Endorsed, Recd. 6th, Read 9th Dec., 1709. 2 pp. [C.O. 5, 865. No. 24.]
[Oct. 26.]804. Jno. Rayner to the Council of Trade and Plantations. Explains Memorial of Oct. 10. Endorsed, Recd. Read Oct. 26, 1709. 1 p. [C.O. 5, 1049. No. 130.]
Oct. 26.
Whitehall.
805. Council of Trade and Plantations to the Earl of Sunderland. Enclose new seals for the Plantations, prepared by John Roos, H.M. Seal-cutter, together with draughts of warrants for their use, to be laid before H.M. for her signature. [C.O. 324, 9. p. 413.]
Oct 27.806. Resolution of the House of Representatives of the Massachusetts Bay, Oct. 27, 1709. The House gratefully acknowledges the good services of Col. Nicholson, and desire him to represent to H.M. their distressing circumstances, and to pray that H.M. would consider them with respect to this year's vast expence, and to send a force sufficient, early next spring, to reduce Port Royall, or in case of peace, that Nova Scotia and Port Royall may be restored to H.M. obedience, etc. Countersigned, John Clark, Speaker. 1 p. [C.O. 5, 9. Nos. 30, 31.]
Oct. 27.807. Mr. Attorney Generall to Mr. Popple. I am of opinion that the enclosed Act of Jamaica ought not to be allowed of and ratify'd by H.M. for the reasons I have mentioned in the margent of the copy you sent me. Signed, Ja. Mountague. Endorsed, Recd. Read Oct. 27, 1709. 1 p. Enclosed,
807. i. Act of Jamaica for the further quieting possessions etc. With marginal notes by the Attorney General:—I think 5 years too short a time to barr ye titles of persons who are proprietors of lands in Jamaica, etc. To make bargains and sales and other conveyances not of record to be of equall force with fines and recoveryes may be dangerous to subsequent purchasors not cognisant of such secret conveyances, etc. Signed, Ja. Mountague. 5½ pp. [C.O. 137, 8. Nos. 58, 58.i.; and 138, 12. pp. 482–494.]
Oct. 27.
Whitehall.
808. W. Popple to Wm. Blathwayt. The Council of Trade and Plantations desire you, as Auditor of the Plantations, would let them have, as soon as possible, the names of the persons that have patents for land in Jamaica lying between N.E. of Rio Grande and S.W. of Point Morant, which expressing the number of acres in each patent, how the same are situated, what quit rents are reserved, what arrears of quit rent there are due, and if you can what quantity of lands there are remaining in the said limits ungranted. [C.O. 138, 12. p. 481.]
Oct. 28.
Whitehall.
809. Same to William Penn. Encloses 2 Orders in Council Oct. 24, wherein you will give the necessary directions; also the reasons for the repeal of the Laws referred to, etc. [C.O. 5, 1292. p. 165.]
Oct. 28.
Whitehall.
810. Mr. Popple to the Earl of Carbury. Returns a paper relating to his lands in the Parish of St. Mary in Jamaica. [C.O. 138, 12. p. 494.]
Oct. 28 and
29.
811. Three Certificates in favour of Lt. Governor Hamilton. (Cf. Sept 16). Signed by H. Holt, Jos. Jory, N. Blakiston and 16 others. Endorsed, Recd. Read Nov. 1, 1709. 3 pp. [C.O. 152, 8. Nos. 34, 34.i.,ii.]
Oct. 29.812. Mr. Baber to Mr. Popple. Encloses following. Signed, John Baber. Endorsed, Recd. 1st, Read 10th Nov. 1709. Addressed. Sealed. 1 p. Enclosed,
812. i. John Baber, Secretary at Jamaica, in behalf of himself and others, to the Council of Trade and Plantations. Pray that the recent Act of Jamaica, for regulating fees, may be repealed, the rights of H.M. Patent Officers being thereby broke and great part of their fees restrained and taken away, etc. Signed, John Baber. 1 p. [C.O. 137, 8. Nos. 63, 63.i.; and 138, 13. pp. 31–33.]
Oct. 29.
Craven House.
813. Commission from the Lords Proprietors of Carolina to Edward Moseley and John Lawson, Surveyor General of N. Carolina, to settle the boundaries with the Commissioners of Virginia (Cf. Jan. 13, 1709). Signed, Craven Palatin, Beaufort, Craven for the Ld. Carteret, M. Ashley, J. Colleton, J. Danson, M. Ashley for Jos. Blake. [C.O. 5, 289. p. 233.]
Oct. 29.
Windsor.
814. H.M. Warrant revoking Col. Ingoldesby's Commission as Lt. Governor of New Jersey. Countersigned, Sunderland. 1½ pp. Set out, N.J. Archives, 1st ser. III. 474. [C.O. 5, 970. No. 87; and 5, 210. p. 171; and 5, 995. pp. 29, 30.]
Oct 29.
Windsor.
815. H.M. Instructions to the Governors of New York, New Jersey, Massachusetts Bay, New Hampshire, Barbados, Bermuda and the. Leeward Islands, for the use of enclosed Seals, and return of the old ones. Set out, N.H. Prov. Papers II. 610. The various seals are described as C.S.P. 1705. Nos. 1089–1097. Countersigned, Sunderland. [C.O. 5, 210. pp. 171–173; and 5, 1121. pp. 439–441; and 38, 6. pp. 471–473; and 5, 995. pp. 21, 22; and 5, 913. pp. 76–79; and 29, 12. pp. 36, 37; and 153, 10. pp. 380–382.]
Oct. 29.816. The Queen to the President of the Council of New York. No grants of land are to be made or passed till the arrival of Governor Hunter, etc. Countersigned, Sunderland. Endorsed, Recd. Read Nov. 10, 1709. 1½ pp. [C.O. 5, 1049. No. 132; and 5, 1121. pp. 443, 444; and 5, 210. pp. 184, 185.]
Oct. 30.
Bermuda.
817. Lt. Governor Bennett to the Council of Trade and Plantations. Encloses proceedings relating to a treasure trove. All that can be discovered yet is only 153½ ounces and 12 rials of Spanish silver coin. I have (with the Chief Baron) examined all such as could be imagined should be any way knowing in that matter, but to noe purpose. But I hope time may give more light, and shall take care to direct that the hearing of that cause shall be putt off till further discovery can be made, for I verily believe more mony was taken up. Your Lordps.' of July 15 I recd. Oct. 24, and doe conclude that the hearing of the complaints of these Islands against Mr. Jones, and also his against me are over, and I doe not doubt but my inocency and injuries have been made appear, and that your Lordps. have some way considered how to salve my injur'd reputation which has been everywhere for these eight years exposed by the clamours and insinuations of my most barbarous and unjust enemys. Refers to letter of Sept. 30. q.v. But being much better of late, I have inspected all the fortifications, stores and powder, and am preparing an account, and state of the whole in order for transcription, etc. Signed, Ben. Bennett Endorsed, Recd. Dec. 28, Read Jan. 13, 170 9/10;. Holograph. 2 pp. Enclosed,
817. i. Proceedings of a Court of Exchequer, Bermuda, Aug. 30, 1709, relating to some Spanish coin etc. found and concealed by John Hilton, referred to in preceding. Copies. 4 pp. [C.O. 37, 9. Nos. 5, 5.i.–iv.; and (without enclosures) 38, 6. pp. 483–485.]
Oct. 31.
Whitehall.
818. Mr. Popple to Mr. Solicitor General. Encloses for his opinion in point of Law, Acts of New York, Oct., 1708, (1) to relieve this Colony from divers irregularities and extortions; (2) for the easier partition of lands on the joint tenancy or in common. [C.O. 5, 1121. p. 442.]
Oct. 31.819. William Dockwra to the Council of Trade and Plantations. Encloses following, praying that they be considered before the settlement of Members of Council for New Jersey and Governor Hunter's Instructions, etc. Set out, N.J. Archives 1st ser. III. 475. Signed, Wm. Dockwra. Endorsed, Recd. Read Nov. 2, 1709. ¾ p. Enclosed,
819. i. Lt. Governor and Council of New Jersey to Governor Lord Lovelace, April, 1709, relating to their Address to H.M. complaining of the proceedings of the Assembly there. Signed, Richard Ingoldesby, Wm. Pinhorn, Wm. Sandford, Richd. Townley, Dan. Coxe, Roger Mompesson, Robert Quary. 20 pp.
819. ii. The Answer of Peter Sonmans to an Address to Governor Lord Lovelace from the Assembly of New Jersey, March 18, 1708. Printed. 26 pp.
819. iii. Address of the Lt. Governor and Council of New Jersey to the Queen. Mr. Lewis Morris and Samuel Jennings, a Quaker, are the cause of the irregular proceedings of the Assembly etc. We propose that your Majesty discountenance those wicked designeing men, and show some dislike of the Assembly's proceedings, who are resolved neither to support your Majesty's Governmts. by a revenue, nor take care to defend it, by settling a Militia, etc. Copy. 3 pp.
819. iv. Evidence in support of preceding Address. Copy. 12 pp.
819. v. Minutes of Assembly of New Jersey, May 5–12th, 1708. 9 pp.
819. vi. Lt. Governor and Council of New Jersey to the Queen, relating to the proceedings of the Quakers there. Attested by Francis Nicholson and Samuel Vetch. Copy. 3 pp.
819. vii. Petition of Peter Sonmans and William Dockwra to the Queen. Duplicate of C.S.P. 1702. Nos. 484, 484. i. Copy. 3 pp.
819 viii. Duplicate of Order of Council appointing Peter Sonmans to the Council of New Jersey, May 20, 1707. Copy. 1 p.
819. ix. Memorial of Committee of Proprietors of the Eastern Divisions of New Jersey to the Council of Trade and Plantations in favour of Mr. Sonmans etc. Feb. 1705/6. Copy. 2 pp.
819. x. Peter Sonmans to Governor Lord Cornbury. Capt. John Harrison, Judge of the Court of Common Pleas, by his opposition to complainant, encouraged the inhabitants of Newark to refuse to pay their quit-rents, etc. 1708. Copy. 2 pp.
819. xi. Copies of Address of Lt. Governor Ingoldesby to Col. Francis Nicholson, June 3, 1709; Address to H.M.; Two Acts and notes thereupon; all relating to the expedition pealing Act for relief of poor debtors. We also send you the reasons for the repeal of the said Act (Oct. 18), that you may aagainst Canada. 4 closely written pp.
819. xii. Copies of an Address of welcome delivered by Mr. Lewis Morris alone to Governor Lord Lovelace; with some satirical verses upon that occasion; Mr. Morris' reply to them in verse, and a reply to him. 5 pp.
819. xiii. Extract of Governor Lord Cornbury's letter Feb. 19, 1705, upon the suspension of Lewis Morris. C.S.P. 1705, No. 878. 3 pp.
819. xiv. Minutes of Council in Assembly of New Jersey, June 23–30, 1709. 8 pp.
The above documents are endorsed, Recd. Nov. 2, 1709. They are all set cut, N.J. Archives, 1st ser. III. 476–496. [C.O. 5, 970. Nos. 88, 88.i.–xiv.; and (without enclosures) 5, 995. pp. 25, 26.]
Nov. 1.
Whitehall.
820 Council of Trade and Plantations to Governor Seymour. Enclose Order, Oct. 24, revoid passing the like for the future. Enclose letter to be forwarded to the President of the Council of New Jersey. [C.O. 5, 727. pp. 139, 140.]
Nov. 1.
Whitehall.
821. Council of Trade and Plantations to the President of the Council of New Jersey. Enclose Order, Oct. 24, repealing Act for regulating negroes, etc., by reason the punishment inflicted on negroes etc. is such as never was allowed or known in the Laws of this Kingdom. [C.O. 5, 995. p. 24.]
Nov. 1.
Whitehall.
822. Council of Trade and Plantations to the Lord High Treasurer. Having been in treaty with the Earl of Carbury for his lands [see Oct. 18] lying in the parish of St. George,