James Hamilton

( - before 27 January 1659)
     James Hamilton was the son of Sir George Hamilton (of Greenlaw) and Lady Mary Butler.
     James Hamilton was recorded between 1654 and 1656 census in Tyrone, Ireland. In the Civil survey of Tyrone, he was described as: James Hamilton of Roskre, Esqr, a minor son to Sr George Hamilton ye elder of Roskrea knight deceased who was a Scottish papist.
     James died before 27 January 1659.
     His will was proved on 27 January 1659. His executor and residuary legatee was his cousin George, Lord Strabane (Betham gives 2 Feb 1658 as the date of admon).

James Phillips

(circa 1780 - 29 March 1851)
     James Phillips was born circa 1780. He was born about 1783 according to Army records, but 1775-1777 according to his tombstone.
     James Phillips married Lydia Ballard circa 1808 in England. They probably married in late 1808 as their first child was born in November 1809. Her death certificate stated married in England.
     James Phillips served in the military in the British Army from c.1811-1817. He was a Commissary clerk. The Commissariat were normally civilians but were subject to military discripline and wore uniform. A Commissary clerk was a non-commissioned rank but equivalent to an Ensign.
     James Phillips joined the English Army in Spain on its retreat from Burgos c. 1812. On Nov 5 1812 he was appointed a Commissariat Clerk by Sir Robert H Kennedy & sent to Oporto for 3 months. From Feb 1813 to the peace in 1814 he took charge of depots on uppermost point of the Douro. His son William was born in Almeida on Dec 6 1813.
On 31 May 1814 James Phillips, Gent, was promoted to Deputy Assistant-Commissary-General to the Forces from Staff. Announced from War-Office July 2 1814, Page 1342 Issue number 16913 extracted from British Army Officer Promotions 1800-1815 on findmypast.com. However this refers to the Canadian James Phillips.
In February 1815 he returned to England and was discharged as a clerk on the 17th. from 1812 to 1815 in Iberian Peninsula.
     James Phillips served in the military On March 20 1815 he was re-appointed & sent to the Netherlands (Flanders). Volunteered and appointed to the charge of the 8th Brigade (4000 men) during their stay at Brussels - when accident attached him to the Brigade of Artillery at Waterloo. From May 7 (in France) he had charge of Brigade of Artillery until Jan 24 1816.
He claimed to be at the Duchess of Richmond's ball on June 15 1815 at Brussells according to family lore. Official correspondence reports that he lost his baggage at the Battle of Waterloo. On June 16 he joined Col Sir Hew Ross on the day, he marched from Perke. [See document dated 24 Oct 1821] from 1815 to 1816 in Flanders.
     He wrote: Calais 10th Oct 1816; Sir, In reply to yours of the 3rd instant requesting I would give you a Testimonial of your conduct during the time you were cashier under my orders. I have great pleasure in stating that it could not have been more satisfactory in any respect. I also take this occasion to observe that Col Sir Hugh Ross has written and very often spoken to me of you in the highest terms possible, & particularly with regard to the very creditable manner in which you supplied your charge at the Battle of Waterloo, and upon the march towards Paris. I remain Sir, (signed) H Haines Dep Commissary General.
N.B. I was cashier under Dep. Comy. Genl. Haines in the Netherlands previously to the Battle of Waterloo, to the whole of the Commissariat attached to the Cavalry & Artillery amounting to upwards of 60 accountants.

He was discharged in France on June 13 1817. In Nov/Dec see letters requesting payment for horse. James was a clerk from 1818 to 1821, London. In 1818 he was Chief clerk at the Board of Inquiry into Customs & Excise, Cannon Row, Westminster. The position was terminated on 30 September 1821.
He received a letter from Walcot near Lutterworth, dated Nov 6 1819 - My dear Phillips, I am really very sincerely obliged by your last very kind letter and do feel how sincerely you fell for me in my present deserted situation. I have called on Mr A... at his country house near Wellingboro (?) but he was in Essex but fully expected to be in London on Monday next. I shall be in London on Wednesday next at the very latest, and shall certainly take advantage of the old woman's rooms at 5/- and of your 1200 fr. at 1 1/2 (?) I have much to tell you. With kindest remembrances to Mrs P, believe me, Ever yours.. Clement.
     On 21 Aug 1821 he wrote to: Earl Bathurst: My Lord, Being desirous to emigrate to the colony of NSW and possessing upwards of 500 pounds property, I have to request your Lordship will be pleased to order me a grant of land there. ... .
     On Sep 1 1821 he sent a letter to the Right Honourable Earl Bathurst - from - Office of Inquiry into the Customs & Excise, Cannon Row, Westminster - My Lord, I humbly presume to hope your Lordship will excuse the liberty I take in addressing you. With great deference I beg leave to state to your Lordship, that I have been employed in the service of Government in various responsible situations and places of trust for ten years; the last 4 years of which I have acted as Assistant Secretary to this board by the labours of the Commissioners are now drawing to a close, and my services will be dispensed with on the 30th instant, when I shall be deprived of a means of subsistence. I have therefore come to the determination of emigrating to the colony of New South Wales, before my present capital (not exceeding £500) shall be reduced, which, if judiciously employed there would be the means of enabling me to support my family (consisting of a wife and 5 children) with credit. I have taken the liberty of enclosing copies of various testimonials of my character and conduct (the originals of which are registered at the Treasury) for your Lordships perusal; trusting that from the manner in which I have conducted myself during such a length of service under Government, that your Lordship will have the goodness to order a free passage for myself and family to that colony, which I beg leave to assure your Lordship will ever be held in grateful remembrance by myself and family .... Jas Phillips. (Annotated - Give him a letter to the Gov. of NSW, return him his certificates ... him that concerning the testimonials given to his conduct when in office. Lord B. will if there should be room in a convict ship order him a passage he paying for his ...)
Sep 10 - To Earl Bathurst, addressed from the Office of Inquiry as above: My Lord, I had the honour of addressing a letter to your Lordship on the 3rd instant, transmitting to your Lordships inspection various documents and testimonials of my character and conduct during a period of ten years, in the service of Government. Having a large family entirely dependent upon me for support, makes me extremely anxious as I shall in a few days leave this Board without being provided with any other employment, and my small capital with which I intend, if possible to emigrate to NSW will be so far diminished as to totally prevent me from putting that plan into execution. As your Lordships benevolent kindness was extended to an unfortunate person of the name of Ward (with whom I was well acquainted) by ordering a free passage for himself, his wife and 6 children in 1819 to that colony, on board the Dromedary Store ship; I sincerely hope your Lordship will have the goodness to grant me the same indulgence, after your Lordship shall have satisfied yourself that I am equally deserving. I beg leave to state to your Lordship that I am known to the Rt. Honourable J C Villiers - the Rt. Honourable Berkley Paget, and many other gentlemen of the first respectability as well as the Members of this Board should your Lordship be pleased to require a further reference. Jas Phillips. (Annotated - there is no objection to his having the same indulgences as Mr Ward had - I thought Mr Barnard had explained to him the difficulty).
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     On 29 Sep 1821 he was given a letter from Henry Goulburn, Downing St - Sir, This letter will be delivered to you by Mr James Phillips, who has received the permission of Earl Bathurst to proceed as a settler to New South Wales. The very satisfactory testimonials, which his Lordship has received of the character and respectability of this Gentleman, have induced his Lordship to give me directions to recommend him more particularly to your notice and protection; and I am therefore to desire that he may receive a Grant of Land, in proportion to his Capital with the usual indulgences of Convict Labour, and that you will promote as far as possible, consistently with the usual regulations, his views in proceeding to the Colony.
     James Phillips was granted land on 29 September 1821 in New South Wales, Australia, by Lord Bathurst.
     24 Oct 1821 He wrote from Mr Warrington's, 30 New Rd, Broomfield, Deptford (presumably the Master of the Mary Ann). My Lords, It is with extreme reluctance I again feel myself obliged to trouble your Lordships, but as I am debarred by your Lordships regulations from receiving that promotion in the Commissariat which I shall ever think I am deserved I still trust your Lordships sense of justice will not permit me to suffer such severe losses as I have experienced in the execution of my duty in the service of Government, without, in some measure, granting me remuneration. My sole reason for delaying til this time to solicit remuneration from your Lordships was the hop I always entertained of being rewarded in due time by your Lordships with my promotion.
I beg leave, My Lords, to enclose an account of such losses, with my remarks against each item, which I have attested before a Magistrate, leaving it to your Lordships justice to allow me the whole, or such part thereof as your Lordships may deem right. I cannot help. My Lords, again reverting to the services I have performed, and I beg leave, with great deference to lay before your Lordships a brief statement thereof to which I humbly solicit your Lordships attention.
I met the Army on the retreat from Burgos and arrived with it at Arevola in Spain, where I became acquainted with Deputy Assistant Commissary General Price who was in charge of a the depots there - As the enemy was in close pursuit, an order was given to destroy the magazine of forage, etc., to prevent its falling into the hands of the enemy - Mr Price was in extreme ill health and incapable of exertion - I volunteered that service, and executed it effectually, but at the risk of my life, as the French advance guard entered the town before I had time to quit it, and they pursued and fired at me till I gained the rear of the British Army.
On reaching Almeida the frontier town of Portugal a great number of sick and wounded had taken refuge, and as all the hospitals were full and the whole garrison in the utmost confusion, it was found necessary to remove the wounded etc., to Celerico - No one could be found or spared to take charge of this duty - I again volunteered my services to Deputy Commissary General Ogilvie, the senior officer there, which he gladly accepted - I was referred to the Governor (LeMesurier) for an escort - he gave me a Sergeant and two men, being all he could spare - with this weak escort I set off with nearly 300 sick and wounded, and about 80 Spanish muleteers - In the night myself and the three soldiers were attacked by the Muleteers and left senseless on the filed, and they deserted back into Spain with all the provisions - the soldiers who composed the escort were disabled by broken limos, and although I was severely injured yet I contrived to get all the sick and wounded to Celerico.
On my return to Almeida, I found Mr Price in charge of the depots there - and as the whole army was in Cantonments in that neighbourhood - it was supplied with forage, provisions and field equipment from those depots. As Mr Price's illness prevented him attending to his duty, the sole management of it was confided by him to me, and his accounts which were in arrear and in much confusion (occasioned by his illness and the rapid retreat of the army) were made up by me and transmitted to the Auditor of Accounts at Lisbon. That his accounts were approved I can only infer from the circumstances of his being soon afterwards rewarded by your Lordships with the rank of Assistant Commissary General.
After the above services I was in November 1812 appointed a Commissariat Clerk by Sir Robt H Kennedy, and was immediately afterwards placed in charge of the extensive depots at Oporto, where 250 men were employed in the numerous magazines under my orders - I continued there 3 months till relieved by Assistant Commissary General ... Remy - I was then ordered to take charge of some very extensive Depots on the uppermost point of the Duoro - some of those Depots were four leagues asunder to which I was under the necessity of attending regularly. These charges had never been confided to any person before me, under the rank of an Assistant Commissary General.
     In this unhealthy and laborious situation I continued till the peace in 1814 - and I cleared that and 4 other Depots before my departure - the certificate of the satisfactory state of my accounts is registered at the Treasury.
I arrived in England in February 1815 and the following month went through to Holland to join the army in the Netherlands - I first acted as cashier to 60 Commissariat Accountants attached the cavalry and artillery - but as I understood the Commissary General was in want of Commissaries for the field, I volunteered my services, and was appointed by him to the charge oaf the 8th Brigade (4000 men) - these I supplied during their stay at Brussels - when accident attached me to the Brigade of Artillery at Waterloo, how far I succeeded in executing my duties faithfully and satisfactorily your Lordships will judge from the documents to which I again humbly beg leave to refer your Lordships.
Your lordships are little aware of the hazardous and harassing duties of a Commissary in the field, but more especially in an Enemy's country - after the Battle of Waterloo I had to ride daily (at least 20 miles more than the army) across the country to secure forage and provisions against the arrival of the troops - many times I have marched the whole night to secure forage, having an escort of a Sergeant and twelve men under my orders, for whose conduct I was held responsible. Once in particular when on a foraging expedition we arrived late at night at the point fixed on and found that the army in our absence had received orders and marched forward. At this time we halted near the town of Ham without knowing that the French had left a garrison of 2000 men there - we were fired at but escaped to the army and secured the forage.
I was again fired at by the French Videttes in the Avenues of Neuilly before Paris surrendered, when out on a foraging expedition.
My subsequent services and conduct are so well known to your Lordships, that I need not trouble your Lordships with a recital.
I beg leave to state to your Lordships that I am now without any kind of employment, with a wife and six children to support - that it is my intention (if I am enabled through your Lordships goodness to do so) to emigrate with my family to NSW ...

This was accompanied by an account of the losses sustained by James Phillips, a Commissariat Clerk, in the executions of his duty from Nov 1812 to April 1817 - (extracts relating to his service from the remarks column) - He served 2 years and 3 months in the Peninsula Nov 1812 to 17 Feb 1815. He was reappointed 20 March and sent to Flanders and discharged on the 13 June 1817 in France. Thus served nearly four and a half years. He had charge of a Brigade of Artillery from 7 May 1815 to 24 Jan 1816. (Annotated with "Disposed of vide ... of 14th Dec - 6 Div on 23551 directing the issue of £30 to Mr Phillips out of Royal Bounty").
     An account of the losses sustained by James Phillips, a Commissariat Clerk, in the executions of his duty from November 1812 to April 1817.
The horse was purchased of Mr D. A. 0. G. Major for 200 dollars - and the mule for 100.
To the amount paid for a horse and mule and the necessary accoutrements. 300 dollars @ 4/6.     £84.0.
Amount of loss
It is well known that during the war, and towards the close     of it, horses or mules could not be purchased out at very high prices - But when the war had terminated, both in the Peninsula and in France,
Officers and others were obliged to sell them for a mere trifle.
Sold the whole for £14.8.0.
Received allowance from Government by the hands of Sir R.H. Kennedy in 1618
     £11.5. 0.
     £25.13.
     Leaving £58.7.0

In France
N.B. One horse was delivered up by me to D.A.C. Gen. Turner and although he neglected to furnish me with a receipt I find he has given credit for it in his public accounts in January 1816.
Purchased two horses and accoutrements for £112.10.0.
Sold the whole for £33.0.0.
Received from Government. £25.0.0.
£58.0. leaving
The loss of my Baggage at Waterloo as sworn to by me was £92.0.0.
Received from Government £42.3.6.
leaving
     £54.10.0
     £49.16.6.
I received the first gratuity of 8 months, pay at 10/- per day - but when I received the second it was paid to me 12 months - at 7/6 per day only although I repaid the first by serving 8 months, without pay, and was in charge the whole time, I never knew that my pay was to be reduced to 7/6 per day in France from May 1815 to till after I had repaid the first gratuity by servitude - nor was it even hinted to me by any person.
Loss on the difference of the amount of pay in receiving the last gratuity.
To the amount of an allowance for shoeing two public horses and an allowance for a servant during the time of my service in France from May 1815 to July 1816 never before claimed by me:
(servant @ 4/6 per week £13. 10.
     horse     --3. 3. £16. 13.
£45.0.0

£12.10.0

£220.3.6
Amounting together to the sum of two hundred and twenty pounds three shillings and six pence.
I James Phillips do swear that the above stated account is true to the best of my knowledge and belief and that the losses above stated have been actually incurred by me in the service of Government.
Jas. Phillips.
Examined computations and additions-..........     [illegible]
Sworn at the Public Office Queen Square, Westminster this, 25th day of October 1821 before me: Wm A.A. White.
Mr Phillips by his letter of 24th Oct. 1821      20,101
Claims:
Remarks
1st Loss on purchase and resale of a horse and mule, with .... in 1817 - £58.7.
No. -97- showing allowance recommended by Kennedy £4.1.
paid vide letter to Sir R. K.
This is the first time Mr Phillips has brought forward the claim in this shape. On the 11th Nov. 1817 he applied to the Treasury for the allowance which had been generally granted to Clerks for the purchase of a horse in the Peninsula, viz. £10 - the claim was referred to Sir Robt. Kennedy and in consequence of his report... 1370/10; the sum of £11.5. was paid to Mr Phillips in discharge of his claim.
2ndly, Loss on purchase and resale of two horses etc., in France, viz: Purchased 2 horses and accoutrements for £112.10.
Sold the whole for £33.
Recd. from Government. £25
£58.
Loss £ 4.10.
Mr Phillips was allowed £25 as a compensation for a second horse /vide, Report from Com. Gen. Dunmore 23,800/17. A first horse having been furnished to him by the public - but Mr Phillips purchased two horses in addition to the one provided for him, and I know of no instance where compensation has been granted to a Clerk for a third horse.
3rdly. Loss of his baggage at Waterloo, valued at £92.
Rec. from Government: £42.3.6.
Loss £49.16.6.
This claim has been already under the consideration of the Board of General Officers and Inconformity with their award the sum of £42.3.6. was paid to Mr Phillips in discharge of his claim.
4thly. Loss in the difference of pay in receiving the last gratuity, which he states at £45. Being the difference between 10/- and 7/6 on a twelve month gratuity. Mr Phillips was first appointed to a Clerkship by Sir Robt. Kennedy in the Peninsula in the November 1812 and he was discharged in London on the 17th February 1815. In this service of 2 years and 3 months he was allowed a gratuity of 8 months pay at 10/- per diem, which rate of pay he had for some time received as an Accountant - He was re-appointed on the 20th of March following and sent to Flanders, with notice to Com. Gen. that he would not be entitled to pay until the 10th October 1815 (the date to which his gratuity extended) and then at the rate of 7/6 per day - He was finally     discharged on the 13th June 1817 in France, with a gratuity of 12 months pay at 7/6 and a further item of 1 months pay and £10 for travelling expenses to return to England.
It appears that he served in the whole, nearly 4 years and a half, and was therefore eligible for a gratuity of 12 months pay (which was allowed after 4 years service).
His first gratuity was issued at 10/- in consequence of his having a duty which gave him a title to that rate of pay - but he was re-appointed at 7/6, the rate given to all similarly circumstanced, on their being re-appointed. In this view of the case he held pay at 10/- per diem from the 20th March to the 17th Oct. 1815 during which period he was entitled to 7/6 only - as was not called upon to refund the extra 2/6 per diem for this period
It does not appear that he has a good claim to be allowed 10/- per diem for any portion of the 12 months for which he has received
gratuity at the rate of 7/6 per diem.
It appears however that Mr Phillips had charge of a Brigade of Artillery from the 7th May 1815 to the 24th January 1816 and he was consequently entitled to pay at the rate of 10/- per diem during this period, reverting to 7/6 when this duty ceased - If therefore he did not actually receive an extra 2/6 per diem from Mr Dunmore from the 7th May to the 17th October 1815, he has an equitable claim to so much in addition to his gratuity at 7/6 : viz: 164 days at 2/6
           £20.10.
5thly Amount of an allowance for shoeing two public horses and an allowance for a servant during the time of his service in France, from May 1815 to July 1816, never before claimed by him and stated at £12.10.
He has already received £25 for a second horse which sum is intended also to cover the contingent expenses of such second horse. With respect to the shoeing of one horse and the allowance for a servant we have no means of judging the propriety of his claim without previous reference to Mr Dunmore.
      Sir, On considering my present state, and what it is likely to be on the voyage to New S. Wales, I am obliged again to trouble you and to request you will have the goodness to lay my letter before Lord Bathurst, who I understand is in the office at present, and his Lordship being already acquainted with my case, upon knowing my present difficulty will I have no doubt grant my request - and this act of yours will ever oblige.
Your most obedient servant,
J. Phillips.
Late Chief Clerk at the Board of Inquiry into Customs Etc.
P.S. If I could have borrowed a sufficient sum to lay in more stock I should have been so importunate, but which I hope you will excuse.
It I should be so fortunate as to obtain the order, Tuesday will not be too late if it is sent to Captain Young.
Henry Goulburn Esq., M.P.
Etc. Etc. Etc.

Sir, Having purchased a thrashing machine and other agricultural Implements to take out with me to New South Wales, the person from whom I purchased them informs me that he experiences, a difficulty in getting them passed the Custom House without an order from you for them to be shipped - and as they wish them to be sent on board immediately to be properly stowed, I shall feel particularly obliged If you will have the kindness to let such order be sent to Mr J. Hill, No. 422 Oxford Street (who is the person of whom I purchased them) at your earliest convenience.
I have the honour to be sir your obliged and very obedient, humble servant,
Jas. Phillips.
on board the 'Mary Ann' convict ship, Woolwich.
1st December 1821
To Henry Goulburn Esq. M.P., Etc. Etc.
DO WHAT IS USUAL IN SUCH CASES

To the Right Honourable the Lords Commissioners of His Majesty's Treasury Etc, Etc, Etc,
The humble petition of James Phillips
Sheweth [in margin: 6 years Comm. 4 years Service]
That Memorialist In the month of September last was discharged from the Board of Inquiry into Customs after serving the Government ten years, without being able to obtain any further employment for the support of his numerous family.
That the only prospect which presented itself to Memorialist was for him to emigrate with his family to the Colony of New South Wales.
That Memorialist made application to and was favoured by the Right Honourable Lord Bathurst with a free passage on the condition that Memorialist was to provision his family for the voyage.
That Memorialist in consequence of his being so long out of employment, and his being obliged to wait so long for the ship's sailing, is reduced to the greatest distress, and is totally unable to provide even the common necessaries of life for so long a voyage.
That Memorialist has four children on board with him and his wife now in the eighth month of her pregnancy.
That he has already been under the necessity of disposing of sundry articles indispensably necessary for the use of his family, to enable them to exist.
That in consequence of the inability of Memorialist to lay in the necessary stock for the voyage, he will be under the necessity of disembarking, with his, helpless family, unless by your Lordships humanity he should be relieved from the misery which threatens him.
That Memorialist humbly presumes to hope, that as the Government has given the indulgences to several on board this ship under the denomination of free passengers, by not only granting them a passage, but providing them with every necessary during the voyage, that your Lordships goodness will be extended to Memorialist In allowing him a small sum so as to place him on an equal footing with those receiving such indulgence.
That as the ship will be ready for sea the beginning of the next week, Memorialist humbly solicits that your Lordships will have the kindness to take his distressed case into your favourable consideration - the disposition which your Lordships have always manifested to relieve the distressed, permits Memorialist still to hope that your Lordships will not permit him to lose his, passage for the want of a very small sum to enable his family to exist during the voyage only.
That should your Lordships humanity be extended to Memorialist, so as to enable him to proceed on the voyage, Memorialist and his family will ever pray.
Memorialist humbly solicits that your Lordships will be pleased to favour him with an early reply, and that your Lordships will also be pleased to depute some person to enquire into his distressed condition.
Jas. Phillips
on board the Mary Ann Convict Ship off Woolwich, 5th December 1821


James. Phillips praying some pecuniary relief towards the support of himself and family on their voyage as settlers to N.S.W.
No. 23551
Reg. 12th Dec. 1821
Read. 14th Dec. 1821 6 Div.
Mr Cotton to pay £30.

Sir, Circumstanced as I am at present, I take the liberty of addressing you, in the hope of obtaining your assistance - upwards of two months ago I was favoured by my Lord Bathurst with an order for a passage on board the 'Mary Ann' convict ship, I went on board at the time with as much stock as I considered necessary, and as my finances would admit of - we having been lying in the River ever since in consequence of which my stock is much diminished, without my having the means of purchasing more, and as the ship will sail on Monday morning my prospects are gloomy on considering the length of the voyage - under the peculiar circumstances of my case, and the length of my services under Government, the testimonials of which appeared perfectly satisfactory to Mr Goulbourn and, Lord Bathurst, I humbly presume to hope that you will have the goodness to grant me an order for rations- for myself, my wife and four children on board that ship - and as a similar indulgence is given to even the relations of convicts, I trust the same will be extended to me - I have no doubt had Mr Wilmot been at the office today but he would have immediately granted the order, as he is, in a great measure, acquainted with my past services - waiting your reply,
I remain, sir, your very obedient, humble servant
Jas. Phillips.

A. Gordon Esq. Etc. Etc. Etc.

MR GORDON HAS LAID BEFORE LORD BATHURST MR PHILLIPS APPLICATION AND IS DIRECTED TO INFORM HIM THAT IT CANNOT BE COMPLIED WITH.
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     James Phillips and Lydia Ballard arrived per "Mary Ann" on 20 May 1822 at Sydney, New South Wales, Australia. The "Mary Ann" (474 tons) was built in Batavia of teak, and was owned by Parker & Co., registered in London. The ship's voyage began in Gravesend on the 27 October 1821. On Dec 5th 1821 Lydia was in the eighth month of pregnancy and had 4 children on board with them. There are several letters written in Dec 1821 at the PRO stating that he has purchased a thrashing machine and other agricultural implements to take to NSW, that he has 4 children on board and his wife is in the eighth month of pregnancy, having been out of work for so long and being obliged to wait so long for the ships sailing requests provisions.
They sailed 25 Dec 1821 from Portsmouth via Rio for 128 days under Captain Warrington. 108 females embarked, no males. 1 death, landed 62 at Sydney, 45 at Hobart. The arrived at Sydney 20 May 1822, 416 tons, 38 men, Henry master, Warrington - owner. (40 female prisoners landed Hobart, 62, 12 children at Sydney). Free passengers were Mr Ass. Surgeon Moran & Mr & Mrs Phillips and 5 children together with 12 steerage passengers and 24 children.
James Hall (the Surgeon Superintendent) wrote in his journal that the passage was quite rough, consequently the surgeon's journal is long and filled with notes on the treatment handed out to the mostly seasick convicts. There is no mention of the Phillips family in his journal, although " Die Lune 3: M Taylor & A Phillips, obstetrics..
     On May 29 1822 James Phillips, free settler, Sydney was requested to furnish a statement of the number of convicts he could support off the stores for a grant of land in proportion to his means; Reply - ... my means enable me to take 20 men permanently off the store and I have the honor to request that the same indulgences may be granted to me as are allowed to others possessing a similar capital; to be made a grant of 2000 acres of land in any part of the Colony already surveyed, & he and his family will be victualled from the Kings stores for 6 months from the date of your taking possession of your said land, and six convicts assigned to him. May 30, He was granted permission to proceed to Newcastle on the "Elizabeth Henrietta".
     A letter from F Goulburn, Colonial Secretary dated 30 May 1822: Sir, I am directed by His Excellencey Sir Thomas Brisbane to inform you in reply to your letter of the present date that he will make you a grant of two thousand (2000) acres of land, in any part of the Colony which is surveyed, and will order six convict servants to be assigned to you who with yourself adn family will be victualled from the Kings stroes fir six months fromt he date of your taking pssession of your said land..
     From July 24 1822 to September 10 1824 he was on the list of persons receiving an assigned convict.
     James Phillips travelled to Newcastle, New South Wales, Australia, after 22 July 1822. Newcastle.
     Letter from Jas Phillips dated 12 August 1822 to the Colonial Secretary: Orphan School Parramatta 13 Aug 1822. Sir, I beg leave to inform you that I have brought out from England a portable thrashing machine with six se..vers with which .... completes. Also 2 spare pinions, two pair of extra brasses, and two universal joints for the same - and as I now discover that I shall not have occasion for it at least for 2 or 3 years, I therefore wish to dispose of it, and have the honour to request you will have the goodness to mention it to His Excellency Sir Thomas Brisbane, if you think it will answer for the purposes of Government. The price is two hundred guineas and I shall have no objection to take one half of that sum in young cattle, or if more convenient to you, I shall not refuse taking the whole in cattle. A reply at your earliest convenience will be esteemed. I have the honour to be Sir, your most obedient and humble servant Jas. Phillips. Cover note - Treasury bill Ninety pounds, Mechanics, Warrant for $180, Cedar, Carpenter.

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     James Phillips was mentioned on 15 August 1822.
     The Colonial Secretary's correspondence files show that on Sep 10 1822 - Mr Phillips, free settler, his wife, 5 children and 6 convict servants were to be victualled from the stores at Newcastle for 6 months. On Sep 16, 19 - Permitted to proceed to Newcastle per "Elizabeth Henrietta" with one government servant. Sep 18 - Re freight charges for articles to be shipped - " 1 hen coop, 2 G.... stores, 2 baskets grass?, servants chest, 2 baskets trees?, six hundred ...., three small cases, one portmanteau, one boat, one jar oil. Sep 30 - of Newcastle, on lists of persons to whom convict mechanics have been assigned. Oct 7 - Re permission for his assigned convict, Robert Johnson to travel to Newcastle.
     In 1823 there is considerable correspondence from him in the Colonial Secretary's letters: Mar 4 - Paid from the Colonial fund for a threshing machine; c. June - On account of maize due from settlers on banks of Hunters River to the Government at Newcastle, from 1 Apr 1822 to 31 May 1823. Jul 5 - on return of horned cattle issued from the Government herds between 22 Aug 1819 and 27 Dec 1823; 20 cows issued to from the Government herd. Aug 14 Elizabeth O'Donald assigned to James Phillips from the Female Orphan Institution. 27 August - draft or unsent letter to Gov. Brisbane from the Female Orphan School, Parramatta - departing tomorrow for the Coal River, asking for some powder for preserving birds. Nov 12 Application to the Female Orphan Institution; Dec 20 - Of Hunters River. Re lease for vacant allotment at Newcastle.

.
     James Phillips was granted land on 30 June 1823 in Paterson, New South Wales. Title to Crown grant of 2090 acres in the co. of Durham and townships of Wolfingham & Middlehope (serial no.18 page 126) granted to James Phillips 30 June 1823.
     James Phillips requests that unappropriated land next Mr Duns be granted to his eldest son now in his 15th year, 8 March 1824. Refused 29 March 1824..
     In 1824 he corresponded with the Colonial Secretary: Mar 8 - Of Pattersons Plains. Memorial on behalf of his eldest son in his 15th year, requested 4-500 acres directly opposite his farm; reply 29 Mar Refused - sons of settlers who have themselves received grants of the first class are ineligible. On Mar 20 - Paterson Plains. Re convict mechanics and asking to be permitted to pay sum he owes Government in wheat & corn. Reply 8 May. c. April - On list of defaulters in payment for assigned convict mechanics for the quarters ending 31 Dec 1823 and 31 Mar 1824. Apr. Jun. - Re punishment of his Government servants at Newcastle. 28 June - Signatory to petition supporting conduct of Capt. Gillman. Nov 1824 & Jan, Mar. 1825 - Re punishment of his Govt. servants at Newcastle. Nov 6 1824 On return of Newcastle town allotments..
     In 1825 he was mentioned in the Colonial Secretary's correspondence: 28 January 1825 - Grant in favour of transmitted to Oxley; Apr 12 - Requesting that a Govt. carpenter be assigned to him in lieu of Charles Watkins; Reply 2 Jun; May 11 - Re return of assigned convict to Govt. service; May 22 - Requesting more assigned servants since six of his bonded servants had absconded from his service; Jun 29 - Requesting that his two bonded servants at present in Sydney Gaol, be returned to his service; Oct 3 - Memorial for grant of land for his son who had just left school, he being of a sufficient age to manage a farm for himself. Refused; Dec 10, 16 - requests 6 convict servants to help work his farm. He was mentioned in a letter dated 26 January 1826. A letter from the painter Augustus Earl to Lydia mentions their mutual friend Mrs Ward, James Phillips had been away while Earl stayed at Bona Vista, he presents his compliments to Miss Phillips. He arrived per Cyprus in 1825 and was in Sydney by 31 Oct 1825. He left Sydney for NZ in 1827.. He served on a jury in August 1826 in Newcastle, NSW.
     In 1827 after surveying, a plan of the sub-division of Kings Town in Newcastle was published and James Phillips was one of the 192 leaseholders #131.
     James Phillips and Lydia Ballard were recorded on 15 November 1828 census in 'Bona Vista', Paterson, New South Wales. James Phillips 48, Lydia 38, Henry 19, Jane 17, William Thomas 15, Frank Henry Fortunat 11, Isabella Lydia Augusta 7, Alfred William 4, Samuel James 2, infant boy 3 days, at Bona Vista, Durham. Protestants. All except the latter three who were born in the colony, came free in 1822. James Phillips was employer of Thomas Phillips labourer, aged 21, free, who arrived in the "Mangles" in 1827, Patrick Brennan 27, Thomas Briant 18, William Briggs 70, Charles Fowler 29, Ann Kennedy 13, Roger Mcnamara 46, Henry Singer 45 & others. He held 2090 acres, 180 cultivated, 300 cleared with 200 cattle, 5 horses, 1000 sheep.
     In 1829 "To Let for a term of years, a valuable farm, situated within 25 miles of Newcastle on the banks of the Hunter's Rivers. The run for cattle is unequalled in the District and watered in the driest season admitting a vessel of 50 tons alongside the wharf. A small herd of cattle will be given in with working Bullocks and all kinds of agricultural tools etc. Application to be made or addressed to the "Gazette Office" for particulars or to James Phillips, esq. Hunter's River. .
On July 7 he was signatory of an address from landholders in the district of the Hunter River in the support of the Lt Gen. Ralph Darling
.
     In 1831 he applied for 37 convicts, received 12. James Phillips and Lydia Ballard witnessed John Skottowe Parker and Jane Phillips's wedding on 21 August 1831 in Christ Church, Newcastle.
     Lydia Ballard made a will dated 3 February 1832. Mentioned in surviving codicil.
     In 1833 he applied for 27 convicts and received 18.
     In November 1835 the architect John Verge submitted an account to Captain James Phillips of "Bona Vista" - "To plans in pencil for a Public House at Patterson's River - £2". In Dec 1838 the account was settled by two gallons of rum and 6/- in cash. It stood on the left-hand side of the road from Maitland to Paterson, set well back on high ground surrounded by extensive gardens planted with trees and shrubs. The building was of two storeys, built of sandstone quarried about a mile away. As usual the bricks were made on the site. The choicest local cedar was used for the joinery... In December 1840, at the direction of James Phillips, Esq., the respected owner, Mr Stubbs was empowered to sell by auction "All that lucrative establishment known as the Paterson Hotel, now in full trade and turning a business of at least £10,000 p.a. It consists of a remarkably well built building of a superior order of architecture finished in an elegant and substantial style and containing on the ground floor five lofty rooms one of which is fitted up as a bar room with counter and shelves complete. The upper floor which is approached by a winding stone staircase (which alone cost two hundred pounds) contains also five neatly finished bedrooms with a balcony enclosed by iron palisading of exquisite design and taste". Further particulars of the building follow, and reference is made to "a rich and beautifully diversified view" also to the fact that "the high road from Maitland to Dungog ... William's and Manning Rivers, Port Macquarie, Port Stevens, etc. passes the door..." It later became Keppie's "Brooklyn Arms".
In March 1841 James Phillips sold property in Paterson, NSW. In March 1841, Felix Wilson, his neighbour at "Tocal", purchased 8 blocks of land from James Phillips for £2215.10.0. One of these parcels contained an area of three acres, two roods, sixteen perches, bounded on three sides Sloan, Main and Victoria Streets, and on the east side by certain allotments: the building known by the sign of the "Paterson Hotel". [C Mitchell p.148].
     March 29 & 30, mortgage registered (bk.V no. 656) from James Phillips to David William Jamieson & George Cooper Turner, consideration £3000; August 12 & 13 - assignment of mortgage debt, interest of Jamieson to Turner (Bk.Y no. 197).
     James Phillips travelled to Sydney, New South Wales, in 1842 per the "Jane Goudie". He was described as Mr Jas Phillips and departed from Liverpool.
     James Phillips made a will dated 23 August 1842 in Paterson, NSW. On February 3 1836 he made his last will and testament, but only the 1842 codicil survived wherein he left his allotment in Newcastle and additional land acquired in Paterson to his wife during her life then to be divided between all his living children. He also revokes his former executors and appoints his son Francis & David Sloan & his wife as executors.
     James and his sons Alfred, Francis H F, Henry & William signed a farewell address to Major Johnstone, Police Magistrate which was reported in the Maitland Mercury 21 January 1843. The Maitland mercury reported on 4 March 1843 that James Phillips called a meeting to hear candidate for election to the Legislative Council at Hinton? and on 11 March at Gresford. On the 25 March it was reported that he agreed to become a committeeman for Richard Windeyer's political campaign and was at the meeting of his supporters at the Victoria Hotel, Hinton.. Commenced a new tobacco manufactory. James was Post Master in 1847, in Paterson.
     On Jan 24 1848 - Bona Vista Lots 30, 31, 33-35: assignment of, inter alia, mortgage to Wm Todd (trustee for G C Turner & Oswald Bloxsome). Reg. book 14 no. 965..
     Jan 1 1849 - Lease for 7 years from Turner & Bloxsome to J Phillips of Bona Vista & Alfred W Phillips of Bona Vista of 2090 acres (except those parts sold by J Phillips to Felix Wilson and others prior to March 1841). Yearly rental £100.
     June 23 Maitland Mercury - a new tobacco manufactury established, Messrs Phillips of Bona Vista mentioned.
     June 26 Maitland Mercury - Phillips tobacco factory broken into. Reward offered by Mr Phillips
.
     March 30 1850, Conveyance Lots 30, 31, 33-35 to Wm Todd (trustee for Oswald Bloxsome & Thomas Iceton): apparently unregistered
.
     James died on 29 March 1851 in Paterson, New South Wales. At his residence Bona Vista, Paterson, on the 29th March, Mr James Phillips aged 75 years, a resident in the colony for 28 years, deeply regretted by a numerous circle of relatives and friends. He was buried on 31 March 1851 in St Paul's, Paterson.
     The administration of his estate was granted on 1 June 1852 at New South Wales.

Children of James Phillips and Lydia Ballard

Lydia Ballard

(after November 1790 - 24 November 1864)
Lydia Ballard (Phillips) with daughter Lydia? Howver thde crinoline suggests a later date.
     Lydia Ballard was also known as Kelsey? in records. She was born after November 1790. She was aged 38 in November 1828, 73 in November 1864. She may be: Lydy Ballard who was baptised 26 Sep 1790 at St Mary, Ealing, Mdx, daughter of William Ballard & Sarah Ballard. However she may have been a Kelsey - as given at the likely baptism of their 2 eldest children on 19 May 1811 at St Peter, Liverpool. Her second son was called William but no Sarah.
     Lydia Ballard married James Phillips circa 1808 in England. They probably married in late 1808 as their first child was born in November 1809. Her death certificate stated married in England.
     Lydia Ballard and James Phillips arrived per "Mary Ann" on 20 May 1822 at Sydney, New South Wales, Australia. The "Mary Ann" (474 tons) was built in Batavia of teak, and was owned by Parker & Co., registered in London. The ship's voyage began in Gravesend on the 27 October 1821. On Dec 5th 1821 Lydia was in the eighth month of pregnancy and had 4 children on board with them. There are several letters written in Dec 1821 at the PRO stating that he has purchased a thrashing machine and other agricultural implements to take to NSW, that he has 4 children on board and his wife is in the eighth month of pregnancy, having been out of work for so long and being obliged to wait so long for the ships sailing requests provisions.
They sailed 25 Dec 1821 from Portsmouth via Rio for 128 days under Captain Warrington. 108 females embarked, no males. 1 death, landed 62 at Sydney, 45 at Hobart. The arrived at Sydney 20 May 1822, 416 tons, 38 men, Henry master, Warrington - owner. (40 female prisoners landed Hobart, 62, 12 children at Sydney). Free passengers were Mr Ass. Surgeon Moran & Mr & Mrs Phillips and 5 children together with 12 steerage passengers and 24 children.
James Hall (the Surgeon Superintendent) wrote in his journal that the passage was quite rough, consequently the surgeon's journal is long and filled with notes on the treatment handed out to the mostly seasick convicts. There is no mention of the Phillips family in his journal, although " Die Lune 3: M Taylor & A Phillips, obstetrics..
     A letter dated 15 August 1822 from Lydia Phillips to the Colonial Secretary. Sir, In understanding that a vacancy has lately occurred in your Office, in consequence of the resignation of the Assistant Secretary Mr Atkinson, I have taken the liberty to solicit your kind interference with his Excellency the Governor to have Mr Phillips appointed to the situation. Hoping the strong testimonials he has received from those under whom he has had the honor to serve and his having been so many years accustomed to duty of that nature and likewise the strong recommendations to the protection of his Excellency and yourself may influence you in his behalf - I hope you will pardon the liberty I am taking in addressing you. Mr Phillips being at present at the Coal River consequently can't have the honor of waiting on you himself to ask the favour and the anxiety I feel for the welfare of a young & helpless family has induced me thus to trouble you, which if you will be pleased to take into your favourable consideration will confer a lasting obligation on myself and family ...... Lydia Phillips, Orphan House, Parramatta Aug 15 1822. .
     Lydia Ballard received a letter dated 23 May 1824. 1824 Smeeton Villa, May 23 - My dear Mrs Phillips, We were much pleased to hear of your late confinement being so well over and sincerely congratulate both yourself and Mr Phillips on the increase to your family of a fine boy who we hope will prove a source of happiness to you both. I am afraid you were extremely inconvenienced and I fear not sufficiently attended to; in not having a female proper to take the management of yourself, and the dear babe. But you have so very kind affectionate a partner?, who makes up for many deficiencies in other friends that the want of them is surely perceptible.
Jane is I assure you delighted to have another brother added to the list; I suppose she has only the dear little Isabell to rival her. Jane is much grown, she can scarcely wear any of her clothes that she brought with her. We have been obliged to add a few to her stock which will serve till she reaches the Coal River. She appears happy and is in perfect health. With respect to her studies we think greatly improved in her writing, and speech. She is extremely fond of drawing, and indifferently so of music. We think it a great pity she should leave her studies so soon, but that is for Mr P's consideration and yours; however whether she go or stay, we shall at all times, be most happy to see her, to make one of the family at Smeeton Villa; a new name we have given to our present residence.
I hope you are now comfortable settled at your new abode Patterson's Plains; an you find your stock increase, and you get your comforts around you, that the situation assumes new beauties, that you were not at first aware of. I assure you I find it the case here and I do not now wish to leave our remote retreat for any other tho' we can boast of but one neighbour and they are so distant from us, that our intercourse with each other is not very frequent. But as your family like mine, is so numerous, the want of other society is not very much to be regretted.
I hear Master Henry has paid you a visit, the gratification of seeing him was great and at such a time in the absence of Jane, a source of delight while confined to your room. Pray give my love to him should he still be with you. I hope all your other little ones are quite well, particularly my little Isabella, tho' I fear she is still called Charlotte. If so, it is highly wrong, give the dear babe twenty kisses for me. I hear she is very strong; I am pleased to hear it.
Mary, John & Isabella, beg to be kindly remembered to you, and Mr Phillips. Your servant came here this morning about five o'clock, and it is Sunday evening, and I have all the young folks to attend to, I hope you will excuse me writing a longer letter. Mr Biddall begs to write with me in best regards to yourself, Mr Phillips and family, and in the ... convalescent, and that the babe is also doing well, Believe me, my dear Mrs Phillips, yours affectionately, Isabella Biddall.
[Alfred William was born 24 March 1824].
     Lydia Ballard received a letter dated 26 January 1826. A letter from the painter Augustus Earl to Lydia mentions their mutual friend Mrs Ward, James Phillips had been away while Earl stayed at Bona Vista, he presents his compliments to Miss Phillips. He arrived per Cyprus in 1825 and was in Sydney by 31 Oct 1825. He left Sydney for NZ in 1827..
     The Australian (Sydney, NSW : 1824 - 1848), 4 July 1827 advertised;
THE UNDERSIGNED GIVES NOTICE THAT all Persons arc forbidden in any possible manner or way from trespassing on her land, situate between the grants of Phillips and Boughden, on the second Branch of Hunter's River, near Patterson's Plains, and that should any person or persons continue to do so, or do so in future, that such person or persons will be proceeded against and prose cuted according to law. S. M. Ward,.
     Lydia Ballard and James Phillips were recorded on 15 November 1828 census in 'Bona Vista', Paterson, New South Wales. James Phillips 48, Lydia 38, Henry 19, Jane 17, William Thomas 15, Frank Henry Fortunat 11, Isabella Lydia Augusta 7, Alfred William 4, Samuel James 2, infant boy 3 days, at Bona Vista, Durham. Protestants. All except the latter three who were born in the colony, came free in 1822. James Phillips was employer of Thomas Phillips labourer, aged 21, free, who arrived in the "Mangles" in 1827, Patrick Brennan 27, Thomas Briant 18, William Briggs 70, Charles Fowler 29, Ann Kennedy 13, Roger Mcnamara 46, Henry Singer 45 & others. He held 2090 acres, 180 cultivated, 300 cleared with 200 cattle, 5 horses, 1000 sheep. Lydia Ballard and James Phillips witnessed John Skottowe Parker and Jane Phillips's wedding on 21 August 1831 in Christ Church, Newcastle.
     In Lydia Ballard's will dated 3 February 1832, Lydia Ballard was named as executrix of the estate; mentioned in surviving codicil.
     In James Phillips's will dated 23 August 1842 in Paterson, New South Wales, Lydia Ballard was named as executrix of the estate; On February 3 1836 he made his last will and testament, but only the 1842 codicil survived wherein he left his allotment in Newcastle and additional land acquired in Paterson to his wife during her life then to be divided between all his living children. He also revokes his former executors and appoints his son Francis & David Sloan & his wife as executors.
     Lydia Ballard in Paterson, NSW, sent a letter dated 7 September 1845. Mrs Frankland, Northallerton, Yorkshire, England.
Bona Vista, 7 Sept 1845, My dear Mrs Frankland, I received your letter about a month since I forget the date and Mrs Parker took it home with her when last here. It gave me much satisfaction to hear of the improved state of your health. I put off answering it sooner as I about the same time received a letter from George informing me of his intention of leaving the Clarence very shortly and I wished to have seen him ere I wrote yours. He said he return overland, and as we have had a great gale of rain, and it still continues, I do not expect him for sometime, the rain is expected to have extended far, and would therefore prevent his starting, or in the event of his having left the Clarence would detain him at some station on the road. I know Frank will keep him as long as he can and will reluctantly part with as delightful companion as our dear George.I could not say how much he is beloved and respected by all our family and friends, wherever he goes he makes friends, he is of so truly amiable and obliging disposition. I look on him as one of my own family, and I think he feels as much at home here as he could anywhere away from his truly beloved parent and brothers, not a day passes when he is here but you are spoken of on some way, and he used to have long and amusing anecdotes to tell us of his visits to his friends in England, his fishing and shooting excursions and so forth after our game at whist last winter evenings and I, having so small a family at home, have been anxiously wishing his return to our fireside. he has been now many months away from us but I know you have been informed of his movements by himself and Jane. I am sorry we have not succeeded in obtaining any appointment as most situations worth having are filled from home. Two of Capt. Allman's sons are at present out of employment, and many others whose parents were supposed to have influence here. Capt. Allman has lost his situation as Police Magistrate and many others who have been government servants all their lives but there are acts of our wise legislators and I suppose for the general poor but I am heartily sorry for some of our other friends Who have grown grey in the public service George was greatly disappointed at finding cottages & buildings in such a dreadfully dilapidated state and the land exhausted from more than twenty years cultivation without manuring and proper management. The present tenants having that basis may not be expected to improve the land but make as much as they can out of it and of course impoverish more. Farm produce is now so low, and servant's wages so high, that even those who have no rent to pay find it difficult to clear their way. Rents are now generally so much lower that it would not pay interest of money expended in new fencing and painting the premises in thorough repair.
I have been passing the last month with Mrs Sloan who has a little son. Lydia is staying with her to improve in her music for she is very backward in her education having been taken from school too early during ... very dark times. I am thankful, and wool are now fetching a ... price in we are looking forward to brighter days.
Mr. Phillips desires me to present his fondest remembrances to you,
Believe me, my dear Mrs. Frankland
Yours affectionately
Lydia Phillips.
George in his last letter to me desired that no more letter or papers might be forwarded to the Clarence to him so that I am sure he will be home as soon as he can, and will write you immediately after his arrival
.
     Lydia Ballard sent a letter dated 1853. In a letter from his mother she says she seldom hears much of Frank.
     Lydia Ballard in Paterson, NSW, sent a letter dated 29 August 1853 to Edward Augustus Phillips. 1853 Aug 29, Bona Vista - My dear Edward, I had the pleasure of receiving yours of the 21st 2 days ago and feel thankful to providence that you are in health and spirits and have our very lively hopes from what you communicate that you will ultimately succeed in your arduous undertaking. William had a letter from Mr Medcalfe last week wishing to try his luck with him again at Dungog should the report of gold being found there prove correct. I hear 20 persons have left this neighbourhood to prospect there. I received a letter from Lydia the day I got yours which I enclose for your perusal. I have written her to return soon, as I expect Hannah will be married when time is up, which will be next week. I fear we shall not get one to suit us so well, I engaged a man and his wife but they quarrelled so dreadfully I was obliged to send her away. She is now with Mrs Stoddart, the man I don't approve and shall discharge at the end of his month. Eliza Parker is with Elizabeth who is without a servant. Alfred will endeavour to procure one while in Sydney. I have just had a letter from him, he names having had a pleasant run of 12 hours from Newcastle, he was surprised on sailing into the harbour to see all the ships dressed out with flags; it appeared the foundation stone of the Sydney Exchange was laid that day. Two ships of emigrants went in with them; both went into quarantine having measles on board. Elizabeth & Eliza dined with me today, they desire their love to you, both of them have very severe coughs again, indeed most people are suffering more or less. Mrs Cory had part of a letter from you to them. The Blacksmiths place and tools were destroyed by the fire at Gostwyck, happening in the night and Mr Cory being from home, the females were as you may imagine, much alarmed. I am and family are well. I seldom hear from Frank. Did he ever get the things you left at the Sonisan? William going on much as usual. Mr C Stoddart is going this week to see if any thing can be done at Dungog. He will stay at Browns. It is gratifying to hear, that horrid vice, drunkeness is being checked. I do hope you take advantage of every opportunity of attending Divine Worship. Let me urge on you my dear Edward to do so. This world, with all these petty and evanescent interests which now so engross and agitate, will soon pass away. Its pleasure wholly engage us, or its crosses and cares make us miserable. It would not be so if we felt that we had a portion above and beyond the world. We would think less of amusements or the inconveniences of the road if we looked more to the end of it. Do write oftener, it is a great source of pleasure to me to get a letter from you. John & Dolly always send their love to you when they see Lydia or I writing to you. They both wrote their Papa last week and got very pretty answers yesterday of which they are not a little proud. I will say no more now or shall tire your patience. Heaven guard you dear boy! and believe me ever, Your affectionate mother, Lydia Phillips..
     Maitland Mercury Aug 26 1854: - Preliminary notice of sale of Bona Vista estate (to be held 4 Oct 1854) under instructions from British & Colonial Bank & Loan Co. 2090 acres (some areas to be reserved).
     Lydia Ballard received a letter dated 6 September 1854. 1854 Sep 6 - Letter from Alexander Park to Lydia Ballard/Phillips at Bona Vista re Bona Vista leases preventing sale of Bona Vista. My dear Madame, Your favour of the 1st instant only reached me this morning - I have just seen Mr Atkinson and left with him your note with the various leases which I am promised will be taken into consideration on Friday next when the Board will meet. There appears to be some mistake about Capt. Creagh's lease. He holds some document authorising him to keep possession until March next - and informed Mr Bloxsome he would not give up his lease unless he was paid £300 - three hundred pounds. There is another difficulty however of a more formidable character existing - I mean, the Race Course Paddock, the lease of which does not expire till 31st December now - as this is the most saleable part of the property - Mr Atkinson says, & in his opinion I concur, there is no prospect of your proposal being accepted by the Board unless you can induce Keppie to surrender his lease. I really think it would be worth while to give him a hundred pounds or even £150 - rather than have the whole business marred. I feel certain if this cannot be arranged the Board will determine on selling the property in one Lot, in which case, it is probable it would not realize more than the debt - consequently the Company would not have it in their power to deal liberally with you - indeed Bloxsome says all their concerns must be closed without delay. You will perceive therefore how desirable it is to obtain possession of the land alluded to. I was under the impression the Race lease was nearly up - & so informed Messr Bloxsome & Atkinson on the occasion when I last addressed you on this subject. I hope most sincerely you will be able to prevail on Keppie to come to terms. No time must be lost - until I hear from you on this point I shall be very anxious. Believe me, dear Madame, Your sincere friend, Alex Park. .
     In 1855 there the property was offered for sale. Feb 3 1855 - 2090 acres, Bona Vista estate - To be sold on 21 Feb 1855 under instructions from British & Colonial Bank & Loan Co. in 10 lots instead of 1." Auctioned at the Paterson Hotel - the homestead block was described as "the homestead is erected on a first rate site, and so commodious as to be admirably adapted to and suitable for a family of the first respectability.
     April 4 - Auction 18 Apr 1855 of unsold portions of Bona Vista. Lots 11, 13-16, 17-28, 29, 31, 36-43 and 2 added lots. April 18 - Sold for : 80 acres at 12/6 per acres, 80 at £2.10, 6 lots of 40 acres each at £4.3.8, 3 lots comprising 104 3/4 acres at £2, & 3 building allotments at £12. Amount £1495.10p. Total £1686.18s. Sold on April 7 & 8 - portions of Bona Vista. Amount £313.10 Total £5095/19/10.
     April 28 & May 12 [Maitland Mercury] - For sale by private contract remainder of estate of Bona Vista. June 9 Remainder of Bona Vista to be auctioned 4th July 1855 - British & Colonial Bank & Loan co.
     May 10 - Letter re sale of Bona Vista homestead to Lydia Ballard/Phillips. Maitland, I have this day sold to Mrs Lydia Phillips Senr. through her agent Doctor Sloane, lots 30 and 31. Containing each 22 acres 2 roods portion of the Bona Vista Estate, and comprising the homestead for the sum of six hundred pounds - and to be paid for as follows. Namely four hundred pounds Stg. to be retained by Oswald Bloxsome Esq. out of the sum set apart by him for the aforesaid Mrs Phillips, the balance of two hundred pounds to be paid by Pro. notes made by Dr Sloan favour Manager of the British Banking Loan Company at the end of 9 months bearing 7.5 per cent entered from the day of the date hereof. Jeremiah Ledsam, Agent for Oswald Bloxsome, Esq. I agree to purchase the lots above named for and on behalf of Mrs Lydia Phillips senr. on the terms and conditions as stated above..
     The Maitland Mercury reported on Jan 16 1856 To be sold by auction (British & Colonial Bank & Loan Co) on 26/27 Feb 1856 the residue of Bona Vista & being the last of the Loan Co.'s properties in these parts will be sold positively provided there is any competition whatever. On April 28: Conveyance from Bloxsome & Iceton to James Brackenreg of lots 33-35 of Bona Vista Estate (Reg. book 43 no.57). Lots 30 & 31 Bona Vista - Release from Bloxsome & Iceton to David Sloan (Reg. book 45 no.578). Sep 2nd, conveyance D Sloan to Lydia Phillips, consideration £600, Lots 30 & 31.].
     Maitland mercury March 4 1858: - Sale of 83 acre farm etc. at Bona Vista near Paterson. April 8, Bank auction of Bona Vista lots at Paterson April 19th. Aug 21. Bona Vista residue for sale by private contract.
     Lydia Ballard made a will dated 5 August 1858 in Paterson, NSW. I, Lydia Phillips of Bona Vista, Paterson, widow being of sound mind and body, do by this my last will and testament this fifth day of August in the year of our Lord 1858 Bequeath and demise unto my beloved son Edward Augustus Phillips during his life time all my landed property and estate called Bona Vista situate in the district of Peterson to have and to hold the same until his death afterwards to his eldest son lawfully born. Should my beloved son Edward Augustus Phillips died and leave no male heirs lawfully begotten then the said property of Bona Vista to go to my beloved son Alfred William Phillips during his lifetime and at this death to his eldest son failing them then to my beloved grandson Clarence Alfred Phillips youngest son of my late beloved son Francis Henry Fortunatus Phillips and his heirs for ever, Lydia Phillips.
Witness: John Edward Cory, Josephine Cory, Louisa Hudson. E A Phillips: On this first day of August 1871 Henry Joseph Brown of Newcastle NSW solicitor being duly sworn maketh oath and saith as follows: 1. The foregoing is a true copy of the original will of which it purports to be a copy; 2. The signature E A Phillips ... above written is of the property of Edward Augustus Phillips the sole devisee named in the said will. Sworn by the deponent ... before me.

     Lydia died of hepatitis on 24 November 1864 in Paterson, New South Wales. On the 24th November, at Bona Vista, Paterson, Lydia, relict of the late James Phillips, Esq., aged 73 years. She was buried on 25 November 1864 in St Paul's, Paterson.
     A letter from the Registrar-General to Dr Ben Champion, stated: I have your further letter dated 13th June, 1967, with the details of the grant to James Phillips but unfortunately there was no accompanying sketch or detailed description of the Bona Vista house section in which you are interested.
Reference to Primary Application 1504 (by William Couper) which resulted in the issue on 6th June, l867, of Certificate of Title Volume 46 Folio 99 in the name of Dr. Richard Ryther Steer Bowker for Lots 22, 24 and 26 of the Bona Vista Estate, has enabled me to develop the relevant portions of the chain of title for Lots 30, 31, 33, 34 and 35 of the Bona Vista Estate -see accompanying sheet.
By transfer 8353 dated 13th February 1872 (expressed to be, in consideration of the natural love and affection I bear my wife and children and in part substitution for certain vessels comprised in my marriage settlement of which Charles Bolton of Newcastle Esquire and Frederick Holkham Dangar of Sydney Merchant are now the trustees) Dr. Bowker transferred 221 acres comprising Lots 22, 249 26, 27, 28 & 29 of the Bona Vista Estate to Messrs. Bolton and Dangar and Certificate of Title Volume 148 Folio 17 issued 10th October, 1872 for these lands.

Noted on Certificate of Title Volume 148 Folio 17 are (inter alia) No. 374644 Appointment of New Trustee dated 12th June 1896 between Richard Ryther Steer Bowker of the one part and Robert Steer Bowker of Sydney Physician and Surgeon of the other part registered No.703 (sic) Book 579 whereby and by virtue of the Trust Property Act of 1862 the above described land has become vested in the said Robert Steer Bowker as registered proprietor thereof in fee simple
No. 384656 Transfer dated 16th March, 1904, from Robert Steer Bowker to Moses Smith of Paterson, Auctioneer (consideration £1600).
Should you require a photostat copy of the handwritten registration copy of the Marriage Settlement (which would refer only to specified properties owned by Dr. Bowker in the year 1858), the accompanying application form should be completed and forwarded to the Registrar General with the prescribed fee of $7.50....

Extracts from the chain of title relating to Lots 30, 31, 33, 34 and 35 of the Bona Vista Estate near Patterson, County Durham.
30. 6.1823 : Crown Grant to James Phillips (serial No. 18 page 126) of 2090 acres in the County of Durham and Townships of Wolfingham & Middlehope.
29 & 30. 3.     1841 : Mortgage regd. Book V No. 656 from James Phillips to David William Jamieson and George Cooper Turner - Consideration £3000.
12 & 13. 8. 1841 : Assignment of Mortgage Debt : Interest of D.W. Jamieson to G.C. Turner : Regd. Book Y No. 197.
24. 1.1848 : Assignment of, inter alia, mortgage to William Todd
(trustee      for G.C. Turner and Oswald Bloxsome) : Regd. Book 14 No.
965.
30. 3.1850 : Conveyance (sic) to William Todd (trustee for Oswald
Bloxsome and Thomas Iceton) : Apparently unregistered.
1. 1.1849 : Lease for 7 years from George Cooper Turner and Oswald Bloxsome to James Phillips of Bona Vista, Paterson River, and Alfred William Phillips of the same place of 2090 acres (save and except all such parts as had previously to 30.3.1841 been sold by James Phillips to Felix Wilson and others) - yearly rental of £100.
28. 4.1856 : Conveyance from Bloxsome and Iceton to James Brackenreg of Lots 33, 34 and 35 of the Bona Vista Estate : Regd. Book 43 No. 57.
6. 7.1878 : Appointment of Charles John Brackenreg as trustee re will
of James Brackenreg.
14.10.1878 : Conveyance to Richard Ryther Steer Bowker of Lots 33, 34 and      35 : Regd. Book 185 No. 71.
10.11.1858 : Marriage Settlement Richard Ryther Steer Bowker and Lydia Frances Phillips - trustees given power to purchase land : Regd. Book 59 No. 11.
13.12.1869 : Appointment of new trustee re settlement : Regd. Book 132 No. 81.
12. 6.1896 : Appointment of Robert Steer Bowker as new trustee re settlement : Regd. Book 579 No. 702.
28. 4.1856 : Release     Bloxsome and Iceton to David Sloan of Lots 30 & 31 of Bona Vista Estate : Regd. Book 43 No. 436.
2. 9.1856 : Conveyance - David Sloan to Frances Lydia Phillips (Widow) of Lots 30 & 31 : Regd. Book 45 No. 578 - Consideration
£600.
1. 1.1857 :     Rectification of Book 45 No. 578 - correct name of
purchaser
5. 8.1858 : Lydia Phillips : Regd. Book 48 No. 168. Will of Lydia Phillips : Regd. Book 126 No. 557.
14. 4.1867 : Conveyance (to defeat..     estates tail) from Edward
Augustus Phillips to Richard Ryther Steer Bowker of Lots 30 & 31
Regd. Book 126 No. 554 Consideration £500.
16. 3.1904 : Conveyance. Executors of the will of RRS Bowker & R.S. Bowker as trustee re above settlement & children of settlers to Moses Smith of Lots 30, 31, 33, 34 & 35 : Regd. Book 757 No. 637 - consideration £800.
     The administration of her estate was granted to Richard Ryther Steer Bowker on 9 July 1869 at New South Wales. 1869 July 9: This day, by act of Court, Administration of all & singular, the goods chattels, credits and effects of Lydia Phillips deceased was granted to Richard Ryther Steer Bowker, the duly constituted Attorney of Louisa Jane Sloan a creditor of the deceased Intestate as to her personal estate Intestate died the 24th Nov 1864. Goods sworn at £200 Letters of admon. dated the same day as granted.

Children of Lydia Ballard and James Phillips