Z.F.
J.I
Vol.
Government
Publication
CALENDAR
OF
AMERICA AND WEST INDIES,
1685 - 1688.
PRESERVED IN TUK
PUBLIC RECOKD OFFICE.
KDITKli RY
Tin: HON. J. \Y . FOR TKSCTJE.
PUBLISHED liY THE AL'THOUITY OF THE LORDS COM MISRIONKttS 01 ItEH MAJESTY'* TBEASL'RY,
I'NDEK THE DIRECTION UK THE MASTER OF THE ROLLS.
First published by Her Majesty's Stationery Office
London
1899
REPRINTED BY ARRANGEMENT WITH
HER MAJESTY'S STATIONERY OFFICE, LONDON, BY
KRAUS REPRINT LTD.
VADUZ
1964
GovemaiccJ
Publication
CALENDAE
OF
STATE PAPERS,
COLONIAL SERIES,
AMEEICA AND WEST INDIES,
1685 - 1688.
PRESERVED IN TUK
PUBLIC RECORD OFFICE.
BY
Tin: HON. J. \V. FOUTKSCTJK.
PUBLISHED liY TUK AUTH01UTY OF THE LOUDS OOAIMISSJONEHS 01 HER. MAJESTY'S TBEASl'BY,
VNDEH THE DIRECTION UK THE MASTER OF THE UOI.L8.
First published by Her Majesty's Stationery Office
London
1899
REPRINTED BY ARRANGEMENT WITH
HER MAJESTY'S STATIONERY OFFICE, LONDON, BY
KRAUS REPRINT LTD.
VADUZ
1964
Y^BHAft]
APR 1 5 * -
Printed in the United States of America
CONTENTS OF THIS VOLUME.
PREFACE ....
CALENDAR OF STATE PAPERS, COLONIAL, 1685 1688
INDEX ....
1
667
PREFACE.
state of the f HE p resen t volume opens with the accession of King James
in s the Second, on the 6th of February 1685, and is continued
James s
accession, to December 1688, at which date, as will be seen, orders were
still issued from England in respect of the Colonies in his
name and by his authority. It will be remembered, on refer-
ence to the previous volume of this Calendar, that many most
important matters awaited the decision of the new King.
Massachusetts was virtually without a government ; and the
subjection of Massachusetts to the royal authority signified
great changes for the whole of New England. New Hamp-
shire also was without a governor. Bermuda likewise lay
in a state approaching to anarchy. Jamaica was under the
control of an administrator pending the arrival of a successor
to Sir Thomas Lynch ; in Barbados the corrupt rule of Sir
Richard Button was drawing to its close ; and in the Leeward
Islands there was the difficulty of finding a governor worthy
to follow the veteran Sir William Stapleton. Finally, French
encroachment was active whenever it could find an opening
against the British, whether in the West Indies or on the
frontiers of the North American Colonies. In a word,
Colonial affairs appealed urgently for the attention of an
active and resolute administrator.
The rebellion of & T ZJ }} and of the Duke of
Monmouth in May and June 1685 threw the first
energies of King James for a time into a different
channel. It is strange to note how swiftly the news of
these intended risings flew across the Atlantic. Monmouth
did not land at Lyme until the llth of June, and yet on the
</ 1. Wt. 8899, b
PREFACE.
26th of April it was already noised in New Hampshire that
the Duke of Monmouth was King, and that the Duke
of York would never be crowned (183, I.). The King's
Circular announcing the rebellion will be. found at No. 256,
and it will be noticed that it forms only an appendage to the
intelligence of a matter more important to the Colonies,
namely, the imposition of a duty on sugar and tobacco. A
further Circular (404) reports the transportation of a number
of the unfortunate rebels, whole lists of whom may be found
by reference to the index under the headings of Barbados and
Jamaica. There are a few depositions from two transported
rebels (561, 561, I.,TI.) which throw rather a curious light
on the recruiting of Monmouth's army and on the methods of
Jeffreys. Notices of the rejoicings in the Colonies over the
overthrow of the rebellion will be found at Nos. 372 and
405 ; but the name of Monmouth (see Index, Monmouth's
rebellion) for some time remained ready in the mouths of
men, when drink or insanity made them riotous or insub-
ordinate.
^ one quarter the news of Monmouth's failure was
Colonies, received with unfeigned relief. The defeated faction at
Boston had used the opportunity to spread mischievous and
malicious reports, giving great anxiety to the Governors of
neighbouring Colonies (371), and had evidently formed hopes
of regaining its forfeited liberties. At the outset of the new
reign Governor Brdadstreet wrote rather plaintively of the
penitence of the Colony, and of its hopes of forgiveness,
evidently not without some faith that the loyal celebration of
King James's accession (137, 138) might conciliate the royal
favour ; while Connecticut and New Plymouth also sent
loyal addresses (141, 147), not omitting to mention their
ancient liberties. But directly the air had been cleared by
the victory of Sedgemoor the indefatigable Edward Randolph
was set to work to impugn the Charters of Connecticut and
Rhode Island (276, 279) ; and the same fate was threatened
PREFACE. xi
against the Jerseys and Delaware (283, 304). A month
later Randolph, reminding the Lords of Trade that the loyal
party in Boston was still helpless and unrelieved, proposed
the establishment of a provisional government to secure it
from oppression (319) ; and his advice was acted on not the
less readily for the complaint of an Anglican minister
against the Independents of Boston. " Because I married
" two Anglicans and baptised others who desired to be
" members of the Church," he wrote (267), " they have
" done me every imaginable outrage short of prison, the lash
" and banishment, with which they have threatened me."
Joshua Moody and Increase Mather, the high priests of the
disloyal faction, were, as might have been expected, the
promoters of these disorders. So Randolph submitted the
names of a President and Councils for Massachusetts, Charles-
town Bay, New Plymouth, and Maine, together with a list
of towns fitted to choose Assembly-men (3 F 0), and sailed
away for his ninth voyage across the Atlantic (334).
" In Ma Y !686 F.M.S. Mary Rose arrived with the new
Commissioner for the temporary government, and on the
Govern W ^^ J se P n Dudley, the chosen president, swore in the New
ment. Council (674, 702). The Commission called forth a protest
from the late Secretary of Massachusetts Bay, containing
what might almost be called a menace, and yet on second
thoughts a sulky submission. ..." There being no
" mention of an Assembly in the Commission we think that
" highly concerns you to consider whether such a Commission
" be safe either for you or for us. If you are satisfied with it
" we, though we cannot assent thereto, shall demean ourselves
"as true and loyal subjects." (702, I.) However, the Council
was duly constituted, and rejoiced that its first address to the
King should be one of congratulation over the defeat of
Monmouth (790.) Meanwhile Randolph had lost no time
in reporting to the Company of Connecticut that he had
brought a writ against their charter, and that they would do
2b
PREFACE.
well to resign it. (696.) Asa matter of fact, owing to the
length of his voyage a tedious journey of six months the
time for the return of the writ was lapsed, so that in reality
he could bring no coercion to bear (794). The Governor
and Company, evidently aware of the fact, temporised and
asked the advice of Governor Dongan of New York (728,
729), finally addressing the King for recall of the writ and for
forgiveness for past offences (768). Rhode Island, on the
other hand, surrendered her charter (749, 750, 777) and sent
a messenger, John Greene, to England to beg for good terms.
Still Randolph was anxious. He complained that President
Dudley and his Council showed too much favour to the
disloyal faction in New England, and j**ayed for the speedy
arrival of a Governor- General (794, 824). At the same
time the eternal disputes over the proprietorship of
Maine and of the Narragansett country re-appeared (155,
819, 1059, 1060, 1104, 1105), and it was plain that there
would be abundant work for a Governor-General to do.
Meanwhile the Governor-General had already been appointed
Genera? 1 " ' m tte P erson of Sir Edward Andros, late the Duke of York's
Governor in New York, and recently employed as an officer
in the suppression of Monmouth's rebellion ; and his com-
mission and instructions were under preparation (see Inde.r.
Andros). Why Colonel Percy Kirk, the original Governor-
designate, was superseded, does not appear. The minutes of
the Lords of Trade shew clearly the general trend of the
royal policy towards the union of the whole of the Northern
Colonies under a single government (857). Still the process
was long, and Randolph grew uneasy over the influx of
Nonconformist immigrants from England, and over the
latitude allowed to them, under the royal grant of liberty of
conscience, by the President and Council. Dudley and his
peers also shewed no disposition to provide maintenance for
an Anglican minister recently sent to Boston from England.
" From the first foundation of the Colony," they wrote ?
PREFACE.
" ministers have been solely dependent on the voluntary
" contributions of their hearers. ... As his auditors
"increase so will his maintenance." (925) a piece of sound
good sense which was unanswerable. Altogether affairs
were in no very comfortable condition when in December
1686 Sir Edmund Andros at last arrived at Boston.
No Assem- The new Governor's instructions contained one ominous
bly allowed.
clause. The style of enacting laws was to be "By the
" Governor and Council," for there was to be no assembly of
elected representatives. The reason for this was partly set
forth in another provision, that neighbouring Colonies were
to be assisted on occasion, which subsequent experience, down
even to the year 1762, shewed to be far too wise to b&
acceptable. Moreover there was another unpleasant feature
in the new government, namely, two companies of red-coated
soldiers from the English Establishment for the garrison of
Boston, some one hundred and twenty men in all, who were
to incur the reproach of teaching the godly city to " drab,
curse, drink, damn, and swear"* (832, 856, 857). The tem-
porary Council had re-enacted laws and reimposed a few
taxes identical with those voted under the late charter ; but
the measures were ill received, although no novelty, since free
institutions >vere gone. Andros's first act was to take over
the fort of Pernaquid. He then addressed himself to
Connecticut, which after some hesitation had decided to yield
itself to the King's disposal (1197, 1237) for restoration of its
former government or annexation to New England. New
York was desperately anxious (see Index Connecticut) to
secure this province for herself, but the King, as shall be seen,
had a wider design than this in view, though for the present
some corrupt influence seems to have retarded his decision
(1237). So Andros busied himself with investigation of the
revenue of Massachusetts and of the rival claims to disputed
territories (1414), and at last in October went down in
Palfrey.
PREFACE.
person to Connecticut to annex it to his Government.
Federation Finally in April, 1688, a new Commission was issued to
England him, whereby he was constituted Governor not only of
York. Massachusetts, New Plymouth, Rhode Island, Connecticut,
New Hampshire, and Maine, but also of New York and the
Jerseys ; the whole being united under the name of New
England, with a special flag for the whole province (1688,
1689). At this point, therefore, it will be convenient to
leave New England for a time in order to trace the history
of New York.
NEW YORK. New York, as will be remembered, had been granted to
It becomes
a province James, Duke of I ork, and only at his accession passed to
Crown. the Crown. The inhabitants at once seized the opportunity
to point out that the province had suffered greatly through
the disjunction of the Jerseys and Delaware from it ; and
indeed it shtffild seem that the proprietors of New Jersey
had given good ground for complaint (lO, 23, 186). But the
Lords of Trade on their side were already looking askance
at the charter of New York, and resolving that its Govern-
ment should be assimilated to that of New England. Constant
pleas throughout this period for the annexation of Connecti-
cut and the two Jerseys, show that jealousy between New
York and New England was already in full play, and
sufficiently justify the wisdom of King James in cen-
tralising thoroughly if he centralised at all. The course
of the dispute may be traced in Nos. 1014, 1160, 1250,
1262, 1270, 1279, but, as its close has already been
indicated, the matter need not further detain us.
French The really interesting point in the history of New York
aggression,
and during these years is the story of French aggression and the
Governor . . j i /-<
Dongan. resolute fashion in which it was resisted by Governor
Dongan. In August 1685, he reported the French to be
quiet, and the Indian trade to be good. " But," he added,
" it will be much better if we take the same care as the
" French by putting a little fort on this side the Great Lake
" (Ontario), as they have on the other. It is in the King's
" dominions, nearer to us than to them, and would be an
" obligation to the Indians to bring their beaver to us, which
" would be six for one at present (315)." The " little fort,"
erected by the French, was that of Cadaraqui, or Fort
Frontenac, at the head of Lake Ontario ; and a principal
object with them in building it was to overawe the Five
Nations, or Iroquois, which were the most powerful tribes on
the continent, and to gain them from the English side to their
own. Dongan summoned the Five Nations to meet him at
Albany, and resolved to hold them fast to the English
alliance before the French could find an opportunity of
over-persuading them. The action at once called forth a
letter from a French Jesuit missionary, the first of a long
series that was to pass between the Jesuits and the Catholic
Governor of New York (327). In May 1686, Dongan
wrote to Mons. de Denonville, the Governor of Canada
(693), warning him that he knew of the French designs
against the Five Nations, and of the reasons for them ; but
that he had no intention of allowing them to go forward, and
was not to be deterred from his purpose by pleas for the
safety of missionaries in propagating the Gospel. Catholic
though he was, Dongan knew the methods of Jesuit mis-
sionaries too well to trust them ; and he gave de Denonville
to understand that he had heard of his intentions to erect
a fort at Niagara, and would not permit it. De Denonville
answered effusively, excusing his hostile designs against the
Five Nations, pleading eloquently for .the cause of Christ-
ianity (694, 727), and deploring the fact that so old a soldier
should take umbrage at the despatch of a few stores to
Cadaraqui. To this Dongan returned an extremely dry
answer (791), which seems to have given offence, for he
followed it up some months later by a letter of rather lofty
apology, but full of resolution to submit to no liberties from
the French (1027). He then wrote home giving an account
xvi PREFACE.
of the dispute with France (which, as he observed, turned
mainly upon their jealousy of the fur-trade), announcing his
intention of sending a party under Mr. Macgregory to open
up trade with the western Indians, and asking permission to
erect a fort at Niagara (pp. 328, 329). The Five Nations,
however, had been so much irritated by French aggression
that Dongan had much trouble in preventing them from
attacking the French missionaries, one of whom wrote to him
an almost touching letter of thanks for his good offices
(1282).
pongan's Still French encroachment continued, and Dongan's pro-
attitude tests became more serious (1317), till at last, in July 1687,
French. there came the news that the French had made an attack on
the Senecas, one of the Five Nations, and had been beaten
(1348). (Sundry accounts of the defeat of the French will
be found in Nos. 1416, 1421.) Dongan himself was at the
time at Albany engaged in palaver with the chiefs of the
Five Nations, examining the causes which had prompted
the French attack, and binding them closer to the
English side (1377-1379). Then came the news that Mac-
gregory's party had been stopped by the French and carried
away prisoners to Montreal (1427, 1428j. Dongan still kept
his temper, being unwilling to fight the French without
orders, in spite of their unprovoked onslaught on the Indian
allies of the English ; but he was urgent for prompt action.
The French were encroaching as fast as they could, and, as
he said, "a little thing now may prevent great expense of
" money and blood hereafter" (1429). Following on this
letter are copies of a furious correspondence between him and
de Denonville. In December 1686, a treaty of neutrality
had been agreed on with France, pending the settlement of
various questions in dispute between the two nations (1062) ;
and Dongan and de Denonville each reproached the other
angrily with violating it (1429, I., II., 1430). Finally, in
September 1687, Dongan furnished the Indians with arms,
PREFACE. rvii
took two hundred men to strengthen the garrison of Albany,
and sketched a plan of campaign for the Indian chiefs (1432,
1433). He had good cause to apprehend an invasion of the
French, and he wished, in anticipation of Pitt, to put an end
to their aggression once for all. " They will never live
" easily with then* neighbours till they have one good blow
" given them," he wrote (1479). . . . "It can be
" effected now by sending four or five hundred men from
" Europe to help the Indians, and ordering all the American
" governments to help with men and money." Such, no
doubt, is the best way in which to meet what is now called a
policy of pinpricks ; but Dongan was no swashbuckler, and
he adds with prudence and wisdom, " The constant expense
" inclines me towards a peace until the matters in dispute
" can be settled at home if the Governor of Canada will *quit
*' his fort at Niagara and leave things as they were."
Truce, and Accordingly a month later he proposed to de Denonville to
Neutrality* return things to their former state (1495) ; and in February
1688 negotiations were definitely set oil foot between the
two Governors (1638, 1638, I.-XIV.), which came for the
moment to little result, owing to the intense distrust of the
French by the Indians. Meanwhile commissioners had
been appointed to adjust the differences between the two
nations in May Ib87, with the result that a cessation of
hostilities in all quarters was agreed on for the year lt>88
(1254, 1600). But Dongan received distinct instructions
from the King to protect the Five Nations and to meet
invasion by invasion ; Andros in New England was ordered
to help him if required j and Virginia gave moral support by
representing to the King the vital importance of keeping the
Five Nations under the influence of New York (1505, 1506,
(1574). In effect Dongan did apply to Andros for troops,
and was loyally seconded by Sir Edmund (1548, L, II.,
1684) ; but before the operations could be pushed further
New York was merged in New England, and Dongan
received his recall to England in most honourable terms
(1712). Until the arrival of Amherst it is probable that no
Eoglish soldier ever did such good service to America as he.
Although a poor man, a Catholic, an officer only lately
retired from the French service, and with money still due
to him from the French King (791), he served England with
a vigour and prudence and a loyalty that were of lasting
value. No document more fittingly describes the man than
his letter to King James on his accession. " I believe your
" Majesty hath a whole crowd of importuners, so that I shall
" desire nothing for myself, but entirely submit to your
" Majesty's pleasure."
New York So Andros took over the administration of New York as
merged in
New.,Eng- Governor of New England, with a new Council and with
land*
special instructions to protect the Five Nations (1702), his
salary also being raised to i,400/. a year (1789). Every-
thing seems to have gone quietly in Boston, though two
memorials from the Dissenters to the King show theis anxiety
for their religion and their consciences, particularly in the
matter of the foisting of the Anglican doctrines upon them
(1860, 1869). It does not appear that they had the least
ground for alarm, beyond the fact that the Governor
borrowed one of their churches for Anglican worship,
without interfering with those who formerly used it (1676) ;
and the King set all doubts at rest by expressly reconfirming
liberty of conscience, free exercise of religion, and the con-
tinuance of the existing management of Cambridge College.
Considering the extreme intolerance shown by the dominant
faction at Boston in the past, these terms were liberal
enough.
Inroad of Then came a sudden inroad of Indians about JNorthtield
Indians.
and Springfield, carrying alarm into all the frontier settle-
ments. A good picture of the hot haste in which the men hi
authority galloped round the scattered townships to give
warning and organise defence will be found in a letter of
PREFACE.
xix
HUDSON'S
BAY.
French
encroach-
ment.
Pennsyl-
vania.
Colonel John Pyncheon (1877, I.). With a few further
details as to this alarm the story of New England under
James II. comes to an end. Though the colonies would
never have worked kindly without representative institu-
tions, as Randolph had foreseen, yet there was statesmanship
from at any rate one point of view in this attempt to unite
the jealous and contentious little communities against the
common enemy on the border.
In yet another quarter of North America French encroach-
ment had been busy and violent. In 1682 a party from
Canada had attacked and burned certain of the settlements of
the Hudson's Bay Company, and in 1686 another force had
despoiled the forts and factories at the head of Hudson's Bay,
captured three of the company's ships, and turned fifty English-
men adrift in a small vessel to starve. The whole state of
the case may be traced under the index-name of Hudson's
Bay, and the insolent attitude of the French is remarkable.
The affair appears to have been one of the first brought
before the notice of the Commissioners to adjust differences ;
and the English stood firm in their claim to the whole of
Hudson's Bay and to satisfaction for the damage done by the
French (1515). Among the Addenda to the present volume
will be found documents relating to a still earlier dispute
over this same territory, not without instruction for the study
of French violence and effrontery.
Turning next to the Southern Colonies, we find the
quarrel between Lord Baltimore and William Penn as to the
boundaries of Pennsylvania still unsettled until November
1685, when the Lords, having been stirred up by Penn (320),
at last pronounced their decision (456). But Penn seems to
have attempted in his turn to encroach on New York about
the Susquehannah, a proceeding which of course was much
resented by Dongan (pp. 327, 328). In retaliation Penn
appears to have spread a report that Dongan was about to be
recalled, which irritated that energetic officer not a little,
xx PREFACE.
and led him to appeal to Whitehall for support (1158,
1159), There is nothing in Penn's character to render
such action on his part incredible; and indeed Dongan speaks
of his conduct as though he could prove the facts. With
this, however, our information as to Pennsylvania is
terminated.
MARYLAND. In Maryland we take up anew the thread, dropped at the
Its charter
threatened, close of the previous volume, of the murder of the King s
Revenue officer by the Deputy-Governor, George Talbot.
The first news is of his escape from Virginia to Maryland,
where he met with much sympathy, and resided publicly
at his own house ; his example tending apparently to
encourage lawless proceedings towards the Collectors of
the King's Revenue (82, 136). Talbot was, however,
brought back to Virginia, tried and condemned ; for he
could plead nothing but that he was inflamed by passion
and drink (671, 773). The capital penalty was however
commuted by the King to banishment. For the rest
Maryland seems to have gone on as usual, the minutes of
Council presenting little of interest, though it should seem
that the King had at one moment the intention of cancelling
Baltimore's charter (632, 645), and actually gave orders
for the writ of quo warranto, doubtless with the design
of throwing this province also into the Government of
New England.
VIRGINIA. In Virginia, the first point of interest is a violent wrangle
Governor between the Governor and the Assembly on a constitutional
Wy- * point. The Governor wished to obtain a bill empowering
himself and Council to raise a limited sum for expenses of
government without further authority. The Assembly re-
fused, wherein doubtless it could say much to justify itself,
but then put itself into the wrong by refusing to admit the
Governor's power to veto a bill which had been clandestinely
garbled and altered from the draft bill as passed by
both houses (467, 563). This behaviour drew upon the
PREFACE. -am
Assembly the direct censure of the King (655, 800), who
directed that it should be dissolved as a mark of his dis-
pleasure ; nor can it be said that the reproof was wholly
undeserved. The effect of this rebuke was, however, small.
The Assembly was not to be so easily cured of its recal-
citrance. Colonel Philip Ludwell, who had been driven
from the Council after Bacon's rebellion but subsequently
reinstated, took occasion to appoint Robert Beverley, an old
firebrand who had been declared by the King to be incapable
of holding any public empl6yment, as his deputy in an
important public post ; and Lord Howard of Effingham
wrote almost in despair of the prospect of getting any useful
work done. It should seem indeed that the principle of
thwarting the Governor, which brought so much misfortune
on the Colonies sixty years later, was already a deep-seated
disease in Virginia ; and the monotony of blind obstruction
and controversy makes the minutes of its Assembly a trial to
any reader's patience. It is, however, refreshing to observe
that Virginia perceived the vital importance of retaining a
hold over the Five Nations ; and, after some hesitation,
agreed to furnish some assistance to New York (see Index.
Dongan). It is instructive also to note how the vexatious
restrictions of the Navigation Acts were rendered doubly
irritating by the arbitrary and occasionally corrupt action of
officers of the Royal Navy. The King's revenue-officers, as
is shown by the murder of Rousby, were not popular, so that
the Navy which upheld them could not be popular either ;
and though the Governor might strive to dp justice to the
Colonists with perfect loyalty and integrity, the task was, as
Lord Howard of Effingham could prove, no easy one (1264,
1507, 1627).
From Virginia I pass to Carolina, where we find the
slave-trade. Colonists in collision with the Southern Indians (28). The
trouble arose from the practice of carrying on a species of
xxii PREFACE.
Indian slave-trade, which the Lords Proprietors, for all their
censures and injunctions, seemed powerless to check. Cor-
ruption and lawlessness in Carolina appear indeed to have
been painfully rife. " Dealers in Indians boast that for a
" bowl of punch they could get whom they would chosen for
" the Parliament and the Grand Council. By this means
" they have got Acts passed prohibiting the sale of arms to
" Indians, which they caused to be observed by others but
" themselves broke with impunity " (58, 59, 172). It was
apparently the profitableness of this m trade and the desire to
encourage it that made the Colonists raise all kinds of
Constitu- constitutional objections to the orders of the Proprietors.
tional dis-
pute. The arguments which these objections drew from England
strangely resemble certain that were put forward, with a
different object, at the time of the American Revolution.
" Do York or Bristol, in England, choose more than two
" burgesses for Parliament ? Are not there many boroughs
" of ten houses that choose as many. The members for the
" least city or borough have equal votes with the members
" chosen by the greatest cities and largest counties ; so there
"is no reasjon why Colleton county, not having an equal
" number of inhabitants, should not choose an equal number
" of members." These arguments seem, however, to have
been considered inconclusive, for we find a secession of
members from the Parliament on constitutional grounds a
little later (472), involving further energetic remonstrance
from the Proprietors (1162). The complete history of this
constitutional dispute will be found at No. 1962, but how far
it is accurate it is not easy to decide, seeing that the state-
ment is that of the injured party only. But' it should seem
that the Governors sent out from England were not without
share of responsibility for many of the troubles, inasmuch as
they violently resented the advent of a new Governor who,
being also a proprietor, could exert more than ordinary
authority.
PREFACE.
xxin
A lawless But indeed wherever we look we find some irregularity in
community. J
the government of Carolina. The highest officials were not
to be trusted. Pirates were encouraged and harboured by
them (639, 1161) ; and it would appear that the orders of
the Proprietors on almost every subject were ignored. Then,
as if it were not enough to have irritated the Indians, the
Colonists made a raid upon their Spanish neighbours, which
of course led to reprisals and to international complications
(1161, 1457). Finally, in Carolina, as elsewhere, the King's
revenue-officers complained that the Navigation Acts could
not be enforced owing to the partiality of juries (1204) ; and
although the Proprietors denied the charge (1417), yet, as
they of necessity relied on the accounts of their own officials,
the denial cannot be accounted of great worth.
GeneniT' From the Continent I pass to the Islands, and first to
lawlessness. Bermuda. There the people continued in a state of anarchy ;
no regulations were observed, no orders obeyed, no govern-
ment enforced. The Sheriff released prisoners ; smuggling
and wrecking went forward unchecked ; and there was an
inclination to reject the Commission of King James, as being
that of .a Papist. The general lawlessness was almost in-
credible, and the Governor was powerless. When he at-
tempted to place the islands in a state of defence, two officers
of Militia took possession of one of the forts and refused
to give it up, one of whom sent the Governor the following
message : " These are to desire you to send some power
" and mash [powder and match], for there is not two shouls
" of power and no mash at all to defend the forts withal,
" which is all from your servant to his power, WM. KEALE."
The reader will probably admit that this is a true curiosity of
military discipline (210, 212, 396, 399 V.). Not content
with general insubordination, the people drew up articles of
" enormous crimes " against the Governor, which he refuted
clause by clause in a singularly wooden fashion (552). But
indeed he seems to have stood in danger of his life, and to
jcdr PREFACE.
have been saved only by the opportune arrival of a pirate,
Bartholomew Sharpe, in the harbour ; the people having
been greatly excited by the news of Monmouth's rebellion
metres ( 532 ' 533 ' 596 ' 6l7 )' Finall y 5 a man-of-war came in. Five
Governor ^ ^ e ringleaders were P ut aboard her in irons, and after a
long and cruel confinement, which was fatal to one of them,
were delivered to the Lords of Trade (852, 918), who found
no fault in them and ordered them to be released (1045). It
is difficult amid the mass of conflicting evidence to discover
the rights of the case, for the faculty of lying was demon-
strably developed to high perfection in Bermuda ; but, rightly
or wrongly, Governor Cony was loathed in the Island, and
there was no peace while he remained there. Still, on the
evidence of Captain St. Loe, an upright officer of the Royal
Navy, it seems likely that the Bermudians were a "mutinous,
" turbulent, hypocritical people, wholly averse to kingly
" government "(1533).
New Meanwhile a successor to him had been appointed, in the
appointed, person of Sir Robert Robinson (781), under whom the Islands
seem to have settled down to almost suspicious repose (1216,
1217). A Chief Justice was also sent out, named Henry
Hornesnell, who found little or nothing to employ him
(1597), and seems to have spent most of his time in watching
the new Governor and discovering corrupt practices on his
part. These may have been imaginary, but were probably
real, though it is hard to judge of accuracy or inaccuracy in a
man who finds himself set down in a distant island with
nothing whatever to do. He, however, secured one benefit
for Bermuda, in the shape of the same freedom of trade as was
accorded to other Colonies, before he obtained leave to return
home. Sir Robert Robinson also resigned his office, and,
wonderful to relate, Cony applied for and obtained reappoint-
ment to the Governorship (see their names in the index). At
this point we take leave of Bermuda,
PREFACE.
XXV
Turnm g next to Barbados, our attention is first occupied
b 7 the persecution of Sir John Witham, the Lieutenant
Pattern, Governor, by Governor Sir Richard Dutton. The case was
brought before the Lords of Trade in March 1685 (94, 95)
and Witham seized the opportunity to make damaging
counter-charges against Dutton (162). Dutton came home
for the trial of the case, having first initiated a bitter quarrel
with Edwyn Stede, whom he left in administration of the
government (288), and after much exchange of angry recri-
mination between the two principals (308, 413, 414, 429), the
Lords decided that Sir Richard Dutton's proceedings were
altogether violent and malicious, being prompted by no other
motive than that of depriving Sir John Witham of the half-
salary due to him as Lieutenant Governor (439). Thereupon
Witham was restored to all his offices, and Dutton, seeing
himself worsted, admitted his faults and pleaded for pardon
(448, 449). It is satisfactory to observe that this rogue of a
Governor received short shrift and little mercy at the hands
of the Lords of Trade (449, 454, 455), and that he was
called to account for other misdoings during his term of
office. (See Index, Dutton.)
Sir Timothy Under the administration of Edwyn Stede, Barbados,
Thoruhill.
though much afflicted by sickness and impoverished by
short crops, seems to have to lived fairly happily. What the
epidemic precisely may have been which was described
in the doctors' certificates as "contagious bellyaike"
294, 871), must be left for experts to determine, but
beyond doubt it caused great suffering and mortality.
Stede was also not a little troubled by a young Councillor,
Sir Timothy Thornhill, who had been appointed by Sir
Richard Dutton to the post of Major-General for the
express purpose of annoying the Deputy Governor. Thorn-
hill, it appears, was a man of lewdness and debauchery,
given to drinking, profaneness, and execrable swearing, and
also a corrupter of youths by no means of the Socratic
* V
XXVI-
PREFACE.
kind (1190). Stede, however, brought him to his bearings
by trying him for gross misbehaviour and imposing a
heavy fine, which, to the credit of the authorities at
Whitehall, was confirmed. For the rest, the favourable
answer of the King to a petition of the Quakers in the
Island (742), and the imposition of an additional duty on
sugar were matters which were not at all to the taste
of the Colony (367) ; but, upon the whole, the internal
condition of Barbados during this period calls for little
remark.
Dispute Outside its own borders, however, the activity of the
with the J
French over Governor was much exercised by a claim of the French
St. Lucia. .
to the sovereignty of St. Lucia and their occupation of that
Island in 1685 (541). King James at once ordered
English rights to St. Lucia to be vindicated by a man-of-
war (60S) ; and accordingly in May, Captain Temple, of
H.M.S. Mary Rose, sailed thither, erected the Royal
Arms of England, and ordered the French to leave the
Island. This done, he proceeded to St. Vincent, where
he was received with flights of arrows from the Caribs on
the shore. The sailors opened fire with muskets, and
having driven the Caribs into the jungle, pulled ashore with
all haste to complete their punishment, but could not
catch them. So they could but burn the huts, destroy the
provision-grounds and return in great wrath, bringing
with them a letter written by a French Jesuit, which they
found at the door of one of the huts (871, XII.). The
original of this document is the most interesting that
I have encountered while preparing the present volume.
It carries the reader to the coast of a shaggy, mountainous
island, where naked Caribs line the scrap of beach by
the jungle, shooting arrows furiously, with showers of
abuse, at a boat in the offing. The boat is filled with
angry Englishmen, tanned by salt, and sea, and wind,
pulling their hardest through the blue tropic sea to the
PREFACE. xxvii
shore, while one or two in the bows watch their chance,
as the boat rises and falls, to fire an effective shot.
Everyone is angry and excited, except a single calm
priest, who lies inside a hut on the beach, and with a pen
perhaps cut from the shed feather of some sea-bird, and
ink probably made from the soot of last night's camp-
fire, writes on a scrap of paper a request that the English
officer will spare his little hut as he must follow the
flying Caribs to baptise the fatigued and dying. The boat
draws nearer, the Caribs fly, the priest throws a handful
of sand from the beach over the wet sheet and flies with
them. And the English land to find nothing but the
scrap of paper to show them that a devoted priest indeed,
but also an active enemy of their countrymen in the
West Indies, is busily stirring up the native savages
against them. As in Canada, so in the Antilles, the Jesuits
were among the most persistent and subtle of the enemies
of the English.
The Governor of Martinique of course took umbrage at the
action of H.M.S. " Mary Rose," and there ensued an angry
correspondence between him and Stede as to the sovereignty
of St. Lucia, St. Vincent, and Dominica. The English arms
were torn down and re -erected ; there was much drawing
out of claims and counter-claims ; and finally the matter
came up before the Commissioners for the adjustment of
differences, and was set at rest for a year by the Treaty of
Neutrality, to be ultimately resolved many years later by
war (997, 1032, 1191, 1272, 1441, 1571).
Tobago. Simultaneously a question cropped up as to the sovereignty
of Tobago, which was claimed under an old agreement by
the Duke of Courland, who now desired the help of the
British in settling it. The question may be followed by the
help of the index (Tobago), but it is of little interest. The
English title to the Island is given in Nos. 1033, 1184 I.
Q 2
xxviii PREFACE,
LEEWARD Turning next to the Leeward Islands we find Sir
ISLANDS.
Death of William Stapleton still in command at the opening of
Sir William
Stapleton. the reign ; but by December he was in England (497),
and in the following year he went to France to
His drink the waters, where he died (813). His successor
successor. _ . T
was Sir Nathaniel Johnson, whose appointment was an-
nounced in August 1686 ; but there was long delay
in sending him out, and it is not till March 1687 that we
find him desiring instructions as to Sir William Stapleton's
practice of firing at Frenchmen that refused to salute the
British flag, and as to the encountering of Caribs armed and
stirred up by the French for inroads upon the English
Islands (1178). He did not reach his government until
some months later, his first letter being dated August 1687,
and meanwhile the administration was carried on by the
Deputy-Governors of the several Islands. There is a curious
petition of these worthies (498) for leave to accept presents
from their Assemblies, on the ground that they were " at
" continual charges for the entertainment of strangers and
" others that resort to these Islands." Certainly the plea
would be valid enough for Colonial Governors of the present
day, but it is hard to believe that the West Indies were so
much overrun by travellers two centuries ago.
Smuggling The pathetic appeal is endorsed " Nothing " ; which- may
places. in part account for the fact that the Leeward * Islands were
hotbeds of smuggling, which the Deputy-Governors took no
pains to check (1281). It is also remarkable that the
Deputy-Governor of Nevis, Sir James Russell, quarrelled
violently with an officer of the Royal Navy who attempted
to put down this smuggling and to suppress piracy ; and it is
natural to infer, indeed there is sufficient evidence to show,
that he at least made good the expense of entertaining
travellers by illicit methods (1111, 1232, 1356). A more
serious matter was a revolt of negroes in Antigua, which
seems to have been threatened rather earlier in Nevis (557).
PREFACE. xxix
The entries relating to it may be read in the Minutes of
Council of Antigua, and are occasionally rather grim. " A
" negro brought in who was proved to be in correspondence
" with the runaway negroes and was expected to run away
" and join them. Ordered that his leg be cut off." And a week
later, there is reference to the negro George who had been
guilty of mutinous behaviour on several occasions. " Ordered
" that the negro George be burned to ashes" (1189, 1193).
Thirty years later there was to be a more formidable revolt
and even more hideous punishment.
s. ir Sir Nathaniel Johnson seems to have been a pains-
Nathaniel
Johnson, taking man, though he was shocked, as Stapleton
had been before him, over the condition of the two
companies of regular troops that he found at St. Chris-
topher's (1387). He seems to have gone very thoroughly
into the system of government in the Islands and to
have found incredible confusion in the administration of
justice and in the titles of possession to land (1653, 1706,
which he endeavoured to set right. But beyond a suggestion
to settle the Virgin Islands and the transfer of the head-
quarters of the Government of Antigua (1773), there is little
of interest in his despatches.
JAMAICA. Lastly, I come to Jamaica, where Colonel Hender Moles-
Faction and
disorder, worth was still administering the government in succession
to Sir Thomas Lynch. From the first there was a faction,
headed by one Roger Elletson and backed by the veteran
privateer Sir Henry Morgan, which attempted to asperse the
memory of Sir Thomas Lynch and to upset the policy
initiated by him and continued by Molesworth (33, 57, 68,
128, 548). The trade in negroes with Spain, which is
generally associated with the word Assiento, had proved
very advantageous to Jamaica, and had been much encouraged
by Lynch and supported by his successor ; who, indeed, had
pledged his credit to establish it, making, as his enterprise
entitled him, a considerable profit out of it. The efforts of
XXX
PREFACE.
the hostile faction were therefore aimed much against this
Spanish trade, of which, from Molesworth's interest in it, we
hear a good deal (85, 193, 378, 549, 643).
J, he The same factious spirit presently shewed itself in the face
Maroons.
of a more important matter. In August, 1685, the negroes,
later known by the name of Maroons, broke into rebellion,
and it was necessary to raise troops to suppress them a
matter of some difficulty, since they could take refuge in
inaccessible strongholds in the mountains and would never
stand to fight (299, 339). The operations were not very suc-
cessful, and were therefore prolonged for a considerable time
at a considerable expense (445, 560). When the Assembly
met in June, 168C, the Lieutenant Governor appealed to it
for payment of the different parties of troops, but he antici-
pated difficulties, as care had been taken to fill the House
with obstructives (703, 731). His fears were realised. The
factious opposition first evaded the question for as long as
possible, then tried to raise the money first by an impost on the
Assiento, -and finally by an unjust tax on land, taking care
always to spare themselves (754, 779, 839). Notwithstand-
ing Molesworth's protests they refused to find the money or
to save their compatriots from being murdered by the
Maroons ; and at length, in September, Molesworth dis-
solved them (879, 880). One of the disaffected party then
offered to raise volunteers and suppress the rebellion, but as
Moles worth had anticipated, with no better success than
amounted to the "disturbing of a wasps' nest" (883, 965).
It was therefore necessary to renew operations once more,
which, after much exertion, reduced the rebel negroes to
great distress, though not to absolute submission (1128,
1220). There was still a full century to elapse before the
last should be heard of the Maroons.
Duke of Meanwhile fresh difficulties were in store for Molesworth.
Albemarle
appointed Sir Philip Howard, who had been designated successor to Sir
Thomas Lynch in the governorship, died before he could take
PREFACE.
XXXI
up the appointment, and in July, 1686, Christopher, Duke of
Albemarle, was nominated in his stead. How the factious
party contrived to gain influence over this miserable son of the
great George Monk does not appear ; but certain it is that he
at once asked first for regular troops to suppress the
rebellion, and next for power to reinstate Sir Henry Morgan
and another of the malcontents in the Council, as well as for
authority to draw half the salary and perquisites of the
government from the date of Sir Philip Howard's death
(769, 930). The troops were denied* to him, but the half
salary and perquisites were granted (1327, 1330), most
unjustly and improperly, to the prejudice of Molesworth.
The Lieutenant Governor protested, but to no purpose (1374),
and returned an account of the perquisities to show how mean
this application of a new rule was to his case. Albemarle,
however, was anxious to make money, and besides this
unfair grant of salary obtained also the gift of the King's
share of treasure recovered from a wrecked treasure -ship off
Hispaniola (see Index, Wreck).
His foolish Towards the end of 1687 the new Governor arrived in
and calami-
tous admin- the West Indies, and was received with special respect to his
high rank. He inspected the local militia (1567), and on
reaching Jamaica was thanked for his condescension in
accepting the government. Taking the matter with all
possible seriousness, he swore no fewer than three clerks
to the council "for his great dignity" (1954), and then
entered at once on a succession of follies. First he
persecuted Molesworth by requiring of him gigantic
security for payment of the dues on the wreck (1649), and
then he calmly appointed Roger Elletson, the head of the
factious party, and a man of bad character and antecedents,
to be chief justice (1646), One of the assistant judges,
refusing to serve under such a chief, was suspended from
the Council without trial (1659), contrary to the Royal
instructions. Simultaneously he assented to an Act for the
XXX11
PREFACE.
defrauding of creditors by attaching fictitious value to coin,
which no honest Governor should ever have looked at (1660).
Matters soon went from bad to worse. Sir Henry Morgan,
though apparently at the point of death, was restored to the
Council (1858) ; and by foul means an Assembly of the
factious was elected, and Elletson chosen speaker. Then all
went merrily for the rogues in the island. Elletson dis-
placed all officers obnoxious to him, by fair means or foul,
fined people right and left for imaginary offences, and so
contrived to enrich himself, find places for his creatures, and
release his friends from debt. In fine there were so many
rascals in high places, that Jamaica might have been set
down as in a state of revolution (1845, 1846, 1941).
His death: Fortunately, in the midst of all the trouble the Duke
his acts
reversed, died, chiefly it seems of drink ; and the whole of his pro-
ceedings were instantly discovered and reversed (1940,
1943). This act must have been one of the last official
decisions of James before his flight ; and certainly it was
eminently a right one. How Albemarle was allowed to
take up so important a post is a mystery, for he seems to
have been well known for a fool. He proposed to resettle
the Bahamas, to which the English were now returning
after the sack of New Providence, and to make it profitable if
it were granted to him for ninety years. " Your Grace does
" not tell us how you will make it profitable, nor how
"profitable you will make it," wrote the proprietors drily,
"which are things that should first be known" (1835).
Altogether his reign in Jamaica was a great disgrace.
GENERAL. ft remains to deal with a few general points concerning
sugar and the Colonial possessions at large. The first to be considered
4rtVtaswirv
is the new duty laid on sugar and tobacco by Act of
Parliament in 1685 (253). This enactment raised a howl
in the Colonies concerned, and elicited from Barbados some
very curious statistics as to the cost of raising sugar, and
the profit on the crop (367 L). Virginia also addressed the
tobacco.
PREFACE. xxxiii
King for exemption (450) ; but the Commissioners of
Customs dismissed both addresses with the comment that
there was nothing therein that they had not heard already
many times from merchants in London. Still the Colonists
refused to believe that the burden of the impost would
fall on the retailer " consumptioner or storekeeper," and not
on the planter, as the King's circular had assured them.
Another curious economic detail will be found at Nos. 559
and 676, when there was a proposal to establish a cotton
manufactory in Jamaica, which was disposed of, in essence,
by the curt remark, "the more such manufactures are
" encouraged in the Colonies, the less they will be dependent
" on England." This of course was in accordance with the
approved principles of Colonial policy at the time, and must
not be too harshly judged.
Irish trade, A still more important aspect of the same question is pre-
sented to view by the complaint of the Irish Commissioners
of Revenue against the exclusion of Ireland from the freedom
of trade which she had formerly enjoyed with the Colonies.
The case for Ireland was put with great force (No. 567), and
supported by the Lord Lieutenant of Ireland with tact and
statesmanship. " If," he wrote, " I can propose anything for
" the enriching of this wonderful and improvable country
" without prejudice to England or the King's revenue there,
" I hold it my duty to support it " (599). The English
Commissioners of Customs, however, viewed the proposal with
disfavour, though the whole gist of their arguments may be
summed up in a single sentence. " The position of Ireland
" and the cheapness of provisions therein are great advan-
" tages to the Irish merchants, so much so that if they were
u allowed to trade on equal terms with English merchants
" they would probably rob this kingdom in great measure
" of this flourishing trade " (613). The Irish Commissioners
retorted bv a second able statement of their case, but were
/
unable to resist making- reflections on the management of the
XXXIV
PREFACE.
Customs in England (638) ; whereupon the Commissioners
of Customs closed the controversy abruptly by a simple
reiteration of their former opinion (670). The corre-
spondence is in many ways instructive.
Piracy. Another matter which calls for special attention in the
present volume is the effort of King James to suppress
piracy in the Caribbean seas. The documents referring to
pirates are very numerous, and may be traced under the
heading Privateers in the Index, but there are some few that
O '
are of peculiar interest. In 1685 a body of privateers
established themselves in an Island off Panama, and for a
time defied the efforts of the Spaniards to oust .them (67,
148). The alarm was great ; and Governor Molesworth of
Jamaica apprehended that the injury would not be confined
to Spain, but would extend to the trade of all Europe.
Such, too, was the opinion of one of the pirates themselves,
who by his own account had been drawn into evil courses by
sheer force of circumstances. His letter is remarkable, and
contains passages of singular pathos, for he is sick of the
work and yet attracted by the glory of following, howsoever
remotely, in the footsteps of Drake. " If we have success
" against the Spanish fleet we shall make a desperate alarm
" all Europe over. I have some money, which I wish were
" with you for my wife. I shall, with God's help, do things
" which (were it with my Prince's leave) would make her a
" lady ; but now I cannot tell but' it may bring me to a
" halter Pray present my faithful love to my
" dear wife and tell her that she is ever in my mind " (87).
The subsequent adventures of this body of pirates will be
found at No. 805 I.
The most remorseless enemy of pirates in the West Indies
was Molesworth, who never saw a happier day than that in
which H. M.S. "Drake" sailed into Port Royal with four
famous offenders swinging at her yard-arm (1127). He
seems to have foreseen the possibility of Spanish retaliation
PREFACE.
in kind ; and he was justified by the rise of a fleet of sea-
robbers, known by the name of Biscayaners. These ships
held Spanish commissions! and attacked British ships,
down to the humblest fishing boat, and British possessions
with such relentless inhumanity that King James authorised
the Duke of Albemarle to suppress them, albeit they held
Spanish commissions, by force (see 678, 1406, 1959).
The pursuit of one such pirate brought Captain St. Loe, of
H.M.S. "Dartmouth," into an extremely critical position at
Porto Rico. The account may still be read of his sailing
from the port with a light wind, and of his final escape, after
enduring for two hours the fire of more than a hundred guns,
with his ship riddled with balls, fifty shot through her fore-
sail, .and most of her running rigging shot away (678,
V. IX.). Curiously enough, one of the most prominent of
the pirates owning allegiance to Spain was an Englishman
named John Bear, who sailed into Havanna, and gave out that
his wife was a noble woman who had run away with him.
The guns of the Castle were fired as a salute to her, and the
Governor and all the grandees attended the wedding. " The
" nobleman's daughter," wrote Molesworth, with an indigna-
tion that dulled his sense of the ridiculous, " is a strumpet
" that he used to carry with him in man's apparel, and is
" the daughter of a rum- punch- woman in Port Royal "
(1382.) We are not informed as to the feelings of the
grandees of Havanna when they learned the true rank of
this distinguished couple.
Commission I n other Islands, as has already been told, some of the
suppression English .Governors showed suspicious tenderness for pirates
of piracy.
(1356) ; and this fact may have prompted the King in
commissioning Sir Robert Holmes to sail with a squadron
for the total suppression of piracy, and in granting him all
profits that should be earned by the venture (1411, 1602).
It is worthy of notice that the faction which obtained the
upper hand in Jamaica under the Duke of Albemarle was
xxxvi PREFACE.
the reverse of zealous in support of Holmes (1865), which
gives fresh proof of its character for rascality and corruption.
Military AS to the British army, there is comparatively little of
and Naval .
matters, interest in this volume, beyond the establishment of regular
troops in Boston as well as New York, on the reconstitution
of the garrison companies in the Leeward Islands (1742).
As to the 'Navy, allusion has already been made to such
features as called for remark. The misbehaviour of captains in
using the Acts of Navigation as a means of levying blackmail
may be studied by reference to the names of Captains Allen
and Crofts in the index, and in particular to Nos. 1264, 1627
XIX,, which documents throw a curious light on the occur-
rences which were possible in those days on a man-of-war.
Lord Howard of Effingham was not at first loyally supported
at home in his endeavours to suppress their discreditable
practices ; and, indeed, nothing is more striking than the
contempt wherein Colonial Governors were held by officers
of the Royal Navy. This is not difficult to explain, for a
man with a disciplined force at his back must always feel that
he is master of the situation ; and there can be no doubt that
even now the Admiral on a colonial station is reckoned by
the colonists a far greater man than any Governor. Still
matters must have gone rather far when a Governor could
make such a report as the following : " Not long since,
" Captain Allen's mistress or ward was delivered of a son on
" board his ship, whereby he was so elevated that he sent me
"word next day that he had a son and heir, which was
" presently christened with great solemnity." The lawful wife
of another captain drove the crew to mutiny by throwing the
fire of the hearth on the cabin floor whenever she quarrelled
with her husband.
Colonial For the rest it must be observed that under the superin-
administra-
tion under tendence of so capable an administrator as King James
King
James. colonial business was handled at Whitehall with an energy
and swiftness hitherto altogether unktfbwn. The reconsti-
PREFACE. xxxvii
tution of the northern colonies of America was in itself no
light task, and the sudden outburst of activity in French
encroachment made this short reign a period of ceaseless
anxiety and trouble. Yet the difficulties were manfully
faced ; and Dongan, the most efficient of the English
governors, was well and loyally supported. The appoint-
ment of the Duke of Albemarle to Jamaica was a great blot
indeed in the management of the Colonies, but his misdeeds
were no sooner known than every one of his measures was
cancelled. From maay points of view, indeed, it is a pity
that King James' reign was so short, or we might be able to
form a sounder judgment on his experiments in colonial ad-
ministration. Nor is it possible without a certain feeling of
pity to contemplate the reports of the rejoicings over the
King's birthday, and, still more, over the birth of the child
afterwards known as the Old Pretender. There is a
curious picture of old Jamaica, on the 14th of October,
1686. " The Governor entertained all the principal gentle-
" men and officers with a very sumptuous dinner ; and in the
" evening the Governor's lady being waited upon by all the
" gentlewomen of quality, gave them a very fine treat, and
" afterwards entertained them at a ball composed of a suit-
"able number of masqueraders, very curiously habited, and
" variety of music, all managed with that admirable order as
" gave great beauty and grace to it. They continued dancing
" very late, but the streets shone with bonfires to light them
"home (981)." Or take the picture of old Barbados at No.
1876, III., the Governor drinking seven royal healths in
two central places, in honour of the birth of the Prince of
Wales, amid regimental volleys from the foot guards and
universal acclamation of huzzas ; and then as a climax " a
" most magnificent entertainment such as the present state of
" the West Indies never saw, and the future will admire. At;
" the head of every company was set a quarter cask of wine,
" meat and bread and all necessaries for two thousand people,
xxxviii PREFACE.
" besides five hundred gentlemen at one table of two
" hundred and fifty feet in length, who were also entertained
"at the Governor's expense. The ladies and other persons
" of quality had also a splendid entertainment of sweetmeats,
" the best that Europe and the West Indies afforded. At last
" a bonfire to a stupendous height being erected at the Court
"gate, the Governor, as a fresh pattern of loyalty, again
" drank the whole Royal Family's health, the whole island
"with guns, fireworks, and voices echoing after him, God
"Save the King and the Royal Family." Not the least
interesting feature of the next volume will be the study of
these patterns of loyalty on the accession of William of
Orange.
J. W. FORTESCUE,
ERRATA.
P. 218. For Vol. LVII. read Vol. LVIII.
P. 243. Second abstract. Insert at head, No. 864.
P. 248. Abstract 871xm., line 2, for Martinque, read Martinique.
P. 255. For Vol. LIII. read Vol. LVIII.
Abstract No. 935, for Musgrave, read Mulgrave.
Abstract No. 1,051, for Vol. LIX. read Vol. LVIII.
Abstract No. 1,061, 1. 1, for from read for.
Abstract No. 1,352, I. 4, for Negro read Leeward.
Abstract No. 1,362, I. 4, for Marine read Maine.
1685.
Feb. 6.
Feb. 6.
Feb. 6.
Feb. 7.
Whitehall.
Feb. 9.
Whitehall.
Feb. 12.
Feb. 12.
Nevis.
COLONIAL PAPERS,
AMERICA AND WEST INDIES.
1685
1. Circular. Lords of Trade and Plantations to the Governors
of the Colonies. Reporting death of King Charles II., and direct-
ing the proclamation of King James II. Proclamations for that
purpose, and for continuance of officers in their places, enclosed.
[Col. Entry Bk., Vol. XCVII., p. 121.]
2. The circular as sent* to Jamaica was signed W. Cant.,
Beaufort, Huntingdon, Clarendon, Dartmouth, Guilford, Halifax,
Bridgewater, Peterborough, Rochester, Chesterfield, Aylesbury,
Middleton, J. Ernie, L. Jenkins. [Col. Entry Bk., Vol. XXX.,
pp. 298-299.]
3. Proclamation of King James the Second as King. Printed
forms filled up for the following Colonies : Jamaica, Barbados,
St. Christopher's, Antigua, Nevis, Montserrat, Bermuda, Virginia,
Maryland, New Plymouth, New Hampshire, New York, Pennsyl-
vania, East and West New Jersey. [Col. Papers, Vol. LV., Nos.
11-25.]
4. Proclamation for the continuance of all officers in their
places. Col. Entry Bk., Vol XCVII., pp. 123-125.]
6. Order of the Privy Council. That no ship suspected to be
bound for the Plantations, that shall not give good security not to
sail thither, shall be permitted to leave the Downs on the river.
[Col. Entry Bk., Vol. XCVII., p. 127.]
6. Order of the King in Council. That a ketch or advice-boat
be made ready to carry tfie proclamation of King James II. to the
Plantations. [Col. Entry Bk., Vol. XCVII., p. 128.]
7. Lord Baltimore's receipt for the Council's letter of 6th
February and the Proclamation. Holograph. Signed, C. Balte-
more. p. Endorsed. [Col. Papers, Vol. LV., No. 26.]
8 The Clerk of Assembly of Nevis to Lords of Trade and
Plantations. Forwarding duplicates of the transactions to date.
Signed, Tho. Thorne. p. Endorsed. Reed. 9 May, '85. [Col.
Papers, Vol. LV., No. 27, and Col. Entry Bk., Vol. XLVII.. p.
185.1
Wt. 8899. A
COLONIAL PAPERS.
1685.
Feb. 12. 9. Memorandum of the despatch of the letter of 6th February,
with the proclamation of King James's Accession, to Connecticut,
New Plymouth, Rhode Island, New York, New Hampshire, Vir-
ginia, and Massachussetts. [Col. Entry Bk., Vol. LXl., pp. 219-
221.]
Feb. 13. 10. Governor Dongan to the Earl of Perth. I am mightily
New York, surprised to find by a letter from you and other proprietors of East
Jersey that I am accused of acting to the disadvantage of your
Colony and to the dishonour of my master. Did I know my crime
and accusers I should be better able to answer. Believe me, I
have acted nothing unjustly to your Agent or your people, so far
from it that, when I thought they were taking wrong measures,
I advised them for the best, as I thought, both of the proprietors
and the people. What they complain of in me I know not, but
I am sure that the people cry out very much against them. What
I wrote to His Royal Highness I was obliged to write in the in-
terest of the province. Were you in my place, you would under-
stand the inconvenience of having two Governments on one river,
yours having the advantage of being some leagues nearer the sea
than ours. Your Agents have dispersed printed papers, to the
disturbance of the inhabitants of Staten Island. It has been in
the Duke's possession over twenty years (except the little time
when the Dutch had iij), having been purchased by Governor Love-
lace from the Indians in the time of Sir George Garteret. No pre-
tence was ever made till your Agents claimed it. It is peopled
by above two hundred families. To convince you that I have done
nothing amiss in writing that it would be convenient to regain
New Jersey, I assure you that some of the proprietors themselves
are of the same opinion, and have told me so. Again, under other
Governors, ships that came to Amboy made entry at New York,
but I have desired no such thing, nor will I till I am assured of
the Duke's pleasure. It shall not be my fault if there be not an
advantageous correspondence between us. Signed, Tho. Dongan.
I had almost forgotten to tell you that, to preserve a good corres-
pondence between the Governments, the Assembly had lately
passed an Act allowing almost equal privileges with this province
to East Jersey. 1| pp. Endorsed. Reed. 1 April 85. Printed
in New York Documents III., 353. rCol. Papers, Vol. LV., No.
28.]
Feb. 13. 11. Receipt for a packet addressed to William Penn. Signed,
Wm. Markham. Scrap. Endorsed. [Col. Papers, Vol. LV., No.
29.]
Feb. 13. 12. Receipt for two letters to the Governors of East and West
Jersey, enclosing proclamations. Signed, E. Byllynge. % p.
Endorsed. [Col. Papers, Vol. LV., No. 30.]
Feb. 13. 13. Order of the King in Council. To take off the embargo
laid on vessels bound to the Plantations (see No. 5). [Col. Entry
Bk., Vol. XCVII., p. 129.]
AMERICA AND WEST INDIES.
1685.
[Feb.]
Feb. 15.
Feb. 15.
Feb. 15.
Antigua.
Feb. 16.
Whitehall.
Feb. 16.
Feb. 17.
Feb. 17.
14. Royal Warrant for the continuance of the existing seals
in the Colonies, pending preparation of new seals. [Col. Entry
Bk., Vol. XCVIL, p. 129.]
16. The foregoing warrant as addressed to Lieutenant-Governor
Molesworth, Jamaica. Countersigned, Sunderland. [Col. Entry
Bk., Vol. XXX., p. 299.]
16, The same to Governor Lord Howard of Effingham, Virginia.
[Col. Entry Bk., Vol. LXXXII., p. 317.]
17- Governor Sir William Stapleton to Lords of Trade and
Plantations. I am just arrived from the Virgin Islands, where I
met an English sloop taken by a Spanish barcoluengo, eight men
in her and one killed. Both vessels were fitted to take our vessels
and negroes at Tortola. I have sent to demand satisfaction from
the Governors of Porto Rico and Hispaniola. In the latter there
is a galley or bark fitting out for the like purpose by our friends
and allies, while the King prohibits such practices to his subjects
abroad. Having no reply from the Governors yet, I can tell you
no more. Signed, Wm. Stapleton. Holograph. 1 p. Endorsed.
Reed. 22 April 1685. [Col. Papers, Vol. LV., No. 31, and Col.
Entry Bk., Vol. XLVII., p. 183.]
18. Lords Proprietors of Carolina to Joseph West, Governor of
Carolina. Reporting the death of King Charles II., and ordering
King James II. to be proclaimed, and all officers to be confirmed
in their places. Signed, /Craven, Bath (for Lord Carteret), P.
Colleton. A similar letter was sent to Albemarle. [Col. Entry
Bit., Vol. XXII., p. 41.]
19. -The same to the same. Being convinced that Charlestown
is, from its situation, unhealthy in the hot months, we order that
the Courts there held be adjourned from the 10th June. If it
be necessary to hold a court, you will convene it at London, or some
place at the head of Ashley River, for it is unreasonable to sum-
mon men to a place where (as we hear) there is no wholesome water,
and whence where they are sure to return sick. You will advise
all new comers to settle far up from the sea, for so low and watery
a situation as Charlestown and the coast of Carolina has never been
roved healthy in any part of the world. Signed as the preceding.
</., p. 42.]
20. Warrant to William Hilton, Provost Marshal, to buy in
the estate of William Vaughan, for a debt decreed against him in
Chancery. Signed, Richard Chamberlain. 26 September, 1684.
Copy. \ p. Endorsed, with the receipt for the sum to be levied.
Signed, Thomas Thurton. 17 February, 1684-5. Inscribed.
Read 4 Dec. 86. \Cd. Papers, Vol. LV., No. 32.]
21. Minutes of Council of Barbados. George Hahnay's peti-
tion, that the authority under which he detains Sir John Witham
in custody is insufficient to protect him against an action for false
' A 2
4 COLONIAL PAPERS.
1685.
imprisonment. The Council decided that the authority was
sufficient. 200 granted to Benjamin Dwight on account for ex-
penses of last Sessions. Ordered that the information brought
against Thomas Doxcey in Sir John Witham's time be proceeded
with. Adjourned to 13 March. [Col. Entry Bk., Vol. XI., pp.
576-578.]
Feb. 17. 22. List of writings received from Sir John Werden concerning
New York. The Duke's charter of franchises and privileges,
three Acts and nine Bills. Draft receipt unsigned. 1 p. [Col.
Papers, Vol. LV., No. 33, and Col. Entry BL, Vol. LXVIII., pp.
6], 62.]
Feb. 18. 23. Governor Dongan to Sir John Werden. I send enclosed
New York the Act of Assembly, which I hope will answer satisfactorily the
first clause in your letter of 26 Aug\ist. "We went so far in the
fishing as to subscribe 2,500Z. and but 100?. in the name of the
Duke. The project has been ruined .by a report from Boston and
Pennsylvania that this country was sold to a Colonel Thompson.
The ship desired need have been no larger than of 70 or 80 tons
burthen, being designed to run constantly between this and
Ireland, and bring passengers hither. Their passages, being paid,
would have cost the Duke nothing. You say I may set up a post-
house, but send me no power to do it. I never intended it to be
expensive to the Duke. It was desired by some of the neighbour-
ing Colonies, and is at present practised in some places by horse-
and foot-messengers. I go to-morrow to Connecticut with the
gentleman who adjusted the limits, to have them signed by the
Governor and myself. Please send the articles of agreement
which I sent for the approval of the King and the Duke. I shall
do all I can to settle a Post-office there, and if I can shall go to
Pemaquid this spring, and try to settle a post-house at Boston.
As for the garden, I believe no Governor will make use
of it, being remote from the post, and of no use except
for tenements. The house is on the other side of the town,
an alehouse, much out of repair. Since I am to have
it I am well content ; I hope the farm will not be refused,
being but 10Z. a year, and a long lease, granted to Sir Edmund
Andros. I shall do my best to get a good tenant for the other two
houses, though some mistrust the title. Billop's plantation is
opposite to Amboy, and if vessels be allowed to come there, and not
enter at New York, it will be impossible to prevent goods from
being landed at Staten Island. It was reported that he intended
to sell it to one of East Jersey. Please look into the last patent of
East Jersey to see whether shipping coming into Sandy Hook be
compelled to enter at New York. The continual pretences of the
Quakers to Staten Island disturb the people, who are more than
two hundred families. As for the mint, I submit it to your judg-
ments. There is no way to prevent the Indians' trade with New
Jersey, but by running the line from Hudson's River to the Dela-
ware, and arranging that the Indians shall not cross the bounds of
New Jersey,, which are already settled on tjie Hudson. I expect
a dispute with Boston about the lands between Connecticut and
AMERICA AND WEST INDIES.
1685.
Feb. 18-
Feb. 20.
Whitehall.
Feb. 20.
Virginia.
Feb. 20.
Feb. 21.
St. Helene.
[Carolina.]
the Hudson. They claim all along to the South Sea, as Connecti-
cut did. If any Colony will flourish, it is this; and I believe in
ending disputes rather than delaying them. Pray further my
request to Lord Rochester that I may pay my debts in London.
My humble service to your good father. Signed, Tho. Dongan.
Lord Perth has sent me an angry letter : please forward my answer
to him. Holograph. 3 pp. Endorsed, Reed. 1 April. Read
1 May, 85. Printed in New York Documents, III., 355. [Col.
Papers, Vol. LV., No. 34, and Col. Entry Bk., Vol. LXVIII.,
pp. 63-67.]
24. Order for the attachment of the estate of Sir John "Witham.
Signed, Edwyn Stede. Copy. 1 pp. Endorsed. [Cel.
Papers, Vol. LV., No. 35.]
26. Order of the King in Council. Referring the petition of
Walter Stephens and others to Lords of Trade and Plantations for
report. Signed, John Nicholas. \ p. Annexed.
25. i. Petition of Walter Stephens and others to the King. We
are creditors of Ralph Moxon and James Helloway, who
became bankrupts in June, 1683. The greater part of
their effects are in Antigua and Barbados, where the
factors decline to deliver them, or come to any account
thereof, pleading that they are the King's by forfeiture,
Holloway having been executed for treason. We beg
your order to the Governors for assignment of the effects
to us, pursuant to a commission of bankruptcy. Copy.
l pp. The whole endorsed, Reed, and read, 23 Feb.
1684-5. [Col. Papers, Vol. LV., No. 36, 36i., and Col.
Entry Bk., Vol. XCVII., pp. 167-168.]
26- Governor Lord Howard of Effingham to the King. My
own thanks for your gracious acceptance of my service, and the
Colony's for the bestowal of the quit-rents on the inhabitants. I
entreat that those under Lord Culpeper's proprietorship may share
in this bounty. I beg also for consideration of the fact that my
wife .and family came out in a merchant-ship, saving you the ex-
pense of a man-of-war. Signed, Effingham. Holograph. 2 pp.
Endorsed. [Col. Papers, Vol. LV., No. 37.]
27. Commission from Lords Proprietors of Carolina to Robert
Quarry. To be Receiver General of the Province of Carolina,
South and West of Cape Fear. Signed, Craven, Bath (for Lord
Carteret), Albemarle. [Col. Entry Bk., Vol. XXII., p. 43.]
28. Caleb Westbrooke to [Deputy-Governor Godfrey ?] I fear
it is too true that since I wrote at Amecara'v on the Westo
River a thousand or more Yamasees are come down daily
from the Cowetaws and Kusectaws, with whom they used
to live. More are expected, and ten Cassiquas [caciques]
wiiih them. This day the Aratomahaw and other Indvins
are gone with canoes to bring them hither, besides three
nations of the Spanish Indians that are Christians, Sapella, Soho,
and Sapickays. Of the latter, some are already come to Arato-
6 COLONIAL PAPERS.
1685.
mahaw's house. I intend to go in a few days to Amecaraw to find
out the truth, and will endeavour to stop them till I hear from you,
but I fear they may be too many for us this time, for it may be a
design of the Spaniards. It concerns me to know if evil is
designed, for I am the first man that must feel it. I shall report
to you on my return. Aratomahaw often told me that the Island
on which they were would be full, and that they should want land
to planix upon. I informed Lord Cardross of it, and advised that
they might be put on Hilton's Island head, to be an outguard to us,
and he was content. Aratomahaw told me that this would be full
too, but little thought of this quantity. I have not heard frfcm my
lord whether the Indians have taken the Spaniards or not. I learn
to-day that Aratomahaw and two Kussecaes [caciques] of the Yama-
see tribe are gone to Amecaraw, stay three days, and then advance
against their enemies, the Timechoes, who are the Spaniards' friends.
Most of the Tamasees that came first are left behind with their
wives and children, so I hope they have no correspondence with the
Spaniards (see No. 83). [Col. Entry BL, Vol. XXI., p. 142.]
Feb. 23. 29. Journal of Lords of Trade and Plantations. Petition of
the creditors of James Holloway read (see No. 25). A copy sent
to the Attorney-General.
Lord Sunderland delivered a copy of articles preferred against
Governor Cony by William Milbourn and William Bighton, also
Colonel Cony's letter of 21 October to Lord Nottingham (see
preceding volume). Agreed to represent the whole matter to the
King.
Draft report touching Mr. -Rousby's murder read.
Colonel Molesworth's letters of 15th and 18th November read
(see preceding volume). The matter to be brought up when
Captain Phipps returns to England.
The Lords recommend that the commissions to Governors of
Plantations be renewed, with such alterations as have been agreed
on. All Councillors in the Leeward Islands to be henceforth
appointed by the King's Warrant. Memorandum of letters
despatched. [Col. Entry BL, Vol. CVIII., pp. 93-98.]
Feb. 25. 30. Journal of Lords of Trade and Plantations. Draft report
respecting Bermuda read (see No. 35). Memorandum of
letters sent. [Col. Entry BL, Vol. CVIII., pp. 98, 99.]
Feb. 25. 31. Order of the King in Council. Approving the report of
Whitehall, the Lords of Trade and Plantations in the murder of Christopher
Rousby (see preceding volume), and ordering the recom-
mendations therein to be executed. [Col. Entry BL, Vol. LII., v.
90-93.]
Feb. 25. 32. Order of i^he King in Council. For Lord Treasurer Roches-
ter to appoint a successor to Christopher Rousby as Collector in
Maryland. [Col. Entry BL, Vol. LII., p. 94.] "
Feb. 25. 33. Minutes of Council of Jamaica. Colonel Freeman sworn
of the Council. Thomas Ryves, on producing his deputation and
securities, was ordered to be admitted as Receiver General from
25 March next, when Charles Penhallow shall render full account
AMERICA AND WEST INDIES. 7
1685.
of the profits of the office during his tenure. Order for the work
in the prison to be carried forward with all convenient speed.
Order for payment of salaries. Penhallow's accounts presented
and entered in the minutes. The question of embezzlement of
piratical goods was brought forward. Judge White deposed that
he knew no more than appeared in the records of the Admiralty
Court. Reginald Wilson presented the accounts of piratical goods.
Roger Elletson deposed that if people would swear to what they
had told him, he could prove considerable embezzlement by Sir
Thomas Lynch. The Council granted him fourteen days to collect
evidence, and gave him access to the records. Adjourned to 11
March. [Col Entry BL, Vol. XXXVI., pp. 62-68.]
[Feb. 26.] 34. Petition of Nathaniel Weare to Lords of Trade and Planta-
tions. For an early hearing of his charges against Governor Gran-
field. 1 p. Endorsed. Reed. 26 Feb. 84-5. [Col. Papers, Vol.
LV., No. 38, and Col Entry BL, Vol. LXVII., p. 137.]
Feb. 27. 35. Order of the King in Council. Report of Lords of Trade
Whitehall. an( j Plantations. We have read Colonel Richard Cony's letter
describing various disturbances and sundry articles drawn
up by William Milbourn and William Righton against the
said Colonel Cony. We recommend that a letter be sent to Colonel
Cony with copies of the articles, directing him to answer them,
and that all persons have liberty to give depositions on oath con-
cerning him and the Government of Bermuda, that both parties
have access to the records, and that they deliver their documents in
evidence interchangeably to each other. We recommend further
that a Commission and Instructions be sent to Colonel Cony, also
that a man-of-war be directed to call at Bermuda and stay there to
render assistance to the Government. Dated 25 February, 1685.
Ordered accordingly. [Col. Entry BL, Vol. XVII., pp. 123-129.]
[Feb. 27.] 36. Petition of Sarah Bland, St. Leger Codd, and Thomas Povey
to Lords of Trade and Plantations. We appealed from decisions in
the Courts of Virginia, which appeal was referred to you by Order
in Council of 19 November last. We have since agreed to refer
our difficulties to arbitration, witih a condition to lay the matter
before the King if undecided. We beg orders to the Governor of
Virginia accordingly. Signed, Sarah Bland, Tho. Povey, St.
Leger Codd. 1 p. Inscribed. Reed. 27 Feb. 1684-5. Read 10
Mar. [Col. Papers, Vol. LV., No. 39, and Col. Entry BL, Vol.
LXXXII., pp. 321-322.]
Feb. 28. 37. Journal of Lords of Trade and Plantations. The laws of
New York considered. The Charter to be compared with the
Commissions by which the Government of other Colonies is settled.
Members of the late Company of Bermuda ordered to attend
respecting the appointment of a Council for the Islands. [Col.
Entry BL, Vol. CVIII., p. 160.]
Feb. 28. 38. Journal of Assembly of Nevis. The Assembly proposed
that the accounts be adjusted and presented by the Treasurer on 10
March. The Governor and Council assented. [Col. Payers, Vol.
LV., No. 40.]
8 COLONIAL PAPERS.
1685.
Feb. 28. 39. Journal of Assembly of Nevis, from February 28 1685 to
27 June 1685. 6 pp. Duplicate. Endorsed. Reed. 2 Nov. 1685.
Col. Papers, Vol. LV., No. 41.]
[Feb. 40. Petition of the Creditors of the Bermuda Company, to Lords
after of Trade and Plantations. The Company is ready to execute the
6th.] King's Order of January 14th (see preceding volume). We
therefore beg that the necessary directions may be given to the
Attorney-General. 1 p. [Col. Papers, Vol. LV., No. 42.]
March 1. 41. A list of Councillors chosen by the Somers Islands Com-
pany at the last election. Endorsed. Reed, from Mr. Tucker 1
Mar. 84-5. [Col. Papers, Vol. LV., No. 43.]
March 3. 42- Journal of Lords of Trade and Plantations. Charter of New
York considered. The Government to be assimilated to that of
New England. Letters -to be written accordingly to Governor
Dongan.
The business of Bermuda. Colonel Cony to send a list of a
Council.
A memorial of Sir Philip Howard for stores read (see next ab-
stract}. [Col. Entry BL, Vol. CVIII., pp. 101-103.]
[March 3.] 43- Memorandum by Sir Philip Howard for the Earl of Sunder-
land. Enclosing a list of arms, ammunition, and military stores
required for Jamaica, value 2,202Z. The Ordnance Office has
always provided Jamaica with stores for the forts, which are now
the more important since the Spaniards, since the capture of Provi-
dence, are threatening Jamaica. There is no fund nor provision
for these things in the Island. 2 pp. Imperfect. Endorsed. Read
3rd and 14th March 1684-5. [Col. Papers, Vol. LV., No. 44.]
*
[March 5.] 44. The King to the Governor of New York, intimating that
the province is now part of the Royal dominions. All officers are
to be continued in their places, and subjects to be assured that the
Bills and Addresses lately received by the Assembly shall receive
gracious and suitable return. Draft. In the handwriting of
William Bridgeman, with several corrections. 2\ pp. Printed in
New York Documents III., 360. [Col. Papers, Vol. LV., No. 45,
Col. Entry BL, Vol. LXVIII., p. 60.]
March 5. 46. Lords of Trade and Plantations to Governor Dongan. Re-
porting the death of King Charles II. and the devolution of New
fork upon the Crown, and forwarding the usual proclamations.
Signed, W. Cant., Guilford, Rochester, Halifax, Clarendon, Beau-
fort, Arlington, Huntingdon, Sunderland, Bath, Peterboro, Bridge-
water, Ailesbury, Middleton, Craven. Printed in New York Docu-
ments III., 359. [Col. Entry BL, Vol. LXVIII., p. 59, and Col.
Papers, Vol. LV., No. 46.]
March 9. 46. An Act to raise a sum of money to farm the duty of four
Barbados. an( l a half per cent, upon commodities of the produce of this country
exported this Island, Copy. 4 pp. Endorsed, Attached,
AMERICA AND WEST INDIES.
1685.
46. i. Extract from a letter from the Commissioners of the four
and a half per cent, duty in Barbados to the Commis-
sioners of Customs. We hope by the measures which we
have taken that we have made this revenue greater than
ever was thought possible. We do not doubt that this
year, although the first of our being concerned therein,
will see it worth from eight to ten thousand pounds, with-
out any unfitting or unlawful exactions from the inhabi-
tants. If peace and prosperity continue, we shall bring
it to a settled revenue of the same amount. Dated, 31
March 1685. Copy. \ p. [Col. Papers, Vol. LV.,
Nos. 47, 47 i.]
March 9. 47. Minutes of Council and Assembly of St. Christopher's.
Proposals of the Governor and Council. 1. For an Act for an
impost on imported liquors, and licences of 2,400 Ibs. of sugar upon
retailers of wine, and 600 Ibs. of sugar on rum-sellers. 2. For n
joint Committee to draw up an account of such matters as shall
be proposed to the King on behalf of the Island. Answer of the
Assembly: 1. Refused. Referred to Act of 12 October last. 2.
Agreed to, and two members chosen. Proposed by the
Assembly, that an order be issued for the observance of the
Act of Trade and Navigation by all officers civil and military.
Answered, that such an order has already (been published. En-
dorsed. Reed. 25 May 1685. [Col. Papers, Vol. LV., No. 48.]
March 9. 48. Henry Guy to William Blathwayt. Reporting the arrival
Treasury o f a ship from New England, said to contain part of the goods taken
Chamber. j n La Trompeuse. Signed, Hen. Guy. 1 p. [Col. Papers, Vol.
LV., No. 49.]
March 10. 49. Journal of Lords of Trade and Plantations. Petition of
Nathaniel Weare read, asking for an early hearing of the case
against Governor Cranfield. Agreed to appoint a time at next
meeting.
Petition of Sarah Bland read (see No. 36). Agreed to remit the
business to Lord Howard of Effingham. Memorandum of letters
despatched and received. [Col. Entry Bk., Vol. CVIII., pp. 103-
107.]
March 10. 60. Minute of the Attorney-General's report on the laws of New
England. All Laws of Government in force. Power to make laws
not only as a Corporation, but local laws. Their children to have
the freedom of English. Local laws to be continued, so far as
agreeable to laws of England. Their laws enact that no man's
goods shall be taken from him without a General Assembly. The
assessment to be by General Assembly. Similar incoherent notes.
Copy. 1 p. Endorsed as headed. [Col. Papers, Vol. LV., No.
50.]
March 10. 51. Minutes of Council of Virginia. Order for Captain Allen,
H.M.S. Quaker, to cruise in search of privateers who have lately
robbed inhabitants of Isle of Wight. Secretary Spencer to write
to the Governor of Carolina, in case the privateers shall have sailed
thither. [Col. Entry Bk., Vol LXXXIV., pj>. 209-210.]
10 COLONIAL PAPERS.
1685.
March 10. 62. Return by the Provost Marshal of the goods of Sir John
Barbados. Witham, whereon he made levy for the fine of five thousand pounds
imposed on him. Signed, George Hannay. Copy. 2 pp. En-
dorsed. [Col Papers, Vol. LV., No. 51.]
March 11. 53. Minutes of Council of Jamaica. Embezzlement of piratical
goods considered. Judge White repeated his former evidence.
Colonel Fuller declared that he had seen the jewels said to have
been embezzled, and that they were not worth five pounds. Several
more witnesses were examined at great length. Adjourned sine
die. [Col. Entry BL, Vol. XXXVI., pp. 68-72.]
March 12. 64. Commission from Lord Craven to Joseph West, to be
Governor of the Province of Carolina South and West of Cape
Fear. Signed, Craven. [Col. Entry BL, Vol. XXII., p. 57.]
March 11. 65. Instructions of Lords Proprietors of Carolina to Joseph
West, Governor of the Province South and West of Cape Fear.
Thirty eight articles. Signed, Craven, Bath (for Lord Carteret),
Albemarle, P. Colleton, Tho. Amy. [Col. Entry Bks., Vol. XXII.,
pp. 44-49, and Vol. XXI., pp. 116-125.]
March 12. 66. Lords Proprietors of Carolina to Stephen Ball, Surveyor-
General of the Province South and West of Cape Fear. You will
observe the instructions which you have taken over from Mr.
Maurice Mathews. You will grant possession of no land in future
till the grantee has signed the counterpart of the indenture accord-
ing to our last instructions of September, 1683. When you have
surveyed the land, you will give the certificates to the Secretary,
who will not deliver them until the indenture has been signed as
above. [Col. Entry BL, Vol. XXII., p. 49.]
March 12. 67. Lieutenant-Governor Molesworth to Lords of Trade and
Plantations. Pursuant to orders, we have enquired into the em-
bezzlement of pirates' goods and seizures, and encouraged all who
can give evidence to come in, particularly Mr. John White, Mr.
Roger Elletson, and the naval officer, Mr. Reginald Wilson. We
began the enquiry on 25th February. The Registrar's accounts
shewed that the value of those seizures was 1,197Z., of which you
have received 962Z., the remainder being computed under expenses
of 20 per cent, for factorage, exchange, and other costs. Merchants
will inform you if this charge be just. Mr. Elletson could give no
information except from others, so desired time to gather it. We
inet again, therefore, on the llth, but without obtaining evidence
of any value. Elletson was very careful to show that the said goods
and moneys had been taken to account by Sir Thomas Lynch, and
sent to his correspondent in London, though he must have known
that this was the regular practice. It also appeared that some
jewels taken from Spurre and put, by Sir T. Lynch's orders, into
the hands of the Judge-Admiral, were afterwards remanded and
opened by Sir Thomas without knowing what afterwards became of
them. Those who saw the jewels valued them at no more than
IQl. ', Mr, Elletson maintains that they were worth far more, and we
AMERICA AND WEST INDIES. U
1685.
accordingly adjourned to allow time for his principal witness to the
fact to be summoned. I hear since that Sir Thomas opened the
packet upon the importunity of a gentlewoman, who pressed him
for a token to send by her to his daughter, but finding nothing fit
among them, he put them back again. Whether Sir Thomas forgot
to return them to the Judge- Admiral I know not, but the jewels
are now in possession of Lady Lynch, and will be produced before
you at the first opportunity after the further evidence, if any, has
been heard. It was also shewn .that Mrs. Wilson, wife to the Naval
Officer, had received a ring, on pretence of buying it, and had kept
it. Lastly it appeared that Sir Thomas had received a gratuity
from some Frenchmen of twenty shillings per pack on fifteen packs
of cochineal, for liberty of exportation, whereof no&ing had been
accounted for to the King, Sir Thomas having apparently treated it
as a perquisite. This Elletson was lawyer to Spurre's widow for
defence of the piratical goods against the King, wherein his
methods were so irregular that Sir Thomas Lynch suspended him
from practice. It, therefore, seemed strange to me that, in spite
of all his efforts, he could prove no more. Signed, Hder. Moles-
worth. Holograph. 3 pp. Endorsed. [Col. Papers, Vol. LV.,
No. 52.]
March 13. 68. Lords Proprietors of Carolina to Governor Joseph West.
We have received your letter, and approved the choice of yourself
by the Council in the room of Governor Sir Richard Kyrle,
deceased, the more so since you tell us that the dealers in Indians
are the greatest sticklers against having the Parliament elected
according to our instructions. We take this plain dealing as a
pledge that you are not swayed by that party. We observe your
seeming unwillingness to retain the Government. We do not
propose to put you out if you are prepared to continue in it, but if
you really have a mind to lay it down, we have appointed your
successor in your instructions, which instructions you will order to
be recorded. We note what you have written that the people are
not satisfied that the members of the Grand Council of the people's
choice should succeed to be deputies upon the death or departure of
any of the proprietors' deputies, and that if any deputy should fall
sick, affairs would be at a stand for want of deputies. To remedy
this we have provided that the Governor shall appoint deputies for
such of the proprietors as have no deputies commissioned in
Carolina, and we desire you to appoint fitting persons, and not to
appoint Mr. Maurice Mathews, Mr. James Moore, or Mr. Arthur
Middleton, whom we have recently removed for disobedience in
sending away the Indians. We would not have these men or
their abettors in any office of the Governor's choice, or of that
of the Palatine Court, till they have shewn promise of better
behaviour. Observing that factious people would not let us dis-
pose of our land as we think fit, we have ordered the Secretary to
make out no warrants for land till the counterpart of the indenture
has been signed by the grantee. You will suspend any secretary
or surveyor not observing this rule. The produce of less than a
quarter of an acre will pay the rent of one hundred acres, which, if
any men will not covenant to pay, we prefer their room to their
12 COLONIAL PAPERS.
1685.
company. If any desire not to be encumbered with a rent, we
shall sell outright for a shilling an acre, and at that rate one year's
produce of three acres in corn and pease will, at current prices,
purchase the inheritance of one hundred acres. We have
appointed Robert Quarry to be Secretary. If Governor West be
dead or departed, Joseph Moreton shall succeed him. Signed,
Craven, Bath (for Lord Carteret), Albemarle, P. Colleton. [Col.
Entry BL, Vols. XXII., p. 50, and XXI., pp. 113-115.]
March 13. 69 Lords Proprietors of Carolina to Governor Joseph West.
The prisoners are arrived, and will speedily be tried. We under-
stand that they had negroes' gold and other things, which were
seized in Carolina. We desire that they may be forthcoming, and
if the offenders be acquitted, they must be restored, but if they be
found guilty they belong to us. The King would have you try all
pirates in future according to the Act transmitted to you. You
say that the people of Berkeley County will not submit to have ten
members chosen out of each county. Pray are you to govern the
people, or the people you ? Is it just that the inhabitants of Port
Royal should have no representatives in Parliament, or be put to
the trouble of coming to Charlestown to choose them ? Is it just
that all the inhabitants of a Carolina should be subjected to laws
made by members of Parliament chosen only by the inhabitants of
Charlestown or the neighbourhood ? For that will be the result if
the twenty members for the Commons are always chosen there.
Would the inhabitants of Berkeley think it just to have all the
twenty members chosen at Port Royal ? Do Tork or Bristol in
England choose more than two burgesses for Parliament ? Are
there not many boroughs of ten houses that choose as many ? Does
not Rutland, with not a tenth of the inhabitants of Yorkshire,
choose two knights of the shire, and Yorkshire no more ? The
members for the least borough and county have equal votes with
the members chosen by the greatest cities and largest counties ; so
that it is no reason why Colleton County, not having an equal
number of inhabitants, should not choose an equal number of mem-
bers. These things go by the place and not the proportion of
people. What harm can be done ip Berkeley County if Colleton
County choose half the people's representatives ? Can they make
a law injurious to Berkeley County that would not be as injurious
to themselves ? Would the Grand Council propose any unequal
laws to them ? Would the deputies ratify such a law ? Would
you, the Governor, consent to it ? Does anyone imagine that we
should approve of it, our object being to cherish the whole country
alike ? Who then makes the opposition ? By our letters it is the
dealers in Indians.
True, we hear that divers sober men are scandalised about
this affair of the Parliament, but in quite a different manner than
you have represented to us. They have been scandalised to see the
combination that is made to have all the members still chosen at
Charlestown, where the dealers in Indians boast that for a bowl of
punch they could get whom they would chosen for the Parliament
and the Grand Council. By this means they have got Acts passed
AMERICA AND WEST INDIES. 13
1685.
prohibiting the sale of arms to Indians, on pain of forfeiture of all
estate and of banishment, which they caused to be observed by
others but themselves broke with impunity. By packing Councils
and Parliaments they have made war and peace with the Indians as
best suited their private advantage, which cost the country great
expense, and caused the death of many innocent inhabitants. It is
the apprehension of living under a Government where such things
are possible that makes some weary of living among you and others
cautious of coming to you. The King has given no power to
assemble the freeholders to make laws as we think fit; we have
fixed the method by our fundamental constitutions and by a tem-
porary method until those constitutions can be put in force. If you
are unable or unwilling to cause us to be obeyed herein, we must
think of other measures. Meanwhile you will supply every deputy
with a copy of our instructions. We regret to hear of the general
sickness ; we attribute it to the unhealthy situation of Charlestown
and the bringing down the people of the country to keep guard
there in the unhealthy months. We have sent you directions by
another route hereon (see No. 19). We do not think Charles-
town a proper place for the seat of Government, for besides
its unhealthiness, it is so much exposed that a few men
could surprise Governor, Council, and Parliament in their
beds. You will propose to us a healthy site, over thirty
miles from the sea, well watered and fit for the building
of a town. We wish you also to think of dividing Berke-
ley County into four equal parts, that members of Parliament may
be chosen there by precincts, and thus the freeholders may be able
to choose their representatives near home, and be saved the trouble
of going to sickly Charlestown to do it. We have been informed
of the insolent behaviour of our former deputies and certain officers
towards the Governor. We do not allow this, and will not suffer
it for the future. If you, our Governor, complain of undutiful
behaviour in any deputy or other officer, we shall not fail to apply
the remedy requisite. We expect the Governor to be treated with
respect, not that deputies should run from the Council without his
leave when there is business to be done. In order that men may
attend Council without prejudice to their own affairs, we would
have the meeting of the Grand Council fixed for the first Tuesday
in every month. The Palatine's Court could be summoned, if
necessary, at the same time, and it would be your business as
Governor to arrange such matters that men may be put to the least
possible inconvenience. We think that you mistake the funda-
mental constitutions regarding the Sheriffs. The Sheriff in Caro-
lina is to be the chief judge of the County Court, and to continue
during pleasure, not an annual ministerial officer like the Sheriff
in England, for his duty is performed by the Marshal. You will
take note of this, for to change the Sheriff annually would be to
shift the Judge of the County Court as soon as he has Teamed his
business. You will see that the Clerk of the County Court enjoys
the fees, and not the Sheriff, for that might cause exacting, delay of
justice, and oppression. We would have you consider that the
magistracy is placed in your hands for the good government and
welfare of the people, and not to make a prey of them, as we doubt
14 COLONIAL PAPERS.
1685.
has been too much practised in Carolina. We would have our letter
of 30 September 1683 (see preceding volume, No. 1,284) to be read in
Council forthwith and in Parliament when it meets.
We have received hints that Mr. John Moore, our Escheator, has
exceeded his duty in some respects, seizing on personal estate of
persons dying intestate but leaving wives and children. This is
none of his business. We have also some blind hints that he has
sold lands of people dying intestate who had no heirs in Carolina.
True, all such land of intestates dying without heirs reverts to us,
but we would have time given to heirs to appear and make their
claim, and meanwhile the land and houses should be let, not sold.
You will call Moore before you and examine the matter, and report
to us how he has fulfilled his office. If you find that the first com-
plaint against him is true, you will cause him to restore the estate
to them who have by law the right of administration. We hear
that pirates frequent your ports. You will give them no encourage-
ment ; and if any vessel put into Carolina with a number of armed
men more than her sailing company, you will cause them to give
security for their peaceable behaviour towards the subjects of the
King and of friendly nations. Signed, Craven, Bath (for Lord
Carteret), Tho. Amy,*P. Colleton. '[Col. Entry Bk., Vols. XXII.,
pp. 51-55, and XXI., pp. 107-112.]
March 13. 60. Instructions to Robert Quarry, as Receiver of the Province
of Carolina, South and West of Cape Fear. Signed, Craven, Bath
(for Lord Carteret), P. Colleton, T. Amy. [Col. Entry Bk., Vol.
XXII., p. 55.]
March 13. 61. Instructions for the same, as Secretary of the same Province.
Signed as the preceding. [Col. Entry Bk., Vol. XXII., pp. 56-57.]
62. Oath of the Surveyor-General of Carolina. [Col. Entry
Bk., Vol. XXII., p. 72.]
March 13. 63. The Secretary of Barbados to Lords of Trade and Planta-
Barbactos. tions. Forwarding quarterly returns of the proceedings in the
Council and the Secretary's office. Signed, Edwyn Stede. 1 p.
Endorsed. Reed. 17 June 1685. [Col. Papers, Vol. LV ., No. 53,
and Col. Entry Bk., Vol. VII., p. 295.]
March 13. 64. Governor and Council of Barbados to the same. Forward-
Barbados, ing quarterly returns of the Council's transactions and of imports.
Signed, Ri. Dutton, Henry Walrond, John Peers, Edwyn Stede,
Tho. Walrond, Tim. Thornhill, Stephen Gascoigne. 1 p. En-
dorsed. Reed. 2 June 1685. [Col. Papers, Vol. LV., No. 54, and
Col. Entry Bk., Vol. VII., p. 291.]
March 14. 65. Journal of Lords of Trade and Plantations. Sir Philip
Howard attended. Agreed to order him to report as to the stores
which he finds in Jamaica, when his request will be considered.
Mr. Weare's complaints against Governor Cranfield considered.
A copy of Mr. Cranfield's defence to be sent to him. Memorandum
of despatches sent and received. [Col. Entry Bk., Vol. CVIII.,
pp. 107-109.]
AMERICA AND WEST INDIES. 15
1685.
March. 14. 68. Deposition of William Peet. As to the discovery of two
Jamaica. hundred pieces of eight in the house of Thomas Atkinson by Regi-
nald Wilson. 1 p. This concerns the charges of embezzlement
against Sir Thomas Lynch (see No. 68). 1 p. Endorsed. [Col.
Papers, Vol. LV., No. 55.]
March 15. 67. Lieutenant-Governor Molesworth to the Earl of Sunder-
Jamaica. land. By letters from Panama I understand that eight or nine
hundred piratical English have possessed themselves of an Island
called Perico, a league and a half from Panama, where they have
fortified themselves and maintained it against all the force that
the Spaniards could make against it. At Panama the Spaniards
were well provided for defence, and preparing to join with the
supplies ordered from the galleons at Carthagena. Manta, near
Lima, has been plundered by pirates, and much damage done. It
is supposed that these ships are English, whereof Swan and Eaton
are two; but we cannot hear whether they are in correspondence
with those at Perico. Fifteen hundred men have been sent by land
from Carthagena to Lima, and twelve hundred to Panama, to make
as end of these pirates, and more than twenty vessels from Lima to
follow up their ships. The men at Perico are for the most part
those who have long haunted these seas, and, finding themselves
discouraged at their old trade, have joined together and have been
conducted by the Darien Indians through the country till they got
opportunity to seize the island. The design has been afoot a year,
when the pirates began to make rendezvous at Golden Island, the
Darien Indians being ever enemies to the Spaniard. The English
are said to have made great booty by sending out parties from time
to time. The Spaniards are much alarmed, and the galleons will
be retarded, to the great disappointment of affairs in Spain. If
these pirates are not at once overthrown, before they grow any
stronger, the Spaniards will be compelled to come to terms with
them or to suffer great loss, for the pirates command some
passes by which great part of the plate is sent to Porto
Bello. Not onFy Spain but all Europe will be injured, and
many men will be drawn away from this Island, despite
all our efforts. Signed, Hder. Molesworth. Holograph. 2 pp.
Endorsed. Reed. 11 June. [Col. Papers, Vol. LV., No. 56, and
Col Entry Bk., Vol. XXXI., pp. 34-37.]
Duplicate of foregoing. [Col. Papers, Vol. LV., No. 57.]
March 16. 68. Roger Elletson to Lords of Trade and Plantations. I have
done my best since receipt of your orders to bring to light the
embezzlement of seizures by Sir Thomas Lynch's Government.
The Council met to examine the. affair on the llth inst, but your
orders to encourage and invite all who might be useful in the affair
seems not to have been pursued, but rather the contrary. The
most material matters and witnesses have not yet been examined,
nor should they be, until the arrival of the new Governor, who will
do right and justice therein. Captain Davis, who took Spurre's
plunder, is not yet come, by whose evidence (if not by some or
other taken off [sic~ I hope to prove another considerable embezzle-
ment. I knew not what account you have received of the proceed-
ings, for I have been refused a copy of the minutes. 1 p. En-
16 COLONIAL PAPEKS.
1685.
dorsed.
Duplicate of foregoing, dated April 15. [Col. Papers, Vol. LV.,
Nos. 58, 59, and Col Entry BL, Vol. XXXI., pp. 51-52.]
March 17. 69. Journal of Lords of Trade and Plantations. Mr. Mason's
letter of 20 October read (see preceding volume). A copy to be
sent to Mr. Weare.
Minutes of Council of Barbados of 10 October read (see preceding
volume), as to the trial of Sir John Witham, and the account
of his indictment and condemnation. Agreed to report that Sir R.
Button had not done well (see No. 95).
A letter from Mr. Penn, dated this day, read, praying an order
for quieting the possession of Delaware, as the King had placed it,
till his difference with Lord Baltimore was settled. Agreed to do
nothing therein. Mr. Markham produced three letters (see Nos.
71, 72, 73). [Col. Entry BL, Vol. CVIII., pp. 110-116.]
March 17. 70. The Judge of the Admiralty Court to William Blathwayt.
Doctors' The Amity has been arrested ever since 29 January last, by order
Commons, of the late Commissioners of the Treasury, but the master was not
examined till Saturday night. The Elizabeth is also under arrest,
and the master to be examined to-day. I can wait "on you if re-
quired. Signed, Rich. Lloyd. Holograph. 1 p. Inscribed and
endorsed. Letter about the New England pirates. [Col. Papers,
Vol. LV., No. 60.]
[March 17.] 71. Testimony of William Markham. As to Lord Baltimore's
lies respecting the delay in marking off the boundary of Penn-
sylvania, his tampering with JRarkham's instrument, and his tricks
in regard to the whole business up to July, 1682. Sworn to by
William Markham. 2| pp. Endorsed. Sworn before Committee
17 March 1684-5. [Col. Papers, Vol. LV., No. 61.]
[March 17.] 72. Testimony of William Markham of his meeting with Lord
Baltimore in September 1682. I desired Mr. Haig to give me in
writing an account of what had passed, which he did as follows :
Saturday Sept. 23 1682. Lord Baltimore with Colonel^Coursey
and others and forty horse came from Newcastle to Upland. The
24th .being Sunday, Lord Baltimore compared his instrument and
Colonel Morris's. Both instruments having been set up and none
left to mind them but Lord Baltimore's own men, they told him
that they found the place to lie in latitude 39 45 ; . Monday, 2.5
September. Lord Baltimore wished to go further up the river to
latitude 40, but George Markham objected that from twelve miles
above Newcastle and so to the Delaware river he had no ground of
claim, the land being granted to Mr. Penn. Lord Baltimore dis-
puted this from his patent, but George Markham would not allow
him to take any further observations. After long dispute Markham
said that the King must decide between his master, Mr. Penn, and
Lord Baltimore, but Lord Baltimore said that he would not go
"before the King, since the land in question was his. Markham
urged him to wait till Mr. Penn should arrive, but he would not,
but took boat to Chichester and went from house to house forbid-
ding the inhabitants to pay quit-rents to Mr. Penn. Next day,
AMERICA AND WEST INDIES. 17
1685.
when Markham was waiting for Lord Baltimore at Newcastle,
according to appointment, the inhabitants came to him, terrified
by all that Lord Baltimore had said, and wished to move their habi-
tations, not thinking themselves safe from his lordship's claim.
Sworn to by William Markham. Three very closely written pages.
Endorsed. Sworn before Committee March 17, 84-5. [Col. Papers,
Vol. LV., No. 62.]
[March 17.] 73. William Markham to Lord Baltimore. I waited for you
yesterday at Newcastle, and heard from Chichester of your carriage
towards the people. You have left the province in such disorder
that it is absolutely necessary for me to stay in it to quiet the minds
of the people, and to prevent repetition of such an occurrence. This
letter was written 26 Sept. 1682 (see preceding abstract). Copy. \ p.
Sworn to by William Markham. Endorsed. Sworn before the
Committee March 17 1684-5. [Col. Papers, Vol. LV., No. 63.]
March 17. 74. Address of the Assembly of Barbados to Governor Sir
Richard Button. Requesting to be granted the farm of the four
and a half per cent, duty for eleven years, on payment of 6,OOOZ.
per annum ; asking the Governor's mediation in favour of the re-
quest, and suggesting the appointment of a joint Committee to
settle details ; and ending with an expression of thanks for the
removal of obstructors of justice. Signed, Richard Cartwright,
Clerk of Assembly. Copy, certified by Edwyn Stede, 20 March
1684-5. Large sheet. Inscribed and endorsed. Reed. 4 June
1685. [Col. Papers, Vol. LV., No. 64.]
76. Duplicate of foregoing. Endorsed. Read at Commiltee
11 June 1685. [Col. Papers, Vol. LV., No. 65.]
March 17. 76. Minutes of Council of Barbados. 300Z. ordered to be paid
on account to Symon Cooper for work on the fortifications, and half
of his claim to Thomas Howard, blacksmith, for the same. Order
for payment of 67Z. to Major John Johnson, of 221. 5s. to George
Hannay for rent of the house for Grand Sessions, and of a quarter's
rent for Government House, Fontabelle. James Carter took the
oaths on election to the Assembly. The Assembly brought up an
address to the Governor (see No. 74). The Governor appointed
Henry Walrond, Thomas Walrond, and John Peers to join the Com-
mittee of the Assembly. Report of the Committee on the petition
of Richard Bate agreed to.
March 18. Resolutions of the joint Committee appointed yesterday to
draw up the scheme for commutation of the four and a half per
cent. duty.
March 19. The Assembly brought up three bills, for the commutation of
the four and a half per cent, duty, concerning attorneys, and for
the collection of arrears of taxes from labourers. [Col. Entry BL,
Vol. XL, pp. 579-587.]
1 B
18 COLONIAL PAPERS.
1685.
March 17. 77- Journal of Assembly of Barbados. John Read chosen
Speaker in place of Richard Seawell, deceased. Agreed to pay
Richard Bate 50?. a year rent for the magazine and store-houses.
The Assembly's proposals to the Governor for commutation of the
four and a half per cent, duty carried.
March 18. John Codrington, John Hothersall, John Davies, Paul Lyte,
and Abel Allen appointed to be of the joint Committee in the com-
mutation of the duty. Carried, that persons possessing less than
twenty acres be exempted from the tax. Militia Bill debated.
March 19. The Bill for Commutation of the four and a half per cent, duty
read and passed. Bill for collection of arrears from labourers
passed, also a bill concerning Attorneys and a bill to prevent
stealing of sugar. Adjourned to 7 April. [Col. Entry BJc., Vol.
XIV., pp. 18-22.]
March 19. 78. Acts of Barbados passed by 19 March. Supplemental Act
for better ordering of Negroes. Act for collection of arrears of
labourers. [Col. Entry Bk., Vol. XVI., pp. 95-97.]
March 19. 79. Journal of Assembly of Nevis. The Assembly proposed a
levy of 130,000 Ibs. of sugar on planters and merchants, four-fifths
to be raised in the country, one-fifth on Charlestown, Jamestown,
World's End, and New Castle, and one-fifth on the nation of
the Jews. The Council assented- [Col. Papers, Vol. LV., No.
40.]
March 20. 80. Lords Proprietors of Carolina to Robert Quarry. Appoint-
ing him Secretary of the province South and West of Cape Fear.
Signed, Craven, Bath (for Lord Carteret), Albemarle. [Col. Entry
Bk., Vol. XXII., p. 43.]
March 20. 81. Order of the King in Council. Referring the petition of
Whitehall. Richard Wharton to Lords of Trade and Plantations for report.
Signed, Wm. Bridgeman. 1 p. Annexed,
81. i. Petition of Richard Wharton. Is owner of lands on the
Kennebec in Maine; but forbears to improve them till
the King shall take the County into his own hands. Prays
that the King will do so, and grant petitioner fresh im-
munities and privileges such as he enjoyed under his
former tenure. 2 pp. Copy. The whole endorsed.
Reed. 30 Mar. Read 15 April and 5 May 85. [Col.
Papers, Vol. LV., Nos. 66, 661., and (Order only) Col.
Entry BL, Vol. LXI., pp. 221-222.]
March 20. 82. Governor Lord Howard of Effingham to [William Blath-
Virginia. wayt]. I am sorry to report to you the escape of Colonel Talbot
from prison. Ours is so weak here that I rather wonder he was
kept so long. He had a guard of two men by night and one by day
and was sufficiently ironed, but he corrupted the guards and others.
I have examined those who assisted his esc&pe, and found suspicion
AMERICA AND WEST INDIES. 19
1685.
but no positive proof against them, though enough to commit them
to prison, from which they are since escaped. I at once sent advice
to Maryland that it was their duty to retake him. Extract. [Col.
Entry BL, Vol. LII., p. 104.]
March 21. 83. Dr. Henry "Woodward to Deputy-Governor Colonel John
Godfrey. John Chaplin is returned to Port Eoyal. fle owned to
me at my house, before several witnesses, that he saw arms and
other things delivered to the Yamasees, and that they are gone
against the Timechoes, but he knows not against what place nor
who the Timechoes are. Last Monday week Lord Cardross, Mr.
Dunlop, Mr. Hamilton, and Mr. Westbrooke went to Amecaraw, on
the South side of the Westo Biver, but on what errand Chaplin says
he knows not, though it is easy to guess. Chaplin says that a great
booty is expected from the Timechoes, and that he believes that
it is by Westbrooke's persuasion only that my lord has undertaken
this (as I think) unadvised project. Antonio has been with me
from St. Helena with seven others, who all complain that it is
through Westbrooke's means that the Scots and Yamasees are gone
on this design. [Col. Entry BL, Vol. XXI., p. 143.]
March 23. 84. Minutes of Council of Jamaica. The Governor reported
that one Richard Holloway had tried to seize the ship St. Antonio,
to the prejudice of the negro trade with the Spaniards. Holloway
was called in, and having been heard in defence, was ordered to give
security for his appearance at the next Grand Court. Ordered that
the Attorney- General do prosecute him, and that a new proclama-
tion be published, setting forth the King's approval of the trade
with the Spaniards. Copy of the proclamation. Order for various
payments. The enquiry into the embezzlement of piratical goods
was resumed, and several witnesses examined. Adjourned sine die.
[Col Entry Bk., Vol. XXXVI., pp. 73-81.]
March 24. 85. Lieutenant-Governor Molesworth to Lords of Trade and
Jamaica. Plantations. One Richard Holloway, cooper (a busy fanatical
fellow), notwithstanding the King's known orders to the contrary,
has lately attempted to seize the ship Saint Antonio, belonging to
Don Nicholas Porcio, and employed for buying of negroes, to the
great dissatisfaction of the Spanish factor and the discouragement
of the trade. The act seemed to the Council to be malicious, as
there was no reasonable cause of seizure. I beg explanation of the
King's said orders in favour of the Spaniards here. Is the liberty
of buying and exporting our English manufactures comprehended,
though not expressed, within the intention of .the order ? My
construction is that it is so, but, on putting it to the vote of the
Council, most of them began to hesitate, which made me waive it.
I then asked Holloway if he would give security to pay damages in
case he could not make good his seizure ; and, on his refusal, we
judged his whole proceedings to be vexatious. Had I not put the
question in this way, I should have been at a loss how to get the
Council to join me in punishing Holloway, because it is not ex-
pressly in the King's orders that Spaniards may buy and export our
B 2
20 COLONIAL PAPERS.
1685.
English manufactures, though the advantages that would thereby
accrue to the King and kingdom are obvious, in the consumption
of our English manufactures and the importation of bullion, or of
foreign goods paying heavy duty, in their stead. The seizure being
null, there was no occasion for an order to cancel it, but the Council
thought fit to issue a proclamation in favour of the trade, with
greater restriction in the matter of seizure than heretofore. The
reason is that, unless they take out their process and give security
before seizure, every little fellow will be continually giving trouble
to the Government and vexation to the Spaniards. We can think
of no better expedient, and hope that it will meet with your appro-
val. It cannot be supposed that these restrictions will encourage
the Spaniards to violate the Acts of Trade and Navigation by ex-
porting produce of the Island. They would be liable to confisca-
tion of ship and negroes, insomuch that Don Nicholas Porcio has
given heavy security not to permit such goods to be taken on board.
And though there be some penalty upon their importation of Eng-
lish manufactures from hence, yet the danger is easily avoided, by
making up the goods in small parcels and so covering them as to
protect them from rain. These are landed in some wood near the
port to which they are bound, and left with a man to watch them
till they can be brought into the town by night. This cannot be
done with our Island produce, through its nature, weight, and
bulk ; moreover, it is of no value there. Signed, Hder. Moles-
worth. Holograph. 4 pp. Endorsed. Reed. 10 July 1685.
Read July 15. [Col. Papers, Vol. LV., No. 67, and Col. Entry BL,
Vol. XXXI., pp. 42-48.]
March 24. 88. Petition of the inhabitants of Jamaica to the King. The late
King assented to an Act providing for repair of our fortifications
and supply of stores, but the fund has been such a short time settled
and so much money has been expended in building forts that we
have no money to buy ammunition and stores. The powder intro-
duced under the Act is only sufficient for salutes and the common
expense of public occasions. Our stores therefore are fallen low,
and we beg you to grant us some as your free donation. Copy. 1
p. Endorsed. Read in Council March 24 1684(5). Col. Papers,
Vol. LV., No. 68.]
March 4. 87. Charles Swann to Captain John Wise. My voyage is at an
Panama end. In the Straits of Magellan I had nine men run from me in
Road. one night, after they saw that they could not prevail with me to
play the rogue. But God's justice overtook them, for after weather-
ing Cape Victory we met with an extreme storm of long continu-
ance, which drove me down to latitude 55d. 30m. South, and in
which the ship to which they deserted was lost. Then I came to
Valdivia, when I had two men killed under a flag of truce, after
three days' parley and all oaths, human and divine. An ambus-
cade of between one and two hundred men came out and fired upon
a poor eight of us in the yawl. But God punished them likewise,
as we hear, we killing three of their captains and some others. It
ii too long to give you an account of all my troubles, which were
AMERICA AND WEST INDIES. 21
1685.
chiefly owing to the fact that the ship was meant to be run away
with. In Nicoia the rest of my men left me, so that, having no one
to sail the ship, I was forced to join them. So that now I am in
hostility with the Spaniards, and have taken and burnt some towns,
and have forced the President of Panama to send me two men he
had taken from us. The same day 270 new men came to me, and
we are going to take in 200 more that they left behind. We shall
soon be 900 men in the South Seas. Assure my employers that I
do all I can to preserve their interest, and that what I do now I
could in no wise prevent. So desire them to do what they can with
the King for me, for as soon as I can I shall deliver myself to the
King's justice, and I had rather die than live skulking like a
vagabond for fear of death. The King might make this whole
kingdom of Peru tributary to him in two years' time. We now
await the Spanish fleet that brings the money to Panama. We were
resolved to fight them before we had reached this strength, and had
lain in wait six months for them, but now we hear that they are at
sea, and expect them every day. If we have success against them
we shall make a desperate alarm all Europe over. I have some
money, which I wish were with you, for my wife. I shall, with
God's help, do things 'which (were it with my Prince's leave) would
made her a lady ; but now I cannot tell but it may bring me to a
halter. But if it doth my comfort is that I shall die for that I
cannot help. Pray present my faithful love to my dear wife, and
I assure her she is never out of my mind. Copy. 2 pp. On next
page, A letter from Richard Slinger to Mr. Barry, reporting receipt
of Swann's letter. \ p. Endorsed. [Col. Papers, Vol. LV., No.
69.]
March 24. 88. Sir Richard Button to Lords of Trade and Plantations.
Barbados. The Assembly being made sensible by their own losses of the injury
k to the country through their neglect of the King's offer of com-
I muting the four and a half per cent, duty, now beg that they may
[ become the farmers of it. Thinking myself bound to encourage
them herein, I thought it best to reduce their proposals into an Act
which it is open to the King to confirm or to repeal, and which is
I herewith enclosed (see No. 46). My caution in obliging them
to pass this measure was the greater inasmuch as former Assem-
blies, after first receiving the proposal with all gratitude, laid it
aside next day as unworthy of tneir acceptance. This was done by
some ill members, who studied their own seditious humours before
the King's honour and the good of the country. You will find the
proposals of the Act worthy of your favourable consideration,
especially when you compare them with the former receipts, not
only from Barbados, but from the Leeward Islands in addition.
They offer six thousand pounds a year in advance, without any
expense to the King, saving him two thousand a year in cost of
collection, as well as the risk involved by sending home sugar in
specie. The country is obliged to raise seven thousand pounds for
the payment of six thousand to the King, one thousand being for
the Treasurer to pay him for punctual remittance of the money. He
gives twelve thousand pounds security; but if the King would
22 COLONIAL PAPERS.
1685.
prefer the whole sum to be paid to him here, I am sure that the
country would readily consent. I cannot but tell you that the
acceptance of this would mean a great loss to the King, for the
Treasurer now appointed is obliged to pay the King in sterling,
whereas here he is only to receive the current money of the Island,
pieces of eight at five shillings, of which very few weigh more than
three and sixpence, so that the loss in sending them home would be
thirty per cent., apart from the risk. The reason which has
prompted the Assembly to make the liberal proposals embodied in
this Act are that, though the money is paid cheerfully, the manner
of collection is grievous, especially in the leeward parts of the
Island. Now they are limited to carry, weigh, and ship their
sugars at certain times and places, which they were not before,
whereby not only do their cattle suffer much in this hot country,
but they lose much time, being unable to observe the strict rules of
the Custom-house for despatch of their business. I beg your inter-
cession in favour of the Act. Signed, Hi. Button. 3 pp. En-
dorsed. Reed. 4 June 1685. Read 11 and 20 June. [Col. Papers,
Vol. LV., No. 70, and Col. Entry Bk., Vol. VII., p. 292.}
March 24. 89. Minutes of Council of Barbados. The Governor reported
that private letters brought news of the death of King Charles II.
The Council resolved that no notice should be taken until the news
were publicly signified. [Col. Entry Bk., Vol. XI., pp. 587-588.]
March 24. 90. Journal of Lords of Trade and Plantations. The King
ordered a letter to be prepared to Sir R. Dutton as to the appeal of
Sir John Witham (see No. 95). Edwyn Stede to be Lieutenant-
Governor of Barbados during Sir R. Button's absence. [Col. Entry
Bk., Vol. CVIII., pp. 117-118.]
March 24. 91. Order of the King in Council. Referring the petition of
Whitehall. Lord Culpeper, Richard Wharton, and others to Lords of Trade and
Plantations for report. Signed, Wm. Bridgeman. 1 p. Annexed,
91. i. Petition of Lord Culpeper, Richard Wharton, and the rest
of the owners of the soil of the Narragansett Country. We
are ready to pay the quit-rents of two shillings and six-
pence, New England money, per hundred acres, and to
submit to such regulations as the King shall think fit.
We beg the confirmation of our lands to us. Copy. \\
pp. The whole endorsed. Reed. 30 March. Read 15
and 27 April 85. Memo, in Entry Bk. Referred to Law
Officers 15 April. [Col. Papers,' Vol. LV., Nos. 71, 71i.,
and (Order only) Col. Entry Bk., Vol. LXL, pp. 223-224.]
March 25. 92- Lord Cardross to the Governor and Grand Council of
Stuart's- Charlestown. I send Mr. Alexander Dunlop to compose differ-
town. ences which seem likely to arise between us. Mr. Caleb West-
Carolina.] brooke, who lives within this country, has received two orders, one
a warrant to apprehend a man within our bounds, and the other an
order to Westbrooke to appear before you to give information
respecting several transactions that have lately taken place to
AMERICA AND WEST INDIES. 23
1685.
Southward, all this without notice to us. We doubt not as to the
contract that has been made between the Lords Proprietors and us
which we mean to keep ourselves and expect to be kept by others.
The Proprietors we doubt not will do their part, and it is our
interest and yours to do the same, and keep up a good understand-
ing. We had hoped to hear of your resolutions on the Spanish letter
we sent you, but we have not. Mr. Dunlop will inform you of the
" sinistrous " dealing which two noted Indians have taken, to stir
up the Indians against us and against each other. We expect your
justice herein. We hear too that they entertain a Spanish Indian,
whom we believe to be a spy from St. Augustine or thereabout.
Pray deliver to bearer the six guns appointed for us. Signed,
Cardrosse, Wm. Dunlop, Hamilton, Montgomerie. [Col. Entry
BL, Vol. XXL, p. 134.]
March 26. 93. Act of Antigua for the annexing of slaves to freeholders in
the Island. Copy. 1 p. Endorsed. Reed, from the African Company
10 Oct. 1685. [Col. Papers, Vol. LV., No. 72.]
March 27. 94. Order of the King in Council, referring the petition of Sir
Whitehall. John Witham to Lords of Trade and Plantations for report.
Signed, Wm. Bridgeman. 1 p. Endorsed. Reed. 28 March 85.
Annexed,
94. i. The petition referred to, addressed to the King and the
Committee. By Royal Warrant of 10 December 1682 the
Lieutenant-Governor was granted half salary and per-
quisites during the absence of the Governor on leave. I
administered the Government during Sir Richard Dut-
ton's absence, not without marks of the Royal approba-
tion, including appointment to hold first rank in the
Council of the Island. No sooner, however, did Sir
Richard Dutton return, than he sent to me an overture
that I should assign my half salary and perquisites to
him, and, on my refusal, resolved to force me. He
thereupon summoned and examined some thirty persons
for any information that he could obtain against me,
and framing thereon three charges, committed me to the
Provost Marshal till I should find .bail. Three several
indictments were then prepared against me, wherein were
contained several frivolous matters not mentioned in the
warrant of commitment, whereof copies were refused to
me. Nor was I even allowed counsel, but was required
to plead at once, or have judgment entered against me.
I pleaded that your Majesty and the Committee were my
only proper judges in matters of maladministration, but
the plea was not admitted. Though I was so ill that I
nearly died in the Court, I was obliged to defend myself ;
my defence was ridiculed and omitted to the jury; my
judges were many of them my accusers; and I was
found guilty, and fined eleven thousand pounds, a sum
not only impossible for me to pay, but altogether dispro-
portionate to the alleged offences. I appealed to your
Majesty in Council, but no notice was taken; ancj I was
24 COLONIAL PAPERS.
1685. committed, ill as I was, close prisoner to the Provost
Marshal, till I should pay the two fines of three thousand
pounds apiece. The other fine of 5,OOOZ. was imposed
on the suggestion that I had taken a negro girl for a
bribe, though there was but one witness, and that of ill-
fame, yet on the 26th December, 1684, I was summoned
before the Court of Exchequer to shew cause why I should
not pay it. I offered sundry matters in plea of abate-
ment, but in vain. Judgment was given for the levying
of five thousand pounds on my estate, and a fieri facias
immediately issued for the purpose. I beg that my case
may be enquired into, that true copies of all the proceed-
ings may be allowed to me, that I may be released from
prison, and further proceedings against me stayed pend-
ing the enquiry. Copy. 5 pp. Inscribed. Read in
Council 28 March 1685. [Col. Papers, Vol. LV., Nos.
73, 73 I., and (under date 26 March) Col. Entry Bk., Vol.
VII., pp. 288-289, and 310-314.]
March 27. 95. Order of the King in Council. Approving the following
Whitehall, report of Lords of Trade and Plantations, and directing Lord Sun-
derland to prepare a letter accordingly. Signed, Wm. Bridgeman.
The Report. Since our report of 13 January (see preceding vol-
ume) we have received further particulars of Sir Richard
Button's proceedings towards Sir John Witham, the queries
that he addressed to the Council and their answers (see
preceding volume), and the three indictments preferred against
him. We have received no letters or papers in his defence
from Sir John Witham since his trial, nor the plea in answer
to the indictment, which ought to have been forwarded by
the Secretary; but we cannot omit to point out that the Chief
Judge appointed by Sir Richard Button for the Sessions was Henry
Walrond, whom Sir John Witham had dismissed from the post of
Lieutenant-General. On the whole we do not think that Sir
Richard Button has done well in calling to account in this manner
one who has borne the chief command on the Island, but since
matters have gone so far, and Sir John Witham has appealed to
Your Majesty, we advise that all orders for execution against him
be suspended and all issues superseded, and that if execution in any
case be actually passed, restitution shall be made to him; that
meantime he be set at liberty and have his papers restored to him,
and that he be allowed to appear here himself or by counsel as he
shall prefer, and to send over all documents necessary for his
defence ; also that Sir Richard Button send more particular and
authentic account of the facts and evidence against Sir John, and
that he be forbidden to reverse Sir John Witham's decrees in Chan-
cery on any pretended defect of authority. Dated, Council Cham-
ber, 17 March 1685. [Col. Entry BL, Vol. VII., pp. 271-279.]
March 27. 96. Journal of Lords of Trade and Plantations. Braft Commis-
sion to Mr. Edwyn Stede read, and draft letter to Sir. Richard
Button.
The articles against Governor Cranfield and his answer read (see
preceding volume of this Calendar). The Lords agreed on their
report (see No, 118).
AMERICA AND WEST INDIES. 25
1685.
Sir John Witham's petition read (see No. 94 i.). A copy to be
sent to Sir R. Button. Petition of Walter Stephens and others
read. The Lords agreed on their report (see No. 179).
Memorandum of despatches sent and received. [Col. Entry Bk.,
Vol. CVIII., pp. 119-129.]
March 28. 97. The King to Sir Richard Button. A letter in the terms of
the report of 17 March (see No. 95). Ordering both Sir John
Witham, and Sir Richard Button, and Henry Walrond to come
home without delay ; and that liberty be given without discourage-
ment for the taking of the necessary evidence. Sir John Witham
to give recognisance that he will appear before the Council, and
submit to its determination in his appeal. Countersigned, Sunder-
land. [Col. Entry BL, Vol. VII., pp. 279-282.]
March 29. 98. Sir Richard Button to Lords of Trade and Plantations. I
have received the King's Order of 15 January last to my great
astonishment, and think myself very unhappy to have lain under
the King's displeasure, owing to the unfortunate loss of my letters
at sea, which letters would I doubt! not have prevented any such
order. I must beg to acquit myself of the charge brought against
me. As to my prosecution of Sir John Witham, I shall say no more
in my vindication than that I acted with tihe unanimous concur-
rence of the Council, the Attorney-General and the Judges, in every
step. My precedent was the trial of Colonel Codrington by William
Lord Willoughby, who had left him Beputy- Governor during his
absence. If I have failed in the method of this prosecution, I have
at least acted with all possible caution and advice. The proceed-
ings already forwarded to you show that judgment was passed before
I received your order, but further execution shall be stayed. As
to the latter part of the order, I doubt not that you will acquit me
when I solemnly protjest that no such order ever came to my hand,
so that I could not have caused it to be entered in the books of the
Assembly and Council. Whether it came into my deputy's hands
I know not, for he kept not only public orders but also my private
letters ; but I find no entry thereof in the books. I hope that I
now stand fair in your Lordships' estimation, and that the King
will permit me to accept the benevolence granted me by the
country. I confess that, not knowing I should be guilty of any
fault, 1 received a thousand pounds of it a month before the King s
order came to my hands. Without it I and my family should have
been in a wanting condition, for everything is very dear and I was
put to great expense before I left England. There is a great arrear
of salary due to me from the King, which has put me to great ex-
tremity. But I shall not touch the remaining thousand pounds
now ready for me in the Treasurer's hands without the King's
order, though I and my family should die of hunger. Holograph.
3 pp. Endorsed. Reed. 4 June 1685. Read 11 and 20 June.
[Col. Papers, Vol. LV., No. 71., and Col. Entry BL, Vol. VII., pp.
296-298.]
March 30. 99. Memorandum of Commissioners of Customs. Transmitting
a letter from Captain Jones of H.M.S. Biamond, attending the ser-
vice of Barbados, shewing tKat foreign vessels are allowed to trade
26 COLONIAL PAPERS.
1685.
there contrary to law. They move that the Governor may be re-
minded of his duty, and the Captains instructed to seize all foreign
vessels so trading. \ p. Endorsed. [Col. Papers, Vol. LV., No
75, and Col Entry BL, Vol. XCVlI., p. 141.]
March 30. 100. Commission to Edwyn Stede to be Lieutenant-Governor
Whitehall. o f Barbados on the death or in the absence of Sir Richard Button.
Countersigned, Sunderland. [Col. Entry BL, Vol. VII., pp. 282-
285.]
March 30. 101. The King to Sir Richard Button. Ordering him to give
Whitehall. Edwyn Stede a copy of his Commission and Instructions, and to
administer to him the oaths of office. Countersigned, Sunderland.
[Col. Entry BL, Vol. VIZ., pp. 285-286.]
March 30. 102. The King to Sir Richard Button. Appointing Henry
Whitehall. Quintyne, John Hallett, John Hothersall, and John Gibbes to be
of the Council of Barbados. [Col. Entry BL, Vol. VII., p. 286.]
March 30. 103. Minutes of Council of Nevis. Colonel William Burt sworn
in Beputy-Governor. [Col. Entry BL, Vol. XLVIII., pp. 63-64.]
March 31. 104. The Commissioners of the Four and a half per cent, duty
Barbados, to the Commissioners of Customs. By our improvements we hope
to make the duty worth from eight to ten thousand pounds a year
clear. Extract. [Col. Entry BL, Vol. VII., p. 302.]
[March 31.] 105. Copy of the queries addressed to Sir Richard Button
to the Council on 10 October, 1684 (see preceding volume).
Copy. 3 pp. Inscribed. Reed. 31 March. [Col. Papers, Vol.
LV., No. 76.]
[March 31.] 106. Address of loyalty from the Grand Jury of Barbados to
the King, 16 Becember, 1684. Seventeen signatures. Broad
sheet. Endorsed. Reed. 31 March 1685. Read 1 April. [Col.
Papers, Vol. LV., No. 77.]
[March.] 107. Sir John Witham's plea in abatement before the Grand
Court of Barbados. Copy. 8 pp. [Col. Papers, Vol. LV., No.
78.]
[March 31.] 108. Sir John Witham's plea in abatement before the Court of
Exchequer of Barbados ; six heads, with the answers of the Court
thereto. 1^ pp. Endorsed. Reed. 31 March 1685. Buplicate
received 12 March, read 17th. [Col. Papers, Vol. LV., No. 79.]
[March ?] 109. [Sir John Werden ?] to Lords of Trade and Plantations.
The annexed shows the boundaries of the Buke of York's Patent. I
beg you to call for it. The Counsel who drew it for the Buke is with-
out, and is ready to explain any difficulties. Unsigned, i p.
[Col. Papers, Vol. LV., No. 80.] "
[March ?] 110. Memorandum concerning Maryland. A brief descrip-
tion of its rise, of its boundaries, and first charter. In the hand-
writing of William Bridgeman. 2 pp. [Col. Papers, Vol. LV. t
No. 8i.]
1685.
March.
Petit
Guavos.
April 1.
Whitehall.
April 1.
Council
Chamber.
April 4.
April 4.
Whitehall.
AMERICA AND WEST INDIES. 27
111. The Governor of Petit Guavos to Lieutenant-Governor
Molesworth. One of our privateers (flibustiers) bearing the Com-
mission of the Admiral having met Captain Bosseville some few
leagues off Jamaica without passport or papers, has brought him
in here. On examination I found certain proof that he has
traded with the subjects of the King, my master, which is as you
know is contrary to the orders of my King and yours. Still, to
promote the friendship existing between the two crowns, I have
released him with his ship and cargo, and without further harm
done but the delay. I kept him here for some days for certain
reasons, but restored him all that belonged to him. To avoid
similar inconveniences in future, pray order your vessels not to
go to sea without passes in proper form, or I shall be compelled to
confiscate them. Signed, De Cussy. Holograph. French. 2 pp.
Endorsed. Transmitted by Colonel Molesworth to the Committee.
Reed. 29 July 1685. [Col. Papers, Vol. LV., No. 82.]
112. Order of the King in Council. That Samuel Pepys, Esq.,
Secretary of the Admiralty, order the commanders of the King's
ships on the Colonial Stations to seize all foreign vessels trading
with the plantations. Copy. \ p. [Col. Papers, Vol. LV., No.
83, and Col. Entry BL, Vol. XCVIL, p. 142.]
113. Lords of Trade and Plantations tb Sir Richard Button.
Forwarding copy of Sir John Witham's petition and appeal (see
No. 94 i.) for reply. All Sir John Witham's papers are to be re-
stored to him. Signed, Rochester, Halifax, Clarendon, Ormond,
Lindsey, Arlington, Huntingdon, Bridgewater, Craven. [Col.
Entry BL, Vol. VII., p. 289.]
114. Journal of Lords of Trade and Plantations. JDraft circular
respecting the Acts of Trade and Navigation read. An exception
as to Spanish ships trading for negroes (see No. 120).
Colonel Molesworth's letters of 30 December and 3 February read
(see preceding volume). A copy of his proposals as to exchang-
ing guns in the forts to be sent to Lord Dartmouth. Sir Philip
Howard to examine and report as to Bannister's escape.
Memorandum of despatches sent and received. [Col. Entry Bk.,
Vol. CVIII., pp. 129-133.]
115. Order of the King in Council. Referring the petition of
James, Earl of Arran, to Lords of Trade and Plantations for report.
Signed, Phil. Musgrave. 1 p. Annexed,
115. i. The Petition of James, Earl of Arran. In 1660 the
Council established at Plymouth sold a tract of land in
New England, now called the Narragansett County, to
petitioner's grandfather, James, Marquis of Hamilton.
The rebellion gave several persons opportunity to take the
county without acknowledgment of petitioner's right.
Prays the King's order for his title to be acknowledged
and possession to be given. Copy. 1 p. The whole en-
dorsed. Reed. 7 April. Read 15 April 1685. Memo, in
Entry BL Referred to Law Officers 15 April. [Col.
Papers, Vol. LV., Nos. 84, 84 i., and (Order only) Col.
Entry BL, Vol LXI., pp. 224-225.]
COLONIAL PAPERS.
1685.
April 6.
Jamaica.
April T.
April 8.
Council
Chamber.
April 9.
April 10.
Whitehall.
April 11.
April 13.
April 13.
116. Lieutenant-Governor Molesworth's instructions to Captain
David Mitchell, H.M.S. Ruby. To convoy two Spanish ships to
Porto Bello, and thence fo proceed to the Bay of Darien, visit
Golden Island and the Isle of Pines, and destroy piratical craft if
possible. Copy. 1 pp. [Col. Papers, Vol. LV., No. 85.]
117. Journal of Assembly of Barbados. No quorum. Ad-
journed to 5 May. [Col. Entry BL, Vol. XIV., p. 23.]
118. Order of the King in Council. Report of Lords of Trade
and Plantations to the King. We have received Governor Cran-
field's answer to the charges of Nathaniel Weare. We find that
Governor Cranfield has not pursued his instructions in reference to
Robert Mason's claim to the property of New Hampshire, having
caused titles of land to be tried in the Courts of the Province instead
of sending the cases to England in case his own mediation should
fail. We think again that he ought not to have raised the value
of foreign coins without your direction. We recommend that he
be so informed; that the differences between Robert Mason and
the planters be decided; that William Vaughan have liberty to
appeal against the judgments given against him in his private case,
whereby you will best be able to judge of Mason's right and title ;
and that till that case be heard all proceedings at law relating to
the said title do cease until your further pleasure be known. Dated
27 March 1685. Ordered in Council accordingly. [Col. Entry
BL, Vol. LXVII., pp. 138-139.]
119. Minutes of Council of Jamaica. The Governor reported
that he had advice, at second hand, of the death of King Charles II.
Order for proclamation of King James on confirmation of the news.
Adjourned sine die. [Col. Entry BL, Vol. XXXVI., pp. 81-83.]
120. Circular. Lords of Trade and Plantations to the Gover-
nors of the Colonies. Ordering strict observance of the Acts of
Trade and Navigation ; all foreign vessels trading with tiie Plan-
tations to be seized, excepting Spanish ships that come to buy
negroes. [Col. Entry BL, Vol. XCVII., pp. 142, 143.]
121. Minutes of Council of Nevis. Sir William Stapleton's
Commission of Admiralty read, appointing five members, any three
of whom to form a Court. [Col. Entry BL, Voi: XLVIII., p. 64.]
122. Minutes of Council of Jamaica. The Lieutenant-Governor
communicated a letter from the Lords of Trade of 6 February and
from the King of 15 February, which had arrived on the evening
of the 16th ; and reported that the new King had been proclaimed
at St. Jago de la Yega and Port Royal on the following morning.
The Council passed an address of loyalty. Judge White announced
that Colonel Thomas Freeman, who was absent through sickness,
desired to express his hearty concurrence with the address. Ad-
journed sine die. [Col. Entry BL, Vol. XXXVI., pp. 80-81.]
123. Lieutenant-Governor Molesworth to Lords of Trade and
Plantations. Reporting the proclamation of King James II., the
publication of the King's proclamation continuing officers in their
places, and tfre transmission of a loyal address from the Council.
AMERICA AND WEST INDIES. 29
1683.
Copy. \\ pp. Endorsed. Read July 15 1685. [Col. Papers,
Vol. LV., No. 86, and Col. Entry BL, Vol. XXXI., pp. 48-49.]
[April ?.] 124. Address of the Lieutenant-Governor and Council of
Jamaica to the King. Sorrow at the death of King Charles, joy
at the peaceful accession of .King James. Signed, Sender Moles-
worth, F. Watson, John Cope, Cha. Modyford, Tho. Ballard, J.
Fuller, John White, John Bourden, Samuel Barry. Large sheet.
Endorsed. [Col. Papers, Vol. LV., No. 87, and Col. Entry BL,
Vol. XXXI., pp. 50-51.]
April 14. 125. Lords Proprietors of Carolina to Governor Joseph West.
Warrant for a grant of 500 acres of land to James Du Gue. Signed,
Craven, Albemarle, P. Colleton. [Col. Entry BL, Vol. XXII., p.
58.]
April 14. 126. The same to the same. Warrant for a grant of 300 acres
of land to Isaac Fleury. [Col. Entry BL, Vol. XXII., p. 59.]
April 15. 127. Journal of Lords of Trade and Plantations. The Bishop
of London's letter as to ecclesiastical jurisdiction read (see No. 130).
Agreed to consider it when his lordship is present.
Lord Arran's petition read and referred to the Law Officers, and
Lord Culpeper/s petition likewise. Mr. Wharton to be heard
respecting his petition on 27th inst. (see Nos. 81, 91, 115).
Draft circular as to the Acts of Trade and draft letter to Governor
Cranfield approved.
. Sir William Stapleton's letters of 17 November, 13 December,
and 7 January read (see preceding volume). The merchants to
attend, touching the Act of Antigua.
Memorandum of letters despatched and received. [Col. Entry
BL, Vol. CVIII., pp. 133-136.]
April 15. 128. Roger Elletson to William Blathwayt. I send a faithful
account of the transactions at the Council of 11 March. A sum of
667. embezzled was admitted with little or no dispute. I proved
a further sum of 400Z, and two hundred pieces of eight taken from
the house of one Ward, also six large pieces of plate taken from
Spurre, and two hundredweight of cochineal. Sir Charles Mody-
ford offered to swear in Council that the plate and cochineal were
worth no more than 480Z., but in my judgment they were worth
800L I proved also a diamond ring in the hands of Wilson's wife,
and further sums amounting to 340Z., which the Council called per-
quisites. I hope to prove further embezzlement when Captain
Davis arrives. Holograph. 1^ pp.
Duplicate of foregoing. [Col. Papers, Vol. LV., Nos. 88, 89.]
April 15. 129. Account of pirates goods. Total 1,919. 5s. 8d. This con-
cerns the charges of embezzlement against Sir Thomas Lynch (see No.
57). The amount stated due to the King is 804Z. [Col. Papers,
Vol. LV.,_No. 90.]
[April 15.] 130. The Bishop of London to William Blathwayt. Being
unable to attend the Committee, I ask you to lay the three follow-
ing propositions before it. (1.) That I may have all ecclesiastical
jurisdiction in the West Indies, or in Jamaica at least, excepting
SO COLONIAL PAPERS.
1685.
the disposal of the parishes, licences for marriages, and probate of
wills. (2.) That no schoolmaster be received from hence without
my .Jicence ; or otherwise that he take the Governor's licence.
(3.) That orders be given for establishing the donation at St.
Andrew's parish, Jamaica. Signed, H. London. Holograph.
1 p. Endorsed. Read April 15, 1685. [Col. Papers, Vol. LV.,
No. 91, and Col Entry BL, Vol. XCVII., p. 143.]
April 15. 131. Lords of Trade and Plantations to Governor Cranfield.
CotmcU Repeating the substance of the report of March 27th (see No. 118).
Chamber. [Col. Entry BL, Vol. LXVII., pp. 140-141.]
April 16. 132. Warrant of Lords Proprietors of Carolina for the grant of
500 acres of land to Charles Franchomme. Signed, Craven,
Albemarle, P. Colleton. [Col. Entry Bk., Vol. XXII., p. 59.]
April 17. 133. Warrant of the same for a grant of 500 acres to Isaac
Lejay. Signed as the preceding. [Col. Entry Bk. t Vol. XXII.,
p. 58.]
April 17. 134. Minutes of a Council of War held at the Old Road. Two
St. Christ- field officers, two captains, seven lieutenants, and seven ensigns
opher's present. Sergeants John Ruddle and Francis Holland, of the
English Companies, were tried for mutiny. Sentence, to be shot
bv two files of their own men. [Col. Entry Bk., Vol. XLVIII.,
p. 39.]
April 19. 135. Journal of Assembly of Nevis. The Council and Assembly
agreed to the Governor's proposals that the Blackrock and Old Road
forts be repaired, that ammunition should be supplied to the forts,
limiting the purchase to twenty barrels, and that a standing guard
should be appointed instead of the look-out. The Assembly pro-
posed the enforcement of the Act compelling every merchant to
nave by him fif ty-six pounds of powder. Referred to next meeting.
[Col. Papers, Vol. LV., No. 40.]
April 20. 136. Nehemiah Blakiston to [the Commissioners of Customs].
Maryland. The murder of Mr. Rousby has been and is daily seconded with very
apparent tokens of approvement both by the murderer Talbot and
by all his adherents, who are very busy in extenuating his crime, and
have conspired to procure his escape from Virginia to Maryland,
where he remains publicly known at his own house. There is little
hope that he will be brought to justice, since he is in intercourse
and correspondence with the principal magistrates. Since the
murder I have been continually discountenanced and obstructed in
my proceedings 'for the King's service by the chief persons deputed
for the government of this Province. They have contemned and
disowned my commission, torn and burnt my certificates to masters
of ships, and diverted masters from applying to me, so that ships
have been cleared and despatched without my privity, by which
means 1 am sure that my transgressors have escaped and many
frauds been undetected. Lord Baltimore's Council has arrogated
power to depute another to be collector of the King's dues on several
rivers ; and because I refused to recognise them I have been served
with warrants to appear before them^ and threatened with trial and
ruin, One Colonel Digges is especially domineering, and tells me
AMERICA AND WEST INDIES. 31
1685.
that I shall not maintain my commission here except by great guns,
as Captain Allen doth. Him they calumniate and call pirate, and
they asperse both his commission and mine, but I mean to do my
duty, and I hope that I shall have your support. I beg that you
will move the King to put an end to the growing and intolerable
insolences under which the King's officers have always suffered.
I expect hard usage unless care be taken to check persecution of the
King's service here. I am sure that the King loses several thousand
pounds annually by the obstruction and confusion of his affairs here,
and I doubt but the revenue from tobacco will be small this year,
for many merchants bound for other plantations would have carried
tobacco had they not been threatened by the aforesaid with seizure
of their ships. I know of but two entries made with me and my
deputies for tobacco in the whole province. I hear that some of the
collectors have lately clandestinely cleared and received the King's
duties of some tobacco, and shall make enquiry. Major Nicholas
Sewall, one of the Council and Collector at Patuxon, entered some
Irish and some other ships. Suspecting these the transgressors, I
told Sewall of his irregularity, and demanded the cocquets and
certificates of the ships, but Sewall deferred delivery thereof. Sus-
pecting that I would order Captain Allen to seize the ships, he
warned the masters and promised them all favour if they submitted
their ships to be seized by him. This was done ; and the ship was
brought to condemnation by a private court appointed for the pur-
pose, just to prevent the execution of our commissions. Some pro-
hibited goods were in like manner seized and tried by the same
Sewall and Major Darnall. They might have had witnesses and
evidence enough to condemn the goods, but they acquitted them
without calling the material witnesses. The ship which imported
these goods was seized soon after by Captain Allen by my order,
but a trial on the King's behalf was refused by one of the principal
officers of Government. You will see what just cause of complaint
the King's officers have. I have plenty more such information to
give you, but for the present suspend it. No letter came from Mr.
Rousby, nor his brother John Rousby, nor for myself either this
year or last. I mention this that, in any case you should have sent
us anything, you may be aware of the miscarriage. Signed, Nehe.
Blakiston. 7 pp. Endorsed. Presented by the Commissioners
of Customs. Read in Council 10 July 85. [Col. Papers, Vol. LV.,
No. 92.]
April 21. 137. Governor Bradstreet to [William Blatihwayt]. "We re-
Boston, ceived the letter reporting the accession of King James on 17 April,
but deferred the proclamation till the 20th, to make suitable pro-
vision for the ceremony. Tour intimation of title vacation of our
charter by legal process was the first notice that we have received
from any correspondent in England. We did not even hear of the
issue of the scire facias in time to answer, so we hope that our not
appearing will not be imputed to us as disloyalty, much less con-
tempt. I shall not attempt to extenuate our faults, and have some-
times thought it much, considering our difficulties and the dis-
tance from England, that we have committed no more. This
I must say, that many things have been urged and aggravated
against us by some that bore us no good will, as for instance the
COLONIAL PAPERS.
1685.
50,000?. mentioned in the stire facias, when there was never 1,000.
raised in that account, nor above 2,OOOZ. in any way for the expenses
of Government. I trust that the King will forgive our faults and
failings, and remit to us the liberties and little comforts that we
have purchased at so dear a rate in this wilderness. Signed, S.
Bradstreet. Holograph. 2 pp. Endorsed. Read at Committee
June 11 1685. [Col. Papers, Vol. LV., No. 93, and Col Entry BL,
Vol. LXI., pp. 227-228.]
April 21. 138. "William Stoughton and others to William Blathwayt.
Boston. The 20th of April was appointed for the proclamation of King
James II., and there was present in Boston a very handsome appear-
ance of a thousand foot-soldiers and about a hundred horse and
numbers of gentlemen and merchants. After a regular march
through the town the proclamation was read amid acclamations and
volleys of shot, particularly of about fifty pieces of ordnance from
Noddle's Island by Mr. Shrimpton. Similar proclamation will be
made at Salem. Nothing would be more reasonable and just than
for the people here to have early sent their agents and a humble
address for the King's favour, but we judge this impossible to
obtain with any public satisfaction. We doubt not that the King
will take care for the settlement of the colony. Signed, William
Stoughton, Joseph Dudley, Peter Bulkeley, Samuel Shrimpton. 1
p. Endorsed. Reed. 5 June. Read 11 June 85. [Col. Papers,
Vol. LV., No. 94, and Col. Entry BL, Vol. LXI., pp. 226-227.]
April 21. 139. Minutes of Council of Virginia. Resolved to address the
King (see next abstract). [Col. Entry Bk., Vol. LXXXIV., pp.
210-211.]
April 21. 140. The Council of Virginia to the King. His Majesty having
taken from Lord Culpeper a release of the demise of the quit-rents,
escheats, etc., of the Southern part of Virginia and appropriated the
same to the benefit of the Government, we, with all gratitude, feel
encouraged to ask that he would also compensate Lord Culpeper for
Northern Neck, and treat that in like gracious manner. [Col.
Entry BL, Vol. LXXXII., pp. 333-334.]
April 22. 141. Governor Treat and the Council of Connecticut to Sir Leo-
Hartford, line Jenkins. We received the news of the Accession of King
James on the 19th instant, and proclaimed him this day at two of
the clock. Favour us by presenting /the enclosed address to the
King. Signed, Robert Treat, Governor. John Allyn, Secretary.
|- p. Annexed,
141. i. Address of the Governor and Council of Connecticut to
the King. Loyal rejoicings at his Accession, and hope
for a quiet and peaceable life under the royal shadow.
Signed as the letter. ^ p. The whole endorsed. Reed.
26 July 85. [Col. Papers, Vol. LV., No. 95, and Col.
Entry BL, Vol. LXI., p. 248.]
April 22. 142. Warrant of the Lords Proprietors of Carolina for the grant
of 3,000 acres of land to William Shaw. [Col. Entry BL, Vol.
XXII., p. 60.]
AMERICA AND WEST INDIES. 33
1685.
April 22. 143. Minutes of Council of Barbados. (There was no quorum
on April 7 and April 14.) The Governor shewed a letter signed
by several of the Privy Council, a proclamation of King James II.,
and an Order in Council for alteration of the prayers. Order for
the proclamation to be published. Address of the Council to the
King; sorrow for the late monarch, loyalty to the new. [Col.
Entry BL, Vol. XI., pp. 588-591.]
April 23. 144. " The March from Fontabelle [Government House] to the
Barbados. Town of St. Michael's for proclaiming our Gracious King James
the Second." An account of the procession of regiments, horse and
foot, and of dignitaries, to the place called Cheapside in St.
Michael's, where the Provost Marshal repeated the proclamation
after the Secretary. There was plenty of wine provided to drink
the King's health ; " had there been conduits they should have run
" wine, instead of opening the heads of all the casks, which was
"done that with more ease all people might drink the King's
" health." 1 p. Endorsed. [Col. Papers, Vol. LV., No. 96.]
April 22. 145. Petition and appeal of William Vaughan. (1.) Against
a judgment given against him in New Hampshire, 6 November,
1686, in an action of trespass brought by Robert Mason. (2.) From
a fine of forty pounds imposed at Quarter Sessions 6 May 1684 for
beating and abusing Thomas Thurton, pretended deputy to Edward
Randolph, of the King's Customs. (3.) From a judgment given
against Nicholas Baker, master of the ketch Diligence in July
1684, of which vessel petitioner was principal owner. (4.) Against
a decree of the Court of Equity by Robert Mason, as Chancellor and
Judge, in a judgment obtained by Robert Mason against Richard
Martyn, and another judgment obtained by Governor Cranfield
against the said Martyn. Signed, William Yaughan. Copy. 7
pp. Endorsed. May 1681. [Col. Papers, Vol. LV., No. 97.]
April 23. 146. Governor Cranfield to Lords of Trade and Plantations. I
received yours of 6th February on the 19th inst., and have pro-
claimed King James II. I have also pardoned all rioters and fine-
able misdemeanours to invite the disaffected to be better subjects.
Signed, Edw. Cranfield. 1 p. Endorsed. Reed. 26 July 85.
Enclosed,
146. i. Order of the Governor of New Hampshire in Council for
proclamation 6f King James II. on the night of the 18th
[sic]. Dated April 18, 1685. Copy. 1 p. Endorsed,
as the foregoing.
146. n. Commission of the Governor of New Hampshire to
Robert Mason and Richard Chamberlain to administer the
oaths of allegiance and supremacy to the inhabitants. 22
April, 1685. Copy. 1 p. Endorsed as the foregoing.
[Col Papers, Vol. LV., Nos. 98, 98 i., n., and (despatch
only) Col. Entry Bk., Vol. LXVIL, p. 146.]
34
COLONIAL PAPERS.
1685.
April 24. 147. Governor and Council of New Plymouth to Lords of Trade
New and Plantations. "We received your letter of 6 February on the
Plymouth. 20th inst., and proclaimed King James II. on this day " with the
" greatest solemnity our mean condition would capacitate us unto,"
rejoicing at the appearance of people not only from all the towns,
but from the remotest parts of the Colony. We pray for a long and
happy life for the King, and crave to enjoy our wonted liberties, both
civil and religious, " which to enjoy without offence to those worthy
" persons who were otherwise minded was the main and known
" ends at that first and difficult undertaking by the first adventurers
" at their own proper charge into this wild and barbarous wilder-
"ness." Signed, Tho. Hinkley, Govr. Holograph. 1 p. En-
dorsed. Reed. 26 July 85. [Col. Papers, Vol. LV., No. 99, and
Col. Entry Bk., Vol. LX!., pp. 246-247.]
April 24.
Jamaica.
148. Lieutenant-Governor Molesworth to the Earl of Sunder-
land. I give further particulars of the piratical English in the
South Seas. The small Island of Perico, which they have taken,
is well fortified by nature, wherein they have made a strong pali-
saded fort. Having taken at different times vast quantities of
flour, they have doubled their palisades, and filled them up between
with sacks of flour, which by rain and other means is so hardened
that it will resist any shot that can be brought against it. So
provident were they of their own security that they neglected to
take a very considerable prize in order to seize twelve ship's guns,
which they have mounted in the Island. It is now stated that all
the English in the South Seas are collected in one body, that they
are indifferently strong at sea, that the President of Panama sent
out five ships against them which were beaten back with loss of
the commanding officer, and that the President agreed upon a
truce, and during the truce sent a fireship among them, without
success. They are said to intend to intercept the Lima fleet, and
to be strong enough to do so. I heard yesterday of six privateer
ships that had been burnt in the Bay of Darien, from which seven
hundred men joined the rest, most of them French ; also that two
French privateers had landed two hundred and eighty more men,
so that the whole party must now be two thousand strong, the
majority and governing part being English. Captain Michel, a
French privateer, was recently beaten off by the Spaniards from
Darien with loss of his prizes. The French continue to issue Com-
missions against the Spaniard, on pretence of damage done them
by piragues set out from Havana before the making of the recent
truce in Europe. Signed, Hder. Molesworth. Holograph. 3 pp.
[Col Papers, Vol. LV., No. 100.]
April 24. 149. William Blathwayt to the Attorney and Solicitor Generals.
Referring to them the petitions of Lord Culpeper and others and
the Earl of Arran, for report (see Nos. 91 1., 115 i.). [Col. Entry Bk.,
Vol. LXI., p. 325.]
April 25. 150. William Blathwayt to the Merchants of the Leeward
Islands. Forwarding copies of Acts, and directing their attend-
ance. Memo, of their attendance on the 27th. [Col, Entry Bk.,
Vol XLVIL, pp. 183-184.]
AMERICA AND WEST INDIES. 35
1685.
April 25. 151. Minutes of Council of Nevis. The letter of February 6th
from the Lords of Trade read, also the King's letter of 15 February
and the proclamation of the Accession of King James II. [Col.
Entry Bk., Vol. XLVIII., p. 64.]
April 25. 152. Journal of Assembly of Nevis. The Assembly agreed to
a proposal of the Governor and Council for the immediate supply
of fifty barrels of powder; and to a proposal that the Treasurer
should meanwhile buy up all powder for sale in the Island. \Col.
Papers, Vol. LV., No. 40.]
April 27. 153. Journal of Lords of Trade and Plantations. Acts of Bar-
bados considered. Sir Richard Button to be told that the passing
of the Militia Act for three months is contrary to his instructions.
The same to be said of the Act for securing possession of slaves.
The remainder approved.
The Bishop of London's proposals agreed to (see Wo. 131). [Col.
Entry Bk., Vol. CVIII., p. 144.]
Acts of Antigua read. The merchants to attend and state their
objections if any.
Petition of Richard Wharton read (see No. 81). The Lords
inclined to grant him so much land as he can improve in seven
years, with liberty to fish so far as not to molest others.
Memorandum of letters despatched and received. [Col. Entry
BL, Vol. CVIII., pp. 137-140.]
April 27. 154. The Secretary of Virginia to [the Earl of Sunderland].
Jamestown, g w& ] an( j q^^ nerej am l there are hopes of lasting safety,
thanks to Lord Howard's treaty with the Seneca Indians. For
years they disturbed us, but there has been no alarm since the
peace. In all parts of the Government the Governor's prudence,
justice, and good conduct has brought even the worst of men to
order. George Talbot, who was brought here for the murder of
Mr. Rousby, has broken prison and escaped to Maryland, where he
has been, to the full knowledge of the Government, for full six
weeks. I neither excuse nor aggravate the slowness of the Govern-
ment of Maryland to apprehend so notorious an offender. Signed,
Nicho. Spencer. . Holograph. \\ pp. \Col. Papers, Vol. LV.,
No. 101.]
[April 27.] 155. "Privileges craved by Mr. Wharton for a settlement of
lands in the Province of Maine." (1.) Liberty of religion. (2.)
Liberty to transport people of all nations that may be willing to
come, such persons and their posterity, on taking the oath of allegi-
ance, to enjoy the liberties of Englishmen. (3.) That all persons
may for five years enjoy freedom from arrest for debts contracted
out of the Colony, provided that within one year after arrival they
apply themselves to improve their estates. (4.) That the Planta-
tions, Harbour, and River be ordained a manor, and Held directly
from the King. (5.) That no action arising within the manor be
tried without it, except exceeding 100?. (6.) That the lord of the
manor may appoint ports for loading and unloading. 1 p. En-
dorsed as headed. Reed, 27 Apr. 85. [Col. Papers, Vol. LV., No.
36
COLONIAL PAPERS.
April 29.
St. Andrew's
1685.
April 28. 156. William Blathwayt to the Deputy-Governor of the Royal
Africa Company. Forwarding copy of the Antigua Act of Extent,
and fixing a time when he may attend the Lords of Trade thereon.
Memorandum of the decision taken in consequence on May 5. [Col.
Entry BL, Vol. XLVII., pp. 184-185.]
April 29. 157. Order of the King in Council. That copies of the appeal
Whitehall, of William Yaughan (see No. 145) be sent to the Lords of Trade
and Plantations for examination and report. Signed, Phil. Mus-
grave. [Col. Entry BL, Vol. LXVII., pp. 141-142.]
April 29. 158. A brief intimation of the proclamation of King James II.
Perth, "After the performance thereof the Governor entertained the
East New " Council and gave the inhabitants a dinner, to their great content."
Jersey. Scrap. Endorsed. Reed. 8 July ;85. [Col. Papers, Vol. LV.,
No. 103.]
159. Roger Elletson to William Blathwayt. From new evi-
dence I have ascertained the amount of cochineal taken from
[Jamaica]. Spurre. This raises the balance due to the King to 804Z. (see ante,
No. 129). The same witness told me that Spurre's cocoa was sold
at Petit Guavos from Sir T. Lynch, which was worth at least 400Z.
more ; the sale of Spurre's sloop and negroes makes at least 320/.
more. We hear strange reports of English and French privateers
at Darien. Holograph. 1 p. Enclosed. [Col. Papers, Vol.
LV., No. 104.]
April 29. 160. Commissioners of Customs to Lords of Trade and Planta-
tions. Forwarding a letter from Captain Allen giving a fresh
account of the difficulty and danger of the King's Custom-Officers
in Maryland. Signed, J. Werden, N. Butler, J. Buckworth, W.
Dickinson, T. Chudleigh. Copy. 1 p. Endorsed. [Col. Papers,
Vol. LV., No. 105.]
161. Governor Sir Richard Dutton to Lords of Trade and Plan-
tations. I received your Lordships' order of the 6th of February,
signifying the death of our Gracious Sovereign, which was a great
astonishment and sorrow to me, and would have been insupportable
had not God been extraordinary kind to us in not suffering us to be
a minute miserable, by blessing us with such a prince in his present
Majesty. On receipt of your order, I summoned the Council for
the following day, and on the 23rd I proclaimed the King ; and I
hope, considering the shortness of the time and the number of the
people, that it was done with as great solemnity and order as in
any of his dominions, and not only with acclamation but affection,
though when I entered on this government there were few that
durst give him, as Duke of 5Tork, the respect due to a private
gentleman. I then published the King's other proclamation,
though the judges tell me that they cannot act without new com-
missions in his~name. I have, therefore, ordered them to adjourn
the Courts of Common Pleas from time to time till my new com-
mission shall arrive. The day after the King's proclamation Sir
John Witham sent his lady to me, encouraged so to do (so she
said) by some eminent friends at Whitehall, to demand his free-
dom. I asked her to show me the grounds of her proposal, or any
order from the King, for he stands committed not by my warrant,
April 29
Barbados.
AMERICA AND WEST INDIES. 37
1685.
but by the Court of Grand Sessions, and is the King's debtor for
the fines imposed on him. Signed, Ri. Button. Holograph.
1 pp. Endorsed. Reed. 10 July. Head 15 July 85. [Col.
Papers, Vol. LV., No. 106, and Col Entry BL, Vol. VII., pp.
294-295.]
April 30. 162. Sir John Witham to Lord [Sunderland]. My most
Barbados, real thanks for your favour to me, which has relieved me from
the malice of an implacable enemy, whom I never did justly
offend, and who sought my life and ruin. Sir Richard Dutton
will not understand the genuine sense of the words of the royal
order of 15 January last, because it is not expressly said that I
shall be restored again to my place in Council and discharged
from all judgments, etc. The import of the words bears this
sense, but he positively refuses to enlarge me or restore me or do
anything for me till he receives further order. He seems to think
that he has interest enough with the King to carry any matter as
he pleases, though it be against the opinion and sense of the Lords
of the Council. I make bold to enclose to you several "matters
wherein he has violated his commission and instructions, that the
way of his proceedings may be rightly understood. For my part
I never durst deviate from them; and the only fault alleged
against me was that I would never be seduced to lessen the King's
authority. Sir Richard acts against his instructions at all times
when" he is tempted with money or any gift that is valuable, and
his quarrel with me was only because I would not give him
$121. 10s. Qd., the amount of my salary. I have been so much
afflicted with sickness when Sir Richard took his opportunity
to persecute me that I shall never perfectly recover my health till
I return to England. I should have returned before now if Sir
Richard Dutton had noli hindered me. I beg you to procure me
permission to return to England, and there answer all charges
against me. Signed, Jno. Witham. P.S. I perceive Sir R. had
an eye upon a large part of the fruits I had been this eighteen
years a gathering. 2^ pp. Annexed,
162. i. Matters wherein Sir Richard has acted against his
commission and instructions. (1.) In receiving gifts
without first obtaining the King's approbation, contrary
to an instruction of 15 December 1682. A new order
of 15 January 1684 is directed to be entered in the
Assembly and Council Books ; but though he has
received this latter order ten days he has not yet
appointed it to be registered. (2.) He enquires where
titles to estates are defective, and threatens to take away
the land unless the owners compound with him. He
then issues grants, which he has no right to do, and has
thus made large sums. He also collects the Escheats, but
has never accounted for the money so received. (3.)
He has appropriated the whole profits from the con-
demnation of an interloping ship, and will not give a
farthing to anyone else. (4.) He has made a contract
with Mr. Banckes, a Jamaica merchant, to give Spaniards
liberty to trade here; for which they are to pay him
38 COLONIAL PAPERS.
1685.
1,500. annually. (5.) The Assembly recently passed an
Act for renting the revenue of the four-and-a-half per
cent. duty. He made an agreement with some mem-
bers of the Assembly, and they consented to give him
1,500?. to pass the Act and use his interest with the
King to obtain the Royal Assent. (6.) He keeps in his
own hand some 400Z. value of the estate of James Hollo-
way, the traitor, who suffered at Tyburn in April 1684,
not paying it into the Exchequer. (7.) He turned John
Daniel, Chief Judge, out of his place because of his
affinity to Sir John Witham, contrary to his instructions
to remove no judge without just cause. (8.) He sus-
pended Sir John Witham from the Council without
charge, evidence, or Ijrial, contrary to his instructions.
(9.) He still keeps Sir John Witham in prison, notwith-
standing the King's order of 15 January, and though it
is addressed to himself and Council has never communi-
cated it to the Council. 3 pp. [Col. Papers, Vol.
LV., Nos. 107, 107 i.]
April 30. 163. Journal of Assembly of Nevis. The Governor, Council,
and Assembly acceded to the request of the merchants that the
fifty-six pounds of powder, ordered to be kept in their houses, might
be stored in the magazine. The Governor and Council agreed to
contract with Robert Helmes for twenty-two barrels of cannon-
powder and eight of pistol-powder at 800 Ibs. of sugar per barrel.
Address of loyalty voted to King James II. [Col. Papers, Vol.
LV., No. 40.]
April 30. 164. Minutes of Council of St. Nevis. The oath of allegiance
was administered to the Deputy-Governor, Council, and Assembly.
[Col. Entry BL, Vol. XLVIIL, p. 65.]
April 30.. 165. Petition of John Custis to the King. Bringing forward
his loyalty during Bacon's rebellion, and begging restoration to
the Council and other offices which were disposed of to others
owing to a report of his death. Inscribed below. Order of the
King referring the petition to Lords of Trade and Plantations for
report. Whitehall, 30 April, 1085. Signed, Sunderland. 1 p.
Endorsed. Reed. 5 May 85. Read same day. [Col. Papers,
Vol. LV., No. 108, and (order only) Col. Entry BL, Vol.
LXXXII., p. 323.]
May 5. 166. Journal of Lords of Trade and Plantations. Mr. Ran-
dolph's representation read, setting forth that an impartial Court
to try causes between the Colonies. Order for Mr. Randolph to
draw up particulars for a writ of quo warranto against their
charters.
Petition of John Custis read. The Lords agreed in their report
(see No. 180).
Mr. Wharton's proposals as to settlement of Pojebscot read (see
Nos. 155, 109), also Colonel Dongaii's letter of 18 February to Sir
John Werden (see No. 23). The Proprietors of East New Jersey
ordered to attend next Saturday. Mr. Blathwayt to attend the
AMERICA AND WEST INDIES. 39
1685.
Lord Treasurer's, touching the house, garden, and farm mentioned
by Colonel Dongan.
Acts of Antigua read. The merchants stated their objections
against the Act of Extent. Agreed that the Act be repealed by
the King, and the Governor censured for not repealing the former
Act according to instructions.
Petition of Alexander Pollington and others read (see next ab-
stract). Petitioners ordered to make out their titles; the Act for
quieting possession to remain unconfirmed meanwhile.
Petition of William Vaughan read. Memorandum of letters
despatched and received. [Col. Entry Bk., Vol. CVIII., pp.
140-147.]
[May 5.] 167. Petition of Alexander Pollington to Lords of Trade and
Plantations. My father was one of the. most ancient planters in
Antigua, spent at least 3,OOOZ. there, and lost five sons, who all
died in the Island. He died possessed of two plantations, called
the Body and Fig-tree, but died before he settled them ; so that
they are now detained by others. I pray leave to make out my
title to them. Copy. Inscribed. Read 5 May 1685. 1 p.
[Col. Papers, Vol. LV., No. 109.]
[May 5.] 168. State of the case of Alexander Pollington; setting forth
his claims to the estates in Antigua. Large sheet. Endorsed but
undated. [Col. Papers, Vol. LV., No. 110.]
[May 5.] 169. Mr. Wharton's proposals for settling lands in the province
of Maine. (1.) Every person to have a sufficient quantity of land
for maintenance of himself and family, provided he improve it.
(2.) Everyone to have free liberty to fish in any of the rivers that
run through the said land. (3.) All the King's subjects to have
free liberty to fish on the coast, and bring their fish ashore without
paying anything for trading. (4.) All ships from England to
have licence to fish in the rivers, on reasonable payment for such
licence, and on condition that they dispose of the goods they bring
from England in the settlement. 1 p. Endorsed as headed.
Bead 5 May 1685. [Col Papers, Vol. LV., No. 111.]
May 5. 170. William Blathwayt to William Dockwra. Ordering the
attendance on the Lords of Trade of the Proprietors of East New
Jersey. Draft, corrected. % p. [Col. Papers, Vol. LV., No.
112.]
May 5. 171. Journal of Assembly of Barbados. The House being
dissolved by the death of the late King could not meet pursuant
to adjournment. [Col. Entry BL, Vol. XIV., p. 23.]
May 5. 172. Lords Proprietors of Carolina to Governor Joseph West.
Our meaning in the 28th article of our instructions of 12 March is
this : You will suffer no Indians to be sent away from Carolina
on any pretence whatever, unless there should happen to be a war
between the English and the Indians, and that the Parliament, for
the encouragement of the English soldiers employed therein, should
promise provision to them to make the best advantage of their
COLONIAL PAPERS.
1685.
May 5.
May 6.
May 6.
Whitehall.
May 6.
Whitehall.
May 6.
Newport.
prisoners ; in which case we allow Parliament to grant licence for
such individuals as are taken in the war to be transported ; always
provided that the Indians so licensed to be transported be first pro-
duced before Parliament and examined by interpreters as to the
circumstances and fact of their capture. The licence is to mention
the name of the Indians and their tribe, and is to be passed by the
same form as other Acts of Parliament; so that the barbarous
practice of enslaving and transportingi Indians by way of trade
may be prevented. Signed, Craven, Albemarle, P. Colleton.
{Col. Entry Bk, Vol. XXII., p. 60.]
173. Informations of Dr. Henry Woodward, as to his arrest
by Lord Cardross; and of John Edenburgh as to Lord Cardross's
prohibition to him to trade with Indians within his borders.
Copy of warrant for apprehension of Lord Cardross. {Col. Entry
Bk., Vol. XXI., pp. 138-139.]
174. Information of several Yarnasee Indians, that the Scots
at Port Royal sent an emissary to persuade them to go to war with
some neighbouring Indians who had a Chapel and a Spanish
friar, and gave them arms for the purpose. They diS so and
brought back twenty prisoners as slaves to the Scots and a manu-
script of prayers, produced. Sworn before Robert Quarry and
others. {Col. Entry Bk., Vol. XXI., p. 140.]
175. Order of the King in Council. Referring the petition of
Sarah Harrison, praying to be admitted as the King's tenant for
lands at Port Cagway, Jamaica, formerly held by her husband, to
Lords of Trade and Plantations for report. Signed, Phi. Lloyd.
p. Endorsed. Read at Committee 11 June 1685. Memo.
That Sir Philip Howard was instructed to examine the case.
Annexed,
175 i. Patent for lands in Jamaica to Mark Harrison. Anno
1662. Copy. 2 pp. {Col. Papers, Vol. LV., Nos. 113,
113 i., and Col. Entry Bk., Vol. XXXI., pp. 38-39.]
176. Order of King in Council ; referring the petition of
Richard Young to Lords of Trade and Plantations for report.
Signed, Phi. Lloyd. Annexed,
176. I. The petition referred to. Petitioner forfeited his bond
of two thousand peunds by carrying Samuel Hanson from
Barbados without a ticket. Begs for copies of all the
proceedings, which were refused to him in the Island,
and that he may be heard by counsel before the Board.
Copy. 1 p. The whole endorsed. Reed. 18 Aug. 85.
Read, 2 and 9 Sept. and 17 Oct. 85. {Col. Papers, Vol.
LV., Nos. 114, 114 i.]
177. Address of the Governor and Council of Rhode Island to
the King. Congratulations on his accession. Signed, John
Sanford, Recorder. \ p. Endorsed. Reed. 10 July 85. {Col.
Papers, Vol. LV., No. 115.]
AMERICA AND WEST INDIES.
41
1685.
May 7. 178. Minutes of Council of Virginia. The letter of February
6th of the Lords of Trade read. Orders for the proclamation of
King James II. The Council submitted five names, from which
the Governor was requested to select two to go as Agents to ratify
the Indian treaty. [Col. Entry Bk., Vol. LXXXIV., pp. 211-
212.]
May 8. 179. Order of the King in Council. Report of Lords of
Whitehall. Trade and Plantations. On tihe petition of Walter Stephens and
others (see No. 25) we find that Holloway's estate is undoubtedly
forfeited to your Majesty, but since it is said that Moxon traded
in partnership with him and knew nothing of Holloway's treason,
we think that, on proof of the partnership, Moxon's snare of the
estate may be made over to the creditors. The Governors of the
Colonies concerned may then be instructed to seize the effects and
remit them to England. Dated 27 March, 1685. Ordered accord-
ingly. Signed, Phi. Lloyd. [Col. Entry Bk., Vol. XCVII., pp.
169-171.]
May 8. 180. Order of the King in Council. Report of Lords of Trade
Whitehall. an d Plantations. On the petition of John Custis (see No. 165) we
recommend that he be at once restored to the Council, and that as
to his other offices he apply to the Governor. Dated 5 May 1685.
Ordered accordingly. Signed, Phi. Lloyd. [Col. Entry Bk.,
Vol. LXXXII., pp. 323-325.]
May 8. 181. Order of the King in Council. On the petition of Captain
Henry Mudd, whose ketch was captured by the pirate Juan Corso,
recaptured by some English Buccaneers and carried to New York,
that the Governor of New York might be directed to seize the
said ketch. Ordered that the case be preferred to Lords of Trade
and Plantations for report. Signed, Phi. Lloyd. 1 p. Endorsed.
Reed. 12 May 1685. Read 22 and 30 Dec. 1685. [Col. Papers,
Vol. LV., No. 116.]
May 11. 182. Minutes of Council of Jamaica. Resolved that, in conse-
quence of recent disturbances, the negroes' market at the River's
mouth be suppressed ; Captain John Ellis with three files of
Englishmen to execute the order, aided by quarter-master Martin
witjn a squadron of horse. Order for proceedings against all who
sell rum to negroes. Adjourned sine die. [Col. Entry Bk., Vol.
XXXVI., pp. 84-85.]
May 12. 183. Governor Cranfield to Lords of Trade and Plantations.
New My last announced the proclamation of King James II. I send
Hampshire. ne w copy of an affidavit against Robert Burnham for treasonable
speeches. I am obliged to make use of my licence to go to
Barbados or Jamaica, being much indisposed here. Signed, Edw.
Cranfield. \ p. Endorsed. Reed. 26 July 85. Enclosed,
183. i. Depositions of Joanna Chesley that on 26 April she
heard Robert Burnham say that there was no speaking
of treason at present against the King, for there was no
COLONIAL PAPERS.
1685.
King ; that the Duke of Monmouth was proclaimed and
crowned in Scotland, and gone for Ireland where he had
raised an army ; and that the Duke of York was not yet
crowned, and it was a question whether he ever would be
crowned. Confirmed by oath of. Philip Chesley. Sworn
before Richard Chamberlain, 30 April 1685. [Col.
Papers, Vol. LV., Nos. 117, 117 i., and (despatch only)
Col. Entry Bk., Vol. LXVH., p. 146.]
May 12. 184. Governor Lord Howard of Effingham to the King.
Virginia. Though hardly able to hold a pen for weakness, I must write of
our joy at Your Majesty's accession, and our grief at the death of
the late King. I hope to serve you faithfully as I served him^
Signed, Eflingham. Holograph. 2 pp. Endorsed. [Col. Papers.
Vol. LV., No. 118.]
May 12. 185. Address of the Governor and Council of New York to the
Fort King. Loyalty and devotion. Signed, Tho. Dongan, Ant. Brock-
James, holes, J. Sprag, Lucas Santen, Frederick Flipson, J. Palmar, S. v.
Cortlandt, Lewis Morris, John Young. Bead 10 July 1685. [Col.
Entry BL, Vol. LXVIII., pp. 73-74.]
May 13. 186. The Mayor of New York to Sir John Werden. We
New York, enclose an Address of condolence and congratulation to the King,
which we beg you to forward. Pray also acquaint the King that
since he separated Delaware and the two Jerseys from New York
the city has lost a third of its trade. We bear the burthen with
willingness and submission, but we hope that the King will
re-unite these parts and enlarge this Government eastward.
Signed, G. Minniell, Mayor. 1 p. Endorsed. Reed, from Sir J.
Werden 12 July 1685. Read July 15th. Printed in New York
Documents III., 361. Annexed,
186. i. The Address referred to. Large sheet. Signed, G.
Minniell, Mayor; Ja. Graham, Recorder; W. Bayard,
John Robinson, N. W. Stuyvesant, John Lawrence, Andr.
Browne, Isaac van Vlecq, Aldermen ; Sam. Wilson, Ian
Henderek Bruyn, Johannes Sey, Alra. Corbett, Common
Councillors ; John Tuder, Sheriff ; John West, Town
Clerk. \_Col. Papers, Vol. LV., Nos. 119, 119 i., and
Col. Entry Bks., Vol. LXVIII., pp. 67-69, and
(abstracted) Vol. LII., p. 101.]
[May ?.] 187. Governor Dongan to the King. A short letter of con-
gratulation on his accession. " I believe Your Majesty hath a
" whole crowd of importuners, so that I shall desire nothing for
" myself, but entirely submit to Your Majesty's pleasure."
Signed, Tho. Dongan. 2 small pp. \Col. Papers, Vol. LV., No.
120.]
May 13. 188. Governor Lord Howard of Effingham to Lords of Trade
Virginia, and Plantations. I apologise for not writing with my own hand,
but I have been little out of my bed for the last three weeks.. Your
AMERICA AND WEST INDIES.
1685.
letter of February 6th has been duly received with mingled joy
and tears. The King has been proclaimed. Thank God, all is
quiet here. Signed, Effingham. 1 p. Endorsed. Reed. 10
July 85. Read at Committee 15 July 85. [Col. Papers, Vol.
LV., No. 121, and Col Entry Bk., Vol. LXXXII.~]
May 13. 189. The same to Lord Sunderland. I have been ill with a
violent fever, which has reduced me to great weakness. We have
proclaimed the King, and the Council desire you to further our
address to him. All is quiet here, though some pilfering pirates
have done damage to the inhabitants, but I have taken and
executed the chiefest of them. A French man-of-war has been
driven here in distress. I have shown her all civility. Signed,
Emngham. 1 p. Endorsed. [Col. Papers, Vol. LV., No. 122. J
May 13. 190. Order of the King in Council. Referring the petition of
Whitehall. Robert Orchard to Lords of Trade and Plantations, to consider an
instruction thereon to be given to Colonel Kirke, who is going
Governor to New England. Signed, Phi. Lloyd. \ p. Annexed,
190. i. Petition of Robert Orchard. Recounting the story of
his grievance against the Government of Massachusetts,
and the report of the Lords of 3 November 1683 (see
preceding volume, No. 1352) delaying redress till the
Charter of Massachusetts should have been vacated. The
Charter being now void, prays for relief. Copy. 2 pp.
The whole endorsed. Reed. 5 May. Read 18 May 85.
[Col. Papers, Vol. LV., Nos. 123, 123 j., and (order only]
Col. Entry Bk., Vol. LXI., p. 354.J
May 14. 191 . The King to Governor Cony. We have received your
letter to Lord Nottingham, and sundry articles against you from
William Milbourn and William Righton. Copy of the articles
are enclosed. You will give all facilities for the collection of
evidence, and transmit such evidence to us. Countersigned,
Sunderland. Certificates from Francis Burghill and John Jauncye
that they received copies of above. Copy. 2 pp. Endorsed.
Reed, from Bermudas 19 May 86. \_Col. Papers, Vol. LV., No.
124, and Col. Entry Bk., Vol. XVII., pp. 130-131.]
May 15. 192. The Secretary for Virginia to the Earl of Sunderland.
Virginia. On the 7th inst. the Governor received the news of the late King's
death. His present Majesty was proclaimed with all possible
ceremony and solemnity. At the end of last winter we were much
troubled by skulking pirates, who are now taken and hanged. A
French man-of-war has been here to wood and water and refit.
Many thanks for obtaining for me leave of absence for a year.
Signed, Nicho. Spencer. Holograph. 2 pp. Endorsed. [Col.
Papers, Vol. LV., No. 125.]
44 COLONIAL PAPERS.
1685.
May 15. 193. Lieutenant-Governor Molesworth to William Blathwayt.
Jamaica. Ten days ago arrived Don Baltasar Beck, a Dutch gentleman bred
in Spain, bearing the Royal cedulas of the King of Spain in favour
of Don Baltasar Coymans to whom the King has committed the
sole management of the Assiento for the introduction of negroes
into the Spanish Indies, and for taking of all effects whatsoever
out of the hands of Porcio and his Agents. This was done on a
suggestion that Porcio was wholly incapable of carrying it on for
want of money ; but from all that appeared here, the want .was not
of money, but of negroes. Having communicated his powers to
me, he desired me to secure both the person of Porcio's agent and
all effects in his hands belonging to the Assiento ; to which I
answered that this was impossible except by due process of law,
thai? the Island itself was a kind of prison, which he could not leave
nor send goods from without authority, and that I could not judge
of the validity of his powers until I knew how they had been
respected by the King of Spain's Ministers in the Indies. He
thought this reasonable, not doubting to hear soon of the ratifica-
tion of his powers in the proper quarter. Meanwhile the two
parties kept making demands and protests, etc., complaining each
that I was partial to the other, though I did my best to be
indifferent. Beck tries to make me believe that he is come, not
so much to take away the business, as to establish it on a better
foundation, and that he hopes to hear from London of a contract
with the Royal African Company, acknowledging (as is true) that
the negro-trade could not be driven so advantageously for the
Assiento from any port in the Indies as from this. I told him that
he would not want encouragement. He then made the following
proposal as absolutely essential for the settlement of a trade here,
viz., that Coymans should be protected, as he was by the Spanish
King's letters in the Spanish Indies, from any suit by Porcio for
debts due to him. I answered tnat I could deny my King's justice
to no one, but that I would write him for instructions, and mean-
while would do what I could to protect him against the creditors
of the Assiento. I beg for instructions, and hope that my conduct
will be approved.
On the 14th Captain Stanley returned from looking after the
wreck, without further success than to increase his confidence of
finding it at the next attempt, having, as he says, only failed now
through bad weather and want of provisions. He was twice beaten
off by a north wind, and was obliged to put into Porto Rico for
stores before he could find the reef he sought for, which he did on
the 1st April. But the bank being of great length, the weather
dark and hazy, and no observations being possible by sun or stars,
he was forced by bad weather to bear up for this port. He is now
very confident that the rocks on which the wreck was sunk are on
this bank, and that all previous searchers have gone to the wrong
bank. His calculations, compared with other information, make
me entertain much fairer hopes than ever before of the venture.
As soon therefore as the weather breaks up, and Stanley can pro-
vide himself with an astrolabe to take an exact observation, I shall
send him off again and a sloop with him. He is so confident of
finding it, weather permitting, that he "told me he would forfeit
AMERICA AND WEST INDIES. 45
1685.
all the wages due to him (about 300Z.) if he did not. He would
have preferred the month of September, but as we hear of two other
vessels bound on the same design, one of them, with a Spaniard
aboard who was cast away in the wreck, it is necessary to lose no
time. We have the advantage of knowing the latitude certainly
better than any others. I am anxious to send him off at once also
because Smith and the pilot are so impatient that they may leave
us and apply to others. Stanley as he came in saw an interloper
in Port Morant, which had just landed her negroes, so he brought
her in with him.
Captain Mitchell, of the Ruby, writes that on the 19th April he
came up with Grammont, Laurens, Yankey, Banister, and Jacobs,
all great ships. He sent aboard Grammont to know why an
English ship was sailing under French colours, and demanded the
arrest of Banister for serving under a foreign commission, but they
all said that he had not entered the King of France's service,
so Captain Mitchell thought best not to insist further. I could
give Mitchell no particular instructions as to Banister. He was
acquitted of piracy here, and his stealing out of port was no more
than a debtor running away from his creditor, so that I could not
see how to justify an order to bring him in by force. His ship hav-
ing been sold to the French, and I do not know how to get her out
of their hands. Mitchell advises me that the French are making up
a fleet of twenty-two sail at the Isle of Pines for some design
which is kept very secret. He supposes to be against the galleons
which were to sail this month from Carthagena for Porto Bello,
but I rather suspect it may be against Carthagena itself as soon as
the galleons are gone, the place being weakened by detachments
from Lima and Panama. Michel, the privateer, is gone to the
South Cays of Cuba to take three Dutch ships that are trading
there. It will be an advantage to our graders fa have them dis-
couraged. Signed, Hder. Molesworth. Holograph. 8 pp. En-
closed. Reed. 1 Aug. [Col Papers, Vol. LV., No. 126, and Col.
Entry BL, Vol., XXXI., pp. 57-68.] Annexed,
193. i. (1.) Grant by the King of Spain to Don Baltasar
Coymans, of the Assiento, or patent right of importing
slaves to the Indies, in succession to the previous patentees
for said importation of negroes, J)on Juan Barroso and
Don Nicholas Porcio ; all for two years, employing a total
tonnage of three thousand tons, and under specified con-
tracts with and payments to the Administration. Dated
Madrid, March 25,* N.S. (2.) Order by the same, direct-
ing loyal assistance to be given to the same against Jews
or others for suppression of papers or frauds. Same
date. (3.) Similar -to (1), but dated March 5. (4.)
Similar to (2), ordering legal protection to Coymans
against any disturbance by Porcio. March 25, 1685.
(5.) Order signed by Andres de Ribera, Secretary to the
King, revoking and cancelling the previous rights
granted to Barroso and Porcio. Madrid, March 15, 1685.
Spanish. Printed, with signatures written, 13 pp*
[Col. Papers, Vol. LV., No. 126 I.]
46
COLONIAL PAPERS.
1685.
May 18. 194. Information of Eeuben Willis, George Franklyn, "William
Parker, and John Wilson. As to the arrest of themselves and Dr.
Heniy Woodward by warrant of Lord Cardross, in spite of their
commission from the Grand Council of Carolina. \_Col. Entry
BL, Vol. XXI., p. 137.]
May 20. 195. Certificate of Edwyn Stede. That the rumours that an
overture was made by Sir Richard Dutton, through Stede, to Sir
John Witham, offering to stand his friend if he should assign the
half salary to him, are untrue. Witnesses, Henry Walrond,
Stephen Gascoigne, William Walley. [Col. Entry BL, Vol.
VII,, pp. 371-372.]
May 21. 196. Edward Lloyd to William Blathwayt. Mr. William
Yaughan and Mr. Nathaniel Weare have to-day entered into bond
in 500Z. to prosecute their appeal effectually. 1 p. Endorsed.
{Col Papers, Vol. LV., No. 127.]
May 21. 197. Circular. Lord Rochester to the Governors of the
Plantations. Directing them to search for and seize any effects
belonging to James Holloway (see No. 179). [Col. Entry Bk. f
Vol. XCVII., p. 171.]
May 22.
Council
Chamber.
May 22.
Nevis.
May 22.
198. Lords of Trade and Plantations to the Deputy-Governor
of New Hampshire. We transmit a copy of William Vaughan'a
appeal (see No. 145) for communication to Robert Mason, and all
others concerned. The case will be tried on the first Tuesday
after Midsummer-day, 1686, when all parties will attend per-
sonally or by their agents. You will give liberty of access to all
records and for taking of depositions. Signed, Guilford, Rochester,
Halifax, Clarendon, Ormond, Sunderland. [Col. Entry Bk. t Vol.
LXVII., pp. 142-143.]
199. Deputy-Governor Burt to Lords of Trade and Plantations.
On receipt of your letter of 6 February I at once convened the
Council and Assembly, when your letter and the proclamation were
publicly read. The King was proclaimed by the field-marshal
at the head of both regiments on the following Thursday, amid the
acclamations of all. Signed, Wm. Burt. Holograph. 1^ pp.
Endorsed. Reed. 25 July 85. [Col. Papers, Vol. LV., No. 128,
and Col. Entry BL, Vol. XLVII., p. 190.]
200. Minutes of Council of Barbados. Order for issue of writs
for election of a new Assembly. The King's letter of 28 March
read. Orders given accordingly (see following abstracts). Order
that the King's proclamation be held sufficient to validate the
execution of their duty by judges and magistrates. The King's
order in Council appointing four new Councillors read. John
Hothersall sworn. Order for the Provost Marshal to give the
Governor a list of all the Justices that were in the Commission for
holding last Grand Sessions. [Col, Entry Bk., Vol, XI., pp.
592-596.]
AMERICA AND WEST INDIES. 47
1685.
May 22. 201. Extract from Minutes of Council of Barbados. Ordered,
in accordance with the King's letter of 28 March last (see No. 97),
that full liberty be given to Sir John Witham to take depositions.
Copy. Certified by Edwyn Stede. 1 p. [Col. Papers. Vol.
LV., No. 129.]
May 22. 202. Extract from Minutes of Council of Barbados. Ordered
that all legal proceedings against Sir John Witham be suspended.
Copy. 1 p. [Col. Papers, Vol. LV., No. 130.]
May 22. 203. Sir John Witham's bond in 12,0001. to prosecute his
appeal to the King and Council in England. Signed, William
Chester, Attorney-General. Copy, i p. [Col. Papers, Vol.
LV., No. 131.]
May 23. 204. Report of the Proclamation of King James II. by the
Philadelphia. President and Council of Pennsylvania. Signed, Tho. Lloyd,
President; Richard Iiigelo, Cler. Con. ^ p. Endorsed. Read
at Committee, 18 Aug. 85. [Col. Papers, Vol. LV., No. 132.]
May 28. 205. Attestation of Christopher Smith. That it was commonly
Somers reported at the Bahama Islands in April that Thomas Henley and
Islands. Christopher Goff had been proclaimed pirates at Jamaica. Scrap.
Endorsed. Reed. 17 July 85. [Col. Papers, Vol. LV., No. 133.]
June 2. 206. Minutes of a Council held at Charlestown, Carolina 1 . A
second warrant issued for the apprehension of Lord Cardross (see
No. 173) and others. The Marshal's return of the warrant. [Col.
Entry BL, Vol. XXI., p. 141.]
[June 2.] 207. Account of several sums of money, etc., seized as piratical
goods, and condemned to the King's use. Total, 8,576Z. 1 p.
Endorsed. June 2, 85. To be sent in a letter to Mr. Blathwayt
to consider and report to my Lord his opinion. The document
evidently emanates from Roger Elletson (see Nos. 67, 128, 159).
[Col. Papers, Vol. LV., No. 134.]
June 2. 208. Minutes of Council of Barbados. The Members of
Assembly were sworn in. Henry Quintiue and John Gribbes
sworn of the Council. Order as to the taking of depositions in the
matter of Sir John Witham. The Assembly presented Judge
Reid as their speaker. The Governor announced that he was
ordered to return to England.
June 3. Bill for impost on wines and liquors brought up by the Assembly,
read thrice and passed. The Assembly hoped to have the Militia
Bill ready to-morrow.
June 4. The Assembly brought up the Militia Bill, which was amended :
a small Bill for a present to Captain Jones, of H.M.S. Diamond ;
and a Bill to continue expiring Acts. Adjourned to 16th. [Col,
Entry Bk. } Vol. XI., pp. 599-601.]
48 COLONIAL PAPERS.
1685.
June 2.
209. Journal of Assembly of Barbados. List
John Codrington
Richard Barratt
St. Michael's.
William Forster
John Berringer
f St. Peter's.
John Farmer
John Davies
| St. Thomas.
John Leslie
John Bromley
f St. John's.
Robert Bishop
Richard Elliott
| Christchurch.
Michael Terrell
Samuel Lambert
} St. Lucy.
John Reid
Thomas Helmes
J- St. James.
Samuel Smith
William Fortescue
| St. Philip.
Abel Alleyne
John Mills
I St. Andrew.
Paul Lyte
Richard Salter
| St. George's.
John Waterman
Edward Binney
j- St. Joseph's.
John Reid chosen Speaker, and approved by the Governor. The
petition and appeal of Sir John Witham, with lihe Order in Council
thereon, read.
June 3. Act for an impost on liquors continued for eighteen months.
500Z. voted to Sir R. Button for his expenses in prosecuting the
commutation of the four and a half per cent, duty, and 50(M. to
Henry Walrond tp defray his expenses in going to England. Act
to prevent trading with negroes read and passed.
June 4. Militia Bill debated. Freemen billeted on other persons to
receive 1\d. per day. Bill passed. A present of 1001. to Captain
Jones carried. Bill to continue expiring Acts read and passed.
Adjourned to 16 June. [Col. Entry Bk., Vol. XIV., pp. 106-109.]
June 4. 210. Governor Cony to the Earl of Sunderland. I have
received your letter and my Commission and Instructions.
Pursuant to orders I have seized upon all the great guns for the
King's use. The small arms are still in the hands of the militia,
until they can provide some of their own, which I believe they will
not, having in part declared as much. The slaves which I had in
my possession at my first coming remain in my custody ; but as to
the Colony's slaves, born in private houses of their females, when
let out for a term of years, no one will part with them. These are
the positive words of the Council : " If the King will have them,
" let him proceed at law. They were born in our houses, and we
" will keep them." It is a custom here that when one man's
slaves marry with another's, the two masters. divide the children
AMERICA ANt) WEST INDIES. 49
1685.
among them. If this custom should extend to the Colony's slaves,
the Bermuda Company had in this way to the value of four or five
hundred pounds, if they could be discovered. As to the custom on
tobacco, they are so far from being willing to pay it that they
privately convey it in their own bottoms to other parts, New
England, Barbados, etc., pretending that from those ports it shall
be transported to England. If it must pay custom (say the people)
let it pay it there ; and the better to palliate the discovery, they
stow it in cask lined with fish. I have sent home one barrel dis-
covered by the searchers, for demonstration. In the long run none
of this reaches the Custom House in London or elsewhere, for it is
passed on to other ships in the night, and transported to divers
countries. Till I can call an Assembly I only desire them to bring
their vessels under my command, and make a due entry of what
they ship off or import in the Secretary's Office, that hereafter
custom may be paid, but they refuse to come under my command
to be searched, calling it an oppression to the subject. The few
that do come under my command lie off seven or eight leagues at
sea till the boats bring out the tobacco to them. This was a com-
mon fraud in the Company's time. By report these Islands make
annually four or five hundred thousand weight. As to the King's
lands, I have several times moved the Council to give me a
particular account of these lands, the present tenants' names, and
the pretences on which they held them, their due value, the per-
quisites of the Provost-Marshal and whence they arise, as well as
those of other officers, in order to know if their perquisites be
sufficient for their places. If they prove sufficient, the land
attached to their offices may be turned to some other account, such
as the defence of the country, which would revive it, for long
contentions have made it decline. Here is almost thirty sail of
trading vessels, and their owners are wealthy (though for the most
part contentious), yet they pretend poverty, thwarting the Govern-
ment, and enslaving the meaner sort of people, who would gladly
live under Government. Timber is wholly destroyed, what with
building vessels and selling them, with other sort of wooden ware,
to foreign parts. When I prohibit it, they cry out, " What ! are
' you sent hither to enslave us ? We are a free-born people ; our
' lands are our own, and we will do with our own what we please ;
' and if we do not like the King's Government, we can leave the
* Island and go and live elsewhere. The Company was a Company
' of rascals, and thought to have brought us under their command,
' but now we find we are in a way to be perfectly ruined and
' enslaved." This is their frequent discourse to me, for they
esteem all government, not of their own establishing, to be slavery,
and are now aiming to choose one Thomas Richards for their
Governor. About fourteen whales have been killed this year. I
have often asked the sheriff for an account of the oil, but without
result. The people here are so allied that they will not disturb
each other in any matter that concerns the King. A large whale
is worth SOZ., all expenses paid. You may judge by this how con-
siderable that royalty is. The people claim it as their property,
belonging to their purchased lands.
I am in great need of powder and round shot for the
1 D
50 COLONIAL PAPERS.
1685.
castle and forts. I have mounted eighteen great guns, which for
many years have been lying in dirt or under water, and the clear-
ing of them, with other contingencies, caused great expense of
powder, as also have frequent false alarms raised by the inhabi-
tants, without cause or without knowledge of the people that
actually raise them. I have presumed to send home Mr. Henry
Bysshe ; which is also his own desire. He has been a great
incendiary, and still is, notwithstanding the King's Commission.
If he remained here, it would be impossible to keep quiet. From
the first day of his landing he has made such disturbance that I
have not enjoyed two days of quiet since. With much ado I
kept him in prison for several months, yet he has been as frequently
resorted to by the discontented party as when at liberty. The
people have seized upon a small French vessel that came upon the
rocks, brought her into harbour, took away her goods, and would
not permit her to come under my command, but permitted her
seamen to range our channels. They disarmed the soldiers I
sent to bring her under my command, and lastly piloted her out to
sea, to steer what course she pleased. She left one Frenchman
ashore, whom I have sent home with Captain Phips in H.M.S.
Rose, to be examined by their Lordships. The poor man tells me
he is afraid to tell the truth for fear of injury from the inhabitants.
I have sent also the papers concerned. I suppose Captain Phips
expects to be paid for his passage. Captain Henley, a privateer,
lately arrived here in a Dutch ship, and, as is reported, landed
3,OOOZ. or 4,OOOZ. worth of Dutch goods. He was piloted in by one
Zachariah Burrows, but the country would not permit his ship to
come under my command. I laid hold of Henley, however, and
imprisoned him ; but the country forced me to set him at liberty.
My very Council and captains of militia, though all protesting
that they would bring him under my command, yet would not, nor
would the sheriff lay his broad arrow on the goods he landed that
account might be given to the King, in case the Dutch should
redemand them. Since then Henley is proclaimed pirate in
Jamaica, and one Goff, his companion, in New England. Henley
had his commission from Governor -Lilburne, of Providence : copy
enclosed. It is the intention of the people to make this island a
pirates' refuge. I expect two more pirates, by what Henley said,
and daily dread the capture or plunder of the country. The dis-
contented party at the King's Commission are old William
Righton, William Peniston, Richard Stafford, George Bascom,
Thomas Owterbridge, and Thomas Richards ; for all expected,
after the Company was dissolved, that the King would have left
them to their own election of governor and government.
Pursuant to instructions I have honoured the late mournful and
joyful occasion. By my last packet I received a letter addressed
to the " first clergyman in Bermuda." By the seal I judge it to be
from the Bishop of London. I also received a proclamation con-
cerning prayers for the Royal family, but none of the clergy will
receive it. Old William Righton said it belonged to him, for he
was the oldest teacher in Bermuda. The letter is still by me.
None of the King's affairs move forward here. Many articles I
suppose are sent home against me. The people continually quarrel
AMERICA AND WEST INDIES. 51
1685.
with me, and I am daily in danger of my life, yet I have never
wronged any man a farthing. Bribes I never took, though Henley
and the people offered me some hundreds of pounds. They are
offended with me because I stand to my duty and the King's
interest. They say they must and will be heard by the King, and
that he must do them justice. In this way time is consumed, and
nothing is done but railing at my commission and government.
Contrary to my Commission, those whom they please must sit at
Council with me, and this actually is the work of the Council them-
selves. They would impose unknown oaths on me ; they would
keep the forts without my commission and command the magazine.
I must not imprison without consent of my Council ; it is they that
are to govern, and myself that is to subscribe to their orders.
Truly, my lord, I am afraid that the country is betrayed. All
would like to live on public lands, but neither pay for them nor
do duty. There is much discontent among the clergy. Mr. Bond
remains still bound : his petition is enclosed. The clamour of the
country is that I have no power to govern but through the Duke
of York, a Papist. The forts they will keep until they know better
by what authority I command here. An address has been drawn
up to the King, but I durst not sign it. It relished more of a
petition, conditions and directions to the King, than an address.
I told them their error, and gave them some gazettes to direct them,
but all is slighted. What they intend to have I know not, but they
are guided by Mr. Bish, who tells Captain Phipps that he does well
not to meddle between the Governor and the country. They
designed to send me aboard Captain Phips for England, if he
would take me, on the following pretext, that seeing me in
danger and myself timorous, I should desert my commission, and
desire him to secure me from their fury. Signed, Richard Cony.
Holograph. Four very closely written pages. Endorsed. Reed.
26 July 85. [Col. Papers, Vol. LV., No. 135.]
June 4. 211. Governor Cony to Lords of Trade and Plantations. This
varies little from the foregoing. 4 closely written pages. Endorsed.
Reed. 26 June 85. [Col. Entry BL, Vol. XVII., pp. 148-180, and
Col. Papers, Vol. LV., No. 136.]
June 4. 212. Abstract of a letter from Colonel Cony. The King's
Commission was coldly received. Though confirmed by the present
King, the Council tell him that he is no more than a justice of the
peace, and that they will make him take what oaths they think
convenient. The Captains of two of the forts, without commis-
sions from him, say that they will keep them, yet do not duty there.
The Council say they have as much to do at the Council Board as
he. The Sheriff will not take notice of persons imprisoned by him.
The Secretary is ignorant. Tobacco is daily transported clan-
destinely. Timber is sold and carried off to foreigners. The
people will not supply arms and ammunition. The Council gives
no accounts of the Crown lands. The people wilfully break their
arms because they will not do duty. 1 p. Endorsed. Read 1
August. On same sheets,
Abstract of depositions transmitted by Colonel Cony 4 June
last. 4 pp. [Col. Papers, Vol. LV., No. 137.]
cr L D 2
52 COLONIAL PAPERS.
1685.
June 4. 213. A collection of enclosures sent with the three foregoing
despatches.
213. i. Attestation of John Harloe as to the forcibly seizure of
a French wreck on the rocks of Bermuda by Christopher
Burrows' men. Dated Jan. 15, 1684-5. \\ pp.
Endorsed. Reed. 17 July 85.
213. n. Attestations of Edmond White, Henry Hanner, and
John Tucker that they went on board the wreck with
Burrows, and brought off part of the cargo. Super-
scribed, Copy of tihe Governor's warrant for bringing in
the wrecked vessels. Dated 20 Jan. 1684-5. The
'whole. 2 pp.
213. in. Deposition of Richard Stafford. That he had heard
Henry Bysshe say many times that the resolutions of the
judges in the book called Dalton were not law. Dated
20 Jan. 84-5.
213. rv. Declaration of William Bell, that Samuel Trott had
advised him not to pay his rent Dated 23 January 1684.
Scrap. Endorsed.
213. v. Attestations of John Goodell, John Priestly, and
William Young. As to further trespasses of Burrows
and others on the wrecked French ship. 2 pp. Dated
6 February 84-5.
213. vi. Attestation of Christopher Burrows, that Bysshe
warned to him to leave town and escape arrest. Scrap.
Dated March 10, 1684-5.
213. vii. Petition of Henry Bysshe to the Governor of Bermuda,
for release from prison, upon the resolution of judges on
Statute I. Edw. VI., cap. 7. Dated 14 April 1685. 1 p.
Endorsed. Reed. 17 July 85.
213. vni. Copy of the resolution referred to in foregoing, that
all patents of judges and justices are determined by the
King's death. Law-French. Scrap.
213. ix. Resolution of the Council of Bermuda on Bysshe's
petition, that he shall be sent to England. Certified
copy. Dated 28 April 1685. Scrap. Endorsed.
213. x. Copies of Nos. vn., vin., and ix. 1 p. Endorsed.
Read 9 Sept. 85.
213. xi. Declaration of John Rongoe, a negro, as to clandestine
shipment of tobacco to New England. Dated May 22
1685. Scrap. Endorsed. Reed. 17 July 85.
AMERICA AND WEST INDIES.
53
1685.
213. xn. Address of Lieutenant William Jones, Captain
Brangman, and twelve others to Lords of Trade and
Plantations, testifying that the complaints against
Governor Cony are groundless, and that he has approved
himself a loval and faithful subject. Dated 1 June
1685. 1 p. "Endorsed. Eecd. 26 July 85.
213. xin. Petition of Sampson Bond, Minister to Governor
Cony. A long argument to prove that the bond into
which he had entered for good behaviour is void in law,
ending with a request that the bond be cancelled. 2
closely written pp. Endorsed. Reed. 26 July 85. [Col.
Papers, Vol. LV., Nos. 138 I.-XIIL]
[June 4?] 214. Petition of the inhabitants of Bermuda to Lords of Trade
and Plantations. There was much distraction caused in the
Island at the dissolution of the late Company. Our condition is
now worse, owing to the practices of persons unfriendly to kingly
Government. It is useless to ask the Governor to change hia
Council, for we know not whom to recommend to him. Most of the
present Council will not take the oaths of allegiance and
supremacy. The Governor has done no injury to any in the
Island, but has striven to do his duty ; but he is only one, and has
none to help him. We beg you to represent our condition to the
King. Signed, Francis Tucker, Samuel Brangman, William
Jones, John Britton. 2 pp. [Col. Papers, Vol. LV., No. 139.]
June 5.
Bermuda.
June 5.
Council
Chamber.
June 5.
June 6.
215. Governor Cony to Captain William Phips. Warrant to
transport Sarah Oxford to England, and deliver her to the custody
of the Earl of Sunderland as a principal abettor of Henry Bysshe.
P.S. Let no one know of this warrant till you are in the river as
high as Gravesend. Signed, Richd. Cony. 1 p. Endorsed.
Reed. 9 Sept. 85. [Col. Papers, Vol. LV., No. 140.]
216. Lords of Trade and Plantations to Lord Howard of Effing-
ham. Sarah Bland and Colonel St. Leger Codd have agreed to
submit their differences to arbitration (see No. 36). If the arbitra-
tion fail you will summon the parties before you and determine the
matter. Signed, Rochester, Halifax, P., Clarendon, C.P.S.,
Sunderland, Bridgewater, Craven, Ailesbury, Tho. Chicheley.
[Col. Entry Bk., Vol. LXXXII., pp. 325-327.]
217. The Secretary of Barbados to Lords of Trade and Planta-
tions. Sir Richard Uutton designs to embark for England on the
24th inst., when I shall give an account of the public papers and
orders that he leaves with me. Signed, Edwyn Stede. p.
Endorsed. {Col. Papers. Vol. LV., No. 141.]
218. Depositions of Francis Powell, master of the sloop Speed-
well. As to the capture of his sloop by a Spanish ship flying
English colours at the Cays. The Spaniards took the ship, and
sailed off towards Point Morant to land and rob some plantation.
A Frenchman, whom they met, told them to try that of Captain
54 COLONIAL PAPERS.
1685.
Davis. They returned to South Cays without doing mischief, but
were heard talking of a descent on another plantation.
Deposition of John Hill, of the Speedwell. Was forced to pilot
the Spaniards into a port of Jamaica. The Spaniards threatened
to come and attack Captain Davis's plantation again.
Deposition of Daniel Smith, confirming the above. Deponent
escaped by swimming, but one of his comrades was killed by the
Spaniards. Sworn on 6 June 1685. Copies. 8 pp. Endorsed.
Reed. 23 Sept. 85. [Col Papers, Vol. LV., No. 142.]
June 7. 219. Address of the General Court of New Plymouth to the
King. Regret at the death of the late King, who was gracious
to the Colony, congratulations on accession, and petition for a
Royal Charter, containing such rights, franchises, and privileges,
especially religious, as may be necessary for good governments.
Signed, Thos. Hinkley, Govr. Large sheet. Endorsed. Reed.
25 Sept. 1685. [Col Papers, Vol. LV., No. 143.]
June 8. 220. Governor Cranfield's Commission to Walter Barefoot to
be Deputy-Governor of New Hampshire. [Col Entry Bk., Vol.
LXVII., pp. 148-149.]
June 11. 221. Colonel William Digges to Lord Baltimore. King James
Maryland, the Second has been proclaimed with all possible ceremony and a
great deal of joy. Though our neighbours, having early informa-
tion, could shew their duty before us, yet I doubt not that we shall
be as ready to do our duty as they, notwithstanding fhe distinction
in the governments. Extract. Copy. 1 p. Endorsed. Read
1 August 1685. [Col Papers, Vol. LV., No. 144, and Col Entry
Bk., Vol. LII., pp. 94-96.]
June 11. 222. Journal of Lords of Trade and Plantations. Governor
Bradstreet's letter of 21 April read (see No. 137).
Sir Richard Dutton's letters of 24th and 29th March read (see
Nos. 88, 98). The Lords do not believe in his ignorance of their
orders as to receiving presents, and drew up a letter in answer
(see No. 245).
Petition of Diego Maget read (see next abstract) . Copy to be sent
to the Commissioners of Customs and to the African Company for
their observations. Petition of Sarah Harrison read (see No. 175).
Sir Philip Howard to be directed to enquire and report as to it,
by a clause in his instructions. Colonel Molesworth's letter of 15
March read (see No. 67). Memorandum of documents received.
[Col Entry BL, Vol. CVIII., pp. 148-155.]
[June 11.] 223. Petition of Diego Maget to the King. Is come from
Spain with a power from Balthazar Coymans to embark for
Jamaica and continue the negro-trade in that Island. Prays
benefit of the laws as extended to British subjects, and leave to
bring Spanish fruits there for the encouragement of the trade.
Signed, Diego Maget. 1 p. Endorsed. Reed, and Read 11 June
85, 20 June 85. [Col Papers, Vol. LV., No. 145, and Col. Entry
Bk., Vol XXXI., pp. 52-54.]
AMERICA AND WEST INDIES.
55
1685.
June 11.
224. William Blathwyat to Henry Guy. Forwarding fore-
going for report of Commissioners of 'Customs. [Col. Entry Bk. t
Vol. XXXI., p. 54.1
June 11. 225. William Blathwayt to Sir Benjamin Bathurst. For-
warding copy of petition of Diego Maget for opinion of the Royal
African Company. Memo. Si" Benjamin Bathurst and other
members of the Company were heard on 15 July, when the Lords
decided to instruct Sir Philip Howard on the subject. [Col. Entry
Bk., Vol. XXXI., pp. 56-57.]
June 12. 226. Sir Peter Colleton to William Blathwayt. I enclose the
examination of Robert Dangerfield, taken in Carolina, which will
give you a better idea of the proceedings of the pirates there seized
than any other. This confession was owned by two men now
prisoners in the Marshalsea in Southwark. Signed, P. Colleton.
Holograph. \ p. Endorsed. Annexed,
226. i. Examination of Robert Dangerfield. Recounting how
he was picked up with thirty-five more off Point Negril,
Jamaica, by a ship that professed to be on a trading
voyage, and went to Rattan, where the ship was placed
under orders of Laurens, the pirate. Thence they sailed
for Virginia and New England, thence to the Guinea
Coast (Gambia), and back to Carolina, where she was
wrecked. A long account of the places plundered and
the prizes taken. 4 closely written pp. [Col. Papers,
Vol. LV., Nos. 146, 146 i.]
June 12. 227. Commissioners of Customs to Lords of Trade and Planta-
tions. On the petition of Diego Maget (see No. 223) we know
nothing of the Assiento, ard would recommend constipation with
the Royal African. Company ; but as to the carryir^ of Spanish
fruits to Jamaica, it is prohibited by law to carry any European
foods to any of the plantations from any place but this kingdom,
except wines from Madeira and the Azores, and servants, horses,
and victuals from Scotland and Ireland, and we do not think that
the law ought so slightly to be violated. Signed, J. Buckworth,
N. Butler, W. Dickinson. 1 p. Endorsed. Read at Committee
15 July 85. [Col. Papers, Vol. LV., No. 147, and Col. Entry Bk.,
Vol. XXXI., p. 55.]
June 12.
Whitehall.
June 12.
Whitehall.
228. Order of the King in Council. Referring the petition of
Jacques Gonzales, for restitution of goods confiscated in virtue of
an Act of the Parliament of Toulouse, to Lords of Trade and Plan-
tations for report. Signed, John Nicholas. \ p. Endorsed. [Col.
Papers, Vol. LV., No. 148.]
229. Order of the King in Council. Referring the petition of
Samuel Beake and others, creditors of the late James Littleton,
merchant, to Lords ,of Trade and Plantations for report. Signed
John Nicholas, i p. Annexed,
56 COLONIAL PAPERS.
1685.
229. i. The petition referred to. James Littleton became insol-
vent in 1678, owing petitioners 6,000/. They took out a
statute against him, which cost them more than has
hitherto been recovered of the debt. Littleton has a
considerable estate in Jamaica. They pray the King's
directions to the Legislature to secure it for their use.
1^ pp. Copy. The whole endorsed. Read 20 June 85.
Memo. The case recommended to Sir P. Howard in his
instructions. [Col. Papers, Vol. LV., Nos. 149, 149 1.,
and (order only) Col. Entry Bk., Vol. XXXI., pp. 40-
41.]
June 12. 230. Minutes of Council of Virginia. Proposed to request the
King to appoint a seal to be kept by the Secretary, and other seals
for the Royal collectors. Ordered that the Assembly be sum-
moned for 1st October. Resolved that Colonel William Byrd and
Mr. Edmund Jenings be appointed Agents to negotiate the ratifica-
tion of the Indian treaty. Resolved to send Colonel Richard Lee
to demand George Talbot, lately escaped from custody in Virginia,
from the Government of Maryland. [Col. Entry Bk., Vol.
LXXXIV., pp. 213-214.]
June 15. 231. Commissioners of Customs to Lords of Trade and Planta-
Custom tions. We have considered a draft Act of Barbados to raise money
House, fo farm the four and a half per cent. duty. We cannot say
whether 6,OOOZ. is a valuable consideration to the King, nor shall
we be able to decide until we hear from our Commissioners. They
tell us that this year they doubt not that the duty will be worth
nine or ten thousand pounds. We would add that if the collection
of the duty be so long discontinued, it would not be brought under
management again without great difficulty and disadvantage.
Signed, Ch. Cheyne, N. Butler, W. ])ickinson, Jo. Werden, J.
Buckworth. 1 p. [Col. Papers, Vol. LV., No. 150, and Col.
Entry Bk., Vol. VII., p. 300.]
June 15. 232. Henry Quintyne to Sir John Witham I am not satisfied
with your warrant. I shall be at Council to-morrow, and will
acquaint the Governor with your desire, and will either send it to
you signed if approved, or acquaint you what is preferred. Holo-
graph, i p. \Col. Papers, Vol. LV., No. 151.]
June 15. 233. The Secretary of Barbados to Lords of Trade and Planta-
tions. Forwarding quarterly returns of proceedings of Council
and of Secretary's office. I shall keep an eye on my successor in
the Secretary's office during my administration of the Government
in Sir Richard Button's absence. Signed, Edwyn Stede.
1 p. Endorsed. Reed. 4 Aug. 85. [Col. Papers, Vol. LV., No.
152.]
June 17. 234. Minutes of Council of Barbados. John Hallett sworn of
the Council.
Several of the Council took the oaths. The Militia Act passed,
and an Act to continue expiring Acts. Sir John Witham's recog-
AMERICA AND WEST INDIES.
57
1685.
June 16.
June 17.
June 16.
June 17.
Barbados.
June 18.
June 18.
Virginia.
June 18.
Virginia.
nisance in 12,000?. delivered to the Governor. Order for payment
of 67Z. 85. Od. to Thomas Rawlins for work done on the forts, of
500J. given to Henry Walrond by the Assembly, of 4,000 Ibs. of
sugar to Thomas Walrond and Edward Archer for a negro
executed, and of 100Z. to Captain Jones given by the Assembly.
Order for Sir John Witham to have copies of records. The
Attorney General to examine the King's right to the plantation
asked for by Mary Ford. Bill to confirm the lease of Fontabelle
passed. 1121. 10s. Od. ordered to be paid to Richard Cartwright.
Address of loyalty to the King. Address to Sir Richard Button.
Adjourned to 23rd. [Col. Entry BL, Vol. XI., pp. 601-609.]
235. Journal of Assembly of Barbados. Lease of Fontabelle to
be continued for two years. Salary of Clerk of Assembly voted to
be 150Z. a year.
Addresses to the King and to Sir Richard Button carried. Act
touching arrests, and Act concerning Elections, and Act to confirm
the lease of Fontabelle read and passed. [Col. Entry BL, Vol.
XIV., pp. 109-113.]
236. Address of the Assembly of Barbados to the King. Loyal
sentiments and thanks for religious liberty. Signed by the
Speaker and twenty-one members. Copy. Broad sheet. En-
dorsed. Reed. 15 Aug. Inscribed. Reed. 15 Octo (sic). [Col.
Papers, Vol. LV., No. 153, and Col. Entry BL, Vol. VII., p. 338.]
237. Address of the Assembly of Barbados to Sir Richard
Button. Fulsome compliments for bringing Sir John Witham to
trial, and appointing Henry Walrond chief judge to try him.
Signed, Richard Cartwright, Clerk of Assembly. Broad sheet.
Endorsed. Reed. 15 Aug. 1685. {Col. Papers, Vol. LV., No.
154.]
238. Journal of Assembly of Nevis. Proposed by the Governor
to the Council and Assembly that as there are but eight of the
twenty barrels of powder contracted for, the twenty be completed,
and the remaining thirty sent for from England or bought here.
Answer of the Assembly. Since Mr. Helmes refuses to abide by
his contract, we consent that Mr. Thomas Rose supply thirty
barrels of powder at 1,000 Ibs. of sugar per barrel. [Col. Popers,
Vol. LV., No. 40.]
239. Nicholas Spencer to William Blathwayt. I have sent the
transactions of Council. The Governor and Council hope that the
King may take the Northern Neck from Lord Culpeper and appro-
priate the rents and escheats to the benefit of the country. It
would certainly unite the Government, free the people from fears
of separation, and lessen the cost of administration. You will
have heard of ^George Talbot's escape and the unneighbourly usage
of Maryland. {Cot. Entry BL, Vol. LXXXII., pp. 331-332.]
240. The Secretary of Virginia to Lords of Trade and Planta-
tions. Forwarding proceedings of Council and Secretary's Office.
Signed, Nicho. Spencer. \ p. Endorsed. Reed. 3 Aug. 85.
Read same day. [Col. Papers, Vol. LV., No. 155, and Col. Entry
Bk., Vol. LXXXII., p. 330.]
58 COLONIAL PAPERS.
1685.
June 18. 241. The same to the Earl of Sunderland. All is quiet here,
and, so far as Indian faith can be trusted, we shall be at peace with
the Indians. An Agent is now going to Albany to ratify the treaty
made last year, and though it will be very expensive, if a lasting
peace ensue, it will be of great comfort to the inhabitants. Lord
Howard has been extremely ill, and though now recovering is still
unable to write. He therefore begs me to ask you to further the
Address sent herewith to the King. Signed, Nicho. Spencer.
1|- pp. Holograph. Enclosed) .
241. i. Address of loyalty and congratulation to King James
II. from the Council of Virginia. Signed, Effingham,
Nathaniel Bacon, Rich. Lee, Jno. Lear, Win. Byrd,
Nicho. Spencer, Jos. Bridger, Phil. Ludwell, William
Cole, John Page. Broad sheet.
241. ii. Duplicate of foregoing. 1 p. Endorsed. Read 30
June 1685. [Col Papers, Vol. LV., Nos., 156, 156 i.,
ii., and Col. Entry Bit. (address only], Vol. LXXXII.,
pp. 329-330.]
June 18. 242. Summons of the witnesses required by Sir John Witham
Barbados, to give evidence on his behalf to appear before the judge on 24
June. Signed, Henry Quintyne. Names of the witnesses, twenty
in all. 1 p. [Col. Papers, Vol. LV., No. 157.]
June 19. 243. A similar summons, signed as the foregoing; some of the
names identical with foregoing. 1 p. [Col. Papers, Vol. LV.,
No. 158.]
June .20. 244. A similar summons to witnesses to appear on 27 June.
Signed, John Hallett. 1 p. [Col. Papers, Vol. LV., No. 159.]
June 20. 245. Lords of Trade and Plantations to Sir Richard Button.
Whitehall. We have received yours of 27 March (see No. 98), on which the
King bids us repeat to you his former orders (see No. 97). You
tell us that the King's instructions of 15 December, concerning the
disposal of money, never came to your hands, and that you had
received 1,000/. before that letter came to you. Our Journals shew
that on 13 January 1682, a packet containing this instruction was
sent to you by hand of Mr. William Dyre, who on 20 March follow-
ing wrote to us that he had delivered it to you. Nor can we
believe that you could be ignorant of this particular, which is
generally known in Barbados, even to those who penned the Act,
as by its expressions does appear. The King has therefore repeated
his former order that the 1,OOOZ. remain in the Treasurer's hands
till further orders. [Col. Entry Book, Vol. VII., pp. 298-299.]
June 20. 246. Journal of Lords of Trade and Plantations. Circular letter
as to the additional duty on sugar and tobacco approved. It was
thought expedient to add true particulars of the rebellion of the
Earl of Argyle and the Dnke of Monmouth (see No. 253),
AMERICA AND WEST INDIES. 59
1685.
Report of the Commissioner of Customs on the petition of Diego
Maget read (see No. 227), and on the Barbados Act for larming
the four and a half per cent, duty (see No. 231). Resolved to
recommend the repeal of the Act. Draft letter to Sir Richard
Dutton approved (see No. 245) .
Petition of Samuel Beake read (see No. 229). Agreed to order
Sir P. Howard to pass an Act for relief of petitioners and other
creditors of bankrupts possessing estates in Jamaica.
Memorandum of letters received and despatched. [Col. Entry
Bk., Vol. CVIII., pp. 155-161.]
June 23. 247. Minutes of Council of Barbados. On the motion of Henry
Walrond, Commissioners were appointed to take depositions on
behalf of all parties in Sir John Witham's appeal. [Col. Entry
Bk., Vol. XL, pp. 610-612.]
June 23. 248. Extract from Minutes of Council of Barbados. On the
motion of Henry Walrond, the following were appointed Com-
missioners to secure evidence tendered to them by Henry "Walrond
and Sir John Witham; Stephen Gascoigne, John Hallett, Henry
Quintyne, John Hothersall, John Gibbes, William Chester, and
William Walley. Copy certified by Edwyn Stede. 2 pp. [Col.
Papers, Vol. LV., No. 160.]
June 23. 249. Warrant of Sir Timothy Thornhill for John Shaw to be
Barbados, taken into custody and brought before him to give evidence. Copy.
Scrap. [Col. Papers, Vol. LV., No. 161.]
June 23. 250. Warrant of the Lords Proprietors of Carolina for the grant
of 100 acres of land to Nicholas Languemar. Signed, Craven, P.
Colleton, Tho. Amy. [Col. Entry BL, Vol. XXII., p. 61.]
June 24. 251. Instructions from Lieutenant-Governor Molesworth to
Captain Stanley, of the ship Bonito. To cruise towards Point
Negril and search for piratical craft, especially Spaniards. 1 pp.
Copy. Endorsed. Reed. 23 Sept. 85. [Col. Papers, Vol. LV.,
No. 162.]
June 25. 252. Minutes of Council of Jamaica. Captain Penhallow's
accounts as Receiver-General. Order for divers payments, and for
appointment of auditors for the accounts of the Admiralty.
Adjourned sine die. [Col Entry BL, Vol. XXXVI., pp. 85-87.]
June 26. 253. Circular. The King to the Governors of the Plantations.
Whitehall. Parliament has granted us an aid for the maintenance and repair
of the Navy to be raised upon all imported sugar and tobacco,
according to the rates set forth in the enclosed Act. The imposi-
tion being laid not on the planter or merchant but on the retailer,
" consumptioner," or storekeeper, we are assured that it will not be
burthensome but rather advantageous to your Government. We
likewise think fit to acquaint you that Scotland has been disturbed
by the rebellion of the late Earl of Argyle, who is now awaiting his
execution in Edinburgh Castle. The late Duke of Monmouth ha*
60 COLONIAL PAPERS.
1685.
also landed in the west, and has given disquiet in these parts. A
sufficient number of our standing forces are in pursuit, and we are
expecting to hear of the total defeat of the traitor. Having ordered
a new levy of horse, foot, and dragoons we doubt not of success. All
this we tell you lest false reports should be spread by tHe malicious.
[Co/. Entry BL, Vol. XCVII., pp. 145-148.]
The same letter to Lieutenant-Governor Molesworth. [Col.
Entry BL, Vol. XXXI., pp. 80-83.]
June 26. The same letter to Sir William Stapleton. [Col. Entry Bk,,
Vol. XLVII., pp. 185-187.]
June 26. The same letter to Lord Baltimore. [Col. Entry Bk., Vol.
LII., pp. 96-99.]
The same letter to the Governor of New Plymouth. [Col.
Entry BL, Vol. LXI., pp. 239-240.]
The same letter to Lord Craven, Palatine of Carolina. [Col.
Entry BL, Vol. XXII., pp. 61-62.]
The same letter to Barbados. [Col. Entry BL, Vol. VII., pp.
308-309.]
June 26. 254. Deposition of David Ramsay, iihat he delivered Henry
Baxbados. Quintyne's summons for witnesses to Sir John Witham's servant.
S worn before the Commissioners (see No. 247). i p. [Col. Papers,
Vol. LV., No. 163.]
June 26. 255. Deposition of iWilliam Segal, that he received the sum-
mons above-mentioned, and that the witnesses attended. Sworn
as the preceding. 1 p. [Col. Papers, Vol. LV., No. 164.]
June 26. 256. Deposition of Ralph Lane. That being engaged in a suit
to defend his title to some land, he was much reviled and threatened
by Sir Richard Dutton, for no reason that he knows of except to
deter him from giving his evidence as a material witness in Sir
John Witham's favour. Sworn as the preceding. 1 p. [Col.
Papers, Vol. LV., No. 165.]
June 27. 257. The Clerk of Assembly of Nevis to Lords of Trade and
Plantations. Forwarding transactions of the Assembly from Feb-
ruary 28 to June 18th. Signed, Tho. Thorne. [Col. Papers, Vol.
XLV., No. 40, and Col. Entry BL, Vol. XLVII., p. 195.]
[June 28.] 258. Extract from the Minutes of Council at Petit Guavos of
November 12-22 1684. The sentence of condemnation against the
sloop James. French. 1^ pp. Endorsed. Reed. 28 June 1685.
[Col. Papers, Vol. LV., No. 166.]
[June 28.] 259. Petition of the seamen captured in the above sloop, to
Lieutenant-Governor Molesworth, for redress for the false condem-
nation of the vessel and inhuman treatment by their captor,
Yankey. 1 p. Endorsed. Reed. 28 June 1685. [Col. Papers,
Vol. LV., No. 167.]
AMERICA AND WEST INDIES.
61
1685.
June 29. 260. Henry Walrond to John Hallett. I am so ill that I dare
not stir from my chamber. Please let some one come and take my
oath. Scrap. [Col. Papers, Vol. LV., No. 168.]
June 30.
Ehzatown,
East New
Jersey.
261. William Dyre to the Commissioners of Customs. I seized
a ship on the 22nd inst. for trading without producing certificate
or making entry. The captain, a Jersey man, after publicly rail-
ing at me and strangely contemning the Customs, came to James
Emott, a libeller lately made the Quakers' deputy-secretary, who
drew him a pass and carried it to the Governor, who signed it. The
ship then set sail, but I pursued her, and seized her and prosecuted
her in Court. The case was clear from the lading of the vessel that
she had violated the Acts of Trade ; but the jury (who had bought
many of the goods) found for the defendant, and the Court signed
a long bill of costs against me. I refused to pay it, whereupon
Emott drew up an execution, and the judge of the Court (made so for
this purpose and only cause) signed it and took me into custody.
They carried off my horse for 3Z., and I am still prisoner for the
rest. I can get no redress nor copy of the proceedings, but I shall
give you a report if I escape with my life, which is daily threatened.
It is useless to complain to the Governor, as it means only the
danger of insufferable displeasure. Copy. \\ pp. [Col. Papers,
Vol. LV., No. 169.]
[June ?] 262. Deposition of Captain William Phips, R.N. When
Governor Cony announced his power to choose a Council, many of
the Council said that they had as much power as he, and would not
submit to the King's Commission. This was by the advice of Henry
Bysshe, who was imprisoned for conspiracy to seize the Govern-
ment and Governor. It was reported in the Island that the people
intended to set up a free Government and take to piracy. Bysshe
carried on a Council to obstruct the Government while in prison.
Anthony White was also suspected of a design to overthrow the
Government. Owing to Bysshe's preaching that it was treason to
repair the fortifications, the Governor could not find men to put the
Island in a state of defence, so that the Island lay open to the
enemy. While Phips was in the Island, two months, he never saw
the Governor in drink nor inclined thereto; would judge him a
person well qualified for his place. 3 pp. [Col. Papers, Vol. LV.,
No. 1TQ.]
July 1. 263. Interrogatories of Sir John WBham to John Reid and his
Barbados, answers thereto, to the effect that Witham was too weak and ill
to appear at Sessions at his trial at the end of 1684, and that Sir
Richard Button, on being informed thereof, said only, " Let him
and his securities look to that." Sworn 'before the Commissioners.
Copy. 2i pp. [Col. Papers, Vol. LVI., No. 1.]
July 1. 264. Deposition of Ralph Lane in answer to Sir John Witham.
Barbados. (1.) That Sir John Witham agreed to take a negro from Mary
Gough in payment of a 'debt. (2.) That he gave this evidence,
supported by another witness, at Sir John Witham's trial, when
Judge Henry Walrond said that if there were a hundred witnesses
62
COLONIAL PAPERS.
1685.
against the King's evidence they were not to be taken notice of.
(3.) That he has never heard a good word of Mary Gough, but
knows only that she swore that she had given a negro to Sir John
as a bribe, which she had really paid him as a debt. Sworn before
the Commissioners. 3 pp. [Col. Papers, Vol. LVI., No. 2.]
July 3. 265. Minutes of Council of Barbados. The Commissioners for
taking depositions presented their report. On the motion of Henry
Walrond, the time for taking depositions was extended. The Com-
mittee of public accounts presented their report concerning Richard
Bate. Order for payment of 4221. to him, and of 156Z. to Edmund
Clipsham for work on the fortifications. Richard Bate to assign
to the Treasurer 5,837 Ibs. of sugar due to him from Mr. William
Boleman. [Col. Entry BL, Vol. XI., pp. 612-614.]
July 3.
Barbados.
July 4.
Boston.
July 6.
Whitehall.
July 6.
Jamaica.
266. Extract from Minutes of Council of Barbados. The motion
of Henry Walrond for extending the time for taking evidence in
Sir John Witham's affair. Copy, certified by Edwyn Stede. 1 p.
[Col. Papers, Vol. LVI., No. 3.]
267. Laurent van den Bosck to the Bishop of London. Your
Lordship will remember that I had the happiness to receive Ordina-
tion from you as a minister in Carolina, where I remained two
years. While there I wrote to you. My first letter told you of my
miserable condition in Carolina, my second shewed the impossi-
bility of my remaining there, since the French could not contri-
bute to my subsistence, the third informed you of my arrival at
Boston. This fourth will inform you of the outrages done me by
the independents of Boston, and which I still endure daily because
I am a Minister of the Church of England, and uphold its interests
and liturgy. Because I married two Anglicans and baptised others
who desired to be members of that Church they have done me every
imaginable outrage short of prison, the lash, and banishment, with
which they have threatened me. Mr. Mather and Mr. Moody are
the cause of these disorders, but I have never given way to them.
Still, being alone against so many, and perpetually threatened, I
beg your protection. Could I preach in English I should un-
doubtedly make good progress with the Anglican Church here, but
being able only to preach in French I try to gather a French con-
gregation, though I see little prospect of success, owing to the small
number of French inhabitants. I shall not return to London until
driven to the last extremity. Holograph. 1 pp. French. En-
dorsed. [Col. Papers, Vol. LVI., No. 4.]
268. Lords Proprietors of Carolina to Governor Joseph West.
An abstract of the King's circular of 26 June (see No. 253). Signed,
Tho. Amy, P. Colleton. [Col. Entry BL, Vol. XXII., p. 62.]
269. Lieutenant-Governor Molesworth to William Blathwayt.
We have no certain news of affairs in the South Seas, but we con-
clude they go ill for, the Spaniard. Four sloops sent by the factors
for advice as to the Assiento have not returned, being probably de-
tained lest they should bring news of the success of the privateers.
AMERICA AND WEST INDIES.
63
1685.
Certainly there are so many reports of that success that all people
of uncertain fortunes are strangely tempted to join them. Luckily
we re-took and brought back two boats that ran away from Port
Royal, but others have got clear away from other ports. The
Spaniards have treated our fishermen in the South Seas very ill,
taking sloops and maltreating the people. They took one sloop,
designing, under English colours, to surprise the negroes and person
of Captain Davis, on the north side of the Island, but being met
by the canoes of the French privateer Michel, they sailed into a
creek till the coast was clear and then left for Cuba. Our people,
who were acting under compulsion as pilots, by preconcerted signal
ran the sloop ashore, and all leaped overboard at the same time.
They are since returned, and report that the Spaniards threaten to
make a second attempt. One or two men, who missed the signal to
leap overboard, they believe to have been killed by the Spaniards
(see No. 218). The north side of the Island was so much alarmed
that I ordered Captain Stanley to cruise there until the time when
he is to seek for the wrecks. I had hired a sloop, manned by
his men, to go with him. She is with him now, and will be very
useful. Copy of his instructions is enclosed (see No. 251). We
hear that Captain Chandler, a trader, has been cut off near Trinidad
or Cuba. Five periagos silently surrounded the vessel, killed the
captain as he came out of the cabin, and easily became masters of
the ship. One man jumped overboard and escaped by swimming,
who says that all the rest were put to the sword, but how he knows
it 1 cannot apprehend. I hope that Sir Philip Howard comes out
fully instructed as to these affairs, for I do not know whether I did
well or ill before in sending vessels to clear these coasts of pirates.
But whatever my inclination, I could give no orders for want of a
new commission, and was obliged to tell the people so, who pressed
me to do it again. The inconvenience for want of this commission is
great. The Judges refuse to sit, the gaols are crowded, and the
Marshal complains much of the expense and difficulty of securing
the criminals. Pray let me know when I may expect Sir Philip
Howard. The French fleet is supposed to have designs on Vera
Cruz. The trade of Europe will suffer if the pirates in the South
Seas be not speedily suppressed. Signed, Hender Molesworth.
Read to the King Sept. 27, '85. [Col. Entry BL, Vol. XXXI., pp.
71-77.]
July 6.
Barbados.
270. Order of the Commissioners for taking evidence in Sir
John Witham's case for the better compilation of the depositions.
Signed, Henry Quintyne, John Hothersall, John Gibbes, Hen. St.
John, Wm. Walley. 1 p. Endorsed. Reed. 9 Sept. 85. [Col.
Papers, Vol. LVL, No. 5.]
July 7.
Barbados.
271. The Clerk of Assembly of Barbados to William Blathwayt.
Forwarding proceedings of the Assembly. I shall want some of
your ruled paper, which we cannot get in this country. Signed, Ri.
Cartwright. % p. Endorsed. Reed. 1 Oct. 85. [Col. Papers,
Vol. LVL, No. 0, and Col. Entry BL, Vol. VII., p. 303.]
COLONIAL PAPERS.
1685.
July 10. 272. Governor Cranfield to Lords of Trade and Plantations. I
Barbados, left New Hampshire on the 9th of June, and arrived here on the
7th of July, having appointed Captain Barefoot my deputy in my
absence. I should have taken advantage of your leave to come
here last winter had not all the shipping left for the West Indies
before the permission reached me. Signed, Edw. Cranfield. \ p.
Endorsed. Eecd. 1 Oct. 85. [Col. Papers, Vol. LVI., No. 7, and
Col. Entry Bk., Vol. LXVII., p. 147.]
July 10. 273. Order of the King in Council. Report of Lords of Trade
Whitehall. an( J Plantations. We have consulted the Commissioners of Cus-
toms as to the Act of Barbados for commutation of the four and a
half per cent, duty, and in consequence of their representations
(see No. 231), we advise that the Act be disallowed. Dated 20 June
1685. Ordered accordingly. Signed, Wm. Bridgeman. [Col.
Entry Bk., Vol. VII., pp. 301-302.]
July 13. 274. The Deputy-Governor and Council of Barbados to Lords of
Barbados. Trade and Plantations. Forwarding quarterly returns of the
transactions of the Council and of imports. Signed, Edwyn Stede,
John Peers, Tho. Walrond, Robert Davers, Tim. Thornhill. 1 p.
Endorsed. Read 17 Oct. 1685. [Col. Papers, Vol. LVI., No. 8,
and Col. Entry Bk., Vol. VII., p. 303.]
July 13. 275. Minuses of Council of Barbados. Order for payment of
40/. to John Whetstone for his attendance on the Commissioners
for taking depositions. The Commissioners made a second report.
Council adjourned to house of Mr. Stede, who took the oaths and
signed the test. Sir Richard Dutton delivered his Commission,
Instructions, and other public papers to Mr. Stede, and desired a
caveat to be entered touching the land which was to be granted to
Mary Ford, " His Excellency in a passion " telling Mr. Stede that
he believed he wished to have the granting of it for himself. [Col.
Entry Bk., Vol. XI., pp. 615-618.]
July 15. 276. Journal of Lords of Trade and Plantations. The letter of
the Mayor of New York read (see No. 186). The Lords agreed in
their report (see No. 283).
Mr. Randolph presented his articles against Rhode Island and
Connecticut (see No. 279). Agreed to recommend the reference of
these articles to the Attorney-General.
The members of the African Company attended, on the petition
of Diego Maget. Sir Philip Howard to be instructed to favour
the petition so far as he legally can. ColoDel Molesworth's letters
of 24 March and 13 April read (see Nos. 85, 123), Lord Howard of
Effingham's of 13 May (see No. 188), and Sir Richard Dutton's of
29 April (see No. 161).
Richard Wharton's petition for a grant of Pojebscot read.
Petitioners ordered to prepare other heads of a grant for the same.
Petition of William Vaughan read (see No. 280). The matter
referred to Lord Sunderland. Mr. Cranfield's letter of 6 February
read. Memorandum of letters despatched and received. [Col.
Entry Bk., Vol. CVIII., pp. 162-109.]
AMERICA AND WEST INDIES. 65
1685.
[July 15.] 277. Abstract of a Royal grant and confirmation of lands at
Pojepscot, New England. A draft drawn up by Richard Wharton,
embodying the gist of his previous proposals (see Nos. 155, 169). 2
pp. Endorsed. Read at Committee 15 July 1685. [Col. Papers.
Vol. LVI., No. 9.]
[July 15.] 278. Address of the Proprietors and inhabitants of the Narra-
gansett Country to the King. Congratulations, and information
that, in spite of adverse circumstances, the proclamation of his
accession was made with all possible solemnity. Signed, S. Brad-
street, J. Winthrop, Richard Smith, and seven more " on behalf of
many others." 1 p. Endorsed. Reed. 15 July 1685. [Col.
Papers, Vol. LVI., No. 10.]
[July 15.] 279. Petition of Edward Randolph to Lords of Trade and Plan-
tations. I have drawn up several articles, pursuant to orders, im-
peaching the Colonies of Rhode Island and Connecticut. I beg that
the writs of Quo Warranto may be issued without delay, that the
charters may be vacated, and the Colonies united under the King's
Government. Signed, Ed. Randolph. Endorsed. Read July 15
1 685. Annexed,
279. i. Articles of high misdemeanour exhibited against Rhode
Island. (1.) They raise large sums on the inhabitants by
fines, taxes, and arbitrary imprisonment, contrary to law,
and deny appeals to the King. (2.) They make laws con-
trary to the laws of England. (3.) They deny the King's
subjects the benefit of the laws of England. (4.) They
keep no authentic copies of their laws, and suffer no in-
habitant to take copies of them. (5.) They rase and cancel
their laws without consent of the General Assembly. (6.)
Their Governors and other officers, as well as juries and
witnesses, are under no legal oaths. (7.) They violate the
Acts of Trade and Navigation, and have taken from Francis
Brinley the late King's commission to administer an oath
to the Governor for the execution of these Acts. 1 p.
Endorsed.
279. n. Articles of high misdemeanour against the Governor and
Company of Connecticut. (1.) They make laws contrary
to the laws of England. (2.) They impose fines on the in-
habitants, and convert them to their own use. (3.) They
enforce oaths of fidelity on the inhabitants, without ad-
ministering the oaths of allegiance and supremacy. (4.)
They deny the inhabitants the exercise of the Anglican
religion, arbitrarily fining those who refuse to come to
their congregational assemblies. (5.) Subjects of other
Colonies cannot obtain justice in the Courts of Connecticut.
(6.) They discourage and exclude from the Government
all gentlemen of known loyalty. Proofs of the charges
extracted from the law-books. Two long slips. [Col.
Papers, Vol. LVI., Nos. 11, 11 I. n., and (enclosures only)
Col. Entry BL, Vol. LXI., pp. 241-246.]
1 E
66 COLONIAL PAPERS.
1685.
[July 15.] 280. Memo. William Vaughan and others, merchants, of New
Hampshire, petitioned the King, complaining that though they had
licences, on paying the usual duties, to fish on the coast of Nova
Scotia, their fishing vessels had been seized there and carried to
France, to the loss of over 7,000/. to petitioners. The Lords on 15
July 1685 ordered the petition and depositions to be delivered to
Lord Sunderland. [Col. Entry Bk., Vol. LXVII., p. 149.]
[16 July?] 281. Lord Baltimore's answer to the letter of Nehemiah Blakis-
ton (see No. 136). It is clear from the letter of the Governor of
Virginia to the deputies of Maryland that George Talbot's escape
from prison was due to the corruption of the guard, and not to any
practices by anyone in Maryland. As soon as the deputies received
notice, they took special care for Talbot's apprehension. Talbot was
never publicly seen at his own plantation, but kept himself out in
the mountains to the northward till at last he resolved to surrender
to the deputies of Maryland, where he is now under a strong guard.
Lord Baltimore is very confident that Blakiston's complaints of ob-
struction in the execution of his duty are groundless, since his lord-
ship has long since ordered that masters of ships should apply to the
King's Collector as well as to his own. This was so while Eousby
was living, as several masters can avouch. After the murder of
Rousby, the Deputies of Maryland did presume to appoint William
Digges and Nicholas Sewall to be Collectors of the King's dues, until
some successor could be appointed by the Commissioners of Cus-
toms ; and this they conceived to be their duty in care for the King's
revenue. Lord Baltimore cannot believe that Blakiston has been
served with warrants and the like, and begs enquiry from those who
have lately returned from Maryland. Perhaps Blakiston was
arrested at the suit of one of his many creditors. Colonel William
Digges is known to be a man of so much loyalty that he could not be
capable of such things as Blakiston alleges of him. It would be
well if Blakiston's loyalty were as sure. Nobody who knows Mary-
land can believe that the King's revenue suffers loss of> several
thousands annually. Mr. Rousby, who understood things as well
as any man, rarely received more than a hundred pounds in any
one year. It is strange therefore that Blakiston should have been
the first to discover this loss. But Blakiston carefully says that he
expects little tobacco this year, and accounts for this by saying that'
Lord Baltimore's officers threaten the masters of ships. But Lord
Baltimore can prove that Blakiston has received several thousands
of tobacco and paid it away to his creditors. He has therefore no
other way of making up his accounts with the King this year than
by pretending great obstruction from Lord Baltimore's officers.
Blakiston's statements about Sewall are as untrue as the rest. He
would not help Sewall to seize the Irish vessels, so Sewall was
forced to proceed without him. This done, Blakiston sent Captain
Allen to seize the vessel, and was disappointed to find the other
officers still on board. The officers can defend themselves against
Blakiston's statements, and Lord Baltimore begs that Blakiston may
be forced to prosecute his charges. Signed, C. Baltemore. Copy.
6 pp. [Col. Papers, Vol. LVL, No. 12.]
AMERICA AND WEST INDIES.
67
1685.
July 17. 282. Order of the King in Council. That, as recommended by
Whitehall, the Lords of Trade and Plantations, the articles drawn up by Edward
Eandolph against Rhode Island and Connecticut be referred to the
Attorney-General, who will issue writs of Quo Warranto against both
Colonies (see No. 279). [Col. Entry BL, Vol. LXI., p. 246.]
July 17. 283. Order of the King in Council. Report of Lords of Trade
and Plantations. On the letter of the Mayor of New York (see No.
186), we recommend that the Attorney- General consider the several
grants and proprieties of New Jersey and Delaware and enter writs
of Quo Warranto against the proprietors, it being to the great and
growing prejudice of the Plantations that such Governments be
maintained without a nearer dependence on Your Majesty. Signed,
Halifax, Rochester, Clarendon, Ormond, Beaufort. Ordered
accordingly. [Col. Entry BL, Vol. LII., pp. 102-103.]
July 17. 284. Order of the King in Council. That a copy of Lord
Whitehall. Baltimore's reply to the charges against his officers be sent to the
Commissioners of Customs, and that they, together with Lord
Baltimore, attend the King on the 24th inst. Signed, W. Bridge-
man. Copy. % p. Endorsed. {Col. Papers, Vol. LVI., No.
13.]
July 17. 285. Minutes of Council of Barbados. The Lieutenant-
Governor produced his Commission, and the members of Council
were sworn. Proclamation for continuing commissions granted
by Sir Richard Dutton. The Council desired the Lieutenant-
Governor to regulate the practice, permitted by Sir R. Dutton, of
judges acting as counsel in every court but their own. John Whet-
stone sworn in as Secretary. The Provost-Marshal took the oaths
and signed the test. Adjourned to 4 August. [Col. Entry BL,
Vol. XI., pp. 619-625.]
July 17.
Stuart's-
town.
286. Lord Cardross to Robert Quarry. I have heard of the reso-
lutions of the Grand Committee respecting myself, and find that
the Council continue still in the apprehension that I have committed
some high misdemeanour, and look upon my not appearing as a great
contempt of their authority. I do not look upon myself as an
English lawyer, and therefore shall not be positive in every notion
I have taken of it, but, my frequent converse in England with skilled
lawyers made me think that the first paper that came from the
Council in the nature of a warrant, and the way that it was com-
municated to me, was not legal in matter of procedure, and I found
it proceeded on such a. mistake that I concluded that on
the least information the Council would turn the chace
and notice what Dr. Woodward had done ; whereby no
doubt I should have been vindicated, and it would have
appeared that my causing the apprehension of Dr. Wood-
ward in such circumstances was no usurpation of magis-
tracy, but a clear vindication of the authority of the Grand Council
at Charlestown. When Mr. Griffith came last I was ill, as I still
am, of fever and ague, and so could not answer them, nor can I hope
to be fit to attend the meeting in August. As soon as my health
permits I am fully resolved to wait on you, when I do not doubt
E 2
COLONIAL PAPERS.
1685.
July 17.
Stuart's-
town.
July 18.
Barbados.
that I shall satisfy you that I desire to uphold your authority. A
petition -signed by me and others several days ago will show you
how much we desire to be part of the Government and subject to it.
I never was nor wished be hostile to it, and I hope that this reply
will satisfy you and the other gentlemen of the Grand Council so
far that you will not trouble yourselves again to send for one who
is very willing to come at the first opportunity. [Col. Entry Bk.,
Vol. XXI., p. 135.]
287. William Dunlop to Governor Robert Quarry. My con-
gratulations on your promotion to be Governor. Lord Cardross has
written a letter which he hopes will satisfy the Council. He is fully
resolved to come down. I freely confess that I was astonished to
hear that the Council had ordered a party to bring him down, sick
or well ; I think that the King and Council of England could allow
him to recover his health first, whatever the exigence. We have
signed an address to the Palatine's Court, wherein among other
things we desire magistrates from you for this country, which are
very necessary for us. There are a number of rascal fellows come
here to the neighbouring Islands, who are not entertained by us,
and certainly design to run away out) of the Province. I give this
information to shew here how we desire to be under your Govern-
ment. Signed, Will. Dunlop. [Col Entry Bk., Vol. XXI., p. 136.]
288. Edwyn Stede to the Earl of Sunderland. Sir Richard
Button's method of administering the oaths to me and giving me
my papers and instructions was unusual and, as it seems to me,
unsuitable. Sir Richard visited me at my house on 10th instant,
and after many reproaches and unkind sayings to me for my civility
to Sir John Witham since the King's order for his release, he told
me he intended to embark for England on the 13th, and that as it
might not be convenient to me to go aboard at that time, he would
come to my house with the Council, administer the oaths and deliver
to me the papers. Accordingly, having kept the Council together
all that day, at its usual place of meeting, for no matter of moment
so far as the journals shew, he came to my house at four o'clock with
the Council and about a hundred others. I expected that the room
would be cleared for the Council to sit, but instead thereof Sir
Richard, in the midst of all the crowd, told me that he was come
to administer the oaths to me, which accordingly he did, but with-
out any entry in the Council's books, though I have since
caused a memorandum to be inserted, that it was done in the
Council's hearing. The oath administered, Sir Richard was
about going on board the frigate, when I asked him, with all
respect, whether I took up the government from the time
of his going on board or from the time of his sailing. To
which, with an angry and furious tone and countenance, he
replied scornfully, in the presence of all the multitude, that
I must not expect to meddle with the government while he
was about the Island, for that he intended to come ashore again,
although I was in such haste to take up the government, and that
he weuld prevent me until he sent me the seal. He did not send
it to me till Thursday evening, he having been on board since the
Monday before. I must mention another "unkind and
AMERICA AND WEST INDIES. 69
1685.
reproachful carriage" of Sir Richard Button to me in the
presence of the crowd, which he brought, as I conceive,
to be a witness of his affronts and to lower me in their
eyes. He publicly asked my opinion as to a grant which
he had passed without reserving anything to the King, and which
the Council had refused to pass until the Attorney-General had
examined the title. I answered that, though I had been absent
from the Council, I concurred with them, believing, as Receiver-
General, that part of the land was the King's by escheat. Sir
Richard, with great displeasure in his looks, replied that this was
just what he expected from me, and that he would take good care
that I made no grant of that land in his absence ; seeming thereby
(as I thought) to insinuate to the crowd that I had no power to act
during his absence except according to his orders. I answered that
I was sorry he should take my honest answer amiss, but that my
clerk was at hand to enter his caveat or anything else that he thought
fit ail the Secretary's Office. He replied with reproach that I had
nothing to do with the Secretary's Office, and that he would appoint
a Secretary to act during his absence, which not being applauded
by the crowd, he took me into another room, and there with many
reproaches told me that he had enough against me in Sir John
Witham's matter to call me to England also, since I had advised him
as much as anyone against Sir John ; and that though I had got
my foot in the stirrup he would take care that I should not sit long
in the saddle, nor be very easy while there. I answered that my
advice had been not to try Sir John Witham till the King had
heard of his misdoings and given his orders. This Sir Richard
absolutely refused to do, saying that Sir John was appointed by his
commission and was triable by him, and that he would do the same
thing again to-morrow. I told him that I would not, as the pro-
ceeding was evidently displeasing to the King, and that I and the
Council would not have done as much as we did if he had not
ensnared us by withholding his Instructions, contrary to orders.
He replied that I should be called home as well as he, and that
he would be believed at Whitehall against all that I might say. I
answered that I doubted not to prove myself a loyal and honest man.
This led Sir Richard to complain of the favour shewn to Sir John
Witham at Whitehall, which he was quite sure was unknown to
the King; that he would complain to the King about it, and so
forth. My commission was published the 17th, the day after Sir
Richard sailed. Signed, Edwyn Stede. Three very closely written
pages. Endorsed. Reed, and read 17 October 1685. [Col. Papers,
Vol. LVI., No. 14, and Col. Entry BL, Vol. VII., pp. 303-308.]
July 20, 289. Captain J. Davis to Lieutenant-Governor Molesworth.
Many thanks for sending down the Bonito for our security. You
are pleased to say that these Spaniards are not countenanced by
any of the Spanish Governors. I assure you that this design was
publicly known at Trinidad. Four of these rogues lived there, and
the Lieutenant of the town provided them with necessaries to take
the turtling-sloop, wherein they were to sail to Jamaica. The
Spaniards themselves declared it. Now, as to the embezzlement of
pirates' goods. I can tell you no more than you know already, and
70
COLONIAL PAPERS.
1685.
they do me great wrong who say that I know more. It is a story
got up by those who wish to prove more than ever was known. Mr.
Elletson sent me a threatening letter, saying that unless I gave an
account of what I knew of Spurre's business he would complain of
me to the Lords of Trade and Plantations. All I know is this.
When Spurre's sloop came in I received express orders from Sir
T. Lynch to deliver the goods to no one but to him, which was
accordingly done. The broken gold was sealed up by Sir Thomas's
order and given to me to be delivered to Judge White, which I
did ; and thai; is all I know. I have no idea of the value of the
gold. Signed, J. Davis. Holograph. Three closely written pages.
[Col. Papers, Vol. LVI., No. 15.]
3uly 21. 290. Deputy-Governor Edwyn Stede to Lords of Trade and
Barbados. Plantations. I received many bitter, scurrilous reproaches from Sir
Richard Dutton before his departure because I received Sir JoFn
Witham, after the King's order for his release, and gave him copies
of such records as he needed from the Secretary's Office. I pub-
lished my commission the day after Sir Richard sailed, and though
he tried to insinuate that I could do nothing in his absence which
he had not ordered or which he had prohibited, those that believe
this will find out their mistake. Signed, Edwyn Stede. 2 pp.
Endorsed. Reed. 1 October 1685. [Col. Papers, Vol. LVI., No.
16, and Col Entry Bk., Vol. VII., pp. 327-328.]
July 25. 291. Journal of Lords of Trade and Plantations. A clause as to
appeals added to Sir Philip Howard's instructions. The King
ordered that in future the oath of allegiance only should be enjoined
to be administered by Governors, without mention of the oath of
supremacy and the test. Henry Bysshe was brought up in custody
and ordered to find bail. [Col. Entry Bk., Vol. CVIII., p. 170.]
July 25. 292. William Blathwayt to Henry Guy. I enclose draft of in-
Whitehall. structions prepared by the Commissioners of Customs to the Gover-
nors of Plantations, to be revised, if the new Acts of Parliament
concerning trade should render it necessary. Draft. % p. [Col.
Papers, Vol. LVI., No. 17, and Col. Entry BL, Vol. XCVII., p.
148.]
[July 27.] 293. Sir Richard Dutton to Edwyn Stede. I have strictly
perused my instructions, whereby I am directed not to allow an
appeal in any criminal cause, so if such a thing be offered to-day,
you will absolutely reject it. I intend to dine with you to-day.
Dated, 30 December 1684. Copy, certified by Jno. Whetstone, 27
July 1685. \ p. [Col. Papers, Vol. LVI., No. 18.]
July 29. 294. Deposition of John Keith, physician, in reply to Sir John
Witham, to the effect that he attended Sir John from May to
December, 1684, and found his disorder very stubborn, being called
in this Island " contagious bellyaike," often leading to loss of limbs
and life. He was dangerously ill when he went to Grand Sessions.
Copy. 2J pp. [Col. Papers, Vol. LVI., No. 19.]
AMERICA AND WEST INDIES. 71
1685.
July 30. 295. Lords Proprietors of Carolina to Governor Joseph West.
Warrant for the grant of 3,000 acres of land, gratis, to Jean
Frangois de Genillat, the first of the Swiss nation who has an-
nounced his intention of settling in Carolina. Signed, Craven, Tho.
Amy, P. Colleton. [Col. Entry Bk., Vol. XXII., p. 63.]
July 31. 296. Warrant from the Earl of Rochester to the Commissioners
of Customs granting rebate of ten per cent, to Merchants who pay
the new duty on tobacco in ready money. Below. A second
warrant authorising further rebate of four per cent, for waste and
decay. 17 August 1685. Copies. The whole. 1^ pp. Endorsed.
[Col. Papers, Vol. LVI., No. 19 a.]
[July 31.] 297. Petition of Barrakiah Arnall, late Master of the pink
Hannah and Elizabeth. From ignorance petitioner neglected to
carry a certificate with him from Boston to Antigua, in consequence
of which he forfeited a bond of 1,OOOZ. and suffered confiscation of
the ship. Prays remission of the penalty. On the margin. Read
in Council July 31, 1685. Also, a reference of the petition to Sir
William Stapletbn for his report. Signed, William Blathwayt.
Annexed,
297. i. Certificate of Samuel Massey, Secretary, that he believes
Barrakiah Arnall to have had no intention of defrauding
the revenue. Dated, Custom House, Boston, 15 May 1685
1 p. Endorsed.
297. n. Certificate of the arrival of the Hannah and Elizabeth
from Antigua. Signed, John Jacob. Boston 15 May
1685. Copy of the bond attached. 2 pp.
297. m. Certificate of the discharge of the Hannah and Elizabeth.
Boston 25 May 1685, Signed S. Bradstreet, Governor;
covering depositions of two seamen of the ship. 2 pp.
297. rv. Certificate as to the genuineness of No. II. 28 May,
Signed, S. Bradstreet, Governor. Seal of New England
attached. 1 p. [Col. Papers, Vol. LVI., Nos. 20, 20 i.-
rv.]
July 31. 298. Copy of the Order in Council referring above papers to Sir
Whitehall. William Stapleton. Signed, Wm. Bridgeman. 1 p. Endorsed,
with a minute by Sir William Stapleton, that the petitioner is a fit
object for the King's mercy. Holograph. Endorsed. Read 1, 3,
18, 26 August and 2 September 85. ' [Col. Papers, Vol. LVI., No.
21, and Col. Entry Bk., Vol. XLVII., pp. 191-192.]
Aug. 1. 299. Minutes of a Council of War held at Jamaica. The
Governor brought forward the necessity for suppressing a rising of
negroes belonging to Guanaboa. Order for the articles of war
framed by Lord Carlisle to be published and martial law to be pro-
claimed ; for 120 men to be raised and kept constantly on duty, at
5s. a day for an officer, 2s. ftd. for a sergeant, and Is. Gd. for a soldier,
receiving also bl. a head for every negro captured or killed, to be
72
COLONIAL PAPERS.
1685.
Aug. 1.
Barbados.
Aug. 1.
Nevis.
Aug. 1.
divided equally among the men of the party concerned. Ordered
that, as many plantations have not so many white servants as the
law requires, the Colonels shall place on such plantations as many
men as are necessary, at the owners' expense, till the owners shall
procure others in their stead. Ordered, that commanding officers
keep a greater or lesser number of men in arms in their respective
parties. \Col. Entry BL, Vol. XXXVI., pp. 89-90. Copy of
Articles of War, pp. 94-97.]
300. The answer of Edwyn Stede to the interrogations of Sir
John Witham. (1.) I often heard Sir Richard Button say, after
his return to Barbados, that he expected a good present from Sir
John Witham and deserved it, and that if he did not get it, it would
be the worse for him, and so forth. Sir Richard often spoke angrily
of the loss of half his salary, and at last, to keep up friendship, I
offered to speak to Sir John on the subject, and did so, telling him
that Sir Richard, unless satisfied, was resolved to give way to
violent prosecution, as an indictment of Premunire. Sir John said
that he feared none of such things, and that the abandonment of the
half salary to Sir Richard would only weaken his cause ; and as he
insisted on his innocence of the complaints against him, I pressed
him no further. Sir Richard was very angry when my mission
came to nothing, and still more so when a few days later Sir John
wrote to him and told him his mind. Shortly after came the
accusation of Sir John in the Council. (2.) I verily believe that
if Sir John had resigned the half salary, there would have been no
prosecution. (3.) The records shew that Sir Richard disposed of
two men's estates for money, and that he received considerable fines
from offenders at the Sessions of 1681. (4.) The proceedings
against Sir John in the Court of Exchequer were by Sir Richard's
own order, who was much vexed that they were not speedier. (5.)
I publicly expressed my dissatisfaction on the bench with the
manner of proceeding against him. Harsh words were used against
Sir John from the bench, but by whom I do not remember. (6.)
There was great discussion as to the amount of the fine to be
imposed. If I could have prevailed, the eleven thousand pounds
should have been reduced to less than as many hundreds. (9.) I
do not believe that Sir John Witham altered any of the records, as
was charged against him (10.) Sir Richard frequently dined with
the Council and Judges during the Sessions. He was anxious to
conclude the trial quickly. (11.) Mr. Richard Seawell, who was
made a judge by Sir Richard Button, was charged with high crimes
by Mr. William Walley, but I know not what they are, nor why no
prosecution was made. [Col. Entry Bk., Vol. VII., pp. 331-338.]
301. Henry Carpenter to the Royal African Company. Trans-
mitting an Act of Antigua for annexing negroes to the freehold,
and requesting that it may be stopped as destructive to trade. p.
Endorsed. Reed. 10 Aug. 85. [Col, Papers, Vol. LVI., No. 22.]
302. Journal of Lords of Trade and Plantations. Ordered that
Mr. Bysshe receive copies of the depositions sent by Governor
Cony.
AMERICA AND WEST INDIES. 73
1685.
Colonel Molesworth's letters of 27 April and 15 May read (see
No. 193). The Lords agreed that all persons concerned in the
Assiento should be encouraged.
Petition of Barachiah Arnall read (see No. 297), and referred to
Sir William Stapleton. [Col. Entry Bk., Vol. CVIII., pp. 170-
173.]
Aug. 3. 303. Journal of Lords of Trade and Plantations. Mr. Randolph
presented a paper of proposals (see next abstract). The Lords agreed
to await the King's directions. Lord Howard of Effingham's Com-
mission approved.
Sir William Stapleton's report on the petition of Barachiah Arnall
read, and referred to the Commissioners of Customs.
Colonel Digges's letter to Lord Baltimore of 11 June, and Colonel
Spencer's of 18 June were read (see Nos. 221, 239).
Memorandum of documents received. [Col. Entry Bis., Vol.
CVIII., pp. 173-176.]
Aug. 3. 304. Edward Randolph to Lords of Trade and Plantations. 1
have received three writs of quo warranto against East and West
New Jersey and Delaware, and two more, with summons from the
Sheriffs of London, against Rhode Island and Connecticut, which
are returnable next term. A ship should be sent in three weeks'
time at farthest direct to New England, that the serving of the
writs may not lapse through the delays of a winter's voyage and the
prosecution be rendered ineffectual, as in the case of the Boston
Charter. Signed, Ed. Randolph. Holograph. 1 p. Endorsed.
Read at Committee, Aug. 3 1685. [Col. Papers, Vol. LVI., No.
23, and Col Entry BL, Vol. LXI., pp. 248-249.]
Aug. 3. 305. Captain William Phips, R.N., to the Earl of Sunderland.
By order of the Governor of Bermuda, I brought home Henry
Bysshe on board H.M.S. Golden Rose, and delivered him to you ;
since which time Bysshe has arrested me. I am now in custody in
the bailiff's hand in the liberties of the Tower ; whereby I am kept
from the King's business. Pray issue some order for my discharge.
Signed, William Phips. " From the Nagg's Head on little Tower
Hill." \ p. Endorsed. [Col. Papers, Vol. LVI., No. 24.]
Aug. 3. 306. Receipt for a bundle of papers seized from him by the
messenger and returned to him by William Blathwayt. Signed,
Henry Bysshe. 1 p. Endorsed. [Col. Papers, Vol. LVI., No.
25,]
[Aug. ?] 307. A short summary of the history of the Bermuda Company
down to the time of the vacation of its charter. 1| pp. [Col.
Papers, Vol. LV., No. 26.]
Aug. 3. 308. Depositions of Colonel John Sampson, in reply to Sir John
Barbados. Witham. (1.) The Court denied Sir John a copy of the indictment
and counsel. (2.) Henry Walrond said that the indictment was
leniently drawn by the law-officers, for it might have been treason.
(3.) The Court refused to hear two witnesses for Sir John. (4.)
74 COLONIAL PAPERS.
1685.
The Court rejected Sir John's plea in abatement, and (5) his pleas
in bar, and insisted that he should plead not guilty. (6.) The
judges hesitated to allow Sir John's witnesses to be sworn. (7.)
Henry Walrond directed the jury to find for the King, not valuing
evidence against the King's. (8.) Henry Walrond declined to
allow portions of two letters from the King and from Secretary
Jenkins to be read in evidence. (9.) People were afraid to speak
on Sir John's behalf, or to visit him in confinement, from fear of
Sir Richard Button. (10.) It was common report that Sir Richard
intercepted Sir John Witham's letters. (11.) The Council, with
two exceptions, offered themselves as witnesses against Sir John,
though sole judges of the Court. Copy. 8 pp. [Col. Papers,
Vol. LVI., No. 27.]
Aug. 4. 309. Minutes of Council of Barbados. Sir Timothy Thornhill
took the oaths and subscribed the test. The Lieutenant-Governor
announced that after due consideration he had decided not to alter
the rules respecting the practice of judges this year. John Whet-
stone was empowered to administer oaths. Order for payment of
a quarter's rent for Fontabelle to Thomas Walrond, and for repair
of the path to the magazine. Agreed that the Assembly called by
Sir R. Button might legally continue during the usual time. Order
for depositions to be taken as to Sir R. Button's protection of
Captain Walley from arrest. Commission to be issued for the trial
of Mr. Tollemache. Several payments ordered for work on the
fortifications. The beneficed Ministers appeared before the
Lieutenant-Governor, took the oaths and signed the test. Estab-
lishment of the Court of Chancery constituted in 1672 revived and
confirmed. [Col Entry BL, Vol. XI., pp. 619-634.]
Aug. 4. 310. William Blathwayt to Mr. Graham. The King, on read-
ing Captain Phips's letter (see No. 302), orders that bail be given
on, his behalf for so much as relates to Captain Phips's transportation
of the prisoner. You will see to this. Draft. % p. Endorsed.
[Col. Papers, Vol. LVI., No. 28.]
Aug. 10. 311. Minutes of a Council of War in Jamaica. Ordered that
the negro prisoners taken at Guanaboa be tried by Court-Martial.
The Board declared their opinion that any officer of horse, under
the rank of Captain, may be tried by a regimental Court-Martial of
foot oificers belonging to the same precinct. Order for issue of
powder. [Col. Entry BL, Vol. XXXVI., p. 91.]
Aug. 10. 312. Instructions prepared by the Commissioners of Customs for
the Governors of Plantations, for the better putting in execution
the Acts of Trade and Navigation. (1.) You will study the Acts
themselves. (2.) None but ships of the British Isles are to trade
with the Colonies, and three-fourths of the crew must be British
subjects. (3 and 4.) You will see to the observance of rules as to
bonds and certificates. (5.) [To Maryland only.] In consequence
of frauds and mischiefs, we have caused blank certificates to be
sent to eveiy port in this kingdom, and have given some also to you.
You will see that your officers assist the King's collector in his work,
and that they do nothing in reference to the King's duties without
AMERICA AND WEST INDIES. 75
1685.
his privity. (6.) You will observe the law as to exclusive importa-
tion of home produce, (7) and for transhipment of all colonial goods
not designed for the English market. (8.) [To Maryland only.]
In consequence of the forging of certificates and cockets, you will
prepare a list of all bonds taken and to be taken from Michaelmas
1679, to Michaelmas, 1685. (9.) [To Maryland only.] The officers
which you have appointed to receive the King's customs shall cease
to do so and shall render us an account of their receipts. Counter-
signed, Sunderland. [Col. Entry BL, Vol. XCVII., pp. 151-167.1
[Aug.] 313. Form of certificate of bonds given by masters of ships
trading to the Plantations. 11 pp. Endorsed. [Col. Papers,
Vol. LVL, No. 29.]
314. Forms of certificates of ships trading to the Plantations and
of ships laden in the Plantations, that they have produced certifi-
cates of bonds to observe the Acts of Trade and Navigation. Printed.
2 pp. Endorsed. [Col. Papers, Vol. LVI., No. 30.]
Aug. 11. 315. Governor Dongan to William Blathwyat. Yours of 6th
March I have received, and am heartily glad that I am to correspond
with you. Sir John Werden writes that he has delivered up
the material papers to you. You must be a stranger to
our proceedings unless you have perused the papers con-
cerning the differences between our Indians and the French,
and if occasion should come for me to act (of which I
hope there is no danger), I have no instructions, for Sir
J. Werden has not answered my letter. The French are now quiet.
We have a very good trade this year, and shall have much better
if we take the same care as the French, by putting a little fort
on this side the Great Lake, as they have on the other. It is in
the King's dominions, nearer to us than to them, and would be an
obligation on the Indians to bring' their beaver to us, which would
be six for one at present. I put the arms of the Duke, now His
Majesty, on all the Indian Castles near the Great Lake, by their
own consent, they having submitted to this Government. They are
a considerable people, and ought to be encouraged, for they have
a great influence over most of the Indians in America. The French
quarrel only because they cannot obtain them. If ever they should,
they would be troublesome to most of the King's subjects in
America. A French man-of-war came into Sandy Hook, which is
within six or seven leagues of this city, and asked leave to wood
and water and buy fresh provisions. I sent the Mayor, who is a
Frenchman, on board, to see by what commission he sailed, and he
sent me copy of his commission, which was from the Governor of
Petit Guavos. I called the Council, who advised that he might
have leave to wood, water, and provision, so long as he left none
of his prize goods behind him, nor sold them. Having obtained
what he wanted, he went to sea, and I am told plundered one of our
ketches bound to Barbados. She was of thirty guns and 200 men.
I sent away the packets to Virginia, and wish I could tender you
any particular service. Mr. Spragge, Secretary of this place, goes
to England this winter, and will bring our last-made laws with
him. Signed, Tho. Dongan. 2 pp. Endorsed, Reed, 29 Sept.
76 COLONIAL PAPERS.
1685.
1685. Read Oct. 9 1685. Printed in New York Documents, III.,
363. {Col. Papers, Vol. LVI., No. 31, and Col. Entry BL, Vol.
LXVIII., pp. 79-83.]
Aug. 14. 316. Henry Guy to William Bridgeman. Enclosed are the
Tuabridge. instructions to the Governor of Maryland, with the blanks filled up
by the Commissioners of Customs. ~ They have represented that it
would be for the King's service that all such instructions should be
sent bv them, as they can send with them books of rates, etc., to
the Collectors. Though therefore it is probable that the present
instructions may be given to Lord Baltimore, who is in England,
all such instructions are, by the Lord Treasurer's order, to be sent
in future to the Commissioners of Customs. Holograph. 1 p.
Endorsed. [Col. Papers, Vol. LVI., No. 32, and Col. Entry Bk,
Vol. XCVIL, p. 149.]
Aug. 18. 317. Journal of Lords of Trade and Plantations. Draft instruc-
tions from the Commissioners of Customs to Governors as to the
Acts of Trade read, and ordered to be sent to all Governors (see No.
309).
Minutes of Council of Virginia of 20 November and 12 June read
(see No. 230) as to Colonel Talbot. Order for a letter to Lord
Howard, instructing him to send Talbot home for trial. Lord
Baltimore to be informed. The representation of the Governor and
Council of Virginia of 21 April as to quit-rents read. A copy to be
sent to Lord Culpeper for his reply. Draft instructions to Lord
Howard read, and a clause respecting transported rebels added. A
new clause as to encouragement of planting vines, flax, etc., to be
remitted to the King, as it may give too much encouragement to
neglect the planting of tobacco in consequence of the new duty.
Mr. Penn's petition for hearing of his case against Lord Baltimore
read (see No. 320). The Lords appointed the 26th inst.
Sir Philip Howard presented a memorial for instructions as to
English ships driven by stress of weather into French ports, and
as to retaliation on French ships in the corresponding case ; as to
French privateers and their treatment; as to disturbance of the
turtle-fishery by the Spaniards ; as to convoys of negro ships for
the Spaniards ; as to supply of negroes by the African Company ;
as to pardon of privateers who give security for good behaviour;
and as to the inexpediency of keeping practising lawyers in the
Council. Ordered for consideration on 26th inst. Abstracts to bo
made of Colonel Molesworth's letters relating to privateers.
The proclamation of the King at Philadelphia 23 May read. Mr.
Randolph's memorial (see No. 319) read and remitted for the King's
orders.
The Chief Justice to give his opinion whether the gift made io
Henry Walrond by the Barbados Act of Excise be not irregular.
[Col. Entry BL, Vol. CVIII., pp. 177-183.]
Aug. 18. 318. William Blathwayt to Lord Culpeper. Forwarding the
address of the Council of Virginia of April 21 (see No. 140) for his
answer and proposals. [Col. Entry Bk., Vol. LXXXII. t pp. 334.]
AMERICA AND WEST INDIES. 77
1685.
[Aug. 18.] 319. Edward Randolph to Lords of Trade and Plantations.
More than nine months have passed since judgment was entered for
the late King against the charter of Boston, whereby the Govern-
ment of the Colony is vested in the King ; yet to this day disaffected
persons, tinder cover of the vacated charter, pretend to exercise
government there, and countenance breaches of the Acts of Trade
and Navigation. There is now no Government there, and the loyal
party, which is always the majority, is in daily expectation of
deliverance from the oppression that they have groaned under ; but
being kept out of the Government they cannot relieve themselves,
nor put a stop to the mischief complained of. I suggest that the
King should erect a temporary Government of the best-disposed
persons on the spot, until the Governor-General of New England
shall be despatched. I have served the writs on the proprietors of
East and West New Jersey and Delaware, and await orders about
the two Quo Warrantos issued against Rhode Island and Connec-
ticut, which are returnable next term. If the King think fit to
commit the duty to me, I could serve the writs and establish the
temporary Government. Signed, Ed. Randolph. Holograph. 1%
pp. Endorsed. Read at Committee, Aug. 18 1685. [Col. Papers,
Vol. LVI., No. 33.]
[Aug. 18.] 320. Petition of William Penn to the King. Has long waited
the decision of the difference between himself and Lord Baltimore ;
and though referred to the issue of the Quo Warranto on Lord
Baltimore's patent, yet finds the delay very ruinous, for the ques-
tion is of title of land and not of power, and so not touched by the
Quo Warranto. Prays an early hearing by the Lords of Trade and
Plantations. Signed, Wm. Penn. Holograph. 1 p. Inscribed.
Reed, from the Earl of Middleton, 18 August 1685 ; read same day.
[Col. Papers, Vol. LVI., No. 34.]
[Aug. 18.] 321. Petition of same to Lords of Trade and Plantations. For
an early hearing. Holograph. Unsigned. Inscribed. Reed. 18
Aug. 85. [Col. Papers, Vol. LVI., No. 35.]
Aug. 18. 322. William Blathwayt to Henry Guy. Forwarding petition
of Barachiah Arnall and Sir William Stapleton's report thereon
for the opinions of the Commissioners of Customs. [Col. Entry
Bk., Vol. XLVII., p. 192.]
Aug. 18. 323. Henry Guy to William Blathwayt. Asking that copies
Treasury O f the instructions issued to Governors respecting the Acts of Trade
Chamber. m ay be forwarded to the Admiralty for distribution to the captains
of ships serving in the Plantations. [Col. Entry Bk., Vol. XCVII.,
p. 150.]
Aug. 20. 324. Deputy-Governor Edwyn Stede to Lords of Trade and
Barbados. Plantations. We are in some degree restored to our senses and to
peace since Sir Richard Dutton left. We are full of joy at the
news received two days ago of the defeat of the rebels in Scotland
and the capture of Argyle, as well as of those headed by Monmouth,
whose head we hope has paid for his treason by this time. I have
7S COLONIAL PAPERS.
1685.
begun to inspect the affairs of the Government, and first of the
Church. The clergy unanimously agreed to take the oaths of
allegiance and supremacy and to sign the test. I found the Courts
of Justice and Chancery all out of order and much in arrear of
business. Most of the business is now despatched, I having set
the example in the Court of Chancery. I am now taking account
of the fortifications, artillery, and ammunition, hoping to per-
suade the Assembly to finish them, though at present, by reason of
the large gifts made to Sir Richard Button and Henry Walrond,
amounting to 3,OOOZ., out of the excise which was raised for the
maintenance of the fortifications, we are not able to carry them on.
Indeed Sir Eichard Button has given little care to the King's
service since his last return to the Island, having employed his
thoughts wholly to enrich himself and ruin Sir John Witham. No
public thing has been finished but the new magazine, where I have
seven hundred barrels of powder, and fifteen hundred spare fire-
arms. I do not wonder at Sir Richard Button's anger at me for
opposing his passing away the King's right to some land, for he lost
a hundred pounds by it. But I hope the King will gain more than
this by this land. I doubt not in time to discover to you many
similar bargains of Sir Richard Button for his own profit and to
the King's loss. Mr. Tollemache, son to the Buchess of Lauder-
dale, who killed the purser of H.M.S.^Biamond, is here on bail, and
begs to be brought to trial as soon as possible. I therefore granted
a special commission and summoned two juries, with due respect to
his quality and to the justice of the cause, and he was found guilty
of manslaughter only. He was allowed benefit of clergy, and he
chose to be burnt in the hand to save him from being appealed in
England. Signed, Edwyn Stede. 2 pp. Endorsed. Read 31
Oct. 1685. [Col. Papers, Vol. LVI., No. 36, and Col. Entry BL,
Vol. VII., pp. 328-333.]
Aug. 20. 325. Robert Mason to Lords of Trade and Plantations. Your
New letter of 22 May last (see No. 198) was opened by Captain Barefoot,
Hampshire. Governor Cranfield having sailed for Barbados. In obedience to
your order I will give my attendance in June next to answer the
appeal, and prove my just title to the soil of this province. In
obedience to your letter of 29 April I shall forbear to commence
any more suits upon title of land until William Vaughan's appeal
has been heard, but I conceive that you do not intend me to suspend
the judgments for my costs in the several actions, many of the
defendants having given bills to discharge the same, or to discharge
such as are in execution for nonpayment. I have had the patience
to wait a whole year for most of them, in hope of an amicable
arrangement. I have now caused it to be published that if anyone
else shall appeal, they shall be admitted to be heard before you,
and have a month allowed to enter their appeals with the Secretary
of the province, that the matters may be finally determined ; but
their design is to weary me out, if they can, by continual troubles
and expenses, while they make purse among themselves out of my
estate, to bear their expenses. Upwards of 400?. has already been
collected from Vaughan and Weare, and more will be raised, to
carry on the design against me, by the fanatic party. As to the
AMERICA AtfD WEST INDIES. 79
1685.
trials I have had with the terre-tenants, I conceive that it was
according to the report of the Chief Justices of 17 July 1677, con-
firmed by the royal letter of 23 June 1682, which required the
Courts of Massachusetts to admit me to prosecute my right. As
to the clause in Governor Cranfield's Commission, he and I con-
ceived it to relate to the value of lands and quit-rents, and not
to title. If I have done wrong I ask pardon. It is a great pre-
judice to me to have to sue in this place, where jurymen take upon
themselves to be judges of law as well as of fact, as in the case
of Mr. Vaughan. The lands he holds are worth 1507. a year, and
he has held them for about ten years. I brought an action for
500Z. damages, and the jury found that the land was mine, and as
damages for the time passed awarded me two shillings. Since
the arrival of Vaughan and Weare, the preachers and church-
members have used all imaginable industry to prevent the inhabi-
tants from agreeing with me. Such as have become my tenants
are vilified and abused, and several riots have been committed upon
the lands of those who have taken deeds from me, pulling down
frames of houses, throwing down fences, mowing the grass, and
felling the timber. When the people seek redress, the trespassers
plead that it ought not to be tried, being a matter of title, and
that all my grants signify nothing till the present King declares
my right, as the late King so often did. I beg for a letter from you
to encourage the loyal party and suppress the insolent. Signed,
Robert Mason. Holograph. 2 pp. Endorsed. Reed. 21 Dec.
1685. [Col. Papers, Vol. LVI., No. 37, and Col. Entry BL, Vol.
LXVIL, pp. 151-155.]
Aug. 21. 326. Commissioners of Customs to Lords of Trade and Planta-
Custom tions. On the petition of Barachiah Amall (see No. 297). We
House. think that, as the King has received no prejudice and the Act of
Navigation has not been evaded, the petitiorrer is a fit object for
the King's mercy. Signed, J. Buckworth, Jo. Werden, D. North,
T. Chudleigh. 1 p. Endorsed. Reed. 24 Aug.. Read 26 Aug.
85. [Col. Papers, Vol. LVI., No. 38, and Col. Entry Bk., Vol.
XLVIL, p. 193,]
Aug. 21. 327. Father Lamberville to [Governor Dongan]. Since my
Sept. 10. last the " Sonnentonans " [Senecas], who wished to make a disturb-
OnnontaguS. ance and determine all the Maquois to join them against Mons
de La Barre, have changed their minds. This is in consequence
of an assurance that the peace made last year, as you desired, should
not be broken by Mons. de La Barre, as had been maliciously in-
sinuated by a hundred false reports. To finish the work so happily
begun, it remains only to exhort the Sonnentonans to add more
peltry to the ten beaver skins and thirty otters which they have
left in store at Onnantague to satisfy Mons. de La Barre, as you
recommended them to do last year. May your zeal for the public
peace, above all for that of the Christians of America, urge you to
put the finishing touch to the work at once, and recommend the
Soniieiitonaiis and other tribes to distrust current false rumours,
for the Governor of Canada desires with all his heart to preserve
peace and second your upright intentions. The Onnontagues and
80 CoLONiAt PAPERS.
1685.
those who are of their sentiments have wrought earnestly with the
Sonnentonans, to make them revert to peaceful intentions, as has
also the Sieur Arnaut, bearer of this letter, who was present at all
that was said and done, and will be glad to give you a full account.
Since, by your efforts, peace is likely to be maintained, we shall
continue to carry the Christian faith into this country, and to en-
treat those Indians, whom you honour with your friendship, to
embrace it. This is the one object that has brought us hither,
that the blood of Jesus Christ, which was shed for all men, may be
profitable to them, and that His glory may be great upon earth.
If you could honour me with a word from your own hand, you can
give your letter to one Garakontie, who is deputy for the Onnon-
tagues at the congress which you are calling at Albany. Do him
the favour to exhort him to be a good Christian, as was his brother,
whose name he bears. Advise him to get drunk no more, as he
promised when he was baptised, and to do his duty as a Christian.
One word from you will affect his mind very greatly, and he will
publish abroad that it is untrue that the English forbid them Chris-
tianity, since you, their Governor, exhort him to persevere therein.
I pray God, who has united us in the same Catholic faith, to unite
us also in heaven. Signed, Jean Lamberville, of the Company of
Jesus, called in Indian (en sauvage) Teiorheusere. P.S. Pardon
me the liberty that I take in presenting my humble respects to the
Governor of Virginia, whom the Indians call Longsword. I hear
that he will be near you at Albany. Some time ago I caused an
Englishman, called Robetman, whom the Indians had robbed and
captured, to him, saving him from the fury of the disorderly and
from those who wished to make a slave of him. It was the least
that I could do for him. French. 2\ pp. Printed translation
in New York Documents, III., 453. [Col. Papers, Vol. LVI., No.
39.]
[Aug. 23.] 328. Lords of Trade and Plantations to the King. Recommend-
ing the adoption of Edward Randolph's proposals for a temporary
Government at Boston (see No. 319). [Col. Entry BL, Vol. LXI.,
p. 250.]
Aug. 24. 329. Henry Guy to William Blathwayt. Forwarding report
of Commissioners of Customs on the petition of Barachiah Arnall
(see No. 326). [Col. Entry BL, Vol. LXVII., p. 192.]
Aug. 24. 330. Minutes of a Council of War held at Jamaica. Orders
as to proceedings in a general alarm agreed to. The Governor pro-
posed at the present juncture that the Council should take the oath
of allegiance, which was done. Report of a Court-Martial on
Captain Charles Hudson, for treasonable words. Ordered that he
be cashiered, and that he be prosecuted by the Attorney-General.
Order for a Court-Martial on captured negroes ; the members
nominated. Captain Davis's proposals agreed to, viz., in considera-
tion of 1001. a month, one month to be paid in advance, to pursue
the rebels with his Indians till he has destroyed them completely.
Order for payment of the first instalment to him. I Col. Entry Bk.
Vol. XXXfl., pp. 91-92.]
AMERICA AND WEST INDIES. 81
1685.
Aug. 24. 331. Minutes of Council of Jamaica. Order for payment of
three months' salary to the Governor. [Col. Entry Bit., Vol.
XXXVI., p. 87 and p. 100.]
Aug. 26. 332. Journal of Lords of Trade and Plantations. The business
of Mr. Penn and Lord Baltimore postponed to 2 September.
Mr. Bysshe's and Colonel Cony's case was heard. Bysshe ordered
to put in his answer to Cony.
Sir John Witham attended anoT swore to the statements put in
on his appeal.
Sir Philip Howard's memorial considered. Petition of Jacques
Gonzales read (see No. 228). Report of Commissioners of Customs
on the petition of Barachiah Arnall read. Agreed to recommend
him as a fit object of mercy.
Edward Randolph's petition (see No. 334) read and reserved for
consideration.
On petition of Mr. Rousby, brother to the murdered Christopher
Rousby, agreed to recommend that Colonel Talbot be trieu by
Special Commission in Virginia.
The Lords agreed to represent to the King the petition of Edward
Gove for release. Memo. The King ordered him to be pardoned.
[Col. Entry BL, Vol. CVIII., pp. 183-187.]
Aug. 26. 333. Lords of Trade and Plantations to the Lord President.
Desiring the King's opinion as to a clause in the commission for
the temporary Government of New England as to calling Assem-
blies for raising money, since the law-officers report that, notwith-
standing the forfeiture of the charter, the right still remains in
the inhabitants to consent to such laws and taxes as shall be made
in New England. [Col. Entry BL, Vol. LXI., p. 251.].
Aug. 26. 334. Petition of Edward Randolph to Lords of Trade and
Plantations. I have already made eight voyages to and from New
England on the King's business, and am just starting on the ninth.
1 beg your recommendation for my appointment as Secretary and
Registrar of the Colonies to be united under the Government of
New England. Holograph. 1 p. Endorsed. Reed. 26 Aug.
85. [Col. Papers, Vol. LVI., No. 40, and Col. Entry BL, Vol.
LXI., p. 251.]
[Aug. 26.] 335. Petition of Edward Gove, for pardon. Has been in the
Tower of London since June 1683. Statement of case annexed.
2 pp. Endorsed. Reed. 26 Aug. Represented to the King, 30th.
[Col. Papers, Vol. LVI., No. 41.]
Aug. 26. 336. Deposition of John Shaw, before the Lords of Trade and
Plantations. Was carried away from Sir John Witham's, his
master's house, on 23 June last by warrant from Sir Timothy
Thornhill, and on 24th June brought up before Sir Timothy,
who required him to swear to certain written depositions
and questions, using threats to compel him. On trie 26th
he went into town to give evidence before the Commissioners
appointed by the Governor, but objected to four of them,
Messrs. Hothersall, St. John, Chester, and Walley, as not
1 F
82
COLONIAL PAPERS.
1685.
Aug. 2T.
Aug. 29,
Jamaica.
Aug. 29.
Jamaica.
impartial ; of whom two cross-examined him and altered his deposi-
tions. On 1 July, Walley again did his best to discourage witnesses
for Sir John, and encourage them against him. Material witnesses
fer Sir John told him a few days later that they had been threatened
with ruin if they should give evidence for him. On the last day
of taking depositions Henry Walrond was present, and scurrilously
abused all Sir John's witnesses. 3 large pp. Endorsed, 26 Aug.
1685. Reed. 9 Sept. 1685. [Col Papers, Vol. LVI., No. 42.]
337. Journal of Assembly of Nevis. The Council and Assembly
agreed that the fortifications should be repaired. The Assembly
proposed that a fine be imposed on all who keep their negroes at
home and do not forward the work of fortification. Order for la joint
Committee to draw up an Act for the purpose. [Col. Papers, Vol.
LVI., No. 43.]
338. Governor Cranfield to Lords of Trade and Plantations. I
sent you a copy of my commission to "Walter Barefoot from Bar-
bados. Tour grant of leave of absence came very seasonably to
me, but the physicians say that those coagulated and congealed
humours that are settled in my legs cannot be thinned and dis-
persed without the benefit of the Bath in England. Being unable
to be of service here, I beg for my discharge and for leave to
return 'home. Signed, Edw. Cranfield. [Col. Entry Bit., Vol.
LXVIL, p. 150.]
339. Lieutenant-Governor Molesworth to William Blathwayt.
Several ships have arrived from London, but no letter from you.
We are still much in the dark. The judges refuse fo sit by their
old commissions in cases of life or death, and hesitate to do so in
matters of property. About a month since all Widow Grey's
negroes at Guanaboa, together with others, some hundred and fifty
in all, rose in rebellion. They attacked first a house where there
were five and twenty good arms and but two white men, broke
through the walls and killed one man. Mrs. Grey escaped, while
they were seizing the arms, to a neighbour, Major Price ; but the
negroes being now well armed attacked Price's house, killed one
man and wounded another, but having lost one of their conjurors,
on whom they chiefly depended, they retired to breakfast, meaning
to return to the house later, not doubting, if they could cut off that
family, to be masters of all Guanaboa, and have a thousand more
negroes to join them, which was very probable. Had not a negro
of Mrs. Grey's escaped and brought the news to town long before
I heard of it from any officer of the quarters it was not unlikely
to have taken effect. But I immediately sent thirty troopers, the
first that could be got, together with forty choice foot soldiers from
town. The troopers arrived just after the negroes had finished
breakfast, and prevented their attack on Price. The negroes then
chose an advantageous hill full of craggy rocks and stumps of trees,
where the horse could not possibly approach them. A part of the
troop dismounted to get nearer to them, but one 'trooper being
killed, the rest fell back to await the arrival of the foot. The
negroes no sooner saw and received a volley from the foot than they
AMERICA AND WEST INDIES. 83
1685.
took to their heels and broke up into two or three parties, about
thirty of the stoutest and best armed keeping together and making
their way through the mountains to St. Ann's. At the feet of the
mountains they cut off a small family that sold rum to travellers,
and killed a man, a woman, and two children, when a party at their
heels forced them to take a new path towards St. Mary s. Here
a widow, with two children and a man, living in a house remote
from all others, were all cut off and killed. This is all their mis-
chief so far, though much too much, and all I hope that they will
be able to do, for there are so many parties after them that they
will have no rest. They choose such inaccessible mountains and
rocks for their refuge that it is only with the greatest difficulty that
our people come up with them, and they are on flight again before
we can do much execution on them. They have not the courage
to stand against a party of six men, so that all our success so far
has been to capture about thirty, kill seven outright, and force in
about fifty, who surrendered after the rout of Gruanaboa. On their
first rising I summoned the Council, who advised the assembly
of a Council of War and the proclamation of martial law. We put
all the several quarters into arms for their own defence, and to
provide parties for pursuit ; and we ordered six other parties, each
of twenty choice men, whom we took into pay at the rate of half-
a-crown a day for sergeants and eighteen pence a day for men,
and distributed them so as to keep up a continual pursuit. The
money for the pay is to be advanced from the Treasury, the Council
and field officers, many of whom are in the Assembly, engaging to
refund it out of their own pockets if the Assembly should decline
to do so by taxation. For this reason I hope that the Governor will
not again be left without orders to call an Assembly on extra-
ordinary occasions. At our Council of War we made an agreement
with Captain Davis, who with his Indians will follow the track
of the negroes as well as a beagle follows the fresh scent of a hare,
and have provided him with twenty choice men. He engages to
destroy them all in less than two months after he has been laid on
their track, and not to leave them till he has rendered them in-
capable of further mischief. But as he was forced to go to his
house, which, as I have told you, was threatened by the Spaniards,
it will be ten days before he can get back to his Indians, when
our parties will be recalled and martial law will be revoked.
At tihe same meeting of the Council I thought fit, in view of our
circumstances and late advices from England, to propose 'the taking
of the oath to His Majesty, which was cheerfully accepted. The
whole board therefore took it, and I ordered that every Colonel
should call a regimental Court-Martial and administer the oath to
the commissioned officers. At the same time we settled the place
of rendezvous for every regiment in case of alarm from abroad, and
have provided fireships and taken all precautions as though war
had been declared, for we know not what tricks your great neigh-
bour over the water may play, after what we understand he has
done in the matter of the rebellion at home. His strength in ships
and men that live on rapine and are ready for any design is such
as to make us jealous. By late advice from Carthagena we learn
that the privateers in the South Seas have left Panama, so that the
F 2
84 COLONIAL PAPERS.
1685.
passage from thence to Lima is again free, and the merchants' and
King's money can come down. We hear that the French privateers
had landed a thousand men at Campeachy, but that they had been
stoutly opposed by seven hundred Spaniards. Several small vessels
of ours have been carried into Carthagena, and about thirty of our
people are employed about the walls. Their relations petitioned
me to send the frigate to demand them, which I did eighteen days
ago, so that I expect her back shortly. The Agent for the New
Assiento took the opportunity to agree with the former Agent for
the despatch of three hundred negroes under convoy of the frigate,
embarking with them himself. We promise ourselves a consider-
able trade in negroes with the Spaniards, for before his departure
he left full powers and instructions with his factors for carrying on
the business. I have stopped a small vessel bound to London to
make her carry the enclosed address of loyalty to the King. We
hope that our next ships will bring us news of the suppression of the
traitors. I must not omit to tell you of the vast discouragement
that will be thrown on planting by the additional duty on sugar.
It will certainly throw new plantations out of cultivation, and pre-
vent the enlargement of others. The ordinary charges and risks
of planting forbid us to bear any additional burden, much less this
duty, which makes (with what we pay for Customs and Excise) more
than half the clear production of every man's estate. If the gentle-
men who impose this on us would tax themselves in the same pro-
portion, we should be the most satisfied persons in the world. But
what discourages us most is to see now ^the gentlemen of the House
of Commons (for some mistaken interest) are set against us. It
may often be in their power to ruin all the plantations unless the
King interpose. Those that persuade the King that the duty will
fall only on the expender argue well, supposing that no other nation
made sugar but ourselves. But when we consider that the French,
Dutch, and Portuguese are all our competitors, and that the chief
vent for our own is in foreign markets (which, by this additional
duty, will be lost to us), all their reasoning is invalid, and tends
only to destruction of the plantations. The short of it is, that
Virginia receives a mortal stab, Barbados and the Islands fall into
a hectic fever, and Jamaica into a consumption. These are my
private thoughts, though I tell others not to be discouraged, for
the more we pay to the King the surer we shall be of his protection.
But our great hope is that the King will not pass it, for when the
Ministers consider that, in consequence of this duty, no more white
sugar can be imported, so that in seven years the revenue will be
much less than it was before the additional duty, while the only
advantage thereof will be to the refiners, and the ruin of the planta-
tions will inevitably follow, we have reason to hope that the Act
may not pass, or that an equivalent duty, less disadvantageous to
the public, may be substituted.
Captain Mitchell is just come in from Carthagena. He reports
that the Governor was not very civil, and would not permit him to
deliver his letter with his own hand, but forced him to negotiate by
letter. This may have led to misunderstanding, but the sum of
all is that the Governor refused to restore the prisoners, as they
were taken by order of the General of the galleons as being no
AMERICA AND WEST INDIES. 85
1685.
otherwise than pirates. They are therefore under the jurisdiction
of the General, who is now at Porto Bello, and intends to take
them, to Spain. He added that, were they under his. own juris-
diction, their treatment would be the same, that they were fortunate
to be employed on the walls and to receive good meat and drink,
with a good deal of stuff to the same purpose ; which was unneces-
sary, considering that I pleaded not for pirates but for simple
traders. I hope to send you copy of my instructions to Captain
Mitchell. He reports that the pirates in the South Seas are in
great distress, the Indians having turned against them. They
wander from place to place in seven ships, which are in too ill repair
to sail to European seas. When last heard of there was a squadron
of ships in pursuit of them. It is also certain that fifty men, Eng-
lish or French, were decoyed into the country and massacred by
Indians, who sent their heads to Carthagena. I hope soon to hear
from you, for the truth is that we shall have a failure of justice
unless I receive power to issue new commissions to the judges. The
jails are so full of criminals that the Marshal complains that he
cannot secure them. Signed, Hder. Molesworth. Holograph. 9
pp. Endorsed. Reed. 2 Nov. 1685. [Col. Papers, Vol. LVI.,
No. 44, and Col. Entry BL, Vol. XXXI., pp. 87-102.] Annexed,
339. i. Lieutenant-Governor Molesworth's orders to Captain
David Mitchell, H.M.S. Ruby. To sail to Carthagena and
ask the Governor for restitution of prisoners and sloops
seized on pretext of piracy ; and in case of failure to lodge
a protest. Dated, 4 August 1685. Copy. 2 pp. Inscribed
and endorsed. Reed. 2 Nov. 1685.
339. n. The same fo the Governor of Carthagena. Asking resti-
tution of the said prisoners and sloops, but disclaiming all
wish to protect pirates. Dated, 4-14 August 1685. Copy.
li pp. Endorsed. Reed. 2 Nov. 1685.
339. m. Address of loyalty to the King from the Lieutenant-
Governor, Council, and field officers of Jamaica. Large
sheet, inscribed. Reed. 2 Nov. 1685. Copied in Col. Entry
Bk., Vol. XXXI. , pp. 77-79. [Col. Papers, Vol. LVL,
Nos. 44 i.-in.]
Aug. 29. 340. Minutes of a Council of War held at Jamaica. The
Governor, Council, and field officers agreed to a loyal address to the
King. Copy of the address. [Col. Entry Bk., Vol. XXXVI., pp.
92-93.]
Aug. 30. 341. Clause inserted in the new instructions to Lord Howard of
Effingham. To demand the surrender of George Talbot by Mary-
land, whether tried or untried, for trial by a special commission }f
oyer and terminer. [Col. Entry Bk., Vol. LII., p. 105.]
Aug. 30. 342. Instructions to Lord Howard of Effingham as Governor of
Windsor. Virginia. A clause forbidding presentation to a benefice without the
Bishop of London's certificate ; a clause directing report of several
Acts of 1676 ; a clause authorising a claim for the delivery of George
86 COLONIAL PAPERS.
1685.
Talbot in the King's name, whether tried in Maryland or not, a com-
mission of oyer and terminer for his trial in Virginia being pre-
pared. Countersigned, Sunderland. [Col. Entry Bk., Vol.
ixXXIIL, pp. 20-61.]
[Aug. 31.] 343. Answers of Richard Bysshe to Governor Cony's charges
in his letters of June 4 (see No. 210). Endorsed. Eecd. Aug. 13
85. [Col. Papers, Vol. LVI., No. 45.]
[Aug. 31.] 344. Answer of the same to the Attestation of William Peniston.
Undertaking to prove his case against Governor Cony. lj pp.
Endorsed. Eecd. 31 Aug. 1684. [Col. Papers, Vol. LVI., No.
46.]
Sept. 1. 345. Minutes of Council of Barbados. Orders for various pay-
ments to gunners, and for work and material for fortifications.
The Assembly attended the Lieutenant-Governor, who pointed out
the absolute necessity of provision for the fortifications, especially
of those to leeward. He also reported that the new magazine was
finished ; that the fortifications of St. Michael's stand well consider-
ing the encroachment of the sea ; and that the new brass pieces
from England were not yet mounted for want of suitable timber.
Address of the Assembly to the Lieutenant-Governor begging his
intercession with the King against the additional sugar-duty. A
joint Committee appointed to fulfil the ends of the address. The
Speaker reported that they were raising a levy on negroes for
present needs, and would in time find other expedients to meet the
wants of the country. Adjourned to 3rd. [Col. Entry Bk., Vol.
XI., pp. 619-642.]
Sept. 1. 346. Journal of Assembly of Barbados. Address to the
Governor asking his assistance in obtaining relief from the addi-
tional sugar-duty carried. Vote of 1,OOOZ. carried for payment of
matrosses and poor people employed on the fortifications, the sum
to be levied by tax of 7\d. per head of negroes. John Waterman,
William Forster, John JJavies, and John Mills appointed of the
joint Committee to draw up a petition to the King for remission
of the additional duty on sugar.
Sept. 2. The tax per head increased to ninepence.
Sept. 2. Bill for a levy on negroes, and bill to prevent trading with negroes
read and passed. Adjourned to 15th. [Col. Entry Bk., Vol. XIV.,
pp. 113-116.]
Sept. 2. 347. Journal of Lords of Trade and Plantations. The case of
Lord Baltimore and Mr. Penn as to their boundaries was heard, and
adjourned to 30th inst.
Sir Philip Howard and the members of the African Company
attended. Ordered that the Company draw up proposals for the
supply of negroes. Petitions of John Thorp and John Banckes
read (see Nos. 348, 349). Order for them to be delivered to Lord
Sunderland.
The report of the Commissioners of Customs as to Barachiah
AMERICA AND WEST INDIES. 87
1685.
Arnall to be sent to the Lord Treasurer. [Col. Entry Bk., Vol.
CVIIL, pp. 188-190.]
[Sept. 2.] 348. Petition of John Thorpe and James "Wall to the King and
Privy Council. Praying for redress for the capture of the sloop
James by the pirate Yankey off the coast of Carthagena (see Nos.
258, 259). A detailed account of the case. 2\ pp. [Col. Papers,
Vol. LVI., No. 47.]
[Sept. 2.] 349. Petition of John Banckes to the King and Privy Council.
Praying for redress for unjust detention of the pink St. George, by
the Government of Petit Guavos. 1 p. Endorsed. Received 2
Sept. 1685. Memo. That this and foregoing petition were de-
livered to Lord Sunderland, to be sent to the envoy at Paris. \Col.
Entry Bk, Vol. XXXI., pp. 83-84, and Col. Papers, Vol. LVT. }
No. 48.]
Sept. 2. 360. Edward Randolph to Lords of Trade and Plantations. I
annex a list of persons fit to be employed in the temporary Govern-
ment of Massachusetts Bay, that you may select as many as you
think necessary. I beg that the Commission prepared by Mr.
Blathwayt may be read before the Committee enters on the business
of Lord Baltimore and Mr. Penn. A great part of the time-limit
for serving writs on Rhode Island and Connecticut is lapsed, and it
is time that I were despatched forthwith to New England. Signed,
Ed. Randolph. Holograph. 1 p. Annexed,
350. I. Names of well-disposed persons for the Council of Mas-
sachusetts Bay. One President, one Deputy-President,
and eighteen to be of the Council. 1. Joseph Dudley,
Simon Bradstreet ; 2. William Stoughton ; 3. Peter
Bulkeley; 4. John Pyncheon; 5. Richard Wharton; 6.
Waite Winthrop; 7. Nathaniel Saltonstajl ; 8. Bartholo-
mew Gidney; 9. Jonathan Ting; 10. John Usher; 11.
Dudley Bradstreet (son to the Governor) ; Hinkman ;
12. The Secretary. In tjhe Province of New Hampshire.
13. Robert Mason ; 14. John Hinks. In the Province of
Maine. 15. Francis Champerndun ; 16. Edward Ting;
Edward Blackman. Narragansett Country. Edward
Palmer ; 18. Richard Smith; Francis Brinley. The
numbers seem to indicate the rank according to which the
individuals were rated by Randolph. 1 p.
350. 11. Names of fitting persons to be of the Council of the
Colony of Charlestown Bay, New England. Simon Brad-
street, Joseph Dudley,* William Brown, sen.,* Nathaniel
Saltonstall, Richard Wharton, William Stoughton,* Jona-
than Ting, Peter Bulkeley,* John Pyncheon, sen., Waite
Winthrop, Bartholomew Gidney, Edward Randolph,
Secretary. Names marked * have against them the words
put out or out.
Towns to have liberty to choose Assembly-men. The
number indicates the number of members allotted to each.
88 COLONIAL PAPERS.
1685.
Boston 3 Salem 2
Ipswich 2 Newbury )
Salisbury 1 Andover j"
Braintree 1 Hingham 1
Windsor >..
Springfield ....
Weymouth 1
Rowley
Beverley
Cape Ann
Ladley
Northampton
Doncaster 1 Charlestown
iRoxbury i Maiden
Lynn
Marblehead
10 10
350. in. New Plymouth Colony. Persons to be of the Council :
Thomas Kinckley, John Walley, Thornes, Lathrop,
William Bradford, Richard Burton, Benjamin Church,
Secretary.
Towns to choose Assembly-men.
Plymouth 1 Marshfield } ,
New Bristol 1 Dunkery f
S. (?) 2 Taunton 1
Sandwich .,... 1 Barnstable 1
Swansea .\. . . 1
Province of Maine.
Council: Champernoun, Edward Blackman, John Shap-
leigh, Edward Ting, Sam. Wheelwright, Edwd. Rush-
worth, Secretary.
Towns to choose Assembly-men.
York 2, Wells 2, Casco Bay 1, Kittery 2, Kennebec 1.
1 p. Endorsed. [Col. Papers, Vol. LVI., Nos. 49-49
i.-m.]
Sept. 2. 351. William Blathwayt to Sir William Stapleton. The King
pardons Barachiah Arnall the forfeiture of his ship and bond (see
No. 29T). Draft, p. Endorsed. [Col Papers, Vol. LVI ,
No. 50.]
Sept. 2. 352. The same to Henry Guy. To the same effect as the above.
The Commissioners of Customs will report to the Lord Treasurer
accordingly. [Col. Entry Bk.', Vol. XLVII., p. 194.]
Sept. 3. 353. Minutes of Council of Barbados. Order for surveyors to
give an account of the acres in each parish to be taxed for repairing
the way to St. Michael's. Act for a levy on negroes brought up by
the Assembly and passed. Act to prevent persons from trading
with negroes presented. Adjourned to 15th. [Col. Entry Bk., Vol.
XI., pp. 642-3.]
Sept. 3. 354. Acts of Barbados, 3 June to 3 September 1685.
Act to confirm the lease of Fontabelle.
Act to continue expiring Acts.
AMERICA AND WEST INDIES. 89
1685.
Act for a levy on negroes.
Act to prevent trading with negroes.
Act for settlement of the Militia.
Act for an impost on imported liquors.
Act concerning Attorneys.
Act for commutation of the four and a half per cent. duty.
Act for a present of 100Z. to Captain Jones.
These last three Acts are in Vol. XVI. only. [Col. Entry Bk., Vol.
XIV., pp. 57-105, and Vol. XVI., pp. 101-143.]
Sept. 4. 355. Journal of Assembly of Nevis. Act concerning the fortifi-
cations read and passed by the Council and Assembly. [Col. Papers,
Vol. LVI., No. 43.]
Sepi 8. 356. Articles agreed upon between the English in New Hamp-
shire and the Indians inhabiting that province. Lasting peace.
Indians injuring English to be punished by the Sagamore, English
injuring Indians by any justice of the peace. Indians to warn
English of any Indian conspiracy. English, while the peace con-
tinues, to protect Indians against Mohawks or other tribes. Indians
not to leave English plantations with their wives without timely
notice ; if such notice be not given, it will be understood that the
peace is broken, and the English shall have right to apprehend the
Indians. Signed, Robert Mason, Walter Barefoot, Francis Hooke,
JoHn Davis, Robert Elliott, Henry Green. Signed, Winnolancet,
Mesandowit, Netambonet, i^ancomagus, Wahowah, Tecumorissick,
TJmbesnowak, Upsawah, Baggeson, Higgon, Newcone, Josias,
Robin, Nomeny, Joseph, Ned. Copy, certified by Richard Cham-
berlain. The marks against the Indian names are all different, and
evidently carefully copied from the original. The five names, Joeias,
etc., to Ned, are written against those of Tecumorissick and the four
following Indian names, and having no marks against them, appear
to be simply English appellatives applied to those Indians. The
whole 1 p. Endorsed. Reed, from Mr. Mason, 30 July 1686. [Col.
Papers, Vol. LVI., No. 51.]
Sept. 9. 357. Journal of Lords of Trade and Plantations. The Lords
recommend the immediate despatch of Lord Howard's instructions,
together with a copy of the Commission, which the King approved.
A draft grant submitted by Mr. Wharton was referred to the
Attorney-General.
Petition of Richard Young read (see .ZV0.-J.76). Order that he be
furnished with copies of the proceedings against him.
Draft Commission for the Governor of Massachusetts, New
.Hampshire, and Maine considered. The Lord President desired
to ask the King as to calling Assemblies for making laws, and as
to inserting a clause for liberty of conscience. Mem. The King
replied that no mention should be made of an Assembly in the
Commission.
Mr. Bysshe, Mrs. Cony, and Mrs. Oxford were called in. The
Lord President was directed to represent that Mr. Bysshe and Mrs.
Oxford should be discharged from their bail, as Governor Cony
was faulty in his directions to the Commander of the ship that
brought them over, and to ask for the signification of the King's
90 COLONIAL PAPERS.
1685.
pleasure on the whole state of Bermuda.
Memorandum of letters despatched and received. [Col. Entry
Bk., Vol. CVIII., pp. 191-197.]
[Sept. 9.] 358. Deposition of Sir John Witham. On arrival of the King's
order for my release, dated 28 March, I asked for liberty and to be
restored to (Jouucil. Sir Ricnard Dutton said 1 should never be a
member of Council, and soon after obliged me to enter into much
stricter recognizances than the order required. The Council
empowered me to take depositions before any of them, but whereas
the King had ordered execution against me to stop, the Council
ordered only proceedings to stop. Mr. Quintyne and Mr. Hallett
then issued summonses to witnesses (see Nos. 242, 244), at which
Coionei Wairond and Mr. Jlothersali took offence. Sir Richard
Dutton summoned a Council. Mr. Quintyne sent me word that he
was threatened to be hanged for granting the summons. The day
before my witnesses were to be heard, one of them, John Shaw, was
carried off by an unusual warrant from Sir Timothy Thornhill (see
No. 249), and next day Mr. Quintyne did not keep his appointment.
The Governor and Wairond commanded their witnesses to attend
in the King's name, whereas mine attended chiefly at my expense
and persuasion. On 26th June I addressed myself to the Commis-
sioners appointed by the Council, of whom two, St. John and
Walley, tried to ensnare my witnesses. Colonel Hallett told me
he dared not take depositions. The 25th and 26th June were
appointed by Wairond for taking evidence, but he only cross-
examined my witnesses. On 1st July some depositions were taken
for me. but others were refused, and Mr. Hannay was persuaded to
omit half of his eVidence. Several of my witnesses durst not appear,
and two others, Judge Wairond and Mr. Stede, were sick ; thus
the depositions of fourteen of my witnesses were not taken, and
several persons told me that they were so discouraged they could
not appear for me. Two assistants to the Judge of Common Pleas,
two justices and another in military office, were turned out because
they were well wishers of mine. Mr. Gascoigne and Mr. Quintyne
told me they had received unkind language and threats from Sir
R. Dutton because the former would not be a Commissioner in the
manner appointed. Signed, Jno. Witham. 51 pp. Inscribed.
Used. 9 Sept. 1685. [Col. Papers, Vol. LVl., No. 52.]
[Sept. 9.] 359. Abstract of depositions on Sir John Witham's behalf, viz.,
of John Shaw, Sir John Witham, and Ralph Lane (see Nos. 256-258,
336). 6i pp. Endorsed. {Col. Papers, Vol. LVI., No. 53.]
[Sept. 9.] 360. Draft of a grant of Pojebscot, New England, to Richard
Wharton. 4 pp. Endorsed. Reed. 26 Aug. 1685. Read in
Committee, Sept. 9 1685 and 10 June 1686. Referred to Sir
Edmund Andros. Endorsed on the other side. A reference of the
draft to the Attorney-General for his opinion. Signed, William
Blathwayt. 9 September 1685. Below. Minute of the Attorney-
General. That the draft contains nothing unfit for the King to
grant. Signed, R. Sawyer. 1 May 1686. [Col. Papers, Vol.
LVl., No. 54.]
AMERICA AND WEST INDIES. 9]
1685.
Sept. 9. 361. Draft of the reference by William Blathwayt abstracted
above. Scrap. [Col. Papers, Vol. LVI., No. 55.]
Sept 9. 362. Lords of Trade and Plantations to Lord Sunderland.
Council Recommending the immediate despatch of the new instructions to
Chamber. Lord Howard of Effingham, with a copy of the Commission, which
remains unpassed owing to the death of the Lord Keeper. [Col.
Entry BL, Vol. LXXXIII., pp. 61-62.]
Sept. 9. 363. Lords Proprietors of Carolina to Governor Joseph West.
Whitehall. We understand that, notwithstanding our orders of 21 June 1672
and July 1683, Mr. Maurice Mathews and Mr. James Moore are
ciiosen Councillors, in the room of Mr. Andrew Perceval and Mr.
Bernard Skenking. Mr. Perceval has not been absent two years,
and how Mr. Skenking has ceased to be of the Grand Council we
know not. This choice, too, has been made, not by ballot (as pro-
vided in our fundamental Constitutions), but by open voice and by
surprise, and when there was not the full proportion of members
to sit in the House that Colleton County ought to have chosen. Mr.
Maurice Mathews, one of the persons thus illegally chosen, and Mr.
John Boone are admitted to be deputies, though not the eldest men
in age of those chosen by the Commons. This- illegal choice is not
to be permitted, it being an encroachment on the people's liberties
of choice, nor can we suffer men who have, for disobedience, been
dismissed from all civil and military employment to be thus
irregularly and by a trick imposed upon us as deputies. You
will therefore not permit Mathews nor Moore to sit in
the Grand Council, but if there be a real vacancy there-
in, you will direct a new choice to be made by ballot
when the vacancies of the members chosen for the two
counties are by new writs filled up. Nor will you permit either
Mathews or Boone to sit as deputies, the one being not legally
chosen of the Grand Council and neither of them the eldest in age
of those chosen by the Commons. We positively order that they
be put out from being deputies, and that you appoint others in
their room. And as inconvenience may arise through the absence
of too many of the Grand Council of the Commons' choice, the
Governor will in future choose a person to supply the place of any
member who has left the province, who shall sit and act as a
member of the people's choice until the return of the absent mem-
ber. Many have hinted to us that there is great disorder in the
debates of the Parliament and Grand Council, owing to the bois-
terous behaviour of some of the members. You must know that
it is the method of Parliament that no member speak above once
to the same matter, unless the House be turned into Grand Com-
mittee, and that every man is to speak in his time ; of which the
Speaker is the judge. In the Grand Council the Governor is to be
judge. If two or more rise together, and if any man behave him-
self rudely and disorderly, and does not amend upon your first
admonition, we would have you (unless he be one of our deputies)
put the question by ballot to expel him the Council. If he be a
deputy of ,ours you will report him to us. We sent you an Act
against pirates, which we hope is passed. If not, let us know the
reason, and who are the obstructors of it. Since writing the above,
92 COLONIAL PAPEfcS.
1685.
we hear that Mr. Sk'enking was put out of the Council for mis-
demeanour. If this was done by a vote by ballot, it is well ; but
if by vote by open voice you will restore him as not legally put
out, and, if he be really guilty, the vote may be repeated by ballot.
Complaint has been made to us that many new-comers have been
undone by being put upon duty as soldiers, and compelled to con-
tribute largely to other charges before they have been a year in the
country or have been able to provide houses or clear land for the
subsistence of their wives and families. . This we think hard. New-
comers should be eased of military duties except in case of actual
invasion. Signed, Craven, Shaftesbury, P. Colleton, S. Sothell,
Tho. Amy. [Col. Entry Bk., Vol. XXII., pp. 64-66.]
Sept. 10. 364. Lords Proprietors of Carolina to Governor Joseph Moreton.
We have been informed of irregular proceedings in tne choice of
members of the Grand Council (see preceding abstract), and have
given our orders thereon, which you will see obeyed. You will dismiss
Mathews and Boone, and appoint other deputies in their stead ; and
you will discharge them from all offices, civil and military, in the
gift of the Governor or Palatine's Court. If they persist in trans-
porting Indians, you will indict them. We hear that Mr. Richard
Morgan and Mr. William Brockhouse are men well qualified for the
public service of Carolina. You are empowered to grant them land
enough to make up their holdings to 500 acres. You will take all
imaginable care that no pirates or privateers be received in Caro-
lina. If any harbour them or trade with them you will try them
according to the Act sent to you, if it be passed. If it be not
passed, you will send us depositions, that they may be tried in some
other place. You will take care that the Acts of Trade and Navi-
gation are observed, remembering that they do not prohibit persons
and provisions to be brought in English ships from Ireland or Scot-
land, provided they be of the growth of the kingdom where they
are loaded. You will see that the penalty of a Governor for wil-
fully permitting vessels to infringe the Acts is a fine of 1,OOOZ.
Complaint has been made to us of ill men in Carolina who encourage
seamen to call upon masters for their wages, and, if the masters
cannot speedily procure the money, proceed to the condemning of
the ship, which is sold for a song. This is a barbarous practice.
You will moderate complaints between masters and seamen, so that
no hardship fall on either, and you will report to us the names of
the men who have encouraged the aforesaid practice. Signed,
Craven, Shaftesbury, P. Colleton, S. Sothell. [Col. Entry Bk., Vol.
XXII.,pp.W-68.-]
Sept. 10. 365. Lords Proprietors of Carolina to [Governor Joseph More-
ton ?]. We hear that many good substantial men have lately
become inhabitants of the Colony. You are therefore empowered
to notify to Parliament that it is our pleasure that they make a new
choice by ballot of a number of persons equal to our deputies to be
of the Grand Council. You will enquire how Mr. Robert Quarry
and Mr. Stephen Bull have carried out our instructions as to land-
grants, and on the evidence of disobedience will suspend them and fill
up their places. If either of them should be a deputy when sus-
AMERICA AND WEST, INDIES. 93
1685.
pended from office you will suspend him from being deputy also
and fill up the vacancy according to our instructions. Do not sus-
pend them except for just cause, but we insist that our lands shall
not be disposed of except according to our methods. Signed,
Craven, Shaftesbury, P. Colleton, S. Sothell. [Col. Entry BL, Vol.
XXII., p. 69.]
Sept. 14. 368. Minutes of Council of St. Christopher's. Petition of
French inhabitants to be taxed for ammunition instead of furnish-
ing labour to the fortifications. Referred to Colonel Thomas Hill
and eight of the Council, on whose recommendation the petition
was agreed to. [Col. Entry BL, Vol. XLVIII., pp. 41-43.]
Sept. 14. 367. The Deputy-Governor, Council, and Assembly of Barbados
to Lords of Trade and Plantations. Our deplorable condition leads
us to beg you to consider the great charge we are at in the making
and producing of sugar, our staple commodity. We say no more
of our difficulties and risks here, but refer you to the enclosed paper,
wherein our hard state is clearly set forth. We are most of us so
much in debt and make so little of our commodity when sent to
market that we have no hope of clearing our estates. This makes
us unable to bear the burden of the late additional duty on sugar ;
which, though appointed by the Act to be paid by the first buyer
in England, will wholly fall on the first maker of it in Barbados,
as we know already by woful experience. Sugar that at the
beginning of the year was sold here at 13s. 6d. to 14s. the hundred-
weight, will not now make more than Ss. We beg you to lay our
representation favourably before the King. Signed, Edwyn Stede,
John Hallett, John Peers, John Hothersall, John Gibbes, Tho.
Walrond, Robert Davers, Tim. Thornhill, Stephen Gascoigne.
Assembly. John Reid, Speaker; Will. Forster, Jno. Codrington,
Jo. Davies, John Waterman, John Farmer, Michael Terrell, Paul
Lyte, E. Binny, Rich. Elliott, Abel Alleyne, Jon. Leslie, Sam.
Lambert, John Mills, Sam. Smith, Ric. Barrett, Richard Salter.
2 pp. Endorsed. Reed. 13 Nov. Read 14 Dec. 1685. Annexed,
367. i. A Moderate Calculation of the Charge and Produce of a
Plantation in Barbados containing one hundred acres.
The annual cost of such a plantation, including interest at
five per cent, on capital outlay for land, buildings, and
machinery, wear and tear, teams (five horses and eight
cattle), labour (seven white servants, forty negroes, arti-
ficers), and parochial taxation is 745Z. 10s. Qa. Of the
hundred acres, but forty can be brought into computation
of the annual crop, eighteen months being required for the
canes to attain maturity, and twenty acres being required
for provisions, pasture, etc. Th/> average produce is 2,000
Ibs. of muscovado per acre, which, at ten shillings per
hundredweight, added to rum and molasses, gives 540?.
as the worth of the produce. Thus the profits are
short by over two hundred pounds of the expenses ; but
the land was bought and the buildings were erected in
many cases during better times. Those who have not
94 COLONIAL PAPERS.
1685.
paid for them will soon be mined. Our calculation is not
exaggerated, for such an estate as we speak of could hardly
be bought for less than 4,(JOO?, which in England, at six
per cent, would bring in 240?., and in Barbados, at ten
per cent., 400?. We have also undervalued the cost of
teams, labour, and annual expenses, and we have over-
valued the produce. Again, of 80,000 Ibs. of sugar for
London, but 70,000 of neat sugar can be put on board
ship, owiner to the following rates. Seventy hogsheads
cost 4,900 Ibs. of sugar ; four and a half per cent, duty
amounts to 3,150 Ibs. ; storehouse and shipping charges
amount to 1 ,950 Ibs. Total, 10,000 Ibs.
Thus the eighty thousand pounds becomes seventy
thousand in the shipping, and this, by wastage and pilfer-
age of seamen and storehouse-keepers in London and
allowances to the buyer, is reduced to 58,300 at most,
which at 20s. per hundredweight produces in sterling but
583?., from which must be deducted for freight,'
duty, insurance, commissions, and other charges, 168?.
9s. Gd., reducing the produce to the planter for his
80,000 Ibs. of muscovado to 414?. 11s. Qd. It will now be
seen how impossible it will be for us to live if the new
duty be imposed, which will lower the ten shillings which
we now receive to seven. Again, we have omitted from
our calculations all the risk of weather, of cane-fires, and
of misfortune at sea; to which the knavery of buyers is
often added. Moreover, our public expenses are increas-
ing, notably owing to the cost of fortifications. Until this
new duty we had some remedy against depression by clay-
ing our sugars, but we shall lose this unless relieved, for
by improving muscovado into white sugar we lose more
than a third of the weight, to say nothing of preliminary
expenses. It does not bring twice the value of muscovado,
yet the duty thereon is triple of that on muscovado. This
will ruin many skilful planters who have become farmers
of plantations. Again, we have been obliged to discharge
our hired servants, who were a great safety to the Island,
v. since they formed most part of the Militia and curbed our
negroes and white servants, which last, being the sweep-
ings of the jails, will be a danger to England if they return.
We would point out also that not only the planters here,
but the retailers and " consumptioners " in England will
suffer from the new duty. We beg consideration. 10
closely written pp. Endorsed. [Col. Papers, Vol. LVI.,
Nos. 56, 56 i.]
Sept. 15. 368. Minutes of Council of Barbados. The joint Committee
brought up the calculation of the expense of a plantation to be
annexed to the address to the King. The address in question. The
letter of the Council and Assembly to the Lords of Trade and Plan-
tations (see preceding abstract). [Col. Entry Bk. } Vol, XI., pp.
644-652.]
AMERICA AND WEST INDIES.
95
1685.
Sept. 15. 369. Journal of Assembly of Barbados. Order for the penalties
on absent members to be enforced.
Sept 16. The address to the King on the additional duty on Sugar
read and passed. Copy of the address and its enclosure
(see No. 367). Letter' to the Lords of Trade and Planta-
tions read and passed. Letter to Mr. Blathwayt, entreat-
ing his good offices in the remission of the additional duty,
read and passed. Letter to Sir Richard Button, to the same effect,
read and passed. Letter to Sir Peter Colleton to the same effect,
with copies of the address and enclosure, read and passed. An
address for the Marshal's salary passed. Adjourned to 24 Novem-
ber. [Col. Entry BL, Vol. XIV., pp. 116-135.]
Sept. 17. 370. Depositions of [name lost] and Richard Sanders as to land
Bermuda. i n dispute between Stephen Ingham and Nicholas Hide in Bermuda.
Top edge damaged. 1 p. [Col. Papers, Vol. LVI., No. 57.]
Sept. 18. 371. Governor Dongan to the Earl of Sunderland. We gladly
New York, received your letter of 26th June, announcing the defeat of the
rebels. It came very seasonably to give us a true account of the
rebellion amid all the malicious and factious reports that reached
us from Boston. In my opinion the King cannot do better than
send his Governor thither with all expedition. It would certainly
alter the way of that people very much for the better, and the
Government would, with discreet management, soon afford a revenue
more than sufficient to maintain itself. I have a very exact char-
acter of those people, and cannot hear of many that are honest and
loyal, except Dudley, Shrimpton, Wharton, TJsher, McCarthy, and
a few more. The place is composed most of strangers, and there are
few or none of ill principles. If any of the English be so, they
have the wit to conceal it. We want a new seal much, the people
being anxious to have the King's seal set to their patents, etc.
Signed, Tho. Dongan. Endorsed. Reed. 22 Dec. 85. 1^ pp.
Printed in New York Documents, III., 364. [Col. Papers, Vol.
LVI., No. 58, and Col. Entry BL, Vol. LXVIII., pp. 83-85.]
Sept. 19. 372. Minutes of Council of Jamaica. The King's letter of 26
June read (see No. 253). The Council desired the Lieutenant-
Governor to express their gratitude for the same. The King's
proclamation of 11 July read. Ordered that it be read in all
Churches on Sunday next, and that the 24th instant be observed
as a day of thanksgiving. The Council a-greed to a congratulatory
address to the King on the suppression of the rebellion. Copy of
the address. Order for recalling and paying off all parties of men
in pursuit of the rebel negroes, Captain Davis being now in pursuit
of them. Order for remitting half a year's salary to Mr. Blathwayt.
Adjourned sine die. [Col. Entry BL, Vol. XXXVI., pp. 87-89,
and pp. 100-102.]
Sept 20, 373. Warrant of Lords Proprietors of Carolina for grant of 3,000
acres of land to James le Bas. Signed, Craven, P. Colleton, S.
Sothell. [Col Entry BL, Vol. XXII., p. 70.]
96 COLONIAL PAPERS.
1685.
Sept. 21. 374. Deputy-Governor Stede to Lords of Trade and Plantations.
Barbados. "We have been much troubledHBy ill weather and a very sickly time
of fevers and small-pox, of which great numbers have died. On
the 1st instant the Assembly met, to whom I commended the com-
pletion of the new forts which, unless speedily finished, would be
spoiled, pointing out that the Excise was at present so overcharged
by expenses of gunners and artificers that it would not avail to pay
for unfinished forts. But the Assembly was unwilling to raise any
money, from fear of the new duty, which has lowered the value of
all kinds of sugar here. On my further importunity, however, they
readily agreed to levy a tax of ninepence a head on young and old,
which will bring in 1,50(M. or 2,OOOZ. God be thanked we are in
perfect peace and quiet, but the Assembly has adjourned for nine
weeks, in consequence of the sickliness. Their great comfort is the
hope that their representation to the King may cause a means to
be found to relieve the planters from the burden of the additional
duty. Holograph. 2 pp. Endorsed. Reed. 9 Nov. Read 14
Dec. 85. [Col. Papers, Vol. LVI., No. 59, and Col. Entry BL,
Vol. VII., pp. 339-40.]
Sept. 21. 375. Minutes of Council of Barbados. Order for payment of
30. to Sir Peter Colleton for the expenses of presenting the address
to the King. Adjourned to 27th of October. {Col. Entry Bk., Vol.
XI., p. 653.]
[Sept. 22.] 376. Account of military stores in Virginia. 4 long pp. in two
columns, marked, Jleceived. Disposed. Endorsed. Reed. 22
Sept. 85. {Col. Papers, Vol. LVI., No. 60, and Col. Entry BL,
Vol. LXXXIII., pp. 65-75.]
Sept. 23. 377. William Blathwayt to Henry Guy. Forwarding bonds
from the Naval Office of Jamaica for the Commissioners of Customs.
{Col. Entry BL, Vol. XXXI., p. 71.]
Sept. 25. 378. Lieutenant-Governor Molesworth to William Blathwayt.
Jamaica. The King's letter of 26 June was most gratefully received by us,
as well as the news of the defeat of the rebels. The 24th instant
was fixed as a day of thanksgiving, and in the Council was prepared
an address of congratulation. I find that the additional duty on
sugar is much otherwise than we apprehended. We believed that
it was to be paid on all imported sugar without exception ; but,
considering that it is only to be paid on what is expended in Eng-
land, and that our exported sugars are free from it, I incline to the
opinion that it will fall chiefly on the expender. For so much as
is necessary for the expense of England will still be brought up,
and, so long as our exportation is free, it will be in the merchants'
power to place this duty on the consumer. I do not mean that it is
so directed by the Act, but that it ought to fall out so by natural
course of trade ; and if it happen otherwise, it must be for want of
management of the merchants. I am at no small trouble owiujr to
the differences of the rival factors of Porcio and Coymans. The
powers granted to Coymans have been certified to me by the Bishop
of Carthagena, and also by the President of Panama; and one of
AMERICA AKD WEST INDIES. 97
1685.
them requires justice against Porcio's agent. The Courts here are
virtually closed, the judges scrupling to sit under their old Com-
missions ; so Coyman s factor has brought the matter before me as
Governor and Chancellor, to judge of a matter of state and of equity.
The continuance of our negro-trade with the Spaniard depends upon
it, for if our methods of justice are so dilatory and imperfect as to
protect the factors of the late contractors in withholding the effects
of their principals, it can never be expected that they will entrust
their estates to any man here, from whom they cannot obtain the
justice that is granted to them in every other port where they trade.
Besides, it would be a great scandal to us and blame to me if the
trade were lost for such reasons. But I shall proceed with all
caution, so as not to withhold from one party the justice due by our
laws, nor from the other that which is due by the law of nations.
The news that the privateers in the South Seas are in great distress
is confirmed. Their retreat by land is cut off by revolt of the
Indians from them, and they have not ships enough to carry them
all by sea, so we may soon hear that they have been wholly sub-
verted. Grammont's French privateers have taken Campeachy,
but found nothing there but a few parcels of Indian corn. About
five weeks ago a sloop of this Island, which they had impressed,
slipped away in the night. The master reported the men sickly
and short of provisions, and the ships out of repair, so that they
were chiefly concerned how they should get to windward again.
From Petit Guavos we hear that the King of France has lately-
given very strict orders for the recall of all privateers from attack
on the Spaniards, wherein hitherto they have been encouraged.
This looks as though they were to be turned some other way, for
being accustomed to live by rapine and hating honest labour, they
cannot forsake their old practices, and we may find ourselves con-
cerned. But we hope that Before any serious attack can be made
on us the King will have given us a guard of good frigates, or the
plantations "to seaward will be in great danger. There is, moreover,
no enemy that we have such cause to dread as the French.
Just about the time when the first report of Monmouth's rebellion
reached us Captair Charles Hudson uttered, in his drink, some
words that, in the circumstances, were of serious import. He was at
once cashiered, and committed close prisoner in order to his trial ;
but the Judges expect a New Commission before the trial is likely
to be held. For the same reason I have been obliged to bear with
a drunken sot who affronts the whole Government by vilifying the
Commissions and encouraging others to despise our authority. I
have no remedy at present but to commit him close prisoner on
board H.M.S. Ruby. The offender is senior lieutenant of the ship,
one Butler, who commanded her after Captain May's death, but
who since his return to his first station has behaved very mutinously.
Sundry depositions against him I was obliged to slight, not know-
ing how to treat him, but among them is one shewing that when
arrested by the guard he ran the corporal through in two places.
I mention this to show you my difficulties owing to a worn-out
Commission. Captain Mitchell leaves to-morrow for a cruise to
windward. He has orders to seize Banister, as we can now prove
piracy against him. Another of our sloops, impressed by the
1 G
98
COLONIAL PAPERS.
1685.
French privateers, has escaped, and reports that they are going into
Honduras Bay to careen. Signed, Hder. Molesworth. Holograph.
6 pp. Endorsed. Reed. 10 Dec. 85. [Col. Papers, Vol. LVI.,
No. 61, and Col Entry BL, Vol. XXXI., pp. 103-112.]
Sept. 25. 379. Lieutenant-Governor Molesworth to the Earl of Sunder-
Jamaica. land. The Council was transported into a rapture of gratitude by
the King's letter of 26 June. I have written at length to Mr.
Blathwayt. 'Holograph. 2 pp. Endorsed. Reed. 22 Dec.
1685. Duplicate received 13th. [Col. Papers, Vol. LVI.,
No. 62, and Col. Entry Bk., Vol. XXXI., pp. 113-115.]
Sept. 26. 3SO. A receipt for a hundred prisoners attainted of treason, to
be transported by Sir Philip Howard to the Plantations. Signed,
Chas. Campleman, Matthew Kent. Full list of the prisoners'
names, headed, " to be transported from Wells." 2 pp. En-
dorsed. [Col. Papers, Vol. LVI., No. 63.]
Sept. 26. 381. Similar receipt for a hundred more prisoners, brought
from Ivelchester to Wells to be transported. 2 pp. Endorsed.
[Col. Papers, Vol. LVI., No. 64.]
Sept. 27.
Windsor.
Sept. 27.
Winds6r.
382. Commission to Hender Molesworth to be Lieutenant-
Governor of Jamaica. [Col. Entry BL, Vol. XXXI., pp. 69-70.]
383. William Blathwayt to Captain Thornhill. Transmitting
a copy of Bysshe's articles against Governor Cony for reply by his
Agent. Draft. \ p. Endorsed. [Col. Papers, Vol. LVI., No.
65.]
Sept. 27. , 384. Commission for the Government of Massachusetts, New
Hampshire, Maine, and Narragansett by a President and Council.
Joseph Dudley, President. Simon Bradstreet, William Stoughton,
Peter Bulkeley, John Pyncheon, Robert Mason, Richard Wharton,
Waite Winthrop, Nathaniel Saltonstall, Bartholomew Gidney,
Jonathan Ting, John Usher, Dudley Bradstreet, John Hincks,
Francis Champernoun, Edward Ting, John Fitzwinthrop, and
Edward Randolph, Council. President may appoint any member
of Council his deputy. Any seven members of Council may hold
pleas in all cases as well as in pleas of the Crown. President and
Council may give military Commissions. [Col. Entry Bit., Vol.
LXI., pp. 252-258.]
Sept. 385. Proposals offered by Importers of Virginian tobacco to
the Commissioners of Customs. In consideration of our difficulties
we ask (1) that you will dispense us from the prohibition to deliver
tobacco to any retailer till duty be paid, and (2) will take our bonds
for the said duty at three-six months, (3) making us an allowance
for waste, (4) allowing us some discount to encourage our buyers to
pay ready money, and (5) extending the time from importation to
export to twelve months. Signed, Tho. Ellis, Micaiah Perry,
George Richards, Jeff. Jeffreys, Robt. Bristow, Tho. Law, Tho.
Starke, Sam. Deane, John Thornbush, James Gary. 1 p. [Col.
Papers, Vol. LVI., No. 66.]
AMERICA AND WEST INDIES.
99
Sept. 30.
New York.
1685.
Sept. 28. 386. Commissioners of Customs to [the Lord Treasurer?]. We
Custom have considered the proposal of Mr. Jeffreys and several other
House. merchants, importers of Virginian tobacco. We think it will be
for the ease and comfort of merchants to let them fix bond for three-
six months for the whole in lieu of ready money with ten per cent,
rebate, granting them also the four per cent, rebate for waste.
We think that the time of exportation for the buyer may
be extended from four to twelve months, and that merchants may
be permitted to take up their bonds as their circumstances admit,
by discounting the time left unexpired. Signed, Ch. Cheyne, J.
Buckworth, W. Dickinson, T. Chudleigh, N. Butler, Jo. Werden,
D. North. 1 p. Endorsed. [Col. Papers, Vol. LVI., No. 67,
and Col. Entry Bk., Vol. LXXXIII., pp. 104-107.]
387. Governor Dongan to the King. I could not but observe,
on inspecting former proceedings in this province, the tottering
condition to which it was reduced by the malpractices of those who
were entrusted to receive the revenue, had not the present bearer
upheld it by supplying the garrisons. I think it my duty to report
this on his behalf. The accounts having been surveyed and passed,
the sum coming to him appears to be 3,533L 15s. Sd., the greater
part whereof was advanced by his reputation with the inhabitants,
many of whom remain unpaid. Signed, Tho. Dongan. 1 p. [Col.
Papers, Vol. LVI., No. 68.]
Sept. 30, 388. Minutes of Council of St. Christopher's. Proceedings of
a Court of Admiralty against the ships Rose of Boston and Laurel
of New Haven. Proposed by the Assembly that all officers, civil
and military, give an account upon oath of their slaves. Order for
hire of a gunner for the fort at Cleverly Point. [Col. Entry Bk.,
Vol. XLVIII., pp. 43-53.]
Sept. 30. 389. Minutes of Council of Barbados. On receipt of letters
from Whitehall, the Lieutenant- Governor summoned the Council.
Colonel Codrington was sent for, and asked whether he had paid to
Sir Richard ' Dutton the 2,OOOL voted by the Assembly. He
answered that he had paid 1,OOOZ. by bills of exchange and the rest
in money ; but Sir Richard Dutton had lent him 1,OOOZ., for which
he had given him his bond. Order for the Assembly to be sum-
moned on 5th October. The 18th October appointed as a day of
thanksgiving for the defeat of the rebels in England. Adjourned
to 5 October. [Col. Entry Bk., Vol. XI., pp. 653-656.]
390. Commissioners of Customs to [the Lord Treasurer]. The
intention of our report of 28 September (see No. 386) was, that
instead of the method prescribed, each merchant should be allowed
either to receive rebate of ten per cent, for ready money,^or to give
absolute bond for the payment of the money at three-six months.
The errors to which you call attention were due to our copying clerk,
for which we apologise. Signed, J. Buckworth, D. North, Jo.
Werden, N. Butler, W. Dickinson, T. Chudleigh. 1 pp. En-
dorsed. Read 3 June 1686. [Col Papers, Vol. LVI., No. 69, and
Col. Entry Bk., Vol. LXXXIIL, pp. 107-109.]
G 2
Oct. 1.
Custom
House.
100 COLONIAL PAPERS.
1685.
Oct. 1. 391. Warrant of Lords Proprietors of Carolina for a grant of
1,000 acres to Andrew Perceval. Signed, Craven, P. Colleton, S.
Sothell. [Col. Entry Bk., Vol. XXII., p. 71.]
Oct. & 392. Journal of Assembly of Virginia. The Assembly was sum-
moned to the Council Chamber, where a message was read from the
Governor proroguing the Burgesses until the 2nd of November.
[Col. Entry Bk., Vol. LXXXV., p. 267.]
Oct. 5. 393. Minutes of Council of Barbados. The King's letter of 26
June (see No. 253) read. The Lieutenant-Governor desired to
thank His Majesty and congratulate him on the defeat of the rebels,
also to answer the matters contained therein. The 13th of October,
being the King's birthday, appointed to be celebrated as a day of
joy and thanksgiving. [Col. Entry Bk., Vol. XI., pp. 656-657.]
Oct. 5. 394. Journal of Assembly of Barbados. The King's letter of
26 June, on the additional duty on sugar, read. Resolved that the
Speaker pray the Lietttenant-Governor to congratulate the King
on his victory over the rebels. [Col. Entry Bk., Vol. XIV., pp.
135-137, and pp. 141-143.]
Oct. 6. 395. Minutes of a Palatine Court held at Charlestown, Carolina.
Protest of Robert Quarry against the appointment of Bernard
Schenking as High Sheriff of Berkeley County, as a person notori-
ously evil and infamous, who was ejected from the Grand Council
for drunkenness and scandalous behaviour, and fined by the Sheriff's
Court. [Col. Entry Bk., Vol. XXI., pp. 147-148.]
Oct. 8. 396. Governor Cony to the Earl of Sunderland. Since Captain
Phips's departure, I have written to you by several opportunities,
but greatly fear that my letters have not reached you, for I was
obliged to entrust them to inhabitants of this country to Barbados,
Jamaica, and New England, and though I used all imaginable care,
yet I find that my letters have miscarried. This country has long
stood in a tottering condition, and is now nearly fallen to ruin by the
designs of the discontented party. William Righton, Samuel Trott,
Richard Stafford, William Peniston, Anthony White, and others
are so enraged that the King has not left the country to my govern-
ment, that they slight his late Majesty's commission and deny my
power. They say that there is no Governor, and therefore no law ;
so every man may do as he pleaseth. My warrants are disobeyed,
prisoners break out of prison in mere contempt, drums are beaten
by Anthony White to summon the people to draw up articles against
me, and when assembled Richard Stafford tells them that there are
two men, either of whom would govern the country without putting
it to a penny of charge. The great number, however, did not
approve of his proposition, well knowing that he aimed at the
government himself, and had done so many years, so was not to
be trusted. Next they fell to drawing up the enclosed articles
against me, and, this done, their next business was to get signatures,
for many of the Assembly deserted them when they saw the articles.
Then Samuel Trott and Joseph Milbourn (brother to the fifth-
monarchist Milbourn) rode about the country to get signatures, say-
AMERICA AND WEST INDIES. 101
1685.
ing only that it was something for the good of the country, and,
according to their custom against the late Company, they quickly
got hands enough, saying, " Surely the King will credit so many
hands before our Governor. We know he loves a Bermudian in
his heart, as witness his breaking of the Company." The next
step was to raise money to send Samuel Trott and William Peniston
to England with these articles, and to ask for a new Governor, they
being confident that Mr. Burghill and Mr. John Tucker would assist
them, and that their arrears to Mr. Burghill would be paid. Having
found numbers of signatures to the articles, they doubted not of
subscribers to raise this money. The sum demanded was 500?.,
which being thought too much, they asked Samuel Trott to accept
less, which he was willing to do rather than that the good cause
should fail, though he told them fairly that he would not abate a
grant of 300Z., as he could not put himself in any equipage to appear
at Court for less, being obliged to have a new suit every day. On
the day appointed for receiving the 300Z., the company met and fell
at variance among themselves ; some disputed Trott's honesty if
trusted with such a sum, others affirmed that what he wanted in
honesty he would make up in industry, for he was known to them
for years as an active person. Finally they decided to send him
without Peniston. They had subscribed five pounds a man, but
when it came to a deposit of the money they fell from five pounds
to five shillings a man. Whereupon one of them said he would not
subscribe a farthing to such an idle errand, and every man departed
to his house for further consideration. Afterwards Richard Staf-
ford, finding the liberal subscribers grow cold when it came to a
matter of money, told them generously that he would take the
expense upon himself, for he knew that for twenty pounds Mr. John
Tucker would not only deliver their petition and articles, but also
endeavour to procure them a new Governor. He freely proffered
five shillings to the Secretary to write a fair copy of the articles and
subscribe to them. He replied that he had already refused to do
as much for Trott and Peniston,-and would not meddle further than
concerned him. These articles they never shewed me, for my
defence, so that the enclosed copy was procured for me by a friend.
I hope to reply to them* all by the magazine-ship, though I fear that
they may not load her, out of malice to the late Company and un-
willingness to pay their debts, and that they may find freight for
their tobacco otherwise, in order to defraud the King's Customs, as
is their frequent habit. By the judgment of several persons, at
least 100,000 Ibs. weight has been transported to Barbados and else-
where. This is their old trade, and they do not like to be obstructed
in it. Every officer that appears on the side of the Government is
threatened, and stands in danger of his life. The King's slaves
under my command are frequently beaten. Of the twelve Council-
lors chosen by me since the late King's Commission, but four have
any regard for the royal interest, and those four are afraid to speak
their minds or to be seen with me on any public business ; nor can
they advise me what others to choose. Captains Keele and Bascom,
who command the two forts, for which they receive each two shares
of land, refuse my commission, and tell me they will command them
by the late King's Commission, They do not attend to their duty,
102 COLONIAL PAPERS.
1686.
nor ever have ; they live fifteen miles from the forts, seldom visiting
them, but drawing the profit. The result is that ships pass in
between the two forts at all hours of the night, and anchor within
a stone's throw of my chamber window. We therefore lie easily open
to such a surprise as that of Providence last year. Keele and Bascom
were of the Council, and tell me to my face that they will be of
the Council, and have as much right to be so as myself. Another
of the Council, one Lee, and, indeed, all the Council except four,
are leagued with these malcontents. If I ask the Council about
the royal slaves and the Crown lands they will not endure to hear
it, for most of the slaves and Crown lands lie concealed in the
Council's and country's hands, and the whole country is too near
of kin to prejudice their dear friends by declaring truth in the King's
interests. They tell me I must first take an oath, but what oath I
know not. Many of them have refused the oaths of allegiance and
supremacy.
About ten days since I imprisoned a constable, duly elected by
the parish, for refusing to do his duty or serve longer, and for com-
paring Justice Tucker to a Hog and a negro. Several of the country
came down to the prison and carried him off. When any of the
King's subjects turn to this Island they are greatly insulted and
abused. The people endeavour to seduce their men from them for
their own voyages, and to disenable the others. Mr. Bond and Mr.
Vaughan are much disgusted that the land allowed to each of them
by the Company has been taken from them, as also the 40/. a year
formerly granted to them. These two Ministers do ill offices in the
country. Bond declares his bond to be void at the late King's
death. Vaughan, at my first arrival, declared himself of the
Church of England, and said that he had gone to England
on purpose to take orders, but Bond overruled him, and now
both are enemies to the Church of England and to the Govern-
ment, which gives the Quakers occasion to call them hirelings.
The Deputy-Sheriff, Captain Hubbard, takes upon himself to
dispose of those lands how and to whom he pleases, nay, even
to dispossess old tenants whom I had lately placed thereon,
with good security for the rent; and this in spite of the King's
orders to me. He says he will do it, by virtue of his commis-
sion. He acts really under the advice of Stafford and his
son-in-law, Vaughan, without whom he will do nothing. As he is
Provost-Marshal, I direct my warrants to him, but he puts them
aside and sends his own warrants, even to command the justice and
others to appear before him. He likewise takes upon him to be
Treasurer, giving positive orders for the public money to be paid
to him, while for former money collected in the company's time he
would never account, to the great disgust of the inhabitants. He
kept the ready money for himself, and put off the soldiers in the
Castle with his own unsaleable tobacco at his own rates. Contin-
gent expenses are still unpaid, so that no man will stir about any
public business if ordered to receive his pay from the Sheriff. Since
my arrival I have spent nearly twenty pounds, ready money, in
mounting guns and repairing the forts, yet much repair is still
needed, for they have been neglected for years, and would have
been in ruins but for me. What I have done is, far short of what
AMERICA AND WEST INDIES. 103
1685.
I should have done had the country not opposed me. Bysshe and
Trott declared it treason for any man to assist me, though it was all
out of my own purse, and no tax was laid on the country. I hope
the King will see me reimbursed, for I know the country will not.
They say openly that those who employ me may reimburse me, for
the country wants no guns, being fortified by rocks, and that God
has preserved it fourscore years. Still I thought it right to provide
defence against surprise, though I am in great want of ammunition.
There is not a penny stock to buy, nor likely to be at the rate the
country drives at. I wish the King would send over some able
lawyer to sit as judge, and two more to plead the country's causes ;
they would do great service. Small arms are very scarce. The
Company furnished them sufficiently, but the people have sold some
to other countries, and turned others into pestles to beat their corn.
The Militia will not furnish themselves either with arms or ammu-
nition; they say that the King ought to furnish them, as they
cannot afford it. Yet these are landed men, rich both in purse and
shipping. The private exportation of tobacco could be checked by
a royal order forbidding any vessel to load or unload except in St.
George's Harbour, which is before my door and under the muzzles
of my new-planted guns. In any other place they are out of my
sight. The Deputy-Sheriff, Deputy-Secretary, and Deputy-Marshal
should be Englishmen, specially sent out from England, such as know
their duty and will do it ; for the English officers here are one with
the inhabitants, having married into their families. I should be
glad to know if the King would allow these officers the same pro-
portion of land and slaves as in the Company's time. It would be
a means of reducing the people to obedience to take a small quit-
rent of every freeholder, according to his holding. The slaves of
the King's that I can possibly get into my possession would, if sold,
help to pay the Company's debts which the King has taken over.
Unless sold I know not of what use they are beyond a few for the
Governor and his successors. I have not heard from the late Com-
pany. The Secretary's official residence in town is fallen to pieces,
and the present Secretary lives near twenty miles away, so that I
have often to do his work. The late Secretaries should pay for re-
pairing the house, and not the King, for they have made the office
valuable and neglected the house. My own house is falling down.
Ever since my arrival myself and family have been obliged to take
refuge in a neighbour's house in every storm, and to fly for shelter
from room to room in every shower of rain. The public buildings,
civil and military, are much out of repair. The County says, let
them that own them repair them. Lieutenant Jones, of the King's
Castle, and Captain Brangman, of one of the forts, have faithfully
adhered to the King's interest throughout, without much awe of
the country's insolences. They are of the Council, and have taken
their commissions from me, which Keele and Bascom refused. I
hope that the King will continue Jones and Brangman. I am much
indisposed by colds from living in an uninhabitable house, and my
indisposition is increased by the frequent affronts that I receive
from the Deputy-Sheriff and others. Signed, Richd. Cony. Holo-
graph. 5i very closely written pages. Endorsed. Reed. 2 Dec, 85.
[Col. Papers, Vol. LV1., No, 70.]
104 COLONIAL PAPERS.
1685.
Oct. 8. 397. The same to Lords of Trade and Plantations. Practically
a duplicate of the foregoing. 5^ pp. Endorsed. Reed. 1 Dec. 85.
[Col. Papers, Vol. LVI., No. 71, and Col. Entry Bk., Vol. XVII.,
pp. 167-182.]
Oct. 8. 398. Abstract of the two foregoing letters. 3 pp. Endorsed.
[Col. Papers, Vol. LVI., No. 72.]
Oct. 8. 399. A collection of documents enclosed in the two foregoing
letters.
399. i. Deputy-Sheriff John Hubbard to Governor Cony. Sep-
tember 5, 1685. " I desire you not to contradict my letting
of Longboard Island to young Stringer." Half a page
more in the same strain. Below. Order of John Hub-
bard to a searcher to sell all confiscated tobacco for the
benefit of the country. Dated June 3, 1685. Further
small evidences of Hubbard's misbehaviour. The whole.
li pp. Endorsed. Reed. 2 Dec. 1685.
399. n. Duplicate of foregoing.
399. in. Original of the order to the searcher abstracted in No.
399 i. Scrap. Endorsed. Reed. 2 Mar. 85-6.
399. iv. Attestation of Captain William Phips, Henry Yaughan,
and John Bee, that they heard William Keele say that he
would keep Smith's fort, and not give up his commission.
Taken 3 June 1685. Scrap. Endorsed. 1 Dec. 85.
399. v. William Keele to Governor Cony. " These are to desire
you to send some power and mash {powder and match] for
there is not two shouls of powder and no mash at all to
defende the forts withall, which is all from your servant
to his power, Wm. Keele, Commander of Smith's Fort."
Dated 27 July. Certified copy. Scrap. Endorsed.
399. vi. Copy of the articles of the inhabitants of Bermuda
against Governor Cony. (1.) Taking new fees. (2.) Seiz-
ing slaves and goods by arbitrary authority. (3.) Obstruct-
ing trade and navigation, imprisoning during pleasure and
refusing bail. (4.) Bringing vexatious actions, and de-
manding great sums by them. (5.) Affirming that if the
government fall into the King's hands, a share of land will
not be worth a pair of shoes. (6.) On rumour of war with
the Dutch, wasting unprecedented powder. (7.) Imposing
oaths on officers while refusing to take them himself. (8.)
Rejecting advice of the Council, and making laws without
them. (9.) Compelling miserable, poor people to do un-
necessary labour without wages. 1 p. In Governor Cony's
hand. Endorsed. Reed. 1 Dec. 85. [Col. Paper*, Vol,
IVI., Nos. 73 I.-YI.]
AMERICA AND WEST INDIES. 105
1685.
Oct. 8. 400. Journal of Lords of Trade and Plantations. Sir John
Witham's case against Sir Richard Dutton and Henry Walrond was
heard, all three being present. Sir Richard was directed to answer
Sir J. Witham's petition on the 15th insi Sir Richard owned that
he had received money from the Assembly, in spite of the King's
instructions, and that he had not communicated that instruction to
the Council. Mr. Walrond said that he did not remember the com-
munication of any of the late King's instructions to the Council.
The case of Lord Baltimore and Mr. Penn was heard, and
adjourned to the 15th.
Draft of a circular concerning transported rebels approved (see
No. 404).
Mr. Stede's letter of 21 July read, and Colonel Dongan's of 11
August (see Nos. 290, 315).
Memorandum of letters received and despatched. [Col. Entry
BL, Vol. CVIIL, pp. 197-201.]
Oct. 8. 401. Commission from King James to Lord Howard of Effing-
Westminster, ham to be Governor of Virginia. Approved, 3 August 1685. [Col.
Entry BL, Vol. LXXXIII., pp. 1-19.]
Oct. 8. 402. A receipt for a hundred prisoners attainted of high treason,
from Dorchester and Taunton, to be transported to Jamaica or
America. Signed, Chris. Musgrave. 1 p. Endorsed. [Col.
Papers, Vol. LVI., No. 74.]
Oct. 9. 403. Similar receipt for twenty prisoners from Taunton and
Wells. Signed, Thomas Heywood. 1| pp. Endorsed. [Col.
Papers, Vol. LVI., No. 75.]
Oct. 11. 404. Circular. The King to the Governors of Plantations.
Having shewn mercy to some of the late rebels by ordering
them to be transported to the Plantations, we hereby instruct
you that those sent to Jamaica shall be kept there, and
shall serve their masters for ten years, without permission
to redeem themselves by money or otherwise till that term
be expired. You will frame and propose a Bill to the
Council and Assembly for the purpose. Countersigned, Sunderland.
[Col. Entry Bk., Vol. XCVII., pp. 172-174. To Jamaica, Col.
Entry BL, Vol. XXXI., pp. 84-85. To Virginia, Vol. LXXXIII.,
pp. 63-64. To Leeward Islands, Vol. XLVII., pp. 188-189.]
Oct. 12. 405. Minutes of Council of Virginia. Proclamation of a day
of thanksgiving for the King's deliverance and victory over his
enemies. Proclamation against false and seditious rumours. [Col.
Entry BL, Vol. LXXXIV., pp. 217-220.]
Oct. 13. 406. Commission of Oyer and Terminer for the Plantation of
Virginia. Copy. Latin. 2 pp. [Col. Papers, Vol. LVI., No.
76.]
Oct. 15. 407. Articles submitted against Governor Cony by Henry
Bysshe. Four large closely-written pages, in Bysshe's handwriting.
Endorsed. Reed. Oct. 1685. The abstract (see No. 409) gives this
the date of 27 Sept. [Col Papers, Vol. LVI., No. 77.]
106
COLONIAL PAPERS.
1685.
Oct. 15. 408. Governor Cony's answers to the charges of Henry Bysshe.
5 large closely-written pages. Endorsed. Reed. 15 October 1685.
[Col. Papers, Vol. LVI., No. 78.]
Oct. 15. 409. Abstract of the two foregoing papers. In addition to the
charges in No. 399 vr. are accusations of levying money by warrant
before receipt of the King's Commission, assuming the title of Ex-
cellency, imprisoning men who helped to salve the French wrecked
ship, discouraging the old cavaliers and favouring those that fought
against the King, assuming ecclesiastical jurisdiction, etc. Ar-
ranged in parallel pages of charge and answer. 6 pp. [Col.
Papers, Vol. LVI., No. 79.]
Oct. 16 410. Protest of Richard Philips against James Smayles, master
Bermuda. O f the ship Bachelor's Adventure. 2 pp. Endorsed. Reed. 10
May 85-6. [Col. Papers, Vol. LVI., No. 80.]
Oct. 16. 411. Order of the King in Council. That a copy of William
Wfctehall. Dvre's letter (see No. 261) be sent to Attorney-General Sir Robert
Sawyer, who shall consider thereof and cause a quo warranto to be
brought against the Corporation of East New Jersey, for the abuses
therein complained of. Copy. 1 p. [Col. Papers, Vol. LVI..
No. 81.]
Oct. 17. 412. Journal of Lords of Trade and Plantations. Mr. Stede's
letters of 13th and 18th July read (see No. 288). Sir John Witham's
appeal against Sir Richard Button and Henry Walrond. Sir
Richard's answer was read, and a copy ordered to be given to Sir
John Witham.
Petition of Richard Young and Samuel Hanson read (see No. 415)
and referred to the Lord Treasurer.
Lord Baltimore and Mr. Penn were called in. Lord Baltimore
declares that he cannot find the original of a document of 1638
bearing on the dispute, of which he had undertaken to furnish an
authentic copy. The Lords agreed that the tract of land in dispute
did not belong to Lord Baltimore, but adjudged the land called
Delaware to the King. They will however meet again to settle the
boundaries between Lord Baltimore and the King.
Mr. Randolph presented a memorial for flags (see No. 417).
Memorandum of letters received and despatched. [Col. Entry
BL, Vol. CVIII., pp. 202-209.]
[Oct. 17.] 413. Sir Richard Button's reply to the petition and appeal of
Sir John Witham. I know nothing as to Sir John's statement that
he has received a commission from the King as Lieutenant-
Governor, whereby he is entitled to half of my salary during my
absence, but have every reason to believe the contrary, and that he
was Governor only by my deputation. I conceive therefore that
Sir John had no authority to demand the half salary ; but this I
submit to His Majesty. I utterly repudiate so foul a scandal as
that I courted or received a bribe, or that I made any overture to
Sir John for the assignment of any salary or perquisite ; on the
contrary, I refused with disdain the promise of a considerable
reward to interpose between Sir John's faults and the penalty that
AMERICA AND WEST INDIES. 107
1685.
awaited them. The suspension and trial of Sir John were not the
result of any particular conceived displeasure in me, but of frequent
and loud complaints of oppression against him. Nor would I desert
the Deputy whom I had appointed until all classes, from the Council
to the labouring man, complained of his insolence and oppression.
Sir John haughtily threatened the Council, abridged their freedom
of debate, privately altered their judgments and decrees, took false
titles of authority, and arbitrarily erected Courts without consent of
Council or Royal command, merely for his own personal concern-
ment. He threatened to hang a member of Council by Court-
Martial in time of peace, and that in a public house. Ships' cap-
tains complained that goods brought to the Deputy-Governor for
sale were withheld on frivolous pretexts. I was daily vexed with
petitions from men who had been arbitrarily imprisoned for no
crime until they were forced to sign discharges of his debts ; and
suitors complained that their papers had been taken from them.
Sir John, as a lawyer, gave legal advice in cases triable before him-
self ; he appeared in the Court of Common Pleas when his own cases
were trying, overawing the counsel and obtaining precipitated judg-
ments; he subscribed the names of the Council, without their
privity, to an unjustifiable bill of costs ; he made solemn bargains
with indentured servants of others to give them their freedom at
a certain price ; he imprisoned the King's Collectors for attempting
to examine his sugar-cask, in the execution of their duty ; he dis-
couraged honest merchants and protected a foreign trade. When
all these things were proved to me, I yielded to the pressing solicita-
tions for his trial. Colonel Henry Walrond was not appointed pur-
posely, as is insinuated, but in ordinary course, nor did I specially
appoint an Attorney-General, for there has been one for many
years ; but I left the entire management of the Sessions untouched,
except that I directed the counsel at bar not to forget Sir John's
quality and rank in the Government, which they did not. The
whole proceedings of the Sessions were held as usual, and there was
nothing extraordinary in them. After one enlargement of the com-
mission the prosecution was closed, and the whole Island, with one
voice, thanked me for bringing Sir John to trial. I am ready to
prove my allegations and submit myself to His Majesiy and my
Lords. Signed, Ri. Dutton. 61 large sheets. Endorsed. Reed.
17 October. Read same day. [CW. Papers, Vol. LVI., No. 82,
and Col. Entry Bk., Vol. VII., pp. 315-319.]
[Oct. 17.] 414. Answer of Henry Walrond to the petition and appeal of
Sir John Witham. The allegation of Sir John that he was required
to plead immediately and come to trial is untrue, as the records of
the Court will shew. The plea of abatement against the legality
of the Court's proceedings was rejected as absurd, and not entered
on record. The complainant was not compelled to plead not guilty
contrary to law, but made choice of that plea in manner and form.
No rigour or violence was used in the prosecution, nor was ridicule
made of his defence, but the complainant himself, before he left the
bar, acknowledged the justness and fairness of the proceedings. I
apprehend that the Court of Sessions could not refuse to take the
evi4ence of such members of Council as could bear testimony to the
108 COLONIAL PAPERS.
1685.
indictment. It is alleged that no notice was taken of the appeal
to the King. The notice was verbal, and the very first of the kind
ever made in the Island, so far as I know, but all respect was paid
to it, and solemn answer made, as the records will sliow. As to
Mrs. Gough's evidence, I do not think that the Court could justly
refuse it, nor that she is unfit to be received in point of evidence.
Signed, Henry Walrond. Holograph. 1\ large sheets. Endorsed.
Reed, and read 17 October 1685. [Col. Papers, Vol. LVI., No. 83,
and Col. Entry BL, Vol. VII., pp. 320-322.]
[Oct. 17.] 415. Petition of Captain Richard Young and Samuel Hanson, to
the King and Lords of Trade. Young appealed to Your Majesty in
Council against three judgments against him in Barbados, which
have since been levied on Hanson's estate. We waited till Sir
Richard Dutton should arrive in England, and now beg for a hear-
ing. List of witnesses to be called. 1 p. Inscribed. Reed. 17
Oct. 85. [Col. Papers, Vol. LVI., No. 84.]
[Oct. 17.] 416. A collection of papers relating to the dispute between Lord
Baltimore and William Penn over the boundaries of the two
Colonies and the right to the Delaware.
416. i. Extract from the grant of Delaware by King Charles II.
to James, Duke of York. The grant contains the words,
" Backward into the woods three .Indian days or thirty
Dutch miles." 1 p.
416. n. Duplicate of foregoing.
416. in. Extract from the grant of the town of Newcastle to
James, Duke of York. 1 p.
416. iv. Duplicate of foregoing.
416. v. Extract from a fresh grant of the town of Newcastle to
same, giving him a radius of twelve miles from the town.
1^ pp. Endorsed. First boundaries of Newcastle.
416. vi. Boundaries of Pennsylvania, granted to William Penn,
4 March 1680-81. 1 p. Copies. [Col. Papers, Vol.
LVI., Nos. 85 I.-VL]
[Oct. 17.] 417 Petition of Edward Randolph to Lords of Trade and Plan-
tations. For two flags apiece for the forts at Boston, Piscataqua.
Salem, and Charlestown. Copy. 1 p. Endorsed. Reed. 17 Oct.
1685. [Col. Papers, Vol. LVI., No. 86, and Col. i Entry BL, Vol.
LXL, p. 258.]
Oct. 17. 418. William Blathwayt to Sir William Stapleton. Enquiring
the names of the rebels delivered to him for transportation, and
their destination. [Col. Entry BL, Vol. XIV II., p. J89.]
AMERICA AND WEST INDIES. 109
1685.
Oct. 17. 419. Deputy-Governor Stede to Lords of Trade and Plantations.
Barbados. I have received the King's gracious letter of 26 June (see No. 253),
signifying his intention that the additional duty on sugar should
fall, not on the planter, but on the first buyer in EnglaWi. ' ' It is
found, however, by experience of sales, both here and in England,
that the duty falls on the planter, and will continue to do so unless,
by your great wisdom, some means be found to moderate it. What-
ever the King may determine the people will cheerfully submit to,
but it is certain that they are for the most part greatly in debt, and
under great affliction by the loss of this year's crop, through ill
weather, and by the mortality among negroes and servants through
small-pox, which still continues very violent. I have.communicated
your report of 20 June (see No. 273), on the four-and-a-half per
cent, duty to the Assembly, who, for the generality, cheerfully sub-
mitted to the King's pleasure. Doubtless but for the unusual acci-
dents of this year, that duty would have been worth nine or ten
thousand pounds. I hope this and all succeeding years will clear
eight thousand. Had the King accepted the proposed rent, the
manner of raising it would have bred great distraction, it being very
unequally proportioned among the inhabitants, owing to hasty pre-
paration. Sir Richard Dutton speeded the proppsal to you before
we had any exact knowledge of the revenue arising from the duty,
in the hope that the King might be surprised into granting it, which
would have been no small profit to Sir Richard, who has received
five hundred pounds for soliciting the affair, which he never doubced
to obtain. I have also read yours of the 20th June (see No. 245) to
Sir Richard Dutton. I find that he has received two thousand
pounds, as well as the five hundred pounds lately given to him,
though he had received the King's first and second orders before he
accepted the latter sums. Had the Assembly been aware of the
King's order, they would, I presume, have taken care to obey it, nor
would-tiley nave been so forward to give five hundred pounds to
Colonel Henry Walrond before he left this for England. Believ-
ing that there may be some secret contrivance between Sir
Richard Dutton and Colonel Codrington as to the two thousand
pounds, I send you a copy of the receipt produced by Codrington
to the Committee of Public Accounts, and a certificate from the
Clerk of the Committee as to the manner in which the accounts
were passed. You will see that Sir R. Dutton' s receipt for the last
thousand pounds bears date February last, whereas in the
Treasurer's account it is charged to be paid the 1st of June. This
looks like some deceit; moreover, the Treasurer has told me that
he owes Sir Richard a thousand pounds, for which he has given
him his bond. Holograph. 3 pp. Endorsed. Reed. 11 Dec.
1G85. Read 30th. [Col. Papers, Vol. LVI., No. 87, and Col.
Entry Bit,, Vol. VII., pp. 341-343.]
Oct. 19. 420. Sir Philip Howard to William Blathwayt. I have not yet
Scotland received a list of the rebels' names from my agents employed to ship
Yard. them at Weymouth. Of the two hundred'' given me by the King,
the gaolers delivered three short of the number, while thirty more
escaped before reaching port. Of those that came to Weymouth, one
hundred were immediately embarked for Jamaica. Of the remain-
110
1685.
COLONIAL PAPERS.
Oct. 20.
Oct. 20.
London.
Oct. 20.
Oct. 24.
Scotland
Yard.
Oct. 25.
Oct. 26.
Oct. 26.
ing sixty-seven, many were sick, and some were brought by cart;
but by this time I expect all are embarked for Jamaica. Signed,
P. Howard. Holograph. 1 p. Endorsed. [Col. Papers, Vol.
LVI., No. 88.]
421. Circular. William Blathwayt to the Governors of Planta-
tions. I send the King's letter respecting transported rebels (see
No. 404). A list of those consigned to you is enclosed. You will
return certificates of their arrival and disposal. [Col. Entry Bk.,
Vol. XCVII., p. 174. To Jamaica, Col. Entry BL, Vol. XXXI.,
p. 86.]
422. Sir William Stapleton to William Blathwayt. I enclose
the names of the rebels sent to Nevis and St. Christopher's, but
whether they will be sent to both Islands or Nevis only I am not
sure. Holograph. ^ p. Endorsed. Annexed,
422. i. A list of one hundred rebels received by Sir William
Stapleton, as agent to Charles Pym, and shipped by him
to Nevis and St. Christopher's. 1 p. Endorsed. [Col.
Papers, Vol. LVI., No. 89, and (letter only) Col. Entry
BL, Vol. XLVII., p. 189.]
423. Journal of Assembly of Nevis. The Assembly was dis-
solved without any proposals made. [Col. Papers, Vol. LVI., No.
43.]
424. Sir Philip Howard to William Blathwayt. I enclose the
list of the rebels given to me by the King. Three of the missing
men escaped from the gaol at Sherborne, thirty escaped during the
journey, and one was reprieved by the Lord Chancellor. Signed,
P. Howard. Holograph. Endorsed. Heed. 25 Oct. 85. Annexed,
424. i. "A list of the names of two hundred Western rebels,"
with asterisks shewing those which had escaped. 2 pp.
Endorsed. Reed. 25 Oct. 85. [Col. Papers, Vol. LVI.,
Nos. 90, 90 i.]
425. The King to the President and Council of New England.
Authorising the use of the seal of the late Governor of Massachusetts
for the official seal of New England until further order. Counter-
signed, Sunderland. [Col. Entry BL, Vol. LXI., p. 259.]
426. Warrant of the King for the suspension of the sentence
on George Talbot, if he be found guilty, till the Royal pleasure be
known. Countersigned, Sunderland. [Col. Entry Bk., Vol.
LXXXIIL, pp. 85-86.]
427. Deposition of Mrs. Boteler Chamberlain. To the effect
that Sir Richard Dutton had intercepted Sir John Witham's letters ;
and that Sir John Witham had strictly forbidden Lady Witham to
accept presents. Sworn before Miles Cooke. Copy. 2i pp.
[Col. Papers, Vol. LVI., No. 91.]
AMERICA AND WEST INDIES. Ill
1685.
Oct. 26. 428. Deposition of the same. To the effect that she heard Sir
John Witham say that Sir R. Button tried to persuade him to give
up his half-salary, but that he saw no reason for it; that Lady
Witham had tried in vain to persuade Sir R. Button to allow Sir
John counsel ; that Lady Witham asked Sir R. Button to change
Sir John's place of imprisonment, which was very noisome and un-
wholesome, when Sir Richard not only refused, but told her in a
passion that Sir John might thank God he had not cut off his head
for calling himself Lieutenant-Governor. Lady Witham said that
the title was given him in a Privy Seal, but Sir Richard said that
it was a dash from the pen of a silly clerk, and that the Secretaries
took money to deceive the King. 3^ pp. \Col. Papers, Vol. LVI.,
No. 92.]
fOct 27 1 429. The replication of Sir John Witham to the answers of Sir
Richard Button (see No. 413). Sir Richard is under a mistake in
his construction of the late King's order of 10 Becember 1682, ap-
pointing me Lieutenant-Governor of Barbados during the absence
of the Chief Governor, with half salary and perquisites. The matter
has been made clear by the letter of the Lords of Trade of 22
Becember 1682. The assumption of the title of Lieutenant-
Governor was no great crime, since the late King styled me so in
a Privy Seal of 30 July 1684. As to the suggestion that I should
make overtures to Sir Richard, I was so sick that the physician
thought I could not go into Court without risk of my life, and told
Sir Richard so, but he would not hearken. For this reason and no
other I offered to make a present of one hundred pieces to his eldest
daughter if he would defer my appearance till I was recovered, but
he only became the more violent. Sir Richard and Colonel Henry
Walrond have omitted to answer the most material matter in my
appeal. Sir Richard follows the same methods as in Barbados, not
doubting that if he threw dirt enough some of it will stick. His
answer contains many untruths. Everyone applauded my diligence
and uprightness in my office (except one) until Sir Richard's return,
when he encouraged everyone to revile me, I being then on my
sick bed. It is impossible to hold such an office as that of Governor
without making enemies. As to the charge that I threatened a
gentleman with a Court-Martial, Sir Richard has forgotten or wil-
fully mistaken what was said to him. The" gentleman in question
had consumed without orders and wasted certain stores of ammuni-
tion entrusted to him, and I warned him that there was an Act of
Parliament which made such conduct in certain cases felony. The
informer, who told Sir Richard this, is in ill repute for his profane
language ; but Sir Richard, rather than prosecute him, displaced
an eminent magistrate who brought the fact to his knowledge. As to
the other allegations, they are not onlv new but vague and untrue.
When they are particularly stated I shall T>e prepared to answer them.
I beg leave to submit my new charges against Sir Richard of mal-
administration and disobedience to the royal orders and instruct-
tions; depriving divers peaceable subjects of their lands without
trial, imprisoning others without cause known, threatening others
with opprobrious language, sitting judge in matters where part of
the condemnation was for himself, and taking what had been
COLONIAL PAPERS.
1685.
adjudged to the King for himself, as well as the fees of the officers.
He delayed and hindered the prosecution of a judge who had spoken
dangerous words of the King, and continued him in his place till
his death. I can prove these matters, and beg for a speedy hearing.
Signed, Jno. Witham. 6^ pp. Inscribed and endorsed. Read 27
Oct. 85. {Col. Papers, Vol. LVI., No. 93, and Col. Entry Bit., Vol.
VII., pp. 322-326.]
Oct. 27. 430. Journal of Lords of Trade and Plantations. Sir John
Witham's replication read (see preceding abstract). The whole
matter to be heard on the 31st.
Colonel Cony's agent and Mr. Bysshe attended. The Lords
agreed to recommend that another Governor be sent to Bermuda.
The accounts of this quarter attested, to be paid by the Lord
Treasurer.
Memorandum of letters despatched. [Col. Entry Bk., Vol.
CVII1., pp. 209-211.]
Oct. 28. 431. Petition of the inhabitants of Rhode Island to the Governor,
Assistants, and Deputies. To appoint commissioners or otherwise
to encourage families who desire to settle in the Narragansett
Country. Signed, Wm. Hopkins, John Warner, James Greene,
junior, Henry Lilly. Below, a minute that the petition was granted.
Copy. H pp. Endorsed. Read 1 Feb. 85-6. [Col. Papers, Vol.
LV1., No. 94.]
Oct. 28. 432. Extract from Minutes of Assembly of Rhode Island. On
tjie petition of William Hopkins and others (see preceding abstract),
ordered that a Committee consider thereof. Report of the Com-
mittee recommending that the petition be granted. 1^ pp. En-
dorsed. Read 17 June 86. [Col. Papers, Vol. LVI., No. 95.]
[Oct. 28.] 433. Commission to Sir Philip Howard to be Governor of
Jamaica. This includes a clause conferring powers of Vice-
Admiralty subject to instructions, but forbidding any jurisdiction
over officers or men of the King's ships for offences committed on
the sea or in harbour. Officers refusing to obey written orders may
however be suspended. [Col. Entry Book, Vol. XXX., pp. 300-
316.]
Oct. 30. 434. Lords of Trade and Plantations to the President and
Council of New England. Recommending Robert Ratcliffe,
a minister chosen by the Bishop of London, to their good offices.
Signed, Jeffreys, Mulgrave, Berkeley, Rochester, Sunderland,
Middleton, Clarendon, Craven, Preston, John Nicholas. [Col.
Entry Bk., Vol. LXI., p. 259.]
Oct. 30. 435. The same to the same. Requiring a report on the state of
New England, as to its obedience to the Acts of Trade, and general
information. Signed as the foregoing, with the omission of Lord
Middleton and the addition of Sir J. Ernie. [Col. Entry Bk., Vol.
LXI., pp. 260-261.]
AMERICA AND WEST INDIES.
1685.
Oct. 31. 436. Heads of Enquiry addressed to the President and Council
of New England. Twenty-five clauses, the heads being of the usual
kind. [Col. Entry BL, Vol. LXI., pp. 261-263.]
Oct. 31. 437. Lords of Trade and Plantations to President and Council
of New England. Ordering transmission of the usual returns and
information as to trade, public business, etc. [Ibid., pp. 264-265.]
Oct. 31. 438. The same to the Secretary of New England. Ordering
transmission of quarterly returns, etc. [Ibid., p. 265.]
Oct. 31. 439 i, or( i s O f Trade and Plantations to the King. We have
examined the case of Sir John Witham on one side and Sir Richard
Chamber. j) utton an( j ^f r< Henry Walrond on the other. We find that in
spite of the Royal orders, Sir Richard was unwilling that
Sir John should receive the half salary, and gave him
to understand that, unless he resigned it, it would be the
worse for him. Sir John refusing, Sir Richard suspended
him from the Council. Then came the trial before Grand
Sessions. We find that Sir Richard did force Sir John
to come into court, on pain of forfeiting his recognizances,
though he could not do so without endangering his life. Three
indictments were preferred against him on matters for which Sir
John was accountable to Your Majesty and to no other person what-
ever. The first indictment was that he had undertaken the govern-
ment without taking the oaths ; which Sir Richard should have
administered to him before he left the Colony. Sir John has proved
to us that he was refused copies of this and of the other indictments,
and that his plea taking exception to the jurisdiction of the Court
was rejected. Of the second charge, of assuming the title of Lieu-
tenant-Governor, Sir John has acquitted himself, proving that he
was so styled by the King and by this Board. Sir John has also
acquitted himself of the third charge, of bribery, and has proved to
us that he was refused the liberty of appeal to Your Majesty. We
find also that Henry Walrond, a person whom Sir Richard Button
had shortly before represented as unfit to serve Your Majesty and
whom Sir John Witham had dismissed from the post of Lieutenant-
General, was made chief Judge for the purpose of the trial. We
conclude therefore that the proceedings of Sir Richard Dutton and
Henry Walrond are altogether violent and malicious ; and we re-
commend that Sir John Witham be restored to all his dignities, that
the fines imposed on him be wholly remitted, and that he may have
leave to take his remedy at law against Sir Richard Dutton. Signed,
Jeffreys C., Rochester, Clarendon, C. P. S., Sunderland, Craven,
Middleton. [Col. Entry Bk., Vol. VII., pp, 348-352.]
Oct. 31. 440. Journal of Lords of Trade and Plantations. Lord Balti-
more and Mr. Penn attended. It was proposed that Delaware
should be divided into two equal parts, from East to West, as far as
Cape Henlopen, between the King and Lord Baltimore. Lord Bal-
timore was allowed a week longer to state his objection thereto.
The Lords signed a letter of recommendation in favour of Mr.
Ratcliffe, a minister from New England.
The Appeal of Sir John Witham against Sir Richard Dutton
heard. The Lords agreed in their report (see preceding abstraef\.
114 COLONIAL PAPERS.
1JB85,
Memorandum of letters received and despatched. \_Col. Entry
BL, Vol. CVIIL, pp. 211-224.]
Oct. 31. 441. Receipt for eighty-one prisoners attainted of high treason
to be transported to America. Signed, Rich. "White. List of
prisoners' names. 2 pp. Endorsed. \Col. Papers, Vol. &VI.,
No. 96.]
Oct. 442. Memorandum of shipment of two rebel prisoners, John
Edwards and Edward Lloyd, to York river, Virginia. Signed, John
Baker of Hamwood in Somerset. Scrap. Endorsed. Col. Papers,
Vol. LVI., No. 97.]
Oct. 31. 443. Journal of Assembly of Nevis. The new members sworn,,
and Mr. Smargin elected speaker. [Col. Papers, Vol. LVI., No.
43.]
Nov. 2. 444. Journal of Assembly of Virginia. Twenty- three burgesses
only being in town, they informed the Governor that they thought
they had not authority to adjourn themselves nor to choose a
Speaker. The Governor prorogued them until the next day.
Nov. 3. The Assembly attended the Governor in Council and was ordered
to choose a Speaker.
Nov. 4. The Speaker having been chosen, the burgesses waited on the
Governor in the afternoon, when Colonel William Kendal was ap-
proved by him as Speaker. The Governor read a speech, proposing
Acts to empower counties and parishes to make by-laws, to change
in all clauses relating to forfeitures the words "to be accounted
for to the public " to " to be accounted for to His Majesty." He
informed them also of the return of Colonel Byrd, having success-
fully ratified the peace with the Indians ; and reproved the peevish
temper of those who were discouraged at the additional duty on
tobacco. The King's letter of 26 June was read, and the articles of
peace ratified by Colonel Byrd.
Nov. 5. At the request of the burgesses the Governor appointed two Coun-
cillors to administer the oaths to the lower house.
Nov. 6. The oaths were administered.
Nov. 7. One of the Councillors appointed to administer the oaths, the
Governor appointed another. Copies of the Governor's speech and
of the King's letter furnished to the house. [Col. Entry Bk. t Vol.
LXXXV., pp. 267-271.]
Nov. 5. 445. Minutes of Council of Jamaica. The Lieutenant-Governor
reported that Captain Davis had returned from pursuit of the rebel
negroes, in consequence of bad weather. Ordered, that the follow-
ing rewards be offered to any that will take or kill those negroes,
viz., for the negro Cophy 10, for five others of the chiefest, b
a head, for any others 2 a head. Any rebel negro discovering his
accomplices s^all receive a pardon, and if he take and kill them
AMERICA AND WEST INDIES. 115
1685.
not only a pardon, but the rewards aforenamed. Colonel Bourden
to announce this to the negroes at Guanaboa ; three parties of three
files [eighteen men], a sergeant, and an officer, to be employed for
one month against the rebels. Order for payment of 20 to Dr.
Francis Rookes for curing five persons wounded in the late expedi-
tion against the negroes. Order for payment of 500 of salary due
to the Governor. \Cd. Entry Bk., Vol. XXXVI., pp. 102-103.]
Nov. 5. 446. Eeceipt of Edward Eandolph for papers received by him
from the Plantation-office. Signed, Ed. Randolph. 1 p. En-
dorsed. [Col. Papers, Vol. LVI., No. 98, and Col. Entry Bk., Vol.
LXL, p. 266.]
Nov. 6. 447 . Petition of Henry Walrond to Lords of Trade and Planta-
tions. For rehearing of the case against Sir John Witham, when
he believes that he can prove the most material points in the indict-
ments against him. Inscribed. Reed. 6 November '83 [error for
'85]. Endorsed. Reed. 6 Nov. 1685. Read 7 Nov. Nothing
done. 1 p. [Col. Papers, Vol. LVI., No. 99.]
Nov. 7. 448. Journal of Lords of Trade and Plantations. Petition of
Sir Richard Dutton read and rejected (see next abstract). Also
another petition from Sir Richard (see No. 455) praying for pardon.
The business of Lord Baltimore resumed. The Lords agreed
upon their report (see No. 456).
Memorandum of letters despatched and received. [Col. Entry
Bk., Vol. CVIII., pp. 224-227.]
[Nov. 7.] 449. Petition of Sir Richard Dutton to Lords of Trade and Plan-
tations. Praying that the interrogatories to Colonel Stede and his
answers thereto may not be received as evidence against him, they
being contrary to his solemn and voluntary declarations at the
Council Board. 1 p. Endorsed. "Read 7 Nov. 85. Nothing
done. [Col. Papers, Vol. LVI., No. 100.]
Nov. 9. 450. Journal of Assembly of Virginia. Some of the burgesses
who remained unsworn took the oaths.
Nov. 10. More of the unsworn burgesses were sworn.
Nov. 11. The Governor made a speech, recommending the claims of Cap-
tain Davis of Carolina and Captain Thomas Goodwin.
Nov. 12. The Assembly replied by submitting an order, modelled on that
of 1667, calling upon all persons who had claims on the Government
to produce them. The Governor rejoined that, the Governor and
Council being excluded in this order from participation therein,
it would be better to pass the order as an Act.
Nov. 13. The Assembly asked the Governor and Council to join in an ad-
dress to the King. The Governor answered that he had received
an address as to the additional duty on tobacco and desired members
to be appointed to confer with members of the Council thereon. He
thought it, however, needless for the Council to join in the address.
The Conferrers met and the address was amended.
H 2
116 COLONIAL PAPERS.
1685.
Nov. 14. The Assembly sent a message to tlie Governor praying the Coun-
cil to join in the above address ; but the Governor and Council did
not think it proper to do so. Copy of the Address, praying the King
to dispense with the duty, owing to the low price of tobacco, to the
discouragement that the new burden thereon will give to the
importation of goods, to the indebtedness that will ensue to the
planters, to the necessity that will be laid on the people of buying
their clothes elsewhere than from England, and to the fact that
the duty, though designed to fall on the retailer and consumer, will
surely fall on the planter. [Col. Entry Bk., Vol. LXXXV., pp.
271-277.]
Nov. 11. 451. The Lord Treasurer to the Governor of the Leeward
Islands. The King has cancelled the forfeitures imposed on Bara-
chiah Arnall. You will restore the property forfeited accordingly.
[Col. Entry BL, Vol. XLVII., pp. 194-195.]
Nov. 12. 452. Journal of Assembly of Nevis. Sir William Stapleton'a
letter of 8 August read, asking that Colonel Burt's great expenses
as Deputy-Governor might be remembered. [Col. Papers, Vol.
LV1., No. 43.]
Nov. 12. 453. Receipt for twenty prisoners from Wells to be transported
to Jamaica. Signed, Robt. Chaplin. Against one of the names is
written, " sick of the small pox." Against another, " runn away."
1 p. Endorsed. Account of Captain Heywood's prisoners. [Col.
Papers, Vol. LVI., No. 101.]
Nov. 13. 454. Order of the King in Council. That Sir John Witham be
Whitehall, restored to his dignities, that the fines imposed on him be remitted,
and that hs be at liberty to take his remedy at law against Sir
Richard Dutton. Lord Sunderland to prepare a letter accordingly.
[Col. Entry BL, Vol. VII., pp. 348-353.]
Nov. 13. 455. Order of the King in Council. Report of Lords of Trade
and Plantations on a petition from Sir Richard Dutton, setting forth
that necessity had compelled him to accept 1,000 as a present
from the Assembly of Barbados before receipt of the King's order.
As Sir Richard Dutton and Henry Walrond have received divers
sums from the Assembly of Barbados, contrary to order, we recom-
mend that the whole matter be referred to the Earl of Rochester,
Lord High Treasurer, to call them to account for the money they"
have received. Dated 7 November 1685. Ordered accordingly.
[Col. Entry BL, Vol. VII., pp. 366-367.]
Nov. 13. 456. Order of the King in Council. Report of Lords of Trade
and Plantations. We have examined the dispute between Lord
Baltimore and William Penn as to Delaware. We find that the
land intended to be granted by Lord Baltimore's patent was only
land uncultivated and inhabited by savages, whereas the land in
question was settled by Christians before Lord Baltimore's patent
We recommend that to avoid further differences the tract of land
between the river and bay of Delaware and the Eastern Sea on the
AMERICA AND WEST INDIES. 117
1685.
one side, and Chesapeake Bay on the other, be divided into two equal
parts by a line from the latitude of Cape Henlopen to the fortieth
degree of Northern latitude, and that one half towards Delaware
Bay and the Eastern Sea be adjudged to belong to the King, and the
other to Lord Baltimore. Dated 7 November 1685. Ordered ac-
cordingly. [Col. Entry Bk, Vol. LII., pp. 107-109.]
Nov. 13. 457. Commission to Joseph Dudley to be Vice- Admiral of the
Colony of New England. Latin. Incomplete. [Col. Entry Bk.,
Vol. LXI., pp. 266-267.]
Nov. 13. 458. Address of the House of Burgesses of Virginia to the King.
Professions of loyalty, and congratulations over the suppression of
the late rebellion. We beg Your Majesty to dispense us from the
additional duty 011 tobacco, which if continued will be very ruinous
to us. [Col. "Entry Bk., Vol. LXXXIII., pp. 77-79.]
Nov. 13. 459. Governor Lord Howard of Effingham to the Earl of Sun-
derland. I take the first opportunity given me by my health to
acknowledge receipt of the King's letter and of the happy news of
the defeat of the rebels. Herewith is sent an address from the
Burgesses respecting the additional duty on tobacco. I hope it is
so humble and submissive that the King will not be offended at it,
or I should not have suffered it to pass. Their importunity and
insistence on their privilege prevailed with me to permit it, but
the Council and I are not otherwise concerned in it. Signed, Effing-
ham. Holograph. 1 p. Endorsed. Reed. 4 Jan. Read 16
Jan. 85-6. [Col Papers, Vol. LVI., No. 102, and Col Entry Bk.,
Vol. LXXXIII., pp. 76-77.]
[Nov. 13.] 460. Duplicate of foregoing. Dated November 29th. En-
dorsed. Reed. 21 April 86. [Col. Papers, Vol. LVI., No. 103.]
Nov. 14. 461. Governor Lord Howard of Effingham to William Blath-
Virginia. wayt. We received with joy the news of the suppression of the
rebellion, as we had been terrified by reports of another kind from
New England which emboldened many bad subjects here. I se-
cured some and deterred others from spreading false reports by my
proclamation, which shows the necessity of raising a standing
guard of twenty men. This I am now doing. The news of the
additional duty on tobacco has so discouraged the planters that it is
difficult for me to assuage their fears. [Col. Entry Bk., Vol.
LXXXIII., pp. 79-80.]
Nov. 16. 462. Journal of Assembly of Virginia. The Assembly thanked
the Governor for transmitting their address to the King. [Col.
Entry Bk., Vol. LXXXV., p. 277.]
Nov. 16. 463. Lieutenant-Govemor Molesworth to William Blathwayt.
Jamaica. A week since one Dushean, a French privateer, was careening in
Porto Lucia on the North side of this Island. Hearing that many
people were consorting to him I pressed a sloop, manned her with
the Ruby's men, and sent her to bring the vessel in, which she did ;
118
COLONIAL PAPERS.
1685.
Nov. 17.
Barbados.
Nov. IT.
Nov. 18.
Whitehall.
Nov. 18.
but the captain and several of the men escaped ashore. Some des-
perate people are still designing for the South Seas, in spite of the
bad news from thence. They seem to count on being picked up by
Grammont's fleet, which is cut off from Petit Guavos under the
French King's new orders. I hear that Bannister is about the lee-
ward part of this Island, short of provisions. I shall endeavour to
keep him so till I can send the frigate after him. It is rumoured
that the French, fleet was also about the Island and that some Span-
ish men of war had disturbed them, when the French fled and left
Laurens to bear the brunt alone.
18 November. Captain Mitchell reported yesterday that while
heaving down the Ruby her channel- wale gave way and was broken,
with several of her timbers. It will now. require a great deal of
time to repair her. He therefore very frankly offered his service,
proposing to hire two sloops, man them from the Ruby, and bring in
Bannister. I gave my orders accordingly, and I hope he may have
success. [Col. Entry Bk., Vol. XXXI., pp. 115-118.]
464. Deputy-Governor Stede to the Earl of Sunderland. I have
little to report except the continued prevalence of small pox, which
proves very fatal to the negroes. Many professions of duty. Holo-
graph. 1% pp. Endorsed. Reed. 13 Feb. 85-6. [Col. Papers,
Vol. LVI., No. 104, and Col. Entry Bk., Vol. VII., p. 357.]
465. Warrant for the committal of Ralph Izard for taking a
box containing public records from Robert Quarry. [Col. Entry
BL, Vol. XXI., p. 149.]
466. Lords Proprietors of Carolina to Governor Joseph Moreton.
You will commissionate Alexander Dunlop to be Sheriff of Port
Royal County, and four justices who will be recommended to you
by Lord Cardross, Mr. William Dunlop, and Mr. Dunlop above
named. We hear that numbers of our cannon lie useless ancj dis-
mounted at Charlestown. You will deliver five of them to Lord
Cardross and Mr. Dunlop for the defence of Stewart's town or some
other town in Port Royal County, that frontier lying wholly open
to the Spaniard. Signed, Craven, P. Colleton, S. Sothell. [Col.
Entry Bk., Vol. XXII., p. 73.]
467. Journal of Assembly of Virginia. The Governor made a
speech to this effect. I must say to you now what I could not,
through my illness, say to you at your first meeting. You have sat
for three weeks and presented no bill to me yet ; nor can I be sur-
prised when you do not sit tili eleven in the morning nor after five
in the afternoon. The King desires a house to be built for the
Governor, for which I have now chosen a site in the Governor's land.
A bill is also needed to empower the Governor and Council to raise
a levy not exceeding twenty or twenty-five per poll for incident
expenses of Government. You know how useful this will be, owing
to the expense of holding Assemblies, but I give you assurance
that I shall be ready to call Assemblies at reasonable intervals. I
intend to raise twenty-four men for the safety of the country, to be
paid out of the King"s revenue, and I ask you to raise and pay
AMERICA AND WEST INDIES. H9
1685.
twenty-four more, with officers, in case of alarms of Indians or of
disorder among the people.
Nov. 19. The Assembly presented an Address praying that quit-rents may
be paid in tobacco instead of ready money, owing to difficulty of
paying them in the latter.
Nov. 20. The Governor expressed surprise at receiving such an address,
since the quit-rents were now applied to the public service, but
consented so far as to undertake to give orders that the quit-rents
should be received in tobacco in cases where money was scarce.
Message from the Governor. The Council has received several bills
from the Assembly which have been read a first time only. We
cannot consider them till they have been read three times. [Col.
Entry Bk,. Vol. LXXXV., pp. 279-281.]
Nov. 19. 468. Commission to Richard Wharton to be Judge of the Ad-
miralty Court in New England. Countersigned) S. Pepys. [Col.
Entry Bk., Vol. LXL, p. 267.]
Nov. 19. 469. Warrant appointing Richard Chamberlain Registrar of
the Admiralty Court, New England. Countersigned, S. Pepys.
[Ibid., p. 268.]
Nov. 19, 470. Warrant appointing Joseph Smith Marshal of the Ad-
miralty Court, New England. Countersigned, S. Pepys. [Ibid.,
pp. 268-269.]
Nov. 19. 471. Journal of Assembly of Nevis. Petition of Thomas
Cleverley for compensation for injury done to one of his negroes
who was wounded in the apprehension of a murderer. Resolved
that the charge lies against the King and not against the country.
The Governor proposed (1) that the Council and Assembly should
examine the fort at Blackrock with him with a view to certain im-
provements, (2) to buy five great guns that John Netheway has to
dispose of, (3) to make owners of small boats give security to
prevent carrying off of negroes, escape of any person, and impart-
ing of intelligence in case of war ; the boats in case of refusal to be
hauled up under the guns of the forts and be unused. The Council
concurred. [Col. Papers, Vol. LVI., No. 43.]
Nov. 20, 472. Declaration of twelve members of the Commons who met in
the Parliament Chamber at Charlestown, Carolina, and were ex-
cluded this 20th November, 1685. Yesterday the Governor and
the rest of the Lords-deputies openly proposed in ihe Parliament
that the Parliament should choose two members for the Grand
Council according to the Lords' instructions, and did choose them
accordingly. The Governor directly after declared that every
member must sign a certain sentence of allegiance to the King,
fidelity to the Lords, and maintenance of the Government accord-
ing to the fundamental constitutions. The above mentioned Com-
mons declined to sign, and withdrawing from the House were sent
for to meet again in Parliament this morning. We did so. The
Governor again proposed to us to sign; we again declined, and
120 COLONIAL PAPERS.
1685.
offered our reasons. The Governor then declared that, by order ol
the Lords, those who refused to sign could not be admitted as Par-
liament-men, and must withdraw. We were therefore excluded.
We now declare that we are willing and desirous, as heretofore, to
swear allegiance to King James, fidelity to the Lords Proprietors,
and maintenance of the fundamental constitutions of 21 July 1669.
We also declare, for the satisfaction of those who entrusted us as
their representatives in Parliament, that we refused to sign for the
following reasons. 1. We have all sworn to the fundamental con-
stitutions of 21 July 1669 ; but to subscribe vaguely to the funda-
mental constitutions seems to subject the country to any set of
fundamental laws that the Proprietors may send out. We are the
rather of this opinion as the Proprietors have already sent out three
sets of fundamental constitutions since 1669, and have ordered the
Government to be conducted according to those of 12 January 1681.
2. We think it contrary to law and reason that this Parliament shall
sign any engagement which makes room for the abolition of the
constitutions of 1669, the 13th article of which declares that Par-
liament can make no laws to be of force more than thirty years,
but that the fundamental constitutions themselves, being of higher
original, shall stand unalterable for ever. 3. The nobility of the
province have their titles of honour legally derived to them from
the Lords Proprietors by the Charter of King Charles II., but their
power is derived to them from the constitutions of 1669. The ab-
rogation of these constitutions may therefore leave them no inherent
power in the Government ; and we are not inclined to part with this
power. We think it unjust and dishonourable in the highest degree
to abridge the power of the nobility at this time, since they are all
absent and have not had reasonable time allowed to them to appear
and speak for themselves. We have many more weighty reasons,
but for the present submit these only- We declare finally that the
remaining Commons, the Governor, and the Lords Deputies, are not
the majority of the Parliament, for they cannot rationally or legally
be a major part of us whom they have excluded, and we therefore
declare that the two Commoners yesterday voted for and chosen to be
members of the Grand Council, ought not to sit as such till all the
dissatisfactions arising from the exclusion of us from the Parliament
be stated and cleared according to the unalterable constitutions of
1669. Signed, Benj. Waring, Hen. Samwayes, Jacob Wright, John
Ladson, Ja. Stanyarne, Peter Heartae, Wm. Thorrowgood, Jas.
Baemor, Wm. Brockhuss (his mark), John J. Cowen, John Powys,
Joshua Lynch. [Col. Entry BL, Vol. XXI., pp. 144-147.]
Nov. 23. 472. Commission from the Lord High Treasurer to Edward
Randolph to be post-master of New England. Signed, Rochester.
[Col. Entry BL, VoL LXI., p. 269.]
Nov. 23. 473. Journal of Assembly of Virginia. Message from the Gov-
ernor returning several bills amended by the Council for considera-
tion.
Nov. 25. The Assembly sent up a bill that all claims should be proved
in County Court, which was amended, and a bill concerning run-
AMERICA AND WEST INDIES.
121
3685.
Nov. 27.
Nov, 24.
Nov. 25.
Jamaica.
Nov.
Jamaica.
aways, which was assented to. Message from the Governor pointing
out that only one of the bills recommended by him had been re-
ceived so far, and asking immediate consideration of the rest. Bill
for settling ports presented to the Governor.
The above bill returned by the Governor to the Assembly. Ad-
dress of the Assembly reiterating their former address concerning
the quit-rents, and praying that they may be dispensed with for
this year pending receipt of the King's orders ; also giving the
Assembly's reasons for desiring the total disbandment of the
soldiers. A second address praying for revision of the laws.
Answer of the Governor. I thought that I had already answered
you sufficiently as to the quit-rents. I do not, nor does the Council,
think your reasons sufficient to justify the disbandment of the sol-
diers. Message from the Governor to the Assembly. You have
sat so long and done so little that I desire you forthwith to prepare
the bills that I recommended to you. [Col. Entry Bk., Vol.
LXXXV., pp. 281-285.]
474. Journal of Assembly of Barbados. Present, John Reid,
Speaker, and Richard Barratt, two members only, owing to the
sickliness of the times and the inconvenience of meeting in a body
while the small pox was so " breife " in the town. Adjourned to 15
December. [Col. Entry Bk., Vol. XIV., pp. 137, and 143.]
475. Lieutenant-Governor Molesworth to William Blathwayt.
I have duly received my commission. It will be of great advantage
not only to Spain, but to Europe, that the privateers in the South
Seas should be suppressed ; but above all it will benefit this Island,
which is unpeopled by privateers. I wish the King of Spain would
give His Majesty sufficient encouragement to do so great a work.
Captain Mitchell returned with his two sloops without any success
(see No. 463), having been round the whole Island without meeting
Bannister or any of the French fleet. Bannister indeed was so
much alarmed on reaching the place to hear Duchean's ship was
taken, that he only waited to take Duchean on board and at once
made all sail. I am glad to find my measures so far successful.
The utmost I can expect of the Ruby is to have her ready to go to
England in the spring. Stanley is returned, having been several
times in great danger, beating upon the rocks many times but fail-
ing to find the rock that they looked for. The peril was such as to
discourage them from further attempts. Smith still sticks posi-
tively to his first statement. Stanley thinks he must either have
seen the wreck or the Spanish directions, for his relation corresponds
exactly with it. You shall have his journal by next ship. Signed,
Hder. Molesworth. [Col. Entry Bk., Vol. XXXI., pp. 119-121.]
476. Lieutenant-Governor Molesworth's instructions to Captain
David Mitchell, of H.M.S. Ruby. To take two sloops, the frigate
being unfit to go to sea, man them with the King's sailors, and cruise
towards the East end of the Island in search of the pirate Bannister,
and his ship the Golden Fleece. Copy. 1% pp. Endorsed.
[Col. Papers, Vol. LVI., No. 105.]
122 COLONIAL PAPERS.
1685.
Nov. 25. 478. Instructions to Sir Philip Howard, as Governor of Jamaica.
A clause inserted ordering strict enquiry where piratical goods
are to be found, and an exact account to be transmitted. Another
clause forbidding a minister to be preferred to any benefice without
the Bishop of London's certificate, and giving him jurisdiction in
ecclesiastical matters so far as conveniently may be. A special
clause for the encouragement of the Spanish negro-trade. Paten-
tees and their deputies to be enquired into ; power given to suspend
them in case of misbehaviour. All transported servants to serve
their masters for four years from the time of landing and to have
thirty acres of land at the expiration of their term. A sum not
exceeding 300 per annum may be voted for the solicitation of the
Island's affairs in England, or the sum may be raised by voluntary
contributions. Countersigned, Sunderland. {Col. Entry Bk., Vol.
XXX., pp. 319-342.]
Nov. 26. 479. Journal of Assembly of Nevis. The Assembly answered
the proposals of the Governor and Council of 19th inst. (see No.
471). i. We consent. 2. The County is in no present need of
guns. 3. We agree. The security shall be fifty pounds; those
that refuse to give it shall have their boats secured as proposed, and
in default destroyed. Or the offenders may be fined thirty shillings
for each default. All bark logs to be secured close to dwelling-
houses, and those found elsewhere destroyed and the owners fined.
[Col. Papers, Vol. LVI., No. 43.]
Nov. 28. 480. Journal of Lords of Trade and Plantations. Sir Philip
Howard being unable to start for Jamaica through sickness, agreed
to send duplicate of his Commission and instructions to Colonel
Molesworth.
Mr. Stede's letter of 21 September read, with an address from the
Legislature of Barbados (see Nos. 374, 367), and referred to the
Lord Treasurer.
Petition of Stephen Duport read (see next abstract). The Lords
agreed in the report (see No. 484).
The laws of Barbados referred to the Lord Chancellor for perusal.
Mr. Cranfield's letter of 29 August read (see No. 338). The Lords
agreed to give him leave to return to England.
Accounts of the office passed. [Col. Entry BL. Vol. CVIII., vy.
228-229.]
[Nov. 28.] 481. Petition of Stephen Duport, planter at St. Christopher's,
to the King. I had leave from the Governor to entertain a Scotch
servant, who, notwithstanding, has been maliciously molested since
the Governor's departure. 1 beg an order to Sir William Staple-
ton that I may peaceably employ him. 1 p. Endorsed. Eead
28 Nov. 85. Attached,
481. I. Certificate from Sir William Stapleton that he did grant
the permission as stated. Dated 14 Nov. 1685. | p.
Endorsed. [Col. Papers, Vol. LVI., No. 106-106 I.]
AMERICA AND WEST INDIES. 123
1685.
Nov. 30. 482. Journal of Assembly of Virginia. The Assembly sent up
the bill for Ports, requesting the Council to admit one town for each
county, and accepting the Council's other amendments.
Dec. 1. Bill for Ports assented to and returned. The Assembly addressed
the Governor to know what arms belonging to the country were
come to his hands since last Assembly. The Governor replied that
he knew not by what authority they asked, nor the meaning of the
term " belonging to the country." The arms belonging to the King
were lodged at his house. Addresses of the Assembly, asking that
the use of the seal of the Colony might be granted to the inhabitants,
as heretofore, without fee, and that Patents may be granted to
certain persons on the Blackwater for their lands, and the remainder
of the land thrown open to settlement.
j) ec 2. Answer of the Governor declining to accede to either request, the
fees being moderate and in accordance with custom and authority.
The Assembly's address in reply to the Governor's speech of 18
November, deprecating his reproofs, and stating that they are will-
ing to take steps for the building of a Governor's house if there be
money sufficient to spare from the King's revenue, and refusing to
pass a bill empowering the Governor and Council to raise a levy
ur to allow a larger standing guard than can be paid for out of the
King's revenue. 'Report of a Committee of the House approving the
change of style in appropriating fines and forfeitures to the King,
and recommending that it remain unaltered until the matter can
be fully discussed. Address praying for the construction of a public
prison. Address praying for the issue of a warrant summoning
William Fitzhugh to answer to a complaint of the House, and for
his suspension from all his offices. Answer of the Governor. As
to the Governors' house, the King's revenue cannot meet the cost,
being already much in arrear. As to the bill empowering the Gov-
ernor and Council to raise a levy, I have the King's confirmation
of former instructions on that head, and had hoped that you would
have thought it reasonable. I return the question of fines and
forfeitures for your reconsideration. As to the raising of the stand-
ing guard, the King's revenue should have paid all the cost had it
sufficed. I approve of the erection of a prison but not by the funds
that you propose. I will issue my warrant for William Fitzhugh
but cannot suspend him till he has had opportunity to defend him-
self. The Governor made a speech, intimating the King's con-
firmation of all the laws of last Assembly, with some recommenda-
tions, which, however, he could not hope, in the present temper of
the House, would be accepted.
Dec. 3. Address of the Assembly, returning to the charge as to the charge
of fees for the use of the seal, and requesting the appointment of a
joint Committee for revision of the laws. Answer of the Governor.
I am ready to give you any reasonable assurance that the fees are
charged for the sake of decency and order and not for private profit.
As to quit-rents I can give you no other answer than my first. As
to revision of the laws I think the whole Council should consider
it, and I will take care that this be done before next Assembly.
124
1685.
COLONIAL PAPERS.
Dec. 4.
Dec. 1.
Address of the Assembly, repeating their former answers as to the
Governor's house, the power of Governor and Council to raise a
levy, and the matter of fines and forfeitures, but yielding as to the
prison and the treatment of Fitzhugh.
Address of the Assembly asking for copy of the Royal recom-
mendations and instructions that accompanied the confirmation of
the law. Speech of the Governor as to the list of public claims,
criticising several items. [Col. Entry BL, Vol. LXXXV., pp.
285-303.]
483. Minutes of Council in Jamaica. The Lieutenant-Gov-
ernor's new Commission read. Order for all officers to be continued
in their places. Order for payment for hire of a sloop ; for the
parties in pursuit of the negroes to be continued or replaced ; for
the parties still unpaid to send in their certificates of service ; for
the late proclamation as to rewards to be published again. [Co/.
Entry BL, Vol. XXXVI., pp. 103-104.]
Dec. 2.
Dec. 2.
484. Lords of Trade and Plantations , .
mending compliance with the petition of Stephen Duport (see
480). Ordered in Council accordingly. [Col. Entry BL,
XLVII., p. 196.]
to the King. Recom-
No.
Vol.
485. Journal of Lords of Trade and Plantations. The Lords
ordered a new Commission to be prepared for Sir William Stapleton.
[Col. Entry BL, Vol. CVIII., p. 230.]
[Dec. 2.] 486. Memorandum for a new Commission and Instructions for
Sir William Stapleton. That the Councillors of each of the Lee-
ward Islands be nominated by the King, and the Deputy-Governors
likewise ; that the laws be made indefinite, and not for two years,
with a power to the King to revoke or confirm ; that the claims of
the English against the French in St. Christopher's be considered ;
that it be considered in what Island the Governor shall chiefly re-
side. Copy. 1 p. Endorsed. Read 2 Dec. 85. [Col. Papers,
Vol. LVL, No. 105.]
Dec. 3.
Whitehall.
Dec. 4.
Nevia.
Dec. 4.
Whitehall.
487. [William Blathwayt] to Sir William Stapleton. Sum-
moning him to the Board on the business of his new Commission
and instructions. Draft. p. Endorsed.. [Col. Papers, Vol.
LVI., No. 108.]
488. Deputy-Governor Burt to Lords of Trade and Plantations.
The King's letter of 26 June was received with great loyalty, and
the Act for additional duty on sugar and tobacco with general satis-
faction. We hear with joy that the Duke of Monmouth has been
defeated. Signed, Wm. Burt. Holograph, li pp. Endorsed.
Reed. 13 Feb. 85-6. [Col. Papers, Vol., LVI., No. 110, and Col
Entry BL, Vol. XLVII., pp. 181-182.]
489. Order of the King in Council. Referring the petition of
Christopher Billop to Lords of Trade and Plantations for report.
Signed, Phil. Musgrave. \ p. Annexed,
AMERICA AND WEST INDIES. 125
1685.
489. I. Petition of Captain Christopher Billop to the King and
Privy Council. In 1682, when commander of the ketch
Deptford, I seized an interloper called the Providence,
which was condemned in the Admiralty Court of Nevis.
Some time after I consigned some negroes and other goods
from Nevis to New York, which were illegally seized and
judgment given against me to the value of 1,140. I beg
an order from the Mayor's Court of New York to stop all
proceedings, and to send over an appeal, that the case may
be determined by the Lords of Trade and Plantations.
Copy. 1 p. The whole endorsed. Reed. 7 Dec. Head
14 and 22 Dec. 85. Printed in New York Documents.
in. 365. [Col. Papers, Vol. LVI., Nos. 110-110 i., and
(order only) Col. Entry BL, Vol. LXVIII., pp. 75-76.]
Dec. 7. 490. Act of Virginia appointing ports for landing and shipping
merchandise, for preventing frauds on the King's revenues and
Customs. 6^ pp. [Col. Papers, Vol. LVI., No. 111.]
Dec. 7. 491. Commissioners of Customs to Lords of Trade and Planta-
Custom tions. We have considered the address of the Assembly of Barbados
House. a s to the additional duty on sugar. There is nothing therein that we
have not frequently heard from the merchants of the city. It is
the abundance of sugar, not the duty, that brings them evil. We
do not think it desirable to make any alteration in the duty for at
least a year. Signed, D. North, Jo. Werden, N. Butler, J. Buck-
worth, T. Chudleigh, W. Dickinson. [Col. Entry BL, Vol. VII..
p. 374.]
Dec. 7. 492 . Journal of Assembly of Virginia. The Assembly's replies
to the Governor's criticisms on the public claims. The Governor's
rejoinder thereto. The Clerk of the Council was summoned before
the Burgesses. The Governor pointed out that his leave should
first have been obtained.
Dec. 8. The Assembly's further answer as to the public claims. Dispute
with the Governor as to the allocation of office-rooms in the State
house. The Council yielded as to the public claims, thinking it
better to allow them, though unregulated, than put the public to
the cost of these disputes. Wrangle over the salary of the Clerk of
the General Assembly.
Dec. 9. The Assembly objected to an unauthorised addition to the bill
for ports. Wrangle over the question with the Governor and
Council.
Dec. 10. Wrangle over the bill for ports contimied. Speech of the Gov-
ernor rebuking the Assembly for its dilatoriness, and directing it to
pass the bill without delay.
Dec. 11. The wrangle continued at great length.
Dec . 12. The Governor proposed to pass all other bills and reserve the bill
for ports for the King's pleasure. The Assembly, after long dispute,
refused to yield.
126 COLONIAL PAPERS.
1685.
Dec. 13. The Governor repeated his proposal, which was again rejected.
The Governor prorogued the House till 20 October next. [Col.
Entry Book, Vol. LXXXV., pp. 303-326.]
Dec. 9. 493. The King to Lieutenant-Governor Stede. Ordering Sir
Whitehall. John Witham to be restored to his dignities, his fines to be remitted,
and that he have the benefit of every matter in the report of the
Lords of Trade and Plantations (see No. 439). Countersigned) Sun-
derland. [Col. Entry BL, Vol. VII., p. 365.]
Dec. 11. 494. Order of the King in Council. Referring the petition of
Whitehall. John Goldingham and Ralph Lane to Lords of Trade and Plan-
tations for report. Signed, Phil. Musgrave. \ p. Annexed,
494. i. The petition referred to. At the end of October, 1684,
shortly after the suspension of Sir John Witham, we said,
in discourse, that if Sir Richard Dutton were to die or
leave the Island Sir John would be chief in the Govern-
ment. Sir Richard Dutton, hearing of this, summoned us
before himself and Council, and adjudging the words
seditious, had us arrested. We were afterwards indicted
for using these words and for saying that half Sir Richard's
salarv had been stopped for Sir John Witham, and we were
fined fifty pounds by Henry Walrond, Chief Judge of the
Grand Sessions, and some few more of the Council. The
words were true and could not have served for an indict-
ment under any other Governor. We appeal to Your
Majesty for remission of the fines and for relief. Copy.
H PP-
494. ii. Order of Council of Barbados for committal of Ralph
Lane and John Goldingham. Dated 4 November 1684.
Copy. 2 pp. Endorsed. Read 29 Dec. 85.
494. in. Indictment of John Goldingham. Copy.
494. iv. Indictment of Ralph Lane. Copy. 1 p.
494. v. Depositions of Joseph Holderby, Charles Brettall, and
Thomas Marshall, in the case. Copy of the order for com-
mittal. Copies. 2 pp. The whole endorsed. Reed. 14
Dec. Read 30 Dec. 85. Sir R. Dutton to answer. [Col.
Papers, Vol. LVI., Nos. 112, 112 i.-v., and (order only)
Col. Entry BL, Vol. VII.']
Dec. 12. 495. Lieutenant-Governor Molesworth to the Governor of
Havana. I hope that my correspondence with you may be better
than with your predecessor, who countenanced a parcel of thieves
and robbers in all sorts of villainies against British subjects.
Hearing that one of our traders, Captain Chandler, and thirty or
forty more English are prisoners with you I send this small ship,
the Bonito, to ask you to restore them ; but I ask for none against
whom piracy can be proved. Copy. 2 pp. Endorsed. Heed.
22 March 85-6. [Col Papers, Vol. LVI., No. 113.]
AMERICA AND WEST INDIES. 127
1685.
Dec. 14. 496. Journal of Lords of Trade and Plantations. Petition of
Sir William Stapleton read (see next abstract). Agreed that he attend
the Committee with documents. Petition of the Deputy-Governors
of the Leeward Islands read (see No. 498).
Petition of Edward Plampin read. The Lords agreed on their
report (see No. 508).
Memorandum of letters despatched. [Col. Entry Bk., Vol.
CVIIL, pp. 231-232.]
[Dec. 14.] 497. Petition of Sir William Stapleton to Lords of Trade and
Plantations. Several times during my government and Lord
Willoughby's, laws, letters, and addresses concerning the Treaty of
Neutrality, the condition of the two companies, and our lack of arms
and ammunition, have lain long before you without your considera-
tion or motion. If you have time to consider these matters I beg
you to do so. I beg too that, if a new Commission be preparing for
me, and if I have not misbehaved myself in the last fifteen years, my
powers may not be lessened. Signed, Wm. Stapleton. Holograph.
1 p. Endorsed. Read 14 Dec. 85. [Col. Papers, Vol. LVI., No.
114.]
[Dec. 14.] 498. Petition of the Deputy-Governors of the Leeward Islands
to the King. We are all soldiers of fortune, but in our present
station are at continual charges for the entertainment of strangers
and others who resort to these Islands, and have nothing to depend
on but the people's kindness, which has been debarred from us by
recent orders of the late King. We beg the revocation of these
orders, and that provision may be made for us. Signed, Tho. Hill ;
Ja. Russell ; Red. Stapleton ; Ed. Powell. 1 p. Endorsed.
Reed. 14 Dec. 85. "Nothing." [Col. Papers, Vol. LVI., No.
115.]
[Dec. 14.] 499. Petition and address of the Lieutenant-Governor, Council
and Assembly of Barbados to the King. We have heard with ab-
horrence of the rebellions of Argyle and Monmouth, and rejoice to
hear that the rebels are put down. We have always been a loyal
Colony. Unfortunately our early success in planting sugar encour-
aged so many of our neighbours to do the like that our commodity
is become a drug. We are most of us overcharged with debt, and
the produce is subject to so many accidents and losses that we can
barely live. We beg therefore for an abatement of the additional
duty and that you will think of some other expedient to take its
place. Copy. Z\ pp. Unsigned. Endorsed. Original read 14
Dec. 85. [Col. Papers, Vol. LVI., No. 116, and Col. Entry Bk.,
Vol. VII., pp. 344-347.]
[Dec. 14.] 500. A list of the Signatories to the foregoing. Twenty-five
all. In the handwriting of a Clerk to the Board of Trade. \ p.
[Col. Papers, Vol. LVI., No. 117.]
Dec. 14. 501. William Blathwayt to Henry Guy. Forwarding the Ad-
Council dress of the Legislature of Barbados on the sugar duty (see No. 3(57)
Chamber, for the consideration of the Lord Treasurer. [Col. Entry Bk. t Vol,
VII., p. 347.]
]28 COLONIAL PAPERS.
1685.
Dec. 15. 502. Lieutenant-Governor and Council of Barbados to Lords of
Barbados. Trade and Plantations. Forwarding quarterly returns of the Coun-
cil's transactions and of imports. Signed, Edwyn Stede, John Hal-
lett, John Gibbes, Henry Quintyne, Tho. Walrond, Fran. Bond,
Robert Davers, Stephen Gascoigne. 1 p. Inscribed and endorsed.
Reed. 11 Mar. 85-6. {Col. Papers, Vol. LVI., No. 118, and Col.
Entry BL, Vol. VII., p. 358.]
Dec. 15. 503. Minutes of Council of Barbados. The Royal Instructions
were communicated to the Council. Ordered that copies of the
instructions against drunkenness and debauchery be sent to the
justices of the peace, and that the parish registers be kept more
exactly. Francis Bond sworn of the Council. Payments to Sir T.
Thornhill, John Saunders, John Atkinson, and John Parkinson for
work, etc., on the fortifications. 25 10s. ordered to Humphrey
Kent in compensation for a negro executed, and from 17 10s. to
20 to Francis Emperor, Abraham Baruch, Hugh Jones, and Abra-
ham Nowell for the same. Payments to William Barges, Edward
Pare, and John Frere on account of fortifications, to Benjamin
Dwight for services to the Committee of Public Accounts and to
John Hallett Further payments on account of fortifications and
gunners.
Dec. 16. Payments to Symon Cooper, Thomas Brewster, and John Stewart
on account of fortifications. Grant to Thomas Gibbes of the King's
title to lands of John Powrey deceased. The Lieutenant-Governor
announced that he would give no commission to any judge that
practised as attorney or pleader. Adjourned to 19 January 1686.
[Col. Entry Bk., Vol. XI., pp. 659-667.]
Dec. 15. 504. Journal of Assembly of Barbados. Thirteen members
only present. Adjourned to 16 February. [Col. Entry BTc. t Vol.
XIV., pp. 143-144.]
Dec. 17. 505. Governor Cony to the Earl of Sunderland. Superscribed.
Copy of a letter from Coopland Lea, George Bascom, William
Keeley, and Francis Dickinson to the Deputy-Sheriff. We need
your presence and advice in consequence of a riotous assembly of
Captain Sharp's men, who have seized William Righton's house
and continue there by force, using many bloody oaths, calling the
inhabitants rebels and charging them with attempting to kill the
Governor. Cony's letter begins. The above letter is a true copy.
Righton several times sailed from these Islands without giving
bond, or clearing in the Secretary's office, and carrying off several
quantities of tobacco without paying duty. For these offences I
imprisoned him, but he broke prison and sailed for Pennsylvania.
Returning thence he would not come under my command, but rid
in harbour in his boat some sixteen miles away close to his own house.
I sent to him to bring down his vessel and shew me his cocquets,
which he refused to do. I then sent Captain Sharp (who holds Sir
William Stapleton's commission) to send twelve of his men and
bring down Righton and his vessel. They found the vessel un-
riggecl and without her rudder, so returned without her, but by my
AMERICA AND WEST INDIES. 129
1685.
order two waiters stayed on board her. In the end Righton came
to me and showed me some four lines for his cocquet, written on
the blank paper of an old almanac. This being unsatisfactory to
me I committed him, and ordered Sharp's men to get the sails, etc.,
and rudder from his house and bring the vessel under my command ;
but none of the materials could be found. This is the real truth
about the riotous assembly. There was not the least incivility com-
mitted by Sharp's men. The waiters on board have deposed on oath
that there was at least a thousand pounds weight of tobacco in the
vessel above the amount stated in his cocquet. The three first sig-
natories of the above letter are of the Council, but suspended for
reasons given in my letter. Dickinson, a blacksmith, and one of the
Militia captains, is under suspicion of firing Mons. Desnouart's ship
for her iron. These signatories are now transformed into a Com-
mittee of Safety, and take upon them the government of the coun-
try and the disposal of the Crown lands for the maintenance of their
Ministers. Signed, Richard Cony. 1^ pp. Endorsed. Heed. 2
March 85-6. [Col. Papers, Vol. LVI., No. 119.]
Dec. 17. 606. The same to Lords of Trade and Plantations. Practically
a duplicate of foregoing. 1 p. Endorsed as foregoing. [Col.
Papers, Vol. LVI., No. 120.]
[Dec. 17.] 507. A collection of Enclosures to the two foregoing despatches.
507. i. Governor Cony's reasons for forbidding William Peniston
to transport tobacco till the magazine ship be laden.
Insufficient bonds offered ; -Peniston's vessel unable to re-
sist an enemy ; irrational not to load the magazine ship.
Dated 11 July 1685. 1| pp. Endorsed. Reed. 2 Mar.
85-6.
507. n. Deposition of Jonathan Stokes. As to an unauthorised
visit of George Bascom, William Keele, and others to
Pagett's port. Dated 12 October 1685. 1 p. Endorsed.
Reed. 2 March 85-6.
507. in. Statement of Guillaume Desnouart. As to the wreck
of his ship at Bermuda and the plunder of the wreck, in
spite of the Governor's orders, by the people. French. 2
pp. Endorsed. Reed. 2 March 85-6.
507. iv. Deposition of Captain Francis Tucker. As to the
ousting of himself from the command of Smith's fort by
William Keele. Dated 5 Nov. 1685. Scrap. Endorsed
as foregoing.
507. v. Petition of the officers of the Militia of Bermuda for am-
munition, there being not fifty pounds of powder in the
public stock. Signed, Antho. White, and five others.
Dated 26 Nov. 1685. Endorsed as foregoing. 1 p.
507. vi. Copy of the letter of the Justices to the Sheriff at the
head of No, 506, Scrap. Endorsed,
130
COLONIAL PAPERS.
1685.
507. vn. Declaration of Samuel Trott. As to violent words
spoken by George Bascom to Governor Cony. 1 p. En-
dorsed. Reed. 2 March 85-6.
Dec. 18.
Whitehall.
Dec. 19.
Dec. 19.
Jamaica.
507. viii. Deposition of John Best and others, as to the falsehood
of charges of misbehaviour against Captain Bartholomew
Sharp's men at Bermuda. Dated December 19 1685. 1
p. Endorsed as the foregoing. [Col. Papers, Vol. LVI.,
Nos. 121 i.-vi.]
508. Order of the King in Council. Report of Lords of Trade
and Plantations. On the petition of Edward Planipin, we recom-
mend that Lord Howard be ordered to bring the matter to a speedy
issue in the Courts of Virginia. Dated 14 December 1685. Or-
dered accordingly. [Col. Entry Bk., Vol. LXXXIIL, pp. 81-82.]
509. Deposition of John Best. As to words spoken by Cornelius
Hinson against Governor Cony, e.g., that if one ship should arrive
in this Island the Governor would be torn limb from limb. [Col.
Papers, Vol. LVI., No. 122.]
510. Lieutenant-Governor Molesworth to the Governor of
Merida. Hearing that you have several British prisoners in your
city I send Captain Adrian Scroope to ask you to restore them, but I
ask for none against whom piracy can be proved. Copy.
Below. Copy of a letter to the same effect to the Governor of
Campeachy. The whole 2\ pp. Endorsed. Reed. 22 March,
85-6. [Col. Papers, Vol. LVI., No. 123.]
Dec. 19. 511. The King to Lieutenant-Governor Molesworth. I send a
Whitehall. C0 py O f gi r Philip Howard's Commission, to be forthwith executed in
his absence by you. We have received your complaints against
Lieutenant Henry Butler, of the Ruby, and have ordered him to be
dismissed from our service. As you seem to want further instruc-
tions how to meet such, misbehaviour as his, it is our pleasure that
the law of the country be enforced against all crimes committed
ashore, though the offenders be on our actual service and pay on
board ship. Countersigned. Sunderland. [Col. Entry Bk., Vol.
XXXI., pp. 121-123.]
Dec. 20. ^ 512 The King to Captain David Mitchell, R.N. Ordering the
Whitehall, immediate dismissal of Lieutenant Henry Butler from the service,
that he may be tried by the civil power. [Col. Entry Bk., Vol.
XXXI., pp. 123-124.]
Dec. 21. 513. Sir William Stapleton to Lords of Trade and Plantations.
Council The enclosed copy of the demands made by me on Count de Blenac
Chamber. f or reparation for injuries to English subjects will make my re-
quests clear to you. Holograph. \ p. Enclosed,
513. I. Copy of demands made by Sir William Stapleton to
Count de Blenac. Dated 4 Nov. 1679. Eight Articles.
1 p. (see previous volume). [Col. Papers, Vol. LVI.,
Nos. 124, 124 i.]
AMERICA AND WEST INDIES.
131
1685.
Dec. 21. 514. Journal of Lords of Trade and Plantations. Petition of
Captain Christopher Billop read (see No. 489 i.), and the case
examined. The Lords agreed in their report (see ne.rt abstract).
Accounts of the office for the quarter ending Christmas 1685.
Signed. [Col Entry Bk., Vol. CVIII., pp. 233-237.]
Dec. 23. 515. Order of the King in Council. Report of Lords of Trade
Whitehall. an d Plantations. On the petition of Christopher Billop, we
recommend that the appeal be admitted, the petitioner giving
security in 2,000 to prosecute it. Dated 21 Dec. Ordered
accordingly. Printed in New York Documents, in., 366. {Col.
Entry Bk^ Vol. LXVIII., pp. 76-79.]
Dec. 29. 516. Journal of Lords of Trade and Plantations. Business of
the Leeward Islands. The Lords require a state of the damages
sustained from the French in the Leeward Islands to be laid before
them.
Petition of Henry Mudd read and referred to Sir Richard Lloyd,
Judge of the Admiralty Court (see No. 181).
Petition of John Goldingham and Ralph Lane read, and referred
to Sir R. Dutton for report (see No. 494 i.).
Colonel Cony's letter of 8 October read (see No. 390). Agreed to
consider it at next meeting.
Memorandum of letters despatched and received. [Col. Entry
Bk., Vol. CVIII., pp. 238-241.]
Dec. 29. 517. Minutes of Council of Barbados. The King's letter as to
rebels sent to the Island read. John Peers, Thomas Walrond,
Francis Bond, and John Gibbs appointed a Committee to draw up a
bill for the purpose. Ordered that the Assembly be summoned for
4 January next. [Col. Entry Bk., Vol. XI., p. 668.]
Dec. 30. 518. William Blathwayt to Sir Richard Dutton. Forwarding
Council the petition of John GoTdingham and Ralph Lane (see No. 494 i.),
Chamber. i\\a,i he may shew cause why the fines imposed on them sKould not be
remitted. '[Col. Entry BL, Vol. VII., p. 355.]
Dec. 30. 519. William Blathwayt to Sir Richard Lloyd. Forwarding
copy of petition of Henry Mudd for his opinion (see No. 181). Draft
with corrections. \ p. Endorsed. {Col. Papers, Vol. LVI., No.
125.]
5SO . List of the officers of the Leeward Islands
NEVIS.
Deputy-Governor: Sir James Russell.
Council :
Colonel Daniel Lanhather.
Colonel William Burt.
Lieutenant-Colonel Charles Pym.
Major Edward Earles.
Major Joseph Jory.
Captain Philip Lee,
COLONIAL PAPERS.
1685.
Captain Samuel Gardiner.
Mr. Henry Carpenter.
Mr. Nath. King.
ST. CHRISTOPHER'S.
Deputy-Governor: Colonel Thomas Hill.
Council :
Lieutenant-Colonel John Estridge.
Lieutenant-Colonel Roger Elrington.
Captain John Pogson.
Captain Joseph Crispe.
Captain Christopher Jeaffreson.
Captain James Phipps.
Mr. John Vickers.
ANTIGUA.
Deputy-Governor: Colonel Edward Powell.
Council :
Colonel Rowland Williams.
Colonel Christopher Codrington.
John Parris.
Nicholas Raynsford.
Lieutenant-Colonel John Vernon.
Captain Francis Carlile.
Captain Samuel Winthrop.
Major William Barnes.
Captain John Yeomans.
Major Archibald Cockram.
Captain John Lingham.
MONTSERRAT.
Deputy-Governor: Colonel Redmd. Stapleton.
Council :
Captain John Symms.
Lieutenant-Colonel John Devereux.
Lieutenant-Colonel Thomas Roche.
.^ Major Nicho. Meade.
Lieutenant William Fox.
Captain Tho. Nugent.
Captain Edward Reade.
ANGUILLA.
Deputy-Governor: Captain Abraham Howell.
TORTOLA.
Deputy-Governor: Captain Thomas Bisse.
BARBUDA.
Deputy-Governor: Captain John Henselm.
In the handwriting of Sir W. Stapleton. 1 p. Endorsed,
[Col. Papers, Vol. LVI., No. 126.]
AMERICA AND WEST INDIES. 133
1685.
521. Petition of Merchants and Planters, trading to St.
Christopher's and the rest of the Caribbee Islands, to Lords of Trade
and Plantations. In 1678 a treaty of neutrality between French
and English in the Leeward Islands was signed by the two
Governors in St. Christopher's, but being sent home for ratification
was laid aside on some objections of the French. We have not
nearly recruited the losses in the late unhappy war, and the
alarm and apprehension of another war keeps the plantations from
advancing. The English inhabitants have apparently decreased in
the last six or seven years in the Leeward Islands. We beg that
this may be considered and relief granted. Twenty-nine
signatures. Undated. [Col. Papers, Vol. LtVI., No. 127.]
[Dec.] 522. A collection of papers concerning the relations of the
French with the English in St. Christopher's.
522. I. Memorial of demands upon which satisfaction is ex-
pected from the French touching St. Christopher's. 1.
The restitution of several plantations sold to the French by
unjust contracts. 2. Satisfaction for wilful devastations
committed by French subjects on English plantations. 3.
Restitution of the ordnance, thirty-nine pieces, which were
in the English ports when they were taken. 4. That the
negroes belonging to the English who were not permitted
to choose their masters may be brought to do it, the number
taken by the French being 2,300. 5. That the English
fugitive negroes be restored by the French. 6. Restitv-
tion of the sovereignty of the English over their part of
the Island as it was before 1665, particularly in regard to
the Salt Ponds. 7. Satisfaction for damage received
through the obstruction of free transport from one English
part of the Island to another. 8. Satisfaction for receiv-
ing barbarous Indians and goods stolen by them from the
English. Copy. 2 pp. Undated.
522. II. Copy of Order in Council of January 8, 1676, with the
Report of the Lords of December 23, 1675 (see a previous
volume of this Calendar). 3 pp. Endorsed. Heed. 22
Dec. 1685.
522. in. Copy of Minutes of a Conference of the Commissioners
of the Treaty of Neutrality in the West Indies. Describ-
ing the rupture of negotiations. Dated 18 October
1679. 2 pp. Endorsed. Reed. 22 Dec. 1685.
522. iv. Copy of Order in Council of 9 March 1679-80, directing
Sir William Stapleton to prosecute his claims for restitu-
tion of the Salt Ponds and other districts (see previous
volume). \\ pp. Endorsed.
522. v. Copy of the Treaty of Neutrality agreed on between the
French and English in St. Christopher's. 6 pp. Latin.
[Col. Papers, Vol. LVL., Nos. 128 i.-iv.]
134 COLONIAL PAPERS.
1685.
523. Memorial concerning the French in the West Indies.
That they constantly seize British ships that come to wood and
water on their coasts or are driven into bays when plying to wind-
ward. This is proved by a letter from the Chevalier de St. Laurens,
wherein he alleges this to be the King's order. Several privateers,
pretending French Commissions even in time of peace, continue to
annoy British ships and have lately seized several. The privateers
are encouraged hereto by their not being compelled to give security
in their commission-ports as the treaties direct. [Co/. Entry Bk.,
Vol. XXXI., p. 125.]
524. Memorandum, headed, " Concerning saltpetre." Antigua
has afforded great quantities. Saltpetre has been made in Jamaica
as an experiment, but in no quantity ; it would probably be too ex-
pensive to be profitable. The same may be said of New England,
though in several small Islands on the coast there are great
quantities of dung, a foot thick, from which great quantities of salt-
petre may be raised at little charge. Inland also in places where
pigeons generally frequent great quantities of saltpetre may be ex-
tracted from the soil. Undated and unsigned. 1 p. [Col. Papers,
Vol. LVL, No. 129.J
525. Memorandum. As to certain merchants, who have ad-
ventured their estates with a person who knows the South Sea " on
the back side " of America, and sees prospects of trade with Chili,
but would be glad to know that such venture would not incur the
King's displeasure. 1 p. Undated and unsigned. [Col. Papers,
Vol. LVL, No. l:;0.]
526. Orders of Governor Sir William Stapleton in Council-
Against inveigling of women-servants; ordering candle and
lanthorn in lieu of torches to be used in the vicinity of cane fields
or other combustible matter ; fixing the breadth of common paths ;
respecting servants sold by indenture or otherwise ; against washing
in cisterns, ponds, &c. ; as to serving of executions by the Marshal ;
against demolition of fortifications ; to regular repair of arms by
smiths ; against poisoning ponds. [Col. Entry Bk., Vol. XLVIII.,
pp. 59-63.]
[Dec. ?] 527. Abstract of depositions transmitted by Governor Cony. 6
pp. [Col. Paper*, Vol. LV1., No. 131.]
528. The Council of Virginia to the King. Asking for repeal of
the Acts for disbanding soldiers, and for raising other troops in their
stead ; also of the Act repealing Act 9 of 1664. Undated. [Col.
Entry BL, Vol. LXXXIL, pp. 314-315.]
529. Account of pirates' goods returned by the executors of Sir
Thomas Lynch ; with the objections raised to the same by Roger
Elleteon. In parallel columns. The executors make the total
1,1971; Elletson makes it 1,7677. 3 pp. Endorsed. [Col. Papers.,
Vol. LVL, No. 132.]
1685.
AMERICA AND WEST INDIES.
135
530. Abstract of papers transmitted by Lord Baltimore as to the
boundaries of Maryland, Pennsylvania, and New Castle. 1 p.
Undated. [Col. Papers, Vol. LVI., No.
1686.
Jan. 2. 531. Attestation : that James Smailes, of the ship Bachelor's
Adventure, voluntarily broke bulk and delivered to Richard
Phillips part of the cargo without force or compulsion of any
kind. Signed, Richd. Cony, .Jno. Bee. Scrap. Endorsed. Reed.
10 May 80. [Col. Papers, Vol. LVII., No. 1.]
Jan. 3. 532. Captain Bartholomew Sharpe to the Earl of Sunder-
Bermuda. land. I have been driven into this harbour by want of pro-
visions. The Island affords plenty enough, yet I cannot be
accommodated for our money, though I have the King's com-
mission, unless we side with the peers of the land, as about twelve
of the principal men pretend to, call themselves, against the
King and Governor. They affront them daily and impudently
to such a degree that l should think myself a traitor if I did
not seek out means whereby the King may become acquainted,
and tins most loyal Governor assisted with power suitable to his
desire to serve his prince, for which they owe him a mortal
hatred. Holograph. 1 p. Signed, Bartholomew Sharpe, comr.
of the Josiah frigate. Signed also by, Paul Abney Letnt.,
Thomas AY alley Mastr, John England Commander of the Frances
brig. Endorsed. Reed. 2 Mar. 8o-G. [Col. Papers, Vol. LVIi.,
No. 2.]
Jan. 3. 533. Governor Richard Cony to Lords of Trade and Planta-
Bermuda. tions. The first five pages of this letter are a duplicate of a letter
of 8 October (sec No. 39(>), after which the letter continues:
In October last the Deputy Sheriff came to me with William
Penistoii, George Bascom, \Yilliam Keele and others to ask me
to permit the country to send its tobacco to Barbados or else-
where to buy arms and ammunition for the militia to defend
their country, having no money wherewith to buy, and that mean-
while I would permit them out of the magazine. They then
demanded of me the keys of the magazine and the great guns
before my door, saying that they were bought with the country's
136 COLONIAL PAPERS.
1686.
money and belonged to the country. As a matter of fact the
country has no right to them, as they were taken off wrecks many
years since. They then affirmed that the trust of the magazine
was in the Deputy Sheriff and not in me. The Deputy Sheriff
went on to say that he was also Treasurer, and that 1 ought not
to choose any one for that office. He then read a pass, and said
that in virtue thereof he was empowered to dispose of Crown-
lands and all the King's revenues, stores and concerns here.
After several contests he and his company at length departed,
but all of them except the Sheriff returned two hours later. What
passed between us is enclosed. It happened to be at the time
when news reached us of a great army raised by the Duke of
Monmouth and of the defeat of the King's forces. It was
whispered about the country that now or never was the time,
that the Duke was rightful king and no papist, and that the
Pope was the whore of Babylon and drunk with the blood of the
saints, and much more such stuff. I ordered all officers to keep
a strict guard against a rising, for in Cromwell's time they were
at that game, and one of the ringleaders was Richard Stafford.
The Sheriff, Bascom and Lea, disposed of two shares of Crown
land to Mr. Vaughan and Mr. Fowlls, an Independent minister,
for their preaching. I have counter-ordered this grant, but 1
question if I shall be obeyed. The Sheriff has many relatives in
the Island, so his private friends will be served and he himself
a secret gainer. Mr. Bond is a secret enemy to this country,
and I know not what to do with him. It is vain to imprison
him, for the whole country are his friends. I daily wish for the
King's orders or for redress ; meanwhile I am constrained to be
passive for fear of mutiny. Doubtless they intended to have
seized the ports, great guns and magazine had not the news
arrived of the Duke of Monmouth's imprisonment. I believe
Mr. Bond and Mr. Vaughan had some foreknowledge of the late
troubles in England. When I arrived here Vauglian professed
himself of the Church of England, and read Divine service accord-
ingly. Before I came he did not ; but after my coming he told
me that his conscience bade him conform. He would not
administer the Sacrament because he was not in high orders, and
he told me his one object in going to England was to obtain orders ;
then if he could not live by the ministry he would turn merchant.
A letter arrived addressed to the first clergyman in Bermuda,
sent apparently by the Bishop of London. None would receive
it except old Wiliam Bighton, once a preacher, now turned
lawyer, bv trade a tailor, and for many years servant to Hugh
Peters. I could not allow him to open it. When Vaughan
returned from England we expected the Prayer-book and che
Sacrament of the Lord's Supper. Few of the people knew what
it is except by hearsay. But he flung off his canonical gown,
and alter a chapter read by a silly clerk and a psalm irreverently
sung, stepped into the pulpit. The parish is so much troubled
at it that few or none will contribute their benevolence, which
he hoped would have far exceeded the two shares of land formerly
allowed him by the Company.
AMERICA AND WEST INDIES. 137
1686.
Neither the Sheriff nor the country will give me any account
of Crown-lands, whale-fishing or the King's shares. They
obstruct all settlement of the country and prefer to live in their
accustomed way of confusion, disorder and cheating. About six
weeks since Captain Bartholomew Sharpe came into St. George's
harbour with a commission from Sir W. Stapleton. He brought
no prize, only a few Indians which he ottered for sale. He
carries ten guns, eight patararoes and a hundred men. I could
not persuade the people to send their address to the King, after
1 had told them tne errors in the paper that they had drawn up,
but would have had me sign that. Richard Stafford told me
that my Commission was a patent and ought therefore to be ex-
posed lor every man to take a copy. I suspect Bond to be the
author of this point in law. So they are nibbling at my Com-
mission as they were at the late Company's patent. Some of
the justices of the peace questioned my authority to call Courts.
1 beg that you will call Captain Bee, commander of the magazine-
ship, before you, to declare how the people have behaved during his
nine months' stay among them. I have also received a petition
for powder, which I enclose. They will not buy it, but expect
the King to provide it, yet they use all inventions to defraud the
King's customs, led by the example of the Under-SherifE. I
suppose they wish the forts and castles to be unfurnished. I
know well that two pounds of powder is enough for a miltia-
soldier's stock for one year. If the Island were attacked it would
be taken before that quantity had been fired by every soldier.
Ever since my Commission came I had bidden them buy their
powder ; they want neither money nor opportunity. Vaughan
treats the Crown-land granted to him for preaching as his own,
under pretence of arrears due to him from the Company.
I sent part of this letter by Captain Christopher Potter of the
pink John and Samuel. After leaving the harbour he caught
up two of my household slaves, who were fishing, and earned
them off. I beg that Potter may be enquired after and the slaves
seized, for they are the King's. Now I have none but old slaves
left; the two stolen were all that I could expect labour from.
So far I have not sattled any Court of Judicature. I have had
enough to do to keep the country from downright rebellion, nor
have I dared to call a General Sessions till I have the King's
orders. It would do little good, and we could not expect an
honest jury. About two mouths since I called a Court to decide
a difference between the master of a vessel and his merchant.
The cause went on the merchant's side, and the master doubting
that he should be cast, by old Brighton's instigation, as is sup-
posed, disowned the Court. His vessel is seized in execution and
himself imprisoned, and the master, disappointed of his voyage,
is forced to remain here with his cargo. The master, whose name
is James Smailes, hoisted his colours reversed on hearing of the
Duke of Monmouth's defeat, though his vessel was then riding
before my door. This animated the fanatic faction greatly.
The country is too full of inhabitants, there is not land nor em-
ployment for such a multitude, so the country is pestered with
thieves and idle persons. I beg to suggest that no man in the
138 COLONIAL PAPERS.
1686.
Island be allowed to keep more than ten slaves. They are so
numerous as to be a danger, and ten slaves will do the work of
any freeholder in the country. I suggest also that Captain Bee
or some other be employed to every year to transport our tobacco
to England. This will be a great security for the King's
Customs against fraud, for now that the Company is dissolved,
no magazine-ships will be sent by them, which is just what the
inhabitants desired, that they may have the better excuse to ship
their produce to neighbouring Colonies and so to foreign
countries, which is still their practice. There should also be
a commission to search for and seize all smuggled tobacco or
Srohibited goods such as timber, for the timber of the Island is
estroyed for want of it. Also there should be power to deport
offenders to England and to prohibit exportation in another
bottom. This Captain John Bee has been several times em-
ployed by the Company, and understands the people well. He
is a loyal and honest and will look to the King's interest. Another
French vessel has been lately stranded here and became a prey
to the people. She was fired for the sake of her iron. The culprit is
suspecied, but I cannot obtain sufficient evidence against him,
for the people are all akin by consanguinity and villainy. The
principal person in the vessel, Mons. JNouart, intends to apply
to you for redress. I have enclosed an account of the business
to Lord Sunderland. Vaughan has been threatening some of
the King's tenants that he will buy their land, and that is one
of his chief errands to England. The selling of the inhabitants'
land by the Company was the principal ground of the quarrel
between them. It is the great aim of the people to buy all the
Crown lands, if the King will sell them, which I conceive would
be very prejudicial. So long as they are tenants they can be
in some measure awed. Signed, Richd. Cony. Holograph.
8| very closely written pages. Endorsed. Reed. 2 March 1685-6.
Enclosed,
533. i. Attestation of Francis Tucker, as to the demand of the
magazine and other matters by Deputy Sheriff John
Hubbard. 2 pp. Endorsed. Reed. 2 March, 85-6.
o6'6. II. Letter from 'Nicholas Thornton to Richard Cony.
Testifying to the civil behaviour of Captain Sharpe's
men. Inscribed by Governor Cony. This is the
evidence concerning Captain Sharpe's men's deport-
ment when I sent them to bring down William Righton's
vessel. 1 p. Endorsed. Reed. 2 March 85-6.
533. in. Attestation of Peter Dick and others that James Smailes
hoisted his colours reversed when he heard of the Duke
of Monmouth's defeat. 1 p. Endorsed. Reed. 2
March 85-6.
533. iv. Memorial of the goods on board the French ship stranded
in Bermuda. French. 2 pp. Endorsed as the fore-
going. 2 pp.
533. v. Copy of charges against Governor Cony with his answers.
2 pp. Endorsed as the foregoing. [Col. Papers, v oi.
LVII., Nos. 3, 3 i.-iv., and (letter onhj] Col. Entry 13k.,
Vol. XVII., pp. 185-192.]
AMERICA AND WEST INDIES. 139
1686.
Jan. 3. 534. Duplicate of the despatch above abstracted. 9 pp. Holo-
graph by Governor Conty. Endorsed, Reed. 2 March. [Col.
Papers, Vol. LVII., No. 4.]
Jan. 3. 535. Abstract of the .same despatch in two parts, dated 8
October and 3 January. The whole 4 pp. Endorsed. [Col.
Papers, Vol. LVII., No. 5.]
Jan. 3. 536. Extract of the same despatch. The paragraph referiug to
Christopher Potter. Copy. 1 p. Endorsed. [Col. Papers,
Vol. LVII., No. 6.]
Jan. 4. 537. Minutes of the Council of Barbados. The Assembly was
summoned, the King's letter of 10 October 1085 concerning trans-
ported rebels read, and a bill recommended to them. The
Lieutenant-Governor recommended the appointment of Stephen
Gascoyne to be treasurer of the Island. A Bill touching trans-
ported rebels passed the Council and was sent to the Assembly.
The Assembly brought up a Bill for the appointment of Treasurer,
which was passed by the Council. Colonel Gascoyne to give 4,000
security in taking the office. Acts appointing a committee to
settle the public accounts and to deal with convicted rebels passed.
Adjourned to 19th instant. [Col. Entry Bk., Vol. XI., pp. 069-
070.]
Jan. 4. 538. Journal of Assembly of Barbados. John Reid elected
Speaker, and Stephen Gascoyne Treasurer. John Reid, Paul
Lyte, Abel Allen and John Davies appointed a Committee of
Public Accounts. A Bill to constitute them passed. Adjourned
to 10 March. [Col. Entry Bk., Vol. XIV., pp. 144-145.]
Jan. 5. 539. Minutes of Council and Assembly of Antigua. Message of
the Assembly to the Governor and Council. We think the Act
for raising public stock sufficient till 25 March next. We beg
the Treasurer to proceed at once to the recovery of arrears. We ap-
prove of the Act sent us. Answer of the Governor and Council.
\Ve are surprised that you say nothing of amendment of the Act.
We send it back to you for review. It was of your proposing,
and we expect you to amend it. [Col. Papers, Vol. LVII., No.
49.]
Jan. 8. 540. Lieutenant-Goveriior Stede to Lords of Trade and Planta-
Barbados. tions. Sickness and bad weather have been very prevalent, and
we have lost many from small-pox and violent fevers. I have
therefore been obliged to adjourn the jCouncil from time to time,
the members in the country being afraid to come to town, and
have only just been able to get a full Council to which to com-
municate the King's instructions. We have already passed the
Act required respecting transported rebels, which I hope will meet
with approval. The first shipload of them has arrived, and I send
an account of the people to whom they have been assigned. A
second shipload does not agree with the list sent to me. These
are not yet all disposed of, so I cannot give you a full account of
their masters by this ship. I shall give you a fuller account of
the affairs of the Island when improved health and weather permit
140 COLONIAL PAPERS.
1686.
me. I learn from Captain St. Loe of H.M.S. Dartmouth, that the
French begin to make settlements, build houses and inhabit on
St. Lucia, an Island belonging to the King, and included in my
Commission. The French settlers assert that they are there under
the French King, who is the lawful owner of the Island. Pray
obtain for me the King's orders. Signed, Edwyn SteSe. Holo-
graph. 2% pp. Endorsed. Reed. 11 March 1685-6. Enclosed,
540. i. A list of the prisoners from Exeter, Wells and Dorchester
Gaols, being a copy taken from the original warrant, 9
Jan. 1685-6. Attestation by John Whetstone, Deputy
Secretary. Endorsed. Reed, from Barbados 11 March
1685-6.
540. n. Afresh list of the same prisoners, being the first ship's
load that arrived in Barbados. Dated. Certified and
Endorsed as the foregoing. Large sheet.
540. in. A table showing the disposal of the same prisoners to
their masters in Barbados. One master has as many as
seven. Dated, Certified, and Endorsed as the foregoing.
540. iv. A list of the shipload that was not in accordance with
the warrant of the Lord Chief Justice. Dated, Certi-
fied, and Endorsed as the foregoing. [Col. Papers, Vol.
LVII., Nos. 7-7 i.-iv., and (without enclosures) Col.
Entry Bk., Vol. VII., pp. 358-360.]
Jan. 8. 641. Deputy-Governor Stede to the Earl of Sunder-
Barbados. land. The French have been sending people to St. Lucia from
Martinique and from other of their settlements. I asked Captain
St. Loe of the Dartmouth, to call there on his way to Nevis and
make enquiries. He writes me that he landed there, and was very
civilly received by four white and seven black men, who however
claimed the Island on behalf of the French King. Pray obtain
for me instructions. The French hold so good a correspondence
with the Carib Indians that they are never disturbed wherever
they go, and it is they, I presume, who make the Caribs so fierce
against the English, for it we send to cut wood in St. Lucia, or
the Islands near, we are obliged to guard our labourers, or they
would be cut oft'. The French need never be at this pains; it is
thought that they set them to annoy the English by reminding
them of the Dominica wars of Colonel Warner and Sir William
Stapleton. We have passed an Act for the transported rebels
(repeats substance of preceding letter). Holograph. Signed,
Edwyn Stede. 4 pp. Endorsed. Read at the Committee of
Foreign Affairs. March 17 1685-6. [Col. Papers, Vol. LVII.,
No. 8, and Col. Entry BL, Vol. VII., pp. 360-362.]
[Jan. 8.] 542. Petition of John Daniel to Lords of Trade and Plantations.
I was a Chief Judge of a Court of Common Pleas. A complaint
was brought before me against Sir Timothy Thornhill for pro-
fane language. He being a member of the Council, I thought it
my duty to acquaint Governor Sir Richard Dutton. Sir Richard
first blamed me for not bringing witnesses to prove it, which I
presently did, but he seemed to neglect the matter (for Sir Timothy
had found means to be much devoted to him) and forthwith, with-
AMERICA AND WEST INDIES.
1686.
out any cause assigned except the matter aforesaid, struck me
off the Commission of the Peace, and appointed a new judge of Com-
mon Pleas in my place. Thus he punished me instead of Sir
Timothy, whom he appointed Major-General of the forces in the
Colony, an office which a little before he had declared to be un-
necessary and useless. I beg redress. 1 pp. Endorsed. Reed.
8 Jan. 1685-6. Kead at the Committee 23 Mar. Annexed,
642. i. Deposition of John Daniel, to the same purport as the
petition. Sworn before William Chester. 8 August
1685. 1 p.
542. ii. Copy of John Daniel's letter to Sir Richard Dutton
making complaint against Sir Timothy Thornhill. 1 p.
542. in. Deposition of Honoria Savery as to the language used
by Sir Timothy Thornhill. | p.
542. iv. Deposition of Elizabeth Brooking, to same effect, p.
542. v. Deposition of Dorothy Green, to same effect. Scrap.
542. vi. Deposition of Francis Brooking, to same effect. Scrap.
542. vn. Deposition of Lieut. -Colonel Thomas Helme, to same
effect. Scrap. [Col Papers, Vol. LVII., Nos. 9, 9
I.-vii., and abstracted in Col. Entry Bk., Vol. VII., p.
370.]
Jan. 12. 543. Minutes of Council of Jamaica. In consequence of lack of
funds the military parties serving against the negroes were dis-
charged. Order lor every parish to provide for its own security
by its own party or guard. Order for payment of 31 4*. Qd.
to T. Jennings for hire of his sloop. The petition of William
Peartree for consideration on account of a wound received while
pursuing the rebellious negroes. He was referred to the Justices
and Vestry of St. Dorothy's and St. Thomas in the Vale. [Col.
Entry Bk., Vol. XXXVI., pp. 103-104.]
Jan. 16. 544. Journal of Lords of Trade and Plantations. Lord Howard's
letter of 13th November read (see No. 459) together with an ad-
dress from {he Assembly of Virginia, concerning the tax on
tobacco in England. The address referred to the Lord Treasurer.
Draft of a reply to the answer from, the French Court concern-
ing the English fishery on the coast of Acadia read, and reserved
for further consideration.
On the business of Bermuda the Lords agree to advise the
continuance of Colonel Cony as Governor till further order, and
the transmission of a Commission and instructions to him. [Col.
Entry BL, Vol. CVIII., pp. 242-243.]
[Jan. 16-3 545. Answer of the French concerning the fishery of Acadia.
The coast of Acadia, which extends from the Isle Persee to the
Isle de St. Georges, belonged to the French till 1664, when it
was taken by the English and restored by the Treaty of Breda in
1667. The French have, therefore, the titles of first occupation,
long possession and a treaty of peace. But the English finding
greater facilities there than in New England, continued to fish in
French ports, with and without permission, until French trade
was much interrupted, In December 1683 the Frencli King
142
COLONIAL PAPERS.
1686.
gave Sieur Bergier and his company a patent to establish a fishing
station on this coast, which company, in 1684, issued a prohibi-
tion to foreign vessels to enter within its juridiction on pain of
confiscation. In spite of the publication of this the English
vessels continued to come there until Sieur Bergier in August
1684, seized eight of them, took away their fish and furs and
carried the masters before the authorities in France. Two of
these were found to have permits. These were discharged, and
orders given for the restitution of their ships. The rest were con-
fiscated. Oopy, French. 2 pp. Endorsed. Reed. Jan. 16
1685-6. [Col. Papers, Vol. LVII., No. 10, and, with a transla-
tion, Col. Entry J3L, Vol. LXI.,pp. 296-299.]
Jan. 16. 546. William Blathwayt to Henry Guy. Forwarding the ad-
Council dress from the Assembly of Virginia concerning the tax on
tobacco to the Lord Treasurer for report (see No. 458). [Co/.
Entry BL, Vol. LXVIII., p. 79.]
Chamber.
Jan. 16. 547. Minutes of Council of Assembly of Nevis. Agreed that the
Governor's expenses in government be defrayed. [Col. Papers,
Vol. LVI., No. 43.]
Jan. 16. 548. Lieutenant-Governor Molesworth to William Blathwayt.
Jamaica. ^ soon as Captain Stanley could refit after his return from
the wreck, I sent him to Havana to ask for the release of Captain
Chandler and about forty others, who have been taken at various
times on the Coast of Cuba. The account that I formerly gave
vou of Chandler's capture was incorrect, and only of late have
his letters arrived, which occasioned the despatch of Captain
Stanley. I enclose copy of my instructions to Stanley, and of my
letter to the Governor of Havana [warding], Porcio's factor, Saint
Jago de Castillo, having answered roundly to the Bill in Chancery
brought against him by Coyman's factors, has commenced a
vexatiou3 action against one of them, Alexander Olivero, for
scandal, setting his damages at 10,000. Being sensible that
this was done only to discourage him from his duty and to weary
him of carrying on the affairs of the Assiento in the Island, I
granted Olivero a supersedeas and discharged him from the action,
believing from private information that the Spanish King's letters
in favour of Coyman were approved of by their Lordships. I
doubt not but that there will soon be occasion to send Castillo
to account for his management of the Assiento before a proper
tribunal. The Spanish Ministers both at Panama and Carthagena
press me to do so, but as his accounts show the Assiento to be in
his debt I have no power. When proofs arrive to charge him
with certain defalcations, the case will be altered. Castillo relies,
in his opposition to the King of Spain's Minister, upon his letters
of naturalisation which were granted to him at a time when he was
frequently disturbed in his business as factor to the Assiento, but
as he has not complied with the conditions of the Act, namely,
that he should settle and plant, I informed his counsel that he
could claim greater benefits than were granted by the King him-
AMERICA AND WEST INDIES. 143
1G8G.
self, viz., liberty to trade, not exemption from responsibility for the
revenue that passes through his hands. I beg for full instruc-
tions on these points.
Captain John Coxon, a notorious privateer, who took advantage
of a clause in the Act for restraining and persuading pirates, to
return to the honest life, became weary of it and reverted to
piracy, has wearied again of that and returned here. His bond
for good behaviour, when required, could not be found, but I
have evidence against him and have ordered him to be appre-
hended. The place of trial will be St. Tago de la Vega, where
there will be fewer sympathisers among the jury.
A large ship of the Assiento has lain here for fourteen months
waiting for a cargo of negroes. She is now ordered to load for
Puerto Velo with six hundred only, rather than lose the favourable
time, and if she cannot obtain that number here to sail for
Curac.oa. Unfortunately these orders arrived when we were wholly
unfurnished with negroes, and the ship was just starting for
Curagoa, to the great discredit of this Island, when two of the
African Company's ships arrived with five hundred negroes, which,
with a few in the country, sufficed to make up the required number.
Considering the importance of the occasion I agreed to provide
a convoy, and Captain Mitchell will receive orders at the same
time for the arrest of Bannister, whom he is as likelv to en-
counter on this voyage as on any other. The Assiento borrowed
the money for payment for these negroes at 35 per cent. It is
creditable to the Island that so much ready money could be
obtained, and the return of it in pieces-of-ei<?ht will be for the
common good. I shall send copy of my instructions to Captain
Mitchell by next ship. I now send copy of my letter to the
Governor of Merida resr>ectin<? English prisoners. Reed. April
21 1080. [Col Entry BL, Vol. XXXI. pp. 128-139.]
Jan. 17. 549. Lieutenant-Governor Molesworth to William Blathwayt.
Jamaica. Though I have written at length already (see No. 548), I must
acquaint you with some proposals made to me by Captain Simon
Musgrave and others for the erection of a cotton manufacture
in this Island. The result would be to further the settling, im-
proving and strengthening of Jamaica by the addition of many
small plantations, and to find employment for many of the lower
sort of people who would otherwise seek a livelihood by privateer-
ing in this Island. For the encouragement of the undertaking,
they beg that the King will grant to the undertakers, 1. The
monopoly of all cotton manufacture in the Island for a term of
years, being a new invention there. 2. The Royal assent to an
Act to compel burying in cotton in Jamaica, as in the like case
for burying in woollen in England. 3. The imposition by the
same Act of a duty on all cotton yarn and cotton manufacture
imported. I beg for instructions. [Col. Entry Bk., Vol. XXXI.,
pp. 139-140.]
Jan. 18. 550. Sir Richard Button to Lords of Trade and Plantations.
I have perused the petitions of Goldingham and Lane. (See
No. 494 i.) I know nothing of it except that the indictment
144 COLONIAL PAPERS.
1686.
was preferred by the Attorney General at Grand Sessions, and the
fines set by the same Court, but that I have given no orders nor
interposed in any way. Signed, Ri. Button. Holograph, \ p.
Endorsed. Reed. 21 Jan. Reed. 8 Mar. 1685-6. [Col. Papers,
Vol. LVII., No. 11, and Col. Entry BL, Vol. VII., p. 355.]
Jan. 19. 651. Minutes of Council of Barbados. The Lieutenant-
Governor informed the Council that he had lately inspected the
fortifications and found them much decayed. Commissioners
were appointed in each division to superintend the repair thereof.
Order for 300 to be placed in the Lieutenant-Governor's hands
for emergencies, he having already spent part of that sum out
of his own pocket. Order for payment of two years' salary due
to Francis Chamberiayne, gunner. [Col. Entry Bk., Vol. XI.
pp. 673-674.]
Jan. 21. 562. Governor Richard Cony to the Earl of Sunderland. Five
Bermuda, days after the departure of the magazine-ship, the enclosed was
sent me by the subscribers. Had they sent it to me before she
sailed, I should have answered more fully. It is their usual way
to accuse their Governors, but not let them know what their
crimes are before they have sent them to Court. They think
that their false story will be accepted by the King or Privy Coun-
cil, boasting that they were believed against a Company, so why
not against a Governor? They assure themselves that Mr. John
Tucker and Mr. Burghill will not fail them. Mr. Vaughan
boasts that he has engaged them in a quarrel against me. I have
replied to it as Well as time would permit, but I was surprised
to receive such a letter. Signed, Richd. Cony. P.S. The people
publicly confess that they have nothing to say against Capt.
Sharpe, but would shoot me through him. I have formerly been
offered 50P not to enquire into public lands, slaves, and other
questions, but as I do my duty they are disgusted. They them-
selves are the chief obstacles to their own happiness. I heartily
wish that Richard Stafford and Bond were both before you.
'Holograph. 1 p. Endorsed. Reed. 18 Apr. 86. Enclosed,
552. i. The inhabitants of Bermuda to Governor Cony. We
beg you neither to do nor suffer the things following.
(1.) That no man may be deprived of his property with-
out legal trial. (2.) That no man be imprisoned with-
out crime or advice of counsel. (3.) That no more
armed men be sent into the country to rob people under
pretence of exercising authority. (4.) That our vessels
when they have paid their duties may not be hindered
from proceeding on their way. (5.) That powder money
and public rents may not be turned to private ends.
(6.) That officers established during the late reign may
be continued, not supplanted by Igss capable men.
(7.) That our Captains of forts and companies may not
be refused powder, nor the country refused leave to sell
its produce to buy ammunition. (8.) That we may no
longer be compelled to pay uncertain fees, nor (9)
denied our old privilege that tl\e Governor a.nd Council
AMERICA AND WEST INDIES. 145
1686.
shall sit together and determine causes by the majority
of votes. (10.) That we may not be represented as
rebels and traitors. We offer these things not to
offend you, but beg you to rectify them. We beg you
enquire by what authority Captain Bartholomew Sharpe,
who took Campeachy from the Spaniards, is entertained
here and commits unwarrantable acts. Thirty-eight
signatures, against some of which Governor has written
notes. Henry Durham. Note. This Durham is a native,
and was Governor when I came here. Francis Dickinson.
Note. The person supposed to have fired the stranded
French vessel. Christopher Burrows. Note. The man
who with a dozen more drew his sword on me and
assaulted me. Copy. 2 pp. Certified by John
Hubbard, Deputy Sheriff. Endorsed, Reed. 19 May 80.
552. n. A rough draft of the foregoing with half of it struck
out. Inscribed. This is Richard Stafford's own hand-
writing as is affirmed to me. Signed, Richard Cony.
552. in. Governor Cony's reply to the inhabitants of Bermuda
(see No. I). (1.) I never went about it. (2.) I never did.
(3.) This reflects on my sending Captain Sharpe's men
to bring down Righ ton's vessel. When I send the
townsmen on such errands the country rises against
them, and disarms them. Sharpe's men behaved civilly,
as Captain Bee can evidence. (4.) I never do interfere
except when I know them to be about to defraud the
King's customs. (5.) I am not a private man in
Bermuda, and I apply the money to the King's service.
(6.) I have displeased only Keel and Bascoin, who never
had a commission from me, and have been grossly in-
subordinate. (7.) I am unwilling to waste public stores,
and have strong cause to suspect Keel and Bascom of
fraud. (8.) I take no fees, nor ever have, except for a
sea-brief five shillings, and for a warrant one shilling.
If they want a warrant for nothing they can go to the
next justice of the peace. They would have me be
troubled with their impertinences gratis. (9.) I know
my Council too well. (10.) I have never called them
rebels and traitors, though they frequently call me a
traitor. As to Sharpe, he has Sir William Stapleton's
commission. If he has gone beyond it, it is more than
I know, or any Bermudian knows. They encouraged a
proclaimed pirate because he bought three or four thou-
sand pounds' worth of goods ; Sharpe has onlv money to
pay for provisions for his men, so they will sell him
none. All their spite against Sharpe is because I
asked him to bring down old Righton's vessel. His men
have behaved very well. Though the Deputy Sheriff's
name is not among the signatures, yet he is one of the
chief of the cabal. I wish that we had an honester man
for the place, as well as an abler secretary. The
malignity of the people is shown by the date of their
letter. It is dated the 1st Jan., but it did not reach
1 J
146
COLONIAL PAPERS.
1686.
me until four days after Capt. Bee sailed for Eng-
land, that is to say, not until the llth. I met with this
conveyance accidentally. Here follow brief biographies
of a few of the signatories. See Governor Cony's notes
to No. 1. The whole, four closely written pages. En-
dorsed, Reed. 18 April 86.
552. rv. Journal of the French ketch stranded at Bermuda,
giving an account of the plundering of her. The ship
was undamaged by the stranding. List of the cargo.
Signed, J. Bargeau. Sworn before Governor Cony. 20
Jan. 1686. French. 4 pp. [Col. Papers, Vol. LVIL,
Nos. 12, 12 i.-v.]
Jan. 22. 553. Order of the King in Council. Report of Lords of Trade
Whitehall. an( j Plantations recommending that Colonel Cony continue as
Governor in Bermuda for the present, and receive the Royal Com-
mission and instructions. Dated 16 January 1685-6. Ordered
accordingly. Signed, Phi. Lloyd. 1 p. {Col. Papers, Vol.
LVII., No. 13, and Col. Entry BL, Vol. XVII., pp. 182, 183.]
Jan. 22. 554. The Deputy-Governor of Nevis to Lords of Trade and
Nevis. Plantations. H.M.S. Dartmouth arrived here on 5 December last
with orders to look out for an interloper and to assist the Agent of
the Royal African Company. I have given Captain St. Loe all
the help in my power, and have despatched him to cruise again in
search of interlopers. Signed, Wm. Burt. Read in Council, 26
March 1686. [Col. Entry BL, Vol. XLVII., p. 197.]
Jan. 22. 555. The same to the same. Your orders of 29 April 1685
Nevis. have been duly received and distributed. I shall obey your orders
as to confiscation of foreign or unfree vessels trading hither as
I have done. Signed, Wm. Burt. Reed in Council, 26 March
1686. \CoL Entry BL, Vol. XLVII., p. 198.]
Jan. 26. 556. Minutes of Council and Assembly of Nevis. The
Assembly concurred in the Council's proposal to confirm the laws
sent home to the King till his further orders. [Col. Papers, Vol.
LVI., No. 43.]
Jan. 29. 557. Minutes of Council and Assembly of Nevis. Proposed
by the Assembly (1) that no persons buy for sale any parcel of
provisions till the importer has been on the Island eight days ;
(2) that any negro abusing or threatening any person be punished
by thirty lashes at the whipping post, that any slave striking or
throwing anything at a white person lose his hand ; (3) that any
negro stealing from one to three hundred pounds of sugar in
value shall suffer for the first offence loss of one ear, for the
second loss of the other ear or sixtv lashes, and for the third
death ; (4) tnat any person compounding to conceal or make satis-
faction for tne above offences be fined a thousand pounds of sugar ;
(5) that any masters or mistresses permitting a tumult of their
slaves without endeavouring to suppress it be fined two thousand
pounds of sugar, any slave disobeying the same shall receive
AMERICA AND WEST INDIES.
147
Feb. 1.
Custom
House.
1686.
thirty lashes. The Council concurred with the Assembly in
granting 100,000 Ibs. of sugar to William Burt to defray the
ordinary expenses of government. [Col. Papers, Vol. LVI. t No.
43.]
[Jan.] 558. Memorial to the French Ambassador concerning the
French in the West Indies. The Governor of Jamaica complains
that the French continually seize the ships of English subjects,
whether they come into French ports in the West Indies to wood
and water, or whether driven thither by stress of weather. The
fact is confirmed by a letter from the Chevalier St. Laurens, who
shows an order from the French King to confiscate all vessels
anchoring in French ports. Several privateers also, pretending
French commissions, even in time of peace continue to harass
English traders, being encouraged by their not being obliged to
give security in their commission-port as the European treaties
direct. 1 p. [Col Entry BL, Vol. XXXI., pp. 125-126.]
559. Commissioners of Customs to Lords of Trade and
Plantations. We have considered the address of the Assembly
of Virginia touching the new imposition on tobacco. There is
nothing therein that we have not heard before from the merchants,
and we believe that the mischief to the planters arises rather from
the abundant quantity of tobacco than the imposition. As in the
case of sugar, we think it inadvisable to make an alteration of the
duties as they now stand until after at least a year's experience.
Signed, D. North, Ch. Cheyne, Jn. Werden, W. Dickinson, T.
Chudleigh. Enclosed,
559. i. A copy of the address (see No. 458). [Col. Papers,
Vol. LVII., No. 14, 14 i., and Col. Entry Bk., Vol.
LXXXIII., pp. 109-110.]
Feb. 2. 560. Minutes of Council of Jamaica. This meeting was
called to advise as to the means of suppressing the rebel negroes,
who are now more formidable than ever before. On the advice
of the Governor, it was ordered that twelve parties be forthwith
raised out of the several regiments, each of eighteen men with
suitable officers, that those guilty of neglect of duty should be
called to serious account, that petty offences should be punishable
by officers commanding parties, with other provision for discipline
and quarters, that every party have a good gang of dogs, and be
empowered to impress hunters and dogs. Every man killing a
negro to have 20, or, if a servant, his freedom ; every man
taking a negro to have 40 ; any party killing a negro to divide
20 round ; which rules should be heartily commended to the
next Assembly for confirmation. Reginald Wilson produced his
new Commission as Naval officer, and was sworn. [Col. Entry
Bk., Vol. XXXVI., pp. 104-106.]
Feb. 3. 561. Lieutenant-Governor Stede to Lords of Trade and
Barbados. Plantations. I send you a list showing the disposal of the rebel
prisoners brought in the second ship, and a list of those brought
for Sir William Booth in the John frigate. I made strict enquiry
if any supernumerary rebels had been brought out here privately
J 2
148 COLONIAE PAPERS.
1686.
without being subject to the ten years' servitude, and discovered
one, Randolph Babington, brought in the John, i enclose his
account of himself, and meanwhile have taken him into custody.
I also enclose the deposition of one Daniel Manning, who was sent
by the kidnappers from London with about twenty-three more to
serve here or at Nevis for a term of four years only, as is usual in
such cases. But only Manning had been in the rebel army, to
which he says he was compelled, though he never had any arms,
and that after two days' march he escaped to Colonel Kirk's regi-
ment, was enlisted therein and discharged after the rout of the
rebels, as his certificate from Captain St. John shows. He then
went to London, where he was never known to have been in the
rebel army, and was kidnapped and sent hither, as I have said.
I send the indenture since it is not according to the appointed
form, for want of which many are sent to the Colonies against
their wills and contrary to the King's orders. I have spent a week
in inspecting the forts, and find them to be very defective, chiefly
owing to the neglect of my predecessor, but I have given the
necessary orders for making good the defects. We want however
forty cannon, which cannot be obtained here* I beg that they
may be supplied from the stores of Ordnance. As soon as the
small-pox abates, I hope to review the militia. Signed, Edwyn
Stede. Holograph. 3 pi). Endorsed, Reed. 18 April 86.
[Col. Papers, 'Vol. LVII., No. 15, and Col. Entry BL, Vol. VII.,
pp. 367-369.] Annexed,
561. i. The examination of Randolph Babington. Is a Lon-
doner by birth, and kept a warehouse, but went to the
West in July 1685 on business. While he was at
Taunton the Duke of Monmouth arrived with his army,
but examinant was only a 'spectator of that army. After
the defeat of the rebels he was arrested and tried before
Chief Justice Jeffreys, pleaded guilty, and was con-
demned, but was ultimately granted to Sir William
Booth for Barbados. Having some money he stipulated
with Sir William for 28 to go to Barbados as a free
passenger, and to stay there as a free resident during
nis term of years, paying also the cost of his passage.
On arrival he remained for nine or ten days unmolested,
until apprehended by the Lieutenant-Governor's order.
Taken before Edwyn Stede. 29 Jan. 1685-6. Certified
copy. 1| pp. Endorsed, Reed. 30 March 1686.
561. n. The examination of Daniel Manning. Was a black-
smith's apprentice near Taunton, and shod the cattle
and horses of the Duke of Monmouth's army on their
arrival. He was impressed to join the rebel army as a
farrier, his master being willing that he should go.
After two days he escaped, and joined the King's army
between Glastonburv and Taunton, and enlistei in
Captain St. John's Company of Kirk's regiment. He
was with them until after the fight of King's Edge Moor
but had no arms and took no part in it, being ordered
to stay at Weston, with about sixty more that had no
AMERICA AND WEST INDIES. 149
1686.
arms, under charge of a sergeant. Shortly after the
fight he was disbanded, and received a pass from, his
captain, when he returned to his old master near
Taunton, who however refused to receive him for fear
of getting into trouble. Examinant therefore went to
London, where he was questioned whether he were not
a fugitive rebel, he was cleared by his captain's certifi-
cate; but one day on Tower Hill he met with one who
promised to get him employment if he would go four
miles over the river, and made him sign (examinant
being ill-treated) an indenture to serve in Barbados for
four years. He was then shipped off with twenty-two
more, none of whom to his knowledge had been in the
rebel army. Taken before Edwyn Stede. 25 Jan.
1685-6. Certified copy. 2 pp. Endorsed, Reed. 30
Mar. 1686.
561. in. Indenture for the transportation of Daniel Manning to
Barbados as a white servant by covenant with John
Peirson. Dated, 20 September 1685. Copy. 1 p.
Endorsed, Eecd. 30 Mar. 1686.
561. iv. Certificate of seventy- seven rebels transported to
Barbados by the John frigate, with the names of the
masters to whom they were assigned. One master takes
as many as fourteen. Certified by Edwyn Stede. 29
Jan. 1685-6. Attested copy. Large sheet. Endorsed,
Eecd. 30 Mar. 1686.
561. v. Similar certificate of seventy-two rebels transported in
the ship Betty. Certified. 1 February 1685-6.
Attested copy. Endorsed as the preceding. Sheet.
561. vi. List of ninety convicted rebels landed for. Sir "William
Bo&h at Barbados from the John frigate. Certified.
28 January 1685-6. Attested copy. Endorsed as the
foregoing. \Col. Papers, Vol. LVII., Nos. 15, 15 i.-vi.]
Feb. 3. 562. Duplicate of foregoing despatch. Signed, Edwyn Stede.
Endorsed, Eecd. 30 March 1686. [Col. Papers, Vol. LVII., No.
16.]
Feb. 10. 563. Governor Lord Howard of Efimgham to Lords of Trade
Virginia, and Plantations. I send the proceedings, I cannot say of the last
sessions, but of the last meeting of the Assembly, for when after
a tedious time matters were approaching a conclusion, a dispute
arose between them and me, and I was forced to dismiss them
before anything was perfected, unless I would have passed away
the King's negative voice. Our method of proceeding is this.
When the House of Burgesses have prepared any bills, they pre-
sent them to the Governor and Council for consideration and
amendment. The bills are then returned to the Burgesses, and
by them again returned wifh a signification of their agreement
to the amendments ; they are then signed by the clerks of both
houses as assented to, and returned to be fairly engrossed. The
Burgesses presented to myself and the Council a bill appointing
several ports and wharves, to what intent you will judge by *,he
150 COLONIAL PAPERS.
1686.
bill itself. Several amendments were made by the Council and
myself, to which the Burgesses agreed, as their journal shows,
excepting that they wished there to be one port in each county,
whereas it was limited by the Council and myself to two in a
river. We agreed to this, and ordered the clerk to sign the bill
and the whole to be engrossed. But sending to the Burgesses for
the bills to peruse them before they were publicly read, I found
omitted in the Ports bill a material clause, providing for the
establishment of fees for the payment of the collectors of dues.
For some of these collectors had as many as five districts and
property amounting to no more than fifty pounds a year, so that
they could not have borne the expense of tnese offices. I believe
that, on the bringing of the bill to me and the Council in the
ordinary course, the omission might have passed unnoticed, for it
was presumed that all alterations and amendments were fairly
inserted. Indeed, my illness prevented me from making so care-
ful an inspection as I had intended to make when the bills were
fairly engrossed. On making this discovery, I told the Burgesses
that the bill was not engrossed as it had been assented to by the
Council. They replied that the bill could admit of no alteration
after it had been attested as assented to by the Clerk of the
Assembly, and that it had the force of law. I replied that this
could not be so until the bill had been publicly signed by me as
the King's representative. They persisted in their opinion, how-
ever, so I told them that even if a bill were assented to by me
and the Council, yet I had power to refuse to sign it, if I perceived
it to be objectionable, in virtue of the King's negative voice which
had been entrusted to me. This they would not allow, though
they admitted that I had a negative voice, asserting that as I had
assented to the bill in Council I could not afterwards refuse to
sign it. I sent them the clause in my instructions, but nothing
would persuade them out of their obstinacy, though I offered to
lay the bill aside till the King's pleasure were known, and to sign
the others and that bill itself with the alteration as it was agreed
on. I am conscious that I was too compliant and fear the King's
displeasure for it, but I was anxious on behalf of the country. I
knew that the levy could be easily paid as the crop of tobacco
was good, and I wished the pay of the soldiers at the heads of the
rivers, now two years in arrear, to be discharged. I hope there-
fore that I may be pardoned.
I confess that I am also to blame for admitting a bill of this
kind at all, since a law of 1680 to the same end already exists.
But in that Act many places are appointed which are incon-
venient for trade, and there was no provision for the payment of
collectors. I was severely angry with their clerk for daring to
omit the clause. His only excuse was that he thought it did not
come in properly, which aggravates his fault by his presumption.
I sent to the Assembly to make an example "of him, but they
rather maintained him. So you will now perceive how ad-
vantageous it will be in future for the Clerk of the Assembly to
be appointed by the Governor and paid out of the King's revenue
here. The expense will be inconsiderable. I suggested this to
you last spring, and beg that it may receive the King's sanction
AMERICA AND WEST INDIES.
1686.
before the 20th October, to which date the Assembly is prorogued.
I did not dissolve them for these reasons. If the King order them
to be dissolved, the rebuke will, I hope, deter them from such
peevish obstinacy in future. If, on the other hand, the King only
signify his dislike of the proceedings, it might be applied to the
persons actually responsible, which would have a like good effect.
I could hardly expect good correspondence with this Assembly
after their choice of Robert Beverley for their clerk. He is the
same man who was so deeply implicated in the plant-cutting riots,
but his outward expressions of sorrow were so hearty and sincere,
and the Council's assurance of his good service in Bacon's rebellion
was so strong that I favoured him, as I find, far more than he
deserved. The journals will show you how unwillingly the
Assembly yielded to the King's orders concerning quit-rents, and
how obstinate they were over the appropriation of fines and for-*
feitures to the King's service instead of to the public use, and over
the disbanding of the soldiers at the heads of the rivers. They
preferred to bear the expense of them, which the country is ill able
to do, than agree to pay any soldiers pro rata, as those are which I
am empowered to raise with the assent of the Council for the safety
of the country. This power was granted me by the last Assembly
for three years, and because I would not part with it they laid
that bill aside until the smart of their purses made them think
better of it. You will see also that the Burgesses refused
power to the Governor and Council to lay the least levy in order
to ease the necessity of calling so frequent Assemblies. The cost
of these Assemblies is harder on the people than the levy itself,
and I am sure that the other course is desired by all the most
reasonable of the inhabitants. I proposed this to them before the
Royal instructions came to my hand, but even when reinforced by
these, nothing would prevail with them nor I believe will prevail
except the King's special command. They were peevishly re-
fractory to the least proposition put forward by me for the King's
or the country's service, as you will perceive by their refusal to
add twenty-four men at the country's expense to the twenty-four
whom I had thought of raising. Indeed, so many took liberty of
speech over the Ihike of Monmouth's rebellion, that I feared it
would have produced the same effect here. However, we are now
quiet. I put a stop to all that by proclamation, and made a few
examples. Pray note also the exception the Assembly took to
the small fee laid by order of the Court of Chancery for affixing
the seal to all public instruments. This was done by the advice
and assent of the Council, more for the honour and dignity of the
King's seal than for anything else. The fee was not above ten
shillings, five times less than in Maryland, and other Colonies.
Besides a special clause in the instructions authorises me to keep
and use the seal. I hope that I have not been unduly prolix,
and that my action will be approved; unless a curb be soon put
on these unruly tempers they will run too far. Signed, Effingham.
Holograph. 5^ closely written pages. Endorsed with a full
precis. Reed, and read 21 April and 10 May 1686. [Col. Papers^
Vol. LVII., No. 17, and Col Entry Bk., Vol. LXXXHL, pp.
87-97.]
152
COLONIAL PAPERS.
1686.
Feb. 10.
Feb. 10.
Feb. 13.
Feb. 15.
Custom
House,
Dublin.
564. Duplicate of foregoing. Holograph. Reed. 1 July 1686.
[Col. Papers, Vol. LVII., No. 18.]
565. Abstract of the foregoing letter. 3 pp. Endorsed.
[Col. Papers, Vol. LVII., No. 19.]
566. Journal of Lords of Trade and Plantations. Petition
of Robert Wright and Francis Pew read, appealing from judg-
ments given against them in the Courts of New iork. Order
for the parties to attend, when the affair will be considered.
Draft Commission for Sir William Stapleton as Governor of
the Leeward Islands read. Petition of the merchants trading to
tue Leeward Islands, touching the Treaty of Neutrality read, and
reserved for consideration.
Draft instructions to Colonel Cony read. Agreed to omit the
clause prohibiting members of Council from being judges. An
instruction to be prepared, continuing such laws of the late Com-
pany of Bermuda as do not interfere with the Royal Authority, till
further orders.
Memorandum of documents sent and received. [Col. Entry
BL, Vol. CVIII., pp. 244-247.]
567. Commissioners of Revenue in Ireland to the Lord Lieu-
tenant. We send the accounts of the halfpenny a pound on
tobacco and of the half duty on the other enumerated plantation
goods collected in this kingdom from April last to Christmas last.
The total amounts to 5,170. Since the law relating to plantation
goods was revived last Session, the merchants have complained
grievously; on which complaints we report as follows. J3y the
Act of Navigation of 12 Car. II., Ireland had the same freedom
of trade with the plantations as England. By the Act of 22 and
23 Car. II., Ireland is totally excluded, and all enumerated goods
are to be brought to England on pain of forfeiture of ships and
goods. This law was in force nine years, from 1671. By an Act
of 25 Car. II!, revenue duties are imposed on tobacco, sugar, &c.,
exported from the Colonies to any other country but England.
This temporary law of 22 and 23 Car. II. has been revived by the
present Parliament, and has totally excluded Ireland from all
trade with the Plantations. While the law was in force during
tne nine years already mentioned, all the plantation goods were
imported direct into Ireland as freely as when the trade was open
by the Navigation Act, and though the Act of 25 Car. II. took
effect from September 1673, by which all the plantation goods
imported into Ireland ought to have paid the duties imposed by
it, yet the same have returned little or nothing to the King in the
Plantations, as the Commissioners of the English Customs are
aware. And though they used every effort to seize ships and
goods unuer the Act of 22 and 23 Car. II., yet it is plain that the
same neither prevented the direct importation of tobacco into
Ireland, nor compelled the merchants to pay the plantation duty.
Then the present Commissioners of Revenue in Ireland proposed
to you that tobacco, sugar, &c., should, when imported direct into
Ireland, pay one moiety of the duty imposed by the Act of 25
tar. II., in lieu of the full duty collectable in the Plantations and
AMERICA AND WEST INDIES. 153
1686.
payable to the English Customs. This was agreed to, and we
collected 4,8(31 from April to Christmas last, together with
exchange at 7 per cent, for remittance of the same, making
altop-ether 5,170. From this it is plain that the King will gain
more by collecting the half duty in Ireland instead of the whole
duty in the Plantations, which did not in ten years, even includ-
ing- the whole trade from Colony to Colony, answer the sum
collected here in nine months. And this would have been re-
turned to the King annually, all the merchants here paying the
half duty without regret or trouble. But now since the revival
of the temporary law aforesaid, not only has the half-duty ceased,
but the whole plantation trade of Ireland will be totally lost, and
the ships will "go by the walls," to the loss and ruin of merchants
and tue prejudice of the King's revenue, as will soon become
evident. If Irish ships are obliged to enter outward and inward
from England before they can go to Ireland, there is in the first
place the hazard to ships and goods. They are at their own doors,
lor Ireland lies nearer to the Colonies, and the whole of the duty
could be collected at once; but now they have to make a voyage
to England and back, and if anything go amiss everything is lost
and the King's revenue with it. Secondly, there is the loss of
time, amounting to three or four months on every voyage, which
would otherwise be employed in voyages to French and other
foreign ports. Thirdly, such ships returning to England from
the Colonies must pay the customs and duties of the whole lading,
amounting now to fivepence a pound, which on exportation leaves
but a halfpenny, to be repaid in a month after the debenture is
passed, according to the formality of the law. This is a great
hardship on the Irish merchants, since it will require a
bank of money and security at every port, which is absolutely
impossible for them to compass. Fourthly, we conceive that the
King's interest will be well secured by the collection of the half
duty as lately practised, without the difficulty, risk, and delay
already alluded to. Lastly, looking to the frauds in the importa-
tion of tobacco, and still more in the exportation thereof by
debenture from England to Ireland, the practice cannot prejudice
England in supplying foreign merchants, for no tobacco is ex-
ported from Ireland, and at importation it pays the full duty
without allowance, as in England, for mean and defective tobacco.
To avoid the exportation of European goods from Ireland to the
Colonies, which we believe to be the greatest objection of tne
Commissioners of the English Customs to our proposal, we shall
transmit to them duly the names of all ships bound to the Planta-
tions, together with true accounts of their ladings, and take all
possible care that no goods but such as are allowed by law shall
be exported there. Signed, Longford, Will. Strong, Rob. Bridges,
Will. Culliford. [Col. Entry Bk., Vol. XCVII., pp. 183-191.J
568. Lords Proprietors of Carolina to Governor Joseph More-
ton and others of the Province South and West of Cape Fear.
We learn from our Secretary, Robert Q,uarry, that on the 1st
September a ship came into Ashley river which pretended to have
been trading with the Spaniards, and afterwards to have been
154 COLONIAL PAPERS.
1686.
plundered by French privateers, adding that they had afterwards
met a fleet of English privateers whose admiral told them to come
lo Carolina and repair. Mr. Quarry being, as he says, Governor,
though not so according to our Fundamental Constitution, pro-
hibited the master or any of the men of the vessel to land or sell
goods in Carolina, the ship being (so we are informed) to Robert
Quarry's knowledge, a pirate full of plunder, which was, landed
and sold in Carolina. Wishing to give Quarry a fair trial, we
appoint you to make enquiry into the matter and take depositions,
which you will send home to us. If you think Robert Quarry
allowed these goods to be sold, knowing the character of the ship,
you will take security of him not to leave the province until the
matter has been reported to the King and his pleasure taken thereon.
Signed, Craven, Albemarle, P. Colleton, Tho. Amy. \Col. Entry
Bk., Vol. XXII., pp. 75-76.]
Feb. 16. 569. [Lieutenant-Governor Molesworth to William Blath-
Jamaica. wayt.] About four days since one of the Spanish periagos present
at the sacking of New Providence, was brought into Port Royal,
having been taken by two of our traders, who were attacked by
her on the coast of Cuba. It is the same vessel which seized
Captain Stanley's boat and men on the South Cays, and then
attacked him. I enclose copy of the examinations taken in the
business, also of the captain's commission, which is founded on a
Royal cedula of the Queen Regent many years past, and extends
only co pirates and enemies of the Crown of Spain. (See next
abstracts.} [Col. Entry Bk., Vol. XXXI., p. 143.]
[Feb. 16.] 569. i. Deposition of Edward Goffe, commander of the pink
Swallow. I sailed 011 16 September last in company with
Captain Peartree of the sloop Ann, having the Governor's
passes, and his orders to sail to Santiago in Cuba to ask
the release of Captain Chandler and others. Arriving at
Santiago, and sending the Governor's letter ashore, I re-
ceived an answer from the Governor of Santiago to leave
the coast, and that he had no prisoners. Some of my boat's
crew however declared that they saw Chandler at work in
the wells of the Castle. Peartree and I returned to Jamaica
with this answer, and a few days later sailed for the JtJay
of Honduras. Coming off Trinidad, in Cuba, on the
homeward voyage, we sent in a boat asking leave to wood
and water, which was refused/ I was therefore forced
to go to the Cays, ten leagues from Trinidad, for water,
whither the Governor of Trinidad sent two galleys out,
one of forty and one of eighty-five men, the latter of
which, as the master confesses, was present at the sack of
New Providence. Berth galleys came up to my ship's side,
and without hailing poured in a volley, which killed two
men and wounded five or six, and then making fast to my
ship's side tried to board her. Having the sloop's crew
on board we defended ourselves, and after about half an
hour's engagement, there were about sixty Spanish pirates
killed and thirty-eight wounded. The smaller galley
managed to clear herself, but the larger we captured and
brought into Jamaica.
AMERICA AND WEST INDIES.
155
1686.
569. IT. Deposition of William Peartree and others in confirma-
tion of the foregoing.
569. in. Deposition of Captain Edward Stanley of H.M.S.
Bonito, as to his engagement with the captured galley in
November, 1684.
The whole sworn before John White. 15 Feb. 1686. Sealed
and countersigned. Reg. Wilson. The whole 3 pp. En-
dorsed. Reed. 1 June 1686. [Col. Papers, Vol. LVII.,
No. 20.]
[Feb. 16.] 570. Copy of the commissions held by the captured galley,
referred to in preceding abstract. Spanish. 8 pp. Sealed with
the seal of the Admiralty Court of Jamaica, and certified. Reg.
Wilson. Endorsed as the foregoing. [Col. Papers, Vol. LVII.,
No. 21.]
Feb. 16. 571. The Lieutenant-Governor and Council of Barbados to
Barbados. Lords of Trade and Plantations. Forwarding quarterly returns
of the transactions of Council and of imports. Signed, Edwyn
Stede, Fran. Bond, John Hallett, John Hothersall, John Gibbes,
Henry Quintyne, Stephen Gascoyne. 1 p. Inscribed and En-
dorsed. Reed. 30 Mar. 1686. [Col. Papers, Vol. LVII., No. 22,
and Col. Entry Bk., Vol. VII., p. 364.]
Feb. 16. 572. Minutes of Council of Barbados. Order for payment of
20 to the Marshal of Assembly, William Guddis, on account of
salary due. Order for the justices of seven parishes to search the
negroes' houses within their parishes for arms and ammunition, to
secure the arms and such negroes as shall be suspected of au
intention to rebel, there being signs of an insurrection of negroes
and white servants. All masters within those parishes to keep
good watches over their negroes day and night, and particularly
on Sunday next, when many of them design to meet in sundry
places to consult as to their bloody purpose. [Col. Entry Bk.,
Vol. XI., pp. 675-676.]
Feb. 19. 573. William Blathwayt to Henry Guy. Transmitting a
draft clause in the Instructions of the Governor of Bermuda, re-
specting the duty on tobacco, for the opinion of the Lord Treasurer.
[Col. Entry Bk., Vol. XVII., pp. 183-184.]
Feb. 20. 574. Governor Lord Howard of Emngham to the King.
Virginia. Humble thanks for the copy of his Commission, with some refer-
ence to the refractory spirit of the Assembly, as reported in No.
563. Signed, Efimgham. H\olo(fraph. 2 pp. [Col. Papers,
Vol. LVII., No. 23.]
Feb. 20. 575.
24.]
Duplicate of foregoing. [Col. Papers, Vol. LVII., No.
576. Governor Lord Howard of Effingham to the Earl of
Sunderland. You will read in my letter to the Lords of Trades
of my dispute with the Assembly (see No. 563), and how I was
forced to prorogue them. I have received the King's reprieve for
Talbot if he should be found guilty of murder, also a special com-
156 COLONIAL PAPERS.
1686.
mission to try him here, and my own commission. I beg for early
instructions as to my affairs with the Assembly, or I shall be in
difficulties as to the levy. Signed, Effingham. Holograph. 2
pp. Endorsed. Reed. 21 Apr. 86. [Col. Papers, Vol. LVII.,
No. 25, and Col Entry BL, Vol. LXXXIII,, pp. 98-99.]
Feb. 20. 577. Duplicate of foregoing. Dated March 23 1686. En-
dorsed. Eecd. 1 July 1686. [Vol. Papers, Vol. LVII., No. 26.]
Feb. 22. 578. Minutes of Council of Virginia. Proclamation repeal-
ing three Acts, for limiting time of receipt and payment of public
tobaccos, for empowering counties and parishes to make by-laws,
and for empowering County Courts to make by-laws. [Col.
Entry BL, Vol. LXAXIV., pp. 221-222.]
Feb. 22. 579. The Clerk of Assembly of Virginia to William Blath-
Virginia. wayt. Forwarding journals of the House of Burgesses from
November 2 to December 12 1685. Signed, Robert Beveiiey.
Reed. 15 April 1686. List of the bills transmitted Act pro-
hibiting counties from making by-laws. Act repealing Act .No.
17 of *8 June 1680. Act to continue an Act for the advancement
01 manufactures. Act declaring Maryland debts pleadable.
Additional Act about runaway servants. Act touching public
claims before the Assembly. Act to enforce Act iVo. 107
of 23 March 1661-2. Act fixing days for Courts in Accomack
County. Act appointing ports and wharves. Act repealing Act
No. 7 of 16 April 1684. Act for better defence of the country.
[Col. Entry BL, Vol. LXXXIII., pp. 83-85.]
Feb. 23. 580. Copy of the indictment of Charles Hudson for high
treason. 1 p. (See post No. 591.) [Col. Papers, Vol. LVII.,
No. 27.]
[Feb. 23.] 581. Copy of the inquisition into the estate of Charles Hudson,
condemned for high treason. Large sheet. Endorsed. [Col.
Papers, Vol. LVII., No. 28.]
[Feb. 23] 582. Questions in law arising upon the inquisition on tne
estate of Charles Hudson. 1 p. Endorsed. [Col. Pavers,
LVu.. No. 29.]
[Feb.] 583. Copy of a bond of Thomas Shuttleworth to the King for
surrendering the estate of Charles Hudson. [Col. Papers, Vol.
LVII., No. 30.]
[Feb. 23.] 584. Memorandum, that Charles Hudson, lately condemned,
is a man of very ill principles. Scrap. [Col. Papers, Vol. LVII.,
No. 31.]
Feb. 27. 585. The King to Sir William Stapleton. Directing that
Christopher Codrington shall be sworn of the Council of the Lee-
ward Islands. Countersigned, Sunderland. [Col. Entry BL, Vol.
XLVII., p. 197.]
AMERICA AND WEST INDIES. 157
1686.
Feb. 28. 586. Robert Byndloss to John Byndloss. Three months ago
there arrived here an interloper with about two hundred negroes.
She belonged to Beeston, Waterhouse, Nathaniel Hickes, and
Colonel Samuel Barry, one of the Council of L[ynch]'s putting in,
a great creature of Beeston's. Her name was the Hawk, consigned
to Barry and Hickes. If you acquaint one of the Secretaries of
State or my Lord Treasurer, sure B. would be rather tossed out
of Court in a blanket. He is mortally hated here, and it is said
by his creatures that he values not Sir P.'s [? Philip Howard's]
friendship, but scorns and despises him. This is for the King's
service ; be sure you make use of it. Signed, Ro. Byndloss. Holo-
graph. \ p. Endorsed. B/ecd. 10 June 86. [Col. Papers, Vol.
LVII. No. 32.]
[Feb.] 687. Answer of the French Ambassador to the Memorial con-
cerning the oppression of the French in the "West Indies. The
King will cause enquiry to be made at St. Domingo as to the
seizure of the ship James. As to the ship seized at Petit Guavos
in September 1684, her restitution cannot be thought of, since she
was condemned according to the orders of the King, my master.
Moreover Mons. de Franquinay had apprised the Governor of
Jamaica of those orders, and did not confiscate the vessel until he
had told the captain of those orders; but the captain, far from
obeying, went to another port on the coast to push his trade. 1
p. French. Endorsed. Reed. Feb. 1686. [Col. Papers, Vol.
LVII., No. 33, and Col. Entry Bk., Vol. XXXI., p. 126.J
March 2. 588. Warrant of the Proprietors of Carolina for the delivery
of three thousand acres of land to Josias Forrest. Signed, Craven,
P. Colleton, Tho. Amy. [Col. Entry BL, Vol. XXII., p. 77.]
March 2. 589. Henry Guy to William Blathwayt. Forwarding the
reply to his letter of 19 February. Annexed,
589. i. Commissioners of Customs to Lords of Trade and Planta-
tions. On the claim of instructions from the Governor
of Bermuda sent to us on the 22nd ult v , we understand
that the penny per pound on tobacco is a tax on that
commodity in that country for the necessary support of
the Government, and we therefore do not see now it
will affect the King's revenue in the trade of this king-
dom. Signed, W. Dickinson, Ch t Cheyne, Jo. Werden,
D. North, N. Butler, J. Buckworth, T. Chudleigh. 1 p.
Dated, March 1 1685-6.
589. II. William Blathwayt's letter to Henry Guy, of 19
February (see No. 573). 1 p.
589. in. Copy of the draft clause of the instructions enclosed
therewith. | p. [Col. Papers, Vol. LVII., Nos. 34,
34 i.-iii., and (letter only) Col. Entry BL, Vol. XVII.,
pp. 184, 185.]
March 2. 590. Minutes of Council of Jamaica. The King's letter of 11
October respecting transported rebels read. The Secretary in-
structed to attend to it. The Lieutenant-Governor read the dupli-
cate of Sir Philip Howard's Commission. The following payments
ordered: J500 to the Lieutenant-Governor for three months*
158 COLONIAL PAPERS.
1686.
salary; 90 to Chief Justice Bernard for the same; 75 to the
Auditor-General for six months' salary ; and 92 to the Naval
Officer for disbursements. Copy of the King's letter of 11 October
1685, and of his letter of 19 October, transmitting the duplicate of
Sir Philip Howard's Commission. [Col. Entry Bk., Vol. XXXVI.,
pp. 106a 108a.]
March 4. 591. Lieutenant-Governor Molesworth to William Blathwayt.
Jamaica. Since I have received the copy of the Spaniard's commission (see
No. 570), I conclude that it was sufficient to justify him in taking
the traders, for the restriction therein as to the English is only
to do nothing contrary to the treaty of peace, and trade being
therein forbidden, I conclude it does extend to it. However his
seizure of the Bonito's boat and eight men will be sufficient to con-
demn him for piracy, besides his share in the sack of New
Providence. Whether on condemnation I shall proceed to execu-
tion will depend upon the instructions which I am daily expecting.
The owners of the vessel that took the galley have made her over
to me for the use of the Island, she being very well fitted to clear
the South Cays and that part of Cuba from such enemies as destroy
our trade and fishery in these parts,. I shall use her for that
purpose so far as my instructions permit me. This February
Court, one Charles Hudson, a silly, illiterate sot, who cannot write
his own name, was condemned for high treason, for speaking
treasonable words at about the time when we had the first news
of Monmouth's rebellion. He was not tried until now, this being
the first court since the arrival of my new commission. It appears
that ne was very drunk, a common thing with him, when he used
the words, the treasonable language being (so far as I remember)
that James, Duke of York, was not the rightful King of England,
and that Monmouth, if God blessed him, would make work with
him. He was recommended to me as a fit object for the King's
mercy by all the judges, no other undutiful thing being known
against him since he came to the Island, which was, I think, with
the first army. He has acquired a pretty good estate, but is so
little master of his reason that he has several times been giving
it away to strangers; to prevent which his wife has caused it to
be settled on a married daughter. I have reprieved him till next
February Court, awaiting the signification of the King's pleasure.
I have duly received the duplicate of Sir Philip Howard's Com-
mission and the King's order for the discharge of Lieutenant
Butler, and have communicated them to the Council. I have also
received your letter of 20 October (see No. 421) respecting trans-
ported rebels, and have taken every precaution to prevent their
return to England. When the Assembly meets I shall propose to
them the Act which you suggest ; indeed, I should have proposed
to call an Assembly before now were I not still awaiting the
King's instructions. Reed. 3 June 1686,. [Col. Entry Bk., Vol.
XXXI., pp. 144-148.]
March 5. 592. Lieutenant-Governor Molesworth to the Earl of Sunder-
land. I have received the duplicate of Sir Philip Howard's Com-
mission, and the King's orders respecting transported rebels, but
I am embarrassed from want of the Instructions, which have not
AMERICA AND WEST INDIES. 150
1686.
yet arrived. The order for the dismissal of Lieutenant Butler is
not yet come, but unless it arrive within a few days, I shall act
upon a copy sent by Mr. Blathwayt. The King's directions as to
punishment of offenders in his pay and on actual service are very
welcome to the magistracy. I have written at large to Mr. Blath-
wayt. Signed, Hder. Molesworth. Holograph. 3 pp. En-
dorsed. [Col. Papers, Vol. LVII., No. 35.]
March 5. 593. Minutes of Council a$d Assembly of Antigua. Message
from the Assembly. We hope that the Act for a pound an acre
and for an impost on liquor will suffice to pay contingent expenses.
We wish for an account of the country's debts from the Treasurer.
We desire your concurrence in a measure to regulate the building
of towns, that thatched houses may not be erected near those that
are well framed and shingled, to the general danger. Answer of
the Council We concur as to the regulation of building. You
are adjourned to the 23rd inst. [Col. Papers, Vol. LVII., No.
49.]
March 8. 594. Journal of Lords of Trade and Plantations. Colonel
Cony's letter of 3 January (see No. 533) ordered to be abstracted.
Report of Commissioners of Customs on the instruction as to laying
a penny a pound on tobacco read. The instruction approved, and
read together with the rest of Colonel Cony's instructions (see
Sir Richard Button's answer to the petition of John Golding-
ham and Ralph Lane read (set No. 550). The Lords agreed on
report (see No. 595).
Colonel Moles worth's letters of 17 November and 16 June read
(see No. 463).
Memorandum of documents read and received. [Col. Entry BJe.,
Vol. CVIII., pp. 247-250.]
March 12. 595. Order of the King in Council. Report of Lords of Trade
Whitehall, and Plantations. We have considered the petition of John Gold-
ingham and Ralph Lane (see No. 494 I.), and judge that Sir
Richard Button's prosecution of them appears altogether vexatious.
We recommend that the fines be remitted and all issues and estreats
thereon discharged. Ordered accordingly. Signed, Wm. Bridge-
man. [Col. Entry BL, Vol. VII., pp. 356-357.]
March 12. 596. Captain William Coward to Lord Dartmouth. On our
Bermuda, way to Pennsylvania we were driven into this port, where we find
the inhabitants in great distraction, being tormented by some ill
instruments, and most of them in arms. They allege, in defence,
that when they heard of the late rebellion in England they
demanded the King's magazine of the Governor, saying that it
was their right. They have kept two castles from him by force,
and have many times assaulted him, so that he would probably
have been murdered but for the arrival of Captain Bartholomew
Sharpe, whom he was obliged to retain for his own security. He
has about a hundred men and we thirty, so that by diligent watch
we manage to secure the King's interest, though we expect an
attack every hour. We hope that you will move, for the Governor
160 COLONIAL PAPERS.
1686.
is in a deplorable condition in want of assistance. The country
brought the enclosed [wanting] to the Governor, saying that it
was sent them by the King's command. The difference between
Governor and people has been heard by many masters and mer-
chants. He will not give them the Crown Lands, nor allow them
to defraud the Customs. The Governor has not an officer that
stands by him, civil or military. All will connive at anything
in the country's interest against the Government. Signed, Wm.
Coward. 1 p. Endorsed. [Col Papers, Vol. LVII., No. 36.]
March 12. 597. Attestation of William Kett. That on the llth March
Bermuda. h e heard the drum beat and the report of thirty or forty small
arms in Pembroke tribe. Certified copy. Scrap. [Col. Papers,
Vol. LVII., No. 37.]
March 13. 598. Instructions of Lieutenant-Governor Molesworth to
Jamaica. Captain David Mitchell. The Ruby being dismantled you will
impress the ship Sancta Rosa for the King's service, and fit her
out, which done you will sail to the Isle of Ash, taking H.M.S.
Bonito in your company, or wherever else you may understand
the pirate Banister to be, and endeavour to take or destroy him.
1 p. [Col Papers, Vol. LVII., No. 38.]
March 16. 599. The Earl of Clarendon to the Lord Treasurer. Several
Dublin merchants of Ireland have complained to me of the revival of
Castle. the law concerning Plantation goods. Two merchants of Cork in
particular, have acquainted the Commissioners of Revenue as well
as myself that if they be compelled to enter outward from England
and return thither again they will positively give up their trade,
for it cannot be carried on without loss. I have discoursed at
large with the Commissioners, who, at my desire, have represented
the whole matter to you at length (see No. 567), giving also an
account of the duty deposited here by your order of 18 April last,
for such goods as were imported directly from the English Planta-
tions up to Christmas last, with the exchange of the same at seven
per cent. From this you will see the advantage that the dis-
pensing with the Act will bring to the revenues of both kingdoms.
Though I am Chief Governor of Ireland, I hope I shall never
propose anything of seeming advantage to this kingdom which
could be of the least prejudice to England; but if I can propose
anything for the enriching of this wonderful and improvable
country without prejudice to England or to the King's revenue
there, while infinitely augmenting his revenue here, I hold it to
be my duty to support it. Such a thing I hold to be the matter
in question, notwithstanding the debates which I heard thereon in
England, and which were not as ingenuous as I could have wished
or as such debates ought to be. I think it very demonstrable that
the dispensing with the Act would be of no prejudice to England
or to the Customs there, since the duties imposed by law might
as well be paid here and returned to England without loss to the
King from exchange. If that be granted, no one can deny the
advantage to both kingdoms, the Irish ships being so much nearer
home as they come from the Plantations, while the merchants can
have much quicker returns, and send out their ships to another
AMERICA AND WEST INDIES. 161
1686.
voyage much sooner than if they were forced to put in
and unload in England. And delay means loss to the King's
revenue here. As to the legal aspect, I shall add nothing to the
report of the Commissioners, except that I remember that the late
King did once dispense with this law. The revenue was then in
farm, but I do not find it pretended that England suffered by the
dispensation. I therefore urge that the law may be dispensed
with for one or two years, which will be sufficient time for a trial
to be made. If it then be found upon impartial examination of the
Plantation books, that the revenue of England has suffered in the
least (quite apart from any improvement of the revenue here)
then let the dispensation be withdrawn. Such a trial woiild give
the King the best proof of the truth of the case, and will be no
injury to his individual interests, for what ought to be paid to
him for his duties will be received here, returned into England
without charge as part of the revenue of England under a separate
account, and no notice taken of it in the produce of the revenue
of this country. I regret that the multitude of letters to be
despatched has prevented me from forwarding the Commissioners'
letter before. Signed, Clarendon. [Col. Entry Bk., Vol. XCVII.,
pp. 178-183.]
March 16. 600. Minutes of Council of Barbados. George Hannay pro-
duced the Royal letters patent for the post of Provost Marshal and
was swonu The Lieutenant-Governor acquainted the Council
that some Irish servants had been sent to gaol and others held
to bail on suspicion of privity to the intended rising. The Council
agreed that they should be tried before the Court of Pleas of the
Crown. The Assembly attending, the Lieutenant-Governor in-
formed them 1. That the intended insurrection was not so serious
as had been supposed. 2. As to the effect of their late address to
the King respecting the additional duty on sugar. 3. The Lieu-
tenant-Governor moved them to consider the question of collecting
the laws of the Island. 4. Reminded them of the arrears out-
standing before 1676. 5. Proposed that the sums paid by the
smaller trading vessels in lieu of powder should be expended on
match. 6. Commended to them a project for cleansing the bar
in St. Michael's port. 7. Acquainted them with a petition for the
raising of a levy for the repair of St. Philip's church.
March 17. The petitions of John Hallett and Peter Phippard as to rebate
of excise, and of Thomas Morris, read and printed. The Assembly
attended with the following answers to the Governor's proposals.
1. Thanks to the Governor for his care. 2. That the corre-
spondents who gave the account of the address be thanked. 3.
That the laws be collected by a joint committee. 4. That the
appointment of the committee for accounts does not affect accounts
adjusted. 5. The House agrees. 6. That a joint committee con-
sider of it. 7. That the case is sufficiently met by the Act con-
cerning vestries. The salary of the Clerk of Assembly was passed.
List of the joint committees of the two Houses. [Col. Entry Bk.,
Vol. XI., pp. 676-685.]
L K
|62 COLONIAL PAPERS.
1686.
March 16. 601. Journal of Assembly of Barbados. The Governor made
several recommendations to the House (see preceding abstract),
which were maturely considered t
March 17. Committees appointed to collect the laws of the Island and
to consider the project for cleansing the bar at St. Michael's
port. The answers to the Governor's proposals (see preceding
abstract). Address for payment of the Clerk's salary. Copies of
the Acts for appointment of a Committee of accounts and of a
Treasurer, and for governing the transported rebels. [Col. Entry
BL, Vol. XIV., pp. 147-156.]
March 18. 602. Governor Eichard Cony to Lords of Trade and Plantations.
Bermuda. Repeats his letter of January 2lst (see No. 552). On 28 January
last a vessel arrived from Barbados with a packet for Samuel
Trott and William Bighton, superscribed, " These for his Majesty's
service." Hearing of this packet, and that a letter from the King
to myself was enclosed in it, I sent for Eighton and asked for it.
But he refused to do so unless the letters and certain articles ex-
hibited against me by himself and William Milbourne were first
recorded. I refused, and after a long dispute and my threatening
to commit him, he told me that perhaps he might show me the
King's letter as a favour, but not the articles nor my complaints
against the country. Finally he gave me a copy of the letters,
but would show me no more. I therefore committed him, and
the Deputy-Sheriff, John Hubbard, bailed him. Several copies
of these documents are distributed about the country, but I cannot
get a eight either of the articles against me or of my complaints.
Captain Francis Tucker of the Council, has seen several copies,
and has told me that no two of them agree. He, Samuel Trott,
Richard Stafford, William Peniston, and several more of their
faction met and debated whether they could not bring me to
examination and trial before the arrival of the King's real letters
to me, and they had certainly done so, notwithstanding the readi-
ness of Captain Sharpe and his men to defend me, had not Captain
Conaway, of the ship Prosperous, arrived in the nick of time and
"outdured" their insolence. We are forced to keep watch day
and night against an attack of this faction. By the help of Sharpe
and Conaway, I recovered two forts taken from me by Bascom
and Keele. I also imprisoned them, but they made their escape,
and the country keeps a strong guard to protect them from re-
capture. It is hard measure to know only my accusers and not
what they accuse me of, and that my accusers should be also my
judges, such men as Righton and Peniston. The latter is a fifth-
monarchy man and is branded on the shoulder. He was in
Venner's rising and escaped here to make new mischief. Some
years since he defrauded a merchant in London of his estate here,
and now, having accused me, he is fled to New England, where he
follows his trade of preaching, as he did here, though a fisherman
by calling. Righton, once a tailor and servant to Hugh Peters,
has also been a preacher in Bermuda and a boaster, and for many
years, as I know to my sorrow, a disturber of the Government.
The sending of the King's letters and of the articles to them
AMERICA AND WEST INDIES. 163
1686.
privately and not to me, has so encouraged them and discouraged
mv friends that I hardly know where to find the latter. I have
gone though many troubles in this Government, but am con-
scious of no disloyal act that my enemies should have this ad-
vantage over me. I imagine that neither you nor Lord Sunder-
land know anything of the despatch of this private packet. I
cannot think how it came about, except clandestinely through some
of the agents whom they have for years employed about their
quarrelsome affairs. Could bribes have prevailed with me to betray
my trust I should not have wanted them, for I was offered them
at my coming, and often since. What with a knavish Deputy-
Sheriff, and a Secretary that either does not or will not under-
stand his business, and a false perfidious people, the King is much
injured and I myself am in no comfortable position. If there
be war with France .there is great danger that these Islands will
be betrayed by the inhabitants, for they are treacherous and dis-
loyal, and abhorrers of any government but of their own raising. By
the assistance of Captains Sharpe and Conaway, I have been brisk
with them, and have imprisoned Richard Stafford on board
Sharpe' s ship, for our gaol and Provost Marshal are one as rotten
as the other. I have plenty of evidence against Stafford and
Hubbard, even in their own party, who now daily impeach both
of then? and begin seemingly to conform in hope of pardon. I
am unwilling to send the evidence by this ship, as she is leaky.
I hear that the Rose frigate is bound hither from New York. I
heartily wish for her arrival to settle matters. Stafford accuses
Bysshe of seducing him ; and so does Trott, and I know it to be
true, but both are old disturbers of the Government. Stafford was
always professing to protect the people against the oppression of
the Government, though never a penny of levy has been paid since
my arrival, however urgent the need for money. Yet they have
freely contributed to pay two gentlemen to be their solicitors
in London. Righton told me they were six hundred pounds
out of pocket, fifty of them to Mr. Burghili, and that they
hoped the King would re-imburse them. So they have
proceeded, Stafford hoping either to be elected Governor
himself or that Burghili, from whom they hoped for all
kinds of indulgence, would be appointed. What is
attested against Stafford by his own party is this : " Let us lay
all animosities aside and with one shoulder heave out this
Governor;" and they went very near to do it. Now some of the
people begin to refuse a sea-brief, boldly tell me that they want
none and sail without it. They have generally turned their houses
into garrisons with resolution to oppose any orders of mine for
the arrest of any of them. It is the late rebellion in England
that caused this. At this instant some of the people have offered
to farm the whale-fishery for ten pounds. I offer it for five and
twenty, but they cannot afford more than ten pounds [per boat].
I had better take the offer than lose an hundred pounds. I believe
that some of the grantees in the late Company's time would take
the farm. The fishery might be made very considerable if under-
taken by men who would go through with it. I have no account
K3
1 64 COLONIAL PAPERS,
7686.
of last year's fishing, though I daily expect it now Sharpe is with
me. He is very zealous for the King's service, though the people
have offered him large sums to desert me. Signed, Richard Cony.
Holograph. 3^ very closely written pages. Endorsed, [Col,
Papers, Vol. LVII.', No. 39.]
March 19. 603. The King to Lieutenant-Governor Stede. Understand-
Whitehall. n ^ ^^ f ore Jners have made a settlement in St. Lucia without
our leave and r>retend to be the only proprietors thereof, whereas
we are the rightful owners by discovery and purchase, we order
you to instruct the captain of our frigate on your government to
fall down as soon as may be to the Island. You will, if necessary,
cause a fit number of men to be put on board. Some of the men
must be landed who, by proclamation or otherwise, shall assert
our title to the Island, retake possession thereof, and erect
durable ensigns of our sovereignty. All foreigners not acknow-
ledging our sovereignty must be ordered to depart. You will on
all occasions assert cur claim or possession of the Island. Counter-
signed, Sunderland. [Col. Entry Bit., Vol. VII., p. 363.]
March 19. 604. Order of the King in Council. Referring the petition
Whitehall. o ^ Ch ar ] es Henderson, an infant, for restoration of his inheritance
in Antigua, taken by one John Gunthrop and others, to Lords
of Trade and Plantations for report. Signed, Wm. Bridgeman.
Endorsed. Reed. 12 May. Read 20 May, 1686. Annexed,
604. i. The petition referred to. The estate in question was
taken bv Governor Sir Charles Wheeler from petitioner's
uncle, Archibald Henderson, on false pretences in 1670,
but was ordered by the King to be restored, which
was done ; but the estate was again seized by a more
arbitrary order of Governor Philip Warner. On the
death of Archibald, his son James started for Antigua to
claim the estate, but died on the way, and it was then
seized, with the connivance of Governor Warner, by
one John Gunthrop. Prays restitution of the estate.
Oopy: 3 vp. [Cot. Papers, Vol. LVII., Wos. 40,
40 i., and Col. Entry BL, Vol. XLVII*, p. 199.]
March 22. 605. Protest of Elisha Hutchinson, John Saffin, and Richard
oston. Wharton, as representatives of John Winthrop and Major Ather-
ton, against all who shall trespass upon their territorv in the
Narragansett Country. Printed sheet. Endorsed. Reed. 17
June 86. [Col. Papers, Vol. LVII., No. 41.]
March 23. 606. Minutes of Council and Assembly of Nevis. Deputy-
Governor Sir James Russell's Commission' read. The Governor
proposed the passing of a Bill for the restraint of the convict
rebels transported from England. Copy of the King's letter of
15 October' 1685 on the subject forwarded by Sir William
Stapleton in a covering letter of 10 October, wherein he urges
the immediate passing of the Bill. In reply to the Assembly,
the Governor and Council deferred answer to the proposals made
AMERICA AND WEST INDIES. 165
1686.
at last meeting. Agreed that the persons appointed to audit the
accounts do also draw up the Bill to restrain the convicts. [Col.
Papers, Vol. LVI., No. 43, and Col. Entry Bk., Vol. XLVIIL,
p. 60.]
March 24. 607. Journal of Lords of Trade and Plantations. The Lords
were informed by the Customer of Gravesend that several ships
been lately cleared with servants to be transported to the Planta-
tions who are irregularly bound, contrary to the rules of Order
in Council of 13 December 1682. Agreed to recommend the re-
newal of that Order.
Draft Commission to Colonel Dongan as Governor of New York
approved, and ordered to be laid before the King.
Order for draft Commission and instructions to be prepared
for New England.
Petition of John Daniel read and referred to Sir Richard Dutton
for his reply (see No. (537).
Memorandum of documents sent and received. \_Col. Entry
Bk., Vol. CVI1., pp. 251-255.]
March 25. 608. William Blathwayt to Samuel Pepys. I beg to remind
Whitehall, you of the King's resolution to send a fifth-rate frigate instead
of a iietch for Virginia and Maryland. Draft. ^ p. [Col.
for his reply (see No. 637).
March 25. 609. Lieutenant-Governor Molesworth to William Blathwayt.
Jamaica. The Spanish captain referred to in my last (see No. 591) has
been found guilty of piracy, for robbing a sloop from Nevis
and stealing Capt. Stanley's boat. For reasons relating to our
Spanish trade, and understanding that he had treated those under
his power well and had apologised to Captain Stanley, soon after
committing the fact, for not knowing his to be a King's ship, I
have granted his reprieve. I am since glad that I did so, for I
find tnat the Spanish Governors will be very much concerned
for him, and particularly those who have obliged me most by
granting restitution of prisoners. Lately I have received a letter
from the Governor of Santiago, in Cuba, demanding him in the
same manner as I have demanded prisoners, and making such
excuses for him that I conceive, if he had been executed, it would
have passed current among Spanish Governors that he had suffered
only for carrying out the Spanish King's Commission. This would
have raised a great clamour against us and would have endangered
all our traders who are or may in future fall into their power.
I have therefore reprieved him till the King's pleasure be known.
The galley became the King's, and is a proper vessel for defence
of our trade. [Col. Entry Bk., Vol. XXXI., pp. 149-151.]
March 25. 610. Two lists of convict rebels delivered in Barbados, 12
March 1686, one showing the names, the other the allotment
of the prisoners. Attested copies. 25 March 1686, Large sheet,
[Col. Papers, Vol. LVII.> Nos. 43, 44.]
166 COLONIAL PAPERS.
1686.
March 26. 611. Order of the King in Council. For enforcement of
Whitehall. Order in Council of Dec. 13 1682 (see preceding volume, No. 840),
regulating the transportation of indentured servants, and checking
the evil practices of the people called " spirits." [Col. Entry 13k.,
Vol. XCVII., pp. 175-177.]
March 26. 612. Minutes of Council and Assembly of Antigua. Message
from the Assembly. We desire to know what Acts are in force.
We asked at our last meeting for an account of tue country's
debts. We desire that all officers, civil and military, who have
not taken the oaths of allegiance and supremacy, may do so forth-
with ; and we ask your concurrence in farming the impost on
liquors to Mr. John Lucas for 35,000 Ibs. of sugar. Answer of
the Governor and Council. We have sent the Treasurer's Accounts
and concur as to the farm of the impost. We recommend the
payment of arrears to Mr. Cole. Message of the Assembly. On
perusal of the Treasurer's accounts, we think the pound an acre
and impost on liquors sufficient, and desire your concurrence in
farming the impost on liquors to Captain llobert Garden for 30,000
Ibs. of sugar. Answer of the Governor and Council. We think
that the pound an acre and impost on liquors is insufficient, con-
sidering that some support is due to the Governor. AVe concur
as to the farming of the impost. We are surprised that you
think the Act for a pound an acre and for impost on liquors,
passed in General Willoughby's time, cannot be used for the pay-
ment of matrosses. Answer of the Assembly. We are still of
opinion, in this last matter, that this Act was not designed for
the payment of matrosses. If this Act will satisfy the contingent
charges, we are satisfied and will raise no more. We never
promised anything to the General, and have particular instruc-
tions not to vote money to the Governor. We desire an order
for payment of our clerk. Message of the Governor and Council.
We beg an order for payment to Major William Barnes of the
sum you promised him in consideration of his care for your affairs
at home. Answer of the Assembly. We have read the Royal
Instructions as to raising of revenue, and are satisfied with them.
We have made such heavy levies on the country that we desire
to raise no more. We wish to know how long Major Barnes
has been an agent, that we may know how to pay him what is
due to him. We are without the means of paying the matrosses,
without a new levy on the country, which we are unwilling to
make. [Col. Papers, Vol. LVII., No. 49.]
March 29. 613. Commissioners of Customs to the Lord Treasurer. We
Custom have duly considered the letter of the Irish Commissioners of
House. Revenue of 15 February last (see No. 567). The first contention
is that the dispensing with the law of 22 and 23 Car. II., will Jbe
advantageous to the revenue of both kingdoms. We reply that
the true interest of England, as is also the usage of all^ nations,
is to keep the Plantation-trade to herself. Again, tobacco im-
ported through England to Ireland pays a halfpenny here in ex-
portation and a halfpenny more on importation in Ireland, which
is a whole penny more than if it came directly to Ireland from the
AMERICA AND WEST INDIES. 167
1686.
Plantations ; and the Irish merchants, so far as we were informed,
were very well content to enjoy the benefit of the Plantation-
trade through England. Moreover the revenue of Ireland pro-
fits, as well as that of England, as is shown by a letter from the
Lord Deputy, of 29 October 1683. As a matter of fact, before
the expiration of the Act referred to, Ireland was far more served
with plantation goods from Bristol than since. An account pre-
pared at Bristol shows that in the three years following the
expiration of the Act the tobacco exported thence to Ireland was
1,341,684 Ibs. less than in the three years immediately preceding
it, or nearly one hundred thousand pounds per annum loss
to the King in the receipts of that port by that particular com-
modity. We believe that the loss in other English ports was in
proportion, besides losses otherwise sustained by the " obstruction
of trade" between the two countries.
The second contention is that the whole Plantation-trade of
Ireland will be lost if it must be carried on through England.
There may be some seeming disadvantage to the Irisn merchants
in not trading directly with the Plantations, but it would be far
greater disadvantage to the King's interest and the English mer-
chants if the law were dispensed with and the restraint on Ireland
taken off. The merchants of Ireland have no ground for their
complaints. The ships bound for the Plantations are not bound
to come to England to give bond, unless laden with goods
enumerated in 15 Car. II. They may and do go to the Planta-
tions direct with servants, horses, and provisions, and then give
bond to return to England. So we deny the allegation as to pay-
ment of fivepence and the necessity for a bank of money, observing
that when tobacco is imported for immediate re-export no more
need be paid down than the subsidy, or one penny per pound,
security being given for the remaining fourpence per pound duty.
In this case the master's bond is generally sufficient ; the collector
takes the tobacco into his own hands until it is re-shipped, and
on its exportation, on perfecting a debenture for the same, a moiety
of the subsidy is repaid and the security for the additional duty
is discharged. Again, the position of Ireland and the cheapness
of provisions therein are great advantages to Irish merchants, so
much so that if they were allowed to trade on equal terms with
English merchants they would probably rob this kingdom in a
great measure of this flourishing trade. On the whole we are of
opinion that the law revived by Parliament last Session should
not be dispensed with. Signed, Cn. Cheyne, N. Butler, Jo. Werden,
J. Buckworth, D. North, T. Chudleigh. [Col. Entry BL, Vol.
XCVli., pp. 207-213.]
[March ?] 614. Petition of the Deputy-Governor of the Leeward Islands
to Lords of Trade and Plantations. We are destitute of any means
to support our office worthily, by virtue of an order from the late
King, which impedes the people's kindness to us, much to our
detriment in the entertainment of visitors to these Islands. "We
beg you to forward the annexed petition to the King. Signed,
Tho. Hill, Ja. Eussell, Ed. Stapleton, Ed. Powell. Undated, I j>,
[Col Papers, Vol. LVII.> No. 45.]
COLONIAL PAPERS.
1686.
[March.] 615. The Secretary of Virginia to Lords of Trade and Planta-
tions. I send the Journals 6$ the Assembly and the Bills that
should have been passed into laws. The Journals will explain
why they were not so passed better than I can, as I was unhappily
too unwell to attend to my duty at the time owing to gout. They
will show also how near things were to a settlement when they
were interrupted. But neither the burden of keeping a standing
force, nor the favourable occasion of a plentiful crop to raise a
levy, nor the expense to the country of maintaining a long
Assembly could prevail with the Burgesses. Lord Howard will
doubtless have informed you how far he went to accommodate
the matter, but you will see how necessary it is for the Clerk to
the Burgesses to be appointed by the Governor and paid from the
King's revenue. The King has ordered quit rents to be collected
in money instead of as formerly in tobacco. Should not the Act
of Assembly on the subject be repealed by Royal Proclamation:'
The Assembly must not be expected to repeal it, since it concurs
with their interest. I thank God we have a plentiful crop of
tobacco, and no fear from home or foreign Indians. Signed,
Nicho. Spencer. Holograph. %\ pp. Endorsed. Reed. 7 May.
Read 10 May 1686. [Col. Papers, Vol. LVII., No. 46, and
Col. Entry Bk., Vol. LXXXIII., pp. 99-102.]
April 1. 616. Minutes of Council and Assembly of St. Christopher's.
Proposed to the Council as essential to the prosperity of the Island
that the ships trading to the Island carry no more than one pound
of powder per ton. [Cot. Entry Bk., Vol. XLVIII., p. 55.]
April 1. 617. Governor Richard Cony to Lords of Trade and Planta-
Bennuda. tions. Repeats his letter of 18 March (see No. 602) and con-
tinues : I was ready to seal up my last letter when Anthony
Penipton came to see me on behalf of the country, and told me
that neither he nor the country would give more than five pounds
a boat for this year's whale-fishing, utterly denying his former
offer of ten pounds a boat, and saying, " "We are the King's sub-
jects, and we will strike whales, and if the King ask the oil of
us he shall have it all," and so forth to the like affronting pur-
pose. There is no trusting this perfidious people. They make
it their common jeer that the frigate which is to come here is
yet to build, believing that the King will take no notice of them.
They sent me the enclosed letter from William Peniston by
accident, hearing that I was informed of such a letter. It will
show you what a state the country and myself are in. But for
Sharpe and the ship-masters, I should have help against their
fury, but they have nothing against me except that I will not
abandon the King's interest. I have not heard a word of com-
plaint against Sharpe from any native nor any Governor nor any
people, except the factions here who wish me to be left to their
rage. Had Sharpe exceeded the bounds of his commission, he
would not presume to await the arrival of a King's ship, but now
William Peniston has cleared him of any suspicion of piracy. If
be was a pirate, why did they buy goods of him, and why did
AMERICA AND WEST INDIES. 169
1686.
they not accuse him as soon as he anchored? Yet they made no
attempt to do so until after Captain Bee had sailed. I shall try
to keep him till the King's frigate comes. The articles against
him are enclosed.
I was sealing this packet when the King's letter to me arrived
and copy of the articles exhibited against me by Milbourne and
Righton. It was crafty of them to have those articles recorded
before the evidence was examined, and crafty of their friends to
procure them a copy of the King's letter nine weeks before the
original reached my hands. I shall obey the King's orders and
try how far the cords of their oaths and consciences will stretch.
As yet I am unwilling to begin, from fear of tumult, so shall
forbear until the arrival of the frigate. I wish the Eightons
were as guiltless of defrauding the Customs as I am of their
articles, and then I should have money in the Treasury and not
be obliged to pay all expenses from my own purse. I enclose
Downing's attestation against Bascom and others for disposing
of Crown Lands to the preacher Fowlls. If the master of the
ship that bears this complain that I have detained him, do not bo-
lieve him. He has waited to repair his weather-beaten vessel and
ship tobacco. Blessed be the great Creator of earth and heaven
for the King's late victory over his enemies. Signed, Bichd.
Cony. Holograph. Four closely written -pages. Enclosed,
617. i. Declaration of Governor Cony that having lately dis-
covered a design to bring him to examination and trial,
he has called upon Captain Bartholomew Sharpe and
his company to attend at Bermuda for defence of the
King's interest. Attested by Bartholomew Sharpe, of
the Josiah frigate, Edward Conway of the ship Pros-
perous, John England, of the Frances, pink, William
Coward, lieutenant of the Prosperous, and seven others.
1 pp. Endorsed.
617. ii. Duplicate of foregoing. Same endorsement.
617. in. William Peniston to the Justices of the Peace of
Bermuda. Calling upon them to meet, call Sharpe be-
fore them and try him ; and, if he refuse to attend, to
take all possible precautions to prevent his escape.
When the matter is finished they should go down to the
Governor and give the lie to his aspersion on the
Bermudians for rebels and traitors. They must not
forget that Eichard Stafford, an aged man [note in the
margin, between 40 and 42] is on board Sharpe's ship
with both legs in irons ; it is feared that he will be
murdered by hard usage. One closely written page, the
whole in a seditious and inflammatory strain. Dated, 22
March 1686. Copy, attested, 29 March 1686. Endorsed.
Eecd. 19 May 86.
617. iv. Articles against Bartholomew Sharpe, exhibited by
William Peniston. 17 March 1686. As to his sus-
picious departure from Jamaica, and acts of piracy at
Campeachy and elsewhere. Seven articles. Copy. 3
pp. Inscribed in G&vernor Cony's hand. Mr. Peniston
170
COLONIAL
1686.
delivered these articles to me, but no man has sub-
scribed them. Endorsed. Reed. 19 May 86.
617. v. Deposition of John Watlington as to the design of
holding a public cabal on 30 March. Sworn 28 March
1686. Signed, John Jauncye, Dep. Sec. Scrap.
617. vi. Deposition of Patrick Downing as to the alienation
of Crown Land by George Bascom and others. " Sworn
before me, 29 March 1686, the Secretary being absent
from his duty. Richard Cony." Witnessed by
Bartholomew Sharpe and three others. 1 p. En-
dorsed. Reed. 19 May 86.
617. vn. Testimony of Bartholomew Sharpe as to the unwilling-
ness of the Council of Bermuda to hear his evidence
against William Righton. Dated, 28 January. Copy.
Endorsed as the preceding* 1 p.
617. vin. Extract from a letter from the Bermuda Company
to the Governor, of November 9th, 1670. Setting forth
that Richard Stafford had abused his trust as Sheriff
in Bermuda by embezzlement and cheating, and was
therefore discharged and declared incapable of all public
employment. Ciertified \copy. 1 p. Endorsed as the
preceding.
617. ix. Affirmation of John England and others as to John
Vivers of the pink America. That his ship was in a
wretched condition, that he tried to refuse to carry
despatches, and behaved himself uncivilly and dis-
respectfully towards the Governor. Signed, Bartholo-
mew Sharpe, Edward Conway, and four more. En-
dorsed as the preceding.
Bermuda. 617. X. Declaration of Joseph Bridgman. That he heard
William Keele and George Bascom say that if Captains
Sharpe and Conway opposed the country, the country
would oppose them, and would be in readiness in an
hour's time ; that unless they came civilly they must
expect blows ; and that it would be a long time before
they took Bascom and Keele again. Scrap. Dated,
26 February 1686. Endorsed. Reed. May 19 1686.
[Col. Papers, Vol. LVII., Nos. 47, 47 i.-ix.]
April 2. 618. Bartholomew Sharpe to the Earl of Sunderland. I write
Bermuda, to satisfy you further that there is rebellion against the King in
all these Islands, and that the people will not believe that any
king but Monmouth is living. They demanded possession of the
King's magazine and took two of the forts, which however I and
Captain Conway recovered. The country is still in arms, and the
Governor would be in danger of his life did we not at his request
stay uere to protect him. I have pried earnestly into their affairs,
and they confess that they have nothing to say against the
Governor, but that he is not [such] as they would have. Signed,
Bartholomew Sharpe. 1 p. Endorsed, Reed. 18 May 86. [Col.
Papers, Vol. LVII., No. 48.]
AMERldA AND WEST INDIES.
1686.
April 2. 619. Minutes of Council and Assembly of Antigua. Message
of the Assembly. We are resolved to hold by our, former opinion,
touching the payment of matrosses. We desire that Colonel
Warner may be summoned before the Council and Assembly to
explain his words, that the money is wilfully withheld. Message
of the Governor and Council. We send you the order for pay-
ment, signed by the Governor and one of the Council, and wish
to know whether you will sign it or not. Answer of the Assembly.
We cannot consent to this order as we do not conceive it to be
written within the meaning of the Act. Signed, Richard Ayres,
Speaker; Francis Burton, Robert Garden, John Hamilton, Cuth-
bert Jameson, Thomas Gilliard, Charles Goffe, Samuel Martin,
John Morris, George Symes, Aquila Stoughton, Richard Travers,
Henry Winthrop. Order of the Governor in Council, that not-
withstanding the dissent of the Assembly, the gunners and
matrosse^ be paid as heretofore out of the King's revenue of a
pound an acre. Of the Council there were present, Deputy-
Governor Edward Powell, William Barnes, Francis Carlile, Archi-
bald Cochran, John Fry, John Parry, Nicholas Raynsford, William
Thomas, John Vernon, Samuel Winthrop, John Yeamans. [Col.
Papers, Vol. LVII., No. 49.]
April 5. 620. Richard Leacroft to Governor Cony. In answer to the
Governor's request, we say we are not satisfied what the King's
part is [in the whale fishery], and do not know that he demands
any part of it. If the Governor pleases to accept of sixty-two
gallons of oil it shall be at his service when he chooses to send
vessels to fetch it. Signed, Rich. Leacroft. Certified copy, j p.
Endorsed. Reed. 19 May 1686. [Col. Papers, Vol. LVII., No.
50.]
April 6-8. 621. Proceedings of the Admiralty Court of Nevis, for trial
Nevis. of the ships O'Brien and Esther of Dublin, and of a trading sloop,
seized by Captain St. Loe, H.M.S. Dartmouth. 11 p. Endorsed.
Reed. 20 Sept. 86. [Col. Papers, Vol. LVII., No. 51.]
April 8. 622. The Deputy-Governor of Antigua to Lords of Trade and
Antigua. Plantations. Last year's orders given to us by Act of Parliament
have not been observed by those that trade hither, but both they
and the regulations of the Custom House have been violated by
their landing in Ireland. We have not proceeded to the condemna-
tion of any of their ships, but have ordered them to give double
bond for the justification of their last year's action and their per-
formance of the law this year. We beg that if fresh orders have
been issued they may be communicated to us, that we may not
incur the prcemunire ourselves. I enclose the debates of the Coun-
cil of Antigua since the departure of Sir William Stapleton.
You will see that the Assembly was unwilling to pay the gunners
in spite of the order of the Council, being of opinion that such
payments were not within the meaning of the Acts of Revenue
passed in the time of Henry, Lord Willoughby. Signed, Ed.
Powell. Holograph. 1% pp. Endorsed. Reed. 1 June 86.
Read 16 Aug. 86. [Col. Papers, Vol. LVII., No. 52, and Col,
Bk., Vol. XLVII., p. 229.]
172 COLONIAL PAPERS.
1686.
April 8. 623. Minutes of Council of Jamaica. In consequence of the
killing of the rebel negro Coffee, it was ordered that the parties
be reduced to three, taken from the - Liguania, St. Catharine's,
and Clarendon regiments ; the rest to be discharged, but the
officers to be ready to raise them anew in case of emergency.
Resolved to call the Assembly for 1st June to meet the expenses
of the rebellion. Order for payment to the purser of H.M.S.
Ruby for provisions. Certain of Sir Philip Howard's instruc-
tions communicated to the Council. [Col. Entry Bk., Vol.
XXXVI., pp. 108a-109.]
April 10. 624. Minutes of Council of Nevis. Petition of the merchants
and traders of Nevis to Deputy-Governor Sir James Russell,
against the new rule introduced by the King's collector for
measuring the sugar exported, not by computation but by 'weight,
for purposes of raising the four and a half per cent. duty.
Eighteen signatures. Answer of Henry Carpenter, dated 6 April.
I do but obey my orders ; and, in reply to the petitioners' sugges-
tion that more beams and scales should be erected, my instructions
direct me to see to this, and I have taken measures accordingly,
and meanwhile I make allowances which I think are not unfair.
Signed, Henry Carpenter. The Council decided in favour of the
Kings collector. Joseph Crispe, Escheator General, applied ior
possession, in the King's name, of certain vessels seized by Captain
fc>t. Loe for illicit trading. The Council decided that his jurisdic-
tion did not apply to captures by sea. 4 pp. [Col. Papers, Vol.
LVI7., No. 53, and Col. Entry Bk., Vol. XLVHI., pp. 67-70.]
April 10. 625. Minutes of Council and Assembly of Nevis. The
Assembly proposed that their suggestions of 19 January be
answerea, and that the impost on liquors be farmed out. The
Act for restraining rebel convicts was rejected by the Council,
and a new Act ordered to be prepared by next meeting. [Col.
Papers, Vol. LVI., No. 43.]
April 13. 626. Minutes of Council of Barbados. The Lieutenant-
Governor communicated certain letters and instructions from
Whitehall, in particular those relating to the voting of presents
to the Governor. The King's orders as to the reinstatement of
Sir John Witham executed. Order for payment of 300 to the
Lieutenant-Governor in reimbursement for money spent out of
his own pocket in the public service ; and for payment of 140
for repair of fortifications. Liberty granted to Colonel John
Waterman and others of St. Joseph's parish, to make a dock and
a wharf for boats. Order for repair of Fontabelle House. [Col.
Entry BL, Vol. XI., pp. 685-687.]
April 15. 627. Minutes of Council of Nevis. An Act for the convict
rebels transported to serve ten years was passed. Several pro-
posals of the Assembly brought up. The Council dissented from
the proposal that no person should buy any parcel of provisions
till the importer has been in the Island eight days, and from the
proposal touching punishment of negroes. Petition of John
Abbot, Coroner, for an annual salary, referred to the Assembly.
AMERICA AND WEST INDIES. 173
1686.
r lne Council concurred in the Assembly's suggestion that the im-
post on liquor should be farmed out, and appointed a committee
to look to the same. Warrant of the Deputy-Governor empower-
ing six persons to appraise the value of the condemned vessel
O'Brien. Dated, 6 April. Report of the appraisers. Dated, 7
April. Warrant for the appraisal of the sloop Blessing, also
condemned. Dated, 10 April, and report of the appraisers of same
date. 5 pp. Endorsed. Reed. 20 Sept. 1686. [Col. Papers,
Vol. LVII., No. 54, and Vol. LVI., No. 43.]
April 15. 628. Warrant of the Proprietors of Carolina, for the delivery
of two hundred acres, sold to James Nichols, alias Petitbois.
Signed, Craven, P. Colleton. [Col. Entry Bk., Vol. XXII., p.
78.]
April 20. 629. Proceedings of a General Court held at James Citv.
Virginia. Present Mr. Auditor Bacon and eight more members of Council,
The Grand Jury having yesterday returned a true bill against
George Talbot for the murder of Christopher Rousby, the pri-
soner was this day brought up for trial. He pleaded not guilty,
and challenged five persons before the jury was made up. Verdict,
guilty. The prisoner moved that he mignt have counsel assigned,
and a time fixed for arguing certain points of law. The Court
assigned Colonel Thomas Ballard and Mr. Arthur Spicer as coun-
sel, and appointed the following day for the hearing.
April 21. The following points were urged on behalf of the
prisoner. 1. That he ought to have been tried in Calvert County,
Maryland, where the crime was committed. This was overruled
by the Court on the language of the King's Commission. 2. That
the indictment was imperfect as not specifying the place of the
crime. Overruled. 3. That the first panel of jurors was of less
than the legal number of twenty-four. Overruled. 4. That the
indictment did not contain the name of the proper county where
the crime was committed. Overruled.
April 24. George Talbot was again brought up, and being
asked what he could say for himself, said that he had not acted
by malice or premeditation, but in the height of passion. Sentence
of death was passed. Certified true copy. 3 pp. Endorsed.
Reed. 5 July. Read 6 July 86. [Col. Papers, Vol. LVII., No.
55.]
April 20. 630. Duplicate of foregoing. [Col. Papers, Vol. LVII., No.
56.]
April 20. 631. Grant of the Proprietors of Carolina of five hundred
acres of land to Charles Colleton. Signed, Craven, P. Colleton,
Tho. Amy. [Col. Entry Bk., Vol. XXII., p. 83.]
April 20. 632. Journal of Lords of Trade and Plantations. The Lords
agreed to move the King for the issue of writs of quo warranto
against Maryland, Connecticut, and Rhode Island, East and West
New Jersey, and Delaware. [See Col. Entry Blcs., Vol. LII., 7?,
109, and Vol. XCVII., pp. 232, 233.]
174 COLONIAL PAPERS.
1686.
Abstract of Colonel Cony's letter of 3 January read. Mr.
Vaughan ordered to attend. Colonel Cony to be instructed to
take all arms and ammunition into his custody, and to take an
account of what have been bought. Further instructions agreed
to. The passage in his letter as to the stealing of slaves by
Christopher Potter to be sent to the Commissioners of Customs.
The Act of Barbados for the government of convict rebels ap-
proved.
Colonel Molesworth's letters of 16 and 17 January read. The
Lords approve his action as to the Assiento, and refer the question
of the cotton manufacture to the Lord Treasurer.
Memorandum of documents sent and received. [Col. Entry BL,
Vol. CVIII., pp. 257-262.]
April 21. 633. William Blathwayt to Henry Guy. Forwarding an
Council extract from Governor Cony's despatch respecting the stealing of
Chamber, two of the King's slaves by Christopher Potter (see No. 536), that
the officers of Customs may endeavour to recover them. Draft,
with corrections, i p. Endorsed. \Col. Papers, Vol. LVII., No.
57.]
April 21. 634. "William Blathwayt to Henry Guy. Forwarding Colonel
Council Molesworth's proposals for erection of a cotton manufacture in
Chamber. Jamaica, for the opinion of the Commissioners of Customs (see No.
649). [Col Entry Bk., Vol. XXXI., p. 127.]
L April 21.] 635. Petition of Francis Burghill to Lords of Trade and
Plantations. Submitting certain papers received from Bermuda
for consideration. Signed, F. Burghill. 1 p. Annexed,
635. i. Address of loyalty of the inhabitants of Bermuda to
King James II. Over two hundred signatures, includ-
ing those of all Governor Cbny's enemies, all written in
the same hand. Two large sheets. Damaged.
635. n. Petition of the inhabitants of Bermuda to the King.
Complaining of the oppression of Richard Cony,
Governor, since the dissolution of the Company, and
hoping that their grievances may obtain a hearing.
Signed as No. I. Two large sheets. Damaged.
635. in. " Articles containing many enormous crimes " com-
mitted by Richard Cony. 1. He demands and takes new
fees. 2. He arbitrarily seizes the goods of others. 3.
He obstructs trade and navigation. 4. He imprisons
and refuses bail, where bail is allowed by law. 5. He
brings vexatious actions and demands large sums. 6.
He says that now the Government is in the King's
hands a share of land is not worth a pair of shoes. 7.
He wastes the gunpowder. 8. He imposes oaths but
will take none. 9. He governs without his Council,
despite his instructions. 10. He makes the poor work
without wage. 11. He forbids the Sheriff to receive
the revenue, but takes it into his own hands. 12. He
refuses powder to military officers. 13. He sends armed
men to execute his will without law, precedent, or reason.
14. He has entertained Bartholomew Sharpe, a pirate.
AMERICA AND WEST INDIES. 175
1686.
15. He declares the inhabitants to be rebels and traitors.
16. He vilifies those who come to him for justice. 17.
He refuses to go through the Island to view the Militia.
Two large sheets. Endorsed. Read 21 April and 3
June 86 [Col. Papers, Vol. LVII., Nos. 58, 58
I.-IIL]
[April 21.] 636. "Paper concerning the magazine ships." While the
Bermuda Company governed they enacted that no tobacco should
be exported but in their magazine ships, of which John Bee was
and still is master. By the assistance of the present Governor,
who continues to enforce that enactment, he has made much profit,
at the expense of Bermuda. This matt'er is a ground for one of the
Islanders' complaints against the Governor. Captain Bee, having
so great a part in it, cannot be a competent witness. \ p. En-
dorsed. Presented 21 Apr. 86. [Col. Papers, Vol. LVII., No.
59.]
[April 21.] 637. Petition of John Daniel to Lords of Trade and Planta-
tions. My former petition against Sir Richard Button was re-
ferred to him for his reply a month ago, but he has not answered
yet. I beg your orders, that he may delay me redress no longer.
4 p. Endorsed. Read to the Committee Apr. 21 1686. [Col.
Papers, Vol. LVII., No. 60.]
April 22. 638. Commissioners of the Revenue in Ireland to the Lord
Custom Lieutenant. On the report of the Commissioners of Customs in
House, England (see No. 613), we are still of opinion: 1. That the
Dublin. dispensing with the Act of 22 and 23 Car. II. will profit the
revenue of both kingdoms. 2. That the whole Irish Plantation
trade will be ruined by the restrictions of that Act. It is con-
ceived, not without good assurance of truth, that during the ten
years " when that Act was in power not so much revenue was
collected in the Colonies as in nine months by the half-duty levied
in Ireland. Now if tobacco cannot be brought to Ireland direct,
it would be worth considering whether the halfpenny a pound
levied in its re-exportation amounts to a greater sum than the
half-duty collected in Ireland for the English Treasury. If it
does not, then all objections that the Irish Plantation trade is not
equally good for England and Ireland are disposed of. Now we
appeal to the books of the Customs in England, and we believe it
will be found in them that the halfpenny per pound levied on
re-exportation of tobacco from England to Ireland from the
principal ports has never in any year amounted to 5,000, the sum
collected this last year in Ireland ; not though the amount ap-
parently exported has been swelled by the corruption of the officers
in Bideford, Bristol, Whitehaven, and Liverpool. On the second
point we say that the Irish cannot carry on the Plantation-trade
without European goods, which by the law can be had nowhere
but in England. When therefore they have shipped their ser-
vants, horses, and victuals, they must go across to England for
European goods, without which the rest of the cargo would be of
little account. If they ship the said goods in Ireland the ship
and goods are forfeited by law, which plainly shows the obliga-
176 COLONIAL PAPERS.
1686.
tion to enter outward from England before they can go to the
Plantations. This, though very hard, has been cheerfully borne, but
we humbly conceive it to be insufferable that they should be com-
pelled to return to England to unload and pay a penny a pound for
all tobacco, &c., and enter security to answer the other duties,
pay town duties, cranage, wharfage, and other petty charges, which
are very considerable in the whole, before the entry inwards can
be finished and the goods landed, then enter outwards, reship the
whole lading at no small expense, taking a debenture for the half-
subsidy paid on importation, not receiving payment of the money
for a month, not to mention other tedious formalities of the law.
Notwithstanding all objections to the contrary, these difficulties
will remain till the law be altered. And even supposing that the
bonds and securities, taken at importation for the duty not paid
down, will be immediately cancelled upon exportation, yet there
is no obligation by law to that effect, and it may therefore be
presumed that it will be as often refused as granted. This, taken
with the risk and danger of such voyages to and from England,
the delay by lying in harbour one, two, or three months, the
trouble with contrary winds, all of which will be laid on the Irish
merchants, will make the Plantation trade so burdensome and un-
easy that it will be impossible to carry it on. It would be worth
enquiry for what end or advantage this great hardship and danger
must be put on the trading merchants of Ireland, when only a
halfpenny per pound is received in England, while the like and
perhaps more would be more easily collected for the English
Customs in Ireland. Altogether the contest seems to be only
whether the halfpenny per pound will be best collected in England
or Ireland, which (setting apart the. hazarding of the King's duty
of twopence a pound payable in Ireland) cannot, in our opinion,
be so important as to put difficulty and inconvenience in the way
of the trade of a whole nation.
The foregoing shows plainly that it is not for the true interest
of England that Ireland should be debarred from direct trade
with the Plantations. Nor do we conceive that the dependence
of the Plantations upon England will be hindered by the existence
of such a trade. England must be the staple of all commodities
brought from the Colonies ; it must be so since it is the only place
from whence all foreign markets (except Ireland) are supplied.
Ireland, too, pays the same duties as if the goods were brought
through England, so that it is plain that England has the same
advantage upon all tobacco, &c., whether it be brought here direct
or re-exported from England. The King gains twopence more when
the goods are exported to Ireland than to any foreign nation, which
we conceive to be his advantage both in Ireland and England.
We confess that by the law of Ireland all tobacco imported from
England ought to pay the duty rebated by debenture in England,
which, when that law was made, was three halfpence per pound.
A subsequent law has increased the duty to twopence halfpenny
a pound on all tobacco imported from England. This sum was
formerly collected, and would still be, had not the Commissioners
of Customs in England obtained an abatement of a halfpenny a
pound, and issued an order to us not to receive the same. This
AMERICA AND WEST INDIES. 177
1686.
order is not yet revoked, though we beg that it may be, believing
it to be for the increase of the revenue here. As to the alleged
decrease of trade from Bristol to Ireland in the three years after
the expiration of the Act, we conceive that the true cause was
the shifting of the Plantation-trade of late years to the northern
ports, Chester, Liverpool, Workington, and Whitehaven, as also
the great corruption of the officers at Bristol. They were then
in combination with the merchants, whereby the revenue was
greatly defrauded. The pretence was to ship tobacco for Ireland,
whereas in several of the entries at that time only small quantities
were shipped, and sometimes none at all, yet the drawback was
still obtained by the merchant as if the full entry of the goods
had been really exported, which swelled the bulk of that account
in that port considerably. One merchant was discovered to have
defrauded the revenue of a thousand pounds a year for many
years, and obtained the King's pardon to indemnify him from
prosecution. We are aware, as are all our merchants, that the
restraint of the Plantation-trade is not a seeming but a real
grievance. It seems hard that the inhabitants of Ireland, sub-
jects of England and protected by the same King, who obey
their King and quietly pay their dues for the support of his
Government, should be debarred from that trade, simply because
it is alleged that their enjoyment of it will be a disadvantage
to the -revenue and trade of England, without mentioning one
particular wherein either the one or the other will suffer. We
hope that our natural advantage of position and cheap provisions
cannot be a reasonable objection to our enjoyment of the trade.
We neither can nor do trade upon equal terms with England,
and cannot rob her of her commerce for the following reasons.
1. The people of Ireland cannot carry any European goods with
going to English ports for them, and cannot go trading without
them, for New England now furnishes horses, and there is no
longer the same demand for provisions. 2. Tobacco imported
direct into Ireland from the Colonies ought to pay a penny Planta-
tion-duty and twopence more here, or threepence a pound in all,
whereas in England, before the late imposition, it paid but two-
pence a pound. 3. Tobacco imported into England may be re-
exported and a drawback claimed, so England is the staple of
the world, Ireland having no such advantages.
Finally, we cannot lightly pass over the closing argument of
the English Commissioners, that the late revival of the law was
expedient, and should not be cancelled. To meet it the several
steps must be traced. By Act of 12 Car. II., Ireland had the
same freedom as England to trade with the Colonies. By Act 22
and 23 Car. II., passed for nine years only, and now revived, that
freedom was taken away. By Act 25 Car. II., that freedom was
partly restored, several new duties being imposed. These new
duties were found difficult to collect, and the half-duty in Ireland
was substituted, with result that in nine months more revenue
was collected in Ireland than in nine years in the Colonies. We
urge the continuance of this method. Signed, Longford, Bob.
Bridges, Will. Strong, Will. Culliford. [Col. Entry Bit., Vol.
XXII., pp. 191-206.]
178 COLONIAL PAPERS.
1686.
April 22. 639. Lords Proprietors of Carolina to Governor Joseph More-
ton. We have received yours of 14 and 24 October, and notice
the presumption of our Secretary, who carried away the records
because he was not allowed to act as Clerk of the Sheriff's Court.
If he had not afterwards submitted himself we should certainly
have dismissed him. The Fundamental Constitutions provide
that a court for the trial of civil cases shall be held in every
county. We think that a record of the cases and judgments should
be kept by the Clerk of that court, who should receive fixed fees.
The Prothonotary's place you will abolish. The fees of causes
tried by the Admiralty will, till further notice, go the Secretary.
You say the majority of the Council decided that Morgan should
have leave to wood and water in Carolina, but what had the
Council to do with that? What right had they to allow or pro-
hibit the entering of any ship? It is the Governor who is to
suffer the penalty if ships are allowed to trade contrary to law,
and the consent or advice of the Council will not help him to
escape it. We are pleased to hear that you have passed the Act
against privateers. Send it here for confirmation with all possible
speed, and suffer no pirates or privateers to enter any of your
ports. If any should come in, do your best to seize them and
try them under the Act. Try also any people in Carolina that
hold correspondence with them. We notice your report of the
people's aversion to sign the counterpart of the deeds, by which
they hold their land from us. We expect that the people who
raise these scruples have never had any deeds for lands in England,
or know little of conveyances. It is the regular practice here for
every man who holds land with a fee-farm rent reserved. We are
resolved to adhere to it, and care not how soon any man that
scruples to sign the counterpart leaves Carolina, for we cannot
think him to be a reasonable or a just man, or to have honest inten-
tions, who would rent land from us and yet scruple to covenant to
pay that rent by signing the counterpart of his grant. If we find
this humour persisted in, we shall withdraw our power for grant-
ing land for servants brought thither. The land is our property,
and must be disposed of as we think fit, and not otherwise. The
men of whom you complain so much have written to us that they
do not think our proposed method of granting land unreasonable*
We are informed that divers persons have gotten possession of
vast quantities of land, greater than are due to them for the ser-
vants they have imported. You will take all imaginable care to
prevent and remedy this, or the people of the place will be
hindered, and you will remain long a wilderness. And before
you pass grants for land to any of these persons, you will strictly
examine what right they have thereto, and let none have land
but according to our instructions.
We learn that some hold that every member of the Grand
Council is, of course, a Justice of the Peace. This is a mistake.
Our fundamental laws give the choice of councillors to the people,
the powers of which councillors are fixed by those laws ; but
we did not give them leave to choose Justices of the Peace, nor
do we find it in our constitution that the Councillors shall be
justices, except those appointed by the Palatine's Court. We
notice a violent run against Lord Cardrosse, which dissatisfies us
AMERICA AND WEST INDIES. 379
1686.
much. We would have all persons of quality treated with civility
and respect. We desire a report from you on the matter, and
meanwhile you will stop all proceedings against him. We observe
the appropriation of a fine of ten pounds, set on Mr. Bernard
Schenking to be paid to the King, to the fortifications of Carolina.
By our patent the sovereignty of Carolina is ours under the King,
and the fines and forfeitures are ours; and pray what authority
have you to apply our money to any use ? Let this be so no more ;
and since the fine was, as we hear, imposed out of malice, we remit
it. lou will take great care that the land of the squares about
London town be not granted to any but according to our instruc-
tions, and you will direct the Surveyor of Colleton County to
choose a fit place for a port-town in Asheepoo River, in a healthy
situation and well watered, and to lay out squares about it for
the convenience of those who will build. We approve of what
you have done in respect of Mr. Matthews. We think it best
that x'rench immigrants, who have not bought land of us and are
only to have what we allow for persons imported, shall be settled
together in villages. You will see to this, and choose healthv
and convenient situations. By our instructions of March 12th
1684, we fixed Stono river as the north-eastern boundary of
Colleton County. We learn that this river is divided into several
small branches nearer than thirty miles to the sea. As this may
give rise to disputes as to the branch intended for the boundary,
we order that the northernmost branch shall be the boundary
between Berkeley and Colleton Counties. We hear that Secretary
Robert Quarry has delayed to give copies of our instructions to
the Governor, gave not true copies when he delivered them, and
has otherwise misbehaved himself towards him. We are un-
willing absolutely to displace Quarry until we have heard his
defence, but seeing how much confusion can be caused by his
refractoriness before we can be informed, we empower you, the
Governor and Deputies, in case Quarry on receipt of this letter
delay to give copies of any papers to the Governor, or fail to obey
our orders, to suspend him from all his offices and to appoint
others in his room till our pleasure be further known. ~ These
others shall be accountable to him for the profits of the offices,
he allowing them reasonable recompense for their work during
his suspension, as you and the majority of the Deputies think just ;
and if on hearing your charges and his defence, we think fit to
reinstate him, and you still suspend Quarry, you will send home
depositions in support of your action. Your address has been
presented to the King, and well received. Signed, Craven, P.
Colleton, Tho. Amy. [Col. Entry BL, Vol. XXII., pp. 79-82.]
April 25. 640. Depositions of John Cornish. As to the shipping of
Bermuda, tobacco and planks by William Righton on board the American
ship, which the captain would have received had he not been in-
capable through drink. Scrap. Endorsed. [Col. Papers, Vol.
LVII., Hfo. 61.]
April 26. 641. Minutes of Council of Virginia. The Lord Treasurer's
letter of 21 December touching quit-rents read. The Council
return their thanks to the King for his bounty. On the instruc-
L 2
COLONIAL PAPERS.
1686,
tions as to tribute-beaver in the same letter, agreed to repre-
sent to the King that the tribute has always been regarded as the
Governor's perquisite, and that it is now, owing to the late treaty
and the decay of Indian towns, so much reduced as to be not worth
above 50 annually, and to beg the King that it may remain the
Governor's perquisite. As to wine licences, the Council point out
that there are not above two or three houses in each county where
wines are sold, and that these already pay a small consideration
for it. [Col. Entry BL, Vol. LXXXIV., pp. 223-224.]
April 27. 642. Lieutenant-Governor Stede to Lords of Trade and
Barbados Plantations. The repairs to the forts are still in hand. Our
militia cannot be so complete as heretofore, owing to the losses
by small-pox, until that loss be made good by the supply of other
men. Those that we have left are duly exercised, and by constant
guards and patrols the negroes and others, and in particular the
transported rebels, will now probably live more peaceably than
they did before they came hither. They will have no choice of
escape till their ten years are complete. The small-pox has not
yet left us, though now less fatal than before. The winds are
fresh and the weather temperate, the crop of sugar, I believe, tho
largest ever produced in the Island. I nave appointed several
Committees of Council and Assembly to expedite the work of
collecting the laws. It was begun in Sir Jonathan Atkins' time,
but not continued by Sir Richard Dutton. I hope to get it finished
shortly. I have communicated the instructions as to the manner
of raising money for the public service, and as to gifts to the
Governor to the Council, and shall do so to the Assembly at the
first opportunity. Since my instructions bid me give my reasons
in case I remove any of the judges in the Island, I have to report
the removal of Henry St. John, judge of Oistin's precinct, and
Charles Collins, judge of Speight's Bay, since Christmas. They
were made judges by Sir Richard Dutton, who gave them liberty
to practise as lawyers in all courts where they were not judges.
This being found very scandalous and mischievous, the Council
begged me to restrain judges from practising as lawyers, but as
these gentlemen refused to be restrained, I was compelled to re-
move them. In Mr. St. John's place I have put Mr. Walrond,
and in Mr. Collins' Mr. Daniel, both loyal and worthy men, who
were put out from being judges by Sir Richard Dutton at the
time of his violent prosecution of Sir John Witham, though for
no reason that I know of, except that they were Sir John's friends
or relations. I hope that this will be approved. I have lately
ordered the ministers and churchwardens to give me an account
of the condition of the churches, churchyards, and of the store of
books- and ornaments for the service, also of the teachers of the
schools, that I may suppress any who are disaffected or disloyal.
Signed, Edwyn Stede. Holograph. 4 pp. Endorsed. Reed. 26
June. Read 6 July 1686. [Col. Papers, Vol. LVII., No. 62, and
Col. Entry BL, Vol. VII., pp. 374-377.]
April 28. 643. Lieutenant-Governor Molesworth to the Earl of Sunder-
Jamaica. l an( J. I h ave received your letter of 21 October last, and upon
AMERICA AND WEST INDIES. 181
1686.
it beg that if any information be given against me in any respect
whatever, I may be heard in answer before anything be determined
to my prejudice. I know that the Spanish trade has many enemies
in this Island, as have I for favouring it. For instance the
premios, with which the Spaniards have rewarded my services, are
envied by my opposers, who magnify the same above all measure,
and would make that appear criminal which is really meritorious.
The late factor of the Spanish Assiento, having been displaced
by the King of Spain in favour of another, is now the greatest
enemy the Assiento has. He joins with the disaffected to that
trade, discovering its secrets so as to give them the better op-
portunity of discouraging it. Knowing how far I have encouraged
it already, and how capable I am of doing so in future, their chief
aim is levelled at me. But I hope it will be remembered that
this person never complained while he was factor for the Assiento,
and now does it only because he is prejudiced against it and
knows that those who now have the management are sensible of
my good service. So I hope that no notice will be taken of such
information where the iniormer has no concern. I am sure no
one has cause to complain of hardship from me, for I have been
kind even to my own disadvantage. I cannot omit to tell you
that Sir Henry Morgan has laboured much (contrary to custom
here) to get Mr. Elletson, the suspended lawyer, chosen in a remote
part of the Island, where there are but few electors, for the next
Assembly, presumably in order to disturb the Assembly's pro-
ceedings. They are both great enemies of the Spanish trade, and
they are for raising the value of pieces-of-eight to keep money
in the country, and for advancing the price of sugar; in all of
which they mistake the true interest of the Island, and would
cheat others on a false surmise of serving themselves. I have
news of an interloping ship, which was yiolently seized three
years ago at the Island of Margarita, but is now offered to be
restored. It is a long way to windward, but if on enquiry I find
it worth while I shall secure her for the King's service. Signed,
Hder. Molesworth. Holograph. 5 pp. Endorsed. [Col.
Papers, Vol. LVII. t No. 63.]
April 28. 644. Minutes of Council of Maryland. Letter from Lord
Baltimore, dated London, December 1st 1685, reporting the
decision of the Lords of Trade and Plantations in his dispute with
William Penn. The order in Council (he continues) was passed
unknown to me, I not having had any notice to be heard any
further in the affair, which surprised many persons. But I hope
that before long I shall obtain from the King at least that no
more land shall be taken from my charter than what is actually
cultivated in Delaware. I was assured that this was the resolution
of several of the Lords of Trade, but it was carried against them
by some few. Meanwhile I desire you to prevent Penn's people
from making settlements near the heads and branches of the
rivers that fall into Chesapeake Bay, to encourage our own settlers,
and to take care that there are no further encroachments of the
Pennsylvanians on the land that was Colonel George Talbot's.
Also secure the port near Christiana bridge, for I am resolved,
182 COLONIAL PAPERS.
1686.
notwithstanding this order, to keep possession of what is surveyed,
and to be on the defensive part rather than be forced to complain.
Take care that our neighbours do not break in upon the heads
and branches of my rivers on the Eastern side, ana I shall soon
contrive that the division made by the order shall be no great
prejudice to my country. Signed, C. Baltimore. Copy of the
order in Council of 13 November 1686 (see No. 456). Resolved
by the Council of Maryland that care be taken to obstruct
Pennsylvaman encroachments on the frontier. Order to the
miliiary officers accordingly. Proceedings of a County Court of
Kent County of 25 March 1686 read. Ordered that the Attorney-
General prosecute Philip Connor for refusing to be sworn a Justice
of the Peace. A letter from Lord Baltimore in favour of Mr.
Paul Bertrand, a Protestant parson, recommended by the Bishop
of London. Order for new Commissions of the Peace in Ann
Arundel County. [Col. Entry Bk., Vol. LIV., pp. 1-6.]
April 30. 645. Order of the King in Council. For the prosecution of
Whitehall, writs of quo warranto against the Patents of Maryland, Connecti-
cut, Rhode Island, and East and West Jersey. [Col. Entry Bk.,
Vol. XCVII., pp. 233, 234.]
April 30. 646. Memorandum of Lords Proprietors of Carolina. A patent
of Landgrave was granted to John Price on this day. [Col. Entry
Bk., Vol. XXII., p. 83.]
PAnril ?1 647. Rough notes of amendments for Governor Cony's Coni-
mission. 1 p. [Col. Papers, Vol. LVII., No. 64.]
May 1. 648. Minutes of Council and Assembly of Nevis. On the
motion of the Assembly, the Governor and Council agreed that
a levy of 2(5,000 Ibs. of sugar, four-lifths should be raised in the
country by a poll tax on negroes of sixty pounds, and one-fifth in
the towns, whereof one-fourth to be borne by the Jews ; and ordered
an Act to be drawn to continue the Acts of the Island for two
years, pending further orders from the King. [Col. Papers, Vol.
LVI., No. 43.]
May 1. 649. The Dutch Ambassador to the King,. More than two
Westminster, years ago I had the honour to request by memorial, of which copy
is annexed, the restitution of the Island of Tortola to its true
owners, and that orders might be sent accordingly to Sir William
Stapleton, who had taken the Island at the request of the pro-
prietors for some time into his own protection as Governor of the
Leeward Islands. The answer then given, and frequently repeated
since by word of mouth, was that Sir William Stapleton was on
his way home, and chat on his arrival he would either be heard
or ordered to furnish in writing a report as to the matter. Under-
standing that Sir William is arrived, I beg to press my former
request, that the King will order him to yield up possession of the
Island. Copy. French. 2 pp. Attached,
649. i. Copy of the former memorial of 16-26 February 1684.
2 pp. French.' [Col. Papers, Vol. LVII., Nos. 65-
65 I.]
AMERICA AND WEST INDIES.
183
1686.
May 1.
Jamaica.
650. Lieutenant-Governor Molesworth to [William Blath-
wayt]. The donation to be given to the parish of St. Andrew has
not been diverted, but the grant may be better confirmed by the
Assembly, as I hope it will be. I have enquired into the case of
Sarah Harrison. Her land, not being built upon, was seized for
the King by writ of cessavit per biennium, and has been since
alienated, so that I consider her to be remedyless. Extract. [Col.
Entry Bk., Vol. XXXI., p. 158.]
May 2. 651. Lord Howard of Effingham to the Earl of Sunderland.
Virginia. Thanks for his lordship's thoughts amid the pressure of great
affairs. Signed, Effingham. Holograph. 1 p. Endorsed. Reed.
5 July 86. [Col Papers, Vol. LVII., No. 66.]
May 4. 652. Minutes of Council of Maryland. On the petition of
John Ryley and another, Daniel Darnall was bound over to good
behaviour. The complaint of Abraham Gale against Henry
Staples heard and dismissed. Swithin Wells appeared and was
discharged from his bail. Petition of Henry Bray read, and a letter
from Lord Baltimore in his favour, concerning the misbehaviour
of his attorney, Colonel William Burges. Letter from Lord Balti-
more in favour of Mr. Willymot. The Council resolved to comply
with his Lordship's commands therein. Order for a writ of error
in the case of Nicholas Butterham, guardian to Henry Bassey,
an infant. Other legal business. Sheriffs of nine counties ap-
pointed.
May 5. Settlement of complaints and claims of sundry litigants.
May 6. The same. Rules for the Land Office. The Kings of Pocomoke
and Assateague, with several of their great men and great men of
other Indian nations on the Eastern shore, presented themselves
for audience. They delivered a present of ten deer skins, and pro-
ceeded to make complaint of the encroachments of Charles Scar-
borough and others of the English, on their village at Askimeno-
konson, and of damage done to their corn by cattle. Other Indians
made like complaints.
May 7. Colonel William Stevens, Colonel William Colebourne, Mr.
Thomas Newbold, Mr. John Osborne, and Mr. James Round wera
ordered to enquire into the grievances of the Indians, and the
Indians were informed accordingly. [Col. Entry Bk., Vol. LIV.,
pp. 7-24.]
[May 5.] 653. Certificate by Edwyn Stede that he received no order
from Sir Richard Dutton to negotiate with Sir John Witham
for a composition in the matter of salary. Dated, Barbados 20
May 1685. 1 p. Copy. In the handwriting of Sir R. Dutton.
Endorsed. Reed, as a true copy from Sir R. Dutton, 5 May 1686.
[Col. Papers, Vol. LVII., No. 67, and Col. Entry Bk., Vol. VII.,
pp. 371, 372.]
184 COLONIAL PAPEES.
1686.
May 6. 654. Sir Richard Button to Lords of Trade and Plantations.
Pursuant to orders I offer the following answer to Mr. John
Daniels' petition (see No. 542). When he declares his loyalty to
the King and conformity to the Church of England, I must say
that I never knew or believed it of him and thought him unfit for
any such office as judge. He was preferred to the post by Sir
John Witham in my absence, Sir John having married his wife's
sister. I thought him unqualified for the following reasons. He
was one of a factious cabal that made it their business to obstruct
the Government and circulate scandalous papers concerning it.
He was not only of civil company, but is given to debaucheries
of drinking, so that often he has been unable to return to his house
but has fallen and lain down on the way, to the great scandal
of his office as judge. As to his allegations against Sir Timothy
Thornhill, I may say that in December 1684 Sir Timothy com-
plained to me that Daniel had slandered him bjr reporting that
he had used blasphemous speeches. I sent for Daniel, who brought
with him a scroll of some words, said to have been said by Sir
Timothy, but without stating the time nor the persons who were
present. I called upon him to supply these, and found that Sir
Timothy had used at a christening some vain and inconsiderate
expressions, but could not discover what they were, owing to the
conflicting reports of them. I concluded that the whole company"
was so far gone in drink that none could remember what was said.
I admonished Sir Timothy, who is a young gentleman, in private,
and I believe with good results. Having never thought Daniel
lit for his office, I thought him the less so after his endeavour to
libel Sir Timothy Thornhill (for the two had quarrelled long before
the matter came to my ears) and discharged him from it. If he
insinuates that Sir Timothy has given me a present I am ill-used
by such an expression. As to the Major-Generalship, I thought
it unnecessary, while I was myself in the Island, and could take
the military command, but in my absence I judged a Major-General
very necessary, since my deputy was wholly without experience in
military affairs, and without conduct or activity to serve the King
and country. I therefore appointed Sir Timothy Thornhill as
the fittest person. Signed, Hi. Dutton. Holograph. 2 pp. En-
dorsed. Eecd. 6 May. Read 10 May 1686. [Col. Papers, Vol.
LVII., No. 68., and abstracted in Col. Entry Bk., Vol. VII., p.
370.]
May 10. 655. Journal of Lords of Trade and Plantations. Draft Com-
mission to the Governor of New England read and approved, with
a clause requiring him and the Council to continue the existing
taxes until he settle new ones. A further clause empowering the
Governor and Council to make laws.
The Commission of Colonel Dongau for New York ordered to
have two clauses added, conferring similar powers on the Governor
and Council.
Lord Howard of Effingham's letter of 10 February read (see No,
563). The Lords agreed to advise that the Assembly be dissolved,
that the Governor be empowered to appoint the Clerk of the Bur-
gesses in future, that Robert Beverley be declared incapable of
AMERICA AND WEST INDIES. 185
1686.
public employment, and that he be tried for altering the records of
the Assembly. Agreed also to advise the repeal of the Act of 1662
as to payment of quit-rents. [See also Col,. Entry Bk., Vol.
LXXXlil., pp. 102-103.]
Draft instructions from the Governor of Bermuda read; the
clause as to the magazine ships referred to the Lord Treasurer.
The Dutch Ambassador's memorial of 1st inst. as to the restitu-
tion of Tortola read (see No. 649). Agreed to refer the matter
to Sir William Stapleton on his return from France.
Letter to Colonel Molesworth approved and signed (see next
abstract).
Letter to Colonel Stede at Barbados approved and signed (see
No: 657).
Sir Richard Dutton's answer to the petition of John Daniel read,
and referred, together with the petition, to the Lieutenant-Governor
and Council of Barbados for enquiry and report. [Col. Entry Bk.,
Vol. CVIII., pp. 263-267.]
May 10. 656. Lords of Trade and Plantations to Lieutenant-Governor
Council Molesworth. We have received your letters of 16 and i7 January
Chamber. an( j jg February last (see Nos. 548, 549, 569). The King approves
of your care and prudent conduct in the matter of the difference
between the factors of the Assiento in Jamaica, and doubts not
that by continuance thereof the trade with the Spaniards for
negroes will be finally settled. Tour proposals as to the cotton
manufacture we shall lay before the King at the first opportunity.
Signed, Jeffreys, Craven, Rochester, Dartmouth, Middleton, J.
Ernie, Phi. Lloyd. [Col. Entry Bk., Vol. XXXI., p. 141.]
May 10. 657. Lords of Trade and Plantations to Lieutenant-Governor
Stede. The King approves your zeal for his service and the
loyalty of Barbados as shown in the style and provisions of the
Act for the governing of the convicted rebels transported to the
Island. Signed, Jeffreys, C. Rochester, Craven, Middleton, Dart-
mouth, J. Ernie. [Col. Entry Bk., Vol. VII., p. 369.]
May 10. 658. The same to the same. We refer to you herewith the
petition of John Daniel for examination and report (see No. 542).
Signed, Jeffreys, Albemarle, Bridge water, Rochester, Mulgrave,
Craven, Ormond, Huntingdon, N. Duresme, J. Ernie. [Col. Entry
Bk., Vol. VII., pp. 370-371.]
May 10. 659. William Blathwayt to Henry Guy. Asking the opinion
of the Commissioners of Customs as to the employment of a
magazine ship for the importation of tobacco from Bermuda.
[Col. Entry Bk., Vol. XVIII., p. 23.]
[May 10.] 660. Petition of Theophilus Hopkins to the King. Praying
for authority to compound for and receive the revenue called the
King's silver, or fines for alienations, which is not collected in the
Colonies. The revenue will amount to eight or ten thousand
pounds a year, and will be an advantage to the people as giving
them the best security in law at little charge, and being no
burden upon them. 1 p. Endorsed. Reed, and read 10 Mav 86
[Col. Papers, Vol. LVII., No. 69.] '
186 COLONIAL PAPERS.
1686.
May 10. 661. Instructions of Lieutenant-Governor Moleswortli to
Jamaica. Captain Charles Talbot, H.M.S. Falcon. You will go in company
frith H.M.S. Drake, to the easternmost end of Hispaniola, and
cruise thence northward to the Gulf of Samana, where there is a
convenience for careening ships, and where Banister, the pirate
may be expected to be found, and search all likely places for him,
destroying all pirates and obeying the King's orders as to inter-
lopers, but above all things you will try and catch Banister. If
you have no certain intelligence of Banister within five and forty
days, you may return off Port Morant, and await further orders.
Postscript. May 11. Information has just been received from
one who has been plundered by Banister. Supplementary orders
are added in the light of this information. Copy. 3 pp. Fn-
dorsed. Reed. 2 Sept. 1686. {Col. Papers, Vol. LVII., No. 70.]
May 11. 662. Instructions from the same to Captain Sprag of H.M.S.
Drake. If you should meet with Banister the Falcon will return
hither, but you will proceed to Margarita to claim a ship and
cargo wrongfully confiscated by the Governor. 1 p. Copy.
Endorsed as preceding. [Col. Papers, Vol. LVII., No. 71.]
[May 10.] 663. Affidavits taken in the Court respecting the ship
Bermuda. Bachelor's Adventure. Statements as to the condition of the ship
and the ill-treatment of the crew by the captain. 3 pp. En-
dorsed. Reed. 10 May 86. Addressed. " My dear, prithy de-
liver these to Mr. Thornell ; they are about the Court I held for
Smailes and Phillips. 3 pp. [Col. Papers, Vol. LVII., No. 72.]
May 10. 664. The Secretary of Virginia to [the Earl of Sunderland?].
Virginia. Has nothing to say but recalls himself to his Lordship, and sends
a present. Signed, Nicho. Spencer. Holograph. 2 pp. En-
dorsed. [Col. Papers, Vol. LVII., No. 73.]
May 10. 665. Patent granting the office of Escheator-General of the
Leeward Islands to William Tyack; with a minute, presenting
it, from Attorney-General Sawyer. Copy. 2 pp. [Col. Papers,
Vol. LVII., No. 74.]
May 11. 666. Minutes of Council of Maryland. Legal business.
Francis Jenkins and John Townsend joined to the Commission
for enquiring into the grievances of the Indians. Copy of the
Commission. [Col. Entry Bk., Vol. LIV., pp. 25-27.]
667. Lieutenant-Governor and Council of Barbados to Lords
of Trade and Plantations. Forwarding quarterly returns of the
Council's transactions and of imports. Signed, Edwyn Stede,
Fra. Bond, Robert Davers, Stephen Gascoigne, John Gibbes, John
Hallett, Henry Quintyne. [Col. Entry Bk., Vol. VII., pp. 380-
381.]
May 11 668. Minutes of Council of Barbados. A petition of Samuel
and 12. Hanson for the admission of an appeal to the King granted, and
copies of the action ordered to be made out. Five petitions for
rebate of duties considered. Order for various payments in com-
pensation for negroes executed. Colonel Peers granted leave of
AMERICA AND WEST INDIES.
187
May 12.
(Justom
House.
1686.
absence to go to England. Order as to repairs to Fontabelle
house. William Walley's commission* of Solicitor General annulled,
there being no occasion for such an office. Copy of the King's
instructions as to the wording of money-bills delivered to
the Assembly, who were at the same time warned that their time
was nearly expired, arid that they should think what it was
necessary to do for the country. On the request of the Assembly,
orders for payment of the Clerk and Marshal of Assembly, and
for hire of a Committee-room were passed. The Assembly brought
up a short Act to make the Lieutenant-Governor a present of
1,000. Copy of the Act. [Col. Entry BL, Vol. XI., pp. 683-
701.]
May 12. 669. Order of the King in Council. Referring the petition
Whitehall. O f Dame Ayliff Raynsford and William Stokes from a decree
given against them in the Court of Chancery of Barbados, to Lords
of Trade and Plantations for report. Signed, Phi. Lloyd. [Col.
Entry Bk., Vol. VII., pp. 372-373.]
670. Commissioners of Customs to the Lord Treasurer. On
the letter of the Irish Commissioners of Revenue of 22 April (see
No. 638) we report as follows : The burden laid by the revival
of the law on the Irish merchants is no more than they endured
for the nine years when it was first in force, and we are informed
by old officers of the Customs that before that Act there was
some restraint laid on Irish trade by Order in Council, which
certainly cannot have been so insupportable as is represented, or
have continued so long, considering that Parliament was con-
stantly sitting, which on due application would have repealed it.
As to the commutation of the Plantation-duty into a half-duty in
Ireland and the halfpenny per pound taken off tobacco imported
into Ireland from England, these were mere expedients due to the
want of the present law, and if the present law were dispensed
with the same remedies would be applied. But now there is no
need of them, nor is the long reckoning that they make thereon
to our present purpose. Again, notwithstanding the great hard-
ships of this law, the Irish will still be better off than the English.
In assuming that no tobacco is imported into Ireland but for con-
sumption therein, allowing that it pays threepence of regular duty
besides a supposed halfpenny as the cost of unloading in England,
the total is but threepence halfpenny a pound, whereas the English
pay fivepence a pound, some drawbacks for ready money and waste
excepted. We agree that now that the law is revived the half-
penny a pound on tobacco imported from England should be
abolished. As to the passage on the real point of contest, which
seems to reflect on our management, we shall take no notice there-
01, nor retort with the many frauds used by the Irish in counter-
feiting English certificates. When the laws are executed there will
be no contest who shall collect the halfpenny per pound on tobacco,
for it will be collected both by them and by us, and without
doubt to the increase of the revenue. The tobacco consumed in
Ireland will pay threepence instead of twopence halfpenny a pound,
and England will enjoy the benefit intended by the makers of the
188
COLONIAL PAPERS.
1686.
May 12.
Virginia.
May 12.
Whitehall.
law. The whole body of the Plantation laws is under the care
and control of the Commissioners of Customs, whose business it is
to correspond with the leading officials in England and the Colonies
for the maintenance of an uniform and efficient system. They
cannot do this duty nor be responsible for it, if so great and near
a kingdom as Ireland be freely let into the trade and suffered to
trade directly with the Colonies. Apart from any arguments of
ours, the merchants of London, Bristol, and other ports have many
others to advance. On the whole therefore we adhere to our
original opinion. Signed, Ch. Cheyne, N. Butler, J. Werden, J.
Buckworth, D. North, W. Dickinson, Tho. Chudleigh. Here
follows copy of Orders in Council of 6 and 22 March 1664-5,
referred to in the letter. [Col Entry BL, Vol. CXVII., pp. 213-
224.]
671. The Secretary of Virginia to [the Earl of Sunderland?].
I send the trial of Colonel George Talbot, which was managed
with all possible ease, circumspection, and fairness to that un-
fortunate gentleman (see No. 629). He remains now in the
custody of the High Sheriff for Gloucester County, Lord Howard
having deferred the execution of the sentence till the King's
pleasure be known. The trial lasted long, though the case was
so plain that it might have been shortened. What Talbot offered
for himself was chiefly by way of extenuation, and having heard
all the trial I cannot but be charitable enough to say that the
fatal stroke was dealt in the height of passion. All is quiet here.
I send you a brace of Virginia deer, buck and doe. Signed,
Nicho. Spencer. Holograph. 3 pp. Endorsed. [Col. Papers,
Vol. LVII., No. 75.]
672. Order of the King in Council. Referring a letter from
the Lord Lieutenant of Ireland of 16 March with its enclosures
(see No. 599) to Lords of Trade and Plantations for report.
Signed, Phi. Lloyd. [Col. Entry BL, Vol. XCVII., pp. 177,
178.}
May 14. 673. Petition of Thomas Bisse, senior, to the King. Praying
for reparation for damage done by the Spaniards in Tortola, either
in money or reprisal. Signed, Tho. Bisse. Appended is a com-
putation of the damage claimed, amounting to 3,977. lj p
Endorsed. Reed. 20 Sept. 86. [Col. Papers, Vol. LVII.,
76.]
o.
May 16. 674. Joseph Dudley and Edward Randolph to Lords of Trade
Boston. and Plantations. H.M.S. Rose arrived here on the 14th inst, with
the King's Commission and a copy of the judgment against the
late Company of Massachusetts. We are assembled to-day to sum-
mon the gentlemen named in the Commission, some of whom
live at a distance, for an early meeting, and shall report our
proceedings. Signed, Joseph Dudley, Ed. Randolph, Secy. 1 p.
Endorsed. [Col. Papers, Vol. LVII., No. 77.]
AMERICA AND WEST INDIES. 189
1686.
May 17. 675. Commissioners of Customs to Lords of Trade and Planta-
tions. We have enquired into the theft of negroes by Christopher
Potter (see No. 633), and on examining the mate of the vessel,
we learn that the two negroes asked for a passage to England,
and that the master left the ship at Milford, where she put in for
water, that one of the slaves found a master at Cardigan, and
that the other was left at Milford. Signed, N. Butler, D. North,
Jo. Werden, J. Buckworth, W. Dickinson, T. Chudleigh. l$pp.
Endorsed. Eecd. 20 May 86. [Col. Papers, Vol. LVII., No. 78.]
May 17. 676. Commissioners of Customs to Lords of Trade and Planta-
tions. As to Colonel Molesworth's proposals for the establish-
ment of a cotton manufacture in Jamaica (see No. 549), we beg
to report as follows. The grant of a monopoly for a term of
years will affect the trade of this kingdom as to the export of
manufactures to Jamaica. The more such manufactures are en-
couraged in the Colonies the less they will be dependent on
England. Moreover we have no knowledge how far the grant
of such a monopoly may be for the benefit of the trade and
inhabitants of Jamaica in general. But if the King be inclined
to grant it, we beg that some of the principal merchants trading
to Jamaica may first be consulted. We have nothing to object
to an Act for burying in cotton and imposing a duty on imported
cotton manufactures. Signed, J. Buckworth, W. Dickinson, T.
Chudleigh, D. North, J. Werden, N. Butler. Memo. This report
was approved by the Lords on June 3rd. 1| pp. [Col. Papers,
Vol. LVII., No. 79, and Col. Entry Bk., Vol. XXXI., pp. 142,
143.]
May 17. 677. Captain St. Loe to the Earl of Sunderland. I send this
Dartmouth to accompanv a deposition which I have made respecting a recent
at Nevis, cruise of H.M.S. Dartmouth, and other papers on the same sub-
ject. Signed, George St. Loe. Holograph. 1 p. Endorsed.
Eecd. 20 Sept. 86. [Col. Papers, Vol. LVII. No. 80.]
May 17. 678. The Deputy-Governor of the Leeward Islands to Lords
Kevia. of Trade and Plantations. I beg to report myself as Sir William
Stapleton's deputy, and to enclose papers giving an account of
H.M.S. Dartmouth's adventures with a Spanish pirate. Signed,
Ja. Russell. Memo, in Entry Book. The papers were laid before
the King at Windsor on the 25th of July 1686. Endorsed. Reed.
23 July 86. [Col. Papers, Vol. LVII., No. 81, and Col. Entry
Bk., Vol. XLVII., p. 198.] Enclosed,
678. i. Sir James Russell's instructions to Captain George St.
Loe, H.M.S. Dartmouth, to cruise after a Spanish pirate.
Copy, i p. Endorsed. Reed. 23 July 1686.
678. n. Duplicate of the foregoing. Same endorsement.
678. in. Depositions of Peter Battery. I was a passenger on a
sloop bound from Nevis to Anguilla on the llth instant.
When off St. Martin's we were hailed and stopped by
a vessel under French colours, which ordered myself
and others aboard her. Perceiving her to be a Spaniard,
I and three more took to the sloop's boat, being close
to land, and got on shore. The ship continued in
19 Q COLONIAL PAPERS.
chase of the sloop, came up with her and compelled her
to anchor. A boat came ashore and promised us security
if we would go on board again, but we refused. Another
Englishman presently joined us, who told us that the
ship had about one hundred and fifty Spanish mulattos
oil board and from twenty to thirty guns. Signed, P.
Battery. Sworn before Henry Carpenter, 19 April 1686.
3 pp. Endorsed as the preceding.
678. iv. Deposition of Thomas Arthur. Was with his sloop in
a bay of Tortola on 16 April, when a ship came in
which seemed to be a privateer. Got up anchor, when
the ship's boat gave chase followed by the ship, and
overhauling the sloop captured her. The sloop was
plundered and the deponent kept prisoner for some days,
when the sloop was restored to him, plundered as she
was, and he was bidden to go about his business.
Depositions of Richard Roach and others to same effect.
Sworn before Sir James Russell, 1 May 1686. 2 pp.
Endorsed as the foregoing.
678. v. Deposition of Captain George St. Loe of H.M.S. Dart-
mouth. I sailed on 19 April for St. Eustatia, where I
learned that the Spanish pirate was gone for Tortola.
Sailed thither and found that the pirate had plundered
the inhabitants three days before and sailed, it was
supposed, for Porto Rico. Searched the Virgin Isles,
and on 27 April arrived before St. Juan de Porto Rico.
Sent in the Lieutenant to enquire privately after the
pirate, but publicly to ask leave to wood and water.
The Governor, Don Jaques Martine, willingly granted
leave, sent a pilot to bring the ship in, and showed
great hospitality. Next day I sent ashore to ask satis-
faction for the damage done by the pirate, which the
Governor refused, saying that he knew nothing of the
pirates, but would hang them all. We were directed
where to get water, and when we arrived, were at first
complimented, but directly afterwards a large force came
out of the gate, seized the boat, my lieutenant, and his
men, and hurried them before the Governor. At the
same time came a message from the Governor to me to
go ashore and show my commission. I replied that if
the Governor had anything to say to me he was very
welcome aboard, but that I should not budge from the
ship, nor wait longer than I thought proper. Mean-
while the lieutenant and his men were examined, the
Governor saying that he would treat them as pirates
unless he saw the lieutenant's commission. This was
sent to him, and also my orders from Nevis, when he
ordered them to be discharged but detained their goods,
which I had sent ashore to them privately. The
Governor then ordered me to sail at once to the port
of St. Justas, but this I positively refused to do, and
told him that unless the goods he had seized from my
men were restored I should sail and require satisfac-
AMERICA AND WEST INDIES. 191
1686.
tion for the damage lie had done me at another place.
I sent two gentlemen ashore to wait on him for his
answer, whom he treated very civilly, but asked me not
to sail till the morning, as he wished me to carry some
letters for him, and gave orders that the goods should
be restored and that we should have wood and water.
In the evening I sent ashore for his letters, when there
came to me a boat with a letter ordering me positively
to take the ship to Port St. Justas or his guns should
force me, adding that if we could not sail up we must
warp up. Seeing that he had raised the whole country
and trained his guns on the ship, at seven in the even-
ing I cut my cable and made sail. The forts at once
opened fire, which I returned until we were out of range.
There were one hundred and fifty guns bearing on the
ship, several batteries to pass, the shore lined with small
shot, and the channel so narrow that we were forced
to go within pistol shot. Two of my men were killed
and two more wounded ; the ship had several shots right
through her, fifty shot through her foresail, and most
of her running rigging shot away. We were two hours
before we got out of range. I learned however that the
pirate that I sought was fitted out at San Juan de Porto
Rico. Signed, G. St. Loe. Sworn before me, 10 May
1686. Signed, Ja. Russell. Three closely written pages.
Endorsed as the preceding.
678. yi. Deposition of Lieutenant Ignatius Usher of H.M.S.
Dartmouth. Confirming the preceding deposition.
Signed, I. Usher. Sworn and endorsed as the foregoing.
lj PP-
i. Le
678. vn. Letter from the Governor of Porto Rico to Captain
St. Loe, respecting permission to wood and water.
Original.. Spanish. 1 p. Dated, 8 May [29 April].
1 p. Endorsed. Reed. 20 Sept. 1686.
678. vin. A second letter from the same to the same. 1 p.
Dated, 9 May [30 April]. Spanish. Same endorse-
ment.
678. ix. Deposition of Thomas Bisse, senior, Deputy-Governor
of Tortola and the Virgin Islands. I was away from
Tortola and had deputed my son to act in my stead,
when I heard that a Spanish pirate was cruising among
the Virgin Islands, designing to rob the inhabitants
of negroes. I therefore embarked in H.M.S. Dartmouth
for Tortola, and found myself and the rest of the in-
habitants robbed and ruined. At San Juan de Porto
Rico I demanded satisfaction of the Governor, but he
professed to know nothing of the ship, though he
promised to seize her if she came in. Several of the
inhabitants however told us that she was fitted out in
the port and was daily expected. Here follows confirma-
tion of depositions in Nos. V. and VI., with the follow-
ing details of the action.. As soon as our cables were
cut and sails set, we were about before the wind, which
192 COLONIAL PAPERS.
1686.
was light. We were not above pistol-shot distance
from their cannon, which played upon us immediately,
together with volleys of small shot. I judge we had
sixty great shot fired at us before we discharged a gun,
but when we began we followed it close " with drums,
shouts and holloas/' till we were out of range. It is
surprising that our loss was not greater. Signed, Tho.
Bisse. Sworn before Sir James Russell. 17 May 1686.
3 closely written pages. Endorsed. Reed. 23 July 86.
678. x. Deposition of Thomas Bisse, junior. On 14 April fifty
armed men from a Spanish ship landed in Tortola, beset
my father's house and plundered it of everything. They
stripped me and bound me, and carried me to a neigh-
bouring plantation, where they took all the negroes they
could find, went thence to another plantation where
they ., did likewise, and finally finding no negroes
barbarously beat and abused me. They then carried me
on board their ship, where they kept me three days,
constantly threatening me, and threw a sixteen-pound
lead at me which struck me in the back, from which I
doubt if I shall ever recover. They also tortured
another inhabitant of Tortola. One of the pri-
soners discovered that they had determined to
murder all the English and Dutch on the Island,
the ringleader being an English doctor, who
had formerly belonged to Captain John Beare. Signed,
Thomas Bisse, junior. Sworn and endvrssd as the fore-
going. 11 pp.
678. xi. Deposition of Manuel Brun as to the proceedings in
Porto Rico. Taken and attested. 2 May 1686. Dutch.
3 pp.
678. xn. Deposition of Daniel Mooy as to the same. Taken and
attested. 3 May 1686. Dutch. 3 pp.
678. xin. Deposition of Adrian Sorgeloos. Dutch. 3% pp. 18
May. [Col. Papers, Vol. LVII., Nos. 81 i.-xni.]
^ -Q 679. Lieutenant-Governor Stede to Lords of Trade and Planta-
Baffd *i ns< " keg your intercession with the King that I may be
allowed to receive the thousand pounds lately given me by the
Council and Assembly here, which was voluntarily voted without
the least motion or application from me, for my maintenance in
this very expensive place. Apart from the ordinary expenses of
the Government, I have deemed it my duty to stimulate loyalty
by observing the days of the King's birth, accession, coronation,
restoration, and all such days with the greatest splendour and
magnificence that this place could afford. The King's proclama-
tion was done at my charge, though Sir Richard Dutton, who was
then Governor, never provided so much as a glass of wine for the
people who came from all parts to drink the King's health. It is
not to lessen Sir Richard nor to magnify myself that I mention
this, for want of .conduits, I made the streets run with wine at
my expense, nor do I claim merit for any such service. I simply
explain the cause why the country has given me this present.
AMERICA AND WEST INDIES. 193
1686.
The Assembly indeed would not have given it were it not that its
year of existence is expiring, which is the time when they generally
make such presents. I communicated the Royal instructions as
to presents both to the Council and Assembly, and shall not touch
a farthing of the money until I receive permission. If it be
granted I hope that it will not entail any diminution of the salary
granted to me by the King. I beg for a warrant for payment of
my year's salary due in July next, which I hope may be as much
as was allowed to Sir Richard Button, my expenses being greater
than his. I have made great progress in repairing the forts and
settling the militia. I send a list of the fourth and last parcel of
convict rebels, with their masters. God be thanked we are now
in a healthy condition. I hope that the sugar crop will greatly
increase the revenue of the four and a half per cent. duty. Holo-
graph. Signed, Edwyn Stede. 4 pp. Annexed,
679. i. Address of the Assembly to the Lieutenant-Governor,
with an Act for granting him a present of 1,000. Read
and passed the Council 11 May 1686. 1 p. [Col.
Papers, Vol. LVII., Nos. 82, 82 i.]
May 20. 680. Journal of Lords of Trade and Plantations. Petition of
Ayliff Rainsford and William Stokes appealing from a decree
in the Court of Chancery of Barbados read. The appeal ordered
to be heard on the first Tuesday in November.
Report of the Commissioners of Customs as to the slaves alleged
to have been stolen by Christopher Potter (see No. 674).
Petition of Theophilus Hopkins respecting the King's silver
read. Agreed to address a circular to the Governors of the Colonies
asking their views thereon (see No. 660).
Petition of Charles Henderson read (see No. 604). The
Governor of Antigua to enquire and report*
Petition of Robert Wright and Francis Pew read (see next
abstract). A copy to be sent to Sir Edmund Andros for his report.
Colonel Dongan's instructions read. A clause to be added repeal-
ing the charter granted to the city of New York by the late
Assembly. Existing duties and impositions however to be con-
tinued by the authority of the Governor and Council. The King
to be asked whether Colonel Dongan's present salary of 400
per annum shall be increased. The instruction as to books of
homilies, &c., to be confined to the orthodox churches.
A clause to be added to Sir Edmund Andres's commission, em-
powering him to continue any existing taxes in New England until
he can report what further taxes can be imposed. All instruc-
tions as to the Church in New England to be omitted until Sir
Edmund shall have reported as to the state of the Church there.
Memorandum of documents sent and received. [Col. Entry
BL, Vol. CVIII., p. 268-273.]
[May 20.] 681. Petition of Robert Wright and Francis Pew to Lords
of Trade and Plantations. On our appeal against a judgment
given against us in the Court of New York, you ordered us to
state our exceptions thereto, on which a commission should be
issued to the Governor of New York to enquire into the fact. As
Sir Edmund Andros is in England, we beg you to summon him
1. M
19 4 COLONIAL PAPERS.
1686.
to give information on the subject and save us the expense of a
commission. 1 p. Endorsed. Read 20 May 86. [Col. Papers,
Vol. LVII., No. 83.]
682. Copy of the foregoing, slightly abridged, as presented to
Sir Edmund Andros. 1 p. [Col Papers, Vol. LVII., No. 84.]
[May 20.] 683. Petition of Sir Richard Button to Lords of Trade and
Plantations. I learn that my answer to John Daniels' petition is
to be referred to Lieutenant-Governor Stede for report. Great
animosities have arisen in the Island over the late contention,
so that I am likely to be at a disadvantage in verifying Mr. Stede's
answer. I beg that the enquiry may be put off until the arrival
of the now Governor, who, I understand, is about to be appointed
to Barbados. 1 p. Inscribed. Reed. 19 May. Read 20 May.
[Col. Papers, Vol. LVII., No. 85.]
May 20. 684. Memorandum of Lords of Trade and Plantations. On
Whitehall, the, petition of Sir R. Button (see preceding abstract), the Lords
think his request reasonable, and will order that Sir Richard
Button's witnesses, as well as all others, shall be admitted to give
evidence. Draft \ p. [Col. Papers, Vol. LVII., No. 86.]
May 20. 685. [William Blathwayt?] to Sir Richard Button. Con-
Whitehall, veying the sense of the above memorandum. Draft with correc-
tions, i p. [Col. Papers, Vol. LVII., No. 87.]
May 20. 686. Lords of Trade and Plantations to Lieutenant-Governor
Stede. On the application of Sir Richard Button, we signify to
you that such persons as he may appoint shall have liberty to
produce witnesses and depositions in the matter of the complaint
of John Baniel. Signed, Jeffreys, Rochester, Sunderland,
Ormonde, Mulgrave, Huntingdon, Berkeley, Preston, N. Buresm,
J. Ernie, Edw. Herbert. [Col. Entry BTe., Vol. VII., pp. 379-
380.]
May 20. 687. Clerk of Assembly of Barbados to William Blathwayt.
Forwarding the journals of Assembly. Signed, Ri. Cartwright.
[Col. Entry BL, Vol. VII., p. 380.]
May 20. 688. Lords of Trade and Plantations to the Governor of the
Leeward Islands. Enclosing the petition of Charles Henderson
for enquiry and report (see No. 604). Signed, Jeffreys, Rochester,
Sunderland, Ormonde, Mulgrave, Huntingdon, Berkeley, Preston,
Melfort, IS. Buresm. Memo. Sir William Stapleton being in
France a letter was sent to him there. [Col. Entry Bk., Vol.
XLVII., pp. 199-200.]
May 20. 689. Lieutenant-Governor Stede to Lords of Trade and Planta-
Barbados. tions. Renewing request for permission to accept a present from
the Assembly (see No. 679). Holograph. 1 pp. Endorsed.
Head 16 Aug. 1686. [Col. Papers, Vol. LVII., No. 88, and Col.
Entry Bk., Vol. VII., p. 381.]
AMERICA AND WEST INDIES. 195
1686.
May 20. 690. Governor Dongan to Father Lamberville. I have re-
Albany, ceived yours of 10th inst. from the Onandages, and rejoice to hear
that you are in good health. You may depend on my good offices
and protection from the danger which you apprehend from them.
I am sorry that our Indians are so troublesome to the Indians of
Canada, but I am told by Christians that according to Indian
custom a conquered land is the conqueror's own. I lay no stress
on that, but I am still in doubt whether the country where the
Indians go to war belongs to the English or to the French King.
If I am rightly informed it is dependent on the English King's
territory, as it lies west and south of this place," whereas your
countries are to northward of us. But that is no material reason
for the Indians to disturb the people of Canada, and I shall do
my best that they shall disturb them no more, but leave the matter,
as I leave all differences between us and the people of Canada,
to my master at home. I am sure that Mons. Denonville will do
likewise. I have not spoken to the Indians yet, and your
messenger being in haste cannot tell me what they say for them-
selves, but if a right understanding between this Government
and that of Canada is to be attained, let the Governor of Canada
send to me if any French subjects be disturbed by the Indians,
and I will do all justice possible to me, and let him do likewise
for me if I send to him. Thus a good correspondence between the
two Governments will be maintained. I hear they pretend that
they are afraid of the French, but I hope Mons. Denonville will
think well before he invades any of the King of England's sub-
jects. I have no time to write to him, but assure him that I will
write before I go. I have no other object here in sending for the
Indians than to check them from attempting to disturb Canada.
Signed, Tho. Dongan. I pray you to pray God for me. 2 pp.
Endorsed. [Col. Papers, Vol. LVII., No. 89.]
May 21. 691. Minutes of Council of Maryland. Edward Dennis made
Coroner of Calvert County. [Col. Entry Bk., Vol. LIV., p. 27.]
May 21. 692. Minutes of Council and Assembly of St. Christopher's.
The Council proposed that in future ships trading to the Island
be compelled to carry but one pound of powder per ton. The
Assembly concurred. [Col. Entry Bk., Vol. XLVIII., p. 55.]
May 22. 693. Governor Dongan to Monsieur de Denonville. I have
Albany. ge nt for the five Indian nations subject to this Government to
order them not to go to the side of the Great Lakes, nor disturb
the Indians and traders ; but since my arrival here I am informed
that our Indians are apprehensive of war, owing to your putting
stores into Cadaraqui and ordering some forces to meet there. I
know you are a man of judgment and will not attack the King
of England's subjects, for I learn that the Indians, with whom
our Indians are at war, are to west and south-west of the Great
Lakes. If so you cannot in reason have any pretence to them.
It is my intention to forbid our Indians to war with the far
Indians, but whether they do so or not it does not seem reasonable
that you should engage yourself in their quarrel between Indians
whom we lay claim to, and our own Indians. Whether those
' M 2
196 COLONIAL PAPERS.
1686.
territories belong to us or to the French. King must be decided
by our masters at home, and your business and mine is to take
maps of the country as well as we can, and to send them home for
the limits to be adjusted there. I am also informed that you
design to build a fort at a place called Ohniagero [Niagara] on
this side of the lake, without question within my master's terri-
tories. I cannot believe that one of your reputation would follow
the steps of Mons. de la Barre and be so ill-advised as, at the
instigation of interested persons in Canada, to create disturbances
between our masters' subjects in that part of the world for the
sake of a little peltry, when all differences could be ended by
an amicable correspondence between us. I assure you it shall not
be my fault, though we have suffered much and daily suffer by
your people's trading within our King's territory. I have had
two letters from the two fathers that live among our Indians,
and find them somewhat disturbed by apprehensions of war, which
are groundless, for I am determined that it shall not be begun
here, and I hope you will equally prevent it on your side and
refer all differences home as I shall do. I hear that one of the
fathers is gone to you. I have sent to the other to come here,
lest the Indians should insult over him, though it is a thousand
pities that those who have made such progress in the service of
God should be disturbed, and that by the fault of those who laid
the foundations of Christianity among those barbarous people.
P.S. The rumour of your coming to Cadaraqui has prevented me
from sending a gentleman to congratulate you on your arrival
in your Government, so am obliged to entrust this letter to the
father. Copy. 1 pp. Endorsed. From Colonel Dongan. [Col.
Papers, Vol. LVII., No. 90.]
May 26. 694. Mons. Denonville to Governor Dongan. I have received
June 5. your letter of 13 October last. I remember you when you were
Montreal, serving in the French Army, which is a reason above the friend-
ship of our masters for cordial understanding between us. I do
not know for what reason you are displeased with Mons. de la
Barre, but I shall not fail in all civility to you. As to the be-
haviour of Mons. de la Barre, which you think might cause ill-
feeling between the two Crowns, I understand you to refer
to his broil with the Sonnontouans. I think you know enough
of these people to see that it is not easy to preserve a good under-
standing with folks who have neither religion, honour, nor dis-
cipline. Mons. de la Barre has several grounds of complaint
against them, and their recent conduct has been no better. They
have violated their word by the outrages they have committed
on the Outaouacs this winter, perfidiously, and in violation of all
good faith. I ask you what can be expected from these people
after this? The King my master's attachment to this country
is due solely to his zeal for the establishment of religion and the
support and protection of the missionaries, whose zeal for preach-
ing the Gospel has condemned them to brutality and persecution
from the most savage tribes. You know better than I what they
have borne, the tortures that they have suffered, and the fatigues
that they undergo daily for the name of Jesus Christ. I know that
AMERICA AND WEST INDIES. 197
1686.
your heart is filled with the glory of that Name. Shall we be so
miserable as to refuse them the protection of our masters and to
support them and contribute our small help towards the winning
of poor souls to Christ? You cannot but lament that far from
helping these apostles of the Gospel, we make war against them
if we give their enemies opportunity to hinder the work of con-
version. Hitherto the avarice of traders has made war on the
Gospel by furnishing the tribes with arms to make war against us
anu with drink to make them mad. You are a gentleman
of merit who love religion. Cannot you and I come to an under-
standing for the maintenance of our missionaries, keeping these
savage tribes in awe and respect, which is the only means of
making them receive the Gospel? Must it be that the avarice of
our traders shall furnish them with arms to destroy their brothers
and their own country? See what the Iroquois have done to the
poor people of Virginia and Maryland. I cannot understand how
a Christian's heart can be so hardened as to see dry-eyed that they
are the destroyers of their brothers and countrymen. My trust
in your piety has made me open my heart to you. I have done
so the more joyfully since you have given me ground for hope
that you would have us imitate the close bond of friendship
of our master for the re-establishment of the royal authority in
England, and the reviving therein of the Gospel in its ancient
glory. If my thoughts touch you never so little, communicate
yours to Father Lamberville, who is with the Onontaguez. He
will let me know what you wish to tell me. God grant that the
frankness with which I have written to you may be of profit to
you in helping you to gather all your savages within the fold of
the Church. I know how much the King has the work at heart.
He told me, when I took my leave, that this was the only thing
that made him love this wild country.
I am much obliged to you for the news of the punishment of
the Duke of Monmouth. Who would have thought that poor un-
happy prince capable of such conduct after the favours lavished
on him by the late King at the siege of Maestricht.. I did not
conceive him to have so disloyal a heart. I assure you of my
good wishes for the prosperity of your King. Every Frenchman
must love and honour him, especially those who had the honour
to see him when serving with an army None of his own sub-
jects can wish him better nor respect him more than I. I hear
that several of the riff-raff of this Colony, in the hope of getting
furs from the Indians, have spread lies and falsehood among them,
with the object of gaining their confidence. I remark that the
Indians are restless and alarmed for no apparent reason, and 1
thought it right to warn and inform you that several of those
rascals have entered your territory. You will distrust them, as
much as I, for they are incapable of anything but mischief and
they will make mischief for you sooner or later. I wish you
would consent to work with me for the expulsion of these rogues.
I am ready for my part to find out and compel to stay all that
are on their way to your Colony without your leave. One of your
officers asks me for two negro slaves, who have deserted him
and, as he thinks, have come here, I have caused search to
198 COLONIAL PAPERS.
1686.
be made but cannot find them; if discovered they shall be sent
back in irons, and I hope that you will repay me in kind. I know
that some of our soldiers that have deserted are with you. I think
our masters would be pleased if you would return them, and if
an understanding was made between us on the subject. Signed,
Le M. de Denonville. French. 3 pp. Endorsed. Reed, from
Colonel Dongan. [Col. Papers, Vol. LVII., No, 91.]
May 26. 695. Minutes of Council of Maryland. Legal business.
Order for the soldiers at Christina port to be continued and
paid as heretofore ; the captain of the port and his four men
to be allowed 400 Ibs. of meat and four barrels of corn per annum.
Order for the officer in command to report any encroachment on
Maryland in that quarter immediately. Legal business. [Col.
Entry BL, Vol. LIV., pp. 27-29.]
May 27. 696. Edward Randolph to the Governor and Company of Con-
Boston, necticut. I am heartily glad for your sake of my safe arrival here.
Mr. Dudley and his Council entered on their government on the
25th inst. with the general consent and applause of the people.
I have a quo warranto against your Government and Rhode
Island. The King intends to bring all New England under one
Government, and nothing now remains for you but to think
of a dutiful resignation of your charter. If you try to defend it
at law you will find that you are contending for a shadow, and
you will lose all your territory from Connecticut to New York
and find it annexed to New York. Nothing will save you and
New England from such a calamity but timely submission, with
an annexed petition asking for liberty of conscience and con-
tinuation of your present lands to you, and such other favours
as your wants dictate to you. A court is ordered to be erected in
Narragansett to assert the King's authority and to check further
incursions of the Rhode Islanders. I do not expect that you will
trouble me to enter your territory as a herald to announce war.
My friendship for you inclines me to suggest to you an accom-
modation, and I therefore ask you to let me know if you will
favour yourselves so far as to come to me to Boston, where you
will be witnesses of our peace, and find the King's Government not
such a scarecrow as to frighten men out of their estates and
liberty rather than persuade them to submit and be happy. We
expect ships to sail from hence to England within a month, and
your intentions must therefore be fulfilled within that time. Now
if besides yourselves and some of the Council in and about Hart-
ford, your Governor, Deputy-Governor, and Major Gold will
vouchsafe to come as far as Mr. Richard Smith's in Narragansett
and apprise me of the time appointed, I question not but that you
will be able to confer with some of the principal gentlemen of this
Government. Bless not yourselves by vain expectation of ad-
vantage and spinning out of time by my delay. I will engage
that though the weather be warm the writs will keep sound and
good as when first landed. My care for you has made my letter
unduly long. I beg you to appoint a speedy day that I may
communicate to you what is not fit to write. Mr. Blathwayt is
AMERICA AND WEST INDIES.
199
May 28.
Hampton
Court.
1086.
much your friend. Signed, E. Randolph. Copy. One closely
written page. Endorsed. Reed. 9 May 87, from Colonel Dongan.
[Col. Papers, Vol. LVII., No. 92.]
697. Memorandum of Council. That on this day were sent
to the Duke of Albemarle the two circular letters ordering the
publication of the Royal Declaration of Indulgence, and of the
proclamation for the suppression of pirates. The former letter
was signed Jeffreys C., Sunderland P., He. Arundel, C. P. S.
Powis, Bath, Preston. The second was signed in addition by
Albemarle, Fauconberg, Huntingdon, Mulgrave, Dartmouth.
[Col. Entry Bk., Vol. XXXI., p. 297.]
698. Order of the King in Council. Report of Lords of
Trade and Plantations. Recommending that the appeal of
Ayliff Rainsford and William Stokes be admitted. Dated, 20
May. Ordered accordingly. The appeal to be heard in Novem-
ber and the Governor of Barbados to furnish the necessary docu-
ments. [Col. Entry Bk., Vol. VII., pp. 373-374.]
May 31. 699. Earl of Sunderland to Lords of Trade and Plantations.
Reporting that the King has appointed the Duke of Albemarle
to be Governor of Jamaica. Signed, Sunderland, P. ^ p. En-
dorsed. Presented 3 June 1686. [Col. Papers, Vol. LVII., No.
93, and Col. Entry Bk., Vol. XXXI., p. 220.]
May 31. 700. Return of the members elected to the Assembly of
Jamaica :
~| Samuel Bernard
St. Catherine's >
May 28.
Whitehall.
St. Thomas
St. David's
Port Royal
St. Andrew's
St. Thomas in the Vale
St. Dorothy's j
Clarendon
Vere
St. Elizabeth's
St. James's
[Col. Papers, Vol. LVII., No. 94.}
Thos. Ballard, jun.
William Bragg
Richard Risby
Edward Stanton
Simon Musgrave
James Lobley
Thomas Ryves
Daniel Hickes
Anthony Stoddard
John Parnaby
Thomas Clarke
George Nedham
Fulke Rose
John Bonner
Matthew Crew
John Peeke
Thomas Sutton
Robert Varney
Robert Smart
Julius Herring
Richard Witter
Thomas Clarke
James Davis
200
COLONIAL PAPERS.
1686.
May 31. 701. Minutes of Council of Jamaica. Return of the members
elected to the Assembly, and list of them. Order for payment of
three months' salary to the Lieutenant-Governor. [Col. Entry
Bk., Vol. XXXVI., pp. 109-110, and p. 113.]
June 1. 702. The President and Council of New England to Lords of
Boston. Trade and Plantations. We met at Boston on 25 May, when
Joseph Dudley, having been first sworn President, administered the
oaths to fourteen members of the Council. Our first duty was to
issue a proclamation continuing all constables and Justices of the
Peace in their posts. We then committed the militia to trustworthy
persons, most of them Councillors, and put the castle of Boston
under the command of Captain Wait Winthrop. We find the
Government laden with debts and no money to be found, and we
are examining the accounts of the Treasury under the late Govern-
ment. We are providing for the enforcement of the Acts of Trade
and Navigation. There is no direction for supply of members of
Council except in case of death ; we beg that provision may be
made to meet cases of absence through sickness and other cause,
lest we sometimes fail of a quorum. Mr. Robert Ratcliffe will be
duly encouraged by us as you request. This letter will be presented
by Mr. Mason, one of our number. Signed, Joseph Dudley,
William Stoughton, Robert Mason, J. Winthrop, Ed. Randolph,
Secy., Jno. Usher, Ed. Tyng, John Pyncheon, Pet. Bulkeley, Rd.
Wharton, Jonathan Tyng. 1 pp. Enclosed,
702. I. Edward Rawson to the President and Council of Massa-
chusetts. We have perused the copy of the King's
Commission that you sent to us, on which we observe.
1. That there is no fixed rule for free administration of
justice, which seems far too arbitrary. 2. That subjects
are abridged of their liberty in respect of legislation and
taxation, there being no mention of an Assembly in the
Commission. We think therefore that it highly con-
cerns you to consider whether such a Commission be
Bafe either for you or for us. If you are satisfied
with it, we, though we cannot assent thereto, shall
demean ourselves as true and loyal subjects. Signed,
By order Edward Rawson. Certified copy* 1 p. In-
scribed. A scandalous paper made public in New Eng-
land.
702. II. Proclamation of the President's Council for continuance
of constables and Justices of the Peace in their posts.
Dated, 25 May 1686. Printed sheet.
702. m. Proclamation appointing Richard Smith, Jamea
Pendleton, and James Fownes to be Justices of the
Peace for the care of the Narragansett Country, and
Richard Smith to be Sergeant-Major in command of ths
militia, pending further arrangements. Dated, 28 May
1686. Printed sheet.
702. rv. Proclamation for the orderly solemnisation of marriages,
Dated, 29 May 1686. Printed sheet.
AMERICA AND WEST INDIES. 201
1686.
The whole endorsed. Heed, and Bead 23 July. Presented at
Windsor, 26 July 1686. [Col. Papers, Vol. LVII., Nos. 95, 95
i.-rv., and (without enclosures) Col. Entry Bk., Vol. LXI., pp. 299-
301.]
June 1. 703, Lieutenant-Governor Moleswprth's speech to the
Assembly of Jamaica. I have summoned you to advise how to
secure ourselves and estates against the barbarous treachery of our
slaves, to keep them in order and to dissuade others from joining
such as are rebellious. You know the expense to wnich we have
been put, the mischiefs that have been committed on divers poor
families, and our efforts to suppress the rebels under the dis-
advantages of no money and a crippled power over the militia. I
particularly recommend to you the repayment of the money
borrowed for those occasions, and a reward to the services of the
poor men who were called out to serve without any pay or any
consideration other than you may choose to give them. I ask
you to pay the little scores the parties have run into to the poorer
sort of planters for provisions, and to confirm the rewards promised
by the Council, to enlarge the officers' power over the militia, and
to provide a certain fund to meet such emergencies in future.
The Receiver-General's accounts will be laid before you to show
you the true state of the revenue, and the captain of the forts
will, if required, report to you as to the stores of ammunition.
I have also to propose to you an Act for ascertaining the servitude
of the rebels transported from England, and an amendment to
the Act for governing the slaves, lour solicitors will also need
money. I know there are those who would create divisions among
us ; but you have known me twenty years ; I am one of you, and
I can have no design harmful to the Island in anything that I
propose to you. Copy. 2% pp. Endorsed. The Governor's
speech to the Assembly the pmo. June 1686. [Col. Pavers, Vol.
LVII., No. 96.]
June 1. 704. The speech of the Speaker of the Assembly of Jamaica
to Lieutenant-Governor Molesworth. An expression of loyalty to
the King and friendliness to the Lieutenant-Governor, with the
usual claim of the Assembly's privileges. Copy. 1 p. [Col.
Papers, Vol. LVII., No. 96A.]
June 1. 705. Minutes of Council of Jamaica. The Lieutenant-
Governor's speech to the Assembly and the Speaker's reply, con-
taining special profession of loyalty to the King. Sir Francis
Watson sworn of the Council. The Assembly sworn; and Mr.
Samuel Bernard approved as Speaker.
June 2. Charles Bourchier sworn as Clerk of the Assembly. Message
of the Assembly in reply to the Lieutenant-Governor's speech. A
new writ issued for the parish of St. James.
June 3. Message of the Assembly that it had appointed a committee to
enquire into the negro rebellion, and asking for information.
202 COLONIAL PAPERS.
1686. .
June 4. On the request of the Assembly a joint committee was appointed
to inspect the fortifications. [Col. Entry Bk., Vol. XXXVI., pp.
111-112 and 113a-115.]
June 3. 706. Journal of Lords of Trade and Plantations. Lord
Sunderland's letter read reporting the appointment of the Duke
of Albemarle to be Governor of Jamaica, Draft Commission and
instructions ordered to be prepared to bear date immediately from
the death of Sir Philip Howard. Report of the Commissioners
of Customs on the proposed cotton manufacture read (see No. 676).
Colonel Molesworth's letter to Mr. Blathwayt of 4 March read
(see No. 591). Agreed to move the King to pardon the Spanish
pirate captain ; and also to pardon Charles Hudson, condemned
for the use of treasonable words, [see Col. Entry Bk., Vol. XXXI.,
pp. 155, 156, and 175, 176.]
An abstract of Colonel Cony's letter of 1 April read (see No.
617). Agreed to recommend that in the confused state of
Bermuda Sir Edmund Andros be sent thither on his way to New
England with special powers to examine disputes and settle the
Government. The complaint of James Smailes (see No. 662) to
be referred to him.
Draft instructions to Sir Edmund Andros read. The question
of his salary referred to the King, with a recommendation that
it be paid for the present in England. An instruction to be given
to him to appoint churches in New England and report from
time to time respecting them.
Report of Commissioners of Customs upon the addresses of
Virginia and Barbados as to the new duty on sugar and
tobacco. The Lords agree that no alteration should be
made until they have tried for at least a year. [Col. Entry Bk.,
Vol. CVIII., pp. 274-279.]
June 3. 707. Lords of Trade and Plantations to Governor and Council
of New York. Ordering transmission of journals and quarterly
returns of transactions and of trade. Signed, Jeffreys, Albemarle,
Rochester, Craven, J. Ernie, Tho. Chicheley. [Col. Entry Bk.,
Vol. LXVIII., pp. 132-134.]
June 3. 708. Report of Lords of Trade and Plantations to the King.
Recommending that Sir Edmund Andros be sent to Bermuda on
his way to New England with powers under the great seal to
settle all differences. [Col. Entry Bk., Vol. XVIII., p. 1.]
[June 3.] 709. Petition of James Smailes, master of the ship Bachelor's
Adventure, to Lords of Trade and Plantations. I was driven
into Bermuda by stress of weather, though bound to Carolina.
At Bermuda, Richard Phillips, a passenger, asked to have his
goods unladen, though he was indebted to me for his passage, and
though the goods could not be got at without unloading most of
the cargo. The Governor, however, being Phillips' friend,
without further consideration committed me to prison. A week
after I was brought up to the Sessions House to answer a charge
of defamation brought by one John England, master of a small
vessel, who laid his damages at ,1,000. Judgment was given
AMERICA AND WEST INDIES.
203
1686.
against me by some irregularity, and also in another case brought
by the same Phillips, for which the vessel and cargo were seized
and I was kept in prison for several weeks. When I was released
the Governor employed two pirates, Sharpe and Conway, to pre-
vail with me to take my ship again and give the Governor a dis-
charge, and on my refusal I was committed to prison in a dungeon,
loaded with irons and nearly starved. I beg relief. Large sheet.
Endorsed. Reed. 3 June 86. [Col. Papers, Vol. LVII., No. 97.]
June 3. 710. Commission to Sir Edmund Andros to be Governor of
New England. The Governor is empowered to impose taxation
by the advice of the Council only. Liberty of conscience is allowed.
Marriages performed by magistrates are confirmed. [Col. Entry
Bk., Vol. LXI., pp. 270-281.]
[June.] 711. Commission to Sir E. Andros to be Vice-Admiral of New
England. Latin. Undated. [Col. Entry Bk., Vol. LXI., pp.
316-317.]
June 3.
June 3.
Boston.
June 4.
June 6.
Windsor.
June 6.
Port Royal.
June 8.
Jamaica.
712. Memorandum of Lords of Trade and Plantations. To
move the King for the payment of a salary to Sir Edmund Andros
from the Treasury in England until a sufficient revenue be settled
in the Colony. The amount was fixed by the King on 7 June
at 1,200 a year. [Col. Entry Bk., Vol. LXI., pp. 281-282.]
713. Order of the President and Council of New England for
the printing of the President's speech to the Assembly at Boston.
Copy of the speeches delivered on May 17th and May 25th, com-
mending the new form of government. The whole 3 printed
pages. Endorsed. Reed. 5 Aug. 86. [Col. Papers, Vol. LVII.,
No. 98.]
714. Report of the Committee of Assembly on the state of
the forts in Jamaica. The forts are in so good a condition that
they cannot be improved without making them new. The num-
ber of guns and stores is enclosed (see No. 716). Signed, Cha.
Modyford. [Col. Entry Bk., Vol. XXXI., p. 168.]
715. Order of the King in Council. That in consequence of
the confusion of the Government of Bermuda, Sir Edmund Andros
do go thither with full powers to hear all complaints and settle
all differences, and that his Commission and instructions be pre-
pared as soon as possible. ^ p. [Col. Papers, Vol. LVII., No.
99, and Col. Entry Bk., Vol. XVIII., p. 2.]
716. An account of the ammunition, small arms, and military
stores in the Fort Jamaica. Fort Charles, 38 guns mounted, Fort
James 26 guns mounted, Fort Carlisle 14 guns mounted, Fort
Morgan 16 guns mounted, Fort Rupert 22 guns mounted. Total,
11G guns. 1| pp. Endorsed. [Col. Papers, Vol. LVII., No.
100, and Col. Entry Bk., Vol. XXXI., pp. 168-171.]
717. Lieutenant-Governor Molesworth to the King. Hearing
that on passing our accounts at the Treasury some doubts did
arise concerning my salary, I beg you to take the matter into
your own hands and to hear from Sir Charles Littleton the reaso.na
204 COLONIAL PAPERS.
1686.
that induced me to believe that the whole belonged justly to me,
and therefore to live up to it. If I am mistaken I beg you to
supply by grace what I want by right, for there is no one but my-
self who has the slightest pretension to it. Signed, Hder,. Moles-
worth. 1 p. Endorsed. [Col. Papers, Vol. LVII., No. 101. ]
June 8. 718. Memorandum by Lieutenant-Governor Molesworth of
Jamaica, n j s reasons for taking the whole salary of Governor. Stating the
terms of his commission and the inapplicability of the rule as to
half-salary to his case. Four heads. Signed, Hder. Molesworth.
1 p. Endorsed. [Col Papers, Vol. LVII., No. 102.]
June 9. 719. Lords of Trade and Plantations to Lieutenant-Governor
Stede. We send you for your report copy of a petition from
Theophilus Hopkins, setting forth that the execution of fines and
recoveries in the Plantations will be of great ease to the King's
subjects there. Signed, Jeffreys, Albemarle, Craven, Rochester,
Ormonde, J. Ernie, Tho. Chicheley. [Col. Entry Bk., Vol. VII.,
pp. 377-378.]
June 10. 720. Journal of Lords of Trade and Plantations. Lord
Clarendon's letter of 16 March read (see No. 599) with its
enclosures, and the reports of the Commissioners of the Customs
in Ireland of 29 March and 12 May (see Nos. 613, 670). The
Lords agree to advise that the revived Act be not dispensed with.
Report of the Attorney-General on Mr. Richard Wharton's
draft for confirmation to himself of Pojebscot, Maine. Ordered
that it be referred to Sir Edmund Andros for report on his arrival
in New England.
Memorandum of documents read and received. [Col. Entry
Bk., Vol. CVIII., pp. 280-284.]
June 10. 721. Circular. Lords of Trade and Plantations to the
CouncU Governors of the Colonies. Forwarding copy of the petition of
Chamber. Theophilus Hopkins (see No. 660) for report. Signed, Albemarle,
Middleton, Craven. [Col. Entry BL, Vol. XCVII., pp. 234-235.]
June 10. 722. Lords of Trade and Plantations to the Secretary of New
York. Ordering transmission of quarterly returns of the transac-
tions of his otfice. Signed, Jeffreys, Albemarle, Rochester,
Ormonde, Craven, J. Ernie, Tho. Chicheley. [Col. Entry Ble.,
Vol. LXVIII., p. 135.]
June 10. 723. Lords of Trade and Plantations to Governor Dongan.
Asking for quarterly accounts of transactions. Signed, Jeffreys,
Albemarle, Craven, Rochester, Finch, J. Ernie. [Col. Entry Bk..
Vol. LXXIV., pp. 1-2.]
June 10. 724. Commission to Colonel Thomas Dongan to be Governor
of New York. [Col. Entry Bk., Vol. LXXIV., pp. 2-17.]
June 10. 725. Minutes of Council of Assembly of St. Christopher's.
Proceedings of a Court of Admiralty for the condemnation of a
sloop unqualified to trade. [Col. Entry Bk., Vol. LXXVIII.,
p. 57.]
AMERICA AND WEST INDIES. 205
1686.
June 10. 726. Minutes of Council of Jamaica. Colonel Thomas Free-
man took the oaths of councillor. Report of the Committee on
Fortifications. Dated, June 4 (see No. 714). [Col. Entry B1t }
Vol. XXXVI., pp. 115-117.]
June JX). 727. Mons. de Denonville to Governor Dongan. I have re-
20. ceived yours of 22 May. You will see from what follows that your
intelligence of our pretended designs is baseless, and that the
accounts given you by our deserters should be most cautiously re-
ceived. You are too old a campaigner to take umbrage at the
stores which I have sent to Katarokouy for the subsistence of my
soldiers there. You understand the Indians well enough to know
that it would be most imprudent for me to leave this post without
stores and ammunition for a year, and, as you know, one cannot
get up to the post at all seasons of the year. Had I to transport
stores thither for a large force I should have chosen a different
mode of transport. The perfidy inseparable from a people that
has no religion sufficiently forbids me to trust them and justifies
me for taking precautions against their unrest and caprice. On
the 6th inst. I informed you of my master's zeal for the advance-
ment of religion. I trust that of your piety you will not oppose
the work. Can the missionaries have as great success so long as
the Indian villages are allowed no rest ? When I arrived here
I thought that peace between the Iroquois and ourselves and
allies was assured. The behaviour of the Iroquois at this juncture
makes me ask you whether you think that I am wrong to dis-
trust them. They are alarmed at the prospect of war with me.
Nothing but their own consciences can have created this alarm
in them. I have not taken the least step that could have caused
it, and I wish for nothing better than to see peace established
in the country. What have I done to give them the least un-
easiness, and what do they want? As regards your claims to
territory, no doubt you are not well informed as to the possessions
taken by the King, my master, and of the establishments which
we have settled in the country and on the lakes. I gladly con-
sent to refer all such difficulties of boundaries to our masters, and
I wish nothing more than that you and I may live on as good
terms as they. But meanwhile it would be very fitting for so
honourable a gentleman as yourself not to give protection to all
the rogues and rascals who desert us to take refuge with you,
and who to gain themselves some favour in your eyes think they
cannot do better than relate to you impertinences against us,
impertinences which will never end so long as you are willing lo
listen to them. My letter of 6 June should suffice to apprise you
fully of my intentions. I should not have needed to answer your
letter had I not wished to mark my respect for you. Signed, le
M. de Denonville. French. 3 pp. Endorsed. [Col. 'Papers,
Vol. LVII., No. 103.]
June 11. 728. The Governor and Council of Connecticut to [Edward
"-a. Randolph?]. After some delay owing to the illness of the
Governor and the distance of the residences of some of the Council,
we have met to-day and considered your letters of 27 May and 3
206
COLONIAL PAPERS.
1686.
June. We rejoice to hear of your safe arrival from England,
and of the peaceable accession of the President and Council of New
England. We knew not what to reply to you concerning the
quo warranto against the Colony, but you may be sure that we
shall demean ourselves as good and loyal subjects of the King.
Signed, John Allyn, Secretary. Copy. I p. Endorsed. \_CoL
Papers, Vol. LVH., No. 104.]
June 14. 729. Tne Governor of Connecticut to Governor Dongan. I am
New Haven, glad to hear of your safe return from Albany., As to Mr. Ran-
dolph's letter, written in great haste and as a private letter to my-
self and two others in my absence, we know not of any calamity
to New England, if Connecticut Colony must fall and part of it
to westward ; but it may be as easy for us to fall that way as east-
ward. I think I may say that Mr. Randolph's endeavours to move
us to incline eastward have not prejudiced us against you or your
Government, with whom we have been, and are, on so friendly
terms. Mr. Randolph informs us of a quo warranto against us,
but we have seen nothing yet, and we remain as ordered by pro-
clamation, awaiting with silence and patience what may come,
and hoping that we shall approve ourselves good and loyal sub-
jects. Pray commend us to the royal protection by the next
ship, and thank you for your good counsel. Signed, R. Treat.
Copy, unpunctuated and hardly intelligible in parts. 1 p. En-
dorsed. Read 9 May 1887. [Col. Papers, Vol. LVH., No. 105.]
730. Commissioners of Customs to Lords of Trade Plantations.
We have considered the proposal to employ a magazine-ship for
Bermuda and compel them to bring the tobacco to English ports,
and think it to be good, provided that the master of the ship
give bond according to the Act of Navigation. Since we wrote
this report a Mr. Bysshe and a Mr. Burghill appeared saying
that they had something to offer against the proposal, but though
desired to put the same into writing, they have so far sent us
nothing. Signed, Ch. Cheyne, D. North, Jo. Werden, N. Butler,
T. Chudleigh. 2 pp. Endorsed. Read 6 July, 1686. [Col.
Papers, Vol. LVH., No. 106, and Col. Entry Bk., Vol. XVIII.,
pp. 23-24.]
731. Lieutenant-Governor Molesworth to [William Blathwayt].
The Assembly met on the 1st instant. I was led to expect a great
deal of trouble from them, more pains having been taken in the
choosing of them than of any previous Assembly, thereby to
serve the interest of the discontented party who do all they can
to obstruct affairs in general and to make a disagreement between
the Governor and the people, though as I hope without success.
I called them only to do their own business, so they must be
wilfully blind if they can be led away by false pretences against
the common good. Yet such things have happened on sudden
expected changes, in the hope of doing better or of gratifying the
man that will best be able to serve them. I have been unfor-
tunate throughout my government in being considered one who
may at any time be removed, and this has been a great dis.
June 14.
Custom
House.
June 15.
Jamaica.
AMERICA AND WEST INDIES. 207
1686.
advantage to me. At the first meeting I told them plainly what
I expected from them, which they took so well that they sent me
their thanks by half the house, and asked for a copy of my speech.
So far they have done little beyond the appointment of com-
mittees. They have prepared two bills, one to deal with trans-
ported rebels, and another for recovery of fines or forfeitures. They
appointed a committee to view the fortifications, which reported
as favourably as possible and gave an account of warlike stores.
The committee in the Receiver General's accounts return no money
in cash, and the revenue is behindhand, though when the office
was delivered over to him 2,400/. in cash and good bonds and
Martin's debt, which was ten or eleven hundred more. However
the Assembly is satisfied so we shall not differ upon these accounts.
Extract. \Col. Entry Boole, Vol. XXXI., pp. 158-161.]
June 17. 732. Colonel Beeston's receipt for the new Great Seal of
Jamaica. Signed, Wm. Beeston. % p. [Col. Papers, Vol.
LVII., No. 107, and Col. Entry BL, Vol. XXXI., p. 153.]
June 18. 733. Minutes of Council of Jamaica. The Assembly sent up
two Bills for ascertaining the servitude of rebels from England,
and for recovery of fines and forfeitures, which were read and
amended. [Col Entry BL, Vol. XXXVI., pp. 116a-117.]
June 19. 734. Order of the King in Council. Report of Lords <f
Hampton Trade and Plantations. We recommend that the Act of 22 and
Court. 23 Car. II., lately revived, be not dispensed with (see No. 670).
Signed, Jeffreys, Sunderland, Rochester, Craven, Middleton,
Godolphin, J. Ernie. Ordered accordingly. [Col. Entry BL,
Vol. XCVII., pp. 225, 226.]
June 19. 735. The President and Council of New England to Lords of
Boston. Trade and Plantations. We beg to press our former representa-
tions as to the necessity of a supply of members for the Council.
and beg to nominate eight persons as fit to fill vacancies. Mr.
Bradstreet, Major Saltonstall and Dudley Bradstreet do not accept
the Commission. Mr. Champernoun is too weak and unwell to act.
We suggest to take their places, Samuel Shrimpton, William
Brown, junior, James Russell, Samuel Sewall, Simon Lynds,
Thomas Graves, Nicholas Page, Richard Smith. Signed, Joseph
Dudley, William Stoughton, J. Winthrop, Ed. Randolph, Secy.,
Wait. Winthrop, Rd. Wharton, Jno. TJsher, Edward Tyng. 1 p.
Endorsed. Reed. 6 Aug. 86. [Col. Papers, Vol. LVIl., No 108
and Col. Entry BL, Vol. LXI., p. 303.]
J^e 20 - 736. Order of the King in Council. That the fort and county
Windsor. O f p em aquid shall henceforth be annexed to the Government of
New England. Signed, John Nicholas. | p. [Col. Pavers
Vol. LVII., No. 109, and Col. Entry BL, Vol. LXI., p. 282 ]
June 20. 737. Additional instructions to Governor Dongan for the
enforcement of the Acts of Trade and Navigation. [Col Entry
Book, Vol. LXVIII., pp. 136-147.]
June 21. 738. The King to the Governor of New York. Announcing
the appointment of William Blathwayt as Surveyor and Auditor-
208 COLONIAL PAPERS.
1686.
General of the royal revenues in America, and ordering obedience
to his orders and attention to the business of those revenues.
Countersigned, Rochester. [Col. Entry Book, Vol. LXXIII.,
<pp. 18-2L]
June 20. 739. The King to Lieutenant Governor Molesworth. Granting
Windsor. a pardon to the captain of the Spanish galley, condemned for
piracy. Countersigned, Sunderland. [Col. Entry Book, Vol.
XXXI., pp. 151-152.]
June 20. 740. Warrant of the King to Lieutenant Governor Molesworth
Windsor, for the use of the new Great Seal of Jamaica. Countersigned, Sun-
derland. [Col. Entry Book, Vol. XXXI., pp. 154-155.]
June 22. 741. Henry Egleton to William Blathwayt. I send the
Jamaica. Minutes of Council ; those of the Assembly will follow later. Last
Sunday we received the news that on Sir Philip Howard's death
the King had appointed the Duke of Albemarle to this Govern-
ment. This has as much pleased as surprised Colonel Moles-
worth, who, wishing to return to England, could not make a more
honourable dismission of his government. I beg you to mention
me to his Grace for his favourable countenance. Holograph 1 p.
Endorsed. Received 2 Sept., 1686. [Col. Papers, Vol. LVII.,
No. 110, and Col. Entry BdoJe, Vol. XXXI., p. 176.]
[June 26-3 742. Petition of the Quakers in Barbados to the King. We
beg to represent our sufferings for conscience sake, and to pray
that the late Act for the settlement of the Militia may not be
confirmed. 1 p. Annexed,
742. i. "The case of the people called Quakers in the Island
of Barbados, humbly presented to the tender consideration
of the King and Council." Being unwilling to bear arms
for conscience' sake we have for years been grievous
sufferers through an Act to settle the Militia by which we
have lost some thousands of pounds sterling. But our
present complaint is especially of a late Act of 17 June,
1685, wherein the penalties exceed those of all former
Acts. If confirmed it will not only disable us from man-
aging our plantations, but also impair the King's customs.
For it not only provides that any footman not appearing in
arms when summoned shall forfeit five shillings and every
horseman ten shillings, but by a clause aimed at stubborn
and wilful offenders the penalty is increased fourfold
upon such as do not send men at all. The forfeiture of
a footman here is for the first offence ten and for the second
twenty shillings, and of a horseman twenty shillings for
the first offence and forty for the second. We are required
by law to appear in arms six times a year as well as on
extraordinary occasions, so that a poor man cannot earn
enough in the year to satisfy these demands. Again, the
Act requires every apprentice to serve as well as his master,
and on his failure to appear the master is fined; conse-
quently we are unable to take apprentices and are obliged
to take negroes, whereby our young people are forced to
AMERICA AND WEST INDIES. 209
1686.
leave the Island. The execution of the Act also is severe,
our most serviceable negroes, worth forty or fifty pounds,
being taken and sold for twenty, and our negro women torn
from their children and sold also, which causes great dis-
traction in our negroes and loss to us. The penalty might
very well be levied on sugar. Our horses and cattle are
seized and sold in the same way, and we are ruined, with-
out profit to the King and country. We are also persecuted
for refusing to swear and to observe days, and many have
suffered and are liable to suffer for refusing to pay the
priests' wages whom their conscience will not permit them
to hear. We beg relief, for we suffer not from wilful
opposition but only from a tender conscience towards God.
3 large pp. Endorsed. Reed. 26 June. Read 6 July,
1686. [Col. Papers, Vol. LVII., Nos. 111-111 I.]
June 29. 743. Minutes of Council of Jamaica. James Davis sworn
of the Assembly. The two Bills sent up at last meeting (see No.
733) read a second time. Return of Charles Knight as member
for St. James's.
June 30. The report of the two frigates sent after the pirate Banister
heard. Kesolved that they be sent again, but with one sloop
only. Order in Council of 19 March 1686 read, directing enquiry
to be made into the petition of Roger Elletson for readmission
to his practice at the bar. Copy of the petition. Amendments
to the Bill for ascertaining the servitude of rebels. Order for an
embargo on all ships of tne harbours of Port Royal.
July 1. Charles Knight sworn of the Assembly. The bill for recovery
of fines amended and read a third time. Message from the
Assembly proposing to lay a tax on imported negroes, an addi-
tional duty on wines, a duty on goods imported in foreign bottoms,
and a duty on the export of money and bullion.
July 2. The Assembly attended, and the Lieutenant Governor informed
them that three of their proposals were inconsistent with his
instructions, and that the additional duty on wines would not be
approved by the King. Message from the Assembly asking for
an adjournment ; which was agreed to. [Col. Entry Book, Vol.
XXXVI., pp. 117-123.]
July 1. 744. Receipt by Captain St. Loe for stores received from
H.M.S. Deputy Governor Sir James Russell. Signed, John Chapman.
Dartmouth. Countersigned, G. St. Loe. 1 p. Endorsed. Received 22
March, 1686-7. [Col. Papers, Vol. LVII., No. 112.]
July 1. 745. Minutes of Council of Virginia. Order in Council sum-
moning the Assembly for 20 October next. Order directing the
King's collectors to instruct ship's masters to be cautious in
divulging news and reports. Mr. Mein's instructions read
delivered to the collectors. Order to parish ministers to
send a return of christenings and burials annually to the
Secretary's Office. The heir of the Queen of the Pamun-
1- N
COLONIAL PAPERS.
1686.
key Indians to be summoned in order to be confirmed in his govern-
ment; the Indian Harry's wife to attend at the same time to be
examined as to what is to become of Colonel Byrd's Indians.
Orders for the King to be moved to allow an Act to advance the
value of pieces-of-eight, and for an address as to Thomas Sandys's
petition (see next abstracts). [Col. Entry Boots, Vol. LXXXIII.,
pp. 225-231.]
July 2. 746. Address of the Council of Virginia to the King. Asking
Virginia, permission for the Assembly to pass an Act advancing the value
of pieces-of-eight and of French crowns to five shillings English
sterling, the King's dues being advanced proportionately that
his revenues may not be diminished. Reed. 5 Sept., 1686. Copy,
2pp. [Col Papers, Vol. LVII., No. 113, and Col. Entry Book,
Vol. LXXXIII., pp. 114-115.]
July 2. 747. Address of the Council of Virginia to the King. Against
granting the petition of Thomas Sandys for leave to ship 800 Ibs.
of tobacco free of duty, as a bad precedent. [Col. Entry Boole,
Vol. LXXXIII., pp. 115-117.]
July 3. 748. Order of the King in Council. Referring the petition
Hampton o f the inhabitants of New Hampshire to Lords of Trade and Plan-
Court, tations for report. Signed, Wm. Bridgeman. 1 p. Annexed. ^
748. i. The petition referred to. We have lived for fifty years in
peaceable possession of the lands now challenged by
Robert Mason. On the creation of the new Government
the Governor was instructed to settle and quiet the people
in respect of Mr. Mason's title or to report the case impar-
tially to the King. On the contrary Mr. Mason has been
permitted to bring actions wherein the Government have
arrogated the power of an absolute judgment, and have
given costs of ten and twenty pounds in cases sometimes
where the damage did not exceed two shillings. He has
also challenged fenced and improved lands contrary to
royal order. For the last two years and more one jury,
and very often one foreman, has generally been returned
to serve in all the issues connected with Mr. Mason's title,
4 and this foreman was tampered with by Mason. Again,
notwithstanding the royal prohibition of any further pro-
ceedings in Mr. Mason s title until the case were brought
before the King in Council, Deputy-Governor Walter
Barefoot has permitted executions to be levied and per-
sons to be imprisoned with excessive costs and damages.
We gratefully acknowledge your goodlness in allowing Mr.
William Yaughan to appeal against several harsh and
oppressive judgments here ; and we send Mr. Nathaniel
Weare to represent our grievances. Nine columns of signa-
tures and marks, the first on the list that of Richard
Waldern. 3 large sheets. Endorsed. Read at the Com-
mittee 6 July 1686. The appeal heard 6 i^ov. 1686. [Col.
Papers, Vol. LVII., Nos. 114-114 I., and Col. Entry Bk,,
Vol. LXVII., p. 156.]
AMERICA AND WEST INDIES.
211
1686.
July 3.
Rhode
Island.
July 3.
Newport,
Rhode
Island.
July 3.
Milford.
July 3.
Hampton
Court,
Treasury
Chambers.
July 4.
749. Walter Newbery to George Whitehead. Ten days ago
a writ of Quo Warranto against our charter arrived. We are all
agreed not to defend it but to submit to the King's pleasure, for
which the enclosed address has been prepared. Extract. Copy.
| p. Endorsed. [Col. Papers, Vol. LVII., No. 115.]
750. The Governor and Company of Rhode Island to the
King. We have received on the 22nd June the Quo Warranto
against d\ir charter. The time limited for our appearance was
expired before the writ reached our hand. We have proclaimed
that we shall not stand suit against you notwithstanding, but
beg for your princely bounty in our charter contained, the rather
for we are a loyal people and despised of the neighbouring colonies.
Before we received the writ we learned from Mr. Dudley that the
greater part of our Colony, called the King's Province, was taken
from us ; which we did not oppose. We beg for our former privi-
leges in religious matters and forming of oaths and attestations,
that Newport may be made a free port, that no persons may be
set over us who suit not our nature and constitution, and that
our past failings may not be harshly judged. Signed, Walter
Clarke, Governor. Large sheet. Endorsed. Read 7 Sept. Pre-
sented at Windsor 12 Sept., 1686. [Col. Papers, Vol. LVII, No.
116, and Col. Entry Book, Vol. LXI., pp. 304-305.]
751. The Governor of Connecticut to Governor Dongan. I beg
your favour on behalf of one Daniel Bull, of Seabrook, a constable,
who has by misfortune suffered a notorious rogue to escape from
his custody. He craves for your help and that of your inferior
officers in following the culprit westward. You may rely on similar
help from us in a similar case. Mr. Randolph in his last letter to the
Governor and Company seems to wind up his resolve to report
simply as a private gentleman instead of serving his Quo Warranto,
though he has the writ with him. The receipt of his letter is
owned by our Council, and this he says will be sufficient to justify
him at Whitehall without showing any further authority from
the King. This proceeding we do not understand, for the King's
proclamation was that we should remain as we are until further
signification of his pleasure. So there we stand and must remain
for aught I know. I have called a Court for the 6th inst. to
consult, but what the issue will be I know not. I should be glad
of your advice. Signed, R. Treat. Copy., 1 p. Endorsed.
Reed. 9 May, 1687, from Colonel Dongan. [Col. Papers, Vol.
LVII., No. 117.]
752. Henry Guy to William Blathwayt. Forwarding report
of Commissioners of Customs on the magazine ship for Bermuda
(see No. 730). i p. Endorsed. [Col. Papers, Vol. LVII.,
No. 118.]
753. Earl of Sunderland to Lords of Trade and Plantations.
Ordering a commission, etc., to be prepared for Sir Robert Robin-
son who has been appointed governor of Bermuda. Signed, Sunder-
land. 1 p. Endorsed. Read 6 July, 1686. [Col. Papers, Vol.
LVII., No. 119., and Col. Entry Book, Vol. XVIII., <n. 3.]
N 2
212 COLONIAL PAPERS.
1686.
July 5. 754. Lieutenant Governor Molesworth to [William Blatn-
Jamaica. wayt]. I received intimation from Colonel Stede as to one John
Webber who had passed by Barbados from this place and waa
strongly suspected to be the man excepted from the King's pardon.
I have caused him to be found out and apprehended. It seems
that he shipped himself aboard a Guinea ship at the port of
London in June 1685, and had confessed to a woman in Barbados
that he was born at Lyme, was in the country at the time of the
late rebellion, escaped to London and then took ship ; but as this
was dons before the defeat of rebels, he would have it that he
cannot be the person excepted, there being, moreover, .others of
his name in those ports. He lately sent me a petition for leave
to go home on the same ship, giving security for his surrendering
himself to the Secretary of State. I thought this the most reason-
able way of bringing him to justice and consented, if the security
was sufficiently good, but have not heard from him since. I shall
send him in that or another ship under the best security that I
can get.
The Assembly have considered that part of my speech which
deals with raising money for the expense of the negro-rebellion,
but though unanimous that the thing shall be done, cannot agree
as to the manner of doing it. They are willing to have the
parties paid and their estates secured, but they do not wish to be
at any charge themselves, and therefore have been very industrious
in finding out such other ways of doing it as may best answer
that end, without regarding whether they be reasonable or prac-
ticable. But being hotly carried in by the two lawyers, Elletson
and Musgrave (chosen on purpose to obstruct the Government as
much as possible) with that plausible notion of saving the country
money, the Grand Committee decided to lay a duty on exported
negroes, an additional duty on wine, an impost on all goods im-
ported in icreign bottoms (viz., the Assiento), and an impost on
money and bullion exported. When this was reported by the
Chairman, some of the House (by my order) declared they had
heard me say that most of these proposals were contrary to my
instructions, and that I could not assent to them, so that it would be
useless to proceed further with them. They then sent me a message,
asking how far their proposals were consonant with my instruc-
tions. I answered, with all candour and integrity, that three of
the four were inconsistent with my instructions, and as to the
fourth, the additional duty on wines, though I had no special
instructions, yet my reason told me the King would never consent
that the money raised by duties on foreign merchandise should
be applied to such a use as securing ourselves against our own
slaves, and that it would therefore be better to add it to the 1
revenue. My message arrived at a time when the Speaker was
taken ill. He desired them to choose another, but they refused,
and moved for an adjournment for a week, alleging the approach
of Quarter Sessions in all the neighbouring districts. I consented,
and they accordingly adjourned without further debate on my
message. Mr. Elletson, four days ago, showed me an Order in
Council upon his petition for re-admission to his practice, whereby
it was referred to me either to restore him or to show good reason
AMERICA AND WEST INDIES. 213
1G86.
to the contrary. After consultation with the Council, I agreed
to answer that consideration thereof would be deferred until tlje
close of the Session of the Assembly. He then brought me a
petition for a more positive answer, which I declined to give. I
think this was reasonable in the present conjuncture.
In the action against Banister Captains Sprag and Talbot
spent nearly all their powder. Sprag had only one round left
and Talbot not more than eight or nine. Talbot asks for sixty
barrels to make good his complement, and Sprag twenty-three,
of which I have ordered fifty and twenty for a present supply.
Extract. [Col Entry BL, Vol. XXXI., pp. 161, 167.]
Copy of the last paragraph of the foregoing, in dupli-
cate. [Col. Papers, Vol. LVII., Nos. 120-121.J
July 5. 755. Lieutenant-Governor Moles worth's instructions to
Captain Sprag of H.M.S. Drake. To sail, with a sloop in com-
pany, for Hispaniola, cruise between Cape Tiburon and the east
end of Hispaniola, and endeavour to seek out and destroy the
pirate Banister. On same sheet,
Instructions from the same to Captain Talbot, H.M.S. Falcon,
to join Captain Sprag before Port Samana, and endeavour like-
wise to destroy Banister. Dated, 7 July, 1686. Copy. 3 pp.
Endorsed. Reed. 2 Sept. '86. [Col. Papers, Vol. LVII., No.
122.]
[July 5.1 756. State of the case depending before arbitrators between
Mrs. Sarah Bland and Colonel St. Leger Codd. Three closely
written pages. Endorsed. Heed. 5 July 1686. [Col. Papers,
Vol. LVII., No. 123.]
July 6. 757. Journal of Lords of Trade and Plantations. A letter
from Colonel Robert Byndloss read (see No. 586). A copy to
be sent to the Lieutenant Governor of Jamaica for report. Draft
Commission to the Duke of Albemarle considered, also his Grace's
proposals (see No. 759).
Copy of tne trial of George Talbot for the murder of Christopher
Rousby read. The matter referred to the King. Memo. : On
the 15th, at Windsor, the King pardoned George Talbot, on con-
dition of five years' banishment from his dominions.
Petition of the Quakers of Barbados read. A copy to be sent
to the Lieutenant-Governor and Council, for their report (see No.
742). Colonel Stede's letter of 27 April read (see No. 642) and
reserved for the King.
Petition of the inhabitants of New Hampshire read (see No.
748i.). Copy thereof to be sent to Mr. Mason on his arrival in
England.
Report of the Commissioners of Customs on the magazine ship
for Bermuda read (see No. 730). The Lords concur therewith,
but desire the opinion of the Lord Treasurer on the question of
bonds. Memorandum of documents sent and received. [Col.
Entry BL, Vol. CVIII., pp. 285-290.]
July 6. 758. Memorandum of Lords of Trade and Plantations. Ask-
ing for the King's pleasure on three proposals of the Duke of
214 COLONIAL PAPERS.
1686.
Albemarle. 1. That on suspension of a Councillor, the Governor
have power to nominate another in his place, irrespective of the
numbers of the Council. 2. That the Governor be given power
to dispose of money without the advice and consent of the Council.
3. That in case of his sickness, he may be allowed by his instruc-
tions to go to any of the Colonies in America to recover his health.
The King on July 6th answered, granting the third request, but
leaving the two first to be settled according to the instructions
drawn up for Sir Philip Howard. [C,ol. Entry Bk., Vol. XXXI.,
pp. 242, 243.]
[July 6.] 759. The Duke of Albemarle's proposals for Jamaica. 1. That
the King allow two foot companies of fifty men each, as in Lord
Carlisle's time, to garrison the forts, which are now much enlarged,
and to repress the negroes and prevent their bloody rebellions, by
which several families have been lately destroyed. There is no
force now, except the Militia, for these duties. An armourer also
should be provided for the care of the arms. 2. That the King
order a sufficient proportion of military stores to be furnished by
tue Master of the Ordnance, this charge having always been borne
bv the King, and the Island having no means of furnishing them-
selves except by requiring powder of the vessels trading thither.
3. That the King consider the need of a residence for the Governor,
both at Port Royal and St. Jago de la Vega, the present houses
being out of repair and unfit to receive a Governor. 4. That the
King appoint a fifth-rate frigate in those parts, the pirates render-
ing this more than ever necessary. 5. That passage be allowed
for 100 servants and 500 tons of goods. Lord Carlisle was allowed
75 servants and 350 tons, and his family was much less in propor-
tion. 6. That furniture for a chapel be ordered, as for Lord
Carlisle, and also books of Homilies. 7. That the negro trade
between the Royal Africa Company, the Island, and the Spaniards
may be settled, and that the Company and the merchants make
their proposals accordingly. These proposals are submitted for
the King's approval. The present Government will cost 2,500
less to the Royal Exchequer than Lord Carlisle's* Draft, with
corrections. Endorsed. Read 6 July 1686. 2 pp. [Col. Papers,
Vol. LVII., No. 124.]
[July 6.] 760. A summary of the foregoing, written fair. 1 p. Col.
Papers, Vol. LVII, No. 125.]
[July 6.J 761. Petition of Nathaniel Weare to Lords of Trade and
Plantations. Begging for an early day for the hearing of the
appeal of William Vaughan, for whom he is acting as attorney.
Signed, Nathll. Weare. 1 p. Endorsed. Read 6 July. Oct. 13
1086. [Col. Papers, Vol. LVII,, No. 126.]
July 6. 762. William Blathwayt to Henry Grey. My Lords wish to
know whether it is desirable to resettle the Mint in Boston by Sir
Edmund Andros's Commission. I enclose an extract from the
laws of New England concerning the Mint, for the Lord Treasurer's
opinion. Draft, with corrections. 1 p. Endorsed, [CoL Papers.
Vol. LVII., No. 127.]
AMERICA AND WEST INDIES.
1686.
July 6. 763. Address from the Governor and Company of Connecticut
to the King. We are informed that a writ of quo warranto is
issued against our charter, and though we have not seen it we
hasten to ask pardon for our mistakes, and to implore you to recall
the writ. We are loyal subjects and resolved to approve ourselves
such, and we beg you to continue us as an entire province or
Government, for the contrary will be very hurtful to us. Signed,
Robert Treat, Governor ; John Allyn, Secrety. 1 p. closely
written. Endorsed. Read at the Committee, 26 Sept. 1686. [Col.
Papers, Vol. LVII., No. 128.]
July 6. 764. Lords of Trade and Plantations to the Lord President.
Council Desiring him to lay before the King Lieutenant-Governor Stede's
Chamber, request for guns. [Col. Entry Bk., Vol. VII., p. 378.]
July 6. 765. Minutes of Council of Barbados. Pursuant to the King's
letters of 27 February, Colonel Codrington took the oaths and
signed the test, and was admitted to the Council Board. Order for
issue of writs for election of a new Assembly. Order for payments
for the repairs of fortifications. Order prohibiting clerks of the
Common Pleas to act as attorneys. The Royal Instructions touch-
ing St. Lucia communicated to the Council. Captain Temple to
be despatched in H.M.S. Mary Rose. Samuel Hanson appeared
and withdrew his appeal. [Col. Entry Bk., Vol. XI., pp. 701-
704.]
July 6. 766. William Blathwayt to Henry Guy. Asking the Lord
Treasurer's opinion whether the masters of the magazine ships to
be appointed for Bermuda should give bond in Bermuda or in
England. [Col. Entry Bk., VoL XVIII., p. 25.]
July 7. 767. Lord Shaftesbury to the Earl of Craven. I have received
St. Uiles. yours, but not knowing upon what ground the quo warranto was
to be brought against our patent of Carolina, can give no result
upon it. There have been considerable sums of money disbursed
by the Proprietors to bring it to this effect, and I cannot see by
what possibility they can be re-imbursed if the Patent be sur-
rendered. I shall be as unwilling to dispute the King's pleasure
as any man, but this being a public concern is not within the
power of any particular man to dispose of. I shall, therefore,
acquaint you with the decision of the majority of the Proprietors.
Signed, Shaftesbury. 1 p. Endorsed. Read to his Maty.. 25
July 1686. [Col. Papers, Vol. LVII., No. 129.]
July 7. 768. Minutes of Council of Nevis. Sir William Stapleton's
Commission to Captain Bear, of 25 September 1684 was read,
empowering him to capture Indians and pirates. Several of
Captain Bear's crew deposed that his ship, while bound to Nevis
with stores, sprang a leak off Scilly, and that the voyage was con-
tinued in another ship. Resolved that Sir William Stapleton's
commission is insufficient for the present ship, and that another
be issued to Captain Bear. Certified true copy. Signed, Tho.
Fenton. 2 pp. [Col. Papers, VoL LVII., No. 130.]
216
COLONIAL PAPERS.
1686.
769.
131.]
Duplicate of foregoing. [Col. Papers, Vol. LVII., No.
July 8.
Council
770. Lords of Trade and Plantations to Lieutenant-Governor
Molesworth. Ordering him to enquire and report as to the truth
Chamber, of the charge against Colonels Beeston and "Waterhouse; of being
concerned in all interloping ships (see No. 586). Signed,
Rochester, Sunderland, Albemarle, Craven, Middleton, J. Ernie.
[Col. Entry Bk., Vol. XXXI., p. 157.]
July 9. 771. The Agents of the Eoyal African Company to the Coin-
Nevis, pany. Some of the chiefs of this Island and St. Christopher's,
often discourse of the greater convenience of buying negroes from
the Dutch at St. Eustatia than from the Company. They argue
that there is no law or charter that can prevent them from buying
them and bringing them here publicly in English bottoms. They
say that the Royal Charter and proclamation prohibit them only
from going to Guinea, so that they may freely buy negroes at any
other place and import them. If this be done, it will be very
prejudicial to the Company, and will encourage the Dutch 10
establish a magazine for negroes on St. Eustatia. Signed, Hen.
Carpenter, Thos. Belchamber. 1 p. Endorsed. Reed. 1st and
read 7th Sept. [Col. Papers, Vol. LVII., No. 132.]
July 13. 772. Minutes of Council of Jamaica. The Assembly attended,
but wished to adjourn again, in consequence of the illness of the
Speaker. The Governor bade them go back and choose a Speaker
and they chose Mr. George Nedham, who was approved. The
Governor made a speech, urging the payment of the country's
debts by a tax upon themselves. [Col. Entry Bk., Vol XXXV I. ,
p. 123.J
July 14. 773. The Secretary of Virginia to [the Earl of Sunderland J.
Virginia. I enclose duplicate of the report of the trial of Colonel George
Talbot. He tried hard to insinuate that the vile act was the effect
of passion. Certainly some heats passed between him and Rousby
in discourse, which, he being inflamed by drink, might be taken as
the cause of that fatal effect. I hope next year to avail myself of
the King's leave of absence for twelve months. Signed, Nichp.
Spencer. Holograph. 1 p. Annexed,
773. i. The trial of Colonel George Talbot for the murder of
Christopher Rousby (see No. 629). This report in-
cludes the proceedings before the Grand Jury, Nov. 21st
1685, and Lord Howard of Effingham's order for the
reprieve of sentence, pending the King's order. 26 April
1686. The whole. 6 pp. Endorsed. [Col. Papers,
Vol. LVII., Nos. 133, 133 i.]
July 14. 774. Deputy-Governor Sir James Russell to Captain St. Loe.
Nevis. Ordering him to sail to Bermuda and ask permission to examine
Captain Bartholomew Sharpe's commission, to find out how ho
came into possession of his present ship, where she was brought on
trial, and how she was condemned. If the answers are unsatis-
factory, Sharpe is to be seized as a pirate and brought to trial.
AMERICA AND WEST INDIES. 217
1686.
The Dartmouth will then proceed to Boston, where money will be
ready for the repair of the ship, and return to Nevis before the
20th October. Signed, Ja. Russell. Copy. 1 p. Endorsed.
[Col Papers, Vol. LVIII., No. 1.]
July 15. 775. Minutes of Council of Jamaica, On the request of the
Assembly, a conference was held on the amendments to the Bill
for ascertaining servitude of rebels.
July 16. The Assembly desired a conference on the Bill for recovery of
fines and forfeitures.
July 17. Report of the conference on the Bill for ascertaining the servi-
tude of rebels. Further amendments. [Col. Entry Bk., Vol.
AXXVI., pp. I23a, 124.]
July 16. 776. Henry Guy to William Blathwayt. Forwarding a letter
from the Commissioners of Customs. Signed, Hen. Guy. p.
Annexed,
776. i. Commissioners of Customs to Lords of Trade and Planta-
tions. In reply to Mr. Blathwayt's letter of 6th inst.,
touching 1 the taking of bonds from masters of ships
trading to Bermuda, we find that the law provides that
bond should be given here, or we should have thought it
better that it should be taken in the Plantations. Signed,
W. Dickinson, Ch. Cheyne, D. North, Jo. Werden, J.
Baker, J. Buckworth, T. Chudleigh, Sam. Clarke. 1 p.
Endorsed. Reed. 16 July. Read 26 July '86. [Col.
Papers, Vol. LVIII., Nos. 2, 2 i t , and (enclosure only)
Col. Entry Bk., Vol. XVIII., pp. 25, 26.]
July 16. 777. Petition of certain inhabitants of Rhode Island to the
King. We here present our full and free resignation of the power
committed to us by our Charter. The General Assembly have
made their public declaration that they will not stand suit, but
will address you for continuation of their privileges according 10
Charter. We, your present petitioners, declare that we knew
nothing of it nor have left further proceedings to the Assembly,
but present ourselves to you, begging to be discharged of all levies
and contributions to which they woulfl expose us to defray the
cost of sending an agent to England. Thirteen signatures and
one mark. Large sheet. Endorsed. Reed. 14 Dec. '86. [Col.
Papers, Vol. LVIII., No. 3.]
July 17. 778. Lieutenant-Governor Molesworth to William Blathwayt.
Jamaica. Since my last the frigates are returned to seek Banister where they
left him. The Assembly on meeting after their last adjournment
, in consequence of the Speaker's illness were for adjourning de die
in diem, so that I was forced to order them to choose another for
the time and to proceed to business. They chose Mr. George
Nedham, whom I approved, taking opportunity to make them the
speech herein enclosed. I did so since I was led to expect that
they would not raise the money upon themselves if they could not
do it in the way proposed. This was previous to my resolution to
dissolve them, lor I wished first to secure the two Bills which lay
2 18 COLONIAL PAPERS.
1686.
before them aiid to obtain their consent to our amendments. Since
this some of the adverse party are come over, in particular Mus-
grave, whom I have mentioned as one of their leaders. Possibly
these may gain others, so I thought best to let them adjourn for
four or five days before coming to a vote. Yesterday was the day
appointed for this last. Most of the past week has been spent in
debates and conferences over the two other Bills. These are now
agreed on and ordered to be engrossed with the proviso that the
passing of them shall not end the Session, so that I expect to have
them secure very soon. If I cannot obtain a vote for money within
four or five days after, I shall dissolve them, being satisfied that
I have put them in the way to secure themselves, which if they
refuse to dto as they ought, they must take the consequences.
The privateers in the South Seas, notwithstanding the Spanish
boasts that they are conquered, still hold ports from which they
intercept and disturb trade. They have lately intercepted a ship
of four hundred negroes belonging to the Assiento. They have
two or three settlements where they plant and till the ground and
keep the negroes to work for them. Unless speedily suppressed
these pirates will be the ruin of the chief trade of Christendom as
they are already of the Assiento. But I cannot expect that the
Spaniards will do it, nor will they trust others to do it for them.
The French fleet, after lying a long time in the Bay of Honduras,
is now for the most part dispersed. Such as could make shift to
get themselves ready separated from them, leaving the rest in
great distress for want of victuals. Grammont is of these last, he
and his people being very sickly. Unless relieved he must prob-
ably perish there. Laurens passed our north coast the other dlay,
bound for Tortugas, but not in command, as he himself told! the
master of one of our sloops. So their design of going to the South
Seas is at an end for the present. [Col. Entry Bk., Vol. XXXI.,
pp. 171-175.]
[July 17.] 779. Lieutenant-Go vernor Moles worth's speech to the
Assembly of Jamaica (see preceding abstract). A great deal of time
has fled away to no purpose, so I am resolved to consent to no more
superfluous adjournment. You have passed! a vote for raising the
money, but have proposed no effectual way for raising it. You
will find no plan so good as to secure our estates by our estates. It
will be in the nature of insurance, and I reckon that what is now
required of you does not exceed five shillings for every hundred
pounds' value of our real estates. So if you intend to raise the
money, set about it heartily; if not, tell me, that I may know
what to do. I have done my duty, and if you fail to do yours
the opposers of it will be answerable for any innocent blood that
may be spilt on occasions that might have been prevented. I
wash my hands of it. Copy. \ p. Endorsed. Reed. 30 Oct.
1686. \Col. Papers, Vol. LVII., No. 4.]
July 20. 780. Minutes of Council of Jamaica. Message from the
Assembly as to the two Bills. A committee appointed! to examine
the accounts relating to the negro rebellion. The Assembly ap-
pointed a committee to join with them.
AMERICA AND WEST INDIES. 219
1686.
July 21. The Assembly sent up the two Bills, which were passed. The
Governor recommended the Assembly to proceed with an Act for
better ordering of negroes^ Report of the committee on the
accounts of the negro rebellion, the total cost of which was
3,203, with a specification of the items that were absolutely
necessary to be paid. Message from the Assembly asking for a
joint committee in the Negro Act. Granted. [Col. Entry Bk. }
Vol. XXXVI., pp. 125-127.]
July 23. ?&! Journals of Lords of Trade and Plantations. List of the
Lords. Prince George of Denmark, Archbishop of Canterbury,
Lord Chancellor, Lord Treasurer, Lord President, Lordi Privy
Seal, Dukes of Ormonde, Albemarle, Newcastle, Beaufort, Queens-
berry, Lord Great Chamberlain, Lord Chamberlain, Earls of
Oxford, Huntingdon, Bridgewater, Peterborough, Chesterfield,
Bath, Craven, Powis, Berkeley, Nottingham, Plymouth, Moray,
Perth, Middleton, Melfort, Tyrconnel, Viscounts Fauconberg
and Preston, Bishop of Durham, Lords Arundel of Wardour,
Bellasis, Dartmouth, Godolphin, and Dover, Henry Coventry, Mr.
Chancellor of the Exchequer, Lord Chief Justice Herbert.
Letter from the President and Council of New England of 1
June read (see No. 702). Ordered that Mr. Mason attend the
King at Windsor next Sunday with their addlresses, and that the
matter be noticed in the Gazette. Memo. That Mr. Mason did
so accordingly on 25 July.
The Duke of Albemarle's Commission considered. The King's
answers to his proposals (see No. 759) read, and 'the Com-
mission approved.
Petition of Sarah Bland read (see next abstract}. A letter to be
written to Lord Howard of Effingham in compliance therewith.
Draft Commission for Sir Robert Robinson as Governor of
Bermudla read and approved. Report of Commissioners of Customs
of 14th inst. as to bonds to be taken by shipmasters trading to
Bermuda read (see No. 776). The Lords agree therewith, and
ordered Sir Robert's instructions to be drawn accordingly.
Letter to Lieutenant-Governor Stede as to the Quakers' petition,
signed.
Memorandum of documents sent and received. [Col. Entry
Bk., Vol. CIX., pp. 1-7.]
[July 23.] 782. Petition of Sarah Bland) to Lords of Trade and. Planta-
tions. That her case against Colonel St. Leger Codd may be
determined by Lord Howard of Effinghanu 1 p. Inscribed.
Read 23 July and) 16 Aug. 86. [Col. Papers, Vol. LVIII., No.
6.]
July 23. 783. Lords of Trade and Plantations to Lieutenant-Governor
Stede. We forward to you a petition from the Quakers in Bar-
bados for your report as to the possibility, consistently with the
safety of the Island, of easing their burdens undier the Militia Act
(see No. 742). The King having extended his favour to the
Quakers here may be inclined to continue the same to them in this
particular. Signed, Jeffreys, Albemarle, Craven, Middleton. [Col.
Entry Bk., Vol. VII., p. 379.]
220 COLONIAL PAPERS.
1686.
July 23. 784. Extract from the Minutes of Council of New England.
The Council met at Cambridge, the President and six members
present. It was unanimously agreed: 1. That the Rev. Increase
Mather be asked to accept the Rectorship of the College. 2. That
John Leverett and William Brattle be tutors. 3. That Charles-
town Ferry and Mr. Penoyer's legacy, i.e., one moiety of it as
falleth, be settled upon the said tutors for salary. 4. That their
pupils pay to their respective tutors ten shillings a quarter for
tuition. 0. That Andrew Roademan, the present cook, be hence-
forth steward of the College. Certified copy. 1 p. Endorsed,
Reed 25 May 1688. [Col. Papers, Vol. LVIII., No. 6.]
July 23. 785. Samuel Winder to Governor Dongan. Hearing that you
Chesapeeke. could not come as you intended to my plantation, I took the sloop
and went down to meet you. Not having the good fortune to see
you, I went on board the ship from Madagascar and found! Captain.
Santen, Barre Tuder, and Antill. Captain Santen used, as I
thought, very unbecoming words of you, saying that you had put
Antill on board as your spy, with intent to trepan him, but that for
your cunning he would secure the ships and dispose of them as he
thought fit, and so on. At last I told him that he did ill to speak
like this before the captain, who was a stranger. Thereupon he
fell into a passion, went on board his ship, ordered my master
aboard, and demanded his cocket, to which he replied that it was
not customary to take one. After a time he dismissed him, but
afterwards the master and merchant came to me and said that
after the language used by the Collector, they would not go up
to New York, for they would assuredly be seized. I told them that
your words were sufficient security for them, but they answered
that it was doubtful where the power lay, as the Collector had
the commission, aad that he might give them so much trouble
that they would not afford him the opportunity. At last, sooner
than allow him to put to sea, I agreed with him for the negroes,
and) the master has entered his ship at Amboy. I hope that you
will not blame me for his not coming to New York. Signed, Sam.
Winder. 2^ pp. Endorsed. [Col. Papers, Vol. LV III., No. 7.J
July 23. 786. Affidavit of William Wolliford, master of the ship Mari-
New York, ner's Adventure, and of his crew, that he has traded in no port
belonging to Royal African Company. Sworn before Lucas Santen,
Collector. Copy. 1 p. [Col. Papers, Vol. LVIII., No. 8.]
July 23. 787. Permit for the Mariner's Adventure to enter the road and
New York, discharge cargo. Signed, Lucas Santen. Copy. ^ p. [Col.
Papers, Vol. LVIII., No. 9.]
July 24. 788. Commission to Sir Robert Robinson, Knight, to be
Governor of Bermuda. Passed under the Great Seal, 9 September
1686. [Col. Entry BL, Vol. XVIII., pp. 4-22.]
[July 25.] 789. Abstract concerning Tortola, demanded by the Dutch
Ambassador. Sir William Stapleton reports the reduction of the
Island in 1672, together with St. Eustatia and Saba. The three
Islands should have been restored at the Treaty of Breda, but the
AMERICA AND WEST INDIES. 221
1686.
Dutch, fearing to lose them again, and that they might fall into
French hands, left Sir William Stapleton in possession. In 1679
the Dutch Ambassador claimed the restitution of St. Eustatia and
Saba, and the Lords decided that Sir William Stapleton should
first state to what expense the Islands had put him. The Dutch
Ambassador promised to refund the amount, and the two Islands
were restored. Tortola is in the same circumstances as these two
Islands, but as no restitution has been asked for, no orders to that
effect have been given. In the event of restitution, the Dutch
should be called upon by the King to refund any expenses. 3 pp.
Endorsed. Readl at Windsor, 28 July '86. Tortola to be restored
to the Dutch. [Col Papers, Vol. LVIII., No. 10.]
[July 26.] 790. Address of the Presidtent and Council of New England to
the King. We rejoice that our first address can open with
congratulations on your deliverance from the late rebellion. We
thank you for your large indulgence to the people in matters of
religion; and we are preparing to lay before you such rules and
methods as we judge necessary for the good government of the
Colony. Signed, Joseph Dudley, William Stoughton, J. Win-
throp, Wait Winthrop, Jonathan Tyng, Edward Tyng, Robert
Mason, John Pyncheon, Peter Bulkeley, Jno. Usher, Rd. Wharton,
John Hinks, Barth. Gedides, Ed. Randolph, secretary. One large
page. Endorsed. Presented at Windsor by Mr. Mason, 26 July
1686. [Col. Papers, Vol. LVIII., No. 11, and Col. Entry Bk.,
Vol. LXI., pp. 301, 302.]
July 26. 791. Governor Dongan to Mons. de Denonville. I have received
with great satisfaction your letters of 6th and 20th June (see Nos.
694, 727). I am glad to have a neighbour so different from Mons.
de la Barre, your predecessor, who was so furious and hasty, and
addicted to ereat words, as if I had been likely to be frightened
by them. The Indians, perhaps, might justly offend him, for,
as you well remark, they are not people of the greatest credit and
reputation. But I did not amiss in offering sincerely to compose
the quarrel, and I went expressly to Albany for the purpose, and
yet received no just return from him for it. I doubt not the
French King's zeal to propagate the Christian religion, and I
assure you my own master has it not less at heart. For my part,
I shall take all possible care that the missionary fathers shall
not be ill-treated by any Indians over whom I have power, and
have sent for one of each nation for that very purpose. The three
beastly crimes which you reprove shall be checked severely, and
all my endeavours shall be used to suppress fheir filthy drunken-
ness and quarrelling, and whatsoever obstructs the growth of the
Christian religion. I have heard that before ever the King your
master claimed Canada, the Indians as far as the South Sea were
under the English dominion, and traded always with Albany,
Maryland, and Virginia, but in accordance with your desire, the
whole question of territory shall be referred to our masters. The
strictest care shall be tak,en as to runaways from you, but if there
be any soldiers deserted, I desire you first to give me assurance
that they shall not lose their lives. Pardon me for troubling you
222 COLONIAL PAPERS.
1686.
with my private affairs. When my prince called me out of the
French service, 25,000 livres were due to me, as was certified by
the intendant of Nancy. My stay was so short that I had no time
to kiss the King's hand and petition for it a great misfortune,
after my long and faithful service. After leaving Nancy I went
to Tangier, and from thence hither, so that I never had time to
present my case to the King. May I ask you to espouse it, that
I may obtain at least a part of this sum ? The King, I know, is
generous, and would not let me suffer. Signed, Tho. Dongan. 2^
pp. Endorsed. [Col Papers, Vol. LVIII., No. 12.]
July 27. 792. Commissioners of Customs to Lords of Trade and Planta-
Custom tions. We have received draft of a letter from the King to Captain
House. jj ee> an( j see no thing to object to, so far as regards the King's
Customs or the Acts of Navigation ; but as to the freight for the
tobacco to be brought from Bermuda in the manner proposed,
which is not under our cognisance, we recommend that the principal
merchants be consulted before it is fixed. We learn, however, from
Mr. Danely, general manager to the Bermuda trade in London,
that the rates in the letter are those which are usual. Signed,
Sam. Clarke, Ch. Cheyne, D. North, W. Dickinson, T. Chudleigh,
1 p. Endorsed. [Col. Papers, Vol. LVIII., No. 13.]
July 27. 793. The Clerk of Assembly of Virginia to William Blathwayt.
Virginia. I ge nd duplicate copies of the journals to the House of Burgesses
at the Assembly, held 2 November 1685, and prorogued 12
December 1685. Signed, Robert Beverley. Holograph. \ p.
Endorsed. Reed. 7 Oct. '86. [Col. Papers, Vol. LVIII., No. 14.]
July 28. 794. Edward Randolph to Lords of Trade and Plantations. I
Boston, have served the writs of Quo Warranto on Rhode Island and Con-
necticut, though, after a tedious passage of near six months from
London, the time of their return is lapsed. However, the Governor
of Connecticut has appointed a meeting to be held for the surrender
of the charter, unless persuaded by the factious party here to stand
a trial just to delay the sending over of a Governor-General. In
Rhode Island the Governor and Company have sent an address to
the King. Here the new commission for a reconstitution of the
Government was received at first with some show of satisfaction
and! gratitude, but since then the proceedings of the President and
Council, whatever they may report in their letters to you, are
managed for the encouragement of the Independent faction, utterly
discountenancing both the minister and such others who dare
openly profess themselves of the Church of England. Having no
allowance for our minister here, we raise it by contribution among
ourselves. The form of this Government only is changed, for our
Independent ministers flourish, and expect to be advised with on
public affairs. I need say no more in proof than that but two of the
present Council, Mr. Mason and myself, are of the Church of
England, that of over sixty officers of the Militia there are not
above half a dozen who are not either Church-members or attenders
at their meetings. Consequently Nonconformists from all parts
resort hither. Two months ago, one Mr. Mourton, an excom-
AMERICA AND WEST INDIES. 223
1686.
municated minister, arrived here from Newington Green. He was
welcomed by our President, and designed to be head of the College,
but as such steps are too large to be ventured on yet, he is called
to be minister at Charlestown, a very good! living, and is ready
at hand to be president of the College. Two brothers of the name
of Bayleyes, great daring Nonconformist ministers from Ireland,
have been here two years, and are well provided for. During
Monmouth's rebellion, most of the ministers stirred up the people
by saying that the time of deliverance was at hand. Not one of
them prayed for the King, nor believe his letter reporting the
overthrow of the rebels. I suggest, as greatly for the quiet and
welfare of the Colony, that no minister from England be allowed
to land who has not the licence of the Governor-General, who shall
have power to licence and restrain from public preaching such as
are already here. You will gather that the presence of a General
Governor is much needed to settle distractions and to continue what
is newly begun. The delay is prejudicial, and will p-ive the factions
facilities for re-assuming the government, which they openly
declare that they expect an opportunity to retake. As to my own
office, the President takes great liberty to impose upon me in my
station. He would not let me seize a vessel in the harbour, nor
suffer my officers to go aboard. I am accounted by all to be the
sole enemy of the country, having served the King here eleven
years, and taken the writs to the other Colonies. Pray recommend
me to the Governor-General. I pray for his arrival. Signed, Ed.
Randolph. Holograph. Z\ pp. Read at the Committee, Oct.
13, 1686. I Col. Papers, Vol. LVIII., No. 15, and Col Entry
Bk., Vol. LXI., pp. 327-329.]
July 28 795. Duplicate of the foregoing, similarly endorsed. [Col.
Papers, Vol. LVIII., No. 16.]
July 30. 796. Council of New Hampshire to President and Council of
Portsmouth. New England. We have lately learned of the private removal of
our records to Boston. How it happened we know not, .but we
think it of some concern to ourselves. It seems strange that books,
wills, and other records should be exposed to the danger of the sea
without any reason. We are not willing to run the risk of another
sea adventure, but beg you to keep them safe until they can be
safely returned to us. Signed, John Hinks, Walter Barefoot,
Richd. Waldern, jun., Robert Elliot, Thomas Graffort, John
Gerrish, Henry Green. Copy. 1 p. Endorsed. [Col. Papers,
Vol. LVIII., No. 17.]
July 30. 797. Minutes of Council of Jamaica. Report of the Committee
on the Negro Bill brought up. John Favell ordered to be taken
into custody for scandalous reflections on the Lieutenant-Governor
concerning the Spanish tradfe. [Col. Entry Bk., Vol. XXXVI.,
pp. 126a, 127.]
July 30. 798. Memorandum of the resolutions of Southampton, Sandis,
Bermuda. Smith's, and Devonshire tribes as to raising of money for the
repair of fortifications. Sandis and Smith's tribes held their
meetings on 27 September 1686. Certified copy. 2i pp. En-
dorsed. [Col. Papers, Vol. LVIII., No. 18.]
224 COLONIAL PAPERS.
1686.
July 31. 709. The Secretary of Barbados to William Blathwayt.
Advising despatch of the quarterly returns of the transactions of
Council. Signed* John Whitestone. [Col. Entry Bk., Vol. VII. ,
p. 383.]
Aug. 1. 800. The King to Governor Lord Howard of Effingham. We
Windsor, have been informed! of the irregular and tumultuous meetings of
the House of Burgesses in the late meeting of the Assembly of
Virginia. We approve greatly of your action, and as a mark of
our displeasure with the Burgesses, we bid you dissolve the present
Assembly, that the inhabitants may have the opportunity, at such
time as you think fit, of choosing better members. Further, Robert
Beverley shall be declared incapable of holding any public office,
and shall be prosecuted with the utmost severity for defacing the
records of the Assembly. You will appoint the Clerk of the
Assembly when it next meets, and will permit no one but the
person whom you appoint to hold the office. We expect the
Assembly to grant him the usual allowance. Countersigned,
Sunderland. [Col Entry Bk., Vol. LXXXIII., p. 119.]
Aug. 2. 801. Richard Waldern and others to the President and Council
Portsmouth. O f New England. We, the undersigned, being met together for
business, wish to express our great concern at the removal of our
records to Boston without the privity or knowledge of any authority
here. To save possible damage or tampering with them, we beg
that care may be taken of them, and that Captain Stileman, who
is best acquainted with them, may be placed in charge and be
appointed Clerk and Recorder, as formerly. Signed, Richard
Waldern, Richd. Martyn, Wm. Vaughan, John Gillman, John
Woodman, Sam. Sherbourne. Copy. 1 p. Endorsed. [Col.
Papers, Vol LVIII., No. 19.]
Aug. 3. 802. Minutes of Council of Barbados. The writs for the new
Assembly returned. List of the members, who were sworn. The
letter from the Lords of Trade, touching Mr. Daniel's complaint
against Sir Richard Button, read. Ordered that the evidence
relating thereto be taken on the 13th instant ; all parties concerned
to take notice thereof. The King's letter appointing Mr. Richard
Harwood to the Council read. Address from the Council, praying
that he be not admitted till certain representations of theirs be
laidl before the Lords of Trade. The Governor replied that he
could not disobey the Royal orders. The address was ordered to
be entered, setting forth Mr. Harwood's servile condition, personal
inability, and other scandalous circumstances. The Assembly
presented John Reid as their Speaker, who was approved ; and the
Lieutenant-Governor then adjourned them for a month, by reason
of his ill state of health. [Col. Entry Bk., Vol. XL, pp. 707-712.]
Aug. 3. 803. Journal of Assembly of Barbados. List of Members.
tu TLf i. i> ) Captain Richard Barrett.
St. Michael s j Th ' oma3 Morris .
St. Peter's and All Saints' j {*
AMERICA AND WEST INDIES.
225
1686,
Colonel John Farmer.
John Davies.
Major John Leslie.
John Bromley.
Colonel Robert Bishop.
Lieut-Colonel Richard Elliott.
Lieut-Colonel Michael Tyrrell.
Captain Thomas Dowden.
John Reid.
Major Abel Allen.
Willoughby Chamberlayne.
Captain Peter Evans.
Captain John Mills.
William Dotten.
Major Richard Salter.
Captain John Cousins.
Colonel John "Waterman.
Captain Edward Binney.
John Reid chosen Speaker, Richard Cartwright, Clerk, and William
Geddis, Marshal. Rules of the House passed. Adjourned to 31
August. iCol Entry Bit,, Vol. XIV., pp. 159-160.]
St. Thomas'
St. John's
Christchurch
St. Lucy
St. James'
St. Philip
St. Andrew
St. George
St. Joseph
Aug. 3. 804. Minutes of Council of Jamaica. John Favell examined.
Copy of the examination to be sent to the Assembly, that the
persons mentioned by him may be examined also. Favell dis-
charged from custody, on his promise not to quit the Island) without
leave.
Aug. 4. Adam Cooper examined as to Favell's business, and discharged
on giving security to appear at the next Grand Court. Message
from the Assembly, sending the declarations in writing of the
members concerned in Favell's business. [Col. Entry Bk., Vol.
XXXVI., pp. 127-131.]
Aug. 4.
Jamaica.
805. Lieutenant-Governor Molesworth to the Earl of Sunder-
land. The proceedings of the pirates in the South Seas will,
doubtless, cause us a great noise when the merchants of Europe
come to know the extent of their losses, so I thought that some
account of these affairs would be acceptable. I have found! it
difficult to obtain information, since no one here will be known
to correspond with those in the South Seas. Reports in favour of
the pirates have frequently been raised by ill men, to tempt others
to join them, so that I can never depend on what is said. Recently
five or six persons arrived from these parts, and failing to seize
them, I was obliged to employ others to try to bring the most
rational of them before me, on conditions of pardon. I have, I
think, succeeded in obtaining a true narrative of all their proceed-
ings, from their last expedition to the time when my informant
left them. Though he kept no journal, he relates the events in
succession as they passed. I send copy of his examination, from
L O
226 COLONIAL PAPERS.
1686.
which you will see that though they have prejudiced the Spaniard
much, they have gained little for themselves, tneir parties being
broken up by difficulties and discouragements, and those that
remain anxious to get away as soon as they can. Yet, before I
got this person, it was reported that twelve hundred of the pirates
were settled ashore, and that four Dutch ships had joined them.
You will see, therefore, the necessity of granting a pardon to gain
such intelligence. I send) you by this ship a prisoner supposed
to be John Webber, who was apprehended here on the advice of
Colonel Stede. Signed, Hder. Molesworth. Holograph. 4 pp.
Annexed,
805. i. The examination of Richard Arnold. Left Jamaica to
join Captain Peter Harris in the South Seas on 16 June
1684. Joined him at Golden Island, where the party
mustered ninety-six whites and three Indians. There
obtained) a guide to take them against the stockades,
which were their object, some thirty leagues distant.
Together with about 300 Indians they attacked and took
the stockade, where they shared a hundred shares of about
twenty-four ounces of gold-dust apiece. They also took
a barque of the Spanish King's, of four patararoes and
thirty men, with 1,000?. sterling in gold dust. Took
eight large canoes, and, leaving the Indians behind, went
down the river Andteile and took another vessel laden
with provisions and wine ; thence proceeded to the King's
Cays, some two leagues from Panama, took ten empty
barques of the pearl fleet, and, fitting out three of them,
sailed to Cape Clare, southward of Panama. Cruised to
westward, and were attacked by five barques fitted out
from Panama to take them, but beat them off with heavy
loss. Stood further "away to westward, where found a
ship at anchor, which proved to be Captain Swan's of
about 140 tons, 16 guns, and 20 men. Agreed! with him
for his ship at ten shares, himself at two, and his boy at
half a share ; manned his ship and abandoned the others,
and stood to southward to join one Captain John Cooke,
said to have come out in a Dutch ship of thirty-six guns.
Found his ship, of seventy-five men, at the Isle of Plate,
in command of Captain Davis, Cooke having died. Davis
had a prisoner on board, who undertook to guide them
to Guayaquil. Sailed thither, sent 130 men up the river
in canoes, and landed two leagues from the town. Here
Swan, seeing many lights in the town, concluded them
to be lighted matches, and refused to march further.
Swan and Davis had a dispute over it, and the party
returned, much discontented with Swan, the prisoner
saying that they might have made 500. a man in gold.
Thence sailed to Payta, landed ninety men, took it, plun-
dered and burnt it. Endeavoured to surprise Pura, but
finding themselves discovered, returned to the ship. After
this failure stood to westward again to the Cays, to inter-
cept the Spanish fleet from Callao. Stayed there about
AMERICA AND WEST INDIES. 227
1686,
five months, during which time two French parties came
overland and joined them. To one leader, Captain
Fra^ois, they gave a ship of 400 tons, which had been
captured, with a dozen more, at the Cays. Three more
parties, under Englishmen and mostly English, then
joined them from overland. It was then resolved to
Sirsue the design against the Spanish fleet, and to appoint
avis admiral, and Swan vice-admiral. Swan refused
to fight under any but English colours, since he had lost
two men in fair trade with the Spaniards, so wore the
King's jack at the foretopmast head. The plans for the
attack were laid. Meanwhile, the Spanish fleet passed
unseen in the offing, and landed its money about ten
leagues to westward of Panama, then proceeded to sea
with eleven sail and two fire-ships, andl came unexpectedly
upon the privateers, when one of the principal French
ships, which should have seconded Davis, deserted. Next
day, the Spaniards being to windward, the privateers
made a running fight of it, and sailed to Quito, where
they built new canoes and attacked and took the city of
Leon, but made no plundter, having been discovered as
they entered the harbour. Then took and burnt Bio
Leo, which, however, afforded nothing valuable, except
naval stores. Here the fleet divided, about June 1685,
Swan and others sailing for California to try their for-
tunes there, and thence round the Philippines for the
East Indies, and so home (as they said) ; Davis and a fire-
ship designing to sail westward again for Truxillo.
Examinant went with Davis, who missed! Truxillo and
made for Samia. To prevent discovery, Davis marched
for Samia, some seven leagues up the country, with two
hundred men, took it, and shared about three hundred
dollars apiece in money and plate. On returning, found
a storehouse with 10,000 Ibs. weight of indigo, but could
not ship it for the heavy sea. Thence marched to attack
Pura, ten leagues to leeward! of Samia, but were betrayed
by an Irishman, who was taken prisoner by the Spaniards.
The betrayal, however, was discovered to them by the
master of a small barque which they took, so abandoned
Pura for Payta, where there were said to be two shirts
with four hundred negroes. Took the town and ships,
but only about forty negroes, whereupon examinant and
thirty-eight more deserted, and he returned ultimately to
Port Royal. Davis, when examinant left him, had two
hundred and fifty men, and had designs on a town a little
to southward of Lima, after which he meant to go through
Magellan's Strait and return overland by way of Darien.
In another four months, therefore, all the privateers will
have come away. The privateers never settled on any
island, nor fortified the same, as reported. Signed, Hder.
Molesworth. 6 closely written pages. [Col. Papers, Vol.
LVIII., Nos. 20, 20i.l
O 2
228
COLONIAL PAPERS.
1686.
Aug. 4. Duplicate of foregoing despatch and enclosure.
Vol. LVIII., Nos. 21 21i.]
[Col. Papers,
Aug. 4. Another copy of the enclosure. [Col. Papers, Vol. LVIII.,
No. 22.]
Aug. 5. 806. Minutes of Council and Assembly of St. Christopher's.
The Governor and Council desiredl the Assembly to consider the
question of finishing the fort on Cleverley Hill. The Assembly
declined to consider it at present. The Assembly called attention
to the fact that the King's Collector refuses to take sugar at the
rate of the Island, notwithstanding the Act. Ordter that no person
enter on the office of Provost Marshal without first giving security.
[CO. Entry Bk., Vol. XLVIH., p. 59.]
Aug. 5. 807. The Governor of Connecticut to Governor Dongan. We
Hartford, have been served with two Quo Warrantos, one bearing date July
8, 1685, the other served on the 20th July 1686. I beg your advice
as to how to manage our affairs, so as to gain the King's favour
and the continuance of our former privileges. Our last news from
Boston is the seizure of eighty butts of Malaga wine and brandy,
which, if lawfully seized, will be a good supply of that cheering
commodity. I send copy of Randolph's letter. Signed, R. Treat.
P.S. News has just come of a pirate lying between Rhode Island
and the Vineyard, said to have robbed five vessels from these parts.
1| pp. Endorsed. Reed. 9 May '87. [Col. Papers, Vol.
LVIII., No. 23.]
Aug. 5.
Warwick.
808. John Greene to Governor Dongan. I have been nominated
messenger by the Governor and Council. I wished to have another
joined with me, but this has been defeated by some evil-minded
persons, who would bring us under Massachusetts. There will be
scrawls enough gathered from one. To-morrow the Governor and
Council meet again to settle the question finally, and if it be decided
that I do go the voyage, I hope to be ready to sail in three weeks.
Thank you for your great respect shown to our poor, despised
Colony. Signed, John Greene. Holograph. 1 p. Endorsed.
Reed. 9 May 87, from Colonel Dongan. [Col. Papers, Vol.
LVIII., No. 24.]
809. Commission appointing John Greene to carry a letter and
address from the Governor and Company of Rhode Island to the
King, and explain if need be what is required by the Colony.
Signed, Walter Clark, Governor. Copy. 1 p. Col. Papers, Vol.
LVIII., No. 25.]
Aug. 6. 810. Minutes of Council of Jamaica. Three private Bills
received from the Assembly read. On the request of the Assembly,
the Lieutenant-Governor permitted them to adjourn for a few
days. iCol. Entry BL, Vol. XXXVI., pp. 131-132a.]
[Aug. 6.] 811. Proposals as to the fees to be paid to the Secretary and
Registrar of New England Evidently emanating from Edward
Randolph. Copy. 1 pp. Endorsed, Reed. 6 Aug. 86. [Col.
Papers, Vol. LVIII., No. 26.]
Aug. 6.
Baodo
Island.
AMERICA AND WEST INDIES. 229
1686.
[Aug. 6.] 812. Table of fees granted by the President and Council to
Edward Randolph, Secretary and Registrar of New England.
Voted by the Council June 15, 1686. 1^- pp. Endorsed. Reed.
6 Aug. '86. [Col. Papers, Vol. LVIII., No. 27.]
Aug. 7. 813. The Dutch Ambassador to the King. Repeats the earlier
Windsor, portion of his memorial of May 1st (see No. 649), and continues :
1 now learn that Sir William Stapleton has gone to France to
drink the waters, so I repeat my request, having received no answer
to the first, except verbally to the effect that Sir William Stapleton
would) soon return. News has since been received of his death,
and that he gave no reason for his refusal to cede Tortola except
lack of the King's orders. I beg, therefore, that, without further
search for information from other sources, the Island may be
restored. Signed, Arnout van Citters. French. 2% pp. En-
dorsed. [Col. Papers, Vol. LVIII., No. 28.]
Aug. 7. 814. The Earl of Sunderland to Lords of Trade and Plantations.
Windsor. Announcing the appointment of Sir Nathaniel Johnson to be
Governor of the Leeward Islands. Signed, Sunderland. En-
dorsed. Reed. 16 Aug. '86. [Col. Papers, Vol. LVIII., No. *tf,
and Col. Entry Bk., Vol. XLVII., p. 200.]
Aug. 10. 815. The Clerk of Assembly of Nevis to Lords of Trade and
Nevis. Plantations. Forwarding the transactions of the Assembly from
27 August 1685 to 1 May 1686. Signed, Tho. Thorne. [Col.
Papers, Vol. LVI., No. 43.]
Aug. 15. 816. Warrant for the delivery of forty iron guns from the
Windsor. Ordnance stores for Barbados. Countersigned, Sunderland. [Col.
Entry Bk., Vol. VII., p. 378.]
Aug. 16. 817. Journal of Lords of Trade and Plantations. Letter to
Lord Howard of Effingham, concerning Sarah Bland signed.
Ordered that Sir Robert Robinson be given a sight of the instruc-
tions preparing for him.
The Lord President's letter reporting the appointment of Sir
Nathaniel Johnson to be Governor of the Leeward Islands read.
Order for preparation of draft commission and instructions for
him. Mr. Powell's letter from Antigua of 8 April read (see No.
622). Agreed that he be directed to obey the orders of the Lord
Treasurer or Commissioners of Customs in respect of the plantation
trade with Ireland.
Office accounts signed. Memorandum of documents sent and
received. [Col. Entry Bk., Vol. CIX., pp. 8-10.]
Aug. 22. 818. Minutes of Council of Jamaica. The Assembly attended,
and the Governor made them a speech, ordering the Speaker to
put it roundly to the vote whether the Assembly would tax itself
or no. Message from the Assembly that the vote had! been put
and passed in the affirmative. Three private Bills proceeded with.
[Col. Entry Bk., Vol. XXXVI., pp. 131a, 132.]
230 COLONIAL PAPERS.
1686.
Aug. 21. 819. Address of Randolph Holden to the King. Eecounts the
Rhode history of the dispute over the Narragansett Country. Of late
Island. Edward Cranfield came over, pretending a commission to hold a
Court in the country. His associates were, many of them, the
gentlemen who style themselves the proprietors of the Narragansett
ountry, who, being met by a prohibition, departed without any
further proceedings. But since Joseph Dudley 'has been installed
President, they have taken the government of the province from
us, and by a Committee, consisting of Elisha Hutchinson and John
Saffin of Boston, formed to dispose of those lands, they have been
making sale and merchandise of them, turning your Majesty's
province to their private advantage and to your great loss, unless
you choose to appoint some person unconcerned therein to dispose
of them. I am ready to give the best intelligence I can. Signed,
llandall Howldon. Large sheet, closely written. Endorsed. Pre-
sented at Committee, 19 Jan. 1686-7. [Col Papers, Vol. LVIII.,
No. 30.]
Aug. 21. 820. Laud grants issued by Governor Dongan, to John Spragge
New fork, (page 1), Richard Gibbs (page 2), James Graham, and John
Delavall (pages 3, 4). [Col. Entry Bk., Vol. LXXIII., pp. 1-4J
Aug. 21. 821. Affidavit of Cornelius Creyke. That 11,000 Ibs. weight
of elephants' teeth was taken from the Mariner's Adventure by
the sloop that piloted her to Sandy Hook, i p. Endorsed. [CoL
Papers, Vol. LVIII., No. 31.]
Aug. 22. 822. The King to Governor Lord Howard of Emngham.
Declaring the Act of 1662, which allows quit-rents to be paid iii
tobacco, to be repealed; the rents to be paid in money in future.
Countersigned, Sunderland. [Col. Entry Bk., Vol. LXXXIII.,
pp. 112-113.]
Aug. 22. 823. The King to Lieutenant-Governor Stede. Approving the
grant of 1,OOOZ. made to Stede by the Assembly, and permitting
him to accept it. Countersigned, SunderlandL [Col. Entry Bk.,
Vol. VII., p. 382.]
Aug. 23. 824. Edward Randolph to Lords of Trade and Plantations.
Boston. The Governments of Connecticut and Rhode Island, being en-
couraged underhand by the faction here, are not without hopes of
recovering their charters. The last General Court was continued
by adjournment, and is to meet on the second Wednesday in
October, and as yet the President and Council, though often moved
by me to declare that adjournment illegal, have done nothing to
discountenance it. On the contrary, they have preferred divers
of the magistrates and others of the late Government to commands
in the Militia and to be justices of the peace. As Secretary and
Registrar, I askedl for the records of the General Court, and
obtained an order for the purpose, but some of the Council had
encouraged the late Secretary to keep them in his custody that
you might not know what large tracts of land they have^bestowed
on each other. They are still at this day making all the land in
this Government sure to themselves; in which project is Captain
Blackwell, Treasurer to the Army in Cromwell's time, and son-in-
AMERICA AND WEST INDIES. 231
1686.
law to Lambert, although he was excepted in the Act of Pardon of
12 Car. II. They likewise refuse to let me have an account of the
receipts and disbursements of their late Treasurers, which I have
often demanded in order to shew you the rates and! taxes imposed
upon the people (against the will of most of the inhabitants) to
defend the Charter. The great favour of liberty of conscience
granted to this people may shortly appear to be of ill consequence
to the Government, unless the Governor-General be empowered to
limit them in their extravagant use of it. It is plain that though
the King has appointed several of the late Government to the
Council, yet they retain their old principles. The Governor-
General should also have power to displace Councillors who oppose
the King's interests, and elect others in their stead, as it will be
impossible to raise a revenue. Great numbers of people are coming
to this country from Britain. One ship has now brought us sixty
passengers, with two Nonconformist ministers. I have pressed
that all persons over sixteen years of age should give in their
names and an account of themselves, and take the oath of alle-
giance, but this was looked) upon as a great discouragement to
good people, and is referred to the instructions of the Governor-
General. I find the country dissatisfied for want of an Assembly
of representatives from the several towns in the Government, with
power to raise money and make laws. The great matters they aim
at are a general pardon, a confirmation of the property of all lands
and possessions, and the establishment of Independency by law.
They are very cold and backward towards my proposals to raise a
revenue by quit-rents andl a duty on imports, which, when Rhode
Island and Connecticut are added to this Government, may amount
to nigh 4,000?. a year. Part of this should be devoted to the
maintenance of officers in the several ports of the country (as in
New York). No men of credit will undertake that trust, unless
they have a competent allowance for it. A pirate of fourteen guns
and a hundred men has been lately on the coast. Captain St. Loe
was ordered! out, but came too late, the pirate having robbed two
sloops laden with provisions, and sailed to the West Indies. Not
long since, Grammont, a Frenchman, with a ship of fifty poms,
lay off Carolina, and wished to trade, which was refused him.
Signed, Ed. Randolph. Holograph. 3 pp. Endorsed. Reed.
21 Oct. Read, 24 Oct. 1686. '{Col. Papers, Vol. LVIII., No. 32,
and Col. Entry Bk., Vol. LXI., pp. 332-335.]
Aug. 23. 825. Entry of the cargo of the ship Mariner's Adventure.
New York. Signed, John Smith, Collector. Scrap. Endorsed. [CoL
Papers, Vol. LVIII., No. 33.]
Aug. 23. 826. William Wilson to Governor Dongan. I fear that I have
New Icork. incurred your disfavour. Captain Santon lately shewed me the
"Present State of England," wherein I found that the English
had liberty to trade either in the East or West Indies in any place
belonging to the Portuguese, which would help in relation to
our ships. He told me. that he had found nothing wherein they
lay liable to seizure, that as I had made a free report of all our
goods and! entered them I might ship them on any ship that I
232 COLONIAL PAPERS.
1686.
pleased, and that if anyone should stop them I had a good right of
action. Mr. Smith told me the same, so I could do no less than
readily embrace the offer in discharging my trust to the gentlemen
concerned. I hope that my proceedings, being for the benefit of
the owners, cannot be construed as a olisrespect to you; on the
contrary, when Mr. Smith told me there was an antipathy between
you and Captain Santon, and grown to such a height that the
master of both must dtecide it, I thought it my duty not to concern
myself therein. Signed, William Wilson. \ p. Endorsed. [Col.
Papers, Vol. LVIIL, No. 34.]
Aug. 24. 827. Agreement between Governor Dongan, William Wolli-
ford, and William Wilson, that all the goods in the Mariner's
Adventure that come to the Custom House are to remain there
until security has been given to answer any claims of the Royal
African Company. Signed, William Wilson, \ p. [Col. Papers,
Vol. LVIIL, No. 35.]
Aug. 24. 828. Minutes of Council of Jamaica. The Assembly
attended. The Lieutenant-Governor assented to three private
bills, and prorogued the Assembly to September 16th. Order for
payment of three months' salary to the Lieutenant-Governor. [Col.
Entry Bk, Vol. XXXVI., pp. T32-133.]
Aug. 25. 829. Address of the Quakers of Rhode Island to the King.
Rhode We and our predecessors in this county have been here near forty-
Island, nine years, having left Boston whence we were driven by those
who pretend to be refined Christians. We understand that the
authorities, with the free consent of most of the inhabitants, have
laid themselves at your feet on receiving the writ of Quo
Warranto against the Charter. We beg that even if the Govern-
ment be altered, we may enjoy the religious indulgence granted
by the Charter and the indulgence in the matter of oaths, that
our solemn promise may pass instead of an oath, and that we may
be excused from bearing arms. Signed, on behalf of the Quakers,
John Easton, Dan. Gould, Edward) Thurston, Giles Slocum, John
Rodman, John Easton, jun. 3^ pp. Endorsed. [Col* Papers,
Vol. LVIIL, No. 36.]
Aug. 26. 830. Earl of Middletbn to the Dutch Ambassador. In reply
to your memorial (see No. 813), the King will give qrders for the
restitution of Tortola. Copy. 1 p. Endorsed. [Col. Papers,
Vol. LVIIL, No. 37.]
Aug. 28. 831. Petition of Edward Randolph to Lords of Trade and
Boston. Plantations. I was granted the posts of Secretary and Registrar
of New England!, in reward for much arduous service. On the
establishment of the new Government, I produced my commission
and asked for the records of my office, but the President and
Council have appointed other persons to perform the office of
registrar in different parts of the country. They have also refused
me the sum of eighty pounds paid to the former Secretary for
clerks and other expenses. I continue to do my duty as Secretary,
although thus defrauded of my dlue; but I beg that this salary
AMERICA AND WEST INDIES. 233
1686.
and the fees and perquisites of my office as sole Registrar may be
paid to me. Signed, Ed. Randolph. 2 pp. Endorsed. Pre-
sented at the Committee, 24 Oct. 1686. \\Col. Papers, Vd.
LVIII., No. 38.]
Aug. 30. 832. Warrant for the establishment of two foot-companies for
Windsor, the royal service in New England. Each company to consist of
captain, lieutenant, ensign, two sergeants, three corporals, one
drummer, fifty privates. The rates of pay of each rank are set
down, being the same as in England. A surgeon at 2s. Qd. a day
is added, and tenpence a diay is allowed for contingencies. Total
cost per day, 5 14s. Qd., per year 2,080 10s. Qd. Countersigned,
Sunderland, Rochester. Copy. 1 p. Endorsed. [Col. Papers,
Vol. LVIII., No. 39.]
Aug. 30. 833. Grants by the Proprietors of Carolina of one hundred
acres of land to Isaac le Grand, Sieur d'Anarville, and the same
to Mr. James Le Moyne, they having each paid five pounds for the
same. Signed, Craven, Albemarle, P. Colleton. [Col. Entry Bk.,
Vol. XXU., p. 84.]
Aug. 30. 834. Commission from Lord Craven appointing James Colleton,
Governor and Commander-in-Chief of the province of Carolina
South and West of Cape Fear. Signed, Craven. [Col. Entry Bk.,
Vol. XXII., p. 85.]
Aug. 30. 835. Instrument authorising James Colleton or some one of
the Landgraves in his place to let land to immigrants in the
Proprietors' name. Form of indenture for the purpose. [Col.
Entry Bk., Vol. XXIL, pp. 87-90.]
Aug. 30. 836. Instructions for the granting of land in Carolina. (1.)
On every navigable river five hundred acres is to be reserved for
the port town, chosen for convenience o'f shipping and of storing
merchandise. (2.) Encouragement to persons to build in that port
town. (3.) Ferries must be appointed on every navigable river,
and a thousand acres set out, the holding of which must be con-
ditional on the maintenance of the ferry. (4-6.) Rules as to
allotment of land to Landgraves and Caciques, and (7-12) to others
who have rights by purchase. (13, 14.) Rules as to river frontage.
(15.) No grants to be passed above thirty miles south of Stono, nor
above fifty miles north of Ashley and Cooper rivers. (16, 17.)
Rules as to reservation of plots for towns. (18.) Any free emigrant
over sixteen years of age may be granted fifty acres of land on
lease, with fifty more for each servant that he imports over sixteen,
and forty acres for every one under that age. The servants to
receive fifty acres, at a rent of one penny per acre at the expiration
of their time. Form of warrant for land-grants. [Ool. Entry
Bk., Vol. XXIL, pp. 91-97.]
Aug. 30. 837. The Lieutenant-Governor and Council of Barbados to
Barbados. Lords of Trade and Plantations. Forwarding quarterly returns of
the transactions of Council and of imports. Signed, Edwyn Stedie,
Francis Bond, Christopher Codrington, John Hallett, Tim. Thorn-
hill, Thomas Walrond. [Col. Entry Bk., Vol. VII., p. 396.]
234 COLONIAL PAPERS.
1686.
Aug. 31. 838. Journal of Assembly of Barbados. Two members only
present, who, after waiting till three o'clock, adjourned to the
^6th of September. \Col. Entry Bk., Vol. XIV., p. 160.]
Aug. 31. 839. Lieutenant-Governor Molesworth to William Blathwayt.
Bermuda. The frigates are returned from looking after Banister for the second
time. They found his ship burnt, she having been much disabled!
by their shot, but the pirates abandoned her and went away in their
smaller vessel. On Captain Sprag's first arrival (about a week
before Captain Talbot's), he found about twenty men on the little
island), who fired some small shot at him but immediately fled
over to the Main. He thinks it probable that Banister was among
them. The French, after the disabling of his ship, refused to
obey him, and it is believed that some of the French, owing to
their disputes with him, set fire to the ship. Sprag brought away
twenty of her best guns in a sloop, but she has not yet arrived here,
having been driven to the north side of the island by stress of
weather. I am now sending out the Drake to wait for a sloop that
is suspected to be gone for some of the seamen of the company of
the six mentioned in a former letter. I have taken no measures
yet against the other five, as it would alarm too much those for
whom I lie in wait, and perhaps cause me to lose them. But as
soon as they are settled I shall use all diligence to bring the rest
to condign punishment. This can be better done by allowing them
a little time to gain a false feeling of security, than by seeking
them at once, when they are cautious.
The Assembly having made some other proposals to raise the
money, wherein they took care to save themselves, I told them
plainly that I would agree to no other method but taxation of
themselves, and desired them to put it at once to the vote whether
they would tax themselves or not. They agreed to do so, but only
by the vote of the chairman ; but next day, when the adverse party
was strengthened by the votes of a member or two who had been
sick on the previous day, they did! all they could to confound that
vote. When therefore it was put to the question, upon what the
tax should be lain, the majority were for a tax on land, to be
reckoned by the acre, hoping that, the method being so unfair, it
would never pass. The difference in the value of land is so great
that, while some is worth 2QL an acre, other is not worth half-a-
crown. I prorogued them to the 16th September, giving time to
those who live at the greatest distance to consider their interest,
so that the business at the next meeting will be very short. I
intend that they shall either raise the money on themselves by
some equal tax or leave all else undone, for I do not mean them
to proceed either with Negro Bill, which is so necessary for
them, or any other business, till that be done. Two public and
three private Acts have been passed, which I shall probably send
home by next ship. Reed. 10 Dec. 1686. [Col Entry BL, Vol.
XXXL, pp. 191-196.]
[August.] 840. Governor Richard Cony to the Earl of Sunderland. I have
Bermuda, caused the King's letter to be published, have caused all proofs to
be received by the Council, and send copies of all the proceedings.
AMERICA AND WEST INDIES. 235
1686.
I have seized five of the principal ringleaders and sent them
prisoners on board H.M.S. Dartmouth, to be delivered to you. I
should not have troubled you with them, but their combination
and accomplices are so strong that I cannot safely bring them to
trial here. I received letters from the Governor of Nevis, asking
me to deliver up Captain Sharpe, on a charge of piracy. As I
have already reported, I was forced to retain him for the King's
service to suppress the rebellion here, which he did. What may
be proved against him I know not, but he has shewn himself a
loyal and! good subject, and an extraordinary instrument in pre-
serving the King's peace. I have written to the Governor of Nevis
and New England to beg that, if condemned, he, his lieutenant,
and his master may, ere they suffer, be sent to you to maintain their
evidfence on the King's behalf. Many have already been sent to you.
Captain St. Loe is urgent to sail, so I say no more. Signed, Richard
Cony. Holograph. 1 p. {Col. Papers, Vol. LVIII,, No. 40,
and Col Entry Bk., Vol. XVIII., p. 92.]
[August.] 841. A collection of depositions enclosed with the preceding
despatch from Governor Cony.
841. i. Depositions of William Phips, John Bee, and others.
That they heard William Keele say that he would not
deliver up his Commissions, but would 1 keep possession
of the forts. Sworn, 3 June 1685. Certified copy.
Scrap. Endorsed.
841. ii. Deposition of Stephen Bighton. As to an attempt to
tamper with a jury on the part of Richard Stafford. May
16, 1679. Certified copy. 1 p. Endorsed.
841. rn. Deposition of Bartholomew Sharpe. That when
Richard Stafford was delivered as a prisoner on board his
ship, a paper was found on him to the effect that part of
the country were ready to rescue him by force. Sworn
June 27, 1686. Certified copy. 1 p. Endorsed.
841. iv. Depositions of Paul Abney, Sharpe's lieutenant, con-
firming the preceding. Sworn 28 June 1686, and before
the Council 19 August 1686. Certified copy. Scrap.
Endorsed.
841. v. Depositions of Thomas Valley, Sharpe's master, con-
firming the preceding. Sworn 28 June 1686. Certified
copy. Scrap. Endorsed.
841. vi. Deposition of Paul Abney. That Stafford had mentioned
to him a conspiracy to buy arms and put down Captain
Sharpe by force ; and that Hugh Wentworth told him
the same. Deposition of Hugh Wentworth, contradicting
the above. Sworn 30 June 1686. 1 p. Certified copy.
Endorsed.
841. vii. Minutes of Council of Bermuda. August 3. The
King's letter as to the charges of William Righton and
William Milborne against Governor Cony read. Righton
deposed to words used by Richard Stafford, that the
country with one shoulder should shove this Government
out.
236 COLONIAL PAPERS.
1686.
August 9. The Governor proposed that the Council
should take the sacrament on Wednesday next. The
Council agreed as to taking it, but asked for more time
for preparation. The Council proceeded to the hearing
of evidence on Milborne's and Righton's charges against
the Governor, but it was resolved that the Governor s
complaints should be first heard ; and! he laid his informa-
tion against Christopher Burrows accordingly.
August 10. William Peniston was called, but did not
appear. Bartholomew Sharpe gave evidence as to bring-
ing away William Righton's sloop. 2^ pp.
841. vm. Deposition of Jonathan Stokes. That William Keele
and George Bascom, on 20 October 1685, came up to him
while on duty at Pagett's fort, and told him that they were
come on the King's service to review the stock of powder,
and that if he wouldn't open the door, they would Sworn
before Council, 3 August 1686. Certified copy. 1 p.
Endorsed.
841. ix. Deposition of Francis Tucker. That William Keele
denied his authority when he was sent to Smith's fort by
the Governor. Sworn August 4, 1686. Scrap. En-
dorsed.
841. xi. Deposition of John Vardill. As to his forcible expul-
told him that he had been put into Smith's fort by King
Charles, and that if deponent came there he would make
his blood fly. Sworn as the foregoing, Scrap. Endorsed.
841. xi. Deposition of John Vardill. As to nis forcible expul-
sion by Christopher Burrows and others from a stranded
vessel which he had been sent by the Governor to fetch
into harbour. Sworn 9 August 1686. 1 p. Endorsed.
841. xn. Deposition of John Harlow, confirming the preceding.
Sworn 9 August 1686. Scrap. Endorsed.
841. xm. Deposition of Thomas Swan, to same effect. Sworn
9 August 1686. Scrap. Endorsed.
841. xrv. Deposition of Caleb Wright, to same effect. Sworn
9 August 1686. \ p. Endorsed.
841. xv. Deposition of William Pearman, to same effect. Sworn
9 August 1686. j p. Endorsed.
841. xvi. Deposition of John Hubbard. That Christopher
Burrows brought away the arms which he had taken from
the Governor's people on board the French vessel. Sworn
9 August. Scrap. Endorsed.
841. xvii. Deposition of John Searles as to the assault made by
Christopher Burrows on the Governor. Sworn 9 August
1686. Scrap. Endorsed.
841. xvni. Deposition of Mary Storman on the same. Sworn
9 August 1686. Scrap. Endorsed.
841. xix. Depositions of Jonathan Ming and Roger Browne on
the same. Sworn 9 August 1686. 1 p. Endorsed.
841. xx. Deposition of Sibella Righton. As to a design of John
Hubbard, Richard Stafford, and William Righton, to
endeavour to prove charges against the Governor. Sworn
9 August 1686. 1 p. Endorsed.
AMERICA AND WEST INDIES. 237
1686.
841. xxi. Deposition of Mary Storman. That she saw William
Righton shake his cane at the Governor and call him
beggarly fellow. Sworn 10 August. Scrap. Endorsed.
841. xxn. Deposition of Bartholomew Sharpe. That he heard
William Brighton call the late Company a pack of knaves.
Sworn 10 August. Scrap. Endorsed.
841. xxni. Deposition of Jane Hubbard. As to ill words spoken
by William Righton against the Governor. Sworn 10
August 1686. 1 p. Endorsed.
841. xxiv. Depositions of Bartholomew Sharpe and Richard
Phillips as to disrespectful language and behaviour of
William Righton towards the Governor. Sworn 10
August 1686. 1 p. Endorsed.
841. xxv. Deposition of Copeland Lea. As to several meetings
held by William Righton and Richard Stafford for
addressing the King as to grievances. Sworn 10 August
1686. 1 p : Endorsed.
841. xxvi. Deposition of William Righton. That Richard
Stafford never spoke to him about shouldering the
Governor out Sworn 10 August 1686. Scrap.
Endorsed.
841. xxvii. Deposition of Richard Stafford. As to words and
behaviour of William Righton of ill consequence to the
Governor. Sworn 10 August 1686. 1 p. Endorsed.
841. xxvm. Depositions of Francis Tucker and John Hubbard.
As to rude behaviour of William Milborne to the Council.
Sworn 10 August 1686. 1 p* Endorsed.
841. xxix. Deposition of Joseph Milbourn. As to a negro boy
that the Governor tried to take from him by force. Sworn
10 August 1686. 1 p. Endorsed.
841. xxx. Deposition of Michael Brown. As to the coun-
tenancing of a mulatto thief by the Governor. Sworn
10 August 1686. | p. Endorsed.
841. xxxi. Deposition of George Bascom. As to the presenting
of articles against Henry Durham to the Governor and
Council. Sworn 10 August 1686. Scrap. Endorsed.
841. xxxn. Deposition of John Tucker. That the articles
against Henry Durham were read. Sworn 10 August
1686: Scrap. Endorsed.
841. xxxin. Deposition of Francis Watlington. As to violent
and seditious language used by William Peniston. Sworn
10 August 1686. 1 p. Endorsed.
841. xxxrv. Deposition of John Stone. As to the drawing up of
articles by Samuel Trott against the Governor and of
words used by him on the occasion. Sworn 10 August
1686. \ p. Endorsed.
841. xxxv. Deposition of Samuel Trott. Remembers nothing
of the matters described! by preceding witness. Sworn
10 August 1686. Scrap. Endorsed.
841. xxxvi. Deposition of Samuel Trott. As to articles ex-
hibited by William Righton against Henry Durham.
Sworn 10 August 1686. \ p. Endorsed.
238 COLONIAL PAPERS.
1686.
841. xxxvu. Depositions of Bartholomew Sharpe and Thomas
Valley. As to Samuel Trott's design to proceed with
proofs of the articles against the Governor before the
King's letter could reach him. Sworn 10 August. 1 p.
Endorsed.
841. xxxviii. Deposition of John Argent. That Righton's
charges agafnst Durham did come before the Assembly.
Sworn 10 August. Scrap.
841. xxxrx. Minutes of Council of Bermuda. 12-14 August.
Examination of several witnesses. 3^ pp. Endorsed.
Reed. 23 Nov. 86.
841. XL. Deposition of Joseph Stow. That the Governor com-
mitted William Milbourne for saying that the King was
only supreme head of the Church under Christ. Sworn
12 August 1686. Scrap. Endorsed.
841. XLI. Deposition of Stephen Righton. That the Governor
forced him to pay fees for two sea-briefs. Sworn 12
August 1686. Scrap. Endorsed.
841. XLIL Deposition of Francis Jones. That the Governor
made him pay powder-monev to himself, saying he would
not trust the Sheriff with it. Sworn 12 August 1686.
Scrap. Endorsed.
841. XLIII. Deposition of Richardl Peniston. That the Governor
made him swear that the King was supreme of the
Church. Sworn 12 August 1686. Scrap. Endorsed.
841. XLIV. Deposition of Stephen Righton. That he saw the
Governor strike his brother William twice with his cane,
on no provocation. Sworn 12 August 1686. Scrap.
Endorsed.
841. XLV. Deposition of Anthony White. To the same effect as
No. XLIL Sworn 12 August 1686. Scrap. Endorsed.
841. XLVI. Deposition of Francis Dickenson. To the same effect
Sworn 12 August 1686. Scrap. Endorsed.
841. XLVII. Deposition of Richard Pitt. That he has several
times paid the Governor fees for sea-briefs. Sworn 12
August 1686. Scrap. Endorsed.
841. XLVIII. Deposition of Michael Burrow to same effect.
Sworn 12 August 1686. Scrap. Endorsed.
841. XLIX. Deposition of William Pitt. That the fee of five
shillings for sea-briefs has been long established as a
custom. Sworn 12 August 1686. Scrap. Endorsed.
841. L. Deposition of Anthony White. That though of the
Assembly he heard nothing of William Righton's articles
against Henry Durham. Sworn 12 August 1686. Scrap.
Endorsed.
841. LI. Deposition of Lawrence Dill to same effect. Sworn 12
August 1686. Scrap. Endorsed.
841. LII. Deposition of Samuel Trott. That William Righton
did present articles in the Assembly against Henry Dur-
ham. Sworn 12 August 1686. \ p. Endorsed.
841. Lin. Deposition of Joseph Hinson. As to abuse and blows
given to Christopher Burrows by the Governor. Sworn
12 August 1686. 1 p. Endorsed.
AMERICA AND WEST INDIES. 239
1686.
841. LIV. Deposition of Thomas Burton. In confirmation of the
preceding. Sworn 12 August 1686. 1 p. Endorsed.
841. LV. Deposition of "William Righton. That Richard Stafford
told) him he had paid 12 to John Tucker in England, to
carry on the complaint against the Governor. Sworn
14 August 1686. Scrap. Endorsed.
841. LVI. Deposition of John Scarles. That William Righton
coming into the Governor's presence with his hat on,
his brother being with him, the Governor put off his
hat with his stick. Sworn 14 August 1686. Scrap.
Endorsed.
841. LVII. Deposition of the same. As to the words used by
John Ballinger, " If this be serving the King, let us serve
the King no longer." Sworn 14 August 1686. Scrap'.
Endorsed.
841. LVIII. Deposition of Bartholomew Sharpe. As to his arrest
of John Ballinger on the Governor's order. Sworn 14
August 1686 Scrap. Endorsed.
841. LIX. Deposition of Richard Stafford. That he never wrote
or received a letter while in prison on board Sharpe's
ship. Sworn 14 August 1686. ^ p. Endorsed
841. LX. Deposition of Captain George St. Loe. As to an
attempt of a witness, James Farmer, to strike the Gover-
nor. Sworn 16 August 1686. \ p. Endorsed. [Col.
Papers, Vol. LVIII., Nos. 41 I-LX.]
Sept. 4. 842. "Warrant of the Lords Proprietors of Carolina for the
grant of three thousand acres of land to Henry Augustus Chas-
taigner, Seigneur de Cramake, and Alexander Thezee Chastaigner,
Seigneur de Lisle. Signed, Craven, P. Colleton, Tho. Amy. [Col.
Entry BL, Vol. XXII., p. 86.]
Sept. 6. 843.' Deposition of Thomas Burton. As to the seditious and
mutinous action of Stafford, Keele, Bascom, Righton, and others
towards the Governor. 1 p. Endorsed. Reed, from Colonel
Cony, 15 Feb. 86-7. [Col Papers, Vol. LVIII., No. 42.J
Sept. 7. 844. Journal of Lords of Trade and Plantations. Address of
the Governor and Company of Rhode Island of 3 July read (see No.
750). Agreed! to advise that the Colony be included in Sir Edward
Andros's Government, and that he be empowered also to receive
the surrender of the Charter of Connecticut and take in that
Colony also. Colonel Dongan to be ordered to deliver Pemaquid
to Sir E. Andros.
Draft commission to Sir Nathaniel Johnson from the Leeward
Islands read andl approved.
Colonel Molesworth's letters of 15 and 23 June and 5 July read.
A paper of proposals from Sir Robert Robinson read (see No.
845). Agreed to submit them to the King. Memorandum of
documents sent and received. [Col. Entry BTc., Vol. CIX., pp<
11-15.]
240 COLONIAL PAPERS.
1686.
[Sept. 7.] 845. Sir Robert Robinson's request to the Lords of Trade and
Plantations concerning Bermuda. (1.) That a sufficient salary be
established. (2.) That arms and ammunition be provided. (3.)
That for protection against pirates or other enemy, forty or fifty
regular soldiers may be sent out. (4.) That the unserviceable guns
in the Castle may be changed for new ones. (5.) That good gun-
carriages may be provided, or (6) such a man as Sharpe may come
egain and master the Colony. Copy. 1 p. Endorsed. Read
7 Sept. 86. [Col. Papers, Vol. LVIII., No. 43.]
[Sept. 7.] 846. Lordls of Trade and Plantations to Governor Dongan.
We enclose you the petition of Robert Wright and Francis Pew,
together with Sir Edmund Andres's answer (see Nos. 681, 847)
for your report. Meanwhile all proceedings touching the lands
concerned must be stopped. Draft, with corrections. Undated.
[Col. Papers, Vol. LVIII., No. 44.]
[Sept. 7-3 847. Answer of Sir Edmund Andros to the petition of Robert
Wright and Francis Pew (see No. 681). I was not present when
this judgment against petitioners was obtained, but if it be upheld
it will defeat most if not all of the English grants and improve-
ments in New York. 2 pp. Copy. Endorsed. Reed. 7 Sept. 86.
[Col. Papers, Vol. LVIII., No. 45.]
Original draft of foregoing, with corrections. 2 pp. Endorsed.
Reed. 7 Sept. 86. [Col. Papers, Vol. LVIII., No. 46.]
Sept. 7. 848. William Blathwayt to Lord Dartmouth. Forwarding
Council the account of the stores and forts in Jamaica (see No. 716). [Col.
Chamber. Entry Bit., Vol. XXXI., p. 167.]
Sept. 8. 849. Minutes of Council of Maryland. James Heath sworn
Clerk of the Council. John Loder appeared, and laid a complaint
against Captain John Crofts, of H.M.S. Deptford, for extorting, by
vexatious detention of his vessel, five barrels of English brandy,
two barrels of Jamaica sugar, one piece of shirting flannel, and a
case of excellent strong waters, the whole valued at 36Z. Crofts,
before he allowed him to sail, made him promise to sign a paper
stating that he had given and! received nothing for his discharge.
A deposition of Samuel Woodward, making complaint that Crofts
had insulted him, called him into his cabin, boxed him severely,
and ordered him to be put into bilboes. He remained in irons
for an hour and a half, during which time his ketch was searched,
but nothing irregular found. Crofts, however, would not let the
ship go till he had taken some bacon from him. Further evidtence.
Warrant for arrest of certain persons for drinking the Duke of
Monmouth's health and speaking foul words of the King. [Col.
Entry BL, Vol. LIV., pp. 30-35.]
Sept. 10. 850. Journal of Council and Assembly of Nevis. Act for con-
tinuing former Acts for two years published. Petition of the
Governors of the Island read. Petition of Edward Harris, Provost
Marshal, for a free tavern-licence. [Col. Entry BL, Vol.
XLV1II., p. 123.]
AMERICA AND WEST INDIES. 241
1686.
Sept. 10. 851. Minutes of Council of Maryland. Legal and judicial
business. Complaint of the Chopticoe Indians, through their King,
Mr. William Assouam, of encroachment and damages suffered from
their English neighbours. Major William Boarman ordlered to en-
quire into the matter and strictly to forbid malpractices in future.
[Col Entry Bk., Vol. LIV '., pp. 35-39.]
Sept. 10. 852. Captain St. Loe, R.N., to the Earl of Sunderland I was
H.M.S. ordered in my passage hither from Nevis to call at Bermuda and
hirtmouth, seize Captain Bartholomew Sharpe for piracy, which I did, and
at Boston, have him, his crew, and ship, all in custody. But I cannot try
them before I return to Nevis. I was forced to stay some time at
Bermuda, by the Governor's request, to settle the disturbances
there, and at my departure took five of the principal ringleaders
on board by the Governor's order to be delivered to you. Meeting
with this ship bound direct for London, I have transferred them
to her, under the care of one of my gentlemen, Mr. George Hay,
and four other men. Signed, G. St. Loe. P.S. Sharpe sold
upwards of thirty Spanish Indians, subjects of the King of Spain,
captured at Campeachy, to the Bermudians. I think that the
Governor should not have allowed it. 1 p. Endorsed. Reed.
18 Nov. 86. [Col. Papers, Vol. LVIII., No. 47, and Col. Entry
BL, Vol. XVIII., pp. 13, 14.]
Sept. 11. 853. Grants of Crown lands by Governor Donjjan to Gilbert
New York. Crom ^. p ^ 7 ) and David , ^ &T ^ T f pp . g-11). [Col. Entry BL,
Vol. LXXIII., pp. 6-11.]
Sept. 11. 854. Benjamin Bullivant to Edward Randolph. I served the
Order in Council on Mr. Rawson about the delivery of the records.
After much talk he has answered that he will shortly see you
about it, that the oath of God is 'upon him to the country that
entrusted him, and that he cannot satisfy his conscience that he
ought to resign them unless discharged by a power that can
indemnify him. He also thinks it right that before he be dis-
charged of his trust the arrears of his salary should be paid as well
as a consideration for his trouble in sorting the papers, which will
take some time and require an assistant. Copy. \ p. Endorsed.
[Col. Papers, Vol. LVIII., No. 48.]
Sept. 12. 855. Petition of Peter Reverdy to the King. New England
and New York consume over two million bushels of salt a year.
I am skilled in making salt, and have found places proper for the
same in these countries. I propose to advance your Revenue
10,000 a year in a few years by an excise of five shillings a ton
for all salt made and sold in those parts. I beg a Patent for the
sole making of salt within the 40th to the 44th degrees of latitude
in America, and for power to take up the land proper for the pur-
pose in any of the plantations, or to purchase it at the current
rates if alreadly taken up. Sheet. In the margin. Order of the
King referring the petition to Lords of Trade and Plantations for
report. Windsor, September 12, 1686. Signed, Sunderland. In-
scribed. 13 Oct. 1686. [Col Papers, Vol. LVIII., No. 49.]
l. P
242
COLONIAL PAPERS.
1686.
Sept. 12. 856. Instructions to Sir Edmund Andlros as Governor of New
Windsor. England. Clause 18. The style of enacting laws is to be "By
the Governor and Council." Clause 37. Neighbouring Colonies
are to be assisted on occasion. Clauses 40, 41. The Indians are
to be encouraged to trade, and their land is to be bought, if thought
expedient. Clause 43. He is to report as to Richard Wharton's
claim to Pojebscot, and (44) on the title to the Narragansett country.
53. He is to encourage the conversion of the negroes. 57. No
printing is to be permitted without a licence. [Col. Entry BL,
Vol. LXI., pp. 285-296.]
Sept. 12. 857. Memorandum of Lords of Trade and Plantations. The
Government of Rhodle Island having agreed not to stand suit with
the King over the Quo Warranto, the Lords agree to recommend
that Sir Edmund Andros be empowered to receive the surrender
of the Charter, promising them the King's countenance and pro-
tection, and to exercise there the same powers of government for
that Colony as for the other Colonies of New England. An
additional instruction to that effect was accordingly drawn up for
Sir Edmund Andlros. Here follows the instruction, giving the same
powers also in respect of Connecticut, if that Government should
take the same course as Rhodie Island. {Col. Entry BL, Vol.
LXL, pp. 305-307.]
Sept. 12. 858. Commission to Sir Nathaniel Johnson to be Governor
Windsor, of the Leeward Islands. [Col. Entry BL, Vol. XLVII., pp. 201-
211.]
Sept. 12. 859. Proposals of the Duke of Albemarle as to Jamaica.
Identical with No. 759, but with the details as to the 2,500Z. in
the last article omitted. Endorsed. Read in the Committee, Sept.
12, 86, before his Ma*y- 2 pp. [Col. Papers, Vol. LVIII., No
50, and Col. Entry BL, Vol. XXXI., pp. 243-246.]
Sept. 13. 860. Warrant to George, Lord Dartmouth, Master-General of
Windsor, the Ordnance. For the delivery of ammunitions and stores to
Sir Edmund Andros, for New England. Countersigned, Sunder-
land. Copy. | p. Enclosed,
860. i. A list of the stores referred to. 4 pp. [Col. Papers,
No. 51, 51i., and CoL Entry BL, Vol. LXI., pp. 308-311.]
861. The Secretary of New York to William Blathwayt. I
hope to be myself the bearer of the quarterly returns required by
the Lords of Trade and Plantations. Signed, J. Spragge. 1 p.
Endorsed. Reed. 15 Nov. 86. [Col. Papers, Vol. LVIII., No.
52, and Col. Entry BL, Vol. LXVIII., p. 152.]
Sept. 14. 862. Minutes of Council of New York. Governor Dongan
took the oaths on receiving his new Commission and Instructions.
Anthony Brockholes, Frederick Flipson, Stephanus van Cortlandt,
John Spragge, and Gervis Baxter were sworn of the Council.
Agreed that Mr. Santen be not sworn yet. The Governor's com-
mission and instructions read. Charter of liberties drawn up by
the General Asembly read and repealed. Order to prevent frauds
by trading vessels. [Col. Entry BL, Vol. LXXIII., p. IA.]
Sept. 13.
New York.
AMERICA AND WEST INDIES. 243
1686.
Sept. 14. 863. Minutes of Council and Assembly of St. Christopher's.
Order for all owners of ships to enter them with the Secretary of
the Island, on pain of forfeiture. \Col. Entry Bk., Vol. XLVIII.,
p. 59.]
Sept. 14. Minutes of Council of Maryland. Order for issue of
writs to call the Assembly together on 31 October, and for issue
of writs for election of members in place of other members dead
or departed the country. The question of promoting the building
of towns was considered, and a proclamation issued appointing
officers to superintend the execution of the Acts passed with that
object, and declaring that any words spoken or published to the
effect that building of towns is not for the good of the country
shall be construed as disaffection to the Government, and punished
accordingly. Order for suppression of Robert Gellie's ordinary at
St. Marie's, as prejudicial to the public. A criminal under sen-
tence of death for stealing a horse pardoned on condition of
becoming common hangman.
Sept. 15. Instructions to the officers appointed to execute the Acts for
promoting the building of towns. Full nominal list of those
officers, thirty-three in all. Order for entry of all goods shipped
to be made in his Lordship's shipping* offices. On the question
whether Colonels Henry Darnall and William Digges, joint keepers
of the great seal during Lord Baltimore's absence, should both
sign all instruments, the Council decided that Darnall alone should
sign, andl it was ordered accordingly. William Dent appointed
Clerk of the Lower House of Assembly.
Sept. 16. Proceedings against Giles Porter and others charged with drink-
ing the Duke of Monmouth's health and speaking treasonable
words. This report is at great length. [Col. Entry Bk., Vol.
LIV., pp. 39-62.]
Sept. 16. 865. Lords Proprietors of Carolina to Governor James Colle-
ton. Empowering him to remove Robert Quarry from all his
offices, and appoint other officers in his room, if need be. {Col.
Entry Bk., Vol. XXII., p. 98.]
Sept. 15. 866. Lieutenant-Governor Molesworth to William Blathwayt.
Jamaica. The sloop for which I was lying in wait escaped Captain Sprag,
but on further information I sent a sloop after her, under Lieu-
tenant Smith, of the Falcon, who came up with her just as nine
men left her in canoe, who escapedinto a creek where he could not
follow them. The captured sloop has been brought into Port
Royal, and the master is awaiting his trial for holding corres-
pondence with pirates. I caused search to be made for the nine
men, but without success. Captain Talbot has orders to keep out
guard-boats every night and do his best to surprise some of them.
I shall make severe examples of anv that are caught. Reed. 10
Dec. 1686. [Col Entry Bk., Vol. XXXI., pp. 196-197.]
Sept. 16. 867. Minutes of Council of New York. Order for Major
Patrick Macgregory to muster the Militia in all the counties and
report on them to the Governor. The Militia is to be exercised
P 2
244 COLONIAL PAPERS.
1686.
on at least four days in the year, one of which is to be October
14th, the King's birthday. A list is to be printed of the unenrolled
men between sixteen and sixty. All Militiamen failing to appear
when summoned will be fined ten shillings for the first offence,
twenty shillings for the second, and! forty or a month's imprison-
ment for the third. Order for Captain Lucas Santen to appear
with the troop of horse under his command on October 14th next,
and for Major Nicholas de Meyer to give notice to the captains of
loot within the city to draw out their companies on that day.
Orders to the King's revenue officers for the protection and regu-
lation of the revenue. [Col. Entry Bk., Vol. LXXIII., pp. 1A-5A.]
Sept. 16. 868. Minutes of Council of Jamaica. Message from the
Assembly, reporting their meeting. The Governor answered, recom-
mending them to raise money by an equal tax from their own
estates for their own security and for payment of debts incurred.
He ordered the Speaker to put the question directly to the vote,
that there might be no evasion, and suggested a parish-tax. [Col.
Entry Bk., Vol. XXXVI., pp. 133, 133 A .]
Sept. 18. 869. Minutes of Council of Jamaica. Petition of the Parish of
St. George, praying for relief from the burden of defending them-
selves against rebellious negroes in adjoining parishes, referred
to the Assembly, also that of Ann Symes, for compensation for
wounds received from the rebel negroes. Order for sundry pay-
ments v Message from the Assembly. A parish tax for part pay-
ments had been negatived, but for future defence against rebel
negroes had been affirmed. The Assembly suggested additional
duties on imports, to meet the past debts. The Council asked for
a free conference, to which the Assembly agreed. {Col. Entry
BL, Vol. XXXVI., pp. 133A-134A.]
Sept. 18. 870. Minutes of Council of New York. Enquiries as to the
information of Captain Matthias Nicholls against John Smith, of
the Customs, for refusing to take into the Custom-house a bale of
raw silk. Order for Smith to be arrested and brought before the
Council. On his appearance he apologised, but was fined ten
pounds, and it was the Council's advice that he be allowed to serve
no longer in any office belonging to the King's revenue. The
Governor forgave him the fine. [Co?. Entry BL, Vol. LXXIII.,
pp. 5A-7A.]
Sept. 18. 871. Lieutenant Governor Stede to Lords of Tradfe and Planta-
Barbados. tions. " Having no*w, through the goodness of God, in great
measure recovered my health and strength from the dismal and
epidemical distemper of this country called the belly-ache, which
has raered this year more than usual amongst all sorts of people,
and with which I have been miserably tormented above two
months," I am able to explain my long silence. In July I received
the King's orders as to St. Lucia, and sent away H.M.S. Mary
Rose, Captain John Temple, with a sloop, to execute the royal
commands therein, giving him at first ten files of landbmen to
attend the service there, which however were presently disbanded,
the Mary Rose being judged sufficiently well manned. Temple
AMERICA AND WEST INDIES. 245
1686.
therefore sailed to St. Lucia, executed his orders as well as he
coujd there, and proceeded to St. Vincent, where he found {he
' Indians and negroes very insolent, but few Christians living there.
It being the hurricane season and the weather growing foul,
Captain Temple sailed for Tobago, which has not only been never
visited by hurricanes, but has plenty of secure harbours. I hope,
therefore, for his safe and speedy return. Captain Temple sent the
sloop to me with an account of what he had done. This vessel
meeting with foul weather, was forced to run in to St. Lucia for
water, where she was received with a volley of small shot from
forty or fifty French, who called them thieves, pirates, and robbers,
though she was flying the King's jack and pennant. The com-
mander fired two or three patararoes towards the shore, which
made the French retire into the woods, no dlamage being done on
either side. The captain then went ashore and filled his water-
casks without hindrance, but found that the King's arms set up
by Captain Temple had been broken down. I send copies of the
papers sent me by Captain Temple, among which are the com-
missions given by French Governors to the subjects of these
islands to cut timber and to plant. If this had been reported
before, the French at Martinique would not be so well fortified
as they are, for I am told that they have no timber for fortification
in their own territories, but have built all with timber from St.
Lucia. Since the French Governor at Martinique is much dis-
gusted with what has been done at St. Lucia, and threatens
revenge, I have thought it best to send a copy of my orders to
Captain Temple, of my proclamation, and of other papers written
by me on that occasion.
I have received the King's order to admit Richard Harwood to
the Council. The appointment was such a surprise to the Council
that the members beggedi me to suspend his admission until they
had represented to you his incapacity to serve, and received your
further orders. They alleged that he stood under scandalous cir-
cumstances which disabled him for so honourable a trust, but
these not being known nor made to appear to me, I duly admitted
and swore him. On this, I presume, the Council have addressed
the King for his removal. I wish Mr. Harwood's education and
experience had rendered him better qualified ; but I never till
now knew that he was other than a loyal and honest man, nor
do I now know the truth of the stories against him. I have lately
called an Assembly, both for the collection of the Laws and for
the completion of the fortifications. I hope soon to give you a
full account as to your orders respecting Mr. Daniel and Sir
Bichard Button. 2^ closely 'written pages. Endorsed. Reed. 15
Nov. Read 20 Nov. 1686. [Col. Papers, Vol. LVIII., No. 53,
and Col. Entry Bk., Vol. VII., pp. 389-391.] Annexed,
871. I. Instructions of Lieutenant-Govern or Stede to Captain
John Temple, R,.N. You will sail to St. Lucia, and send
an armed party ashore there, as if to hunt, who will
discover from the inhabitants their numbers and the
resources of the Island, and ask them how they came
to be there without permission of the King of England.
246 COLONIAL PAPEBS.
1686.
If they answer, you unkindly you will do your best to
secure them and bring them away, but you will use no
act 01 hostility unless they first offer violence to you.
Then you will hoist the King's colours and read the
Proclamation. But if they answer you gently you will
cause them to set their seals to the document of sub-
mission to be subjects of the King of England. If they
(jjefuse to do this you will remove them, demolish all their
buildings and plantations, set up the King's arms on
some suitable tree and steer for St. Vincent and
Dominica, where you will perform the same service.
You will then repair to Martinique, but not so as to
expose yourself to the warships or batteries, and deliver
my letter to the Governor that the passengers and their
goods may be put ashore ; but if need be you will put
them ashore yourself as best you can. If weather force
you, you may put into Tobago instead of returning here
directly. Twelve articles. Signed, Edwyn Stede. 22
July 1686. Copy. Large sheet. Endorsed. Reed. 15
Nov. 86.
8<1. ii. Proclamation of Lieutenant-Governor Stede, calling
upon all foreigners who have made settlements on the
Islandte of St. Lucia, St. Vincent, and Dominica, without
the King's licence, to leave the Islands with their goods
or subscribe a paper acknowledging the sovereignty of
King James. They are further directed nt)t to fish or
fell timber without leave from the Governor of Barbados.
Signed, Edwyn Stede. 22 July 1686. Large sheet, en-
dorsed as the preceding.
871. in. Form of acknowledgment of the King of England's
sovereignty over St. Lucia, Dominica, and St. Vincent,
to be signed by the foreign inhabitants who wish to
remain thereon. 1 p. Endorsed as the preceding.
871. iv. Letter from Lieutenant : Governor Stede to Comte de
Blenac, Governor of Martinique. Announcing that, in
obedience to the King's orders, he has directed! all French
subjects to be removed from Dominica, St. Vincent, and
St. Lucia, and be transported in a King's frigate to
Martinique, with their goods, and desiring boats wherein
to land them. Dated, 22 July 1685. Copy. Endorsed
as the preceding.
871. v. Captain Temple, R.N., to the Governor of Martinique.
In obedience to my orders, I have ordered the French
subjects at St. Lucia to leave the Island, with their goods.
Some have peaceably obeyed but others will not, but fiy
into the woods when we approach. I must ask you to
send a vessel to fetch them oif, or I shall be compelled to
use force against them. I have also found much of the
King of England's wood cut, ready to be carried away by
some of the inhabitants of Martinique. This I must not
permit, and I beg that you will forbid French subjects
to fell timber, sow, plant, or fish on or about this Island,
AMERICA AND WEST INDIES. 247
1686.
unless they acknowledge the sovereignty of the King of
England. Dated, 30 July 1686. Copy. l\ pp. En-
dorsed as the preceding.
871. vi. Journal of Captain Temple's voyage to St. Lucia and
St. Vincent. Sunday 25 July. Sailed from Speight's
Bay at 10 p.m. Monday 2Qth. Sighted St. Lucia at
2 p.m. Lay off and on till next morning, when went
ashore about noon with fifty armed) men at Pigeon Island,
where wo found two houses but no one in them. After a
time a Frenchman came to us who had run into the
woods. On speaking to him, he said that he durst not
acknowledge the sovereignty of the King of England for
fear of the Governor of Martinique. Hoisted the flag
and read the proclamation, then crossed to the Main
Island, picked up a canoe on the way, and carriedl the
people on board her ashore. Came to a house, but found
no one in it. On announcing my business, these men
gave the same answer as the first. Tuesday 21th (sic).
Went ashore to remove the people with their goods, as
they had promised should be done, but found they had
removed their goods and hidden themselves in the woods.
Wednesday 28th. A French sloop came in to cut wood.
Ordered them to abstain, and to wait and carry off the
inhabitants. Saw several houses andl persons before land-
ing, but on reaching the shore found no one. Thursday
29th. Went ashore and burnt the houses. Friday 30th.
Sent the master of the French sloop ashore, to induce
his countrymen to depart, but he could find none. Set
fire to all houses in the bays in these parts, and destroyed
the plantations, but left their goods at the water-side.
Saturday 31st Went ashore again, when a party of
Frenchmen came down and called us pirates, heaving
billets of wood at us. Fired a shot or two at them, and
they fledl into the woods. Saturday, August 1st. Went
ashore again, found no one, destroyed more houses.
Monday 2nd. Went ashore again, and continued yester-
day's work. A Frenchman appeared, and announced his
readiness to leave the Island for Martinique. Tuesday
3rd. Sailed for St. Vincent. Wednesday 4zA. Anchored
before St. Vincent at 11 a.m. Several Indians on shore,
with bows andl arrows. Manned the boat and discoursed
with them from the sea, assuring them that I meant them
no harm. They retired behind a bank, and stood ready
to let fly at us, using very base language and firing
several arrows at the sloop. We fired at them, and they
fled into the woods. Burnt their houses and went off.
Thursday bth. Weighed and sailed to Leeward. The
Indians shot several arrows as the boat neared the shore,
but at our landing they disappeared. Burnt their houses
and destroyed their plantations. At the door of one of
the houses found a letter written by a French Jesuit,
Copy. 4 pp. Endorsed as the preceding.
248 COLONIAL PAPERS.
1686.
871. vii. Captain Temple to Lieutenant Governor Stede. The
bulk of this letter is simply an abridgment of the journal
given in the preceding abstract. The reason for my not
going to Dominica is that we fear a hurricane. Dated,
6 August, 1686. Copy. \\ pp. Endorsed as the pre-
ceding.
871. vni. The same to the same. Reporting a further skirmish
with Indians at St. Vincent. Dated, 10 August 1686. 1 p.
871. ix. Pass from the Governor of Martinique for carpenters
to go and cut wood at St. Lucia. Signed, Le Conte (sic)
de Blenac. 3 Sept. 1679. 1 p. Endorsed as the pre-
ceding.
871. x. A similar pass. Signed, Chambly. 22 Janvier 1683.
Scrap. Endorsed as the preceding.
871. xi. A similar pass. Signed, Blenac, and countersigned,
Larmoigneux. Endorsed as the preceding.
871. xn. Father Combaud to [the English commander].
Having been obliged! to follow the Caribs, in order
to baptise the poor children who might die of fatigue
and to help those whom it might please God
to inspire with Christian feelings, I have left this
letter at your door to ask your protection for one of
our brothers, who is with me in this Island, and for two
servants, a Frenchman and a little Carib, who has lived
with us for seven or eight years at Martinique but has
been frightened into leaving us. I beg your protection
also for myself, for my little hut, and for all that belongs
to us. Count de Blenac, in the patent which he gave us
three months ago, on our departure for St. Vincent, begs
all foreigners to assist us, and our superiors also thought
of asking protection of the English General for the mis-
sionary fathers at St. Vincent. I hope that you will
anticipate this favour, for which we shall be greatly
obliged to you. Signed, Pierre Combaud, Jesuit. Dated,
a la Grande Savanne, St. Vincent, le 15 Aout 1686. 1
pp. Endorsed as the preceding. This is evidently the
letter mentioned in No. VI.
871. xni. Deposition of John Woolven and Joseph Blake. Put
in with their sloop at Martinque for wood and water,
but were refused. The Governor said they might go to
St. Lucia for it. He added that a pirate, who called him-
self Temple of the Mary Rose, had been at St. Lucia,
which was the French King's, and had driven the French
off the island, but that he had raised five hundlred men
and two men of war, which deponents saw lying in the
harbour, to fight Temple. The Governor also said tnat
he would pull down the King's arms set up by Captain
Temple in St. Lucia, and would know by what authority
ihe French in the Island had been disturbed. Sworn
before Edwyn Stede. 15 Sept. 1686. Original. 1 p.
Endorsed as the preceding. [Col. Papers, Vol. LVIII.,
Nos. 53 i.-xm.]
AMERICA AND WEST INDIES. 249
1686.
Sept. 19. 873. Warrant of the King to Governor Dongan. For the
delivery of the fort and country of Pemaquid to Sir Edmund
Andros. [Col Entry Bk., Vol. LXI., pp. 307-308.]
[Sept. 20.] 873. Petition of Christopher Rennolls and others to Governor
Dongan. Claiming a bale of silk picked up by them at sea, as
part of the crew of the Mariner's Adventure, as salvage. 1 p.
Endorsed. A reference of petition by the Council of New York
to Captain Matthias Nicolls. Sept. 20, 1686. Signed, J. Spragge.
ICol. Papers, Vol. LVIII., No. 54.]
[Sept.] 874. Captain Matthias Nicolls to Governor Dongan. On the
petition of the seamen of the Mariner's Adventure, I find that a
proportion of salvage is due to the seamen, as well as to the oflicers
of the ship, to be divided among them according to their qualities.
Signed, M. Nicolls. 1 p. Undated. [Col. Papers, Vol. LVIII.,
No. 55.]
Sept. 20. 875. Minutes of Council of New York. Captain Christopher
Billop gave evidence of scurrilous language used by Captain
Santen against the Governor, and as to frauds on the revenue in
Long Island). Ordered that Mr. Santen give in all his papers to
the Auditors, and all money due to the King to Governor on
October 6th, also a weekly account of the money received by him
on the King's account in future. Petitions of the master and men
of the Mariner's Adventure referred to paptain Matthias Nicolls.
[Col. Entry Bk., Vol. LXXIII., pp. TA, SA.]
Sept. 20. 876. Minutes of Council of Jamaica. Report of the free con-
ference. The Council would not consent to the additional duty on
imports, and the Assembly would not give way. Message to the
Assembly that the Governor could not consent to the additional
dtuty. Order for all members of Council to attend its service,
under pain of a fine of five pounds.
Sept. 21. Mr. Speaker reported that the Assembly had voted for a com-
mittee to draw up a Poll Bill, to pay the debts incurred for sup-
pression of the negro rebellion. [Col. Entry Bk., Vol. XXXVI.,
pp. 135, 135A.]
Sept. 23. 877. Minutes of Council of New York. The Governor sent
for Mr. Santeii, and admonished him to be more civil and more
diligent in future. He proposed! Messrs. Edward Antill, Paulus
Schrick, and Thomas Coker as his under-officers. Resolved that
the Excise be farmed out. Order as to land-patents, and as to the
better protection of the revenue in Long Island. [Col. Entry Bk.,
Vol. LXXIII., pp. SA, 9A.]
Sept. 23. 878. Records of several documents. (1.) Deeds of Indian
Sachems, making over land to the inhabitants of Hampstead, July
IT, 1643, and 11 May 1658. (2.) Of the delivery of a letter by
the Rev. Josias Clarke. (3.) Of the appointment of John Hand as
Emmanuel Windsor's attorney. [Col. Entry Bk., Vol. LXXIV.,
pp. 13-28.]
250 COLONIAL PAPERS.
1686,
Sept. 24. 879. Minutes of Council of Jamaica. The Message of the
Assembly as to the Poll Bill having been considered, the
Lieutenant-Governor replied that he would hear of no more pro-
posals from them; but that if they agreed to vote 1,OOOZ. to be
paid to the suppressors of the negro rebellion before Christmas, he
would consent that the remaining debts should be charged on an
Act for additional duties on imports. The Speaker ordered to put
it at once to the vote whether they will do as much or no, and! if
the House refuse to put it to the vote or pass it in the negative,
to adjourn the House and report to the Lieutenant-Governor. The
Speaker reporting that the Assembly refused to put it to the vote,
the Lieutenant-Governor dissolved them. Copy of his speech.
The field-officers summoned to advise as to the redaction of rebel-
lious negroes. Account of the sufferings of St. George's, St.
Mary's, and St. Thomas's parishes from those negroes. The
Governor proposed martial law, but Major Archbold offered to do
the work with volunteers. Other officers made like offers, which
were accepted on trial, to see if these measures would! prove
effectual. \_Col. Entry BL, Vol. XXXVI., pp. 136-140.]
Sept. 24. 880. Lieutenant-Governor Molesworth's speech to the
Assembly of Jamaica. I had intended to sum up to you your
whole proceedings up to this day, but your own minutes are
sufficient to shew my integrity towards you, and your own unsteady
and double dealing. I shall only remind you that you have all
of you acknowledged the necessity of raising the money required
and voted that necessity unanimously, but have since been so
cautious not to affect yourselves therewith that you have omitted
nothing, however unreasonable, to ease yourselves therein, and
would resolve upon nothing that might burden yourselves. You
have been so fickle and inconstant that nothing was to be depended
on from you. You have on several occasions voted one thin? one
day and contradicted it the next, so that your whole proceedings
have been nothing but a confused medley of contradictions. Never
was the venerable name of Assembly so dishonoured as at this
time. All things have been carried not by strength of argument
or reason, but by noise and number of voices, led by malice and
followed by ignorance. Since, therefore, your whole aim seems
to be to take some little care of yourselves, but none of the poor
people by whose labours and hazards you have so long slept in
security, or of the generous persons who voluntarily advanced
money for your service, I do in the King's name dissolve you, and
you are hereby dissolved. 1^ pp. Endorsed. [Col. Papers, Vol.
LVIII., No. 56.]
Sept. 26. 881. "Warrant for the delivery of the seal of New England io
Windsor. Sir Edmund Andros. {Col. Entry BL, Vol. LXI., pp. 311-312.]
Sept. 27. 882. Minutes of Council of New York. Order that Lieut-
Colonel John Young, being very ancient and of insufficient estate,
be not sworn of the Council until the aforesaid reasons be sub-
mitted to the King. Order for the suspension of Peter de le Roy
from his post in the King's revenue, he being under suspicion of
AMERICA AND WEST INDIES. 251
1686.
false dealing in former years. Mr. Santen proposed Mr. Richard
Jones to take his place, to which the Governor assented. Testi-
mony of Edward Antill against John Smith, of saying that all the
Roman Catholics here are villains. Petition from John Smith,
praying for a rehearing of his case and re-admission as an officer
of Customs. Refused \Col. Entry Bk., Vol. LXXIII., pp.
9A-12A.]
Sept. 28. 883. Lieutenant-Governor Molesworth to William Blathwayt.
Jamaica. I dissolved the Assembly on the 24th instant. The Minutes of
Council will explain to you my reasons, so I shall add little. They
voted a Poll Bill, which, as agreed on, would have answered our
ends, and directed their committee to lay a chity on offices and
titles, together with a charge on Plantations. The Committee
drew up the Bill accordingly, but the House at the first reading
threw it out by sixteen to lour, giving no other reason for this
sudden change than that they had been caught in an unwary
moment, and found the tax unequal. The Speaker informed me
of it, and added! that he thought they would make some other offers
to raise 1,5001. for present and future parties ; but I answered that
they had been so fickle and inconstant that I would hear no more
from them, but would show them that I was unalterable. I
delivered my Bill therefore to him, and charged him to put it to
the vote, directing Him, if they threw it out or refused to vote
upon it, to adjourn till morning and! bring me word what they
had done. He accordingly informed me that they had refused
to allow it to be put to the vote with such tumult and noise that
he feared the House would have gone together by the ears if he
had not adjourned it. He added that the majority was so com-
posed! that nothing could be expected from them, which was my
own opinion. I therefore proposed to the Council to dissolve them
next morning, and! did so with the enclosed speech (see No. 880).
Directly after the dissolution, I sent for all the field-officers that
were among them, and proposed to the Council to enforce martial
law for the reduction of some outlying and rebellious negroes about
the parish of St. George's, who have been more mischievous than
formerly and demand immediate suppression. On this Major
Arclibold, member for this parish and one of the disaffected
members, seeing how ill he should be able to justify himself to the
electors, offered to march in ten days with thirty volunteers, at no
expense to the country, and remain at the work till he had done
something considerable. He named others in the same predica-
ment as himself who would do the same with parties of twenty,
which undertaking I expect will be fulfilled in the same spirit as
the proposals and votes of the House have been. However, to take
from theni the pretext for reflecting upon the Government, the
whole Council decidled that martial law should be deferred till it
should be seen what these volunteer parties could produce. As
soon as it is found to fall short of what is required, another Council
will be called to proclaim martial law, and I shall order out suffi-
cient parties against the negroes to destroy them or to force them
into the remotest parts of the Island. The numbers of these rebel
negroes is variously reported at from forty to one hundred. They
252 COLONIAL PAPERS.
1686.
are supposed to have been formed first by negroes saved from a
shipwreck on the easternmost part of the Island sixteen or
seventeen years ago, who, having associated with themselves other
runaways, have made themselves plantations in the mountains
from which they descend into the plains in great numbers for
provisions, often doing much mischief in obtaining the same.
Three parties are constantly abroad out of the parishes of St.
Mary, St. George, and St. Thomas, to prevent this, which is so hard
a duty and so discouraging to the poorer sort of people, that those
of St. George's, unless relieved, are prepared to desert their settle-
ments. I expect the most obstinate opponents will be convinced,
after a little smarting under martial law, that it is better to pay,
by wav of tax, others to do this duty, than to have our servants,
horses, and even our persons commanded away at the will of an
officer without contradiction. I hope, therefore, that the next
Assembly will complv as to that point. I hope also that no future
Governor will comply with them as to their security until they
have repaid the money borrowed for payment of former war-parties.
I send authentic copies of an Act for ascertaining the time for the
servitude of rebels, and for better recovery of fines and forfeitures,
also three private Acts. I beg that they may be confirmed as
early as possible. [Col. Entry Bk., Vol. XXXI., pp. 185-191.]
Sept. 28. 884. Journal of Assembly of Barbadlos. Act for an impost on
liquors read twice, also an Act for appraisement of negroes and
slaves. Adjourned to 29 November. [Col Entry Bk., Vol. XIV.,
p. 161.]
Sept. 29. 885. Receipt by the Governor of New England for the new
seal of New England. Signed, E. Andros. 1 p. Endorsed.
Reed. 12 Oct. 86. [Col. Papers, Vol. LVIII., No. 57, and Col.
Entry Bk., Vol. LXI., p. 312.]
Sept. 30. 886. Minutes of Council of New York. Order for the survey
of land newly purchased in Long Island. Mr. Peter Schuyler
reported that he had heard) that there were two hundred French
waiting in the woods for the people of New York. Ordered that
those who have licence to trade with the Indians do not go to the
south "west, but travel to the Ottawas through the Sinoques
country, meeting the traders for Albany on the way. Detailed
orders for the guidance of the traders. [Col. Entry Bk., Vol.
LXXIII., pp. 12A-15A.]
Sept. 887. Sir Thomas Pinfold's report on the affront to H.M.S.
Dartmouth, at Porto Rico (see No. 078 v.). The outrage offered by
the Spaniards is of such a high nature that it cannot be recom-
pensed otherwise than by the lives of the chief actors therein. Yet
that the treaties with Spain may be inviolably kept on this side,
I recommend that a process be issued from the High Court of
Admiralty, with due notice to the Spanish ambassador here, calling
on the Spaniards to shew cause for their conduct. This done, the
King of Spain is bound to do justice on the Governor of Porto
Rico and give good satisfaction. As to the damage claimed by
Thomas Bisse, process should be issued! calling upon the pirate
AMERICA AND WEST INDIES. 253
1686.
captain or any others concerned to justify their seizure of the
negroes. If the King of Spain delay or refuse satisfaction, letters
of reprisal are to be granted. Signed, Tho. Pinfold. 1^ pp.
Endorsed. Sept. 86. \Col. Papers, Vol. LVIII., No. 58.]
Oct. 1. 888. Order of the President and Council of New England
as to Cambridge College. That Gibbes, Rogers, Mitchell,
and Dudley be scholars of the house for the year ensuing,
and be allowed at least five pounds apiece. Added to extract of
Minutes of Council of 23 July. [Col. Papers, Vol. LVIII., No. 6.]
Oct. 1. 889. Minutes of Council of New York. Acts and orders for
the regulation of the Indian trade of Albany read a first time.
Petition of Edward Antill, complaining of abusive language used
towards him by Lucas Santen. Mr. Innes, minister, brought in
a table of Holy days. Order for the closing of the Custom House
(except on urgent occasions) on all Sundays and on thirtv-four
other days. Mr. Santen not appearing as he had promised, the
Governor sent for him five times, when he brought a petition
begging that Antill's cause against him might be heard. [Col.
Entry BL, Vol. LXXIII., pp. 15A-19A.]
Oct. 1. 890. Grant of Crown lands by Governor Dongan to William
New York. Fisher (pp. 12-14) and Anne Garton (pp. 14-21). [Col. Entry Blc.,
Vol. LXXIII., pp. 12-21.]
Oct. 2. 891. William WollifordPs receipts for freight and salvage-
New York, money received for a bale of silk brought into New York. 1 p.
Endorsed. [Col. Papers, Vol. LVIII., No. 59.]
Oct. 2. 892. A second receipt by Wolliford and his mate for their
share of salvage-money for the same. Scrap. Endorsed. [Col.
Papers, Vol. LVIII., 'No. 60.]
[Oct. 2.] 893. An account of the value of the bale of silk, its value and
the apportionment of the shares. Signed, M. Nicolls. Long sheet.
[Col. Papers, Vol. LVIII., No. 61.]
Oct. 4. 894. Minutes of Council of New York. Lieut. -Colonel John
Young sworn of the Council, Major Brockholes being absent.
Acts and! orders for regulation of the Indian trade at Albany read
and approved. New order on the same subject. Order for the
Sheriffs to ascertain the numbers of the Militia and statistics of
births, marriages, and deaths and other matters relating to the
population. [Col. Entry BL, Vol. LXXIII., pp. 19A-22A.]
Oct. 4. 895. Certificate of agreement arrived at between the Surveyor-
New York. General of Customs and William Wolliford, that the ivory brought
in by him should be carried to England, when Wolliford should
give satisfaction to the East Indian and African Companies that
he had not encroached on their privileges. Signed, Pat, Mein.
| p. Endorsed. [Col. Papers, Vol. LVIII., No. 62.]
254 COLONIAL PAPERS.
168&
Oct. 4. 896. Record and entry of (1) Appointment of Abraham
to Depeystes and Charles Lodowyck, of New York, as attorneys of
Oct. 8. Benjamin de Jeune. (2.) Of Charles Lodowyck as attorney to
Gerard van Heythuysen. (3.) Commission of Alexander Innes as
chaplain of New York garrison, 20 April 1686. (4.) Letter of
administration from the Archbishop of Canterbury to Joshua
Lasseur. (5.) Certificate of the Lord Mayor of London covering
a letter of attorney from Peter Renew. \Col. Entry Bk., Vol.
LXXIV., pp. 28-41.]
Oct. 5. 897. Lieutenant-Governor Molesworth to William Blathwayt.
Jamaica, j am comforted and satisfied to think that the King and great
Ministers think well of my services as Governor, but to be advised
at the same time that the King was giving away half of my salary,
if not the perquisites, is a great discouragement, especially since
there are few, if any, examples of a cause so disputable being
decidted after hearing of one side only. I still hope that the King
will hear my side, and beg you to lay the matter before the
Lords. They cannot fail to see the difference between my case
and that contemplated by the Order in Council. The Lieutenant-
Governor therein mentioned must be 'dependent on an absent
Governor, who has been actually vested with the government on
the spot, which was not the case with Sir Philip Howard or the
Duke of Albemarle. To suppose otherwise would be to infer that
Governors are Governors from the moment that their commissions
are signed. By my first commission, on the death of Sir Thomas
Lvnch I was virtually Governor, with the same powers and
instructions. The instructions directing what the salary should
be, give me the same right to it as Sir T. Lynch. My latter com-
mission differs from the former only to my advantage, since it is
not determined by the commission of the present Governor; and
to strengthen this, Sir Philip Howard's Commission and Instruc-
tions were sent to me. Moreover, this salary is not paid from the
King's Treasury in England, but out of his revenue here, raised
by an Act which declares it to be for the support of the Govern-
ment and no other use whatever, except what is set apart for the
fortifications. I have borne the charge of government alone, and
have lived up to it, in the belief that the whole salary was due,
as creditably as my predecessors, so the loss would fall heavier on
me. And what the consequences may be of perverting the inten-
tions of the Act upon other Assemblies, I leave their Lordships
to guess. They are always ready to lay hold of such a pretence
as an excuse against raising money. I beg, too, that the matter
may be laid before the King, and that if an order has been passed
against me unheard, it may be suspended until both parties can
be heard at the Council-table, or that at least the claims of Sir
Philip Howard and the Duke of Albemarle may be limited by the
dates of their commissions. If any objection be offered to my
perquisites by the Spanish trade, I beg that it may be remembered
that that trade has been wholly produced by my credit as a
merchant, without which there would have been neither trade nor
payment. Whatever the King may order shall be received by me
with satisfaction, and I beg that I may be apprised of it as soon
AMERICA AND WEST INDIES. 255
1686.
as possible, to save or end disputes. The Lord Treasurer's letter
has not reached me. Unless it be in the box with the Great Seal,
it may probably have fallen into the hands of interested persons.
As soon as the Council can be called together, Byndloss's reflec-
tions on Beeston shall be examined. I have lately received ten
prisoners restored by the Governor of Havana. He also sent me a
certificate that the Spaniard in our hands was not the man who
robbed the ketch for which he was condtemned, so that I am
very glad that the King has pardoned him. Tankey, the
privateer, has taken a Spanish vessel with fifty thousand dollars
off Havana. If we could meet with him, this would be a good time
to call him to account for the English sloop that was condemned
at Petit Guavos, but he is said to be bound northward. The
Governor of Havana told me that the Governor of Florida had
been much alarmed by Grammont, whom some of the people
of Carolina were said to have joined. He begged that measures
might be taken to restrain English settlements from joining with
pirates. Reed. 4 Dec. 1686. [Col. Entry Bk., Vol. XXXI., pp.
177-184.]
Oct. 6. 898. Admiralty accounts of 1685 as to seizures and trials of
Jamaica, pirates passed in Council, 6 October 1686. Cr. 38Z. Dr. 31/. H
pp. Copy. Endorsed. [Col. Papers, Vol. LIII., No. 63.]
Oct. 7. 899. Minutes of Council of New York. Sundry petitions.
Mr. Santen produced his papers and an answer to the Order in
Council of 20 September, which was deemed insufficient. He was
allowed till 21 October to execute the directions of the Order in
Council. [Col. Entry BL, Vol. LXXIII., pp. 22A, 23A.]
Oct. 9. 900. Proceedings in the Admiralty Court of Jamaica, against
Port Royal, the Swallow, pirate, seized by Captain Talbot as an unfree ship ;
with copy of the sentence of acquittal declared on 10 November
1686. The whole. 4 pp. Endorsed. [Col. Papers, Vol.
LVIII., No. 64.]
Oct. 10. 90L Memorandum to Lords of Trade and Plantations. To
represent that several persons are at work upon the discovery of
mines in New England, which may prove to be very profitable, and
may better be directed from England than from any colonial port ;
and to beg that mines in New England may not be included in
any general grant of mines in America without hearing the
Governor or the parties concerned in New England. Draft. I p.
Endorsed. 10 Oct. 1686. [Col. Papers, Vol. LVIII., No. 65.]
Oct. 11. 902. Petition of the principal freemen of Providence Planta-
tion, New England. Resigning all charters -end privileges, and
asking for pardon and indulgence ; begging that the Colony may
be annexed to the Governor of Massachusetts, New Plymouth, and
the King's Province, being almost in the centre of all three, that
it may share in the religious indulgence granted to others, and
that the signatories may not be looked upon as consenting to any
address or agency in any other sense, nor obliged to pay taxes for
256 COLONIAL PAPERS.
16S6.
the cost of such % p. Signed, Thomas Field, Nathaniel Water-
man, Richard Smith (for Christopher Robards), Silas Carpenter,
Benjamin Carpenter, Jeremiah Rhodes, Timothy Carpenter,
Thomas Harris. Endorsed. Reed. 14 Dec, 86. [Col. Papers,
Vol. LVIII., No. 66.]
Oct. 11. 903. Minutes of Council of New York. Order regulating the
precedence of the captains of the foot-companies in the city.
Nicholas Bayard, the Mayor for the year ensuing, took the oath
of office, as also Mr. John Knight, Sheriff. [Col. Entry Bk., Vol.
LXXIII., pp. 23A, 24A.]
Oct. 12. 904. List of papers delivered to Sir Edlmund Andros, with
his receipt for the same. Signed, E. Andros. 1 p. Endorsed.
[Col. Papers, Vol. LVIII., 'No. 67, and Col Entry BL, Vol.
LXXIII., p. 315.]
Oct. 13. 905. Journal of Lords of Trade and Plantations. Petition of
Peter Reverdy read, and referred to Sir Edmund Andros (see No.
855). The question of the mint at Boston considered. Order that
the arguments put forward in its favour be sent to the Commis-
sioners of the Mint. Petition of Mr. Mason readl, asking for an
early hearing of the appeal of William Vaughan. Agreed to
appoint a day, and give all parties notice. Mr. Randolph's letter
of 28 July read (see No. 794).
Act of the Leeward Islands for government of convict rebels
read and approved. Sir Nathaniel Johnson asked for recruits for
the two companies at St. Christopher's. The Lords agree that no
recruits should be sent until Sir Nathaniel has reported on the
true condition of the companies. Petition of Thomas Cook read
and referred to the Judge of the Admiralty (see No. 910).
Sir Robert Robinson's proposals for stores and ammunition for
Bermuda, and as to his salary, read. The Lords gave orders for
an account shewing the salary and profits of the Governor in the
time of the late Company. [Col. Entry BL, Vol. CIX., pp. 15-19.]
Oct. 13. 906. Memorandum of Lords of Trade and Plantations. On
the representation of Sir Nathaniel Johnson, the Lord President
was moved to bring before the King the necessity for recruiting
the two companies of foot-soldiers at St. Christopher's. [Col.
Entry BL, Vol. XLVII., p. 212.]
[Oct 13.] 907. Petition of Robert Mason to Lordls of Trade and Planta-
tions. I am come to answer the appeal of William Vaughan. The
ships for New England sail shortly. Pray appoint an early day. 1 p.
Endorsed. Read at Committee, Oct. 13, 1686. [Col. Papers, Vol.
LVIII.,*No. 68.]
[Oct 13.] 908. Sir Robert Robinson's proposals concerning Bermuda.
Repeating his request for guns (see No. 845), begging that in
consideration of his salary the expense of his outward voyage may
be considered, as well as his previous services, and asking for
passage in a man-of-war. Cornj. 1 p. Endorsed. Read 13 Oct.
86. [Col. Payers, Vol. LVIII., No. 69.]
AMERICA AND WEST INDIES. 257
1686.
Oct. 13. 909. Lords of Trade and Plantations to the King. "We do
not favour the proposal to re-establish a mint at Boston, but we
think that Sir Edknund Andros should have power to regulate
pieces-of-eight and foreign coin. [Col. Entry Bk., Vol. LXI., p.
3*5.]
[Oct 13.] 910. Petition of Thomas Cook, of Cork, in Ireland, to the
King. My ship, the O'Brien, was seized by H.M.S. Dartmouth, in
March last on pretence that she had candles on board her, and
carried to Antigua. She was condemned at an Admiralty Court
at Nevis, and then condemned for carrying candles andl also as an
unfree bottom. I am told that all their proceedings are contrary
to law, and I appeal to your Majesty. 1 p. Inscribed. Reed.
1 Oct. 86. Read 13 and 26 Oct. On the margin. Fragment of
an order referring the petition to the Lords of Trade
and Plantations. Signed, Middleton. Dated 19 Sept. 86.
Copy of this reference in Col. Entry Bk., Vol. XLVII., p.
230. [Col. Papers, Vol. LVIII., No. 70.]
Oct. 13. 911. William Blathwayt to Sir Thomas Exton. Forwarding
the petition of Thomas Cook for his report. [Col. Entry Bk., Vol.
XLVII., p. 230.]
Oct. 16. 912. Journal of Council and Assembly of Nevis. The Assembly
was sworn. No proposals were offered. [Col. Entry Bk., Vol.
XLVIII., p. 124.]
Oct. 18. 913. Proceedings of a special Court held at Charlestown, Nevis,
for the trial of the ship Soldad, captured as a pirate by Captain
Bear. Information of John Bear, that when searching for the
ship which had plundered Tortola, he was piratically assaulted by
tiie ship La Soldad, but repelled the assault and captured her, but
not her crew. Depositions of his crew, confirming his story.
Depositions of three witnesses, identifying the ship as having been
formerly the property of another pirate. Names of the jury.
Copy of the verdict, finding the ship to be a pirate. Judgment
accordingly. Certified copy. 8 pp. Endorsd. Reed, from Sir
Ja. Russell, 18 March 1686-7, [Col. Papers, Vol. LVIII., No. 71.J
Oct. 18. 914. Petition of the Royal African Company to the King. We
have struggled under great difficulties to support the great expense
of maintaining our forts and factories abroad, whereby we have
kept the African trade from falling wholly into the hands of the
Dutch. But we have gained little for ourselves, owing to the
injury dlone by interlopers contrary to your royal charter, which
by litigation in the King's Bench has been declared to be agree-
able to the laws of England. Yet interlopers still ep to the Coast
of Guinea, and will, most of them, go thence to the Plantations,
where, in spite of your orders to seize and condemn them, the
negroes are put ashore in remote ports and creeks, and your order
thus evaded. We beg that orders may be issued to the Governors
that interlopers and such as work with them may be punished with
fine and imprisonment. [Col. Entry Bk., Vol. XCVII., pp. 117-
120.]
;. Q
258
1686.
Oct. 18.
COLONIAL PAPERS.
Reference of the foregoing to Lords of Trade and Planta-
tions for report. Signed, Sunderland. Whereupon the Lords
agreed! to insert a clause in the instructions of the several
Governors. Copy of the clause. [Col. Entry Bk., Vol. XCVII.,
pp. 120-122.]
Oct. 18. 915. Minutes of Council of New York. The Governor in-
formed the Council that Mr. Santen had not brought in the weekly
accounts required of him since 6th October. On the petition of
Richard Smith, it was ordered that no person stop or arrest an
Indian on the " whaling design," on penalty of a fine of 100?.
\Cd. Entry Bk., Vol. LXXIII., pp. 24 A , 25A.]
Oct. 19. 916. Commission of Lucas Santen to Richard Rogers, as land
waiter and searcher at New York. 1 p. [CoL Papers, Vol.
LVIII., No. 72.]
Oct. 19.
Treasury
Chambers.
917. Henry Guy to William Blathwayt. Forwarding instruc-
tions for the Governor of New England, with the report of the
Commissioners of Customs thereon, andl a paper of alterations.
Signed, Hen. Guy. \ p. Endorsed. Enclosed,
917. i. Commissioners of Customs to Lords of Trade and Planta-
tions. The instructions submitted to us are almost
identical with those issued for Virginia and Maryland.
New England, however, differs from them, since none of
the enumerated articles grow in New England, but are
brought there in the way of trade from other Colonies.
We nave, therefore, suggested alterations. Signed, W.
Dickinson, Ch. Cheyne, D. North, Jo. Werdlen, J. Buck-
worth, T. Chudleigh, Sam. Clarke. l\ p. Endorsed.
[Col. Papers, Vol. LVIII., Nos. 73, 73i., and (enclosure
only] Col. Entry Bk, Vol. LXI., p. 329.]
Oct. 19. 918. Richard Stafford to John Tucker. I and four more were
Plymouth. sen t prisoners on board H.M.S. Dartmouth, when she arrived, and
not allowed to go ashore. We were carried to New England, and
again not allowed to go ashore. We were then sent on board
another ship with a guard, with one pound of Indian corn a day
per man and not a drop of water or drink. We are now in Ply-
mouth Harbour, and I hear we are to be delivered to a Secretary
of State as rebels. What they have against me I know not. We
have no money nor means of paying our expenses. Use your
interest that we may not be brought ashore as rogues. At New
England), Randolph came on board, pitied us much, blamed our
guards for not releasing us, and gave me a letter to you. Signed,
Richard Stafford. Holograph. 1 p.. Endorsed. Reed. 23 Oct.
86. Memorandum in Entry Bk., Mr. Atterbury, the messenger,
Ordered to take them into custody as soon as the ship comes into
the river. [Col. Papers, Vol. LVIII., No. 74, and (in part) Col.
Entry Bk., Vol. XVIII., pp. 89, 90.]
[Oct. 19.] 919. Account of the profits accruiner to the Government of
Bermuda. Crown lands, 600?. ; whale-fishery, 100?. The Assembly
generally raised taxes equal to 100?. per annum; the Company
AMERICA AND WEST INDIES. 259
1686.
sometimes levied in England by duties 1,500Z. more, of which it
allowed the Governor 501. for salary. 1 p. Endorsed. The King
declared his pleasure Sir Eobert Robinson should! have 400Z. a
year, viz., 100/. from the whale fishery, 60/. from Crown lands, and
240J. from England. 19 Oct. 1686. [Col Papers, Vol. LVIII.,
No. 75.]
Oct. 20. 920. "A list of the Council of Jamaica, as desired by the
Duke of Albemarle, 20 Oct. 1686." Hender Molesworth, Sir Henry
Morgan, Sir Charles Modyfoiyl, Sir Francis Watson, Robert Bynd-
loss, James Walker, Thomas Freeman, John Cope, Thomas Ballard,
Thomas Fuller, John Bawden, Samuel Barry. \ p. Endorsed.
[Col. Papers, Vol. LVIII., No. 76.]
Oct. 20. 021. "Proposals of the Duke of Albemarle to the Lords of
Trade and Plantations, readl 20 October 1686, the African Company
being called in." All negroes first to be lotted shall be set from
five to at most ten in a lot, whereof the majority shall be men,
none over forty or under fourteen years of age ; no sick or
infirm negroes to be put in a lot. Four sworn men, two to be
named by the Governor and two by the Company's factors, to
divide every ship-load of negroes into lots, and to receive sixpence
or a shilling a head for their pains. Any man who will buy a lot
shall have it at \llan1c] a head, paying in bills of exchange at sixty
days' sight. The factors are sufficient judges of the solvency of
buyers ; the common custom for bills returned protested! to Jamaica
is 25 per cent., while the drawer must pay if his bill be not satisfied
in England. Merchants or planters residing in England may
contract with the company for negroes on the same terms. 1 p.
Endorsed with the dbdve heading. [Col. Papers, Vol. LVIII., No.
77.]
Oct. 20. 922. Libel of the Admiralty Court of Jamaica against Richard
Hollins, for harbouring pirates. Copy. 1^ pp. Endorsed. 20
Oct. 1686. [Col. Papers, Vol. LVIII., No. 78.]
Oct. 20. 923. Lieutenant-Governor Stede to Lords of Trade and Plan-
tations. Since my last, Captain Temple is returned! from Tobago,
thank God, though we have hadl little stormy weather this year.
While there he was informed by some, of the inhabitants that the
commander of a brigantine belonging to Martinique, but then
lying at Tobago, had often been heard to say that if he met any
English vessels at Tobago he would take them and confiscate them,
having a commission from Count de Blenac to confiscate all English
vessels found in the harbours of that Island, which was the property
of the French King by conquest from the Dutch in the last war.
He said further that St. Lucia, Dominica, and St. Vincent belonged
to the French crown. The inhabitants also informed Captain
Temple that they suspected this French commander to be a sea-
rover and on some piratical design, being armed and manned
for more than his ostensible business, to fish and hunt at Tobago.
Captain Temple gave the more credit to this, inasmuch as his
pinnace, being at some distance from the frigate, was attacked by
two or three large periagos full of Indians with some white
Q2
260 COLONIAL PAPERS.
1686.
men among them, who fired several arrows and killed two men.
The pinnace put them to flight, took two of the boats, and some
of the Indians. The rest, with the whites, saved themselves by
swimming, but in the boat were found French arms and apparel,
such as Indians do not wear, also some boxes. Hence the white
men were suspected to belong to this brigantine. The commander's
commission also shows that he has more men than were allowed
him when he sailed from Martinique. Captain Temple therefore
thought himself justified in bringing the vessel here for examina-
tion and trial. There was no evidence against them, so I dis-
charged them. I enclose copies of the examination and of my
letter to the Governor of Martinique. I am sending the frigate
to see what more can be done at St. Lucia, and two or three ships
with her to cut timber for the public use of this Island. This will
maintain our claims and our possession there. All is quiet here
and the weather seasonable, but the people are yet sickly, being
daily visited by the terrible distemper incident to this country.
Many have died, and most that have recovered have lost the use
of their limbs, but we hope that the distemper is abating, and will
abate, as the winds blow fresh and cold. Signed, Edwyn Stede.
2 pp. Endorsed. Head 19 Jan. 86-7. Enclosed,
923. i. Commission of Count de Blenac to Jean Pons, of the
barque Franchise, of Martinique. French. Copy. 1 p.
Endorsed. Eecd. 22 Dec. 1686.
923. ii. Information of two Courlanders as to threatening lan-
guage used by Pons. 1 p. Endorsed as the preceding.
923. in. Examination of several French sailors of the Fran-
Qoise. 2 pp. Endorsed as the preceding. [Col. Papers,
Vol. LVIII., Nos. 79, 79i.-in., and Col. Entry BL, Vol.
VII., pp. 398-400.]
Oct. 20. 924. Journal of Assembly of Virginia. At the meeting of
the Governor and Council, the Clerk reported that several of the
burgesses were not yet come.
Oct. 21. The burgesses being come, the Governor informed them that he
found their Speaker absent, and wished to know what was become
of him. Having answered that he was dead, they were bidden to
choose another Speaker, and chose Major Arthur Allen, who was
approved. The Governor's speech. I am glad to meet you, and
hope you are sensible of the errors of last Session. I recommend
to you the measures then proposed, viz., the settlement of the
militia, the adjusting of tare, and the augmenting or continuing
the impost upon liquors. I have, you see, proposed but few
matters, so I hope we may have a short and happy Session. [Col.
Entry BL, Vol. LXXXV., pp. 341-342, and. pp. 385-386.]
[Oct 21.] 925. The President and Council of New England to Lords of
Trade and Plantations. Among your queries, we find several
relating to the trade of this country, which we have referred to
merchants and gentlemen of experience, whose report we shall
receive in a few days. The many commodious ports in these parts
have greatly encouraged a private and prohibited trade, but wo
have reduced the delivering ports to a number which will check
AMERICA AND WEST INDIES. 261
1686.
former frauds and abuses. Several ships have been seized and
condemned) of late. On 23 June last the President and certain of
the Council went to the Narragansett Country and appointed
officers, justices, and courts for the suppression of disorders and of
violent intrusions thereon. The militia are also settled, and it is
hoped that by this and other measures, the country will soon be
subdued and settled. Three towns are already laid out, and named
Rochester, Feversham, and Bediford. All seems likely to go well
there if the unreasonable pretensions of t*he town of Warwick do
not give new discouragement. To avoid this, the proprietors met
the people of Warwick, and after making many rational proposals,
suggested the reference of the question of boundaries to such
indifferent persons as the President and the Governor of K/hoiifo
Island should appoint. The men of Warwick, however, who have
always been very turbulent, refuse these proposals. We mention
this at the request of the Proprietors, in case any complaint should
reach you from Warwick. The Governments of Rhode Island and
Connecticut are preparing addresses on the King respecting the
writs of Quo Warranto served upon them. We recommend that
they be united under the same Government, or, at least, that a free
commerce be continued. They have always been nourished by us,
and they depend on us not only for supplies, but for manufactures
of all kinds, so that to divide them from us to lay restraint on trade
would be ruinous to all. We have been pressed to bring to your
notice the injuries done to some of our fishermen by Mons. Bergier
three years since. Eight ketches were seized while fishing under
tne licence and protection of Mons. La Valliere, who was once
accounted proprietor, and by the acknowledgment of Messieurs de
Frontenac and de la Barre. The poor people are ruined by the
loss. The differences with the French as to rights of fishing are
in urgent need of settlement.
Captain "Palmer, Judge of the Admiralty Court of New York,
and now employed by Colonel Dongan to visit Pemaquid, has
seized a quantity of Malaga wine imported in a ship belonging
to this Government, which was landed and lying at Penobscot, a
port in the tract which was made over to the French by the Treaty
of Breda. Mons. de Castine, in whose charge the wine was, resents
this seizure, we are told, as a violation of the Treaty, whereas
Captain Palmer justifies his action by a grant made by King
Charles II. to his present Majesty in 1665, and because the wine
had not paid duty in England according to the Act of Parliament.
Some of the people here, who have always maintained a friendly
commerce with the French in these eastern ports, have made com-
plaint, but it is for Colonel Dongan rather than for us to hear it,
and if he fail to satisfy them, they will, presumably, address the
King. Meanwhile we are apprehensive that this occurrence may
biung on hostilities with the French, the seizure of our vessels, and
the interruption of trade 011 the coast. Captain Anthony Haywood
has complained that a ship owned by him was seized! by Bartholo-
mew Sharpe, a supp'osed pirate, and carried into Bermuda. We
have referred his complaint to the Governor of Bermuda. The
original returns received from him and from the Island we have
262 COLONIAL PAPERS.
1686.
transmitted to you. "We have done our best for Mr. Ratcliff. We
suppose that his expectations exceeded your intentions and! orders,
which were that we should assign him a maintenance out of the
revenue. There is at present nothing in the Treasury, and from
the first foundation of the Colony, ministers have been solely
dependent on the voluntary contributions of their hearers. On
examination, we find that the constant weekly contribution of Mr.
Batcliif s church has never been less than forty shillings. As his
auditors increase, so will his maintenance. At present, however,
we can make no augmentation, for on assuming the Government
we found the Treasury empty, and all the laws for raising revenue
expired. It is difficult to meet the current expenses of Govern-
ment, and we beg that this may be represented to the King.
Signed, For the Presidtent and Council, Joseph Dudley. 3 closely
written pages. Endorsed. Reed. 21 Oct. Read 23 Oct. 1686.
[Col Papers, Vol. LVIII., No. 80, and Col. Entry Bk., Vol.
LXI., pp. 335-339.]
Oct. 21. 926. Report of Richard Wharton to the President and Council
of New England. As to a meeting between Captains George and
be. Loe and Edward Randolph, wherein the two former used
scurrilous words to Randolph, and struck and abused a constable
who was with Randblph. Wharton tried to calm the two captains,
but Captain St. Loe said that now he knew what hands the
Government was in, that they were pitiful little fellows, and the
like, and threatened him with his cane. Captain George also
abused Randolph's officers, and threatened to whip him. Copy.
2 pp. Endorsed. Reed, from Mr. Randolph, 13 an. 1686-7.
[Col Papers, Vol. LVIII., No. 81.]
Oct. 22. 927. Journal of House of Burgesses of Virginia. The bur-
gesses considered the Governor's speech. Committees appointed.
Oct. 23. Certain claims considered. [Col Entry Bk., Vol. LXXXV., pp.
386-389.]
Oct. 22. 928. Henry Egleton to William Blathwayt. I send the
Jamaica. Minutes of Council. We expect a good account of Banister by the
return of the frigates. I hope so, for it will put the patriots who
took his part still more out of countenance. Holograph. /I p.
Endorsed. Reed. 10 March 86-7. [Col Papers, Vol. LWIII.,
No. 82.]
Oct. 23. 929. Journal of Lords of Trade and Plantations. Petition of
Nathaniel Weare for putting off the hearing of his appeal' read,
the first meeting of the Lords after the 4th November fixed as the
day. Letter from the President andl Council of New England
read (see No. 925). The officers of the mint were called in, and
a paper was presented by Sir E. Andros, containing reasons for
a mint in New England. The officers having been heard thereon,
the Lordls agreed in their report, that the mint should not be
re-established, but that Sir E. Andros should be empowered to
fix che value of foreign coin.
The Duke of Albemarle's proposals read (see next abstract). Memo.
The King ordlered thereon that the suspension of Sir H. Morgan
AMERICA AND WEST INDIES. 263
1686.
and Robert Byndloss should remain, as was ordered for Sir Philip
Howard, that Colonel James Walker should be appointed to the
Council, and that the Duke should draw half salary from the
death of Sir Philip Howard, but not the perquisites.
A clause in favour of the African Company and against inter-
lopers to be inserted in all future instructions to Governors.
New Instructions to Sir Robert Robinson, as to his salary.
Orders as to the prisoners brought from Bermudla.
Proceedings of the Assembly of Nevis of 29 January last read,
when a present was given to the Governor without the King's
approval. Order for Sir Nathaniel Johnson to enquire into the
matter, the present to remain in the hands of the Treasurer till
the King's pleasure be known. Sir Nathaniel received his instruc-
tions for perusal. Report of Sir Thomas Exton on the seizure of
the ship O'Brien read Order for the appeal of Thomas Cook to be
admitted (see No. 931vm.).
Memorandum of documents sent and received. [Col. Entry Bk.,
Vol. CIX., pp. 19-27.]
Oct. 23. 930. Proposals of the Duke of Albemarle. 1. For an instruc-
tion empowering him to enquire into the suspension of Sir Henry
Morgan and Robert Byndloss by Sir T. Lynch, and to reinstate
them if he see fit. 2. For the appointment of Captain James
Walker to the Council by the instructions now passing. 3. For
an instruction allowing him half salary and half perquisites from
the date of Sir Philip Howard's death. 4. For the appointment
of ships to attend him to Jamaica. Read 24 Oct. [error for 23]
and 20 Nov. 1686. [Col Entry Bk, Vol. XXXI., pp. 246, 247.]
[Oct. 23.] 931. A collection of papers relating to the condemnation of
the ship O'Brien.
931. i. Copy of the proceedings of the Court of Admiralty held
in Nevis, April 6 (see Mo. 621). Endorsed.
931. n. Certificate that the O'Brien was a subject's ship. Copy.
Dated 13 Feb. 1685-6. \ p. Endorsed.
931. in. Certificate of the O'Brien that she should discharge
her lading in England). 10 February, 1685-6. Copy.
% p. Endorsed.
931. iv. Bond of 1,OOOZ. given that the O'Brien should discharge
in England the goods laden by her in the West Indies.
10 February, 1685-6. Copy. % p. Endorsed.
931. v. Cocket of goods laden in the O'Brien. Copy. \ p.
3 Feb. 1685-6.
931. vi. Opinion of Sir Thomas Pinfoldl, that the seizure of the
O'Brien was unjust and illegal. Four lines written at the
foot of a written question. Signed, Tho. Pinfold. Sept.
30, 86. The whole, \ p.
931. vn. Opinion of Mr. Serjeant Pemberton on the same
question, to the same effect. Seven lines written at the
foot of a written question. Signed, Fr. Pemberton.
Undated. The whole, \ p.
931. VIH. Sir Thomas Exton to Lords of Trade and Plantations.
I am of opinion that the seizure of the O'Brien is un-
264 COLONIAL PAPERS.
1686.
warrantable by law. In strictness there is no appeal, but
the King may, speciali gratia, admit the complainant to
except against this judgment, and I submit that it may
be necessary for the security of trade and navigation ; for
when these Admiralties find that there is a superior power
to confirm or reverse their sentences, they may be more
careful to follow the rules of law and administer justice
impartially. I must add that of my own knowledge I
have seen judgments given in other Colonies which
seemed to me very unjust, but which, as Judge of the
Admiralty, I am unable to redress, there being no appeal
hither. I have, therefore, though not in this case, advised
the parties to petition the King. Moreover, if appeal be
not admitted from such an inferior Court at such a dis-
tance away, the owner's just defence, which, as living in
Ireland, he was unable to make, will be taken away, he
having no knowledge of the proceedings till after con-
demnation. Moreover, there lies an appeal from the High
Court of Admiralty in England. Signed, Tho. Exton.
Doctors' Commons, Oct. 22, 1686. Holograph. 1 p.
Endorsed. Reed. 23 Oct. 86. Entered in Col. Entry Bk.,
Vol. XLVII., p. 231. [Col. Papers, Vol. LVIII., Nos.
83i.-vni.
Oct. 23. 932. The state of the case respecting the Plantation trade of
Ireland (see No. 638). The word Ireland, which appeared in the
first Navigation Act, 12 Car. II., as a place to which English
commodities might be carried, was struck out by the second Act
of 22 and 23 Car. II. When this Act expired, therefore, it became
lawful to carry goods to Ireland, but by the opinion of the Barons
of the Exchequer enumerated goods from the Plantations and not
having paid the Plantation dhity might be seized and recovered in
Ireland. On the representation of the Customs officials, however,
the Governors of the Plantations were ordered to suffer all such
ships as brought certificates of their giving bond in Ireland to
return to Ireland or England. These orders were removed on
30 May 1685, and it is on these that Captain Powell asks for
guidance. But, in tne last Parliament, the Act of 22 and 23 Car.
II. was revived, and on 25 July 1685 communicated to the
Kevenue-ofhcers in Ireland!, who pointed out the probable prejudice
to the King's Customs, and insisted that the clause might be
dispensed with. The Lords, however, finally decided that the
clause should not be dispensed with, and an order to that effect was
sent to Ireland in June last. The new instructions prepared for
Sir Nathaniel Johnson, the new Governor-in-Chief of the Leeward
Islands, therefore enjoin the prohibition of the trade between
Ireland! and the Plantations. Captain Powell's doubts are, there-
fore, solved by the new Act of Parliament Unsigned. 3 closely
written pages. Endorsed. Read at the Committee, 23 Oct. 86.
[Col. Papers, Vol. LVIII., No. 84.]
Oct. 23, 933. Mr. R. Normansell to the Governor and Company of
London. Connecticut. Announcing that a writ of Quo Warranto against
AMERICA AND WEST INDIES. 265
1686.
them has been delivered to him, and that in default of their
appearance within eight days of the Feast of Purification, their
charter will be forfeited. Copy of the writ of Quo Warranto.
Latin. Copy. 1% pp. Endorsed. [Col. Papers, Vol. LVIII.,
No. 85, and Col. Entry BL, Vol. LXI., pp. 315, 316.J
[Oct. 24.] 934. Petition of Nathaniel Weare to Lords of Trade and
Plantations. The appeal of William Vaughan was fixed for the
first Tuesday after Michaelmas. I was ready, andl remained so till
the 4th instant, but now my solicitor, Mr. Humphreys, has left
London. I beg that the appeal may be put off till the 4th
November, when he will be returned. 1 p. Endorsed. Read 24
Oct. 86. [Col. Papers, Vol. LVIII., No. 86.']
Oct. 24. 935. Lords of Trade and Plantations to the Governor and
Council Council of New England. Ordering the transmission of quarterly
Chamber. returns O f the transactions of the Council. Signed, Sunderland,
Albemarle, Musgrave, Craven, Preston, J. Ernie. [Col. Entry
Bk., Vol. LXI., p. 314.]
Oct. 24. 936. Grant of Crown lands by Governor Dongan to Robert
New York. Sanders (pp. 22, 23), and to Maria Sanders (pp. 24, 25). [Col.
Entry Bk., Vol. LXXIII., pp. 22-25.]
Oct. 25. 937.' Minutes of Council of New York. Mr. Santen was sum-
moned for failing to furnish his weekly accounts. He brought a
list of persons indebted to the Customs. Petition of James Lorkan,
complaining of unjust dismissal from his post of searcher by Lucas
Santen, referred to Judge Palmer. Order for Lucas Santen to
bring the debts due to the King's revenue to October 6th to the
Governor in cash, or at least bills. Order for the Sheriffs to
furnish Mr. Santen with a return of quit-rents, escheats, and other
revenue. Mr. Isaac Arnold and Mr. Francis Barber to furnish
their accounts also. [Col. Entry BL, Vol., LXXIII., pp. 25A-28A.]
Oct. 25. 938. Journal of Assembly of Virginia. On the request of the
burgesses, councillors were appointed to swear in members, in place
of others removed by death. [Col. Entry Bk., Vol. LXXXV., p.
343 and pp. 389-390.]
Oct. 26-28. 939. Journal of House of Burgesses of Virginia. Transactions
of the Committee of Grievances.
Oct. 29. Act to restrain stone-horses under fourteen hands high from
running at large, read a first time. Addresses to the Governor
voted regarding payment of quit-rents, the revision of the laws,
and the demanding of fees for instruments passed under the seal
of the Colony. Several bills brought in.
Oct. 30. Several bills advanced a stage. Adjourned to the 1st November,
and on that day to the 2nd. [Co/. Entry Book, Vol. LXXXV.,
pp. 389-400.] *
Oct. 26. 940. The examination of Matthew French. Relating how he
accidentally encountered and read a letter of Roger Elletson to
Charles Morgan, containing many scandalous and scurrilous expres-
266
COLONIAL PAPERS.
Oct 27.
Whitehall.
1686.
sions against the Government. Signed, Matt. French. Sworn
before Lieutenant-Governor Hender Molesworth. Certified copy.
2i pp. Endorsed. Head 31 Jan. 1686-7. [Col. Papers, Vol.
LVIII., No. 87.]
Oct. 26. 941. The Deputy Secretary of Barbados to William Blathwayt.
Barbados. Forwarding quarterly returns of the Council's transactions. Signed,
Jno. Whetstone. [Col. Entry Bk., Vol. VII., p. 397.]
Oct. 27. 942. Minutes of Council of Maryland. Proclamation pro-
roguing the Assembly for one day. A letter from Lord Baltimore
to Nicholas Sewall read, expressing his wish that, unless there was
special occasion for their meeting, the Assembly should be pro-
rogued till April. James Heath nominated Clerk of the Upper
House of Assembly by Colonels Darnall and Digges, but superseded
by the Council in favour of Mr. John Llewellin. [Col. Entry Bk.,
Vol. LIV., pp. 62-65.]
Oct. 27. 943. Minutes of Council and Assembly of St. Christopher's.
The Deputy- Governor produced an order for the confirmation of
all officers, civil and! military, in their places. [Col. Entry Bk.,
Vol. XLVIII., p. 59.]
944. Order of the King in Council. That Sir Edmund Andros
is hereby empowered to regulate by proclamation "the value of
pieces-oil-eight and of other foreign coin. Signed, John Nicholas.
p. Annexed,
944. i. Henry Guy to William Blathwayt. Forwarding cor-
respondence which has passed respecting the establish-
ment of a mint in New England. Signed. \ p.
944. n. Commissioners of the Mint to the Lord Treasurer, 15
July 1686. The officers of the Mint reported on the
question of a mint to be established in New England, in
January 1685. Copy of report annexed. We have only
to add thai when a grant was obtained, in 1662, by Sir
Thomas Vyner for coining small silver money in Ireland,
the King ordered the letters patent to be cancelled for
reasons adduced then by the officers of the Mint Again
in 1678 Lordl Carlisle applied for powers to erect a mint
in Jamaica. It was found impracticable, under the terms
of keeping the weight and fineness of the money to the
English standard. Signed, Phil. Lloyd, Tho. Neale, Cha.
Duncombe, Ja. Hoare. 1 pp.
944. in. Commissioners of the Mint to the Lords of the Treasury.
The mint at Boston was settled in 1652, as the order here
copied shows, the value being twopence in the shilling
less than that of English coin. The profits of the officers
were one shilling in twenty. We have examined the
twelvepences, sixpences, and threepences coined in New
England. The alloy of the metals is the same, but the
weight is different, being less by about twenty-one grains
in the shilling, and so in proportion, than English coins.
This is near twopence three larthings in the shilling, or
per cent. BesicDes, a third more is allowed for the
AMERICA AND WEST INDIES. 267
1686.
coinage there than in England. The preservation of a
fixed standard in weight and fineness for the King's silver
coinage in all his dominions is much for his securitv and
advantage, and it cannot be altered in any Colony without
prejudice to the rest. The current coin will be withdrawn,
and prices will rise in proportion to the baser coin. If
a mint be erected in Boston, the silver coins should be
as fine as those minted in England. Smaller pieces, pence,
half-pence, and farthings might be made of tin, and
supplied from hence with advantage. It is noticeable
that though they have continued this unwarrantable
coining of money since 1652, the date of that year remains
unaltered on all the coins. It is to be observed! also that
to encourage the bringing of silver to the Mint, they
promise that there shall be but twopence in the shilling
less in value than the English shilling; but after the
mint-master has coined the same, they order him to pay
the money out by weight, at threepence Troy weight for
their shilling, and proportionally for the other pieces,
which threepence Troy is about ninepence farthing
sterling, and makes out the account to be 22^ per cent.,
as already stated, besides the expense of coinage. Signed,
Tho. Neale, Cha. Buncombe, Ja. Hoare. Copy. 2% pp.
944. iv. Copies of the orders for the mint at Boston. 1652.
Quoted in the foregoing abstract. 1654. Forbidding
the exportation of the coin of the Boston mint. 1669.
Additional orders for the enforcement of the prohibition
of 1654. Copy. 2% pp.
944. v. Reasons for a mint in New England. 1. Money is the
measure of value. 2. Though the standlard of English
money has been preserved in purity and fineness, yet the
value and weight have been often changed, according to
the rate of silver and the increase of trade. 3. The trade
of New England, though it brought in goods from many
places, brought only pieces-of-eight, of unequal weight
and value, from Spain. A mint was, therefore, erected
in Boston. 4. Rents have been paid and goods bought
and soldi in the Boston coin for years. The raising of it
to the English standard would enrich the landlord and
creditor, but ruin the tenant and debtor, destroy the
trade of the country, and injure the King's Customs, f).
If the mint be discontinued, pieces-of-eight must be made
current at the same rates as are now proposed! for the
King's coin, which will be at least as great an incon-
venience as the mint. 6. It is not proposed to grant a
patent as in Sir Thomas Vyner's case, but that all shall
be done by the King's officers and for the King's profit.
944. vi. William Blathwayt to Henry Guy. Forwarding the
foregoing to the officers of the Mint for their reply. 18
Oct. 86. Draft, with corrections. 1 p.
944. vn. Answer to the reasons for a mint in New England.
1. Money is the measure of value of goods, &c. We agree,
268
COLONIAL PAPEES.
Oct. 27.
Whitehall.
1686.
but goods, &c., cannot be the measure of money. 2. The
value of money in England has often been altered, it is
true, but that is no reason why the mint in one part of
the King's dominions should not hold equal balance with
the mint in another. 3. We do not see how this bears on
the erection of a mint in Boston different to the mint here.
4. As to the future, trade will certainly conform itself
to the intrinsic value of the money. Past dtebts may be
discharged by regulation, at the rate of fifteen shillings
per pound. 5. Pi eces-of -eight are but commodities, like
other merchandise, and the people may be left at liberty
to barter one against the other. 6. When the King orders
the establishment of a mint in New England, we shall be
ready to offer the best rules for it. Signed, 0. Wynne,
Tho. Neaie, Ja. Hoare. Mint, 23 Oct. 86. \\ pp.
Endorsed. Read at Committee, 23 Oct. 86. {Col. Papers,
Vol. LVIII., Nos. 88 i.-vn., and Col. Entry BL, Vol.
LXI., pp. 317-326.]
Oct. 27. 945. .Duplicate of foregoing Order in Council. 1 pp. {Col.
Papers, Vol. LVIII., No. 89.]
946. Order of the King in Council. That the Commissioners
appointed to exercise episcopal jurisdiction in the diocese of
London shall exercise the ecclesiastical jurisdiction belonging
thereto in the Colonies. Signed, John Nicholas. p. Endorsed.
[Col. Papers, Vol. LVIII., No. 90, and Col. Entry BL, Vol.
XCVIL, pp. 235-236.]
947. Order of the King in Council. Report of Lords of
Trade and Plantations. We have come to the conclusion that the
ship O'Brien was wrongfully condemned, and recommend that
Thomas Cook's appeal be heard by your Majesty in Council, and
that Captain Saint Loe shall be in attendance. Order accordingly.
{Col. Entry BL, Vol. XLVII., pp. 232-233.]
948. The Clerk of Assembly of Jamaica to Lieutenant-
Governor Molesworth. I have, as you ordered, been calling to
mind when I last saw the Poll Bill. On the morning when the
Assembly was dissolved, several members were at my lodging, to
copy your last message to the House. Captain Knight, Mr. Hicks,
Major Archbold, and Colonel Stanton took copies. Captain Crew,
Dr. Bonner, and Mr. Elletson came also, but seeing so many
writing, we presently went away with Mr. Hicks andi Captain
Knight, who had finished their copies. Captain Knight confirms
my recollection that the Bill was among the papers, and that no
one was there but Major Archbold and Colonel Stanton. The papers
were afterwards carried to the House, and when you summoned
the members, I set my boy at the door, with orders to let no one
enter to touch the papers. After the dissolution, I sent him to
carry all the papers home, after which I know of no one who was
at my lodging except Mr. Elletson, who went there for some
purpose that I do not remember. I am tolerably sure that I saw
the Bill in the House, so either someone must have taken ft while
Oct. 27.
Whitehall
Oct. 28.
Port Royal.
AMERICA AND WEST INDIES. 269
1686.
we were walking to and fro before the Speaker took the chair, or
Mr. Elletson must have taken it from my lodging, for presently
when I went home on purpose to look for it, it was gone. The
reason why there is no entry of anything dlone in consequence of
your last message is, that as soon as I had done reading your
message, the gentlemen rose from their seats and began a confused
controversy, most of them speaking at once, and though the Speaker
ordered them to their seats and threatened) to adjourn if they did
not resume them, no one minded it. He therefore left the chair,
and there being no result of any kind I could make no entry.
They would! not have let pass any entry that said they were in
confusion, for they have always ordered such entries out, as has
happened several times in this Assembly. I was ordered to omit
the words nemine contradicente as to the vote of the Poll Bill.
Copy. Added below : The foregoing letter from Charles Boucher,
the Clerk of Assembly, differs somewhat from what he said to me.
He told me that he verily believed Elletson had the Bill, and that
is the opinion of most others. The whole. 2% pp. Endorsed.
Reed. 31 Jan. 86-7. [Col. Papers, Vol. LVIII., No. 91.]
Oct. 28. 949. Governor Richard Cony to Deputy-Governor Sir James
Bermuda. Russell. I have received yours by Captain St. Loe. Sharpe, his
men, and his ship, are all on their way to you to be tried!; what
the issue may be I know not. I beg, however, that Sharpe, Mr.
Abney, and Mr. Valley may not suffer in person, they being my
material witnesses for the King, whose depositions I have long
since sent home. What may be alleged against Sharpe abroad
I know not, but during his detention here he has shewn himself
a most real, honest, loyal subject, and an extraordinary instrument
in preserving the peace and suppressing mutinies and riots, and
I have reported this to the King. Signed, Richard Cony. Copy.
1 p. Endorsed. Reed, from Sir Ja. Russell, 18 March 1686-7.
{Col. Papers, Vol. LVIII., No. 92,]
Oct. 28. 950. Duplicate of foregoing. [Col Papers, Vol. LVIII.,
No. 92A.]
Oct. 28. 951. Minutes of Council of New York. The auditors presented
their report on Captain Santen's accounts. The former askedl him
several times if he had ever issued out orders or warrants relating
to the King's revenue, but Mr. Santen did not answer. Judge
Palmer said that there was nothing in Mr. Santen's instructions
to justify his issue of warrants to sheriffs. Ordered that Mr.
Santen, who promised the same, deliver up to Mr. Thomas Coker
the monies due to the King from 25 March last. Mr. Gabriel
Minvielle's granted letters of administration, which were allowed.
Petition of Thomas Chambers referred to the magistrates of
Esopus. Land-grants. {Col. Entry Bk., Vol. LXXIII., pp.
29A, 30A.]
Oct. 28. 952. Grant of Crown lands by Governor Dongan to Major
New York. Thomas Chambers (pp. 26-32), John Joost (pp. 33-35), Wyntie
Alberts (pp. 35-40), William Nicolls (pp. 40-42), Garrett
Gilbertson (pp. 42-45), and Henry Pawling (pp. 45-50). [Col,
Entry BL, Vol. LXXIII., pp. 26-50.]
270
COLONIAL PAPERS.
Oct. bl.
Whitehall.
1686.
Oct. 29. 953. Warrant of the Proprietors of Carolina for the grant of
twelve thousand acres to Mons. John df Arsens, Seigneur of Wern-
haut. Signed, Craven, Albemarle, P. Colleton. [Col. Entry Bk.,
Vol. XXII., p. 99.]
Oct. 30. 954. Minutes of Council of New York. The farm of tha
excise granted to Henry Pawling for 110Z. a year. Order, on the
petition of Christopher Billop, for a patent for the settlement of a
ferry upon the south-west end of Staten Island. Mr. Santen was
informed of the farm of the Excise. It appeared also that Peter de
la Roy was continued in the Custom House, contrary to the Order
in Council. [Col. Entry Bk., Vol. LXXIII., pp. 3U, 32A.]
955. Instructions to Sir Robert Robinson, as Governor cf
Bermuda. He is to propose to the Assembly a duty on tobacco,
but in such manner that the Crown may lessen it if necessary, the
settlement of quit-rents, laws for maintaining the quality of
tobacco, the repair of the public buildings at the country's expense,
an enactment establishing the holding of two Assizes a year, and
the securing of merchants' debts. One-third of the taxes are to be
set apart for payment of the late Company's debts, provided it
quit-claim all pretensions in the Colony. He is to report on Crown
lands and whale-fishery. The old allowance of land and slaves is
to be continued to public officers. All laws are to be made in-
definite in time, and the laws made by the Company to remain in
force till new laws be passed. No minister to be appointed
without a certificate from the Bishop of London, who shall hold
ecclesiastical jurisdiction. All ships are to load and unload at
Castle Harbour, St. George's, and none are to ship tobacco till the
magazine ship be fully laden. A law to be passed restraining the
severity of masters. The complaint of James Smailes to be
examined. As Governor, he is to have twelve shares of land,
profits of the whale fishery, and 240Z. per annum. Countersigned,
Sunderland. [Col. Entry Bit., Vol. XVIII., pp. 27-61.]
Oct. 31.
Oct. 31.
Oct.
[Oct.]
Nov. 1.
956. Warrant for a great seal for Bermuda. Countersigned,
[Col. Entry BL, Vol. XVIII., pp. 73, 74.]
957. Additional instructions to Sir Edmund Andros respecting
the enforcement of the Acts of Trade and! Navigation. [Col. Entry
Bk., Vol. LXI., pp. 330-332.]
958. Draft warrant for preparation of a Bill to the Duke of
Albemarle, empowering him to pardon pirates, &c., in America.
Dated October, with a blank for the day. 1 p. Endorsed. [Col.
Papers, Vol. LVIII., No. 93.]
959. Memorial of the Duke of Albemarle for powers to pardon
pirates, &c., in America. Endorsed. Read 6 Nov. 1686. 1 p.
[Col. Papers, Vol. LVIII., No. 94.]
960. Minutes of Council of New York. Account of debts due
to the King's revenue brought in. Order for Mr. Santen to bring
in an account of what is due from 25 March to October 6. Petition
of James Lorkan read, complaining of Mr. Santen's putting him
out of his office. Resolved that he should be restored thereto,
AMERICA AND WEST INDIES. 271
1686.
Further business as to recovering arrears of revenue. Captain
Palmer brought up his report on his proceedings at Pemaquid.
[Col. Entry Bk., Vol. LXXIIL, pp. 32A-35A.]
Nov. 2. 961. Warrant of Lords Proprietors of Carolina for the grant
of one thousand! acres to Maurice Matthews, in consideration of
his having purchased the lands from the Indians. Signed, Craven,
Albemarle, P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII.,
p. 100.]
Nov. 2. 962. Minutes of Council of Barbados. The Lieutenant-
Governor laid before Council the complaints of Count de Blenac
respecting Captain Temple's proceedings in St. Lucia, and in
respect of the ship Francis. The Council advised that Captain
Temple should proceed again to St. Lucia, and that the wood
already cut there should be brought over. They recorded! their
I opinion that they thought Captain Temple justified in seizing ihe
Francis, and that her crew were kindly treated at Barbados. [Col.
Entry Bk., Vol. XI., pp. 719-721.]
Nov. 2. 963. Journal of Assembly of Virginia. Addresses of the
burgesses to the Governor, for the removal of the fees asked for
passing documents under the seal of the Colony; asking that
Colonel Fitzhugh be compelled to refund certain tobaccos levied in
Stafford County, and! be punished for levying the same, represent-
ing likewise that he received salary as a burgess though unduly
returned ; and praying that the quit-rents may be collected as
heretofore in tobacco, at the rate of twopence the pound.
Nov. 3. Message from the burgesses, asking that the laws, if revised, may
be submitted to the Assembly for consideration. List of four bills
presented, with the amendments proposed by the Council. Message
from the Governor. The laws are under revision by a Committee,
and will be submitted to the burgesses when completed. Proposi-
tions for the establishment of the Militia. 1. That a standing
Militia be formed in each county, according to the proportion of
titheable men. 2. That every fifteen titheables be assessed to
supply one horseman, fully equipped and mounted. 3. That when
foot are required, every two titheables, unassessed to supply a
horseman, be assessed to find a footman. 4. That the horseman's
pay on every day of muster be 1*. 6d., or 15 Ibs. of tobacco, and
the footman's Is., or 10 Ibs. of tobacco, to be paid by the titheables
assessed for him. If called upon for more than four days' service,
the men to receive the same pay daily ; Corporals to receive 30 Ibs.
of tobacco, Cornets 50 Ibs., Lieutenants 60 Ibs., Captains 100 Ibs.,
and in the Foot, Sergeants 20 Ibs., Ensigns 40 Ibs., Lieutenants
50 Ibs., Captains 80 Ibs. The whole force to be twenty-one troops
of Horse of forty-eight men, besides officers, and seventeen com-
panies of Foot.
Nov. 4. Messages from the burgesses. 1. Asking that the proclamation
reviving the Act about attorneys' fees may not take place. 2.
Asking whether the Bills returned from the Council are to be
taken as |rom the Governors and Council and as assented to, or
272
COLONIAL PAPERS.
1686.
as from the Council only. 3. Asking for the appointment of one
or two persons in each county to examine and approve school-
masters, many schoolmasters being discouraged by the expense of
taking a licence. Answer of the Governor and Council. On
question 2. These bills are sent from the Council only.
Nov. 5. i'our Acts sent up by the burgesses. 1. An Act about run-
aways. 2. An Act to appoint days for Courts in Accomack. 3.
An Act to continue the Act to encourage manufactures. 4. An,
Act making Maryland debts pleadable. 5. Act touching the tare
of tobacco-case. 6. A Bill touching the size of stallions. The
first three were agreed to ; the last three amended. [Col. Entry
Bk., Vol. LXXXV.. pp. 343-356.]
Nov. 6. 964. Journal of House of Burgesses of Virginia. Two Bills
advanced a stage. [Col. Entry Book, Vol. LXXXV., p. 407.]
Nov. 2. 965. Lieutenant-Governor Molesworth to William Blathwayt.
Jamaica, j senc [ the minutes of the House of Assembly. I observe that they
have been very careful in their entries to omit and! pass by several
passages that were not to the credit of the House, though I was
informed of them from day to day by the Speaker and other mem-
bers. The first omission that I pointed out to the clerk was that
no mention was made of what I said to the House about present-
ing their Speaker pro tempore, which is entered in the minutes
of Council. He answered that the Speaker made no report of it
to the House.
Observing no entry of several other matters, particularly of the
fact that at the first voting of the Poll Bill, it was passed nemine
contradicente. I questioned him further about it, and asked for a
copy of the Poll Bill, which, I already understood, had been stolen
out of the House, apparently by Elletson, though it cannot be
proved against him. Hereupon the clerk wrote me a letter, of
which I send a copy (see No. 948), and by which you may see
how a combined party that crave the majority of votes can in-
fluence things forwards and backwards at pleasure, and how little
argument andl reason can prevail against them. This was my
reason for dissolving them. Those who threw out that .bill do all
they can to support their credit with the people for it, but without
success. Their lies and inventions are soon confuted, and the dis-
grace returns double upon them.
The volunteer parties mentioned in my former letter have done
very much as I expected. One of them saw no negroes ; it merely
marched to the place of rendezvous and back again. The other,
though they were abroad several days, living at the expense of the
poor people, continued their march into the woods but three days,
and had it not been for some of the most ordinary men among them
would have returned without seeing the negroes, though they had
just come upon certain signs of their being near them, viz., the
springes which the negroes had set to catch hogs. Then, after a
pause, three or four men went forward, and after advancing two or
three miles, discovered the place where the negroes were. One of
them then returned to the party, which was commanded by Clarke,
AMERICA AND WEST INDIES. 273
1686.
Archbold having retired to a house by the way on the day before
as unable to march any further. Clarke's party advanced to the
men who had made the discovery, and it was then found that the
place where the negroes lay was inaccessible. It was therefore
proposed to divide the party, placing the major part at the foot
of the hill on the other side where the negroes would come down,
it being urged thac a very few men would suffice to move them.
Clarke, however, thou^iit his party too small to be divided, and
advanced with the whole of it. The negroes discovered them, fired
upon them, and fledi down on the very side where the divided party
should have been posted to meet them. They were hardly seen
except by two or three of Clarke's men. Clarke then marched
his people away to the house of an ensign in those parts, who
took their horses and left them to shift for themselves, without
taking any care how they should get home again, though some
of them had fifty or sixty miles to travel. This caused much com-
plaint. I have told this story in detail, since the members of the
confederacy greatly magnify this piece of service, boasting that
they had saved the country over 4,OOOZ. by discovering that the
negroes were but few, andl that the inhabitants were under no
apprehension in respect of them. They insinuated, also, that the
petition to the Governor and Parliament was a feigned thing,
raised only to charge the country with unnecessary expense. The
volunteers of the party have disproved this by giving the account
above-written under their hands. They added that they found
fifteen huts in the place abandoned by the negroes. The parish of
St. George's also is ready to justify its petition, proving that the
negroes are generally in two or three parties, and that they have
three provision-poundls apart from each other, which the parties
did not advance far enough to discover. It says, too, that Arch-
bold told the people that the Governor demanded 7,OOOZ. from the
Assembly for suppressing the negroes, whereof a good sum would
come to their share, and afterwards encouraged a party of men
to go out and pursue the negroes, telling them that they would be
paid. When asked bv others how they were to be paid, they
answered that Archbold had told them there was an Act of
Parliament for it. All these falsehoods the parish of St. George's
can prove. That parish under the Poll Bill would not be taxed
above b/. or 81. at the most, whereas that party alone cost them
over 20Z. in meat and drink, and did no more good than amounts
to the disturbing of a wasp's nest. On the other hand, the six
or eight parties that I had designed to send out would have sur-
rounded the negroes and finished' the business. As it was, he
party that disturbed them burnt their houses, so that we shall
not know henceforth where to find them. Still, though I foresaw
what was to be expected from the volunteers, I am glad that I
accepted their offer, since it serves for my better justification. I
enclose copy of the examination of one French, late overseer to
Mr. Elletson, who having had the opportunity of reading one
of Elletson's letters to Charles Morgan in England, and having
acquainted some of his friends therewith, was advised to come and
declare the same before me. You will find my judgment of that
1. B
274
COLONIAL PAPERS.
1686.
worthy patriot confirmed thereby. Pray do not trouble the Lords
with it, but keep it by you till you think it time to produce it
(see No. 940). I omitted to tell you that I had restored Elletson
to his practice, to prevent the Lords from being troubled by his
long letters, and I am not a little concerned to find myself com-
pelled to write at such length to repel the malicious insinuations
which I knew his faction to be capable of making against me.
Captain Talbot has seized a logwood-ship from the Bay, on
pretence that she is an unfree ship. The truth of the case is this.
The ship arrived here from Cadiz, with only salt aboard her, and
was condemned in the Admiralty Court, the seamen having libelled
against the master for wages. She was then brought up by some
merchants, in order ,to make her free, according to a practice
recognised for many years, but possibly not strictly legal. The
case is hard against the merchants, and is likely to bring several
others into the same difficulty. I advised a compromise, but
without success, and then upon Captain Talbot's request ordered
process against the ship and goods. The Judge- Admiral, however,
required stipulation, which Captain Talbot was unwilling to make,
and complained to me against the Judge's action. I answered that
the Judge knew his own business better than I, and must stand or
fall by his judgments.
By way of Carthagena we hear that the pirates in the South
Seas came before Panama last August with three great ships and
eighteen periagos, but only shewed three periagos in sight. The
President, hearing that they were no more, put one hundred and
forty men on two barcoluengos, and sent them out after them.
The pirates allowed them to approach, and surrounded them beyond
all possibility of escape. The President, still ignorant of the
pirates' numbers, then sent out another bark, with fifty more men.
Finally only one bark returned, with seven men in her, the rest
having all been killed. The President has sent to Lima for
assistance. The pirates have evidently received an accession of
strength, which we guess, from several circumstances, to be the
French that were lately on the coast of Guinea. If so, these seas
will never be free from robbers unless extraordinary measures be
taken. Laurens was wrecked off Carthagena while in pursuit of
a small barque, but nevertheless took her with his boat and saved
his people, it is uncertain whither he is gone, but certainly my
letter offering him terms has never come to his hand. I hear that
Coxon is cutting logwood in the Gulf of Campeachy, and has written
to his friends that he has given up privateering, and means to earn
an honest living. I shall none the less send the proclamation
declaring him a pirate to those parts by first opportunity. The
Secretary will send you copy of this and of another proclamation
calling in the privateers of the South Seas, in order to the confisca-
tion of their estates, which I conceive to be forfeited to the King.
On this subject I must do justice to the care and diligence
of Mr. Simon Musgrave, the Attorney-General. The knowledge
and intelligence that he has of men who can give information as
to privateers make him unusually serviceable to the Governor,
and have nipped many designs in the bud. Lately he informed me
AMERICA AND WEST INDIES. 275
1686.
of a new Governor set up by election in New Providence, a broken-
down merchant, who, with six or eight more indebted persons, were
gone to shelter themselves in the windwardmost part of the island,
in order to slip away by some boat. I hope, however, that my
orders will have been in time to stop them. The modeller of their
Government is one Pattison, a Whig lawyer, who, meeting with
no encouragement here, fell upon this project, declaring that he
knew of many discontented, good people in England, who would
gladly leave it to settle in some island where they might be quiet
and easy. O'ne of the rules excludes all Jews, Quakers, and Roman
Catholics. This Pattison, together with one Bridges, a conventicle
preacher, and a whole sloop-load of passengers, left the Island a
few days since with tickets, as if bound for Providence, where
others will join them, under colour of cutting braziletto. This
Bridges lived here in very good esteem with his congregation, but
having married has lost his interest with the sisterhood who were
his main supporters. His consequent discouragement seems to be
the occasion of his joining with his father-in-law, Pattison, in the
new design. I shall learn more of it when I have secured tlie
Governor. Its result could have been only to make the people
a prey to the Spaniards or a nursery of pirates. One Courtney, a
"South Sea pirate, will be tried at the next Grand Court. One
Daws, another South Sea-man, was tried and convicted. It
appeared, however, at his trial that he was not aware of the design
when he embarked, and opposed it so strongly that his mates put
him ashore on an island! to starve, from which he was only saved
by another privateer. I have reprieved! him, and think of pardon-
ing him, on condition of appearing to give evidence against pirates
when required.
You will see by the Minutes of Council why the new marshal
was not admitted to his office, it being thought best to continue
the old one until next Court. I have examined Colonel Byndloss's
charges against Colonel Beeston and others, summoning the parties
to attend before the Council and Colonel Byndloss to be there also.
But he had no proof ready and asked for unlimited time to procure
it. As I undterstand the matter, he took his charges from common
rumour, which he cannot make out by any evidence. He says,
however, that he has a letter referring to the interloping ship which
he means to send home by this ship. What may be made out
against Beeston and Waterhouse I cannot yet foresee, but Bynd-
loss is so far right, that there was a ship which landed negroes on
the north coast, which were consigned to Barry and Hicks ; but
Barry refused to have anything to do with the matter, and intends
to sue Byndloss for scandal. [Col. Entry Bk., Vol. XXXI., pp.
119-219.]
Nov. 2. 966. Extract from the foregoing letter, relating to Captain
Talbot's seizure of a logwood-ship. Copy. 2% pp. Endorsed.
Read 13 April 87. [Col. Papers, Vol. LXVIII., No. 95, and Col
Entry Bk., Vol. XXXII., p. 1.]
Nov. 2. 967. Minutes of Council of Maryland. Colonel William
Stevens produced a report of the proceedings of the Commission
B 2
276
COLONIAL PAPERS.
1686.
for ascertaining the Indians' lands at Pocomoke. Petition of
Jaines Hound against the Indians for killing and stealing his hogs.
Nov. 3. Several Indians from. Pocomoke appeared, and said that they
were not satisfied with the boundaries laid down for them by
Colonel Stevens. [Col. Entry BL, Vol. LIV '., pp. 65-71.]
Nov. 4. 968. Father Lamberville to Jacques Brugas. I have been here
Amoniogre. alone since 29 August, with not a little trouble, in particular for
having suffered two adults to die without baptism, men who were
quite disposed to receive it, to say nothing of others. Instantia
quotidiana. I did not think that my brother would have been so
long on his way, and I doubt if he was as much counted there at
his mission at Cumquia. I wrote all that I thought should be
written. My friend (cette amie), who is called N., has begged me
to tell you that he (qu'il) has still La Miette's gun, which the
Indians call ganniaton, and! that he is keeping it to give it back
to him when he sees him again, also that he has stowed away
carefully the one he gave him in exchange, to give it back to him.
If you know where this La Miette is, please let him know what
I have just written. He was stopped by the Onnontaguez, rn his
way to the Flemings. You will have heard all my news. All the
Onnontaguez are on the warpath on this side of Cherermons. divided
into two bands, one of fifty, which will shortly return, the other
of two hundred, with fifty of other tribes. The Sonnonteranus
wished me to join with them, saying that they wanted to fight the
Onnontates, Ennicaragi, and French, for they are always thinking
that there is hostility between them. The second army return this
same month of September to the Ounicanicks Country, from which
they say they have carried off five hundred! people. They lost two
of their own number killed when they carried them off, and twenty-
seven when the Touloues and the Illinois caught them There is
no hope of peace among the nations on that side. The Sonnon-
teranu will go there in spring or winter, with all their force, to
deliver the Nujanicks.
Kolar spoke to the Iroquois this summer. He said, (1) Why
did you go to the fort to treat ? (2) Why did you kill the Hurons
at Temikariagi ? (3) My nephews are going to the Tannontates ;
let two of each Iroquois nation accompany them. (4) I am recalling
the Christians from the Sault. (5) I will give two black dresses
to all the Iroquois nations if those who are at Onnontague will
return. (6) Pannontis is approaching your quarters. Let me
know when he comes, I will go to him and ask what he wants.
We will see first what he is about, but do not attack or kill him.
Twenty Flemish canoes recently passed by Jalkonshiage, on their
way to the Hurons, loadled principally with brandy. Zamiuz,
Karistatsia his brother, and Onsugiron went with them, but only
as middlemen, not taking two of every nation, as Kolar said. That
is why I think that Kolar has heard of it. There are still thirty
canoes to leave the same place next spring for the Outaouacs. Six
Frenchmen joined the Flemings two months since, four in one
party and two in another, that the passage to Chambly may not
be blocked like the passage to Onontague here One Andre
AMERICA AND WEST INDIES. 277
1686.
Fanaverres with two more is gone to seek out the Kekerannou-
tonons, who, I expect, are the Nippissing Indians, to tempt them
to come and live with the Iroquois. IV e ought to make use of
Arcninnara Onnecher, who was married in the country. If my
brother does not return this winter, I do not know if I shall be
here in the spring, for I am not sure if it be not better [Here
follow several lines written in Latin, but which, being misunderstood
and miscopied by the copyist, are unintelligible. The purport seems
to be that the writer had heard that English missionaries are coming
to spread Anglican doctrine, and that he dared not write too much
lest he should get his friend into trouble.] 2^ pp. French. Endorsed.
From a father living among the ISew York Indians to a father at
Canada. Intercepted. Copy. [Col. Papers, Vol. LVIII., No.
96.]
969. Father de Lamberville to Antonie L'Epinard. Duinas's
return gives me the opportunity for thanking you for your good
offices when things would have seemed in desperate confusion.
My brother, who was in Canada, has brought back nothing but
good, finding the French without the least thought or inclination
lor war. This makes me think that God will give us peace. Had
I been obliged to withdraw from hence it would have given mo
great pleasure to have seen you; and I shall enjoy this pleasure
when God wills. If however I can be of service make use of me.
Signed, Jacq. de Lamberville, Jesuite. French. Copy. A p.
[Col. Papers, Vol. LVIII., No. 97.]
Nov. 5. 970. Minutes of Council of Maryland. Mr. Patrick Mein pro-
duced his Commission as Surveyor General of the King's Customs
in America, dated 18 November, 1685, which was read together
with the King's letter in his favour of the same date, and a letter
from the Commissioners of Customs of 7 December, 1685, to the
same purport. The Council assured Mr. Mein of their assistance,
who answered that he had satisfied himself that the hands of the
government were clear in respect of the murder of Mr. Rousby, and
had reported as much to the King. He then asked for the usual
writ ot assistance from the Council, andl for the depositions in the
cases of Loder and Captain Crofts. [Col. Entry Book, Vol. LIV.,
pp. 72-75.]
Nov. 5. 871. Lieutenant-Go vernor Molesworth to Lords of Trade and
Jamaica. Plantations. It is a great satisfaction to learn of the King's ap-
proval of the establishment of the negro trade with the Spanish.
The trade has been much impaired by the South Sea pirates, who
hinder the bringing down of the money to Porto Bello, so much
so that it has been wholly carried on in credit, the merchants and
others here having by my example and encouragement advanced
the necessary sums. As soon as the Assiento is confirmed to one
or other of tne parties that now dispute it, the trade will doubtless
increase greatly. In the last Assembly there was a party made
of the necessitous and discontented, who did their best to kill it
by laying a duty on imported negroes, which I would not permit.
They therefore represent me as too partial to the trade. It has
occurred to me that to obtain a perfect rent-roll of the King's quit
278 COLONIAL PAPERS.
1686.
rents, the Receiver-General should be empowered to administer an
oath to the tenants. Please give me your views. Hologra2)h.
Signed, Hder. Molesworth. 2 pp. [Col. Papers, Vol. LVIII.,
No. 98.]
IN'OV. 5. 972. Duplicate of foregoing. Read at the committee, 10
March 1686-7. \Col. Papers, Vol. LVIII., No. 99.]
Nov. 5. 973. " Memorandum from my Lord President." The Duke
of Albemarle continuing to apply for half the salary and half the
perquisites of the Governor of J amaica from the death of Sir Philip
Howaid, the King is pleased to allow the half salary but not half
the perquisites, for the following reasons. 1. The King never
promised more than half the salary. 2. The Lieutenant- Governor,
who has had all the expense of the government, has probably kept
no account of the perquisites, or has spent them all in the King's
service. 3. The instructions as to half salary suppose two
Governors, one absent, and the other present, by which the
Lieutenant-Governor is less exposed) to expensive living, whereas
at present Colonel Molesworth is sole Governor. 4. The Lieutenant-
Governor will have neither perquisites nor salary on the arrival <!
the Governor in Chief, and is therefore now equitably entitled to
half the perquisites at present. 1 p. Endorsed as headed. [Col.
Papers, Vol. LVIII., No. 100, and Col. Entry Book, Vol. XXXI.,
pp. *47-249.]
Nov. 6. 974. Journal of Lords of Trade and Plantations. The peti-
tion and appeal of William Vaughan read. Mr. Mason and
Nathaniel Weare, with their counsel, being present, were called
in and! heard, and the first appeal was dismissed.
Proposal from the Duke of Albemarle read that he have power to
pardon pirates. The Lords ordered the law-officers to attend the
next Committee to advise on the question.
Sir i\ r athaniel Johnson's application for a ship of war for his
passage or for an allowance in lieu, reserved for the King. A
clause inserted in Sir Nathaniel's instructions, empowering him
to appoint Lieutenant-Governors to the Islands.
Memorandum of documents sent and received. [Col. Entry
Bk., Vol. CIX., pp. 27-32.]
Nov. 6. 975. Lords of Trade and Plantations to the King. We have
Council heard the appeal of William Vaughan from a judgment given
Chamber. a g a i ns t him in New Hampshire, at the suit of Robert Mason, and
are of opinion that the judgment should be confirmed. [Col.
Entry Bk, Vol. LXVII., pp. 156-157.]
[Nov. 6.] 976. Papers in the appeal of William Vaughan against
Robert Mason. Record of an Act of Assembly passed 14
November 1682 ; copy attested by Richard! Waldern, jun., and
John Pickering. March 31 1686. \ p. Inscribed. Paper relat-
ing to Vaughan's appeal. [Col. Papers, Vol. LVIII., No. 101.]
[Nov. 6.] 977. Attestations of Richard Waldern, sen., Elias Stileman,
Richard Waldern, jun., and John Pickering, as to the appointment
of Richard Martyn to be Treasurer, and to his rendering of his
AMERICA AND WEST INDIES. 279
1686.
accounts. Feb. 25, 1686. 1 p. Endorsed. Evidence about fines
and forfeitures. [Col. Papers, Vol. LVIII., p. 102. J
[Nov. 6.] 978. Copy of the accounts rendered by Elias Stileman and
Richard Martyn as Treasurers of New Hampshire. 2 pp. [Col.
Papers, Vol. LVIII., No. 103.]
Nov. 6. 979. Lords of Trade and Plantations to the Lieutenant-
Governor and Council of Bermuda. Ordering the transmission of
quarterly accounts of proceedings. Signed, Jeffreys, Sunderland,
Kochestar, Craven, Middleton, Albemarle. [Col. Entry Bk., V>ol.
XVIII., pp. 61-64.]
Nov. 6. 980. The same to Governor Sir Robert Robinson. Heads of
enquiry to be answered. (1-4.) General questions as to machinery
of legislation and administration. (5-6.) As to militia and fortifi-
cations. (7.) As to forests. (8-11.) As to latitude, longitude, and
geographical details. (12.) As to exports. (13.) As to saltpetre.
(14.) As to population. (15.) Emigration. (16-18.) Vital sta-
tistics. (19-20.J Trade and shipping. (21-23.) Obstructions to
trade and suggested improvements. (24-25.) As to religion and
education, S^gned, Jeffreys, Sunderland, Rochester, Middleton,
Craven, Albemarle. [Col. Entry Bk., Vol. XVIII., pp. 64-72.]
Nov. 6. 981. Henry Egleton to William Blathwayt. I enclose several
Jamaica, documents and records. At the Council's rising on the 13th
October the Governor reminded them that the next day was the
King's birthday, which was duly celebrated. The Governor re-
viewed the regiment, many of whom were in scarlet, which they
had provided expressly for the day. The Governor entertained ail
the principal gentlemen and officers with a very sumptuous dinner ;
ana in the evening the Governor's ladiy being waited upon by all
the gentlewomen of quality, gave them a very fine treat, and after-
wards entertained them at a ball, composed "of a suitable number
of masqueraders, very curiously habited, and variety of music,
all managed with that admirable order as gave great beauty and
grace to it. They continued dancing very late, but the streets
shone with bonfires to light them home. Signed, Henry Egleton.
Holograph. 2 pp. Endorsed. Reed. 31 Jan. 86-7. [Col.
Papers, Vol. LVIII., No. 104.]
Nov. 8. 982. Minutes of Council of New York. Mr. Santen produced
an account of arrears from 3 November 1683, to 25 March 1686,
which, being disallowed, he was ordered to bring the balance of
all accounts to 6 October 1686. [Col. Entry Bk., Vol. LXXIII.,
pp. 35a, 36a.J
Nov. 8. 983. Journal of Assembly of Virginia. Answer of the
Governor to the Addresses of the burgesses. As to the payment
of quit-rents in tobacco, I did not think the question would have
been re-opened. The King's proclamation distinctly forbids it.
As to the schoolmasters, I am ready to give you all the assistance
and snail give orders for te examination of schoolmasters by a
member of the Council in each county, to whom I shall supply
blank licences under my hand and seal for them to distribute. 1
280 COLONIAL PAPERS.
1686.
annex copy of my 27th instruction. Committee appointed
to examine the claims put forward by certain burgesses. Two
Acts sent by the burgesses, viz., an Act about Ports, andl an Act
to restrain the killing of fish at unusual times. On the first the
Council replied that until the King's pleasure were known it would
be better not to proceed with it; the second was agreed to. An
Act to relieve the country of the expense of apprehending and
executing criminals was disapproved by the Council.
Nov. 9. Message from the Governor touching Acts repealed by the
Assembly but revived by Royal proclamation. A stern rebuke for
reversion to attacks on the Royal prerogative. A second message
as to the fees demanded for passing instruments undter the great
seal, equany of rebuke. The burgesses sent up a message as to the
claims. [Col. Entry Bk., Vol. LXXXV., pp. 356-364, and pp.
407-412.]
Nov. 10. 984. Journal of House of Burgesses of Virginia. Bills ad-
vanced a stage. Messages from the Governor of previous day
read. [Jot. Entry Bk., Vol. LXXXV., pp. 412-415.]
Nov. 10. 985. Minutes of Council of Maryland. The writ of assistance
given to Mr. Mein. Order for the issue of new commissions of the
peace for Baltimore County. Order for thirty watchcoats to be
given it. the Indians of the Eastern shore. [Col. Entry Bk., Vol.
LIV., pp. 75-77.]
Nov. 10. 986. Petition of several British subjects in Mexico andl Los
Angeles to the Duke of Albemarle. Setting forth their capture at
Triste and the violation of the articles of capitulation by the
Spaniards, and praying for redemption from slavery. Signed by
Maurice Wade and five others on behalf of the whole of the pri-
soners. Subscribed, a nominal list of the prisoners at Los Angeles,
fifty-four names. Copy, certified by Francis Hickman. The whole
4 pp. Endorsed. [Col. Papers, Vol. LVIII., No. 105.]
Nov. 11. 987. Minutes of Council of New York. Mr. Spragge asked
that Mr. Isaac Swinton might act as Secretary during his own
absence on leave for a year. Mr. Swinton was approved and took
the oath as Clerk of the Council. Business of land-grants and
patents. The Governor produced Mr. Santen's abstract of the
revenue, which was not thought satisfactory. Ordered that all the
orders in Council relating to Mr. Santen be read! at n<?xt Council.
[Col. hntry Bk, Vol. LXXIII., pp. 36a-39a.]
Nov. 11. 988. Grant of Crown lands by Governor Dongan to Philip
New York. Phillips. [Ctl. Entry Bk., Vol. LXXIII., pp. 50-53.]
Nov. 11. 989. Record of (1) a deed of purchase of land in Staten Island
by John Reay from William and Grace Marvell, (2) deed of trans-
fer of land in Long Island by James Lloyd) to Thomas Palmer ; (3)
entry of observation where the forty-five degrees of latitude
strikes the Hudson river; (4) deed of transfer of land in Long
Island by Thomas Palmer to James Lloyd. [Col. Entry Bk., Vol.
LXXIV., pp. 41-52.]
AMERICA AND WEST INDIES. 281
1686.
Nov. 11. 990. Minutes of Council of New York. Two depositions read
against Thomas Jeames, minister of Easthampton, for seditious
preaching. Order for his arrest, and for Josias Hubbard and the
clerk of Easthampton to be subpo3naed. A like paper against the
Government called the " Protest of a Committee of Easthampton "
read, also a second libel of the same kind. Order for arrest of the
ringleaders. Mr. Henry Pearsall appeared on behalf of the inhabi-
tants of Easthampton, respecting land purchased from Indians.
Ordered that the deed be proved!, or in default that the land be
bought from the Indians for the King. Orders to Major Winthrop
and Job Wright respecting their land. A dispute between the
minister of Jamaica and his parishioners settled. [Col. Papers,
Vol. LV1II., No. 106.]
Nov. 11. 991. Deposition of the principal officers of Bermuda. That
Governor Cony, far from disarming the ports, has done all that he
could to render them more capable of defence. Ten signatures.
Certified copy. 1 p. Endorsed. Reed. 15 Feb. 86-7. \Col.
Papers, Vol. LIX., No. 1.]
Nov. 11. 992. Instructions of Lieutenant-Governor Stede to Captain
John Temple, B.N. To convoy ships to St. Lucia, to carry away
the wood found cut there, to protect men landed to cut more, and
to forbid all foreigners to abide, cut wood, fish, or hunt there.
Copy. Large sheet. Endorsed with a long precis. Heed. 1 Feb.
1686-7. [Col. Papers, Vol. LIX., No. 2.]
Nov. 11. 993. Journal ,of Assembly of Virginia. Address of the
Burgesses asking for copy of the royal instruction respecting the
repeal of Acts by proclamation. On the summons of the Governor
the Burgesses attended, when the Governor made them the follow-
ing speech I wonder that while our work is progressing so well
you have not offered) an Act imposing threepence a gallon on
liquors, nor made any suggestion as to the settlement of the
militia. I understand that if I raise forces for an emergency you
will not pay them, so I shall be loth to do so if I must pay them
from my own revenue. One thing more : I have the King's orders
that the tedious sessions of Assemblies shall be regulated by me.
Nov. 12. Address of the Burgesses asking again for copy of the royal
instruction as to repeal of laws by proclamation. The Governor
replied l,hat not foreseeing any occasion for it he had left it at
home, or would certainly have shown it to them. Message from
the Burgesses, arguing the question of asking fees for passing
instruments under the great seal, deprecating the imposition of
them without consent of the Assembly, and asking that it may be
abolished. Answer of the Governor, that the Burgesses know
nothing of the matter, and had! better get on with their proper
business.
Nov. 13. Message of the Council. We find that you, the Burgesses, have
reserved the Governor's, Colonel Byrd's and Mr. Jenning's claims
for the journey to New York, for further consideration. The
282 COLONIAL PAPERS.
1686.
Governor summoned the Burgesses and gave his assent to eight
bills. 1. Act concerning runaways. 2. Acts making debts in
Maryland and Carolina pleadable. 3. Act to revise the Act for
encouragement of manufacturers. 4. Act repealing Act 17 of
1680. 5. Act to fix days for Courts in Accomack county. 6.
Act to regulate the tare of tobacco-hogsheads. 7. Act to enforce
Act 107 of 1661-2. 8. Act to improve the breed of horses. Message
from the House of Burgesses, that the proposals for settlement of
the militia cannot be accepted without laying an insupportable
charge on the county. The House conceives existing laws to be
sufficient for the safety of the country. [Col. Entry Bk., Vol.
LXXXV., pp. 365-371 and pp. 415-423.]
Nov. 15. 994. Journal of Assembly of Virginia. Message from the
Governor and Council, acknowledging the grant of Colonel Byrd's
claim, but still pressing those of Mr. Jennings and others. The
Burgesses sent up two bills. 1. A bill to continue the impost on
liquors, which was agreed to. 2. A bill touching the certifying of
public claims, which was returned with amendment. Message
from the Council, criticising the address of the Burgesses on the
militia as mistaken, the settlement of the militia being arranged
in England, not by the Governor but by Act of Parliament. Three
Acts, for repealing the Acts passed 16 April 1684, to continue the
impost on liquors and to raise a public levy, agreed to andl passed.
The Governor caused the King's letters concerning the irregu-
larities of the last meeting of the Assembly to be read and recorded,
and dissolved the Assembly. [Col. Entry Bk., Vol. LXXXV., pp.
371-373 and pp. 423-425.]
Nov. 16. 9i?5. Journal of Council and Assembly of Nevis. The Governor
and Council proposed to the Assembly to consider the proper means
of receiving the Duke of Albemarle. The Assembly deferred con-
sideration, saying that the Duke was not expected for some time.
[Col. Entry Bk., Vol. XLVIII., pp. 124, 125.]
Nov. 16. 99G. Minutes of Council and Assembly of St. Christopher's.
Proposed by the Governor and Council. 1. That the gate of the
fort on Cleverley hill be finished. 2. That an Act be drawn to
remedy defects in the militia. 3. Also an Act for punishment of
crimes committed by negroes. 4. Also an Act to confirm the
ancient privilege of shipping negroes at various places on the wind-
ward side of the island!. The Assembly concurred with the last
three ; and dissented from the first. Committees appointed for
drawing the Acts proposed by the Council. The Assembly refused
to consent that the Governor's obligation to return 48,000 Ibs. of
sugar in case the King should not consent to his receiving it,
should be cancelled, although the King appeared to have cancelled
his oruer respecting presents to Governors. [Col. Entry Bk., Vol.
XLVIII., p. 63.]
Nov. 17. 997. Lieutenant-Governor Stede to Lords of Tradle and Planta-
Barbados. tions. Since my last of October 20th (see No. 923), the owner
and master of the suspicious brigantine at Tobago have, on her
AMERICA AND WEST INDIES. 283
1G86.
arrival at Martinique, made large protests against Captain Temple
for damages sustained by the taking of the ships to Barbados, as
also for injuries received at St Lucia by his forbidding them to
cut timber, and his destruction of their towns and settlements.
These protests, with a letter from Count de Blenac, were sent me
by express with demand for reparation. Copies of them and of
my answer are enclosed. I assured Count de Blenac that I knew
01 no damage done to any of their people by Captain Temple, so
could give them no satisfaction beyond an assurance that I had
reported the whole affair to the King. I must observe in regard to
these protests that the French have not spared to say anything,
true or false, that might make a great noise. Some part of them
I know to be untrue, particularly their charge against use of rough
and inhuman treatment of the master of the brigantine, and 01
opprobrious language. On the contrary, I received them with more
courtesy than was due to them, ordered them to be despatched as
soon as the examination was over, restored all that hadi been taken
from them, and furnished them with provision for the voyage. I
knew this was done, and that they owned it before they left
Barbados, though, since their arrival at Martinique, it is denied.
Four men have not set their mark to the protests, under pretence
that they could not write, but really, I believe, from pure con-
science, knowing the allegations therein to be false. Signed,
Edwyn Stedte. Kecd. 1 Feb. Bead 10 Feb. 1686-7. [Col Papers,
Vol. LIX., No. a, and Col. Entry Bk., Vol. VII., pp. 400-401.]
Annexed,
997. i. Extract from the registers of the Civil Court of
Martinique. Depositions of several French witnesses as
to the proceedings of Captain Temple at St. Lucia. G%
very closely written pages. French. Endorsed with a
long detailed precis. Kecd. from Colonel Stedle. 1 Feb.
1686-7.
997. ii. Lieutenant-Go vernor Stede to Count de Blenac. Captain
Temple, of H.M.S. Mary Eose, met with a brigantine
under Captain Pons, and suspecting her from the lan-
guage used by the captain, from having more men than
allowed by her commission, and from other suspicious
circumstances, to be a pirate, brought her into Barbados.
Pons has not wholly cleared himself of these suspicions,
yet the charge not having been fully proved, I have dis-
charged him and his company, and have ordered all their
goods to be restored to them, which they confess has been
done. I have also furnished them with provisions. I
must observe that since you prohibit English ships to
anchor in French roadsteads you might at least specify
which those roadsteads are. You have, I hope, received
apprisal of the King of England's orders respecting St.
Lucia, Dominica and St. Vincent. I hope that you have
before now recalled all Frenchmen from St. Lucia, for I
cannot allqw them to continue there except on the condi-
tions already specified. Dated, September 29 1686. Copy,
2| pp. Endorsed as the preceding.
284 COLONIAL PAPERS.
1686.
997. in. Extract from the register of the Civil Court of
Martinique. The protest touching the capture of
Captain Pons's ship at Tobago. French. Copy. \\ pp.
Endorsed as the preceding.
997. iv. Count de Blenac to Lieutenant-Governor Stede. It is
easy to see by your letter that you seek to justify the
action of Captain Temple, though you know as well as I
do that it cannot be justified. If you do not punish him
I am sure that the King, my master, will make an ex-
ample of him. He has misexecuted your orders at St.
Lucia (Ste Alousie), and far from following your direc-
tions has fired on French subjects, pillaged them, and
taken their goods away to Barbados for sale. I thought
that I had to do with a pirate, and that his credentials
were forged, and but for your last letter I should think
so still. He has also pillaged the barque Franois of
Martinique, an act from which your letter cannot acquit
him. It appears that your orders were not obeyed in
Barbados. My passes have never caused difficulty with
Mons. Stapleton, and the rest of the English governors;
they are in the form agreed on. You wish to know
which are the French anchorages. No one has ever asked
this before, and they are well enough known. You say
vou have orders to retake St. Lucia and Dominica. I
have orders to hold them. The matter is for our masters
to decide. You say you wish to keep the peace between
the two nations. Allow me to inform you that Captain
Temple's proceedings are not best calculated to do so. A*
to Tobago, I was present when we took it from the Dutch,
and) I don't remember that the English took any part in
the capture, and you do not explain your claims. The
English Governors have always been on good terms with
me ; it is for you to uphold those good terms. Dated, 24
October 1686. One very closely written page. French.
Endorsed as the preceding.
997. v. Lieutenant-Governor Stede to the Count de Blenac. I
have received your letter of 24 October, and am surprised
to find so many reflections on my former letter, and on
my good treatment of Jean Pons and his crew. They
were brought here on the information of good witnesses
for threatening and suspicious language. I am not sur-
prised therefore that they make untrue statements. I
never used' scurrilous nor opprobrious language to them.
On the contrary, they were very well treated by me ;
their goods were restored without embezzlement, and I
ordered that they should be supplied with provisions,
without which they would have starved. If any English
subjects had spoken evil so unjustly of a French Governor
I should have chastised them. As to St. Lucia and
Tobago, I knov my duty and have done it. If Captain
Temple has done wrong my justification will avail him
little with my King, though in my* opinion the many
AMERICA AND WEST INDIES. 285
1686.
suspicious circumstances surrounding Captain Pons did
justify his action. Considering how these seas are in-
fested with pirates who pretend to hold lawful commis-
sions, I cannot see that I place undue difficulty in the way
of your passes. I cannot perceive my error in desiring you
to name the French ports. I have lived here fifteen years,
so can be no stranger to them, but your new commissions
for the confiscation of English ships make me desire
greater certainty that I may not disturb the amity of the
two nations. I thought that the treaty permitted sub-
jects of both nations to wood and water in each other's
ports. We have never denied it to French ships, yet our
subjects complain that they are denied any sort of refresh-
ment in French ports. I must therefore again ask you to
name the roadsteads that are closed to us. As to Tobago,
I have no instructions, but as the Duke of Courland
is in amity with my master, I conceive that we may visit
the Island without offence. Nor can I understand your
claim to exclude the English from St. Vincent, St. Lucia,
and Dominica. Complaint has been made of damage
sustained by the Francis through her detention at
Barbados, though I can obtain no particulars. I have
asked that these complaints may be laid before the King
of England, for I have no orders to give compensation for
damage done by our men-of-war. Copy. 2\ closely
written pages. Endorsed as the preceding.
997. vi. Commission from the Chevalier de St. Laurens to
Captain Pons of the Francis. Dated, Fort St. Pierre,
Martinique, 28 September 1683. Copy. 1 p. Endorsed
as the preceding.
997. vii. Commission from Count de Blenac to Captain Pons.
This includes an order to allow no foreign ships in French
anchorages. Dated, Martinique, 26 July 1686. Endorsed
as the preceding. [Col. Papers, Vol. LIX., No. 3i,-vn.]
Nov. 19. 998. Mons. de Seignelay to [Lord Sunderland?]. I have just
received letters that an English of fifty-four guns has anchored
at St. Lucia [Ste Alouzie], ordered the French to leave it, and
apprised M. de Blenac that this was done by order of the Governor
of Barbados. I have laid this extraordinay proceeding before the
King, who is the more surprised at it since the Treaty of Neutrality
between the. two nations in America is but a year old. The King
is convinced that both the Governor and the captain have acted
without orders. As to the property of St. Lucia, it belongs in-
contestably to France, as is proved by several deeds, notably by a
deed of sale made by the French West India Company to the
Sieur du Parquet of 27 September 1650. This was confirmed by
letters patent in the following August; du Parquet took formal
possession, built a fort and installed a governor, who remained
there until 23 June 1664. Then some English made them-,
selves masters of it, but with such full consciousness that they
had no right, that they sent deputies to Martinique to say that the
affair was an accident and abandoned the Island. St. Lucia was
286 COLONIAL PAPERS.
1686.
confirmed to tEe possession of France by the twelfth article of the
Treaty of Breda, by which the King of England bound himself to
restore to France all places possessed by her before 1 January 1665,
that had been captured by the English. Even therefore if the Eng-
lish possessed it at the time of the treaty they were bound to restore
it. I am therefore sure that the King will disown the captain's
action, &c, Extract, l^rdnch. 2^ pp. Endorsed. Reed. 22
Nov. 1686. Enclosed.
998. i. Copy of the capitulation of St. Lucia at the time of its
capture in 1664. Copy. 1 pp. Endorsed. [Col.
Papers, Vol. LIX., Nos. 4, 4i., and (letter only) Col.
Entry Bk., Vol. VII., pp. 392-393.]
Nov. 19. 999. Order of the King in Council. That the judgment of
Whitehall, the Court in New Hampshire, against which William Vaughan
appealed, be ratified and confirmed (see No. 975). Signed, Win.
Bridge.nan. {Col. Entry Bk, Vol. LXVII., pp. 158, 159.]
Nov. 19. 1,000. Minutes of Council of Maryland Nehemiah Blakis-
Nov. 20. ton sworn in as King's collector, and George Layfield as comp-
troller and surveyor of the King's Customs. Order for appointment
of a Councillor or eminent inhabitant in each county to direct and
superintend the officers for towns. Instructions to these gentle-
men. Order renewing Colonel Stevens's commission to grant land
warrants. [Col. Entry Bk., Vol. LIV., pp. 78-84.]
Nov. 20. 1,001. Journal of Lords of Tradte and Plantations. The law
officers attended on the Duke of Albemarle's proposal to pardon
pirates, and were ordered to draw up a proclamation offering pardon
to all pirates who come in within a certain time. The Lord
President communicated the King's decision as to the question of
the Duke's half salary and perquisites, with the King's reasons
for the same (see No. 973). The Duke moved his proposal as to
the restoration of Sir Henry Morgan and Robert Byndloss. The
Lords replied that he would be directed to report on the question
from Jamaica.
Colonel Stede's letter of 18 September read. The Lords directed
a circular to be despatched to all the Governors, with copies of the
Treaty of Neutrality, directing the same to be published. [Col.
Entry Bk., Vol. CIX., pp. 32-37.]
[Nov. *0.] 1,002. Petition of Robert Mason to Lords of Trade and Planta-
tions. You have been pleased to affirm the judgment in the appeal
of William Vaughan. I have been put to 'great cost for my voyage
from New Hampshire and my stay in England for this appeal,
besides damages to the amount of 1,000, through being kept out
of possession of a great part of New Hampshire by a great number
who looked for the success of the appeal. The appellant having
given security to abide by the judgment, I beg for costs and
damages. Memo. Nathaniel Weare has been allowed, as his
coming to England, 100 as a gift, 6 a month from the day he
left New Hampshire to the day of his return, 2s. a day to hire a
man to do his work in New Hampshire, and his passage both to and
AMERICA AND WEST INDIES. 287
1686.
from Eno-land. 1 p. Endorsed. Reed. 20 Nov. 86. Presented
8 Dec. 86. Annexed.
1,002. i. Short statement of grounds wherein damages are
claimed. Scrap. \_Col. Papers, Vol. LIX., Nos. 5, 5i.]
Nov. 21. 1,003. Order of the King in Council. On the petition of
Whitehall. Richard Stafford and four more prisoners from Bermuda, ordered
that they be heard by the Lords of Trade and Plantations on
the first Committee, and meanwhile be discharged) on giving
security to appear. Signed, Wm. Bridgeman. \ p. Endor&ed.
Reed. 22 Nov. 86. [Col. Papers, Vol. LIX., No. 6, and Col.
Entry Bit., Vol. XVIII., p. 90.]
[Nov. 21.] 1,004. Petition of Richard Stafford, William Keele, George
Bascom, and Joseph Hinson to Lords of Trade and Plantations.
Owing to the barbarous usage received at sea, and! the bad weather
here in England, we are reduced to great indisposition (whereof
William Righton, one of our company, is dead), and have no hope
of recovery but in a speedy return to Bermuda. A ship is sailing
thither shortly, if we could be discharged, as we doubt not that
we shall be when we are admitted to a hearing. Signed by the
four petitioners. 1 p. Endorsed. [Col. Papers, Vol. LIX., No.
7.]
Nov. 20. 1,005. Minutes of Council of New York. Examination of the
disputed claims to the land at Southampton. Order for the Indians
to come up in ten days in order to purchase the land.
Nov. 21. The Governor's instruction read, with the clause as to ships
entering the Hudson's river. Order for bringing up the
ships now lying at Amboy to New York, or, if the master refuse,
for seizure of the ships.
Nov. 22. Isaac Swinton, Clerk of Council, sworn to secrecy, Mr. West's
charge against Captain Lucas Santen, consisting of thirty-two
aVticles, read). Order for the Mayor to prohibit the keeping of
ordinaries in the city and county without a licence. [Col. Papers,
Vol. LVIII., No. 106.]
Nov. 21. 1,006. Abstract of the papers relating to St. Lucia. A digest
of Lieutenant-Governor Stede's despatches and enclosures of Sep-
tember 18 and October 20 (see Nos. 871, 923). 2\ pp. Endorsed.
21 Nov. 1686. [Col. Papers, Vol. LIX., No. 8.]
[Nov. 22.] 1,007. The Duke of Courland's agent to the King. The Duke
of Courland's recollection of the goodness of your ancestors to his
house encourages him to hope for the same protection from you
for his settlement at Tobago. The late King showed great zeal
for the success of this colony, and) your Majesty's will will suffice to
allow a few English families, who are only fit to till the soil, to
contract with the Duke for their settlement on the Island. If you
will grant this permission, pray also give orders to the Governor
of Barbados to help them to all necessaries at a reasonable price.
Signed, de Blumberg. Brought to the Committee by the Lord
President. 22 November 1686. [Col. Entry BTe., Vol. VII., pp.
303-384.]
288 COLONIAL PAPERS.
1686.
Nov. 23. 1,008. Lieutenant-Go vernor and Council of Barbados to Lords
Barbados. O f Trade and Plantations. Forwarding quarterly returns of the
Council's transactions and! of imports. Signed, Edwyn Stede,
Roberf Davers, John Gibbs, John Hothersall, John Hallett, Hen-y
Quintyne, Thomas Walrond. [Col. Entry Bk., Vol. VII., pp.
407-408.]
Nov. 23. 1,009. Minutes of Council of Barbados. The Assembly attend-
ing, the Governor reminded them of several expiring laws that
required renewal, and several payments due for repair of the forti-
fications. He acquainted them also that the King had given the
country forty great guns, which were arrived and would be
mounted as soon as the timber arrived from St. Lucia. The
Speaker begged the Lieutenant- Governor to return to the King
their thanks, and thanked the Lieutenant-Governor also for his
care. The business of Sir Timothy Thornhill and Mr. Harwood
(see post No. 1,017). Order for various payments for repairs of the
forts, to gunners, and for compensation for executed! negroes.
Order for rebates of import duty to various persons.
Nov. 24. The petition of Sir Timothy Thornhill, to be tried by special
commission, refused. The Assembly asked to be adjourned till
Monday, in order to finish the Bill of Excise. {Col. Entry Bk.,
Vol. XI., pp. 721-734.]
i\ov. 24. l.OlO. Warrant of the Governor of Jamaica to Captains Richard
Cubitt and Conway to apprehend John Coxon, the pirate, said! to
be logwood-cutting in the Bay of Campeachy. Copy. 1 pp.
Endorsed. Reed. 10 March 86-7. [Col. Papers, Vol. LIX., No.
9.]
Nov. 1,011. "William Blathwayt to Edward Cranfield, Robert Mason
and Nathaniel Weare. The appeal of William Vaughan will be
heard on the 27th inst. Draft. 1 p. [Col. Papers, Vol. LIX.,
No. 10.]
Mov. 25. 1,012. Minutes of Council of New York. The charges against
Lucas Santen read, and a copy given to him, with orders to give
an answer before Monday next. Ordter for issue of commissions
to John Wallwin as Sheriff of Cornwall county, and Nicholas
Manning as collector for the same county, also for military com-
missions to be made out for Cornwall to such persons as Captain
Palmer shall select. Captain Manning to execute Captain Palmer's
orders, prohibiting ships from entering the Kennebec without
paying duty. Mutiny of the militia in Richmond county. Major
Brockholes and Major Baxter to go to Staten Island and condemn
the mutineers to fine or corporal punishment at their discretion.
Petitions of Abraham Corbet and! Mr. Jeames read. [Col. Papers,
Vol. LVIIL, No. 106.]
Nov. 25. 1,013. Grants of Crown lands by Governor Dongan to the in-
New York, habitants of Newtown (pp. 53-61), Elias Doughty (pp. 61-63),
Thomas Hicks (pp. 63-65), Richard! Cornwall (pp. 66-67). [Col.
Entry Bk., Vol. LXXIII., pp. 53-67.]
AMERICA AND WEST INDIES.
289
1686.
Nov. 25. 1,014. The Secretary of New York to the Earl of Sunderland.
New York. Jt -win be very difficult for this Government to subsist unless
Connecticut and East and West Jersey be annexed. This place
is the centre of t^e King's territory in these parts, and is therefore
by situation the fittest to have them joined to it. The proprietors
of East Jersey have already disposed (as I hear) of more land than
there is in that province, and I am sure they must be at great ex-
pense to support it, and it is very inconvenient to the King's
interest here, this side of the river paying customs, and the other
being tree. The goods that come here cannot be consumed! there,
but are " stolen " into this government to the great prejudice alike
of the King and the merchants. The Lord Nial Campbell is
Governor of New Jersey, and one Mr. Hamilton, who has been
sent by the proprietors to report in the colony, has been convinced
by me how disadvantageous it is to the proprietors to keep it. I
have promised Lord Nial Campbell to write to that effect, and to
propose the exchange of Pemaquid for East Jersey, andl I believe
they will petition either for an exchange or that the King will
take over the plantation. Signature lost. J[ohn] S[pragg]. Holo-
graph. 1 p. [Col Papers, Vol. LIX., No. 11.]
Nov. 25. 1,015. Commissioners of Customs to Lords of Trade and
Custom Plantations. "We have considered the draft instructions to Sir
House. Robert Robinson, Governor of Bermuda, and think that the en-
closed clause should be added. Signed, D. North, Ch. Cheyne, Jo.
Werden, N. Butler, J. Buckworth, W. Dickinson, Sam. Clarke.
1 p. Endorsed. Annexed.
1,015. i. Draft instructions to the Governor of Bermuda. To
require all masters of ships on arrival to produce their
certificates of bonds, and see that the naval officers and
collectors observe proper care in granting certificates, and
that those certificates which are not attested by the Com-
missioners of Customs in England be not accepted. En-
dorsed. [Col. Parers, Vol. LIX., Nos. 12, 12i., and
Col. Entry Dk., Vol. XVIII., pp. 75-76, and 86-89.J
Nov. 26. 1,016. Henry Guy to William Blathwayt. Forwarding re-
Treasury p or t of the Commissioners of Customs (see preceding abstract).
Chambers. [ Co i p aperS) Vol. LIX., No. 13, and Col. Entry Bk., Vol. XVIII.,
p. 75.]
Nov. 26. 1,017. Lieutenant-Governor Stede to Lords of Trade and
Barbados. Plantations. In my letter of September 18 (see No. 871), I wrote
to you of the objections of the Council to the admission of Mr.
Harwood. I could not join with them in their addresses to the
King on the subject, and enjoined that all animosity on the sub-
ject must cease in the Council until the King's pleasure on their
address for Mr. Harwood' s removal were known. This order was
observed until a few days ago, when false suggestions by pernicious
whisperers and mischievous tale-bearers and backbiters raised some
of the Council to a height against Mr. Harwood. The peace has
not been broken, but passion has transported some people so much
1.
290 COLONI \L PAPERS.
1686.
beyond reason as to utter such unbecoming speeches in vindica-
tion of their own and their ancestors' reputation as to draw both
into suspicion and question. This is shown by Mr. Harwood's
enclosed inlormation against Sir Timothy, which he brought to
me. I advised with the Council thereupon, who agreed that we
could not do less than commit Sir Timothy to the custody of the
Provost Marshal, and suspend him from the Council and all his
offices, both civil and military, until the King's pleasure should! be
known. I beg you therefore to lay the matter before the King
for his orders, pending the arrival of which I conceive that Sir
Timothy cannot be admitted to a trial, though he presses me for
it, and petitions for a special commission. For I suppose that the
meaning of the instruction, that the suspension of a Councillor
must always be reported to you, together with the charge, the
evidence against him, and his answer, is that such Councillor shall
not be tried until the King's pleasure be known. His petition for
a special commission therefore remains unanswered, though at
request of the Council I have accepted bail of 4,000 for him.
Signed, Edwyii Stede. \\ pp. Endorsed. Reed. 1 Feb. Read
10' Feb. 86-7. Enclosed.
1,017. i. Depositions of John Harwoodl. Riding into Bridge-
town on 12 October 1686, I met Sir Timothy Thornhill,
who asked me to alight and speak to him, but I being
busy we agreed to meet on the green before Government
House. There he called me aside and told me that he
had heard that i had called his father a rogue and a son
of a whore, that he would not bear it, and! that but for
my gray hairs he would be revenged on me there and
then. I told him that I had used no such language as
to his father, but owned that I had called him traitor,
since he deserted to Sir George Ayscough with the best part
of his troop of horse. Sir Timothy asked me if my
father was not a traitor too, and I answered that he was
in Lord Carnarvon's regiment, and was killed fighting
for his prince at the first battle of Newbury, that I was
taken prisoner there myself and! sent to Barbados by the
Parliament. Sir Timothy said that all who fought or
pretended to fight for the King in those days were traitors
and that he owned that his father deserted to Sir George
Ayscough at Oistins. I answered that I knew it well, for
I was in the troop that took his father and him that is
now Colonel Fryer at Oistins after his desertion.
Sir Timothy rejoined that all that fought for the Parlia-
ment then were good subjects, and those that fought for the
King were rogues and traitors, since those that ruled at
Whitehall, whoever they might be, governed, all the King's
dominions and deserved the obediences. He then beckoned
John Duboyce to him, and told him what had passed.
Sworn before Edwyn Stede, 15 November 1686. Attested
copy. 1 p. Endorsed. Reed. 1 Feb. 1686-7. This
and the document next abstracted are entered in Col.
Entry Bk, Vol. XI., pp. 715-718.
AMERICA AND WEST INDIES. 291
1686,
1,017. ii. Deposition of John Duboyce. I was called by Sir
Timothy Thornhill to hear Mr. Harwood deny that he
had ever called Sir Timothy's father rogue and son of a
whore, which he did, admitting however that he called
him traitor. Sir Timothy asked Mr. Harwood to abuse
his father's ashes no more, or he would take private satis-
faction for such affronts. Sworn before before Edwyn
Stecfe. 19 November 1686. Certified copy, 2 pp.
Endorsed as the preceding.
1,017. in. Extract from the minutes of Council of Barbados, 23
November 1686. Mr. Harwood's deposition against Sir
Timothy Thornhill laid before the Council. Sir Timothy
denied the truth thereof, saying that he and Mr. Harwood
had some difference, and that Harwood had enlarged his
information out of malice to him. Both parties having
withdrawn, the Council resolved that Sir Timothy be sus-
pended from the Council and all public offices, and be
committed to the custody of the Provost Marshal. Sir
Timothy being apprised hereof, asked to be admitted to
bail, and his recognisances in 4,000 was taken for his
appearance at the next Grand Sessions, four members of
Council becoming his sureties. 24 November. Sir Timothy
Thorhhill presented a petition asking for a special court
to be held to try him for the matters laid to his charge,
but the Council madie no order thereupon. Certified copy.
3 pp. Endorsed as the preceding.
1,017. iv. Copy of Sir Timothy Thornhill's recognisance to ap-
pear at the next Grand Sessions. Taken. 23 November
1686. Certified copy. Endorsed as the preceding.
1,017. v. The petition of Sir Timothy Thornhill for a special
court for his trial. Certified copy. 1 p. Endorsed as
the preceding. [Col. Papers, Vol. LIX., Nos. 14, 14i.-v.,
and (despatch and list of enclosures only) Col. Entry BJc.,
Vol. VII., pp. 402-404.]
Nov. 26. 1,018. Deputy Governor Hill to Lords of Trade and Planta-
tions. I send the minutes of Council and Assembly. The expec-
Chnstophus. tation of Sir William Stapleton's return is the reason for the delay.
Signed, Tho. Hill. Holograph. 1 p. Endorsed. "Reed. 2 March
86-7. [Col. Papers, Vol. LIX., No. 15, and Col. Entry Bk.,
Vol. XLVII., p. 248.]
Nov. 28. 1,019. Additional Royal instructions to Governor Sir Robert
Robinson. For the enforcement of the Acts of Trade and Naviga-
tion. Countersigned, Sunderland. [Col. Entry Bk., Vol. XVIII.,
pp. 76-89.]
Nov. 28. 1,020. Instructions to Sir Nathaniel Johnson, Governor in
Chief of the Leeward Islands. These include instructions for the
formation of a Court of Exchequer, for asserting the ecclesiastical
jurisdiction of the Bishop of London, for the restitution of Tortola,
for passing a law to restrain inhuman severity to Christian ser-
vants, and for building a Government House at Nevis. Counter-
signed, Sunderland. [Col. Entry Bk., Vol. XLVII., pp. 213-229.]
S 2
COLONIAL PAPERS.
1686.
Nov. 29. 1,021. Minutes of Coun'cil of Jamaica. Sundry business with
the recounts of the Island. Mr. Smith Kellv, the new Provost
Marshal sworn. Petition of St. George's parish considered. Major
Archbold and Cornet Risby gave an account of their marches
against the rebel negroes, and the account of the operations was
reviewed at length. Resolved to keep a standing party, to be
raised from the two parties of St. George's and St. Mary's parishes,
and to be paid! regularlv ; but since the Treasury is empty, agreed
to recommend them to the good offices of the vestries of the Island.
In the meantime all officers are ordered to be vigilant, and all
footmen of the militia, who have a good horse and equipment and
shall be willing to serve in the horse, shall be transferred thereto.
The good service of the Attorn ev-Gen era! in the suppression of
piracy was brought forward. [Col. Entry Bk., Vol. XXXVI.,
pp. 136-144.]
[Nov. 29.] 1,022. Copy of a commission issued to Bartholomew Sharpe by
Sir William Stapleton, dated 29 January 1683-4. Certified, 11
Sept. 1686. Wndorsrd. Reed, from Mr. Pepys 29 Nov. 86. \Col.
Papers, Vol. LIX., No. 16.]
Nov. 29. 1,023. Journal of Assembly of Barbados. Bill for an impost
on liquors and for appraisement of negroes and slaves read a third
time. A letter from Sir Timothy Thornhill read, disclaiming the
disloyal words imputed to him by Mr. Harwood, and begging the
testimony of the Assembly to his lovaltv, dated November 29.
Answer of the House, expressing surprise that Sir Timothy should
be accused of dislovalty, considering the many high offices that he
has discharged with honour. Act for an impost on liquors passed!.
Nov. 30. Adjourned to 25 January.
164.]
[Col. Entry Bk., Vol. XIV., pp. 161-
Nov. 30. 1,024. Minutes of Council of Barbados. The Assembly brought
up a Bill to lay an imposition on liquors, representing that it
had been passed with some irregularities by reason of haste ; it
being expedient to pass it before the old Act should expire, and
before the Lieutenant-Governor should 'go for a cruise for the
establishment of his health. The Lieutenant-Governor said that
such irregularities would be a bad precedent, that he could not
pass the Bill, that though he was just going aboard ship he would
wait, and beggedl them to think of the best means for setting
the matter right. The Assembly therefore passed a short Act *o
continue the expiring Act, which was passed by the Council for
three months' duration only. Order of the Lieutenant-Governor
committing the care of the Island to the members of Council,
during his absence at sea, within the limits of his government.
[Col Entry Bk., Vol. XI., pp. 735-737.]
Nov. 30. 1,02. Acts of Barbados passed in 1686.
Act for the governing of convict rebels transported.
Act to appoint a Treasurer.
Act appointing a Committee of Public Accounts.
The above passed 4 January 1686.
Act to continue various expiring Acts. Passed 26 October 1686,
AMERICA AND WEST INDIES. 293
1686.
Act of appraisement of negroes and slaves. Passed 29 November
1686.
Act to continue an Act for an impost on liquors. Passed 30
November 1686. [Col Entry Bk., Vol. XIV., pp. 145-171.]
[Nov. ?] 1,026. Commission to Christopher, Duke of Albemarle, to bo
Governor of Jamaica. The power of Vice- Admiralty and of sus-
pending the King's naval officers are included in this commission.
\Col. Entry Bk., Vol. XXXI., pp. 219-241.]
Dec. 1. 1,027. Governor Dongan to Mons. de Denonville. I have re-
ceived yours of 1 October. 1 findl you were angry at the writing,
and therefore fear that it was ill turned into French, for I have
no great skill in your language. I have sent a copy in English,
and desire you to believe that 1 wish for nothing more than a good
correspondence between us and that 1 shall protect none who give
me occasion to suspect them. I have not solicited! or bribed the
Indians to arm or make war against you, on the contrary my care
to keep those inclined to war in quiet has been so great that one
word is enough for them. I have forbidden them to join any others
against you, and! have suffered none to plunder. I have only per-
mitted several of Albany to trade among the remoter Indians, but
with strict orders not to intermeddle with any of your people ; and
I hope they will find the same civility from you. It is so far from
pillaging, that I believe that it as lawful for the English as for the
French to trade there, we being nearer by many leagues than you
are. Pray send me word who it was that pretended to have my
orders for the Indians to plunder and fight you, for I assure you L
am altogether as ignorant of any enterprise made by the Indians
out of this government as I am of what you mean by Alihillmiquin.
I have acted according to my professions. I have asked you to
send for the deserters. I know not who they are, but had rather
such rascals and bankrupts, as you call them, were among their
own countrymen, and shall expel them, instead of detaining them,
when I hear from you. It is true that I ordered our Indians, if
they met with any of your people or ours on this side of the lake
without a pass from you or me, to bring them to Albany. I
thought this in accordance with the wishes expressed in your letter,
for s;ich are, as you say, very ill people, ready to lie to Christians
as well as heathens. The missionary fathers, if they will but do
me justice, can tell you how careful 1 have been to preserve them.
I have strictly ordered our Indians not to use any cruelty or in-
solence towards them, and have written to the King, my master,
wko has as much zeal as any prince for the propagation of the
Gospel, how needful it is to send fathers to preach to the Indians.
Care will then be taken to turn them from their drunken de-
bauches, though certainly our rum does as little hurt as your
brandy, and, in the opinion of Christians, is much more wholesome.
However though to keep the Indians temperate and sober is a very
good and Christian performance, yet it seems a little hard and very
Turkish to prohibit them all strong liquor. What I wrote of the
pay due to me in France is very true. The intendant made out
the account and signed it, and I gave the copies to Mons. Pagaiou
294 COLONIAL PAPERS.
1686,
in the street of St. Honour to put into the hands of the Duchess
of Orleans' chaplain. Pray do not trouble yourself about it, for I
will {jet the matter represented from England, and I doubt not of
the French King's generosity. Be sure that I wish above all to
preserve the union between the two crowns. Signed, Tho. Dongan.
3 pp. Copy. Endorsed. [Col. Papers, Vol. LIX., No. 17.]
Dec. 2. 1,028. Minutes of Council of New York. Order for John
Cavalier, the door-keeper, to be allowed ninepence for every person
bringing him a petition, eighteen pence on every patent passed,
and ninepence for every person cited before the board. Informa-
tion against Thomas Jeames for using seditious words in a sermon,
and against several others for publishing seditious protests against
the orders of the Governor and Council. The offenders fined.
Lucas Santen was granted extension of time for preparing his de-
fence. Major Howel appeared on behalf of the inhabitants of
Southampton. [Col. Papers, Vol. LVIII., No. 100.]
Dec. 2. 1,029. Governor Richard Cony to the Earl of Sunderland.
Repeats his last letter and continues. Since then the country has
been much quieter, throwing off their cabals and sundry other of
their evil practices ; but I cannot move them to repair the forts,
though they have, without me, ordered people to draw lines of new
fortifications. Nor can I induce them to build or support a building
wherein I may secure my commission, and where myself and
family may lie dry in our beds, for every wet dav searches all the
corners of the house. I should be glad to defer any Courts of
Judicature till the arrival of a ship from England. The report of
a new Governor has totally flung them back from sundry com-
pliances to which I thought at last that I had gained them. They
will not par the soldiers in the castle, except with fine promises ;
they will not disburse a penny for any public concern, and the King
must pay for all, and yet they defraud the King all they can.
Now everyone is transported with expectations of immunity from
the King and of favours from Sir Robert Robinson. If they follow
their old methods they will quarrel with him as they have with
me. As to my selling the country to the Spaniards, I know my
own innocency too well to be dlejected at such scandals. William
Peniston left the Island in July for Barbados, and thence for Eng-
land with articles drawn up against me, though of what nature I
know not. I hear that Mr. Williaih Penn has complained of me
as to one Conway, a merchantman, who touched here. Had he
rightly understood my care of his passengers he would have -given
me thanks rather than complaints. The transactions are herewith
enclosed, as nearly as I could take them in the confusion to which
the people had reduced me, and with such officers as I had. All
business lay on me yet nothing was done, nor ever will be without
a strong party of soldiers and good officers. Sir Robert Robinson
will find the people as I have found them, faithless, smootK-tongued
hypocrites. I have done my best to reduce this people, I have
brought the Island into a better condition of defence than ever be-
fore, I have servedl the King to the best of my ability, and I find
repose and calm in the thought,
AMERICA AND WEST INDIES. 29 5
1686.
I should have sent this letter before could I have found a ship
that I dared trust. If any homeward bound ship conies from the
Islands the inhabitants take their provisions and dissuade them
from coming in by slandering" me. So that I lose my chances of
writing and the country its chances of commerce ; but the richer
sort would not have any trade here but of their own intro-
ducing, which will end in the ruin of the poor who are com-
pelled to buy at extortionate rates. I received a letter five weeks
ago from the Commissioners of Customs, and another from Mr.
Dyre, acquainting me that he had appointed William Peniston
to be the King's receiver here. Peniston's commission has been
hidden by his friends who received it in his absence, and so the
King's customs are defrauded. Since the arrival of my own com-
mission I have appointed a searcher, and filed an account of all ex-
ports and imports, so that when the Surveyor comes (and I expect
nim daily) he may demand the dues. That commission is, I per-
ceive, very unwelcome to the country. They never believed the
King would demand customs, but rather expected him to give
them his royalty of whale fishing, the Crown lands and the public
lands to be disposed of at their discretion. They will now long for
the late Company again. Mr. Dyre's letter was dated 20 April ; it
arrived five weeks since by hand of a Bermudian from New York,
and I am surprised that it did not reach me earlier, for there is
frequent trade between New York and Bermuda, The letter was
not delivered me until the news of a new Governor was come, which
made them more negligent at the forts than they have been since
the dlays of Bascom and Keele. Guard was seldom kept by day or
night in spite of all that I could do. The men are well paid, but
pride, sloth, long neglect and evil custom have corrupted them.
They hope with a new Governor to evade duty again, and the place
will be in no small hazard of capture, for doubtless the Spaniards
will visit us in the spring. I much doubt the courage of the
Berniudians, and fear their treachery as much, nay, more than
any damage that the Spaniards could do us, were the people
resolute and trusty, which believe me, my lord, they are not. It
was a Bermudian who piloted the Spaniards into Providence, and
there are hundreds in the Island who, if any ene'my landed, would
be as ready as the enemy to plunder. There is great want of
ammunition for the castle and forts. I have supplied all public
necessaries out of my own small stock of money almost since I
came, but not a penny will the country raise to reimburse me. I
found no public stock here nor can 1 get any account from the
Sheriif, wnp was also receiver and disburser, and now my small
purse is at the lowest ebb. About ten days ago a large chest with
some small linen was found staved against the rocks. Four days
after came ashore the King's arms, such as are generally carried
on a ship's stern. I judged it to belong to a ship of between two
and three hundred tons, but we know not as yet what she was. I
learn that in September last the Spaniards came to Carolina about
one hundred and forty strong, plundered! the Governor's house and
carried off twelve of the slaves, doing much damage. The in-
habitants are now sending two French privateers with two hundred
296 COLONIAL PAPERS.
168G.
of the privateers' crews and three hundred of their own to take
the forts and burn the town of St. Augustine. The Crown tenants
here are forbidden to pay their rents, and threaten that if they
do they shall be madle to repay the rent to the country. In a
word the aims of the people are to weary out the King with com-
plaints and obstinacy, that in the end they may get the govern-
ment into their own hands. If they fail they will go to other
parts, and to that end are building vessels ready for trading wher-
ever they go. Thus much of the timber is ruined, the heart of
the land is worn out, and the country falls into ruin. Signed,
Bichard Cony. Holograph. Three very closely written page*.
Endorsed. Reed. 15 Feb. 86-7. \Col. Papers, Vol. LIX., No. 18,
and Col. Entry Bk., Vol. XVIII., pp. 103-110.]
Dec. 3. 1,030. The Secretary of Nevis to Lords of Trade and Planta-
tions. Sending duplicates of the minutes of Council, and proceed-
ings of the Secretary's office and naval office. Signed, Tho. Fen-
ton. 1 p. Endorsed. Reed. 31 Jan. 86-7. [Col. Papers, Vol.
LIX., No. 19, and Cot. Entry Bk., Vol. XLV1I., p. 248.]
Dec. 4. i,031. Journal of Lords of Trade and Plantations. The State
of the King's title to St. Lucia read (see next abstract], and ordered
to be laid before the King, together with a state of his title to
Tobago, prepared in answer to the Duke of Courland's memorial.
The appeal of William Vaughan heard, the decree of Chancery
of New Hampshire reversed, but the appeal in the matter of the
ketch Diligence dismissed, and a fine imposed for beating a King's
officer affirmed.
Memorandum of documents sent and received. [CoL Entry Bk.,
Vol. CIX., pp. 37-40.]
[Dec. 4.] 1,032. The King of England's title to St. Lucia. In 1605
sixty-seven English landed and took possessiqn of the island. Sir
Thomas Warner, who first settled the Caribbee Islandls, took
possession of it about 1626 and appointed one Major Judge to be
Governor. It was granted, witlj the neighbouring Islands, to
James, Earl of Carlisle, in 1627. In 1662 Francis, Lord Willoughby,
purchased it from the natives for the King, andi in 1665 sent one
Robert Cook there as Governor with eleven hundred men from
Barbados, who, finding several Frenchmen there who had been
there since 1643, transported them to Martinique, and remained
on St. Lucia for a considerable time. As to the application of
these English to the French at Martinique (see No. y98), it ap-
pears that being in great straits for food, some of them did betake
themselves to Martinique, though without any commission from
the Governor, and alleging the hardship that they underwent in
St. Lucia begged for transportation to Barbados. To obtain this
they were persuaded to go before the Governor and Council of
Martinique and acknowledge the French right to St. Lucia, but
this was disavowed by Governor Robert Cook ; all of which is proved
by authentic relations of the French themselves. The Island has
always been included in the King's commissions to the Governor
of Barbados, who is empowered to appoint a Deputy Governor
AMERICA AND WEST INDIES. 297
1686.
andl Council. Colonel Stede's conduct is therefore justified. *Tlie
12th article of the Treaty of Breda does not effect the present case.
The English never put St. Lucia into the possession of the French
nor did they ever take it from them, the English King's right
having never been discontinued since 1605.* Draft, with correc-
tions. 3 pp. Endorsed. Bead at the Committee. Dec. 4 1686.
The paragraph marked * to *, is omitted in the Entry Book. {Col.
Papers, Vol. LIX., No. 20, and Col. Entry Bk., Vol. VII., pp.
393-394.]
[Dec. 4.] 1,033. The King of England's title to Tobago. The Island
was taken possession of by Sir Thomas Warner in 1626, and
granted to James, Earl of Carlisle. Several years before the
Restoration, the Duke of Courland and some Zealanders attempted
a settlement there, but the Duke was wholly dispossessed by the
Zealanders of the Island!, and by the Dutch West India Company
of his Fort St. Andrew in the Gambia. In 1661 Sir Robert Holmes
took Fort St. Andrew, which was given to the Royal African
Company of England. It was claimed by the Duke of Courland,
but he being very anxious to regain Tobago he received it as a
grant from the King of England, who retained Fort St. Andrew.
Notwithstanding this, however, the Dutch held the Island in 1672,
when it was retaken by the English and the plantations destroyed.
After the peace the Dutch resettled Tobago, until driven out by
the French in 1676, when the island! was left desolate unti] some
Dutch ships were fitted out to settle a plantation there as pretence
of the Duke of Courland's right ; but without success. In Sep-
tember 20 the Duke's agent, Abraham Mason, made a contract
with Captain John Poyntz that the Duke should grant to Poyntz
and Company 120,000 acres of. land in the island. This matter
came before the Committee, when the Attorney-General reported
that the King's grant of Tobago to the Duke was void in law. The
Lords also pointed out the disadvantage that an island so close
to Barbados should! be in foreign hands. The articles granted to
Poyntz by the Duke violated the original spirit of the grant, and
it may be questioned whether, considering the failure of the Duke
to fulfil his agreement and the number of times that the Island
has changed hands, the King should recognise the Duke's
title to Tobago at all. Read and approved, 4 Dec. 1686. [Col.
Entry BL, Vol. VII., pp. 384-386.]
[Dec. 4.] 1,034. Memorial presented to the Duke of Courland's agent.
Recapitulating the details in the preceding abstract with the
following decision. The King does not hold himself obliged f,o
admit theDuke of Courland's title nor to permit his subjects to
settle there, for if the inhabitants be counted foreigners no other
of the English plantations could lawfully trade with them, and if
they be counted English they must not entertain any traffic with
a foreign country. Read and approved at the Committee. Dec.
4 1686. [Col. Entry Bk, Vol. VII., pp. 387-388.]
Dec. 4. 1,035. The King to Lieutenant-Governor Edwyn Stede. Ap-
pointing John Reid to be sworn of the Council of Barbados.
Countersigned, Sunderland. [Col. Entry Bk., Vol. VII., p. 396.]
298
COLONIAL PAPERS.
1686.
Dec. 5.
Wmteaall.
Dec. 4.
Council
Chamber, i
Dec. 4.
Dec. 6.
Dec. 6.
Mew York.
Dec. 7.
Dec. 7.
Dec. 7.
Dec. 7.
1.036. Royal instructions to Lieutenant-Governor EcLwyu
Stede. For the encouragement and protection of the Royal
African Company, and the suppression and punishment of inter-
lopers, and of such as buy negroes from them. [Col. Entry Bk.,
Vol. VII., pp. 395-396.]
1.037. Lords of Trade and Plantations to the King. On the
appeals of William Vaughan we are of opinion (1) that the appeal
against a fine imposed ior assaulting an officer of the Customs be
dismissed ; (2) that the appeal in the matter of the sloop Diligence
be dismissed ; (3) that the third appeal in favour of Richard
Martin be allowed, and that the decree of the Court of Chancery of
New Hampshire be reversed. We recommend the allowance of
20 costs to the successful party in each case. [Col. Entry Bk.,
Vol. LXVII., pp. 160-161.]
1.038. Minutes of Council of New York. Petition of Thomas
Jeanies read. Petition of Robert Allen against the seizure of his
ship rejected. Captain Santen's defence read. The Attorney-
General produced his proofs, which were ordered to be copied.
Captain banten laying a charge against some person not named, was
required to name him, but refused. [Col. l j apers, Vol. LVIII.,
No. 106.]
1.039. Minutes of Council of New York. Petition of Abraham
Corbet granted. Business of land grants. Captain Santen ordered
to file his information against the ship Mariner's Adventure. Mr.
Arnold's salary of 50 allowed. [Cot. Papers, Vol. LVIII., No.
106.]
1.040. Grants of Crown lands by Governor Dongan to Joseph
Sachett (pp. 68-71), John West (pp. 71-74), Benjamin Smith
(pp. 74-Y6), inhabitants of Southampton (pp. 77-87). [Cot.
Entry Bk., Vol. LXXIV., pp. 68-87.]
1.041. Cruising orders of Lieutenant-Governor Molesworth to
Captain Charles 'ialbot, R.N., with supplementary orders of 14th
and 16th December. General orders for the protection of shipping
and capture of pirates between St. Domingo and Jamaica. Similar
orders to Captain Sprag. 24 November 1686. To cruise to the
Mosquitos in search of the pirate Banister. Supplementary order
of 26 JNovember. The whole 4 pp. Endorsed. Reed. 10 Mar.
87. [Cot. Papers, Vol. LIX., No. 2l.]
1.042. Si^n manual for the payment of 200 as travelling ex-
penses to Sir Robert Robinson. Countersigned, Rochester. Copy.
p. Endorsed. [Col. Papers, Vol. LIX., No. 22.J
1.043. Warrant of the proprietors of Carolina for the allot-
ment of three thousand acres of land to James Mantell Goulard die
Vervaut. Signed, Craven, P. Colleton, Tho. Amy. [Col. Entry
Bk., Vol. XXII., p. 101.]
1.044. Warrant of the same for the grant of twelve thousand
acres of land to James Mantell Goulard de Yervaut. Signed,
Craven, P. Colleton, Tho. Amy. [Col. Entry Bk., Vol. XXII. t
p. 102.]
AMERICA AND WEST INDIES. 299
168C.
Dec. 8. 1,045. Journal of Lords of Trade and Plantations. The com-
plaint of Richard Stafford and others of Bermuda heard (see No.
1004). Order for the complainants to be released, and reparation
to them to be made.
Petitions of the parties in Vaughan's appeal to costs. Costs
regulated at 20 on each appeal.
Memorandum of documents sent and received. \Col. Entry
Bk, Vol. CIX., pp. 40-44.]
Dec. 8. 1,046. Memorandum of Lords of Trade and Plantations. Ci>
several petitions from Mr. Cranfield and others, the Lords agree
that in all appeals brought from the Colonies there shall be allowed
the sum of twenty pounds costs for each appeal to the persons in
whose favour judgment is given. [Col. Entry Bk., Vol. XCVII.,
p. 236.]
[Dec. 8.] 1,047. Petition of Nathaniel Weare to Lords of Trade and
Plantations. I hear that of three appeals of William Vaughan,
the second was given in his favour. 1 beg to be allowed the an-
nexed bill of costs on the second appeal. \ p. Annexed.
1.047. i. The bill of costs referred to. Total 69 15s. 6d. En-
dorsed. Reed. 8 Dec. 1686. [Col. Papers, Vol. LIX.,
No. 23, 23i.]
Dec. 8. 1,048. Petition of Edward Cranfield to Lords of Trade and
Plantations. Great expense has been aaused to him by two
appeals brought against him before the Lords by "William
Vaughan, both of which were dismissed. Prays for damages and
costs. Copy. 1 p. Endorsed. Presented 8 Dec. 86. Annexed.
1.048. i. The bill of costs referred to, amounting in all to 31
10s. 1 p. Endorsed. [Col. Papers, Vol. LIX., Nos.
24, 24i.]
Dec. 8. 1,049. A collection of papers relating to the charge of traffic
with an interloper preferred by Robert Byndloss against William
Beeston and others (see No. 586).
1.049. i. Lieutenant-Governor Moles worth's commission to
Andrew Langley and Peter Heywood, justices of the
peace, to examine into the charges of Robert Byndloss.
Dated 26 [should be 16th] Nov. 1686. Copy. 1 //.
Copied on same sheet. The letter of the Lords of Trade
and Plantations of 6 July, and an extract from Byndloss's
original letter.
1,049. ii. Certificate of Andrew Langley and! Peter Heywood,
that they have taken the necessary depositions. Copy.
1 p. Dated, 16 Nov. 1686 [shoidd be 26th], Endorse!.
Jamaica, 8 March 1686-7. Reed. 23 June 1687 from Mr.
Byndloss.
1,049. in. Memorandum of the questions to be addressed to wit-
nesses, seventeen in all. An additional question put bj
Sir Henry Morgan, together with his warrant from Bynd-
loss for doing so. 3 pp.
1,049. iv. Depositions of Doctor Isaac Brown in answer to the
questions. 27 November 1686. 3 pp.
300 COLONIAL PAPERS.
1686.
1,049. v. Depositions of Humphrey Knollis and Jonathan
Knollis. 1 Dec. 1686. 4 pp.
1,049. vi. Depositions of Walter Carey and Thomas Lovell.
Same date. 2 pp.
1,049. vn. Depositions of Thomas Peck and Solomon Deleon.
Same date. 2^ pp.
1,049. vni. Depositions of Thomas Purchase and Richard Evans.
Same date. 3 pp.
1,049. ix. Depositions of William Cole. 8 December 1686. l\
pp.
1,049. x. Depositions of John Browne and Robert Baxter.
Same date. 3 pp. [Col. Papers, Vol. LIX., Nos.
25i.-x.]
Dec. 8. to 1,050. Records of (1) purchase of land from Indians by
Dec. 20. Governor Dongan, (2) power of attorney given by Edward Griffith
to Jacob Milborne ; (3) deed of sale of a sixth share in a ship by
Edward Antill to Charles Lodowyck; (4) dieed of mortgage on a
ship from James Shore to Edward Anthill ; (5) four letters of
probate of wills from Governor Dongan. [Col. Entry Bk., Vjl.
LXXIV., pp. 52-68.]
Dec. 9. 1,051. Minutes of Council of New York. The Governor
instructions read. Order for the revenue laws unrepealed by tha
King that have been made since 1083 to remain in force. Captain
Santen produced documents against the ship Adventure, on which
the Council, deeming them insufficient evidence, ordered her dis-
charge. Order for the preparation of a law against privateers,
the law-officers being of opinion that under the Governor's com-
mission it can be passed by the Governor and Council only.
Captain Santen again charged! persons unnamed with embezzfe-
ment of the revenue, and was ordered to furnish the names. [Col.
Papers, Vol. LIX., No. 106]
Dec. 9. 1,052. Petition and answer of Lucas Santen to an order of
New York. Council of New York of this day. In consequence of the Governor's
prejudice against him, and in favour of the other parties concerned,
he believes neither his life nor his fortune safe to prosecute his
case here, but is ready to justify himself in Council. Signed,
Lucas Santen. Certified copy. % y. Endorsed. \jCol. Papers,
Vol. LIX., No. 26.]
Dec. 10. 1,053. Order of the King in Council. Ordered, on the dismissal
Whitenall. of the appeal of William Vaughan in the matter of the ketch
Diligence, that appellant pay 20 to Edward Cranfield for his
costs in attending the trial, and that Sir Edward Andros see to the
payment thereof. Signed, Phil. Musgrave. [Col. Entry Bk., Vol.
LXVII., pp. 162-163.]
Dec. 10. 1,054. Order of the King in Council. That William Yaughan
Whitehall pay 20 to Robert Mason for his costs in attending his appeal.
Signed, Phil. Musgrave. [Col Entry Bk., Vol. LXVII., p. 163. J
AMERICA AND WEST INDIE8. 301
1686.
Dec. 10. 1,055. Order of the King in Council. Ratifying the fine of
Whitehall. f or ty shillings imposed on William Vaughan by the Court of New
Hampshire, and ordering him to pay 20 to Edward Cranfield for
his costs in attending the appeal. Sir Edmund Andros to see
to the payment. Signed, Phil. Musgrave. [Col. Entry Bk., Vol.
LXVII., pp. 164-165.]
Dec. 10. 1,056. Order of the King in Council. That Richard Martyn
Whitehall. pay 20 to William Vaughan for his costs in his appeal against a
decree of the Court of Chancery of New Hampshire. [Col. Entry
Bk, Vol. LXVII., p. 165.]
Dec. 10. 1,057. Order of the King in Council. Report of Lords of
Whitehall. Trade and Plantations, recommending that the prisoners from
Bermuda be allowed to return home, there being nothing proved
against them, and that their property, if seized, be restored to them,
and that Sir Robert Robinson see that they are indemnified for
their hardships. Dated, December 8 1686. Ordered accordingly.
Signed, Phil. Musgrave. [Col. Entry #, Vol. XVIII., pp. 95-
97.]
Dec. 13. 1,058. Minutes of Council of New York. Order for every
Monday to be the Council's day for consideration of the King's
affairs, and every Thursday for the hearing of public business.
The Council's report on Captain Santen's business read. Ordered
that he bring his accounts from 25 March last to the auditors ap-
pointed, and give security for payment of all arrears and for faith-
ful discharge of his duty in future. Order for the waiters' accounts
against the Mariner's Adventure to be paid at the King's charge.
Order for a commission to be made out to the former auditor to
examine Captain Santen's accounts. Report of the Council on
Captain Santen. After examination we find that Captain Santen
has been negligent in keeping his accounts, and in not making due
payment of the King's revenue. He has disobeyed your commands
in Council, and used scurrilous exDressions against the Attorney-
General. We think that he ought to give security for payment of
arrears and future good behaviour. Signed, Ant. Brockholes,
Geo. Baxter, Fre. Flipson, Jno. Spragge. [Col. Papers, Vol.
LVIII., No. 106.]
[Dec. 14.] 1,059. Petition of the justices of the peace of the Narragansett
Country to the King. The settlement of this province has long
been delayed by the factious behaviour of John Greene of War-
wick. On the publication of the instrument establishing the new
government, this John Greene and James, his brother, with others
of Warwick, tore dfown the proclamation and carried it away. He
has since refused the mediation of the President of New England
and the Governor of Rhode Island for settling the boundaries of
Warwick and quieting the contentions and disputes which he has
stirred up here by false deeds and other ill means. We hear too
that he is trying to retard the royal regulation of Rhode Island,
by inducing the inhabitants to sign certain papers drawn up by
himself, and to contribute money to send him to carry his cause-
less complaints to Whitehall, whither he is now gone, without any
302 COLONIAL PAPERS.
1686.
lawful power from the Governor and Company of Rhode Island.
We beg that the designs of Greene may be checked, and his papers
referred to the President and Council of New England, or to other
competent iudges, when we may all be heard. Signed, Rd. Whar-
ton, Richd. Smith, John Saffin, John Fones, Elisha Hutchinson,
Francis Brinley. Large sheet. Endorsed. Reed. 14 Dec. 86.
[Col. Papers, Vol. LIX., No. 27.]
[Dec. 14-3 1,060. Petition of the proprietors of Pawtuxet, in the town-
ship of Providence, Rhodle Island, to ibe King. William Harris
showed in 1677 that we had been kept out of rightful possession
of our lands. An assize was appointed at Providence that same
year, judgment was given for us in five actions, and the result was
reported to the late King. Major John Greene, of Warwick, a
great oppressor of ours, thereupon posted to Whitehall, and in the
absence of Harris, obtained a stay of execution on the second ver-
dict. On Harris's arrival the King ordlered the first and three last
judgments to be executedl, and the second to be reheard. But
Greene, by collusion with the officer appointed by the Government
of Rhode Island, has rendered the King's orders ineffectual, and
Harris, on going to England again was captured by Algerine
pirates and soon after died. Hearing that Greene is again on his
way to Whitehall, we beg that his complaints may be referred to
the President and Council of New England, that so we may obtain
justice. Signed, Nathaniel Thomas, as attorney to the proprietors.
1 p. Enclosed. Reed. 14 Dec. 86. [Col Papers, Vol. LIX., No.
28.]
Dec. 15. 1,061. Additional instructions from Governor Sir Robert
Robinson. For the execution of order in Council of 10 December
in reference to the prisoners sent from Bermuda (see No. 1,057).
Countersigned, Sunderland., [Col. Entry Bk., Vol. XVIII., pp.
97-98.]
Dec. 16. 1,062. Circular. Lords of Trade and Plantations to the
Governors of Colonies. Ordering the publication of the Treaty of
Neutrality with France in America. Signed, Sunderland, Jeffreys,
Rochester, Ormond, Maddleton, 'Dartmouth, Godolphin. [Cdl.
Entry Bk, Vol. XCVII., pp. 236-237.]
The same to the Governor of Virginia. [Col. Entry Bk., Vol.
LXXXIII., pp. 117-119.]
Dec. 16. 1,063. Minutes of Council of New York. On petition of John
Smith, ordlered that the Indians do not molest him. Order for
arrest of Simon Sarion, John Tread well, and Jonathan Smith, to
answer for their contempt of the order of the Council. Order for
a warrant permitting Lord Nial Campbell to purchase three thou-
sand acres of land adjoining Jacob de Key. The Attorney-General
moved that Captain Santen may be obliged to put in his charge
against him. Ordered that Santen put in his charge against Mr.
Graham in writing by Monday next. [Col. Papers, Vol. LVIII.,
Fo. 106.]
AMERICA AND WEST INDIES. 303
1686.
Dec. 16. 1,064. Declaration of Lucas Santen. In obedience to order in
New York. Council of 13 December, I have drawn out my accounts from 3
November 1683 to 25 March 1686. and an abstract- thereof from
the latter dlay to the 13th December ; and I am ready to shew my
books and give satisfaction to any auditors that shall be appointed,
except James Graham and Thomas Cocker, for reasons already given
this day. Signed, Lucas Santen. Certified copy. \ p. Endorsed.
[Col. Papers, Vol. LIX., No. 29.]
Dec. 16. 1,065. Reasons alleged by Lucas Santen against the nomina-
tion of James Graham and Thomas Cocker as auditors of his
accounts. Graham is appealed by me before the King and Council
for certain misdemeanours. Cocker is Surveyor-General of Customs
and receives a duplicate of all my entries. Certified copy. 1 -p.
[Col, Papei-s, Vol. LIX., No. 30.]
Dec. 17. 1,066. Lieutenant-Governor Molesworth to William Blath-
Jamaica. wayt. Captain Talbot has been cast in his action against the
unfree ship by libelling her in the Admiralty as if she had been
taken at sea, whereas she was in port, and for not positively assert-
ing the time of seizure. On this nicety judgment was given against
him, much to his dissatisfaction, and the more so because
I had promised the merchants, who had set before me the
equity of their case, to forego my share of the forfeiture, which
would have been one-third if the action had been brought, as it
should have been, for a seizure made in port. However, to evade
that as well as a trial by jury, he libelled the vessel in the
Admiralty, for which he had some colour. Two days before the
seizure, I was informed of a vessel anchored , scandalously in the
mouth of the port, and laden with logwood, which had given no
bond and was evidently bound for some foreign port. I ordere-l
Captain Talbot to send a boat on board to see what their business
was, and if she were not free to come in to take possession of her
till further orders, which was done. The owners applied to me,
saying that they were not within the compass of the Act, as the
Bay of Honduras, where logwood is shipped, is not an Engliin
colony. I answered them, " Then you are robbers, for how can
you pretend to cut logwood unless you take the country for an
English settlement? You had better call it an English colony,
and bring yourselves within the Act, or you may find yourselves
in worse circumstances." Then they asked that she might come
into port. Next day Captain Talbot told me he had reason to
believe her a foreign-built ship. I told him to seize her if he
thought fit, not knowing that according to local custom as old as
I can remember, she was free. He was told of it before he mads
the seizure, and therefore he libelled! her in the Admiralty Court.
Some of Banister's people, who had been sent up here from
Honduras, gave me such an account of his condition among the
Indians that I have sent Captain Spragge aftsr him with a sloop,
in order the more easily to trepan him aboard. None of these
men of Banister's (except two, who are now ii gaol) were even sus-
pected to have been aboard him when committing his piracies, but
were shipped at the Mosquitos, Banister being disguised ancl
304 COLONIAL PAPERS.
1686.
passing under another name, so that they did not discover until they
were on the point of going to sea. Then some of them escaped to
Honduras, where they warned a merchantman of Banister's designs,
and were sent by him to me.
I have lately taken another of the South Sea pirates with three
of his entertainers. The pirate was executed, but I thought that
of the other three the execution of one would suffice for an ex-
ample ; the more so as the case can be tried in the Court of
Admiralty, where there is no jury for them to depend on. Courtney,
a sloopman, was acquitted by a jury at last Grand Court, though
it was positively proved that he had been with the French at
Campeachy. The Court was much surprised! and rebuked them
severely ; and the prisoner was detained in custody for trial on
other charges. I am expecting a list of several old debts due to
the King for fines, escheats, &c., and a list of houses at Port Royal
belonging to pirates of the South Sea, which will become for-
feited to the King under the late proclamation. I have given
orders for the taking of evidence from all witnesses sworn by
Colonel Byndloss in the matter of the interloping ship Hawk. I
have seen none of them so far, but I hear that he is likely to
make out the most material part of his information. Whether
all his pains were really intended for the King's service, or to gratify
his private piques is a question I leave to others. To prevent the
like neglect in the seizing of interlopers in future, I have en-
trusted the duty to particular persons, for what is really every-
bodly's business is commonly thought to be nobody's. Reed. 10
March 1686-7. [_Col. Entry Bk., Vol. XXXI., pp. 326-333.]
Dec. 18. 1,067. Receipt. A list of papers received from William Blath-
wayt. Signed, Robt. Robinson. 1 p. Endorsed. [Col. Papers,
Vol. LIX., No. 31.]
Dec. 18. 1,068. Similar receipt for the great seal of Bermuda, and press.
Signed, Robt. Robinson. 1 p. Endorsed. [Col. Papers, Vol.
LIX., No. 32.]
Dec. 19. 1,069. Journal of Lords of Trade and Plantations. A number
of requests from the Duke of Albemarle read. 1. For salary for a
gunner. 2. For a fund for repairing the King's houses. 3. For
release of his baggage from duty. 4. For books of homilies. 5.
For information as to the Admiralty in Jamaica. 6. For power
to visit neighbouring colonies. 7. For record in the Council
books that he be not responsible for the revenue applied without
the Council's consent. 8. For two foot companies to be sent to
Jamaica. 9. For rehearing of his case as to the half perquisites.
Several Acts of Jamaica received and referred to the Lord Chan-
cellor. Colonel Molesworth's letter of 28 September read (see
No. 883).
Colonel Stede's letter of 20 October read. Extract of a letter
from Captain St. Loe read touching letters of reprisal granted
against the Spaniards by Governors of Colonies.
The address of Randall Helden read. The Lords' note that the
matter is dlealt with by Sir E. Andros's instructions. [Col. Entry
Bk., Vol. CIX., pp. 44-49.]
AMERICA AND WEST INDIES. 805
1686.
Dec. 20. 1,070. Mtnutes of Council of New York. Act against
privateers read a first time. Order for seizure of goods landed by
one Ceafford and one Campbell, without paying duty. Captain
Santen brought his answer to the last order in Council. [Col.
Papers, Vol. LVIII., No. 106.]
Dec. 20. 1,071. Petition of Lucas Santen, in reply to order in Council
New York, of 16 December. Having not impeached James Graham or any
other in the colony, I do not conceive myself obliged to prose-
cute him. Signed, Lucas Santen. Certified c&py. \ p. An-
nexed.
1,071. i. Copies of two orders in Council of January 3rd and
August 5th 1685, as to alleged breach of the Navigation
Acts by the ship Charles, and as to the time from which
the King's proclamation regarding the Royal African
Company takes effect. 1 p. [Col. Papers, Vol. LIX.,
Nos. 33, 33i.]
Dec. 23. 1,072. Minutes of Council of New York. Simon Sarion, John
Treadwell and Jonathan Smith were brought up, made their de-
fence and were discharged, paying their fees. [Col. Papers, Vol.
LVIII., No. 106.]
Dec. 24. 1,073. Instructions of the Surveyor-General to the collectors
of revenue in Virginia. Thirty-two heads. Signed, Pat. Mein,
Surveyor-General. '\ pp. [Col. Papers, Vol. LIX., No. 34.]
Dec. 26. 1,074. Lords of Trade and Plantations to the Governor of New
Council England. Ordering the publication andl execution of the Treaty
Chamber. o f ^ e utralitv between France and England in America. [Col.
Entry Bk, Vol. LXI., p. 340.]
The same to the Governor of New Y,oik. [Col. Entry
BK< Vol. LXVIII., pv. 147-148.1
To the Governor of Barbados. [Vol. VII., p. 397.]
To the Governor of Jamaica. [Vol. XXXI., >m>. 197-199.1
To the Governor of the Leeward Islands. [Vol. XLVII. t y.
241.]
To the Governor of Bermuda. [Vol.. XVIII., pp. 99-100.]
Dec. 27. 1,075. Minutes of Council of New York. Order for the town
of Brookhaven to set out a hundred acres, a house, and a house lot,
for the use of a minister for ever. [Col. Papers, Vol. LVIII., No.
106.]
Dec. 30. 1,076. Report of the proceedings of a Court of Admiralty, held
at Charlestown, Nevis, on Bartholomew Sharpe and his company
for piracy. The Grand Jury was impannelled and sworn on 24
December, but on Sharpe's request for time to prepare his defence,
the Court was adjourned to the 30th, when the Grand Jury threw
out the bill. Captain St. Loe proposed! that the crimes for which
the prisoners had been indicted being committed near Jamaica,
they might not be cleared bv proclamation, but sent to Jamaica
for trial. Certified copy. The whole. 5 pp. Endorsed. Reed,
from Sir James Russell, 22 March, 1686-7. [Col. Papers, Vol.
LIX., No. 35.]
I- T
306 COLONIAL PAPERS.
1686.
Dec. 1,077. An account of the ordnance, carriages, and ammunition
found in New England, December, 1686. The forts viewed were
those of Boston, and of Portsmouth, New Hampshire. [Col. Entry
Bk., Vol. LXI., pp. 348-351.]
Dec. 1,078. Returns of shipping and exports from New England in
1686. [Col. Entry Bk., Vol. LXIII., pp. 1-8.]
1,079. Memorandum addressed to the French Commissioners
for their information. From an exact account received from Mr.
Palmer, the judge at Pemaquid, as to the ship Joanna and the wine
on her, it appears that the wine were not seized at Penobscot first,
nor in the bay that bears its name, but on the New England side,
on the western side of the river. After this it can hardly be
doubted that the whole enterprise has been fraudulent, and con-
trary to the law of England, which forbids anv merchandise to
be carried to the "West Indies except in English bottoms. The
culprit, Philip Severell, therefore deserves no protection from the
French King, and, indeed, cannot receive it, as the matter is of
concern onlv to the King of England, having taken place on his
territory. French. 2 pp. Draft, very ill-written, with corrections.
Endorsed. Annexed,
1,079. i. Deposition of George Goare. As to the voyage of the
Joanna and the seizure of the wine. Sworn before J.
Palmer, 23 July 1686. and before J. Dudley, President,
1 Oct. 1686. 2 pr>. Endorsed.
1,079. n. Deposition of William Card to the same effect. Sworn
before J. Palmer, 28 July 1686. li pp. Endorsed.
1.079. in. Deposition of Joseph Perrv. Sworn 29 July 1686.
H P7>- \- C l - Papers, Vol. LIX., Nos. 36, 36i.-iii.]
1.080. Warrant for payment of a chaplain, an armourer, and a
gunner, to be added to the establishment of the two independent
companies at New York. Countersigned, William Blathwayt.
Copy. J p. Endorsed. 1686. [Col. Papers, Vol. LIX., No. 37.]
1.081. Accounts of the Royal African Company. Negroes last
year produced 3,423 Ibs. of sugar a head, but sugar is fallen from
12^. Qd. to 65. bd., so that the company here lost by the fall in
sugar from 10Z. to III. a head. Gross proceeds of the year's trans-
actions, 4,275Z. Deduct for freight and customs, 1,402Z. Balance,
2,872?. Large sheet. Endorsed. 1686. [Col. Papers, Vol
LIX., No. 38.]
1.082. An account of escheats in Jamaica, not brought to
account since the departure of Governor Lord! Vaughan. Value,
1,062Z. Two large sheets, with the information arranged in columns.
Endorsed. Reed, from Colonel Molesworth, 10 March 1686-7
[Col. Papers, Vol. LIX., No. 39.]
1.083. Petition of Henry Mudd to the King and Lords of Trade
and Plantations. A ketch belonging to petitioner was captured in
the West Indies by the pirate Juan Corso, retaken by some English
buccaneers, and carried into New York. Petitioner begs restitu-
tion of the vessel. 1 p. On the next page. Deposition of Edward
AMERICA AND WEST INDIES. 307
1686.
Oakly, mate of the vessel in question, as to the capture and plunder
of the ship by Juan Corso. 1 p. Copies. [Col. Papers, Vol.
LIX., No. 40.]
New York. 1,084. An account of stores granted! without a licence in New
York in 1686. A paper used in the charges against Lucas Santen.
1| pp. Col. Papers, Vol. LIX., No. 41.]
1.085. Account of the distribution of the salvage money for
the bale of silk picked up by the ship Mariner's Adventure. Signed,
M. Nicolls. 2 pp. [Col. Papers, Vol. LIX., No. 42.]
1.086. Inssription of Lord Culpeper's seal for the quit rents of
the Northern part of Virginia. " Thomas Lord Culpeper, Owner
of the Northern tract of Virginia." Scrap. [Col. Papers, Vol.
LIX., No. 43.]
1.087. Petition of Theophilus Hopkins. Repeating the request
and argumento in his former petition (see No. 660), as to the King's
silver. ' 1 p. [Col. Papers, Vol. LIX., No. 44.]
1.088. Proposals for settling a method for fines and recoveries
and for collecting the dues known as the King's silver, in America.
That a Commission be granted, with power to appoint sub-commis-
sioners to inspect these dues. That the King ordain that all fines
acknowledged before the Governor or judge of a Court of Common
Pleas, all recoveries suffered there, and all fines acknowledged or
warrants of attorney taken before Commissioners authorised by
the Governor, shall be of the same force with fines and recoveries
in England, and that fines with non-claims shall bar as in England.
That a law be passed in the Colonies enacting that all persons
holding land by grant, deed, or writing, and! producing the same
to the Commissioners within six months, and compounding and
paying the King's silver there as if these had been fines levied,
shall hold the same according to the purport of such writing as if
there had been fines levied thereon, though the parties that
executed the same should be dead at the time of payment of the
King's silver, or femes couvertes at the time of the execution of
such writing. That the Commissioners have power to execute
oaths, and that they be also appointed chorographers of fines, and
keepers of the rolls, records, and register-books relating to lands and
enrolling of deeds in the Colonies, with power to appoint deputies
and to take such fees as are usually paid in England. Undated
and unsigned. 2 pp. [Col. Papers, Vol. LIX., No. 45.]
T2
308
COLONIAL PAPERS.
1687.
1687.
Jan. I.
[Jan.]
Jan. 2.
Virginia.
Jan. 3.
Jan. 3.
Jan. 4.
Jan. 6.
1.089. Account of stores sent from the Office of Ordnance to
St. Christopher's, from 1 January, 1677-8 to 1 January 1686-7.
1 p. Endorsed. [Col Papers, Vol. LIX., No. 46.]
1.090. Account of stores required! for the use of the fort on
Cleverley Hill, St. Christopher's. 1686. 1 p. Endorsed. Sir
Nathaniel Johnson's memorial. [Col. Papers, Vol. LIX., No. 47.]
1.091. Governor Lord Howard of Effingham to the King.
Humble wishes for a happy New Year to his Majesty. Signed,
Effingham. Holograph. \ p. Endorsed. Reed. May 87. [Col.
Papers, Vol. LIX., No. 48," and Col. Entry Bk, Vol. LXXXIII.,
p. 124.]
1.092. Minutes of Council of New York.. Petition of J. Rusio.
Petitioner referred to his legal remedy. Francis Stepney pro-
hibited from teaching dancing, and ordered to find security for
good behaviour, he having been expelled from Boston for loose
behaviour. [Col. Papers, Vol. LIX., No. 49.]
1.093. Minutes of Council of New England. Orders for a Bill
to be prepared for raising a revenue, and for the duties on imported
liquors in Rhode Island, New Plymouth, Providence, and King's
province to be the same as in New England. A Committee
appointed to revise and collect the laws for the new Government.
Orders for the usual times and places to be continued in Rhode
Island and New Plymouth, for Courts and for marriages, until
further ordler. Order for a county rate of one penny in the pound.
[Col. Entry Bk., Vol. LXIV., pp. 110, 111.]
1.094. Minutes of Council of Nevis. Sir James Russell in-
formed the Council that Captain St. Loe, of H.M.S. Dartmouth,
had several times refused to obey his orders, and! had positively
declined to release some sailors that he had pressed, unless Captain
Bartholomew Sharpe's men were delivered to him in their place.
The King's letter to the Governor brought by Captain St. Loe, was
read, also Captain St. Loe's orders from the Governor to pursue
Captain Sharpe. The Governor verbally ordered Captain St. Loe
to give up the men, but he refused, unless as many men were
delivered to him in their steadl. The Governor proposed a measure
for validating wills which were improperly attested, owing to
ignorance of testators; consideration thereof was deferred. [Col,
Entry Blc., Vol. XLVIII., pp. 131, 132.]
AMERICA AND WEST INDIES. 309
1687.
Jan. 6. 1,095. Minutes of Council of New York. Petition of Francis
Stepney granted, he having complied with the former Order in
Council. Patents to three towns passed. [Col. Papers, Vol. LIX. t
No. 49.]
Jan. 10. 1,096. Minutes of Council of New York. Order for a Com-
mission for Captain Billop to be Surveyor of Staten Island. {Col,
Papers, Vol. LIX., No. 49.]
Jan. 12. 1,097. Commissioners of Customs to Governor Sir Edmund
Custom Andros. We find that under colour of a trade to Newfoundland
House. f or sn ^ great quantities of European goods are imported into
the American Colonies, and particularly into New England. The
Island! is become a kind of magazine of contraband goods. You
will give all people to understand that Newfoundland is not a
plantation nke other of the King's Plantations, and that all such
goods will be seized ; and you will take effectual care that no goods
are introduced from them into New England, by strict enforcement
of the Navigation Acts. Signed, D. North, Cha. Cheyne, Jo.
Werden, N. Butler, William Dickinson, J. Buckworth. [Col.
Entry Bk., Vol. LXI., pp. 410-411.]
Jan. 12. 1,098. Minutes of Council of New England. Letter from the
Governor of Connecticut of 6th inst. read. Order that the Secretary
send the Order in Council of 4th inst,, for collection of the King's
rate, to the Treasurer to be enforced. I Col. Entry Bk., Vol.
LXIV., p, 111.]
Jan. 12 1,099. Copy of deposition of Don Juan Santiago de Castillo.
'22. concerning a seizure by John Nicolas, captain of the Custom-house
boat, together with the captain's reply to the same. Arranged
paragraph by paragraph. 6 pp. Affidavits of Governor Hender
Molesworth of ~ J anuary and l ~ January, of Reginald Wilson,
Henry Egleton, Peer Beckford, and Antonio [name illegible], in
reference to the case. The whole, 13^ pp. Spanish. Endorsed.
Heed. 2 June 87, from Colonel Molesworth. [Col. Papers, Vol.
LIX., No. 50.]
Jan. 13. 1,100. Minutes of Council of New York. Order for Lucas
Santen to deliver all the papers of his office from 25 March last
to Stephanus Van Cortlandt for audit, and all the money that he
has of the King's, before one o'clock this afternoon. Adjourned
to three p.m. Mr. Cortlandt said that Mr. Santen refused to obey.
Ordter for the papers to be seized. Order for suspension of Mr.
Santen, and for appointment of Peter Delancey in his place. 2^
pp.
Jan. 14. Report of James Swinton, that he had seized the papers of Lucas
Santen and John Smith, as ordtered. 3i pp. [Col. Papers, Vol.
LIX., No. 49.]
Jan. 18. 1,101. Minutes of Council of New York. Order empowering
the Auditors to examine witnesses on oath for the discovery of
frauds on the King's revenue since November, 1683. Order for a
proclamation dissolving the Assembly. [Col. Papers, Vol. LIX. t
No. 49.]
COLONIAL PAPERS.
310
1687.
Jan. 19. 1,102. Journal of Lords of Trade and Plantations. Paper from
the Duke of Albemarle read (see No. 1,069). Ifive Acts of Jamaica
read and referred to the Lord Chancellor. Colonel Molesworth's
letter of 28 September read (see No. 883).
Colonel Stede's letter of 20 October read (see No. 923).
Extract from a letter of Captain St. Loe read, touching commis-
sions granted by Governors of Colonies against the Spaniards in
America. Agreed to lay it before the King. Memo. The King
ordered an instruction hereupon, forbidding issue of such com-
missions.
Letter from Randall Holden on behalf of Rhode Island read.
The iords remark that provision is made for the matter in Sir
Edmund Andres's instructions. [Col. Entry Bk., Vol. CIX., pp.
44-49.]
[Jan. 19.]; 1,103. Proposals of the Duke of Albemarle. The first seven of
those abstracted in No. 1,069. 1 p. Endorsed. Read at the Com-
mittee, Jan. 19, 1686-7. [Col. Papers, Vol. LIX., No. 61, and
Col. Entry Bk., Vol. XXXI., pp. 249-252.]
[Jan. 19.} 1,104. Petition of Robert Mason to Lords of Trade and Planta-
tions. The late Court of Massachusetts, though their agents dis-
claimed all right and title to New Hampshire, refused to record
my title thereto. The appeal of William Vaughan against my
tit^e has been dismissed, i beg therefore that Sir Edmund Andros
may be instructed to inspect my grants and to cause the bounds of
my property to be settled, and that the title thereto be recorded,
that I may receive no further disturbance. 1 p. Inscribed. Reed.
Jan. 19, 86-7. [Col. Papers, Vol. LIX., No. 52.]
[Jan. 19.]; 1,105. Petition of John Greene to the King. Before I left
Rhode Island, one Mr. Richard Wharton and his associates, Captain
Elisha Hutchinson, John Saffin, Richard Smith, and John Browne,
had given interruption to several towns within the Colony and the
King's Province. Since my arrival here I have received letters
from Warwick of October 1686, declaring that John Browne still
persists in interrupting them in their landls as well as the lands
belonging to the town of Providence. I am amazed at their bold-
ness in trenching on your Majesty's interest in the King's province.
We thank you for sending out Sir Edmund Andros, and hope that
he may do us justice, and we beg for instructions to him to give
us relief. Signed, John Greene. Holograph. Large sheet.
Endorsed. Read 19 Jan. 86-7. [Col. Papers, Vol. LIX., No. 53.]
[Jan. 19.] 1,106. Petition of Nathaniel Weare, agent for the inhabitants
of New Hampshire, to Lords of Trade and Plantations. Begging
for an early hearing of the subject matter of his address, referred
to them by Order in Council of 3 July last. 1 p. Inscribed.
Reed. 19 Jan. Read 10 Feb. 86-7. [Col. Papers, Vol. LIX., No.
54.]
Jan. 20. 1,107. The Lieutenant-Governor and Council of Barbados to
Barbados. Lords of Trade and Plantations. Forwarding quarterly returns of
the Council's transactions and of imports. Signed, Ediwyn Stede,
AMERICA AND WEST INDIES. 311
168T.
Tho. Walroiid, Henry Quintyne, Fran. Bond, John Reid, John
Hallett, John Gibbes. [Col. Entry Bk. } Vol. VII., p. 426.]
Jan. 21. 1,108. Oraer of the King in Council. Referring the petition
of Richard Scott to Lords of Trade and Plantations for report.
Signed, William Bridgeman. p. Annexed,
1,108. i. Petition of Richard Scott to the King. Against several
irregular and arbitrary proceedings in the High Court
of Chancery of Barbados, in a cause where petitioner's
father was plaintiff against Samuel Dyer, and begging
for an appeal. 1 pp. [Col. Papers, Vol. LIX., Nos.
55, 55i., and Col. Entry ilk., Vol. VII., pp. 406, 407.]
Jan. 22. 1,109. Minutes of Council of New York. The Auditors
appointed to examine the accounts brought in their report, which
was read to Mr. Santen. He was then told that on finding security
for the payment of the amount of his debt to the revenue he might
be discharged, but, failing to do so, was remanded. [Col. Papers,
Vol. LIX., No. 49.]
Jan. 22. 1,110. Minutes of Council of New England. The King's letters
of 9 and 21 October last read, and the Lords of Trade's letter of
24 October. On Mr. Randolph's representation, Boston, Salem,
Piscataqua, IN ew Bristol, and) IN ewoort were declared the sole ports
of entry. [Cot. Entry Bk., Vol. LX.IV., p. 112.]
Jan 22 1.111. Governor Sir James Russell to Lords of Trade and
Nevis. Plantations. I am sorry to be obliged to complain of the dis-
obedience of Captain St. Loe, of H.M.S. Dartmouth. On the 19th
of April 1686, when sent to cruise for pirates, he sailed to Porto
Rico, contrary to orders, and lost two men killed and nearly had
his ship sunk, because he could shew no authority from tne
Governor for going there. At another time he seized an Irish
ship with provisions, which was condemned ; but notwithstanding
the fact that the people here were almost starving, he sent a sloop
away without leave, and! sold the provisions at St. Eustatia to the
Dutch. I then ordered him to Bermuda, to take and seize
Bartholomew Sharpe, and thence to sail to Boston to make his
ship safe in hurricane-time and to refit. But contraiy to orders,
he takes Captain Sharpe (who had been most serviceable to the
Governor of Bermuda) and his ship, never tries men or ship, but
sails for New England, keeping him andl eighteen of his men on
the Dartmouth, to the great expense of the King's provision, goes
to Barbados and cruises thereabout for three weeks for recreation.
He then returns to Nevis, nearly two months after the time
appointed for him, brings the prisoners but not the ship, which he
had laden and manned trom the frigate, though not yet tried ; and
Sharpe and his men are tried before a Court of Admiralty and
acquitted for want of evidence. His insolence to me, and his
abuses to all Deputy-Governors and Councils of these Islands want
a better pen than mine to describe. He has had thirty barrels of
powder trom me, besides what he brought with him, but still
craves for more, though I* could not understand how he could have
expended above ten barrels. I enclose the trial of a Spanish pirate
31 2 COLONIAL PAPERS.
1687.
taken "by Captain John Bear, to whom Sir William Stapleton gave
a commission. The commission was. continued on the departure
of the frigate from the station. Signed, Ja. Russell. Copy.
Endorsed. Annexed,
1,111. i. Copy of proceedings of a Court of Admiralty held at
Nevis, 18 October 1686, for trial of the Spanish ship La
Soldad, libelled by Captain John Bear for piracy.
Verdict guilty. 7^ pp.
1,111. ii. Deposition of Sampson Gideon. As to piratical acts
of the ship Soldad. Taken 17 Jan. 1686-7. \Col.
Papers, Vol. Z//X, Nos. 56, 661, n., and Col. Entry JBk.,
Vol. XLVII., p. 261.]
Jan. 25. 1.112. Minutes of Council of Barbados. Sir Thomas Mont-
gomery produced a patent for the office of Attorney-General, and
was sworn. The Lieutenant Governor, on the attendance of the
Assembly, recommended to them the revision of the laws, and the
clearing of the port of St. Michael's. The Assembly submitted the
names of the Committees which they had appointed for these
purposes, and brought up a bill for settling of the charity given
by Mr. Philip Trowell, which was returned to them for amendment.
On address of the Assembly, the payment of Mr. Cartwright for
transcribing the journals and laws was authorised. Committees
of Council appointed to join with those of the Assembly for revising
the laws and improving the port of St. Michael's. On petition of
the parish of St. Michael's, the Lieutenant Governor sent down a
bill lor preserving vestries.
Jan. 26. On the petition of the vestry of St. Michael's, 74/. 7*. Qd., arrears
of rates due to it from Fontabelle plantation, was ordered to be
paid.
Jan. 27. Sundry payments for repair of fortifications were ordered, as
well as 700/. for cost of work on the magazine. Orders for rebate
of duties to various persons for wine turned "eager" and sour,
and for payment of 4U/. in compensation for two negroes executed.
[Col. Entry Bk., Vol. XII., pp. 1-12.]
Jan. 25. 1,113. Journal of Assembly of Barbados. Committees appointed
for the revision of the laws and for cleansing St. Michael's harbour.
Act concerning Philip Trowell's charity read and passed. Order
for payment of 4:81. to Richard Cartwrjght. Additional Act con-
cerning vestries passed. Adjourned to 22 February. [Col. Entry
Bk., Vol. XIV., pp. 164, 165.]
[Jan. 26.] 1,114. Additional proposals of the Duke of Albemarle. Those
numbered 8 and 9 in Ao. 1,069. 1 p. Endorsed. Read at the
Committee, Jan. 26, 1686-7. \Col. Papers, Vol. LIX. t No. 57, and
Col. Entry Bk., Vol. XXXI., p. 252.]
Jan. 27. 1,116. Minutes of Council of New York. Petition of Joseph
Woodham granted; petition of John Campbell referred to the
Court of Exchequer ; petition of the Mayor and Aldermen of New
York granted. Petition of Mr. Santen read. Ordered that his
papers, excepting his letters to the Xing and his charges against
AMKKICA AND WEST INDIES.
313
1687.
the Governor, be delivered to him ; and that if he will give security
for making goodl his defalcations and 5,00(M. bond to go directly
to England and surrender to the king's officers, he may be set at
liberty. Order for a commission for John de Bruyn to be captain
in Pinhorne's stead. [Col. Papers, Vol. LIX., No. 49. J
Jan. 28. 1,116. Minutes of Council of New England. Order that, pur-
suant to the Royal order, no papers or books shall be printed in
New England without a licence. [Col. Entry Bk., Vol. LXIV.,
p. 113.]
Feb. 1. 1,117. Minutes of Council of New York. Order for Mr.
Spragge to enquire of Mr. Santen what is done about the excise of
tin for the present year. [Col. Papers, Vol. LIX., No. 49.]
Feb. 2. 1,118. The Secretary of Virginia to Lords of Trade and Plan-
Virginia, tations. I send the Journals of Assembly and the Acts lately
passed, iou might have expected to find among the latter an
Act empowering the governor and Council to lay a levy of twenty
pounds of tobacco per poll on the inhabitants during tne intervals
of Assemblies, to ue accounted for to the next Assembly. Such
an Act would have been a great ease to the people, but even though
it was for tilled by the King's express directions, the Assembly,
notwithstanding tne Governor's frequent representations, could not
be persuaded! to pass it. As little could the Governor prevail with
them, though for their own safety, so to form the Militia as to
rentier it S3rviceable against Indians and foreign enemies and awful
to unruly spirits at home. Both measures were deemed necessary,
but the easy inclinations of some good men were so wrought upon
by the insinuations of ill-humoured spirits that neither -of them
was passed. You will notice an Act to restrain the planting of
tobacco after the last day of June. This stuck long with the
Governor, though he was much pressed by the burgesses. He
would not have consented to it except in consideration that even
if full crops should not be planted by the last of June, the crop
this year is too large to carry off, so that the overplus of the present
crop will make goodl the deficiency of the next, and the King's
Customs will not suffer. As, moreover, the Act lies before the
King for confirmation or disallowance, the Governor allowed it to
pass, hoping to sweeten the Assembly to discharge the public debt,
which is now nearly three years in arrear. Peace having been
made with the Northern Indians, the Governor has disbanded the
four standing troops. I hope the peace may last. Signed, Nicho.
Spencer. Holograph. 2 pp. Endorsed. B/ecd. 9 May. Bead
18 May 87. [Col. Papers, Vol. LIX., No. 58, and Col. Entry Bk.,
Vol. LXXXIII., pp. 136-139.]
Feb. 2. 1,119. The Secretary of Virginia to the Lord President. I
Virginia, transmit the laws passed last session; pray make allowance for
them. The country is peaceful, with fulness of plenty, and never
with greater hope. Thank you for obtaining for me leave of
absence. Signed, Nicho. Spencer. Holograph. 1 p. Endorsed.
Reed, 11 May 87. [Col. Papers, Vol. LIX., No. 59.]
314 COLONIAL PAPERS.
1687.
Feb. 2. 1,120. Report of Lordls of Trade and Plantations on the pro-
posals of the Duke of Albemarle (see No. 1,069). 1. We cannot
advise the payment of a gunner in Jamaica by the Office
of Ordnance ; if necessary, he should be paid from the
revenue of the Island. 2, We think that provision should be
made for maintenance of the King's houses out of the Island's
revenue. 3. We think that a frigate should be provided for the
Duke's passage, and allowance made for all that cannot be carried
thereon, 4. The Admiralty Office of Jamaica is fully noticed in
the Duke's instructions. 5. We think that the Duke may be
allowed to repair to other Colonies for his health, but we cannot,
in view of the rule as to half salary, recommend! an allowance of
600. a year to the Lieutenant Governor during his absence. IS or
can we advise that more than the half salary be given to him from
the day of Sir Philip Howard's death ; the perquisites must be the
Lieutenant Governor's until the Duke assumes the government.
6. We think that Colonel Walker may be added to the Council,
and that the Duke, on his arrival, might report on the case of the
suspended Councillors. 7. The Duke is asked to bear no more
responsibility than that borne by every Governor of a Colony from
the first. 8. We cannot advise the despatch of two foot companies
to Jamaica, unless a sufficient fund be first provided in the Colony
for raising, transporting, and maintaining them. [Col. Entry Bk.,
Vol. XXXI., pp. 253-258.]
Feb. 4. 1,121. Order of the King in Council. Approving the report oi
the Lords of Trade and Plantations on the Duke of Albemarle's
proposals of February 2 (see preceding abstract), excepting that the
Duke's claim of half the perquisites be referred to the Commis-
sioners of the Treasury for report. [Col. Entry Bk., Vol. XXXI.,
p. 258.]
Feb. 4. 1,122. The King to Lieutenant Governor Stede. Ordering
Edward Cranfield to be sworn of the Council of Barbados. [Col.
Entry Bk., Vol. VII., p. 435.]
Feb. 5. 1,123. The King of France to the Count de Blenac. Ordering
the observance of the Treaty of Neutrality of ~ November 1686,
and in particular the execution of Articles 14 and 15 against
pirates. /Signed, Louis. Countersigned, Colbert. French. Copy.
2 pp. Endorsed. [Col. Papers, Vol. LIX., No. 60.]
Feb. 7. 1,124. Commissioners of Customs to the Lords of the Treasury.
Custom We have perused the instructions to Sir Nathaniel Johnson, and
House. U( j them agreeable to those formerly drawn for other Governors.
Signed, W. Dickinson, Ch. Cheyne, D. North, Jo. Werdten, T.
Chudleigh, Sam. Clarke, N. Butler, J. Buckworth. 1 p. Endorsed.
Eecd. from the Treasury. 12 Feb. 1686-7. [Col. Papers, Vol.
LIX., No. 61.]
Feb. 7. 1,125. Minutes of Council of New York. Petition of Mr.
Santen. The former answer to him repeated (see No. 1,115).
AMERICA AND WEST INDIES. 315
1687.
Feb. 8. Judge Palmer's opinion read, that John Smith may be en-
damaged for meddling with the King's revenue. His reasons for
his opinion. Resolved that John Smith is answerable to the King
for the sums he meddled with ; the Attorney-General to lodlge an
information against him. [Col. Papers, Vol. LIX., No. 49.J
Feb. 9. 1,126. Journal of Lords of Trade and Plantations. Colonel
Stede's letter of 17 November as to St. Lucia read (see Nv. 997),
also his letter 26 November as to Sir Timothy Thornhill. Agreed
to advise that Sir Timothy be brought to speedy trial. Petition
of Richard Scott read. Agreed to hear the case on 15 August. A
copy to be sent to Colonel Stede.
Draft instructions to the Duke of Albemarle read and approved.
Memorandum of documents sent and received. [Col. Entry Bk. t
Vol. CIX., pp. 49-53.]
Feb. 9. 1.127. Lieutenant Governor Moles worth to William Blathwayt.
Jamaica. On the 28th January, Captain Spragge returned to Port Royal,
having succeeded in the task that I assigned to him, with Captain
Banister and three of his consorts hanging at his yard-arm, a
spectacle of great satisfaction to all good people and of terror to
the favourers of pirates, the manner of his punishment being that
whicn will most discourage others, which was the reason why I
empowered Captain Spragge to inilict it. Banister seemed to have
no small confidence in Jis friends. I find from letters that he
wrote to some of them that he intended to plead that he had been
forced into all that he had done by the 'rench. How far this
would have prevailed with a Port Royal jury I know not, but I
am glad that the case did not come before one. There are a dozen
or so more of this gang under one Kelly, who are gone up the river
Nicaragua, and are expected back at the Mosquitos. They will
probably be seized by the Indians and sent here in one of our
turtling sloops. The Indians owe a great reverence for the King
of England, and would not help Captain Spragge until he had
shewn his orders and given them written directions how they were
to act. Captain Spragge brought other prisoners with him, who
have not yet been tried. One of Banister's men was shot dead for
refusing to surrender, and two boys who were with him, under
compulsion it seems, I have pardoned. [Col. Entry Bk. t Vol.
XXXI., pp. 323-325.]
Feb. 10. 1,128. Minutes of Council of Jamaica. The Governor brought
the matter of the parties sent against the rebellious negroes before
the Council. The money already expended! amounted to 330/., and
he had circulated six parties for two months, each consisting of an
officer ac five shillings a day, a sergeant at half-a-crown, and
twelve men at eighteen pence, which amounted to 4281. He asked
the Board to agree to send out these six at once, instead of prolong-
ing the trouble ty sending only single parties. The Council con-
curred. Order fo* the parties to be raised, two by Port Royal, two
by St. David's, one^by St. Andrew's, and one by St. George's and
St. Mary's. Every officer to receive forty shillings, every sergeant
thirty, and every man twenty, in advance. Colonel Barry promised
316 COLONIAL PAPERS.
168T.
to do his best in the parish of St. Andrew's. Order for instructions
for the officers to be drawn up by the military members of Council.
Petition of Thomas Griffin, complaining of the capture of his sloop
by a Spaniard. Letter of the prisoners at Campeachy, on which
the Governor was advised to send for them. Account of money
advanced to the Treasury for suppression of rebellious negroes,
total 676J. Then Colonel Robert Byndloss was called in, and the
depositions as to the interloping ship Hawk were read. Colonel
Byndloss said that they proved his case. Colonel Barry denied
that he knew anything of the affair. Martin Wilkins and William
Elletson gave contradictory evidence.
Feb. 11. Account of escheats and of pirates' estates presented. Ordered
that the Attorney-General be thanked for his good service in
putting down pirates, that the bond of 50Z. lately belonging to a
pirate be given to him, as also the proceeds of the sale of cattle
lately taken from another pirate. Order for the preparation of
an abstract of the sums due to the King on account of escheats.
It was moved that a field officer should be appo.inted to be com-
mander-in-chief of the parties against the negroes. The Lieutenant
Governor said that he would propose it to Major Langley and
Captain Orgill. Order for payment of the Provost Marshal, and
for collection of fines due to the King. Petition of St. Jago de
Castillo, for leave to supply Spanish ships with provisions and
produce of the Island. The Governor was asked by the Council to
recommend the petition at home, on the understanding that the
petitioners should pay customs in England. Rewards were granted
to two men for their assistance in seizing the pirate Banister. The
Governor reported to the Council the state of affairs in New Provi-
dence, and the election of Thomas Bridge to be Governor. A
proclamation was ordered for the recall of all men leaving Jamaica
for Providence. List of fines due to the King, 1682-1686.
Accounts of Jamaica for 1686. [Col. Entry Bk., Vol. XXXVI.,
pp. 145-163.]
Feb. 10. 1,129. Depositions of Bartholomew Sharpe and John England,
that when Sharpe asked Samuel Trott what reason the country
had to libel him, and to ask the Governor to call Lis Commission
in question, Trott answered that it was not aimed at him, but that
they designed to shoot at the Governor through Sharpe. Certified
copy. Scrap. [Col. Papers, Vol. LIX., No. 62.J
Feb. 10. 1,130. Minutes of Council of New York. Mr. Santen sent for
and ordered to deliver up all bills, bonds, &c., that he has of the
King's. In reply to the Governor, Mr. Santen said that he had
advised Mr. Richard Rogers not to pay the money in his hands due
to the King without an order from the Governor and Council. Mr.
Rogers said that he had 1401. ready to pay to the King, and 39J.
outstanding, but that Santen had) warned him not to pay it, -as
aforesaid.
Feb. 11. Major Brockholes being sent to Mr. Rogers, brought back word
that he refused to pay the money without an order from the
Governor and Council. Order that he pay it accordingly to Mr.
AMERICA AND WEST INDIES. 317
168T,
Delancey, who reported that Rogers refused to pay without an
order signed by the Governor and every member of Council, or
by Mr. Santen. Order for enquiry whether Mr. Santen had taken
any security from Rogers. [Col. Papers, Vol. LIX., No. 49.]
Feb. 11. 1,131 . Ordter of the King in Council. Authorising Lieutenant
Whitehall. Governor Stede to proceed with the trial of Sir Timothy Thornhill
at the Court of Grand Sessions. Signed, John Nicholas. [Col.
Entry Bk., Vol. VII., pp. 405, 406.]
Feb. la. 1.132 Instructions to Sir Nathaniel Johnson, Governor of the
Leeward Islands, for the enforcement of the Acts of Trade and
Navigation. [Col. Entry Blc., Vol. XLVII., pp. 234-241.]
Feb. 14. 1,133. Minutes of Council of New York. Order for Mr. Santen
to deliver all papers relating to the King's revenue that are still
with him. Depositions as to the papers seized. Order for the
Attorney-General to draw up a bill for the continuance of ihe
revenue, making one witness sufficient proof. [Col. Papers, Vol.
LIX., No. 49.]
Feb. 14. 1,134. Minutes of Council of Antigua. Ordter for an inquiry
into an alleged conspiracv of negroes, Colonel Rowland Williams,
Captains John Frv and Henry Simes, and Mr. Henry Winthrop
to be commissioners for the purpose. Order for pursuit of the
remaining nesrroes by two or three parties of men under Captain
Carden, and that the inhabitants keep their negroes from leaving
their estates, and allow no drumming or noise therein. [Col.
Enfry Bk, Vol. XLVIII., pp. 95, 96.]
Feb. 15. 1,135. Attestations against Captain Edward Conway, as a
[Bermuda.] p i ra t e . Large sheet. Endorsed. [Col. Papers, Vol. LIX., No.
63.]
Feb. 15. 1,136. Governor Sir James Russell to Lords of Trade and
Nevis. Plantations. Finding the Dartmouth with no more stores than
sufficient to take her home. I have ordered her to the Downs,
which I hope will be approved, as it is the result of mere necessity.
I have supplied Captain St. Loe with all the powder that I could
spare, leaving the forts as bare as safety would permit. Nor can
I buy any more than what I have supplied, thirty barrels. I
enclose the trials of Captain Bartholomew Sharpe, one for his life
and one for his ship, but he was cleared in both. To encourage
the King's evidences, I gave three of Sharpe's men chosen by
Captain St. Loe the enclosed pardon for their lives. Two refused
it, but the third accepted, and gave me such evidence as he could,
but to no purpose. An account of my disbursements for the
Dartmouth and of the King's share of all seizures made since my
coming accompanies this. Signed, James Russell. Endorsed.
Read 19 July 1687. Annexed,
1,336. i. Copy of proceedings against Captain Bartholomew
Sharpe, at a Court of Admiralty held at Nevis 10 and 12
February 1686-7. 11 pp. Endorsed. Reed. 22 March
J686-7.
318 COLONIAL PAPERS.
1687.
1,136. IT. Copy of the pardon granted to three of Sharpe's men
to turn King's evidence. Signed, Ja. Russell. 2 pp.
Endorsed. 22 March 1686-7.
1,136. in. Copy of proceedings against the ship Resolution, cap-
tured and libelled for piracy by Captain Bartholomew
Sharpe at a Court of Admiralty held at Nevis 3 February
1686-7. Verdict, sruilty of piracy. 10 pp. Endorsed.
Reed. 22 March 1686-7.
1,136. TV. Account of disbursements made for H.M.S. Dart-
mouth, and of money made by seizure of ships. Signed,
Ja. Russell. 2 pp. Endorsed as the foregoing.
1,136. v. Account of debts incurred bv the Dartmouth, being
part of the foregoing account. Signed, G. St. Loe. 1 p.
Endorsed as the foregoing.
1,136. vi. A fragment of another account for storage of the
Dartmouth's stores. Signed, G. St. Loe. Scrap, endorsed
as the foregoing. [Col. Pavers, Vol. LIX., Nos. 64,
64i.-vio and Col. Entry Bk., Vol. XLVII., p. 253.]
Feb. 15. ],137. Captain St. Loe's receipt for a packet of letters entrusted
to him by Sir James Russell. Signed, G. St. Loe. Seal. Scrap.
Endorsed. Reed. 22 April 87. [Col. Papers, Vol. LIX., 'No. 65.]
Feb. 15. 1,138. Sailing orders of Sir James Russell to Captain George
St. Loe. 7th February. You will make all arrangements to sail
with H.M.S. Dartmouth for England on the 12th inst. 15th
February. You will weigh anchor and proceed direct to England,
without stopping at any of the Islands. Signed, J. Russell. Copies.
1 p. Endorsed. Reed. 22 April 87. [Col. Papers, Vol. LIX., No.
66.]
1,139. Relation of the apprehension and trial of Captain
Bartholomew Sharpe for piracy. The charges were for piracies
committed at Jamaica in October 1684, and at Campeachy and on
the high seas in October 1685. Five witnesses were called, but
only one was forthcoming, a mulatto, whose evidence, by
a law of the country, was not good against a white
person. The bill was, therefore, thrown out by the Grand Jury.
Captain St. Loe being dissatisfied, proposed to the Deputy Governor
that a pardon should be offered to some of Sharpe's men, and
another indictment was preferred against him on 12 February
1687, and the Grand Jury brought in a true bill against him, but
the petty jury found him not guilty. 3 pp. Undated. \Col.
Papers, Vol. LIX., No. 67.]
Feb. 16. 1,140. Minutes of Council of Barbados. Order for payment of
181. 6s. 8d. to William Siston for accommodating the Committee
of public accounts. Examination of the evidence of Sir Richard
Dutton, in the case of John Daniel. John Farmer, Richard Evans,
and Henry Nelson gave their evidtence, after which Sir Timothy
Thbrnhill said he would produce no further proof, and that he did
not believe Mr. Daniel to be guilty of the crimes alleged by Sir
Richard. Witnesses for Mr. Daniel were examined, John Reid,
William Howe, William Foster, William Chester, and others ; and
documents were put in.
AMERICA AND WEST INDIES. 319
1687.
Feb. 17. A committee was appointed to examine the complaints of the
Quakers, a-; set forth in their petition to the King. [Col. Entry
Blc., Vol. XII., pp. 12-20.]
QD. 17. 1,14], Journal of Council and Assembly of Nevis. The
Assembly, at the proposal of the Governor and Council, assented
that an Act should be made to validate wills which, through the
ignorance of testators, were insufficiently attested. The Governor
announced that as he intended to go to Barbuda, he would be glad
to hear any proposals of the Assembly. The Assembly proposed
that it should be unlawful for anyone to retail provisions until
they had been imported eight days, and that an Act should be
passed to restrain the insolence of negroes. The Governor and
Council assented. Order for a ioint committee to draw up the
necessary Bills. \Col. Entry Bk., Vol. XLVIII., p. 126, and
(under date Feb. 15) pp. 133-135.]
Feb. 21. 1,142. Minutes of Council of Jamaica. The Governor reported
that two parties were already prepared to march against the negroes,
and was asked to issue commissions to the officers. Major Byves
was instructed to pay the advance-money to officers and men, and
the rendezvous was fixed and communicated to Major Langley, the
commander-in-chief. Arrangements for contributions for the
support of the parties and for subsisting them. Colonel Barry gave
in his answers to the depositions against him in the matter of the
interloping ship Hawk. Order for payment of sundry salaries.
Order for any five of the Council to meet and draw up a report as
to Colonel Byndloss's business regarding the interloping ship Hawk.
Proclamation for the recall of Thomas Bridge and others from
New Providence. [Col. Entry BL, Vol. XXXVI., pp. 164-166A.]
Feb. 22. 1,143. Governor Lord Howard of Effingham to the Earl of
Virginia. Sunderland. The Acts, for the King's approbation or disallowance,
are sent herewith. My efforts have not been wanting to make
them pleasing, but I failed to obtain an Act empowering the
Governor and Council to raise a levy of twenty pounds of tobacco
per poll without an Assembly. I failed also to obtain a good
Militia Act, the burgesses actually refusing to continue the Act of
1684, making the burgesses liable to make good expenditure
sanctioned by the Governor and Council on emergency. The
Assembly met in much the same temper as when it parted last
time, as you will see by their continued exceptions to the payment
of the King's quit-rents. When I received the Royal order to
repeal laws by proclamation, I hindered them from trenching
further on the Royal prerogative, reserving my assent till Bills
had passed the Council. I did not receive the King's orders for
the dissolution until the 10th or 12th of November, when they
were so near a closure that I deferred it till business was finished.
I could not have called another Assembly in time to have laid the
levy on tobacco before the tobacco would be disposed of. But after
the Acts were passed, I read them the King's letters, and told them
they were the first Assembly that had been so dissolved by the
320 COLONIAL PAPERS.
168T.
King's special command, and would be, I hoped, the last to deserve
it. I ordered copies of the Royal letter to be sent to all the
Countv Courts, that everyone might know of the King's displeasure.
I have displaced Beverley from all public employment, but have
proceeded no further yet, hoping that this will be a warning to
him and to others.
I have suspended Colonel Philip Ludwell from the Council,
having great reason to believe him an abettor in fomenting those
disputes over which the Assembly was so obstinate. Apart
from credible information as to his private meetings with
the most refractory members of the Assembly, I observed
that he countenanced them both by word and action. I
give but one instance out of many. At the first meeting of the
Assemblv. in November 1685, he seldom attended the Council or
General Court, and on my remonstrating, he told me before several
of the Council that he had affairs of his own at home, though it
was known to the whole Council that he was in Jamestown almost
every dav. Even when he attended, it was rather to oppose than
support the Kind's interest. After the prorogation, I ordered him
to put Major Allen, who had been forward in promoting the
dispute between the Assembly and myself on the subject of the
Royal veto, out of his office of Survevor. He thereupon put in
Major Swan, as troublesome a man as the other, and that fas I am
informed) just for the convenience of Allen, who is a near neighbour.
Again, no sooner does the King declare Robert Beverley to be
incapable of public employment, but he presently gives, as Mr.
Culpeper's deputy, his Survevor's place, which is the best in the
countrv, to Beverlev's son. Again, he was the only person in the
Council who argued the least for the undutiful address sent to the
Kin? by the Assembly in May 1684, contrary to my order. This
conduct he has still more or less pursued, and now so palpably
that I could not suffer it any longer. I have waited so long as I have
only in the hope that he would be more careful, and) from caution
lest I should seem to act from private dissatisfaction. On Colonel
Bridger's death last spring, I gave him a Collector's place in the
hope of gaining him, but since his open display of favour to the
friends of Allen and 1 Beverley, I thought it best to displace him
from this office, as well as from the Council. When I took the
oath of Governor at the Council table, Lord Keeper North and
several others asked me if I would not have Ludwell put out of the
Council, and if I knew of objections to him. I replied that I knew
nothing of him, thouorh I had heard of his opposition to former
Governors ; but that I had power to displace him if necessary, and
should use it. I am satisfied that my reasons will be judged
sufficient in the present case, though I now see that the lords who
spoke to me knew more of Ludfwell's temper than I. I shall
appoint Colonel Isaac Allerton to the Council in Ludwell's place,
he being ordered in my instructions to be called to the first vacancy.
I find his character quite as high as was represented by Lord
Culpeper. I am sorry to have written you for two years such
unsatisfactory accounts, but I hope they may be better in future.
I shall not have so many Assemblies, unless required by special
AMERICA AND WEST INDIES. 32 J
1687.
circumstances. Signed, Effingham. Holograph. 3 pp. Endorsed.
Reed. 11 May. Read 18 May 87. [Co/. Papers, Vol. LIX., No.
68, and Col. Entry Bk., Vol. LXI., pp. 125-133.]
Feb. 22. 1,144. Minutes of Council of Barbados, The Assembly pre-
sented John Farmer as their Speaker, who was approved. The
Governor commended to them the renewal of the Act for an impost
on liquors. The Assembly brought up a Bill of Excise.
Feb. 23. The Bill of Excise passed. Order for the trial of George Parris
for piracy by the Court of Pleas of the Crown. Orders for pay-
ment of Thomas Seawell for two negroes executed, and for pay-
ment of six months' salary to the Clerk of Assembly. Sir Robert
Davers was granted leave of absence to go to England. Order for
publication of the Treaty of Neutrality. John Reid sworn of the
Council. [Col. Entry BL, Vol. XII., pp. 21-24.]
Feb. 22. 1,145. Journal of Assembly of Barbados. Colonel John Farmef
elected Speaker. Resolved that Richard Salter be Treasurer, and
that his commission be six per cent. Act for an impost on im-
ported liquors carried for a year. The Committee reported as to
the cleansing of St. Michael's Harbour. Additional Act for
Vestries rejected. The Council's amendments to the Act for an
impost rejected, and a Committee appointed! for a conference.
Feb. 23. On the report of the Committee, the rate on shipping for the
expense of cleansing St. Michael's Harbour was fixed at sixpence.
Order for a Bill to empower Commissioners to carry out the recom-
mendations of the Committee. The quorum for the Committee on
the laws reduced to three. Adjourned to 17 May. [Col. Entry
Bk, Vol. XIV., pp. 168-169.]
Feb. 22. 1,146. Governor Dongan to the Earl of Sunderland. The
New York. con tinued delay of Mr. Santen in presenting his accounts has
delayed Mr. Spragge's departure for England with the Acts for
at least twelve months, but I have at last forced his books and
papers from him, and by the audit of his accounts he is found to
be nearly 3,000?. in debt to the King. This is a great hardship
on me, coming just when things are in great disorder, and before
the revenue was settled. I was, therefore, obliged to spend the
little stock I had and to pledge my own credit to satisfy other
expenses necessary for the King's service. I refer you to the charge
against the Collector, the orders of Council that relate to him, my
answer to the heads of inquiry sent to me, and to several other
papers referring not only to this but to other parts of America.
The Council has been much straitened by the limitation of the
number to seven. Mr. Santen was thought unfit to be sworn. Mr.
Young is very old, and lives far away; two others are so much
engaged with their own business that they cannot always attend
Council, and either Captain Brockholes or Captain Baxter must
be at Albany. I therefore beg the addition of Messrs. John
Palmer, James Graham, . Nicholas Bayard, Gabriel Minivell,
William Smith, Francis Rumbouts, and Matthias Nicolls, or as
many as the King pleases ; with some allowance to the Council.
322 COLONIAL PAPERS,
1687.
Such allowance is reasonable if they neglect their own business
for the King's. If Connecticut and East Jersey be added, the
expense will easily be defrayed by the Government. I beg that
Mr. Spragge may be allowed to return here as soon as possible, for
he is much needed. My accounts shall be sent to Mr. Blathwayt
by the first opportunity. Believe me, I have been a better husband
in managing the little revenue of this place than I ever was in any
affair of my own. In searching the papers relating to the King's
revenue (of which we could not find many), I saw a charge against
myself, a letter to the King and a letter to you, which I take the
liberty of sending. Signed, Tho. Dongan. P.S. I send a peti-
tion from the judges here, and beg that something may be done
for them, or they cannot live in so expensive a city ; also petitions
from the French inhabitants and from Judge Palmer, relating to
a suit of his in Chancery. I would not spare him to give him leave
of absence, so recommend him to you. Since I began this letter,
Santen has Veen so troublesome that I am forced to send him home.
I now find that not one of the debts which he pretends to be out-
standing will be received ; he has either received them himself or
they are hopelessly bad. He is very abusive ; rogue and rascal
are tlje civillest terms that he gives me or any of the Council, and
he threatens us with chains at least, for what we have done to him.
I find that there was no letter to you ; only one to the King. 3 pp.
Endorsed. Reed. 9 May. Readl 18 May 87. Printed in New York
Documents III., 420, 421. Annexed,
1,146. i. Names of the new Councillors recommended by
Governor Dongan in the letter ; with an intimation that
he has already appointed Judge Palmer and Nicholas
Bayard to the Council. 1 p. Endorsed. Reed, from
Mr. Spragge, 9 May 1687. Read 18 May 1687.
1,146. ii. Petition of Judge John Palmer. Praying remission
of a fine of 50 incurred in consequence of the grant to
him of the reversion of a farm in East New Jersey. 1 p.
Endorsed as the preceding.
1,146* in. Petition of the same. Begging for leave to return to
England, where there is a Chancery suit depending,
wherein he is much concerned. Signed, J. Palmer. 1 p.
Endorsed as the preceding.
1,146. rv. Petition of the French Protestants to Governor
Dongan. That masters of vessels, merchants established
in the province, and others, may have liberty to go to and
fro and trade in all the King's dominions in North
America without molestation or difference of treatment
from that of British subjects, petitioners recognising the
King as their protector, benefactor, and Sovereign. Also
that Governors may be instructed to receive and en-
courage them on their arrival. Signed, Jean Bout 
