Journal, May 1709
May 2. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.
Letter from the Earl of Sunderland about a trade to Turin.
Italian merchants summon'd.
A letter from the Earl of Sunderland of the 21st of the last month, referring to this Board the extract of a letter from Mr. Chetwynd, her Majesty's envoy at Turin [fo. 418], relating to a trade between this kingdom and the territories of the Duke of Savoy, was read; whereupon ordered [fo. 77, 78] that the Governor or Deputy Governor and some of the members of the Lustring Company, as likewise some of the merchants trading to Italy, have notice to attend the Board on Wednesday morning next.
Sir John Bennet and Mr. Jones about complaints.
The said complaints to be heard on Monday.
Sir John Bennet and Mr. Jones attending [fo. 68, 85], as they were directed the 21st of the last month, their lordships proposed to them the hearing only of the most material articles of the complaints from Bermuda, and postponing the others of less moment, as the best method for coming to a speedy determination of the said complaints, but Mr. Jones desiring that their lordships would hear the whole, they appointed Monday morning next for entring upon the hearing thereof accordingly.
Mr. Nevin about complaints against Col. Parke.
Mr. William Nevin attending [fo. 63, 92], presented to their lordships a memorial containing a list of depositions, as also other papers, in proof of some of the articles of complaint against Colonel Park, Governor of the Leeward Islands, the titles whereof are as follows, vizt.:
Proofs relating thereto.
Abstracts of the petitions to the Queen from the merchants of London, Bristol and Leverpool, and from the inhabitants of the Island of Antigua, against Daniel Parke, esquire, Governor of the Leeward Islands, complaining of his male administration, and also of 22 articles signed by the said inhabitants of Antigua against said Parke and some additional articles, being further particulars of the general charge against him of male adminstration.
An abstract of depositions and other papers relating to the complaints against Colonel Parke, Governor of the Leeward Islands.
An abstract of the minutes of the Councill and Assembly of Antigoa from November 28th, 1707, to June the 14th, 1708.
A referrence to the pages of the Minutes of the Assembly of Antigoa which relate to the 4th, 5th, 6th and 7th and 9th articles of complaint against Colonel Parke.
And a general referrence of the depositions and papers against Colonel Parke to the articles of complaint to which they respectively relate.
Some particulars humbly offer'd to the consideration of the Lords Commissioners for Trade and Plantations in relation to the complaints against Colonel Parke.
And a proposal thereon.
A draught of the conditions of the bonds proposed to be entred into for the indemnification of Colonel Parke, if acquitted by her Majesty of the complaints against him.
Mr. Perry summon'd.
Which memorial together with the papers mark'd No. 5 were read, and their lordships agreeing to communicate the paper mark'd No. 6 to Mr. Micajah Perry [fo. 75], to know if he has any objections thereto, ordered that he have notice to attend the Board thereupon to-morrow morning.
Order of Council on representation relating to the sale of leather at Bruges.
Copy of an Order of Council of the 3rd of March last upon a representation of the 2nd ditto [fo. 33], upon the memorial of the merchants trading to Bruges, relating to the sale of tanned leather and calves’ skinns in that city, approving the same, and directing the Earl of Sunderland to signify her Majesty's pleasure to her Minister at Bruxells, that he use his best endeavours there for the taking off the prohibition of selling the said leather &c., was read.
Order of Council on representation about boundaries &c.
and Commissioners to settle the same.
Copy of an Order of Councill of the 31st of March last [fo. 44], upon a representation of the 14th ditto relating to the ascertaining and settling the boundaries between Carolina and Virginia, approving the same, and directing the Lord High Treasurer to give directions to the Commander in Chief of Virginia to issue out of her Majesty's revenue there a summe for defraying the charges of two Commissioners to be appointed on the part of Virginia, to settle the said boundaries in conjunction with those of Carolina, was read.
Order of Council on same representation about charge of the said Commissioners.
Copy of another Order of Council of the same date [fo. 44], upon part of the same representation, approving thereof, and directing the Earl of Sunderland to prepare letters mandatory to the Commander in Chief of Virginia &c., to issue out a commission to two Commissioners [fo. 228] to act in conjunction with those in Carolina, for settling the boundaries between that colony and Carolina, was read.
Order of Council approving Mr. Salter to be of the Council.
Copy of an Order of Council, of the 31st of March last [M. fo. 354], upon a representation of the 3rd of December, 1708, proposing Mr. Timothy Salter to be a member of her Majesty's Council of Barbadoes in the room of Mr. Patrick Meine, who will return no more thither, approving the same, was read.
Order of Council for two new counsellors.
Copy of an Order of Council, of the same date, upon a representation of the 15th ditto [fo. 45], proposing Mr. Mark Hunkins and Mr. Thomas Packer to be members of her Majesty's Council of New Hampshire, approving the same, was read.
Letter from Mr. Crow.
A letter from Mr. Crow, Governor of Barbadoes, dated the 2nd of March last, was read, and the papers therein referr'd to were laid before the Board, and are as follows, vizt.:
Papers therein referr'd to.
Copy of Mr. Crow's letter to the Board of Ordnance, inclosing a list of the ammunition and stores in the magazine in Barbadoes.
Account of the Ordnance stores in the several divisions in Barbadoes.
A list of stores in the magazine and batterys in Barbadoes.
Proceedings of the Grand Jury in Barbadoes against Mr. Alexander and William Walker relating to Mr. Lillington.
Minutes of Council from the 30th of August to the 22nd of December, 1708.
Minutes of Council of Barbadoes of the 6th and 8th of January, 1708/9.
Minutes of the Assembly of Barbadoes from the 31st August, 1708, to the 15th February, 1708/9.
Naval officers’ list of ships in Barbadoes from the 25th September, 1708, to the 24th of December following, inclusive.
Four Acts past in Barbadoes in January and February, 1708/9.
May 3. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.
Mr. Perry about bond to indemnify Col. Park.
Mr. Micajah Perry attending, as directed yesterday [fo. 72, 91], the draught of a bond for indemnifying Colonel Park his costs and charges, if her Majesty shall think fit to call him over to answer the complaints against him, was delivered to Mr. Perry, that he may advise with Councill upon the validity thereof.
Letter from Col. Jennings about negroes.
A letter from Colonel Jennings, President of the Council of Virginia, of the 27th November, 1708 [M. fo. 111], in answer to one writ him the 15th of April foregoing, relating to negroes brought thither from Africa &c., and the papers therein referr'd to were read, the said papers are as follows, vizt.:
Papers therein referrd to.
Number of negroes imported into Virginia from Africa, by the way of Barbadoes, from June, 1699, to October, 1708.
Number of negroes imported into Virginia directly from Africa, from June, 1699, to October, 1708.
Letter from Col. Jennings.
A second letter from Colonel Jennings, of the same date, and the papers therewith transmitted, were read, which papers are as follows, vizt.:
Papers of publick proceedings.
The Councill of Virginia's answer to several enquiries contained in a letter from this Board to Colonel Hunter, dated the 7th May, 1707.
Copy of a memorial from the Governor of William and Mary College in Virginia, to Colonel Jennings relating to goods seized by the governments of Carolina, with the opinion of the Councill thereupon.
List of the present Councill of Virginia, as also of persons fit to supply vacancies therein.
List of the militia in the several counties of Virginia, 1708.
Answer to be prepared.
Whereupon directions were given for preparing answers thereunto.
Letter to Mr. Lowndes about Acts for setling ports and towns.
Ordered that the secretary do write to Mr. Lownds to move the Lord High Treasurer that their lordships may have the opinion of the Commissioners of her Majesty's Customes upon an Act past in Virginia [fo. 276], for settling of towns, ports, wharfs, and keys (exclusive of others) for the lading and unlading of ships, which was transmitted to Mr. Lownds, the 4th of December, 1706.
Memorial from Capt.
Moody about future government of Newfoundland.
A memorial from Captain Moody [fo. 299], touching several matters relating to the future government of Newfoundland, was read. Whereupon their lordships agreed to take the same into consideration at a convenient opportunity.
May 4. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.
Letter from the Earl of Sunderland about settling some poor German Protestants.
Lutheran ministers to attend.
A letter from the Earl of Sunderland, of yesterday's date, signifying that some hundreds of poor German Protestants are lately come, and that more are coming from the Palatinate to this kingdom, and directing this Board to consider of a method for settling the said Germans in some part of this kingdom, was read; whereupon ordered [fo. 82] that some of the Lutheran ministers in the Savoy have notice to attend the Board to-morrow morning.
Lustring company about trade to Savoy proposed by Mr. Chetwind.
Copy of the said proposal to be given them for their answer.
Two of the members of the Lustring Company attending [fo. 69], as directed the 2nd instant, the extract of Mr. Chetwyn's letter relating to a trade between this kingdom and the territories of the Duke of Savoy, mentioned in the minutes of the 2nd instant, was read. And they being asked several questions thereupon, they said that the only silk used by them for making lustrings and alamodes was Piemont silk; that the Company import about 100 bales of that silk a year; that the whole imported either for Spittle Fields or other silk manufactures was about 500 bales a year; that it is brought from Turin to Holland over land; that this proposal of Mr. Chetwynd's might turn to the advantage of this kingdom if the high duties payable on our woollen manufactures at Turin were moderated, and brought to a levell with those payable on French woollen manufactures, in which case our exports thither might be made by the way of Nice. These gentlemen then desired that they might have a copy of Mr. Chetwynd's proposal for their further consideration [fo. 69, 123], and promised to bring their lordships their opinion thereupon in writing.
Italian merchants upon the said proposal of a trade to Turin.
Copy thereof to be given for their answer, and for an account of the duties laid on British and French draperies there.
Mr. John Mead and several other Italian merchants attending [fo. 69], the said extract of Mr. Chetwynd's letter was again read, and, being asked several questions, they said that they were not then prepared or able to answer the particulars therein mentioned, and therefore desired to have a copy thereof, that they might consider the same, and lay their answer thereupon before their lordships in writing. Whereupon ordered that the same be sent them accordingly, and that they be further desired to let their lordships have an account of the duties laid upon our British draperies at Turin, as also an account of the duties payable on the French draperies there.
The said merchants communicate some hardships they lye under in relation to trade.
Then these gentlemen communicated to their lordships the heads of several hardships they laboured under in relation to the exportation of tin—the ill curing of pilchards—and the payment of seamen's wages in foreign parts, and, being desired, they promised to lay a full state of those matters before their lordships in writing.
Eastland merchants about consuls at Norway and Elsinore.
The merchants trading to the East country and the Baltick also attending [fo. 67, 82], as directed the 18th of April last, part of the letter from Mr. Pulteney, her Majesty's envoy at Denmark, of the 6th of April last, relating to the conveniencies of consuls in Norway and at Elsimore [fo. 241], was read; whereupon they said that as they were not concerned in the trade to Norway, they had nothing to offer on that head, but as to the establishing a consul at Elsinore, they did not think it necessary, and had formerly presented some reasons against it to the Secretary of State, which they promised to communicate to their lordships.
And about the advantages the Dutch have over the English in their trade to the Baltic &c.
Then another part of the above mentioned letter relating to the advantage the Hollanders have over the subjects of Great Britain in their trade to the Baltick [fo. 69, 81], by reason of their bringing authentick certificates of the particulars of their lading, was also read; and these gentlemen being ask'd several questions, they said that by the Treaty of Commerce between Holland and Denmark, the said certificates are allow'd to be valid, whereas our ships, carrying cockets only of their lading, which they deliver at Elsinore in order to their having a roll of their lading made up (some of which cockets may be concealed or mislaid), are liable to be searched, which often is a cause of their being detained there longer than the Hollanders, who by reason of their certificates are not detained by any further search.
Extract of Mr. Pulteney's letter and copy of a certificate to be given them for their answer.
These gentlemen being further ask'd if they did desire to have the like certificates as the Hollanders had for prevention of their being delayed, they said that they should be glad to have such certificates, if his Danish Majesty could be prevailed with to agree to it in the same manner as he now does to the Dutch; whereupon they were acquainted that, if they would concert that matter among themselves, and lay before their lordships what they should have to offer thereupon, that then their lordships would do all that in them lay for their ease and the benefit of that trade, and these gentlemen, the better to inable them to consider how the same may be done, desired that they might have extracts of the aforesaid letter [fo. 80, 205], as likewise a copy of the certificate annex'd thereto, in order to their laying their thoughts thereupon before this Board in writing, which was ordered to be sent them accordingly.
May 5. Present:—The Earl of Stamford, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.
Consul for Norway.
Their lordships taking into consideration what the Eastland merchants [fo. 79] said yesterday at the Board in relation to a consul's being established in Norway, ordered that some of the Norway merchants have notice to attend the Board on Tuesday morning next.
Order of Council referring laws.
An Order of Councill of the 28th of April last, referring to this Board [fo. 84] several Acts past in Pennsylvania in 1705, was read, and their lordships, taking the said laws into consideration, read 19 of them.
Lutheran minister at the Board about poor Germans.
One of the Lutheran ministers attending, as directed yesterday [fo. 77, 84], and being asked several questions in relation to the poor German Protestants, mention'd in yesterday's minutes, he said that 300 men, women and children were already come over, that most of them were husbandmen, and some few joyners and carpenters; that they are poor and have nothing to subsist on but what is given them in charity, and are therefore threatned to be turn'd out of the house they are lodged in; he added that there were 700 more of the said poor Germans now at Rotterdam, who are expected over, and he promised to make a further enquiry into the circumstances of these poor people, and give their lordships an account thereof in writing as soon as possible.
May 6. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.
Letter from Mr. Lowndes about galleon taken by Capt. Wager.
Answer to be made.
A letter from Mr. Lowndes, desiring to know what accounts at any time have been sent to their lordships from Jamaica, concerning the galleon taken by Commodore Wager in the West Indies, for the information of my Lord High Treasurer, was read; and directions given for preparing an answer thereto.
Letter from the Earl of Sunderland about poor Germans.
A letter from the Earl of Sunderland, signifying her Majesty's pleasure, that this Board do make enquiry into the number and condition of the poor German Protestants lately come from the Palatinate to this kingdom [fo. 82, 94], was read; and directions given for writing a letter to the Lutheran minister in the Savoy thereupon, that they do make such enquiry, and give their lordships an account thereof on Monday morning next.
Order of Council on the petition of Mr. Lloyd about a negro slave &c.
An Order of Council of the 18th of April, 1709 [fo. 93], referring to this Board the petition of Richard Lloyd, praying that a negro slave belonging to him in Jamaica, and banish'd from that island on suspition of having poisoned a negro child there, may receive her Majesty's pardon, was read.
Their lordships again took into consideration the laws past in Pennsylvania in 1705 [fo. 82, 106], mentioned in yesterday's minutes, and read five of the said laws.
May 9. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.
Hearing of complaints of the Assembly against Mr. Jones.
This day having been appointed to hear the complaints of the Assembly of Bermuda against Mr. Jones, secretary and provost marshall of that island [fo. 70, 89], Sir John Bennet and Mr. Nodin attended in behalf of the island, with Sir Thomas Parker and Sir Peter King, their council; and the said Jones, with Mr. Ayres, her Majesty's Solicitor General, and Mr. Phips, his council, attended on the other side. Then the Earl of Sunderland's letter of the 8th of December last, referring to this Board the petition from the Council, Assembly, Judges, Justices of the Peace, clergy, officers, both civil and military, and other the inhabitants of the Bermuda Islands, against Mr. Jones, which had been read the 13th of December last, was again read, as also an Order of Councill of the 18th of August last, referring to the Board the petition of Mr. Jones, containing a charge against Colonel Bennet, Lieutenant Governor of that island.
Then the Councill for the island entered upon the 19 articles, which had been exhibited against Mr. Jones by the General Assembly of that island, the 27th of June, 1701.
As to the first of the said articles, relating to Mr. Jones's not being qualified for the place of provost marshall by having no estate in the island, and by not having enter'd into recognizance, they waved the same.
In proof of the second, tenth, twelfth, and fifteenth articles, relating to Mr. Jones's extorting and exacting unreasonable fees [Bun. H. No. 6, vide 55 and 56], they produced a presentment from the Grand Jury at an Assize held in that island the 25th of February, 170½, setting forth that the said Jones, by colour of his office, had exacted and by extortion taken unreasonable fees from Mr. John Dickenson and others, together with the judgment of the Court thereupon [ibid., vide 59]. They also produced the affidavits of Samuel Spofferth (of which there are two) [ibid., vide 7 and 31], Anthony White, John Rawlins, and the foresaid John Dickinson [ibid., No. 20, vide 9 and 5], which affidavits confirmed the said four articles, and that the fees so extorted by Mr. Jones was contrary to an Act of Assembly, which does regulate what fees are to be taken.
In proof of the 3rd article, relating to Mr. Jones's ill usage of his prisoners, they produced the affidavits of Anthony White and Samuel Spofferth aforesaid [Bun. H. No. 6, vide 7 and 20], setting forth that the said Jones had deny'd bedding to be brought into his prisoners to lye on; as likewise his having restrained their liberty so far that they were obliged frequently to take their meat and drink under the prison door, and in at the windows thereof.
To the fourth, fifth and fourteenth articles, relating to Mr. Jones's imprisoning Colonel White and Mr. Thomas Smith, without a warrant, and to the laying of gun powder in the room where they were kept, they produced the affidavit of Anthony White, senior, and John Rawlins aforesaid [ibid., vide 18 and 9].
The counsell for the island waved offering any proof to the 6th article, relating to Mr. Jones's having declared upon oath that Thomas Smith did make an escape from him.
In proof of the seventh article, relating to perjury charged upon Mr. Jones, they produced the proceedings of a court of Assize held in Bermuda on the 25th of February, 170½ [ibid., vide 51], whereby it appear'd that he was tried, convicted and fined for the said perjury.
To the eighth, ninth, thirteenth and nineteenth articles, relating to the violences used by Mr. Jones in the execution of his office, and to the abusive language to several persons in the island, they produced the presentment of the Grand Jury at the Assizes aforesaid [Bun. H. No. 6, vide 54, 56, 58 and 59], together with the judgment of the Court thereupon, as likewise the aforementioned affidavit of Anthony White, senior [vide 18].
To the eighth, ninth, thirteenth and nineteenth articles, relating to the violences used by Mr.Jones in the execution of his office, and to the abusive language to several persons in the island, they produced the presentment of the Grand Jury at the Assizes aforesaid [Bun. H. No. 6, vide 54, 56, 58 and 59], together with the judgment of the Court thereupon, as likewise the aforementioned affida vit of Anthony White, senior [vide 18].
To the eleventh article relating to Mr. Jones's having served executions on Colonel White, granted by Gilbert Nelson, late Chief Justice, though he had no jurisdiction of the matter, they offered no proof.
In proof of the sixteenth article, relating to Mr. Jones's neglect of having ammunition in the castle, when he was commander thereof, they produced the foremention'd presentments [ibid., vide 54 and 59], together with the judgment of the Court thereupon.
In proof of the 7th (sic) article, setting forth that Mr. Jones did act as one of the Council of Bermuda, whereby he was one of the Judges in Chancery, at the same time that he was provost marshall, they produced the affidavit of Samuel Sherlock [vide 45], deposing that being one of the Council of that island at the time Mr. Day was Governor, he knew the said Jones to be a member of the Council, and that he had acted in all the said places.
No proof was offer'd to the 18th article.
Then the counsel for the island rested it here, till Mr. Jones's Council had made their reply, but Mr. Eyres having been called away, and Mr. Jones desiring that their lordships would adjourn his answer till Mr. Ayres could be here, their lordships agreed to proceed further in this matter at eight of the clock to-morrow morning.
May 10. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Pulteney, Mr. Monckton.
Sir John Bennet and Mr. Jones with their counsel.
Sir John Bennet and Mr. Jones attending [fo. 85, 92], with the same counsell as yesterday, Mr. Jones's counsell entred upon his defence, and taking notice that part of the proofs to several of the articles against Mr. Jones, consisted of indictments and presentments from the Grand Jury at an Assize at Bermuda against the said Jones, and the judgments of the Courts thereupon; they offered to give proofs to invalidate those presentments and judgments; but the counsel on the other side objected thereunto, alledging that according to law, no averment against a matter of record ought to be admitted, whilst the said record remained in force, which is the present case; that Mr. Jones, if he had found himself aggrieved, might have proceeded in the regular way, by writ of error, to have had the said judgement reversed; and till that was done, the said judgements ought to be received as full evidence; to which Mr. Jones's counsel reply'd that he had several times petitioned the Governor for a writ of error, which was refused him, and they produced an affidavit of Mr. Nitchel to that purpose; but the counsel on the other side observed, from the copy of Mr. Jones's petition, that the prayer being for a writ of error to remove the cause before the Assembly, the Governor could not grant the same. And a debate arising thereupon between the Council on both sides, which continuing several hours, they were in the end ordered to withdraw, and their lordships agreed to represent this matter specially to her Majesty, for her pleasure whether their lordships shall hear what Mr. Jones's counsel have to offer against the validity of the said presentments and judgments, or whether the said Jones shall be concluded by that evidence; and in that case, whether her Majesty will not think fit to direct that writs of error be allow'd to the said Jones, that he may endeavour to get the said judgments reversed. The Council being thereupon called in again, they were acquainted with their lordships’ resolution, whereupon they agreed to proceed no further at present, but to attend their lordships again on Wednesday, the 18th instant, at eight a clock in the morning.
Mr. Perry with counsel about a bond proposed by Mr. Nevin to indemnify Col. Park upon his revocation to answer complaints.
Mr. Perry attending, with Sir Thomas Parker and Mr. Phips [fo. 75, 161], they acquainted their lordships that they had consider'd the draught of a bond to indemnify Colonel Park, presented to their lordships by Mr. Nevin, the second instant, and communicated to Mr. Perry the 3rd, and they were of opinion that the said bond would not by any means (as it was drawn) answer the end intended; however, if any bond for that purpose was to be given, it ought to be absolute and not conditional, and to be entred into here, and they desired that they might be heard, before their lordships took any final resolution in relation to the calling of Colonel Park over; which their lordship agreed to, and resolved on Thursday morning next to consider the proofs that Mr. Nevin left here the second instant, to see whether they be of sufficient weight to induce their lordships to report to her Majesty that Colonel Parke be sent for over to answer the articles exhibited against him.
Mr. Nevin attending [fo. 70, 96], was acquainted their lordships intended to consider on Thursday next, the proofs he laid before them the 2nd instant.
May 12. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Monckton.
Draught of a letter to the Earl of Sunderland upon hearing against Mr. Jones.
Sent to Sir Thomas Parker and Mr. Eyre.
Their lordships taking into consideration the draught of a letter to the Earl of Sunderland upon the resolution of the Board on the hearing on Tuesday last of the complaints from the Council and Assembly of Bermuda, against Mr. Jones [fo. 89, 96], ordered that a copy of the said draught be sent to Sir Thomas Parker, counsel for the island, and Mr. Eyre, counsel for Mr. Jones [fo. 97], for their joint perusal, that, if they have anything to offer thereupon, they do the same in writing as soon as possible.
Col. Lloyd about his petition relating to a Negro of his banished the island
Colonel Lloyd attending, the Order of Council of the 18th of the last month [fo. 84], referring to this Board his petition to her Majesty, praying that a negro slave belonging to him in Jamaica, and banished from that island on suspition of having poison'd a negro child there, may receive her Majesty's pardon (mentioned in the minutes of the 5th instant), was again read; and the said Lloyd being asked several questions thereupon, he said that the reason of his petitioning for his pardon was because he did verily beleive the said negro was not guilty of the crime he suffered for, that he had been committed and condemned to be transported upon bare suspition only, which was no conviction in law. He then communicated to their lordships part of a letter from one of his correspondents in Jamaica, giving an account of the tryal of the said negro. Then being further asked if he had any affidavit to prove the innocence of the said negro, and if he knew where the said negro now was, he said that he had not, but could procure one or more from Jamaica; that the negro was come to this kingdom, and had been with him ever since July last. He added that as Brigadier Handasyd was none of his friend, and that he could expect little favour or friendship from him in this matter, and that it was probable a new Governor would be sent thither in some short time (Brigadier Handasyd having desired to come home), he was willing to defer this matter till then, to the end the same may be referred to the person who shall be appointed to succeed him; and that in case he should find upon his arrival in that island that the said negro was innocent of the said crime of poisoning the child aforementioned, that then he might be restored and permitted to return again to Jamaica, he being so usefull to the petitioner's plantation there.
Messrs. Tribeko and Ruperti about poor Protestants.
Memorial of their condition.
Letter to the Earl of Sunderland about their subsistance.
Monsieur Tribbeko and Monsieur Ruperti, two of the Lutheran ministers here, attending in relation to the poor German Protestants lately come from the Palatinate [fo. 84, 96] (mentioned in the minutes of the 5th instant), they presented to their lordships two memorials, setting forth the calamitous condition of those poor people, together with an account of their number, amounting in all to 852 persons, men, women and children, their several trades and occupations; which were read; and these gentlemen being asked several questions thereupon, they said that several of them had died of want since their coming over; that they had no subsistance left; that they could not speak English, and therefore none of them had as yet got any business or employment here, but possibly might do it, in some time, when they had learned the language. Then being asked further what allowance they thought would be necessary for their present support, till some provision could be otherwise made for them, they said they could not readily tell, but would withdraw, and as near as possible make a calculation thereof; and having done the same, they returned, and proposed that sixteen pounds per day might be allowed the said 852 persons for their present support and subsistance; whereupon a letter to the Earl of Sunderland [fo. 98], signifying the same to his lordship, was drawn up and signed.
May 16. Present:—Earl of Stamford, Sir Philip Meadows, Mr.Monckton.
Mr. Ludolph and Justice Chamberlain Memorial about poor Protestants from the Palatinate.
Mr. Ludolph and Justice Chamberlain attending, presented to their lordships a memorial [fo. 94], setting forth the reason of the poor German Protestants coming over to this kingdom from the Palatinat; which being read was return'd to them again.
Memorial from Mr. Jones about hearing of complaints.
Mr. Jones and Sir John Bennet summon'd.
Mr. Jones attending [fo. 93, 97], presented to their lordships a memorial upon the hearing of the complaints against him the 10th instant, praying that no further proceedings therein may be made till there shall be a full Board, which was read; whereupon ordered that Mr. Jones and Sir John Bennet have notice to attend their lordships to-morrow morning.
Complaints against Col. Parke.
Their lordships took into consideration the proofs to several of the articles of complaint against Colonel Parke [fo. 92, 149], and made some progress therein.
May 17. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Monckton.
Bennet and Jones.
Further hearing of complaints put off.
Sir John Bennet, Mr. Nodin and Mr. Jones attending, as directed yesterday [fo. 96, 273], the memorial from Mr. Jones read the same day, praying that no further proceedings may be made in the hearing of the complaints against him from Bermuda, till there shall be a full Board, was again read; and Sir John Bennet acquies'd thereunto, and at Mr. Jones's desire the further hearing of those matters was deferr'd till about Michaelmas term next, Sir John Bennet also agreeing thereto.
Draught letter to the Earl of Sunderland upon the late hearing alter'd by counsel of each side.
The copies of the draught of a letter to the Earl of Sunderland, upon the hearing of the complaints on Tuesday last, delivered by the secretary to Mr.Eyres of counsel to Mr. Jones [fo. 93] and to Sir Thomas Parker, of councill for the Island of Bermuda, pursuant to their lordships’ direction the 12th instant, being now returned together with the said counsel's alterations thereon, the same were read.
Letter from the Earl of Sunderland.
Provision for several poor people from Germany.
Letter to the Earl of Sunderland.
A letter from the Earl of Sunderland of the 15th instant (in answer to one writ him the 12th ditto) [fo. 95, 118], signifying that her Majesty had given orders for supplying the poor Germans as had been proposed in the said letter, till they could be otherwise provided for, and that her Majesty was desirous to have the opinion of this Board, how such provision might be made for these poor péople &c., was read; whereupon their lordships taking the same into consideration, and finding great difficulties in proposing a method to imploy them in such manner as they may be able to support themselves here, a letter to the Earl of Sunderland, acquainting his lordship therewith, and desiring that he would give this Board an opportunity of conferring with him on that affair, was signed.
Mr. Tribbeko, Ruperti &c. to attend.
Ordered that Mr. Tribbeko and Mr. Ruperti, two of the Lutheran ministers [fo. 99], as likewise Mr. Chamberlain and Mr. Ludolph have notice to attend the Board to-morrow morning.
May 18. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Monckton.
Mr. Tribbeko, Ruperti &c. about several poor German Protestants.
Mr. Tribbeko, Mr. Ruperti and Mr. Chamberlain attending as directed yesterday [fo. 98, 103], in relation to the poor German Protestants lately come from the Palatinate, and being asked several questions, and particularly if they knew how these poor people might be provided for in this kingdom, they said that the tradesmen among them were able to work here if they could but find employment; that as to the husbandmen, they might also be provided for, if they could but procure any work for them. Then being asked how many of these people, as well men as women, were able to work, they said that they did beleive all the men that were not sick were capable of working, but that as to the women and children, they thought they could do little else but spin or knit; they added that many of these people were of the same country as those gone to New York with the Lord Lovelace, and had expressed a great desire of being transported thither.
Then these gentlemen being desired to make a list of such of those poor people as are capable to get their living by work, and such as cannot by reason of their age or otherwise, they promised to do the same accordingly.
Letter from the Earl of Sunderland.
Treaties of commerce with France.
A letter from the Earl of Sunderland of the 16th instant [fo. 101], directing this Board to consider the several treaties of commerce that have been set on foot these 60 years last past between England and France, whether such as have been actually concluded and executed, or such as have been only entred into and under negotiation, was read.
Letter from Mr. Secretary Boyle. English claim to places in the West Indies possess'd by the French &c.
Places taken on each side.
A letter from Mr. Secretary Boyle of the 17th instant [fo. 102], directing this Board to report to her Majesty a truestate of the pretentions of the Crown of England to any colonies or places in the West Indies, which are now in the hands of the French, and to give an account of what towns, places or territories they have taken from us in these parts, during this present war, or we from them, was also read; whereupon ordered that all treaties in this office relating to commerce with France be look'd out and laid before their lordships; as also all other papers relating to the titles of the French or English Plantations in America.
May 19. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Monckton.
Treaties of commerce with France.
Letter to the Earl of Sunderland.
Their lordships taking into consideration the letter from the Earl of Sunderland of the 16th instant [fo. 100, 102] (mention'd in yesterday's minutes), directing this Board to consider the several treaties of commerce that have been set on foot these 60 years last past, between England and France, they read the project of a treaty with France, prepared by this Board in 1697; and a letter to his lordship signifying that there are only in this office a Treaty Marine of the 24th of February, 1677, and the aforesaid project, and desiring that all the other treaties &c. might be laid before their lordships, was signed.
Letters to several persons for memorials to be concern'd in a treaty.
Letters to several persons about English claim to places in the West Indies possess'd by the French.
Their lordships gave directions for writing to the Mayors of Exeter and Bristol and to several other persons [fo. 117] for such memorials, as they may think proper to be had in consideration, at the framing of a treaty of commerce with France [fo. 101, 114]; then their lordships taking into consideration the letter from Mr. Secretary Boyle also mentioned in yesterday's minutes [fo. 100, 113], directing this Board to report to her Majesty a true state of the pretentions of the Crown of England to any colonies or places in the West Indies, which are now in the hands of the French &c., ordered that letters be writ to the Governor or Deputy Governor of the Hudson's Bay Company; to Mr. Campbell and Mr. Merrit, concerned in the trade to Newfoundland; to Mr. Rowland Tryon, concerned in the trade to the West Indies; to Colonel Lodwick, concerned in the trade to New York; for an account of such incroachments as have been made by the French upon her Majesty's dominions in any of the said places.
May 21. Present:—Earl of Stamford, Sir Philip Meadows, Mr. Monckton.
Mr. Tribbeko about several poor Germans.
Mr. Tribbeko attending in relation to the poor Germans [fo. 99, 104], and being asked if he had brought the list of such of these poor people as can work, as well as of those that cannot, as he had been desired the 18th instant, he said that the said list was made, and was now transcribing, in order to its being laid before the Board on Monday morning next; and added that there were 200 of the men (who are most of them married) able and fit to get a maintenance by working; that a taylour, a joyner, and two or three more of them had got into business; that there were also 100 of the women that could knit and spin, and get a livelyhood that way; that as to the rest, he did beleive they would be able to do but little, some being old and infirm, and others too young; that these people were now in a pretty good condition, being better accommodated as to lodging than before, and that, at a meeting in the city, it had been agreed among some gentlemen there to send about 80 of the said poor people to Camberwell, for better accomodation.
Then being asked, if some of the Queen's charity to them were to be laid out in purchasing certain quantities of flax or wooll, whether by working and spinning the same, they could make such improvements, as might inable them to provide and subsist themselves, he said that possibly they might in case they were furnish'd with wheels and other necessary materials for carrying on such a work, but not being able to give a direct answer to this matter, he promised to inform himself further, and give their lordships an account thereof on Monday next.
May 23. Present:—Earl of Stamford, Lord Dartmouth, Sir Philip Meadows, Mr. Monckton.
Mr. Tribbeko and Ruperti.
List of poor Germans able to work, and such as are sick, children &c.
Mr. Tribbeko and Mr. Ruperti attending [fo. 103, 108], they presented to their lordships a list of such of the poor Germans as are able to work for their livelyhood, and also of such as are now sick, together with the number and ages of the children, as well boys and girls, the abstract whereof was read; but these gentlemen not having any copy of the said list, they desired that they might have it back again, to inable them to make further enquiries into these peoples’ condition and circumstances, and to add to the said list as there should be occasion, which when they should have done, they promised to return again; whereupon the same was given them accordingly.
More arrived from Holland.
They had acquainted their lordships that there were thirteen hundred more poor Germans come from Holland, and were now on ship board in the river till some place could be found to lodge them in. They also acquainted their lordships that her Majesty had been pleased to allow the 852 poor Germans 20l. per day instead of 16l., as at first proposed.
Then being asked if all the women mentioned in the aforesaid list could spin, they said that they could, and being desired to get some person to enquire about what these people could do in relation to spinning, and what improvement they might possibly make therein; as likewise to give in an account in writing of the materials necessary to be provided for setting them to work, together with the charge thereof, they promised to do the same, and give their lordships an account thereof accordingly.
Laws under consideration.
Their lordships proceeded into the consideration of the laws of Pennsylvania, mentioned in the minutes of the 6th instant [fo. 84, 110], and read five of the said laws, and agreed to ask Mr. Penn why in the last clause of the law entituled An Act for the better improving a good correspondence with the Indians, folio 27, the Indian traders are forbid to carry or dispose of any skins and furrs out of Pennsylvania.
Memorial relating to the tobacco trade with France.
Mr. Richard Perry and other Virginia merchants attending, presented to their lordships a memorial relating to the tobacco trade, praying that, in the Treaty of Peace to be made between this kingdom and that of France, it may be provided that a free importation of tobacco, both leaf and manufactur'd, may be allow'd to the subjects of both nations under as easy a duty as can be obtain'd, not subject to any farm or monopoly; which memorial was read. Whereupon being asked what duties had been laid formerly in France upon tobacco imported thither, Mr. Perry said that before the year 1688, 40 sols. per pound had been paid for it; that before the last warr they had no trade with France in that commodity; the first commencement thereof being in the short interval of peace between the two kingdoms.
Act about poor debtors.
Then these gentlemen presented to their lordships the copy of an Act past by the General Assembly of Maryland about December last [fo. 213], entituled An Act for relief of poor debtors and languishing prisoners, together with their remarks thereon, and desiring that the same might be repealed, it being of such a nature, that it would totally ruin all credit there. They were acquainted that as Colonel Seymour had not transmitted the same hither under the seal of the province, this Board could not take any cognizance thereof; but that, when the said Act should come before them, they would take the same into consideration, and report thereupon to her Majesty.
Sir Stephen Evans.
Petition of the company about their title to that place.
Copies of transactions between England and France relating thereto.
Sir Stephen Evans, Governor of the Hudson's Bay Company, attending, he presented to their lordships the copy of the petition from the said Company to her Majesty [fo. 115], setting forth their right and title to that place, and praying that the French King may be obliged by the insuing Treaty of Peace to renounce all right or pretention to the said Bay &c., and to make restitution of what they robbed and dispoil'd the said Company in times of perfect amity, was read. He likewise presented to their lordships copies of the transactions between England and France relating to the said Bay in 1687 and 1699, as also a mapp thereof. He then acquainted their lordships that her Majesty had been pleased to give directions to the Duke of Marlborough and the Lord Townsend her Ambassadors, according to the prayer of the said petition, and that two of the members of the said Company were gone over to Holland on this occasion.
Memorial from the Mine Adventurers about imploying some of the poor Germans.
A memorial from the United Governors, Assistants and Society of London for Mines Royal and Battery Works [fo. 104, 108, 122], proposing the employing such of the poor Germans as are strong and able to labour in the silver and copper mines at Penlyn in Merionethshire [? was read].
May 24. Present:—Earl of Stamford, Lord Dartmouth, Sir Philip Meadows, Mr. Monckton.
Letter from Mr. Taylour with a memorial.More German Protestants arrived.
Their subsistence and disposal.
A letter from Mr. Taylor, inclosing a memorial relating to the arrival of 1,100 more German Protestants from the Palatinate, and that 600 more of them lye at Rotterdam for passage [fo. 108, 111], signifying my Lord Treasurer's desire to know from this Board what is absolutely necessary as well for the subsistence of the 1,100 already arrived, as to the 600 expected from Rotterdam, and how they may most properly be disposed of, was read, and directions given for writing an answer thereto.
Mr. Freke and Mr. Chamberlain about poor Germans.
Mr. Freke and Mr. Chamberlain attending in relation to the said poor people, they acquainted their lordships that they were still on ship board at Woolwich, by reason they had no place provided for them to lodge in; that if tents could be procured they would take care to separate the said Germans and place some of them at Greenwich, Lambeth, Fulham and elsewhere, untill they could find out work for them, which they hoped to do in a short time; then being asked if the ropeyard at Greenwich should be repaired and fitted up, whether the same would not be convenient for their accommodation for the present, till they should be otherwise taken care of, they said that the said ropeyard would be very convenient for a great part of them; whereupon these gentlemen were told that their lordships would give directions for writing this morning to my Lord Treasurer to acquaint him herewith.
One sent to Mr Solicitor General.
Their lordships again took into consideration the Acts of Pennsylvania past in 1705 [fo. 106, 184], mentioned in yesterday's minutes, and read nine of the said Acts, and gave directions for sending the Act entituled, An Act for taking lands in execution for payment of debts, folio 34, to Mr. Solicitor General, for his opinion thereupon in point of law.
May 25. Present:—Earl of Stamford, Lord Dartmouth, Sir Philip Meadows, Mr. Monckton.
Letter from the Earl of Sunderland with memorial from the Council and Assembly.
State of the province.
A letter from the Earl of Sunderland, of yesterday's date, inclosing a memorial from the Councill and Assembly of the Massachusets Bay &c., relating to the present state of that province, and desiring to know when Port Royal was taken by the French, was read.
Letter from Mr. Chamberlain. Poor Germans.
A letter from Mr. Chamberlain, of this day's date [fo. 109, 112], inclosing an account of what had been done by several well disposed persons towards providing for the accomodation of the poor Germans come over from the Palatinate, was read.
Memorial from Mr. Freeman about
Act to inable Robt.
A memorial from Mr. Arthur Freeman, praying that their lordships would please to write again to Colonel Parke, Governor of the Leeward Islands, upon the Act past in Antego in 1707, entituled An Act to inable Robert Freeman and Mary his wife to sell three parcells of lands &c., transmitted to him in their lordships’ letter of the 9th of May, 1707, was read, and directions given for writing to Colonel Park accordingly.
Letter from the Lord Lovelace.
Mr. Mompesson, Chief Justice.
A letter from the Lord Lovelace, Governor of New Jersey, dated at Perth Amboy in that province, the 4th of March last, together with the extract of a letter from this Board to the Lord Cornbury of the 26th of February, 1704/5 [fo. 127], relating to Mr. Mompesson's being Chief Justice of New York, were read.
Abstract of the list of the poor Germans.
Proposal for their immediate imployment.
Mr. Tribbeko attending in relation to the poor German Protestants first come over [fo. 111, 116], presented to their lordships an abstract of the list of the said persons, containing an account of such as are able to work, and of such as are not, either from age or sickness, the whole number being 806, which was read; and their lordships observing that the number of them were lessen'd, and asking Mr. Tribbeko the reason of it, he said that about five or six and twenty of them have dyed since their arrival here. Then Mr. Tribbeko proposing that for the immediate setting these people to work 100l. might be ordered for them to be laid out in flax, iron and steel, that the women might be set to spining, and the men employed in making them proper tools for husbandry; their lordships acquainted him that he would do well to lay the same before the Lord High Treasurer, which he promised to do accordingly.
Payment of those last arrived.
Mr. Tribbeko then desiring to know how the Germans last come over were to be paid, he was acquainted with what their lordships had ordered to be writ to Mr. Taylor thereupon.
Order of Council with account of East India Company's exports.
This to be compared with former accounts.
An Order of Councill of the 19th instant, transmitting to this Board an account of exports made by the East India Company from April, 1708, to April, 1709, was read; whereupon ordered that all the accounts of exports made by the East India Company since their first institution to this time, that are in the office, be compared one with another, that their lordships may know the difference there is in the said yearly accounts of exports.
May 26. Present:—Earl of Stamford, Lord Bishop of London, Lord Dartmouth, Sir Philip Meadows, Mr. Monckton.
Answer to Mr. Secretary Boyle's letter about English claim to places in the West Indies &c.
Their lordships took into consideration the draught of an answer to Mr. Secretary Boyle's letter of the 17th instant [fo. 102, 117], mentioned in the minutes of the 19th ditto [fo. 115], relating to the pretentions of the Crown of England, to any Colonies or places in the West Indies &c., and made a progress therein.
May 27. Present:—Earl of Stamford, Lord Dartmouth, Sir Philip Meadows, Mr. Monckton.
Memorial from Mr. Galdy.
Treaty of Commerce with France.
Duties paid on English manufactures there.
Mr. Laurence Galdy attending, presented to their lordships a memorial containing several heads towards framing a Treaty of Commerce with France [fo. 102], together with an abstract of what customes or rates English manufactures have paid in that kingdom, as well in the years 1664 as 1687, which were read.
Memorial from Mr. Harris.
French settlements on Hispaniola.
A memorial from Mr. Richard Harris, relating to the French settlements at Hispaniola &c., and to the ill consequence they are of to Jamaica, was read.
Sir Stephen Evans.
Discoverers of Canada.
Sir Stephen Evans attending [fo. 108], with several members of the Hudson's Bay Company, touching some matters relating to the said Company, and being asked, among other things, who were the first discoverers of Canada, and who made the first settlement there, they promised to make enquiry thereinto, and give their lordships an answer as soon as possible.
Memorial from Mr. Tryon, Col. Jory and Mr. Phips.
Thrée memorials from Mr. Rowland Tryon, Colonel Joseph Jorey and Mr. Constantine Phips, relating to the necessity of St. Christopher's being preserv'd intirely in the Crown of Great Britain, were read.
Windward Carribee Islands.
Letter from Mr. Tryon.
A letter from Mr. Rowland Tryon of the 25th instant, relating to our title to all the islands lying windward of Guadaloup, as St. Lucia, Dominico, Tobago &c., was read.
Letter from Mr. Merret.
Memorial from merchants.
English title and French incroachments.
A letter from Mr. Solomon Merret of the 24th instant, inclosing a memorial from divers merchants trading to Newfoundland [fo. 114], relating to that Colonie's being first possess'd by the English, and to the incroachments made there by the French, were read.
Memorial from Mr. Campbell on that subject.
A memorial from Mr. James Campbell, containing a deduction of the title of the Crown of England to Newfoundland was also read.
May 30. Present:—Earl of Stamford, Lord Dartmouth, Sir Philip Meadows, Mr. Monckton.
Letter to Mr. Attorney and Solicitor General with
Their lordships, taking into considerable [sic] how the poor Germans lately come from the Palatinate [fo. 112, 118] might be inabled by their own labour and industry to provide for their maintenance and subsistence; ordered that the secretary write to Mr. Attorny and Mr. Solicitor General, for their opinion upon the two following queries, vizt.:
Queries about her Majesty's right to grant lands in forests, chaces &c. and
Whether her Majesty has a right and power by law to grant parcels of lands in her forests, chaces and wasts to any of her subjects with licence to build cottages and inclose the said lands, in order to convert the same to tillage and husbandry.
Security to indemnify parishes receiving poor families.
What security her Majesty may give to indemnify the respective parishes, from the settlements of poor families among them, who shall be admitted to dwell in the said cottages.
Letter from the Lords Proprietors.
French settlements on Missisippi River.
A letter from the Lords Proprietors of Carolina of the 26th instant, relating to the settlements made by the French within this eight years, upon the river Missisippi in America, and desiring that they may be obliged to relinquish the said settlements &c., was read; and directions given for inserting the same in the draught of the answer to be made to Mr. Secretary Boyle's letter of the 17th instant, mentioned in the minutes of the 26th ditto.
Answer to Mr. Secretary Boyle.
English and French dominions.
Then their lordships again took into consideration the said answer [fo. 113, 121], and made a further progress therein.
May 31. Present:—Earl of Stamford, Lord Dartmouth, Sir Philip Meadows, Mr. Monckton.
Letter from Mr. Eyre.
Treaty of Commerce with France.
A letter from Mr. Samuel Eyre, of the 27th instant, in answer to one from the secretary relating to a Treaty of Commerce with France, was read.
Letter from Mr. Spicer, Mayor of Exeter.
Memorial from merchants of that city on the same subject.
A letter from Mr. Spicer, Mayor of Exeter, of the 28th instant [fo. 102, 118], inclosing a memorial from the merchants of that city, relating to a Treaty of Commerce with France, together with the particulars of the customs received at Rouen since 1654, was read.
Letter from Mr. Forty.
Considerations about trade with France and memorial about Treaty of Commerce.
A letter from Mr. Anthony Forty, of yesterday's date [fo. 117, 119], inclosing some considerations about the settlement of trade between England and France in 1698, with a memorial relating to a Treaty of Commerce now to be set on foot with that kingdom &c., was read.
Poor Germans from the Palatinate.
Draft of a letter to the Earl of Sunderland.
Their lordships taking into consideration the Earl of Sunderland's letters, relating to the providing for and settling the poor German Protestants [fo. 98, 119], lately come from the Platinate, in this kingdom or in the plantations; they gave directions for preparing the draught of an answer to the Earl of Sunderland thereupon.